House File 535 - Reprinted
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 151)
(COMPANION TO sf 298
by committee on
judiciary)
(As Amended and Passed by the House March 17, 2015)
A BILL FOR
1 An Act relating to nonsubstantive Code corrections.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HF 535 (3) 86
lh/rj/md
PAG LIN
1 1 DIVISION I
1 2 MISCELLANEOUS CHANGES
1 3 Section 1. Section 1D.1, Code 2015, is amended to read as
1 4 follows:
1 5 1D.1 Standard time and daylight saving time.
1 6 The standard time in this state is the solar time of the
1 7 ninetieth meridian of longitude west of Greenwich, England,
1 8 commonly known as central standard time, except that from two
1 9 o'clock 2:00 ante meridiem of the first Sunday of April in
1 10 every year until two o'clock 2:00 ante meridiem of the last
1 11 Sunday of October in the same year, standard time shall be
1 12 advanced one hour. The period of time so advanced shall be
1 13 known as "daylight saving time." time".
1 14 Sec. 2. Section 10.1, subsection 5, Code 2015, is amended
1 15 to read as follows:
1 16 5. "Cooperative association" means an entity which is
1 17 structured and operated on a cooperative basis pursuant to 26
1 18 U.S.C. {1381(a) and which meets the definitional requirements
1 19 of an association as provided in 12 U.S.C. {1141(j)(a)
1 20 {1141j(a) or 7 U.S.C. {291.
1 21 Sec. 3. Section 13B.4B, subsection 2, paragraph c, Code
1 22 2015, is amended to read as follows:
1 23 c. The state public defender may in the state public
1 24 defender's sole discretion release claims and supporting
1 25 documents, including any information that would otherwise be
1 26 confidential in under sections 232.147 through 232.150, to the
1 27 auditor of state, the Iowa supreme court attorney disciplinary
1 28 board, the grievance commission of the supreme court of Iowa,
1 29 or to other state or local agencies to the extent necessary
1 30 to investigate fraud or other criminal activity against the
1 31 attorney or vendor submitting the claim.
1 32 Sec. 4. Section 15.329, subsection 1, paragraph a, Code
1 33 2015, is amended to read as follows:
1 34 a. If the qualifying investment is ten million dollars
1 35 or more, the community has approved the project by ordinance
2 1 or resolution the project for the purpose of receiving the
2 2 benefits of this part.
2 3 Sec. 5. Section 29B.26, Code 2015, is amended to read as
2 4 follows:
2 5 29B.26 Who may serve on courts=martial.
2 6 1. a. Any commissioned officer of or on duty with the state
2 7 military forces is eligible to serve on all courts=martial for
2 8 the trial of any person who may lawfully be brought before the
2 9 courts for trial.
2 10 b. Any warrant officer of or on duty with the state
2 11 military forces is eligible to serve on general and special
2 12 courts=martial for the trial of any person, other than a
2 13 commissioned officer, who may lawfully be brought before the
2 14 courts for trial.
2 15 c. Any enlisted member of the state military forces who
2 16 is not a member of the same unit as the accused is eligible
2 17 to serve on general and special courts=martial for the trial
2 18 of any enlisted member who may lawfully be brought before
2 19 the courts for trial, but the enlisted member shall serve as
2 20 a member of a court only if, before the end of any pretrial
2 21 session that is held or if none is held before the convening
2 22 of the court, the accused personally has requested in writing,
2 23 that enlisted members serve on it. After such a request,
2 24 the accused shall not be tried by a general or special
2 25 court=martial the membership of which does not include enlisted
2 26 members in a number comprising at least one=third of the
2 27 total membership of the court, unless eligible members cannot
2 28 be obtained on account of physical conditions or military
2 29 exigencies. If such members cannot be obtained, the court may
2 30 be convened and the trial held without them, but the convening
2 31 authority shall make a detailed written statement, to be
2 32 appended to the record, stating why they could not be obtained.
2 33 d. In this section, the word "unit" means any regularly
2 34 organized body of the state military forces.
2 35 2. When it can be avoided, a person subject to this code
3 1 shall not be tried by a court=martial any member of which is
3 2 junior to the person in rank or grade.
3 3 3. When convening a court=martial, the convening authority
3 4 shall detail as members of the courts=martial persons who in
3 5 the convening authority's opinion, are best qualified for the
3 6 duty by reason of age, education, training, experience, length
3 7 of service, and judicial temperament. A person is not eligible
3 8 to serve as a member of a general or special court=martial when
3 9 the person is the accuser or a witness for the prosecution or
3 10 has acted as investigating officer, staff judge advocate, or as
3 11 counsel in the same case. If a military judge is not appointed
3 12 for a special court=martial and if a commissioned officer who
3 13 is a member of the bar of the highest court of the state and
3 14 of appropriate rank and grade is present and not otherwise
3 15 disqualified and within the command of the convening authority,
3 16 the convening authority shall appoint the commissioned officer
3 17 as president of a special court=martial. Failure to meet this
3 18 requirement does not divest a military court of jurisdiction.
3 19 Sec. 6. Section 29C.2, subsection 7, Code 2015, is amended
3 20 to read as follows:
3 21 7. "Mass notification and emergency messaging system" means
3 22 a system which disseminates emergency and public safety related
3 23 safety=related information to the public by various means
3 24 including but not limited to telephone, wireless communications
3 25 service, dual party relay service or telecommunications device,
3 26 text messaging, electronic mail, and facsimile, and which
3 27 integrates with federal emergency messaging systems.
3 28 Sec. 7. Section 35B.6, subsection 1, paragraph a, Code 2015,
3 29 is amended to read as follows:
3 30 a. The members of the commission shall qualify by taking
3 31 the usual oath of office. The commission shall organize by
3 32 the selection of selecting one of their the commission members
3 33 as chairperson and one as secretary. The commission, subject
3 34 to the annual approval of the board of supervisors, shall
3 35 employ an executive director or administrator who shall have
4 1 the power to employ other necessary employees to carry out
4 2 the provisions of this chapter, including administrative or
4 3 clerical assistants, but no member of the commission shall be
4 4 so employed. The state department of veterans affairs shall
4 5 recognize the executive director or administrator as a county
4 6 veterans service officer of a veterans' service organization
4 7 recognized pursuant to 38 C.F.R. {14.628(c) for the purposes
4 8 of assisting veterans and their dependents in obtaining
4 9 federal and state benefits. The commission shall recommend the
4 10 compensation of the executive director or administrator and all
4 11 employees of the county veteran affairs office to the board
4 12 of supervisors. The board of supervisors shall consider the
4 13 recommendation and shall determine and approve the compensation
4 14 of the executive director or administrator and all employees
4 15 of the county veteran affairs office. The executive director
4 16 must possess the same qualifications as provided in section
4 17 35B.3 for commission members. However, this qualification
4 18 requirement shall not apply to a person employed as an
4 19 executive director prior to July 1, 1989.
4 20 Sec. 8. Section 35B.7, Code 2015, is amended to read as
4 21 follows:
4 22 35B.7 Meetings ==== report ==== budget.
4 23 The commission shall meet monthly and at other times as
4 24 necessary. At the monthly meeting it the commission shall
4 25 determine who are entitled to county benefits and the probable
4 26 amount required to be expended. The commission shall meet
4 27 annually to prepare an estimated budget for all expenditures
4 28 to be made in the next fiscal year and certify the budget to
4 29 the board of supervisors. The board may approve or reduce the
4 30 budget for valid reasons shown and entered of record and the
4 31 board's decision is final.
4 32 Sec. 9. Section 54.5, Code 2015, is amended to read as
4 33 follows:
4 34 54.5 Presidential nominees.
4 35 1. a. The names of the candidates for president and vice
5 1 president of a political party as defined in the law relating
5 2 to primary elections, shall, by five o'clock 5:00 p.m. on the
5 3 eighty=first day before the election, be certified to the state
5 4 commissioner by the chairperson and secretary of the state
5 5 central committee of the party.
5 6 b. However, if the national nominating convention of a
5 7 political party adjourns later than eighty=nine days before
5 8 the general election the certificate showing the names of that
5 9 party's candidates for president and vice president shall be
5 10 filed within five days after adjournment.
5 11 c. As an alternative to the certificate by the state
5 12 central committee, the certificate of nomination issued by
5 13 the political party's national nominating convention may
5 14 be used to certify the names of the party's candidates for
5 15 president and vice president. If certificates of nomination
5 16 are received from both the state central committee and the
5 17 national nominating convention of a political party, and there
5 18 are differences between the two certificates, the certificate
5 19 filed by the state central committee shall prevail.
5 20 2. The state central committee shall also file a list of
5 21 the names and addresses of the party's presidential electors,
5 22 one from each congressional district and two from the state
5 23 at large, not later than five o'clock 5:00 p.m. on the
5 24 eighty=first day before the general election.
5 25 3. If a candidate for the office of president or vice
5 26 president of the United States withdraws, dies, or is otherwise
5 27 removed from the ballot before the general election, another
5 28 candidate may be substituted. The substitution shall be made
5 29 by the state central committee of the political party or by
5 30 the governing committee of the national party. If there
5 31 are differences, the substitution made by the state central
5 32 committee shall prevail. A nonparty political organization
5 33 which has filed the names of party officers and central
5 34 committee members with the secretary of state before the close
5 35 of the filing period for the general election pursuant to
6 1 section 44.17 may also make substitutions. A substitution must
6 2 be filed no later than seventy=four days before the election.
6 3 Sec. 10. Section 57.6, Code 2015, is amended to read as
6 4 follows:
6 5 57.6 Other contests.
6 6 All the provisions of the chapter in relation 62 relating to
6 7 contested elections of county officers shall be applicable, as
6 8 near as may be, to contested elections for other offices, and
6 9 for public measures except as herein otherwise provided, and in
6 10 all cases process and papers may be issued to and served in the
6 11 manner provided by the rules of civil procedure for service of
6 12 an original notice by the sheriff of any county.
6 13 Sec. 11. Section 96.7, subsections 4, 5, 6, and 11, Code
6 14 2015, are amended to read as follows:
6 15 4. Employer liability determination.
6 16 a. The department shall initially determine all questions
6 17 relating to the liability of an employing unit or employer,
6 18 including the amount of contribution, the contribution rate,
6 19 and successorship. A copy of the initial determination shall
6 20 be sent by regular mail to the last address, according to the
6 21 records of the department, of each affected employing unit or
6 22 employer.
6 23 b. The affected employing unit or employer may appeal in
6 24 writing to the department from the initial determination.
6 25 An appeal shall not be entertained for any reason by the
6 26 department unless the appeal is filed with the department
6 27 within thirty days from the date on which the initial
6 28 determination is mailed. If an appeal is not so filed, the
6 29 initial determination shall with the expiration of the appeal
6 30 period become final and conclusive in all respects and for all
6 31 purposes.
6 32 c. A hearing on an appeal shall be conducted according to
6 33 rules adopted by the department. A copy of the decision of the
6 34 administrative law judge shall be sent by regular mail to the
6 35 last address, according to the records of the department, of
7 1 each affected employing unit or employer.
7 2 d. The department's decision on the appeal shall be final
7 3 and conclusive as to the liability of the employing unit or
7 4 employer unless the employing unit or employer files an appeal
7 5 for judicial review within thirty days after the date of
7 6 mailing of the decision as provided in subsection 5.
7 7 5. Judicial review.
7 8 a. Notwithstanding chapter 17A, petitions for judicial
7 9 review may be filed in the district court of the county
7 10 in which the employer resides, or in which the employer's
7 11 principal place of business is located, or in the case of a
7 12 nonresident not maintaining a place of business in this state
7 13 either in a county in which the wages payable for employment
7 14 were earned or paid or in Polk county, within thirty days after
7 15 the date of the notice to the employer of the department's
7 16 final determination as provided for in subsection 2, 3, or 4.
7 17 b. The petitioner shall file with the clerk of the
7 18 district court a bond for the use of the respondent, with
7 19 sureties approved by the clerk, with any penalty to be fixed
7 20 and approved by the clerk. The bond shall not be less than
7 21 fifty dollars and shall be conditioned on the petitioner's
7 22 performance of the orders of the court. In all other respects,
7 23 the judicial review shall be in accordance with chapter 17A.
7 24 6. Jeopardy assessments.
7 25 a. If the department believes that the collection of
7 26 contributions payable or benefits reimbursable will be
7 27 jeopardized by delay, the department may immediately make an
7 28 assessment of the estimated amount of contributions due or
7 29 benefits reimbursable, together with interest and applicable
7 30 penalty, and demand payment from the employer. If the payment
7 31 is not made, the department may immediately file a lien
7 32 against the employer which may be followed by the issuance of a
7 33 distress warrant.
7 34 b. The department shall be permitted to accept a bond
7 35 from the employer to satisfy collection until the amount of
8 1 contributions due is determined. The bond shall be in an
8 2 amount deemed necessary, but not more than double the amount
8 3 of the contributions involved, with securities satisfactory to
8 4 the department.
8 5 11. Temporary emergency surcharge.
8 6 a. If on the first day of the third month in any calendar
8 7 quarter, the department has an outstanding balance of interest
8 8 accrued on advance moneys received from the federal government
8 9 for the payment of unemployment compensation benefits, or is
8 10 projected to have an outstanding balance of accruing federal
8 11 interest for that calendar quarter, the department shall
8 12 collect a uniform temporary emergency surcharge for that
8 13 calendar quarter, retroactive to the beginning of that calendar
8 14 quarter. The surcharge shall be a percentage of employer
8 15 contribution rates and shall be set at a uniform percentage,
8 16 for all employers subject to the surcharge, necessary to pay
8 17 the interest accrued on the moneys advanced to the department
8 18 by the federal government, and to pay any additional federal
8 19 interest which will accrue for the remainder of that calendar
8 20 quarter. The surcharge shall apply to all employers except
8 21 governmental entities, nonprofit organizations, and employers
8 22 assigned a zero contribution rate. The department shall
8 23 adopt rules prescribing the manner in which the surcharge
8 24 will be collected. Interest shall accrue on all unpaid
8 25 surcharges under this subsection at the same rate as on regular
8 26 contributions and shall be collectible in the same manner.
8 27 The surcharge shall not affect the computation of regular
8 28 contributions under this chapter.
8 29 b. A special fund to be known as the temporary emergency
8 30 surcharge fund is created in the state treasury. The
8 31 special fund is separate and distinct from the unemployment
8 32 compensation fund. All contributions collected from the
8 33 temporary emergency surcharge shall be deposited in the special
8 34 fund. The special fund shall be used only to pay interest
8 35 accruing on advance moneys received from the federal government
9 1 for the payment of unemployment compensation benefits.
9 2 Interest earned upon moneys in the special fund shall be
9 3 deposited in and credited to the special fund.
9 4 c. If the department determines on June 1 that no
9 5 outstanding balance of interest due has accrued on advanced
9 6 moneys received from the federal government for the payment of
9 7 unemployment compensation benefits, and that no outstanding
9 8 balance is projected to accrue for the remainder of the
9 9 calendar year, the department shall notify the treasurer of
9 10 state of its determination. The treasurer of state shall
9 11 immediately transfer all moneys, including accrued interest,
9 12 in the temporary emergency surcharge fund to the unemployment
9 13 compensation fund for the payment of benefits.
9 14 Sec. 12. Section 96.11, subsection 8, Code 2015, is amended
9 15 to read as follows:
9 16 8. Subpoenas. In case of contumacy by, or refusal to obey
9 17 a subpoena issued to any person, any court of this state within
9 18 the jurisdiction of which the inquiry is carried on or within
9 19 the jurisdiction of which said person guilty of contumacy or
9 20 refusal to obey is found or resides or transacts business, upon
9 21 application by the department, or any member or duly authorized
9 22 representative thereof, shall have jurisdiction to issue to
9 23 such person an order requiring such person to appear before
9 24 the department or any member or duly authorized representative
9 25 thereof to produce evidence if so ordered or to give testimony
9 26 touching the matter under investigation or in question; any
9 27 failure to obey such order of the court may be punished by said
9 28 court as a contempt thereof.
9 29 Sec. 13. Section 97B.53, subsection 3, Code 2015, is amended
9 30 to read as follows:
9 31 3. A terminated, vested member has the right, prior to the
9 32 commencement of the member's retirement allowance, to receive
9 33 a refund of moneys in the member's account, and in the event
9 34 of the death of the member prior to the commencement of the
9 35 member's retirement allowance and prior to the receipt of
10 1 any such refund, the benefits authorized by subsection 1 and
10 2 subsection 2 of section 97B.52, subsections 1 and 2, shall be
10 3 paid.
10 4 Sec. 14. Section 97B.68, subsection 2, paragraph a, Code
10 5 2015, is amended to read as follows:
10 6 a. Such member's accumulated contributions as defined in
10 7 subsection 2 of section 97B.1A, subsection 2, computed as of
10 8 July 4, 1959, plus
10 9 Sec. 15. Section 97C.2, subsections 5 and 7, Code 2015, are
10 10 amended to read as follows:
10 11 5. The term "federal security administrator" means the
10 12 administrator of the federal security agency (or or the
10 13 administrator's successor in function) function, and includes
10 14 any individual to whom the federal security administrator has
10 15 delegated any of the administrator's functions under the Social
10 16 Security Act, Tit. II, with respect to coverage under such Act
10 17 of employees of states and their political subdivisions.
10 18 7. The term "Social Security Act" means the Act of Congress
10 19 approved August 14, 1935, Chapter 531, 49 Stat. 620, officially
10 20 cited as the "Social Security Act," Tit. II, (including
10 21 including regulations and requirements issued pursuant thereto)
10 22 thereto, as such Act has been and may from time to time be
10 23 amended.
10 24 Sec. 16. Section 97C.14, Code 2015, is amended to read as
10 25 follows:
10 26 97C.14 Elected officials ==== retroactive payments.
10 27 Any elective official of the state of Iowa, or any of
10 28 its political subdivisions, who becomes subject to federal
10 29 social security coverage under the provisions of the agreement
10 30 referred to in section 97C.3 shall, not later than October 1,
10 31 1953, pay into the contribution fund established by section
10 32 97C.12 a tax sufficient to pay in the elected official's
10 33 behalf an amount equal to three percent of the official's
10 34 compensation received as a public official for each year or
10 35 portion thereof that the public elected official has served
11 1 as a public elective official since January 1, 1951, not to
11 2 exceed thirty=six hundred dollars for any year of service.
11 3 The state agency shall collect the tax hereby imposed and
11 4 the proceeds from such tax shall be used for the purpose of
11 5 obtaining retroactive federal social security coverage for
11 6 elective officials, for the period beginning January 1, 1951,
11 7 in the same manner as is provided in the case of other public
11 8 employees by the provisions in subsection 2 of section 97.51,
11 9 subsection 2, in order to obtain retroactive federal social
11 10 security coverage during this period of time, such contribution
11 11 to be collected and guaranteed by the employer. The state
11 12 agency will pay any such amount contributed to provide for
11 13 retroactive federal social security coverage for the individual
11 14 in question in the same manner as other payments are made for
11 15 retroactive coverage of public employees. Provided that no
11 16 member of a county board of supervisors shall be deemed to
11 17 be an elective official in a part=time position, but every
11 18 member of a county board of supervisors shall be deemed to
11 19 be an employee within the purview of this chapter and shall
11 20 be eligible to receive all of the benefits provided by this
11 21 chapter to which the member may be entitled as an employee.
11 22 Sec. 17. Section 97C.20, Code 2015, is amended to read as
11 23 follows:
11 24 97C.20 Referenda by governor.
11 25 1. With respect to employees of the state the governor
11 26 is empowered to authorize a referendum, and with respect to
11 27 the employees of any political subdivision the governor shall
11 28 authorize a referendum upon request of the governing body of
11 29 such subdivision; and in either case the referendum shall
11 30 be conducted, and the governor shall designate an agency or
11 31 individual to supervise its conduct, in accordance with the
11 32 requirements of section 218"d"(3) 218(d)(3) of the Social
11 33 Security Act, on the question of whether service in positions
11 34 covered by a retirement system established by the state or by
11 35 a political subdivision thereof should be excluded from or
12 1 included under an agreement under this chapter. The notice of
12 2 referendum required by section 218"d"(3)(C) 218(d)(3)(C) of
12 3 the Social Security Act to be given to employees shall contain
12 4 or shall be accomplished by a statement, in such form and such
12 5 detail as the agency or individual designated to supervise
12 6 the referendum shall deem necessary and sufficient, to inform
12 7 the employees of the rights which will accrue to them and
12 8 their dependents and survivors, and the liabilities to which
12 9 they will be subject, if their services are included under an
12 10 agreement under this chapter.
12 11 2. Upon receiving evidence satisfactory to the governor
12 12 that with respect to any such referendum the conditions
12 13 specified in section 218"d"(3) 218(d)(3) of the Social Security
12 14 Act have been met, the governor shall so certify to the
12 15 secretary of health and human services.
12 16 Sec. 18. Section 99D.6, Code 2015, is amended to read as
12 17 follows:
12 18 99D.6 Chairperson Headquarters, meetings, and election of
12 19 chairperson ==== administrator ==== employees ==== duties ==== bond.
12 20 1. The commission shall have its headquarters in the city
12 21 of Des Moines and shall meet in July of each year and at other
12 22 times and places as it finds necessary for the discharge of its
12 23 duties. The commission shall elect in July of each year one of
12 24 its members as chairperson for the succeeding year.
12 25 2. The commission shall appoint an administrator of
12 26 the commission subject to confirmation by the senate. The
12 27 administrator shall serve a four=year term. The term shall
12 28 begin and end in the same manner as set forth in section 69.19.
12 29 A vacancy shall be filled for the unexpired portion of the term
12 30 in the same manner as a full=term appointment is made. The
12 31 administrator shall be covered by the blanket surety bond of
12 32 the state purchased pursuant to section 8A.321, subsection 12.
12 33 The compensation and employment terms of the administrator
12 34 shall be set by the governor, taking into consideration the
12 35 level of knowledge and experience of the administrator. The
13 1 administrator shall keep a record of the proceedings of the
13 2 commission and preserve the books, records, and documents
13 3 entrusted to the administrator's care.
13 4 3. The administrator may hire other assistants and
13 5 employees as necessary to carry out the commission's duties.
13 6 Employees in the positions of equine veterinarian, canine
13 7 veterinarian, and equine steward shall be exempt from the merit
13 8 system provisions of chapter 8A, subchapter IV, and shall
13 9 not be covered by a collective bargaining agreement. Some
13 10 or all of the information required of applicants in section
13 11 99D.8A, subsections 1 and 2, may also be required of employees
13 12 of the commission if the commission deems it necessary. The
13 13 administrator shall keep a record of the proceedings of the
13 14 commission and preserve the books, records, and documents
13 15 entrusted to the administrator's care. The administrator shall
13 16 be covered by the blanket surety bond of the state purchased
13 17 pursuant to section 8A.321, subsection 12. The compensation
13 18 and employment terms of the administrator shall be set by the
13 19 governor, taking into consideration the level of knowledge and
13 20 experience of the administrator. The commission shall have
13 21 its headquarters in the city of Des Moines and shall meet in
13 22 July of each year and at other times and places as it finds
13 23 necessary for the discharge of its duties.
13 24 Sec. 19. Section 99D.9B, subsection 3, paragraph b, Code
13 25 2015, is amended to read as follows:
13 26 b. Moneys remaining in the fund following distribution to
13 27 the Iowa greyhound association as provided in this subsection
13 28 shall be under the sole control of the commission. The
13 29 commission shall determine the method by which moneys remaining
13 30 in the fund will be distributed, provided, however, that the
13 31 commission shall distribute a portion of the moneys in the fund
13 32 to no=kill animal adoption agencies to facilitate care for and
13 33 adoption of greyhounds no longer racing as a result of the
13 34 discontinuance of live racing. The commission may consider
13 35 objective evidence, including purse payments to greyhound
14 1 industry participants for the period beginning January 1, 2010,
14 2 and ending December 31, 2014, in determining the method of
14 3 distribution. The commission may hire an expert to assist in
14 4 the task of making distributions from the fund. The commission
14 5 may distribute moneys from the fund to greyhound industry
14 6 participants and to kennel owners and operators and greyhound
14 7 owners for costs incurred in removing property from the dog
14 8 racetrack located in Pottawattamie county as required by
14 9 section 99D.9A, subsection 2, paragraph "c". Prior to adoption
14 10 of any formula for distribution, the commission shall allow for
14 11 input from greyhound industry participants. The distribution
14 12 decisions of the commission shall be final. The commission
14 13 may use moneys in the fund to pay its direct and indirect
14 14 administrative expenses incurred in administering the fund,
14 15 including the hiring of experts to assist in the commission's
14 16 distribution determination. Members of the commission,
14 17 employees of the commission, and any experts hired by the
14 18 commission pursuant to this section shall be held harmless
14 19 against any claim of liability made by any person arising out
14 20 of the distribution of moneys from the fund by the commission.
14 21 Sec. 20. Section 101A.7, subsection 1, Code 2015, is amended
14 22 to read as follows:
14 23 1. The licensee's or permittee's explosive explosives
14 24 storage facility shall be inspected at least once a year by a
14 25 representative of the state fire marshal's office, except that
14 26 the state fire marshal may, at those mining operations licensed
14 27 and regulated by the United States department of labor, accept
14 28 an approved inspection report issued by the United States
14 29 department of labor, mine safety and health administration,
14 30 for the twelve=month period following the issuance of the
14 31 report. The state fire marshal shall notify the appropriate
14 32 city or county governing board of licenses to be issued in
14 33 their respective jurisdictions pursuant to this chapter. The
14 34 notification shall contain the name of the applicant to be
14 35 licensed, the location of the facilities to be used in storing
15 1 explosives, the types and quantities of explosive materials to
15 2 be stored, and other information deemed necessary by either
15 3 the governing boards or the state fire marshal. The facility
15 4 may be examined at other times by the sheriff of the county
15 5 where the facility is located or by the local police authority
15 6 if the facility is located within a city of over ten thousand
15 7 population and if the sheriff or city council considers it
15 8 necessary.
15 9 Sec. 21. Section 124D.2, subsection 5, Code 2015, is amended
15 10 to read as follows:
15 11 5. "Primary caregiver" means a person, at least eighteen
15 12 years of age, who has been designated by a patient's
15 13 neurologist or by a person having custody of a patient,
15 14 as being necessary to take responsibility for managing the
15 15 well=being of the patient with respect to the medical use of
15 16 cannabidiol pursuant to the provisions of this chapter.
15 17 Sec. 22. Section 124D.4, subsection 2, paragraph b, Code
15 18 2015, is amended to read as follows:
15 19 b. The patient's photo photograph.
15 20 Sec. 23. Section 124D.4, subsection 4, paragraph b, Code
15 21 2015, is amended to read as follows:
15 22 b. The primary caregiver's photo photograph.
15 23 Sec. 24. Section 135C.9, subsection 1, paragraph b, Code
15 24 2015, is amended to read as follows:
15 25 b. The facility has been inspected by the state fire marshal
15 26 or a deputy appointed by the fire marshal for that purpose,
15 27 who may be a member of a municipal fire department, and the
15 28 department has received either a certificate of compliance
15 29 or a provisional certificate of compliance by the facility
15 30 with the fire hazard and fire safety rules and standards
15 31 of the department as promulgated by the fire marshal and,
15 32 where applicable, the fire safety standards required for
15 33 participation in programs authorized by either Tit. XVIII or
15 34 Tit. XIX of the United States Social Security Act (42, codified
15 35 at 42 U.S.C. {1395 = 1395ll and 1396 = 1396g) 1396g. The
16 1 certificate or provisional certificate shall be signed by
16 2 the fire marshal or the fire marshal's deputy who made the
16 3 inspection. If the state fire marshal or a deputy finds a
16 4 deficiency upon inspection, the notice to the facility shall
16 5 be provided in a timely manner and shall specifically describe
16 6 the nature of the deficiency, identifying the Code section or
16 7 subsection or the rule or standard violated. The notice shall
16 8 also specify the time allowed for correction of the deficiency,
16 9 at the end of which time the fire marshal or a deputy shall
16 10 perform a follow=up inspection.
16 11 Sec. 25. Section 135C.36, subsection 5, Code 2015, is
16 12 amended to read as follows:
16 13 5. If a facility self=identifies a deficient practice prior
16 14 to an on=site visit inspection, there has been no complaint
16 15 filed with the department related to that specific deficient
16 16 practice, and the facility corrects such practice prior to
16 17 an inspection, no citation shall be issued or fine assessed
16 18 pursuant to subsection 2 or 3 except for those penalties
16 19 arising pursuant to section 135C.33; 481 IAC 57.12(2)(d), 481
16 20 IAC 57.12(3), 481 IAC 57.15(5), 481 IAC 57.25(1), 481 IAC
16 21 57.39, 481 IAC 58.11(3), 481 IAC 58.14(5), 481 IAC 58.19(2)(a),
16 22 481 IAC 58.19(2)(h), 481 IAC 58.28(1)(a), 481 IAC 58.43, 481
16 23 IAC 62.9(5), 481 IAC 62.15(1)(a), 481 IAC 62.19(2)(c), 481
16 24 IAC 62.19(7), 481 IAC 62.23(23)=(25), 481 IAC 63.11(2)(d),
16 25 481 IAC 63.11(3), 481 IAC 63.23(1)(a), 481 IAC 63.37, 481 IAC
16 26 64.4(9), 481 IAC 64.33, 481 IAC 64.34, 481 IAC 65.9(5), 481
16 27 IAC 65.15, or 481 IAC 65.25(3)=(5), or the successor to any of
16 28 such rules; or 42 C.F.R. {483.420(d), 483.460(c)(4) 42 C.F.R.
16 29 {483.460(c)(4), or 483.470(j) 42 C.F.R. {483.470(j), or the
16 30 successor to any of such federal regulations.
16 31 Sec. 26. Section 135L.3, subsection 2, Code 2015, is amended
16 32 to read as follows:
16 33 2. The licensed physician who will perform the abortion
16 34 shall provide notification in person or by mailing the
16 35 notification by restricted certified mail to a parent of the
17 1 pregnant minor at the usual place of abode of the parent. For
17 2 the purpose of delivery by restricted certified mail, the time
17 3 of delivery is deemed to occur at twelve o'clock 12:00 noon
17 4 on the next day on which regular mail delivery takes place,
17 5 subsequent to the mailing.
17 6 Sec. 27. Section 161A.3, subsection 12, Code 2015, is
17 7 amended to read as follows:
17 8 12. "Petition" means a petition filed under the provisions
17 9 of subsection 1 of section 161A.5, subsection 1, for the
17 10 creation of a district.
17 11 Sec. 28. Section 163.11, Code 2015, is amended to read as
17 12 follows:
17 13 163.11 Imported animals.
17 14 1. A person shall not move an animal into this state,
17 15 except to a public livestock market where federal inspection of
17 16 livestock is maintained, for work, breeding, or dairy purposes,
17 17 unless such animal has been examined and found free from all
17 18 infectious or contagious diseases.
17 19 2. No A person shall not bring in any manner into this
17 20 state any cattle for dairy or breeding purposes unless such
17 21 cattle have been tested within thirty days prior to date of
17 22 importation by the agglutination test for contagious abortion
17 23 or abortion disease, and shown to be free from such disease.
17 24 3. Animals for feeding purposes, however, may be brought
17 25 into the state without inspection, under such regulations
17 26 as the department may prescribe except that this sentence
17 27 subsection shall not apply to swine.
17 28 Sec. 29. Section 185C.26, Code 2015, is amended to read as
17 29 follows:
17 30 185C.26 Deposit of moneys ==== corn promotion fund.
17 31 A state assessment collected by the board from a sale of corn
17 32 shall be deposited in the office of the treasurer of state in
17 33 a special fund known as the corn promotion fund. The fund may
17 34 include any gifts, rents, royalties, interest, license fees,
17 35 or a federal or state grant received by the board. Moneys
18 1 collected, deposited in the fund, and transferred to the board
18 2 as provided in this chapter shall be subject to audit by the
18 3 auditor of state. The auditor of state may seek reimbursement
18 4 for the cost of the audit from moneys deposited in the fund as
18 5 provided in this chapter. The department of administrative
18 6 services shall transfer moneys from the fund to the board
18 7 for deposit into an account established by the board in a
18 8 qualified financial institution. The department shall transfer
18 9 the moneys as provided in a resolution adopted by the board.
18 10 However, the department is only required to transfer moneys
18 11 once during each day and only during hours when the offices of
18 12 the state are open. From moneys collected, the board shall
18 13 first pay all the direct and indirect costs incurred by the
18 14 secretary and the costs of referendums, elections, and other
18 15 expenses incurred in the administration of this chapter, before
18 16 moneys may be expended for the purpose of carrying to carry out
18 17 the purposes of this chapter as provided in section 185C.11.
18 18 Sec. 30. Section 190.11, Code 2015, is amended to read as
18 19 follows:
18 20 190.11 Artificial sweetening ==== labeling.
18 21 Where any approved artificial sweetening product such as
18 22 saccharin or sulfamate is used by any person in the manufacture
18 23 or sale of any article of food intended for human consumption,
18 24 the container in which any such food or beverage is sold or
18 25 offered for sale to the public shall be clearly, legibly and
18 26 noticeably labeled with the name of the sweetening product
18 27 used. The portion of the store, display counter, shelving,
18 28 or other place where such food or beverage is displayed or
18 29 offered for sale, shall be clearly and plainly identified by an
18 30 appropriate sign reading:
18 31 "FOR FOR DIETARY PURPOSES" PURPOSES.
18 32 Sec. 31. Section 206.2, subsection 13, Code 2015, is amended
18 33 to read as follows:
18 34 13. "Hazard" means a probability that a given pesticide
18 35 will have an adverse effect on man humans or the environment
19 1 in a given situation, the relative likelihood of danger or ill
19 2 effect being dependent on a number of interrelated factors
19 3 present at any given time.
19 4 Sec. 32. Section 207.4, subsection 3, Code 2015, is amended
19 5 to read as follows:
19 6 3. A permit terminates if the permittee has not commenced
19 7 the coal mining operations covered by the permit within three
19 8 years of its issuance of the permit. However, the division
19 9 may grant reasonable extensions of time upon a showing that
19 10 the extensions are necessary because of litigation precluding
19 11 the commencement or threatening substantial economic loss to
19 12 the permittee or because of conditions beyond the control and
19 13 without the fault or negligence of the permittee. If a coal
19 14 lease is issued under the federal Mineral Leasing Act, as
19 15 amended, extensions of time may not extend beyond the period
19 16 allowed for diligent development in accordance with section 7
19 17 of that Act. If coal is to be mined for use in a synthetic fuel
19 18 facility or specific major electric generating facility, the
19 19 permittee is deemed to have commenced mining operations when
19 20 the construction of the synthetic fuel or generating facility
19 21 is initiated.
19 22 Sec. 33. Section 225C.47, subsection 3, unnumbered
19 23 paragraph 1, Code 2015, is amended to read as follows:
19 24 Eligibility for the comprehensive family support program is
19 25 limited to families who meet all of the following conditions:
19 26 Sec. 34. Section 232.119, subsection 3, Code 2015, is
19 27 amended to read as follows:
19 28 3. To register a child on the Iowa exchange, the department
19 29 adoption worker or the private agency worker shall register the
19 30 pertinent information concerning the child on the exchange. A
19 31 photo photograph of the child and other necessary information
19 32 shall be forwarded to the department to be included in the
19 33 photo=listing book which shall be updated regularly. The
19 34 department adoption worker or the private agency worker who
19 35 places a child on the exchange shall update the registration
20 1 information within ten working days after a change in the
20 2 information occurs.
20 3 Sec. 35. Section 235A.17, subsection 3, Code 2015, is
20 4 amended to read as follows:
20 5 3. a. For the purposes of this subsection, "subject of
20 6 a child abuse report" means any individual listed in section
20 7 235A.15, subsection 2, paragraph "a", other than the attorney or
20 8 guardian ad litem of such individual.
20 9 b. An individual who is the subject of a child abuse
20 10 report may redisseminate to the governor or the governor's
20 11 designee or to a member of the general assembly or an employee
20 12 of the general assembly designated by the member, child
20 13 abuse information that was disseminated to the individual by
20 14 the department or other official source. The child abuse
20 15 information may also include the following related information
20 16 that the individual is allowed under law to possess:
20 17 department
20 18 (1) Department of human services information described in
20 19 section 217.30, subsection 1; mental.
20 20 (2) Mental health information as defined in section 228.1;
20 21 and juvenile.
20 22 (3) Juvenile court social records and other information in
20 23 official juvenile court records described in section 232.147.
20 24 c. A person who receives confidential child abuse
20 25 information and related information redisseminated under this
20 26 subsection shall not further disseminate, communicate, or
20 27 attempt to communicate the information to a person who is not
20 28 authorized by this section or other provision of law to have
20 29 access to the information.
20 30 Sec. 36. Section 235B.19, subsection 7, Code 2015, is
20 31 amended to read as follows:
20 32 7. If the department cannot obtain an emergency order
20 33 under this section due to inaccessibility of the court, the
20 34 department may contact law enforcement to remove the dependent
20 35 adult to safer surroundings, authorize the provision of
21 1 medical treatment, and order the provision of or provide other
21 2 available services necessary to remove conditions creating the
21 3 immediate danger to the health or safety of the dependent adult
21 4 or which are producing irreparable harm to the physical or
21 5 financial resources or property of the dependent adult. The
21 6 department shall obtain an emergency order under this section
21 7 not later than four 4:00 p.m. on the first succeeding business
21 8 day after the date on which protective or other services are
21 9 provided. If the department does not obtain an emergency
21 10 order within the prescribed time period, the department shall
21 11 cease providing protective services and, if necessary, make
21 12 arrangements for the immediate return of the person to the
21 13 place from which the person was removed, to the person's place
21 14 of residence in the state, or to another suitable place.
21 15 A person, agency, or institution acting in good faith in
21 16 removing a dependent adult or in providing services under this
21 17 subsection, and an employer of or person under the direction
21 18 of such a person, agency, or institution, shall have immunity
21 19 from any liability, civil or criminal, that might otherwise be
21 20 incurred or imposed as the result of the removal or provision
21 21 of services.
21 22 Sec. 37. Section 235F.6, subsection 4, unnumbered paragraph
21 23 1, Code 2015, is amended to read as follows:
21 24 The court may approve a consent agreement between the
21 25 parties entered into to bring about the cessation of elder
21 26 abuse. A consent agreement approved under this section shall
21 27 not contain any of the following:
21 28 Sec. 38. Section 237.14, Code 2015, is amended to read as
21 29 follows:
21 30 237.14 Enhanced foster care services.
21 31 The department shall provide for enhanced foster
21 32 care services by establishing supplemental per diem or
21 33 performance=based contracts which that include payment of
21 34 costs relating to payments of principal and interest for bonds
21 35 and notes issued pursuant to section 16.57 with facilities
22 1 licensed under this chapter which provide special services to
22 2 children who would otherwise be placed in a state juvenile
22 3 institution or an out=of=state program. Before completion of
22 4 the department's budget estimate as required by section 8.23,
22 5 the department shall determine and include in the estimate the
22 6 amount which should be appropriated for enhanced foster care
22 7 services for the forthcoming fiscal year in order to provide
22 8 sufficient services.
22 9 Sec. 39. Section 260C.48, subsection 4, Code 2015, is
22 10 amended to read as follows:
22 11 4. Standards relating to quality assurance of faculty
22 12 and ongoing quality professional development shall be the
22 13 accreditation standards of the higher learning commission,
22 14 and the faculty standards required under specific programs
22 15 offered by the community college that are accredited by other
22 16 accrediting agencies.
22 17 Sec. 40. Section 261B.11B, Code 2015, is amended to read as
22 18 follows:
22 19 261B.11B Voluntary registration.
22 20 A school or other postsecondary educational institution
22 21 that is exempt under section 261B.11 may voluntarily register
22 22 under this chapter 261B in order to comply with chapter 261G
22 23 or for purposes of institutional eligibility under 34 C.F.R.
22 24 {600.9(a).
22 25 Sec. 41. Section 263.6, Code 2015, is amended to read as
22 26 follows:
22 27 263.6 Management.
22 28 The management and control of such the institute of child
22 29 behavior and development shall be vested in a director
22 30 appointed by the said board of regents and an advisory board
22 31 of seven members to be appointed by the president of the
22 32 university from the faculty of the graduate college of said the
22 33 university.
22 34 Sec. 42. Section 280.17, subsection 2, paragraph a, Code
22 35 2015, is amended to read as follows:
23 1 a. The board of directors of a school district and the
23 2 authorities in charge of an accredited nonpublic school shall
23 3 place on administrative leave a school employee who is the
23 4 subject of an investigation of an alleged incident of abuse of
23 5 a student conducted in accordance with 281 IAC ch. 102.
23 6 Sec. 43. Section 284.15, subsection 2, paragraph a,
23 7 subparagraph (1), Code 2015, is amended to read as follows:
23 8 (1) The salary for an initial teacher who has successfully
23 9 completed an approved practitioner preparation program as
23 10 defined in section 272.1 or holds an initial or intern teacher
23 11 license issued under chapter 272, and who participates in the
23 12 initial beginning teacher mentoring and induction program
23 13 as provided in this chapter, shall be at least thirty=three
23 14 thousand five hundred dollars, which shall also constitute the
23 15 minimum salary for an Iowa teacher.
23 16 Sec. 44. Section 284.15, subsection 2, paragraph b,
23 17 subparagraph (1), Code 2015, is amended to read as follows:
23 18 (1) Has successfully completed the initial beginning
23 19 teacher mentoring and induction program and has successfully
23 20 completed a comprehensive evaluation.
23 21 Sec. 45. Section 310.27, Code 2015, is amended to read as
23 22 follows:
23 23 310.27 Period of allocation ==== reversion ==== temporary
23 24 transfers.
23 25 1. The farm=to=market road fund allotted to any county as
23 26 provided in this chapter shall remain available for expenditure
23 27 in said county for three years after the close of the fiscal
23 28 year during which said sums respectively were allocated. Any
23 29 sum remaining unexpended at the end of the period during which
23 30 it is available for expenditure, shall be reapportioned among
23 31 all the counties as provided in section 312.5 for original
23 32 allocations.
23 33 2. For the purposes of this section, any sums of the
23 34 farm=to=market road fund allotted to any county shall be
23 35 presumed to have been "expended" when a contract has been
24 1 awarded obligating the sums. When projects and their estimated
24 2 costs, which are proposed to be funded from the farm=to=market
24 3 road fund, are submitted to the department for approval,
24 4 the department shall estimate the total funding necessary
24 5 and the period during which claims for the projects will be
24 6 filed. After anticipating the funding necessary for approved
24 7 projects, the department may temporarily allocate additional
24 8 moneys from the farm=to=market road fund for use in any other
24 9 farm=to=market projects. However, a county shall not be
24 10 temporarily allocated funds for projects in excess of the
24 11 county's anticipated farm=to=market road fund allocation for
24 12 the current fiscal year plus the four succeeding fiscal years.
24 13 3. If in the judgment of the department the anticipated
24 14 claims against the primary road fund for any month are in
24 15 excess of moneys available, a temporary transfer for highway
24 16 construction costs may be made from the farm=to=market road
24 17 fund to the primary road fund providing there will remain
24 18 in the transferring fund a sufficient balance to meet the
24 19 anticipated obligations. All transfers shall be repaid from
24 20 the primary road fund to the farm=to=market road fund within
24 21 sixty days from the date of the transfer. A transfer shall be
24 22 made only with the approval of the director of the department
24 23 of management and shall comply with the director of the
24 24 department of management's rules relating to the transfer of
24 25 funds. Similar transfers may be made by the department from
24 26 the primary road fund to the farm=to=market road fund and these
24 27 transfers shall be subject to the same terms and conditions
24 28 that transfers from the farm=to=market road fund to the primary
24 29 road fund are subject.
24 30 Sec. 46. Section 328.1, subsection 1, paragraph u, Code
24 31 2015, is amended to read as follows:
24 32 u. "Operation of aircraft" or "operate aircraft" means the
24 33 use of aircraft for the purpose of air navigation, and includes
24 34 the navigation or piloting of aircraft and shall embrace any
24 35 person who causes or authorizes the operation of aircraft,
25 1 whether with or without the right of legal control (in, in the
25 2 capacity of owner, lessee, or otherwise) otherwise.
25 3 Sec. 47. Section 358.22, Code 2015, is amended to read as
25 4 follows:
25 5 358.22 Special assessments and connection fees.
25 6 1. The board of trustees of a sanitary district may provide
25 7 for payment of all or any portion of the costs of acquiring,
25 8 locating, laying out, constructing, reconstructing, repairing,
25 9 changing, enlarging, or extending conduits, ditches, channels,
25 10 outlets, drains, sewers, laterals, treatment plants, pumping
25 11 plants, and other necessary adjuncts thereto, by assessing all,
25 12 or any portion of the costs, on adjacent property according to
25 13 the benefits derived. For the purposes of this chapter, the
25 14 board of trustees may define "adjacent property" as all that
25 15 included within a designated benefited district or districts
25 16 to be fixed by the board, which may be all of the property
25 17 located within the sanitary district or any lesser portion
25 18 of that property. It is not a valid objection to a special
25 19 assessment that the improvement for which the assessment is
25 20 levied is outside the limits of the sanitary district, but a
25 21 special assessment shall not be made upon property situated
25 22 outside of the sanitary district. Special assessments pursuant
25 23 to this section shall be in proportion to the special benefits
25 24 conferred upon the property, and not in excess of the benefits,
25 25 and an assessment shall not exceed twenty=five percent of
25 26 the value of the property at the time of levy. The value of
25 27 a property is the present fair market value of the property
25 28 with the proposed public improvements completed. Payment of
25 29 installments of a special assessment against property used and
25 30 assessed as agricultural property shall be deferred upon the
25 31 filing of a request by the owner in the same manner and under
25 32 the same procedures as provided in chapter 384 for special
25 33 assessments by cities.
25 34 2. The assessments may be made to extend over a period not
25 35 to exceed fifteen years, payable in as nearly equal annual
26 1 installments as practicable. A majority vote of the board of
26 2 trustees is requisite and sufficient for any action required by
26 3 the board of trustees under this section.
26 4 3. Subject to the limitations otherwise stated in this
26 5 section, a sanitary district organized under this chapter has
26 6 all of the powers to specially assess the costs of improvements
26 7 described in this section, including the power to issue special
26 8 assessment bonds, warrants, project notes, or other forms of
26 9 interim financing obligations, which cities have under the laws
26 10 of this state.
26 11 4. Subject to the limitations otherwise stated in this
26 12 section, the board of trustees may establish one or more
26 13 benefited districts and schedules of fees for the connection
26 14 of property to the sanitary sewer facilities of a sanitary
26 15 district. Each person whose property will be connected to the
26 16 sanitary sewer facilities of a sanitary district shall pay a
26 17 connection fee to the sanitary district, which may include
26 18 the equitable cost of extending sanitary sewer service to
26 19 the benefited district and reasonable interest from the date
26 20 of construction to the date of payment. In establishing
26 21 the benefited districts and establishing and implementing
26 22 the schedules of fees, the board of trustees shall act in
26 23 accordance with the powers granted to a city in section 384.38,
26 24 subsection 3, and the procedures in that subsection. However,
26 25 all fees collected under this paragraph subsection shall be
26 26 paid to the sanitary district and the moneys collected as
26 27 fees shall be used only by the sanitary district to finance
26 28 improvements or extensions to its sanitary sewer facilities,
26 29 to reimburse the sanitary district for funds disbursed by
26 30 its board of trustees to finance improvements or extensions
26 31 to its sanitary sewer facilities, or to pay debt service on
26 32 obligations issued to finance improvements or extensions to
26 33 its sanitary sewer facilities. This paragraph subsection does
26 34 not apply when a sanitary district annexation plan or petition
26 35 includes annexation of an area adjoining the district or a
27 1 petition has not been presented for a sewer connection. Until
27 2 the annexation becomes effective or the annexation plan or
27 3 petition is abandoned, the state mandate contained in section
27 4 455B.172, subsections 3, 4, and 5, shall not apply unless
27 5 the property owner requests to be connected to the sanitary
27 6 district's sewer facilities and voluntarily pays the connection
27 7 fee.
27 8 Sec. 48. Section 403.6, subsection 1, Code 2015, is amended
27 9 to read as follows:
27 10 1. To undertake and carry out urban renewal projects within
27 11 its area of operation; and to make and execute contracts and
27 12 other instruments necessary or convenient to the exercise
27 13 of its powers under this chapter; and to disseminate slum
27 14 clearance and urban renewal information.
27 15 Sec. 49. Section 403A.3, subsections 2, 3, 4, and 7, Code
27 16 2015, are amended to read as follows:
27 17 2. To undertake and carry out studies and analyses of the
27 18 housing needs and of the meeting of such needs (including,
27 19 including data with respect to population and family groups
27 20 and the distribution thereof according to income groups, the
27 21 amount and quality of available housing and its distribution
27 22 according to rentals and sales prices, employment, wages and
27 23 other factors affecting the local housing needs and the meeting
27 24 thereof) thereof, and to make the results of such studies and
27 25 analyses available to the public and the building, housing, and
27 26 supply industries; and to engage in research and disseminate
27 27 information on housing and slum clearance.
27 28 3. To arrange or contract for the furnishing by any person
27 29 or agency, public or private, of services, privileges, works
27 30 or facilities for, or in connection with, a housing project or
27 31 the occupants thereof; and (notwithstanding, notwithstanding
27 32 anything to the contrary contained in this chapter or in
27 33 any other provision of law) law, to agree to any conditions
27 34 attached to federal financial assistance relating to the
27 35 determination of prevailing salaries or wages or payment of
28 1 not less than prevailing salaries or wages or compliance with
28 2 labor standards, in the development or administration of
28 3 projects, and to include in any contract let in connection
28 4 with a project, stipulations requiring that the contractor
28 5 and any subcontractor comply with requirements as to minimum
28 6 salaries or wages and maximum hours of labor, and comply with
28 7 any conditions which the federal government may have attached
28 8 to its financial aid of the project.
28 9 4. To lease or rent any dwellings, accommodations, lands,
28 10 buildings, structures or facilities embraced in any project
28 11 and (subject, subject to the limitations contained in this
28 12 chapter with respect to the rental of dwellings in housing
28 13 projects) projects, to establish and revise the rents or
28 14 charges therefor; to own, hold and improve real or personal
28 15 property; to purchase, lease, obtain options upon, acquire by
28 16 gift, grant, bequest, devise or otherwise any real or personal
28 17 property or any interest therein; to acquire by the exercise
28 18 of the power of eminent domain any real property subject to
28 19 section 403A.20; to sell, lease, exchange, transfer, assign,
28 20 pledge or dispose of any real or personal property or any
28 21 interest therein; to insure or provide for the insurance, in
28 22 any stock or mutual company of any real or personal property or
28 23 operations of the municipality against any risks or hazards;
28 24 to procure or agree to the procurement of federal or state
28 25 government insurance or guarantees of the payment of any bonds
28 26 or parts thereof issued by a municipality, including the power
28 27 to pay premiums on any such insurance.
28 28 7. To conduct examinations and investigations and to hear
28 29 testimony and take proof under oath at public or private
28 30 hearings on any matter material for its information; to
28 31 administer oaths, issue subpoenas requiring the attendance of
28 32 witnesses or the production of books and papers and to issue
28 33 commissions for the examination of witnesses who are outside of
28 34 the state or unable to attend or excused from attendance; to
28 35 make available to appropriate agencies (including, including
29 1 those charged with the duty of abating or requiring the
29 2 correction of nuisances or like conditions or of demolishing
29 3 unsafe or insanitary structures within its area of operation)
29 4 operation, its findings and recommendations with regard to any
29 5 building or property where conditions exist which are dangerous
29 6 to the public health, morals, safety or welfare.
29 7 Sec. 50. Section 422.12, subsection 1, paragraph b, Code
29 8 2015, is amended to read as follows:
29 9 b. "Emergency medical services personnel" personnel member"
29 10 means an emergency medical care provider, as defined in section
29 11 147A.1, who is certified as a first responder pursuant to
29 12 chapter 147A.
29 13 Sec. 51. Section 422.12, subsection 2, paragraph c, Code
29 14 2015, is amended to read as follows:
29 15 c. (1) A volunteer fire fighter and volunteer emergency
29 16 medical services personnel member credit equal to one hundred
29 17 dollars to compensate the taxpayer for the voluntary services
29 18 if the volunteer served for the entire tax year. A taxpayer
29 19 who is a paid employee of an emergency medical services program
29 20 or a fire department and who is also a volunteer emergency
29 21 medical services personnel member or volunteer fire fighter in
29 22 a city, county, or area governed by an agreement pursuant to
29 23 chapter 28E where the emergency medical services program or
29 24 fire department performs services, shall qualify for the credit
29 25 provided under this paragraph "c".
29 26 (2) If the taxpayer is not a volunteer fire fighter or
29 27 volunteer emergency medical services personnel member for
29 28 the entire tax year, the maximum amount of the credit shall
29 29 be prorated and the amount of credit for the taxpayer shall
29 30 equal the maximum amount of credit for the tax year, divided by
29 31 twelve, multiplied by the number of months in the tax year the
29 32 taxpayer was a volunteer. The credit shall be rounded to the
29 33 nearest dollar. If the taxpayer is a volunteer during any part
29 34 of a month, the taxpayer shall be considered a volunteer for
29 35 the entire month. If the taxpayer is a volunteer fire fighter
30 1 and a volunteer emergency medical services personnel member
30 2 during the same month, a credit may be claimed for only one
30 3 volunteer position for that month.
30 4 (2) (3) The taxpayer is required to have a written
30 5 statement from the fire chief or other appropriate supervisor
30 6 verifying that the taxpayer was a volunteer fire fighter or
30 7 volunteer emergency medical services personnel member for the
30 8 months for which the credit under this paragraph "c" is claimed.
30 9 Sec. 52. Section 422.12, subsection 2, paragraph d,
30 10 subparagraphs (3) and (4), Code 2015, are amended to read as
30 11 follows:
30 12 (3) If the taxpayer is a reserve peace officer during
30 13 the same month as the taxpayer is a volunteer fire fighter
30 14 or volunteer emergency medical services personnel member, as
30 15 defined in this section, a credit may be claimed for only one
30 16 position for that month under either paragraph "c" or this
30 17 paragraph or paragraph "c" "d".
30 18 (4) The taxpayer is required to have a written statement
30 19 from the chief of police, sheriff, commissioner of public
30 20 safety, or other appropriate supervisor verifying that the
30 21 taxpayer was a reserve peace officer for the months for which
30 22 the credit under this paragraph "d" is claimed.
30 23 Sec. 53. Section 422.17, Code 2015, is amended to read as
30 24 follows:
30 25 422.17 Certificate issued by department to make payments
30 26 without withholding.
30 27 Any nonresident whose Iowa income is not subject to section
30 28 422.16, subsection 1, in whole or in part, and who elects to
30 29 be governed by section 422.16, subsection 12, of that section
30 30 to the extent that the nonresident pays the entire amount of
30 31 tax properly estimated on or before the last day of the fourth
30 32 month of the nonresident's tax year, for the year, may for the
30 33 year of the election and payment, be granted a certificate from
30 34 the department authorizing each withholding agent, the income
30 35 from whom the nonresident has considered in the payment of
31 1 estimated tax and to the extent the income is included in the
31 2 estimate, to make payments of income to the nonresident without
31 3 withholding tax from those payments. Withholding agents, if
31 4 payments exceed the tax liability estimated by the nonresident
31 5 as indicated upon the certificate, shall withhold tax in
31 6 accordance with subsection 12 of section 422.16, subsection 12.
31 7 Sec. 54. Section 423.1, subsection 43, Code 2015, is amended
31 8 to read as follows:
31 9 43. a. "Receive" and "receipt" mean any of the following:
31 10 a. (1) Taking possession of tangible personal property.
31 11 b. (2) Making first use of a service.
31 12 c. (3) Taking possession or making first use of digital
31 13 goods, whichever comes first.
31 14 b. "Receive" and "receipt" do not include possession by a
31 15 shipping company on behalf of a purchaser.
31 16 Sec. 55. Section 423.29, Code 2015, is amended to read as
31 17 follows:
31 18 423.29 Collections by sellers.
31 19 1. Every seller who is a retailer and who is making taxable
31 20 sales of tangible personal property in Iowa shall, at the time
31 21 of selling the property, collect the sales tax. Every seller
31 22 who is a retailer maintaining a place of business in this state
31 23 and selling tangible personal property for use in Iowa shall,
31 24 at the time of making the sale, whether within or without the
31 25 state, collect the use tax. Sellers required to collect sales
31 26 or use tax shall give to any purchaser a receipt for the tax
31 27 collected in the manner and form prescribed by the director.
31 28 2. Every seller who is a retailer furnishing taxable
31 29 services in Iowa and every seller who is a retailer maintaining
31 30 a place of business in this state and furnishing taxable
31 31 services in Iowa or services outside Iowa if the product or
31 32 result of the service is used in Iowa shall be subject to the
31 33 provisions of the preceding paragraph subsection 1.
31 34 Sec. 56. Section 423.32, subsection 1, Code 2015, is amended
31 35 to read as follows:
32 1 1. a. A retailer maintaining a place of business in this
32 2 state who is required to collect or a user who is required to
32 3 pay the use tax or a foreign retailer authorized, pursuant to
32 4 section 423.30, to collect the use tax, shall remit to the
32 5 department the amount of tax on or before the last day of the
32 6 month following each calendar quarterly period. However, a
32 7 retailer who collects or owes more than fifteen hundred dollars
32 8 in use taxes in a month shall deposit with the department or in
32 9 a depository authorized by law and designated by the director,
32 10 the amount collected or owed, with a deposit form for the month
32 11 as prescribed by the director.
32 12 a. b. The deposit form is due on or before the twentieth
32 13 day of the month following the month of collection, except a
32 14 deposit is not required for the third month of the calendar
32 15 quarter, and the total quarterly amount, less the amounts
32 16 deposited for the first two months of the quarter, is due with
32 17 the quarterly report on the last day of the month following
32 18 the month of collection. At that time, the retailer shall
32 19 file with the department a return for the preceding quarterly
32 20 period in the form prescribed by the director showing the
32 21 purchase price of the tangible personal property sold by the
32 22 retailer during the preceding quarterly period, the use of
32 23 which is subject to the use tax imposed by this chapter, and
32 24 other information the director deems necessary for the proper
32 25 administration of the use tax.
32 26 b. c. The return shall be accompanied by a remittance
32 27 of the use tax for the period covered by the return. If
32 28 necessary in order to ensure payment to the state of the tax,
32 29 the director may in any or all cases require returns and
32 30 payments to be made for other than quarterly periods. The
32 31 director, upon request and a proper showing of necessity,
32 32 may grant an extension of time not to exceed thirty days for
32 33 making any return and payment. Returns shall be signed, in
32 34 accordance with forms and rules prescribed by the director, by
32 35 the retailer or the retailer's authorized agent, and shall be
33 1 certified by the retailer or agent to be correct.
33 2 Sec. 57. Section 423D.4, Code 2015, is amended to read as
33 3 follows:
33 4 423D.4 Administration by director.
33 5 1. The director of revenue shall administer the excise
33 6 tax on the sale and use of equipment as nearly as possible in
33 7 conjunction with the administration of the state sales and use
33 8 tax law, except that portion of the law which implements the
33 9 streamlined sales and use tax agreement. The director shall
33 10 provide appropriate forms, or provide on the regular state
33 11 tax forms, for reporting the sale and use of equipment excise
33 12 tax liability. All moneys received and all refunds shall be
33 13 deposited in or withdrawn from the general fund of the state.
33 14 2. The director may require all persons who are engaged
33 15 in the business of deriving any sales price or purchase
33 16 price subject to tax under this chapter to register with
33 17 the department. The director may also require a tax permit
33 18 applicable only to this chapter for any retailer not
33 19 collecting, or any user not paying, taxes under chapter 423.
33 20 3. Section 422.25, subsection 4, sections 422.30, 422.67,
33 21 and 422.68, section 422.69, subsection 1, sections 422.70,
33 22 422.71, 422.72, 422.74, and 422.75, section 423.14, subsection
33 23 1, and sections 423.23, 423.24, 423.25, 423.31 through
33 24 423.35, 423.37 through 423.42, and 423.47, consistent with
33 25 the provisions of this chapter, apply with respect to the tax
33 26 authorized under this chapter, in the same manner and with the
33 27 same effect as if the excise taxes on equipment sales or use
33 28 were retail sales taxes within the meaning of those statutes.
33 29 Notwithstanding this paragraph subsection, the director shall
33 30 provide for quarterly filing of returns and for other than
33 31 quarterly filing of returns both as prescribed in section
33 32 423.31. All taxes collected under this chapter by a retailer
33 33 or any user are deemed to be held in trust for the state of
33 34 Iowa.
33 35 Sec. 58. Section 427.1, subsection 22, paragraph a, Code
34 1 2015, is amended to read as follows:
34 2 a. Application for this exemption shall be filed with the
34 3 commissioners of the soil and water conservation district
34 4 in which the property is located, not later than February 1
34 5 of the assessment year, on forms provided by the department
34 6 of revenue. The application shall describe and locate the
34 7 property to be exempted and have attached to it an aerial photo
34 8 photograph of that property on which is outlined the boundaries
34 9 of the property to be exempted. In the case of an open prairie
34 10 that has been restored or reestablished, the property shall
34 11 be inspected and certified as provided by the county board
34 12 of supervisors as having adequate ground cover consisting of
34 13 native species and that all primary and secondary noxious weeds
34 14 present are being controlled to prevent the spread of seeds by
34 15 either wind or water. In the case of an open prairie which
34 16 is or includes a gully area susceptible to severe erosion, an
34 17 approved erosion control plan must accompany the application.
34 18 Sec. 59. Section 452A.65, Code 2015, is amended to read as
34 19 follows:
34 20 452A.65 Failure to promptly pay fuel taxes ==== refunds ====
34 21 interest and penalties ==== successor liability.
34 22 1. In addition to the tax or additional tax, the taxpayer
34 23 shall pay a penalty as provided in section 421.27. The
34 24 taxpayer shall also pay interest on the tax or additional
34 25 tax at the rate in effect under section 421.7 counting each
34 26 fraction of a month as an entire month, computed from the date
34 27 the return was required to be filed. If the amount of the tax
34 28 as determined by the appropriate state agency is less than the
34 29 amount paid, the excess shall be refunded with interest, the
34 30 interest to begin to accrue on the first day of the second
34 31 calendar month following the date of payment or the date the
34 32 return was due to be filed or was filed, whichever is the
34 33 latest, at the rate in effect under section 421.7 counting
34 34 each fraction of a month as an entire month under the rules
34 35 prescribed by the appropriate state agency. Claims for
35 1 refund filed under sections 452A.17 and 452A.21 shall accrue
35 2 interest beginning with the first day of the second calendar
35 3 month following the date the refund claim is received by the
35 4 department.
35 5 2. A report required of licensees or persons operating under
35 6 division III, upon which no tax is due, is subject to a penalty
35 7 of ten dollars if the report is not timely filed with the state
35 8 department of transportation.
35 9 3. If a licensee or other person sells the licensee's
35 10 or other person's business or stock of goods or quits the
35 11 business, the licensee or other person shall prepare a final
35 12 return and pay all tax due within the time required by law.
35 13 The immediate successor to the licensee or other person, if
35 14 any, shall withhold sufficient of the purchase price, in
35 15 money or money's worth, to pay the amount of any delinquent
35 16 tax, interest or penalty due and unpaid. If the immediate
35 17 successor of the business or stock of goods intentionally
35 18 fails to withhold any amount due from the purchase price as
35 19 provided in this paragraph subsection, the immediate successor
35 20 is personally liable for the payment of the taxes, interest
35 21 and penalty accrued and unpaid on account of the operation of
35 22 the business by the immediate former licensee or other person,
35 23 except when the purchase is made in good faith as provided
35 24 in section 421.28. However, a person foreclosing on a valid
35 25 security interest or retaking possession of premises under a
35 26 valid lease is not an "immediate successor" for purposes of this
35 27 paragraph subsection. The department may waive the liability
35 28 of the immediate successor under this paragraph subsection if
35 29 the immediate successor exercised good faith in establishing
35 30 the amount of the previous liability.
35 31 Sec. 60. Section 455D.16, subsection 4, paragraph a,
35 32 subparagraph (4), Code 2015, is amended to read as follows:
35 33 (4) That collection points will be established to serve
35 34 homeowners. The collection points shall include but are not
35 35 limited to regional collection centers permitted under 567 IAC
36 1 ch. 123. Collection points may include but are not limited to
36 2 thermostat retailers.
36 3 Sec. 61. Section 476.53, subsection 3, paragraph a,
36 4 subparagraph (1), Code 2015, is amended to read as follows:
36 5 (1) (a) Files an application pursuant to section 476A.3 to
36 6 construct in Iowa a baseload electric power generating facility
36 7 with a nameplate generating capacity equal to or greater
36 8 than three hundred megawatts or a combined=cycle electric
36 9 power generating facility, or an alternate energy production
36 10 facility as defined in section 476.42, or to significantly
36 11 alter an existing generating facility. For purposes of
36 12 this subparagraph, a significant alteration of an existing
36 13 generating facility must, in order to qualify for establishment
36 14 of ratemaking principles, fall into one of the following
36 15 categories:
36 16 (a) (i) Conversion of a coal fueled facility into a gas
36 17 fueled facility.
36 18 (b) (ii) Addition of carbon capture and storage facilities
36 19 at a coal fueled facility.
36 20 (c) (iii) Addition of gas fueled capability to a coal
36 21 fueled facility, in order to convert the facility to one that
36 22 will rely primarily on gas for future generation.
36 23 (d) (iv) Addition of a biomass fueled capability to a coal
36 24 fueled facility.
36 25 (b) With respect to a significant alteration of an
36 26 existing generating facility, an original facility shall
36 27 not be required to be either a baseload or a combined=cycle
36 28 facility. Only the incremental investment undertaken by a
36 29 utility under subparagraph divisions (a) subdivision (i), (b)
36 30 (ii), (c) (iii), or (d) (iv) shall be eligible to apply the
36 31 ratemaking principles established by the order issued pursuant
36 32 to paragraph "e". Facilities for which advanced ratemaking
36 33 principles are obtained pursuant to this section shall not
36 34 be subject to a subsequent board review pursuant to section
36 35 476.6, subsection 20, to the extent that the investment has
37 1 been considered by the board under this section. To the
37 2 extent an eligible utility has been authorized to make capital
37 3 investments subject to section 476.6, subsection 20, such
37 4 investments shall not be eligible for ratemaking principles
37 5 pursuant to this section.
37 6 Sec. 62. Section 480.1, subsection 4, Code 2015, is amended
37 7 to read as follows:
37 8 4. a. "Excavation" means an operation in which a structure
37 9 or earth, rock, or other material in or on the ground is moved,
37 10 removed, or compressed, or otherwise displaced by means of any
37 11 tools, equipment, or explosives and includes but is not limited
37 12 to grading, trenching, tiling, digging, ditching, drilling,
37 13 augering, tunneling, scraping, cable or pipe plowing, driving,
37 14 and demolition of structures.
37 15 b. "Excavation" does not include normal farming operations,
37 16 residential, commercial, or similar gardening, the opening of a
37 17 grave site in a cemetery, normal activities involved in land
37 18 surveying pursuant to chapter 542B, operations in a solid waste
37 19 disposal site which has planned for underground facilities,
37 20 the replacement of an existing traffic sign at its current
37 21 location and at no more than its current depth, and normal road
37 22 or highway maintenance which does not change the original grade
37 23 of the roadway or the ditch.
37 24 Sec. 63. Section 491.3, subsection 6, Code 2015, is amended
37 25 to read as follows:
37 26 6. To make contracts, acquire and transfer property ====
37 27 possessing property, possessing the same powers in such
37 28 respects as natural persons.
37 29 Sec. 64. Section 491.20, Code 2015, is amended to read as
37 30 follows:
37 31 491.20 Amendments ==== fees.
37 32 1. Amendments to articles of incorporation making changes
37 33 in any of the provisions of the articles may be made at any
37 34 annual meeting of the stockholders or special meeting called
37 35 for that purpose, and they shall be valid only when approved by
38 1 the shareholders and filed with the secretary of state. If no
38 2 increase is made in the amount of capital stock, a certificate
38 3 fee of one dollar and a recording fee of fifty cents per page
38 4 must be paid. Where capital stock is increased the certificate
38 5 fee shall be omitted but there shall be paid a recording fee
38 6 of fifty cents per page and in addition a filing fee which
38 7 in case of corporations existing for a period of years shall
38 8 be one dollar per thousand of such increase and in case of
38 9 corporations empowered to exist perpetually shall be one dollar
38 10 and ten cents per thousand of such increase. Corporations
38 11 providing for perpetual existence by amendment to its articles
38 12 shall, at the time of filing such amendment, pay to the
38 13 secretary of state a fee of one hundred dollars together with a
38 14 recording fee of fifty cents per page, and, for all authorized
38 15 capital stock in excess of ten thousand dollars, an additional
38 16 fee of one dollar ten cents per thousand.
38 17 2. a. Its articles of incorporation to the contrary
38 18 notwithstanding, if three=fourths of the voting stock of any
38 19 corporation organized under the provisions of this chapter,
38 20 with assets of the value of one million dollars or more, is
38 21 owned by individuals owning not more than one share each of
38 22 the voting stock thereof, said articles may be amended at any
38 23 regular or special meeting of stockholders, when a notice in
38 24 writing of the substance of the proposed amendment has been
38 25 mailed by ordinary mail to each voting stockholder of such
38 26 corporation not more than ninety nor less than sixty days prior
38 27 to said meeting, by the affirmative vote of two=thirds of the
38 28 voting stock represented at said meeting when said amendment is
38 29 approved by the affirmative vote of two=thirds of the members
38 30 of the board of directors at a meeting prior to the mailing of
38 31 said notice.
38 32 b. If such corporation is renewed under the provisions of
38 33 section 491.25, the voting stock of dissenting stockholders or
38 34 any portion thereof may be purchased by the corporation at its
38 35 option as provided in said section 491.25.
39 1 Sec. 65. Section 491.25, Code 2015, is amended to read as
39 2 follows:
39 3 491.25 Renewal ==== conditions.
39 4 1. Corporations existing for a period of years may be
39 5 renewed from time to time for the same or shorter periods, or
39 6 may be renewed to exist perpetually, upon compliance with the
39 7 provisions of this section and other applicable statutes.
39 8 2. The right of renewal is vested in the stockholders and
39 9 shall be exercised by a resolution thereof adopted at any
39 10 regular meeting or at any special meeting called for that
39 11 purpose. Such resolution must be adopted by a majority of all
39 12 the votes cast at such meeting, or by such other vote as is
39 13 authorized or required in the company's existing articles of
39 14 incorporation.
39 15 3. If the renewal instrument in proper form and the
39 16 necessary fees are tendered to the secretary of state for
39 17 filing three months or less either prior or subsequent to the
39 18 corporation's expiration date, such the renewal shall take
39 19 effect immediately upon the expiration of the corporation's
39 20 previous period of existence, and in such case, the corporate
39 21 existence shall be considered as having been extended without
39 22 interruption. If the renewal is filed more than three months
39 23 before or after the expiration date, such the renewal shall
39 24 take effect upon the date such renewal with necessary fees is
39 25 accepted and filed by the secretary of state; and in cases
39 26 where filed more than three months after the expiration date,
39 27 shall not be in legal effect a renewal unless the procedure
39 28 provided for and the additional fees provided for in section
39 29 491.28 are fully complied with and paid.
39 30 4. In all cases of renewal, those stockholders voting for
39 31 such renewal must purchase at its real value the stock voted
39 32 against such the renewal, and shall have three years from the
39 33 date such action for renewal was taken in which to purchase
39 34 and pay for the stock voting against such the renewal, which
39 35 purchase price shall bear interest at the rate of five percent
40 1 per annum from the date of such the renewal action until paid.
40 2 Sec. 66. Section 499.9, Code 2015, is amended to read as
40 3 follows:
40 4 499.9 Penalties ==== performance ==== injunction ==== arbitration.
40 5 1. a. Contracts permitted by section 499.8 may provide
40 6 that the member pay the association any sum, fixed in amount
40 7 or by a specified method of computation, for each violation
40 8 thereof; also all the association's expenses of any suit
40 9 thereon, including bond premiums and attorney's fees. All
40 10 such provisions shall be enforced as written, whether at law
40 11 or in equity, and shall be deemed proper measurement of actual
40 12 damages, and not penalties or forfeitures.
40 13 b. The association may obtain specific performance of any
40 14 such contract, or enjoin its threatened or continued breach,
40 15 despite the adequacy of any legal or other remedy.
40 16 c. If the association files a verified petition, showing an
40 17 actual or threatened breach of any such contract and seeking
40 18 any remedy therefor, the court shall, without notice or
40 19 delay but on such bond as it deems proper, issue a temporary
40 20 injunction against such breach or its continuance.
40 21 2. The parties to such contracts may agree to arbitrate
40 22 any controversy subsequently arising thereunder, and fix the
40 23 number of arbitrators and method of their appointment. Such
40 24 agreements shall be valid and irrevocable, except on such
40 25 grounds as invalidate contracts generally. If they specify no
40 26 method for appointing arbitrators, or if either party fails
40 27 to follow such method, or if for any reason arbitrators are
40 28 not named or vacancies filled, either party may apply to the
40 29 district court to designate the necessary arbitrator, who shall
40 30 then act under the agreement with the same authority as if
40 31 named in it. Unless otherwise agreed, there shall be but one
40 32 arbitrator.
40 33 Sec. 67. Section 499B.7, subsection 2, Code 2015, is amended
40 34 to read as follows:
40 35 2. Any conveyance, encumbrance, lien, alienation, or
41 1 devise of an apartment under a horizontal property regime by
41 2 any instrument which describes the land and apartment as set
41 3 forth in section 499B.4, shall also convey, encumber, alienate,
41 4 devise, or be a lien upon the fractional or percentage
41 5 interest appurtenant to each such apartment under section
41 6 499B.4, subsection 6, to the general common elements, and the
41 7 respective share or percentage interest to limited common
41 8 elements where applicable, whether such general common elements
41 9 or limited common elements are described as in section 499B.4,
41 10 subsections 4 and 5, by general reference only, or not at all.
41 11 Sec. 68. Section 499B.15, subsections 3 and 4, Code 2015,
41 12 are amended to read as follows:
41 13 3. Method of calling or summoning the co=owners to assemble;
41 14 what percentage, if other than a majority of apartment owners,
41 15 shall constitute a quorum; who is to preside over the meeting;
41 16 and who will keep the minute book wherein the resolutions shall
41 17 be recorded.
41 18 4. Maintenance, repair, and replacement of the common areas
41 19 and facilities and payments therefor including the method of
41 20 approving payment vouchers.
41 21 Sec. 69. Section 507B.5, subsection 1, paragraph c, Code
41 22 2015, is amended to read as follows:
41 23 c. Require directly or indirectly that any borrower,
41 24 mortgagor, purchaser, insurer, broker, or agent pay a separate
41 25 charge, in connection with the handling of any insurance
41 26 policy required as security for a loan on real estate, or pay
41 27 a separate charge to substitute the insurance policy of one
41 28 insurer for that of another.
41 29 Sec. 70. Section 507C.4, subsection 5, Code 2015, is amended
41 30 to read as follows:
41 31 5. All action actions authorized in this chapter shall be
41 32 brought in the district court in Polk county.
41 33 Sec. 71. Section 508.38, subsection 1, Code 2015, is amended
41 34 to read as follows:
41 35 1. This section does not apply to any reinsurance,
42 1 group annuity purchased under a retirement plan or plan of
42 2 deferred compensation established or maintained by an employer
42 3 (including, including a partnership or sole proprietorship)
42 4 proprietorship, or by an employee organization, or by both,
42 5 other than a plan providing individual retirement accounts or
42 6 individual retirement annuities under section 408 of the United
42 7 States Internal Revenue Code, as now or hereafter amended,
42 8 premium deposit fund, variable annuity, investment annuity,
42 9 immediate annuity, any deferred annuity contract after annuity
42 10 payments have commenced, or reversionary annuity, nor to any
42 11 contract which is delivered outside this state through an agent
42 12 or other representative of the company issuing the contract.
42 13 Sec. 72. Section 509.4, Code 2015, is amended to read as
42 14 follows:
42 15 509.4 Number insured.
42 16 An insurer may issue policies of individual life, accident,
42 17 health, hospital, medical or surgical insurance or any
42 18 combination thereof at reduced rates to employees of a common
42 19 employer including the state, a county, school district, city
42 20 or institution supported in whole or in part by public funds,
42 21 but the number of employees to be insured must be more than
42 22 one. The premium for such policies may be paid wholly or in
42 23 part by the employer. If such policies shall provide term life
42 24 insurance renewable only during the continuance of employment
42 25 with the employer they shall also provide for conversion to a
42 26 level premium life policy substantially in accordance with the
42 27 provisions of subsection 8 of section 509.2, subsection 8.
42 28 Sec. 73. Section 514.4, Code 2015, is amended to read as
42 29 follows:
42 30 514.4 Directors.
42 31 1. a. At least two=thirds of the directors of a hospital
42 32 service corporation, medical service corporation, dental
42 33 service corporation, or pharmaceutical or optometric service
42 34 corporation subject to this chapter shall be at all times
42 35 subscribers and not more than one=third of the directors
43 1 shall be providers as provided in this section. The board of
43 2 directors of each corporation shall consist of at least nine
43 3 members.
43 4 b. A subscriber director is a director of the board of
43 5 a corporation who is a subscriber and who is not a provider
43 6 of health care pursuant to section 514B.1, subsection 7, a
43 7 person who has material financial or fiduciary interest in the
43 8 delivery of health care services or a related industry, an
43 9 employee of an institution which provides health care services,
43 10 or a spouse or a member of the immediate family of such a
43 11 person. However, a subscriber director of a dental service
43 12 corporation may be an employee, officer, director, or trustee
43 13 of a hospital that does not contract with the dental service
43 14 corporation. A subscriber director of a hospital or medical
43 15 service corporation shall be a subscriber of the services of
43 16 that corporation.
43 17 c. A provider director of a corporation subject to this
43 18 chapter shall be at all times a person who has a material
43 19 financial interest in or is a fiduciary to or an employee
43 20 of or is a spouse or member of the immediate family of a
43 21 provider having a contract with such corporation to render to
43 22 its subscribers the services of such corporation or who is a
43 23 hospital trustee.
43 24 2. A director may serve on a board of only one corporation
43 25 at a time subject to this chapter.
43 26 3. The commissioner of insurance shall adopt rules pursuant
43 27 to chapter 17A to implement the process of the election of
43 28 subscriber directors of the board of directors of a corporation
43 29 to ensure the representation of a broad spectrum of subscriber
43 30 interest on each board and establish criteria for the selection
43 31 of nominees. The rules shall provide for an independent
43 32 subscriber nominating committee to serve until the composition
43 33 of the board of directors meets the percentage requirements
43 34 of this section. Once the composition requirements of this
43 35 section are met, the nominations for subscriber directors
44 1 shall be made by the subscriber directors of the board under
44 2 procedures the board establishes which shall also permit
44 3 nomination by a petition of at least fifty subscribers. The
44 4 board shall also establish procedures to permit nomination of
44 5 provider directors by petition of at least fifty participating
44 6 providers. A member of the board of directors of a corporation
44 7 subject to this chapter shall not serve on the independent
44 8 subscriber nominating committee. The nominating committee
44 9 shall consist of subscribers as defined in this section. The
44 10 rules of the commissioner of insurance shall also permit
44 11 nomination of subscriber directors by a petition of at least
44 12 fifty subscribers, and nomination of provider directors
44 13 by a petition of at least fifty participating providers.
44 14 These petitions shall be considered only by the independent
44 15 nominating committee during the duration of the committee.
44 16 Following the discontinuance of the committee, the petition
44 17 process shall be continued and the board of directors of the
44 18 corporation shall consider the petitions. The independent
44 19 subscriber nominating committee is not subject to chapter 17A.
44 20 The nominating committee shall not receive per diem or expenses
44 21 for the performance of their duties.
44 22 4. Population factors, representation of different
44 23 geographic regions, and the demography of the service area of
44 24 the corporation subject to this chapter shall be considered
44 25 when making nominations for the board of directors of a
44 26 corporation subject to this chapter.
44 27 5. A corporation serving states in addition to Iowa shall be
44 28 required to implement this section only for directors who are
44 29 residents of Iowa and elected as board members from Iowa.
44 30 Sec. 74. Section 514G.105, subsection 10, paragraph c, Code
44 31 2015, is amended to read as follows:
44 32 c. The requirements of a policy summary set forth in
44 33 paragraph "b" may be incorporated into the basic illustration
44 34 required to be delivered in accordance with 191 IAC ch. 14, or
44 35 into the life insurance policy summary required to be delivered
45 1 in accordance with 191 IAC 15.4.
45 2 Sec. 75. Section 515.109, subsection 6, unnumbered
45 3 paragraph 1, Code 2015, is amended to read as follows:
45 4 a. The form of the standard policy (with permission to
45 5 substitute for the word "company" a more accurate descriptive
45 6 term for the type of insurer) shall be as follows:
45 7 Sec. 76. Section 515.109, subsection 6, unnumbered
45 8 paragraph 2, Code 2015, is amended to read as follows:
45 9 b. It is important that the written portions of all policies
45 10 covering the same property read exactly alike. If they do not,
45 11 they should be made uniform at once.
45 12 Sec. 77. Section 515A.4, subsection 5, Code 2015, is amended
45 13 to read as follows:
45 14 5. Under such rules and regulations as the commissioner
45 15 shall adopt the commissioner may, by written order, suspend or
45 16 modify the requirement of filing as to any kind of insurance,
45 17 subdivision or combination thereof, or as to classes of risks,
45 18 the rates for which cannot practicably be filed before they are
45 19 used. Such order, rules and regulations shall be made known
45 20 to insurers and rating organizations affected thereby. The
45 21 commissioner may make such examination as the commissioner
45 22 may deem advisable to ascertain whether any rates affected by
45 23 such order meet the standards set forth in paragraph "b" of
45 24 subsection 1 of section 515A.3, subsection 1, paragraph "b".
45 25 Sec. 78. Section 515A.8, subsection 2, Code 2015, is amended
45 26 to read as follows:
45 27 2. If such appeal is based upon the failure of the rating
45 28 organization to make a filing on behalf of such member or
45 29 subscriber, which is based on a system of expense provisions
45 30 which differs, in accordance with the right granted in
45 31 paragraph "c" of subsection 1 of section 515A.3, subsection 1,
45 32 paragraph "c", from the system of expense provisions included
45 33 in a filing made by the rating organization, the commissioner
45 34 shall, if the commissioner grants the appeal, order the rating
45 35 organization to make the requested filing for use by the
46 1 appellant. In deciding such appeal the commissioner shall
46 2 apply the standards set forth in section 515A.3.
46 3 Sec. 79. Section 517.1, unnumbered paragraph 1, Code 2015,
46 4 is amended to read as follows:
46 5 Every corporation, association, company, or reciprocal
46 6 exchange writing any of the several classes of insurance
46 7 authorized by paragraph "d" of subsection 5 of section 515.48,
46 8 subsection 5, paragraph "d", shall maintain reserves for
46 9 outstanding losses under insurance against loss or damage from
46 10 accident to or injuries suffered by an employee or other person
46 11 and for which the insured is liable computed as follows:
46 12 Sec. 80. Section 522.6, subsection 5, paragraph b, Code
46 13 2015, is amended to read as follows:
46 14 b. Require that an insurer maintain a risk management
46 15 framework, conduct an own risk and solvency assessment,
46 16 and file an own risk and solvency assessment summary report
46 17 if the insurer has a risk=based capital level that is a
46 18 company=action=level event as set forth in section 521E.3 for
46 19 insurers and section 521F.4 for health organizations or that
46 20 would cause the insurer to be in hazardous financial condition
46 21 as set forth in 191 IAC ch. 110, or if the insurer otherwise
46 22 exhibits qualities of a troubled insurer as determined by the
46 23 commissioner.
46 24 Sec. 81. Section 524.541, Code 2015, is amended to read as
46 25 follows:
46 26 524.541 Lists ==== filing with superintendent.
46 27 1. Every state bank shall cause to be kept a full and
46 28 correct list of the names and addresses of the officers,
46 29 directors, and shareholders of the state bank, and the
46 30 number of shares held by each. If an affiliate, as defined
46 31 in subsection 4 of section 524.1101, subsection 4, is a
46 32 shareholder in a state bank, such list shall include the names,
46 33 addresses, and percentage of ownership or interest in the
46 34 affiliate of the shareholders, members, or other individuals
46 35 possessing a beneficial interest in said affiliate.
47 1 2. A copy of the list as of the date of the adjournment
47 2 of each annual meeting of shareholders, in the form of an
47 3 affidavit signed by the president or cashier of the state bank,
47 4 shall be transmitted to the superintendent within ten days
47 5 after such annual meeting.
47 6 Sec. 82. Section 524.1003, Code 2015, is amended to read as
47 7 follows:
47 8 524.1003 Removal of fiduciary powers.
47 9 1. a. If the superintendent at any time concludes that
47 10 a state bank authorized to act in a fiduciary capacity is
47 11 managing its accounts in an unsafe or unsound manner, or in a
47 12 manner in conflict with the provisions of this chapter, and
47 13 such state bank refuses to correct such practices upon notice
47 14 to do so, the superintendent may forthwith direct that the
47 15 state bank cease to act as a fiduciary and proceed to resign
47 16 its fiduciary positions.
47 17 b. In such event the superintendent shall cause to be filed
47 18 a petition in the district court in which the state bank has
47 19 its principal place of business setting forth in general terms
47 20 that the state bank is acting as fiduciary with respect to
47 21 certain property and that it is necessary and desirable that
47 22 successor fiduciaries be appointed. Upon the filing of the
47 23 petition the court shall enter an order requiring all persons
47 24 interested in all such fiduciary accounts to designate and
47 25 take all necessary measures to appoint a successor fiduciary
47 26 within a time to be fixed by the order, or to show cause why a
47 27 successor fiduciary should not be appointed by the court. The
47 28 court shall also direct the state bank to mail a copy of the
47 29 order to each living settlor and each person known by the state
47 30 bank to have a beneficial interest in the fiduciary accounts
47 31 with respect to which the state bank is fiduciary and with
47 32 respect to which it is being asked to resign its position.
47 33 Such notice shall be mailed to the last known address of each
47 34 such settlor and person having a beneficial interest as shown
47 35 by the records of the state bank. The court may also order
48 1 publication of such order to the extent that it deems necessary
48 2 to protect the interests of absent or remote beneficiaries.
48 3 2. In any fiduciary account where those interested therein
48 4 fail to cause a successor fiduciary to be appointed prior
48 5 to the time fixed in such order, the court shall appoint a
48 6 successor fiduciary. A successor fiduciary appointed in
48 7 accordance with the terms of this section shall succeed to all
48 8 the rights, powers, titles, duties and responsibilities of
48 9 the state bank, except that the successor fiduciary shall not
48 10 exercise powers given in the instrument creating the powers
48 11 that by its express terms are personal to the fiduciary therein
48 12 designated and except claims or liabilities arising out of the
48 13 management of the fiduciary account prior to the date of the
48 14 transfer.
48 15 Sec. 83. Section 524.1601, subsections 1, 2, and 3, Code
48 16 2015, are amended to read as follows:
48 17 1. A director, officer, or employee of a state bank or bank
48 18 holding company who willfully violates any of the provisions
48 19 of subsection 4 of section 524.612, subsection 4; section
48 20 524.613,; subsection 2 of section 524.706, subsection 2,
48 21 insofar as such subsection incorporates subsection 4 of section
48 22 524.612, subsection 4; or section 524.710, shall be guilty of a
48 23 serious misdemeanor, and, in the following circumstances, shall
48 24 pay an additional fine or fines equal to:
48 25 a. The amount of money or the value of the property which
48 26 the director, officer, or employee received for procuring,
48 27 or attempting to procure, a loan, extension of credit, or
48 28 investment by the state bank or bank holding company, upon
48 29 conviction of a violation of subsection 1 of section 524.613,
48 30 subsection 1, or of subsection 1 of section 524.710, subsection
48 31 1.
48 32 b. The amount by which the director's, officer's, or
48 33 employee's deposit account in the state bank or bank holding
48 34 company is overdrawn, upon conviction of a violation of
48 35 subsection 2 of section 524.613, subsection 2, or of subsection
49 1 2 of section 524.710, subsection 2.
49 2 c. The amount of any profit which the director, officer,
49 3 or employee receives on the transaction, upon conviction of
49 4 a violation of subsection 4 of section 524.612, subsection 4
49 5 or of subsection 2 of section 524.706, subsection 2, insofar
49 6 as each applies to purchases from and sales to a state bank
49 7 or bank holding company upon terms more favorable to such
49 8 director, officer, or employee than those offered to other
49 9 persons.
49 10 d. The amount of profit, fees, or other compensation
49 11 received, upon conviction of a violation of section 524.710,
49 12 subsection 1, paragraph "b".
49 13 2. A director or officer who willfully makes or receives
49 14 a loan in violation of subsection 1 of section 524.612,
49 15 subsection 1, or subsection 1 of section 524.706, subsection 1,
49 16 shall be guilty of a serious misdemeanor and shall be subject
49 17 to an additional fine equal to that amount of the loan in
49 18 excess of the limitation imposed by such subsections, and shall
49 19 be forever disqualified from acting as a director or officer
49 20 of any state bank or bank holding company. For the purpose
49 21 of this subsection, amounts which are treated as obligations
49 22 of an officer or director pursuant to subsection 5 of section
49 23 524.612, subsection 5, shall be considered in determining
49 24 whether the loan or extension of credit is in violation of
49 25 subsection 1 of section 524.612, subsection 1, and subsection 1
49 26 of section 524.706, subsection 1.
49 27 3. A director, officer, or employee of a state bank or
49 28 bank holding company who willfully makes or receives a loan or
49 29 extension of credit of funds held by the state bank or bank
49 30 holding company as fiduciary, in violation of subsection 4 of
49 31 section 524.1002, subsection 4, shall be guilty of a serious
49 32 misdemeanor and shall be subject to a further fine equal to the
49 33 amount of the loan or extension of credit made in violation of
49 34 subsection 4 of section 524.1002, subsection 4, and shall be
49 35 forever disqualified from acting as a director, officer, or
50 1 employee of any state bank or bank holding company.
50 2 Sec. 84. Section 535.10, subsection 3, paragraph a, Code
50 3 2015, is amended to read as follows:
50 4 a. A lender may collect in connection with establishing
50 5 or renewing a home equity line of credit the costs listed
50 6 in section 535.8, subsection 4, paragraphs paragraph "a" or
50 7 "b", charges for insurance as described in section 537.2501,
50 8 subsection 2, and a loan processing fee as agreed between
50 9 the borrower and the lender, and annually may collect an
50 10 account maintenance fee of not more than fifteen dollars.
50 11 Fees collected under this subsection shall be disregarded
50 12 for purposes of determining the maximum charge permitted by
50 13 subsection 4.
50 14 Sec. 85. Section 544A.28, Code 2015, is amended to read as
50 15 follows:
50 16 544A.28 Seal required.
50 17 1. An architect shall procure a seal with which to identify
50 18 all technical submissions issued by the architect for use in
50 19 this state. The seal shall be of a design, content, and size
50 20 designated by the board.
50 21 2. a. Technical submissions prepared by an architect, or
50 22 under an architect's direct supervision and responsible charge,
50 23 shall be stamped with the impression of the architect's seal.
50 24 The board shall designate by rule the location, frequency, and
50 25 other requirements for use of the seal. An architect shall
50 26 not impress the architect's seal on technical submissions if
50 27 the architect was not the author of the technical submissions
50 28 or if they were not prepared under the architect's direct
50 29 supervision and responsible charge. An architect who merely
50 30 reviews standardized construction documents for pre=engineered
50 31 or prototype buildings, is not the author of the technical
50 32 submissions and the technical submissions were not prepared
50 33 under a reviewing architect's responsible charge.
50 34 b. An architect shall cause those portions of technical
50 35 submissions prepared by a professional consultant to be stamped
51 1 with the impression of the seal of the professional consultant,
51 2 with a clear identification of the consultant's areas of
51 3 responsibility, signature, and date of issuance.
51 4 3. A public official charged with the enforcement of the
51 5 state building code, as adopted pursuant to section 103A.7,
51 6 or a municipal or county building code, shall not accept or
51 7 approve any technical submissions involving the practice of
51 8 architecture unless the technical submissions have been stamped
51 9 with the architect's seal as required by this section or unless
51 10 the applicant has certified on the technical submission to the
51 11 applicability of a specific exception under section 544A.18
51 12 permitting the preparation of technical submissions by a person
51 13 not registered under this chapter. A building permit issued
51 14 with respect to technical submissions which do not conform to
51 15 the requirements of this section is invalid.
51 16 Sec. 86. Section 547.1, Code 2015, is amended to read as
51 17 follows:
51 18 547.1 Use of trade name ==== verified statement required.
51 19 A person shall not engage in or conduct a business under
51 20 a trade name, or an assumed name of a character other than
51 21 the true surname of each person owning or having an interest
51 22 in the business, unless the person first records with the
51 23 county recorder of the county in which the business is to be
51 24 conducted a verified statement showing the name, post office
51 25 address, and residence address of each person owning or having
51 26 an interest in the business, and the address where the business
51 27 is to be conducted. However, this provision does not apply
51 28 to any person organized or incorporated in this state as a
51 29 domestic entity or authorized to do business in this state as a
51 30 foreign entity, if the person is a limited partnership under
51 31 chapter 488; a limited liability company under chapter 489;
51 32 a corporation under chapter 490; a limited liability company
51 33 under chapter 489; a professional corporation under chapter
51 34 496C; a cooperative or cooperative association under chapter
51 35 497, 498, 499, 501, or 501A; or a nonprofit corporation under
52 1 chapter 504.
52 2 Sec. 87. Section 554.2311, subsection 1, Code 2015, is
52 3 amended to read as follows:
52 4 1. An agreement for sale which is otherwise sufficiently
52 5 definite (subsection 3 of section 554.2204) (section 554.2204,
52 6 subsection 3) to be a contract is not made invalid by the fact
52 7 that it leaves particulars of performance to be specified by
52 8 one of the parties. Any such specification must be made in
52 9 good faith and within limits set by commercial reasonableness.
52 10 Sec. 88. Section 554.2323, subsection 2, paragraph a, Code
52 11 2015, is amended to read as follows:
52 12 a. due tender of a single part is acceptable within the
52 13 provisions of this Article on cure of improper delivery
52 14 (subsection 1 of section 554.2508) (section 554.2508,
52 15 subsection 1); and
52 16 Sec. 89. Section 554.2503, subsection 5, paragraph a, Code
52 17 2015, is amended to read as follows:
52 18 a. the seller must tender all such documents in correct
52 19 form except as provided in this Article with respect to bills
52 20 of lading in a set (subsection 2 of section 554.2323) (section
52 21 554.2323, subsection 2); and
52 22 Sec. 90. Section 554.2505, subsection 1, paragraph b, Code
52 23 2015, is amended to read as follows:
52 24 b. a nonnegotiable bill of lading to the seller or the
52 25 seller's nominee reserves possession of the goods as security,
52 26 but except in a case of conditional delivery (subsection
52 27 2 of section 554.2507) (section 554.2507, subsection 2) a
52 28 nonnegotiable bill of lading naming the buyer as consignee
52 29 reserves no security interest even though the seller retains
52 30 possession or control of the bill of lading.
52 31 Sec. 91. Section 554.2513, subsection 3, unnumbered
52 32 paragraph 1, Code 2015, is amended to read as follows:
52 33 Unless otherwise agreed and subject to the provisions of
52 34 this Article on C.I.F. contracts (subsection 3 of section
52 35 554.2321) (section 554.2321, subsection 3), the buyer is not
53 1 entitled to inspect the goods before payment of the price when
53 2 the contract provides
53 3 Sec. 92. Section 554.2602, subsection 2, paragraph b, Code
53 4 2015, is amended to read as follows:
53 5 b. if the buyer has before rejection taken physical
53 6 possession of goods in which the buyer does not have a security
53 7 interest under the provisions of this Article (subsection 3 of
53 8 section 554.2711) (section 554.2711, subsection 3), the buyer
53 9 is under a duty after rejection to hold them with reasonable
53 10 care at the seller's disposition for a time sufficient to
53 11 permit the seller to remove them; but
53 12 Sec. 93. Section 554.2603, subsection 1, Code 2015, is
53 13 amended to read as follows:
53 14 1. Subject to any security interest in the buyer (subsection
53 15 3 of section 554.2711) (section 554.2711, subsection 3), when
53 16 the seller has no agent or place of business at the market of
53 17 rejection a merchant buyer is under a duty after rejection of
53 18 goods in the merchant buyer's possession or control to follow
53 19 any reasonable instructions received from the seller with
53 20 respect to the goods and in the absence of such instructions
53 21 to make reasonable efforts to sell them for the seller's
53 22 account if they are perishable or threaten to decline in
53 23 value speedily. Instructions are not reasonable if on demand
53 24 indemnity for expenses is not forthcoming.
53 25 Sec. 94. Section 554.2606, subsection 1, paragraph b, Code
53 26 2015, is amended to read as follows:
53 27 b. fails to make an effective rejection (subsection 1 of
53 28 section 554.2602) (section 554.2602, subsection 1), but such
53 29 acceptance does not occur until the buyer has had a reasonable
53 30 opportunity to inspect them; or
53 31 Sec. 95. Section 554.2607, subsection 3, paragraph b, Code
53 32 2015, is amended to read as follows:
53 33 b. if the claim is one for infringement or the like
53 34 (subsection 3 of section 554.2312) (section 554.2312,
53 35 subsection 3) and the buyer is sued as a result of such a
54 1 breach the buyer must so notify the seller within a reasonable
54 2 time after the buyer receives notice of the litigation or be
54 3 barred from any remedy over for liability established by the
54 4 litigation.
54 5 Sec. 96. Section 554.2607, subsection 5, paragraph b, Code
54 6 2015, is amended to read as follows:
54 7 b. if the claim is one for infringement or the like
54 8 (subsection 3 of section 554.2312) (section 554.2312,
54 9 subsection 3) the original seller may demand in writing that
54 10 the seller's buyer turn over to the seller control of the
54 11 litigation including settlement or else be barred from any
54 12 remedy over and if the seller also agrees to bear all expense
54 13 and to satisfy any adverse judgment, then unless the buyer
54 14 after seasonable receipt of the demand does turn over control
54 15 the buyer is so barred.
54 16 Sec. 97. Section 554.2607, subsection 6, Code 2015, is
54 17 amended to read as follows:
54 18 6. The provisions of subsections 3, 4 and 5 apply to any
54 19 obligation of a buyer to hold the seller harmless against
54 20 infringement or the like (subsection 3 of section 554.2312)
54 21 (section 554.2312, subsection 3).
54 22 Sec. 98. Section 554.2706, subsection 6, Code 2015, is
54 23 amended to read as follows:
54 24 6. The seller is not accountable to the buyer for any profit
54 25 made on any resale. A person in the position of a seller
54 26 (section 554.2707) or a buyer who has rightfully rejected or
54 27 justifiably revoked acceptance must account for any excess over
54 28 the amount of that person's security interest, as hereinafter
54 29 defined (subsection 3 of section 554.2711) (section 554.2711,
54 30 subsection 3).
54 31 Sec. 99. Section 554.2714, subsection 1, Code 2015, is
54 32 amended to read as follows:
54 33 1. Where the buyer has accepted goods and given notification
54 34 (subsection 3 of section 554.2607) (section 554.2607,
54 35 subsection 3) the buyer may recover as damages for any
55 1 nonconformity of tender the loss resulting in the ordinary
55 2 course of events from the seller's breach as determined in any
55 3 manner which is reasonable.
55 4 Sec. 100. Section 554.3501, subsection 2, paragraph d, Code
55 5 2015, is amended to read as follows:
55 6 d. The party to whom presentment is made may treat
55 7 presentment as occurring on the next business day after the day
55 8 of presentment if the party to whom presentment is made has
55 9 established a cut=off hour not earlier than two 2:00 p.m. for
55 10 the receipt and processing of instruments presented for payment
55 11 or acceptance and presentment is made after the cut=off hour.
55 12 Sec. 101. Section 554.10103, Code 2015, is amended to read
55 13 as follows:
55 14 554.10103 General repealer.
55 15 Except as provided in section 554.7103, all acts Acts and
55 16 parts of acts Acts inconsistent with this chapter are hereby
55 17 repealed.
55 18 Sec. 102. Section 558.44, Code 2015, is amended to read as
55 19 follows:
55 20 558.44 Mandatory recordation of conveyances and leases of
55 21 agricultural land.
55 22 1. Every conveyance or lease of agricultural land,
55 23 except leases not to exceed five years in duration with
55 24 renewals, conveyances or leases made by operation of law, and
55 25 distributions made from estates to heirs or devisees shall be
55 26 recorded by the grantee or lessee with the county recorder not
55 27 later than one hundred eighty days after the date of conveyance
55 28 or lease.
55 29 2. For an instrument of conveyance of agricultural land
55 30 deposited with an escrow agent, the fact of deposit of that
55 31 instrument of conveyance with the escrow agent as well as the
55 32 name and address of the grantor and grantee shall be recorded,
55 33 by a document executed by the escrow agent, with the county
55 34 recorder not later than one hundred eighty days from the date
55 35 of the deposit with the escrow agent. For an instrument of
56 1 conveyance of agricultural land delivered by an escrow agent,
56 2 that instrument shall be recorded with the county recorder not
56 3 later than one hundred eighty days from the date of delivery of
56 4 the instrument of conveyance by the escrow agent.
56 5 3. At the time of recordation of the conveyance or lease of
56 6 agricultural land, except a lease not exceeding five years in
56 7 duration with renewals, conveyances or leases made by operation
56 8 of law and distributions made from estates of decedents to
56 9 heirs or devisees, to a nonresident alien as grantee or lessee,
56 10 such conveyance or lease shall disclose, in an affidavit to
56 11 be recorded therewith as a precondition to recordation, the
56 12 name, address, and citizenship of the nonresident alien. In
56 13 addition, if the nonresident alien is a partnership, limited
56 14 partnership, corporation or trust, the affidavit shall
56 15 also disclose the names, addresses, and citizenship of the
56 16 nonresident alien individuals who are the beneficial owners of
56 17 such entities. However, any partnership, limited partnership,
56 18 corporation, or trust which has a class of equity securities
56 19 registered with the United States securities and exchange
56 20 commission under section 12 of the Securities Exchange Act of
56 21 1934 as amended to January 1, 1978, need only state that fact
56 22 on the affidavit.
56 23 4. Failure to record a conveyance or lease of agricultural
56 24 land required to be recorded by this section by the grantee
56 25 or lessee within the specified time limit is punishable by a
56 26 fine not to exceed one hundred dollars per day for each day of
56 27 violation. The county recorder shall record a conveyance or
56 28 lease of agricultural land presented for recording even though
56 29 not presented within one hundred eighty days after the date
56 30 of conveyance or lease. The county recorder shall forward to
56 31 the county attorney a copy of each such conveyance or lease
56 32 of agricultural land recorded more than one hundred eighty
56 33 days from the date of conveyance. The county attorney shall
56 34 initiate action in the district court to enforce the provisions
56 35 of this section. Failure to timely record shall not invalidate
57 1 an otherwise valid conveyance or lease.
57 2 5. If a real estate contract or lease is required to be
57 3 recorded under this section, the requirement is satisfied by
57 4 recording either the entire real estate contract or lease or
57 5 a memorandum of the contract or lease containing at least the
57 6 names and addresses of all parties named in the contract or
57 7 lease, a description of all real property and interests therein
57 8 subject to the contract or lease, the length of the contract
57 9 or initial term of the lease, and in the case of a lease a
57 10 statement as to whether any of the named parties have or are
57 11 subject to renewal rights, and if so, the event or condition
57 12 upon which renewal occurs, the number of renewal terms and the
57 13 length of each, and in the case of a real estate contract a
57 14 statement as to whether the seller is entitled to the remedy
57 15 of forfeiture and as to the dates upon which payments are due.
57 16 This unnumbered paragraph subsection is effective July 1, 1980,
57 17 for all contracts and leases of agricultural land made on or
57 18 after July 1, 1980.
57 19 6. The provisions of this section except as otherwise
57 20 provided, are effective July 1, 1979, for all conveyances and
57 21 leases of agricultural land made on or after July 1, 1979.
57 22 Sec. 103. Section 602.1206, subsection 2, Code 2015, is
57 23 amended to read as follows:
57 24 2. Supreme court rules shall be published as provided in
57 25 section 2B.5 2B.5B.
57 26 Sec. 104. Section 602.4201, subsection 2, Code 2015, is
57 27 amended to read as follows:
57 28 2. Rules of appellate procedure relating to appeals to and
57 29 review by the supreme court, discretionary review by the courts
57 30 of small claims actions, review by the supreme court by writ of
57 31 certiorari to inferior courts, appeal to or review by the court
57 32 of appeals of a matter transferred to that court by the supreme
57 33 court, and further review by the supreme court of decisions of
57 34 the court of appeals, shall be known as "Rules of Appellate
57 35 Procedure", and shall be published as provided in section 2B.5
58 1 2B.5B.
58 2 Sec. 105. Section 602.9115A, Code 2015, is amended to read
58 3 as follows:
58 4 602.9115A Optional annuity for judge and survivor.
58 5 1. In lieu of the annuities and refunds provided for judges
58 6 and judges' survivors under sections 602.9107, 602.9108,
58 7 602.9115, 602.9204, 602.9208, and 602.9209, judges may
58 8 elect to receive an optional retirement annuity during the
58 9 judge's lifetime and have the optional retirement annuity,
58 10 or a designated fraction of the optional retirement annuity,
58 11 continued and paid to the judge's survivor after the judge's
58 12 death and during the lifetime of the survivor.
58 13 2. The judge shall make the election request in writing
58 14 to the state court administrator prior to retirement. The
58 15 election is subject to the approval of the state court
58 16 administrator. The judge may revoke the election prior to
58 17 retirement by written request to the state court administrator,
58 18 but cannot revoke the election after retirement.
58 19 3. The optional retirement annuity shall be the actuarial
58 20 equivalent of the amounts of the annuities payable to judges
58 21 and survivors under sections 602.9107, 602.9115, 602.9204,
58 22 602.9208, and 602.9209. The actuarial equivalent shall be
58 23 based on the mortality and interest assumptions set out in
58 24 section 602.9107, subsection 3.
58 25 4. a. If the judge dies without a survivor, prior to
58 26 retirement or prior to receipt in annuities of an amount equal
58 27 to the total amount remaining to the judge's credit at the time
58 28 of separation from service, the election is null and void and
58 29 the refunding provisions of section 602.9108 apply.
58 30 b. If the judge dies with a survivor prior to retirement,
58 31 the election remains valid and the survivor is entitled to
58 32 receive the annuity beginning at the death of the judge.
58 33 c. If the judge dies with a survivor and the survivor
58 34 subsequently dies prior to receipt in annuities by both the
58 35 judge and the survivor of an amount equal to the total amount
59 1 remaining to the judge's credit at the time of separation from
59 2 service, the election remains valid and the refunding provision
59 3 of section 602.9115 applies.
59 4 Sec. 106. Section 626.80, Code 2015, is amended to read as
59 5 follows:
59 6 626.80 Time and manner.
59 7 1. The sale must be at public auction, between nine o'clock
59 8 in the forenoon 9:00 a.m. and four o'clock in the afternoon
59 9 4:00 p.m., and the hour of the commencement of the sale must be
59 10 fixed in the notice.
59 11 2. The sheriff shall receive and give a receipt for a sealed
59 12 written bid submitted prior to the public auction. The sheriff
59 13 may require all sealed written bids to be accompanied by
59 14 payment of any fees required to be paid at the public auction
59 15 by the purchaser, to be returned if the person submitting
59 16 the sealed written bid is not the purchaser. The sheriff
59 17 shall keep all written bids sealed until the commencement of
59 18 the public auction, at which time the sheriff shall open and
59 19 announce the written bids as though made in person. A party
59 20 who has appeared in the foreclosure may submit a written bid,
59 21 which shall include a facsimile number or electronic mail
59 22 address where the party can be notified of the results of the
59 23 sale. If a party submitting a winning written bid does not pay
59 24 the amount of the bid in certified funds in the manner in which
59 25 the sheriff in the notice directs, such bid shall be deemed
59 26 canceled and the sheriff shall certify the next highest bidder
59 27 as the successful bidder of the sale either within twenty=four
59 28 hours for an electronic funds transfer or forty=eight hours
59 29 otherwise, of notification of the sale results. A sheriff may
59 30 refuse to accept written bids from a bidder other than the
59 31 judgment creditor if the bidder or the bidder's agent in the
59 32 action has demonstrated a pattern of nonpayment on previously
59 33 accepted bids.
59 34 Sec. 107. Section 626.84, Code 2015, is amended to read as
59 35 follows:
60 1 626.84 Plan of division of land.
60 2 At any time before nine o'clock 9:00 a.m. of the day of the
60 3 sale, the debtor may deliver to the officer a plan of division
60 4 of the land levied on, subscribed by the debtor, and in that
60 5 case the officer shall sell, according to said plan, so much
60 6 of the land as may be necessary to satisfy the debt and costs,
60 7 and no more. If no such plan is furnished, the officer may sell
60 8 without any division.
60 9 Sec. 108. Section 633.517, subsection 1, Code 2015, is
60 10 amended to read as follows:
60 11 1. A written finding of presumed death, made by the
60 12 secretary of defense, or other officer or employee of the
60 13 United States authorized to make such finding, pursuant to the
60 14 federal Missing Persons Act, 56 Stat. 143, 1092, and P.L. Pub.
60 15 L. No. 408, Ch. 371, 2d Session 78th Congress codified at 10
60 16 U.S.C. {1501 et seq., as now or hereafter amended, or a duly
60 17 certified copy of such a finding, shall be received in any
60 18 court, office, or other place in this state, as evidence of the
60 19 death of the person therein found to be dead, and of the date,
60 20 circumstances, and place of the disappearance.
60 21 Sec. 109. Section 633B.204, subsection 3, Code 2015, is
60 22 amended to read as follows:
60 23 3. Pledge or mortgage an interest in real property or a
60 24 right incident to real property as security to borrow money
60 25 or pay, renew, or extend the time of payment of a debt of the
60 26 principal or a debt guaranteed by the principal.
60 27 Sec. 110. Section 633B.210, subsection 1, Code 2015, is
60 28 amended to read as follows:
60 29 1. Continue, pay the premium or make a contribution on, or
60 30 modify, exchange, rescind, release, or terminate a contract
60 31 procured by or on behalf of the principal which insures or
60 32 provides an annuity to either the principal or another person
60 33 whether or not the principal is a beneficiary under the
60 34 contract.
60 35 Sec. 111. Section 633B.302, Code 2015, is amended to read
61 1 as follows:
61 2 633B.302 Agent's certification ==== optional form.
61 3 The following optional form may be used by an agent to
61 4 certify facts concerning a power of attorney:
61 5 IOWA STATUTORY POWER OF ATTORNEY AGENT'S CERTIFICATION FORM
61 6 AGENT'S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND
61 7 AGENT'S AUTHORITY
61 8 State of _________________________
61 9 County of ______________________
61 10 I, ______________________________ (name of agent), certify
61 11 under penalty of perjury that ______________________________
61 12 (name of principal) granted me authority as an agent
61 13 or successor agent in a power of attorney dated
61 14 _____________________.
61 15 I further certify all of the following to my knowledge:
61 16 The principal is alive and has not revoked the power of
61 17 attorney or the Power power of Attorney attorney and my
61 18 authority to act under the Power power of Attorney attorney
61 19 have not terminated.
61 20 If the power of attorney was drafted to become effective
61 21 upon the happening of an event or contingency, the event or
61 22 contingency has occurred.
61 23 If I was named as a successor agent, the prior agent is no
61 24 longer able or willing to serve.
61 25 __________________________________________________________
61 26 __________________________________________________________
61 27 __________________________________________________________.
61 28 (Insert other relevant statements)
61 29 SIGNATURE AND ACKNOWLEDGMENT
61 30 _____________________________ _________________________
61 31 Agent's Signature Date
61 32 _____________________________
61 33 Agent's Name Printed
61 34 _____________________________
61 35 _____________________________
62 1 Agent's Address
62 2 _____________________________
62 3 Agent's Telephone Number
62 4 This document was acknowledged before me on _______________
62 5 (date), by __________________________ (name of agent)
62 6 _____________________________ (Seal, if any)
62 7 Signature of Notary
62 8 My commission expires ________________
62 9 This document prepared by
62 10 ___________________________________________________________
62 11 ___________________________________________________________
62 12 Sec. 112. Section 673.3, Code 2015, is amended to read as
62 13 follows:
62 14 673.3 Notice required.
62 15 1. A domesticated animal professional shall post and
62 16 maintain a sign on real property in which the professional
62 17 holds an interest, if the professional conducts domesticated
62 18 animal activities on the property. The location of the
62 19 sign may be near or on a stable, corral, or arena owned or
62 20 controlled by the domesticated animal professional. The sign
62 21 must be clearly visible to a participant. This section does
62 22 not require a sign to be posted on a domesticated animal or a
62 23 vehicle powered by a domesticated animal. The notice shall
62 24 appear in black letters a minimum of one inch high and in the
62 25 following form:
62 26 WARNING
62 27 Under Iowa law, a domesticated animal professional is not
62 28 liable for damages suffered by, an injury to, or the death of a
62 29 participant resulting from the inherent risks of domesticated
62 30 animal activities, pursuant to Iowa Code chapter 673. You are
62 31 assuming inherent risks of participating in this domesticated
62 32 animal activity.
62 33 2. If a written contract is executed between a domesticated
62 34 animal professional and a participant involving domesticated
62 35 animal activities, the contract shall contain the same notice
63 1 in clearly readable print. In addition, the contract shall
63 2 include the following disclaimer:
63 3 A number of inherent risks are associated with a domesticated
63 4 animal activity. A domesticated animal may behave in a manner
63 5 that results in damages to property or an injury or death
63 6 to a person. Risks associated with the activity may include
63 7 injuries caused by bucking, biting, stumbling, rearing,
63 8 trampling, scratching, pecking, falling, or butting.
63 9 The domesticated animal may react unpredictably to
63 10 conditions, including, but not limited to, a sudden movement,
63 11 loud noise, an unfamiliar environment, or the introduction of
63 12 unfamiliar persons, animals, or objects.
63 13 The domesticated animal may also react in a dangerous manner
63 14 when a condition or treatment is considered hazardous to the
63 15 welfare of the animal; a collision occurs with an object or
63 16 animal; or a participant fails to exercise reasonable care,
63 17 take adequate precautions, or use adequate control when
63 18 engaging in a domesticated animal activity, including failing
63 19 to maintain reasonable control of the animal or failing to act
63 20 in a manner consistent with the person's abilities.
63 21 Sec. 113. Section 714.16, subsection 5, paragraph c, Code
63 22 2015, is amended to read as follows:
63 23 c. As to any person other than a natural person, in the
63 24 manner provided in the Rules rules of Civil Procedure civil
63 25 procedure as if a petition had been filed; or
63 26 DIVISION II
63 27 CODE EDITOR DIRECTIVES
63 28 Sec. 114. CODE EDITOR DIRECTIVES.
63 29 1. Sections 159.23 and 669.12, Code 2015, are amended
63 30 by striking the words "director of management" and inserting
63 31 in lieu thereof the words "director of the department of
63 32 management".
63 33 2. Sections 8.6, subsection 6; 12.26, subsections 2 and 3;
63 34 88.2, subsection 5; 99G.39, subsection 2; 234.6, subsection 3;
63 35 456A.19, subsection 2; 602.1301, subsection 2, paragraph "a",
64 1 unnumbered paragraph 1; and 602.1301, subsection 2, paragraph
64 2 "b", Code 2015, are amended by striking the words "director of
64 3 management" and inserting in lieu thereof the words "director
64 4 of the department of management".
64 5 3. Sections 147A.1, subsection 9; and 147A.17, subsection
64 6 1, Code 2015, are amended by striking the words "north central
64 7 association of colleges and schools" and inserting in lieu
64 8 thereof the words "higher learning commission".
64 9 4. Sections 28J.27 and 321H.1, Code 2015, are amended
64 10 by striking the words "director of the state department
64 11 of transportation" and inserting in lieu thereof the words
64 12 "director of transportation".
64 13 5. Sections 225B.4, subsection 1, paragraph "e"; 321.1,
64 14 subsection 20; and 602.8102, subsection 53, Code 2015, are
64 15 amended by striking the words "director of the state department
64 16 of transportation" and inserting in lieu thereof the words
64 17 "director of transportation".
64 18 6. Sections 6B.2A, subsection 4; 423B.1, subsection
64 19 6, paragraph "b"; 423B.3, unnumbered paragraph 2; 423B.4,
64 20 subsection 2; and 466B.3, subsection 4, paragraph "h", Code
64 21 2015, are amended by striking the words "director of the
64 22 department of transportation" and inserting in lieu thereof the
64 23 words "director of transportation".
64 24 7. Section 148C.8, Code 2015, is amended by striking the
64 25 words "physician's assistant" and inserting in lieu thereof the
64 26 words "physician assistant".
64 27 8. Sections 280.16, subsection 1, paragraph "b"; 321.375,
64 28 subsection 1, paragraph "d"; 321.376, subsection 1; and
64 29 321L.2A, subsection 1, paragraph "e", Code 2015, are amended
64 30 by striking the words "physician's assistant" and inserting in
64 31 lieu thereof the words "physician assistant".
64 32 9. The Code editor is directed to number unnumbered
64 33 paragraphs within sections 299.5A, 425.2, 425.3, 426A.13,
64 34 426A.14, 453B.10, 453B.12, 499.27, 524.607, 543B.16, 602.9115,
64 35 and 669.4, Code 2015, in accordance with established Code
65 1 section hierarchy and correct internal references in the Code
65 2 and in any enacted Iowa Acts, as necessary.
HF 535 (3) 86
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