Bill Text: IA HF2404 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A bill for an act relating to nonsubstantive code corrections. (Formerly HSB 631)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-03-05 - Withdrawn. H.J. 438. [HF2404 Detail]

Download: Iowa-2013-HF2404-Introduced.html

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House File 2404 - Introduced
HOUSE FILE 2404
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 631)
(COMPANION TO SF 2240)
A BILL FOR
An Act relating to nonsubstantive code corrections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 2.10, subsection 5, Code 2014, is amended
to read as follows:
5. a. In addition to the salaries and expenses authorized
by this section , a member of the general assembly shall be paid
a per diem, and necessary travel and actual expenses incurred
in attending meetings for which per diem or expenses are
authorized by law for members of the general assembly who serve
on statutory boards, commissions, or councils, and for standing
or interim committee or subcommittee meetings subject to the
provisions of section 2.14 , or when on authorized legislative
business when the general assembly is not in session. However,
if a member of the general assembly is engaged in authorized
legislative business at a location other than at the seat
of government during the time the general assembly is in
session, payment may be made for the actual transportation and
lodging costs incurred because of the business. Such per diem
or expenses shall be paid promptly from funds appropriated
pursuant to section 2.12 .
b. For purposes of this section , “per diem” means the
maximum amount generally allowable to employees of the
executive branch of the federal government for per diem while
away from home at the seat of government.
Sec. 2. Section 2.48, subsection 4, Code 2014, is amended
to read as follows:
4. Subsequent additional review. A tax expenditure or
incentive reviewed pursuant to subsection 3 shall be reviewed
again not more than five years after the tax expenditure or
incentive was most recently reviewed.
Sec. 3. Section 8.6, subsection 17, paragraphs c and d, Code
2014, are amended to read as follows:
c. (1) To establish, by rule, a customer council
responsible for overseeing the services provided solely by the
department of administrative services. The rules adopted shall
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provide for all of the following:
(1) (a) The method of appointment of members to the council
by the governmental entities required to receive the services.
(2) (b) The duties of the customer council which shall be
as follows:
(a) (i) Annual review and approval of the department of
administrative services’ business plan regarding services
provided solely by the department of administrative services.
(b) (ii) Annual review and approval of the procedure
for resolving complaints concerning services provided by the
department of administrative services.
(c) (iii) Annual review and approval of the procedure
for setting rates for the services provided solely by the
department of administrative services.
(3) (c) A process for receiving input from affected
governmental entities as well as for a biennial review by the
customer council of the determinations made by the department
of which services are funded by an appropriation to the
department of administrative services and which services are
funded by the governmental entities receiving the service,
including any recommendations as to whether the department
of administrative services shall be the sole provider of a
service funded by the governmental entities receiving the
service. The department, in consultation with the department
of administrative services, may change the determination of
a service if it is determined that the change is in the best
interests of those governmental entities receiving the service.
d. (2) If a service to be provided may also be provided
to the judicial branch and legislative branch, then the rules
shall provide that the chief justice of the supreme court may
appoint a member to the customer council, and the legislative
council may appoint a member from the senate and a member from
the house of representatives to the customer council, in their
discretion.
Sec. 4. Section 10A.104, subsection 10, Code 2014, is
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amended to read as follows:
10. Enter into and implement agreements or compacts between
the state of Iowa and Indian tribes located in the state which
are entered into under the authority of the Indian Gaming
Regulatory Act (25 , 25 U.S.C. § 2701 et seq.). seq. The
agreements or compacts shall contain provisions intended to
implement the policies and objectives of the Indian Gaming
Regulatory Act.
Sec. 5. Section 10A.105, subsection 3, Code 2014, is amended
to read as follows:
3. The state shall maintain records and materials related
to an agreement or compact entered into pursuant to the Indian
Gaming Regulatory Act (25 , 25 U.S.C. § 2701 et seq.) seq. , as
confidential records if confidentiality is required by the
terms of the agreement or compact.
Sec. 6. Section 13B.4B, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2014, is amended to read as
follows:
Summary claims data may be released if the data contains
no does not contain information that is required to be kept
confidential pursuant to an attorney’s obligations under the
Iowa rules of professional conduct. Such summary data may
include:
Sec. 7. Section 15J.2, subsection 13, Code 2014, is amended
to read as follows:
13. “Substantially improved” means that the cost of the
improvements are is equal to or exceed exceeds fifty percent of
the assessed value of the property, excluding the land, prior
to such improvements.
Sec. 8. Section 16.1, subsection 1, paragraph x, Code 2014,
is amended to read as follows:
x. “Low or moderate income families” means families who
cannot afford to pay enough to cause private enterprise in
their locality to build an adequate supply of decent, safe, and
sanitary dwellings for their use, and also includes, but is not
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limited to , (1) elderly the following:
(1) Elderly families, families in which one or more persons
are persons with disabilities, lower income families and very
low income families , and (2) families .
(2) Families purchasing or renting qualified residential
housing.
Sec. 9. Section 16.2A, subsection 1, Code 2014, is amended
to read as follows:
1. A title guaranty division is created within the
authority. The powers of the division relating to the issuance
of title guaranties are vested in and shall be exercised by
a division board of five members appointed by the governor
subject to confirmation by the senate. The membership of
the division board shall include an attorney, an abstractor,
a real estate broker, a representative of a mortgage lender,
and a representative of the housing development industry. The
executive director of the authority shall appoint an attorney
as director of the title guaranty division, who shall serve as
an ex officio member of the division board. The appointment of
and compensation for the division director are exempt from the
merit system provisions of chapter 8A, subchapter IV .
Sec. 10. Section 24.9, Code 2014, is amended to read as
follows:
24.9 Filing estimates —— notice of hearing —— amendments.
1. a. Each municipality shall file with the secretary or
clerk thereof the estimates required to be made in sections
24.3 to 24.8 , at least twenty days before the date fixed by
law for certifying the same to the levying board and shall
forthwith fix a date for a hearing thereon, and shall publish
such estimates and any annual levies previously authorized
as provided in section 76.2 , with a notice of the time when
and the place where such hearing shall be held not less than
ten nor more than twenty days before the hearing. Provided
that in municipalities of less than two hundred population
such estimates and the notice of hearing thereon shall be
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posted in three public places in the district in lieu of
publication. For any other municipality such publication shall
be in a newspaper published therein, if any, if not, then in a
newspaper of general circulation therein.
For any other municipality such publication shall be in
a newspaper published therein, if any, if not, then in a
newspaper of general circulation therein.
b. The department of management shall prescribe the form for
public hearing notices for use by municipalities.
2. Budget estimates adopted and certified in accordance
with this chapter may be amended and increased as the need
arises to permit appropriation and expenditure during the
fiscal year covered by the budget of unexpended cash balances
on hand at the close of the preceding fiscal year and which
cash balances had not been estimated and appropriated for
expenditure during the fiscal year of the budget sought to
be amended, and also to permit appropriation and expenditure
during the fiscal year covered by the budget of amounts of cash
anticipated to be available during the year from sources other
than taxation and which had not been estimated and appropriated
for expenditure during the fiscal year of the budget sought
to be amended. Such amendments to budget estimates may be
considered and adopted at any time during the fiscal year
covered by the budget sought to be amended, by filing the
amendments and upon publishing them and giving notice of the
public hearing in the manner required in this section . Within
ten days of the decision or order of the certifying or levying
board, the proposed amendment of the budget is subject to
protest, hearing on the protest, appeal to the state appeal
board and review by that body, all in accordance with sections
24.27 to 24.32 , so far as applicable. A local budget shall be
amended by May 31 of the current fiscal year to allow time for a
protest hearing to be held and a decision rendered before June
30. An amendment of a budget after May 31 which is properly
appealed but without adequate time for hearing and decision
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before June 30 is void. Amendments to budget estimates
accepted or issued under this section are not within section
24.14 .
Sec. 11. Section 28E.24, Code 2014, is amended to read as
follows:
28E.24 Revenue and tax levies.
1. a. The county board of supervisors shall certify to
the public safety commission the amount of revenue from the
county general fund credited to the unincorporated area in
the district based upon an average of revenues raised for law
enforcement purposes in the unincorporated area for the three
previous years. The public safety commission shall subtract
this amount from the amount of revenue to be contributed by
the unincorporated area. The difference is the amount of
additional revenue needed for unified law enforcement purposes.
b. In addition, the county board of supervisors and the
city council of each city in the district shall certify to
the public safety commission the amounts of revenue from the
county and from the city general fund credited to each city
in the district based upon an average of revenues raised for
law enforcement purposes in each city for the three previous
years. The public safety commission shall subtract the total
of these amounts from the amount of revenue to be contributed
by each city respectively. The difference for each city is the
amount of additional revenue needed for unified law enforcement
purposes.
2. The county board of supervisors and the council of each
city located within the district shall review the proposed
budget and upon the approval of the budget by the board
of supervisors and all city councils in the district, each
governing body shall determine the source of the additional
revenue needed for unified law enforcement purposes. If the
tax levy is approved as the source of revenue, the governing
body shall certify to the county auditor the amount of revenue
to be raised from the tax levy in either the unincorporated
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area of the district or a city in the district.
3. If the tax rate in any of the cities or the
unincorporated area exceeds the limitations prescribed in
section 28E.22 , the public safety commission shall revise the
budget to conform with the tax limitations.
4. The county board of supervisors and the city council of
each city in the district shall deposit in the public safety
fund the amounts of revenue certified to the public safety
commission in this section based upon an average of revenues
raised for law enforcement purposes for the three previous
years.
5. If the average of revenues raised for law enforcement
purposes in the unincorporated area or a city for the previous
three years exceeds the amount of revenue needed for unified
law enforcement purposes, the unincorporated area or city is
only required to contribute the amount of revenue needed.
6. Taxes collected pursuant to the tax levies and other
moneys received from the county and cities in the district
shall be placed in a public safety fund and used only for the
operation of the district. Any unencumbered funds remaining
in the fund at the end of a fiscal year shall carry over to
the next fiscal year and may be used for the operation of the
district.
Sec. 12. Section 49.7, Code 2014, is amended to read as
follows:
49.7 Reprecincting schedule and filing requirements.
1. Where reprecincting is necessary, city councils
and county boards of supervisors or the temporary county
redistricting commission shall make any necessary changes
in precincts as soon as possible after the redistricting of
congressional and legislative districts becomes law.
2. a. City councils shall complete any changes in precinct
and ward boundaries necessary to comply with sections 49.3
and 49.5 not later than sixty days after the redistricting
of congressional and legislative districts becomes law, or
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September 1 of the year immediately following each year in
which the federal decennial census is taken, whichever is
later. Different compliance dates may be set by the general
assembly by joint resolution.
b. County boards of supervisors or the temporary county
redistricting commission shall complete any changes in precinct
and supervisor district boundaries necessary to comply with
sections 49.3 , 49.4 , and 331.209 not later than ninety days
after the redistricting of congressional and legislative
districts becomes law, or October 15 of the year immediately
following each year in which the federal decennial census is
taken, whichever is later. Different compliance dates may be
set by the general assembly by joint resolution.
3. Each county board of supervisors or the temporary county
redistricting commission and city council shall immediately
notify the state commissioner and the commissioner when the
boundaries of election precincts are changed, and shall provide
a map showing the new boundary lines. Each county board or
the temporary county redistricting commission and city council
shall certify to the state commissioner the populations of
the new election precincts or retained election precincts as
determined by the latest federal decennial census. Materials
filed with the state commissioner shall be postmarked no later
than the deadline specified in this section .
4. If the state commissioner determines that a county
board or the temporary county redistricting commission or city
council has failed to make the required changes by the dates
specified by this section , the state commissioner shall make
or cause to be made the necessary changes as soon as possible.
The state commissioner shall assess to the county or city, as
the case may be, the expenses incurred in making the necessary
changes. The state commissioner may request the services
of personnel and materials available to the legislative
services agency to assist the state commissioner in making
required changes in election precincts which become the state
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commissioner’s responsibility.
5. Precinct boundaries shall become effective on January
15 of the second year following the year in which the census
was taken and shall be used for all subsequent elections.
Precinct boundaries drawn by the state commissioner shall be
incorporated into the ordinances of the city or county.
6. Changes made to precincts in years other than the year
following the year in which the federal decennial census is
taken shall be filed with the state commissioner as soon as
possible.
Sec. 13. Section 49.64, Code 2014, is amended to read as
follows:
49.64 Number of ballots delivered.
The commissioner shall cause ballots of the kind to be voted
in each precinct to be delivered to the precinct election
officials as follows: in
1. In general elections which are presidential elections at
least fifty-five ballots for every fifty votes, or fraction of
fifty votes, cast in the precinct at the last preceding general
election which was also a presidential election ; and in .
2. In general elections which are not presidential
elections, at least fifty-five ballots for every fifty votes,
or fraction of fifty votes, cast at the last preceding general
election which was not a presidential election.
Sec. 14. Section 53.37, subsections 1, 2, and 4, Code 2014,
are amended to read as follows:
1. This division subchapter is intended to implement the
federal Uniform Uniformed and Overseas Citizens Absentee Voting
Act, 42 U.S.C. § 1973ff et seq.
2. The term “armed forces of the United States” , as used in
this division subchapter , shall mean the army, navy, marine
corps, coast guard, and air force of the United States.
4. For the purposes of this division subchapter , “qualified
voter” means a person who is included within the term “armed
forces of the United States” as described in this section , who
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would be qualified to register to vote under section 48A.5,
subsection 2 , except for residency, and who is not disqualified
from registering to vote and voting under section 48A.6 .
Sec. 15. Section 70A.26, Code 2014, is amended to read as
follows:
70A.26 Disaster service volunteer leave.
An employee of an appointing authority who is a certified
disaster service volunteer of the American red cross may be
granted leave with pay from work for not more than fifteen
working days in any twelve-month period to participate in
disaster relief services for the American red cross at the
request of the American red cross for the services of that
employee and upon the approval of the employee’s appointing
authority without loss of seniority, pay, vacation time,
personal days, sick leave, insurance and health coverage
benefits, or earned overtime accumulation. The appointing
authority shall compensate an employee granted leave under this
section at the employee’s regular rate of pay for those regular
work hours during which the employee is absent from work. An
employee deemed to be on leave under this section shall not be
deemed to be an employee of the state for purposes of workers’
compensation. An employee deemed to be on leave under this
section shall not be deemed to be an employee of the state for
purposes of the Iowa tort claims Act , chapter 669 . Leave under
this section shall be granted only for services relating to a
disaster in the state of Iowa.
Sec. 16. Section 70A.39, subsection 4, Code 2014, is amended
to read as follows:
4. An employee deemed to be on leave under this section
shall not be deemed to be an employee of the state for purposes
of workers’ compensation or for purposes of the Iowa tort
claims Act , chapter 669 .
Sec. 17. Section 73A.21, subsection 6, paragraph h, Code
2014, is amended to read as follows:
h. The commissioner shall require a contractor or
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subcontractor to file, within ten days of receipt of a request,
any records enumerated in subsection 7 . If the contractor or
subcontractor fails to provide the requested records within ten
days, the commissioner may direct, within fifteen days after
the end of the ten-day period, that the fiscal or financial
office charged with the custody and disbursement of funds of
the public body that contracted for construction of the public
improvement or undertook the public improvement, to immediately
withhold from payment to the contractor or subcontractor
up to twenty-five percent of the amount to be paid to the
contractor or subcontractor under the terms of the contract
or written instrument under which the public improvement is
being performed. The amount withheld shall be immediately
released upon receipt by the public body of a notice from
the commissioner indicating that the request for records as
required by this section has been satisfied.
Sec. 18. Section 85.64, Code 2014, is amended to read as
follows:
85.64 Limitation of benefits.
1. If an employee who has previously lost, or lost the
use of, one hand, one arm, one foot, one leg, or one eye,
becomes permanently disabled by a compensable injury which has
resulted in the loss of or loss of use of another such member
or organ, the employer shall be liable only for the degree of
disability which would have resulted from the latter injury
if there had been no preexisting disability. In addition to
such compensation, and after the expiration of the full period
provided by law for the payments thereof by the employer,
the employee shall be paid out of the “Second Injury Fund”
created by this division subchapter the remainder of such
compensation as would be payable for the degree of permanent
disability involved after first deducting from such remainder
the compensable value of the previously lost member or organ.
2. Any benefits received by any such employee, or to which
the employee may be entitled, by reason of such increased
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disability from any state or federal fund or agency, to which
said employee has not directly contributed, shall be regarded
as a credit to any award made against said second injury fund
as aforesaid.
Sec. 19. Section 88.5, subsection 3, paragraph b,
subparagraphs (3) and (4), Code 2014, are amended to read as
follows:
(3) A statement of the steps the employer has taken and will
take (with , with specific dates) dates, to protect employees
against the hazard covered by the standard.
(4) A statement of when the employer expects to be able
to comply with the standard and what steps the employer
has taken and what steps the employer will take (with , with
dates specified) specified, to come into compliance with the
standard.
Sec. 20. Section 89.4, subsection 1, paragraph k,
subparagraph (3), Code 2014, is amended to read as follows:
(3) Water temperature in the boiler does not exceed three
hundred fifty 350 degrees Fahrenheit.
Sec. 21. Section 96.3, subsection 5, paragraph a, Code 2014,
is amended to read as follows:
a. Duration of benefits. The maximum total amount of
benefits payable to an eligible individual during a benefit
year shall not exceed the total of the wage credits accrued
to the individual’s account during the individual’s base
period, or twenty-six times the individual’s weekly benefit
amount, whichever is the lesser. The director shall maintain
a separate account for each individual who earns wages in
insured work. The director shall compute wage credits for each
individual by crediting the individual’s account with one-third
of the wages for insured work paid to the individual during
the individual’s base period. However, the director shall
recompute wage credits for an individual who is laid off due to
the individual’s employer going out of business at the factory,
establishment, or other premises at which the individual was
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last employed, by crediting the individual’s account with
one-half, instead of one-third, of the wages for insured work
paid to the individual during the individual’s base period.
Benefits paid to an eligible individual shall be charged
against the base period wage credits in the individual’s
account which have not been previously charged, in the inverse
chronological order as the wages on which the wage credits are
based were paid. However if the state “off indicator” “off”
indicator is in effect and if the individual is laid off due to
the individual’s employer going out of business at the factory,
establishment, or other premises at which the individual was
last employed, the maximum benefits payable shall be extended
to thirty-nine times the individual’s weekly benefit amount,
but not to exceed the total of the wage credits accrued to the
individual’s account.
Sec. 22. Section 96.11, subsection 10, paragraph b, Code
2014, is amended to read as follows:
b. In the administration of the provisions of section
96.29 which are enacted to conform with the requirements of
the Federal-State Extended Unemployment Compensation Act of
1970, the department shall take such action as may be necessary
to insure ensure that the provisions are so interpreted and
applied as to meet the requirements of such federal Act as
interpreted by the United States department of labor, and to
secure to this state the full reimbursement of the federal
share of extended benefits paid under this chapter that are
reimbursable under the federal Act.
Sec. 23. Section 99F.9, Code 2014, is amended to read as
follows:
99F.9 Wagering —— age restrictions.
1. Except as permitted in this section , the licensee shall
permit no form of wagering on gambling games.
2. Reserved.
3. 2. The licensee may receive wagers only from a person
present on a licensed excursion gambling boat, licensed
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gambling structure, or in a licensed racetrack enclosure.
4. 3. The licensee shall exchange the money of each wagerer
for tokens, chips, or other forms of credit to be wagered on
the gambling games. However, nickels and quarters of legal
tender may be used for wagering in lieu of tokens or other
forms of credit. The licensee shall exchange the gambling
tokens, chips, or other forms of wagering credit for money at
the request of the wagerer.
5. 4. A person under the age of twenty-one years shall not
make or attempt to make a wager on an excursion gambling boat,
gambling structure, or in a racetrack enclosure and shall not
be allowed on the gaming floor of an excursion gambling boat
or gambling structure or in the wagering area, as defined in
section 99D.2 , or on the gaming floor of a racetrack enclosure.
However, a person eighteen years of age or older may be
employed to work on the gaming floor of an excursion gambling
boat or gambling structure or in the wagering area or on the
gaming floor of a racetrack enclosure. A person who violates
this subsection with respect to making or attempting to make
a wager commits a scheduled violation under section 805.8C,
subsection 5 , paragraph “a” .
6. 5. a. A person under the age of twenty-one years shall
not enter or attempt to enter the gaming floor or wagering
area, as defined in section 99D.2 , of a facility licensed under
this chapter to operate gambling games.
b. A person under the age of twenty-one years does not
violate this subsection if any of the following circumstances
apply:
(1) The person is employed to work at the facility.
(2) The person is an employee or agent of the commission,
the division, a distributor, or a manufacturer, and acting
within the scope of the person’s employment.
(3) The person is present in a racetrack enclosure and does
not enter or attempt to enter the gaming floor or wagering area
of the facility.
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c. A person who violates this subsection commits a simple
misdemeanor punishable as a scheduled violation under section
805.8C, subsection 5 , paragraph “b” .
7. 6. A licensee shall not accept a credit card as defined
in section 537.1301, subsection 17 , to purchase coins, tokens,
or other forms of credit to be wagered on gambling games.
Sec. 24. Section 99F.11, subsection 3, paragraph d,
subparagraph (3), Code 2014, is amended to read as follows:
(3) One-half of the moneys remaining after the
appropriation in subparagraph (1) shall be credited, on a
quarterly basis, to the rebuild Iowa infrastructure fund
created in section 8.57 .
Sec. 25. Section 101A.7, Code 2014, is amended to read as
follows:
101A.7 Inspection of storage facility.
1. The licensee’s or permittee’s explosive storage facility
shall be inspected at least once a year by a representative of
the state fire marshal’s office, except that the state fire
marshal may, at those mining operations licensed and regulated
by the United States department of labor, accept an approved
inspection report issued by the United States department
of labor, mine safety and health administration, for the
twelve-month period following the issuance of the report. The
state fire marshal shall notify the appropriate city or county
governing board of licenses to be issued in their respective
jurisdictions pursuant to this chapter . The notification shall
contain the name of the applicant to be licensed, the location
of the facilities to be used in storing explosives, the types
and quantities of explosive materials to be stored, and other
information deemed necessary by either the governing boards
or the state fire marshal. The facility may be examined at
other times by the sheriff of the county where the facility is
located or by the local police authority if the facility is
located within a city of over ten thousand population and if
the sheriff or city council considers it necessary.
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2. If the state fire marshal finds the facility to be
improperly secured, the licensee or permittee shall immediately
correct the improper security and, if not so corrected, the
state fire marshal shall immediately confiscate the stored
explosives. Explosives may be confiscated by the county
sheriff or local police authority only if a situation that
is discovered during an examination by those authorities is
deemed to present an immediate danger. If the explosives are
confiscated by the county sheriff or local police authority,
they shall be delivered to the state fire marshal. The state
fire marshal shall hold confiscated explosives for a period of
thirty days under proper security unless the period of holding
is shortened pursuant to this section .
3. If the licensee or permittee corrects the improper
security within the thirty-day period, the explosives shall
be returned to the licensee or permittee after correction and
after the licensee or permittee has paid to the state an amount
equal to the expense incurred by the state in storing the
explosives during the period of confiscation. The amount of
expense shall be determined by the state fire marshal.
4. If the improper security is not corrected during the
thirty-day period, the state fire marshal shall dispose of the
explosives and the license or permit shall be canceled. A
canceled license or permit shall not be reissued for a period
of two years from the date of cancellation.
Sec. 26. Section 123.41, subsection 1, Code 2014, is amended
to read as follows:
1. Each application to obtain or renew a manufacturer’s
license shall be submitted to the division electronically,
or in a manner prescribed by the administrator, and shall be
accompanied by a fee of three hundred fifty dollars payable to
the division. The administrator may in accordance with this
chapter grant and issue to a manufacturer a manufacturer’s
license, valid for a one-year period after date of issuance,
to a manufacturer which shall allow the manufacture, storage,
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and wholesale disposition and sale of alcoholic liquors to the
division and to customers outside of the state.
Sec. 27. Section 123.50, subsection 2, Code 2014, is amended
to read as follows:
2. The conviction of any liquor control licensee, wine
permittee, or beer permittee for a violation of any of the
provisions of section 123.49 , subject to subsection 3 of this
section , is grounds for the suspension or revocation of the
license or permit by the division or the local authority.
However, if any liquor control licensee is convicted of any
violation of section 123.49, subsection 2 , paragraph “a” ,
“d” , or “e” , of that section, or any wine or beer permittee
is convicted of a violation of section 123.49, subsection
2, paragraph “a” or “e” of that section , the liquor control
license, wine permit, or beer permit shall be revoked and shall
immediately be surrendered by the holder, and the bond, if
any, of the license or permit holder shall be forfeited to the
division.
Sec. 28. Section 124.201, subsection 4, Code 2014, is
amended to read as follows:
4. If any new substance is designated as a controlled
substance under federal law and notice of the designation is
given to the board, the board shall similarly designate as
controlled the new substance under this chapter after the
expiration of thirty days from publication in the Federal
Register federal register of a final order designating a
new substance as a controlled substance, unless within that
thirty-day period the board objects to the new designation. In
that case the board shall publish the reasons for objection
and afford all interested parties an opportunity to be heard.
At the conclusion of the hearing the board shall announce its
decision. Upon publication of objection to a new substance
being designated as a controlled substance under this chapter
by the board, control under this chapter is stayed until the
board publishes its decision. If a substance is designated as
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controlled by the board under this subsection the control shall
be temporary and if, within sixty days after the next regular
session of the general assembly convenes, the general assembly
has not made the corresponding changes in this chapter , the
temporary designation of control of the substance by the board
shall be nullified.
Sec. 29. Section 135.64, subsection 3, Code 2014, is amended
to read as follows:
3. In the evaluation of applications for certificates
of need submitted by the university hospital at of Iowa
City hospitals and clinics , the unique features of that
institution relating to statewide tertiary health care, health
science education, and clinical research shall be given due
consideration. Further, in administering this division , the
unique capacity of university hospitals for the evaluation
of technologically innovative equipment and other new health
services shall be utilized.
Sec. 30. Section 135.152, subsection 5, paragraph c, Code
2014, is amended to read as follows:
c. The department, in cooperation with the department of
human services, shall develop a standardized application form
for the program and shall coordinate the determination of
eligibility for the medical assistance and medically needy
programs under chapter 249A , and for the obstetrical and
newborn indigent patient care program.
Sec. 31. Section 135B.34, subsection 2, paragraph b,
subparagraph (1), Code 2014, is amended to read as follows:
(1) If a person being considered for employment, other than
employment involving the operation of a motor vehicle, has
been convicted of a crime listed in subparagraph (2) but does
not have a record of founded child or dependent adult abuse
and the hospital has requested an evaluation in accordance
with paragraph “a” to determine whether the crime warrants
prohibition of the person’s employment, the hospital may employ
the person for not more than sixty calendar days pending
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completion of the evaluation.
Sec. 32. Section 137F.1, subsection 12, paragraph c, Code
2014, is amended to read as follows:
c. A food with a hydrogen ion concentration (pH) level of
4.6 or below when measured at twenty-four 24 degrees Centigrade
or seventy-five 75 degrees Fahrenheit.
Sec. 33. Section 163.4, Code 2014, is amended to read as
follows:
163.4 Powers of assistants.
Such assistant Assistant veterinarians shall have power,
under the direction of the department, to perform all acts
necessary to carry out the provisions of law relating to
infectious and contagious diseases among animals, and shall be
furnished by the department with the necessary supplies and
materials which shall be paid for out of the appropriation for
the eradication of infectious and contagious diseases among
animals.
Sec. 34. Section 163.5, Code 2014, is amended to read as
follows:
163.5 Oaths.
Such assistant Assistant veterinarians shall have power to
administer oaths and affirmations to appraisers acting under
this and the following chapters of this subtitle.
Sec. 35. Section 163.27, subsection 1, Code 2014, is amended
to read as follows:
1. Garbage shall not be fed to an animal unless such garbage
has been heated to a temperature of two hundred twelve 212
degrees Fahrenheit for thirty minutes, or other acceptable
method, as provided by rules adopted by the department.
However, this requirement shall not apply to an individual who
feeds to the individual’s own animals only the garbage obtained
from the individual’s own household.
Sec. 36. Section 175.5, unnumbered paragraph 1, Code 2014,
is amended to read as follows:
In the performance of its duties, implementation of its
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powers, and the selection of specific programs and projects to
receive its assistance under this chapter , the authority shall
be guided by the following principles:
Sec. 37. Section 176A.10, subsection 2, Code 2014, is
amended to read as follows:
2. An extension council of an extension district may choose
to be subject to the levy and revenue limits specified in
subparagraphs (2) of subsection 1 , paragraphs paragraph “a”
through , subparagraph (2), paragraph “b” , subparagraph (2),
paragraph “c” , subparagraph (2), and paragraph “d” , subparagraph
(2) and subsection 1 , paragraph “e” , for the purpose of the
annual levy for the fiscal year commencing July 1, 1991, which
levy is payable in the fiscal year beginning July 1, 1992.
Before an extension district may be subject to the levy and
revenue limits specified in subparagraphs (2) of subsection 1 ,
paragraphs paragraph “a” through , subparagraph (2), paragraph
“b” , subparagraph (2), paragraph “c” , subparagraph (2), and
paragraph “d” , subparagraph (2) and subsection 1 , paragraph
“e” , for fiscal years beginning on or after July 1, 1992, which
levy is payable in fiscal years beginning on or after July 1,
1993, the question of whether the district shall be subject to
the levy and revenue limits as specified in such paragraphs
must be submitted to the registered voters of the district.
The question shall be submitted at the time of a general
election. If the question is approved by a majority of those
voting on the question the levy and revenue limits specified
in subparagraphs (2) of subsection 1 , paragraphs paragraph “a”
through , subparagraph (2), paragraph “b” , subparagraph (2),
paragraph “c” , subparagraph (2), and paragraph “d” , subparagraph
(2) and subsection 1 , paragraph “e” , shall thereafter apply to
the extension district. The question need only be approved at
one general election. If a majority of those voting on the
question vote against the question, the district may continue
to submit the question at subsequent general elections until
approved.
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Sec. 38. Section 185C.6, subsection 2, Code 2014, is amended
to read as follows:
2. Three board elected directors. Each such director shall
be elected by the board. The candidate receiving the highest
number of votes by the board shall be elected to represent the
state on an at-large basis.
Sec. 39. Section 189A.2, subsections 7 and 8, Code 2014, are
amended to read as follows:
7. “Federal Food, Drug, and Cosmetic Act” means the Act so
entitled, approved June 25, 1938 (52 , 52 Stat. 1040) 1040 , and
Acts amendatory thereof or supplementary thereto.
8. “Federal Meat Inspection Act” means the Act so entitled
approved March 4, 1907 (34 , 34 Stat. 1260) 1260 , as amended by
the Wholesome Meat Act (81 , 81 Stat. 584) 584 ; “Federal Poultry
Products Inspection Act” means the Act so entitled approved
August 28, 1957 (71 , 71 Stat. 441) 441 , as amended by the
Wholesome Poultry Products Act (82 , 82 Stat. 791) 791 ; and
“federal Acts” means these two federal laws.
Sec. 40. Section 196.8, subsection 1, Code 2014, is amended
to read as follows:
1. All eggs offered for sale to an establishment must be
no lower than United States department of agriculture consumer
grade “B”. From the time of candling and grading until they
reach the consumer, all eggs designated for human consumption
shall be held at a temperature not to exceed forty-five
45 degrees Fahrenheit or seven 7 degrees Celsius ambient
temperature. The forty-five 45 degrees Fahrenheit or seven 7
degrees Celsius ambient temperature requirement applies to any
place or room in which eggs are stored, except inside a vehicle
during transportation where the ambient temperature may exceed
forty-five 45 degrees Fahrenheit or seven 7 degrees Celsius,
provided the transport vehicle is equipped with refrigeration
units capable of delivering air at a temperature not greater
than forty-five 45 degrees Fahrenheit or seven 7 degrees
Celsius and capable of cooling the vehicle to a temperature
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not greater than forty-five 45 degrees Fahrenheit or seven 7
degrees Celsius. All shell eggs shall be kept from freezing.
Sec. 41. Section 203C.3, subsection 7, Code 2014, is amended
to read as follows:
7. The actions of the department in connection with
petitioning for appointment as a receiver, and all actions
pursuant to such appointment shall not be subject to the
provisions of the administrative procedure Act , chapter 17A .
Sec. 42. Section 203C.28, Code 2014, is amended to read as
follows:
203C.28 Tariff rates.
1. A warehouse operator shall, at the time of application
for a license, file a tariff with the department which shall
contain rates to be charged for receiving, storage, and
load-out of grain. The tariff shall be posted in a conspicuous
place at the place of business of the licensee in a form
prescribed by the department and shall become effective at the
time the license becomes effective.
2. Storage charges shall commence on the date of delivery to
the warehouse. Storage, receiving, or load-out charges other
than those specified in the tariff may be made if the charge
is required by the terms of a written contract with the United
States government or any of its subdivisions or agencies.
3. Grain deposited with the warehouse for the sole purpose
of processing and redelivery to the depositor is subject only
to the charges listed under the grain bank section of the
tariff. Drying and cleaning of grain shall not be construed
as processing.
4. A tariff may be amended at any time and is effective
immediately, except that grain in store on the effective date
of a storage charge increase does not assume the increased rate
until the subsequent anniversary date of deposit. Any decrease
in storage rates shall be effective immediately and shall be
applicable to all grain in store on the effective date of the
decrease.
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5. A warehouse operator may file with the department and
publish the supplemental tariff applicable only to grain
meeting special descriptive standards or characteristics as
set forth in the supplemental tariff. A supplemental tariff
shall be in a form prescribed by the department and be posted
adjacent to the warehouse tariff.
6. All tariff charges shall be nondiscriminatory within
classes.
Sec. 43. Section 207.4, subsections 1 and 5, Code 2014, are
amended to read as follows:
1. a. Prior to beginning mining or removal of overburden
at mining site, an operator shall obtain a permit from the
division for the site. Application for a permit shall be made
upon a form provided by the division. The permit fee shall be
established by the division in an amount not to exceed the cost
of administering the permit provisions of this chapter .
b. The application shall include , but not be limited to:
a. (1) A legal description of the land where the site is
located and the estimated number of acres affected.
b. (2) A statement explaining the authority of the
applicant’s legal right to operate a mine on the land.
c. (3) A reclamation plan meeting the requirements of this
chapter .
d. (4) A determination by an appropriate state or federal
agency of the probable hydrologic consequences of the mining
and reclamation operations, both on and off the mine site,
with respect to the hydrologic regime, quantity, and quality
of water in surface and groundwater systems including the
dissolved and suspended solids under seasonal flow conditions
and the collection of sufficient data for the mine site and
surrounding areas so that an assessment can be made by the
division of the probable cumulative impacts of all anticipated
mining in the area upon the hydrology of the area and
particularly upon water availability. If the division finds
that the probable total annual production at all locations of
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a coal mining operator will not exceed one hundred thousand
tons, the determination of probable hydrologic consequences and
a statement of the result of test borings on core samplings
which the division may require shall upon the written request
of the operator be performed by a qualified public or private
laboratory designated by the division and the cost of the
preparation of the determination and statement shall be assumed
by the division.
5. a. A permit renewal shall be for a term not to exceed
the period of the original permit.
b. Application for renewal shall be made at least one
hundred twenty days prior to the expiration of the permit.
Prior to the approval of a renewal of permit the division shall
provide notice to the appropriate public authorities.
Sec. 44. Section 215.20, subsections 1 and 2, Code 2014, are
amended to read as follows:
1. All liquefied petroleum gas, including but not limited
to propane, butane, and mixtures of them, shall be kept,
offered, exposed for sale, or sold by the pound, metered cubic
foot of vapor, defined as one cubic foot at sixty 60 degrees
Fahrenheit, or by the gallon, defined as two hundred thirty-one
cubic inches at sixty 60 degrees Fahrenheit.
2. All metered sales exceeding one hundred gallons
shall be corrected to a temperature of sixty 60 degrees
Fahrenheit through use of an approved meter with a sealed
automatic compensation mechanism. All sale tickets for sales
exceeding one hundred gallons shall show the stamped delivered
gallons and shall state that the temperature correction was
automatically made.
Sec. 45. Section 225C.12, subsection 2, Code 2014, is
amended to read as follows:
2. A county may claim reimbursement by filing with the
administrator a claim in a form prescribed by the administrator
by rule. Claims may be filed on a quarterly basis, and when
received shall be verified as soon as reasonably possible by
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the administrator. The administrator shall certify to the
director of the department of administrative services the
amount to which each county claiming reimbursement is entitled,
and the director of the department of administrative services
shall issue warrants to the respective counties drawn upon
funds appropriated by the general assembly for the purpose of
this section . A county shall place funds received under this
section in the county mental health , intellectual disability,
and developmental disabilities services fund created under
section 331.424A . If the appropriation for a fiscal year is
insufficient to pay all claims arising under this section , the
director of the department of administrative services shall
prorate the funds appropriated for that year among the claimant
counties so that an equal proportion of each county’s claim is
paid in each quarter for which proration is necessary.
Sec. 46. Section 225C.32, Code 2014, is amended to read as
follows:
225C.32 Plan appeals process.
The department shall establish an appeals process by which
a mental health , intellectual disability, and developmental
disabilities services coordinating board or an affected party
may appeal a decision of the department or of the coordinating
board.
Sec. 47. Section 226.9C, subsection 2, paragraph a, Code
2014, is amended to read as follows:
a. A county may split the charges between the county’s
mental health , intellectual disability, and developmental
disabilities services fund created pursuant to section 331.424A
and the county’s budget for substance abuse expenditures.
Sec. 48. Section 227.2, subsection 2, Code 2014, is amended
to read as follows:
2. A copy of the written report prescribed by subsection 1
shall be furnished to the county board of supervisors, to the
county mental health and intellectual disability disabilities
services coordinating board or to its advisory board if
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the county board of supervisors constitutes ex officio the
coordinating board, to the administrator of the county care
facility inspected and to its certified volunteer long-term
care ombudsman, and to the department on aging.
Sec. 49. Section 229.21, subsection 2, Code 2014, is amended
to read as follows:
2. When an application for involuntary hospitalization
under section 229.6 or for involuntary commitment or treatment
of persons with substance-related disorders under section 229.6
or 125.75 is filed with the clerk of the district court in any
county for which a judicial hospitalization referee has been
appointed, and no district judge, district associate judge, or
magistrate who is admitted to the practice of law in this state
is accessible, the clerk shall immediately notify the referee
in the manner required by section 229.7 or section 125.77 . The
referee shall discharge all of the duties imposed upon the
court by sections 229.7 to 229.22 or sections 125.75 to 125.94
in the proceeding so initiated. Subject to the provisions
of subsection 4 , orders issued by a referee, in discharge of
duties imposed under this section , shall have the same force
and effect as if ordered by a district judge. However, any
commitment to a facility regulated and operated under chapter
135C shall be in accordance with section 135C.23 .
Sec. 50. Section 231.23A, subsection 4, Code 2014, is
amended to read as follows:
4. The aging and disability resource center program .
Sec. 51. Section 232.7, subsection 2, Code 2014, is amended
to read as follows:
2. In any proceeding held or action taken under this chapter
involving an Indian child, the applicable requirements of the
federal Adoption and Safe Families Act of 1999 1997 , Pub. L.
No. 105-89, shall be applied to the proceeding or action in a
manner that complies with chapter 232B and the federal Indian
Child Welfare Act, Pub. L. No. 95-608.
Sec. 52. Section 232.175, Code 2014, is amended to read as
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follows:
232.175 Placement oversight.
Placement oversight shall be provided pursuant to this
division when the parent, guardian, or custodian of a child
with an intellectual disability or other developmental
disability requests placement of the child in foster family
care for a period of more than thirty days. The oversight
shall be provided through review of the placement every six
months by the department’s foster care review committees or
by a local citizen foster care review board. Court oversight
shall be provided prior to the initial placement and at
periodic intervals which shall not exceed twelve months. It
is the purpose and policy of this division to ensure the
existence of oversight safeguards as required by the federal
Adoption Assistance and Child Welfare Act of 1980, Pub. L. No.
96-272, as codified in 42 U.S.C. § 671(a)(16), 627(a)(2)(B),
and 675(1),(5), while maintaining parental decision-making
authority.
Sec. 53. Section 232.178, subsection 1, Code 2014, is
amended to read as follows:
1. For a placement initiated on or after July 1, 1992,
the department shall file a petition to initiate a voluntary
placement proceeding prior to the child’s placement in
accordance with criteria established pursuant to the federal
Adoption Assistance and Child Welfare Act of 1980, Pub. L. No.
96-272, as codified in 42 U.S.C. § 627(a). For a placement
initiated before July 1, 1992, the department shall file a
petition to approve placement on or before September 1, 1992.
Sec. 54. Section 235A.18, subsection 1, paragraph a,
subparagraph (3), subparagraph division (b), Code 2014, is
amended to read as follows:
(b) Subparagraph division (a) shall not apply, and the
name of a person named in the initial data as having abused a
child shall remain in the registry as described in subparagraph
(1), if the department determined in the initial report
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and disposition data that the person committed child abuse
as defined in section 232.68, subsection 2 , paragraph “a” ,
subparagraph (1), (4), or (6), and the child abuse resulted in
the child’s death or a serious injury.
Sec. 55. Section 249A.26, subsection 8, Code 2014, is
amended to read as follows:
8. Notwithstanding section 8.39 , the department may
transfer funds appropriated for the medical assistance program
to a separate account established in the department’s case
management unit in an amount necessary to pay for expenditures
required to provide case management for mental health ,
intellectual disability, and developmental disabilities
services under the medical assistance program which are jointly
funded by the state and county, pending final settlement of the
expenditures. Funds received by the case management unit in
settlement of the expenditures shall be used to replace the
transferred funds and are available for the purposes for which
the funds were originally appropriated.
Sec. 56. Section 252.13, Code 2014, is amended to read as
follows:
252.13 Recovery by county.
1. Any county having expended money for the assistance or
support of a poor person under this chapter , may recover the
money from any of the following: from
a. From the poor person if the person becomes able, or from
the person’s estate ; from .
b. From relatives by action brought within two years from
the payment of the assistance or support , from .
c. From the poor person by action brought within two years
after the person becomes able , and from .
d. From the person’s estate by filing the claim as provided
by law.
2. There shall be allowed against the person’s estate a
claim of the sixth class for that portion of the liability to
the county which exceeds the total amount of all claims of
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the first through the fifth classes, inclusive, as defined in
section 633.425 , which are allowed against that estate.
Sec. 57. Section 252B.4, subsection 5, paragraph b, Code
2014, is amended to read as follows:
b. A foreign reciprocating country or foreign country with
which the state has an arrangement as provided in 42 U.S.C.
§ 659A §659a .
Sec. 58. Section 252B.13A, subsection 2, paragraph a, Code
2014, is amended to read as follows:
a. The collection services center shall meet the
requirements for a state disbursement unit pursuant to 42
U.S.C. § 654B §654b , section 252B.14 , and this section by
October 1, 1999.
Sec. 59. Section 252B.13A, subsection 2, paragraph b,
subparagraph (4), Code 2014, is amended to read as follows:
(4) Furnishing, upon request, timely information on the
current status of support payments as provided in 42 U.S.C.
§ 654B(b)(4) §654b(b)(4) , in a manner consistent with state
law.
Sec. 60. Section 252B.24, subsection 1, unnumbered
paragraph 1, Code 2014, is amended to read as follows:
Beginning October 1, 1998, the unit shall operate a state
case registry to the extent determined by applicable time
frames and other provisions of 42 U.S.C. § 654A(e) §654a(e)
and this section . The unit and the judicial branch shall
enter into a cooperative agreement for the establishment and
operation of the registry by the unit. The state case registry
shall include records with respect to all of the following:
Sec. 61. Section 252B.24, subsection 2, paragraphs a and c,
Code 2014, are amended to read as follows:
a. Provision to the unit of information, orders, and
documents necessary for the unit to meet requirements described
in 42 U.S.C. § 654A(e) §654a(e) and this section .
c. Use of automation, as appropriate, to meet the
requirements described in 42 U.S.C. § 654A(e) §654a(e) and this
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section .
Sec. 62. Section 256.35, Code 2014, is amended to read as
follows:
256.35 Regional autism assistance program.
The department shall establish a regional autism assistance
program, to be administered by the child health specialty
clinic clinics of the university of Iowa hospitals and clinics.
The program shall be designed to coordinate educational,
medical, and other human services for persons with autism,
their parents, and providers of services to persons with
autism. The function of the program shall include, but is
not limited to, the coordination of diagnostic and assessment
services, the maintaining of a research base, coordination
of in-service training, providing technical assistance, and
providing consultation.
Sec. 63. Section 256.39, subsection 2, paragraph a, Code
2014, is amended to read as follows:
a. Measure Measurement of the employability skills of
students. Employability skills shall include, but are not
limited to, reading for information, applied mathematics,
listening, and writing.
Sec. 64. Section 256F.2, subsection 6, Code 2014, is amended
to read as follows:
6. “Innovation zone consortium” means a consortium of two or
more school districts and an area education agency in which one
or more of the school districts is are located, that receives
approval to establish an innovation zone school pursuant to
this chapter . In addition, the innovation zone consortium
may receive technical assistance from an accredited higher
education institution.
Sec. 65. Section 257.31, subsection 14, paragraph b,
subparagraph (2), Code 2014, is amended to read as follows:
(2) There is appropriated from the general fund of the
state to the school budget review committee for each fiscal
year an amount equal to the state aid portion of five percent
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of the receipts for special education instruction programs in
all districts that has have a positive balance determined under
paragraph “a” for the base year, or the state aid portion of all
of the positive balances determined under paragraph “a” for the
base year, whichever is less, to be used for supplemental aid
payments to school districts. Except as otherwise provided in
this lettered paragraph “b” , supplemental aid paid to a district
is equal to the state aid portion of the district’s negative
balance. The school budget review committee shall direct the
director of the department of management to make the payments
to school districts under this lettered paragraph “b” .
Sec. 66. Section 258.16, subsection 3, paragraph c, Code
2014, is amended to read as follows:
c. Provide for development of a five-year plan addressing
the delivery of quality vocational education instructional
programs pursuant to section 256.11, subsection 4 , and section
256.11, subsection 5 , paragraph “h” , and section 260C.14,
subsection 1 . The plan shall be updated annually.
Sec. 67. Section 260C.18A, subsection 2, paragraph c, Code
2014, is amended to read as follows:
c. For the development and implementation of career
academies designed to provide new career preparation
opportunities for high school students that are formally
linked with postsecondary career and technical education
programs. For purposes of this section , “career academy”
means a program of study that combines a minimum of two
years of secondary education with an associate degree, or the
equivalent, career preparatory program in a nonduplicative,
sequential course of study that is standards based, integrates
academic and technical instruction, utilizes work-based and
worksite learning where appropriate and available, utilizes an
individual career planning process with parent involvement,
and leads to an associate degree or postsecondary diploma or
certificate in a career field that prepares an individual for
entry and advancement in a high-skill and reward career field
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and further education. The state board, in conjunction with
the division of community colleges and workforce preparation
of the department of education , shall adopt administrative
rules for the development and implementation of such career
academies pursuant to section 256.11, subsection 5 , paragraph
“h” , section 260C.1 , and Tit. II of Pub. L. No. 105-332, Carl D.
Perkins Vocational and Technical Education Act of 1998.
Sec. 68. Section 260C.58, Code 2014, is amended to read as
follows:
260C.58 Bonds or notes.
1. To pay all or any part of the cost of carrying out any
project at any institution the board is authorized to borrow
money and to issue and sell negotiable bonds or notes and to
refund and refinance bonds or notes issued for any project or
for refunding purposes at a lower rate, the same rate, or a
higher rate or rates of interest and from time to time as often
as the board shall find it to be advisable and necessary so
to do. Bonds or notes issued by the board for residence hall
or dormitory purposes at any institution, including dining
or other facilities and additions, or issued for refunding
purposes, may either be sold in the manner specified for the
selling of certificates under section 260E.6 and the proceeds
applied to the payment of the obligations being refunded,
or the refunding bonds or notes may be exchanged for and in
payment and discharge of the obligations being refunded. A
finding by the board in the resolution authorizing the issuance
of the refunding bonds or notes, that the bonds or notes being
refunded were issued for a purpose specified in this division
subchapter and constitute binding obligations of the board,
shall be conclusive and may be relied upon by any holder of
any refunding bond or note issued under the provisions of this
division subchapter . The refunding bonds or notes may be sold
or exchanged in installments at different times or an entire
issue or series may be sold or exchanged at one time. Any issue
or series of refunding bonds or notes may be exchanged in part
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or sold in parts in installments at different times or at one
time. The refunding bonds or notes may be sold or exchanged
at any time on, before, or after the maturity of any of the
outstanding notes, bonds or other obligations to be refinanced
thereby and may be issued for the purpose of refunding a like
or greater principal amount of bonds or notes, except that the
principal amount of the refunding bonds or notes may exceed
the principal amount of the bonds or notes to be refunded to
the extent necessary to pay any premium due on the call of the
bonds or notes to be refunded, to fund interest in arrears or
about to become due, or to allow for sufficient funding of the
escrow account on the bonds to be refunded.
2. All bonds or notes issued under the provisions of this
division subchapter shall be payable from and shall be secured
by an irrevocable first lien pledge of a sufficient portion
of the following: the net rents, profits and income derived
from the operation of residence halls, dormitories, dining or
other incidental facilities and additions, including necessary
real and personal property, acquired or improved in whole or
in part with the proceeds of such bonds or notes, regardless
of the manner of such acquisition or improvement; and the
net rents, profits and income not pledged for other purposes
derived from the operation of any other residence halls or
dormitories, including dining or other incidental facilities
and additions, at the particular institution. In addition, the
board may secure any bonds or notes issued by borrowing money,
by mortgaging any real estate or improvements erected on real
estate, or by pledging rents, profits, and income received from
property for the discharge of mortgages. All bonds or notes
issued under the provisions of this division subchapter shall
have all the qualities of negotiable instruments under the laws
of this state.
Sec. 69. Section 260C.62, Code 2014, is amended to read as
follows:
260C.62 Accounts.
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1. A certified copy of each resolution providing for the
issuance of bonds or notes under this division subchapter shall
be filed with the treasurer of the institution on behalf of
which the bonds or notes are issued and the treasurer shall
keep and maintain separate accounts for each issue of bonds
or notes in accordance with the covenants and directions
set out in the resolution providing for the issuance of the
bonds or notes. All rates, fees, or rentals collected for
the use of and services provided by the residence halls and
dormitories, including dining and other incidental facilities,
at each institution shall be held in trust by the treasurer,
separate and apart from all other funds, to be used only for
the purposes specified in this division subchapter and as may
be required and provided for by the proceedings of the board
authorizing the issuance of bonds or notes. The treasurer of
each institution shall disburse funds from the proper account
for the payment of the principal of and interest on the bonds
or notes in accordance with the directions and covenants of the
resolution authorizing the issuance of the bonds or notes.
2. If the amount of bonds or notes issued under this chapter
exceeds the actual costs of the projects for which the bonds or
notes were issued, the amount of the difference shall be used
to pay the principal and interest due on bonds or notes issued
under this chapter .
Sec. 70. Section 260F.6, subsection 2, Code 2014, is amended
to read as follows:
2. To provide funds for the present payment of the costs
of a training program by the business, the community college
may provide to the business an advance of the moneys to be used
to pay for the program costs as provided in the agreement. To
receive the funds for this advance from the job training fund
established in subsection 1 , the community college shall submit
an application to the economic development authority. The
amount of the advance shall not exceed fifty thousand dollars
for any business site, or one hundred thousand dollars within
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a three-fiscal-year period for any business site. If the
project involves a consortium of businesses, the maximum award
per project shall not exceed one hundred thousand dollars.
Participation in a consortium does not affect a business
site’s eligibility for individual project assistance. Prior
to approval a business shall agree to match program amounts in
accordance with criteria established by the authority.
Sec. 71. Section 260F.6B, Code 2014, is amended to read as
follows:
260F.6B High technology apprenticeship program.
The community colleges and the economic development
authority are authorized to fund high technology apprenticeship
programs which comply with the requirements specified in
section 260C.44 and which may include both new and statewide
apprenticeship programs. Notwithstanding the provisions
of section 260F.6, subsection 2 , relating to maximum award
amounts, moneys allocated to the community colleges with high
technology apprenticeship programs shall be distributed to the
community colleges based upon contact hours under the programs
administered during the prior fiscal year as determined by the
department of education. The economic development authority
shall adopt rules governing this section ’s operation and
participant eligibility.
Sec. 72. Section 260F.7, Code 2014, is amended to read as
follows:
260F.7 Economic development authority Authority to
coordinate.
The economic development authority, in consultation with
the department of education and the department of workforce
development, shall coordinate the jobs training program. A
project shall not be funded under this chapter unless the
economic development authority approves the project. The
authority shall adopt rules pursuant to chapter 17A governing
the program’s operation and eligibility for participation in
the program. The authority shall establish by rule criteria
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for determining what constitutes an eligible business.
Sec. 73. Section 261.19, subsections 1 and 2, Code 2014, are
amended to read as follows:
1. A health care professional recruitment program is
established to be administered by the college student aid
commission for Des Moines university —— osteopathic medical
center . The program shall consist of a loan repayment program
for health care professionals. The commission shall regularly
adjust the service requirement under each aspect of the program
to provide, to the extent possible, an equal financial benefit
for each period of service required.
2. A health care professional shall be eligible for the
loan repayment program if the health care professional agrees
to practice in an eligible rural community in this state. Des
Moines university —— osteopathic medical center shall recruit
and place health care professionals in rural communities which
have agreed to provide additional funds for the recipient’s
loan repayment. The contract for the loan repayment shall
stipulate the time period the recipient shall practice in an
eligible rural community in this state. In addition, the
contract shall stipulate that the recipient repay any funds
paid on the recipient’s loan by the commission if the recipient
fails to practice in an eligible rural community in this state
for the required period of time.
Sec. 74. Section 262.57, Code 2014, is amended to read as
follows:
262.57 Bonds or notes.
1. To pay all or any part of the cost of carrying out any
project at any institution the board is authorized to borrow
money and to issue and sell negotiable bonds or notes and
to refund and refinance bonds or notes heretofore issued or
as may be hereafter issued for any project or for refunding
purposes at a lower rate, the same rate, or a higher rate or
rates of interest and from time to time as often as the board
shall find it to be advisable and necessary so to do. Such
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bonds or notes may be sold by said board at public sale in
the manner prescribed by chapter 75 , but if the board shall
find it to be advantageous and in the public interest to do
so, such bonds or notes may be sold by the board at private
sale without published notice of any kind and without regard
to the requirements of chapter 75 in such manner and upon such
terms as may be prescribed by the resolution authorizing the
same. Bonds or notes issued to refund other bonds or notes
heretofore or hereafter issued by the board for residence hall
or dormitory purposes at any institution, including dining or
other facilities and additions, or heretofore or hereafter
issued for refunding purposes, may either be sold in the
manner hereinbefore specified and the proceeds thereof applied
to the payment of the obligations being refunded, or the
refunding bonds or notes may be exchanged for and in payment
and discharge of the obligations being refunded, and a finding
by the board in the resolution authorizing the issuance of
such refunding bonds or notes that the bonds or notes being
refunded were issued for a purpose specified in this division
subchapter and constitute binding obligations of the board
shall be conclusive and may be relied upon by any holder of
any refunding bond or note issued under the provisions of this
division subchapter . The refunding bonds or notes may be sold
or exchanged in installments at different times or an entire
issue or series may be sold or exchanged at one time. Any issue
or series of refunding bonds or notes may be exchanged in part
or sold in parts in installments at different times or at one
time. The refunding bonds or notes may be sold or exchanged
at any time on, before, or after the maturity of any of the
outstanding notes, bonds, or other obligations to be refinanced
thereby and may be issued for the purpose of refunding a like
or greater principal amount of bonds or notes, except that the
principal amount of the refunding bonds or notes may exceed
the principal amount of the bonds or notes to be refunded to
the extent necessary to pay any premium due on the call of the
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bonds or notes to be refunded or to fund interest in arrears or
about to become due.
2. All bonds or notes issued under the provision of this
division subchapter shall be payable solely and only from and
shall be secured by an irrevocable pledge of a sufficient
portion of the net rents, profits and income derived from the
operation of residence halls, dormitories, dining or other
incidental facilities and additions, including necessary real
and personal property, acquired or improved in whole or in part
with the proceeds of such bonds or notes, regardless of the
manner of such acquisition or improvement, and the net rents,
profits and income not pledged for other purposes derived from
the operation of any other residence halls or dormitories,
including dining or other incidental facilities and additions,
at the particular institution. All bonds or notes issued under
the provisions of this division subchapter shall have all the
qualities of negotiable instruments under the laws of this
state.
Sec. 75. Section 262.61, Code 2014, is amended to read as
follows:
262.61 Accounts.
1. A certified copy of each resolution providing for the
issuance of bonds or notes under this division subchapter shall
be filed with the treasurer of the institution on behalf of
which the bonds or notes are issued and it shall be the duty
of said treasurer to keep and maintain separate accounts for
each issue of bonds or notes in accordance with the covenants
and directions set out in the resolution providing for the
issuance thereof. All rates, fees or rentals collected for
the use of and services provided by the residence halls and
dormitories, including dining and other incidental facilities
therefor, at each institution shall be held in trust by the
treasurer thereof, separate and apart from all other funds,
to be used solely and only for the purposes specified in this
division subchapter and as may be required and provided for
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by the proceedings of the board authorizing the issuance of
bonds or notes. It shall be the duty of the treasurer of each
institution to disburse funds from the proper account for
the payment of the principal of and interest on the bonds or
notes in accordance with the directions and covenants of the
resolution authorizing the issuance thereof.
2. If the amount of bonds or notes issued under this chapter
exceeds the actual costs of the projects for which the bonds or
notes were issued, the amount of the difference shall be used
to pay the principal and interest due on bonds or notes issued
under this chapter .
Sec. 76. Section 275.23A, subsection 2, Code 2014, is
amended to read as follows:
2. Following each federal decennial census the school
board shall determine whether the existing director district
boundaries meet the standards in subsection 1 according to
the most recent federal decennial census. In addition to the
authority granted to voters to change the number of directors
or method of election as provided in sections 275.35 , 275.36 ,
and 278.1 , the board of directors of a school district may,
following a federal decennial census, by resolution and in
accordance with this section , authorize a change in the method
of election as set forth in section 275.12, subsection 2 , or
a change to either five or seven directors after the board
conducts a hearing on the resolution. If the board proposes to
change the number of directors from seven to five directors,
the resolution shall include a plan for reducing the number
of directors. If the board proposes to increase the number
of directors to seven directors, two directors shall be
added according to the procedure described in section 277.23,
subsection 2 . If necessary, the board of directors shall
redraw the director district boundaries. The director district
boundaries shall be described in the resolution adopted by
the school board. The resolution shall be adopted no earlier
than November 15 of the second year immediately following the
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year in which the federal decennial census is taken nor and
no later than May 15 of the third year immediately following
the year in which the federal decennial census is taken.
A copy of the plan shall be filed with the area education
agency administrator of the area education agency in which the
school’s electors reside. If the board does not provide for
an election as provided in sections 275.35 , 275.36 , and 278.1
and adopts a resolution to change the number of directors or
method of election in accordance with this subsection , the
district shall change the number of directors or method of
election as provided unless, within twenty-eight days following
the action of the board, the secretary of the board receives a
petition containing the required number of signatures, asking
that an election be called to approve or disapprove the action
of the board in adopting the resolution. The petition must be
signed by eligible electors equal in number to not less than
one hundred or thirty percent of the number of voters at the
last preceding regular school election, whichever is greater.
The board shall either rescind its action or direct the
county commissioner of elections to submit the question to the
registered voters of the school district at an election held
on a date specified in section 39.2, subsection 4 , paragraph
“c” . If a majority of those voting on the question at the
election favors disapproval of the action of the board, the
district shall not change the number of directors or method of
election. If a majority of those voting on the question does
not favor disapproval of the action, the board shall certify
the results of the election to the department of management and
the district shall change the number of directors or method of
election as provided in this subsection . At the expiration of
the twenty-eight-day period, if no petition is filed, the board
shall certify its action to the department of management and
the district shall change the number of directors or method of
election as provided in this subsection .
Sec. 77. Section 297.36, Code 2014, is amended to read as
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follows:
297.36 Loan agreements.
1. a. In order to make immediately available proceeds of
the voter-approved physical plant and equipment levy which
has been approved by the voters as provided in section 298.2 ,
the board of directors may, with or without notice, borrow
money and enter into loan agreements in anticipation of the
collection of the tax with a bank, investment banker, trust
company, insurance company, or insurance group.
b. By resolution, the board shall provide for an annual levy
which is within the limits of the voter-approved physical plant
and equipment levy to pay for the amount of the principal and
interest due each year until maturity. The board shall file
a certified copy of the resolution with the auditor of each
county in which the district is located. The filing of the
resolution with the auditor makes it the duty of the auditor
to annually levy the amount certified for collection until
funds are realized to repay the loan and interest on the loan
in full.
c. The loan must mature within the period of time authorized
by the voters and shall bear interest at a rate which does not
exceed the limits under chapter 74A . A loan agreement entered
into pursuant to this section shall be in a form as the board
of directors shall by resolution provide and the loan shall be
payable as to both principal and interest from the proceeds
of the annual levy of the voter-approved physical plant and
equipment levy, or so much thereof as will be sufficient to pay
the loan and interest on the loan.
d. The proceeds of a loan must be deposited in the physical
plant and equipment levy fund. Warrants paid from this fund
must be for purposes authorized for the voter-approved physical
plant and equipment levy.
2. This section does not limit the authority of the board
of directors to levy the full amount of the voter-approved
physical plant and equipment levy, but if and to whatever
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extent the tax is levied in any year in excess of the amount
of principal and interest falling due in that year under a
loan agreement, the first available proceeds, to an amount
sufficient to meet maturing installments of principal and
interest under the loan agreement, shall be paid into the
debt service fund for the loan before the taxes are otherwise
made available to the school corporation for other school
purposes, and the amount required to be annually set aside to
pay principal of and interest on the money borrowed under the
loan agreement constitutes a first charge upon the proceeds of
the voter-approved physical plant and equipment levy, which tax
shall be pledged to pay the loan and the interest on the loan.
3. This section is supplemental and in addition to existing
statutory authority to finance the purposes specified in
section 298.2 for the physical plant and equipment levy, and
for the borrowing of money and execution of loan agreements in
connection with that section, and is not subject to any other
law. The fact that a school corporation may have previously
borrowed money and entered into loan agreements under authority
of this section does not prevent the school corporation from
borrowing additional money and entering into further loan
agreements if the aggregate of the amount payable under all
of the loan agreements does not exceed the proceeds of the
voter-approved physical plant and equipment levy.
Sec. 78. Section 312.2, subsection 2, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The treasurer of state shall before making the allotments
in subsection 1 credit annually to the highway grade crossing
safety fund the sum of seven hundred thousand dollars, credit
annually from the road use tax fund the sum of nine hundred
thousand dollars to the highway railroad grade crossing surface
repair fund, credit monthly to the primary road fund the
dollars yielded from an allotment of sixty-five hundredths of
one percent of all road use tax funds for the express purpose
of carrying out subsection 11 of section 307A.2 , subsection 11,
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section 313.4, subsection 2 , and section 307.45 , and credit
annually to the primary road fund the sum of five hundred
thousand dollars to be used for paying expenses incurred by the
state department of transportation other than expenses incurred
for extensions of primary roads in cities. All unobligated
funds provided by this subsection , except those funds credited
to the highway grade crossing safety fund, shall at the end of
each year revert to the road use tax fund. Funds in the highway
grade crossing safety fund shall not revert to the road use tax
fund except to the extent they exceed five hundred thousand
dollars at the end of any biennium. The cost of each highway
railroad grade crossing repair project shall be allocated in
the following manner:
Sec. 79. Section 321.258, Code 2014, is amended to read as
follows:
321.258 Arrangement of lights on official traffic-control
signals.
1. Colored lights placed on a vertical official
traffic-control signal face shall be arranged from the top to
the bottom in the following order when used:
a. Circular red , circular .
b. Circular yellow , circular .
c. Circular green , straight .
d. Straight through yellow arrow , straight .
e. Straight through green arrow , left .
f. Left turn yellow arrow , left .
g. Left turn green arrow , right .
h. Right turn yellow arrow , and right .
i. Right turn green arrow.
2. Colored lights placed on a horizontal official
traffic-control signal face shall be arranged from the left to
the right in the following order when used:
a. Circular red , circular .
b. Circular yellow , left .
c. Left turn yellow arrow , left .
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d. Left turn green arrow , circular .
e. Circular green , straight .
f. Straight through yellow arrow , straight .
g. Straight through green arrow , right .
h. Right turn yellow arrow , and right .
i. Right turn green arrow.
Sec. 80. Section 321.440, subsection 1, Code 2014, is
amended to read as follows:
1. Every solid rubber tire on a vehicle shall have rubber on
its entire traction surface at least one inch thick above the
edge of the flange of the entire periphery. Any pneumatic tire
on a vehicle shall be considered unsafe if it has:
a. Any part of the ply or cord exposed ; .
b. Any bump, bulge or separation ; .
c. A tread design depth of less than one-sixteenth of
an inch measured in any two or more adjacent tread grooves,
exclusive of tie bars or, for those tires with tread wear
indicators, worn to the level of the tread wear indicators in
any two tread grooves ; .
d. A marking “not for highway use”, “for racing purposes
only”, “unsafe for highway use” ; .
e. Tread or sidewall cracks, cuts or snags deep enough to
expose the body cord ; .
f. Such other conditions as may be reasonably demonstrated
to render it unsafe ; .
g. Been regrooved or recut below the original tread design
depth, excepting special tires which have extra under tread
rubber and are identified as such, or if a pneumatic tire was
originally designed without grooves or tread.
Sec. 81. Section 331.382, subsection 8, paragraph a, Code
2014, is amended to read as follows:
a. The board is subject to chapter 161F , chapters 357
through 358 , or chapter 468, subchapters I through III , chapter
468, subchapter IV, parts 1 and 2 , or chapter 468, subchapter
V , as applicable, in acting relative to a special district
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authorized under any of those chapters.
Sec. 82. Section 341A.18, Code 2014, is amended to read as
follows:
341A.18 Civil rights respected.
1. A person shall not be appointed or promoted to, or
demoted or discharged from, any position subject to civil
service, or in any way favored or discriminated against with
respect to employment in the sheriff’s office because of the
person’s political or religious opinions or affiliations or
race or national origin or sex, or age.
2. a. A person holding a position subject to civil service
shall not, during the person’s scheduled working hours or when
performing duties or when using county equipment or at any
time on county property, take part in any way in soliciting
any contribution for any political party or any person seeking
political office, nor shall such employee engage in any
political activity that will impair the employee’s efficiency
during working hours or cause the employee to be tardy or
absent from work. The provisions of this section do not
preclude any employee from holding any office for which no pay
is received or any office for which only token pay is received.
b. A person shall not seek or attempt to use any political
endorsement in connection with any appointment to a position
subject to civil service.
c. A person shall not use or promise to use, directly
or indirectly, any official authority or influence, whether
possessed or anticipated, to secure or attempt to secure for
any person an appointment or advantage in the appointment to
a position subject to civil service, or an increase in pay or
other advantage in employment in any such position, for the
purpose of influencing the vote or political action of any
person or for any consideration.
d. An employee shall not use the employee’s official
authority or influence for the purpose of interfering with an
election or affecting the results thereof.
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3. Any officer or employee subject to civil service who
violates any of the provisions of this section shall be subject
to suspension, dismissal, or demotion subject to the right of
appeal herein.
4. All employees shall retain the right to vote as they
please and to express their opinions on all subjects.
5. An officer or employee subject to civil service and
a chief deputy sheriff or second deputy sheriff, who becomes
a candidate for a partisan elective office for remuneration,
upon request, shall automatically be given a leave of absence
without pay, commencing thirty days before the date of the
primary election and continuing until the person is eliminated
as a candidate or wins the primary, and commencing thirty days
before the date of the general election and continuing until
the person is eliminated as a candidate or wins the general
election, and during the leave period shall not perform any
duties connected with the office or position so held. The
officer or employee subject to civil service, or chief deputy
sheriff or second deputy sheriff, may, however, use accumulated
paid vacation time for part or all of any leave of absence
under this section . The county shall continue to provide
health benefit coverages, and may continue to provide other
fringe benefits, to any officer or employee subject to civil
service, or to any chief deputy sheriff or second deputy
sheriff during any leave of absence under this section .
Sec. 83. Section 392.5, Code 2014, is amended to read as
follows:
392.5 Library board.
1. a. A city library board of trustees functioning on the
effective date of the city code shall continue to function in
the same manner until altered or discontinued as provided in
this section .
b. In order for the board to function in the same manner,
the council shall retain all applicable ordinances, and shall
adopt as ordinances all applicable state statutes repealed by
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1972 Iowa Acts, chapter ch. 1088 .
2. A library board may accept and control the expenditure of
all gifts, devises, and bequests to the library.
3. a. A proposal to alter the composition, manner of
selection, or charge of a library board, or to replace it with
an alternate form of administrative agency, is subject to the
approval of the voters of the city.
b. The proposal may be submitted to the voters at any city
election by the council on its own motion. Upon receipt of a
valid petition as defined in section 362.4 , requesting that a
proposal be submitted to the voters, the council shall submit
the proposal at the next regular city election. A proposal
submitted to the voters must describe with reasonable detail
the action proposed.
c. If a majority of those voting approves the proposal, the
city may proceed as proposed.
d. If a majority of those voting does not approve the
proposal, the same or a similar proposal may not be submitted
to the voters of the city for at least four years from the date
of the election at which the proposal was defeated.
Sec. 84. Section 403.8, subsection 3, Code 2014, is amended
to read as follows:
3. The requirement that real property or an interest in
real property transferred or retained for the purpose of
a development or redevelopment be sold, leased, otherwise
transferred, or retained at not less than its fair market
value does not apply if the developer enters into a written
assessment agreement with the municipality pursuant to section
403.6, subsections 18 and 19 and the minimum actual value
contained in the assessment agreement would indicate that there
will be sufficient taxable valuations to permit the collection
of incremental taxes as provided in subsection 2 of section
403.19 , subsection 2, to cause the indebtedness and other costs
incurred by the municipality with respect to the property
or interest transferred or retained to be repayable as to
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principal within four tax years following the commencement of
full operation of the development.
Sec. 85. Section 403.9, subsection 1, Code 2014, is amended
to read as follows:
1. A municipality shall have power to periodically issue
bonds in its discretion to pay the costs of carrying out the
purposes and provisions of this chapter , including, but not
limited to, the payment of principal and interest upon any
advances for surveys and planning, and the payment of interest
on bonds, herein authorized, not to exceed three years from
the date the bonds are issued. The municipality shall have
power to issue refunding bonds for the payment or retirement
of such bonds previously issued by it. Said bonds shall be
payable solely from the income and proceeds of the fund and
portion of taxes referred to in subsection 2 of section 403.19 ,
subsection 2, and revenues and other funds of the municipality
derived from or held in connection with the undertaking and
carrying out of urban renewal projects under this chapter . The
municipality may pledge to the payment of the bonds the fund
and portion of taxes referred to in subsection 2 of section
403.19 , subsection 2, and may further secure the bonds by a
pledge of any loan, grant or contribution from the federal
government or other source in aid of any urban renewal projects
of the municipality under this chapter , or by a mortgage of any
such urban renewal projects, or any part thereof, title which
is vested in the municipality.
Sec. 86. Section 419.4, subsection 2, paragraph b,
subparagraph (2), Code 2014, is amended to read as follows:
(2) A municipality shall also have the power to provide
that the project and improvements shall be constructed by
the municipality, the lessee, the lessee’s designee, the
contracting party, or the contracting party’s designee, or any
one or more of them on real estate owned by the municipality,
the lessee, the lessee’s designee, the contracting party, or
the contracting party’s designee, as the case may be, and that
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the bond proceeds shall be disbursed by the trustee bank or
banks, trust company or trust companies, during construction
upon the estimate, order or certificate of the lessee, the
lessee’s designee, the contracting party, or the contracting
party’s designee.
Sec. 87. Section 422.11S, subsection 8, paragraph a,
subparagraph (2), Code 2014, is amended to read as follows:
(2) “Total approved tax credits” means for the tax year
beginning in the 2006 calendar year, two million five hundred
thousand dollars, for the tax year beginning in the 2007
calendar year, five million dollars, and for tax years
beginning on or after January 1, 2008, but before January 1,
2012, seven million five hundred thousand dollars, for tax
years beginning on or after January 1, 2012, but before January
1, 2014, eight million seven hundred fifty thousand dollars,
and for tax years beginning on or after January 1, 2014, twelve
million dollars.
Sec. 88. Section 422.12C, subsection 2, Code 2014, is
amended to read as follows:
2. a. The taxes imposed under this division , less the
amounts of nonrefundable credits allowed under this division ,
may be reduced by an early childhood development tax credit
equal to twenty-five percent of the first one thousand dollars
which the taxpayer has paid to others for each dependent, as
defined in the Internal Revenue Code, ages three through five
for early childhood development expenses. In determining the
amount of early childhood development expenses for the tax year
beginning in the 2006 calendar year only, such expenses paid
during November and December of the previous tax year shall
be considered paid in the tax year for which the tax credit
is claimed. This credit is available to a taxpayer whose net
income is less than forty-five thousand dollars. If the early
childhood development tax credit is claimed for a tax year, the
taxpayer and the taxpayer’s spouse shall not claim the child
and dependent care credit under subsection 1 .
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b. As used in this subsection , “early :
(1) “Early childhood development expenses” means services
provided to the dependent by a preschool, as defined in section
237A.1 , materials, and other activities as follows:
a. (a) Books that improve child development, including
textbooks, music books, art books, teacher’s editions, and
reading books.
b. (b) Instructional materials required to be used in a
child development or educational lesson activity, including but
not limited to paper, notebooks, pencils, and art supplies.
c. (c) Lesson plans and curricula.
d. (d) Child development and educational activities outside
the home, including drama, art, music, and museum activities,
and the entrance fees for such activities, but not including
food or lodging, membership fees, or other nonacademic
expenses.
(2) “Early childhood development expenses” does not include
services, materials, or activities for the teaching of
religious tenets, doctrines, or worship, the purpose of which
is to inculcate those tenets, doctrines, or worship.
Sec. 89. Section 422.33, subsections 2, 4, and 7, Code 2014,
are amended to read as follows:
2. a. If the trade or business of the corporation is
carried on entirely within the state, the tax shall be imposed
on the entire net income, but if the trade or business is
carried on partly within and partly without the state or if
income is derived from sources partly within and partly without
the state, or if income is derived from trade or business
and sources, all of which are not entirely in the state, the
tax shall be imposed only on the portion of the net income
reasonably attributable to the trade or business or sources
within the state, with the net income attributable to the state
to be determined as follows:
a. (1) Nonbusiness interest, dividends, rents and
royalties, less related expenses, shall be allocated within and
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without the state in the following manner:
(1) (a) Nonbusiness interest, dividends, and royalties
from patents and copyrights shall be allocable to this state if
the taxpayer’s commercial domicile is in this state.
(2) (b) Nonbusiness rents and royalties received from real
property located in this state are allocable to this state.
(3) (c) Nonbusiness rents and royalties received from
tangible personal property are allocable to this state to the
extent that the property is utilized in this state; or in their
entirety if the taxpayer’s commercial domicile is in this state
and the taxpayer is not taxable in the state in which the
property is utilized. The extent of utilization of tangible
personal property in a state is determined by multiplying the
rents and royalties by a fraction, the numerator of which is
the number of days of physical location of the property in the
state during the rental or royalty period in the taxable year
and the denominator of which is the number of days of physical
location of the property everywhere during all rental or
royalty periods in the taxable year. If the physical location
of the property during the rental or royalty period is unknown,
or unascertainable by the taxpayer tangible personal property
is utilized in the state in which the property was located at
the time the rental or royalty payor obtained possession.
(4) (d) Nonbusiness capital gains and losses from the sale
or other disposition of assets shall be allocated as follows:
(i) Gains and losses from the sale or other disposition
of real property located in this state are allocable to this
state.
(ii) Gains and losses from the sale or other disposition of
tangible personal property are allocable to this state if the
property had a situs in this state at the time of the sale or
disposition or if the taxpayer’s commercial domicile is in this
state and the taxpayer is not taxable in the state in which the
property had a situs.
(iii) Gains and losses from the sale or disposition of
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intangible personal property are allocable to this state if the
taxpayer’s commercial domicile is in this state.
b. (2) Net nonbusiness income of the above class having
been separately allocated and deducted as above provided,
the remaining net business income of the taxpayer shall be
allocated and apportioned as follows:
(1) (a) Business interest, dividends, rents, and royalties
shall be reasonably apportioned within and without the state
under rules adopted by the director.
(2) (b) Capital gains and losses from the sale or other
disposition of assets shall be apportioned to the state based
upon the business activity ratio applicable to the year the
gain or loss is determined if the corporation determines Iowa
taxable income by a sales, gross receipts or other business
activity ratio. If the corporation has only allocable income,
capital gains and losses from the sale or other disposition of
assets shall be allocated in accordance with paragraph “a” ,
subparagraph (4) (1), subparagraph division (d) .
(3) (c) Where income is derived from business other than
the manufacture or sale of tangible personal property, the
income shall be specifically allocated or equitably apportioned
within and without the state under rules of the director.
(4) (d) Where income is derived from the manufacture or
sale of tangible personal property, the part attributable to
business within the state shall be in that proportion which
the gross sales made within the state bear to the total gross
sales.
(5) (e) Where income consists of more than one class of
income as provided in subparagraphs (1) to (4) subparagraph
divisions (a) through (d) of this paragraph subparagraph , it
shall be reasonably apportioned by the business activity ratio
provided in rules adopted by the director.
(6) (f) The gross sales of the corporation within the
state shall be taken to be the gross sales from goods delivered
or shipped to a purchaser within the state regardless of
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the F.O.B. point or other conditions of the sale, excluding
deliveries for transportation out of the state.
b. For the purpose of this section , the word “sale”
subsection:
(1) “Sale” shall include exchange , and the word
“manufacture” .
(2) “Manufacture” shall include the extraction and recovery
of natural resources and all processes of fabricating and
curing. The words “tangible
(3) “Tangible personal property” shall be taken to mean
corporeal personal property, such as machinery, tools,
implements, goods, wares, and merchandise, and shall not be
taken to mean money deposits in banks, shares of stock, bonds,
notes, credits, or evidence of an interest in property and
evidences of debt.
4. a. In addition to all taxes imposed under this division ,
there is imposed upon each corporation doing business within
the state the greater of the tax determined in subsection 1 ,
paragraphs “a” through “d” or the state alternative minimum tax
equal to sixty percent of the maximum state corporate income
tax rate, rounded to the nearest one-tenth of one percent, of
the state alternative minimum taxable income of the taxpayer
computed under this subsection .
b. The state alternative minimum taxable income of a
taxpayer is equal to the taxpayer’s state taxable income as
computed with the adjustments in section 422.35 and with the
following adjustments:
a. (1) Add items of tax preference included in federal
alternative minimum taxable income under section 57, except
subsections (a)(1) and (a)(5), of the Internal Revenue Code,
make the adjustments included in federal alternative minimum
taxable income under section 56, except subsections (a)(4) and
(d), of the Internal Revenue Code, and add losses as required
by section 58 of the Internal Revenue Code. In making the
adjustment under section 56(c)(1) of the Internal Revenue Code,
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interest and dividends from federal securities and interest and
dividends from state and other political subdivisions and from
regulated investment companies exempt from federal income tax
under the Internal Revenue Code, net of amortization of any
discount or premium, shall be subtracted.
b. (2) Apply the allocation and apportionment provisions of
subsection 2 .
c. (3) Subtract an exemption amount of forty thousand
dollars. This exemption amount shall be reduced, but not
below zero, by an amount equal to twenty-five percent of the
amount by which the alternative minimum taxable income of the
taxpayer, computed without regard to the exemption amount in
this paragraph, exceeds one hundred fifty thousand dollars.
d. (4) In the case of a net operating loss computed for a
tax year beginning after December 31, 1986, which is carried
back or carried forward to the current taxable year, the net
operating loss shall be reduced by the amount of items of
tax preference and adjustments arising in the tax year which
is taken into account in computing the net operating loss
in section 422.35, subsection 11 . The deduction for a net
operating loss for a tax year beginning after December 31,
1986, which is carried back or carried forward to the current
taxable year shall not exceed ninety percent of the alternative
minimum taxable income determined without regard for the net
operating loss deduction.
7. a. (1) There is allowed as a credit against the tax
determined in subsection 1 for a tax year an amount equal to
the minimum tax credit for that tax year.
(2) The minimum tax credit for a tax year is the excess,
if any, of the net minimum tax imposed for all prior tax
years beginning on or after January 1, 1987, over the amount
allowable as a credit under this subsection for those prior tax
years.
b. (1) The allowable credit under paragraph “a” for a tax
year shall not exceed the excess, if any, of the tax determined
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in subsection 1 over the state alternative minimum tax as
determined in subsection 4 .
(2) The net minimum tax for a tax year is the excess, if
any, of the tax determined in subsection 4 for the tax year
over the tax determined in subsection 1 for the tax year.
Sec. 90. Section 422.70, subsection 1, paragraphs b, c, and
d, Code 2014, are amended to read as follows:
b. To require by subpoena the attendance and testimony of
witnesses ; to .
c. To issue and sign subpoenas.
c. d. To administer oaths, to examine witnesses and receive
evidence.
d. e. To compel witnesses to produce for examination books,
papers, records, and documents relating to any matter which the
director has the authority to investigate or determine.
Sec. 91. Section 423.3, subsection 60, paragraph h, Code
2014, is amended to read as follows:
h. (1) “Prosthetic device” means a replacement, corrective,
or supportive device including repair and replacement parts for
the same worn on or in the body to do any of the following:
(1) (a) Artificially replace a missing portion of the body.
(2) (b) Prevent or correct physical deformity or
malfunction.
(3) (c) Support a weak or deformed portion of the body.
(2) “Prosthetic device” includes but is not limited to
orthopedic or orthotic devices, ostomy equipment, urological
equipment, tracheostomy equipment, and intraocular lenses.
Sec. 92. Section 426A.8, Code 2014, is amended to read as
follows:
426A.8 Excess remitted —— appeals.
1. If the amount of credit apportioned to any property
eligible for military service tax exemption under this chapter
in any year shall exceed the total tax, exclusive of any
special assessments levied against such property eligible
for military service tax exemption, then the excess shall
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be remitted by the county treasurer to the department of
revenue to be redeposited in the general fund of the state and
reallocated the following year by the department.
2. a. If any claim for exemption made has been denied
by the board of supervisors, and the action is subsequently
reversed on appeal, the same credit shall be allowed on the
assessed valuation, not to exceed the amount of the military
service tax exemption involved in the appeal, as was allowed on
other military service tax exemption valuations for the year
or years in question, and the director of revenue, the county
auditor, and the county treasurer shall credit and change their
books and records accordingly.
b. If the appealing taxpayer has paid one or both of
the installments of the tax payable in the year or years in
question on such military service tax exemption valuation,
remittance shall be made to the county treasurer in the amount
of such credit.
c. The amount of the credit shall be allocated and paid
from the surplus redeposited in the general fund of the state
provided for in the first paragraph of this section subsection
1 .
Sec. 93. Section 426A.11, subsections 1 and 2, Code 2014,
are amended to read as follows:
1. The property, not to exceed two thousand seven hundred
seventy-eight dollars in taxable value , of any veteran, as
defined in section 35.1 , of World War I.
2. The property, not to exceed one thousand eight hundred
fifty-two dollars in taxable value , of an honorably separated,
retired, furloughed to a reserve, placed on inactive status,
or discharged veteran, as defined in section 35.1, subsection
2 , paragraph “a” or “b” .
Sec. 94. Section 426B.5, subsection 1, paragraph d,
subparagraph (1), subparagraph divisions (a) and (b), Code
2014, are amended to read as follows:
(a) The county is levying the maximum amount allowed for
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the county’s mental health , intellectual disability, and
developmental disabilities services fund under section 331.424A
for the fiscal year in which the funding is distributed.
(b) In the latest fiscal year reported in accordance with
section 331.403 , the county’s mental health , intellectual
disability, and developmental disabilities services fund ending
balance under generally accepted accounting principles was
equal to or less than twenty-five percent of the county’s
actual gross expenditures for that fiscal year.
Sec. 95. Section 426B.5, subsection 2, paragraph a, Code
2014, is amended to read as follows:
a. For the purposes of this subsection , unless the context
otherwise requires, “services fund” means a county’s mental
health , intellectual disability, and developmental disabilities
services fund created in section 331.424A .
Sec. 96. Section 445.37, Code 2014, is amended to read as
follows:
445.37 When delinquent.
1. a. If the semiannual installment of any tax has not
been paid before October 1 succeeding the levy, that amount
becomes delinquent from October 1 after due. However, in those
instances when the last day of September is a Saturday or
Sunday, that amount becomes delinquent on the second business
day of October. If the second installment is not paid before
April 1 succeeding its maturity, it becomes delinquent from
April 1 after due. However, in those instances when the last
day of March is a Saturday or Sunday, that amount becomes
delinquent on the second business day of April. This paragraph
applies to all taxes as defined in section 445.1, subsection 6 .
b. However, if there is a delay in the delivery of the tax
list referred to in chapter 443 to the county treasurer, the
amount of ad valorem taxes and manufactured or mobile home
taxes due shall become delinquent thirty days after the date of
delivery or on the delinquent date of the first installment,
whichever date occurs later. The delay shall not affect the
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due dates for special assessments and rates or charges. The
delinquent date for special assessments and rates or charges
is the same as the first installment delinquent date for ad
valorem taxes, including any extension, in absence of a statute
to the contrary.
2. a. To avoid interest on delinquent taxes, a payment must
be received by the treasurer on or before the last business
day of the month preceding the delinquent date, or mailed with
appropriate postage and applicable fees paid, and a United
States postal service postmark affixed to the payment envelope,
with the postmark bearing a date preceding the delinquent
date. Items returned to the sender by the United States postal
service for insufficient postage or applicable fees shall be
assessed interest, unless the appropriate postage and fees are
paid and the items are postmarked again before the delinquent
date. However, if the last calendar day of a month falls on a
Saturday, Sunday, or a holiday, that amount becomes delinquent
on the second business day of the following month.
b. To avoid interest on current or delinquent taxes, for
payments made through a county treasurer’s authorized internet
site only, if the last day of the month falls on a Saturday,
Sunday, or a holiday, the electronic payment must be initiated
by midnight on the first business day of the next month. All
other electronic payments must be initiated by midnight on the
last day of the month preceding the delinquent date.
Sec. 97. Section 452A.2, subsection 27, paragraph a,
subparagraph (2), Code 2014, is amended to read as follows:
(2) Any liquid advertised, offered for sale, sold
for use as, or commonly or commercially used as a fuel
for propelling motor vehicles which, when subjected to
distillation of gasoline, naphtha, kerosene and similar
petroleum products [ASTM (American society for testing and
materials) international designation D-86], shows not less
than ten percent distilled (recovered) below three hundred
forty-seven 347 degrees Fahrenheit (one hundred seventy-five
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(175 degrees Centigrade) and not less than ninety-five percent
distilled (recovered) below four hundred sixty-four 464 degrees
Fahrenheit (two hundred forty (240 degrees Centigrade).
Sec. 98. Section 452A.2, subsection 27, paragraph b, Code
2014, is amended to read as follows:
b. “Motor fuel” does not include special fuel, and does not
include liquefied gases which would not exist as liquids at a
temperature of sixty 60 degrees Fahrenheit and a pressure of
fourteen and seven-tenths pounds per square inch absolute, or
naphthas and solvents unless the liquefied gases or naphthas
and solvents are used as a component in the manufacture,
compounding, or blending of a liquid within paragraph “a” ,
subparagraph (2), in which event the resulting product shall be
deemed to be motor fuel. “Motor fuel” does not include methanol
unless blended with other motor fuels for use in an aircraft or
for propelling motor vehicles.
Sec. 99. Section 452A.3, subsection 4, Code 2014, is amended
to read as follows:
4. For compressed natural gas used as a special fuel, the
rate of tax that is equivalent to the motor fuel tax shall
be sixteen cents per hundred cubic feet adjusted to a base
temperature of sixty 60 degrees Fahrenheit and a pressure of
fourteen and seventy-three hundredths pounds per square inch
absolute.
Sec. 100. Section 452A.86, Code 2014, is amended to read as
follows:
452A.86 Method of determining gallonage.
The exclusive method of determining gallonage of any
purchases or sales of motor fuel, undyed special fuel,
compressed natural gas, or liquefied petroleum gas as defined
in this chapter and distillate fuels shall be on a gross volume
basis. A temperature-adjusted or other method shall not be
used, except as it applies to liquefied petroleum gas and
the sale or exchange of petroleum products between petroleum
refiners. All invoices, bills of lading, or other records of
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sale or purchase and all returns or records required to be
made, kept, and maintained by a supplier, restrictive supplier,
importer, exporter, blender, or compressed natural gas or
liquefied petroleum gas dealer or user shall be made, kept,
and maintained on the gross volume basis. For purposes of
this section , “distillate fuels” means any fuel oil, gas oil,
topped crude oil, or other petroleum oils derived by refining
or processing crude oil or unfinished oils which have a boiling
range at atmospheric pressure which falls completely or in part
between five hundred fifty 550 and twelve hundred 1,200 degrees
Fahrenheit.
Sec. 101. Section 455B.471, subsections 7 and 8, Code 2014,
are amended to read as follows:
7. “Petroleum” means petroleum, including crude oil or any
fraction of crude oil which is liquid at standard conditions
of temperature and pressure (sixty (60 degrees Fahrenheit and
fourteen and seven-tenths pounds per square inch absolute).
8. “Regulated substance” means an element, compound,
mixture, solution or substance which, when released into the
environment, may present substantial danger to the public
health or welfare or the environment. Regulated substance
includes substances designated in 40 C.F.R., pts. 61 and
116, and 40 C.F.R. § 401.15, and petroleum including crude
oil or any fraction of crude oil which is liquid at standard
conditions of temperature and pressure (sixty (60 degrees
Fahrenheit and fourteen and seven-tenths pounds per square inch
absolute). However, regulated substance does not include a
substance regulated as a hazardous waste under the Resource
Conservation and Recovery Act of 1976. Substances may be added
or deleted as regulated substances by rule of the commission
pursuant to section 455B.474 .
Sec. 102. Section 455E.11, subsection 2, paragraph b,
subparagraph (3), subparagraph division (b), subparagraph
subdivision (ii), Code 2014, is amended to read as follows:
(ii) Not more than six percent of the moneys is appropriated
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annually to the state hygienic laboratory to assist in well
testing.
(iii) For purposes of this subparagraph division, “cistern”
means an artificial reservoir constructed underground for the
purpose of storing rainwater.
Sec. 103. Section 455G.2, subsection 13, Code 2014, is
amended to read as follows:
13. “Petroleum” means petroleum, including crude oil or any
fraction of crude oil which is liquid at standard conditions
of temperature and pressure (sixty (60 degrees Fahrenheit and
fourteen and seven-tenths pounds per square inch absolute).
Sec. 104. Section 455G.13, subsection 2, paragraph b, Code
2014, is amended to read as follows:
b. An owner owner’s or operator’s liability for a release
for which coverage is admitted under the underground storage
tank insurance fund established in section 455G.11 , Code 2003,
shall not exceed the amount of the deductible.
Sec. 105. Section 455G.13, subsection 10, paragraph a, Code
2014, is amended to read as follows:
a. Upon payment by the fund for corrective action or
third-party liability pursuant to this subchapter , the rights
of the claimant to recover payment from any potentially
responsible party , are assumed by the board to the extent paid
by the fund. A claimant is precluded from receiving double
compensation for the same injury.
Sec. 106. Section 456A.37, subsection 1, paragraph a, Code
2014, is amended to read as follows:
a. “Aquatic invasive species” means a nonnative wildlife or
plant species that have has been determined by the department
to pose a significant threat to the aquatic resources or water
infrastructure of the state.
Sec. 107. Section 462A.2, subsection 32, Code 2014, is
amended to read as follows:
32. “Proceeds” includes whatever is received when collateral
or proceeds are sold, exchanged, collected, or otherwise
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disposed of. The term also includes the account arising when
the right to payment is earned under a contract right. Money,
checks, and the like are cash “proceeds” “cash proceeds” . All
other proceeds are “noncash proceeds” .
Sec. 108. Section 468.188, Code 2014, is amended to read as
follows:
468.188 Public improvements which divide a district ——
procedure.
1. If it should develop that any type of public improvement,
other than the forces of nature, has caused such a change in
the district as to effectively sever and cut off some of the
land in the district from other lands in the district and from
the improvements in the district in such a way as to deprive
the land of any further benefits from the improvement, or in
some manner to divide the benefits that may be derived from
two separated portions of the improvement, then the board
of supervisors or the board of trustees in charge may upon
notice to interested parties and hearing as provided by this
subchapter, parts 1 through 5 , for the original establishment
of a district make an order to remove lands so deprived of
benefits from the district without any reclassification, or
may subdivide the district into two separate entities if the
public improvement splits the district into two separate units,
each of which may still derive some separate benefits from the
separated portions of the district.
2. If the public improvement is such as to leave two
separate portions of the improvement that are still operable
and of benefit to the land on each side of the division made by
the public improvement, then the board may divide the district
into two separate units so that each may perform further work
on the improvements in their respective parts, but neither
shall be charged for work completed on the opposite side of
the new improvement that divides them and may only be charged
for the work done in that portion of the district remaining on
their side of the division.
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3. The same authority provided in this section shall vest in
the board of supervisors or the board of trustees in the event
a drainage district in any manner relinquishes its control over
any portion of its improvements or its obligation to maintain
same to another district and lands may be removed from the
district or the district may be divided as provided in this
section .
4. The board may further in dividing the district award to
each of the separated portions of the district the improvement
remaining in each portion, determine the value of the
improvement so remaining on each side and secondly determine
the contributions of the lands in the separated portions to the
improvements and the upkeep of the earlier district, and if
the contribution is proportionate neither side shall owe the
other portion of the district any money, but if contribution
is disproportionate, the board shall determine an equitable
adjustment and the amount of payment required for one portion
to pay to the other to buy the existing improvement.
5. If land is eliminated from any further benefits, there
need not be any reclassification and the board may remove the
same from the district in the same manner as if the land has
been destroyed in whole by the erosion of a river and spread
any deficiency in assessment among the remaining lands as
provided by section 468.49 .
6. “Type of public improvement” for the purpose of this
section includes drainage or levee improvements or new
highways.
Sec. 109. Section 468.500, subsection 1, paragraph b, Code
2014, is amended to read as follows:
b. A drainage or levee district under the control of a city
council as provided in subchapter II, part 3 , may be placed
under the control and management of a board of trustees by the
city council following the procedures provided in subchapter
II, part 2 , for the county board of supervisors.
Sec. 110. Section 468.500, subsection 2, Code 2014, is
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amended to read as follows:
2. An overlying drainage or levee district that controls and
manages improvements and rights-of-way surrendered by a board
of supervisors or board of trustees of a contained district,
in accordance with sections 468.256 through 468.259 , shall
continue to be controlled and managed by a board of trustees as
provided in subchapter II, part 3 .
Sec. 111. Section 479.5, Code 2014, is amended to read as
follows:
479.5 Application for permit.
1. A pipeline company doing business in this state shall
file with the board its verified petition asking for a permit
to construct, maintain and operate its pipeline or lines along,
over or across the public or private highways, grounds, waters
and streams of any kind of this state. Any pipeline company
now owning or operating a pipeline in this state shall be
issued a permit by the board upon supplying the information as
provided for in section 479.6 .
2. A pipeline company doing business in this state and
proposing to engage in underground storage of gas within this
state shall file with the board its verified petition asking
for a permit to construct, maintain and operate facilities for
the underground storage of gas to include the construction,
placement, maintenance and operation of machinery, appliances,
fixtures, wells, pipelines, and stations necessary for the
construction, maintenance and operation of the gas underground
storage facilities.
3. a. A pipeline company shall hold informational meetings
in each county in which real property or property rights
will be affected at least thirty days prior to filing the
petition for a new pipeline. A member of the board or a person
designated by the board shall serve as the presiding officer
at each meeting, shall present an agenda for the meeting which
shall include a summary of the legal rights of the affected
landowners, and shall distribute and review the statement of
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individual rights required under section 6B.2A . A formal record
of the meeting shall not be required.
b. The meeting shall be held at a location reasonably
accessible to all persons, companies, or corporations which may
be affected by the granting of the permit.
4. a. The pipeline company seeking the permit for a new
pipeline shall give notice of the informational meeting to each
person determined to be a landowner affected by the proposed
project and each person in possession of or residing on the
property. For the purposes of the informational meeting,
“landowner” means a person listed on the tax assessment rolls
as responsible for the payment of real estate taxes imposed on
the property and “pipeline” means a line transporting a solid,
liquid, or gaseous substance, except water, under pressure
in excess of one hundred fifty pounds per square inch and
extending a distance of not less than five miles or having a
future anticipated extension of an overall distance of five
miles.
b. The notice shall set forth the name of the applicant;
the applicant’s principal place of business; the general
description and purpose of the proposed project; the general
nature of the right-of-way desired; the possibility that the
right-of-way may be acquired by condemnation if approved by
the utilities board; a map showing the route of the proposed
project; a description of the process used by the utilities
board in making a decision on whether to approve a permit
including the right to take property by eminent domain; that
the landowner has a right to be present at such meeting and
to file objections with the board; and a designation of the
time and place of the meeting. The notice shall be served by
certified mail with return receipt requested not less than
thirty days previous to the time set for the meeting, and shall
be published once in a newspaper of general circulation in
the county. The publication shall be considered notice to
landowners whose residence is not known and to each person in
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possession of or residing on the property provided a good faith
effort to notify can be demonstrated by the pipeline company.
5. A pipeline company seeking rights under this chapter
shall not negotiate or purchase any easements or other
interests in land in any county known to be affected by the
proposed project prior to the informational meeting.
Sec. 112. Section 481A.1, subsection 35, Code 2014, is
amended to read as follows:
35. “Whitetail” means an animal belonging to the cervidae
Cervidae family and classified as part of the virginianus
Virginianus species of the odocoileus Odocoileus genus,
commonly referred to as whitetail.
Sec. 113. Section 481A.10A, Code 2014, is amended to read
as follows:
481A.10A Farmer advisory committee.
1. The director shall establish a farmer advisory committee
for the purpose of providing information to the department
regarding crop and tree damage caused by deer, wild turkey, and
other predators.
2. Members of the committee shall include a representative
designated by each of the following organizations: the
a. The Iowa corn growers association , the .
b. The Iowa farm bureau federation , the .
c. The Iowa farmers union , the .
d. The Iowa state horticulture society , the .
e. The Iowa Christmas tree growers association , the .
f. The Iowa nursery and landscape association , the .
g. The department of agriculture and land stewardship , and
the .
h. The Iowa state university agricultural extension service.
3. The committee shall meet with a representative of the
department of natural resources on a semiannual basis. The
committee shall serve without compensation or reimbursement for
expenses.
Sec. 114. Section 483A.54, Code 2014, is amended to read as
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follows:
483A.54 Nonliability of the state and its officials.
1. Bonds issued are special limited obligations of the
commission and are not a debt or liability of the state or
any other political subdivision within the meaning of any
constitutional or statutory debt limitation and are not a
pledge of the state’s credit or taxing power within the meaning
of any constitutional or statutory limitation or provision
and, except as provided in this division subchapter , an
appropriation shall not be made, directly or indirectly, by the
state or any political subdivision of the state for the payment
of bonds. The bonds are special obligations of the commission
payable solely from the wildlife habitat bond fund. Funds from
the general fund of the state shall not be used to pay interest
or principal on the bonds if revenues deposited in the wildlife
habitat bond fund are insufficient.
2. The members of the commission or other person executing
the bonds is not personally liable for the payment of the
bonds. The bonds are valid and binding obligations of the
commission notwithstanding the fact that before the delivery of
the bonds any of the officers whose signatures appear on the
bonds cease to be officers of the state. From and after the
sale and delivery of the bonds, they shall be incontestable by
the commission.
Sec. 115. Section 493.9, Code 2014, is amended to read as
follows:
493.9 Change in stock.
Any such corporation may, by appropriate amendments to its
articles of incorporation, adopted by a two-third two-thirds
affirmative vote of each class of stock then issued and
outstanding and affected by such amendment, change its common
or preferred stock having a par value to an equal, greater or
less number of shares of stock having no par value, and, in
connection therewith, may fix the amount of capital represented
by such shares of stock without par value.
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Sec. 116. Section 508.36, subsection 5, paragraph c, Code
2014, is amended to read as follows:
c. Weighting factors.
(1) The weighting factors referred to in paragraph “b” are
given in the following tables:
(a) (i) (1) (a) Weighting Factors for Life Insurance:
Guarantee Duration (Years) Weighting Factors
10 or less .50
More than 10,
but not more than 20 .45
More than 20 .35
(ii) (b) For life insurance, the guarantee duration is the
maximum number of years the life insurance can remain in force
on a basis guaranteed in the policy or under options to convert
to plans of life insurance with premium rates or nonforfeiture
values or both which are guaranteed in the original policy.
(b) (2) The weighting factors for single premium immediate
annuities and for annuity benefits involving life contingencies
arising from other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options is
.80.
(c) (3) Weighting factors for other annuities and for
guaranteed interest contracts, except as stated in subparagraph
division (b) (2) , shall be as specified in subparagraph
subdivisions (i), (ii), and (iii) divisions (a), (b), and (c)
of this subparagraph division , according to the rules and
definitions in subparagraph subdivisions (iv), (v), and (vi)
divisions (d), (e), and (f) of this subparagraph division :
(i) (a) For annuities and guaranteed interest contracts
valued on an issue-year basis:
Weighting Factor
for Plan Type
Guarantee Duration (Years) A B C
5 or less .80 .60 .50
More than 5,
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but not more than 10 .75 .60 .50
More than 10,
but not more than 20 .65 .50 .45
More than 20 .45 .35 .35
(ii) (b) For annuities and guaranteed interest contracts
valued on a change-in-fund basis, the factors shown in
subparagraph subdivision (i) division (a) of this subparagraph
division increased by:
Plan Type
A B C
.15 .25 .05
(iii) (c) For annuities and guaranteed interest contracts
valued on an issue-year basis, other than those with no
cash settlement options, which do not guarantee interest on
considerations received more than one year after issue or
purchase and for annuities and guaranteed interest contracts
valued on a change-in-fund basis which do not guarantee
interest rates on considerations received more than twelve
months beyond the valuation date, the factors shown in
subparagraph subdivision (i) division (a) of this subparagraph
division or derived in subparagraph subdivision (ii) division
(b) of this subparagraph division increased by:
Plan Type
A B C
.05 .05 .05
(iv) (d) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement options,
the guarantee duration is the number of years for which the
contract guarantees interest rates in excess of the calendar
year statutory valuation interest rate for life insurance
policies with guarantee durations in excess of twenty years.
For other annuities with no cash settlement options and for
guaranteed interest contracts with no cash settlement options,
the guarantee duration is the number of years from the date
of issue or date of purchase to the date annuity benefits are
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scheduled to commence.
(v) (e) “Plan type” , as used in subparagraph subdivisions
(i), (ii), and (iii) divisions (a), (b), and (c) of this
subparagraph division , is defined as follows:
(A) (i) “Plan Type A” : At any time, the policyholder
may withdraw funds only with an adjustment to reflect changes
in interest rates or asset values since receipt of the funds
by the insurance company, or may withdraw funds without that
adjustment but in installments over five years or more, or may
withdraw funds as in immediate life annuity; or no withdrawal
is permitted.
(B) (ii) “Plan Type B” : Before expiration of the interest
rate guarantee, the policyholder may withdraw funds only with
an adjustment to reflect changes in interest rates or asset
values since receipt of the funds by the insurance company, or
may withdraw funds without that adjustment but in installments
over five years or more; or no withdrawal is permitted. At the
end of interest rate guarantee, funds may be withdrawn without
adjustment in a single sum or installments over less than five
years.
(C) (iii) “Plan Type C” : The policyholder may withdraw
funds before expiration of interest rate guarantee in a single
sum or installments over less than five years either without
adjustment to reflect changes in interest rates or asset values
since receipt of the funds by the insurance company, or subject
only to a fixed surrender charge stipulated in the contract as
a percentage of the fund.
(vi) (f) A company may elect to value guaranteed interest
contracts with cash settlement options and annuities with
cash settlement options on either an issue-year basis or on
a change-in-fund basis. Guaranteed interest contracts with
no cash settlement options and other annuities with no cash
settlement options must be valued on an issue-year basis.
As used in this section , an issue-year basis of valuation
refers to a valuation basis under which the interest rate used
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to determine the minimum valuation standard for the entire
duration of the annuity or guaranteed interest contract is the
calendar year valuation interest rate for the year of issue
or year of purchase of the annuity or guaranteed interest
contract, and the change-in-fund basis of valuation refers to a
valuation basis under which the interest rate used to determine
the minimum valuation standard applicable to each change in the
fund held under the annuity or guaranteed interest contract is
the calendar year valuation interest rate for the year of the
change in the fund.
Sec. 117. Section 514.1, subsection 2, Code 2014, is amended
to read as follows:
2. For the purposes of this chapter , “subscriber” :
a. “Health care” means that care necessary for the purpose
of preventing, alleviating, curing, or healing human physical
or mental illness, injury, or disability.
b. “Provider” means a person as defined in section 4.1,
subsection 20, which is licensed or authorized in this state to
furnish health care services.
c. “Subscriber” means an individual who enters into a
contract for health care services with a corporation subject
to this chapter and includes a person eligible for mandatory
medical assistance or optional medical assistance as defined
under chapter 249A , with respect to whom the department
of human services has entered into a contract with a firm
operating under this chapter. For purposes of this chapter ,
“provider” means a person as defined in section 4.1, subsection
20 , which is licensed or authorized in this state to furnish
health care services. “Health care” means that care necessary
for the purpose of preventing, alleviating, curing, or healing
human physical or mental illness, injury, or disability.
Sec. 118. Section 514I.10, subsection 1, Code 2014, is
amended to read as follows:
1. Cost sharing for eligible children whose family income
is below one hundred fifty percent of the federal poverty
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level shall not exceed the standards permitted under 42 U.S.C.
§ 1396(o)(a)(3) §1396o(a)(3) or § 1396(o)(b)(1) §1396o(b)(1) .
Sec. 119. Section 521B.102, subsection 5, paragraph b,
subparagraph (1), Code 2014, is amended to read as follows:
(1) The association shall satisfy the association’s minimum
capital and surplus requirements through the capital and
surplus equivalents (net , net of liabilities) liabilities, of
the association and its members, which shall include a joint
central fund that may be applied to any unsatisfied obligation
of the association or any of its members, in an amount
determined by the commissioner to provide adequate protection.
Sec. 120. Section 554.1110, Code 2014, is amended to read
as follows:
554.1110 Rules for filing and indexing Rules for filing and
indexing .
The secretary of state shall make and promulgate rules for
all filing and indexing pursuant to this chapter and chapter
554B including but not limited to rules on whether statements
and documents shall be indexed in real estate records.
Sec. 121. Section 554.1201, subsection 2, paragraph p, Code
2014, is amended to read as follows:
p. “Document of title” means a record that in the regular
course of business or financing is treated as adequately
evidencing that the person in possession or control of the
record is entitled to receive, control, hold, and dispose of
the record and the goods the record covers and that purports
to be issued by or addressed to a bailee and to cover goods
in the bailee’s possession which are either identified or are
fungible portions of an identified mass. The term includes a
bill of lading, transport document, dock warrant, dock receipt,
warehouse receipt, and order for delivery of goods. An
electronic “electronic document of title title” means a document
of title evidenced by a record consisting of information stored
in an electronic medium. A tangible “tangible document of
title title” means a document of title evidenced by a record
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H.F. 2404
consisting of information that is inscribed on a tangible
medium.
Sec. 122. Section 554.2311, subsection 2, Code 2014, is
amended to read as follows:
2. Unless otherwise agreed specifications relating to
assortment of the goods are at the buyer’s option and except as
otherwise provided in section 554.2319, subsection 1, paragraph
“c” , and section 554.2319 , subsection 3 , specifications or
arrangements relating to shipment are at the seller’s option.
Sec. 123. Section 556.1, subsection 12, Code 2014, is
amended to read as follows:
12. a. “Property” means a fixed and certain interest
in or right in an intangible that is held, issued, or owed
in the course of a holder’s business, or by a government or
governmental entity, and all income or increment therefrom,
including that which is referred to as or evidenced by any of
the following:
a. (1) Money, check, draft, deposit, interest, dividend,
and income.
b. (2) Credit balance, customer overpayment, gift
certificate, security deposit, refund, credit memorandum,
unpaid wage, unused airline ticket, unused ticket, mineral
proceeds, and unidentified remittance and electronic fund
transfer.
c. (3) Stock or other evidence of ownership interests in
a business association.
d. (4) Bond, debenture, note, or other evidence of
indebtedness.
e. (5) Money deposited to redeem stocks, bonds, coupons,
and other securities, or to make distributions.
f. (6) An amount due and payable under the terms of an
insurance policy, including policies providing life insurance,
property and casualty insurance, workers’ compensation
insurance, or health and disability benefits insurance.
g. (7) An amount distributable from a trust or custodian
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fund established under a plan to provide health, welfare,
pension, vacation, severance, retirement, death, stock
purchase, profit sharing, employee savings, supplemental
unemployment insurance, or similar benefits.
h. (8) Amounts distributable from a mineral interest in
land.
i. (9) Any other fixed and certain interest or right in an
intangible that is held, issued, or owing in the course of a
holder’s business, or by a government or governmental entity.
b. “Property” does not include credits, advance payments,
overpayments, refunds, or credit memoranda shown on the books
and records of a business association with respect to another
business association unless the balance is property described
in section 556.2 held by a banking organization or financial
organization.
Sec. 124. Section 559.2, subsections 1 and 2, Code 2014, are
amended to read as follows:
1. General, special , or otherwise.
2. Vested, contingent , or conditional.
Sec. 125. Section 562A.2, subsection 2, paragraph c, Code
2014, is amended to read as follows:
c. To insure ensure that the right to the receipt of rent is
inseparable from the duty to maintain the premises.
Sec. 126. Section 562A.12, subsection 7, Code 2014, is
amended to read as follows:
7. The bad faith bad-faith retention of a deposit by a
landlord, or any portion of the rental deposit, in violation
of this section shall subject the landlord to punitive damages
not to exceed twice the monthly rental payment in addition to
actual damages.
Sec. 127. Section 589.16, Code 2014, is amended to read as
follows:
589.16 Tax sales legalized.
In all instances where a county treasurer heretofore
conducted a tax sale at the time provided in section 7259 ,
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Code 1935, or section 7262, both of the Code , 1935, sales made
at such tax sale or any adjournment thereof shall not be held
invalid by reason of the failure of the county treasurer to
have brought forward the delinquent tax of prior years upon the
current tax lists in use by the said county treasurer at the
time of conducting the sale, or by reason of the failure of the
county treasurer to have offered all the property unsold before
each adjournment of said sale and said tax sales are hereby
legalized and declared valid notwithstanding the provisions of
section 7193 , Code 1935, and section 7259, both of the Code ,
1935, provided the delinquent taxes for which the said real
estate was sold had been brought forward upon the current tax
list of the year preceding the year in which the said tax
sale was conducted. Provided, however, that no tax sale so
legalized and validated shall affect a special assessment if
the same continues to remain a lien notwithstanding a tax deed
now or hereafter issued pursuant to such tax sale.
Sec. 128. Section 600.1, unnumbered paragraph 2, Code 2014,
is amended to read as follows:
If a proceeding held under this chapter involves an Indian
child as defined in section 232B.3 and the proceeding is
subject to the Iowa Indian child welfare Act under chapter
232B , the proceeding and other actions taken in connection
with the proceeding or this chapter shall comply with chapter
232B . In any proceeding held or action taken under this chapter
involving an Indian child, the applicable requirements of the
federal Adoption and Safe Families Act of 1999 1997 , Pub. L.
No. 105-89, shall be applied to the proceeding or action in a
manner that complies with chapter 232B and the federal Indian
Child Welfare Act, Pub. L. No. 95-608.
Sec. 129. Section 600A.3, unnumbered paragraph 2, Code
2014, is amended to read as follows:
If a proceeding held under this chapter involves an Indian
child as defined in section 232B.3 and the proceeding is
subject to the Iowa Indian child welfare Act under chapter
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232B , the proceeding and other actions taken in connection
with the proceeding or this chapter shall comply with chapter
232B . In any proceeding held or action taken under this chapter
involving an Indian child, the applicable requirements of the
federal Adoption and Safe Families Act of 1999 1997 , Pub. L.
No. 105-89, shall be applied to the proceeding or action in a
manner that complies with chapter 232B and the federal Indian
Child Welfare Act, Pub. L. No. 95-608.
Sec. 130. Section 602.11101, subsection 2, paragraph a,
Code 2014, is amended to read as follows:
a. For the period beginning July 1, 1983, and ending June
30, 1987, the provisions of division I (articles of 1983 Iowa
Acts, ch. 186, articles 1 through 10) 10 of this chapter, take
effect only to the extent that the provisions do not conflict
with the scheduled state assumption of responsibility for the
components of the court system, and the amendments and repeals
of divisions II and III of 1983 Iowa Acts, ch. 186, take effect
only to the extent necessary to implement that scheduled state
assumption of responsibility. If an amendment or repeal to a
Code section in division II or III of 1983 Iowa Acts, ch. 186,
is not effective during the period beginning July 1, 1983, and
ending June 30, 1987, the Code section remains in effect for
that period. On July 1, 1987, 1983 Iowa Acts, chapter ch. 186,
takes effect in its entirety.
Sec. 131. Section 633.356, subsection 3, paragraph a,
subparagraph (6), Code 2014, is amended to read as follows:
(6) If applicable, that the attached copy of the decedent’s
will is the last will of the decedent and has been admitted
to probate or otherwise filed in the office of a clerk of the
district court.
Sec. 132. Section 633.361, subsection 6, Code 2014, is
amended to read as follows:
6. Name, relationship and post office address of each
beneficiary under the will (if if the decedent died testate)
testate or of each heir (if if the decedent died intestate)
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intestate . If any persons take by representation, the personal
representative shall list the deceased person through whom
those persons take and shall also list the persons taking under
that deceased person.
Sec. 133. Section 633.510, subsection 2, Code 2014, is
amended to read as follows:
2. That the said absentee has property in this state
(describing , describing it with reasonable certainty)
certainty , all or part of which is situated in the county in
which the petition is filed.
Sec. 134. Section 633.647, subsection 3, Code 2014, is
amended to read as follows:
3. To make payments to, or for the benefit of, the ward in
any of the following ways:
a. Directly to the ward ; .
b. Directly for the maintenance, welfare , and education of
the ward ; .
c. To the legal guardian of the person of the ward ; or .
d. To anyone who at the time shall have the custody and care
of the person of the ward.
Sec. 135. Section 657.11, subsection 3, Code 2014, is
amended to read as follows:
3. a. This section does not apply to a person during any
period that the person is classified as a chronic violator
under this subsection as to any confinement feeding operation
in which the person holds a controlling interest, as defined
by rules adopted by the department of natural resources. This
section shall apply to the person on and after the date that
the person is removed from the classification of chronic
violator. For purposes of this subsection , “confinement feeding
operation” means an animal feeding operation in which animals
are confined to areas which are totally roofed, and which
are regulated by the department of natural resources or the
environmental protection commission.
a. b. (1) A person shall be classified as a chronic
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violator if the person has committed three or more violations
as described in this subsection prior to, on, or after July 1,
1996. In addition, in relation to each violation, the person
must have been subject to either of the following:
(a) The assessment of a civil penalty by the department or
the commission in an amount equal to three thousand dollars or
more.
(b) A court order or judgment for a legal action brought
by the attorney general after referral by the department or
commission.
(2) Each violation must have occurred within five years
prior to the date of the latest violation, counting any
violation committed by a confinement feeding operation in which
the person holds a controlling interest. A violation occurs
on the date the department issues an administrative order to
the person assessing a civil penalty of three thousand dollars
or more, or on the date the department notifies a person in
writing that the department will recommend that the commission
refer, or the commission refers the case to the attorney
general for legal action, or the date of entry of the court
order or judgment, whichever occurs first. A violation under
this subsection shall not be counted if the civil penalty
ultimately imposed is less than three thousand dollars, the
department or commission does not refer the action to the
attorney general, the attorney general does not take legal
action, or a court order or judgment is not entered against
the person. A person shall be removed from the classification
of chronic violator on the date on which the person and all
confinement feeding operations in which the person holds a
controlling interest have committed less than three violations
described in this subsection for the prior five years.
b. c. For purposes of counting violations, a continuing and
uninterrupted violation shall be considered as one violation.
Different types of violations shall be counted as separate
violations regardless of whether the violations were committed
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during the same period. The violation must be a violation of
a state statute, or a rule adopted by the department, which
applies to a confinement feeding operation and any related
animal feeding operation structure, including an anaerobic
lagoon, earthen manure storage basin, formed manure storage
structure, or egg washwater storage structure; or any related
pollution control device or practice. The structure, device,
or practice must be part of the confinement feeding operation.
The violation must be one of the following:
(1) Constructing or operating a related animal feeding
operation structure or installing or using a related pollution
control device or practice, for which the person must obtain
a permit, in violation of statute or rules adopted by the
department, including the terms or conditions of the permit.
(2) Intentionally making a false statement or
misrepresenting information to the department as part of an
application for a construction permit for the related animal
feeding operation structure, or the installation of the related
pollution control device or practice, for which the person must
obtain a construction permit from the department.
(3) Failing to obtain a permit or approval by the department
for a permit to construct or operate a confinement feeding
operation or use a related animal feeding operation structure
or pollution control device or practice, for which the person
must obtain a permit from the department.
(4) Operating a confinement feeding operation, including a
related animal feeding operation structure or pollution control
device or practice, which causes pollution to the waters of the
state, if the pollution was caused intentionally, or caused
by a failure to take measures required to abate the pollution
which resulted from an act of God.
(5) Failing to submit a manure management plan as required,
or operating a confinement feeding operation required to have
a manure management plan without having submitted the manure
management plan.
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Sec. 136. Section 692.5, Code 2014, is amended to read as
follows:
692.5 Right of notice, access and challenge.
1. Any person or the person’s attorney shall have the
right to examine and obtain a copy of criminal history data
filed with the department that refers to the person. The
person or person’s attorney shall present or mail to the
department written authorization and the person’s fingerprint
identification. The department shall not copy the fingerprint
identification and shall return or destroy the identification
after the copy of the criminal history data is made. The
department may prescribe reasonable hours and places of
examination.
2. Any person who files with the division a written
statement to the effect that a statement contained in the
criminal history data that refers to the person is nonfactual,
or information not authorized by law to be kept, and requests
a correction or elimination of that information that refers
to that person shall be notified within twenty days by the
division, in writing, of the division’s decision or order
regarding the correction or elimination. Judicial review of
the actions of the division may be sought in accordance with
the terms of the Iowa administrative procedure Act, chapter
17A . Immediately upon the filing of the petition for judicial
review the court shall order the division to file with the
court a certified copy of the criminal history data and in no
other situation shall the division furnish an individual or the
individual’s attorney with a certified copy, except as provided
by this chapter .
3. Upon the request of the petitioner, the record and
evidence in a judicial review proceeding shall be closed to
all but the court and its officers, and access thereto shall
be refused unless otherwise ordered by the court. The clerk
shall maintain a separate docket for such actions. A person,
other than the petitioner, shall not permit a copy of any of
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the testimony or pleadings or the substance thereof to be made
available to any person other than a party to the action or
the party’s attorney. Violation of this section shall be a
public offense, punishable under section 692.7 . The provisions
of this section shall be the sole right of action against the
department, its subdivisions, or employees regarding improper
storage or release of criminal history data.
4. Whenever the division corrects or eliminates data as
requested or as ordered by the court, the division shall advise
all agencies or individuals who have received the incorrect
information to correct their files. Upon application to the
district court and service of notice on the commissioner of
public safety, any individual may request and obtain a list of
all persons and agencies who received criminal history data
referring to the individual, unless good cause be shown why the
individual should not receive said the list.
Sec. 137. Section 707.11, subsection 1, Code 2014, is
amended to read as follows:
1. A person commits the offense of attempt to commit murder
when, with the intent to cause the death of another person
and not under circumstances which would justify the person’s
actions, the person does any act by which the person expects
to set in motion a force or chain of events which will cause or
result in the death of the other person.
Sec. 138. Section 715C.1, subsection 11, Code 2014, is
amended to read as follows:
11. a. “Personal information” means an individual’s first
name or first initial and last name in combination with any
one or more of the following data elements that relate to the
individual if any of the data elements are not encrypted,
redacted, or otherwise altered by any method or technology in
such a manner that the name or data elements are unreadable:
a. (1) Social security number.
b. (2) Driver’s license number or other unique
identification number created or collected by a government
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body.
c. (3) Financial account number, credit card number, or
debit card number in combination with any required security
code, access code, or password that would permit access to an
individual’s financial account.
d. (4) Unique electronic identifier or routing code, in
combination with any required security code, access code, or
password that would permit access to an individual’s financial
account.
e. (5) Unique biometric data, such as a fingerprint, retina
or iris image, or other unique physical representation or
digital representation of biometric data.
b. “Personal information” does not include information
that is lawfully obtained from publicly available sources, or
from federal, state, or local government records lawfully made
available to the general public.
Sec. 139. Section 719.1, subsections 1 and 2, Code 2014, are
amended to read as follows:
1. a. A person commits interference with official acts when
the person knowingly resists or obstructs anyone known by the
person to be a peace officer, emergency medical care provider
under chapter 147A , or fire fighter, whether paid or volunteer,
in the performance of any act which is within the scope of the
lawful duty or authority of that officer, emergency medical
care provider under chapter 147A , or fire fighter, whether paid
or volunteer, or who knowingly resists or obstructs the service
or execution by any authorized person of any civil or criminal
process or order of any court.
a. b. Interference with official acts is a simple
misdemeanor. In addition to any other penalties, the
punishment imposed under this paragraph shall include
assessment of a fine of not less than two hundred fifty
dollars.
b. c. If a person commits interference with official acts,
as defined in this subsection, which results in bodily injury,
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the person commits a serious misdemeanor.
c. d. If a person commits interference with official acts,
as defined in this subsection, which results in serious injury,
the person commits an aggravated misdemeanor.
d. e. If a person commits an interference with official
acts, as defined in this subsection , and in so doing inflicts
bodily injury other than serious injury, that person commits an
aggravated misdemeanor.
e. f. If a person commits an interference with official
acts, as defined in this subsection , and in so doing inflicts
or attempts to inflict serious injury, or displays a dangerous
weapon, as defined in section 702.7 , or is armed with a
firearm, that person commits a class “D” felony.
2. a. A person under the custody, control, or supervision
of the department of corrections commits interference with
official acts when the person knowingly resists, obstructs, or
interferes with a correctional officer, agent, employee, or
contractor, whether paid or volunteer, in the performance of
the person’s official duties.
a. b. Interference with official acts in violation of this
subsection is a serious misdemeanor.
b. c. If a person violates this subsection and in so doing
commits an assault, as defined in section 708.1 , the person
commits an aggravated misdemeanor.
c. d. If a person violates this subsection and the
violation results in bodily injury to another, the person
commits an aggravated misdemeanor.
d. e. If a person violates this subsection and the
violation results in serious injury to another, the person
commits a class “D” felony.
e. f. If a person violates this subsection and in so
doing inflicts or attempts to inflict bodily injury other
than serious injury to another, displays a dangerous weapon,
as defined in section 702.7 , or is armed with a firearm, the
person commits a class “D” felony.
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f. g. If a person violates this subsection and uses or
attempts to use a dangerous weapon, as defined in section
702.7 , or inflicts serious injury to another, the person
commits a class “C” felony.
Sec. 140. Section 904.602, subsection 10, Code 2014, is
amended to read as follows:
10. Regulations, procedures, and policies that govern the
internal administration of the department and the judicial
district departments of correctional services under chapter
905 , which if released may jeopardize the secure operation of a
correctional institution operation or program are confidential
unless otherwise ordered by a court. These records include
procedures on inmate movement and control, staffing patterns
and regulations, emergency plans, internal investigations,
equipment use and security, building plans, operation,
and security, security procedures for inmate, staff, and
visits, daily operation records, and contraband and medicine
control. These records are exempt from the public inspection
requirements in section 17A.3 and section 22.2.
These records are exempt from the public inspection
requirements in section 17A.3 and section 22.2 .
DIVISION II
CORRESPONDING CHANGES
Sec. 141. Section 99F.15, subsection 6, Code 2014, is
amended to read as follows:
6. Except for wagers on gambling games or exchanges for
money as provided in section 99F.9, subsection 4 3 , a licensee
who exchanges tokens, chips, or other forms of credit to be
used on gambling games for anything of value commits a simple
misdemeanor.
Sec. 142. Section 99F.16, subsection 2, Code 2014, is
amended to read as follows:
2. Except for coins authorized in section 99F.9, subsection
4 3 , all moneys, coin, and currency found in close proximity of
wagers, or of records of wagers are presumed forfeited. The
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burden of proof is upon the claimant of the property to rebut
this presumption.
Sec. 143. Section 422.34A, subsection 8, Code 2014, is
amended to read as follows:
8. Utilizing a distribution facility within this state,
owning or leasing property at a distribution facility within
this state that is used at or distributed from the distribution
facility, or selling property shipped or distributed from
a distribution facility. For purposes of this subsection ,
“distribution facility” means an establishment where shipments
of tangible personal property are processed for delivery
to customers. “Distribution facility” does not include an
establishment where retail sales of tangible personal property
or returns of such property are undertaken with respect to
retail customers on more than twelve days a year except for a
distribution facility which processes customer sales orders
by mail, telephone, or electronic means, if the distribution
facility also processes shipments of tangible personal property
to customers provided that not more than ten percent of the
dollar amount of goods are delivered and shipped so as to be
included in the gross sales of the corporation within this
state as provided in section 422.33, subsection 2 , paragraph “b”
“a” , subparagraph (6) (2), subparagraph division (f) .
Sec. 144. Section 422.36, subsection 6, Code 2014, is
amended to read as follows:
6. A foreign corporation is not required to file a return
if its only activities in Iowa are the storage of goods for a
period of sixty consecutive days or less in a warehouse for
hire located in this state whereby the foreign corporation
transports or causes a carrier to transport such goods
to that warehouse and provided that none of the goods are
delivered or shipped so as to be included in the gross sales
of the corporation within this state as provided in section
422.33, subsection 2 , paragraph “b” “a” , subparagraph (6) (2),
subparagraph division (f) .
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Sec. 145. Section 805.8C, subsection 5, paragraphs a and b,
Code 2014, are amended to read as follows:
a. For violations of legal age for gambling wagering under
section 99D.11, subsection 7 , section 99F.9, subsection 5 4 ,
and section 725.19, subsection 1 , the scheduled fine is five
hundred dollars. Failure to pay the fine by a person under the
age of eighteen shall not result in the person being detained
in a secure facility.
b. For legal age violations for entering or attempting
to enter a facility under section 99F.9, subsection 6 5 , the
scheduled fine is five hundred dollars. Failure to pay the
fine by a person under the age of eighteen shall not result in
the person being detained in a secure facility.
DIVISION III
DIRECTIVES
Sec. 146. CODE EDITOR DIRECTIVES.
1. Sections 53.38, 53.39, 53.41, 53.44, 53.48, 53.49,
53.50, 53.51, 53.52, 73.15, 73.21, 85.63, 85.67, 85.68,
234.24, 234.26, 234.27, 234.28, 260C.56, 260C.57, 260C.61,
260C.63, 260C.64, 260C.65, 260C.67, 262.53, 262.56, 262.59,
262.60, 262.62, 262.63, 262.64, 262.65, 263.13, 358.36, 358.37,
461A.75, 461A.76, 461A.78, 462A.85, 476.26, 476.82, 483A.56,
and 499.71, are amended by striking the word “division” and
inserting in lieu thereof the word “subchapter”.
2. Sections 53.46, subsections 1, 3, 5, 6, and 7; 53.53,
subsections 1 and 3; 73.16, subsection 2, paragraph “c”;
85.65A, subsection 3, paragraph “e”; 85.66, subsection 1;
262.55, unnumbered paragraph 1; 263.11, unnumbered paragraph
1; 462A.77, subsection 9; 462A.83, unnumbered paragraph 1;
476.23, subsections 2 and 4; 476.25, subsection 1; 476.42,
unnumbered paragraph 1; 476.42, subsection 1, paragraph
“b”; 476.42, subsection 4, paragraph “b”; 476.44, subsection
2, paragraph “a”; 476.72, unnumbered paragraph 1; 476.76,
unnumbered paragraph 1; 483A.50, unnumbered paragraph 1;
483A.50, subsection 1; 483A.51, subsections 2, 5, and 6;
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499.61, unnumbered paragraph 1; 499.69, subsection 1, paragraph
“a”; and 499.69, subsection 1, paragraph “b”, subparagraph (3),
are amended by striking the word “division” and inserting in
lieu thereof the word “subchapter”.
3. Sections 144A.12, 331.449, 331.470, 554.9801, 554.9802,
554.9803, 554.9805, and 554.9809 are amended by striking,
within the Iowa Acts citation, the word “chapter” and inserting
in lieu thereof the abbreviation “ch.”.
4. Sections 202B.202, subsections 2 and 3; 490.1703,
subsection 1, unnumbered paragraph 1; 490.1703, subsection
2; 514C.27, subsection 1, unnumbered paragraph 1; 516B.2,
unnumbered paragraph 1; 535.2, subsection 6, paragraph “a”;
554.9804, subsection 1; 554.9806, subsection 1, paragraph “a”;
554.9806, subsection 2, paragraph “b”; 554.9806, subsection
3, paragraph “a”; 554.9807, subsections 2 and 5; 602.11101,
subsection 2, paragraph “b”; and 602.11101, subsection 3, are
amended by striking, within the Iowa Acts citation, the word
“chapter” and inserting in lieu thereof the abbreviation “ch.”.
5. Section 589.22 is amended by striking, within the Iowa
Acts citation, the letters “ch” and inserting in lieu thereof
the abbreviation “ch.”.
6. Sections 202B.202, subsection 1; 426C.4, subsection
1, paragraph “b”, subparagraph (2); 504.1703, subsection 1,
unnumbered paragraph 1; 504.1703, subsection 2; and 508.38,
subsection 11, are amended by striking, within the Iowa Acts
citation, the letters “ch” and inserting in lieu thereof the
abbreviation “ch.”.
7. Section 155A.43 is amended by striking, within the Iowa
Acts citation, the words “chapter” and “section” and inserting
in lieu thereof the abbreviation “ch.” and the symbol “§”.
8. Sections 8.57, subsection 2; 135C.2, subsection 5;
144D.4, subsection 10; 233A.1, subsection 3; 233B.1, subsection
3; and 411.30, subsection 1, paragraph “c”, are amended by
striking, within the Iowa Acts citation, the words “chapter”
and “section” and inserting in lieu thereof the abbreviation
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“ch.” and the symbol “§”.
9. Section 554.11101 is amended by striking, within the Iowa
Acts citation, the words “chapter” and “sections” and inserting
in lieu thereof the abbreviation “ch.” and the symbol “§”.
10. Sections 12E.3A, subsection 1; 16.54, subsection
2; 135.153, subsection 1; 135.166, subsection 1; 249L.4,
subsection 5, paragraph “a”; 312A.3, subsection 1, paragraph
“a”; 315.4, subsection 1, paragraph “a”, subparagraph (2);
455E.11, subsection 2, paragraph “a”, subparagraph (2),
subparagraph division (f); and 505.32, subsection 2, paragraph
“g”, are amended by striking, within the Iowa Acts citation,
the word “section” and inserting in lieu thereof the symbol
“§”.
11. Section 446.45 is amended by striking, within the
Iowa Acts citation, the word “sections” and inserting in lieu
thereof the symbol “§”.
12. Section 229.39, subsection 3, paragraph “a”, is amended
by striking, within the Iowa Acts citation, the word “sections”
and inserting in lieu thereof the symbol “§”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill makes Code changes and corrections that are
considered to be nonsubstantive and noncontroversial, in
addition to style changes. Changes made include updating
or correcting names of and references to public and private
entities and funds, corrections to references to federal
Acts, changes to format, correcting internal Code and Iowa
Acts references and terminology, making various corrections
to spelling and grammar, punctuation changes, and numbering,
renumbering, and reorganizing various provisions to eliminate
unnumbered paragraphs and to facilitate citation. The Code
sections in which the technical, grammatical, and other
nonsubstantive changes are made include the following:
DIVISION I.
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Code section 2.10: Numbers unnumbered paragraphs to
eliminate the unanchored unnumbered paragraph within this
provision relating to payment of per diem to members of the
general assembly.
Code section 2.48: Adds a subsection headnote to a
provision relating to subsequent reviews of tax expenditures or
incentives by the legislative oversight committee. All other
subsections in the Code section have subsection headnotes.
Code section 8.6: Combines a paragraph relating to rules
pertaining to customer councils with another paragraph that
also relates to those rules, and renumbers the resulting
paragraph.
Code sections 10A.104 and 10A.105: Updates punctuation
by replacing parentheses with commas around citations to the
federal Indian Gaming Regulatory Act, in provisions regarding
agreements or compacts between the state of Iowa and Indian
tribes to implement the federal Act and the confidentiality of
related records and materials.
Code section 13B.4B: Updates the style of language relating
to when summary claims data, which has been submitted to
the state public defender and pertains to an attorney’s
representation of an indigent client, may be released.
Code section 15J.2: Corrects the subject-verb agreement in
language defining what constitutes a substantial improvement
to property.
Code section 16.1: Reformats and adds the words “the
following” to eliminate a nonconforming Code numbering scheme
in language defining the term “low or moderate income families”
for purposes of provisions under the jurisdiction of the Iowa
finance authority.
Code section 16.2A: Adds the word “division” before the
word “board” in two places in language relating to the board
of the title guaranty division of the Iowa finance authority.
The term “board” is defined in Code chapter 16 to mean the Iowa
finance authority board of directors.
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Code section 24.9: Numbers unnumbered paragraphs to
facilitate citation to this provision pertaining to the process
for adoption and certification of municipal budget estimates.
Code section 28E.24: Numbers unnumbered paragraphs to
facilitate citation to this provision pertaining to the
determination of the amount and sources of revenue for a
unified law enforcement district created by a Code chapter 28E
agreement.
Code section 49.7: Numbers unnumbered paragraphs to
facilitate citation to this provision pertaining to the
schedule and filing requirement for changes to election
precinct boundary lines after the redistricting if
congressional and legislative districts becomes law.
Code section 49.64: Numbers items in a series that appears
after a colon and which describes the number of ballots that
are to be delivered to an election precinct by the commissioner
of elections in presidential and nonpresidential elections.
Code section 53.37: Replaces chapter subunit references
to “division” with chapter subunit references to “subchapter”
and corrects the name of a federal Act pertaining to absentee
voting by members of the armed forces and oversees citizens,
in this provision regarding absentee voting by members of the
armed forces.
Code sections 70A.26 and 70A.39: Adds, to facilitate
hypertext linkage, a numeric citation to the Code chapter which
contains Iowa tort claims Act after a reference to that Act by
name in provisions relating to disaster service volunteer leave
by public employees and the bone marrow and organ donation
incentive program.
Code section 73A.21: Strikes an extraneous “that” in
language relating to the remedies for the failure of a
contractor or subcontractor of a public improvement to file
records after receiving a request for records from the labor
commissioner.
Code section 85.64: Replaces a chapter subunit reference to
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“division” with a chapter subunit reference to “subchapter” and
numbers unnumbered paragraphs to facilitate citation to this
provision regarding limitations of benefits for an employee who
becomes permanently disabled due to a compensable injury to or
loss of a member or organ if the employee has previously lost
or lost use of a different member or organ.
Code section 88.5: Updates punctuation by replacing a set of
parentheses with commas in language relating to the contents of
an application for an order for a temporary variance from an
occupational safety or health standard.
Code section 89.4: Changes the language of an exception from
boiler regulations, for continuous coil-type boilers that are
used only for steam vapor, that describes the water temperature
that the water inside the boiler cannot exceed, so that the
expression of temperature is in numerals, not in words.
Code section 96.3: Moves a quotation mark to correct a
reference to the term “off” indicator to conform to other
instances of that same term in other provisions of Code chapter
96, which pertains to unemployment compensation. The term
appears correctly in Code section 96.19, subsections 21, 29,
and 30, and Code section 96.29, subsection 5.
Code section 96.11: Changes the word “insure” to “ensure” in
language relating to the taking of actions by the department
to make certain that the Iowa extended unemployment insurance
benefit language is interpreted and applied in a manner which
meets federal requirements.
Code section 99F.9: Renumbers to eliminate a reserved
subsection within this provision regulating wagering on
gambling games. Internal references to this provision are
corrected in Division II of this bill.
Code section 99F.11: Adds a numeric citation after a
reference to the rebuild Iowa infrastructure fund by name to
facilitate hypertext linkage to the statute in which the fund
is created in language relating to distribution of tax revenues
from gambling games.
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Code section 101A.7: Numbers unnumbered paragraphs to
facilitate citation to this provision relating to inspection
by the state fire marshal’s office of storage facilities for
explosives.
Code section 123.41: Moves the words “to a manufacturer” to
improve the readability of language relating to application,
granting, and renewal of licenses to allow the manufacture,
storage, and wholesale disposition and sale of alcoholic
liquors.
Code section 123.50: Corrects the form of two citations to
Code section 123.49 to facilitate hypertext linkage to that
Code section in language stating that if a liquor control
licensee or wine or beer permittee is convicted of certain
offenses, the conviction constitutes grounds for revocation or
suspension of the person’s license or permit.
Code section 124.201: Changes the capitalization of a
reference to the term “federal register” in language regarding
the designation of controlled substances to conform the
capitalization of the term to other instances of the term
elsewhere in the Code.
Code section 135.64: Corrects a reference to the university
of Iowa hospitals and clinics by name in language relating to
applications for certificates of need that are submitted by
that institution.
Code section 135.152: Adds the word “for” to improve
the readability of language relating to determinations of
eligibility for assistance under the medical assistance and
medically needy programs and the obstetrical and newborn
indigent patient care program.
Code section 135B.34: Adds the word “adult” to correct
a reference to dependent adult abuse in language relating
to employment screening for persons being considered for
employment in hospitals.
Code section 137F.1: Changes an exception to the definition
of potentially hazardous food that describes the hydrogen
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ion concentration of certain food when measured at certain
temperatures by changing the description of temperature levels
from words to numbers.
Code sections 163.4 and 163.5: Strikes the extraneous
word “such” in language describing the powers of assistant
veterinarians.
Code section 163.27: Changes language describing the
boiling requirements for garbage that is to be fed to animals
by changing the description of temperature levels from words
to numbers.
Code section 175.5: Adds the word “and” before the last
item in a series to correct the grammar of language describing
the duties and powers of the Iowa finance authority under the
chapter relating to agricultural development.
Code section 176A.10: Corrects internal references to
subparagraphs to allow for hypertext linkage in this provision
relating to taxation for county agricultural extension
education.
Code section 185C.6: Adds the word “an” before the words
“at-large” in language describing the election of directors
to the Iowa corn promotion board to conform the language to
similar language elsewhere in the Code describing at-large
representation by elected officials.
Code section 189A.2: Updates punctuation by replacing
parentheses with commas in citations to various federal Acts
within definitions referring to those Acts in the Code chapter
relating to meat and poultry inspection.
Code section 196.8: Changes language describing the
temperature limit for storage of eggs intended for human
consumption by changing the description of temperature levels
from words to numbers.
Code section 203C.3: Adds, to facilitate hypertext
linkage, a numeric reference to the Code chapter containing
the administrative procedure Act, after a reference to that
Act by name, in language relating to the appointment of the
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department of agriculture and land stewardship as the receiver
for agricultural commodities stored in the warehouse of a
licensee whose license has been suspended.
Code section 203C.28: Numbers unnumbered paragraphs to
facilitate citation to a provision relating to tariff rates on
the receiving, storage, and load-out of grain by warehouses for
agricultural products.
Code section 207.4: Numbers and renumbers to eliminate
unanchored unnumbered paragraphs in language relating to coal
mine site permits.
Code section 215.20: Changes language describing the
temperature at which liquefied petroleum gas shall be kept,
offered, exposed for sale, or sold by the pound or metered
cubic foot of vapor by changing the description of the
temperature level from words to numbers.
Code section 225C.12: Corrects the name of the mental
health and disabilities fund in language relating to local
deposit and use of state funds appropriated for mental health
and disability services to conform to the changes made by 2012
Acts, chapter 1120, to the name of the county fund contained in
Code section 331.424A.
Code sections 225C.32 and 227.2: Updates the name of the
local board that coordinates mental health and disability
services to conform the name to the changes made to the names
of entities, funds, and services for persons with mental health
and other disabilities by 2012 Acts, chapter 1120.
Code section 226.9C: Corrects the name of the mental health
and disabilities fund in language relating to the splitting
of charges for services between the fund established in Code
section 331.424A and the county’s budget for substance abuse
expenditures to conform to the change made to the name of that
fund by 2012 Acts, chapter 1120.
Code section 229.21: Moves a reference to Code section
229.6 to place the reference both in Code order and with the
language relating to involuntary hospitalization that the
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reference modifies in this provision relating to the filing of
applications for involuntary hospitalization of persons with
mental health or substance-related disorders.
Code section 231.23A: Strikes the word “program” from
language listing the aging and disability resource center as
an entity that is administered by the department on aging to
conform to changes made to the enabling statute for the center,
Code section 231.64, by 2013 Acts, chapter 29, §29.
Code section 232.7: Corrects the year of enactment in a
citation to the federal Adoption and Safe Families Act in this
provision relating to juvenile court proceedings involving an
Indian child. Public law number 105-89 was signed on November
19, 1997, by President Bill Clinton.
Code sections 232.175 and 232.178: Corrects the name of the
federal Adoption Assistance and Child Welfare Act in language
relating to foster care placement of children in conformance
with that Act.
Code section 235A.18: Adds the word “that” to improve the
readability of language regarding the retention of a person’s
name on the child abuse registry.
Code section 249A.26: Changes language relating to case
management for mental health and disabilities services
to conform to the changes made by 2012 Acts, chapter
1120, to names of the entities, funds, and services that
provide assistance to persons with mental health and other
disabilities.
Code section 252.13: Numbers unnumbered paragraphs and
creates a lettered list in language describing the recovery of
expenditures made by counties for the assistance or support of
the poor from various persons and entities.
Code sections 252B.4, 252B.13A, and 252.24: Corrects
multiple federal United States Code section citations by
lower-casing the lettered portion of the alphanumeric section
cited in provisions governing the collection of child support.
Code section 256.35: Corrects a reference in this provision
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establishing the regional autism assistance program to the
child health specialty clinics of the university of Iowa
hospitals and clinics by name to conform the reference to other
references to the clinics elsewhere in the Code.
Code section 256.39: Changes a verb to a noun to conform
the usage in this paragraph describing an element that must be
included in a career pathways program to the language contained
in the prefatory clause and to the usage in the remaining
paragraphs of the subsection.
Code section 256F.2: Corrects the subject-verb agreement in
this definition of an “innovation zone consortium”.
Code section 257.31: Corrects the subject-verb agreement
and replaces generic paragraph references with specific
letter references in language relating to the appropriation of
supplemental aid to certain school districts.
Code section 258.16: Corrects an internal reference to
facilitate hypertext linkage in language relating to planning
for vocational education instructional programs.
Code section 260C.18A: Strikes the words “of education”
after a reference to the department of education in language
relating to the development of career academies. The term
“department” is defined in Code chapter 260C as meaning the
department of education.
Code sections 260C.58 and 260C.62: Numbers unnumbered
paragraphs to facilitate citation and replaces chapter subunit
references to “division” with chapter subunit references
to “subchapter” in two provisions relating to bonding for
community college facilities.
Code sections 260F.6, 260F.6B, and 260F.7: Strikes the
words “economic development” that appear before the word
“authority” in two Iowa jobs training program provisions. The
term “authority” is defined in Code chapter 260F as meaning the
economic development authority.
Code section 261.19: Corrects a reference by name to the Des
Moines university —— osteopathic medical center within language
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establishing the health care professional recruitment program
to conform the reference to other references to that medical
center elsewhere in the Code.
Code sections 262.57 and 262.61: Numbers unnumbered
paragraphs to facilitate citation and replaces chapter subunit
references to “division” with chapter subunit references
to “subchapter” in two provisions relating to bonding for
facilities at board of regents institutions.
Code section 275.23A: Changes the word “nor” to “and not” to
correct the grammar of a sentence that established the timing
for adoption of a resolution by a school board to authorize
a change in the boundaries, the number of directors, or the
method of election of directors of an existing school district
director district.
Code section 297.36: Numbers unnumbered paragraphs to
facilitate citation to this provision regarding loan agreements
that are entered into by school boards in anticipation of
collection of a voter-approved tax levy to fund physical plant
and equipment improvements.
Code section 312.2: Reformats an internal reference to
facilitate hypertext linkage in language relating to allotments
from the road use tax fund.
Code section 321.258: Reformats an extended series into
a lettered list to improve the readability of this provision
regarding arrangement of lights on official traffic-control
signals.
Code section 321.440: Updates the punctuation in a lettered
list to conform to current Code style in a provision that
enumerates the defects that will cause a pneumatic tire to be
deemed unsafe.
Code section 331.382: Strikes an extraneous “or” in a series
of citations to Code chapters and portions of Code chapters,
which a county board must follow when taking action regarding
the special districts that are authorized under those Code
chapters.
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Code section 341A.18: Numbers unnumbered paragraphs to
facilitate citation to this provision enumerating the civil
rights and responsibilities of persons who seek or obtain civil
service employment.
Code section 392.5: Numbers unnumbered paragraphs and
modifies the format of an existing Iowa Acts reference in
this provision relating to local library boards to facilitate
citation and to conform to the Iowa Acts reference to
references which are modified elsewhere in this bill.
Code sections 403.8 and 403.9: Reformats internal
references to facilitate hypertext linkage in these two
provisions in the urban renewal chapter.
Code section 419.4: Adds the word “the” before the word
“lessee” to improve the readability of a series and conform the
series to other language within the same subparagraph in this
provision relating to bond revenues for municipal projects.
Code section 422.11S: Strikes an extraneous “and” in a
series that describes the years and amounts which constitute
“total approved tax credits” in the enumerated tax years.
Code section 422.12C: Renumbers to eliminate unanchored
unnumbered paragraphs within this provision governing early
childhood development tax credits and expenses.
Code section 422.33: Renumbers to eliminate unanchored
unnumbered paragraphs and corrects internal references within
this provision relating to business tax on corporations.
Internal references to this Code section are corrected in
division II of this bill.
Code section 422.70: Splits a paragraph into two and then
redesignates the new and the remaining, succeeding paragraphs
to perfect the listing of the powers of the director of revenue
with respect to determinations of taxpayer tax liability.
Code section 423.3: Renumbers to eliminate unanchored
unnumbered paragraphs within this provision defining the term
“prosthetic device” for purposes of a sales tax exemption for
certain drugs, devices, and equipment.
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Code section 426A.8: Numbers unnumbered paragraphs to
facilitate citation and corrects an internal reference in this
provision governing military service tax exemptions.
Code section 426A.11: Adds commas in two places to complete
the set-off of descriptive clauses in language describing the
amount of the value of a veteran’s property that is allowed for
purposes of the military service tax exemption.
Code section 426B.5: Corrects, in two places, references
by name to the mental health and disabilities fund which is
established in Code section 331.424A to conform to the changes
made to the name of that fund by 2012 Acts, chapter 1120.
Code section 445.37: Numbers unnumbered paragraphs to
facilitate citation to this provision describing when taxes are
considered delinquent.
Code sections 452A.2, 452A.3, and 452A.86: Changes language
describing the temperature at which various motor fuels
are kept when offered for sale, exposed for sale, or sold,
for purposes of excise taxes on that fuel, by changing the
description of the temperature level from words to numbers.
Code section 455B.171: Changes language in two definitions
describing petroleum and other regulated substances, for
purposes of federal and state environmental protection
regulation, by changing the description of temperature levels
from words to numbers.
Code section 455E.11: Splits a subparagraph subdivision and
numbers the resulting new subparagraph subdivision, to place
a definition that, by its own terms, applies to the entire
subparagraph division.
Code section 455G.2: Changes language in the definition of
petroleum-leaking underground petroleum storage tank chapter,
by changing the description of temperature levels from words
to numbers.
Code section 455G.13: Changes “owner” to “owner’s” and
strikes a comma to correct the grammar and punctuation in this
provision relating to rights and liabilities of persons for
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release of petroleum from an underground storage tank.
Code section 456A.37: Changes a reference to wildlife
or plant species, within this provision relating to invasive
species, from plural to singular, to make references to those
species consistent throughout this Code section.
Code section 462A.2: Moves a quotation mark that relates to
a subdefinition within the definition of the term “proceeds” to
be consistent with the quotation marks used to describe another
related subdefinition within this definitions provision for the
Code chapter regulating water navigation.
Code section 468.188: Numbers unnumbered paragraphs to
facilitate citation to this provision relating to public
improvements which divide a levee and drainage district.
Code section 468.500: Adds the words “subchapter II” to
two internal references to facilitate hypertext linkage to
those references in a provision relating to the placement of
the management of a drainage or levee district under a board
of trustees.
Code section 479.5: Numbers and letters unnumbered
paragraphs to facilitate citation to this provision relating to
applications for permits to construct, maintain, and operate a
pipeline in this state.
Code section 481A.1: Capitalizes the scientific names used
in this definition of whitetail deer to be consistent with the
capitalization of the other scientific names used in this Code
section.
Code section 481A.10A: Reformats this provision relating
to the farmer advisory committee to create subsections and to
put the elements of an extended series into a lettered list to
improve the readability of the provision.
Code section 483A.54: Numbers unnumbered paragraphs to
facilitate citation and replaces chapter subunit references to
“division” with chapter subunit references to “subchapter” in
this provision that exempts the state and state officials from
liability for the payment of bonds that are payable from the
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wildlife habitat bond fund.
Code section 493.9: Changes the word “two-third” to
“two-thirds” to correctly describe the proportion of the
vote of each class of stock that is needed for a business or
professional corporation to make changes to the corporation’s
stock.
Code section 508.36: Redesignates this provision describing
the weighting factors used in computation of the minimum
standard for the valuation of life insurance policies,
annuities, and pure endowment contracts to eliminate one
level of numbering, and corrects related internal references,
because the current scheme has a subparagraph (1), but has no
subparagraph (2).
Code section 514.1: Alphabetizes definitions within
the definitions provision for the Code chapter relating to
nonprofit health service corporations.
Code section 514I.10: Strikes parentheses within a United
State Code reference to correct the alphanumeric section
reference in language describing the federal cost sharing
standards used in the hawk-i program.
Code section 521B.102: Replaces parentheses with commas to
improve the punctuation within this provision governing when
credit for reinsurance is allowed to a domestic ceding insurer.
Code section 554.1110: Enacts a Code section headnote
for a section of the uniform commercial code, pertaining to
the adoption of rules for filing and indexing. The headnote
for the Code section was supplied by the Code editor at the
time the section was codified, because the headnote was not
present in 1967 Iowa Acts, chapter 390, §6, when the enabling
legislation was enacted. Code section 3.3 provides that
headnotes in Code chapter 554 are to be considered part of the
law as enacted.
Code section 554.1201: Places quotes around defined terms
that are within the definition of the term “document of title”
in the general definitions section for the uniform commercial
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code.
Code section 554.2311: Supplies two missing commas after
internal references that appear in this provision regarding
options relating to assortment of the goods under a contract
for sale.
Code section 556.1: Redesignates paragraphs to eliminate
unanchored unnumbered paragraphs in this definition of property
that is contained within the general definitions section of the
Code chapter governing disposition of unclaimed property.
Code section 559.2: Supplies missing commas in two
provisions that each contain a series describing the nature of
a power to appoint that is conveyed in a written instrument and
that affects real property.
Code section 562A.2: Changes the word “insure” to “ensure”
in language describing the purposes of the Code chapter
governing the rental of property and obligations of landlords
and tenants.
Code section 562A.12: Hyphenates to correct the usage of
the term “bad-faith” in this provision describing when the
retention of a deposit by a landlord will subject the landlord
to punitive damages.
Code section 589.16: Standardizes the citation form of
two citations to the Code of 1935 to permit future hypertext
linkage to those prior Codes within this legalizing Act that
validates certain tax sales.
Code sections 600.1 and 600A.3: Corrects the year of
enactment within two citations to the federal Adoption and
Safe Families Act, Pub. L. No. 105-89, in provisions relating
to adoption of an Indian child and termination of the child’s
parents’ parental rights. The public law was signed on
November 19, 1997, by President Bill Clinton.
Code section 602.11101: Updates the form of citations to
1983 Iowa Acts, chapter 186 to facilitate future hypertext
linkage to that 1983 Iowa Act and to distinguish references
to portions of that Act from references to portions of Code
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chapter 602 in this provision describing the transitional
implementation of those 1983 changes to this Code chapter
relating to the operation of the Iowa judicial system.
Code section 633.356: Adds the word “the” to enhance the
readability of language describing the circumstances under
which a decedent’s personal property may be distributed by
affidavit.
Code section 633.361: Strikes parentheses to improve the
readability of this provision describing the probate report and
inventory by the personal representative of an estate.
Code section 633.510: Strikes parentheses to improve
the punctuation of this provision describing one of the
circumstances that must be alleged in order that administration
may be had upon the estate of a person who is an absentee.
Code section 633.647: Updates the punctuation and deletes
the extraneous word “or” within a list describing the way that
payments may be made by a conservator to a ward, to conform the
provision to current style.
Code section 657.11: Redesignates, to eliminate an initial
unanchored unnumbered paragraph and to conform to current Code
drafting style, in this provision describing when an animal
feeding operation is or is not considered to be a chronic
violator for purposes of defending against a nuisance suit
against the operation.
Code section 692.5: Numbers unnumbered paragraphs to
facilitate citation to this provision regarding a person’s
rights with respect to criminal history data that is filed with
the department of public safety.
Code section 707.11: Adds the words “the offense of”
before language naming the offense and then describing the
elements of the crime of attempt to commit murder to improve
the readability of the language.
Code section 715C.1: Redesignates to eliminate unanchored
unnumbered paragraphs in the definition of “personal
information” in the general definitions provision of the
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chapter regarding personal information security breach
protection.
Code section 719.1: Redesignates, to eliminate an initial
unanchored unnumbered paragraph and to conform to current Code
drafting style, within this provision regarding the commission
of the crime of interference with official acts.
Code section 904.602: Combines two paragraphs to eliminate
an unanchored unnumbered paragraph in language describing one
of the types of records of the department of corrections that
are confidential, unless otherwise ordered by a court.
DIVISION II. This division contains corrections to internal
references to Code sections 99F.9 and 422.33 that are numbered,
renumbered, designated, or redesignated in division I of this
bill.
DIVISION III. This division contains a series of 12 Code
editor directives that make internal references within the
Code more consistent. The first two directives amend various
provisions within the Code to replace references to divisions
with references to subchapters in chapters in which the
chapter subunits are not currently assigned a chapter subunit
designation or numbered, but which have a chapter subunit
title. The third through twelfth directives modify the format
of existing Iowa Acts references throughout the Code to make
the citations consistent.
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