Bill Text: IA HF2462 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, resolve inconsistencies and conflicts, remove ambiguities, and provide for Code editor directives. (Formerly HSB 645.) Effective date: 07/01/2024.

Spectrum: Committee Bill

Status: (Passed) 2024-04-10 - Signed by Governor. H.J. 773. [HF2462 Detail]

Download: Iowa-2023-HF2462-Introduced.html

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House File 2462 - Introduced
HOUSE FILE 2462
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 645)
A BILL FOR
An Act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, resolve
inconsistencies and conflicts, remove ambiguities, and
provide for Code editor directives.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 8A.203, subsection 4, Code 2024, is
amended to read as follows:
4. Advise The commission shall advise the department and the
state librarian concerning the library services duties of the
department.
Sec. 2. Section 8A.232, Code 2024, is amended to read as
follows:
8A.232 Administrator.
The state librarian shall be the compact administrator. The
compact administrator shall receive copies of all agreements
entered into by the state or its political subdivisions
and other states or political subdivisions; consult with,
advise , and aid such governmental units in the formulation of
such agreements; make such recommendations to the governor,
legislature, and governmental agencies and units as the
administrator deems desirable to effectuate the purposes of
this compact ; and consult and cooperate with the compact
administrators of other party states.
Sec. 3. Section 8A.311B, subsection 6, paragraph h, Code
2024, is amended to read as follows:
h. The director shall require a contractor or 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 director may direct, within fifteen days after
the end of the ten-day period, 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
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commissioner director indicating that the request for records
as required by this section has been satisfied.
Sec. 4. Section 9C.3, subsections 2, 3, and 4, Code 2024,
are amended to read as follows:
2. If the application be is made by an agent, bailee,
consignee, or employee, the application shall so state and set
out the name and address of such agent, bailee, consignee, or
employee , and shall also set out the name and address of the
owner of the tangible personal property to be sold or offered
for sale.
3. The application shall state whether Whether or not the
applicant has an Iowa retailers sales or use tax permit and , if
the applicant has such permit, shall state the number of such
permit.
4. If the applicant be is a corporation, the application
shall state whether or not the applicant is an Iowa corporation
or a foreign corporation, and , if a foreign corporation, shall
state whether or not such corporation is authorized to do
business in Iowa.
Sec. 5. Section 10A.511, subsection 3, Code 2024, is amended
to read as follows:
3. To promulgate fire safety rules in consultation with the
state fire marshal. The director shall have exclusive right
to promulgate fire safety rules as they apply to enforcement
or inspection requirements by the department, but the rules
shall be promulgated pursuant to chapter 17A . Wherever by
any statute the director or the department is authorized
or required to promulgate, proclaim, or amend rules and
minimum standards regarding fire hazards or fire safety or
protection in any establishment, building, or structure, the
rules and standards shall promote and enforce fire safety,
fire protection, and the elimination of fire hazards as the
rules may relate to the use, occupancy, and construction
of the buildings, establishments, or structures. The word
“construction” shall include but is not limited to electrical
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wiring, plumbing, heating, lighting, ventilation, construction
materials, entrances and exits, and all other physical
conditions of the building which may affect fire hazards,
safety, or protection. The rules and minimum standards shall
be in substantial compliance except as otherwise specifically
provided in this chapter part , with the standards of the
national fire protection association relating to fire safety as
published in the national fire codes.
Sec. 6. Section 10A.514, Code 2024, is amended to read as
follows:
10A.514 Authority for inspection —— orders.
The chief of a fire department or an authorized subordinate
who is trained in fire prevention safety standards may enter
a building or premises at a reasonable hour to examine the
building or premises and its contents. The examining official
shall order the correction of a condition which is in violation
of this chapter part , a rule adopted under this chapter part ,
or a city or county fire safety ordinance. The order shall be
in writing or, if the danger is imminent, orally followed by a
written order. The examining official shall enforce the order
in accordance with the applicable law or ordinance. At the
request of the examining official the director may assist in
an enforcement action.
Sec. 7. Section 10A.515, subsection 1, Code 2024, is amended
to read as follows:
1. If a person has violated or is violating a provision of
this chapter part or a rule adopted pursuant to this chapter
part , the director, the chief of any fire department, or
the fire prevention officer of a fire department organized
under chapter 400 may issue an order directing the person to
desist in the practice which constitutes the violation and
to take corrective action as necessary to ensure that the
violation will cease. The order shall be in writing and shall
specify a reasonable time by which the person shall comply
with the order. The person to whom the order is issued may
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appeal the order as provided in chapter 17A . On appeal,
the administrative law judge may affirm, modify, or vacate
the order. Judicial review may be sought in accordance with
chapter 17A .
Sec. 8. Section 10A.516, Code 2024, is amended to read as
follows:
10A.516 Legal proceedings —— penalties —— injunctive relief.
At the request of the director, the county attorney
shall institute any legal proceedings on behalf of the
state necessary to obtain compliance or enforce the penalty
provisions of this chapter part or rules or orders adopted or
issued pursuant to this chapter part , including but not limited
to a legal action for injunctive relief. The county attorney
or any other attorney acting on behalf of the chief of a fire
department or a fire prevention officer may institute legal
proceedings, including but not limited to a legal action for
injunctive relief, to obtain compliance or enforce the penalty
provisions or orders issued pursuant to section 10A.515 .
Sec. 9. Section 10A.713, subsection 2, paragraph g,
subparagraph (2), Code 2024, is amended to read as follows:
(2) If these conditions are not met, the institutional
health facility is subject to review as a “new institutional
health service” or “changed institutional health service” under
section 10A.711, subsection 17 , paragraph “d” , and is subject
to sanctions under section 10A.723 . If the institutional
health facility reestablishes the deleted beds at a later time,
review as a “new institutional health service” or “changed
institutional health service” is required pursuant to section
10A.711, subsection 17 , paragraph “d” .
Sec. 10. Section 10A.713, subsection 2, paragraph h,
subparagraph (2), Code 2024, is amended to read as follows:
(2) If these conditions are not met, the institutional
health facility or health maintenance organization is subject
to review as a “new institutional health service” or “changed
institutional health service” under section 10A.711, subsection
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17 , paragraph “f” , and is subject to sanctions under section
10A.723 .
Sec. 11. NEW SECTION . 10A.901 Definitions.
For the purposes of this subchapter, unless the context
otherwise requires:
1. a. “Child-occupied facility” means a building, or
portion of a building, constructed prior to 1978, that is
described by all of the following:
(1) The building is visited on a regular basis by the
same child, who is less than six years of age, on at least
two different days within any week. For purposes of this
subsection, a week is a Sunday through Saturday period.
(2) Each day’s visit by the child lasts at least three
hours, and the combined annual visits total at least sixty
hours.
b. A child-occupied facility may include but is not limited
to a child care center, preschool, or kindergarten classroom.
A child-occupied facility also includes common areas that are
routinely used by children who are less than six years of age,
such as restrooms and cafeterias, and the exterior walls and
adjoining space of the building that are immediately adjacent
to the child-occupied facility or the common areas routinely
used by children under the age of six years.
2. “Target housing” means housing constructed prior to 1978
with the exception of housing for the elderly or for persons
with disabilities and housing that does not contain a bedroom,
unless at least one child, under six years of age, resides or
is expected to reside in the housing.
Sec. 12. Section 10A.903, Code 2024, is amended to read as
follows:
10A.903 Renovation, remodeling, and repainting —— lead hazard
notification process established.
1. a. A person who performs renovation, remodeling, or
repainting services for target housing or a child-occupied
facility for compensation shall provide an approved lead hazard
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information pamphlet to the owner and occupant of the housing
or facility prior to commencing the services. The department
shall adopt rules to implement the renovation, remodeling, and
repainting lead hazard notification process under this section .
b. The rules shall include but are not limited to an
authorization that the lead hazard notification to parents or
guardians of the children attending a child-occupied facility
may be completed by posting an informational sign and a copy
of the approved lead hazard information pamphlet. The rules
shall also address requirements for notification of parents or
guardians of the children visiting a child-occupied facility
when the facility is vacant for an extended period of time.
2. For the purpose of this section and section 10A.902 ,
unless the context otherwise requires:
a. (1) “Child-occupied facility” means a building, or
portion of a building, constructed prior to 1978, that is
described by all of the following:
(a) The building is visited on a regular basis by the same
child, who is less than six years of age, on at least two
different days within any week. For purposes of this paragraph
“a” , a week is a Sunday through Saturday period.
(b) Each day’s visit by the child lasts at least three
hours, and the combined annual visits total at least sixty
hours.
(2) A child-occupied facility may include but is not limited
to a child care center, preschool, or kindergarten classroom.
A child-occupied facility also includes common areas that are
routinely used by children who are less than six years of age,
such as restrooms and cafeterias, and the exterior walls and
adjoining space of the building that are immediately adjacent
to the child-occupied facility or the common areas routinely
used by children under the age of six years.
b. “Target housing” means housing constructed prior to 1978
with the exception of housing for the elderly or for persons
with disabilities and housing that does not contain a bedroom,
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unless at least one child, under six years of age, resides or
is expected to reside in the housing.
3. 2. A person who violates this section is subject to
a civil penalty not to exceed five thousand dollars for each
offense.
Sec. 13. Section 12.31, Code 2024, is amended to read as
follows:
12.31 Short title.
This section and sections 12.32 through 12.43 subchapter
shall be known as the “Linked Investments for Tomorrow Act” .
Sec. 14. Section 12.32, Code 2024, is amended to read as
follows:
12.32 Definitions.
As used in section 12.31, this section, and sections 12.34
through 12.43 this subchapter , unless the context otherwise
requires:
1. “Eligible borrower” means any person who is qualified to
participate in one of the programs in this section and sections
12.34 through 12.43 subchapter . “Eligible borrower” does not
include a person who has been determined to be delinquent in
making child support payments or any other payments due the
state.
2. “Eligible lending institution” means a financial
institution that is empowered to make commercial loans and is
eligible pursuant to chapter 12C to be a depository of state
funds.
3. “Linked investment” means a certificate of deposit issued
pursuant to this section and sections 12.34 through 12.43
subchapter to the treasurer of state by an eligible lending
institution, at an interest rate not more than three percent
below current market rate on the condition that the institution
agrees to lend the value of the deposit, according to the
investment agreement provided in section 12.35 , to an eligible
borrower at a rate not to exceed four percent above the rate
paid on the certificate of deposit. The treasurer of state
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shall determine and make available the current market rate
which shall be used each month.
Sec. 15. Section 12.34, subsections 1 and 2, Code 2024, are
amended to read as follows:
1. The treasurer of state may invest up to the lesser of
one hundred eight million dollars or twenty-five percent of
the balance of the state pooled money fund in certificates of
deposit in eligible lending institutions as provided in section
12.32, this section, and sections 12.35 through 12.43 this
subchapter . One-half of the moneys invested pursuant to this
section shall be made available under the program implemented
pursuant to section 12.43 to increase the availability of lower
cost moneys for purposes of injecting needed capital into
small businesses which are fifty-one percent or more owned,
operated, and actively managed by one or more women, minority
persons, or persons with disabilities. “Disability” and
“minority person” mean the same as defined in section 15.102 .
The treasurer shall invest the remaining one-half of the moneys
invested pursuant to this section to support any other eligible
applicant as provided in section 12.43 .
2. The treasurer of state shall adopt rules pursuant to
chapter 17A to administer section 12.32, this section, and
sections 12.35 through 12.43 this subchapter .
Sec. 16. Section 12.35, subsection 1, Code 2024, is amended
to read as follows:
1. An eligible lending institution that desires to receive
a linked investment shall enter into an agreement with the
treasurer of state, which shall include requirements necessary
for the eligible lending institution to comply with sections
12.32 and 12.34, this section, and sections 12.36 through 12.43
this subchapter .
Sec. 17. Section 12.36, subsection 2, Code 2024, is amended
to read as follows:
2. Upon acceptance of the linked investment loan package
or any portion of the package, the treasurer of state shall
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deposit funds with the eligible lending institution and the
eligible lending institution shall issue to the treasurer of
state one or more certificates of deposit with interest at a
rate determined pursuant to section 12.32, subsection 3 . The
treasurer of state shall not deposit funds with an eligible
lending institution pursuant to sections 12.32, 12.34, 12.35,
this section, and sections 12.37 through 12.43 this subchapter ,
unless the certificate of deposit earns a rate of interest of
at least one percent. Interest earned on the certificate of
deposit and principal not renewed shall be remitted to the
treasurer of state at the time the certificate of deposit
matures. Interest from the linked investments for tomorrow
program shall be considered earnings of the general fund of the
state. Certificates of deposit issued pursuant to sections
12.32, 12.34, 12.35, this section, and sections 12.37 through
12.43 this subchapter are not subject to a penalty for early
withdrawal.
Sec. 18. Section 15.101, subsection 2, Code 2024, is amended
to read as follows:
2. The collaboration shall involve the economic development
authority and the bioscience development corporation, both
of which shall work together to further economic development
policy according to the provisions of this subchapter .
Sec. 19. Section 15.119, subsection 2, paragraph a,
subparagraph (1), Code 2024, is amended to read as follows:
(1) The high quality jobs program administered pursuant to
sections 15.326 through 15.336 subchapter II, part 13 .
Sec. 20. Section 15.119, subsection 2, paragraph g, Code
2024, is amended to read as follows:
g. The workforce housing tax incentives program administered
pursuant to sections 15.351 through 15.356 subchapter II, part
17 . In allocating tax credits pursuant to this subsection ,
the authority shall not allocate more than thirty-five
million dollars for purposes of this paragraph. Of the moneys
allocated under this paragraph, seventeen million five hundred
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thousand dollars shall be reserved for allocation to qualified
housing projects in small cities, as defined in section 15.352 ,
that are registered on or after July 1, 2017.
Sec. 21. Section 15.119, subsection 2, paragraph h, Code
2024, is amended to read as follows:
h. The renewable chemical production tax credit program
administered pursuant to sections 15.315 through 15.322
subchapter II, part 12 . In allocating tax credits pursuant to
this subsection for the fiscal year beginning July 1, 2021,
and for each fiscal year beginning before July 1, 2037, the
authority shall not allocate more than five million dollars for
purposes of this paragraph. This paragraph is repealed July
1, 2039.
Sec. 22. Section 15.119, subsection 5, Code 2024, is amended
to read as follows:
5. Notwithstanding subsection 1 , and in addition to
amounts allocated pursuant to subsection 2 , paragraph “g” , the
authority shall allocate ten million dollars to the workforce
housing tax incentives program administered pursuant to
sections 15.351 through 15.356 subchapter II, part 17 , for
qualified housing projects located in a county that has been
declared a major disaster by the president of the United States
on or after March 12, 2019, and that is also a county in which
individuals are eligible for federal individual assistance.
In allocating tax credits pursuant to this subsection for the
period beginning July 1, 2019, and ending June 30, 2024, the
authority shall not allocate more than ten million dollars for
purposes of this subsection . This subsection is repealed July
1, 2024.
Sec. 23. Section 15.322, Code 2024, is amended to read as
follows:
15.322 Future repeal.
Section Sections 15.315 , 15.316 , 15.317 , 15.318 , 15.319 ,
15.320 , 15.321 , and this section , are repealed July 1, 2039.
Sec. 24. Section 15.445, subsection 2, Code 2024, is amended
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to read as follows:
2. “Commission” is means the five-person body, elected
by the registered voters in the historical preservation
district from persons living in the district for the purpose of
administering this part .
Sec. 25. Section 15.481, subsection 2, Code 2024, is amended
to read as follows:
2. Approve or disapprove the grants recommended for
approval by the director, in consultation with the Iowa arts
council and the state historical society of Iowa, in accordance
with section 15.108, subsection 8 , paragraph “b” , subparagraph
(4) . The board may remove any recommendation from the list,
but shall not add to or otherwise amend the list of recommended
grants.
Sec. 26. Section 16.1, subsection 5, Code 2024, is amended
to read as follows:
5. “Child foster care facilities” means the same a facility
as defined in section 237.1 .
Sec. 27. Section 17A.2, subsection 1, Code 2024, is amended
to read as follows:
1. “Agency” means each board, commission, department,
officer , or other administrative office or unit of the state.
“Agency” does not mean the general assembly or any of its
components, the judicial branch or any of its components, the
office of consumer advocate, the governor, or a political
subdivision of the state or its offices and units. Unless
provided otherwise by statute, no less than two-thirds of the
members eligible to vote of a multimember agency constitute a
quorum authorized to act in the name of the agency.
Sec. 28. Section 17A.4, subsection 4, Code 2024, is amended
to read as follows:
4. Any rule filed pursuant to this section or section
17A.5 , that necessitates additional annual expenditures of at
least one hundred thousand dollars or combined expenditures
of at least five hundred thousand dollars within five years
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by all affected persons, including the agency itself, shall
be accompanied by a fiscal impact statement outlining the
expenditures. The agency shall promptly deliver a copy of
the statement to the legislative services agency. To the
extent feasible, the legislative services agency shall analyze
the statement and provide a summary of that analysis to the
administrative rules review committee. If the agency has
made a good-faith effort to comply with the requirements of
this subsection , the rule shall not be invalidated on the
ground that the contents of the statement are insufficient or
inaccurate.
Sec. 29. Section 22.7, subsection 5A, paragraphs a and b,
Code 2024, are amended to read as follows:
a. A crisis intervention report generated by a law
enforcement agency regarding a person experiencing a mental
health crisis, substance-related substance use disorder
crisis, or housing crisis, when the report is generated
for the specific purpose of providing crisis intervention
information to assist peace officers under any of the following
circumstances:
(1) De-escalating conflicts.
(2) Referring a person experiencing a mental health crisis,
substance-related substance use disorder crisis, or housing
crisis to a mental health treatment provider, substance-related
substance use disorder treatment provider, homeless service
provider, or any other appropriate service provider.
b. A crisis intervention report generated for the purposes
of this subsection shall be made available to the person who
is the subject of the report upon the request of the person
who is the subject of the report, and may be provided to a
mental health treatment provider, substance-related substance
use disorder treatment provider, homeless service provider, or
any other appropriate service provider in connection with a
referral for services.
Sec. 30. Section 24.48, subsection 4, Code 2024, is amended
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to read as follows:
4. The city finance committee shall have officially
notified any city of its approval, modification , or rejection
of the city’s appeal of the decision of the director of the
department of management regarding a city’s request for a
suspension of the statutory property tax levy limitation prior
to thirty-five days before April 30.
Sec. 31. Section 29C.6, subsection 6, Code 2024, is amended
to read as follows:
6. Suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business, or
the orders or rules, of any state agency, if strict compliance
with the provisions of any statute, order , or rule would in any
way prevent, hinder, or delay necessary action in coping with
the emergency by stating in a proclamation such reasons. Upon
the request of a local governing body, the governor may also
suspend statutes limiting local governments in their ability to
provide services to aid disaster victims.
Sec. 32. Section 72.2, Code 2024, is amended to read as
follows:
72.2 Executive council may authorize indebtedness.
Nothing herein contained in this chapter shall prevent the
incurring of an indebtedness on account of support funds for
state institutions, upon the prior written direction of the
executive council, specifying the items and amount of such
indebtedness to be increased, and the necessity therefor.
Sec. 33. Section 72.4, Code 2024, is amended to read as
follows:
72.4 Penalty.
A violation of the provisions of section 72.3 shall, in
addition to criminal liability, render the violator liable,
personally and on the violator’s bond, if any, to liquidated
damages in the sum of one thousand dollars for each violation,
to inure to and be collected by the state, county, city, school
corporation , or other municipal corporation of which the
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violator is an officer or deputy.
Sec. 34. Section 76.7, Code 2024, is amended to read as
follows:
76.7 Particular bonds affected —— payment.
Counties, cities , and school corporations may at any time
or times extend or renew any legal indebtedness or any part
thereof they may have represented by bonds or certificates
where such indebtedness is payable from a limited annual tax
or from a voted annual tax, and may by resolution fund or
refund the same and issue bonds therefor running not more than
twenty years to be known as funding or refunding bonds, and
make provision for the payment of the principal and interest
thereof from the proceeds of an annual tax for the period
covered by such bonds similar to the tax authorized by law or
by the electors for the payment of the indebtedness so extended
or renewed.
Sec. 35. Section 76.8, Code 2024, is amended to read as
follows:
76.8 Laws applicable.
All laws relating to the issuance of funding or refunding
bonds by counties, cities , and school corporations, as the case
may be, not inconsistent with the provisions herein contained
and to the extent the same may be applicable, shall govern the
issuance of the funding and refunding bonds for the purpose
herein authorized.
Sec. 36. Section 76.9, Code 2024, is amended to read as
follows:
76.9 No limit of former power.
Sections 76.7 and 76.8 shall be construed as granting
additional power without limiting the power already existing in
counties, cities , and school corporations.
Sec. 37. Section 84A.1A, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
An Iowa workforce development board is created, consisting
of thirty-three voting members and thirteen twelve nonvoting
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members.
Sec. 38. Section 89.3, subsection 3, Code 2024, is amended
to read as follows:
3. The commissioner director may inspect boilers and tanks
and other equipment stamped with the American society of
mechanical engineers code symbol for other than steam pressure,
manufactured in Iowa, when requested by the manufacturer.
Sec. 39. Section 89.14, subsection 11, Code 2024, is amended
to read as follows:
11. The board shall adopt rules to allow an extended
internal inspection interval of up to seven years for objects
that are subject to inspection pursuant to section 89.5A 89.3,
subsection 6 .
Sec. 40. Section 90A.10, subsection 1, Code 2024, is amended
to read as follows:
1. Moneys collected pursuant to section 90A.9 from a
professional boxing event are appropriated to the department
of workforce development inspections, appeals, and licensing
and shall be used by the commissioner to award grants to
organizations that promote amateur boxing matches in this
state. All other moneys collected by the commissioner pursuant
to this chapter are appropriated to the department of workforce
development inspections, appeals, and licensing and shall be
used by the commissioner to administer this chapter . Section
8.33 applies only to moneys in excess of the first twenty
thousand dollars appropriated each fiscal year.
Sec. 41. Section 91C.7, subsection 6, Code 2024, is amended
to read as follows:
6. The bond required by this section may be attached by
the director for collection of fees and penalties due to the
division department .
Sec. 42. Section 99B.1, subsection 8, Code 2024, is amended
to read as follows:
8. “Bona fide social relationship” as used herein means a
real, genuine, unfeigned social relationship between two or
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more persons wherein each person has an established knowledge
of the other, which has not arisen for the purpose of gambling.
Sec. 43. Section 99G.3, subsection 5, Code 2024, is amended
to read as follows:
5. “Director” means the director of the department of
revenue or the director’s designee.
Sec. 44. Section 99G.12, subsection 1, Code 2024, is amended
to read as follows:
1. The authority department may operate self-service kiosks
to dispense authorized lottery tickets or products in locations
where lottery games and lottery products are sold, subject to
the requirements of this chapter .
Sec. 45. Section 99G.21, subsection 2, paragraph f, Code
2024, is amended to read as follows:
f. To enter into written agreements with one or more other
states or territories of the United States, or one or more
political subdivisions of another state or territory of the
United States, or any entity lawfully operating a lottery
outside the United States for the operation, marketing, and
promotion of a joint lottery or joint lottery game. For
the purposes of this subsection , any lottery with which the
authority department reaches an agreement or compact shall meet
the criteria for security, integrity, and finance set by the
board.
Sec. 46. Section 99G.29, Code 2024, is amended to read as
follows:
99G.29 Retailer rental calculations —— lottery ticket sales
treatment.
If a lottery retailer’s rental payments for the business
premises are contractually computed, in whole or in part, on
the basis of a percentage of retail sales and such computation
of retail sales is not explicitly defined to include sales of
tickets or shares in a state-operated or state-managed lottery,
only the compensation received by the lottery retailer from the
department may be considered the amount of the lottery retail
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sale sales for purposes of computing the rental payment.
Sec. 47. Section 125.1, subsection 3, Code 2024, is amended
to read as follows:
3. To insure ensure that substance use disorder programs
are being operated by individuals who are qualified in their
field whether through formal education or through employment
or personal experience.
Sec. 48. Section 125.9, subsection 6, Code 2024, is amended
to read as follows:
6. Submit to the governor a written report of the pertinent
facts at any time the director concludes that any agency
of this state or of any of its political subdivisions is
conducting any substance use disorder prevention function,
or program for the benefit of persons who are or have been
involved in substance use disorder , in a manner not consistent
with or which impairs achievement of the objectives of the
state plan to combat substance use disorder, and has failed to
effect appropriate changes in the function or program.
Sec. 49. Section 125.20, Code 2024, is amended to read as
follows:
125.20 Rules.
The department shall establish rules pursuant to chapter
17A requiring facilities to use reasonable accounting and
reimbursement systems which recognize relevant cost-related
factors for patients with a substance use disorder. A facility
shall not be licensed nor shall any payment be made under
this chapter to a facility which fails to comply with those
rules or which does not permit inspection by the department
or examination of all records, including financial records,
methods of administration, general and special dietary
programs, the disbursement of drugs and methods of supply,
and any other records the department deems relevant to the
establishment of such a system. However, rules issued pursuant
to this paragraph section shall not apply to any facility
referred to in section 125.13, subsection 2 , or section 125.43 .
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Sec. 50. Section 125.33, subsection 5, Code 2024, is amended
to read as follows:
5. If a patient leaves a facility, with or against the
advice of the administrator in charge of the facility, the
director may make reasonable provisions for the patient’s
transportation to another facility or to the patient’s home.
If the patient has no home , the patient shall be assisted in
obtaining shelter. If the patient is a minor or an incompetent
person, the request for discharge from an inpatient facility
shall be made by a parent, legal guardian, or other legal
representative, or by the minor or incompetent person if the
patient was the original applicant.
Sec. 51. Section 125.54, Code 2024, is amended to read as
follows:
125.54 Use of funds.
The director is not required to distribute or guarantee
funds, except as provided in section 125.59 , to any of the
following :
1. To any Any program which does not meet licensing
standards , .
2. To any Any program providing unnecessary, duplicative ,
or overlapping services within the same geographical area , or .
3. To any Any program which has adequate resources at its
disposal.
Sec. 52. Section 135.1, unnumbered paragraph 1, Code 2024,
is amended to read as follows:
For the purposes of chapter 155 and Title IV, subtitle 2 ,
excluding chapter 146 , unless otherwise defined:
Sec. 53. Section 135.190, subsection 1, paragraph a, Code
2024, is amended to read as follows:
a. “Community-based organization” means a public or private
organization that provides health or human services to meet the
needs of a community including but not limited to a nonprofit
organization, a social service provider, or an organization
providing substance abuse use disorder prevention, treatment,
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recovery, or harm reduction services.
Sec. 54. Section 135C.30, subsection 3, paragraph a, Code
2024, is amended to read as follows:
a. Jointly by the receiver and the current licensee of
the health care facility which is in receivership, stating
that the deficiencies in the operation, maintenance , or other
circumstances which were the grounds for establishment of the
receivership have been corrected and that there are reasonable
grounds to believe that the facility will be operated in
compliance with this chapter and the rules or minimum standards
promulgated under this chapter .
Sec. 55. Section 135C.30, subsection 5, paragraph b, Code
2024, is amended to read as follows:
b. Affect the civil or criminal liability of the licensee
of the facility placed in receivership , for any acts or
omissions of the licensee which occurred before the receiver
was appointed.
Sec. 56. Section 136A.3A, subsection 2, Code 2024, is
amended to read as follows:
2. The members of the advisory committee shall be appointed
by the director of the department and shall include persons
with relevant expertise and interest including parent
representatives.
Sec. 57. Section 138.13, subsection 10, paragraph a, Code
2024, is amended to read as follows:
a. Effective measures shall be taken to control rats, mice,
flies, mosquitoes ; , bedbugs, and all other insects, rodents,
and parasites within the camp premises.
Sec. 58. Section 139A.3, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
The health care provider or public, private, or hospital
clinical laboratory attending a person infected with a
reportable disease shall immediately report the case to
the department. However, when a case occurs within the
jurisdiction of a local health department, the report shall
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be made to the local department and to the department. A
health care provider or public, private, or hospital clinical
laboratory who files such a report which identifies a person
infected with a reportable disease shall assist in the
investigation by the department, a local board, or a local
department. The department shall publish and distribute
instructions concerning the method of reporting. Reports shall
be made in accordance with rules adopted by the department and
shall require inclusion of all the following information:
Sec. 59. Section 139A.8A, subsections 1 and 2, Code 2024,
are amended to read as follows:
1. In the event of a shortage of a vaccine, or in the event
a vaccine shortage is imminent, the department may issue an
order controlling, restricting, or otherwise regulating the
distribution and administration of the vaccine. The order may
designate groups of persons which shall receive priority in
administration of the vaccine and may prohibit vaccination of
persons who are not included in a priority designation. The
order shall include an effective date, which may be amended or
rescinded only through a written order of the department. The
order shall be applicable to health care providers, hospitals,
clinics, pharmacies, health care facilities, local boards of
health , public health agencies, and other persons or entities
that distribute or administer vaccines.
2. A health care provider, hospital, clinic, pharmacy,
health care facility, local board of health , public health
agency, or other person or entity that distributes or
administers vaccines shall not be civilly liable in any action
based on a failure or refusal to distribute or administer a
vaccine to any person if the failure or refusal to distribute
or administer the vaccine was consistent with a department
order issued pursuant to this section .
Sec. 60. Section 139A.31, Code 2024, is amended to read as
follows:
139A.31 Report to department.
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Immediately after the first examination or treatment of
any person infected with any sexually transmitted disease
or infection, the health care provider who performed the
examination or treatment shall transmit to the department a
report stating the name of the infected person, the address
of the infected person, the infected person’s date of birth,
the sex of the infected person, the race and ethnicity of the
infected person, the infected person’s marital status, the
infected person’s telephone number, if the infected person is
female, whether the infected person is pregnant, the name and
address of the laboratory that performed the test, the date
the test was found to be positive and the collection date,
and the name of the health care provider who performed the
test. However, when a case occurs within the jurisdiction of
a local health department, the report shall be made directly
to the local health department which shall immediately forward
the information to the department. Reports shall be made in
accordance with rules adopted by the department. Reports shall
be confidential. Any person filing a report of a sexually
transmitted disease or infection who is acting reasonably and
in good faith is immune from any liability, civil or criminal,
which might otherwise be incurred or imposed as a result of
such report.
Sec. 61. Section 141A.2, subsection 6, Code 2024, is amended
to read as follows:
6. The department, with the approval of the council on
health and human services, may conduct epidemiological blinded
epidemiological studies and nonblinded epidemiological studies
to determine the incidence and prevalence of HIV infection.
Initiation of any new blinded epidemiological studies or
nonblinded epidemiological studies shall be contingent upon
the receipt of funding sufficient to cover all the costs
associated with the studies. The informed consent, reporting,
and counseling requirements of this chapter shall not apply to
blinded epidemiological studies.
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Sec. 62. Section 147H.1, subsection 2, paragraphs a and d,
Code 2024, are amended to read as follows:
a. “Active duty military” means full-time duty status in
the active uniformed service of the United States, including
members of the national guard and reserves on active duty
orders pursuant to 10 U.S.C. §1209 ch. 1209 and 10 U.S.C. §1211
ch. 1211 .
d. “Continuing competence” and/or or “continuing education”
means a requirement, as a condition of license renewal,
to provide evidence of participation in, or completion of,
educational and professional activities relevant to practice or
area of work.
Sec. 63. Section 159.31A, subsection 7, Code 2024, is
amended to read as follows:
7. A business that is awarded financial assistance under
this section may apply for financial assistance under other
programs administered by the authority department .
Sec. 64. Section 215.1, subsections 5 and 6, Code 2024, are
amended to read as follows:
5. “Service agency” means an individual, firm , or
corporation which holds itself out to the public as having
servicers available to install, service , or repair a weighing
or measuring device for hire.
6. “Servicer” means an individual employed by a service
agency who installs, services , or repairs a commercial weighing
or measuring device for hire, commission , or salary.
Sec. 65. Section 231B.4, Code 2024, is amended to read as
follows:
231B.4 Zoning —— fire and safety standards.
An elder group home shall be located in an area zoned
for single-family or multiple-family housing or in an
unincorporated area and shall be constructed in compliance with
applicable local housing codes and the rules adopted for the
special classification by the department. In the absence of
local building codes, the facility shall comply with the state
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plumbing code established pursuant to section 135.11 105.4 and
the state building code established pursuant to section 103A.7
and the rules adopted for the special classification by the
department. The rules adopted for the special classification
by the department regarding second floor occupancy shall take
into consideration the mobility of the tenants.
Sec. 66. Section 232.3A, subsection 1, Code 2024, is amended
to read as follows:
1. During an action under subchapter III , child in need
of assistance proceedings, or subchapter IV , termination of
parent-child relationship proceedings of this chapter , the
court may on its own motion or that of any party, require the
child and established father of the child to submit to blood or
genetic testing in accordance with the procedures and method
prescribed under section 600B.41 to overcome the paternity of
the established father.
Sec. 67. Section 232.52, subsection 2, paragraph d,
subparagraph (4), Code 2024, is amended to read as follows:
(4) The chief juvenile court officer or the officer’s
designee for placement in a program under section 232.191,
subsection 4 232.192, subsection 2, paragraph “d” . The chief
juvenile court officer or the officer’s designee may place a
child in group foster care for failure to comply with the terms
and conditions of the supervised community treatment program
for up to seventy-two hours without notice to the court or for
more than seventy-two hours if the court is notified of the
placement within seventy-two hours of placement, subject to a
hearing before the court on the placement within ten days.
Sec. 68. Section 232.52, subsection 2, paragraph e,
subparagraph (4), Code 2024, is amended to read as follows:
(4) The child has previously been placed in a treatment
facility outside the child’s home or in a supervised community
treatment program established pursuant to section 232.191,
subsection 4 232.192, subsection 2, paragraph “d” , as a result
of a prior delinquency adjudication.
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Sec. 69. Section 232.52, subsection 7, paragraph a, Code
2024, is amended to read as follows:
a. When the court orders the transfer of legal custody of
a child pursuant to subsection 2 , paragraph “d” , “e” , or “f” ,
the order shall state that reasonable efforts as defined in
section 232.57 have been made. If deemed appropriate by the
court, the order may include a determination that continuation
of the child in the child’s home is contrary to the child’s
welfare. The inclusion of such a determination shall not under
any circumstances be deemed a prerequisite for entering an
order pursuant to this section . However, the inclusion of such
a determination, supported by the record, may be used to assist
the department in obtaining federal funding for the child’s
placement. If such a determination is included in the order,
unless the court makes a determination that further reasonable
efforts are not required, reasonable efforts shall be made to
prevent permanent removal of a child from the child’s home
and to encourage reunification of the child with the child’s
parents and family. The reasonable efforts may include but
are not limited to early intervention and follow-up programs
implemented pursuant to section 232.191 232.192 .
Sec. 70. Section 235B.6, subsection 2, paragraph b,
subparagraph (7), Code 2024, is amended to read as follows:
(7) Each board specified under chapter 147 and the
department of inspections, appeals, and licensing for
the purpose of licensure, certification or registration,
disciplinary investigation, or the renewal of licensure,
certification or registration, or disciplinary proceedings of
health care professionals.
Sec. 71. Section 237.3, subsection 4, Code 2024, is amended
to read as follows:
4. Rules governing sanitation, water , and waste disposal
standards for facilities shall be promulgated by the department
pursuant to section 135.11 , after consultation with the
director.
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Sec. 72. Section 237C.6, subsection 2, Code 2024, is amended
to read as follows:
2. The certificate of approval shall state on its face
the name of the holder of the certificate, the particular
premises for which the certificate is issued, and the number
of children who may be cared for by the children’s residential
facility on the premises at one time under the certificate
of occupancy issued by the director of the department of
inspections, appeals, and licensing or the director’s designee
of the director of the department of inspections, appeals, and
licensing . The certificate of approval shall be posted in a
conspicuous place in the children’s residential facility.
Sec. 73. Section 239.11, subsection 3, Code 2024, is amended
to read as follows:
3. The moneys deposited in the fund are not subject to
section 8.33 and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in
this section . Notwithstanding section 12C.7, subsection 2 ,
interest or earnings on moneys deposited in the state capitol
maintenance public assistance modernization fund shall be
credited to the fund.
Sec. 74. Section 256.7, subsection 23, unnumbered paragraph
1, Code 2024, is amended to read as follows:
Adopt rules directing the community colleges to annually
and uniformly submit data from the most recent fiscal year to
the division of community colleges and workforce preparation
community colleges bureau , using criteria determined
and prescribed by the division bureau via the management
information system.
Sec. 75. Section 256.7, subsection 23, paragraph b, Code
2024, is amended to read as follows:
b. Community colleges shall provide data to the division
community colleges bureau by a deadline set by the division
bureau . The deadline shall be set for a date that permits the
division bureau to include the data in a report submitted for
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state board approval and for review by December 15 of each year
by the house and senate standing education committees and the
joint subcommittee on education appropriations.
Sec. 76. Section 256.137, subsection 2, Code 2024, is
amended to read as follows:
2. The state board, in consultation with the division of
community colleges of the department community colleges and
post-secondary readiness bureau , shall adopt rules setting
minimum standards for the development and implementation of
career academies under this section and ensuring compliance
with the federal Carl D. Perkins Career and Technical Education
Improvement Act of 2006, 20 U.S.C. §2301 et seq., as amended.
Sec. 77. Section 256.225, subsection 1, paragraph e,
subparagraph (4), Code 2024, is amended to read as follows:
(4) The individual is not eligible for the rural Iowa
advanced registered nurse practitioner and physician assistant
loan repayment program established pursuant to section 261.114 ,
Code 2023 .
Sec. 78. Section 256B.5, Code 2024, is amended to read as
follows:
256B.5 Information available upon request by bureau division
of special education .
The department of health and human services shall furnish
to the state bureau division of special education upon request
information obtained from birth certificates relative to the
name, address, and disability of any case of developmental
disability. The state child health specialty clinics of the
university of Iowa shall upon request furnish to the state
bureau division of special education the name, address, and
disability of all children of their register.
Sec. 79. Section 261A.5, Code 2024, is amended to read as
follows:
261A.5 Creation as public instrumentality.
The Iowa higher education loan authority is created as
a body politic and corporate. The authority is a public
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instrumentality and the exercise by the authority of the powers
conferred by this chapter is the performance of an essential
public function. The authority is attached to the college
student aid commission for organizational and administrative
purposes.
Sec. 80. Section 261B.11, subsection 1, paragraph i, Code
2024, is amended to read as follows:
i. Postsecondary educational institutions licensed by
the state of Iowa under chapter 157 to operate as schools of
barbering and cosmetology arts and sciences in the state.
Sec. 81. Section 310.1, Code 2024, is amended to read as
follows:
310.1 Definitions.
As used in this chapter , the following words, terms , or
phrases shall be construed or defined as follows:
1. “County’s allotment of road use tax fund” or “allotment
of road use tax fund” means that part of the road use tax fund
allotted to any county by the treasurer of state from the
portion of the state road use tax fund which the treasurer has
credited to the secondary road fund of the counties.
2. “Department” means the state department of
transportation.
3. “Farm-to-market road system” means the farm-to-market
road system as defined in section 306.3.
2. 4. “Federal aid” or “federal aid secondary road fund”
shall mean funds allotted to the state of Iowa by the federal
government to aid in the construction of secondary roads and
which funds must be matched with funds under the control of the
department.
3. “Department” means the state department of
transportation.
Sec. 82. Section 310.4, Code 2024, is amended to read as
follows:
310.4 Use of fund.
Said The farm-to-market road fund is hereby appropriated
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for and shall be used in the establishment, construction,
reconstruction , or improvement of the farm-to-market
road system, including the drainage, grading, surfacing,
resurfacing, the construction of bridges and culverts, the
elimination, protection, or improvement of railroad crossings,
the acquiring acquisition of additional right-of-way , and all
other expenses incurred in the construction, reconstruction , or
improvement of said the farm-to-market road system under this
chapter .
Sec. 83. Section 321.1A, subsection 3, paragraph b, Code
2024, is amended to read as follows:
b. Members A member of the armed forces who are is stationed
in Iowa, provided that their the member’s vehicles are properly
registered in their the member’s state of residency.
Sec. 84. Section 321.2, subsection 3, Code 2024, is amended
to read as follows:
3. The state department of transportation and the
department of public safety shall cooperate to insure ensure
the proper and adequate enforcement of the provisions of this
chapter .
Sec. 85. Section 321.430, subsection 4, paragraph d, Code
2024, is amended to read as follows:
d. Only such brakes on the vehicle or vehicles being towed
in a driveaway-towaway operation need be operative as may
be necessary to insure ensure compliance by the combination
of vehicles with the performance requirements of section
321.431 . The term “driveaway-towaway” operation as used in this
subsection means any operation in which any motor vehicle or
motor vehicles, new or used, constitute the commodity being
transported, when one set or more of wheels of any such motor
vehicle or motor vehicles are on the roadway during the course
of transportation, whether or not any such motor vehicle
furnishes the motive power.
Sec. 86. Section 321.432, Code 2024, is amended to read as
follows:
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321.432 Horns and warning devices.
Every motor vehicle when operated upon a highway shall be
equipped with a horn in good working order and capable of
emitting sound audible under normal conditions from a distance
of not less than two hundred feet, but no horn or other warning
device shall emit an unreasonably loud or harsh sound or a
whistle. The driver of a motor vehicle shall when reasonably
necessary to insure ensure safe operation give audible warning
with the horn but shall not otherwise use such horn when upon
a highway.
Sec. 87. Section 321J.22, subsection 5, Code 2024, is
amended to read as follows:
5. The department of education, substance use disorder
treatment programs licensed under chapter 125 , and state
correctional facilities shall maintain enrollment, attendance,
and successful and nonsuccessful completion data for their
respective courses on the persons ordered to enroll, attend,
and successfully complete a course for drinking drivers. This
data shall be forwarded to the court by the department of
education, substance use disorder treatment programs licensed
under chapter 125 , and the department of corrections.
Sec. 88. Section 331.756, subsection 28, Code 2024, is
amended to read as follows:
28. Assist the department of inspections , and appeals ,
and licensing in the enforcement of the rules setting minimum
standards to protect consumers from foodborne illness adopted
pursuant to section 137F.2 and the Iowa hotel sanitation code,
as provided in sections 137C.30 and 137F.19 .
Sec. 89. Section 358C.18, subsection 1, paragraph a, Code
2024, is amended to read as follows:
a. By petitions signed by the owners of all the property
to be annexed to the district. If a petition requesting
annexation is presented to the trustees and approved by
the trustees , the change in the boundaries to include the
additional area shall be certified by the clerk of the district
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to the county auditor in which the greater portion of the
district is located and thereafter the district shall include
the area thus annexed.
Sec. 90. Section 384.26, subsection 2, paragraph a, as
enacted by 2023 Iowa Acts, chapter 71, section 150, is amended
to read as follows:
a. The board council shall publish notice of the proposal
to issue the bonds, including a statement of the amount and
purpose of the bonds, a statement of the estimated cost of the
project for which the bonds are to be issued, and an estimate
of the annual increase in property taxes as the result of the
bond issuance on a residential property with an actual value of
one hundred thousand dollars. The notice shall be published
as provided in section 362.3 with the minutes of the meeting
at which the council adopts a resolution to call a special
election to vote upon the question of issuing the bonds. The
cost of the project, as published in the notice pursuant to
this paragraph, is an estimate and is not intended to be
binding on the board council in later proceedings related to
the project.
Sec. 91. Section 423.3, subsection 104, paragraph b,
subparagraph (1), Code 2024, is amended to read as follows:
(1) “Commercial enterprise” means the same as defined in
section 423.3, subsection 47 , paragraph “d” , subparagraph (1),
but also includes professions and occupations, and includes
public utilities as defined in section 476.1, subsection 2 .
Sec. 92. Section 425.11, subsection 1, paragraph e,
subparagraph (2), Code 2024, is amended to read as follows:
(2) For the purpose of this subchapter , the word “owner”
shall be construed to mean a bona fide owner and not one for
the purpose only of availing the person of the benefits of this
subchapter . In order to qualify for the homestead tax credit
and exemption , evidence of ownership shall be on file in the
office of the clerk of the district court or recorded in the
office of the county recorder at the time the owner files with
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the assessor a verified statement of the homestead claimed by
the owner as provided in section 425.2 .
Sec. 93. Section 462A.2, subsection 22, Code 2024, is
amended to read as follows:
22. “Navigable waters” means all lakes, rivers, and streams ,
which that, during a total of six months in one out of every
ten years, can support a vessel capable of carrying one or more
persons during a total of six months in one out of every ten
years .
Sec. 94. Section 476.10B, subsections 2, 3, 5, and 7, Code
2024, are amended to read as follows:
2. The department of administrative services, in
consultation with the utilities board and the consumer advocate
division of the department of justice, shall provide for the
construction of a building to house the utilities board and
the consumer advocate division of the department of justice .
A building developed under this subsection shall be a model
energy-efficient building that may be used as a public example
for similar efforts. The building shall comply with the life
cycle cost provisions developed pursuant to section 72.5 . The
building shall be located on the capitol complex grounds or
at another convenient location in the vicinity of the capitol
complex grounds.
3. Building project expenses shall include but are not
limited to the costs associated with construction, maintenance,
and operation of the building that are approved by the
utilities board and shall also include principal of, premium,
if any, and interest on indebtedness to finance the building.
5. A cost-effective approach for financing construction
of the building shall be utilized, which may include but is
not limited to lease, lease-purchase, bonding, or installment
acquisition arrangement, or a financing arrangement under
section 12.28 . If financing for the building is implemented
under section 12.28 , the limitation on principal under that
section does not apply. This subsection is not a qualification
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of any other powers which the utilities board and the consumer
advocate division of the department of justice may possess and
the authorizations and powers granted under this subsection
are not subject to the terms, requirements, or limitations of
any other provisions of law. The department of administrative
services must comply with the provisions of section 12.28 when
entering into financing agreements for the purchase of real or
personal property.
7. The department of administrative services, in
consultation with the utilities board and the consumer
advocate division of the department of justice , shall secure
architectural services, contract for construction, engineering,
and construction oversight and management, and control the
funding associated with the building construction and the
building’s operation and maintenance. The department of
administrative services may utilize consultants or other
expert assistance to address feasibility, planning, or other
considerations connected with construction of the building or
decision making regarding the building. The department of
administrative services, on behalf of the utilities board and
the consumer advocate division of the department of justice ,
shall consult with the office of the governor, appropriate
legislative bodies, and the capitol planning commission.
Sec. 95. Section 483A.9, Code 2024, is amended to read as
follows:
483A.9 Blanks.
The director shall provide blanks for, and determine the
method, means, and requirements of issuing licenses , including
the issuance of , licenses by electronic means.
Sec. 96. Section 507C.3, subsection 5, Code 2024, is amended
to read as follows:
5. Nonprofit health service corporations and all fraternal
benefit societies and beneficial societies benevolent
associations subject to chapters 512A , 512B , and 514 .
Sec. 97. Section 509.2, subsections 9 and 10, Code 2024, are
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amended to read as follows:
9. A provision that if the group policy terminates or
is amended so as to terminate the insurance of any class of
insured persons, every person insured thereunder at the date of
such termination whose insurance terminates and who has been
so insured for at least five years prior to such termination
date shall be entitled to have issued to the person by the
insurer an individual policy of life insurance, subject to the
same conditions and limitations as are provided by subsection
8 above , except that the group policy may provide that the
amount of such individual policy shall not exceed the smaller
of the amount of the person’s life insurance protection ceasing
because of the termination or amendment of the group policy,
less the amount of any life insurance for which the person is
or becomes eligible under any group policy issued or reinstated
by the same or another insurer within thirty-one days after
such termination, and two thousand dollars.
10. A provision that if a person insured under the group
policy dies during the period within which the person would
have been entitled to have an individual policy issued to the
person in accordance with subsection 8 or 9 above and before
such an individual policy shall have become effective, the
amount of life insurance which the person would have been
entitled to have issued to the person under such individual
policy shall be payable as a claim under the group policy,
whether or not application for the individual policy or the
payment of the first premium therefor has been made.
Sec. 98. Section 521A.2, subsections 2 and 4, Code 2024, are
amended to read as follows:
2. Exception. Nothing contained in subsection 1 of this
section shall prohibit a domestic insurer, either by itself
or in cooperation with one or more persons, from investing
amounts up to a total of ten percent of surplus in one or more
subsidiaries or affiliates organized to do any lawful business.
4. Exemption from investment restrictions. Investments
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in common stock, preferred stock, debt obligations or other
securities of subsidiaries made pursuant to subsection 3 of
this section shall not be subject to any of the otherwise
applicable restrictions or prohibitions contained in the Code
applicable to such investments of insurers.
Sec. 99. Section 521A.3, subsection 3, Code 2024, is amended
to read as follows:
3. Alternative filing materials. If any offer, request,
invitation, agreement, or acquisition referred to in subsection
1 of this section is proposed to be made by means of a
registration statement under the Securities Act of 1933 or in
circumstances requiring the disclosure of similar information
under the Securities Exchange Act of 1934, or under a state
law requiring similar registration, or disclosure, the person
required to file the statement referred to in subsection 1
of this section may utilize such documents in furnishing the
information called for by that statement.
Sec. 100. Section 521A.3, subsection 6, paragraph a, Code
2024, is amended to read as follows:
a. The failure to file any statement, amendment, or other
material required to be filed pursuant to subsection 1 or 2 of
this section .
Sec. 101. Section 521A.4, subsection 8, Code 2024, is
amended to read as follows:
8. Consolidated filing. The commissioner may require or
allow two or more affiliated insurers subject to registration
under subsection 1 of this section to file a consolidated
registration statement or consolidated reports amending
their consolidated registration statement or their individual
registration statements.
Sec. 102. Section 521A.6, subsections 4 and 5, Code 2024,
are amended to read as follows:
4. Use of consultants. The commissioner may retain at
the registered insurer’s expense such attorneys, actuaries,
accountants, and other experts not otherwise a part of the
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commissioner’s staff as shall be reasonably necessary to assist
in the conduct of the examination under subsection 1 , 2 , or 3
of this section . Any persons so retained shall be under the
direction and control of the commissioner and shall act in a
purely advisory capacity.
5. Expenses. Each registered insurer producing for
examination records, books, and papers pursuant to subsection
1 , 2 , or 3 of this section shall be liable for and shall pay the
expense of such examination in accordance with section 507.7 .
Sec. 103. Section 600.6, subsection 1, Code 2024, is amended
to read as follows:
1. A certified copy of the birth certificate showing
parentage of the person to be adopted or, if such certificate
is not available, a verified birth record. The department of
health and human services shall provide a certified copy of a
birth certificate or a verified birth record, as applicable, to
the person adopting a child when the department of health and
human services is the guardian of the child.
Sec. 104. Section 633B.120, subsection 1, paragraph b, Code
2024, is amended to read as follows:
b. If a person requests a certification, a translation,
or an opinion of counsel under section 633B.199 633B.119 ,
subsection 4 , the person shall accept the power of attorney
no later than five business days after receipt of the
certification, translation, or opinion of counsel.
Sec. 105. Section 654.17C, subsection 2, Code 2024, is
amended to read as follows:
2. The department of veterans affairs and the department of
commerce insurance and financial services shall coordinate to
develop a procedure to inform or notify members of the national
guard, reserve, or regular component of the armed forces of
the United States, and financial institutions as defined in
section 12C.1 , of the protections referenced in subsection 1 .
The notification procedure shall include, at a minimum, posting
the information on an official internet site maintained by each
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department.
Sec. 106. 2017 Iowa Acts, chapter 26, section 2, is amended
to read as follows:
SEC. 2. CONTINGENT IMPLEMENTATION —— UTILIZATION OF
EXISTING RESOURCES. Implementation of this Act shall not
require the appropriation of additional funding to the
department of public health and human services , but is
contingent upon the utilization of existing resources by the
department.
Sec. 107. 2020 Iowa Acts, chapter 1029, section 7, is
amended to read as follows:
SEC. 7. THIRD-PARTY VENDOR —— COMPREHENSIVE PRELIMINARY
BACKGROUND CHECKS FOR PROVISIONAL EMPLOYMENT OR PROVISIONAL
PARTICIPATION. The department of inspections , and appeals ,
and licensing shall post on the department’s internet site a
listing of third-party vendors vetted, approved, and provided
to the department by statewide associations of hospitals,
health care facilities, programs, and providers described
in this Act from which a hospital, health care facility,
program, or provider, respectively, may select a third-party
vendor to conduct the comprehensive preliminary background
checks for provisional employment of employees or provisional
participation by students as provided in this Act.
Sec. 108. 2023 Iowa Acts, chapter 71, section 54, is amended
to read as follows:
SEC. 54. IMPLEMENTATION. Section 25B.7, subsection 1 ,
shall not apply to the property tax exemption provided in this
division of this Act.
Sec. 109. 2023 Iowa Acts, chapter 123, section 13, is
amended to read as follows:
SEC. 13. Section 602.6306, subsection 2 , Code 2023, is
amended to read as follows:
2. District associate judges also have jurisdiction
in civil actions for money judgment where the amount in
controversy does not exceed ten thousand dollars; jurisdiction
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over involuntary commitment, treatment, or hospitalization
proceedings under chapters 125 and 229 ; jurisdiction of
indictable misdemeanors, class “D” felony violations, and other
felony arraignments; jurisdiction to enter a temporary or
emergency order of protection under chapter 235F or 236 , and to
make court appointments and set hearings in criminal matters;
jurisdiction to enter orders in probate which do not require
notice and hearing and to set hearings in actions under chapter
633 or 633A ; and the jurisdiction provided in section 232.3A ,
600.41A 600B.41A , or 602.7101 when designated as a judge of the
juvenile court. While presiding in these subject matters a
district associate judge shall employ district judges’ practice
and procedure.
Sec. 110. 2023 Iowa Acts, chapter 132, section 1, subsection
5, is amended to read as follows:
5. The district court shall take judicial notice of the
current child in need of assistance case related to the bridge
modification order, as well as any prior child in need of
assistance cases relating to any prior bridge orders in any
hearing related to the case. Records that are copied or
transferred from the juvenile court file shall be subject to
section 232.147 and other confidentiality provisions of this
chapter for cases not involving juvenile delinquency. Such
documents shall be disclosed, upon request, to the child
support recovery unit without a court order, subject to any
statutory confidentiality provisions.
Sec. 111. REPEAL. Section 7E.7, Code 2024, is repealed.
Sec. 112. REPEAL. Section 310.10, Code 2024, is repealed.
Sec. 113. CODE EDITOR DIRECTIVE. The Code editor is
directed to place section 10A.901 within chapter 10A,
subchapter IX.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to statutory corrections which may
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adjust language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, resolve
inconsistencies and conflicts, or remove ambiguities. The Code
sections amended include the following:
Section 8A.203: Adjusts language to improve readability of
and provide uniformity in the Code style of duties of the state
commission of libraries.
Section 8A.232: Adds an “and” to a series of items and a
semicolon to improve punctuation and readability.
Section 8A.311B: Changes a reference from “commissioner” to
“director” to correspond to similar changes made to the Code
section in 2023 Iowa Acts, chapter 19.
Section 9C.3: Adjusts language to improve readability
of and provide uniformity in the Code style in provisions
governing transient merchants.
Sections 10A.511, 10A.514, 10A.515, and 10A.516: Changes
several references from “chapter” to “part” to reflect the
applicable portion of the Code following enactment of new
Code sections in Code chapter 10A, subchapter V, part 2, and
the transfer of certain Code sections relating to duties of
the director of the department of inspections, appeals, and
licensing, as it relates to fire control.
Section 10A.713: Adds the word “is” in two locations
before “subject to sanctions” to improve readability of the
provisions relating to institutional health facilities and
health maintenance organizations.
Sections 10A.901 and 10A.903: Strikes definitions of
“child-occupied facility” and “target housing” in Code section
10A.903 and enacts similar definitions in new Code section
10A.901 at the beginning of the Code subchapter to improve
organization within the subchapter. The bill directs the Code
editor to place new Code section 10A.901 within Code chapter
10A, subchapter IX.
Sections 12.31, 12.32, 12.34, 12.35, and 12.36: Replaces
references to several Code sections with a reference to
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“subchapter” that encompasses all of the previously cited Code
sections related to provisions governing activities of the
treasurer of state.
Section 15.101: Strikes the redundant phrase “both
of” in a provision governing collaboration between the
economic development authority and the bioscience development
corporation.
Section 15.119: Replaces references to several Code
sections with a references to the applicable “subchapter”
and “part” that encompasses all of the previously cited Code
sections.
Section 15.322: Replaces “section” with “sections”
preceding a list of Code sections.
Section 15.445: Replaces “is” with “means” in the
definition of “commission” relating to historical preservation
districts.
Section 15.481: Adds a subparagraph reference to narrow
the scope of a cross reference to the appropriate provision
governing certain grant applications.
Section 16.1: Modifies the description in the definition of
“child foster care facilities” to be the specific defined term
being referenced.
Section 17A.2: Adds a comma before the last item in a series
within the definition of “agency”.
Section 17A.4: Strikes an unnecessary comma following a
Code reference in the first sentence of subsection 4.
Section 22.7: Changes several references to
“substance-related” disorder to “substance use” disorder to
align with updated terminology and to recent Code changes.
Section 24.48: Adds a comma before the last item in a
series within a provision governing actions of the city finance
committee.
Section 29C.6: Adds a comma before the last item in a series
within a provision governing proclamation of disaster emergency
by the governor.
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Section 72.2: Replaces the phrase “herein contained” with
“in this chapter” to clarify the applicability of provisions
governing duties relating to public contracts.
Section 72.4: Adds a comma before the last item in a series
within a provision governing penalties related to public
contracts.
Sections 76.7, 76.8, and 76.9: Adds a comma before the last
item in a series within provisions governing public bonds and
debt obligations.
Section 84A.1A: Changes the specified number of nonvoting
members on the Iowa workforce development board from 13 to 12
to reflect the accurate number of nonvoting members listed
within the Code section.
Section 89.3: Changes a reference from “commissioner” to
“director” to correspond to similar changes made to the Code
chapter in 2023 Iowa Acts, chapter 19.
Section 89.14: Corrects a reference enacted in 2023 Iowa
Acts, chapter 45, that was subsequently editorially renumbered
in Code section 89.3.
Section 90A.10: Changes two references from department of
“workforce development” to department of “inspections, appeals,
and licensing” to correspond to similar changes made to the
Code chapter in 2023 Iowa Acts, chapter 19.
Section 91C.7: Changes a reference from “division” to
“department” to correspond to similar changes made to the Code
chapter in 2023 Iowa Acts, chapter 19.
Section 99B.1: Strikes the unnecessary phrase “as
used herein” within the definition of “bona fide social
relationship”.
Section 99G.3: Updates description of the definition of
“director” to be the correct title of the director of revenue.
Sections 99G.12 and 99G.21: Changes references from
“authority” to “department” to correspond to similar changes
made to the Code chapter in 2023 Iowa Acts, chapter 19,
relating to operations of the lottery.
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Section 99G.29: Changes the word “sale” to “sales” to
appropriately denote multiple sales when describing lottery
retail sales.
Section 125.1: Replaces “insure” with “ensure” to correct
improper use of “insure” in a provision relating to substance
use disorder policies of the state.
Section 125.9: Adds a comma to set off a clause to enhance
readability in a provision relating to substance use disorders.
Section 125.20: Replaces a reference to “this paragraph”
with “this section” because the Code section only contains
one unnumbered paragraph, and adds a comma to a Code section
reference.
Section 125.33: Adds a comma to set off a qualifying clause
in a provision relating to authority of the director of health
and human services when a patient leaves certain facilities.
Section 125.54: Conforms the style of this Code section
relating to the use of certain funds by the director of health
and human services to the style used in other similar lists.
Section 135.1: Strikes a reference making definitions
applicable to Code chapter 155 because none of the definitions
appear within that Code chapter.
Section 135.190: Changes a reference to “substance abuse”
disorder to “substance use” disorder to align with updated
terminology and to recent Code changes.
Section 135C.30(3): Adds a comma before the last item
in a series within a provision governing certain health care
facilities.
Section 135C.30(5): Deletes an unnecessary comma in a
provision relating to the operation of certain health care
facilities under receivership.
Section 136A.3A: Specifies that the director of health and
human services is responsible for appointment of members to the
congenital and inherited disorders advisory committee.
Section 138.13: Replaces a semicolon with a comma in a
series of terms in a provision relating to migrant labor camps.
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Section 139A.3: Changes a reference from “local health
department” to “local department” to reflect the correct
defined term.
Section 139A.8A: Changes references from “local board of
health” to “local board” to reflect the correct defined term.
Section 139A.31: Changes references from “local health
department” to “local department” to reflect the correct
defined term.
Section 141A.2: Changes references to “epidemiological
studies” and “nonblinded epidemiological studies” to increase
readability and provide for proper use of the defined term.
Section 147H.1: Corrects an improper reference in the
definition of “active duty military” to a federal law provision
relating to members of the national guard and reserves on
active duty orders. The bill also replaces the term “and/or”
with “or” to reflect proper use within the Code.
Section 159.31A: Changes a reference from “authority” to
“department” to correct an incorrect reference in 2023 Iowa
Acts, chapter 101, relating to establishing a dairy innovation
fund and program.
Section 215.1: Adds a comma before the last item in a series
within a provision governing the inspection of weights and
measures by the department of agriculture and land stewardship.
Section 231B.4: Changes an incorrect Code section reference
relating to the state plumbing code from “135.11” to “105.4” in
a provision governing elder group homes.
Section 232.3A: Strikes an unnecessary reference to “of
this chapter” when describing certain actions under subchapters
of Code chapter 232.
Section 232.52: Changes Code section references from
“232.191, subsection 4” to “232.192, subsection 2, paragraph
“d””, to reflect the repeal of the program previously under
Code section 232.191 and enactment of a new program under Code
section 232.192.
Section 235B.6: Amends the reference to “department” to
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be the department of inspections, appeals, and licensing for
the purpose of licensure, certification or registration, or
disciplinary investigation, or the renewal of licensure,
certification or registration, or disciplinary proceedings of
health care professionals.
Section 237.3: Adds a comma before the last item in a series
in a provision relating to certain sanitation, water, and waste
disposal standards.
Section 237C.6: Amends a reference to the director of
the department of inspections, appeals, and licensing or the
director’s designee to avoid ambiguity.
Section 239.11: Corrects a reference from the “state
capitol maintenance fund” to the “public assistance
modernization fund” due to an incorrect reference in 2023 Iowa
Acts, chapter 112, section 61.
Section 256.7: Changes several references to the “division
of community colleges and workforce preparation” to the
“community colleges bureau” to reflect changes in the subunits
of the department of education and their assigned duties.
Section 256.137: Changes a reference from “division of
community colleges of the department” to “community colleges
and post-secondary readiness bureau” to reflect changes in
subunits of the department of education and their assigned
duties.
Section 256.225: Modifies a reference to Code section
261.114 by adding “Code 2023” to the reference to identify the
rural Iowa advanced registered nurse practitioner and physician
assistant loan repayment program prior to the program’s repeal
by its own terms, effective July 1, 2023.
Section 256B.5: Changes references from the “state bureau
of special education” to the “division of special education” to
reflect the current name of the departmental subunit.
Section 261A.5: Amends the provision specifying that the
Iowa higher education loan authority is attached to the college
student aid commission for administrative purposes by providing
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that the attachment is for organizational purposes as well.
This change incorporates similar language in Code section 7E.7,
which is repealed in the bill.
Section 261B.11: Changes a reference to schools operated
by postsecondary educational institutions licensed under Code
chapter 157 to include “schools of barbering and cosmetology
arts and sciences”, as recently modified by 2023 Iowa Acts,
chapter 99.
Section 310.1: Relocates and alphabetizes definitions
of “department” and “farm-to-market road system” from other
locations within Code chapter 310.
Section 310.4: Amends the Code section to improve
readability and to eliminate the use of the word “said” when
referring to certain items.
Section 321.1A: Amends a portion of the Code section to
eliminate the use of the word “their” when referring to certain
property and attributes of a member of the armed forces.
Section 321.2: Replaces “insure” with “ensure” to correct
improper use of “insure” in a provision relating to cooperation
between the department of transportation and the department of
public safety.
Section 321.430: Replaces “insure” with “ensure” to correct
improper use of “insure” in a provision relating to vehicle
performance requirements.
Section 321.432: Replaces “insure” with “ensure” to correct
improper use of “insure” in a provision relating to motor
vehicle horns and warning devices.
Section 321J.22: Adds “and” before the last item in a series
related to the types of data to be maintained for courses for
drinking drivers.
Section 331.756: Corrects the name of the department of
inspections and appeals to “department of inspections, appeals,
and licensing” to reflect the new name for the department
established in 2023 Iowa Acts, chapter 19.
Section 358C.18: Adds a comma to set off a qualifying
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clause of a sentence relating to a petition to add additional
territory to a real estate improvement district.
Section 384.26: Amends 2023 Iowa Acts, chapter 71, section
150, by changing incorrect references from “board” to “council”
in a provision relating to the authority of a city to issue
bonds that takes effect July 1, 2024.
Section 423.3: Removes an unnecessary Code section
reference to the Code section in which the reference occurs.
Section 425.11: Updates a reference from “homestead tax
credit” to “homestead tax credit and exemption” to reflect the
changes to the homestead property tax provisions enacted in
2023 Iowa Acts, chapter 71.
Section 462A.2: Amends the definition of “navigable waters”
by moving a clause to enhance readability and remove ambiguity.
Section 476.10B: Clarifies references to the “utilities
board” and to the “consumer advocate division of the department
of justice” to remove ambiguity.
Section 483A.9: Moves a comma to before “including” to
correct improper comma placement.
Section 507C.3: Changes a reference from “beneficial
societies” to “benevolent associations” to reflect the proper
name of such entities.
Section 509.2: Removes unnecessary references to “above”
that were part of internal subsection references.
Sections 521A.2, 521A.3, 521A.4, and 521A.6: Removes
unnecessary uses of “of this section” that were part of
internal subsection references.
Section 600.6: Removes unnecessary portions of the
references to the department of health and human services due
to the defined term within the Code chapter.
Section 633B.120: Corrects a Code reference by changing
“633B.199” to “633B.119”, which was incorrect when enacted in
2014 Iowa Acts, chapter 1078, section 22.
Section 654.17C: Amends the reference from the “department
of commerce” to the “department of insurance and financial
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services” to reflect the current departmental name following
enactment of 2023 Iowa Acts, chapter 19.
2017 Iowa Acts, chapter 26, section 2: Updates a contingent
implementation provision to reflect the updated departmental
name of the “department of health and human services”.
2020 Iowa Acts, chapter 1029, section 7: Updates the
departmental name to “department of inspections, appeals, and
licensing” for a provision relating to a requirement that the
department post on the department’s internet site a listing
of certain third-party vendors from which certain health care
facilities may select to conduct certain background checks.
2023 Iowa Acts, chapter 71, section 54: Corrects omission of
“division of this” from an implementation provision relating
to changes to the military service property tax exemption and
credit.
2023 Iowa Acts, chapter 123, section 13: Changes an
incorrect reference from “600.41A” to “600B.41A”. The
reference change has been corrected editorially in Code section
602.6306(2).
2023 Iowa Acts, chapter 132, section 1, subsection 5: Adds
the word “need” before “of assistance” to correct an omission.
The omission was corrected editorially in Code section
232.103B.
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