Bill Text: IA HF699 | 2021-2022 | 89th General Assembly | Enrolled

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Bill Title: A bill for an act relating to nonsubstantive Code corrections, and including retroactive applicability provisions. (Formerly HSB 209.) Effective date: 07/01/2021. Applicability date: 07/01/2020.

Spectrum: Committee Bill

Status: (Passed) 2021-04-30 - Signed by Governor. H.J. 1038. [HF699 Detail]

Download: Iowa-2021-HF699-Enrolled.html

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House File 699 - Enrolled
House File 699
AN ACT
RELATING TO NONSUBSTANTIVE CODE CORRECTIONS, AND INCLUDING
RETROACTIVE APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 8.44, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. Upon receiving federal funds or any other funds from
any public or private sources , except gifts or donations made
to institutions for the personal use or for the benefit of
members, patients, or inmates and receipts from the gift shop
of merchandise manufactured by members, patients, or inmates,
the state departments, agencies, boards, and institutions
receiving such the funds shall submit a written report within
thirty days after receipt of the funds to the director of the
department of management. The report shall state the source of
the funds that supplement or replace state appropriations for
institutional operations, the amount received, and the terms
under which the funds are received.
Sec. 2. Section 8A.460, subsection 1, Code 2021, is amended
to read as follows:
1. A terminal liability health insurance fund is created
in the state treasury under the control of the department
of administrative services. The proceeds of the terminal
liability health insurance fund shall be used by the department

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of administrative services to pay the state’s share of the
terminal liability of the existing health insurance contract
administered by the department of administrative services. The
moneys appropriated to the terminal liability health insurance
fund plus any additional moneys appropriated or collected
pursuant to 2001 Iowa Acts, ch. 190, or other Acts of the
general assembly shall constitute the total amount due to pay
the terminal liability specified in this section .
Sec. 3. Section 12.20, Code 2021, is amended to read as
follows:
12.20 Issuance of new check.
Upon presentation of any check voided as provided in
section 12.19 by the holder of the check after the six-months’
six-month period, the state treasurer is authorized to issue a
new check for the amount of the original check to the holder.
Sec. 4. Section 15.317, subsection 3, Code 2021, is amended
to read as follows:
3. The business is not an entity providing professional
services, health care services, or medical treatments or is not
an entity engaged primarily in retail operations.
Sec. 5. Section 15.354, subsection 3, paragraph e,
subparagraph (2), subparagraph division (b), Code 2021, is
amended to read as follows:
(b) If the project costs cause the housing project’s average
dwelling unit cost to exceed the applicable maximum amount
authorized in section 15.353, subsection 3 , but does do not
cause the average dwelling unit cost to exceed one hundred ten
percent of such applicable maximum amount, the authority may
consider the agreement fulfilled and may issue a tax credit
certificate. In such case, the authority shall reduce the tax
incentive award and the corresponding amount of tax incentives
the eligible housing project may claim under section 15.355,
subsections 2 and 3 , by the same percentage that the housing
project’s average dwelling unit cost exceeds the applicable
maximum amount under section 15.353, subsection 3 , and such
tax incentive reduction shall be reflected on the tax credit
certificate. If the authority issues a certificate pursuant
to this subparagraph division, the department of revenue

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shall accept the certificate notwithstanding that the housing
project’s average dwelling unit costs exceeds exceed the
maximum amount specified in section 15.353, subsection 3 .
Sec. 6. Section 15J.2, subsection 7, paragraph c, Code 2021,
is amended to read as follows:
c. A joint board or other legal entity established or
designated in an agreement made pursuant to chapter 28E between
two or more contiguous municipalities identified in paragraph
“a” or “b” pursuant to chapter 28E .
Sec. 7. Section 17A.4A, subsection 4, unnumbered paragraph
1, Code 2021, is amended to read as follows:
Upon receipt by an agency of a timely request for a
regulatory analysis, the agency shall extend the period
specified in this chapter for each of the following until at
least twenty days after publication in the Iowa administrative
bulletin of a concise summary of the regulatory analysis:
Sec. 8. Section 24.29, Code 2021, is amended to read as
follows:
24.29 Appeal.
The state board may conduct the hearing or may appoint a
deputy. A deputy designated to hear an appeal shall attend
in person and conduct the hearing in accordance with section
24.28 , and . The deputy shall promptly report the proceedings
at the hearing, which report shall become a part of the
permanent record of the state board.
Sec. 9. Section 29A.75, Code 2021, is amended to read as
follows:
29A.75 Affidavit.
An affidavit, executed by an attorney in fact or agent,
setting forth that the attorney or agent has not or had not, at
the time of doing any act pursuant to the power of attorney,
received actual knowledge or actual notice of the revocation or
termination of the power of attorney, by death or otherwise,
or notice of any facts indicating the same, shall, in the
absence of fraud, be conclusive proof of the nonrevocation or
nontermination of the power at such time. If the exercise of
the power requires execution and delivery of any instrument
which is recordable under the laws of this state, such the
affidavit (when , if authenticated for record in the manner

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prescribed by law) law, shall likewise be recordable.
Sec. 10. Section 29B.43, Code 2021, is amended to read as
follows:
29B.43 Oaths.
Before performing their official duties, military judges,
members of a general and special courts-martial, trial counsel,
assistant trial counsel, defense counsel, assistant defense
counsel, reporters , and interpreters shall take an oath to
perform their duties faithfully. The adjutant general shall
adopt rules prescribing the form of the oath, the time and
place of the taking of the oath, the manner of recording, and
whether the oath must be taken for all cases in which official
duties must be performed or for a particular case. The rules
may provide that an oath to perform duties faithfully as a
military judge, trial counsel, assistant trial counsel, defense
counsel, or assistant defense counsel may be taken at any
time by any judge advocate or legal officer, or other person
certified to be qualified or competent for the duty, and that
once taken the oath need not be taken again each time the
person is detailed to that duty.
Sec. 11. Section 48A.19, subsection 1, paragraph a,
subparagraph (4), Code 2021, is amended to read as follows:
(4) Special supplemental food nutrition program for women,
infants, and children.
Sec. 12. Section 50.48, subsection 6, Code 2021, is amended
to read as follows:
6. The commissioner shall promptly notify the state
commissioner of any recount of votes for an office to which
section 50.30 , or section 43.60 in the case of a primary
election, is applicable. If necessary, the state canvass
required by section 50.38 , or by section 43.63 , as the case
may be, shall be delayed with respect to the office or the
nomination to which the recount pertains. The commissioner
shall subsequently inform the state commissioner at the
earliest possible time whether any change in the outcome of the
election in that county or district resulted from the recount.
Sec. 13. Section 67.3, Code 2021, is amended to read as
follows:
67.3 Refusal to obey subpoena —— fees.

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1. If any witness, duly subpoenaed, refuses to obey said
the subpoena, or refuses to testify, said the commission shall
certify said the fact to the district court of the county where
the investigation is being had and said taking place. The
court shall proceed with said the witness in the same manner
as though said the refusal had occurred in a legal proceeding
before said the court or judge.
2. Witnesses shall be paid in the manner provided for
witnesses before the executive council and from the same
appropriation.
Sec. 14. Section 80.45A, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. “Commissioner” means the commissioner of the department
of public safety or the commissioner’s designee.
Sec. 15. Section 80D.9, Code 2021, is amended to read as
follows:
80D.9 Supervision of reserve peace officers.
1. Reserve peace officers shall be subordinate to regular
peace officers, shall not serve as peace officers unless
under the direction of regular peace officers, and shall
wear a uniform prescribed by the chief of police, sheriff,
commissioner of public safety, or director of the judicial
district department of correctional services unless that
superior officer designates alternate apparel for use when
engaged in assignments involving special investigation, civil
process, court duties, jail duties, and the handling of mental
patients. The reserve peace officer shall not wear an insignia
of rank.
2. Each department for which a reserve force is established
shall appoint a certified peace officer as the reserve force
coordinating and supervising officer. A reserve peace
officer force established in a judicial district department
of correctional services must be directly supervised by a
certified peace officer who is on duty. That certified peace
officer shall report directly to the chief of police, sheriff,
commissioner of public safety or the commissioner’s designee,
or director of the judicial district department of correctional
services or the director’s designee, as the case may be.
Sec. 16. Section 84A.13, subsection 4, Code 2021, is amended

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to read as follows:
4. An Iowa employer innovation fund is created in the
state treasury as a separate fund under the control of the
department of workforce development, in consultation with the
workforce development board. The fund shall consist of any
moneys appropriated by the general assembly and any other
moneys available to and obtained or accepted by the department
from the federal government. A portion of the moneys deposited
in the fund, in an amount to be determined annually by the
department of workforce development in consultation with the
workforce development board, shall be transferred annually to
the Iowa child care challenge fund created pursuant to section
84A.13A . The assets of the Iowa employer innovation fund shall
be used by the department in accordance with this section . All
moneys deposited or paid into the fund are appropriated and
made available to the board to be used in accordance with this
section . Notwithstanding section 8.33 , any balance in the fund
on June 30 of each fiscal year shall not revert to the general
fund of the state, but shall be available for purposes of this
section and for transfer in accordance with this section in
subsequent fiscal years.
Sec. 17. Section 85.26, subsection 3, Code 2021, is amended
to read as follows:
3. Notwithstanding chapter 17A , the filing with the
workers’ compensation commissioner of the original notice or
petition for an original proceeding or an original notice
or petition to reopen an award or agreement of settlement
provided by section 86.13 , for benefits under this chapter or
chapter 85A or 85B is the only act constituting “commencement”
commencement for purposes of this section .
Sec. 18. Section 85.55, subsection 1, Code 2021, is amended
to read as follows:
1. For purposes of this section , franchisee “franchisee”
and franchisor “franchisor” mean the same as defined in section
523H.1 .
Sec. 19. Section 85A.4, Code 2021, is amended to read as
follows:
85A.4 Disablement defined.
Disablement as that term is As used in this chapter is ,

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“disablement” means the event or condition where an employee
becomes actually incapacitated from performing the employee’s
work or from earning equal wages in other suitable employment
because of an occupational disease as defined in this chapter
in the last occupation in which such employee is injuriously
exposed to the hazards of such disease.
Sec. 20. Section 89A.10, subsection 3, Code 2021, is amended
to read as follows:
3. If the commissioner has reason to believe that the
continued operation of a conveyance constitutes an imminent
danger which could reasonably be expected to seriously
injure or cause death to any person, in addition to any other
remedies, the commissioner may apply to the district court
in the county in which such imminently dangerous condition
exists for a temporary order for the purpose of enjoining such
imminently dangerous conveyance. Upon hearing, if deemed
appropriate by the court, a permanent injunction may be issued
to insure ensure that such imminently dangerous conveyance be
prevented or controlled. Upon the elimination or rectification
of such imminently dangerous condition, the temporary or
permanent injunction shall be vacated.
Sec. 21. Section 91.11, Code 2021, is amended to read as
follows:
91.11 Prosecutions for violations.
1. If the commissioner learns of any violation of any law
administered by the division, the commissioner may give the
county attorney of the county in which the violation occurred
written notice of the facts, whereupon that officer shall
institute the proper proceedings against the person charged
with the offense.
2. If the commissioner is of the opinion that the violation
is not willful, or is an oversight or of a trivial nature, the
commissioner may at the commissioner’s discretion fix a time
within which the violation shall be corrected and notify the
owner, operator, superintendent, or person in charge , and if .
If the violation is corrected within the time fixed, then the
commissioner shall not cause prosecution to be begun.
Sec. 22. Section 96.1A, subsection 37, Code 2021, is amended
to read as follows:

House File 699, p. 8
37. “Total and partial unemployment” “Totally unemployed”,
“partially unemployed”, and “temporarily unemployed” .
a. An individual shall be deemed “totally unemployed”
in any week with respect to which no wages are payable to
the individual and during which the individual performs no
services.
b. An individual shall be deemed “partially unemployed” in
any week in which either of the following apply:
(1) While employed at the individual’s then regular job, the
individual works less than the regular full-time week and in
which the individual earns less than the individual’s weekly
benefit amount plus fifteen dollars.
(2) The individual, having been separated from the
individual’s regular job, earns at odd jobs less than the
individual’s weekly benefit amount plus fifteen dollars.
c. An individual shall be deemed “temporarily unemployed”
if for a period, verified by the department, not to exceed
four consecutive weeks, the individual is unemployed due
to a plant shutdown, vacation, inventory, lack of work, or
emergency from the individual’s regular job or trade in which
the individual worked full-time and will again work full-time,
if the individual’s employment, although temporarily suspended,
has not been terminated.
Sec. 23. Section 96.6, subsection 2, Code 2021, is amended
to read as follows:
2. Initial determination. A representative designated
by the director shall promptly notify all interested parties
to the claim of its filing, and the parties have ten days
from the date of issuing issuance of the notice of the
filing of the claim to protest payment of benefits to the
claimant. All interested parties shall select a format as
specified by the department to receive such notifications.
The representative shall promptly examine the claim and any
protest, take the initiative to ascertain relevant information
concerning the claim, and, on the basis of the facts found
by the representative, shall determine whether or not the
claim is valid, the week with respect to which benefits shall
commence, the weekly benefit amount payable and its maximum
duration, and whether any disqualification shall be imposed.

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The claimant has the burden of proving that the claimant
meets the basic eligibility conditions of section 96.4 . The
employer has the burden of proving that the claimant is
disqualified for benefits pursuant to section 96.5 , except as
provided by this subsection . The claimant has the initial
burden to produce evidence showing that the claimant is not
disqualified for benefits in cases involving section 96.5,
subsections 10 and 11 , and has the burden of proving that a
voluntary quit pursuant to section 96.5, subsection 1 , was
for good cause attributable to the employer and that the
claimant is not disqualified for benefits in cases involving
section 96.5, subsection 1 , paragraphs “a” through “h” . Unless
the claimant or other interested party, after notification
or within ten calendar days after notification was issued,
files an appeal from the decision, the decision is final
and benefits shall be paid or denied in accordance with the
decision. If an administrative law judge affirms a decision of
the representative, or the appeal board affirms a decision of
the administrative law judge allowing benefits, the benefits
shall be paid regardless of any appeal which is thereafter
taken, but if the decision is finally reversed, no employer’s
account shall be charged with benefits so paid and this relief
from charges shall apply to both contributory and reimbursable
employers, notwithstanding section 96.8, subsection 5 .
Sec. 24. Section 96.14, subsection 16, Code 2021, is amended
to read as follows:
16. Injunction upon nonpayment. Any employer or employing
unit refusing or failing to make and file required reports ,
or records, or to pay any contributions, interest, or penalty
under the provisions of this chapter , after ten days’ written
notice sent by the department to the employer’s or employing
unit’s last known address by certified mail, may be enjoined
from operating any business in the state while in violation
of this chapter upon the complaint of the department in the
district court of a county in which the employer or employing
unit has or had a place of business within the state, and
any temporary injunction enjoining the continuance of such
business may be granted without notice and without a bond being
required from the department. Such injunction may enjoin any

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employer or employing unit from operating a business unit
until the delinquent contributions, interest, or penalties
shall have been made and filed or paid; or the employer shall
have furnished a good and sufficient bond conditioned upon the
payment of such delinquencies in such an amount and containing
such terms as may be determined by the court; or the employer
has entered into a plan for the liquidation of the business to
pay for such delinquencies as the court may approve, provided
that such injunction may be reinstated upon the employer’s
failure to comply with the terms of said plan.
Sec. 25. Section 96.40, subsection 5, Code 2021, is amended
to read as follows:
5. An employer may file an appeal in writing of from a
denial or approval of a plan or revocation of an approved plan
by the department within thirty days from the date of the
decision.
Sec. 26. Section 124.409, subsection 3, Code 2021, is
amended to read as follows:
3. In order to obtain the most effective results from such
medical treatment and rehabilitative services, the court may
commit the person to the custody of a public or private agency
or any other responsible person and impose other conditions
upon the commitment as is necessary to insure ensure compliance
with the court’s order and to insure ensure that the person
will not, during the period of treatment and rehabilitation,
again violate a provision of this chapter .
Sec. 27. Section 125.33, subsection 5, Code 2021, 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. 28. Section 135.14, subsection 2, paragraph d, Code

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2021, is amended to read as follows:
d. Manage the oral and health delivery systems bureau
including direction, supervision, and fiscal management of
bureau staff.
Sec. 29. Section 135.15, unnumbered paragraph 1, Code 2021,
is amended to read as follows:
An oral and health delivery system systems bureau is
established within the division of health promotion and chronic
disease prevention of the department. The bureau shall be
responsible for all of the following:
Sec. 30. Section 135.16, Code 2021, is amended to read as
follows:
135.16 Special supplemental nutrition program for
women, infants, and children supplemental food program ——
methamphetamine education.
As a component of the federal funding received by the
department as the administering agency for the special
supplemental nutrition program for women, infants, and children
supplemental food program , from the United States department
of agriculture, food and consumer nutrition service, the
department shall incorporate a methamphetamine education
program into its nutrition and health-related education
services. The department shall be responsible for the
development of the education program to be delivered, and for
the selection of qualified contract agencies to deliver the
instruction under the program.
Sec. 31. Section 135.16A, Code 2021, is amended to read as
follows:
135.16A Vendors participating in federal food nutrition
program —— egg sales.
1. As used in this section , unless the context otherwise
requires:
a. “Conventional eggs” means eggs other than specialty eggs.
b. “Eggs” means shell eggs that are graded as “AA”, “A”, or
“B” pursuant to 7 C.F.R. pt. 56, subpt. A , and that are sold at
retail in commercial markets.
c. “Federal food nutrition program” means the special
supplemental food nutrition program for women, infants, and
children as provided in 42 U.S.C. §1786, et seq.

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d. “Grocery store” means a food establishment as defined
in section 137F.1 licensed by the department of inspections
and appeals pursuant to section 137F.4 , to sell food or food
products to customers intended for preparation or consumption
off premises.
e. “Specialty eggs” means eggs produced by domesticated
chickens, and sold at retail in commercial markets if the
chickens producing such eggs are advertised as being housed in
any of the following environments:
(1) Cage-free.
(2) Free-range.
(3) Enriched colony cage.
2. a. The department of inspections and appeals shall
assist the Iowa department of public health in adopting rules
necessary to implement and administer this section .
b. If necessary to implement, administer, and enforce this
section , the Iowa department of public health, in cooperation
with the department of agriculture and land stewardship, shall
submit a request to the United States department of agriculture
for a waiver or other exception from regulations as deemed
feasible by the Iowa department of public health. The Iowa
department of public health shall regularly report the status
of such request to the legislative services agency.
3. A grocery store that is a vendor participating in a
federal food nutrition program and offering specialty eggs
for retail sale shall maintain an inventory of conventional
eggs for retail sale sufficient to meet federal and state
requirements for participation in the federal food nutrition
program.
4. This section does not require a grocery store to do any
of the following:
a. Stock or sell specialty eggs.
b. Stock or sell eggs, if the grocery store elects not to
stock or sell conventional eggs for retail sale as part of its
normal business.
c. Comply with the provisions of this section , if the
grocery store’s inventory of eggs for retail sale was limited
to specialty eggs prior to January 1, 2018.
5. A violation of subsection 3 by a grocery store shall not

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be construed to disqualify a grocery store from participating
in a federal food nutrition program unless otherwise authorized
by the United States department of agriculture.
Sec. 32. Section 135.19, subsection 2, Code 2021, is amended
to read as follows:
2. The department shall establish by rule a list of
individuals by category who are at increased risk for viral
hepatitis exposure. The list shall be consistent with
recommendations developed by the centers for disease control
and prevention of the United States department of health and
human services , and shall be developed in consultation with
the Iowa viral hepatitis task force and the Iowa department
of veterans affairs. The department shall also establish
by rule what information is to be distributed and the form
and manner of distribution. The rules shall also establish
a vaccination and testing program, to be coordinated by the
department through local health departments and clinics and
other appropriate locations.
Sec. 33. Section 135.43, subsection 2, paragraph n, Code
2021, is amended to read as follows:
n. One other member who is appointed at large.
Sec. 34. Section 135.43, subsection 4, paragraph c,
subparagraph (3), Code 2021, is amended to read as follows:
(3) Confirmation of receipt by the department of human
services receipt of any report of child abuse involving
the child, including confirmation as to whether or not any
assessment involving the child was performed in accordance with
section 232.71B , the results of any assessment, a description
of the most recent assessment and the services offered to the
family, the services rendered to the family, and the basis for
the department’s decisions concerning the case.
Sec. 35. Section 135.173A, subsection 4, paragraph n, Code
2021, is amended to read as follows:
n. One designee of the early childhood Iowa office of the
department of management.
Sec. 36. Section 148F.3, subsection 8, Code 2021, is amended
to read as follows:
8. Adoption of rules providing temporary licensing for
persons providing orthotic, prosthetic, and pedorthic care in

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this state prior to the effective date of this Act July 1,
2012 . A temporary license is good for no more than one year.
Sec. 37. Section 153.14, subsection 2, Code 2021, is amended
to read as follows:
2. Licensed “physicians and surgeons” physicians and
surgeons or licensed “osteopathic physicians and surgeons”
osteopathic physicians and surgeons who extract teeth or treat
diseases of the oral cavity, gums, teeth, or maxillary bones as
an incident to the general practice of their profession.
Sec. 38. Section 154A.20, subsection 2, Code 2021, is
amended to read as follows:
2. The receipt shall bear the following statement in type no
smaller than the largest used in the body copy portion of the
receipt:
The purchaser has been advised that any examination or
representation made by a licensed hearing aid specialist in
connection with the fitting or selection and selling of this
hearing aid is not an examination, diagnosis, or prescription
by a person licensed to practice medicine in this state and ,
therefore, must not be regarded as medical opinion or advice.
Sec. 39. Section 158.1, subsection 3, Code 2021, is amended
to read as follows:
3. “Barbershop” means an establishment in a fixed location ,
or a location that is readily movable , where one or more
persons engage in the practice of barbering.
Sec. 40. Section 162.1, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. Insure Ensure that all dogs and cats handled by
commercial establishments are provided with humane care and
treatment.
Sec. 41. Section 190B.201, subsections 2 and 3, Code 2021,
are amended to read as follows:
2. The purpose of the fund is to relieve situations of
emergency experienced by families or individuals who reside
in this state, including low-income families and individuals
and unemployed families and individuals, by distributing food
to those persons, and the department of agriculture and land
stewardship may contract with an Iowa food bank association to
manage the program.

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3. The Iowa food bank association managing the program
shall distribute food under the program to emergency feeding
organizations in this state. The Iowa food bank association
shall report to the department of agriculture and land
stewardship as required by the department.
Sec. 42. Section 191.1, Code 2021, is amended to read as
follows:
191.1 Label requirements.
All food offered or exposed for sale, or sold in package
or wrapped form, shall be labeled on the package or container
as prescribed in sections 189.9 to through 189.12 , inclusive ,
unless otherwise provided in this chapter .
Sec. 43. Section 191.2, unnumbered paragraph 1, Code 2021,
is amended to read as follows:
The products enumerated below shall be labeled on the side or
top of the container or package in which placed, kept, offered
or exposed for sale, or sold as prescribed in sections 189.9
to through 189.12 , inclusive , except that the label shall
be printed in letters not less than three-quarters inch in
height and one-half inch in width and subject to the following
regulations:
Sec. 44. Section 200.2, Code 2021, is amended to read as
follows:
200.2 Enforcing official.
This chapter shall be administered by the secretary of
agriculture , hereinafter referred to as the secretary .
Sec. 45. Section 200.15, Code 2021, is amended to read as
follows:
200.15 Refusal to register or cancellation of registration
and licenses.
1. The Upon satisfactory evidence that the registrant or
licensee has used fraudulent or deceptive practices or has
willfully violated any provisions of this chapter or any rules
and regulations promulgated under this chapter, the secretary
is authorized and empowered to cancel do any of the following:
a. Cancel the registration of any product of commercial
fertilizer or soil conditioner or license or to refuse .
b. Refuse to register any product of commercial fertilizer
or soil conditioner or refuse .

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c. Refuse to license any applicant upon satisfactory
evidence that the registrant or licensee has used fraudulent or
deceptive practices or has willfully violated any provisions
of this chapter or any rules and regulations promulgated under
this chapter .
2. However, a registration or license shall not be revoked
or refused until the registrant or licensee has been given the
opportunity to appear for a hearing by the secretary.
Sec. 46. Section 202B.202, subsections 1, 2, and 3, Code
2021, are amended to read as follows:
1. a. A cooperative association which is a party to a
contract for the care and feeding of swine in compliance with
section 9H.2 prior to May 9, 2003, and which is in violation of
section 9H.2 , as amended by 2003 Iowa Acts, ch. 115 , shall have
until June 30, 2007, to comply with section 9H.2 , as amended by
2003 Iowa Acts, ch. 115 .
b. Notwithstanding any provision of this section , a
cooperative association shall not take an action on or after
May 9, 2003, that would be in violation of section 9H.2 , as
amended by 2003 Iowa Acts, ch. 115 .
2. A processor that was in compliance with section 9H.2 ,
Code 2001, prior to January 1, 2002, and which is in violation
of section 9H.2 , as amended by 2002 Iowa Acts, ch. 1095 , shall
have until June 30, 2006, to comply with section 9H.2 , as
amended by 2002 Iowa Acts, ch. 1095 .
3. Notwithstanding any provision of this section , a
processor shall not take an action on or after January 1, 2002,
that would be in violation of section 9H.2 , as amended by 2002
Iowa Acts, ch. 1095 .
Sec. 47. Section 216.22, subsection 1, Code 2021, is amended
to read as follows:
1. For purposes of this section , franchisee and franchisor
“franchisee” and “franchisor” mean the same as defined in
section 523H.1 .
Sec. 48. Section 216B.2, Code 2021, is amended to read as
follows:
216B.2 Commission created.
1. The commission for the blind is established consisting
of three members appointed by the governor, subject to

House File 699, p. 17
confirmation by the senate. Members of the commission shall
serve three-year terms beginning and ending as provided in
section 69.19 . The commission shall adopt rules concerning
programs and services for blind persons provided under
this chapter . The members of the commission shall appoint
officers for the commission. A majority of the members of the
commission shall constitute a quorum.
2. Commission members shall be reimbursed for actual
expenses incurred in performance of their duties. Members may
also be eligible to receive compensation as provided in section
7E.6 . The members of the commission shall appoint officers for
the commission. A majority of the members of the commission
shall constitute a quorum.
3. The commission shall adopt rules concerning programs and
services for blind persons provided under this chapter.
Sec. 49. Section 225C.3, subsection 1, Code 2021, is amended
to read as follows:
1. The division is designated the state mental health
authority as defined in 42 U.S.C. §201(m) (1976) for the
purpose of directing the benefits of the National Mental Health
Act, 42 U.S.C. §201 et seq. This designation does not preclude
the state board of regents from authorizing or directing any
institution under its jurisdiction to carry out educational,
prevention, and research activities in the areas of mental
health and intellectual disability. The division may contract
with the state board of regents or any institution under the
board’s jurisdiction to perform any of these functions.
Sec. 50. Section 230.20, subsection 1, paragraph a,
subparagraph (2), Code 2021, is amended to read as follows:
(2) The costs of certain direct medical services identified
in administrative rule, which may include but need not be
limited to X-ray x-ray , laboratory, and dental services.
Sec. 51. Section 232.182, subsections 5A and 6, Code 2021,
are amended to read as follows:
5A. 6. If the court orders placement of the child into
foster care, the court or the department shall establish a
support obligation for the costs of the placement pursuant to
section 234.39 .
6. 7. The hearing may be waived and the court may issue

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the findings and order required under subsection 5 on the basis
of the department’s written report if all parties agree to the
hearing’s waiver and the department’s written report.
Sec. 52. Section 260C.48, subsection 1, paragraph a,
subparagraph (1), subparagraph division (a), Code 2021, is
amended to read as follows:
(a) Possess a baccalaureate or graduate degree in the
area or a related area of study or occupational area in
which the instructor teaches classes, or possesses possess a
baccalaureate degree in any area of study if at least eighteen
of the credit hours completed were in the career and technical
field of instruction in which the instructor teaches classes.
Sec. 53. Section 261.120, subsection 3, paragraph a,
subparagraphs (1) and (2), Code 2021, are amended to read as
follows:
(1) Is enrolled in the final year of a doctor of veterinary
medicine degree program at a college of veterinary medicine
accredited by the American veterinary medical association
council on education.
(2) Is a veterinarian licensed pursuant to chapter 169
who, within five years of applying for this program, received
a doctor of veterinary medicine degree from a college of
veterinary medicine accredited by the American veterinary
medical association council on education.
Sec. 54. Section 261.120, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. Receive or possess a doctor of veterinary medicine
degree , or the equivalent, from a college of veterinary
medicine accredited by the American veterinary medical
association council on education.
Sec. 55. Section 263B.4, Code 2021, is amended to read as
follows:
263B.4 Definitions.
As used in sections 263B.5 and 263B.6 :
1. “Appropriate authority” means the federal or state
authorities concerned with the preservation and study of
historical objects.
1. 2. “Historical objects” means archaeological and
paleontological objects, including all ruins, sites, buildings,

House File 699, p. 19
artifacts, fossils, or other objects of antiquity that
have state and national significance from an historical or
scientific standpoint for the inspiration and benefit of the
people of the United States.
2. 3. “Salvage” means the salvage of historical objects.
3. “Appropriate authority” means the federal or state
authorities concerned with the preservation and study of
historical objects.
Sec. 56. Section 272A.1, subsection 2, paragraphs a, b, c,
d, e, and f, Code 2021, are amended to read as follows:
a. “Educational personnel” means persons who must meet
requirements pursuant to state law as a condition of employment
in educational programs.
a. “Accept” , or any variant thereof, means to recognize
and give effect to one or more determinations of another state
relating to the qualifications of educational personnel in
lieu of making or requiring a like determination that would
otherwise be required by or pursuant to the laws of a receiving
state.
b. “Designated state official” means the education official
of a state selected by that state to negotiate and enter into,
on behalf of that state, contracts pursuant to this agreement.
c.
“Accept” , or any variant thereof, means to recognize
and give effect to one or more determinations of another state
relating to the qualifications of educational personnel in
lieu of making or requiring a like determination that would
otherwise be required by or pursuant to the laws of a receiving
state.
c. “Educational personnel” means persons who must meet
requirements pursuant to state law as a condition of employment
in educational programs.
d. “State” means a state, territory, or possession of the
United States; the District of Columbia; or the Commonwealth
of Puerto Rico.
e. d. “Originating state” means a state, and the
subdivision thereof, if any, whose determination that certain
educational personnel are qualified to be employed for specific
duties in schools is acceptable in accordance with the terms of
a contract made pursuant to article III of this agreement.

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f. e. “Receiving state” means a state, and the subdivisions
thereof, which accepts educational personnel in accordance with
the terms of a contract made pursuant to article III of this
agreement.
f. “State” means a state, territory, or possession of the
United States; the District of Columbia; or the Commonwealth
of Puerto Rico.
Sec. 57. Section 306A.10, Code 2021, is amended to read as
follows:
306A.10 Notice to relocate —— costs paid.
Whenever the state department of transportation, a city , or
a county determines that relocation or removal of any utility
facility now located in, over, along, or under any highway
or street, is necessitated by the construction of a project
on routes of the national system of interstate and defense
highways including extensions within cities or on streets or
highways resulting from interstate substitutions in a qualified
metropolitan area under Tit. 23, U.S.C., the utility owning
or operating the facility shall relocate or remove the same
facility in accordance with statutory notice. The costs of
relocation or removal, including the costs of installation
in a new location, shall be ascertained by the authority
having jurisdiction over the project or as determined in
condemnation proceedings for such purposes and may be paid from
participating federal aid or other funds.
Sec. 58. Section 311.23, subsection 1, Code 2021, is amended
to read as follows:
1. The total cost of any secondary road assessment district
project shall in the first instance be paid out of the county
treasury. Any assessments which are paid in cash , and in
anticipation of which assessments no certificates have been
issued, shall be transferred to the county treasury.
Sec. 59. Section 321.504, Code 2021, is amended to read as
follows:
321.504 Optional notification.
In lieu of mailing the notification described in section
321.502 to the defendant in a foreign state, the plaintiff may
cause the notification to be personally served in the foreign
state on the defendant by any adult person not a party to the

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suit, by delivering the notification to the defendant or by
offering to make such delivery in case the defendant refuses
to accept delivery.
Sec. 60. Section 327E.1, Code 2021, is amended to read as
follows:
327E.1 Foreign railway companies corporations .
1. Any railway corporation organized or created by or
under the laws of any other state, owning and operating a line
or lines of railroad in such state, may build its road or
branches into this state, and shall possess all the powers and
privileges, and be subject to the same liabilities, as like
corporations organized and incorporated under the laws of this
state, if it shall file the railway corporation files with the
secretary of state a copy of its articles of incorporation, if
incorporated under a general law of such state, or a certified
copy of the statute incorporating it where if the charter
thereof was granted by statute.
2. Any such railway corporation may take and hold voluntary
grants of real estate and other property as are made to
it to aid in the construction, maintenance, and continued
operation of its railway. However, all real estate so received
shall be held only as long as the real estate is used for
the construction, maintenance, and continued operation of a
railway.
Sec. 61. Section 331.424, subsection 1, paragraph a,
subparagraph (1), subparagraph division (b), Code 2021, is
amended to read as follows:
(b) Clothing, transportation, medical, or other services
provided persons attending the Iowa braille and sight saving
school, the Iowa school for the deaf, or the university of Iowa
hospitals and clinics’ center for disabilities and development
for children with severe disabilities at Iowa City, for which
the county becomes obligated to pay pursuant to sections
263.12 , 269.2 , and 270.4 through 270.7 .
Sec. 62. Section 359.3, Code 2021, is amended to read as
follows:
359.3 Boundaries conterminous with city.
Where the boundaries of any city have been changed, the board
of supervisors of the county in which the same city is situated

House File 699, p. 22
shall have power to change the boundary lines of townships so
as to make them conform to the boundaries of the city, and to
make such other changes in township lines, and the number of
townships, as it may deem necessary; but no action shall be
taken affecting the boundaries or existing conditions of school
districts.
Sec. 63. Section 359.32, Code 2021, is amended to read as
follows:
359.32 Sale of lots —— gifts.
Township trustees shall have authority to provide for the
sale of lots , or portions thereof, in any cemetery under their
control, and make rules in regard thereto. Township trustees
may provide for perpetual upkeep by the establishment of a
perpetual upkeep fund from the proceeds of sale of lots, and
may accept gifts a gift , devise, or bequest , made to them for
that purpose.
Sec. 64. Section 359A.22, Code 2021, is amended to read as
follows:
359A.22 Controversies.
Upon the application of either owner, after notice is
given as prescribed in this chapter , the fence viewers shall
determine all controversies arising under sections 359A.18 to
through 359A.21 , inclusive, including the partition fences made
sheep and swine tight.
Sec. 65. Section 420.236, subsection 1, Code 2021, is
amended to read as follows:
1. That no a person shall not be permitted to pay taxes of
any one year until the taxes for the previous years shall be
are first paid.
Sec. 66. Section 421.27, subsection 2, paragraph c,
subparagraph (2), subparagraph division (b), Code 2021, is
amended to read as follows:
(b) As used in this subparagraph, all words and phrases
shall have the same meaning as defined in section 422.25A shall
have the same meaning given them by that section .
Sec. 67. Section 421.59, subsection 1, paragraph b, Code
2021, is amended to read as follows:
b. A taxpayer may at any time revoke a power of attorney
filed with the department pursuant to this subsection 1 . Upon

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processing of the taxpayer’s revocation of a power of attorney,
the department shall cease honoring the power of attorney.
Sec. 68. Section 422.1, subsections 4 and 10, Code 2021, are
amended to read as follows:
4. Subchapter IV Repealed by 2003 Iowa Acts,
1st Ex., ch. 2, §151, 205 ;
see chapter 423 .
10. Subchapter X Repealed by 2009 Iowa Acts,
ch. 179, §152, 153 .
Sec. 69. Section 422.4, subsection 10, Code 2021, is amended
to read as follows:
10. The word “nonresident” applies only to individuals, and
includes all individuals who are not “residents” within the
meaning of subsection 15 hereof .
Sec. 70. Section 422.11A, Code 2021, is amended to read as
follows:
422.11A New jobs tax credit.
1. The taxes imposed under this subchapter , less the
credits allowed under section 422.12 , shall be reduced by a
new jobs tax credit. An industry which has entered into an
agreement under chapter 260E and which has increased its base
employment level by at least ten percent within the time set
in the agreement or, in the case of an industry without a base
employment level, adds new jobs within the time set in the
agreement is entitled to this new jobs tax credit for the tax
year selected by the industry. In determining if the industry
has increased its base employment level by ten percent or added
new jobs, only those new jobs directly resulting from the
project covered by the agreement and those directly related to
those new jobs shall be counted.
2. The amount of this credit is equal to the product of
six percent of the taxable wages , as defined in section 96.1A,
subsection 36, upon which an employer is required to contribute
to the state unemployment compensation fund, as defined in
section 96.1A, subsection 36 , times the number of new jobs
existing in the tax year that directly result from the project
covered by the agreement or new jobs that directly result from
those new jobs. The tax year chosen by the industry shall
either begin or end during the period beginning with the date

House File 699, p. 24
of the agreement and ending with the date by which the project
is to be completed under the agreement. An individual may
claim the new jobs tax credit allowed a partnership, subchapter
S corporation, or estate or trust electing to have the income
taxed directly to the individual. The amount claimed by
the individual shall be based upon the pro rata share of
the individual’s earnings of the partnership, subchapter S
corporation, or estate or trust. Any credit in excess of the
tax liability for the tax year may be credited to the tax
liability for the following ten tax years or until depleted,
whichever is the earlier.
3. For purposes of this section , “agreement” , “industry” ,
“new job” , and “project” mean the same as defined in section
260E.2 and “base employment level” means the number of full-time
jobs an industry employs at the plant site which is covered by
an agreement under chapter 260E on the date of that agreement.
Sec. 71. Section 422.11S, subsection 8, paragraph a,
subparagraph (2), subparagraph division (b), subparagraph
subdivision (i), Code 2021, is amended to read as follows:
(i) During any calendar year beginning on or after January
1, 2022, if the amount of awarded tax credits from the
preceding calendar year are is equal to or greater than ninety
percent of the total approved tax credits for the current
calendar year, the total approved tax credits for the current
calendar year shall equal the product of ten percent multiplied
by the total approved tax credits for the current calendar year
plus the total approved tax credits for the current calendar
year.
Sec. 72. Section 422.25A, subsection 1, paragraph r, Code
2021, is amended to read as follows:
r. “Partnership level audit” means an examination by the
internal revenue service at the partnership level pursuant
to subchapter C , of title 26, subtitle F, chapter 63, of the
Internal Revenue Code, as enacted by the Bipartisan Budget Act
of 2015, Pub. L. No. 114-74, and as amended, which results in
final federal partnership adjustments initiated and made by the
internal revenue service.
Sec. 73. Section 422.29, subsection 1, Code 2021, is amended
to read as follows:

House File 699, p. 25
1. Judicial review of actions of the director may be
sought in accordance with the terms of the Iowa administrative
procedure Act, chapter 17A . Notwithstanding the terms of said
Act chapter 17A , petitions for judicial review may be filed
in the district court of the county in which the petitioner
resides, or in which the petitioner’s principal place of
business is located, or in the case of a nonresident not
maintaining a place of business in this state either in any
county in which the income involved was earned or derived or in
Polk county, within sixty days after the petitioner shall have
received notice of a determination by the director as provided
for in section 422.28 .
Sec. 74. Section 422.33, subsection 6, Code 2021, is amended
to read as follows:
6. a. The taxes imposed under this subchapter shall be
reduced by a new jobs tax credit. An industry which has
entered into an agreement under chapter 260E and which has
increased its base employment level by at least ten percent
within the time set in the agreement or, in the case of an
industry without a base employment level, adds new jobs within
the time set in the agreement is entitled to this new jobs
tax credit for the tax year selected by the industry. In
determining if the industry has increased its base employment
level by ten percent or added new jobs, only those new jobs
directly resulting from the project covered by the agreement
and those directly related to those new jobs shall be counted.
b. The amount of this credit is equal to the product of
six percent of the taxable wages , as defined in section 96.1A,
subsection 36, upon which an employer is required to contribute
to the state unemployment compensation fund, as defined in
section 96.1A, subsection 36 , times the number of new jobs
existing in the tax year that directly result from the project
covered by the agreement or new jobs that directly result from
those new jobs. The tax year chosen by the industry shall
either begin or end during the period beginning with the date
of the agreement and ending with the date by which the project
is to be completed under the agreement. Any credit in excess
of the tax liability for the tax year may be credited to the tax
liability for the following ten tax years or until depleted in

House File 699, p. 26
less than the ten years.
c. For purposes of this section , “agreement” , “industry” ,
“new job” and “project” mean the same as defined in section
260E.2 and “base employment level” means the number of full-time
jobs an industry employs at the plant site which is covered by
an agreement under chapter 260E on the date of that agreement.
Sec. 75. Section 422.72, subsection 1, paragraph a,
subparagraph (1), Code 2021, is amended to read as follows:
(1) It is unlawful for the director, or any person having
an administrative duty under this chapter , or any present or
former officer or other employee of the state authorized by the
director to examine returns, to willfully or recklessly divulge
in any manner whatever , the business affairs, operations, or
information obtained by an investigation under this chapter
of records and equipment of any person visited or examined
in the discharge of official duty, or the amount or source
of income, profits, losses, expenditures or any particular
thereof, set forth or disclosed in any return , ; or to willfully
or recklessly permit any return or copy of a return or any book
containing any abstract or particulars thereof to be seen or
examined by any person except as provided by law.
Sec. 76. Section 455B.133B, subsection 5, paragraph d,
subparagraph (2), unnumbered paragraph 1, Code 2021, is amended
to read as follows:
Notwithstanding subparagraph (1), moneys in the air emission
fee account are also appropriated to the department to pay for
costs associated with implementing and administering regulatory
activities, including programs, provided for in division this
subchapter II of this chapter , other than costs covered by any
of the following:
Sec. 77. Section 455B.134, subsection 3, paragraph e,
subparagraph (1), unnumbered paragraph 1, Code 2021, is amended
to read as follows:
Notwithstanding any other provision of division this
subchapter II of this chapter or chapter 459, subchapter II ,
the following siting requirements shall apply to anaerobic
lagoons and earthen waste slurry storage basins:
Sec. 78. Section 455B.134, subsections 12 and 13, Code 2021,
are amended to read as follows:

House File 699, p. 27
12. Review and evaluate air pollution control programs
conducted by political subdivisions of the state with respect
to whether the programs are consistent with the provisions of
division this subchapter II of this chapter and chapter 459,
subchapter II , and rules adopted by the commission.
13. Hold public hearings, except when the evidence to
be received is confidential pursuant to section 455B.137 ,
necessary to accomplish the purposes of division this
subchapter II of this chapter and chapter 459, subchapter II .
The director may issue subpoenas requiring the attendance of
witnesses and the production of evidence pertinent to the
hearings. A subpoena shall be issued and enforced in the same
manner as in civil actions.
Sec. 79. Section 455B.138, subsection 1, Code 2021, is
amended to read as follows:
1. When the director has evidence that a violation of
any provision of division this subchapter II of this chapter
or chapter 459, subchapter II , or rule, standard, or permit
established or issued under division this subchapter II or
chapter 459, subchapter II , has occurred, the director shall
notify the alleged violator and, by informal negotiation,
attempt to resolve the problem. If the negotiations fail
to resolve the problem within a reasonable period of time,
the director shall issue an order directing the violator to
prevent, abate, or control the emissions or air pollution
involved. The order shall prescribe the date by which the
violation shall cease and may prescribe timetables for
necessary action to prevent, abate, or control the emissions of
air pollution. The order may be appealed to the commission.
The applicable time frames for the issuance and appeal of the
order are defined in section 455B.110 .
Sec. 80. Section 455B.140, Code 2021, is amended to read as
follows:
455B.140 Judicial review.
Judicial review of actions of the commission or of the
director may be sought in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A . Notwithstanding the
terms of said Act chapter 17A , petitions for judicial review
may be filed in the district court of the county in which the

House File 699, p. 28
alleged offense was committed.
Sec. 81. Section 455B.143, subsection 1, Code 2021, is
amended to read as follows:
1. The director shall promptly investigate the application
and approve or disapprove the application. The director
may grant a variance if the director finds that all of the
following :
a. The emissions occurring or proposed to occur do not
endanger or tend to endanger human health or safety or
property ; and .
b. Compliance with the rules or standards from which the
variance is sought will produce serious hardship without equal
or greater benefits to the public.
Sec. 82. Section 455B.145, Code 2021, is amended to read as
follows:
455B.145 Acceptance of local program.
When an air pollution control program conducted by a
political subdivision, or a combination of them, is deemed upon
review as provided in section 455B.134 , to be consistent with
the provisions of this division subchapter II or the rules
established under this division subchapter II , the director
shall accept such program in lieu of state administration and
regulation of air pollution within the political subdivisions
involved. This section shall not be construed to limit the
power of the director to issue state permits and to take
other actions consistent with this division subchapter II
or the rules established under this division subchapter
that the director deems necessary for the continued proper
administration of the air pollution programs within the
jurisdiction of the local air pollution program.
1. In evaluating an air pollution control program,
consideration shall be given to whether such program provides
for the following:
a. Ordinances, rules , and standards establishing
requirements consistent with, or more strict than, those
imposed by this division subchapter II or rules and standards
adopted by the department.
b. Enforcement of such requirements by appropriate
administrative and judicial process.

House File 699, p. 29
c. Administrative organization, staff, financial , and other
resources necessary to administer an efficient and effective
program.
d. Location of emission monitoring devices in areas of
the political subdivision in compliance with uniform state
standards adopted by the department. The department shall
adopt uniform state standards for the location of emission
monitoring devices specifying such intervals and such
procedures to provide a reasonably consistent measurement
of emissions from air contaminant sources regardless of the
political subdivision of the state in which the sources may be
located.
2. Upon acceptance of a local air pollution control program,
the director shall issue a certificate of acceptance to the
appropriate local agency.
a. Any political subdivision desiring a certificate of
acceptance shall apply to the department on forms prescribed by
the director.
b. The director shall promptly investigate the application
and approve or disapprove the application. The director may
conduct a public hearing before action is taken to approve or
disapprove. If the director disapproves issuing a certificate,
the political subdivision may appeal the action to the
department of inspections and appeals. At the hearing on
appeal, the department of inspections and appeals shall decide
whether the local program is substantially consistent with the
provisions of this division subchapter II , or rules adopted
thereunder, and whether the local program is being enforced.
The burden of proof shall be upon the political subdivision.
c. If the director determines at any time that a local air
pollution program is being conducted in a manner inconsistent
with the substantive provisions of this division subchapter
II or the rules adopted thereunder under this subchapter
II , the director shall notify the political subdivision,
citing the deviations from the acceptable standards and the
corrective measures to be completed within a reasonable amount
of time. If the corrective measures are not implemented as
prescribed, the director shall suspend in whole or in part the
certificate of acceptance of such political subdivision and

House File 699, p. 30
shall administer the regulatory provisions of said division
this subchapter II in whole or in part within the political
subdivision until the appropriate standards are met. Upon
receipt of evidence that necessary corrective action has been
taken, the director shall reinstate the suspended certificate
of acceptance, and the political subdivision shall resume the
administration of the local air pollution control program
within its jurisdiction. In cases where the certificate of
acceptance is suspended, the political subdivision may appeal
the suspension to the department of inspections and appeals.
d. Nothing in this division subchapter II shall be construed
to supersede the jurisdiction of any local air pollution
control program in operation on the first of January, 1973,
except that any such program shall meet all requirements of
said division this subchapter II .
Sec. 83. Section 455B.146, Code 2021, is amended to read as
follows:
455B.146 Civil action for compliance —— local program
actions.
If any order, permit, or rule of the department is being
violated, the attorney general shall, at the request of the
department or the director, institute a civil action in any
district court for injunctive relief to prevent any further
violation of the order, permit, or rule, or for the assessment
of a civil penalty as determined by the court, not to exceed
ten thousand dollars per day for each day such violation
continues, or both such injunctive relief and civil penalty.
Notwithstanding sections 331.302 and 331.307 , a city or county
which maintains air pollution control programs authorized by
certificate of acceptance under this division subchapter II may
provide civil penalties consistent with the amount established
for such penalties under this division subchapter II .
Sec. 84. Section 455B.146A, subsections 1 and 2, Code 2021,
are amended to read as follows:
1. A person who knowingly violates any provision of division
this subchapter II of this chapter , any permit, rule, standard,
or order issued under division this subchapter II of this
chapter , or any condition or limitation included in any permit
issued under division this subchapter II of this chapter ,

House File 699, p. 31
is guilty of an aggravated misdemeanor. A conviction for a
violation is punishable by a fine of not more than ten thousand
dollars for each day of violation or by imprisonment for not
more than two years, or both. If the conviction is for a
second or subsequent violation committed by a person under this
section , however, the conviction is punishable by a fine of not
more than twenty thousand dollars for each day of violation or
by imprisonment for not more than four years, or by both.
2. a. A person who knowingly makes any false statement,
representation, or certification of any application, record,
report, plan, or other document filed or required to be
maintained under division this subchapter II of this chapter ,
or by any permit, rule, standard, or order issued under
division this subchapter II of this chapter or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring
device or method required to be maintained under division
this subchapter II of this chapter , or by any permit, rule,
standard, or order issued under division this subchapter II
of this chapter , or who knowingly fails to notify or report
as required by division this subchapter II of this chapter or
by any permit, rule, standard, or order issued under division
this subchapter II of this chapter , or by any condition or
limitation included in any permit issued under division this
subchapter II of this chapter , is guilty of an aggravated
misdemeanor punishable by a fine of not more than ten thousand
dollars per day per violation or by imprisonment for not more
than one year, or by both. If the conviction is for a second
or subsequent violation committed by a person under this
paragraph, however, the conviction is punishable by a fine of
not more than twenty thousand dollars for each day of violation
or by imprisonment for not more than two years, or by both.
b. A person who knowingly fails to pay any fee owed the
state under any provision of division this subchapter II of
this chapter , or any permit, rule, standard, or order issued
under division this subchapter II of this chapter , is guilty of
an aggravated misdemeanor punishable by a fine of not more than
ten thousand dollars per day per violation or by imprisonment
for not more than six months, or by both. If the conviction
is for a second or subsequent violation under this paragraph,

House File 699, p. 32
however, the conviction is punishable by a fine of not more
than twenty thousand dollars for each day of violation or by
imprisonment for not more than one year, or by both.
Sec. 85. Section 455B.149, subsection 1, Code 2021, is
amended to read as follows:
1. Upon application by the owner or operator of a
fuel-burning stationary source, and after notice and
opportunity for public hearing, the commission may petition
the president, under section 110, subsection “f” , paragraph
1 , of the federal Clean Air Act as amended through January 1,
1991, for a determination that a national or regional energy
emergency exists. If the president determines an emergency
exists, the commission may suspend any requirement of this
division subchapter II or a rule or permit issued under this
division subchapter II . A temporary emergency suspension under
this subsection shall be issued only if there exists in the
vicinity of the source a temporary emergency involving high
levels of unemployment or loss of necessary energy supplies for
residential buildings and if the unemployment or loss can be
totally or partially alleviated by the suspension. Only one
suspension may be issued for a source on the basis of the same
set of circumstances or on the basis of the same emergency.
A suspension shall remain in effect for a maximum of four
months. The commission may include in a suspension a provision
directing the director to delay for a period identical to the
period of the suspension a compliance schedule or increment
of progress to which the source is subject under section
455B.138 , if the source is unable to comply with the schedule
or increment solely because of the conditions on the basis of
which the suspension was issued.
Sec. 86. Section 455B.171, subsections 28 and 36, Code 2021,
are amended to read as follows:
28. “Schedule of compliance” means a schedule of remedial
measures including an enforceable sequence of actions or
operations leading to compliance with any effluent standard,
water quality standard, or any other requirement of this part
1 of this division subchapter III or any rule promulgated
pursuant thereto to this subchapter .
36. “Sewer system” means pipelines or conduits, pumping

House File 699, p. 33
stations, force mains, vehicles, vessels, conveyances,
injection wells, and all other constructions, devices, and
appliances appurtenant thereto used for conducting sewage
or industrial waste or other wastes to a point of ultimate
disposal or disposal to any water of the state. To the extent
that they are not subject to section 402 of the federal Water
Pollution Control Act, ditches, pipes, and drains that serve
only to collect, channel, direct, and convey nonpoint runoff
from precipitation are not considered as sewer systems for the
purposes of this part 1 of this division subchapter III .
Sec. 87. Section 455B.173, subsection 2, paragraph b, Code
2021, is amended to read as follows:
b. If the federal environmental protection agency has
promulgated an effluent standard or pretreatment standard
pursuant to section 301, 306, or 307 of the federal Water
Pollution Control Act, a pretreatment or effluent standard
adopted pursuant to this section shall not be more stringent
than the federal effluent or pretreatment standard for such
source. This section may not preclude the establishment of
a more restrictive effluent limitation in the permit for a
particular point source if the more restrictive effluent
limitation is necessary to meet water quality standards, the
establishment of an effluent standard for a source or class of
sources for which the federal environmental protection agency
has not promulgated standards pursuant to section 301, 306,
or 307 of the federal Water Pollution Control Act. Except as
required by federal law or regulation, the commission shall not
adopt an effluent standard more stringent with respect to any
pollutant than is necessary to reduce the concentration of that
pollutant in the effluent to the level due to natural causes,
including the mineral and chemical characteristics of the land,
existing in the water of the state to which the effluent is
discharged. Notwithstanding any other provision of this part
1 of this division subchapter III or chapter 459, subchapter
III , any new source, the construction of which was commenced
after October 18, 1972, and which was constructed as to meet
all applicable standards of performance for the new source or
any more stringent effluent limitation required to meet water
quality standards, shall not be subject to any more stringent

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effluent limitations during a ten-year period beginning on the
date of completion of construction or during the period of
depreciation or amortization of the pollution control equipment
for the facility for the purposes of section 167 or 169 or both
sections of the Internal Revenue Code, whichever period ends
first.
Sec. 88. Section 455B.174, subsections 1 and 3, Code 2021,
are amended to read as follows:
1. Conduct investigations of alleged water pollution or of
alleged violations of this part 1 of this division subchapter
III , chapter 459, subchapter III , chapter 459A , chapter 459B ,
or any rule adopted or any permit issued pursuant thereto upon
written request of any state agency, political subdivision,
local board of health, twenty-five residents of the state,
as directed by the department, or as may be necessary to
accomplish the purposes of this part 1 of this division
subchapter III , chapter 459, subchapter III , chapter 459A , or
chapter 459B .
3. Take any action or actions allowed by law which, in
the director’s judgment, are necessary to enforce or secure
compliance with the provisions of this part 1 of this division
subchapter III or chapter 459, subchapter III , or of any rule
or standard established or permit issued pursuant thereto.
Sec. 89. Section 455B.174, subsection 4, paragraph a,
subparagraph (1), unnumbered paragraph 1, Code 2021, is amended
to read as follows:
Approve or disapprove the plans and specifications for
the construction of disposal systems or public water supply
systems except for those sewer extensions and water supply
distribution system extensions which are reviewed by a city
or county public works department as set forth in section
455B.183 . The director shall issue, revoke, suspend, modify,
or deny permits for the operation, installation, construction,
addition to, or modification of any disposal system or public
water supply system except for sewer extensions and water
supply distribution system extensions which are reviewed by a
city or county public works department as set forth in section
455B.183 . The director shall also issue, revoke, suspend,
modify, or deny permits for the discharge of any pollutant, or

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for the use or disposal of sewage sludge. The permits shall
contain conditions and schedules of compliance as necessary
to meet the requirements of this part 1 of this division
subchapter III or chapter 459, subchapter III , the federal
Water Pollution Control Act and the federal Safe Drinking
Water Act. A permit issued under this chapter for the use or
disposal of sewage sludge is in addition to and must contain
references to any other permits required under this chapter .
The director shall not issue or renew a permit to a disposal
system or a public water supply system which is not viable.
If the director has reasonable grounds to believe that a
disposal system or public water supply system is not viable,
the department may require the system to submit a business plan
as a means of determining viability. This plan shall include
the following components:
Sec. 90. Section 455B.174, subsection 5, paragraph a, Code
2021, is amended to read as follows:
a. Periodically review permits and reports submitted by city
and county public works departments in accordance with section
455B.183, subsection 3 , to ensure such public works departments
are complying with this part 1 of this division subchapter III .
If a city or county public works department is not complying
with section 455B.183 in reviewing plans and specifications
or in granting permits or both, the department shall perform
these functions in that jurisdiction until the city or county
public works department is able to perform them. Performance
of these functions in a jurisdiction by a local public works
department shall not be suspended or revoked until after notice
and opportunity for hearing as provided in chapter 17A .
Sec. 91. Section 455B.175, Code 2021, is amended to read as
follows:
455B.175 Violations.
1. If there is substantial evidence that any person has
violated or is violating any provision of , or any rule or
standard established or permit issued pursuant to, this part
1 of this division subsection III , chapter 459, subchapter
III , chapter 459A , or chapter 459B , or of any rule or standard
established or permit issued pursuant thereto; then one of the
following may apply :

House File 699, p. 36
a. The director may issue an order directing the person
to desist in the practice which constitutes the violation or
to take such corrective action as may be necessary to ensure
that the violation will cease. The person to whom such order
is issued may cause to be commenced a contested case within
the meaning of the Iowa administrative procedure Act, chapter
17A , by filing with the director a notice of appeal to the
commission. The applicable time frames for the issuance and
appeal of the order are defined in section 455B.110 . On appeal
the commission may affirm, modify, or vacate the order of the
director ; or .
b. If it is determined by the director that an emergency
exists respecting any matter affecting or likely to affect the
public health, the director may issue any order necessary to
terminate the emergency without notice and without hearing.
Any such order shall be binding and effective immediately and
until such order is modified or vacated at a hearing before the
commission or by a court ; or .
c. The director, with the approval of the commission, may
request the attorney general to institute legal proceedings
pursuant to section 455B.191 or 459.604 .
2. Notwithstanding the limitations on civil and criminal
penalty amounts in sections 331.302 and 331.307 , a county that
has entered into an agreement with the department pursuant to
sections 455B.174 and 455B.183 regarding the construction of
semipublic sewage disposal systems may assess civil penalties
in amounts consistent with and not exceeding the amounts
established for such penalties under this division subchapter
III .
Sec. 92. Section 455B.177, subsection 1, Code 2021, is
amended to read as follows:
1. The general assembly finds and declares that because
the federal Water Pollution Control Act provides for a permit
system to regulate the discharge of pollutants into the waters
of the United States and provides that permits may be issued
by states which are authorized to implement that Act, it is
in the interest of the people of Iowa to enact this part 1 of
this division subchapter III in order to authorize the state to
implement the federal Water Pollution Control Act, and federal

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regulations and guidelines issued pursuant to that Act.
Sec. 93. Section 455B.179, Code 2021, is amended to read as
follows:
455B.179 Trade secrets protected.
Upon a satisfactory showing by any person to the director
that public disclosure of any record, report, permit, permit
application, or other document or information or part thereof
would divulge methods or processes entitled to protection
as a trade secret, any such record, report, permit, permit
application, or other document or part thereof other than
effluent data and analytical results of monitoring of public
water supply systems, shall be accorded confidential treatment.
Notwithstanding the provisions of chapter 22 , a person in
connection with duties or employment by the department shall
not make public any information accorded confidential status;
however, any such record or other information accorded
confidential status may be disclosed or transmitted to other
officers, employees, or authorized representatives of this
state or the United States concerned with carrying out this
part 1 of this division subchapter III ; chapter 459, subchapter
III ; or chapter 459A ; or when relevant in any proceeding under
this part 1 of this division subchapter III ; chapter 459,
subchapter III ; or chapter 459A .
Sec. 94. Section 455B.182, Code 2021, is amended to read as
follows:
455B.182 Failure constitutes contempt.
Failure to obey any order issued by the department with
reference to a violation of this part 1 of this division
subchapter III ; chapter 459, subchapter III ; chapter 459A ;
chapter 459B ; or any rule promulgated or permit issued pursuant
thereto shall constitute prima facie evidence of contempt. In
such event the department may certify to the district court
of the county in which such alleged disobedience occurred
the fact of such failure. The district court after notice,
as prescribed by the court, to the parties in interest shall
then proceed to hear the matter and if it finds that the order
was lawful and reasonable, it shall order the party to comply
with the order. If the person fails to comply with the court
order, that person shall be guilty of contempt and shall be

House File 699, p. 38
fined not to exceed five hundred dollars for each day that the
person fails to comply with the court order. The penalties
provided in this section shall be considered as additional
to any penalty which may be imposed under the law relative
to nuisances or any other statute relating to the pollution
of any waters of the state or related to public water supply
systems and a conviction under this section shall not be a bar
to prosecution under any other penal statute.
Sec. 95. Section 455B.183A, subsection 1, Code 2021, is
amended to read as follows:
1. A water quality protection fund is created in the
state treasury under the control of the department. The fund
consists of moneys appropriated to the fund by the general
assembly, moneys deposited into the fund from fees described
in subsection 2 , moneys deposited into the fund from fees
collected pursuant to sections 455B.187 and 455B.190A , and
other moneys available to and obtained or accepted by the
department from the United States government or private sources
for placement in the fund. The fund is divided into the public
water supply system account and the private water supply system
account. Moneys in the public water supply system account are
appropriated to the department for purposes of carrying out
the provisions of this division subchapter III , which relate
to the administration, regulation, and enforcement of the
federal Safe Drinking Water Act, and to support the program to
assist supply systems, as provided in section 455B.183B . Moneys
in the private water supply system account are appropriated
to the department for the purpose of supporting the programs
established to protect private drinking water supplies
as provided in sections 455B.187 , 455B.188 , 455B.190 , and
455B.190A .
Sec. 96. Section 455B.183C, Code 2021, is amended to read
as follows:
455B.183C Personnel —— department of management.
Notwithstanding any limitation upon the department’s
number of full-time equivalent positions as defined in
section 8.36A , any point limitation on personnel, or any other
limitation upon the number of personnel or their employment
classification, imposed by the department of management, the

House File 699, p. 39
department may employ the number of full-time equivalent
positions which equals the number of positions allocated by the
general assembly to the department for each applicable fiscal
year in order to carry out the provisions of this division
subchapter III relating to the administration, regulation,
and enforcement of the federal Safe Drinking Water Act and
the program to assist supply systems, but only to the extent
that moneys used to support the positions derive from moneys
deposited in the water quality protection fund, as provided
in section 455B.183A . If a specific number of full-time
equivalent positions are not allocated by the general assembly,
the department may fill any number of positions required
to administer the program, to the extent the positions are
supported by the fund.
Sec. 97. Section 455B.191, subsections 2, 4, 5, and 6, Code
2021, are amended to read as follows:
2. Any person who violates any provision of this part 1
of division subchapter III of this chapter or any permit,
rule, standard, or order issued under this part 1 of division
subchapter III of this chapter shall be subject to a civil
penalty not to exceed five thousand dollars for each day of
such violation.
4. Any person who knowingly makes any false statement,
representation, or certification in any application, record,
report, plan or other document filed or required to be
maintained under this part 1 of division subchapter III of this
chapter , or who falsifies, tampers with , or knowingly renders
inaccurate any monitoring device or method required to be
maintained under this part 1 of division subchapter III of this
chapter or by any permit, rule, regulation, or order issued
under this part 1 of division subchapter III of this chapter ,
shall upon conviction be punished by a fine of not more than
ten thousand dollars or by imprisonment in the county jail for
not more than six months or by both such fine and imprisonment.
5. The attorney general shall, at the request of the
director with approval of the commission, institute any
legal proceedings, including an action for an injunction or
a temporary injunction, necessary to enforce the penalty
provisions of this part 1 of division subchapter III of this

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chapter or to obtain compliance with the provisions of this
part 1 of division subchapter III of this chapter or any rules
promulgated or any provision of any permit issued under this
part 1 of division subchapter III of this chapter . In any such
action, any previous findings of fact of the director or the
commission after notice and hearing shall be conclusive if
supported by substantial evidence in the record when the record
is viewed as a whole.
6. In all proceedings with respect to any alleged violation
of the provisions of this part 1 of division subchapter III or
any rule established by the commission or the department, the
burden of proof shall be upon the commission or the department
except in an action for contempt as provided in section
455B.182 .
Sec. 98. Section 455B.192, Code 2021, is amended to read as
follows:
455B.192 Local government —— penalties.
Notwithstanding sections 331.302 , 331.307 , 364.3 , and
364.22 , a city or county may assess a civil penalty for a
violation of this division subchapter III which is equal to the
amount the department has assessed for a violation under this
division subchapter III .
Sec. 99. Section 455B.219, subsection 8, Code 2021, is
amended to read as follows:
8. Willful or repeated violations of division this
subchapter III of this chapter .
Sec. 100. Section 455B.224, Code 2021, is amended to read
as follows:
455B.224 Simple misdemeanor.
Any person, including any firm, corporation, municipal
corporation, or other governmental subdivision or agency,
violating any provisions of this part 2 of division subchapter
III or the rules adopted thereunder under this part after
written notice thereof by the executive director is guilty of a
simple misdemeanor. Each day of operation in such violation
of said this part or any rules adopted thereunder under this
part shall constitute a separate offense. It shall be the duty
of the appropriate county attorney to secure injunctions of
continuing violations of any provisions of said this part or

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the rules adopted thereunder under this part .
Sec. 101. Section 455B.307, Code 2021, is amended to read
as follows:
455B.307 Dumping —— where prohibited —— penalty.
1. A private agency or public agency shall not dump or
deposit or permit the dumping or depositing of any solid waste
at any place other than a sanitary disposal project approved
by the director unless the agency has been granted a permit
by the department which allows the dumping or depositing
of solid waste on land owned or leased by the agency. The
department shall adopt rules regarding the permitting of this
activity which shall provide that the public interest is best
served, but which may be based upon criteria less stringent
than those regulating a public sanitary disposal project
provided that the rules adopted meet the groundwater protection
goal specified in section 455E.4 . The comprehensive plans
for these facilities may be varied in consideration of the
types of sanitary disposal practices, hydrologic and geologic
conditions, construction and operations characteristics, and
volumes and types of waste handled at the disposal site. The
director may issue temporary permits for dumping or disposal
of solid waste at disposal sites for which an application
for a permit to operate a sanitary disposal project has been
made and which have not met all of the requirements of part 1
of this division subchapter IV and the rules adopted by the
commission if a compliance schedule has been submitted by the
applicant specifying how and when the applicant will meet the
requirements for an operational sanitary disposal project and
the director determines the public interest will be best served
by granting such temporary permit.
2. The director may issue any order necessary to secure
compliance with or prevent a violation of the provisions of
this part 1 of division subchapter IV or the rules adopted
pursuant to the part. The attorney general shall, on request
of the department, institute any legal proceedings necessary
in obtaining compliance with an order of the commission or
the director or prosecuting any person for a violation of the
provisions of the part or rules issued pursuant to the this
part.

House File 699, p. 42
3. Any person who violates any provision of part 1 of this
division subchapter IV or any rule or any order adopted or
the conditions of any permit or order issued pursuant to part
1 of this division subchapter IV shall be subject to a civil
penalty, not to exceed five thousand dollars for each day of
such violation.
Sec. 102. Section 455B.307A, subsection 4, Code 2021, is
amended to read as follows:
4. This section shall not apply to the discarding of litter
regulated under chapter 455B, division subchapter IV, part 3,
and local littering ordinances.
Sec. 103. Section 455B.396, subsection 1, Code 2021, is
amended to read as follows:
1. Liability to the state under this part 4 or part 5 of
this division subchapter IV is a debt to the state. Liability
to a political subdivision under this part 4 of this division
subchapter IV is a debt to the political subdivision. The
debt, together with interest on the debt at the maximum
lawful rate of interest permitted pursuant to section 535.2,
subsection 3 , paragraph “a” , from the date costs and expenses
are incurred by the state or a political subdivision is a lien
on real property, except single and multifamily residential
property, on which the department incurs costs and expenses
creating a liability and owned by the persons liable under
this part 4 or part 5. To perfect the lien, a statement of
claim describing the property subject to the lien must be
filed within one hundred twenty days after the incurrence of
costs and expenses by the state or a political subdivision.
The statement shall be filed with, accepted by, and recorded
by the county recorder in the county in which the property
subject to the lien is located. The statement of claim may be
amended to include subsequent liabilities. To be effective,
the statement of claim shall be amended and filed within one
hundred twenty days after the occurrence of the event resulting
in the amendment.
Sec. 104. Section 455B.423, subsection 2, paragraph a,
subparagraph (3), Code 2021, is amended to read as follows:
(3) Emergency response activities as provided in part 4 of
this division subchapter IV .

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Sec. 105. Section 455B.477, subsection 7, Code 2021, is
amended to read as follows:
7. The civil penalties or other damages or moneys recovered
by the state or the petroleum underground storage tank fund
in connection with a petroleum underground storage tank under
this part 8 of this division subchapter IV or chapter 455G
shall be credited to the fund created in section 455G.3 and
allocated between fund accounts according to the fund budget.
Any federal moneys, including but not limited to federal
underground storage tank trust fund moneys, received by the
state or the department of natural resources in connection
with a release occurring on or after May 5, 1989, or received
generally for underground storage tank programs on or after
May 5, 1989, shall be credited to the fund created in section
455G.3 and allocated between fund accounts according to the
fund budget, unless such use would be contrary to federal
law. The department shall cooperate with the board of the
Iowa comprehensive petroleum underground storage tank fund to
maximize the state’s eligibility for and receipt of federal
funds for underground storage tank related purposes.
Sec. 106. Section 455B.751, unnumbered paragraph 1, Code
2021, is amended to read as follows:
As used in this division subchapter X , unless the context
otherwise requires:
Sec. 107. Section 455B.754, Code 2021, is amended to read
as follows:
455B.754 Legal responsibility.
This division subchapter X shall not be interpreted to
affect the legal responsibility to the state to conduct
response actions under any applicable state law. This division
subchapter X shall not be interpreted to affect or provide
immunity from any criminal liability.
Sec. 108. Section 455B.801, Code 2021, is amended to read
as follows:
455B.801 Short title.
This division subchapter XI shall be known and may be cited
as the “Mercury-Free Recycling Act” .
Sec. 109. Section 455B.802, unnumbered paragraph 1, Code
2021, is amended to read as follows:

House File 699, p. 44
As used in this division subchapter XI , unless the context
otherwise requires:
Sec. 110. Section 455B.803, subsection 2, paragraph b,
subparagraph (9), Code 2021, is amended to read as follows:
(9) The program shall not include inaccessible
mercury-added switches from end-of-life vehicles with
significant damage to the vehicle in the area surrounding the
mercury-added switch location. All accessible mercury-added
switches are expected to be collected under the provisions of
this division subchapter XI .
Sec. 111. Section 455B.803, subsection 2, paragraph e, Code
2021, is amended to read as follows:
e. On July 1, 2020, the commission shall cease enforcement
of the removal, collection, and recovery plans under this
section . On or before July 1, 2020, the commission shall
review the mercury-added switch removal, collection, and
recovery portion of this division subchapter XI and submit a
recommendation to the general assembly regarding the necessity
of continuing the enforcement of the removal, collection, and
recovery plans under this section .
Sec. 112. Section 455B.805, Code 2021, is amended to read
as follows:
455B.805 General compliance with other provisions.
Except as expressly provided in this division subchapter XI ,
compliance with this division subchapter XI shall not exempt a
person from compliance with any other law.
Sec. 113. Section 455B.806, Code 2021, is amended to read
as follows:
455B.806 Regulations.
The commission shall adopt rules pursuant to chapter 17A
as necessary to implement the provisions of this division
subchapter XI .
Sec. 114. Section 455B.807, subsection 2, Code 2021, is
amended to read as follows:
2. Publication of all required plans, information, reports,
and educational materials under this division subchapter XI
shall be through no less than two types of media available to
the general public. One medium must be available twenty-four
hours per day, seven days per week, and maintained with current

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information. Acceptable types of media include but are not
limited to internet sites, periodicals, journals, and other
publicly available media in the state.
Sec. 115. Section 458A.21, subsection 1, Code 2021, is
amended to read as follows:
1. The state, counties , and cities , and other political
subdivisions may lease publicly owned lands under their
respective jurisdictions for the purpose of oil or gas or
metallic minerals exploration and production. Any such leases
shall be entered into on behalf of the state by the executive
council, on behalf of a county by the board of supervisors,
on behalf of a city by the council , and on behalf of another
political subdivision by the governing body. The leases shall
be upon terms and conditions as agreed upon.
Sec. 116. Section 458A.25, Code 2021, is amended to read as
follows:
458A.25 Liens for labor or materials and of contractor and
subcontractor —— manner of perfecting liens —— enforcement of
liens.
Provisions of chapter 572 as to mechanic’s liens or labor
and materials furnished for improvements on real estate and
of contractors and subcontractors shall apply to labor and
materials furnished for gas or oil wells, or pipe lines , and
such . The liens shall not attach on the real estate, but shall
attach to the whole of the lease held, and upon the gas or oil
wells, buildings and appurtenances, and pipe lines for which
said labor or materials were furnished, and shall be perfected
and enforced as provided by said chapter 572 .
Sec. 117. Section 459.202, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2021, is amended to read as
follows:
The following table represents the minimum separation
distance in feet required between a confinement feeding
operation structure and a residence not owned by the owner of
the confinement feeding operation, or a commercial enterprise,
a bona fide religious institution, or an educational
institution:
Sec. 118. Section 459.202, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2021, is amended to read as

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follows:
The following table represents the minimum separation
distance in feet required between a confinement feeding
operation structure and a residence not owned by the owner of
the confinement feeding operation, or a commercial enterprise,
a bona fide religious institution, or an educational
institution:
Sec. 119. Section 459.304, subsection 3, paragraph c, Code
2021, is amended to read as follows:
c. In completing the master matrix, the board shall not
score criteria on a selective basis. The board must score all
criteria which is are part of the master matrix according to
the terms and conditions relating to construction as specified
in the application or commitments for manure management
that are to be incorporated into a manure management plan as
provided in section 459.312 .
Sec. 120. Section 462A.8, Code 2021, is amended to read as
follows:
462A.8 Transmittal of information.
When any request is duly made by an authorized official
or agency of the United States, any information compiled or
otherwise available to the commission under this chapter , such
information shall be transmitted to said that official or
agency.
Sec. 121. Section 481A.98, Code 2021, is amended to read as
follows:
481A.98 Reporting violations.
Each fur dealer shall report to the commission , the name of
any person , if known to the dealer, who attempts to sell any
skins or hides which appear to have been unlawfully taken , or
possessed by that person.
Sec. 122. Section 483A.1A, subsection 2, Code 2021, is
amended to read as follows:
2. “Commission” means the natural resource commission
created under section 455A.5 .
Sec. 123. Section 483A.24, subsection 7, Code 2021, is
amended to read as follows:
7. A license shall not be required of minor pupils of
the state school for the blind Iowa braille and sight saving

House File 699, p. 47
school , Iowa school for the deaf, or of minor residents of
other state institutions under the control of an administrator
of a division of the department of human services. In
addition, a person who is on active duty with the armed forces
of the United States, on authorized leave from a duty station
located outside of this state, and a resident of the state of
Iowa shall not be required to have a license to hunt or fish in
this state. The military person shall carry the person’s leave
papers and a copy of the person’s current earnings statement
showing a deduction for Iowa income taxes while hunting or
fishing. In lieu of carrying the person’s earnings statement,
the military person may also claim residency if the person is
registered to vote in this state. If a deer or wild turkey is
taken, the military person shall immediately contact a state
conservation officer to obtain an appropriate tag to transport
the animal. A license shall not be required of residents
of county care facilities or any person who is receiving
supplementary assistance under chapter 249 .
Sec. 124. Section 508.36, subsection 6, paragraph b,
subparagraph (1), subparagraph division (a), Code 2021, is
amended to read as follows:
(a) For life insurance,
W
I equals .03 + W(R1 – .03) + 2 (W/2) x (R2 – .09),
where R1 is the lesser of R and .09, R2 is the greater of R and
.09, R is the reference interest rate defined in paragraph “d”
of this subsection , and W is the weighting factor defined in
paragraph “c” of this subsection .
Sec. 125. Section 509.2, unnumbered paragraph 1, Code 2021,
is amended to read as follows:
No policy of group life insurance shall be delivered in this
state unless it contains in substance the following provisions,
or provisions which in the opinion of the commissioner are more
favorable to the persons insured or at least as favorable to
the persons insured, and more favorable to the policyholder,
provided, however, that provisions of subsections 6 to through
10 , inclusive, of this section shall not apply to policies
issued to a creditor to insure debtors of such creditor;
that the standard provisions required for individual life

House File 699, p. 48
insurance policies shall not apply to group life insurance
policies; and that if the group life insurance policy is on a
plan of insurance other than the term plan, it shall contain
a nonforfeiture provision or provisions which in the opinion
of the commissioner is or are equitable to the insured persons
and to the policyholder, but nothing herein shall be construed
to require that group life insurance policies contain the same
nonforfeiture provisions as are required for individual life
insurance policies:
Sec. 126. Section 509.2, subsection 7, Code 2021, is amended
to read as follows:
7. A provision that the insurer will issue to the
policyholder for delivery to each person insured an individual
certificate setting forth a statement as to the insurance
protection to which the person is entitled, to whom the
insurance benefits are payable, and the rights and conditions
set forth in subsections 8 to through 10 , inclusive, following
if applicable.
Sec. 127. Section 515.4, Code 2021, is amended to read as
follows:
515.4 Name.
If the commissioner of insurance finds the name of the
company to be so similar to one already appropriated by a
corporation of the same character as to be likely to mislead
the public or to cause inconvenience, the commissioner shall
refuse the commissioner’s certificate to its the company’s
articles on that ground.
Sec. 128. Section 515D.6, Code 2021, is amended to read as
follows:
515D.6 Prohibited reasons.
1. No An insurer shall not refuse to renew a policy
solely because of age, residence, sex, race, color, creed, or
occupation of an insured.
2. No An insurer shall not require a physical examination of
a policyholder as a condition for renewal solely on the basis
of age or other arbitrary reason. In the event that an insurer
requires a physical examination of a policyholder, the burden
of proof in establishing reasonable and sufficient grounds
for such the requirement shall rest with the insurer and the

House File 699, p. 49
expenses incident to such the examination shall be borne by the
insurer.
Sec. 129. Section 518B.5, Code 2021, is amended to read as
follows:
518B.5 Warrants issued —— overage fund.
1. The secretary shall be reimbursed up to the amount
requested by warrants issued against the fund by the director
of the department of administrative services upon vouchers
approved by the director of the department of administrative
services and the commissioner. If the assessment produces a
fund greater than the amount requested by the secretary, the
overage shall be placed in a special fund in the office of the
treasurer of state under the control of the commissioner and
the director of the department of administrative services and
shall be applied to any subsequent requests by the secretary
for reimbursement of losses paid on lines of insurance
reinsured by the secretary in this state in accordance with the
Act.
2. In the event that the provisions of this chapter and the
assessments made thereunder under this chapter are no longer
needed in order to effectuate the program for which they were
intended, the amounts remaining in the special fund shall inure
to the general fund of the state.
Sec. 130. Section 521A.2, subsection 1, paragraph l, Code
2021, is amended to read as follows:
l. Owning a corporation or corporations engaged or organized
to engage exclusively in one or more of the businesses
specified in paragraphs “a” to through “k” inclusive .
Sec. 131. Section 523C.9, subsection 3, Code 2021, is
amended to read as follows:
3. The service company has without just cause refused to
perform or negligently or incompetently performed services
required to be performed under its service contracts and the
refusal, or negligent or incompetent performance , has occurred
with such frequency, as determined by the commissioner, as to
indicate the general business practices of the service company.
Sec. 132. Section 537.1201, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2021, is amended to read as
follows:

House File 699, p. 50
A transaction, or acts, practices, or conduct with respect
to a transaction, if the transaction is entered into in this
state, except that a transaction involving other than open-end
credit or acts, practices, or conduct with respect to such a
transaction shall not subject any person to damages or penalty
under article 5 of this chapter , or administrative enforcement
under article 6, part 1 . :
Sec. 133. Section 543C.1, subsection 1, Code 2021, is
amended to read as follows:
1. “Advertisement” means the attempt by , dissemination,
solicitation, or circulation to induce directly or indirectly
induce any person to enter into any obligation or acquire any
title or interest in land offered for sale or lease , to the
public in this state.
Sec. 134. Section 551.6, Code 2021, is amended to read as
follows:
551.6 Enforcement.
It shall be the duty of the county attorneys, in their
counties, and the attorney general, to enforce the provisions
of sections 551.1 to , 551.2, 551.4, and 551.5, inclusive, by
appropriate actions in courts of competent jurisdiction.
Sec. 135. Section 556E.6, Code 2021, is amended to read as
follows:
556E.6 Tests for articles.
In any test for the ascertainment of the fineness of any
such article mentioned in this and sections 556E.3 to through
556E.5 , inclusive , according to the foregoing standards, the
part of the article taken for the test shall be such portion
as does not contain or have attached thereto any solder or
alloy of inferior metal used for brazing or uniting the parts
of such article, and provided further and in addition to the
foregoing test and standards, that the actual fineness of the
entire quantity of metal purporting to be silver contained in
any article mentioned in sections 556E.3 to through 556E.5 ,
inclusive , including all solder or alloy of inferior fineness
used for brazing or uniting the parts of any such article,
all such silver, alloy, or solder being assayed as one piece,
shall not be less by more than ten one-thousandths parts than
the fineness indicated according to the foregoing standards,

House File 699, p. 51
by the mark stamped, branded, engraved, or imprinted upon such
article, or upon any tag, card, or label attached thereto, or
upon any container in which said article is enclosed.
Sec. 136. Section 557C.2, Code 2021, is amended to read as
follows:
557C.2 Definitions.
As used in this chapter , unless the context otherwise
requires , “book” , :
1. “Book” , “list” , “record” , or “schedule” kept by a county
auditor, assessor, treasurer, recorder, sheriff, or other
county officer means the county system as defined in section
445.1 .
2. A “mineral “Mineral interest in coal” means an interest
created by an instrument which creates or transfers either
by grant, assignment, reservation, or otherwise, an interest
of any kind in coal, as described in chapter 207 , without
limitation on the manner of mining the coal.
Sec. 137. Section 573.6, Code 2021, is amended to read as
follows:
573.6 Subcontractors on public improvements.
The following provisions shall be held to be a part of
every bond given for the performance of a contract for the
construction of a public improvement, whether said provisions
be inserted in such bond or not, to wit:
1. [1] The principal and sureties on this bond hereby agree
to pay to all persons, firms, or corporations having contracts
directly with the principal or with subcontractors, all just
claims due them for labor performed or materials furnished, in
the performance of the contract on account of which this bond
is given, when the same are not satisfied out of the portion
of the contract price which the public corporation is required
to retain until completion of the public improvement, but the
principal and sureties shall not be liable to said persons,
firms, or corporations unless the claims of said claimants
against said portion of the contract price shall have been
established as provided by law.
2. [2] Every surety on this bond shall be deemed and
held, any contract to the contrary notwithstanding, to consent
without notice:

House File 699, p. 52
a. [a] To any extension of time to the contractor in which
to perform the contract.
b. [b] To any change in the plans, specifications, or
contract, when such change does not involve an increase of more
than twenty percent of the total contract price, and shall then
be released only as to such excess increase.
c. [c] That no provision of this bond or of any other
contract shall be valid which limits to less than one year from
the time of the acceptance of the work the right to sue on this
bond for defects in the quality of the work or material not
discovered or known to the obligee at the time such work was
accepted.
Sec. 138. Section 588.1, Code 2021, is amended to read as
follows:
588.1 Failure to make proper entries.
All execution sales heretofore had wherein the execution
officer has failed to endorse on the execution the day and hour
when received, the levy, sale, or other act done by virtue
thereof, with the date thereof, the dates and amounts of any
receipts or payment in satisfaction thereof at the time of the
receipt or act done, or has failed to endorse thereon, an exact
description of the property levied upon at length with the date
of levy, be and the same are hereby legalized and declared
to be legal and valid as if all of the provisions of laws as
required by sections 11664 to through 11668.1 [Code 1939], both
inclusive , Code 1939 , had been in all respects strictly and
fully complied with.
Sec. 139. Section 590.1, Code 2021, is amended to read as
follows:
590.1 Notice of appointment of executors.
1. In all instances prior to January 1, 1964, where
executors or administrators have failed to publish notice of
their appointment as required by section 3304, Code of 1897,
and section 11890, Codes of 1924 to through 1939, inclusive,
and section 633.46, Codes 1946 to through 1962, inclusive,
but have published a notice of appointment, such notice of
appointment is hereby legalized and shall have the same force
and effect as though the same had been published as directed
by the court or clerk.

House File 699, p. 53
2. In all instances where more than five years have passed
since the appointment of a personal representative or probate
of a will without administration, where administrators have
failed to publish notice of their appointment as required by
section 633.230 , and executors have failed to publish a notice
of admission of the will to probate and their appointment as
required by sections 633.304 and 633.305 , but have published
a notice of appointment or notice of admission of the will to
probate and of the appointment of the executor, such notice of
appointment or notice of admission of the will to probate and
of the appointment of the executor, is hereby legalized and
shall have the same force and effect as though the same had
been published as required.
Sec. 140. Section 592.4, Code 2021, is amended to read as
follows:
592.4 Making and recording plats.
The acts of the county auditors of Iowa, in making and
recording plats as authorized under sections 922, 923 , and
924 of the Code , of 1897, and sections 6289 to through 6299 ,
inclusive, of subsequent Codes to and including the Code , of
1939, without first having properly signed or acknowledged the
same, and the acts of the county recorders of Iowa in recording
such plats, are hereby legalized and the same declared valid
and binding the same as though they had in such respects been
made and recorded in strict compliance with law.
Sec. 141. Section 602.8108, subsection 7, paragraph b,
unnumbered paragraph 1, Code 2021, is amended to read as
follows:
The moneys in the fund shall be used to enhance the ability
of the judicial branch to process cases more quickly and
efficiently, to electronically transmit information to state
government, local governments, law enforcement agencies, and
the public, and to improve public access to the court system.
The moneys in the collection fund may also be used for any of
the following:
Sec. 142. Section 621.4, Code 2021, is amended to read as
follows:
621.4 Dismissal for failure to furnish.
An action in which a bond for costs is required by sections

House File 699, p. 54
621.1 to through 621.3 , inclusive, shall be dismissed, if a
bond is not given in such time as the court allows.
Sec. 143. Section 621.5, Code 2021, is amended to read as
follows:
621.5 Becoming nonresident.
If the plaintiff or any intervenor in an action, after its
institution and at any time before its final determination,
becomes a nonresident of this state, the plaintiff or
intervenor may be required to give security for costs in the
manner provided in sections 621.1 to through 621.4 , inclusive .
Sec. 144. Section 622.10, subsection 3, paragraph e, Code
2021, is amended to read as follows:
e. Defendant’s counsel shall provide a written notice to
plaintiff’s attorney in a manner consistent with the Iowa
rules of civil procedure providing for notice of deposition at
least ten days prior to any meeting with plaintiff’s physician
or surgeon, physician assistant, advanced registered nurse
practitioner, or mental health professional. Plaintiff’s
attorney has the right to be present at all such meetings, or
participate in telephonic communication with the physician
or surgeon, physician assistant, advanced registered nurse
practitioner, or mental health professional and the attorney
for the defendant. Prior to scheduling any meeting or engaging
in any communication with the physician or surgeon, physician
assistant, advanced registered nurse practitioner, or mental
health professional, the attorney for the defendant shall
confer with plaintiff’s attorney to determine a mutually
convenient date and time for such meeting or telephonic
communication. Plaintiff’s attorney may seek a protective
order structuring all communication by making application to
the court at any time.
Sec. 145. Section 633.402, Code 2021, is amended to read as
follows:
633.402 Sale defined.
For purposes of this part , sale of property includes but is
not limited to the granting of an easement, the granting of an
option, the granting of a right of refusal , and the granting
or conveyance of any other interest, title, or right regarding
property.

House File 699, p. 55
Sec. 146. Section 633.563, subsection 1, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
At or before a hearing on a petition for the appointment of
a guardian or conservator or the modification or termination
of a guardianship or conservatorship, the court shall order a
professional evaluation of the respondent unless one of the
following criteria are is met:
Sec. 147. Section 802.9, Code 2021, is amended to read as
follows:
802.9 Indictment or information where a defect is found.
If a defect, error, or irregularity is discovered in any
indictment or information which, on motion of either party,
causes same the indictment or information to be dismissed or
the prosecution to be set aside or reversed on appeal, a new
indictment or information may be found within thirty days after
such action notwithstanding the time limitations enumerated in
this chapter .
Sec. 148. 2020 Iowa Acts, chapter 1102, section 16, is
amended to read as follows:
SEC. 16. Section 270.1 , Code 2020, is amended to read as
follows:
270.1 Superintendent.
The superintendent of the Iowa school for the deaf shall
be a trained and experienced educator of the deaf and hard of
hearing. The superintendent’s salary may include residence in
the institution, but no such allowance shall be made except by
express contract in advance.
Sec. 149. 2020 Iowa Acts, chapter 1108, section 2, is
amended to read as follows:
SEC. 2. Section 256.16, subsection 1 , paragraph c, Code
2020, is amended to read as follows:
c. Include in the professional education program,
preparation that contributes to the education of students
with disabilities and students who are gifted and talented,
preparation in developing and implementing individualized
education programs and behavioral intervention plans,
preparation for educating individuals in the least restrictive
environment and identifying that environment, and strategies
that address difficult and violent student behavior and

House File 699, p. 56
improve academic engagement and achievement, and preparation in
classroom management addressing high-risk behaviors including
but not limited to behaviors related to substance abuse.
Preparation required under this paragraph must be successfully
completed before graduation from the practitioner preparation
program.
DIVISION II
CODE EDITOR DIRECTIVES
Sec. 150. CODE EDITOR DIRECTIVES.
1. a. The Code editor shall change Arabic numeral
subchapter designations to Roman numeral subchapter
designations in the following Code chapters:
(1) Chapter 190C.
(2) Chapter 216A.
(3) Chapter 455H.
(4) Chapter 554D.
(5) Chapter 637.
b. In addition to making changes throughout the 2021 version
of the Iowa Code, the Code editor is directed to make changes
in any Code sections amended or enacted by any other Act to
correspond with the changes made in this section of this Act
if there appears to be no doubt as to the proper method of
making the changes and the changes would not be contrary to or
inconsistent with the purposes of this Act or any other Act.
2. a. The Code editor is directed to make the following
transfers:
(1) Section 232.152 to section 232.7A.
(2) Section 232.153 to section 232.7B.
b. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may change chapter division designations
to subchapter designations and correct internal reference as
necessary in and to chapter 455B.
4. Sections 101.10, 455B.135, 455B.137, 455B.142, 455B.185,
455B.223, 455B.336, 455B.339, 455B.340, 455B.382, 455H.102,
and 459A.501, Code 2021, are amended by striking the word
“division” and inserting in lieu thereof the word “subchapter”.

House File 699, p. 57
5. Sections 172D.3, subsection 2, paragraph “b”, unnumbered
paragraph 1; 172D.3, subsection 2, paragraph “c”, unnumbered
paragraph 1; 172D.3, subsection 2, paragraph “c”, subparagraphs
(1), (2), (3), and (4); 455B.103, subsection 4, paragraph “d”;
455B.103A, subsection 5; 455B.104, subsection 1; 455B.131,
unnumbered paragraph 1; 455B.134, subsection 2; 455B.171,
unnumbered paragraph 1; 455B.211, unnumbered paragraph
1; 455B.261, unnumbered paragraph 1; 455B.301, unnumbered
paragraph 1; 455B.303, subsection 1; 455B.304, subsection 1;
455B.331, unnumbered paragraph 1; 455B.335, subsections 1 and
3; 455B.337, subsection 2; 455B.361, unnumbered paragraph 1;
455B.362, subsection 2; 455B.381, unnumbered paragraph 1;
455B.381, subsection 4; 455B.384, subsection 2; 455B.390,
unnumbered paragraph 1; 455B.390, subsection 2; 455B.391,
subsection 1; 455D.4A, subsection 2, unnumbered paragraph
1; 455D.4A, subsections 3 and 4; 455E.11, subsection 2,
paragraph “d”, subparagraph (2); 455H.107, subsection 3,
paragraph “a”; 455H.204, subsection 6; 456.14, subsection 2,
unnumbered paragraph 1; 459.601, subsection 2, paragraph “a”;
and 459A.401, subsection 3, Code 2021, are amended by striking
the word “division” and inserting in lieu thereof the word
“subchapter”.
6. The Code editor may number unnumbered paragraphs within
sections 28A.17, 28I.1, 28K.4, 64.15, 80D.6, 87.19, 90A.8,
103A.2, 135J.2, 136B.4, 148B.1, 162.19, 165.28, 232A.2, 238.12,
252F.2, 256A.5, 262A.5, 262A.9, 263A.7, 285.4, 285.14, 299.10,
306C.21, 316.14, 323.5, 323.11, 327C.19, 341A.3, 341A.4,
341A.5, 341A.8, 347B.9, 389.4, 425A.8, 426.6, 450B.6, 465B.1,
481B.3, 481B.4, 484A.4, 492.6, 493.12, 496B.13, 497.22, 497.35,
498.19, 498.24, 498.37, 507D.2, 507D.5, 510.12, 510.21, 513A.6,
515A.15, 516A.1, 516A.3, 516B.2, 517A.1, 518.29, 518A.44,
518A.54, 518C.16, 521G.8, 527.10, 538A.11, 552.4, 552.17,
553.14, 570.4, 589.27, 591.16, 591.17, 610.1, 611.2, 617.9,
618.14, 625.22, 645.2, 647.1, 647.2, 654B.11, 679B.14, 681.11,
714A.4, 714D.1, 819.3, 819.4, 904.109, and 914.7, Code 2021,
in accordance with established section hierarchy and correct
internal references in the Code and in any enacted Iowa Acts,
as necessary.

House File 699, p. 58
DIVISION III
APPLICABILITY PROVISIONS
Sec. 151. RETROACTIVE APPLICABILITY. The following applies
retroactively to July 1, 2020:
The section of this Act amending 2020 Iowa Acts, chapter
1102, section 16.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 699, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2021 ______________________________
KIM REYNOLDS
Governor