Bill Text: IA SF364 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective date and retroactive applicability provisions.(Formerly SSB 1153.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2023-04-19 - Withdrawn. S.J. 882. [SF364 Detail]

Download: Iowa-2023-SF364-Introduced.html

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Senate File 364 - Introduced
SENATE FILE 364
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1153)
A BILL FOR
An Act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and
including effective date and retroactive applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 9C.9, Code 2023, is amended to read as
follows:
9C.9 Penalty.
Any merchant, whether an individual person, a firm,
corporation, partnership , or association , violating any of
the provisions of this chapter shall be guilty of a simple
misdemeanor. Each sale made in violation of the provisions
hereof of this chapter shall be and constitute a separate
offense.
Sec. 2. Section 9G.4, Code 2023, is amended to read as
follows:
9G.4 Land office —— how kept —— certified copies.
The land office shall be kept open during business hours.
The documents and records therein in the land office shall be
subject to inspection by parties having an interest therein,
and certified in the documents and records. Certified copies
thereof of a document or record in the land office , signed
by the secretary, with the seal of office attached, shall be
deemed presumptive evidence of the facts to which they relate ,
and on . Upon request they , certified copies of documents or
records shall be furnished by the secretary for a reasonable
compensation fee .
Sec. 3. Section 15E.305, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The maximum amount of tax credits granted to a taxpayer
shall not exceed one hundred thousand dollars of the aggregate
amount of tax credits authorized .
Sec. 4. Section 15F.403, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Moneys in the fund are appropriated to the authority for
purposes of providing financial assistance to cities, counties,
and public entities under the sports tourism marketing and
infrastructure program established and administered pursuant
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to this subchapter .
Sec. 5. Section 24.30, Code 2023, is amended to read as
follows:
24.30 Review by and powers of board.
It shall be the duty of the state board to review and finally
pass upon all proposed budget expenditures, tax levies , and
tax assessments from which appeal is taken and it . The state
board shall have power and authority to approve, disapprove,
or reduce all such proposed budgets, expenditures, and tax
levies so submitted to it upon appeal, as herein provided in
this chapter ; but in no event may it increase such budget,
expenditure, tax levies or assessments or any item contained
therein. Said The state board shall have authority to adopt
rules not inconsistent with the provisions of this chapter ,
to employ necessary assistants, authorize such expenditures,
require such reports, make such investigations, and take
such other action as it deems necessary to promptly hear and
determine all such appeals; provided, however, that all persons
so employed shall be selected from persons then regularly
employed in some one of the offices of the members of said the
state board.
Sec. 6. Section 27A.1, Code 2023, is amended by adding the
following new unnumbered paragraph before subsection 1:
NEW UNNUMBERED PARAGRAPH . As used in this chapter:
Sec. 7. Section 29C.6, subsection 3, Code 2023, is amended
to read as follows:
3. When the president of the United States has declared a
major disaster to exist in the state and upon the governor’s
determination that a local government of the state will suffer
a substantial loss of tax and other revenues from a major
disaster and has demonstrated a need for financial assistance
to perform its governmental functions, apply to the federal
government, on behalf of the local government for a loan,
receive and disburse the proceeds of any approved loan to
any applicant local government, determine the amount needed
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by any applicant local government to restore or resume its
governmental functions, and certify the same to the federal
government; however, no application amount shall exceed
twenty-five percent of the annual operating budget of the
applicant for the fiscal year in which the major disaster
occurs. The governor may recommend to the federal government,
based upon the governor’s review, the cancellation of all or
any part or of repayment when, in the first three full fiscal
year period following the major disaster, the revenues of
the local government are insufficient to meet its operating
expenses, including additional disaster-related expenses of a
municipal operation character.
Sec. 8. Section 34A.8, subsection 2, paragraph b, Code 2023,
is amended to read as follows:
b. The director, program manager, joint 911 service board,
local emergency management commission established pursuant
to section 29C.9 , the designated next generation 911 network
service provider, and the public safety answering point, and
their agents, employees, and assigns shall use local exchange
service information provided by the local exchange service
provider solely for the purposes of providing 911 emergency
telephone service or providing related mass notification and
emergency messaging services as described in section 29C.17A
utilizing only the subscriber’s information, and local exchange
service information shall otherwise be kept confidential. A
person who violates this section paragraph is guilty of a
simple misdemeanor.
Sec. 9. Section 41.1, subsection 52, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The fifty-second representative district in Marshall county
shall consist of:
Sec. 10. Section 43.2, subsection 1, paragraph b, Code 2023,
is amended to read as follows:
b. “Political party” shall mean a party which, at the
last preceding general election, cast for its candidate for
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president of the United States or for governor, as the case
may be, at least two percent of the total vote cast for all
candidates for that office at that election. It shall be the
responsibility of the state commissioner to determine whether
any organization claiming to be a political party qualifies as
such under the foregoing definition this paragraph .
Sec. 11. Section 43.50, Code 2023, is amended to read as
follows:
43.50 Signing and filing of abstract.
The members of the board shall sign said abstracts and
certify to the correctness thereof of the abstracts made
under section 43.49 , and file the same abstracts with the
commissioner.
Sec. 12. Section 43.60, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The county board of supervisors shall also make a separate
abstract of the canvass as to the following offices and certify
to the same and forthwith forward it the abstract to the state
commissioner , viz. :
Sec. 13. Section 85.18, Code 2023, is amended to read as
follows:
85.18 Contract to relieve not operative.
No A contract, rule, or device whatsoever shall not operate
to relieve the employer, in whole or in part, from any
liability created by this chapter except as herein provided in
this chapter . This section does not create a private cause of
action.
Sec. 14. Section 85.38, subsection 1, Code 2023, is amended
to read as follows:
1. Contributions or donations. The compensation herein
provided in this chapter shall be the measure of liability
which the employer has assumed for injuries or death that may
occur to employees in the employer’s employment subject to the
provisions of this chapter , and it shall not be in anywise
reduced by contribution from employees or donations from any
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source.
Sec. 15. Section 85.42, subsection 2, Code 2023, is amended
to read as follows:
2. A child or children under eighteen years of age, and
over said age if physically or mentally incapacitated from
earning, whether actually dependent for support or not upon the
parent at the time of the parent’s death. An adopted child or
children shall be regarded the same as issue of the body. A
child The terms “child” or children “children” , as used herein
in this subsection , shall also include any child or children
conceived but not born at the time of the employee’s injury,
and any compensation payable on account of any such child
or children shall be paid from the date of their birth. A
stepchild or stepchildren shall be regarded the same as issue
of the body only when the stepparent has actually provided the
principal support for such child or children.
Sec. 16. Section 85.64, Code 2023, is amended to read as
follows:
85.64 Limitation of benefits.
1. If an employee who has previously lost, or lost the
use of, one hand, one arm, one foot, one leg, or one eye,
becomes permanently disabled by a compensable injury which has
resulted in the loss of or loss of use of another such member
or organ, the employer shall be liable only for the degree of
disability which would have resulted from the latter injury
if there had been no preexisting disability. In addition to
such compensation, and after the expiration of the full period
provided by law for the payments thereof of compensation by
the employer, the employee shall be paid out of the “Second
Injury Fund” second injury fund created by this subchapter the
remainder of such compensation as would be payable for the
degree of permanent disability involved after first deducting
from such the remainder the compensable value of the previously
lost member or organ.
2. Any benefits received by any such employee, or to which
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the employee may be entitled, by reason of such increased
disability from any state or federal fund or agency, to which
said the employee has not directly contributed, shall be
regarded as a credit to any award made against said the second
injury fund as aforesaid .
Sec. 17. Section 85A.2, Code 2023, is amended to read as
follows:
85A.2 Employers included.
All employers as defined by the workers’ compensation law
of Iowa and who are engaged in any business or industrial
process hereinafter designated and described in this chapter
are employers within the provisions of this chapter and shall
be subject thereto to this chapter .
Sec. 18. Section 89.4, subsection 1, paragraph d, Code 2023,
is amended to read as follows:
d. Steam heating boilers and unfired steam pressure vessels
associated therewith with steam heating boilers and mobile
power boilers used exclusively for agricultural purposes.
Sec. 19. Section 89.12, Code 2023, is amended to read as
follows:
89.12 Hearing —— notice —— decree.
The commissioner shall notify in writing the owner or user of
the equipment of the time and place of hearing of the petition
as fixed by the court or judge, and shall serve the notice
on the defendant at least five days prior to the hearing in
the same manner as original notices are served. The general
provisions relating to civil practice and procedure as may be
applicable, shall govern the proceedings, except as herein
modified in this chapter . In the event the defendant does not
appear or plead to the action, default shall be entered against
the defendant. The action shall be tried in equity, and the
court or judge shall make such order or decree as the evidence
warrants.
Sec. 20. Section 96.2, Code 2023, is amended to read as
follows:
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96.2 Guide for interpretation.
As a guide to the interpretation and application of this
chapter , the public policy of this state is declared to be as
follows: Economic insecurity due to unemployment negatively
impacts the health, morals, and welfare of the people of Iowa.
These undesirable consequences can be reduced by encouraging
employers to provide more stable employment and by the
systematic accumulation of funds during periods of employment
to provide benefits for periods of unemployment. This chapter
provides for payment of benefits to workers unemployed through
no fault of their own. The policy herein in this chapter is
intended to encourage stabilization in employment, to provide
for integrated employment and training services in support of
state economic development programs, and to provide meaningful
job training and employment opportunities for the unemployed,
underemployed, economically disadvantaged, dislocated workers,
and others with substantial barriers to employment. To
further this public policy, the state, through its department
of workforce development, will maintain close coordination
among all federal, state, and local agencies whose missions
affect the employment or employability of the unemployed and
underemployed.
Sec. 21. Section 96.5, subsection 7, paragraph a, Code 2023,
is amended to read as follows:
a. When an employer makes a payment or becomes obligated
to make a payment to an individual for vacation pay, or for
vacation pay allowance, or as pay in lieu of vacation, such
payment or amount shall be deemed wages as defined in section
96.1A, subsection 40 , and shall be applied as provided in
paragraph “c” hereof of this subsection 7 .
Sec. 22. Section 97B.42, subsection 5, Code 2023, is amended
to read as follows:
5. Nothing herein contained in this chapter shall
be construed to permit any employer to make any public
contributions or payments on behalf of an employee in the same
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position for the same period of time to both the Iowa public
employees’ retirement system and any other retirement system
in the state which is supported in whole or in part by public
contributions or payments.
Sec. 23. Section 100.33, Code 2023, is amended to read as
follows:
100.33 Annual report.
The state fire marshal shall file with the governor
annually, at the time provided by law, a detailed report of the
fire marshal’s official acts and of the affairs of the fire
marshal’s office which . The report shall be published and
distributed in the same manner as the reports of other state
officers.
Sec. 24. Section 123.32, subsection 7, Code 2023, is amended
to read as follows:
7. Appeal to administrator. An applicant for a retail
alcohol license may appeal from the local authority’s
disapproval of an application for a license or permit to the
administrator. In the appeal the applicant shall be allowed
the opportunity to demonstrate in an evidentiary hearing
conducted pursuant to chapter 17A that the applicant complies
with all of the requirements for holding the license or permit .
The administrator may appoint a member of the division or may
request an administrative law judge from the department of
inspections and appeals to conduct the evidentiary hearing
and to render a proposed decision to approve or disapprove
the issuance of the license or permit . The administrator may
affirm, reverse, or modify the proposed decision. If the
administrator determines that the applicant complies with
all of the requirements for holding a license or permit , the
administrator shall order the issuance of the license or
permit . If the administrator determines that the applicant
does not comply with the requirements for holding a license or
permit , the administrator shall disapprove the issuance of the
license or permit .
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Sec. 25. Section 123.34, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. The fee for the five-day retail alcohol license is
one-eighth of the annual fee for that class of license or
permit .
Sec. 26. Section 123.39, subsection 3, Code 2023, is amended
to read as follows:
3. When a retail alcohol license is suspended after a
hearing as a result of violations of this chapter by the
licensee or the licensee’s agents or employees, the premises
which were licensed by the license shall not be relicensed
for a new applicant until the suspension has terminated or
time of suspension has elapsed, or ninety days have elapsed
since the commencement of the suspension, whichever occurs
first. However, this section does not prohibit the premises
from being relicensed to a new applicant before the suspension
has terminated or before the time of suspension has elapsed or
before ninety days have elapsed from the commencement of the
suspension, if the premises prior to the time of the suspension
had been purchased under contract, and the vendor under that
contract had exercised the person’s rights under chapter 656
and sold the property to a different person who is not related
to the previous licensee or permittee by marriage or within the
third degree of consanguinity or affinity and if the previous
licensee or permittee does not have a financial interest in the
business of the new applicant.
Sec. 27. Section 123.46A, subsection 2, Code 2023, is
amended to read as follows:
2. Licensees authorized to sell wine, beer, or mixed drinks
or cocktails for consumption off the licensed premises in a
container other than the original container may deliver the
wine, beer, or mixed drinks or cocktails to a home or other
designated location in this state only if the container other
than the original container has been sold and securely sealed
in compliance with this chapter or the rules of the division.
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Deliveries shall be limited to alcoholic beverages authorized
by the licensee’s license or permit .
Sec. 28. Section 123.49, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Knowingly permit any gambling, except in accordance with
chapter 99B , 99D , 99F , or 99G , or knowingly permit solicitation
for immoral purposes, or immoral or disorderly conduct on the
premises covered by the license or permit .
Sec. 29. Section 123.50, subsection 2, Code 2023, is amended
to read as follows:
2. The conviction of any retail alcohol licensee for a
violation of any of the provisions of section 123.49 , subject
to subsection 3 of this section , is grounds for the suspension
or revocation of the license or permit by the division or the
local authority. However, if any retail alcohol licensee is
convicted of any violation of section 123.49, subsection 2 ,
paragraph “a” or “e” , or any retail alcohol licensee, excluding
a special class “B” or class “D” retail alcohol licensee, is
convicted of a violation of section 123.49, subsection 2 ,
paragraph “d” , the retail alcohol license shall be revoked
and shall immediately be surrendered by the holder, and the
bond, if any, of the license holder shall be forfeited to the
division. However, the division shall retain only that portion
of the bond equal to the amount the division determines the
license holder owes the division.
Sec. 30. Section 123.50, subsection 3, paragraphs a, b, c,
and d, Code 2023, are amended to read as follows:
a. A first violation shall subject the licensee or permittee
to a civil penalty in the amount of five hundred dollars.
Failure to pay the civil penalty as ordered under section
123.39 shall result in automatic suspension of the license or
permit for a period of fourteen days.
b. A second violation within two years shall subject the
licensee or permittee to a thirty-day suspension and a civil
penalty in the amount of one thousand five hundred dollars.
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c. A third violation within three years shall subject the
licensee or permittee to a sixty-day suspension and a civil
penalty in the amount of one thousand five hundred dollars.
d. A fourth violation within three years shall result in
revocation of the license or permit .
Sec. 31. Section 123.50, subsection 3, paragraph e,
subparagraphs (2) and (3), Code 2023, are amended to read as
follows:
(2) Suspension shall be limited to the specific license or
permit for the premises found in violation.
(3) Notwithstanding section 123.40 , revocation shall be
limited to the specific license or permit found in violation
and shall not disqualify a licensee or permittee from holding a
license or permit at a separate location.
Sec. 32. Section 123.50, subsection 4, Code 2023, is amended
to read as follows:
4. In addition to any other penalties imposed under this
chapter , the division shall assess a civil penalty up to the
amount of five thousand dollars upon a class “E” retail alcohol
licensee when the class “E” retail alcohol license is revoked
for a violation of section 123.59 . Failure to pay the civil
penalty as required under this subsection shall result in
forfeiture of the bond to the division. However, the division
shall retain only that portion of the bond equal to the amount
the division determines the license or permit holder owes the
division.
Sec. 33. Section 123.56, subsection 2, Code 2023, is amended
to read as follows:
2. If the county attorney or city attorney for the county
or city where the licensed premises is located has reason to
believe a public safety nuisance that constitutes a serious
threat to the public safety exists, the county attorney or
city attorney, or an attorney acting at the direction of the
county attorney or city attorney, may file a suit in equity
in district court without bond seeking abatement of a public
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safety nuisance arising from occurring at a premises licensed
under this chapter pursuant to the requirements of this
section .
Sec. 34. Section 123.173, subsection 3, Code 2023, is
amended to read as follows:
3. A class “A” wine permittee shall be required to deliver
wine to a retail alcohol licensee, and a retail alcohol
licensee shall be required to accept delivery of wine from a
class “A” wine permittee, only at the licensed premises of the
retail alcohol licensee. Except as specifically permitted
by the division upon good cause shown, delivery or transfer
of wine from an unlicensed premises to a licensed retail
alcohol licensee’s premises, or from one licensed retail
alcohol licensee’s premises to another licensed retail alcohol
licensee’s premises, even if there is common ownership of all
of the premises by one retail permittee alcohol licensee , is
prohibited.
Sec. 35. Section 124.204, subsection 2, paragraphs bv, ci,
and ck, Code 2023, are amended to read as follows:
bv. N-(1-(2-flourophenethyl)piperidin-4-yl)-N-(2-
fluorophenyl)propionamide N-(1-(2-fluorophenethyl)piperidin-4-
yl)-N-(2-fluorophenyl)propionamide . Other names: 2’-Fluoro
ortho-fluorofentanyl, 2’-fluoro 2-fluorofentanyl.
ci. N-(4-methyoxyphenyl)-N-(1-phenethylpiperidin-4-
yl)butyramide N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-
yl)butyramide . Other name: para-methyoxybutyryl fentanyl
para-methoxybutyryl fentanyl .
ck. N-(1-phenethylpiperidin-4-yl)-N-phenylisobutryamide N-
(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide . Other name:
Isobutyryl fentanyl.
Sec. 36. Section 124.204, subsection 4, paragraph bt, Code
2023, is amended to read as follows:
bt. 1-(4-methyoxyphenyl)-N-methylpropan-2-amine
1-(4-methoxyphenyl)-N-methylpropan-2-amine .
Other names: para-methoxymethamphetamine, PMMA.
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Sec. 37. Section 125.77, Code 2023, is amended to read as
follows:
125.77 Service of notice.
Upon the filing of an application pursuant to section
125.75 , the clerk shall docket the case and immediately
notify a district court judge, a district associate judge,
or magistrate who is admitted to the practice of law in this
state, who shall review the application and accompanying
documentation. The clerk shall send copies of the application
and supporting documentation, together with the notice
informing the respondent of the procedures required by this
subchapter , to the sheriff, for immediate service upon the
respondent. If the respondent is taken into custody under
section 125.81 , service of the application, documentation,
and notice upon the respondent shall be made at the time the
respondent is taken into custody.
Sec. 38. Section 147E.1, subsection 8, paragraph g,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The commission shall defend any member, officer,
executive director, employee, or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
duties, or responsibilities, or that the person against
whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties, or
responsibilities; provided that nothing herein in this compact
shall be construed to prohibit that person from retaining the
person’s own counsel; and provided further, that the actual
or alleged act, error, or omission did not result from that
person’s intentional, willful, or wanton misconduct.
Sec. 39. Section 147E.1, subsection 11, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The executive, legislative, and judicial branches
of state government in each member state shall enforce this
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compact and take all actions necessary and appropriate to
effectuate the compact’s purposes and intent. The provisions
of this compact and the rules promulgated hereunder under this
compact shall have standing as statutory law.
Sec. 40. Section 152.1, subsection 7, paragraphs f and g,
Code 2023, are amended to read as follows:
f. Apply to the abilities enumerated in paragraphs “a”
through “e” of this subsection scientific principles, including
the principles of nursing skills and of biological, physical,
and psychosocial sciences.
g. f. Under a pharmacist’s order and consistent with this
subsection , assist in the administration of immunizations
and vaccinations and the utilization of statewide protocols
pursuant to section 155A.33B .
g. Apply to the abilities enumerated in paragraphs “a”
through “f” of this subsection scientific principles, including
the principles of nursing skills and of biological, physical,
and psychosocial sciences.
Sec. 41. Section 189A.7, subsection 12, Code 2023, is
amended to read as follows:
12. Serve as a representative of the governor for
consultation with said the secretary of agriculture of the
United States under paragraph “c” of section 301 of the federal
Meat Inspection Act and paragraph “c” of section 5 of the
federal Poultry Products Inspection Act unless the governor
selects another representative.
Sec. 42. Section 189A.17, subsection 4, paragraphs c and e,
Code 2023, are amended to read as follows:
c. The district court may, in case of failure or refusal
to obey a subpoena issued herein under this section to any
person, enter an order requiring such person to appear before
the secretary or to produce documentary evidence if so ordered,
or to give evidence concerning the matter in question; and any
failure to obey such order of the court may be punished by such
court as contempt.
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e. The secretary may order testimony to be taken by
deposition in any proceeding or investigation pending under
this chapter at any stage of such proceeding or investigation.
Such depositions may be taken before any person designated
by the secretary and having power to administer oaths. Such
testimony shall be reduced to writing by the person taking the
deposition, or under the person’s direction and shall then be
subscribed by the deponent. Any person may be compelled to
appear and depose and to produce documentary evidence in the
same manner as witnesses may be compelled to appear and testify
and produce documentary evidence before the secretary as herein
provided in this section .
Sec. 43. Section 206.2, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. In the case of a pesticide other than that is not a plant
growth regulator, defoliant , or desiccant, an ingredient which
will prevent, destroy, repel, or mitigate insects, nematodes,
fungi, rodents, weeds, or other pests.
Sec. 44. Section 232.78, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. The application for the order includes a statement of the
facts to support the findings specified in paragraphs “a” , “b” ,
“c” , and “d” .
Sec. 45. Section 232.104, subsection 1, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) For an order entered under section 232.102 , for which
the court has waived reasonable efforts requirements under
section 232.102, subsection 12 232.102A, subsection 4 , the
permanency hearing shall be held within thirty days of the date
the requirements were waived.
Sec. 46. Section 256.84, subsection 5, Code 2023, is amended
to read as follows:
5. The board shall establish guidelines for and may impose
and collect fees and charges for services. Fees and charges
collected by the board for services shall be deposited to the
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credit of the division. Any interest earned on these receipts,
and revenues generated under subsection 7 6 , shall be retained
and may be expended by the division subject to the approval of
the board.
Sec. 47. Section 257.3, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The amount paid to each school district for the tax
replacement claim for industrial machinery, equipment , and
computers under section 427B.19A shall be regarded as property
tax. The portion of the payment which is foundation property
tax shall be determined by applying the foundation property tax
rate to the amount computed under section 427B.19, subsection
3 , paragraph “a” , as adjusted by section 427B.19, subsection 3,
paragraph “d” , if any adjustment was made.
Sec. 48. Section 261.73, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
Each applicant for loan forgiveness shall, in accordance
with the rules of the commission, do all of the following:
Sec. 49. Section 261.116, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Each applicant for an award shall, in accordance with the
rules of the commission, do all of the following:
Sec. 50. Section 262.44, subsection 3, Code 2023, is amended
to read as follows:
3. Construct, equip, furnish, maintain, operate, manage,
and control any or all of the buildings, structures,
facilities, areas, additions, or improvements hereinbefore
enumerated in this section .
Sec. 51. Section 262.58, Code 2023, is amended to read as
follows:
262.58 Rates and terms of bonds or notes.
Such bonds or notes may bear such date or dates, may bear
interest at such rate or rates, payable semiannually, may
mature at such time or times, may be in such form, carry such
registration privileges, may be payable at such place or
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places, may be subject to such terms of redemption prior to
maturity with or without premium, if so stated on the face
thereof of the bonds or notes , and may contain such terms and
covenants all as may be provided by the resolution of the board
authorizing the issuance of the bonds or notes. In addition
to the estimated cost of construction, the cost of the project
shall be deemed to include interest upon the bonds or notes
during construction and for six months after the estimated
completion date, the compensation of a fiscal agent or adviser,
and engineering, administrative , and legal expenses. Such
bonds or notes shall be executed by the president of the state
board of regents and attested by the executive director of the
state board of regents, secretary, or other official thereof
performing the duties of the executive director of the state
board of regents, and the coupons thereto attached to the bonds
or notes shall be executed with the original or facsimile
signatures of said president, executive director, secretary,
or other official. Any bonds or notes bearing the signatures
of officers in office on the date of the signing thereof of the
bonds or notes shall be valid and binding for all purposes,
notwithstanding that before delivery thereof any or all such
persons whose signatures appear thereon shall have ceased to
be such officers. Each such bond or note shall state upon
its face the name of the institution on behalf of which it is
issued, that it is payable solely and only from the net rents,
profits , and income derived from the operation of residence
halls or dormitories, including dining and other incidental
facilities, at such institution as hereinbefore provided in
this subchapter , and that it does not constitute a charge
against the state of Iowa within the meaning or application of
any constitutional or statutory limitation or provision. The
issuance of such bonds or notes shall be recorded in the office
of the treasurer of the institution on behalf of which the same
are issued, and a certificate by such treasurer to this effect
shall be printed on the back of each such bond or note.
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Sec. 52. Section 262.62, Code 2023, is amended to read as
follows:
262.62 No obligation against state.
Under no circumstances shall any bonds or notes issued under
the terms of this subchapter be or become or be construed
to constitute a charge against the state of Iowa within the
purview of any constitutional or statutory limitation or
provision. No taxes, appropriations , or other funds of the
state of Iowa may be pledged for or used to pay such bonds or
notes or the interest thereon but any such bonds or notes shall
be payable solely and only as to both principal and interest
from the net rents, profits , and income derived from the
operation of residence halls and dormitories, including dining
and other incidental facilities therefor, at the institutions
of higher learning under the control of the state board of
regents as hereinbefore provided in this subchapter , and the
sole remedy for any breach or default of the terms of any
such bonds or notes or proceedings for their issuance shall
be a proceeding either in law or in equity by suit, action
or mandamus to enforce and compel performance of the duties
required by this subchapter and the terms of the resolution
under which such bonds or notes are issued.
Sec. 53. Section 266.7, Code 2023, is amended to read as
follows:
266.7 Receiving agent.
The treasurer of the Iowa state university of science and
technology is hereby authorized and empowered to receive the
grants of money appropriated under the said Purnell Act.
Sec. 54. Section 280.13A, subsection 1, Code 2023, is
amended to read as follows:
1. If a school district or nonpublic school does not
provide an interscholastic activity for its students, the board
of directors of that school district or the authorities in
charge of the nonpublic school may complete an agreement with
another school district or nonpublic school to provide for
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the eligibility of its students in interscholastic activities
provided by that other school district or nonpublic school. A
copy of each agreement completed under this section shall be
filed with the appropriate organization as organization is
defined in section 280.13 not later than April 30 of the school
year preceding the school year in which the agreement takes
effect, unless an exception is granted by the organization
for good cause. An agreement completed under this section
shall be deemed approved unless denied by the governing
organization within ten days after its receipt. A governing
The organization shall determine whether an agreement would
substantially prejudice the interscholastic activities of other
schools. An agreement denied by a governing the organization
under this section may be appealed to the state board of
education under chapter 290 .
Sec. 55. Section 282.20, subsection 2, Code 2023, is amended
to read as follows:
2. It shall be unlawful for any school district to rebate
to any pupils or their parents, directly or indirectly, any
portion of the tuition collected or to be collected or to
authorize or permit such pupils to receive at the expense of
the district, directly or indirectly, any special compensation,
benefit, privilege, or other thing of value that is not
and cannot legally be made available to all other pupils
enrolled in its schools. Any superintendent or board members
responsible for such this unlawful act shall each be personally
liable to for payment of a fine of in an amount not to exceed
one hundred dollars. Action to recover such the penalty or
action to enjoin such the unlawful act may be instituted by the
board of any school district or by a taxpayer in any school
district.
Sec. 56. Section 306.4, subsections 4, 5, and 6, Code 2023,
are amended to read as follows:
4. a. Jurisdiction and control over the municipal street
system shall be vested in the governing bodies of each
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municipality; except that the department and the municipal
governing body shall exercise concurrent jurisdiction over the
municipal extensions of primary roads in all municipalities.
When concurrent jurisdiction is exercised, the department shall
consult with the municipal governing body as to the kind and
type of construction, reconstruction, repair, and maintenance
and the two parties shall enter into agreements with each other
as to the division of costs thereof .
b. When the two parties cannot initially come to agreement
as to the division of costs under this subsection , they the
parties shall contract with an organization in this state
to provide mediation services. The costs of the mediation
services shall be equally allocated between the two parties.
If after submitting to mediation the parties still cannot come
to agreement as to the division of costs, the mediator shall
sign a statement that the parties did not reach an agreement,
and the parties shall then submit the matter for binding
arbitration to a mutually agreed-upon third party. If the
parties cannot agree upon a third-party arbitrator, they shall
submit the matter to an arbitrator selected under the rules of
the American arbitration association.
5. Jurisdiction and control over the roads and streets in
any state park, state institution , or other state land shall be
vested in the board, commission, or agency in control of such
the park, institution, or other state land; except that:
a. The department and the controlling agency shall have
concurrent jurisdiction over any road which is an extension
of a primary road and which both enters and exits from the
state land at separate points. The department may expend the
moneys available for such roads in the same manner as the
department expends such funds moneys on other roads over which
the department exercises jurisdiction and control. The parties
exercising concurrent jurisdiction may enter into agreements
with each other as to the kind , and type , and division of
costs of construction, reconstruction, repair , and maintenance
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and the division of costs thereof . In the absence of such
agreement , the jurisdiction and control of such road shall
remain in the department.
b. The board of supervisors of any county and the
controlling state agency shall have concurrent jurisdiction
over any road which is an extension of a secondary road and
which both enters and exits from the state land at separate
points. The board of supervisors of any county may expend
the moneys available for such roads in the same manner as the
board expends such funds moneys on other roads over which
the board exercises jurisdiction and control. The parties
exercising concurrent jurisdiction may enter into agreements
with each other as to the kind , and type , and division of costs
of construction, reconstruction, repair , and maintenance and
the division of costs thereof . In the absence of such an
agreement, the jurisdiction and control of such the road shall
remain in the board of supervisors of the county.
6. Jurisdiction and control over parkways within county
parks and conservation areas shall be vested in the county
conservation boards within their the boards’ respective
counties; except that:
a. The department and the county conservation board shall
have concurrent jurisdiction over an extension of a primary
road which both enters and exits from a county park or other
county conservation area at separate points. The department
may expend moneys available for such roads in the same manner
as the department expends such funds moneys on other roads
over which the department exercises jurisdiction and control.
The parties exercising concurrent jurisdiction may enter into
agreements with each other as to the kind , and type , and
division of costs of construction, reconstruction, repair , and
maintenance and the division of costs thereof . In the absence
of such an agreement, the jurisdiction and control of such the
roads shall remain in the department.
b. The board of supervisors of any county and the county
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conservation board shall have concurrent jurisdiction over an
extension of a secondary road which both enters and exits from
a county park or other county conservation area at separate
points. The board of supervisors of any county may expend
moneys available for such roads in the same manner as the
board expends such funds moneys on other roads over which
the board exercises jurisdiction and control. The parties
exercising concurrent jurisdiction may enter into agreements
with each other as to the kind , and type , and division of costs
of construction, reconstruction, repair , and maintenance and
the division of costs thereof . In the absence of such an
agreement, the jurisdiction and control of such the roads shall
remain in the board of supervisors of the county.
Sec. 57. Section 306.28, Code 2023, is amended to read as
follows:
306.28 Appraisers.
If the board of supervisors is unable, by agreement with the
owner, to acquire the necessary right-of-way to effect such
change, a compensation commission shall be selected pursuant to
section 6B.4 , to appraise the damages consequent on the taking
of the right-of-way.
Sec. 58. Section 306.32, Code 2023, is amended to read as
follows:
306.32 Hearing —— adjournment.
The board of supervisors shall proceed to a hearing on the
objections or assessment of damages of any owner, mortgagee of
record, and the actual occupant of such land if any of whom it
has acquired jurisdiction, or if there be are owners, mortgagee
of record, and the actual occupant of such land if any over
whom jurisdiction has not been acquired, the board may adjourn
such hearing until a date when jurisdiction will be complete
as to all owners.
Sec. 59. Section 306.33, Code 2023, is amended to read as
follows:
306.33 Hearing on objections.
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The board of supervisors shall, at the final hearing, first
pass on the objections to the proposed change. If objections
be are sustained , the proceedings shall be dismissed unless
the board finds that the objections may be avoided by a change
of plans, and to this end an adjournment may be ordered, if
necessary, in order to secure service on additional parties.
Sec. 60. Section 306.34, Code 2023, is amended to read as
follows:
306.34 Hearing on claims for damages.
When objections to the proposed change are overruled, the
board of supervisors shall proceed to determine the damages to
be awarded to each claimant. If the damages finally awarded
are, in the opinion of the board, excessive, the proceedings
shall be dismissed; if not excessive, the board may, by proper
order, establish such proposed change.
Sec. 61. Section 306.36, Code 2023, is amended to read as
follows:
306.36 Damages on appeal —— rescission of order.
If , in the opinion of the board of supervisors, the
damages as finally determined on appeal be, in the opinion
of the board, are excessive, the board may rescind its order
establishing such change.
Sec. 62. Section 306A.3, subsection 2, Code 2023, is amended
to read as follows:
2. The state department of transportation shall adopt
rules, pursuant to chapter 17A , embodying a utility
accommodation policy which imposes reasonable restrictions
on placements occurring on or after the effective date of
the rules, on primary road rights-of-way. The rules may
require utilities to give notice to the department prior to
installation of a utility system on a primary road right-of-way
and obtain prior permission from the department for the
proposed installation. The rules shall recognize emergency
situations and the need for immediate installation of service
extensions subject to the standards adopted by the department
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and the utilities board. The rules shall be no less stringent
than the standards adopted by the utilities board pursuant to
chapters 478 , 479 , and 479B . This paragraph subsection shall
not be construed as granting the department authority which has
been expressly granted to the utilities board to determine the
route of utility installations. If the department requires
a utility company permit, the department shall be required
to act upon the permit application within thirty days of its
filing. In cases of federal-aid highway projects on nonprimary
highways, the local authority with jurisdiction over the
highway and the department shall comply with all federal
regulations and statutes regarding utility accommodation.
Sec. 63. Section 309.18, Code 2023, is amended to read as
follows:
309.18 Compensation.
1. The board of supervisors shall fix the compensation of
the county engineers.
2. Said The county engineers shall, in the performance of
their duties, work under the directions of said the board and
shall give bonds for the faithful performance of their duties
in a sum not less than two thousand nor more than five thousand
dollars, to be approved by the board.
Sec. 64. Section 309.36, Code 2023, is amended to read as
follows:
309.36 Nature of survey.
The county engineer’s survey shall be on the basis of the
permanent improvement of said roads, as to bridge, culvert,
tile, and road work.
Sec. 65. Section 309.40, Code 2023, is amended to read as
follows:
309.40 Advertisement and letting.
All contracts for road or bridge construction work and
materials for which the county engineer’s estimate exceeds
fifty thousand dollars, except surfacing materials obtained
from local pits or quarries, shall be advertised and let at a
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public letting.
Sec. 66. Section 309.41, subsection 1, Code 2023, is amended
to read as follows:
1. Contracts not embraced within the provisions of section
309.40 or 309.40A shall be either advertised and let at a
public letting or, where the cost does not exceed the county
engineer’s estimate, let through informal bid procedure by
contacting at least three qualified bidders prior to letting
the contract. The informal bids received together with a
statement setting forth the reasons for use of the informal
procedure and bid acceptance shall be entered in the minutes
of the board of supervisors meeting at which such action was
taken.
Sec. 67. Section 321.1, subsection 73, Code 2023, is amended
to read as follows:
73. “Solid tire” “Solid rubber tire” means every tire of
rubber or other resilient material which does not depend upon
compressed air for the support of the load.
Sec. 68. Section 321.18, subsection 4, Code 2023, is amended
to read as follows:
4. Any special mobile equipment as herein defined in this
chapter .
Sec. 69. Section 321.28, Code 2023, is amended to read as
follows:
321.28 Failure to register.
The If the owner of a vehicle fails to register the vehicle
under the provisions of this chapter, the treasurer shall
withhold the registration of any the vehicle the owner of which
shall have failed to register the same under the provisions of
this chapter , for any previous period or periods for which it
appears that registration should have been made, until the fee
for such previous the period or periods shall be is paid.
Sec. 70. Section 321.29, Code 2023, is amended to read as
follows:
321.29 Renewal not permitted.
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Any vehicle that was once registered in the state and by
removal , but which was removed from and no longer subject to
registration in this state, shall , upon being returned to this
state and becoming again subject to registration , be again
registered again in accordance with section 321.20 .
Sec. 71. Section 321.70, Code 2023, is amended to read as
follows:
321.70 Dealer vehicles.
A dealer registered licensed under this chapter 322
shall not be required to register any vehicle owned by the
dealer which is being held for sale or trade, provided the
annual registration fee was not delinquent at the time the
vehicle was acquired by the dealer. When a dealer ceases to
hold any vehicle for sale or trade or the vehicle otherwise
becomes subject to registration under this chapter the annual
registration fee and delinquent annual registration fee, if
any, shall be due for the registration year.
Sec. 72. Section 321.116, Code 2023, is amended to read as
follows:
321.116 Battery electric and plug-in hybrid electric motor
vehicle fees.
1. For each battery electric motor vehicle subject to an
annual registration fee under section 321.109, subsection 1 ,
paragraph “a” , and operated on the public highways of this
state, the owner shall pay an annual battery electric motor
vehicle registration fee, which shall be in addition to the
annual registration fee imposed for the vehicle under section
321.109, subsection 1 , paragraph “a” . For purposes of this
subsection , “battery electric motor vehicle” means a motor
vehicle equipped with electrical drivetrain components and not
equipped with an internal combustion engine, that is propelled
exclusively by one or more electrical motors using electrical
energy stored in a battery or other energy storage device that
can be recharged by plugging into an electrical outlet or
electric vehicle charging station. The amount of the fee shall
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be as follows:
a. For the period beginning January 1, 2020, and ending
December 31, 2020, sixty-five dollars.
b. For the period beginning January 1, 2021, and ending
December 31, 2021, ninety-seven dollars and fifty cents.
c. On or after January 1, 2022, one hundred thirty dollars.
2. For each plug-in hybrid electric motor vehicle subject to
an annual registration fee under section 321.109, subsection
1 , paragraph “a” , and operated on the public highways of this
state, the owner shall pay an annual plug-in hybrid electric
motor vehicle registration fee, which shall be in addition
to the annual registration fee imposed for the vehicle under
section 321.109, subsection 1 , paragraph “a” . For purposes of
this subsection , “plug-in hybrid electric motor vehicle” means a
motor vehicle equipped with electrical drivetrain components,
an internal combustion engine, and a battery or other energy
storage device that can be recharged by plugging into an
electrical outlet or electric vehicle charging station. The
amount of the fee shall be as follows:
a. For the period beginning January 1, 2020, and ending
December 31, 2020, thirty-two dollars and fifty cents.
b. For the period beginning January 1, 2021, and ending
December 31, 2021, forty-eight dollars and seventy-five cents.
c. On or after January 1, 2022, sixty-five dollars.
Sec. 73. Section 321.117, subsection 2, Code 2023, is
amended to read as follows:
2. In addition to the fee required for a motorcycle under
subsection 1 , the owner of a motorcycle that is a battery
electric motor vehicle or plug-in hybrid electric motor
vehicle, as those terms are defined in section 321.116 , shall
pay an annual electric motorcycle registration fee. The amount
of the fee shall be as follows:
a. For the period beginning January 1, 2020, and ending
December 31, 2020, four dollars and fifty cents.
b. For the period beginning January 1, 2021, and ending
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December 31, 2021, six dollars and seventy-five cents.
c. On or after January 1, 2022, nine dollars.
Sec. 74. Section 321.166, subsection 2, Code 2023, is
amended to read as follows:
2. Every registration plate or pair of plates shall display
a registration plate number which shall consist of alphabetical
or numerical characters or a combination thereof and the name
of this state, which may be abbreviated. Every registration
plate issued by the county treasurer shall display the name
of the county, including any plate issued pursuant to section
321.34 , except Pearl Harbor and purple heart registration
plates issued prior to January 1, 1997; registration plates
issued pursuant to section 321.34, subsection 13 , paragraph
“d” ; and collegiate, fire fighter, and medal of honor
registration plates. Special truck registration plates shall
display the word “special”. The department may adopt rules to
implement this subsection .
Sec. 75. Section 321.235, Code 2023, is amended to read as
follows:
321.235 Provisions uniform.
The provisions of this chapter shall be applicable and
uniform throughout this state and in all political subdivisions
and municipalities therein and no in this state. Unless
expressly authorized in this chapter, a local authority shall
not enact or enforce any rule or regulation in conflict with
the provisions of this chapter unless expressly authorized
herein . Local authorities may, however, adopt additional
traffic regulations which are not in conflict with the
provisions of this chapter .
Sec. 76. Section 321.236, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Local authorities shall have no power to not enact, enforce,
or maintain any ordinance, rule, or regulation in any way that
is in conflict with, contrary to, or inconsistent with the
provisions of this chapter , and no such . An ordinance, rule,
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or regulation of said that is in conflict with, contrary to,
or inconsistent with this chapter that has been or is enacted
by local authorities heretofore or hereafter enacted shall not
have any force or effect. However, with respect to streets and
highways under their jurisdiction and within the reasonable
exercise of the police power, the provisions of this chapter
shall not be deemed to prevent local authorities , with respect
to streets and highways under their jurisdiction and within the
reasonable exercise of the police power, from doing any of the
following:
Sec. 77. Section 327D.69, Code 2023, is amended to read as
follows:
327D.69 Right to inspect.
Any or all of such schedules kept as aforesaid provided in
sections 327D.66 and 327D.67 shall be immediately produced by
such carrier for inspection upon the demand of any person.
Sec. 78. Section 327D.187, Code 2023, is amended to read as
follows:
327D.187 Relief or indemnity contract.
No contract of insurance, relief, benefit, or indemnity in
case of injury or death, entered into prior to the injury,
between the person so injured and such corporation, or any
other person or association acting for such corporation, and no
acceptance of any such insurance, relief, benefit, or indemnity
by the person injured, the person’s surviving spouse, heirs, or
legal representatives after the injury, from such corporation,
person, or association, shall constitute any bar or defense to
any cause of action brought under the provisions of section
327D.186 ; but nothing contained herein in this section shall be
construed to prevent or invalidate any settlement for damages
between the parties subsequent to injuries received.
Sec. 79. Section 328.1, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The following words, terms, and phrases when used in
this chapter shall, for the purposes of this chapter , have
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the meanings herein given in this section , unless otherwise
specifically defined, or unless another intention clearly
appears, or the context otherwise requires:
Sec. 80. Section 328.36, subsection 2, Code 2023, is amended
by striking the subsection.
Sec. 81. Section 329.1, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The following words, terms, and phrases, when used in
this chapter , shall, for the purposes of this chapter , have
the meaning herein given in this section , unless otherwise
specifically defined, or unless another intention clearly
appears, or the context otherwise requires:
Sec. 82. Section 331.389, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. In addition to the regional governance agreement
requirements in section 331.392 , the department may compel the
a county and region to engage in mediation for resolution of a
dispute. The costs incurred for mediation shall be paid by the
county and the region in dispute according to their governance
agreement.
Sec. 83. Section 331.427, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Except as otherwise provided by state law, county revenues
from taxes and other sources for general county services shall
be credited to the general fund of the county, including
revenues received under sections 9I.11 , 101A.3 , 101A.7 , 123.36 ,
123.143 , 142D.9 , 176A.8 , 321.105 , 321.152 , 321G.7 , 321I.8 ,
section 331.554, subsection 6 , sections 341A.20 , 364.3 , 368.21 ,
423A.7 , 428A.8 , 433.15 , 434.19 , 445.57 , 453A.35 , 458A.21 ,
483A.12 , 533.329 , 556B.1 , 583.6 , 602.8108 , 904.908 , and 906.17 ,
and the following:
Sec. 84. Section 335.10, subsection 1, Code 2023, is amended
to read as follows:
1. The board of supervisors shall provide for the
appointment of a board of adjustment , and in . In the
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regulations and restrictions adopted pursuant to the authority
of this chapter , the board of supervisors shall provide that
the said board of adjustment may, in appropriate cases, and
subject to appropriate conditions and safeguards, make special
exceptions to the terms of the ordinances or regulations . The
exceptions shall be in harmony with its the general purpose and
intent and in accordance with the general or specific rules
contained in the ordinances or regulations , and . The board of
supervisors shall provide that any property owner aggrieved by
the action of the board of supervisors in the adoption of such
the regulations and restrictions may petition the said board
of adjustment direct to modify regulations and restrictions as
applied to such the aggrieved property owners.
Sec. 85. Section 347.32, Code 2023, is amended to read as
follows:
347.32 Tax status.
This chapter does not deprive any hospital of its tax exempt
or nonprofit status , except that any portion of hospital
property which is used for purposes other than nonprofit,
health-related purposes shall be subject to property tax as
provided for in section 427.1, subsection 14 .
Sec. 86. Section 357.7, Code 2023, is amended to read as
follows:
357.7 Water source without district.
1. When in any proposed benefited water district, If
it is anticipated that the source of water supply will be
without the outside of and not under control of any proposed
benefited water district, and not under its control, the
board of supervisors shall instruct the engineer who is
appointed under section 357.6 to make the preliminary design
and dummy assessment , to also obtain a written statement from
the corporation or municipality which controls the proposed
source of supply , a statement in writing, outlining the terms
upon which water will be furnished to the district , or to the
individuals within the district and on what terms in either
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case .
2. This preliminary proposal from the governing body of
the source of supply shall be binding , and shall be in the
nature of an option to purchase water by the district, or the
individual individuals within the same district , if and when
the proposed benefited water district shall have completed
completes its construction , and is ready to use water. This
proposal shall accompany and be a part of the engineer’s
preliminary report to the board of supervisors.
Sec. 87. Section 357.9, Code 2023, is amended to read as
follows:
357.9 Compensation of engineer.
The compensation of such the engineer on appointed under
section 357.6 to conduct the preliminary investigation shall be
determined by the board of supervisors and may be by percentage
or per diem.
Sec. 88. Section 357.11, Code 2023, is amended to read as
follows:
357.11 Hearing on report.
On receipt of the engineer’s report filed under section
357.10 , the board of supervisors shall give notice in the same
manner as before, provided in section 357.4 of a hearing on
the engineer’s tentative design and dummy plat. On the day
set, or within ten days thereafter, the board of supervisors
shall approve or disapprove the engineer’s plan and proposed
assessment. If it shall appear advisable, the board of
supervisors may make changes in the design and assessment, as
they appear on the dummy plat.
Sec. 89. Section 357.16, Code 2023, is amended to read as
follows:
357.16 Second election.
If the majority of the votes cast at said the second election
be held pursuant to section 357.15 are in favor of said the
proposed improvement, the board of supervisors shall again
advertise for bids in the same manner as before provided under
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section 357.14 . If the bids at the second letting will not
necessitate raising the second preliminary assessment more
than ten percent, the board may let the contract to the lowest
responsible bidder.
Sec. 90. Section 357.30, Code 2023, is amended to read as
follows:
357.30 Additional territory.
When the If a district is under the control of trustees, they
the trustees are empowered to deal with parties without the
district who desire to be taken into the district or to obtain
water from the district and . The trustees shall determine the
amount to be assessed against said district the territory to be
taken in or connected with the district . The trustees shall
have power in such cases to make agreements for the district,
and may, with the consent of the board of supervisors, alter
the district boundaries to take in the additional territory.
No If an owner of a lot or parcel has paid any assessment to
a district, the lot or parcel of land shall not be put out of
a the district without the consent of the owner , after it has
paid any assessment to the district .
Sec. 91. Section 357.34, Code 2023, is amended to read as
follows:
357.34 Conveyance of district to city.
1. Where If a city is situated wholly or partly within
a benefited water district or the source of supply for such
a benefited water district is a municipal water system, the
board of supervisors having jurisdiction of said the benefited
water district, at the request of the trustees of said the
benefited water district, may, by proper resolution, convey
unto said to the city any and all rights which said that the
board of supervisors may have in and to said the benefited
water district. Said The conveyance, however, shall not
become effective until all existing obligations against said
the district have been completely and fully discharged and
such the conveyance accepted and confirmed by a resolution of
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the council of said that city or of the board of waterworks
trustees of said that city , if there be is one, specially
passed for such that purpose.
2. Upon acceptance, the district, including the plant and
distribution system, as well as all funds and credits , shall
become the property of said the city and be operated and used
by it the city to the same extent as if acquired under such
provisions of law under which said the city is then operating
its waterworks. Also Upon acceptance by the city , the offices
of the trustees as provided in this chapter shall be abolished
upon acceptance by the city and their the duties of the
trustees as such shall immediately cease.
Sec. 92. Section 357B.4, Code 2023, is amended to read as
follows:
357B.4 Anticipation of tax.
The board of trustees of a benefited fire district may
anticipate the collection of taxes authorized under section
357B.3 and, for the purpose of providing fire protection, may
issue bonds payable in not more than ten equal installments
at an interest rate not exceeding that permitted by chapter
74A . The bonds shall be in such form and payable at such place
as specified by resolution of the board of trustees. The
provisions of sections 73A.12 to through 73A.16 and chapter 384
shall apply to such bonds to the extent applicable.
Sec. 93. Section 358.16, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. Nothing contained herein in this section shall be
construed to authorize or empower such board of trustees to
operate a system of waterworks for the purpose of furnishing
water to the inhabitants of the district, or to construct,
maintain, or operate local municipal sewerage facilities, or to
deprive municipalities within the district of their powers to
construct and operate sewers for local purposes within their
limits.
Sec. 94. Section 388.3, subsection 6, Code 2023, is amended
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to read as follows:
6. The provisions of this section subsections 4 and 5 do
not apply to a city with a population of more than two hundred
thousand according to the 2020 federal decennial census.
Sec. 95. Section 414.1, subsection 1, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Except when as provided in subparagraph (2), when there
is a replacement of a preexisting manufactured, modular, or
mobile home with any other manufactured, modular, or mobile
home containing no more than the original number of dwelling
units, or a replacement of a preexisting site-built dwelling
unit with a manufactured, modular, or mobile home or site-built
dwelling unit, within a manufactured home community or a
mobile home park, the city shall not adopt or enforce any
ordinance, regulation, or restriction, or impose any conditions
on the replacement home, home site upon which the home
sits, or the owner’s property that were not required of the
preexisting home, home site, or property, that would prevent
the continuance of the property owner’s lawful nonconforming
use that had existed relating to the preexisting home, home
site upon which the home sat, or the owner’s property.
Sec. 96. Section 422.7, subsection 13, paragraph a,
subparagraph (5), Code 2023, is amended to read as follows:
(5) (a) “Real property used in a farming business” means
all tracts of land and the improvements and structures located
on such tracts which are in good faith used primarily for
a farming business. Buildings which are primarily used or
intended for human habitation are deemed to be used in a
farming business when the building is located on or adjacent
to the parcel used in the farming business. Land and the
nonresidential improvements and structures located on such land
that shall be considered to be used primarily in a farming
business include but are not limited to land, improvements ,
or structures used for the storage or maintenance of farm
machinery or equipment, for the drying, storage, handling,
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or preservation of agricultural crops, or for the storage of
farm inputs, feed, or manure. Real property used in a farming
business shall also include woodland, wasteland, pastureland,
and idled land used for the conservation of natural resources
including soil and water.
(b) Real property classified as agricultural property for
Iowa property tax purposes, except real property described in
section 441.21, subsection 12 , paragraph “a” or “b” , shall be
presumed to be real property used in a farming business. This
However, this presumption is rebuttable by if the department
shows by a preponderance of evidence that the real property did
not meet the requirements of subparagraph division (a).
Sec. 97. Section 422.7, subsection 13, paragraph d, Code
2023, is amended to read as follows:
d. For a taxpayer who is a retired farmer, subtract the net
capital gain from the sale of breeding livestock, other than
cattle and horses, if the livestock is held by the taxpayer for
a period of twelve months or more from the date of acquisition;
but only if the taxpayer materially participated in the farming
business for five of the eight years preceding the farmer’s
retirement or disability and who has sold all or substantially
all of the taxpayer’s interest in the farming business by the
time the election under this paragraph is made.
Sec. 98. Section 422.12C, subsection 4, Code 2023, is
amended to read as follows:
4. Married taxpayers who have filed joint federal returns
electing to file separate returns must determine the child and
dependent care credit under subsection 1 or the early childhood
development tax credit under subsection 2 based upon their
combined net income and allocate the total credit amount to
each spouse in the proportion that each spouse’s respective net
income bears to the total combined net income. Nonresidents or
part-year residents of Iowa must determine their Iowa child and
dependent care credit under subsection 1 or the early childhood
development tax credit under subsection 2 in the ratio of
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their Iowa source net income to their all source net income.
Nonresidents or part-year residents who are married and elect
to file separate returns must allocate the Iowa child and
dependent care credit under subsection 1 or the early childhood
development tax credit under subsection 2 between the spouses
in the ratio of each spouse’s Iowa source net income to the
combined Iowa source net income of the taxpayers.
Sec. 99. Section 422.16, subsection 12, paragraph a, Code
2023, is amended to read as follows:
a. In the case of nonresidents having income subject to
taxation by Iowa, but not subject to withholding of such tax
under subsection 1 or subject to the provisions of section
422.16B , withholding agents shall withhold from such income at
the same rate as provided in subsection 1 , and such withholding
agents and such nonresidents shall be subject to the provisions
of this section , according to the context, except that such
withholding agents may be absolved of such requirement to
withhold taxes from such nonresident’s income upon receipt of a
certificate from the department issued in accordance with the
provisions of section 422.17 , as hereby amended . In the case
of nonresidents having income from a trade or business carried
on by them in whole or in part within the state of Iowa, such
nonresident shall be considered to be subject to the provisions
of this subsection unless such trade or business is of such
nature that the business entity itself, as a withholding
agent, is required to and does withhold Iowa income tax from
the distributions made to such nonresident from such trade or
business.
Sec. 100. Section 422.72, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. Notwithstanding subsection 3 , the director shall provide
state tax returns and return information in response to a
subpoena issued by the court pursuant to rule of
criminalprocedure 2.5 2.15 commanding the appearance before the
attorney general or an assistant attorney general if the
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subpoena is accompanied by affidavits from such person and
from a sworn peace officer member of the department of public
safety affirming that the information is necessary for the
investigation of a felony violation of chapter 124 or chapter
706B .
Sec. 101. Section 423.3, subsection 80, paragraph d, Code
2023, is amended to read as follows:
d. Subject to the limitations in paragraph “c” , where the
owner, contractor, subcontractor, or builder is also a retailer
holding a retail sales or use tax permit and transacting
retail sales of building materials, supplies, and equipment,
the tax shall not be due when materials are withdrawn from
inventory for use in construction performed for a designated
exempt entity if an exemption certificate is received from such
entity.
Sec. 102. Section 423.4, subsection 9, paragraph a, Code
2023, is amended to read as follows:
a. The person must be engaged in the manufacturing of
biodiesel who has and be registered with the United States
environmental protection agency as a manufacturer according to
the requirements in 40 C.F.R. §79.4 . The biodiesel must be for
use in biodiesel blended fuel in conformance with the standards
and classifications in section 214A.2 . The person must comply
with the requirements of this subsection and rules adopted by
the department pursuant to this subsection .
Sec. 103. Section 441.19, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. In the event of a failure of any person required to
list property to make a supplemental return on or before
the fifteenth day of February of any year when the listing
is required, the assessor shall proceed in the listing and
assessment of the person’s property as provided by this
chapter . A failure to make a supplemental return does not
relieve a person subject to taxation shall not be relieved of
the person’s obligation to list the person’s property through
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failure to make a supplemental return and any roll prepared by
the assessor after receiving a supplemental return, or when
prepared in accordance with other provisions of this chapter ,
shall be a valid assessment.
Sec. 104. Section 452A.84, subsection 2, Code 2023, is
amended to read as follows:
2. Subtract from the figure computed pursuant to
subsection 1 of this section three percent of the figure for
administrative costs . All moneys remaining after claims for
the costs of administration have been made shall be transferred
to the marine fuel tax fund.
Sec. 105. Section 455B.145, unnumbered paragraph 1, Code
2023, is amended to read as follows:
When an air pollution control program conducted by a
political subdivision, or a combination of them political
subdivisions , is deemed upon review , as provided in section
455B.134 , to be consistent with the provisions of this
subchapter II or the rules established under this 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
subchapter II or the rules established under this 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.
Sec. 106. Section 461A.35, subsection 1, Code 2023, is
amended to read as follows:
1. It shall be Except upon the terms, conditions,
limitations, and restrictions as set forth by the commission,
it is unlawful for any person to use, enjoy the privileges
of, destroy, injure, or deface plant life, trees, buildings,
or other natural or material property ; , or to construct or
operate for private or commercial purposes any structure ; , or
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to remove any plant life, trees, buildings, sand, gravel, ice,
earth, stone, wood, or other natural material , ; or to operate
vehicles , within the boundaries of any state park, preserve,
or stream or any other lands or waters under the jurisdiction
of the commission for any purpose whatsoever , except upon the
terms, conditions, limitations, and restrictions as set forth
by the commission .
Sec. 107. Section 461A.64, Code 2023, is amended to read as
follows:
461A.64 Time and place.
Said The hearing under section 461A.63 shall be held not be
less than ten days nor more than thirty days from the date of
the last publication and shall be held of the notice in the
office of the commission or such other place as the commission
shall decide.
Sec. 108. Section 468.65, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. If they find the board finds the assessments to be
generally inequitable they shall order a reclassification of
all property subject to assessment, such as lands, highways,
and railroads in said district.
Sec. 109. Section 468.102, Code 2023, is amended to read as
follows:
468.102 Objections.
Any party interested in the said district or the improvement
thereof may file objections to said the report made under
section 468.101 and submit any evidence tending to show said
that the report should not be accepted. Any interested party
having a claim for damages arising out of the construction of
the improvement or repair shall file said the claim with the
board at or before the time fixed for hearing on the completion
of the contract, which claim shall not include any claim for
land taken for right-of-way or for severance of land.
Sec. 110. Section 468.104, Code 2023, is amended to read as
follows:
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468.104 Abandonment of work.
In case any contractor abandons or fails to proceed
diligently and properly with the work before completion, or in
case the contractor fails to complete the same work in the time
and according to the terms of the contract, the board shall
make written demand on the contractor and the contractor’s
surety to proceed with the work within ten days. Service of
said the demand may be personal, or by certified mail addressed
to the contractor and the surety, respectively, at their places
of residence or business, as shown by the records in the
auditor’s office.
Sec. 111. Section 468.275, Code 2023, is amended to read as
follows:
468.275 Contents of notice —— service.
Such The notice under section 468.274 shall state the time
and place, when , and where the boards of the several counties
will meet in joint session for the consideration of said the
petition and the report of the commissioners and engineer
thereon, and . The notice shall in other respects be the same
and served in the same time and manner as required when the
district is wholly within one county, except that the auditor
of each county shall give notice only to the owners, occupants,
encumbrancers, and lienholders of the lots and tracts of land
embraced within the proposed district in the auditor’s own
county as shown by the records of such county.
Sec. 112. Section 468.321, Code 2023, is amended to read as
follows:
468.321 Funding bonds.
Such cities may issue their funding bonds for the purpose of
securing money to pay any assessment against it the property of
the district as provided by law.
Sec. 113. Section 468.325, Code 2023, is amended to read as
follows:
468.325 Jurisdiction of municipality.
After the drainage district has been taken over by the
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city, it the city shall have complete control thereof of
the district , and may use the same district for any purpose
that said the city through its city council deems proper
and necessary for the advancement of the city or its health
or welfare , and the . The city shall be responsible for the
maintenance and upkeep of said the drainage district only from
and after its relinquishment of the district by the board of
supervisors to the city.
Sec. 114. Section 478.17, Code 2023, is amended to read as
follows:
478.17 Access to lines —— damages.
Individuals or corporations operating transmission lines
shall have reasonable access to the transmission lines for the
purpose of constructing, reconstructing, enlarging, repairing,
or locating the poles, wires, or construction and other
devices used in or upon any line, but shall pay to the owner
of the lands and of crops all on the lands all damages to the
lands or crops caused by entering, using, and occupying the
lands for those purposes. This section shall not prevent the
execution of an agreement between the person or company owning
or operating the lines and the owner of the land or crops
regarding the use of the land.
Sec. 115. Section 481A.1, subsection 32, Code 2023, is
amended to read as follows:
32. “Take” or “taking” or “attempting to take” or “hunt”
is any pursuing, or any hunting, fishing, killing, trapping,
snaring, netting, searching for or shooting at, or stalking or
lying in wait for any game, animal, bird, or fish protected
by the state laws or rules adopted by the commission whether
or not such animal be then subsequently captured, killed, or
injured.
Sec. 116. Section 481A.26, Code 2023, is amended to read as
follows:
481A.26 Unlawful transportation.
No Except as otherwise provided, in any one day, a person ,
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except as otherwise provided, shall not ship, carry , or
transport in any one day, game, fish, birds, or animals, except
fur-bearing animals , in excess of the number the person is
legally permitted to be in possession of such a person possess .
Sec. 117. Section 481A.89, Code 2023, is amended to read as
follows:
481A.89 Permit to hold hides.
Upon application, which shall be filed with the commission
within ten days after the close of the open season, any person
may be permitted to hold hides or skins of fur-bearing animals
lawfully taken for a longer time than specified above in
section 481A.87 . Such application shall be verified and shall
show the number and varieties of the skins or hides to be
held by the applicant. The commission shall thereupon issue
a permit to such applicant to hold such skins or hides, which
permit shall authorize the holder to sell or otherwise dispose
of such skins or hides.
Sec. 118. Section 483A.7, subsection 5, Code 2023, is
amended to read as follows:
5. The commission shall authorize a person hunting wild
turkey with a license that authorizes the use of a shotgun to
use a caliber .410 shotgun or a 28-gauge shotgun. A caliber
.410 shotgun or a 28-gauge shotgun used for hunting wild turkey
shall only shoot shot not smaller than shot size number 10.
Sec. 119. Section 496C.21, subsection 3, Code 2023, is
amended to read as follows:
3. A corporation subject to the provisions of this chapter
shall pay the biennial report filing fee and make the biennial
report in a form and manner and at the time specified in
chapter 490 .
Sec. 120. Section 514C.18, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
This section applies to the following classes of third-party
payment provider contracts or policies that are delivered,
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issued for delivery, continued, or renewed in this state on or
after July 1, 1999 :
Sec. 121. Section 515.13, Code 2023, is amended to read as
follows:
515.13 Reservation.
None of the The provisions of section 515.12, subsection 5,
shall not apply to any company heretofore that had organized
and was approved by the commissioner of insurance, but which
had not completed its organization on May 28, 1937 , nor shall
section . Section 515.12, subsection 5, also shall not apply
to any company already licensed to issue policies prior to May
28, 1937 .
Sec. 122. Section 515.20, Code 2023, is amended to read as
follows:
515.20 Guaranty capital.
1. A mutual company organized under this chapter may
establish and maintain guaranty capital of at least fifty
thousand dollars made up of multiples of ten thousand dollars,
divided into shares of not less than fifty dollars each, to be
invested as provided for the investment of insurance capital
and funds by section 515.35 .
2. Guaranty shareholders shall be members of the
corporation, and provision may be made for representation
of the shareholders of the guaranty capital on the board of
directors of the corporation. The representation shall not
exceed one-third of the membership of the board. Guaranty
shareholders in a mutual company are subject to the same
regulations of law relative to their right to vote as apply to
its policyholders.
3. The guaranty capital shall be applied to the payment
of the legal obligations of the corporation only when the
corporation has exhausted its assets in excess of the unearned
premium reserve and other liabilities. If the guaranty capital
is thus impaired, the directors may restore the whole, or
any part of the capital, by assessment on the corporation’s
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policyholders as provided for in section 515.18 .
4. By a legal vote of the policyholders of the corporation
at any regular or special meeting of the policyholders of the
corporation, the guaranty capital may be fully retired or
may be reduced to an amount of not less than fifty thousand
dollars, if the net surplus of the corporation together with
the remaining guaranty capital is equal to or exceeds the
amount of minimum assets required by this chapter for such
companies, and if the commissioner of insurance consents to
the action. Due notice of the proposed action on the part
of the corporation shall be included in the notice given to
policyholders and shareholders of any annual or special meeting
and notice of the meeting shall also be given in accordance
with the corporation’s articles of incorporation.
5. A company with guaranty capital, which has ceased to
do business, shall not distribute among its shareholders or
policyholders any part of its assets, or guaranty capital,
until it has fully performed, or legally canceled, all of its
policy obligations. Shareholders of the guaranty capital are
entitled to interest on the par value of their shares at a
rate to be fixed by the board of directors and approved by the
commissioner, cumulative, payable semiannually, and payable
only out of the surplus earnings of the company. However, the
surplus account of the company shall not be reduced by the
payment of the interest below the figure maintained at the
time the guaranty capital was established. In addition, the
interest payment shall not be made unless the surplus assets
remaining after the payment of the interest at least equal
the amount required by the statutes of Iowa to permit the
corporation to continue in business.
6. In the event of the dissolution and liquidation of a
corporation having guaranty capital under this section , the
shareholders of the capital are entitled, after the payment of
all valid obligations of the company, to receive the par value
of their respective shares, together with any unpaid interest
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on their shares, before there may be any distribution of the
assets of the corporation among its policyholders. These
7. The provisions of this section are in addition to and
independent of the provisions contained in section 515.19 .
Sec. 123. Section 515.134, Code 2023, is amended to read as
follows:
515.134 Failure to attach —— effect.
The omission so to do shall not render the policy invalid,
but if If any company or association neglects to comply with
the requirements of section 515.133 , the omission shall not
render the policy invalid, but the company or association
shall forever be precluded from pleading, alleging, or proving
any such or establishing the falsity of the application or
representations, or any part thereof, or falsity thereof, or
any parts thereof of the application or representations , in
any action upon the policy , and the . The plaintiff in any
such action shall not be required, in order to recover against
the company or association, either to plead or prove such the
application or representation, but may do so at the plaintiff’s
option.
Sec. 124. Section 515A.18, subsection 1, Code 2023, is
amended to read as follows:
1. Any person, insurer , or rating organization to which
the commissioner has directed an order made without a hearing
may, within thirty days after receipt of the notice to it of
such the order, make written request to the commissioner for
a hearing thereon on the order . The commissioner shall hear
such party or parties conduct a hearing within twenty days
after receipt of such the request and shall give not less than
ten days’ written notice of the time and place of the hearing.
Within fifteen days after such the hearing the commissioner
shall affirm, reverse , or modify the previous action,
specifying the commissioner’s reasons therefor. Pending such
hearing and decision thereon the The commissioner may suspend
or postpone the effective date of the commissioner’s previous
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action until after the hearing and decision .
Sec. 125. Section 516A.1, subsection 2, Code 2023, is
amended to read as follows:
2. However, the named insured may reject all of such
coverage, or reject the uninsured motor vehicle ( or hit-and-run
motor vehicle ) coverage, or reject the underinsured motor
vehicle coverage, by written rejections signed by the named
insured. If rejection is made on a form or document furnished
by an insurance company or insurance producer, it shall be on a
separate sheet of paper which contains only the rejection and
information directly related to it. Such coverage need not be
provided in or supplemental to a renewal policy if the named
insured has rejected the coverage in connection with a policy
previously issued to the named insured by the same insurer.
Sec. 126. Section 521A.2, subsection 4, Code 2023, is
amended to read as follows:
4. Exemption from investment restrictions. Investments
in common stock, preferred stock, debt obligations or other
securities of subsidiaries made pursuant to subsection 3
of this section hereof shall not be subject to any of the
otherwise applicable restrictions or prohibitions contained in
the Code applicable to such investments of insurers.
Sec. 127. Section 521A.3, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The statement to be filed with the commissioner hereunder
under this section shall be made under oath or affirmation and
shall contain the following:
Sec. 128. Section 521A.4, subsection 8, Code 2023, is
amended to read as follows:
8. Consolidated filing. The commissioner may require or
allow two or more affiliated insurers subject to registration
hereunder under subsection 1 of this section to file a
consolidated registration statement or consolidated reports
amending their consolidated registration statement or their
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individual registration statements.
Sec. 129. Section 521A.9, Code 2023, is amended to read as
follows:
521A.9 Injunctions —— prohibitions against voting securities
—— sequestration of voting securities.
1. Injunctions. Whenever it appears to the commissioner
that any insurer or any director, officer, employee, or agent
thereof has committed or is about to commit a violation of
this chapter or any rule, regulation, or order issued by the
commissioner hereunder under this chapter , the commissioner
may apply to the district court of the county in which the
principal office of the insurer is located or if such insurer
has no such office in this state then to the district court
of Polk county for an order enjoining such insurer or such
director, officer, employee, or agent thereof from violating
or continuing to violate this chapter or any such rule,
regulation, or order, and for such other equitable relief as
the nature of the case and the interests of the insurer’s
policyholders, creditors, and shareholders or the public may
require.
2. Voting of securities —— when prohibited. No security
which is the subject of any agreement or arrangement regarding
acquisition, or which is acquired or to be acquired, in
contravention of the provisions of this chapter or of any rule,
regulation, or order issued by the commissioner hereunder under
this chapter may be voted at any shareholders’ meeting, or may
be counted for quorum purposes, and any action of shareholders
requiring the affirmative vote of a percentage of shares
may be taken as though such securities were not issued and
outstanding; but no action taken at any such meeting shall
be invalidated by the voting of such securities, unless the
action would materially affect control of the insurer or unless
the district court has so ordered. If any insurer or the
commissioner has reason to believe that any security of the
insurer has been or is about to be acquired in contravention of
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the provisions of this chapter or of any rule, regulation, or
order issued by the commissioner hereunder under this chapter
the insurer or the commissioner may apply to the district court
of Polk county or to the district court for the county in which
the insurer has its principal place of business to enjoin any
offer, request, invitation, agreement, or acquisition made
in contravention of section 521A.3 or any rule, regulation,
or order issued by the commissioner thereunder under section
521A.3 to enjoin the voting of any security so acquired, to
void any vote of such security already cast at any meeting of
shareholders, and for such other equitable relief as the nature
of the case and the interests of the insurer’s policyholders,
creditors, and shareholders or the public may require.
3. Sequestration of voting securities. In any case
where a person has acquired or is proposing to acquire any
voting securities in violation of this chapter or any rule,
regulation, or order issued by the commissioner hereunder
under this chapter , the district court of Polk county or the
district court for the county in which the insurer has its
principal place of business may, on such notice as the court
deems appropriate, upon the application of the insurer or the
commissioner seize or sequester any voting securities of the
insurer owned directly or indirectly by such person, and issue
such orders with respect thereto as may be appropriate to
effectuate the provisions of this chapter . Notwithstanding any
other provisions of law, for the purposes of this chapter the
situs of the ownership of the securities of domestic insurers
shall be deemed to be in this state.
Sec. 130. Section 523A.501, subsection 1, Code 2023, is
amended to read as follows:
1. A person shall not advertise, sell, promote, or offer
to furnish cemetery merchandise, funeral merchandise, funeral
services, or a combination thereof when performance or delivery
may be more than one hundred twenty days following the initial
payment on the account without unless the person has a preneed
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seller’s license.
Sec. 131. Section 524.228, subsection 1, Code 2023, is
amended to read as follows:
1. If it appears to the superintendent that a state bank,
or any director, officer, employee, or substantial shareholder
of the state bank is engaging in or is about to engage in an
unsafe or unsound practice or dishonest act in conducting the
business of the state bank that is likely to cause insolvency
or substantial dissipation of assets or earnings of the state
bank, or is likely to seriously weaken the condition of the
state bank or otherwise seriously prejudice the interests of
its depositors prior to the completion of the proceedings
conducted pursuant to section 524.223 , 524.606, subsection
2 , or 524.707, subsection 2 , the superintendent may issue an
emergency order requiring the state bank, director, officer,
employee, or substantial shareholder to cease and desist from
any such practice or act, and to take affirmative action,
including suspension of the director, officer, or employee to
prevent such insolvency, dissipation, condition, or prejudice
pending completion of the proceedings. The emergency order
becomes effective upon service upon the state bank, or upon
the director, officer, employee, or substantial shareholder
of the state bank and, unless . Unless set aside, limited, or
suspended by a court as provided in this chapter , the emergency
order remains effective and enforceable pending the completion
of the administrative proceedings pursuant to the emergency
order and until such time as the superintendent dismisses the
charges specified in the emergency order , or, if . If a final
cease and desist order is issued against the state bank or the
director, officer, employee, or substantial shareholder , the
emergency order remains in effect until the effective date of
the final order.
Sec. 132. Section 524.536, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. A shareholder, or the shareholder’s agent or attorney,
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is entitled on written demand to inspect the list at any
time during usual business hours and at the shareholders’
shareholder’s expense, during the period it is available for
inspection.
Sec. 133. Section 524.1301, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A majority of the incorporators, organizers, or initial
directors of a state bank that has not issued shares or has not
commenced business may dissolve the state bank by delivering
articles of dissolution to the superintendent, together with
the applicable filing fees , for filing with the secretary of
state that set forth all of the following:
Sec. 134. Section 524.1404, Code 2023, is amended to read
as follows:
524.1404 Procedure after approval by the superintendent ——
issuance of certificate of merger.
If applicable state or federal laws require the approval of
the merger by a federal or state agency, the superintendent may
withhold delivery of the approved articles of merger until the
superintendent receives notice of the decision of such agency.
If the final approval of the agency is not given within six
months of the superintendent’s approval, the superintendent
shall notify the parties to the plan of merger that the
approval of the superintendent has been rescinded for that
reason. If such agency gives its approval, the superintendent
shall deliver the articles of merger, with the superintendent’s
approval indicated on the articles, to the secretary of state,
and shall notify the parties to the plan of merger. The
receipt of the approved articles of merger by the secretary of
state constitutes filing of the articles of merger with that
office. On the date upon which the merger is effective , the
secretary of state shall issue and send a certificate of merger
and send the same to the resulting state bank and send a copy of
the certificate of merger to the superintendent.
Sec. 135. Section 524.1504, subsection 1, paragraph f, Code
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2023, is amended to read as follows:
f. The number of shares or member votes voted for and
against such amendment, respectively, and if the shares of any
class are entitled to vote thereon on the amendment as a class,
the number of shares of each such class voted for and against
such amendment.
Sec. 136. Section 524.1611, Code 2023, is amended to read
as follows:
524.1611 Offenses involving employees of banking division.
1. Any person violating the provisions of section 524.211,
subsection 1 , shall be guilty of a fraudulent practice, and
shall be subject to a further fine of a sum equal to the amount
of the value of the property given or received or the money so
loaned or borrowed. An employee of the division of banking
convicted of a violation of such section 524.211, subsection 1,
shall be immediately discharged from employment and shall be
forever disqualified from holding any position in the banking
division.
2. Any examiner violating the provision of section
524.212 shall be guilty of a serious misdemeanor. Any
examiner convicted of a violation of section 524.212 shall be
immediately discharged from employment and shall be forever
disqualified from holding any position in the banking division.
Sec. 137. Section 536.21, Code 2023, is amended to read as
follows:
536.21 Rules.
The superintendent is hereby authorized and empowered to
adopt such reasonable and relevant rules pursuant to chapter
17A as may be necessary for the execution and the enforcement
of the provisions of this chapter , . Rules adopted shall be
in addition hereto to and not inconsistent herewith with the
requirements of this chapter .
Sec. 138. Section 536.26, subsection 5, Code 2023, is
amended to read as follows:
5. If a borrower procures insurance by or through a
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licensee, the licensee shall cause to be delivered to the
borrower a copy of the policy within fifteen days from the date
such insurance is procured. No licensee shall decline new or
existing insurance which meets the standards set out herein
in this section nor prevent any obligor from obtaining such
insurance coverage from other sources.
Sec. 139. Section 537.2307, Code 2023, is amended to read
as follows:
537.2307 Restrictions on interest in land as security.
With respect to a supervised loan in which the rate of
finance charge is in excess of fifteen percent computed
according to the actuarial method, and the amount financed is
two thousand dollars or less, a lender may shall not contract
for a security interest in real property used as a residence
for the consumer or the consumer’s dependents. A security
interest taken in violation of this section is void.
Sec. 140. Section 543B.35, Code 2023, is amended to read as
follows:
543B.35 Hearing on charges.
The real estate commission shall, upon request of the
applicant as provided in section 543B.19 , or before revoking
any license, set the matter down for a hearing and at . At
least twenty days prior to the date set for the hearing it , the
commission shall notify send a written notice to the applicant
or licensee in writing, which said notice shall contain
containing an exact statement of the charges made and the date
and place of the hearing. The At the hearing, an applicant
or licensee at all such hearings shall have the opportunity
to be heard in person and by counsel in reference thereto .
Such The written notice of hearing may be served by delivery
personally to the applicant or licensee or by mailing the same
notice by certified mail to the last known business address of
such applicant or licensee. If such applicant or licensee be
is a salesperson, the commission shall also notify the broker
employing the salesperson , or into whose employ the salesperson
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is about to enter , by mailing such notice by certified mail to
the broker’s last known business address. The hearing on such
the charges shall be at such time and place as the commission
shall prescribe.
Sec. 141. Section 543B.44, Code 2023, is amended to read as
follows:
543B.44 Complaints referred to court.
The real estate commission may refer a complaint for
violation of section 543B.1 before any court of competent
jurisdiction , and it . The commission may also take the
necessary legal steps through the proper legal officers of
this state to enforce the provisions hereof of and collect the
penalties herein provided in this chapter .
Sec. 142. Section 558.7, Code 2023, is amended to read as
follows:
558.7 Assignment of certificate of entry deemed deed.
When An assignment shall have the same force and effect
as a deed of conveyance and shall be conclusively presumed
to carry all right, title, and interest of the patentee of
the real estate, the same as though a deed of conveyance had
been subsequently executed by the patentee or assignor to a
subsequent grantor, when the record shows:
1. That the original entry, certificate of entry, receipt,
or duplicate thereof has been assigned;
2. That prior or subsequent to such assignment, the United
States or state issued a patent or conveyance to the assignor;
3. That no deed of conveyance appears on record from the
person who made the original entry or assignor to the assignee;
and
4. That the present record owner holds title under such
assignment ; such assignment shall have the same force and
effect as a deed of conveyance and shall be conclusively
presumed to carry all right, title, and interest of the
patentee of said real estate, the same as though a deed of
conveyance had been subsequently executed by the patentee or
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assignor to a subsequent grantor .
Sec. 143. Section 562B.26, Code 2023, is amended to read as
follows:
562B.26 Failure to maintain by tenant.
If there is noncompliance by the tenant with section 562B.18
materially affecting health and safety that can be remedied
by repair, replacement of a damaged item , or cleaning and the
tenant fails to comply as promptly as conditions require in
case of emergency or within fourteen days after written notice
by the landlord specifying the breach and requesting that the
tenant remedy it within that period of time, the landlord may
enter the mobile home space, and cause the work to be done in a
skillful manner and . The landlord may submit an itemized bill
for the actual and reasonable cost or the fair and reasonable
value thereof as additional rent on the next date when periodic
rent is due, or if the rental agreement was terminated, for
immediate payment.
Sec. 144. Section 633.220, Code 2023, is amended to read as
follows:
633.220 Afterborn heirs —— time of determining relationship.
Heirs of an intestate, begotten conceived before but born
after the intestate’s death but born thereafter , shall inherit
as if they had been born in the lifetime of the intestate and
had survived the intestate. With this exception, the intestate
succession shall be determined by the relationships existing at
the time of the death of the intestate.
Sec. 145. Section 633.496, Code 2023, is amended to read as
follows:
633.496 Foreign probated wills.
A will probated in any other state or country shall be
admitted to probate in this state upon the production of a copy
thereof of the will and of the original record of probate , .
The will and record of probate must be authenticated by the
certificate of the clerk of the court in which such probation
was made the will was probated , or, if there be is no clerk,
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then by the certificate of the judge of such the court, and
by the seal of office of such that officer if the officer or
office has a seal.
Sec. 146. Section 639.48, Code 2023, is amended to read as
follows:
639.48 Perishable property —— examination.
When the sheriff thinks the property attached is in danger
of serious and immediate waste and decay, or when the keeping
of the same property will necessarily be attended with such
expense as greatly to depreciate the amount of proceeds to be
realized therefrom, or when the plaintiff makes an affidavit to
that effect, the sheriff may summon three persons having the
qualifications of jurors to examine the same property .
Sec. 147. Section 659A.3, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Except as otherwise provided in section 659A.4 , a depicted
individual who is identifiable and who suffers harm from a
person’s intentional disclosure or threatened disclosure ,
without the depicted individual’s consent, of an intimate image
that was private without the depicted individual’s consent has
a cause of action against the person , if the person knew, or
acted with reckless disregard regarding, all of the following:
Sec. 148. Section 664A.7, subsection 5, Code 2023, is
amended to read as follows:
5. Violation of a no-contact order entered for the offense
or alleged offense of domestic abuse assault in violation
of section 708.2A , or for the offense or alleged offense of
older individual assault in violation of section 708.2D , or
a violation of a protective order issued pursuant to chapter
232 , 235F , 236 , 236A , 598 , or 915 constitutes a public offense
and is punishable as a simple misdemeanor. Alternatively,
the court may hold a person in contempt of court for such a
violation, as provided in subsection 3 .
Sec. 149. Section 692A.128, subsection 3, paragraph f, Code
2023, is amended to read as follows:
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f. The sex offender is not incarcerated when the application
is filed.
(1) A tier I offender must not have been convicted of any
criminal offense other than a simple misdemeanor, or a simple
or serious misdemeanor or traffic violation under chapter 321 ,
for the ten-year period immediately preceding the filing of the
application.
(2) A tier II or tier III offender shall not have been
convicted of any criminal offense other than a simple
misdemeanor, or a simple or serious misdemeanor or traffic
violation under chapter 321 , for the fifteen-year period
immediately preceding the filing of the application.
Sec. 150. Section 692A.128, subsection 3, Code 2023, is
amended by adding the following new paragraphs:
NEW PARAGRAPH . g. A tier I offender must not have
been convicted of any criminal offense other than a simple
misdemeanor, or a simple or serious misdemeanor or traffic
violation under chapter 321, for the ten-year period
immediately preceding the filing of the application.
NEW PARAGRAPH . h. A tier II or tier III offender shall not
have been convicted of any criminal offense other than a simple
misdemeanor, or a simple or serious misdemeanor or traffic
violation under chapter 321, for the fifteen-year period
immediately preceding the filing of the application.
Sec. 151. Section 708.2D, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Except as otherwise provided in subsection 2 , on a second
offense of older individual assault, a person commits:
Sec. 152. Section 714I.3, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Use or provide a patient with human reproductive material
for assisted reproduction that is not used or provided with the
donor’s consent or in a manner or to an extent other than that
to which the donor consented.
Sec. 153. Section 726.24, subsection 11, Code 2023, is
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amended to read as follows:
11. If a person is convicted or of, receives a deferred
judgment for, or pleads guilty to a violation of this section ,
the court shall modify the no-contact order issued upon initial
appearance in the manner provided in section 664A.5 , regardless
of whether the person is placed on probation.
Sec. 154. Section 815.7, subsection 6, Code 2023, is amended
to read as follows:
6. For appointments made on or after July 1, 2021, through
June 30, 2022, the reasonable compensation shall be calculated
on the basis of seventy-six dollars per hour for class “A”
felonies, seventy-one dollars per hour for class “B” felonies,
and sixty-six dollars per hour for all other cases.
Sec. 155. 2022 Iowa Acts, chapter 1050, section 1, is
amended by striking the section and inserting in lieu thereof
the following:
SECTION 1. Section 511.8, subsection 22 , paragraph b,
subparagraph (2), unnumbered paragraph 1, Code 2022, is amended
to read as follows:
Be between an insurer and a conduit and be collateralized
by cash or obligations which are eligible under subsection
1, 2, 3, 5, 19, or 24 , are deposited with a custodian bank
as defined in subsection 21 , and are held under a written
agreement with the custodian bank that complies with subsection
21 and provides for the proceeds of the collateral, subject to
the terms and conditions of the applicable collateral or other
credit support agreement, to be remitted to the legal reserve
deposit of the company or association and to vest in the state
in accordance with section 508.18 whenever proceedings under
that section are instituted. Paragraphs “c” , “d” , and “e” of
this subsection are not applicable to investments in financial
instruments used in hedging transactions eligible pursuant to
this subparagraph. As used in this subparagraph, “conduit”
means a person within an insurer’s insurance holding company
system, as defined in section 521A.1 , subsection 7, which
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aggregates hedging transactions by other persons within the
insurance holding company system and replicates them with
counterparties.
Sec. 156. 2022 Iowa Acts, chapter 1099, section 106, is
amended to read as follows:
SEC. 106. APPLICABILITY. This division of this Act applies
to agreements entered into between a restaurant and a food
delivery platform on or after the effective date of this
division of this Act.
Sec. 157. 2022 Iowa Acts, chapter 1131, section 78, is
amended to read as follows:
SEC. 78. APPLICABILITY. This division of this Act applies
to health carriers that deliver, issue for delivery, continue,
or renew a policy, contract, or plan in this state on or after
the effective date of this division of this Act.
Sec. 158. REPEAL. Section 97D.3, Code 2023, is repealed.
DIVISION II
EFFECTIVE DATE AND APPLICABILITY PROVISIONS
Sec. 159. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this Act amending section 388.3,
subsection 6.
2. The section of this Act amending section 422.12C,
subsection 4.
3. The section of this Act amending 2022 Iowa Acts, chapter
1050, section 1.
4. The section of this Act amending 2022 Iowa Acts, chapter
1099, section 106.
5. The section of this Act amending 2022 Iowa Acts, chapter
1131, section 78.
Sec. 160. RETROACTIVE APPLICABILITY. The following applies
retroactively to June 14, 2022:
The section of this Act amending 2022 Iowa Acts, chapter
1131, section 78.
Sec. 161. RETROACTIVE APPLICABILITY. The following apply
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retroactively to July 1, 2022:
1. The section of this Act amending 2022 Iowa Acts, chapter
1050, section 1.
2. The section of this Act amending 2022 Iowa Acts, chapter
1099, section 106.
Sec. 162. RETROACTIVE APPLICABILITY. The following applies
retroactively to January 1, 2023:
The section of this Act amending section 422.12C, subsection
4.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill contains statutory corrections which may adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities. The Code
sections amended include the following:
Division I:
Section 9C.9: Replaces the word “hereof” with “of this
chapter” to clarify the meaning of this provision prohibiting
sales by transient merchants in violation of the restrictions,
licensing, and product representation requirements of Code
chapter 9C.
Section 9G.4: Replaces the words “therein”, “thereof”, and
“they” with more specific language, divides a long sentence
into three sentences, and updates other language to clarify
this provision relating to documents and records kept by the
land office of the state.
Section 15E.305: Strikes the words “of the aggregate
amount of tax credits authorized” from language limiting the
amount of endow Iowa tax credits that may be granted to a
taxpayer to reflect the change made in 2022 Iowa Acts, chapter
1002, section 48, to change the amount of tax credits from a
percentage of the aggregate to a fixed dollar amount.
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Section 15F.403: Adds the words “and infrastructure” to a
reference to the “sports tourism marking program” to conform
this program reference by name to the name used to identify the
program established in Code section 15F.401.
Section 24.30: Divides a long sentence into two sentences,
replaces the words “it” and “herein” with specific language,
and replaces the word “said” with the word “the” to clarify and
update the language of this Code section describing the duties
and powers of the state appeal board with respect to appeals on
proposed budget expenditures, tax levies, and tax assessments.
Section 27A.1: Adds, to this definitions Code section for
the Code chapter pertaining to enforcement of immigration
laws, an unnumbered paragraph relating to the applicability of
the definitions to the Code chapter, to conform the style of
this Code section to the style used in other definitions Code
sections for Code chapters elsewhere in the Code.
Section 29C.6: Changes the word “or” to “of” to conform
the meaning of this sentence to the meaning of the rest of
the language of this Code subsection regarding gubernatorial
recommendations relating to repayment of loans received
from the federal government by local governments following a
disaster emergency, when local revenues are insufficient to
meet local operating expenses.
Section 34A.8: Changes the word “section” to “paragraph” in
penalty language that appears to be limited to the paragraph
containing the prohibition against the improper use of local
exchange service information by persons providing 911 emergency
telephone service or related mass notifications and emergency
messaging services.
Section 41.1: Adds the words “in Marshall county” to this
provision relating to territory that is exclusively within
Marshall county to conform the style of this provision to other
similar descriptions of representative districts that lie
within a single county.
Section 43.2: Replaces the words “the foregoing definition”
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with the words “this paragraph” to conform language describing
a duty of the state commissioner of elections to the style of
other language used elsewhere in the Code to specify the source
of authority for performance of a duty.
Section 43.50: Redrafts, to add specific citations
and descriptors, to clarify the language describing the
responsibility of a board of supervisors to sign, certify the
correctness of, and file abstracts of the canvass of votes cast
in primary elections.
Section 43.60: Strikes the phrase, word, and abbreviation
“to the same”, “it”, and “, viz.” and inserts the words “the
abstract” to update the style and clarify language relating to
separate abstracts of the canvass of votes cast for state and
federal offices.
Section 85.18: Redrafts to update the style of and clarify
the meaning of the word “herein” in this Code section that
provides that an employer’s workers’ compensation liability
cannot be relieved by any contract, rule, or device, but that
this statutory requirement does not create a private cause of
action.
Section 85.38: Replaces the word “herein” with “in this
chapter” to clarify the meaning of this provision that defines
how the liability of an employer for an employee’s injury or
death while in the employer’s employment may be determined.
Section 85.42: Redrafts and reformats terminology to use
the style and emphasis used for defined terms elsewhere in the
Code, and replaces the word “herein” with the words “in this
subsection”, to clarify the meaning of language that describes
which children are conclusively presumed to be dependent upon a
deceased employee for purposes of the Code chapter governing
workers’ compensation.
Section 85.64: Replaces archaic language with more specific
language, reformats a reference to the second injury fund to
be consistent with other references to that fund, and strikes
redundant language to update and clarify this Code section
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limiting benefits for compensable injuries for employees who
have preexisting disabilities.
Section 85A.2: Replaces a reference to “hereinafter” and
“thereto” with chapter references to clarify this provision
describing which employers are subject to the requirements of
the Code chapter governing occupational disease compensation.
Section 89.4: Replaces the word “therewith” with the phrase
“with steam heating boilers” to clarify this exception to the
application of the requirements of this Code chapter governing
boilers and unfired steam pressure vessels.
Section 89.12: Replaces the word “herein” with a chapter
reference to clarify the extent to which the general provisions
relating to civil practice and procedure apply to hearings
before the labor commissioner regarding boilers and unfired
steam pressure vessels.
Section 96.2: Replaces the word “herein” with a chapter
reference to clarify language articulating the policy of the
state for purposes of interpretation and application of the
Code chapter pertaining to unemployment compensation.
Section 96.5: Replaces the word “hereof”, that appears
immediately after a reference to Code section 96.1A, with a
reference to subsection 7 of this Code section, to clarify
which Code paragraph provisions are being referenced, in
language relating to how wages that are vacation pay should be
allocated for purposes of unemployment compensation.
Section 97B.42: Replaces the word “herein” with a chapter
reference to clarify this provision prohibiting an employer
from making contributions on behalf of an employee in the same
position, for the same period of time, to both the Iowa public
employees’ retirement system and any other publicly supported
retirement system.
Section 97D.3: Repeals this obsolete provision that calls
for the holding of a referendum as soon as possible after
July 1, 1990, regarding mandatory coverage of newly hired
peace officers, police officers, and fire fighters, under the
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federal Social Security Act. Representatives from the Iowa
public employees’ retirement system and the department of
administrative services have indicated that the referendum was
held in 1991 and this Code section is obsolete.
Section 100.33: Divides a long sentence into two sentences
and supplies missing language to update and clarify this
provision describing the filing and publication of the annual
report of the state fire marshal.
Sections 123.32, 123.34, 123.39, 123.46A, 123.49, and
123.50: Strikes the words “or permit” or “or permittee” from
these provisions regulating the conduct of retail alcohol
licensees, the employees of licensees, and other persons to
reflect changes made in 2022 Iowa Acts, chapter 1099, that
altered the authorization granted to persons in the business
of selling or dispensing alcoholic beverages at retail from
licenses and permits to licenses.
Section 123.56: Adds the words “for the county or city”,
the indefinite article “an”, and changes the words “arising
from” to “occurring at” to clarify this provision relating to
the procedure for the abatement of public safety nuisances on
premises licensed under this Code chapter relating to alcoholic
beverage control.
Section 123.173: Strikes the word “permittee” and inserts
the words “alcohol licensee” in this provision relating to
delivery or transfer of wine between unlicensed or licensed
premises to reflect the changes made in 2022 Iowa Acts, chapter
1099, that changed the nature of the authority granted to
persons in the business of selling or dispensing alcoholic
beverages at retail from licenses and permits to licenses.
Section 124.204: Corrects the chemical names of four
schedule I controlled substances to conform to the names of
those substances as listed in the federal regulations under 21
C.F.R. pt. 1308.
Section 125.77: Strikes the words “district court judge, a
district associate judge, or” and leaves the word “magistrate”,
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in this provision relating to notice of the filing of an
application for the involuntary civil commitment or treatment
of a person with a substance-related disorder, to reflect the
addition of a definition of the term “magistrate” by 2022 Iowa
Acts, chapter 1071, section 2, that includes all judges of
the district court, including district associate judges and
judicial magistrates.
Section 147E.1: Changes the words “herein” and “hereunder”
to “in this compact” and “under this compact” to improve the
clarity of these provisions relating to the construction,
interpretation, and the effect of the provisions contained in
the occupational therapy licensure compact.
Section 152.1: Moves language, relating to application of
scientific principles to the duties listed that are part of
the practice of nursing, to the end of a subsection and adds a
reference to the new practice that was added by 2022 Iowa Acts,
chapter 1108, section 1, to the list of references to duties to
which scientific principles should be applied.
Section 189A.7: Changes the words “said secretary” to “the
secretary of agriculture of the United States” to clarify the
meaning of language describing a possible duty of the Iowa
secretary of agriculture under the federal Meat Inspection Act
and federal Poultry Products Inspection Act.
Section 189A.17: Changes two references to “herein” to
“under this section” and “in this section” to clarify these
provisions relating to proceedings before or investigations by
the Iowa secretary of agriculture pertaining to premises where
animals or poultry are slaughtered or otherwise prepared.
Section 206.2: Redrafts to improve the clarity of a
description of what constitutes an “active ingredient” in a
pesticide.
Section 232.78: Adds a reference to the new paragraph “b”,
to this provision relating to the statement of facts to support
court findings that must be contained within an application
for an ex parte order for the taking of a child into custody,
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to correct an error made when new paragraph “b” was created by
2022 Iowa Acts, chapter 1098, section 24. The 2022 Act added
new language requiring an additional finding that must be made
by the court and designated that new finding as paragraph “b”
and moved the existing finding contained in paragraph “b” to
paragraph “c”, but did not redesignate the existing paragraph
“c” or “d” or revise the existing internal references to
reflect the changes that had been made.
Section 232.104: Changes a reference to Code section
232.102, subsection 12, to a reference to Code section
232.102A, subsection 4, in this provision relating to
the timing of a permanency hearing for a child subject to
out-of-home placement, to reflect the movement of the language
describing when the waiver of reasonable efforts may be made by
the court from Code section 232.102 to Code section 232.102A by
2022 Iowa Acts, chapter 1098.
Section 256.84: Updates an internal reference that was
inadvertently missed in 2006 when subsection 5 of this section
relating to the powers of the Iowa public broadcasting board
regarding facilities and equipment was stricken by 2006 Iowa
Acts, chapter 1185, section 27, and the subsequent subsections
were renumbered.
Section 257.3: Adds a reference to Code section 427B.19,
subsection 3, to clarify this provision describing how the
foundation property tax portion of payments to school districts
for tax replacement claims for industrial machinery, equipment,
and computers should be calculated.
Section 261.73: Adds the words “all of” to the prefatory
paragraph of this provision, describing the requirements that
an applicant for loan forgiveness under the chiropractic
loan forgiveness program must meet, to conform to the style
currently used in paragraphs preceding lists of requirements
when all requirements in the list must be met.
Section 261.116: Adds the words “all of” to the prefatory
paragraph of this provision, describing the requirements that
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an applicant for a financial award under the health care
award program must meet, to conform to the style currently
used in paragraphs preceding lists of requirements when all
requirements in the list must be met.
Section 262.44: Replaces a reference to “hereinbefore”
with a reference to “in this section” to clarify the meaning
of this provision relating to the authority of the state board
of regents with respect to certain buildings, structures,
facilities, areas, additions, or improvements on the campuses
of the institutions of higher education under the board’s
control.
Section 262.58: Replaces references to “thereof” and
“thereto” with references to bonds or notes and replaces a
reference to “hereinbefore” with a reference to “in this
subchapter” to clarify the meaning and update the style of
this provision relating to rates and terms of bonds or notes
executed by the state board of regents.
Section 262.62: Replaces a reference to “hereinbefore” with
a reference to “in this subchapter” in this Code section that
provides that bonds or notes executed by the state board of
regents are not a charge against the state of Iowa and that
no taxes, appropriations, or other funds of the state may be
pledged or used for the bonds or notes.
Section 266.7: Replaces the word “said” with the word
“Purnell” to clarify this reference to the federal Purnell
Act in this provision allowing the treasurer of Iowa state
university of science and technology to receive grants of money
appropriated under that Act.
Section 280.13A: Strikes the words “governing” and “a
governing” that appear before the term “organization” and
inserts the definite article “the” in this provision relating
to school district or nonpublic school agreements relating to
student eligibility for interscholastic activities to reflect
the definition of the term “organization” under Code section
280.13.
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Section 282.20: Updates language to improve the readability
of this provision prohibiting the rebate of tuition or the
payment of any special compensation, privilege, or other thing
of value by a school district to any pupil or pupil’s parents
if the rebate or payment is not and cannot legally be made
available to all other pupils enrolled in the district.
Section 306.4: Redrafts to eliminate vague language,
updates the punctuation, and moves qualifying language to
improve the clarity and readability of this provision relating
to jurisdiction and control over the roads and streets of the
state.
Sections 306.28, 306.32, 306.33, and 306.34: Adds the
words “of supervisors” after references to “the board” and
updates archaic language and style to improve the clarity and
readability of these provisions relating to the procedures
applicable to changes in the course of any road, stream,
watercourse, or dry run.
Section 306.36: Moves language, adds the words “of
supervisors” after a reference to “the board”, and updates
the use of a verb to improve the clarity and readability of
this provision relating to rescission of orders for damages as
finally determined on appeal.
Section 306A.3: Updates to correct an internal reference
within this provision relating to the utility accommodation
policy of the state department of transportation to reflect the
editorial numbering of the paragraphs in this Code section in
2018.
Section 309.18: Numbers unnumbered paragraphs and updates
language to clarify this provision relating to the compensation
and duties of county engineers.
Sections 309.36, 309.40, and 309.41: Adds the word “county”
before the word “engineer’s” to clarify these provisions that
articulate some of the county engineer’s duties with respect to
the secondary road construction program.
Section 321.1: Rewrites to add the word “rubber” between
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the words “solid” and “tire” to reflect the language of this
definition and the fact that the term that is used within Code
chapter 321 is “solid rubber tire”, not “solid tire”.
Section 321.18: Replaces a reference to “herein” with
a reference to “in this chapter”, to clarify where the
definition of “special mobile equipment” may be found, in this
provision excepting special mobile equipment from the vehicle
registration requirements of Code chapter 321.
Section 321.28: Moves a qualifying phrase to the beginning
of this provision regarding the withholding of a vehicle’s
registration by a county treasurer if the owner fails to
register and pay the fees required for the registration of the
vehicle.
Section 321.29: Redrafts to improve the clarity and
readability of this provision requiring a new registration
for vehicles that have been removed from the state, and are
no longer subject to registration in the state, once those
vehicles are brought back into the state and are again subject
to registration.
Section 321.70: Changes the word “registered” to “licensed”
and changes a reference to Code chapter 321 to a reference to
Code chapter 322 to reflect, in this provision relating to
the vehicle registration requirements applicable to vehicle
dealers, that motor vehicle dealers are licensed under Code
chapter 322 and do not have registration requirements under
Code chapter 321.
Section 321.116: Strikes obsolete language relating to
annual registration fees for battery electric motor vehicles
that were required for calendar years 2020 and 2021.
Section 321.117: Strikes obsolete language relating to
annual registration fees for motorcycles that are battery
electric motor vehicles or plug-in hybrid electric motor
vehicles that were required for calendar years 2020 and 2021.
Section 321.166: Strikes, in language exempting certain
types of registration plates from a requirement that plates
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issued by a county display the name of the county, a reference
to Code section 321.34, subsection 13, paragraph “d”, that used
to relate to special registration plates that were issued to
state agencies, but was stricken by 2016 Iowa Acts, chapter
1068, section 1.
Section 321.235: Divides a long sentence into two sentences
and moves qualifying language to the beginning of a sentence,
to clarify and improve the readability of this Code section
that requires, unless specifically otherwise provided, the
uniform application of the Code chapter governing motor
vehicles and the law of the road.
Section 321.236: Divides a long sentence into two
sentences, adds clarifying language, and moves a qualifying
phrase to improve the clarity and readability of this provision
that articulates the powers and authority of local authorities
to regulate motor vehicles and roads and highways under their
jurisdiction.
Section 327D.69: Replaces the internal reference
“aforesaid” with specific references to Code sections 327D.66
and 327D.67 to improve the clarity and readability of this
provision relating to the production and inspection of rate
schedules of common carriers by any person.
Section 327D.187: Changes an internal reference to “herein”
to “in this section” to clarify the effect of this provision
relating to contracts of insurance, relief, benefit, or
indemnity between injured parties and railways on settlements
for damages between the parties after injuries have been
sustained.
Section 328.1: Replaces an internal reference to “herein”
with a reference to “in this section” to improve the clarity of
this definitions Code section for the Code chapter governing
aeronautics.
Section 328.36: Strikes an obsolete provision relating to
where aircraft registration fees collected for the fiscal year
beginning July 1, 2007, and ending June 30, 2008, should be
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deposited, in this provision regarding the deposit of various
moneys received by the state department of transportation into
the state aviation fund.
Section 329.1: Replaces an internal reference to “herein”
with a reference to “in this section”, to improve the clarity
of this definitions Code section for the Code chapter governing
airport zoning.
Section 331.389: Changes the word “the” to “a” in language
relating to mediation of disputes between counties and mental
health and disability services regions, to account for the fact
that more than one county may belong to a region.
Section 331.427: Strikes a reference to Code section
123.143, within a string of Code section references to Code
sections through which counties derive revenue, to account
for changes made to Code section 123.143, by 2022 Iowa Acts,
chapter 1099, section 69, to eliminate the flow of revenue
under that section to counties.
Section 335.10: Divides a long sentence into multiple
sentences, adds clarifying language, and updates other language
to improve the clarity and readability of this provision
relating to the appointment and duties of boards of adjustment
by county boards of supervisors.
Section 347.32: Adds a comma to set off a qualifying
clause and adds language that is currently implied, but not
specifically stated, in this provision relating to the property
tax status of county hospitals.
Section 357.7: Redrafts to update and improve the
readability and hypertext linkage of this Code section
pertaining to the procedure for the establishment of new
benefited water districts for which the proposed water source
for the district lies outside and not under the control of the
proposed district.
Section 357.9: Redrafts to improve the readability of this
provision relating to the compensation of the county engineer
involved in the formation of a proposed benefited water
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district by updating the language and including an internal
reference for hypertext linkage to a related provision.
Section 357.11: Adds two citations to related Code sections
in this provision regarding a hearing by the county board
of supervisors on a tentative design and plat of a proposed
benefited water district.
Section 357.16: Replaces archaic language with more
specific language and related Code section citations to improve
the readability of this provision regarding a second election
on the proposed design and assessment for a benefited water
district.
Section 357.30: Divides a long sentence into two sentences,
moves language, and updates ambiguous terminology, to improve
the clarity and readability of this Code section regarding the
addition of territory to a benefited water district.
Section 357.34: Updates archaic language and style to
improve the readability and clarity of this Code section
governing the conveyance of a benefited water district to a
city.
Section 357B.4: Changes the word “to” to “through” in a
string citation to clarify that the last Code section listed
is intended to be included in this provision relating to the
procedures applicable to bonds issued by a board of trustees
of a benefited fire district in anticipation of collection of
taxes, to fund the provision of fire protection.
Section 358.16: Replaces the word “herein” with “in this
section” to clarify the applicability of this provision
relating to the powers of a board of trustees of a sanitary
district.
Section 388.3: Changes a reference to “this section” to
a reference to “subsections 4 and 5” to reflect the scope
of the title and the balance of the contents of 2022 Iowa
Acts, chapter 1068, relating to removals of public utility
board members, and in which this subsection relating to the
applicability of the provisions was enacted. This change is
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made effective upon enactment in division II of the bill.
Section 414.1: Conforms a prefatory expression of an
exception in this provision relating to replacements of
preexisting manufactured, modular, or mobile homes with other
manufactured, modular, or mobile homes, to similar language
used elsewhere in the Code.
Section 422.7: Adds a comma before the last item in a
series and redrafts by adding the word and comma “However,” to
language to clarify a description of how a presumption that
real property classified as agricultural property is used in
farming may be overcome. The word “who” is also stricken from
a qualifying clause, that relates back to the word “taxpayer”,
to improve the readability and usage of language describing how
the net income of certain retired farmers should be calculated.
Section 422.12C: Restores language from 2019 Iowa Acts,
chapter 152, that was inadvertently deleted when changes from
2018 Iowa Acts, chapter 1161, were applied in 2022. The
language, as amended, is made effective upon enactment and
retroactively applicable to January 1, 2023, in division II of
the bill.
Section 422.16: Strikes the redundant words “as hereby
amended” from language relating to the withholding of income of
nonresidents that is subject to taxation in Iowa.
Section 422.72: Corrects a reference to an Iowa rule of
criminal procedure in this provision relating to the provision
of state tax returns and return information by the director
of revenue in response to subpoenas issued in certain drug or
money laundering criminal investigations.
Section 423.3: Strikes the word “retail” that appears
before the words “sales or use tax permit” to conform this
language, exempting the sales price of certain building
materials, supplies, equipment, or services from imposition of
sales or use taxes, to similar language elsewhere in the Code
after the changes made by 2022 Iowa Acts, chapter 1138, were
implemented.
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Section 423.4: Changes the words “who has” to “and be”
to conform to the related antecedent phrase “The person must
be” in this provision describing biodiesel producers who are
eligible to apply for a refund of the sales or use tax imposed
upon purchases made by that person.
Section 441.19: Moves language describing a condition
that does not relieve a taxpayer from the obligation to list
property for taxation to clarify this provision regarding the
listing and assessment of property by a county or city assessor
who is preparing the county or city assessment rolls.
Section 452A.84: Divides an existing sentence into two and
reinserts some of the language that was stricken by 2022 Iowa
Acts, chapter 1061, section 70, to clarify which funds should
be transferred to the marine fuel tax fund.
Section 455B.145: Changes the word “them” to “political
subdivisions” and adds a comma to set off a qualifying clause
to clarify this provision relating to the conditions under
which an air pollution control program that is conducted by a
political subdivision will be accepted by the director of the
department of natural resources.
Section 461A.35: Moves a qualifying phrase from the end
of the sentence to the beginning of the sentence and updates
the punctuation within a complex series to clarify this
provision that prohibits acts that remove, destroy, injure, or
deface property that is under the jurisdiction of the natural
resources commission in violation of the terms, conditions,
limitations, and restrictions set by the commission.
Section 461A.64: Adds a Code section citation and other
qualifying language to clarify this provision relating to
hearings on the establishment of water recreational areas.
Section 468.65: Replaces the words “they find” with “the
board finds” to improve the clarity and readability of this
provision relating to reclassifications of property that is
subject to assessment for payment of the expense of maintaining
and improving a drainage or levee district.
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Section 468.102: Updates archaic language and adds a
citation to the Code section requiring the engineer in charge
of construction of levee or drainage district improvements to
report that the work is completed, to improve the clarity of
this Code section allowing persons interested in the district
to object and present evidence showing that the report should
not be accepted, and to present claims for damages.
Section 468.104: Replaces archaic language with more
specific language to improve the clarity and style of this
provision relating to the procedures to be followed if a
contractor abandons or fails to proceed properly with the work
on levee or drainage district improvements.
Section 468.275: Adds a Code section citation to clarify the
notice referenced, divides a long sentence into two sentences,
and updates archaic language to clarify this provision
describing the contents and manner of service required for a
notice regarding the establishment of an intercounty drainage
or levee district.
Section 468.321: Changes the word “it” to “the property
of the district” to clarify this provision relating to
the issuance of funding bonds to secure money to pay for
assessments against property that is within a drainage or levee
district.
Section 468.325: Updates archaic language to improve the
clarity and readability of this provision relating to the
responsibilities of a city with respect to a drainage district
over which the city has assumed control.
Section 478.17: Changes “all” to “on” to correct a
typographical error made in 2022 Iowa Acts, chapter 1021,
section 126, when the word “thereon” was updated in this
provision relating to access to electric transmission lines.
Section 481A.1: Adds the word “or” before the last item to
complete and clarify this series describing what is meant by
the terms “take”, “taking”, “attempting to take”, or “hunt” for
purposes of the Code chapter relating to wildlife conservation.
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Section 481A.26: Moves language and redrafts to clarify
this provision prohibiting the transportation of wildlife in
numbers that are in excess of the number that a person is
allowed to possess.
Section 481A.89: Replaces a reference to “above” to “in
section 481A.87”, to clarify this provision relating to
applications for permits to hold hides or skins for an extended
period of time after the close of an open season.
Section 483A.7: Adds the missing word “wild” before the
word “turkey” in two places to conform the language of this
provision specifying the types of firearms that may be used
to the balance of this Code section relating to wild turkey
hunting licenses and tags.
Section 496C.21: Adds the word “report” between the terms
“biennial” and “filing fee” to be consistent with other
language in this Code section pertaining to the biennial report
of a domestic or foreign professional corporation, and to be
consistent with the fees specified in Code section 490.122 for
filings by professional corporations.
Section 514C.18: Removes a date reference, that relates
back to the 1999 enactment of this Code section relating to the
coverage of diabetes in policy or contracts for the third-party
payment of prepayment of health or medical expenses, to avoid
confusion regarding the applicability of later changes made to
this provision that have different effective dates.
Section 515.13: Divides a long sentence into two sentences
and updates archaic language and style to clarify this section
that limits the applicability of the Code chapter governing
insurance other than life if a company was organized or
licensed to issue policies prior to May 28, 1937.
Section 515.20: Divides this Code section governing
guaranty capital of mutual insurance companies into subsections
based upon content, and revises the language of the last
subsection to reflect the current style used to indicate a Code
section self-reference.
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Section 515.134: Redrafts archaic language to clarify
this Code section relating to the effect of a failure by an
insurance company or association to attach any application or
representation that is made part of a policy to any policy that
is issued or renewed.
Section 515A.18: Redrafts archaic language to clarify this
provision relating to the procedure for requests for hearing
on orders of the commissioner that have been directed to a
person, insurer, or rating organization under the Code chapter
governing workers’ compensation liability insurance rates.
Section 516A.1: Removes a set of parentheses and adds
the word “or” in this provision relating to rejection by a
named insured of coverage under an automobile or motor vehicle
liability insurance policy to conform the language describing
the coverage to other language used to describe the same
coverage in this Code section.
Section 521A.2: Strikes a redundant reference to “hereof”
from an internal subsection reference in language describing
permissible investments by insurers in this Code section
prescribing the permissible businesses or activities in which
a domestic insurer may engage.
Section 521A.3: Replaces a reference to “hereunder” with
“under this section” to clarify this provision governing
statements regarding acquisition of control of domestic
insurers that must be filed with the commissioner of insurance
before any tender offer, request or invitation for tenders
of, or agreements to exchange securities for control over the
insurer can be made.
Section 521A.4: Replaces a reference to “hereunder”
with a reference to “under subsection 1 of this section” to
clarify this provision relating to the filing of consolidated
registration statements or reports by two or more affiliated
insurers who must register under the Code chapter governing
insurance holding company systems.
Section 521A.9: Replaces references to “hereunder”
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with references to “under this chapter”, and a reference to
“thereunder” with a reference to Code section 521A.3, to
clarify this Code section relating to the procedures applicable
to violations of the Code chapter governing insurance holding
company systems and prohibitions regarding the voting of
certain restricted securities.
Section 523A.501: Replaces the word “without” with the
words “unless the person has” to improve the clarity and
readability of this provision requiring a person to have
a preneed seller’s license before advertising, selling,
promoting, or offering to furnish cemetery merchandise, funeral
merchandise, funeral services, or a combination of merchandise
or services, if performance or delivery may be more than 120
days following initial payment on the account.
Section 524.228: Breaks a long sentence into three
sentences to improve the readability of this Code section
relating to emergency orders issued by the superintendent of
banking to prevent unsafe or unsound banking practices or acts.
Section 524.536: Changes the word “shareholders’” to
“shareholder’s” to conform the language of this provision,
relating to payment of the expense associated with the
inspection by a requesting shareholder of the list of
shareholders entitled to vote at a meeting, to similar language
relating to inspection of shareholder lists in Code section
490.720.
Section 524.1301: Supplies the missing word “fees” to
clarify the meaning of language articulating the items that
must be filed with the secretary of state in order for a state
bank that has not issued shares nor commenced business to
dissolve.
Section 524.1404: Adds a comma after an initial prefatory
clause and redrafts language relating to the issuance and
sending of a certificate of merger by the secretary of state
to streamline the language relating to what a resulting state
bank receives.
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Section 524.1504: Replaces the word “thereon” with the
words “on the amendment” to clarify this provision describing
one of the items that must be included in articles of amendment
to a state bank’s articles of incorporation, once an amendment
has been adopted by the state bank’s shareholders.
Section 524.1611: Strikes the redundant words “provisions
of” in two places and replaces a reference to “such subsection”
with a reference to Code section 524.211, subsection 1,
to clarify this provision prohibiting certain practices by
employees of the division of banking of the department of
commerce.
Section 536.21: Divides a long sentence into two sentences
and replaces references to “hereto” and “herewith” with a
reference to “with the requirements of this chapter” to update
and clarify the extent of the authority of the superintendent
of banking to adopt rules relating to regulated loans.
Section 536.26: Replaces an internal reference to “herein”
with “in this section” to clarify the meaning of language
prohibiting a licensee from declining new or existing insurance
of a loan that meets the applicable standards, or preventing
any obligor from obtaining insurance coverage from other
sources.
Section 537.2307: Changes the word “may” to “shall” in
language containing a nondiscretionary prohibition against a
lender contracting for a security interest in real property
used by a consumer or the consumer’s dependents if the rate of
finance charge on the supervised loan exceeds 15 percent and
the amount financed is $2,000 or less.
Section 543B.35: Redrafts archaic language to improve the
clarity and readability of this provision relating to hearings
regarding revocation of licenses that are held before the real
estate commission.
Section 543B.44: Divides a long sentence into two sentences
and replaces internal references to “hereof” and “herein”
with a reference to the Code chapter to improve the clarity
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and readability of this provision relating to referral of
complaints of misconduct by the real estate commission to a
court, the enforcement of the Code chapter regulating real
estate brokers and salespersons by the commission, and the
collection of penalties levied by the commission for statutory
violations.
Section 558.7: Moves to the beginning of this Code section
language that currently appears at the end of subsection
4, but relates to rest of the conditions contained in the
remainder of this Code section describing when an assignment
of a certificate of entry has the same effect as a deed of
conveyance, to improve the clarity and readability of the
language.
Section 562B.26: Adds a comma before the last item in
a series and divides a long sentence into two sentences to
improve the clarity and readability of this provision relating
to the procedures that may be followed by a landlord if there
is a noncompliance by a tenant that materially affects health
and safety which can be remedied.
Section 633.220: Updates the language and style of this
provision relating to the determination of inheritance by
afterborn heirs to improve the Code section’s readability and
conform the style to similar language found in Code section
633.220A.
Section 633.496: Divides a long sentence into two sentences
and updates archaic language and style to improve the clarity
and readability of this provision relating to foreign probated
wills.
Section 639.48: Replaces the word “same” with the word
“property” in two places and adds the verb “is” and the
indefinite article “an” to update the style and improve the
clarity of this provision relating to examination of perishable
property that is the subject of a petition for attachment in a
civil action.
Section 659A.3: Moves the phrase “without the depicted
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individual’s consent” to immediately follow language relating
to the unauthorized disclosure of an image to improve the
readability of this provision describing when the unauthorized
disclosure of an intimate image will give rise to a cause of
action for the person depicted.
Section 664A.7: Strikes a comma and adds the words “or
for” to clarify language relating to the types of offenses
that are included in the public offense of violations of a
no-contact order in this provision relating to enforcement of
no-contact orders and protective orders that are issued as part
of proceedings concerning the commission of certain assaults.
Section 692A.128: Strikes two subparagraphs and then
reinserts the same language as new paragraphs to change the
hierarchical levels of two provisions that set conditions
that are separate from the condition regarding whether a sex
offender is incarcerated, to clarify the standards governing
when an application for modification of a sex offender’s
registration requirements may be granted.
Section 708.2D: Adds the words “offense of” before the words
“older individual assault” to make the style of this provision
relating to the penalties applicable to a second commission
of older individual assault consistent with the style used in
other provisions in this Code section regarding subsequent
offenses.
Section 714I.3: Adds the words “used or” to conform the
language of the back half of a sentence to the language used at
the beginning of the sentence, in this provision prohibiting
persons from providing false information or treatment as part
of an assisted reproductive procedure or treatment.
Section 726.24: Changes the word “or” to “of” to correct the
grammar of a series regarding modification of no-contact orders
issued in proceedings related to elder abuse.
Section 815.7: Adds the words “through June 30, 2022,”
to conform to the style used elsewhere in this Code section
establishing the rate of compensation for attorneys appointed
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to represent indigents and to account for the addition of a
subsection establishing a new rate of compensation effective
July 1, 2022, by 2022 Iowa Acts, chapter 1146, section 21.
2022 Iowa Acts, chapter 1050, section 1: Corrects an
incorrect Acts section lead-in to clarify that only the first
unnumbered paragraph of Code section 511.8, subsection 22,
paragraph “b”, was intended to be amended by the Act. The
change is made effective upon enactment and retroactively
applicable to July 1, 2022, in division II of the bill.
2022 Iowa Acts, chapter 1099, section 106: Corrects the
applicability date provision that applied to a division of this
multi-division 2022 Act. The change is made effective upon
enactment and retroactively applicable to July 1, 2022, in
division II of the bill.
2022 Iowa Acts, chapter 1131, section 78: Corrects the
applicability date provision that applied to a division of this
multi-division 2022 Act. The change is made effective upon
enactment and retroactively applicable to June 14, 2022, in
division II of the bill.
Division II. This division contains immediate effective
date and retroactive applicability provisions that apply to the
specified provisions of the bill.
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lh/ns 82/ 82