Bill Text: IA HF2423 | 2013-2014 | 85th General Assembly | Enrolled

---

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 providing effective and applicability dates. Effective 7-1-14, with exception of sections 88 and 153-155, effective 4-10-14.

Spectrum: Committee Bill

Status: (Passed) 2014-04-10 - Signed by Governor. H.J. 719. [HF2423 Detail]

Download: Iowa-2013-HF2423-Enrolled.html

---

House File 2423
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 PROVIDING EFFECTIVE
AND APPLICABILITY DATES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 2C.16, subsection 3, Code 2014, is
amended to read as follows:
3. If the ombudsman believes that a law resulted in an
administrative action has occurred because of laws of which
results are is unfair or otherwise objectionable, the ombudsman
shall notify the general assembly concerning desirable
statutory change.
Sec. 2. Section 6B.4, Code 2014, is amended to read as
follows:
6B.4 Commission to assess damages.
1. Annually the board of supervisors of a county shall
appoint not less than twenty-eight residents of the county
and the names of such persons shall be placed on a list and
they shall be eligible to serve as members of a compensation
commission. One-fourth of the persons appointed shall be
owner-operators of agricultural property, one-fourth of the
persons appointed shall be owners of city property, one-fourth
shall be licensed real estate salespersons or real estate
brokers, and one-fourth shall be persons having knowledge of

House File 2423, p. 2
property values in the county by reason of their occupation,
such as bankers, auctioneers, property managers, property
appraisers, and persons responsible for making loans on
property.
2. a. The chief judge of the judicial district or the chief
judge’s designee shall select by lot six persons from the list,
two who shall constitute a compensation commission to assess
the damages to all property to be taken by the applicant and
located in the county, as follows:
(1) Two persons who are owner-operators of agricultural
property when the property to be condemned is agricultural
property ; two .
(2) Two persons who are owners of city property when the
property to be condemned is other than agricultural property ;
and two .
(3) Two persons from each of the remaining two
representative groups , who shall constitute a compensation
commission to assess the damages to all property to be taken
by the applicant and located in the county, and shall name a
chairperson from the persons selected .
b. The chief judge or the judge’s designee shall name a
chairperson from the persons selected and may appoint such
alternate members and chairpersons to the commission as are
deemed necessary and appropriate under the circumstances. A
person shall not be selected as a member or alternate member
of the compensation commission if the person possesses any
interest in the proceeding which would cause the person to
render a biased decision. The applicant shall mail a copy
of the list of commissioners and alternates appointed by the
chief judge by certified mail to the property owner at the
owner’s last known address. The applicant shall also cause
the list of commissioners and alternates to be published once
in a newspaper of general circulation in the county, not less
than four nor more than twenty days before the meeting of
the compensation commission to assess the damages. Service
of the list of commissioners and alternates by publication
shall be deemed complete on the day of publication. In
lieu of mailing and publishing the list of commissioners and
alternates, the applicant may cause the list to be served upon
the owner of the property in the manner provided by the Iowa
rules of civil procedure for the personal service of original
notice. The list of commissioners and alternates shall be
mailed and published or served, as above provided, prior to or

House File 2423, p. 3
contemporaneously with service of the notice of assessment as
provided in section 6B.8 .
3. Written instructions for members of compensation
commissions shall be prepared under the direction of the chief
justice of the supreme court and distributed to the sheriff
in each county. The sheriff shall transmit copies of the
instructions to each member of a compensation commission, and
such instructions shall be read aloud to each commission before
it commences its duties.
Sec. 3. Section 6B.37, Code 2014, is amended to read as
follows:
6B.37 Form of record —— certificate.
Said The papers described in sections 6B.35 and 6B.36 shall
be securely fastened together, arranged in the order named
above in those sections , and be accompanied by a certificate
of the officer filing the papers that the papers are true and
correct copies of the original files in the proceedings and
that the statements accompanying the papers are true.
Sec. 4. Section 6B.40, Code 2014, is amended to read as
follows:
6B.40 Failure to record —— liability.
Any sheriff, or clerk of the district court, as the case may
be, who fails to present said the required papers, statements,
and certificate for record, and any recorder who fails to
record the same as above provided in section 6B.38 shall be
liable for all damages caused by such failure.
Sec. 5. Section 7C.12, subsection 2, paragraph a, Code 2014,
is amended to read as follows:
a. Shall promulgate rules which are necessary or expedient
to carry out the intent and purposes of the private activity
bond allocation Act this chapter .
Sec. 6. Section 9I.3, subsection 3, paragraph d,
subparagraphs (5) and (6), Code 2014, are amended to read as
follows:
(5) Reserved.
(6) (5) Effective July 1, 2001, a nonresident alien,
foreign business, or foreign government or an agent, trustee,
or fiduciary of the alien, business, or government shall
not , except as provided in subparagraph (5), acquire or hold
agricultural land used for the primary purpose of testing,
developing, or producing animals.
Sec. 7. Section 12C.16, subsection 1, paragraph b,
subparagraph (1), subparagraph division (d), Code 2014, is

House File 2423, p. 4
amended to read as follows:
(d) To the extent of the guarantee, loans, obligations,
or nontransferable letters of credit upon which the payment
of principal and interest is fully secured or guaranteed by
the United States of America or an agency or instrumentality
of the United States of America or the United States central
credit union , a corporate central credit union organized
under section 533.213 , or a corporate credit union whose
activities are subject to regulation by the national credit
union administration, and the rating of any one of such credit
unions remains within the two highest classifications of prime
established by at least one of the standard rating services
approved by the superintendent of banking by rule pursuant to
chapter 17A . The treasurer of state shall adopt rules pursuant
to chapter 17A to implement this section .
Sec. 8. Section 12C.17, subsection 1, paragraph c, Code
2014, is amended to read as follows:
c. The securities shall be deposited with the federal
reserve bank, the federal home loan bank of Des Moines, Iowa,
or the United States central credit union, a corporate central
credit union organized under section 533.213 , or a corporate
credit union whose activities are subject to regulation by the
national credit union administration pursuant to a bailment
agreement or a pledge custody agreement.
Sec. 9. Section 12C.17, subsection 4, Code 2014, is amended
to read as follows:
4. Upon written request from the appropriate public
officer but not less than monthly, the federal reserve bank,
the federal home loan bank of Des Moines, Iowa, the United
States central credit union, a corporate central credit union
organized under section 533.213 , or a corporate credit union
whose activities are subject to regulation by the national
credit union administration shall report a description, the
par value, and the market value of any pledged collateral by a
credit union.
Sec. 10. Section 16.2, subsection 1, unnumbered paragraph
1, Code 2014, is amended to read as follows:
An Iowa finance authority board of directors is created. The
powers of the authority are vested in and shall be exercised by
the board. The board authority includes nine members appointed
by the governor subject to confirmation by the senate.
Sec. 11. Section 16.197, Code 2014, is amended to read as
follows:

House File 2423, p. 5
16.197 Limitation of liability.
The A member of the authority , a person acting on behalf of
the authority while acting within the scope of their employment
or agency, or the treasurer of state shall not be subject to
personal liability resulting from carrying out the powers and
duties of the authority or the treasurer, as applicable, in
sections 16.193 through 16.196 .
Sec. 12. Section 16.221, subsection 3, paragraph c, Code
2014, is amended to read as follows:
c. Obtain affordable operating capital , including as
provided by section 175.35 .
Sec. 13. Section 17A.4, subsection 3, paragraph c, Code
2014, is amended to read as follows:
c. If an objection to a rule is filed under this subsection ,
a copy of the objection, properly dated, shall be forwarded to
the agency at the time of filing the objection. In any action
contesting a rule or portion of a rule adopted pursuant to
this subsection , the burden of proof shall be on the agency to
show that the procedures of subsection 1 were impracticable,
unnecessary, or contrary to the public interest and that, if a
category of rules was involved, the category was very narrowly
tailored .
Sec. 14. Section 17A.4, subsection 5, Code 2014, is amended
to read as follows:
5. No A rule adopted after July 1, 1975, is not valid unless
adopted in substantial compliance with the above requirements
of this section that are in effect at the time of adoption of
the rule . However, a rule shall be conclusively presumed to
have been made in compliance with all of the above procedural
requirements of this section if it has not been invalidated on
the grounds of noncompliance in a proceeding commenced within
two years after its effective date.
Sec. 15. Section 17A.4, subsection 9, Code 2014, is amended
to read as follows:
9. Upon the vote of two-thirds of its members, the
administrative rules review committee, following notice of
intended action as provided in subsection 1 and prior to
adoption of a rule pursuant to that notice, may suspend further
action relating to that notice for seventy days. Notice of
that a notice of intended action that was suspended under this
provision shall be published in the Iowa administrative code
and bulletin.
Sec. 16. Section 23.6, subsection 6, Code 2014, is amended

House File 2423, p. 6
to read as follows:
6. The board may examine Examine, as deemed necessary by
the board, a record of a governmental body or a government body
that is the subject matter of a complaint, including any record
that is confidential by law. Confidential records provided to
the board by a governmental body or a government body shall
continue to maintain their confidential status. Any member
or employee of the board is subject to the same policies and
penalties regarding the confidentiality of the document as an
employee of the governmental body or a the government body.
Sec. 17. Section 23.9, Code 2014, is amended to read as
follows:
23.9 Informal assistance.
After accepting a complaint, the board shall promptly work
with the parties, through employees on its own staff of the
board , to reach an informal, expeditious resolution of the
complaint.
Sec. 18. Section 24.13, Code 2014, is amended to read as
follows:
24.13 Procedure by levying board.
Any board which has the power to levy a tax without the same
first being certified to it, shall follow the same procedure
for hearings as is hereinbefore required of certifying boards
under this chapter .
Sec. 19. Section 28D.6, subsection 4, Code 2014, is amended
to read as follows:
4. Any employee of a sending agency assigned in this
state who suffers disability or death as a result of personal
injury arising out of and in the course of such assignment, or
sustained in the performance of duties in connection therewith,
shall be treated for the purpose of the receiving agency’s
employee compensation program, as an employee, as defined in
such compensation program, who has sustained such injury in the
performance of such duty, but shall not receive benefits under
that compensation program for any period for which the employee
elects to receive similar benefits as an employee under the
sending agency’s employee compensation program.
Sec. 20. Section 29A.50, Code 2014, is amended to read as
follows:
29A.50 Immunity.
The commanding officer and members of any of the military
forces engaged in the suppression of an insurrection,
assistance to civil authorities in emergencies, homeland

House File 2423, p. 7
defense , or security duties, or the enforcement of the laws,
shall have the same immunity as peace officers.
Sec. 21. Section 35D.2, subsection 1, Code 2014, is amended
to read as follows:
1. Persons described in section 35D.1 who are disabled by
disease, injury, or old age, and who meet the qualifications
for nursing or residential care, and who are unable to earn a
livelihood, and who are residents of the state of Iowa on the
date of the application and immediately preceding the date the
application is accepted, may be admitted to the home as members
under rules adopted by the commission. The commission shall
adopt rules to emphasize the admission of homeless honorably
discharged veterans. Eligibility determinations are subject
to approval by the commandant.
Sec. 22. Section 80D.12, subsection 2, Code 2014, is amended
to read as follows:
2. For reserve police peace officers of a tribal government,
hospital and medical assistance and benefits shall be provided
by the tribal government to members of the reserve force who
sustain injury while performing official duties in the same
manner as for a regular peace officer of the tribal government.
Sec. 23. Section 89.3, subsection 8, Code 2014, is amended
to read as follows:
8. Inspections of unfired steam pressure vessels operating
in excess of fifteen pounds per square inch and low pressure
steam boilers shall be conducted at least once each calendar
year. The inspections conducted over within each two-year
period shall include an external inspection conducted while
the boiler is operating and an internal inspection, where
construction permits. No more than one inspection shall be
conducted over a per six-month period. An internal inspection
of an unfired steam pressure vessel or low pressure steam
boiler may be required at any time by the commissioner upon the
observation by an inspector of conditions, enumerated by the
commissioner through rules, warranting an internal inspection.
Sec. 24. Section 101.21, subsection 1, paragraph a, Code
2014, is amended to read as follows:
a. An aboveground tank which complies with meets any of the
following criteria :
(1) Has one thousand one hundred gallons or less capacity.
(2) Stores flammable liquids on a farm located outside the
limits of a city, if the aboveground tank has two thousand
gallons or less capacity.

House File 2423, p. 8
(3) Stores combustible liquids on a farm located outside
the limits of a city, if the aboveground tank has five thousand
gallons or less capacity.
Sec. 25. Section 101A.2, subsection 4, Code 2014, is amended
to read as follows:
4. Except as permitted in section 101A.3 and sections
101A.9 to through 101A.11 , it shall be unlawful for any person
to willfully manufacture, import, store, detonate, sell, or
otherwise transfer any explosive materials unless such person
is the holder of a valid license issued pursuant to this
section .
Sec. 26. Section 105.10, subsection 2, Code 2014, is amended
to read as follows:
2. Except as provided in section 105.11 , a person shall not
engage in the business of designing, installing, or repairing
plumbing, mechanical, HVAC, refrigeration, sheet metal, or
hydronic systems unless at all times a licensed master, who
shall be responsible for the proper designing, installing, and
repairing of the plumbing, HVAC, refrigeration, sheet metal,
or hydronic system, is employed by the person and is actively
in charge of the plumbing, mechanical, HVAC, refrigeration,
sheet metal, or hydronic work of the person. An individual who
performs such work pursuant to a business operated as a sole
proprietorship shall be a licensed master in the applicable
discipline.
Sec. 27. Section 123.3, subsection 5, Code 2014, is amended
to read as follows:
5. “Alcoholic liquor” or “intoxicating liquor” means the
varieties of liquor defined in subsections 3 and 43 which
contain more than five percent of alcohol by weight, beverages
made as described in subsection 7 which beverages contain more
than five percent of alcohol by weight or six and twenty-five
hundredths percent of alcohol by volume but which are not
wine as defined in subsection 47 or high alcoholic content
beer as defined in subsection 19 , and every other liquid or
solid, patented or not, containing spirits and every beverage
obtained by the process described in subsection 47 containing
more than seventeen percent alcohol by weight or twenty-one
and twenty-five hundredths percent of alcohol by volume, and
susceptible of being consumed by a human being, for beverage
purposes. Alcohol manufactured in this state for use as fuel
pursuant to an experimental distilled spirits plant permit or
its equivalent issued by the federal bureau of alcohol, tobacco

House File 2423, p. 9
and firearms is not an “alcoholic liquor” .
Sec. 28. Section 123.30, subsection 1, paragraph b, Code
2014, is amended to read as follows:
b. As a condition for issuance of a liquor control license
or wine or beer permit, the applicant must give consent to
members of the fire, police, and health departments and the
building inspector of cities; the county sheriff , or deputy
sheriff , ; members of the department of public safety , ;
representatives of the division and of the department of
inspections and appeals , ; certified police officers , ; and
any official county health officer to enter upon areas of
the premises where alcoholic beverages are stored, served,
or sold, without a warrant during business hours of the
licensee or permittee to inspect for violations of this
chapter or ordinances and regulations that cities and boards
of supervisors may adopt. However, a subpoena issued under
section 421.17 or a warrant is required for inspection of
private records, a private business office, or attached living
quarters. Persons who are not certified peace officers shall
limit the scope of their inspections of licensed premises
to the regulatory authority under which the inspection is
conducted. All persons who enter upon a licensed premises to
conduct an inspection shall present appropriate identification
to the owner of the establishment or the person who appears
to be in charge of the establishment prior to commencing
an inspection; however, this provision does not apply to
undercover criminal investigations conducted by peace officers.
Sec. 29. Section 123.138, subsection 1, Code 2014, is
amended to read as follows:
1. Each class “A” or special class “A” permittee shall
keep proper records showing the amount of beer sold by the
permittee, and these records shall be at all times open to
inspection by the administrator and to other persons pursuant
to section 123.30, subsection 1 . Each class “B” permittee,
class “C” permittee, and or retail liquor control licensee
shall keep proper records showing each purchase of beer made
by the permittee and or licensee, and the date and the amount
of each purchase and the name of the person from whom each
purchase was made, which records shall be open to inspection
pursuant to section 123.30, subsection 1 , during normal
business hours of the permittee or licensee.
Sec. 30. Section 125.10, subsection 16, Code 2014, is
amended to read as follows:

House File 2423, p. 10
16. Encourage all health and disability insurance programs
to include substance abuse substance-related disorders as a
covered illness illnesses .
Sec. 31. Section 135C.41, Code 2014, is amended to read as
follows:
135C.41 Licensee’s response to citation.
Within twenty business days after service of a citation
under section 135C.40 , a facility shall either do one of the
following :
1. If it the facility does not desire to contest the
citation , take one of the following actions :
a. Remit to the department the amount specified by the
department pursuant to section 135C.36 as a penalty for each
Class I violation cited, and for each Class II violation unless
the citation specifically waives the penalty, which funds shall
be paid by the department into the state treasury and credited
to the general fund ; or .
b. In the case of a Class II violation for which the penalty
has been waived in accordance with the standards prescribed in
section 135C.36, subsection 2 , or a Class III violation, send
to the department a written response acknowledging that the
citation has been received and stating that the violation will
be corrected within the specific period of time allowed by the
citation ; or .
2. Notify If the facility desires to contest the citation,
notify the director that the facility desires to contest the
citation and request an informal conference with an independent
reviewer pursuant to section 135C.42 .
Sec. 32. Section 144A.2, subsection 8, paragraph b, Code
2014, is amended to read as follows:
b. “Life-sustaining procedure” does not include the
provision of nutrition or hydration except when required
to be provided parenterally or through intubation , or the
administration of medication or performance of any medical
procedure deemed necessary to provide comfort care or to
alleviate pain.
Sec. 33. Section 172A.10, Code 2014, is amended to read as
follows:
172A.10 Injunctions —— criminal penalties.
1. If any person who is required by this chapter to be
licensed fails to obtain the required license, or if any person
who is required by this chapter to maintain proof of financial
responsibility fails to obtain or maintain such proof , or

House File 2423, p. 11
if any licensee fails to discontinue engaging in licensed
activities when that person’s license has been suspended, such
failure shall be deemed a nuisance and the secretary may bring
an action on behalf of the state to enjoin such nuisance. Such
actions may be heard on not less than five days’ notice to the
person whose activities are sought to be enjoined. The failure
to obtain a license when required, or the failure to maintain
proof of financial responsibility shall constitute a violation
of this chapter .
2. Any person convicted of violating any provision of this
chapter shall be guilty of a serious misdemeanor.
Sec. 34. Section 175.31, Code 2014, is amended to read as
follows:
175.31 Programs in progress.
The authority shall complete the administration of programs
in progress on July 1, 1980, to the extent that funds were
committed, obligations incurred or rights accrued prior to July
1, 1980, under the programs authorized under sections 234.15
to 234.20 , prior to the repeal of those sections Code 1979 .
Moneys received under this section shall be deposited to the
authority.
Sec. 35. Section 175.37, subsection 4, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The tax credit is allowed only for agricultural assets that
are subject to an agricultural assets transfer agreement. The
agreement shall provide for the lease of agricultural land
located in this state, including any improvements , and may
provide for the rental of agricultural equipment as defined in
section 322F.1 .
Sec. 36. Section 203.10, subsection 2, Code 2014, is amended
to read as follows:
2. The department may issue an order to suspend or revoke
the license of a grain dealer who violates a provision of this
chapter , including a rule adopted in accordance with this
chapter , pursuant to chapter 17A .
Sec. 37. Section 203C.10, subsection 2, Code 2014, is
amended to read as follows:
2. The department may issue an order to suspend or revoke
the license of a warehouse operator who violates a provision of
this chapter , including a rule adopted in accordance with this
chapter , pursuant to chapter 17A .
Sec. 38. Section 203C.15, subsection 10, paragraph d, Code
2014, is amended to read as follows:

House File 2423, p. 12
d. Warehouse operators who are the owners of bulk grain.
Sec. 39. Section 206.2, subsection 1, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The term “active ingredient” “Active ingredient” means:
Sec. 40. Section 206.2, subsections 2, 3, 10, 11, 13, and
14, Code 2014, are amended to read as follows:
2. The term “adulterated” “Adulterated” shall apply to any
pesticide if its strength or purity falls below the professed
standard or quality as expressed on labeling or under which it
is sold, or if any substance has been substituted wholly or in
part for the article, or if any valuable constituent of the
article has been wholly or in part abstracted.
3. The term “antidote” “Antidote” means the most practical
immediate treatment in case of poisoning and includes first aid
treatment.
10. The term “device” “Device” means any instrument or
contrivance intended for trapping, destroying, repelling, or
mitigating insects, birds, or rodents or destroying, repelling,
or mitigating fungi, nematodes, weeds , or such other pests as
may be designated by the secretary, but not including equipment
used for the application of pesticides when sold separately
therefrom.
11. The term “distribute” “Distribute” means to offer for
sale, hold for sale, sell, barter, or supply pesticides in this
state.
13. The term “hazard” “Hazard” means a probability that
a given pesticide will have an adverse effect on man or the
environment in a given situation, the relative likelihood
of danger or ill effect being dependent on a number of
interrelated factors present at any given time.
14. The term “inert ingredient” “Inert ingredient” means an
ingredient which is not an active ingredient.
Sec. 41. Section 206.2, subsection 15, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The term “ingredient statement” “Ingredient statement” means
either:
Sec. 42. Section 206.2, subsection 16, Code 2014, is amended
to read as follows:
16. The term “label” “Label” means the written, printed,
or graphic matter on, or attached to, the pesticide or device,
or the immediate container thereof, and the outside container
or wrapper of the retail package, if any there be, of the
pesticide or device.

House File 2423, p. 13
Sec. 43. Section 206.2, subsection 17, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The term “labeling” “Labeling” means all labels and other
written, printed , or graphic matter:
Sec. 44. Section 206.2, subsection 18, unnumbered paragraph
1, Code 2014, is amended to read as follows:
The term “misbranded” “Misbranded” shall apply:
Sec. 45. Section 206.2, subsections 19, 20, 21, 22, 23, 26,
27, 30, and 31, Code 2014, are amended to read as follows:
19. The term “permit” “Permit” means a written certificate,
issued by the secretary or the secretary’s agent under rules
adopted by the department authorizing the use of certain state
restricted use pesticides.
20. The term “person” “Person” means any individual,
partnership, association, corporation, or organized group of
persons whether incorporated or not.
21. The term “pesticide” shall mean (a) any “Pesticide”
means any of the following:
a. Any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating directly or
indirectly any insects, rodents, nematodes, fungi, weeds, and
other forms of plant or animal life or viruses, except viruses
on or in living persons, which the secretary shall declare to
be a pest , and (b) any .
b. Any substances intended for use as a plant growth
regulator, defoliant, or desiccant.
22. The term “pesticide dealer” “Pesticide dealer” means any
person who distributes restricted use pesticides ; , pesticide
for use by commercial or public pesticide applicators ; , or
general use pesticides labeled for agricultural or lawn and
garden use with the exception of dealers whose gross annual
pesticide sales are less than ten thousand dollars for each
business location owned or operated by the dealer.
23. The term “plant growth regulator” “Plant growth
regulator” means any substance or mixture of substances
intended, through physiological action, for accelerating or
retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of ornamental or crop plants
or the produce thereof, but shall not include substances to
the extent that they are intended as plant nutrients, trace
elements, nutritional chemicals, plant inoculants, and soil
amendments.
26. The term “registrant” “Registrant” means the person

House File 2423, p. 14
registering any pesticide or device or who has obtained a
certificate of license from the department pursuant to the
provisions of this chapter .
27. The term “restricted use pesticide” “Restricted use
pesticide” means any pesticide restricted as to use by rule of
the secretary as adopted under section 206.20 .
30. The term “under the direct supervision of” “Under the
direct supervision of” means the act or process whereby the
application of a pesticide is made by a competent person acting
under the instructions and control of a certified applicator
or a state licensed commercial applicator who is available
if and when needed, even though such certified applicator is
not physically present at the time and place the pesticide is
applied.
31. The term “unreasonable adverse effects on the
environment” “Unreasonable adverse effects on the environment”
means any unreasonable risk to man or the environment, taking
into account the economic, social , and environmental costs and
benefits of the use of any pesticide.
Sec. 46. Section 216A.2, subsection 2, Code 2014, is amended
to read as follows:
2. The department director is the chief administrative
officer of the department and in that capacity administers
the programs and services of the department in compliance
with applicable federal and state laws and regulations.
The duties of the department director include preparing a
budget, establishing an internal administrative structure, and
employing personnel.
Sec. 47. Section 230.2, Code 2014, is amended to read as
follows:
230.2 Finding of residence.
If a person’s residency status is disputed, the residency
shall be determined in accordance with section 331.394 .
Otherwise, the district court may, when the person is
ordered placed in a hospital for psychiatric examination and
appropriate treatment, or as soon thereafter as the court
obtains the proper information, determine make one of the
following determinations and enter of record whether the
residence of the person is in a county or the person is deemed
to be a state case, as follows:
1. In That the person’s residence is in the county from
which the person was placed in the hospital.
2. In That the person’s residence is in another county of

House File 2423, p. 15
the state.
3. In That the person’s residence is in a foreign state or
country and the person is deemed to be a state case.
4. Unknown That the person’s residence is unknown and the
person is deemed to be a state case.
Sec. 48. Section 230.11, Code 2014, is amended to read as
follows:
230.11 Recovery of costs from state.
Costs and expenses attending the taking into custody,
care, and investigation of a person who has been admitted
or committed to a state hospital, United States department
of veterans affairs hospital, or other agency of the United
States government, for persons with mental illness and who
has no residence in this state or whose residence is unknown,
including cost of commitment, if any, shall be paid as a state
case as approved by the administrator. The amount of the costs
and expenses approved by the administrator is appropriated
to the department from any money in the state treasury not
otherwise appropriated , . Payment shall be made on itemized
vouchers executed by the auditor of the county which has paid
them, and approved by the administrator.
Sec. 49. Section 230.34, Code 2014, is amended to read as
follows:
230.34 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. As used in this chapter , “administrator” “Administrator”
means the administrator of the department of human services
assigned, in accordance with section 218.1 , to control the
state mental health institutes, or that administrator’s
designee.
2. As used in this chapter , “auditor” “Auditor” means the
county auditor or the auditor’s designee.
3. As used in this chapter , unless the context otherwise
requires, “book” “Book” , “list” , “record” , or “schedule” kept
by a county auditor, assessor, treasurer, recorder, sheriff,
or other county officer means the county system as defined in
section 445.1 .
4. As used in this chapter , unless the context otherwise
requires, “department” “Department” means the department of
human services.
Sec. 50. Section 232.80, Code 2014, is amended to read as
follows:

House File 2423, p. 16
232.80 Homemaker services.
A homemaker-home health aide may be assigned to give care to
a child in the child’s place of residence. Whenever possible,
the services shall be provided in preference to removal of
the child from the home. The care may be provided under this
Act chapter on an emergency basis for up to twenty-four hours
without court order, and may be ordered by the court for a
period of time extending until dismissal or disposition of the
case.
Sec. 51. Section 232.90, subsection 4, Code 2014, is amended
to read as follows:
4. The county attorney and the attorney general shall comply
with the requirements of chapter 232B and the federal Indian
Child Welfare Act, Pub. L. No. 95-608, when either chapter 232B
or the federal Indian Child Welfare Act is determined to be
applicable in any proceeding under this division .
Sec. 52. Section 232.102, subsection 3, Code 2014, is
amended to read as follows:
3. After a dispositional hearing and upon written
findings of fact based upon evidence in the record that an
alternative placement set forth in subsection 1 , paragraph
“a” , subparagraph (1), has previously been made and is not
appropriate the court may enter an order transferring the
guardianship of the child for the purposes of subsection 8 9 ,
to the director of human services for the purposes of placement
in the Iowa juvenile home at Toledo.
Sec. 53. Section 249A.47, subsection 1, paragraph h, Code
2014, is amended to read as follows:
h. A provider who intentionally and purposefully and without
good cause fails to grant timely access, upon reasonable
request and without good cause , to the department for the
purpose of audits, investigations, evaluations, or other
functions of the department, is subject to a civil penalty of
fifteen thousand dollars for each day of the failure.
Sec. 54. Section 252.27, unnumbered paragraph 2, Code 2014,
is amended to read as follows:
The board shall record its proceedings relating to the
provision of assistance to specific persons under this chapter .
A person who is aggrieved by a decision of the board may appeal
the decision as if it were a contested case before an agency
and as if the person had exhausted administrative remedies in
accordance with the procedures and standards in section 17A.19,
subsections 2 to through 12, except section 17A.19, subsection

House File 2423, p. 17
10 , paragraphs “b” and “g” , and section 17A.20 .
Sec. 55. Section 252.37, Code 2014, is amended to read as
follows:
252.37 Appeal to supervisors.
If a poor person, on application to the general assistance
director, is refused the required assistance, the applicant may
appeal to the board of supervisors, who, upon examination into
the matter, may order the director to provide assistance, or it
who may direct specific assistance.
Sec. 56. Section 256.7, subsection 26, paragraph a,
subparagraph (3), Code 2014, is amended to read as follows:
(3) The rules establishing a core curriculum shall address
the core content standards in subsection 28 and the skills and
knowledge students need to be successful in the twenty-first
century. The core curriculum shall include social studies and
twenty-first century learning skills which include but are
not limited to civic literacy, health literacy, technology
literacy, financial literacy, and employability skills; and
shall address the curricular needs of students in kindergarten
through grade twelve in those areas. The department state
board shall further define the twenty-first century learning
skills components by rule.
Sec. 57. Section 256.42, subsection 4, Code 2014, is amended
to read as follows:
4. Each participating school district and accredited
nonpublic school shall submit its online curricula to the
department for review. Each participating school district and
accredited nonpublic school shall include in its comprehensive
school improvement plan submitted pursuant to section 256.7,
subsection 21 , a list and description of the online coursework
offered by the district or school .
Sec. 58. Section 258.6, Code 2014, is amended to read as
follows:
258.6 Definitions.
As used in this chapter:
1. “Approved practitioner preparation school, department,
or class” means a school, department, or class approved by the
board as entitled under this chapter to federal moneys for the
training of teachers of vocational subjects.
2. “Approved school, department, or class” means a school,
department, or class approved by the board as entitled under
this chapter to federal and state moneys for the salaries and
authorized travel of teachers of vocational subjects. “Approved

House File 2423, p. 18
practitioner preparation school, department, or class” means a
school, department, or class approved by the board as entitled
under this chapter to federal moneys for the training of
teachers of vocational subjects.
Sec. 59. Section 258.12, Code 2014, is amended to read as
follows:
258.12 Custodian of funds.
The treasurer of state shall be custodian of the funds
paid to the state from the appropriations made under said the
federal Carl D. Perkins Vocational and Technical Education Act
of Congress of 1998 , and shall disburse the same on vouchers
audited as provided by law.
Sec. 60. Section 278.3, Code 2014, is amended to read as
follows:
278.3 Power given electors not to limit directors’ power.
The power vested in the electors by section 278.1 shall not
affect or limit the power granted to the board of directors
of a school district in section 297.7, subsection 2 , and the
authority granted in said section 297.7, subsection 2, shall be
construed as independent of the power vested in the electors
by section 278.1 .
Sec. 61. Section 283A.1, unnumbered paragraph 1, Code 2014,
is amended to read as follows:
For the purpose of this chapter , unless the context
otherwise requires :
Sec. 62. Section 297.30, Code 2014, is amended to read as
follows:
297.30 Public sale.
If the owner of the tract from which said site was taken
fails to pay the amount of such appraisement to such executive
council the department within thirty days after the filing of
the same with the sheriff, the executive council department may
sell said site or building to any other person at the appraised
value, or may sell the same at public sale to the highest
bidder and the proceeds of such sale are to be added to the
permanent school fund of the state.
Sec. 63. Section 299.6A, subsection 1, Code 2014, is amended
to read as follows:
1. In lieu of a criminal proceeding under section 299.6 ,
a county attorney may bring a civil action against a parent,
guardian, or legal or actual custodian of a child who is of
compulsory attendance age, has not completed educational
requirements, and is truant, if the parent, guardian, or legal

House File 2423, p. 19
or actual custodian has failed to cause the child to attend
a public school or an accredited nonpublic school, or placed
to place the child under competent private instruction or
independent private instruction in the manner provided in this
chapter . If the court finds that the parent, guardian, or
legal or actual custodian has failed to cause the child to
attend as required in this section , the court shall assess a
civil penalty of not less than one hundred but not more than
one thousand dollars for each violation established.
Sec. 64. Section 306D.1, subsection 2, Code 2014, is amended
to read as follows:
2. In addition to other goals for the program, it is the
intention of the general assembly that the scenic highways
program be coordinated with the state’s open space program
under chapter 465A .
Sec. 65. Section 307.23, Code 2014, is amended to read as
follows:
307.23 General counsel.
1. The general counsel shall be a special assistant attorney
general appointed by the attorney general who shall act as the
attorney for the department and the . The general counsel shall
have the following duties and responsibilities:
a. Act as legal advisor to the commission and the director ,
and provide .
b. Provide all legal services for the department.
2. The attorney general shall appoint additional assistant
attorneys general as the director deems necessary to carry out
the duties assigned to the office of the general counsel. The
salary of the general counsel shall be fixed by the director,
subject to the approval of the attorney general. The director
shall provide and furnish a suitable office for the general
counsel upon request of the attorney general.
Sec. 66. Section 309.41, Code 2014, is amended to read as
follows:
309.41 Optional advertisement and letting.
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
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

House File 2423, p. 20
of the board of supervisors meeting at which such action was
taken.
2. Nothing contained in this section shall be deemed to
prohibit the board of supervisors from purchasing material
and using county equipment and regularly employed county road
personnel on a project within their capability as determined
by the county engineer.
Sec. 67. Section 309.43, Code 2014, is amended to read as
follows:
309.43 Record of bids.
All bids received shall be publicly opened, at the time and
place specified in the advertisement, and shall be recorded
in detail , in the road book , by the county auditor ; and the .
The county engineer shall in all instances of day labor , and
private or public contracts , file a detailed cost accounting
sheet with the county auditor ; said . The road book and cost
sheets shall at all times be open to public inspection.
Sec. 68. Section 313.2, Code 2014, is amended to read as
follows:
313.2 “Road systems” defined —— roadside parks.
1. The roads and streets of the state are, for the purpose
of this chapter , those roads and streets established under
chapter 306 .
2. a. Whenever the board of supervisors of a county and
the department mutually determine that a portion of a highway
under the jurisdiction of either party should be transferred to
the jurisdiction of the other party, the board and department
may enter into an agreement to effect such transfer. Such
agreement may provide that each party may undertake or share
responsibility for improving said road with the costs of such
improvement to be borne entirely by either the county or the
department or equitably divided between the two jurisdictions.
All such improvements shall be completed and all actual costs
thereof paid or reimbursed prior to the time transfer of the
road is made. In carrying out such agreement, the board of
supervisors may expend secondary road funds of the county and
the department may expend primary road funds.
b. However, prior to entering into the agreement, a notice
of intent to execute such agreement shall be published in a
newspaper of general circulation within the county and the cost
of such notice shall be jointly borne by the department and
the board of supervisors. If one hundred or more residents of
the county request by petition or in writing that a hearing

House File 2423, p. 21
be held in regard to such agreement within ten days after
the publication of the notice, the board of supervisors and
the department shall hold such a hearing not more than seven
days after receiving the petition or written instrument, and
based upon evidence presented at such hearing shall reexamine
the merits of executing such agreement and make a decision in
regard to it.
3. The department may, for the purpose of affording access
to cities or state parks, or for the purpose of shortening
the direct line of travel on important routes, or to effect
connections with interstate roads at the state line, add such
road or roads to the primary system.
4. The department, either alone or in cooperation with any
county, shall have the authority to utilize any land acquired
incidental to the acquisition of land for highway right-of-way
and to also accept by gift , lands not exceeding two acres in
area for roadside parks and parking areas. The department may
furnish necessary maintenance. The department shall also have
authority to accept by gift , equipment or other installations
incidental to the use of said parks and parking areas. Said
The parks and parking areas shall be a part of the primary
road system and the department may at its discretion sell or
otherwise dispose of said the lands.
5. Reasonable maintenance and surveillance of rest area
sites and buildings located thereon on the sites shall be
provided by employees of the department within the limits of
appropriations provided for such purpose.
Sec. 69. Section 313.28, subsection 1, Code 2014, is amended
to read as follows:
1. When the department, for the purpose of establishing,
constructing, or maintaining any primary road, determines
that any secondary road or portion thereof is necessary for a
detour or haul road, the department, after consultation with
the county board of supervisors having jurisdiction of the
route, shall by order temporarily designate the secondary road
or portion thereof as a temporary primary road detour or as
a temporary primary road haul road, and the department shall
maintain the same as a primary road until it shall revoke the
temporary designation order. Prior to use of a secondary road
as a primary road haul road or detour, the department shall
designate a representative to inspect the secondary road with
the county engineer to determine and note the condition of the
road.

House File 2423, p. 22
Sec. 70. Section 313.65, Code 2014, is amended to read as
follows:
313.65 Approval of taxing bodies.
Before any bridge owned by any individual or private
corporation shall be accepted by the department under the
provisions of sections 313.59 to 313.64 , the said proposal and
acceptance shall first be approved by the following tax levying
and tax certifying bodies located in the said tax district:
1. The board of supervisors , the .
2. The city councils and the .
3. The school board or boards.
Sec. 71. Section 313.66, subsection 4, Code 2014, is amended
to read as follows:
4. Before the purchase of any such bridge shall be completed
by the department under the provisions of this section , the
purchase thereof shall first be approved by the following
tax levying and tax certifying bodies located in said the
district:
a. The board of supervisors , the .
b. The city councils , and the .
c. The school board or boards.
Sec. 72. Section 317.25, subsection 1, Code 2014, is amended
to read as follows:
1. a. A person shall not import, sell, offer for sale,
or distribute teasel in this state in any form, including the
seeds, any of the following plants:
(1) Teasel (Dipsacus) biennial , the multiflora .
(2) Multiflora rose (Rosa multiflora) , purple .
(3) Purple loosestrife (Lythrum salicaria) , purple .
(4) Purple loosestrife (Lythrum virgatum) , garlic .
(5) Garlic mustard (Alliaria petiolata) , oriental .
(6) Oriental bittersweet (Celastrus orbiculatus) , .
(7) Japanese knotweed (Fallopia japonica) , or .
(8) Japanese hop (Humulus japonicus) , including the seeds
of those plants, in any form in this state .
b. However, this subsection paragraph “a” does not prohibit
the sale, offer for sale, or distribution of the multiflora
rose (Rosa multiflora) used for understock for either
cultivated roses or ornamental shrubs in gardens.
Sec. 73. Section 321.24, subsections 7 and 10, Code 2014,
are amended to read as follows:
7. The certificate shall contain the name of the county
treasurer or of the department and, if the certificate of

House File 2423, p. 23
title is printed, the signature of the county treasurer, the
deputy county treasurer, or the department director or deputy
designee. The certificate of title shall contain upon the
reverse side a form for assignment of title or interest and
warranty by the owner, for reassignments by a dealer licensed
in this state or in another state if the state in which the
dealer is licensed permits Iowa licensed dealers to similarly
reassign certificates of title. However, titles for mobile
homes or manufactured homes shall not be reassigned by licensed
dealers. Notwithstanding section 321.1, subsection 17 , as
used in this paragraph subsection, “dealer” means every person
engaged in the business of buying, selling, or exchanging
vehicles of a type required to be registered under this
chapter .
10. A vehicle shall be registered for the registration
year. A vehicle registered for the first time in this state
shall be registered for the remaining unexpired months of the
registration year and pay an annual registration fee prorated
for the remaining unexpired months of the registration year
plus a fee for new registration if applicable pursuant to
section 321.105A . Except for a vehicle registered under
chapter 326 , a vehicle registered for the first time during
the eleventh month of the owner’s registration year may
be registered for the remaining unexpired months of the
registration year as provided in this paragraph subsection or
for the remaining unexpired months of the registration year and
for the next registration year, upon payment of the applicable
registration fees.
Sec. 74. Section 321.178, subsection 2, paragraph a,
subparagraph (2), subparagraph division (b), Code 2014, is
amended to read as follows:
(b) For the period beginning July 1, 2010, through June
30, 2011, peace officers shall issue only warning citations
for violations of subparagraph division (a). The department,
in cooperation with the department of public safety, shall
establish educational programs to foster compliance with the
requirements of subparagraph division (a).
Sec. 75. Section 321.180A, subsection 1, Code 2014, is
amended to read as follows:
1. Notwithstanding other provisions of this chapter , a
person with a physical disability, who is not suffering from
a convulsive disorder and who can provide a favorable medical
report, whose license renewal has been denied under section

House File 2423, p. 24
321.177, subsection 6 or 7 , or whose driver’s license has been
suspended under section 321.210, subsection 1 , paragraph “a” ,
subparagraph (3), upon meeting the requirements of section
321.186 , other than a driving demonstration or elimination
of the person’s limitations which caused the denial under
section 321.177, subsection 6 or 7 , or suspension under section
321.210, subsection 1 , paragraph “a” , subparagraph (3), and
upon paying the fee required in section 321.191 , shall be
issued a special instruction permit by the department. Upon
issuance of the permit the denial or suspension shall be stayed
and the stay shall remain in effect as long as the permit is
valid.
Sec. 76. Section 321.180B, subsection 6, paragraph b, Code
2014, is amended to read as follows:
b. For the period beginning July 1, 2010, through June 30,
2011, peace officers shall issue only warning citations for
violations of paragraph “a” . The department, in cooperation
with the department of public safety, shall establish
educational programs to foster compliance with the requirements
of paragraph “a” .
Sec. 77. Section 321.194, subsection 1, paragraph d,
subparagraph (2), Code 2014, is amended to read as follows:
(2) For the period beginning July 1, 2010, through June 30,
2011, peace officers shall issue only warning citations for
violations of subparagraph (1). The department, in cooperation
with the department of public safety, shall establish
educational programs to foster compliance with the requirements
of subparagraph (1).
Sec. 78. Section 321.498, subsection 1, Code 2014, is
amended to read as follows:
1. The acceptance by any nonresident of this state of the
privileges extended by the laws of this state to nonresident
operators or owners of operating a motor vehicle, or having the
same operated, within this state shall be deemed to be all of
the following :
a. An agreement by the nonresident that the nonresident
shall be subject to the jurisdiction of the district court
of this state over all civil actions and proceedings against
the nonresident for damages to person or property growing or
arising out of such use and operation , and .
b. An appointment by such nonresident of the director of
this state as the nonresident’s lawful attorney upon whom may
be served all original notices of suit pertaining to such

House File 2423, p. 25
actions and proceedings , and .
c. An agreement by such nonresident that any original notice
of suit so served shall be of the same legal force and validity
as if personally served on the nonresident in this state.
Sec. 79. Section 321.555, unnumbered paragraph 1, Code
2014, is amended to read as follows:
As used in this division section and sections 321.556
through 321.562 , “habitual offender” means any person who has
accumulated convictions for separate and distinct offenses
described in subsection 1, 2, or 3 , committed after July 1,
1974, for which final convictions have been rendered, as
follows:
Sec. 80. Section 321.562, Code 2014, is amended to read as
follows:
321.562 Rule of construction.
Nothing in sections 321.555 through 321.561 or this
division section shall be construed as amending, modifying, or
repealing any existing law of this state or any ordinance of
any political subdivision relating to the operation of motor
vehicles, the licensing of persons to operate motor vehicles,
or providing penalties for the violation thereof.
Sec. 81. Section 321A.8, Code 2014, is amended to read as
follows:
321A.8 Application to unlicensed drivers and unregistered
motor vehicles.
In case the operator or the owner of a motor vehicle
involved in an accident within this state has no license or
registration, the operator or owner shall not be allowed
a license or registration until the operator or owner has
complied with the requirements of sections 321A.4 to through
321A.7, this section, and sections 321A.9 through 321A.11 to
the same extent that would be necessary if, at the time of
the accident, the operator or owner had held a license and
registration.
Sec. 82. Section 321A.9, subsection 1, Code 2014, is amended
to read as follows:
1. The security required under sections 321A.4 to through
321A.8, this section, and sections 321A.10 and 321A.11 shall be
in such form and in such amount as the department may require
but in no case in excess of the limits specified in section
321A.5 in reference to the acceptable limits of a policy or
bond. The person depositing security shall specify in writing
the person or persons on whose behalf the deposit is made

House File 2423, p. 26
and, at any time while such deposit is in the custody of the
department or state treasurer, the person depositing it may,
in writing, amend the specification of the person or persons
on whose behalf the deposit is made to include an additional
person or persons; provided, however, that a single deposit of
security shall be applicable only on behalf of persons required
to furnish security because of the same accident.
Sec. 83. Section 321A.10, Code 2014, is amended to read as
follows:
321A.10 Custody, disposition, and return of security.
Security deposited in compliance with the requirements of
sections 321A.4 to through 321A.9, this section, and section
321A.11 shall be placed by the department in the custody
of the state treasurer and shall be applicable only to the
payment of a judgment or judgments rendered against the person
or persons on whose behalf the deposit was made, for damages
arising out of the accident in question in an action at law,
begun not later than one year after the date of such accident,
or within one year after the date of deposit of any security
under subsection 3 of section 321A.7 , and such deposit or any
balance thereof shall be returned to the depositor or the
depositor’s personal representative when evidence satisfactory
to the department has been filed with the department that there
has been a release from liability, or a final adjudication of
nonliability, or a warrant for confession of judgment, or a
duly acknowledged agreement, in accordance with subsection 4 of
section 321A.6 , or whenever, after the expiration of one year
from the date of the accident, or within one year after the
date of deposit of any security under subsection 3 of section
321A.7 , the department shall be given reasonable evidence that
there is no such action pending and no judgment rendered in
such action left unpaid.
Sec. 84. Section 321A.13, subsection 3, Code 2014, is
amended to read as follows:
3. Any person whose license, registration, or nonresident’s
operating privilege has been suspended or is about to be
suspended or shall become subject to suspension under the
provisions of sections 321A.12 to , this section, and sections
321A.14 through 321A.29 may be relieved from the effect of such
judgment as hereinbefore prescribed in said sections by filing
with the department an affidavit stating that at the time of
the accident upon which such judgment has been rendered the
affiant was insured, that the insurer is liable to pay such

House File 2423, p. 27
judgment, and the reason, if known, why such insurance company
has not paid such judgment. Such a person shall also file
the original policy of insurance or a certified copy thereof,
if available, and such other documents as the department may
require to show that the loss, injury, or damage for which such
judgment was rendered, was covered by such policy of insurance.
If the department is satisfied from such papers that such
insurer was authorized to issue such policy of insurance at the
time and place of issuing such policy and that such insurer is
liable to pay such judgment, at least to the extent and for
the amounts required in this chapter , the department shall not
suspend such license or registration or nonresident’s operating
privilege, or if already suspended shall reinstate them.
Sec. 85. Section 321J.17, subsection 3, Code 2014, is
amended to read as follows:
3. The department shall also require certification of
installation of an ignition interlock device of a type approved
by the commissioner of public safety on all motor vehicles
owned or operated by any person seeking reinstatement following
a second or subsequent revocation under section 321J.4 ,
321J.9 , or 321J.12 . The requirement for the installation of
an approved ignition interlock device shall be for one year
from the date of reinstatement unless a longer time period
is required by statute. The one-year period a person is
required to maintain an ignition interlock device under this
subsection shall be reduced by any period of time the person
held a valid temporary restricted license during the period
of the revocation for the occurrence from which the arrest
arose. The person shall not operate any motor vehicle which
is not equipped with an approved ignition interlock device
during the period in which an ignition interlock device must be
maintained, and the department shall not grant reinstatement
unless the person certifies installation of an ignition
interlock device as required in this subsection .
Sec. 86. Section 331.301, subsection 6, paragraph b, Code
2014, is amended to read as follows:
b. A county shall not impose any fee or charge on any
individual or business licensed by the plumbing and mechanical
systems board for the right to perform plumbing, mechanical,
HVAC, refrigeration, sheet metal, or hydronic systems work
within the scope of the license. This paragraph does not
prohibit a county from charging fees for the issuance of
permits for, and inspections of, work performed in its

House File 2423, p. 28
jurisdiction.
Sec. 87. Section 364.3, subsection 3, paragraph b, Code
2014, is amended to read as follows:
b. A city shall not impose any fee or charge on any
individual or business licensed by the plumbing and mechanical
systems board for the right to perform plumbing, mechanical,
HVAC, refrigeration, sheet metal, or hydronic systems work
within the scope of the license. This paragraph does not
prohibit a city from charging fees for the issuance of permits
for, and inspections of, work performed in its jurisdiction.
Sec. 88. Section 384.3A, subsection 3, paragraph j, Code
2014, is amended to read as follows:
j. For franchise fees assessed and collected by a city in
excess of five percent of gross revenues generated from sales
of the franchisee within the city pursuant to section 364.2,
subsection 4 , paragraph “f” , subparagraph (1), subparagraph
division (b), during fiscal years beginning on or after July
1, 2013, but before July 1, 2030, the adjustment, renewal,
or extension of any part or all of the legal indebtedness of
a city, whether evidenced by bonds, warrants, court-approved
settlements, court-approved compromises, or judgments, or the
funding or refunding of the same, if such legal indebtedness
relates to restitution, a refund, or a return ordered by a
court of competent jurisdiction for franchise fees assessed and
collected by the city before June 30 20 , 2013. This paragraph
“j” is repealed July 1, 2030.
Sec. 89. Section 422.32, subsection 1, Code 2014, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0g. “Income from sources within this state”
means income from real, tangible, or intangible property
located or having a situs in this state.
Sec. 90. Section 422.33, subsection 1, unnumbered paragraph
2, Code 2014, is amended by striking the unnumbered paragraph.
Sec. 91. Section 423A.6, subsection 1, Code 2014, is amended
to read as follows:
1. The director of revenue shall administer the state and
local hotel and motel tax as nearly as possible in conjunction
with the administration of the state sales tax law, except
that portion of the law which implements the streamlined sales
and use tax agreement. The director shall provide appropriate
forms, or provide on the regular state tax forms, for reporting
state and local hotel and motel tax liability. All moneys
received or refunded one hundred eighty days after the date

House File 2423, p. 29
on which a city or county terminates its local hotel and
motel tax and all moneys received from the state hotel and
motel tax shall be deposited in or withdrawn from the general
fund of the state. Beginning the first day of the calendar
quarter beginning on the reinvestment district’s commencement
date, the director of revenue shall, subject to remittance
limitations established by the economic development authority
board pursuant to section 15J.4, subsection 3 , transfer from
the general fund of the state to a district account created
in the state reinvestment district fund for each reinvestment
district established under chapter 15J , the amount of the new
state hotel and motel tax revenue, determined in section 15J.5,
subsection 2 , paragraph “b” , in the district. Such transfers
shall cease pursuant to section 15J.8 .
Sec. 92. Section 433.2, Code 2014, is amended to read as
follows:
433.2 Additional statement.
Upon the receipt of said the statements required in section
433.1 from the several companies, the director of revenue
shall examine said the statements and if . If the director
shall deem deems the same statements insufficient and that
further information is requisite, the director shall require
the officer making same the statements to make such other or
further statement as the director may desire.
Sec. 93. Section 433.4, subsection 1, Code 2014, is amended
to read as follows:
1. The director of revenue shall on or before October 31
each year, proceed to find the actual value of the property
of these telegraph and telephone companies in this state that
is used by the companies in the transaction of telegraph and
telephone business, taking into consideration the information
obtained from the statements required, and any further
information the director can obtain, using the same as a means
for determining the actual value of the property of these the
companies within this state. The director shall also take
into consideration the valuation of all property of these the
companies, including franchises and the use of the property
in connection with lines outside the state, and making these
deductions as may be necessary on account of extra value of
property outside the state as compared with the value of
property in the state, in order that the actual value of the
property of the company within this state may be ascertained.
The assessment shall include all property of every kind

House File 2423, p. 30
and character whatsoever, real, personal, or mixed, used by
the companies in the transaction of telegraph and telephone
business. The property so included in the assessment shall not
be taxed in any other manner than as provided in this chapter .
Sec. 94. Section 437A.3, subsection 18, paragraph a,
subparagraph (2), Code 2014, is amended to read as follows:
(2) An electric power generating plant where the
acquisition cost of all interests acquired exceeds ten million
dollars. For purposes of this paragraph subparagraph , “electric
power generating plant” means each nameplate rated electric
power generating plant owned solely or jointly by any person
or electric power facility financed under the provisions of
chapter 28F or 476A in which electrical energy is produced from
other forms of energy, including all equipment used in the
production of such energy through its step-up transformer.
Sec. 95. Section 441.4, Code 2014, is amended to read as
follows:
441.4 Removal of member.
A member of this examining board may be removed by the
voting unit of the conference board by which the member was
appointed but only after specific charges have been filed and a
public hearing held, if a public hearing is requested by the
discharged member of the board. Subsequent appointments and an
appointment to fill a vacancy shall be made in the same way as
the original appointment.
Sec. 96. Section 452A.6A, subsection 2, Code 2014, is
amended to read as follows:
2. A refiner, supplier, terminal operator, or terminal
owner who in the ordinary course of business sells or
transports a conventional blendstock for oxygenate blending,
gasoline unblended or blended with a biofuel, or diesel fuel
unblended or blended with a biofuel shall not refuse to sell
or transport to a distributor or dealer any conventional
blendstock for oxygenate blending, unblended gasoline, or
unblended diesel fuel that is at the terminal, based on the
distributor’s or dealer’s intent to use the conventional
blendstock for oxygenate blending , or to blend the gasoline or
diesel fuel with a biofuel.
Sec. 97. Section 455A.20, subsection 2, Code 2014, is
amended to read as follows:
2. The duties of the county resource enhancement committee
are to coordinate the resource enhancement program, plans, and
proposed projects developed by cities, county conservation

House File 2423, p. 31
board, and soil and water conservation district commissioners
for funding under this division subchapter . The county
committee shall review and comment upon all projects before
they are submitted for funding under section 455A.19 . Each
county committee shall propose a five-year program plan which
includes a one-year proposed expenditure plan and submit it to
the department.
Sec. 98. Section 461.1, Code 2014, is amended to read as
follows:
461.1 Title.
This Act chapter shall be known and may be cited as the
“Natural Resources and Outdoor Recreation Act” .
Sec. 99. Section 462A.49, Code 2014, is amended to read as
follows:
462A.49 Prohibited use of “applied for” card.
No A manufacturer or dealer shall not permit the use of such
a “registration applied for” card unless an application for a
registration certificate has been made.
Sec. 100. Section 462A.77, subsections 4 and 9, Code 2014,
are amended to read as follows:
4. Every owner of a vessel subject to titling under this
chapter shall apply to the county recorder for issuance of
a certificate of title for the vessel within thirty days
after acquisition. The application shall be on forms the
department prescribes, and accompanied by the required
fee. The application shall be signed and sworn to before a
notarial officer as provided in chapter 9B or other person
who administers oaths, or shall include a certification
signed in writing containing substantially the representation
that statements made are true and correct to the best of the
applicant’s knowledge, information, and belief, under penalty
of perjury. The application shall contain the date of sale
and gross price of the vessel or the fair market value if no
sale immediately preceded the transfer, and any additional
information the department requires. If the application
is made for a vessel last previously registered or titled
in another state or foreign country, it shall contain this
information and any other information the department requires.
9. A person who owns a vessel which is not required to have
a certificate of title may apply for and receive a certificate
of title for the vessel and the vessel shall subsequently be
subject to the requirements of this division subchapter as
though the vessel was required to be titled.

House File 2423, p. 32
Sec. 101. Section 466.9, subsection 1, Code 2014, is amended
to read as follows:
1. An on-site wastewater systems assistance fund is
established as a separate fund in the state treasury under the
control of the department of natural resources . Moneys in the
fund are appropriated to the department of natural resources
for the exclusive purpose of supporting and administering the
on-site wastewater systems assistance program as established
in section 466.8 .
Sec. 102. Section 466.9, subsection 3, paragraph a,
subparagraph (1), Code 2014, is amended to read as follows:
(1) The financing account which shall be used for the
exclusive purpose of providing financing to homeowners with
for improving on-site wastewater systems under the on-site
wastewater systems assistance program.
Sec. 103. Section 468.69, Code 2014, is amended to read as
follows:
468.69 Bonds received for assessments.
Bonds issued for the cost of construction, maintenance , or
repair of any drainage or levee district, or for the refunding
of any obligation of such district , may be acquired by any
taxpayer or group of taxpayers of such district , and applied
at their face value in the order of their priority, if any
priority exists between bonds of the same issue, upon the
payment of the delinquent and/or or future assessments levied
against the property of such taxpayers to pay off the bonds so
acquired ; the . The interest coupons attached to such bonds ,
may likewise be applied at their face value to the payment of
assessments for interest accounts, delinquent or future.
Sec. 104. Section 490.728, subsection 1, Code 2014, is
amended to read as follows:
1. Unless otherwise provided in the articles of
incorporation, directors are elected by a plurality of the
votes cast by the shares entitled to vote be voted in the
election at a meeting at which a quorum is present.
Sec. 105. Section 490.728, subsection 4, unnumbered
paragraph 1, Code 2014, is amended to read as follows:
Shares otherwise entitled to vote be voted cumulatively
shall not be voted cumulatively at a particular meeting unless
any of the following applies:
Sec. 106. Section 490.860, subsection 6, paragraph b, Code
2014, is amended to read as follows:
b. If the transaction is not brought before the board of

House File 2423, p. 33
directors of the corporation, or its committee, for action
under section 490.862 , at the time at which the corporation,
or an entity controlled by the corporation, becomes legally
obligated to consummate the transaction.
Sec. 107. Section 499.66, subsection 2, paragraph c, Code
2014, is amended to read as follows:
c. The fair value of a dissenting member’s interest in the
old association shall be determined as of the day preceding
the merger or consolidation by taking the lesser of either
the issue price of the dissenting member’s membership, common
stock, deferred patronage dividends, and preferred stock, or
the amount determined by subtracting the old association’s
debts from the fair market value of the old association’s
assets, dividing the remainder by the total issue price of
all memberships, common stock, preferred stock, and revolving
funds, and then multiplying the quotient from this division
equation by the total issue price of a dissenting member’s
membership, common stock, preferred stock, and revolving fund
interest.
Sec. 108. Section 501.616, subsection 3, Code 2014, is
amended to read as follows:
3. The fair value of a dissenting member’s interest in the
old cooperative shall be determined as of the day preceding
the merger or consolidation by taking the lesser of either the
issue price of the dissenting member’s membership, deferred
patronage, and any other interests in the cooperative, or
the amount determined by subtracting the old cooperative’s
debts from the fair market value of the old cooperative’s
assets, dividing the remainder by the total issue price of all
memberships, deferred patronage, and all other interests, and
then multiplying the quotient from this division equation by
the total issue price of a dissenting member’s membership,
deferred patronage, and other interests.
Sec. 109. Section 501B.7, subsection 7, Code 2014, is
amended to read as follows:
7. A statement of authority filed by in the office of the
county recorder as provided in subsection 2 is effective until
amended or canceled, unless an earlier cancellation date is
specified in the statement.
Sec. 110. Section 502.412, subsection 3, Code 2014, is
amended to read as follows:
3. Disciplinary penalties —— registrants. If the
administrator finds that the order is in the public interest

House File 2423, p. 34
and subsection 4 , paragraphs “a” through “f” , “h” , “i” , “j” ,
“l” , or “m” , authorizes the action, an order under this chapter
may censure, impose a bar, or impose a civil penalty in an
amount not to exceed a maximum of ten thousand dollars for
a single violation or one million dollars for more than one
violation, or in an amount as agreed to by the parties, on
a registrant, and, if the registrant is a broker-dealer or
investment adviser, on a partner, officer, director, or person
having a similar status or performing similar functions,
or on a person directly or indirectly in control, of the
broker-dealer or investment adviser.
Sec. 111. Section 508C.3, subsection 1, paragraph e, Code
2014, is amended by striking the paragraph.
Sec. 112. Section 508C.3, subsection 1, paragraph f, Code
2014, is amended to read as follows:
f. Coverage under this chapter shall be provided to a A
person who is a resident of this state and, only in special
circumstances, to a nonresident. In order to avoid duplicate
coverage, if a person who would otherwise receive coverage
under this chapter is provided coverage under the laws of
any other state, that person shall not be provided coverage
under this chapter . In determining the application of the
provisions of this paragraph in situations where a person could
be provided coverage by the association of more than one state,
whether as an owner, payee, beneficiary, or assignee, this
chapter shall be construed in conjunction with other state laws
to result in coverage by the association of only one state.
Sec. 113. Section 508C.3, Code 2014, is amended by adding
the following new subsection:
NEW SUBSECTION . 2A. Coverage under this chapter shall not
be provided to any of the following:
a. A person who is a payee, or the beneficiary of a payee
if the payee is deceased, of a contract owner who is a resident
of this state, if the payee or the beneficiary of the payee is
provided any coverage by the association of another state.
b. A person who is covered pursuant to subsection 1,
paragraph “c” if that person is provided any coverage by the
association of another state.
Sec. 114. Section 508C.3, subsection 3, paragraph o,
subparagraph (1), Code 2014, is amended to read as follows:
(1) Dividends of or experience rating credits.
Sec. 115. Section 514I.8, subsection 2, paragraph c, Code
2014, is amended to read as follows:

House File 2423, p. 35
c. Is a member of a family whose income does not exceed
three hundred percent of the federal poverty level, as defined
in 42 U.S.C. § 9902(2), including any revision required by
such section, and in accordance with the federal Children’s
Health Insurance Program Reauthorization Act of 2009, Pub. L.
No. 111-3. The modified adjusted gross income methodology
prescribed in section 2101 of the federal Patient Protection
and Affordable Care Act, Pub. L. No. 111-148, shall be used to
determine family income under this paragraph.
Sec. 116. Section 515.35, subsection 4, paragraphs n and o,
Code 2014, are amended to read as follows:
n. Other investments.
(1) A company organized under this chapter may invest up to
five percent of its admitted assets in securities or property
of any kind, without restrictions or limitations except those
imposed on business corporations in general.
(2) A company organized under this chapter may invest
its assets in any additional forms not specifically included
in paragraphs “a” through “o” “m” and this paragraph when
authorized by rules adopted by the commissioner.
o. Rules. The commissioner may adopt rules pursuant to
chapter 17A to carry out the purposes and provisions of this
section .
Sec. 117. Section 515.35, Code 2014, is amended by adding
the following new subsection:
NEW SUBSECTION . 5. Rules. The commissioner may adopt
rules pursuant to chapter 17A to carry out the purposes and
provisions of this section.
Sec. 118. Section 521B.104, subsection 2, paragraph b, Code
2014, is amended to read as follows:
b. Is regulated, supervised, and examined by United States
federal or state authorities having regulatory authority over
banks and trust companies.
Sec. 119. Section 535.2, subsection 1, unnumbered paragraph
1, Code 2014, is amended to read as follows:
Except as provided in subsection 2 hereof , the rate of
interest shall be five cents on the hundred by the year in the
following cases, unless the parties shall agree in writing
for the payment of interest at a rate not exceeding the rate
permitted by subsection 3 :
Sec. 120. Section 543B.20, Code 2014, is amended to read as
follows:
543B.20 Examination.

House File 2423, p. 36
Examinations for registration a license shall be given as
often as deemed necessary by the real estate commission, but
no less than one time per year. Each applicant for a license
must pass an examination authorized by the commission and
administered by the commission or persons designated by the
commission. The examination shall be of scope and wording
sufficient in the judgment of the commission to establish
the competency of the applicant to act as a real estate
broker or salesperson in a manner to protect the interests of
the public. An examination for a real estate broker shall
be of a more exacting nature than that for a real estate
salesperson and require higher standards of knowledge of real
estate. The identity of the persons taking the examinations
shall be concealed until after the examination has been
graded. A person who fails to pass either examination once
may immediately apply to take the next available examination.
Thereafter, the applicant may take the examination at the
discretion of the commission. An applicant who has failed
either examination may request in writing information from the
commission concerning the applicant’s examination grade and
subject areas or questions which the applicant failed to answer
correctly, except that if the commission administers a uniform,
standardized examination, the commission is only required to
provide the examination grade and other information concerning
the applicant’s examination results which is available to the
commission.
Sec. 121. Section 543B.46, subsections 2 and 3, Code 2014,
are amended to read as follows:
2. Each broker shall notify the real estate commission of
the name of each bank or , savings association , or credit union
in which a trust account is maintained and also the name of the
account on forms provided therefor.
3. Each broker shall authorize the real estate commission to
examine each trust account and shall obtain the certification
of the bank or , savings association , or credit union attesting
to each trust account and consenting to the examination and
audit of each account by a duly authorized representative
of the commission. The certification and consent shall
be furnished on forms prescribed by the commission. This
subsection does not apply to an individual farm account
maintained in the name of the owner or owners for the purpose
of conducting ongoing farm business whether it is conducted by
the farm owner or by an agent or farm manager when the account

House File 2423, p. 37
is part of a farm management agreement between the owner and
agent or manager. This subsection also does not apply to an
individual property management account maintained in the name
of the owner or owners for the purpose of conducting ongoing
property management whether it is conducted by the property
owner or by an agent or manager when the account is part of a
property management agreement between the owner and agent or
manager.
Sec. 122. Section 554.3312, subsection 2, paragraph a, Code
2014, is amended to read as follows:
a. The claim becomes enforceable at the later of (i) the
time the claim is asserted, or (ii) the ninetieth day following
the date of the check, in the case of a cashier’s check or
teller’s check, or the ninetieth day following the date of the
acceptance, in the case of a certified check.
Sec. 123. Section 554.3504, subsection 1, Code 2014, is
amended to read as follows:
1. Presentment for payment or acceptance of an instrument
is excused if the person entitled to present the instrument
cannot with reasonable diligence make presentment , ; the maker
or acceptor has repudiated an obligation to pay the instrument
or is dead or in insolvency proceedings , ; by the terms of
the instrument presentment is not necessary to enforce the
obligation of endorsers or the drawer , ; the drawer or endorser
whose obligation is being enforced has waived presentment or
otherwise has no reason to expect or right to require that the
instrument be paid or accepted , ; or the drawer instructed the
drawee not to pay or accept the draft or the drawee was not
obligated to the drawer to pay the draft.
Sec. 124. Section 554.9502, subsection 3, paragraph c, Code
2014, is amended to read as follows:
c. the record satisfies the requirements for a financing
statement in this section , but :
(1) the record need not indicate that it is to be filed in
the real property records; and
(2) the record sufficiently provides the name of a debtor
who is an individual if it provides the individual name of the
debtor or the surname and first personal name of the debtor,
even if the debtor is an individual to whom section 554.9503,
subsection 1 , paragraph “d” applies; and
Sec. 125. Section 559.2, unnumbered paragraph 1, Code 2014,
is amended to read as follows:
The term “power to appoint” as used in section 559.1 this

House File 2423, p. 38
chapter , shall mean and include all powers which are in
substance and effect powers of appointment, regardless of the
language used in creating them and whether they are:
Sec. 126. Section 572.13A, subsection 3, paragraphs a and c,
Code 2014, are amended to read as follows:
a. At the time a notice of commencement of work is posted
on the mechanics’ notice and lien registry internet site,
the administrator shall assign a mechanics’ notice and lien
registry number and send a copy of the owner notice described
in section 572.13 . The owner notice shall contain the
following language:
Persons or companies furnishing labor or materials for the
improvement of real property may enforce a lien upon the
improved property if they are not paid for their contributions,
even if the parties have no direct contractual relationship
with the owner. The mechanics’ notice and lien registry
internet site provides a listing of all persons or companies
furnishing labor or materials who have posted a lien or who
may post a lien upon the improved property. If the person or
company has posted its notice or lien to the mechanics’ notice
and lien registry internet site , you may be required to pay the
person or company even if you have paid the general contractor
the full amount due. Therefore, check the mechanics’ notice
and lien registry internet site for information about the
property including persons or companies furnishing labor or
materials before paying your general contractor. In addition,
when making payment to your general contractor, it is important
to obtain lien waivers from your general contractor and
from persons or companies registered as furnishing labor or
materials to your property. The information in the mechanics’
notice and lien registry is posted on the internet site of the
mechanics’ notice and lien registry.
c. The notice described in subsection 1 shall be sent
to the owner’s address as posted to the mechanics’ notice
and lien registry internet site by the general contractor,
owner-builder, or subcontractor. If the owner’s address is
different than the property address, a copy of the notice shall
also be sent to the property address, addressed to the owner
if a mailing address has been assigned to the property by the
United States postal service.
Sec. 127. Section 572.13B, subsection 2, Code 2014, is
amended to read as follows:
2. At the time a preliminary notice is posted to the

House File 2423, p. 39
mechanics’ notice and lien registry internet site , the
administrator shall send notification to the owner, including
the owner notice described in section 572.13, subsection 1 ,
and shall post the mailing of the notice on the mechanics’
notice and lien registry internet site as prescribed by the
administrator pursuant to rule. Notices under this section
shall not be sent to owner-builders. Upon request, the
administrator shall provide proof of service at no cost for the
notice required under this section .
Sec. 128. Section 572.33A, subsection 1, unnumbered
paragraph 1, Code 2014, is amended to read as follows:
An owner of a building, land, or improvement upon which
a mechanic’s lien of a subcontractor may be posted , is not
required to pay the general contractor for compensation for
work done or material furnished for the building, land, or
improvement until the expiration of ninety days after the
completion of the building or improvement unless the general
contractor furnishes to the owner one of the following:
Sec. 129. Section 572.34, subsection 6, Code 2014, is
amended to read as follows:
6. The administrator shall charge and collect fees as
established by rule necessary for the administration and
maintenance of the registry and the registry’s internet
site. The administrator shall not charge a posting fee for
a preliminary notice required pursuant to this chapter that
exceeds the cost of sending such notice by certified mail with
restricted delivery and return receipt. The administrator
shall not charge a posting fee that exceeds forty dollars for a
mechanic’s lien that exceeds forty dollars .
Sec. 130. Section 589.4, Code 2014, is amended to read as
follows:
589.4 Acknowledgments by corporation officers.
The acknowledgments of all deeds, mortgages, or other
instruments in writing taken or certified more than ten years
earlier, which instruments have been recorded in the recorder’s
office of any county of this state, including acknowledgments
of instruments made by a corporation, or to which the
corporation was a party, or under which the corporation was
a beneficiary, and which have been acknowledged before or
certified by a notarial officer as provided in chapter 9B
who was at the time of the acknowledgment or certifying a
stockholder or officer in the corporation, are legal and valid
official acts of the notaries public notarial officers , and

House File 2423, p. 40
entitle the instruments to be recorded, anything in the laws
of the state of Iowa in regard to acknowledgments to the
contrary notwithstanding. This section does not affect pending
litigation.
Sec. 131. Section 589.5, Code 2014, is amended to read as
follows:
589.5 Acknowledgments by stockholders.
All deeds and conveyances of lands within this state
executed more than ten years earlier, but which have been
acknowledged or proved according to and in compliance with
the laws of this state before a notarial officer as provided
in chapter 9B or other official authorized by law to take
acknowledgments who was, at the time of the acknowledgment,
an officer or stockholder of a corporation interested in the
deed or conveyance, or otherwise interested in the deeds or
conveyances, are, if otherwise valid, valid in law as though
acknowledged or proved before an officer not interested in
the deeds or conveyances; and if recorded more than ten years
earlier, in the respective counties in which the lands are, the
records are valid in law as though the deeds and conveyances,
so acknowledged or proved and recorded, had, prior to being
recorded, been acknowledged or proved before an a notarial
officer having no interest in the deeds or conveyances.
Sec. 132. Section 602.8103A, subsection 3, Code 2014, is
amended to read as follows:
3. If a request is made pursuant to subsection 1 , within
seven days of the filing of the final briefs in the appeal, the
clerk of the district court shall transmit any of the remaining
record to the clerk of the supreme court within seven days of
the filing of the final briefs in the appeal .
Sec. 133. Section 602.11105, subsection 1, unnumbered
paragraph 1, Code 2014, is amended to read as follows:
Commencing one year prior to each category of employees
becoming state employees as a result of this Act 1983 Acts, ch.
186 , new employees shall not be hired and vacancies shall not
be filled, except as provided in subsection 2 , with respect to
any of the following agencies or positions:
Sec. 134. Section 602.11106, Code 2014, is amended to read
as follows:
602.11106 Employee reclassification moratorium.
Commencing one year prior to county employees becoming state
employees as a result of this Act 1983 Acts, ch. 186 , the
county employees shall not be promoted or demoted, and shall

House File 2423, p. 41
not be subject to a reduction in salary or a reduction in other
employee benefits, except after approval by the chief judge
of the judicial district. An employer wishing to take any of
these actions shall apply to the chief judge in a writing that
discloses the proposed action, the reasons for the action,
and the statutory or other authority for the action. The
chief judge shall not approve any proposed action that is in
violation of an employee’s rights or that is extraordinary
when compared with customary practices and procedures of the
employer. The chief judge shall obtain the advice of the
district judges of the judicial district respecting decisions
to be made under this section .
Sec. 135. Section 602.11107, subsections 1 and 5, Code 2014,
are amended to read as follows:
1. Commencing on the date when each category of employees
becomes state employees as a result of this Act 1983 Acts,
ch. 186 , public property referred to in subsection 2 that on
the day prior to that date is in the custody of a person or
agency referred to in subsection 3 shall not become property
of the judicial branch but shall be devoted for the use of
the judicial branch in its course of business. The judicial
branch shall only be responsible for maintenance contracts or
contracts for purchase entered into by the judicial branch.
Upon replacement of the property by the judicial branch, the
property shall revert to the use of the appropriate county.
However, if the property is personal property of a historical
nature, the property shall not become property of the judicial
branch, and the county shall make the property available to
the judicial branch for the judicial branch’s use within the
county courthouse until the court no longer wishes to use the
property, at which time the property shall revert to the use of
the appropriate county.
5. Personal property of a type that is subject to
subsections 1 through 3 shall be subject to the control of the
chief judge of the judicial district commencing on the date
when each category of employees becomes state employees as a
result of this Act 1983 Acts, ch. 186 . On and after that date
the chief judge of the judicial district may issue necessary
orders to preserve the use of the property by the district
court. Commencing on that date, the chief judge, subject
to the direction of the supreme court, shall establish and
maintain an inventory of property used by the district court.
Sec. 136. Section 631.8, subsections 4, 5, and 6, Code 2014,

House File 2423, p. 42
are amended to read as follows:
4. In small claims actions, a counterclaim, cross claim,
or intervention in a greater amount than that of a small claim
shall be in the form of a regular pleading. A copy shall be
filed for each existing party. New parties, when permitted by
order, may be brought in under rule of civil procedure 1.246
and shall be given notice under the rules of civil procedure
pertaining to commencement of actions. The court shall either
order such counterclaim, cross claim, or intervention to be
tried by regular procedure and the other claim to be heard
under this division chapter , or order the entire action to be
tried by regular procedure.
5. In regular action, when a party joins a small claim with
one which is not a small claim, regular procedure shall apply
to both unless the court transfers the small claim to the small
claims docket for hearing under this division chapter .
6. In regular actions, a counterclaim, cross claim, or
intervention in the amount of a small claim shall be pleaded,
tried, and determined by regular procedure, unless the court
transfers the small claim to the small claims docket for
hearing under this division chapter .
Sec. 137. Section 633.304, subsection 2, Code 2014, is
amended to read as follows:
2. On admission of a will to probate, the executor, as
soon as letters are issued, shall cause notice to be published
once each week for two consecutive weeks in a daily or weekly
newspaper of general circulation published in the county in
which the estate is pending and at any time during the pendency
of administration that the executor has knowledge of the name
and address of a person believed to own or possess a claim
which will not or may not be paid or otherwise satisfied during
administration, provide notice by ordinary mail to each such
claimant at the claimant’s last known address, and as soon as
practicable give notice, except to any executor, by ordinary
mail to the surviving spouse, each heir of the decedent ,
and each devisee under the will admitted to probate whose
identities are reasonably ascertainable, at such persons’ last
known addresses, a that gives notice of admission of the will
to probate and of the appointment of the executor , in which .
In the notice shall be included a notice that any action to set
aside the probate of the will must be brought within the later
to occur of four months from the date of the second publication
of the notice or one month from the date of mailing of this

House File 2423, p. 43
notice or thereafter be forever barred, and in which shall be
included a notice to debtors to make payment, and a notice to
creditors having claims against the estate to file them with
the clerk within four months from the second publication of the
notice, or thereafter be forever barred.
Sec. 138. Section 656.3, subsection 2, Code 2014, is amended
to read as follows:
2. The notice provided for in section 656.2 may be served on
a judgment creditor of a deceased vendor vendee or on any other
person who is, as a matter of record, interested in the estate
of a deceased vendor vendee in the manner provided in section
654.4A, subsections 4 and 5 .
Sec. 139. Section 692A.101, subsection 1, paragraph b, Code
2014, is amended to read as follows:
b. Any conviction for an offense specified in the laws
of another jurisdiction or any conviction for an offense
prosecuted in federal, military, or foreign court , that is
comparable to an offense listed in paragraph “a” shall be
considered an aggravated offense for purposes of registering
under this chapter .
Sec. 140. Section 692A.101, subsection 2, paragraph b, Code
2014, is amended to read as follows:
b. Any offense specified in the laws of another jurisdiction
or prosecuted in a federal, military, or foreign court , that
is comparable to an offense listed in paragraph “a” shall be
considered an aggravated offense against a minor if such an
offense was committed against a minor or otherwise involves a
minor.
Sec. 141. Section 692A.102, subsection 1, paragraph a,
subparagraph (18), Code 2014, is amended to read as follows:
(18) Any sex offense specified in the laws of another
jurisdiction , or any sex offense that may be prosecuted in
federal, military, or foreign court, that is comparable to an
offense listed in subparagraphs (1) through (17).
Sec. 142. Section 692A.102, subsection 1, paragraph b,
subparagraph (28), Code 2014, is amended to read as follows:
(28) Any sex offense specified in the laws of another
jurisdiction , or any sex offense that may be prosecuted in a
federal, military, or foreign court, that is comparable to an
offense listed in subparagraphs (1) through (27).
Sec. 143. Section 692A.102, subsection 1, paragraph c,
subparagraph (41), Code 2014, is amended to read as follows:
(41) Any sex offense specified in the laws of another

House File 2423, p. 44
jurisdiction , or any sex offense that may be prosecuted in
federal, military, or foreign court, that is comparable to an
offense listed in subparagraphs (1) through (40).
Sec. 144. Section 702.17, Code 2014, is amended to read as
follows:
702.17 Sex act.
The term “sex act” or “sexual activity” means any
sexual contact between two or more persons by any of the
following : penetration
1. Penetration of the penis into the vagina or anus ;
contact .
2. Contact between the mouth and genitalia or by contact
between the genitalia of one person and the genitalia or anus
of another person ; contact .
3. Contact between the finger or hand of one person and
the genitalia or anus of another person, except in the course
of examination or treatment by a person licensed pursuant to
chapter 148 , 148C , 151 , or 152 ; ejaculation .
4. Ejaculation onto the person of another ; or by .
5. By use of artificial sexual organs or substitutes
therefor in contact with the genitalia or anus.
Sec. 145. Section 715A.1, Code 2014, is amended to read as
follows:
715A.1 Definitions.
As used in this chapter:
1. “Credit card” means a writing purporting to evidence
an undertaking to pay for property or services delivered or
rendered to or upon the order of a designated person or bearer
and includes a debit card or access device used to engage in an
electronic transfer of funds through a satellite terminal as
defined in section 527.2, subsection 20.
1. 2. As used in this chapter the term “writing” “Writing”
includes printing or any other method of recording information,
and includes money, coins, tokens, stamps, seals, credit
cards, badges, trademarks, and other symbols of value, right,
privilege, or identification.
2. As used in this chapter the term “credit card” means
a writing purporting to evidence an undertaking to pay for
property or services delivered or rendered to or upon the order
of a designated person or bearer and includes a debit card
or access device used to engage in an electronic transfer of
funds through a satellite terminal as defined in section 527.2,
subsection 20 .

House File 2423, p. 45
Sec. 146. Section 715A.6, subsection 2, Code 2014, is
amended to read as follows:
2. a. An offense under this section is a class “C” felony
if the value of the property or services secured or sought to
be secured by means of the credit card is greater than ten
thousand dollars.
b. If the value of the property or services secured or
sought to be secured by means of the credit card is greater
than one thousand dollars but not more than ten thousand
dollars, an offense under this section is a class “D” felony ,
otherwise the .
c. If the value of the property or services secured
or sought to be secured by means of the credit card is one
thousand dollars or less, an offense under this section is an
aggravated misdemeanor.
Sec. 147. Section 717B.3, subsection 1, Code 2014, is
amended to read as follows:
1. A person who impounds or confines, in any place, an
animal is guilty of animal neglect , if the person does any of
the following: fails
a. Fails to supply the animal during confinement with a
sufficient quantity of food or water ; fails .
b. Fails to provide a confined dog or cat with adequate
shelter ; or tortures .
c. Tortures , deprives of necessary sustenance, mutilates,
beats, or kills an animal by any means which causes unjustified
pain, distress, or suffering.
Sec. 148. Section 724.1, Code 2014, is amended to read as
follows:
724.1 Offensive weapons.
1. An offensive weapon is any device or instrumentality of
the following types:
1. a. A machine gun. A machine gun is a firearm which
shoots or is designed to shoot more than one shot, without
manual reloading, by a single function of the trigger.
2. b. A short-barreled rifle or short-barreled shotgun.
A short-barreled rifle or short-barreled shotgun is a rifle
with a barrel or barrels less than sixteen inches in length or
a shotgun with a barrel or barrels less than eighteen inches
in length, as measured from the face of the closed bolt or
standing breech to the muzzle, or any rifle or shotgun with an
overall length less than twenty-six inches.
3. c. Any weapon other than a shotgun or muzzle loading

House File 2423, p. 46
rifle, cannon, pistol, revolver or musket, which fires or can
be made to fire a projectile by the explosion of a propellant
charge, which has a barrel or tube with the bore of more
than six-tenths of an inch in diameter, or the ammunition or
projectile therefor, but not including antique weapons kept for
display or lawful shooting.
4. d. A bomb, grenade, or mine, whether explosive,
incendiary, or poison gas; any rocket having a propellant
charge of more than four ounces; any missile having an
explosive charge of more than one-quarter ounce; or any device
similar to any of these.
5. e. A ballistic knife. A ballistic knife is a knife
with a detachable blade which is propelled by a spring-operated
mechanism, elastic material, or compressed gas.
6. f. Any part or combination of parts either designed or
intended to be used to convert any device into an offensive
weapon as described in subsections 1 to 5 of this section
paragraphs “a” through “e” , or to assemble into such an
offensive weapon, except magazines or other parts, ammunition,
or ammunition components used in common with lawful sporting
firearms or parts including but not limited to barrels suitable
for refitting to sporting firearms.
7. g. Any bullet or projectile containing any explosive
mixture or chemical compound capable of exploding or detonating
prior to or upon impact, or any shotshell or cartridge
containing exothermic pyrophoric misch metal as a projectile
which is designed to throw or project a flame or fireball to
simulate a flamethrower.
8. h. Any mechanical device specifically constructed and
designed so that when attached to a firearm silences, muffles,
or suppresses the sound when fired. However, this subsection
paragraph does not apply to a mechanical device possessed and
used by a person solely for the purpose of shooting a deer
pursuant to an approved city special deer population control
plan if the person has a valid federal permit to possess and
use the mechanical device.
9. 2. An offensive weapon or part or combination of parts
therefor shall not include the following:
a. An antique firearm. An antique firearm is any firearm ,
( including any firearm with a matchlock, flintlock, percussion
cap, or similar type of ignition system ) , manufactured in
or before 1898 or any firearm which is a replica of such a
firearm if such replica is not designed or redesigned for using

House File 2423, p. 47
conventional rimfire or centerfire ammunition or which uses
only rimfire or centerfire fixed ammunition which is no longer
manufactured in the United States and which is not readily
available in the ordinary channels of commercial trade.
b. A collector’s item. A collector’s item is any firearm
other than a machine gun that by reason of its date of
manufacture, value, design, and other characteristics is not
likely to be used as a weapon. The commissioner of public
safety shall designate by rule firearms which the commissioner
determines to be collector’s items and shall revise or update
the list of firearms at least annually.
c. Any device which is not designed or redesigned for use
as a weapon; any device which is designed solely for use as
a signaling, pyrotechnic, line-throwing, safety, or similar
device; or any firearm which is unserviceable by reason of
being unable to discharge a shot by means of an explosive and
is incapable of being readily restored to a firing condition.
Sec. 149. Section 809A.16, subsection 4, Code 2014, is
amended to read as follows:
4. After final disposition of all claims and answers
timely filed in an action in rem, or after final judgment
and disposition of all claims timely filed in an action in
personam, the court shall enter an order that the state has
clear title to the forfeited property interest. Title to the
forfeited property interest and its proceeds shall be deemed
to have vested in the state on the commission of the conduct
giving rise to the forfeiture under this chapter .
Sec. 150. Section 904.905, subsection 1, paragraph a, Code
2014, is amended to read as follows:
a. An amount the inmate may be legally obligated to pay for
the support of the inmate’s dependents, the amount of which
shall be paid to the dependents through the department of human
services located in office or unit serving the county or city
in which the dependents reside.
Sec. 151. Section 905.12, subsection 1, paragraph a, Code
2014, is amended to read as follows:
a. An amount the resident may be legally obligated to pay
for the support of dependents, which shall be paid to the
dependents directly or through the department of human services
in office or unit serving the county in which the dependents
reside. For the purpose of this paragraph, “legally obligated”
means under a court order.
Sec. 152. REPEAL. Sections 225C.7, 225C.12, 225C.18, and

House File 2423, p. 48
260G.7, Code 2014, are repealed.
Sec. 153. 2013 Iowa Acts, chapter 24, section 13, is amended
to read as follows:
SEC. 13. NEW SECTION . 249A.49 Internet site —— providers
found in violation of medical assistance program.
1. The director shall maintain on the department’s internet
site, in a manner readily accessible by the public, all of the
following:
a. A list of all providers that the department has
terminated, suspended, or placed on probation.
b. A list of all providers that have failed to return an
identified overpayment of medical assistance within the time
frame specified in section 249A.41 249A.39 .
c. A list of all providers found liable for a false claims
law violation related to the medical assistance program under
chapter 685 .
2. The director shall take all appropriate measures to
safeguard the protected health information, social security
numbers, and other information of the individuals involved,
which may be redacted or omitted as provided in rule of civil
procedure 1.422. A provider shall not be included on the
internet site until all administrative and judicial remedies
relating to the violation have been exhausted.
Sec. 154. Section 456A.38, subsection 4, as enacted by
2013 Iowa Acts, chapter 64, section 1, is amended to read as
follows:
4. The department shall execute a lease with a beginning
farmer selected to participate in the program after such person
has been certified by the agricultural development authority
as a beginning farmer who meets the requirements of the
authority, which shall be based on section 175.12, subsection
3 , paragraphs “a” , “c” , “f” , and “g” .
Sec. 155. 2013 Iowa Acts, chapter 125, section 25,
subsection 1, is amended to read as follows:
1. The sections of this Act amending sections section 2.48 ,
section 175.8 , subsection 2, and sections 175.37 , 422.11M ,
and 422.33 , are repealed. The Code editor shall revise the
applicable Code language to that language existing in the 2013
Code of Iowa.
Sec. 156. 2013 Iowa Acts, chapter 130, section 22, is
amended by striking that section and inserting in lieu thereof
the following:
SEC. 22. Section 222.61, Code 2014, is amended to read as

House File 2423, p. 49
follows:
222.61 Residency determined.
When a county receives an application on behalf of any
person for admission to a resource center or a special unit
or when a court issues an order committing any person to a
resource center or a special unit , the board of supervisors
shall refer the determination of residency to the central point
of coordination process to determine and certify that the
residence of the person is in one of the following:
1. In the county in which the application is received or in
which the court is located .
2. In some other county of the state.
3. In another state or in a foreign country.
4. Unknown.
Sec. 157. 2013 Iowa Acts, chapter 130, section 23, is
amended to read as follows:
SEC. 23. Section 222.64, Code 2013, is amended to read as
follows:
222.64 Foreign state or country or unknown legal settlement.
If the legal settlement of the person is determined by the
board of supervisors through the central point of coordination
process to be in a foreign state or country or is determined
to be unknown, the board of supervisors shall certify the
determination to the administrator. The certification shall
be accompanied by a copy of the evidence supporting the
determination. The care of the person shall be as arranged by
the board of supervisors or by an order as the court may enter .
Application for admission may be made pending investigation by
the administrator.
DIVISION II
CORRESPONDING REFERENCE CORRECTIONS
Sec. 158. Section 135.180, subsection 3, Code 2014, is
amended to read as follows:
3. The program shall provide stipends to support
psychiatrist positions with an emphasis on securing and
retaining medical directors at community mental health centers,
providers of mental health services to county residents
pursuant to a waiver approved under section 225C.7, subsection
3 , Code 2011, and hospital psychiatric units that are located
in mental health professional shortage areas.
Sec. 159. Section 161A.51, subsection 2, Code 2014, is
amended to read as follows:
2. In the application the commissioners shall state that

House File 2423, p. 50
entry on the premises is mandated by the laws of this state
or that entry is needed to conduct soil sampling necessary
to classify soil in the district as specified in section
161A.44, subsection 1 , paragraph “a” , or to determine whether
soil erosion is occurring on the property in violation of the
district’s regulations. The application shall describe the
area or premises, give the date of the last known investigation
or sampling, give the date and time of the proposed inspection,
declare the need for such inspection, recite that notice of
desire to make an inspection has been given to affected persons
and that admission was refused if that be the fact, and state
that the inspection has no purpose other than to carry out the
purpose of the statute, ordinance or regulation pursuant to
which the inspection is to be made.
Sec. 160. Section 422.15, subsection 2, Code 2014, is
amended to read as follows:
2. Every partnership, including limited partnerships, doing
business in this state, or deriving income from sources within
this state as defined in section 422.33 422.32 , subsection
1 , paragraph “0g” , shall make a return, stating specifically
the net income and capital gains ( or losses ) reported on the
federal partnership return, the names and addresses of the
partners, and their respective shares in said amounts.
DIVISION III
UPDATES TO FEDERAL CITATIONS
Sec. 161. Section 11.2, subsection 3, paragraph d, Code
2014, is amended to read as follows:
d. The review of the most recent annual report to
shareholders of an open-end management investment company
or an unincorporated investment company or investment trust
registered with the federal securities and exchange commission
under the federal Investment Company Act of 1940, 15 U.S.C. §
80a §80a-1 et seq. , pursuant to 17 C.F.R. § 270.30d-1 or the
review, by the person performing the audit, of the most recent
annual report to shareholders, call reports, or the findings
pursuant to a regular examination under state or federal law,
to the extent the findings are not confidential, of a bank,
savings and loan association, or credit union shall satisfy the
review requirements of this subsection .
Sec. 162. Section 11.6, subsection 1, paragraph c,
subparagraph (3), Code 2014, is amended to read as follows:
(3) The review by the auditor of the most recent annual
report to shareholders of an open-end management investment

House File 2423, p. 51
company or an unincorporated investment company or investment
trust registered with the federal securities and exchange
commission under the federal Investment Company Act of 1940, 15
U.S.C. § 80a §80a-1 et seq. , pursuant to 17 C.F.R. § 270.30d-1
or the review, by the auditor, of the most recent annual report
to shareholders, call reports, or the findings pursuant to a
regular examination under state or federal law, to the extent
the findings are not confidential, of a bank, savings and
loan association, or credit union shall satisfy the review
requirements of this paragraph.
Sec. 163. Section 12B.10, subsection 4, paragraph a,
subparagraph (7), Code 2014, is amended to read as follows:
(7) An open-end management investment company organized in
trust form registered with the federal securities and exchange
commission under the federal Investment Company Act of 1940, 15
U.S.C. § 80a §80a-1 et seq. , and operated in accordance with 17
C.F.R. § 270.2a-7.
Sec. 164. Section 12C.16, subsection 1, paragraph b,
subparagraph (1), subparagraph division (f), Code 2014, is
amended to read as follows:
(f) Investments in an open-end management investment
company registered with the federal securities and exchange
commission under the federal Investment Company Act of 1940, 15
U.S.C. § 80a §80a-1 et seq. , which is operated in accordance
with 17 C.F.R. § 270.2a-7.
Sec. 165. Section 12C.16, subsection 1, paragraph b,
subparagraph (2), Code 2014, is amended to read as follows:
(2) Direct obligations of, or obligations that are insured
or fully guaranteed as to principal and interest by, the United
States of America, which may be used to secure the deposit of
public funds under subparagraph (1), subparagraph division (a),
include investments in an investment company or investment
trust registered under the federal Investment Company Act
of 1940, 15 U.S.C. § 80a §80a-1 et seq. , the portfolio of
which is limited to the United States government obligations
described in subparagraph (1), subparagraph division (a),
and to repurchase agreements fully collateralized by the
United States government obligations described in subparagraph
(1), subparagraph division (a), if the investment company
or investment trust takes delivery of the collateral either
directly or through an authorized custodian.
Sec. 166. Section 29A.23, Code 2014, is amended to read as
follows:

House File 2423, p. 52
29A.23 Roll of retired officers and enlisted personnel.
An officer or enlisted person who is a member of the Iowa
national guard who has completed twenty years of military
service under 10 U.S.C. § 1331(d) §12731 , as evidenced by a
letter of notification of retired pay at age sixty, shall upon
retirement from the Iowa national guard and written request
to the adjutant general be placed by order of the commander
in chief on a roll in the office of the adjutant general to
be known as the “roll of retired national guard military
personnel”. A member registered on the roll is entitled to
wear the uniform of the rank last held on state or other
occasions of ceremony, when the wearing of such uniform is not
in conflict with federal law.
Sec. 167. Section 125.10, subsection 1, Code 2014, is
amended to read as follows:
1. Prepare and submit a state plan subject to approval
by the board and in accordance with the provisions of 42
U.S.C. § 4573 §300x-21 et seq . The state plan shall designate
the department as the sole agency for supervising the
administration of the plan.
Sec. 168. Section 125.93, Code 2014, is amended to read as
follows:
125.93 Commitment records —— confidentiality.
Records of the identity, diagnosis, prognosis, or
treatment of a person which are maintained in connection
with the provision of substance abuse treatment services are
confidential, consistent with the requirements of section
125.37 , and with the federal confidentiality regulations
authorized by the federal Drug Abuse Office and Treatment
Act, 21 U.S.C. § 1175 (1976) 42 U.S.C. §290ee and the federal
Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act, 42 U.S.C. § 4582 (1976)
§290dd-2 .
Sec. 169. Section 198.7, subsection 1, paragraph f, Code
2014, is amended to read as follows:
f. If it is, or it bears or contains a new animal drug which
is unsafe within the meaning of the federal Food, Drug, and
Cosmetic Act, 21 U.S.C. § 512 §801 et seq .
Sec. 170. Section 225C.3, subsection 2, Code 2014, is
amended to read as follows:
2. The division is designated the state developmental
disabilities agency for the purpose of directing the benefits
of the federal Developmental Disabilities Services and

House File 2423, p. 53
Facilities Construction Assistance and Bill of Rights Act, 42
U.S.C. § 6001 §15001 et seq.
Sec. 171. Section 225C.35, subsection 3, Code 2014, is
amended to read as follows:
3. “Family member” means a person less than eighteen years
of age who by educational determination has a moderate, severe,
or profound educational disability or special health care
needs or who otherwise meets the definition of developmental
disability in the federal Developmental Disabilities Assistance
and Bill of Rights Act, section 102(5), as codified in 42
U.S.C. § 6001(5) §15002 . The department shall adopt rules
establishing procedures for determining whether a child has a
developmental disability.
Sec. 172. Section 225C.47, subsection 1, paragraph b, Code
2014, is amended to read as follows:
b. “Individual with a disability” means an individual who is
less than twenty-two years of age and meets the definition of
developmental disability in 42 U.S.C. § 6001 §15002 .
Sec. 173. Section 229.22, subsection 5, Code 2014, is
amended to read as follows:
5. The department of public safety shall prescribe the form
to be used when a law enforcement agency desires notification
under this section from a facility or hospital prior to
discharge of a person admitted to the facility or hospital and
for whom an arrest warrant has been issued or against whom
charges are pending. The form shall be consistent with all
laws, regulations, and rules relating to the confidentiality or
privacy of personal information or medical records, including
but not limited to the federal Health Insurance Portability
and Accountability Act of 1996, Pub. L. No. 104-191, and
regulations promulgated in accordance with that Act and
published in 45 C.F.R. pts. 160-64 160-164 .
Sec. 174. Section 249A.3, subsection 12, Code 2014, is
amended to read as follows:
12. In determining the eligibility of an individual for
medical assistance, the department shall consider income or
assets relating to trusts or similar legal instruments or
devices established on or before August 10, 1993, as available
to the individual, in accordance with the federal Comprehensive
Omnibus Budget Reconciliation Act of 1986 1985 , Pub. L. No.
99-272, § 9506(a), as amended by the federal Omnibus Budget
Reconciliation Act of 1986, Pub. L. No. 99-509, § 9435(c).
Sec. 175. Section 249F.1, subsection 2, paragraph b,

House File 2423, p. 54
subparagraphs (7) and (8), Code 2014, are amended to read as
follows:
(7) Transfers to a trust established solely for the benefit
of the transferor’s child who is blind or permanently and
totally disabled as defined in the federal Social Security Act,
section 1614, as codified in 42 U.S.C. § 1382b §1382c .
(8) Transfers to a trust established solely for the benefit
of an individual under sixty-five years of age who is disabled,
as defined in the federal Social Security Act, section 1614, as
codified in 42 U.S.C. § 1382b §1382c .
Sec. 176. Section 321.12, subsection 4, Code 2014, is
amended to read as follows:
4. The director shall not destroy any operating records
pertaining to arrests or convictions for operating while
intoxicated, in violation of section 321J.2 or operating
records pertaining to revocations for violations of section
321J.2A , except that a conviction or revocation under section
321J.2 or 321J.2A that is not subject to 49 C.F.R. § pt. 383
shall be deleted from the operating records twelve years after
the date of conviction or the effective date of revocation.
Convictions or revocations that are retained in the operating
records for more than twelve years under this subsection shall
be considered only for purposes of disqualification actions
under 49 C.F.R. § pt. 383.
Sec. 177. Section 321.450, subsection 1, Code 2014, is
amended to read as follows:
1. A person shall not transport or have transported or
shipped within this state any hazardous material except in
compliance with rules adopted by the department under chapter
17A . The rules shall be consistent with the federal hazardous
materials regulations adopted under United States Code, Tit.
49, and found in 49 C.F.R. § pts. 107, 171 to 173, 177, 178, and
180.
Sec. 178. Section 325A.6, Code 2014, is amended to read as
follows:
325A.6 Insurance.
All motor carriers subject to this chapter shall have
minimum insurance coverage which meets the limits established
in the federal motor carrier safety regulations in 49 C.F.R.
ch. pt. 387.
Sec. 179. Section 327J.1, subsection 1, Code 2014, is
amended to read as follows:
1. “AMTRAK” means the national railroad passenger

House File 2423, p. 55
corporation created under 45 U.S.C. § 541 §24101 .
Sec. 180. Section 459A.102, subsections 19 and 28, Code
2014, are amended to read as follows:
19. “Operating permit” means a permit which regulates
the operation of an open feedlot operation as issued by the
department or the United States environmental protection
agency, including as provided in state law or pursuant to the
federal Water Pollution Control Act, Tit. 33 , U.S.C. ch. 26, as
amended, and 40 C.F.R. pt. 122.
28. “Waters of the United States” means the same as defined
in 40 C.F.R. pt. 122, § 2 §122.2 , as that section exists on July
1, 2005.
Sec. 181. Section 502.304A, subsection 3, paragraph c, Code
2014, is amended to read as follows:
c. The issuer or a broker-dealer offering or selling the
securities is not or would not be disqualified under rule 505,
17 C.F.R. § 230.505(2)(iii) §230.505(b)(2)(iii) , adopted under
the federal Securities Act of 1933.
Sec. 182. Section 513B.13, subsection 8, paragraph f, Code
2014, is amended to read as follows:
f. Premium rates charged for reinsurance by the program to
a health maintenance organization that is federally qualified
under 42 U.S.C. § 300c(c)(2)(A) §300e(c)(2)(A) , and is thereby
subject to requirements that limit the amount of risk that may
be ceded to the program that are more restrictive than those
specified in paragraph “d” , shall be reduced to reflect that
portion of the risk above the amount set forth in paragraph “d”
that may not be ceded to the program, if any.
Sec. 183. Section 513B.13, subsection 11, paragraph b,
subparagraph (4), Code 2014, is amended to read as follows:
(4) Subject to the approval of the commissioner, the
board shall make an adjustment to the assessment formula for
reinsuring carriers that are approved health maintenance
organizations which are federally qualified under 42 U.S.C.
§ 300 §300e et seq., to the extent, if any, that restrictions
are placed on them that are not imposed on other small employer
carriers.
Sec. 184. Section 514I.2, subsection 9, Code 2014, is
amended to read as follows:
9. “Health insurance coverage” means health insurance
coverage as defined in 42 U.S.C. § 300gg(91) §300gg-91 .
Sec. 185. Section 515.35, subsection 4, paragraph a, Code
2014, is amended to read as follows:

House File 2423, p. 56
a. United States government obligations. Obligations
issued or guaranteed by the United States or an agency or
instrumentality of the United States. Bonds or other evidences
of indebtedness issued, assumed, or guaranteed by the United
States of America, or by any agency or instrumentality of the
United States of America include investments in an open-end
management investment company registered with the federal
securities and exchange commission under the federal Investment
Company Act of 1940, 15 U.S.C. § 80a §80a-1 et seq. , and
operated in accordance with 17 C.F.R. § 270.2a-7, the portfolio
of which is limited to the United States government obligations
described in this paragraph “a” , and which are included in the
national association of insurance commissioners’ securities
valuation office’s United States direct obligation – full faith
and credit list.
Sec. 186. Section 518.14, subsection 4, paragraph a, Code
2014, is amended to read as follows:
a. United States government obligations. Bonds or other
evidences of indebtedness issued, assumed, or guaranteed by the
United States of America, or by any agency or instrumentality
of the United States of America, including investments in an
open-end management investment company registered with the
federal securities and exchange commission under the federal
Investment Company Act of 1940, 15 U.S.C. § 80a §80a-1 et seq.,
and operated in accordance with 17 C.F.R. § 270.2a-7, the
portfolio of which is limited to the United States obligations
described in this paragraph, and which are included in the
national association of insurance commissioners’ securities
valuation office’s United States direct obligation – full faith
and credit list.
Sec. 187. Section 518A.12, subsection 4, paragraph a, Code
2014, is amended to read as follows:
a. United States government obligations. Bonds or other
evidences of indebtedness issued, assumed, or guaranteed by the
United States of America, or by any agency or instrumentality
of the United States of America, including investments in an
open-end management investment company registered with the
federal securities and exchange commission under the federal
Investment Company Act of 1940, 15 U.S.C. § 80a §80a-1 et seq.,
and operated in accordance with 17 C.F.R. § 270.2a-7, the
portfolio of which is limited to the United States obligations
described in this paragraph, and which are included in the
national association of insurance commissioners’ securities

House File 2423, p. 57
valuation office’s United States direct obligation – full faith
and credit list.
Sec. 188. Section 524.901, subsection 4, Code 2014, is
amended to read as follows:
4. A state bank may invest without limit in the shares or
units of investment companies or investment trusts registered
under the federal Investment Company Act of 1940, 15 U.S.C.
§ 80a §80a-1 et seq. , the portfolio of which is limited to
United States investment securities described in subsection
3 or repurchase agreements fully collateralized by United
States investment securities described in subsection 3 , if
delivery of the collateral is taken either directly or through
an authorized custodian and the dollar-weighted average
maturity of the portfolio is not more than five years. All
other investments by a state bank in the shares or units of
investment companies or investment trusts registered under
the federal Investment Company Act of 1940, 15 U.S.C. § 80a
§80a-1 et seq. , whose portfolios exclusively contain investment
securities permissible pursuant to subsections 2 and 3 , shall
not exceed fifteen percent of the state bank’s aggregate
capital.
Sec. 189. Section 535.2, subsection 2, paragraph a,
subparagraph (4), Code 2014, is amended to read as follows:
(4) A domestic or foreign corporation, and a real estate
investment trust as defined in section 856 of the Internal
Revenue Code, and a person purchasing securities as defined
in chapter 502 on credit from a broker or dealer registered
or licensed under chapter 502 or under the federal Securities
Exchange Act of 1934, 15 U.S.C., ch. 78A §78a et seq. , as
amended.
Sec. 190. Section 535.12, subsection 4, Code 2014, is
amended to read as follows:
4. As used in this section , “agricultural credit
corporation” means a corporation which has been designated by
the farm credit bank of Omaha, Nebraska, as an agricultural
credit corporation eligible to sell or discount loans to that
bank pursuant to 12 U.S.C. § 2074 §2075 .
Sec. 191. Section 551A.3, subsection 3, paragraph b, Code
2014, is amended to read as follows:
b. A disclosure document prepared pursuant to the federal
trade commission rule relating to disclosure requirements and
prohibitions concerning franchising and business opportunity
ventures in accordance with 16 C.F.R. § pt. 436 or any

House File 2423, p. 58
successor regulation.
Sec. 192. Section 551A.4, subsection 1, paragraph b,
subparagraph (1), subparagraph division (b), Code 2014, is
amended to read as follows:
(b) A disclosure document prepared pursuant to the federal
trade commission rule entitled “Disclosure requirements and
prohibitions concerning franchising and business opportunity
ventures”, 16 C.F.R. § pt. 436 or any successor regulation.
Sec. 193. Section 602.8103, subsection 5, paragraph b, Code
2014, is amended to read as follows:
b. An open-end management investment company organized in
trust form registered with the federal securities and exchange
commission under the federal Investment Company Act of 1940,
15 U.S.C. § 80a §80a-1 et seq. , and operated in accordance
with 17 C.F.R. § 270.2a-7, the portfolio of which is limited
to obligations of the United States of America or agencies
or instrumentalities of the United States of America and to
repurchase agreements fully collateralized by obligations of
the United States of America or an agency or instrumentality
of the United States of America if the investment company
takes delivery of the collateral either directly or through an
authorized custodian.
Sec. 194. Section 636.23, subsections 2 and 16, Code 2014,
are amended to read as follows:
2. Federal bank bonds. Bonds, notes or other obligations
issued by any federal land bank, federal intermediate credit
bank, bank for cooperatives, or any or all of the federal farm
credit banks, and in bonds issued by any federal home loan
bank under the Act of Congress known and cited as the federal
Home Loan Bank Act, [ 12 U.S.C. § 1421 – 1449 ] and the Acts
amendatory thereof.
16. Investments included —— government obligations. Federal
bonds, federal bank bonds, and bonds and debentures guaranteed
by the federal government which are authorized investments
under subsections 1, 2, and 11 include investments in an
investment company or investment trust registered under the
federal Investment Company Act of 1940, 15 U.S.C. § 80a §80a-1
et seq. , the portfolio of which is limited to the United States
government obligations described in subsections 1, 2, and 11
and to repurchase agreements fully collateralized by such
United States government obligations, if the investment company
or investment trust takes delivery of the collateral either
directly or through an authorized custodian.

House File 2423, p. 59
Sec. 195. Section 714B.10, subsection 2, Code 2014, is
amended to read as follows:
2. Advertising in connection with the sale or purchase of
books, recordings, videocassettes, periodicals, and similar
goods through a membership group or club which is regulated by
the federal trade commission pursuant to 16 C.F.R. pt. § 425.1,
concerning use of negative option plans by sellers in commerce.
Sec. 196. Section 907B.2, subsection 6, paragraph f,
unnumbered paragraph 1, Code 2014, is amended to read as
follows:
Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth
in the rules or as otherwise provided in the compact. The
interstate commission shall promulgate rules consistent with
the principles contained in the federal Government in the
Sunshine Act, 5 U.S.C. § 552(6) §552(a)(6) , as may be amended.
The interstate commission and any of its committees may close a
meeting to the public where it determines by two-thirds vote
that an open meeting would be likely to:
DIVISION IV
EFFECTIVE DATE AND APPLICABILITY PROVISIONS
Sec. 197. EFFECTIVE UPON ENACTMENT. The following
provisions of division I of this Act, being deemed of immediate
importance, take effect upon enactment:
1. The section of this Act amending section 384.3A.
2. The section of this Act amending 2013 Iowa Acts, ch. 24,
section 13.
3. The section of this Act amending section 456A.38,
subsection 4, as enacted by 2013 Iowa Acts, ch. 64, section 1.
4. The section of this Act amending 2013 Iowa Acts, ch. 125,
section 25.
Sec. 198. RETROACTIVE APPLICABILITY. The section in
division I of this Act amending section 384.3A applies
retroactively to June 20, 2013.
Sec. 199. RETROACTIVE APPLICABILITY. The section in
division I of this Act amending 2013 Iowa Acts, ch. 24, section
13, applies retroactively to July 1, 2013.
Sec. 200. RETROACTIVE APPLICABILITY. The section in
division I of this Act amending section 456A.38, subsection
4, as enacted by 2013 Iowa Acts, ch. 64, section 1, applies
retroactively to July 1, 2013.
Sec. 201. RETROACTIVE APPLICABILITY. The section in
division I of this Act amending 2013 Iowa Acts, ch. 125,

House File 2423, p. 60
section 25, applies retroactively to January 1, 2013, for tax
years beginning on or after that date.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2423, Eighty-fifth General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2014
______________________________
TERRY E. BRANSTAD
Governor