Bill Text: IA HF2348 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to nonsubstantive Code corrections. (Formerly HSB 621.) Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-03-28 - Signed by Governor. H.J. 700. [HF2348 Detail]
Download: Iowa-2017-HF2348-Enrolled.html
House File 2348 - Enrolled
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 621)
\5
A BILL FOR
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House File 2348
AN ACT
RELATING TO NONSUBSTANTIVE CODE CORRECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 7A.14, Code 2018, is amended to read as
follows:
7A.14 Number of copies == style.
1. The annual and biennial reports shall be published,
printed, and bound in such number as the director of the
department of administrative services may order. The officials
and heads of departments shall furnish the director with
information necessary to determine the number of copies to be
printed.
2. They The reports shall be printed on good paper, in
legible type with pages substantially six inches by nine inches
in size. They The reports may be divided for binding where one
portion should receive larger distribution than another, or be
issued in parts or sections for greater convenience.
Sec. 2. Section 12.1, Code 2018, is amended to read as
follows:
12.1 Office == accounts == reports.
1. The treasurer shall keep the treasurer's office at the
seat of government, and shall keep an accurate account of the
receipts and disbursements at the treasury in books kept for
that purpose, in which the treasurer shall specify the names of
the persons from whom money is received, and on what account,
and the time thereof of receipt.
2. The treasurer is responsible for reporting on the bonding
activities of all political subdivisions, instrumentalities,
and agencies of the state and shall make recommendations to
the general assembly and the governor on modification in the
bonding authority. The treasurer shall notify each political
subdivision, instrumentality, and agency of the state to report
to the treasurer the amount of bonds outstanding and each new
bond issue. The treasurer shall adopt rules and establish
forms for carrying out this provision section. Each political
subdivision, instrumentality, and agency of the state shall
provide all the information required by the treasurer under
this provision section.
Sec. 3. Section 15.333, Code 2018, is amended to read as
follows:
15.333 Investment tax credit.
1. For purposes of this section, "new investment" means the
cost of machinery and equipment, as defined in section 427A.1,
subsection 1, paragraphs "e" and "j", purchased for use in the
operation of the eligible business, the purchase price of which
has been depreciated in accordance with generally accepted
accounting principles, the purchase price of real property and
any buildings and structures located on the real property, and
the cost of improvements made to real property which is used
in the operation of the eligible business. "New investment"
also means the annual base rent paid to a third=party developer
by an eligible business for a period not to exceed ten years,
provided the cumulative cost of the base rent payments for that
period does not exceed the cost of the land and the third=party
developer's costs to build or renovate the building for the
eligible business.
1. 2. An eligible business may claim a tax credit equal
to a percentage of the new investment directly related to new
jobs created or retained by the project. The tax credit shall
be amortized equally over five calendar years. The tax credit
shall be allowed against taxes imposed under chapter 422,
division II, III, or V, and against the moneys and credits tax
imposed in section 533.329. If the business is a partnership,
S corporation, limited liability company, cooperative organized
under chapter 501 and filing as a partnership for federal tax
purposes, or estate or trust electing to have the income taxed
directly to the individual, an individual may claim the tax
credit allowed. The amount claimed by the individual shall
be based upon the pro rata share of the individual's earnings
of the partnership, S corporation, limited liability company,
cooperative organized under chapter 501 and filing as a
partnership for federal tax purposes, or estate or trust. The
percentage shall be determined as provided in section 15.335A.
Any tax credit in excess of the tax liability for the tax year
may be credited to the tax liability for the following seven
years or until depleted, whichever occurs first.
2. 3. For purposes of this section, "new investment" means
the cost of machinery and equipment, as defined in section
427A.1, subsection 1, paragraphs "e" and "j", purchased for use
in the operation of the eligible business, the purchase price
of which has been depreciated in accordance with generally
accepted accounting principles, the purchase price of real
property and any buildings and structures located on the real
property, and the cost of improvements made to real property
which is used in the operation of the eligible business.
"New investment" also means the annual base rent paid to a
third=party developer by an eligible business for a period not
to exceed ten years, provided the cumulative cost of the base
rent payments for that period does not exceed the cost of the
land and the third=party developer's costs to build or renovate
the building for the eligible business. The eligible business
shall enter into a lease agreement with the third=party
developer for a minimum of five years. If, however, within
five years of purchase, the eligible business sells, disposes
of, razes, or otherwise renders unusable all or a part of the
land, buildings, or other existing structures for which tax
credit was claimed under this section, the tax liability of
the eligible business for the year in which all or part of the
property is sold, disposed of, razed, or otherwise rendered
unusable shall be increased by one of the following amounts:
a. One hundred percent of the tax credit claimed under
this section if the property ceases to be eligible for the tax
credit within one full year after being placed in service.
b. Eighty percent of the tax credit claimed under this
section if the property ceases to be eligible for the tax
credit within two full years after being placed in service.
c. Sixty percent of the tax credit claimed under this
section if the property ceases to be eligible for the tax
credit within three full years after being placed in service.
d. Forty percent of the tax credit claimed under this
section if the property ceases to be eligible for the tax
credit within four full years after being placed in service.
e. Twenty percent of the tax credit claimed under this
section if the property ceases to be eligible for the tax
credit within five full years after being placed in service.
Sec. 4. Section 15.333A, Code 2018, is amended to read as
follows:
15.333A Insurance premium tax credits.
1. For purposes of this section, "new investment" means the
cost of machinery and equipment, as defined in section 427A.1,
subsection 1, paragraphs "e" and "j", purchased for use in the
operation of the eligible business, the purchase price of which
has been depreciated in accordance with generally accepted
accounting principles, the purchase price of real property and
any buildings and structures located on the real property, and
the cost of improvements made to real property which is used
in the operation of the eligible business. "New investment"
also means the annual base rent paid to a third=party developer
by an eligible business for a period not to exceed ten years,
provided the cumulative cost of the base rent payments for that
period does not exceed the cost of the land and the third=party
developer's costs to build or renovate the building for the
eligible business.
1. 2. An eligible business may claim an insurance premium
tax credit equal to a percentage of the new investment directly
related to new jobs created by the project. The tax credit
shall be amortized equally over a five=year period. The tax
credit shall be allowed against taxes imposed in chapter 432.
A tax credit in excess of the tax liability for the tax year may
be credited to the tax liability for the following seven years
or until depleted, whichever occurs first. The percentage
shall be determined as provided in section 15.335A.
2. 3. For purposes of this section, "new investment" means
the cost of machinery and equipment, as defined in section
427A.1, subsection 1, paragraphs "e" and "j", purchased for use
in the operation of the eligible business, the purchase price
of which has been depreciated in accordance with generally
accepted accounting principles, the purchase price of real
property and any buildings and structures located on the real
property, and the cost of improvements made to real property
which is used in the operation of the eligible business.
"New investment" also means the annual base rent paid to a
third=party developer by an eligible business for a period not
to exceed ten years, provided the cumulative cost of the base
rent payments for that period does not exceed the cost of the
land and the third=party developer's costs to build or renovate
the building for the eligible business. The eligible business
shall enter into a lease agreement with the third=party
developer for a minimum of five years. If, however, within
five years of purchase, the eligible business sells, disposes
of, razes, or otherwise renders unusable all or a part of the
land, buildings, or other existing structures for which tax
credit was claimed under this section, the tax liability of
the eligible business for the year in which all or part of the
property is sold, disposed of, razed, or otherwise rendered
unusable shall be increased by one of the following amounts:
a. One hundred percent of the tax credit claimed under
this section if the property ceases to be eligible for the tax
credit within one full year after being placed in service.
b. Eighty percent of the tax credit claimed under this
section if the property ceases to be eligible for the tax
credit within two full years after being placed in service.
c. Sixty percent of the tax credit claimed under this
section if the property ceases to be eligible for the tax
credit within three full years after being placed in service.
d. Forty percent of the tax credit claimed under this
section if the property ceases to be eligible for the tax
credit within four full years after being placed in service.
e. Twenty percent of the tax credit claimed under this
section if the property ceases to be eligible for the tax
credit within five full years after being placed in service.
Sec. 5. Section 15A.4, Code 2018, is amended to read as
follows:
15A.4 Competitive programs == good neighbor agreement ==
additional consideration.
1. A good neighbor agreement is an enforceable contract
between a business and a community group or coalition of
community groups which requires the business to adhere to
negotiated environmental, economic, labor, or other social and
community standards.
2. For any program providing financial assistance for
economic development in which the assistance is provided on a
competitive basis, a business which enters into a good neighbor
agreement shall receive extra consideration of at least ten
points or the equivalent. A good neighbor agreement is an
enforceable contract between the business and a community group
or coalition of community groups which requires the business to
adhere to negotiated environmental, economic, labor, or other
social and community standards. A business which fails to
abide by the good neighbor agreement shall repay all financial
assistance received under the program.
A business which fails to abide by the good neighbor
agreement shall repay all financial assistance received under
the program.
Sec. 6. Section 17A.2, subsection 11, paragraph f, Code
2018, is amended to read as follows:
f. Those portions of staff manuals, instructions, or other
statements issued by an agency which set forth criteria or
guidelines to be used by its staff in auditing, in making
inspections, in settling commercial disputes or negotiating
commercial arrangements, or in the selection or handling of
cases, such as operational tactics or allowable tolerances or
criteria for the defense, prosecution, or settlement of cases,
when the disclosure of such statements would do any of the
following:
(1) enable Enable law violators to avoid detection; or.
(2) facilitate Facilitate disregard of requirements imposed
by law; or.
(3) give Give a clearly improper advantage to persons who
are in an adverse position to the state.
Sec. 7. Section 17A.5, subsection 2, paragraph b,
subparagraph (1), Code 2018, is amended to read as follows:
(1) Subject to applicable constitutional or statutory
provisions, a rule becomes effective immediately upon filing
with the administrative rules coordinator, or at a subsequent
stated date prior to indexing and publication, or at a stated
date less than thirty=five days after filing, indexing, and
publication, if the agency finds any of the following:
(a) That a statute so provides;.
(b) That the rule confers a benefit or removes a restriction
on the public or some segment thereof; or.
(c) That this effective date is necessary because of
imminent peril to the public health, safety, or welfare.
Sec. 8. Section 22.9, Code 2018, is amended to read as
follows:
22.9 Denial of federal funds == rules.
1. If it is determined that any provision of this chapter
would cause the denial of funds, services or essential
information from the United States government which would
otherwise definitely be available to an agency of this state,
such provision shall be suspended as to such agency, but only
to the extent necessary to prevent denial of such funds,
services, or essential information.
2. An agency within the meaning of section 17A.2, subsection
1, shall adopt as a rule, in each situation where this section
is believed applicable, its the agency's determination
identifying those particular provisions of this chapter that
must be waived in the circumstances to prevent the denial of
federal funds, services, or information.
Sec. 9. Section 26.2, subsection 3, Code 2018, is amended
to read as follows:
3. "Public improvement" means a building or construction
work which is constructed under the control of a governmental
entity and is paid for in whole or in part with funds of the
governmental entity, including a building or improvement
constructed or operated jointly with any other public or
private agency, but excluding urban all of the following:
a. Urban renewal demolition and low=rent housing projects,
industrial.
b. Industrial aid projects authorized under chapter 419,
emergency.
c. Emergency work or repair or maintenance work performed by
employees of a governmental entity, and excluding a.
d. A highway, bridge, or culvert project, and excluding
construction.
e. Construction or repair or maintenance work performed for
a city utility under chapter 388 by its employees or performed
for a rural water district under chapter 357A by its employees.
Sec. 10. Section 43.2, Code 2018, is amended to read as
follows:
43.2 Definitions.
1. As used in this chapter, unless the context otherwise
requires:
1. a. "Book", "list", "record", or "schedule" kept by a
county auditor, assessor, treasurer, recorder, sheriff, or
other county officer means the county system as defined in
section 445.1.
2. a. b. "Political party" shall mean a party which, at
the last preceding general election, cast for its candidate for
president of the United States or for governor, as the case
may be, at least two percent of the total vote cast for all
candidates for that office at that election. It shall be the
responsibility of the state commissioner to determine whether
any organization claiming to be a political party qualifies as
such under the foregoing definition.
b. 2. A political organization which is not a "political
party" within the meaning of this subsection 1, paragraph "b",
may nominate candidates and have the names of such candidates
placed upon the official ballot by proceeding under chapters
44 and 45.
Sec. 11. Section 43.115, subsection 2, Code 2018, is amended
to read as follows:
2. A Notwithstanding any statute to the contrary, a
candidate for precinct committee member may also file as
a candidate for one additional office, any statute to the
contrary notwithstanding.
Sec. 12. Section 49.5, Code 2018, is amended to read as
follows:
49.5 City precincts.
1. As used in this section:
a. "The convenience of the voters" refers to but is not
necessarily limited to the use of precinct boundaries which can
be readily described to and identified by voters and for which
there is ease of access by voters to their respective precinct
polling places by reasonably direct routes of travel.
b. "Promoting electoral efficiency" means reducing the cost
of staffing election precincts by requiring cities to avoid
creating more precincts than is reasonably necessary to provide
voters access to voting.
2. The council of a city where establishment of more
than one precinct is necessary or deemed advisable shall, at
the time required by law, divide the city into the number
of election precincts as will best serve the convenience of
the voters while promoting electoral efficiency. As used in
this section, the term "the convenience of the voters" refers
to, but is not necessarily limited to, the use of precinct
boundaries which can be readily described to and identified
by voters and for which there is ease of access by voters to
their respective precinct polling places by reasonably direct
routes of travel. As used in this section, the term "promoting
electoral efficiency" means reducing the cost of staffing
election precincts by requiring cities to avoid creating more
precincts than is reasonably necessary to provide voters access
to voting.
3. The precinct boundaries shall conform to section 49.3
and shall be described in an ordinance adopted by the council
within the time required by section 49.7. Before final
adoption of any change in election precinct boundaries pursuant
to this section or section 49.6, the council shall permit the
commissioner not less than seven and not more than ten days'
time to offer written comments to the council on the proposed
reprecincting. If the commissioner recommends changes in the
proposed reprecincting which the commissioner concludes could
better serve the convenience of the voters or could promote
electoral efficiency, including lowering election costs, the
council shall, if no changes to the reprecincting are made,
include reasons in the ordinance for not adopting the proposed
changes of the commissioner. A public hearing shall be held
before final adoption of the ordinance. Notice of the date,
time, and place of the hearing shall be given as provided in
chapter 21.
Sec. 13. Section 53.26, Code 2018, is amended to read as
follows:
53.26 Rejected ballots == how handled.
Every ballot not counted shall be endorsed on the back
thereof "Rejected because (giving reason therefor)". All
rejected ballots shall be enclosed and securely sealed in an
envelope on which the precinct election officials shall endorse
"Defective ballots", with a statement of the precinct in which
and the date of the election at which they were cast, and be
signed by the precinct election officials and returned to the
same officer and in the same manner as by law provided for
the return and preservation of official ballots voted at such
election.
Sec. 14. Section 59.1, subsection 1, Code 2018, is amended
to read as follows:
1. The contestant for a seat in either branch of the general
assembly shall, prior to twenty days before the first day of
the next session, serve on the incumbent in the manner provided
by the rules of civil procedure for service of an original
notice a statement of notice of contest which shall allege a
fact or facts, believed true by the contestant which, if true,
would alter the outcome of the election.
Sec. 15. Section 59.3, Code 2018, is amended to read as
follows:
59.3 Depositions.
Depositions may be taken in such cases in the same manner
and under the same rules as in an action at law in the district
court, but no cause for taking the same depositions need be
shown.
Sec. 16. Section 62.11, Code 2018, is amended to read as
follows:
62.11 Subpoenas.
Subpoenas for witnesses may be issued at any time after
the notice of trial is served, either by the county treasurer
or by the county auditor, and shall command the witnesses to
appear "appear at ....., on ...., to testify in relation to
a contested election, wherein ........ (Insert contestant's
name) is contestant and ........ (Insert incumbent's name) is
incumbent incumbent".
Sec. 17. Section 63A.2, subsection 1, Code 2018, is amended
to read as follows:
1. Governor, secretary of state, secretary of agriculture,
auditor of state, treasurer of state, and attorney general.
Sec. 18. Section 68B.39, Code 2018, is amended to read as
follows:
68B.39 Supreme court rules.
1. The supreme court of this state shall prescribe rules
establishing a code of ethics for officials and employees of
the judicial branch of this state, and the immediate family
members of the officials and employees. Rules prescribed under
this paragraph subsection shall include provisions relating to
the receipt or acceptance of gifts and honoraria, interests in
public contracts, services against the state, and financial
disclosure which are substantially similar to the requirements
of this chapter.
2. The supreme court of this state shall also prescribe
rules which relate to activities by officials and employees of
the judicial branch which constitute conflicts of interest.
Sec. 19. Section 69.16, Code 2018, is amended to read as
follows:
69.16 Appointive boards == political affiliation.
1. All appointive boards, commissions, and councils of the
state established by the Code if not otherwise provided by law
shall be bipartisan in their composition. No person shall be
appointed or reappointed to any board, commission, or council
established by the Code if the effect of that appointment or
reappointment would cause the number of members of the board,
commission, or council belonging to one political party to be
greater than one=half the membership of the board, commission,
or council plus one.
2. In the case where the appointment of members of the
general assembly is allowed, and the law does not otherwise
provide, if an even number of legislators are appointed they
shall be equally divided by political party affiliation; if an
odd number of members of the general assembly are appointed,
the number representing a certain political party shall not
exceed by more than one the legislative members of the other
political party who may be appointed.
3. If there are multiple appointing authorities for a board,
commission or council, the appointing authorities shall consult
to avoid a violation of this section.
4. This section shall not apply to any board, commission, or
council established by the Code for which other restrictions
regarding the political affiliations of members are provided
by law.
Sec. 20. Section 70A.20, Code 2018, is amended to read as
follows:
70A.20 Employees disability program.
1. As used in this section, unless the context otherwise
requires:
a. "Adult" means a person who is eighteen years of age or
older.
b. "Primary and family social security" shall not include
social security benefits awarded to an adult child with a
disability of the state employee with a disability who does
not reside with the state employee with a disability if the
social security benefits were awarded to the adult child with
a disability prior to the approval of the state employee's
benefits under this section, regardless of whether the United
States social security administration records the benefits
to the social security number of the adult child with a
disability, the state employee with a disability, or any other
family member, and such social security benefits shall not
reduce the benefits payable pursuant to this section.
2. A state employees disability insurance program is
created, which shall be administered by the director of the
department of administrative services and which shall provide
disability benefits in an amount and for the employees as
provided in this section. The monthly disability benefits
shall, at a minimum, provide twenty percent of monthly
earnings if employed less than one year, forty percent of
monthly earnings if employed one year or more but less than
two years, and sixty percent of monthly earnings thereafter,
reduced by primary and family social security determined
at the time social security disability payments commence,
railroad retirement disability income, workers' compensation
if applicable, and any other state=sponsored sickness or
disability benefits payable. However, the amount of benefits
payable under the Iowa public employees' retirement system
pursuant to chapter 97B shall not reduce the benefits payable
pursuant to this section. Subsequent social security or
railroad retirement increases shall not be used to further
reduce the insurance benefits payable. As used in this
section, "primary and family social security" shall not include
social security benefits awarded to an adult child with a
disability of the state employee with a disability who does
not reside with the state employee with a disability if the
social security benefits were awarded to the adult child with
a disability prior to the approval of the state employee's
benefits under this section, regardless of whether the United
States social security administration records the benefits
to the social security number of the adult child with a
disability, the state employee with a disability, or any other
family member, and such social security benefits shall not
reduce the benefits payable pursuant to this section. As
used in this section, unless the context otherwise requires,
"adult" means a person who is eighteen years of age or older.
State employees shall receive credit for the time they were
continuously employed prior to and on July 1, 1974.
3. The following provisions apply to the employees
disability insurance program:
1. a. Waiting period of no more than ninety working days of
continuous sickness or accident disability or the expiration of
accrued sick leave, whichever is greater.
2. b. Maximum period benefits paid for both accident or
sickness disability:
a. (1) If the disability occurs prior to the time the
employee attains the age of sixty=one years, the maximum
benefit period shall end sixty months after continuous benefit
payments begin or on the date on which the employee attains the
age of sixty=five years, whichever is later.
b. (2) If the disability occurs on or after the time the
employee attains the age of sixty=one years but prior to the
age of sixty=nine years, the maximum benefit period shall end
sixty months after continuous benefit payments begin or on the
date on which the employee attains the age of seventy years,
whichever is earlier.
c. (3) If the disability occurs on or after the time the
employee attains the age of sixty=nine years, the maximum
benefit period shall end twelve months after continuous benefit
payments begin.
3. a. c. (1) Minimum and maximum benefits of not less
than fifty dollars per month and not exceeding three thousand
dollars per month.
b. (2) In no event shall benefits exceed one hundred
percent of the claimant's predisability covered monthly
compensation.
4. d. All probationary and permanent full=time state
employees shall be covered under the employees disability
insurance program, except board members and members of
commissions who are not full=time state employees, and state
employees who on July 1, 1974, are under another disability
program financed in whole or in part by the state, and
state employees who have agreed to participation in another
disability program through a collective bargaining agreement.
For purposes of this section, members of the general assembly
serving on or after January 1, 1989, are eligible for the plan
during their tenure in office, on the basis of enrollment
rules established for full=time state employees excluded from
collective bargaining as provided in chapter 20.
Sec. 21. Section 80.18, Code 2018, is amended to read as
follows:
80.18 Expenses and supplies == reimbursement.
1. The commissioner shall provide peace officers of the
department when on duty, with suitable uniforms, subsistence,
arms, equipment, quarters, and other necessary supplies, and
also the expense and means of travel and boarding, according
to rules adopted by the commissioner, and as may be provided
by appropriation.
2. The department may expend moneys from the support
allocation of the department as reimbursement for replacement
or repair of personal items of the department's peace officers
or employees damaged or destroyed during a peace officer's or
employee's course of employment. However, the reimbursement
shall not exceed the greater of one hundred fifty dollars or
the amount agreed to under the collective bargaining agreement
for each item. The department shall adopt rules in accordance
with chapter 17A to administer this paragraph subsection.
Sec. 22. Section 80A.13, subsection 1, Code 2018, is amended
to read as follows:
1. File with the sheriff of the county in which the campus
is located evidence that the individual has successfully
completed an approved firearm safety training under section
724.9. This requirement does not apply to armored car
personnel.
Sec. 23. Section 84A.4, subsection 1, Code 2018, is amended
to read as follows:
1. A local workforce development board shall be established
in each service delivery area as defined in section 84B.3.
The voting members of each board shall be appointed by the
governor, consistent with the requirements of federal law
and in consultation with chief elected officials within the
local workforce development area. Chief elected officials
responsible for recommendations for each board's voting
membership shall include but are not limited to county
elected officials, municipal elected officials, and community
college directors. The voting membership of each board shall
provide for equal representation of business and labor and
shall include a county elected official, a city official, a
representative of a school district, and a representative of
a community college. A local workforce development board may
appoint ex officio, nonvoting members.
Sec. 24. Section 84A.7, subsections 2 and 3, Code 2018, are
amended to read as follows:
2. Iowa conservation corps established. The Iowa
conservation corps is established in this state to provide
meaningful and productive public service jobs for youth,
unemployed persons, persons with disabilities, disadvantaged
persons, and elderly persons, and to provide participants
with an opportunity to explore careers, gain work experience,
and contribute to the general welfare of their communities
and the state. The corps shall provide opportunities in the
areas of natural resource and wildlife conservation, park
maintenance and restoration, land management, energy savings,
community improvement projects, tourism, economic development,
and work benefiting human services programs. The department
of workforce development shall administer the corps and shall
adopt rules pursuant to chapter 17A governing its operation,
eligibility for participation, cash contributions, and
implementation of an incentive program.
3. Funding. Corps projects shall be funded by
appropriations to the Iowa conservation corps account and
by cash, services, and material contributions made by other
state agencies or local public and private agencies. Public
and private entities who benefit from a corps project shall
contribute at least thirty=five percent of the total project
budget. The contributions may be in the form of cash,
materials, or services. Materials and services shall be
intended for the project and acceptable to the department of
workforce development. Minimum levels of contributions shall
be prescribed in rules adopted by the department of workforce
development pursuant to chapter 17A.
Sec. 25. Section 84A.8, Code 2018, is amended to read as
follows:
84A.8 Workforce investment program.
A workforce investment program is established to enable
more Iowans to enter or reenter the workforce. The workforce
investment program shall provide training and support services
to population groups that have historically faced barriers to
employment. The department of workforce development shall
administer the workforce investment program and shall adopt
rules pursuant to chapter 17A governing its operation and
eligibility guidelines for participation.
Sec. 26. Section 85.22, unnumbered paragraph 1, Code 2018,
is amended to read as follows:
When an employee receives an injury or incurs an
occupational disease or an occupational hearing loss for
which compensation is payable under this chapter, chapter
85A, or chapter 85B, and which injury or occupational disease
or occupational hearing loss is caused under circumstances
creating a legal liability against some person, other than
the employee's employer or any employee of such employer as
provided in section 85.20 to pay damages, the employee, or
the employee's dependent, or the trustee of such dependent,
may take proceedings against the employer for compensation,
and the employee or, in case of death, the employee's legal
representative may also maintain an action against such third
party for damages. When an injured employee or the employee's
legal representative brings an action against such third party,
a copy of the original notice shall be served upon the employer
by the plaintiff, not less than ten days before the trial of
the case, but a failure to give such notice shall not prejudice
the rights of the employer, and the following rights and duties
shall ensue:
Sec. 27. Section 85.27, subsections 1 and 5, Code 2018, are
amended to read as follows:
1. The employer, for all injuries compensable under this
chapter or chapter 85A, shall furnish reasonable surgical,
medical, dental, osteopathic, chiropractic, podiatric, physical
rehabilitation, nursing, ambulance, and hospital services
and supplies therefor and shall allow reasonably necessary
transportation expenses incurred for such services. The
employer shall also furnish reasonable and necessary crutches,
artificial members and appliances but shall not be required to
furnish more than one set of permanent prosthetic devices.
5. When an artificial member or orthopedic appliance,
whether or not previously furnished by the employer, is damaged
or made unusable by circumstances arising out of and in the
course of employment other than through ordinary wear and tear,
the employer shall repair or replace it. When any crutch,
artificial member or appliance, whether or not previously
furnished by the employer, either is damaged or made unusable
in conjunction with a personal injury entitling the employee to
disability benefits, or services as provided by this section,
or is damaged in connection with employee actions taken which
avoid such personal injury, the employer shall repair or
replace it.
Sec. 28. Section 85.33, subsection 3, paragraph a, Code
2018, is amended to read as follows:
a. If an employee is temporarily, partially disabled and
the employer for whom the employee was working at the time of
injury offers to the employee suitable work consistent with the
employee's disability the employee shall accept the suitable
work, and be compensated with temporary partial benefits. If
the employer offers the employee suitable work and the employee
refuses to accept the suitable work offered by the employer,
the employee shall not be compensated with temporary partial,
temporary total, or healing period benefits during the period
of the refusal. Work offered at the employer's principal
place of business or established place of operation where the
employee has previously worked is presumed to be geographically
suitable for an employee whose duties involve travel away from
the employer's principal place of business or established place
of operation more than fifty percent of the time. If suitable
work is not offered by the employer for whom the employee was
working at the time of the injury and the employee who is
temporarily, partially disabled elects to perform work with
a different employer, the employee shall be compensated with
temporary partial benefits.
Sec. 29. Section 85.43, subsections 1 and 3, Code 2018, are
amended to read as follows:
1. If the deceased employee leaves a surviving spouse
qualified under the provisions of section 85.42, the full
compensation shall be paid to the surviving spouse, as provided
in section 85.31; provided that where a deceased employee leave
leaves a surviving spouse and a dependent child or children the
workers' compensation commissioner may make an order of record
for an equitable apportionment of the compensation payments.
3. If the deceased leaves a dependent child or children who
was or were such at the time of the injury, and the surviving
spouse remarries, then and in such case, the payments shall be
paid to the proper compensation trustee for the use and benefit
of such dependent child or children for the period provided in
section 85.31.
Sec. 30. Section 85.49, Code 2018, is amended to read as
follows:
85.49 Trustees for minors and dependents.
1. When a minor or a dependent who is mentally incompetent
is entitled to weekly benefits under this chapter, or chapter
85A or 85B, payment shall be made to the parent, guardian, or
conservator, who shall act as trustee, and the money coming
into the trustee's hands shall be expended for the use and
benefit of the person entitled to it under the direction and
orders of a district judge. The trustee shall qualify and give
bond in an amount as the district judge directs, which may be
increased or diminished from time to time.
2. If the domicile or residence of the minor or dependent
who is mentally incompetent is outside the state of Iowa, the
workers' compensation commissioner may order and direct that
benefits to the minors minor or dependents dependent be paid to
a guardian, conservator, or legal representative duly qualified
under the laws of the jurisdiction wherein the minors minor or
dependents dependent shall be domiciled or reside. Proof of
the identity and qualification of the guardian, conservator, or
other legal representative shall be furnished to the workers'
compensation commissioner.
Sec. 31. Section 85.61, subsection 3, Code 2018, is amended
to read as follows:
3. "Gross earnings" means recurring payments by the
employer to the employee for employment, before any authorized
or lawfully required deduction or withholding of funds by
the employer, excluding irregular bonuses, retroactive pay,
overtime, penalty pay, reimbursement of expenses, expense
allowances, and the employer's contribution for welfare
benefits.
Sec. 32. Section 85.70, subsection 2, paragraphs c, d, and
f, Code 2018, are amended to read as follows:
c. The employee shall be entitled to financial support from
the employer or the employer's insurer for participation in
the new career vocational and education training and education
program in a total amount not to exceed fifteen thousand
dollars to be used for the payment of tuition and fees and
the purchase of required supplies. The community college in
which an employee is enrolled pursuant to the program shall
bill the employer or the employer's insurer for the employee's
tuition and fees each semester, or the equivalent, that the
employee is enrolled in the program. The employer or the
employer's insurer shall also pay for the purchase of supplies
required by the employee to participate in the program, upon
receipt of documentation from the employee detailing the cost
of the supplies and the necessity for purchasing the supplies.
Such documentation may include written course requirements or
other documentation from the community college or the course
instructor regarding the necessity for the purchase of certain
supplies.
d. The employer or the employer's insurer may request a
periodic status report each semester from the community college
documenting the employee's attendance and participation in and
completion of the education and career vocational training
and education program. If an employee does not meet the
attendance requirements of the community college at which the
employee is enrolled or does not maintain a passing grade in
each course in which the employee is enrolled each semester,
or the equivalent, the employee's eligibility for continued
participation in the program is terminated.
f. Beginning on or before December 1, 2018, the department
of workforce development, in cooperation with the department
of education, the insurance division of the department of
commerce, and all community colleges that are participating
in the new career and vocational training and education
program, shall prepare an annual report for submission to the
general assembly that provides information about the status
of the program including but not limited to the utilization
of and participants in the program, program completion rates,
employment rates after completion of the program and the types
of employment obtained by the program participants, and the
effects of the program on workers' compensation premium rates.
Sec. 33. Section 88.7, subsection 1, paragraph b, Code 2018,
is amended to read as follows:
b. If, upon inspection or investigation, the commissioner or
the commissioner's authorized representative believes that an
employee, under the employee's own volition, has violated the
requirements of section 88.4, of any standard, rule or rules
promulgated pursuant to section 88.5, or of any regulations
prescribed pursuant to this chapter, the commissioner shall
with reasonable promptness issue a citation to the employee.
Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a
reference to the provision of the chapter, standard, rules,
regulations or order alleged to have been violated. The
commissioner shall prescribe procedures for the issuance of
a notice in lieu of a citation with respect to de minimis
violations which have no direct or immediate relationship to
safety and health.
Sec. 34. Section 88A.3, subsection 1, Code 2018, is amended
to read as follows:
1. The commissioner shall adopt rules pursuant to chapter
17A for the safe installation, repair, maintenance, use,
operation, and inspection of amusement devices, amusement
rides, concession booths, and related electrical equipment at
carnivals and fairs to the extent necessary for the protection
of the public. The rules shall be based on generally accepted
engineering standards and shall be concerned with, but not
necessarily limited to, engineering force stresses, safety
devices, and preventive maintenance. If standards are
available in suitable form, the standards may be incorporated
by reference. The rules shall provide for the reporting of
accidents and injuries incurred from the operation of amusement
devices or rides, concession booths, or related electrical
equipment.
Sec. 35. Section 92.4, subsection 1, Code 2018, is amended
to read as follows:
1. Those persons legally out of school, and if such status
is verified by the submission of written proof to the labor
commissioner.
Sec. 36. Section 92.21, Code 2018, is amended to read as
follows:
92.21 Rules and orders of labor commissioner.
1. The labor commissioner may adopt rules pursuant to
chapter 17A to more specifically define the occupations and
equipment permitted or prohibited in this chapter, to determine
occupations for which work permits are required, and to
issue general and special orders prohibiting or allowing the
employment of persons under eighteen years of age in any place
of employment defined in this chapter as hazardous to the
health, safety, and welfare of the persons.
2. The labor commissioner shall adopt rules pursuant to
chapter 17A specifically defining the civil penalty amount to
be assessed for violations of this chapter.
Sec. 37. Section 100.19, subsection 4, paragraph d, Code
2018, is amended by striking the paragraph.
Sec. 38. Section 100.19, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. A retailer or community group shall not
transfer consumer fireworks, as described in APA 87=1, chapter
3, to a person who is under eighteen years of age.
Sec. 39. Section 123.38, subsection 2, Code 2018, is amended
to read as follows:
2. a. Any licensee or permittee, or the licensee's or
permittee's executor or administrator, or any person duly
appointed by the court to take charge of and administer the
property or assets of the licensee or permittee for the benefit
of the licensee's or permittee's creditors, may voluntarily
surrender a license or permit to the division. When a license
or permit is surrendered the division shall notify the local
authority, and the division or the local authority shall
refund to the person surrendering the license or permit, a
proportionate amount of the fee received by the division or the
local authority for the license or permit as follows: if
(1) If a license or permit is surrendered during the first
three months of the period for which it was issued, the refund
shall be three=fourths of the amount of the fee; if.
(2) If surrendered more than three months but not more than
six months after issuance, the refund shall be one=half of the
amount of the fee; if.
(3) If surrendered more than six months but not more than
nine months after issuance, the refund shall be one=fourth of
the amount of the fee.
(4) No refund shall be made, however, for any special
permit, liquor control license, wine permit, or beer permit
surrendered more than nine months after issuance.
b. For purposes of this subsection, any portion of license
or permit fees used for the purposes authorized in section
331.424, subsection 1, paragraph "a", subparagraphs (1) and
(2), and in section 331.424A, shall not be deemed received
either by the division or by a local authority.
c. No refund shall be made to any licensee or permittee
upon the surrender of the license or permit if there is at the
time of surrender a complaint filed with the division or local
authority charging the licensee or permittee with a violation
of this chapter.
d. If upon a hearing on a complaint the license or permit
is not revoked or suspended, then the licensee or permittee is
eligible, upon surrender of the license or permit, to receive a
refund as provided in this section. However, if the license or
permit is revoked or suspended upon hearing, the licensee or
permittee is not eligible for the refund of any portion of the
license or permit fee.
Sec. 40. Section 124.206, subsection 2, paragraph d,
unnumbered paragraph 1, Code 2018, is amended to read as
follows:
Coca leaves and any salt, compound, derivative, or
preparation of coca leaves, including cocaine and ecgonine and
their salts, isomers, derivatives and salts of isomers and
derivatives, and any salt, compound, derivative, or preparation
thereof that is chemically equivalent or identical to any of
such substances, except that the substances shall not include:
Sec. 41. Section 124.510, Code 2018, is amended to read as
follows:
124.510 Reports of arrests and analyses to department.
Any peace officer who arrests for any crime, any known
unlawful user of the drugs described in schedule I, II, III,
or IV, or who arrests any person for a violation of this
chapter, or charges any person with a violation of this chapter
subsequent to the person's arrest, shall within five days after
the arrest or the filing of the charge, whichever is later,
report the arrest and the charge filed to the department. The
peace officer or any other peace officer or law enforcement
agency which makes or obtains any quantitative or qualitative
analysis of any substance seized in connection with the arrest
of the person charged, shall report to the department the
results of the analysis at the time the arrest is reported
or at such later time as the results of the analysis become
available. This information is for the exclusive use of the
division of narcotics enforcement in the department of public
safety, and shall not be a matter of public record.
This information is for the exclusive use of the division of
narcotics enforcement in the department of public safety, and
shall not be a matter of public record.
Sec. 42. Section 126.14, subsection 1, Code 2018, is amended
to read as follows:
1. a. It bears or contains a poisonous or deleterious
substance which may render it injurious to users under the
conditions of use prescribed in its labeling or under customary
or usual conditions of use. However, this does not apply to
coal=tar hair dye if the label of the dye bears the following
legend conspicuously displayed and the label bears adequate
directions for the preliminary testing:
"Caution Caution == This product contains ingredients
which may cause skin irritation on certain individuals and a
preliminary test according to accompanying directions should
first be made. This product must not be used for dyeing the
eyelashes or eyebrows; to do so may cause blindness"; and the
label bears adequate directions for the preliminary testing
blindness.
b. For the purposes of this subsection and subsection 5,
"hair dye" does not include eyelash dyes or eyebrow dyes.
Sec. 43. Section 135B.21, Code 2018, is amended to read as
follows:
135B.21 Functions of hospital.
The ownership, and maintenance, and operation of the
laboratory and X=ray facilities and the operation of same under
this subchapter are proper functions of a hospital.
Sec. 44. Section 137C.1, Code 2018, is amended to read as
follows:
137C.1 Title.
This chapter shall be known as the Iowa hotel sanitation code
"Iowa Hotel Sanitation Code".
Sec. 45. Section 137C.35, Code 2018, is amended to read as
follows:
137C.35 Bed and breakfast homes and inns.
1. This chapter does not apply to bed and breakfast homes as
defined in section 137F.1. However, a bed and breakfast home
shall have a smoke detector in proper working order in each
sleeping room and a fire extinguisher in proper working order
on each floor. A bed and breakfast home which does not receive
its drinking water from a public water supply shall have its
drinking water tested at least annually by the state hygienic
laboratory or the local board of health. A violation of this
section is punishable as provided in section 137C.28.
2. A bed and breakfast inn is subject to regulation,
licensing, and inspection under this chapter, but separate
toilet and lavatory facilities shall not be required for each
guest room. Additionally, a bed and breakfast inn is exempt
from fire safety rules adopted pursuant to section 100.35 and
applicable to hotels, but is subject to fire safety rules which
the state fire marshal shall specifically adopt for bed and
breakfast inns.
3. A violation of this section is punishable as provided in
section 137C.28.
Sec. 46. Section 147.136A, subsection 1, paragraph a, Code
2018, is amended to read as follows:
a. "Health care provider" means a hospital as defined in
section 135B.1, a health care facility as defined in section
135C.1, a health facility as defined in section 135P.1, a
physician or an osteopathic physician licensed under chapter
148, a chiropractor licensed under chapter 151, a podiatrist
licensed under chapter 149, a physician assistant licensed and
practicing under a supervising physician under chapter 148C, a
podiatrist licensed under chapter 149, a chiropractor licensed
under chapter 151, a licensed practical nurse, a registered
nurse, or an advanced registered nurse practitioner licensed
under chapter 152 or 152E, a dentist licensed under chapter
153, an optometrist licensed under chapter 154, a pharmacist
licensed under chapter 155A, a hospital as defined in section
135B.1, a health care facility as defined in section 135C.1, a
health facility as defined in section 135P.1, a professional
corporation under chapter 496C that is owned by persons
licensed to practice a profession listed in this paragraph,
or any other person or entity who is licensed, certified, or
otherwise authorized or permitted by the law of this state to
administer health care in the ordinary course of business or in
the practice of a profession.
Sec. 47. Section 148D.2, Code 2018, is amended to read as
follows:
148D.2 Establishment.
1. A statewide medical education system is established
for the purpose of training resident physicians in family
practice. The dean of the college of medicine is responsible
for implementing the development and expansion of residency
programs in cooperation with the medical profession, hospitals,
and clinics located throughout the state. The head of the
department of family practice in the college of medicine
shall determine where affiliated residency programs shall be
established, giving consideration to communities in the state
where the population, hospital facilities, number of physicians
and interest in medical education indicate the potential
success of the residency programs. The medical education
systems shall provide financial support for residents in
training in accredited affiliated residency programs and shall
establish positions for a director, assistant director, and
other faculty in the programs.
2. To assure continued growth, development, and academic
essentials in ongoing programs, nonaffiliated residency
programs which are accredited by a recognized national
accrediting organization, shall be funded under this chapter
at a level commensurate with the support of the affiliated
residency programs having a comparable number of residents in
training or, if there are no affiliated residency programs
having a comparable number of residents in training, then a
nonaffiliated program shall be funded in an amount determined
on a pro rata capitation basis for each resident in training,
equivalent to the per capita funding for each resident in
training in an affiliated program having the nearest number of
residents in training. As used in the preceding sentence this
subsection, "support" means both cash grants and the value of
service directly provided to affiliated residency programs by
the college of medicine.
Sec. 48. Section 161A.24, Code 2018, is amended to read as
follows:
161A.24 Assessment for improvements.
1. At the time of appointing said the appraisers, the
governing body shall fix the time within which said assessment,
classification, and apportionment shall be made, which may
be extended for good cause shown. Within twenty days after
their appointment, they the appraisers shall begin to inspect
and classify all the lands within said the district, or any
change, extension, enlargement, or relocation thereof in tracts
of forty acres or less according to the legal or recognized
subdivisions, in a graduated scale of benefits to be numbered
according to the benefit to be received by each of such tracts
from such improvement, and pursue said the work continuously
until completed and, when. When the work is completed, the
appraisers shall make a full, accurate, and detailed report
thereof and file the same report with the governing body. The
lands receiving the greatest benefit shall be marked on a scale
of one hundred, and those benefited in a less degree with such
percentage of one hundred as the benefits received bear in
proportion thereto.
2. The amount of benefit appraised to each forty acres
of land within the subdistrict shall be determined by the
improvements within said subdistrict based upon the work plan
as agreed upon by the subdistrict.
Sec. 49. Section 164.3, Code 2018, is amended to read as
follows:
164.3 Female animals vaccinated.
Native female bovine animals of any breed between the ages
of four months and twelve months may be officially vaccinated
for brucellosis according to procedures approved by the United
States department of agriculture. Native female designated
animals other than bovine animals may be vaccinated as provided
by rules adopted by the department of agriculture and land
stewardship. The expense of the vaccination shall be borne in
the same manner as provided in section 164.6.
Sec. 50. Section 179.8, Code 2018, is amended to read as
follows:
179.8 Payment of expenses == limitation.
1. No part of the expense incurred by the commission
shall be paid out of moneys in the state treasury except
moneys transferred to the commission from the dairy industry
fund. Moneys transferred from the fund to the commission, as
provided in section 179.5, shall be used for the payment of
all salaries, and other expenses necessary, to carry out the
provisions of this chapter. However, in no event shall the
total expenses exceed the total taxes collected and transferred
from the fund to the commission.
2. No more than five percent of the excise tax collected and
received by the commission pursuant to section 179.5 shall be
utilized for administrative expenses of the commission.
Sec. 51. Section 185.25, Code 2018, is amended to read as
follows:
185.25 Special referendum == producer petition.
1. Upon receipt of a petition not less than one hundred
fifty nor more than two hundred forty days from a four=year
anniversary of the effective date of an initial promotional
order signed within that same period by a number of producers
equal to or greater than one percent of the number of
producers reported in the most recent United States census
of agriculture, requesting a referendum to determine whether
to extend the promotional order, the secretary shall call a
referendum to be conducted not earlier than thirty days before
the four=year anniversary date. If the secretary determines
that extension of the promotional order is not favored by
a majority of the producers voting in the referendum, the
promotional order shall be terminated as provided in section
185.24. If the promotional order is terminated, another
referendum shall not be held within one hundred eighty days. A
succeeding referendum shall be called by the secretary upon the
petition of a number of producers equal to or greater than one
percent of the number of producers reported in the most recent
United States census of agriculture requesting a referendum,
who shall guarantee the costs of the referendum.
2. If no valid petition is received by the secretary
within the time period described above in subsection 1, or
if a petition is received but the referendum to extend the
promotional order passes, the promotional order shall continue
in effect for four additional years from the anniversary of its
effective date.
Sec. 52. Section 192.103, subsections 1 and 2, Code 2018,
are amended to read as follows:
1. Only grade "A" pasteurized milk and milk products
shall be sold to the final consumer, or to restaurants, soda
fountains, grocery stores, or similar establishments; except.
However, in an emergency, the sale of pasteurized milk and milk
products which have not been graded, or the grade of which is
unknown, may be authorized by the secretary, in which case,
such products shall be labeled "ungraded".
2. No person shall within the state produce, provide,
sell, offer, or expose for sale, or have in possession with
intent to sell, any milk or milk product which is adulterated
or misbranded; except. However, in an emergency, the sale
of pasteurized milk and milk products which have not been
graded, or the grade of which is unknown, may be authorized by
the secretary, in which case such products shall be labeled
"ungraded".
Sec. 53. Section 200.17, Code 2018, is amended to read as
follows:
200.17 Seizure, condemnation, and sale.
Any lot of commercial fertilizer or soil conditioner not
in compliance with the provisions of this chapter shall be
subject to seizure on complaint of the secretary to a court
of competent jurisdiction in the county or adjoining county
in which said the commercial fertilizer or soil conditioner
is located. In the event the court finds the said commercial
fertilizer or soil conditioner to be in violation of this
chapter and orders the condemnation of said the commercial
fertilizer or soil conditioner, it shall be disposed of in any
manner consistent with the quality of the commercial fertilizer
or soil conditioner and the laws of the state: Except state.
However, in no instance shall the disposition of said the
commercial fertilizer or soil conditioner be ordered by the
court without first giving the claimant an opportunity to apply
to the court for release of said the commercial fertilizer or
soil conditioner or for permission to reprocess or relabel said
the commercial fertilizer or soil conditioner to bring it into
compliance with this chapter.
Sec. 54. Section 206.2, subsection 18, paragraph b,
subparagraph (8), Code 2018, is amended to read as follows:
(8) If in the case of a plant growth regulator, defoliant,
or desiccant when used as directed it shall be injurious to
living man humans or other vertebrate animals, or vegetation to
which it is applied, or to the person applying such pesticide;
provided, that physical or physiological effects on plants or
parts thereof shall not be deemed to be injury, when this is
the purpose for which the plant growth regulator, defoliant, or
desiccant was applied, in accordance with the label claims and
recommendations.
Sec. 55. Section 206.2, subsection 31, Code 2018, is amended
to read as follows:
31. "Unreasonable adverse effects on the environment" means
any unreasonable risk to man humans or the environment, taking
into account the economic, social, and environmental costs and
benefits of the use of any pesticide.
Sec. 56. Section 217.5, Code 2018, is amended to read as
follows:
217.5 Director of human services.
The chief administrative officer for the department of human
services is the director of human services. The director shall
be appointed by the governor subject to confirmation by the
senate and shall serve at the pleasure of the governor. The
governor shall fill a vacancy in this office in the same manner
as the original appointment was made. The director shall be
selected primarily for administrative ability. The director
shall not be selected on the basis of political affiliation
and shall not engage in political activity while holding this
position.
The director shall not be selected on the basis of political
affiliation and shall not engage in political activity while
holding this position.
Sec. 57. Section 218.4, subsection 2, Code 2018, is amended
to read as follows:
2. Rules adopted by the council pursuant to chapter 17A
shall be uniform and shall apply to all institutions under the
particular administrator and to all other institutions under
the administrator's jurisdiction, and the. The primary rules
for use in institutions where persons with mental illness are
served shall, unless otherwise indicated, uniformly apply
to county or private hospitals in which persons with mental
illness are served, but the rules shall not interfere with
proper medical treatment administered to patients by competent
physicians. Annually, signed copies of the rules shall be
sent to the superintendent of each institution or hospital
under the control or supervision of a particular administrator
and copies. Copies shall also be sent to the clerk of each
district court, the chairperson of the board of supervisors
of each county and, as appropriate, to the officer in charge
of institutions or hospitals caring for persons with mental
illness in each county who shall be responsible for seeing
that the rules are posted in each institution or hospital in a
prominent place. The rules shall be kept current to meet the
public need and shall be revised and published annually.
Sec. 58. Section 218.9, Code 2018, is amended to read as
follows:
218.9 Appointment of superintendents.
1. The administrator in charge of an institution, subject to
the approval of the director of human services, shall appoint
the superintendent of the institution. The tenure of office
shall be at the pleasure of the appointing authority. The
appointing authority may transfer a superintendent or warden
from one institution to another.
2. The superintendent or warden shall have immediate
custody and control, subject to the orders and policies of the
division administrator in charge of the institution, of all
property used in connection with the institution except as
provided in this chapter. The tenure of office shall be at the
pleasure of the appointing authority. The appointing authority
may transfer a superintendent or warden from one institution
to another.
Sec. 59. Section 218.21, Code 2018, is amended to read as
follows:
218.21 Record of residents.
The administrator of the department of human services in
control of a state institution shall, as to every person
committed to any of said the institutions, keep the following
record:
1. Name, residence, sex, age, nativity, occupation, civil.
2. Residence.
3. Sex.
4. Age.
5. Nativity.
6. Occupation.
7. Civil condition, date.
8. Date of entrance or commitment, date.
9. Date of discharge, whether.
10. Whether a discharge was final, condition.
11. Condition of the person when discharged, the.
12. The name of the institutions from which and to which
such person has been transferred, and, if.
13. If dead, the date, and cause of the person's death.
Sec. 60. Section 222.85, Code 2018, is amended to read as
follows:
222.85 Deposit of moneys == exception to guardians.
1. Any funds coming into the possession of the
superintendent or any employee of a resource center or special
unit belonging to any patient in that institution shall be
deposited in the name of the patient in the patients' personal
deposit fund, except that if a guardian of the property has
been appointed for the person, the guardian shall have the
right to demand and receive such funds. Funds belonging to a
patient deposited in the patients' personal deposit fund may
be used for the purchase of personal incidentals, desires, and
comforts for the patient.
2. Money paid to a resource center from any source other
than state appropriated funds and intended to pay all or a
portion of the cost of care of a patient, which cost would
otherwise be paid from state or county funds or from the
patient's own funds, shall not be deemed money "funds belonging
to the patient a patient" for the purposes of this section.
Sec. 61. Section 232.52, subsection 2, paragraph a,
subparagraph (4), subparagraph division (a), subparagraph
subdivision (viii), Code 2018, is amended to read as follows:
(viii) Section 724.4 or 724.4B.
Sec. 62. Section 232.72, subsection 2, Code 2018, is amended
to read as follows:
2. However, if If the person making a report of child
abuse pursuant to this chapter does not know where the child's
home is located, or if the child's home is not located in the
service area where the health practitioner examines, attends,
or treats the child, the report may be made to the department
or to the local office serving the county where the person
making the report resides or the county where the health
practitioner examines, attends, or treats the child. These
agencies shall promptly proceed as provided in section 232.71B,
unless the matter is transferred as provided in this section.
Sec. 63. Section 232.158A, subsection 1, unnumbered
paragraph 1, Code 2018, is amended to read as follows:
Notwithstanding any provision of the interstate compact
on the placement of children under section 232.158 to the
contrary, the department of human services shall permit the
legal risk placement of a child under the interstate compact on
the placement of children if the prospective adoptive parent
provides a legal risk statement, in writing, acknowledging all
of the following:
Sec. 64. Section 249A.47, subsection 4, Code 2018, is
amended to read as follows:
4. Of any amount recovered arising out of a claim under Tit.
XIX or XXI of the federal Social Security Act, the department
shall receive the amount bearing the same proportion paid by
the department for such claims, including any federal share
that must be returned to the centers for Medicare and Medicaid
services of the United States department of health and human
services. The remainder of any amount recovered shall be
deposited in the general fund of the state.
Sec. 65. Section 251.1, Code 2018, is amended to read as
follows:
251.1 Definitions.
As used in this chapter:
1. "Administrator" means the administrator of the division
of adult, children, and family services of the department of
human services.
2. "Division" or "state division" means the division of
child adult, children, and family services of the department
of human services; "administrator" means the administrator of
the division of child and family services of the department of
human services.
Sec. 66. Section 260C.35, Code 2018, is amended to read as
follows:
260C.35 Limitation on land.
1. A merged area shall not purchase land which will increase
the aggregate of land owned by the merged area, excluding land
acquired by donation or gift, to more than three hundred twenty
acres without the approval of the director of the department
of education. The limitation does not apply to a merged area
owning more than three hundred twenty acres, excluding land
acquired by donation or gift, prior to January 1, 1969.
2. With the approval of the director of the department
of education, the board of directors of a merged area at any
time may sell any land in excess of one hundred sixty acres
owned by the merged area, and an election is not necessary in
connection with the sale. The proceeds of the sale may be
used for any of the purposes stated in section 260C.22. This
paragraph subsection is in addition to any authority under
other provisions of law.
Sec. 67. Section 260F.2, subsection 11, Code 2018, is
amended to read as follows:
11. "Project" means a training arrangement which is the
subject of an agreement entered into between the community
college and a business to provide program services. "Project"
also means an authority=sponsored a training arrangement which
is sponsored by the authority and administered under sections
260F.6A and 260F.6B.
Sec. 68. Section 261.1, subsection 2, paragraph d,
subparagraph (2), Code 2018, is amended to read as follows:
(2) One member shall be selected to represent Iowa's
community colleges. When appointing this member, the governor
shall give careful consideration to any person or persons
nominated or recommended by any organization or association of
Iowa community colleges.
Sec. 69. Section 261.2, subsection 10, paragraph b, Code
2018, is amended to read as follows:
b. The institutions are eligible to participate in a federal
student aid program authorized under Tit. IV of the federal
Higher Education Act of 1965, Pub. L. No. 89=329, as amended.
Sec. 70. Section 262.75, Code 2018, is amended to read as
follows:
262.75 Incentives for cooperating teachers.
1. A cooperating teacher incentive program is established
to encourage experienced teachers to serve as cooperating
teachers for student teachers enrolled in the institutions of
higher education under the control of the board.
2. An individual who submits evidence to an institution
that the individual has satisfactorily served as a cooperating
teacher for a student teacher from any of the institutions
of higher education under the control of the board for the
duration of the student teaching experience shall receive from
the institution either a monetary recompense or a reduction
in tuition for graduate hours of coursework equivalent to the
value of the monetary recompense, rounded to the nearest whole
credit hour.
a. If, because of a policy adopted by the board of directors
employing the teacher, the amount of the monetary recompense
is not made available to the teacher for the teacher's own
personal use or the salary paid to the cooperating teacher by
the employing board is correspondingly reduced, the institution
shall grant the teacher the reduction in tuition pursuant to
this section in lieu of the monetary recompense.
b. In lieu of the payment of monetary recompense to a
cooperating teacher, the cooperating teacher may direct that
the monetary recompense be paid by the institution directly
into a scholarship fund which has been established jointly by
the board of directors of the school district that employs
the teacher and the local teachers' association. In such
cases, the cooperating teacher shall receive neither monetary
recompense nor any reduction in tuition at the institution.
Sec. 71. Section 263.17, subsection 2, Code 2018, is amended
to read as follows:
2. a. The center shall be a cooperative effort of
representatives of the following organizations:
(1) The state university of Iowa department of preventive
medicine occupational and environmental health.
(2) The department of pediatrics of the university of Iowa
college of medicine.
(3) The state hygienic laboratory.
(4) The institute of agricultural medicine rural and
environmental health.
(5) The university of Iowa Holden comprehensive cancer
center.
(6) The department of civil and environmental engineering.
(7) Appropriate clinical and basic science departments.
(8) The college of law.
(9) The college of liberal arts and sciences.
(10) The Iowa department of public health.
(11) The department of natural resources.
(12) The department of agriculture and land stewardship.
b. The active participation of the national cancer
institute, the agency for toxic substances and disease
registries registry, the national center centers for disease
control and prevention, the United States environmental
protection agency, and the United States geological survey,
shall also be sought and encouraged.
Sec. 72. Section 273.25, Code 2018, is amended to read as
follows:
273.25 Dissolution commission meetings.
1. The commission shall hold an organizational meeting
not more than fifteen days after its appointment and shall
elect a chairperson and vice chairperson from its membership.
Thereafter the commission may meet as often as deemed
necessary upon the call of the chairperson or a majority of the
commission members.
2. The commission shall request statements from contiguous
area education agencies outlining each agency's willingness to
accept attachments of the affected area education agency to the
contiguous agencies and what conditions, if any, the contiguous
agency recommends. The commission shall meet with boards of
contiguous area education agencies and with boards of directors
of the affected school districts to the extent possible in
drawing up the dissolution proposal.
3. The commission may seek assistance from the department
of education.
Sec. 73. Section 274.37, Code 2018, is amended to read as
follows:
274.37 Boundaries changed by action of boards == buildings
constructed.
1. The boundary lines of contiguous school corporations may
be changed by the concurrent action of the respective boards
of directors at their regular meetings in July, or at special
meetings called for that purpose. Such concurrent action shall
be subject to the approval of the area education agency board
but such concurrent action shall stand approved if the said
board does not disapprove such concurrent action within thirty
days following receipt of notice thereof. The corporation from
which territory is detached shall, after the change, contain
not less than four government sections of land.
2. The boards in the respective districts, the boundaries
of which have been changed under this section, complete in
all respects except for the passage of time prior to the
effective date of the change, and when the right of appeal of
the change has expired, may enter into joint contracts for the
construction of buildings for the benefit of the corporations
whose boundaries have been changed, using funds accumulated
under the physical plant and equipment levy in section 298.2.
The district in which the building is to be located may use any
funds authorized in accordance with chapter 75.
3. This section does not permit the changed districts to
expend any funds jointly which they are not entitled to expend
acting individually.
Sec. 74. Section 275.2, Code 2018, is amended to read as
follows:
275.2 Scope of surveys.
1. The scope of the studies and surveys shall include
all of the following matters in the various districts in the
area education agency and all districts adjacent to the area
education agency: the
a. The adequacy of the educational program, pupil.
b. Pupil enrollment, property.
c. Property valuations, existing.
d. Existing buildings and equipment, natural.
e. Natural community areas, road.
f. Road conditions, transportation, economic.
g. Transportation.
h. Economic factors, individual.
i. Individual attention given to the needs of students, the.
j. The opportunity of students to participate in a wide
variety of activities related to the total development of the
student, and other.
k. Other matters that may bear on educational programs
meeting minimum standards required by law.
2. The plans shall also include suggested alternate plans
that incorporate the school districts in the area education
agency into reorganized districts that meet the enrollment
standards specified in section 275.3 and may include alternate
plans proposed by school districts for sharing programs
under section 28E.9, 256.13, 280.15, 282.7, or 282.10 as an
alternative to school reorganization.
Sec. 75. Section 275.52, Code 2018, is amended to read as
follows:
275.52 Meetings.
1. The commission shall hold an organizational meeting
not more than fifteen days after its appointment and shall
elect a chairperson and vice chairperson from its membership.
Thereafter the commission may meet as often as deemed
necessary upon the call of the chairperson or a majority of the
commission members.
2. The commission shall request statements from contiguous
school districts outlining each district's willingness
to accept attachments of the affected school district to
the contiguous districts and what conditions, if any, the
contiguous school district recommends. The commission shall
meet with boards of contiguous school districts and with
residents of the affected school district to the extent
possible in drawing up the dissolution proposal.
3. The commission may seek assistance from the area
education agency and the department of education.
Sec. 76. Section 306.41, Code 2018, is amended to read as
follows:
306.41 Temporary closing for construction.
1. The agency having jurisdiction and control over any
highway in the state, or the chief engineer of said the
agency when delegated by such agency, may temporarily close
sections of a highway by formal resolution entered upon the
minutes of such agency when reasonably necessary because
of construction, reconstruction, maintenance or natural
disaster and shall cause to be erected "road closed" signs
and partial or total barricades in the roadway at each end
of the closed highway section and on the closed highway
where that highway is intersected by other highways if such
intersection remains open. Any numbered road closed for over
forty=eight hours shall have a designated detour route. The
agency having jurisdiction over a section of highway closed
in accordance with the provisions of this section, or the
persons or contractors employed to carry out the construction,
reconstruction, or maintenance of the closed section of
highway, shall not be liable for any damages to any vehicle
that enters the closed section of highway or the contents of
such vehicle or for any injuries to any person that enters the
closed section of highway, unless the damages are caused by
gross negligence of the agency or contractor.
2. Nothing herein in this section shall be construed to
prohibit or deny any person from gaining lawful access to the
person's property or residence, nor shall it change or limit
liability to such persons.
Sec. 77. Section 306A.5, Code 2018, is amended to read as
follows:
306A.5 Acquisition of property and property rights.
1. For the purposes of this chapter, cities and highway
authorities having jurisdiction and control over the highways
of the state, as provided by chapter 306, may acquire private
or public property rights for controlled=access facilities
and service roads, including rights of access, air, view, and
light, by gift, devise, purchase, or condemnation in the same
manner as such units are authorized by law to acquire such
property or property rights in connection with highways and
streets within their respective jurisdictions. All property
rights acquired under this chapter shall be in fee simple. In
connection with the acquisition of property or property rights
for a controlled=access facility or portion of, or service road
in connection with a controlled=access facility, the cities and
highway authorities, in their discretion, may acquire an entire
lot, block, or tract of land, if by so doing the interests of
the public will be best served, even though the entire lot,
block, or tract is not immediately needed for the right=of=way
proper.
2. No access Access rights to any highway shall not be
acquired by any authority having jurisdiction and control
over the highways of this state by adverse possession or
prescriptive right. No action heretofore or hereafter Action
taken by any such authority shall not form the basis for any
claim of adverse possession of, or prescriptive right to any
access rights by any such authority.
Sec. 78. Section 308.1, Code 2018, is amended to read as
follows:
308.1 Planning commission.
1. The Mississippi parkway planning commission shall be
composed of ten members appointed by the governor, five members
to be appointed for two=year terms beginning July 1, 1959, and
five members to be appointed for four=year terms beginning July
1, 1959. In addition to the above members there shall be seven
advisory ex officio members who shall be as follows:
a. One member from the state transportation commission, one.
b. One member from the natural resource commission, one.
c. One member from the state soil conservation and water
quality committee, one.
d. One member from the state historical society of Iowa,
one.
e. One member from the faculty of the landscape
architectural division of the Iowa state university of science
and technology, one.
f. One member from the economic development authority, and
one.
g. One member from the environmental protection commission.
2. Members and ex officio members shall serve without pay,
but the actual and necessary expenses of members and ex officio
members may be paid if the commission so orders and if the
commission has funds available for that purpose.
Sec. 79. Section 308A.3, Code 2018, is amended to read as
follows:
308A.3 Certain elevated structures prohibited == exception.
Bikeways and walkways approved as either incidental features
of highway construction projects primarily for motor vehicular
traffic or as an independent bikeway or walkway construction
project constructed pursuant to the Highway Act of 1973, 23
U.S.C. {217, shall not be constructed as elevated structures
joining private buildings or so constructed to provide elevated
access or egress facilities to private buildings unless the
following condition is met:
That the portion of project funds that is necessary to obtain
federal funds is provided by private parties benefited by the
facilities.
Sec. 80. Section 317.3, Code 2018, is amended to read as
follows:
317.3 Weed commissioner == standards for noxious weed
control.
1. The board of supervisors of each county may annually
appoint a county weed commissioner who may be a person
otherwise employed by the county and who passes minimum
standards established by the department of agriculture and land
stewardship for noxious weed identification and the recognized
methods for noxious weed control and elimination. The county
weed commissioner's appointment shall be effective as of March
1 and shall continue for a term at the discretion of the
board of supervisors unless the commissioner is removed from
office as provided for by law. The county weed commissioner
may, with the approval of the board of supervisors, require
that commercial applicators and their appropriate employees
pass the same standards for noxious weed identification
as established by the department of agriculture and land
stewardship. The name and address of the person appointed
as county weed commissioner shall be certified to the county
auditor and to the secretary of agriculture within ten days of
the appointment.
2. The board of supervisors shall fix the compensation
of the county weed commissioner and deputies. Compensation
shall be for the period of actual work only, although a
weed commissioner assigned other duties not related to weed
eradication may receive an annual salary. The board of
supervisors shall likewise determine whether employment shall
be by hour, day, or month and the rate of pay for the employment
time. In addition to compensation, the commissioner and
deputies shall be paid their necessary travel expenses.
3. At the discretion of the board of supervisors, the weed
commissioner shall attend a seminar or school conducted or
approved by the department of agriculture and land stewardship
relating to the identification, control, and elimination of
noxious weeds. The county weed commissioner may, with the
approval of the board of supervisors, require that commercial
applicators and their appropriate employees pass the same
standards for noxious weed identification as established by the
department of agriculture and land stewardship.
4. The board of supervisors shall prescribe the time of year
the weed commissioner shall perform the powers and duties of
county weed commissioner under this chapter which may be during
that time of year when noxious weeds can effectively be killed.
Compensation shall be for the period of actual work only
although a weed commissioner assigned other duties not related
to weed eradication may receive an annual salary. The board of
supervisors shall likewise determine whether employment shall
be by hour, day or month and the rate of pay for the employment
time.
Sec. 81. Section 317.13, Code 2018, is amended to read as
follows:
317.13 Program of control.
1. The board of supervisors of each county may each
year, upon recommendation of the county weed commissioner by
resolution prescribe and order a program of weed control for
purposes of complying with all sections of this chapter. The
county board of supervisors of each county may also by adopting
an integrated roadside vegetation management plan prescribe and
order a program of weed control for purposes of complying with
all sections of this chapter. The program for weed control
ordered or adopted by the county board of supervisors shall
provide that spraying for control of weeds shall be limited
to those circumstances when it is not practical to mow or
otherwise control the weeds.
2. The program of weed control shall include a program of
permits for the burning, mowing, or spraying of roadsides by
private individuals. The county board of supervisors shall
allow only that burning, mowing, or spraying of roadsides
by private individuals that is consistent with the adopted
integrated roadside vegetation management plan. This paragraph
subsection applies only to those roadside areas of a county
which are included in an integrated roadside vegetation
management plan.
Sec. 82. Section 321.285, subsection 7, Code 2018, is
amended to read as follows:
7. A person who violates this section for excessive speed
in violation of a speed limit commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 5. A person who operates a school bus at a speed
which exceeds a limit established under this section by
ten miles an per hour or less commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 10. A person who violates any other provision of
this section commits a simple misdemeanor.
Sec. 83. Section 350.2, Code 2018, is amended to read as
follows:
350.2 Petition == board membership.
1. Upon a petition to the board of supervisors which
meets the requirements of section 331.306, the board of
supervisors shall submit to the voters at the next general
election the question of whether a county conservation board
shall be created as provided for in this chapter. If at the
election the majority of votes favors the creation of a county
conservation board, the board of supervisors within sixty days
after the election shall create a county conservation board to
consist of five bona fide residents of the county.
2. The members first appointed shall hold office for the
term of one, two, three, four, and five years respectively, as
indicated and fixed by the board of supervisors. Thereafter,
succeeding members shall be appointed for a term of five years,
except that vacancies occurring otherwise than by expiration
of term shall be filled by appointment for the unexpired term.
When a member of the county conservation board, during the term
of office, ceases to be a bona fide resident of the county,
the member is disqualified as a member and the office becomes
vacant.
3. Members of the county conservation board shall be
selected and appointed on the basis of their demonstrated
interest in conservation matters, and shall serve without
compensation, but may be paid their actual and necessary
expenses incurred in the performance of their official duties.
4. Members of the county conservation board may be
removed for cause by the board of supervisors as provided in
section 331.321, subsection 3, if the cause is malfeasance,
nonfeasance, disability, or failure to participate in board
activities as set forth by the rules of the county conservation
board.
Sec. 84. Section 350.3, Code 2018, is amended to read as
follows:
350.3 Meetings == records == annual report.
1. Within thirty days after the appointment of members
of the county conservation board, the board shall organize
by selecting from its members a president and secretary and
such other officers as are deemed necessary, who shall hold
office for the calendar year in which elected and until
their successors are selected and qualify. Three members of
the board shall constitute a quorum for the transaction of
business.
2. The board shall hold regular monthly meetings. Special
meetings may be called by the president, and shall be called
on the request of a majority of members, as the necessity may
require. Three members of the board shall constitute a quorum
for the transaction of business. The county conservation board
shall have power to adopt bylaws, to adopt and use a common
seal, and to enter into contracts.
3. The county board of supervisors shall provide suitable
offices for the meetings of the county conservation board
and for the safekeeping of its records. Such records shall
be subject to public inspection at all reasonable hours and
under such regulations as the county conservation board may
prescribe.
4. The county conservation board shall annually make a full
and complete report to the county board of supervisors of its
the county conservation board's transactions and operations
for the preceding year. Such report shall contain a full
statement of its the board's receipts, disbursements, and the
program of work for the period covered, and may include such
recommendations as may be deemed advisable.
Sec. 85. Section 350.5, Code 2018, is amended to read as
follows:
350.5 Regulations == penalty == officers.
1. The county conservation board may make, alter, amend or
repeal regulations for the protection, regulation, and control
of all museums, parks, preserves, parkways, playgrounds,
recreation centers, and other property under its control. The
regulations shall not be contrary to, or inconsistent with, the
laws of this state.
2. The regulations shall not take effect until ten days
after their adoption by the board and after their publication
as provided in section 331.305 and after a copy of the
regulations has been posted near each gate or principal
entrance to the public ground to which they apply.
3. After the publication and posting, a person violating a
provision of the regulations which are then in effect is guilty
of a simple misdemeanor.
4. The board may designate the director and those employees
as the director may designate as police officers who shall
have all the powers conferred by law on police officers, peace
officers, or sheriffs in the enforcement of the laws of this
state and the apprehension of violators upon all property under
its control within and without the county. The board may grant
the director and those employees of the board designated as
police officers the authority to enforce the provisions of
chapters 321G, 321I, 461A, 462A, 481A, and 483A on land not
under the control of the board within the county.
Sec. 86. Section 355.8, subsection 17, Code 2018, is amended
to read as follows:
17. Interior excepted parcels shall be clearly indicated
and labeled, "not as follows:
Not a part of this survey (or subdivision)" subdivision).
Sec. 87. Section 357E.5, Code 2018, is amended to read as
follows:
357E.5 Hearing of petition == action by board.
At the public hearing required in section 357E.3, the board
of supervisors may consider the boundaries of a proposed
district, whether the boundaries shall be as described in the
petition or otherwise, and for that purpose may amend the
petition and change the boundaries of the proposed district
as stated in the petition. The supervisors may adjust the
boundaries of a proposed district as needed to exclude land
that has no reasonable likelihood of benefit from inclusion in
the proposed district. However, the boundaries of a proposed
district shall not be changed to incorporate property which
is not included in the original petition. Within ten days
after the hearing, the board of supervisors shall establish the
district by resolution or disallow the petition.
After, and within ten days of, the hearing, the board of
supervisors shall establish the district by resolution or
disallow the petition.
Sec. 88. Section 358.5, Code 2018, is amended to read as
follows:
358.5 Hearing of petition and order.
1. The board of supervisors to whom the petition is
addressed shall preside at the hearing provided for in
section 358.4 and shall continue the hearing in session, with
adjournments from day to day, if necessary, until completed,
without being required to give any further notice of the
hearing. Proof of the residences and qualifications of the
petitioners as eligible electors shall be made by affidavit
or otherwise as the board may direct. The board may consider
the boundaries of a proposed sanitary district, whether they
shall be as described in the petition or otherwise, and for
that purpose may alter and amend the petition and limit or
change the boundaries of the proposed district as stated in the
petition. The board shall adjust the boundaries of a proposed
district as needed to exclude land that has no reasonable
likelihood of benefit from inclusion in the proposed district.
The boundaries of a proposed district shall not be changed to
incorporate property not included in the original petition
and published notice until the owner of the property is given
notice of inclusion as on the original hearing. All persons
in the proposed district shall have an opportunity to be heard
regarding the location and boundaries of the proposed district
and to make suggestions regarding the location and boundaries.
The board of supervisors, after hearing the statements,
evidence and suggestions made and offered at the hearing, shall
enter an order fixing and determining the limits and boundaries
of the proposed district and directing that an election be held
for the purpose of submitting to the registered voters residing
within the boundaries of the proposed district the question
of organization and establishment of the proposed sanitary
district as determined by the board of supervisors. The order
shall fix a date for the election not more than sixty days
after the date of the order.
2. However, a A majority of the landowners, owning in the
aggregate more than seventy percent of the total land in the
proposed district, may file a written remonstrance against
the proposed district at or before the time fixed for the
hearing on the proposed district with the county auditor.
If the remonstrance is filed, the board of supervisors
shall discontinue all further proceedings on the proposed
district and charge the costs incurred to date relating to the
establishment of the proposed district.
Sec. 89. Section 414.28, Code 2018, is amended to read as
follows:
414.28 Manufactured home.
1. As used in this section, "manufactured home" means a
factory=built structure, which is manufactured or constructed
under the authority of 42 U.S.C. {5403 and is to be used as a
place for human habitation, but which is not constructed or
equipped with a permanent hitch or other device allowing it to
be moved other than for the purpose of moving to a permanent
site, and which does not have permanently attached to its body
or frame any wheels or axles.
2. A city shall not adopt or enforce zoning regulations or
other ordinances which disallow the plans and specifications of
a proposed residential structure solely because the proposed
structure is a manufactured home. However, a zoning ordinance
or regulation shall require that a manufactured home be located
and installed according to the same standards, including but
not limited to, a permanent foundation system, set=back, and
minimum square footage which would apply to a site=built,
single family dwelling on the same lot, and shall require
that the home is assessed and taxed as a site=built dwelling.
A zoning ordinance or other regulation shall not require a
perimeter foundation system for a manufactured home which is
incompatible with the structural design of the manufactured
home structure. A city shall not require more than one
permanent foundation system for a manufactured home. For
purposes of this section, a permanent foundation may be a
pier footing foundation system designed and constructed to be
compatible with the structure and the conditions of the site.
When units are located outside a manufactured home community
or mobile home park, requirements may be imposed which ensure
visual compatibility of the permanent foundation system with
surrounding residential structures. As used in this section,
"manufactured home" means a factory=built structure, which is
manufactured or constructed under the authority of 42 U.S.C.
{5403 and is to be used as a place for human habitation, but
which is not constructed or equipped with a permanent hitch
or other device allowing it to be moved other than for the
purpose of moving to a permanent site, and which does not have
permanently attached to its body or frame any wheels or axles.
This section shall not be construed as abrogating a recorded
restrictive covenant.
3. A city shall not adopt or enforce construction,
building, or design ordinances, regulations, requirements, or
restrictions which would mandate width standards greater than
twenty=four feet, roof pitch, or other design standards for
manufactured housing if the housing otherwise complies with 42
U.S.C. {5403. However, this paragraph subsection shall not
prohibit a city from adopting and enforcing zoning regulations
related to transportation, water, sewerage, or other land
development.
4. This section shall not be construed as abrogating a
recorded restrictive covenant.
Sec. 90. Section 414.28A, Code 2018, is amended to read as
follows:
414.28A Land=leased communities.
1. "Land=leased community" means any site, lot, field,
or tract of land under common ownership upon which ten or
more occupied manufactured homes are harbored, either free of
charge or for revenue purposes, and shall include any building,
structure, or enclosure used or intended for use as part of the
equipment of the land=leased community. The term "land=leased
community" shall not be construed to include homes, buildings,
or other structures temporarily maintained by any individual,
educational institution, or company on their own premises and
used exclusively to house their own labor or students.
2. A city shall not adopt or enforce zoning or subdivision
regulations or other ordinances which disallow or make
infeasible the plans and specifications of land=leased
communities because the housing within the land=leased
community will be manufactured housing.
3. "Land=leased community" means any site, lot, field,
or tract of land under common ownership upon which ten or
more occupied manufactured homes are harbored, either free of
charge or for revenue purposes, and shall include any building,
structure, or enclosure used or intended for use as part of the
equipment of the land=leased community. The term "land=leased
community" shall not be construed to include homes, buildings,
or other structures temporarily maintained by any individual,
educational institution, or company on their own premises and
used exclusively to house their own labor or students. A
manufactured home located in a land=leased community shall be
taxed under section 435.22 as if the manufactured home were
located in a mobile home park.
Sec. 91. Section 422.30, Code 2018, is amended to read as
follows:
422.30 Jeopardy assessments == posting of bond.
1. If the director believes that the assessment or
collection of taxes will be jeopardized by delay, the director
may immediately make an assessment of the estimated amount of
tax due, together with all interest, additional amounts, or
penalties, as provided by law. The director shall serve the
taxpayer by regular mail at the taxpayer's last known address
or in person, with a written notice of the amount of tax,
interest, and penalty due, which notice may include a demand
for immediate payment. Service of the notice by regular mail
is complete upon mailing. A distress warrant may be issued or
a lien filed against the taxpayer immediately.
2. The director shall be permitted to accept a bond from
the taxpayer to satisfy collection until the amount of tax
legally due shall be determined. Such bond to be in an amount
deemed necessary, but not more than double the amount of the
tax involved, and with securities satisfactory to the director.
Sec. 92. Section 425.20, Code 2018, is amended to read as
follows:
425.20 Filing dates == affidavit == extension.
1. A claim for reimbursement for rent constituting property
taxes paid shall not be paid or allowed, unless the claim is
filed with and in the possession of the department of revenue
on or before June 1 of the year following the base year.
2. A claim for credit for property taxes due shall not
be paid or allowed unless the claim is filed with the county
treasurer between January 1 and June 1, both dates inclusive,
immediately preceding the fiscal year during which the property
taxes are due. However, in case of sickness, absence, or other
disability of the claimant, or if in the judgment of the county
treasurer good cause exists, the county treasurer may extend
the time for filing a claim for credit through September 30 of
the same calendar year. The county treasurer shall certify to
the director of revenue on or before May 1 of each year the
total amount of dollars due for claims allowed.
3. In case of sickness, absence, or other disability of the
claimant or if, in the judgment of the director of revenue,
good cause exists and the claimant requests an extension,
the director may extend the time for filing a claim for
reimbursement or credit. However, any further time granted
shall not extend beyond December 31 of the year following the
year in which the claim was required to be filed. Claims filed
as a result of this paragraph subsection shall be filed with
the director who shall provide for the reimbursement of the
claim to the claimant.
Sec. 93. Section 428A.1, Code 2018, is amended to read as
follows:
428A.1 Amount of tax on transfers == declaration of value.
1. a. There is imposed on each deed, instrument, or writing
by which any lands, tenements, or other realty in this state
are granted, assigned, transferred, or otherwise conveyed, a
tax determined in the following manner:
(1) When there is no consideration or when the deed,
instrument, or writing is executed and tendered for recording
as an instrument corrective of title, and so states, there is
no tax.
(2) When there is consideration and the actual market value
of the real property transferred is in excess of five hundred
dollars, the tax is eighty cents for each five hundred dollars
or fractional part of five hundred dollars in excess of five
hundred dollars.
b. The term "consideration", as used in this chapter, means
the full amount of the actual sale price of the real property
involved, paid or to be paid, including the amount of an
encumbrance or lien on the property, if assumed by the grantee.
c. It is presumed that the sale price so stated includes
the value of all personal property transferred as part of the
sale unless the dollar value of personal property is stated on
the instrument of conveyance. When the dollar value of the
personal property included in the sale is so stated, it shall
be deducted from the consideration shown on the instrument for
the purpose of determining the tax.
2. When each deed, instrument, or writing by which any real
property in this state is granted, assigned, transferred, or
otherwise conveyed is presented for recording to the county
recorder, a declaration of value signed by at least one of the
sellers or one of the buyers or their agents shall be submitted
to the county recorder. However, if the deed, instrument, or
writing contains multiple parcels some of which are located in
more than one county, separate declarations of value shall be
submitted on the parcels located in each county and submitted
to the county recorder of that county when paying the tax as
provided in section 428A.5. A declaration of value is not
required for those instruments described in section 428A.2,
subsections 2 to 5, 7 to 13, and 16 to 21, or described in
section 428A.2, subsection 6, except in the case of a federal
agency or instrumentality, or if a transfer is the result of
acquisition of lands, whether by contract or condemnation, for
public purposes through an exercise of the power of eminent
domain.
3. The declaration of value shall state the full
consideration paid for the real property transferred. If
agricultural land, as defined in section 9H.1, is purchased by
a corporation, limited partnership, trust, alien or nonresident
alien, the declaration of value shall include the name and
address of the buyer, the name and address of the seller, a
legal description of the agricultural land, and identify the
buyer as a corporation, limited partnership, trust, alien, or
nonresident alien. The county recorder shall not record the
declaration of value, but shall enter on the declaration of
value information the director of revenue requires for the
production of the sales/assessment ratio study and transmit
all declarations of value to the city or county assessor in
whose jurisdiction the property is located. The city or
county assessor shall enter on the declaration of value the
information the director of revenue requires for the production
of the sales/assessment ratio study and transmit one copy of
each declaration of value to the director of revenue, at times
as directed by the director of revenue. The assessor shall
retain one copy of each declaration of value for three years
from December 31 of the year in which the transfer of realty
for which the declaration was filed took place. The director
of revenue shall, upon receipt of the information required to
be filed under this chapter by the city or county assessor,
send to the office of the secretary of state that part of the
declaration of value which identifies a corporation, limited
partnership, trust, alien, or nonresident alien as a purchaser
of agricultural land as defined in section 9H.1.
Sec. 94. Section 441.29, Code 2018, is amended to read as
follows:
441.29 Plat book == index system.
1. The county auditor shall furnish to each assessor a
plat book on which shall be platted the lands and lots in the
assessor's assessment district, showing on each subdivision
or part thereof, written in ink or pencil, the name of the
owner, the number of acres, or the boundary lines and distances
in each, and showing as to each tract the number of acres
to be deducted for railway right=of=way and for roads and
for rights=of=way for public levees and open public drainage
improvements.
2. The auditor, or the auditor's designee, of any county
shall establish a permanent real estate index number system
with related tax maps for all real estate tax administration
purposes, including the assessment, levy, and collection of
such taxes. Wherever in real property tax administration the
legal description of tax parcels is required, such permanent
number system shall be adopted in addition thereto. The
permanent real estate index numbers shall begin with the
two=digit county number and be a unique identifying number
for each parcel within the county. These numbers shall
follow the property, not the owner, and can be an alphanumeric
system. In the event of a division of an existing parcel, the
original permanent parcel index number shall be retired and
new numbers assigned. The auditor shall prepare and maintain
permanent real estate index number tax maps, which shall carry
such numbers. The auditor shall prepare and maintain cross
indexes of the numbers assigned under this system, with legal
descriptions of the real estate to which such numbers relate.
Indexes and tax maps established as provided herein in this
section shall be open to public inspection.
Sec. 95. Section 455B.311, subsection 3, Code 2018, is
amended to read as follows:
3. Grants shall be awarded only for an amount determined by
the department to be reasonable and necessary to conduct the
work as set forth in the grant application. Grants for less
than a county=wide countywide planning area shall be limited to
twenty=five percent state funds, for a single=county planning
area the state funds shall be limited to fifty percent, and for
a two=county planning area the state funds shall be limited
to seventy=five percent. For each additional county above a
two=county planning area, the maximum allowable state funds
shall be increased by an additional five percent, up to a
maximum of ninety percent state funds.
Sec. 96. Section 455B.337, Code 2018, is amended to read as
follows:
455B.337 Emergency action.
1. Whenever the director finds that an emergency exists
requiring immediate action to protect the public health and
safety, the director may, without notice or hearing, issue an
emergency order reciting that an emergency exists and requiring
that such action be taken as the director deems necessary
to meet the emergency. The order may be issued orally to
the person whose operation constitutes the emergency by the
director and confirmed by a copy of such order to be sent by
certified mail within twenty=four hours after the issuance
of the oral order. The emergency order shall be effective
immediately. Any person receiving an emergency order may
request a hearing before the commission within thirty days
following the receipt of the order. The commission shall
schedule a hearing within fourteen days after receipt of the
request for a hearing and give written notice to the alleged
violator by certified mail. The commission may also schedule a
hearing in the absence of a request by the alleged violator.
On the basis of the findings, the commission shall issue a
final order which shall be forwarded to the alleged violator
by certified mail.
2. The director may, if an emergency exists, impound
or order the impounding of any radioactive material in the
possession of any person who is not equipped to observe, or
fails to observe, the provisions of this part 2 of division IV
or any rules adopted under said this part.
Sec. 97. Section 465C.11, Code 2018, is amended to read as
follows:
465C.11 Area held in trust.
1. An area designated as a preserve within the system is
hereby declared put to its highest, best, and most important
use for public benefit. It shall be held in trust and shall
not be alienated except to another public use upon a finding by
the board of imperative and unavoidable public necessity and
with the approval of the commission, the general assembly by
concurrent resolution, and the governor. The board's interest
or interests in any area designated as a preserve shall not be
taken under the condemnation statutes of this state without
such a finding of imperative and unavoidable public necessity
by the board, and with the consent of the commission, the
general assembly by concurrent resolution, and the governor.
2. The board, with the approval of the governor, may enter
into amendments to any articles of dedication upon its finding
that such amendment will not permit an impairment, disturbance,
or development of the area inconsistent with the purposes of
this chapter.
3. Before the board shall make a finding of imperative and
unavoidable public necessity, or shall enter into any amendment
to articles of dedication, it the board shall provide notice of
such proposal and opportunity for any person to be heard. Such
notice shall be published at least once in a newspaper with a
general circulation in the county or counties wherein the area
directly affected is situated, and mailed within ten days of
such published notice to all persons who have requested notice
of all such proposed actions. Each notice shall set forth the
substance of the proposed action and describe, with or without
legal description, the area affected, and shall set forth a
place and time not less than sixty days thence for all persons
desiring to be heard to have reasonable opportunity to be heard
prior to the finding of the board.
Sec. 98. Section 468.68, Code 2018, is amended to read as
follows:
468.68 Drainage warrants received for assessments.
Warrants drawn upon the construction or maintenance funds
of any district for which an assessment has been or must be
levied, shall be transferable by endorsement, and may be
acquired by any taxpayer of such district and applied at their
accrued face value upon the assessment levied to create the
fund against which the warrant was drawn; when the amount of
the warrant exceeds the amount of the assessment, the treasurer
shall cancel the said warrant, and give the holder thereof a
certificate for the amount of such excess, which certificate
shall be filed with the auditor, who shall issue a warrant for
the amount of such excess, and charge the treasurer therewith.
Such certificate is transferable by endorsement, and will
entitle the holder to the new warrant, made payable to the
holder's order, and bearing the original number, preceded by
the words, following words:
"Issued Issued as unpaid balance due on warrant number ...."
number .....
Sec. 99. Section 476.52, Code 2018, is amended to read as
follows:
476.52 Management efficiency.
1. It is the policy of this state that a public utility
shall operate in an efficient manner.
2. If the board determines in the course of a proceeding
conducted under section 476.3 or 476.6 that a utility is
operating in an inefficient manner, or is not exercising
ordinary, prudent management, or in comparison with other
utilities in the state the board determines that the utility is
performing in a less beneficial manner than other utilities,
the board may reduce the level of profit or adjust the revenue
requirement for the utility to the extent the board believes
appropriate to provide incentives to the utility to correct its
inefficient operation.
3. If the board determines in the course of a proceeding
conducted under section 476.3 or 476.6 that a utility is
operating in such an extraordinarily efficient manner that
tangible financial benefits result to the ratepayer, the
board may increase the level of profit or adjust the revenue
requirement for the utility.
4. In making its determination under this section,
the board may also consider a public utility's pursuit of
energy efficiency programs. The board shall adopt rules for
determining the level of profit or the revenue requirement
adjustment that would be appropriate. The board shall also
adopt rules establishing a methodology for an analysis of a
utility's management efficiency.
The board shall also adopt rules establishing a methodology
for an analysis of a utility's management efficiency.
Sec. 100. Section 476.86, subsection 2, Code 2018, is
amended to read as follows:
2. a. "Competitive natural gas provider" means a person who
takes title to natural gas and sells it for consumption by a
retail end user in the state of Iowa. "Competitive natural gas
provider" includes an affiliate of an Iowa gas utility.
b. "Competitive natural gas provider" does not include the
following:
a. (1) A public utility which is subject to rate regulation
under this chapter.
b. (2) A municipally owned utility which provides natural
gas service within its incorporated area or within the
municipal natural gas competitive service area, as defined in
section 437A.3, subsection 22, paragraph "a", subparagraph (1),
in which the municipally owned utility is located.
Sec. 101. Section 479.4, Code 2018, is amended to read as
follows:
479.4 Dangerous construction == inspection.
1. The board is vested with power and authority and it
shall be its the board's duty to supervise all pipelines and
underground storage and pipeline companies and shall from time
to time inspect and examine the construction, maintenance,
and the condition of said the pipelines and underground
storage facilities and whenever said facilities. Whenever
the board shall determine that any pipeline and underground
storage facilities or any apparatus, device, or equipment
used in connection therewith is unsafe and dangerous it, the
board shall immediately in writing notify said the pipeline
company, which is constructing or operating said the pipeline
and underground storage facilities, device, apparatus, or
other equipment to repair or replace any defective or unsafe
part or portion of said the pipeline and underground storage
facilities, device, apparatus, or equipment.
2. All faulty construction, as determined by the inspector,
shall be repaired immediately by the contractor operating for
the pipeline company and the cost of such repairs shall be
paid by said the contractor. If such repairs are not made by
the contractor, the board shall proceed to collect under the
provisions of section 479.26.
Sec. 102. Section 514A.8, Code 2018, is amended to read as
follows:
514A.8 Nonapplication to certain policies.
Nothing in this chapter shall apply to or affect (1) any of
the following:
1. Any policy of workers' compensation insurance or any
policy of liability insurance with or without supplementary
expense coverage therein; or (2) any.
2. Any policy or contract of reinsurance; or (3) any.
3. Any blanket or group policy of insurance; or (4) life.
4. Life insurance, endowment or annuity contracts, or
contracts supplemental thereto which contain only such
provisions relating to accident and sickness insurance as (a)
provide additional benefits in case of death or dismemberment
or loss of sight by accident, or as (b) operate to safeguard
such contracts against lapse, or to give a special surrender
value or special benefit or an annuity in the event that the
insured or annuitant shall become totally and permanently
disabled, as defined by the contract or supplemental contract.
Sec. 103. Section 514C.15, subsection 1, Code 2018, is
amended to read as follows:
1. Discussing treatment options with a covered individual,
notwithstanding the carrier's, or plan's position on such
treatment option.
Sec. 104. Section 515F.2, subsection 3, Code 2018, is
amended to read as follows:
3. "Developed losses" means losses (including, including
loss adjustment expenses) expenses, adjusted, using standard
actuarial techniques, to eliminate the effect of differences
between current payment or reserve estimates and those needed
to provide actual ultimate loss (including, including loss
adjustment expense) expense, payments.
Sec. 105. Section 519A.4, subsection 2, Code 2018, is
amended to read as follows:
2. The plan of operation shall provide for economic, fair
and nondiscriminatory administration, and for the prompt and
efficient provision of medical malpractice insurance. The plan
shall contain other provisions, including but not limited to
preliminary assessment of all members for initial expenses
necessary to commence operations, establishment of necessary
facilities, management of the association, assessment of
members to defray losses and expenses, commission arrangements,
reasonable and objective underwriting standards, acceptance and
cession of reinsurance, appointment of servicing carriers or
other servicing arrangements, and procedures for determining
amounts of insurance to be provided by the association.
Sec. 106. Section 543B.8, Code 2018, is amended to read as
follows:
543B.8 Real estate commission created == staff.
1. A real estate commission is created within the
professional licensing and regulation bureau of the banking
division of the department of commerce. The commission
consists of five members licensed under this chapter and two
members not licensed under this chapter and who shall represent
the general public. Commission members shall be appointed by
the governor subject to confirmation by the senate.
2. No more than one member shall be appointed from a
county. A commission member shall not hold any other elective
or appointive state or federal office. At least one of the
licensed members shall be a licensed real estate salesperson,
except that if the licensed real estate salesperson becomes
a licensed real estate broker during a term of office,
that person may complete the term, but is not eligible for
reappointment on the commission as a licensed real estate
salesperson. A licensed member shall be actively engaged
in the real estate business and shall have been so engaged
for five years preceding the appointment, the last two of
which shall have been in Iowa. Professional associations or
societies of real estate brokers or real estate salespersons
may recommend the names of potential commission members to
the governor. However, the governor is not bound by their
recommendations. A commission member shall not be required to
be a member of any professional association or society composed
of real estate brokers or salespersons. Commission members
shall be appointed by the governor subject to confirmation by
the senate.
3. Appointments shall be for three=year terms and shall
commence and end as provided in section 69.19. A member
shall serve no more than three terms or nine years, whichever
is less. No more than one member shall be appointed from a
county. A commission member shall not hold any other elective
or appointive state or federal office. Vacancies shall be
filled for the unexpired term by appointment of the governor
and are subject to senate confirmation.
4. A majority of the commission members constitutes a
quorum.
5. The administrator of the professional licensing and
regulation bureau of the banking division shall hire and
provide staff to assist the commission with implementing this
chapter. The administrator of the professional licensing and
regulation bureau of the banking division of the department of
commerce shall hire a real estate education director to assist
the commission in administering education programs for the
commission.
The administrator of the professional licensing and
regulation bureau of the banking division of the department of
commerce shall hire a real estate education director to assist
the commission in administering education programs for the
commission.
Sec. 107. Section 544A.17, subsection 2, Code 2018, is
amended to read as follows:
2. Persons acting under the instruction, control, or
supervision of, and those executing the plans of, a licensed
architect or a professional engineer licensed under chapter
542B, provided that such unlicensed persons shall not be
placed in responsible charge of architectural or professional
engineering work.
Sec. 108. Section 554.1201, subsection 1, Code 2018, is
amended to read as follows:
1. Unless the context otherwise requires, words or phrases
defined in this section, or in the additional definitions
contained in other Articles of this chapter that apply to
particular Articles or Parts parts thereof, have the meanings
stated.
Sec. 109. Section 554.1201, subsection 2, unnumbered
paragraph 1, Code 2018, is amended to read as follows:
Subject to definitions contained in other Articles of this
chapter that apply to particular Articles or Parts parts
thereof:
Sec. 110. Section 569.4, Code 2018, is amended to read as
follows:
569.4 Costs and expenses.
1. In all cases in which the state becomes the purchaser of
real estate under the provisions of this chapter, the costs and
expenses attending such purchases shall be audited and allowed
by the director of the department of administrative services,
and paid out of any money moneys in the state treasury not
otherwise appropriated, upon the director's warrant, and
charged to the fund to which the indebtedness belonged upon
which such real estate was taken.
2. If the real estate is purchased by a county, the costs
and expenses shall be audited by the board of supervisors and
paid out of the county treasury, upon a warrant drawn by the
auditor on the treasurer, from the fund to which the debt
belonged upon which said real estate was purchased.
3. If the real estate is purchased by any other municipal
corporation, then the costs shall be audited and paid by it
the municipal corporation in the same manner as other claims
against it the municipal corporation are audited and paid.
Sec. 111. Section 642.21, subsection 1, unnumbered
paragraph 1, Code 2018, is amended to read as follows:
The disposable earnings of an individual are exempt from
garnishment to the extent provided by the federal Consumer
Credit Protection Act, Tit. III, 15 U.S.C. {1671 = 1677
(1982). The maximum amount of an employee's earnings which
may be garnished during any one calendar year is two hundred
fifty dollars for each judgment creditor, except as provided
in chapter 252D and sections 598.22, 598.23, and 627.12, or
when those earnings are reasonably expected to be in excess of
twelve thousand dollars for that calendar year as determined
from the answers taken by the sheriff or by the court pursuant
to section 642.5, subsection 1, question number four. When the
employee's earnings are reasonably expected to be more than
twelve thousand dollars, the maximum amount of those earnings
which may be garnished during a calendar year for each creditor
is as follows:
Sec. 112. Section 657.9, Code 2018, is amended to read as
follows:
657.9 Shooting ranges.
1. Before a person improves property acquired to establish,
use, and maintain a shooting range by the erection of
buildings, breastworks, ramparts, or other works or before a
person substantially changes the existing use of a shooting
range, the person shall obtain approval of the county zoning
commission or the city zoning commission, whichever is
appropriate. The appropriate commission shall comply with
section 335.8 or 414.6. In the event a county or city does
not have a zoning commission, the county board of supervisors
or the city council shall comply with section 335.6 or 414.5
before granting the approval.
2. A person who acquires title to or who owns real property
adversely affected by the use of property with a permanently
located and improved range shall not maintain a nuisance action
against the person who owns the range to restrain, enjoin,
or impede the use of the range where there has not been a
substantial change in the nature of the use of the range.
3. This section does not prohibit actions for negligence or
recklessness in the operation of the range or by a person using
the range.
Sec. 113. Section 674.6, Code 2018, is amended to read as
follows:
674.6 Notice == consent.
1. If the petitioner is married, the petitioner must give
legal notice to the spouse, in the manner of an original
notice, of the filing of the petition.
2. If the petition includes or is filed on behalf of a
minor child fourteen years of age or older, the child's written
consent to the change of name of that child is required.
3. If the petition includes or is filed on behalf of a
minor child under fourteen, both parents as stated on the birth
certificate of the minor child shall file their written consent
to the name change. If one of the parents does not consent
to the name change, a hearing shall be set on the petition on
twenty days' notice to the nonconsenting parent pursuant to the
rules of civil procedure. At the hearing the court may waive
the requirement of consent as to one of the parents if it finds
any of the following:
1. a. That the parent has abandoned the child;.
2. b. That the parent has been ordered to contribute to the
support of the child or to financially aid in the child's birth
and has failed to do so without good cause; or.
3. c. That the parent does not object to the name change
after having been given due and proper notice.
Sec. 114. Section 692.8, Code 2018, is amended to read as
follows:
692.8 Intelligence data.
1. Intelligence data contained in the files of the
department of public safety or a criminal or juvenile justice
agency may be placed within a computer data storage system,
provided that access to the computer data storage system
is restricted to authorized employees of the department or
criminal or juvenile justice agency. The department shall
adopt rules to implement this paragraph subsection.
2. Intelligence data in the files of the department may
be disseminated only to a peace officer, criminal or juvenile
justice agency, or state or federal regulatory agency, and
only if the department is satisfied that the need to know and
the intended use are reasonable. However, intelligence data
may also be disseminated to an agency, organization, or person
when disseminated for an official purpose, and in order to
protect a person or property from a threat of imminent serious
harm. Whenever intelligence data relating to a defendant
or juvenile who is the subject of a petition under section
232.35 for the purpose of sentencing or adjudication has been
provided a court, the court shall inform the defendant or
juvenile or the defendant's or juvenile's attorney that it the
court is in possession of such data and shall, upon request
of the defendant or juvenile or the defendant's or juvenile's
attorney, permit examination of such data.
3. If the defendant or juvenile disputes the accuracy
of the intelligence data, the defendant or juvenile shall
do so by filing an affidavit stating the substance of the
disputed data and wherein it is inaccurate. If the court finds
reasonable doubt as to the accuracy of such information, it the
court may require a hearing and the examination of witnesses
relating thereto on or before the time set for sentencing or
adjudication.
Sec. 115. Section 708.2B, Code 2018, is amended to read as
follows:
708.2B Treatment of domestic abuse offenders.
1. As used in this section, "district department" means
a judicial district department of correctional services,
established pursuant to section 905.2.
2. A person convicted of, or receiving a deferred judgment
for, domestic abuse assault as defined in section 708.2A, shall
report to the district department in order to participate in
a batterers' treatment program for domestic abuse offenders.
In addition, a person convicted of, or receiving a deferred
judgment for, an assault, as defined in section 708.1, which
is domestic abuse, as defined in section 236.2, subsection 2,
paragraph "e", may be ordered by the court to participate in a
batterers' treatment program. Participation in the batterers'
treatment program shall not require a person to be placed on
probation, but a person on probation may participate in the
program.
3. The district departments may contract for services in
completing the duties relating to the batterers' treatment
programs. The district departments shall assess the fees for
participation in the program, and shall either collect or
contract for the collection of the fees to recoup the costs of
treatment, but may waive the fee or collect a lesser amount
upon a showing of cause. The fees shall be used by each of
the district departments or contract service providers for the
establishment, administration, coordination, and provision of
direct services of the batterers' treatment programs.
4. District departments or contract service providers shall
receive upon request peace officers' investigative reports
regarding persons participating in programs under this section.
The receipt of reports under this section shall not waive the
confidentiality of the reports under section 22.7.
Sec. 116. Section 805.8B, subsection 3, paragraph h, Code
2018, is amended to read as follows:
h. For violations of section 481A.48 relating to
restrictions on game birds and animals, the scheduled fines are
as follows:
(1) Out=of=season For out=of=season, the scheduled fine is
one hundred dollars.
(2) Over For over limit, the scheduled fine is one hundred
dollars.
(3) Attempt For attempt to take, the scheduled fine is fifty
dollars.
(4) General For general waterfowl restrictions, the
scheduled fine is fifty dollars.
(a) No For no federal stamp, the scheduled fine is fifty
dollars.
(b) Unplugged For unplugged shotgun, the scheduled fine is
ten dollars.
(c) Possession For possession of other than steel shot, the
scheduled fine is twenty=five dollars.
(d) Early For early or late shooting, the scheduled fine is
twenty=five dollars.
(5) Possession For possession of a prohibited pistol or
revolver while hunting deer, the scheduled fine is one hundred
dollars.
(6) Possession For possession of a prohibited rifle while
hunting deer, the scheduled fine is two hundred fifty dollars.
Sec. 117. Section 904.319, Code 2018, is amended to read as
follows:
904.319 Temporary quarters in emergency.
If the buildings at any institution under the management of
the director are destroyed or rendered unfit for habitation
by reason of fire, storms, or other like causes, to such an
extent that the inmates cannot be confined and cared for at the
institution, the director shall make temporary provision for
the confinement and care of the inmates at some other place in
the state. Like provision may be made in case of an epidemic
among the inmates. The reasonable cost of the change including
the cost of transfer of inmates, shall be paid from any money
moneys in the state treasury not otherwise appropriated.
Sec. 118. Section 906.1, Code 2018, is amended to read as
follows:
906.1 Definition Definitions of parole and work release ==
temporary assignment to director.
1. a. Parole "Parole" is the release of a person who
has been committed to the custody of the director of the
Iowa department of corrections by reason of the person's
commission of a public offense, which release occurs prior to
the expiration of the person's term, is subject to supervision
by the district department of correctional services, and is on
conditions imposed by the district department.
b. Work release "Work release" is the release of a person,
who has been committed to the custody of the director of the
Iowa department of corrections, pursuant to sections 904.901
through 904.909.
2. A person who has been released on parole or work release
may be temporarily assigned to the supervision of the director
of the department of corrections as a result of placement in a
violator facility established pursuant to section 904.207.
DIVISION II
CORRESPONDING CHANGES
Sec. 119. Section 22.7, subsection 10, Code 2018, is amended
to read as follows:
10. A claim for compensation and reimbursement for legal
assistance and supporting documents submitted to the state
public defender for payment from the indigent defense fund
established in section 815.11, as provided in section 13B.4B
13B.4A.
Sec. 120. Section 232.68, unnumbered paragraph 1, Code
2018, is amended to read as follows:
The definitions in section 235A.13 are applicable to this
part 2 of division III. As used in sections 232.67 through
232.77 and 235A.12 through 235A.24 chapter 235A, subchapter II,
unless the context otherwise requires:
Sec. 121. Section 232.151, Code 2018, is amended to read as
follows:
232.151 Criminal penalties.
Any person who knowingly discloses, receives, or makes
use or permits the use of information derived directly or
indirectly from the records concerning a child referred to in
sections 232.147 through 232.150, except as provided by those
sections or section 13B.4B 13B.4A, subsection 2, paragraph "c",
shall be guilty of a serious misdemeanor.
Sec. 122. Section 235A.13, unnumbered paragraph 1, Code
2018, is amended to read as follows:
As used in chapter 232, division III, part 2, and sections
235A.13 to 235A.24 this subchapter, unless the context
otherwise requires:
Sec. 123. Section 331.486, Code 2018, is amended to read as
follows:
331.486 Assessment of costs of public improvements.
A county may assess to property within a county special
assessment district the cost of construction and repair of
public improvements benefiting the district and may assess to
property within a joint special assessment district the cost of
construction and repair of public improvements benefiting the
district. A county may construct and assess the cost of public
improvements within a district in the same manner as a city may
proceed under chapter 384, division subchapter IV, and chapter
384, division subchapter IV, applies to counties with respect
to public improvements, the assessment of their costs, and the
issuance of bonds for the public improvements. A county may
contract for a public improvement benefiting a district under
this part pursuant to chapter 331, division subchapter III,
part 3, of this chapter.
Sec. 124. Section 355.16, Code 2018, is amended to read as
follows:
355.16 Iowa plane coordinate system defined.
As used in this section, and sections 355.17 through 355.19
subchapter, unless the context otherwise requires, "Iowa plane
coordinate system" or "coordinate system" means the system of
plane coordinates established by the United States national
ocean survey, or the United States national geodetic survey,
or a successor agency, for defining and stating the geographic
positions or locations of points on the surface of the earth
within the state of Iowa.
Sec. 125. Section 452A.76, Code 2018, is amended to read as
follows:
452A.76 Enforcement authority.
1. Authority to enforce division subchapter III is given
to the state department of transportation. Employees of the
state department of transportation designated enforcement
employees have the power of peace officers in the performance
of their duties; however, they shall not be considered members
of the state patrol. The state department of transportation
shall furnish enforcement employees with necessary equipment
and supplies in the same manner as provided in section 80.18,
including uniforms which are distinguishable in color and
design from those of the state patrol. Enforcement employees
shall be furnished and shall conspicuously display badges of
authority.
2. Authority is given to the department of revenue, the
state department of transportation, the department of public
safety, and any peace officer as requested by such departments
to enforce the provisions of division subchapter I and this
division subchapter of this chapter. The department of
revenue shall adopt rules providing for enforcement under
division subchapter I and this division subchapter of this
chapter regarding the use of motor fuel or special fuel in
implements of husbandry. Enforcement personnel or requested
peace officers are authorized to stop a conveyance suspected
to be illegally transporting motor fuel or special fuel on
the highways, to investigate the cargo, and also have the
authority to inspect or test the fuel in the supply tank of a
conveyance to determine if legal fuel is being used to power
the conveyance. The operator of any vehicle transporting
motor fuel or special fuel shall, upon request, produce and
offer for inspection the manifest or loading and delivery
invoices pertaining to the load and trip in question and shall
permit the authority to inspect and measure the contents of
the vehicle. If the vehicle operator fails to produce the
evidence or if, when produced, the evidence fails to contain
the required information and it appears that there is an
attempt to evade payment of the fuel tax, the vehicle operator
will be subject to the penalty provisions contained in section
452A.74A.
3. For purposes of this section, "vehicle" means as defined
in section 321.1.
Sec. 126. Section 453A.13, subsection 2, paragraph a, Code
2018, is amended to read as follows:
a. The department shall issue state permits to distributors,
wholesalers, and cigarette vendors, and retailers that make
delivery sales of alternative nicotine products and vapor
products, subject to the conditions provided in this division
subchapter. If an out=of=state retailer makes delivery
sales of alternative nicotine products or vapor products, an
application shall be filed with the department and a permit
shall be issued for the out=of=state retailer's principal place
of business. Cities may issue retail permits to retailers
with a place of business located within their respective
limits. County boards of supervisors may issue retail permits
to retailers with a place of business in their respective
counties, outside of the corporate limits of cities.
DIVISION III
CODE EDITOR DIRECTIVES
Sec. 127. CODE EDITOR DIRECTIVES.
1. Section 508E.8, subsection 1, paragraph "f", Code 2018,
is amended by striking the word "recision" and inserting in
lieu thereof the word "rescission".
2. Sections 100B.21 and 135.11, Code 2018, are amended by
striking the word "firefighters" and inserting in lieu thereof
the words "fire fighters".
3. Sections 92.5, subsection 7; 160.5, subsection 2; and
298.3, subsection 1, paragraph "m", Code 2018, are amended by
striking the word "clean=up" and inserting in lieu thereof the
word "cleanup".
4. Sections 537.2202, 537.2308, and 537.2508, Code 2018,
are amended by striking the words "open end" and inserting in
lieu thereof the word "open=end".
5. Sections 537.1201, subsections 1 and 2; 537.2201,
subsection 1; 537.2504, unnumbered paragraph 1; 537.2506,
subsection 2; 537.2601, subsection 2; 537.3203, unnumbered
paragraph 1; 537.3206, subsection 3; 537.3212, subsections 1
and 3; 537.3303, subsections 1 and 2; 537.3308, subsection 2,
paragraph "b"; 537.3403, subsection 5; 537.3404, subsection 3,
paragraphs "a" and "b"; and 537.3405, subsection 3, paragraphs
"a" and "b", Code 2018, are amended by striking the words "open
end" and inserting in lieu thereof the word "open=end".
6. Sections 28M.3, 145A.20, 331.486, 331.487, 347A.3,
364.13, 384.11, 384.23, 384.31, 384.34, 384.35, 384.44, 384.67,
384.76, 384.79, 384.88, 384.90, 384.93, 392.1, 392.3, 425.16,
425.18, 425.19, 425.21, 425.22, 425.24, 425.27, 425.29, 425.30,
425.31, 425.32, 425.35, 425.36, 425.37, 425.39, 452A.1, 452A.9,
452A.50, 452A.51, 452A.55, 452A.76, 453A.9, 453A.11, 453A.12,
453A.18, 453A.28, 453A.37, 453A.47, 453A.49, 453A.50, 468.240,
468.586, 468.587, 633.246A, 633.352, 633.402, 633.700, 633.722,
and 633.751, Code 2018, are amended by striking the word
"division" and inserting in lieu thereof the word "subchapter".
7. Sections 97B.1A, subsection 8, paragraph "b",
subparagraph (2); 231E.4, subsection 6, paragraph "e"; 231E.5,
subsection 2, paragraph "h", subparagraphs (1) and (3); 231E.8,
subsection 4; 249A.3, subsection 11, paragraph "d"; 331.231,
subsection 1; 331.233, subsection 1, unnumbered paragraph
1; 331.238, subsection 2, paragraph "a", subparagraph (2);
331.382, subsection 8, paragraph "b"; 331.384, subsection
3; 331.424A, subsection 1, unnumbered paragraph 1; 331.447,
subsection 1, paragraph "a"; 331.552, subsection 21; 350.6,
subsection 4; 357A.11, subsection 9; 358.16, subsection
3; 384.13, subsection 1; 384.24, unnumbered paragraph 1;
384.25, subsection 1; 384.26, subsection 1; 384.37, unnumbered
paragraph 1; 384.37, subsection 10; 384.49, subsection 3,
paragraph "a"; 384.58, subsection 1, unnumbered paragraph 1;
384.66, subsection 4; 384.68, subsection 2; 384.68, subsection
6, paragraph "a"; 384.74, unnumbered paragraph 2; 384.75,
unnumbered paragraph 2; 384.80, unnumbered paragraph 1; 384.83,
subsection 5; 384.84, subsection 1; 386.7, subsection 6;
386.12 subsection 3; 403.12, subsection 5; 420.41, subsection
3; 423A.7, subsection 4, paragraph "d", subparagraph (1);
425.17, unnumbered paragraph 1; 425.17, subsection 2, paragraph
"a", subparagraphs (1) and (2); 425.17, subsections 4,
7, 8, 9, and 10; 425.23, unnumbered paragraph 1; 425.33,
subsection 1; 425.33, subsection 2, unnumbered paragraph 1;
425.40, subsection 2; 452A.2, unnumbered paragraph 1; 452A.2,
subsection 27; 452A.3, subsection 1, unnumbered paragraph
1; 452A.3, subsection 2; 452A.3, subsection 6, paragraph
"a", subparagraph (1); 452A.3, subsection 6, paragraph "a",
subparagraph (2), unnumbered paragraph 1; 452A.3, subsection
10, paragraph "b"; 452A.3, subsection 11; 452A.4, subsection
3, paragraph "a"; 452A.6, subsection 1, paragraph "a"; 452A.8,
subsection 1, paragraph "c"; 452A.15, subsection 1, paragraph
c; 452A.15, subsection 4; 452A.17, subsection 1, unnumbered
paragraph 1; 452A.21, subsection 1; 452A.31, unnumbered
paragraph 1; 452A.52, subsection 1; 452A.54, subsections 1,
3, and 4; 452A.57, subsections 1 and 5; 452A.58, subsections
1 and 3; 452A.65, subsection 2; 453A.6, subsection 6; 453A.8,
subsection 4; 453A.13, subsection 2, paragraph "a"; 453A.13,
subsection 3, paragraph "a"; 453A.13, subsection 10; 453A.14,
subsection 1, unnumbered paragraph 1; 453A.14, subsection 2;
453A.15, subsections 1 and 7; 453A.17, subsection 2; 453A.22,
subsections 1 and 8; 453A.23, subsections 1 and 2; 453A.24,
subsection 2; 453A.31, subsection 1, unnumbered paragraph
1; 453A.32, subsections 1 and 6; 453A.36, subsections 1 and
6; 453A.42, unnumbered paragraph 1; 453A.42, subsection 12;
453A.43, subsection 1, paragraph "d"; 453A.43, subsection 5;
453A.44, subsections 2, 3, 4, 5, 7, 10, 11, and 12; 453A.45,
subsection 1, paragraph "b"; 453A.46, subsection 5; 453A.47A,
subsection 4; 453A.47A, subsection 7, paragraph "a", unnumbered
paragraph 1; 453A.47A, subsection 11; 453A.48, subsections 1
and 2; 633.3, unnumbered paragraph 1; 633.701, subsection 1;
633.703, subsection 1; 633.713, subsection 4; and 633.720,
subsection 2, Code 2018, are amended by striking the word
"division" and inserting in lieu thereof the word "subchapter".
8. The Code editor may change chapter division designations
to subchapter designations and correct internal references as
necessary in and to the following chapters:
a. 331.
b. 384.
c. 425.
d. 452A.
e. 453A.
f. 633.
9. The Code editor may designate unnumbered chapter
headings as numbered subchapters and correct internal
references as necessary within and to the following chapters:
a. 137C.
b. 235A.
c. 235B.
d. 309.
e. 313.
f. 321A.
g. 327D.
h. 355.
i. 481A.
j. 515.
k. 614.
l. 622.
m. 636.
n. 654.
10. The Code editor may add or delete subchapters in the
following chapters:
a. 235B: After section 235B.15, add a new subchapter
entitled "Miscellaneous Provisions".
b. 515: After section 515.119, delete header entitled
"Surplus Lines Insurance".
11. The Code editor is directed to make the following
transfer:
a. Section 13B.4B to section 13B.4A.
b. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
transfer of this section.
12. The Code editor may number unnumbered paragraphs
within sections 28M.3, 43.42, 49.58, 85.32, 85.37, 135.11A,
135.69, 135.71, 161E.6, 215A.9, 249A.20, 252.22, 257.27,
257.33, 257.36, 257.48, 306.8, 313.36, 321I.23, 321J.2A,
321J.11, 327D.67, 327G.17, 347A.3, 384.74, 384.75, 421B.11,
422.30, 427B.4, 427B.21, 435.25, 441.42, 441.46, 445.16,
445.56, 446.31, 452A.55, 452A.56, 452A.61, 452A.63, 452A.67,
452A.75, 452A.77, 453A.12, 453A.28, 453B.2, 453B.3, 453B.9,
453B.11, 455B.117, 455B.276, 455B.277, 455B.281, 455B.303,
455B.362, 455E.6, 462A.20, 465C.9, 465C.13, 468.159, 478.6,
479.24, 479.41, 479.42, 479B.6, 479B.11, 479B.16, 479B.25,
479B.26, 481A.36, 483A.21, 491.13, 491.28, 491.55, 491.107,
496C.9, 496C.11, 496C.22, 499.42, 499.54, 499.65, 499A.3A,
499A.3C, 499A.19, 506.10, 507B.8, 507B.12, 508.4, 508.32,
508.32A, 508B.2, 508B.5, 508B.9, 508B.14, 514A.13, 514B.13,
514B.24, 514B.26, 514B.30, 515.71, 515B.4, 515G.5, 522B.16,
524.222, 524.535, 524.608, 524.610, 524.611, 524.703, 524.1004,
524.1006, 533D.13, 535.16, 536A.11, 542.17, 542B.20, 543B.45,
548.106, 554.10101, 554.10105, 594A.6, 594A.8, 595.4, 600.1,
600.14, 600.18, 600A.1, 600A.3, 690.5, 692.14, 692.22, 708.6,
708A.3, 709.2, 709.14, 710.2, 710.3, 710.4, 710.6, 714.12,
714.13, 718A.6, 729A.5, 804.10, 804.23, 808.6, 820.5, 820.12,
820.25, 822.6, 904.311, 904.514, 906.14, 906.15, 907.2, 908.10,
908.10A, 909.6, 909.7, and 910.9, Code 2018, in accordance with
established section hierarchy and correct internal references
in the Code and in any enacted Iowa Acts, as necessary.
13. The Code editor may number unnumbered paragraphs within
section 96.7, subsection 2, paragraphs "e" and "f", Code 2018,
in accordance with established section hierarchy and correct
internal references in the Code and in any enacted Iowa Acts,
as necessary.
LINDA UPMEYER
CHARLES SCHNEIDE
CARMINE BOAL
KIM REYNOLDS
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