Bill Text: IA HF2536 | 2019-2020 | 88th General Assembly | Amended

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

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Bill Title: A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective date and retroactive applicability provisions. (Formerly HSB 692.) Effective date: 06/17/2020, 07/01/2020. Applicability date: 07/01/2019.

Spectrum: Committee Bill

Status: (Passed) 2020-06-17 - Signed by Governor. H.J. 791. [HF2536 Detail]

Download: Iowa-2019-HF2536-Amended.html

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House File 2536 - Reprinted
HOUSE FILE 2536
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 692)
(As Amended and Passed by the House March 4, 2020 )
A BILL FOR
An Act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and
including effective date and retroactive applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 6B.32, Code 2020, is amended to read as
follows:
6B.32 Removal of condemner.
The sheriff, upon being furnished with a copy of the
assessment as determined on appeal, certified to by the clerk
of the district court, may remove from said premises the
condemner and all persons acting for or under the condemner,
unless the amount of the assessment is forthwith paid or
deposited as hereinbefore provided in sections 6B.25 through
6B.31 .
Sec. 2. Section 8.2, subsection 5, Code 2020, is amended to
read as follows:
5. The terms “department and establishment” and “department”
or “establishment” , mean any executive department, commission,
board, institution, bureau, office, or other agency of the
state government, by whatever name called, that uses, expends,
or receives any state funds, including the state department of
transportation, except for funds which are required to match
federal aid allotted to the state by the federal government for
highway special purposes, and except but excluding the courts ,
by whatever name called, other than and the legislature , that
uses, expends or receives any state funds .
Sec. 3. Section 8.35, Code 2020, is amended to read as
follows:
8.35 General supervisory control.
The governor and the director of the department of
management and any officer of the department of management,
hereinabove provided for, when authorized by the governor,
are hereby authorized to make such inquiries regarding the
receipts, custody , and application of state funds, existing
organization, activities , and methods of business of the
departments and establishments, assignments of particular
activities to particular services and regrouping of such
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services, as in the opinion of the governor, will enable the
governor to make recommendations to the legislature, and,
within the scope of the powers possessed by the governor, to
order action to be taken, having for their purpose to bring
about increased economy and efficiency in the conduct of the
affairs of government.
Sec. 4. Section 8D.3, subsection 3, paragraph e,
subparagraph (3), Code 2020, is amended by striking the
subparagraph.
Sec. 5. Section 8D.13, subsection 13, Code 2020, is amended
by striking the subsection.
Sec. 6. Section 9H.1, subsection 23, Code 2020, is amended
to read as follows:
23. “Testamentary trust” means a trust created by devising
or bequeathing property in trust in a will as such terms are
used in the Iowa probate trust code as provided in chapter
633A . Testamentary trust includes a revocable trust that has
not been revoked prior to the grantor’s death.
Sec. 7. Section 10.2, unnumbered paragraph 1, Code 2020, is
amended to read as follows:
As used in this chapter , all of the following apply:
Sec. 8. Section 12.20, Code 2020, is amended to read as
follows:
12.20 Issuance of new check.
Upon presentation of any check voided as above provided in
section 12.19 by the holder thereof of the check after said the
six months’ six-months’ period, the state treasurer is hereby
authorized to issue to said holder, a new check for the amount
of the original check to the holder .
Sec. 9. Section 12.30, subsection 1, paragraph a, Code 2020,
is amended to read as follows:
a. “Authority” means a department, or public or quasi-public
instrumentality of the state including but not limited to the
authority created under chapter 12E , 16 , 257C , or 261A , which
has the power to issue obligations, except that “authority”
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does not include the state board of regents or the Iowa finance
authority to the extent it the Iowa finance authority acts
pursuant to chapter 260C . “Authority” also includes a port
authority created under chapter 28J .
Sec. 10. Section 16.2, subsection 1, Code 2020, is amended
to read as follows:
1. An Iowa finance authority board of directors is
created. The powers of the authority are vested in and shall
be exercised by the board. The authority includes nine voting
members appointed by the governor subject to confirmation by
the senate. The authority also includes one ex officio voting
member who must be designated by the agricultural development
board created in section 16.2C and be a member of that board.
a. Not more than five members shall belong to the same
political party.
b. As far as possible, when appointing members the governor
shall include within the membership persons who represent
community and housing development industries, housing finance
industries, the real estate sales industry, elderly families,
minorities, lower income families, very low income families,
families which include persons with disabilities, average
taxpayers, local government, business interests, and any other
person specially interested in community housing, finance, or
small business.
Sec. 11. Section 16.47, subsection 1, Code 2020, is amended
to read as follows:
1. A home and community-based services revolving loan
program fund is created within the authority to further the
goals specified in section 231.3 , adult day services, case
management services, options counseling, family caregiving,
homemaker services, respite services, congregate and home
delivered meals, health and wellness, health screening,
and nutritional assessments. The moneys in the home and
community-based services revolving loan program fund shall be
used by the authority for the development and operation of a
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revolving loan program to develop and expand facilities and
infrastructure that provide adult day services, case management
services, options counseling, family caregiving, homemaker
services, respite services, congregate and home delivered
meals, and programming space for health and wellness, health
screening, and nutritional assessments that address the needs
of persons with low incomes.
Sec. 12. Section 24.4, Code 2020, is amended to read as
follows:
24.4 Time of filing estimates.
All such The estimates required under section 24.3 and any
other estimates required by law shall be made and filed a
sufficient length of time in advance of any regular or special
meeting of the certifying board or levying board, as the case
may be, at which tax levies are authorized to be made to permit
publication, discussion, and consideration thereof and action
thereon as hereinafter provided.
Sec. 13. Section 24.5, Code 2020, is amended to read as
follows:
24.5 Estimates itemized.
The estimates herein required under this chapter shall be
fully itemized and classified so as to show each particular
class of proposed expenditure, showing under separate heads the
amount required in such manner and form as shall be prescribed
by the state board.
Sec. 14. Section 29A.1, unnumbered paragraph 1, Code 2020,
is amended to read as follows:
The following words, terms, and phrases when used in this
chapter shall have the respective meanings herein set forth in
this section :
Sec. 15. Section 29A.1, subsection 14, Code 2020, is amended
to read as follows:
14. Except when otherwise expressly defined herein in this
section, military words, terms , and phrases shall have the
meaning commonly ascribed to them in the military profession.
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Sec. 16. Section 29A.4, Code 2020, is amended to read as
follows:
29A.4 Organization —— armament —— equipment and discipline.
The organization, armament, equipment and discipline of
the national guard, and the militia when called into state
active duty, except as hereinafter specifically provided in
this chapter , shall be the same as that which is now or may
be hereafter prescribed under the provisions of federal law
and regulations as to those requirements which are mandatory
therein under federal law and regulation , but as to those
things which are optional therein under federal law and
regulation they shall become effective when an order or
regulation to that effect shall have been is promulgated by the
governor.
Sec. 17. Section 29A.20, Code 2020, is amended to read as
follows:
29A.20 Officers.
Officers of the national guard shall be selected from the
classes of persons having the qualifications prescribed by
federal law and regulations. They shall be appointed by the
governor upon the recommendation of their superiors in the
chain of command, provided that they shall have successfully
passed such tests as to physical, moral, and professional
fitness, as shall be prescribed by law and regulations. Each
officer shall take an oath of office and shall hold office
until the officer shall have attained the maximum age of
retirement that is prescribed by federal law or regulations
pertaining to officers of the armed forces of the United
States, unless the officer’s commission or warrant is sooner
vacated by resignation, death , or as hereinafter provided in
this chapter . In case the officer has no immediate superiors,
within the state, in the chain of command, the officer shall
be appointed, as above provided in this section , upon the
recommendation of the adjutant general. A commission shall
designate the arm or branch of service in which the officer
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is commissioned. Provided, however, that no person shall be
appointed a commissioned or warrant officer who has not reached
the person’s eighteenth birthday at or prior to the time of
such appointment.
Sec. 18. Section 29A.74, subsection 2, Code 2020, is amended
to read as follows:
2. Except as otherwise provided in this chapter no , a report
or listing , either official or otherwise, of “missing” or
“missing in action” shall not constitute or be interpreted as
constituting actual knowledge or actual notice of the death of
such principal or notice of any facts indicating the same, or
shall operate to revoke the agency.
Sec. 19. Section 29B.119, subsection 1, Code 2020, is
amended to read as follows:
1. Whenever complaint is made to any commanding officer that
willful damage has been done to the property of any person or
that the person’s property has been wrongfully taken by members
of the state military forces, the person may, subject to such
regulations as the adjutant general may prescribe, convene a
board to investigate the complaint. The board shall consist of
from one to three commissioned officers and, for the purpose
of that investigation, it has power to summon witnesses and
examine them upon oath or affirmation, to receive depositions
or other documentary evidence, and to assess the damages
sustained against the responsible parties. The assessment of
damages made by the board is subject to the approval of the
commanding officer, and in the amount approved shall be charged
against the pay of the offenders. The order of the commanding
officer directing charges herein authorized in this section
is conclusive, except as provided herein in this chapter , on
any disbursement officer for the payment by the officer to the
injured parties of the damages so assessed and approved.
Sec. 20. Section 29C.24, subsection 6, Code 2020, is amended
to read as follows:
6. Powers and duties not created. This Act section shall
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not be construed to place any new mandates or duties upon
a local emergency management commission or create any new
authority or power for a local emergency management commission
not already expressly granted in another provision of this
chapter .
Sec. 21. Section 39.25, Code 2020, is amended to read as
follows:
39.25 Sex no Gender not a disqualification.
No A person shall not be disqualified on account of sex the
person’s gender from holding any office created by the statutes
of this state.
Sec. 22. Section 43.77, subsection 1, Code 2020, is amended
to read as follows:
1. No Either no person filed under section 43.11 as a
candidate for the party’s nomination for that office in the
primary election, or all persons who filed under section 43.11
as candidates for the party’s nomination for that office in
the primary election subsequently withdrew as candidates, were
found to lack the requisite qualifications for the office , or
died before the date of the primary election, and no candidate
received a sufficient number of write-in votes to be nominated.
Sec. 23. Section 43.103, Code 2020, is amended to read as
follows:
43.103 Duty of county commissioner.
The commissioner, in case the district delegates for the
commissioner’s county have not been selected, shall deliver a
copy of said the call of the state party chairperson to the
chairperson of the convention which selects said delegates.
Sec. 24. Section 43.112, Code 2020, is amended to read as
follows:
43.112 Nominations in certain cities.
1. This chapter shall, so far as applicable, govern the
nominations of candidates by political parties for all offices
to be filled by a direct vote of the people in cities acting
under a special charter in 1973 and having a population of
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over fifty thousand, except all such cities as choose by
special election to conduct nonpartisan city elections under
the provisions of chapter 44 , 45 , or 376 . An election on the
question of conducting city elections in such a special charter
city on a nonpartisan basis may be called by the city council
on its own initiative, and shall be called by the council upon
receipt of a petition of the voters which so requests and
is presented in conformity with section 362.4 , but a special
election on that question shall be held concurrently with any
election being held on the first Tuesday after the first Monday
in November of any odd-numbered year.
2. Sections 43.114 to through 43.118 shall apply only
to cities to which this chapter is made applicable by this
section .
Sec. 25. Section 43.116, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. No Either no person filed at the time required by section
43.115 as a candidate for the party’s nomination for that
office in the city primary election held under section 43.112 ,
or all persons who did so subsequently withdrew as candidates,
were found to lack the requisite requirements for the office ,
or died before the date of the city primary election, and no
candidate received a number of write-in votes sufficient for
nomination under section 43.53 ; or
Sec. 26. Section 44.13, Code 2020, is amended to read as
follows:
44.13 Certificates in matter of vacancies.
The certificates of nominations made to supply fill such
vacancies shall state, in addition to the facts and candidate’s
affidavit required in an original certificate, the name of
the original nominee, the date of death or declination of
nomination, or the fact that the former nomination has been
held insufficient or inoperative, and the measures taken in
accordance with the above requirements for filling a vacancy,
and shall be signed and sworn to by the presiding officer and
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secretary of the convention, or caucus, or by the chairperson
and secretary of the committee, as the case may be.
Sec. 27. Section 46.2A, subsection 3, Code 2020, is amended
to read as follows:
3. The terms of any commissioner currently serving on May
8, 2019, on the state judicial nominating commission or any
commissioner already elected to begin serving on July 1, 2019,
shall not be affected by 2019 Iowa Acts, ch. 89.
Sec. 28. Section 46.2A, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. This section is repealed July 1, 2024.
Sec. 29. Section 46.5, subsection 5, Code 2020, is amended
to read as follows:
5. Notwithstanding section 69.1A , appointed and elected
commissioners on the state and district judicial nominating
commissions shall not hold over until their successor is
appointed or elected and qualified.
Sec. 30. Section 49.31, subsection 1, paragraph b, Code
2020, is amended to read as follows:
b. (1) The commissioner shall determine the order of
candidates on the ballot as provided in this paragraph. The
order shall be the same for each office on the ballot and for
each precinct in the county voting in the election.
(2) The state commissioner shall compile a list of each
county in the state in alphabetical order and assign a number
to each county such that the first county listed is number
one, the second county listed is number two, and continuing
in descending order in the same manner. The commissioner
shall put in alphabetical order the top two political parties
receiving the highest votes from the most recent election.
(3) The commissioner of each county assigned an even number
pursuant to subparagraph (2) shall arrange the ballot as
follows:
(a) The candidates of the first political party by
alphabetical order pursuant to subparagraph (2) shall appear
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first on the ballot for the first general election at which
the president of the United States is to be elected following
July 1, 2019, and second on the ballot for the first general
election at which the governor will be elected following July
1, 2019, and second on the ballot for the second general
election at which the president of the United States is to be
elected following July 1, 2019, and first on the ballot for the
second general election at which the governor will be elected
following July 1, 2019, and thereafter alternating with the
candidates of the second political party by alphabetical order
pursuant to subparagraph (2).
(b) The candidates of the second political party by
alphabetical order pursuant to subparagraph (2) shall appear
second on the ballot for the first general election at which
the president of the United States is to be elected following
July 1, 2019, and first on the ballot for the first general
election at which the governor will be elected following
July 1, 2019, and first on the ballot for the second general
election at which the president of the United States is to
be elected following July 1, 2019, and second on the ballot
for the second general election at which the governor will be
elected following July 1, 2019, and thereafter alternating with
the candidates of the first political party by alphabetical
order pursuant to subparagraph (2).
(4) The commissioner of each county assigned an odd number
pursuant to subparagraph (2) shall arrange the ballot as
follows:
(a) The candidates of the second political party by
alphabetical order pursuant to subparagraph (2) shall appear
first on the ballot for the first general election at which
the president of the United States is to be elected following
July 1, 2019, and second on the ballot for the first general
election at which the governor will be elected following July
1, 2019, and second on the ballot for the second general
election at which the president of the United States is to be
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elected following July 1, 2019, and first on the ballot for the
second general election at which the governor will be elected
following July 1, 2019, and thereafter alternating with the
candidates of the first political party by alphabetical order
pursuant to subparagraph (2).
(b) The candidates of the first political party by
alphabetical order pursuant to subparagraph (2) shall appear
second on the ballot for the first general election at which
the president of the United States is to be elected following
July 1, 2019, and first on the ballot for the first general
election at which the governor will be elected following
July 1, 2019, and first on the ballot for the second general
election at which the president of the United States is to
be elected following July 1, 2019, and second on the ballot
for the second general election at which the governor will be
elected following July 1, 2019, and thereafter alternating with
the candidates of the second political party by alphabetical
order pursuant to subparagraph (2).
(c) (5) The commissioner shall determine the order of
candidates of nonparty political organizations on the ballot.
The order shall be the same for each office on the ballot and
for each precinct in the county voting in the election.
Sec. 31. Section 49.38, Code 2020, is amended to read as
follows:
49.38 Candidate’s name to appear but once.
The name of a candidate shall not appear upon the ballot in
more than one place for the same office, whether nominated by
convention, primary, caucus, or petition, except as hereinafter
otherwise provided in this chapter .
Sec. 32. Section 49.49, Code 2020, is amended to read as
follows:
49.49 Certain sample ballots prohibited.
The commissioner and state commissioner of elections shall
not distribute or authorize the distribution of sample ballots
to voters other than as provided in sections 43.30, 49.53 , and
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52.29 .
Sec. 33. Section 49.58, subsection 2, Code 2020, is amended
to read as follows:
2. Each candidate for that office whose name appeared
on the general election ballot shall also be a candidate for
the office in the special election, except that the deceased
candidate’s political party may designate another candidate in
substantially the manner provided by section 43.78 for filling
vacancies on the general election ballot. However, a political
party which did not have a candidate on the general election
ballot for the office in question may similarly designate a
candidate for that office in the special election. The name
of any replacement or additional candidate so designated shall
be submitted in writing to the state commissioner, or the
commissioner in the case of a candidate for county supervisor,
not later than 5:00 p.m. on the first Tuesday after the date of
the general election. The name of a any other candidate that
did not appear on the general election ballot as a candidate
for the office in question shall not be placed on the ballot
for the special election, in any manner. The special election
shall be held and canvassed in the manner prescribed by law for
the general election.
Sec. 34. Section 49A.10, subsection 1, Code 2020, is amended
to read as follows:
1. Whenever an amendment to the Constitution of the State of
Iowa shall have been is proposed and agreed to by the general
assembly and shall have been is agreed to by the succeeding
general assembly, any taxpayer may file suit in equity in
the district court at the seat of government of the state,
challenging the validity, legality, or constitutionality of
such the amendment , and in such . In the suit , the district
court shall have jurisdiction to determine the validity,
legality, or constitutionality of said the amendment and enter
its decree accordingly , and . The court may grant a writ of
injunction enjoining the governor and state commissioner of
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elections from submitting such the constitutional amendment to
the electorate, if the proposed constitutional amendment shall
have been is found to be invalid, illegal, or unconstitutional.
Sec. 35. Section 49A.11, Code 2020, is amended to read as
follows:
49A.11 Parties.
In such a suit under section 49A.10, the taxpayer shall be
plaintiff and the governor and state commissioner of elections
shall be defendants. Any taxpayer may intervene, either as
party plaintiff or defendant.
Sec. 36. Section 50.8, Code 2020, is amended to read as
follows:
50.8 Error on state or district office —— tie vote.
If the error be is in relation to a district or state office,
it the error shall be certified with the number of the excess
to the state commissioner. If the error affects the result
of the election, the canvass shall be suspended and a new
vote ordered in the precinct where the error occurred. When
there is a tie vote due to such an excess, there shall be a
new election. No A person who was not a registered voter in
that precinct at the time of the general election shall not be
allowed to vote at such the special election. When the new
vote is taken and returned, the canvass shall be completed.
Sec. 37. Section 69.2, subsection 1, paragraph h, Code 2020,
is amended to read as follows:
h. The incumbent simultaneously holding more than one
elective office at the same level of government. This
subsection paragraph does not apply to the county agricultural
extension council or the soil and water conservation district
commission.
Sec. 38. Section 69.16, subsection 1, Code 2020, is amended
to read as follows:
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 A person
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shall not 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.
Sec. 39. Section 76.1, subsection 1, Code 2020, is amended
to read as follows:
1. Hereafter issues Issues of bonds of every kind and
character by counties, cities, and school corporations shall be
consecutively numbered.
Sec. 40. Section 84A.1B, subsection 14, paragraph a, Code
2020, is amended to read as follows:
a. An entry-level hourly wage of not less than fourteen
dollars.
Sec. 41. Section 84A.2, subsection 1, paragraph b, Code
2020, is amended to read as follows:
b. If a local workforce development area includes more
than one unit of general local government, the individuals
designated under the agreement described in section 84A.4,
subsection 2 , paragraph “h” “g” , subparagraph (2).
Sec. 42. Section 85.22, subsection 5, Code 2020, is amended
to read as follows:
5. For subrogation purposes hereunder , any payment made
unto an injured employee, the employee’s guardian, parent,
next friend, or legal representative, by or on behalf of any
third party, or the third party’s principal or agent liable
for, connected with, or involved in causing an injury to
such employee shall be considered as having been so paid as
damages resulting from and because said injury was caused under
circumstances creating a legal liability against said third
party, whether such payment be made under a covenant not to
sue, compromise settlement, denial of liability or otherwise.
Sec. 43. Section 85.42, subsection 1, paragraph a, Code
2020, is amended to read as follows:
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a. When it is shown that at the time of the injury the
surviving spouse had willfully deserted the deceased without
fault of the deceased, then such survivor the surviving spouse
shall not be considered as dependent in any degree.
Sec. 44. Section 85A.5, Code 2020, is amended to read as
follows:
85A.5 Compensation payable.
1. All employees subject to the provisions of this
chapter who shall become disabled from injurious exposure
to an occupational disease herein designated and defined in
this chapter and within the conditions, limitations , and
requirements provided herein in this chapter , shall receive
compensation, reasonable surgical, medical, osteopathic,
chiropractic, physical rehabilitation, nursing , and hospital
services and supplies therefor, and burial expenses as provided
in the workers’ compensation law of Iowa except as otherwise
provided in this chapter .
2. If, however, an employee incurs an occupational
disease for which the employee would be entitled to receive
compensation if the employee were disabled as provided herein
in this chapter , but is able to continue in employment and
requires medical treatment for said disease, then the employee
shall receive reasonable medical services therefor.
Sec. 45. Section 85A.6, Code 2020, is amended to read as
follows:
85A.6 Dependents —— defined.
Dependents of a deceased employee whose death has been
caused by an occupational disease as herein defined in this
chapter and under the provisions, conditions , and limitations
of this chapter shall be those persons defined as dependents
under the workers’ compensation law of Iowa and such dependents
shall receive compensation benefits as provided by said law.
Sec. 46. Section 85A.16, Code 2020, is amended to read as
follows:
85A.16 Reference to compensation law.
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The provisions of the workers’ compensation law, so far as
applicable, and not inconsistent herewith with this chapter ,
shall apply in cases of compensable occupational diseases as
specified and defined herein in this chapter .
Sec. 47. Section 85A.18, Code 2020, is amended to read as
follows:
85A.18 Notice of disability or death —— filing of claims.
Except as herein otherwise provided in this chapter ,
procedure with respect to notice of disability or death, as
to the filing of claims and determination of claims shall be
the same as in cases of injury or death arising out of and
in the course of employment under the workers’ compensation
law. Written notice shall be given to the employer of an
occupational disease by the employee within ninety days after
the first distinct manifestation thereof, and in the case of
death from such an occupational disease, written notice of such
claim shall also be given to the employer within ninety days
thereafter.
Sec. 48. Section 96.7, subsection 2, paragraph d,
subparagraph (1), Code 2020, is amended to read as follows:
(1) The current reserve fund ratio is computed by dividing
the total funds available for payment of benefits, on the
computation date or on August 15 following the computation
date if the total funds available for payment of benefits
is a higher amount on August 15, by the total wages paid in
covered employment excluding reimbursable employment wages
during the first four calendar quarters of the five calendar
quarters immediately preceding the computation date. However,
in computing the current reserve fund ratio, beginning July
1, 2007, one hundred fifty million dollars shall be added to
the total funds available for payment of benefits on each
subsequent computation date.
Sec. 49. Section 97B.7A, subsection 5, Code 2020, is amended
to read as follows:
5. Travel. In the administration of the investment of
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moneys in the retirement fund, employees of the system and
members of the board may travel outside the state for the
purpose of meeting with investment firms and consultants and
attending conferences and meetings to fulfill their fiduciary
responsibilities. This travel is not subject to section
8A.512, subsection 2 .
Sec. 50. Section 99D.7, subsection 23, Code 2020, is amended
to read as follows:
23. To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11 , from an internet fantasy sports contest as
defined in section 99E.1 , from advance deposit sports wagering
as defined in section 99F.9 , and from the wagering area of
a racetrack enclosure , and from the gaming floor , and from
the sports wagering area, as defined in section 99F.1 , of all
other licensed facilities under this chapter and chapter 99F
as provided in this subsection . The process shall provide
that an initial request by a person to be voluntarily excluded
shall be for a period of five years or life and any subsequent
request following any five-year period shall be for a period of
five years or life. The process established shall require that
licensees be provided electronic access to names and social
security numbers of persons voluntarily excluded through a
secured interactive internet site maintained by the commission
and information regarding persons voluntarily excluded shall
be disseminated to all licensees under this chapter , chapter
99E , and chapter 99F . The names, social security numbers, and
information regarding persons voluntarily excluded shall be
kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health on gambling treatment
options. The state and any licensee under this chapter ,
chapter 99E , or chapter 99F shall not be liable to any person
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for any claim which may arise from this process. In addition
to any other penalty provided by law, any money or thing of
value that has been obtained by, or is owed to, a voluntarily
excluded person as a result of wagers made by the person after
the person has been voluntarily excluded shall be forfeited by
the person and shall be credited to the general fund of the
state.
Sec. 51. Section 99F.1, subsection 14, Code 2020, is amended
to read as follows:
14. “Gambling game” means any game of chance authorized by
the commission. However, for racetrack enclosures, “gambling
game” does not include table games of chance or video machines
which simulate table games of chance, unless otherwise
authorized by this chapter . “Gambling game” does not include
sports betting wagering .
Sec. 52. Section 99F.10, subsection 4, paragraph a, Code
2020, is amended to read as follows:
a. In determining the license fees and state regulatory
fees to be charged as provided under section 99F.4 and this
section , the commission shall use as the basis for determining
the amount of revenue to be raised from the license fees and
regulatory fees the amount appropriated to the commission plus
the following as applicable:
(1) Prior to July 1, 2016, the cost of salaries for no more
than two special agents for each excursion gambling boat or
gambling structure and no more than four gaming enforcement
officers for each excursion gambling boat or gambling structure
with a patron capacity of less than two thousand persons or no
more than five gaming enforcement officers for each excursion
gambling boat or gambling structure with a patron capacity of
at least two thousand persons, plus any direct and indirect
support costs for the agents and officers, for the division of
criminal investigation’s excursion gambling boat or gambling
structure activities. However, the division of criminal
investigation may add one additional special agent to the
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number of special agents specified in this subparagraph for
each excursion gambling boat or gambling structure if at least
two gaming enforcement officer full-time equivalent positions
are vacant. Otherwise, the division of criminal investigation
shall not fill vacant gaming enforcement officer positions.
(2) On or after July 1, 2016, the cost of salaries for no
more than three special agents for each excursion gambling
boat or gambling structure, plus any direct and indirect
support costs for the agents, for the division of criminal
investigation’s excursion gambling boat or gambling structure
activities.
Sec. 53. Section 123.36, subsection 5, paragraph c, Code
2020, is amended to read as follows:
c. For air common carriers, each company shall pay a base an
annual fee of five hundred dollars.
Sec. 54. Section 123.45, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. Directly or indirectly supply, furnish, give, or pay for
any furnishings, fixtures, or equipment used in the storage,
handling, serving, or dispensing of alcoholic beverages , wine,
beer, or food within the place of business of a licensee or
permittee authorized under this chapter to sell at retail.
Sec. 55. Section 123.45, subsection 3, Code 2020, is amended
to read as follows:
3. However, a A person engaged in the wholesaling of
beer or wine may sell only disposable glassware, which is
constructed of paper, paper laminated, or plastic materials and
designed primarily for personal consumption on a one-time usage
basis, to retailers for use within the premises of licensed
establishments, for an amount which is greater than or equal
to an amount which represents the greater of either the amount
paid for the disposable glassware by the supplier or the amount
paid for the disposable glassware by the wholesaler. Also, a
person engaged in the business of manufacturing beer may sell
beer at retail for consumption on or off the premises of the
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manufacturing facility and, notwithstanding any other provision
of this chapter or the fact that a person is the holder of a
class “A” beer permit, may be granted not more than one class
“B” beer permit as defined in section 123.124 for that purpose
regardless of whether that person is also a manufacturer
of native distilled spirits pursuant to a class “A” native
distilled spirits license or a manufacturer of native wine
pursuant to a class “A” wine permit.
Sec. 56. Section 123.90, Code 2020, is amended to read as
follows:
123.90 Penalties generally.
Unless other penalties are herein provided in this chapter ,
any person, except a person under legal age, who violates
any of the provisions of this chapter , or who makes a false
statement concerning any material fact in submitting an
application for a permit or license, shall be guilty of a
serious misdemeanor. Any person under legal age who violates
any of the provisions of this chapter shall upon conviction be
guilty of a simple misdemeanor.
Sec. 57. Section 123.188, subsection 1, Code 2020, is
amended to read as follows:
1. A person desiring to deliver wine subject to direct
shipment within this state pursuant to section 123.187 shall
submit an application for a wine carrier permit electronically,
or in a manner prescribed by the administrator, and which shall
be accompanied by a fee in the amount of one hundred dollars.
Sec. 58. Section 124.201, subsection 2, Code 2020, is
amended to read as follows:
2. After considering the above factors described in
subsection 1 , the board shall make a recommendation to the
general assembly, specifying the change which should be made in
existing schedules, if it finds that the potential for abuse or
lack thereof of the substance is not properly reflected by the
existing schedules.
Sec. 59. Section 135.42, Code 2020, is amended to read as
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follows:
135.42 Unlawful use.
All information, interviews, reports, statements, memoranda,
or other data furnished in accordance with this subchapter and
any findings or conclusions resulting from such studies shall
not be used or offered or received in evidence in any legal
proceedings of any kind or character, but nothing contained
herein in this subchapter shall be construed as affecting the
admissibility as evidence of the primary medical or hospital
records pertaining to the patient or of any other writing,
record or reproduction thereof not contemplated by this
subchapter .
Sec. 60. Section 135.74, subsection 1, Code 2020, is amended
to read as follows:
1. The department, after study and in consultation with
any advisory committees which may be established pursuant to
law, shall promulgate by rule pursuant to chapter 17A uniform
methods of financial reporting, including such allocation
methods as may be prescribed, by which hospitals and health
care facilities shall respectively record their revenues,
expenses, other income, other outlays, assets and liabilities,
and units of service, according to functional activity center.
These uniform methods of financial reporting shall not preclude
a hospital or health care facility from using any accounting
methods for its own purposes provided these accounting methods
can be reconciled to the uniform methods of financial reporting
prescribed by the department and can be audited for validity
and completeness. Each hospital and each health care facility
shall adopt the appropriate system for its fiscal year,
effective upon such date as the department shall direct. In
determining the effective date for reporting requirements, the
department shall consider both the immediate need for uniform
reporting of information to effectuate the purposes of this
subchapter and the administrative and economic difficulties
which hospitals and health care facilities may encounter in
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complying with the uniform financial reporting requirement, but
the effective date shall not be later than January 1, 1980.
Sec. 61. Section 144A.7, subsection 1, paragraph b, Code
2020, is amended to read as follows:
b. The guardian of the person of the patient if one has been
appointed, provided court approval is obtained in accordance
with section 232D.401, subsection 4, paragraph “a” , or section
633.635, subsection 3 , paragraph “b” , subparagraph (1). This
paragraph does not require the appointment of a guardian in
order for a treatment decision to be made under this section .
Sec. 62. Section 144F.1, subsection 6, Code 2020, is amended
to read as follows:
6. “Legal representative” means, in order of priority,
an attorney in fact under a durable power of attorney for
health care pursuant to chapter 144B or, if no durable power
of attorney for health care has been executed pursuant to
chapter 144B or if the attorney in fact is unavailable, a legal
guardian appointed pursuant to chapter 232D or 633 .
Sec. 63. Section 144F.6, Code 2020, is amended to read as
follows:
144F.6 Construction of chapter relative to other health care
directives.
Nothing in this chapter shall be construed to interfere with
the authority or responsibilities of an agent operating under
a valid durable power of attorney for health care pursuant to
chapter 144B or of the powers and duties granted to a guardian
pursuant to section 232D.401 or 633.635 .
Sec. 64. Section 152.2, Code 2020, is amended to read as
follows:
152.2 Executive director.
The board shall retain a full-time executive director, who
shall be appointed pursuant to section 135B.11 135.11B . The
executive director shall be a registered nurse. The governor,
with the approval of the executive council pursuant to section
8A.413, subsection 3 , under the pay plan for exempt positions
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in the executive branch of government, shall set the salary of
the executive director.
Sec. 65. Section 153.33B, unnumbered paragraph 1, Code
2020, is amended to read as follows:
The board shall appoint a A full-time executive director
shall be appointed as provided under section 135.11B . The
executive director shall not be a member of the board. The
duties of the executive director shall be the following:
Sec. 66. Section 159.23, Code 2020, is amended to read as
follows:
159.23 Special fund.
All fees collected as a result of the inspection and grading
provisions set out herein in this chapter shall be paid into
the state treasury, there to be set aside in a separate fund
which is hereby appropriated for the use of the department
except as indicated. Withdrawals therefrom from the fund
shall be by warrant of the director of the department of
administrative services upon requisition by the secretary
of agriculture. Such The fund shall be continued from year
to year, provided, however, that if there be any balance
remaining at the end of the biennium which, in the opinion of
the governor, director of the department of management, and
secretary of agriculture, is greater than necessary for the
proper administration of the inspection and grading program
referred to herein in this section , the treasurer of state is
hereby authorized on the recommendation and with the approval
of the governor, director of the department of management,
and secretary of agriculture to transfer to the general fund
of the state that portion of such account as they shall deem
advisable.
Sec. 67. Section 163.51, subsection 1, paragraph a,
subparagraph (3), Code 2020, is amended to read as follows:
(3) The compelling of a person who is the owner or custodian
of the animal to provide information regarding the movement
or relocation of the animal or the vaccination status of the
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animal or the herd where the animal originates. The department
may issue a subpoena for relevant testimony or records as
defined in section 516E.1 523C.1 . In the case of a failure
or refusal of the person to provide testimony or records,
the district court upon application of the department or the
attorney general acting upon behalf of the department, may
order the person to show cause why the person should not be
held in contempt. The court may order the person to provide
testimony or produce the record or be punished for contempt as
if the person refused to testify before the court or disobeyed
a subpoena issued by the court.
Sec. 68. Section 176A.4, Code 2020, is amended to read as
follows:
176A.4 Establishment —— body corporate —— county agricultural
extension districts.
1. Each county, except Pottawattamie, is constituted and
established as a “county agricultural extension district”
and shall be a public body corporate organized in accordance
with the provisions of this chapter for the purposes, with the
powers and subject to the restrictions hereinafter set forth in
this chapter .
2. Pottawattamie county shall be divided into and
constitute two districts with one as follows:
a. A district to be known as “East Pottawattamie” which
shall include the following townships: Pleasant, Layton, Knox,
James, Valley, Lincoln, Washington, Belknap, Center, Wright,
Carson, Macedonia, Grove, Waveland ; and the other .
b. A district to be known as “West Pottawattamie” which
shall include the following townships: Rockford, Boomer,
Neola, Minden, Hazel Dell, York, Crescent, Norwalk, Lake,
Garner, Hardin, Kane, Lewis, Keg Creek, Silver Creek.
Sec. 69. Section 176A.8, subsections 3, 6, 7, 10, and 11,
Code 2020, are amended to read as follows:
3. a. To and shall , at least ninety days prior to the
date fixed for the election of council members, appoint a
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nominating committee consisting of four persons who are not
council members and designate the chairperson. The membership
of the nominating committee shall be gender balanced. The
nominating committee shall consider the geographic distribution
of potential nominees in nominating one or more resident
registered voters of the extension district as candidates for
election to each office to be filled at the election. To
qualify for the election ballot, each nominee shall file a
nominating petition signed by at least twenty-five eligible
electors of the district with the county commissioner of
elections at least sixty-nine days before the date of election.
b. To and shall also provide for the nomination by petition
of candidates for election to membership on the extension
council. A nominating petition shall be signed by at least
twenty-five eligible electors of the extension district and
shall be filed with the county commissioner of elections at
least sixty-nine days before the date of the election.
6. To prepare annually before March 15 a budget for the
fiscal year beginning July 1 and ending the following June 30,
in accordance with the provisions of chapter 24 and certify the
same budget to the board of supervisors of the county of their
extension district as required by law.
7. To and shall be responsible for the preparation
and adoption of the educational program on extension work
in agriculture, home economics , and 4-H club work, and
periodically review said the program , and for the carrying out
of the same program in cooperation with the extension service
in accordance with the memorandum of understanding with said
the extension service.
10. To and shall , as soon as possible following the meeting
at which the officers are elected, file in the office of the
board of supervisors and of the county treasurer a certificate
signed by its the chairperson and secretary of the extension
council certifying the names, addresses , and terms of office of
each member, and the names and addresses of the officers of the
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extension council with the signatures of the officers affixed
thereto, and said to the certificate. The certificate shall be
conclusive as to the organization of the extension district,
its extension council, and as to its members and its officers.
11. To and shall deposit all funds received from the
“county agricultural extension education fund” in a bank or
banks approved by it the extension council in the name of the
extension district. These receipts shall constitute a fund
known as the “county agricultural extension education fund”
which shall be disbursed by the treasurer of the extension
council on vouchers signed by its chairperson and secretary and
approved by the extension council and recorded in its minutes.
Sec. 70. Section 176A.9, subsection 5, Code 2020, is amended
to read as follows:
5. The extension council and its employed personnel may
cooperate with , and give information and advice to organized
and unorganized groups, but shall not promote, sponsor ,
or engage in the organization of any group for any purpose
except the promoting, organization , and the development of the
programs of 4-H clubs. Nothing in this chapter shall prevent
the county extension council or extension agents employed by
it from using or seeking opportunities to reach an audience of
persons interested in agricultural extension work through the
help of interested farm organizations, civic organizations , or
any other group : Provided, that . However, in using or seeking
such opportunities, the county extension council or agents
employed by it the extension council shall make available to
all groups and organizations in the county equal opportunity to
cooperate in the educational extension program.
Sec. 71. Section 200.15, Code 2020, is amended to read as
follows:
200.15 Refusal to register , or cancellation of registration
and licenses.
The secretary is authorized and empowered to cancel the
registration of any product of commercial fertilizer or soil
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conditioner or license or to refuse to register any product
of commercial fertilizer or soil conditioner or refuse to
license any applicant as herein provided, upon satisfactory
evidence that the registrant or licensee has used fraudulent
or deceptive practices or who has willfully violates violated
any provisions of this chapter or any rules and regulations
promulgated thereunder: Except no under this chapter.
However, a registration or license shall not be revoked or
refused until the registrant or licensee shall have has been
given the opportunity to appear for a hearing by the secretary.
Sec. 72. Section 204.9, subsection 2, paragraph b, Code
2020, is amended to read as follows:
b. The department of public safety or a local law
enforcement agency may obtain a sample of plants that are part
of the crop and provide for a test of that sample as provided in
section 204.8 . The department of public safety or a local law
enforcement agency shall not impose, assess, or collect a fee
for conducting an inspection or test under this section .
Sec. 73. Section 204.15, subsection 3, Code 2020, is amended
to read as follows:
3. A licensee shall not be ineligible to participate in
the negligent violation program, if a test of a sample of
plants that are part of a crop produced on the licensee’s crop
site exceeds a maximum concentration of two percent delta-9
tetrahydrocannabinol on a dry weight basis.
Sec. 74. Section 214A.12, Code 2020, is amended to read as
follows:
214A.12 Industrial petroleum —— permits.
Any wholesale dealer as herein defined in this chapter may
apply to the department for a permit to make importations of
petroleum products for industrial use only and not intended
to be used for internal combustion engines, on a form to be
supplied by the department, and upon receiving such permission
may make importations of petroleum products for industrial use
only, exempt from the specifications of this chapter .
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Sec. 75. Section 216A.135, subsection 2, paragraph c, Code
2020, is amended to read as follows:
c. Analysis of and recommendations of regarding current
criminal code provisions.
Sec. 76. Section 216A.136, subsection 1, Code 2020, is
amended to read as follows:
1. Juvenile court records and all other information
maintained under sections 232.147 through 232.153 232.151 .
Sec. 77. Section 218.68, Code 2020, is amended to read as
follows:
218.68 Money deposited with treasurer of state.
Said money Moneys under section 218.67 shall be transmitted
to the treasurer of state as soon after one year after the
death of the intestate as practicable, and be credited to the
support fund of the institution of which the intestate was a
resident.
Sec. 78. Section 218.70, Code 2020, is amended to read as
follows:
218.70 Payment to party entitled.
Said money Moneys transmitted to the treasurer or state
under section 218.68 shall be paid, at any time within ten
years from the death of the intestate, to any person who is
shown to be entitled thereto. Payment shall be made from the
state treasury out of the support fund of such institution in
the manner provided for the payment of other claims from that
fund.
Sec. 79. Section 222.7, subsection 2, Code 2020, is amended
to read as follows:
2. In the case of a patient hospitalized pursuant to
sections 229.6 to through 229.15 , the consent of the court
which hospitalized the patient is obtained in advance, rather
than afterward as otherwise permitted by section 229.15,
subsection 4 .
Sec. 80. Section 222.34, Code 2020, is amended to read as
follows:
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222.34 Guardianship proceedings.
If a guardianship is proposed for a person with an
intellectual disability, guardianship proceedings shall be
initiated and conducted as provided in chapter 232D or 633 .
Sec. 81. Section 222.84, Code 2020, is amended to read as
follows:
222.84 Patients’ personal deposit fund.
There is hereby established at each resource center and
special unit a fund which shall be known as the “patients’
personal deposit fund”; provided that in the case of a special
unit, the director may direct that the patients’ personal
deposit fund be maintained and administered as a part of the
fund established, pursuant to sections 226.43 to through
226.46 , by the mental health institute where the special unit
is located.
Sec. 82. Section 225C.2, subsection 13, Code 2020, is
amended to read as follows:
13. “Serious emotional disturbance” means a diagnosable
mental, behavioral, or emotional disorder of sufficient
duration to meet diagnostic criteria specified within the most
current diagnostic and statistical manual of mental disorders
published by the American psychiatric association that results
in a functional impairment. “Serious emotional disturbance”
does not include substance use and or developmental disorders
unless such those disorders co-occur with such a diagnosable
mental, behavioral, or emotional disorder.
Sec. 83. Section 225C.52, subsection 4, Code 2020, is
amended to read as follows:
4. Submit a written report on or before December 1 of each
year to the governor and the general assembly. At a minimum,
the report shall include a summary of all activities undertaken
by the state board , a summary of state board activities,
and results from identified behavioral health outcomes and
indicators for the children’s behavioral health system.
Sec. 84. Section 226.31, Code 2020, is amended to read as
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follows:
226.31 Examination by court —— notice.
Before granting the order authorized in section 226.30 ,
the court or judge shall investigate the allegations of the
petition and before proceeding to a hearing on the allegations
shall require notice to be served on the attorney who
represented the patient in any prior proceedings under sections
229.6 to through 229.15 or the advocate appointed under section
229.19 , or in the case of a patient who entered the hospital
voluntarily, on any relative, friend, or guardian of the person
in question of the filing of the application. At the hearing
the court or judge shall appoint a guardian ad litem for the
person, if the court or judge deems such action necessary to
protect the rights of the person. The guardian ad litem shall
be a practicing attorney.
Sec. 85. Section 229.1, subsection 20, paragraph d,
subparagraph (2), Code 2020, is amended to read as follows:
(2) Lack of compliance has resulted in one or more acts of
causing serious physical injury to the person’s self or others
or an attempt to physically injure the person’s self or others.
Sec. 86. Section 229.13, subsection 7, paragraph b, Code
2020, is amended to read as follows:
b. A region shall contract with mental health professionals
to provide the appropriate treatment including treatment by
the use of oral medicine or injectable antipsychotic medicine
pursuant to this section .
Sec. 87. Section 229.36, Code 2020, is amended to read as
follows:
229.36 Limitation on proceedings.
The proceeding authorized in sections 229.31 to through
229.35 , inclusive, shall not be had more often than once
in six months regarding the same person; nor regarding any
patient within six months after the patient’s admission to the
hospital.
Sec. 88. Section 229.38, Code 2020, is amended to read as
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follows:
229.38 Cruelty or official misconduct.
If any person having the care of a person with mental illness
who has voluntarily entered a hospital or other facility for
treatment or care, or who is responsible for psychiatric
examination care, treatment, and maintenance of any person
involuntarily hospitalized under sections 229.6 to through
229.15 , whether in a hospital or elsewhere, with or without
proper authority, shall treat such patient with unnecessary
severity, harshness, or cruelty, or in any way abuse the
patient or if any person unlawfully detains or deprives of
liberty any person with mental illness or any person who is
alleged to have mental illness, or if any officer required
by the provisions of this chapter and chapters 226 and 227 ,
to perform any act shall willfully refuse or neglect to
perform the same, the offending person shall, unless otherwise
provided, be guilty of a serious misdemeanor.
Sec. 89. Section 232.99, subsection 4, Code 2020, is amended
to read as follows:
4. When the dispositional hearing is concluded the court
shall make the least restrictive disposition appropriate
considering all the circumstances of the case. The
dispositions which may be entered under this division are
listed in sections 232.100 to through 232.102 in order from
least to most restrictive.
Sec. 90. Section 232.103, subsection 6, Code 2020, is
amended to read as follows:
6. If the court vacates the order it may make any other
order in accordance with and subject to the provisions of
sections 232.100 to through 232.102 .
Sec. 91. Section 232.166, Code 2020, is amended to read as
follows:
232.166 Statutes not affected.
Nothing contained in sections 232.158 to through 232.165
shall be deemed to affect or modify the other provisions of
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this chapter or of chapter 600 .
Sec. 92. Section 232.178, subsection 1, Code 2020, is
amended to read as follows:
1. For a placement initiated on or after July 1, 1992,
the department shall file a petition to initiate a voluntary
placement proceeding prior to the child’s placement in
accordance with criteria established pursuant to the federal
Adoption Assistance and Child Welfare Act of 1980, Pub. L. No.
96-272, as codified in 42 U.S.C. §627(a). For a placement
initiated before July 1, 1992, the department shall file a
petition to approve placement on or before September 1, 1992.
Sec. 93. Section 232D.105, subsection 1, Code 2020, is
amended to read as follows:
1. A petition alleging that a minor is in need of a
conservatorship is not subject to this chapter . Such
proceedings shall be governed by chapter 633 and may be
initiated pursuant to section 633.627 633.557 .
Sec. 94. Section 249A.4, subsections 11 and 15, Code 2020,
are amended to read as follows:
11. Shall provide an opportunity for a fair hearing before
the department of inspections and appeals to an individual
whose claim for medical assistance under this chapter is
denied or is not acted upon with reasonable promptness. Upon
completion of a hearing, the department of inspections and
appeals shall issue a decision which is subject to review by
the department of human services. Judicial review of the
decisions of the department of human services may be sought in
accordance with chapter 17A. If a petition for judicial review
is filed, the department of human services shall furnish the
petitioner with a copy of the application and all supporting
papers, a transcript of the testimony taken at the hearing, if
any, and a copy of its decision.
15. Establish appropriate reimbursement rates for community
mental health centers that are accredited by the mental health
and disability services commission.
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Judicial review of the decisions of the department of human
services may be sought in accordance with chapter 17A . If
a petition for judicial review is filed, the department of
human services shall furnish the petitioner with a copy of
the application and all supporting papers, a transcript of
the testimony taken at the hearing, if any, and a copy of its
decision.
Sec. 95. Section 249L.2, subsection 6, Code 2020, is amended
to read as follows:
6. “Nursing facility” means a licensed nursing facility as
defined in section 135C.1 that is a freestanding facility or
a nursing facility operated by a hospital licensed pursuant
to chapter 135B , but does not include a distinct-part skilled
nursing unit or a swing-bed unit operated by a hospital, or
a nursing facility owned by the state or federal government
or other governmental unit. “Nursing facility” includes a
non-state government-owned nursing facility if the nursing
facility participates in the non-state government-owned nursing
facility quality of care rate add-on program.
Sec. 96. Section 249L.2, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION . 5A. “Non-state governmental entity” means a
hospital authority, hospital district, health care district,
city, or county.
NEW SUBSECTION . 5B. “Non-state government-owned nursing
facility” means a nursing facility that is owned or operated
by a non-state governmental entity and for which a non-state
governmental entity holds the nursing facility’s license and is
party to the nursing facility’s Medicaid contract.
Sec. 97. Section 252B.2, Code 2020, is amended to read as
follows:
252B.2 Unit established —— intervention.
There is created within the department of human services a
child support recovery unit for the purpose of providing the
services required in sections 252B.3 to through 252B.6 . The
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unit is not required to intervene in actions to provide such
services.
Sec. 98. Section 252H.5, unnumbered paragraph 1, Code 2020,
is amended by striking the unnumbered paragraph.
Sec. 99. Section 252H.12, subsection 3, Code 2020, is
amended by striking the subsection.
Sec. 100. Section 256.7, subsection 32, paragraph b,
subparagraph (1), unnumbered paragraph 1, Code 2020, is amended
to read as follows:
Adopt rules which require that educational instruction
and course content delivered primarily over the internet be
aligned with the Iowa core content standards as applicable.
Under such rules, a school district may develop and offer to
students enrolled in the district educational instruction and
course content for delivery primarily over the internet. A
school district providing educational instruction and course
content that are delivered primarily over the internet shall
annually submit to the department, in the manner prescribed by
the department, data that includes but is not limited to the
following:
Sec. 101. Section 260I.3, subsection 1, Code 2020, is
amended to read as follows:
1. The state board of education , in consultation with the
economic development authority, shall adopt rules pursuant
to chapter 17A defining eligibility criteria for persons
applying to receive tuition assistance under this chapter .
Sec. 102. Section 261.130, subsection 8, paragraph b, Code
2020, is amended to read as follows:
b. Adopt rules for approving career-technical or career
option programs in industries identified by the department of
workforce development pursuant to section 84A.6, subsection 4 ;
determining financial need; defining residence for the purposes
of this section ; processing and approving applications for
grants; and determining priority for grants.
Sec. 103. Section 261A.24, Code 2020, is amended to read as
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follows:
261A.24 Chapter as alternative method —— powers not subject
to supervision or regulation.
Sections 261A.1 to through 261A.23 provide a complete,
additional, and alternative method for the doing of the things
authorized by the chapter and the limitations imposed by this
chapter do not affect powers or rights conferred by other laws,
and the issuance of obligations and refunding obligations under
this chapter need not comply with the requirements of any
other law applicable to the issuance of obligations. Except
as otherwise expressly provided in this chapter , the powers
granted to the authority under this chapter are not subject to
the supervision or regulation and do not require the approval
or consent of a city or political subdivision or department,
division, commission, board, body, bureau, official, or agency
of a political subdivision or of the state.
Sec. 104. Section 261E.8, subsection 2, paragraph b,
subparagraph (3), Code 2020, is amended to read as follows:
(3) A community college that enters into a contract as
provided in this paragraph shall submit to the department,
during the fall and spring semesters, or the equivalent, a
list of the accredited nonpublic school students enrolled for
the semester, or the equivalent, who are participating in the
program. The community college and the accredited nonpublic
school shall verify to the department that the accredited
nonpublic school and the coursework provided under this
paragraph meet the requirements of this section and section
257.11, subsection 3 , and shall provide to the department data
and information elements as required under subsection 8 9 by
rule.
Sec. 105. Section 262.9, subsections 10 and 15, Code 2020,
are amended to read as follows:
10. Direct the expenditure of all appropriations made to
said institutions under the control of the board , and of any
other moneys belonging thereto to those institutions , but in no
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event shall the perpetual funds of the Iowa state university
of science and technology, nor the permanent funds of the
state university of Iowa derived under Acts of Congress, be
diminished.
15. Lease properties and facilities, either as lessor or
lessee, for the proper use and benefit of said institutions
under the control of the board upon such terms, conditions,
and considerations as the board deems advantageous, including
leases with provisions for ultimate ownership by the state of
Iowa, and to pay the rentals from funds appropriated to the
institution for operating expenses thereof or from such other
funds as may be available therefor.
Sec. 106. Section 262.23, Code 2020, is amended to read as
follows:
262.23 Duties of treasurer.
The treasurer of each of said the institutions under the
control of the board shall:
1. Receive all appropriations made by the general assembly
for said the institution, and all other funds from all other
sources, belonging to said the institution.
2. Pay out said funds on order of the board of regents,
or of such committee or official as it the board of regents
designates, on bills duly audited in accordance with the rules
prescribed by said the board.
3. Retain all bills , so paid by the treasurer, with receipts
for their payment as vouchers.
4. Keep an accurate account of all revenue and expenditures
of said the institution, so that the receipts and disbursements
of each of its the institution’s several departments shall be
apparent at all times.
5. Annually, and at such other times as the board may
require, report to it said the board all receipts and
disbursements in detail.
Sec. 107. Section 262.24, Code 2020, is amended to read as
follows:
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262.24 Reports of executive officers.
The executive officer of each of said the institutions under
the control of the board shall, on or before the first day of
August of each even-numbered year, make a report to the board,
setting forth such all of the following:
1. Such observations and recommendations as in the
executive officer’s judgment are for the benefit of the
institution , and also the .
2. The executive officer’s recommendations of a budget for
the several colleges and departments of the institution, in
detail , and estimates .
3. Estimates of the amount of funds required therefor for
the ensuing biennium.
Sec. 108. Section 262.31, Code 2020, is amended to read as
follows:
262.31 Payment.
The contract for such instruction under section 262.30 shall
authorize the payment for such service services furnished to
the school district , or for such service services furnished
to the state, and the amount to be agreed upon by the state
board of regents and the board of the school district thus
cooperating.
Sec. 109. Section 262.32, Code 2020, is amended to read as
follows:
262.32 Contract —— time limit.
Such contracts A contract for instruction under section
262.30 shall be in writing and shall extend over a period of
not to exceed two years , and a . A copy thereof of the contract
shall be filed in the office of the administrator of the area
education agency.
Sec. 110. Section 262.37, Code 2020, is amended to read as
follows:
262.37 Title to property.
The title to all real estate so acquired under section 262.36
and the improvements erected thereon on that real estate shall
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be taken and held in the name of the state.
Sec. 111. Section 262.38, unnumbered paragraph 1, Code
2020, is amended to read as follows:
In carrying out the above powers enumerated in this
subchapter , said the board may:
Sec. 112. Section 262.39, unnumbered paragraph 1, Code
2020, is amended to read as follows:
No An obligation created hereunder under this subchapter
shall ever never be or nor become a charge against the state
of Iowa but all such obligations, including principal and
interest, shall be payable solely:
Sec. 113. Section 262.41, Code 2020, is amended to read as
follows:
262.41 Exemption from taxation.
All obligations created hereunder under this subchapter
shall be exempt from taxation.
Sec. 114. Section 262.42, Code 2020, is amended to read as
follows:
262.42 Limitation on funds.
No state State funds shall not be loaned or used for this
purpose the purposes of this subchapter . This prohibition
shall not apply to funds derived from the net earnings of
dormitories now or hereafter owned by the state.
Sec. 115. Section 262.45, Code 2020, is amended to read as
follows:
262.45 Purchase or condemnation of real estate.
The erection of the buildings, improvements , and facilities
for the educational institutions of higher learning in this
state is a public necessity and the board is vested with full
power to purchase or condemn at said those institutions, or
convenient thereto to those institutions , all real estate
necessary to carry out the powers herein granted.
Sec. 116. Section 262.46, Code 2020, is amended to read as
follows:
262.46 Title in name of state.
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The title to all real estate so acquired under this
subchapter and the improvements erected thereon on that real
estate shall be taken and held in the name of the state.
Sec. 117. Section 262.48, unnumbered paragraph 1, Code
2020, is amended to read as follows:
In carrying out the above powers said enumerated in this
subchapter, the board may:
Sec. 118. Section 262.48, subsection 2, Code 2020, is
amended to read as follows:
2. Mortgage any real estate so acquired under this
subchapter and the improvements erected thereon on that real
estate in order to secure necessary loans.
Sec. 119. Section 262.49, unnumbered paragraph 1, Code
2020, is amended to read as follows:
No An obligation created hereunder under this subchapter
shall ever never be or nor become a charge against the state
of Iowa but all such obligations, including principal and
interest, shall be payable solely from any of the following:
Sec. 120. Section 262.51, Code 2020, is amended to read as
follows:
262.51 Tax exemption.
All obligations created hereunder under this subchapter
shall be exempt from taxation, together with the interest
thereon on the obligations .
Sec. 121. Section 262.52, Code 2020, is amended to read as
follows:
262.52 No state funds loaned.
No state State funds shall not be loaned for this purpose
the purposes of this subchapter . This prohibition shall not
apply to funds derived from the net earnings of such buildings,
structures, areas , and facilities now or hereafter owned by the
state or to funds received from student fees or charges.
Sec. 122. Section 262.68, Code 2020, is amended to read as
follows:
262.68 Speed limit on institutional grounds.
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1. The maximum speed limit of all vehicles on institutional
roads at institutions under the control of the state board of
regents shall be forty-five miles per hour. All driving shall
be confined to driveways designated by the state board.
2. Whenever the state board shall determine that the speed
limit hereinbefore set forth in subsection 1 is greater than
is reasonable or safe under the conditions found to exist at
any place of congestion or upon any part of its institutional
roads, said the board shall determine and declare a reasonable
and safe speed limit , thereat which shall be effective when
appropriate signs giving notice thereof of the speed limit are
erected at such places of congestion or other parts of its
institutional roads.
3. Any person violating the aforementioned speed limits
established in subsections 1 and 2 shall be guilty of a simple
misdemeanor.
Sec. 123. Section 272.15, subsection 3, Code 2020, is
amended to read as follows:
3. Information required to be reported to the board under
this section shall be reported within thirty days of the either
of the following:
a. The date action was taken which necessitated the report,
including the date of disciplinary action taken, nonrenewal
or termination of a contract for reasons of alleged or actual
misconduct, or resignation of a person following an incident
or allegation of misconduct as required under subsection 1 ; or
awareness .
b. The date the employee becomes aware of alleged misconduct
as required under subsection 2 .
Sec. 124. Section 273.2, subsection 3, Code 2020, is amended
to read as follows:
3. The area education agency board shall furnish
educational services and programs as provided in section
273.1 , this section , sections 273.3 to 273.9 through 273.8 ,
and chapter 256B to the pupils enrolled in public or nonpublic
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schools located within its boundaries which are on the list of
accredited schools pursuant to section 256.11 . The programs
and services provided shall be at least commensurate with
programs and services existing on July 1, 1974. The programs
and services provided to pupils enrolled in nonpublic schools
shall be comparable to programs and services provided to pupils
enrolled in public schools within constitutional guidelines.
Sec. 125. Section 273.3, subsections 2 and 12, Code 2020,
are amended to read as follows:
2. Be authorized to receive and expend money for providing
programs and services as provided in sections 273.1 , 273.2 ,
this section , sections 273.4 to 273.9 through 273.8 , and
chapters 256B and 257 . All costs incurred in providing the
programs and services, including administrative costs, shall
be paid from funds received pursuant to sections 273.1 , 273.2 ,
this section , sections 273.4 to 273.9 through 273.8 , and
chapters 256B and 257 .
12. Prepare an annual budget estimating income and
expenditures for programs and services as provided in sections
273.1 , 273.2 , this section , sections 273.4 to 273.9 through
273.8 , and chapter 256B within the limits of funds provided
under section 256B.9 and chapter 257 . The board shall
give notice of a public hearing on the proposed budget by
publication in an official county newspaper in each county
in the territory of the area education agency in which the
principal place of business of a school district that is a
part of the area education agency is located. The notice
shall specify the date, which shall be not later than March
1 of each year, the time, and the location of the public
hearing. The proposed budget as approved by the board shall
then be submitted to the state board of education, on forms
provided by the department, no later than March 15 preceding
the next fiscal year for approval. The state board shall
review the proposed budget of each area education agency and
shall before May 1, either grant approval or return the budget
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without approval with comments of the state board included. An
unapproved budget shall be resubmitted to the state board for
final approval not later than May 15. The state board shall
give final approval only to budgets submitted by area education
agencies accredited by the state board or that have been given
conditional accreditation by the state board.
Sec. 126. Section 277.3, Code 2020, is amended to read as
follows:
277.3 Election laws applicable.
The provisions of chapters 39 to through 53 shall apply to
the conduct of all school elections and the school elections
shall be conducted by the county commissioner of elections,
except as otherwise specifically provided in this chapter .
Sec. 127. Section 279.50A, subsection 1, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
If a school district’s total enrollment exceeds six hundred
pupils, the school district may enter into an agreement with a
community college under which the community college may offer,
or provide a community college-employed instructor to teach,
one of the units in accordance with section 256.11, subsection
5 , paragraph “a” , or one of the units in accordance with section
256.11, subsection 5 , paragraph “d” or “e” , and if the unit of
coursework under the agreement meets the requirements specified
in section 257.11, subsection 3 , paragraph “b” , subparagraphs
(2) through (7), the unit offered shall be deemed to meet the
education program requirement for a unit of mathematics or
science, as applicable, under section 256.11, subsection 5 ,
paragraph “a” , “d” , or “e” . The provisions of this subsection
are applicable only if all of the following conditions are met:
Sec. 128. Section 282.3, subsection 3, Code 2020, is amended
to read as follows:
3. Nothing herein provided shall This section does not
prohibit a school board from requiring the attainment of a
greater age than the age requirements herein set forth in this
section .
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Sec. 129. Section 303.21, Code 2020, is amended to read as
follows:
303.21 Petition.
1. Not less than ten percent of the The eligible voters
in an area of asserted historical significance may petition
the department for a referendum for the establishment of a
district.
2. The petition shall must be signed by not less than ten
percent of the eligible voters of the area and shall contain
both a description of the property suggested for inclusion in
the district and the reasons justifying the creation of the
district.
Sec. 130. Section 303.34, subsections 2 and 4, Code 2020,
are amended to read as follows:
2. A city shall not designate an area as an area of
historical significance unless it contains contiguous pieces
of property under diverse ownership which meets the criteria
specified in section 303.20, subsection 1 , paragraphs “a” to
through “f” .
4. An area shall be designated an area of historical
significance upon enactment of an ordinance of the city.
Before the ordinance or an amendment to it the ordinance is
enacted, the governing body of the city shall submit the
ordinance or amendment to the historical division for its
review and recommendations.
Sec. 131. Section 306.13, Code 2020, is amended to read as
follows:
306.13 Notice —— requirements.
Said The notice of the hearing under section 306.11 shall
state the time and place of such hearing, the location of the
particular road, or part thereof, or crossing, the vacation and
closing of which is to be considered, and such other data as
may be deemed pertinent.
Sec. 132. Section 306.24, Code 2020, is amended to read as
follows:
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306.24 Conditions.
Any sale of land as herein authorized in this chapter shall
be upon the conditions that the tract, parcel, or piece of land
so sold shall not be used in any manner so as to interfere with
the use of the highway by the public, or to endanger public
safety in the use of the highway, or to the material damage of
the adjacent owner.
Sec. 133. Section 306A.6, Code 2020, is amended to read as
follows:
306A.6 New and existing facilities —— grade-crossing
eliminations.
1. Cities and highway authorities having jurisdiction and
control over the highways of the state, as provided by chapter
306 , may designate and establish an existing street or highway
as included within a controlled-access facility. The state or
any of its subdivisions shall have authority to provide for
the elimination of intersections at grade of controlled-access
facilities with existing state and county roads, and city or
village streets, by grade separation or service road, or by
closing off such roads and streets at the right-of-way boundary
line of such controlled-access facility , the .
2. The provisions of sections 306.11 to through 306.17
shall apply and govern the procedure for the closing of such a
road or street and the method of ascertaining damages sustained
by any person as a consequence of such the closing, provided,
however, that the highway authority desiring the closing of
such road or street shall conduct the hearing and carry out the
procedure therefor and pay any damages, including any allowed
on appeal, as a consequence thereof, any law to the contrary
notwithstanding , and after .
3. After the establishment of any controlled-access
facility, no highway or street which is not part of said
facility shall intersect the same at grade. No A city or
village street, county or state highway, or other public
way shall not be opened into or connected with any such
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controlled-access facility without the consent and previous
approval of the highway authority in the state, county, city
or village having jurisdiction over such the controlled-access
facility. Such consent and approval shall be given only if the
public interest shall be served thereby.
Sec. 134. Section 307.48, Code 2020, is amended to read as
follows:
307.48 Longevity pay.
1. An employee of the department who was hired by the state
highway commission on or before June 30, 1971, is entitled to
longevity pay. An employee eligible for longevity pay under
this section whose employment is terminated on or after July 1,
1971, if reemployed by the department, forfeits any right the
employee may have had to longevity pay.
2. An employee under the supervision of the department’s
administrator of highways who became an employee of the state
department of transportation on July 1, 1974, retains all
rights to longevity pay so long as the employee continues
employment with the department.
Sec. 135. Section 309.24, Code 2020, is amended to read as
follows:
309.24 Uniform and unified plan required.
Said The secondary road construction program or project
shall be planned on the basis of one general, uniform, and
unified plan for the complete and permanent construction of the
roads embraced therein in the program or project as to bridge,
culvert, tile, and grading or other improvements.
Sec. 136. Section 309.27, Code 2020, is amended to read as
follows:
309.27 Report of engineer.
In addition to the foregoing meeting the requirements of
sections 309.22 through 309.26 , the engineer, when so ordered
by the board, shall make written report to the board and shall
designate therein in their order of importance the roads which,
in the engineer’s judgment, are most urgently in need of
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construction.
Sec. 137. Section 309.37, unnumbered paragraph 1, Code
2020, is amended to read as follows:
Said The engineer’s survey shall show:
Sec. 138. Section 309.47, unnumbered paragraph 1, Code
2020, is amended to read as follows:
Such certificates Certificates issued under this subchapter
shall be authorized by a duly adopted resolution which shall
specify all of the following :
Sec. 139. Section 309.51, Code 2020, is amended to read as
follows:
309.51 Taxation.
Said certificates Certificates issued under this subchapter
shall be exempt from taxation.
Sec. 140. Section 312.3, subsection 1, Code 2020, is amended
to read as follows:
1. For the fiscal year ending June 30, 2006, apportion among
the counties the road use tax funds credited to the secondary
road fund by using the allocation method contained in section
312.3, subsection 1 , Code 2005. For subsequent fiscal years,
apportion Apportion among the counties the road use tax funds
credited to the secondary road fund by using the distribution
methodology adopted pursuant to section 312.3C .
Sec. 141. Section 313.4, subsection 3, Code 2020, is amended
to read as follows:
3. There is appropriated from funds appropriated to the
department which would otherwise revert to the primary road
fund pursuant to the provisions of the Act appropriating the
funds or chapter 8 , an amount sufficient to pay the increase
in salaries, which increase is not otherwise provided for by
the general assembly in an appropriation bill, resulting from
the annual review of the merit pay plan as provided in section
8A.413, subsection 3 . The appropriation herein provided in
this subsection shall be in effect from the effective date of
the revised pay plan to the end of the fiscal biennium in which
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it becomes effective.
Sec. 142. Section 313.20, Code 2020, is amended to read as
follows:
313.20 Auditor —— appointment —— bond —— duties.
The director of the department of administrative services
shall appoint the auditor of the department who shall give
bond in the sum of fifty thousand dollars for the faithful
performance of the auditor’s duties. The premium on said
the bond shall be paid by the department from the primary
road fund. Said The auditor shall check and audit all claims
against the department before such claims are approved by the
department, and shall keep all records and accounts relating
to the expenditures of the department. The auditor shall, in
the checking and auditing of claims against the department, and
keeping the records and accounts of the department, be under
the direction and supervision of the director of the department
of administrative services, and act as an agent of said the
director. The department shall furnish said the auditor with
such help and assistants as may be necessary to properly
perform the duties herein specified in this section . The said
auditor may be removed by the director of the department of
administrative services.
Sec. 143. Section 313.24, Code 2020, is amended to read as
follows:
313.24 Separated cities.
The department shall designate the street or streets which
shall constitute the primary road extensions in any city of
the state, which city is separated from the remainder of
the state by a river more than five hundred feet in width
from bank to bank. The laws of this state relating to the
construction, reconstruction , or maintenance of the extensions
of primary roads in cities, and to the purchase or condemnation
of right-of-way therefor for those primary roads , and to the
expenditure of primary road funds thereon, shall apply to the
roads or streets designated hereunder under this section , the
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same as though said community were not so separated from the
rest of the state.
Sec. 144. Section 313.29, Code 2020, is amended to read as
follows:
313.29 Detours located in city.
When the temporary primary road detour or temporary primary
road haul road, or any portion thereof, is located within
the corporate limits of a city, then as to the portion so
located, the provisions of section 313.28 as to consultation,
designation, restoration , and payment by the department shall
apply in like manner to the benefit of the city , and credits
thereunder . Credits under section 313.28 shall be made to the
general fund of the city. A city may designate the county
engineer or city engineer to inspect such street so used
jointly with the representative of the department.
Sec. 145. Section 321.1, subsection 26, Code 2020, is
amended to read as follows:
26. “Foreign vehicle” means every vehicle of a type required
to be registered hereunder under this chapter brought into this
state from another state, territory, or country other than in
the ordinary course of business by or through a manufacturer or
dealer and not registered in this state.
Sec. 146. Section 321.187, subsection 2, paragraph c, Code
2020, is amended to read as follows:
c. Any third-party skills test examiner used by the
third-party tester shall meet the requirements of 49 C.F.R.
§383.75 and 49 C.F.R. §384.228 , as adopted by rule by the
department. The department shall adopt rules requiring that a
third-party tester, other than a community college established
under chapter 260C , shall either be an Iowa-based motor
carrier, or its subsidiary, that has its principal office
within this state and operates a permanent commercial driver
training facility in this state, or be an Iowa nonprofit
corporation that serves as a trade association for Iowa-based
motor carriers. The rules may also provide that a third-party
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tester conduct a number of skills test examinations above the
number required under 49 C.F.R. §383.75 in order to remain
qualified as a third-party tester under this section .
Sec. 147. Section 321.258, subsection 1, paragraphs b and c,
Code 2020, are amended to read as follows:
b. Steady and/ or flashing left-turn red arrow.
c. Steady and/ or flashing right-turn red arrow.
Sec. 148. Section 321.258, subsection 2, paragraphs b and c,
Code 2020, are amended to read as follows:
b. Steady and/ or flashing left-turn red arrow.
c. Steady and/ or flashing right-turn red arrow.
Sec. 149. Section 321.378, Code 2020, is amended to read as
follows:
321.378 Applicability.
The provisions of sections 321.372 to through 321.377, this
section, and sections 321.379 and 321.380 , shall apply to all
public and nonpublic schools where children are transported to
and from school.
Sec. 150. Section 321.380, Code 2020, is amended to read as
follows:
321.380 Enforcement.
It shall be the duty of all peace officers and of the state
patrol to enforce the provisions of sections 321.372 to through
321.379 .
Sec. 151. Section 321.431, subsections 2 and 3, Code 2020,
are amended to read as follows:
2. Under the above conditions specified in subsection 1,
the hand brake shall be adequate to hold such the vehicle or
vehicles stationary on any grade upon which operated.
3. Under the above conditions specified in subsection 1,
the service brakes upon a motor vehicle equipped with two-wheel
brakes only, and when permitted hereunder under this section ,
shall be adequate to stop the vehicle within a distance of
forty-five feet and the hand brake adequate to stop the vehicle
within a distance of fifty-five feet.
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Sec. 152. Section 321.463, subsection 4, paragraph b,
subparagraph (4), subparagraph division (b), Code 2020, is
amended to read as follows:
(b) “Fence-line feeder, grain cart, or tank wagon” means all
of the following:
(i) A fence-line feeder, grain cart, or tank wagon
manufactured on or after July 1, 2001.
(ii) After July 1, 2005, any fence-line feeder, grain cart,
or tank wagon.
Sec. 153. Section 321.480, Code 2020, is amended to read as
follows:
321.480 Limitation on expense.
For the purposes of sections 321.476 to through 321.479,
this section, and section 321.481 and the enforcement of the
provisions of the motor vehicle laws relating to the size,
weight, and load of motor vehicles and trailers the department
is hereby authorized to expend from the primary road fund only
the amount appropriated for each biennium.
Sec. 154. Section 321.481, Code 2020, is amended to read as
follows:
321.481 No impairment of other authority.
Nothing in sections 321.476 to through 321.480 shall be so
construed as to limit or impair the authority or duties of
other peace officers in the enforcement of the motor vehicle
laws or any portion thereof.
Sec. 155. Section 321.488, Code 2020, is amended to read as
follows:
321.488 Procedure not exclusive.
The provisions of this chapter shall govern all peace
officers in making arrests without a warrant for violations
of this chapter for offenses committed in their presence, but
the procedure prescribed herein in this chapter shall not be
exclusive of any other method prescribed by law for the arrest
and prosecution of a person.
Sec. 156. Section 321.504, Code 2020, is amended to read as
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follows:
321.504 Optional notification.
In lieu of mailing said the notification described in
section 321.502 to the defendant in a foreign state, the
plaintiff may cause said the notification to be personally
served in the foreign state on the defendant by any adult
person not a party to the suit, by delivering said the
notification to the defendant or by offering to make such
delivery in case defendant refuses to accept delivery.
Sec. 157. Section 321.511, Code 2020, is amended to read as
follows:
321.511 Dismissal —— effect.
The dismissal of an action after the nonresident has
entered a general appearance under the substituted service
herein authorized in section 321.498, sections 321.500 through
321.502, and sections 321.504 through 321.510 , shall bar the
recommencement of the same action against the same defendant
unless said the recommenced action is accompanied by actual
personal service of the original notice of suit on said the
defendant in this state.
Sec. 158. Section 321A.11, Code 2020, is amended to read as
follows:
321A.11 Matters not to be evidence in civil suits.
Neither the report required by section 321A.4 , the action
taken by the department pursuant to sections 321A.4 to
through 321A.10 and this section , the findings, if any, of the
department upon which action is based, nor the security filed
as provided in said sections shall be referred to in any way,
or be any evidence of the negligence or due care of either
party, at the trial of any action at law to recover damages.
Sec. 159. Section 321A.13, subsection 3, Code 2020, is
amended to read as follows:
3. Any person whose license, registration, or nonresident’s
operating privilege has been suspended or is about to be
suspended or shall become subject to suspension under the
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provisions of section 321A.12 , this section , and sections
321A.14 through 321A.29 may be relieved from the effect of such
the judgment as hereinbefore prescribed in said those sections
by filing with the department an affidavit stating that at the
time of the accident upon which such the judgment has been
rendered the affiant was insured, that the insurer is liable to
pay such the judgment, and the reason, if known, why such the
insurance company has not paid such judgment. Such a person
shall also file the original policy of insurance or a certified
copy thereof, if available, and such other documents as the
department may require to show that the loss, injury, or damage
for which such the judgment was rendered, was covered by such
the policy of insurance. If the department is satisfied from
such papers that such the insurer was authorized to issue such
the policy of insurance at the time and place of issuing such
the policy and that such the insurer is liable to pay such the
judgment, at least to the extent and for the amounts required
in this chapter , the department shall not suspend such the
person’s license or registration or nonresident’s operating
privilege , or , if already suspended , shall reinstate them.
Sec. 160. Section 321A.14, Code 2020, is amended to read as
follows:
321A.14 Suspension to continue until judgments paid and proof
given.
A license, registration, and nonresident’s operating
privilege shall remain suspended under section 321A.13 ,
and shall not be renewed, nor shall any such license or
registration be subsequently issued in the name of the person,
including any person not previously licensed, until every
judgment is satisfied in full or to the extent hereinafter
provided in this chapter , or until evidence is provided, to
the satisfaction of the department, that the judgment has not
been renewed and is no longer enforceable. A person whose
license, registration, or nonresident’s operating privilege
was suspended under section 321A.13 must provide proof to
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the department of financial responsibility subject to the
exemptions stated in sections 321A.13 and 321A.16 prior to
obtaining a license, registration, or nonresident’s operating
privilege.
Sec. 161. Section 321A.26, Code 2020, is amended to read as
follows:
321A.26 Owner may give proof for others.
Whenever any person required to give proof of financial
responsibility hereunder under this chapter is or later becomes
an operator in the employ of any owner, or is or later becomes
a member of the immediate family or household of the owner,
the department shall accept proof given by such owner in lieu
of proof by such other person to permit such other person to
operate a motor vehicle for which the owner has given proof
as herein provided in this subchapter or has qualified as a
self-insurer under section 321A.34 . The department shall
designate the restrictions imposed by this section on the face
of such person’s license.
Sec. 162. Section 321A.31, Code 2020, is amended to read as
follows:
321A.31 Surrender of license and registration.
Any person whose license or registration shall have has been
suspended as herein provided in this chapter , or whose policy
of insurance or bond, when required under this chapter , shall
have has been canceled or terminated, or who shall neglect
neglects to furnish other proof upon request of the department
shall immediately return the person’s license and registration
to the department. If any person shall fail fails to return to
the department the license or registration as provided herein
in this section , the department shall forthwith direct any
peace officer to secure possession thereof and to return the
same license or registration to the department.
Sec. 163. Section 322.13, Code 2020, is amended to read as
follows:
322.13 Rules.
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1. The department shall have full authority to prescribe
reasonable rules for the administration and enforcement of
this chapter , which shall be in addition hereto to and not
inconsistent herewith with this chapter . All rules shall
be filed and entered by the department in its office in an
indexed, permanent book or record, with the effective date
thereof of the rules suitably indicated , and such . The book
or record shall be a public document. The department may
provide notice of a new rule or regulation by a posting on the
department’s internet site.
2. The department shall have power to prescribe the forms to
be used in connection with the licensing of persons as herein
provided in this chapter .
Sec. 164. Section 322.15, subsection 2, Code 2020, is
amended to read as follows:
2. Nothing contained herein in this chapter shall be
construed to require the licensing or to apply to any bank,
credit union, or trust company in Iowa.
Sec. 165. Section 322.19, subsection 2, paragraph a, Code
2020, is amended to read as follows:
a. A motor vehicle service contract as defined in section
516E.1 523C.1 .
Sec. 166. Section 322.32, Code 2020, is amended to read as
follows:
322.32 Construction of applicability to contracts.
Nothing in this chapter shall be construed to impair the
obligations of a contract or to prevent a licensee hereunder
under this chapter from requiring performance of a written
contract entered into with another licensee hereunder under
this chapter , nor shall the requirement of such performance
constitute a violation of any of the provisions of this
chapter .
Sec. 167. Section 322C.4, subsection 4, Code 2020, is
amended to read as follows:
4. Before the issuance of a dealer’s license, the applicant
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shall furnish a surety bond executed by the applicant as
principal and executed by a corporate surety company licensed
and qualified to do business within this state, which
bond shall run to the state of Iowa, be in the amount of
seventy-five thousand dollars, and be conditioned upon the
faithful compliance by the applicant as a dealer with all
statutes of this state regulating or applicable to a dealer,
and shall indemnify any person dealing or transacting business
with the dealer from loss or damage caused by the failure of
the dealer to comply with the provisions of chapter 321 and
this chapter , including the furnishing of a proper and valid
certificate of title to a towable recreational vehicle. The
bond shall be filed with the department prior to the issuance
of the license.
Sec. 168. Section 322C.14, subsection 3, paragraph c,
subparagraph (2), Code 2020, is amended to read as follows:
(2) The dealer has abandoned or closed the dealer’s
business operations for ten consecutive business days. This
subparagraph does not apply if the closing is due to a normal
seasonal closing and the dealer notifies the manufacturer or
distributor of the planned closing, or is due to an act of God,
a strike, a labor difficulty, or any other cause over which the
dealer has no control.
Sec. 169. Section 322C.15, subsection 2, paragraph b, Code
2020, is amended to read as follows:
b. The manufacturer’s or distributor’s business operations
have been abandoned or caused the dealer’s business operations
to close for ten consecutive business days. This paragraph
does not apply if the closing is due to a normal seasonal
closing and the manufacturer or distributor notifies the
dealer of the planned closing, or is due to an act of God, a
strike, a labor difficulty, or any other cause over which the
manufacturer or distributor has no control.
Sec. 170. Section 322C.21, subsection 2, paragraph f, Code
2020, is amended to read as follows:
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f. Each party to the mediation shall pay its the party’s own
costs for attorney fees. The costs of the mediation services
shall be equally allocated among each party equally amongst the
parties .
Sec. 171. Section 322C.21, subsection 3, Code 2020, is
amended to read as follows:
3. In addition to the remedies provided in this section , and
notwithstanding the existence of any additional remedy at law,
a manufacturer, distributor, warrantor, or dealer may petition
the district court , upon a hearing and for cause shown, for a
temporary or permanent injunction, or both, restraining any
person from acting as a dealer without being properly licensed,
from violating or continuing to violate any of the provisions
of this chapter , or from failing or refusing to comply with the
requirements of this chapter . Such injunction shall be issued ,
upon a hearing and for cause shown, without bond. A single act
in violation of this chapter shall be considered sufficient
cause to authorize the issuance of an injunction pursuant to
this subsection .
Sec. 172. Section 327F.27, subsection 1, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
Every railroad corporation shall insure ensure that
vegetation on railroad property which is on or immediately
adjacent to the roadbed be controlled so that it does not:
Sec. 173. Section 330.4, Code 2020, is amended to read as
follows:
330.4 Joint exercise of powers.
Agreements between political subdivisions for joint exercise
of any powers relating to airports may provide for the creation
and establishment of a joint airport commission which, when
so created or established, shall function in accordance with
the provisions of sections 330.17 to through 330.24 insofar as
provided by said the agreements.
Sec. 174. Section 330.24, Code 2020, is amended to read as
follows:
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330.24 No restrictions on former commissions.
Nothing in sections 330.17 to through 330.22 shall be
interpreted as limiting or affecting airport commissions of
cities in the above classification which have already been in
existence and operation prior to January 1, 1941, under the
provisions of this chapter .
Sec. 175. Section 331.322, subsection 3, Code 2020, is
amended to read as follows:
3. Fill vacancies in county offices in accordance with
sections 69.8 to through 69.12 and section 69.14A , and make
appointments in accordance with section 69.16 unless a special
election is called pursuant to section 69.14A .
Sec. 176. Section 331.383, Code 2020, is amended to read as
follows:
331.383 Duties and powers relating to elections.
The board shall ensure that the county commissioner of
elections conducts primary, general, city, school, and special
elections in accordance with applicable state law. The board
shall canvass elections in accordance with sections 43.49 to
through 43.51 , 43.60 to through 43.62 , 46.24 , 50.13 , 50.24 to
through 50.29 , 50.44 to through 50.47 , 260C.39 , 275.25 , 277.20 ,
376.1 , 376.7 , and 376.9 . The board shall prepare and deliver
a list of persons nominated in accordance with section 43.55 ,
provide for a recount in accordance with section 50.48 , provide
for election precincts in accordance with sections 49.3 , 49.4 ,
49.6 to through 49.8 , and 49.11 , pay election costs as provided
in section 47.3 , participate in election contests as provided
in sections 62.1A and 62.9 , and perform other election duties
required by state law. The board may shall provide for the
use of an optical scan voting system as provided in sections
52.2 , and 52.3 , and 52.8 , and exercise other election powers as
provided by state law.
Sec. 177. Section 331.390, subsection 2, Code 2020, is
amended to read as follows:
2. The governing board shall comply with all of the
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following requirements:
a. The voting membership of the governing board shall
consist of at least one board of supervisors member from each
county comprising the region or their designees a person
designated by the board of each county .
b. The membership of the governing board shall also include
one adult person who utilizes mental health and disability
services or is an actively involved relative of such an adult
person. This member shall be designated by the regional
advisory committee formed by the governing board pursuant to
paragraph “h” “e” .
c. The membership of the governing board shall not include
employees of the department of human services or an unelected
nonelected employee of a county.
d. The membership of the governing board shall also consist
of one all of the following:
(1) One member representing adult service providers in
the region. This member shall be designated by the regional
advisory committee formed by the governing board pursuant to
paragraph “h” “e” . The member designated in accordance with
this paragraph subparagraph shall serve in a nonvoting, ex
officio capacity.
e. (2) The membership of the governing board shall also
consist of one One member representing children’s behavioral
health services providers in the region. This member shall
be designated by the regional children’s advisory committee
formed by the governing board pursuant to paragraph “i” “f” .
The member designated in accordance with this paragraph
subparagraph shall serve in a nonvoting, ex officio capacity.
f. (3) The membership of the governing board shall also
consist of one One member representing the education system in
the region. This member shall be designated by the regional
children’s advisory committee formed by the governing board
pursuant to paragraph “i” “f” .
g. (4) The membership of the governing board shall also
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consist of one One member who is a parent of a child who
utilizes children’s behavioral health services or who is an
actively involved relatives relative of such children a child .
This member shall be designated by the regional children’s
advisory committee formed by the governing board pursuant to
paragraph “i” “f” .
h. e. The governing board shall have a regional advisory
committee consisting of adults who utilize services or actively
involved relatives of such adults, service providers, and
regional governing board members.
i. f. The governing board shall have a regional children’s
advisory committee consisting of parents of children who
utilize services or actively involved relatives of such
children, a member of the education system, an early childhood
advocate, a child welfare advocate, a children’s behavioral
health service provider, a member of the juvenile court, a
pediatrician, a child care provider, a local law enforcement
representative, and regional governing board members.
Sec. 178. Section 331.397A, subsection 5, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
A region shall ensure that services within the following
additional core service domains are available to children not
eligible for the medical assistance program under chapter 249A
or not receiving other third-party payment for the services,
when public funds are made available for such services:
Sec. 179. Section 331.606, subsection 3, Code 2020, is
amended to read as follows:
3. The county recorder may give the county sheriff the
records filed under this chapter or chapter 695, Code 1977 ,
pertaining to the sale and registration of weapons or may
dispose of those records if the sheriff does not wish to
receive the records.
Sec. 180. Section 335.4, Code 2020, is amended to read as
follows:
335.4 Areas and districts.
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For any and all of said purposes the The board of supervisors
may divide the county, or any area or areas within the county,
into districts of such number, shape, and area as may be
deemed best suited to carry out the purposes of this chapter ;
and within such districts it may regulate and restrict the
erection, construction, reconstruction, alteration, repair, or
use of buildings, structures or land. All such regulations
and restrictions shall be uniform for each class or kind of
buildings throughout each district, but the regulations in one
district may differ from those in other districts.
Sec. 181. Section 335.10, Code 2020, is amended to read as
follows:
335.10 Board of adjustment —— review and remand.
1. The board of supervisors shall provide for the
appointment of a board of adjustment, and in the regulations
and restrictions adopted pursuant to the authority of this
chapter shall provide that the said board of adjustment may,
in appropriate cases, and subject to appropriate conditions
and safeguards, make special exceptions to the terms of the
ordinances or regulations in harmony with its general purpose
and intent and in accordance with the general or specific
rules therein contained in the ordinances or regulations , and
provide that any property owner aggrieved by the action of the
board of supervisors in the adoption of such regulations and
restrictions may petition the said board of adjustment direct
to modify regulations and restrictions as applied to such
property owners.
2. The board of supervisors may provide for its review
of variances granted by the board of adjustment before their
effective date. The board of supervisors may remand a decision
to grant a variance to the board of adjustment for further
study. If remanded, the effective date of the variance is
delayed for thirty days from the date of the remand.
Sec. 182. Section 335.21, Code 2020, is amended to read as
follows:
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335.21 Trial to court.
1. If upon the hearing which shall be tried de novo it
shall appear to the court that testimony is necessary for
the proper disposition of the matter, it the court may take
evidence or appoint a referee to take such evidence as it the
court may direct and report the same evidence to the court
with the referee’s findings of fact and conclusions of law ,
which . The evidence and the referee’s findings and conclusions
shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may
reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
2. Costs shall not be allowed against the board unless
it shall appear to the court that it the board acted with
gross negligence or in bad faith or with malice in making the
decision appealed from.
Sec. 183. Section 347.9, subsections 1 and 3, Code 2020, are
amended to read as follows:
1. When it has been determined by the voters of a county
to establish a county public hospital, the board shall appoint
five or seven trustees chosen from among the resident citizens
of the county with reference to their fitness for office.
The appointed trustees shall hold office until the following
general election, at which time their successors shall be
elected, three for a term of four years and the remainder
for a term of two years, and they shall determine by lot
their respective terms, and thereafter their successors shall
be elected for regular terms of four years each , except as
provided in subsection 3 .
3. Trustees Notwithstanding subsections 1 and 2, trustees
in a county with a population of at least four hundred thousand
shall serve for a term of six years. A trustee elected to a
term of four years in or after January 2018 shall instead serve
a term of six years.
Sec. 184. Section 347.25, subsection 1, Code 2020, is
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amended to read as follows:
1. The election of hospital trustees whose offices are
established by this chapter or chapter 145A or 347A shall
take place at the general election on ballots which shall
not reflect a nominee’s political affiliation. Nomination
shall be made by petition in accordance with chapter 45 . The
petition form shall be furnished by the county commissioner
of elections, shall be signed by fifty eligible electors of
the county, and shall be filed with the county commissioner
of elections. A plurality is sufficient to elect hospital
trustees.
Sec. 185. Section 349.6, subsection 1, Code 2020, is amended
to read as follows:
1. The county auditor shall, on the direction of the board
while it is in session, open said the envelopes which have
been deposited as provided under section 349.5 . The board
may receive other evidence of circulation. In counties in
which two newspapers are to be selected, the two newspapers
showing the largest number of bona fide yearly subscribers
living within the county shall be selected as such official
newspapers. In counties in which three newspapers are to
be selected, the three showing the largest number of such
subscribers shall be selected except when such three newspapers
are all published in the same city, in which case the two
newspapers in such city having the largest lists of such
subscribers and the newspaper having the next largest list of
such subscribers and published outside such city, shall be
selected as such official newspapers.
Sec. 186. Section 349.8, Code 2020, is amended to read as
follows:
349.8 Tie lists.
When newspapers are, by equality of circulation, equally
entitled to such selection as an official newspaper , the board
shall, in the presence of the contestants, determine the
question by lot.
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Sec. 187. Section 357.3, Code 2020, is amended to read as
follows:
357.3 Scope of assessment.
The special assessment hereinafter provided for in this
chapter may be used to cover the costs of installing all the
necessary elements of a water system, for both production and
distribution.
Sec. 188. Section 357.26, Code 2020, is amended to read as
follows:
357.26 Duties of trustees.
It is anticipated that this law chapter will usually be
utilized to finance a distribution system where the source of
supply is without the district, and not under its control,
and that individuals within the district will pay water rent
to a municipality or corporation without the district. It is
intended that the trustees may so operate the utility as will
best serve the users, and they are expressly authorized to buy
and sell water, to fix the rates to consumers and make all
contracts reasonable or necessary to accomplish the purpose of
this chapter and to carry on all the operations incident to
maintaining and operating said utility and to the procuring
and furnishing of water to the consumers therein. If the
development of a source of supply is within the means of the
district, the trustees may install wells, tanks, meters and any
other equipment properly pertaining to operate it.
Sec. 189. Section 357.27, Code 2020, is amended to read as
follows:
357.27 Public property in district.
Whenever property of the state of Iowa, or any political
subdivision thereof, shall be included either wholly or in part
within such the water district and shall own the state of Iowa
or the political subdivision owns facilities which may be used
as a part of such water system, the executive council, board of
supervisors , or city council, as the case may be, may permit
such the use of said the facilities for such consideration and
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on such terms as may be agreed upon with the board of trustees.
Sec. 190. Section 357A.20, subsection 2, paragraph e, Code
2020, is amended to read as follows:
e. The district shall bring its operation and structure
in compliance with sections 357A.7 to through 357A.10 at the
first annual meeting of the participating members and board of
directors.
Sec. 191. Section 358.2, subsection 2, Code 2020, is amended
to read as follows:
2. No territory Territory shall not be included within more
than one sanitary district organized under this chapter , and
if any proposed sanitary district shall fail fails to receive
a majority of votes cast at any election thereon at which
the establishment of the district is proposed as hereinafter
provided in this chapter , no a petition shall not be filed for
establishment of such a sanitary district within one year from
the date of such previous election.
Sec. 192. Section 358.23, Code 2020, is amended to read as
follows:
358.23 Appeal to district court.
Any person aggrieved by any proceeding had by the board of
supervisors or by the board of trustees as herein provided in
this chapter in relation to any matter involving the person’s
rights not included under the provisions of section 358.22
may appeal to the district court of the county in which the
proceedings were had. Such appeals shall be governed in all
respects as is provided by pertinent sections under chapter
468, subchapter I, parts 1 to through 5 .
Sec. 193. Section 358.25, Code 2020, is amended to read as
follows:
358.25 Revenue bonds.
Sanitary districts incorporated under this chapter may
exercise the powers granted to counties in sections 331.462 to
through 331.470 , to issue revenue bonds for the purposes in
section 331.461, subsection 2 , paragraphs “b” and “c” .
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Sec. 194. Section 358.30, Code 2020, is amended to read as
follows:
358.30 Annexation of land by a city —— compensation.
A sanitary district shall be fairly compensated for losses
resulting from annexation by a city . The governing body of a
city or city utility and the board of trustees of the sanitary
district may agree to terms which provide that the facilities
owned by the sanitary district and located within the city
shall be retained by the sanitary district for the purpose
of sanitary service to customers outside the city. If an
agreement is not reached within ninety days, the issues may be
submitted to arbitration. If submitted, an arbitrator shall
be selected by a committee which includes one member of the
governing body of the city or its designee, one member of the
sanitary district’s board of trustees or its designee, and a
disinterested party selected by the other two members of the
committee. A list of qualified arbitrators may be obtained
from the American arbitration association or another recognized
arbitration organization or association.
Sec. 195. Section 359.6, Code 2020, is amended to read as
follows:
359.6 Petition —— remonstrance.
Such petition shall be accompanied by the affidavit of
three eligible electors, to the effect that all the signatures
to such petition are genuine, and that the signers thereof
are all eligible electors of said township, residing outside
said corporate limits. Remonstrances signed by such eligible
electors may also be presented at the hearing before the board
of supervisors hereinafter provided for in this subchapter , and
if the same persons petition and remonstrate, they shall be
counted on the remonstrance only.
Sec. 196. Section 359.15, Code 2020, is amended to read as
follows:
359.15 Hearing —— order.
If, at the time fixed for the hearing of said a petition
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filed under section 359.14 , the board be is satisfied that
there is a majority in favor of such the change of name, it the
board shall make an order granting the same name change , which
shall be attested by the auditor, and recorded in the office
of the recorder of the county.
Sec. 197. Section 359.30, Code 2020, is amended to read as
follows:
359.30 Cemetery and park tax.
They Township trustees shall, at the regular meeting
in November, levy a tax sufficient to pay for any lands so
condemned or purchased, or for the necessary improvement
and maintenance of cemeteries thus established, and for the
necessary improvement and the maintenance of public parks
acquired by gift, devise, or bequest under section 359.29 ,
or for the maintenance and improvement of cemeteries so
established in adjoining townships, in case they if the
trustees deem such action advisable.
Sec. 198. Section 359.31, Code 2020, is amended to read as
follows:
359.31 Power and control.
They Township trustees shall control any such cemeteries, or
appoint trustees for the same, or sell the same to any private
corporation for cemetery purposes.
Sec. 199. Section 359.32, Code 2020, is amended to read as
follows:
359.32 Sale of lots —— gifts.
They Township trustees shall have authority to provide for
the sale of lots or portions thereof, in any cemetery under
their control, and make rules in regard thereto , and . Township
trustees may provide for perpetual upkeep by the establishment
of a perpetual upkeep fund from the proceeds of sale of lots,
and may accept gifts, devise or bequest, made to them for that
purpose.
Sec. 200. Section 359.33, Code 2020, is amended to read as
follows:
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359.33 Tax for nonowned cemetery.
They Township trustees may levy a tax not to exceed six and
three-fourths cents per thousand dollars of assessed value
of taxable property to improve and maintain any cemetery not
owned by the township, provided the same cemetery is devoted
to general public use.
Sec. 201. Section 359.37, Code 2020, is amended to read as
follows:
359.37 Regulations.
1. The trustees, board of directors, or other officers
having the custody and control of any cemetery in this state,
shall have power, subject to the bylaws and regulations of such
cemetery, to do all of the following:
a. To enclose, improve, and adorn the ground of such
cemetery ; to .
b. To construct avenues in the same; to cemetery.
c. To erect proper buildings for the use of said the
cemetery ; to .
d. To prescribe rules for the improving or adorning the lots
therein, in the cemetery or for the erection of monuments or
other memorials of the dead upon such the lots ; and to .
e. To prohibit any use, division, improvement , or adornment
of a lot which they the trustees, directors, or officers may
deem improper.
2. The trustees, after such land has been advertised for
sealed bids by the trustees, shall have authority to sell and
dispose of any lands or parcels of lands heretofore previously
dedicated for cemetery purposes and which are no longer
necessary for such purposes, for the reason that no burials
are being made in such the cemetery , provided that . However,
any portion of said the cemetery in which burials have been
made shall be kept and maintained by said the trustees. The
proceeds from such sales shall be deposited in the tax fund
established in accordance with section 359.30 , to be used for
the purposes of that fund.
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Sec. 202. Section 376.1, Code 2020, is amended to read as
follows:
376.1 City election held.
1. A city shall hold a regular city election on the first
Tuesday after the first Monday in November of each odd-numbered
year. A city shall hold regular, special, primary, or runoff
city elections as provided by state law.
2. The mayor or council shall give notice of any special
election to the county commissioner of elections. The county
commissioner of elections shall publish notice of any city
election and conduct the election pursuant to the provisions
of chapters 39 to through 53 , except as otherwise specifically
provided in chapters 362 to through 392 . The results of any
election shall be canvassed by the county board of supervisors
and certified by the county commissioner of elections to the
mayor and the council of the city for which the election is
held.
Sec. 203. Section 376.3, Code 2020, is amended to read as
follows:
376.3 Nominations.
Candidates for elective city offices must be nominated as
provided in sections 376.4 to through 376.9 unless by ordinance
a city chooses the provisions of chapters 44 or 45 . However,
a city acting under a special charter in 1973 and having a
population of over fifty thousand shall continue to hold
partisan elections as provided in sections 43.112 to through
43.118 and 420.126 to through 420.137 unless the city by
election as provided in section 43.112 chooses to conduct city
elections under this chapter or chapter 44 or 45 . The choice
of one of these options by such a special charter city does not
otherwise affect the validity of the city’s charter. However,
special charter cities which choose to exercise the option
to conduct nonpartisan city elections may choose in the same
manner the original decision was made, to resume holding city
elections on a partisan basis.
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Sec. 204. Section 386.7, subsection 3, Code 2020, is amended
to read as follows:
3. If the council orders the construction of the
self-liquidating improvement, contracts for it the improvement
shall be let in accordance with chapter 26 .
Sec. 205. Section 388.3, subsection 3, Code 2020, is amended
to read as follows:
3. A public officer or a salaried employee of the city may
shall not serve on a utility board.
Sec. 206. Section 388.9, subsection 1, Code 2020, is amended
to read as follows:
1. Notwithstanding section 21.5, subsection 1 , the
governing body of a city utility or combined utility system,
or a city enterprise or combined city enterprise as defined in
section 384.80 , by a vote of two-thirds of the members of the
body or all of the members present at the meeting, may hold a
closed session to discuss marketing and pricing strategies or
proprietary information if its competitive position would be
harmed by public disclosure not required of potential or actual
competitors, and if no public purpose would be served by such
disclosure. The minutes and a tape an audio or audiovisual
recording of a session closed under this subsection shall be
available for public examination at that point in time when
the public disclosure would no longer harm the utility’s
competitive position.
Sec. 207. Section 390.3, Code 2020, is amended to read as
follows:
390.3 Hearing —— exception to general statutes.
1. Before a city may enter into or amend a joint agreement,
the governing body shall adopt a proposed form of agreement and
give notice and conduct a public hearing on the agreement in
the manner provided by sections 73A.1 to through 73A.11 , which
action shall be subject to appeal as provided in chapter 73A .
2. However, in the performance of a joint agreement,
the governing body is not subject to statutes generally
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applicable to public contracts, including hearings on
plans, specifications, form of contracts, costs, notice and
competitive bidding required under chapter 26 and section
384.103 , unless all parties to the joint agreement are cities
located within the state of Iowa.
Sec. 208. Section 400.14, Code 2020, is amended to read as
follows:
400.14 Civil service status of chiefs.
A police officer under civil service may be appointed
chief of police and a fire fighter under civil service may be
appointed chief of the fire department without losing civil
service status, and shall retain, while holding the office of
chief, the same civil service rights that the officer or fire
fighter may have had immediately previous to appointment as
chief, but nothing herein in this section shall be deemed to
extend to such individual any civil service right upon which
the individual may retain the position of chief.
Sec. 209. Section 403.2, subsection 1, Code 2020, is amended
to read as follows:
1. It is hereby found and declared that there exist in
municipalities of the state slum and blighted areas, as herein
defined in this chapter , which constitute a serious and growing
menace, injurious to the public health, safety, morals , and
welfare of the residents of the state; that the existence
of such areas contributes substantially and increasingly to
the spread of disease and crime, constitutes an economic and
social liability imposing onerous municipal burdens which
decrease the tax base and reduce tax revenues, substantially
impairs or arrests the sound growth of municipalities, retards
the provision of housing accommodations, aggravates traffic
problems and substantially impairs or arrests the elimination
of traffic hazards and the improvement of traffic facilities;
and that the prevention and elimination of slums and blighted
areas is a matter of state policy and state concern in order
that the state and its municipalities shall not continue to be
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endangered by areas which are focal centers of disease, promote
juvenile delinquency and consume an excessive proportion of
state revenues because of the extra services required for
police, fire, accident, hospitalization , and other forms of
public protection, services , and facilities.
Sec. 210. Section 403.4, unnumbered paragraph 1, Code 2020,
is amended to read as follows:
No A municipality shall not exercise the authority herein
conferred upon municipalities by this chapter until after
its local governing body shall have has adopted a resolution
finding that:
Sec. 211. Section 403.9, subsections 1 and 6, Code 2020, are
amended to read as follows:
1. A municipality shall have power to periodically issue
bonds in its discretion to pay the costs of carrying out
the purposes and provisions of this chapter , including but
not limited to the payment of principal and interest upon
any advances for surveys and planning, and the payment of
interest on bonds, herein authorized under this chapter , not
to exceed three years from the date the bonds are issued. The
municipality shall have power to issue refunding bonds for the
payment or retirement of such bonds previously issued by the
municipality. Said bonds shall be payable solely from the
income and proceeds of the fund and portion of taxes referred
to in section 403.19, subsection 2, and revenues and other
funds of the municipality derived from or held in connection
with the undertaking and carrying out of urban renewal projects
under this chapter . The municipality may pledge to the payment
of the bonds the fund and portion of taxes referred to in
section 403.19, subsection 2, and may further secure the
bonds by a pledge of any loan, grant, or contribution from
the federal government or other source in aid of any urban
renewal projects of the municipality under this chapter , or
by a mortgage of any such urban renewal projects, or any part
thereof, title which is vested in the municipality.
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6. In any suit, action , or proceeding involving the validity
or enforceability of any bond issued under this chapter or the
security therefor, any such bond reciting in substance that it
has been issued by the municipality in connection with an urban
renewal project, as herein defined in this chapter , shall be
conclusively deemed to have been issued for such purpose and
such project shall be conclusively deemed to have been planned,
located , and carried out in accordance with the provisions of
this chapter .
Sec. 212. Section 403.14, subsection 1, Code 2020, is
amended to read as follows:
1. A municipality may itself exercise its urban renewal
project powers, as herein defined in this section , or may,
if the local governing body by resolution determines such
action to be in the public interest, elect to have such
powers exercised by the urban renewal agency, if one exists
or is subsequently established in the community. In the
event the local governing body makes such determination,
the urban renewal agency shall be vested with all of the
urban renewal project powers in the same manner as though
all such powers were conferred on such agency instead of the
municipality. If the local governing body does not elect to
make such determination, the municipality in its discretion may
exercise its urban renewal project powers through a board or
commissioner, or through such officers of the municipality as
the local governing body may by resolution determine.
Sec. 213. Section 403.16, unnumbered paragraph 1, Code
2020, is amended to read as follows:
No public official or employee of a municipality, or board
or commission thereof, and no commissioner or employee of an
urban renewal agency, which has been vested by a municipality
with urban renewal project powers under section 403.14 , shall
voluntarily acquire any personal interest, as hereinafter
defined described in this section , whether direct or indirect,
in any urban renewal project, or in any property included
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or planned to be included in any urban renewal project of
such municipality, or in any contract or proposed contract
in connection with such urban renewal project. Where such
acquisition is not voluntary, the interest acquired shall
be immediately disclosed in writing to the local governing
body, and such disclosure shall be entered upon the minutes
of the governing body. If any such official, commissioner ,
or employee presently owns or controls, or has owned or
controlled within the preceding two years, any interest, as
hereinafter defined described in this section , whether direct
or indirect, in any property which the official, commissioner ,
or employee knows is included or planned to be included in an
urban renewal project, the official, commissioner , or employee
shall immediately disclose this fact in writing to the local
governing body, and such disclosure shall be entered upon
the minutes of the governing body; and any such official,
commissioner , or employee shall not participate in any action
by the municipality, or board or commission thereof, or urban
renewal agency affecting such property, as the terms of such
proscription are hereinafter defined which is proscribed in
this section . For the purposes of this section the following
definitions and standards of construction shall apply:
Sec. 214. Section 414.13, Code 2020, is amended to read as
follows:
414.13 Decision on appeal.
In exercising the above-mentioned powers such enumerated
in section 414.12, the board of adjustment may, in conformity
with the provisions of this chapter , reverse or affirm, wholly
or partly, or may modify the order, requirement, decision,
or determination appealed from and may make such order ,
requirement, decision, or determination as ought to be made,
and to that end shall have all the powers of the officer from
whom the appeal is taken.
Sec. 215. Section 420.43, subsection 2, Code 2020, is
amended to read as follows:
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2. This section shall not be construed as depriving boards
of supervisors, county auditors, and county treasurers of their
powers to spread tax levies and collect taxes certified by
cities acting under special charter as provided in section
420.206 and other state law. Nothing contained herein in
this section shall be deemed to affect the procedure for the
assessment of property by the city or county assessor.
Sec. 216. Section 420.224, Code 2020, is amended to read as
follows:
420.224 Limitation on resale by city.
Property which may be sold at tax sale to any such
city shall not be offered at any sale for taxes or special
assessments, collectible by such city, while it holds the
certificate of purchase thereof or tax deed thereon except
that if any special assessment or installment thereof levied
by any such city prior to April 22, 1941, shall be or become
delinquent after purchase of such property at tax sale by the
city, then the property against which the same was levied may
be sold therefor only at the first regular tax sale of such
city occurring within such a period of time after delinquency
that sale for such assessment or installment might lawfully
be made at such first regular tax sale . Nothing in sections
420.220 to through 420.223, this section, or sections 420.225
through 420.229 shall prevent the sale of property for any
unpaid taxes collectible by the county.
Sec. 217. Section 420.226, Code 2020, is amended to read as
follows:
420.226 City clerk makes purchases.
The city clerk shall act on behalf of the city under general
or specific resolutions of its city council in making the
purchases at tax sale hereby authorized under this subchapter .
Sec. 218. Section 420.228, Code 2020, is amended to read as
follows:
420.228 City may compromise tax —— effect.
For the purpose of collecting and realizing on account
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of delinquent taxes and special assessments collectible by
it a city as fully and expeditiously as deemed possible in
the judgment of its city council , any such city is hereby
authorized to settle, compromise, and adjust any general tax,
then having been delinquent for a period of two years or more
and any special assessment then having been delinquent in whole
or as to any installment thereof for a period of two years
or more , and, in . In connection with any such settlement,
compromise , or adjustment, the city is also authorized to
accept a conveyance of real property and extend the time for
payment of any installment of any special assessment. If any
special assessment shall be is reduced in amount in connection
with any such settlement, compromise, or adjustment, the full
amount of the reduction shall thereby become an obligation of
such the city to the special assessment fund into which such
assessment was payable. The lien or charge created by law for
the payment of any special assessment certificates or bonds
against any special assessment so reduced in amount or against
the proceeds thereof shall remain in effect against the balance
of such special assessment and the proceeds of such balance.
All such settlements, compromises, and adjustments heretofore
effected are hereby ratified and validated.
Sec. 219. Section 420.235, Code 2020, is amended to read as
follows:
420.235 Tax receipt.
1. The collector or treasurer shall in all cases make out
and deliver to the taxpayer a receipt, which receipt shall
contain the description and the assessed value of each lot
and parcel of real estate, and the assessed value of personal
property, and in case the property has been sold for taxes and
not redeemed, the date of such sale and to whom sold, also the
amount of taxes, interest, and costs paid ; and the .
2. The collector or treasurer shall give separate receipts
for each year ; whereupon the collector or treasurer and shall
make proper entries of such payments on the books of the
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collector’s or treasurer’s office.
Sec. 220. Section 420.238, Code 2020, is amended to read as
follows:
420.238 Redemption —— terms.
Real property sold under the provisions of this chapter , or
by virtue of any other power heretofore given, may be redeemed
before the time of redemption expires, as hereinafter provided
in this chapter , by payment to the treasurer, collector, or
person authorized to receive the same, to payment. The payment
shall be held by the treasurer, collector , or other authorized
person subject to the order of the purchaser on surrender of
the certificate, or in case if the same certificate is lost
and or destroyed, on the purchaser’s making affidavit of such
fact, and of the further fact that it the certificate was not
assigned, of the amount for which the same real property was
sold, and ten percent of such amount immediately added as a
penalty, with eight percent per annum on the whole amount thus
made from the day of sale, and the amount of all taxes, either
general or special, with interest and costs, paid at any time
by the purchaser or the purchaser’s assignee subsequent to the
sale, and a similar penalty of ten percent added as before on
the amount of the payment made at any subsequent time, with
eight percent interest per annum on the whole of such amount
or amounts from the day or days of payment; provided that such
penalty for the nonpayment of the taxes at any subsequent time
or times shall not attach, unless such subsequent tax or taxes
shall have remained unpaid for thirty days after they became
delinquent.
Sec. 221. Section 422.19, Code 2020, is amended to read as
follows:
422.19 Scope of nonresidents tax.
The tax herein imposed under this subchapter upon certain
income of nonresidents shall apply to all such income actually
received by such nonresident regardless of when such income was
earned. If the nonresident is reporting on the accrual basis
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it shall apply to all such income which first became available
to the nonresident so that the nonresident might demand payment
thereof regardless of when such income was earned. The duty to
withhold herein imposed under this subchapter upon withholding
agents shall apply only to amounts paid after June 30, 1937.
Sec. 222. Section 422.20, subsections 1 and 2, Code 2020,
are amended to read as follows:
1. a. It shall be unlawful for any present or former
officer or employee of the state to divulge or to make known
in any manner whatever not provided by law to any person the
amount or source of income, profits, losses, expenditures, or
any particular thereof, set forth or disclosed in any income
return, or to permit any income return or copy thereof or any
book containing any abstract or particulars thereof to be seen
or examined by any person except as provided by law ; and it .
b. It shall be unlawful for any person to print or publish
in any manner whatever not provided by law any income return,
or any part thereof or source of income, profits, losses, or
expenditures appearing in any income return ; and any .
c. Any person committing an offense against the foregoing
provision described in this subsection shall be guilty of a
serious misdemeanor. If the offender is an officer or employee
of the state, such person shall also be dismissed from office
or discharged from employment.
d. Nothing herein in this section shall prohibit turning
over to duly authorized officers of the United States or tax
officials of other states state information and income returns
pursuant to agreement between the director and the secretary of
the treasury of the United States or the secretary’s delegate
or pursuant to a reciprocal agreement with another state.
2. It is unlawful for an officer, employee, or agent, or
former officer, employee, or agent of the state to disclose
to any person, except as authorized in subsection 1 of this
section , any federal tax return or return information as
defined in section 6103(b) of the Internal Revenue Code. It
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is unlawful for a person to whom any federal tax return or
return information, as defined in section 6103(b) of the
Internal Revenue Code, is disclosed in a manner unauthorized
by subsection 1 of this section to thereafter print or publish
in any manner not provided by law any such return or return
information. A person violating this provision subsection is
guilty of a serious misdemeanor.
Sec. 223. Section 422.21, subsection 3, Code 2020, is
amended to read as follows:
3. The department shall make available to persons required
to make personal income tax returns under the provisions of
this chapter , and when such income is derived mainly from
salaries and wages or from the operation of a business or
profession, a form which shall take into consideration the
normal deductions and credits allowable to any such taxpayer,
and which will permit the computation of the tax payable
without requiring the listing of specific deductions and
credits. In arriving at schedules for payment of taxation
under such forms the department shall as nearly as possible
base such schedules upon a total of deductions and credits
which will result in substantially the same payment as
would have been made by such taxpayer were the taxpayer to
specifically list the taxpayer’s allowable deductions and
credits. In lieu of such return any taxpayer may elect to
list permissible deductions and credits as provided by law.
It is the intent and purpose of this provision to simplify
the procedure of collection of personal income tax, and the
director shall have the power in any case when deemed necessary
or advisable to require any taxpayer, who has made a return
in accordance with the schedule herein provided for in this
section , to make an additional return in which all deductions
and credits are specifically listed. The department may revise
the schedules adopted in connection with such simplified form
whenever such revision is necessitated by changes in federal
income tax laws, or to maintain the collection of substantially
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the same amounts from taxpayers as would be received were the
specific listing of deductions and credits required.
Sec. 224. Section 422.33, subsection 3, Code 2020, is
amended to read as follows:
3. If any taxpayer believes that the method of allocation
and apportionment hereinbefore prescribed in subsections 1A
and 2 , as administered by the director and applied to the
taxpayer’s business, has operated or will so operate as to
subject the taxpayer to taxation on a greater portion of
the taxpayer’s net income than is reasonably attributable
to business or sources within the state, the taxpayer shall
be entitled to file with the director a statement of the
taxpayer’s objections and of such alternative method of
allocation and apportionment as the taxpayer believes to be
proper under the circumstances with such detail and proof and
within such time as the director may reasonably prescribe; and
if the director shall conclude that the method of allocation
and apportionment theretofore employed is in fact inapplicable
and inequitable, the director shall redetermine the taxable
income by such other method of allocation and apportionment as
seems best calculated to assign to the state for taxation the
portion of the income reasonably attributable to business and
sources within the state, not exceeding, however, the amount
which would be arrived at by application of the statutory rules
for apportionment.
Sec. 225. Section 422.38, Code 2020, is amended to read as
follows:
422.38 Statutes governing corporations.
All the provisions of sections 422.15 to through 422.22 of
division II, insofar as the same are applicable, shall apply to
corporations taxable under this division .
Sec. 226. Section 422.39, Code 2020, is amended to read as
follows:
422.39 Statutes applicable to corporation tax.
All the provisions of sections 422.24 to through 422.27 of
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division II, respecting payment and collection, shall apply in
respect to the tax due and payable by a corporation taxable
under this division .
Sec. 227. Section 423.3, subsection 29, Code 2020, is
amended by striking the subsection.
Sec. 228. Section 423.3, subsection 47A, Code 2020, is
amended to read as follows:
47A. The sales price from the sale or rental of central
office equipment or transmission equipment primarily used
by local exchange carriers and competitive local exchange
service providers as defined in section 476.96 , Code 2017 ;
by franchised cable television operators, mutual companies,
municipal utilities, cooperatives, and companies furnishing
communications services that are not subject to rate regulation
as provided in chapter 476 ; by long distance companies as
defined in section 477.10 ; or for a commercial mobile radio
service as defined in 47 C.F.R. §20.3 in the furnishing of
telecommunications services on a commercial basis. For the
purposes of this subsection , “central office equipment” means
equipment utilized in the initiating, processing, amplifying,
switching, or monitoring of telecommunications services.
“Transmission equipment” means equipment utilized in the process
of sending information from one location to another location.
“Central office equipment” and “transmission equipment” also
include ancillary equipment and apparatus which support,
regulate, control, repair, test, or enable such equipment to
accomplish its function.
Sec. 229. Section 423F.3, subsection 6, Code 2020, is
amended to read as follows:
6. a. (1) For purposes of this chapter , “school
infrastructure” means those activities authorized in section
423E.1, subsection 3, Code 2007 .
b. (2) Additionally, “school infrastructure” includes
the payment or retirement of outstanding bonds previously
issued for school infrastructure purposes as defined in this
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subsection , and the payment or retirement of bonds issued under
sections 423E.5 and 423F.4 .
c. (3) Additionally, “school infrastructure” includes
the acquisition or installation of information technology
infrastructure. For purposes of this paragraph subparagraph ,
“information technology infrastructure” means the basic,
underlying physical framework or system necessary to deliver
technology connectivity to a school district and to network
school buildings within a school district.
d. (4) Additionally, “school infrastructure” includes
school safety and security infrastructure. For purposes
of this paragraph subparagraph , “school safety and security
infrastructure” includes but is not limited to safe rooms,
remote entry technology and equipment, security camera systems,
card access systems, and communication systems with access
to fire and police emergency frequencies. For purposes of
this paragraph subparagraph , “school safety and security
infrastructure” does not include the cost of personnel,
development of safety and security plans, or training related
to the implementation of safety and security plans.
b. It is the intent of the general assembly that each school
district prioritize the use of revenues under this chapter for
secure entries for the district’s attendance centers before
expending such revenues for athletic facility infrastructure
projects.
e. c. A school district that uses secure an advanced vision
for education fund moneys for school infrastructure shall
comply with the state building code in the absence of a local
building code.
Sec. 230. Section 425.8, subsection 1, Code 2020, is amended
to read as follows:
1. The director of revenue shall prescribe the form
for the making of a verified statement and designation of
homestead, the form for the supporting affidavits required
herein, and such other forms as may be necessary for the proper
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administration of this chapter . Whenever necessary, the
department of revenue shall forward to the county auditors of
the several counties in the state the prescribed sample forms,
and the county auditors shall furnish blank forms prepared in
accordance therewith with the assessment rolls, books, and
supplies delivered to the assessors. The department of revenue
shall prescribe and the county auditors shall provide on the
forms for claiming the homestead credit a statement to the
effect that the owner realizes that the owner must give written
notice to the assessor when the owner changes the use of the
property.
Sec. 231. Section 425.16, Code 2020, is amended to read as
follows:
425.16 Additional tax credit.
In addition to the homestead tax credit allowed under
section 425.1, subsections 1 to through 4 , persons who own or
rent their homesteads and who meet the qualifications provided
in this subchapter are eligible for an extraordinary property
tax credit or reimbursement.
Sec. 232. Section 434.10, Code 2020, is amended to read as
follows:
434.10 Reports additional.
The reports provided for in sections 434.7 to through 434.9
are not in lieu of, but in addition to, the reports provided
for by law, and they shall be made at the time and as a part of
the reports already required.
Sec. 233. Section 434.12, Code 2020, is amended to read as
follows:
434.12 Refusal to obey.
If any railway company shall fail or refuse to obey or
conform to the rules, regulations, method, and requirements
so made or prescribed by the director of revenue under the
provisions of sections 434.7 to through 434.11 or to make
the reports therein provided, the department of revenue
shall proceed to assess the property of such railway company
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so failing or refusing, according to the best information
obtainable, and shall then add to the taxable valuation of such
railway company twenty-five percent thereof, which valuation
and penalty shall be separately shown, and together shall
constitute the assessment for that year.
Sec. 234. Section 434.18, Code 2020, is amended to read as
follows:
434.18 Plats.
Every railroad company owning or operating a line of
railroad within this state shall, on or before the first day of
August 1902, place on file in the office of the county auditor
of each county in the state into which any part of the lines of
any said company lies, a plat of the lines of said companies
within said county, showing the length of their said lines and
the area of the land owned or occupied by said companies in
each government subdivision of land not included within the
platted portion of any city, within each of said counties, and
the length of the said lines within the platted portion of
cities. Companies having on file such plats of part or all of
their lines, in any of said counties, shall be required to file
plats only of that part of their lines not fully shown as above
required on the plats now on file. On the first day of January
of each year hereafter , like plats shall be filed of all new
lines or extensions of existing lines built or completed within
the calendar year preceding.
Sec. 235. Section 437A.3, subsection 3, Code 2020, is
amended to read as follows:
3. “Centrally assessed property tax” means property tax
imposed with respect to the value of property determined by the
director pursuant to section 427.1, subsection 2, Code 1997 ,
section 428.29, Code 1997 , and chapters chapter 437 , Code 1997,
and chapter 438, Code 1997 , and allocated to electric service
and natural gas service. For purposes of this subsection ,
“natural gas service” means such service provided by natural gas
pipelines permitted pursuant to chapter 479 .
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Sec. 236. Section 452A.66, subsection 2, Code 2020, is
amended to read as follows:
2. All the provisions of section 422.26 shall apply in
respect to the taxes, penalties, interest, and costs imposed
by this chapter excepting that as applied to any tax imposed
by this chapter , the lien provided in section 422.26 shall be
prior and paramount over all subsequent liens upon any personal
property within this state, or right to such personal property,
belonging to the taxpayer without the necessity of recording
as therein provided in section 422.26 . The requirements for
recording shall, as applied to the tax imposed by this chapter ,
apply only to the liens upon real property. When requested to
do so by any person from whom a taxpayer is seeking credit,
or with whom the taxpayer is negotiating the sale of any
personal property, or by any other person having a legitimate
interest in such information, the director shall, upon being
satisfied that such a situation exists, inform such person as
to the amount of unpaid taxes due by such taxpayer under the
provisions of this chapter . The giving of such information
under such circumstances shall not be deemed a violation of
section 452A.63 as applied to this chapter .
Sec. 237. Section 453A.20, Code 2020, is amended to read as
follows:
453A.20 Subpoena for witnesses and papers.
For the purpose of enforcing the provisions of this chapter
and of detecting violations thereof, the director shall have
the power to administer oaths and to require by subpoena the
attendance and testimony of witnesses and the production of
all relevant books, papers, and records. Such attendance and
production may be required at the statehouse at Des Moines,
or at any place convenient for such investigation. In case
any person fails or refuses to obey a subpoena so issued, the
director may procure an order from the district court in the
county where such person resides, or where such person is
found, requiring such person to appear for examination and/or
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or to produce such books, papers, and records as are required
in the subpoena. Failure to obey such order shall be punished
by such court as contempt thereof.
Sec. 238. Section 453A.33, Code 2020, is amended to read as
follows:
453A.33 Seizure not to affect criminal prosecution.
The seizure, forfeiture, and sale of cigarettes, tobacco
products, and other property under the terms and conditions
hereinabove set out in section 453A.32 , shall not constitute
any defense to the person owning or having control or
possession of the property from criminal prosecution for any
act or omission made or offense committed under this chapter or
from liability to pay penalties provided by this chapter .
Sec. 239. Section 453A.44, subsection 6, Code 2020, is
amended to read as follows:
6. A distributor or subjobber applying for a license between
January 1 and June 30 of any year shall be required to pay
only one-half of the license fee provided for herein in this
section .
Sec. 240. Section 455B.137, Code 2020, is amended to read
as follows:
455B.137 Privileged information.
Information received by the department or any employees
of the department through filed reports, inspections, or as
otherwise authorized in this division II or chapter 459,
subchapter II , concerning trade secrets, secret industrial
processes, or other privileged communications, except
emission data, shall not be disclosed or opened to public
inspection, except as may be necessary in a proceeding
concerning a violation of said division or of any rules
promulgated thereunder, or as otherwise authorized or ordered
by appropriate court action or proceedings. Nothing herein
in this section shall be construed to prevent the director
from compiling or publishing analyses or summaries relating to
the general condition of the atmosphere; provided that such
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analyses or summaries do not reveal any information otherwise
confidential under this section .
Sec. 241. Section 455B.340, Code 2020, is amended to read
as follows:
455B.340 Penalty.
Any person who violates any provisions of this part 2 of
division IV or rules adopted under this part 2 , or any order of
the department or director issued pursuant to said this part 2 ,
shall be guilty of a serious misdemeanor and, in addition, the
person may be enjoined from continuing such violation. Each
day of continued violation after notice that a violation is
being committed shall constitute a separate violation.
Sec. 242. Section 455B.476, subsection 1, Code 2020, is
amended to read as follows:
1. If there is substantial evidence that a person has
violated or is violating a provision of this part or a rule
adopted under this part , the director may issue an order
directing the person to desist in the practice which that
constitutes the violation , and to take corrective action as
necessary to ensure that the violation will cease, and may
impose appropriate administrative penalties pursuant to section
455B.109 . The person to whom the order is issued may appeal
the order to the commission as provided in chapter 17A . On
appeal, the commission may affirm, modify, or vacate the order
of the director. The applicable time frames for the issuance
and appeal of the order are defined in section 455B.110 .
Sec. 243. Section 455D.23, Code 2020, is amended to read as
follows:
455D.23 Administrative enforcement —— compliance orders.
The director may issue any order necessary to secure
compliance with or prevent a violation of the provisions of
this chapter or any rule adopted or permit or order issued
pursuant to this chapter . Any order issued to enforce section
455D.4A may include a requirement to remove and properly
dispose of materials being accumulated speculatively from a
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property and impose costs and penalties as determined by the
department by rule. The person to whom such a compliance
order is issued under this section may cause to be commenced a
contested case within the meaning of chapter 17A by filing a
notice of appeal to the commission. On appeal, the commission
may affirm, modify, or vacate the order of the director. The
applicable time frames for the issuance and appeal of the order
are defined in section 455B.110 .
Sec. 244. Section 455E.11, subsection 2, paragraph b,
subparagraph (2), Code 2020, is amended by striking the
subparagraph.
Sec. 245. Section 456.5, Code 2020, is amended to read as
follows:
456.5 Authority to enter lands.
For the purpose of carrying on the aforesaid investigations ,
the state geologist and the state geologist’s assistants and
employees shall have authority to enter and cross all lands
within the state; provided that in so doing no damage is done
to private property.
Sec. 246. Section 458A.11, subsection 4, Code 2020, is
amended to read as follows:
4. Any notice required by this chapter shall be given at
the election of the department either by personal service or by
letter to the last recorded address and one publication in a
newspaper of general circulation in the state capital city and
in a newspaper of general circulation in the county where the
land affected or some part of the land is situated. The notice
shall issue in the name of the state, shall be signed by the
director, shall specify the style and number of the proceeding ,
and the time and place of the hearing, and shall briefly state
the purpose of the proceeding. Should the department elect to
give notice by personal service, the service may be made by any
officer authorized to serve process, or by any agent of the
department, in the same manner as is provided by law for the
service of original notices in civil actions in the district
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court of the state. Proof of the service by such agent shall be
by the affidavit of the person making personal service.
Sec. 247. Section 461A.31, Code 2020, is amended to read as
follows:
461A.31 Sale of islands.
No islands Islands in any of the meandered streams and lakes
of this state or in any of the waters bordering upon this state
shall hereafter not be sold, except with the majority vote of
the executive council upon the majority recommendation of the
commission , and in . In the event that any of such islands are
sold as herein provided in this section, the proceeds thereof
of the sale shall become a part of the funds to be expended
under the terms and provisions of this chapter .
Sec. 248. Section 461A.77, Code 2020, is amended to read as
follows:
461A.77 Prohibited near borders of state.
In order to reduce the possibility of affecting conservation
measures to flood control projects which may be in progress in
other states, water recreational areas shall not be established
hereunder under this subchapter within seventy miles of the
border of any other state.
Sec. 249. Section 462A.27, Code 2020, is amended to read as
follows:
462A.27 Removal of nonpermanent structures.
Every structure, not considered a permanent structure by the
commission or excepted by the rules of the commission, shall
be removed from the waters, ice, or land of this state under
the jurisdiction of the commission on or before December 15 of
each year. Failure to comply with this section shall cause
the structure to be declared a public nuisance and disposition
shall be in accordance with sections 483A.32 to through
483A.34 .
Sec. 250. Section 466B.2, subsection 2, Code 2020, is
amended by striking the subsection.
Sec. 251. Section 468.20, Code 2020, is amended to read as
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follows:
468.20 Adjournment for service —— jurisdiction retained.
If at the date set for hearing, it shall appear appears that
any person entitled to notice has not been properly served with
notice, the board may postpone said the hearing and set another
time for the same not less than thirty days from said the
original hearing date , and notice . Notice of such hearing as
hereinbefore provided shall be served on such omitted parties
in the manner provided in sections 468.15 through 468.18 . By
fixing such a new date for hearing and the adjournment of said
adjourning the proceeding to said the new date, the board
shall not lose jurisdiction of the subject matter of said the
proceeding nor of any parties already served with notice.
Sec. 252. Section 468.22, Code 2020, is amended to read as
follows:
468.22 Establishment —— further investigation.
1. a. If the board shall find that such petition complies
with the requirements of law in form and substance, and that
such improvement would be conducive to the public health,
convenience, welfare, benefit, or utility, and that the cost
thereof is not excessive, and no claim shall have been filed
for damages, it the board may locate and establish the said
district in accordance with the recommendation of the engineer
and the report and plans on file ; or it .
b. The board may refuse to establish the proposed district
if it deem best, or it may direct the engineer or another
one employed for that purpose to make further examinations,
surveys, plats, profiles, and reports for the modification
of said plans, or for new plans in accordance with sections
468.11 and 468.12 , and continue further hearing to a fixed
date. All parties over whom the board then has jurisdiction
shall take notice of such further hearing; but any new parties
rendered necessary by any modification or change of plans shall
be served with notice in the same manner as for the original
establishment of a district.
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2. The county auditor shall appoint three appraisers as
provided for in section 468.24 to assess the value of the
right-of-way required for open ditches or other improvements.
Sec. 253. Section 468.75, Code 2020, is amended to read as
follows:
468.75 Form.
Each of such bonds shall be numbered and have printed upon
its face that it is a “Drainage Bond”, stating the county and
number of the district for which it is issued, the date and
maturity thereof, that it is in pursuance of a resolution
of the board of supervisors, and that it is to be paid only
from taxes for levee and drainage improvement purposes levied
and collected on the lands assessed for benefits within the
district for which the bond is issued.
Sec. 254. Section 468.184, subsection 10, Code 2020, is
amended to read as follows:
10. a. All proceedings taken prior to July 1, 1968,
purporting to establish or reestablish a drainage or levee
district or districts, or to enlarge or change the boundaries
of any drainage or levee district, and any assessments not
heretofore declared invalid by any court, are hereby legalized,
validated, and confirmed.
b. The foregoing Paragraph “a” shall not be construed to
affect any litigation that may be pending at the time this
section becomes effective on July 1, 1968, involving the
establishment, reestablishment, enlargement, or change in
boundaries or any assessments of drainage or levee districts.
Sec. 255. Section 468.293, Code 2020, is amended to read as
follows:
468.293 Failure of board to act.
When the establishment of a district, extending into two or
more counties, is petitioned for as hereinbefore provided in
this part and one or more of such boards fails to take action
thereon, the petitioners may cause notice in writing to be
served upon the chairperson of each board demanding that action
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be taken upon the petition within twenty days from and after
the service of such notice.
Sec. 256. Section 468.396, Code 2020, is amended to read as
follows:
468.396 Cost of maintaining.
The board of supervisors shall have the right and power to
keep and maintain any such levee, ditches, drains, or system
of drainage, either in whole or in part, established under
sections 468.390 through 468.395 , as may in their judgment be
required, and to levy the expense thereof upon the real estate
within such drainage district as herein provided for in this
part , and collect and expend the same; provided, however, that
no such work which shall impose a tax exceeding three dollars
and thirty-seven and one-half cents per thousand dollars on
the assessable value of the lands and improvements within the
district shall be authorized by them the board , unless the same
work is first petitioned for and authorized in substantially
the manner required by this part for the inauguration of new
work except that . However, if such work is of the kinds
contemplated by section 468.126 , and the cost thereof is within
the limitations of said section 468.126 , or is of the kinds
contemplated by section 468.188 , and the cost thereof is within
the limitations of said section 468.188 , then the provisions
of section 468.126 or section 468.188 shall supersede the
limitations of this section .
Sec. 257. Section 468.557, Code 2020, is amended to read as
follows:
468.557 Effect of extension.
The extension of the time of payment of any unpaid
assessments or installment or installments thereof, in the
manner aforesaid provided in section 468.556, shall in no way
impair the lien of said assessments as originally levied or
the priority thereof, nor the right, duty, and power of the
officers authorized by law to levy, collect, and apply the
proceeds thereof to the payment of said drainage refunding
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bonds.
Sec. 258. Section 468.626, Code 2020, is amended to read as
follows:
468.626 Original plat filed.
In lieu of making the record as herein provided in section
468.623, any landowner may file with the county recorder the
original plat used in the establishment of the drainage system,
or a copy of the plat, which shall be certified by the engineer
having made the same. If practicable, a plat filed under this
section shall be made a matter of record and shall contain the
applicable entries specified in sections 558.49 and 558.52 .
Sec. 259. Section 468.627, Code 2020, is amended to read as
follows:
468.627 Record not part of title.
The drainage records herein provided for in this subchapter
shall not be construed as an essential part of the title to
said lands, but may upon request be set out by abstracters as
part of the record title of said lands.
Sec. 260. Section 473.1, subsection 3, Code 2020, is amended
by striking the subsection.
Sec. 261. Section 474.2, Code 2020, is amended to read as
follows:
474.2 Certain persons barred from office.
No A person in the employ of who is employed by any common
carrier or other public utility , or owning who owns any bonds,
stock, or property in any public utility shall not be eligible
to hold the office of utilities board member or chief operating
officer of the utilities board. The entering A member or chief
operating officer who enters into the employ of employment with
any common carrier or other public utility or the acquiring of
who acquires any stock or other interest in any common carrier
or other public utility by such member or chief operating
officer after appointment shall disqualify the as a member or
chief operating officer to hold shall be disqualified from
holding or perform performing the duties of the office.
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Sec. 262. Section 476.2, subsection 1, Code 2020, is amended
to read as follows:
1. The board shall have broad general powers to effect the
purposes of this chapter notwithstanding the fact that certain
specific powers are hereinafter set forth in this section . The
board shall have authority to issue subpoenas and to pay the
same fees and mileage as are payable to witnesses in the courts
of record of general jurisdiction and shall establish all
needful, just and reasonable rules, not inconsistent with law,
to govern the exercise of its powers and duties, the practice
and procedure before it, and to govern the form, contents and
filing of reports, documents and other papers provided for in
this chapter or in the board’s rules. In the establishment,
amendment, alteration or repeal of any of such rules, the board
shall be subject to the provisions of chapter 17A .
Sec. 263. Section 476.4, subsection 3, Code 2020, is amended
to read as follows:
3. Every rate, charge, rule, and regulation contained in
any filing made with the commission on or prior to July 4,
1963, shall be effective as of such date, subject, however,
to investigation as herein provided in this chapter . If any
such filing is made prior to the time the commission prescribes
rules as aforesaid, and if such filing does not comply as to
form or substance with such rules, then the public utility
which filed the same shall within a reasonable time after the
adoption of such rules make a new filing or filings complying
with such rules, which new filing or filings shall be deemed
effective as of July 4, 1963.
Sec. 264. Section 476.6, subsection 2, Code 2020, is amended
to read as follows:
2. Written notice of increase. All public utilities,
except those exempted from rate regulation by section 476.1
and telecommunications service providers registered pursuant
to section 476.95A , shall give written notice of a proposed
increase of any rate or charge to all affected customers served
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by the public utility no more than sixty-two days prior to
and prior to the time the application for the increase is
filed with the board. Public utilities exempted from rate
regulation by section 476.1 , except telecommunications service
providers registered pursuant to section 476.95A , shall give
written notice of a proposed increase of any rate or charge to
all affected customers served by the public utility at least
thirty days prior to the effective date of the increase. If
the public utility is subject to rate regulation, the notice
to affected customers shall also state that the customer has
a right to file a written objection to the rate increase and
that the affected customers may request the board to hold a
public hearing to determine if the rate increase should be
allowed. The board shall prescribe the manner and method that
the written notice to each affected customer of the public
utility shall be served.
Sec. 265. Section 476.55, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
Notwithstanding section 476.1D , the board may receive
a complaint from a local exchange carrier that another
local exchange carrier has engaged in an activity that is
inconsistent with antitrust laws and the policies which
underlie them. For purposes of this subsection , “local exchange
carrier” means the same as defined in section 476.96 , Code 2017,
and includes a city utility authorized pursuant to section
388.2 to provide local exchange services. If, after notice and
opportunity for hearing, the board finds that a local exchange
carrier has engaged in an activity that is inconsistent with
antitrust laws and the policies which underlie them, the board
may order any of the following:
Sec. 266. Section 489.701A, subsection 2, paragraph b, Code
2020, is amended to read as follows:
b. If the limited liability company has delivered to the
secretary of state for filing a statement of dissolution and
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any of the following applies:
(1) The If the statement has not become effective, delivery
to the secretary of state for filing of a statement of
withdrawal under section 489.205 applicable to the statement
of dissolution.
(2) If the statement of dissolution has become effective,
delivery to the secretary of state for filing of a statement of
rescission stating the name of the company and that dissolution
has been rescinded under this section .
Sec. 267. Section 489.701A, subsection 3, Code 2020, is
amended to read as follows:
3. If a limited liability company rescinds its dissolution
all of the following apply:
a. The company resumes shall resume carrying on its
activities and affairs as if the dissolution had never
occurred.
b. Subject to paragraph “c” , any liability incurred by the
company after the dissolution and before the rescission has
become effective is shall be determined as if dissolution had
never occurred.
c. The rights of a third party arising out of conduct in
reliance on the dissolution before the third party knew or had
notice of the rescission may must not be adversely affected.
Sec. 268. Section 489.1105, subsection 2, Code 2020, is
amended by adding the following new paragraph:
NEW PARAGRAPH . c. For purposes of this section, marital
and family therapy, mental health counseling, psychology, and
social work shall be deemed to be professions which could
lawfully be practiced in combination by licensed individuals or
a partnership of licensed individuals.
Sec. 269. Section 505B.1, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
“Delivered or deliver or delivery by electronic means”
“Delivered by electronic means” , “deliver by electronic means” ,
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or “delivery by electronic means” means any of the following:
Sec. 270. Section 507B.7, subsection 2, Code 2020, is
amended to read as follows:
2. Until the expiration of the time allowed under section
507B.8 for filing a petition for review if no such petition has
been duly filed within such time, or, if a petition for review
has been filed within such time, then until the transcript of
the record in the proceeding has been filed in the district
court, as hereinafter provided, the commissioner may at any
time, upon such notice and in such manner as the commissioner
may deem proper, modify or set aside in whole or in part any
order issued by the commissioner under this section .
Sec. 271. Section 507B.12, subsection 2, Code 2020, is
amended to read as follows:
2. The powers vested in the commissioner by this chapter
shall be additional to any other powers to enforce any
penalties, fines, or forfeitures authorized by law with respect
to the methods, acts, and practices hereby declared to be
unfair or deceptive.
Sec. 272. Section 508.14, subsection 1, Code 2020, is
amended to read as follows:
1. Upon a failure of a company organized under the laws
of this state to make the deposit provided in section 511.8,
subsection 16 , or file the statement in the time herein stated
in section 508.11 , or to file in a timely manner any financial
statement required by rule of the commissioner of insurance,
the commissioner of insurance shall notify the attorney
general of the default, who shall at once apply to the district
court of the county where the home office of the company is
located for an order requiring the company to show cause, upon
reasonable notice to be fixed by the court, why its business
shall not be discontinued. If, upon the hearing, sufficient
cause is not shown, the court shall decree its dissolution.
Sec. 273. Section 508.32, subsection 1, Code 2020, is
amended to read as follows:
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1. Any life insurance company organized under the
provisions of this chapter and doing business in this state,
shall have the power to hold in trust the premiums or
consideration paid for, or the proceeds of any life insurance
policy or annuity contract, either individual or group, issued
by it, upon such terms and subject to such limitations as
to revocation or control by the policyholder or beneficiary
thereunder, as shall have been agreed to in writing by
such company and the policyholder; provided that the trust
provisions herein contemplated in this section shall in no
manner subject said the corporation to any of the provisions
of the laws of Iowa relating to banks or trust companies; and
provided further, that the trust or trusts for premiums or
considerations may be invested by such company in the manner
specified in the trust instruments or agreements and held in
a separate or segregated account; and provided further, that
the forms of such trust agreements for beneficiaries shall
be first submitted to and approved by the commissioner of
insurance. The word “ trust ” shall include, but not be limited
to settlement options and contracts issued pursuant to policies
or contracts, and funds held in a separate or segregated
account in connection with pension or profit-sharing plans
pursuant to agreements with the policyholders.
Sec. 274. Section 508C.3, subsection 4, paragraph k,
subparagraph (5), Code 2020, is amended to read as follows:
(5) A claim for penalties, consequential damages , or
incidental damages.
Sec. 275. Section 508C.8, subsection 1, paragraph a, Code
2020, is amended to read as follows:
a. Guarantee, assume, reissue, reinsure, or cause to be
guaranteed, assumed, reissued, or reinsured, any or all of the
covered policies or contracts of the impaired insurer.
Sec. 276. Section 508C.13, subsection 3, Code 2020, is
amended to read as follows:
3. For the purpose of carrying out its obligations under
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this chapter , the association shall be deemed to be a creditor
of the impaired or insolvent insurer to the extent of assets
attributable to covered policies or contracts reduced by any
amounts to which the association is entitled pursuant to its
subrogation rights under section 508C.8, subsection 7 . Assets
of the impaired or insolvent insurer attributable to covered
policies or contracts shall be used to continue all covered
policies or contracts and pay all contractual obligations of
the impaired or insolvent insurer as required by this chapter .
As used in this subsection , “assets attributable to covered
policies or contracts” means that proportion of the assets which
the reserves that should have been established for the policies
or contracts bear to the reserves that should have been
established for all policies of insurance or health benefit
plans written by the impaired or insolvent insurer.
Sec. 277. Section 509A.9, Code 2020, is amended to read as
follows:
509A.9 Exemption from debts.
All amounts payable to employees under and pursuant to the
plan of group insurance established as herein provided in this
chapter shall be exempt from liability for debts of the person
to or on account of whom the same is payable and shall not be
subject to seizure upon execution or other process.
Sec. 278. Section 509A.10, Code 2020, is amended to read as
follows:
509A.10 Decisions of governing body final.
The decisions of the governing body upon all matters upon
which the said governing body is empowered to act, under and
pursuant to the provisions hereof of this chapter , shall be
final and conclusive, in the absence of fraud, and no appeal
shall be allowed therefrom nor shall such decisions of the
governing body, in the absence of fraud, be reviewed, enjoined
or set aside by any court.
Sec. 279. Section 510C.1, subsections 1, 2, 8, and 9, Code
2020, are amended to read as follows:
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1. “Administrative fees” means a fee or payment, other than
a rebate, under a contract between a pharmacy benefit benefits
manager and a pharmaceutical drug manufacturer in connection
with the pharmacy benefit benefits manager’s management of a
health carrier’s prescription drug benefit, that is paid by a
pharmaceutical drug manufacturer to a pharmacy benefit benefits
manager or is retained by the pharmacy benefit benefits
manager.
2. “Aggregate retained rebate percentage” means the
percentage of all rebates received by a pharmacy benefit
benefits manager that is not passed on to the pharmacy benefit
benefits manager’s health carrier clients.
8. “Health carrier administrative service fee” means a fee or
payment under a contract between a pharmacy benefit benefits
manager and a health carrier in connection with the pharmacy
benefit benefits manager’s administration of the health
carrier’s prescription drug benefit that is paid by a health
carrier to a pharmacy benefit benefits manager or is otherwise
retained by a pharmacy benefit benefits manager.
9. “Pharmacy benefit benefits manager” means a person who,
pursuant to a contract or other relationship with a health
carrier, either directly or through an intermediary, manages a
prescription drug benefit provided by the health carrier.
Sec. 280. Section 510C.1, subsection 11, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
“Rebate” means all discounts and other negotiated price
concessions paid directly or indirectly by a pharmaceutical
manufacturer or other entity, other than a covered person,
in the prescription drug supply chain to a pharmacy benefit
benefits manager, and which may be based on any of the
following:
Sec. 281. Section 510C.1, subsection 11, paragraph c, Code
2020, is amended to read as follows:
c. To maintain a net price for a prescription drug for a
specified period of time for the pharmacy benefit benefits
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manager in the event the pharmaceutical manufacturer’s list
price increases.
Sec. 282. Section 510C.2, subsection 1, Code 2020, is
amended to read as follows:
1. Each pharmacy benefit benefits manager shall provide
a report annually by February 15 to the commissioner
that contains all of the following information regarding
prescription drug benefits provided to covered persons of each
health carrier with whom the pharmacy benefits manager has
contracted during the prior calendar year:
a. The aggregate dollar amount of all rebates received by
the pharmacy benefit benefits manager.
b. The aggregate dollar amount of all administrative fees
received by the pharmacy benefit benefits manager.
c. The aggregate dollar amount of all health carrier
administrative service fees received by the pharmacy benefit
benefits manager.
d. The aggregate dollar amount of all rebates received by
the pharmacy benefit benefits manager that the pharmacy benefit
benefits manager did not pass through to the health carrier.
e. The aggregate amount of all administrative fees received
by the pharmacy benefit benefits manager that the pharmacy
benefit benefits manager did not pass through to the health
carrier.
f. The aggregate retained rebate percentage as calculated by
dividing the dollar amount in paragraph “d” by the dollar amount
in paragraph “a” .
g. Across all health carrier clients with whom the pharmacy
benefits manager was contracted, the highest and the lowest
aggregate retained rebate percentages.
Sec. 283. Section 510C.2, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
A pharmacy benefit benefits manager shall provide the
information pursuant to subsection 1 to the commissioner in a
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format approved by the commissioner that does not directly or
indirectly disclose any of the following:
Sec. 284. Section 510C.2, subsection 2, paragraph b, Code
2020, is amended to read as follows:
b. Information provided under this section by a pharmacy
benefit benefits manager to the commissioner that may reveal
the identity of a specific health carrier, the price charged
by a specific pharmaceutical manufacturer for a specific
prescription drug or class of prescription drugs, or the amount
of rebates provided for a specific prescription drug or class
of prescription drugs shall be considered a confidential record
and be recognized and protected as a trade secret pursuant to
section 22.7, subsection 3 .
Sec. 285. Section 511.23, Code 2020, is amended to read as
follows:
511.23 Penalties.
Any person, firm, or corporation violating any of the
provisions of section 511.22 , or sections 515.8 through
515.10 and , or section 515.23 or failing to comply with any of
the provisions in those sections, shall be subjected to the
penalties provided in sections 507.10 and 507.12 .
Sec. 286. Section 515.10, Code 2020, is amended to read as
follows:
515.10 Subscriptions of stock —— applications.
After compliance by the incorporators with sections 515.1
and 515.2 , the secretary of state shall certify the articles
of incorporation to the commissioner of insurance. When the
commissioner of insurance is satisfied that all provisions of
law in relation to the promotion and organization of said the
corporation, including sections 506.4 to through 506.6 , have
been complied with, the commissioner shall issue a certificate
to that effect , and thereupon such . The corporation may then
open books for subscriptions to the stock of stock companies
or , if a mutual company , take applications and receive
premiums for insurance at such times and places as it may find
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convenient , and . The corporation may keep such books open
until the full amount required is subscribed or taken, or the
time granted therefor has expired, or until an order is issued
by the commissioner of insurance to desist for failure to
comply with the provisions of law in reference thereto.
Sec. 287. Section 515.19, Code 2020, is amended to read as
follows:
515.19 Advancement of funds.
Any director, officer, or member of any such mutual company,
or any other person, may advance to such company, any sum or
sums of money necessary for the purpose of its business, or
to enable it to comply with any of the requirements of the
law, and such moneys and such interest thereon as may have
been agreed upon, not exceeding the maximum statutory rate
of interest, shall not be a liability or claim against the
company or any of its assets, except as herein provided in this
chapter , and upon approval of the commissioner of insurance
may be repaid, but only out of the surplus earnings of such
company. No commission or promotion expenses shall be paid in
connection with the advance of any such money to the company.
The amount of such advance shall be reported in each annual
statement.
Sec. 288. Section 515.38, Code 2020, is amended to read as
follows:
515.38 Examination —— certificate of compliance.
Such commissioner may appoint in writing some disinterested
person to make an examination and if it shall be found that
the capital or assets herein required under this chapter of
the company named, according to the nature of the business
proposed to be transacted by such company, have been paid in,
and are now possessed by it in money or such stock, bonds,
and mortgages as are required by the preceding sections of
this chapter , the commissioner shall so certify; but if the
examination is made by another than the commissioner, the
certificate shall be by that person, and under that person’s
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oath.
Sec. 289. Section 515.40, subsection 3, Code 2020, is
amended to read as follows:
3. Other securities, as the case may be, to the extent and
value hereinbefore required under this chapter .
Sec. 290. Section 515.111, Code 2020, is amended to read as
follows:
515.111 Nuclear loss or damage excluded.
Insurers issuing the standard policy pursuant to section
515.109 are authorized to affix thereto or include therein a
written statement that the policy does not cover loss or damage
caused by nuclear reaction or nuclear radiation or radioactive
contamination, all whether directly or indirectly resulting
from an insured peril under said the policy ; provided, however .
However , that nothing herein contained in this section shall be
construed to prohibit the attachment to any such policy of an
endorsement or endorsements specifically assuming coverage for
loss or damage caused by nuclear reaction or nuclear radiation
or radioactive contamination.
Sec. 291. Section 520.5, Code 2020, is amended to read as
follows:
520.5 Actions —— venue —— commissioner as process agent.
Concurrently with the filing of the declaration provided
for by the terms of section 520.4 , the attorney shall file
with the commissioner of insurance, an instrument in writing
executed by the attorney for said the subscribers, conditioned
that, upon the issuance of certificate of authority provided
for in this chapter , action may be brought in the county in
which the property or person insured thereunder is located,
and that service of process shall be had upon the commissioner
of insurance or upon the attorney in fact in all suits in
this state, whether arising out of such policies, contracts,
agreements or otherwise , which service . Service shall be
valid and binding upon all subscribers exchanging at any time
reciprocal or interinsurance contracts through such attorney.
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All suits of every kind and description brought against such
the reciprocal exchange , or the subscribers thereto on account
of their connection therewith with the reciprocal exchange ,
must be brought against the attorney in fact therefor or the
exchange as such, and shall not be brought against any of the
subscribers thereto individually on account of their connection
with or membership in such reciprocal exchange, and must
be brought in the manner and method above provided in this
section .
Sec. 292. Section 520.15, Code 2020, is amended to read as
follows:
520.15 Refusal or revocation of certificate.
In addition to the foregoing penalties provided in sections
520.10 and 520.12, and where not otherwise provided, the
penalty for failure or refusal to comply with any of the terms
and provisions of this chapter , upon the part of the attorney,
shall be the refusal, suspension, or revocation of certificate
of authority or license by the commissioner of insurance and
the public announcement of the commissioner’s act, after due
notice and opportunity for hearing has been given such attorney
so that the attorney may appear and show cause why such action
should not be taken.
Sec. 293. Section 521I.5, subsections 2 and 3, Code 2020,
are amended to read as follows:
2. A dividing insurer shall not amend the dividing insurer’s
plan of division after the plan of division becomes effective
under section 521I.10, subsection 2 .
3. A dividing insurer shall not amend the dividing insurer’s
plan of division after the plan of division is approved by the
commissioner under section 521I.8 .
Sec. 294. Section 521I.6, subsection 2, Code 2020, is
amended to read as follows:
2. A dividing insurer shall not abandon the dividing
insurer’s plan of division after the plan of division becomes
effective under section 521I.10, subsection 2 .
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Sec. 295. Section 521I.7, subsection 2, Code 2020, is
amended to read as follows:
2. If a provision of a dividing insurer’s articles of
incorporation or bylaws adopted before July 1, 2019, requires
that a specific number of or a percentage of the board of
directors or shareholders propose or adopt a plan of merger
or impose other procedures for the proposal or adoption of
a plan of merger, the dividing insurer shall adhere to such
provision in proposing or adopting a plan of division. If any
such provision of the articles of incorporation or bylaws is
amended on or after July 1, 2019, such the amended provision
shall apply to a division thereafter occurring after adoption
of the amendment only in accordance with its the express terms
of the provision as amended .
Sec. 296. Section 522E.1, subsection 3, Code 2020, is
amended to read as follows:
3. “Delivered or deliver by electronic means” “Delivered by
electronic means” or “deliver by electronic means” means the same
as defined in section 505B.1 .
Sec. 297. Section 522E.9, subsection 7, Code 2020, is
amended to read as follows:
7. In order for all portable electronic insurance notices
and documents to be delivered by electronic means to the
consumer, affirmative consent shall be obtained pursuant to
section 505B.1, subsection 5 .
Sec. 298. Section 522E.13, subsection 6, Code 2020, is
amended to read as follows:
6. Whenever notice or correspondence with respect to a
policy of portable electronics insurance is required pursuant
to this section , it shall be in writing and sent within the
notice period required pursuant to this section . Notices
and correspondence shall be sent to the licensed portable
electronics vendor that is the policyholder at the portable
electronics vendor’s mailing or electronic mail address
specified for that purpose and to its affected enrolled
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consumers’ last known mailing or electronic mail addresses on
file with the insurer or the portable electronics vendor. All
notices and documents that are delivered by electronic means
shall comply with section 505B.1 , except for the provisions
in section 505B.1, subsection 4 . The insurer or portable
electronics vendor shall maintain proof that the notice or
correspondence was sent for not less than three years after
from the date that the notice or correspondence was sent.
Sec. 299. Section 523C.7, subsection 2, paragraph a, Code
2020, is amended to read as follows:
a. A service contract shall be written in clear,
understandable language in at least eight point font type .
Sec. 300. Section 523C.9, subsection 3, Code 2020, is
amended to read as follows:
3. The service company has without just cause refused to
perform or negligently or incompetently performed services
required to be performed under its service contracts and
the refusal, or negligent or incompetent performance has
occurred with such frequency, as determined by the commissioner
determines , as to indicate the general business practices of
the service company.
Sec. 301. Section 524.108, Code 2020, is amended to read as
follows:
524.108 Applicability of safe deposit provisions.
The provisions of sections 524.809 to through 524.812 shall
apply, to the extent applicable, to any person engaged in this
state in the business of leasing safe deposit boxes for the
storage of property.
Sec. 302. Section 524.1309, unnumbered paragraph 1, Code
2020, is amended to read as follows:
In lieu of the dissolution procedure prescribed in sections
524.1303 to through 524.1306 , a state bank may cease to carry
on the business of banking and, after compliance with this
section , continue as a corporation subject to chapter 490 ; or
if the state bank is organized as a limited liability company
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under this chapter , continue as a limited liability company
subject to chapter 489 .
Sec. 303. Section 524.1310, subsection 1, paragraph b, Code
2020, is amended to read as follows:
b. All amounts due creditors and shareholders described
in section 490.1440 shall be deposited with the treasurer of
state in accordance with that section. Such amounts shall be
retained by the treasurer of state and subject to claim in
the manner provided for in section 490.1440 . Amounts due to
depositors who are unknown, or who are under a disability and
there is no person legally competent to receive the amount, or
who cannot be found after the exercise of reasonable diligence,
shall be transmitted to the treasurer of state in the manner
required by section 524.1305, subsection 6 . Such property
shall be treated as abandoned, retained by the treasurer of
state, and is subject to claim, in the manner provided for in
sections 556.14 to through 556.21 .
Sec. 304. Section 524.1602, subsection 3, Code 2020, is
amended to read as follows:
3. On which it has money loaned, credit extended or holds
discounted or purchased evidences of indebtedness or agreements
for the payment of money, in violation of sections 524.904 to
through 524.907 .
Sec. 305. Section 524.1807, Code 2020, is amended to read
as follows:
524.1807 Penalties.
Any bank holding company which willfully violates any
provision of sections 524.1801 to through 524.1806 shall, upon
conviction, be fined not less than one hundred dollars nor
more than one thousand dollars for each day during which the
violation continues. Any individual who willfully participates
in a violation of any provisions of sections 524.1801 to
through 524.1806 shall be guilty of a serious misdemeanor.
Sec. 306. Section 533.401, subsection 2, Code 2020, is
amended to read as follows:
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2. Prior to the sending of At least fifteen days before
notice of balloting for the membership vote on a merger is sent
to the members , a merging credit union shall submit to the
superintendent all materials to be included in the notice at
least fifteen days before the notice is sent to the members .
The superintendent shall review and approve the materials to
be included in the notice at least ten days before the notice
is sent to the members. The superintendent may direct any
materials to be included in the notice of balloting sent to
members.
Sec. 307. Section 533.508, subsection 1, Code 2020, is
amended to read as follows:
1. A director, officer, or employee of a state credit union
shall not intentionally publish, disseminate, or distribute
any advertising or notice containing any false, misleading, or
deceptive statements concerning rates, terms, or conditions
on which loans are made, or deposits or share installments
are received, or concerning any charge which the state credit
union is authorized to impose pursuant to this chapter , or
concerning the financial condition of the state credit union.
Any director, officer, or employee of a state credit union who
violates the provisions of this section subsection is guilty of
a fraudulent practice.
Sec. 308. Section 536.4, subsection 2, Code 2020, is amended
to read as follows:
2. If the superintendent shall determine from such
application and from such investigation that the applicant
can have a reasonable expectancy of a successful lending
business at the location of the office for which application
is made, and that there is a real need and necessity in that
community for additional lending facilities to adequately
serve the local people, and that said applicant is one who
will command the respect of and confidence from the people in
that community; that the financial responsibility, experience,
character, and general fitness of the applicant, and of
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the members thereof if the applicant be a partnership or
association, and of the officers and directors thereof if
the applicant be a corporation, are such as to warrant the
belief that the business will be operated lawfully, honestly,
fairly, and efficiently within the purposes of this chapter ,
and if the superintendent shall find that the applicant has
available or actually in use the assets described in section
536.2 , the superintendent shall thereupon issue and deliver a
license to the applicant to make loans in accordance with the
provisions of this chapter at the place of business specified
in the said application; if the superintendent shall not so
find the superintendent shall not issue such license and the
superintendent shall notify the applicant of the denial and
return to the applicant the bond and the sum paid by the
applicant as a license fee, retaining the investigation fee
to cover the costs of investigating the application. The
superintendent shall approve or deny every application for a
license hereunder under this chapter within sixty days from the
filing of the application and the approved bond and the payment
of the said fees.
Sec. 309. Section 536.11, subsection 1, Code 2020, is
amended to read as follows:
1. The licensee shall keep such books, accounts, and
records as the superintendent may require in order to determine
whether such licensee is complying with the provisions of this
chapter and with the rules and regulations lawfully made by the
superintendent hereunder under this chapter . Every licensee
shall preserve for at least two years after making the last
entry on any loan recorded therein all books, accounts, and
records, including cards used in the card system, if any.
Sec. 310. Section 537.1101, Code 2020, is amended to read
as follows:
537.1101 Short title.
Articles 1 to through 7 of this chapter shall be known and
may be cited as the “Iowa Consumer Credit Code” .
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Sec. 311. Section 537.2201, subsection 1, Code 2020, is
amended to read as follows:
1. With respect to a consumer credit sale, other than a
sale pursuant to open-end credit, a creditor may contract for
and receive a finance charge not exceeding the maximum charge
permitted by the law of this state or the United States for
similar creditors. In addition, with respect to a consumer
credit sale of goods or services, other than a sale pursuant
to open-end credit or a sale of a motor vehicle, a creditor
may contract for and receive a finance charge not exceeding
that permitted in subsections 2 to through 6. With respect
to a consumer credit sale of a motor vehicle, a creditor
may contract for and receive a finance charge as provided in
section 322.19 , and a finance charge in excess of that provided
in section 322.19 , is an excess charge in violation of this
chapter .
Sec. 312. Section 544B.19, Code 2020, is amended to read as
follows:
544B.19 Injunction.
In addition to any other remedies, and on the petition of the
board or any person, any person violating any of the provisions
of sections 544B.1 to 544B.5 and 544B.7 to 544B.21 this chapter
may be restrained and permanently enjoined from committing or
continuing the violations.
Sec. 313. Section 551A.1, subsection 11, Code 2020, is
amended to read as follows:
11. “Record” means the same as defined in section 516E.1
523C.1 .
Sec. 314. Section 558.33, Code 2020, is amended to read as
follows:
558.33 Subpoenas.
An officer having power to take the proof hereinbefore
contemplated of execution and delivery of a deed or other
instrument under section 558.31 may issue the necessary
subpoenas, and compel the attendance of witnesses residing
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within the county, in the manner provided for the taking of
depositions.
Sec. 315. Section 573.1, subsection 4, Code 2020, is amended
to read as follows:
4. “Public improvement” is an improvement, the cost of which
is payable from taxes or other funds under the control of the
public corporation, except that in cases of public improvement
for drainage or levee purposes the provisions of the drainage
law , chapter 468, in cases of conflict shall govern.
Sec. 316. Section 573.19, Code 2020, is amended to read as
follows:
573.19 Insufficiency of funds.
When the retained percentage aforesaid is insufficient to
pay all claims for labor or materials, the court shall, in
making distribution under section 573.18 , order the claims in
each class paid in the order of filing the same.
Sec. 317. Section 573.22, Code 2020, is amended to read as
follows:
573.22 Unpaid claimants —— judgment on bond.
If, after the said retained percentage has been applied to
the payment of duly filed and established claims, there remain
any such claims that are unpaid in whole or in part, judgment
shall be entered for the amount thereof of the claims that are
unpaid against the principal and sureties on the bond. In case
the said percentage has been paid over as herein provided in
this chapter , judgment shall be entered against the principal
and sureties on all such claims.
Sec. 318. Section 578A.7, subsection 2, paragraph b, Code
2020, is amended to read as follows:
b. Notify all persons whom the operator has actual knowledge
who claim a security interest in the personal property of whom
the operator has actual knowledge . An operator shall conduct
a search to determine whether there is a security interest in
property subject to sale if the property is registered under
chapter 321 or 462A . At least seven days before the sale, the
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operator shall also advertise the time, place, and terms of
the sale in a commercially reasonable manner. The manner of
advertisement is deemed commercially reasonable if it is likely
to attract at least three independent bidders to attend or view
the sale in person or online at the time and place advertised.
The operator may buy the occupant’s personal property at any
public sale held pursuant to this section .
Sec. 319. Section 578A.7, subsection 5, Code 2020, is
amended to read as follows:
5. In the event of a sale under this section , the operator
may satisfy the lien from the proceeds of the sale, but shall
hold the balance, if any, for a period of ninety days for
delivery on demand to the occupant. If the occupant does not
claim the balance within ninety days, the balance shall be paid
to the county treasurer in the county where the self-service
storage facility is located. The county treasurer shall hold
the funds for a period of two years. If a claim is not made
by the owner of occupant for the fund funds , then the fund
funds shall become the property of the county. There shall be
no further recourse by any person against the operator for an
action pursuant to this section .
Sec. 320. Section 597.13, Code 2020, is amended to read as
follows:
597.13 Annulment of decree.
The husband or wife affected by the proceedings contemplated
in sections 597.10 to through 597.12 may obtain an annulment
thereof, upon filing a petition therefor and serving a notice
on the person in whose favor the same decree or order was
granted, as in ordinary actions; but the setting aside of such
decree or order shall not affect any act done thereunder.
Sec. 321. Section 597.17, Code 2020, is amended to read as
follows:
597.17 Liability for separate debts.
Neither husband nor wife is liable for the debts or
liabilities of the other incurred before marriage, and, except
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as herein otherwise declared in this chapter , they are not
liable for the debts of each other contracted after marriage;
nor are the wages, earnings, or property of either, nor is
the rent or income of the property of either, liable for the
separate debts of the other.
Sec. 322. Section 602.9106, Code 2020, is amended to read
as follows:
602.9106 Retirement.
Any person who shall have become separated from service as a
judge of any of the courts included in this article and who has
had an aggregate of at least four years of service as a judge
of one or more of such courts and shall have attained the age
of sixty-five years or who has had twenty years of consecutive
service as a judge of one or more of said courts and shall have
attained the age of fifty years, and who shall have otherwise
qualified as provided in this article , shall be entitled to an
annuity as hereinafter provided in this article .
Sec. 323. Section 602.10122, subsection 3, Code 2020, is
amended to read as follows:
3. A willful violation of any of the duties of an attorney
or counselor as hereinbefore prescribed in this article .
Sec. 324. Section 614.10, Code 2020, is amended to read as
follows:
614.10 Failure of action.
If, after the commencement of an action, the plaintiff, for
any cause except negligence in its prosecution, fails therein,
and a new one is brought within six months thereafter, the
second shall , for the purposes herein contemplated, be held a
continuation of the first.
Sec. 325. Section 614.13, Code 2020, is amended to read as
follows:
614.13 Injunction.
When the commencement of an action shall be stayed
by injunction or statutory prohibition, the time of the
continuance of such injunction or prohibition shall not be part
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of the time limited for the commencement of the action, except
as herein otherwise provided in this chapter .
Sec. 326. Section 614.20, Code 2020, is amended to read as
follows:
614.20 Limitation on Act.
Sections 614.17 to through 614.19 do not limit or extend
the time within which actions by a spouse to recover dower or
distributive share in real estate within this state may be
brought or maintained under the provisions of section 614.15 ,
nor do they limit or extend the time within which actions may
be brought or maintained to foreclose or enforce any real
estate mortgage, bond for deed, trust deed, or contract for
the sale or conveyance of real estate under the provisions of
section 614.21 , nor do they revive or permit an action to be
brought or maintained upon any claim or cause of action which
is barred by a statute which is in force prior to July 1, 1991;
nor do they affect litigation pending on July 1, 1991.
Sec. 327. Section 614.26, Code 2020, is amended to read as
follows:
614.26 Indexing.
The provisions of section 614.18 are made applicable to the
provisions of sections 614.24 to and 614.25, this section, and
sections 614.27 and 614.28 .
Sec. 328. Section 614.27, Code 2020, is amended to read as
follows:
614.27 Persons under disability.
The provisions of section 614.8 as to the rights of minors
and persons with mental illness shall not be applicable against
the provisions of sections 614.24 to through 614.26, this
section, and section 614.28 .
Sec. 329. Section 614.28, Code 2020, is amended to read as
follows:
614.28 Barred claims.
The provisions of sections 614.24 to through 614.27 ,
inclusive, or the filing of a claim or claims , hereunder under
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this subchapter , shall not revive or permit an action to be
brought or maintained upon any claim or cause of action which
is barred by any other statute. Provided further, that nothing
contained in these sections shall affect litigation pending on
July 4, 1965.
Sec. 330. Section 622.51, Code 2020, is amended to read as
follows:
622.51 Official signature presumed genuine.
In the cases contemplated in sections 622.41 to through
622.50 , the signature of the officer shall be presumed to be
genuine until the contrary is shown.
Sec. 331. Section 626.14, Code 2020, is amended to read as
follows:
626.14 Delivery of possession and money recovery.
1. If it is for the judgment requires the delivery of the
possession of real or personal property, it execution shall
require the sheriff to deliver the possession of the same
property , particularly describing it, to the party entitled
thereto to the property , and may, at the same time, require the
party to satisfy any costs, damages, or rents and profits, with
interest, recovered by the same judgment, out of the property
of the party against whom it judgment was rendered subject to
execution.
2. The value of the property for which judgment was
recovered shall be specified therein in the execution , if a
delivery thereof of the property cannot be had, and it shall in
that respect be regarded as an execution against property.
Sec. 332. Section 631.8, subsection 3, Code 2020, is amended
to read as follows:
3. If commenced as a regular civil action or under the
statutes relating to probate proceedings, a small claim
shall be transferred to the small claims docket. A small
claim commenced as a regular action shall not be dismissed
but shall be transferred to the small claims docket. Civil
and probate actions not small claims but commenced hereunder
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under this chapter shall be dismissed without prejudice except
for defendants who have appeared, as to whom such actions
shall be transferred to the combination or probate docket, as
appropriate.
Sec. 333. Section 633.3, subsections 9 and 22, Code 2020,
are amended to read as follows:
9. Conservator —— means a person appointed by the court to
have the custody and control of the property of a ward under
the provisions of this probate code.
22. Guardian —— means the person appointed by the court to
have the custody of the person of the ward under the provisions
of this probate code.
Sec. 334. Section 633.14, Code 2020, is amended to read as
follows:
633.14 Concurrent jurisdiction.
When a case is originally within the jurisdiction of the
courts of two or more counties, the one court which first takes
cognizance thereof of the case by the commencement of the
proceedings shall retain the same jurisdiction throughout the
case .
Sec. 335. Section 633.71, Code 2020, is amended to read as
follows:
633.71 Legal effect of appointment.
1. By qualifying as fiduciary , any person, resident or
nonresident , person submits to the jurisdiction of the court
making the appointment of the fiduciary and, in addition, shall
be deemed to agree that to all of the following :
1. a. All property coming into the fiduciary’s hands is
subject to the jurisdiction of the court wherein are pending
the proceedings in which the fiduciary is serving , and .
2. b. The fiduciary is subject to all orders entered by
the court in the proceedings in which the fiduciary is serving
and that notices served upon the fiduciary with respect thereto
to the proceedings, that are in compliance with the procedure
prescribed by the this probate code , shall have the same force
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and effect as if such service had been personally made upon the
fiduciary within the state.
3. c. The fiduciary shall be is subject to the jurisdiction
of the courts of this state in all actions and proceedings
against the fiduciary arising from or growing out of the
fiduciary relationship and activities ; and that the service of
process in such actions and proceedings may be made upon the
fiduciary by serving the original notice upon the fiduciary
outside this state ; and that such service shall have has the
same force and effect as though the service had been personally
made upon the fiduciary within this state.
4. 2. The clerk of the court in which is pending the
proceedings in which the fiduciary is serving is the lawful
attorney or resident agent of such nonresident fiduciary upon
whom service of process may be made whether such process be
an order of the court entered in the proceedings in which
the fiduciary is serving or an original notice of an action
arising from or growing out of the fiduciary relationship and
activities of the nonresident fiduciary.
Sec. 336. Section 633.83, Code 2020, is amended to read as
follows:
633.83 Continuation of business.
Upon a showing of advantage to the estate, the court may
authorize the fiduciary to continue any business of the estate
for the estate’s benefit thereof . The order may be without
notice, or after such notice as the court may prescribe. The
court may on its own motion, and upon the application of any
interested party shall, review such the authorization, and upon
such review, may revoke or modify the same authorization . The
order may provide for any of the following :
1. For the The conduct of the business solely by the
fiduciary, or jointly with one or more other persons; for the
formation of a partnership for the conduct of such business;
or for the formation of, or for the fiduciary to join in the
formation of , a corporation for the conduct of such business ; .
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2. For the The extent of the liability of the estate,
or any part thereof of the estate , or of the fiduciary, for
obligations incurred in the continuation of the business ; .
3. As to whether Whether liabilities incurred in the conduct
of the business are to be chargeable solely to the part of the
estate set aside for use in the business, or to the estate as a
whole ; .
4. As to the The period of time for which the business may
be conducted ; and .
5. Such other conditions, restrictions, regulations , and
requirements as the court may order.
Sec. 337. Section 633.85, Code 2020, is amended to read as
follows:
633.85 Liability of fiduciary employing agents.
The fiduciary shall not be personally liable for the acts
or omissions of any such specialist, subordinate , or agent,
unless it can be shown that said the acts or omissions of the
specialist, subordinate, or agent would have been a breach of
duty by the fiduciary had the fiduciary personally done it, and
that , one of the following applies:
1. The fiduciary directed or permitted the breach ; or .
2. The fiduciary did not select or retain the said
specialist, subordinate , or agent with reasonable care ; or .
3. The fiduciary did not properly supervise the specialist,
subordinate , or agent ; or .
4. The fiduciary approved, acquiesced , or cooperated in the
neglect, omission, misconduct , or default by the specialist,
subordinate , or agent.
Sec. 338. Section 633.98, Code 2020, is amended to read as
follows:
633.98 Certificate of appointment and authority.
When any instrument executed in accordance with sections
633.95 to through 633.97 , inclusive, is to be recorded in a
county other than the county in which the estate is pending,
there shall also be recorded a certificate executed by the
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clerk of the court making the appointment, with seal affixed,
showing the name of the court making the appointment, the date
of the same, and that such fiduciary had not been discharged at
the time of the execution of such instrument.
Sec. 339. Section 633.129, Code 2020, is amended to read as
follows:
633.129 Uniformity of interpretation.
Sections 633.126 to through 633.128 shall be so interpreted
and construed as to effectuate their general purpose to make
uniform the law of those states which enact the common trust
funds.
Sec. 340. Section 633.146, unnumbered paragraph 1, Code
2020, is amended to read as follows:
The certificate aforesaid under section 633.145 shall be
filed for record:
Sec. 341. Section 633.158, Code 2020, is amended to read as
follows:
633.158 Liability for property not a part of estate.
Every fiduciary shall be chargeable in the fiduciary’s
accounts with property not a part of the estate that comes
into the fiduciary’s hands at any time, and shall be liable to
the persons entitled thereto to the property , if either of the
following applies :
1. The property was received under a duty imposed upon the
fiduciary by law in the capacity of fiduciary ; or .
2. The fiduciary has commingled such the property with the
assets of the estate.
Sec. 342. Section 633.310, Code 2020, is amended to read as
follows:
633.310 Objections prior to admission of will to probate.
Nothing herein contained in this part shall prevent any
interested person from filing objections to probate of a
proposed will prior to admission of the will to probate
thereof . If such objections are filed prior to the admission
of the will to probate, the will shall not be admitted to
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probate pending trial and determination as to whether or not
said the instrument is the last will of the decedent.
Sec. 343. Section 633.331, Code 2020, is amended to read as
follows:
633.331 Limitation of administration.
Probate of a will, original administration of an intestate
estate, or ancillary administration of an estate, shall not
be granted after five years from the death of the decedent,
whether the decedent died within or without this state, unless
a petition for probate or administration is filed prior to the
expiration of the five-year period. However, this section does
not apply to the probate of a will of a decedent who died prior
to January 1, 1964.
Sec. 344. Section 633.335, Code 2020, is amended to read as
follows:
633.335 Share of survivor.
The share of such a survivor in the proceeds of such a policy
or certificate made payable as aforesaid provided in sections
633.333 and 633.334 shall be the same as that provided by law
for the distribution of the personal property of intestates.
Sec. 345. Section 633.423, subsection 1, Code 2020, is
amended to read as follows:
1. If the creditor shall exhaust the security before
receiving payment, then upon the full amount of the claim
allowed, less the amount realized upon exhausting the security ;
or .
Sec. 346. Section 633.424, subsections 1, 2, and 3, Code
2020, are amended to read as follows:
1. The creditor and personal representative may determine,
by agreement, arbitration , or compromise, the value thereof of
the claim , according to its probable present worth, and upon
approval thereof by the court, it the contingent claim may be
allowed and paid in the same manner as an absolute claim , or .
2. The court may order the personal representative to make
distribution of the estate but to retain sufficient funds to
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pay the claim if and when the same becomes absolute ; but, .
However, for this purpose, the estate shall not be kept open
longer than two years after distribution of the remainder of
the estate ; and if such . If the contingent claim has not
become absolute within that time, distribution shall be made
to the distributees of the funds so retained, after paying
any costs and expenses accruing during such period , and
such . The distributees shall be liable to the creditor to the
extent of the estate received by them, if such the contingent
claim thereafter becomes absolute after distribution . When
distribution is so made to distributees, the court may require
such the distributees to give bond for the satisfaction of
their liability to the contingent creditor , or .
3. The court may order distribution of the estate as though
such the contingent claim did not exist, but the distributees
shall be liable to the creditor to the extent of the estate
received by them, if the contingent claim thereafter becomes
absolute ; and the after distribution. The court may require
such the distributees to give bond for the performance of their
liability to the contingent creditor , or .
Sec. 347. Section 633.528, Code 2020, is amended to read as
follows:
633.528 Uniformity of interpretation.
Sections 633.523 to through 633.527 shall be so construed
and interpreted as to effectuate their general purpose to make
uniform the law relating to simultaneous death.
Sec. 348. Section 633.560A, subsection 2, paragraph a, Code
2020, is amended to read as follows:
a. The parties will must participate in good faith.
Participation in mediation shall include attendance at
a mediation session with the mediator and the parties to
the action, listening to the mediator’s explanation of the
mediation process, presentation of one party’s view of the
case, and listening to the response of the other party.
Participation in mediation does not require that the parties
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reach an agreement.
Sec. 349. Section 633.561, subsection 4, paragraphs c and f,
Code 2020, are amended to read as follows:
c. Ensure that the respondent has been properly advised of
the respondent’s rights in a guardianship or conservatorship
proceeding.
f. Ensure that the guardianship or conservatorship
procedures conform to the statutory and due process
requirements of Iowa law.
Sec. 350. Section 633.561, subsection 5, paragraphs a and b,
Code 2020, are amended to read as follows:
a. Inform the respondent of the effects of the order entered
for appointment of guardian or conservator .
b. Advise the respondent of the respondent’s rights to
petition for modification or termination of the guardianship
or conservatorship .
Sec. 351. Section 633.562, subsection 5, paragraphs a and b,
Code 2020, are amended to read as follows:
a. A recommendation regarding the appropriateness of a
limited guardianship or conservatorship for the respondent,
including whether less restrictive alternatives are available.
b. A statement of the qualifications of the guardian or
conservator together with a statement of whether the respondent
has expressed agreement with the appointment of the proposed
guardian or conservator.
Sec. 352. Section 633.563, subsection 7, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
The results of the evaluation ordered by the court shall be
made available to filed with the court and made available to
the following:
Sec. 353. Section 633.565, Code 2020, is amended to read as
follows:
633.565 Qualifications and selection of guardian or
conservator for an adult.
The court shall appoint as guardian or conservator for an
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adult any qualified and suitable person who is willing to serve
as guardian or conservator.
Sec. 354. Section 633.568, Code 2020, is amended to read as
follows:
633.568 Appointment of guardian for an adult on a standby
basis.
A petition for the appointment of a guardian for an
adult on a standby basis may be filed by any person under
the same procedure and requirements as provided in sections
633.591 to through 633.597 , for appointment of standby
conservator, insofar as applicable. In all proceedings to
appoint a guardian, the court shall consider whether a limited
guardianship, as authorized in section 633.635 , is appropriate.
Sec. 355. Section 633.569, subsection 2, paragraph c, Code
2020, is amended to read as follows:
c. The reason the emergency appointment of a temporary
guardian or conservator is sought.
Sec. 356. Section 633.569, subsection 3, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
The court may enter an ex parte order appointing a temporary
guardian or conservator on an emergency basis under this
section if the court finds that all of the following conditions
are met:
Sec. 357. Section 633.653, Code 2020, is amended to read as
follows:
633.653 Claims against the ward, the conservatorship , or the
conservator in that capacity.
Claims accruing before or after the appointment of the
conservator, and whether arising in contract or tort or
otherwise, after being allowed or established as provided in
sections 633.654 to through 633.656 , shall be paid by the
conservator from the assets of the conservatorship.
Sec. 358. Section 633.670, subsection 1, paragraphs b and d,
Code 2020, are amended to read as follows:
b. Within two days after filing the initial plan, the
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conservator shall give notice of the filing of the initial plan
with a copy of the plan to the protected person, the protected
person’s attorney and court advisor visitor , if any, and others
as directed by the court. The notice must state that any
person entitled to a copy of the plan must file any objections
to the plan not later than fifteen days after it is filed.
d. After approval by the court, the conservator shall
provide a copy of the approved plan and order approving the
plan to the protected person, the protected person’s attorney
and court advisor visitor , if any, and others as directed by
the court.
Sec. 359. Section 633.670, subsection 2, Code 2020, is
amended to read as follows:
2. A conservator shall file an inventory of the protected
person’s assets within ninety days after appointment which
includes an oath or affirmation that the inventory is believed
to be complete and accurate as far as information permits.
Copies of the inventory shall be provided to the protected
person, the protected person’s attorney and court advisor
visitor , if any, and others as directed by the court. When
the conservator receives additional property of the protected
person, or becomes aware of its existence, a description of the
property shall be included in the conservator’s next annual
report.
Sec. 360. Section 633.670, subsection 3, paragraph c, Code
2020, is amended to read as follows:
c. Reports required by this section shall be served on the
protected person’s attorney and court advisor visitor , if any,
and the veterans administration if the protected person is
receiving veterans benefits.
Sec. 361. Section 633.675, subsection 1, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
A guardianship and or a conservatorship shall terminate upon
the occurrence of any of the following circumstances:
Sec. 362. Section 633.675, subsection 2, Code 2020, is
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amended to read as follows:
2. The court shall terminate a guardianship if it finds by
clear and convincing evidence that the basis for appointing a
guardian pursuant to section 633.552 is has not satisfied been
established .
Sec. 363. Section 633.679, subsection 1, Code 2020, is
amended to read as follows:
1. Except as otherwise provided in subsection 2 , at At
any time after the appointment of a guardian or conservator,
the person under guardianship or conservatorship may apply to
the court by petition, alleging that the person is no longer
a proper subject thereof, and asking that the guardianship or
conservatorship be terminated.
Sec. 364. Section 633A.3110, subsection 2, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
The trustee may give notice as described herein in this
section to creditors, heirs, and the surviving spouse of the
settlor for the purpose of establishing their rights to contest
the trust and to file claims against the trust assets.
Sec. 365. Section 636.23, subsections 5, 6, and 7, Code
2020, are amended to read as follows:
5. Real estate mortgage bonds. Notes or bonds of any
individual secured by a first mortgage on improved real estate
located in this state, provided the aggregate amount of such
notes and/or or bonds secured by such first mortgage, does not
exceed fifty percent of the value of the mortgage property as
determined by the fiduciary; any such loan may be made in an
amount not to exceed seventy-five percentum of the appraised
value of the real estate offered as security and for a term not
longer than twenty years if the loan is secured by an amortized
mortgage, deed of trust, or other such instrument under the
terms of which the installment payments are sufficient to
amortize the entire principal of the loan within the period
ending on the date of its maturity.
6. Corporate mortgages. Notes or bonds of any corporation
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secured by a first mortgage on improved real estate located in
this or any adjoining state upon which no default in payment of
principal or interest shall have occurred within five preceding
years provided the aggregate amount of such notes and/or or
bonds secured by such first mortgage does not exceed fifty
percent of the value of the mortgage property as determined by
the fiduciary.
7. Railroad bonds. Bonds of any railroad corporation which
are secured by a first lien mortgage or trust deed upon not
less than one hundred miles of main track in the United States
and which mortgage or trust deed has been outstanding not less
than fifteen years and upon which bonds issued thereunder there
has been no default in the payment of principal and/or or
interest since the date of said such trust deed.
Sec. 366. Section 657.3, Code 2020, is amended to read as
follows:
657.3 Penalty —— abatement.
Whoever is convicted of erecting, causing, or continuing
a public or common nuisance as provided in this chapter , or
at common law when the same has not been modified or repealed
by statute, where no other punishment therefor is specially
provided, shall be guilty of an aggravated misdemeanor and the
court may order such nuisance abated, and issue a warrant as
hereinafter provided in this chapter .
Sec. 367. Section 657A.1, subsection 3, Code 2020, is
amended to read as follows:
3. “Building” means a building or structure , excluding a
mobile home, a modular home, and a manufactured home as defined
in section 435.1 , unless the mobile home or manufactured
home has been converted to real estate pursuant to section
435.26 , located in a city or outside the limits of a city in
a county, which is used or intended to be used for commercial
or industrial purposes or which is used or intended to be
used for residential purposes and includes a building or
structure in which some floors may be used for retail stores,
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shops, salesrooms, markets, or similar commercial uses, or for
offices, banks, civic administration activities, professional
services, or similar business or civic uses, and other floors
are used, designed, or intended to be used for residential
purposes. “Building” does not include a mobile home, a modular
home, and a manufactured home as defined in section 435.1,
unless the mobile home or manufactured home has been converted
to real estate pursuant to section 435.26.
Sec. 368. Section 657A.2, subsection 1, Code 2020, is
amended to read as follows:
1. No sooner than the latter later of thirty days after
provision of the responsible building official’s findings have
been provided under section 657A.1A and or six months after a
building has become abandoned, a petition for abatement under
this chapter may be filed in the district court of the county
in which the property is located by the city in which the
property is located, by the county if the property is located
outside the limits of a city, by a neighboring landowner, or
by a duly organized nonprofit corporation which has as one of
its goals the improvement of housing conditions in the county
or city in which the property in question is located. The
petition shall not demand a personal judgment against any
party, but shall concern only the interests in the property. A
petition for abatement filed under this chapter shall include
the legal description of the real property upon which the
public nuisance is located unless the public nuisance is not
situated on or confined to a parcel of real property, or is
portable or capable of being removed from the real property.
Service shall be made on all interested persons by personal
service or, if personal service cannot be made, by certified
mail and first class mail to the last known address of record
of the interested person and by posting the notice in a
conspicuous place on the building, or by publication. The last
known address of record for the property owner shall be the
address of record with the county treasurer of the county where
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the property is located. Service may also be made as provided
in section 654.4A .
Sec. 369. Section 657A.4, Code 2020, is amended to read as
follows:
657A.4 Appointment of receiver.
If after After expiration of a date established pursuant to
section 657A.3, subsection 1 , or a hearing pursuant to section
657A.3 , the court may appoint a receiver to take possession and
control of the property in question. A person shall not be
appointed as a receiver unless the person has first provided
the court with a viable financial and construction plan for the
rehabilitation of the property in question and has demonstrated
the capacity and expertise to perform the required work in a
satisfactory manner. The appointed receiver may be a financial
institution that possesses an interest of record in the
property, a nonprofit corporation that is duly organized and
exists for the primary purpose of improving housing conditions
in the county or city in which the property in question is
located, or any person deemed qualified by the court. No part
of the net earnings of a nonprofit corporation serving as a
receiver under this section shall benefit a private shareholder
or individual. Membership on the board of trustees of a
nonprofit corporation does not constitute the holding of a
public office or employment and is not an interest, either
direct or indirect, in a contract or expenditure of money by
a city or county. No A member of a board of trustees of a
nonprofit corporation appointed as receiver is not disqualified
from holding public office or employment , nor and is a member
also not required to forfeit public office or employment by
reason of the membership on the board of trustees.
Sec. 370. Section 669.17, Code 2020, is amended to read as
follows:
669.17 Adjustment of other claims.
Nothing contained herein in this chapter shall be deemed to
repeal any provision of law authorizing any state agency to
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consider, ascertain, adjust, compromise, settle, determine,
allow, or pay any claim other than a claim as defined in this
chapter .
Sec. 371. Section 670.4, subsection 1, unnumbered paragraph
1, Code 2020, is amended to read as follows:
The liability imposed by section 670.2 shall have no
application to any claim enumerated in this section . As to
any such claim of the following claims , a municipality shall
be liable only to the extent liability may be imposed by the
express statute dealing with such claims and, in the absence
of such express statute, the municipality shall be immune from
liability . :
Sec. 372. Section 670.4, subsection 2, Code 2020, is amended
to read as follows:
2. The remedy against the municipality provided by section
670.2 shall hereafter be exclusive of any other civil action
or proceeding by reason of the same subject matter against the
officer, employee or agent whose act or omission gave rise to
the claim, or the officer’s, employee’s, or agent’s estate.
Sec. 373. Section 701.1, Code 2020, is amended to read as
follows:
701.1 Short title.
Chapters 701 to through 728 shall be known and may be cited
as the “Iowa Criminal Code” .
Sec. 374. Section 709.15, subsection 1, paragraph f,
subparagraph (1), subparagraph division (f), Code 2020, is
amended to read as follows:
(f) A person employed by a community college full-time,
part-time, or as a substitute who provides instruction to
high school students under a sharing or concurrent enrollment
program offered in accordance with section 257.11 or 261E.8 .
Sec. 375. Section 714H.3, subsection 2, paragraph d, Code
2020, is amended to read as follows:
d. Section 516E.5, 516E.9, 523C.7 or 516E.10 523C.13 .
Sec. 376. Section 724.8A, subsection 1, Code 2020, is
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amended to read as follows:
1. Notwithstanding subsections 2 and 3 , the The governing
board of a university under the control of the state board
of regents as provided in chapter 262 or a community college
under the jurisdiction of a board of directors for a merged
area as provided in chapter 260C shall not adopt or enforce any
policy or rule that prohibits the carrying, transportation,
or possession of a dangerous weapon that directs an electric
current, impulse, wave, or beam that produces a high-voltage
pulse designed to immobilize a person in the buildings or on
the grounds of such a college or university, as long as such a
dangerous weapon does not generate a projectile that directs
an electric current, impulse, wave, or beam that produces a
high-voltage pulse designed to immobilize a person, and such
a dangerous weapon is not used in the commission of a public
offense.
Sec. 377. Section 724.11, subsection 1, Code 2020, is
amended to read as follows:
1. Applications for permits to carry weapons shall be made
to the sheriff of the county in which the applicant resides.
Applications for professional permits to carry weapons for
persons who are nonresidents of the state, or whose need to go
armed arises out of employment by the state, shall be made to
the commissioner of public safety. In either case, the sheriff
or commissioner, before issuing the permit, shall determine
that the requirements of sections 724.6 to through 724.10
have been satisfied. A renewal applicant shall apply within
thirty days prior to the expiration of the permit, or within
thirty days after the expiration of the permit; otherwise the
applicant shall be considered an applicant for an initial
permit for purposes of renewal fees under subsection 3 .
Sec. 378. Section 801.1, Code 2020, is amended to read as
follows:
801.1 Short title.
Chapters 801 to through 819 shall be known and may be cited
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as the “Iowa Code of Criminal Procedure” .
Sec. 379. Section 802.6, subsection 1, Code 2020, is amended
to read as follows:
1. When a person leaves the state, the indictment or
information may be found within the time herein limited period
of limitation prescribed in this chapter after the person’s
coming into the state, and no period during which the party
charged was not publicly resident within the state is a part
of the limitation.
Sec. 380. Section 805.15, Code 2020, is amended to read as
follows:
805.15 Other citation forms.
The provisions of sections 321.485 to through 321.487 shall
govern with respect to offenses charged in the manner provided
in section 321.485 . The provisions of sections 805.6 to
through 805.14 shall govern with respect to offenses chargeable
upon a uniform citation and complaint.
Sec. 381. Section 901.11, subsection 5, Code 2020, is
amended to read as follows:
5. At the time of sentencing, the court shall determine when
a person convicted of arson in the first degree as described
in section 902.12, subsection 5 , shall first become eligible
for parole or work release within the parameters specified
in section 902.12, subsection 4 5 , based upon all pertinent
information including the person’s criminal record, a validated
risk assessment, and the negative impact the offense has had
on the victim or other persons.
Sec. 382. Section 901D.7, subsection 2, Code 2020, is
amended to read as follows:
2. An order or directive placing a participant in the
program shall include the type of testing required to be
administered in the program and the length of time that the
participant is required to remain in the program which shall
be for no less than ninety days. The order or directive shall
additionally require that the participant not have failed a
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test result required testing or have missed a required testing
during the thirty-day period immediately preceding the end of
participation in the program. The person issuing the order or
directive shall send a copy of the order or directive to the
law enforcement agency of the participating jurisdiction.
Sec. 383. 2019 Iowa Acts, chapter 26, section 14, is amended
to read as follows:
SEC. 14. NEW SECTION . 489.12206 Information required in
biennial report —— effect of failure to provide.
1. In the biennial report required by section 489.209 , a
series limited liability company shall include the name of each
protected series of the company for which all of the following
applies apply :
a. For which the company has previously delivered to the
secretary of state for filing a protected series designation.
b. Which has not dissolved and completed winding up.
2. A failure by a series limited liability company to comply
with subsection 1 with regard to a protected series prevents
issuance of a certificate of good standing existence pertaining
to the protected series but does not otherwise affect the
protected series.
Sec. 384. 2019 Iowa Acts, chapter 26, section 44, is amended
by striking the section and inserting in lieu thereof the
following:
SEC. 44. Section 489.101 , Code 2019, is amended to read as
follows:
489.101 Short title.
1. This chapter may be cited as the “Revised Uniform Limited
Liability Company Act” .
2. In addition, article 14 of this chapter may be cited as
provided in section 489.14101.
Sec. 385. 2019 Iowa Acts, chapter 135, section 27, is
amended to read as follows:
SEC. 27. Section 260I.10 , Code 2019, is amended by adding
the following new subsection:
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NEW SUBSECTION . 4. The department of education, in
coordination with the community colleges, may adjust the
allocations generated pursuant to section 260I 206I.2 ,
subsection 2, paragraph “c” , to ensure efficient delivery of
services.
Sec. 386. 2019 Iowa Acts, chapter 148, section 48, is
amended to read as follows:
SEC. 48. Section 49.31, subsection 1 , paragraph b, Code
2019, is amended to read as follows:
b. (1) The commissioner shall determine the order of
candidates on the ballot as provided in this paragraph. The
order shall be the same for each office on the ballot and for
each precinct in the county voting in the election.
(2) The state commissioner shall compile a list of each
county in the state in alphabetical order and assign a number
to each county such that the first county listed is number
one, the second county listed is number two, and continuing
in descending order in the same manner. The commissioner
shall put in alphabetical order the top two political parties
receiving the highest votes from the most recent election.
(3) The commissioner of each county assigned an even number
pursuant to subparagraph (2) shall arrange the ballot as
follows:
(a) The candidates of the first political party by
alphabetical order pursuant to subparagraph (2) shall appear
first on the ballot for the first general election at which the
president of the United States is to be elected following the
effective date of this division of this Act and second on the
ballot for the first general election at which the governor
will be elected following the effective date of this division
of this Act and second on the ballot for the second general
election at which the president of the United States is to be
elected following the effective date of this division of this
Act and first on the ballot for the second general election at
which the governor will be elected following the effective date
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of this division of this Act, and thereafter alternating with
the candidates of the second political party by alphabetical
order pursuant to subparagraph (2).
(b) The candidates of the second political party by
alphabetical order pursuant to subparagraph (2) shall appear
second on the ballot for the first general election at which
the president of the United States is to be elected following
the effective date of this division of this Act and first on
the ballot for the first general election at which the governor
will be elected following the effective date of this division
of this Act and first on the ballot for the second general
election at which the president of the United States is to be
elected following the effective date of this division of this
Act and second on the ballot for the second general election at
which the governor will be elected following the effective date
of this division of this Act, and thereafter alternating with
the candidates of the first political party by alphabetical
order pursuant to subparagraph (2).
(4) The commissioner of each county assigned an odd number
pursuant to subparagraph (2) shall arrange the ballot as
follows:
(a) The candidates of the second political party by
alphabetical order pursuant to subparagraph (2) shall appear
first on the ballot for the first general election at which the
president of the United States is to be elected following the
effective date of this division of this Act and second on the
ballot for the first general election at which the governor
will be elected following the effective date of this division
of this Act and second on the ballot for the second general
election at which the president of the United States is to be
elected following the effective date of this division of this
Act and first on the ballot for the second general election at
which the governor will be elected following the effective date
of this division of this Act, and thereafter alternating with
the candidates of the first political party by alphabetical
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order pursuant to subparagraph (2).
(b) The candidates of the first political party by
alphabetical order pursuant to subparagraph (2) shall appear
second on the ballot for the first general election at which
the president of the United States is to be elected following
the effective date of this division of this Act and first on
the ballot for the first general election at which the governor
will be elected following the effective date of this division
of this Act and first on the ballot for the second general
election at which the president of the United States is to be
elected following the effective date of this division of this
Act and second on the ballot for the second general election at
which the governor will be elected following the effective date
of this division of this Act, and thereafter alternating with
the candidates of the second political party by alphabetical
order pursuant to subparagraph (2).
(c) The commissioner shall determine the order of
candidates of nonparty political organizations on the ballot.
The order shall be the same for each office on the ballot and
for each precinct in the county voting in the election.
Sec. 387. 2019 Iowa Acts, chapter 155, section 4, is amended
to read as follows:
SEC. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding
the annual salary rates for judicial officers established by
2013 Iowa Acts, chapter 140, section 40 section 6 of this Act ,
for the fiscal year beginning July 1, 2019, and ending June
30, 2020, the supreme court may by order place all judicial
officers on unpaid leave status on any day employees of
the judicial branch are placed on temporary layoff status.
The biweekly pay of the judicial officers shall be reduced
accordingly for the pay period in which the unpaid leave date
occurred in the same manner as for noncontract employees of the
judicial branch. Through the course of the fiscal year, the
judicial branch may use an amount equal to the aggregate amount
of salary reductions due to the judicial officer unpaid leave
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days for any purpose other than for judicial salaries.
Sec. 388. REPEAL. 2019 Iowa Acts, chapter 26, section 52,
is repealed.
Sec. 389. REPEAL. Sections 15.300, 15.301, 52.8, 189.10,
and 235.6, Code 2020, are repealed.
Sec. 390. IMPLEMENTATION PROVISION.
1. The sections of this division of this Act amending
section 249L.2, shall only be implemented upon receipt by
the department of human services of approval of the Medicaid
state plan amendment by CMS, and if such approval is received,
is applicable no earlier than the first day of the calendar
quarter following the date of receipt of such approval.
Sec. 391. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this Act amending 2019 Iowa Acts, chapter
135, section 27.
2. The section of this Act amending 2019 Iowa Acts, chapter
148, section 48.
3. The section of this Act amending 2019 Iowa Acts, chapter
155, section 4.
Sec. 392. RETROACTIVE APPLICABILITY. The following apply
retroactively to July 1, 2019:
1. The section of this Act amending 2019 Iowa Acts, chapter
135, section 27.
2. The section of this Act amending 2019 Iowa Acts, chapter
148, section 48.
3. The section of this Act amending 2019 Iowa Acts, chapter
155, section 4.
DIVISION II
CODE EDITOR DIRECTIVES
Sec. 393. CODE EDITOR DIRECTIVES.
1. The Code editor may designate unnumbered chapter
headings as numbered subchapters and correct internal
references as necessary within and to chapter 359.
2. The Code editor may add a new subchapter to chapter 359,
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preceding section 359.52 and entitled “DISPOSAL OF PROPERTY”.
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