Bill Text: IA HF417 | 2013-2014 | 85th General Assembly | Amended

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

---

Bill Title: A bill for an act relating to nonsubstantive Code corrections. (Formerly HSB 161) Effective 7-1-13.

Spectrum: Committee Bill

Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF417 Detail]

Download: Iowa-2013-HF417-Amended.html

---

House File 417 - Reprinted
HOUSE FILE 417
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 161)
(As Amended and Passed by the House March 11, 2013 )
A BILL FOR
An Act relating to nonsubstantive Code corrections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HF 417 (4) 85
lh/rj/md

H.F. 417
DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 8.6, subsection 8, Code 2013, is amended
to read as follows:
8. Rules. To make such rules, subject to the approval of
the governor, as may be necessary for effectively carrying on
the work of the department of management. The director may,
with the approval of the executive council, require any state
official, agency, department , or commission, to require any
applicant, registrant, filer, permit holder , or license holder,
whether individual, partnership, trust , or corporation, to
submit to said official, agency, department , or commission, the
social security number or the tax number or both so assigned to
said individual, partnership, trust , or corporation.
Sec. 2. Section 8.32, Code 2013, is amended to read as
follows:
8.32 Conditional availability of appropriations.
1. All appropriations made to any department or
establishment of the government as receive or collect moneys
available for expenditure by them under present laws, are
declared to be in addition to such repayment receipts,
and such appropriations are to be available as and to the
extent that such receipts are insufficient to meet the costs
of administration, operation, and maintenance, or public
improvements of such departments:
a. Provided, that such receipts or collections shall be
deposited in the state treasury as part of the general fund or
special funds in all cases, except those collections made by
the state fair board, the institutions under the state board of
regents , and the natural resource commission.
b. Provided further, that no repayment receipts shall
be available for expenditures until allotted as provided in
section 8.31 ; and
c. Provided further, that the collection of repayment
receipts by the state fair board and the institutions under
-1-
HF 417 (4) 85
lh/rj/md 1/ 143

H.F. 417
the state board of regents shall be deposited in a bank or
banks duly designated and qualified as state depositories, in
the name of the state of Iowa, for the use of such boards and
institutions, and such funds shall be available only on the
check of such boards or institutions depositing them, which
are hereby authorized to withdraw such funds, but only after
allotment by the governor as provided in section 8.31 ; and
d. Provided further, that this chapter shall not apply to
endowment or private trust funds or to gifts to institutions
owned or controlled by the state or to the income from such
endowment or private trust funds, or to private funds belonging
to students or inmates of state institutions.
2. The provisions of this chapter shall not be construed
to prohibit the state fair board from creating an emergency
or sinking fund out of the receipts of the state fair and
state appropriation for the purpose of taking care of any
emergency that might arise beyond the control of the board
of not to exceed three hundred thousand dollars. Neither
shall this chapter be construed to prohibit the state fair
board from retaining an additional sum of not to exceed three
hundred fifty thousand dollars to be used in carrying out the
provisions of chapter 173 .
Sec. 3. Section 8D.5, subsection 1, Code 2013, is amended
to read as follows:
1. a. An education telecommunications council is
established. The council consists of eighteen members and
shall include the following: two
(1) Two persons appointed by the state board of regents ;
two .
(2) Two persons appointed by the Iowa association of
community college trustees ; two .
(3) Two persons appointed by the area education agency
boards ; two .
(4) Two persons appointed by the Iowa association of school
boards ; two .
-2-
HF 417 (4) 85
lh/rj/md 2/ 143

H.F. 417
(5) Two persons appointed by the school administrators of
Iowa ; two .
(6) Two persons appointed by the Iowa association of
independent colleges and universities ; two .
(7) Two persons appointed by the Iowa state education
association ; three .
(8) Three persons appointed by the director of the
department of education including one person representing
libraries and one person representing the Iowa association of
nonpublic school administrators ; and one .
(9) One person appointed by the administrator of the public
broadcasting division of the department of education.
b. The council shall establish scheduling and site usage
policies for educational users of the network, coordinate the
activities of the regional telecommunications councils, and
develop proposed rules and changes to rules for recommendation
to the commission. The council shall also recommend long-range
plans for enhancements needed for educational applications.
c. Administrative support and staffing for the council shall
be provided by the department of education.
Sec. 4. Section 15.107, subsection 5, paragraph a, Code
2013, is amended to read as follows:
a. That the corporation review reviews and, at the board’s
direction, implement implements the applicable portions of the
strategic plan developed by members of the authority pursuant
to section 15.105 .
Sec. 5. Section 16.6, subsection 2, Code 2013, is amended
to read as follows:
2. The executive director shall advise the authority on
matters relating to housing and housing finance, carry out
all directives from the authority, and hire and supervise the
authority’s staff pursuant to its directions. All employees
of the authority are exempt from the merit system provisions
of chapter 8A, subchapter IV .
Sec. 6. Section 16.27, subsection 4, Code 2013, is amended
-3-
HF 417 (4) 85
lh/rj/md 3/ 143

H.F. 417
to read as follows:
4. The authority shall cause to be delivered to the
legislative fiscal committee within ninety days of the close of
its fiscal year its annual report certified by an independent
certified public accountant , ( who may be the accountant or
a member of the firm of accountants who regularly audits
the books and accounts of the authority ) , selected by the
authority.
Sec. 7. Section 24.2, subsection 3, Code 2013, is amended
to read as follows:
3. The words “fiscal year” shall mean the period of twelve
months beginning on July 1 and ending on the thirtieth day of
June. The fiscal year of cities, counties, and other political
subdivisions of the state shall begin July 1 and end the
following June 30.
The fiscal year of cities, counties, and other political
subdivisions of the state shall begin July 1 and end the
following June 30.
Sec. 8. Section 28A.24, Code 2013, is amended to read as
follows:
28A.24 Exemption from taxation.
Since an authority is performing essential governmental
functions, an authority is not required to pay any taxes or
assessments of any kind or nature upon any property required
or used by it for its purposes, or any rates, fees, rentals,
receipts, or incomes at any time received by it, and the
bonds issued by an authority, their transfer, and the income,
including any profits made on the sale of the bonds, is
deductible in determining net income for the purposes of the
state individual and corporate income tax under chapter 422,
divisions II and III of chapter 422 , and shall not be taxed by
any political subdivision of this state.
Sec. 9. Section 28E.2, Code 2013, is amended to read as
follows:
28E.2 Definitions.
-4-
HF 417 (4) 85
lh/rj/md 4/ 143

H.F. 417
For the purposes of this chapter , the term “public agency” :
1. “ Private agency” shall mean an individual and any form of
business organization authorized under the laws of this or any
other state.
2. “Public agency” shall mean any political subdivision of
this state; any agency of the state government or of the United
States; and any political subdivision of another state. The
term “state”
3. “State” shall mean a state of the United States and the
District of Columbia. The term “private agency” shall mean an
individual and any form of business organization authorized
under the laws of this or any other state.
Sec. 10. Section 29A.15, Code 2013, is amended to read as
follows:
29A.15 State awards and decorations.
The adjutant general, from the funds appropriated for the
support and maintenance of the national guard, shall procure
and issue to the members of the national guard merit or
service badges or other appropriate awards for service under
regulations and according to the design and pattern determined
by the adjutant general. Members of the national guard who,
by order of the president, serve in federal forces during a
national emergency, may count the period of that federal active
duty toward the procurement of a service badge.
Sec. 11. Section 29C.17, subsection 2, unnumbered paragraph
1, Code 2013, is amended to read as follows:
For the purposes consistent with this chapter , the local
emergency management agency’s approved budget shall be
funded by one or any combination of the following options, as
determined by the commission:
Sec. 12. Section 34A.6, subsection 1, Code 2013, is amended
to read as follows:
1. Before a joint E911 service board may request imposition
of the wire-line E911 service surcharge by the program manager,
the board shall submit the following question to voters, as
-5-
HF 417 (4) 85
lh/rj/md 5/ 143

H.F. 417
provided in subsection 2 , in the proposed E911 service area,
and the question shall receive a favorable vote from a simple
majority of persons submitting valid ballots on the following
question within the proposed E911 service area:
Shall the following public measure be adopted?
YES ....
NO ....
Enhanced 911 emergency telephone service shall be funded,
in whole or in part, by a monthly surcharge of (an amount
determined by the local joint E911 service board of up to one
dollar) on each telephone access line collected as part of each
telephone subscriber’s monthly phone bill if provided within
(description of the proposed E911 service area).
Sec. 13. Section 34A.7A, subsection 2, paragraph b, Code
2013, is amended to read as follows:
b. The program manager shall reimburse communication
communications service providers on a calendar quarter basis
for carriers’ eligible expenses for transport costs between the
selective router and the public safety answering points related
to the delivery of wireless E911 phase 1 services.
Sec. 14. Section 49.80, subsection 2, Code 2013, is amended
to read as follows:
2. a. In case of any challenges of an elector at the
time the person is offering to vote in a precinct, a precinct
election official may place such person under oath and question
the person as , (a) where to the following:
(1) Where the person maintains the person’s home ; (b) how .
(2) How long the person has maintained the person’s home at
such place ; (c) if .
(3) If the person maintains a home at any other location ;
(d) the .
(4) The person’s age.
b. The precinct election official may permit the challenger
to participate in such questions. The challenged elector shall
be allowed to present to the official such evidence and facts
-6-
HF 417 (4) 85
lh/rj/md 6/ 143

H.F. 417
as the elector feels sustains the fact that the person is
qualified to vote. Upon completion thereof, if the challenge
is withdrawn, the elector may cast the vote in the usual
manner. If the challenge is not withdrawn, section 49.81 shall
apply.
Sec. 15. Section 50.20, Code 2013, is amended to read as
follows:
50.20 Notice of number of provisional ballots.
The commissioner shall compile a list of the number of
provisional ballots cast under section 49.81 in each precinct.
The list shall be made available to the public as soon as
possible, but in no case later than nine o’clock 9:00 a.m. on
the second day following the election. Any elector may examine
the list during normal office hours, and may also examine the
affidavit envelopes bearing the ballots of challenged electors
until the reconvening of the special precinct board as required
by this chapter . Only those persons so permitted by section
53.23, subsection 4 , shall have access to the affidavits while
that board is in session. Any elector may present written
statements or documents, supporting or opposing the counting of
any provisional ballot, at the commissioner’s office until the
reconvening of the special precinct board.
Sec. 16. Section 53.45, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2013, is amended to read as
follows:
As provided in this section , the commissioner shall
provide special absentee ballots to be used for state general
elections. A special absentee ballot shall only be provided to
an eligible elector who completes an application stating both
of the following to the best of the eligible elector’s belief:
Sec. 17. Section 68A.604, Code 2013, is amended to read as
follows:
68A.604 Funds.
Any candidate for a partisan public office, except as
otherwise provided by section 68A.103, subsection 2 , may
-7-
HF 417 (4) 85
lh/rj/md 7/ 143

H.F. 417
receive campaign funds from the Iowa election campaign
fund through the state central committee of the candidate’s
political party. However, the state central committee of
each political party shall have discretion as to which of
the party’s candidates for public office shall be allocated
campaign funds out of money received by that party from the
Iowa election campaign fund.
Sec. 18. Section 88.8, subsection 2, Code 2013, is amended
to read as follows:
2. Noncompliance notice. If the commissioner has reason to
believe that an employer has failed to correct the violation
for which a citation has been issued within the period
permitted for its correction , ( which period shall not begin to
run until the entry of a final order by the appeal board in the
case of any review proceedings under this section initiated
by the employer in good faith and not solely for delay or
avoidance of penalties ) , the commissioner shall notify the
employer by service in the same manner as an original notice or
by certified mail of the failure and of the penalty proposed
to be assessed under section 88.14 by reason of the failure,
and that the employer has fifteen working days within which to
notify the commissioner that the employer wishes to contest
the commissioner’s notification or the proposed assessment of
penalty. If, within fifteen working days from the receipt
of notification issued by the commissioner, the employer
fails to notify the commissioner that the employer intends to
contest the notification or proposed assessment of penalty, the
notification and assessment, as proposed, shall be deemed the
final order of the appeal board and not subject to review by
any court or agency.
Sec. 19. Section 88.19, Code 2013, is amended to read as
follows:
88.19 Annual report.
Within one hundred twenty days following the convening
of each session of each general assembly, the commissioner
-8-
HF 417 (4) 85
lh/rj/md 8/ 143

H.F. 417
shall prepare and submit to the governor for transmittal to
the general assembly a report upon the subject matter of
this chapter , the progress toward achievement of the purpose
of this chapter , the needs and requirements in the field
of occupational safety and health, and any other relevant
information. Such The reports may include information
regarding occupational the following:
1. Occupational safety and health standards, and criteria
for such standards, developed during the preceding year ;
evaluation .
2. Evaluation of standards and criteria previously
developed under this chapter , defining areas of emphasis for
new criteria and standards ; evaluation .
3. Evaluation of the degree of observance of applicable
occupational safety and health standards, and a summary of
inspection and enforcement activity undertaken ; analysis .
4. Analysis and evaluation of research activities for
which results have been obtained under governmental and
nongovernmental sponsorship ; an .
5. An analysis of major occupational diseases ; evaluation .
6. Evaluation of available control and measurement
technology for hazards for which standards or criteria have
been developed during the preceding year ; a .
7. A description of cooperative efforts undertaken between
government agencies and other interested parties in the
implementation of this chapter during the preceding year ; a .
8. A progress report on the development of an adequate
supply of trained personnel in the field of occupational safety
and health, including estimates of future needs and the efforts
being made by government and others to meet those needs ; a .
9. A listing of all toxic substances in industrial usage for
which labeling requirements, criteria, or standards have not
yet been established ; and such .
10. Such recommendations for additional legislation as are
deemed necessary to protect the safety and health of the worker
-9-
HF 417 (4) 85
lh/rj/md 9/ 143

H.F. 417
and improve the administration of this chapter .
Sec. 20. Section 96.13, subsection 2, Code 2013, is amended
to read as follows:
2. Replenishment of lost funds. If any moneys received
after June 30, 1941, from the social security board
administration under Tit. III of the Social Security Act, or
any unencumbered balances in the unemployment compensation
administration fund as of that date, or any moneys granted
after that date to this state pursuant to the provisions
of the Wagner-Peyser Act, or any moneys made available by
this state or its political subdivisions and matched by such
moneys granted to this state pursuant to the provisions of
the Wagner-Peyser Act, are found by the social security board
administration , because of any action or contingency, to
have been lost or been expended for purposes other than or
in amounts in excess of, those found necessary by the social
security board administration for the proper administration of
this chapter , it is the policy of this state that such moneys
shall be replaced by moneys appropriated for such purpose
from the general funds of this state to the unemployment
compensation administration fund for expenditure as provided
in subsection 1 of this section . Upon receipt of notice of
such a finding by the social security board administration ,
the department shall promptly report the amount required for
such replacement to the governor and the governor shall at
the earliest opportunity, submit to the legislature a request
for the appropriation of such amount. This subsection shall
not be construed to relieve this state of its obligation with
respect to funds received prior to July 1, 1941, pursuant to
the provisions of Tit. III of the Social Security Act.
Sec. 21. Section 97C.12, Code 2013, is amended to read as
follows:
97C.12 Contribution fund.
1. There is hereby established in the office of the
treasurer of state a special fund to be known as the
-10-
HF 417 (4) 85
lh/rj/md 10/ 143

H.F. 417
contribution fund. Such fund shall consist of, and there shall
be deposited in such fund: (1) all
a. All taxes, interest, and penalties collected under
sections 97C.5 , 97C.10 , and 97C.11 ; (2) all .
b. All moneys appropriated thereto under this chapter ; (3)
any .
c. Any property or securities and earnings thereof acquired
through the use of moneys belonging to the fund ; (4) interest .
d. Interest earned upon any moneys in the fund ; and (5) all .
e. All sums recovered upon the bond of the custodian or
otherwise for losses sustained by the fund and all other moneys
received for the fund from any other source.
2. Subject to the provisions of this chapter , the state
agency is vested with full power, authority and jurisdiction
over the fund, including all moneys and property or securities
belonging thereto, and may perform any and all acts whether
or not specifically designated, which are necessary to the
administration thereof and are consistent with the provisions
of this chapter . All moneys in this fund shall be mingled and
undivided.
Sec. 22. Section 123.30, subsection 2, Code 2013, is amended
to read as follows:
2. No A liquor control license shall not be issued
for premises which do not conform to all applicable laws,
ordinances, resolutions, and health and fire regulations. Nor
shall any A licensee shall not have or maintain any interior
access to residential or sleeping quarters unless permission is
granted by the administrator in the form of a living quarters
permit.
Sec. 23. Section 123.50, subsection 1, Code 2013, is amended
to read as follows:
1. Any person who violates any of the provisions of section
123.49 , except section 123.49, subsection 2 , paragraph “h” ,
or who fails to affix upon sale, defaces, or fails to record
a keg identification sticker or produce a record of keg
-11-
HF 417 (4) 85
lh/rj/md 11/ 143

H.F. 417
identification stickers pursuant to section 123.138 , shall
be guilty of a simple misdemeanor. A person who violates
section 123.49, subsection 2 , paragraph “h” , commits a simple
misdemeanor punishable as a scheduled violation under section
805.8C, subsection 2 .
Sec. 24. Section 123.145, Code 2013, is amended to read as
follows:
123.145 Labels on bottles, barrels, etc. —— conclusive
evidence.
The label on any bottle, keg, barrel, or other container in
which beer is offered for sale in this state, representing the
alcoholic content of such beer as being in excess of five per
centum percent by weight shall be conclusive evidence as to the
alcoholic content of the beer contained therein.
Sec. 25. Section 124.401, subsection 1, paragraph d, Code
2013, is amended to read as follows:
d. Violation of this subsection , with respect to any other
controlled substances, counterfeit substances, or simulated
controlled substances classified in section 124.204, subsection
4, paragraph “ai” , or section 124.204, subsection 6 , paragraph
“i” , or classified in schedule IV or V is an aggravated
misdemeanor. However, violation of this subsection involving
fifty kilograms or less of marijuana or involving flunitrazepam
is a class “D” felony.
Sec. 26. Section 126.11, subsection 3, paragraph b, Code
2013, is amended to read as follows:
b. A drug dispensed by filling or refilling a written,
electronic, facsimile, or oral prescription of a practitioner
licensed by law to administer the drug is exempt from section
126.10 , except section 126.10, subsection 1 , paragraph “a”
and , section 126.10, paragraph “i” , subparagraphs (2) and
(3), and section 126.10, subsection 1 , paragraphs “k” and “l” ,
and the packaging requirements of section 126.10, subsection
1 , paragraphs “g” , “h” , and “p” , if the drug bears a label
containing the name and address of the dispenser, the date of
-12-
HF 417 (4) 85
lh/rj/md 12/ 143

H.F. 417
the prescription or of its filling, the name of the prescriber,
and, if stated in the prescription, the name of the patient,
and the directions for use and cautionary statements, if
any, contained in the prescription. This exemption does not
apply to a drug dispensed in the course of the conduct of the
business of dispensing drugs pursuant to diagnosis by mail,
or to a drug dispensed in violation of paragraph “a” of this
subsection .
Sec. 27. Section 135.74, subsection 2, Code 2013, is amended
to read as follows:
2. In establishing uniform methods of financial reporting,
the department shall consider all of the following :
a. The existing systems of accounting and reporting
currently utilized by hospitals and health care facilities ; .
b. Differences among hospitals and health care facilities,
respectively, according to size, financial structure, methods
of payment for services, and scope, type and method of
providing services ; and .
c. Other pertinent distinguishing factors.
Sec. 28. Section 135.75, subsection 1, Code 2013, is amended
to read as follows:
1. Each hospital and each health care facility shall
annually, after the close of its fiscal year, file all of the
following with the department:
a. A balance sheet detailing the assets, liabilities and net
worth of the hospital or health care facility ; .
b. A statement of its income and expenses ; and .
c. Such other reports of the costs incurred in rendering
services as the department may prescribe.
Sec. 29. Section 135.83, Code 2013, is amended to read as
follows:
135.83 Contracts for assistance with analyses, studies, and
data.
In furtherance of the department’s responsibilities under
sections 135.76 and 135.78 , the director may contract with the
-13-
HF 417 (4) 85
lh/rj/md 13/ 143

H.F. 417
Iowa hospital association and third-party payers, the Iowa
health care facilities association and third-party payers, or
the Iowa association of homes for the aging leading age Iowa
and third-party payers for the establishment of pilot programs
dealing with prospective rate review in hospitals or health
care facilities, or both. Such contract shall be subject to
the approval of the executive council and shall provide for an
equitable representation of health care providers, third-party
payers, and health care consumers in the determination
of criteria for rate review. No third-party payer shall
be excluded from positive financial incentives based upon
volume of gross patient revenues. No state or federal funds
appropriated or available to the department shall be used for
any such pilot program.
Sec. 30. Section 135.156, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2013, is amended to read as
follows:
An executive committee of the electronic health information
advisory council is established. Members of the executive
committee of the advisory council shall receive reimbursement
for actual expenses incurred while serving in their official
capacity only if they are not eligible for reimbursement by
the organization that they represent. The executive committee
shall consist of the following members:
Sec. 31. Section 135.156B, subsections 5 and 8, Code 2013,
are amended to read as follows:
5. Apply for, acquire by gift or purchase, and hold,
dispense, or dispose of funds and real or personal property
from any person, governmental entity, or organization in the
exercise of its the department’s powers or performance of its
the department’s duties in accordance with this division .
8. Execute all instruments necessary or incidental to the
performance of its the department’s duties and the execution of
its the department’s powers under this division .
Sec. 32. Section 135C.2, subsection 5, paragraph a, Code
-14-
HF 417 (4) 85
lh/rj/md 14/ 143

H.F. 417
2013, is amended to read as follows:
a. A facility provider under the special classification
must comply with rules adopted by the department for the
special classification. However, a facility provider which has
been accredited by the accreditation council for services to
persons with an intellectual disability and other developmental
disabilities on quality and leadership shall be deemed to be in
compliance with the rules adopted by the department.
Sec. 33. Section 135C.6, subsection 3, Code 2013, is amended
to read as follows:
3. No change in a health care facility, its operation,
program, or services, of a degree or character affecting
continuing licensability licensure shall be made without prior
approval thereof by the department. The department may by rule
specify the types of changes which shall not be made without
its prior approval.
Sec. 34. Section 135C.6, subsection 8, paragraph c,
unnumbered paragraph 1, Code 2013, is amended to read as
follows:
A residential program approved by the department of human
services pursuant to this paragraph “c” to receive moneys
appropriated to the department of human services under
provisions of a federally approved home and community-based
services waiver for persons with an intellectual disabilities
disability may provide care to not more than five individuals.
The department shall approve a residential program under this
paragraph that complies with all of the following conditions:
Sec. 35. Section 138.13, subsection 2, paragraph m, Code
2013, is amended to read as follows:
m. When a camp is operated during a season requiring
artificial heating, living quarters with a minimum of one
hundred square feet per occupant shall be provided and such
living quarters or shelters shall, also, be provided with
properly installed heating equipment of adequate capacity
to maintain a room temperature of at least 70 degrees F
-15-
HF 417 (4) 85
lh/rj/md 15/ 143

H.F. 417
Fahrenheit . A stove or other source of heat shall be installed
and vented in a manner to avoid both a fire hazard and a
concentration of fumes or gas within such living quarters and
shelters. In a room with wooden or combustible flooring, there
shall be a concrete slab, metal sheet, or other fire-resistant
material, on the floor under each stove, extending at least
eighteen inches beyond the perimeter of the base of the stove.
Any wall or ceiling not having a fire-resistant surface, within
twenty-four inches of a stove or stovepipe, shall be protected
by a metal sheet or other fire-resistant material. Heating
appliances, other than electrical, shall be provided with a
stovepipe or vent connected to the appliance and discharging to
the outside air or chimney. The vent or chimney shall extend
above the peak of the roof. Stovepipes shall be insulated
with fire-resistant material where they pass through walls,
ceilings, or floors.
Sec. 36. Section 138.13, subsection 6, paragraph d, Code
2013, is amended to read as follows:
d. Every service building used during periods requiring
artificial heating shall be provided with equipment capable
of maintaining a room temperature of at least 70 degrees F
Fahrenheit .
Sec. 37. Section 144A.2, subsection 8, Code 2013, is amended
to read as follows:
8. a. “Life-sustaining procedure” means any medical
procedure, treatment, or intervention, including resuscitation,
which meets both of the following requirements:
a. (1) Utilizes mechanical or artificial means to sustain,
restore, or supplant a spontaneous vital function.
b. (2) When applied to a patient in a terminal condition,
would serve only to prolong the dying process.
b. “Life-sustaining procedure” does not include the
provision of nutrition or hydration except when required
to be provided parenterally or through intubation or the
administration of medication or performance of any medical
-16-
HF 417 (4) 85
lh/rj/md 16/ 143

H.F. 417
procedure deemed necessary to provide comfort care or to
alleviate pain.
Sec. 38. Section 163.26, Code 2013, is amended to read as
follows:
163.26 Definition.
For the purposes of this subchapter , “garbage” means
putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of foods,
including animal carcasses or parts. “Garbage” includes all
waste material, by-products of a kitchen, restaurant, hotel,
or slaughterhouse, every refuse accumulation of animal,
fruit, or vegetable matter, liquids or otherwise, or grain not
consumed, that is collected from hog sales pen floors in public
stockyards. Animals or parts of animals, which are processed
by slaughterhouses or rendering establishments, and which as
part of the processing are heated to not less than 212 degrees
F. Fahrenheit for thirty minutes, are not garbage for purposes
of this chapter .
Sec. 39. Section 176A.10, subsection 2, Code 2013, is
amended to read as follows:
2. An extension council of an extension district may choose
to be subject to the levy and revenue limits specified in
subparagraphs (2) of subsection 1 , paragraphs “a” through
“d” , and subsection 1 , paragraph “e” , for the purpose of the
annual levy for the fiscal year commencing July 1, 1991, which
levy is payable in the fiscal year beginning July 1, 1992.
Before an extension district may be subject to the levy and
revenue limits specified in subparagraphs (2) of subsection 1 ,
paragraphs “a” through “d” , and subsection 1 , paragraph “e” ,
for fiscal years beginning on or after July 1, 1992, which levy
is payable in fiscal years beginning on or after July 1, 1993,
the question of whether the district shall be subject to the
levy and revenue limits as specified in such paragraphs must
be submitted to the registered voters of the district. The
question shall be submitted at the time of a state general
-17-
HF 417 (4) 85
lh/rj/md 17/ 143

H.F. 417
election. If the question is approved by a majority of those
voting on the question the levy and revenue limits specified in
subparagraphs (2) of subsection 1 , paragraphs “a” through “d” ,
and subsection 1 , paragraph “e” , shall thereafter apply to the
extension district. The question need only be approved at one
state general election. If a majority of those voting on the
question vote against the question, the district may continue
to submit the question at subsequent state general elections
until approved.
Sec. 40. Section 189A.11, Code 2013, is amended to read as
follows:
189A.11 Access by inspectors —— acceptance by state agencies.
1. No A person shall not deny access to any authorized
inspectors upon the presentation of proper identification at
any reasonable time to establishments and to all parts of such
premises for the purposes of making inspections under this
chapter .
2. When meat has been inspected and approved by the
department, such inspection will be equal to federal inspection
and therefore may be accepted by state agencies and political
subdivisions of the state and no other inspection can be
required.
1. a. No An inspection of products placed in any container
at any official establishment shall not be deemed to be
complete until the products are sealed or enclosed therein
under the supervision of an inspector.
2. b. For purposes of any inspection of products required
by this chapter , inspectors authorized by the secretary shall
have access at all times by day or night to every part of every
establishment required to have inspection under this chapter ,
whether the establishment is operated or not.
Sec. 41. Section 190.12, subsection 1, Code 2013, is amended
to read as follows:
1. Frozen desserts and the pasteurized dairy ingredients
used in the manufacture thereof, shall comply with the
-18-
HF 417 (4) 85
lh/rj/md 18/ 143

H.F. 417
following standards:
____________________________________________________________
Milk, cream, and fluid Temperature Storage at 45
degrees F Fahrenheit .
dairy ingredient Bacterial limit 50,000 per
milliliter
Coliform limit 10 per milliliter
____________________________________________________________
Frozen dessert mixes, Temperature Storage at 45
degrees F Fahrenheit .
frozen desserts (plain) Bacterial limit 50,000 per gram
Coliform limit 10 per gram
____________________________________________________________
Dry dairy ingredient Extra grade or better as defined by
U. S. Standards for grades for the
particular product.
____________________________________________________________
Dry powder mix Bacterial limit 50,000 per gram
Coliform limit 10 per gram
____________________________________________________________
Sec. 42. Section 203C.15, subsection 6, paragraph a,
unnumbered paragraph 1, Code 2013, is amended to read as
follows:
The licensed warehouse operator may comply to with the
demand by doing any of the following:
Sec. 43. Section 230.15, Code 2013, is amended to read as
follows:
230.15 Personal liability.
1. A person with mental illness and a person legally liable
for the person’s support remain liable for the support of
the person with mental illness as provided in this section .
Persons legally liable for the support of a person with mental
illness include the spouse of the person, any person bound
by contract for support of the person, and, with respect to
persons with mental illness under eighteen years of age only,
-19-
HF 417 (4) 85
lh/rj/md 19/ 143

H.F. 417
the father and mother of the person. The county auditor,
subject to the direction of the board of supervisors, shall
enforce the obligation created in this section as to all sums
advanced by the county. The liability to the county incurred
by a person with mental illness or a person legally liable for
the person’s support under this section is limited to an amount
equal to one hundred percent of the cost of care and treatment
of the person with mental illness at a state mental health
institute for one hundred twenty days of hospitalization. This
limit of liability may be reached by payment of the cost of
care and treatment of the person with mental illness subsequent
to a single admission or multiple admissions to a state
mental health institute or, if the person is not discharged as
cured, subsequent to a single transfer or multiple transfers
to a county care facility pursuant to section 227.11 . After
reaching this limit of liability, a person with mental illness
or a person legally liable for the person’s support is liable
to the county for the care and treatment of the person with
mental illness at a state mental health institute or, if
transferred but not discharged as cured, at a county care
facility in an amount not in excess of the average minimum
cost of the maintenance of an individual who is physically and
mentally healthy residing in the individual’s own home, which
standard shall be established and may from time to time be
revised by the department of human services. A lien imposed
by section 230.25 shall not exceed the amount of the liability
which may be incurred under this section on account of a person
with mental illness.
2. A person with a substance-related disorder is
legally liable for the total amount of the cost of providing
care, maintenance, and treatment for the person with a
substance-related disorder while a voluntary or committed
patient. When a portion of the cost is paid by a county,
the person with a substance-related disorder is legally
liable to the county for the amount paid. The person with
-20-
HF 417 (4) 85
lh/rj/md 20/ 143

H.F. 417
a substance-related disorder shall assign any claim for
reimbursement under any contract of indemnity, by insurance
or otherwise, providing for the person’s care, maintenance,
and treatment in a state hospital to the state. Any payments
received by the state from or on behalf of a person with a
substance-related disorder shall be in part credited to the
county in proportion to the share of the costs paid by the
county.
3. Nothing in this section shall be construed to prevent
a relative or other person from voluntarily paying the full
actual cost or any portion of the care and treatment of any
person with mental illness or a substance-related disorder as
established by the department of human services.
Sec. 44. Section 231D.3A, Code 2013, is amended to read as
follows:
231D.3A Exception.
An entity certified by the centers for Medicare and Medicaid
services of the United States department of health and human
services as a federal program of all-inclusive care for the
elderly shall not be required to be certified as an adult
day services program under this chapter . A program for of
all-inclusive care for the elderly, as used in this section ,
shall not identify itself or hold itself out to be an adult day
services program as defined in section 231D.1 .
Sec. 45. Section 235.3, subsection 2, Code 2013, is amended
to read as follows:
2. Make such reports and obtain and furnish such information
from time to time as may be necessary to permit cooperation by
the state division with the United States children’s bureau,
the social security board administration , or any other federal
agency which is now or may hereafter be charged with any duty
regarding child care or child welfare services.
Sec. 46. Section 235B.1, subsection 4, paragraph a,
subparagraph (1), Code 2013, is amended to read as follows:
(1) Advise the director of human services, the director
-21-
HF 417 (4) 85
lh/rj/md 21/ 143

H.F. 417
of elder affairs the department on aging , the director of
inspections and appeals, the director of public health, the
director of the department of corrections, and the director of
human rights regarding dependent adult abuse.
Sec. 47. Section 235B.16A, subsection 4, Code 2013, is
amended to read as follows:
4. The department of human services shall cooperate with
the department on aging, the departments of elder affairs,
inspections and appeals, public health, public safety, and
workforce development, the civil rights commission, and other
state and local agencies performing inspections or otherwise
visiting residential settings where dependent adults live,
to regularly provide training to the appropriate staff in
the agencies concerning each agency’s procedures involving
dependent adults, and to build awareness concerning dependent
adults and reporting of dependent adult abuse.
Sec. 48. Section 249A.4B, subsection 2, paragraph a,
subparagraphs (29) and (41), Code 2013, are amended to read as
follows:
(29) The Iowa association of homes and services for the
aging Leading age Iowa .
(41) The Iowa dietetic association academy of nutrition and
dietetics .
Sec. 49. Section 249A.12, subsection 3, paragraph b, Code
2013, is amended to read as follows:
b. The state shall be responsible for all of the nonfederal
share of medical assistance home and community-based services
waivers for persons with an intellectual disabilities
disability services provided to minors, and a county is not
required to reimburse the department and shall not be billed
for the nonfederal share of the costs of the services.
Sec. 50. Section 249A.12, subsection 5, paragraph b, Code
2013, is amended to read as follows:
b. The department of human services shall seek federal
approval to amend the home and community-based services waiver
-22-
HF 417 (4) 85
lh/rj/md 22/ 143

H.F. 417
for persons with an intellectual disabilities disability
to include day habilitation services. Inclusion of day
habilitation services in the waiver shall take effect upon
receipt of federal approval.
Sec. 51. Section 249A.26, subsection 4, Code 2013, is
amended to read as follows:
4. The state shall pay for the entire nonfederal share
of the costs for case management services provided to
persons seventeen years of age or younger who are served in
a home and community-based services waiver program under the
medical assistance program for persons with an intellectual
disabilities disability .
Sec. 52. Section 249A.30, subsection 1, Code 2013, is
amended to read as follows:
1. The base reimbursement rate for a provider of services
under a medical assistance program home and community-based
services waiver for persons with an intellectual disabilities
disability shall be recalculated at least every three years
to adjust for the changes in costs during the immediately
preceding three-year period.
Sec. 53. Section 249L.4, subsection 5, paragraph b,
subparagraph (4), Code 2013, is amended to read as follows:
(4) Each nursing facility shall submit to the department,
information in a form as specified by the department and
developed in cooperation with representatives of the Iowa
caregivers association, the Iowa health care association, the
leading age Iowa association of homes and services for the
aging , and the AARP Iowa chapter, that demonstrates compliance
by the nursing facility with the requirements for use of the
rate adjustment increases and other reimbursements provided to
nursing facilities through the quality assurance assessment.
Sec. 54. Section 252.27, unnumbered paragraph 2, Code 2013,
is amended to read as follows:
The board shall record its proceedings relating to the
provision of assistance to specific persons under this chapter .
-23-
HF 417 (4) 85
lh/rj/md 23/ 143

H.F. 417
A person who is aggrieved by a decision of the board may appeal
the decision as if it were a contested case before an agency
and as if the person had exhausted administrative remedies in
accordance with the procedures and standards in section 17A.19,
subsections 2 to 12 , except section 17A.19, subsection 10 ,
paragraphs “b” and “g” , and section 17A.20 .
Sec. 55. Section 252D.17, Code 2013, is amended to read as
follows:
252D.17 Notice to payor of income —— duties and liability ——
criminal penalty.
1. The district court shall provide notice by sending a copy
of the order for income withholding or a notice of the order
for income withholding to the obligor and the obligor’s payor
of income by regular mail, with proof of service completed
according to rule of civil procedure 1.442. The child support
recovery unit shall provide notice of the income withholding
order by sending a notice of the order to the obligor’s payor
of income by regular mail or by electronic means. Proof of
service may be completed according to rule of civil procedure
1.442. The child support recovery unit’s notice of the order
may be sent to the payor of income on the same date that the
order is sent to the clerk of court for filing. In all other
instances, the income withholding order shall be filed with the
clerk of court prior to sending the notice of the order to the
payor of income. In addition to the amount to be withheld for
payment of support, the order or the notice of the order shall
be in a standard format as prescribed by the unit and shall
include all of the following information regarding the duties
of the payor in implementing the withholding order:
1. a. The withholding order or notice of the order
for income withholding for child support or child support
and spousal support has priority over a garnishment or an
assignment for any other purpose.
2. b. As reimbursement for the payor’s processing costs,
the payor may deduct a fee of no more than two dollars for each
-24-
HF 417 (4) 85
lh/rj/md 24/ 143

H.F. 417
payment in addition to the amount withheld for support. The
payor of income is not required to vary the payroll cycle to
comply with the frequency of payment of a support order.
3. c. The amount withheld for support, including the
processing fee, shall not exceed the amounts specified in 15
U.S.C. § 1673(b).
4. d. The income withholding order is binding on an
existing or future payor of income ten days after receipt of
the copy of the order or the notice of the order, and is binding
whether or not the copy of the order received is file-stamped.
5. e. The payor shall send the amounts withheld to the
collection services center or the clerk of the district court
pursuant to section 252B.14 within seven business days of the
date the obligor is paid. “Business day” means a day on which
state offices are open for regular business.
6. f. The payor may combine amounts withheld from the
obligors’ income in a single payment to the clerk of the
district court or to the collection services center, as
appropriate. Whether combined or separate, payments shall be
identified by the name of the obligor, account number, amount,
and the date withheld. If payments for multiple obligors are
combined, the portion of the payment attributable to each
obligor shall be specifically identified.
7. g. The withholding is binding on the payor until further
notice by the court or the child support recovery unit.
8. h. If the payor, with actual knowledge and intent to
avoid legal obligation, fails to withhold income or to pay the
amounts withheld to the collection services center or the clerk
of court in accordance with the provisions of the order, the
notice of the order, or the notification of payors of income
provisions established in section 252B.13A , the payor commits a
simple misdemeanor for a first offense and is liable for the
accumulated amount which should have been withheld, together
with costs, interest, and reasonable attorney fees related to
the collection of the amounts due from the payor. For each
-25-
HF 417 (4) 85
lh/rj/md 25/ 143

H.F. 417
subsequent offense prescribed under this subsection paragraph ,
the payor commits a serious misdemeanor and is liable for the
accumulated amount which should have been withheld, together
with costs, interest, and reasonable attorney fees related to
the collection of the amounts due from the payor.
9. i. The payor shall promptly notify the court or the
child support recovery unit when the obligor’s employment or
other income terminates, and provide the obligor’s last known
address and the name and address of the obligor’s new employer,
if known.
10. j. Any payor who discharges an obligor, refuses to
employ an obligor, or takes disciplinary action against an
obligor based upon income withholding is guilty of a simple
misdemeanor. A withholding order or the notice of the order
for income withholding has the same force and effect as any
other district court order, including , but not limited to ,
contempt of court proceedings for noncompliance.
11. a. k. (1) Beginning July 1, 1997, if a payor of
income does business in another state through a registered
agent and receives a notice of income withholding issued by
another state , the payor shall, and beginning January 1, 1998,
any payor of income shall , withhold funds as directed in a
notice issued by another state, except that a payor of income
shall follow the laws of the obligor’s principal place of
employment when determining all of the following:
(1) (a) The payor’s fee for processing an income
withholding payment.
(2) (b) The maximum amount permitted to be withheld from
the obligor’s income.
(3) (c) The time periods for implementing the income
withholding order and forwarding the support payments.
(4) (d) The priorities for withholding and allocating
income withheld for multiple child support obligees.
(5) (e) Any withholding terms or conditions not specified
in the order.
-26-
HF 417 (4) 85
lh/rj/md 26/ 143

H.F. 417
b. (2) A payor of income who complies with an income
withholding notice that is regular on its face shall not be
subject to any civil liability to any individual or agency for
conduct in compliance with the notice.
12. l. The payor of income shall comply with chapter 252K
when receiving a notice of income withholding from another
state.
13. m. The department shall establish criteria and a
phased-in schedule to require, no later than June 30, 2015,
payors of income to electronically transmit the amounts
withheld under an income withholding order. The department
shall assist payors of income in complying with the required
electronic transmission, and shall adopt rules setting forth
procedures for use in electronic transmission of funds, and
exemption from use of electronic transmission taking into
consideration any undue hardship electronic transmission
creates for payors of income.
Sec. 56. Section 256.9, subsection 55, paragraph a, Code
2013, is amended to read as follows:
a. The Iowa dietetic association academy of nutrition and
dietetics .
Sec. 57. Section 256.18A, Code 2013, is amended to read as
follows:
256.18A Service learning.
The board of directors of a school district or the
authorities in charge of a nonpublic school may require a
certain number of service learning units as a condition for
the inclusion of a service learning endorsement on a student’s
diploma or as a condition of graduation from the district
or school. For purposes of this paragraph section , “service
learning” means a method of teaching and learning which engages
students in solving problems and addressing issues in their
school or greater community as part of the academic curriculum.
Sec. 58. Section 256.42, subsection 6, Code 2013, is amended
to read as follows:
-27-
HF 417 (4) 85
lh/rj/md 27/ 143

H.F. 417
6. Coursework offered under the initiative shall be
rigorous and high quality, and the department shall annually
evaluate the quality of the courses , and ensure that coursework
is aligned with the state’s core curriculum and core content
requirements and standards, as well as national standards
of quality for online courses issued by an internationally
recognized association for kindergarten through grade twelve
online learning.
Sec. 59. Section 258.16, subsection 3, paragraph d, Code
2013, is amended to read as follows:
d. Implement the procedures and contract, at the request
of the director of the board of vocational education, for the
delivery of vocational education programs and services pursuant
to section 256.11, subsection 4 , and section 256.11, subsection
5 , paragraph “h” , and section 260C.14, subsection 1 .
Sec. 60. Section 261B.2, subsection 5, paragraph c, Code
2013, is amended to read as follows:
c. Uses in its name the term “college” , “academy” ,
“institute” , or “university” or a similar term to imply that
the person is primarily engaged in the education of students
at the postsecondary level, and which makes a charge charges
for its services.
Sec. 61. Section 261B.9, subsection 7, Code 2013, is amended
to read as follows:
7. The disclosures required by the department of education
for an out-of-state school that the state board of education
approves to offer a practitioner preparation program by
distance delivery method.
Sec. 62. Section 261E.5, subsection 3, Code 2013, is amended
to read as follows:
3. From the funds allocated pursuant to section 261E.13,
subsection 1 , paragraph “d” , the department shall remit amounts
to the college board for advanced placement examinations
administered by the college board for students enrolled in
school districts and accredited nonpublic schools pursuant
-28-
HF 417 (4) 85
lh/rj/md 28/ 143

H.F. 417
to subsection 2 and shall distribute an amount per student
to a school district submitting a list of students properly
registered for the advanced placement examinations pursuant to
subsection 2 . The remittance rates to the college board and
distribution amounts to the school districts in accordance with
this subsection for the fiscal year beginning July 1, 2008, are
as follows: thirty-eight
a. Thirty-eight dollars for each school district or
accredited nonpublic school student who does not qualify for
fee reduction ; twenty-seven .
b. Twenty-seven dollars for each school district or
accredited nonpublic school student who qualifies for fee
reduction ; and eight .
c. Eight dollars to the school district for each school
district or accredited nonpublic school student who was listed
by the school district and who takes an advanced placement
examination in accordance with this section .
Sec. 63. Section 263B.3, Code 2013, is amended to read as
follows:
263B.3 Agreements with federal departments.
The state archaeologist is authorized to enter agreements
and cooperative efforts with the United States commissioner
of public roads federal highway administrator , the United
States departments of commerce, interior, agriculture , and
defense, and any other federal or state agencies concerned with
archaeological salvage or the preservation of antiquities.
Sec. 64. Section 266.48, subsection 1, paragraph a, Code
2013, is amended to read as follows:
a. Iowa state university, in cooperation with the department
of agriculture and land stewardship and the department of
natural resources, shall establish a cost-share program for the
livestock odor mitigation research efforts as established in
sections 266.43 through 266.45 that maximizes participation
in the livestock odor mitigation research efforts so as to
accomplish the purposes in section 266.42, subsection 1 .
-29-
HF 417 (4) 85
lh/rj/md 29/ 143

H.F. 417
Sec. 65. Section 272.31, subsection 5, Code 2013, is amended
to read as follows:
5. The state board of education shall work with institutions
of higher education, private colleges and universities,
community colleges, area education agencies, and professional
organizations to ensure that the courses and programs required
for authorization authorizations under this section are offered
throughout the state at convenient times and at a reasonable
cost.
Sec. 66. Section 273.3, subsection 2, Code 2013, is 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 , 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 and chapters 256B and 257 .
Sec. 67. Section 280.10, subsection 4, Code 2013, is amended
to read as follows:
4. “Industrial quality eye-protective devices” , as used
in this section , means devices meeting American national
standard , practice for occupational and educational eye and
face protection promulgated by the American national standards
institute, inc.
Sec. 68. Section 321.105A, subsection 5, paragraph b, Code
2013, is amended to read as follows:
b. If an amount of the fee for new registration represented
by a dealer to a purchaser is computed upon a purchase price
that is not subject to the fee for new registration or the
amount represented is in excess of the actual amount subject
to the fee and the amount represented is actually paid by
the purchaser to the dealer, the excess amount of fee for
new registration paid shall be returned to the purchaser
upon proper notification to the dealer by the purchaser that
-30-
HF 417 (4) 85
lh/rj/md 30/ 143

H.F. 417
an excess payment exists. “Proper” notification is written
notification which allows a dealer at least sixty days to
respond and which contains enough information to allow a dealer
to determine the validity of a purchaser’s claim that an excess
amount of fee for new registration has been paid. No cause
of action shall accrue against a dealer for excess fee for
new registration paid until sixty days after proper notice
notification has been given the dealer by the purchaser.
Sec. 69. Section 322.33, subsection 2, Code 2013, is amended
to read as follows:
2. Article Chapter 537, article 2, parts 5 and 6 , and
chapter 537, article 3 , sections 537.3203 , 537.3206 , 537.3209 ,
537.3304 , 537.3305 , and 537.3306 shall apply to any credit
transaction as defined in section 537.1301 , that is a retail
installment transaction. For the purpose of applying
provisions of the consumer credit code in those transactions,
“consumer credit sale” shall include a sale for a business
purpose.
Sec. 70. Section 322A.1, subsection 5, paragraph a,
subparagraphs (3) and (5), Code 2013, are amended to read as
follows:
(3) The franchisee, as an independent business, constitutes
a component of the franchiser’s distribution system.
(5) The operation of the franchisee’s business is
substantially reliant on the franchiser for the continued
supply of motor vehicles, parts, and accessories.
Sec. 71. Section 326.2, subsection 6, paragraph a, Code
2013, is amended to read as follows:
a. A one-way movement from one point originating outside
this state and destined to for another point outside this
state.
Sec. 72. Section 331.362, subsection 1, Code 2013, is
amended to read as follows:
1. A county has jurisdiction over secondary roads as
provided in section 306.4, subsection 2 , section 306.4,
-31-
HF 417 (4) 85
lh/rj/md 31/ 143

H.F. 417
subsection 5 , paragraph “b” , and section 306.4, subsection 6 ,
paragraph “b” .
Sec. 73. Section 331.382, subsection 8, paragraph a, Code
2013, is amended to read as follows:
a. The board is subject to chapter 161F , chapters 357
through 358 , or chapter 468, subchapters I through III , chapter
468, subchapter IV, parts 1 and 2 , or chapter 468, subchapter
V , as applicable, in acting relative to a special district
authorized under any of those chapters.
Sec. 74. Section 331.390, subsection 2, paragraph a, Code
2013, is amended to read as follows:
a. The voting membership of the governing board shall
consist of at least one board of supervisors member from each
county comprising the regions region or their designees.
Sec. 75. Section 331.390, subsection 3, paragraph b, Code
2013, is amended to read as follows:
b. The regional administrator staff shall include
one or more coordinators of disability services. A
coordinator shall possess a bachelor’s or higher level
degree in a human services-related or administrative-related
administration-related field, including but not limited
to social work, psychology, nursing, or public or business
administration, from an accredited college or university.
However, in lieu of a degree in public or business
administration, a coordinator may provide documentation of
relevant management experience. An action of a coordinator
involving a clinical decision shall be made in conjunction
with a professional who is trained in the delivery of the
mental health or disability service addressed by the clinical
decision. The regional administrator shall determine whether
referral to a coordinator of disability services is required
for a person seeking to access a service through a local access
point of the regional service system.
Sec. 76. Section 331.552, subsection 25, Code 2013, is
amended to read as follows:
-32-
HF 417 (4) 85
lh/rj/md 32/ 143

H.F. 417
25. Carry out duties relating to the funding of drainage
districts as provided in chapter 468, subchapter I, parts 1 to
5 , chapter 468, subchapter II, parts 1 , 5 , and 6 , chapter 468,
subchapter III , and chapter 468, subchapter IV, parts 1 and 2 .
Sec. 77. Section 341A.2, Code 2013, is amended to read as
follows:
341A.2 Civil service commission.
1. Subject to the alternate plan enumerated in section
341A.3 , there is created in each county a civil service
commission composed of three members. Two members shall be
appointed by the county board of supervisors and one member
shall be appointed by the county attorney of each county.
Appointees to the commission shall be residents of the county
for at least two years immediately preceding appointment,
and shall be electors. Terms of office shall be six years;
however, the initial members of the commission shall be
appointed as follows:
a. One of the members appointed by the board of supervisors
shall serve for a period of two years while the other member
shall serve for a period of six years and the board shall
specify the term of each member so appointed.
b. The member appointed by the county attorney shall serve
for a period of four years.
2. Any member of the commission may be removed by the
appointing authority for incompetence, dereliction of duty,
malfeasance in office, or for other good cause; however, no
member of the commission shall be removed until apprised
in writing of the nature of the charges against the member
and a hearing on such charges has been held before the
board of supervisors. In the event a vacancy occurs in the
commission for any reason other than expiration of the term, an
appointment to fill the vacancy for the unexpired term shall be
made in the same manner as the original appointment.
3. A majority vote of the membership of the commission shall
be sufficient to transact the business of the commission.
-33-
HF 417 (4) 85
lh/rj/md 33/ 143

H.F. 417
4. Not more than two commissioners shall be members of the
same political party. Commissioners shall hold no elective
or other appointive public office during their terms of
appointment to the commission. Commissioners shall serve
without compensation but shall be reimbursed for necessary
expense and mileage incurred in the actual performance of their
duties.
Sec. 78. Section 350.4, subsection 9, paragraph a, Code
2013, is amended to read as follows:
a. To participate in watershed projects of soil and water
conservation districts and the federal government and in
projects of drainage districts organized under the provisions
of chapter 161F and , chapter 468, subchapter I, parts 1 through
5 , and chapter 468, subchapter II, parts 1 , 5 , and 6 , for the
purpose of increasing the recreational resources of the county.
Sec. 79. Section 354.9, subsection 3, Code 2013, is amended
to read as follows:
3. If cities establish overlapping areas of review outside
their boundaries, then the cities shall establish by agreement
pursuant to chapter 28E reasonable standards and conditions
for review of subdivisions within the overlapping area. If no
agreement is recorded pursuant to chapter 28E then the city
which is closest to the boundary of the subdivision shall have
authority to review of the subdivision.
Sec. 80. Section 355.7, subsection 6, Code 2013, is amended
to read as follows:
6. a. The plat shall show the lengths and bearings of
the boundaries of the parcels surveyed. The course of each
boundary line shown on the plat may be indicated by a direct
bearing reference or by an angle between the boundary line and
an intersecting line having a shown bearing, except when the
boundary line has an irregular or constantly changing course,
as along a body of water, or when a description of the boundary
line is better achieved by measurements shown at points or
intervals along a meander line or an offset line having a shown
-34-
HF 417 (4) 85
lh/rj/md 34/ 143

H.F. 417
course. The bearings shall be referenced to a United States
public land survey system land line, or recorded subdivision
line. If the boundary lines show bearings, lengths, or
locations which vary from those recorded in deeds, abutting
plats, or other instruments of record, the following note shall
be placed along the lines: “recorded
Recorded as (show recorded bearing, length, or location)”
location) .
b. Bearings and angles shown shall be given to at least the
nearest minute of arc.
Sec. 81. Section 355.8, subsection 8, Code 2013, is amended
to read as follows:
8. a. The plat shall show the lengths and bearings of
the boundaries of the tracts surveyed. The course of each
boundary line shown on the plat may be indicated by a direct
bearing reference or by an angle between the boundary line and
an intersecting line having a shown bearing, except when the
boundary line has an irregular or constantly changing course,
as along a body of water, or when a description of the boundary
line is better achieved by measurements shown at points or
intervals along a meander line or an offset line having a shown
course. The bearing shall be referenced to a United States
public land survey system land line, or recorded subdivision
line. If the boundary lines show bearings, lengths, or
locations which vary from those recorded in deeds, abutting
plats, or other instruments of record, the following note shall
be placed along the lines: “recorded
Recorded as (show recorded bearing, length, or location)”
location) .
b. Bearings and angles shown shall be given to at least the
nearest minute of arc.
Sec. 82. Section 384.6, subsection 1, paragraph b, Code
2013, is amended to read as follows:
b. If a police chief or fire chief has submitted a
written request to the board of trustees to be exempt from
-35-
HF 417 (4) 85
lh/rj/md 35/ 143

H.F. 417
chapter 411 , authorized in section 411.3, subsection 1 , a
city shall make contributions for the chief, in an amount
not to exceed the amount that would have been contributed by
the city under section 411.8, subsection 1 , paragraph “a” ,
to the international city management association/retirement
association retirement corporation.
Sec. 83. Section 419.4, subsection 2, paragraph a,
subparagraph (5), Code 2013, is amended to read as follows:
(5) The creation, maintenance, custody, investment and
reinvestment and use of special funds from the revenues of such
project , and .
Sec. 84. Section 419.4, subsection 2, paragraph b, Code
2013, is amended to read as follows:
b. (1) A municipality shall have the power to provide
that proceeds from the sale of bonds and special funds from
the revenues of the project shall be invested and reinvested
in such securities and other investments as shall be provided
in the proceedings under which the bonds are authorized to be
issued including:
(1) (a) Obligations issued or guaranteed by the United
States ; .
(2) (b) Obligations issued or guaranteed by any person
controlled or supervised by and acting as an instrumentality of
the United States pursuant to authority granted by the Congress
of the United States ; .
(3) (c) Obligations issued or guaranteed by any state
of the United States, or the District of Columbia, or any
political subdivision of any such state or district ; .
(4) (d) Prime commercial paper ; .
(5) (e) Prime finance company paper ; .
(6) (f) Bankers’ acceptances drawn on and accepted by banks
organized under the laws of any state or of the United States ; .
(7) (g) Repurchase agreements fully secured by obligations
issued or guaranteed by the United States or by any person
controlled or supervised by and acting as an instrumentality of
-36-
HF 417 (4) 85
lh/rj/md 36/ 143

H.F. 417
the United States pursuant to authority granted by the Congress
of the United States ; and .
(8) (h) Certificates of deposit issued by banks organized
under the laws of any state or of the United States; whether
or not such investment or reinvestment is authorized under any
other law of this state. The municipality shall also have the
power to provide that such proceeds or funds or investments and
the amounts payable under the lease, sale contract, or loan
agreement shall be received, held and disbursed by one or more
banks or trust companies located in or out of the state of
Iowa.
(2) A municipality shall also have the power to provide
that the project and improvements shall be constructed by the
municipality, lessee, the lessee’s designee, the contracting
party, or the contracting party’s designee, or any one or
more of them on real estate owned by the municipality, the
lessee, the lessee’s designee, the contracting party, or the
contracting party’s designee, as the case may be, and that the
bond proceeds shall be disbursed by the trustee bank or banks,
trust company or trust companies, during construction upon the
estimate, order or certificate of the lessee, the lessee’s
designee, the contracting party, or the contracting party’s
designee.
Sec. 85. Section 421.24, subsection 3, Code 2013, is amended
to read as follows:
3. a. For the purposes of this section , the words “tax”
and “taxes” shall include interest and penalties due under any
taxing statute, and liability for such interest or penalties,
or both, due under a taxing statute of another state or a
political subdivision thereof, shall be recognized and enforced
by the courts of this state to the same extent that the laws
of such other state permit the enforcement in its courts of
liability for such interest or penalties, or both, due under
a taxing statute of this state or a political subdivision
thereof.
-37-
HF 417 (4) 85
lh/rj/md 37/ 143

H.F. 417
b. The courts of this state may not enforce interest rates
or penalties on taxes of any other state which exceed the
interest rates and penalties imposed by the state of Iowa for
the same or a similar tax.
Sec. 86. Section 422.16, subsection 10, paragraph c, Code
2013, is amended to read as follows:
c. If any withholding agent, being a domestic or foreign
corporation, required under the provisions of this section
to withhold on wages or other taxable Iowa income subject to
this chapter , fails to withhold the amounts required to be
withheld, make the required returns or remit to the department
the amounts withheld, the director may, having exhausted all
other means of enforcement of the provisions of this chapter ,
certify such fact or facts to the secretary of state, who shall
thereupon cancel the articles of incorporation or certificate
of authority , (as as the case may be) be, of such corporation,
and the rights of such corporation to carry on business in the
state of Iowa shall thereupon cease. The secretary of state
shall immediately notify by registered mail such domestic or
foreign corporation of the action taken by the secretary of
state. The provisions of section 422.40, subsection 3 , shall
be applicable.
Sec. 87. Section 422.20, subsection 3, paragraph a, Code
2013, is amended to read as follows:
a. Unless otherwise expressly permitted by section 8A.504 ,
section 8G.4 , section 96.11, subsection 6 , section 421.17,
subsections 22 , 23 , and 26 , section 421.17, subsection 27 ,
paragraph “k” , and section 421.17, subsection 31 , section
252B.9 , section 321.40, subsection 6 , sections 321.120 , 421.19 ,
421.28 , 422.72 , and 452A.63 , and this section , a tax return,
return information, or investigative or audit information
shall not be divulged to any person or entity, other than the
taxpayer, the department, or internal revenue service for use
in a matter unrelated to tax administration.
Sec. 88. Section 422.32, subsection 2, Code 2013, is amended
-38-
HF 417 (4) 85
lh/rj/md 38/ 143

H.F. 417
to read as follows:
2. The words, terms, and phrases defined in division II,
section 422.4, subsections 4 to 6, 8, 9, 13, and 15 to 17 , when
used in this division , shall have the meanings ascribed to them
in said section except where the context clearly indicates a
different meaning.
Sec. 89. Section 422.33, subsection 5, Code 2013, is amended
to read as follows:
5. a. The taxes imposed under this division shall
be reduced by a state tax credit for increasing research
activities in this state equal to the sum of the following:
(1) Six and one-half percent of the excess of qualified
research expenses during the tax year over the base amount for
the tax year based upon the state’s apportioned share of the
qualifying expenditures for increasing research activities.
(2) Six and one-half percent of the basic research payments
determined under section 41(e)(1)(A) of the Internal Revenue
Code during the tax year based upon the state’s apportioned
share of the qualifying expenditures for increasing research
activities.
b. The state’s apportioned share of the qualifying
expenditures for increasing research activities is a percent
equal to the ratio of qualified research expenditures in this
state to the total qualified research expenditures.
b. c. In lieu of the credit amount computed in paragraph
“a” , subparagraph (1), a corporation may elect to compute the
credit amount for qualified research expenses incurred in this
state in a manner consistent with the alternative simplified
credit described in section 41(c)(5) of the Internal Revenue
Code. The taxpayer may make this election regardless of
the method used for the taxpayer’s federal income tax. The
election made under this paragraph is for the tax year and the
taxpayer may use another or the same method for any subsequent
year.
c. d. For purposes of the alternate credit computation
-39-
HF 417 (4) 85
lh/rj/md 39/ 143

H.F. 417
method in paragraph “b” “c” , the credit percentages applicable
to qualified research expenses described in section 41(c)(5)(A)
and clause (ii) of section 41(c)(5)(B) of the Internal Revenue
Code are four and fifty-five hundredths percent and one and
ninety-five hundredths percent, respectively.
d. e. (1) For purposes of this subsection , “base amount” ,
“basic research payment” , and “qualified research expense” mean
the same as defined for the federal credit for increasing
research activities under section 41 of the Internal Revenue
Code, except that for the alternative simplified credit such
amounts are for research conducted within this state.
(2) For purposes of this subsection , “Internal Revenue Code”
means the Internal Revenue Code in effect on January 1, 2012.
e. f. Any credit in excess of the tax liability for the
taxable year shall be refunded with interest computed under
section 422.25 . In lieu of claiming a refund, a taxpayer may
elect to have the overpayment shown on its final, completed
return credited to the tax liability for the following taxable
year.
f. Reserved.
g. A corporation which is an eligible business may claim an
additional research activities credit authorized pursuant to
section 15.335 .
h. The department shall by February 15 of each year issue
an annual report to the general assembly containing the total
amount of all claims made by employers under this subsection
and the portion of the claims issued as refunds, for all claims
processed during the previous calendar year. The report shall
contain the name of each claimant for whom a tax credit in
excess of five hundred thousand dollars was issued and the
amount of the credit received.
Sec. 90. Section 422.70, subsection 1, Code 2013, is amended
to read as follows:
1. The director, for the purpose of ascertaining the
correctness of a return or for the purpose of making an
-40-
HF 417 (4) 85
lh/rj/md 40/ 143

H.F. 417
estimate of the taxable income or receipts of a taxpayer, has
power the following powers :
a. To examine or cause to be examined by an agent or
representative designated by the director, books, papers,
records, or memoranda ; to .
b. To require by subpoena the attendance and testimony of
witnesses; to issue and sign subpoenas ; to .
c. To administer oaths, to examine witnesses and receive
evidence ; to .
d. To compel witnesses to produce for examination books,
papers, records, and documents relating to any matter which the
director has the authority to investigate or determine.
Sec. 91. Section 422.72, subsection 3, paragraph a, Code
2013, is amended to read as follows:
a. Unless otherwise expressly permitted by section 8A.504 ,
section 8G.4 , section 96.11, subsection 6 , section 421.17,
subsections 22, 23, and 26 , section 421.17, subsection 27 ,
paragraph “k” , and section 421.17, subsection 31 , section
252B.9 , section 321.40, subsection 6 , sections 321.120 , 421.19 ,
421.28 , 422.20 , and 452A.63 , and this section , a tax return,
return information, or investigative or audit information
shall not be divulged to any person or entity, other than the
taxpayer, the department, or internal revenue service for use
in a matter unrelated to tax administration.
Sec. 92. Section 422D.1, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2013, is amended to read as
follows:
The taxes for emergency medical services shall only be
imposed after an election at which a majority of those voting
on the question of imposing the tax or combination of taxes
specified in subsection 1 , paragraph “a” , subparagraph (1)
or (2), vote in favor of the question. However, the tax or
combination of taxes specified in subsection 1 shall not be
imposed on property within or on residents of a benefited
emergency medical services district under chapter 357F . The
-41-
HF 417 (4) 85
lh/rj/md 41/ 143

H.F. 417
question of imposing the tax or combination of the taxes may
be submitted at the regular city election, a special election,
or state the general election. Notice of the question shall
be provided by publication at least sixty days before the time
of the election and shall identify the tax or combination of
taxes and the rate or rates, as applicable. If a majority of
those voting on the question approve the imposition of the tax
or combination of taxes, the tax or combination of taxes shall
be imposed as follows:
Sec. 93. Section 423.3, subsection 18, paragraph c, Code
2013, is amended to read as follows:
c. Rehabilitation facilities that provide accredited
rehabilitation services to persons with disabilities which are
accredited by the commission on accreditation of rehabilitation
facilities or the accreditation council for services for
persons with an intellectual disability and other persons with
developmental disabilities on quality and leadership and adult
day care services approved for reimbursement by the state
department of human services.
Sec. 94. Section 423.5, Code 2013, is amended to read as
follows:
423.5 Imposition of tax.
1. Except as provided in subsection 3 paragraph “c” , an
excise tax at the rate of six percent of the purchase price or
installed purchase price is imposed on the following:
1. a. The use in this state of tangible personal property
as defined in section 423.1 , including aircraft subject to
registration under section 328.20 , purchased for use in this
state. For the purposes of this subchapter , the furnishing
or use of the following services is also treated as the use
of tangible personal property: optional service or warranty
contracts, except residential service contracts regulated under
chapter 523C , vulcanizing, recapping, or retreading services,
engraving, photography, retouching, printing, or binding
services, and communication service when furnished or delivered
-42-
HF 417 (4) 85
lh/rj/md 42/ 143

H.F. 417
to consumers or users within this state.
2. b. The use of manufactured housing in this state, on
the purchase price if the manufactured housing is sold in
the form of tangible personal property or on the installed
purchase price if the manufactured housing is sold in the form
of realty.
3. c. An excise tax at the rate of five percent is imposed
on the use of vehicles subject only to the issuance of a
certificate of title and the use of manufactured housing, and
on the use of leased vehicles, if the lease transaction does
not require titling or registration of the vehicle, on the
amount subject to tax as calculated pursuant to section 423.26,
subsection 2 .
4. d. Purchases of tangible personal property made from
the government of the United States or any of its agencies by
ultimate consumers shall be subject to the tax imposed by this
section . Services purchased from the same source or sources
shall be subject to the service tax imposed by this subchapter
and apply to the user of the services.
5. e. The use in this state of services enumerated in
section 423.2 . This tax is applicable where the service is
first used in this state.
6. 2. The excise tax is imposed upon every person using
the property within this state until the tax has been paid
directly to the county treasurer, the state department of
transportation, a retailer, or the department. This tax is
imposed on every person using the services or the product of
the services in this state until the user has paid the tax
either to an Iowa use tax permit holder or to the department.
7. 3. For the purpose of the proper administration of the
use tax and to prevent its evasion, evidence that tangible
personal property was sold by any person for delivery in this
state shall be prima facie evidence that such tangible personal
property was sold for use in this state.
8. 4. Any person or that person’s affiliate, which is a
-43-
HF 417 (4) 85
lh/rj/md 43/ 143

H.F. 417
retailer in this state or a retailer maintaining a place of
business in this state under this chapter , that enters into a
contract with an agency of this state must register, collect,
and remit Iowa use tax under this chapter on all sales of
tangible personal property and enumerated services. Every
bid submitted and each contract executed by a state agency
shall contain a certification by the bidder or contractor
stating that the bidder or contractor is registered with the
department and will collect and remit Iowa use tax due under
this chapter . In the certification, the bidder or contractor
shall also acknowledge that the state agency may declare the
contract or bid void if the certification is false. Fraudulent
certification, by act or omission, may result in the state
agency or its representative filing for damages for breach of
contract.
9. 5. The use tax rate of six percent is reduced to five
percent on January 1, 2030.
Sec. 95. Section 423.6, subsection 6, Code 2013, is amended
to read as follows:
6. Tangible personal property or services the sales price
of which is exempt from the sales tax under section 423.3 ,
except section 423.3, subsections 39 and 73 , as it relates to
the sale, but not the lease or rental, of vehicles subject only
to the issuance of a certificate of title and as it relates to
aircraft subject to registration under section 328.20 .
Sec. 96. Section 426A.8, unnumbered paragraph 1, Code 2013,
is amended to read as follows:
If the amount of credit apportioned to any property eligible
to for military service tax exemption under this chapter in
any year shall exceed the total tax, exclusive of any special
assessments levied against such property eligible for military
service tax exemption, then the excess shall be remitted by the
county treasurer to the department of revenue to be redeposited
in the general fund of the state and reallocated the following
year by the department.
-44-
HF 417 (4) 85
lh/rj/md 44/ 143

H.F. 417
Sec. 97. Section 426A.11, subsection 1, Code 2013, is
amended to read as follows:
1. The property, not to exceed two thousand seven hundred
seventy-eight dollars in taxable value of any veteran, as
defined in section 35.1 , of the First World War I .
Sec. 98. Section 441.16, subsection 2, paragraph b, Code
2013, is amended to read as follows:
b. The combined budgets shall contain an itemized list of
the proposed salaries of the assessor and each deputy , ; the
amount required for field personnel and other personnel, their
number , and their compensation; the estimated amount needed for
expenses, printing, mileage, and other expenses necessary to
operate the assessor’s office , ; the estimated expenses of the
examining board , ; and the salaries and expenses of the local
board of review.
Sec. 99. Section 452A.2, subsection 25, paragraph a,
subparagraph (2), Code 2013, is amended to read as follows:
(2) Any liquid advertised, offered for sale, sold for
use as, or commonly or commercially used as a fuel for
propelling motor vehicles which, when subjected to distillation
of gasoline, naphtha, kerosene and similar petroleum
products [ASTM (American society for testing and materials)
international designation D-86], shows not less than ten per
centum percent distilled (recovered) below three hundred
forty-seven degrees Fahrenheit (one hundred seventy-five
degrees Centigrade) and not less than ninety-five per centum
percent distilled (recovered) below four hundred sixty-four
degrees Fahrenheit (two hundred forty degrees Centigrade).
Sec. 100. Section 455B.105, subsection 11, paragraph a,
subparagraph (2), Code 2013, is amended to read as follows:
(2) The relative benefits to the applicant and to the
public of permit and conditional permit review, issuance, and
monitoring compliance. It is the intention of the legislature
that permit fees shall not cover any costs connected with
correcting violation of the terms of any permit and shall not
-45-
HF 417 (4) 85
lh/rj/md 45/ 143

H.F. 417
impose unreasonable costs on any municipality.
It is the intention of the legislature that permit fees shall
not cover any costs connected with correcting violation of the
terms of any permit and shall not impose unreasonable costs on
any municipality.
Sec. 101. Section 455B.474A, Code 2013, is amended to read
as follows:
455B.474A Rules consistent with federal regulations.
The rules adopted by the commission under section
455B.474 shall be consistent with and shall not exceed the
requirements of federal regulations relating to the regulation
of underground storage tanks except as provided in section
455B.474, subsection 1 , paragraph “a” , subparagraph (6),
and section 455B.474, subsection 3 , paragraph “d” . It is
the intent of the general assembly that state rules adopted
pursuant to section 455B.474, subsection 1 , paragraph “a” ,
subparagraph (6), and section 455B.474, subsection 3 , paragraph
“d” , be consistent with and not more restrictive than federal
regulations adopted by the United States environmental
protection agency when those rules are adopted.
Sec. 102. Section 455B.516, subsection 9, Code 2013, is
amended to read as follows:
9. a. “Toxics pollution prevention” means employment of a
practice which reduces the industrial use of toxic substances
or reduces the environmental and health hazards associated
with an environmental waste without diluting or concentrating
the waste before the release, handling, storage, transport,
treatment, or disposal of the waste. The term includes toxics
pollution prevention techniques but does not include a practice
which is applied to an environmental waste after the waste is
generated or comes into existence on or after the waste exits a
production or commercial operation.
b. “Toxics pollution prevention” does not include, promote,
or require any of the following:
a. (1) Waste burning in industrial furnaces, boilers,
-46-
HF 417 (4) 85
lh/rj/md 46/ 143

H.F. 417
smelters, or cement kilns for the purpose of energy recovery.
b. (2) The transfer of an environmental waste from one
environmental medium to another environmental medium, the
workplace environment, or a product.
c. (3) Off-site waste recycling.
d. (4) Any other method of end-of-pipe management
of environmental wastes including waste exchange and the
incorporation or embedding of regulated environmental wastes
into products or by-products.
Sec. 103. Section 456A.19, Code 2013, is amended to read as
follows:
456A.19 Expenditures.
1. All funds accruing to the fish and game protection fund,
except an equitable portion of the administration fund, shall
be expended solely in carrying on fish and wildlife activities.
Expenditures incurred by the department in carrying on the
activities shall be only on authorization by the general
assembly.
a. The department shall by October 1 of each year submit to
the department of management for transmission to the general
assembly a detailed estimate of the amount required by the
department during the succeeding year for carrying on fish and
wildlife activities. The estimate shall be in the same general
form and detail as required by law in estimates submitted by
other state departments.
b. Any unexpended balance at the end of the biennium shall
revert to the fish and game protection fund.
c. All administrative expense shall be paid from the
administration fund.
d. All other expenditures shall be paid from the state
conservation fund.
2. All expenditures under this chapter are subject to
approval by the director of management and the director of the
department of administrative services.
3. All moneys credited to the county conservation board
-47-
HF 417 (4) 85
lh/rj/md 47/ 143

H.F. 417
fund shall be used to provide grants to county conservation
boards to provide funding for the purposes of chapter 350 .
These grants are in addition to moneys appropriated to the
conservation boards from the county boards of supervisors. The
grants shall be made to the conservation boards based upon the
needs of the boards. Applications shall be made by the boards
to the commission.
Sec. 104. Section 459.202, subsection 1, unnumbered
paragraphs 1 and 2, Code 2013, are amended to read as follows:
a. Except as provided in subsection 3 and sections 459.203 ,
459.205 , and 459.206 , this subsection applies to confinement
feeding operation structures constructed on or after May 31,
1995, but prior to January 1, 1999; and to the expansion of
structures constructed prior to January 1, 1999.
b. The following table represents the minimum separation
distance in feet required between a confinement feeding
operation structure and a residence not owned by the owner of
the confinement feeding operation, or a commercial enterprise,
bona fide religious institution, or an educational institution:
Sec. 105. Section 459.202, subsection 2, unnumbered
paragraphs 1 and 2, Code 2013, are amended to read as follows:
a. Except as provided in subsection 3 and sections 459.203 ,
459.205 , and 459.206 , this subsection applies to confinement
feeding operation structures constructed on or after January
1, 1999, but prior to March 1, 2003, and to the expansion of
structures constructed on or after January 1, 1999, but prior
to March 1, 2003.
b. The following table represents the minimum separation
distance in feet required between a confinement feeding
operation structure and a residence not owned by the owner of
the confinement feeding operation, or a commercial enterprise,
bona fide religious institution, or an educational institution:
Sec. 106. Section 459.202, subsection 3, unnumbered
paragraphs 1 and 2, Code 2013, are amended to read as follows:
a. Except as provided in sections 459.203 , 459.205 , and
-48-
HF 417 (4) 85
lh/rj/md 48/ 143

H.F. 417
459.206 , this subsection applies to confinement feeding
operation structures constructed on or after May 31, 1995,
but prior to March 1, 2003; to the expansion of structures
constructed on or after May 31, 1995, but prior to March 1,
2003; and to the expansion of structures constructed prior to
May 31, 1995.
b. The following table represents the minimum separation
distance in feet required between a confinement feeding
operation structure and a public use area; or between a
confinement feeding operation structure and a residence not
owned by the owner of the confinement feeding operation, a
commercial enterprise, a bona fide religious institution,
or an educational institution, if the residence, commercial
enterprise, religious institution, or educational institution
is located within the corporate limits of a city:
Sec. 107. Section 459.202, subsection 4, unnumbered
paragraphs 1 and 2, Code 2013, are amended to read as follows:
a. Except as provided in subsection 5 and sections 459.203 ,
459.205 , and 459.206 , this subsection applies to confinement
feeding operation structures constructed on or after March 1,
2003, and to the expansion of confinement feeding operation
structures constructed on or after March 1, 2003.
b. The following table represents the minimum separation
distance in feet required between a confinement feeding
operation structure and a residence not owned by the owner of
the confinement feeding operation, a commercial enterprise, a
bona fide religious institution, or an educational institution:
Sec. 108. Section 459.202, subsection 5, unnumbered
paragraphs 1 and 2, Code 2013, are amended to read as follows:
a. Except as provided in sections 459.203 , 459.205 , and
459.206 , this subsection applies to confinement feeding
operation structures constructed on or after March 1, 2003, and
to the expansion of confinement feeding operation structures
constructed on or after March 1, 2003.
b. The following table represents the minimum separation
-49-
HF 417 (4) 85
lh/rj/md 49/ 143

H.F. 417
distance in feet required between a confinement feeding
operation structure and a public use area; or between a
confinement feeding operation structure and a residence not
owned by the owner of the confinement feeding operation, a
commercial enterprise, a bona fide religious institution,
or an educational institution, if the residence, commercial
enterprise, religious institution, or educational institution
is located within the corporate limits of a city:
Sec. 109. Section 459.401, subsection 2, unnumbered
paragraph 1, Code 2013, is amended to read as follows:
The compliance fund is composed of three accounts , : the
general account, the assessment account, and the educational
program account.
Sec. 110. Section 468.202, Code 2013, is amended to read as
follows:
468.202 Agreement in advance.
The agreement with the federal government contemplated in
section 468.201 may be entered into by the board in advance of
the filing of the plan —— plan, such agreement to be effective
if the plan is finally adopted. If the plan is approved the
board shall make a record of any such cooperative agreement.
Sec. 111. Section 468.309, Code 2013, is amended to read as
follows:
468.309 Appeal by trustees or boards.
Trustees or boards of supervisors having charge of any
previously organized district which is proposed to be included
( either in whole or in part ) within the new intercounty
district may, in the same manner and under the same procedure ,
appeal to the district court from the action of the joint
boards in establishing the new district or in including therein
the previously organized district or any part thereof.
Sec. 112. Section 476.6, subsection 22, Code 2013, is
amended to read as follows:
22. Nuclear generating facilities —— legislative intent.
a. It is the intent of the general assembly to require
-50-
HF 417 (4) 85
lh/rj/md 50/ 143

H.F. 417
certain rate-regulated public utilities to undertake analyses
of and preparations for the possible construction of nuclear
generating facilities in this state that would be beneficial in
a carbon-constrained environment.
b. A rate-regulated electric utility that was subject to
a revenue sharing settlement agreement with regard to its
electric base rates as of January 1, 2010, shall recover,
through a rider and pursuant to a tariff filing made on or
before December 31, 2013, the reasonable and prudent costs of
its analyses of and preparations for the possible construction
of facilities of the type referenced in paragraph “a” . Cost
recovery shall be accomplished by instituting a revenue
increase applied in the same percentage amount to each customer
class and not designed to recover, on an annual basis, more
than five-tenths percent of the electric utility’s calendar
year 2009 revenues attributable to billed base rates in this
state. At the conclusion of the cost recovery period, which
shall extend no more than thirty-six months in total, the board
shall conduct a contested case proceeding pursuant to chapter
17A to evaluate the reasonableness and prudence of the cost
recovery. The utility shall file such information with the
board as the board deems appropriate, including the filing
of an annual report identifying and explaining expenditures
identified in the rider as items for cost recovery, and
any other information required by the board. If the board
determines that the utility has imprudently incurred costs, or
has incurred costs that are less than the amount recovered, the
board shall order the utility to modify the rider to adjust the
amount recoverable.
c. Costs that may be recovered through the rider described
in paragraph “b” shall be consistent with the “United States
Nuclear Regulatory Guide, Section 4.7, General Site Suitability
Criteria for Nuclear Power Stations, Revision Two, April 1998,”
including costs related to the study and use of sites for
nuclear generation.
-51-
HF 417 (4) 85
lh/rj/md 51/ 143

H.F. 417
Sec. 113. Section 476.53, subsection 2, paragraph a, Code
2013, is amended to read as follows:
a. The general assembly’s intent with regard to the
development of electric power generating and transmission
facilities, or the significant alteration of an existing
generating facility, as provided in subsection 1 , shall be
implemented in a manner that is cost-effective and compatible
with the environmental policies of the state, as expressed in
this Title XI .
Sec. 114. Section 489.110, subsection 3, paragraph h, Code
2013, is amended to read as follows:
h. Vary the requirement to wind up a limited liability
company’s business as specified in section 489.702, subsection
1 , and section 489.702, subsection 2 , paragraph “a” .
Sec. 115. Section 489.110, subsection 4, paragraph a, Code
2013, is amended to read as follows:
a. Restrict or eliminate the duty to do any of the
following:
(1) As required in section 489.409, subsection 2 , paragraph
“a” , and section 489.409, subsection 8 , to account to the
limited liability company and to hold as trustee for it any
property, profit, or benefit derived by the member in the
conduct or winding up of the company’s business, from a use by
the member of the company’s property, or from the appropriation
of a limited liability company opportunity.
(2) As required in section 489.409, subsection 2 , paragraph
“b” , and section 489.409, subsection 8 , to refrain from dealing
with the company in the conduct or winding up of the company’s
business as or on behalf of a party having an interest adverse
to the company.
(3) As required by section 489.409, subsection 2 , paragraph
“c” , and section 489.409 subsection 8 , to refrain from competing
with the company in the conduct of the company’s business
before the dissolution of the company.
Sec. 116. Section 490.850, subsection 6, Code 2013, is
-52-
HF 417 (4) 85
lh/rj/md 52/ 143

H.F. 417
amended to read as follows:
6. a. “Official capacity” means:
a. (1) When used with respect to a director, the office of
director in a corporation.
b. (2) When used with respect to an officer, as
contemplated in section 490.856 , the office in a corporation
held by the officer.
b. “Official capacity” does not include service for any
other domestic or foreign corporation or any partnership, joint
venture, trust, employee benefit plan, or other entity.
Sec. 117. Section 493.9, Code 2013, is amended to read as
follows:
493.9 Change in stock.
Any such corporation may, by appropriate amendments to its
articles of incorporation, adopted by a two-third affirmative
vote of each class of stock then issued and outstanding and
affected by such amendment, change its common or preferred
stock (common or preferred) having a par value to an equal,
greater or less number of shares of stock having no par value,
and, in connection therewith, may fix the amount of capital
represented by such shares of stock without par value.
Sec. 118. Section 502.610, subsections 1, 2, and 6, Code
2013, are amended to read as follows:
1. Sales and offers to sell. Sections 502.301 , 502.302 ,
section 502.401, subsection 1 , section 502.402, subsection 1 ,
section 502.403, subsection 1 , section 502.404, subsection 1 ,
and sections 502.501 , 502.506 , 502.509 , and 502.510 do not
apply to a person that sells or offers to sell a security
unless the offer to sell or the sale is made in this state or
the offer to purchase or the purchase is made and accepted in
this state.
2. Purchases and offers to purchase. Sections Section
502.401, subsection 1 , section 502.402, subsection 1 , section
502.403, subsection 1 , section 502.404, subsection 1 , and
sections 502.501 , 502.506 , 502.509 , and 502.510 do not apply to
-53-
HF 417 (4) 85
lh/rj/md 53/ 143

H.F. 417
a person that purchases or offers to purchase a security unless
the offer to purchase or the purchase is made in this state
or the offer to sell or the sale is made and accepted in this
state.
6. Investment advice and misrepresentations. Sections
Section 502.403, subsection 1 , section 502.404, subsection 1 ,
section 502.405, subsection 1 , and sections 502.502 , 502.505 ,
and 502.506 apply to a person if the person engages in an act,
practice, or course of business instrumental in effecting
prohibited or actionable conduct in this state, whether or not
either party is then present in this state.
Sec. 119. Section 507A.7, subsection 2, Code 2013, is
amended to read as follows:
2. The court in any action, suit, or proceeding in which
service is made as provided in section 507A.6, subsections 2
and 3 of section 507A.6 , or the commissioner of insurance in
any administrative proceeding before the commissioner in which
service is made as provided in section 507A.6, subsections 2
and 3 of section 507A.6 , may in the court’s or commissioner’s
discretion, order such postponement as may be necessary to
afford the defendant reasonable opportunity to comply with the
provisions of subsection 1 of this section and to defend such
action.
Sec. 120. Section 507C.28, subsection 1, paragraph b,
subparagraph (4), Code 2013, is amended to read as follows:
(4) The creditor receiving the transfer was an officer,
or an employee, attorney or other person who was in fact in a
position of comparable influence in the insurer to an officer
whether or not the person held the position of an officer, or a
shareholder directly or indirectly holding more than five per
centum percent of a class of an equity security issued by the
insurer, or other person, firm, corporation, association, or
aggregation of persons with whom the insurer did not deal at
arm’s length.
Sec. 121. Section 508.36, subsection 4, Code 2013, is
-54-
HF 417 (4) 85
lh/rj/md 54/ 143

H.F. 417
amended to read as follows:
4. Computation for minimum standards for annuities.
a. Except as provided in subsection 5 , the minimum
standard for the valuation of all individual annuity and pure
endowment contracts issued on or after the operative date of
this subsection , and for all annuities and pure endowments
purchased on or after the operative date of this subsection
under group annuity and pure endowment contracts, shall be the
commissioner’s reserve valuation methods defined in subsections
6 and 7 , and the following tables and interest rates:
a. (1) For individual annuity and pure endowment contracts
issued prior to January 1, 1980, excluding any disability
and accidental death benefits in such contracts, both of the
following:
(1) (a) The 1971 individual annuity mortality table, or any
modification of this table approved by the commissioner.
(2) (b) Six percent interest for single premium immediate
annuity contracts, and four percent interest for all other
individual annuity and pure endowment contracts.
b. (2) For individual single premium immediate annuity
contracts issued on or after January 1, 1980, excluding any
disability and accidental death benefits in such contracts,
both of the following:
(1) (a) One of the following tables:
(a) (i) The 1971 individual annuity mortality table.
(b) (ii) An individual annuity mortality table,
adopted after 1980 by the national association of insurance
commissioners and approved by rule adopted by the commissioner
for use in determining the minimum standard of valuation for
such contracts.
(c) (iii) A modification of the tables identified in
subparagraph divisions (a) subdivisions (i) and (b) (ii)
approved by the commissioner.
(2) (b) Seven and one-half percent interest.
c. (3) For individual annuity and pure endowment contracts
-55-
HF 417 (4) 85
lh/rj/md 55/ 143

H.F. 417
issued on or after January 1, 1980, other than single premium
immediate annuity contracts, excluding any disability and
accidental death benefits in such contracts, both of the
following:
(1) (a) One of the following tables:
(a) (i) The 1971 individual annuity mortality table.
(b) (ii) An individual annuity mortality table adopted
after 1980 by the national association of insurance
commissioners and approved by rule adopted by the commissioner
for use in determining the minimum standard of valuation for
such contracts.
(c) (iii) A modification of the tables identified in
subparagraph divisions (a) subdivisions (i) and (b) (ii)
approved by the commissioner.
(2) (b) Five and one-half percent interest for single
premium deferred annuity and pure endowment contracts and four
and one-half percent interest for all other such individual
annuity and pure endowment contracts.
d. (4) For all annuities and pure endowments purchased
prior to January 1, 1980, under group annuity and pure
endowment contracts, excluding any disability and accidental
death benefits purchased under such contracts, both of the
following:
(1) (a) The 1971 group annuity mortality table or any
modification of this table approved by the commissioner.
(2) (b) Six percent interest.
e. (5) For all annuities and pure endowments purchased
on or after January 1, 1980, under group annuity and pure
endowment contracts, excluding any disability and accidental
death benefits purchased under such contracts, both of the
following:
(1) (a) One of the following tables:
(a) (i) The 1971 group annuity mortality table.
(b) (ii) A group annuity mortality table adopted after
1980 by the national association of insurance commissioners
-56-
HF 417 (4) 85
lh/rj/md 56/ 143

H.F. 417
and approved by rule adopted by the commissioner for use
in determining the minimum standard of valuation for such
annuities and pure endowments.
(c) (iii) A modification of the tables identified in
subparagraph divisions (a) subdivisions (i) and (b) (ii)
approved by the commissioner.
(2) (b) Seven and one-half percent interest.
b. After July 1, 1973, a company may file with the
commissioner a written notice of its election to comply with
the provisions of this subsection after a specified date before
January 1, 1979, which shall be the operative date of this
section for such company, provided, if a company makes no
election, the effective date of this section for a company is
January 1, 1979.
Sec. 122. Section 508.36, subsection 5, paragraph c,
subparagraph (1), subparagraph division (a), Code 2013, is
amended to read as follows:
(a) (i) Weighting Factors for Life Insurance:
Guarantee Duration (Years) Weighting Factors
10 or less .50
More than 10,
but not more than 20 .45
More than 20 .35
(ii) For life insurance, the guarantee duration is the
maximum number of years the life insurance can remain in force
on a basis guaranteed in the policy or under options to convert
to plans of life insurance with premium rates or nonforfeiture
values or both which are guaranteed in the original policy.
Sec. 123. Section 508.36, subsection 6, paragraph b, Code
2013, is amended to read as follows:
b. (1) However, for a life insurance policy issued on or
after January 1, 1998, for which the contract premium in the
first policy year exceeds that of the second year and for which
no comparable additional benefit is provided in the first year
for such additional premium and which provides an endowment
-57-
HF 417 (4) 85
lh/rj/md 57/ 143

H.F. 417
benefit or a cash surrender value or a combination of such
benefit or value in an amount greater than the additional
premium, the reserve according to the commissioner’s reserve
valuation method as of any policy anniversary occurring on or
before the assumed ending date defined as the first policy
anniversary on which the sum of any endowment benefit and
any cash surrender value then available is greater than such
additional premium shall be, except as otherwise provided in
subsection 10 , the greater of the reserve as of such policy
anniversary calculated as described in paragraph “a” and the
reserve as of such policy anniversary calculated as described
in paragraph “a” , but with the following modifications:
(1) (a) The value defined in paragraph “a” being reduced
by fifteen percent of the amount of such excess first year
premium.
(2) (b) All present values of benefits and premiums being
determined without reference to premiums or benefits provided
for by the policy after the assumed ending date.
(3) (c) The policy being assumed to mature on such date as
an endowment.
(4) (d) The cash surrender value provided on such date
being considered as an endowment benefit.
(2) In making the above comparison the mortality and
interest bases stated in subsections 4 and 5 shall be used.
Sec. 124. Section 510.5, subsection 1, paragraph e, Code
2013, is amended to read as follows:
e. Appropriate underwriting guidelines including but not
limited to the following:
(1) The maximum annual premium volume.
(2) The basis of the rates to be charged.
(3) The types of risks which may be written.
(4) Maximum limits of liability.
(5) Applicable exclusions.
(6) Territorial limitations.
(7) Policy cancellation provisions.
-58-
HF 417 (4) 85
lh/rj/md 58/ 143

H.F. 417
(8) The maximum length or duration of the policy period.
f. The insurer may cancel or refuse to renew any policy
of insurance produced or underwritten by a managing general
agent, subject to the applicable laws and rules concerning the
cancellation and nonrenewal of insurance policies.
Sec. 125. Section 511.8, subsection 22, paragraph a,
subparagraph (4), Code 2013, is amended to read as follows:
(4) “United States government-sponsored enterprise” means the
federal national mortgage corporation under 12 U.S.C. § 1716 –
23i 1723i of the National Housing Act and the federal home loan
marketing association under the Federal Home Loan Mortgage Act,
12 U.S.C. § 1451 – 59 1459 .
Sec. 126. Section 515.13, Code 2013, is amended to read as
follows:
515.13 Reservation.
None of the provisions of subsection 5 of section 515.12 ,
subsection 5, shall apply to any company heretofore organized
and approved by the commissioner of insurance, but which had
not completed its organization on May 28, 1937, nor shall said
section 515.12, subsection 5 , apply to any company already
licensed to issue policies.
Sec. 127. Section 518C.7, subsection 4, Code 2013, is
amended to read as follows:
4. The plan of operation may delegate any or all duties and
powers of the association, except those under section 518C.6,
subsection 1 , paragraph “c” , and section 518C.6, subsection
2 , paragraph “c” , to a person with the approval of both the
board of directors and the commissioner. Such delegation
shall only be made to a person extending protection which
is not substantially less favorable and effective than that
provided by this chapter . Such person shall be reimbursed as a
servicing facility and shall be paid for the performance of any
other functions of the association.
Sec. 128. Section 524.544, subsection 3, Code 2013, is
amended to read as follows:
-59-
HF 417 (4) 85
lh/rj/md 59/ 143

H.F. 417
3. The reports required by subsections 1 and 2 of this
section shall contain information , ( to the extent known by
the person making the report ) , relative to the number of
shares involved, the names of the sellers and purchasers ( or
transferors and transferees ) , the purchase price, the name of
the borrower, the amount, source, and terms of the loan, or
other transaction, the name of the bank issuing the shares used
as security, and the number of shares used as security.
Sec. 129. Section 524.904, subsection 5, paragraph b,
subparagraphs (2) through (4), Code 2013, are amended to read
as follows:
(2) One or more persons owns own or controls control
fifty percent or more of the voting securities or membership
interests of the borrowing entity or a member of the group.
(3) One or more persons controls control , in any manner, the
election of a majority of the directors, managers, trustees,
or other persons exercising similar functions of the borrowing
entity or a member of the group.
(4) One or more persons has have the power to vote fifty
percent or more of any class of voting securities or membership
interests of the borrowing entity or a member of the group.
Sec. 130. Section 524.904, subsection 7, paragraph g, Code
2013, is amended to read as follows:
g. Loans and extensions of credit to a federal reserve
bank or to the United States, or of any department, bureau,
board, commission, agency, or establishment of the United
States, or to any corporation owned directly or indirectly by
the United States, or loans and extensions of credit to one
borrower to the extent that such loans and extensions of credit
are fully secured or guaranteed or covered by unconditional
commitments or agreements to purchase by a federal reserve bank
or by the United States, or any department, bureau, board,
commission, agency, or establishment of the United States, or
any corporation owned directly or indirectly by the United
States. Loans and extensions of credit to one borrower secured
-60-
HF 417 (4) 85
lh/rj/md 60/ 143

H.F. 417
by a lease on property under the terms of which the United
States, or any department, bureau, board, commission, agency,
or establishment of the United States, or any corporation owned
directly or indirectly by the United States, or the state of
Iowa, or any political subdivision of the state, is lessee and
under the terms of which the aggregate rentals payable to the
borrower will be sufficient to satisfy the amount loaned is
are considered to be loans and extensions of credit secured or
guaranteed as provided for in this paragraph.
Sec. 131. Section 524.1411, subsection 5, Code 2013, is
amended to read as follows:
5. The provisions required in the articles of incorporation
by section 524.302, subsection 1 , paragraphs “c” and “d” , and
section 524.302, subsection 2 , paragraph “b” .
Sec. 132. Section 535B.1, subsection 11, Code 2013, is
amended to read as follows:
11. “Real estate closing services” means the administrative
and clerical services required to carry out the conveyance or
transfer of real estate or an interest in real estate located
in this state to a purchaser or lender. “Real estate closing
services” include includes but are is not limited to preparing
settlement statements, determining that all closing documents
conform to the parties’ contract requirements, ascertaining
that the lender’s instructions have been satisfied, conducting
a closing conference, receiving and disbursing funds, and
completing form documents and instruments selected by and in
accordance with instructions of the parties to the transaction.
“Real estate closing services” do does not include performing
solely notarial acts as provided in chapter 9B .
Sec. 133. Section 536.13, subsection 7, paragraph c, Code
2013, is amended to read as follows:
c. Article Chapter 537, article 2, parts 3, 5, and 6 of
chapter 537 , and chapter 537, article 3 of chapter 537 , and
sections 537.3203 , 537.3206 , 537.3209 , 537.3304 , 537.3305 ,
and 537.3306 , apply to any credit transaction, as defined in
-61-
HF 417 (4) 85
lh/rj/md 61/ 143

H.F. 417
section 537.1301 , in which a licensee participates or engages,
and any violation of those parts or sections is a violation of
this chapter . For the purpose of applying the Iowa consumer
credit code, chapter 537 , to those credit transactions,
“consumer loan” includes a loan for a business purpose.
Sec. 134. Section 536A.31, subsection 2, Code 2013, is
amended to read as follows:
2. Article Chapter 537, article 2, parts 3, 5 , and 6 ,
and chapter 537, article 3 , and sections 537.3203 , 537.3206 ,
537.3209 , 537.3210 , 537.3304 , 537.3305 and 537.3306 shall apply
to any credit transaction, as defined in section 537.1301 , in
which a licensee participates or engages, and any violation of
those parts or sections shall be violations of this chapter .
For the purpose of applying the provisions of the Iowa consumer
credit code, chapter 537 , to those credit transactions,
“consumer loan” shall include a loan for a business purpose.
Sec. 135. Section 542B.35, subsection 2, paragraph c, Code
2013, is amended to read as follows:
c. 3. A person who completes the real property inspection
report shall not claim to be a licensed professional land
surveyor or a licensed professional engineer for purposes of
the report.
Sec. 136. Section 543B.5, subsection 15, Code 2013, is
amended to read as follows:
15. a. “Material adverse fact” means an adverse fact
that a party indicates is of such significance, or that is
generally recognized by a competent licensee as being of
such significance to a reasonable party, that it affects or
would affect the party’s decision to enter into a contract
or agreement concerning a transaction, or affects or would
affect the party’s decision about the terms of the contract or
agreement.
b. For purposes of this subsection , “adverse fact” means
a condition or occurrence that is generally recognized by a
competent licensee as resulting in any of the following:
-62-
HF 417 (4) 85
lh/rj/md 62/ 143

H.F. 417
a. (1) Significantly and adversely affecting the value of
the property.
b. (2) Significantly reducing the structural integrity of
improvement to real estate.
c. (3) Presenting a significant health risk to occupants of
the property.
Sec. 137. Section 543B.29, subsection 3, Code 2013, is
amended to read as follows:
3. A real estate broker or salesperson who is an owner or
lessor of property or an employee of an owner or lessor may
have the broker’s or salesperson’s license revoked or suspended
for violations of this section or section 543B.34 , except
section 543B.34, subsection 1, paragraphs “d” , “e” , “f” , and
“i” , with respect to that property.
Sec. 138. Section 543B.46, subsection 1, Code 2013, is
amended to read as follows:
1. Each real estate broker shall maintain a common trust
account in a bank, a savings association, or credit union for
the deposit of all down payments, earnest money deposits,
or other trust funds received by the broker or the broker’s
salespersons on behalf of the broker’s principal, except that a
broker acting as a salesperson shall deposit these funds in the
common trust account of the broker for whom the broker acts as
salesperson. The account shall be an interest-bearing account.
The interest on the account shall be transferred quarterly to
the treasurer of state and transferred to the Iowa finance
authority for deposit in the housing trust fund established in
section 16.181 unless there is a written agreement between the
buyer and seller to the contrary. The broker shall not benefit
from interest received on funds of others in the broker’s
possession.
Sec. 139. Section 551.10, Code 2013, is amended to read as
follows:
551.10 Cumulative remedies.
Nothing in this chapter shall be construed as repealing any
-63-
HF 417 (4) 85
lh/rj/md 63/ 143

H.F. 417
other Act, or part of an Act, but the remedies herein provided
shall be cumulative to all other remedies provided by law.
Sec. 140. Section 554.2311, subsection 2, Code 2013, is
amended to read as follows:
2. Unless otherwise agreed specifications relating to
assortment of the goods are at the buyer’s option and except as
otherwise provided in subsections section 554.2319, subsection
1 , paragraph “c” and section 554.2319, subsection 3 of section
554.2319 specifications or arrangements relating to shipment
are at the seller’s option.
Sec. 141. Section 554.2319, subsection 1, paragraph c, Code
2013, is amended to read as follows:
c. when under either paragraph “a” or “b” the term is
also F.O.B. vessel, car or other vehicle, the seller must in
addition at the seller’s own expense and risk load the goods
on board. If the term is F.O.B. vessel the buyer must name the
vessel and in an appropriate case the seller must comply with
the provisions of this Article on the form of bill of lading
( section 554.2323 ).
Sec. 142. Section 554.2319, subsection 3, Code 2013, is
amended to read as follows:
3. Unless otherwise agreed in any case falling within
subsection 1 , paragraph “a” or “c” or subsection 2 the buyer
must seasonably give any needed instructions for making
delivery, including when the term is F.A.S. or F.O.B. the
loading berth of the vessel and in an appropriate case its name
and sailing date. The seller may treat the failure of needed
instructions as a failure of cooperation under this Article
( section 554.2311 ). The seller may also at the seller’s option
move the goods in any reasonable manner preparatory to delivery
or shipment.
Sec. 143. Section 554.3202, subsection 1, Code 2013, is
amended to read as follows:
1. Negotiation is effective even if obtained (i) from an
infant, a corporation exceeding its powers, or a person without
-64-
HF 417 (4) 85
lh/rj/md 64/ 143

H.F. 417
capacity , (ii) ; by fraud, duress, or mistake , ; or (iii) in
breach of duty or as part of an illegal transaction.
Sec. 144. Section 554.3305, subsection 1, paragraph a, Code
2013, is amended to read as follows:
a. a defense of the obligor based on (i) infancy of the
obligor to the extent it is a defense to a simple contract ,
(ii) ; duress, lack of legal capacity, or illegality of the
transaction which, under other law, nullifies the obligation of
the obligor , (iii) ; fraud that induced the obligor to sign the
instrument with neither knowledge nor reasonable opportunity
to learn of its character or its essential terms , ; or (iv)
discharge of the obligor in insolvency proceedings;
Sec. 145. Section 554.3311, subsections 1 and 3, Code 2013,
are amended to read as follows:
1. If a person against whom a claim is asserted proves that
(i) that person in good faith tendered an instrument to the
claimant as full satisfaction of the claim, (ii) the amount of
the claim was unliquidated or subject to a bona fide dispute,
and (iii) the claimant obtained payment of the instrument, the
following subsections apply.
3. Subject to subsection 4 , a claim is not discharged under
subsection 2 if either of the following applies:
a. The claimant, if an organization, proves that (i) :
(1) within a reasonable time before the tender, the claimant
sent a conspicuous statement to the person against whom the
claim is asserted that communications concerning disputed
debts, including an instrument tendered as full satisfaction
of a debt, are to be sent to a designated person, office, or
place , ; and (ii)
(2) the instrument or accompanying communication was not
received by that designated person, office, or place.
b. The claimant, whether or not an organization, proves
that within ninety days after payment of the instrument, the
claimant tendered repayment of the amount of the instrument to
the person against whom the claim is asserted. This paragraph
-65-
HF 417 (4) 85
lh/rj/md 65/ 143

H.F. 417
does not apply if the claimant is an organization that sent a
statement complying with paragraph “a” , part (i) subparagraph
(1) .
Sec. 146. Section 554.3312, subsection 1, paragraph c, Code
2013, is amended to read as follows:
c. “Declaration of loss” means a written statement, made
under penalty of perjury, to the effect that (i) the declarer
lost possession of a check , (ii) ; the declarer is the drawer
or payee of the check, in the case of a certified check, or
the remitter or payee of the check, in the case of a cashier’s
check or teller’s check , (iii) ; the loss of possession was not
the result of a transfer by the declarer or a lawful seizure , ;
and (iv) the declarer cannot reasonably obtain possession of
the check because the check was destroyed, its whereabouts
cannot be determined, or it is in the wrongful possession of
an unknown person or a person that cannot be found or is not
amenable to service of process.
Sec. 147. Section 554.3405, subsection 1, paragraphs b and
c, Code 2013, are amended to read as follows:
b. “Fraudulent endorsement” means (i) one of the following:
(1) in the case of an instrument payable to the employer, a
forged endorsement purporting to be that of the employer , or
(ii) ;
(2) in the case of an instrument with respect to which the
employer is the issuer, a forged endorsement purporting to be
that of the person identified as payee.
c. “Responsibility” with respect to instruments means
authority (i) to sign or endorse instruments on behalf of the
employer , (ii) ; to process instruments received by the employer
for bookkeeping purposes, for deposit to an account, or for
other disposition , (iii) ; to prepare or process instruments for
issue in the name of the employer , (iv) ; to supply information
determining the names or addresses of payees of instruments
to be issued in the name of the employer , (v) ; to control the
disposition of instruments to be issued in the name of the
-66-
HF 417 (4) 85
lh/rj/md 66/ 143

H.F. 417
employer , ; or (vi) to act otherwise with respect to instruments
in a responsible capacity. “Responsibility” does not include
authority that merely allows an employee to have access to
instruments or blank or incomplete instrument forms that are
being stored or transported or are part of incoming or outgoing
mail, or similar access.
Sec. 148. Section 554.3501, subsection 1, Code 2013, is
amended to read as follows:
1. “Presentment” means a demand made by or on behalf of a
person entitled to enforce an instrument (i) :
a. to pay the instrument made to the drawee or a party
obliged to pay the instrument or, in the case of a note or
accepted draft payable at a bank, to the bank , ; or (ii)
b. to accept a draft made to the drawee.
Sec. 149. Section 554.3501, subsection 2, paragraphs b and
c, Code 2013, are amended to read as follows:
b. Upon demand of the person to whom presentment is made,
the person making presentment must (i) exhibit the instrument ,
(ii) ; give reasonable identification and, if presentment is
made on behalf of another person, reasonable evidence of
authority to do so , ; and (iii) sign a receipt on the instrument
for any payment made or surrender the instrument if full
payment is made.
c. Without dishonoring the instrument, the party to whom
presentment is made may (i) return the instrument for lack of
a necessary endorsement, or (ii) refuse payment or acceptance
for failure of the presentment to comply with the terms of the
instrument, an agreement of the parties, or other applicable
law or rule.
Sec. 150. Section 554.3604, subsection 1, Code 2013, is
amended to read as follows:
1. A person entitled to enforce an instrument, with or
without consideration, may discharge the obligation of a party
to pay the instrument (i) by an intentional voluntary act,
such as surrender of the instrument to the party, destruction,
-67-
HF 417 (4) 85
lh/rj/md 67/ 143

H.F. 417
mutilation, or cancellation of the instrument, cancellation or
striking out of the party’s signature, or the addition of words
to the instrument indicating discharge , ; or (ii) by agreeing
not to sue or otherwise renouncing rights against the party by
a signed writing.
Sec. 151. Section 554.3605, subsections 5, 7, and 9, Code
2013, are amended to read as follows:
5. If the obligation of a party to pay an instrument is
secured by an interest in collateral and a person entitled to
enforce the instrument impairs the value of the interest in
collateral, the obligation of an endorser or accommodation
party having a right of recourse against the obligor is
discharged to the extent of the impairment. The value of an
interest in collateral is impaired to the extent (i) the value
of the interest is reduced to an amount less than the amount of
the right of recourse of the party asserting discharge, or (ii)
the reduction in value of the interest causes an increase in
the amount by which the amount of the right of recourse exceeds
the value of the interest. The burden of proving impairment is
on the party asserting discharge.
7. Under subsection 5 or 6 , impairing value of an interest
in collateral includes (i) failure to obtain or maintain
perfection or recordation of the interest in collateral , (ii) ;
release of collateral without substitution of collateral of
equal value , (iii) ; failure to perform a duty to preserve the
value of collateral owed, under Article 9 or other law, to
a debtor or surety or other person secondarily liable , ; or
(iv) failure to comply with applicable law in disposing of
collateral.
9. A party is not discharged under this section if (i) the
party asserting discharge consents to the event or conduct
that is the basis of the discharge, or (ii) the instrument
or a separate agreement of the party provides for waiver of
discharge under this section either specifically or by general
language indicating that parties waive defenses based on
-68-
HF 417 (4) 85
lh/rj/md 68/ 143

H.F. 417
suretyship or impairment of collateral.
Sec. 152. Section 554.9102, subsection 1, paragraphs b,
k, z, ar, au, be, and bg, Code 2013, are amended to read as
follows:
b. “Account” , except as used in “account for” , means a right
to payment of a monetary obligation, whether or not earned by
performance, (i) for property that has been or is to be sold,
leased, licensed, assigned, or otherwise disposed of , (ii) ;
for services rendered or to be rendered , (iii) ; for a policy
of insurance issued or to be issued , (iv) ; for a secondary
obligation incurred or to be incurred , (v) ; for energy provided
or to be provided , (vi) ; for the use or hire of a vessel under
a charter or other contract , (vii) ; arising out of the use of a
credit or charge card or information contained on or for use
with the card , ; or (viii) as winnings in a lottery or other
game of chance operated or sponsored by a state, governmental
unit of a state, or person licensed or authorized to operate
the game by a state or governmental unit of a state. The term
includes health care insurance receivables. The term does
not include (i) rights to payment evidenced by chattel paper
or an instrument, (ii) commercial tort claims, (iii) deposit
accounts, (iv) investment property, (v) letter-of-credit rights
or letters of credit, or (vi) rights to payment for money or
funds advanced or sold, other than rights arising out of the
use of a credit or charge card or information contained on or
for use with the card.
k. “Chattel paper” means a record or records that evidence
both a monetary obligation and a security interest in specific
goods, a security interest in specific goods and software used
in the goods, a security interest in specific goods and license
of software used in the goods, a lease of specific goods, or
a lease of specific goods and license of software used in
the goods. In this paragraph, “monetary obligation” means a
monetary obligation secured by the goods or owed under a lease
of the goods and includes a monetary obligation with respect
-69-
HF 417 (4) 85
lh/rj/md 69/ 143

H.F. 417
to software used in the goods. The term does not include (i)
charters or other contracts involving the use or hire of a
vessel or (ii) records that evidence a right to payment arising
out of the use of a credit or charge card or information
contained on or for use with the card. If a transaction is
evidenced by records that include an instrument or series of
instruments, the group of records taken together constitutes
chattel paper.
z. “Consumer transaction” means a transaction in which (i)
an individual incurs an obligation primarily for personal,
family, or household purposes , (ii) ; a security interest
secures the obligation , ; and (iii) the collateral is held or
acquired primarily for personal, family, or household purposes.
The term includes consumer-goods transactions.
ar. “Goods” means all things that are movable when a
security interest attaches. The term includes (i) fixtures ,
(ii) ; standing timber that is to be cut and removed under a
conveyance or contract for sale , (iii) ; the unborn young of
animals , (iv) ; crops grown, growing, or to be grown, even if
the crops are produced on trees, vines, or bushes , ; and (v)
manufactured homes. The term also includes a computer program
embedded in goods and any supporting information provided in
connection with a transaction relating to the program if (i)
the program is associated with the goods in such a manner that
it customarily is considered part of the goods, or (ii) by
becoming the owner of the goods, a person acquires a right to
use the program in connection with the goods. The term does
not include a computer program embedded in goods that consist
solely of the medium in which the program is embedded. The
term also does not include accounts, chattel paper, commercial
tort claims, deposit accounts, documents, general intangibles,
instruments, investment property, letter-of-credit rights,
letters of credit, money, or oil, gas, or other minerals before
extraction.
au. “Instrument” means a negotiable instrument or any
-70-
HF 417 (4) 85
lh/rj/md 70/ 143

H.F. 417
other writing that evidences a right to the payment of a
monetary obligation, is not itself a security agreement or
lease, and is of a type that in ordinary course of business
is transferred by delivery with any necessary indorsement or
assignment. The term does not include (i) investment property,
(ii) letters of credit, or (iii) writings that evidence a right
to payment arising out of the use of a credit or charge card or
information contained on or for use with the card.
be. “New value” means (i) money , (ii) ; money’s worth in
property, services, or new credit , ; or (iii) release by a
transferee of an interest in property previously transferred
to the transferee. The term does not include an obligation
substituted for another obligation.
bg. “Obligor” means a person that, with respect to an
obligation secured by a security interest in or an agricultural
lien on the collateral, (i) owes payment or other performance
of the obligation, (ii) has provided property other than the
collateral to secure payment or other performance of the
obligation, or (iii) is otherwise accountable in whole or in
part for payment or other performance of the obligation. The
term does not include issuers or nominated persons under a
letter of credit.
Sec. 153. Section 554.12507, subsection 3, Code 2013, is
amended to read as follows:
3. a. A funds-transfer system rule may select the law of a
particular jurisdiction to govern (i) :
(1) the rights and obligations between participating banks
with respect to payment orders transmitted or processed through
the system, or (ii)
(2) the rights and obligations of some or all parties to a
funds transfer any part of which is carried out by means of the
system.
b. A choice of law made pursuant to clause (i) paragraph
“a” , subparagraph (1), is binding on participating banks. A
choice of law made pursuant to clause (ii) paragraph “a” ,
-71-
HF 417 (4) 85
lh/rj/md 71/ 143

H.F. 417
subparagraph (2), is binding on the originator, other sender,
or a receiving bank having notice that the funds-transfer
system might be used in the funds transfer and of the choice
of law by the system when the originator, other sender,
or receiving bank issued or accepted a payment order. The
beneficiary of a funds transfer is bound by the choice of law
if, when the funds transfer is initiated, the beneficiary has
notice that the funds-transfer system might be used in the
funds transfer and of the choice of law by the system. The
law of a jurisdiction selected pursuant to this subsection may
govern, whether or not that law bears a reasonable relation to
the matter in issue.
Sec. 154. Section 554.13103, subsection 1, paragraph g,
subparagraph (3), subparagraph division (d), Code 2013, is
amended to read as follows:
(d) if the lease is not a consumer lease, the lessor, before
the lessee signs the lease contract, informs the lessee in
writing (i) of the identity of the person supplying the goods
to the lessor, unless the lessee has selected that person
and directed the lessor to acquire the goods or the right to
possession and use of the goods from that person , (ii) ; that
the lessee is entitled under this Article to the promises and
warranties, including those of any third party, provided to the
lessor by the person supplying the goods in connection with
or as part of the contract by which the lessor acquired the
goods or the right to possession and use of the goods , ; and
(iii) that the lessee may communicate with the person supplying
the goods to the lessor and receive an accurate and complete
statement of those promises and warranties, including any
disclaimers and limitations of them or of remedies.
Sec. 155. Section 554.13209, subsection 2, Code 2013, is
amended to read as follows:
2. The extension of the benefit of a supplier’s promises and
of warranties to the lessee under subsection 1 does not: (i)
a. modify the rights and obligations of the parties to the
-72-
HF 417 (4) 85
lh/rj/md 72/ 143

H.F. 417
supply contract, whether arising therefrom or otherwise, or
(ii)
b. impose any duty or liability under the supply contract
on the lessee.
Sec. 156. Section 554.13527, subsection 2, Code 2013, is
amended to read as follows:
2. Except as otherwise provided with respect to damages
liquidated in the lease agreement ( section 554.13504 ) or
otherwise determined pursuant to agreement of the parties
( sections 554.1302 and 554.13503 ), if the disposition is by
lease agreement substantially similar to the original lease
agreement and the new lease agreement is made in good faith and
in a commercially reasonable manner, the lessor may recover
from the lessee as damages (i) accrued and unpaid rent as of
the date of the commencement of the term of the new lease
agreement , (ii) ; the present value, as of the same date, of the
total rent for the remaining lease term of the original lease
agreement minus the present value, as of the same date, of the
rent under the new lease agreement applicable to that period of
the new lease term which is comparable to the then remaining
term of the original lease agreement , ; and (iii) any incidental
damages allowed under section 554.13530 , less expenses saved in
consequence of the lessee’s default.
Sec. 157. Section 554.13528, subsection 1, Code 2013, is
amended to read as follows:
1. Except as otherwise provided with respect to damages
liquidated in the lease agreement ( section 554.13504 ) or
otherwise determined pursuant to agreement of the parties
( sections 554.1302 and 554.13503 ), if a lessor elects to retain
the goods or a lessor elects to dispose of the goods and the
disposition is by lease agreement that for any reason does not
qualify for treatment under section 554.13527, subsection 2 , or
is by sale or otherwise, the lessor may recover from the lessee
as damages for a default of the type described in section
554.13523, subsection 1 , or section 554.13523, subsection 3 ,
-73-
HF 417 (4) 85
lh/rj/md 73/ 143

H.F. 417
paragraph “a” , or, if agreed, for other default of the lessee,
(i)
a. accrued and unpaid rent as of the date of default if
the lessee has never taken possession of the goods, or, if the
lessee has taken possession of the goods, as of the date the
lessor repossesses the goods or an earlier date on which the
lessee makes a tender of the goods to the lessor, (ii)
b. the present value as of the date determined under clause
(i) paragraph “a” of the total rent for the then remaining lease
term of the original lease agreement minus the present value as
of the same date of the market rent at the place where the goods
are located computed for the same lease term, and (iii)
c. any incidental damages allowed under section 554.13530 ,
less expenses saved in consequence of the lessee’s default.
Sec. 158. Section 554D.104, subsection 2, paragraph b, Code
2013, is amended to read as follows:
b. Chapter 554 other than chapter 554, articles 2 and 13 ,
and section 554.1306 .
Sec. 159. Section 559.2, Code 2013, is amended to read as
follows:
559.2 Definition —— scope of power.
The term “power to appoint” as used in section 559.1 , shall
mean and include all powers which are in substance and effect
powers of appointment, regardless of the language used in
creating them and whether they are (1) general :
1. General , special or otherwise , (2) vested .
2. Vested , contingent or conditional , (3) in .
3. In gross, appendant, simply collateral, in trust or in
the nature of a trust or otherwise , (4) exercisable .
4. Exercisable by an instrument amending, revoking,
altering , or terminating a trust or an estate, or an interest
thereunder or otherwise , (5) exercisable .
5. Exercisable presently or in the future , (6) exercisable .
6. Exercisable in an individual or a fiduciary capacity
whether alone or in conjunction with one or more other persons
-74-
HF 417 (4) 85
lh/rj/md 74/ 143

H.F. 417
or corporations , (7) powers .
7. Powers to invade or consume property , or (8) powers .
8. Powers remaining after one or more partial releases have
heretofore or hereafter been made with respect to a power to
appoint.
Sec. 160. Section 559.6, Code 2013, is amended to read as
follows:
559.6 Delivery.
A release or disclaimer may be delivered to any of the
following: (1)
1. Any person who could be adversely affected by the
exercise of the power ; or (2) any .
2. Any trustee of the property to which the power relates ;
or (3) any .
3. Any person specified for such purpose in the instrument
creating the power ; or (4) the .
4. The county recorder as provided in section 559.1 .
Sec. 161. Section 600A.4, subsection 2, paragraph f, Code
2013, is amended to read as follows:
f. Shall be accompanied by a report which includes,
to the extent available, the complete family medical and
social history of the person to be adopted including any
known genetic, metabolic, or familial disorders and the
complete medical and developmental history of the person to
be adopted, and a social history of the minor child and the
minor child’s family but which does not disclose the identity
of the biological parents of the person to be adopted. The
social history may include but is not limited to the minor
child’s racial, ethnic, and religious background and a general
description of the minor child’s biological parents and an
account of the minor child’s prior and existing relationship
with any relative, foster parent, or other individual with whom
the minor child regularly lives or whom the child regularly
visits.
(1) A biological parent may also provide ongoing
-75-
HF 417 (4) 85
lh/rj/md 75/ 143

H.F. 417
information to the adoptive parents, as additional medical
or social history information becomes known, by providing
information to the clerk of court, the department of human
services, or the agency which made the placement, and may
provide the current address of the biological parent. The
clerk of court, the department of human services, or the agency
which made the placement shall transmit the information to the
adoptive parents if the address of the adoptive parents is
known.
(2) A person who furnishes a report required under this
paragraph “f” and the court shall not disclose any information
upon which the report is based except as otherwise provided
in this section and such a person is subject to the penalties
provided in section 600.16 , as applicable. A person who is the
subject of any report may bring a civil action against a person
who discloses the information in violation of this section .
(3) Information provided under this paragraph “f” shall not
be used as evidence in any civil or criminal proceeding against
a person who is the subject of the information.
(4) The department shall prescribe forms designed to obtain
the family medical and social history and shall provide the
forms at no charge to any agency or person who executes a
release of custody of the minor child or who files a petition
for termination of parental rights. The existence of this
report does not limit a person’s ability to petition the court
for release of records in accordance with other provisions of
law.
Sec. 162. Section 631.8, subsection 2, paragraph b, Code
2013, is amended to read as follows:
b. As to parties who have appeared or are existing parties,
either (1) order the small claim to be heard under this chapter
and the other claim to be tried by regular procedure or (2)
order both claims to be tried by regular procedure.
Sec. 163. Section 633.224, Code 2013, is amended to read as
follows:
-76-
HF 417 (4) 85
lh/rj/md 76/ 143

H.F. 417
633.224 Advancements —— in general.
When the owner of property transfers it as an advancement
to a person who would be an heir of such transferor were the
latter to die at that time, and the transferor dies intestate,
then the property thus advanced shall be counted toward the
share of the transferee in the estate, ( which for this purpose
only shall be increased by the value of the advancement at
the time the advancement was made ) . The transferee shall
have no liability to the estate for such part, if any, of the
advancement as may be in excess of the transferee’s share
in the estate as thus determined. Every gratuitous inter
vivos transfer is presumed to be an absolute gift, and not an
advancement. Such presumption is rebuttable.
Sec. 164. Section 633.352, Code 2013, is amended to read as
follows:
633.352 Collection of rents and payment of taxes and charges.
Unless otherwise provided by the will, the provisions of
chapter 637 that conflict with this division VII, part 3 , shall
not apply to the allocation and distribution of estate income.
Sec. 165. Section 648.3, subsection 1, Code 2013, is amended
to read as follows:
1. Before action can be brought under any ground specified
in section 648.1 , except section 648.1, subsection 1 , three
days’ notice to quit must be given to the defendant in writing.
However, a landlord who has given a tenant three days’ notice
to pay rent and has terminated the tenancy as provided in
section 562A.27, subsection 2 , or section 562B.25, subsection
2 , if the tenant is renting the manufactured or mobile home or
the land from the landlord, may commence the action without
giving a three-day notice to quit.
Sec. 166. Section 724.10, subsection 2, Code 2013, is
amended to read as follows:
2. The issuing officer, upon receipt of an initial or
renewal application under this section , shall immediately
conduct a background check concerning each applicant by
-77-
HF 417 (4) 85
lh/rj/md 77/ 143

H.F. 417
obtaining criminal history data from the department of public
safety which shall include an inquiry of the national instant
criminal background check system maintained by the federal
bureau of investigation or any successor agency.
Sec. 167. Section 724.17, Code 2013, is amended to read as
follows:
724.17 Application for annual permit to acquire —— criminal
history check required.
The application for an annual permit to acquire pistols
or revolvers may be made to the sheriff of the county of
the applicant’s residence and shall be on a form prescribed
and published by the commissioner of public safety. The
application shall require only the full name of the applicant,
the driver’s license or nonoperator’s identification card
number of the applicant, the residence of the applicant,
and the date and place of birth of the applicant. The
applicant shall also display an identification card that
bears a distinguishing number assigned to the cardholder, the
full name, date of birth, sex, residence address, and brief
description and colored photograph of the cardholder, or other
identification as specified by rule of the department of public
safety. The sheriff shall conduct a criminal history check
concerning each applicant by obtaining criminal history data
from the department of public safety which shall include an
inquiry of the national instant criminal background check
system maintained by the federal bureau of investigation or any
successor agency. A person who makes what the person knows
to be a false statement of material fact on an application
submitted under this section or who submits what the person
knows to be any materially falsified or forged documentation in
connection with such an application commits a class “D” felony.
Sec. 168. Section 805.6, subsection 3, paragraph a, Code
2013, is amended to read as follows:
a. (1) The uniform citation and complaint shall contain
spaces for the following:
-78-
HF 417 (4) 85
lh/rj/md 78/ 143

H.F. 417
(a) The parties’ names ; the .
(b) The address of the alleged offender ; the .
(c) The registration number of the offender’s vehicle ; the .
(d) The information required by section 805.2 , a .
(e) A warning which states:
“I I hereby swear and affirm that the information provided by
me on this citation is true under penalty of providing false
information”; and a information.
(f) A statement that providing false identification
information is a violation of section 719.1A ; a .
(g) A list of the scheduled fines prescribed by sections
805.8A , 805.8B , and 805.8C , either separately or by group, and
a statement of the court costs payable in scheduled violation
cases, whether or not a court appearance is required or is
demanded ; a .
(h) A brief explanation of sections 805.9 and 805.10 ; and a .
(i) A space where the defendant may sign an admission of the
violation when permitted by section 805.9 ; and the .
(2) The uniform citation and complaint shall require that
the defendant appear before a court at a specified time and
place.
(3) The uniform citation and complaint also may contain a
space for the imprint of a credit card, and may contain any
other information which the commissioner of public safety, the
director of transportation, and the director of the department
of natural resources may determine.
Sec. 169. Section 805.8B, subsection 2, paragraph b,
subparagraph (3), Code 2013, is amended to read as follows:
(3) For operating violations under section 321G.13,
subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , “h” , and “i” ,
and section 321G.13, subsections 2 and 3 , the scheduled fine
is one hundred dollars.
Sec. 170. Section 805.8B, subsection 2A, paragraph b,
subparagraph (3), Code 2013, is amended to read as follows:
(3) For operating violations under section 321I.14,
-79-
HF 417 (4) 85
lh/rj/md 79/ 143

H.F. 417
subsection 1 , paragraphs “a” , “e” , “f” , “g” , and “h” , and
section 321I.14, subsections 2, 3, 4, and 5 , the scheduled fine
is one hundred dollars.
Sec. 171. Section 809A.3, Code 2013, is amended to read as
follows:
809A.3 Conduct giving rise to forfeiture.
1. The following conduct may give rise to forfeiture:
1. a. An act or omission which is a public offense and
which is a serious or aggravated misdemeanor or felony.
2. b. An act or omission occurring outside of this state,
that would be punishable by confinement of one year or more in
the place of occurrence and would be a serious or aggravated
misdemeanor or felony if the act or omission occurred in this
state.
3. c. An act or omission committed in furtherance of any
act or omission described in subsection 1 paragraph “a” , which
is a serious or aggravated misdemeanor or felony, including any
inchoate or preparatory offense.
4. 2. Notwithstanding subsections subsection 1 through
3 , violations of chapter 321 or 321J shall not be considered
conduct giving rise to forfeiture, except for violations of the
following:
a. Section 321.232 .
b. A second or subsequent violation of section 321J.4B,
subsection 2 , paragraph “a” , subparagraph (2).
c. Section 321J.4B, subsection 9 .
Sec. 172. Section 904.312, Code 2013, is amended to read as
follows:
904.312 Purchase of supplies.
1. The director shall adopt rules governing the purchase of
all articles and supplies needed at the various institutions
and the form and verification of vouchers for the purchases.
When purchases are made by sample, the sample shall be properly
marked and retained until after an award or delivery of the
items is made. The director may purchase supplies from any
-80-
HF 417 (4) 85
lh/rj/md 80/ 143

H.F. 417
institution under the director’s control, for use in any other
institution, and reasonable reimbursement shall be made for
these purchases.
2. The director shall, whenever technically feasible,
purchase and use degradable loose foam packing material
manufactured from grain starches or other renewable resources,
unless the cost of the packing material is more than ten
percent greater than the cost of packing material made from
nonrenewable resources. For the purposes of this subsection,
“packing material” means material, other than an exterior
packing shell, that is used to stabilize, protect, cushion, or
brace the contents of a package.
Sec. 173. Section 915.82, subsection 1, Code 2013, is
amended to read as follows:
1. a. A crime victim assistance board is established, and
shall consist of the following members to be appointed pursuant
to rules adopted by the department:
a. (1) A county attorney or assistant county attorney.
b. (2) Two persons engaged full-time in law enforcement.
c. (3) A public defender or an attorney practicing
primarily in criminal defense.
d. (4) A hospital medical staff person involved with
emergency services.
e. (5) Two public members who have received victim
services.
f. (6) A victim service provider.
g. (7) A person licensed pursuant to chapter 154B or 154C .
h. (8) A person representing the elderly.
b. Board members shall be reimbursed for expenses actually
and necessarily incurred in the discharge of their duties.
DIVISION II
VOLUME VI RENUMBERING
Sec. 174. Section 556.2, subsection 5, Code 2013, is amended
to read as follows:
5. a. A banking organization or financial organization
-81-
HF 417 (4) 85
lh/rj/md 81/ 143

H.F. 417
shall send to the owner of each account, to which none of the
actions specified in subsection 2, paragraphs “a” through “e”
of subsection 1 or subsection 2, paragraphs “a” through “e” of
subsection 2 have occurred during the preceding three calendar
years, a notice by certified mail stating in substance the
following:
According to our records, we have had no contact with you
regarding (describe account) for more than three years. Under
Iowa law, if there is a period of three years without contact,
we may be required to transfer this account to the custody of
the treasurer of state of Iowa as unclaimed property. You
may prevent this by taking some action, such as a deposit or
withdrawal, which indicates your interest in this account or by
signing this form and returning it to us.
I desire to keep the above account open and active.
.........
Your signature
b. The notice required under this section shall be mailed
within thirty days of the lapse of the three-year period in
which there is no activity. The cost of the certified mail of
the notice required in this section may be deducted from the
account by the banking or financial organization.
Sec. 175. Section 557B.3, subsection 2, unnumbered
paragraphs 2, 3, 4, and 5, Code 2013, are amended to read as
follows:
3. The application shall be signed by the membership camping
operator or an officer or a general partner of the membership
camping operator, or by another person holding a power of
attorney for this purpose from the membership camping operator.
If the application is signed pursuant to a power of attorney,
a copy of the power of attorney must be included with the
application.
4. An application for registration shall be amended within
twenty-five days of any material change in the information
included in the application. A material change includes any
-82-
HF 417 (4) 85
lh/rj/md 82/ 143

H.F. 417
change which significantly reduces or terminates either the
applicant’s or the purchaser’s right to use the campground
or any of the facilities described in the membership camping
contract, but does not include minor changes covering the use
of the campground, its facilities, or the reciprocal program.
5. The registration of the membership camping operator
must be renewed annually by filing an application for renewal
with the required fee not later than thirty days prior to the
anniversary of the current registration. The application shall
include all changes which have occurred in the information
included in the application previously filed.
6. Registration with the attorney general does not
constitute approval or endorsement by the attorney general
of the membership camping operator, the membership camping
contract, or the campground, and any attempt by the membership
camping operator to indicate that registration constitutes such
approval or endorsement is unlawful.
Sec. 176. Section 557B.8, Code 2013, is amended to read as
follows:
557B.8 Disclosures to purchasers.
1. A membership camping operator who is subject to the
registration requirements of section 557B.3 shall provide a
disclosure statement to a purchaser or prospective purchaser
before the person signs a membership camping contract or gives
any money or thing of value for the purchase of a membership
camping contract.
1. 2. The front cover or first page of the disclosure
statement shall contain only the following, in the order
stated:
a. “MEMBERSHIP CAMPING OPERATOR’S DISCLOSURE STATEMENT”
printed at the top in boldface type of a minimum size of ten
points.
b. The name and principal business address of the membership
camping operator and any material affiliate of the membership
camping operator.
-83-
HF 417 (4) 85
lh/rj/md 83/ 143

H.F. 417
c. A statement that the membership camping operator is in
the business of offering for sale membership camping contracts.
d. A statement, printed in boldface type of a minimum size
of ten points, which reads as follows:
THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE
CONSIDERED IN THE EXECUTION OF A MEMBERSHIP CAMPING CONTRACT.
THE MEMBERSHIP CAMPING OPERATOR IS REQUIRED BY LAW TO DELIVER
TO YOU A COPY OF THIS DISCLOSURE STATEMENT BEFORE YOU EXECUTE
A MEMBERSHIP CAMPING CONTRACT. THE STATEMENTS CONTAINED IN
THIS DOCUMENT ARE ONLY SUMMARY IN NATURE. YOU AS A PROSPECTIVE
PURCHASER SHOULD REVIEW ALL REFERENCES, EXHIBITS, CONTRACT
DOCUMENTS, AND SALES MATERIALS. YOU SHOULD NOT RELY UPON ANY
ORAL REPRESENTATIONS AS BEING CORRECT. REFER TO THIS DOCUMENT
AND TO THE ACCOMPANYING EXHIBITS FOR CORRECT REPRESENTATIONS.
THE MEMBERSHIP CAMPING OPERATOR IS PROHIBITED FROM MAKING ANY
REPRESENTATIONS WHICH CONFLICT WITH THOSE CONTAINED IN THE
CONTRACT AND THIS DISCLOSURE STATEMENT.
e. A statement, printed in boldface type of a minimum size
of ten points, which reads as follows:
IF YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT, YOU HAVE
THE UNQUALIFIED RIGHT TO CANCEL THE CONTRACT. THIS RIGHT OF
CANCELLATION CANNOT BE WAIVED. THE RIGHT TO CANCEL EXPIRES
AT MIDNIGHT ON THE THIRD BUSINESS DAY FOLLOWING THE DATE ON
WHICH THE CONTRACT WAS EXECUTED OR THE DATE OF RECEIPT OF
THIS DISCLOSURE STATEMENT, WHICHEVER EVENT OCCURS LATER. TO
CANCEL THE MEMBERSHIP CAMPING CONTRACT, YOU AS THE PURCHASER
MUST HAND DELIVER OR MAIL NOTICE OF YOUR INTENT TO CANCEL TO
THE MEMBERSHIP CAMPING OPERATOR AT THE ADDRESS SHOWN IN THE
MEMBERSHIP CAMPING CONTRACT, POSTAGE PREPAID. THE MEMBERSHIP
CAMPING OPERATOR IS REQUIRED BY LAW TO RETURN ALL MONEYS PAID
BY YOU IN CONNECTION WITH THE EXECUTION OF THE MEMBERSHIP
CAMPING CONTRACT, UPON YOUR PROPER AND TIMELY CANCELLATION OF
THE CONTRACT AND RETURN OF ALL MEMBERSHIP AND RECIPROCAL USE
PROGRAM MATERIALS FURNISHED AT THE TIME OF PURCHASE.
2. 3. The following pages of the disclosure statement shall
-84-
HF 417 (4) 85
lh/rj/md 84/ 143

H.F. 417
contain all of the following in the order stated:
a. The name, principal occupation, and address of every
director, partner, or controlling person of the membership
camping operator.
b. A brief description of the nature of the purchaser’s
right or license to use the campground and the facilities which
are to be available for use by purchasers.
c. A brief description of the membership camping operator’s
experience in the membership camping business, including the
length of time the operator has been in the membership camping
business.
d. The location of each of the campgrounds which is to be
available for use by purchasers and a brief description of the
facilities at each campground which are currently available for
use by purchasers. Facilities which are planned, incomplete,
or not yet available for use shall be clearly identified
as incomplete or unavailable. A brief description of any
facilities that are or will be available to nonpurchasers shall
also be provided. The description shall include, but need
not be limited to, the number of campsites in each park, the
number of campsites in each park with full or partial hookups,
swimming pools, tennis courts, recreation buildings, restrooms
and showers, laundry rooms, trading posts, and grocery stores.
e. The fees and charges that purchasers are or may
be required to pay for the use of the campground or any
facilities.
f. Any initial or special fee due from the purchaser,
together with a description of the purpose and method of
calculating the fee.
g. The extent to which financial arrangements, if any, have
been provided for the completion of facilities, together with
a statement of the membership camping operator’s obligation
to complete planned facilities. The statement shall include
a description of any restrictions or limitations on the
membership camping operator’s obligation to begin or to
-85-
HF 417 (4) 85
lh/rj/md 85/ 143

H.F. 417
complete the facilities.
h. The names of the managing entity, if any, and the
significant terms of any management contract, including but
not limited to, the circumstances under which the membership
camping operator may terminate the management contract.
i. A summary or copy, whether by way of supplement or
otherwise, of the rules, restrictions, or covenants regulating
the purchaser’s use of the campground and the facilities
which are to be available for use by the purchaser, including
a statement of whether and how the rules, restrictions, or
covenants may be changed.
j. A brief description of the policies covering the
availability of camping sites, the availability of reservations
and the conditions under which they are made.
k. A brief description of any grounds for forfeiture of a
purchaser’s membership camping contract.
l. A statement of whether the membership camping operator
has the right to withdraw permanently from use, all or any
portion of any campground devoted to membership camping and,
if so, the conditions under which the withdrawal is to be
permitted.
m. A statement describing the material terms and conditions
of any reciprocal program to be available to the purchaser,
including a statement concerning whether the purchaser’s
participation in any reciprocal program is dependent on the
continued affiliation of the membership camping operator with
that reciprocal program and whether the membership camping
operator reserves the right to terminate such affiliation.
n. As to all memberships offered by the membership camping
operator at each campground, all of the following:
(1) The form of membership offered.
(2) The types of duration of membership along with a
summary of the major privileges, restrictions, and limitations
applicable to each type.
(3) Provisions that have been made for public utilities
-86-
HF 417 (4) 85
lh/rj/md 86/ 143

H.F. 417
at each campsite including water, electricity, telephone, and
sewage facilities.
o. A statement of the assistance, if any, that the
membership camping operator will provide to the purchaser in
the resale of membership camping contracts and a detailed
description of how any such resale program is operated.
p. The following statement, printed in boldface type of a
minimum size of ten points:
REGISTRATION OF THE MEMBERSHIP CAMPING OPERATOR WITH THE IOWA
ATTORNEY GENERAL DOES NOT CONSTITUTE AN APPROVAL OR ENDORSEMENT
BY THE ATTORNEY GENERAL OF THE MEMBERSHIP CAMPING OPERATOR, THE
MEMBERSHIP CAMPING CONTRACT, OR THE CAMPGROUND.
4. The membership camping operator shall promptly amend the
disclosure statement to reflect any material change and shall
promptly file any such amendments with the attorney general.
Sec. 177. Section 562A.15, subsections 1 and 2, Code 2013,
are amended to read as follows:
1. a. The landlord shall:
a. (1) Comply with the requirements of applicable building
and housing codes materially affecting health and safety.
b. (2) Make all repairs and do whatever is necessary to put
and keep the premises in a fit and habitable condition.
c. (3) Keep all common areas of the premises in a clean
and safe condition. The landlord shall not be liable for any
injury caused by any objects or materials which belong to or
which have been placed by a tenant in the common areas of the
premises used by the tenant.
d. (4) Maintain in good and safe working order and
condition all electrical, plumbing, sanitary, heating,
ventilating, air-conditioning, and other facilities and
appliances, including elevators, supplied or required to be
supplied by the landlord.
e. (5) Provide and maintain appropriate receptacles and
conveniences, accessible to all tenants, for the central
collection and removal of ashes, garbage, rubbish, and other
-87-
HF 417 (4) 85
lh/rj/md 87/ 143

H.F. 417
waste incidental to the occupancy of the dwelling unit and
arrange for their removal.
f. (6) Supply running water and reasonable amounts of
hot water at all times and reasonable heat, except where the
building that includes the dwelling unit is not required by
law to be equipped for that purpose, or the dwelling unit
is so constructed that heat or hot water is generated by an
installation within the exclusive control of the tenant and
supplied by a direct public utility connection.
b. If the duty imposed by paragraph “a” , subparagraph
(1), of this subsection is greater than a duty imposed by
another subparagraph of paragraph “a” of this subsection , the
landlord’s duty shall be determined by reference to paragraph
“a” , subparagraph (1) of this subsection .
2. The landlord and tenant of a single family residence may
agree in writing that the tenant perform the landlord’s duties
specified in paragraphs “e” and “f” of subsection 1 , paragraph
“a” , subparagraphs (5) and (6), and also specified repairs,
maintenance tasks, alterations, and remodeling, but only if the
transaction is entered into in good faith.
Sec. 178. Section 562A.27A, subsection 3, Code 2013, is
amended to read as follows:
3. a. This section shall not apply to a tenant if the
activities causing the clear and present danger, as defined
in subsection 2 , are conducted by a person on the premises
other than the tenant and the tenant takes at least one of
the following measures against the person conducting the
activities:
a. (1) The tenant seeks a protective order, restraining
order, order to vacate the homestead, or other similar relief
pursuant to chapter 236 , 598 , 664A , or 915 , or any other
applicable provision which would apply to the person conducting
the activities causing the clear and present danger.
b. (2) The tenant reports the activities causing the clear
and present danger to a law enforcement agency or the county
-88-
HF 417 (4) 85
lh/rj/md 88/ 143

H.F. 417
attorney in an effort to initiate a criminal action against the
person conducting the activities.
c. (3) The tenant writes a letter to the person conducting
the activities causing the clear and present danger, telling
the person not to return to the premises and that a return to
the premises may result in a trespass or other action against
the person, and the tenant sends a copy of the letter to a law
enforcement agency whose jurisdiction includes the premises.
If the tenant has previously written a letter to the person
as provided in this paragraph subparagraph , without taking an
action specified in paragraph “a” subparagraph (1) or “b” (2)
or filing a trespass or other action, and the person to whom
the letter was sent conducts further activities causing a clear
and present danger, the tenant must take one of the actions
specified in paragraph “a” subparagraph (1) or “b” (2) to be
exempt from proceedings pursuant to subsection 1 .
b. However, in order to fall within the exemptions provided
within this subsection , the tenant must provide written proof
to the landlord, prior to the commencement of a suit against
the tenant, that the tenant has taken one of the measures
specified in paragraphs paragraph “a” , subparagraphs (1)
through “c” (3) .
Sec. 179. Section 562B.11, subsection 2, Code 2013, is
amended to read as follows:
2. A provision prohibited by subsection 1 of this section
included in a rental agreement is unenforceable. If a landlord
or tenant knowingly uses a rental agreement containing
provisions known to be prohibited by this chapter , the other
party may recover actual damages sustained.
3. Nothing in this chapter shall prohibit a rental agreement
from requiring a tenant to maintain liability insurance which
names the landlord as an insured as relates to the mobile home
space rented by the tenant.
Sec. 180. Section 562B.25A, subsection 3, Code 2013, is
amended to read as follows:
-89-
HF 417 (4) 85
lh/rj/md 89/ 143

H.F. 417
3. a. This section shall not apply to a tenant if the
activities causing the clear and present danger, as defined
in subsection 2 , are conducted by a person on the premises
other than the tenant and the tenant takes at least one of
the following measures against the person conducting the
activities:
a. (1) The tenant seeks a protective order, restraining
order, order to vacate the homestead, or other similar relief
pursuant to chapter 236 , 598 , 664A , or 915 , or any other
applicable provision which would apply to the person conducting
the activities causing the clear and present danger.
b. (2) The tenant reports the activities causing the clear
and present danger to a law enforcement agency or the county
attorney in an effort to initiate a criminal action against the
person conducting the activities.
c. (3) The tenant writes a letter to the person conducting
the activities causing the clear and present danger, telling
the person not to return to the premises and that a return to
the premises may result in a trespass or other action against
the person, and the tenant sends a copy of the letter to a law
enforcement agency whose jurisdiction includes the premises.
If the tenant has previously written a letter to the person
as provided in this paragraph subparagraph , without taking an
action specified in paragraph “a” subparagraph (1) or “b” (2)
or filing a trespass or other action, and the person to whom
the letter was sent conducts further activities causing a clear
and present danger, the tenant must take one of the actions
specified in paragraph “a” subparagraph (1) or “b” (2) to be
exempt from proceedings pursuant to subsection 1 .
b. However, in order to fall within the exemptions provided
within this subsection , the tenant must provide written proof
to the landlord, prior to the commencement of a suit against
the tenant, that the tenant has taken one of the measures
specified in paragraphs paragraph “a” , subparagraphs (1)
through “c” (3) .
-90-
HF 417 (4) 85
lh/rj/md 90/ 143

H.F. 417
Sec. 181. Section 585.3, Code 2013, is amended to read as
follows:
585.3 Caption of publication.
1. The publication required by this chapter shall be made
under the following caption or heading, to wit:
Proposed bill for the legalization of the proceedings of
(name of official body).
2. If the proposed bill be for the legalization of the bonds
or warrants of the public corporation, the caption shall be
modified accordingly.
Sec. 182. Section 600.16A, subsection 3, Code 2013, is
amended to read as follows:
3. a. In addition to other procedures by which adoption
records may be opened under this section , if both of the
following conditions are met, the department, the clerk of
court, or the agency which made the placement shall open the
adoption record for inspection and shall reveal the identity
of the biological parents to the adult adopted child or the
identity of the adult adopted child to the biological parents:
a. (1) A biological parent has placed in the adoption
record written consent to revelation of the biological parent’s
identity to the adopted child at an age specified by the
biological parent, upon request of the adopted child.
b. (2) An adult adopted child has placed in the adoption
record written consent to revelation of the identity of the
adult adopted child to a biological parent.
b. A person who has placed in the adoption record written
consent pursuant to paragraph “a” , subparagraph (1) or “b”
of this subsection (2) may withdraw the consent at any time
by placing a written withdrawal of consent statement in the
adoption record.
c. Notwithstanding the provisions of this subsection , if
the adult adopted person has a sibling who is a minor and who
has also been adopted by the same parents, the department, the
clerk of court, or the agency which made the placement may
-91-
HF 417 (4) 85
lh/rj/md 91/ 143

H.F. 417
deny the request of either the adult adopted person or the
biological parent to open the adoption records and to reveal
the identities of the parties pending determination by the
juvenile court or court that there is good cause to open the
records pursuant to subsection 2 .
Sec. 183. Section 602.1606, Code 2013, is amended to read
as follows:
602.1606 Judicial officer disqualified.
1. A judicial officer is disqualified from acting in a
proceeding, except upon the consent of all of the parties, if
any of the following circumstances exists:
1. a. The judicial officer has a personal bias or
prejudice concerning a party, or personal knowledge of disputed
evidentiary facts concerning the proceeding.
2. b. The judicial officer served as a lawyer in the matter
in controversy, or a lawyer with whom the judicial officer
previously practiced law served during that association as a
lawyer concerning the matter, or the judicial officer or such
lawyer has been a material witness concerning the matter.
3. c. The judicial officer knows that the officer,
individually or as a fiduciary, or the officer’s spouse or a
person related to either of them by consanguinity or affinity
within the third degree or the spouse of such a person has a
financial interest in the subject matter in controversy or in a
party to the proceeding, or has any other interest that could
be substantially affected by the outcome of the proceeding.
4. d. The judicial officer or the officer’s spouse, or a
person related to either of them by consanguinity or affinity
within the third degree or the spouse of such a person, is a
party to the proceeding, or an officer, director, or trustee
of a party, or is acting as a lawyer in the proceeding, or is
known by the judicial officer to have an interest that could be
substantially affected by the outcome of the proceeding, or is,
to the judicial officer’s knowledge, likely to be a material
witness in the proceeding.
-92-
HF 417 (4) 85
lh/rj/md 92/ 143

H.F. 417
2. A judicial officer shall disclose to all parties in a
proceeding any existing circumstances in subsections subsection
1 , paragraphs “a” through 4 “d” , before the parties consent to
the judicial officer’s presiding in the proceeding.
Sec. 184. Section 607A.22, Code 2013, is amended to read as
follows:
607A.22 Use of source lists —— information provided.
1. The appointive jury commission or the jury manager shall
use both of the following source lists in preparing grand and
petit jury lists:
1. a. The current voter registration list.
2. b. The current motor vehicle operators list.
2. The appointive jury commission or the jury manager may
use any other current comprehensive list of persons residing in
the county, including but not limited to the lists of public
utility customers, which the appointive jury commission or
jury manager determines are useable for the purpose of a juror
source list.
3. The applicable state and local government officials
shall furnish, upon request, the appointive jury commission or
jury manager with copies of lists necessary for the formulation
of source lists at no cost to the commission, manager, or
county.
4. The jury manager or jury commission may request
a consolidated source list. A consolidated source list
contains all the names and addresses found in either the voter
registration list or the motor vehicle operators list, but does
not duplicate an individual’s name within the consolidated
list. State officials shall cooperate with one another
to prepare consolidated lists. The jury manager or jury
commission may further request that only a randomly chosen
portion of the consolidated list be prepared which may consist
of either a certain number of names or a certain percentage of
all the names in the consolidated list, as specified by the
jury manager or jury commission.
-93-
HF 417 (4) 85
lh/rj/md 93/ 143

H.F. 417
Sec. 185. Section 607A.27, Code 2013, is amended to read as
follows:
607A.27 Preparation for drawing of panels.
1. The names entered upon the appointive jury commission’s
or jury manager’s lists and deposited in the office of the
clerk or jury manager constitute the grand and petit master
lists, from which grand and petit jurors shall be drawn.
2. Within ten days after the lists are deposited in the
office of the clerk or jury manager, the clerk or jury manager
shall do either of the following:
1. a. Prepare from the lists separate ballots, uniform in
size, shape, and appearance, and folded to conceal information
on the ballot. The ballots for grand and petit jurors shall be
kept separate and each ballot shall contain the name and place
of residence of each prospective juror.
2. b. Use electronic data processing equipment for the
storage of names of the grand and petit jurors. The numerical
division required in section 607A.21 need not be used when a
jury wheel is used for the preparation of the lists.
Sec. 186. Section 619.19, Code 2013, is amended to read as
follows:
619.19 Verification not required —— affidavits.
1. Pleadings need not be verified unless otherwise required
by statute. Where a pleading is verified, it is not necessary
that subsequent pleadings be verified unless otherwise required
by statute.
2. The signature of a party, the party’s legal counsel, or
any other person representing the party, to a motion, pleading,
or other paper is a certificate that:
1. a. The person has read the motion, pleading, or other
paper.
2. b. To the best of the person’s knowledge, information,
and belief, formed after reasonable inquiry, it is grounded in
fact and is warranted by existing law or a good faith argument
for the extension, modification, or reversal of existing law.
-94-
HF 417 (4) 85
lh/rj/md 94/ 143

H.F. 417
3. c. It is not interposed for any improper purpose, such
as to harass or cause an unnecessary delay or needless increase
in the cost of litigation.
3. If a motion, pleading, or other paper is not signed,
it shall be stricken unless it is signed promptly after the
omission is called to the attention of the pleader or movant.
4. If a motion, pleading, or other paper is signed in
violation of this section , the court, upon motion or upon its
own initiative, shall impose upon the person signing, the
represented party, or both, an appropriate sanction, which may
include an order to pay the other party or parties the amount
of the reasonable expenses incurred because of the filing of
the motion, pleading, or other paper, including a reasonable
attorney fee.
Sec. 187. Section 625A.9, subsection 2, paragraph a, Code
2013, is amended to read as follows:
a. (1) Except as provided in paragraph “b” , if the judgment
or order appealed from is for money, such bond shall not exceed
one hundred ten percent of the amount of the money judgment.
(2) The court may set a bond in an amount in excess of
one hundred ten percent of the amount of the money judgment
upon making specific findings justifying such an amount, and
in doing so, shall consider, but shall not be limited to
consideration of, the following criteria:
(1) (a) The availability and cost of the bond or other form
of adequate security.
(2) (b) The assets of the judgment debtor and of the
judgment debtor’s insurer or indemnitor, if any.
(3) (c) The potential adverse effects of the bond on the
judgment debtor, including, but not limited to, the potential
adverse effects on the judgment debtor’s employees, financial
stability, and business operations.
(4) (d) The potential adverse effects of the bond on the
judgment creditor and third parties, including public entities.
(5) (e) In a class action suit, the adequacy of the bond to
-95-
HF 417 (4) 85
lh/rj/md 95/ 143

H.F. 417
compensate all members of the class.
Sec. 188. Section 627.6, subsection 6, Code 2013, is amended
to read as follows:
6. The interest of an individual in any accrued dividend
or interest, loan or cash surrender value of, or any other
interest in a life insurance policy owned by the individual
if the beneficiary of the policy is the individual’s spouse,
child, or dependent. However, the amount of the exemption
shall not exceed ten thousand dollars in the aggregate of any
interest or value in insurance acquired within two years of
the date execution is issued or exemptions are claimed, or
for additions within the same time period to a prior existing
policy which additions are in excess of the amount necessary to
fund the amount of face value coverage of the policies for the
two-year period. For purposes of this unnumbered paragraph,
acquisitions shall not include such interest in new policies
used to replace prior policies to the extent of any accrued
dividend or interest, loan or cash surrender value of, or any
other interest in the prior policies at the time of their
cancellation.
a. In the absence of a written agreement or assignment to
the contrary, upon the death of the insured any benefit payable
to the spouse, child, or dependent of the individual under a
life insurance policy shall inure to the separate use of the
beneficiary independently of the insured’s creditors.
b. A benefit or indemnity paid under an accident, health, or
disability insurance policy is exempt to the insured or in case
of the insured’s death to the spouse, child, or dependent of
the insured, from the insured’s debts.
c. In case of an insured’s death the avails of all matured
policies of life, accident, health, or disability insurance
payable to the surviving spouse, child, or dependent are exempt
from liability for all debts of the beneficiary contracted
prior to death of the insured, but the amount thus exempted
shall not exceed fifteen thousand dollars in the aggregate.
-96-
HF 417 (4) 85
lh/rj/md 96/ 143

H.F. 417
Sec. 189. Section 627.6, subsection 8, paragraph f, Code
2013, is amended to read as follows:
f. (1) Contributions and assets, including the accumulated
earnings and market increases in value, in any of the plans or
contracts as follows:
(1) (a) All transfers, in any amount, from a trust forming
part of a stock, bonus, pension, or profit-sharing plan of an
employer defined in section 401(a) of the Internal Revenue Code
and of which the trust assets are exempt from taxation under
section 501(a) of the Internal Revenue Code and covered by
the Employee Retirement Income Security Act of 1974 (ERISA),
as codified at 29 U.S.C. § 1001 et seq., to either of the
following:
(a) (i) A succeeding trust authorized under federal law on
or after April 25, 2001.
(b) (ii) An individual retirement account or individual
retirement annuity established under section 408(d)(3) of the
Internal Revenue Code, from which the total value, including
accumulated earnings and market increases in value, may be
contributed to a succeeding trust authorized under federal law
on or after April 25, 2001. For purposes of this subparagraph
division , transfers, in any amount, from an individual
retirement account or individual retirement annuity established
under section 408(d)(3) of the Internal Revenue Code to an
individual retirement account or individual retirement annuity
established under section 408(d)(3) of the Internal Revenue
Code, or an individual retirement account established under
section 408(a) of the Internal Revenue Code, or an individual
retirement annuity established under section 408(b) of the
Internal Revenue Code, or a Roth individual retirement account,
or a Roth individual retirement annuity established under
section 408A of the Internal Revenue Code are exempt.
(2) (b) (i) All transfers, in any amount, from an
eligible retirement plan to an individual retirement account,
an individual retirement annuity, a Roth individual retirement
-97-
HF 417 (4) 85
lh/rj/md 97/ 143

H.F. 417
account, or a Roth individual retirement annuity established
under section 408A of the Internal Revenue Code shall be exempt
from execution and from the claims of creditors.
(ii) As used in this subparagraph division , “eligible
retirement plan” means the funds or assets in any retirement
plan established under state or federal law that meet all of
the following requirements:
(a) (A) Can be transferred to an individual retirement
account or individual retirement annuity established under
sections 408(a) and 408(b) of the Internal Revenue Code or Roth
individual retirement accounts and Roth individual retirement
annuities established under section 408A of the Internal
Revenue Code.
(b) (B) Are either exempt from execution under state or
federal law or are excluded from a bankruptcy estate under 11
U.S.C. § 541(c)(2) et seq.
(3) (c) Retirement plans established pursuant to qualified
domestic relations orders, as defined in 26 U.S.C. § 414.
However, nothing in this section shall be construed as making
any retirement plan exempt from the claims of the beneficiary
of a qualified domestic relations order or from claims for
child support or alimony.
(4) (d) For simplified employee pension plans,
self-employed pension plans (also known as Keogh plans or
H.R. 10 plans), individual retirement accounts established
under section 408(a) of the Internal Revenue Code, individual
retirement annuities established under section 408(b) of the
Internal Revenue Code, savings incentive matched plans for
employees, salary reduction simplified employee pension plans
(also known as SARSEPs), and similar plans for retirement
investments authorized in the future under federal law, the
exemption for contributions shall not exceed, for each tax
year of contributions, the actual amount of the contribution
deducted on the debtor’s tax return or the maximum amount
which could be contributed to an individual retirement account
-98-
HF 417 (4) 85
lh/rj/md 98/ 143

H.F. 417
established under section 408(a) of the Internal Revenue Code
and deducted in the tax year of the contribution, whichever
is less. The exemption for accumulated earnings and market
increases in value of plans under this subparagraph division
shall be limited to an amount determined by multiplying all
the accumulated earnings and market increases in value by a
fraction, the numerator of which is the total amount of exempt
contributions as determined by this subparagraph division , and
the denominator of which is the total of exempt and nonexempt
contributions to the plan.
(5) (e) For Roth individual retirement accounts and Roth
individual retirement annuities established under section 408A
of the Internal Revenue Code and similar plans for retirement
investments authorized in the future under federal law, the
exemption for contributions shall not exceed, for each tax year
of contributions, the actual amount of the contribution or the
maximum amount which federal law allows to be contributed to
such plans. The exemption for accumulated earnings and market
increases in value of plans under this subparagraph division
shall be limited to an amount determined by multiplying all of
the accumulated earnings and market increases in value by a
fraction, the numerator of which is the total amount of exempt
contributions as determined by this subparagraph division , and
the denominator of which is the total of exempt and nonexempt
contributions to the plan.
(6) (f) For all contributions to plans described in
subparagraphs (4) subparagraph divisions (d) and (5) (e) , the
maximum contribution in each of the two tax years preceding
the claim of exemption or filing of a bankruptcy shall be
limited to the maximum deductible contribution to an individual
retirement account established under section 408(a) of the
Internal Revenue Code, regardless of which plan for retirement
investment has been chosen by the debtor.
(7) (g) Exempt assets transferred from any individual
retirement account, individual retirement annuity, Roth
-99-
HF 417 (4) 85
lh/rj/md 99/ 143

H.F. 417
individual retirement account, or Roth individual retirement
annuity to any other individual retirement account, individual
retirement annuity, Roth individual retirement annuity,
or Roth individual retirement account established under
section 408A of the Internal Revenue Code shall continue
to be exempt regardless of the number of times transferred
between individual retirement accounts, individual retirement
annuities, Roth individual retirement annuities, or Roth
individual retirement accounts.
(2) For purposes of this paragraph “f” , “market increases in
value” shall include, but shall not be limited to, dividends,
stock splits, interest, and appreciation. “Contributions” means
contributions by the debtor and by the debtor’s employer.
Sec. 190. Section 633.197, Code 2013, is amended to read as
follows:
633.197 Compensation.
1. Personal representatives shall be allowed such
reasonable fees as may be determined by the court for services
rendered, but not in excess of the following commissions upon
the gross assets of the estate listed in the probate inventory,
which shall be received as full compensation for all ordinary
services:
a. For the first one thousand dollars, six percent ; .
b. For the overplus between one and five thousand dollars,
four percent ; .
c. For all sums over five thousand dollars, two percent.
2. For purposes of this section , the gross assets of the
estate shall not include life insurance proceeds, unless
payable to the decedent’s estate.
Sec. 191. Section 633.228, Code 2013, is amended to read as
follows:
633.228 Time allowed.
1. To file such petition, there shall be allowed, commencing
with the death of the decedent:
1. a. To the surviving spouse, a period of twenty days ; .
-100-
HF 417 (4) 85
lh/rj/md 100/ 143

H.F. 417
2. b. To each other class in succession, a period of ten
days.
2. The period allowed each class shall be advanced to the
period allowed the preceding class if there is no member of
such preceding class. Any member of any class may file such
petition after the expiration of the period allowed to the
member if letters have not been issued prior thereto.
Sec. 192. Section 633.290, Code 2013, is amended to read as
follows:
633.290 Petition for probate of will.
1. At the time the will of a decedent is filed with the
clerk, or thereafter, any interested person may file a verified
petition in the district court of the proper county:
1. a. To have the will admitted to probate ; .
2. b. For the appointment of the executor.
2. A petition for probate may be combined with a petition
for appointment of the executor, and any person interested
in either the probate of a will or in the appointment of the
executor, may petition for both.
Sec. 193. Section 633A.3107, subsection 2, unnumbered
paragraph 2, Code 2013, is amended to read as follows:
3. For the purposes of this section , “relative of the
settlor’s spouse” means a person who is related to the divorced
settlor’s former spouse by blood, adoption, or affinity, and
who, subsequent to the divorce or dissolution of marriage,
ceased to be related to the settlor by blood, adoption, or
affinity.
Sec. 194. Section 654.12A, Code 2013, is amended to read as
follows:
654.12A Priority of advances under mortgages.
1. Subject to section 572.18 , if a prior recorded mortgage
contains the notice prescribed in this section and identifies
the maximum credit available to the borrower, then loans and
advances made under the mortgage, up to the maximum amount
of credit together with interest thereon, are senior to
-101-
HF 417 (4) 85
lh/rj/md 101/ 143

H.F. 417
indebtedness to other creditors under subsequently recorded
mortgages and other subsequently recorded or filed liens even
though the holder of the prior recorded mortgage has actual
notice of indebtedness under a subsequently recorded mortgage
or other subsequently recorded or filed lien. So long as
credit is available to the borrower, payment of the outstanding
mortgage balance to zero shall not extinguish the prior
recorded mortgage if it contains the notice prescribed by this
section . The notice prescribed by this section for the prior
recorded mortgage is as follows:
NOTICE: This mortgage secures credit in the amount of
...... . Loans and advances up to this amount, together with
interest, are senior to indebtedness to other creditors under
subsequently recorded or filed mortgages and liens.
2. However, the priority of a prior recorded mortgage
under this section does not apply to loans or advances made
after receipt of notice of foreclosure or action to enforce a
subsequently recorded mortgage or other subsequently recorded
or filed lien.
Sec. 195. Section 654.20, Code 2013, is amended to read as
follows:
654.20 Foreclosure without redemption —— nonagricultural
land.
1. If the mortgaged property is not used for an agricultural
purpose as defined in section 535.13 , the plaintiff in an
action to foreclose a real estate mortgage may include in the
petition an election for foreclosure without redemption. The
election is effective only if the first page of the petition
contains the following notice in capital letters of the same
type or print size as the rest of the petition:
NOTICE
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.
THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR
PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT
A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN
-102-
HF 417 (4) 85
lh/rj/md 102/ 143

H.F. 417
DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (or
SIX MONTHS if the petition includes a waiver of deficiency
judgment) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY
IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING
OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED
PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A
ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF
REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE
ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY.
YOU MAY PURCHASE AT THE SALE.
2. If the plaintiff has not included in the petition a
waiver of deficiency judgment, then the notice shall include
the following:
IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF
THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY
OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE
ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY
THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU
IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE
INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND
COSTS.
IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A
ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT
MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN
DEMAND TO DELAY THE SALE.
3. If the election for foreclosure without redemption is
made, then sections 654.21 through 654.26 apply.
Sec. 196. Section 670.4, Code 2013, is amended to read as
follows:
670.4 Claims exempted.
1. The liability imposed by section 670.2 shall have no
application to any claim enumerated in this section . As to any
such claim, 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
-103-
HF 417 (4) 85
lh/rj/md 103/ 143

H.F. 417
municipality shall be immune from liability.
1. a. Any claim by an employee of the municipality which is
covered by the Iowa workers’ compensation law.
2. b. Any claim in connection with the assessment or
collection of taxes.
3. c. Any claim based upon an act or omission of an officer
or employee of the municipality, exercising due care, in the
execution of a statute, ordinance, or regulation whether the
statute, ordinance or regulation is valid, or based upon the
exercise or performance or the failure to exercise or perform a
discretionary function or duty on the part of the municipality
or an officer or employee of the municipality, whether or not
the discretion is abused.
4. d. Any claim against a municipality as to which the
municipality is immune from liability by the provisions of any
other statute or where the action based upon such claim has
been barred or abated by operation of statute or rule of civil
procedure.
5. e. Any claim for punitive damages.
6. f. Any claim for damages caused by a municipality’s
failure to discover a latent defect in the course of an
inspection.
7. g. Any claim based upon or arising out of a claim
of negligent design or specification, negligent adoption
of design or specification, or negligent construction or
reconstruction of a highway, secondary road, or street as
defined in section 321.1, subsection 78 , that was constructed
or reconstructed in accordance with a generally recognized
engineering or safety standard, criteria, or design theory in
existence at the time of the construction or reconstruction. A
claim under this chapter shall not be allowed for failure to
upgrade, improve, or alter any aspect of an existing highway,
secondary road, or street, to new, changed, or altered design
standards. In respect to highways and roads, sealcoating,
asphalting, patching, resurfacing, ditching, draining,
-104-
HF 417 (4) 85
lh/rj/md 104/ 143

H.F. 417
repairing, graveling, rocking, blading, or maintaining an
existing highway or road does not constitute reconstruction.
This subsection paragraph shall not apply to claims based upon
gross negligence.
8. h. Any claim based upon or arising out of a claim of
negligent design or specification, negligent adoption of design
or specification, or negligent construction or reconstruction
of a public improvement as defined in section 384.37,
subsection 19 , or other public facility that was constructed
or reconstructed in accordance with a generally recognized
engineering or safety standard, criteria, or design theory in
existence at the time of the construction or reconstruction. A
claim under this chapter shall not be allowed for failure to
upgrade, improve, or alter any aspect of an existing public
improvement or other public facility to new, changed, or
altered design standards. This subsection paragraph shall not
apply to claims based upon gross negligence. This subsection
paragraph takes effect July 1, 1984, and applies to all cases
tried or retried on or after July 1, 1984.
9. i. Any claim based upon an act or omission by an officer
or employee of the municipality or the municipality’s governing
body, in the granting, suspension, or revocation of a license
or permit, where the damage was caused by the person to whom
the license or permit was issued, unless the act of the officer
or employee constitutes actual malice or a criminal offense.
10. j. Any claim based upon an act or omission of an
officer or employee of the municipality, whether by issuance of
permit, inspection, investigation, or otherwise, and whether
the statute, ordinance, or regulation is valid, if the damage
was caused by a third party, event, or property not under the
supervision or control of the municipality, unless the act or
omission of the officer or employee constitutes actual malice
or a criminal offense.
11. k. A claim based upon or arising out of an act or
omission in connection with an emergency response including but
-105-
HF 417 (4) 85
lh/rj/md 105/ 143

H.F. 417
not limited to acts or omissions in connection with emergency
response communications services.
12. l. A claim relating to a swimming pool or spa as
defined in section 135I.1 which has been inspected by a
municipality or the state in accordance with chapter 135I ,
or a swimming pool or spa inspection program which has been
certified by the state in accordance with that chapter, whether
or not owned or operated by a municipality, unless the claim is
based upon an act or omission of an officer or employee of the
municipality and the act or omission constitutes actual malice
or a criminal offense.
13. m. A claim based on an act or omission by a county or
city pursuant to section 717.2A or chapter 717B relating to
either of the following:
a. (1) Rescuing neglected livestock or another animal by a
law enforcement officer.
b. (2) Maintaining or disposing of neglected livestock or
another animal by a county or city.
14. n. Any claim based upon or arising out of a claim of
negligent design or specification, negligent adoption of design
or specification, or negligent construction or reconstruction
of a public facility designed for purposes of skateboarding,
in-line skating, bicycling, unicycling, scootering, river
rafting, canoeing, or kayaking that was constructed or
reconstructed, reasonably and in good faith, in accordance
with generally recognized engineering or safety standards or
design theories in existence at the time of the construction
or reconstruction.
15. o. Any claim based upon or arising out of an act or
omission of an officer or employee of the municipality or
the municipality’s governing body by a person skateboarding,
in-line skating, bicycling, unicycling, scootering, river
rafting, canoeing, or kayaking on public property when
the person knew or reasonably should have known that the
skateboarding, in-line skating, bicycling, unicycling,
-106-
HF 417 (4) 85
lh/rj/md 106/ 143

H.F. 417
scootering, river rafting, canoeing, or kayaking created a
substantial risk of injury to the person and was voluntarily
in the place of risk. The exemption from liability contained
in this subsection paragraph shall only apply to claims for
injuries or damage resulting from the risks inherent in the
activities of skateboarding, in-line skating, bicycling,
unicycling, scootering, river rafting, canoeing, or kayaking.
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.
3. This section does not expand any existing cause of action
or create any new cause of action against a municipality.
Sec. 197. Section 704.2, Code 2013, is amended to read as
follows:
704.2 Deadly force.
1. The term “deadly force” means any of the following:
1. a. Force used for the purpose of causing serious injury.
2. b. Force which the actor knows or reasonably should
know will create a strong probability that serious injury will
result.
3. c. The discharge of a firearm, other than a firearm
loaded with less lethal munitions and discharged by a peace
officer, corrections officer, or corrections official in
the line of duty, in the direction of some person with the
knowledge of the person’s presence there, even though no intent
to inflict serious physical injury can be shown.
4. d. The discharge of a firearm, other than a firearm
loaded with less lethal munitions and discharged by a peace
officer, corrections officer, or corrections official in the
line of duty, at a vehicle in which a person is known to be.
2. As used in this section , “less lethal munitions”
means projectiles which are designed to stun, temporarily
incapacitate, or cause temporary discomfort to a person without
-107-
HF 417 (4) 85
lh/rj/md 107/ 143

H.F. 417
penetrating the person’s body.
Sec. 198. Section 706.3, Code 2013, is amended to read as
follows:
706.3 Penalties.
1. A person who commits a conspiracy to commit a forcible
felony is guilty of a class “C” felony.
2. A person who commits a conspiracy to commit a felony,
other than a forcible felony, is guilty of a class “D” felony.
3. A person who commits a conspiracy to commit a misdemeanor
is guilty of a misdemeanor of the same class.
Sec. 199. Section 707.2, Code 2013, is amended to read as
follows:
707.2 Murder in the first degree.
1. A person commits murder in the first degree when the
person commits murder under any of the following circumstances:
1. a. The person willfully, deliberately, and with
premeditation kills another person.
2. b. The person kills another person while participating
in a forcible felony.
3. c. The person kills another person while escaping or
attempting to escape from lawful custody.
4. d. The person intentionally kills a peace officer,
correctional officer, public employee, or hostage while the
person is imprisoned in a correctional institution under the
jurisdiction of the Iowa department of corrections, or in a
city or county jail.
5. e. The person kills a child while committing child
endangerment under section 726.6, subsection 1 , paragraph “b” ,
or while committing assault under section 708.1 upon the child,
and the death occurs under circumstances manifesting an extreme
indifference to human life.
6. f. The person kills another person while participating
in an act of terrorism as defined in section 708A.1 .
2. Murder in the first degree is a class “A” felony.
3. For purposes of determining whether a person should
-108-
HF 417 (4) 85
lh/rj/md 108/ 143

H.F. 417
register as a sex offender pursuant to the provisions of
chapter 692A , the fact finder shall make a determination as
provided in section 692A.126 .
Sec. 200. Section 707.3, Code 2013, is amended to read as
follows:
707.3 Murder in the second degree.
1. A person commits murder in the second degree when the
person commits murder which is not murder in the first degree.
2. Murder in the second degree is a class “B” felony.
However, notwithstanding section 902.9, subsection 2 1,
paragraph “b” , the maximum sentence for a person convicted under
this section shall be a period of confinement of not more than
fifty years.
3. For purposes of determining whether a person should
register as a sex offender pursuant to the provisions of
chapter 692A , the fact finder shall make a determination as
provided in section 692A.126 .
Sec. 201. Section 709.4, Code 2013, is amended to read as
follows:
709.4 Sexual abuse in the third degree.
1. A person commits sexual abuse in the third degree when
the person performs a sex act under any of the following
circumstances:
1. a. The act is done by force or against the will of the
other person, whether or not the other person is the person’s
spouse or is cohabiting with the person.
2. b. The act is between persons who are not at the time
cohabiting as husband and wife and if any of the following are
true:
a. (1) The other person is suffering from a mental defect
or incapacity which precludes giving consent.
b. (2) The other person is twelve or thirteen years of age.
c. (3) The other person is fourteen or fifteen years of age
and any of the following are true:
(1) (a) The person is a member of the same household as the
-109-
HF 417 (4) 85
lh/rj/md 109/ 143

H.F. 417
other person.
(2) (b) The person is related to the other person by blood
or affinity to the fourth degree.
(3) (c) The person is in a position of authority over the
other person and uses that authority to coerce the other person
to submit.
(4) (d) The person is four or more years older than the
other person.
3. c. The act is performed while the other person is under
the influence of a controlled substance, which may include but
is not limited to flunitrazepam, and all of the following are
true:
a. (1) The controlled substance, which may include but is
not limited to flunitrazepam, prevents the other person from
consenting to the act.
b. (2) The person performing the act knows or reasonably
should have known that the other person was under the influence
of the controlled substance, which may include but is not
limited to flunitrazepam.
4. d. The act is performed while the other person is
mentally incapacitated, physically incapacitated, or physically
helpless.
2. Sexual abuse in the third degree is a class “C” felony.
Sec. 202. Section 709.8, Code 2013, is amended to read as
follows:
709.8 Lascivious acts with a child.
1. It is unlawful for any person sixteen years of age or
older to perform any of the following acts with a child with
or without the child’s consent unless married to each other,
for the purpose of arousing or satisfying the sexual desires
of either of them:
1. a. Fondle or touch the pubes or genitals of a child.
2. b. Permit or cause a child to fondle or touch the
person’s genitals or pubes.
3. c. Solicit a child to engage in a sex act or solicit a
-110-
HF 417 (4) 85
lh/rj/md 110/ 143

H.F. 417
person to arrange a sex act with a child.
4. d. Inflict pain or discomfort upon a child or permit a
child to inflict pain or discomfort on the person.
2. a. Any person who violates a provision of this section
involving an act included in subsection 1 , paragraph “a” or 2
“b” , shall, upon conviction, be guilty of a class “C” felony.
b. Any person who violates a provision of this section
involving an act included in subsection 3 1, paragraph “c” or 4
“d” , shall, upon conviction, be guilty of a class “D” felony.
Sec. 203. Section 709.12, Code 2013, is amended to read as
follows:
709.12 Indecent contact with a child.
1. A person eighteen years of age or older is upon
conviction guilty of an aggravated misdemeanor if the person
commits any of the following acts with a child, not the
person’s spouse, with or without the child’s consent, for the
purpose of arousing or satisfying the sexual desires of either
of them:
1. a. Fondle or touch the inner thigh, groin, buttock,
anus, or breast of the child.
2. b. Touch the clothing covering the immediate area of the
inner thigh, groin, buttock, anus, or breast of the child.
3. c. Solicit or permit a child to fondle or touch the
inner thigh, groin, buttock, anus, or breast of the person.
4. d. Solicit a child to engage in any act prohibited under
section 709.8, subsection 1, 2 paragraph “a” , “b” , or 4 “d” .
2. The provisions of this section shall also apply to a
person sixteen or seventeen years of age who commits any of the
enumerated acts with a child who is at least five years the
person’s junior, in which case the juvenile court shall have
jurisdiction under chapter 232 .
Sec. 204. Section 709.16, subsection 2, Code 2013, is
amended to read as follows:
2. a. An officer, employee, contractor, vendor, volunteer,
or agent of a juvenile placement facility who engages in a
-111-
HF 417 (4) 85
lh/rj/md 111/ 143

H.F. 417
sex act with a juvenile placed at such facility commits an
aggravated misdemeanor.
b. For purposes of this subsection , a “juvenile placement
facility” means any of the following:
a. (1) A child foster care facility licensed under section
237.4 .
b. (2) Institutions controlled by the department of human
services listed in section 218.1 .
c. (3) Juvenile detention and juvenile shelter care homes
approved under section 232.142 .
d. (4) Psychiatric medical institutions for children
licensed under chapter 135H .
e. (5) Substance abuse facilities as defined in section
125.2 .
Sec. 205. Section 711.1, Code 2013, is amended to read as
follows:
711.1 Robbery defined.
1. A person commits a robbery when, having the intent to
commit a theft, the person does any of the following acts to
assist or further the commission of the intended theft or the
person’s escape from the scene thereof with or without the
stolen property:
1. a. Commits an assault upon another.
2. b. Threatens another with or purposely puts another in
fear of immediate serious injury.
3. c. Threatens to commit immediately any forcible felony.
2. It is immaterial to the question of guilt or innocence of
robbery that property was or was not actually stolen.
Sec. 206. Section 714.1, subsection 6, Code 2013, is amended
to read as follows:
6. Makes, utters, draws, delivers, or gives any check,
share draft, draft, or written order on any bank, credit
union, person, or corporation, and obtains property, the use
of property, including rental property, or service in exchange
for such instrument, if the person knows that such check, share
-112-
HF 417 (4) 85
lh/rj/md 112/ 143

H.F. 417
draft, draft, or written order will not be paid when presented.
a. Whenever the drawee of such instrument has refused
payment because of insufficient funds, and the maker has not
paid the holder of the instrument the amount due thereon within
ten days of the maker’s receipt of notice from the holder that
payment has been refused by the drawee, the court or jury may
infer from such facts that the maker knew that the instrument
would not be paid on presentation. Notice of refusal of
payment shall be by certified mail, or by personal service in
the manner prescribed for serving original notices.
b. Whenever the drawee of such instrument has refused
payment because the maker has no account with the drawee, the
court or jury may infer from such fact that the maker knew that
the instrument would not be paid on presentation.
Sec. 207. Section 714.10, Code 2013, is amended to read as
follows:
714.10 Fraudulent practice in the second degree.
1. Fraudulent practice in the second degree is the
following:
1. a. A fraudulent practice where the amount of money or
value of property or services involved exceeds one thousand
dollars but does not exceed ten thousand dollars.
2. b. A fraudulent practice where the amount of money or
value of property or services involved does not exceed one
thousand dollars by one who has been convicted of a fraudulent
practice twice before.
2. Fraudulent practice in the second degree is a class “D”
felony.
Sec. 208. Section 714.11, Code 2013, is amended to read as
follows:
714.11 Fraudulent practice in the third degree.
1. Fraudulent practice in the third degree is the following:
1. a. A fraudulent practice where the amount of money or
value of property or service involved exceeds five hundred
dollars but does not exceed one thousand dollars.
-113-
HF 417 (4) 85
lh/rj/md 113/ 143

H.F. 417
2. b. A fraudulent practice as set forth in section 714.8 ,
subsections 2, 8 , and 9 .
3. c. A fraudulent practice where it is not possible to
determine an amount of money or value of property and service
involved.
2. Fraudulent practice in the third degree is an aggravated
misdemeanor.
Sec. 209. Section 714.16B, Code 2013, is amended to read as
follows:
714.16B Identity theft —— civil cause of action.
1. In addition to any other remedies provided by law, a
person as defined under section 714.16, subsection 1 , suffering
a pecuniary loss as a result of an identity theft by another
person under section 715A.8 , or a financial institution on
behalf of an account holder suffering a pecuniary loss as a
result of an identity theft by another person under section
715A.8 , may bring an action against such other person to
recover all of the following:
1. a. Five thousand dollars or three times the actual
damages, whichever is greater.
2. b. Reasonable costs incurred due to the violation of
section 715A.8 , including all of the following:
a. (1) Costs for repairing the victim’s credit history or
credit rating.
b. (2) Costs incurred for bringing a civil or
administrative proceeding to satisfy a debt, lien, judgment, or
other obligation of the victim.
c. (3) Punitive damages, attorney fees, and court costs.
2. For purposes of this section , “financial institution”
means the same as defined in section 527.2 , and includes an
insurer organized under Title XIII, subtitle 1 , of this Code,
or under the laws of any other state or the United States.
Sec. 210. Section 714.26, subsection 2, paragraphs a and b,
Code 2013, are amended to read as follows:
a. (1) A person commits intellectual property
-114-
HF 417 (4) 85
lh/rj/md 114/ 143

H.F. 417
counterfeiting in the first degree if any of the following
apply:
(1) (a) The person is manufacturing or producing an item
bearing or identified by a counterfeit mark.
(2) (b) The offense involves more than one thousand items
bearing or identified by a counterfeit mark or the total retail
value of such items is equal to or greater than ten thousand
dollars.
(3) (c) The offense is a third or subsequent violation of
this section .
(2) Intellectual property counterfeiting in the first
degree is a class “C” felony.
b. (1) A person commits intellectual property
counterfeiting in the second degree if any of the following
apply:
(1) (a) The offense involves more than one hundred items
but does not involve more than one thousand items bearing or
identified by a counterfeit mark or the total retail value of
such items is equal to or greater than one thousand dollars but
less than ten thousand dollars.
(2) (b) The offense is a second violation of this section .
(2) Intellectual property counterfeiting in the second
degree is a class “D” felony.
Sec. 211. Section 715A.6, subsection 1, Code 2013, is
amended to read as follows:
1. a. A person commits a public offense by using a credit
card for the purpose of obtaining property or services with
knowledge of any of the following:
a. (1) The credit card is stolen or forged.
b. (2) The credit card has been revoked or canceled.
c. (3) For any other reason the use of the credit card is
unauthorized.
b. It is an affirmative defense to prosecution under
paragraph “c” “a” , subparagraph (3), if the person proves by a
preponderance of the evidence that the person had the intent
-115-
HF 417 (4) 85
lh/rj/md 115/ 143

H.F. 417
and ability to meet all obligations to the issuer arising out
of the use of the credit card.
Sec. 212. Section 717A.2, subsection 1, paragraph c, Code
2013, is amended to read as follows:
c. (1) Enter onto or into an animal facility, or remain
on or in an animal facility, if the person has notice that the
facility is not open to the public, if the person has an intent
to do one of the following:
(1) (a) Disrupt operations conducted at the animal
facility, if the operations directly relate to agricultural
production, animal maintenance, educational or scientific
purposes, or veterinary care.
(2) (b) Kill or injure an animal maintained at the animal
facility.
(2) A person has notice that an animal facility is not
open to the public if the person is provided notice before
entering onto or into the facility, or the person refuses to
immediately depart from the facility after being informed to
leave. The notice may be in the form of a written or verbal
communication by the owner, a fence or other enclosure designed
to exclude intruders or contain animals, or a sign posted which
is reasonably likely to come to the attention of an intruder
and which indicates that entry is forbidden.
Sec. 213. Section 717A.3, subsection 1, paragraph c, Code
2013, is amended to read as follows:
c. (1) Enter onto or remain on crop operation property
if the person has notice that the property is not open to
the public, and the person has an intent to do one of the
following:
(1) (a) Disrupt agricultural production conducted on the
crop operation property if the agricultural production directly
relates to the maintenance of crops. A person is presumed to
intend disruption if the person moves, removes, or defaces any
sign posted on the crop operation property or label used by the
owner and the sign or label identifies a crop maintained on the
-116-
HF 417 (4) 85
lh/rj/md 116/ 143

H.F. 417
crop operation property.
(2) (b) Destroy or damage a crop or any portion of a crop
maintained on the crop operation property.
(2) A person has notice that a crop operation property
is not open to the public if the person is provided notice
prohibiting entry before the person enters onto the crop
operation property, or the person refuses to immediately
depart from the crop operation property after being notified
to leave. The notice may be in the form of a written or verbal
communication by the owner, a fence or other enclosure designed
to exclude intruders, or a sign posted which is reasonably
likely to come to the attention of an intruder and which
indicates that entry is prohibited.
Sec. 214. Section 730.4, subsection 5, Code 2013, is amended
to read as follows:
5. a. This section may be enforced through a civil action.
a. (1) A person who violates this section or who aids
in the violation of this section is liable to an aggrieved
employee or applicant for employment for affirmative relief
including reinstatement or hiring, with or without back pay,
or any other equitable relief as the court deems appropriate
including attorney fees and court costs.
b. (2) When a person commits, is committing, or proposes to
commit, an act in violation of this section , an injunction may
be granted through an action in district court to prohibit the
person from continuing such acts. The action for injunctive
relief may be brought by an aggrieved employee or applicant for
employment, the county attorney, or the attorney general.
b. A person who in good faith brings an action under
this subsection alleging that an employer has required or
requested a polygraph examination in violation of this section
shall establish that sufficient evidence exists upon which a
reasonable person could find that a violation has occurred.
Upon proof that sufficient evidence exists upon which a finding
could be made that a violation has occurred as required under
-117-
HF 417 (4) 85
lh/rj/md 117/ 143

H.F. 417
this paragraph, the employer has the burden of proving that the
requirements of this section were met.
Sec. 215. Section 730.5, subsection 9, paragraph g, Code
2013, is amended to read as follows:
g. (1) Upon receipt of a confirmed positive alcohol test
which indicates an alcohol concentration greater than the
concentration level established by the employer pursuant to
this section , and if the employer has at least fifty employees,
and if the employee has been employed by the employer for
at least twelve of the preceding eighteen months, and if
rehabilitation is agreed upon by the employee, and if the
employee has not previously violated the employer’s substance
abuse prevention policy pursuant to this section , the written
policy shall provide for the rehabilitation of the employee
pursuant to subsection 10 , paragraph “a” , subparagraph (1), and
the apportionment of the costs of rehabilitation as provided
by this paragraph “g” .
(1) (a) If the employer has an employee benefit plan, the
costs of rehabilitation shall be apportioned as provided under
the employee benefit plan.
(2) (b) If no employee benefit plan exists and the employee
has coverage for any portion of the costs of rehabilitation
under any health care plan of the employee, the costs of
rehabilitation shall be apportioned as provided by the health
care plan with any costs not covered by the plan apportioned
equally between the employee and the employer. However, the
employer shall not be required to pay more than two thousand
dollars toward the costs not covered by the employee’s health
care plan.
(3) (c) If no employee benefit plan exists and the
employee does not have coverage for any portion of the costs of
rehabilitation under any health care plan of the employee, the
costs of rehabilitation shall be apportioned equally between
the employee and the employer. However, the employer shall not
be required to pay more than two thousand dollars towards the
-118-
HF 417 (4) 85
lh/rj/md 118/ 143

H.F. 417
cost of rehabilitation under this subparagraph division .
(2) Rehabilitation required pursuant to this paragraph
“g ” shall not preclude an employer from taking any
adverse employment action against the employee during the
rehabilitation based on the employee’s failure to comply with
any requirements of the rehabilitation, including any action
by the employee to invalidate a test sample provided by the
employee pursuant to the rehabilitation.
Sec. 216. Section 730.5, subsection 13, paragraph d, Code
2013, is amended to read as follows:
d. (1) An employer may use and disclose information
concerning the results of a drug or alcohol test conducted
pursuant to this section under any of the following
circumstances:
(1) (a) In an arbitration proceeding pursuant to a
collective bargaining agreement, or an administrative agency
proceeding or judicial proceeding under workers’ compensation
laws or unemployment compensation laws or under common or
statutory laws where action taken by the employer based on the
test is relevant or is challenged.
(2) (b) To any federal agency or other unit of the federal
government as required under federal law, regulation or order,
or in accordance with compliance requirements of a federal
government contract.
(3) (c) To any agency of this state authorized to license
individuals if the employee tested is licensed by that agency
and the rules of that agency require such disclosure.
(4) (d) To a union representing the employee if such
disclosure would be required by federal labor laws.
(5) (e) To a substance abuse evaluation or treatment
facility or professional for the purpose of evaluation or
treatment of the employee.
(2) However, positive test results from an employer drug or
alcohol testing program shall not be used as evidence in any
criminal action against the employee or prospective employee
-119-
HF 417 (4) 85
lh/rj/md 119/ 143

H.F. 417
tested.
Sec. 217. Section 730.5, subsection 15, Code 2013, is
amended to read as follows:
15. Civil remedies.
a. This section may be enforced through a civil action.
a. (1) A person who violates this section or who aids
in the violation of this section , is liable to an aggrieved
employee or prospective employee for affirmative relief
including reinstatement or hiring, with or without back pay,
or any other equitable relief as the court deems appropriate
including attorney fees and court costs.
b. (2) When a person commits, is committing, or proposes to
commit, an act in violation of this section , an injunction may
be granted through an action in district court to prohibit the
person from continuing such acts. The action for injunctive
relief may be brought by an aggrieved employee or prospective
employee, the county attorney, or the attorney general.
b. In an action brought under this subsection alleging that
an employer has required or requested a drug or alcohol test
in violation of this section , the employer has the burden of
proving that the requirements of this section were met.
Sec. 218. Section 804.22, Code 2013, is amended to read as
follows:
804.22 Initial appearance before magistrate —— arrest without
warrant.
1. When an arrest is made without a warrant, the person
arrested shall, without unnecessary delay, be taken before
the nearest or most accessible magistrate in the judicial
district in which such arrest was made or before a magistrate
in an approved judicial district, and the grounds on which the
arrest was made shall be stated to the magistrate by complaint,
subscribed and sworn to by the complainant, or supported by the
complainant’s affirmation, and such magistrate shall proceed
as follows:
1. a. If the magistrate believes from such complaint that
-120-
HF 417 (4) 85
lh/rj/md 120/ 143

H.F. 417
the offense charged is triable in the magistrate’s court, the
magistrate shall proceed with the case.
2. b. If the magistrate believes from such complaint that
the offense charged is triable in another court, the magistrate
shall by written order, commit the person arrested to a peace
officer, to be taken before the appropriate magistrate in the
district in which the offense is triable, and shall fix the
amount of bail or other conditions of release which the person
arrested may give for the person’s appearance at the other
court.
2. This section and the rules of criminal procedure do
not affect the provisions of chapter 805 authorizing the
release of a person on citation or bail prior to initial
appearance, unless the person is charged with manufacture,
delivery, possession with intent to manufacture or deliver, or
distribution of methamphetamine. The initial appearance of a
person so released shall be scheduled for a time not more than
thirty days after the date of release.
3. For purposes of this section , an “approved judicial
district” means, as to any particular arrest of a person made
without a warrant, any judicial district in this state in
which the chief judge of that judicial district and the chief
judge of the judicial district in which the arrest was made
have previously entered an order permitting a person arrested
without warrant to be taken to a magistrate from any judicial
district subject to the order.
Sec. 219. Section 804.30, Code 2013, is amended to read as
follows:
804.30 Strip searches.
1. A person arrested for a scheduled violation or a simple
misdemeanor shall not be subjected to a strip search unless
there is probable cause to believe the person is concealing a
weapon or contraband. A strip search pursuant to this section
shall not be conducted except under all of the following
conditions:
-121-
HF 417 (4) 85
lh/rj/md 121/ 143

H.F. 417
1. a. Written authorization of the supervisor on duty is
obtained.
2. b. A search warrant is obtained for the probing of any
body cavity other than the mouth, ears or nose.
3. c. A visual search or probing of any body cavity shall
be performed under sanitary conditions. A physical probe of
a body cavity other than the mouth, ears or nose shall be
performed only by a licensed physician unless voluntarily
waived in writing by the arrested person.
4. d. The search is conducted in a place where it cannot be
observed by persons not conducting the search.
5. e. The search is conducted by a person of the same sex
as the arrested person, unless conducted by a physician.
2. Subsequent to a strip search , a written report shall be
prepared which includes the written authorization required by
subsection 1 , paragraph “a” , the name of the person subjected
to the search, the names of the persons conducting the search,
the time, date and place of the search and, if required by
subsection 2 1 , paragraph “b” , a copy of the search warrant
authorizing the search. A copy of the report shall be provided
to the person searched.
Sec. 220. Section 805.16, subsection 3, Code 2013, is
amended to read as follows:
3. a. A person arrested pursuant to subsection 2 shall only
be arrested for the limited purpose of holding the person in
nonsecure custody in an area not intended for secure detention
while awaiting transfer to an appropriate juvenile facility
or to court, for booking, for implied consent testing, for
contacting and release to the person’s parents, or for other
administrative purposes.
b. For purposes of this subsection , “nonsecure custody”
means custody in an unlocked multipurpose area, such as a
lobby, office, or interrogation room which is not designed,
set aside, or used as a secure detention area, and the person
arrested is not physically secured during the period of custody
-122-
HF 417 (4) 85
lh/rj/md 122/ 143

H.F. 417
in the area, the person is physically accompanied by a peace
officer or a person employed by the facility where the person
arrested is being held, and the use of the area is limited to
providing nonsecure custody only long enough for the purposes
stated in the preceding paragraph “a” and not for a period of
time in excess of six hours without the oral or written order
of a judge or magistrate authorizing the detention. A judge
shall not extend the period of time in excess of six hours
beyond the initial six-hour period.
Sec. 221. Section 811.2, subsection 1, Code 2013, is amended
to read as follows:
1. Conditions for release of defendant.
a. All bailable defendants shall be ordered released from
custody pending judgment or entry of deferred judgment on their
personal recognizance, or upon the execution of an unsecured
appearance bond in an amount specified by the magistrate unless
the magistrate determines in the exercise of the magistrate’s
discretion, that such a release will not reasonably assure the
appearance of the defendant as required or that release will
jeopardize the personal safety of another person or persons.
When such determination is made, the magistrate shall, either
in lieu of or in addition to the above methods of release,
impose the first of the following conditions of release which
will reasonably assure the appearance of the person for trial
or deferral of judgment and the safety of other persons, or, if
no single condition gives that assurance, any combination of
the following conditions:
a. (1) Place the defendant in the custody of a designated
person or organization agreeing to supervise the defendant.
b. (2) Place restrictions on the travel, association or
place of abode of the defendant during the period of release.
c. (3) Require the execution of an appearance bond in a
specified amount and the deposit with the clerk of the district
court or a public officer designated under section 602.1211,
subsection 4 , in cash or other qualified security, of a sum not
-123-
HF 417 (4) 85
lh/rj/md 123/ 143

H.F. 417
to exceed ten percent of the amount of the bond, the deposit to
be returned to the person who deposited the specified amount
with the clerk upon the performance of the appearances as
required in section 811.6 .
d. (4) Require the execution of a bail bond with sufficient
surety, or the deposit of cash in lieu of bond. However,
except as provided in section 811.1 , bail initially given
remains valid until final disposition of the offense or entry
of an order deferring judgment. If the amount of bail is
deemed insufficient by the court before whom the offense is
pending, the court may order an increase of bail and the
defendant must provide the additional undertaking, written or
in cash, to secure release.
e. (5) Impose any other condition deemed reasonably
necessary to assure appearance as required, or the safety of
another person or persons including a condition requiring that
the defendant return to custody after specified hours, or a
condition that the defendant have no contact with the victim or
other persons specified by the court.
b. Any bailable defendant who is charged with unlawful
possession, manufacture, delivery, or distribution of a
controlled substance or other drug under chapter 124 and is
ordered released shall be required, as a condition of that
release, to submit to a substance abuse evaluation and follow
any recommendations proposed in the evaluation for appropriate
substance abuse treatment. However, if a bailable defendant is
charged with manufacture, delivery, possession with the intent
to manufacture or deliver, or distribution of methamphetamine,
its salts, optical isomers, and salts of its optical isomers,
the defendant shall, in addition to a substance abuse
evaluation, remain under supervision and be required to undergo
random drug tests as a condition of release.
Sec. 222. Section 901.3, Code 2013, is amended to read as
follows:
901.3 Presentence investigation report.
-124-
HF 417 (4) 85
lh/rj/md 124/ 143

H.F. 417
1. If a presentence investigation is ordered by the court,
the investigator shall promptly inquire into all of the
following:
1. a. The defendant’s characteristics, family and financial
circumstances, needs, and potentialities.
2. b. The defendant’s criminal record and social history.
3. c. The circumstances of the offense.
4. d. The time the defendant has been in detention.
5. e. The harm to the victim, the victim’s immediate
family, and the community. Additionally, the presentence
investigator shall provide a victim impact statement form to
each victim, if one has not already been provided, and shall
file the completed statement or statements with the presentence
investigation report.
6. f. The defendant’s potential as a candidate for the
community service sentence program established pursuant to
section 907.13 .
7. g. Any mitigating circumstances relating to the offense
and the defendant’s potential as a candidate for deferred
judgment, deferred sentencing, a suspended sentence, or
probation, if the defendant is charged with or convicted of
assisting suicide pursuant to section 707A.2 .
8. h. Whether the defendant has a history of mental
health or substance abuse problems. If so, the investigator
shall inquire into the treatment options available in both the
community of the defendant and the correctional system.
2. All local and state mental and correctional
institutions, courts, and police agencies shall furnish to
the investigator on request the defendant’s criminal record
and other relevant information. The originating source of
specific mental health or substance abuse information including
the histories, treatment, and use of medications shall
not be released to the presentence investigator unless the
defendant authorizes the release of such information. If the
defendant refuses to release the information, the presentence
-125-
HF 417 (4) 85
lh/rj/md 125/ 143

H.F. 417
investigator may note the defendant’s refusal to release mental
health or substance abuse information in the presentence
investigation report and rely upon other mental health or
substance abuse information available to the presentence
investigator. With the approval of the court, a physical
examination or psychiatric evaluation of the defendant may be
ordered, or the defendant may be committed to an inpatient
or outpatient psychiatric facility for an evaluation of the
defendant’s personality and mental health. The results of any
such examination or evaluation shall be included in the report
of the investigator.
Sec. 223. Section 901.5, unnumbered paragraphs 1 and 2, Code
2013, are amended to read as follows:
After receiving and examining all pertinent information,
including the presentence investigation report and victim
impact statements, if any, the court shall consider the
following sentencing options. The court shall determine
which of them is authorized by law for the offense, and of
the authorized sentences, which of them or which combination
of them, in the discretion of the court, will provide maximum
opportunity for the rehabilitation of the defendant, and for
the protection of the community from further offenses by the
defendant and others. At the time fixed by the court for
pronouncement of judgment and sentence, the court shall act
accordingly:
At the time fixed by the court for pronouncement of judgment
and sentence, the court shall act accordingly:
Sec. 224. Section 902.9, Code 2013, is amended to read as
follows:
902.9 Maximum sentence for felons.
1. The maximum sentence for any person convicted of a felony
shall be that prescribed by statute or, if not prescribed by
statute, if other than a class “A” felony shall be determined
as follows:
1. a. A felon sentenced for a first conviction for a
-126-
HF 417 (4) 85
lh/rj/md 126/ 143

H.F. 417
violation of section 124.401D , shall be confined for no more
than ninety-nine years.
2. b. A class “B” felon shall be confined for no more than
twenty-five years.
3. c. An habitual offender shall be confined for no more
than fifteen years.
4. d. A class “C” felon, not an habitual offender, shall
be confined for no more than ten years, and in addition shall
be sentenced to a fine of at least one thousand dollars but not
more than ten thousand dollars.
5. e. A class “D” felon, not an habitual offender, shall be
confined for no more than five years, and in addition shall be
sentenced to a fine of at least seven hundred fifty dollars but
not more than seven thousand five hundred dollars.
2. The surcharges required by sections 911.1 , 911.2 , and
911.3 shall be added to a fine imposed on a class “C” or class
“D” felon, as provided by those sections, and are not a part of
or subject to the maximums set in this section .
Sec. 225. Section 904.403, Code 2013, is amended to read as
follows:
904.403 Investigatory powers —— witnesses.
1. The director may exercise the following powers in an
investigation:
1. a. Summon and compel the attendance of witnesses.
2. b. Examine the witnesses under oath, which the director
may administer.
3. c. Have access to all books, papers, and property
material to the investigation.
4. d. Order the production of books or papers material to
the investigation.
2. Witnesses other than those in the employ of the state
are entitled to the same fees as in civil cases in the district
court.
Sec. 226. Section 904.813, subsection 2, Code 2013, is
amended to read as follows:
-127-
HF 417 (4) 85
lh/rj/md 127/ 143

H.F. 417
2. a. The Iowa state industries revolving fund shall be
used only for the following purposes:
a. (1) Establishment, maintenance, transfer, or closure of
industrial operations, or vocational, technical, and related
training facilities and services for inmates as authorized by
the state director in consultation with the industries board.
b. (2) Payment of all costs incurred by the industries
board, including but not limited to per diem and expenses
of its members, and of salaries, allowances, support, and
maintenance of Iowa state industries.
c. (3) Direct purchases from vendors of raw materials and
capital items used for the manufacturing processes of Iowa
state industries, in accordance with rules which meet state
bidding requirements. The rules shall be adopted by the state
director in consultation with the industries board.
b. Payments from the revolving fund, other than salary
payments, shall be made directly to the vendors.
Sec. 227. Section 904.905, Code 2013, is amended to read as
follows:
904.905 Surrender of earnings.
1. An inmate employed in the community under a work release
plan shall surrender to the judicial district department of
correctional services the inmate’s total earnings less payroll
deductions required by law. The judicial district department
of correctional services shall deduct from the earnings in the
following order of priority:
1. a. An amount the inmate may be legally obligated to pay
for the support of the inmate’s dependents, the amount of which
shall be paid to the dependents through the department of human
services located in the county or city in which the dependents
reside.
2. b. Restitution as ordered by the court pursuant to
chapter 910 .
3. c. An amount determined to be the cost to the judicial
district department of correctional services for providing
-128-
HF 417 (4) 85
lh/rj/md 128/ 143

H.F. 417
food, lodging, and clothing for the inmate while under the
program.
4. d. Any other financial obligations which are
acknowledged by the inmate or any unsatisfied judgment against
the inmate.
2. Any balance remaining after deductions and payments
shall be credited to the inmate’s personal account at the
judicial district department of correctional services and shall
be paid to the inmate upon release. An inmate so employed
shall be paid a fair and reasonable wage in accordance with the
prevailing wage scale for such work and shall work at fair and
reasonable hours per day and per week.
Sec. 228. Section 905.12, Code 2013, is amended to read as
follows:
905.12 Surrender of earnings.
1. When committing a person to a residential treatment
center operated by a judicial district department of
correctional services, the court shall order the person to
surrender to the district department their total earnings less
payroll deductions required by law. The court shall establish
the person’s legal obligations by order and the district
department shall deduct from the earnings to satisfy the court
order in the following order of priority:
1. a. An amount the resident may be legally obligated to
pay for the support of dependents, which shall be paid to the
dependents directly or through the department of human services
in the county in which the dependents reside. For the purpose
of this subsection paragraph , “legally obligated” means under
a court order.
2. b. Restitution ordered by the court under chapter 910 .
3. c. An amount determined to be the cost to the judicial
district department of correctional services for food, lodging,
and other expenses incurred by or on behalf of the resident.
4. d. Any other financial obligations which are admitted
to by the resident or any judgment granted by the court to
-129-
HF 417 (4) 85
lh/rj/md 129/ 143

H.F. 417
another person to whom the resident owes money, but no earnings
of a resident are subject to garnishment while the person is
committed to the center.
2. Any balance remaining after deductions and payments
shall be credited to the resident’s personal account at the
district department and shall be paid to the resident upon
release. The director shall establish a plan to comply
with the provisions of court orders entered pursuant to this
section .
Sec. 229. Section 906.5, subsection 1, Code 2013, is amended
to read as follows:
1. a. The board shall establish and implement a plan by
which the board systematically reviews the status of each
person who has been committed to the custody of the director of
the Iowa department of corrections and considers the person’s
prospects for parole or work release. The board at least
annually shall review the status of a person other than a class
“A” felon, a class “B” felon serving a sentence of more than
twenty-five years, or a felon serving an offense punishable
under section 902.9, subsection 1 , paragraph “a” , or a felon
serving a mandatory minimum sentence other than a class “A”
felon, and provide the person with notice of the board’s parole
or work release decision.
b. Not less than twenty days prior to conducting a hearing
at which the board will interview the person, the board
shall notify the department of corrections of the scheduling
of the interview, and the department shall make the person
available to the board at the person’s institutional residence
as scheduled in the notice. However, if health, safety, or
security conditions require moving the person to another
institution or facility prior to the scheduled interview, the
department of corrections shall so notify the board.
Sec. 230. Section 906.9, Code 2013, is amended to read as
follows:
906.9 Clothing, transportation, and money.
-130-
HF 417 (4) 85
lh/rj/md 130/ 143

H.F. 417
1. When an inmate is discharged, paroled, or placed on work
release, the warden or superintendent shall furnish the inmate,
at state expense, appropriate clothing and transportation
to the place in this state indicated in the inmate’s
discharge, parole, or work release plan. When an inmate is
discharged, paroled, or placed on work release, the warden or
superintendent shall provide the inmate, at state expense or
through inmate savings as provided in section 904.508 , money in
accordance with the following schedule:
1. a. Upon discharge or parole, one hundred dollars.
2. b. Upon being placed on work release, fifty dollars.
2. Those inmates receiving payment under subsection 2
1, paragraph “b” , shall not be eligible for payment under
subsection 1 , paragraph “a” , unless they are returned to the
institution. An inmate shall only be eligible to receive one
payment under this section during any twelve-month period. The
warden or superintendent shall maintain an account of all funds
expended pursuant to this section .
Sec. 231. Section 910.4, subsection 3, Code 2013, is amended
to read as follows:
3. a. When there is a transfer of supervision from one
office or individual charged with supervision of the offender
to another, the sending office or individual shall forward to
the receiving office or individual all necessary information
regarding the balance owed against the original amount of
restitution ordered and the balance of public service required.
b. When the offender’s circumstances and income have
significantly changed, the receiving office or individual
shall submit a new plan of payment to the sentencing court for
approval or modification based on the considerations enumerated
in this section .
Sec. 232. Section 915.12, subsection 1, Code 2013, is
amended to read as follows:
1. A victim may register by filing a written
request-for-registration form with the county attorney. The
-131-
HF 417 (4) 85
lh/rj/md 131/ 143

H.F. 417
county attorney shall notify the victims in writing and advise
them of their registration and rights under this subchapter .
The county attorney shall provide a registered victim list to
the offices, agencies, and departments required to provide
information under this subchapter for notification purposes.
The county attorney shall provide a registered victim list
to the offices, agencies, and departments required to provide
information under this subchapter for notification purposes.
Sec. 233. Section 915.29, Code 2013, is amended to read as
follows:
915.29 Notification of victim of juvenile by department of
human services.
1. The department of human services shall notify a
registered victim regarding a juvenile adjudicated delinquent
for a violent crime, committed to the custody of the department
of human services, and placed at the state training school at
Eldora or Toledo, of the following:
1. a. The date on which the juvenile is expected to be
temporarily released from the custody of the department of
human services, and whether the juvenile is expected to return
to the community where the registered victim resides.
2. b. The juvenile’s escape from custody.
3. c. The recommendation by the department to consider the
juvenile for release or placement.
4. d. The date on which the juvenile is expected to be
released from a facility pursuant to a plan of placement.
2. The notification required pursuant to this section
may occur through the automated victim notification system
referred to in section 915.10A to the extent such information
is available for dissemination through the system.
Sec. 234. Section 915.38, subsection 1, Code 2013, is
amended to read as follows:
1. a. Upon its own motion or upon motion of any party,
a court may protect a minor, as defined in section 599.1 ,
from trauma caused by testifying in the physical presence of
-132-
HF 417 (4) 85
lh/rj/md 132/ 143

H.F. 417
the defendant where it would impair the minor’s ability to
communicate, by ordering that the testimony of the minor be
taken in a room other than the courtroom and be televised
by closed-circuit equipment for viewing in the courtroom.
However, such an order shall be entered only upon a specific
finding by the court that such measures are necessary to
protect the minor from trauma. Only the judge, prosecuting
attorney, defendant’s attorney, persons necessary to operate
the equipment, and any person whose presence, in the opinion of
the court, would contribute to the welfare and well-being of
the minor may be present in the room with the minor during the
minor’s testimony. The judge shall inform the minor that the
defendant will not be present in the room in which the minor
will be testifying but that the defendant will be viewing the
minor’s testimony through closed-circuit television.
b. During the minor’s testimony the defendant shall remain
in the courtroom and shall be allowed to communicate with the
defendant’s counsel in the room where the minor is testifying
by an appropriate electronic method.
c. In addition, upon a finding of necessity, the court
may allow the testimony of a victim or witness with a mental
illness, an intellectual disability, or other developmental
disability to be taken as provided in this subsection ,
regardless of the age of the victim or witness.
DIVISION III
CONFORMING CHANGES
Sec. 235. Section 48A.11, subsection 2, paragraph b, Code
2013, is amended to read as follows:
b. The penalty provided by law for submission of a false
voter registration form, which shall be the penalty for perjury
as provided by section 902.9, subsection 5 1, paragraph “e” .
Sec. 236. Section 124.401, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2013, is amended to read as
follows:
Violation of this subsection , with respect to the
-133-
HF 417 (4) 85
lh/rj/md 133/ 143

H.F. 417
following controlled substances, counterfeit substances, or
simulated controlled substances is a class “B” felony, and
notwithstanding section 902.9, subsection 2 1, paragraph “b” ,
shall be punished by confinement for no more than fifty years
and a fine of not more than one million dollars:
Sec. 237. Section 124.401, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2013, is amended to read as
follows:
Violation of this subsection with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances is a class “B” felony, and in addition
to the provisions of section 902.9, subsection 2 1, paragraph
“b” , shall be punished by a fine of not less than five thousand
dollars nor more than one hundred thousand dollars:
Sec. 238. Section 124.401, subsection 1, paragraph c,
unnumbered paragraph 1, Code 2013, is amended to read as
follows:
Violation of this subsection with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances is a class “C” felony, and in addition
to the provisions of section 902.9, subsection 4 1, paragraph
“d” , shall be punished by a fine of not less than one thousand
dollars nor more than fifty thousand dollars:
Sec. 239. Section 124.401D, subsection 1, paragraph b, Code
2013, is amended to read as follows:
b. A violation of this subsection is a felony punishable
under section 902.9, subsection 1 , paragraph “a” .
Sec. 240. Section 124.401D, subsection 2, paragraph b, Code
2013, is amended to read as follows:
b. A violation of this subsection is a felony punishable
under section 902.9, subsection 1 , paragraph “a” .
Sec. 241. Section 237A.29, subsection 2, paragraph b, Code
2013, is amended to read as follows:
b. A child care provider that has been found by the
department of inspections and appeals in an administrative
-134-
HF 417 (4) 85
lh/rj/md 134/ 143

H.F. 417
proceeding or in a judicial proceeding to have obtained, or has
agreed to entry of a civil judgment or judgment by confession
that includes a conclusion of law that the child care provider
has obtained, by fraudulent means, public funding for provision
of child care in an amount equal to or in excess of the minimum
amount for a fraudulent practice in the second degree under
section 714.10, subsection 1 , paragraph “a” , shall be subject
to sanction in accordance with this subsection . Such child
care provider shall be subject to a period during which receipt
of public funding for provision of child care is conditioned
upon no further violations and to one or more of the following
sanctions as determined by the department of human services:
(1) Ineligibility to receive public funding for provision
of child care.
(2) Suspension from receipt of public funding for provision
of child care.
(3) Special review of the child care provider’s claims for
providing publicly funded child care.
Sec. 242. Section 692A.101, subsection 1, paragraph a,
subparagraphs (3) and (4), Code 2013, are amended to read as
follows:
(3) Sexual abuse in the third degree in violation of section
709.4, subsection 1 , paragraph “a” .
(4) Lascivious acts with a child in violation of section
709.8, subsection 1 , paragraph “a” or 2 “b” .
Sec. 243. Section 692A.101, subsection 2, paragraph a,
subparagraph (3), Code 2013, is amended to read as follows:
(3) Sexual abuse in the third degree in violation of section
709.4 , except for a violation of section 709.4, subsection 2 1 ,
paragraph “c” “b” , subparagraph (4) (3), subparagraph division
(d) .
Sec. 244. Section 692A.102, subsection 1, paragraph a,
subparagraphs (2), (3), and (4), Code 2013, are amended to read
as follows:
(2) Sexual abuse in the third degree in violation of
-135-
HF 417 (4) 85
lh/rj/md 135/ 143

H.F. 417
section 709.4, subsection 1, 3 paragraph “a” , “c” , or 4 “d” , if
committed by a person under the age of fourteen.
(3) Sexual abuse in the third degree in violation of section
709.4, subsection 2 1 , paragraph “a” or “b” , subparagraph (1) or
(2), if committed by a person under the age of fourteen.
(4) Sexual abuse in the third degree in violation of section
709.4, subsection 2 1 , paragraph “c” “b” , subparagraph (3) .
Sec. 245. Section 692A.102, subsection 1, paragraph b,
subparagraphs (1) and (3), Code 2013, are amended to read as
follows:
(1) Lascivious acts with a child in violation of section
709.8, subsection 3 1, paragraph “c” or 4 “d” .
(3) Solicitation of a minor to engage in an illegal act
under section 709.8, subsection 3 1 , paragraph “c” , in violation
of section 705.1 .
Sec. 246. Section 692A.102, subsection 1, paragraph c,
subparagraphs (10), (11), and (12), Code 2013, are amended to
read as follows:
(10) Sexual abuse in the third degree in violation of
section 709.4, subsection 1, 3 paragraph “a” , “c” , or 4 “d” , if
committed by a person fourteen years of age or older.
(11) Sexual abuse in the third degree in violation
of section 709.4, subsection 2 1 , paragraph “a” or “b” ,
subparagraph (1) or (2), if committed by a person fourteen
years of age or older.
(12) Lascivious acts with a child in violation of section
709.8, subsection 1 , paragraph “a” or 2 “b” .
Sec. 247. Section 692A.121, subsection 2, paragraph b,
subparagraph (2), subparagraph division (a), Code 2013, is
amended to read as follows:
(a) The relevant information about a sex offender who was
under twenty years of age at the time the offender committed a
violation of section 709.4, subsection 2 1 , paragraph “c” “b” ,
subparagraph (4) (3), subparagraph division (d) .
Sec. 248. Section 702.11, subsection 2, paragraph c, Code
-136-
HF 417 (4) 85
lh/rj/md 136/ 143

H.F. 417
2013, is amended to read as follows:
c. Sexual abuse in violation of section 709.4, subsection
2 1 , paragraph “c” “b” , subparagraph (4) (3), subparagraph
division (d) .
Sec. 249. Section 708.2A, subsection 7, paragraph b, Code
2013, is amended to read as follows:
b. A person convicted of violating subsection 4 shall be
sentenced as provided under section 902.9, subsection 5 1,
paragraph “e” , and shall be denied parole or work release until
the person has served a minimum of one year of the person’s
sentence. Notwithstanding section 901.5 , subsections 1, 3, and
5 and section 907.3 , the person cannot receive a suspended or
deferred sentence or a deferred judgment; however, the person
sentenced shall receive credit for any time the person was
confined in a jail or detention facility following arrest.
Sec. 250. Section 708A.2, Code 2013, is amended to read as
follows:
708A.2 Terrorism.
A person who commits or attempts to commit an act of
terrorism commits a class “B” felony. However, notwithstanding
section 902.9, subsection 2 1, paragraph “b” , the maximum
sentence for a person convicted under this section shall be a
period of confinement of not more than fifty years.
Sec. 251. Section 716.10, subsection 2, paragraph a, Code
2013, is amended to read as follows:
a. A person commits railroad vandalism in the first degree
if the person intentionally commits railroad vandalism which
results in the death of any person. Railroad vandalism in the
first degree is a class “B” felony. However, notwithstanding
section 902.9, subsection 2 1, paragraph “b” , the maximum
sentence for a person convicted under this section shall be a
period of confinement of not more than fifty years.
Sec. 252. Section 726.6, subsection 4, Code 2013, is amended
to read as follows:
4. A person who commits child endangerment resulting in
-137-
HF 417 (4) 85
lh/rj/md 137/ 143

H.F. 417
the death of a child or minor is guilty of a class “B” felony.
Notwithstanding section 902.9, subsection 2 1, paragraph “b” ,
a person convicted of a violation of this subsection shall be
confined for no more than fifty years.
Sec. 253. Section 726.6A, Code 2013, is amended to read as
follows:
726.6A Multiple acts of child endangerment —— penalty.
A person who engages in a course of conduct including three
or more acts of child endangerment as defined in section 726.6
within a period of twelve months involving the same child or a
minor with a mental or physical disability, where one or more
of the acts results in serious injury to the child or minor
or results in a skeletal injury to a child under the age of
four years, is guilty of a class “B” felony. Notwithstanding
section 902.9, subsection 2 1, paragraph “b” , a person convicted
of a violation of this section shall be confined for no more
than fifty years.
Sec. 254. Section 804.25, Code 2013, is amended to read as
follows:
804.25 Bail —— discharge.
Any magistrate who receives bail as provided for in sections
804.21, subsection 2 , and 804.22, subsection 2 1, paragraph “b” ,
shall endorse, on the order of commitment or on the warrant, an
order for the discharge from custody of the arrested person,
who shall forthwith be discharged, and shall transmit by mail,
or otherwise, as soon as it can be conveniently done, to the
court at which the person is bound to appear, the affidavits,
order of commitment or warrant, and discharge, together with
the undertaking of bail.
Sec. 255. Section 811.1, subsections 1 and 2, Code 2013, are
amended to read as follows:
1. A defendant awaiting judgment of conviction and
sentencing following either a plea or verdict of guilty of a
class “A” felony; forcible felony as defined in section 702.11 ;
any class “B” felony included in section 462A.14 or 707.6A ; any
-138-
HF 417 (4) 85
lh/rj/md 138/ 143

H.F. 417
felony included in section 124.401, subsection 1 , paragraph
“a” or “b” ; a second or subsequent offense under section
124.401, subsection 1 , paragraph “c” ; any felony punishable
under section 902.9, subsection 1 , paragraph “a” ; any public
offense committed while detained pursuant to section 229A.5 ;
or any public offense committed while subject to an order of
commitment pursuant to chapter 229A .
2. A defendant appealing a conviction of a class “A”
felony; forcible felony as defined in section 702.11 ; any class
“B” or “C” felony included in section 462A.14 or 707.6A ; any
felony included in section 124.401, subsection 1 , paragraph
“a” or “b” ; or a second or subsequent conviction under section
124.401, subsection 1 , paragraph “c” ; any felony punishable
under section 902.9, subsection 1 , paragraph “a” ; any public
offense committed while detained pursuant to section 229A.5 ;
or any public offense committed while subject to an order of
commitment pursuant to chapter 229A .
Sec. 256. Section 811.10, unnumbered paragraph 1, Code
2013, is amended to read as follows:
When a defendant is admitted to bail by means of a surety
bail bond pursuant to section 811.2, subsection 1 , paragraph
“d”, “a” , subparagraph (4), the obligation of surety shall be
discharged, and the surety released, upon any of the following
conditions:
Sec. 257. Section 901.2, unnumbered paragraph 2, Code 2013,
is amended to read as follows:
The court shall not order a presentence investigation when
the offense is a class “A” felony. If, however, the board of
parole determines that the Iowa medical and classification
center reception report for a class “A” felon is inadequate,
the board may request and shall be provided with additional
information from the appropriate judicial district department
of correctional services. The court shall order a presentence
investigation when the offense is any felony punishable under
section 902.9, subsection 1 , paragraph “a” , or a class “B”,
-139-
HF 417 (4) 85
lh/rj/md 139/ 143

H.F. 417
class “C”, or class “D” felony. A presentence investigation
for any felony punishable under section 902.9, subsection 1 ,
paragraph “a” , or a class “B”, class “C”, or class “D” felony
shall not be waived. The court may order, with the consent of
the defendant, that the presentence investigation begin prior
to the acceptance of a plea of guilty, or prior to a verdict
of guilty. The court may order a presentence investigation
when the offense is an aggravated misdemeanor. The court may
order a presentence investigation when the offense is a serious
misdemeanor only upon a finding of exceptional circumstances
warranting an investigation. Notwithstanding section 901.3 , a
presentence investigation ordered by the court for a serious
misdemeanor shall include information concerning only the
following:
Sec. 258. Section 901.5A, subsection 1, unnumbered
paragraph 1, Code 2013, is amended to read as follows:
A defendant sentenced by the court to the custody of the
director of the department of corrections for an offense
punishable under section 902.9, subsection 1 , paragraph “a” ,
may have the judgment and sentence entered under section 901.5
reopened for resentencing if the following apply:
Sec. 259. Section 901.10, subsection 3, Code 2013, is
amended to read as follows:
3. A court sentencing a person for the person’s first
conviction under section 124.401D may, at its discretion,
sentence the person to a term less than the maximum term
provided under section 902.9, subsection 1 , paragraph “a” , if
mitigating circumstances exist and those circumstances are
stated specifically in the record. However, the court shall
not grant any reduction of sentence unless the defendant pleads
guilty. If the defendant pleads guilty, the court may, at its
discretion, reduce the maximum sentence by up to one-third. If
the defendant cooperates in the prosecution of other persons
involved in the sale or use of controlled substances, and
if the prosecutor requests an additional reduction in the
-140-
HF 417 (4) 85
lh/rj/md 140/ 143

H.F. 417
defendant’s sentence because of such cooperation, the court may
grant a further reduction in the defendant’s maximum sentence.
Sec. 260. Section 902.14, subsection 1, paragraph c, Code
2013, is amended to read as follows:
c. Lascivious acts with a child in violation of section
709.8, subsection 1 , paragraph “a” or 2 “b” .
DIVISION IV
DIRECTIVES
Sec. 261. CODE EDITOR DIRECTIVES.
1. Sections 554.1201, subsection 2, paragraph “p”;
554.2210, subsection 3; 554.3104, subsection 1, paragraph “c”;
554.3104, subsections 6, 8, and 9; 554.3106, subsections 1
and 2; 554.3108, subsections 1 and 2; 554.3109, subsection
2; 554.3112, subsection 1; 554.3204, subsection 1; 554.3206,
subsection 3, unnumbered paragraph 1; 554.3302, subsection
1, paragraph “b”; 554.3302, subsections 3 and 5; 554.3307,
subsection 2; 554.3310, subsection 3; 554.3312, subsection
2, unnumbered paragraph 1; 554.3312, subsection 3; 554.3402,
subsection 2, paragraph “b”; 554.3404, subsection 2, unnumbered
paragraph 1; 554.3404, subsection 3; 554.3405, subsection 3;
554.3407, subsections 1 and 3; 554.3411, subsections 2 and
3; 554.3414, subsections 2 and 6; 554.3415, subsection 1;
554.3417, subsection 1, unnumbered paragraph 1; 554.3417,
subsection 4, unnumbered paragraph 1; 554.3418, subsections
1 and 2; 554.3419, subsection 4; 554.3420, subsection 1;
554.3502, subsection 2, paragraph “c”; 554.3503, subsections 1
and 3; 554.3504, subsections 1 and 2; 554.3602, subsection 1;
554.3602, subsection 2, paragraph “a”; 554.4106, subsections
1 and 2; 554.4109, subsection 2; 554.4207, subsection 2;
554.4208, subsection 1, unnumbered paragraph 1; 554.4208,
subsections 2 and 4; 554.4215, subsection 5, unnumbered
paragraph 1; 554.5102, subsection 1, paragraphs “f” and “k”;
554.5109, subsection 1, paragraph “a”; 554.5116, subsection 3;
554.8301, subsection 1, paragraph “c”; 554.8403, subsection
2, unnumbered paragraph 1; 554.13303, subsections 2 and 3;
-141-
HF 417 (4) 85
lh/rj/md 141/ 143

H.F. 417
554.13303, subsection 4, paragraph “b”; 554.13308, subsection
2; 554.13309, subsection 8; 554.13310, subsection 5; 554.13518,
subsection 2; 554.13529, subsection 1, paragraphs “a” and “b”;
and 554.13531, subsection 1, unnumbered paragraph 1, Code
2013, are amended by striking nonconforming Code subparagraph
subdivision references from within section text.
2. Sections 554.3119, 554.3301, 554.3401, 554.3412,
554.3413, and 554.13105, Code 2013, are amended by striking
nonconforming Code subparagraph subdivision references from
within section text.
3. The Code editor is directed to number, renumber,
designate, or redesignate to eliminate unnumbered paragraphs
within sections 556D.2, 557B.5, 557B.6, 558.60, 562A.18,
564A.6, 573.18, 573A.7, 592.3, 596.8, 598.25, 600B.31A,
602.10141, 637.606, 654.12B, 703.5, and 704.11, Code 2013, in
accordance with established Code section hierarchy and correct
internal references in the Code and in any enacted Iowa Acts,
as necessary.
4. The Code editor is directed to number, renumber,
designate, or redesignate to eliminate unnumbered paragraphs
within sections 558.58, subsection 1; 562A.12, subsections 3
and 5; 562B.13, subsection 6; 573.12, subsection 1; 573.12,
subsection 2, paragraph “b”; 598.13, subsection 1; 598.22A,
subsection 1; 600.9, subsection 2; 600A.6, subsection 2;
602.1401, subsection 3; 602.6105, subsection 3, paragraph “b”;
602.9105, subsection 1, paragraph “b”; 602.9107, subsections 2
and 3; 614.17A, subsection 2; 614.22, subsection 2; 624.24A,
subsection 3; 627.6, subsection 15; 631.13, subsection 4,
paragraph “a”; 631.14, subsection 2; 633.123A, subsection
1; 633.356, subsections 3, 4, 6, and 7; 633D.10, subsection
3; 654.15, subsection 1; 657.11, subsection 3, paragraph
“a”; 657A.10A, subsection 1; 669.14, subsection 11; 692.2,
subsection 6; 714.16A, subsection 1; 717B.5, subsection 2;
809A.6, subsection 4; 809A.7, subsection 5; 809A.9, subsection
1; 809A.12, subsection 3; 904.116, subsection 2; 904.201,
-142-
HF 417 (4) 85
lh/rj/md 142/ 143

H.F. 417
subsection 3; 904.503, subsection 1; and 904.809, subsection 5,
paragraph “a”, Code 2013, in accordance with established Code
section hierarchy and correct internal references in the Code
and in any enacted Iowa Acts, as necessary.
5. The Code editor is directed to redesignate within
section 327F.39, subsection 1, paragraphs “a” through “c” to
place the definitions in alphabetical order and correct any
internal references in the Code and in any enacted Iowa Acts,
as necessary.
-143-
HF 417 (4) 85
lh/rj/md 143/ 143