Bill Text: IA HF566 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act relating to nonsubstantive Code corrections and including effective date and retroactive applicability provisions. (Formerly HSB 174)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF566 Detail]

Download: Iowa-2011-HF566-Introduced.html
House File 566 - Introduced HOUSE FILE 566 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 174) A BILL FOR An Act relating to nonsubstantive Code corrections and 1 including effective date and retroactive applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1437HV (2) 84 lh/rj
H.F. 566 DIVISION I 1 NONSUBSTANTIVE CHANGES 2 Section 1. Section 8.57, subsection 6, paragraph e, 3 subparagraph (1), subparagraph division (d), subparagraph 4 subdivision (i), Code 2011, is amended to read as follows: 5 (i) The total moneys in excess of the moneys deposited 6 in the revenue bonds debt service fund, the revenue bonds 7 federal holdback subsidy holdback fund, the vision Iowa fund, 8 the school infrastructure fund, and the general fund of the 9 state in a fiscal year shall be deposited in the rebuild Iowa 10 infrastructure fund and shall be used as provided in this 11 section , notwithstanding section 8.60 . 12 Sec. 2. Section 8A.311, subsection 14, paragraph b, Code 13 2011, is amended to read as follows: 14 b. The procurement by state agencies of bio-based biobased 15 hydraulic fluids, greases, and other industrial lubricants 16 manufactured from soybeans in accordance with the requirements 17 of section 8A.316 . 18 Sec. 3. Section 8A.316, subsection 4, paragraph a, Code 19 2011, is amended to read as follows: 20 a. Provide that when purchasing hydraulic fluids, greases, 21 and other industrial lubricants, the department or a state 22 agency authorized by the department to directly purchase 23 hydraulic fluids, greases, and other industrial lubricants 24 shall give preference to purchasing bio-based biobased 25 hydraulic fluids, greases, and other industrial lubricants 26 manufactured from soybeans. 27 Sec. 4. Section 8A.316, subsection 4, paragraph c, 28 subparagraph (1), Code 2011, is amended to read as follows: 29 (1) “Bio-based “Biobased hydraulic fluids, greases, and 30 other industrial lubricants” means the same as defined by the 31 United States department of agriculture, if the department has 32 adopted such a definition. If the United States department of 33 agriculture has not adopted a definition, “bio-based “biobased 34 hydraulic fluids, greases, and other industrial lubricants” means 35 -1- LSB 1437HV (2) 84 lh/rj 1/ 114
H.F. 566 hydraulic fluids, greases, and other lubricants containing a 1 minimum of fifty-one percent soybean oil. 2 Sec. 5. Section 8D.3, subsection 2, Code 2011, is amended 3 to read as follows: 4 2. Members. 5 a. The commission is composed of five members appointed 6 by the governor and subject to confirmation by the senate. 7 Members of the commission shall not serve in any manner or be 8 employed by an authorized user of the network or by an entity 9 seeking to do or doing business with the network. 10 a. (1) The governor shall appoint a member as the 11 chairperson of the commission from the five members appointed 12 by the governor, subject to confirmation by the senate. 13 b. (2) Members of the commission shall serve six-year 14 staggered terms as designated by the governor and appointments 15 to the commission are subject to the requirements of sections 16 69.16 , 69.16A , and 69.19 . Vacancies shall be filled by the 17 governor for the duration of the unexpired term. 18 c. (3) The salary of the members of the commission shall 19 be twelve thousand dollars per year, except that the salary of 20 the chairperson shall be seventeen thousand dollars per year. 21 Members of the commission shall also be reimbursed for all 22 actual and necessary expenses incurred in the performance of 23 duties as members. The benefits and salary paid to the members 24 of the commission shall be adjusted annually equal to the 25 average of the annual pay adjustments, expense reimbursements, 26 and related benefits provided under collective bargaining 27 agreements negotiated pursuant to chapter 20 . 28 d. Meetings of the commission shall be held at the call of 29 the chairperson of the commission. 30 b. In addition to the members appointed by the governor, 31 the auditor of state or the auditor’s designee shall serve as a 32 nonvoting, ex officio member of the commission. 33 c. Meetings of the commission shall be held at the call of 34 the chairperson of the commission. 35 -2- LSB 1437HV (2) 84 lh/rj 2/ 114
H.F. 566 Sec. 6. Section 12.87, subsection 1, Code 2011, is amended 1 to read as follows: 2 1. a. The treasurer of state is authorized to issue and 3 sell bonds on behalf of the state to provide funds for certain 4 infrastructure projects and for purposes of the Iowa jobs 5 program established in section 16.194 . The treasurer of state 6 shall have all of the powers which are necessary or convenient 7 to issue, sell , and secure bonds and carry out the treasurer of 8 state’s duties, and exercise the treasurer of state’s authority 9 under this section and sections 12.88 through 12.90 . The 10 treasurer of state may issue and sell bonds in such amounts as 11 the treasurer of state determines to be necessary to provide 12 sufficient funds for certain infrastructure projects and the 13 revenue bonds capitals fund, the revenue bonds capitals II 14 fund, the payment of interest on the bonds, the establishment 15 of reserves to secure the bonds, the payment of costs of 16 issuance of the bonds, the payment of other expenditures of 17 the treasurer of state incident to and necessary or convenient 18 to carry out the issuance and sale of the bonds, and the 19 payment of all other expenditures of the treasurer of state 20 necessary or convenient to administer the funds and to carry 21 out the purposes for which the bonds are issued and sold. 22 The treasurer of state may issue and sell bonds in one or 23 more series on the terms and conditions the treasurer of 24 state determines to be in the best interest of the state, in 25 accordance with this section in such amounts as the treasurer 26 of state determines to be necessary to fund the purposes for 27 which such bonds are issued and sold as follows: 28 a. b. The treasurer of state may issue and sell bonds in 29 amounts which provide aggregate net proceeds of not more than 30 six hundred ninety-five million dollars, excluding any bonds 31 issued and sold to refund outstanding bonds issued under this 32 section , as follows: 33 (1) On or after July 1, 2009, the treasurer of state may 34 issue and sell bonds in amounts which provide aggregate net 35 -3- LSB 1437HV (2) 84 lh/rj 3/ 114
H.F. 566 proceeds of not more than one hundred eighty-five million 1 dollars for capital projects which qualify as vertical 2 infrastructure projects as defined in section 8.57, subsection 3 6 , paragraph “c” , to the extent practicable in any fiscal year 4 and without limiting other qualifying capital expenditures. 5 (2) On or after July 1, 2009, the treasurer of state 6 may issue and sell bonds in amounts which provide aggregate 7 net proceeds of not more than three hundred sixty million 8 dollars for purposes of the Iowa jobs program established 9 in section 16.194 and for watershed flood rebuilding and 10 prevention projects, soil conservation projects, sewer 11 infrastructure projects, for certain housing and public service 12 shelter projects and public broadband and alternative energy 13 projects, and for projects relating to bridge safety and the 14 rehabilitation of deficient bridges. 15 (3) On or after April 1, 2010, the treasurer of state may 16 issue and sell bonds in amounts which provide aggregate net 17 proceeds of not more than one hundred fifty million dollars 18 for purposes of the Iowa jobs II program established in 19 section 16.194A and for qualified projects in the departments 20 of agriculture and land stewardship, economic development, 21 education, natural resources, and transportation, and the Iowa 22 finance authority, state board of regents, and treasurer of 23 state. 24 Sec. 7. Section 12.89A, subsection 5, Code 2011, is amended 25 to read as follows: 26 5. At any time during each fiscal year that there are moneys 27 on deposit in the revenue bonds federal subsidy holdback fund 28 that are not needed to pay principal and interest on federal 29 subsidy bonds during such fiscal year as determined by the 30 treasurer of state or the treasurer’s designee, such moneys on 31 deposit in the revenue bonds federal subsidy holdback account 32 fund shall be credited to the rebuild Iowa infrastructure fund 33 of the state. 34 Sec. 8. Section 29C.20B, subsection 2, paragraph f, Code 35 -4- LSB 1437HV (2) 84 lh/rj 4/ 114
H.F. 566 2011, is amended to read as follows: 1 f. Develop Development of formal working relationships with 2 agencies and create creation of interagency agreements for 3 those considered to provide disaster case management services. 4 Sec. 9. Section 34A.15, subsection 1, paragraph f, Code 5 2011, is amended to read as follows: 6 f. One person appointed by the Iowa firemen’s firefighters 7 association. 8 Sec. 10. Section 88.19, Code 2011, is amended to read as 9 follows: 10 88.19 Annual report. 11 Within one hundred twenty days following the convening 12 of each session of each general assembly, the commissioner 13 shall prepare and submit to the governor for transmittal to 14 the general assembly a report upon the subject matter of 15 this chapter , the progress toward achievement of the purpose 16 of this chapter , the needs and requirements in the field 17 of occupational safety and health, and any other relevant 18 information. Such reports may include information regarding 19 occupational safety and health standards, and criteria for such 20 standards, developed during the preceding year; evaluation of 21 standards and criteria previously developed under this chapter , 22 defining areas of emphasis for new criteria and standards; 23 and evaluation of the degree of observance of applicable 24 occupational safety and health standards, and a summary of 25 inspection and enforcement activity undertaken; analysis and 26 evaluation of research activities for which results have been 27 obtained under governmental and nongovernmental sponsorship; 28 an analysis of major occupational diseases; evaluation of 29 available control and measurement technology for hazards for 30 which standards or criteria have been developed during the 31 preceding year; a description of cooperative efforts undertaken 32 between government agencies and other interested parties in 33 the implementation of this chapter during the preceding year; 34 a progress report on the development of an adequate supply 35 -5- LSB 1437HV (2) 84 lh/rj 5/ 114
H.F. 566 of trained personnel in the field of occupational safety and 1 health, including estimates of future needs and the efforts 2 being made by government and others to meet those needs; a 3 listing of all toxic substances in industrial usage for which 4 labeling requirements, criteria, or standards have not yet 5 been established; and such recommendations for additional 6 legislation as are deemed necessary to protect the safety and 7 health of the worker and improve the administration of this 8 chapter . 9 Sec. 11. Section 89.6, subsection 2, Code 2011, is amended 10 to read as follows: 11 2. Before any power boiler is converted to a low pressure 12 boiler, the owner or user shall give to the commissioner ten 13 days’ written notice of intent to convert the boiler to the 14 commissioner . The notice shall designate the boiler location, 15 the uses of the building, and other information specified by 16 rule by the board. 17 Sec. 12. Section 97C.2, subsections 3 and 6, Code 2011, are 18 amended to read as follows: 19 3. The term “employment” means any service performed by 20 an employee in the employ of the state, or any political 21 subdivision thereof, for such employer, except (1) service 22 which in the absence of an agreement entered into under this 23 chapter would constitute “employment” as defined in the Social 24 Security Act; or (2) service which under the Social Security 25 Act may not be included in an agreement between the state and 26 the federal security administrator entered into under this 27 chapter . 28 6. The term “political subdivision” includes an 29 instrumentality (a) of the state of Iowa, (b) of one or more of 30 its political subdivisions , or (c) of the state and one or more 31 of its political subdivisions, but only if such instrumentality 32 is a juristic entity which is legally separate and distinct 33 from the state or subdivision and only if its employees are not 34 by virtue of their relation to such juristic entity employees 35 -6- LSB 1437HV (2) 84 lh/rj 6/ 114
H.F. 566 of the state or subdivisions. 1 Sec. 13. Section 97C.4, Code 2011, is amended to read as 2 follows: 3 97C.4 Other states —— joint agreements. 4 Any instrumentality jointly created by this state and 5 any other state or states is hereby authorized, upon the 6 granting of like authority by such other state or states, 7 (1) to enter into an agreement with the federal security 8 administrator whereby the benefits of the federal old-age and 9 survivors’ insurance system shall be extended to employees 10 of such instrumentality, (2) to require its employees to pay 11 (and , and for that purpose to deduct from their wages) wages, 12 contributions equal to the amounts which they would be required 13 to pay under section 97C.5 if they were covered by an agreement 14 made pursuant to section 97C.3 , and (3) to make payments to the 15 secretary of the treasury in accordance with such agreement, 16 including payments from its own funds, and otherwise to comply 17 with such agreements. Such agreement shall, to the extent 18 practicable, be consistent with the terms and provisions of 19 section 97C.3 and other provisions of this chapter . 20 Sec. 14. Section 100B.1, subsection 1, paragraph a, 21 subparagraph (1), subparagraph division (a), Code 2011, is 22 amended to read as follows: 23 (a) Two members from a list submitted by the Iowa firemen’s 24 firefighters association. 25 Sec. 15. Section 101C.3, subsection 3, paragraph b, Code 26 2011, is amended to read as follows: 27 b. A volunteer fire fighter designated by the Iowa firemen’s 28 firefighters association. 29 Sec. 16. Section 135.159, subsection 3, paragraph i, Code 30 2011, is amended to read as follows: 31 i. For children, coordinate with and integrate guidelines, 32 data, and information from existing newborn and child health 33 programs and entities, including but not limited to the healthy 34 opportunities for parents to experience success healthy 35 -7- LSB 1437HV (2) 84 lh/rj 7/ 114
H.F. 566 families Iowa program, the early childhood Iowa initiative, 1 the center for congenital and inherited disorders screening 2 and health care programs, standards of care for pediatric 3 health guidelines, the office of minority and multicultural 4 health established in section 135.12 , the oral health bureau 5 established in section 135.15 , and other similar programs and 6 services. 7 Sec. 17. Section 136.1, Code 2011, is amended to read as 8 follows: 9 136.1 Composition of board. 10 1. The state board of health shall consist of the following 11 members: 12 a. Two members learned in health-related disciplines , three . 13 b. Three members who have direct experience with public 14 health , two . 15 c. Two members who have direct experience with substance 16 abuse treatment or prevention , and four . 17 d. Four members representing the general public. 18 2. At least one of such members shall be licensed in the 19 practice of medicine and surgery or osteopathic medicine and 20 surgery under chapter 148 . 21 Sec. 18. Section 147A.2, subsection 1, Code 2011, is amended 22 to read as follows: 23 1. An EMS advisory council shall be appointed by the 24 director. Membership of the council shall be comprised of 25 individuals nominated from, but not limited to, the following 26 state or national organizations: Iowa osteopathic medical 27 association, Iowa medical society, American college of 28 emergency physicians, Iowa physician assistant society, Iowa 29 academy of family physicians, university of Iowa hospitals 30 and clinics, American academy of emergency medicine, American 31 academy of pediatrics, Iowa EMS association, Iowa firemen’s 32 firefighters association, Iowa professional firefighters, 33 EMS education programs committee, Iowa nurses association, 34 Iowa hospital association, and the Iowa state association of 35 -8- LSB 1437HV (2) 84 lh/rj 8/ 114
H.F. 566 counties. The council shall also include at least two at-large 1 members who are volunteer emergency medical care providers and 2 a representative of a private service program. 3 Sec. 19. Section 159A.3, subsection 2, paragraph h, Code 4 2011, is amended to read as follows: 5 h. Approve Approving a renewable fuel which may be used as a 6 flexible fuel powering a motor vehicle required to be purchased 7 by state agencies. 8 Sec. 20. Section 252B.20, subsection 13, Code 2011, is 9 amended to read as follows: 10 13. For the purposes of chapter 252H , subchapter II, 11 regarding the criteria for a review under subchapter II of 12 that chapter or for a cost-of-living alteration under chapter 13 252H, subchapter IV of that chapter , if a support obligation is 14 terminated or reinstated under this section , such termination 15 or reinstatement shall not be considered a modification of the 16 support order. 17 Sec. 21. Section 260C.19B, Code 2011, is amended to read as 18 follows: 19 260C.19B Purchase of bio-based biobased hydraulic fluids, 20 greases, and other industrial lubricants. 21 Hydraulic fluids, greases, and other industrial lubricants 22 purchased by or used under the direction of the board of 23 directors to provide services to a merged area shall be 24 purchased in compliance with the preference requirements for 25 purchasing bio-based biobased hydraulic fluids, greases, and 26 other industrial lubricants as provided pursuant to section 27 8A.316 . 28 Sec. 22. Section 262.25B, Code 2011, is amended to read as 29 follows: 30 262.25B Purchase of bio-based biobased hydraulic fluids, 31 greases, and other industrial lubricants. 32 The state board of regents and institutions under the 33 control of the board purchasing hydraulic fluids, greases, and 34 other industrial lubricants shall give preference to purchasing 35 -9- LSB 1437HV (2) 84 lh/rj 9/ 114
H.F. 566 bio-based biobased hydraulic fluids, greases, and other 1 industrial lubricants as provided in section 8A.316 . 2 Sec. 23. Section 282.6, subsection 2, Code 2011, is amended 3 to read as follows: 4 2. Every school shall be free of tuition to all actual 5 residents between the ages of five and twenty-one years and to 6 resident veterans as defined in section 35.1 , as many months 7 after becoming twenty-one years of age as they have spent 8 in the armed forces of the United States before they became 9 twenty-one, provided, however, fees may be charged covering 10 instructional costs for a summer school or drivers driver 11 education program. The board of education may, in a hardship 12 case, exempt a student from payment of the above fees. Every 13 person, however, who shall attend any school after graduation 14 from a four-year course in an approved high school or its 15 equivalent shall be charged a sufficient tuition fee to cover 16 the cost of the instruction received by the person. 17 Sec. 24. Section 285.5, subsection 1, paragraph a, Code 18 2011, is amended to read as follows: 19 a. Contracts for school bus service with private parties 20 shall be in writing and be for the transportation of children 21 who attend public school and children who attend nonpublic 22 school. Such contracts shall define the route, the length of 23 time, service contracted for, the compensation, and the vehicle 24 to be used. The contract shall prescribe the duties of the 25 contractor and driver of the vehicles and shall provide that 26 every person in charge of a vehicle conveying children to and 27 from school shall be at all times subject to any rules said 28 board shall adopt for the protection of the children, or to 29 govern the conduct of the persons in charge of said conveyance. 30 Contracts may be made for a period not to exceed three years. 31 Sec. 25. Section 306B.1, subsections 3 and 4, Code 2011, are 32 amended to read as follows: 33 3. “Interstate system” means the system of highways as 34 defined described in Tit. 23 U.S.C. 103, subsection “e” § 103(c) 35 -10- LSB 1437HV (2) 84 lh/rj 10/ 114
H.F. 566 or amendments thereto. 1 4. “National policy” means the provisions relating to 2 control of advertising devices adjacent to the interstate 3 system contained in Tit. 23 U.S.C. § 131 or amendments thereto 4 and the national standards promulgated pursuant to such 5 provisions. 6 Sec. 26. Section 306C.10, subsection 9, Code 2011, is 7 amended to read as follows: 8 9. “Information center” means a site, either with or without 9 structures or buildings, established and maintained at a rest 10 area for the purpose of providing “information “specific 11 information of specific interest to the traveling public”, as 12 defined in subsection 18 . 13 Sec. 27. Section 313.4, subsection 2, Code 2011, is amended 14 to read as follows: 15 2. Such fund is also appropriated and shall be used for the 16 construction, reconstruction, improvement and maintenance of 17 state institutional roads and state park roads and bridges on 18 such roads and roads and bridges on community college property 19 as provided in subsection 11 of section 307A.2 , subsection 11, 20 for restoration of secondary roads used as primary road detours 21 and for compensation of counties for such use, for restoration 22 of municipal streets so used and for compensation of cities for 23 such use, and for the payments required in section 307.45 . 24 Sec. 28. Section 321.178, subsection 2, paragraph a, 25 subparagraph (1), Code 2011, is amended to read as follows: 26 (1) A person between sixteen and eighteen years of age who 27 has completed an approved driver’s driver education course and 28 is not in attendance at school and has not met the requirements 29 described in section 299.2, subsection 1 , may be issued a 30 restricted license only for travel to and from work or to 31 transport dependents to and from temporary care facilities, 32 if necessary for the person to maintain the person’s present 33 employment. The restricted license shall be issued by the 34 department only upon confirmation of the person’s employment 35 -11- LSB 1437HV (2) 84 lh/rj 11/ 114
H.F. 566 and need for a restricted license to travel to and from work or 1 to transport dependents to and from temporary care facilities 2 if necessary to maintain the person’s employment. The employer 3 shall notify the department if the employment of the person is 4 terminated before the person attains the age of eighteen. 5 Sec. 29. Section 321.178, subsection 3, paragraph b, 6 subparagraph (4), Code 2011, is amended to read as follows: 7 (4) The minor must pass the written and driving skills tests 8 as required by the department, but is not required to have 9 taken a driver’s driver education class. 10 Sec. 30. Section 321.188, subsection 1, paragraphs a and c, 11 Code 2011, are amended to read as follows: 12 a. Certify whether the applicant is subject to and meets 13 applicable driver qualifications of 49 C.F.R. part pt. 391 as 14 adopted by rule by the department. 15 c. Successfully pass knowledge tests and driving skills 16 tests which the department shall require by rule. The rules 17 adopted shall substantially comply with the federal minimum 18 testing and licensing requirements in 49 C.F.R. part pt. 19 383, subparts subpt. E, G, and H as adopted by rule by the 20 department. Except as required under 49 C.F.R. part pt. 383, 21 subpart subpt. E, G, or H, a commercial driver’s license is 22 renewable without a driving skills test within one year after 23 its expiration date. 24 Sec. 31. Section 321J.2, subsection 5, paragraph d, Code 25 2011, is amended to read as follows: 26 d. Assignment to substance abuse evaluation and treatment, a 27 course for drinking drivers, and, if available and appropriate, 28 a reality education substance abuse prevention program pursuant 29 to section 321J.24 . 30 Sec. 32. Section 323A.2, subsection 1, paragraph b, Code 31 2011, is amended to read as follows: 32 b. The franchisee has requested and has been denied delivery 33 of motor fuel sold or distributed under the trademark named in 34 the franchise from a person other than the franchisor. 35 -12- LSB 1437HV (2) 84 lh/rj 12/ 114
H.F. 566 Sec. 33. Section 336.16, subsection 3, Code 2011, is amended 1 to read as follows: 2 3. A city or county election shall not be called until a 3 hearing has been held on the proposal to submit a proposition 4 of withdrawal to an election. A hearing may be held only after 5 public notice is published as provided in section 362.3 in the 6 case of a city or section 331.305 in the case of a county. A 7 copy of the notice submitted for publication shall be mailed 8 to the public library on or before the date of publication. 9 The proposal presented at the hearing must include a plan 10 for continuing adequate library service with or without all 11 participants and the respective allocated costs and levels of 12 service shall be stated. At the hearing, any interested person 13 shall be given a reasonable time to be heard, either for or 14 against the withdrawal or the plan to accompany it. 15 Sec. 34. Section 360.1, Code 2011, is amended to read as 16 follows: 17 360.1 Election. 18 1. The trustees, on a petition of a majority of the 19 resident freeholders of any civil township, shall request the 20 county commissioner of elections to submit the question of 21 building or acquiring by purchase, or acquiring by a lease with 22 purchase option, a public hall to the electors thereof. The 23 county commissioner shall conduct the election pursuant to the 24 applicable provisions of chapters 39 to 53 and certify the 25 result to the trustees. 26 2. The form of the proposition shall be: Shall the 27 proposition to levy a tax of ... cents per thousand dollars of 28 assessed value for the erection of a public hall be adopted? 29 3. Notice of the election shall be given as provided by 30 chapter 49 . 31 Sec. 35. Section 364.4, subsection 4, paragraph e, 32 subparagraph (2), subparagraph division (b), Code 2011, is 33 amended to read as follows: 34 (b) (i) If at any time before the end of the thirty-day 35 -13- LSB 1437HV (2) 84 lh/rj 13/ 114
H.F. 566 period after which a meeting may be held to take action to 1 enter into the lease or lease-purchase contract, a petition 2 is filed with the clerk of the city in the manner provided 3 by section 362.4 , asking that the question of entering into 4 the lease or lease-purchase contract be submitted to the 5 registered voters of the city, the governing body shall either 6 by resolution declare the proposal to enter into the lease or 7 lease-purchase contract to have been abandoned or shall direct 8 the county commissioner of elections to call a special election 9 upon the question of entering into the lease or lease-purchase 10 contract. However, for purposes of this subparagraph, the 11 petition shall not require signatures in excess of one thousand 12 persons. 13 (ii) The question to be placed on the ballot shall be stated 14 affirmatively in substantially the following manner: Shall the 15 city of ........ enter into a lease or lease-purchase contract 16 in amount of $ .... for the purpose of ...... ? 17 (iii) Notice of the election and its conduct shall be in the 18 manner provided in section 384.26, subsections 2 through 4 . 19 Sec. 36. Section 400.2, subsection 2, paragraph a, Code 20 2011, is amended to read as follows: 21 a. Sell to , or in any manner become parties, directly or 22 indirectly, to any contract to furnish supplies, material, or 23 labor to the city unless the sale is made or the contract is 24 awarded by competitive bid in writing, publicly invited and 25 opened. 26 Sec. 37. Section 403.19A, subsection 3, paragraph c, 27 subparagraph (1), Code 2011, is amended to read as follows: 28 (1) The pilot project city shall enter into a withholding 29 agreement with each employer concerning the targeted jobs 30 withholding credit. The withholding agreement shall provide 31 for the total amount of withholding tax credits awarded. An 32 agreement shall not provide for an amount of withholding 33 credits that exceeds the amount of the qualifying investment 34 made in the project. An agreement shall not be entered into 35 -14- LSB 1437HV (2) 84 lh/rj 14/ 114
H.F. 566 by a pilot project city with a business currently located in 1 this state unless the business either creates ten new jobs or 2 makes a qualifying investment of at least five hundred thousand 3 dollars within the urban renewal area. The withholding 4 agreement may have a term of up to ten years. An employer 5 shall not be obligated to enter into a withholding agreement. 6 An agreement shall not be entered into with an employer not 7 already located in a pilot project city when another Iowa 8 community is competing for the same project and both the 9 pilot project city and the other Iowa community are seeking 10 assistance from the department. 11 Sec. 38. Section 403.19A, subsection 3, paragraph f, Code 12 2011, is amended to read as follows: 13 f. If the employer ceases to meet the requirements of the 14 withholding agreement, the agreement shall be terminated and 15 any withholding tax credits for the benefit of the employer 16 shall cease. However, in regard to the number of new jobs that 17 are to be created, if the employer has met the number of new 18 jobs to be created pursuant to the withholding agreement and 19 subsequently the number of new jobs falls below the required 20 level, the employer shall not be considered as not meeting the 21 new job requirement until eighteen months after the date of the 22 decrease in the number of new jobs created. 23 Sec. 39. Section 403A.21, Code 2011, is amended to read as 24 follows: 25 403A.21 Cooperation in undertaking housing projects. 26 1. For the purpose of aiding and cooperating in the 27 planning, undertaking, construction or operation of housing 28 projects located within the area in which it is authorized to 29 act, any state public body may upon such terms, with or without 30 consideration, as it may determine: 31 1. a. Dedicate, sell, convey or lease any of its interest 32 in any property or grant easements, licenses or any other 33 rights or privileges therein to any municipality, or to the 34 federal government. 35 -15- LSB 1437HV (2) 84 lh/rj 15/ 114
H.F. 566 2. b. Cause parks, playgrounds, recreational community, 1 educational, water, sewer or drainage facilities or any other 2 works which it is otherwise empowered to undertake, to be 3 furnished adjacent to or in connection with housing projects. 4 3. c. Furnish, dedicate, close, pave, install, grade, 5 regrade, plan or replan streets, roads, roadways, alleys, 6 sidewalks or other places which it is otherwise empowered to 7 undertake. 8 4. d. Cause services to be furnished for housing projects 9 of the character which such state public body is otherwise 10 empowered to furnish. 11 5. e. Enter into agreements with respect to the exercise 12 by such state public body of its powers relating to the 13 repair, elimination or closing of unsafe, insanitary or unfit 14 dwellings. 15 6. f. Do any and all things necessary or convenient to aid 16 and cooperate in the planning, undertaking, construction or 17 operation of such housing projects. 18 7. g. Incur the entire expense of any public improvements 19 made by such state public body in exercising the powers granted 20 in this chapter . 21 8. h. Enter into agreements (which , which may extend 22 over any period, notwithstanding any provision or rule of law 23 to the contrary) contrary, with any municipality respecting 24 action to be taken by such state public body pursuant to any 25 of the powers granted by this chapter . If at any time title 26 to, or possession of, any project is held by any public body 27 or governmental agency authorized by law to engage in the 28 development or administration of municipal housing or slum 29 clearance projects, including any agency or instrumentality of 30 the United States of America, the provisions of such agreements 31 shall inure to the benefit of and may be enforced by such 32 public body or governmental agency. 33 9. 2. Any law or statute to the contrary notwithstanding, 34 any sale, conveyance, lease or agreement provided for in this 35 -16- LSB 1437HV (2) 84 lh/rj 16/ 114
H.F. 566 section may be made by a state public body without appraisal, 1 public notice, advertisement , or public bidding. 2 Sec. 40. Section 422.32, Code 2011, is amended to read as 3 follows: 4 422.32 Definitions. 5 1. For the purpose of this division and unless otherwise 6 required by the context: 7 1. a. The term “affiliated “Affiliated group” means a group 8 of corporations as defined in section 1504(a) of the Internal 9 Revenue Code. 10 2. b. “Business income” means income arising from 11 transactions and activity in the regular course of the 12 taxpayer’s trade or business; or income from tangible and 13 intangible property if the acquisition, management, and 14 disposition of the property constitute integral parts of the 15 taxpayer’s regular trade or business operations; or gain or 16 loss resulting from the sale, exchange, or other disposition of 17 real property or of tangible or intangible personal property, 18 if the property while owned by the taxpayer was operationally 19 related to the taxpayer’s trade or business carried on in 20 Iowa or operationally related to sources within Iowa, or the 21 property was operationally related to sources outside this 22 state and to the taxpayer’s trade or business carried on in 23 Iowa; or gain or loss resulting from the sale, exchange, or 24 other disposition of stock in another corporation if the 25 activities of the other corporation were operationally related 26 to the taxpayer’s trade or business carried on in Iowa while 27 the stock was owned by the taxpayer. A taxpayer may have more 28 than one regular trade or business in determining whether 29 income is business income. 30 (1) It is the intent of the general assembly to treat as 31 apportionable business income all income that may be treated 32 as apportionable business income under the Constitution of the 33 United States. 34 (2) The filing of an Iowa income tax return on a combined 35 -17- LSB 1437HV (2) 84 lh/rj 17/ 114
H.F. 566 report basis is neither allowed nor required by this subsection 1 paragraph “b” . 2 3. c. “Commercial domicile” means the principal place from 3 which the trade or business of the taxpayer is directed or 4 managed. 5 4. d. “Corporation” includes joint stock companies, and 6 associations organized for pecuniary profit, and partnerships 7 and limited liability companies taxed as corporations under the 8 Internal Revenue Code. 9 5. e. The words “domestic “Domestic corporation” mean means 10 any corporation organized under the laws of this state. 11 6. f. The words “foreign “Foreign corporation” mean means 12 any corporation other than a domestic corporation. 13 7. g. “Internal Revenue Code” means the Internal Revenue 14 Code of 1954, prior to the date of its redesignation as the 15 Internal Revenue Code of 1986 by the Tax Reform Act of 1986, 16 or means the Internal Revenue Code of 1986 as amended to and 17 including January 1, 2008. 18 8. h. “Nonbusiness income” means all income other than 19 business income. 20 9. i. “State” means any state of the United States, the 21 District of Columbia, the Commonwealth of Puerto Rico, any 22 territory or possession of the United States, and any foreign 23 country or political subdivision thereof. 24 10. j. “Taxable in another state”. For purposes of 25 allocation and apportionment of income under this division , a 26 taxpayer is taxable “taxable in another state state” if: 27 a. (1) In that state the taxpayer is subject to a net 28 income tax, a franchise tax measured by net income, a franchise 29 tax for the privilege of doing business, or a corporate stock 30 tax; or 31 b. (2) That state has jurisdiction to subject the taxpayer 32 to a net income tax regardless of whether, in fact, the state 33 does or does not. 34 11. k. The term “unitary “Unitary business” means a 35 -18- LSB 1437HV (2) 84 lh/rj 18/ 114
H.F. 566 business carried on partly within and partly without a state 1 where the portion of the business carried on within the state 2 depends on or contributes to the business outside the state. 3 2. The words, terms, and phrases defined in division II, 4 section 422.4, subsections 4 to 6 , 8 , 9 , 13 , and 15 to 17 , when 5 used in this division , shall have the meanings ascribed to them 6 in said section except where the context clearly indicates a 7 different meaning. 8 Sec. 41. Section 423.3, subsection 92, paragraph a, 9 subparagraphs (1) and (2), Code 2011, are amended to read as 10 follows: 11 (1) The sales price from the sale or rental of computers 12 and equipment that are necessary for the maintenance and 13 operation of a web search portal and property whether directly 14 or indirectly connected to the computers, including but 15 not limited to cooling systems, cooling towers, and other 16 temperature control infrastructure; power infrastructure for 17 transformation, distribution, or management of electricity used 18 for the maintenance and operation of the web search portal, 19 including but not limited to exterior dedicated business-owned 20 substations, back-up backup power generation systems, battery 21 systems, and related infrastructure; and racking systems, 22 cabling, and trays, which are necessary for the maintenance and 23 operation of the web search portal. 24 (2) The sales price of back-up backup power generation fuel, 25 that is purchased by a web search portal business for use in 26 the items listed in subparagraph (1). 27 Sec. 42. Section 423.3, subsection 93, paragraph a, 28 subparagraphs (1) and (2), Code 2011, are amended to read as 29 follows: 30 (1) The sales price from the sale or rental of computers 31 and equipment that are necessary for the maintenance and 32 operation of a web search portal business and property whether 33 directly or indirectly connected to the computers, including 34 but not limited to cooling systems, cooling towers, and other 35 -19- LSB 1437HV (2) 84 lh/rj 19/ 114
H.F. 566 temperature control infrastructure; power infrastructure for 1 transformation, distribution, or management of electricity used 2 for the maintenance and operation of the web search portal 3 business, including but not limited to exterior dedicated 4 business-owned substations, back-up backup power generation 5 systems, battery systems, and related infrastructure; and 6 racking systems, cabling, and trays, which are necessary 7 for the maintenance and operation of the web search portal 8 business. 9 (2) The sales price of back-up backup power generation fuel, 10 that is purchased by a web search portal business for use in 11 the items listed in subparagraph (1). 12 Sec. 43. Section 423F.5, subsection 1, Code 2011, is amended 13 to read as follows: 14 1. A school district shall include as part of its financial 15 audit for the budget year beginning July 1, 2007, and for each 16 subsequent budget year the amount received during the year 17 pursuant to chapter 423E or 423F this chapter , as applicable. 18 In addition, the financial audit shall include the amount of 19 bond levies, physical plant and equipment levy, and public 20 educational and recreational levy reduced as a result of the 21 moneys received under chapter 423E or 423F this chapter , as 22 applicable. The amount of the reductions shall be stated 23 in terms of dollars and cents per one thousand dollars of 24 valuation and in total amount of property tax dollars. Also 25 included shall be an accounting of the amount of moneys 26 received which were spent for infrastructure purposes pursuant 27 to chapter 423E or 423F this chapter , as applicable. 28 Sec. 44. Section 427.1, subsection 35, paragraph a, Code 29 2011, is amended to read as follows: 30 a. Property, other than land and buildings and other 31 improvements, that is utilized by a web search portal business 32 as defined in and meeting the requirements of section 423.3, 33 subsection 92 , including computers and equipment that are 34 necessary for the maintenance and operation of a web search 35 -20- LSB 1437HV (2) 84 lh/rj 20/ 114
H.F. 566 portal and other property whether directly or indirectly 1 connected to the computers, including but not limited to 2 cooling systems, cooling towers, and other temperature control 3 infrastructure; power infrastructure for transformation, 4 distribution, or management of electricity, including but not 5 limited to exterior dedicated business-owned substations, and 6 power distribution systems which are not subject to assessment 7 under chapter 437A ; racking systems, cabling, and trays; and 8 back-up backup power generation systems, battery systems, and 9 related infrastructure all of which are necessary for the 10 maintenance and operation of the web search portal site. 11 Sec. 45. Section 427.1, subsection 36, paragraph a, Code 12 2011, is amended to read as follows: 13 a. Property, other than land and buildings and other 14 improvements, that is utilized by a web search portal business 15 as defined in and meeting the requirements of section 423.3, 16 subsection 93 , including computers and equipment that 17 are necessary for the maintenance and operation of a web 18 search portal business and other property whether directly 19 or indirectly connected to the computers, including but 20 not limited to cooling systems, cooling towers, and other 21 temperature control infrastructure; power infrastructure for 22 transformation, distribution, or management of electricity, 23 including but not limited to exterior dedicated business-owned 24 substations, and power distribution systems which are not 25 subject to assessment under chapter 437A ; racking systems, 26 cabling, and trays; and back-up backup power generation 27 systems, battery systems, and related infrastructure all of 28 which are necessary for the maintenance and operation of the 29 web search portal business. 30 Sec. 46. Section 435.23, Code 2011, is amended to read as 31 follows: 32 435.23 Exemptions —— prorating tax. 33 1. The manufacturer’s and retailer’s inventory of mobile 34 homes, manufactured homes, or modular homes not in use as a 35 -21- LSB 1437HV (2) 84 lh/rj 21/ 114
H.F. 566 place of human habitation shall be exempt from the annual tax. 1 All travel trailers shall be exempt from this tax. The homes 2 and travel trailers in the inventory of manufacturers and 3 retailers shall be exempt from personal property tax. 4 2. The homes coming into Iowa from out of state and located 5 in a manufactured home community or mobile home park shall 6 be liable for the tax computed pro rata to the nearest whole 7 month, for the time the home is actually situated in Iowa. 8 Sec. 47. Section 441.49, Code 2011, is amended to read as 9 follows: 10 441.49 Adjustment by auditor. 11 1. a. The director shall keep a record of the review and 12 adjustment proceedings and finish the proceedings on or before 13 October 1 unless for good cause the proceedings cannot be 14 completed by that date. The director shall notify each county 15 auditor by mail of the final action taken at the proceedings 16 and specify any adjustments in the valuations of any class of 17 property to be made effective for the jurisdiction. 18 b. However, an assessing jurisdiction may request the 19 director to permit the use of an alternative method of 20 applying the equalization order to the property values in the 21 assessing jurisdiction, provided that the final valuation 22 shall be equivalent to the director’s equalization order. The 23 assessing jurisdiction shall notify the county auditor of 24 the request for the use of an alternative method of applying 25 the equalization order and the director’s disposition of the 26 request. The request to use an alternative method of applying 27 the equalization order, including procedures for notifying 28 affected property owners and appealing valuation adjustments, 29 shall be made within ten days from the date the county auditor 30 receives the equalization order and the valuation adjustments, 31 and appeal procedures shall be completed by November 30 of the 32 year of the equalization order. Compliance with the provisions 33 of section 441.21 is sufficient grounds for the director 34 to permit the use of an alternative method of applying the 35 -22- LSB 1437HV (2) 84 lh/rj 22/ 114
H.F. 566 equalization order. 1 2. a. On or before October 15 the county auditor shall 2 cause to be published in official newspapers of general 3 circulation the final equalization order. The publication 4 shall include, in type larger than the remainder of the 5 publication, the following statement: 6 “Assessed Assessed values are equalized by the department of 7 revenue every two years. Local taxing authorities determine 8 the final tax levies and may reduce property tax rates to 9 compensate for any increase in valuation due to equalization.” 10 equalization. 11 b. Failure to publish the equalization order has no effect 12 upon the validity of the orders. 13 3. The county auditor shall add to or deduct from the 14 valuation of each class of property in the county the required 15 percentage, rejecting all fractions of fifty cents or less 16 in the result, and counting all fractions over fifty cents 17 as one dollar. For any special charter city that levies and 18 collects its own tax based on current year assessed values, 19 the equalization percentage shall be applied to the following 20 year’s values, and shall be considered the equalized values for 21 that year for purposes of this chapter . 22 4. The local board of review shall reconvene in special 23 session from October 15 to November 15 for the purpose of 24 hearing the protests of affected property owners or taxpayers 25 within the jurisdiction of the board whose valuation of 26 property if adjusted pursuant to the equalization order issued 27 by the director of revenue will result in a greater value than 28 permitted under section 441.21 . The board of review shall 29 accept protests only during the first ten days following the 30 date the local board of review reconvenes. The board of review 31 shall limit its review to only the timely filed protests. The 32 board of review may adjust all or a part of the percentage 33 increase ordered by the director of revenue by adjusting the 34 actual value of the property under protest to one hundred 35 -23- LSB 1437HV (2) 84 lh/rj 23/ 114
H.F. 566 percent of actual value. Any adjustment so determined by 1 the board of review shall not exceed the percentage increase 2 provided for in the director’s equalization order. The 3 determination of the board of review on filed protests is 4 final, subject to appeal to the property assessment appeal 5 board. A final decision by the local board of review, or the 6 property assessment appeal board, if the local board’s decision 7 is appealed, is subject to review by the director of revenue 8 for the purpose of determining whether the board’s actions 9 substantially altered the equalization order. In making the 10 review, the director has all the powers provided in chapter 11 421 , and in exercising the powers the director is not subject 12 to chapter 17A . Not later than fifteen days following the 13 adjournment of the board, the board of review shall submit to 14 the director of revenue, on forms prescribed by the director, a 15 report of all actions taken by the board of review during this 16 session. 17 5. Not later than ten days after the date the final 18 equalization order is issued, the city or county officials of 19 the affected county or assessing jurisdiction may appeal the 20 final equalization order to the state board of tax review. The 21 appeal shall not delay the implementation of the equalization 22 orders. 23 6. Tentative and final equalization orders issued by the 24 director of revenue are not rules as defined in section 17A.2, 25 subsection 7 . 26 Sec. 48. Section 453A.13, subsections 3 and 4, Code 2011, 27 are amended to read as follows: 28 3. Fees —— expiration. 29 a. All permits provided for in this division shall expire 30 on June 30 of each year. A permit shall not be granted or 31 issued until the applicant has paid for the period ending June 32 30 next, to the department or the city or county granting the 33 permit, the fees provided for in this division . The annual 34 state permit fee for a distributor, cigarette vendor, and 35 -24- LSB 1437HV (2) 84 lh/rj 24/ 114
H.F. 566 wholesaler is one hundred dollars when the permit is granted 1 during the months of July, August, or September. However, 2 whenever a state permit holder operates more than one place of 3 business, a duplicate state permit shall be issued for each 4 additional place of business on payment of five dollars for 5 each duplicate state permit, but refunds as provided in this 6 division do not apply to any duplicate permit issued. 7 b. The fee for retail permits is as follows when the permit 8 is granted during the months of July, August, or September: 9 a. (1) In places outside any city, fifty dollars. 10 b. (2) In cities of less than fifteen thousand population, 11 seventy-five dollars. 12 c. (3) In cities of fifteen thousand or more population, 13 one hundred dollars. 14 c. If any permit is granted during the months of October, 15 November, or December, the fee shall be three-fourths of 16 the above maximum schedule; if granted during the months of 17 January, February, or March, one-half of the maximum schedule, 18 and if granted during the months of April, May, or June, 19 one-fourth of the maximum schedule. 20 4. Refunds. 21 a. An unrevoked permit for which the holder has paid the 22 full annual fee may be surrendered during the first nine months 23 of said year to the officer issuing it, and the department, or 24 the city or county granting the permit shall make refunds to 25 the said holder as follows: 26 (1) Three-fourths of the annual fee if the surrender is made 27 during July, August, or September. 28 (2) One-half of the annual fee if the surrender is made 29 during October, November, or December. 30 (3) One-fourth of the annual fee if the surrender is made 31 during January, February, or March. 32 b. An unrevoked permit for which the holder has paid 33 three-fourths of a full annual fee may be so surrendered during 34 the first six months of the period covered by said payment and 35 -25- LSB 1437HV (2) 84 lh/rj 25/ 114
H.F. 566 the said department, city or county shall make refunds to the 1 holder as follows: 2 (1) A sum equal to one-half of an annual fee if the 3 surrender is made during October, November or December. 4 (2) A sum equal to one-fourth of an annual fee if the 5 surrender is made during January, February or March. 6 c. An unrevoked permit for which the holder has paid 7 one-half of a full annual fee may be so surrendered during the 8 first three months of the period covered by said that payment, 9 and the department, city or county, shall refund to the holder 10 a sum equal to one-fourth of an annual fee. 11 Sec. 49. Section 455B.134, subsection 3, paragraph d, 12 subparagraph (2), Code 2011, is amended to read as follows: 13 (2) In applications for conditional permits for electric 14 power generating facilities, the applicant shall quantify the 15 potential to emit greenhouse gas emissions gases due to the 16 proposed project. 17 Sec. 50. Section 455B.134, subsection 3, paragraph g, Code 18 2011, is amended to read as follows: 19 g. All applications for construction permits or prevention 20 of significant deterioration permits shall quantify the 21 potential to emit greenhouse gas emissions gases due to the 22 proposed project. 23 Sec. 51. Section 455B.172, subsection 11, paragraph a, 24 unnumbered paragraph 1, Code 2011, is amended to read as 25 follows: 26 A If a building where a person resides, congregates, or is 27 employed that is served by a private sewage disposal system , 28 shall have the sewage disposal system serving the building 29 shall be inspected prior to any transfer of ownership of the 30 building. The requirements of this subsection shall be applied 31 to all types of ownership transfer including at the time a 32 seller-financed real estate contract is signed. The county 33 recorder shall not record a deed or any other property transfer 34 or conveyance document until either a certified inspector’s 35 -26- LSB 1437HV (2) 84 lh/rj 26/ 114
H.F. 566 report is provided which documents the condition of the private 1 sewage disposal system and whether any modifications are 2 required to conform to standards adopted by the department 3 or, in the event that weather or other temporary physical 4 conditions prevent the certified inspection from being 5 conducted, the buyer has executed and submitted a binding 6 acknowledgment with the county board of health to conduct a 7 certified inspection of the private sewage disposal system 8 at the earliest practicable time and to be responsible for 9 any required modifications to the private sewage disposal 10 system as identified by the certified inspection. Any type of 11 on-site treatment unit or private sewage disposal system must 12 be inspected according to rules developed by the department. 13 For the purposes of this subsection , “transfer” means the 14 transfer or conveyance by sale, exchange, real estate contract, 15 or any other method by which real estate and improvements are 16 purchased, if the property includes at least one but not more 17 than four dwelling units. However, “transfer” does not include 18 any of the following: 19 Sec. 52. Section 455B.305, subsection 1, paragraph c, Code 20 2011, is amended to read as follows: 21 c. A permit may be suspended or revoked by the director if a 22 sanitary disposal project is found not to meet the requirements 23 of this part 1 or the rules adopted pursuant to this part 1. 24 The suspension or revocation of a permit may be appealed to the 25 department. 26 Sec. 53. Section 455E.11, subsection 2, paragraph d, 27 subparagraph (3), Code 2011, is amended to read as follows: 28 (3) Each fiscal year, the department of natural resources 29 shall enter into an agreement with the Iowa comprehensive 30 petroleum underground storage tank fund board for the 31 completion of administrative tasks during the fiscal year 32 directly related to the evaluation and modification of risk 33 based corrective action rules as necessary and processes that 34 affect the administration in subparagraph (2). 35 -27- LSB 1437HV (2) 84 lh/rj 27/ 114
H.F. 566 Sec. 54. Section 455G.4, subsection 1, paragraph a, 1 subparagraph (4), Code 2011, is amended to read as follows: 2 (4) Two public members appointed by the governor and 3 confirmed by the senate to staggered four-year terms, except 4 that, of the first members appointed, one public member shall 5 be appointed for a term of two years and one for a term of four 6 years. A public member shall have experience, knowledge, and 7 expertise of the subject matter embraced within this chapter . 8 Two The two public members shall be appointed with have 9 experience in either, or both, financial markets or insurance. 10 Sec. 55. Section 456A.17, subsection 4, Code 2011, is 11 amended to read as follows: 12 4. The state conservation fund, except as otherwise 13 provided, consists of all other funds accruing to the 14 department for the purposes embraced by this chapter . 15 Sec. 56. Section 456A.19, unnumbered paragraph 5, Code 16 2011, is amended to read as follows: 17 All other expenditures shall be paid from the state 18 conservation fund. 19 Sec. 57. Section 462A.26, subsection 3, paragraph b, Code 20 2011, is amended to read as follows: 21 b. On all inland lakes and federal impoundments under the 22 jurisdiction of the commission . , a motorboat shall not be 23 operated within three hundred feet of shore at a speed greater 24 than ten miles per hour. 25 A motorboat shall not be operated within three hundred feet 26 of shore at a speed greater than ten miles per hour. 27 Sec. 58. Section 463C.17, Code 2011, is amended to read as 28 follows: 29 463C.17 Exemption from certain laws. 30 The authority, the department, and their agents and 31 contracts entered into by the authority, the department, 32 and their agents, in carrying out its public and essential 33 governmental functions are exempt from the laws of the state 34 which provide for competitive bids, term-length term length , 35 -28- LSB 1437HV (2) 84 lh/rj 28/ 114
H.F. 566 and hearings in connection with contracts, except as provided 1 in section 12.30 . However, the exemption from competitive 2 bid laws in this section shall not be construed to apply to 3 contracts for the development or construction of facilities in 4 the park, including , but not limited to , lodges, campgrounds, 5 cabins, and golf courses. 6 Sec. 59. Section 468.586, Code 2011, is amended to read as 7 follows: 8 468.586 Assessment of costs of drainage improvements. 9 A county may assess to property within an urban drainage 10 district the cost of a drainage improvement within the county 11 and drainage facilities extending outside the county. A county 12 is empowered to proceed and construct and to assess the cost of 13 a drainage improvement within a district in the same manner as 14 a city may proceed under division IV of chapter 384 , division 15 IV, and the provisions of division IV of chapter 384 , division 16 IV, apply to counties with respect to drainage improvements, 17 the assessment of their costs and the issuance of bonds for the 18 improvements. A county may contract for a drainage improvement 19 within a district under this part pursuant to part 3 of 20 division III of chapter 331 , division III, part 3 . 21 Sec. 60. Section 499B.17, Code 2011, is amended to read as 22 follows: 23 499B.17 Lien against owner of unit. 24 All sums assessed by the council of co-owners but unpaid 25 for the share of the common expenses chargeable to any 26 apartment shall constitute a lien on such apartment prior to 27 all other liens except only (1) tax liens on the apartment 28 in favor of any assessing unit and special district , and (2) 29 all sums unpaid on a first mortgage of record. Such lien 30 may be foreclosed by suit by the council of co-owners or the 31 representatives thereof, acting on behalf of the apartment 32 owners, in like manner as a mortgage of real property. In the 33 event of any such foreclosure, the apartment owner shall be 34 required to pay a reasonable rental for the apartment if so 35 -29- LSB 1437HV (2) 84 lh/rj 29/ 114
H.F. 566 provided in the bylaws, and the plaintiff in such foreclosure 1 shall be entitled to the appointment of a receiver to collect 2 the same. The council of co-owners or the representatives 3 thereof, acting on behalf of the apartment owners, shall have 4 power, unless prohibited by the declaration, to bid in the 5 apartment at foreclosure sale, and to acquire and hold, lease, 6 mortgage and convey the same. Suit to recover a money judgment 7 for unpaid common expenses shall be maintainable without 8 foreclosing or waiving the lien securing the same. 9 Sec. 61. Section 505.28, Code 2011, is amended to read as 10 follows: 11 505.28 Consent to jurisdiction. 12 A person committing any act governed by chapter 502 , 13 502A , 505 this chapter, chapters 505A through 523G , or 523I 14 constitutes consent by that person to the jurisdiction of the 15 commissioner of insurance and the district courts of this 16 state. 17 Sec. 62. Section 505.29, Code 2011, is amended to read as 18 follows: 19 505.29 Administrative hearings. 20 The commissioner of insurance shall have the authority 21 to appoint as a hearing officer a designee or an independent 22 administrative law judge. Duties of a hearing officer shall 23 include hearing contested cases arising from conduct governed 24 by chapters 502 , 502A , 505 this chapter, chapters 505A through 25 523G , and 523I . Sections 10A.801 and 17A.11 do not apply to 26 the appointment of a designee or an administrative law judge 27 pursuant to this section . 28 Sec. 63. Section 515E.4, subsection 4, Code 2011, is amended 29 to read as follows: 30 4. Compliance with unfair claims claim settlement practices 31 law. A risk retention group, its agents, and representatives, 32 shall comply with the unfair claims claim settlement practices 33 law in section 507B.4, subsection 10 . 34 Sec. 64. Section 533.301, subsection 1, unnumbered 35 -30- LSB 1437HV (2) 84 lh/rj 30/ 114
H.F. 566 paragraph 1, Code 2011, is amended to read as follows: 1 Receive payments for ownership shares, for other shares, or 2 as deposits from any or all of the following: 3 Sec. 65. Section 535.2, subsection 6, paragraph a, Code 4 2011, is amended to read as follows: 5 a. Notwithstanding the provisions of 1980 Iowa Acts of the 6 Sixty-eighth General Assembly , chapter 1156 , with respect to 7 any agreement which was executed on or after August 3, 1978 , 8 and prior to July 1, 1979, and which contained a provision 9 for the adjustment of the rate of interest specified in the 10 agreement, the maximum lawful rate of interest which may be 11 imposed under that agreement shall be that rate which is two 12 and one-half percentage points above the rate initially to be 13 paid under the agreement, provided that the greatest interest 14 rate adjustment which may be made at any one time shall be 15 one-half of one percent and an interest rate adjustment may 16 not be made until at least one year has passed since the last 17 interest rate adjustment, and any excess charge shall be a 18 violation of section 535.4 . 19 Sec. 66. Section 535A.6, subsection 1, Code 2011, is amended 20 to read as follows: 21 1. Any person who has been aggrieved as a result of a 22 violation of sections 535A.1 through 535A.3 , this section, 23 or sections 535A.6 535A.7 through 535A.9 may bring an action 24 in the district court of the county in which the violation 25 occurred or in the county where the financial institution 26 involved is located. 27 Sec. 67. Section 536.19, Code 2011, is amended to read as 28 follows: 29 536.19 Violations. 30 Any person, partnership, association, or corporation and the 31 several members, officers, directors, agents, and employees 32 thereof, who shall violate or participate in the violation 33 of any of the provisions of section 536.1 , 536.12 , 536.13 or 34 536.14 , which are not also violations of chapter 537, article 35 -31- LSB 1437HV (2) 84 lh/rj 31/ 114
H.F. 566 5, part 3 , of the Iowa consumer credit code , chapter 537 , shall 1 be guilty of a serious misdemeanor. Violations of the Iowa 2 consumer credit code, chapter 537 , shall be subject to the 3 penalties provided therein. 4 Sec. 68. Section 537.3203, Code 2011, is amended to read as 5 follows: 6 537.3203 Notice to consumer. 7 The creditor shall give to the consumer a copy of any 8 writing evidencing a consumer credit transaction, other than 9 one pursuant to open end credit, if the writing requires or 10 provides for signature of the consumer. The writing evidencing 11 the consumer’s obligation to pay under a consumer credit 12 transaction, other than one pursuant to open end credit, shall 13 contain a clear and conspicuous notice to the consumer that 14 the consumer should not sign it before reading it, that the 15 consumer is entitled to a copy of it, and, except in the case 16 of a consumer lease, that the consumer is entitled to prepay 17 the unpaid balance at any time with such penalty and minimum 18 charges as the agreement and section 537.2510 may permit, 19 and may be entitled to receive a refund of unearned charges 20 in accordance with law. The following notices if clear and 21 conspicuous comply with this section : 22 1. In all transactions to which this section applies: 23 NOTICE TO CONSUMER : 24 1. Do not sign this paper before you read it. 25 2. You are entitled to a copy of this paper. 26 3. You may prepay the unpaid balance at any time without 27 penalty and may be entitled to receive a refund of unearned 28 charges in accordance with law. 29 2. In addition, in a transaction in which a minimum charge 30 will be collected or retained, the notice to consumer shall 31 state : 32 4. If you prepay the unpaid balance, you may have to pay a 33 minimum charge not greater than seven dollars and fifty cents. 34 Sec. 69. Section 572.13, subsection 2, Code 2011, is amended 35 -32- LSB 1437HV (2) 84 lh/rj 32/ 114
H.F. 566 to read as follows: 1 2. a. An original contractor who enters into a contract 2 for an owner-occupied dwelling and who has contracted or will 3 contract with a subcontractor to provide labor or furnish 4 material for the dwelling shall include the following notice in 5 any written contract with the owner and shall provide the owner 6 with a copy of the written contract: 7 Persons or companies furnishing labor or materials for the 8 improvement of real property may enforce a lien upon the 9 improved property if they are not paid for their contributions, 10 even if the parties have no direct contractual relationship 11 with the owner. 12 b. If no written contract is entered into between the 13 original contractor and the dwelling owner, the original 14 contractor shall, within ten days of commencement of work on 15 the dwelling, provide written notice to the dwelling owner 16 stating the name and address of all subcontractors that the 17 contractor intends to use for the construction and, that 18 the subcontractors or suppliers may have lien rights in the 19 event they are not paid for their labor or material used on 20 this site; and the notice shall be updated as additional 21 subcontractors and suppliers are used from the names disclosed 22 on earlier notices. 23 c. An original contractor who fails to provide notice under 24 this section is not entitled to the lien and remedy provided by 25 this chapter . 26 Sec. 70. Section 617.3, subsection 3, Code 2011, is amended 27 to read as follows: 28 3. Service of such process or original notice shall be made 29 (1) by filing duplicate copies of said process or original 30 notice with said secretary of state, together with a fee of 31 ten dollars, and (2) by mailing to the defendant and to each 32 of them if more than one, by registered or certified mail, a 33 notification of said filing with the secretary of state, the 34 same to be so mailed within ten days after such filing with the 35 -33- LSB 1437HV (2) 84 lh/rj 33/ 114
H.F. 566 secretary of state. Such notification shall be mailed to each 1 foreign corporation at the address of its principal office in 2 the state or country under the laws of which it is incorporated 3 and to each such nonresident person at an address in the state 4 of residence. The defendant shall have sixty days from the 5 date of such filing with the secretary of state within which 6 to appear. Proof of service shall be made by filing in court 7 the duplicate copy of the process or original notice with the 8 secretary of state’s certificate of filing, and the affidavit 9 of the plaintiff or the plaintiff’s attorney of compliance 10 herewith. 11 Sec. 71. Section 622.62, subsection 3, Code 2011, is amended 12 to read as follows: 13 3. The actions of any court of this state in taking judicial 14 notice of the existence and content of a city ordinance in any 15 proceeding which was commenced between the first day of July, 16 1973 , and April 17, 1976 , shall be conclusively presumed to 17 be lawful, and to the extent required by this section , this 18 section is retroactive. 19 Sec. 72. Section 631.17, subsection 1, paragraph c, Code 20 2011, is amended to read as follows: 21 c. A pattern of conduct in violation of article 7 of chapter 22 537 , article 7 . 23 Sec. 73. Section 633.279, subsection 2, Code 2011, is 24 amended to read as follows: 25 2. Self-proved will. 26 a. An attested will may be made self-proved at the time of 27 its execution, or at any subsequent date, by the acknowledgment 28 thereof by the testator and the affidavits of the witnesses, 29 each made before a person authorized to administer oaths 30 and take acknowledgments under the laws of this state, and 31 evidenced by such person’s certificate, under seal, attached 32 or annexed to the will, in form and content substantially as 33 follows: 34 Affidavit 35 -34- LSB 1437HV (2) 84 lh/rj 34/ 114
H.F. 566 State of ...... ) 1 County of ...... ) ss 2 We, the undersigned, ....... , ....... and ......... , the 3 testator and the witnesses, respectively, whose names are 4 signed to the attached or foregoing instrument, being first 5 duly sworn, declare to the undersigned authority that said 6 instrument is the testator’s will and that the testator 7 willingly signed and executed such instrument, or expressly 8 directed another to sign the same in the presence of the 9 witnesses, as a free and voluntary act for the purposes therein 10 expressed; that said witnesses, and each of them, declare to 11 the undersigned authority that such will was executed and 12 acknowledged by the testator as the testator’s will in their 13 presence and that they, in the testator’s presence, at the 14 testator’s request, and in the presence of each other, did 15 subscribe their names thereto as attesting witnesses on the 16 date of the date of such will; and that the testator, at the 17 time of the execution of such instrument, was of full age and 18 of sound mind and that the witnesses were sixteen years of age 19 or older and otherwise competent to be witnesses. 20 ......... 21 Testator 22 ......... 23 Witness 24 ......... 25 Witness 26 Subscribed, sworn and acknowledged before me by ........ , 27 the testator; and subscribed and sworn before me by ........ 28 and ....... , witnesses, this ... day of ...... (month), ... 29 (year) 30 ............ 31 Notary Public, or other officer 32 (Seal) authorized to take and certify 33 acknowledgments and 34 administer oaths 35 -35- LSB 1437HV (2) 84 lh/rj 35/ 114
H.F. 566 b. A self-proved will shall constitute proof of due 1 execution of such instrument as required by section 633.293 and 2 may be admitted to probate without testimony of witnesses. 3 Sec. 74. Section 633.675, Code 2011, is amended to read as 4 follows: 5 633.675 Cause for termination. 6 1. A guardianship shall cease, and a conservatorship 7 shall terminate, upon the occurrence of any of the following 8 circumstances: 9 1. a. If the ward is a minor, when the ward reaches full 10 age. 11 2. b. The death of the ward. 12 3. c. A determination by the court that the ward is no 13 longer a person whose decision-making capacity is so impaired 14 as to bring the ward within the categories of section 633.552, 15 subsection 2 , paragraph “a” , or section 633.566, subsection 2 , 16 paragraph “a” . In a proceeding to terminate a guardianship or 17 a conservatorship, the ward shall make a prima facie showing 18 that the ward has some decision-making capacity. Once the 19 ward has made that showing, the guardian or conservator has 20 the burden to prove by clear and convincing evidence that the 21 ward’s decision-making capacity is so impaired, as provided 22 in section 633.552, subsection 2 , paragraph “a” , or section 23 633.566, subsection 2 , paragraph “a” , that the guardianship or 24 conservatorship should not be terminated. 25 4. d. Upon determination by the court that the 26 conservatorship or guardianship is no longer necessary for any 27 other reason. 28 5. 2. Notwithstanding subsections 1 subsection 1, 29 paragraphs “a” through 4 “d” , if the court appointed a guardian 30 for a minor child for whom the court’s jurisdiction over the 31 child’s guardianship was established pursuant to transfer of 32 the child’s case in accordance with section 232.104 , the court 33 shall not enter an order terminating the guardianship before 34 the child becomes age eighteen unless the court finds by clear 35 -36- LSB 1437HV (2) 84 lh/rj 36/ 114
H.F. 566 and convincing evidence that the best interests of the child 1 warrant a return of custody to the child’s parent. 2 Sec. 75. Section 633.707, subsection 4, Code 2011, is 3 amended to read as follows: 4 4. The extent to which the respondent has ties to the 5 state such as voting voter registration, state or local tax 6 return filing, vehicle registration, driver’s license, social 7 relationship relationships , and receipt of services. 8 Sec. 76. Section 642.5, Code 2011, is amended to read as 9 follows: 10 642.5 Sheriff may take answers. 11 1. When the plaintiff, in writing, directs the sheriff to 12 take the answer of the garnishee, the sheriff shall put to the 13 garnishee the following questions: 14 1. Are you in any manner indebted to the defendant in this 15 suit, or do you owe the defendant money or property which is 16 not yet due? If so, state the particulars. 17 2. Have you in your possession or under your control any 18 property, rights, or credits of the said defendants? If so, 19 what is the value of the same? State all particulars. 20 3. Do you know of any debts owing the said defendant, 21 whether due or not due, or any property, rights, or credits 22 belonging to the defendant and now in the possession or under 23 the control of others? If so, state the particulars. 24 4. Do you compensate the defendant in this suit for any 25 personal services whether denominated as wages, salary, 26 commission, bonus or otherwise, including periodic payments 27 pursuant to a pension or retirement program? If so, state the 28 amount of the compensation reasonably anticipated to be paid 29 defendant during the calendar year. 30 2. The sheriff shall append the examination to the sheriff’s 31 return. 32 Sec. 77. Section 642.21, subsection 1, unnumbered paragraph 33 1, Code 2011, is amended to read as follows: 34 The disposable earnings of an individual are exempt from 35 -37- LSB 1437HV (2) 84 lh/rj 37/ 114
H.F. 566 garnishment to the extent provided by the federal Consumer 1 Credit Protection Act, Title Tit. III, 15 U.S.C. § 1671 1677 2 (1982). The maximum amount of an employee’s earnings which 3 may be garnished during any one calendar year is two hundred 4 fifty dollars for each judgment creditor, except as provided 5 in chapter 252D and sections 598.22 , 598.23 , and 627.12 , or 6 when those earnings are reasonably expected to be in excess of 7 twelve thousand dollars for that calendar year as determined 8 from the answers taken by the sheriff or by the court pursuant 9 to section 642.5, subsection 4 question number four . When the 10 employee’s earnings are reasonably expected to be more than 11 twelve thousand dollars the maximum amount of those earnings 12 which may be garnished during a calendar year for each creditor 13 is as follows: 14 Sec. 78. Section 692A.118, subsection 11, Code 2011, is 15 amended to read as follows: 16 11. When the department has a reasonable basis to believe 17 that a sex offender has changed residence to an unknown 18 location, has become a fugitive from justice, or who has 19 otherwise taken flight, the department shall make a reasonable 20 effort to ascertain the whereabouts of the offender, and if 21 such effort fails to identify the location of the offender, an 22 appropriate notice shall be made on the sex offender registry 23 internet site of this state and shall be transmitted to the 24 national sex offender registry. The department shall notify 25 other law enforcement agencies as deemed appropriate. 26 Sec. 79. Section 904.312B, Code 2011, is amended to read as 27 follows: 28 904.312B Purchase of bio-based biobased hydraulic fluids, 29 greases, and other industrial lubricants. 30 The department when purchasing hydraulic fluids, greases, 31 and other industrial lubricants shall give preference to 32 purchasing bio-based biobased hydraulic fluids, greases, and 33 other industrial lubricants as provided in section 8A.316 . 34 Sec. 80. CODE EDITOR DIRECTIVE. Section 135.80 shall be 35 -38- LSB 1437HV (2) 84 lh/rj 38/ 114
H.F. 566 transferred to new section 135.180. 1 Sec. 81. 2010 Iowa Acts, chapter 1192, section 78, is 2 amended by striking the section and inserting in lieu thereof 3 the following: 4 SEC. 78. Section 135N.3, subsection 2, unnumbered paragraph 5 1, Code 2009, is amended to read as follows: 6 The committee shall review and make recommendations to the 7 director center for congenital and inherited disorders advisory 8 committee established by rule of the department pursuant to 9 chapter 136A concerning but not limited to the following: 10 DIVISION II 11 VOLUME IV RENUMBERINGS 12 Sec. 82. Section 422.60, subsection 2, Code 2011, is amended 13 to read as follows: 14 2. a. In addition to all taxes imposed under this division , 15 there is imposed upon each financial institution doing business 16 within the state the greater of the tax determined in section 17 422.63 or the state alternative minimum tax equal to sixty 18 percent of the maximum state franchise tax rate, rounded to 19 the nearest one-tenth of one percent, of the state alternative 20 minimum taxable income of the taxpayer computed under this 21 subsection . 22 b. The state alternative minimum taxable income of a 23 taxpayer is equal to the taxpayer’s state taxable income as 24 computed with the adjustments in section 422.61, subsection 3 , 25 and with the following adjustments: 26 a. (1) Add items of tax preference included in federal 27 alternative minimum taxable income under section 57, except 28 subsections (a)(1) and (a)(5), of the Internal Revenue Code, 29 make the adjustments included in federal alternative minimum 30 taxable income under section 56, except subsections (a)(4), 31 (c)(1), (d), and (g), of the Internal Revenue Code, and add 32 losses as required by section 58 of the Internal Revenue Code. 33 b. (2) Make the adjustments provided in section 56(c)(1) 34 of the Internal Revenue Code, except that in making the 35 -39- LSB 1437HV (2) 84 lh/rj 39/ 114
H.F. 566 calculation under section 56(g)(1) of the Internal Revenue Code 1 the state alternative minimum taxable income, computed without 2 regard to the adjustments made by this paragraph subparagraph , 3 the exemption provided for in paragraph “d” subparagraph (4) , 4 and the state alternative tax net operating loss described in 5 paragraph “e” subparagraph (5) , shall be substituted for the 6 items described in section 56(g)(1)(B) of the Internal Revenue 7 Code. 8 c. (3) Apply the allocation and apportionment provisions 9 of section 422.63 . 10 d. (4) Subtract an exemption amount of forty thousand 11 dollars. This exemption amount shall be reduced, but not 12 below zero, by an amount equal to twenty-five percent of the 13 amount by which the alternative minimum taxable income of the 14 taxpayer, computed without regard to the exemption amount in 15 this paragraph subparagraph , exceeds one hundred fifty thousand 16 dollars. 17 e. (5) In the case of a net operating loss beginning 18 after December 31, 1986, which is carried back or carried 19 forward to the current taxable year, the net operating loss 20 shall be reduced by the amount of items of tax preference 21 and adjustments arising in the tax year which was taken into 22 account in computing the net operating loss in section 422.35, 23 subsection 11 . The deduction for a net operating loss for a 24 tax year beginning after December 31, 1986, which is carried 25 back or carried forward to the current taxable year shall not 26 exceed ninety percent of the alternative minimum taxable income 27 determined without regard for the net operating loss deduction. 28 Sec. 83. Section 422D.1, subsections 1 and 2, Code 2011, are 29 amended to read as follows: 30 1. a. A county board of supervisors may offer for voter 31 approval any of the following taxes or a combination of the 32 following taxes: 33 a. (1) Local option income surtax. 34 b. (2) An ad valorem property tax. 35 -40- LSB 1437HV (2) 84 lh/rj 40/ 114
H.F. 566 b. Revenues generated from these taxes shall be used for 1 emergency medical services as provided in section 422D.6 . 2 2. a. The taxes for emergency medical services shall only 3 be imposed after an election at which a majority of those 4 voting on the question of imposing the tax or combination of 5 taxes specified in subsection 1 , paragraph “a” , subparagraph 6 (1) or “b” (2) , vote in favor of the question. However, the 7 tax or combination of taxes specified in subsection 1 shall not 8 be imposed on property within or on residents of a benefited 9 emergency medical services district under chapter 357F . The 10 question of imposing the tax or combination of the taxes may 11 be submitted at the regular city election, a special election, 12 or state general election. Notice of the question shall be 13 provided by publication at least sixty days before the time 14 of the election and shall identify the tax or combination of 15 taxes and the rate or rates, as applicable. If a majority of 16 those voting on the question approve the imposition of the tax 17 or combination of taxes, the tax or combination of taxes shall 18 be imposed as follows: 19 a. (1) A local option income surtax shall be imposed for 20 tax years beginning on or after January 1 of the fiscal year in 21 which the favorable election was held. 22 b. (2) An ad valorem property tax shall be imposed for the 23 fiscal year in which the election was held. 24 b. Before a county imposes an income surtax as specified 25 in subsection 1 , paragraph “a” , subparagraph (1), a benefited 26 emergency medical services district in the county shall be 27 dissolved, and the county shall be liable for the outstanding 28 obligations of the benefited district. If the benefited 29 district extends into more than one county, the county imposing 30 the income surtax shall be liable for only that portion of the 31 obligations relating to the portion of the benefited district 32 in the county. 33 Sec. 84. Section 423.1, subsections 35 and 36, Code 2011, 34 are amended to read as follows: 35 -41- LSB 1437HV (2) 84 lh/rj 41/ 114
H.F. 566 35. “Place of business” means any warehouse, store, 1 place, office, building, or structure where goods, wares, or 2 merchandise are offered for sale at retail or where any taxable 3 amusement is conducted, or each office where gas, water, 4 heat, communication, or electric services are offered for 5 sale at retail. When a retailer or amusement operator sells 6 merchandise by means of vending machines or operates music or 7 amusement devices by coin-operated machines at more than one 8 location within the state, the office, building, or place where 9 the books, papers, and records of the taxpayer are kept shall 10 be deemed to be the taxpayer’s place of business. 11 When a retailer or amusement operator sells merchandise 12 by means of vending machines or operates music or amusement 13 devices by coin-operated machines at more than one location 14 within the state, the office, building, or place where the 15 books, papers, and records of the taxpayer are kept shall be 16 deemed to be the taxpayer’s place of business. 17 36. “Prewritten computer software” includes software 18 designed and developed by the author or other creator to the 19 specifications of a specific purchaser when it is sold to a 20 person other than the purchaser. The combining of two or more 21 prewritten computer software programs or prewritten portions 22 of prewritten programs does not cause the combination to be 23 other than prewritten computer software. “Prewritten computer 24 software” also means computer software, including prewritten 25 upgrades, which is not designed and developed by the author or 26 other creator to the specifications of a specific purchaser. 27 When a person modifies or enhances computer software of which 28 the person is not the author or creator, the person shall 29 be deemed to be the author or creator only of such person’s 30 modifications or enhancements. Prewritten computer software 31 or a prewritten portion of the prewritten software that is 32 modified or enhanced to any degree, when such modification or 33 enhancement is designed and developed to the specifications of 34 a specific purchaser, remains prewritten computer software. 35 -42- LSB 1437HV (2) 84 lh/rj 42/ 114
H.F. 566 However, when there is a reasonable, separately stated 1 charge or an invoice or other statement of the price given 2 to the purchaser for such modification or enhancement, such 3 modification or enhancement shall not constitute prewritten 4 computer software. 5 When a person modifies or enhances computer software of 6 which the person is not the author or creator, the person shall 7 be deemed to be the author or creator only of such person’s 8 modifications or enhancements. Prewritten computer software 9 or a prewritten portion of the prewritten software that is 10 modified or enhanced to any degree, when such modification or 11 enhancement is designed and developed to the specifications of 12 a specific purchaser, remains prewritten computer software. 13 However, when there is a reasonable, separately stated 14 charge or an invoice or other statement of the price given 15 to the purchaser for such modification or enhancement, such 16 modification or enhancement shall not constitute prewritten 17 computer software. 18 Sec. 85. Section 423.3, subsection 60, unnumbered 19 paragraphs 1 and 2, Code 2011, are amended to read as follows: 20 The sales price from the sale or rental of prescription 21 drugs, durable medical equipment, mobility enhancing equipment, 22 prosthetic devices, and other medical devices intended for 23 human use or consumption. For the purposes of this subsection: 24 For the purposes of this subsection : 25 Sec. 86. Section 423.3, subsection 68, paragraph c, 26 subparagraph (1), Code 2011, is amended to read as follows: 27 (1) “Clothing” means all human wearing apparel suitable for 28 general use. 29 (a) “Clothing” includes but is not limited to the 30 following: aprons, household and shop; athletic supporters; 31 baby receiving blankets; bathing suits and caps; beach capes 32 and coats; belts and suspenders; boots; coats and jackets; 33 costumes; diapers (children and adults, including disposable 34 diapers); earmuffs; footlets; formal wear; garters and garter 35 -43- LSB 1437HV (2) 84 lh/rj 43/ 114
H.F. 566 belts; girdles; gloves and mittens for general use; hats 1 and caps; hosiery; insoles for shoes; lab coats; neckties; 2 overshoes; pantyhose; rainwear; rubber pants; sandals; 3 scarves; shoes and shoelaces; slippers; sneakers; socks and 4 stockings; steel-toed shoes; underwear; uniforms, athletic and 5 nonathletic; and wedding apparel. 6 (b) “Clothing” does not include the following: belt 7 buckles sold separately; costume masks sold separately; patches 8 and emblems sold separately; sewing equipment and supplies 9 (including but not limited to knitting needles, patterns, pins, 10 scissors, sewing machines, sewing needles, tape measures, and 11 thimbles); and sewing materials that become part of clothing 12 (including but not limited to buttons, fabric, lace, thread, 13 yarn, and zippers). 14 Sec. 87. Section 423.3, subsection 77, Code 2011, is amended 15 to read as follows: 16 77. a. The sales price from the sale of aircraft to an 17 aircraft dealer who in turn rents or leases the aircraft if all 18 of the following apply: 19 a. (1) The aircraft is kept in the inventory of the dealer 20 for sale at all times. 21 b. (2) The dealer reserves the right to immediately take 22 the aircraft from the renter or lessee when a buyer is found. 23 c. (3) The renter or lessee is aware that the dealer will 24 immediately take the aircraft when a buyer is found. 25 b. If an aircraft exempt under this subsection is used for 26 any purpose other than leasing or renting, or the conditions 27 in paragraphs paragraph “a” , “b” , and “c” subparagraphs (1), 28 (2), and (3), are not continuously met, the dealer claiming 29 the exemption under this subsection is liable for the tax that 30 would have been due except for this subsection . The tax shall 31 be computed upon the original purchase price. 32 Sec. 88. Section 423.6, subsection 15, Code 2011, is amended 33 to read as follows: 34 15. a. Aircraft sold to an aircraft dealer who in turn 35 -44- LSB 1437HV (2) 84 lh/rj 44/ 114
H.F. 566 rents or leases the aircraft if all of the following apply: 1 a. (1) The aircraft is kept in the inventory of the dealer 2 for sale at all times. 3 b. (2) The dealer reserves the right to immediately take 4 the aircraft from the renter or lessee when a buyer is found. 5 c. (3) The renter or lessee is aware that the dealer will 6 immediately take the aircraft when a buyer is found. 7 b. If an aircraft exempt under this subsection is used for 8 any purpose other than leasing or renting, or the conditions 9 in paragraphs paragraph “a” , “b” , and “c” subparagraphs (1), 10 (2), and (3), are not continuously met, the dealer claiming 11 the exemption under this subsection is liable for the tax that 12 would have been due except for this subsection . The tax shall 13 be computed upon the original purchase price. 14 Sec. 89. Section 425.17, subsection 2, Code 2011, is amended 15 to read as follows: 16 2. a. “Claimant” means either of the following: 17 a. (1) A person filing a claim for credit or reimbursement 18 under this division who has attained the age of sixty-five 19 years on or before December 31 of the base year or who is 20 totally disabled and was totally disabled on or before December 21 31 of the base year and is domiciled in this state at the time 22 the claim is filed or at the time of the person’s death in the 23 case of a claim filed by the executor or administrator of the 24 claimant’s estate. 25 b. (2) A person filing a claim for credit or reimbursement 26 under this division who has attained the age of twenty-three 27 years on or before December 31 of the base year or was a head 28 of household on December 31 of the base year, as defined in 29 the Internal Revenue Code, but has not attained the age or 30 disability status described in paragraph “a” , subparagraph (1), 31 and is domiciled in this state at the time the claim is filed or 32 at the time of the person’s death in the case of a claim filed 33 by the executor or administrator of the claimant’s estate, and 34 was not claimed as a dependent on any other person’s tax return 35 -45- LSB 1437HV (2) 84 lh/rj 45/ 114
H.F. 566 for the base year. 1 b. “Claimant” under paragraph “a” , subparagraph (1) or “b” 2 (2), includes a vendee in possession under a contract for deed 3 and may include one or more joint tenants or tenants in common. 4 In the case of a claim for rent constituting property taxes 5 paid, the claimant shall have rented the property during any 6 part of the base year. In the case of a claim for property 7 taxes due, the claimant shall have occupied the property during 8 any part of the fiscal year beginning July 1 of the base year. 9 If a homestead is occupied by two or more persons, and more 10 than one person is able to qualify as a claimant, the persons 11 may each file a claim based upon each person’s income and rent 12 constituting property taxes paid or property taxes due. 13 Sec. 90. Section 435.22, Code 2011, is amended to read as 14 follows: 15 435.22 Annual tax —— credit. 16 1. The owner of each mobile home or manufactured home 17 located within a manufactured home community or mobile home 18 park shall pay to the county treasurer an annual tax. However, 19 when the owner is any educational institution and the home 20 is used solely for student housing or when the owner is the 21 state of Iowa or a subdivision of the state, the owner shall 22 be exempt from the tax. The annual tax shall be computed as 23 follows: 24 1. a. Multiply the number of square feet of floor space 25 each home contains when parked and in use by twenty cents. In 26 computing floor space, the exterior measurements of the home 27 shall be used as shown on the certificate of title, but not 28 including any area occupied by a hitching device. 29 2. b. (1) If the owner of the home is an Iowa resident, 30 has attained the age of twenty-three years on or before 31 December 31 of the base year, and has an income when included 32 with that of a spouse which is less than eight thousand five 33 hundred dollars per year, the annual tax shall not be imposed 34 on the home. If the income is eight thousand five hundred 35 -46- LSB 1437HV (2) 84 lh/rj 46/ 114
H.F. 566 dollars or more but less than sixteen thousand five hundred 1 dollars, the annual tax shall be computed as follows: 2 If the Household Annual Tax Per 3 Income is: Square Foot: 4 $ 8,500 —— 9,499.99 3.0 cents 5 9,500 —— 10,499.99 6.0 6 10,500 —— 12,499.99 10.0 7 12,500 —— 14,499.99 13.0 8 14,500 —— 16,499.99 15.0 9 (2) For purposes of this subsection paragraph “b” , “income” 10 means income as defined in section 425.17, subsection 7 , and 11 “base year” means the calendar year preceding the year in which 12 the claim for a reduced rate of tax is filed. The home reduced 13 rate of tax shall only be allowed on the home in which the 14 claimant is residing at the time the claim for a reduced rate 15 of tax is filed or was residing at the time of the claimant’s 16 death in the case of a claim filed on behalf of a deceased 17 claimant by the claimant’s legal guardian, spouse, or attorney, 18 or by the executor or administrator of the claimant’s estate. 19 (3) Beginning with the 1998 base year, the income dollar 20 amounts set forth in this subsection paragraph “b” shall be 21 multiplied by the cumulative adjustment factor for that base 22 year as determined in section 425.23, subsection 4 . 23 3. 2. The amount thus computed shall be the annual tax for 24 all homes, except as follows: 25 a. For the sixth through ninth years after the year of 26 manufacture the annual tax is ninety percent of the tax 27 computed according to subsection 1 , paragraph “a” or 2 of this 28 section “b” , whichever is applicable. 29 b. For all homes ten or more years after the year of 30 manufacture the annual tax is eighty percent of the tax 31 computed according to subsection 1 , paragraph “a” or 2 of this 32 section “b” , whichever is applicable. 33 4. 3. The tax shall be figured to the nearest even whole 34 dollar. 35 -47- LSB 1437HV (2) 84 lh/rj 47/ 114
H.F. 566 5. 4. a. A claim for credit for manufactured or mobile 1 home tax due shall not be paid or allowed unless the claim is 2 actually filed with the county treasurer between January 1 and 3 June 1, both dates inclusive, immediately preceding the fiscal 4 year during which the home taxes are due. However, in case of 5 sickness, absence, or other disability of the claimant, or if 6 in the judgment of the county treasurer good cause exists, the 7 county treasurer may extend the time for filing a claim for 8 credit through September 30 of the same calendar year. The 9 county treasurer shall certify to the director of revenue on or 10 before November 15 each year the total dollar amount due for 11 claims allowed. 12 b. The forms for filing the claim shall be provided by the 13 department of revenue. The forms shall require information as 14 determined by the department. 15 c. In case of sickness, absence, or other disability of the 16 claimant or if, in the judgment of the director of revenue, 17 good cause exists and the claimant requests an extension, the 18 director may extend the time for filing a claim for credit 19 or reimbursement. However, any further time granted shall 20 not extend beyond December 31 of the year in which the claim 21 was required to be filed. Claims filed as a result of this 22 paragraph shall be filed with the director who shall provide 23 for the reimbursement of the claim to the claimant. 24 d. The director of revenue shall certify the amount due to 25 each county, which amount shall be the dollar amount which will 26 not be collected due to the granting of the reduced tax rate 27 under subsection 2 1, paragraph “b” . 28 e. The amounts due each county shall be paid by the 29 department of revenue on December 15 of each year, drawn upon 30 warrants payable to the respective county treasurers. The 31 county treasurer in each county shall apportion the payment in 32 accordance with section 435.25 . 33 f. There is appropriated annually from the general fund of 34 the state to the department of revenue an amount sufficient to 35 -48- LSB 1437HV (2) 84 lh/rj 48/ 114
H.F. 566 carry out this subsection . 1 Sec. 91. Section 437A.3, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. a. “Assessed value” means the base year assessed value, 4 as adjusted by section 437A.19, subsection 2 . 5 (1) “Base year assessed value” , for a taxpayer other than an 6 electric company, natural gas company, or electric cooperative, 7 means the value attributable to property identified in 8 section 427A.1, subsection 1 , paragraph “h” , certified by the 9 department of revenue to the county auditors for the assessment 10 date of January 1, 1997, and the value attributable to property 11 identified in section 427A.1 and section 427B.17, subsection 12 5 , as certified by the local assessors to the county auditors 13 for the assessment date of January 1, 1997, provided, that 14 for a taxpayer subject to section 437A.17A , such value shall 15 be the value certified by the department of revenue and local 16 assessors to the county auditors for the assessment date of 17 January 1, 1998. 18 (2) However, “base year assessed value” , for purposes 19 of property of a taxpayer that is a municipal utility, if 20 the property is not a major addition, and the property was 21 initially assessed to the taxpayer as of January 1, 1998, and 22 is not located in a county where the taxpayer had property 23 that was assessed for purposes of this chapter as of January 24 1, 1997, means the value attributable to such property for the 25 assessment date of January 1, 1998. 26 (3) For taxpayers that are electric companies, natural 27 gas companies, and electric cooperatives, “base year assessed 28 value” means the average of the total of these values for each 29 taxpayer for the assessment dates of January 1, 1993, through 30 January 1, 1997, allocated among taxing districts in proportion 31 to the allocation of the taxpayer’s January 1, 1998, assessed 32 value among taxing districts. 33 (4) “Base year assessed value” does not include value 34 attributable to steam-operating property. 35 -49- LSB 1437HV (2) 84 lh/rj 49/ 114
H.F. 566 b. For new cogeneration facilities, the assessed value shall 1 be determined as provided in section 437A.16A . 2 Sec. 92. Section 437A.4, subsection 8, Code 2011, is amended 3 to read as follows: 4 8. a. If for any tax year after calendar year 1998, the 5 total taxable kilowatt-hours of electricity required to be 6 reported by taxpayers pursuant to section 437A.8, subsection 1 , 7 paragraphs “a” and “b” , with respect to any electric competitive 8 service area, increases or decreases by more than the threshold 9 percentage from the average of the base year amounts for that 10 electric competitive service area during the immediately 11 preceding five calendar years, the tax rate imposed under 12 subsection 1 , paragraph “a” , and subsection 2 , for that tax 13 year shall be recalculated by the director for that electric 14 competitive service area so that the total of the replacement 15 electric delivery taxes required to be reported pursuant to 16 section 437A.8, subsection 1 , paragraph “e” , for that electric 17 competitive service area with respect to the tax imposed under 18 subsection 1 , paragraph “a” , and subsection 2 , shall be as 19 follows: 20 a. (1) If the number of kilowatt-hours of electricity 21 required to be reported increased by more than the threshold 22 percentage, one hundred two percent of such taxes required to 23 be reported by taxpayers for that electric competitive service 24 area for the immediately preceding tax year. 25 b. (2) If the number of kilowatt-hours of electricity 26 required to be reported decreased by more than the threshold 27 percentage, ninety-eight percent of such taxes required to be 28 reported by taxpayers for that electric competitive service 29 area for the immediately preceding tax year. 30 b. For purposes of paragraphs “a” and “b” paragraph 31 “a” , subparagraphs (1) and (2) , in computing the tax rate 32 under subsection 1 , paragraph “a” , and subsection 2 , for tax 33 year 1999, the director shall use the electric delivery tax 34 component computed for the electric competitive service area 35 -50- LSB 1437HV (2) 84 lh/rj 50/ 114
H.F. 566 pursuant to subsection 3 , paragraph “c” , in lieu of the taxes 1 required to be reported for that electric competitive service 2 area for the immediately preceding tax year. 3 c. The threshold percentage shall be determined annually 4 and shall be eight percent for any electric competitive 5 service area in which the average of the base year amounts 6 for the preceding five calendar years does not exceed three 7 billion kilowatt-hours, and ten percent for all other electric 8 competitive service areas. 9 d. Any such recalculation of an electric delivery tax rate, 10 if required, shall be made and the new rate shall be published 11 in the Iowa administrative bulletin by the director by no 12 later than May 31 following the tax year. The director shall 13 adjust the tentative replacement tax imposed by subsection 14 1 , paragraph “a” , and subsection 2 required to be shown on 15 any affected taxpayer’s return pursuant to section 437A.8, 16 subsection 1 , paragraph “e” , to reflect the adjusted delivery 17 tax rate for the tax year, and report such adjustment to the 18 affected taxpayer on or before June 30 following the tax year. 19 The new electric delivery tax rate shall apply prospectively, 20 until such time as further adjustment is required. 21 e. For purposes of this section , “base year amount” means 22 for calendar years prior to tax year 1999, the sum of the 23 kilowatt-hours of electricity delivered to consumers within an 24 electric competitive service area by the taxpayer principally 25 serving such electric competitive service area which would 26 have been subject to taxation under this section had this 27 section been in effect for those years; and for tax years after 28 calendar year 1998, the taxable kilowatt-hours of electricity 29 required to be reported by taxpayers pursuant to section 30 437A.8, subsection 1 , paragraphs “a” and “b” , with respect to 31 any electric competitive service area. 32 Sec. 93. Section 437A.5, subsection 8, paragraph c, Code 33 2011, is amended to read as follows: 34 c. (1) For purposes of paragraphs “a” and “b” , in computing 35 -51- LSB 1437HV (2) 84 lh/rj 51/ 114
H.F. 566 the tax rate under subsection 1 , paragraph “a” , and subsection 1 2 for calendar year 1999, the director shall use the average 2 centrally assessed property tax liability allocated to natural 3 gas service computed for the natural gas competitive service 4 area pursuant to subsection 3 , paragraph “a” , in lieu of the 5 taxes required to be reported for that natural gas competitive 6 service area for the immediately preceding tax year. 7 (2) The threshold percentage shall be determined annually 8 and shall be eight percent for any natural gas competitive 9 service area in which the average of the base year amounts for 10 the preceding five calendar years does not exceed two hundred 11 fifty million therms, and ten percent for all other natural gas 12 competitive service areas. 13 (3) Recalculation of a natural gas delivery tax rate, if 14 required, shall be made and the new rate published in the Iowa 15 administrative bulletin by the director by no later than May 16 31 following the tax year. The director shall adjust the 17 tentative replacement tax imposed by subsection 1 , paragraph 18 “a” , and subsection 2 required to be shown on any affected 19 taxpayer’s return pursuant to section 437A.8, subsection 1 , 20 paragraph “e” , to reflect the adjusted delivery tax rate for the 21 tax year, and report such adjustment to the affected taxpayer 22 on or before June 30 following the tax year. The new natural 23 gas delivery tax rate shall apply prospectively, until such 24 time as further adjustment is required. 25 (4) For purposes of this subsection , “base year amount” 26 means for calendar years prior to tax year 1999, the sum of the 27 therms of natural gas delivered to consumers within a natural 28 gas competitive service area by the taxpayer principally 29 serving such natural gas competitive service area which would 30 have been subject to taxation under this section had this 31 section been in effect for those years; and for tax years 32 after calendar year 1998, the taxable therms of natural gas 33 required to be reported by taxpayers pursuant to section 34 437A.8, subsection 1 , paragraphs “a” and “b” , with respect to 35 -52- LSB 1437HV (2) 84 lh/rj 52/ 114
H.F. 566 any natural gas competitive service area. 1 Sec. 94. Section 437A.14, subsection 3, Code 2011, is 2 amended to read as follows: 3 3. Unless otherwise expressly permitted by a section 4 referencing this chapter , the kilowatt-hours of electricity 5 or therms of natural gas delivered by a taxpayer in a 6 competitive service area shall not be divulged to any person 7 or entity, other than the taxpayer, the department, or the 8 internal revenue service for use in a matter unrelated to tax 9 administration. This prohibition precludes persons or entities 10 other than the taxpayer, the department, or the internal 11 revenue service from obtaining such information from the 12 department. A subpoena, order, or process which requires the 13 department to produce such information to a person or entity, 14 other than the taxpayer, the department, or internal revenue 15 service, for use in a nontax proceeding is void. 16 This prohibition precludes persons or entities other than 17 the taxpayer, the department, or the internal revenue service 18 from obtaining such information from the department. A 19 subpoena, order, or process which requires the department to 20 produce such information to a person or entity, other than the 21 taxpayer, the department, or internal revenue service, for use 22 in a nontax proceeding is void. 23 Sec. 95. Section 441.5, Code 2011, is amended to read as 24 follows: 25 441.5 Examination and certification of applicants —— 26 incumbents. 27 1. For the purpose of examining and certifying candidates 28 for the positions of assessor and deputy assessor, the director 29 of revenue shall prepare and administer a written examination. 30 The examinations shall be administered twice each year in the 31 city of Des Moines. Notification of the time, place and date 32 of the examinations shall be mailed to each city and county 33 assessor, county auditor and chairperson of each city and 34 county conference board at least thirty days prior to the date 35 -53- LSB 1437HV (2) 84 lh/rj 53/ 114
H.F. 566 of the examination. 1 2. These examinations shall be conducted by the director 2 of revenue in the same manner as other similar examinations, 3 including secrecy regarding questions prior to the examination 4 and in accordance with other rules as may be prescribed by the 5 director of revenue. The examination shall cover the following 6 and related subjects: 7 1. a. Laws pertaining to the assessment of property for 8 taxation, with emphasis on market value assessment as provided 9 in this chapter . 10 2. b. Laws on tax exemption. 11 3. c. Assessment of real estate and personal property, 12 including market value assessment in accordance with this 13 chapter and including fundamental principles and practices of 14 property appraisal and valuation which are consistent with 15 market value assessment as provided in this chapter . 16 4. d. The rights of taxpayers and property owners related 17 to the assessment of property for taxation. 18 5. e. The duties of the assessor. 19 6. f. Other items related to the position of assessor. 20 3. Only individuals who possess a high school diploma or 21 its equivalent are eligible to take the examination. A person 22 desiring to take the examination shall complete an application 23 prior to the administration of the examination. 24 4. The director of revenue shall grade the examination 25 taken. The director shall notify, in writing, each applicant 26 of the score attained by the applicant on the examination. An 27 individual who attains a score of seventy percent or greater on 28 the examination is eligible to be certified by the director of 29 revenue as a candidate for any assessor position. Any person 30 who passes the examination and who possesses at least two years 31 of appraisal related experience as determined by the director 32 of revenue shall be granted regular certification and become 33 eligible for appointment to a six-year term as assessor. Any 34 person who passes the examination but who lacks such experience 35 -54- LSB 1437HV (2) 84 lh/rj 54/ 114
H.F. 566 shall be granted temporary certification, and shall be eligible 1 for a provisional appointment as assessor. 2 5. Any person possessing temporary certification who 3 receives a provisional appointment as assessor shall, during 4 the person’s first eighteen months in office, be required to 5 complete a course of study prescribed and administered by 6 the director of revenue. Upon the successful completion of 7 this course of study, the assessor shall be granted regular 8 certification and shall be eligible to remain in office for the 9 balance of the assessor’s six-year term. All expenses incurred 10 in obtaining regular certification shall be defrayed by the 11 assessment expense fund. 12 6. Following the administration of the examination, the 13 director of revenue shall establish a register containing 14 the names, in alphabetical order, of all individuals who are 15 eligible for appointment as assessor. The test scores of 16 individuals on the register shall be given to a city or county 17 conference board upon request. All eligible individuals shall 18 remain on the register for a period of two years following the 19 date of certification granted by the director. 20 7. Incumbent assessors who have served six consecutive 21 years shall be placed on the register of individuals eligible 22 for appointment as assessor. In order to be appointed to 23 the position of assessor, the assessor shall comply with the 24 continuing education requirements. The number of credits 25 required for certification as eligible for appointment as 26 assessor in a jurisdiction other than where the assessor is 27 currently serving shall be prorated according to the percentage 28 of the assessor’s term which is covered by the continuing 29 education requirements of section 441.8 . The credit necessary 30 for certification for appointment is the product of one hundred 31 fifty multiplied by the quotient of the number of months served 32 of an assessor’s term covered by the continuing education 33 requirements of section 441.8 divided by seventy-two. If the 34 number of credits necessary for certification for appointment 35 -55- LSB 1437HV (2) 84 lh/rj 55/ 114
H.F. 566 as determined under this paragraph subsection results in a 1 partial credit hour, the credit hour shall be rounded to the 2 nearest whole number. 3 Sec. 96. Section 441.16, Code 2011, is amended to read as 4 follows: 5 441.16 Budget. 6 1. All expenditures under this chapter shall be paid as 7 hereinafter provided. 8 2. Not later than January 1 of each year the assessor, the 9 examining board, and the board of review, shall each prepare a 10 proposed budget of all expenses for the ensuing fiscal year. 11 The assessor shall include in the proposed budget the probable 12 expenses for defending assessment appeals. Said budgets shall 13 be combined by the assessor and copies thereof forthwith filed 14 by the assessor in triplicate with the chairperson of the 15 conference board. 16 3. Such The combined budgets shall contain an itemized list 17 of the proposed salaries of the assessor and each deputy, the 18 amount required for field personnel and other personnel, their 19 number and their compensation; the estimated amount needed for 20 expenses, printing, mileage and other expenses necessary to 21 operate the assessor’s office, the estimated expenses of the 22 examining board and the salaries and expenses of the local 23 board of review. 24 4. Each fiscal year the chairperson of the conference board 25 shall, by written notice, call a meeting of the conference 26 board to consider the proposed budget and to comply with 27 section 24.9 . 28 5. At such meeting the conference board shall authorize: 29 1. a. The number of deputies, field personnel, and other 30 personnel of the assessor’s office. 31 2. b. The salaries and compensation of members of the board 32 of review, the assessor, chief deputy, other deputies, field 33 personnel, and other personnel, and determine the time and 34 manner of payment. 35 -56- LSB 1437HV (2) 84 lh/rj 56/ 114
H.F. 566 3. c. The miscellaneous expenses of the assessor’s office, 1 the board of review and the examining board, including office 2 equipment, records, supplies, and other required items. 3 4. d. The estimated expense of assessment appeals. All 4 such expense items shall be included in the budget adopted for 5 the ensuing year. 6 6. All tax levies and expenditures provided for herein shall 7 be subject to the provisions of chapter 24 and the conference 8 board is hereby declared to be the certifying board. 9 7. Any tax for the maintenance of the office of assessor 10 and other assessment procedure shall be levied only upon 11 the property in the area assessed by said assessor and 12 such tax levy shall not exceed forty and one-half cents per 13 thousand dollars of assessed value in assessing areas where 14 the valuation upon which the tax is levied does not exceed 15 ninety-two million, six hundred thousand dollars; thirty-three 16 and three-fourths cents per thousand dollars of assessed value 17 in assessing areas where the valuation upon which the tax 18 is levied exceeds ninety-two million, six hundred thousand 19 dollars and does not exceed one hundred eleven million, 20 one hundred twenty thousand dollars; twenty-seven cents per 21 thousand dollars of assessed value in assessing areas where 22 the valuation upon which the tax is levied exceeds one hundred 23 eleven million, one hundred twenty thousand dollars. The 24 county treasurer shall credit the sums received from such levy 25 to a separate fund to be known as the “assessment expense fund” 26 and from which fund all expenses incurred under this chapter 27 shall be paid. In the case of a county where there is more than 28 one assessor the treasurer shall maintain separate assessment 29 expense funds for each assessor. 30 8. The county auditor shall keep a complete record of said 31 funds and shall issue warrants thereon only on requisition of 32 the assessor. 33 9. The assessor shall not issue requisitions so as to 34 increase the total expenditures budgeted for the operation of 35 -57- LSB 1437HV (2) 84 lh/rj 57/ 114
H.F. 566 the assessor’s office. However, for purposes of promoting 1 operational efficiency, the assessor shall have authority to 2 transfer funds budgeted for specific items for the operation of 3 the assessor’s office from one unexpended balance to another; 4 such transfer shall not be made so as to increase the total 5 amount budgeted for the operation of the office of assessor, 6 and no funds shall be used to increase the salary of the 7 assessor or the salaries of permanent deputy assessors. The 8 assessor shall issue requisitions for the examining board 9 and for the board of review on order of the chairperson of 10 each board and for costs and expenses incident to assessment 11 appeals, only on order of the city legal department, in the 12 case of cities and of the county attorney in the case of 13 counties. 14 10. Unexpended funds remaining in the assessment expense 15 fund at the end of a year shall be carried forward into the next 16 year. 17 Sec. 97. Section 441.21, subsection 1, paragraph b, Code 18 2011, is amended to read as follows: 19 b. (1) The actual value of all property subject to 20 assessment and taxation shall be the fair and reasonable 21 market value of such property except as otherwise provided 22 in this section . “Market value” is defined as the fair and 23 reasonable exchange in the year in which the property is listed 24 and valued between a willing buyer and a willing seller, 25 neither being under any compulsion to buy or sell and each 26 being familiar with all the facts relating to the particular 27 property. Sale prices of the property or comparable property 28 in normal transactions reflecting market value, and the 29 probable availability or unavailability of persons interested 30 in purchasing the property, shall be taken into consideration 31 in arriving at its market value. In arriving at market value, 32 sale prices of property in abnormal transactions not reflecting 33 market value shall not be taken into account, or shall be 34 adjusted to eliminate the effect of factors which distort 35 -58- LSB 1437HV (2) 84 lh/rj 58/ 114
H.F. 566 market value, including but not limited to sales to immediate 1 family of the seller, foreclosure or other forced sales, 2 contract sales, discounted purchase transactions or purchase of 3 adjoining land or other land to be operated as a unit. 4 (2) The actual value of special purpose tooling, which 5 is subject to assessment and taxation as real property under 6 section 427A.1, subsection 1 , paragraph “e” , but which can be 7 used only to manufacture property which is protected by one or 8 more United States or foreign patents, shall not exceed the 9 fair and reasonable exchange value between a willing buyer and 10 a willing seller, assuming that the willing buyer is purchasing 11 only the special purpose tooling and not the patent covering 12 the property which the special purpose tooling is designed 13 to manufacture nor the rights to manufacture the patented 14 property. For purposes of this paragraph subparagraph , special 15 purpose tooling includes dies, jigs, fixtures, molds, patterns, 16 and similar property. The assessor shall not take into 17 consideration the special value or use value to the present 18 owner of the special purpose tooling which is designed and 19 intended solely for the manufacture of property protected by a 20 patent in arriving at the actual value of the special purpose 21 tooling. 22 Sec. 98. Section 445.5, subsection 2, Code 2011, is amended 23 to read as follows: 24 2. a. The county treasurer shall each year, upon request, 25 deliver to the following persons or entities, or their duly 26 authorized agents, a copy of the tax statement or tax statement 27 information: 28 a. (1) Contract purchaser. 29 b. (2) Lessee. 30 c. (3) Mortgagee. 31 d. (4) Financial institution organized or chartered or 32 holding an authorization certificate pursuant to chapter 524 , 33 533 , or 534 . 34 e. (5) Federally chartered financial institution. 35 -59- LSB 1437HV (2) 84 lh/rj 59/ 114
H.F. 566 b. The treasurer may negotiate and charge a reasonable 1 fee not to exceed the cost of producing the information for a 2 requester described in paragraphs “c” through “e” paragraph 3 “a” , subparagraphs (3) through (5) , for a tax statement or tax 4 statement information provided by the treasurer. 5 Sec. 99. Section 450.94, subsection 5, Code 2011, is amended 6 to read as follows: 7 5. a. The amount of tax imposed under this chapter shall be 8 assessed according to one of the following: 9 a. (1) Within three years after the return is filed with 10 respect to property reported on the final inheritance tax 11 return. 12 b. (2) At any time after the tax became due with respect 13 to property not reported on the final inheritance tax return, 14 but not later than three years after the omitted property is 15 reported to the department on an amended return or on the final 16 inheritance tax return if one was not previously filed. 17 c. (3) The period for examination and determination of the 18 correct amount of tax to be reported and due under this chapter 19 is unlimited in the case of failure to file a return or the 20 filing of a false or fraudulent return or affidavit. 21 b. In addition to the applicable periods of limitations for 22 examination and determination specified in paragraphs “a” and 23 “b” paragraph “a” , subparagraphs (1) and (2) , the department 24 may make an examination and determination at any time within 25 six months from the date of receipt by the department of 26 written notice from the taxpayer of the final disposition 27 of any matter between the taxpayer and the internal revenue 28 service with respect to the federal estate, gift, or generation 29 skipping transfer tax. In order to begin the running of the 30 six months assessment period, the notice shall be in writing 31 in form sufficient to inform the department of the final 32 disposition of any matter with respect to the federal estate, 33 gift, or generation skipping transfer tax, and a copy of the 34 federal document showing the final disposition or final federal 35 -60- LSB 1437HV (2) 84 lh/rj 60/ 114
H.F. 566 adjustments shall be attached to the notice. 1 Sec. 100. Section 453A.14, subsection 1, unnumbered 2 paragraphs 1 and 2, Code 2011, are amended to read as follows: 3 No state or manufacturer’s permit shall be issued until the 4 applicant files a bond, with good and sufficient surety, to 5 be approved by the director, which bond shall be in favor of 6 the state and conditioned upon the payment of taxes, damages, 7 fines, penalties, and costs adjudged against the permit holder 8 for violation of any of the provisions of this division . The 9 bonds shall be on forms prescribed by the director and in the 10 following amounts: 11 The bonds shall be on forms prescribed by the director and in 12 the following amounts: 13 Sec. 101. Section 453C.1, subsections 4 and 9, Code 2011, 14 are amended to read as follows: 15 4. a. “Cigarette” means any product that contains nicotine, 16 is intended to be burned or heated under ordinary conditions of 17 use, and consists of or contains any of the following: 18 a. (1) Any roll of tobacco wrapped in paper or in any 19 substance not containing tobacco. 20 b. (2) Tobacco, in any form, that is functional in the 21 product, which, because of its appearance, the type of tobacco 22 used in the filler, or its packaging and labeling, is likely to 23 be offered to, or purchased by, consumers as a cigarette. 24 c. (3) Any roll of tobacco wrapped in any substance 25 containing tobacco which, because of its appearance, the type 26 of tobacco used in the filler, or its packaging and labeling, 27 is likely to be offered to, or purchased by, consumers as 28 a cigarette described in paragraph “a” of this definition 29 subparagraph (1) . 30 b. The term “cigarette” includes “roll-your-own” tobacco, 31 meaning tobacco which, because of its appearance, type, 32 packaging, or labeling, is suitable for use and likely to be 33 offered to, or purchased by, consumers as tobacco for making 34 cigarettes. For purposes of this definition of “cigarette” , 35 -61- LSB 1437HV (2) 84 lh/rj 61/ 114
H.F. 566 0.09 ounces of “roll-your-own” tobacco shall constitute one 1 individual “cigarette”. 2 9. a. “Tobacco product manufacturer” means an entity that 3 on or after May 20, 1999, directly and not exclusively through 4 any affiliate does any of the following: 5 a. (1) Manufactures cigarettes anywhere that such 6 manufacturer intends to be sold in the United States, including 7 cigarettes intended to be sold in the United States through 8 an importer (except where such importer is an original 9 participating manufacturer, as that term is defined in the 10 master settlement agreement, that will be responsible for the 11 payments under the master settlement agreement with respect to 12 such cigarettes as a result of the provisions of subsection 13 II(mm) of the master settlement agreement and that pays the 14 taxes specified in subsection II(z) of the master settlement 15 agreement and provided that the manufacturer of such cigarettes 16 does not market or advertise such cigarettes in the United 17 States). 18 b. (2) Is the first purchaser anywhere for resale in the 19 United States of cigarettes manufactured anywhere that the 20 manufacturer does not intend to be sold in the United States. 21 c. (3) Becomes a successor of an entity described in 22 paragraph “a” or “b” subparagraph (1) or (2) . 23 b. The term “tobacco product manufacturer” shall not include 24 an affiliate of a tobacco product manufacturer unless such 25 affiliate itself falls within any of paragraphs “a” through “c” 26 paragraph “a” , subparagraphs (1) through (3) . 27 Sec. 102. Section 455B.173, subsections 2 and 3, Code 2011, 28 are amended to read as follows: 29 2. Establish, modify, or repeal water quality standards, 30 pretreatment standards, and effluent standards in accordance 31 with the provisions of this chapter . 32 a. The effluent standards may provide for maintaining the 33 existing quality of the water of the state that is a navigable 34 water of the United States under the federal Water Pollution 35 -62- LSB 1437HV (2) 84 lh/rj 62/ 114
H.F. 566 Control Act where the quality thereof exceeds the requirements 1 of the water quality standards. 2 b. If the federal environmental protection agency has 3 promulgated an effluent standard or pretreatment standard 4 pursuant to section 301, 306, or 307 of the federal Water 5 Pollution Control Act, a pretreatment or effluent standard 6 adopted pursuant to this section shall not be more stringent 7 than the federal effluent or pretreatment standard for such 8 source. This section may not preclude the establishment of 9 a more restrictive effluent limitation in the permit for a 10 particular point source if the more restrictive effluent 11 limitation is necessary to meet water quality standards, the 12 establishment of an effluent standard for a source or class of 13 sources for which the federal environmental protection agency 14 has not promulgated standards pursuant to section 301, 306, 15 or 307 of the federal Water Pollution Control Act. Except as 16 required by federal law or regulation, the commission shall 17 not adopt an effluent standard more stringent with respect to 18 any pollutant than is necessary to reduce the concentration 19 of that pollutant in the effluent to the level due to natural 20 causes, including the mineral and chemical characteristics 21 of the land, existing in the water of the state to which the 22 effluent is discharged. Notwithstanding any other provision 23 of this part of this division or chapter 459, subchapter III , 24 any new source, the construction of which was commenced after 25 October 18, 1972, and which was constructed as to meet all 26 applicable standards of performance for the new source or any 27 more stringent effluent limitation required to meet water 28 quality standards, shall not be subject to any more stringent 29 effluent limitations during a ten-year period beginning on the 30 date of completion of construction or during the period of 31 depreciation or amortization of the pollution control equipment 32 for the facility for the purposes of section 167 and or 169 or 33 both sections of the Internal Revenue Code, whichever period 34 ends first. 35 -63- LSB 1437HV (2) 84 lh/rj 63/ 114
H.F. 566 3. Establish, modify, or repeal rules relating to the 1 location, construction, operation, and maintenance of disposal 2 systems and public water supply systems and specifying the 3 conditions, including the viability of a system pursuant 4 to section 455B.174 , under which the director shall issue, 5 revoke, suspend, modify, or deny permits for the operation, 6 installation, construction, addition to, or modification of 7 any disposal system or public water supply system, or for the 8 discharge of any pollutant. 9 a. The rules specifying the conditions under which the 10 director shall issue permits for the construction of an 11 electric power generating facility subject to chapter 476A 12 shall provide for issuing a conditional permit upon the 13 submission of engineering descriptions, flow diagrams and 14 schematics that qualitatively and quantitatively identify 15 effluent streams and alternative disposal systems that will 16 provide compliance with effluent standards or limitations. 17 b. No rules shall be adopted which regulate the hiring 18 or firing of operators of disposal systems or public water 19 supply systems except rules which regulate the certification of 20 operators as to their technical competency. 21 c. A publicly owned treatment works whose discharge meets 22 the final effluent limitations which were contained in its 23 discharge permit on the date that construction of the publicly 24 owned treatment works was approved by the department shall 25 not be required to meet more stringent effluent limitations 26 for a period of ten years from the date the construction was 27 completed and accepted but not longer than twelve years from 28 the date that construction was approved by the department. 29 Sec. 103. Section 455B.213, subsection 4, Code 2011, is 30 amended to read as follows: 31 4. Violation. 32 a. An employee of the department who willfully communicates 33 or seeks to communicate such information, and a person 34 who willfully requests, obtains, or seeks to obtain such 35 -64- LSB 1437HV (2) 84 lh/rj 64/ 114
H.F. 566 information, is guilty of a simple misdemeanor. 1 b. A member of the commission who willfully communicates 2 or seeks to communicate such information, and any person 3 who willfully requests, obtains, or seeks to obtain such 4 information, is guilty of a public offense which is punishable 5 by a fine not exceeding one hundred dollars or by imprisonment 6 in the county jail for not more than thirty days. 7 Sec. 104. Section 455B.312, subsection 2, unnumbered 8 paragraph 2, Code 2011, is amended to read as follows: 9 3. If an acceptable plan is not prepared, the plan is not 10 implemented, or the problem otherwise continues unabated, the 11 attorney general shall take actions authorized by law to secure 12 compliance. 13 Sec. 105. Section 455B.423, subsection 2, Code 2011, is 14 amended to read as follows: 15 2. a. The director may use the fund for any of the 16 following purposes: 17 a. (1) Administrative services for the identification, 18 assessment and cleanup of hazardous waste or hazardous 19 substance disposal sites. 20 b. (2) Payments to other state agencies for services 21 consistent with the management of hazardous waste or hazardous 22 substance disposal sites. 23 c. (3) Emergency response activities as provided in part 4 24 of this division . 25 d. (4) Financing the nonfederal share of the cost 26 of cleanup and site rehabilitation activities as well as 27 postclosure operation and maintenance costs, pursuant to the 28 federal Comprehensive Environmental Response, Compensation and 29 Liability Act of 1980. 30 e. (5) Financing the cost of cleanup and site 31 rehabilitation activities as well as postclosure operation and 32 maintenance costs of hazardous waste or hazardous substance 33 disposal sites that do not qualify for federal cost sharing 34 pursuant to the federal Comprehensive Environmental Response, 35 -65- LSB 1437HV (2) 84 lh/rj 65/ 114
H.F. 566 Compensation and Liability Act of 1980. 1 f. (6) Through agreements or contracts with other state 2 agencies, work with private industry to develop alternatives 3 to land disposal of hazardous waste or hazardous substances 4 including , but not limited to , resource recovery, recycling, 5 neutralization, and reduction. 6 g. (7) For the administration of the waste tire collection 7 or processing site permit program. 8 b. However, at least seventy-five percent of the fund shall 9 be used for the purposes stated in paragraphs “d” and “e” 10 paragraph “a” , subparagraphs (4) and (5) . 11 Sec. 106. Section 455B.471, subsection 11, Code 2011, is 12 amended to read as follows: 13 11. a. “Underground storage tank” means one or a 14 combination of tanks, including underground pipes connected 15 to the tanks which are used to contain an accumulation of 16 regulated substances and the volume of which, including the 17 volume of the underground pipes, is ten percent or more beneath 18 the surface of the ground. Underground storage tank does not 19 include: 20 a. (1) Farm or residential tanks of one thousand one 21 hundred gallons or less capacity used for storing motor fuel 22 for noncommercial purposes. 23 b. (2) Tanks used for storing heating oil for consumptive 24 use on the premises where stored. 25 c. (3) Residential septic tanks. 26 d. (4) Pipeline facilities regulated under the Natural 27 Gas Pipeline Safety Act of 1968, as amended to January 1, 1985 28 (49 , codified at 49 U.S.C. § 1671 et seq.) seq. , the Hazardous 29 Liquid Pipeline Safety Act of 1979, as amended to January 1, 30 1985 (49 , codified at 49 U.S.C. § 2001 et seq.) seq. , or an 31 intrastate pipeline facility regulated under chapter 479 . 32 e. (5) A surface impoundment, pit, pond, or lagoon. 33 f. (6) A storm water or wastewater collection system. 34 g. (7) A flow-through process tank. 35 -66- LSB 1437HV (2) 84 lh/rj 66/ 114
H.F. 566 h. (8) A liquid trap or associated gathering lines directly 1 related to oil or gas production and gathering operations. 2 i. (9) A storage tank situated in an underground area 3 including , but not limited to , a basement, cellar, mineworking, 4 drift, shaft, or tunnel if the storage tank is situated upon or 5 above the surface of the floor. 6 b. Underground storage tank does not include pipes connected 7 to a tank described in paragraphs “a” to “i” paragraph “a” , 8 subparagraphs (1) through (9) . 9 Sec. 107. Section 455B.474, subsection 1, Code 2011, is 10 amended to read as follows: 11 1. a. Release detection, prevention, and correction as 12 may be necessary to protect human health and the environment, 13 applicable to all owners and operators of underground storage 14 tanks. The rules shall include , but are not limited to , 15 requirements for: 16 a. (1) Maintaining a leak detection system, an inventory 17 control system with a tank testing, or a comparable system or 18 method designed to identify releases in a manner consistent 19 with the protection of human health and the environment. 20 b. (2) Maintaining records of any monitoring or leak 21 detection system, inventory control system, tank testing or 22 comparable system, and periodic underground storage tank 23 facility compliance inspections conducted by inspectors 24 certified by the department. 25 c. (3) Reporting of any releases and corrective action 26 taken in response to a release from an underground storage 27 tank. 28 d. (4) Establishing criteria for classifying sites 29 according to the release of a regulated substance in connection 30 with an underground storage tank. 31 (1) (a) The classification system shall consider the 32 actual or potential threat to public health and safety and 33 to the environment posed by the contaminated site and shall 34 take into account relevant factors, including the presence 35 -67- LSB 1437HV (2) 84 lh/rj 67/ 114
H.F. 566 of contamination in soils, groundwaters, and surface waters, 1 and the effect of conduits, barriers, and distances on the 2 contamination found in those areas according to the following 3 factors: 4 (a) (i) Soils shall be evaluated based upon the depth of 5 the existing contamination and its distance from the ground 6 surface to the contamination zone and the contamination 7 zone to the groundwater; the soil type and permeability, 8 including whether the contamination exists in clay, till or 9 sand and gravel; and the variability of the soils, whether the 10 contamination exists in soils of natural variability or in a 11 disturbed area. 12 (b) (ii) Groundwaters shall be evaluated based upon the 13 depth of the contamination and its distance from the ground 14 surface to the groundwater and from the contamination zone 15 to the groundwater; the flow pattern of the groundwater, the 16 direction of the flow in relation to the contamination zone and 17 the interconnection of the groundwater with the surface or with 18 surface water and with other groundwater sources; the nature 19 of the groundwater, whether it is located in a high yield 20 aquifer, an isolated, low yield aquifer, or in a transient 21 saturation zone; and use of the groundwater, whether it is 22 used as a drinking water source for public or private drinking 23 water supplies, for livestock watering, or for commercial and 24 industrial processing. 25 (c) (iii) Surface water shall be evaluated based upon its 26 location, its distance in relation to the contamination zone, 27 the groundwater system and flow, and its location in relation 28 to surface drainage. 29 (d) (iv) The effect of conduits, barriers, and distances 30 on the contamination found in soils, groundwaters, and surface 31 waters. Consideration should be given to the following: the 32 effect of contamination on conduits such as wells, utility 33 lines, tile lines and drainage systems; the effect of conduits 34 on the transport of the contamination; whether a well is active 35 -68- LSB 1437HV (2) 84 lh/rj 68/ 114
H.F. 566 or abandoned; what function the utility line serves, whether 1 it is a sewer line, a water distribution line, telephone line, 2 or other line; the existence of barriers such as buildings and 3 other structures, pavement, and natural barriers, including 4 rock formations and ravines; and the distance which separates 5 the contamination found in the soils, groundwaters, or surface 6 waters from the conduits and barriers. 7 (2) (b) A site shall be classified as either high risk, 8 low risk, or no action required, as determined by a certified 9 groundwater professional. 10 (a) (i) A site shall be considered high risk when 11 a certified groundwater professional determines that 12 contamination from the site presents an unreasonable risk to 13 public health and safety or the environment under any of the 14 following conditions: 15 (i) (A) Contamination is affecting or likely to affect 16 groundwater which is used as a source water for public or 17 private water supplies, to a level rendering them unsafe for 18 human consumption. 19 (ii) (B) Contamination is actually affecting or is likely 20 to affect surface water bodies to a level where surface water 21 quality standards, under section 455B.173 , will be exceeded. 22 (iii) (C) Harmful or explosive concentrations of 23 petroleum substances or vapors affecting structures or utility 24 installations exist or are likely to occur. 25 (b) (ii) A site shall be considered low risk when a 26 certified groundwater professional determines that low risk 27 conditions exist as follows: 28 (i) (A) Contamination is present and is affecting 29 groundwater, but high risk conditions do not exist and are not 30 likely to occur. 31 (ii) (B) Contamination is above action level standards, but 32 high risk conditions do not exist and are not likely to occur. 33 (c) (iii) A site shall be considered no action required 34 and a no further action certificate shall be issued by the 35 -69- LSB 1437HV (2) 84 lh/rj 69/ 114
H.F. 566 department when a certified groundwater professional determines 1 that contamination is below action level standards and high or 2 low risk conditions do not exist and are not likely to occur. 3 (d) (iv) For purposes of classifying a site as either 4 low risk or no action required, the department shall rely 5 upon the example tier one risk-based screening level look-up 6 table of ASTM (American society for testing and materials) 7 international’s emergency standard, ES38-94, or other look-up 8 table as determined by the department by rule. 9 (e) (v) A site cleanup report which classifies a site as 10 either high risk, low risk, or no action required shall be 11 submitted by a groundwater professional to the department with 12 a certification that the report complies with the provisions 13 of this chapter and rules adopted by the department. The 14 report shall be determinative of the appropriate classification 15 of the site and the site shall be classified as indicated by 16 the groundwater professional unless, within ninety days of 17 receipt by the department, the department identifies material 18 information in the report that is inaccurate or incomplete, 19 and based upon inaccurate or incomplete information in the 20 report the risk classification of the site cannot be reasonably 21 determined by the department based upon industry standards. 22 If the department determines that the site cleanup report is 23 inaccurate or incomplete, the department shall notify the 24 groundwater professional of the inaccurate or incomplete 25 information within ninety days of receipt of the report 26 and shall work with the groundwater professional to obtain 27 correct information or additional information necessary to 28 appropriately classify the site. However, from July 1, 29 2010, through June 30, 2011, the department shall have one 30 hundred twenty days to notify the certified groundwater 31 professional when a report is not accepted based on material 32 information that is found to be inaccurate or incomplete. A 33 groundwater professional who knowingly or intentionally makes 34 a false statement or misrepresentation which results in a 35 -70- LSB 1437HV (2) 84 lh/rj 70/ 114
H.F. 566 mistaken classification of a site shall be guilty of a serious 1 misdemeanor and shall have the groundwater professional’s 2 certification revoked under this section . 3 e. (5) The closure of tanks to prevent any future release 4 of a regulated substance into the environment. If consistent 5 with federal environmental protection agency technical standard 6 regulations, state tank closure rules shall include, at the 7 tank owner’s election, an option to fill the tank with an inert 8 material. Removal of a tank shall not be required if the tank 9 is filled with an inert material pursuant to department of 10 natural resources rules. A tank closed, or to be closed and 11 which is actually closed, within one year of May 13, 1988, 12 shall be required to complete monitoring or testing as required 13 by the department to ensure that the tank did not leak prior to 14 closure, but shall not be required to have a monitoring system 15 installed. 16 f. (6) Establishing corrective action response requirements 17 for the release of a regulated substance in connection with 18 an underground storage tank. The corrective action response 19 requirements shall include , but not be limited to , all of the 20 following: 21 (1) (a) A requirement that the site cleanup report do all 22 of the following: 23 (a) (i) Identify the nature and level of contamination 24 resulting from the release. 25 (b) (ii) Provide supporting data and a recommendation 26 of the degree of risk posed by the site relative to the site 27 classification system adopted pursuant to paragraph “d” “a” , 28 subparagraph (4) . 29 (c) (iii) Provide supporting data and a recommendation of 30 the need for corrective action. 31 (d) (iv) Identify the corrective action options which 32 shall address the practical feasibility of implementation, 33 costs, expected length of time to implement, and environmental 34 benefits. 35 -71- LSB 1437HV (2) 84 lh/rj 71/ 114
H.F. 566 (2) (b) To the fullest extent practicable, allow for 1 the use of generally available hydrological, geological, 2 topographical, and geographical information and minimize site 3 specific testing in preparation of the site cleanup report. 4 (3) (c) Require that at a minimum the source of a release 5 be stopped either by repairing, upgrading, or closing the tank 6 and that free product be removed or contained on site. 7 (4) (d) High risk sites shall be addressed pursuant 8 to a corrective action design report, as submitted by a 9 groundwater professional and as accepted by the department. 10 The corrective action design report shall determine the most 11 appropriate response to the high risk conditions presented. 12 The appropriate corrective action response shall be based upon 13 industry standards and shall take into account the following: 14 (a) (i) The extent of remediation required to reclassify 15 the site as a low risk site. 16 (b) (ii) The most appropriate exposure scenarios based upon 17 residential, commercial, or industrial use or other predefined 18 industry accepted scenarios. 19 (c) (iii) Exposure pathway characterizations including 20 contaminant sources, transport mechanisms, and exposure 21 pathways. 22 (d) (iv) Affected human or environmental receptors 23 and exposure scenarios based on current and projected use 24 scenarios. 25 (e) (v) Risk-based corrective action assessment principles 26 which identify the risks presented to the public health and 27 safety or the environment by each release in a manner that 28 will protect the public health and safety or the environment 29 using a tiered procedure consistent with ASTM (American society 30 for testing and materials) international’s emergency standard, 31 ES38-94. 32 (f) (vi) Other relevant site specific factors such 33 as the feasibility of available technologies, existing 34 background contaminant levels, current and planned future uses, 35 -72- LSB 1437HV (2) 84 lh/rj 72/ 114
H.F. 566 ecological, aesthetic, and other relevant criteria, and the 1 applicability and availability of engineering and institutional 2 controls, including an environmental covenant as established by 3 chapter 455I . 4 (g) (vii) Remediation shall not be required on a site 5 that does not present an increased cancer risk at the point of 6 exposure of one in one million for residential areas or one in 7 ten thousand for nonresidential areas. 8 (5) (e) A corrective action design report submitted by a 9 groundwater professional shall be accepted by the department 10 and shall be primarily relied upon by the department to 11 determine the corrective action response requirements of 12 the site. However, if within ninety days of receipt of a 13 corrective action design report, the department identifies 14 material information in the corrective action design report 15 that is inaccurate or incomplete, and if based upon information 16 in the report the appropriate corrective action response 17 cannot be reasonably determined by the department based upon 18 industry standards, the department shall notify the groundwater 19 professional that the corrective action design report is not 20 accepted, and the department shall work with the groundwater 21 professional to correct the material information or to 22 obtain the additional information necessary to appropriately 23 determine the corrective action response requirements as soon 24 as practicable. However, from July 1, 2010, through June 30, 25 2011, the department shall have one hundred twenty days to 26 notify the certified groundwater professional when a corrective 27 action design report is not accepted based on material 28 information that is found to be inaccurate or incomplete. A 29 groundwater professional who knowingly or intentionally makes 30 a false statement or misrepresentation which results in an 31 improper or incorrect corrective action response shall be 32 guilty of a serious misdemeanor and shall have the groundwater 33 professional’s certification revoked under this section . 34 (6) (f) Low risk sites shall be monitored as deemed 35 -73- LSB 1437HV (2) 84 lh/rj 73/ 114
H.F. 566 necessary by the department consistent with industry standards. 1 Monitoring shall not be required on a site which has received 2 a no further action certificate. A site that has maintained 3 less than the applicable target level for four consecutive 4 sampling events shall be reclassified as a no action required 5 site regardless of exit monitoring criteria and guidance. 6 (7) (g) An owner or operator may elect to proceed with 7 additional corrective action on the site. However, any action 8 taken in addition to that required pursuant to this paragraph 9 “f” “a” , subparagraph (6), shall be solely at the expense of the 10 owner or operator and shall not be considered corrective action 11 for purposes of section 455G.9 , unless otherwise previously 12 agreed to by the board and the owner or operator pursuant to 13 section 455G.9, subsection 7 . Corrective action taken by an 14 owner or operator due to the department’s failure to meet the 15 time requirements provided in subparagraph (5) division (e) 16 shall be considered corrective action for purposes of section 17 455G.9 . 18 (8) (h) Notwithstanding other provisions to the contrary 19 and to the extent permitted by federal law, the department 20 shall allow for bioremediation of soils and groundwater. For 21 purposes of this subparagraph division , “bioremediation” means 22 the use of biological organisms, including microorganisms 23 or plants, to degrade organic pollutants to common natural 24 products. 25 (9) (i) Replacement or upgrade of a tank on a site 26 classified as a high or low risk site shall be equipped with 27 a secondary containment system with monitoring of the space 28 between the primary and secondary containment structures or 29 other board approved tank system or methodology. 30 (10) (j) The commission and the board shall cooperate to 31 ensure that remedial measures required by the corrective action 32 rules adopted pursuant to this paragraph subparagraph (6) are 33 reasonably cost-effective and shall, to the fullest extent 34 possible, avoid duplicating and conflicting requirements. 35 -74- LSB 1437HV (2) 84 lh/rj 74/ 114
H.F. 566 (11) (k) The director may order an owner or operator to 1 immediately take all corrective actions deemed reasonable 2 and necessary by the director if the corrective action is 3 consistent with the prioritization rules adopted under this 4 paragraph subparagraph (6) . Any order taken by the director 5 pursuant to this subparagraph division shall be reviewed at the 6 next meeting of the environmental protection commission. 7 g. (7) Specifying an adequate monitoring system to 8 detect the presence of a leaking underground storage tank and 9 to provide for protection of the groundwater resources for 10 regulated tanks installed prior to January 14, 1987. The 11 effective date of the rules adopted shall be January 14, 1989. 12 In the event that federal regulations are adopted by the United 13 States environmental protection agency after the commission 14 has adopted state standards pursuant to this subsection , the 15 commission shall immediately proceed to adopt rules consistent 16 with those federal regulations adopted. Unless the federal 17 environmental protection agency adopts final rules to the 18 contrary, rules adopted pursuant to this section shall not 19 apply to hydraulic lift reservoirs, such as for automobile 20 hoists and elevators, containing hydraulic oil. 21 h. (8) Issuing a no further action certificate or 22 a monitoring certificate to the owner or operator of an 23 underground storage tank site. 24 (1) (a) A no further action certificate shall be issued 25 by the department for a site which has been classified as a no 26 further action site or which has been reclassified pursuant to 27 completion of a corrective action plan or monitoring plan to be 28 a no further action site by a groundwater professional, unless 29 within ninety days of receipt of the report submitted by the 30 groundwater professional classifying the site, the department 31 notifies the groundwater professional that the report and site 32 classification are not accepted and the department identifies 33 material information in the report that is inaccurate or 34 incomplete which causes the department to be unable to accept 35 -75- LSB 1437HV (2) 84 lh/rj 75/ 114
H.F. 566 the classification of the site. An owner or operator shall 1 not be responsible for additional assessment, monitoring, or 2 corrective action activities at a site that is issued a no 3 further action certificate unless it is determined that the 4 certificate was issued based upon false material statements 5 that were knowingly or intentionally made by a groundwater 6 professional and the false material statements resulted in the 7 incorrect classification of the site. 8 (2) (b) A monitoring certificate shall be issued by the 9 department for a site which does not require remediation, but 10 does require monitoring of the site. 11 (3) (c) A certificate shall be recorded with the county 12 recorder. The owner or operator of a site who has been issued 13 a certificate under this paragraph “h” “a” , subparagraph (8), 14 or a subsequent purchaser of the site shall not be required to 15 perform further corrective action because action standards are 16 changed at a later date. A certificate shall not prevent the 17 department from ordering corrective action of a new release. 18 i. (9) Establishing a certified compliance inspector 19 program administered by the department for underground storage 20 tank facility compliance inspections. 21 (1) (a) The certified compliance inspector program shall 22 provide for, but not be limited to, all of the following: 23 (a) (i) Mandatory periodic underground storage tank 24 facility compliance inspections by owners and operators using 25 inspectors certified by the department. 26 (b) (ii) Compliance inspector qualifications, 27 certification procedures, certification and renewal fees 28 sufficient to cover administrative costs, continuing education 29 requirements, inspector discipline standards including 30 certification suspension and revocation for good cause, 31 compliance inspection standards, professional liability bonding 32 or insurance requirements, and any other requirements as the 33 commission may deem appropriate. Certification and renewal 34 fees received by the department are appropriated to the 35 -76- LSB 1437HV (2) 84 lh/rj 76/ 114
H.F. 566 department for purposes of the administration of the certified 1 compliance inspector program. 2 (2) (b) The department shall continue to conduct 3 independent inspections as provided in section 455B.475 4 as deemed appropriate to assure effective compliance and 5 enforcement and for the purpose of auditing the accuracy and 6 completeness of inspections conducted by certified compliance 7 inspectors. 8 (3) (c) Acts or omissions by a certified compliance 9 inspector, the state, or the department regarding 10 certification, renewal, oversight of the certification process, 11 continuing education, discipline, inspection standards, 12 or any other actions, rules, or regulations arising out of 13 the certification, inspections, or duties imposed by this 14 section shall not be cause for a claim against the state or 15 the department within the meaning of chapter 669 or any other 16 provision of the Iowa Code. 17 b. In adopting the rules under this subsection , the 18 commission may distinguish between types, classes, and ages 19 of underground storage tanks. In making the distinctions, 20 the commission may take into consideration factors including , 21 but not limited to , location of the tanks, compatibility of a 22 tank material with the soil and climate conditions, uses of 23 the tanks, history of maintenance, age of the tanks, current 24 industry recommended practices, national consensus codes, 25 hydrogeology, water table, size of the tanks, quantity of 26 regulated substances periodically deposited in or dispensed 27 from the tank, the degree of risk presented by the regulated 28 substance, the technical and managerial capability of the 29 owners and operators, and the compatibility of the regulated 30 substance and the materials of which the underground storage 31 tank is fabricated. 32 c. The department may issue a variance, which includes an 33 enforceable compliance schedule, from the mandatory monitoring 34 requirement for an owner or operator who demonstrates plans for 35 -77- LSB 1437HV (2) 84 lh/rj 77/ 114
H.F. 566 tank removal, replacement, or filling with an inert material 1 pursuant to a department approved variance. A variance may be 2 renewed for just cause. 3 Sec. 108. Section 455D.3, subsections 1 and 3, Code 2011, 4 are amended to read as follows: 5 1. Year 1994 and 2000 goals. 6 a. The goal of the state is to reduce the amount of 7 materials in the waste stream, existing as of July 1, 1988, 8 twenty-five percent by July 1, 1994, and fifty percent by July 9 1, 2000, through the practice of waste volume reduction at 10 the source and through recycling. For the purposes of this 11 section , “waste stream” means the disposal of solid waste as 12 “solid waste” is defined in section 455B.301 . 13 b. Notwithstanding section 455D.1, subsection 6 , facilities 14 which employ combustion of solid waste with energy recovery 15 and refuse-derived fuel, which are included in an approved 16 comprehensive plan, may include these processes in the 17 definition of recycling for the purpose of meeting the state 18 goal if at least thirty-five percent of the waste reduction 19 goal, required to be met by July 1, 2000, pursuant to this 20 section , is met through volume reduction at the source and 21 recycling and reuse, as established pursuant to section 22 455B.301A, subsection 1 , paragraphs “a” and “b” . 23 3. Departmental monitoring. 24 a. By October 31, 1994, a planning area shall submit to 25 the department a solid waste abatement table which is updated 26 through June 30, 1994. By April 1, 1995, the department shall 27 report to the general assembly on the progress that has been 28 made by each planning area on attainment of the July 1, 1994, 29 twenty-five percent goal. 30 (1) If at any time the department determines that a planning 31 area has met or exceeded the twenty-five percent goal, but has 32 not met or exceeded the fifty percent goal, a planning area 33 shall subtract sixty cents from the total amount of the tonnage 34 fee imposed pursuant to section 455B.310 . If at any time the 35 -78- LSB 1437HV (2) 84 lh/rj 78/ 114
H.F. 566 department determines that a planning area has met or exceeded 1 the fifty percent goal, a planning area shall subtract fifty 2 cents from the total amount of the tonnage fee imposed pursuant 3 to section 455B.310 . The reduction in tonnage fees pursuant 4 to this paragraph subparagraph shall be taken from that 5 portion of the tonnage fees which would have been allocated for 6 funding alternatives to landfills pursuant to section 455E.11, 7 subsection 2 , paragraph “a” , subparagraph (1). 8 (2) If the department determines that a planning area has 9 failed to meet the July 1, 1994, twenty-five percent goal, the 10 planning area shall, at a minimum, implement the solid waste 11 management techniques as listed in subsection 4 . Evidence of 12 implementation of the solid waste management techniques shall 13 be documented in subsequent comprehensive plans submitted to 14 the department. 15 b. (1) By October 31, 2000, a planning area shall submit to 16 the department, a solid waste abatement table which is updated 17 through June 30, 2000. By April 1, 2001, the department shall 18 report to the general assembly on the progress that has been 19 made by each planning area on attainment of the July 1, 2000, 20 fifty percent goal. 21 (2) If at any time the department determines that a planning 22 area has met or exceeded the fifty percent goal, the planning 23 area shall subtract fifty cents from the total amount of the 24 tonnage fee imposed pursuant to section 455B.310 . This amount 25 shall be in addition to any amount subtracted pursuant to 26 paragraph “a” of this subsection . The reduction in tonnage 27 fees pursuant to this paragraph subparagraph shall be taken 28 from that portion of the tonnage fees which would have been 29 allocated to funding alternatives to landfills pursuant to 30 section 455E.11, subsection 2 , paragraph “a” , subparagraph 31 (1). Except for fees required under subsection 4 , paragraph 32 “a” , a planning area failing to meet the fifty percent goal 33 is not required to remit any additional tonnage fees to the 34 department. 35 -79- LSB 1437HV (2) 84 lh/rj 79/ 114
H.F. 566 Sec. 109. Section 455D.10B, subsections 2 and 3, Code 2011, 1 are amended to read as follows: 2 2. a. A rechargeable consumer product manufacturer may 3 apply to the department for exemption from the requirements of 4 subsection 1 if any of the following apply: 5 a. (1) The product cannot be redesigned or manufactured to 6 comply with the requirements prior to January 1, 1994. 7 b. (2) The redesign of the product to comply with the 8 requirements would result in significant danger to public 9 health and safety. 10 c. (3) The battery poses no unreasonable hazard to public 11 health, safety, or the environment when placed in and processed 12 or disposed of as part of mixed municipal solid waste, pursuant 13 to section 455D.10A . 14 d. (4) The consumer product manufacturer has in operation 15 a program to recycle used batteries in an environmentally sound 16 manner. 17 b. A manufacturer of a product that is powered by a battery 18 that cannot be easily removed who has been granted an exemption 19 under this subsection shall label the product as required in 20 subsection 1 , paragraph “b” . 21 3. An exemption granted by the department under subsection 22 2 , paragraph “a” , subparagraph (1), is limited to a maximum of 23 two years, but may be renewed. 24 Sec. 110. Section 455E.11, subsection 2, paragraph c, Code 25 2011, is amended to read as follows: 26 c. A household hazardous waste account. 27 (1) The moneys collected pursuant to section 455F.7 28 and moneys collected pursuant to section 29C.8A which are 29 designated for deposit, shall be deposited in the household 30 hazardous waste account. Two thousand dollars is appropriated 31 annually to the Iowa department of public health to carry 32 out departmental duties under section 135.11 , subsections 18 33 and 19 , and section 139A.21 . The remainder of the account 34 shall be used to fund toxic cleanup days and the efforts of 35 -80- LSB 1437HV (2) 84 lh/rj 80/ 114
H.F. 566 the department to support a collection system for household 1 hazardous materials, including public education programs, 2 training, and consultation of local governments in the 3 establishment and operation of permanent collection systems, 4 and the management of collection sites, education programs, 5 and other activities pursuant to chapter 455F , including the 6 administration of the household hazardous materials permit 7 program by the department of revenue. 8 (2) The department shall submit to the general assembly, 9 annually on or before January 1, an itemized report which 10 includes but is not limited to the total amount of moneys 11 collected and the sources of the moneys collected, the 12 amount of moneys expended for administration of the programs 13 funded within the account, and an itemization of any other 14 expenditures made within the previous fiscal year. 15 Sec. 111. Section 455G.9, subsection 1, paragraph g, Code 16 2011, is amended to read as follows: 17 g. (1) Corrective action for the costs of a release under 18 all of the following conditions: 19 (1) (a) The property upon which the tank causing the 20 release was situated was transferred by inheritance, devise, 21 or bequest. 22 (2) (b) The property upon which the tank causing the 23 release was situated has not been used to store or dispense 24 petroleum since December 31, 1975. 25 (3) (c) The person who received the property by 26 inheritance, devise, or bequest was not the owner of the 27 property during the period of time when the release which is 28 the subject of the corrective action occurred. 29 (4) (d) The release was reported to the board by October 30 26, 1991. 31 (2) Corrective action costs and copayment amounts under 32 this paragraph “g” shall be paid in accordance with subsection 33 4 . 34 (3) A person requesting benefits under this paragraph “g” 35 -81- LSB 1437HV (2) 84 lh/rj 81/ 114
H.F. 566 may establish that the conditions of subparagraphs subparagraph 1 (1), (2), and (3) subparagraph divisions (a), (b), and (c), 2 are met through the use of supporting documents, including a 3 personal affidavit. 4 Sec. 112. Section 455G.9, subsection 5, Code 2011, is 5 amended to read as follows: 6 5. Recovery of gain on sale of property. 7 a. If an owner or operator ceases to own or operate a tank 8 site for which remedial account benefits were received within 9 ten years of the receipt of any account benefit and sells or 10 transfers a property interest in the tank site for an amount 11 which exceeds one hundred twenty percent of the precorrective 12 action value, adjusted for equipment and capital improvements, 13 the owner or operator shall refund to the remedial account 14 an amount equal to ninety percent of the amount in excess of 15 one hundred twenty percent of the precorrective action value 16 up to a maximum of the expenses incurred by the remedial 17 account associated with the tank site plus interest, equal 18 to the interest for the most recent twelve-month period for 19 the most recent bond issue for the fund, on the expenses 20 incurred, compounded annually. An owner or operator under this 21 subsection shall notify the board of the sale or transfer of 22 the property interest in the tank site. Expenses incurred 23 by the fund are a lien upon the property recordable and 24 collectible in the same manner as the lien provided for in 25 section 424.11 at the time of sale or transfer, subject to the 26 terms of this section . 27 b. This subsection shall not apply if the sale or transfer 28 is pursuant to a power of eminent domain, or benefits. When 29 federal cleanup funds are recovered, the funds are to be 30 deposited to the remedial account of the fund and used solely 31 for the purpose of future cleanup activities. 32 Sec. 113. Section 455G.12A, subsections 2 and 3, Code 2011, 33 are amended to read as follows: 34 2. Contract approval. 35 -82- LSB 1437HV (2) 84 lh/rj 82/ 114
H.F. 566 a. In the course of review and approval of a contract 1 pursuant to this section , the administrator may require an 2 owner or operator to obtain and submit three bids, provided 3 that the administrator coordinates bid submission with the 4 department. The administrator may require specific terms and 5 conditions in a contract subject to approval. 6 b. The board shall have authority to contract for site 7 cleanup reports. The board’s responsibility for site cleanup 8 reports is limited to those site cleanup reports subject to 9 approval by the department of natural resources and required in 10 connection with the remediation of a release which is eligible 11 for benefits under section 455G.9 . The site cleanup report 12 shall address existing and available remedial technologies and 13 the costs associated with the use of each technology. The 14 board shall not have the authority to affect a contract which 15 has been given written approval under this section . 16 3. Exclusive contracts. 17 a. The administrator may enter into a contract or an 18 exclusive contract with the supplier of goods or services 19 required by a class of tank owners or operators in connection 20 with an expense payable or reimbursable from the fund, to 21 supply a specified good or service for a gross maximum price, 22 fixed rate, on an exclusive basis, or subject to another 23 contract term or condition reasonably calculated to obtain 24 goods or services for the fund or for tank owners and operators 25 at a reasonable cost. A contract may provide for direct 26 payment from the fund to a supplier. 27 b. The administrator may retain, subject to board approval, 28 an independent person to assist in the review of work required 29 in connection with a release or tank system for which fund 30 benefits are sought, and to establish prevailing cost of goods 31 and services needed. Nothing in this section is intended to 32 preempt the regulatory authority of the department. 33 Sec. 114. Section 455G.13, subsections 4 and 10, Code 2011, 34 are amended to read as follows: 35 -83- LSB 1437HV (2) 84 lh/rj 83/ 114
H.F. 566 4. Treble damages for certain violations. 1 a. Notwithstanding subsections 2 and 3 , the owner or 2 operator, or both, of a tank are liable to the fund for 3 punitive damages in an amount equal to three times the amount 4 of any cost incurred or moneys expended by the fund as a 5 result of a release of petroleum from the tank if the owner or 6 operator did any of the following: 7 a. (1) Failed, without sufficient cause, to respond to a 8 release of petroleum from the tank upon, or in accordance with, 9 a notice issued by the director of the department of natural 10 resources. 11 b. (2) After May 5, 1989, failed to perform any of the 12 following: 13 (1) (a) Failed to register the tank, which was known to 14 exist or reasonably should have been known to exist. 15 (2) (b) Intentionally failed to report a known release. 16 b. The punitive damages imposed under this subsection are in 17 addition to any costs or expenditures recovered from the owner 18 or operator pursuant to this chapter and in addition to any 19 other penalty or relief provided by this chapter or any other 20 law. 21 c. However, the state, a city, county, or other political 22 subdivision shall not be liable for punitive damages. 23 10. Claims against potentially responsible parties. 24 a. Upon payment by the fund for corrective action or 25 third-party liability pursuant to this chapter , the rights 26 of the claimant to recover payment from any potentially 27 responsible party, are assumed by the board to the extent paid 28 by the fund. A claimant is precluded from receiving double 29 compensation for the same injury. 30 b. In an action brought pursuant to this chapter seeking 31 damages for corrective action or third-party liability, the 32 court shall permit evidence and argument as to the replacement 33 or indemnification of actual economic losses incurred or to be 34 incurred in the future by the claimant by reason of insurance 35 -84- LSB 1437HV (2) 84 lh/rj 84/ 114
H.F. 566 benefits, governmental benefits or programs, or from any other 1 source. 2 c. A claimant may elect to permit the board to pursue the 3 claimant’s cause of action for any injury not compensated by 4 the fund against any potentially responsible party, provided 5 the attorney general determines such representation would 6 not be a conflict of interest. If a claimant so elects, 7 the board’s litigation expenses shall be shared on a pro 8 rata basis with the claimant, but the claimant’s share of 9 litigation expenses is payable exclusively from any share of 10 the settlement or judgment payable to the claimant. 11 Sec. 115. Section 456A.36, subsection 2, Code 2011, is 12 amended to read as follows: 13 2. a. (1) A timber buyer shall file with the commission a 14 surety bond signed by the person as principal and a corporate 15 surety authorized to engage in the business of executing surety 16 bonds within the state. In lieu of a corporate surety a 17 timber buyer may, with the approval of the commission, file a 18 bond signed by the timber buyer as principal and accompanied 19 by a bank certificate of deposit in a form approved by the 20 commission showing to the satisfaction of the commission that 21 funds equal to the amount of the required bond are on deposit 22 in a bank to be held by the bank for the period covered by the 23 certificate. The funds shall be made payable upon demand to 24 the director, subject to the provisions of this section , for 25 the use and benefit of the people of the state and for the 26 use and benefit of a timber grower from whom the timber buyer 27 purchased and who is not paid by the timber buyer or for the 28 use and benefit of a timber grower whose timber has been cut by 29 the timber buyer or the timber buyer’s agents, and who has not 30 been paid. 31 (2) The principal amount of the bond shall be ten percent of 32 the total amount paid to timber growers during the preceding 33 year, plus ten percent of the total amount due or delinquent 34 and unpaid to timber growers at the end of the preceding 35 -85- LSB 1437HV (2) 84 lh/rj 85/ 114
H.F. 566 year, and ten percent of the market value of growers’ shares 1 of timber harvested during the previous year. However, the 2 total amount of the bond shall be not less than three thousand 3 dollars and not more than fifteen thousand dollars. 4 (3) The bond or surety shall not be canceled or altered 5 except upon at least sixty days’ notice in writing to the 6 commission. 7 (4) Bonds shall be in the form approved by the director, 8 be conditioned to secure an honest cutting and accounting for 9 timber purchased by the timber buyer, secure payment to the 10 timber growers, and insure the timber growers against all 11 fraudulent acts of the timber buyer in the purchase and cutting 12 of the timber of this state. 13 b. If a timber buyer fails to pay when due an amount due 14 a timber grower for timber purchased, or fails to pay legally 15 determined damages for timber wrongfully cut by a timber buyer 16 or the buyer’s agent, or commits a violation of this section , 17 an action on the bond for forfeiture may be commenced. The 18 action is not exclusive and is in addition to other legal 19 remedies available. 20 c. The timber grower, the owner of timber cut, or the 21 director may bring action on the bond for payment of the amount 22 due from proceeds of the bond in the district court of the 23 county in which the place of business of the timber buyer is 24 situated or in any other lawful venue. 25 d. The attorney general, upon request of the commission, 26 shall institute proceedings to have the bond of the timber 27 buyer forfeited for violation of any of the provisions of this 28 section or for noncompliance with a commission rule. A timber 29 buyer whose bond has been forfeited shall not engage in the 30 business of buying timber for one year after the forfeiture. 31 e. If the commission realizes more than the amount of 32 liability from the security, after deducting expenses incurred 33 in converting the security into money, the commission shall pay 34 the excess to the timber buyer who furnished the security. 35 -86- LSB 1437HV (2) 84 lh/rj 86/ 114
H.F. 566 Sec. 116. Section 459A.103, subsection 1, paragraph c, Code 1 2011, is amended to read as follows: 2 c. (1) For purposes of determining whether two or more open 3 feedlot operations are under common ownership, a person must 4 hold an interest in each of the open feedlot operations as any 5 of the following: 6 (1) (a) A sole proprietor. 7 (2) (b) A joint tenant or tenant in common. 8 (3) (c) A holder of a majority equity interest in a 9 business association as defined in section 202B.102 , including 10 but not limited to as a shareholder, partner, member, or 11 beneficiary. 12 (2) An interest in the open feedlot operation under 13 subparagraph (2) or (3) (1), subparagraph division (b) or (c), 14 which is held directly or indirectly by the person’s spouse or 15 dependent child shall be attributed to the person. 16 Sec. 117. Section 460.304, subsection 3, paragraph b, 17 unnumbered paragraph 2, Code 2011, is amended to read as 18 follows: 19 c. The department of natural resources shall cooperate with 20 the division by providing information necessary to administer 21 this subsection . 22 Sec. 118. Section 461A.3A, subsection 2, unnumbered 23 paragraph 2, Code 2011, is amended to read as follows: 24 3. The department shall provide in its annual budget 25 documentations to the governor and general assembly a report on 26 the use of moneys under the program since the last report and 27 the projected use of future moneys. 28 Sec. 119. Section 462A.5, subsection 4, Code 2011, is 29 amended to read as follows: 30 4. a. If a person, after registering a vessel, moves 31 from the address shown on the registration certificate, the 32 person shall, within ten days, notify the county recorder in 33 writing of the old and new address. If appropriate, the county 34 recorder shall forward all past records of the vessel to the 35 -87- LSB 1437HV (2) 84 lh/rj 87/ 114
H.F. 566 recorder of the county in which the owner resides. 1 b. If the name of a person, who has registered a vessel, is 2 changed, the person shall, within ten days, notify the county 3 recorder of the former and new name. 4 c. No fee shall be paid to the county recorder for making 5 the changes mentioned in this subsection , unless the owner 6 requests a new registration certificate showing the change, in 7 which case a fee of one dollar plus a writing fee shall be paid 8 to the recorder. 9 d. If a registration certificate is lost, mutilated or 10 becomes illegible, the owner shall immediately make application 11 for and obtain a duplicate registration certificate by 12 furnishing information satisfactory to the county recorder. A 13 fee of one dollar plus a writing fee shall be paid to the county 14 recorder for a duplicate registration certificate. 15 A fee of one dollar plus a writing fee shall be paid to the 16 county recorder for a duplicate registration certificate. 17 e. If a vessel, registered under this chapter , is destroyed 18 or abandoned, the destruction or abandonment shall be reported 19 to the county recorder and the registration certificate shall 20 be forwarded to the office of the county recorder within ten 21 days after the destruction or abandonment. 22 Sec. 120. Section 465A.1, Code 2011, is amended to read as 23 follows: 24 465A.1 Statement of purpose —— intent. 25 1. The general assembly finds that: 26 1. a. Iowa’s most significant open space lands are 27 essential to the well-being and quality of life for Iowans and 28 to the economic viability of the state’s recreation and tourism 29 industry. 30 2. b. Many areas of high national significance in the state 31 have not received adequate public protection to keep them free 32 of visual blight, resource degradation, and negative impacts 33 from inappropriate land use and surrounding development. Some 34 of these areas include national park service and United States 35 -88- LSB 1437HV (2) 84 lh/rj 88/ 114
H.F. 566 fish and wildlife service properties, national landmarks and 1 trails, the Des Moines river greenbelt, the great river road, 2 areas where interstate highways enter the state, cross major 3 rivers, and pass by other areas of national significance, major 4 state park and recreation areas, unique and protected water 5 areas, and significant natural, geological, scenic, historic, 6 and cultural properties of the state. 7 3. c. While state and federal funds are generally available 8 for the acquisition and protection of fish and wildlife areas 9 and habitats as well as boating access to public waters, 10 funding programs for public open space acquisition and 11 protection have not been adequate to meet needs. 12 4. d. Relative to other midwestern states, Iowa ranks last 13 in the proportion of land acquired and protected for public 14 open space. 15 5. 2. a. A program shall be established to: 16 a. (1) Educate the citizens of the state about the needs 17 and urgency of protecting the state’s open spaces. 18 b. (2) Plan for the protection of the state’s significant 19 open space areas. 20 c. (3) Acquire and protect those properties on a priority 21 basis through a variety of appropriate means. 22 b. In addition to other goals for the program, it is 23 intended that a minimum of ten percent of the state’s land area 24 be included under some form of public open space protection by 25 the year 2000. 26 Sec. 121. Section 468.65, Code 2011, is amended to read as 27 follows: 28 468.65 Reclassification. 29 1. When, after a drainage or levee district has been 30 established, except districts established by mutual agreement 31 in accordance with section 468.142 , and the improvements 32 thereof constructed and put in operation, there has been a 33 material change as to lands occupied by highway or railroad 34 right-of-way or in the character of the lands benefited by 35 -89- LSB 1437HV (2) 84 lh/rj 89/ 114
H.F. 566 the improvement, or when a repair, improvement, or extension 1 has become necessary, the board may consider whether the 2 existing assessments are equitable as a basis for payment of 3 the expense of maintaining the district and of making the 4 repair, improvement or extension. If they find the same to 5 be inequitable in any particular, they shall by resolution 6 express such finding, appoint three commissioners possessing 7 the qualifications prescribed in section 468.38 and order a 8 reclassification as follows: 9 1. a. If they find the assessments to be generally 10 inequitable they shall order a reclassification of all property 11 subject to assessment, such as lands, highways, and railroads 12 in said district. 13 2. b. If the inequity ascertained by the board is limited 14 to the proportion paid by highways or railroads, a general 15 reclassification of all lands shall not be necessary but the 16 commissioners may evaluate and determine the fair proportion 17 to be paid by such highways or railroads or both as provided in 18 sections 468.42 and 468.43 . 19 3. c. Any benefits of a character for which levee 20 or drainage districts may be established and which are 21 attributable to or enhanced by the improvement or by the 22 repair, improvement, or extension thereof, shall be a proper 23 subject of consideration in a reclassification notwithstanding 24 the district may have been originally established for a limited 25 purpose. 26 4. d. (1) If after a district has been reclassified, 27 the board in its judgment concludes there were errors in the 28 reclassification or there is an inequitable assessment of 29 benefits, the board may on its own motion, after notice to the 30 landowners involved as provided in sections 468.14 through 31 468.18 and by resolution, order the district or any portion of 32 the district to again be reclassified as prescribed in this 33 section and in section 468.67 . 34 (2) The board may include in its resolution an order 35 -90- LSB 1437HV (2) 84 lh/rj 90/ 114
H.F. 566 to the commissioners that they prepare special common 1 outlet classifications, if needed, in conjunction with the 2 reclassification of the district. 3 2. Such reclassification when finally adopted shall remain 4 the basis for all future assessments unless revised as provided 5 in this subchapter, parts 1 through 5 . 6 Sec. 122. Section 468.184, subsections 1, 2, 5, 6, and 10, 7 Code 2011, are amended to read as follows: 8 1. a. (1) When a levee district shall have been located 9 and finally established; or 10 b. (2) When the required proceedings have been taken to 11 enlarge, extend, strengthen, raise, relocate, reconstruct, or 12 improve any existing levee; or 13 c. (3) When the required proceedings have been held to 14 annex additional lands to said levee district or to exclude or 15 eliminate lands from said levee district; or 16 d. (4) When a plan of the United States government for the 17 construction of any levee, or a portion of a levee, in said 18 levee district, or for the enlarging, extending, strengthening, 19 raising, relocating, reconstructing, or improving any existing 20 levee, or a portion thereof, in accordance with any such plan 21 in said levee district, has been heretofore or hereafter 22 adopted by such levee district under the provisions of sections 23 468.201 through 468.216 ; or 24 e. (5) When the board shall, as authorized by section 25 468.65 , determine that the assessments of benefits of said 26 levee district against the lands in said levee district are 27 generally inequitable the board may by resolution, or if 28 a petition is filed by more than one-third of the owners, 29 including corporations, of land within said levee district and 30 who in the aggregate own more than one-third of the value of 31 the land and land improvements in said levee district as the 32 value thereof is then shown by the general tax records of the 33 county or counties in which such land and land improvements 34 are located, requesting the board to do so, the board shall 35 -91- LSB 1437HV (2) 84 lh/rj 91/ 114
H.F. 566 order the lands in said levee district and the improvements on 1 the land in said levee district classified or reclassified in 2 accordance with the assessed taxable value of said land and 3 land improvements as the same are then shown and as the same 4 may be thereafter shown by the assessment roll of the county or 5 counties in which said land and land improvements are located. 6 b. The assessed taxable value of any land, including 7 land improvements exempt from general taxation but subject 8 to assessment for levee purposes, shall be determined by the 9 county assessor who shall make such determination in accordance 10 with the rules of assessment applicable to adjacent lands and 11 without any additional compensation therefor. 12 2. a. If the board orders classification or 13 reclassification of lands as authorized in subsection 1 14 of this section , the board shall fix a time and place for a 15 hearing to be held upon the action of the board in ordering 16 such classification or reclassification, which hearing shall 17 be held at the county seat of the county having the largest 18 acreage in said levee district. The board shall cause notice 19 of the time and place of such hearing to be served by the county 20 auditor or auditors upon each person whose name appears as 21 owner of lands or land improvements within the levee district 22 in the transfer books of the auditor’s office in the county or 23 counties in which said levee district is located, naming that 24 person, and also upon the person or persons in actual occupancy 25 of any tract of land or land improvements located in said levee 26 district, without naming that person or persons. Such notice 27 shall be for the same time and served in the same manner as is 28 provided for the establishment of a levee district, and such 29 notice shall state: 30 a. (1) The aggregate estimated costs and expenses which 31 the board proposes to assess under such classification or 32 reclassification; 33 b. (2) The total aggregate assessed taxable value of all 34 lands and land improvements in said levee district; 35 -92- LSB 1437HV (2) 84 lh/rj 92/ 114
H.F. 566 c. (3) That the said classification or reclassification 1 of benefits will be based on the assessed taxable value of all 2 lands and improvements to lands located in said levee district; 3 d. (4) That each tract of land and each land improvement in 4 said levee district will be assessed for its pro rata share of 5 said costs and expenses based upon the ratio that the assessed 6 value of each tract of land and the assessed value of each land 7 improvement bears to the total assessed taxable value of all 8 lands and all land improvements in said district; and 9 e. (5) That all objections to said method of classification 10 or reclassification shall be in writing and filed with the 11 auditor of the county in which said land or land improvements 12 are located before the time set for said hearing or with the 13 board of trustees of said district at or before the time set 14 for such hearing. 15 b. The notice need not show the amount of such costs 16 and expenses to be apportioned to each such owner or to any 17 particular tract of land or land improvement within such levee 18 district. 19 5. If the board shall determine that the cost and expenses 20 shall be assessed on the basis of assessed taxable value as 21 hereinabove provided in subsections 1 through 4 , then such 22 basis shall be used for all future assessments made for the 23 purposes of said levee district except if said assessed taxable 24 value of lands and land improvements in said levee district 25 may be changed or revised by the county assessor in the 26 county or counties in which the same are located for general 27 tax purposes, then any such revision made in the assessed 28 taxable value by any such county assessor shall automatically 29 constitute a revision of the classification of such land or 30 land improvements for future assessments made by the board for 31 the purpose of said levee district. 32 6. In lieu of the hearing provided for in the preceding 33 subsections 1 through 5 , the board may, and if the petition of 34 owners provided for in the preceding subsections 1 through 5 35 -93- LSB 1437HV (2) 84 lh/rj 93/ 114
H.F. 566 so asks, the board shall call for an election for the purpose 1 of determining the question of classification on the basis of 2 assessed value of lands and land improvements. The question 3 may be submitted at a regular election of the district or at 4 a special election called for that purpose. It shall not be 5 mandatory for the county commissioner of elections to conduct 6 the elections, however provisions of sections 49.43 through 7 49.47 and of subchapter III of this chapter , insofar as the 8 same are applicable, shall govern all such elections, and the 9 question to be submitted shall be set forth in the notice of 10 election. If sixty percent of the votes cast be in favor of the 11 proposed change in assessment, it shall become effective for 12 all future assessments as heretofore provided in this section . 13 If the question should fail, no new election on the subject may 14 be called for a period of one year. 15 10. a. All proceedings taken prior to July 1, 1968, 16 purporting to establish or reestablish a drainage or levee 17 district or districts, or to enlarge or change the boundaries 18 of any drainage or levee district, and any assessments not 19 heretofore declared invalid by any court, are hereby legalized, 20 validated, and confirmed. 21 b. The foregoing shall not be construed to affect any 22 litigation that may be pending at the time this section 23 becomes effective involving the establishment, reestablishment, 24 enlargement, or change in boundaries or any assessments of 25 drainage or levee districts. 26 Sec. 123. Section 468.201, subsection 2, unnumbered 27 paragraph 2, Code 2011, is amended to read as follows: 28 3. If the federal program divides a project into separate 29 phases, each phase shall be considered a separate program as 30 described in section 468.126, subsection 4 , and shall in no 31 event be construed as an unauthorized division into separate 32 programs to avoid the twenty-five percent limitation prescribed 33 for making improvements under said section 468.126, subsection 34 4 , without notice and hearing. 35 -94- LSB 1437HV (2) 84 lh/rj 94/ 114
H.F. 566 Sec. 124. Section 468.359, subsection 2, unnumbered 1 paragraph 2, Code 2011, is amended to read as follows: 2 3. For the purpose of this section the word “improvement” 3 shall include the construction, reconstruction, enlargement and 4 relocation of levees and acquisition of rights-of-way therefor. 5 Sec. 125. Section 476.42, subsections 1 and 4, Code 2011, 6 are amended to read as follows: 7 1. a. “Alternate energy production facility” means any or 8 all of the following: 9 a. (1) A solar, wind turbine, waste management, resource 10 recovery, refuse-derived fuel, agricultural crops or residues, 11 or woodburning facility. 12 b. (2) Land, systems, buildings, or improvements that are 13 located at the project site and are necessary or convenient to 14 the construction, completion, or operation of the facility. 15 c. (3) Transmission or distribution facilities necessary to 16 conduct the energy produced by the facility to users located at 17 or near the project site. 18 b. A facility which is a qualifying facility under 18 C.F.R. 19 pt. 292, subpt. B is not precluded from being an alternate 20 energy production facility under this division . 21 4. a. “Small hydro facility” means any or all of the 22 following: 23 a. (1) A hydroelectric facility at a dam. 24 b. (2) Land, systems, buildings, or improvements that are 25 located at the project site and are necessary or convenient to 26 the construction, completion, or operation of the facility. 27 c. (3) Transmission or distribution facilities necessary to 28 conduct the energy produced by the facility to users located at 29 or near the project site. 30 b. A facility which is a qualifying facility under 18 C.F.R. 31 pt. 292, subpt. B is not precluded from being a small hydro 32 facility under this division . 33 DIVISION III 34 INTERNAL REFERENCE CHANGES 35 -95- LSB 1437HV (2) 84 lh/rj 95/ 114
H.F. 566 Sec. 126. Section 15.103, subsection 1, paragraph b, 1 subparagraph (7), Code 2011, is amended to read as follows: 2 (7) Economics or alternative and renewable energy including 3 the alternative and renewable energy sectors listed in section 4 476.42, subsection 1 , paragraph “a” , subparagraph (1) . 5 Sec. 127. Section 15E.61, subsection 1, Code 2011, is 6 amended to read as follows: 7 1. The general assembly finds the following: Fundamental 8 changes have occurred in national and international financial 9 markets and in the financial markets of this state. A 10 critical shortage of seed and venture capital resources 11 exists in the state, and such shortage is impairing the 12 growth of commerce in the state. A need exists to increase 13 the availability of venture equity capital for emerging, 14 expanding, and restructuring enterprises in Iowa, including, 15 without limitation, enterprises in the life sciences, advanced 16 manufacturing, information technology, alternative and 17 renewable energy including the alternative and renewable energy 18 sectors listed in section 476.42, subsection 1 , paragraph 19 “a” , subparagraph (1) , and value-added agriculture areas. 20 Such investments will create jobs for Iowans and will help to 21 diversify the state’s economic base. 22 Sec. 128. Section 15E.351, subsection 1, Code 2011, is 23 amended to read as follows: 24 1. The department shall establish and administer a business 25 accelerator program to provide financial assistance for 26 the establishment and operation of a business accelerator 27 for technology-based, value-added agricultural, information 28 solutions, alternative and renewable energy including the 29 alternative and renewable energy sectors listed in section 30 476.42, subsection 1 , paragraph “a” , subparagraph (1) , or 31 advanced manufacturing start-up businesses or for a satellite 32 of an existing business accelerator. The program shall be 33 designed to foster the accelerated growth of new and existing 34 businesses through the provision of technical assistance. The 35 -96- LSB 1437HV (2) 84 lh/rj 96/ 114
H.F. 566 department, subject to the approval of the economic development 1 board, may provide financial assistance under this section from 2 moneys allocated for regional financial assistance pursuant to 3 section 15G.111, subsection 9 . 4 Sec. 129. Section 135.177, subsection 2, paragraph e, Code 5 2011, is amended to read as follows: 6 e. A student participating in the program shall be eligible 7 for a stipend of not more than fifty thousand dollars for 8 the twelve months of the fellowship plus related fringe 9 benefits. In addition, a student who completes the program 10 and practices in Iowa in a mental health professional shortage 11 area, as defined in section 135.80 135.180 , shall be eligible 12 for up to twenty thousand dollars in loan forgiveness. The 13 stipend and loan forgiveness provisions shall be determined 14 by the department and the college student aid commission, in 15 consultation with the clinical partners. 16 Sec. 130. Section 260C.18A, subsection 2, unnumbered 17 paragraph 1, Code 2011, is amended to read as follows: 18 Moneys deposited in the funds and disbursed to community 19 colleges for a fiscal year shall be expended for the following 20 purposes, provided seventy percent of the moneys shall be 21 used on projects in the areas of advanced manufacturing, 22 information technology and insurance, alternative and renewable 23 energy including the alternative and renewable energy sectors 24 listed in section 476.42, subsection 1 , paragraph “a” , 25 subparagraph (1) , and life sciences which include the areas 26 of biotechnology, health care technology, and nursing care 27 technology: 28 Sec. 131. Section 425.23, subsection 1, paragraph a, Code 29 2011, is amended to read as follows: 30 a. The tentative credit or reimbursement for a claimant 31 described in section 425.17, subsection 2 , paragraph “a” and 32 paragraph “b” , subparagraphs (1) and (2), if no appropriation is 33 made to the fund created in section 425.40 shall be determined 34 in accordance with the following schedule: 35 -97- LSB 1437HV (2) 84 lh/rj 97/ 114
H.F. 566 Percent of property taxes 1 due or rent constituting 2 property taxes paid 3 If the household allowed as a credit or 4 income is: reimbursement: 5 $ 0 —— 8,499.99 ........ 100% 6 8,500 —— 9,499.99 ........ 85 7 9,500 —— 10,499.99 ........ 70 8 10,500 —— 12,499.99 ........ 50 9 12,500 —— 14,499.99 ........ 35 10 14,500 —— 16,499.99 ........ 25 11 Sec. 132. Section 425.23, subsection 1, paragraph b, 12 unnumbered paragraph 1, Code 2011, is amended to read as 13 follows: 14 If moneys have been appropriated to the fund created in 15 section 425.40 , the tentative credit or reimbursement for a 16 claimant described in section 425.17, subsection 2 , paragraph 17 “b” , “a” , subparagraph (2), shall be determined as follows: 18 Sec. 133. Section 425.23, subsection 3, paragraph a, Code 19 2011, is amended to read as follows: 20 a. A person who is eligible to file a claim for credit 21 for property taxes due and who has a household income of 22 eight thousand five hundred dollars or less and who has an 23 unpaid special assessment levied against the homestead may 24 file a claim for a special assessment credit with the county 25 treasurer. The department shall provide to the respective 26 treasurers the forms necessary for the administration of this 27 subsection . The claim shall be filed not later than September 28 30 of each year. Upon the filing of the claim, interest for 29 late payment shall not accrue against the amount of the unpaid 30 special assessment due and payable. The claim filed by the 31 claimant constitutes a claim for credit of an amount equal to 32 the actual amount due upon the unpaid special assessment, plus 33 interest, payable during the fiscal year for which the claim is 34 filed against the homestead of the claimant. However, where 35 -98- LSB 1437HV (2) 84 lh/rj 98/ 114
H.F. 566 the claimant is an individual described in section 425.17, 1 subsection 2 , paragraph “b” , “a” , subparagraph (2), and the 2 tentative credit is determined according to the schedule 3 in subsection 1 , paragraph “b” , subparagraph (2), of this 4 section , the claim filed constitutes a claim for credit of an 5 amount equal to one-half of the actual amount due and payable 6 during the fiscal year. The treasurer shall certify to the 7 director of revenue not later than October 15 of each year the 8 total amount of dollars due for claims allowed. The amount 9 of reimbursement due each county shall be certified by the 10 director of revenue and paid by the director of the department 11 of administrative services by November 15 of each year, drawn 12 upon warrants payable to the respective treasurer. There is 13 appropriated annually from the general fund of the state to the 14 department of revenue an amount sufficient to carry out the 15 provisions of this subsection . The treasurer shall credit any 16 moneys received from the department against the amount of the 17 unpaid special assessment due and payable on the homestead of 18 the claimant. 19 Sec. 134. Section 425.39, Code 2011, is amended to read as 20 follows: 21 425.39 Fund created —— appropriation —— priority. 22 The elderly and disabled property tax credit and 23 reimbursement fund is created. There is appropriated annually 24 from the general fund of the state to the department of revenue 25 to be credited to the elderly and disabled property tax credit 26 and reimbursement fund, from funds not otherwise appropriated, 27 an amount sufficient to implement this division for claimants 28 described in section 425.17, subsection 2 , paragraph “a” , 29 subparagraph (1) . 30 Sec. 135. Section 435.27, subsection 1, Code 2011, is 31 amended to read as follows: 32 1. A mobile home or manufactured home converted to real 33 estate under section 435.26 may be reconverted to a home as 34 provided in this section when it is moved to a manufactured 35 -99- LSB 1437HV (2) 84 lh/rj 99/ 114
H.F. 566 home community or mobile home park or a manufactured or mobile 1 home retailer’s inventory. When the home is located within a 2 manufactured home community or mobile home park, the home shall 3 be taxed pursuant to section 435.22, subsection 1 , paragraph 4 “a” . 5 Sec. 136. Section 455B.473, subsection 4, Code 2011, is 6 amended to read as follows: 7 4. An owner or operator of a storage tank described in 8 section 455B.471, subsection 11 , paragraph “a” , subparagraph 9 (1), which brings the tank into use after July 1, 1987, shall 10 notify the department of the existence of the tank within 11 thirty days. The registration of the tank shall be accompanied 12 by a fee of ten dollars to be deposited in the storage tank 13 management account. A tank which is existing before July 1, 14 1987, shall be reported to the department by July 1, 1989. 15 Tanks under this section installed on or following July 1, 16 1987, shall comply with underground storage tank regulations 17 adopted by rule by the department. 18 Sec. 137. Section 455B.474, subsection 8, paragraph c, Code 19 2011, is amended to read as follows: 20 c. The commission shall adopt rules applicable to secondary 21 containment requirements consistent with and sufficient to 22 comply with the provisions of Pub. L. No. 109-58, Tit. XV, 23 § 1530(a), as codified at 42 U.S.C. § 6991b(i)(1), and guidance 24 adopted by the administrator of the United States environmental 25 protection agency pursuant to that provision. Each new 26 underground storage tank or piping connected to any such new 27 tank installed after July 1, 2007, or any existing underground 28 storage tank or existing piping connected to such existing 29 underground storage tank that is replaced after August 1, 2007, 30 shall be secondarily contained if the installation is within 31 one thousand feet of any existing community water system or 32 any existing potable drinking water well as provided in Pub. 33 L. No. 109-58, Tit. XV, § 1530(a), as codified at 42 U.S.C. 34 § 6991b(i)(1), and in guidance adopted by the United States 35 -100- LSB 1437HV (2) 84 lh/rj 100/ 114
H.F. 566 environmental protection agency pursuant to that provision. 1 Rules adopted under this paragraph shall not amend or modify 2 the secondary containment requirements in subsection 1 , 3 paragraph “f” “a” , subparagraph (9) (6), subparagraph division 4 (i) . 5 Sec. 138. Section 455B.474, subsection 9, paragraph h, Code 6 2011, is amended to read as follows: 7 h. Notwithstanding the certification requirements of this 8 subsection , a site cleanup report or corrective action design 9 report submitted by a certified groundwater professional shall 10 be accepted by the department in accordance with subsection 1 , 11 paragraph “d” “a” , subparagraph (2) (4) , subparagraph division 12 (e) (b), subparagraph subdivision (v) , and paragraph “f” “a” , 13 subparagraph (5) (6), subparagraph division (e) . 14 Sec. 139. Section 455B.474A, Code 2011, is amended to read 15 as follows: 16 455B.474A Rules consistent with federal regulations. 17 The rules adopted by the commission under section 18 455B.474 shall be consistent with and shall not exceed the 19 requirements of federal regulations relating to the regulation 20 of underground storage tanks except as provided in section 21 455B.474, subsection 1 , paragraph “f” “a” , subparagraph (6) , 22 and subsection 3 , paragraph “d” . It is the intent of the 23 general assembly that state rules adopted pursuant to section 24 455B.474, subsection 1 , paragraph “f” “a” , subparagraph (6) , 25 and subsection 3 , paragraph “d” , be consistent with and not 26 more restrictive than federal regulations adopted by the United 27 States environmental protection agency when those rules are 28 adopted. 29 Sec. 140. Section 455D.10A, subsection 3, paragraph a, 30 subparagraphs (2) and (3), Code 2011, are amended to read as 31 follows: 32 (2) Establishment of a comprehensive recycling program 33 for each type of battery listed in subparagraph (1) that is 34 sold, distributed, or offered for sale in this state. An 35 -101- LSB 1437HV (2) 84 lh/rj 101/ 114
H.F. 566 institutional generator shall provide for the on-site source 1 separation and collection of used mercuric oxide batteries, 2 nickel-cadmium rechargeable batteries, and sealed lead acid 3 rechargeable batteries. All participants in the stream 4 of commerce relating to the batteries, which are listed 5 in subparagraph (1) and which are not designated as exempt 6 pursuant to section 455D.10B, subsection 2 , paragraph “c” 7 or “d” “a” , subparagraph (3) or (4) , shall, individually or 8 collectively, be responsible for developing and operating a 9 system for collecting and transporting used batteries to the 10 appropriate dry cell battery manufacturer or to a site or 11 facility designated by a manufacturer. Additionally, dry cell 12 battery manufacturers shall be responsible for the recycling of 13 used batteries in an environmentally sound manner. 14 (3) Provision for collection, transporting, and proper 15 disposal of used household batteries of the types listed in 16 subparagraph (1) which are distributed, sold, or offered for 17 retail sale in the state. For the purposes of this paragraph, 18 “proper disposal” means disposal which complies with all 19 applicable state and federal laws. All participants in the 20 stream of commerce relating to the batteries, which are listed 21 in subparagraph (1) and which are not designated as exempt 22 pursuant to section 455D.10B, subsection 2 , paragraph “c” 23 or “d” “a” , subparagraph (3) or (4) , shall, individually or 24 collectively, be responsible for developing and operating a 25 system for collecting and transporting used batteries to the 26 appropriate dry cell battery manufacturer or to a site or 27 facility designated by a manufacturer. Additionally, dry cell 28 battery manufacturers shall be responsible for proper disposal 29 of the used batteries. 30 Sec. 141. Section 455G.9, subsection 1, paragraph a, 31 subparagraphs (5) and (6), Code 2011, are amended to read as 32 follows: 33 (5) For the purposes of calculating corrective action costs 34 under this paragraph, corrective action shall include the 35 -102- LSB 1437HV (2) 84 lh/rj 102/ 114
H.F. 566 cost of a tank system upgrade required by section 455B.474, 1 subsection 1 , paragraph “f” “a” , subparagraph (9) (6), 2 subparagraph division (i) . Payments under this subparagraph 3 shall be limited to a maximum of ten thousand dollars for any 4 one site. 5 (6) For the purposes of calculating corrective action costs 6 under this paragraph, corrective action shall include the costs 7 associated with monitoring required by the rules adopted under 8 section 455B.474, subsection 1 , paragraph “f” “a” , subparagraph 9 (6) , but corrective action shall exclude monitoring used 10 for leak detection required by rules adopted under section 11 455B.474, subsection 1 , paragraph “a” , subparagraph (1) . 12 Sec. 142. Section 455G.9, subsection 1, paragraph f, Code 13 2011, is amended to read as follows: 14 f. One hundred percent of the costs up to twenty thousand 15 dollars incurred by the board under section 455G.12A, 16 subsection 2 , unnumbered paragraph 2 “b” , for site cleanup 17 reports. Costs of a site cleanup report which exceed twenty 18 thousand dollars shall be considered a cost of corrective 19 action and the amount shall be included in the calculations 20 for corrective action cost copayments under subsection 4 . The 21 board shall have the discretion to authorize a site cleanup 22 report payment in excess of twenty thousand dollars if the site 23 is participating in community remediation. 24 Sec. 143. Section 455D.10A, subsection 3, paragraph a, 25 subparagraphs (2) and (3), Code 2011, are amended to read as 26 follows: 27 (2) Establishment of a comprehensive recycling program 28 for each type of battery listed in subparagraph (1) that is 29 sold, distributed, or offered for sale in this state. An 30 institutional generator shall provide for the on-site source 31 separation and collection of used mercuric oxide batteries, 32 nickel-cadmium rechargeable batteries, and sealed lead acid 33 rechargeable batteries. All participants in the stream 34 of commerce relating to the batteries, which are listed 35 -103- LSB 1437HV (2) 84 lh/rj 103/ 114
H.F. 566 in subparagraph (1) and which are not designated as exempt 1 pursuant to section 455D.10B, subsection 2 , paragraph “c” 2 or “d” “a” , subparagraph (3) or (4) , shall, individually or 3 collectively, be responsible for developing and operating a 4 system for collecting and transporting used batteries to the 5 appropriate dry cell battery manufacturer or to a site or 6 facility designated by a manufacturer. Additionally, dry cell 7 battery manufacturers shall be responsible for the recycling of 8 used batteries in an environmentally sound manner. 9 (3) Provision for collection, transporting, and proper 10 disposal of used household batteries of the types listed in 11 subparagraph (1) which are distributed, sold, or offered for 12 retail sale in the state. For the purposes of this paragraph, 13 “proper disposal” means disposal which complies with all 14 applicable state and federal laws. All participants in the 15 stream of commerce relating to the batteries, which are listed 16 in subparagraph (1) and which are not designated as exempt 17 pursuant to section 455D.10B, subsection 2 , paragraph “c” 18 or “d” “a” , subparagraph (3) or (4) , shall, individually or 19 collectively, be responsible for developing and operating a 20 system for collecting and transporting used batteries to the 21 appropriate dry cell battery manufacturer or to a site or 22 facility designated by a manufacturer. Additionally, dry cell 23 battery manufacturers shall be responsible for proper disposal 24 of the used batteries. 25 DIVISION IV 26 DIRECTIVES 27 Sec. 144. CODE EDITOR DIRECTIVES. 28 1. The Code editor is directed to number, renumber, 29 designate, or redesignate to eliminate unnumbered paragraphs 30 within sections 231.4, 261A.42, 423A.2, 423D.1, 425.26, 425.33, 31 427.12, 441.26, 441.35, 441.45, 450B.2, 452A.19, 452A.21, 32 452A.62, 455B.193, 455B.243, 455B.444, 455G.12, 456.1, 456B.7, 33 456B.12, 459.502, 459A.206, 462A.71, 468.12, 468.57, 468.567, 34 and 558A.4, Code 2011, in accordance with established Code 35 -104- LSB 1437HV (2) 84 lh/rj 104/ 114
H.F. 566 section hierarchy and correct internal references in the Code 1 and in any enacted Iowa Acts as necessary. 2 2. The Code editor is directed to number, renumber, 3 designate, or redesignate to eliminate unnumbered paragraphs 4 within section subunits in sections 390.12, subsection 3; 5 421.1, subsections 1 and 5; 421.17B, subsection 3, paragraph 6 “a”; 421.17B, subsection 9; 421.47, subsection 2; 421.60, 7 subsection 2, paragraphs “a” and “c”; 421.60, subsection 8 2, paragraph “m”, subparagraph (2); 422.8, subsection 5; 9 422.11N, subsection 4, paragraph “b”, subparagraph (3); 422.60, 10 subsection 3; 422.73, subsection 1; 422.89, subsection 3; 11 423.2, subsection 6; 423.3, subsections 8, 31, and 86; 423.4, 12 subsection 6, paragraph “c”; 423A.7, subsection 4, paragraphs 13 “d” and “f”; 423B.9 subsection 4, paragraph “a”; 424.6, 14 subsection 1; 424.10, subsection 2; 425.1, subsection 1; 425.7, 15 subsection 3; 435.26A, subsection 2; 435.27, subsection 2; 16 437A.5, subsection 1, paragraph “c”; 437A.5, subsections 6 and 17 7; 437A.7, subsection 1; 437A.14, subsection 1, paragraph “b”; 18 437A.15, subsection 3, paragraph “a”; 437A.15, subsection 4; 19 441.17, subsection 5; 441.21, subsection 1, paragraph “i”; 20 441.37, subsections 1 and 2; 446.9, subsection 3; 446.20, 21 subsections 1 and 2; 447.8, subsections 1 and 5; 450.3, 22 subsection 7; 450.22, subsection 3; 452A.15, subsection 1; 23 453A.2, subsection 8; 453A.8, subsection 3; 453A.44, subsection 24 4; 453A.45, subsections 1 and 5; 453A.46, subsections 1 and 2; 25 453B.1, subsection 3; 453D.3, subsection 1, paragraphs “b” and 26 “d”; 455A.18, subsection 3; 455A.19, subsection 1, paragraph 27 “a”; 455A.19, subsection 2; 455B.113, subsection 2; 455B.263, 28 subsection 6; 455B.275, subsection 3; 455B.305A, subsections 29 1, 3, 4, and 6; 455B.416, subsection 1; 455B.443, subsection 30 2; 455B.473, subsection 8; 455B.474, subsection 2, paragraph 31 “a”; 455E.11, subsection 1; 455E.11, subsection 2, paragraph 32 “b”, subparagraph (3), subparagraph division (b); 455H.201, 33 subsection 1; 455H.204, subsection 4, paragraph “a”; 455H.301, 34 subsection 2; 456A.33B, subsection 1; 459.310, subsection 4, 35 -105- LSB 1437HV (2) 84 lh/rj 105/ 114
H.F. 566 paragraph “b”; 459.312, subsection 4; 459.604, subsection 1; 1 460.202, subsection 1; 460.302, subsection 3, paragraph “a”; 2 460.304, subsection 2, paragraph “a”; 462A.5, subsections 1 3 and 3; 462A.9, subsections 1 and 8; 476.1D, subsection 1, 4 paragraph “c”; 476.1D, subsection 10; 476.3, subsection 2; 5 476.18, subsection 3; 476.20, subsections 3 and 5; 476.27, 6 subsection 6; 476.55, subsection 2; 476.97, subsection 3, 7 paragraph “a”, subparagraph (4); 476.97, subsection 11, 8 paragraphs “h” and “j”; 476C.4, subsection 4, paragraphs “b” 9 and “c”; 476C.6, subsection 1; 478.3, subsection 2; 479.46, 10 subsections 2 and 3; 479B.30, subsection 3; 481A.38, subsection 11 1; 481A.56, subsection 1; 481A.62, subsection 3; and 483A.24, 12 subsection 2, paragraph “a”, subparagraph (3), Code 2011, in 13 accordance with established Code section hierarchy and correct 14 internal references in the Code and in any enacted Iowa Acts 15 as necessary. 16 DIVISION V 17 EFFECTIVE DATE AND 18 APPLICABILITY PROVISIONS 19 Sec. 145. EFFECTIVE DATE. The section of this Act amending 20 2010 Iowa Acts, chapter 1192, section 78, being deemed of 21 immediate importance, takes effect upon enactment. 22 Sec. 146. RETROACTIVE APPLICABILITY. The section of this 23 Act amending 2010 Iowa Acts, chapter 1192, section 78, applies 24 retroactively to July 1, 2010. 25 EXPLANATION 26 DIVISION 1. This bill makes Code changes and corrections 27 that are considered to be nonsubstantive and noncontroversial, 28 in addition to style changes. Changes made include updating 29 or correcting names of and references to public and private 30 entities and funds, correcting internal Code and subject matter 31 references, renumbering and reorganizing various provisions 32 to eliminate unnumbered paragraphs and facilitate citation, 33 updating United States Code and Code of Federal Regulations 34 references, and making various grammatical corrections. The 35 -106- LSB 1437HV (2) 84 lh/rj 106/ 114
H.F. 566 Code sections in which the technical, grammatical, and other 1 nonsubstantive changes are made include all of the following: 2 Code sections 8.57 and 12.89A: Corrects references to the 3 federal subsidy holdback fund in two provisions that describe 4 when moneys left in that fund are to be deposited in or 5 credited to the rebuild Iowa infrastructure fund. 6 Code sections 8A.311, 8A.316, 260C.19B, 262.25B, and 7 904.312B: Changes the term “bio-based” to “biobased” to make 8 the spelling of that term consistent with other instances of 9 the term in the Code and in 7 C.F.R. § 2902, adopted by the 10 United States department of agriculture. 11 Code section 8D.3: Internally rearranges subsection 2 12 of this Code section establishing the membership of the Iowa 13 telecommunications and technology commission to separate 14 provisions relating to members appointed by the governor from 15 those relating to the ex officio, nonvoting members and to 16 place language relating to meetings of the commission at the 17 end of the subsection. 18 Code section 12.87: Internally redesignates this Code 19 section relating to the authority of the treasurer of state 20 to sell bonds for infrastructure projects and the Iowa jobs 21 program in accordance with established practices for the Code. 22 Code section 29C.20B: Changes two verbs to nouns in this 23 provision describing the components of the statewide system of 24 disaster case management to conform to the style of the other 25 related provisions. 26 Code sections 34A.15, 100B.1, 101C.3, 147A.2: Changes 27 references to the Iowa firemen’s association in provisions 28 establishing the membership of various councils to reflect the 29 association’s new name, the “Iowa firefighters association”. 30 Code sections 34A.15, 100B.1, 101C.3, 147A.2: Changes 31 references to the Iowa firemen’s association in provisions 32 establishing the membership of various councils to reflect the 33 association’s new name, the “Iowa firefighters association”. 34 Code section 88.19: Strikes the word “and” and adds two 35 -107- LSB 1437HV (2) 84 lh/rj 107/ 114
H.F. 566 indefinite articles within a listing of types of information 1 that may be included within the annual report on occupational 2 safety and health made by the labor commissioner to the general 3 assembly. 4 Code section 89.6: Moves the words “to the commissioner” to 5 improve the grammar within this provision relating to a notice 6 that an owner or user must give to the labor commissioner 7 before converting a power boiler to a low pressure boiler. 8 Code sections 97C.2 and 97C.4: Strikes nonconforming Code 9 section hierarchical elements within these two sections of the 10 federal social security enabling Act. 11 Code section 135.80: Transfers this Code section creating 12 the mental health professional shortage area from the division 13 that establishes the health facilities council and the 14 requirements relating to applications for a certificate of need 15 for new or changed institutional health services to a more 16 appropriate division relating to health care workforce support 17 at the end of Code chapter 135. 18 Code section 135.159: Corrects a reference to the name 19 of the office of minority and multicultural health in this 20 provision establishing the medical home system. 21 Code section 136.1: Sets out and enumerates the provisions 22 describing the membership of the state board of health in 23 conformance with established Code hierarchy. 24 Code section 159A.3: Changes the verb form within this 25 provision describing one of the duties of the office of 26 renewable fuels and coproducts to conform to the other 27 provisions describing the duties of that office. 28 Code section 252B.20: Corrects references to two 29 subchapters of Code chapter 252H to facilitate hypertext 30 linkage within this provision relating to suspension of child 31 support. 32 Code sections 282.6 and 321.178: Changes the words 33 “driver’s” and “drivers” to “driver” to conform to other 34 references to the driver education program approved by the 35 -108- LSB 1437HV (2) 84 lh/rj 108/ 114
H.F. 566 department of transportation in a Code section regarding 1 tuition in public schools and the Code section establishing the 2 requirements for the driver education program. 3 Code section 285.5: Corrects the grammar, by adding the 4 word “and” before the last item, in this series pertaining 5 to contracts with private parties for school bus service for 6 children who attend public and nonpublic schools. 7 Code section 306B.1: Updates two federal references by 8 deleting an extraneous use of two abbreviated title references 9 and adding section symbols in these definition provisions for 10 the Code chapter governing outdoor advertising along interstate 11 highways. 12 Code section 306C.10: Conforms a use of the term “specific 13 information of interest to the traveling public” to the 14 definition of the same term in the portion of Code chapter 306C 15 that deals with billboard control. 16 Code section 313.4: Corrects a Code section reference in 17 a provision relating to disbursement of primary road funds 18 in order to facilitate hypertext linkage to the Code section 19 cited. 20 Code section 321.188: Updates Code of Federal Regulations 21 citations within this provision relating to commercial driver’s 22 license requirements to conform to the citation form used 23 throughout the Code for this type of citation. 24 Code section 321J.2: Corrects a reference to the name of the 25 reality education substance abuse prevention program in this 26 provision regarding the offense of operating while intoxicated. 27 Code section 323A.2: Adds a missing definite article to 28 language regarding the purchase of motor fuel by motor fuel 29 retailers or distributors under a franchise. 30 Code section 336.16: Adds the missing verb “is” in language 31 relating to publication of notice regarding a proposal to 32 submit a proposition for withdrawal from a library district to 33 an election. 34 Code sections 360.1 and 364.4: Internally renumbers these 35 -109- LSB 1437HV (2) 84 lh/rj 109/ 114
H.F. 566 Code sections to set out language that is to be placed on an 1 election ballot from the balance of the language of the Code 2 sections. 3 Code section 400.2: Strikes the word “to” and adds a comma 4 to correct the grammar of a provision pertaining to the types 5 of sales or contracts to a city which can only be awarded by 6 written, public, competitive bid. 7 Code section 403.19A: Corrects the name used to refer to 8 the targeted jobs withholding credits awarded by pilot project 9 cities to qualified employers. 10 Code section 403A.21: Renumbers and redesignates within 11 this Code section relating to certain housing projects to 12 conform the subordinate provisions outlining the permissive 13 authority granted to a state public body to the initial 14 language and separates those provisions from a provision 15 relating to appraisal, public notice, advertisement, or public 16 bidding. 17 Code section 422.32: Renumbers these definitions relating 18 to the taxation of corporations and conforms definitions to the 19 style of the balance of the definitions. 20 Code sections 423.3 and 427.1: Corrects the spelling of the 21 word “backup” in the term “backup power generation systems” in 22 two Code sections that provide certain tax exemptions for web 23 search portal businesses. 24 Code section 423F.5: Removes a self-reference to Code 25 chapter 423F within this provision relating to financial audits 26 of school districts under the school infrastructure funding 27 Code chapter. 28 Code section 435.23: Divides this provision relating to 29 exemptions from and prorating of tax on certain manufactured or 30 mobile homes, modular homes, and travel trailers to separate 31 the exemptions from the proration provisions. 32 Code section 441.49: Numbers, and splits out language 33 specifying the contents of a statement that is to be included 34 in a final property tax equalization order, in this provision 35 -110- LSB 1437HV (2) 84 lh/rj 110/ 114
H.F. 566 relating to adjustments in valuation of classes of property. 1 Code section 453A.13: Renumbers to eliminate unanchored, 2 unnumbered paragraphs and replaces the word “said” with the 3 word “that” in this provision relating to state permit fees for 4 cigarette and tobacco distributors, vendors, and wholesalers. 5 Code section 455B.134: Replaces the words “gas emissions” 6 with the word “gases” to correct the usage in language 7 describing what must be quantified by applicants for certain 8 permits for electric power generating facilities. 9 Code section 455B.172: Corrects language describing the 10 conditions under which a building’s private sewage disposal 11 system must be inspected. 12 Code section 455B.305: Adds the word “this” before a 13 reference to the part within which this provision, relating to 14 sanitary disposal project permits, is found. 15 Code section 455E.11: Corrects a reference to the Iowa 16 comprehensive petroleum underground storage tank fund board 17 in language describing an agreement between that board 18 and the department of natural resources for the completion 19 of administrative tasks relating to the evaluation and 20 modification of risk based corrective action rules. 21 Code section 455G.4: Clarifies wording within language 22 describing the qualifications of the two public members on the 23 Iowa comprehensive petroleum underground storage tank fund 24 board. 25 Code sections 456A.17 and 456A.19: Clarifies two references 26 to the state conservation fund from the county conservation 27 fund, by adding the word “state” before the words “conservation 28 fund”. 29 Code section 462A.26: Updates the paragraphing within this 30 provision relating to the operation of motorboats on inland 31 lakes and federal impoundments under the jurisdiction of the 32 natural resource commission. 33 Code section 463C.17: Strikes the word “its” and removes a 34 hyphen from the term “term length” to improve the grammar and 35 -111- LSB 1437HV (2) 84 lh/rj 111/ 114
H.F. 566 spelling within this provision that exempts the Honey Creek 1 park authority and the department of natural resources from 2 competitive bid laws. 3 Code section 468.586: Corrects citations to two divisions 4 of two different Code chapters to facilitate hypertext linkage 5 within this provision relating to assessment of costs of 6 drainage improvements. 7 Code section 499B.17: Strikes nonconforming Code hierarchy 8 designations from within this provision relating to priority of 9 liens against the owner of a condominium. 10 Code sections 505.28 and 505.29: Corrects Code chapter 11 self-references in these two provisions in the Code chapter 12 establishing the insurance division of the department of 13 commerce. 14 Code section 515E.4: Changes two references to the “unfair 15 claim settlement practices law” within a provision regarding 16 risk retention groups not organized within Iowa. 17 Code section 533.301: Adds the word “for” to correct the 18 grammar in a series in this provision describing the powers of 19 a state credit union. 20 Code section 535.2: Corrects the form of a citation to 21 a 1980 Iowa Act in this provision relating to the rate of 22 interest that may be charged in certain transactions. 23 Code section 535A.6: Corrects a series of Code citations to 24 eliminate a self-reference in this Code section relating to an 25 action for damages for persons aggrieved by certain mortgage 26 practices. 27 Code section 536.19: Moves a reference to Code chapter 537 28 to facilitate hypertext linkage within this provision relating 29 to violations of the regulated loans Code chapter. 30 Code section 537.3203: Adds a colon to correct the 31 punctuation within this provision describing the notice that 32 must be given to a consumer in a consumer credit transaction. 33 Code section 572.13: Letters unnumbered paragraphs 34 to facilitate citation within a provision pertaining to 35 -112- LSB 1437HV (2) 84 lh/rj 112/ 114
H.F. 566 liability of owners to contractors for work performed on an 1 owner-occupied dwelling. 2 Code section 617.3: Strikes nonconforming Code hierarchy 3 designations from within this provision relating to foreign 4 corporations or nonresidents contracting or committing torts 5 in Iowa. 6 Code section 622.62: Adds a comma between two consecutive 7 uses of the words “this section” to facilitate readability in 8 this provision relating to evidence of lawfulness of certain 9 city ordinances. 10 Code section 631.17: Corrects the form of a citation to 11 article 7 of Code chapter 537 to facilitate citation to that 12 article in this provision relating to prohibited practices in 13 small claims actions. 14 Code section 633.279: Letters a provision to more easily 15 distinguish a form from surrounding Code section text in this 16 provision regarding self-proved wills. 17 Code section 633.675: Internally renumbers this provision 18 describing causes for termination of a guardianship. 19 Code section 633.707: Corrects a reference to the term 20 “voter registration” and corrects the grammar in this provision 21 describing whether a respondent in a guardianship proceeding 22 has significant connections with a particular state. 23 Code sections 642.5 and 642.21: Numbers the Code section 24 642.5 and corrects a reference in Code section 642.21 to a 25 provision that is part of a form contained in Code section 26 642.5 that describes the questions that are to be posed to a 27 garnishee by a sheriff. 28 Code section 692A.118: Deletes an extraneous “who” in 29 language describing when a notice is to be made on the sex 30 offender registry regarding the flight of a sex offender. 31 2010 Iowa Acts, chapter 1192, section 78: Corrects the 32 lead-in in this 2010 Iowa Act to reflect that only the first 33 unnumbered paragraph of Code section 135N.3, subsection 2, was 34 amended in the Act. This change is effective upon enactment 35 -113- LSB 1437HV (2) 84 lh/rj 113/ 114
H.F. 566 and applies retroactively to July 1, 2010. 1 DIVISION II. The Code sections in this division are amended 2 by numbering, renumbering, designating, or redesignating 3 provisions within volume IV of the Code, and by changing 4 textual references as necessary. The purposes of the Code 5 changes are to conform the Code provisions to existing Code 6 section hierarchy, to eliminate “unanchored” unnumbered 7 paragraphs within the Code sections, to facilitate Code section 8 readability, and to facilitate citation to those Code sections. 9 DIVISION III. This division contains corrections to 10 internal references to Code sections that are numbered, 11 renumbered, designated, or redesignated in division II of this 12 bill. 13 DIVISION IV. This division contains Code editor directives 14 to number, renumber, designate, or redesignate Code provisions 15 to eliminate “unanchored” unnumbered paragraphs in Code 16 provisions that do not require any additional textual reference 17 corrections. 18 DIVISION V. This division contains an effective date and 19 retroactive applicability provision relating to a corrective 20 change to 2010 Iowa Acts, chapter 1192, section 78 in division 21 I of the bill. 22 -114- LSB 1437HV (2) 84 lh/rj 114/ 114
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