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

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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

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