Bill Text: IA HF567 | 2023-2024 | 90th General Assembly | Introduced

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

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Bill Title: A bill for an act relating to nonsubstantive Code corrections, and including effective date and retroactive applicability provisions. (Formerly HSB 159.) Contingent effective date. Applicability date: 01/01/2022, 01/01/2023.

Spectrum: Committee Bill

Status: (Passed) 2023-05-03 - Signed by Governor. H.J. 05/03. [HF567 Detail]

Download: Iowa-2023-HF567-Introduced.html

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House File 567 - Introduced
HOUSE FILE 567
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 159)
(COMPANION TO SF 286 BY
COMMITTEE ON JUDICIARY)
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
MISCELLANEOUS CHANGES
Section 1. Section 2.47, Code 2023, is amended to read as
follows:
2.47 Procedure.
The chairpersons of the committees on budget appropriations
shall serve as co-chairpersons of the legislative fiscal
committee. The legislative fiscal committee shall determine
its own method of procedure and shall meet as often as deemed
necessary, subject to the approval of the legislative council.
It shall keep a record of its proceedings which shall be open
to public inspection, and it shall inform the legislative
council in advance concerning the dates of meetings of the
committee.
Sec. 2. Section 2.51, Code 2023, is amended to read as
follows:
2.51 Visitations.
The legislative fiscal committee, with the approval of the
legislative council, may direct a subcommittee, which shall be
composed of the chairpersons and minority party ranking members
of the appropriate subcommittees of the committees on budget
appropriations of the senate and the house of representatives
and the chairpersons of the appropriate standing committees
of the general assembly, to visit the offices and facilities
of any state office, department, agency, board, bureau,
or commission to review programs authorized by the general
assembly and the administration of the programs. When the
legislative fiscal committee visits the offices and facilities
of any state office, department, agency, board, bureau,
or commission to review programs authorized by the general
assembly and the administration of the programs, there shall be
included the chairpersons and minority party ranking members
of the appropriate subcommittees of the committees on budget
appropriations of the senate and the house of representatives.
The legislative council may appoint a member of the
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subcommittee or standing committee to serve in place of that
subcommittee’s or standing committee’s chairperson or minority
party ranking member on the legislative fiscal visitation
committee or subcommittee if that person will be absent. The
subcommittee and the legislative fiscal committee shall be
provided with information by the legislative services agency
concerning budgets, programs, and legislation authorizing
programs prior to any visitation. Members of a committee shall
be compensated pursuant to section 2.10, subsection 5 . The
subcommittee shall make reports and recommendations as required
by the legislative fiscal committee.
Sec. 3. Section 8.39, subsection 4, Code 2023, is amended
to read as follows:
4. Prior to any transfer of funds pursuant to subsection
1 or 2 of this section or a transfer of an allocation from
a subunit of a department which statutorily has independent
budgeting authority, the director shall notify the chairpersons
of the standing committees on budget appropriations of the
senate and the house of representatives and the chairpersons of
subcommittees of such committees of the proposed transfer. The
notice from the director shall include information concerning
the amount of the proposed transfer, the departments,
institutions or agencies affected by the proposed transfer and
the reasons for the proposed transfer. Chairpersons notified
shall be given at least two weeks to review and comment on the
proposed transfer before the transfer of funds is made.
Sec. 4. Section 8C.7A, subsection 3, paragraph c,
subparagraph (3), subparagraph division (a), subparagraph
subdivision (iii), Code 2023, is amended to read as follows:
(iii) The application would result in the authority being
noncompliant with the federal Americans With Disabilities Act
of 1990 .
Sec. 5. Section 13C.1, subsection 4, Code 2023, is amended
to read as follows:
4. “Professional commercial fund-raiser” means any person
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who for compensation solicits contributions in Iowa for a
charitable organization other than the person. A person
whose sole responsibility is to mail fund-raising fundraising
literature is not a professional commercial fund-raiser. A
lawyer, investment counselor, or banker who advises a person
to make a charitable contribution is not, as a result of such
advice, a professional commercial fund-raiser. A bona fide
salaried officer, employee, or volunteer of a charitable
organization is not a professional commercial fund-raiser.
Sec. 6. Section 15E.64, subsection 7, Code 2023, is amended
to read as follows:
7. After incorporation, the Iowa capital investment
corporation shall conduct a national solicitation for
investment plan proposals from qualified venture capital
investment fund allocation managers for the raising and
investing of capital by the Iowa fund of funds in accordance
with the requirements of this subchapter . Any proposed
investment plan shall address the applicant’s level of
experience, quality of management, investment philosophy and
process, probability of success in fund-raising fundraising ,
prior investment fund results, and plan for achieving the
purposes of this subchapter . The selected venture capital
investment fund allocation manager shall be a person
with substantial, successful experience in the design,
implementation, and management of seed and venture capital
investment programs and in capital formation. The corporation
shall only select a venture capital investment fund allocation
manager with demonstrated expertise in the management and
fund allocation of investments in venture capital funds. The
corporation shall select the venture capital investment fund
allocation manager deemed best qualified to generate the amount
of capital required by this subchapter and to invest the
capital of the Iowa fund of funds.
Sec. 7. Section 22.7, subsection 52, paragraph c, Code 2023,
is amended to read as follows:
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c. Except as provided in paragraphs “a” and “b” , portions
of records relating to the receipt, holding, and disbursement
of gifts made for the benefit of regents institutions and
made through foundations established for support of regents
institutions, including but not limited to written fund-raising
fundraising policies and documents evidencing fund-raising
fundraising practices, shall be subject to this chapter .
Sec. 8. Section 23A.2, subsections 6, 7, and 8, Code 2023,
are amended to read as follows:
6. a. The director of the department of corrections, with
the advice of the state prison industries advisory board, may,
by rule, provide for exemptions from this chapter .
b. This chapter shall not be construed to impair cooperative
agreements between Iowa state industries and private
enterprise.
c. The director of the department of corrections, with the
advice of the board of corrections, may, by rule, provide for
exemption from this chapter for vocational-educational programs
and farm operations of the department.
7. However, this chapter shall not be construed to impair
cooperative agreements between Iowa state industries and
private enterprise.
8. The director of the department of corrections, with the
advice of the board of corrections, may by rule, provide for
exemption from this chapter for vocational-educational programs
and farm operations of the department.
Sec. 9. Section 29C.9, subsection 3, Code 2023, is amended
to read as follows:
3. The name used by the commission shall be “ (county name)
county emergency management commission ” . The name used by
the office of the commission shall be “ (county name) county
emergency management agency ” .
Sec. 10. Section 35A.13, subsection 4, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Costs for performance and compliance monitoring , and
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accounting for fund investments.
Sec. 11. Section 53.47, subsection 1, Code 2023, is amended
to read as follows:
1. In order to establish uniformity in size, weight ,
and other characteristics of the ballot and facilitate its
distribution and return, the department of administrative
services shall upon direction of the state commissioner
purchase any material needed for any special ballots,
envelopes , and other printed matter, and sell any such
materials to the several counties of the state at cost plus
handling and transportation costs.
Sec. 12. Section 68A.304, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Equipment, supplies, or other materials purchased
with campaign funds or received in-kind in kind are campaign
property.
Sec. 13. Section 68A.701, Code 2023, is amended to read as
follows:
68A.701 Penalty.
Any person who willfully violates any provisions of
this chapter shall , upon conviction, be guilty of a serious
misdemeanor.
Sec. 14. Section 76.10, subsection 1, Code 2023, is amended
to read as follows:
1. All public bonds or obligations issued before or after
July 1, 1983 , may be in registered form. An issuer of public
bonds or obligations may designate for a term as agreed upon,
one or more persons, corporations, partnerships, or other
associations located within or without the state to serve as
trustee, transfer agent, registrar, depository, or paying or
other agent in connection with the public bonds or obligations
and to carry out services and functions which are customary in
such capacities or convenient or necessary to comply with the
intent and provisions of this chapter .
Sec. 15. Section 80D.7, Code 2023, is amended to read as
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follows:
80D.7 Carrying weapons.
A member of a reserve force shall not carry a weapon in
the line of duty until the member has been approved by the
governing body and certified by the Iowa law enforcement
academy council to carry weapons. After approval and
certification, a reserve peace officer may carry a weapon in
the line of duty only when authorized by the chief of police,
sheriff, commissioner of public safety or the commissioner’s
designee, or director of the judicial district department of
correctional services or the director’s designee, as the case
may be.
Sec. 16. Section 99F.6, subsection 4, paragraph a,
subparagraph (4), Code 2023, is amended to read as follows:
(4) A qualified sponsoring organization shall not make a
contribution to a candidate, political committee, candidate’s
committee, state statutory political committee, county
statutory political committee, national political party, or
fund-raising fundraising event as these terms are defined in
section 68A.102 . The membership of the board of directors of
a qualified sponsoring organization shall represent a broad
interest of the communities.
Sec. 17. Section 100.14, Code 2023, is amended to read as
follows:
100.14 Legal proceedings —— penalties —— injunctive relief.
At the request of the state fire marshal, the county
attorney shall institute any legal proceedings on behalf of the
state necessary to obtain compliance or enforce the penalty
provisions of this chapter or rules or orders adopted or issued
pursuant to this chapter , including , but not limited to , a
legal action for injunctive relief. The county attorney or
any other attorney acting on behalf of the chief of a fire
department or a fire prevention officer may institute legal
proceedings, including , but not limited to , a legal action for
injunctive relief, to obtain compliance or enforce the penalty
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provisions or orders issued pursuant to section 100.13 .
Sec. 18. Section 103.18, Code 2023, is amended to read as
follows:
103.18 License renewal —— continuing education.
In order to renew a class A master electrician license , class
B master electrician license , class A journeyman electrician
license , or class B journeyman electrician license issued
pursuant to this chapter , the licensee shall be required to
complete eighteen contact hours of continuing education courses
approved by the board during the three-year period for which a
license is granted. The contact hours shall include a minimum
of six contact hours studying the national electrical code
described in section 103.6 , and the remaining contact hours may
include study of electrical circuit theory, blueprint reading,
transformer and motor theory, electrical circuits and devices,
control systems, programmable controllers, and microcomputers
or any other study of electrical-related material that is
approved by the board. Any additional hours studying the
national electrical code shall be acceptable. For purposes of
this section , “contact hour” means fifty minutes of classroom
attendance at an approved course under a qualified instructor
approved by the board.
Sec. 19. Section 147.77, subsection 1, paragraph h,
subparagraph (3), Code 2023, is amended to read as follows:
(3) For the regulation of licensees in restricted areas of
a racing facility, that licensees whose duties require them to
be in a restricted area of a racing facility shall not have
present within their systems any controlled substance as listed
in schedules I to V of U.S.C. Tit. 21 (Food and Drug Section
812) section 202 of the federal Controlled Substances Act,
21 U.S.C. §812 , chapter 124 , or any prescription drug unless
it was obtained directly or pursuant to valid prescription
or order from a duly licensed physician who is acting in the
course of professional practice.
Sec. 20. Section 147F.1, subsection 2, paragraph a, Code
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2023, is amended to read as follows:
a. “Active duty military” means full-time duty status in
the active uniformed service of the United States, including
members of the national guard and the reserves on active duty
orders pursuant to 10 U.S.C. §1209 ch. 1209 and 10 U.S.C. §1211
ch. 1211 .
Sec. 21. Section 147F.1, subsection 6, Code 2023, is amended
to read as follows:
6. Active duty military personnel or their spouses. Active
duty military personnel, or their spouse spouses , shall
designate a home state where the individual has a current
license in good standing. The individual may retain the
home state designation during the period the service member
is on active duty. Subsequent to designating a home state,
the individual shall only change their home state through
application for licensure in the new state.
Sec. 22. Section 147F.1, subsection 8, paragraph c,
subparagraph (11), Code 2023, is amended to read as follows:
(11) Accept any and all appropriate donations and grants
of money, equipment, supplies, materials, and services, and
receive, utilize , and dispose of the same; provided that at all
times the commission shall avoid any appearance of impropriety
or conflict of interest.
Sec. 23. Section 151.10, Code 2023, is amended to read as
follows:
151.10 Education requirements.
A person who is an applicant for a license to practice
chiropractic shall only be required to be tested for the
adjunctive procedures specified in section 151.1, subsection
3 , which the person chooses to utilize. A person licensed
to practice chiropractic shall only be required to complete
continuing education requirements for the adjunctive procedures
specified in section 151.1, subsection 3 , which the person
chooses to utilize. A person who is an applicant for a license
to practice chiropractic or a person licensed to practice
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chiropractic shall not be required to utilize any of the
adjunctive procedures specified in section 151.1, subsection
3 , to obtain a license or continue to practice chiropractic,
respectively.
Sec. 24. Section 162.2, subsection 4, Code 2023, is amended
to read as follows:
4. “Animal warden” means any person employed, contracted, or
appointed by the state, municipal corporation, or any political
subdivision of the state, for the purpose of aiding in the
enforcement of the provisions of this chapter or any other law
or ordinance relating to the licensing of animals, control of
animals , or seizure and impoundment of animals and includes any
peace officer, animal control officer, or other employee whose
duties in whole or in part include assignments which involve
the seizure or taking into custody of any animal.
Sec. 25. Section 165A.1, subsection 4, Code 2023, is amended
to read as follows:
4. “Johne’s disease” means a disease caused by the bacterium
mycobacterium Mycobacterium paratuberculosis, and which is also
referred to as paratuberculosis disease.
Sec. 26. Section 189A.5, subsection 2, paragraph e, Code
2023, is amended to read as follows:
e. Investigate the sanitary conditions of each establishment
within paragraph “a” of this subsection and withdraw or
otherwise refuse to provide inspection service at any such
establishment where the sanitary conditions are such as to
render adulterated any livestock products or poultry products
prepared or handled thereat at the establishment .
Sec. 27. Section 190.2, subsection 1, Code 2023, is amended
to read as follows:
1. The department may establish and publish standards for
foods when such standards are not fixed by law. The standards
shall conform with standards for foods adopted by federal
agencies including , but not limited to , the United States
department of agriculture.
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Sec. 28. Section 202A.4, subsection 2, Code 2023, is amended
to read as follows:
2. A provision which is part of a contract for the purchase
of livestock executed on and after April 29, 1999, for the
purchase of livestock is void , if the provision states that
information contained in the contract is confidential. The
provision is void regardless of whether the confidentiality
provision is express or implied; oral or written; required or
conditional; or contained in the contract, another contract,
or in a related document, policy, or agreement. This section
does not affect other provisions of a contract or a related
document, policy, or agreement which can be given effect
without the voided provision. This section does not require
either party to the contract to divulge the information in the
contract to another person.
Sec. 29. Section 206.8, subsection 3, Code 2023, is amended
to read as follows:
3. Up to twenty-five dollars of each annual license fee
shall be retained by the department for administration of the
program, and the remaining moneys collected shall be deposited
in the agriculture management account of the groundwater
protection fund created in section 455E.11 .
Sec. 30. Section 206.12, subsection 3, Code 2023, is amended
to read as follows:
3. The registrant, before selling or offering for sale any
pesticide for use in this state, shall register each brand
and grade of such pesticide with the secretary upon forms
furnished by the secretary , and the . The secretary shall set
the registration fee annually at three hundred dollars for
each and every brand and grade to be offered for sale in this
state. The secretary shall adopt by rule exemptions to the
fee. Fifty dollars of each fee collected shall be deposited
in the general fund of the state, shall be subject to the
requirements of section 8.60 , and shall be used only for the
purpose of enforcing the provisions of this chapter and the .
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The remainder of each fee collected shall be placed deposited
in the agriculture management account of the groundwater
protection fund created in section 455E.11 .
Sec. 31. Section 210.23, Code 2023, is amended to read as
follows:
210.23 Exception.
Any person engaged in operating a home food processing
establishment as defined in section 137D.1 is exempt from the
provisions of sections 210.19 through 210.22 .
Sec. 32. Section 225.26, Code 2023, is amended to read as
follows:
225.26 Private patients —— disposition of funds.
All moneys collected from private patients shall be used for
the support of the said state psychiatric hospital.
Sec. 33. Section 226.42, subsection 1, Code 2023, is amended
to read as follows:
1. May The superintendent may collect moneys due the state
treasury from the counties and from responsible persons or
other relatives, these funds to be collected monthly, instead
of quarterly, and to be deposited for use in operating the
institutes.
Sec. 34. Section 232.46, subsection 3, Code 2023, is amended
to read as follows:
3. A consent decree shall not be entered unless the child
and the child’s parent, guardian , or custodian is are informed
of the consequences of the decree by the court and the court
determines that the child has voluntarily and intelligently
agreed to the terms and conditions of the decree. If the
county attorney objects to the entry of a consent decree,
the court shall proceed to determine the appropriateness of
entering a consent decree after consideration of any objections
or reasons for entering such a decree.
Sec. 35. Section 237.18, subsection 2, paragraph d,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
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Establish mandatory training programs for members of the
state board. Training shall focus on , but not be limited to ,
the following:
Sec. 36. Section 252B.6A, subsection 2, paragraph b,
subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The department shall adopt rules which include , but are
not limited to , exemption from application of this section
to proceedings based upon , but not limited to , any of the
following:
Sec. 37. Section 252B.6A, subsection 4, Code 2023, is
amended to read as follows:
4. For the purposes of this section , a “judicial proceeding”
means an action to enforce support filed with a court of
competent jurisdiction in which the court issues an order which
identifies the amount of the support collection which is a
direct result of the court proceeding. “Judicial proceedings”
include but are not limited to those pursuant to chapters
chapter 598 , 626 , 633 , 642 , 654 , or 684 and also include
contempt proceedings if the collection payment is identified in
the court order as the result of such a proceeding. “Judicial
proceedings” do not include enforcement actions which the unit
is required to implement under federal law including , but not
limited to , income withholding.
Sec. 38. Section 252D.16, subsection 2, Code 2023, is
amended to read as follows:
2. “Payor of income” or “payor” means and includes , but is
not limited to , an obligor’s employer, trustee, the state of
Iowa and all governmental subdivisions and agencies and any
other person from whom an obligor receives income.
Sec. 39. Section 256.82, subsection 1, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) One member shall be appointed from the membership of
a fund-raising fundraising nonprofit organization financially
assisting the Iowa public broadcasting division.
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Sec. 40. Section 256B.2, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. For those children who cannot adapt to the regular
educational or home living conditions, and who are attending
facilities under chapters chapter 263 , 269 , and or 270 , upon
the request of the board of directors of an area education
agency, the department of human services shall provide
residential or detention facilities and the area education
agency shall provide special education programs and services.
The area education agencies shall cooperate with the state
board of regents to provide the services required by this
chapter .
Sec. 41. Section 260C.44, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Apprenticeship program” means a plan, registered
with the United States department of labor, office of
apprenticeship which contains the terms and conditions for the
qualification, recruitment, selection, employment, and training
of apprentices, including the requirement for a written
apprenticeship agreement.
Sec. 42. Section 261.85, subsection 2, Code 2023, is amended
to read as follows:
2. From moneys appropriated in this section , one
million five hundred thousand dollars shall be allocated to
institutions of higher education under the state board of
regents and community colleges and the remaining dollars
moneys appropriated in this section shall be allocated by the
commission on the basis of need as determined by the portion of
the federal formula for distribution of work-study funds that
relates to the current need of institutions.
Sec. 43. Section 261.114, subsection 9, Code 2023, is
amended to read as follows:
9. Trust fund established. A rural Iowa advanced registered
nurse practitioner and physician assistant trust fund is
created in the state treasury as a separate fund under the
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control of the commission. The commission shall remit all
repayments made pursuant to this section to the rural Iowa
advanced registered nurse practitioner and physician assistant
trust fund. All moneys deposited or paid into the trust fund
are appropriated and made available to the commission to be
used for meeting the requirements of this section . Moneys in
the fund up to the total amount that an eligible student may
receive for an eligible loan in accordance with this section
and upon fulfilling the requirements of subsection 3 shall be
considered encumbered for the duration of the agreement entered
into pursuant to subsection 3 . Notwithstanding section 8.33 ,
any balance in the fund on June 30 of each fiscal year shall not
revert to the general fund of the state, but shall be available
for purposes of this section in subsequent fiscal years.
Notwithstanding section 8.33 , any balance in the fund on June
30, 2023, shall not revert to the general fund of the state but
shall be transferred to the health care loan repayment award
fund established pursuant to section 261.116 to be used for
purposes of the health care loan repayment award program.
Sec. 44. Section 261.117, subsection 1, paragraph e,
subparagraph (4), Code 2023, is amended to read as follows:
(4) The individual is not eligible for the rural Iowa
advanced registered nurse practitioner and physician assistant
loan repayment program established pursuant to section 261.114 .
Sec. 45. Section 262.71, subsections 2 and 3, Code 2023, are
amended to read as follows:
2. The Iowa state university of science and technology .
3. The state university of Iowa.
Sec. 46. Section 262.78, subsections 1 and 3, Code 2023, are
amended to read as follows:
1. The board of regents shall establish a center for
agricultural safety and health at the state university of Iowa.
The center shall be a joint venture by the state university of
Iowa and Iowa state university of science and technology. The
center shall establish farm health and safety programs designed
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to reduce the incidence of disabilities suffered by persons
engaged in agriculture which results from disease or injury.
The state university of Iowa is primarily responsible for the
management of agricultural health and injury programs at the
center. Iowa state university of science and technology is
primarily responsible for the management of the agricultural
safety programs of the center.
3. The president of the state university of Iowa, in
consultation with the president of Iowa state university of
science and technology, shall employ a full-time director
of the center. The center may employ staff to carry out
the center’s purpose. The director shall coordinate the
agricultural health and safety programs of the center. The
director shall regularly meet and consult with the center for
rural health and primary care. The director shall provide
the board of regents with relevant information regarding the
center.
Sec. 47. Section 279.41, subsection 1, Code 2023, is amended
to read as follows:
1. Moneys received from the condemnation, sale, or other
disposition for public purposes of schoolhouses, school sites,
or both schoolhouses and school sites, shall be deposited in
the physical plant and equipment levy fund and may , without a
vote of the electorate , be used for purposes authorized under
section 298.3 , as ordered by the board of directors of the
school corporation.
Sec. 48. Section 298A.8, subsections 1 and 3, Code 2023, are
amended to read as follows:
1. The student activity fund is a special revenue fund.
A student activity fund must be established in any school
corporation receiving money from student-related activities
such as admissions, activity fees, student dues, student
fund-raising fundraising events, or other student-related
cocurricular or extracurricular activities. Moneys in
this fund shall be used to support only the cocurricular or
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extracurricular program defined in department of education
administrative rules.
3. For the school budget year beginning July 1, 2020, the
school budget year beginning July 1, 2021, and the school
budget year beginning July 1, 2022, the board of directors
may, by board resolution and notwithstanding any provision of
law to the contrary, transfer from the school corporation’s
general fund to the student activity fund an amount necessary,
as recommended by the superintendent, to fund cocurricular
or extracurricular activities for which moneys from
student-related activities such as admissions, activity fees,
student dues, student fund-raising fundraising events, or other
student-related cocurricular or extracurricular activities fail
to meet the financial needs of the activity as the result of
restrictions placed on the activity related to the COVID-19
pandemic. This subsection is repealed July 1, 2023.
Sec. 49. Section 314.11, Code 2023, is amended to read as
follows:
314.11 Use of bridges by utility companies.
Telephone, telegraph, electric transmission , and pipe lines
pipelines may be permitted to use any highway bridge on or
across a state line on such terms and conditions as the agency
or officials jointly constructing, maintaining , or operating
such bridge may jointly determine. No discrimination shall
be made in the use of such bridge as between such utilities.
Joint use of telephone, telegraph, electric transmission , or
pipe lines pipelines may not be required. No grant to any
public utility to use such bridge shall in any way interfere
with the use of such bridge by the public for highway purposes.
Sec. 50. Section 314.22, subsection 3, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The director of the department shall appoint members to an
integrated roadside vegetation management technical advisory
committee which is created to provide advice on the development
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and implementation of a statewide integrated roadside
vegetation management plan and program and related projects.
The department shall report annually in January to the general
assembly regarding its activities and those of the committee.
Activities of the committee may include , but are not limited
to , providing advice and assistance in the following areas:
Sec. 51. Section 314.22, subsection 4, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The integrated roadside vegetation management coordinator
shall administer the department’s integrated roadside
vegetation management plan and program. The department
may create the position of integrated roadside vegetation
management coordinator within the department or may contract
for the services of the coordinator. The duties of the
coordinator include , but are not limited to , the following:
Sec. 52. Section 314.22, subsection 8, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The department shall coordinate and compile integrated
roadside vegetation inventories, classification systems,
plans, and implementation strategies for roadsides. Areas of
increased program and project emphasis may include , but are not
limited to , all of the following:
Sec. 53. Section 320.7, Code 2023, is amended to read as
follows:
320.7 Failure to maintain.
Failure of the grantee to comply with the terms of the grant
shall be ground grounds for forfeiture of the grant.
Sec. 54. Section 327D.5, Code 2023, is amended to read as
follows:
327D.5 Burden of proof.
In any action in court, or before the department, brought
against a railroad corporation for the purpose of enforcing
rights arising under the provisions of this section and
sections 327D.3 and 327D.4 the burden of proving that the
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provisions thereof have been complied with by such railroad
corporation, shall be upon such railroad corporation.
Sec. 55. Section 328.26, subsection 2, Code 2023, is amended
to read as follows:
2. When an aircraft is registered to a person for the first
time, the fee submitted to the department shall include the tax
imposed by section 423.2 or section 423.5 or evidence of the
exemption of the aircraft from the tax imposed under section
423.2 or 423.5 .
Sec. 56. Section 331.653, subsection 12, Code 2023, is
amended to read as follows:
12. Observe and inspect any licensed premise premises for
gambling devices and report findings to the license-issuing
authority as provided in section 99A.4 .
Sec. 57. Section 346.27, subsections 2 and 4, Code 2023, are
amended to read as follows:
2. Any county may join with its county seat to incorporate
an “Authority” “authority” for the purpose of acquiring,
constructing, demolishing, improving, enlarging, equipping,
furnishing, repairing, maintaining, and operating a public
building, and to acquire and prepare the necessary site,
including demolition of any structures, for the joint use of
the county and city or any school district which is within or
is a part of the county or city.
4. The articles of incorporation shall set forth the name
of the authority, the name of the incorporating units, the
purpose for which the authority is created, the number, terms,
and manner of selection of its officers including its governing
body which shall be known as the “commission” “commission” , the
powers and duties of the authority and of its officers, the
date upon which the authority becomes effective, the name of
the newspaper in which the articles of incorporation shall be
published, and any other matters.
Sec. 58. Section 350.1, Code 2023, is amended to read as
follows:
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350.1 Purposes.
The purposes of this chapter are to create a county
conservation board ; and to authorize counties to acquire,
develop, maintain, and make available to the inhabitants
of the county, public museums, parks, preserves, parkways,
playgrounds, recreational centers, county forests, and wildlife
and other conservation areas ; , and to promote and preserve the
health and general welfare of the people , ; to encourage the
orderly development and conservation of natural resources , ; and
to cultivate good citizenship by providing adequate programs of
public recreation.
Sec. 59. Section 350.4, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The county conservation board shall have the custody,
control , and management of all real and personal property
heretofore or hereafter acquired by the county for public
museums, parks, preserves, parkways, playgrounds, recreation
centers, county forests, county wildlife areas, and other
county conservation and recreation purposes and is authorized
and empowered:
Sec. 60. Section 350.4, subsections 4, 5, and 7, Code 2023,
are amended to read as follows:
4. To plan, develop, preserve, administer and maintain all
such areas, places , and facilities, and construct, reconstruct,
alter , and renew buildings and other structures, and equip and
maintain the same.
5. To accept in the name of the county gifts, bequests,
contributions , and appropriations of money and other personal
property for conservation purposes.
7. To charge and collect reasonable fees for the use of
the parks, facilities, privileges , and conveniences as may
be provided and for admission to amateur athletic contests,
demonstrations and exhibits, and other noncommercial events.
The board shall not allow the exclusive use of a park by one or
more organizations.
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Sec. 61. Section 350.5, subsection 1, Code 2023, is amended
to read as follows:
1. The county conservation board may make, alter, amend , or
repeal regulations for the protection, regulation, and control
of all museums, parks, preserves, parkways, playgrounds,
recreation centers, and other property under its control. The
regulations shall not be contrary to, or inconsistent with, the
laws of this state.
Sec. 62. Section 357.18, Code 2023, is amended to read as
follows:
357.18 Acceptance of work.
When in the opinion of the engineer in charge , the
construction in any benefited water district has been completed
in accordance with the plans, specifications, and contract, the
engineer shall certify this fact to the board of supervisors ,
and recommend the acceptance of the work by the said board.
The board of supervisors shall proceed in accordance with
sections 468.101 and 468.102 .
Sec. 63. Section 376.3, Code 2023, is amended to read as
follows:
376.3 Nominations.
Candidates for elective city offices must be nominated as
provided in sections 376.4 through 376.9 , unless by ordinance
a city chooses the provisions of chapter 44 or 45 . However,
a city acting under a special charter in 1973 and having a
population of over fifty thousand shall continue to hold
partisan elections as provided in sections 43.112 through
43.118 and sections 420.126 through 420.137 , unless the city by
election as provided in section 43.112 chooses to conduct city
elections under this chapter or chapter 44 or 45 . The choice
of one of these options by such a special charter city does not
otherwise affect the validity of the city’s charter. However,
special charter cities which choose to exercise the option to
conduct nonpartisan city elections may choose , in the same
manner the original decision was made, to resume holding city
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elections on a partisan basis.
Sec. 64. Section 384.84A, subsection 5, Code 2023, is
amended to read as follows:
5. If a city is required by the federal environmental
protection agency to file application for storm water sewer
discharge or storm water drainage system under the federal
Clean Water Act of 1987, this section does not apply to that
city with respect to improvements and facilities required
for compliance with EPA federal environmental protection
agency regulations, or any city that enters into a chapter
28E agreement to implement a joint storm water discharge or
drainage system with a city that is required by the federal
environmental protection agency to file application for storm
water discharge or storm water drainage system.
Sec. 65. Section 411.21, subsections 5 and 6, Code 2023, are
amended to read as follows:
5. A member of the retirement system prior to July 1,
1979 , with fifteen or more years of service whose employment
was terminated prior to retirement, other than by death or
disability, is entitled to receipt of the member’s accumulated
contributions upon retirement together with other retirement
benefits provided in the law on the date of the member’s
retirement.
6. Any member in service prior to July 1, 1979 , may at
the time of the member’s retirement withdraw the member’s
accumulated contributions made before July 1, 1979 , or receive
an annuity which shall be the actuarial equivalent of the
member’s accumulated contributions at the time of the member’s
retirement.
Sec. 66. Section 411.21, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. Notwithstanding subsections 1, 3, 4, 5 , and 6 of this
section , beginning January 1, 1981, an active or vested member
may request in writing and receive from the board of trustees,
the member’s accumulated contributions from the annuity savings
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fund and remain eligible to receive benefits under section
411.6 . However, a member with fifteen or more years of service
prior to July 1, 1979, is not eligible for a service retirement
allowance under section 411.6 if the member withdrew the
member’s accumulated contributions from the annuity savings
fund after July 1, 1972 , but prior to July 1, 1979, except as
provided in section 411.4 . Accumulated contributions shall be
paid according to the following schedule:
(1) During the period beginning January 1, 1981 , and ending
December 31, 1982, any member who has completed twenty or more
years of service.
(2) During the period beginning January 1, 1983 , and ending
December 31, 1984, any member who has completed fifteen or more
years of service.
(3) During the period beginning January 1, 1985 , and ending
December 31, 1986, any member who has completed ten or more
years of service.
(4) During the period beginning January 1, 1987 , and ending
December 31, 1988, any member who has completed five or more
years of service.
Sec. 67. Section 419.2, subsections 6 and 8, Code 2023, are
amended to read as follows:
6. To grant easements for roads, streets, water mains and
pipes, sewers, power lines, telephone lines, all pipe lines
pipelines , and to all utilities.
8. To issue revenue bonds for the purpose of retiring any
existing indebtedness of a health care facility, clinic , or
voluntary nonprofit hospital, to secure payment of the bonds
as provided in this chapter , and to enter into agreements
with others with respect to these bonds for such payments and
upon such terms and conditions as the governing body may deem
advisable in accordance with the provisions of this chapter .
The retiring of any existing indebtedness of a health care
facility, clinic , or voluntary nonprofit hospital shall be
deemed a “project” for the purposes of this chapter .
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Sec. 68. Section 421.24, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. At the request of the director , the attorney general
may bring suit in the name of this state , in the appropriate
court of any other state to collect any tax legally due in
this state, and any political subdivision of this state or the
appropriate officer, acting in its behalf, may bring suit in
the appropriate court of any other state to collect any tax
legally due to such political subdivision.
Sec. 69. Section 422.11L, subsection 6, Code 2023, is
amended to read as follows:
6. For purposes of this section , “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 and in effect on January 1, 2016. This
definition shall not be construed to include any amendment to
the Internal Revenue Code enacted after the date specified in
the preceding sentence January 1, 2016 , including any amendment
with retroactive applicability or effectiveness.
Sec. 70. Section 428A.9, Code 2023, is amended to read as
follows:
428A.9 Refund of tax.
To receive a refund from the state , the taxpayer shall
petition the state appeal board for a refund of the amount of
overpayment of the tax remitted to the department of revenue.
To receive a refund from the county , the taxpayer shall
petition the board of supervisors for a refund of the remaining
portion of the overpayment paid to that county.
Sec. 71. Section 455B.224, Code 2023, is amended to read as
follows:
455B.224 Simple misdemeanor.
Any person, including any firm, corporation, municipal
corporation, or other governmental subdivision or agency,
violating any provisions of this part 2 of subchapter III or
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the rules adopted under this part after written notice of the
violation by the executive director is guilty of a simple
misdemeanor. Each day of operation in such violation of this
part or any rules adopted under this part shall constitute a
separate offense. It shall be the duty of the appropriate
county attorney to secure injunctions of continuing violations
of any provisions of this part or the rules adopted under this
part .
Sec. 72. Section 455B.301, subsection 27, Code 2023, is
amended to read as follows:
27. “Sanitary disposal project” means all facilities
and appurtenances including all real and personal property
connected with such facilities, which are acquired, purchased,
constructed, reconstructed, equipped, improved, extended,
maintained, or operated to facilitate the final disposition of
solid waste without creating a significant hazard to the public
health or safety, and which are approved by the executive
director. “Sanitary disposal project” does not include a
pyrolysis or gasification facility.
Sec. 73. Section 455B.395, Code 2023, is amended to read as
follows:
455B.395 Public information.
Information obtained under this part 4, or a rule, order ,
or condition adopted or issued under this part 4 , or an
investigation authorized thereby, shall be available to the
public unless the information constitutes trade secrets or
information which is entitled to confidential treatment in
order to protect a plan, process, tool, mechanism, or compound
which is known only to the person claiming confidential
treatment and confidential treatment is necessary to protect
the person’s trade, business or manufacturing process.
Sec. 74. Section 455B.473, subsection 6, Code 2023, is
amended to read as follows:
6. Subsections 1 through 3 do not apply to an underground
storage tank for which notice was given pursuant to section
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103, subsection c, of the Comprehensive Environmental Response,
Compensation, and Liabilities Liability Act of 1980.
Sec. 75. Section 455B.479, Code 2023, is amended to read as
follows:
455B.479 Storage tank management fee.
An owner or operator of an underground storage tank shall
pay an annual storage tank management fee of sixty-five dollars
per tank of over one thousand one hundred gallons capacity.
The fees collected shall be deposited in the storage tank
management account of the groundwater protection fund created
in section 455E.11 .
Sec. 76. Section 455F.7, subsection 1, Code 2023, is amended
to read as follows:
1. A retailer offering for sale or selling a household
hazardous material shall have a valid permit for each place of
business owned or operated by the retailer for this activity.
All permits provided for in this section shall expire on
June 30 of each year. Every retailer shall submit an annual
application by July 1 of each year and a fee of twenty-five
dollars to the department of revenue for a permit upon a
form prescribed by the director of revenue. Permits are
nonrefundable, are based upon an annual operating period, and
are not prorated. A person in violation of this section shall
be subject to permit revocation upon notice and hearing. The
department shall remit the fees collected to the household
hazardous waste account of the groundwater protection fund
created in section 455E.11 . A person distributing general use
pesticides labeled for agricultural or lawn and garden use with
gross annual pesticide sales of less than ten thousand dollars
is subject to the requirements and fee payment prescribed by
this section .
Sec. 77. Section 455G.4, subsection 6, Code 2023, is amended
to read as follows:
6. Reporting. Beginning July 2003, the board shall submit
a written report quarterly to the legislative council, the
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chairperson and ranking member of the committee on natural
resources and environment and energy independence in the
senate, and the chairperson and ranking member of the committee
on environmental protection in the house of representatives
regarding changes in the status of the program including but
not limited to the number of open claims by claim type; the
number of new claims submitted and the eligibility status
of each claim; a summary of the risk classification of open
claims; the status of all claims at high-risk sites including
the number of corrective action design reports submitted,
approved, and implemented during the reporting period; total
moneys reserved on open claims and total moneys paid on
open claims; and a summary of budgets approved and invoices
paid for high-risk site activities including a breakdown by
corrective action design report, construction and equipment,
implementation, operation and maintenance, monitoring, over
excavation, free product recovery, site reclassification,
reporting and other expenses, or a similar breakdown. In
each report submitted by the board, the board shall include
an estimated timeline to complete corrective action at all
currently eligible high-risk sites where a corrective action
design report has been submitted by a claimant and approved
during the reporting period. The timeline shall include the
projected year when a no further action designation will be
obtained based upon the corrective action activities approved
or anticipated at each claimant site. The timeline shall be
broken down in annual increments with the number or percentage
of sites projected to be completed for each time period. The
report shall identify and report steps taken to expedite
corrective action and eliminate the state’s liability for open
claims.
Sec. 78. Section 456B.11, Code 2023, is amended to read as
follows:
456B.11 Agricultural drainage wells —— wetlands ——
conservation easements.
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The department shall develop and implement a program for
the acquisition of wetlands and conservation easements on and
around wetlands that result from the closure or change in use
of agricultural drainage wells upon implementation of the
programs specified in section 460.302 to eliminate groundwater
contamination caused by the use of agricultural drainage
wells. The program shall be coordinated with the department
of agriculture and land stewardship. The department may use
moneys appropriated for this purpose from the agriculture
management account of the groundwater protection fund created
in section 455E.11 in addition to other moneys available for
wetland acquisition, protection, development, and management.
Sec. 79. Section 458A.25, Code 2023, is amended to read as
follows:
458A.25 Liens for labor or materials and of contractor and
subcontractor —— manner of perfecting liens —— enforcement of
liens.
Provisions of chapter 572 as to mechanic’s liens or labor
and materials furnished for improvements on real estate
and of contractors and subcontractors shall apply to labor
and materials furnished for gas or oil wells, or pipe lines
pipelines . The liens shall not attach on the real estate,
but shall attach to the whole of the lease held, and upon the
gas or oil wells, buildings and appurtenances, and pipe lines
pipelines for which said the labor or materials were furnished,
and shall be perfected and enforced as provided by chapter 572 .
Sec. 80. Section 460.302, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Financial incentive moneys may be allocated from the
financial incentive portion of the agriculture management
account of the groundwater protection fund created in section
455E.11 to implement alternatives to agricultural drainage
wells.
Sec. 81. Section 490.143, subsection 1, paragraph e,
subparagraphs (1) and (2), Code 2023, are amended to read as
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follows:
(1) Pursues or takes advantage of the business opportunity,
directly , or indirectly through or on behalf of another person.
(2) Has a material relationship with a director or officer
who pursues or takes advantage of the business opportunity,
directly , or indirectly through or on behalf of another person.
Sec. 82. Section 514A.3, subsection 1, paragraph m, Code
2023, is amended to read as follows:
m. (1) A provision as follows:
Right to return policy: The insured has the right, within
ten days after receipt of this policy, to return it to the
company at its home office or branch office or to the agent
through whom it was purchased, and if so returned the premium
paid will be refunded and the policy will be void from the
beginning and the parties shall be in the same position as if
a policy had not been issued.
(2) The foregoing provision shall be prominently printed on
the first page of the policy or attached to the policy.
(3) The provisions of this paragraph “m” shall apply to any
insurance policy which is delivered or issued for delivery or
renewed in this state on or after July 1, 1978.
Sec. 83. Section 514A.3, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. (1) A provision as follows:
Other insurance in this insurer: If an accident or sickness
or accident and sickness policy or policies previously
issued by the insurer to the insured be in force concurrently
herewith, making the aggregate indemnity for ... (insert type
of coverage or coverages) in excess of $ ... (insert maximum
limit of indemnity or indemnities) the excess insurance shall
be void and all premiums paid for such excess shall be returned
to the insured or to the insured’s estate.
(2) Or, in lieu thereof:
Insurance effective at any one time on the insured under
a like policy or policies in this insurer is limited to the
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one such policy elected by the insured, or the insured’s
beneficiary or estate, as the case may be, and the insurer will
return all premiums paid for all other such policies.
Sec. 84. Section 514E.2, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The composition of the board of directors shall be in
compliance with sections 69.16 and 69.16A . The governor’s
appointees shall be chosen from a broad cross-section cross
section of the residents of this state.
Sec. 85. Section 518B.1, subsection 3, Code 2023, is amended
to read as follows:
3. “The Act” means Section section 1223 of the federal
Housing and Urban Development Act of 1968, Pub. L. No. 90-448,
90th Congress approved August 1, 1968.
Sec. 86. Section 521A.1, subsection 3, Code 2023, is amended
to read as follows:
3. “Control” , including “controlling” , “controlled by” , and
“under common control with” , shall mean the possession, direct
or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through
the ownership of voting securities, by contract other than
a commercial contract for goods or nonmanagement services,
or otherwise, unless the power is solely the result of an
official position with or a corporate office held by the
person. Control shall be presumed to exist if any person,
directly or indirectly, owns, controls, holds with the power
to vote, or holds proxies representing, ten percent or more of
the voting securities of any other person. This presumption
may be rebutted by a showing made in the manner provided in
section 521A.3, subsections 1 through 5 , inclusive, or section
521A.4, subsection 11 , whichever is applicable, that control
does not exist in fact. The commissioner may determine, after
furnishing all persons in interest notice and opportunity to
be heard and making specific findings of fact to support the
determination, that control exists in fact, notwithstanding the
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absence of a presumption to that effect.
Sec. 87. Section 524.103, subsection 22, Code 2023, is
amended to read as follows:
22. “Evidence of indebtedness” means a note, draft , or
similar negotiable or nonnegotiable instrument.
Sec. 88. Section 524.207, subsection 2, Code 2023, is
amended to read as follows:
2. All fees and assessments generated as the result of a
national bank or federal savings association converting to a
state bank on or after December 31, 2015, and thereafter, are
payable to the superintendent. The superintendent shall pay
all the fees and assessments received by the superintendent
pursuant to this subsection to the treasurer of state within
the time required by section 12.10 and the fees and assessments
shall be deposited into the department of commerce revolving
fund created in section 546.12 . An amount equal to such fees
and assessments deposited into the department of commerce
revolving fund is appropriated from the department of commerce
revolving fund to the banking division of the department of
commerce for the fiscal year in which a national bank or
federal savings association converted to a state bank and an
amount equal to such annualized fees and assessments deposited
into the department of commerce revolving fund in succeeding
years is appropriated from the department of commerce revolving
fund to the banking division of the department of commerce for
succeeding fiscal years for purposes related to the discharge
of the duties and responsibilities imposed upon the banking
division of the department of commerce, the superintendent,
and the state banking council by the laws of this state. This
appropriation shall be in addition to the appropriation of
moneys otherwise described in this section . If a state bank
converts to a national bank or federal savings association,
any appropriation made pursuant to this subsection for the
following fiscal year shall be reduced by the amount of the
assessment paid by the state bank during the fiscal year in
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which the state bank converted to a national bank or federal
savings association.
Sec. 89. Section 524.302, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. The number of directors constituting the initial board
of directors and the names and addresses of the individuals
who are to serve as directors until the first annual meeting
of shareholders or until their successors be are elected and
qualify.
Sec. 90. Section 524.544, subsection 3, Code 2023, is
amended to read as follows:
3. The reports required by subsections subsection 1 and 2
of this section shall contain information, to the extent known
by the person making the report, relative to the number of
shares involved, the names of the sellers and purchasers or
transferors and transferees, the purchase price, the name of
the borrower, the amount, source, and terms of the loan, or
other transaction, the name of the bank issuing the shares used
as security, and the number of shares used as security.
Sec. 91. Section 524.1405, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. The name of the survivor may be , but need not be,
substituted in any pending proceeding for the name of any party
to the merger whose separate existence ceased in the merger.
Sec. 92. Section 524.1508, subsection 1, paragraphs b and c,
Code 2023, are amended to read as follows:
b. Written or printed notice setting forth the proposed
restated articles or a summary of the provisions of the
proposed restated articles shall be given to each shareholder
of record entitled to vote on the proposed restated articles
within the time and in the manner provided in section 524.533 .
If the meeting be is an annual meeting, the proposed restated
articles may be included in the notice of such annual meeting.
If the restated articles include an amendment or amendments to
the articles of incorporation, the notice shall separately set
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forth such amendment or amendments or a summary of the changes
to be effected by the amendment or amendments.
c. At the meeting , a vote of the shareholders entitled to
vote on the proposed restated articles shall be taken on the
proposed restated articles. The proposed restated articles
shall be adopted upon receiving the affirmative vote of the
holders of a majority of the shares entitled to vote, unless
such restated articles include an amendment to the articles of
incorporation which, if contained in a proposed amendment to
articles of incorporation to be made without restatement of
the articles of incorporation, would entitle a class of shares
to vote as a class on the proposed restated articles, in which
event the proposed restated articles shall be adopted upon
receiving the affirmative vote of the holders of a majority
of the shares of each class of shares entitled to vote on the
proposed restated articles as a class, and of the total shares
entitled to vote on the proposed restated articles.
Sec. 93. Section 554.2403, subsection 3, Code 2023, is
amended to read as follows:
3. “Entrusting” “Entrusting” includes any delivery and
any acquiescence in retention of possession regardless of any
condition expressed between the parties to the delivery or
acquiescence and regardless of whether the procurement of the
entrusting or the possessor’s disposition of the goods have
been such as to be larcenous under the criminal law.
Sec. 94. Section 554.2707, subsection 1, Code 2023, is
amended to read as follows:
1. A “person in the position of a seller” “person in the
position of a seller” includes as against a principal an agent
who has paid or become responsible for the price of goods on
behalf of the agent’s principal or anyone who otherwise holds a
security interest or other right in goods similar to that of a
seller.
Sec. 95. Section 554.9208, subsection 2, paragraph f,
subparagraph (3), Code 2023, is amended to read as follows:
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(3) take appropriate action to enable the debtor or its
designated custodian to make copies of or revisions to the
authoritative copy which add or change an identified assignee
of the authoritative copy without the consent of the secured
party; and
Sec. 96. Section 556E.2, Code 2023, is amended to read as
follows:
556E.2 Tests.
In any test for the ascertainment of the fineness of the
gold or alloy in any such article, according to the foregoing
standards, the part of the gold or alloy taken for the test
shall be such portion as does not contain or have attached
thereto any solder or alloy of inferior fineness used for
brazing or uniting the parts of said article; and in addition
to the foregoing tests and standards, the actual fineness of
the entire quantity of gold and its alloys contained in any
article mentioned in this section and section 556E.1 , except
watchcases and flatware, including all solder or alloy of
inferior metal used for brazing or uniting the parts of the
article, all such gold, alloys, and solder being assayed as
one piece, shall not be less than the fineness indicated by
the mark stamped, branded, engraved, or imprinted upon such
article, or upon any tag, card, or label attached thereto, or
upon any container in which said article is enclosed.
Sec. 97. Section 562B.10, subsection 1, Code 2023, is
amended to read as follows:
1. The landlord and tenant may include in a rental agreement
terms and conditions not prohibited by this chapter or other
rule of law , including rent, term of the agreement , and other
provisions governing the rights and obligations of the parties.
Sec. 98. Section 592.1, Code 2023, is amended to read as
follows:
592.1 Bonds for garbage disposal plants.
All proceedings of such cities and towns as herein included,
heretofore had, subsequent to the adoption of section 696-b [SS
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15] by the thirty-sixth general assembly Thirty-sixth General
Assembly , and prior to the passage of this Act, providing for
the issuance of bonds within the limitations of this Act, for
the purchase or erection of garbage disposal plants, the vote
of the people authorizing such issue and the bonds issued under
such proceedings and vote, are hereby legalized and declared
legal and valid, the same as though all of the provisions
of this Act had been included in said section 696-b of the
supplemental supplement Supplemental Supplement to the Code,
1915, and such cities may issue and sell such bonds without
again submitting such question to vote.
Sec. 99. Section 628.28, Code 2023, is amended to read as
follows:
628.28 Redemption of property not used for agricultural or
certain residential purposes.
1. If real property is not used for agricultural purposes,
as defined in section 535.13 , and is not the residence of
the debtor, or if it is the residence of the debtor but not
a single-family or two-family dwelling, then the period of
redemption after foreclosure is one hundred eighty days. For
the first ninety days after the sale the right of redemption
is exclusive to the debtor and the time periods provided in
sections 628.5 , 628.15 , and 628.16 are reduced to one hundred
thirty-five days. If a deficiency judgment has been waived the
period of redemption is reduced to ninety days. For the first
thirty days after the sale the redemption is exclusively the
right of the debtor and the time periods provided in sections
628.5 , 628.15 , and 628.16 are reduced to sixty days.
2. If real property is not used for agricultural purposes,
as defined in section 535.13 , and is a single-family or
two-family dwelling which is the residence of the debtor at the
time of foreclosure but the court finds that after foreclosure
the dwelling has ceased to be the residence of the debtor and
if there are no junior creditors, the court shall order the
period of redemption reduced to thirty days from the date of
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the court order. If there is a junior creditor, the court
shall order the redemption period reduced to sixty days. For
the first thirty days redemption is the exclusive right of the
debtor and the time periods provided in sections 628.5 , 628.15 ,
and 628.16 are reduced to forty-five days.
Sec. 100. Section 636.25, Code 2023, is amended to read as
follows:
636.25 Existing investments.
Any fiduciary not governed by the probate code may by and
with the consent of the court having jurisdiction over such
fiduciary or under permission of the instrument creating the
trust, continue to hold any investment originally received by
the fiduciary under the trust or any increase thereof. Such
fiduciary may also make investments which the fiduciary may
deem necessary to protect and safeguard investments already
made according to the provisions of this section and sections
636.23 and 636.24 .
Sec. 101. Section 692A.128, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The date of the commencement of the requirement to
register occurred at least two years prior to the filing of the
application for a tier I offender and five years prior to the
filing of the application for a tier II or tier III offender.
Sec. 102. Section 804.31, subsection 1, Code 2023, is
amended to read as follows:
1. When a person is detained for questioning or arrested for
an alleged violation of a law or ordinance and there is reason
to believe that the person is deaf or hard-of-hearing hard of
hearing , the peace officer making the arrest or taking the
person into custody or any other officer detaining the person
shall determine if the person is a deaf or hard-of-hearing
person as defined in section 622B.1 . If the officer so
determines, the officer, at the earliest possible time and
prior to commencing any custodial interrogation of the person,
shall procure a qualified interpreter in accordance with
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section 622B.2 and the rules adopted by the supreme court
under section 622B.1 unless the deaf or hard-of-hearing person
knowingly, voluntarily, and intelligently waives the right to
an interpreter in writing by executing a form prescribed by
the department of human rights and the Iowa county attorneys
association. The interpreter shall interpret the officer’s
warnings of constitutional rights and protections and all other
warnings, statements, and questions spoken or written by any
officer, attorney, or other person present and all statements
and questions communicated in sign language by the deaf or
hard-of-hearing person.
Sec. 103. Section 811.7, subsection 3, Code 2023, is amended
to read as follows:
3. If the order recite recites , as the ground on which it
is made, the failure of the defendant to appear for judgment
upon conviction, the defendant must be committed according to
the requirements of the order; if made for any other cause and
the offense is bailable, the court must cause a direction to be
inserted in the order that the defendant be admitted to bail,
in a sum to be stated in the order.
Sec. 104. Section 904.603, Code 2023, is amended to read as
follows:
904.603 Action for damages.
A person receiving or who has received services, or that
person’s family, victim , or employer may institute a civil
action for damages under chapter 669 or other action to
restrain the release of confidential records set out in section
904.602, subsection 2 , which is in violation of that section ,
and a . A person, agency , or governmental body proven to have
released confidential records in violation of section 904.602,
subsection 2 , is liable for actual damages for each violation
and is liable for court costs and reasonable attorney’s fees
incurred by the party bringing the action.
Sec. 105. Section 422.7, subsection 29, paragraph b,
subparagraph (1), as enacted by 2018 Iowa Acts, chapter 1161,
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section 114, is amended to read as follows:
(1) Add back any amount of pensions or other retirement
income received from any source which is not taxable under
this division subchapter , including but not limited to amounts
deductible under subsections 13, 31, 31A, and 31B .
Sec. 106. 2022 Iowa Acts, chapter 1045, section 7, is
amended by striking the section and inserting in lieu thereof
the following:
SEC. 7. Section 421.65, subsection 1, paragraph b, as
enacted by 2020 Iowa Acts, chapter 1064, section 16, is amended
to read as follows:
b. “Public agency” means a board, commission, department,
including the department of revenue, or other administrative
office or unit of the state of Iowa or any other state entity
reported in the Iowa comprehensive annual comprehensive
financial report, or a political subdivision of the state, or
an office or unit of a political subdivision. “Public agency”
does include the clerk of the district court as it relates to
the collection of a qualifying debt. “Public agency” does not
include the general assembly or office of the governor.
Sec. 107. 2022 Iowa Acts, chapter 1061, sections 53 and 54,
are amended to read as follows:
SEC. 53. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this division of this Act amending section
425.25A 422.25A , subsection 5 , paragraph “c”, subparagraph (6),
subparagraph division (a).
SEC. 54. RETROACTIVE APPLICABILITY. The following applies
retroactively to January 1, 2022, for tax years beginning on
or after that date:
The section of this division of this Act amending section
425.25A 422.25A , subsection 5 , paragraph “c”, subparagraph (6),
subparagraph division (a).
Sec. 108. 2022 Iowa Acts, chapter 1099, section 47, is
amended by striking the section and inserting in lieu thereof
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the following:
SEC. 47. Section 123.49, subsection 2 , paragraph d,
subparagraphs (1) and (3), Code 2022, are amended to read as
follows:
(1) Keep on premises covered by a liquor control retail
alcohol license any alcoholic liquor in any container except
the original package purchased from the division, and except
mixed drinks or cocktails mixed on the premises for immediate
consumption on the licensed premises or as otherwise provided
by this paragraph “d” . This prohibition does not apply to
holders of a class “D” liquor control retail alcohol license
or to alcoholic liquor delivered in accordance with section
123.46A .
(3) Mixed drinks or cocktails mixed on premises covered
by a class “C” liquor control retail alcohol license or a
class “C” native distilled spirits liquor control license for
consumption off the licensed premises may be sold if the mixed
drink or cocktail is immediately filled in a sealed container
and is promptly taken from the licensed premises prior to
consumption of the mixed drink or cocktail. A mixed drink
or cocktail that is sold in a sealed container in compliance
with the requirements of this subparagraph and rules adopted
by the division shall not be deemed an open container subject
to the requirements of sections 321.284 and 321.284A if the
sealed container is unopened and the seal has not been tampered
with, and the contents of the container have not been partially
removed.
Sec. 109. Section 331.389, subsection 4, paragraph a,
subparagraph (3), as amended by 2022 Iowa Acts, chapter 1131,
section 69, is amended to read as follows:
(b) The department shall provide written notice to the
a region’s regional administrator that the region is in
compliance with the requirements in subsection 3 .
Sec. 110. 2022 Iowa Acts, chapter 1148, section 25, is
amended to read as follows:
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SEC. 25. Section 422.60 , Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION . 15. The taxes imposed under this division
subchapter shall be reduced by an employer child care tax
credit allowed pursuant to section 237A.31 .
Sec. 111. 2022 Iowa Acts, chapter 1153, section 38, is
amended by striking the section and inserting in lieu thereof
the following:
SEC. 38. Section 282.18, subsection 11 , paragraph a,
subparagraph (8), Code 2022, is amended to read as follows:
(8) If the pupil participates in open enrollment because
of circumstances that meet the definition of good cause under
subsection 4 , paragraph “b” . For purposes of this subparagraph,
“good cause” means a change in a child’s residence due to a
change in family residence, a change in a child’s residence
from the residence of one parent or guardian to the residence
of a different parent or guardian, a change in the state in
which the family residence is located, a change in a child’s
parents’ marital status, a guardianship or custody proceeding,
placement in foster care, adoption, participation in a foreign
exchange program, initial placement of a prekindergarten
student in a special education program requiring specially
designed instruction, or participation in a substance abuse
or mental health treatment program, a change in the status of
a child’s resident district such as removal of accreditation
by the state board, surrender of accreditation, or permanent
closure of a nonpublic school, revocation of a charter school
contract as provided in section 256E.10 or 256F.8, the failure
of negotiations for a whole grade sharing, reorganization,
dissolution agreement, or the rejection of a current whole
grade sharing agreement, or reorganization plan.
DIVISION II
CODE EDITOR DIRECTIVE
Sec. 112. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
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transfer:
Section 89A.25 to section 89A.1A.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
DIVISION III
EFFECTIVE DATE AND APPLICABILITY PROVISIONS
Sec. 113. CONTINGENT EFFECTIVE DATE. The following takes
effect on the effective date of the rules adopted by the
department of revenue pursuant to chapter 17A implementing 2020
Iowa Acts, chapter 1064, other than transitional rules:
The section of this Act amending 2022 Iowa Acts, chapter
1045, section 7.
Sec. 114. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this Act amending 2022 Iowa Acts, chapter
1061, sections 53 and 54.
Sec. 115. RETROACTIVE APPLICABILITY. The following applies
retroactively to January 1, 2023:
The section of this Act amending 2018 Iowa Acts, chapter
1161, section 114.
Sec. 116. RETROACTIVE APPLICABILITY. The following applies
retroactively to January 1, 2022:
The section of this Act amending 2022 Iowa Acts, chapter
1061, sections 53 and 54.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill makes Code changes and corrections that are
considered to be nonsubstantive and noncontroversial, in
addition to style changes. Changes include updating and
correcting names of public programs and entities, correcting
citations to the United States Code and Iowa Acts, correcting
terminology, spelling, format, capitalization, punctuation, and
grammar, as well as numbering, renumbering, and reorganizing
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various provisions to eliminate unnumbered paragraphs and to
facilitate citation. The Code sections in which the bill
makes technical, grammatical, and other nonsubstantive changes
include the following:
DIVISION I:
Sections 2.47, 2.51, and 8.39: Updates the name, to reflect
the current name, of the legislative committee responsible for
considering legislation on appropriations, the chairpersons
and ranking members of which serve on and perform the duties
described in these two Code sections as members of the
legislative fiscal committee.
Section 8C.7A: Corrects the name of the federal Americans
With Disabilities Act of 1990 that is referenced in this
provision relating to applications for permits for the siting
of small wireless facilities.
Sections 13C.1, 15E.64, 22.7, 99F.6, 256.82, and 298A.8:
Removes a hyphen to correct and conform the spelling of the
term “fundraising” in these provisions to the spellings of the
same term elsewhere in the Code.
Section 23A.2: Moves language describing functions
performed by the department of corrections that are currently
contained in two different subsections to be within another
subsection that also describes a function performed by the
department of corrections, to conform the style of these
subsections to the style used elsewhere in this Code section
to describe functions performed by other state agencies or
political subdivisions of the state that are exempted from
the prohibition in Code chapter 23A against competition with
private enterprise.
Section 29C.9: Adds quotation marks around form language
that specifies how the names of local emergency management
commissions should be written to distinguish the form language
from other language in this Code section relating to the
establishment of these local commissions.
Section 35A.13: Strikes an unneeded comma from language
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describing one of the permissible investment management
expenses for which moneys in the veterans trust fund may be
expended.
Section 53.47: Adds a comma before the last item in
two series to conform this provision relating to materials
furnished by the department of administrative services
to counties at the direction of the state commissioner of
elections for absentee ballots, envelopes, and other printed
matter to current Code style.
Section 68A.304: Removes a hyphen from the term “in kind” in
language describing what constitutes “campaign property” and in
which the term is not used as an adjective.
Section 68A.701: Adds a comma at the beginning of a
prefatory clause to improve the readability of this provision
penalizing violations of the requirements contained in this
Code chapter governing the financing of campaigns for state,
county, city, or school office.
Section 76.10: Adds a comma after the year in a date
reference in this provision relating to the issuance of public
bonds or debt obligations to conform to the style used in other
provisions in the Code when specific dates are referenced.
Section 80D.7: Strikes the words “Iowa law enforcement
academy” that appear before the word “council” in this
provision relating to the carrying of a weapon by a member of a
force of reserve peace officers to reflect the definition of
the term “council” in Code section 80D.1A to mean “Iowa law
enforcement academy council”.
Section 100.14: Removes, to conform to current Code style,
commas that appear after the word “including” and after the
phrase “but not limited to” in language describing the types of
legal proceedings which may be instituted by a county attorney
to enforce the penalty provisions of, or rules or orders
adopted or issued on behalf of the state pursuant to, the Code
chapter governing the duties of the state fire marshal.
Section 103.18: Adds the word “license” after references to
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four different types of licenses in language relating to the
requirements for renewal of those four licenses, to improve
readability and to conform to the definitions of each of those
licenses in the Code chapter regulating the electrician and
electrical contractor professions.
Section 147.77: Rewrites a citation to the federal
Controlled Substances Act to conform this citation to that Act,
in language relating to requirements for medical profession
licensees whose duties require those licensees to be in
restricted areas of racing facilities, to other similar
citations to that federal Act elsewhere in the Code.
Section 147F.1: Corrects the citations to the United States
Code provisions regarding status as active duty military
personnel, changes the word “spouse” to “spouses” to conform to
other usage, and adds a comma before the last item in a series
to improve readability of these provisions within the audiology
and speech language pathology interstate compact.
Section 151.10: Adds a comma after the numeral “3” in
three places to conform the style of an internal reference
to current Code style in this provision relating to the
education requirements for applicants for a license to practice
chiropractic.
Section 162.2: Adds a comma before the last item in a
series to improve the readability of a definition of “animal
warden” in the Code chapter pertaining to the care of animals
in commercial establishments.
Section 165A.1: Capitalizes the first letter in the genus
name of a bacterium to conform the capitalization of the genus
name within this Code chapter governing Johne’s disease control
to the capitalization of binomial names elsewhere in the Code.
Section 189A.5: Replaces the word “thereat” with the
words “at the establishment” to update the style of this
provision regarding inspection of the sanitary condition of
establishments that prepare or handle livestock or poultry
products.
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Section 190.2: Removes, to conform to current Code style,
commas that appear after the word “including” and after
the phrase “but not limited to” in language relating to
the publication of standards for foods by the department of
agriculture and land stewardship.
Section 202A.4: Strikes an unneeded comma and duplicate
language from, and adds the missing word “or” before the
last item in a series in, this provision prohibiting, after
April 29, 1999, the inclusion of confidentiality provisions
in contracts for the purchase of livestock by certain persons
who are engaged in the business of slaughtering livestock and
offering the resulting meat products for sale.
Section 206.8: Adds a citation to improve hypertext linkage
to the Code section in which the groundwater protection fund is
created, in this provision relating to the deposit of pesticide
dealer license fees into that fund.
Section 206.12: Divides long sentences into two in two
places, conforms terminology used to describe the deposit of
moneys to the terminology used elsewhere in the Code, and adds
a citation to improve hypertext linkage to the Code section
in which the groundwater protection fund is created, in this
provision relating to the registration of pesticide brands
and the deposit of part of the registration fees into the
groundwater protection fund.
Section 210.23: Adds a citation to improve hypertext
linkage to the Code section in which the term “home food
processing establishment” is defined, in this provision
exempting those establishments from regulations relating to the
packaging and sale of bread.
Section 225.26: Replaces the word “said” with the words
“state psychiatric” to improve the readability of this
provision relating to the use of moneys collected from private
patients of the state psychiatric hospital.
Section 226.42: Changes the word “May” to “The
superintendent may” to conform the style of this provision
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outlining a permissible power of superintendents of the mental
health institutes to the style used in the other enumerations
of emergency powers and duties of the superintendents in this
Code section.
Section 232.46: Changes the verb “is” to “are” and adds a
comma before the last item in a series to update the style and
improve the readability of this provision relating to entry of
consent decrees in juvenile proceedings.
Section 237.18: Removes, to conform to current Code style,
commas appearing after the word “including” and after the
phrase “but not limited to” in language relating to the content
of mandatory training programs for members of the state child
advocacy board.
Section 252B.6A: Removes, to conform to current Code style,
commas appearing in three places before and after the phrase
“but not limited to” and conforms the citation style used
in a Code chapter string to current Code style in this Code
section relating to judicial proceedings initiated by a private
attorney to collect outstanding child support obligations.
Section 252D.16: Removes, to conform to current Code style,
commas appearing after the word “including” and after the
phrase “but not limited to” in a definition of “payor of
income” or “payor” for purposes of the Code chapter relating
to income withholding for purposes of payment of court-ordered
child support obligations.
Section 256B.2: Changes the word “and” to “or” in a
string citation to Code chapters governing different types
of residential or detention facilities that are attended by
children who cannot adapt to regular educational or home living
conditions to conform to the context of this provision and adds
the word “state” to conform a reference by name to the official
name for the state board of regents.
Section 260C.44: Adds the words “department of labor”
within a reference by name to the United States office of
apprenticeship to conform the reference, in this provision
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defining “apprenticeship program” for purposes of the Code
chapter governing community colleges, to other similar
references to that office elsewhere in the Code.
Section 261.85: Changes the word “dollars” to “moneys”
to conform how terminology is used within this provision
appropriating moneys for the work-study program administered by
the college student aid commission.
Section 261.114: Changes two references by name to the
health care award program established in Code section 261.116,
in this Code section relating to the rural Iowa advanced
registered nurse practitioner and physician assistant loan
repayment program, to reflect the change made to the name of
the health care award program by 2022 Iowa Acts, chapter 1134,
section 16.
Section 261.117: Corrects a reference by name to the rural
Iowa advanced registered nurse practitioner and physician
assistant loan repayment program within this Code section
governing the mental health professional loan repayment
program.
Section 262.71: Corrects references by name to the Iowa
state university of science and technology and the state
university of Iowa that are contained within this Code section
establishing the center for early development education.
Section 262.78: Corrects references by name to the state
university of Iowa in four places within this Code section
establishing the center for agricultural safety and health.
Section 279.41: Adds commas before and after the qualifying
clause “without a vote of the electorate” to improve the
readability of this provision relating to use of moneys
received from the condemnation, sale, or other disposition of
schoolhouses and school sites.
Sections 314.11, 419.2, and 458A.25: Conforms the spelling
of the term “pipelines” in these provisions relating to the use
of bridges by utilities, municipal support of certain projects,
and liens for labor or materials furnished for gas or oil
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wells or pipelines, to the spelling used in other provisions
elsewhere in the Code. In Code section 314.11, a comma is also
added before the last item in a series to conform to current
Code style.
Section 314.22: Removes in three places, to conform to
current Code style, commas appearing after the word “including”
and after the phrase “but not limited to” in this provision
relating to integrated roadside vegetation management.
Section 320.7: Changes the word “ground” to “grounds”, to
conform to other similar uses of the term elsewhere in the
Code, in this provision relating to the basis for forfeiture of
grants of permission by the state department of transportation
or a board of supervisors to lay water and gas mains,
sidewalks, and cattleways.
Section 327D.5: Adds the word “section” to improve the
readability of and hypertext linkage within this Code section
relating to the burden of proof in judicial proceedings
regarding disputes between connecting railroads.
Section 328.26: Strikes the word “section” to conform the
citation style used for two Code sections, in this Code section
relating to registration of aircraft, to the citation style
used elsewhere in the Code.
Section 331.653: Changes the word “premise” to “premises”
in language describing the duty of the sheriff to observe and
inspect licensed establishments for gambling devices and to
report any findings to regulatory authorities.
Section 346.27: Changes the capitalization and use of
italics for two terms, of which only one is a definition, that
are contained within quotation marks in this provision relating
to the creation of an authority for purposes of exercising
control over joint county and city property, to conform to
current Code style.
Section 350.1: Changes the placement and use of the
word “and”, adds semicolons, and replaces commas with
semicolons to improve the punctuation and readability of this
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provision relating to the reasons for establishment of county
conservation boards.
Section 350.4: Adds a comma before the last item in a series
in several places, in this provision describing the powers and
duties of county conservation boards, to conform to current
Code style.
Section 350.5: Adds a comma before the last item in a
series, in this provision regarding regulations that may be
adopted by county conservation boards, to conform to current
Code style.
Section 357.18: Strikes two unneeded commas and strikes
a redundant instance of the word “said” to improve the
readability of this provision relating to the procedure for
acceptance of completed work by a benefited water district.
Section 376.3: Adds commas after string citations in two
places to set off qualifying clauses in this provision relating
to nominations for elective city offices.
Section 384.84A: Replaces an acronym with the full name
of the federal environmental protection agency to improve the
readability of language relating to compliance by a city with
regulations issued by that federal agency pertaining to storm
water sewer discharge or storm water drainage systems.
Section 411.21: Adds commas after year references in
various references to specific dates and adds a comma before
the last item in a series of subsection references to conform
the punctuation of this provision, relating to annuity or
withdrawal of contributions under Code chapter 411 by retired
police officers and fire fighters who became vested and
terminated service or were receiving annuities prior to July
1, 1979, to current Code style.
Section 421.24: Adds a comma to set off a prefatory clause
and deletes an unneeded comma to improve the readability of
this provision relating to suits brought in other states by the
attorney general for collection of taxes due under the laws of
this state.
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Section 422.11L: Replaces the phrase “the date specified in
the preceding sentence” with “January 1, 2016”, the date that
is specified in the preceding sentence, in this definition of
the term “Internal Revenue Code” that applies to the granting
of solar energy system tax credits.
Section 428A.9: Adds commas in two places to set off
prefatory clauses in this provision describing the procedure
that a taxpayer must follow to receive a refund of overpayment
of taxes that have been paid to the state or to a county.
Sections 455B.224 and 455B.301: Changes the term “executive
director” to “director” to conform the name used to describe
the chief executive officer of the department of natural
resources to the current name. These name changes were
inadvertently omitted when that department was created in 1986
Iowa Acts, chapter 1245.
Section 455B.395: Adds the numeric reference “4” after two
part references to facilitate hypertext linkage within this
provision governing the public availability of information
obtained during the investigation of or response to a hazardous
condition conducted pursuant to rules adopted, investigations
authorized, or orders issued pursuant to part 4 of Code chapter
455B, subchapter IV.
Section 455B.473: Corrects a reference by name to the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 in this provision exempting the owners
of certain underground storage tanks from being required to
provide notice to the department of natural resources of the
existence of those tanks.
Section 455B.479: Adds a citation to improve hypertext
linkage to the Code section in which the groundwater protection
fund is created, in this Code section requiring the deposit of
annual underground storage tank management fees in that fund.
Section 455F.7: Adds a citation to improve hypertext
linkage to the Code section in which the groundwater protection
fund is created, in this Code section requiring the remitting
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of fees that have been collected from the issuance of permits
to retailers for the sale of household hazardous materials to
that fund.
Section 455G.4: Updates the name of the committee to
reflect the current name of the committee in the senate, the
chairperson and ranking member of which should receive a
quarterly report regarding changes to the status of claims
against the Iowa comprehensive petroleum underground storage
tank fund and corrective action taken at eligible high-risk
sites.
Section 456B.11: Adds a citation to improve hypertext
linkage to the Code section in which the groundwater protection
fund is created, in this Code section providing for use of
moneys in that fund for acquisition, protection, development,
and management of wetlands that result from the elimination of
agricultural drainage wells.
Section 460.302: Adds a citation to improve hypertext
linkage to the Code section in which the groundwater protection
fund is created, in language relating to use of moneys
from that fund to provide financial incentives for the
implementation of alternatives to agricultural drainage wells.
Section 490.143: Adds commas in two places to conform
the language of this definition of “qualified director” of a
business corporation to similar language in the model business
corporation Act promulgated by the American bar association,
upon which this Code section is based.
Section 514A.3: Adds, in multiple places, numeric Code
subunit designations to distinguish language which is part of
this Code section relating to accident and sickness insurance
policy provisions from language which is directed to be
included within the insurance policy provisions.
Section 514E.2: Removes a hyphen from the term “cross
section” in this provision describing the composition of the
board of directors of the Iowa comprehensive health insurance
association to conform use of the term to usage elsewhere in
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the Code.
Section 518B.1: Changes the capitalization of the word
“section” and adds the word “federal” within a citation to
the federal Housing and Urban Development Act of 1968, in a
definition of the term “the Act” for purposes of the riot
reinsurance program contained in Code chapter 518B, to conform
to the style used for similar citations elsewhere in the Code.
Section 521A.1: Strikes a redundant instance of the word
“inclusive” that appears after a Code section citation string
to conform the citation string in this definition of the term
“control” for the Code chapter relating to insurance holding
systems to other similar citation strings elsewhere in the
Code.
Section 524.103: Adds a comma before the last item in
a series to conform the style of the series within this
definition of the term “evidence of indebtedness” to the style
of other series elsewhere in the Code.
Section 524.207: Strikes the redundant expression “and
thereafter”, that appears after a date citation to “on or after
December 31, 2015” in this provision relating to payment of
fees and assessments generated by the conversion of a national
bank or federal savings association to a state bank on or after
December 31, 2015.
Section 524.302: Changes the verb “be” to “are” to
update the verbiage used in this provision describing one
of the provisions that must be included in the articles of
incorporation of a state bank.
Section 524.544: Strikes a reference to subsection 2 of
this section, that was stricken by 2022 Iowa Acts, chapter
1062, section 57, in this provision relating to reports to the
superintendent of banking when changes in control of the shares
of a state bank occur.
Section 524.1405: Adds the word “be” to improve the grammar
of this provision relating to the effect of a merger of
financial institutions.
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Section 524.1508: Changes the verb “be” to “is” to update
the verbiage used and adds a comma to set off a prefatory
clause in two provisions describing the procedure for adoption
of restated articles of incorporation by a state bank.
Section 554.2403: Italicizes the term “entrusting” to
conform this definition to the style used elsewhere in the
Code for defined terms in this provision governing the title
acquired by a purchaser from a transferor in transactions
involving the sale of goods.
Section 554.2707: Italicizes the term “person in the
position of a seller”, in this provision defining which persons
are considered to be, and what the powers and remedies are held
by those persons, to conform this definition to the style used
elsewhere in the Code for defined terms.
Section 554.9208: Deletes an extraneous “and” to conform
the style of this subparagraph to the style of the balance of
this Code section, and to the section of the model Act upon
which this Code section is based, in this provision relating to
the duties of a secured party after receiving a demand from a
debtor.
Section 556E.2: Adds the word “section” to improve the
readability of and hypertext linkage within this Code section
relating to tests for the ascertainment of the fineness of gold
or alloy in any article.
Section 562B.10: Adds commas before the word “including”,
to set off a qualifying clause, and before the last item in a
series, to conform the style of this provision relating to what
may be included in a rental agreement between a landlord and
tenant to current Code style.
Section 592.1: Capitalizes a reference to a specific
session of the general assembly and a reference to a specific
Code publication, in this provision relating to bonds for
certain garbage disposal plants, to conform the style of the
references to the style used in other similar references
elsewhere in the Code.
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Section 628.28: Adds a comma before the last citation in
three series of Code section citations to conform the citation
style used in this Code section relating to redemption of
property not used for agricultural or certain residential
purposes to the style used elsewhere in the Code.
Section 636.25: Adds the word “section” to improve the
readability of and hypertext linkage within this Code section
relating to powers of a fiduciary of a trust over existing
investments of the trust.
Section 692A.128: Adds the word “tier” before a numeric
reference to “III” to conform this reference to tier III sex
offenses to other similar references elsewhere within Code
chapter 692A regarding the sex offender registry and sex
offender registration requirements.
Section 804.31: Removes hyphens from this nonadjectival use
of the term “hard of hearing” in this provision relating to the
detention or arrest of hard-of-hearing persons.
Section 811.7: Changes the word “recite” to “recites” to
update archaic usage in this provision relating to recommitment
of a defendant who was released on bail, but who has failed to
appear as required in the order for release.
Section 904.603: Divides a long sentence into two and
adds a comma before the last item in a series to improve the
readability of this provision relating to actions for damages
for an unlawful release of confidential information contained
in records regarding services received by a person from the
department of corrections or the judicial district departments
of corrections.
2018 Iowa Acts, chapter 1161, section 114: Corrects an
internal reference to a Code chapter subunit of Code chapter
422 that appeared in new subsection language that now appears
in Code section 422.7, subsection 18, but was added to Code
section 422.7, subsection 29, effective January 1, 2023, by
this section of this 2018 Iowa Act. Beginning in 2020, Code
chapter 422 no longer was divided into “divisions” but rather
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is divided into “subchapters”. This change is retroactively
applicable to January 1, 2023.
2022 Iowa Acts, chapter 1045, section 7: Redrafts to
correct the lead-in in this section of this Act to clarify
that subsection 1, paragraph “b”, of Code section 421.65, is
being amended. The original lead-in in this section of this
Act does not include the Code section citation information.
The amendment to this Act takes effect contingent upon the
effective date of the rules adopted by the department of
revenue implementing 2020 Iowa Acts, chapter 1064, other than
transitional rules.
2022 Iowa Acts, chapter 1061, sections 53 and 54: Corrects
an internal reference to a provision amended by 2022 Iowa Acts,
chapter 1061, that took effect upon enactment of that Act and
applied retroactively to January 1, 2022. This provision takes
effect upon enactment and applies retroactively to January 1,
2022.
2022 Iowa Acts, chapter 1099, section 47: Redrafts this
Iowa Acts section to eliminate a duplicate instance of the term
“retail alcohol license” that was inadvertently created when
Code section 123.49, subsection 2, paragraph “d”, subparagraph
(3), was amended by this Act.
2022 Iowa Acts, chapter 1131, section 69: Strikes an
extraneous “the” that would otherwise appear in what is now
Code section 331.389, subsection 4, paragraph “a”, subparagraph
(2), subparagraph division (b), after this Iowa Act section’s
changes were applied to former Code section 331.389, subsection
4, paragraph “a”, subparagraph (3).
2022 Iowa Acts, chapter 1148, section 25: Corrects an
internal reference to a Code chapter subunit of Code chapter
422 that appeared in new subsection language that was added to
Code section 422.60 by this section of this Iowa Act. Code
chapter 422 is no longer divided into “divisions” but rather
is divided into “subchapters”.
2022 Iowa Acts, chapter 1153, section 38: Redrafts this Iowa
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Acts section to add the missing indefinite article “a” before
the words “different parent or guardian” in new language that
is added to Code section 282.18, subsection 11, paragraph “a”,
subparagraph (8), by this section of this Iowa Act.
DIVISION II:
This division directs the Code editor to move Code section
89A.25, which is the short title for Code chapter 89A, relating
to elevators, to become Code section 89A.1A. Short titles
are placed at or near the beginning of Code chapters under
current Code style and the transfer avoids the need for the
use of alpha designations if new Code sections are enacted at
the end of the Code chapter but before the current short title
placement.
DIVISION III:
This division contains effective date and retroactive
applicability provisions that apply to 2022 Iowa Acts, chapter
1045, section 7; 2022 Iowa Acts, chapter 1061, sections 53 and
54; and 2018 Iowa Acts, chapter 1161, section 114.
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