Bill Text: IA HSB616 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A study bill relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective date provisions.

Spectrum: Unknown

Status: (Introduced - Dead) 2016-02-16 - Voted - Judiciary. [HSB616 Detail]

Download: Iowa-2015-HSB616-Introduced.html

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House Study Bill 616 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON BALTIMORE)
A BILL FOR
An Act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and
including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 8D.14, Code 2016, is amended to read as
follows:
8D.14 Iowa communications network fund.
1. There is created in the office of the treasurer of
state a fund to be known as the Iowa communications network
fund under the control of the Iowa telecommunications and
technology commission. There shall be deposited into the
Iowa communications network fund proceeds from bonds issued
for purposes of projects authorized pursuant to section
8D.13 , funds received from leases pursuant to section
8D.11 , and other moneys by law credited to or designated
by a person for deposit into the fund. Amounts deposited
into the fund are appropriated to and for the use of the
commission. Notwithstanding section 12C.7 , interest earned
on amounts deposited in the fund shall be credited to the
fund. Notwithstanding section 8.33 , moneys deposited into
and appropriated from the fund that remain unencumbered or
unobligated at the close of the fiscal year shall not revert
but shall remain available for expenditure for the purposes
designated until the close of the succeeding fiscal year.
2. The commission shall be required to repay one million
dollars of start-up funding from the Iowa communications
network fund to the general fund of the state. For the fiscal
year beginning July 1, 2007, and ending June 30, 2008, the
commission shall repay two hundred fifty thousand dollars
of start-up funding at the end of that fiscal year, and for
the fiscal year beginning July 1, 2008, and ending June 30,
2009, the commission shall repay two hundred fifty thousand
dollars of start-up funding at the end of that fiscal year.
The remaining five hundred thousand dollars shall be repaid
in a reasonable period of time thereafter as provided in this
subsection . The commission shall conduct a review of the
operation of the fund and the extent to which a continued
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need for funding for cash flow support exists, and shall
provide a report summarizing the results of the review to
the general assembly by January 1, 2010. The report shall
also include a plan regarding repayment of the remaining five
hundred thousand dollars in start-up funding in a manner which
will not adversely affect network operations, and any other
recommendations relating to the fund and the operation of the
network deemed appropriate by the commission.
Sec. 2. Section 12.77, Code 2016, is amended to read as
follows:
12.77 Construction.
Sections 12.71 through 12.76 , being necessary for the
welfare of this state and its inhabitants, shall be liberally
construed to effect its the purposes of the sections .
Sec. 3. Section 12.86, Code 2016, is amended to read as
follows:
12.86 Construction.
Sections 12.81 through 12.85 , being necessary for the
welfare of this state and its inhabitants, shall be liberally
construed to effect its the purposes of the sections .
Sec. 4. Section 12.90, subsection 2, Code 2016, is amended
to read as follows:
2. Sections 12.87 through 12.89 , and this section , being
necessary for the welfare of this state and its inhabitants,
shall be liberally construed to effect its the purposes of the
sections .
Sec. 5. Section 13.7, subsection 1, Code 2016, is amended
to read as follows:
1. Compensation shall not be allowed to any person for
services as an attorney or counselor to an executive department
of the state government, or the head of an executive department
of state government, or to a state board or commission.
However, the executive council may authorize employment of
legal assistance, at a reasonable compensation, in a pending
action or proceeding to protect the interests of the state,
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but only upon a sufficient showing, in writing, made by the
attorney general, that the department of justice cannot for
reasons stated by the attorney general perform the service.
The reasons and action of the executive council shall be
entered upon its records. If the attorney general determines
that the department of justice cannot perform legal service
in an action or proceeding, the executive council shall
request the department involved in the action or proceeding
to recommend legal counsel to represent the department. If
the attorney general concurs with the department that the
person recommended is qualified and suitable to represent the
department, the person recommended shall be employed. If the
attorney general does not concur in the recommendation, the
department shall submit a new recommendation. This subsection
does not affect the general counsel for the utilities board of
the department of commerce, the legal counsel of the department
of workforce development, or the general counsel for the
property assessment appeal board.
Sec. 6. Section 13C.2, subsection 1, paragraph c, Code 2016,
is amended to read as follows:
c. In lieu of filing the financial disclosure information
at the time of registration, the professional commercial
fund-raiser may file a statement with its permit application
where it agrees to provide, without cost, the financial
disclosure information required to be disclosed pursuant to
this subsection to a person or government governmental entity
requesting the information within one day of the request. The
statement shall include the telephone number, mailing address,
and names of persons to be contacted to obtain the financial
disclosure information of the fund-raiser. Failure to provide
this information upon request shall be a violation of this
chapter .
Sec. 7. Section 13C.2, subsection 3, paragraph b, Code 2016,
is amended to read as follows:
b. The attorney general may seek an injunction pursuant
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to section 714.16 prohibiting the professional commercial
fund-raiser or charitable organization from soliciting
contributions until the required financial information has
been disclosed to the attorney general, person, or government
governmental entity making the request.
Sec. 8. Section 15.338, subsection 5, Code 2016, is amended
to read as follows:
5. In providing financial assistance under this section,
the authority shall coordinate with a city to develop a plan
for the use of funds that is consistent with the community
development, housing, and economic development goals of the
city. The terms of the agreement entered into pursuant to
subsection 3 4 and the use of financial assistance provided
under this section shall reflect the plan developed based on a
city’s goals.
Sec. 9. Section 15.353, subsection 2, paragraph d,
subparagraph (2), subparagraph division (c), Code 2016, is
amended to read as follows:
(c) The demand for projects applying under this paragraph
“d” compared to the demand for projects applying under
paragraphs “a” through “c” .
Sec. 10. Section 15H.5, subsection 5, paragraphs b and d,
Code 2016, are amended to read as follows:
b. The commission shall manage the Iowa summer youth corps
program in a manner to maximize the leveraging of federal,
local, and private funding opportunities that increase or
amplify program impact and service-learning opportunities.
The commission shall also encourage collaboration with, and
utilization of, other national, local, and nonprofit programs
engaged in community service or addressing the needs of youth
from families with low income.
d. The commission shall include progress information
concerning implementation of the Iowa summer youth corps
program in the quarterly reports made to the governor and the
general assembly in accordance with section 15H.2 .
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Sec. 11. Section 15H.5, subsection 6, paragraph b, Code
2016, is amended to read as follows:
b. If a stipend is provided to a youth participating in
the Iowa summer youth corps program, the youth shall be age
fourteen through eighteen.
Sec. 12. Section 16.2D, subsection 6, paragraph b, Code
2016, is amended to read as follows:
b. The council shall elect a chairperson and vice
chairperson from the membership of the council. The
chairperson and vice chairperson shall each serve two-year
terms. The positions of chairperson and vice chairperson shall
not both be held by members who are both either general public
members or agency directors director members . The position
positions of chairperson and vice chairperson shall rotate
between agency director members and general public members.
Sec. 13. Section 17A.17, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. Unless required for the disposition of ex parte matters
specifically authorized by statute, a presiding officer in a
contested case , shall not communicate , directly or indirectly ,
with any person or party in connection with any issue of fact
or law in that contested case, with any person or party, except
upon notice and opportunity for all parties to participate as
shall be provided for by agency rules.
Sec. 14. Section 21.5, subsection 1, paragraph g, Code 2016,
is amended to read as follows:
g. To avoid disclosure of specific law enforcement matters,
such as current or proposed investigations , or inspection or
auditing techniques or schedules, which if disclosed would
enable law violators to avoid detection.
Sec. 15. Section 28F.12, subsection 2, Code 2016, is amended
to read as follows:
2. If the entity is comprised solely of cities, counties,
and sanitary districts established under chapter 358 , or any
combination thereof, it is a governmental entity with respect
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to projects undertaken pursuant to chapter 418 and may exercise
all of the powers of a governmental entity under that chapter
in connection with the a flood mitigation project. Unless
otherwise provided in chapter 418 , if the entity is undertaking
a flood mitigation project as a governmental entity under
chapter 418 , the provisions of chapter 418 shall prevail over
any conflicting provision in this chapter .
Sec. 16. Section 48A.26, subsections 4 and 5, Code 2016, are
amended to read as follows:
4. If the registrant applied by mail to register to vote and
did not answer either “yes” or “no” to the first question in
section 48A.11, subsection 3 , paragraph “a” , the application
shall be processed. If the application is complete and proper
in all other respects and information on the application is
verified, as required by section 48A.25A , the applicant shall
be registered to vote and sent an acknowledgment.
5. If the registrant applied by mail to register to vote
and answered “no” to the first question in section 48A.11,
subsection 3 , paragraph “a” , the application shall not be
processed. The acknowledgment shall advise the applicant
that the registration has been rejected because the applicant
indicated on the registration form that the applicant is not a
citizen of the United States.
Sec. 17. Section 91E.2, subsection 1, paragraph b, Code
2016, is amended to read as follows:
b. If a Spanish-speaking interpreter is needed, the employer
shall select an interpreter from a list of interpreters
developed by the department of workforce development , drawn
from the commission of Latino affairs’ statewide list of
interpreters qualified to serve Iowa courts and administrative
agencies .
Sec. 18. Section 96.7, subsection 8, paragraph a,
subparagraph (4), Code 2016, is amended to read as follows:
(4) The department, in accordance with rules adopted by the
department pursuant to chapter 17A , shall notify each nonprofit
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organization of any determination made by the department of the
status of the nonprofit organization as an employer and of the
effective date of any election or termination of election. A
determination is subject to appeal and review in accordance
with subsections 4 and 5 .
Sec. 19. Section 96.13, subsection 2, Code 2016, is amended
to read as follows:
2. Replenishment of lost funds. If any moneys received
after June 30, 1941, from the social security administration
under Tit. III of the Social Security Act, or any unencumbered
balances in the unemployment compensation administration fund
as of that date, or any moneys granted after that date to this
state pursuant to the provisions of the Wagner-Peyser Act,
or any moneys made available by this state or its political
subdivisions and matched by such moneys granted to this state
pursuant to the provisions of the Wagner-Peyser Act, are
found by the social security administration, because of any
action or contingency, to have been lost or been expended for
purposes other than or in amounts in excess of, those found
necessary by the social security administration for the proper
administration of this chapter , it is the policy of this state
that such moneys shall be replaced by moneys appropriated
for such purpose from the general funds of this state to the
unemployment compensation administration fund for expenditure
as provided in subsection 1 of this section . Upon receipt of
notice of such a finding by the social security administration,
the department shall promptly report the amount required for
such replacement to the governor and the governor shall at
the earliest opportunity, submit to the legislature a request
for the appropriation of such amount. This subsection shall
not be construed to relieve this state of its obligation with
respect to funds received prior to July 1, 1941, pursuant to
the provisions of Tit. III of the Social Security Act .
Sec. 20. Section 96.19, subsection 41, unnumbered paragraph
1, Code 2016, is amended to read as follows:
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“Wages” means all remuneration for personal services,
including commissions and bonuses and the cash value of all
remuneration in any medium other than cash. The reasonable
cash value of remuneration in any medium other than cash, shall
be estimated and determined in accordance with rules prescribed
by the department. Wages payable to an individual for insured
work performed prior to January 1, 1941, shall, for the
purposes of sections 96.3 , 96.4 , and this section , be deemed to
be wages paid within the calendar quarter with respect to which
such wages were payable.
Sec. 21. Section 96.20, subsection 2, paragraph b, Code
2016, is amended to read as follows:
b. Reimbursements so payable shall be deemed to be benefits
for the purposes of section 96.3, subsection 5 , paragraph “a” ,
and section 96.9 , but no reimbursement so payable shall be
charged against any employer’s account for the purposes of
section 96.7 , unless wages so transferred are sufficient to
establish a valid claim in Iowa, and that such charges shall
not exceed the amount that would have been charged on the
basis of a valid claim. The department is hereby authorized
to make to other state or federal agencies and receive from
such other state or federal agencies, reimbursements from
or to the fund, in accordance with arrangements pursuant
to this section . The department shall participate in any
arrangements for the payment of compensation on the basis of
combining an individual’s wages and employment covered under
this chapter with the individual’s wages and employment covered
under the unemployment compensation laws of other states
which are approved by the United States secretary of labor in
consultation with the state unemployment compensation agencies
as reasonably calculated to assure the prompt and full payment
of compensation in such situations and which include provisions
for applying the base period of a single state law to a claim
involving the combining of an individual’s wages and employment
covered under two or more state unemployment compensation laws,
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and avoiding the duplication in the use of wages and employment
by reason of such combining.
Sec. 22. Section 97B.49C, subsection 1, paragraph e, Code
2016, is amended to read as follows:
e. “Sheriff” means a county sheriff as defined described in
section 39.17 331.651 .
Sec. 23. Section 97B.49G, subsection 7, paragraph a,
subparagraph (3), subparagraph division (a), Code 2016, is
amended to read as follows:
(a) As a county sheriff as defined described in section
39.17 331.651 .
Sec. 24. Section 99.28, Code 2016, is amended to read as
follows:
99.28 Certification and payment of mulct tax.
The clerk of said court shall make and certify a return of
the imposition of said the mulct tax forthwith to the county
auditor, who shall enter the same as a tax upon the property,
and against the persons upon which or whom the lien was
imposed, as and when the other taxes are entered, and the same
shall be and remain a lien on the land upon which such lien
was imposed until fully paid. Any such lien imposed while the
tax books are in the hands of the auditor shall be immediately
entered therein in the tax books . The payment of said the
mulct tax shall not relieve the persons or property from any
other penalties provided by law.
Sec. 25. Section 99.29, Code 2016, is amended to read as
follows:
99.29 Collection of mulct tax.
The provisions of the law relating to the collection of taxes
in this state, the delinquency thereof, and sale of property
for taxes shall govern in the collection of the mulct tax
herein prescribed in this chapter insofar as the same those
provisions are applicable.
Sec. 26. Section 99.30, Code 2016, is amended to read as
follows:
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99.30 Application of mulct tax.
The mulct tax collected shall be applied toward the
deficiency in the payment of costs of the action and abatement
which exist after the application of the proceeds of the sale
of personal property. The remainder of the tax together with
the unexpended portion of the proceeds of the sale of personal
property shall be paid to the treasurer of state for deposit in
the general fund of the state, except that ten percent of the
amount of the whole tax collected and of the whole proceeds of
the sale of the personal property, as provided in this chapter ,
shall be paid by the treasurer to the attorney representing the
state in the injunction action, at the time of final judgment.
Sec. 27. Section 99.31, Code 2016, is amended to read as
follows:
99.31 Tax Mulct tax assessed.
When such nuisance has been found to exist under any
proceeding in the district court or as in this chapter
provided, and the owner or agent of such building or ground
whereon the same nuisance has been found to exist was not
a party to such proceeding, nor appeared therein, the said
mulct tax of three hundred dollars shall, nevertheless, be
imposed against the persons served or appearing and against the
property as set forth in this chapter set forth .
Sec. 28. Section 99B.3, subsection 4, paragraph b, Code
2016, is amended to read as follows:
b. If a request for a hearing is timely received by
the department, the applicant or licensee shall be given
an opportunity for a prompt and fair hearing before the
department and the denial, suspension, or revocation shall be
deemed suspended stayed until the department makes a final
determination. However, the director may suspend a license
prior to a hearing if the director finds that the public
integrity of the licensed activity is compromised or there is a
risk to public health, safety, or welfare. In addition, at any
time during or prior to the hearing the department may rescind
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the notice of the denial, suspension, or revocation upon being
satisfied that the reasons for the denial, suspension, or
revocation have been or will be removed. On the basis of any
such hearing, the determination involved in the notice may be
affirmed, modified, or set aside by the department in a written
decision.
Sec. 29. Section 99B.55, subsection 3, paragraph b,
subparagraph (2), Code 2016, is amended to read as follows:
(2) If a request for a hearing is timely received by
the department, the applicant or registrant shall be given
an opportunity for a prompt and fair hearing before the
department and the denial, suspension, or revocation shall be
deemed suspended stayed until the department makes a final
determination. However, the director of the department may
suspend a registration prior to a hearing if the director
finds that the public integrity of the registered activity
is compromised or there is a risk to public health, safety,
or welfare. In addition, at any time during or prior to the
hearing, the department may rescind the notice of the denial,
suspension, or revocation upon being satisfied that the reasons
for the denial, suspension, or revocation have been or will
be removed. On the basis of any such hearing, the proposed
action in the notice may be affirmed, modified, or set aside by
the department in a written decision. The procedure governing
hearings authorized by this paragraph subparagraph shall be in
accordance with the rules promulgated adopted by the department
and chapter 17A .
Sec. 30. Section 99F.15, subsection 6, paragraph a, Code
2016, is amended to read as follows:
a. A person who places, removes, increases, or decreases a
bet after acquiring knowledge of the outcome of the gambling
game which is the subject of the bet or to aid who aids a
person in acquiring the knowledge for the purpose of placing,
removing, increasing, or decreasing a bet contingent on that
outcome commits the offense of unlawful betting.
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Sec. 31. Section 123.9, subsection 5, Code 2016, is amended
to read as follows:
5. To grant and issue beer permits, wine permits, special
permits, liquor control licenses, and other licenses; and to
suspend or revoke all such permits and licenses for cause under
this chapter .
Sec. 32. Section 123.48, Code 2016, is amended to read as
follows:
123.48 Seizure of false or altered driver’s license or
nonoperator nonoperator’s identification card.
1. If a liquor control licensee or wine or beer permittee
or an employee of the licensee or permittee has a reasonable
belief based on factual evidence that a driver’s license as
defined in section 321.1, subsection 20A , or nonoperator
nonoperator’s identification card issued pursuant to section
321.190 offered by a person who wishes to purchase an alcoholic
beverage at the licensed premises is altered or falsified or
belongs to another person, the licensee, permittee, or employee
may retain the driver’s license or nonoperator nonoperator’s
identification card. Within twenty-four hours, the license or
card shall be delivered to the appropriate city or county law
enforcement agency of the jurisdiction in which the licensed
premises is located. When the license or card is delivered
to the appropriate law enforcement agency, the licensee shall
file a written report of the circumstances under which the
license or card was retained. The local law enforcement
agency may investigate whether a violation of section 321.216 ,
321.216A , or 321.216B has occurred. If an investigation is not
initiated or a probable cause is not established by the local
law enforcement agency, the driver’s license or nonoperator
nonoperator’s identification card shall be delivered to the
person to whom it was issued. The local law enforcement
agency may forward the license or card with the report to the
department of transportation for investigation, in which case,
the department may investigate whether a violation of section
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321.216 , 321.216A , or 321.216B has occurred. The department of
transportation shall return the license or card to the person
to whom it was issued if an investigation is not initiated or a
probable cause is not established.
2. Upon taking possession of an a driver’s license or
nonoperator’s identification card as provided in subsection 1 ,
a receipt for the license or card with the date and hour of
seizure noted shall be provided to the person from whom the
license or card was seized.
3. A liquor control licensee or wine or beer permittee or
an employee of the licensee or permittee is not subject to
criminal prosecution for, or to civil liability for damages
alleged to have resulted from, the retention and delivery of a
driver’s license or a nonoperator nonoperator’s identification
card which is taken pursuant to subsections 1 and 2 . This
section shall not be construed to relieve a licensee,
permittee, or employee of the licensee or permittee from civil
liability for damages resulting from the use of unreasonable
force in obtaining the altered or falsified driver’s license or
nonoperator’s identification card or the driver’s license or
nonoperator’s identification card believed to belong to another
person.
Sec. 33. Section 123.124, Code 2016, is amended to read as
follows:
123.124 Beer permits —— classes.
Permits for the manufacture and sale, or sale, of beer shall
be divided into six classes, known as class “A”, special class
“A”, class “AA”, special class “AA”, class “B”, or class “C”
beer permits. A class “A” beer permit allows the holder to
manufacture and sell beer at wholesale. A holder of a special
class “A” beer permit may only manufacture beer to be consumed
on the licensed premises for which the person also holds a
class “C” liquor control license or class “B” beer permit, to
be sold to a class “A” beer permittee for resale purposes,
and to be sold to distributors outside of the state that are
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authorized by the laws of that jurisdiction to sell beer at
wholesale. A class “AA” beer permit allows the holder to
manufacture and sell high alcoholic content beer at wholesale.
A holder of a special class “AA” beer permit may only
manufacture high alcoholic content beer to be consumed on the
licensed premises for which the person also holds a class “C”
liquor control license or class “B” beer permit, to be sold to
a class “AA” beer permittee for resale purposes, and to be sold
to distributors outside of the state that are authorized by the
laws of that jurisdiction to sell high alcoholic content beer
at wholesale. A class “B” beer permit allows the holder to
sell beer to consumers at retail for consumption on or off the
premises. A class “C” beer permit allows the holder to sell
beer to consumers at retail for consumption off the premises.
Sec. 34. Section 123.127, subsection 1, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
A class “A”, class “AA”, special class “A”, or special class
“AA” beer permit shall be issued by the administrator to any
person who:
Sec. 35. Section 123.127, subsection 2, Code 2016, is
amended to read as follows:
2. An applicant for a special class “A” or special class
“AA” beer permit shall comply with the requirements for a
class “A” or class “AA” beer permit, as applicable, and shall
also state on the application that the applicant holds or has
applied for a class “C” liquor control license or class “B”
beer permit.
Sec. 36. Section 123.128, unnumbered paragraph 1, Code
2016, is amended to read as follows:
A class “B” beer permit shall be issued by the administrator
to any person who:
Sec. 37. Section 123.129, subsection 1, Code 2016, is
amended to read as follows:
1. A class “C” beer permit shall not be issued to any person
except the owner or proprietor of a grocery store or pharmacy.
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Sec. 38. Section 123.129, subsection 2, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
A class “C” beer permit shall be issued by the administrator
to any person who is the owner or proprietor of a grocery store
or pharmacy, who:
Sec. 39. Section 123.130, Code 2016, is amended to read as
follows:
123.130 Authority under class “A”, class “AA”, special class
“A”, and special class “AA” beer permits.
1. Any person holding a class “A” or class “AA” beer permit
issued by the division shall be authorized to manufacture
and sell, or sell at wholesale, beer for consumption off the
premises, such sales within the state to be made only to
persons holding subsisting class “A”, “B”, or “C” beer permits,
or liquor control licenses issued in accordance with the
provisions of this chapter . A class “A”, class “AA”, special
class “A”, or special class “AA” beer permit does not grant
authority to manufacture wine as defined in section 123.3,
subsection 47 .
2. All class “A” and class “AA” premises shall be located
within the state. All beer received by the holder of a
class “A” or class “AA” beer permit from the holder of a
certificate of compliance before being resold must first come
to rest on the licensed premises of the permit holder, must be
inventoried, and is subject to the barrel tax when resold as
provided in section 123.136 . A class “A” or class “AA” beer
permittee shall not store beer overnight except on premises
licensed under a class “A” or class “AA” beer permit.
3. All special class “A” and special class “AA” premises
shall be located within the state. A person who holds a
special class “A” or special class “AA” beer permit for the
same location at which the person holds a class “C” liquor
control license or class “B” beer permit may manufacture and
sell beer to be consumed on the premises, may sell beer to a
class “A” or class “AA” beer permittee for resale purposes,
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and may sell beer to distributors outside of the state that
are authorized by the laws of that jurisdiction to sell beer
at wholesale.
Sec. 40. Section 123.131, Code 2016, is amended to read as
follows:
123.131 Authority under class “B” beer permit.
Subject to the provisions of this chapter , any person
holding a class “B” beer permit shall be authorized to sell
beer for consumption on or off the premises. However, unless
otherwise provided in this chapter , no sale of beer shall
be made for consumption on the premises unless the place
where such service is made is equipped with tables and seats
sufficient to accommodate not less than twenty-five persons at
one time.
Sec. 41. Section 123.132, Code 2016, is amended to read as
follows:
123.132 Authority under class “C” beer permit.
1. The holder of a class “C” beer permit shall be allowed
to sell beer to consumers at retail for consumption off the
premises. The sales made pursuant to this section shall be
made in original containers except as provided in subsection 2 .
2. Subject to the rules of the division, sales made pursuant
to this section may be made in a container other than the
original container only if all of the following requirements
are met:
a. The beer is transferred from the original container to
the container to be sold on the licensed premises at the time
of sale.
b. The person transferring the beer from the original
container to the container to be sold shall be eighteen years
of age or more.
c. The container to be sold shall be no larger than
seventy-two ounces.
d. The container to be sold shall be securely sealed by a
method authorized by the division that is designed so that if
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the sealed container is reopened or the seal tampered with, it
is visibly apparent that the seal on the container of beer has
been tampered with or the sealed container has otherwise been
reopened.
3. A container of beer other than the original container
that is sold and sealed in compliance with the requirements of
subsection 2 and the division’s rules 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.
4. The holder of a class “C” beer permit or the permittee’s
agents or employees shall not sell beer to other retail license
or permit holders knowing or having reasonable cause to believe
that the beer will be resold in another licensed establishment.
Sec. 42. Section 123.134, subsections 1 and 2, Code 2016,
are amended to read as follows:
1. The annual permit fee for a class “A” or special class
“A” beer permit is two hundred fifty dollars.
2. The annual permit fee for a class “AA” or special class
“AA” beer permit is five hundred dollars.
Sec. 43. Section 123.134, subsection 3, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
The annual permit fee for a class “B” beer permit shall be
graduated according to population as follows:
Sec. 44. Section 123.134, subsection 4, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
The annual permit fee for a class “C” beer permit shall be
graduated on the basis of the amount of interior floor space
which comprises the retail sales area of the premises covered
by the permit, as follows:
Sec. 45. Section 123.135, subsections 3, 4, and 5, Code
2016, are amended to read as follows:
3. All class “A” and class “AA” beer permit holders shall
sell only those brands of beer which are manufactured, brewed,
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bottled, shipped, or imported by a person holding a current
certificate of compliance. Any employee or agent working for
or representing the holder of a certificate of compliance
within this state shall submit electronically, or in a manner
prescribed by the administrator, the employee’s or agent’s name
and address with the division.
4. It shall be unlawful for any holder of a certificate of
compliance or the holder’s agent, or any class “A” or class
“AA” beer permit holder or the beer permit holder’s agent, to
grant to any retail beer permit holder, directly or indirectly,
any rebates, free goods, or quantity discounts on beer which
are not uniformly offered to all retail permittees.
5. Notwithstanding any other penalties provided by this
chapter , any holder of a certificate of compliance or any class
“A” or class “AA” beer permit holder who violates this chapter
or the rules adopted pursuant to this chapter is subject to a
civil penalty not to exceed one thousand dollars or suspension
of the holder’s certificate or permit for a period not to
exceed one year, or both such civil penalty and suspension.
Civil penalties imposed under this section shall be collected
and retained by the division.
Sec. 46. Section 123.136, subsection 1, Code 2016, is
amended to read as follows:
1. In addition to the annual permit fee to be paid by all
class “A” and class “AA” beer permittees under this chapter
there shall be levied and collected from the permittees on all
beer manufactured for sale or sold in this state at wholesale
and on all beer imported into this state for sale at wholesale
and sold in this state at wholesale, and from special class “A”
and special class “AA” beer permittees on all beer manufactured
for consumption on the premises, a tax of five and eighty-nine
hundredths dollars for every barrel containing thirty-one
gallons, and at a like rate for any other quantity or for the
fractional part of a barrel. However, no tax shall be levied
or collected on beer shipped outside this state by a class “A”
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or class “AA” beer permittee or sold by one class “A” or class
“AA” beer permittee to another class “A” or class “AA” beer
permittee.
Sec. 47. Section 123.137, subsection 1, Code 2016, is
amended to read as follows:
1. A person holding a class “A”, class “AA”, special class
“A”, or special class “AA” beer permit shall, on or before the
tenth day of each calendar month commencing on the tenth day of
the calendar month following the month in which the person is
issued a beer permit, make a report under oath to the division
electronically, or in a manner prescribed by the administrator,
showing the exact number of barrels of beer, or fractional
parts of barrels, sold by the beer permit holder during
the preceding calendar month. The report shall also state
information the administrator requires, and beer permit holders
shall at the time of filing a report pay to the division the
amount of tax due at the rate fixed in section 123.136 .
Sec. 48. Section 123.138, subsection 1, Code 2016, is
amended to read as follows:
1. Each class “A”, class “AA”, special class “A”, or special
class “AA” beer permittee shall keep proper records showing the
amount of beer sold by the permittee, and these records shall
be at all times open to inspection by the administrator and to
other persons pursuant to section 123.30, subsection 1 . Each
class “B” beer permittee, class “C” beer permittee, or retail
liquor control licensee shall keep proper records showing each
purchase of beer made by the permittee or licensee, and the
date and the amount of each purchase and the name of the person
from whom each purchase was made, which records shall be open
to inspection pursuant to section 123.30, subsection 1 , during
normal business hours of the permittee or licensee.
Sec. 49. Section 123.139, Code 2016, is amended to read as
follows:
123.139 Separate locations —— class “A”, class “AA”, special
class “A”, special class “AA”.
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A class “A”, class “AA”, special class “A”, or special class
“AA” beer permittee having more than one place of business is
required to have a separate beer permit for each separate place
of business maintained by the permittee where beer is stored,
warehoused, or sold.
Sec. 50. Section 123.140, Code 2016, is amended to read as
follows:
123.140 Separate locations —— class “B” or “C”.
Every person holding a class “B” or class “C” beer permit
having more than one place of business where such beer is sold
which places do not constitute a single premises within the
meaning of section 123.3, subsection 25 shall be required to
have a separate license for each separate place of business,
except as otherwise provided by this chapter .
Sec. 51. Section 123.141, Code 2016, is amended to read as
follows:
123.141 Keeping liquor where beer is sold.
No alcoholic liquor for beverage purposes shall be used,
or kept for any purpose in the place of business of class “B”
beer permittees, or on the premises of such class “B” beer
permittees, at any time. A violation of any provision of
this section shall be grounds for suspension or revocation
of the beer permit pursuant to section 123.50, subsection
3 . This section shall not apply in any manner or in any way
to the premises of any hotel or motel for which a class “B”
beer permit has been issued, other than that part of such
premises regularly used by the hotel or motel for the principal
purpose of selling beer or food to the general public; or to
drug stores regularly and continuously employing a registered
pharmacist, from having alcohol in stock for medicinal and
compounding purposes.
Sec. 52. Section 123.142, Code 2016, is amended to read as
follows:
123.142 Unlawful sale and importation.
1. It is unlawful for the holder of a class “B” or class
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“C” beer permit issued under this chapter to sell beer, except
beer brewed on the premises covered by a special class “A”
or special class “AA” beer permit or beer purchased from a
person holding a class “A” or class “AA” beer permit issued in
accordance with this chapter , and on which the tax provided in
section 123.136 has been paid. However, this section does not
apply to class “D” liquor control licensees as provided in this
chapter .
2. It shall be unlawful for any person not holding a class
“A” or class “AA” beer permit to import beer into this state
for the purpose of sale or resale.
Sec. 53. Section 123.143, subsection 3, Code 2016, is
amended to read as follows:
3. Barrel tax revenues collected on beer manufactured in
this state from a class “A” or class “AA” beer permittee which
owns and operates a brewery located in Iowa shall be credited
to the barrel tax fund hereby created in the office of the
treasurer of state. Moneys deposited in the barrel tax fund
shall not revert to the general fund of the state without a
specific appropriation by the general assembly. Moneys in the
barrel tax fund are appropriated to the economic development
authority for purposes of section 15E.117 .
Sec. 54. Section 123.144, subsection 1, Code 2016, is
amended to read as follows:
1. No person shall bottle beer within the state of Iowa,
except class “A”, special class “A”, class “AA”, and special
class “AA” beer permittees who have complete equipment for
bottling beer and who have received the approval of the local
board of health as to sanitation. It shall be the duty of local
boards of health to inspect the premises and equipment of class
“A”, special class “A”, class “AA”, and special class “AA” beer
permittees who desire to bottle beer.
Sec. 55. Section 135.175, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. A health care workforce support initiative is established
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to provide for the coordination and support of various efforts
to address the health care workforce shortage in this state.
This initiative shall include the medical residency training
state matching grants program created in section 135.176 ,
the nurse residency state matching grants program created in
section 135.178 , and the fulfilling Iowa’s need for dentists
matching grant program created in section 135.179 , the health
care professional incentive payment program and Iowa needs
nurses now initiative created in sections 261.128 and 261.129 ,
the safety net provider recruitment and retention initiatives
program created in section 135.153A , health care workforce
shortage national initiatives, and the physician assistant
mental health fellowship program created in section 135.177 .
Sec. 56. Section 135.175, subsection 6, paragraphs a and c,
Code 2016, are amended to read as follows:
a. Moneys in the fund and the accounts in the fund
shall only be appropriated in a manner consistent with the
principles specified and the strategic plan developed pursuant
to sections 135.163 and 135.164 to support the medical
residency training state matching grants program, the nurse
residency state matching grants program, the fulfilling Iowa’s
need for dentists matching grant program, the health care
professional incentive payment program, the Iowa needs nurses
now initiative, the safety net recruitment and retention
initiatives program, for national health care workforce
shortage initiatives, for the physician assistant mental health
fellowship program, for the purposes of the Iowa needs nurses
now infrastructure account, and to provide funding for state
health care workforce shortage programs as provided in this
section .
c. State appropriations to the fund shall be allocated in
equal amounts to each of the accounts within the fund, unless
otherwise specified in the appropriation or allocation. Any
federal funding received for the purposes of addressing state
health care workforce shortages shall be deposited in the
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health care workforce shortage national initiatives account,
unless otherwise specified by the source of the funds, and
shall be used as required by the source of the funds. If
use of the federal funding is not designated, twenty-five
percent of such funding shall be deposited in the safety net
provider network workforce shortage account to be used for the
purposes of the account and the remainder of the funds shall
be used in accordance with the strategic plan developed by the
department of public health in accordance with sections 135.163
and 135.164 , or to address workforce shortages as otherwise
designated by the department of public health. Other sources
of funding shall be deposited in the fund or account and used
as specified by the source of the funding.
Sec. 57. Section 135.176, subsection 2, paragraph a,
subparagraph (1), Code 2016, is amended to read as follows:
(1) A sponsor shall demonstrate that funds have been
budgeted and will be expended by the sponsor in the amount
required to provide matching funds for each residency position
proposed in the request for state matching funds.
Sec. 58. Section 135.185, subsection 1, paragraph b, Code
2016, is amended to read as follows:
b. “Facility” means a food establishment as defined in
section 137F.1 , a carnival as defined in section 88A.1 , a
recreational camp, a youth sports facility, or a sports area
arena .
Sec. 59. Section 135C.42, subsection 3, Code 2016, is
amended to read as follows:
3. The department shall hold the An informal conference, as
required in this section , shall be held concurrently with any
informal dispute resolution held pursuant to 42 C.F.R. §488.331
for those health care facilities certified under Medicare or
the medical assistance program.
Sec. 60. Section 144D.1, subsection 9, Code 2016, is amended
to read as follows:
9. “Patient” means an individual who is frail and elderly
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or who has a chronic, critical medical condition or a terminal
illness and for which a physician orders for scope of treatment
form is consistent with the individual’s goals of care.
Sec. 61. Section 153.33, Code 2016, is amended to read as
follows:
153.33 Powers of board.
1. Subject to the provisions of this chapter , any provision
of this subtitle to the contrary notwithstanding, the board
shall exercise the following powers:
1. a. (1) To initiate investigations of and conduct
hearings on all matters or complaints relating to the practice
of dentistry, dental hygiene, or dental assisting or pertaining
to the enforcement of any provision of this chapter , to provide
for mediation of disputes between licensees or registrants and
their patients when specifically recommended by the board, to
revoke or suspend licenses or registrations, or the renewal
thereof, issued under this or any prior chapter, to provide for
restitution to patients, and to otherwise discipline licensees
and registrants.
b. (2) Subsequent to an investigation by the board, the
board may appoint a disinterested third party to mediate
disputes between licensees or registrants and patients.
Referral of a matter to mediation shall not preclude the board
from taking disciplinary action against the affected licensee
or registrant.
2. b. To appoint investigators, who shall not be members
of the board, to administer and aid in the enforcement of
the provisions of law relating to those persons licensed to
practice dentistry and dental hygiene, and persons registered
as dental assistants. The amount of compensation for the
investigators shall be determined pursuant to chapter 8A,
subchapter IV . Investigators authorized by the board have the
powers and status of peace officers when enforcing this chapter
and chapters 147 and 272C .
3. All employees needed to administer this chapter except
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the executive director shall be appointed pursuant to the merit
system. The executive director shall serve at the pleasure of
the board and shall be exempt from the merit system provisions
of chapter 8A, subchapter IV.
4. c. To initiate in its own name or cause to be initiated
in a proper court appropriate civil proceedings against any
person to enforce the provisions of this chapter or this
subtitle relating to the practice of dentistry, and the board
may have the benefit of counsel in connection therewith. Any
such judicial proceeding as may be initiated by the board shall
be commenced and prosecuted in the same manner as any other
civil action and injunctive relief may be granted therein
without proof of actual damage sustained by any person but such
injunctive relief shall not relieve the person so enjoined from
criminal prosecution by the attorney general or county attorney
for violation of any provision of this chapter or this subtitle
relating to the practice of dentistry.
d. To adopt rules regarding infection control in dental
practice which are consistent with standards of the federal
Occupational Safety and Health Act of 1970, 29 U.S.C. §651 –
678, and recommendations of the centers for disease control.
e. To promulgate rules as may be necessary to implement the
provisions of this chapter.
2. All employees needed to administer this chapter except
the executive director shall be appointed pursuant to the merit
system. The executive director shall serve at the pleasure of
the board and shall be exempt from the merit system provisions
of chapter 8A, subchapter IV.
5. 3. In any investigation made or hearing conducted by the
board on its own motion, or upon written complaint filed with
the board by any person, pertaining to any alleged violation
of this chapter or the accusation against any licensee or
registrant, the following procedure and rules so far as
material to such investigation or hearing shall obtain:
a. The accusation of such person against any licensee
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or registrant shall be reduced to writing, verified by some
person familiar with the facts therein stated, and three copies
thereof filed with the board.
b. If the board shall deem the charges sufficient, if true,
to warrant suspension or revocation of license or registration,
it shall make an order fixing the time and place for hearing
thereon and requiring the licensee or registrant to appear
and answer thereto, such order, together with a copy of the
charges so made to be served upon the accused at least twenty
days before the date fixed for hearing, either personally or
by certified or registered mail, sent to the licensee’s or
registrant’s last known post office address as shown by the
records of the board.
c. At the time and place fixed in said notice for said
hearing, or at any time and place to which the said hearing
shall be adjourned, the board shall hear the matter and
may take evidence, administer oaths, take the deposition of
witnesses, including the person accused, in the manner provided
by law in civil cases, compel the appearance of witnesses
before it in person the same as in civil cases by subpoena
issued over the signature of the chairperson of the board
and in the name of the state of Iowa, require answers to
interrogatories and compel the production of books, papers,
accounts, documents and testimony pertaining to the matter
under investigation or relating to the hearing.
d. In all such investigations and hearings pertaining to
the suspension or revocation of licenses or registrations, the
board and any person affected thereby may have the benefit of
counsel, and upon the request of the licensee or registrant or
the licensee’s or registrant’s counsel the board shall issue
subpoenas for the attendance of such witnesses in behalf of the
licensee or registrant, which subpoenas when issued shall be
delivered to the licensee or registrant or the licensee’s or
registrant’s counsel. Such subpoenas for the attendance of
witnesses shall be effective if served upon the person named
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therein anywhere within this state, provided, that at the time
of such service the fees now or hereafter provided by law for
witnesses in civil cases in district court shall be paid or
tendered to such person.
e. In case of disobedience of a subpoena lawfully served
hereunder, the board or any party to such hearing aggrieved
thereby may invoke the aid of the district court in the county
where such hearing is being conducted to require the attendance
and testimony of such witnesses. Such district court of the
county within which the hearing is being conducted may, in
case of contumacy or refusal to obey such subpoena, issue an
order requiring such person to appear before said board, and if
so ordered give evidence touching the matter involved in the
hearing. Any failure to obey such order of the court may be
punished by such court as a contempt thereof.
f. If the licensee or registrant pleads guilty, or after
hearing shall be found guilty by the board of any of the
charges made, it may suspend for a limited period or revoke
the license or registration, and the last renewal thereof, and
shall enter the order on its records and notify the accused
of the revocation or suspension of the person’s license or
registration, as the case may be, who shall thereupon forthwith
surrender that license or registration to the board. Any such
person whose license or registration has been so revoked or
suspended shall not thereafter and while such revocation or
suspension is in force and effect practice dentistry, dental
hygiene, or dental assisting within this state.
g. The findings of fact made by the board acting within
its power shall, in the absence of fraud, be conclusive, but
the district court shall have power to review questions of law
involved in any final decision or determination of the board;
provided, that application is made by the aggrieved party
within thirty days after such determination by certiorari,
mandamus or such other method of review or appeal permitted
under the laws of this state, and to make such further orders
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in respect thereto as justice may require.
h. Pending the review and final disposition thereof by the
district court, the action of the board suspending or revoking
such license or registration shall not be stayed.
6. To adopt rules regarding infection control in dental
practice which are consistent with standards of the federal
Occupational Safety and Health Act of 1970, 29 U.S.C. §651 –
678, and recommendations of the centers for disease control.
7. 4. An inspector may be appointed by the dental board
pursuant to the provisions of chapter 8A, subchapter IV .
8. To promulgate rules as may be necessary to implement the
provisions of this chapter .
Sec. 62. Section 192.110, subsection 1, Code 2016, is
amended to read as follows:
1. The person has a pasteurized milk and milk products
sanitation compliance rating of ninety percent or more as
calculated according to the rating system as contained in
rules adopted by the department incorporating or incorporating
by reference the federal publications entitled “Procedures
Governing the Cooperative State-Public Health Service/Food
and Drug Administration Program for Certification of the
National Conference on Interstate Milk Shipments” and “Methods
of Making Sanitation Ratings of Milk Shippers”. A copy of
each publication shall be on file with the department or in
the office of the person subject to an inspection contract as
provided in section 192.108 .
Sec. 63. Section 192.118, subsection 1, Code 2016, is
amended to read as follows:
1. To insure ensure uniformity in the tests and reporting,
an employee certified by the United States public health
service of the bacteriological laboratory of the department
shall annually certify, in accordance with rules adopted by
the department incorporating or incorporating by reference the
federal publication entitled “Evaluation of Milk Laboratories”,
all laboratories doing work in the sanitary quality of
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milk and dairy products for public report. The approval by
the department shall be based on the evaluation of these
laboratories as to personnel training, laboratory methods
used, and reporting. The results on tests made by approved
laboratories shall be reported to the department on request,
on forms prescribed by the secretary of agriculture, and such
reports may be used by the department.
Sec. 64. Section 206.2, subsection 24, Code 2016, is amended
by striking the subsection.
Sec. 65. Section 218.95, subsection 1, paragraph h, Code
2016, is amended by striking the paragraph.
Sec. 66. Section 222.6, Code 2016, is amended to read as
follows:
222.6 State districts.
The administrator shall divide the state into two districts
in such manner that one of the resource centers shall be
located within each of the districts. Such districts may
from time to time be changed. After such districts have been
established, the administrator shall notify all boards of
supervisors, regional administrators of the mental health and
disability services regions , and clerks of the district courts
of the action. Thereafter, unless the administrator otherwise
orders, all admissions of persons with an intellectual
disability from a district shall be to the resource center
located within such district.
Sec. 67. Section 222.12, subsection 2, Code 2016, is amended
to read as follows:
2. Notice of the death of the patient, and the cause
of death, shall be sent to the regional administrator of
the mental health and disability services region of for the
patient’s county of residence. The fact of death with the
time, place, and alleged cause shall be entered upon the docket
of the court.
Sec. 68. Section 225.10, unnumbered paragraph 1, Code 2016,
is amended to read as follows:
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Persons suffering from mental diseases may be admitted to
the state psychiatric hospital as voluntary public patients
if a physician authorized to practice medicine or osteopathic
medicine in the state of Iowa files information with the
regional administrator of for the person’s county of residence,
stating all of the following:
Sec. 69. Section 225.13, Code 2016, is amended to read as
follows:
225.13 Financial condition.
The regional administrator of for the county of residence
of a person being admitted to the state psychiatric hospital
is responsible for investigating the financial condition of
the person and of those legally responsible for the person’s
support.
Sec. 70. Section 225.15, subsection 2, Code 2016, is amended
to read as follows:
2. A proper and competent nurse shall also be assigned to
look after and care for the respondent during observation,
treatment, and care. Observation, treatment, and hospital
care under this section which are payable in whole or in part
by a county shall only be provided as determined through the
regional administrator of for the respondent’s county of
residence.
Sec. 71. Section 225.17, subsection 2, Code 2016, is amended
to read as follows:
2. When the respondent arrives at the hospital, the
respondent shall receive the same treatment as is provided for
committed public patients in section 225.15 , in compliance with
sections 229.13 to 229.16 . However, observation, treatment,
and hospital care under this section of a respondent whose
expenses are payable in whole or in part by a county shall only
be provided as determined through the regional administrator of
for the respondent’s county of residence.
Sec. 72. Section 225C.14, subsection 1, Code 2016, is
amended to read as follows:
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1. Except in cases of medical emergency, a person shall be
admitted to a state mental health institute as an inpatient
only after a preliminary diagnostic evaluation performed
through the regional administrator of for the person’s county
of residence has confirmed that the admission is appropriate
to the person’s mental health needs, and that no suitable
alternative method of providing the needed services in a less
restrictive setting or in or nearer to the person’s home
community is currently available. If provided for through the
regional administrator, the evaluation may be performed by a
community mental health center or by an alternative diagnostic
facility. The policy established by this section shall be
implemented in the manner and to the extent prescribed by
sections 225C.15 , 225C.16 , and 225C.17 .
Sec. 73. Section 225C.16, subsection 2, Code 2016, is
amended to read as follows:
2. The clerk of the district court in that county shall
refer a person applying for authorization for voluntary
admission, or for authorization for voluntary admission of
another person, in accordance with section 229.42 , to the
regional administrator of for the person’s county of residence
under section 225C.14 for the preliminary diagnostic evaluation
unless the applicant furnishes a written statement from the
appropriate entity which indicates that the evaluation has been
performed and that the person’s admission to a state mental
health institute is appropriate. This subsection does not
apply when authorization for voluntary admission is sought
under circumstances which, in the opinion of the chief medical
officer or that officer’s physician designee, constitute a
medical emergency.
Sec. 74. Section 225C.19A, Code 2016, is amended to read as
follows:
225C.19A Crisis stabilization programs.
The department shall accredit, certify, or apply standards
of review to authorize the operation of crisis stabilization
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programs , including crisis stabilization programs operating
in a psychiatric medical institution for children pursuant
to chapter 135H that provide children with mental health,
substance abuse, and co-occurring mental health and substance
abuse services. In authorizing the operation of a crisis
stabilization program, the department shall apply the
relevant requirements for an emergency mental health crisis
services provider and system under section 225C.19 . A program
authorized to operate under this section is not required to
be licensed under chapter 135B , 135C , or 135G , or 135H, or
certified under chapter 231C . The commission shall adopt
rules to implement this section . The department shall accept
accreditation of a crisis stabilization program by a national
accrediting organization in lieu of applying the rules adopted
in accordance with this section to the program.
Sec. 75. Section 226.9C, subsection 2, paragraph c, Code
2016, is amended to read as follows:
c. (1) Prior to an individual’s admission for dual
diagnosis treatment, the individual shall have been
prescreened. The person performing the prescreening shall be
either the mental health professional, as defined in section
228.1 , who is contracting with the regional administrator for
the county’s mental health and disability services region to
provide the prescreening or a mental health professional with
the requisite qualifications. A mental health professional
with the requisite qualifications shall meet all of the
following qualifications: is
(a) Is a mental health professional as defined in section
228.1 , is .
(b) Is an alcohol and drug counselor certified by the
nongovernmental Iowa board of substance abuse certification ,
and is .
(c) Is employed by or providing services for a facility, as
defined in section 125.2 .
(2) Prior to an individual’s admission for dual diagnosis
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treatment, the individual shall have been screened through a
county’s the regional administrator for the county to determine
the appropriateness of the treatment.
Sec. 76. Section 227.1, subsection 2, Code 2016, is amended
to read as follows:
2. The regulatory requirements for county and private
institutions where persons with mental illness or an
intellectual disability are admitted, committed, or placed
shall be under the supervision of administered by the
administrator.
Sec. 77. Section 228.1, subsection 6, paragraph b, Code
2016, is amended to read as follows:
b. The individual holds a current Iowa license if
practicing in a field covered by an Iowa licensure law and is
a psychiatrist, an advanced registered nurse practitioner who
holds a national certification in psychiatric mental health
care and is licensed by the board of nursing, a physician
assistant practicing under the supervision of a psychiatrist,
or an individual who holds a doctorate degree in psychology and
is licensed by the board of psychology.
Sec. 78. Section 229.13, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. The court shall order a respondent whose expenses are
payable in whole or in part by a mental health and disability
services region placed under the care of an appropriate
hospital or facility designated through the county’s regional
administrator for the county on an inpatient or outpatient
basis.
Sec. 79. Section 229.14, subsection 2, paragraph a, Code
2016, is amended to read as follows:
a. For a respondent whose expenses are payable in whole
or in part by a mental health and disability services region,
placement as designated through the county’s regional
administrator for the county in the care of an appropriate
hospital or facility on an inpatient or outpatient basis, or
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other appropriate treatment, or in an appropriate alternative
placement.
Sec. 80. Section 229.14A, subsections 7 and 9, Code 2016,
are amended to read as follows:
7. If a respondent’s expenses are payable in whole or in
part by a mental health and disability services region through
the county’s regional administrator for the county , notice of
a placement hearing shall be provided to the county attorney
and the regional administrator. At the hearing, the county may
present evidence regarding appropriate placement.
9. A placement made pursuant to an order entered under
section 229.13 or 229.14 or this section shall be considered
to be authorized through the county’s regional administrator
for the county .
Sec. 81. Section 230.1, subsection 3, Code 2016, is amended
to read as follows:
3. A mental health and disability services region or county
of residence is not liable for costs and expenses associated
with a person with mental illness unless the costs and expenses
are for services and other support authorized for the person
through the county’s regional administrator for the county .
For the purposes of this chapter , “regional administrator” means
the same as defined in section 331.388 .
Sec. 82. Section 230.3, Code 2016, is amended to read as
follows:
230.3 Certification of residence.
If a person’s county of residence is determined by the
county’s regional administrator for a county to be in another
county of this state, the regional administrator making
the determination shall certify the determination to the
superintendent of the hospital to which the person is admitted
or committed. The certification shall be accompanied by a copy
of the evidence supporting the determination. Upon receiving
the certification, the superintendent shall charge the expenses
already incurred and unadjusted, and all future expenses of
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the person, to the regional administrator of for the county
determined to be the county of residence.
Sec. 83. Section 232.2, subsection 4, paragraph f,
subparagraph (3), Code 2016, is amended to read as follows:
(3) The transition plan shall be developed and reviewed
by the department in collaboration with a child-centered
transition team. The transition team shall be comprised of
the child’s caseworker and persons selected by the child,
persons who have knowledge of services available to the child,
and any person who may reasonably be expected to be a service
provider for the child when the child becomes an adult or to
become responsible for the costs of services at that time.
If the child is reasonably likely to need or be eligible for
adult services, the transition team membership shall include
representatives from the adult services system. The adult
services system representatives may include but are not limited
to the administrator of county general relief under chapter 251
or 252 or the regional administrator of the county county’s
mental health and disability services region, as defined in
section 331.388 . The membership of the transition team and
the meeting dates for the team shall be documented in the
transition plan.
Sec. 84. Section 234.6, Code 2016, is amended to read as
follows:
234.6 Powers and duties of the administrator.
1. The administrator shall be vested with the authority to
administer the family investment program, state supplementary
assistance, food programs, child welfare, and emergency relief,
family and adult service programs, and any other form of public
welfare assistance and institutions that are placed under
the administrator’s administration. The administrator shall
perform duties, formulate and adopt rules as may be necessary;
shall outline policies, dictate procedure, and delegate
such powers as may be necessary for competent and efficient
administration. Subject to restrictions that may be imposed
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by the director of human services and the council on human
services, the administrator may abolish, alter, consolidate,
or establish subdivisions and may abolish or change offices
previously created. The administrator may employ necessary
personnel and fix their compensation; may allocate or
reallocate functions and duties among any subdivisions now
existing or later established; and may adopt rules relating
to the employment of personnel and the allocation of their
functions and duties among the various subdivisions as
competent and efficient administration may require. The
administrator shall:
1. a. Cooperate with the social security administration
created by the Social Security Act and codified at 42 U.S.C.
§901, or other agency of the federal government for public
welfare assistance, in such reasonable manner as may be
necessary to qualify for federal aid, including the making of
such reports in such form and containing such information as
the social security administration, from time to time, may
require, and to comply with such regulations as such social
security administration, from time to time, may find necessary
to assure the correctness and verification of such reports.
2. b. Furnish information to acquaint the public generally
with the operation of the Acts under the jurisdiction of the
administrator.
3. c. With the approval of the director of human services,
the governor, the director of the department of management,
and the director of the department of administrative services,
set up from the funds under the administrator’s control and
management an administrative fund and from the administrative
fund pay the expenses of operating the division.
4. d. Notwithstanding any provisions to the contrary
in chapter 239B relating to the consideration of income and
resources of claimants for assistance, the administrator, with
the consent and approval of the director of human services and
the council on human services, shall make such rules as may be
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necessary to qualify for federal aid in the assistance programs
administered by the administrator.
5. The department of human services shall have the power
and authority to use the funds available to it, to purchase
services of all kinds from public or private agencies to
provide for the needs of children, including but not limited to
psychiatric services, supervision, specialized group, foster
homes and institutional care.
6. e. Have authority to use funds available to the
department, subject to any limitations placed on the use
thereof by the legislation appropriating the funds, to provide
to or purchase, for families and individuals eligible therefor,
services including but not limited to the following:
a. (1) Child care for children or adult day services,
in facilities which are licensed or are approved as meeting
standards for licensure.
b. (2) Foster care, including foster family care, group
homes and institutions.
c. (3) Family-centered services, as defined in section
232.102, subsection 10 , paragraph “b” .
d. (4) Family planning.
e. (5) Protective services.
f. (6) Services or support provided to a child with an
intellectual disability or other developmental disability or
to the child’s family.
g. (7) Transportation services.
h. (8) Any services, not otherwise enumerated in this
subsection paragraph “e” , authorized by or pursuant to the
United States Social Security Act of 1934, as amended.
7. f. Administer the food programs authorized by federal
law, and recommend rules necessary in the administration of
those programs to the director for promulgation pursuant to
chapter 17A .
8. g. Provide consulting and technical services to the
director of the department of education, or the director’s
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designee, upon request, relating to prekindergarten,
kindergarten, and before and after school programming and
facilities.
9. h. Recommend rules for their adoption by the council on
human services for before and after school child care programs,
conducted within and by or contracted for by school districts,
that are appropriate for the ages of the children who receive
services under the programs.
2. The department of human services shall have the power
and authority to use the funds available to it, to purchase
services of all kinds from public or private agencies to
provide for the needs of children, including but not limited to
psychiatric services, supervision, specialized group, foster
homes, and institutional care.
10. 3. In determining the reimbursement rate for services
purchased by the department of human services from a person
or agency, the department shall not include private moneys
contributed to the person or agency unless the moneys are
contributed for services provided to a specific individual.
Sec. 85. Section 249K.2, subsection 3, Code 2016, is amended
to read as follows:
3. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
as defined in section 135.154 135D.2 .
Sec. 86. Section 257.42, Code 2016, is amended to read as
follows:
257.42 Gifted and talented children.
1. Boards of school districts, individually or jointly
with the boards of other school districts, shall annually
submit program plans for gifted and talented children programs
and budget costs to the department of education and to the
applicable gifted and talented children advisory council, if
an advisory council has been established, as provided in this
chapter .
2. The parent or guardian of a pupil may request that a
gifted and talented children program be established for pupils
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who qualify as gifted and talented children under section
257.44 , including demonstrated achievement or potential ability
in a single subject area.
3. The department of education shall employ one full-time
qualified staff member or consultant for gifted and talented
children programs.
4. The department of education shall adopt rules under
chapter 17A relating to the administration of this section
and sections 257.42 257.43 through 257.49 . The rules shall
prescribe the format of program plans submitted under section
257.43 and shall require that programs fulfill specified
objectives. The department shall encourage and assist school
districts to provide programs for gifted and talented children.
5. The department of education may request that the staff
of the auditor of state conduct an independent program audit
to verify that the gifted and talented programs conform to a
district’s program plans.
Sec. 87. Section 261.113, subsections 2 and 7, Code 2016,
are amended to read as follows:
2. Eligibility. An individual is eligible to apply to enter
into a program agreement with the commission if the individual
is enrolled full-time in and receives a recommendation
from the state university of Iowa college of medicine or
Des Moines university —— osteopathic medical center in a
curriculum leading to a doctor of medicine degree or a doctor
of osteopathy osteopathic medicine degree.
7. Rules for additional loan repayment. The commission
shall adopt rules to provide, in addition to loan repayment
provided to eligible students pursuant to this section and
subject to the availability of surplus funds, loan repayment
to a physician who received a doctor of medicine or osteopathy
doctor of osteopathic medicine degree from an eligible
university as provided in subsection 2 , obtained a license
to practice medicine and surgery or osteopathic medicine and
surgery in this state, completed the physician’s residency
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program requirement with an Iowa-based residency program, and
is engaged in the full-time practice of medicine and surgery
or osteopathic medicine and surgery as specified in subsection
3 , paragraph “d” .
Sec. 88. Section 261.113, subsection 3, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
A program agreement shall be entered into by an eligible
student and the commission during the eligible student’s final
year of study leading to a doctor of medicine or osteopathy
doctor of osteopathic medicine degree. Under the agreement, to
receive loan repayments pursuant to subsection 5 , an eligible
student shall agree to and shall fulfill all of the following
requirements:
Sec. 89. Section 261.113, subsection 3, paragraph a, Code
2016, is amended to read as follows:
a. Receive a doctor of medicine or osteopathy doctor of
osteopathic medicine degree from an eligible university and
apply for, enter, and complete a residency program approved by
the commission.
Sec. 90. Section 261G.4, subsection 2, Code 2016, is amended
to read as follows:
2. Notwithstanding any other provision of law to the
contrary, a participating resident institution shall be
required to register under chapter 261B or to comply with the
registration and disclosure requirements of chapter 261 or 261B
or section 714.17, subsections 2 and 3 , or sections 714.18 ,
714.20 , 714.21 , and 714.23 , or section 714.24, subsections 1,
2, 3, 4, and 5 , or section 714.25 , if the provisions of the
interstate reciprocity agreement require such registration or
compliance.
Sec. 91. Section 275.1, subsection 3, Code 2016, is amended
to read as follows:
3. If a district is attached, division of assets and
liabilities shall be made as provided in sections 275.29 to
through 275.31 . The area education agency boards shall develop
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detailed studies and surveys of the school districts within
the area education agency and all adjacent territory for the
purpose of providing for reorganization of school districts in
order to effect more economical operation and the attainment
of higher standards of education in the schools. The plans
shall be revised periodically to reflect reorganizations which
may have taken place in the area education agency and adjacent
territory.
Sec. 92. Section 275.28, Code 2016, is amended to read as
follows:
275.28 Plan of division of assets and liabilities.
In addition to setting up the territory to comprise the
reorganized districts, a reorganization petition shall provide
for a division of assets and liabilities of the districts
affected among the reorganized districts. However, if
territory is excluded from the reorganized district by the
petition or by the area education agency board of directors,
the division of all assets and liabilities shall be made under
the provisions of sections 275.29 to through 275.31 .
Sec. 93. Section 307.24, subsection 5, unnumbered paragraph
1, Code 2016, is amended to read as follows:
Construct, reconstruct, improve, and maintain state
institutional roads and state park roads which are part of the
state park, state institution, and other state land road system
as defined in section 306.3 , and bridges on such roads, roads
located on state fairgrounds as defined described in chapter
173 , and the roads and bridges located on property of community
colleges as defined in section 260C.2 , upon the request of the
state board, department, or commission which has jurisdiction
over such roads. This shall be done in such manner as may be
agreed upon by the state transportation commission and the
state board, department, or commission which has jurisdiction.
The commission may contract with any county or municipality for
the construction, reconstruction, improvement, or maintenance
of such roads and bridges. Any state park road which is an
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extension of either a primary or secondary highway which both
enters and exits from a state park at separate points shall
be constructed, reconstructed, improved, and maintained as
provided in section 306.4 . Funds allocated from the road
use tax fund for the purposes of this subsection shall be
apportioned in the following manner and amounts:
Sec. 94. Section 307.46, subsection 2, Code 2016, is amended
to read as follows:
2. On or before June 30 of the fiscal year following the
fiscal year in which funds were encumbered under this section ,
the department shall report to the joint transportation,
infrastructure, and capitals appropriations subcommittee, the
legislative services agency, the department of management, the
general assembly’s standing committees on government oversight,
and the legislative fiscal and oversight committees committee
of the legislative council detailing how the moneys were
expended. Moneys shall not be encumbered under this section
from an appropriation which received a transfer from another
appropriation pursuant to section 8.39 .
Sec. 95. Section 307A.2, subsection 4, Code 2016, is amended
to read as follows:
4. The Adopt rules pursuant to chapter 17A establishing the
criteria to be used by the commission for allocating funds as a
result of any long-range planning process shall be adopted in
accordance with the provisions of chapter 17A . The commission
shall adopt such rules and regulations in accordance with the
provisions of chapter 17A as it may deem necessary to transact
its business and for the administration and exercise of its
powers and duties.
Sec. 96. Section 310.28, Code 2016, is amended to read as
follows:
310.28 Engineering and other expense.
1. Engineering, inspection and administration expense in
connection with any farm-to-market road project may be paid
from said the county’s allotment of the farm-to-market road
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fund. Any such expense incurred by the department may in the
first instance be advanced out of the primary road fund, said
and such expense amounts later being shall later be reimbursed
to said funds the primary road fund out of the farm-to-market
road fund.
2. Provided, that no No part of the salary or expense of the
county engineer, any member of the county board of supervisors,
any member of the department, the chief engineer, or any
department head or district engineer of the department shall be
paid out of the farm-to-market road fund.
Sec. 97. Section 313.2, subsection 3, Code 2016, is amended
to read as follows:
3. The department may, for the purpose of affording access
to cities or state parks, or for the purpose of shortening
the direct line of travel on important routes, or to effect
connections with interstate roads at the state line, add such
road or roads to the primary road system.
Sec. 98. Section 313.12, Code 2016, is amended to read as
follows:
313.12 Supervision and inspection.
The department is expressly charged with the duty of
supervision, inspection and direction of the work of
construction of primary roads on behalf of the state, and
of supervising the expenditure of all funds paid on account
of such work by the state or the county on the primary road
system and it shall do and perform all other matters and
things necessary to the faithful completion of the work herein
authorized.
Sec. 99. Section 313.64, Code 2016, is amended to read as
follows:
313.64 Financial statement annually.
1. If the department accepts the offer of any bridge over a
boundary stream and enters into a written agreement in relation
to the bridge as provided in sections 313.59 to through 313.63 ,
this section , and section 313.65 , the owner or operator of the
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bridge shall thereafter and until all indebtedness or other
obligations against the bridge have been paid and discharged
annually file with the department a sworn statement of its
financial condition. The statement shall show funds on
hand and indebtedness at the beginning and end of the year,
receipts, disbursements, indebtedness retired during the year
and any other information required by the department to show
the true and complete condition of the finances with respect to
the bridge and bridge approaches.
2. The annual budget of authorized operating and other
expenditures for or on behalf of such bridge and approaches
shall be approved by the department before becoming effective.
Expenditures during the year shall not exceed the approved
budget unless an increase in the annual budget be likewise
approved by the department.
Sec. 100. Section 313.65, unnumbered paragraph 1, Code
2016, is amended to read as follows:
Before any bridge owned by any individual or private
corporation shall be accepted by the department under the
provisions of sections 313.59 to through 313.64 , the proposal
and acceptance shall first be approved by the following
tax levying and tax certifying bodies located in the tax
district:
Sec. 101. Section 321.1, subsections 1A and 20A, Code 2016,
are amended to read as follows:
1A. “Air bag” or “airbag” means a motor vehicle inflatable
occupant restraint system that operates in the event of a crash
and is designed in accordance with federal motor vehicle safety
standards for the specific make, model, and year of the motor
vehicle in which it is or will be installed. “Air bag” includes
all component parts to a motor vehicle inflatable occupant
restraint system, including but not limited to the cover,
sensors, controllers, inflators, wiring, and seat belt systems.
20A. “Driver’s license” means any license or permit issued
to a person to operate a motor vehicle on the highways of this
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state, including but not limited to a temporary restricted or
temporary license and an instruction, chauffeur’s instruction,
commercial learner’s permit , or temporary permit. For purposes
of license suspension, revocation, bar, disqualification,
cancellation, or denial under this chapter and chapters 321A ,
321C , and 321J , “driver’s license” includes any privilege to
operate a motor vehicle.
Sec. 102. Section 321.12, subsection 1, Code 2016, is
amended to read as follows:
1. The director may destroy any records of the department
which have been maintained on file for three years and which
the director deems obsolete and of no further service in
carrying out the powers and duties of the department, except as
otherwise provided in this section .
Sec. 103. Section 321.69, subsection 10, paragraph a, Code
2016, is amended to read as follows:
a. A person shall not sell, lease, or trade a motor vehicle
if the person knows or reasonably should know that the motor
vehicle contains a nonoperative airbag air bag that is part
of an inflatable restraint system, or that the motor vehicle
has had an airbag air bag removed and not replaced, unless
the person clearly discloses, in writing, to the person to
whom the person is selling, leasing, or trading the vehicle,
prior to the sale, lease, or trade, that the airbag air bag
is missing or nonoperative. In addition, a lessee who has
executed a lease as defined in section 321F.1 shall provide the
disclosure statement required in this subsection to the lessor
upon termination of the lease.
Sec. 104. Section 321G.1, subsection 10, Code 2016, is
amended by striking the subsection.
Sec. 105. Section 321H.2, subsection 4, Code 2016, is
amended to read as follows:
4. “National motor vehicle title information system” means
the federally mandated motor vehicle title history database
established pursuant to 49 U.S.C. §30502 and maintained by the
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United States department of justice that links the states’
motor vehicle title records, including the department’s title
records, and that requires the reporting of junk and salvage
motor vehicles in order to ensure that states, law enforcement
agencies, insurers, and consumers have access to information
that enables the verification of a vehicle’s history, and the
accuracy and legality of a motor vehicle’s title, before a
purchase or title transfer occurs.
Sec. 106. Section 321I.1, subsection 11, Code 2016, is
amended by striking the subsection.
Sec. 107. Section 321M.1, subsections 2, 4, and 8, Code
2016, are amended to read as follows:
2. “County issuance” means the system or process of issuing
driver’s licenses, nonoperator nonoperator’s identification
cards, and persons with disabilities identification devices,
including all related testing, to the same extent that such
items are issued by the department.
4. “Digitized photolicensing equipment” means the machines
and related materials, obtained pursuant to contract, the use
of which results in the on-site production of driver’s licenses
and nonoperator nonoperator’s identification cards.
8. “Nonoperator “Nonoperator’s identification card” means
the card issued pursuant to section 321.190 that contains
information pertaining to the personal characteristics of the
applicant but does not convey to the person issued the card any
operating privileges for any motor vehicle.
Sec. 108. Section 321M.2, Code 2016, is amended to read as
follows:
321M.2 Relation to other laws.
Notwithstanding provisions of chapter 321 or 321L that grant
sole authority to the department for the issuance of driver’s
licenses, nonoperator nonoperator’s identification cards, and
persons with disabilities identification devices, certain
counties shall be authorized to issue driver’s licenses,
nonoperator nonoperator’s identification cards, and persons
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with disabilities identification devices, according to the
requirements of this chapter .
Sec. 109. Section 321M.3, Code 2016, is amended to read as
follows:
321M.3 Authorization to issue licenses.
Adair, Adams, Allamakee, Appanoose, Audubon, Benton,
Boone, Bremer, Buchanan, Buena Vista, Butler, Calhoun,
Cass, Cedar, Cherokee, Chickasaw, Clarke, Clayton, Crawford,
Dallas, Davis, Decatur, Delaware, Dickinson, Emmet, Fayette,
Floyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton,
Hancock, Hardin, Harrison, Henry, Howard, Humboldt, Ida,
Iowa, Jackson, Jasper, Jefferson, Jones, Keokuk, Kossuth,
Lee, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Mills,
Mitchell, Monona, Monroe, Montgomery, O’Brien, Osceola,
Page, Palo Alto, Plymouth, Pocahontas, Poweshiek, Ringgold,
Sac, Shelby, Sioux, Tama, Taylor, Union, Van Buren, Warren,
Washington, Wayne, Winnebago, Winneshiek, Worth, and Wright
counties shall be authorized to issue driver’s licenses,
nonoperator nonoperator’s identification cards, and persons
with disabilities identification devices on a permanent basis,
provided that such counties continue to meet the department’s
standards for issuance.
Sec. 110. Section 321M.4, Code 2016, is amended to read as
follows:
321M.4 Termination of authorization —— failure to meet
standards.
1. If a county is subject to termination of its county
issuance authorization for failure to meet the department’s
standards for issuance, the county shall not issue driver’s
licenses, nonoperator nonoperator’s identification cards, or
persons with disabilities identification devices until the
county has been reauthorized by the department.
2. The department is not obligated to provide service
in a county for issuance of driver’s licenses, nonoperator
nonoperator’s identification cards, or persons with
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disabilities identification devices if the county fails to meet
the department’s standards for issuance.
Sec. 111. Section 327G.32, subsection 2, paragraph a, Code
2016, is amended to read as follows:
a. An officer or employee of a railroad corporation
violating a provision of this section is, upon conviction,
subject to the a schedule “two” penalty provided in under
section 327G.14 327C.5 .
Sec. 112. Section 331.557A, subsections 1 and 3, Code 2016,
are amended to read as follows:
1. Issue, renew, and replace lost or damaged nonoperator
nonoperator’s identification cards and driver’s licenses,
including commercial driver’s licenses, according to the
provisions of chapter 321M .
3. Collect fees associated with nonoperator nonoperator’s
identification cards and driver’s licenses, including
commercial driver’s licenses, and pay to the state amounts in
excess of the amount the treasurer is permitted to retain for
deposit in the county general fund for license issuance.
Sec. 113. Section 331.802, subsection 3, paragraph a, Code
2016, is amended to read as follows:
a. Violent death, including homicidal homicide , suicidal
suicide , or accidental death.
Sec. 114. Section 331.910, subsection 4, paragraphs a, b,
and e, Code 2016, are amended to read as follows:
a. A person who is detained, committed, or placed on an
involuntary basis under section 125.75 or 229.6 may be civilly
committed and treated in another state pursuant to a contract
under this section subsection .
b. A person who is detained, committed, or placed on
an involuntary basis under the civil commitment laws of a
bordering state substantially similar to section 125.75 or
229.6 may be civilly committed and treated in this state
pursuant to a contract under this section subsection .
e. A person who is detained, committed, or placed under the
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laws of a sending state and who is transferred to a receiving
state under this section subsection shall be considered to
be in the legal custody of the authority responsible for the
person under the laws of the sending state with respect to the
involuntary civil commitment of the person due to a mental
illness or a substance-related disorder.
Sec. 115. Section 426B.3, subsection 5, Code 2016, is
amended by striking the subsection.
Sec. 116. Section 428.35, subsection 1, Code 2016, is
amended to read as follows:
1. Definitions. “Person” as used herein means individuals,
corporations, firms and associations of whatever form.
“Handling or handled” as used herein means the receiving of
grain at or in each elevator, warehouse, mill, processing plant
or other facility in this state in which it is received for
storage, accumulation, sale, processing or for any purpose
whatsoever. As used in this section:
a. “Grain” as used herein means wheat, corn, barley,
oats, rye, flaxseed, field peas, soybeans, grain sorghums,
spelts, and such other products as are usually stored in
grain elevators. Such term excludes such seeds after being
processed, and the products of such processing when packaged or
sacked. The term “processing”
b. “Handling or handled” means the receiving of grain at or
in each elevator, warehouse, mill, processing plant, or other
facility in this state in which it is received for storage,
accumulation, sale, processing, or for any purpose whatsoever.
c. “Person” means individuals, corporations, firms, and
associations of whatever form.
d. “Processing” shall not include hulling, cleaning, drying,
grading , or polishing.
Sec. 117. Section 434.22, Code 2016, is amended to read as
follows:
434.22 Levy and collection of tax.
At the first meeting of the board of supervisors held after
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said the statement of the department of revenue under section
434.17 is received by the county auditor, the board shall cause
the same to be entered on its minute book, and make and enter in
the minute book an order stating the length of the main track
and the assessed value of each railway lying in each city,
township, or lesser taxing district in its county, through or
into which the railway extends, as fixed by the department
of revenue, which shall constitute the taxable value of the
property for taxing purposes; and the taxes on the property,
when collected by the county treasurer, shall be disposed of as
other taxes. The county auditor shall transmit a copy of the
order to the council or trustees of the city or township.
Sec. 118. Section 437.10, Code 2016, is amended to read as
follows:
437.10 Entry of certificate.
At the first meeting of the board of supervisors held
after said the statements of the department of revenue under
section 437.9 are received by the county auditor, the board
shall cause such statement to be entered in its minute book
and make and enter in the minute book an order stating the
length of the lines and the assessed value of the property
of each of the companies situated in each township or lesser
taxing district in each county outside cities, as fixed by the
department of revenue, which shall constitute the taxable value
of the property for taxing purposes. The county auditor shall
transmit a copy of the order to the trustees of each township
and to the proper taxing boards in lesser taxing districts
into which the line or lines of the company extend in the
county. The taxes on the property when collected by the county
treasurer shall be disposed of as other taxes on real estate.
Sec. 119. Section 438.15, Code 2016, is amended to read as
follows:
438.15 Assessed value in each taxing district —— record.
At the first meeting of the board of supervisors held after
said the statement of the department of revenue under section
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438.14 is received by the county auditor, the board shall
cause the same to be entered on its minute book, and make and
enter in the minute book an order describing and stating the
assessed value of each pipeline lying in each city, township,
or lesser taxing district in its county, through or into which
the pipeline extends, as fixed by the department of revenue,
which shall constitute the assessed value of the property for
taxing purposes; and the taxes on the property, when collected
by the county treasurer, shall be disposed of as other taxes.
The county auditor shall transmit a copy of the order to the
council of the city, or the trustees of the township, as the
case may be.
Sec. 120. Section 440.6, Code 2016, is amended to read as
follows:
440.6 Fraudulent withholding —— penalty.
In case the property has been fraudulently withheld from
assessment, the department of revenue may, in addition to said
the ten percent penalty under section 440.5, add any additional
percent, not exceeding fifty percent.
Sec. 121. Section 441.21, subsection 7, Code 2016, is
amended to read as follows:
7. a. For the purpose of computing the debt limitations for
municipalities, political subdivisions and school districts,
the term “actual value” means the “actual value” as determined
by subsections 1 to through 3 of this section without
application of any percentage reduction and entered opposite
each item, and as listed on the tax list as provided in section
443.2 as “actual value”.
b. Whenever any board of review or other tribunal changes
the assessed value of property, all applicable records of
assessment shall be adjusted to reflect such change in both
assessed value and actual value of such property.
Sec. 122. Section 445.60, Code 2016, is amended to read as
follows:
445.60 Refunding erroneous tax.
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The board of supervisors shall direct the county treasurer
to refund to the taxpayer any tax or portion of a tax found to
have been erroneously or illegally paid, with all interest,
fees, and costs actually paid. A refund shall not be ordered
or made unless a claim for refund is presented to the board
within two years of the date the tax was due, or if appealed to
the board of review, the property assessment appeal board, the
state board of tax review, or district court, within two years
of the final decision.
Sec. 123. Section 453A.45, subsection 1, paragraph b, Code
2016, is amended to read as follows:
b. When a licensed distributor sells tobacco products
exclusively to the ultimate consumer at the address given
in the license, an invoice of those sales is not required,
but itemized invoices shall be made of all tobacco products
transferred to other retail outlets owned or controlled by that
licensed distributor. All books, records and other papers
and documents required by this subdivision subsection to be
kept shall be preserved for a period of at least three years
after the date of the documents or the date of the entries
appearing in the records, unless the director, in writing,
authorized their destruction or disposal at an earlier date.
At any time during usual business hours, the director, or the
director’s duly authorized agents or employees, may enter any
place of business of a distributor, without a search warrant,
and inspect the premises, the records required to be kept under
this subdivision subsection , and the tobacco products contained
therein, to determine if all the provisions of this division
are being fully complied with. If the director, or any such
agent or employee, is denied free access or is hindered or
interfered with in making the examination, the license of the
distributor at that premises is subject to revocation by the
director.
Sec. 124. Section 455B.216, Code 2016, is amended to read
as follows:
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455B.216 Examinations.
The director shall hold at least one examination each year
for the purpose of examining candidates for certification at
a time and place designated by the director. Any written
examination may be given by the department. All examinations
in theory shall be in writing and the identity of the person
taking the examination shall be concealed until after the
examination papers have been graded. For examinations in
practice, the identity of the person taking the examination
shall also be concealed as far as possible. Those applicants
whose competency is acceptable shall be recommended for
certification. Applicants who fail the examination shall
be allowed to take the examination at the next scheduled
time. Thereafter, the applicant shall be allowed to take
the examination at the discretion of the board director . An
applicant who has failed the examination may request in writing
information from the department concerning the applicant’s
examination grade and subject areas or questions which the
applicant failed to answer correctly, except that if the
director administers a uniform, standardized examination, the
director is only required to provide the examination grade and
the other information concerning the applicant’s examination
results which is available to the department.
Sec. 125. Section 456A.15, Code 2016, is amended to read as
follows:
456A.15 Removal.
The appointees and employees aforesaid persons appointed or
employed as provided under sections 456A.13 and 456A.14 may
be removed by the said director at any time subject to the
approval of the commission.
Sec. 126. Section 456A.38, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. “Agricultural land” , “authority” , “beginning farmer” , and
“farming” mean the same as defined in section 16.58 .
Sec. 127. Section 456A.38, subsection 1, Code 2016, is
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amended by adding the following new paragraph:
NEW PARAGRAPH . 0b. “Authority” means the same as defined in
section 16.1.
Sec. 128. Section 459A.103, subsection 8, Code 2016, is
amended to read as follows:
8. The regulation of effluent under this chapter shall be
construed as also regulating effluent and solids.
Sec. 129. Section 459A.206, subsection 2, paragraph c,
subparagraph (2), Code 2016, is amended to read as follows:
(2) At locations that reflect the continuous soil profile
conditions existing within the area of the proposed basin
or unformed structure, including conditions found near the
corners and the deepest point of the proposed basin or unformed
structure . The soil corings shall be taken to a minimum depth
of ten feet below the bottom elevation of the basin or unformed
structure .
Sec. 130. Section 459A.404, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. An animal truck wash effluent structure shall not
be constructed , including expanded, or expanded within one
thousand two hundred fifty feet from a residence not owned by
the titleholder of the animal truck wash facility, a commercial
enterprise, a bona fide religious institution, an educational
institution, or a public use area, as those terms are defined
in section 459.102 , and as provided in rules adopted by
the commission pursuant to section sections 459.103 , and as
provided in rules adopted by the commission pursuant to section
and 459A.104 .
Sec. 131. Section 459A.404, subsection 3, paragraph a, Code
2016, is amended to read as follows:
a. An animal truck wash effluent structure shall not be
constructed , including or expanded , on land that is part of
a one hundred year floodplain as designated by rules adopted
by the commission pursuant to section 459A.104 . The rules
shall correspond to rules adopted pursuant to section 459.310,
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subsections 2 and 4 .
Sec. 132. Section 461A.36, Code 2016, is amended to read as
follows:
461A.36 Speed limit.
The maximum speed limit of all vehicles on state park and
preserve drives, roads , and highways shall be thirty-five
miles per hour. All driving shall be confined to designated
roadways. Whenever the commission shall determine determines
that the a thirty-five mile per hour speed limit hereinbefore
set forth is greater than is reasonable or safe under the
conditions found to exist at any place of congestion or upon
any part of the park roads, drives , or highways, said the
commission shall determine and declare a reasonable and safe
speed limit thereat , which shall be effective when appropriate
signs giving notice thereof of the changed speed limit are
erected at such the places of congestion or other parts of the
park roads, drives , or highways.
Sec. 133. Section 468.149, Code 2016, is amended to read as
follows:
468.149 Obstructing or damaging.
1. Any A person or persons willfully diverting,
obstructing, impeding, or filling up is guilty of a serious
misdemeanor if , without legal authority, the person willfully
does any of the following:
a. Diverts, obstructs, impedes, or fills up any ditch,
drain, or watercourse or breaking .
b. Breaks down or injuring injures any levee or the bank of
any settling basin, established, constructed, and maintained
under any provision of law , or obstructing, or engaging .
c. Obstructs or engages in travel or agricultural practices
upon the improvement or rights-of-way of a levee or drainage
district which the governing body thereof has, by resolution,
determined to be injurious to such improvement or to interfere
with its proper preservation, operation , or maintenance, and
has prohibited , shall be deemed guilty of a serious misdemeanor
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and any such .
2. Any unlawful act as above described in subsection 1 is
hereby declared to be a nuisance and may be abated as such .
3. Said A governing body shall also have the power to repair
any ditch, drain , or watercourse, or any levee or bank of any
settling basin , damaged by any person or persons in violation
of the a resolution of said the governing body, after three
days’ notice to such person or persons to make such repair , in .
In the event that there is a failure to do so make the repair ,
and the expense thereof of the repair shall be assessed to such
the person or persons and shall be certified and collected in
the same manner as other taxes.
Sec. 134. Section 468.207, Code 2016, is amended to read as
follows:
468.207 Form of notice.
1. Such The notice under section 468.206 shall be captioned
in the name of the district and shall be directed to the all of
the following:
a. The owners of each tract or lot within said the levee
or drainage district, including railroad companies having
rights-of-way , and lienholders and encumbrancers , and to all .
b. The owners, lienholders , or encumbrancers of lands which
an adoption of the plan would exclude from benefits and .
c. The owners, lienholders, or encumbrancers of lands
outside the district which will benefit therefrom and to all
other persons whom it may concern and, without from the plan.
d. Without naming them, to the occupants of all lands
affected and .
e. All other persons whom the plan may concern.
2. The notice shall set forth that all of the following:
a. That there is on file in the office of the auditor a
plan of construction of the federal agency (naming it) agency,
naming the agency , together with reports of an engineer thereon
on the plan , which the board has tentatively approved , and that
such .
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b. That the plan may be amended before final action ; also
the .
c. The day and hour set for hearing on the adoption of said
the plan , and that .
d. That all claims for damages, except claims for land
required for right-of-way or construction, and all objections
to the adoption of said the plan for any reason must be made in
writing and filed in the office of the auditor at or before the
time set for hearing.
3. Provisions of this subchapter, parts 1 through 5 ,
for giving notice, waiver of notice, waiver of objection and
damages and adjournment for service contained in sections
468.15 through 468.20 shall apply.
Sec. 135. Section 468.209, Code 2016, is amended to read as
follows:
468.209 Entry of order —— effect.
1. If the board, after consideration of the subject matter,
including all objections filed to the adoption of the plan and
all claims for damages, shall find that the district will be
benefited by adoption of the plan or the purposes for which the
district was established is furthered by the plan, they the
board shall enter an order approving and adopting the final
plan. The order shall have the effect of:
1. a. Altering the boundaries of the district to conform to
the changes effected by the plan adopted.
2. b. Canceling all existing awards for damages for
property not appropriated for right-of-way or construction and
rendered unnecessary by the plan so adopted.
3. c. Canceling all awards previously made for damages
other than for right-of-way or construction but reinstating the
claims for such damages which said claims may be amended by the
claimants within ten days thereafter.
4. d. Canceling all unpaid assessments for benefits on
lands excluded from the district by adoption of the plan. The
assessments so canceled shall become part of the costs of the
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improvement.
5. e. Establishing as benefited thereby the lands added to
the district by adoption of the plan and rendering same subject
to classification and assessment.
6. 2. Whenever a plan has been adopted as contemplated
by this section , modification and changes can be made therein
without further notice or hearing, provided the same do not
increase or decrease the estimated cost of the plan to the
district by more than twenty-five percent.
Sec. 136. Section 468.375, Code 2016, is amended to read as
follows:
468.375 Scope of Act Refunding bonds .
Refunding bonds for the purposes set out in this part may
be issued to pay off and take up bonds issued in payment for
drainage improvements under prior laws or to refund any part
thereof. Bonds thus issued shall substantially conform to the
provisions of the law relating to drainage bonds and the face
amount thereof shall be limited to the amount of the unpaid
assessments, with interest thereon, applicable to the payment
of the bonds so taken up.
Sec. 137. Section 468.540, Code 2016, is amended to read as
follows:
468.540 Refunding bonds.
The board of supervisors of any county may extend the time of
the payment of any of its outstanding drainage bonds issued in
anticipation of the collection of drainage assessments levied
upon property within a drainage district, and may extend the
time of payment of any unpaid assessment, or any installment
or installments thereof. The board may renew or extend the
time of payment of such legal bonded indebtedness, or any part
thereof, for account of such drainage district, and may refund
the same and issue drainage refunding bonds therefor subject to
the limitation and in the manner hereinafter provided in this
part .
Sec. 138. Section 481A.91, Code 2016, is amended to read as
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follows:
481A.91 Shooting or spearing.
No A person shall not kill with shotgun, or spear any a
beaver, mink, otter, or muskrat , or have in possession any
of said animals with a shotgun or spear. A person shall not
possess a beaver, mink, otter, or muskrat or the carcasses,
skins , or parts thereof of any one of those animals that have
been killed with a shotgun or spear.
Sec. 139. Section 484B.5, Code 2016, is amended to read as
follows:
484B.5 Boundaries signed —— fenced.
Upon receipt of a hunting preserve operator’s license,
the licensee shall promptly sign the licensed property with
signs prescribed by the department. A licensee holding and
releasing ungulates shall construct and maintain boundary
fences prescribed by the department so as to enclose and
contain all released ungulates and exclude all ungulates which
are property of the state from becoming a part of the hunting
preserve enterprise.
Sec. 140. Section 490.1320, subsections 1 and 3, Code 2016,
are amended to read as follows:
1. Where any proposed corporate action specified in section
490.1302, subsection 1 , is to be submitted to a vote at a
shareholders’ meeting, the meeting notice must state that the
corporation has concluded that the shareholders are, are not,
or may be entitled to assert appraisal rights under this part
division . If the corporation concludes that appraisal rights
are or may be available, a copy of this part division must
accompany the meeting notice sent to those record shareholders
entitled to exercise appraisal rights.
3. Where any corporate action specified in section
490.1302, subsection 1 , is to be approved by written consent
of the shareholders pursuant to section 490.704 , all of the
following apply:
a. Written notice that appraisal rights are, are not, or may
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be available must be sent to each record shareholder from whom
a consent is solicited at the time consent of such shareholder
is first solicited and, if the corporation has concluded that
appraisal rights are or may be available, must be accompanied
by a copy of this chapter division .
b. Written notice that appraisal rights are, are not, or
may be available must be delivered together with the notice to
nonconsenting and nonvoting shareholders required by section
490.704, subsections 5 and 6 , may include the materials
described in section 490.1322 and, if the corporation has
concluded that appraisal rights are or may be available, must
be accompanied by a copy of this chapter division .
Sec. 141. Section 499B.2, unnumbered paragraph 1, Code
2016, is amended to read as follows:
Unless it is plainly evident from the context that a
different meaning is intended, as used herein in this chapter :
Sec. 142. Section 504.834, subsection 2, paragraph c, Code
2016, is amended to read as follows:
c. Advances pursuant to part 5 of this subchapter .
Sec. 143. Section 505.32, subsection 2, paragraph g, Code
2016, is amended by striking the paragraph.
Sec. 144. Section 505.32, subsection 3, paragraph a, Code
2016, is amended to read as follows:
a. The commissioner , in collaboration with the legislative
health care coverage commission, shall develop a plan of
operation for the exchange within one hundred eighty days
from the effective date of this section July 1, 2010 . The
plan shall create an information clearinghouse that provides
resources where Iowans can obtain information about health care
coverage that is available in the state.
Sec. 145. Section 505.32, subsection 4, paragraph a, Code
2016, is amended by striking the paragraph.
Sec. 146. Section 507B.4, subsection 3, paragraph b,
subparagraph (3), Code 2016, is amended to read as follows:
(3) Statement of capital and surplus.
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(a) In the case of a foreign company transacting the
business of casualty insurance in the state, or an officer,
producer, or representative of such a company, issuing or
publishing an advertisement, public announcement, sign,
circular, or card that purports to disclose the company’s
financial standing and fails to exhibit the following : the
(i) The capital actually paid in cash, and the amount of net
surplus of assets over all the company’s liabilities actually
held and available for the payment of losses by fire and for
the protection of holders of fire policies ; and the
(ii) The amount of net surplus of assets over all
liabilities in the United States actually available for the
payment of losses by fire and held in the United States for the
protection of holders of fire policies in the United States,
including in such liabilities the fund reserved for reinsurance
of outstanding risks.
(b) The amounts stated for capital and net surplus shall
correspond with the latest verified statement made by the
company or association to the commissioner of insurance.
Sec. 147. Section 507B.4C, subsection 5, paragraph b, Code
2016, is amended to read as follows:
b. Exempting an insurer from the death master file
comparisons required under subsection 3 , paragraph “a” ,
or permitting an insurer to perform such comparisons less
frequently than semiannually , upon a demonstration of financial
hardship by the insurer.
Sec. 148. Section 511.31, Code 2016, is amended to read as
follows:
511.31 Physician’s certificate —— estoppel.
In any case where the medical examiner, or physician acting
as such, of any life insurance company or association doing
business in the state shall issue a certificate of health or
declare the applicant a fit subject for insurance, or so report
to the company or association or its agent under the rules and
regulations of such the company or association, it the company
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or association shall be thereby estopped from setting up in
defense of the action on such the policy or certificate that
the assured was not in the condition of health required by the
policy at the time of the issuance or delivery thereof of the
policy or certificate , unless the same policy or certificate
was procured by or through the fraud or deceit of the assured.
Sec. 149. Section 515.48, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. Insure dwelling houses, stores and all kinds of
buildings and household furniture, and other property against
direct or indirect or consequential loss or damage, including
loss of use or occupancy and the depreciation of property
lost or damaged by fire, smoke, smudge, lightning and other
electrical disturbances, collision, falls, wind, tornado,
cyclone, volcanic eruptions, earthquake, hail, frost, snow,
sleet, ice, weather or climatic conditions, including excess
or deficiency of moisture, flood, rain, or drought, rising
of the waters of the ocean or its tributaries, bombardment
invasion, insurrection, riot, strikes, labor disturbances,
sabotage, civil war or commotion, military or usurped power,
any order of a civil authority made to prevent the spread of a
conflagration, epidemic or catastrophe, vandalism or malicious
mischief, and by explosion whether fire ensues or not, except
explosion on risks specified in subsection 6 of this section ,
provided, however, that there may be insured hereunder the
following:
(1) Explosion of pressure vessels (not , not including steam
boilers of more than fifteen pounds pressure) pressure, in
buildings designed and used solely for residential purposes by
not more than four families;
(2) Explosion of any kind originating outside of the insured
building or outside of the building containing the property
insured; and
(3) Explosion of pressure vessels which do not contain steam
or which are not operated with steam coils or steam jackets;
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and also against loss
(04) Loss or damage by insects or disease to farm crops or
products, and loss of rental value of land used in producing
such crops or products; and against accidental
(004) Accidental injury to sprinklers, pumps, water pipes,
elevator tanks and cylinders, steam pipes and radiators,
plumbing and its fixtures, ventilating, refrigerating, heating,
lighting or cooking apparatus, or their connections, or
conduits or containers of any gas, fluid or other substance;
and against loss
(0004) Loss or damage to property of the insured caused
by the breakage or leakage thereof; or by water, hail, rain,
sleet , or snow seeping or entering through water pipes, leaks ,
or openings in buildings; and against loss
(00004) Loss of and damage to glass, including lettering and
ornamentation thereon, and against loss or damage caused by the
breakage of glass; and against loss
(000004) Loss or damage caused by railroad equipment, motor
vehicles, airplanes, seaplanes, dirigibles , or other aircraft.
(4) Risks under a multiple peril nonassessable policy
reasonably related to the ownership, use or occupancy of a
private dwelling or dwellings.
Sec. 150. Section 517.3, subsection 1, paragraph a, Code
2016, is amended to read as follows:
a. All unallocated liability loss expense payments made in
a given calendar year subsequent to the first four years in
which an insurer has been issuing liability policies shall be
distributed as follows:
(1) Thirty-five percent shall be charged to the policies
written in that year.
(2) Forty percent to the policies written in the preceding
year.
(3) Ten percent to the policies written in the second year
preceding , ten .
(4) Ten percent to the policies written in the third year
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preceding.
(4) (5) Five percent to the policies written in the fourth
year preceding.
Sec. 151. Section 519A.1, Code 2016, is amended to read as
follows:
519A.1 Intent.
1. The general assembly finds that a critical situation
exists because of the high cost and impending unavailability
of medical malpractice insurance. The purposes of sections
519A.2 to through 519A.13 are to assure that the public is
adequately protected against losses arising out of medical
malpractice by providing licensed health care providers with
medical malpractice insurance through the requirement that
certain liability insurance carriers write medical malpractice
insurance for a period of two years upon a finding of an
emergency by the commissioner of insurance that either such
insurance is not available through normal channels or that
it is not available on a reasonable basis because of lack of
competition for such insurance, or otherwise; to establish an
association to equitably spread the risks for such insurance;
and to provide for recoupment of losses resulting from the
operation of the association through a stabilization reserve
fund contributed to by insureds, a surcharge on future
liability insurance policies, or a favorable premium tax
treatment.
2. It is the intent of this chapter to provide only an
interim solution to the impending unavailability of medical
malpractice insurance. It is not anticipated that this chapter
will resolve the underlying causes of the unavailability and
high cost which extend beyond the insurance mechanism. It is
anticipated that future legislation will be required to deal
on a more permanent basis with the underlying causes of the
current situation.
Sec. 152. Section 519A.2, subsection 1, Code 2016, is
amended to read as follows:
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1. “Association” means the joint underwriting association
established pursuant to this section and sections 519A.3 to
through 519A.13 .
Sec. 153. Section 519A.3, subsection 4, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
The association shall, subject to the terms and conditions
of sections section 519A.2 to , this section, and sections
519A.4 through 519A.13 , have and exercise the following powers
on behalf of its members:
Sec. 154. Section 519A.4, subsection 1, Code 2016, is
amended to read as follows:
1. a. The association shall submit a plan of operation
to the commissioner, together with any amendments necessary
or suitable to assure the fair, reasonable, and equitable
administration of the association consistent with sections
519A.2 to , 519A.3, this section, and sections 519A.5 through
519A.13 . The plan of operation and any amendments thereto
shall become effective only after promulgation of the plan or
amendment by the commissioner as a rule pursuant to section
17A.4 : Provided that the initial plan may in the discretion of
the commissioner become effective immediately upon filing with
the secretary of state pursuant to section 17A.5, subsection 2 ,
paragraph “b”, subparagraph (1), subparagraph division (a).
b. If the association fails to submit a suitable plan of
operation within twenty-five days following the effective date
of this chapter or if at any time thereafter the association
fails to submit suitable amendments to the plan, the
commissioner shall adopt rules necessary to effectuate sections
519A.2 to , 519A.3, this section, and sections 519A.5 through
519A.13 . Such rules shall continue in force until modified
by the commissioner or superseded by a plan submitted by the
association and approved by the commissioner.
Sec. 155. Section 519A.5, subsections 1 and 2, Code 2016,
are amended to read as follows:
1. The rates, rating plans, rating classifications, and
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policy forms and endorsements applicable to insurance written
by the association and the statistical and experience data
relating thereto shall be subject to sections 519A.2 to through
519A.4, this section, and sections 519A.6 through 519A.13 and
to the provisions of the general insurance code which are not
inconsistent with the purposes and provisions of this chapter .
2. All policies issued by the association shall provide for
a continuous period of coverage beginning with their respective
effective dates. All policies shall terminate at 12:01 a.m.
two years from the date of finding of an emergency by the
commissioner, or earlier in accordance with sections 519A.2
through 519A.4, this section, and sections 519A.6 through
519A.13 ; or because of failure of the policyholder to pay any
premium or stabilization reserve fund charge or portion of
either when due. All policies shall be issued subject to the
group retrospective rating plan and the stabilization reserve
fund authorized by this chapter . No policy form shall be used
by the association unless it has been filed with and approved
by the commissioner.
Sec. 156. Section 519A.10, subsection 2, Code 2016, is
amended to read as follows:
2. All orders of the commissioner made pursuant to sections
519A.2 to through 519A.9, this section, and sections 519A.11
through 519A.13 shall be subject to judicial review as provided
in the Iowa administrative procedure Act, chapter 17A .
Sec. 157. Section 519A.13, Code 2016, is amended to read as
follows:
519A.13 Privileged communications.
There shall be no liability on the part of, and no cause
of action of any nature shall arise against the association,
the commissioner, or any other person or organization, for any
statements made in good faith by any of them in any report or
communication concerning risks insured or to be insured by the
association, or during any proceedings within the scope of
sections 519A.2 to through 519A.12 and this section .
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Sec. 158. Section 521A.5, subsection 4, paragraph d, Code
2016, is amended to read as follows:
d. The board of directors of a domestic insurer shall
establish one or more committees comprised solely of directors
or other persons appointed by the board, the majority of whom
are not officers or employees of the insurer or of any entity
controlling, controlled by, or under common control with the
insurer and who are not beneficial owners of a controlling
interest in the voting stock of the insurer or any such entity.
The committee or committees shall have responsibility for
recommending or nominating candidates for director for election
by shareholders or policyholders, evaluating the performance
of officers deemed to be principal officers of the insurer,
and recommending to the board of directors the selection and
compensation of the principal officers.
Sec. 159. Section 523A.207, subsection 1, Code 2016, is
amended to read as follows:
1. A purchase agreement shall not be sold or transferred,
as part of the sale of a business or the assets of a business,
until an audit has been performed by a certified public
accountant and filed with the commissioner that expresses the
auditor’s opinion of the adequacy of funding related to the
purchase agreements to be sold or transferred. If the buyer
of a purchase agreement sold or transferred as part of the
sale of a business or the assets of a business, fails to file
such an audit, the commissioner shall suspend the preneed
seller’s license of the buyer and the preneed sales license of
any sales agent in the employ of the buyer until the audit is
filed. In addition, the commissioner shall assess a penalty
against the buyer in an amount up to one hundred dollars for
each day that the audit remains unfiled. The commissioner
shall allow a thirty-day grace period after the date that a
purchase agreement is sold or transferred before suspension of
a license or assessment of a penalty for failure to file an
audit pursuant to this section subsection .
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Sec. 160. Section 523A.807, subsection 3, unnumbered
paragraph 1, Code 2016, is amended to read as follows:
If the commissioner finds that a person has violated section
523A.201 , 523A.202 , 523A.203 , 523A.207 , 523A.401 , 523A.402 ,
523A.403 , 523A.404 , 523A.405 , 523A.501 , or 523A.502 , or any
rule adopted pursuant thereto, the commissioner may order any
or all of the following:
Sec. 161. Section 554.11109, Code 2016, is amended to read
as follows:
554.11109 Effect of official comments.
To the extent that they are consistent with the Iowa
statutory text, the 1972 Official Comments to the 1972 Official
Text of the Uniform Commercial Code are evidence of legislative
intent as to the meaning of this chapter as amended by 1974
Iowa Acts, ch. 1249 . However, prior drafts of the Official
Text and Comments may not be used to ascertain legislative
intent.
Sec. 162. Section 558.44, Code 2016, is amended to read as
follows:
558.44 Mandatory recordation of conveyances and leases of
agricultural land.
1. As used in this section, unless the context otherwise
requires:
a. “Agricultural land” means agricultural land as defined in
section 9H.1.
b. “Beneficial ownership” includes interests held by a
nonresident alien individual directly or indirectly holding or
acquiring a ten percent or greater share in the partnership,
limited partnership, corporation, or trust, or directly or
indirectly through two or more such entities. In addition,
“beneficial ownership” shall include interests held by all
nonresident alien individuals if the nonresident alien
individuals in the aggregate directly or indirectly hold or
acquire twenty-five percent or more of the partnership, limited
partnership, corporation, or trust.
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c. “Conveyance” means all deeds and all contracts for the
conveyance of an estate in real property except those contracts
to be fulfilled within six months from the date of execution
thereof.
d. “Nonresident alien” means:
(1) An individual who is not a citizen of the United States
and who is not domiciled in the United States.
(2) A corporation incorporated under the law of any foreign
country.
(3) A corporation organized in the United States,
beneficial ownership of which is held, directly or indirectly,
by nonresident alien individuals.
(4) A trust organized in the United States or elsewhere
if beneficial ownership is held, directly or indirectly, by
nonresident alien individuals.
(5) A partnership or limited partnership organized in the
United States or elsewhere if beneficial ownership is held,
directly or indirectly, by nonresident alien individuals.
1. 2. Every conveyance or lease of agricultural land,
except leases not to exceed five years in duration with
renewals, conveyances or leases made by operation of law, and
distributions made from estates to heirs or devisees shall be
recorded by the grantee or lessee with the county recorder not
later than one hundred eighty days after the date of conveyance
or lease.
2. 3. For an instrument of conveyance of agricultural land
deposited with an escrow agent, the fact of deposit of that
instrument of conveyance with the escrow agent as well as the
name and address of the grantor and grantee shall be recorded,
by a document executed by the escrow agent, with the county
recorder not later than one hundred eighty days from the date
of the deposit with the escrow agent. For an instrument of
conveyance of agricultural land delivered by an escrow agent,
that instrument shall be recorded with the county recorder not
later than one hundred eighty days from the date of delivery of
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the instrument of conveyance by the escrow agent.
3. 4. At the time of recordation of the conveyance or
lease of agricultural land, except a lease not exceeding five
years in duration with renewals, conveyances or leases made
by operation of law and distributions made from estates of
decedents to heirs or devisees, to a nonresident alien as
grantee or lessee, such conveyance or lease shall disclose,
in an affidavit to be recorded therewith as a precondition
to recordation, the name, address, and citizenship of the
nonresident alien. In addition, if the nonresident alien is
a partnership, limited partnership, corporation, or trust,
the affidavit shall also disclose the names, addresses, and
citizenship of the nonresident alien individuals who are the
beneficial owners of such entities. However, any partnership,
limited partnership, corporation, or trust which has a class of
equity securities registered with the United States securities
and exchange commission under section 12 of the Securities
Exchange Act of 1934 as amended to January 1, 1978, need only
state that fact on the affidavit.
4. 5. Failure to record a conveyance or lease of
agricultural land required to be recorded by this section
by the grantee or lessee within the specified time limit is
punishable by a fine not to exceed one hundred dollars per
day for each day of violation. The county recorder shall
record a conveyance or lease of agricultural land presented
for recording even though not presented within one hundred
eighty days after the date of conveyance or lease. The county
recorder shall forward to the county attorney a copy of each
such conveyance or lease of agricultural land recorded more
than one hundred eighty days from the date of conveyance. The
county attorney shall initiate action in the district court
to enforce the provisions of this section . Failure to timely
record shall not invalidate an otherwise valid conveyance or
lease.
5. 6. If a real estate contract or lease is required to
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be recorded under this section , the requirement is satisfied
by recording either the entire real estate contract or lease
or a memorandum of the contract or lease containing at least
the names and addresses of all parties named in the contract or
lease, a description of all real property and interests therein
subject to the contract or lease, the length of the contract
or initial term of the lease, and in the case of a lease a
statement as to whether any of the named parties have or are
subject to renewal rights, and if so, the event or condition
upon which renewal occurs, the number of renewal terms and the
length of each, and in the case of a real estate contract a
statement as to whether the seller is entitled to the remedy
of forfeiture and as to the dates upon which payments are due.
This subsection is effective July 1, 1980, for all contracts
and leases of agricultural land made on or after July 1, 1980.
6. 7. The provisions of this section , except as otherwise
provided, are effective July 1, 1979, for all conveyances and
leases of agricultural land made on or after July 1, 1979.
Sec. 163. Section 598.7, subsection 1, Code 2016, is amended
to read as follows:
1. The district court may, on its own motion or on the
motion of any party, order the parties to participate in
mediation in any dissolution of marriage action or other
domestic relations action. Mediation performed under this
section shall comply with the provisions of chapter 679C .
The provisions of this section shall not apply if the action
involves a child support or medical support obligation enforced
by the child support recovery unit. The provisions of this
section shall not apply to actions which involve elder abuse as
defined in section 235F.1 pursuant to chapter 235F or domestic
abuse pursuant to chapter 236 . The provisions of this section
shall not affect a judicial district’s or court’s authority
to order settlement conferences pursuant to rules of civil
procedure. The court shall, on application of a party, grant a
waiver from any court-ordered mediation under this section if
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the party demonstrates that a history of domestic abuse exists
as specified in section 598.41, subsection 3 , paragraph “j” .
Sec. 164. Section 602.8108, subsection 2, Code 2016, is
amended to read as follows:
2. Except as otherwise provided, the clerk of the district
court shall report and submit to the state court administrator,
not later than the fifteenth day of each month, the fines and
fees received during the preceding calendar month. Except as
otherwise provided in subsections 3, 4, 6, 8, 9, 10, 11, and 12
this section , the state court administrator shall deposit the
amounts received with the treasurer of state for deposit in the
general fund of the state. The state court administrator shall
report to the legislative services agency within thirty days
of the beginning of each fiscal quarter the amount received
during the previous quarter in the account established under
this section .
Sec. 165. Section 622.28, Code 2016, is amended to read as
follows:
622.28 Writing or record —— when admissible —— absence of
record —— effect.
1. Any writing or record, whether in the form of an entry
in a book, or otherwise, including electronic means and
interpretations thereof, offered as memoranda or records of
acts, conditions or events to prove the facts stated therein,
shall be admissible as evidence if the judge finds that they
were made in the regular course of a business at or about the
time of the act, condition or event recorded, and that the
sources of information from which made and the method and
circumstances of their preparation were such as to indicate
their trustworthiness, and if the judge finds that they are not
excludable as evidence because of any rule of admissibility of
evidence other than the hearsay rule.
2. Evidence of the absence of a memorandum or record from
the memoranda or records of a business of an asserted act,
event or condition, shall be admissible as evidence to prove
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the nonoccurrence of the act or event, or the nonexistence of
the condition, if the judge finds that it was in the regular
course of that business to make such memoranda of all such
acts, events or conditions at the time thereof or within a
reasonable time thereafter, and to preserve them.
3. The term business “business” , as used in this section ,
includes a business, profession, occupation, and or calling of
every kind.
Sec. 166. Section 622.71, Code 2016, is amended to read as
follows:
622.71 Peace officer.
No A peace officer who receives a regular salary, or any
other public official shall, in any case, official, shall not
receive fees as a witness in any case for testifying in regard
to any matter coming to the officer’s or official’s knowledge
in the discharge of the officer’s or official’s official duties
in such that case in a court in the county of the officer’s
or official’s residence, except police peace officers who are
called as witnesses when not on duty.
Sec. 167. Section 626.51, Code 2016, is amended to read as
follows:
626.51 Failure to give notice —— effect.
Failure to give such notice of ownership or exemption shall
not deprive the party of any other remedy.
Sec. 168. Section 626.52, Code 2016, is amended to read as
follows:
626.52 Right to release levy.
If after levy the officer receives such notice of ownership
or exemption , such officer may release the property unless a
bond is given as provided in section 626.54 .
Sec. 169. Section 626.53, Code 2016, is amended to read as
follows:
626.53 Exemption from liability.
The officer shall be protected from all liability by reason
of such levy until the officer receives such written notice of
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ownership or exemption .
Sec. 170. Section 626.54, Code 2016, is amended to read as
follows:
626.54 Indemnifying bond —— sale and return.
When the officer receives such notice of ownership or
exemption, the officer may forthwith give the plaintiff, the
plaintiff’s agent, or attorney, notice that an indemnifying
bond is required. Bond may thereupon be given by or for the
plaintiff, with one or more sufficient sureties, to be approved
by the officer, to the effect that the obligors will indemnify
the officer against the damages which the officer may sustain
in consequence of the seizure or sale of the property, and
will pay to any claimant thereof the damages the claimant may
sustain in consequence of the seizure or sale, and will warrant
to any purchaser of the property such estate or interest
therein as is sold ; and thereupon . After the bond has been
given and approved, the officer shall proceed to subject the
property to the execution, and shall return the indemnifying
bond to the court from which the execution issued.
Sec. 171. Section 633.230, subsection 1, Code 2016, is
amended by striking the subsection and inserting in lieu
thereof the following:
1. In intestate matters, the administrator, as soon as
letters are issued, shall cause to be published once each
week for two consecutive weeks in a daily or weekly newspaper
of general circulation published in the county in which the
estate is pending, and at any time during the pendency of
administration that the administrator has knowledge of the name
and address of a person believed to own or possess a claim
which will not or may not be paid or otherwise satisfied during
administration, provide by ordinary mail to each such claimant
at the claimant’s last known address, a notice of appointment
which shall be in substantially the following form:
In the District Court of Iowa
in and for ...... County.
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In the Estate of Probate No. ....
...... , Deceased
NOTICE OF APPOINTMENT OF
ADMINISTRATOR AND
NOTICE TO CREDITORS
To All Persons Interested in the Estate of ...... , Deceased,
who died on or about ...... (date):
You are hereby notified that on the .... day of ......
(month), ... (year), the undersigned was appointed
administrator of the estate.
Notice is hereby given that all persons indebted to
the estate are requested to make immediate payment to the
undersigned, and creditors having claims against the estate
shall file them with the clerk of the above-named district
court, as provided by law, duly authenticated, for allowance,
and, unless so filed by the later to occur of four months from
the second publication of this notice or one month from the
date of the mailing of this notice (unless otherwise allowed or
paid), a claim is thereafter forever barred.
Dated this ... day of ..... (month), ... (year)
....................
Administrator of the estate
....................
Address
....................
Attorney for the administrator
....................
Address
Date of second publication
... day of ... (month), ... (year)
(Date to be inserted by publisher)
Sec. 172. Section 633.231, subsection 2, Code 2016, is
amended by striking the subsection and inserting in lieu
thereof the following:
2. The notice shall be in substantially the following form:
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In the District Court of Iowa
in and for ...... County.
In the Estate of Probate No. ....
...... , Deceased
NOTICE OF OPENING ADMINISTRATION
OF ESTATE, OF APPOINTMENT OF
ADMINISTRATOR, AND NOTICE
TO CREDITOR
To the Department of Human Services Who May Be Interested in
the Estate of ...... , Deceased, who died on or about ......
(date):
You are hereby notified that on the .... day of ......
(month), ... (year), an intestate estate was opened in the
above-named court and that ...... was appointed administrator
of the estate.
You are further notified that the birthdate of the deceased
is ..... and the deceased’s social security number is
...-...-.... The name of the spouse is ..... The birthdate of
the spouse is .... and the spouse’s social security number is
...-...-...., and that the spouse of the deceased is alive as
of the date of this notice, or deceased as of .... (date).
You are further notified that the deceased was/was not a
disabled or a blind child of the medical assistance recipient
by the name of ....., who had a birthdate of .... and a social
security number of ...-...-...., and the medical assistance
debt of that medical assistance recipient was waived pursuant
to section 249A.53, subsection 2, paragraph “a” , subparagraph
(1), and is now collectible from this estate pursuant to
section 249A.53, subsection 2, paragraph “b” .
Notice is hereby given that if the department of human
services has a claim against the estate for the deceased person
or persons named in this notice, the claim shall be filed with
the clerk of the above-named district court, as provided by
law, duly authenticated, for allowance, within six months from
the date of sending this notice and, unless otherwise allowed
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or paid, the claim is thereafter forever barred. If the
department does not have a claim, the department shall return
the notice to the administrator with notification stating the
department does not have a claim within six months from the
date of sending this notice.
Dated this ... day of ..... (month), ... (year)
....................
Administrator of the estate
....................
Address
....................
Attorney for the administrator
....................
Address
Sec. 173. Section 633.295, Code 2016, is amended by striking
the section and inserting in lieu thereof the following:
633.295 Testimony of witnesses.
The proof may be made by the oral or written testimony of
one or more of the subscribing witnesses to the will. If such
testimony is in writing, it shall be substantially in the
following form executed and sworn to before or after the death
of the decedent:
In the District Court of Iowa
in and for ...... County.
In the Matter of Probate No. ....
the Estate of TESTIMONY OF SUBSCRIBING
...... , Deceased WITNESS ON
State of ...... ) PROBATE OF WILL
...... County ) ss
I, ...... , being first duly sworn, state:
I reside in the County of ...... , State of ........ ; I
knew the identity of the testator on the .... day of ......
(month), ... (year), the date of the instrument, the original
or exact reproduction of which is attached hereto, now shown
to me, and purporting to be the last will and testament of
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the said ........ ; I am one of the subscribing witnesses
to said instrument; at the said date of said instrument, I
knew the identity of ...... , the other subscribing witness;
that said instrument was exhibited to me and to the other
subscribing witness by the testator, who declared the same to
be the testator’s last will and testament, and was signed by
the testator at .......... , in the County of ......, State of
........, on the date shown in said instrument, in the presence
of myself and the other subscribing witness; and the other
subscribing witness and I then and there, at the request of the
testator, in the presence of said testator and in the presence
of each other, subscribed our names thereto as witnesses.
....................
Name of Witness
....................
Address
Subscribed and sworn to before me this ... day of ......
(month), ... (year)
..........
Signature of notarial officer
(Stamp)
[........]
Title of office
[My commission expires:
......]
Sec. 174. Section 633.304, subsection 3, Code 2016, is
amended by striking the subsection and inserting in lieu
thereof the following:
3. The notice shall be substantially in the following form:
In the District Court of Iowa
in and for ...... County.
Probate No. ....
In the Estate of NOTICE OF PROBATE OF WILL,
...... , Deceased OF APPOINTMENT OF EXECUTOR,
AND NOTICE TO CREDITORS
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To All Persons Interested in the Estate of ...... , Deceased,
who died on or about ...... (date):
You are hereby notified that on the .... day of ......
(month), ... (year), the last will and testament of ...... ,
deceased, bearing the date of the ... day of ..... (month),
... (year), was admitted to probate in the above-named court
and that ...... was appointed executor of the estate. Any
action to set aside the will must be brought in the district
court of said county within the later to occur of four months
from the date of the second publication of this notice or one
month from the date of mailing of this notice to all heirs of
the decedent and devisees under the will whose identities are
reasonably ascertainable, or thereafter be forever barred.
Notice is further given that all persons indebted to
the estate are requested to make immediate payment to the
undersigned, and creditors having claims against the estate
shall file them with the clerk of the above-named district
court, as provided by law, duly authenticated, for allowance,
and, unless so filed by the later to occur of four months from
the date of second publication of this notice or one month from
the date of mailing of this notice (unless otherwise allowed or
paid), a claim is thereafter forever barred.
Dated this ... day of ..... (month), ... (year)
....................
Executor of estate
....................
Address
....................
Attorney for executor
....................
Address
Date of second publication
... day of ... (month), ... (year)
(Date to be inserted by publisher)
Sec. 175. Section 633.304A, subsection 2, Code 2016, is
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amended by striking the subsection and inserting in lieu
thereof the following:
2. The notice shall be in substantially the following form:
In the District Court of Iowa
in and for ...... County.
Probate No. ....
In the Estate of NOTICE OF PROBATE OF WILL,
...... , Deceased OF APPOINTMENT OF EXECUTOR,
AND NOTICE TO CREDITORS
To the Department of Human Services, Who May Be Interested
in the Estate of ...... , Deceased, who died on or about ......
(date):
You are hereby notified that on the ... day of .... (month),
... (year), the last will and testament of ......, deceased,
bearing date of the .... day of ...... (month), ... (year)
was admitted to probate in the above-named court and that
........ was appointed executor of the estate.
You are further notified that the birthdate of the deceased
is ..... and the deceased’s social security number is
...-...-.... The name of the spouse is ..... The birthdate of
the spouse is .... and the spouse’s social security number
is ... - ... - .... , and that the spouse of the deceased is alive as
of the date of this notice, or deceased as of ..... (date).
You are further notified that the deceased was/was not a
disabled or a blind child of the medical assistance recipient
by the name of ..... , who had a birthdate of .... and a social
security number of ... - ... - .... , and the medical assistance
debt of that medical assistance recipient was waived pursuant
to section 249A.53, subsection 2, paragraph “a” , subparagraph
(1), and is now collectible from this estate pursuant to
section 249A.53, subsection 2, paragraph “b” .
Notice is hereby given that if the department of human
services has a claim against the estate for the deceased person
or persons named in this notice, the claim shall be filed
with the clerk of the above-named district court, as provided
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by law, duly authenticated, for allowance within six months
from the date of sending this notice and, unless otherwise
allowed or paid, the claim is thereafter forever barred. If
the department does not have a claim, the department shall
return the notice to the executor with notification that the
department does not have a claim within six months from the
date of sending this notice.
Dated this ... day of ..... (month), ... (year)
....................
Executor of estate
....................
Address
....................
Attorney for executor
....................
Address
Sec. 176. Section 633.305, subsection 3, Code 2016, is
amended by striking the subsection and inserting in lieu
thereof the following:
3. The notice shall be substantially in the following form:
In the District Court of Iowa
in and for ...... County.
Probate No. ....
In the Estate of NOTICE OF PROOF OF WILL
...... , Deceased WITHOUT ADMINISTRATION
To All Persons Interested in the Estate of ...... , Deceased,
who died on or about ...... (date):
You are hereby notified that on the ... day of .... (month),
... (year), the last will and testament of ......, deceased,
bearing date of the .... day of ...... (month), ... (year),
was admitted to probate in the above-named court and there will
be no present administration of the estate. Any action to set
aside the will must be brought in the district court of the
county within the later to occur of four months from the date
of the second publication of this notice or one month from the
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date of mailing of this notice to all heirs of the decedent
and devisees under the will whose identities are reasonably
ascertainable, or thereafter be forever barred.
Dated this ... day of ...... (month), ... (year)
....................
Proponent
....................
Attorney for estate
....................
Address
Date of second publication
... day of ... (month), ... (year)
(Date to be inserted by publisher)
Sec. 177. Section 636.26, Code 2016, is amended to read as
follows:
636.26 Security subject to court order.
1. When any investment is made pursuant to approval of the
court as required by section 636.23 or made or held by and
with the consent of the court as provided in section 636.25 ,
such investment shall not be transferred and any security
taken to secure such investment shall not be discharged or
impaired prior to payment or satisfaction thereof without an
order of the court to that effect, unless otherwise authorized
by the will, trust agreement or other document under which the
fiduciary is acting. Nothing herein contained in this section
shall be construed as requiring the approval of any court to
release or discharge of record any mortgage or other lien held
by any fiduciary upon the payment or satisfaction thereof in
full.
2. All releases or discharges of record of mortgages or
other liens prior to July 4, 1951, by any fiduciary without an
order of court where such order was required by section 682.26 ,
Code 1950, are hereby declared to be valid and effective from
the filing or recording thereof without such order of court
being had and obtained, unless within six months after said
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date a statement is filed under oath by the claimant or on the
claimant’s behalf if under disability with the county recorder
where such release or discharge was filed or recorded setting
forth the claim upon which the invalidity of such release or
discharge is based. Nothing herein contained in this section
shall affect pending litigation.
Sec. 178. Section 654.23, Code 2016, is amended to read as
follows:
654.23 No redemption rights after sale.
The mortgagor has no right to redeem after sale. Junior
lienholders have no right to redeem after sale. The mortgagor
mortgagee or a junior lienholder may purchase at the sale and,
if so, acquire the same title as would any other purchaser
other than the mortgagor . If the mortgagor at the sale bids
an amount equal to the judgment, the property shall be sold
to the mortgagor even though other persons may bid an amount
which is more than the judgment. If the mortgagor purchases
at the sale, the liens of junior lienholders shall not be
extinguished. If a person other than the mortgagor purchases
at the sale, the liens of junior lienholders are extinguished.
Sec. 179. Section 656.9, Code 2016, is amended to read as
follows:
656.9 Defect in forfeiture proceedings —— limitation of
actions.
An action shall not be commenced by a vendee who is not in
possession of the property, or by a party to the forfeiture
proceeding who is other than a vendee or vendor, that asserts a
claim against real estate previously subject to a forfeiture
proceeding, and such claim is based upon a defect in the
forfeiture proceeding, in which the proof and record of service
of notice of forfeiture required by section 656.6 656.5 has
been filed of record for more than ten years.
Sec. 180. Section 725.15, Code 2016, is amended to read as
follows:
725.15 Exceptions for legal gambling.
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Sections 725.5 to through 725.10 and 725.12 do not apply to
a game, activity, ticket, or device when lawfully possessed,
used, conducted, or participated in pursuant to chapter 99B ,
99F , or 99G .
Sec. 181. Section 805.8A, subsection 5, paragraph b, Code
2016, is amended by striking the paragraph.
Sec. 182. Section 820.22, Code 2016, is amended to read as
follows:
820.22 Receiving person extradited.
Whenever the governor of this state shall demand a person
charged with crime or with escaping from confinement or
breaking the terms of the person’s bail, probation or parole in
this state, from the executive authority of any other state, or
from the chief justice judge or an associate justice judge of
the Supreme Court superior court of the District of Columbia
authorized to receive such demand under the laws of the United
States, the governor shall issue a warrant under the seal of
this state, to some agent, commanding the agent to receive the
person so charged if delivered to the agent and convey the
person to the proper officer of the county in this state in
which the offense was committed.
Sec. 183. Section 901C.1, subsection 1, Code 2016, is
amended by striking the subsection.
Sec. 184. Section 901C.1, subsections 4, 5, 6, and 7, Code
2016, are amended to read as follows:
4. This chapter section does not apply to dismissals related
to a deferred judgment under section 907.9 .
5. This chapter section applies to all public offenses, as
defined under section 692.1 .
6. The court shall advise the defendant of the provisions of
this chapter section upon either the acquittal or the dismissal
of all criminal charges in a case.
7. The supreme court may prescribe rules governing the
procedures applicable to the expungement of the record of a
criminal case under this chapter section .
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Sec. 185. NEW SECTION . 901C.1A Definition.
As used in this chapter, unless the context otherwise
requires, “expunge” and “expungement” mean the same as expunged
in section 907.1.
Sec. 186. Section 916.2, subsection 4, Code 2016, is amended
to read as follows:
4. A privilege under this section does not apply in matters
of proof concerning the chain of custody of evidence, in
matters of proof concerning the physical appearance of the
victim at the time of the injury or the advocate’s first
contact with the victim after the injury, or if the counselor
advocate has reason to believe that the victim has given
perjured testimony and the defendant or the state has made an
offer of proof that perjury may have been committed.
Sec. 187. REPEAL. Sections 328.55, 445.6, and 558.43, Code
2016, are repealed.
Sec. 188. REPEAL. 2015 Iowa Acts, chapter 30, sections 220
and 222, are repealed.
Sec. 189. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 901C.1 to section 901C.2.
b. Section 901C.1A as enacted in this Act to section 901C.1.
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.
Sec. 190. EFFECTIVE DATES.
1. The section of this Act amending section 249K.2,
subsection 3, Code 2016, takes effect upon the assumption of
the administration and governance, including but not limited
to the assumption of the assets and liabilities, of the Iowa
health information network by the designated entity. The
department of public health shall notify the Code editor of the
date of such assumption by the designated entity.
2. The section of this Act amending section 445.60, Code
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2016, takes effect July 1, 2018.
3. The section of this Act repealing 2015 Iowa Acts, chapter
30, sections 220 and 222, being deemed of immediate importance,
takes effect upon enactment.
DIVISION II
CORRESPONDING CHANGES
Sec. 191. Section 234.38, Code 2016, is amended to read as
follows:
234.38 Foster care reimbursement rates.
The department of human services shall make reimbursement
payments directly to foster parents for services provided to
children pursuant to section 234.6, subsection 6 1 , paragraph
“b” “e” , subparagraph (2), or section 234.35 . In any fiscal
year, the reimbursement rate shall be based upon sixty-five
percent of the United States department of agriculture
estimate of the cost to raise a child in the calendar year
immediately preceding the fiscal year. The department may pay
an additional stipend for a child with special needs.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill contains statutory corrections that adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities. The Code
sections amended include the following:
Section 8D.14: Strikes obsolete language relating to
repayment of start-up funding from the Iowa communications
network fund to the general fund of the state, the submission
of a report relating to any continued need for funding, and a
plan for repayment of the final installment of the start-up
funding. The report was submitted in 2009, the plan for
repayment was submitted, and the final installment payment was
made in 2012.
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Sections 12.77, 12.86, and 12.90: Replaces the word “its”
with a reference back to a prior string citation to correct
the grammar and clarify the meaning of these statements of
necessity and construction provisions relating to bond issuance
for the vision Iowa, school infrastructure, and Iowa jobs
programs and for infrastructure projects, within the treasurer
of state’s Code chapter.
Section 13.7: Clarifies, by including the full name of the
executive council, that it is the executive council’s reasons
and actions that are to be entered upon the council’s records
in proceedings relating to employment and compensation of
special legal counsel in pending legal actions or proceedings
to protect the interests of the state.
Section 13C.2: Conforms terminology used to refer to
governmental entities in this provision requiring registration
and disclosure by professional commercial fund-raisers to
language within the definition of the terms “solicit” or
“solicitation” in Code section 13C.1.
Section 15.338: Corrects an internal reference to the
provision regarding agreements between cities and the economic
development authority in this provision relating to development
of a plan by the authority for use of funds provided to a city
for nuisance property remediation.
Section 15.353: Adds an alpha reference to a paragraph
reference to clarify the meaning of the reference in this
provision establishing one of the project requirements for
receipt of tax incentives under the workforce housing tax
incentives program.
Section 15H.5: Clarifies that certain specified program
requirements apply only to the management of the Iowa summer
youth corps program and not to the other two programs that are
funded in this Code section.
Section 16.2D: Clarifies that both the positions of
chairperson and vice chairperson of the council on homelessness
rotate between the general public or agency director members
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because both positions cannot be held at the same time by
general public members or by agency director members.
Section 17A.17: Deletes extra commas and moves language to
improve the readability of this provision relating to persons
or parties with whom a presiding officer may communicate in
a contested case proceeding under the Iowa administrative
procedure Act.
Section 21.5: Substitutes the word “or” for a comma to
complete a phrase in language providing for the holding of a
closed session of a governmental body to avoid disclosure of
specific law enforcement matters.
Section 28F.12: Adds the words “the entity is” to supply the
subject of a sentence regarding the applicability of the Code
chapter governing flood mitigation by governmental entities and
to conform to similar language used elsewhere in subsection 2
of this Code section.
Section 48A.26: Conforms language referring to a series
of questions contained in Code section 48A.11, subsection 3,
to the current format of those questions. When the series
of questions was originally enacted in Code section 48A.11,
by 2004 Iowa Acts, ch. 1083, §10, the first question was a
paragraph “a” of new subsection 2A.
Section 91E.2: Removes a requirement that the Iowa
department of workforce development’s list of Spanish-speaking
interpreters be drawn from the commission of Latino affairs’
statewide list of qualified interpreters. The requirement that
the commission of Latino affairs maintain a list of qualified
interpreters was eliminated when Code section 216A.15 was
rewritten by 2010 Acts, ch. 1031, §111.
Section 96.7: Adds language relating to rules adoption by
the Iowa department of workforce development in this provision
relating to employer unemployment compensation contributions
and reimbursements to be paid by nonprofit organizations to
conform to similar rules adoption language throughout the Code.
Section 96.13: Strikes redundant language in a citation as
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well as obsolete language relating to replenishment of lost or
improperly expended social security funds received prior to
July 1, 1941.
Section 96.19: Strikes language relating to wages for
insured work performed prior to January 1, 1941, in the
definition of the term “wages” that applies to this Code
chapter governing unemployment compensation.
Section 96.20: Adds the words “in the” between the words
“duplication” and “use” to complete a phrase in language
relating to coordination of efforts of multiple states to
determine the amount of unemployment compensation payable to
the wages and employment of a single individual.
Sections 97B.49C and 97B.49G: Replaces the phrase “defined
in section 39.17” with the phrase “described in section
331.651” because Code section 39.17 provides for the election
of county sheriffs, but does not define or describe the office,
whereas Code section 331.651 does describe the office of county
sheriff.
Sections 99.28, 99.29, 99.30, and 99.31: Updates language
relating to imposition and collection of mulct taxes by
inserting the word “mulct” or replacing the word “said”
with the word “mulct” in references to the tax and replacing
nonspecific references to tax books, Code chapter 99, and
nuisances with more specific language.
Sections 99B.3 and 99B.55: Replaces the word “suspended”
in language relating to administrative actions with the word
“stayed” to distinguish actions of the department from the
denial, suspension, or revocation of a gambling license;
narrows an internal reference to specify the location of
hearing authorization language; and conforms the style of rule
making language to language elsewhere in the Code.
Section 99F.15: Replaces the words “to aid” with “who aids”
to relate the second half of language prohibiting a person from
engaging in certain unlawful betting activities to the initial
subject of the prohibition.
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Section 123.9: Adds the granting of wine permits to general
provisions outlining the power of the administrator of the
division of alcoholic beverages to issue various permits to
conform the provision to language in Code section 123.174
which specifically authorizes the administrator to issue wine
permits.
Sections 123.48, 321M.1, 321M.2, 321M.3, 321M.4, and
331.557A: Changes the term “nonoperator identification card”
to “nonoperator’s identification card” in provisions relating
to the seizure of altered or falsified driver’s licenses or
nonoperator’s identification cards by certain persons, county
issuance of driver’s licenses, and county treasurer’s duties
relating to county issuance of driver’s licenses. In Code
section 123.48, language regarding the taking of identification
cards is also conformed to indicate that both driver’s licenses
and nonoperator’s identification cards may be seized.
Sections 123.124, 123.127, 123.128, 123.129, 123.130,
123.131, 123.132, 123.134, 123.135, 123.136, 123.137, 123.138,
123.139, 123.140, 123.141, 123.142, 123.143, and 123.144: Adds
the word “beer” before the word “permit” and “permittee” in
the subchapter relating to the manufacture or sale of beer
to clarify what permit is being referenced in each of the
Code sections and to conform the treatment of references to
beer permits to the treatment of references to other types
of permits issued under the alcoholic beverage control Code
chapter.
Section 135.175 and 2015 Iowa Acts, ch. 30, §220 and 222:
Replaces a strike of language in 2015 Iowa Acts, ch. 30, that
is to take effect July 1, 2016, with a new amendment to Code
section 135.175 that strikes all of the same references to
various programs, except for references to the fulfilling
Iowa’s need for dentists matching grant program, to correct an
error in 2015 Iowa Acts, ch. 30. The references to programs
which are stricken from Code section 135.175 all sunset on
July 1, 2016, but the Iowa’s need for dentists matching grant
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program continues as a viable program in Code chapter 135 after
that date.
Section 135.176: Adds the word “position” after the word
“residency” to conform to other language in this Code section
relating to the provision of funding for residency positions
within medical residency or fellowship programs.
Section 135.185: Replaces the term “sports area” with the
term “sports arena” in the definition of the term “facility” in
this provision relating to the maintaining of prescriptions for
and supplies of epinephrine auto-injectors at certain secure
locations because a sports arena, unlike a sports area but like
the other locations mentioned in the “facility” definition,
would have the storage capabilities needed to maintain the
injectors.
Section 135C.42: Strikes language requiring the department
of inspections and appeals to hold an informal conference with
health care facilities which are the subject of a citation for
violations based upon an inspection or investigation of the
facility to conform the language with prior language in this
Code section that indicates that the informal conference is to
be held by an independent reviewer provided by the department,
not the department itself.
Section 144D.1: Adds the word “form” after the words
“physician orders for scope of treatment” to conform language
within the definition of “patient” to the defined term in this
Code chapter regulating physician orders for scope of treatment
forms.
Section 153.33: Moves language and renumbers this provision
relating to the powers of the dental board to separate out
the enumerated board powers from language relating to the
appointment of employees, the executive director, and certain
inspectors, as well as the procedures and rules for the
conducting of hearings by the board.
Section 192.110: Corrects one of the names of two federal
publications that set standards for interstate milk shipments
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to reflect the current name of the publication.
Section 192.118: Changes the word “insure” to “ensure”
to more accurately reflect the role of the department of
agriculture and land stewardship’s bacteriological laboratory
employee in certifying all laboratories doing work in the
sanitary quality of milk and dairy products.
Section 206.2: Strikes a definition of the term “poison
control center” from this definitions provision for the Code
chapter relating to the regulation of pesticides because the
term is no longer used in Code chapter 206. The provision that
did use the term was stricken by 2012 Iowa Acts, ch. 1095,
§135.
Section 218.95: Strikes a paragraph equating the term
“asylum” with the term “hospital”. Section 218.95 applies to
subtitles 2 through 6 of Title VI, entitled “Human Services”,
and to Code chapters 904, 913, and 914. The term “asylum”
does not appear at all in Code chapters 904, 913, or 914. The
term does appears one other time in Title VI: in Code section
239B.2B, where the term is used to refer to the granting of
asylum to noncitizens.
Sections 222.6 and 222.12: Strikes redundant language
relating to mental health and disability services regions which
appears after the term “regional administrator” to conform the
language to the definition of the term “regional administrator”
in Code section 222.2.
Sections 225.10, 225.13, 225.15, 225.17, 225C.14, and
225C.16: Changes the word “of” to “for” in language relating
to regional administrators for counties of residence to reflect
the fact that regional administrators often serve multiple
counties and are not a county entity.
Section 225C.19A: Adds a comma to set off a phrase and
then adds a reference to Code chapter 135H to a series of Code
chapter references that exclude crisis stabilization programs
from being required to conform to the licensing requirements
applicable to the facilities within which the programs operate,
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to conform the programs added by 2015 Iowa Acts, ch. 75, to the
requirements applicable to programs that existed prior to that
Act.
Section 226.9C: Breaks a list of qualifications for mental
health professionals that currently appears after a colon into
a lettered list and changes “a county’s regional administrator”
to “the regional administrator for the county” to reflect the
fact that regional administrators often serve multiple counties
and are not a county entity.
Section 227.1: Changes “under the supervision of”
to “administered by” in language relating to regulatory
requirements applicable to county and private institutions
for persons with mental illness to reflect the changes in
the duties of the administrator of the division of mental
health and disability services from direct supervision to
administrative supervision of those institutions.
Section 228.1: Adds in the words “and is” to clarify
that the phrase “licensed by the board of nursing” applies
to advanced nurse practitioners and not to the national
certification in psychiatric mental health care in language
defining the qualifications for mental health professionals
under the Code chapter regulating disclosure of mental health
and psychological information.
Sections 229.13, 229.14, 229.14A, 230.1, and 230.3: Changes
“county’s regional administrator” to “regional administrator
for a county” or “regional administrator for the county”
in provisions relating to involuntary hospitalization and
support of persons with mental illness to reflect the fact that
regional administrators often serve multiple counties and are
not a county entity.
Section 232.2: Changes “county” to “county’s” in language
relating to membership of the teams that develop transition
plans of services for children transitioning from foster care
to adulthood to conform to language in Code section 331.388
that indicates regional administrators are formed by agreement
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of counties participating in a region.
Sections 234.6 and 234.38: Moves language and redesignates
provisions within Code section 234.6 that outline the powers
and duties of the administrator of the division of child and
family services to separate the language describing powers
and duties specific to the administrator from language that
describes powers, duties, and responsibilities ascribed to the
entire department of human services. An internal reference
to a subsection that is redesignated in Code section 234.6 is
corrected in Code section 234.38.
Section 249K.2: Replaces a citation to a definition in Code
section 135.154 with a replacement citation to new Code section
135D.2, contingent upon the assumption of the administration
and governance of the Iowa health information network by the
designated entity. Under the terms of 2015 Iowa Acts, ch. 73,
Code section 135.154 is to be repealed and new Code chapter
135D enacted upon occurrence of that same contingency.
Section 257.42: Numbers unnumbered paragraphs, replaces a
numeric self-reference with “this section”, and clarifies that
the department referenced in this provision relating to program
plans for gifted and talented children is the department of
education.
Section 261.113: Replaces references to “osteopathy
degree” with “osteopathic medicine degree” in this Code section
establishing the rural Iowa primary care loan repayment program
to reflect changes regarding the practice of osteopathic
medicine made in 2008 Iowa Acts, ch. 1088.
Section 261G.4: Adds the word “and” within an interim
citation series to conform the treatment of the interim
series to the treatment of the other components of the larger
series of citations outlining the requirements with which a
participating resident education institution must comply if an
interstate reciprocity agreement requires compliance.
Sections 275.1 and 275.28: Changes “to” to “through” to
conform a string citation to current bill drafting style
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and to clarify the applicability of the last Code section
in the string citation in these two provisions relating to
reorganization of school districts.
Section 307.24: Replaces the word “defined” with
“described” in language describing the location of certain
roads as being on state fairgrounds. Code chapter 173 governs
the Iowa state fair and maintenance of state fairgrounds, but
does not include a definition of state fairgrounds.
Section 307.46: Replaces a reference to the former
legislative oversight committee of the legislative council
with a reference to the general assembly’s standing committees
on government oversight to conform this provision requiring
reporting by the state department of transportation regarding
expenditure of certain funds encumbered for employee training
and technology enhancement to changes made by 2009 Acts,
ch. 86, and in which the legislative council committee was
eliminated.
Section 307A.2: Rewrites language relating to adoption
of rules pertaining to the criteria to be used by the state
transportation commission for allocating funds as a result of
any long-range planning process to conform the style of the
language to the style of the other provisions describing the
duties of the commission.
Section 310.28: Numbers unnumbered paragraphs and updates
the style of language relating to payment of certain expenses
from the farm-to-market road fund.
Section 313.2: Adds the word “road” between the words
“primary” and “system” in language relating to the addition
of certain roads by the department of transportation to the
primary road system to shorten direct lines of travel or
facilitate connections to interstate roads at state lines to
conform the reference to other references in Code chapter 313
to that system.
Section 313.12: Adds the word “road” between the words
“primary” and “system” in language relating to the state
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department of transportation’s duty to supervise and inspect
the system of primary roads to conform the reference to other
references in Code chapter 313 to that system.
Sections 313.64 and 313.65: Numbers paragraphs and changes
“to” to “through” to conform a string citation to current
bill drafting style and to clarify the applicability of the
last Code section in the string citation in these provisions
relating to statements regarding the offering of certain
privately owned interstate bridges as a gift to the state.
Sections 321.1 and 321.69: Strikes the words “or airbag”
from the definition of “air bag” and strikes a redundant
instance of the word “permit” from a series relating to various
permits which are included within the meaning of the term
“driver’s license” in Code section 321.1. The term “airbag” is
also changed to “air bag” in Code section 321.69 to eliminate
the only other instance of that spelling in the Code and to
conform with the strike of “airbag” from Code section 321.1.
Section 321.12: Supplies a missing “and” from language
specifying the time frame and criteria for destruction of
records which are deemed obsolete by the director of the state
department of transportation.
Sections 321G.1 and 321I.1: Deletes a definition of the term
“document” from the definition sections for the Code chapters
governing snowmobiles and all-terrain vehicles because the term
is not used anywhere in either of the two Code chapters.
Section 321H.2: Adds a United States Code citation for
the federal motor vehicle title history database to language
added by 2015 Iowa Acts, ch. 52, that refers to that federally
mandated system that is maintained by the United States
department of justice.
Section 327G.32: Replaces language and a reference to Code
section 327G.14, which was repealed by 2015 Iowa Acts, ch. 123,
§43, with language referring to a “schedule ‘two’ penalty”
under Code section 327C.5. Former Code section 327G.14
provided for the imposition of a schedule “two” penalty for
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certain criminal violations and Code section 327C.5 describes
the punishment applicable to a schedule “two” violation.
Section 328.55: Repeals an obsolete provision relating to
the inspection of governmental subdivision airports between
July 1, 1976, and July 1, 1977, and compliance by those
airports within one year with any rules adopted by the state
department of transportation.
Section 331.802: Converts two adjectives describing two
types of violent death to nouns to conform these references to
these two types of violent death to other instances in which
these types of violent death are referenced elsewhere in the
Code.
Section 331.910: Changes an internal reference from
“section” to “subsection” to conform language describing
contracts entered into for the treatment of persons who
have been detained, committed, or placed for treatment on
an involuntary basis to language describing contracts for
treatment for persons who have been voluntarily detained or
placed.
Section 426B.3: Strikes obsolete language prohibiting the
appropriation by the general assembly of county Medicaid offset
repayments for mental health and disability services during the
fiscal year beginning July 1, 2014.
Section 428.35: Moves, redrafts, and redesignates language
to create an enumerated, alphabetical list of definitions
within this provision pertaining to excise taxes imposed on the
handling of grain.
Section 434.22: Strikes the word “said” and adds language
specifying that the statement referenced is the statement of
the department of revenue under Code section 434.17, in this
provision describing the process for assessment, levy, and
collection of tax upon railway property.
Section 437.10: Strikes the word “said” and adds language
specifying that the statement referenced is the statement of
the department of revenue under Code section 434.17, in this
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provision describing the process for assessment, levy, and
collection of tax upon electric transmission lines.
Section 438.15: Strikes the word “said” and adds language
specifying that the statement referenced is the statement of
the department of revenue under Code section 434.17, in this
provision describing the process for assessment, levy, and
collection of tax upon pipeline company property.
Section 440.6: Strikes the word “said” and adds language
specifying the Code section in which a 10 percent penalty is
assessed in language providing for the assessment of additional
penalties for the fraudulent withholding of property from
property tax assessment.
Section 441.21: Numbers unnumbered paragraphs and then
strikes redundant language and changes “to” to “through” in
a string citation to conform the citation to current bill
drafting style and to clarify the applicability of the last
Code section in the string citation in the provision relating
to assessed and actual values of property for property tax
purposes.
Section 445.6: Repeals an obsolete provision relating to
applications to waive tax statement requirements for fiscal
years beginning July 1, 1998, and July 1, 1999, that had
to have been received on or before January 1, 1999, by the
department of management.
Section 445.60: Strikes, effective July 1, 2018, a
reference to the state board of tax review. The state board
disposed of all cases pending before the board on October 5,
2015, and dissolved, and Code section 421.1, establishing the
state board of tax review, was repealed by its own terms.
Section 453A.45: Replaces two internal references to
“subdivision” with “subsection” in language relating to the
sale of tobacco products by licensed distributors because there
are no “subdivisions” anywhere in the Code, and because, when
this Code section was enacted in 1967 Iowa Acts, ch. 348, the
term “subdivision” was used to refer to subsections of Code
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sections.
Section 455B.216: Replaces a reference to a “board” with
a reference to the director of the department of natural
resources in language relating to the examination of candidates
for certification as water or wastewater treatment plant, water
distribution system, or water supply operators. Responsibility
for oversight of the examinations was moved to the director and
the department of natural resources as part of the changes made
in 1986 Iowa Acts, ch. 1245.
Section 456A.15: Updates language in this provision
relating to removal of appointees and employees of the
department of natural resources to include a reference to the
provisions authorizing appointment and employment of personnel
by the department.
Section 456A.38: Removes a reference to the term
“authority” from a list of terms that are defined in Code
section 16.58 to its own definition provision in this
definitions section for the Code chapter pertaining to
regulation and funding of the department of natural resources.
The term “authority” is not defined in Code section 16.58, but
is defined in Code section 16.1.
Section 459A.103: Strikes the redundant words “effluent
and” from language describing what is to be construed as
encompassed within the regulation of effluent under the open
feedlot operations and animal truck wash facilities Code
chapter.
Section 459A.206: Adds the missing words “or unformed
structure” in two places in language relating to soil corings
that must be taken as part of a soil profile for proposed sites
for construction of settled open feedlot effluent basins or
unformed animal truck wash effluent structures.
Section 459A.404: Strikes redundant language and replaces
in two places the words “including expanded” with “or expanded”
to improve the readability of this provision establishing
restrictions on the construction or expansion of animal truck
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wash effluent structures.
Section 461A.36: Updates language relating to speed limits
in state parks and preserves and adds language specifying the
default speed limit to language establishing the procedure for
changes to that speed limit.
Section 468.149: Restructures and breaks out the elements
to improve the readability of the offense of obstructing or
damaging ditches, drains, watercourses, levees, settling basin
banks, or other levee or drainage district improvements or
property.
Section 468.207: Restructures to improve the readability of
language establishing the form of a notice informing property
owners and interest holders of plans to construct, repair, or
alter flood control improvements.
Section 468.209: Restructures by redesignating this
provision regarding entry of orders approving plans to
construct, repair, or alter flood control improvements to
separate provisions regarding the effect of the order from
language relating to modification of or changes to the order,
once it has been entered.
Section 468.375: Replaces the Code section headnote with
a headnote that was originally attached to this Code section
relating to levee and drainage district refunding bonds when
the provision was first enacted in 1923 Iowa Acts, ch. 159, §9,
to eliminate the ambiguous reference to the term “Act” that
currently exists in the Code section headnote.
Section 468.540: Replaces the word “hereinafter” with
“in this part” to clarify the location of the limitations
and procedures applicable to drainage refunding bonds. The
provisions in subchapter IV, part 1, were contained in their
own Code chapter, Code chapter 463, prior to being transferred
to Code chapter 468 by 1989 Iowa Acts, ch. 126, and were
originally enacted as a separate Code chapter in 1927 Iowa
Acts, ch. 187.
Section 481A.91: Redrafts to update and clarify this
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provision prohibiting the killing and possession of certain
animals which have been killed with a shotgun or spear.
Section 484B.5: Adds the word “operator’s” to clarify that
it is the hunting preserve operator’s license which, when
received, requires the licensee to post signs and fence the
boundaries of a hunting preserve.
Section 490.1320: Changes two references to “part” and two
references to “chapter” to refer to “division” to conform this
language regarding notice of proposed action by a business
corporation to consummate a merger or share exchange, dispose
of assets, convert the corporation to another entity, or make
certain amendments to the articles of incorporation to the
model Act upon which the language was originally based.
Section 499B.2: Replaces “herein” with “in this chapter” to
clarify the applicability of the definitions Code section for
the Code chapter under which condominiums are regulated.
Section 504.834: Adds the words “of this subchapter” to
clarify which part 5 within Code chapter 504 governs advances
made to directors or officers of nonprofit corporations.
Section 505.32: Strikes obsolete language, relating to
a legislative health care coverage commission that concluded
operations in 2011, that required the commissioner of insurance
to consult with and report to that commission regarding the
Iowa insurance information exchange, and substitutes the actual
date for the words “the effective date of this section”.
Section 507B.4: Enumerates, for readability, the content
requirements for an insurer’s statement of capital and surplus
which appear after a colon and separates those requirements
from other language that requires the contents of that
statement to correspond to the latest verified statement made
by the insurer to the commissioner of insurance.
Section 507B.4C: Adds a comma to set off a clause to clarify
that the requirement of a demonstration of financial hardship
applies to both the exempting of an insurer from death master
file comparison and from the performance of death master file
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comparisons less frequently than semiannually.
Section 511.31: Updates language to clarify the meaning of
ambiguous wording in this provision governing when an insurer
is estopped from asserting that an insured was not in the
condition of health required by a policy.
Section 515.48: Strikes the redundant language “of this
section” in an internal reference and then separates additional
items that may be insured under a non-life insurance policy
into new subparagraphs to distinguish those additional losses
not occasioned by the explosion of certain pressure vessels
from losses that may be insured.
Section 517.3: Splits a subparagraph which relates to
distribution of unallocated insurance liability loss expense
payments in two different years into two subparagraphs and
redesignates a subsequent subparagraph to conform the content
and style of the language to the balance of the subparagraphs
which contain the percentages of payments to be distributed in
a single year.
Section 519A.1: Numbers unnumbered paragraphs and changes
“to” to “through” to conform a string citation to current
bill drafting style and to clarify the applicability of the
last Code section in the string citation in this provision
expressing the legislative intent of the Code chapter
establishing a joint underwriting association for medical
malpractice insurance.
Sections 519A.2, 519A.3, 519A.4, 519A.5, 519A.10, and
519A.13: Changes “to” to “through” and eliminates numeric
self-references to conform string citations to current
bill drafting style and to clarify the applicability of
the last Code section in each of the string citations in
these provisions in the Code chapter establishing a joint
underwriting association for medical malpractice insurance.
Section 521A.5: Strikes the word “who” to clarify that the
prohibition against being a beneficial owner of a controlling
interest in voting stock applies to the majority of the members
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of any committees established by the board of directors of a
domestic insurer.
Section 523A.207: Replaces an internal reference to
“section” with “subsection” to reflect the fact that the
requirement for the filing of an audit prior to the sale or
transfer of a purchase agreement as part of the sale of a
business or assets of a business under the cemetery and funeral
merchandise and funeral services Code chapter is contained in
subsection 1 only of this Code section.
Section 523A.807: Adds the word “or” to complete a series of
Code section citations which contain the conditions precedent
to the issuance of an order by the commissioner of insurance
requiring payment of a civil penalty or prohibiting a person
from engaging in any business regulated under the cemetery and
funeral merchandise and funeral services Code chapter.
Section 554.11109: Adds language referencing the
legislation in which this Code section was enacted to limit the
meaning of the language to its meaning when it was enacted.
New articles have been adopted in Code chapter 554 since the
1974 legislation and major revisions to existing articles have
also been enacted, making the 1972 official comments of limited
or no use with respect to those changes.
Sections 558.43 and 558.44: Repeals Code section 558.43,
reenacts the content as an alphabetized definitions subsection
within Code section 558.44, and redesignates Code section
558.44 to accommodate the addition of the definitions to this
Code section relating to recordation of conveyances and leases
of agricultural land. Another definitions section exists in
Code chapter 558, but, with the exception of the definition of
“conveyance”, the definitions contained in Code section 558.43
are used only in Code section 558.44. Code sections 558.43
and 558.44 were enacted together in a single Acts section in
1978 Iowa Acts, ch. 1079, §9, which dealt exclusively with the
subject of corporate farming.
Section 598.7: Changes a reference from Code section 235F.1
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to Code chapter 235F to conform language to exclude actions
involving elder abuse from a requirement for mediation to
the style of the language used to exclude actions involving
domestic abuse.
Section 602.8108: Replaces a series of specific subsection
references with general language outlining the circumstances
under which the fine and fee amounts will not be deposited
in the general fund of the state. A reference to subsection
7 is not included within the series and should be due to its
enactment in 2015 Iowa Acts, ch. 96, §14. In addition, each
of the subsections in this Code section that require deposit
of moneys into other funds specifically states the fund into
which the moneys are to be deposited. Removing the list of
exceptions will avoid the need to expand the list of exceptions
each time that a new exception is enacted.
Section 622.28: Numbers unnumbered paragraphs and puts
a definition of a term into standard form in this provision
relating to the admissibility of writings or records or the
absence of writings or records.
Section 622.71: Updates the style to improve the
readability of language specifying when a peace officer may
receive fees as a witness in a legal proceeding. The word
“police” is also changed to “peace” to conform that reference
to law enforcement officers to earlier language in this Code
section.
Sections 626.51, 626.52, and 626.53: Changes “such notice”
to “notice of ownership or exemption” to clarify that the
notice referred to in these provisions regarding a levy
on property by a law enforcement officer is the notice of
ownership or exemption and not the notice of levy.
Section 626.54: Updates language, moves language appearing
after a semicolon into a new sentence, and clarifies that
the notice referenced at the beginning of this provision
relating to the giving of an indemnifying bond against damages
for seizure or sale of property is a notice of ownership or
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exemption.
Sections 633.230, 633.231, 633.295, 633.304, 633.304A,
and 633.305: Strikes and rewrites to recaption the initial
information in a series of probate forms relating to the name
of the district court, the deceased, the probate number, and
the title of the form and to otherwise conform the format of
the probate forms to each other and to other, similar probate
forms that appear in the Iowa court rules publication.
Section 636.26: Numbers unnumbered paragraphs and changes
references from “herein” to “in this section” to clarify
that court approval is not required for certain releases or
discharges of mortgages or liens held by a fiduciary and does
not apply to pending litigation.
Section 654.23: Conforms language appearing at the
beginning of this Code section relating to redemption rights
after and title acquired due to purchase of property at a
foreclosure sale to the substance of language that appears
later in the Code section.
Section 656.9: Corrects a reference to the Code section
that requires notice of forfeiture to be given that appears
within this Code section regarding the statute of limitations
that applies to actions based upon a defects in forfeiture
proceedings.
Section 725.15: Changes “to” to “through” to conform
a string citation to current bill drafting style and to
clarify the applicability of the last Code section in the
string citation in this provision excepting gambling games,
activities, and devices which conform to the requirements
established for legal gambling under the Code from provisions
establishing criminal offenses and punishments for illegal
gambling.
Section 805.8A: Deletes a provision that became redundant
when 2010 Iowa Acts, ch. 1190, §18, made the penalties
applicable to excessive speed violations in speed zones greater
than 55 miles per hour the same as the penalties that apply to
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excessive speed violations in other speed zones.
Section 820.22: Conforms language referring to the
appropriate court and judicial authorities of the District
of Columbia who are responsible for receiving demands for
extradition of persons charged with a crime, with escape from
confinement, or of breaking the terms of the person’s bail,
probation, or parole to language found in Title 23, chapter 7,
§23-704 of the Code of the District of Columbia. Unlike in
most states, the authority under the Code of the District of
Columbia to receive demands for extradition is not part of the
powers and duties assigned to the governor of the district,
but, rather, is vested in the superior court.
Sections 901C.1 and 901C.1A: Moves definitions applicable
to the provisions of this one section Code chapter relating to
expungement of criminal records in certain criminal cases to
new Code section 901C.1A and changes references in existing
Code section 901C.1 from “chapter” to “section” to conform the
style of this Code chapter to other Code chapters. The Code
editor is directed to transfer current Code section 901C.1 to
become Code section 901C.2 and new Code section 901C.1A to
become Code section 901C.1.
Section 916.2: Changes a reference from “counselor” to
“advocate” to reflect the fact that the person counseling
victims of criminal acts under Code chapter 916 are termed
“advocates”, not “counselors”.
Repeals of Code sections located at the end of the bill are
described in Code section order rather than at the end of this
explanation. Repeals of 2015 Iowa Acts, ch. 30, §§220 and 222,
are explained in the explanation of the amendments to Code
section 135.175 in the bill.
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