Bill Text: IA SF2283 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: 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. (Formerly SSB 3141.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-03-23 - Withdrawn. S.J. 585. [SF2283 Detail]
Download: Iowa-2015-SF2283-Introduced.html
Senate File 2283 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3141) (COMPANION TO LSB 5539HV by committee on judiciary) A BILL FOR 1 An Act relating to statutory corrections which may adjust 2 language to reflect current practices, insert earlier 3 omissions, delete redundancies and inaccuracies, delete 4 temporary language, resolve inconsistencies and conflicts, 5 update ongoing provisions, or remove ambiguities, and 6 including effective date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5539SV (1) 86 lh/rj PAG LIN 1 1 DIVISION I 1 2 MISCELLANEOUS CHANGES 1 3 Section 1. Section 8D.14, Code 2016, is amended to read as 1 4 follows: 1 5 8D.14 Iowa communications network fund. 1 61.There is created in the office of the treasurer of 1 7 state a fund to be known as the Iowa communications network 1 8 fund under the control of the Iowa telecommunications and 1 9 technology commission. There shall be deposited into the 1 10 Iowa communications network fund proceeds from bonds issued 1 11 for purposes of projects authorized pursuant to section 1 12 8D.13, funds received from leases pursuant to section 1 13 8D.11, and other moneys by law credited to or designated 1 14 by a person for deposit into the fund. Amounts deposited 1 15 into the fund are appropriated to and for the use of the 1 16 commission. Notwithstanding section 12C.7, interest earned 1 17 on amounts deposited in the fund shall be credited to the 1 18 fund. Notwithstanding section 8.33, moneys deposited into 1 19 and appropriated from the fund that remain unencumbered or 1 20 unobligated at the close of the fiscal year shall not revert 1 21 but shall remain available for expenditure for the purposes 1 22 designated until the close of the succeeding fiscal year. 1 232. The commission shall be required to repay one million 1 24 dollars of start=up funding from the Iowa communications 1 25 network fund to the general fund of the state. For the fiscal 1 26 year beginning July 1, 2007, and ending June 30, 2008, the 1 27 commission shall repay two hundred fifty thousand dollars 1 28 of start=up funding at the end of that fiscal year, and for 1 29 the fiscal year beginning July 1, 2008, and ending June 30, 1 30 2009, the commission shall repay two hundred fifty thousand 1 31 dollars of start=up funding at the end of that fiscal year. 1 32 The remaining five hundred thousand dollars shall be repaid 1 33 in a reasonable period of time thereafter as provided in this 1 34 subsection. The commission shall conduct a review of the 1 35 operation of the fund and the extent to which a continued 2 1 need for funding for cash flow support exists, and shall 2 2 provide a report summarizing the results of the review to 2 3 the general assembly by January 1, 2010. The report shall 2 4 also include a plan regarding repayment of the remaining five 2 5 hundred thousand dollars in start=up funding in a manner which 2 6 will not adversely affect network operations, and any other 2 7 recommendations relating to the fund and the operation of the 2 8 network deemed appropriate by the commission.2 9 Sec. 2. Section 12.77, Code 2016, is amended to read as 2 10 follows: 2 11 12.77 Construction. 2 12 Sections 12.71 through 12.76, being necessary for the 2 13 welfare of this state and its inhabitants, shall be liberally 2 14 construed to effectitsthe purposes of the sections. 2 15 Sec. 3. Section 12.86, Code 2016, is amended to read as 2 16 follows: 2 17 12.86 Construction. 2 18 Sections 12.81 through 12.85, being necessary for the 2 19 welfare of this state and its inhabitants, shall be liberally 2 20 construed to effectitsthe purposes of the sections. 2 21 Sec. 4. Section 12.90, subsection 2, Code 2016, is amended 2 22 to read as follows: 2 23 2. Sections 12.87 through 12.89, and this section, being 2 24 necessary for the welfare of this state and its inhabitants, 2 25 shall be liberally construed to effectitsthe purposes of the 2 26 sections. 2 27 Sec. 5. Section 13.7, subsection 1, Code 2016, is amended 2 28 to read as follows: 2 29 1. Compensation shall not be allowed to any person for 2 30 services as an attorney or counselor to an executive department 2 31 of the state government, or the head of an executive department 2 32 of state government, or to a state board or commission. 2 33 However, the executive council may authorize employment of 2 34 legal assistance, at a reasonable compensation, in a pending 2 35 action or proceeding to protect the interests of the state, 3 1 but only upon a sufficient showing, in writing, made by the 3 2 attorney general, that the department of justice cannot for 3 3 reasons stated by the attorney general perform the service. 3 4 The reasons and action of the executive council shall be 3 5 entered upon its records. If the attorney general determines 3 6 that the department of justice cannot perform legal service 3 7 in an action or proceeding, the executive council shall 3 8 request the department involved in the action or proceeding 3 9 to recommend legal counsel to represent the department. If 3 10 the attorney general concurs with the department that the 3 11 person recommended is qualified and suitable to represent the 3 12 department, the person recommended shall be employed. If the 3 13 attorney general does not concur in the recommendation, the 3 14 department shall submit a new recommendation. This subsection 3 15 does not affect the general counsel for the utilities board of 3 16 the department of commerce, the legal counsel of the department 3 17 of workforce development, or the general counsel for the 3 18 property assessment appeal board. 3 19 Sec. 6. Section 13C.2, subsection 1, paragraph c, Code 2016, 3 20 is amended to read as follows: 3 21 c. In lieu of filing the financial disclosure information 3 22 at the time of registration, the professional commercial 3 23 fund=raiser may file a statement with its permit application 3 24 where it agrees to provide, without cost, the financial 3 25 disclosure information required to be disclosed pursuant to 3 26 this subsection to a person orgovernmentgovernmental entity 3 27 requesting the information within one day of the request. The 3 28 statement shall include the telephone number, mailing address, 3 29 and names of persons to be contacted to obtain the financial 3 30 disclosure information of the fund=raiser. Failure to provide 3 31 this information upon request shall be a violation of this 3 32 chapter. 3 33 Sec. 7. Section 13C.2, subsection 3, paragraph b, Code 2016, 3 34 is amended to read as follows: 3 35 b. The attorney general may seek an injunction pursuant 4 1 to section 714.16 prohibiting the professional commercial 4 2 fund=raiser or charitable organization from soliciting 4 3 contributions until the required financial information has 4 4 been disclosed to the attorney general, person, orgovernment 4 5governmental entity making the request. 4 6 Sec. 8. Section 15.338, subsection 5, Code 2016, is amended 4 7 to read as follows: 4 8 5. In providing financial assistance under this section, 4 9 the authority shall coordinate with a city to develop a plan 4 10 for the use of funds that is consistent with the community 4 11 development, housing, and economic development goals of the 4 12 city. The terms of the agreement entered into pursuant to 4 13 subsection34 and the use of financial assistance provided 4 14 under this section shall reflect the plan developed based on a 4 15 city's goals. 4 16 Sec. 9. Section 15.353, subsection 2, paragraph d, 4 17 subparagraph (2), subparagraph division (c), Code 2016, is 4 18 amended to read as follows: 4 19 (c) The demand for projects applying under this paragraph 4 20 "d" compared to the demand for projects applying under 4 21 paragraphs "a" through "c". 4 22 Sec. 10. Section 15H.5, subsection 5, paragraphs b and d, 4 23 Code 2016, are amended to read as follows: 4 24 b. The commission shall manage the Iowa summer youth corps 4 25 program in a manner to maximize the leveraging of federal, 4 26 local, and private funding opportunities that increase or 4 27 amplify program impact and service=learning opportunities. 4 28 The commission shall also encourage collaboration with, and 4 29 utilization of, other national, local, and nonprofit programs 4 30 engaged in community service or addressing the needs of youth 4 31 from families with low income. 4 32 d. The commission shall include progress information 4 33 concerning implementation of the Iowa summer youth corps 4 34 program in the quarterly reports made to the governor and the 4 35 general assembly in accordance with section 15H.2. 5 1 Sec. 11. Section 15H.5, subsection 6, paragraph b, Code 5 2 2016, is amended to read as follows: 5 3 b. If a stipend is provided to a youth participating in 5 4 the Iowa summer youth corps program, the youth shall be age 5 5 fourteen through eighteen. 5 6 Sec. 12. Section 16.2D, subsection 6, paragraph b, Code 5 7 2016, is amended to read as follows: 5 8 b. The council shall elect a chairperson and vice 5 9 chairperson from the membership of the council. The 5 10 chairperson and vice chairperson shall each serve two=year 5 11 terms. The positions of chairperson and vice chairperson shall 5 12 not both be held bymembers who are botheither general public 5 13 members or agencydirectorsdirector members. Theposition 5 14positions of chairperson and vice chairperson shall rotate 5 15 between agency director members and general public members. 5 16 Sec. 13. Section 17A.17, subsection 1, paragraph a, Code 5 17 2016, is amended to read as follows: 5 18 a. Unless required for the disposition of ex parte matters 5 19 specifically authorized by statute, a presiding officer in a 5 20 contested case,shall not communicate,directly or indirectly, 5 21with any person or party in connection with any issue of fact 5 22 or law in that contested case,with any person or party,except 5 23 upon notice and opportunity for all parties to participate as 5 24 shall be provided for by agency rules. 5 25 Sec. 14. Section 21.5, subsection 1, paragraph g, Code 2016, 5 26 is amended to read as follows: 5 27 g. To avoid disclosure of specific law enforcement matters, 5 28 such as current or proposed investigations,or inspection or 5 29 auditing techniques or schedules, which if disclosed would 5 30 enable law violators to avoid detection. 5 31 Sec. 15. Section 28F.12, subsection 2, Code 2016, is amended 5 32 to read as follows: 5 33 2. If the entity is comprised solely of cities, counties, 5 34 and sanitary districts established under chapter 358, or any 5 35 combination thereof, it is a governmental entity with respect 6 1 to projects undertaken pursuant to chapter 418 and may exercise 6 2 all of the powers of a governmental entity under that chapter 6 3 in connection withthea flood mitigation project. Unless 6 4 otherwise provided in chapter 418, if the entity is undertaking 6 5 a flood mitigation project as a governmental entity under 6 6 chapter 418, the provisions of chapter 418 shall prevail over 6 7 any conflicting provision in this chapter. 6 8 Sec. 16. Section 48A.26, subsections 4 and 5, Code 2016, are 6 9 amended to read as follows: 6 10 4. If the registrant applied by mail to register to vote and 6 11 did not answer either "yes" or "no" to the first question in 6 12 section 48A.11, subsection 3,paragraph "a",the application 6 13 shall be processed. If the application is complete and proper 6 14 in all other respects and information on the application is 6 15 verified, as required by section 48A.25A, the applicant shall 6 16 be registered to vote and sent an acknowledgment. 6 17 5. If the registrant applied by mail to register to vote 6 18 and answered "no" to the first question in section 48A.11, 6 19 subsection 3,paragraph "a",the application shall not be 6 20 processed. The acknowledgment shall advise the applicant 6 21 that the registration has been rejected because the applicant 6 22 indicated on the registration form that the applicant is not a 6 23 citizen of the United States. 6 24 Sec. 17. Section 91E.2, subsection 1, paragraph b, Code 6 25 2016, is amended to read as follows: 6 26 b. If a Spanish=speaking interpreter is needed, the employer 6 27 shall select an interpreter from a list of interpreters 6 28 developed by the department of workforce development, drawn 6 29 from the commission of Latino affairs' statewide list of 6 30 interpreters qualified to serve Iowa courts and administrative 6 31 agencies. 6 32 Sec. 18. Section 96.7, subsection 8, paragraph a, 6 33 subparagraph (4), Code 2016, is amended to read as follows: 6 34 (4) The department, in accordance with rules adopted by the 6 35 department pursuant to chapter 17A, shall notify each nonprofit 7 1 organization of any determination made by the department of the 7 2 status of the nonprofit organization as an employer and of the 7 3 effective date of any election or termination of election. A 7 4 determination is subject to appeal and review in accordance 7 5 with subsections 4 and 5. 7 6 Sec. 19. Section 96.13, subsection 2, Code 2016, is amended 7 7 to read as follows: 7 8 2. Replenishment of lost funds. If any moneys received 7 9 after June 30, 1941, from the social security administration 7 10 under Tit. III of the Social Security Act, or any unencumbered 7 11 balances in the unemployment compensation administration fund 7 12 as of that date, or any moneys granted after that date to this 7 13 state pursuant to the provisions of the Wagner=Peyser Act, 7 14 or any moneys made available by this state or its political 7 15 subdivisions and matched by such moneys granted to this state 7 16 pursuant to the provisions of the Wagner=Peyser Act, are 7 17 found by the social security administration, because of any 7 18 action or contingency, to have been lost or been expended for 7 19 purposes other than or in amounts in excess of, those found 7 20 necessary by the social security administration for the proper 7 21 administration of this chapter, it is the policy of this state 7 22 that such moneys shall be replaced by moneys appropriated 7 23 for such purpose from the general funds of this state to the 7 24 unemployment compensation administration fund for expenditure 7 25 as provided in subsection 1of this section. Upon receipt of 7 26 notice of such a finding by the social security administration, 7 27 the department shall promptly report the amount required for 7 28 such replacement to the governor and the governor shall at 7 29 the earliest opportunity, submit to the legislature a request 7 30 for the appropriation of such amount.This subsection shall 7 31 not be construed to relieve this state of its obligation with 7 32 respect to funds received prior to July 1, 1941, pursuant to 7 33 the provisions of Tit. III of the Social Security Act.7 34 Sec. 20. Section 96.19, subsection 41, unnumbered paragraph 7 35 1, Code 2016, is amended to read as follows: 8 1 "Wages" means all remuneration for personal services, 8 2 including commissions and bonuses and the cash value of all 8 3 remuneration in any medium other than cash. The reasonable 8 4 cash value of remuneration in any medium other than cash, shall 8 5 be estimated and determined in accordance with rules prescribed 8 6 by the department.Wages payable to an individual for insured 8 7 work performed prior to January 1, 1941, shall, for the 8 8 purposes of sections 96.3, 96.4, and this section, be deemed to 8 9 be wages paid within the calendar quarter with respect to which 8 10 such wages were payable.8 11 Sec. 21. Section 96.20, subsection 2, paragraph b, Code 8 12 2016, is amended to read as follows: 8 13 b. Reimbursements so payable shall be deemed to be benefits 8 14 for the purposes of section 96.3, subsection 5, paragraph "a", 8 15 and section 96.9, but no reimbursement so payable shall be 8 16 charged against any employer's account for the purposes of 8 17 section 96.7, unless wages so transferred are sufficient to 8 18 establish a valid claim in Iowa, and that such charges shall 8 19 not exceed the amount that would have been charged on the 8 20 basis of a valid claim. The department is hereby authorized 8 21 to make to other state or federal agencies and receive from 8 22 such other state or federal agencies, reimbursements from 8 23 or to the fund, in accordance with arrangements pursuant 8 24 to this section. The department shall participate in any 8 25 arrangements for the payment of compensation on the basis of 8 26 combining an individual's wages and employment covered under 8 27 this chapter with the individual's wages and employment covered 8 28 under the unemployment compensation laws of other states 8 29 which are approved by the United States secretary of labor in 8 30 consultation with the state unemployment compensation agencies 8 31 as reasonably calculated to assure the prompt and full payment 8 32 of compensation in such situations and which include provisions 8 33 for applying the base period of a single state law to a claim 8 34 involving the combining of an individual's wages and employment 8 35 covered under two or more state unemployment compensation laws, 9 1 and avoidingtheduplication in the use of wages and employment 9 2 by reason of such combining. 9 3 Sec. 22. Section 97B.49C, subsection 1, paragraph e, Code 9 4 2016, is amended to read as follows: 9 5 e. "Sheriff" means a county sheriff asdefineddescribed in 9 6 section39.17331.651. 9 7 Sec. 23. Section 97B.49G, subsection 7, paragraph a, 9 8 subparagraph (3), subparagraph division (a), Code 2016, is 9 9 amended to read as follows: 9 10 (a) As a county sheriff asdefineddescribed in section 9 1139.17331.651. 9 12 Sec. 24. Section 99.28, Code 2016, is amended to read as 9 13 follows: 9 14 99.28 Certification and payment of mulct tax. 9 15 The clerk of said court shall make and certify a return of 9 16 the imposition ofsaidthe mulct tax forthwith to the county 9 17 auditor, who shall enter the same as a tax upon the property, 9 18 and against the persons upon which or whom the lien was 9 19 imposed, as and when the other taxes are entered, and the same 9 20 shall be and remain a lien on the land upon which such lien 9 21 was imposed until fully paid. Any such lien imposed while the 9 22 tax books are in the hands of the auditor shall be immediately 9 23 enteredthereinin the tax books. The payment ofsaidthe 9 24 mulct tax shall not relieve the persons or property from any 9 25 other penalties provided by law. 9 26 Sec. 25. Section 99.29, Code 2016, is amended to read as 9 27 follows: 9 28 99.29 Collection of mulct tax. 9 29 The provisions of the law relating to the collection of taxes 9 30 in this state, the delinquency thereof, and sale of property 9 31 for taxes shall govern in the collection of the mulct tax 9 32hereinprescribed in this chapter insofar asthe samethose 9 33 provisions are applicable. 9 34 Sec. 26. Section 99.30, Code 2016, is amended to read as 9 35 follows: 10 1 99.30 Application of mulct tax. 10 2 The mulct tax collected shall be applied toward the 10 3 deficiency in the payment of costs of the action and abatement 10 4 which exist after the application of the proceeds of the sale 10 5 of personal property. The remainder of the tax together with 10 6 the unexpended portion of the proceeds of the sale of personal 10 7 property shall be paid to the treasurer of state for deposit in 10 8 the general fund of the state, except that ten percent of the 10 9 amount of the whole tax collected and of the whole proceeds of 10 10 the sale of the personal property, as provided in this chapter, 10 11 shall be paid by the treasurer to the attorney representing the 10 12 state in the injunction action, at the time of final judgment. 10 13 Sec. 27. Section 99.31, Code 2016, is amended to read as 10 14 follows: 10 15 99.31TaxMulct tax assessed. 10 16 When such nuisance has been found to exist under any 10 17 proceeding in the district court or as in this chapter 10 18 provided, and the owner or agent of such building or ground 10 19 whereon thesamenuisance has been found to exist was not 10 20 a party to such proceeding, nor appeared therein, thesaid 10 21mulct tax of three hundred dollars shall, nevertheless, be 10 22 imposed against the persons served or appearing and against the 10 23 property as set forth in this chapterset forth. 10 24 Sec. 28. Section 99B.3, subsection 4, paragraph b, Code 10 25 2016, is amended to read as follows: 10 26 b. If a request for a hearing is timely received by 10 27 the department, the applicant or licensee shall be given 10 28 an opportunity for a prompt and fair hearing before the 10 29 department and the denial, suspension, or revocation shall be 10 30 deemedsuspendedstayed until the department makes a final 10 31 determination. However, the director may suspend a license 10 32 prior to a hearing if the director finds that the public 10 33 integrity of the licensed activity is compromised or there is a 10 34 risk to public health, safety, or welfare. In addition, at any 10 35 time during or prior to the hearing the department may rescind 11 1 the notice of the denial, suspension, or revocation upon being 11 2 satisfied that the reasons for the denial, suspension, or 11 3 revocation have been or will be removed. On the basis of any 11 4 such hearing, the determination involved in the notice may be 11 5 affirmed, modified, or set aside by the department in a written 11 6 decision. 11 7 Sec. 29. Section 99B.55, subsection 3, paragraph b, 11 8 subparagraph (2), Code 2016, is amended to read as follows: 11 9 (2) If a request for a hearing is timely received by 11 10 the department, the applicant or registrant shall be given 11 11 an opportunity for a prompt and fair hearing before the 11 12 department and the denial, suspension, or revocation shall be 11 13 deemedsuspendedstayed until the department makes a final 11 14 determination. However, the director of the department may 11 15 suspend a registration prior to a hearing if the director 11 16 finds that the public integrity of the registered activity 11 17 is compromised or there is a risk to public health, safety, 11 18 or welfare. In addition, at any time during or prior to the 11 19 hearing, the department may rescind the notice of the denial, 11 20 suspension, or revocation upon being satisfied that the reasons 11 21 for the denial, suspension, or revocation have been or will 11 22 be removed. On the basis of any such hearing, the proposed 11 23 action in the notice may be affirmed, modified, or set aside by 11 24 the department in a written decision. The procedure governing 11 25 hearings authorized by thisparagraphsubparagraph shall be in 11 26 accordance with the rulespromulgatedadopted by the department 11 27 and chapter 17A. 11 28 Sec. 30. Section 99F.15, subsection 6, paragraph a, Code 11 29 2016, is amended to read as follows: 11 30 a. A person who places, removes, increases, or decreases a 11 31 bet after acquiring knowledge of the outcome of the gambling 11 32 game which is the subject of the bet orto aidwho aids a 11 33 person in acquiring the knowledge for the purpose of placing, 11 34 removing, increasing, or decreasing a bet contingent on that 11 35 outcome commits the offense of unlawful betting. 12 1 Sec. 31. Section 123.9, subsection 5, Code 2016, is amended 12 2 to read as follows: 12 3 5. To grant and issue beer permits, wine permits, special 12 4 permits, liquor control licenses, and other licenses; and to 12 5 suspend or revoke all such permits and licenses for cause under 12 6 this chapter. 12 7 Sec. 32. Section 123.48, Code 2016, is amended to read as 12 8 follows: 12 9 123.48 Seizure of false or altered driver's license or 12 10nonoperatornonoperator's identification card. 12 11 1. If a liquor control licensee or wine or beer permittee 12 12 or an employee of the licensee or permittee has a reasonable 12 13 belief based on factual evidence that a driver's license as 12 14 defined in section 321.1, subsection 20A, ornonoperator 12 15nonoperator's identification card issued pursuant to section 12 16 321.190 offered by a person who wishes to purchase an alcoholic 12 17 beverage at the licensed premises is altered or falsified or 12 18 belongs to another person, the licensee, permittee, or employee 12 19 may retain the driver's license ornonoperatornonoperator's 12 20 identification card. Within twenty=four hours, the license or 12 21 card shall be delivered to the appropriate city or county law 12 22 enforcement agency of the jurisdiction in which the licensed 12 23 premises is located. When the license or card is delivered 12 24 to the appropriate law enforcement agency, the licensee shall 12 25 file a written report of the circumstances under which the 12 26 license or card was retained. The local law enforcement 12 27 agency may investigate whether a violation of section 321.216, 12 28 321.216A, or 321.216B has occurred. If an investigation is not 12 29 initiated or a probable cause is not established by the local 12 30 law enforcement agency, the driver's license ornonoperator 12 31nonoperator's identification card shall be delivered to the 12 32 person to whom it was issued. The local law enforcement 12 33 agency may forward the license or card with the report to the 12 34 department of transportation for investigation, in which case, 12 35 the department may investigate whether a violation of section 13 1 321.216, 321.216A, or 321.216B has occurred. The department of 13 2 transportation shall return the license or card to the person 13 3 to whom it was issued if an investigation is not initiated or a 13 4 probable cause is not established. 13 5 2. Upon taking possession ofana driver's license or 13 6 nonoperator's identification card as provided in subsection 1, 13 7 a receipt for the license or card with the date and hour of 13 8 seizure noted shall be provided to the person from whom the 13 9 license or card was seized. 13 10 3. A liquor control licensee or wine or beer permittee or 13 11 an employee of the licensee or permittee is not subject to 13 12 criminal prosecution for, or to civil liability for damages 13 13 alleged to have resulted from, the retention and delivery of a 13 14 driver's license or anonoperatornonoperator's identification 13 15 card which is taken pursuant to subsections 1 and 2. This 13 16 section shall not be construed to relieve a licensee, 13 17 permittee, or employee of the licensee or permittee from civil 13 18 liability for damages resulting from the use of unreasonable 13 19 force in obtaining the altered or falsified driver's license or 13 20 nonoperator's identification card or the driver's license or 13 21 nonoperator's identification card believed to belong to another 13 22 person. 13 23 Sec. 33. Section 123.124, Code 2016, is amended to read as 13 24 follows: 13 25 123.124 Beer permits ==== classes. 13 26 Permits for the manufacture and sale, or sale, of beer shall 13 27 be divided into six classes, known as class "A", special class 13 28 "A", class "AA", special class "AA", class "B", or class "C" 13 29 beer permits. A class "A" beer permit allows the holder to 13 30 manufacture and sell beer at wholesale. A holder of a special 13 31 class "A" beer permit may only manufacture beer to be consumed 13 32 on the licensed premises for which the person also holds a 13 33 class "C" liquor control license or class "B" beer permit, to 13 34 be sold to a class "A" beer permittee for resale purposes, 13 35 and to be sold to distributors outside of the state that are 14 1 authorized by the laws of that jurisdiction to sell beer at 14 2 wholesale. A class "AA" beer permit allows the holder to 14 3 manufacture and sell high alcoholic content beer at wholesale. 14 4 A holder of a special class "AA" beer permit may only 14 5 manufacture high alcoholic content beer to be consumed on the 14 6 licensed premises for which the person also holds a class "C" 14 7 liquor control license or class "B" beer permit, to be sold to 14 8 a class "AA" beer permittee for resale purposes, and to be sold 14 9 to distributors outside of the state that are authorized by the 14 10 laws of that jurisdiction to sell high alcoholic content beer 14 11 at wholesale. A class "B" beer permit allows the holder to 14 12 sell beer to consumers at retail for consumption on or off the 14 13 premises. A class "C" beer permit allows the holder to sell 14 14 beer to consumers at retail for consumption off the premises. 14 15 Sec. 34. Section 123.127, subsection 1, unnumbered 14 16 paragraph 1, Code 2016, is amended to read as follows: 14 17 A class "A", class "AA", special class "A", or special class 14 18 "AA" beer permit shall be issued by the administrator to any 14 19 person who: 14 20 Sec. 35. Section 123.127, subsection 2, Code 2016, is 14 21 amended to read as follows: 14 22 2. An applicant for a special class "A" or special class 14 23 "AA" beer permit shall comply with the requirements for a 14 24 class "A" or class "AA" beer permit, as applicable, and shall 14 25 also state on the application that the applicant holds or has 14 26 applied for a class "C" liquor control license or class "B" 14 27 beer permit. 14 28 Sec. 36. Section 123.128, unnumbered paragraph 1, Code 14 29 2016, is amended to read as follows: 14 30 A class "B" beer permit shall be issued by the administrator 14 31 to any person who: 14 32 Sec. 37. Section 123.129, subsection 1, Code 2016, is 14 33 amended to read as follows: 14 34 1. A class "C" beer permit shall not be issued to any person 14 35 except the owner or proprietor of a grocery store or pharmacy. 15 1 Sec. 38. Section 123.129, subsection 2, unnumbered 15 2 paragraph 1, Code 2016, is amended to read as follows: 15 3 A class "C" beer permit shall be issued by the administrator 15 4 to any person who is the owner or proprietor of a grocery store 15 5 or pharmacy, who: 15 6 Sec. 39. Section 123.130, Code 2016, is amended to read as 15 7 follows: 15 8 123.130 Authority under class "A", class "AA", special class 15 9 "A", and special class "AA" beer permits. 15 10 1. Any person holding a class "A" or class "AA" beer permit 15 11 issued by the division shall be authorized to manufacture 15 12 and sell, or sell at wholesale, beer for consumption off the 15 13 premises, such sales within the state to be made only to 15 14 persons holding subsisting class "A", "B", or "C" beer permits, 15 15 or liquor control licenses issued in accordance with the 15 16 provisions of this chapter. A class "A", class "AA", special 15 17 class "A", or special class "AA" beer permit does not grant 15 18 authority to manufacture wine as defined in section 123.3, 15 19 subsection 47. 15 20 2. All class "A" and class "AA" premises shall be located 15 21 within the state. All beer received by the holder of a 15 22 class "A" or class "AA" beer permit from the holder of a 15 23 certificate of compliance before being resold must first come 15 24 to rest on the licensed premises of the permit holder, must be 15 25 inventoried, and is subject to the barrel tax when resold as 15 26 provided in section 123.136. A class "A" or class "AA" beer 15 27 permittee shall not store beer overnight except on premises 15 28 licensed under a class "A" or class "AA" beer permit. 15 29 3. All special class "A" and special class "AA" premises 15 30 shall be located within the state. A person who holds a 15 31 special class "A" or special class "AA" beer permit for the 15 32 same location at which the person holds a class "C" liquor 15 33 control license or class "B" beer permit may manufacture and 15 34 sell beer to be consumed on the premises, may sell beer to a 15 35 class "A" or class "AA" beer permittee for resale purposes, 16 1 and may sell beer to distributors outside of the state that 16 2 are authorized by the laws of that jurisdiction to sell beer 16 3 at wholesale. 16 4 Sec. 40. Section 123.131, Code 2016, is amended to read as 16 5 follows: 16 6 123.131 Authority under class "B" beer permit. 16 7 Subject to the provisions of this chapter, any person 16 8 holding a class "B" beer permit shall be authorized to sell 16 9 beer for consumption on or off the premises. However, unless 16 10 otherwise provided in this chapter, no sale of beer shall 16 11 be made for consumption on the premises unless the place 16 12 where such service is made is equipped with tables and seats 16 13 sufficient to accommodate not less than twenty=five persons at 16 14 one time. 16 15 Sec. 41. Section 123.132, Code 2016, is amended to read as 16 16 follows: 16 17 123.132 Authority under class "C" beer permit. 16 18 1. The holder of a class "C" beer permit shall be allowed 16 19 to sell beer to consumers at retail for consumption off the 16 20 premises. The sales made pursuant to this section shall be 16 21 made in original containers except as provided in subsection 2. 16 22 2. Subject to the rules of the division, sales made pursuant 16 23 to this section may be made in a container other than the 16 24 original container only if all of the following requirements 16 25 are met: 16 26 a. The beer is transferred from the original container to 16 27 the container to be sold on the licensed premises at the time 16 28 of sale. 16 29 b. The person transferring the beer from the original 16 30 container to the container to be sold shall be eighteen years 16 31 of age or more. 16 32 c. The container to be sold shall be no larger than 16 33 seventy=two ounces. 16 34 d. The container to be sold shall be securely sealed by a 16 35 method authorized by the division that is designed so that if 17 1 the sealed container is reopened or the seal tampered with, it 17 2 is visibly apparent that the seal on the container of beer has 17 3 been tampered with or the sealed container has otherwise been 17 4 reopened. 17 5 3. A container of beer other than the original container 17 6 that is sold and sealed in compliance with the requirements of 17 7 subsection 2 and the division's rules shall not be deemed an 17 8 open container subject to the requirements of sections 321.284 17 9 and 321.284A if the sealed container is unopened and the seal 17 10 has not been tampered with, and the contents of the container 17 11 have not been partially removed. 17 12 4. The holder of a class "C" beer permit or the permittee's 17 13 agents or employees shall not sell beer to other retail license 17 14 or permit holders knowing or having reasonable cause to believe 17 15 that the beer will be resold in another licensed establishment. 17 16 Sec. 42. Section 123.134, subsections 1 and 2, Code 2016, 17 17 are amended to read as follows: 17 18 1. The annual permit fee for a class "A" or special class 17 19 "A" beer permit is two hundred fifty dollars. 17 20 2. The annual permit fee for a class "AA" or special class 17 21 "AA" beer permit is five hundred dollars. 17 22 Sec. 43. Section 123.134, subsection 3, unnumbered 17 23 paragraph 1, Code 2016, is amended to read as follows: 17 24 The annual permit fee for a class "B" beer permit shall be 17 25 graduated according to population as follows: 17 26 Sec. 44. Section 123.134, subsection 4, unnumbered 17 27 paragraph 1, Code 2016, is amended to read as follows: 17 28 The annual permit fee for a class "C" beer permit shall be 17 29 graduated on the basis of the amount of interior floor space 17 30 which comprises the retail sales area of the premises covered 17 31 by the permit, as follows: 17 32 Sec. 45. Section 123.135, subsections 3, 4, and 5, Code 17 33 2016, are amended to read as follows: 17 34 3. All class "A" and class "AA" beer permit holders shall 17 35 sell only those brands of beer which are manufactured, brewed, 18 1 bottled, shipped, or imported by a person holding a current 18 2 certificate of compliance. Any employee or agent working for 18 3 or representing the holder of a certificate of compliance 18 4 within this state shall submit electronically, or in a manner 18 5 prescribed by the administrator, the employee's or agent's name 18 6 and address with the division. 18 7 4. It shall be unlawful for any holder of a certificate of 18 8 compliance or the holder's agent, or any class "A" or class 18 9 "AA" beer permit holder or the beer permit holder's agent, to 18 10 grant to any retail beer permit holder, directly or indirectly, 18 11 any rebates, free goods, or quantity discounts on beer which 18 12 are not uniformly offered to all retail permittees. 18 13 5. Notwithstanding any other penalties provided by this 18 14 chapter, any holder of a certificate of compliance or any class 18 15 "A" or class "AA" beer permit holder who violates this chapter 18 16 or the rules adopted pursuant to this chapter is subject to a 18 17 civil penalty not to exceed one thousand dollars or suspension 18 18 of the holder's certificate or permit for a period not to 18 19 exceed one year, or both such civil penalty and suspension. 18 20 Civil penalties imposed under this section shall be collected 18 21 and retained by the division. 18 22 Sec. 46. Section 123.136, subsection 1, Code 2016, is 18 23 amended to read as follows: 18 24 1. In addition to the annual permit fee to be paid by all 18 25 class "A" and class "AA" beer permittees under this chapter 18 26 there shall be levied and collected from the permittees on all 18 27 beer manufactured for sale or sold in this state at wholesale 18 28 and on all beer imported into this state for sale at wholesale 18 29 and sold in this state at wholesale, and from special class "A" 18 30 and special class "AA" beer permittees on all beer manufactured 18 31 for consumption on the premises, a tax of five and eighty=nine 18 32 hundredths dollars for every barrel containing thirty=one 18 33 gallons, and at a like rate for any other quantity or for the 18 34 fractional part of a barrel. However, no tax shall be levied 18 35 or collected on beer shipped outside this state by a class "A" 19 1 or class "AA" beer permittee or sold by one class "A" or class 19 2 "AA" beer permittee to another class "A" or class "AA" beer 19 3 permittee. 19 4 Sec. 47. Section 123.137, subsection 1, Code 2016, is 19 5 amended to read as follows: 19 6 1. A person holding a class "A", class "AA", special class 19 7 "A", or special class "AA" beer permit shall, on or before the 19 8 tenth day of each calendar month commencing on the tenth day of 19 9 the calendar month following the month in which the person is 19 10 issued a beer permit, make a report under oath to the division 19 11 electronically, or in a manner prescribed by the administrator, 19 12 showing the exact number of barrels of beer, or fractional 19 13 parts of barrels, sold by the beer permit holder during 19 14 the preceding calendar month. The report shall also state 19 15 information the administrator requires, and beer permit holders 19 16 shall at the time of filing a report pay to the division the 19 17 amount of tax due at the rate fixed in section 123.136. 19 18 Sec. 48. Section 123.138, subsection 1, Code 2016, is 19 19 amended to read as follows: 19 20 1. Each class "A", class "AA", special class "A", or special 19 21 class "AA" beer permittee shall keep proper records showing the 19 22 amount of beer sold by the permittee, and these records shall 19 23 be at all times open to inspection by the administrator and to 19 24 other persons pursuant to section 123.30, subsection 1. Each 19 25 class "B" beer permittee, class "C" beer permittee, or retail 19 26 liquor control licensee shall keep proper records showing each 19 27 purchase of beer made by the permittee or licensee, and the 19 28 date and the amount of each purchase and the name of the person 19 29 from whom each purchase was made, which records shall be open 19 30 to inspection pursuant to section 123.30, subsection 1, during 19 31 normal business hours of the permittee or licensee. 19 32 Sec. 49. Section 123.139, Code 2016, is amended to read as 19 33 follows: 19 34 123.139 Separate locations ==== class "A", class "AA", special 19 35 class "A", special class "AA". 20 1 A class "A", class "AA", special class "A", or special class 20 2 "AA" beer permittee having more than one place of business is 20 3 required to have a separate beer permit for each separate place 20 4 of business maintained by the permittee where beer is stored, 20 5 warehoused, or sold. 20 6 Sec. 50. Section 123.140, Code 2016, is amended to read as 20 7 follows: 20 8 123.140 Separate locations ==== class "B" or "C". 20 9 Every person holding a class "B" or class "C" beer permit 20 10 having more than one place of business where such beer is sold 20 11 which places do not constitute a single premises within the 20 12 meaning of section 123.3, subsection 25 shall be required to 20 13 have a separate license for each separate place of business, 20 14 except as otherwise provided by this chapter. 20 15 Sec. 51. Section 123.141, Code 2016, is amended to read as 20 16 follows: 20 17 123.141 Keeping liquor where beer is sold. 20 18 No alcoholic liquor for beverage purposes shall be used, 20 19 or kept for any purpose in the place of business of class "B" 20 20 beer permittees, or on the premises of such class "B" beer 20 21 permittees, at any time. A violation of any provision of 20 22 this section shall be grounds for suspension or revocation 20 23 of the beer permit pursuant to section 123.50, subsection 20 24 3. This section shall not apply in any manner or in any way 20 25 to the premises of any hotel or motel for which a class "B" 20 26 beer permit has been issued, other than that part of such 20 27 premises regularly used by the hotel or motel for the principal 20 28 purpose of selling beer or food to the general public; or to 20 29 drug stores regularly and continuously employing a registered 20 30 pharmacist, from having alcohol in stock for medicinal and 20 31 compounding purposes. 20 32 Sec. 52. Section 123.142, Code 2016, is amended to read as 20 33 follows: 20 34 123.142 Unlawful sale and importation. 20 35 1. It is unlawful for the holder of a class "B" or class 21 1 "C" beer permit issued under this chapter to sell beer, except 21 2 beer brewed on the premises covered by a special class "A" 21 3 or special class "AA" beer permit or beer purchased from a 21 4 person holding a class "A" or class "AA" beer permit issued in 21 5 accordance with this chapter, and on which the tax provided in 21 6 section 123.136 has been paid. However, this section does not 21 7 apply to class "D" liquor control licensees as provided in this 21 8 chapter. 21 9 2. It shall be unlawful for any person not holding a class 21 10 "A" or class "AA" beer permit to import beer into this state 21 11 for the purpose of sale or resale. 21 12 Sec. 53. Section 123.143, subsection 3, Code 2016, is 21 13 amended to read as follows: 21 14 3. Barrel tax revenues collected on beer manufactured in 21 15 this state from a class "A" or class "AA" beer permittee which 21 16 owns and operates a brewery located in Iowa shall be credited 21 17 to the barrel tax fund hereby created in the office of the 21 18 treasurer of state. Moneys deposited in the barrel tax fund 21 19 shall not revert to the general fund of the state without a 21 20 specific appropriation by the general assembly. Moneys in the 21 21 barrel tax fund are appropriated to the economic development 21 22 authority for purposes of section 15E.117. 21 23 Sec. 54. Section 123.144, subsection 1, Code 2016, is 21 24 amended to read as follows: 21 25 1. No person shall bottle beer within the state of Iowa, 21 26 except class "A", special class "A", class "AA", and special 21 27 class "AA" beer permittees who have complete equipment for 21 28 bottling beer and who have received the approval of the local 21 29 board of health as to sanitation. It shall be the duty of local 21 30 boards of health to inspect the premises and equipment of class 21 31 "A", special class "A", class "AA", and special class "AA" beer 21 32 permittees who desire to bottle beer. 21 33 Sec. 55. Section 135.175, subsection 1, paragraph a, Code 21 34 2016, is amended to read as follows: 21 35 a. A health care workforce support initiative is established 22 1 to provide for the coordination and support of various efforts 22 2 to address the health care workforce shortage in this state. 22 3 This initiative shall include the medical residency training 22 4 state matching grants program created in section 135.176, 22 5 the nurse residency state matching grants program created in 22 6 section 135.178,and the fulfilling Iowa's need for dentists 22 7 matching grant program created in section 135.179, the health 22 8 care professional incentive payment program and Iowa needs 22 9 nurses now initiative created in sections 261.128 and 261.129, 22 10 the safety net provider recruitment and retention initiatives 22 11 program created in section 135.153A, health care workforce 22 12 shortage national initiatives, and the physician assistant 22 13 mental health fellowship program created in section 135.177. 22 14 Sec. 56. Section 135.175, subsection 6, paragraphs a and c, 22 15 Code 2016, are amended to read as follows: 22 16 a. Moneys in the fund and the accounts in the fund 22 17 shall only be appropriated in a manner consistent with the 22 18 principles specified and the strategic plan developed pursuant 22 19 to sections 135.163 and 135.164 to support the medical 22 20 residency training state matching grants program,the nurse 22 21 residency state matching grants program,the fulfilling Iowa's 22 22 need for dentists matching grant program,the health care 22 23 professional incentive payment program, the Iowa needs nurses 22 24 now initiative, the safety net recruitment and retention 22 25 initiatives program, for national health care workforce 22 26 shortage initiatives, for the physician assistant mental health 22 27 fellowship program, for the purposes of the Iowa needs nurses 22 28 now infrastructure account,and to provide funding for state 22 29 health care workforce shortage programs as provided in this 22 30 section. 22 31 c. State appropriations to the fund shall be allocated in 22 32 equal amounts to each of the accounts within the fund, unless 22 33 otherwise specified in the appropriation or allocation. Any 22 34 federal funding received for the purposes of addressing state 22 35 health care workforce shortages shall be deposited in the 23 1 health care workforce shortage national initiatives account, 23 2 unless otherwise specified by the source of the funds, and 23 3 shall be used as required by the source of the funds. If 23 4 use of the federal funding is not designated,twenty=five 23 5 percent of such funding shall be deposited in the safety net 23 6 provider network workforce shortage account to be used for the 23 7 purposes of the account and the remainder ofthe funds shall 23 8 be used in accordance with the strategic plan developed by the 23 9 department of public health in accordance with sections 135.163 23 10 and 135.164, or to address workforce shortages as otherwise 23 11 designated by the department of public health. Other sources 23 12 of funding shall be deposited in the fund or account and used 23 13 as specified by the source of the funding. 23 14 Sec. 57. Section 135.176, subsection 2, paragraph a, 23 15 subparagraph (1), Code 2016, is amended to read as follows: 23 16 (1) A sponsor shall demonstrate that funds have been 23 17 budgeted and will be expended by the sponsor in the amount 23 18 required to provide matching funds for each residency position 23 19 proposed in the request for state matching funds. 23 20 Sec. 58. Section 135.185, subsection 1, paragraph b, Code 23 21 2016, is amended to read as follows: 23 22 b. "Facility" means a food establishment as defined in 23 23 section 137F.1, a carnival as defined in section 88A.1, a 23 24 recreational camp, a youth sports facility, or a sportsarea 23 25arena. 23 26 Sec. 59. Section 135C.42, subsection 3, Code 2016, is 23 27 amended to read as follows: 23 28 3.The department shall hold theAn informal conference, as 23 29 required in this section, shall be held concurrently with any 23 30 informal dispute resolution held pursuant to 42 C.F.R. {488.331 23 31 for those health care facilities certified under Medicare or 23 32 the medical assistance program. 23 33 Sec. 60. Section 144D.1, subsection 9, Code 2016, is amended 23 34 to read as follows: 23 35 9. "Patient" means an individual who is frail and elderly 24 1 or who has a chronic, critical medical condition or a terminal 24 2 illness and for which a physician orders for scope of treatment 24 3 form is consistent with the individual's goals of care. 24 4 Sec. 61. Section 153.33, Code 2016, is amended to read as 24 5 follows: 24 6 153.33 Powers of board. 24 7 1. Subject to the provisions of this chapter, any provision 24 8 of this subtitle to the contrary notwithstanding, the board 24 9 shall exercise the following powers: 24 101.a. (1) To initiate investigations of and conduct 24 11 hearings on all matters or complaints relating to the practice 24 12 of dentistry, dental hygiene, or dental assisting or pertaining 24 13 to the enforcement of any provision of this chapter, to provide 24 14 for mediation of disputes between licensees or registrants and 24 15 their patients when specifically recommended by the board, to 24 16 revoke or suspend licenses or registrations, or the renewal 24 17 thereof, issued under this or any prior chapter, to provide for 24 18 restitution to patients, and to otherwise discipline licensees 24 19 and registrants. 24 20b.(2) Subsequent to an investigation by the board, the 24 21 board may appoint a disinterested third party to mediate 24 22 disputes between licensees or registrants and patients. 24 23 Referral of a matter to mediation shall not preclude the board 24 24 from taking disciplinary action against the affected licensee 24 25 or registrant. 24 262.b. To appoint investigators, who shall not be members 24 27 of the board, to administer and aid in the enforcement of 24 28 the provisions of law relating to those persons licensed to 24 29 practice dentistry and dental hygiene, and persons registered 24 30 as dental assistants. The amount of compensation for the 24 31 investigators shall be determined pursuant to chapter 8A, 24 32 subchapter IV. Investigators authorized by the board have the 24 33 powers and status of peace officers when enforcing this chapter 24 34 and chapters 147 and 272C. 24 353. All employees needed to administer this chapter except 25 1 the executive director shall be appointed pursuant to the merit 25 2 system. The executive director shall serve at the pleasure of 25 3 the board and shall be exempt from the merit system provisions 25 4 of chapter 8A, subchapter IV.25 54.c. To initiate in its own name or cause to be initiated 25 6 in a proper court appropriate civil proceedings against any 25 7 person to enforce the provisions of this chapter or this 25 8 subtitle relating to the practice of dentistry, and the board 25 9 may have the benefit of counsel in connection therewith. Any 25 10 such judicial proceeding as may be initiated by the board shall 25 11 be commenced and prosecuted in the same manner as any other 25 12 civil action and injunctive relief may be granted therein 25 13 without proof of actual damage sustained by any person but such 25 14 injunctive relief shall not relieve the person so enjoined from 25 15 criminal prosecution by the attorney general or county attorney 25 16 for violation of any provision of this chapter or this subtitle 25 17 relating to the practice of dentistry. 25 18 d. To adopt rules regarding infection control in dental 25 19 practice which are consistent with standards of the federal 25 20 Occupational Safety and Health Act of 1970, 29 U.S.C. {651 = 25 21 678, and recommendations of the centers for disease control. 25 22 e. To promulgate rules as may be necessary to implement the 25 23 provisions of this chapter. 25 24 2. All employees needed to administer this chapter except 25 25 the executive director shall be appointed pursuant to the merit 25 26 system. The executive director shall serve at the pleasure of 25 27 the board and shall be exempt from the merit system provisions 25 28 of chapter 8A, subchapter IV. 25 295.3. In any investigation made or hearing conducted by the 25 30 board on its own motion, or upon written complaint filed with 25 31 the board by any person, pertaining to any alleged violation 25 32 of this chapter or the accusation against any licensee or 25 33 registrant, the following procedure and rules so far as 25 34 material to such investigation or hearing shall obtain: 25 35 a. The accusation of such person against any licensee 26 1 or registrant shall be reduced to writing, verified by some 26 2 person familiar with the facts therein stated, and three copies 26 3 thereof filed with the board. 26 4 b. If the board shall deem the charges sufficient, if true, 26 5 to warrant suspension or revocation of license or registration, 26 6 it shall make an order fixing the time and place for hearing 26 7 thereon and requiring the licensee or registrant to appear 26 8 and answer thereto, such order, together with a copy of the 26 9 charges so made to be served upon the accused at least twenty 26 10 days before the date fixed for hearing, either personally or 26 11 by certified or registered mail, sent to the licensee's or 26 12 registrant's last known post office address as shown by the 26 13 records of the board. 26 14 c. At the time and place fixed in said notice for said 26 15 hearing, or at any time and place to which the said hearing 26 16 shall be adjourned, the board shall hear the matter and 26 17 may take evidence, administer oaths, take the deposition of 26 18 witnesses, including the person accused, in the manner provided 26 19 by law in civil cases, compel the appearance of witnesses 26 20 before it in person the same as in civil cases by subpoena 26 21 issued over the signature of the chairperson of the board 26 22 and in the name of the state of Iowa, require answers to 26 23 interrogatories and compel the production of books, papers, 26 24 accounts, documents and testimony pertaining to the matter 26 25 under investigation or relating to the hearing. 26 26 d. In all such investigations and hearings pertaining to 26 27 the suspension or revocation of licenses or registrations, the 26 28 board and any person affected thereby may have the benefit of 26 29 counsel, and upon the request of the licensee or registrant or 26 30 the licensee's or registrant's counsel the board shall issue 26 31 subpoenas for the attendance of such witnesses in behalf of the 26 32 licensee or registrant, which subpoenas when issued shall be 26 33 delivered to the licensee or registrant or the licensee's or 26 34 registrant's counsel. Such subpoenas for the attendance of 26 35 witnesses shall be effective if served upon the person named 27 1 therein anywhere within this state, provided, that at the time 27 2 of such service the fees now or hereafter provided by law for 27 3 witnesses in civil cases in district court shall be paid or 27 4 tendered to such person. 27 5 e. In case of disobedience of a subpoena lawfully served 27 6 hereunder, the board or any party to such hearing aggrieved 27 7 thereby may invoke the aid of the district court in the county 27 8 where such hearing is being conducted to require the attendance 27 9 and testimony of such witnesses. Such district court of the 27 10 county within which the hearing is being conducted may, in 27 11 case of contumacy or refusal to obey such subpoena, issue an 27 12 order requiring such person to appear before said board, and if 27 13 so ordered give evidence touching the matter involved in the 27 14 hearing. Any failure to obey such order of the court may be 27 15 punished by such court as a contempt thereof. 27 16 f. If the licensee or registrant pleads guilty, or after 27 17 hearing shall be found guilty by the board of any of the 27 18 charges made, it may suspend for a limited period or revoke 27 19 the license or registration, and the last renewal thereof, and 27 20 shall enter the order on its records and notify the accused 27 21 of the revocation or suspension of the person's license or 27 22 registration, as the case may be, who shall thereupon forthwith 27 23 surrender that license or registration to the board. Any such 27 24 person whose license or registration has been so revoked or 27 25 suspended shall not thereafter and while such revocation or 27 26 suspension is in force and effect practice dentistry, dental 27 27 hygiene, or dental assisting within this state. 27 28 g. The findings of fact made by the board acting within 27 29 its power shall, in the absence of fraud, be conclusive, but 27 30 the district court shall have power to review questions of law 27 31 involved in any final decision or determination of the board; 27 32 provided, that application is made by the aggrieved party 27 33 within thirty days after such determination by certiorari, 27 34 mandamus or such other method of review or appeal permitted 27 35 under the laws of this state, and to make such further orders 28 1 in respect thereto as justice may require. 28 2 h. Pending the review and final disposition thereof by the 28 3 district court, the action of the board suspending or revoking 28 4 such license or registration shall not be stayed. 28 56. To adopt rules regarding infection control in dental 28 6 practice which are consistent with standards of the federal 28 7 Occupational Safety and Health Act of 1970, 29 U.S.C. {651 = 28 8 678, and recommendations of the centers for disease control.28 97.4. An inspector may be appointed by the dental board 28 10 pursuant to the provisions of chapter 8A, subchapter IV. 28 118. To promulgate rules as may be necessary to implement the 28 12 provisions of this chapter.28 13 Sec. 62. Section 192.110, subsection 1, Code 2016, is 28 14 amended to read as follows: 28 15 1. The person has a pasteurized milk and milk products 28 16 sanitation compliance rating of ninety percent or more as 28 17 calculated according to the rating system as contained in 28 18 rules adopted by the department incorporating or incorporating 28 19 by reference the federal publications entitled "Procedures 28 20 Governing the Cooperative State=Public Health Service/Food 28 21 and Drug Administration Programfor Certificationof the 28 22 National Conference on Interstate Milk Shipments" and "Methods 28 23 of Making Sanitation Ratings of Milk Shippers". A copy of 28 24 each publication shall be on file with the department or in 28 25 the office of the person subject to an inspection contract as 28 26 provided in section 192.108. 28 27 Sec. 63. Section 192.118, subsection 1, Code 2016, is 28 28 amended to read as follows: 28 29 1. Toinsureensure uniformity in the tests and reporting, 28 30 an employee certified by the United States public health 28 31 service of the bacteriological laboratory of the department 28 32 shall annually certify, in accordance with rules adopted by 28 33 the department incorporating or incorporating by reference the 28 34 federal publication entitled "Evaluation of Milk Laboratories", 28 35 all laboratories doing work in the sanitary quality of 29 1 milk and dairy products for public report. The approval by 29 2 the department shall be based on the evaluation of these 29 3 laboratories as to personnel training, laboratory methods 29 4 used, and reporting. The results on tests made by approved 29 5 laboratories shall be reported to the department on request, 29 6 on forms prescribed by the secretary of agriculture, and such 29 7 reports may be used by the department. 29 8 Sec. 64. Section 206.2, subsection 24, Code 2016, is amended 29 9 by striking the subsection. 29 10 Sec. 65. Section 218.95, subsection 1, paragraph h, Code 29 11 2016, is amended by striking the paragraph. 29 12 Sec. 66. Section 222.6, Code 2016, is amended to read as 29 13 follows: 29 14 222.6 State districts. 29 15 The administrator shall divide the state into two districts 29 16 in such manner that one of the resource centers shall be 29 17 located within each of the districts. Such districts may 29 18 from time to time be changed. After such districts have been 29 19 established, the administrator shall notify all boards of 29 20 supervisors, regional administratorsof the mental health and 29 21 disability services regions, and clerks of the district courts 29 22 of the action. Thereafter, unless the administrator otherwise 29 23 orders, all admissions of persons with an intellectual 29 24 disability from a district shall be to the resource center 29 25 located within such district. 29 26 Sec. 67. Section 222.12, subsection 2, Code 2016, is amended 29 27 to read as follows: 29 28 2. Notice of the death of the patient, and the cause 29 29 of death, shall be sent to the regional administratorof 29 30 the mental health and disability services region offor the 29 31 patient's county of residence. The fact of death with the 29 32 time, place, and alleged cause shall be entered upon the docket 29 33 of the court. 29 34 Sec. 68. Section 225.10, unnumbered paragraph 1, Code 2016, 29 35 is amended to read as follows: 30 1 Persons suffering from mental diseases may be admitted to 30 2 the state psychiatric hospital as voluntary public patients 30 3 if a physician authorized to practice medicine or osteopathic 30 4 medicine in the state of Iowa files information with the 30 5 regional administratoroffor the person's county of residence, 30 6 stating all of the following: 30 7 Sec. 69. Section 225.13, Code 2016, is amended to read as 30 8 follows: 30 9 225.13 Financial condition. 30 10 The regional administratoroffor the county of residence 30 11 of a person being admitted to the state psychiatric hospital 30 12 is responsible for investigating the financial condition of 30 13 the person and of those legally responsible for the person's 30 14 support. 30 15 Sec. 70. Section 225.15, subsection 2, Code 2016, is amended 30 16 to read as follows: 30 17 2. A proper and competent nurse shall also be assigned to 30 18 look after and care for the respondent during observation, 30 19 treatment, and care. Observation, treatment, and hospital 30 20 care under this section which are payable in whole or in part 30 21 by a county shall only be provided as determined through the 30 22 regional administratoroffor the respondent's county of 30 23 residence. 30 24 Sec. 71. Section 225.17, subsection 2, Code 2016, is amended 30 25 to read as follows: 30 26 2. When the respondent arrives at the hospital, the 30 27 respondent shall receive the same treatment as is provided for 30 28 committed public patients in section 225.15, in compliance with 30 29 sections 229.13 to 229.16. However, observation, treatment, 30 30 and hospital care under this section of a respondent whose 30 31 expenses are payable in whole or in part by a county shall only 30 32 be provided as determined through the regional administratorof 30 33for the respondent's county of residence. 30 34 Sec. 72. Section 225C.14, subsection 1, Code 2016, is 30 35 amended to read as follows: 31 1 1. Except in cases of medical emergency, a person shall be 31 2 admitted to a state mental health institute as an inpatient 31 3 only after a preliminary diagnostic evaluation performed 31 4 through the regional administratoroffor the person's county 31 5 of residence has confirmed that the admission is appropriate 31 6 to the person's mental health needs, and that no suitable 31 7 alternative method of providing the needed services in a less 31 8 restrictive setting or in or nearer to the person's home 31 9 community is currently available. If provided for through the 31 10 regional administrator, the evaluation may be performed by a 31 11 community mental health center or by an alternative diagnostic 31 12 facility. The policy established by this section shall be 31 13 implemented in the manner and to the extent prescribed by 31 14 sections 225C.15, 225C.16, and 225C.17. 31 15 Sec. 73. Section 225C.16, subsection 2, Code 2016, is 31 16 amended to read as follows: 31 17 2. The clerk of the district court in that county shall 31 18 refer a person applying for authorization for voluntary 31 19 admission, or for authorization for voluntary admission of 31 20 another person, in accordance with section 229.42, to the 31 21 regional administratoroffor the person's county of residence 31 22 under section 225C.14 for the preliminary diagnostic evaluation 31 23 unless the applicant furnishes a written statement from the 31 24 appropriate entity which indicates that the evaluation has been 31 25 performed and that the person's admission to a state mental 31 26 health institute is appropriate. This subsection does not 31 27 apply when authorization for voluntary admission is sought 31 28 under circumstances which, in the opinion of the chief medical 31 29 officer or that officer's physician designee, constitute a 31 30 medical emergency. 31 31 Sec. 74. Section 225C.19A, Code 2016, is amended to read as 31 32 follows: 31 33 225C.19A Crisis stabilization programs. 31 34 The department shall accredit, certify, or apply standards 31 35 of review to authorize the operation of crisis stabilization 32 1 programs, including crisis stabilization programs operating 32 2 in a psychiatric medical institution for children pursuant 32 3 to chapter 135H that provide children with mental health, 32 4 substance abuse, and co=occurring mental health and substance 32 5 abuse services. In authorizing the operation of a crisis 32 6 stabilization program, the department shall apply the 32 7 relevant requirements for an emergency mental health crisis 32 8 services provider and system under section 225C.19. A program 32 9 authorized to operate under this section is not required to 32 10 be licensed under chapter 135B, 135C,or135G, or 135H, or 32 11 certified under chapter 231C. The commission shall adopt 32 12 rules to implement this section. The department shall accept 32 13 accreditation of a crisis stabilization program by a national 32 14 accrediting organization in lieu of applying the rules adopted 32 15 in accordance with this section to the program. 32 16 Sec. 75. Section 226.9C, subsection 2, paragraph c, Code 32 17 2016, is amended to read as follows: 32 18 c. (1) Prior to an individual's admission for dual 32 19 diagnosis treatment, the individual shall have been 32 20 prescreened. The person performing the prescreening shall be 32 21 either the mental health professional, as defined in section 32 22 228.1, who is contracting with the regional administrator for 32 23 the county's mental health and disability services region to 32 24 provide the prescreening or a mental health professional with 32 25 the requisite qualifications. A mental health professional 32 26 with the requisite qualifications shall meet all of the 32 27 following qualifications:is32 28 (a) Is a mental health professional as defined in section 32 29 228.1, is. 32 30 (b) Is an alcohol and drug counselor certified by the 32 31 nongovernmental Iowa board of substance abuse certification, 32 32 and is. 32 33 (c) Is employed by or providing services for a facility, as 32 34 defined in section 125.2. 32 35 (2) Prior to an individual's admission for dual diagnosis 33 1 treatment, the individual shall have been screened througha 33 2 county'sthe regional administrator for the county to determine 33 3 the appropriateness of the treatment. 33 4 Sec. 76. Section 227.1, subsection 2, Code 2016, is amended 33 5 to read as follows: 33 6 2. The regulatory requirements for county and private 33 7 institutions where persons with mental illness or an 33 8 intellectual disability are admitted, committed, or placed 33 9 shall beunder the supervision ofadministered by the 33 10 administrator. 33 11 Sec. 77. Section 228.1, subsection 6, paragraph b, Code 33 12 2016, is amended to read as follows: 33 13 b. The individual holds a current Iowa license if 33 14 practicing in a field covered by an Iowa licensure law and is 33 15 a psychiatrist, an advanced registered nurse practitioner who 33 16 holds a national certification in psychiatric mental health 33 17 care and is licensed by the board of nursing, a physician 33 18 assistant practicing under the supervision of a psychiatrist, 33 19 or an individual who holds a doctorate degree in psychology and 33 20 is licensed by the board of psychology. 33 21 Sec. 78. Section 229.13, subsection 1, paragraph a, Code 33 22 2016, is amended to read as follows: 33 23 a. The court shall order a respondent whose expenses are 33 24 payable in whole or in part by a mental health and disability 33 25 services region placed under the care of an appropriate 33 26 hospital or facility designated through thecounty'sregional 33 27 administrator for the county on an inpatient or outpatient 33 28 basis. 33 29 Sec. 79. Section 229.14, subsection 2, paragraph a, Code 33 30 2016, is amended to read as follows: 33 31 a. For a respondent whose expenses are payable in whole 33 32 or in part by a mental health and disability services region, 33 33 placement as designated through thecounty'sregional 33 34 administrator for the county in the care of an appropriate 33 35 hospital or facility on an inpatient or outpatient basis, or 34 1 other appropriate treatment, or in an appropriate alternative 34 2 placement. 34 3 Sec. 80. Section 229.14A, subsections 7 and 9, Code 2016, 34 4 are amended to read as follows: 34 5 7. If a respondent's expenses are payable in whole or in 34 6 part by a mental health and disability services region through 34 7 thecounty'sregional administrator for the county, notice of 34 8 a placement hearing shall be provided to the county attorney 34 9 and the regional administrator. At the hearing, the county may 34 10 present evidence regarding appropriate placement. 34 11 9. A placement made pursuant to an order entered under 34 12 section 229.13 or 229.14 or this section shall be considered 34 13 to be authorized through thecounty'sregional administrator 34 14 for the county. 34 15 Sec. 81. Section 230.1, subsection 3, Code 2016, is amended 34 16 to read as follows: 34 17 3. A mental health and disability services region or county 34 18 of residence is not liable for costs and expenses associated 34 19 with a person with mental illness unless the costs and expenses 34 20 are for services and other support authorized for the person 34 21 through thecounty'sregional administrator for the county. 34 22 For the purposes of this chapter, "regional administrator" means 34 23 the same as defined in section 331.388. 34 24 Sec. 82. Section 230.3, Code 2016, is amended to read as 34 25 follows: 34 26 230.3 Certification of residence. 34 27 If a person's county of residence is determined by the 34 28county'sregional administrator for a county to be in another 34 29 county of this state, the regional administrator making 34 30 the determination shall certify the determination to the 34 31 superintendent of the hospital to which the person is admitted 34 32 or committed. The certification shall be accompanied by a copy 34 33 of the evidence supporting the determination. Upon receiving 34 34 the certification, the superintendent shall charge the expenses 34 35 already incurred and unadjusted, and all future expenses of 35 1 the person, to the regional administratoroffor the county 35 2 determined to be the county of residence. 35 3 Sec. 83. Section 232.2, subsection 4, paragraph f, 35 4 subparagraph (3), Code 2016, is amended to read as follows: 35 5 (3) The transition plan shall be developed and reviewed 35 6 by the department in collaboration with a child=centered 35 7 transition team. The transition team shall be comprised of 35 8 the child's caseworker and persons selected by the child, 35 9 persons who have knowledge of services available to the child, 35 10 and any person who may reasonably be expected to be a service 35 11 provider for the child when the child becomes an adult or to 35 12 become responsible for the costs of services at that time. 35 13 If the child is reasonably likely to need or be eligible for 35 14 adult services, the transition team membership shall include 35 15 representatives from the adult services system. The adult 35 16 services system representatives may include but are not limited 35 17 to the administrator of county general relief under chapter 251 35 18 or 252 or the regional administrator of thecountycounty's 35 19 mental health and disability services region, as defined in 35 20 section 331.388. The membership of the transition team and 35 21 the meeting dates for the team shall be documented in the 35 22 transition plan. 35 23 Sec. 84. Section 234.6, Code 2016, is amended to read as 35 24 follows: 35 25 234.6 Powers and duties of the administrator. 35 26 1. The administrator shall be vested with the authority to 35 27 administer the family investment program, state supplementary 35 28 assistance, food programs, child welfare, and emergency relief, 35 29 family and adult service programs, and any other form of public 35 30 welfare assistance and institutions that are placed under 35 31 the administrator's administration. The administrator shall 35 32 perform duties, formulate and adopt rules as may be necessary; 35 33 shall outline policies, dictate procedure, and delegate 35 34 such powers as may be necessary for competent and efficient 35 35 administration. Subject to restrictions that may be imposed 36 1 by the director of human services and the council on human 36 2 services, the administrator may abolish, alter, consolidate, 36 3 or establish subdivisions and may abolish or change offices 36 4 previously created. The administrator may employ necessary 36 5 personnel and fix their compensation; may allocate or 36 6 reallocate functions and duties among any subdivisions now 36 7 existing or later established; and may adopt rules relating 36 8 to the employment of personnel and the allocation of their 36 9 functions and duties among the various subdivisions as 36 10 competent and efficient administration may require. The 36 11 administrator shall: 36 121.a. Cooperate with the social security administration 36 13 created by the Social Security Act and codified at 42 U.S.C. 36 14 {901, or other agency of the federal government for public 36 15 welfare assistance, in such reasonable manner as may be 36 16 necessary to qualify for federal aid, including the making of 36 17 such reports in such form and containing such information as 36 18 the social security administration, from time to time, may 36 19 require, and to comply with such regulations as such social 36 20 security administration, from time to time, may find necessary 36 21 to assure the correctness and verification of such reports. 36 222.b. Furnish information to acquaint the public generally 36 23 with the operation of the Acts under the jurisdiction of the 36 24 administrator. 36 253.c. With the approval of the director of human services, 36 26 the governor, the director of the department of management, 36 27 and the director of the department of administrative services, 36 28 set up from the funds under the administrator's control and 36 29 management an administrative fund and from the administrative 36 30 fund pay the expenses of operating the division. 36 314.d. Notwithstanding any provisions to the contrary 36 32 in chapter 239B relating to the consideration of income and 36 33 resources of claimants for assistance, the administrator, with 36 34 the consent and approval of the director of human services and 36 35 the council on human services, shall make such rules as may be 37 1 necessary to qualify for federal aid in the assistance programs 37 2 administered by the administrator. 37 35. The department of human services shall have the power 37 4 and authority to use the funds available to it, to purchase 37 5 services of all kinds from public or private agencies to 37 6 provide for the needs of children, including but not limited to 37 7 psychiatric services, supervision, specialized group, foster 37 8 homes and institutional care.37 96.e. Have authority to use funds available to the 37 10 department, subject to any limitations placed on the use 37 11 thereof by the legislation appropriating the funds, to provide 37 12 to or purchase, for families and individuals eligible therefor, 37 13 services including but not limited to the following: 37 14a.(1) Child care for children or adult day services, 37 15 in facilities which are licensed or are approved as meeting 37 16 standards for licensure. 37 17b.(2) Foster care, including foster family care, group 37 18 homes and institutions. 37 19c.(3) Family=centered services, as defined in section 37 20 232.102, subsection 10, paragraph "b". 37 21d.(4) Family planning. 37 22e.(5) Protective services. 37 23f.(6) Services or support provided to a child with an 37 24 intellectual disability or other developmental disability or 37 25 to the child's family. 37 26g.(7) Transportation services. 37 27h.(8) Any services, not otherwise enumerated in this 37 28subsectionparagraph "e", authorized by or pursuant to the 37 29 United States Social Security Act of 1934, as amended. 37 307.f. Administer the food programs authorized by federal 37 31 law, and recommend rules necessary in the administration of 37 32 those programs to the director for promulgation pursuant to 37 33 chapter 17A. 37 348.g. Provide consulting and technical services to the 37 35 director of the department of education, or the director's 38 1 designee, upon request, relating to prekindergarten, 38 2 kindergarten, and before and after school programming and 38 3 facilities. 38 49.h. Recommend rules for their adoption by the council on 38 5 human services for before and after school child care programs, 38 6 conducted within and by or contracted for by school districts, 38 7 that are appropriate for the ages of the children who receive 38 8 services under the programs. 38 9 2. The department of human services shall have the power 38 10 and authority to use the funds available to it, to purchase 38 11 services of all kinds from public or private agencies to 38 12 provide for the needs of children, including but not limited to 38 13 psychiatric services, supervision, specialized group, foster 38 14 homes, and institutional care. 38 1510.3. In determining the reimbursement rate for services 38 16 purchased by the department of human services from a person 38 17 or agency, the department shall not include private moneys 38 18 contributed to the person or agency unless the moneys are 38 19 contributed for services provided to a specific individual. 38 20 Sec. 85. Section 249K.2, subsection 3, Code 2016, is amended 38 21 to read as follows: 38 22 3. "Iowa Medicaid enterprise" means Iowa Medicaid enterprise 38 23 as defined in section135.154135D.2. 38 24 Sec. 86. Section 257.42, Code 2016, is amended to read as 38 25 follows: 38 26 257.42 Gifted and talented children. 38 27 1. Boards of school districts, individually or jointly 38 28 with the boards of other school districts, shall annually 38 29 submit program plans for gifted and talented children programs 38 30 and budget costs to the department of education and to the 38 31 applicable gifted and talented children advisory council, if 38 32 an advisory council has been established, as provided in this 38 33 chapter. 38 34 2. The parent or guardian of a pupil may request that a 38 35 gifted and talented children program be established for pupils 39 1 who qualify as gifted and talented children under section 39 2 257.44, including demonstrated achievement or potential ability 39 3 in a single subject area. 39 4 3. The department of education shall employ one full=time 39 5 qualified staff member or consultant for gifted and talented 39 6 children programs. 39 7 4. The department of education shall adopt rules under 39 8 chapter 17A relating to the administration of this section 39 9 and sections257.42257.43 through 257.49. The rules shall 39 10 prescribe the format of program plans submitted under section 39 11 257.43 and shall require that programs fulfill specified 39 12 objectives. The department shall encourage and assist school 39 13 districts to provide programs for gifted and talented children. 39 14 5. The department of education may request that the staff 39 15 of the auditor of state conduct an independent program audit 39 16 to verify that the gifted and talented programs conform to a 39 17 district's program plans. 39 18 Sec. 87. Section 261.113, subsections 2 and 7, Code 2016, 39 19 are amended to read as follows: 39 20 2. Eligibility. An individual is eligible to apply to enter 39 21 into a program agreement with the commission if the individual 39 22 is enrolled full=time in and receives a recommendation 39 23 from the state university of Iowa college of medicine or 39 24 Des Moines university ==== osteopathic medical center in a 39 25 curriculum leading to a doctor of medicine degree or a doctor 39 26 ofosteopathyosteopathic medicine degree. 39 27 7. Rules for additional loan repayment. The commission 39 28 shall adopt rules to provide, in addition to loan repayment 39 29 provided to eligible students pursuant to this section and 39 30 subject to the availability of surplus funds, loan repayment 39 31 to a physician who received a doctor of medicine orosteopathy 39 32doctor of osteopathic medicine degree from an eligible 39 33 university as provided in subsection 2, obtained a license 39 34 to practice medicine and surgery or osteopathic medicine and 39 35 surgery in this state, completed the physician's residency 40 1 program requirement with an Iowa=based residency program, and 40 2 is engaged in the full=time practice of medicine and surgery 40 3 or osteopathic medicine and surgery as specified in subsection 40 4 3, paragraph "d". 40 5 Sec. 88. Section 261.113, subsection 3, unnumbered 40 6 paragraph 1, Code 2016, is amended to read as follows: 40 7 A program agreement shall be entered into by an eligible 40 8 student and the commission during the eligible student's final 40 9 year of study leading to a doctor of medicine orosteopathy 40 10doctor of osteopathic medicine degree. Under the agreement, to 40 11 receive loan repayments pursuant to subsection 5, an eligible 40 12 student shall agree to and shall fulfill all of the following 40 13 requirements: 40 14 Sec. 89. Section 261.113, subsection 3, paragraph a, Code 40 15 2016, is amended to read as follows: 40 16 a. Receive a doctor of medicine orosteopathydoctor of 40 17 osteopathic medicine degree from an eligible university and 40 18 apply for, enter, and complete a residency program approved by 40 19 the commission. 40 20 Sec. 90. Section 261G.4, subsection 2, Code 2016, is amended 40 21 to read as follows: 40 22 2. Notwithstanding any other provision of law to the 40 23 contrary, a participating resident institution shall be 40 24 required to register under chapter 261B or to comply with the 40 25 registration and disclosure requirements of chapter 261 or 261B 40 26 or section 714.17, subsections 2 and 3, or sections 714.18, 40 27 714.20, 714.21, and 714.23, or section 714.24, subsections 1, 40 28 2, 3, 4, and 5, or section 714.25, if the provisions of the 40 29 interstate reciprocity agreement require such registration or 40 30 compliance. 40 31 Sec. 91. Section 275.1, subsection 3, Code 2016, is amended 40 32 to read as follows: 40 33 3. If a district is attached, division of assets and 40 34 liabilities shall be made as provided in sections 275.29to 40 35through 275.31. The area education agency boards shall develop 41 1 detailed studies and surveys of the school districts within 41 2 the area education agency and all adjacent territory for the 41 3 purpose of providing for reorganization of school districts in 41 4 order to effect more economical operation and the attainment 41 5 of higher standards of education in the schools. The plans 41 6 shall be revised periodically to reflect reorganizations which 41 7 may have taken place in the area education agency and adjacent 41 8 territory. 41 9 Sec. 92. Section 275.28, Code 2016, is amended to read as 41 10 follows: 41 11 275.28 Plan of division of assets and liabilities. 41 12 In addition to setting up the territory to comprise the 41 13 reorganized districts, a reorganization petition shall provide 41 14 for a division of assets and liabilities of the districts 41 15 affected among the reorganized districts. However, if 41 16 territory is excluded from the reorganized district by the 41 17 petition or by the area education agency board of directors, 41 18 the division of all assets and liabilities shall be made under 41 19 the provisions of sections 275.29tothrough 275.31. 41 20 Sec. 93. Section 307.24, subsection 5, unnumbered paragraph 41 21 1, Code 2016, is amended to read as follows: 41 22 Construct, reconstruct, improve, and maintain state 41 23 institutional roads and state park roads which are part of the 41 24 state park, state institution, and other state land road system 41 25 as defined in section 306.3, and bridges on such roads, roads 41 26 located on state fairgrounds asdefineddescribed in chapter 41 27 173, and the roads and bridges located on property of community 41 28 colleges as defined in section 260C.2, upon the request of the 41 29 state board, department, or commission which has jurisdiction 41 30 over such roads. This shall be done in such manner as may be 41 31 agreed upon by the state transportation commission and the 41 32 state board, department, or commission which has jurisdiction. 41 33 The commission may contract with any county or municipality for 41 34 the construction, reconstruction, improvement, or maintenance 41 35 of such roads and bridges. Any state park road which is an 42 1 extension of either a primary or secondary highway which both 42 2 enters and exits from a state park at separate points shall 42 3 be constructed, reconstructed, improved, and maintained as 42 4 provided in section 306.4. Funds allocated from the road 42 5 use tax fund for the purposes of this subsection shall be 42 6 apportioned in the following manner and amounts: 42 7 Sec. 94. Section 307.46, subsection 2, Code 2016, is amended 42 8 to read as follows: 42 9 2. On or before June 30 of the fiscal year following the 42 10 fiscal year in which funds were encumbered under this section, 42 11 the department shall report to the joint transportation, 42 12 infrastructure, and capitals appropriations subcommittee, the 42 13 legislative services agency, the department of management, the 42 14 general assembly's standing committees on government oversight, 42 15 and the legislative fiscaland oversight committeescommittee 42 16 of the legislative council detailing how the moneys were 42 17 expended. Moneys shall not be encumbered under this section 42 18 from an appropriation which received a transfer from another 42 19 appropriation pursuant to section 8.39. 42 20 Sec. 95. Section 307A.2, subsection 4, Code 2016, is amended 42 21 to read as follows: 42 22 4.TheAdopt rules pursuant to chapter 17A establishing the 42 23 criteria to be used by the commission for allocating funds as a 42 24 result of any long=range planning processshall be adopted in 42 25 accordance with the provisions of chapter 17A. The commission 42 26 shall adopt such rules and regulations in accordance with the 42 27 provisions of chapter 17A as it may deem necessary to transact 42 28 its business and for the administration and exercise of its 42 29 powers and duties. 42 30 Sec. 96. Section 310.28, Code 2016, is amended to read as 42 31 follows: 42 32 310.28 Engineering and other expense. 42 33 1. Engineering, inspection and administration expense in 42 34 connection with any farm=to=market road project may be paid 42 35 fromsaidthe county's allotment of the farm=to=market road 43 1 fund. Any such expense incurred by the department may in the 43 2 first instance be advanced out of the primary road fund,said 43 3and such expense amountslater beingshall later be reimbursed 43 4 tosaid fundsthe primary road fund out of the farm=to=market 43 5 road fund. 43 6 2.Provided, that noNo part of the salary or expense of the 43 7 county engineer, any member of the county board of supervisors, 43 8 any member of the department, the chief engineer, or any 43 9 department head or district engineer of the department shall be 43 10 paid out of the farm=to=market road fund. 43 11 Sec. 97. Section 313.2, subsection 3, Code 2016, is amended 43 12 to read as follows: 43 13 3. The department may, for the purpose of affording access 43 14 to cities or state parks, or for the purpose of shortening 43 15 the direct line of travel on important routes, or to effect 43 16 connections with interstate roads at the state line, add such 43 17 road or roads to the primary road system. 43 18 Sec. 98. Section 313.12, Code 2016, is amended to read as 43 19 follows: 43 20 313.12 Supervision and inspection. 43 21 The department is expressly charged with the duty of 43 22 supervision, inspection and direction of the work of 43 23 construction of primary roads on behalf of the state, and 43 24 of supervising the expenditure of all funds paid on account 43 25 of such work by the state or the county on the primary road 43 26 system and it shall do and perform all other matters and 43 27 things necessary to the faithful completion of the work herein 43 28 authorized. 43 29 Sec. 99. Section 313.64, Code 2016, is amended to read as 43 30 follows: 43 31 313.64 Financial statement annually. 43 32 1. If the department accepts the offer of any bridge over a 43 33 boundary stream and enters into a written agreement in relation 43 34 to the bridge as provided in sections 313.59tothrough 313.63, 43 35 this section, and section 313.65, the owner or operator of the 44 1 bridge shall thereafter and until all indebtedness or other 44 2 obligations against the bridge have been paid and discharged 44 3 annually file with the department a sworn statement of its 44 4 financial condition. The statement shall show funds on 44 5 hand and indebtedness at the beginning and end of the year, 44 6 receipts, disbursements, indebtedness retired during the year 44 7 and any other information required by the department to show 44 8 the true and complete condition of the finances with respect to 44 9 the bridge and bridge approaches. 44 10 2. The annual budget of authorized operating and other 44 11 expenditures for or on behalf of such bridge and approaches 44 12 shall be approved by the department before becoming effective. 44 13 Expenditures during the year shall not exceed the approved 44 14 budget unless an increase in the annual budget be likewise 44 15 approved by the department. 44 16 Sec. 100. Section 313.65, unnumbered paragraph 1, Code 44 17 2016, is amended to read as follows: 44 18 Before any bridge owned by any individual or private 44 19 corporation shall be accepted by the department under the 44 20 provisions of sections 313.59tothrough 313.64, the proposal 44 21 and acceptance shall first be approved by the following 44 22 tax levying and tax certifying bodies located in the tax 44 23 district: 44 24 Sec. 101. Section 321.1, subsections 1A and 20A, Code 2016, 44 25 are amended to read as follows: 44 26 1A. "Air bag"or "airbag"means a motor vehicle inflatable 44 27 occupant restraint system that operates in the event of a crash 44 28 and is designed in accordance with federal motor vehicle safety 44 29 standards for the specific make, model, and year of the motor 44 30 vehicle in which it is or will be installed. "Air bag" includes 44 31 all component parts to a motor vehicle inflatable occupant 44 32 restraint system, including but not limited to the cover, 44 33 sensors, controllers, inflators, wiring, and seat belt systems. 44 34 20A. "Driver's license" means any license or permit issued 44 35 to a person to operate a motor vehicle on the highways of this 45 1 state, including but not limited to a temporary restricted or 45 2 temporary license and an instruction, chauffeur's instruction, 45 3 commercial learner'spermit, or temporary permit. For purposes 45 4 of license suspension, revocation, bar, disqualification, 45 5 cancellation, or denial under this chapter and chapters 321A, 45 6 321C, and 321J, "driver's license" includes any privilege to 45 7 operate a motor vehicle. 45 8 Sec. 102. Section 321.12, subsection 1, Code 2016, is 45 9 amended to read as follows: 45 10 1. The director may destroy any records of the department 45 11 which have been maintained on file for three years and which 45 12 the director deems obsolete and of no further service in 45 13 carrying out the powers and duties of the department, except as 45 14 otherwise provided in this section. 45 15 Sec. 103. Section 321.69, subsection 10, paragraph a, Code 45 16 2016, is amended to read as follows: 45 17 a. A person shall not sell, lease, or trade a motor vehicle 45 18 if the person knows or reasonably should know that the motor 45 19 vehicle contains a nonoperativeairbagair bag that is part 45 20 of an inflatable restraint system, or that the motor vehicle 45 21 has had anairbagair bag removed and not replaced, unless 45 22 the person clearly discloses, in writing, to the person to 45 23 whom the person is selling, leasing, or trading the vehicle, 45 24 prior to the sale, lease, or trade, that theairbagair bag 45 25 is missing or nonoperative. In addition, a lessee who has 45 26 executed a lease as defined in section 321F.1 shall provide the 45 27 disclosure statement required in this subsection to the lessor 45 28 upon termination of the lease. 45 29 Sec. 104. Section 321G.1, subsection 10, Code 2016, is 45 30 amended by striking the subsection. 45 31 Sec. 105. Section 321H.2, subsection 4, Code 2016, is 45 32 amended to read as follows: 45 33 4. "National motor vehicle title information system" means 45 34 the federally mandated motor vehicle title history database 45 35 established pursuant to 49 U.S.C. {30502 and maintained by the 46 1 United States department of justice that links the states' 46 2 motor vehicle title records, including the department's title 46 3 records, and that requires the reporting of junk and salvage 46 4 motor vehicles in order to ensure that states, law enforcement 46 5 agencies, insurers, and consumers have access to information 46 6 that enables the verification of a vehicle's history, and the 46 7 accuracy and legality of a motor vehicle's title, before a 46 8 purchase or title transfer occurs. 46 9 Sec. 106. Section 321I.1, subsection 11, Code 2016, is 46 10 amended by striking the subsection. 46 11 Sec. 107. Section 321M.1, subsections 2, 4, and 8, Code 46 12 2016, are amended to read as follows: 46 13 2. "County issuance" means the system or process of issuing 46 14 driver's licenses,nonoperatornonoperator's identification 46 15 cards, and persons with disabilities identification devices, 46 16 including all related testing, to the same extent that such 46 17 items are issued by the department. 46 18 4. "Digitized photolicensing equipment" means the machines 46 19 and related materials, obtained pursuant to contract, the use 46 20 of which results in the on=site production of driver's licenses 46 21 andnonoperatornonoperator's identification cards. 46 22 8."Nonoperator"Nonoperator's identification card" means 46 23 the card issued pursuant to section 321.190 that contains 46 24 information pertaining to the personal characteristics of the 46 25 applicant but does not convey to the person issued the card any 46 26 operating privileges for any motor vehicle. 46 27 Sec. 108. Section 321M.2, Code 2016, is amended to read as 46 28 follows: 46 29 321M.2 Relation to other laws. 46 30 Notwithstanding provisions of chapter 321 or 321L that grant 46 31 sole authority to the department for the issuance of driver's 46 32 licenses,nonoperatornonoperator's identification cards, and 46 33 persons with disabilities identification devices, certain 46 34 counties shall be authorized to issue driver's licenses, 46 35nonoperatornonoperator's identification cards, and persons 47 1 with disabilities identification devices, according to the 47 2 requirements of this chapter. 47 3 Sec. 109. Section 321M.3, Code 2016, is amended to read as 47 4 follows: 47 5 321M.3 Authorization to issue licenses. 47 6 Adair, Adams, Allamakee, Appanoose, Audubon, Benton, 47 7 Boone, Bremer, Buchanan, Buena Vista, Butler, Calhoun, 47 8 Cass, Cedar, Cherokee, Chickasaw, Clarke, Clayton, Crawford, 47 9 Dallas, Davis, Decatur, Delaware, Dickinson, Emmet, Fayette, 47 10 Floyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, 47 11 Hancock, Hardin, Harrison, Henry, Howard, Humboldt, Ida, 47 12 Iowa, Jackson, Jasper, Jefferson, Jones, Keokuk, Kossuth, 47 13 Lee, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Mills, 47 14 Mitchell, Monona, Monroe, Montgomery, O'Brien, Osceola, 47 15 Page, Palo Alto, Plymouth, Pocahontas, Poweshiek, Ringgold, 47 16 Sac, Shelby, Sioux, Tama, Taylor, Union, Van Buren, Warren, 47 17 Washington, Wayne, Winnebago, Winneshiek, Worth, and Wright 47 18 counties shall be authorized to issue driver's licenses, 47 19nonoperatornonoperator's identification cards, and persons 47 20 with disabilities identification devices on a permanent basis, 47 21 provided that such counties continue to meet the department's 47 22 standards for issuance. 47 23 Sec. 110. Section 321M.4, Code 2016, is amended to read as 47 24 follows: 47 25 321M.4 Termination of authorization ==== failure to meet 47 26 standards. 47 27 1. If a county is subject to termination of its county 47 28 issuance authorization for failure to meet the department's 47 29 standards for issuance, the county shall not issue driver's 47 30 licenses,nonoperatornonoperator's identification cards, or 47 31 persons with disabilities identification devices until the 47 32 county has been reauthorized by the department. 47 33 2. The department is not obligated to provide service 47 34 in a county for issuance of driver's licenses,nonoperator 47 35nonoperator's identification cards, or persons with 48 1 disabilities identification devices if the county fails to meet 48 2 the department's standards for issuance. 48 3 Sec. 111. Section 327G.32, subsection 2, paragraph a, Code 48 4 2016, is amended to read as follows: 48 5 a. An officer or employee of a railroad corporation 48 6 violating a provision of this section is, upon conviction, 48 7 subject tothea schedule "two" penaltyprovided inunder 48 8 section327G.14327C.5. 48 9 Sec. 112. Section 331.557A, subsections 1 and 3, Code 2016, 48 10 are amended to read as follows: 48 11 1. Issue, renew, and replace lost or damagednonoperator 48 12nonoperator's identification cards and driver's licenses, 48 13 including commercial driver's licenses, according to the 48 14 provisions of chapter 321M. 48 15 3. Collect fees associated withnonoperatornonoperator's 48 16 identification cards and driver's licenses, including 48 17 commercial driver's licenses, and pay to the state amounts in 48 18 excess of the amount the treasurer is permitted to retain for 48 19 deposit in the county general fund for license issuance. 48 20 Sec. 113. Section 331.802, subsection 3, paragraph a, Code 48 21 2016, is amended to read as follows: 48 22 a. Violent death, includinghomicidalhomicide,suicidal 48 23suicide, or accidental death. 48 24 Sec. 114. Section 331.910, subsection 4, paragraphs a, b, 48 25 and e, Code 2016, are amended to read as follows: 48 26 a. A person who is detained, committed, or placed on an 48 27 involuntary basis under section 125.75 or 229.6 may be civilly 48 28 committed and treated in another state pursuant to a contract 48 29 under thissectionsubsection. 48 30 b. A person who is detained, committed, or placed on 48 31 an involuntary basis under the civil commitment laws of a 48 32 bordering state substantially similar to section 125.75 or 48 33 229.6 may be civilly committed and treated in this state 48 34 pursuant to a contract under thissectionsubsection. 48 35 e. A person who is detained, committed, or placed under the 49 1 laws of a sending state and who is transferred to a receiving 49 2 state under thissectionsubsection shall be considered to 49 3 be in the legal custody of the authority responsible for the 49 4 person under the laws of the sending state with respect to the 49 5 involuntary civil commitment of the person due to a mental 49 6 illness or a substance=related disorder. 49 7 Sec. 115. Section 426B.3, subsection 5, Code 2016, is 49 8 amended by striking the subsection. 49 9 Sec. 116. Section 428.35, subsection 1, Code 2016, is 49 10 amended to read as follows: 49 11 1. Definitions."Person" as used herein means individuals, 49 12 corporations, firms and associations of whatever form. 49 13 "Handling or handled" as used herein means the receiving of 49 14 grain at or in each elevator, warehouse, mill, processing plant 49 15 or other facility in this state in which it is received for 49 16 storage, accumulation, sale, processing or for any purpose 49 17 whatsoever.As used in this section: 49 18 a. "Grain"as used hereinmeans wheat, corn, barley, 49 19 oats, rye, flaxseed, field peas, soybeans, grain sorghums, 49 20 spelts, and such other products as are usually stored in 49 21 grain elevators. Such term excludes such seeds after being 49 22 processed, and the products of such processing when packaged or 49 23 sacked.The term "processing"49 24 b. "Handling or handled" means the receiving of grain at or 49 25 in each elevator, warehouse, mill, processing plant, or other 49 26 facility in this state in which it is received for storage, 49 27 accumulation, sale, processing, or for any purpose whatsoever. 49 28 c. "Person" means individuals, corporations, firms, and 49 29 associations of whatever form. 49 30 d. "Processing" shall not include hulling, cleaning, drying, 49 31 grading, or polishing. 49 32 Sec. 117. Section 434.22, Code 2016, is amended to read as 49 33 follows: 49 34 434.22 Levy and collection of tax. 49 35 At the first meeting of the board of supervisors held after 50 1saidthe statement of the department of revenue under section 50 2 434.17 is received by the county auditor, the board shall cause 50 3 the same to be entered on its minute book, and make and enter in 50 4 the minute book an order stating the length of the main track 50 5 and the assessed value of each railway lying in each city, 50 6 township, or lesser taxing district in its county, through or 50 7 into which the railway extends, as fixed by the department 50 8 of revenue, which shall constitute the taxable value of the 50 9 property for taxing purposes; and the taxes on the property, 50 10 when collected by the county treasurer, shall be disposed of as 50 11 other taxes. The county auditor shall transmit a copy of the 50 12 order to the council or trustees of the city or township. 50 13 Sec. 118. Section 437.10, Code 2016, is amended to read as 50 14 follows: 50 15 437.10 Entry of certificate. 50 16 At the first meeting of the board of supervisors held 50 17 aftersaidthe statements of the department of revenue under 50 18 section 437.9 are received by the county auditor, the board 50 19 shall cause such statement to be entered in its minute book 50 20 and make and enter in the minute book an order stating the 50 21 length of the lines and the assessed value of the property 50 22 of each of the companies situated in each township or lesser 50 23 taxing district in each county outside cities, as fixed by the 50 24 department of revenue, which shall constitute the taxable value 50 25 of the property for taxing purposes. The county auditor shall 50 26 transmit a copy of the order to the trustees of each township 50 27 and to the proper taxing boards in lesser taxing districts 50 28 into which the line or lines of the company extend in the 50 29 county. The taxes on the property when collected by the county 50 30 treasurer shall be disposed of as other taxes on real estate. 50 31 Sec. 119. Section 438.15, Code 2016, is amended to read as 50 32 follows: 50 33 438.15 Assessed value in each taxing district ==== record. 50 34 At the first meeting of the board of supervisors held after 50 35saidthe statement of the department of revenue under section 51 1 438.14 is received by the county auditor, the board shall 51 2 cause the same to be entered on its minute book, and make and 51 3 enter in the minute book an order describing and stating the 51 4 assessed value of each pipeline lying in each city, township, 51 5 or lesser taxing district in its county, through or into which 51 6 the pipeline extends, as fixed by the department of revenue, 51 7 which shall constitute the assessed value of the property for 51 8 taxing purposes; and the taxes on the property, when collected 51 9 by the county treasurer, shall be disposed of as other taxes. 51 10 The county auditor shall transmit a copy of the order to the 51 11 council of the city, or the trustees of the township, as the 51 12 case may be. 51 13 Sec. 120. Section 440.6, Code 2016, is amended to read as 51 14 follows: 51 15 440.6 Fraudulent withholding ==== penalty. 51 16 In case the property has been fraudulently withheld from 51 17 assessment, the department of revenue may, in addition tosaid 51 18the ten percent penalty under section 440.5, add any additional 51 19 percent, not exceeding fifty percent. 51 20 Sec. 121. Section 441.21, subsection 7, Code 2016, is 51 21 amended to read as follows: 51 22 7. a. For the purpose of computing the debt limitations for 51 23 municipalities, political subdivisions and school districts, 51 24 the term "actual value" means the "actual value" as determined 51 25 by subsections 1tothrough 3of this sectionwithout 51 26 application of any percentage reduction and entered opposite 51 27 each item, and as listed on the tax list as provided in section 51 28 443.2 as "actual value". 51 29 b. Whenever any board of review or other tribunal changes 51 30 the assessed value of property, all applicable records of 51 31 assessment shall be adjusted to reflect such change in both 51 32 assessed value and actual value of such property. 51 33 Sec. 122. Section 445.60, Code 2016, is amended to read as 51 34 follows: 51 35 445.60 Refunding erroneous tax. 52 1 The board of supervisors shall direct the county treasurer 52 2 to refund to the taxpayer any tax or portion of a tax found to 52 3 have been erroneously or illegally paid, with all interest, 52 4 fees, and costs actually paid. A refund shall not be ordered 52 5 or made unless a claim for refund is presented to the board 52 6 within two years of the date the tax was due, or if appealed to 52 7 the board of review, the property assessment appeal board,the 52 8 state board of tax review,or district court, within two years 52 9 of the final decision. 52 10 Sec. 123. Section 453A.45, subsection 1, paragraph b, Code 52 11 2016, is amended to read as follows: 52 12 b. When a licensed distributor sells tobacco products 52 13 exclusively to the ultimate consumer at the address given 52 14 in the license, an invoice of those sales is not required, 52 15 but itemized invoices shall be made of all tobacco products 52 16 transferred to other retail outlets owned or controlled by that 52 17 licensed distributor. All books, records and other papers 52 18 and documents required by thissubdivisionsubsection to be 52 19 kept shall be preserved for a period of at least three years 52 20 after the date of the documents or the date of the entries 52 21 appearing in the records, unless the director, in writing, 52 22 authorized their destruction or disposal at an earlier date. 52 23 At any time during usual business hours, the director, or the 52 24 director's duly authorized agents or employees, may enter any 52 25 place of business of a distributor, without a search warrant, 52 26 and inspect the premises, the records required to be kept under 52 27 thissubdivisionsubsection, and the tobacco products contained 52 28 therein, to determine if all the provisions of this division 52 29 are being fully complied with. If the director, or any such 52 30 agent or employee, is denied free access or is hindered or 52 31 interfered with in making the examination, the license of the 52 32 distributor at that premises is subject to revocation by the 52 33 director. 52 34 Sec. 124. Section 455B.216, Code 2016, is amended to read 52 35 as follows: 53 1 455B.216 Examinations. 53 2 The director shall hold at least one examination each year 53 3 for the purpose of examining candidates for certification at 53 4 a time and place designated by the director. Any written 53 5 examination may be given by the department. All examinations 53 6 in theory shall be in writing and the identity of the person 53 7 taking the examination shall be concealed until after the 53 8 examination papers have been graded. For examinations in 53 9 practice, the identity of the person taking the examination 53 10 shall also be concealed as far as possible. Those applicants 53 11 whose competency is acceptable shall be recommended for 53 12 certification. Applicants who fail the examination shall 53 13 be allowed to take the examination at the next scheduled 53 14 time. Thereafter, the applicant shall be allowed to take 53 15 the examination at the discretion of theboarddirector. An 53 16 applicant who has failed the examination may request in writing 53 17 information from the department concerning the applicant's 53 18 examination grade and subject areas or questions which the 53 19 applicant failed to answer correctly, except that if the 53 20 director administers a uniform, standardized examination, the 53 21 director is only required to provide the examination grade and 53 22 the other information concerning the applicant's examination 53 23 results which is available to the department. 53 24 Sec. 125. Section 456A.15, Code 2016, is amended to read as 53 25 follows: 53 26 456A.15 Removal. 53 27 Theappointees and employees aforesaidpersons appointed or 53 28 employed as provided under sections 456A.13 and 456A.14 may 53 29 be removed by thesaiddirector at any time subject to the 53 30 approval of the commission. 53 31 Sec. 126. Section 456A.38, subsection 1, paragraph a, Code 53 32 2016, is amended to read as follows: 53 33 a. "Agricultural land","authority","beginning farmer", and 53 34 "farming" mean the same as defined in section 16.58. 53 35 Sec. 127. Section 456A.38, subsection 1, Code 2016, is 54 1 amended by adding the following new paragraph: 54 2 NEW PARAGRAPH. 0b. "Authority" means the same as defined in 54 3 section 16.1. 54 4 Sec. 128. Section 459A.103, subsection 8, Code 2016, is 54 5 amended to read as follows: 54 6 8. The regulation of effluent under this chapter shall be 54 7 construed as also regulatingeffluent andsolids. 54 8 Sec. 129. Section 459A.206, subsection 2, paragraph c, 54 9 subparagraph (2), Code 2016, is amended to read as follows: 54 10 (2) At locations that reflect the continuous soil profile 54 11 conditions existing within the area of the proposed basin 54 12 or unformed structure, including conditions found near the 54 13 corners and the deepest point of the proposed basin or unformed 54 14 structure. The soil corings shall be taken to a minimum depth 54 15 of ten feet below the bottom elevation of the basin or unformed 54 16 structure. 54 17 Sec. 130. Section 459A.404, subsection 1, paragraph a, Code 54 18 2016, is amended to read as follows: 54 19 a. An animal truck wash effluent structure shall not 54 20 be constructed, including expanded,or expanded within one 54 21 thousand two hundred fifty feet from a residence not owned by 54 22 the titleholder of the animal truck wash facility, a commercial 54 23 enterprise, a bona fide religious institution, an educational 54 24 institution, or a public use area, as those terms are defined 54 25 in section 459.102, and as provided in rules adopted by 54 26 the commission pursuant tosectionsections 459.103, and as 54 27 provided in rules adopted by the commission pursuant tosection 54 28and 459A.104. 54 29 Sec. 131. Section 459A.404, subsection 3, paragraph a, Code 54 30 2016, is amended to read as follows: 54 31 a. An animal truck wash effluent structure shall not be 54 32 constructed, includingor expanded,on land that is part of 54 33 a one hundred year floodplain as designated by rules adopted 54 34 by the commission pursuant to section 459A.104. The rules 54 35 shall correspond to rules adopted pursuant to section 459.310, 55 1 subsections 2 and 4. 55 2 Sec. 132. Section 461A.36, Code 2016, is amended to read as 55 3 follows: 55 4 461A.36 Speed limit. 55 5 The maximum speed limit of all vehicles on state park and 55 6 preserve drives, roads, and highways shall be thirty=five 55 7 miles per hour. All driving shall be confined to designated 55 8 roadways. Whenever the commissionshall determinedetermines 55 9 thatthea thirty=five mile per hour speed limithereinbefore 55 10 set forthis greater than is reasonable or safe under the 55 11 conditions found to exist at any place of congestion or upon 55 12 any part of the park roads, drives, or highways,saidthe 55 13 commission shall determine and declare a reasonable and safe 55 14 speed limitthereat, which shall be effective when appropriate 55 15 signs giving noticethereofof the changed speed limit are 55 16 erected atsuchthe places of congestion or other parts of the 55 17 park roads, drives, or highways. 55 18 Sec. 133. Section 468.149, Code 2016, is amended to read as 55 19 follows: 55 20 468.149 Obstructing or damaging. 55 21 1.AnyA personor persons willfully diverting, 55 22 obstructing, impeding, or filling upis guilty of a serious 55 23 misdemeanor if, without legal authority, the person willfully 55 24 does any of the following: 55 25 a. Diverts, obstructs, impedes, or fills up any ditch, 55 26 drain, or watercourseor breaking. 55 27 b. Breaks down orinjuringinjures any levee or the bank of 55 28 any settling basin, established, constructed, and maintained 55 29 under any provision of law, or obstructing, or engaging. 55 30 c. Obstructs or engages in travel or agricultural practices 55 31 upon the improvement or rights=of=way of a levee or drainage 55 32 district which the governing body thereof has, by resolution, 55 33 determined to be injurious to such improvement or to interfere 55 34 with its proper preservation, operation, or maintenance, and 55 35 has prohibited, shall be deemed guilty of a serious misdemeanor 56 1 and any such. 56 2 2. Any unlawful actas abovedescribed in subsection 1 is 56 3hereby declared to bea nuisance and may be abatedas such. 56 4 3.SaidA governing body shallalsohave the power to repair 56 5 any ditch, drain, or watercourse, or any levee or bank of any 56 6 settling basin, damaged by any person or persons in violation 56 7 ofthea resolution ofsaidthe governing body, after three 56 8 days' notice to such person or persons to make such repair, in. 56 9 In the event that there is a failure todo somake the repair, 56 10andthe expensethereofof the repair shall be assessed tosuch 56 11the person or persons and shall be certified and collected in 56 12 the same manner as other taxes. 56 13 Sec. 134. Section 468.207, Code 2016, is amended to read as 56 14 follows: 56 15 468.207 Form of notice. 56 16 1.SuchThe notice under section 468.206 shall be captioned 56 17 in the name of the district and shall be directed totheall of 56 18 the following: 56 19 a. The owners of each tract or lot withinsaidthe levee 56 20 or drainage district, including railroad companies having 56 21 rights=of=way,and lienholders and encumbrancers, and to all. 56 22 b. The owners, lienholders, or encumbrancers of lands which 56 23 an adoption of the plan would exclude from benefitsand. 56 24 c. The owners, lienholders, or encumbrancers of lands 56 25 outside the district which will benefittherefrom and to all 56 26 other persons whom it may concern and, withoutfrom the plan. 56 27 d. Without naming them,tothe occupants of all lands 56 28 affectedand. 56 29 e. All other persons whom the plan may concern. 56 30 2. The notice shall set forththatall of the following: 56 31 a. That there is on file in the office of the auditor a 56 32 plan of construction of the federalagency (naming it)agency, 56 33 naming the agency, together with reports of an engineerthereon 56 34on the plan, which the board has tentatively approved, and that 56 35 such. 57 1 b. That the plan may be amended before final action; also 57 2 the. 57 3 c. The day and hour set for hearing on the adoption ofsaid 57 4the plan, and that. 57 5 d. That all claims for damages, except claims for land 57 6 required for right=of=way or construction, and all objections 57 7 to the adoption ofsaidthe plan for any reason must be made in 57 8 writing and filed in the office of the auditor at or before the 57 9 time set for hearing. 57 10 3. Provisions of this subchapter, parts 1 through 5, 57 11 for giving notice, waiver of notice, waiver of objection and 57 12 damages and adjournment for service contained in sections 57 13 468.15 through 468.20 shall apply. 57 14 Sec. 135. Section 468.209, Code 2016, is amended to read as 57 15 follows: 57 16 468.209 Entry of order ==== effect. 57 17 1. If the board, after consideration of the subject matter, 57 18 including all objections filed to the adoption of the plan and 57 19 all claims for damages, shall find that the district will be 57 20 benefited by adoption of the plan or the purposes for which the 57 21 district was established is furthered by the plan,theythe 57 22 board shall enter an order approving and adopting the final 57 23 plan. The order shall have the effect of: 57 241.a. Altering the boundaries of the district to conform to 57 25 the changes effected by the plan adopted. 57 262.b. Canceling all existing awards for damages for 57 27 property not appropriated for right=of=way or construction and 57 28 rendered unnecessary by the plan so adopted. 57 293.c. Canceling all awards previously made for damages 57 30 other than for right=of=way or construction but reinstating the 57 31 claims for such damages which said claims may be amended by the 57 32 claimants within ten days thereafter. 57 334.d. Canceling all unpaid assessments for benefits on 57 34 lands excluded from the district by adoption of the plan. The 57 35 assessments so canceled shall become part of the costs of the 58 1 improvement. 58 25.e. Establishing as benefited thereby the lands added to 58 3 the district by adoption of the plan and rendering same subject 58 4 to classification and assessment. 58 56.2. Whenever a plan has been adopted as contemplated 58 6 by this section, modification and changes can be made therein 58 7 without further notice or hearing, provided the same do not 58 8 increase or decrease the estimated cost of the plan to the 58 9 district by more than twenty=five percent. 58 10 Sec. 136. Section 468.375, Code 2016, is amended to read as 58 11 follows: 58 12 468.375Scope of ActRefunding bonds. 58 13 Refunding bonds for the purposes set out in this part may 58 14 be issued to pay off and take up bonds issued in payment for 58 15 drainage improvements under prior laws or to refund any part 58 16 thereof. Bonds thus issued shall substantially conform to the 58 17 provisions of the law relating to drainage bonds and the face 58 18 amount thereof shall be limited to the amount of the unpaid 58 19 assessments, with interest thereon, applicable to the payment 58 20 of the bonds so taken up. 58 21 Sec. 137. Section 468.540, Code 2016, is amended to read as 58 22 follows: 58 23 468.540 Refunding bonds. 58 24 The board of supervisors of any county may extend the time of 58 25 the payment of any of its outstanding drainage bonds issued in 58 26 anticipation of the collection of drainage assessments levied 58 27 upon property within a drainage district, and may extend the 58 28 time of payment of any unpaid assessment, or any installment 58 29 or installments thereof. The board may renew or extend the 58 30 time of payment of such legal bonded indebtedness, or any part 58 31 thereof, for account of such drainage district, and may refund 58 32 the same and issue drainage refunding bonds therefor subject to 58 33 the limitation and in the mannerhereinafterprovided in this 58 34 part. 58 35 Sec. 138. Section 481A.91, Code 2016, is amended to read as 59 1 follows: 59 2 481A.91 Shooting or spearing. 59 3NoA person shall not killwith shotgun, or spear anya 59 4 beaver, mink, otter, or muskrat, or have in possession any 59 5 of said animalswith a shotgun or spear. A person shall not 59 6 possess a beaver, mink, otter, or muskrat or the carcasses, 59 7 skins, or partsthereofof any one of those animals that have 59 8 been killed with a shotgun or spear. 59 9 Sec. 139. Section 484B.5, Code 2016, is amended to read as 59 10 follows: 59 11 484B.5 Boundaries signed ==== fenced. 59 12 Upon receipt of a hunting preserve operator's license, 59 13 the licensee shall promptly sign the licensed property with 59 14 signs prescribed by the department. A licensee holding and 59 15 releasing ungulates shall construct and maintain boundary 59 16 fences prescribed by the department so as to enclose and 59 17 contain all released ungulates and exclude all ungulates which 59 18 are property of the state from becoming a part of the hunting 59 19 preserve enterprise. 59 20 Sec. 140. Section 490.1320, subsections 1 and 3, Code 2016, 59 21 are amended to read as follows: 59 22 1. Where any proposed corporate action specified in section 59 23 490.1302, subsection 1, is to be submitted to a vote at a 59 24 shareholders' meeting, the meeting notice must state that the 59 25 corporation has concluded that the shareholders are, are not, 59 26 or may be entitled to assert appraisal rights under thispart 59 27division. If the corporation concludes that appraisal rights 59 28 are or may be available, a copy of thispartdivision must 59 29 accompany the meeting notice sent to those record shareholders 59 30 entitled to exercise appraisal rights. 59 31 3. Where any corporate action specified in section 59 32 490.1302, subsection 1, is to be approved by written consent 59 33 of the shareholders pursuant to section 490.704, all of the 59 34 following apply: 59 35 a. Written notice that appraisal rights are, are not, or may 60 1 be available must be sent to each record shareholder from whom 60 2 a consent is solicited at the time consent of such shareholder 60 3 is first solicited and, if the corporation has concluded that 60 4 appraisal rights are or may be available, must be accompanied 60 5 by a copy of thischapterdivision. 60 6 b. Written notice that appraisal rights are, are not, or 60 7 may be available must be delivered together with the notice to 60 8 nonconsenting and nonvoting shareholders required by section 60 9 490.704, subsections 5 and 6, may include the materials 60 10 described in section 490.1322 and, if the corporation has 60 11 concluded that appraisal rights are or may be available, must 60 12 be accompanied by a copy of thischapterdivision. 60 13 Sec. 141. Section 499B.2, unnumbered paragraph 1, Code 60 14 2016, is amended to read as follows: 60 15 Unless it is plainly evident from the context that a 60 16 different meaning is intended, as usedhereinin this chapter: 60 17 Sec. 142. Section 504.834, subsection 2, paragraph c, Code 60 18 2016, is amended to read as follows: 60 19 c. Advances pursuant to part 5 of this subchapter. 60 20 Sec. 143. Section 505.32, subsection 2, paragraph g, Code 60 21 2016, is amended by striking the paragraph. 60 22 Sec. 144. Section 505.32, subsection 3, paragraph a, Code 60 23 2016, is amended to read as follows: 60 24 a. The commissioner, in collaboration with the legislative 60 25 health care coverage commission,shall develop a plan of 60 26 operation for the exchange within one hundred eighty days 60 27 fromthe effective date of this sectionJuly 1, 2010. The 60 28 plan shall create an information clearinghouse that provides 60 29 resources where Iowans can obtain information about health care 60 30 coverage that is available in the state. 60 31 Sec. 145. Section 505.32, subsection 4, paragraph a, Code 60 32 2016, is amended by striking the paragraph. 60 33 Sec. 146. Section 507B.4, subsection 3, paragraph b, 60 34 subparagraph (3), Code 2016, is amended to read as follows: 60 35 (3) Statement of capital and surplus. 61 1 (a) In the case of a foreign company transacting the 61 2 business of casualty insurance in the state, or an officer, 61 3 producer, or representative of such a company, issuing or 61 4 publishing an advertisement, public announcement, sign, 61 5 circular, or card that purports to disclose the company's 61 6 financial standing and fails to exhibit the following:the61 7 (i) The capital actually paid in cash, and the amount of net 61 8 surplus of assets over all the company's liabilities actually 61 9 held and available for the payment of losses by fire and for 61 10 the protection of holders of fire policies; and the61 11 (ii) The amount of net surplus of assets over all 61 12 liabilities in the United States actually available for the 61 13 payment of losses by fire and held in the United States for the 61 14 protection of holders of fire policies in the United States, 61 15 including in such liabilities the fund reserved for reinsurance 61 16 of outstanding risks. 61 17 (b) The amounts stated for capital and net surplus shall 61 18 correspond with the latest verified statement made by the 61 19 company or association to the commissioner of insurance. 61 20 Sec. 147. Section 507B.4C, subsection 5, paragraph b, Code 61 21 2016, is amended to read as follows: 61 22 b. Exempting an insurer from the death master file 61 23 comparisons required under subsection 3, paragraph "a", 61 24 or permitting an insurer to perform such comparisons less 61 25 frequently than semiannually, upon a demonstration of financial 61 26 hardship by the insurer. 61 27 Sec. 148. Section 511.31, Code 2016, is amended to read as 61 28 follows: 61 29 511.31 Physician's certificate ==== estoppel. 61 30 In any case where the medical examiner, or physician acting 61 31 as such, of any life insurance company or association doing 61 32 business in the state shall issue a certificate of health or 61 33 declare the applicant a fit subject for insurance, or so report 61 34 to the company or association or its agent under the rules and 61 35 regulations ofsuchthe company or association,itthe company 62 1 or association shall betherebyestopped from setting up in 62 2 defense of the action onsuchthe policy or certificate that 62 3 the assured was not in the condition of health required by the 62 4 policy at the time of the issuance or deliverythereofof the 62 5 policy or certificate, unless thesamepolicy or certificate 62 6 was procured by or through the fraud or deceit of the assured. 62 7 Sec. 149. Section 515.48, subsection 1, paragraph a, Code 62 8 2016, is amended to read as follows: 62 9 a. Insure dwelling houses, stores and all kinds of 62 10 buildings and household furniture, and other property against 62 11 direct or indirect or consequential loss or damage, including 62 12 loss of use or occupancy and the depreciation of property 62 13 lost or damaged by fire, smoke, smudge, lightning and other 62 14 electrical disturbances, collision, falls, wind, tornado, 62 15 cyclone, volcanic eruptions, earthquake, hail, frost, snow, 62 16 sleet, ice, weather or climatic conditions, including excess 62 17 or deficiency of moisture, flood, rain, or drought, rising 62 18 of the waters of the ocean or its tributaries, bombardment 62 19 invasion, insurrection, riot, strikes, labor disturbances, 62 20 sabotage, civil war or commotion, military or usurped power, 62 21 any order of a civil authority made to prevent the spread of a 62 22 conflagration, epidemic or catastrophe, vandalism or malicious 62 23 mischief, and by explosion whether fire ensues or not, except 62 24 explosion on risks specified in subsection 6of this section, 62 25 provided, however, that there may be insured hereunder the 62 26 following: 62 27 (1) Explosion of pressure vessels(not, not including steam 62 28 boilers of more than fifteen poundspressure)pressure, in 62 29 buildings designed and used solely for residential purposes by 62 30 not more than four families; 62 31 (2) Explosion of any kind originating outside of the insured 62 32 building or outside of the building containing the property 62 33 insured; and 62 34 (3) Explosion of pressure vessels which do not contain steam 62 35 or which are not operated with steam coils or steam jackets; 63 1 andalso against loss63 2 (04) Loss or damage by insects or disease to farm crops or 63 3 products, and loss of rental value of land used in producing 63 4 such crops or products; andagainst accidental63 5 (004) Accidental injury to sprinklers, pumps, water pipes, 63 6 elevator tanks and cylinders, steam pipes and radiators, 63 7 plumbing and its fixtures, ventilating, refrigerating, heating, 63 8 lighting or cooking apparatus, or their connections, or 63 9 conduits or containers of any gas, fluid or other substance; 63 10 andagainst loss63 11 (0004) Loss or damage to property of the insured caused 63 12 by the breakage or leakagethereof;or by water, hail, rain, 63 13 sleet, or snow seeping or entering through water pipes, leaks, 63 14 or openings in buildings; andagainst loss63 15 (00004) Loss of and damage to glass, including lettering and 63 16 ornamentation thereon, and against loss or damage caused by the 63 17 breakage of glass; andagainst loss63 18 (000004) Loss or damage caused by railroad equipment, motor 63 19 vehicles, airplanes, seaplanes, dirigibles, or other aircraft. 63 20 (4) Risks under a multiple peril nonassessable policy 63 21 reasonably related to the ownership, use or occupancy of a 63 22 private dwelling or dwellings. 63 23 Sec. 150. Section 517.3, subsection 1, paragraph a, Code 63 24 2016, is amended to read as follows: 63 25 a. All unallocated liability loss expense payments made in 63 26 a given calendar year subsequent to the first four years in 63 27 which an insurer has been issuing liability policies shall be 63 28 distributed as follows: 63 29 (1) Thirty=five percent shall be charged to the policies 63 30 written in that year. 63 31 (2) Forty percent to the policies written in the preceding 63 32 year. 63 33 (3) Ten percent to the policies written in the second year 63 34 preceding, ten. 63 35 (4) Ten percent to the policies written in the third year 64 1 preceding. 64 2(4)(5) Five percent to the policies written in the fourth 64 3 year preceding. 64 4 Sec. 151. Section 519A.1, Code 2016, is amended to read as 64 5 follows: 64 6 519A.1 Intent. 64 7 1. The general assembly finds that a critical situation 64 8 exists because of the high cost and impending unavailability 64 9 of medical malpractice insurance. The purposes of sections 64 10 519A.2tothrough 519A.13 are to assure that the public is 64 11 adequately protected against losses arising out of medical 64 12 malpractice by providing licensed health care providers with 64 13 medical malpractice insurance through the requirement that 64 14 certain liability insurance carriers write medical malpractice 64 15 insurance for a period of two years upon a finding of an 64 16 emergency by the commissioner of insurance that either such 64 17 insurance is not available through normal channels or that 64 18 it is not available on a reasonable basis because of lack of 64 19 competition for such insurance, or otherwise; to establish an 64 20 association to equitably spread the risks for such insurance; 64 21 and to provide for recoupment of losses resulting from the 64 22 operation of the association through a stabilization reserve 64 23 fund contributed to by insureds, a surcharge on future 64 24 liability insurance policies, or a favorable premium tax 64 25 treatment. 64 26 2. It is the intent of this chapter to provide only an 64 27 interim solution to the impending unavailability of medical 64 28 malpractice insurance. It is not anticipated that this chapter 64 29 will resolve the underlying causes of the unavailability and 64 30 high cost which extend beyond the insurance mechanism. It is 64 31 anticipated that future legislation will be required to deal 64 32 on a more permanent basis with the underlying causes of the 64 33 current situation. 64 34 Sec. 152. Section 519A.2, subsection 1, Code 2016, is 64 35 amended to read as follows: 65 1 1. "Association" means the joint underwriting association 65 2 established pursuant to this section and sections 519A.3to 65 3through 519A.13. 65 4 Sec. 153. Section 519A.3, subsection 4, unnumbered 65 5 paragraph 1, Code 2016, is amended to read as follows: 65 6 The association shall, subject to the terms and conditions 65 7 ofsectionssection 519A.2to, this section, and sections 65 8 519A.4 through 519A.13, have and exercise the following powers 65 9 on behalf of its members: 65 10 Sec. 154. Section 519A.4, subsection 1, Code 2016, is 65 11 amended to read as follows: 65 12 1. a. The association shall submit a plan of operation 65 13 to the commissioner, together with any amendments necessary 65 14 or suitable to assure the fair, reasonable, and equitable 65 15 administration of the association consistent with sections 65 16 519A.2to, 519A.3, this section, and sections 519A.5 through 65 17 519A.13. The plan of operation and any amendments thereto 65 18 shall become effective only after promulgation of the plan or 65 19 amendment by the commissioner as a rule pursuant to section 65 20 17A.4: Provided that the initial plan may in the discretion of 65 21 the commissioner become effective immediately upon filing with 65 22 the secretary of state pursuant to section 17A.5, subsection 2, 65 23 paragraph "b", subparagraph (1), subparagraph division (a). 65 24 b. If the association fails to submit a suitable plan of 65 25 operation within twenty=five days following the effective date 65 26 of this chapter or if at any time thereafter the association 65 27 fails to submit suitable amendments to the plan, the 65 28 commissioner shall adopt rules necessary to effectuate sections 65 29 519A.2to, 519A.3, this section, and sections 519A.5 through 65 30 519A.13. Such rules shall continue in force until modified 65 31 by the commissioner or superseded by a plan submitted by the 65 32 association and approved by the commissioner. 65 33 Sec. 155. Section 519A.5, subsections 1 and 2, Code 2016, 65 34 are amended to read as follows: 65 35 1. The rates, rating plans, rating classifications, and 66 1 policy forms and endorsements applicable to insurance written 66 2 by the association and the statistical and experience data 66 3 relating thereto shall be subject to sections 519A.2tothrough 66 4 519A.4, this section, and sections 519A.6 through 519A.13 and 66 5 to the provisions of the general insurance code which are not 66 6 inconsistent with the purposes and provisions of this chapter. 66 7 2. All policies issued by the association shall provide for 66 8 a continuous period of coverage beginning with their respective 66 9 effective dates. All policies shall terminate at 12:01 a.m. 66 10 two years from the date of finding of an emergency by the 66 11 commissioner, or earlier in accordance with sections 519A.2 66 12 through 519A.4, this section, and sections 519A.6 through 66 13 519A.13; or because of failure of the policyholder to pay any 66 14 premium or stabilization reserve fund charge or portion of 66 15 either when due. All policies shall be issued subject to the 66 16 group retrospective rating plan and the stabilization reserve 66 17 fund authorized by this chapter. No policy form shall be used 66 18 by the association unless it has been filed with and approved 66 19 by the commissioner. 66 20 Sec. 156. Section 519A.10, subsection 2, Code 2016, is 66 21 amended to read as follows: 66 22 2. All orders of the commissioner made pursuant to sections 66 23 519A.2tothrough 519A.9, this section, and sections 519A.11 66 24 through 519A.13 shall be subject to judicial review as provided 66 25 in the Iowa administrative procedure Act, chapter 17A. 66 26 Sec. 157. Section 519A.13, Code 2016, is amended to read as 66 27 follows: 66 28 519A.13 Privileged communications. 66 29 There shall be no liability on the part of, and no cause 66 30 of action of any nature shall arise against the association, 66 31 the commissioner, or any other person or organization, for any 66 32 statements made in good faith by any of them in any report or 66 33 communication concerning risks insured or to be insured by the 66 34 association, or during any proceedings within the scope of 66 35 sections 519A.2tothrough 519A.12 and this section. 67 1 Sec. 158. Section 521A.5, subsection 4, paragraph d, Code 67 2 2016, is amended to read as follows: 67 3 d. The board of directors of a domestic insurer shall 67 4 establish one or more committees comprised solely of directors 67 5 or other persons appointed by the board, the majority of whom 67 6 are not officers or employees of the insurer or of any entity 67 7 controlling, controlled by, or under common control with the 67 8 insurer andwhoare not beneficial owners of a controlling 67 9 interest in the voting stock of the insurer or any such entity. 67 10 The committee or committees shall have responsibility for 67 11 recommending or nominating candidates for director for election 67 12 by shareholders or policyholders, evaluating the performance 67 13 of officers deemed to be principal officers of the insurer, 67 14 and recommending to the board of directors the selection and 67 15 compensation of the principal officers. 67 16 Sec. 159. Section 523A.207, subsection 1, Code 2016, is 67 17 amended to read as follows: 67 18 1. A purchase agreement shall not be sold or transferred, 67 19 as part of the sale of a business or the assets of a business, 67 20 until an audit has been performed by a certified public 67 21 accountant and filed with the commissioner that expresses the 67 22 auditor's opinion of the adequacy of funding related to the 67 23 purchase agreements to be sold or transferred. If the buyer 67 24 of a purchase agreement sold or transferred as part of the 67 25 sale of a business or the assets of a business, fails to file 67 26 such an audit, the commissioner shall suspend the preneed 67 27 seller's license of the buyer and the preneed sales license of 67 28 any sales agent in the employ of the buyer until the audit is 67 29 filed. In addition, the commissioner shall assess a penalty 67 30 against the buyer in an amount up to one hundred dollars for 67 31 each day that the audit remains unfiled. The commissioner 67 32 shall allow a thirty=day grace period after the date that a 67 33 purchase agreement is sold or transferred before suspension of 67 34 a license or assessment of a penalty for failure to file an 67 35 audit pursuant to thissectionsubsection. 68 1 Sec. 160. Section 523A.807, subsection 3, unnumbered 68 2 paragraph 1, Code 2016, is amended to read as follows: 68 3 If the commissioner finds that a person has violated section 68 4 523A.201, 523A.202, 523A.203, 523A.207, 523A.401, 523A.402, 68 5 523A.403, 523A.404, 523A.405, 523A.501, or 523A.502, or any 68 6 rule adopted pursuant thereto, the commissioner may order any 68 7 or all of the following: 68 8 Sec. 161. Section 554.11109, Code 2016, is amended to read 68 9 as follows: 68 10 554.11109 Effect of official comments. 68 11 To the extent that they are consistent with the Iowa 68 12 statutory text, the 1972 Official Comments to the 1972 Official 68 13 Text of the Uniform Commercial Code are evidence of legislative 68 14 intent as to the meaning of this chapter as amended by 1974 68 15 Iowa Acts, ch. 1249. However, prior drafts of the Official 68 16 Text and Comments may not be used to ascertain legislative 68 17 intent. 68 18 Sec. 162. Section 558.44, Code 2016, is amended to read as 68 19 follows: 68 20 558.44 Mandatory recordation of conveyances and leases of 68 21 agricultural land. 68 22 1. As used in this section, unless the context otherwise 68 23 requires: 68 24 a. "Agricultural land" means agricultural land as defined in 68 25 section 9H.1. 68 26 b. "Beneficial ownership" includes interests held by a 68 27 nonresident alien individual directly or indirectly holding or 68 28 acquiring a ten percent or greater share in the partnership, 68 29 limited partnership, corporation, or trust, or directly or 68 30 indirectly through two or more such entities. In addition, 68 31 "beneficial ownership" shall include interests held by all 68 32 nonresident alien individuals if the nonresident alien 68 33 individuals in the aggregate directly or indirectly hold or 68 34 acquire twenty=five percent or more of the partnership, limited 68 35 partnership, corporation, or trust. 69 1 c. "Conveyance" means all deeds and all contracts for the 69 2 conveyance of an estate in real property except those contracts 69 3 to be fulfilled within six months from the date of execution 69 4 thereof. 69 5 d. "Nonresident alien" means: 69 6 (1) An individual who is not a citizen of the United States 69 7 and who is not domiciled in the United States. 69 8 (2) A corporation incorporated under the law of any foreign 69 9 country. 69 10 (3) A corporation organized in the United States, 69 11 beneficial ownership of which is held, directly or indirectly, 69 12 by nonresident alien individuals. 69 13 (4) A trust organized in the United States or elsewhere 69 14 if beneficial ownership is held, directly or indirectly, by 69 15 nonresident alien individuals. 69 16 (5) A partnership or limited partnership organized in the 69 17 United States or elsewhere if beneficial ownership is held, 69 18 directly or indirectly, by nonresident alien individuals. 69 191.2. Every conveyance or lease of agricultural land, 69 20 except leases not to exceed five years in duration with 69 21 renewals, conveyances or leases made by operation of law, and 69 22 distributions made from estates to heirs or devisees shall be 69 23 recorded by the grantee or lessee with the county recorder not 69 24 later than one hundred eighty days after the date of conveyance 69 25 or lease. 69 262.3. For an instrument of conveyance of agricultural land 69 27 deposited with an escrow agent, the fact of deposit of that 69 28 instrument of conveyance with the escrow agent as well as the 69 29 name and address of the grantor and grantee shall be recorded, 69 30 by a document executed by the escrow agent, with the county 69 31 recorder not later than one hundred eighty days from the date 69 32 of the deposit with the escrow agent. For an instrument of 69 33 conveyance of agricultural land delivered by an escrow agent, 69 34 that instrument shall be recorded with the county recorder not 69 35 later than one hundred eighty days from the date of delivery of 70 1 the instrument of conveyance by the escrow agent. 70 23.4. At the time of recordation of the conveyance or 70 3 lease of agricultural land, except a lease not exceeding five 70 4 years in duration with renewals, conveyances or leases made 70 5 by operation of law and distributions made from estates of 70 6 decedents to heirs or devisees, to a nonresident alien as 70 7 grantee or lessee, such conveyance or lease shall disclose, 70 8 in an affidavit to be recorded therewith as a precondition 70 9 to recordation, the name, address, and citizenship of the 70 10 nonresident alien. In addition, if the nonresident alien is 70 11 a partnership, limited partnership, corporation, or trust, 70 12 the affidavit shall also disclose the names, addresses, and 70 13 citizenship of the nonresident alien individuals who are the 70 14 beneficial owners of such entities. However, any partnership, 70 15 limited partnership, corporation, or trust which has a class of 70 16 equity securities registered with the United States securities 70 17 and exchange commission under section 12 of the Securities 70 18 Exchange Act of 1934 as amended to January 1, 1978, need only 70 19 state that fact on the affidavit. 70 204.5. Failure to record a conveyance or lease of 70 21 agricultural land required to be recorded by this section 70 22 by the grantee or lessee within the specified time limit is 70 23 punishable by a fine not to exceed one hundred dollars per 70 24 day for each day of violation. The county recorder shall 70 25 record a conveyance or lease of agricultural land presented 70 26 for recording even though not presented within one hundred 70 27 eighty days after the date of conveyance or lease. The county 70 28 recorder shall forward to the county attorney a copy of each 70 29 such conveyance or lease of agricultural land recorded more 70 30 than one hundred eighty days from the date of conveyance. The 70 31 county attorney shall initiate action in the district court 70 32 to enforce the provisions of this section. Failure to timely 70 33 record shall not invalidate an otherwise valid conveyance or 70 34 lease. 70 355.6. If a real estate contract or lease is required to 71 1 be recorded under this section, the requirement is satisfied 71 2 by recording either the entire real estate contract or lease 71 3 or a memorandum of the contract or lease containing at least 71 4 the names and addresses of all parties named in the contract or 71 5 lease, a description of all real property and interests therein 71 6 subject to the contract or lease, the length of the contract 71 7 or initial term of the lease, and in the case of a lease a 71 8 statement as to whether any of the named parties have or are 71 9 subject to renewal rights, and if so, the event or condition 71 10 upon which renewal occurs, the number of renewal terms and the 71 11 length of each, and in the case of a real estate contract a 71 12 statement as to whether the seller is entitled to the remedy 71 13 of forfeiture and as to the dates upon which payments are due. 71 14 This subsection is effective July 1, 1980, for all contracts 71 15 and leases of agricultural land made on or after July 1, 1980. 71 166.7. The provisions of this section, except as otherwise 71 17 provided, are effective July 1, 1979, for all conveyances and 71 18 leases of agricultural land made on or after July 1, 1979. 71 19 Sec. 163. Section 598.7, subsection 1, Code 2016, is amended 71 20 to read as follows: 71 21 1. The district court may, on its own motion or on the 71 22 motion of any party, order the parties to participate in 71 23 mediation in any dissolution of marriage action or other 71 24 domestic relations action. Mediation performed under this 71 25 section shall comply with the provisions of chapter 679C. 71 26 The provisions of this section shall not apply if the action 71 27 involves a child support or medical support obligation enforced 71 28 by the child support recovery unit. The provisions of this 71 29 section shall not apply to actions which involve elder abuseas 71 30 defined in section 235F.1pursuant to chapter 235F or domestic 71 31 abuse pursuant to chapter 236. The provisions of this section 71 32 shall not affect a judicial district's or court's authority 71 33 to order settlement conferences pursuant to rules of civil 71 34 procedure. The court shall, on application of a party, grant a 71 35 waiver from any court=ordered mediation under this section if 72 1 the party demonstrates that a history of domestic abuse exists 72 2 as specified in section 598.41, subsection 3, paragraph "j". 72 3 Sec. 164. Section 602.8108, subsection 2, Code 2016, is 72 4 amended to read as follows: 72 5 2. Except as otherwise provided, the clerk of the district 72 6 court shall report and submit to the state court administrator, 72 7 not later than the fifteenth day of each month, the fines and 72 8 fees received during the preceding calendar month. Except as 72 9 otherwise provided insubsections 3, 4, 6, 8, 9, 10, 11, and 1272 10 this section, the state court administrator shall deposit the 72 11 amounts received with the treasurer of state for deposit in the 72 12 general fund of the state. The state court administrator shall 72 13 report to the legislative services agency within thirty days 72 14 of the beginning of each fiscal quarter the amount received 72 15 during the previous quarter in the account established under 72 16 this section. 72 17 Sec. 165. Section 622.28, Code 2016, is amended to read as 72 18 follows: 72 19 622.28 Writing or record ==== when admissible ==== absence of 72 20 record ==== effect. 72 21 1. Any writing or record, whether in the form of an entry 72 22 in a book, or otherwise, including electronic means and 72 23 interpretations thereof, offered as memoranda or records of 72 24 acts, conditions or events to prove the facts stated therein, 72 25 shall be admissible as evidence if the judge finds that they 72 26 were made in the regular course of a business at or about the 72 27 time of the act, condition or event recorded, and that the 72 28 sources of information from which made and the method and 72 29 circumstances of their preparation were such as to indicate 72 30 their trustworthiness, and if the judge finds that they are not 72 31 excludable as evidence because of any rule of admissibility of 72 32 evidence other than the hearsay rule. 72 33 2. Evidence of the absence of a memorandum or record from 72 34 the memoranda or records of a business of an asserted act, 72 35 event or condition, shall be admissible as evidence to prove 73 1 the nonoccurrence of the act or event, or the nonexistence of 73 2 the condition, if the judge finds that it was in the regular 73 3 course of that business to make such memoranda of all such 73 4 acts, events or conditions at the time thereof or within a 73 5 reasonable time thereafter, and to preserve them. 73 6 3. The termbusiness"business", as used in this section, 73 7 includes a business, profession, occupation,andor calling of 73 8 every kind. 73 9 Sec. 166. Section 622.71, Code 2016, is amended to read as 73 10 follows: 73 11 622.71 Peace officer. 73 12NoA peace officer who receives a regular salary, or any 73 13 other publicofficial shall, in any case,official, shall not 73 14 receive fees as a witness in any case for testifying in regard 73 15 to any matter coming to the officer's or official's knowledge 73 16 in the discharge of the officer's or official's official duties 73 17 insuchthat case in a court in the county of the officer's 73 18 or official's residence, exceptpolicepeace officers who are 73 19 called as witnesses when not on duty. 73 20 Sec. 167. Section 626.51, Code 2016, is amended to read as 73 21 follows: 73 22 626.51 Failure to give notice ==== effect. 73 23 Failure to givesuchnotice of ownership or exemption shall 73 24 not deprive the party of any other remedy. 73 25 Sec. 168. Section 626.52, Code 2016, is amended to read as 73 26 follows: 73 27 626.52 Right to release levy. 73 28 If after levy the officer receivessuchnotice of ownership 73 29 or exemption, such officer may release the property unless a 73 30 bond is given as provided in section 626.54. 73 31 Sec. 169. Section 626.53, Code 2016, is amended to read as 73 32 follows: 73 33 626.53 Exemption from liability. 73 34 The officer shall be protected from all liability by reason 73 35 of such levy until the officer receivessuchwritten notice of 74 1 ownership or exemption. 74 2 Sec. 170. Section 626.54, Code 2016, is amended to read as 74 3 follows: 74 4 626.54 Indemnifying bond ==== sale and return. 74 5 When the officer receivessuchnotice of ownership or 74 6 exemption, the officer may forthwith give the plaintiff, the 74 7 plaintiff's agent, or attorney, notice that an indemnifying 74 8 bond is required. Bond maythereuponbe given by or for the 74 9 plaintiff, with one or more sufficient sureties, to be approved 74 10 by the officer, to the effect that the obligors will indemnify 74 11 the officer against the damages which the officer may sustain 74 12 in consequence of the seizure or sale of the property, and 74 13 will pay to any claimantthereofthe damages the claimant may 74 14 sustain in consequence of the seizure or sale, and will warrant 74 15 to any purchaser of the property such estate or interest 74 16 therein as is sold; and thereupon. After the bond has been 74 17 given and approved, the officer shall proceed to subject the 74 18 property to the execution, and shall return the indemnifying 74 19 bond to the court from which the execution issued. 74 20 Sec. 171. Section 633.230, subsection 1, Code 2016, is 74 21 amended by striking the subsection and inserting in lieu 74 22 thereof the following: 74 23 1. In intestate matters, the administrator, as soon as 74 24 letters are issued, shall cause to be published once each 74 25 week for two consecutive weeks in a daily or weekly newspaper 74 26 of general circulation published in the county in which the 74 27 estate is pending, and at any time during the pendency of 74 28 administration that the administrator has knowledge of the name 74 29 and address of a person believed to own or possess a claim 74 30 which will not or may not be paid or otherwise satisfied during 74 31 administration, provide by ordinary mail to each such claimant 74 32 at the claimant's last known address, a notice of appointment 74 33 which shall be in substantially the following form: 74 34 In the District Court of Iowa 74 35 in and for ...... County. 75 1 In the Estate of Probate No. .... 75 2 ......, Deceased 75 3 NOTICE OF APPOINTMENT OF 75 4 ADMINISTRATOR AND 75 5 NOTICE TO CREDITORS 75 6 To All Persons Interested in the Estate of ......, Deceased, 75 7 who died on or about ...... (date): 75 8 You are hereby notified that on the .... day of ...... 75 9 (month), ... (year), the undersigned was appointed 75 10 administrator of the estate. 75 11 Notice is hereby given that all persons indebted to 75 12 the estate are requested to make immediate payment to the 75 13 undersigned, and creditors having claims against the estate 75 14 shall file them with the clerk of the above=named district 75 15 court, as provided by law, duly authenticated, for allowance, 75 16 and, unless so filed by the later to occur of four months from 75 17 the second publication of this notice or one month from the 75 18 date of the mailing of this notice (unless otherwise allowed or 75 19 paid), a claim is thereafter forever barred. 75 20 Dated this ... day of ..... (month), ... (year) 75 21 .................... 75 22 Administrator of the estate 75 23 .................... 75 24 Address 75 25 .................... 75 26 Attorney for the administrator 75 27 .................... 75 28 Address 75 29 Date of second publication 75 30 .. day of ... (month), ... (year) 75 31 (Date to be inserted by publisher) 75 32 Sec. 172. Section 633.231, subsection 2, Code 2016, is 75 33 amended by striking the subsection and inserting in lieu 75 34 thereof the following: 75 35 2. The notice shall be in substantially the following form: 76 1 In the District Court of Iowa 76 2 in and for ...... County. 76 3 In the Estate of Probate No. .... 76 4 ......, Deceased 76 5 NOTICE OF OPENING ADMINISTRATION 76 6 OF ESTATE, OF APPOINTMENT OF 76 7 ADMINISTRATOR, AND NOTICE 76 8 TO CREDITOR 76 9 To the Department of Human Services Who May Be Interested in 76 10 the Estate of ......, Deceased, who died on or about ...... 76 11 (date): 76 12 You are hereby notified that on the .... day of ...... 76 13 (month), ... (year), an intestate estate was opened in the 76 14 above=named court and that ...... was appointed administrator 76 15 of the estate. 76 16 You are further notified that the birthdate of the deceased 76 17 is ..... and the deceased's social security number is 76 18 ...=...=.... The name of the spouse is ..... The birthdate of 76 19 the spouse is .... and the spouse's social security number is 76 20 ...=...=...., and that the spouse of the deceased is alive as 76 21 of the date of this notice, or deceased as of .... (date). 76 22 You are further notified that the deceased was/was not a 76 23 disabled or a blind child of the medical assistance recipient 76 24 by the name of ....., who had a birthdate of .... and a social 76 25 security number of ...=...=...., and the medical assistance 76 26 debt of that medical assistance recipient was waived pursuant 76 27 to section 249A.53, subsection 2, paragraph "a", subparagraph 76 28 (1), and is now collectible from this estate pursuant to 76 29 section 249A.53, subsection 2, paragraph "b". 76 30 Notice is hereby given that if the department of human 76 31 services has a claim against the estate for the deceased person 76 32 or persons named in this notice, the claim shall be filed with 76 33 the clerk of the above=named district court, as provided by 76 34 law, duly authenticated, for allowance, within six months from 76 35 the date of sending this notice and, unless otherwise allowed 77 1 or paid, the claim is thereafter forever barred. If the 77 2 department does not have a claim, the department shall return 77 3 the notice to the administrator with notification stating the 77 4 department does not have a claim within six months from the 77 5 date of sending this notice. 77 6 Dated this ... day of ..... (month), ... (year) 77 7 .................... 77 8 Administrator of the estate 77 9 .................... 77 10 Address 77 11 .................... 77 12 Attorney for the administrator 77 13 .................... 77 14 Address 77 15 Sec. 173. Section 633.295, Code 2016, is amended by striking 77 16 the section and inserting in lieu thereof the following: 77 17 633.295 Testimony of witnesses. 77 18 The proof may be made by the oral or written testimony of 77 19 one or more of the subscribing witnesses to the will. If such 77 20 testimony is in writing, it shall be substantially in the 77 21 following form executed and sworn to before or after the death 77 22 of the decedent: 77 23 In the District Court of Iowa 77 24 in and for ...... County. 77 25 In the Matter of Probate No. .... 77 26 the Estate of TESTIMONY OF SUBSCRIBING 77 27 ......, Deceased WITNESS ON 77 28 State of ...... ) PROBATE OF WILL 77 29 ...... County ) ss 77 30 I, ......, being first duly sworn, state: 77 31 I reside in the County of ......, State of ........; I 77 32 knew the identity of the testator on the .... day of ...... 77 33 (month), ... (year), the date of the instrument, the original 77 34 or exact reproduction of which is attached hereto, now shown 77 35 to me, and purporting to be the last will and testament of 78 1 the said ........; I am one of the subscribing witnesses 78 2 to said instrument; at the said date of said instrument, I 78 3 knew the identity of ......, the other subscribing witness; 78 4 that said instrument was exhibited to me and to the other 78 5 subscribing witness by the testator, who declared the same to 78 6 be the testator's last will and testament, and was signed by 78 7 the testator at .........., in the County of ......, State of 78 8 ........, on the date shown in said instrument, in the presence 78 9 of myself and the other subscribing witness; and the other 78 10 subscribing witness and I then and there, at the request of the 78 11 testator, in the presence of said testator and in the presence 78 12 of each other, subscribed our names thereto as witnesses. 78 13 .................... 78 14 Name of Witness 78 15 .................... 78 16 Address 78 17 Subscribed and sworn to before me this ... day of ...... 78 18 (month), ... (year) 78 19 .......... 78 20 Signature of notarial officer 78 21 (Stamp) 78 22 [........] 78 23 Title of office 78 24 [My commission expires: 78 25 ......] 78 26 Sec. 174. Section 633.304, subsection 3, Code 2016, is 78 27 amended by striking the subsection and inserting in lieu 78 28 thereof the following: 78 29 3. The notice shall be substantially in the following form: 78 30 In the District Court of Iowa 78 31 in and for ...... County. 78 32 Probate No. .... 78 33 In the Estate of NOTICE OF PROBATE OF WILL, 78 34 ......, Deceased OF APPOINTMENT OF EXECUTOR, 78 35 AND NOTICE TO CREDITORS 79 1 To All Persons Interested in the Estate of ......, Deceased, 79 2 who died on or about ...... (date): 79 3 You are hereby notified that on the .... day of ...... 79 4 (month), ... (year), the last will and testament of ......, 79 5 deceased, bearing the date of the ... day of ..... (month), 79 6 ... (year), was admitted to probate in the above=named court 79 7 and that ...... was appointed executor of the estate. Any 79 8 action to set aside the will must be brought in the district 79 9 court of said county within the later to occur of four months 79 10 from the date of the second publication of this notice or one 79 11 month from the date of mailing of this notice to all heirs of 79 12 the decedent and devisees under the will whose identities are 79 13 reasonably ascertainable, or thereafter be forever barred. 79 14 Notice is further given that all persons indebted to 79 15 the estate are requested to make immediate payment to the 79 16 undersigned, and creditors having claims against the estate 79 17 shall file them with the clerk of the above=named district 79 18 court, as provided by law, duly authenticated, for allowance, 79 19 and, unless so filed by the later to occur of four months from 79 20 the date of second publication of this notice or one month from 79 21 the date of mailing of this notice (unless otherwise allowed or 79 22 paid), a claim is thereafter forever barred. 79 23 Dated this ... day of ..... (month), ... (year) 79 24 .................... 79 25 Executor of estate 79 26 .................... 79 27 Address 79 28 .................... 79 29 Attorney for executor 79 30 .................... 79 31 Address 79 32 Date of second publication 79 33 .. day of ... (month), ... (year) 79 34 (Date to be inserted by publisher) 79 35 Sec. 175. Section 633.304A, subsection 2, Code 2016, is 80 1 amended by striking the subsection and inserting in lieu 80 2 thereof the following: 80 3 2. The notice shall be in substantially the following form: 80 4 In the District Court of Iowa 80 5 in and for ...... County. 80 6 Probate No. .... 80 7 In the Estate of NOTICE OF PROBATE OF WILL, 80 8 ......, Deceased OF APPOINTMENT OF EXECUTOR, 80 9 AND NOTICE TO CREDITORS 80 10 To the Department of Human Services, Who May Be Interested 80 11 in the Estate of ......, Deceased, who died on or about ...... 80 12 (date): 80 13 You are hereby notified that on the ... day of .... (month), 80 14 ... (year), the last will and testament of ......, deceased, 80 15 bearing date of the .... day of ...... (month), ... (year) 80 16 was admitted to probate in the above=named court and that 80 17 ........ was appointed executor of the estate. 80 18 You are further notified that the birthdate of the deceased 80 19 is ..... and the deceased's social security number is 80 20 ...=...=.... The name of the spouse is ..... The birthdate of 80 21 the spouse is .... and the spouse's social security number is 80 22 ...=..=...., and that the spouse of the deceased is alive as 80 23 of the date of this notice, or deceased as of ..... (date). 80 24 You are further notified that the deceased was/was not a 80 25 disabled or a blind child of the medical assistance recipient 80 26 by the name of ....., who had a birthdate of .... and a social 80 27 security number of ...=..=...., and the medical assistance 80 28 debt of that medical assistance recipient was waived pursuant 80 29 to section 249A.53, subsection 2, paragraph "a", subparagraph 80 30 (1), and is now collectible from this estate pursuant to 80 31 section 249A.53, subsection 2, paragraph "b". 80 32 Notice is hereby given that if the department of human 80 33 services has a claim against the estate for the deceased person 80 34 or persons named in this notice, the claim shall be filed 80 35 with the clerk of the above=named district court, as provided 81 1 by law, duly authenticated, for allowance within six months 81 2 from the date of sending this notice and, unless otherwise 81 3 allowed or paid, the claim is thereafter forever barred. If 81 4 the department does not have a claim, the department shall 81 5 return the notice to the executor with notification that the 81 6 department does not have a claim within six months from the 81 7 date of sending this notice. 81 8 Dated this ... day of ..... (month), ... (year) 81 9 .................... 81 10 Executor of estate 81 11 .................... 81 12 Address 81 13 .................... 81 14 Attorney for executor 81 15 .................... 81 16 Address 81 17 Sec. 176. Section 633.305, subsection 3, Code 2016, is 81 18 amended by striking the subsection and inserting in lieu 81 19 thereof the following: 81 20 3. The notice shall be substantially in the following form: 81 21 In the District Court of Iowa 81 22 in and for ...... County. 81 23 Probate No. .... 81 24 In the Estate of NOTICE OF PROOF OF WILL 81 25 ......, Deceased WITHOUT ADMINISTRATION 81 26 To All Persons Interested in the Estate of ......, Deceased, 81 27 who died on or about ...... (date): 81 28 You are hereby notified that on the ... day of .... (month), 81 29 ... (year), the last will and testament of ......, deceased, 81 30 bearing date of the .... day of ...... (month), ... (year), 81 31 was admitted to probate in the above=named court and there will 81 32 be no present administration of the estate. Any action to set 81 33 aside the will must be brought in the district court of the 81 34 county within the later to occur of four months from the date 81 35 of the second publication of this notice or one month from the 82 1 date of mailing of this notice to all heirs of the decedent 82 2 and devisees under the will whose identities are reasonably 82 3 ascertainable, or thereafter be forever barred. 82 4 Dated this .. day of ...... (month), ... (year) 82 5 .................... 82 6 Proponent 82 7 .................... 82 8 Attorney for estate 82 9 .................... 82 10 Address 82 11 Date of second publication 82 12 .. day of ... (month), ... (year) 82 13 (Date to be inserted by publisher) 82 14 Sec. 177. Section 636.26, Code 2016, is amended to read as 82 15 follows: 82 16 636.26 Security subject to court order. 82 17 1. When any investment is made pursuant to approval of the 82 18 court as required by section 636.23 or made or held by and 82 19 with the consent of the court as provided in section 636.25, 82 20 such investment shall not be transferred and any security 82 21 taken to secure such investment shall not be discharged or 82 22 impaired prior to payment or satisfaction thereof without an 82 23 order of the court to that effect, unless otherwise authorized 82 24 by the will, trust agreement or other document under which the 82 25 fiduciary is acting. Nothinghereincontained in this section 82 26 shall be construed as requiring the approval of any court to 82 27 release or discharge of record any mortgage or other lien held 82 28 by any fiduciary upon the payment or satisfaction thereof in 82 29 full. 82 30 2. All releases or discharges of record of mortgages or 82 31 other liens prior to July 4, 1951, by any fiduciary without an 82 32 order of court where such order was required by section 682.26, 82 33 Code 1950, are hereby declared to be valid and effective from 82 34 the filing or recording thereof without such order of court 82 35 being had and obtained, unless within six months after said 83 1 date a statement is filed under oath by the claimant or on the 83 2 claimant's behalf if under disability with the county recorder 83 3 where such release or discharge was filed or recorded setting 83 4 forth the claim upon which the invalidity of such release or 83 5 discharge is based. Nothinghereincontained in this section 83 6 shall affect pending litigation. 83 7 Sec. 178. Section 654.23, Code 2016, is amended to read as 83 8 follows: 83 9 654.23 No redemption rights after sale. 83 10 The mortgagor has no right to redeem after sale. Junior 83 11 lienholders have no right to redeem after sale. Themortgagor 83 12mortgagee or a junior lienholder may purchase at the sale and, 83 13 if so, acquire the same title as would any other purchaser 83 14 other than the mortgagor. If the mortgagor at the sale bids 83 15 an amount equal to the judgment, the property shall be sold 83 16 to the mortgagor even though other persons may bid an amount 83 17 which is more than the judgment. If the mortgagor purchases 83 18 at the sale, the liens of junior lienholders shall not be 83 19 extinguished. If a person other than the mortgagor purchases 83 20 at the sale, the liens of junior lienholders are extinguished. 83 21 Sec. 179. Section 656.9, Code 2016, is amended to read as 83 22 follows: 83 23 656.9 Defect in forfeiture proceedings ==== limitation of 83 24 actions. 83 25 An action shall not be commenced by a vendee who is not in 83 26 possession of the property, or by a party to the forfeiture 83 27 proceeding who is other than a vendee or vendor, that asserts a 83 28 claim against real estate previously subject to a forfeiture 83 29 proceeding, and such claim is based upon a defect in the 83 30 forfeiture proceeding, in which the proof and record of service 83 31 of notice of forfeiture required by section656.6656.5 has 83 32 been filed of record for more than ten years. 83 33 Sec. 180. Section 725.15, Code 2016, is amended to read as 83 34 follows: 83 35 725.15 Exceptions for legal gambling. 84 1 Sections 725.5tothrough 725.10 and 725.12 do not apply to 84 2 a game, activity, ticket, or device when lawfully possessed, 84 3 used, conducted, or participated in pursuant to chapter 99B, 84 4 99F, or 99G. 84 5 Sec. 181. Section 805.8A, subsection 5, paragraph b, Code 84 6 2016, is amended by striking the paragraph. 84 7 Sec. 182. Section 820.22, Code 2016, is amended to read as 84 8 follows: 84 9 820.22 Receiving person extradited. 84 10 Whenever the governor of this state shall demand a person 84 11 charged with crime or with escaping from confinement or 84 12 breaking the terms of the person's bail, probation or parole in 84 13 this state, from the executive authority of any other state, or 84 14 from the chiefjusticejudge or an associatejusticejudge of 84 15 theSupreme Courtsuperior court of the District of Columbia 84 16 authorized to receive such demand under the laws of the United 84 17 States, the governor shall issue a warrant under the seal of 84 18 this state, to some agent, commanding the agent to receive the 84 19 person so charged if delivered to the agent and convey the 84 20 person to the proper officer of the county in this state in 84 21 which the offense was committed. 84 22 Sec. 183. Section 901C.1, subsection 1, Code 2016, is 84 23 amended by striking the subsection. 84 24 Sec. 184. Section 901C.1, subsections 4, 5, 6, and 7, Code 84 25 2016, are amended to read as follows: 84 26 4. Thischaptersection does not apply to dismissals related 84 27 to a deferred judgment under section 907.9. 84 28 5. Thischaptersection applies to all public offenses, as 84 29 defined under section 692.1. 84 30 6. The court shall advise the defendant of the provisions of 84 31 thischaptersection upon either the acquittal or the dismissal 84 32 of all criminal charges in a case. 84 33 7. The supreme court may prescribe rules governing the 84 34 procedures applicable to the expungement of the record of a 84 35 criminal case under thischaptersection. 85 1 Sec. 185. NEW SECTION. 901C.1A Definition. 85 2 As used in this chapter, unless the context otherwise 85 3 requires, "expunge" and "expungement" mean the same as expunged 85 4 in section 907.1. 85 5 Sec. 186. Section 916.2, subsection 4, Code 2016, is amended 85 6 to read as follows: 85 7 4. A privilege under this section does not apply in matters 85 8 of proof concerning the chain of custody of evidence, in 85 9 matters of proof concerning the physical appearance of the 85 10 victim at the time of the injury or the advocate's first 85 11 contact with the victim after the injury, or if thecounselor 85 12advocate has reason to believe that the victim has given 85 13 perjured testimony and the defendant or the state has made an 85 14 offer of proof that perjury may have been committed. 85 15 Sec. 187. REPEAL. Sections 328.55, 445.6, and 558.43, Code 85 16 2016, are repealed. 85 17 Sec. 188. REPEAL. 2015 Iowa Acts, chapter 30, sections 220 85 18 and 222, are repealed. 85 19 Sec. 189. CODE EDITOR DIRECTIVE. 85 20 1. The Code editor is directed to make the following 85 21 transfers: 85 22 a. Section 901C.1 to section 901C.2. 85 23 b. Section 901C.1A as enacted in this Act to section 901C.1. 85 24 2. The Code editor shall correct internal references in the 85 25 Code and in any enacted legislation as necessary due to the 85 26 enactment of this section. 85 27 Sec. 190. EFFECTIVE DATES. 85 28 1. The section of this Act amending section 249K.2, 85 29 subsection 3, Code 2016, takes effect upon the assumption of 85 30 the administration and governance, including but not limited 85 31 to the assumption of the assets and liabilities, of the Iowa 85 32 health information network by the designated entity. The 85 33 department of public health shall notify the Code editor of the 85 34 date of such assumption by the designated entity. 85 35 2. The section of this Act amending section 445.60, Code 86 1 2016, takes effect July 1, 2018. 86 2 3. The section of this Act repealing 2015 Iowa Acts, chapter 86 3 30, sections 220 and 222, being deemed of immediate importance, 86 4 takes effect upon enactment. 86 5 DIVISION II 86 6 CORRESPONDING CHANGES 86 7 Sec. 191. Section 234.38, Code 2016, is amended to read as 86 8 follows: 86 9 234.38 Foster care reimbursement rates. 86 10 The department of human services shall make reimbursement 86 11 payments directly to foster parents for services provided to 86 12 children pursuant to section 234.6, subsection61, paragraph 86 13"b""e", subparagraph (2), or section 234.35. In any fiscal 86 14 year, the reimbursement rate shall be based upon sixty=five 86 15 percent of the United States department of agriculture 86 16 estimate of the cost to raise a child in the calendar year 86 17 immediately preceding the fiscal year. The department may pay 86 18 an additional stipend for a child with special needs. 86 19 EXPLANATION 86 20 The inclusion of this explanation does not constitute agreement with 86 21 the explanation's substance by the members of the general assembly. 86 22 This bill contains statutory corrections that adjust 86 23 language to reflect current practices, insert earlier 86 24 omissions, delete redundancies and inaccuracies, delete 86 25 temporary language, resolve inconsistencies and conflicts, 86 26 update ongoing provisions, or remove ambiguities. The Code 86 27 sections amended include the following: 86 28 Section 8D.14: Strikes obsolete language relating to 86 29 repayment of start=up funding from the Iowa communications 86 30 network fund to the general fund of the state, the submission 86 31 of a report relating to any continued need for funding, and a 86 32 plan for repayment of the final installment of the start=up 86 33 funding. The report was submitted in 2009, the plan for 86 34 repayment was submitted, and the final installment payment was 86 35 made in 2012. 87 1 Sections 12.77, 12.86, and 12.90: Replaces the word "its" 87 2 with a reference back to a prior string citation to correct 87 3 the grammar and clarify the meaning of these statements of 87 4 necessity and construction provisions relating to bond issuance 87 5 for the vision Iowa, school infrastructure, and Iowa jobs 87 6 programs and for infrastructure projects, within the treasurer 87 7 of state's Code chapter. 87 8 Section 13.7: Clarifies, by including the full name of the 87 9 executive council, that it is the executive council's reasons 87 10 and actions that are to be entered upon the council's records 87 11 in proceedings relating to employment and compensation of 87 12 special legal counsel in pending legal actions or proceedings 87 13 to protect the interests of the state. 87 14 Section 13C.2: Conforms terminology used to refer to 87 15 governmental entities in this provision requiring registration 87 16 and disclosure by professional commercial fund=raisers to 87 17 language within the definition of the terms "solicit" or 87 18 "solicitation" in Code section 13C.1. 87 19 Section 15.338: Corrects an internal reference to the 87 20 provision regarding agreements between cities and the economic 87 21 development authority in this provision relating to development 87 22 of a plan by the authority for use of funds provided to a city 87 23 for nuisance property remediation. 87 24 Section 15.353: Adds an alpha reference to a paragraph 87 25 reference to clarify the meaning of the reference in this 87 26 provision establishing one of the project requirements for 87 27 receipt of tax incentives under the workforce housing tax 87 28 incentives program. 87 29 Section 15H.5: Clarifies that certain specified program 87 30 requirements apply only to the management of the Iowa summer 87 31 youth corps program and not to the other two programs that are 87 32 funded in this Code section. 87 33 Section 16.2D: Clarifies that both the positions of 87 34 chairperson and vice chairperson of the council on homelessness 87 35 rotate between the general public or agency director members 88 1 because both positions cannot be held at the same time by 88 2 general public members or by agency director members. 88 3 Section 17A.17: Deletes extra commas and moves language to 88 4 improve the readability of this provision relating to persons 88 5 or parties with whom a presiding officer may communicate in 88 6 a contested case proceeding under the Iowa administrative 88 7 procedure Act. 88 8 Section 21.5: Substitutes the word "or" for a comma to 88 9 complete a phrase in language providing for the holding of a 88 10 closed session of a governmental body to avoid disclosure of 88 11 specific law enforcement matters. 88 12 Section 28F.12: Adds the words "the entity is" to supply the 88 13 subject of a sentence regarding the applicability of the Code 88 14 chapter governing flood mitigation by governmental entities and 88 15 to conform to similar language used elsewhere in subsection 2 88 16 of this Code section. 88 17 Section 48A.26: Conforms language referring to a series 88 18 of questions contained in Code section 48A.11, subsection 3, 88 19 to the current format of those questions. When the series 88 20 of questions was originally enacted in Code section 48A.11, 88 21 by 2004 Iowa Acts, ch. 1083, {10, the first question was a 88 22 paragraph "a" of new subsection 2A. 88 23 Section 91E.2: Removes a requirement that the Iowa 88 24 department of workforce development's list of Spanish=speaking 88 25 interpreters be drawn from the commission of Latino affairs' 88 26 statewide list of qualified interpreters. The requirement that 88 27 the commission of Latino affairs maintain a list of qualified 88 28 interpreters was eliminated when Code section 216A.15 was 88 29 rewritten by 2010 Acts, ch. 1031, {111. 88 30 Section 96.7: Adds language relating to rules adoption by 88 31 the Iowa department of workforce development in this provision 88 32 relating to employer unemployment compensation contributions 88 33 and reimbursements to be paid by nonprofit organizations to 88 34 conform to similar rules adoption language throughout the Code. 88 35 Section 96.13: Strikes redundant language in a citation as 89 1 well as obsolete language relating to replenishment of lost or 89 2 improperly expended social security funds received prior to 89 3 July 1, 1941. 89 4 Section 96.19: Strikes language relating to wages for 89 5 insured work performed prior to January 1, 1941, in the 89 6 definition of the term "wages" that applies to this Code 89 7 chapter governing unemployment compensation. 89 8 Section 96.20: Adds the words "in the" between the words 89 9 "duplication" and "use" to complete a phrase in language 89 10 relating to coordination of efforts of multiple states to 89 11 determine the amount of unemployment compensation payable to 89 12 the wages and employment of a single individual. 89 13 Sections 97B.49C and 97B.49G: Replaces the phrase "defined 89 14 in section 39.17" with the phrase "described in section 89 15 331.651" because Code section 39.17 provides for the election 89 16 of county sheriffs, but does not define or describe the office, 89 17 whereas Code section 331.651 does describe the office of county 89 18 sheriff. 89 19 Sections 99.28, 99.29, 99.30, and 99.31: Updates language 89 20 relating to imposition and collection of mulct taxes by 89 21 inserting the word "mulct" or replacing the word "said" 89 22 with the word "mulct" in references to the tax and replacing 89 23 nonspecific references to tax books, Code chapter 99, and 89 24 nuisances with more specific language. 89 25 Sections 99B.3 and 99B.55: Replaces the word "suspended" 89 26 in language relating to administrative actions with the word 89 27 "stayed" to distinguish actions of the department from the 89 28 denial, suspension, or revocation of a gambling license; 89 29 narrows an internal reference to specify the location of 89 30 hearing authorization language; and conforms the style of rule 89 31 making language to language elsewhere in the Code. 89 32 Section 99F.15: Replaces the words "to aid" with "who aids" 89 33 to relate the second half of language prohibiting a person from 89 34 engaging in certain unlawful betting activities to the initial 89 35 subject of the prohibition. 90 1 Section 123.9: Adds the granting of wine permits to general 90 2 provisions outlining the power of the administrator of the 90 3 division of alcoholic beverages to issue various permits to 90 4 conform the provision to language in Code section 123.174 90 5 which specifically authorizes the administrator to issue wine 90 6 permits. 90 7 Sections 123.48, 321M.1, 321M.2, 321M.3, 321M.4, and 90 8 331.557A: Changes the term "nonoperator identification card" 90 9 to "nonoperator's identification card" in provisions relating 90 10 to the seizure of altered or falsified driver's licenses or 90 11 nonoperator's identification cards by certain persons, county 90 12 issuance of driver's licenses, and county treasurer's duties 90 13 relating to county issuance of driver's licenses. In Code 90 14 section 123.48, language regarding the taking of identification 90 15 cards is also conformed to indicate that both driver's licenses 90 16 and nonoperator's identification cards may be seized. 90 17 Sections 123.124, 123.127, 123.128, 123.129, 123.130, 90 18 123.131, 123.132, 123.134, 123.135, 123.136, 123.137, 123.138, 90 19 123.139, 123.140, 123.141, 123.142, 123.143, and 123.144: Adds 90 20 the word "beer" before the word "permit" and "permittee" in 90 21 the subchapter relating to the manufacture or sale of beer 90 22 to clarify what permit is being referenced in each of the 90 23 Code sections and to conform the treatment of references to 90 24 beer permits to the treatment of references to other types 90 25 of permits issued under the alcoholic beverage control Code 90 26 chapter. 90 27 Section 135.175 and 2015 Iowa Acts, ch. 30, {220 and 222: 90 28 Replaces a strike of language in 2015 Iowa Acts, ch. 30, that 90 29 is to take effect July 1, 2016, with a new amendment to Code 90 30 section 135.175 that strikes all of the same references to 90 31 various programs, except for references to the fulfilling 90 32 Iowa's need for dentists matching grant program, to correct an 90 33 error in 2015 Iowa Acts, ch. 30. The references to programs 90 34 which are stricken from Code section 135.175 all sunset on 90 35 July 1, 2016, but the Iowa's need for dentists matching grant 91 1 program continues as a viable program in Code chapter 135 after 91 2 that date. 91 3 Section 135.176: Adds the word "position" after the word 91 4 "residency" to conform to other language in this Code section 91 5 relating to the provision of funding for residency positions 91 6 within medical residency or fellowship programs. 91 7 Section 135.185: Replaces the term "sports area" with the 91 8 term "sports arena" in the definition of the term "facility" in 91 9 this provision relating to the maintaining of prescriptions for 91 10 and supplies of epinephrine auto=injectors at certain secure 91 11 locations because a sports arena, unlike a sports area but like 91 12 the other locations mentioned in the "facility" definition, 91 13 would have the storage capabilities needed to maintain the 91 14 injectors. 91 15 Section 135C.42: Strikes language requiring the department 91 16 of inspections and appeals to hold an informal conference with 91 17 health care facilities which are the subject of a citation for 91 18 violations based upon an inspection or investigation of the 91 19 facility to conform the language with prior language in this 91 20 Code section that indicates that the informal conference is to 91 21 be held by an independent reviewer provided by the department, 91 22 not the department itself. 91 23 Section 144D.1: Adds the word "form" after the words 91 24 "physician orders for scope of treatment" to conform language 91 25 within the definition of "patient" to the defined term in this 91 26 Code chapter regulating physician orders for scope of treatment 91 27 forms. 91 28 Section 153.33: Moves language and renumbers this provision 91 29 relating to the powers of the dental board to separate out 91 30 the enumerated board powers from language relating to the 91 31 appointment of employees, the executive director, and certain 91 32 inspectors, as well as the procedures and rules for the 91 33 conducting of hearings by the board. 91 34 Section 192.110: Corrects one of the names of two federal 91 35 publications that set standards for interstate milk shipments 92 1 to reflect the current name of the publication. 92 2 Section 192.118: Changes the word "insure" to "ensure" 92 3 to more accurately reflect the role of the department of 92 4 agriculture and land stewardship's bacteriological laboratory 92 5 employee in certifying all laboratories doing work in the 92 6 sanitary quality of milk and dairy products. 92 7 Section 206.2: Strikes a definition of the term "poison 92 8 control center" from this definitions provision for the Code 92 9 chapter relating to the regulation of pesticides because the 92 10 term is no longer used in Code chapter 206. The provision that 92 11 did use the term was stricken by 2012 Iowa Acts, ch. 1095, 92 12 {135. 92 13 Section 218.95: Strikes a paragraph equating the term 92 14 "asylum" with the term "hospital". Section 218.95 applies to 92 15 subtitles 2 through 6 of Title VI, entitled "Human Services", 92 16 and to Code chapters 904, 913, and 914. The term "asylum" 92 17 does not appear at all in Code chapters 904, 913, or 914. The 92 18 term does appears one other time in Title VI: in Code section 92 19 239B.2B, where the term is used to refer to the granting of 92 20 asylum to noncitizens. 92 21 Sections 222.6 and 222.12: Strikes redundant language 92 22 relating to mental health and disability services regions which 92 23 appears after the term "regional administrator" to conform the 92 24 language to the definition of the term "regional administrator" 92 25 in Code section 222.2. 92 26 Sections 225.10, 225.13, 225.15, 225.17, 225C.14, and 92 27 225C.16: Changes the word "of" to "for" in language relating 92 28 to regional administrators for counties of residence to reflect 92 29 the fact that regional administrators often serve multiple 92 30 counties and are not a county entity. 92 31 Section 225C.19A: Adds a comma to set off a phrase and 92 32 then adds a reference to Code chapter 135H to a series of Code 92 33 chapter references that exclude crisis stabilization programs 92 34 from being required to conform to the licensing requirements 92 35 applicable to the facilities within which the programs operate, 93 1 to conform the programs added by 2015 Iowa Acts, ch. 75, to the 93 2 requirements applicable to programs that existed prior to that 93 3 Act. 93 4 Section 226.9C: Breaks a list of qualifications for mental 93 5 health professionals that currently appears after a colon into 93 6 a lettered list and changes "a county's regional administrator" 93 7 to "the regional administrator for the county" to reflect the 93 8 fact that regional administrators often serve multiple counties 93 9 and are not a county entity. 93 10 Section 227.1: Changes "under the supervision of" 93 11 to "administered by" in language relating to regulatory 93 12 requirements applicable to county and private institutions 93 13 for persons with mental illness to reflect the changes in 93 14 the duties of the administrator of the division of mental 93 15 health and disability services from direct supervision to 93 16 administrative supervision of those institutions. 93 17 Section 228.1: Adds in the words "and is" to clarify 93 18 that the phrase "licensed by the board of nursing" applies 93 19 to advanced nurse practitioners and not to the national 93 20 certification in psychiatric mental health care in language 93 21 defining the qualifications for mental health professionals 93 22 under the Code chapter regulating disclosure of mental health 93 23 and psychological information. 93 24 Sections 229.13, 229.14, 229.14A, 230.1, and 230.3: Changes 93 25 "county's regional administrator" to "regional administrator 93 26 for a county" or "regional administrator for the county" 93 27 in provisions relating to involuntary hospitalization and 93 28 support of persons with mental illness to reflect the fact that 93 29 regional administrators often serve multiple counties and are 93 30 not a county entity. 93 31 Section 232.2: Changes "county" to "county's" in language 93 32 relating to membership of the teams that develop transition 93 33 plans of services for children transitioning from foster care 93 34 to adulthood to conform to language in Code section 331.388 93 35 that indicates regional administrators are formed by agreement 94 1 of counties participating in a region. 94 2 Sections 234.6 and 234.38: Moves language and redesignates 94 3 provisions within Code section 234.6 that outline the powers 94 4 and duties of the administrator of the division of child and 94 5 family services to separate the language describing powers 94 6 and duties specific to the administrator from language that 94 7 describes powers, duties, and responsibilities ascribed to the 94 8 entire department of human services. An internal reference 94 9 to a subsection that is redesignated in Code section 234.6 is 94 10 corrected in Code section 234.38. 94 11 Section 249K.2: Replaces a citation to a definition in Code 94 12 section 135.154 with a replacement citation to new Code section 94 13 135D.2, contingent upon the assumption of the administration 94 14 and governance of the Iowa health information network by the 94 15 designated entity. Under the terms of 2015 Iowa Acts, ch. 73, 94 16 Code section 135.154 is to be repealed and new Code chapter 94 17 135D enacted upon occurrence of that same contingency. 94 18 Section 257.42: Numbers unnumbered paragraphs, replaces a 94 19 numeric self=reference with "this section", and clarifies that 94 20 the department referenced in this provision relating to program 94 21 plans for gifted and talented children is the department of 94 22 education. 94 23 Section 261.113: Replaces references to "osteopathy 94 24 degree" with "osteopathic medicine degree" in this Code section 94 25 establishing the rural Iowa primary care loan repayment program 94 26 to reflect changes regarding the practice of osteopathic 94 27 medicine made in 2008 Iowa Acts, ch. 1088. 94 28 Section 261G.4: Adds the word "and" within an interim 94 29 citation series to conform the treatment of the interim 94 30 series to the treatment of the other components of the larger 94 31 series of citations outlining the requirements with which a 94 32 participating resident education institution must comply if an 94 33 interstate reciprocity agreement requires compliance. 94 34 Sections 275.1 and 275.28: Changes "to" to "through" to 94 35 conform a string citation to current bill drafting style 95 1 and to clarify the applicability of the last Code section 95 2 in the string citation in these two provisions relating to 95 3 reorganization of school districts. 95 4 Section 307.24: Replaces the word "defined" with 95 5 "described" in language describing the location of certain 95 6 roads as being on state fairgrounds. Code chapter 173 governs 95 7 the Iowa state fair and maintenance of state fairgrounds, but 95 8 does not include a definition of state fairgrounds. 95 9 Section 307.46: Replaces a reference to the former 95 10 legislative oversight committee of the legislative council 95 11 with a reference to the general assembly's standing committees 95 12 on government oversight to conform this provision requiring 95 13 reporting by the state department of transportation regarding 95 14 expenditure of certain funds encumbered for employee training 95 15 and technology enhancement to changes made by 2009 Acts, 95 16 ch. 86, and in which the legislative council committee was 95 17 eliminated. 95 18 Section 307A.2: Rewrites language relating to adoption 95 19 of rules pertaining to the criteria to be used by the state 95 20 transportation commission for allocating funds as a result of 95 21 any long=range planning process to conform the style of the 95 22 language to the style of the other provisions describing the 95 23 duties of the commission. 95 24 Section 310.28: Numbers unnumbered paragraphs and updates 95 25 the style of language relating to payment of certain expenses 95 26 from the farm=to=market road fund. 95 27 Section 313.2: Adds the word "road" between the words 95 28 "primary" and "system" in language relating to the addition 95 29 of certain roads by the department of transportation to the 95 30 primary road system to shorten direct lines of travel or 95 31 facilitate connections to interstate roads at state lines to 95 32 conform the reference to other references in Code chapter 313 95 33 to that system. 95 34 Section 313.12: Adds the word "road" between the words 95 35 "primary" and "system" in language relating to the state 96 1 department of transportation's duty to supervise and inspect 96 2 the system of primary roads to conform the reference to other 96 3 references in Code chapter 313 to that system. 96 4 Sections 313.64 and 313.65: Numbers paragraphs and changes 96 5 "to" to "through" to conform a string citation to current 96 6 bill drafting style and to clarify the applicability of the 96 7 last Code section in the string citation in these provisions 96 8 relating to statements regarding the offering of certain 96 9 privately owned interstate bridges as a gift to the state. 96 10 Sections 321.1 and 321.69: Strikes the words "or airbag" 96 11 from the definition of "air bag" and strikes a redundant 96 12 instance of the word "permit" from a series relating to various 96 13 permits which are included within the meaning of the term 96 14 "driver's license" in Code section 321.1. The term "airbag" is 96 15 also changed to "air bag" in Code section 321.69 to eliminate 96 16 the only other instance of that spelling in the Code and to 96 17 conform with the strike of "airbag" from Code section 321.1. 96 18 Section 321.12: Supplies a missing "and" from language 96 19 specifying the time frame and criteria for destruction of 96 20 records which are deemed obsolete by the director of the state 96 21 department of transportation. 96 22 Sections 321G.1 and 321I.1: Deletes a definition of the term 96 23 "document" from the definition sections for the Code chapters 96 24 governing snowmobiles and all=terrain vehicles because the term 96 25 is not used anywhere in either of the two Code chapters. 96 26 Section 321H.2: Adds a United States Code citation for 96 27 the federal motor vehicle title history database to language 96 28 added by 2015 Iowa Acts, ch. 52, that refers to that federally 96 29 mandated system that is maintained by the United States 96 30 department of justice. 96 31 Section 327G.32: Replaces language and a reference to Code 96 32 section 327G.14, which was repealed by 2015 Iowa Acts, ch. 123, 96 33 {43, with language referring to a "schedule 'two' penalty" 96 34 under Code section 327C.5. Former Code section 327G.14 96 35 provided for the imposition of a schedule "two" penalty for 97 1 certain criminal violations and Code section 327C.5 describes 97 2 the punishment applicable to a schedule "two" violation. 97 3 Section 328.55: Repeals an obsolete provision relating to 97 4 the inspection of governmental subdivision airports between 97 5 July 1, 1976, and July 1, 1977, and compliance by those 97 6 airports within one year with any rules adopted by the state 97 7 department of transportation. 97 8 Section 331.802: Converts two adjectives describing two 97 9 types of violent death to nouns to conform these references to 97 10 these two types of violent death to other instances in which 97 11 these types of violent death are referenced elsewhere in the 97 12 Code. 97 13 Section 331.910: Changes an internal reference from 97 14 "section" to "subsection" to conform language describing 97 15 contracts entered into for the treatment of persons who 97 16 have been detained, committed, or placed for treatment on 97 17 an involuntary basis to language describing contracts for 97 18 treatment for persons who have been voluntarily detained or 97 19 placed. 97 20 Section 426B.3: Strikes obsolete language prohibiting the 97 21 appropriation by the general assembly of county Medicaid offset 97 22 repayments for mental health and disability services during the 97 23 fiscal year beginning July 1, 2014. 97 24 Section 428.35: Moves, redrafts, and redesignates language 97 25 to create an enumerated, alphabetical list of definitions 97 26 within this provision pertaining to excise taxes imposed on the 97 27 handling of grain. 97 28 Section 434.22: Strikes the word "said" and adds language 97 29 specifying that the statement referenced is the statement of 97 30 the department of revenue under Code section 434.17, in this 97 31 provision describing the process for assessment, levy, and 97 32 collection of tax upon railway property. 97 33 Section 437.10: Strikes the word "said" and adds language 97 34 specifying that the statement referenced is the statement of 97 35 the department of revenue under Code section 434.17, in this 98 1 provision describing the process for assessment, levy, and 98 2 collection of tax upon electric transmission lines. 98 3 Section 438.15: Strikes the word "said" and adds language 98 4 specifying that the statement referenced is the statement of 98 5 the department of revenue under Code section 434.17, in this 98 6 provision describing the process for assessment, levy, and 98 7 collection of tax upon pipeline company property. 98 8 Section 440.6: Strikes the word "said" and adds language 98 9 specifying the Code section in which a 10 percent penalty is 98 10 assessed in language providing for the assessment of additional 98 11 penalties for the fraudulent withholding of property from 98 12 property tax assessment. 98 13 Section 441.21: Numbers unnumbered paragraphs and then 98 14 strikes redundant language and changes "to" to "through" in 98 15 a string citation to conform the citation to current bill 98 16 drafting style and to clarify the applicability of the last 98 17 Code section in the string citation in the provision relating 98 18 to assessed and actual values of property for property tax 98 19 purposes. 98 20 Section 445.6: Repeals an obsolete provision relating to 98 21 applications to waive tax statement requirements for fiscal 98 22 years beginning July 1, 1998, and July 1, 1999, that had 98 23 to have been received on or before January 1, 1999, by the 98 24 department of management. 98 25 Section 445.60: Strikes, effective July 1, 2018, a 98 26 reference to the state board of tax review. The state board 98 27 disposed of all cases pending before the board on October 5, 98 28 2015, and dissolved, and Code section 421.1, establishing the 98 29 state board of tax review, was repealed by its own terms. 98 30 Section 453A.45: Replaces two internal references to 98 31 "subdivision" with "subsection" in language relating to the 98 32 sale of tobacco products by licensed distributors because there 98 33 are no "subdivisions" anywhere in the Code, and because, when 98 34 this Code section was enacted in 1967 Iowa Acts, ch. 348, the 98 35 term "subdivision" was used to refer to subsections of Code 99 1 sections. 99 2 Section 455B.216: Replaces a reference to a "board" with 99 3 a reference to the director of the department of natural 99 4 resources in language relating to the examination of candidates 99 5 for certification as water or wastewater treatment plant, water 99 6 distribution system, or water supply operators. Responsibility 99 7 for oversight of the examinations was moved to the director and 99 8 the department of natural resources as part of the changes made 99 9 in 1986 Iowa Acts, ch. 1245. 99 10 Section 456A.15: Updates language in this provision 99 11 relating to removal of appointees and employees of the 99 12 department of natural resources to include a reference to the 99 13 provisions authorizing appointment and employment of personnel 99 14 by the department. 99 15 Section 456A.38: Removes a reference to the term 99 16 "authority" from a list of terms that are defined in Code 99 17 section 16.58 to its own definition provision in this 99 18 definitions section for the Code chapter pertaining to 99 19 regulation and funding of the department of natural resources. 99 20 The term "authority" is not defined in Code section 16.58, but 99 21 is defined in Code section 16.1. 99 22 Section 459A.103: Strikes the redundant words "effluent 99 23 and" from language describing what is to be construed as 99 24 encompassed within the regulation of effluent under the open 99 25 feedlot operations and animal truck wash facilities Code 99 26 chapter. 99 27 Section 459A.206: Adds the missing words "or unformed 99 28 structure" in two places in language relating to soil corings 99 29 that must be taken as part of a soil profile for proposed sites 99 30 for construction of settled open feedlot effluent basins or 99 31 unformed animal truck wash effluent structures. 99 32 Section 459A.404: Strikes redundant language and replaces 99 33 in two places the words "including expanded" with "or expanded" 99 34 to improve the readability of this provision establishing 99 35 restrictions on the construction or expansion of animal truck 100 1 wash effluent structures. 100 2 Section 461A.36: Updates language relating to speed limits 100 3 in state parks and preserves and adds language specifying the 100 4 default speed limit to language establishing the procedure for 100 5 changes to that speed limit. 100 6 Section 468.149: Restructures and breaks out the elements 100 7 to improve the readability of the offense of obstructing or 100 8 damaging ditches, drains, watercourses, levees, settling basin 100 9 banks, or other levee or drainage district improvements or 100 10 property. 100 11 Section 468.207: Restructures to improve the readability of 100 12 language establishing the form of a notice informing property 100 13 owners and interest holders of plans to construct, repair, or 100 14 alter flood control improvements. 100 15 Section 468.209: Restructures by redesignating this 100 16 provision regarding entry of orders approving plans to 100 17 construct, repair, or alter flood control improvements to 100 18 separate provisions regarding the effect of the order from 100 19 language relating to modification of or changes to the order, 100 20 once it has been entered. 100 21 Section 468.375: Replaces the Code section headnote with 100 22 a headnote that was originally attached to this Code section 100 23 relating to levee and drainage district refunding bonds when 100 24 the provision was first enacted in 1923 Iowa Acts, ch. 159, {9, 100 25 to eliminate the ambiguous reference to the term "Act" that 100 26 currently exists in the Code section headnote. 100 27 Section 468.540: Replaces the word "hereinafter" with 100 28 "in this part" to clarify the location of the limitations 100 29 and procedures applicable to drainage refunding bonds. The 100 30 provisions in subchapter IV, part 1, were contained in their 100 31 own Code chapter, Code chapter 463, prior to being transferred 100 32 to Code chapter 468 by 1989 Iowa Acts, ch. 126, and were 100 33 originally enacted as a separate Code chapter in 1927 Iowa 100 34 Acts, ch. 187. 100 35 Section 481A.91: Redrafts to update and clarify this 101 1 provision prohibiting the killing and possession of certain 101 2 animals which have been killed with a shotgun or spear. 101 3 Section 484B.5: Adds the word "operator's" to clarify that 101 4 it is the hunting preserve operator's license which, when 101 5 received, requires the licensee to post signs and fence the 101 6 boundaries of a hunting preserve. 101 7 Section 490.1320: Changes two references to "part" and two 101 8 references to "chapter" to refer to "division" to conform this 101 9 language regarding notice of proposed action by a business 101 10 corporation to consummate a merger or share exchange, dispose 101 11 of assets, convert the corporation to another entity, or make 101 12 certain amendments to the articles of incorporation to the 101 13 model Act upon which the language was originally based. 101 14 Section 499B.2: Replaces "herein" with "in this chapter" to 101 15 clarify the applicability of the definitions Code section for 101 16 the Code chapter under which condominiums are regulated. 101 17 Section 504.834: Adds the words "of this subchapter" to 101 18 clarify which part 5 within Code chapter 504 governs advances 101 19 made to directors or officers of nonprofit corporations. 101 20 Section 505.32: Strikes obsolete language, relating to 101 21 a legislative health care coverage commission that concluded 101 22 operations in 2011, that required the commissioner of insurance 101 23 to consult with and report to that commission regarding the 101 24 Iowa insurance information exchange, and substitutes the actual 101 25 date for the words "the effective date of this section". 101 26 Section 507B.4: Enumerates, for readability, the content 101 27 requirements for an insurer's statement of capital and surplus 101 28 which appear after a colon and separates those requirements 101 29 from other language that requires the contents of that 101 30 statement to correspond to the latest verified statement made 101 31 by the insurer to the commissioner of insurance. 101 32 Section 507B.4C: Adds a comma to set off a clause to clarify 101 33 that the requirement of a demonstration of financial hardship 101 34 applies to both the exempting of an insurer from death master 101 35 file comparison and from the performance of death master file 102 1 comparisons less frequently than semiannually. 102 2 Section 511.31: Updates language to clarify the meaning of 102 3 ambiguous wording in this provision governing when an insurer 102 4 is estopped from asserting that an insured was not in the 102 5 condition of health required by a policy. 102 6 Section 515.48: Strikes the redundant language "of this 102 7 section" in an internal reference and then separates additional 102 8 items that may be insured under a non=life insurance policy 102 9 into new subparagraphs to distinguish those additional losses 102 10 not occasioned by the explosion of certain pressure vessels 102 11 from losses that may be insured. 102 12 Section 517.3: Splits a subparagraph which relates to 102 13 distribution of unallocated insurance liability loss expense 102 14 payments in two different years into two subparagraphs and 102 15 redesignates a subsequent subparagraph to conform the content 102 16 and style of the language to the balance of the subparagraphs 102 17 which contain the percentages of payments to be distributed in 102 18 a single year. 102 19 Section 519A.1: Numbers unnumbered paragraphs and changes 102 20 "to" to "through" to conform a string citation to current 102 21 bill drafting style and to clarify the applicability of the 102 22 last Code section in the string citation in this provision 102 23 expressing the legislative intent of the Code chapter 102 24 establishing a joint underwriting association for medical 102 25 malpractice insurance. 102 26 Sections 519A.2, 519A.3, 519A.4, 519A.5, 519A.10, and 102 27 519A.13: Changes "to" to "through" and eliminates numeric 102 28 self=references to conform string citations to current 102 29 bill drafting style and to clarify the applicability of 102 30 the last Code section in each of the string citations in 102 31 these provisions in the Code chapter establishing a joint 102 32 underwriting association for medical malpractice insurance. 102 33 Section 521A.5: Strikes the word "who" to clarify that the 102 34 prohibition against being a beneficial owner of a controlling 102 35 interest in voting stock applies to the majority of the members 103 1 of any committees established by the board of directors of a 103 2 domestic insurer. 103 3 Section 523A.207: Replaces an internal reference to 103 4 "section" with "subsection" to reflect the fact that the 103 5 requirement for the filing of an audit prior to the sale or 103 6 transfer of a purchase agreement as part of the sale of a 103 7 business or assets of a business under the cemetery and funeral 103 8 merchandise and funeral services Code chapter is contained in 103 9 subsection 1 only of this Code section. 103 10 Section 523A.807: Adds the word "or" to complete a series of 103 11 Code section citations which contain the conditions precedent 103 12 to the issuance of an order by the commissioner of insurance 103 13 requiring payment of a civil penalty or prohibiting a person 103 14 from engaging in any business regulated under the cemetery and 103 15 funeral merchandise and funeral services Code chapter. 103 16 Section 554.11109: Adds language referencing the 103 17 legislation in which this Code section was enacted to limit the 103 18 meaning of the language to its meaning when it was enacted. 103 19 New articles have been adopted in Code chapter 554 since the 103 20 1974 legislation and major revisions to existing articles have 103 21 also been enacted, making the 1972 official comments of limited 103 22 or no use with respect to those changes. 103 23 Sections 558.43 and 558.44: Repeals Code section 558.43, 103 24 reenacts the content as an alphabetized definitions subsection 103 25 within Code section 558.44, and redesignates Code section 103 26 558.44 to accommodate the addition of the definitions to this 103 27 Code section relating to recordation of conveyances and leases 103 28 of agricultural land. Another definitions section exists in 103 29 Code chapter 558, but, with the exception of the definition of 103 30 "conveyance", the definitions contained in Code section 558.43 103 31 are used only in Code section 558.44. Code sections 558.43 103 32 and 558.44 were enacted together in a single Acts section in 103 33 1978 Iowa Acts, ch. 1079, {9, which dealt exclusively with the 103 34 subject of corporate farming. 103 35 Section 598.7: Changes a reference from Code section 235F.1 104 1 to Code chapter 235F to conform language to exclude actions 104 2 involving elder abuse from a requirement for mediation to 104 3 the style of the language used to exclude actions involving 104 4 domestic abuse. 104 5 Section 602.8108: Replaces a series of specific subsection 104 6 references with general language outlining the circumstances 104 7 under which the fine and fee amounts will not be deposited 104 8 in the general fund of the state. A reference to subsection 104 9 7 is not included within the series and should be due to its 104 10 enactment in 2015 Iowa Acts, ch. 96, {14. In addition, each 104 11 of the subsections in this Code section that require deposit 104 12 of moneys into other funds specifically states the fund into 104 13 which the moneys are to be deposited. Removing the list of 104 14 exceptions will avoid the need to expand the list of exceptions 104 15 each time that a new exception is enacted. 104 16 Section 622.28: Numbers unnumbered paragraphs and puts 104 17 a definition of a term into standard form in this provision 104 18 relating to the admissibility of writings or records or the 104 19 absence of writings or records. 104 20 Section 622.71: Updates the style to improve the 104 21 readability of language specifying when a peace officer may 104 22 receive fees as a witness in a legal proceeding. The word 104 23 "police" is also changed to "peace" to conform that reference 104 24 to law enforcement officers to earlier language in this Code 104 25 section. 104 26 Sections 626.51, 626.52, and 626.53: Changes "such notice" 104 27 to "notice of ownership or exemption" to clarify that the 104 28 notice referred to in these provisions regarding a levy 104 29 on property by a law enforcement officer is the notice of 104 30 ownership or exemption and not the notice of levy. 104 31 Section 626.54: Updates language, moves language appearing 104 32 after a semicolon into a new sentence, and clarifies that 104 33 the notice referenced at the beginning of this provision 104 34 relating to the giving of an indemnifying bond against damages 104 35 for seizure or sale of property is a notice of ownership or 105 1 exemption. 105 2 Sections 633.230, 633.231, 633.295, 633.304, 633.304A, 105 3 and 633.305: Strikes and rewrites to recaption the initial 105 4 information in a series of probate forms relating to the name 105 5 of the district court, the deceased, the probate number, and 105 6 the title of the form and to otherwise conform the format of 105 7 the probate forms to each other and to other, similar probate 105 8 forms that appear in the Iowa court rules publication. 105 9 Section 636.26: Numbers unnumbered paragraphs and changes 105 10 references from "herein" to "in this section" to clarify 105 11 that court approval is not required for certain releases or 105 12 discharges of mortgages or liens held by a fiduciary and does 105 13 not apply to pending litigation. 105 14 Section 654.23: Conforms language appearing at the 105 15 beginning of this Code section relating to redemption rights 105 16 after and title acquired due to purchase of property at a 105 17 foreclosure sale to the substance of language that appears 105 18 later in the Code section. 105 19 Section 656.9: Corrects a reference to the Code section 105 20 that requires notice of forfeiture to be given that appears 105 21 within this Code section regarding the statute of limitations 105 22 that applies to actions based upon a defects in forfeiture 105 23 proceedings. 105 24 Section 725.15: Changes "to" to "through" to conform 105 25 a string citation to current bill drafting style and to 105 26 clarify the applicability of the last Code section in the 105 27 string citation in this provision excepting gambling games, 105 28 activities, and devices which conform to the requirements 105 29 established for legal gambling under the Code from provisions 105 30 establishing criminal offenses and punishments for illegal 105 31 gambling. 105 32 Section 805.8A: Deletes a provision that became redundant 105 33 when 2010 Iowa Acts, ch. 1190, {18, made the penalties 105 34 applicable to excessive speed violations in speed zones greater 105 35 than 55 miles per hour the same as the penalties that apply to 106 1 excessive speed violations in other speed zones. 106 2 Section 820.22: Conforms language referring to the 106 3 appropriate court and judicial authorities of the District 106 4 of Columbia who are responsible for receiving demands for 106 5 extradition of persons charged with a crime, with escape from 106 6 confinement, or of breaking the terms of the person's bail, 106 7 probation, or parole to language found in Title 23, chapter 7, 106 8 {23=704 of the Code of the District of Columbia. Unlike in 106 9 most states, the authority under the Code of the District of 106 10 Columbia to receive demands for extradition is not part of the 106 11 powers and duties assigned to the governor of the district, 106 12 but, rather, is vested in the superior court. 106 13 Sections 901C.1 and 901C.1A: Moves definitions applicable 106 14 to the provisions of this one section Code chapter relating to 106 15 expungement of criminal records in certain criminal cases to 106 16 new Code section 901C.1A and changes references in existing 106 17 Code section 901C.1 from "chapter" to "section" to conform the 106 18 style of this Code chapter to other Code chapters. The Code 106 19 editor is directed to transfer current Code section 901C.1 to 106 20 become Code section 901C.2 and new Code section 901C.1A to 106 21 become Code section 901C.1. 106 22 Section 916.2: Changes a reference from "counselor" to 106 23 "advocate" to reflect the fact that the person counseling 106 24 victims of criminal acts under Code chapter 916 are termed 106 25 "advocates", not "counselors". 106 26 Repeals of Code sections located at the end of the bill are 106 27 described in Code section order rather than at the end of this 106 28 explanation. Repeals of 2015 Iowa Acts, ch. 30, {{220 and 222, 106 29 are explained in the explanation of the amendments to Code 106 30 section 135.175 in the bill. LSB 5539SV (1) 86 lh/rj
