Bill Text: IA SF2294 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to nonsubstantive Code corrections, and including retroactive applicability provisions.(Formerly SSB 3110.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-03-22 - Withdrawn. S.J. 590. [SF2294 Detail]

Download: Iowa-2021-SF2294-Introduced.html

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Senate File 2294 - Introduced
SENATE FILE 2294
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 3110)
(COMPANION TO LSB 5765HV BY
COMMITTEE ON JUDICIARY)
A BILL FOR
An Act relating to nonsubstantive Code corrections, and
including retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 7A.3, subsection 1, paragraph h, Code
2022, is amended to read as follows:
h. Director of the department of natural resources.
Sec. 2. Section 9G.1, Code 2022, is amended to read as
follows:
9G.1 Records.
The books and records of the land office shall be so kept
as to show and preserve an accurate chain of title from
the general government to the purchaser of each smallest
subdivision of land; to preserve a permanent record, in
books suitably indexed, of all correspondence with any of the
departments of the general government in relation to state
lands; and to preserve, by proper records, copies of the
original lists furnished by the selecting agents of the state,
and of all other papers in relation to such lands which are of
permanent interest.
Sec. 3. Section 9G.6, subsection 1, Code 2022, is amended
to read as follows:
1. Patents shall not be issued for any lands belonging to
the state, except upon the certificate of the person or officer
specially charged with the custody of the patents, setting
forth the appraised value per acre, the name of the person to
whom sold, the date of sale, the price per acre, the amount
paid, the name of the person making final payment, and the name
of the person who is entitled to the patent. If a person is
entitled to a patent due to an assignment from the original
purchaser, the certificate shall set forth fully the assignment
and shall be filed and preserved in the land office.
Sec. 4. Section 10.1, subsection 9, paragraph b, Code 2022,
is amended to read as follows:
b. As used in paragraph “a” , a type of membership interest
in a limited liability company includes any of the following:
a protected series as provided in chapter 489, article 14 .
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Sec. 5. Section 15.271, subsection 1, paragraph d, Code
2022, is amended to read as follows:
d. Facilities and programs are needed where travelers
can obtain information about travel and hospitality
services, tourism tourist attractions, parks and recreation
opportunities, cultural and natural resources, and the state
in general.
Sec. 6. Section 15F.403, subsection 2, paragraph c, Code
2022, is amended to read as follows:
c. The authority may use not more than five percent of the
money moneys in the fund at the beginning of each fiscal year
for purposes of administrative costs, technical assistance, and
other program support.
Sec. 7. Section 15J.5, subsection 1, paragraph b,
subparagraph (2), Code 2022, is amended to read as follows:
(2) For districts established on or after July 1, 2020, the
amount of new state sales tax revenue for purposes of paragraph
“a” shall be the product of four percent times the remainder
of the amount of sales subject to the state sales tax in the
district during the quarter from new retail establishments
minus the sum of the sales from the corresponding quarter
of the twelve-month period determined under section 15J.4,
subsection 4 , paragraph “b” , subparagraph (1), for new retail
establishments identified under section 15J.4, subsection 4 ,
paragraph “b” , subparagraph (1), that were in operation at the
end of the quarter.
Sec. 8. Section 16.79A, subsection 1, paragraph b, Code
2022, is amended to read as follows:
b. The tax credit is allowed regardless of whether the
principle principal agricultural asset is soil, pasture, or a
building or other structure used in farming.
Sec. 9. Section 17A.7, subsection 1, Code 2022, is amended
to read as follows:
1. An interested person may petition an agency requesting
the adoption, amendment, or repeal of a rule. Each agency
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shall prescribe by rule the form for petitions and the
procedure for their submission, consideration, and disposition.
Within sixty days after submission of a petition, the agency
either shall deny the petition in writing on the merits,
stating its reasons for the denial, or initiate rulemaking
proceedings in accordance with section 17A.4 , or adopt a rule
if it is not required to be filed according to the procedures
of section 17A.4, subsection 1 . The agency shall submit
the petition and the disposition of the petition to the
administrative rules review committee.
Sec. 10. Section 29B.4, subsection 1, Code 2022, is amended
to read as follows:
1. Apprehension “Apprehension” is the taking of a person
into custody. Any person authorized by this code, or by
regulations issued under it, to apprehend persons subject to
this code, any marshal of a court-martial appointed pursuant to
the provisions of this code, and any peace officer authorized
to do so by law, may do so upon reasonable belief that an
offense has been committed and that the person apprehended
committed it.
Sec. 11. Section 39.28, Code 2022, is amended to read as
follows:
39.28 Actions —— intervention.
1. A political party, as defined in section 43.2 , or a
nonparty political organization organized pursuant to chapter
44 , may intervene in a proceeding under chapter 17A or an
action filed in the district court, court of appeals, or
supreme court to challenge a provision of this chapter and
chapters 39 39A through 62 or a rule adopted to implement such
a provision.
2. A political party, as defined in section 43.2 , or a
nonparty political organization organized pursuant to chapter
44 , may petition the district court to modify or vacate an
injunction against the enforcement of a provision of this
chapter and chapters 39 39A through 62 . A denial of a petition
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to modify or vacate an injunction is appealable as a matter of
right as a final judgment.
Sec. 12. Section 41.1, subsections 19, 40, and 97, Code
2022, are amended to read as follows:
19. The nineteenth representative district in Pottawattamie
county shall consist of that portion of the city of Council
Bluffs bounded by a line commencing at the point the corporate
limits of the city of Council Bluffs and the boundary of
the state of Iowa intersects Interstate 480, and proceeding
easterly along Interstate 480 to U.S. highway 6, and proceeding
easterly along U.S. highway 6 to West Broadway, and proceeding
easterly along West Broadway to South Twenty-fourth street,
and proceeding southerly along South Twenty-fourth street
to Ninth avenue, and proceeding easterly along Ninth avenue
to South Seventeenth street, and proceeding southerly
along South Seventeenth street to Sixteenth avenue, and
proceeding easterly along Sixteenth avenue to Indian creek,
and proceeding southerly along Indian creek to Twenty-third
avenue, and proceeding easterly along Twenty-third avenue
to South Thirteenth street, and proceeding northerly along
South Thirteenth street to Twenty-first avenue, and proceeding
easterly along Twenty-first avenue to South Eleventh street,
and proceeding northerly along South Eleventh street to
Twentieth avenue, and proceeding easterly along Twentieth
avenue to South Seventh street, and proceeding northerly along
South Seventh street to Sixteenth avenue, and proceeding
easterly along Sixteenth avenue to Harry Langdon boulevard, and
proceeding southerly along Harry Langdon boulevard to Tostevin
street, and proceeding northerly along Tostevin street to
West Graham avenue, and proceeding easterly along West Graham
avenue to Fairmount avenue, and proceeding northerly along
Fairmount avenue to Fifteenth avenue, and proceeding westerly
along Fifteenth avenue to High street, and proceeding northerly
along High street to Ninth avenue, and proceeding westerly
along Ninth avenue to South Third street, and proceeding
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northerly along South Third street to Fifth avenue, and
proceeding easterly along Fifth avenue to Glen avenue, and
proceeding northerly along Glen avenue to Pomona street, and
proceeding easterly along Pomona street to Park avenue, and
proceeding northerly along Park avenue to West Pierce street,
and proceeding easterly along West Pierce street to South First
street, and proceeding northerly along South First street to
East Broadway, and proceeding easterly along East Broadway to
Union street, and proceeding southerly along Union street to
East Pierce street, and proceeding northerly along East Pierce
street to Frank street, and proceeding westerly along Frank
street to East Broadway, and proceeding northerly along East
Broadway to Ridge street, and proceeding northerly along Ridge
street to North Broadway, and proceeding northerly along North
Broadway to West Oak street, and proceeding westerly along West
Oak street to East Washington avenue, and proceeding northerly
along East Washington avenue to Norton avenue, and proceeding
easterly along Norton avenue to Creek Frontage street, and
proceeding southerly along Creek Frontage street to Hunter
avenue, and proceeding easterly along Hunter avenue to North
Broadway, and proceeding northerly along North Broadway to the
corporate limits of the city of Council Bluffs, and proceeding
first east, then in a clockwise manner along the corporate
limits of the city of Council Bluffs to nonvisible boundary
(TLID:652017148), and proceeding westerly along nonvisible
boundary (TLID:652017148) to Iowa Interstate Railroad, and
proceeding southerly along Iowa Interstate Railroad to the
corporate limits of the city of Council Bluffs, and proceeding
easterly along the corporate limits of the city of Council
Bluffs to Greenview road, and proceeding easterly along
Greenview road to the corporate limits of the city of Council
Bluffs, and proceeding westerly, then in a clockwise manner
along the corporate limits of the city of Council Bluffs to the
point of beginning origin .
40. The fortieth representative district in Polk county
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shall consist of that portion of Polk county bounded by
a line commencing at the point the corporate limits of
the city of Des Moines intersect Northeast Eighth street,
and proceeding northerly along Northeast Eighth street to
Northeast Forty-fourth avenue, and proceeding westerly along
Northeast Forty-fourth avenue to Northeast Seventh street,
and proceeding northerly along Northeast Seventh street to
Northeast Forty-seventh place, and proceeding westerly along
Northeast Forty-seventh place to Northeast Third street, and
proceeding northerly along Northeast Third street to Northeast
Forty-eighth place, and proceeding westerly along Northeast
Forty-eighth place and its extension to Northwest Second
street, and proceeding northerly along Northwest Second street
to the boundary of Crocker township, and proceeding east along
the boundary of Crocker township to the corporate limits of
the city of Ankeny, and proceeding north, then in a clockwise
manner along the corporate limits of the city of Ankeny to
Southwest Ankeny road, and proceeding northerly along Southwest
Ankeny road to Southwest Twin Gates drive, and proceeding
northerly along Southwest Twin Gates drive to Southwest Ankeny
road, and proceeding easterly along Southwest Ankeny road to
Southwest Snyder boulevard, and proceeding northerly along
Southwest Snyder boulevard to Southwest Oralabor road, and
proceeding easterly along Southwest Oralabor road to Southeast
Oralabor road, and proceeding easterly along Southeast Oralabor
road to Northeast Seventy-eighth avenue, and proceeding
easterly along Northeast Seventy-eighth avenue to Northeast
Nineteenth lane, and proceeding southerly along Northeast
Nineteenth lane to the corporate limits of the city of Ankeny,
and proceeding south, then in a counterclockwise manner along
the corporate limits of the city of Ankeny to the boundary of
Saylor township, and proceeding east along the boundary of
Saylor township to the corporate limits of the city of Ankeny,
and proceeding east, then in a counterclockwise manner along
the corporate limits of the city of Ankeny to the boundary of
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Douglas township, and proceeding east along the boundary of
Douglas township to the intersection of Northeast Sixty-fourth
street and the corporate limits of the city of Bondurant, and
proceeding south, and in a counterclockwise manner along the
corporate limits of the city of Bondurant to the north boundary
of Clay township, and proceeding east, then in a clockwise
manner along the boundary of Clay township to the corporate
limits of the city of Pleasant Hill, and proceeding north, then
in a counterclockwise manner along the corporate limits of the
city of Pleasant Hill to the corporate limits of the city of
Altoona, and proceeding west, then in a clockwise manner along
the corporate limits of the city of Altoona to the boundary of
Delaware township, and proceeding south along the boundary of
Delaware township to the corporate limits of the city of Des
Moines, and proceeding westerly, then in a counterclockwise
manner along the corporate limits of the city of Des Moines
to the west boundary of Lee township, and proceeding north,
then in a counterclockwise manner along the boundary of Lee
township to the corporate limits of the city of Des Moines,
and proceeding west, then in a counterclockwise manner along
the corporate limits of the city of Des Moines to the point of
origin.
97. The ninety-seventh district in Scott county contains
that portion of the city of Davenport bounded by a line
commencing at the point of intersection of the boundary of
the state of Iowa and the Arsenal bridge, and proceeding
northerly along the Arsenal bridge to Leclaire street, and
proceeding northerly along Leclaire street to Iowa street,
and proceeding northerly along Iowa street to East Sixth
street, and proceeding westerly along East Sixth street to
West Sixth street, and proceeding westerly along West Sixth
street to North Gaines street, and proceeding northerly along
North Gaines street to West Eleventh street, and proceeding
westerly along West Eleventh street to Warren street, and
proceeding southerly along Warren street to West Tenth street,
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and proceeding westerly along West Tenth street to Vine street,
and proceeding northerly along Vine street to West Twelfth
street, and proceeding westerly along West Twelfth street to
Washington street, and proceeding northerly along Washington
street to West Fifteenth street, and proceeding easterly
along West Fifteenth street to North Marquette street, and
proceeding northerly along North Marquette street to West
Fifteenth street, and proceeding easterly along West Fifteenth
street to Warren street, and proceeding northerly along Warren
street to West Rusholme street, and proceeding easterly along
West Rusholme street to North Harrison street, and proceeding
northerly along North Harrison street to West Central Park
avenue, and proceeding westerly along West Central Park avenue
to North Marquette street, and proceeding northerly along
North Marquette street to West Garfield street, and proceeding
westerly along West Garfield street to North Division street,
and proceeding northerly along North Division street to West
Thirty-eighth street, and proceeding easterly along West
Thirty-eighth street to North Marquette street, and proceeding
northerly along North Marquette street to West Kimberly road,
and proceeding easterly along West Kimberly road to Northwest
boulevard, and proceeding westerly along Northwest boulevard
to West Fifty-third street, and proceeding easterly along West
Fifty-third street to North Marquette street, and proceeding
northerly along North Marquette street to West Fifty-seventh
street, and proceeding easterly along West Fifty-seventh street
to Vine street, and proceeding northerly along Vine street
to West Fifty-eighth street, and proceeding easterly along
West Fifty-eighth street to Appomattox road, and proceeding
southerly along Appomattox road to West Fifty-third street,
and proceeding easterly along West Fifty-third street to
East Fifty-third street, and proceeding easterly along East
Fifty-third street to Eastern avenue, and proceeding southerly
along Eastern avenue to East Kimberly road, and proceeding
easterly along East Kimberly road to Spring street, and
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proceeding southerly along Spring street and its extension
to Duck creek, and proceeding easterly along Duck creek to
the corporate limits of the city of Davenport, and proceeding
southerly along the corporate limits of the city of Davenport
to the boundary of the state of Iowa, and proceeding westerly
along the boundary of the state of Iowa to the point of origin.
Sec. 13. Section 43.114, Code 2022, is amended to read as
follows:
43.114 Time of holding special charter city primary.
In special charter cities holding a city primary election
under the provisions of section 43.112 such section 43.112, the
primary shall be held on the first Tuesday in October of the
year in which regular city elections are held.
Sec. 14. Section 44.18, subsection 5, Code 2022, is amended
to read as follows:
5. Beginning in January 2011, and each odd-numbered year
thereafter, the registrar and the voter registration commission
may review the number of voters registered as affiliated with a
nonparty political organization. If the number of registrants,
including both active and inactive voters, is fewer than
150 one hundred fifty , the commission shall declare the
organization to be dormant for purposes of voter registration
and may revise the voter registration form and instructions and
electronic voter registration system to remove the organization
from the list of nonparty political organizations with which a
voter may register as affiliated. However, a change shall not
be made to the record of political affiliation of individual
registrants unless the registrant requests the change.
Sec. 15. Section 47.3, subsection 1, Code 2022, is amended
to read as follows:
1. The costs of conducting a special election called by the
governor, the general election, and the primary election held
prior to the general election shall be paid by the county.
Sec. 16. Section 73A.21, subsection 1, paragraph b, Code
2022, is amended to read as follows:
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b. “Division” means the division of labor services of the
department of workforce development.
Sec. 17. Section 80D.2, Code 2022, is amended to read as
follows:
80D.2 Personal standards.
The director of the law enforcement academy with the
approval of the law enforcement academy council may establish
minimum standards of physical, educational, mental, and moral
fitness for members of the reserve force.
Sec. 18. Section 85.67, Code 2022, is amended to read as
follows:
85.67 Administration of fund —— special counsel —— payment of
award.
1. The attorney general shall appoint a staff member
to represent the treasurer of state and the fund in all
proceedings and matters arising under this subchapter . The
attorney general shall be reimbursed up to four hundred fifty
thousand dollars annually from the fund for services provided
related to the fund. The commissioner of insurance shall
consider the reimbursement to the attorney general as an
outstanding liability when making a determination of funding
availability under section 85.65A, subsection 2 .
2. In making an award under this subchapter , the workers’
compensation commissioner shall specifically find the amount
the injured employee shall be paid weekly, the number of weeks
of compensation which shall be paid by the employer, the date
upon which payments out of the fund shall begin, and, if
possible, the length of time the payments shall continue.
Sec. 19. Section 89.3, subsection 5, paragraph a,
subparagraph (4), subparagraph division (a), Code 2022, is
amended to read as follows:
(a) The owner or user is a participant in good standing in
the Iowa occupational safety and health voluntary protection
program and has achieved star status within the program, which
is administered by the division of labor services in the
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department of workforce development.
Sec. 20. Section 89.3, subsection 10, Code 2022, is amended
to read as follows:
10. An exhibition boiler does not require an annual
inspection certificate but special inspections may be requested
by the owner or an event’s management to be performed by the
commissioner. Upon the completion of an exhibition boiler
inspection a written condition report shall be prepared by
the commissioner regarding the condition of the exhibition
boiler’s boiler or pressure vessel. This report will be issued
to the owner and the management of all events at which the
exhibition boiler is to be operated. The event’s management is
responsible for the decision on whether the exhibition boiler
should be operated and shall inform the division of labor
services of the event’s management’s decision. The event’s
management is responsible for any injuries which result from
the operation of any exhibition boiler approved for use at the
event by the event’s management. A repair symbol, known as
the “R” stamp, is not required for repairs made to exhibition
boilers pursuant to the rules regarding inspections and repair
of exhibition boilers as adopted by the commissioner, pursuant
to chapter 17A .
Sec. 21. Section 91A.2, subsection 3, paragraph b,
unnumbered paragraph 1, Code 2022, is amended to read as
follows:
For the purposes of this chapter , the following persons
engaged in agriculture are not employees:
Sec. 22. Section 91C.1, subsection 3, paragraph a, Code
2022, is amended to read as follows:
a. The labor services division of the department of
workforce development and the Iowa department of public health
will work with stakeholders to develop a plan to combine the
contractor registration and contractor licensing application
process for contractors licensed under chapter 105 , to be
implemented in time for licensing renewals due July 1, 2017.
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Effective July 1, 2017, a contractor licensed under chapter
105 shall register as a contractor under this chapter in
conjunction with the contractor licensing process. At no cost
to the labor services division, the department of public health
shall collect both the registration and licensing applications
as part of one combined application. The labor commissioner
shall design the contractor registration application form to
exclude from the division of labor’s labor services’ contractor
registration application process those contractors who are
also covered by chapter 105 . The labor commissioner is
authorized to adopt rules as needed to accomplish a merger of
the application systems including transitional registration
periods and fees.
Sec. 23. Section 91C.9, subsection 1, Code 2022, is amended
to read as follows:
1. A contractor registration revolving fund is created in
the state treasury. The revolving fund shall be administered
by the commissioner and shall consist of moneys collected
by the commissioner as fees. The commissioner shall remit
all fees collected pursuant to this chapter to the revolving
fund. The moneys in the revolving fund are appropriated to and
shall be used by the commissioner to pay the actual costs and
expenses necessary to perform the duties of the commissioner
and the division of labor services as described in this
chapter . All salaries and expenses properly chargeable to the
revolving fund shall be paid from the revolving fund.
Sec. 24. Section 96.1A, subsection 16, paragraph g,
subparagraph (3), subparagraph division (d), subparagraph
subdivision (iii), Code 2022, is amended to read as follows:
(iii) The provisions of subparagraph subdivisions (i) and
(ii) of this subparagraph division (d) of this subparagraph
shall not be deemed to be applicable with respect to
service performed in connection with commercial canning or
commercial freezing or in connection with any agricultural or
horticultural commodity after its delivery to a terminal market
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for distribution for consumption.
Sec. 25. Section 96.7, subsection 2, paragraph d,
subparagraph (2), Code 2022, is amended to read as follows:
(2) (a) The highest benefit cost ratio is the highest of
the resulting ratios computed by dividing the total benefits
paid, excluding reimbursable benefits paid, during each
consecutive twelve-month period, during the ten-year period
ending on the computation date, by the total wages, excluding
reimbursable employment wages, paid in the four calendar
quarters ending nearest and prior to the last day of such
twelve-month period; however, the highest benefit cost ratio
shall not be less than .02.
(b) If the current reserve fund ratio, divided by the
highest benefit cost ratio:
Equals or But is The contribution rate
exceeds less than table in effect shall be
____________________________________________________________
—— 0.3 1
0.3 0.5 2
0.5 0.7 3
0.7 0.85 4
0.85 1.0 5
1.0 1.15 6
1.15 1.30 7
1.30 —— 8
(c) “Benefit ratio” means a number computed to six decimal
places on July 1 of each year obtained by dividing the average
of all benefits charged to an employer during the five periods
of four consecutive calendar quarters immediately preceding
the computation date by the employer’s average annual taxable
payroll.
(d) Each employer qualified for an experience rating
shall be assigned a contribution rate for each rate year
that corresponds to the employer’s benefit ratio rank in the
contribution rate table effective for the rate year from the
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following contribution rate tables. Each employer’s benefit
ratio rank shall be computed by listing all the employers
by increasing benefit ratios, from the lowest benefit ratio
to the highest benefit ratio and grouping the employers so
listed into twenty-one separate ranks containing as nearly as
possible four and seventy-six hundredths percent of the total
taxable wages, excluding reimbursable employment wages, paid in
covered employment during the four completed calendar quarters
immediately preceding the computation date. If an employer’s
taxable wages qualify the employer for two separate benefit
ratio ranks the employer shall be afforded the benefit ratio
rank assigned the lower contribution rate. Employers with
identical benefit ratios shall be assigned to the same benefit
ratio rank.
Approximate Contribution Rate Tables
Benefit Cumulative
Ratio Taxable
Rank Payroll Limit 1 2 3 4 5 6 7 8
1 4.8% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
2 9.5% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
3 14.3% 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0
4 19.0% 0.4 0.3 0.3 0.2 0.1 0.1 0.1 0.1
5 23.8% 0.6 0.5 0.4 0.3 0.3 0.2 0.1 0.1
6 28.6% 0.9 0.8 0.6 0.5 0.4 0.3 0.2 0.1
7 33.3% 1.2 1.0 0.8 0.6 0.5 0.4 0.3 0.2
8 38.1% 1.5 1.3 1.0 0.8 0.6 0.5 0.3 0.2
9 42.8% 1.9 1.5 1.2 0.9 0.7 0.6 0.4 0.3
10 47.6% 2.1 1.8 1.4 1.1 0.8 0.6 0.5 0.3
11 52.4% 2.5 2.0 1.6 1.3 1.0 0.7 0.5 0.3
12 57.1% 3.0 2.4 1.9 1.5 1.1 0.9 0.6 0.4
13 61.9% 3.6 2.9 2.4 1.8 1.4 1.1 0.8 0.5
14 66.6% 4.4 3.6 2.9 2.2 1.7 1.3 1.0 0.6
15 71.4% 5.3 4.3 3.5 2.7 2.0 1.6 1.1 0.7
16 76.2% 6.3 5.2 4.1 3.2 2.4 1.9 1.4 0.9
17 80.9% 7.0 6.4 5.2 4.0 3.0 2.3 1.7 1.1
18 85.7% 7.5 7.5 7.0 5.4 4.1 3.1 2.3 1.5
19 90.4% 8.0 8.0 8.0 7.3 5.6 4.2 3.1 2.0
20 95.2% 8.5 8.5 8.5 8.0 7.6 5.8 4.3 2.8
21 100.0% 9.0 9.0 9.0 9.0 8.5 8.0 7.5 7.0
Sec. 26. Section 96.14, subsection 3, paragraph j, Code
2022, is amended to read as follows:
j. The courts of this state shall recognize and enforce
liabilities for unemployment contributions, penalties,
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interest, and benefit overpayments imposed by other states
which extend a like comity to this state. The department may
sue in the courts of any other jurisdiction which extends
such comity to collect unemployment contributions, penalties,
interest, and benefit overpayments due this state. The
officials of other states which, by statute or otherwise,
extend a like comity to this state may sue in the district
court to collect for such contributions, penalties, interest,
and benefit overpayments. In any such case the director, as
agent for and on behalf of any other state, may institute
and conduct such suit for such other state. Venue of such
proceedings shall be the same as for actions to collect
delinquent contributions, penalties, interest, and benefit
overpayments due under this chapter . A certificate by the
secretary of any such state attesting the authority of such
official to collect the contributions, penalties, interest, and
benefit overpayments , is conclusive evidence of such authority.
The requesting state shall pay the court costs.
Sec. 27. Section 96.14, subsection 8, Code 2022, is amended
to read as follows:
8. Manner of service. Plaintiff in any such action shall
cause the original notice of suit to be served as follows by
doing all of the following :
a. By filing Filing a copy of said the original notice of
suit with said the secretary of state, together with a fee of
four dollars , and .
b. By mailing Mailing to the defendant, and to each of the
defendants if more than one, within ten days after said filing
the notice with the secretary of state, by restricted certified
mail addressed to the defendant at the defendant’s last known
residence or place of abode, a notification of the said filing
with the secretary of state.
Sec. 28. Section 96.14, subsection 9, Code 2022, is amended
to read as follows:
9. Notification to nonresident —— form. The notification,
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provided for in subsection 7 , shall be in substantially the
following form , to wit :
To ...... (Here insert the name of each defendant and
the defendant’s residence or last known place of abode as
definitely as known.)
You will take notice that an original notice of suit against
you, a copy of which is hereto attached, was duly served upon
you at Des Moines, Iowa, by filing a copy of said notice on the
... day of .... (month), .. (year), with the secretary of
state of the state of Iowa.
Dated at ...... , Iowa, this ... day of .... (month), ..
(year).
.........
Plaintiff.
By .......
Attorney for Plaintiff.
Sec. 29. Section 96.14, subsection 13, Code 2022, is amended
to read as follows:
13. Venue of actions. Actions against nonresidents as
contemplated by this law may be brought in Polk county , or in
the county in which such services were performed.
Sec. 30. Section 97A.6, subsection 11, paragraphs b and c,
Code 2022, are amended to read as follows:
b. Notwithstanding paragraph “a” , any workers’ compensation
benefits received by a member for past medical expenses or
future medical expenses shall not be offset against and not or
considered payable in lieu of any retirement allowance payable
pursuant to this section on account of the same disability.
c. Notwithstanding paragraph “a” , any workers’ compensation
benefits received by a member for reimbursement of vacation
time used, sick time used, or for any unpaid time off from
work shall not be offset against and not or considered payable
in lieu of any retirement allowance payable pursuant to this
section on account of the same disability.
Sec. 31. Section 97B.50A, subsection 5, paragraphs b and c,
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Code 2022, are amended to read as follows:
b. Notwithstanding paragraph “a” , any workers’ compensation
benefits received by a member for past medical expenses or
future medical expenses shall not be offset against and not or
considered payable in lieu of any retirement allowance payable
pursuant to this section on account of the same disability.
c. Notwithstanding paragraph “a” , any workers’ compensation
benefits received by a member for reimbursement of vacation
time used, sick time used, or for any unpaid time off from
work shall not be offset against and not or considered payable
in lieu of any retirement allowance payable pursuant to this
section on account of the same disability.
Sec. 32. Section 99G.36, subsection 3, unnumbered paragraph
1, Code 2022, is amended to read as follows:
A person who knowingly or intentionally passes a lottery
ticket or share in order to avoid the application of an offset
under section 99G.41 commits is guilty of the following:
Sec. 33. Section 100.31, subsection 3, Code 2022, is amended
to read as follows:
3. The state fire marshal or the fire marshal’s deputies
shall cause each public or private school, college , or
university to be inspected at least once every two years to
determine whether each school meets the fire safety standards
of this Code and is free from other fire hazards. Provided,
however, that cities which employ fire department inspectors
shall cause such inspections to be made.
Sec. 34. Section 125.92, subsection 2, Code 2022, is amended
to read as follows:
2. Render informed consent, except for treatment provided
pursuant to sections 125.81 and 125.91 . If the person is
incompetent , treatment may be consented to by the person’s next
of kin or guardian notwithstanding the person’s refusal. If
the person refuses treatment which in the opinion of the chief
medical officer is necessary , or if the person is incompetent
and the next of kin or guardian refuses to consent to the
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treatment or no next of kin or guardian is available , the
facility may petition a court of appropriate jurisdiction for
approval to treat the person.
Sec. 35. Section 135.107, subsection 2, paragraph d, Code
2022, is amended to read as follows:
d. Cooperate with the center for agricultural health and
safety and health established under section 262.78 , the center
for health effects of environmental contamination established
under section 263.17 , and the department of agriculture and
land stewardship. The agencies shall coordinate programs to
the extent practicable.
Sec. 36. Section 135C.3, subsection 2, Code 2022, is amended
to read as follows:
2. A licensed intermediate care facility for persons with
mental illness shall provide an organized twenty-four-hour
program of services commensurate with the needs of its
residents and under the immediate direction of a licensed
registered nurse, who has had at least two years of recent
experience in a chronic or acute psychiatric setting. Medical
and nursing service services must be provided under the
direction of either a house physician or an individually
selected physician. Surgery or obstetrical care shall not be
provided within the facility. An admission to the intermediate
care facility for persons with mental illness must be based
on a physician’s written order certifying that the individual
being admitted requires no greater degree of nursing care than
the facility to which the admission is made is licensed to
provide and is capable of providing.
Sec. 37. Section 147C.1, subsection 2, paragraph a, Code
2022, is amended to read as follows:
a. “Active duty military” means full-time duty status in
the active uniformed service of the United States, including
members of the national guard and reserve on active duty orders
pursuant to 10 U.S.C. §1209 ch. 1209 and 10 U.S.C. §1211 ch.
1211 .
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Sec. 38. Section 217.15, Code 2022, is amended to read as
follows:
217.15 Administrator of division of administration.
The administrator of the division of administration
shall be qualified in the general field of governmental
administration with special training and experience in the
areas of competitive bidding, contract letting, accounting , and
budget preparation.
Sec. 39. Section 218.31, Code 2022, is amended to read as
follows:
218.31 Witnesses.
In aid of any investigation the administrator shall have
the power to summon and compel the attendance of witnesses;
to examine the witnesses under oath, which the administrator
shall have power to administer; to have access to all books,
papers, and property material to such investigation , ; and to
order the production of any other books or papers material to
the investigation. Witnesses other than those in the employ of
the state shall be entitled to the same fees as in civil cases
in the district court.
Sec. 40. Section 218.44, Code 2022, is amended to read as
follows:
218.44 Wages paid to dependent —— deposits.
If wages are paid to a resident pursuant to section 218.42 ,
the administrator in control of an institution listed in
section 218.1 may pay all or any part of the wages directly
to any dependent of the resident. The administrator may also
deposit the wages to the account of such the resident, or
may so deposit part of the wages and allow the resident a
portion for the resident’s own personal use, or may pay to the
county of commitment all or any part of the resident’s care,
treatment, or subsistence while at said institution from any
credit balance accruing to the account of the resident.
Sec. 41. Section 225C.25, Code 2022, is amended to read as
follows:
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225C.25 Short title.
Sections 225C.25 through This section and sections 225C.26,
225C.28A, and 225C.28B shall be known as “the bill of rights
and service quality standards of persons with an intellectual
disability, developmental disabilities, brain injury, or
chronic mental illness”.
Sec. 42. Section 225C.29, Code 2022, is amended to read as
follows:
225C.29 Compliance.
Except for a violation of section 225C.28B, subsection
2 , the sole remedy for violation of a rule adopted by the
commission to implement sections 225C.25 through 225C.25,
225C.26, 225C.28A, and 225C.28B shall be by a proceeding for
compliance initiated by request to the division pursuant
to chapter 17A . Any decision of the division shall be in
accordance with due process of law and is subject to appeal to
the Iowa district court pursuant to sections 17A.19 and 17A.20
by any aggrieved party. Either the division or a party in
interest may apply to the Iowa district court for an order to
enforce the decision of the division. Any rules adopted by
the commission to implement sections 225C.25 through 225C.25,
225C.26, 225C.28A, and 225C.28B do not create any right,
entitlement, property or liberty right or interest, or private
cause of action for damages against the state or a political
subdivision of the state or for which the state or a political
subdivision of the state would be responsible. Any violation
of section 225C.28B, subsection 2 , shall solely be subject to
the enforcement by the commissioner of insurance and penalties
granted by chapter 507B for a violation of section 507B.4,
subsection 3 , paragraph “g” .
Sec. 43. Section 225C.42, subsection 2, paragraph c, Code
2022, is amended to read as follows:
c. An analysis of the extent to which payments enabled
children to remain in their homes. The analysis shall include
but is not limited to all of the following items concerning
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children affected by the payments: the
(1) The number and percentage of children who remained with
their families ; the .
(2) The number and percentage of children who returned
to their home from an out-of-home placement and the type of
placement from which the children returned ; and the .
(3) The number of children who received an out-of-home
placement during the period and the type of placement.
Sec. 44. Section 230.6, subsection 1, Code 2022, is amended
to read as follows:
1. If the administrator concurs with a certified
determination of residency concerning the patient, the
administrator shall cause the patient either to be transferred
to a state hospital for persons with mental illness at the
expense of the state, or to be transferred, with approval of
the court as required by chapter 229 , to the place of foreign
residence.
Sec. 45. Section 232.37, subsection 1, Code 2022, is amended
to read as follows:
1. After a petition has been filed the court shall set a
time for an adjudicatory hearing and , unless the parties named
in subsection 2 voluntarily appear, shall issue a summons
requiring the child to appear before the court at a time
and place stated and requiring the person who has custody or
control of the child to appear before the court and to bring
the child with the person at that time. The summons shall
attach a copy of the petition and shall give notification of
the right to counsel provided for in section 232.11 .
Sec. 46. Section 249.3, subsection 2, paragraph a, Code
2022, is amended to read as follows:
a. Is receiving either of the following :
(1) Care in a licensed adult foster home, boarding home or
custodial home, as defined by section 135C.1 , or in another
type of protective living arrangement as defined by the
department ; or .
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(2) Nursing care in the person’s own home, certified by a
physician as being required, so long as the cost of the nursing
care does not exceed standards established by the department.
Sec. 47. Section 256.9, subsection 64, Code 2022, is amended
to read as follows:
64. Develop and distribute to school districts standards
of practice for equity coordinators employed by school
districts. To provide consistency in training statewide, the
director shall also develop and distribute to school districts
a training program on free speech under the first amendment
to the Constitution of the United States which shall be used
by school districts to provide training pursuant to section
279.75 .
Sec. 48. Section 261.113, subsection 13, paragraph c,
unnumbered paragraph 1, Code 2022, is amended to read as
follows:
“Service commitment area” means a city in Iowa that provides
a twenty thousand dollar contribution for deposit in the
rural Iowa primary care trust fund for each physician in the
community who is participating in the loan repayment program
and which the city meets any of the following conditions:
Sec. 49. Section 262.78, subsection 1, Code 2022, is amended
to read as follows:
1. The board of regents shall establish a center for
agricultural health and safety and health at the university of
Iowa. The center shall be a joint venture by the university
of Iowa and Iowa state university of science and technology.
The center shall establish farm health and safety programs
designed to reduce the incidence of disabilities suffered by
persons engaged in agriculture which results from disease or
injury. The university of Iowa is primarily responsible for
the management of agricultural health and injury programs at
the center. Iowa state university of science and technology is
primarily responsible for the management of the agricultural
safety programs of the center.
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Sec. 50. Section 263.17, subsection 7, Code 2022, is amended
to read as follows:
7. The center shall cooperate with the center for
rural health and primary care, established under section
135.107 , the center for agricultural health and safety and
health established under section 262.78 , and the department
of agriculture and land stewardship. The agencies shall
coordinate programs to the extent practicable.
Sec. 51. Section 309.48, subsection 1, Code 2022, is amended
to read as follows:
1. The annual accruing secondary road funds (naming
funds, naming the year) year, of which the certificate is
anticipatory.
Sec. 52. Section 321.14, Code 2022, is amended to read as
follows:
321.14 Seizure of documents and plates.
The department is hereby authorized to take possession
of any registration card, certificate of title, permit, or
registration plate, certificate of inspection or any inspection
document or form, upon expiration, revocation, cancellation, or
suspension thereof, or which is fictitious, or which has been
unlawfully or erroneously issued.
Sec. 53. Section 329.6, subsection 1, Code 2022, is amended
to read as follows:
1. If any municipality owning or controlling an airport
adjacent to which there is an airport hazard area shall fail
fails or refuse refuses , within sixty days after a demand is
made upon it by the department, to adopt reasonably adequate
airport zoning regulations under section 329.3 , or to proceed
as provided in section 329.4 , the department may petition the
district court of the county in which such the airport hazard
area, or any part thereof, is located, in the name of the
state, praying that zoning regulations be established for the
airport hazard area in question , and the . The provisions of
section 329.4, subsections 3 through 9 , shall apply to such
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actions provided, however, that such the municipality shall be
joined as a party defendant in any such the action.
Sec. 54. Section 357.1B, subsection 3, Code 2022, is amended
to read as follows:
3. For the purpose of establishing, operating, or
dissolving a combined water and sanitary district under this
chapter and chapter 358 , the term “benefited water district”
includes a combined water and sanitary district where
applicable.
Sec. 55. Section 390.1, subsection 10, Code 2022, is amended
to read as follows:
10. “Participant” means a city, electric cooperative , or
privately owned utility company , which is a party to a joint
agreement.
Sec. 56. Section 403.16, subsection 6, Code 2022, is amended
to read as follows:
6. The limitations of this section shall be construed to
permit action by a public official, commissioner, or employee
where any benefits of such an action accrue to the public
generally, the action affects all or a substantial portion of
the properties included or planned to be included in such a
project, or the action promotes the public purposes of such
project. The limitations of this section shall be construed
to limit only that action by a public official, commissioner,
or employee which directly or specifically affects property in
which such official, commissioner, or employee has an interest
or in which an employer of such official, commissioner, or
employee has an interest. Any disclosure required to be made
by this section to the local governing body shall concurrently
be made to an urban renewal agency which has been vested with
urban renewal project powers by the municipality pursuant to
the provisions of section 403.14 . A commissioner or other
officer of any urban renewal agency, board, or commission
exercising powers pursuant to this chapter shall not hold any
other public office under the municipality, other than the
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commissionership or office with respect to such urban renewal
agency, board, or commission. Any violation of the provisions
of this section shall constitute misconduct in office, but an
ordinance or resolution of a municipality or agency shall not
be invalid by reason of a vote or votes cast in violation of
the standards of this section unless the vote or votes were
decisive in the passage of the ordinance or resolution.
Sec. 57. Section 422.1, unnumbered paragraph 1, Code 2022,
is amended to read as follows:
The provisions of this chapter are herein classified and
designated as follows:
Sec. 58. Section 422.16, subsection 9, Code 2022, is amended
to read as follows:
9. The amount of any overpayment of the individual income
tax liability of the employee taxpayer, nonresident, or other
person which may result from the withholding and payment of
withheld tax by the employer or withholding agent to the
department under subsections 1 and 12 , as compared to the
individual income tax liability of the employee taxpayer,
nonresident, or other person properly and correctly determined
under the provisions of section sections 422.4 , to and
including section through 422.15, this section, and sections
422.16A through 422.25 , may be credited against any income
tax or installment thereof then due the state of Iowa and
any balance of one dollar or more shall be refunded to the
employee taxpayer, nonresident, or other person with interest
in accordance with section 421.60, subsection 2 , paragraph
“e” . Amounts less than one dollar shall be refunded to the
taxpayer, nonresident, or other person only upon written
application, in accordance with section 422.73 , and only if
the application is filed within twelve months after the due
date of the return. Refunds in the amount of one dollar
or more provided for by this subsection shall be paid by
the treasurer of state by warrants drawn by the director of
the department of administrative services, or an authorized
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employee of the department, and the taxpayer’s return of
income shall constitute a claim for refund for this purpose,
except in respect to amounts of less than one dollar. There
is appropriated, out of any funds in the state treasury not
otherwise appropriated, a sum sufficient to carry out the
provisions of this subsection .
Sec. 59. Section 422.16, subsection 12, paragraph a, Code
2022, is amended to read as follows:
a. In the case of nonresidents having income subject to
taxation by Iowa, but not subject to withholding of such tax
under subsection 1 or subject to the provisions of section
422.16B , withholding agents shall withhold from such income
at the same rate as provided in subsection 1 hereof , and such
withholding agents and such nonresidents shall be subject to
the provisions of this section , according to the context,
except that such withholding agents may be absolved of such
requirement to withhold taxes from such nonresident’s income
upon receipt of a certificate from the department issued in
accordance with the provisions of section 422.17 , as hereby
amended. In the case of nonresidents having income from a
trade or business carried on by them in whole or in part within
the state of Iowa, such nonresident shall be considered to be
subject to the provisions of this subsection unless such trade
or business is of such nature that the business entity itself,
as a withholding agent, is required to and does withhold Iowa
income tax from the distributions made to such nonresident from
such trade or business.
Sec. 60. Section 422.25, subsection 4, paragraph a, Code
2022, is amended to read as follows:
a. All payments received must be credited first , to the
penalty and interest accrued , and then to the tax due. If
payments in multiple tax periods are unpaid, payments received
shall be credited first to the penalty and interest accrued and
then tax due for the earliest period, and then credited to each
following tax period in chronological order from the earliest
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tax period to the latest tax period. Payments required to be
made within a tax period must be credited first to the earliest
deposit period within the tax period. For purposes of this
subsection , the department shall not reapply prior payments
made on or before the due date of the original return by the
taxpayer to penalty or interest determined to be due after the
date of those prior payments, except that the taxpayer and the
department may agree to apply payments in accordance with rules
adopted by the director when there are both agreed and unagreed
to items as a result of an examination.
Sec. 61. Section 441.7, Code 2022, is amended to read as
follows:
441.7 Special examination.
1. If the conference board fails to appoint an assessor from
the list of individuals on the register, the conference board
shall request permission from the director of revenue to hold a
special examination in the particular city or county in which
the vacancy has occurred. Permission may be granted by the
director of revenue after consideration of factors such as the
availability of candidates in that particular city or county.
2. The director of revenue shall conduct no more than
one special examination for each vacancy in an assessing
jurisdiction. The examination shall be conducted by the
director of revenue as provided in section 441.5 , except as
otherwise provided in this section . The examining board
shall give notice of holding the examination for assessor by
posting a written notice in a conspicuous place in the county
courthouse in the case of county assessors or in the city hall
in the case of city assessors, stating that at a specified
date, an examination for the position of assessor will be held
at a specified place. Similar notice shall be given at the
same time by one publication of the notice in three newspapers
of general circulation in the case of a county assessor, or in
case there are not three such newspapers in a county, then in
newspapers which are available, or in one newspaper of general
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circulation in the city in the case of city assessor.
3. The conference board of the city or county in which a
special examination is held shall reimburse the department of
revenue for all expenses incurred in the administration of the
examination, to be paid for by the respective city or county
assessment expense fund. Following the administration of this
special examination, the director of revenue shall certify to
the examining board a new list of candidates eligible to be
appointed as assessor and the examining board and conference
board shall proceed in accordance with the provisions of
section 441.6 .
Sec. 62. Section 441.48, subsection 1, Code 2022, is amended
to read as follows:
1. Before the department of revenue shall adjust adjusts the
valuation of any class of property by any such percentage, the
department shall first serve ten days’ notice by mail, on the
county auditor of the county whose valuation is proposed to be
adjusted.
Sec. 63. Section 453A.22, Code 2022, is amended to read as
follows:
453A.22 Revocation —— suspension —— civil penalty.
1. If a person holding a permit issued by the department
under this subchapter , including a retailer permit for railway
car, has willfully violated section 453A.2 , the department
shall revoke the permit upon notice and hearing. If the person
violates any other provision of this subchapter , or a rule
adopted under this subchapter , or is substantially delinquent
in the payment of a tax administered by the department or
the interest or penalty on the tax, or if the person is a
corporation and if any officer having a substantial legal or
equitable interest in the ownership of the corporation owes any
delinquent tax of the permit-holding corporation, or interest
or penalty on the tax, administered by the department, the
department may revoke the permit issued to the person, after
giving the permit holder an opportunity to be heard upon ten
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days’ written notice stating the reason for the contemplated
revocation and the time and place at which the person may
appear and be heard. The hearing before the department may
be held at a site in the state as the department may direct.
The notice shall be given by mailing a copy to the permit
holder’s place of business as it appears on the application
for a permit. If, upon hearing, the department finds that the
violation has occurred, the department may revoke the permit.
2. If a retailer or employee of a retailer has violated
section 453A.2 or section 453A.36, subsection 6 , the department
or local authority, or the alcoholic beverages division of the
department of commerce following transfer of the matter to the
alcoholic beverages division of the department of commerce
pursuant to section 453A.2, subsection 6 , in addition to the
other penalties fixed for such violations in this section ,
shall assess a penalty upon the same hearing and notice as
prescribed in subsection 1 as follows:
a. For a first violation, the retailer shall be assessed a
civil penalty in the amount of three hundred dollars. Failure
to pay the civil penalty as ordered under this subsection shall
result in automatic suspension of the permit for a period of
fourteen days.
b. For a second violation within a period of two years, the
retailer shall be assessed a civil penalty in the amount of one
thousand five hundred dollars or the retailer’s permit shall
be suspended for a period of thirty days. The retailer may
select its preference in the penalty to be applied under this
paragraph.
c. For a third violation within a period of three years, the
retailer shall be assessed a civil penalty in the amount of one
thousand five hundred dollars and the retailer’s permit shall
be suspended for a period of thirty days.
d. For a fourth violation within a period of three years,
the retailer shall be assessed a civil penalty in the amount
of one thousand five hundred dollars and the retailer’s permit
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shall be suspended for a period of sixty days.
e. For a fifth violation within a period of four years, the
retailer’s permit shall be revoked.
3. If an employee of a retailer violates section 453A.2,
subsection 1 , the retailer shall not be assessed a penalty
under subsection 2 , and the violation shall be deemed not
to be a violation of section 453A.2, subsection 1 , for the
purpose of determining the number of violations for which
a penalty may be assessed pursuant to subsection 2 , if the
employee holds a valid certificate of completion of the tobacco
compliance employee training program pursuant to section
453A.5 at the time of the violation. A retailer may assert
only once in a four-year period the bar under this subsection
against assessment of a penalty pursuant to subsection 2 , for a
violation of section 453A.2 , that takes place at the same place
of business location.
4. Reserved.
5. 4. If a permit is revoked a new permit shall not be
issued to the permit holder for any place of business, or
to any other person for the place of business at which the
violation occurred, until one year has expired from the date
of revocation, unless good cause to the contrary is shown to
the issuing authority.
6. 5. Notwithstanding subsection 5 4 , if a retail permit
is suspended or revoked under this section , the suspension or
revocation shall only apply to the place of business at which
the violation occurred and shall not apply to any other place
of business to which the retail permit applies but at which the
violation did not occur.
7. 6. The department or local authority shall report the
suspension or revocation of a retail permit under this section
to the alcoholic beverages division of the department of
commerce within thirty days of the suspension or revocation of
the retail permit.
8. 7. For the purposes of this section , “retailer” means
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retailer as defined in sections 453A.1 and 453A.42 and “retail
permit” includes permits issued to retailers under subchapter I
or subchapter II of this chapter .
Sec. 64. Section 453A.23, subsection 4, Code 2022, is
amended to read as follows:
4. The provisions of section 453A.22, subsections 1 and 5 of
section 453A.22 4, shall apply to the revocation of such permit
and the issuance of a new one.
Sec. 65. Section 455B.145, subsection 2, paragraph b, Code
2022, is amended to read as follows:
b. The director shall promptly investigate the application
and approve or disapprove the application. The director
may conduct a public hearing before action is taken to
approve or disapprove. If the director disapproves issuing a
certificate, the political subdivision may appeal the action
to the department of inspections and appeals. At the hearing
on appeal, the department of inspections and appeals shall
decide whether the local program is substantially consistent
with the provisions of this subchapter II , or rules adopted
thereunder under this subchapter II , and whether the local
program is being enforced. The burden of proof shall be upon
the political subdivision.
Sec. 66. Section 455B.174, subsections 1 and 3, Code 2022,
are amended to read as follows:
1. Conduct investigations of alleged water pollution or of
alleged violations of this part 1 of subchapter III , chapter
459, subchapter III , chapter 459A , or chapter 459B , or any rule
adopted or any permit issued pursuant thereto to this part 1
of subchapter III, chapter 459, subchapter III, chapter 459A,
or chapter 459B, upon written request of any state agency,
political subdivision, local board of health, twenty-five
residents of the state, as directed by the department, or as
may be necessary to accomplish the purposes of this part 1 of
subchapter III , chapter 459, subchapter III , chapter 459A , or
chapter 459B .
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3. Take any action or actions allowed by law which, in
the director’s judgment, are necessary to enforce or secure
compliance with the provisions of this part 1 of subchapter
III or chapter 459, subchapter III , or of any rule or standard
established or permit issued pursuant thereto to this part 1 of
subchapter III or chapter 459, subchapter III .
Sec. 67. Section 455B.261, unnumbered paragraph 1, Code
2022, is amended to read as follows:
As used in this part 4 of subchapter III , unless the context
otherwise requires:
Sec. 68. Section 455B.381, subsection 4, Code 2022, is
amended to read as follows:
4. “Hazardous condition” means any situation involving the
actual, imminent, or probable spillage, leakage, or release of
a hazardous substance onto the land, into a water of the state,
or into the atmosphere, which creates an immediate or potential
danger to the public health or safety or to the environment.
For purposes of this subchapter IV , a site which is a hazardous
waste or hazardous substance disposal site as defined in
section 455B.411, subsection 4 , is a hazardous condition.
Sec. 69. Section 456A.24, subsection 2, unnumbered
paragraph 1, Code 2022, is amended to read as follows:
Acquire by purchase, condemnation, lease, agreement, gift,
and devise lands or waters suitable for the purposes enumerated
in this subsection , and rights-of-way to those lands and
waters, and to maintain the lands and waters for the following
purposes , to wit :
Sec. 70. Section 462A.4, Code 2022, is amended to read as
follows:
462A.4 Operation of unnumbered vessels prohibited.
Every Except as provided in sections 462A.6 and 462A.6A,
every vessel except as provided in sections 462A.6 and 462A.6A
on the waters of this state under the jurisdiction of the
commission shall be numbered. A person shall not operate,
maintain , or give permission for the operation or maintenance
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of any vessel on such waters unless the vessel is numbered in
accordance with this chapter or in accordance with applicable
federal laws or in accordance with a federally approved
numbering system of another state and unless the certificate of
number awarded to the vessel is in full force and effect.
Sec. 71. Section 462A.82, subsection 1, Code 2022, is
amended to read as follows:
1. If ownership of a vessel is transferred by operation of
law, such as by inheritance, order in bankruptcy, insolvency,
replevin, execution sale, or in compliance with section 578A.7 ,
the transferee, within thirty days after acquiring the right
to possession of the vessel by operation of law, shall mail or
deliver to the county recorder satisfactory proof of ownership
as the county recorder requires, together with an application
for a new certificate of title, and the required fee. A title
tax is not required on these transactions. However, if the
transferee is the surviving spouse of the deceased owner, the
county recorder shall waive the required fee. A title tax is
not required on these transactions.
Sec. 72. Section 468.49, subsection 1, Code 2022, is amended
to read as follows:
1. A classification of land for drainage, erosion , or
flood control purposes, when finally adopted, shall remain
the basis of all future assessments for the purpose of the
district unless revised by the board in the manner provided
for reclassification. However, where land included in said
classification has been destroyed, in whole or in part, by
the erosion of a river, or where additional right-of-way has
been subsequently taken for drainage purposes, the land which
has been so eroded and carried away by the action of a river
or which has been taken for additional right-of-way, may be
removed by the board from the district as classified, without
any reclassification, and no assessment shall thereafter be
made on the land so removed. Any deficiency in assessment
existing as the result of said action of the board shall be
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spread by it over the balance of lands remaining in said
district in the same ratio as was fixed in the classification
of the lands, payable at the next taxpaying period.
Sec. 73. Section 476.23, subsection 4, Code 2022, is amended
to read as follows:
4. If not inconsistent with the provisions of this
subchapter , all of the following apply :
a. All rights of municipal corporations under chapter 364
to grant a person a franchise to erect, maintain, and operate
plants and systems for electric light and power within the
corporate boundaries, and rights acquired by franchise or
agreement shall be preserved in these municipal corporations ; .
b. All rights of city utilities under the city code shall be
preserved in these city utilities ; .
c. All rights of city utilities and joint electric utilities
under chapter 390 shall be preserved in these city utilities
and joint electric utilities ; and .
d. All rights of cities under chapter 6B are preserved.
However, prior to the institution of condemnation proceedings,
the city shall obtain a certificate of authority from the
board in accordance with this subchapter and the board’s
determination of price under this subchapter shall be
conclusive evidence of damages in these condemnation
proceedings.
Sec. 74. Section 476.55, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2022, is amended to read as
follows:
Notwithstanding section 476.1D , the board may receive
a complaint from a local exchange carrier that another
local exchange carrier has engaged in an activity that is
inconsistent with antitrust laws and the policies which
underlie them. For purposes of this subsection , “local exchange
carrier” means the same as defined in section 476.96 , Code
2017 34A.2 , and includes a city utility authorized pursuant
to section 388.2 to provide local exchange services. If,
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after notice and opportunity for hearing, the board finds
that a local exchange carrier has engaged in an activity that
is inconsistent with antitrust laws and the policies which
underlie them, the board may order any of the following:
Sec. 75. Section 478.15, subsection 1, Code 2022, is amended
to read as follows:
1. Any person, company, or corporation having secured a
franchise as provided in this chapter , shall thereupon be
vested with the right of eminent domain to such extent as
the utilities board may approve, prescribe and find to be
necessary for public use, not exceeding one hundred feet in
width for right-of-way and not exceeding one hundred sixty
acres in any one location, in addition to right-of-way, for the
location of electric substations to carry out the purposes of
said franchise; provided however, that where two hundred K V
kilovolt lines or higher voltage lines are to be constructed,
the person, company, or corporation may apply to the board for
a wider right-of-way not to exceed two hundred feet, and the
board may for good cause extend the width of such right-of-way
for such lines to the person, company, or corporation applying
for the same. The burden of proving the necessity for public
use shall be on the person, company, or corporation seeking the
franchise. A homestead site, cemetery, orchard, or schoolhouse
location shall not be condemned for the purpose of erecting
an electric substation. If agreement cannot be made with the
private owner of lands as to damages caused by the construction
of said transmission line, or electric substations, the same
proceedings shall be taken as provided for taking private
property for works of internal improvement.
Sec. 76. Section 478.23, Code 2022, is amended to read as
follows:
478.23 Prior franchises —— legislative control.
Any such franchise heretofore granted under previously
existing law shall not be abrogated by the provisions of this
chapter , but all such franchises and all franchises granted
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under the provisions of this chapter shall be subject to
further legislative control.
Sec. 77. Section 479.3, Code 2022, is amended to read as
follows:
479.3 Conditions attending operation.
No pipeline company shall construct, maintain , or operate
any pipeline or lines under, along, over , or across any public
or private highways, grounds, waters , or streams of any kind
in this state except in accordance with the provisions of this
chapter .
Sec. 78. Section 479.5, subsections 1 and 2, Code 2022, are
amended to read as follows:
1. A pipeline company doing business in this state shall
file with the board its verified petition asking for a permit
to construct, maintain , and operate its pipeline or lines
along, over , or across the public or private highways, grounds,
waters , and streams of any kind of this state. Any pipeline
company now owning or operating a pipeline in this state shall
be issued a permit by the board upon supplying the information
as provided for in section 479.6 .
2. A pipeline company doing business in this state and
proposing to engage in underground storage of gas within this
state shall file with the board its verified petition asking
for a permit to construct, maintain , and operate facilities for
the underground storage of gas to include the construction,
placement, maintenance , and operation of machinery, appliances,
fixtures, wells, pipelines, and stations necessary for the
construction, maintenance , and operation of the gas underground
storage facilities.
Sec. 79. Section 479.5, subsection 4, paragraph b, Code
2022, is amended to read as follows:
b. The notice shall set forth the name of the applicant;
the applicant’s principal place of business; the general
description and purpose of the proposed project; the general
nature of the right-of-way desired; the possibility that the
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right-of-way may be acquired by condemnation if approved by
the utilities board; a map showing the route of the proposed
project; a description of the process used by the utilities
board in making a decision on whether to approve a permit
including the right to take property by eminent domain; that
the landowner has a right to be present at such meeting and
to file objections with the board; and a designation of the
time and place of the meeting. The notice shall be served by
certified mail with return receipt requested not less than
thirty days previous to the time set for the meeting, and shall
be published once in a newspaper of general circulation in
the county. The publication shall be considered notice to
landowners whose residence is not known and to each person in
possession of or residing on the property provided a good faith
effort to notify can be demonstrated by the pipeline company.
Sec. 80. Section 479.32, Code 2022, is amended to read as
follows:
479.32 Rehearing —— judicial review.
Rehearing procedure for any person, company , or corporation
aggrieved by the action of the board in granting or failing to
grant a permit under the provisions of this chapter shall be as
provided in section 476.12 . Judicial review may be sought in
accordance with the terms of the Iowa administrative procedure
Act, chapter 17A .
Sec. 81. Section 479.34, unnumbered paragraph 1, Code 2022,
is amended to read as follows:
A person seeking to acquire an easement or other property
interest for the construction, maintenance , or operation of a
pipeline shall:
Sec. 82. Section 481A.30, Code 2022, is amended to read as
follows:
481A.30 Entire shipment contraband.
In the shipping of fish, game, animals, birds, or furs,
whenever a container includes one or more fish, game, animals,
birds , or furs that are contraband, the entire contents of the
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container shall be deemed contraband , and shall be seized by
the director or the director’s officers.
Sec. 83. Section 481A.58, Code 2022, is amended to read as
follows:
481A.58 Trapping birds or poisoning animals.
No person except those acting under the authority of the
director shall capture or take , or attempt to capture or take,
any game bird with any trap, snare , or net , any game bird , nor
shall any person use any poison , or any medicated or poisoned
food , or any other substance for the killing, capturing , or
taking of any game bird or animal.
Sec. 84. Section 481A.120, Code 2022, is amended to read as
follows:
481A.120 Hunting from aircraft or snowmobiles prohibited.
A person, either singly or as one of a group of persons,
shall not intentionally kill or wound, attempt to kill or
wound, or pursue any animal, fowl, or fish from or with an
aircraft in flight or from or with any self-propelled vehicles
designed for travel on snow or ice which utilize sled type
runners, or skis, or an endless belt tread, or wheel wheels,
or any combination thereof , and which are commonly known as
snowmobiles.
Sec. 85. Section 483A.9, Code 2022, is amended to read as
follows:
483A.9 Blanks.
The director shall provide blanks for, and determine the
method, means, and requirements of issuing licenses including
the issuance of , licenses by electronic means.
Sec. 86. Section 504.1703, subsection 1, unnumbered
paragraph 1, Code 2022, is amended to read as follows:
Except as provided in subsection 2 , the repeal of a statute
by 2004 Iowa Acts, ch. 1049 , does not affect any of the
following:
Sec. 87. Section 509.2, subsection 7, Code 2022, is amended
to read as follows:
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7. A provision that the insurer will issue to the
policyholder for delivery to each person insured an individual
certificate setting forth a statement as to the insurance
protection to which the person is entitled, to whom the
insurance benefits are payable, and the rights and conditions
set forth in subsections 8 through 10 following if applicable.
Sec. 88. Section 514J.101, Code 2022, is amended to read as
follows:
514J.101 Purpose —— applicability.
The purpose of this chapter is to provide uniform standards
for the establishment and maintenance of external review
procedures to assure that covered persons have the opportunity
for an independent review of an adverse determination or final
adverse determination made by a health carrier as required
by the federal Patient Protection and Affordable Care Act,
Pub. L. No. 111-148, as amended by the federal Health Care and
Education Reconciliation Act of 2010, Pub. L. No. 111-152,
which amends the Public Health Service Act and adopts, in part,
new 42 U.S.C. §300gg-19, and to address issues which are unique
to the external review process in this state.
Sec. 89. Section 523A.601, subsection 4, Code 2022, is
amended to read as follows:
4. All purchase agreements, including a purchase agreement
delivered or executed by electronic means, must have a sales
agent identified. A purchase agreement, including a purchase
agreement delivered or executed by electronic means, shall
be reviewed by the sales agent identified and named in the
purchase agreement pursuant to subsection 1 , paragraph “a” ,
and be signed by the purchaser and seller. If the purchase
agreement is for mortuary science services as “mortuary science”
is defined in section 156.1 , the purchase agreement must also
be signed by a person licensed to deliver funeral services.
Sec. 90. Section 537.2510, subsection 2, paragraph a,
subparagraph (1), unnumbered paragraph 1, Code 2022, is amended
to read as follows:
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The amount of rebate shall be determined by applying the
rate of finance charge which was required to be disclosed in
the transaction pursuant to section 537.3201 , according to the
actuarial method , :
Sec. 91. Section 537.3606, subsection 6, Code 2022, is
amended to read as follows:
6. Every consumer rental purchase agreement shall contain
immediately above or adjacent to the place for the signature of
the lessee, a clear, conspicuous, printed or typewritten notice
in substantially the following language:
NOTICE TO LESSEE —— READ BEFORE SIGNING
[a] [1] Do not sign this before you read the entire agreement
including any writing on the reverse side, even if otherwise
advised.
[b] [2] Do not sign this if it contains any blank spaces.
[c] [3] You are entitled to an exact copy of any agreement
you sign.
[d] [4] You have the right to exercise any early buy-out
option as provided in this agreement. Exercise of this
option may result in a reduction of your total cost to acquire
ownership under this agreement.
[e] [5] If you elect to make weekly rather than monthly
payments and exercise your purchase option, you may pay more
for the leased property.
Sec. 92. Section 543D.2, subsection 9, Code 2022, is amended
to read as follows:
9. A “certified real estate appraiser” “Certified real estate
appraiser” means a person who develops and communicates real
estate appraisals and who holds a current, valid certificate
for appraisals of types of real estate which may include
residential, commercial, or rural real estate, as may be
established under this chapter .
Sec. 93. Section 544A.13, subsection 1, paragraph c, Code
2022, is amended to read as follows:
c. Knowingly making misleading, deceptive, untrue , or
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fraudulent representations in the practice of the licensee’s
profession or engaging in unethical conduct or practice harmful
or detrimental to the public. Proof of actual injury need not
be established.
Sec. 94. Section 544A.17, subsection 3, Code 2022, is
amended to read as follows:
3. Superintendents, inspectors, supervisors , and building
trades craftspersons while performing their customary duties.
Sec. 95. Section 544A.18, subsection 4, Code 2022, is
amended to read as follows:
4. Warehouses and commercial buildings not more than one
story in height, and not exceeding ten thousand square feet
in gross floor area; commercial buildings not more than two
stories in height and not exceeding six thousand square feet in
gross floor area ; and light industrial buildings.
Sec. 96. Section 554.2106, subsection 1, Code 2022, is
amended to read as follows:
1. In this Article unless the context otherwise requires
“contract” “contract” and “agreement” “agreement” are limited
to those relating to the present or future sale of goods.
“Contract for sale” includes both a present sale of goods and
a contract to sell goods at a future time. A “sale” “sale”
consists in the passing of title from the seller to the buyer
for a price ( section 554.2401 ). A “present sale” “present
sale” means a sale which is accomplished by the making of the
contract.
Sec. 97. Section 554.12107, Code 2022, is amended to read
as follows:
554.12107 Federal reserve regulations and operating
circulars.
Regulations of the board of governors of the federal reserve
system and operating circulars of the federal reserve banks as
of July 1, 1991, supersede any inconsistent provision of this
article Article to the extent of the inconsistency.
Sec. 98. Section 556E.6, Code 2022, is amended to read as
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follows:
556E.6 Tests for articles.
In any test for the ascertainment of the fineness of any
such article mentioned in this section and sections 556E.3
through 556E.5 , according to the foregoing standards, the part
of the article taken for the test shall be such portion as does
not contain or have attached thereto any solder or alloy of
inferior metal used for brazing or uniting the parts of such
article, and provided further and in addition to the foregoing
test and standards, that the actual fineness of the entire
quantity of metal purporting to be silver contained in any
article mentioned in sections 556E.3 through 556E.5 , including
all solder or alloy of inferior fineness used for brazing or
uniting the parts of any such article, all such silver, alloy,
or solder being assayed as one piece, shall not be less by more
than ten one-thousandths parts than the fineness indicated
according to the foregoing standards, by the mark stamped,
branded, engraved, or imprinted upon such article, or upon any
tag, card, or label attached thereto, or upon any container in
which said article is enclosed.
Sec. 99. Section 590.2, Code 2022, is amended to read as
follows:
590.2 Notice of hearing in probate.
In all instances prior to January 1, 1964, where the clerk
of the district court of any county failed to publish notice
of the time fixed for hearing of the probate of any will filed
in such county as required by section 11865 of the Code [1924
to through 1939 , inclusive ], and section 633.20, Codes 1946 to
through 1962, inclusive, but did publish a notice of the time
fixed for such hearing signed by the clerk and addressed to
whom it may concern in a daily or weekly newspaper printed in
the county where the will was filed, such notice of time fixed
for the hearing of the probate of such will is hereby legalized
and shall have the same force and effect as though the same had
been published in strict conformity with the requirements of
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said section.
Sec. 100. Section 591.16, subsection 2, Code 2022, is
amended to read as follows:
2. This section shall not operate to revive rights or claims
previously barred and shall not permit an action to be brought
or maintained upon any claim or cause of action which was
barred by any statute which was in force prior to the effective
date of this section April 3, 1964 .
Sec. 101. Section 600A.9, subsection 1, Code 2022, is
amended to read as follows:
1. Subsequent to the hearing on termination of parental
rights under this chapter , the juvenile court shall make a
finding of facts and shall do one of the following :
a. Order the petition dismissed; or, dismissed.
b. Order the petition granted. The juvenile court shall
appoint a guardian and a custodian or a guardian only. An
order issued under this paragraph shall include the finding
of facts. Such finding shall specify the factual basis for
terminating the parent-child relationship and shall specify the
ground or grounds upon which the termination is ordered.
Sec. 102. Section 633.448, Code 2022, is amended to read as
follows:
633.448 Allowance and judgment.
Upon the trial of a claim, offsets , and counterclaims, the
amount owing by or to the estate, if any, shall be determined.
A claim against the estate shall be allowed for the net amount.
Judgment shall be rendered for any amount found to be due the
estate. If a judgment is rendered against a claimant for
any net amount, execution may issue in the same manner as on
judgments in civil cases. The judgment against any interested
party may be deducted from any amounts the estate owes to the
interested party.
Sec. 103. Section 709.15, subsection 4, paragraph c, Code
2022, is amended to read as follows:
c. This subsection only applies to an offense under
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paragraph “a” , subparagraph (1) , which occurs within the
period of time the adult providing training or instruction
is receiving payment for the training or instruction and
to an offense under paragraph “a” , subparagraph (2) , which
occurs within the period of time the adult providing training
or instruction is receiving payment for the training or
instruction or within thirty days after any such period of
training or instruction.
Sec. 104. Section 716.14, subsection 2, unnumbered
paragraph 1, Code 2022, is amended to read as follows:
A person commits unauthorized sampling , if the person
knowingly enters private property, without consent of the owner
or any other person having real or apparent authority to grant
consent, and obtains samples of any of the following:
Sec. 105. Section 904.805, subsections 2 and 3, Code 2022,
are amended to read as follows:
2. Receive, investigate , and take appropriate action
upon any complaints from potential purchasers of Iowa state
industries products or services regarding lack of cooperation
by Iowa state industries with public bodies and officers
who are listed in section 904.807 , and with other potential
purchasers.
3. Establish, transfer , and close industrial operations as
deemed advisable to maximize opportunities for gainful work for
inmates and to adjust to actual or potential market demand for
particular products or services.
Sec. 106. Section 904.812, Code 2022, is amended to read as
follows:
904.812 Restriction on goods made available.
Effective July 1, 1978, and notwithstanding any other
provisions of this subchapter , goods made available by Iowa
state industries shall be restricted to items, materials,
supplies , and equipment which are formulated or manufactured by
Iowa state industries and shall not include goods, materials,
supplies , or equipment which are merely purchased by Iowa state
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industries for repacking or resale except with approval of
the state director when such repacking for resale items are
directly related to product lines.
Sec. 107. 2021 Iowa Acts, chapter 101, section 1, is amended
to read as follows:
SEC. 1. Section 708.7 , Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 07. A person injured by a violation of
section subsection 1 , paragraph “a” , subparagraph (4), may
bring a civil action against the person whose conduct violated
section subsection 1 , paragraph “a” , subparagraph (4).
Sec. 108. 2021 Iowa Acts, chapter 143, section 40, is
amended to read as follows:
SEC. 40. NEW SECTION . 456.5A Long-range budget plan.
1. As used in this section , “planning period” means a period
comprised of five consecutive fiscal years each beginning July
1 and ending June 30.
2. Not later than January 10, 2022, and not later than
January 10 of each subsequent five-year period, the state
geologist shall publish a new long-range budget plan for
the next planning period. The long-range budget plan shall
describe how moneys appropriated, expected to the appropriated,
or otherwise available or expected to be available to the
Iowa geological survey for each fiscal year of that planning
period are to be expended in a manner that best allows the
Iowa geographic geological survey to exercise its powers and
carry out its duties or functions. The long-range budget plan
shall include any performance goals and measures required
by law or established by the state geologist. The state
geologist shall annually evaluate the Iowa geological survey’s
progress in attaining those performance goals and shall revise
the long-term budget plan as the state geologist determines
necessary or desirable.
Sec. 109. 2021 Iowa Acts, chapter 143, section 41, is
amended by striking the section and inserting in lieu thereof
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the following:
SEC. 41. Section 456.7 , Code 2021, is amended to read as
follows:
456.7 Annual report.
The On or before January 10 of each year , the state geologist
shall , annually, at the time provided by law, make submit to
the governor and the general assembly a full report of the work
in of the Iowa geological survey performed during the preceding
year , which . The report shall include a summary of its current
long-range budget plan as provided in section 456.5A . The
report may be accompanied by such other reports and papers
documents as may be considered the state geologist determines
is necessary or desirable for publication.
Sec. 110. 2021 Iowa Acts, chapter 165, section 126, is
amended to read as follows:
SEC. 126. NEW SECTION . 490.903 Required approvals.
If a domestic or foreign corporation or eligible entity
shall not be a party to a merger without the approval of the
superintendent of banking, the commissioner of insurance, or
the Iowa utility utilities board, and the applicable statutes
or regulations do not specifically deal with transactions under
this subchapter but do require such approval for mergers,
a corporation or eligible entity shall not be a party to a
transaction under this subchapter without the prior approval of
that agency or official.
Sec. 111. 2021 Iowa Acts, chapter 183, section 5, is amended
to read as follows:
SEC. 5. Section 9E.7 , Code 2021, is amended by adding the
following new subsection:
NEW SUBSECTION . 4A. Upon request by a program participant,
the assessor or the assessor’s staff shall redact the
requestor’s name contained in electronic documents that
are displayed for public access through an internet site.
The assessor shall implement and maintain a process to
facilitate these requests. A fee shall not be charged for the
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administration of this paragraph subsection .
DIVISION II
RETROACTIVE APPLICABILITY PROVISIONS
Sec. 112. RETROACTIVE APPLICABILITY. The following apply
retroactively to July 1, 2021:
1. The section of this Act amending 2021 Iowa Acts, chapter
101, section 1.
2. The section of this Act amending 2021 Iowa Acts, chapter
143, section 40.
3. The section of this Act amending 2021 Iowa Acts, chapter
143, section 41.
4. The section of this Act amending 2021 Iowa Acts, chapter
183, section 5.
Sec. 113. RETROACTIVE APPLICABILITY. The following applies
retroactively to January 1, 2022:
The section of this Act amending 2021 Iowa Acts, chapter 165,
section 126.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill makes Code changes and corrections that are
considered to be nonsubstantive and noncontroversial, in
addition to style changes. Changes include updating and
correcting names of public programs and entities, correcting
citations to the United States Code and Iowa Acts, correcting
terminology, spelling, format, capitalization, punctuation, and
grammar, as well as numbering, renumbering, and reorganizing
various provisions to eliminate unnumbered paragraphs and to
facilitate citation. The Code sections in which the bill
makes technical, grammatical, and other nonsubstantive changes
include the following:
Division I:
Section 7A.3: Supplies a missing definite article in
a reference to the director of the department of natural
resources in this provision relating to biennial reports by
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state officials and departments.
Section 9G.1: Adds the word “and” before the last item in a
series in language relating to books and records of the land
office.
Section 9G.6: Supplies a missing definite article in
language regarding the issuance of patents for lands by the
land office.
Section 10.1: Strikes language that became superfluous
after former subparagraph (1) of subsection 9, paragraph “b”,
was stricken by its own terms, and combines the remaining
language of this provision that includes interests in
protected series as interest holdings that can be counted
when determining if a limited liability company is a farmers
cooperative limited liability company for purposes of the Code
chapter regarding agricultural landholding restrictions.
Section 15.271: Changes the word “tourism” to “tourist”,
which appears before the word “attractions” in language
relating to sites, facilities, and services provided through
the economic development authority for travelers in Iowa, to
conform to similar terminology used elsewhere in the Code.
Section 15F.403: Changes the word “money” to “moneys” to
conform terminology used to describe the monetary contents of
the sports tourism program fund to other similar terminology
elsewhere in the Code.
Section 15J.5: Supplies a missing definite article in
language regarding the calculation of new state sales tax
revenue in reinvestment districts established after July 1,
2020, under the Iowa reinvestment Act.
Section 16.79A: Changes “principle” to “principal” to
correct the term used to describe primary agricultural assets
under the beginning farmer tax credit program.
Section 17A.7: Strikes the word “either” in language
describing three alternative courses of action by an agency
after a petition for rulemaking has been filed by an interested
person.
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Section 29B.4: Adds quotation marks and italicizes the word
“apprehension” to conform the formatting of this definition of
a term within the code of military justice to the formatting
used for other definitions of terms in the Iowa Code.
Section 39.28: Replaces a numeric self-reference with
the words “this chapter and” and a citation to the next Code
chapter in the series to correct the citation form used in two
places within this provision regarding actions that may be
taken by political parties and nonparty political organizations
regarding challenges to or enforcement of certain election law
provisions.
Section 41.1: Changes “point of beginning” to “point of
origin” and adds the definite article “the” in two places to
conform to other similar usage within this provision governing
legislative districts for the Iowa house of representatives.
Section 43.114: Adds a comma after a prefatory clause and
changes “such” to “the” to improve the readability of this
provision relating to the time of holding special charter city
primary elections.
Section 44.18: Changes a number to the same numeric
expression in words to conform to Code style in this provision
relating to verification of the status of voter nonparty
political organization affiliation for purposes of voter
registration.
Section 47.3: Supplies a missing definite article in
language relating to responsibility for payment of the expenses
of conducting elections.
Sections 73A.21, 89.3, 91C.1, and 91C.9: Conform references
to the division of labor services of the department of
workforce development in provisions relating to government
agency reciprocal resident bidder and resident labor force
preferences and contractor licensing and registration to the
language establishing the division of labor services in Code
section 84A.1.
Section 80D.2: Strikes the words “law enforcement” that
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appear before the words “academy” and “council” in this
provision relating to the establishment of standards for the
members of the reserve force to reflect the definitions of the
terms “academy” and “council” to mean the “Iowa law enforcement
academy” and the “Iowa law enforcement academy council”,
respectively, in Code section 80D.1A.
Section 85.67: Divides this Code section relating to the
administration of and payment of awards from the workers’
compensation fund into two numbered subsections based on
subject matter to improve citation to and use of Code section
content.
Section 91A.2: Strikes the word “the” from prefatory
language relating to chapter purposes to conform the language
in this provision relating to persons engaged in agriculture
who are not employees to similar language elsewhere in the
Code.
Section 96.1A: Corrects subunit naming conventions and adds
the word “this” before a reference to “division (d)” to clarify
that this language, excluding certain services performed in
connection with commercial canning or freezing of agricultural
commodities from the agricultural labor exclusion from the
definition of “employment”, for purposes of unemployment
compensation eligibility and benefits, is part of subsection
16, paragraph “g”, subparagraph (3), subparagraph division (d).
Section 96.7: Numbers unnumbered paragraphs in subsection
2, paragraph “d”, subparagraph (2), to improve citation to this
provision relating to calculation of employer contribution
rates to the unemployment compensation fund.
Section 96.14: Strikes unneeded commas and archaic and
redundant language and updates the language and style in this
provision relating to penalties due from and liabilities of an
employer for payment, if the employer fails to pay unemployment
compensation contributions as required under Code chapter 96.
Section 97A.6: Eliminates a double negative and simplifies
language in this provision relating to benefits payable under
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the public safety peace officers’ retirement, accident, and
disability system.
Section 97B.50A: Eliminates a double negative and
simplifies language in this provision relating to disability
benefits payable to special service members under the Iowa
public employees’ retirement system.
Section 99G.36: Conforms language, relating to the
commission of the offense of knowingly or intentionally passing
a lottery ticket or share in order to avoid the application of
an offset for indebtedness, to other similar language in this
Code section.
Section 100.31: Adds a comma before the last item in
a series in this provision relating to school fire safety
inspections conducted by the state fire marshal.
Section 125.92: Adds commas to set off clauses and improve
the readability of this provision regarding the right of a
committed person to the rendering of informed consent prior to
treatment for a substance-related disorder.
Sections 135.107, 262.78, and 263.17: Corrects references
by name to the center for agricultural safety and health that
is located at the university of Iowa with provisions describing
the duties and providing for the establishment of the center.
Section 135C.3: Conforms terminology used in subsection 2
to terminology used in subsection 1 of this provision regarding
the nature of care provided to patients in certain health care
facilities.
Section 147C.1: Corrects the citations to United States
Code provisions regarding status as active duty military
personnel under the interstate physical therapy licensure
compact.
Section 217.15: Adds a comma before the last item in
a series in this provision setting the qualifications for
the administrator of the division of administration of the
department of human services.
Section 218.31: Changes a comma to a semicolon to correct
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the punctuation in a series in this provision relating to the
powers of an administrator of a department of human services
institution to call and examine witnesses when investigating
charges of abuse, neglect, or mismanagement of the institution.
Section 218.44: Changes “such” to “the” to update the style
of the language used in this provision regarding payment of all
or part of any wages due a resident of a department of human
services institution to a dependent of the resident.
Section 225C.25: Redrafts a string citation to eliminate
a numeric self-reference and references to repealed and
reserved Code sections within this short title section for
the provisions constituting the bill of rights and service
quality standards of persons with an intellectual disability,
developmental disabilities, brain injury, or chronic mental
illness.
Section 225C.29: Updates two string citations to remove
references to repealed and reserved Code sections in this
provision relating to compliance proceedings for violations
of rules adopted by the mental health and disability services
commission to implement the bill of rights and service
quality standards of persons with an intellectual disability,
developmental disabilities, brain injury, or chronic mental
illness.
Section 225C.42: Places items that currently appear in
a series after a colon in a numbered list to improve the
readability of and to facilitate citation to this provision
regarding the contents of an analysis that is part of the
annual evaluation of the family support subsidy program.
Section 230.6: Adds a comma at the end of a dependent
clause to improve the readability of this provision relating
to transfer of patients who have been placed in a hospital for
psychiatric examination and treatment based on the patient’s
place of legal residence.
Section 232.37: Adds a comma at the beginning of a dependent
clause to improve the readability of this provision relating to
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the procedure for setting a hearing on a petition alleging that
a child had committed a delinquent act.
Section 249.3: Adds the words “of the following” and
replaces a semicolon and the word “or” with a period to conform
the style of this numbered list establishing criteria for
eligibility for state supplementary assistance with the style
of other similar provisions elsewhere in the Code.
Section 256.9: Adds the words “to the Constitution of the
United States” after the words “first amendment” to clarify
which amendment is referenced in language relating to training
on free speech that is to be developed by the department of
education and distributed to school districts.
Section 261.113: Changes “which” to “the city” to improve
the readability of language describing what constitutes a
“service commitment area” for purposes of the rural Iowa
primary care loan repayment program.
Section 309.48: Replaces a set of parentheses with commas to
conform the style of this provision regarding the contents of
tax-exempt anticipatory certificates issued for secondary road
funds to the style used elsewhere in the Code.
Section 321.14: Strikes the redundant word “hereby” in
this provision regarding the seizure by the department of
transportation of any expired, revoked, canceled, suspended,
fictitious, or unlawfully or erroneously issued registration
card, certificate of title, permit, registration plate,
certificate of inspection, or inspection document or form.
Section 329.6: Updates language and divides a long sentence
into two sentences to improve the readability of this provision
regarding the procedure for establishment of airport zoning
regulations for municipalities that own or control an airport,
but lack or refuse to adopt regulations, and an airport hazard
area exists adjacent to the airport.
Section 357.1B: Supplies a missing indefinite article in a
definition of “benefited water district” within this provision
regarding the establishment of combined water and sanitary
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districts.
Section 390.1: Adds a comma within a series and at
the beginning of a clause to improve the readability of a
definition of the term “participant” that applies to the Code
chapter governing joint electrical utilities.
Section 403.16: Supplies a missing indefinite article in
language describing personal interests that public officials
and employees are prohibited from having in urban renewal
projects.
Section 422.1: Strikes the redundant word “herein” from
language describing the organization of Code chapter 422 that
governs individual income, corporate, and franchise taxes.
Section 422.16: Updates an archaic citation style to
eliminate a numeric self-reference and to conform to current
style and strikes the redundant word “hereof” in this provision
regarding withholding and payment of withheld tax.
Section 422.25: Removes commas from an essential clause to
improve the readability of language relating to crediting of
payment of taxes to amounts due, including any penalties and
interest.
Section 441.7: Divides this Code section, relating to
special examinations by the director of revenue to fill
vacancies in the office of city or county assessor, into three
numbered subsections based upon content to facilitate citation
to the contents of this Code section.
Section 441.48: Updates archaic language to improve
the readability of a provision relating to the process
for adjustment of valuation of classes of property by the
department of revenue.
Sections 453A.22 and 453A.23: Strikes an unneeded reserved
subsection and renumbers the balance of the subsections within
Code section 453A.22, pertaining to revocation and suspension
of permits for the manufacture, sale, and distribution of
tobacco, alternative nicotine, and vapor products, and corrects
an internal reference in Code section 453A.23, pertaining to
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revocation of a retailer’s permit for the sale of cigarettes in
railway cars.
Section 455B.145: Replaces the word “thereunder” with
“under this subchapter II” to facilitate citation within this
provision relating to evaluation and acceptance of local
air pollution control programs by the department of natural
resources.
Section 455B.174: Adds the word “or” before the last item
in a series and replaces the word “thereto” with “to this part
1 of subchapter III, chapter 459, subchapter III, chapter 459A,
or chapter 459B” in subsection 1, and with “to this part 1 of
subchapter III or chapter 459, subchapter III” in subsection 3,
to facilitate citation within this provision relating to the
duties of the director of the department of natural resources
regarding water pollution, water quality, animal feeding
operations, and dry bedded confinement feeding operations.
Section 455B.261: Adds a numeric part reference to
facilitate hypertext linkage in this definitions section for
part 4 of subchapter III of Code chapter 455B that pertains to
water allocation and use and floodplain control.
Section 455B.381: Adds a numeric subchapter reference
to facilitate hypertext linkage in this definition of
“hazardous condition” that applies to the part of subchapter
IV that relates to the prevention and mitigation of hazardous
conditions.
Section 456A.24: Strikes archaic and redundant language
from prefatory language to improve the readability of this
provision relating to the power of the department of natural
resources to acquire lands or waters for certain purposes.
Section 462A.4: Moves a phrase that provides an exception
and adds a comma before the item in a series to improve the
readability of language containing a requirement that every
vessel on waters subject to the jurisdiction of the natural
resources commission be numbered.
Section 462A.82: Moves a sentence in language relating to
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transfers of ownership of a vessel so that language exempting
surviving spouses from payment of certain fees immediately
succeeds the language imposing a fee for transfers of ownership
and applications for new certificates of title.
Section 468.49: Adds a comma before the last item in
a series to conform the style of the language relating to
classification of land for drainage, erosion, or flood control
purposes to current Code style.
Section 476.23: Adds the words “all of the following apply”
to a prefatory paragraph, and modifies punctuation and strikes
the word “and” from succeeding paragraphs, to conform the style
of a subsection, in this provision relating to electrical
service conflicts and certificates of authority to furnish
services, to current Code style.
Section 476.55: Changes a reference to repealed Code
section 476.96 to a reference to current Code section 34A.2
that contains the same definition of “local exchange carrier”
as was contained in the former Code section, to improve the
readability of this provision relating to the effect of a
complaint of antitrust activities on applications for new
or changed rates, charges, schedules, or regulations by an
electric transmission line utility or a gas pipeline utility.
Section 478.15: Changes the letters “K V” to “kilovolt”
to improve the readability of this provision relating to use
of eminent domain for acquisition of rights-of-way for the
location of electric substations.
Section 478.23: Strikes the archaic and redundant word
“heretofore” from language relating to the granting of
franchises for the distribution of electric light or power
under law which existed prior to the enactment of Code chapter
478.
Section 479.3: Adds commas before the last items within
three series to conform the style of this provision requiring
pipeline companies to comply with Code chapter 479 when
constructing, maintaining, or operating any pipeline or lines
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under, along, over, or across any public or private highways,
grounds, waters, or streams to current Code style.
Section 479.5: Adds commas before the last items within
several series to conform to current Code style, and strikes
the word “utilities” that appears before the word “board”, in
this provision relating to applications by pipeline companies
for permits to construct, maintain, or operate a pipeline or
lines along, over, or across any public or private highways,
grounds, waters, or streams, because the term “board” is
defined in Code section 479.2 to mean the utilities board.
Section 479.32: Adds a comma before the last item in
a series to conform this language relating to rehearing
procedures for and judicial review of decisions of the Iowa
utilities board regarding the granting of pipeline permits to
current Code style.
Section 479.34: Adds a comma before the last item in a
series to conform this language relating to the procedure
for cancellation of agreements granting easements or other
interests by landowners or their fiduciaries to pipeline
companies to current Code style.
Section 481A.30: Adds a comma before the last item in a
series and strikes an unneeded comma in language relating
to seizure of shipment containers that contain fish, game,
animals, birds, or furs that are contraband by the department
of natural resources to conform the punctuation of the
provision to current Code style.
Section 481A.58: Moves a phrase, adds commas, and strikes an
additional instance of the word “or” from a series to improve
the readability of this Code section prohibiting the trapping
of birds and the poisoning of animals.
Section 481A.120: Strikes the word “or” in two places in a
series, changes the word “wheel” to “wheels”, and adds commas
to set off a clause to improve the readability of this Code
section prohibiting the hunting of animal, fowl, or fish from
aircraft or snowmobiles.
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Section 483A.9: Adds a comma at the end of a clause to
improve the readability of this provision regarding the
provision of blank hunting licenses by the department of
natural resources.
Section 504.1703: Adds the word “Iowa” before an Iowa
Acts reference to conform the citation style within this
savings provision, relating to the law applicable to nonprofit
corporations prior to the amendments made by 2004 Iowa Acts,
chapter 1049, to current Code style.
Section 509.2: Strikes the redundant word “following” from
language relating to the contents of an insurance certificate
that must be issued by a group life insurer to a policyholder.
Section 514J.101: Strikes the obsolete word “new” that
appears before a United States Code citation in this Code
provision relating to the purpose of the Code chapter regarding
uniform standards for external review of health carrier
decision making that was enacted in 2011.
Section 523A.601: Adds the word “be” to improve the grammar
and readability of this provision relating to requirements
for purchase agreements for cemetery merchandise, funeral
merchandise, funeral services, or a combination of those goods
and services.
Section 537.2510: Changes a comma to a colon to conform
the style of this provision, relating to the determination of
the amount of the rebate due upon the prepayment in full of an
amount due in a consumer credit transaction, to current Code
style.
Section 537.3606: Converts lettering to numbering within
a form to convert the style of a form used in consumer rental
purchase agreements to other similar forms throughout the Code.
Section 543D.2: Strikes the indefinite article “A” that
appears before the defined term “certified real estate
appraiser” to conform the style of the definition to the
style used for the remainder of the definitions within this
definitions Code section for the Code chapter pertaining to the
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regulation of real estate appraisals and appraisers.
Section 544A.13: Adds a comma before the last item in a
series to conform the style of this provision detailing the
grounds for revocation or suspension of a license to practice
architecture to current Code style.
Section 544A.17: Adds a comma before the last item in a
series to conform this provision, identifying persons and
professions to which the requirements pertaining to the
practice of architecture do not apply, to current Code style.
Section 544A.18: Adds a semicolon before the last item in a
series to conform language identifying the types of buildings
for which planning and design services may be performed by
persons who are not licensed as an architect to current Code
style.
Section 554.2106: Adds italics to terms that currently
appear only in quotes in this provision defining certain terms
for purposes of the article pertaining to contracts and sales
under the uniform commercial code to match the style used
elsewhere in the Iowa Code to denote defined terms.
Section 554.12107: Capitalizes the “A” in the word
“article”, in this Code section that provides that federal
reserve regulations and operating circulars supersede the
provisions of article 12 of the uniform commercial code, to
conform the capitalization of that term to the capitalization
used elsewhere in Code chapter 554.
Section 556E.6: Adds the word “section” to a citation to
facilitate hypertext linkage in this provision relating to
tests used to ascertain the quality of metal used in items that
purport to be silver or silver alloy.
Section 590.2: Updates the style used to cite prior Codes
to conform this legalizing provision relating to notices
of appointment of executors or administrators that were
irregularly published prior to January 1, 1964, to current Code
style.
Section 591.16: Replaces the words “effective date of this
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section” with the actual effective date of the enactment of
the language of this Code section that relates to amendments
to articles of incorporation and changes to corporate names,
in 1964 Iowa Acts, chapter 19.
Section 600A.9: Adds the words “do one of the following”
and replaces a semicolon, a comma, and the word “or” with a
period to conform the style of this provision relating to
the procedure in juvenile court subsequent to a hearing on a
termination of parental rights to the style of other provisions
with enumerated content elsewhere in the Code.
Section 633.448: Adds a comma before the last item in a
series to conform the style of this provision relating to
determinations of amounts owed by or to a decedent’s estate at
a trial of a claim, offsets, and counterclaims to current Code
style.
Section 709.15: Adds a reference to “paragraph ‘a’”
before references to two subparagraphs to clarify which
subparagraphs are being referenced in this provision relating
to applicability of provisions prohibiting sexual exploitation
by an adult providing training or instruction to a minor.
Section 716.14: Deletes a comma that appears before
an essential clause in language describing the crime of
unauthorized sampling to improve the grammar and readability of
the language.
Section 904.805: Adds a comma before the last items in
two different series, in language outlining the duties of the
director of the department of corrections related to the state
prison industries, to conform the style of the language to
current Code style.
Section 904.812: Adds a comma before the last items in
two different series, in language limiting the goods made
available through Iowa state industries to items formulated or
manufactured by Iowa state industries, to conform the style of
the language to current Code style.
2021 Iowa Acts, chapter 101, section 1: Changes the word
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“section” to “subsection” to correct an internal reference in
this 2021 Iowa Acts provision adding language to Code section
708.7 that allows civil actions to be brought by a victim of
certain forms of harassment against the perpetrator. This
provision is made retroactively applicable to July 1, 2021, in
division II of the bill.
2021 Iowa Acts, chapter 143, sections 40 and 41: Corrects,
in two places, a reference to the geological survey by name in
this 2021 Iowa Act providing for appropriations for agriculture
and natural resources. This provision is made retroactively
applicable to July 1, 2021, in division II of the bill.
2021 Iowa Acts, chapter 165, section 126: Corrects a
reference to the Iowa utilities board by name in this 2021
Iowa Acts provision requiring prior approval of certain state
agencies or officials if a domestic or foreign corporation or
eligible entity seek to be a party to a merger under the Code
chapter governing business corporations, but other law requires
approval prior to participation in a merger. This provision is
made retroactively applicable to January 1, 2022, in division
II of the bill.
2021 Iowa Acts, chapter 183, section 5: Corrects an internal
reference by changing the word “paragraph” to “subsection” in
this 2021 Iowa Acts provision that adds a new subsection to
the Code section relating to redacting of information from
documents under the address confidentially program in the
office of secretary of state that are made publicly available.
This provision is made retroactively applicable to July 1,
2021, in division II of the bill.
Division II. This division contains retroactive
applicability provisions pertaining to changes to Iowa Acts
enacted in the 2021 session of the Eighty-ninth General
Assembly.
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