Bill Text: IA SF2335 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including retroactive applicability provisions. (Formerly SSB 3167.)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2018-03-06 - Withdrawn. S.J. 547. [SF2335 Detail]
Download: Iowa-2017-SF2335-Introduced.html
Senate File 2335 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3167) (COMPANION TO LSB 5784HV BY COMMITTEE ON JUDICIARY) A BILL FOR 1 An Act relating to statutory corrections which may adjust 2 language to reflect current practices, insert earlier 3 omissions, delete redundancies and inaccuracies, delete 4 temporary language, resolve inconsistencies and conflicts, 5 update ongoing provisions, or remove ambiguities, and 6 including retroactive applicability provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5784SV (2) 87 lh/rj PAG LIN 1 1 Section 1. Section 1.8, Code 2018, is amended to read as 1 2 follows: 1 3 1.8 Applicability of statute. 1 4 Section 1.4 shall apply to all lands acquired under sections 1 5 1.5tothrough 1.7. 1 6 Sec. 2. Section 1.13, Code 2018, is amended to read as 1 7 follows: 1 8 1.13 Existing trusts not affected. 1 9 Nothing insectionssection 1.12to, this section, 1 10 or section 1.14 or 1.15 shall authorize the alienation, 1 11 encumbrance, or taxation of any real or personal property, 1 12 including water rights, belonging to any Indian or Indian 1 13 tribe, band, or community that is held in trust by the United 1 14 States or is subject to a restriction against alienation 1 15 imposed by the United States; or shall authorize regulation 1 16 of the use of such property in a manner inconsistent with any 1 17 federal treaty, agreement, or statute or with any regulation 1 18 made pursuant thereto; or shall confer jurisdiction upon the 1 19 state to adjudicate, in probate proceedings or otherwise, 1 20 the ownership or right to possession of such property or any 1 21 interest therein. 1 22 Sec. 3. Section 1.14, Code 2018, is amended to read as 1 23 follows: 1 24 1.14 Tribal ordinances or customs enforced. 1 25 Any tribal ordinance or custom heretofore or hereafter 1 26 adopted by the governing council of the Sac and Fox Indian 1 27 settlement in Tama county in the exercise of any authority 1 28 which it may possess shall, if not inconsistent with any 1 29 applicable civil law of the state, be given full force and 1 30 effect in the determination of civil causes of action pursuant 1 31 to sections 1.12to, 1.13, this section, and 1.15. 1 32 Sec. 4. Section 6A.22, subsection 2, paragraph a, 1 33 subparagraph (2), Code 2018, is amended to read as follows: 1 34 (2) The acquisition of any interest in property necessary to 1 35 the function of a public or private utility to the extent such 2 1 purpose does not include construction of aboveground merchant 2 2 lines, or necessary to the function of a common carrier,or 2 3 airport or airport system. 2 4 Sec. 5. Section 8B.21, subsection 6, Code 2018, is amended 2 5 to read as follows: 2 6 6. Annual report. On an annual basis, the office shall 2 7 prepare a report to the governor, the department of management, 2 8 and the general assembly regarding the total spending on 2 9 technology for the previous fiscal year, the total amount 2 10 appropriated for the current fiscal year, and an estimate of 2 11 the amount to be requested for the succeeding fiscal year for 2 12 all agencies. The report shall include a five=year projection 2 13 of technology cost savings, an accounting of the level of 2 14 technology cost savings for the current fiscal year, and a 2 15 comparison of the level of technology cost savings for the 2 16 current fiscal year with that of the previous fiscal year. The 2 17 report shall be filed as soon as possible after the close of a 2 18 fiscal year, and by no later than the second Monday of January 2 19 of each year. 2 20 Sec. 6. Section 8C.7A, subsection 3, paragraph a, 2 21 subparagraph (2), subparagraph division (b), Code 2018, is 2 22 amended to read as follows: 2 23 (b) An authority that has adopted a municipal or county code 2 24 on or before July 1, 2017, which requires an application or 2 25 permit for the installation, placement, operation, maintenance, 2 26 or replacement of a micro wireless facility may continue the 2 27 application or permit requirement subsequent to July 1, 2017. 2 28 Sec. 7. Section 12C.5, Code 2018, is amended to read as 2 29 follows: 2 30 12C.5 Refusal of deposits == procedure. 2 31 If the approved depositories will not accept the deposits 2 32 under the conditions prescribed or authorized in this chapter, 2 33 the funds may be deposited, on the same or better terms as 2 34 were offered to the depositories, in one or more approved 2 35 depositories conveniently located within the state. 3 1The treasurer of state may invest in any of the investments 3 2 authorized for the Iowa public employees' retirement system in 3 3 section 97B.7A except that investment in common stocks shall 3 4 not be permitted.3 5 Sec. 8. Section 15.293B, subsection 1, paragraph i, Code 3 6 2018, is amended to read as follows: 3 7 i. An applicant that is unsuccessful in receiving a tax 3 8 credit award during an annual application period may make 3 9 additional applications during subsequent annual application 3 10 periods. Such applicants shall be required to submit a new 3 11 applicationand, which shall be competitively reviewed and 3 12 scored in the same manner as otherapplicantsapplications in 3 13 that annual application period. 3 14 Sec. 9. Section 16.161, Code 2018, is amended to read as 3 15 follows: 3 16 16.161 Authority to issueE911911 program bonds and notes. 3 17 1. The authority shall assist the program manager, 3 18 appointed pursuant to section 34A.2A, as provided in chapter 3 19 34A, subchapter II, and the authority shall have all of the 3 20 powers delegated to it by a jointE911911 service board or the 3 21 department of public defense in a chapter 28E agreement with 3 22 respect to the issuance and securing of bonds or notes and the 3 23 carrying out of the purposes of chapter 34A. 3 24 2. The authority shall provide a mechanism for the pooling 3 25 of funds of two or more jointE911911 service boards to be 3 26 used for the joint purchasing of necessary equipment and 3 27 reimbursement of land=line and wireless service providers' 3 28 costs for upgrades necessary to provideE911911 service. When 3 29 two or more jointE911911 service boards have agreed to pool 3 30 funds for the purpose of purchasing necessary equipment to be 3 31 used in providingE911911 service, the authority shall issue 3 32 bonds and notes as provided in sections 34A.20 through 34A.22. 3 33 Sec. 10. Section 20.3, subsections 3 and 8, Code 2018, are 3 34 amended to read as follows: 3 35 3. a. "Confidential employee" means any public employee who 4 1 works in the personnel offices of a public employer or who has 4 2 access to information subject to use by the public employer 4 3 in negotiating or who works in a close continuing working 4 4 relationship with public officers or representatives associated 4 5 with negotiating on behalf of the public employer. 4 6 b. "Confidential employee" also includes the personal 4 7 secretary of any of the following: 4 8 (1) Any elected official or person appointed to fill a 4 9 vacancy in an elective office, member. 4 10 (2) A member of any board or commission, the. 4 11 (3) The administrative officer, director, or chief 4 12 executive officer of a public employer or major division 4 13 thereof, or the. 4 14 (4) The deputy or first assistant of any of theforegoing 4 15persons described in subparagraphs (1) through (3). 4 16 8. "Professional employee" means any one of the following: 4 17 a. Any employee engaged in work to which all of the 4 18 following apply: 4 19 (1)PredominantlyThe work is predominantly intellectual 4 20 and varied in character as opposed to routine mental, manual, 4 21 mechanical or physical work;. 4 22 (2)InvolvingThe work involves the consistent exercise of 4 23 discretion and judgment in its performance;. 4 24 (3)OfThe work is of such a character that the output 4 25 produced or the result accomplished cannot be standardized in 4 26 relation to a given period of time; and. 4 27 (4)RequiringThe work requires knowledge of an advanced 4 28 type in a field of science or learning customarily acquired 4 29 by a prolonged course of specialized intellectual instruction 4 30 and study in an institution of higher learning or a hospital, 4 31 as distinguished from a general academic education or from an 4 32 apprenticeship or from training in the performance of routine 4 33 mental, manual, or physical processes. 4 34 b. Any employeewhoto whom all of the following apply: 4 35 (1)HasThe employee has completed the courses of 5 1 specialized intellectual instruction and study described in 5 2 paragraph "a", subparagraph4, of this subsection, and(4). 5 3 (2)IsThe employee is performing related work under the 5 4 supervision of a professional person to qualify the employee 5 5 to become a professional employee as defined in paragraph "a" 5 6of this subsection. 5 7 Sec. 11. Section 22.15, Code 2018, is amended to read as 5 8 follows: 5 9 22.15 Personnel records == discipline == employee 5 10 notification. 5 11 A government body that takes disciplinary action against an 5 12 employee that may result in information described in section 5 13 22.7, subsection 11, paragraph "a", subparagraph (5), being 5 14 placed in the employee's personnel record, prior to taking such 5 15 disciplinary action, shall notify the employee in writing that 5 16 the information placed in the employee's personnelfilerecord 5 17 as a result of the disciplinary action may become a public 5 18 record. 5 19 Sec. 12. Section 29A.27, subsection 5, Code 2018, is amended 5 20 to read as follows: 5 21 5. The provisionsherein providedof this section shall 5 22 apply to all individuals receiving benefits under this section 5 23 or who subsequently may become entitled to such benefits. 5 24 Sec. 13. Section 30.3, subsections 1 and 2, Code 2018, are 5 25 amended to read as follows: 5 26 1. Material safety data sheets or a list of chemicals 5 27 required to be submitted to the department under section 311 5 28 of the Emergency Planning and Community Right=to=know Act, 42 5 29 U.S.C. {11021, shall be submitted to the department of natural 5 30 resources. Submission tothatthe department of natural 5 31 resources constitutes compliance with the requirement for 5 32 notification to the department. 5 33 2. Emergency and hazardous chemical inventory forms 5 34 required to be submitted to the department under section 312 5 35 of the Emergency Planning and Community Right=to=know Act, 42 6 1 U.S.C. {11022, shall be submitted to the department of natural 6 2 resources. Submission tothatthe department of natural 6 3 resources constitutes compliance with the requirement for 6 4 notification to the department. 6 5 Sec. 14. Section 30.4, subsection 1, Code 2018, is amended 6 6 to read as follows: 6 7 1. Emergency notifications of releases required to be 6 8 submitted to the department under section 304 of the Emergency 6 9 Planning and Community Right=to=know Act, 42 U.S.C. {11004, 6 10 shall be submitted to the department of natural resources. 6 11 Submission tothatthe department of natural resources 6 12 constitutes compliance with the requirement for notification 6 13 to the department. 6 14 Sec. 15. Section 34A.3, subsection 1, paragraph b, 6 15 subparagraph (2), Code 2018, is amended to read as follows: 6 16 (2) The program manager may order the inclusion of a 6 17 specific territory not serviced by surrounding 911 service 6 18 plan areas in an adjoining 911 service plan areato avoid the 6 19 creation by exclusion of a territory smaller than a single 6 20 county not serviced by surrounding 911 service plan areas6 21 upon request of the joint 911 service board representing the 6 22 territory to avoid the creation by exclusion of a territory 6 23 smaller than a single county. 6 24 Sec. 16. Section 34A.8, subsection 2, paragraph b, Code 6 25 2018, is amended to read as follows: 6 26 b. The director, program manager, joint 911 service board, 6 27 local emergency management commission established pursuant to 6 28 section 29C.9, the designated 911 service provider, and the 6 29 public safety answering point, and their agents, employees, and 6 30 assigns shall use local exchange service information provided 6 31 by the local exchange service provider solely for the purposes 6 32 of providing 911 emergency telephone service or providing 6 33 related mass notification and emergency messaging services as 6 34 described in section 29C.17A utilizing only the subscriber's 6 35 information, anditlocal exchange service information shall 7 1 otherwise be kept confidential. A person who violates this 7 2 section is guilty of a simple misdemeanor. 7 3 Sec. 17. Section 35C.5, Code 2018, is amended to read as 7 4 follows: 7 5 35C.5 Appeals. 7 6 1. In addition to the remedy provided in section 35C.4, 7 7 an appeal may be taken by any person belonging to any of the 7 8 classes of persons to whom a preference isherebygranted under 7 9 this chapter, from any refusal to allowsaidthe preference, as 7 10 provided in this chapter, to the district court of the county 7 11 in whichsuchthe refusal occurs. 7 12 2. The appeal shall be made by serving upon the appointing 7 13 board within twenty days after the date of the refusal of 7 14saidthe appointing officer, board, or persons to allowsaid 7 15the preference, a written notice ofsuchappeal stating the 7 16 grounds of the appeal;and a demand in writing for a certified 7 17 transcript of the record,and all papers on file in the office 7 18 affecting or relating tosaidthe appointment.ThereuponUpon 7 19 receipt of the notice and demand,saidthe appointing officer, 7 20 board, or person shall, within ten days, make, certify, and 7 21 deliver to the appellantsuch athe transcript; and the. The 7 22 appellant shall, within five days thereafter, file thesame 7 23transcript and a copy of the notice of appeal with the clerk of 7 24saidcourt, and said. 7 25 3. The notice of appeal shall stand as the appellant's 7 26 complaint andthereupon saidthe cause shall be accorded 7 27 such preference in its assignment for trial as to assure its 7 28 prompt disposition. The court shall receive and consider any 7 29 pertinent evidence, whether oral or documentary, concerning 7 30saidthe appointment from which the appeal is taken, and if. 7 31 If the courtshall findfinds that thesaidapplicant is 7 32 qualified as defined in section 35C.1, to hold the position 7 33 for which the applicant has applied,saidthe court shall, by 7 34 its mandate, specifically direct thesaidappointing officer, 7 35 board, or persons as to their further action in the matter. 8 1 4. An appeal may be taken from the judgment of thesaid8 2 district courton any such appealon the same terms as an 8 3 appeal is taken in civil actions.At their election parties 8 4Parties entitled to appeal under this section may elect, in 8 5 the alternative, to maintain an action for judicial review in 8 6 accordance with the terms of the Iowa administrative procedure 8 7 Act, chapter 17A, if that is otherwise applicable totheirthe 8 8 case. 8 9 Sec. 18. Section 37.6, Code 2018, is amended to read as 8 10 follows: 8 11 37.6 Bonds. 8 12 Bonds issued by a county for the purposes of this chapter 8 13 shall be issued under sections 331.441tothrough 331.449 8 14 relating to general county purpose bonds. Bonds issued by a 8 15 city shall be issuedin accordance with provisions of lawunder 8 16 sections 384.24 through 384.36 relating to general corporate 8 17 purpose bonds of a city. 8 18 Sec. 19. Section 43.5, Code 2018, is amended to read as 8 19 follows: 8 20 43.5 Applicable statutes. 8 21 The provisions of chapters 39, 39A, 47, 48A, 49, 50, 52, 8 22 53, 57, 58, 59, 61, 62, 68A, and 722 shall apply, so far as 8 23 applicable, to all primary elections, except ashereinafter 8 24otherwise provided in this chapter. 8 25 Sec. 20. Section 43.20, subsection 2, Code 2018, is amended 8 26 to read as follows: 8 27 2. In each of theabovecases described in subsection 1, the 8 28 vote to be taken for the purpose of computing the percentage 8 29 shall be the vote cast for president of the United States or 8 30 for governor, as the case may be. 8 31 Sec. 21. Section 43.78, subsection 5, paragraphs b and d, 8 32 Code 2018, are amended to read as follows: 8 33 b. In the office of theproperappropriate commissioner, at 8 34 least sixty=four days before the date of the election. 8 35 d. In the office of theproperappropriate commissioner or 9 1 the state commissioner, as applicable, in case of a special 9 2 election to fill vacancies, at least twenty=five days before 9 3 the day of election. 9 4 Sec. 22. Section 44.9, subsections 2, 5, and 6, Code 2018, 9 5 are amended to read as follows: 9 6 2. In the office of theproperappropriate commissioner, at 9 7 least sixty=four days before the date of the election, except 9 8 as otherwise provided in subsection 6. 9 9 5. In the office of theproperappropriate commissioner 9 10 or school board secretary in case of a special election to 9 11 fill vacancies, at least twenty=five days before the day of 9 12 election. 9 13 6. In the office of theproperappropriate commissioner, at 9 14 least forty=two days before the regularly scheduled or special 9 15 city election. However, for those cities that may be required 9 16 to hold a primary election, at least sixty=three days before a 9 17 regularly scheduled or special city election. 9 18 Sec. 23. Section 49.11, subsection 3, paragraph d, 9 19 unnumbered paragraph 1, Code 2018, is amended to read as 9 20 follows: 9 21The commissioner may also consolidateConsolidate precincts 9 22 for any election under any of the following circumstances: 9 23 Sec. 24. Section 59.6, Code 2018, is amended to read as 9 24 follows: 9 25 59.6 Power of general assembly. 9 26 Nothinghereincontained in this chapter shall be construed 9 27 to abridge the right of either branch of the general assembly 9 28 to grant commissions to take depositions, or to send for and 9 29 examine any witness it may desire to hear on such trial. 9 30 Sec. 25. Section 68A.101, Code 2018, is amended to read as 9 31 follows: 9 32 68A.101 Citation and administration. 9 33 This chapter may be cited as the "Campaign Disclosure 9 34= Income Tax CheckoffAct". The Iowa ethics and campaign 9 35 disclosure board shall administer this chapter as provided in 10 1 sections 68B.32, 68B.32A, 68B.32B, 68B.32C, and 68B.32D. 10 2 Sec. 26. Section 68A.102, subsection 21, Code 2018, is 10 3 amended by striking the subsection. 10 4 Sec. 27. Section 70A.26, Code 2018, is amended to read as 10 5 follows: 10 6 70A.26 Disaster service volunteer leave. 10 7 1. An employee of an appointing authority who is a certified 10 8 disaster service volunteer of the American red cross may be 10 9 granted leave with pay from work for not more than fifteen 10 10 working days in any twelve=month period to participate in 10 11 disaster relief services for the American red cross at the 10 12 request of the American red cross for the services of that 10 13 employee and upon the approval of the employee's appointing 10 14 authority without loss of seniority, pay, vacation time, 10 15 personal days, sick leave, insurance and health coverage 10 16 benefits, or earned overtime accumulation. The appointing 10 17 authority shall compensate an employee granted leave under this 10 18 section at the employee's regular rate of pay for those regular 10 19 work hours during which the employee is absent from work. 10 20 2. An employeedeemed to be ongranted leave under this 10 21 section shall not be deemed to be an employee of the state for 10 22 purposes of workers' compensation. An employeedeemed to be 10 23 ongranted leave under this section shall not be deemed to be 10 24 an employee of the state for purposes of the Iowa tort claims 10 25 Act, chapter 669. 10 26 3. Leave under this section shall be granted only for 10 27 services relating to a disaster in the state of Iowa. 10 28 Sec. 28. Section 73.2, subsection 1, paragraph a, Code 2018, 10 29 is amended to read as follows: 10 30 a. All requestshereaftermade for bids and proposals for 10 31 materials, products, supplies, provisions, and other needed 10 32 articles to be purchased at public expense, shall be made in 10 33 general terms and by general specifications and not by brand, 10 34 trade name, or other individual mark. 10 35 Sec. 29. Section 84A.5, subsection 4, Code 2018, is amended 11 1 to read as follows: 11 2 4. The division of labor services is responsible for the 11 3 administration of the laws of this state under chapters 88, 11 4 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 92, and 11 5 94A, andsectionsections 73A.21 and 85.68. The executive head 11 6 of the division is the labor commissioner, appointed pursuant 11 7 to section 91.2. 11 8 Sec. 30. Section 85.47, Code 2018, is amended to read as 11 9 follows: 11 10 85.47 Basis of commutation. 11 11 When the commutation is ordered, the workers' compensation 11 12 commissioner shall fix the lump sum to be paid at an amount 11 13 which will equal the total sum of the probable future payments 11 14 capitalized at their present value and upon the basis of 11 15 interest at the rate provided in section 535.3 for court 11 16 judgments and decrees. Upon the payment of such amount, the 11 17 employer shall be discharged from all further liability on 11 18 account of the injury or death, and be entitled to a duly 11 19 executed release, upon. Upon the filingwhichof the release, 11 20 the liability of the employer under any agreement, award, 11 21 finding, or judgment shall be discharged of record. 11 22 Sec. 31. Section 85.53, Code 2018, is amended to read as 11 23 follows: 11 24 85.53 Notice to consular officer. 11 25 If such consular officer, or the officer's duly appointed 11 26 representative, shall file with the workers' compensation 11 27 commissioner evidence of the officer's or representative's 11 28 authority, the workers' compensation commissioner shall notify 11 29 such consular officer or representative of the death of all 11 30 employees leaving an alien dependent,or dependents,residing 11 31 in the country of said consular officerso far as samethat 11 32 shall come to the commissioner's knowledge. 11 33 Sec. 32. Section 86.9, Code 2018, is amended to read as 11 34 follows: 11 35 86.9 Reports. 12 1 1. The director of the department of workforce development, 12 2 in consultation with the commissioner, shall, at the time 12 3 provided by law, make an annual report to the governor setting 12 4 forth in appropriate form the business and expense of the 12 5 division of workers' compensation for the preceding year, the 12 6 number of claims processed by the division and the disposition 12 7 of the claims, and other matters pertaining to the division 12 8 which are of public interest, together with recommendations for 12 9 change or amendment of the laws in this chapter and chapters 12 10 85, 85A, 85B, and 87, and the recommendations, if any, shall be 12 11 transmitted by the governor to the first general assembly in 12 12 session after the report is filed. 12 13 2. The commissioner, after consultation with the director 12 14 of the department of workforce development, may compile an 12 15 annual report setting forth the final decisions, rulings, and 12 16 orders of the division for the preceding year and setting forth 12 17 other matters or information which the commissioner considers 12 18 desirable for publication. 12 19 3. These annual reports may be distributed by the state 12 20 on request to public officials as set forth in chapter 7A. 12 21 Members of the public may obtainthean annual report upon 12 22 payment of its cost as set by the commissioner. 12 23 Sec. 33. Section 88.1, subsection 3, Code 2018, is amended 12 24 to read as follows: 12 25 3. Authorizing the labor commissioner to set mandatory 12 26 occupational safety and health standards applicable to 12 27 businesses, and bycreating anproviding for an adjudicatory 12 28 process through the employment appeal board within the 12 29 department of inspections and appeals for carrying out 12 30 adjudicatory functions under the chapter. 12 31 Sec. 34. Section 92.2, subsection 1, unnumbered paragraph 12 32 1, Code 2018, is amended to read as follows: 12 33 A person over ten and under sixteen years of age cannot be 12 34 employed, with or without compensation, in street occupations 12 35 or migratory labor asdefinedprovided in section 92.1, unless 13 1 the person holds a work permit issued pursuant to this chapter. 13 2 Sec. 35. Section 96.3, subsection 1, Code 2018, is amended 13 3 to read as follows: 13 4 1. Payment. Twenty=four months after the date when 13 5 contributions first accrue under this chapter, benefits shall 13 6 become payable from the fund; provided, that wages earned for 13 7 services defined in section 96.19, subsection 18, paragraph 13 8 "g", subparagraph (3), irrespective of when performed, shall 13 9 not be included for purposes of determining eligibility, under 13 10 section 96.4 or full=time weekly wages, under subsection 4 of 13 11 this section, for the purposes of any benefit yearcommencing 13 12 on or after July 1, 1939, nor shall any benefits with respect 13 13 to unemploymentoccurring on and after July 1, 1939,be payable 13 14 under subsection 5 of this section on the basis of such wages. 13 15 All benefits shall be paid through employment offices in 13 16 accordance with such regulations as the department of workforce 13 17 development may prescribe. 13 18 Sec. 36. Section 99F.4, subsection 22, Code 2018, is amended 13 19 to read as follows: 13 20 22. To require licensees to establish a process to allow 13 21 a person to be voluntarily excluded from the gaming floor of 13 22 an excursion gambling boat,andfrom the wagering area, as 13 23 defined in section 99D.2, and from the gaming floor of all 13 24 other licensed facilities under this chapter and chapter 99D 13 25 as provided in this subsection. The process shall provide 13 26 that an initial request by a person to be voluntarily excluded 13 27 shall be for a period of five years or life and any subsequent 13 28 request following any five=year period shall be for a period 13 29 of five years or life. The process established shall require 13 30 that a person requesting to be voluntarily excluded be provided 13 31 information compiled by the Iowa department of public health 13 32 on gambling treatment options and shall also require that a 13 33 licensee disseminate information regarding persons voluntarily 13 34 excluded to all licensees under this chapter and chapter 99D. 13 35 The state and any licensee under this chapter or chapter 99D 14 1 shall not be liable to any person for any claim which may arise 14 2 from this process. In addition to any other penalty provided 14 3 by law, any money or thing of value that has been obtained by, 14 4 or is owed to, a voluntarily excluded person by a licensee as a 14 5 result of wagers made by the person after the person has been 14 6 voluntarily excluded shall not be paid to the person but shall 14 7 be credited to the general fund of the state. 14 8 Sec. 37. Section 105.22, subsection 4, Code 2018, is amended 14 9 to read as follows: 14 10 4. Conviction of a felony related to the profession or 14 11 occupation of the licensee or the conviction of any felony that 14 12 would affect the licensee's ability to practice within the 14 13 profession. A copy of the recordorof conviction or plea of 14 14 guilty shall be conclusive evidence of such conviction. 14 15 Sec. 38. Section 123.22, subsection 2, Code 2018, is amended 14 16 to read as follows: 14 17 2. a.NoA person, acting individually or through another 14 18 acting for the person, shall not directly or indirectly, or 14 19 upon any pretense,or by any device,manufacturedo any of the 14 20 following: 14 21 (1) Manufacture, sell, exchange, barter, dispense, give 14 22 in consideration of the purchase of any property or of any 14 23 services or in evasion of this chapter, or keep for sale, or 14 24 have possession of any intoxicating liquor, except as provided 14 25 in this chapter; or own. 14 26 (2) Own, keep, or be in any way concerned, engaged, or 14 27 employed in owning or keeping, any intoxicating liquor with 14 28 intent to violate any provision of this chapter, or authorize 14 29 or permit the same to be done; or manufacture. 14 30 (3) Manufacture, own, sell, or have possession of any 14 31 manufactured or compounded article, mixture or substance, 14 32 not in a liquid form, and containing alcohol which may be 14 33 converted into a beverage by a process of pressing or straining 14 34 the alcohol therefrom, or any instrument intended for use 14 35 and capable of being used in the manufacture of intoxicating 15 1 liquor; or own. 15 2 (4) Own or have possession of any material used exclusively 15 3 in the manufacture of intoxicating liquor; or use. 15 4 (5) Use or have possession of any material with intent to 15 5 use it in the manufacture of intoxicating liquors; however. 15 6 b. However, alcohol may be manufactured for industrial and 15 7 nonbeverage purposes by persons who have qualified for that 15 8 purpose as provided by the laws of the United States and the 15 9 laws of this state. Such alcohol, so manufactured, may be 15 10 denatured, transported, used, possessed, sold, and bartered 15 11 and dispensed, subject to the limitations, prohibitions and 15 12 restrictions imposed by the laws of the United States and this 15 13 state. 15 14 c. Any person may manufacture, sell, or transport 15 15 ingredients and devices other than alcohol for the making of 15 16 homemade wine or beer. 15 17 Sec. 39. Section 124.401, subsection 5, Code 2018, is 15 18 amended by adding the following new unnumbered paragraph after 15 19 unnumbered paragraph 2: 15 20 NEW UNNUMBERED PARAGRAPH A person may knowingly or 15 21 intentionally recommend, possess, use, dispense, deliver, 15 22 transport, or administer cannabidiol if the recommendation, 15 23 possession, use, dispensing, delivery, transporting, or 15 24 administering is in accordance with the provisions of chapter 15 25 124E. For purposes of this paragraph, "cannabidiol" means the 15 26 same as defined in section 124E.2. 15 27 Sec. 40. Section 125.34, subsections 3 and 6, Code 2018, are 15 28 amended to read as follows: 15 29 3. A person who arrives at a facility and voluntarily 15 30 submits to examination shall be examined by a licensed 15 31 physician and surgeon or osteopathic physician and surgeon or 15 32 mental health professional as soon as possible after the person 15 33 arrives at the facility. The person may then be admitted as a 15 34 patient or referred to another health facility. The referring 15 35 facility shall arrange for transportation. 16 1 6. If the physician and surgeon or osteopathic physician 16 2 and surgeon in charge of the facility determines it is for the 16 3 patient's benefit, the patient shall be encouraged to agree to 16 4 further diagnosis and appropriate voluntary treatment. 16 5 Sec. 41. Section 125.75, subsection 2, paragraph c, 16 6 subparagraph (1), Code 2018, is amended to read as follows: 16 7 (1) A written statement of a licensed physician and 16 8 surgeon or osteopathic physician and surgeon or mental health 16 9 professional in support of the application. 16 10 Sec. 42. Section 125.78, subsection 3, paragraph b, Code 16 11 2018, is amended to read as follows: 16 12 b. Requiring an examination of the respondent, prior to 16 13 the hearing, by one or more licensedphysiciansphysician 16 14 and surgeons or osteopathic physician and surgeons or mental 16 15 health professionals who shall submit a written report of the 16 16 examination to the court as required by section 125.80. 16 17 Sec. 43. Section 125.80, Code 2018, is amended to read as 16 18 follows: 16 19 125.80 Physician's or mental health professional's 16 20 examination == report == scheduling of hearing. 16 21 1. a. An examination of the respondent shall be conducted 16 22 within a reasonable time and prior to the commitment hearing 16 23 by one or more licensedphysiciansphysician and surgeons 16 24 or osteopathic physician and surgeons or mental health 16 25 professionals as required by the court's order. If the 16 26 respondent is taken into custody under section 125.81, the 16 27 examination shall be conducted within twenty=four hours after 16 28 the respondent is taken into custody. If the respondent 16 29 desires, the respondent may have a separate examination by a 16 30 licensed physician and surgeon or osteopathic physician and 16 31 surgeon or mental health professional of the respondent's own 16 32 choice. The court shall notify the respondent of the right 16 33 to choose a licensed physician and surgeon or osteopathic 16 34 physician and surgeon or mental health professional for a 16 35 separate examination. The reasonable cost of the examinations 17 1 shall be paid from county funds upon order of the court if the 17 2 respondent lacks sufficient funds to pay the cost. 17 3 b. A licensed physician and surgeon or osteopathic 17 4 physician and surgeon or mental health professional conducting 17 5 an examination pursuant to this section may consult with or 17 6 request the participation in the examination of facility 17 7 personnel, and may include with or attach to the written report 17 8 of the examination any findings or observations by facility 17 9 personnel who have been consulted or have participated in the 17 10 examination. 17 11 c. If the respondent is not taken into custody under 17 12 section 125.81, but the court is subsequently informed that the 17 13 respondent has declined to be examined by a licensed physician 17 14 and surgeon or osteopathic physician and surgeon or mental 17 15 health professional pursuant to the court order, the court 17 16 may order limited detention of the respondent as necessary to 17 17 facilitate the examination of the respondent by the licensed 17 18 physician and surgeon or osteopathic physician and surgeon or 17 19 mental health professional. 17 20 2. A written report of the examination by a court=designated 17 21 licensed physician and surgeon or osteopathic physician and 17 22 surgeon or mental health professional shall be filed with 17 23 the clerk prior to the hearing date. A written report of an 17 24 examination by a licensed physician and surgeon or osteopathic 17 25 physician and surgeon or mental health professional chosen 17 26 by the respondent may be similarly filed. The clerk shall 17 27 immediately: 17 28 a. Cause a report to be shown to the judge who issued the 17 29 order. 17 30 b. Cause the respondent's attorney to receive a copy 17 31 of the report of a court=designated licensed physician and 17 32 surgeon or osteopathic physician and surgeon or mental health 17 33 professional. 17 34 3. If the report of a court=designated licensed physician 17 35 and surgeon or osteopathic physician and surgeon or mental 18 1 health professional is to the effect that the respondent is not 18 2 a person with a substance=related disorder, the court, without 18 3 taking further action, may terminate the proceeding and dismiss 18 4 the application on its own motion and without notice. 18 5 4. If the report of a court=designated licensed physician 18 6 and surgeon or osteopathic physician and surgeon or mental 18 7 health professional is to the effect that the respondent is 18 8 a person with a substance=related disorder, the court shall 18 9 schedule a commitment hearing as soon as possible. The hearing 18 10 shall be held not more than forty=eight hours after the report 18 11 is filed, excluding Saturdays, Sundays, and holidays, unless 18 12 an extension for good cause is requested by the respondent, 18 13 or as soon thereafter as possible if the court considers that 18 14 sufficient grounds exist for delaying the hearing. 18 15 Sec. 44. Section 125.82, subsection 3, Code 2018, is amended 18 16 to read as follows: 18 17 3. The person who filed the application and a licensed 18 18 physician and surgeon or osteopathic physician and surgeon, 18 19 mental health professional, or certified alcohol and drug 18 20 counselor certified by the nongovernmental Iowa board of 18 21 substance abuse certification who has examined the respondent 18 22 in connection with the commitment hearing shall be present 18 23 at the hearing, unless the court for good cause finds that 18 24 their presence or testimony is not necessary. The applicant, 18 25 respondent, and the respondent's attorney may waive the 18 26 presence or telephonic appearance of the licensed physician 18 27 and surgeon or osteopathic physician and surgeon, mental 18 28 health professional, or certified alcohol and drug counselor 18 29 who examined the respondent and agree to submit as evidence 18 30 the written report of the licensed physician and surgeon or 18 31 osteopathic physician and surgeon, mental health professional, 18 32 or certified alcohol and drug counselor. The respondent's 18 33 attorney shall inform the court if the respondent's attorney 18 34 reasonably believes that the respondent, due to diminished 18 35 capacity, cannot make an adequately considered waiver decision. 19 1 "Good cause" for finding that the testimony of the licensed 19 2 physician and surgeon or osteopathic physician and surgeon, 19 3 mental health professional, or certified alcohol and drug 19 4 counselor who examined the respondent is not necessary may 19 5 include, but is not limited to, such a waiver. If the court 19 6 determines that the testimony of the licensed physician and 19 7 surgeon or osteopathic physician and surgeon, mental health 19 8 professional, or certified alcohol and drug counselor is 19 9 necessary, the court may allow the licensed physician and 19 10 surgeon or osteopathic physician and surgeon, mental health 19 11 professional, or certified alcohol and drug counselor to 19 12 testify by telephone. The respondent shall be present at the 19 13 hearing unless prior to the hearing the respondent's attorney 19 14 stipulates in writing that the attorney has conversed with the 19 15 respondent, and that in the attorney's judgment the respondent 19 16 cannot make a meaningful contribution to the hearing, or that 19 17 the respondent has waived the right to be present, and the 19 18 basis for the attorney's conclusions. A stipulation to the 19 19 respondent's absence shall be reviewed by the court before the 19 20 hearing, and may be rejected if it appears that insufficient 19 21 grounds are stated or that the respondent's interests would not 19 22 be served by the respondent's absence. 19 23 Sec. 45. Section 125.91, subsections 2 and 3, Code 2018, are 19 24 amended to read as follows: 19 25 2. a. A peace officer who has reasonable grounds to 19 26 believe that the circumstances described in subsection 1 are 19 27 applicable may, without a warrant, take or cause that person 19 28 to be taken to the nearest available facility referred to in 19 29 section 125.81, subsection 2, paragraph "b" or "c". Such a 19 30 person with a substance=related disorder due to intoxication 19 31 or substance=induced incapacitation who also demonstrates 19 32 a significant degree of distress or dysfunction may also 19 33 be delivered to a facility by someone other than a peace 19 34 officer upon a showing of reasonable grounds. Upon delivery 19 35 of the person to a facility under this section, the attending 20 1 physician and surgeon or osteopathic physician and surgeon 20 2 may order treatment of the person, but only to the extent 20 3 necessary to preserve the person's life or to appropriately 20 4 control the person's behavior if the behavior is likely to 20 5 result in physical injury to the person or others if allowed to 20 6 continue. The peace officer or other person who delivered the 20 7 person to the facility shall describe the circumstances of the 20 8 matter to the attending physician and surgeon or osteopathic 20 9 physician and surgeon. If the person is a peace officer, 20 10 the peace officer may do so either in person or by written 20 11 report. If the attending physician and surgeon or osteopathic 20 12 physician and surgeon has reasonable grounds to believe that 20 13 the circumstances in subsection 1 are applicable, the attending 20 14 physician shall at once communicate with the nearest available 20 15 magistrate as defined in section 801.4, subsection 10. The 20 16 magistrate shall, based upon the circumstances described by 20 17 the attending physician and surgeon or osteopathic physician 20 18 and surgeon, give the attending physician and surgeon or 20 19 osteopathic physician and surgeon oral instructions either 20 20 directing that the person be released forthwith, or authorizing 20 21 the person's detention in an appropriate facility. The 20 22 magistrate may also give oral instructions and order that the 20 23 detained person be transported to an appropriate facility. 20 24 b. If the magistrate orders that the person be detained, the 20 25 magistrate shall, by the close of business on the next working 20 26 day, file a written order with the clerk in the county where it 20 27 is anticipated that an application may be filed under section 20 28 125.75. The order may be filed by facsimile if necessary. The 20 29 order shall state the circumstances under which the person 20 30 was taken into custody or otherwise brought to a facility 20 31 and the grounds supporting the finding of probable cause to 20 32 believe that the person is a person with a substance=related 20 33 disorder likely to result in physical injury to the person 20 34 or others if not detained. The order shall confirm the oral 20 35 order authorizing the person's detention including any order 21 1 given to transport the person to an appropriate facility. The 21 2 clerk shall provide a copy of that order to the attending 21 3 physician and surgeon or osteopathic physician and surgeon at 21 4 the facility to which the person was originally taken, any 21 5 subsequent facility to which the person was transported, and 21 6 to any law enforcement department or ambulance service that 21 7 transported the person pursuant to the magistrate's order. 21 8 3. The attending physician and surgeon or osteopathic 21 9 physician and surgeon shall examine and may detain the person 21 10 pursuant to the magistrate's order for a period not to exceed 21 11 forty=eight hours from the time the order is dated, excluding 21 12 Saturdays, Sundays, and holidays, unless the order is dismissed 21 13 by a magistrate. The facility may provide treatment which is 21 14 necessary to preserve the person's life or to appropriately 21 15 control the person's behavior if the behavior is likely to 21 16 result in physical injury to the person or others if allowed 21 17 to continue or is otherwise deemed medically necessary by 21 18 the attending physician and surgeon or osteopathic physician 21 19 and surgeon or mental health professional, but shall not 21 20 otherwise provide treatment to the person without the person's 21 21 consent. The person shall be discharged from the facility and 21 22 released from detention no later than the expiration of the 21 23 forty=eight=hour period, unless an application for involuntary 21 24 commitment is filed with the clerk pursuant to section 125.75. 21 25 The detention of a person by the procedure in this section, and 21 26 not in excess of the period of time prescribed by this section, 21 27 shall not render the peace officer, attending physician and 21 28 surgeon or osteopathic physician and surgeon, or facility 21 29 detaining the person liable in a criminal or civil action 21 30 for false arrest or false imprisonment if the peace officer, 21 31 attending physician and surgeon or osteopathic physician 21 32 and surgeon, mental health professional, or facility had 21 33 reasonable grounds to believe that the circumstances described 21 34 in subsection 1 were applicable. 21 35 Sec. 46. Section 125.92, subsection 4, Code 2018, is amended 22 1 to read as follows: 22 2 4. Enjoy all legal, medical, religious, social, political, 22 3 personal, and working rights and privileges, which the person 22 4 would enjoy if not detained, taken into immediate custody, 22 5 or committed, consistent with the effective treatment of the 22 6 person and of the other persons in the facility. If the 22 7 person's rights are restricted, thephysician'sphysician and 22 8 surgeon's or osteopathic physician and surgeon's or mental 22 9 health professional's direction to that effect shall be noted 22 10 in the person's record. The person or the person's next of 22 11 kin or guardian shall be advised of the person's rights and 22 12 be provided a written copy upon the person's admission to or 22 13 arrival at the facility. 22 14 Sec. 47. Section 135B.20, unnumbered paragraph 1, Code 22 15 2018, is amended to read as follows: 22 16Definitions asAs used in this subchapter, unless the 22 17 context otherwise requires: 22 18 Sec. 48. Section 135B.32, Code 2018, is amended to read as 22 19 follows: 22 20 135B.32 Construction. 22 21 Nothinghereinin this subchapter shall deprive any hospital 22 22 of its tax exempt or nonprofit status. 22 23 Sec. 49. Section 135H.6, Code 2018, is amended to read as 22 24 follows: 22 25 135H.6 Inspection == conditions for issuance. 22 26 1. The department shall issue a license to an applicant 22 27 under this chapter if all the following conditions exist: 22 281.a. The department has ascertained that the applicant's 22 29 medical facilities and staff are adequate to provide the care 22 30 and services required of a psychiatric institution. 22 312.b. The proposed psychiatric institution is accredited 22 32 by the joint commission on the accreditation of health 22 33 care organizations, the commission on accreditation of 22 34 rehabilitation facilities, the council on accreditation of 22 35 services for families and children, or by any other recognized 23 1 accrediting organization with comparable standards acceptable 23 2 under federal regulation. 23 33.c. The applicant complies with applicable state rules 23 4 and standards for a psychiatric institution adopted by the 23 5 department in accordance with federal requirements under 42 23 6 C.F.R. {441.150 = 441.156. 23 74.d. The applicant has been awarded a certificate of need 23 8 pursuant to chapter 135, unless exempt as provided in this 23 9 section. 23 105.e. The department of human services has submitted 23 11 written approval of the application based on the department of 23 12 human services' determination of need. The department of human 23 13 services shall identify the location and number of children in 23 14 the state who require the services of a psychiatric medical 23 15 institution for children. Approval of an application shall be 23 16 based upon the location of the proposed psychiatric institution 23 17 relative to the need for services identified by the department 23 18 of human services and an analysis of the applicant's ability to 23 19 provide services and support consistent with requirements under 23 20 chapter 232, particularly regarding community=based treatment. 23 21 If the proposed psychiatric institution is not freestanding 23 22 from a facility licensed under chapter 135B or 135C, approval 23 23 under thissubsectionparagraph shall not be given unless 23 24 the department of human services certifies that the proposed 23 25 psychiatric institution is capable of providing a resident with 23 26 a living environment similar to the living environment provided 23 27 by a licensee which is freestanding from a facility licensed 23 28 under chapter 135B or 135C. 23 296. The department of human services shall not give approval 23 30 to an application which would cause the total number of beds 23 31 licensed under this chapter for services reimbursed by the 23 32 medical assistance program under chapter 249A to exceed four 23 33 hundred thirty beds.23 347. In addition to the beds authorized under subsection 6, 23 35 the department of human services may establish not more than 24 1 thirty beds licensed under this chapter at the state mental 24 2 health institute at Independence. The beds shall be exempt 24 3 from the certificate of need requirement under subsection 4.24 48. The department of human services may give approval to 24 5 conversion of beds approved under subsection 6, to beds which 24 6 are specialized to provide substance abuse treatment. However, 24 7 the total number of beds approved under subsection 6 and this 24 8 subsection shall not exceed four hundred thirty. Conversion 24 9 of beds under this subsection shall not require a revision of 24 10 the certificate of need issued for the psychiatric institution 24 11 making the conversion. Beds for children who do not reside 24 12 in this state and whose service costs are not paid by public 24 13 funds in this state are not subject to the limitations on the 24 14 number of beds and certificate of need requirements otherwise 24 15 applicable under this section.24 169.f. The proposed psychiatric institution is under 24 17 the direction of an agency which has operated a facility 24 18 licensed under section 237.3, subsection 2, paragraph "a", as 24 19 a comprehensive residential facility for children for three 24 20 years or of an agency which has operated a facility for three 24 21 years providing psychiatric services exclusively to children or 24 22 adolescents and the facility meets or exceeds requirements for 24 23 licensure under section 237.3, subsection 2, paragraph "a", as a 24 24 comprehensive residential facility for children. 24 25 g. If a child has an emotional, behavioral, or mental health 24 26 disorder, the psychiatric institution does not require court 24 27 proceedings to be initiated or that a child's parent, guardian, 24 28 or custodian must terminate parental rights over or transfer 24 29 legal custody of the child for the purpose of obtaining 24 30 treatment from the psychiatric institution for the child. 24 31 Relinquishment of a child's custody shall not be a condition of 24 32 the child receiving services. 24 33 2. The department of human services shall not give approval 24 34 to an application which would cause the total number of beds 24 35 licensed under this chapter for services reimbursed by the 25 1 medical assistance program under chapter 249A to exceed four 25 2 hundred thirty beds. 25 3 3. In addition to the beds authorized under subsection 2, 25 4 the department of human services may establish not more than 25 5 thirty beds licensed under this chapter at the state mental 25 6 health institute at Independence. The beds shall be exempt 25 7 from the certificate of need requirement under subsection 1, 25 8 paragraph "d". 25 9 4. The department of human services may give approval to 25 10 conversion of beds approved under subsection 2, to beds which 25 11 are specialized to provide substance abuse treatment. However, 25 12 the total number of beds approved under subsection 2 and this 25 13 subsection shall not exceed four hundred thirty. Conversion 25 14 of beds under this subsection shall not require a revision of 25 15 the certificate of need issued for the psychiatric institution 25 16 making the conversion. Beds for children who do not reside 25 17 in this state and whose service costs are not paid by public 25 18 funds in this state are not subject to the limitations on the 25 19 number of beds and certificate of need requirements otherwise 25 20 applicable under this section. 25 2110.5. A psychiatric institution licensed prior to July 1, 25 22 1999, may exceed the number of beds authorized under subsection 25 2362 if the excess beds are used to provide services funded 25 24 from a source other than the medical assistance program under 25 25 chapter 249A. Notwithstandingsubsections 4, 5subsection 1, 25 26 paragraphs "d" and "e", and6subsection 2, the provision of 25 27 services using those excess beds does not require a certificate 25 28 of need or a review by the department of human services. 25 2911. If a child has an emotional, behavioral, or mental 25 30 health disorder, the psychiatric institution does not require 25 31 court proceedings to be initiated or that a child's parent, 25 32 guardian, or custodian must terminate parental rights over 25 33 or transfer legal custody of the child for the purpose of 25 34 obtaining treatment from the psychiatric institution for the 25 35 child. Relinquishment of a child's custody shall not be a 26 1 condition of the child receiving services.26 2 Sec. 50. Section 136.2, Code 2018, is amended to read as 26 3 follows: 26 4 136.2 Appointment. 26 5 1. All members of the state board of health shall be 26 6 appointed by the governor to three=year staggered terms which 26 7 shall expire on June 30. 26 8 2.TheEach year, the governor shall appointannually26 9 successors to thethreeboard members whose terms expire that 26 10 year. A vacancy occurring on the board shall be filled by the 26 11 governor for the unexpired term of the vacancy. 26 12 Sec. 51. Section 136A.5B, subsection 2, Code 2018, is 26 13 amended to read as follows: 26 14 2. An attending health care provider shall provide to a 26 15 pregnant woman during the first trimester of the pregnancy 26 16 the informational materials published under thissubsection 26 17section. The center for congenital and inherited disorders 26 18 shall make the informational materials available to attending 26 19 health care providers upon request. 26 20 Sec. 52. Section 151.9, unnumbered paragraph 1, Code 2018, 26 21 is amended to read as follows: 26 22 Aentrylicense or certificate to practice as a chiropractor 26 23 may be revoked or suspended when the licensee or certificate 26 24 holder is guilty of the following acts or offenses: 26 25 Sec. 53. Section 152.11, Code 2018, is amended to read as 26 26 follows: 26 27 152.11 Investigators for nurses. 26 28 The board of nursing may appoint investigators, who shall 26 29 not be members of the board, to administer and aid in the 26 30 enforcement of the provisions of law related to those licensed 26 31 to practice nursing. The amount of compensation for the 26 32 investigators shall be determined pursuant to chapter 8A, 26 33 subchapter IV. Investigators authorized by the board of 26 34 nursing have the powers and status of peace officers when 26 35 enforcing this chapter and chapters 147, 152E, and 272C. 27 1 Sec. 54. Section 154B.1, subsection 2, Code 2018, is amended 27 2 to read as follows: 27 3 2. "Collaborative practice agreement" means a written 27 4 agreement between a prescribing psychologist and a licensed 27 5 physician that establishes clinical protocols, practice 27 6 guidelines, and care plans relevant to the scope of the 27 7 collaborative practice. The practice guidelines may include 27 8 limitations on the prescribing of psychotropic medications 27 9 by psychologists and protocols for prescribing to special 27 10 populations, including patients who are less than seventeen 27 11 years of age or over sixty=five years of age, patients who 27 12 are pregnant,andpatients with serious medical conditions 27 13 including but not limited to heart disease, cancer, stroke, 27 14 or seizures, and patients with developmental disabilities and 27 15 intellectual disabilities. 27 16 Sec. 55. Section 155A.6A, subsection 2, Code 2018, is 27 17 amended to read as follows: 27 18 2. A person who is or desires to be a pharmacy technician 27 19 in this state shall apply to the board for registration. The 27 20 application shall be submitted on a form prescribed by the 27 21 board. A pharmacy technician must be registered pursuant to 27 22 rules adopted by the board. Except as provided in subsection 27 23 3,beginning July 1, 2010,all applicants for a new pharmacy 27 24 technician registration or for a pharmacy technician renewal 27 25 shall provide proof of current certification by a national 27 26 technician certification authority approved by the board. 27 27 Notwithstanding section 272C.2, subsection 1, a pharmacy 27 28 technician registration shall not require continuing education 27 29 for renewal. 27 30 Sec. 56. Section 155A.6A, Code 2018, is amended by adding 27 31 the following new subsection: 27 32 NEW SUBSECTION. 3. A person who is in the process of 27 33 acquiring national certification as a pharmacy technician 27 34 and who is in training to become a pharmacy technician 27 35 shall register with the board as a pharmacy technician. The 28 1 registration shall be issued for a period not to exceed one 28 2 year and shall not be renewable. 28 3 Sec. 57. Section 155A.13C, subsection 5, paragraph d, Code 28 4 2018, is amended to read as follows: 28 5 d. Any violation of this chapter or chapter 124,124A,124B, 28 6 126, or 205, or rule of the board. 28 7 Sec. 58. Section 161A.38, Code 2018, is amended to read as 28 8 follows: 28 9 161A.38 New classification. 28 10 1. After a subdistrict has been established and the 28 11 improvements thereof constructed and put in operation, if the 28 12 governing body shall find that the original assessments are 28 13 not equitable as a basis for the expenses of any enlargement 28 14 or extension thereof which may have become necessary,theythe 28 15 governing body shall order a new classification of all lands in 28 16 said subdistrict by resolution, and appoint three appraisers, 28 17 which shall meet the same requirements as set forth in section 28 18 161A.23. 28 19 2. Upon the completion of the reclassification, those 28 20 affected by such reclassification shall have the right to 28 21 appeal ashereinaboveset forth in this subchapter. 28 22 Sec. 59. Section 161A.42, subsection 2, Code 2018, is 28 23 amended to read as follows: 28 24 2. "Conservation agreement" means a commitment by the 28 25 owner or operator of a farm unit to implement a farm unit soil 28 26 conservation plan or, with the approval of the commissioners of 28 27 the soil and water conservation district within which the farm 28 28 unit is located, a portion of a farm unit soil conservation 28 29 plan. The commitment shall be conditioned on the furnishing 28 30 by the soil and water conservation district of technical or 28 31 planning assistance in the establishment of,andcost sharing 28 32cost=sharing or other financial assistance for establishment 28 33 and maintenance of the soil and water conservation practices 28 34 necessary to implement the plan,or a portion of the plan. 28 35 Sec. 60. Section 161A.43, Code 2018, is amended to read as 29 1 follows: 29 2 161A.43 Duty of property owners == liability. 29 3 1. To conserve the fertility, general usefulness, and 29 4 value of the soil and soil resources of this state, and to 29 5 prevent the injurious effects of soil erosion, it is hereby 29 6 made the duty of the owners of real property in this state to 29 7 establish and maintain soil and water conservation practices or 29 8 erosion control practices, as required by the regulations of 29 9 the commissioners of the respective soil and water conservation 29 10 districts. As used in this section, "owners of real property 29 11 in this state" includes each state government agency, each 29 12 political subdivision of the state, and each agency of such 29 13 a political subdivision which has under its control publicly 29 14 owned land, including but not limited to agricultural land, 29 15 forests, parks, the grounds of state educational, penal and 29 16 human service institutions, public highways, roads and streets, 29 17 and other public rights=of=way. 29 18 2. A landowner shall not be liable for a claim based upon or 29 19 arising out of a claim of negligent design or specification, 29 20 negligent adoption of design or specification, or negligent 29 21 installation, construction, or reconstruction of a soil and 29 22 water conservation practice or an erosion control practice that 29 23 was installed, constructed, or reconstructed in accordance 29 24 with generally recognized engineering or safety standards, 29 25 criteria, or design theory in existence at the time of the 29 26 installation, construction, or reconstruction. A soil and 29 27 water conservation practice or an erosion control practice 29 28 installed, constructed, or reconstructed in compliance with 29 29 rules adopted by the division and currently in effect shall be 29 30 deemed to be installed, constructed, or reconstructed according 29 31 to generally recognized engineering or safety standards, 29 32 criteria, or design theory in existence at the time of the 29 33 installation, construction, or reconstruction. A claim shall 29 34 not be allowed for failure to upgrade, improve, or alter any 29 35 aspect of an existing soil and water conservation practice or 30 1 erosion control practice to a new, changed, or altered design 30 2 standard. Thisparagraphsubsection does not apply to a claim 30 3 based on a failure of a landowner to upgrade, improve, or alter 30 4 a soil and water conservation practice or erosion control 30 5 practice in violation of law. Thisparagraphsubsection does 30 6 not apply to claims based upon gross negligence. 30 7 Sec. 61. Section 166A.2, subsection 2, Code 2018, is amended 30 8 to read as follows: 30 9 2. For good and sufficient grounds the department may refuse 30 10 to grant a license to any applicant, and it. The department 30 11 may also revoke a license obtained by a dealer for a violation 30 12 of any provision of this chapter,or for the refusal or failure 30 13 of a dealer to obey the lawful directions of the department. 30 14 Sec. 62. Section 166D.7, subsection 1, paragraph b, Code 30 15 2018, is amended to read as follows: 30 16 b. Before being added to the herd, new swine, including 30 17 swine returning to the herd after contact with nonherd swine, 30 18 shall be isolated until the new swine react negatively to a 30 19 test conducted thirty days or more after the swine has been 30 20 placed in isolation. Swine from a herd of unknown status must 30 21 react negatively to a test not more than thirty days prior 30 22 to movement from the herd of unknown status and retested in 30 23 isolation at least thirty days after movement onto the premises 30 24 where the qualified negative herd is located. 30 25 Sec. 63. Section 194.2, Code 2018, is amended to read as 30 26 follows: 30 27 194.2 Enforcement == rules. 30 28 1. The secretary of agriculture shall enforce the 30 29 provisionshereofof this chapter, and to this end may adopt 30 30 such rules and regulations pursuant to chapter 17A as may 30 31 appear necessary, but not inconsistentherewithwith this 30 32 chapter. 30 33 2. The secretary may adopt by rule requirements recommended 30 34 by the United States Department of Agriculture for the 30 35 production and processing of milk for manufacturing purposes, 31 1 including,but not limited to,requirements for the inspection 31 2 and certification of grade "B" dairy farms and grade "B" dairy 31 3 plants. 31 4 Sec. 64. Section 194.4, subsection 2, Code 2018, is amended 31 5 to read as follows: 31 6 2. Any raw milkthatwhich shows an abnormal condition 31 7 including,but not limited to,curdled, ropy, clotted, 31 8 and bloody, or that; which contains extraneous matteror; 31 9 which shows significant bacterial deterioration, or; which 31 10 contains matter evidencing production from a mastitic cow; or 31 11 which contains chemicals, medicines, or radioactive agents 31 12 deleterious to health is unlawful milk and shall be rejected 31 13 to the producer, seller, or shipper and shall not be used in 31 14 the processing or manufacturing of dairy products for human 31 15 consumption. 31 16 Sec. 65. Section 208.7, Code 2018, is amended to read as 31 17 follows: 31 18 208.7 Mining license == fees and expiration. 31 19 An operator shall not engage in mining as defined by section 31 20 208.2 without first obtaining a license from the division. 31 21 A license shall be issued and renewed upon approval by the 31 22 division following the submission of a completed application 31 23 by the operator. An application shall be submitted on a form 31 24 provided by the division and shall be accompanied by a license 31 25 fee of fifty dollars. Each applicant shall be required to 31 26 furnish on the form information necessary to identify the 31 27 applicant. The initial license shall expire on December 31 31 28 of the year of issue. An initial license shall be renewed by 31 29 the division as required by the division. The renewed license 31 30 shall expire the last day of the second December following 31 31 the date of issue. The division shall renew a license upon 31 32 approving an application submitted within thirty days prior to 31 33 the expiration date. The application for a renewed license 31 34 must be accompanied by a fee of twenty dollars.However, aA 31 35 political subdivision shall not be required to pay a license 32 1 fee. 32 2 Sec. 66. Section 212.3, Code 2018, is amended to read as 32 3 follows: 32 4 212.3 Disposition of delivery tickets. 32 5 One duplicate delivery ticket described in section 32 6212.3212.2 shall be delivered to the vendee and the other 32 7 duplicative delivery ticket shall be returned to the vendor 32 8 or retained electronically by the vendor if approval from the 32 9 department has previously been granted. Upon demand of the 32 10 department the person in charge of the load shall surrender one 32 11 of the duplicate delivery tickets to the person making such 32 12 demand. If the duplicative delivery ticket is retained, an 32 13 official weight slip shall be delivered by the department to 32 14 the vendee or the vendee's agent. 32 15 Sec. 67. Section 216.6, subsection 1, paragraph a, Code 32 16 2018, is amended to read as follows: 32 17 a. Person to refuse to hire, accept, register, classify, 32 18 or refer for employment, to discharge any employee, or to 32 19 otherwise discriminate in employment against any applicant 32 20 for employment or any employee because of the age, race, 32 21 creed, color, sex, sexual orientation, gender identity, 32 22 national origin, religion, or disability of such applicant or 32 23 employee, unless based upon the nature of the occupation. If a 32 24 person with a disability is qualified to perform a particular 32 25 occupation, by reason of training or experience, the nature of 32 26 that occupation shall not be the basis for exception to the 32 27 unfair ordiscriminatingdiscriminatory practices prohibited 32 28 by this subsection. 32 29 Sec. 68. Section 216.6, subsection 1, paragraph c, 32 30 subparagraph (1), Code 2018, is amended to read as follows: 32 31 (1) If a person with a disability is qualified to perform a 32 32 particular occupation by reason of training or experience, the 32 33 nature of that occupation shall not be the basis for exception 32 34 to the unfair ordiscriminatingdiscriminatory practices 32 35 prohibited by this subsection. 33 1 Sec. 69. Section 216.13, subsection 1, Code 2018, is amended 33 2 to read as follows: 33 3 1. However, a retirement plan or benefit system shall 33 4 not require the involuntary retirement of a person under the 33 5 age of seventy because of that person's age. Thisparagraph 33 6subsection does not prohibit thefollowing:33 7a.Theinvoluntary retirement of a person who has attained 33 8 the age of sixty=five and has for the two prior years been 33 9 employed in a bona fide executive or high policymaking position 33 10 and who is entitled to an immediate, nonforfeitable annual 33 11 retirement benefit from a pension, profit=sharing, savings, 33 12 or deferred compensation plan of the employer which equals 33 13 twenty=seven thousand dollars. This retirement benefit test 33 14 may be adjusted according to the regulations prescribed by 33 15 the United States secretary of labor pursuant to Pub. L. No. 33 16 95=256, section 3. 33 17b. The involuntary retirement of a person covered by a 33 18 collective bargaining agreement which was entered into by a 33 19 labor organization and was in effect on September 1, 1977. 33 20 This exemption does not apply after the termination of that 33 21 agreement or January 1, 1980, whichever first occurs.33 22 Sec. 70. Section 225.30, Code 2018, is amended to read as 33 23 follows: 33 24 225.30 Blanks == audit. 33 25 The medical faculty of the university of Iowa college of 33 26 medicine shall prepare blanks containing such questions and 33 27 requiring such information as may be necessary and proper to 33 28 be obtained by the physician or mental health professional who 33 29 examines a person or respondent whose referral to the state 33 30 psychiatric hospital is contemplated. A judge may request 33 31 that a physician or mental health professional who examines a 33 32 respondent as required by section 229.10 complete such blanks 33 33 in duplicate in the course of the examination. A physician who 33 34 proposes to file information under section 225.10 shall obtain 33 35 and complete such blanks in duplicate and file them with the 34 1 information. The blanks shall be printed by the state and a 34 2 supply of the blanks shall be made available to counties. The 34 3 director of the department of administrative services shall 34 4 audit, allow, and pay the cost of the blanks as other bills for 34 5 public printing are allowed and paid. 34 6 Sec. 71. Section 235B.3A, subsection 3, Code 2018, is 34 7 amended to read as follows: 34 8 3. Providing a dependent adult with immediate and adequate 34 9 notice of the dependent adult's rights. The notice shall 34 10 consist of handing the dependent adult a document that includes 34 11 the telephone numbers of shelters, support groups, and 34 12 crisis lines operating in the area and containsa copy ofthe 34 13 following written statement of rights; requesting the dependent 34 14 adult to read thecarddocument; and asking the dependent adult 34 15 whether the dependent adult understands the rights: 34 16 [1] You have the right to ask the court for the following 34 17 help on a temporary basis: 34 18 [a] Keeping the alleged perpetrator away from you, your 34 19 home, and your place of work. 34 20 [b] The right to stay at your home without interference from 34 21 the alleged perpetrator. 34 22 [c] Professional counseling for you, your family, or 34 23 household members, and the alleged perpetrator of the dependent 34 24 adult abuse. 34 25 [2] If you are in need of medical treatment, you have the 34 26 right to request that the peace officer present assist you in 34 27 obtaining transportation to the nearest hospital or otherwise 34 28 assist you. 34 29 [3] If you believe that police protection is needed for 34 30 your physical safety, you have the right to request that the 34 31 peace officer present remain at the scene until you and other 34 32 affected parties can leave or safety is otherwise ensured. 34 33 Sec. 72. Section 235E.3, subsection 3, Code 2018, is amended 34 34 to read as follows: 34 35 3. Providing a dependent adult with immediate and adequate 35 1 notice of the dependent adult's rights. The notice shall 35 2 consist of handing the dependent adult a document that includes 35 3 the telephone numbers of shelters, support groups, and 35 4 crisis lines operating in the area and containsa copy ofthe 35 5 following written statement of rights; requesting the dependent 35 6 adult to read thecarddocument; and asking the dependent adult 35 7 whether the dependent adult understands the rights: 35 8 [1] You have the right to ask the court for the following 35 9 help on a temporary basis: 35 10 [a] Keeping the alleged perpetrator away from you, your 35 11 home, your facility, and your place of work. 35 12 [b] The right to stay at your home or facility without 35 13 interference from the alleged perpetrator. 35 14 [c] Professional counseling for you, your family, or 35 15 household members, and the alleged perpetrator of the dependent 35 16 adult abuse. 35 17 [2] If you are in need of medical treatment, you have the 35 18 right to request that the peace officer present assist you in 35 19 obtaining transportation to the nearest hospital or otherwise 35 20 assist you. 35 21 [3] If you believe that police protection is needed for 35 22 your physical safety, you have the right to request that the 35 23 peace officer present remain at the scene until you and other 35 24 affected parties can leave or safety is otherwise ensured. 35 25 Sec. 73. Section 236.12, subsection 1, paragraph c, Code 35 26 2018, is amended to read as follows: 35 27 c. Providing an abused person with immediate and adequate 35 28 notice of the person's rights. The notice shall consist of 35 29 handing the person a document that includes the telephone 35 30 numbers of shelters, support groups, and crisis lines operating 35 31 in the area and containsa copy ofthe following statement 35 32 of rights written in English and Spanish; asking the person 35 33 to read thecarddocument; and asking whether the person 35 34 understands the rights: 35 35 [1] You have the right to ask the court for the following 36 1 help on a temporary basis: 36 2 [a] Keeping your attacker away from you, your home and your 36 3 place of work. 36 4 [b] The right to stay at your home without interference from 36 5 your attacker. 36 6 [c] Getting custody of children and obtaining support for 36 7 yourself and your minor children if your attacker is legally 36 8 required to provide such support. 36 9 [d] Professional counseling for you, the children who are 36 10 members of the household, and the defendant. 36 11 [2] You have the right to seek help from the court to seek 36 12 a protective order with or without the assistance of legal 36 13 representation. You have the right to seek help from the 36 14 courts without the payment of court costs if you do not have 36 15 sufficient funds to pay the costs. 36 16 [3] You have the right to file criminal charges for threats, 36 17 assaults, or other related crimes. 36 18 [4] You have the right to seek restitution against your 36 19 attacker for harm to yourself or your property. 36 20 [5] If you are in need of medical treatment, you have 36 21 the right to request that the officer present assist you in 36 22 obtaining transportation to the nearest hospital or otherwise 36 23 assist you. 36 24 [6] If you believe that police protection is needed for your 36 25 physical safety, you have the right to request that the officer 36 26 present remain at the scene until you and other affected 36 27 parties can leave or until safety is otherwise ensured. 36 28 Sec. 74. Section 236A.13, subsection 1, paragraph c, Code 36 29 2018, is amended to read as follows: 36 30 c. Providing an abused person with immediate and adequate 36 31 notice of the person's rights. The notice shall consist of 36 32 handing the person a document that includes the telephone 36 33 numbers of shelters, support groups, and crisis lines operating 36 34 in the area and containsa copy ofthe following statement 36 35 of rights written in English and Spanish; asking the person 37 1 to read thecarddocument; and asking whether the person 37 2 understands the rights: 37 3 [1] You have the right to ask the court for the following 37 4 help on a temporary basis: 37 5[1][a] Keeping your attacker away from you, your home, and 37 6 your place of work. 37 7[2][b] The right to stay at your home without interference 37 8 from your attacker. 37 9 [2] You have the right to seek help from the court to seek 37 10 a protective order with or without the assistance of legal 37 11 representation. You have the right to seek help from the 37 12 courts without the payment of court costs if you do not have 37 13 sufficient funds to pay the costs. 37 14 [3] You have the right to file criminal complaints for 37 15 threats, assaults, or other related crimes. 37 16 [4] You have the right to seek restitution against your 37 17 attacker for harm to yourself or your property. 37 18 [5] If you are in need of medical treatment, you have 37 19 the right to request that the officer present assist you in 37 20 obtaining transportation to the nearest hospital or otherwise 37 21 assist you. 37 22 [6] If you believe that police protection is needed for your 37 23 physical safety, you have the right to request that the officer 37 24 present remain at the scene until you and other affected 37 25 persons can leave or until safety is otherwise ensured. 37 26 Sec. 75. Section 256I.7, subsection 1, paragraph a, Code 37 27 2018, is amended to read as follows: 37 28 a. The early childhood Iowa initiative functions for an area 37 29 shall be performed under the authority of an early childhood 37 30 Iowa area board. The members of an area board shall be elected 37 31 officials or members of the public who are not employed by a 37 32 provider of services to or for the area board. In addition, 37 33 the membership of an area board shall include representation 37 34 from education, health, human services, business, and faith 37 35 interests, and at least one parent, grandparent, or guardian of 38 1 a child from zero through age five. However, not more than one 38 2 member shall represent the same entity or interest. 38 3 Sec. 76. Section 256I.8, subsection 1, paragraph b, Code 38 4 2018, is amended to read as follows: 38 5 b. Administer early childhood Iowa grant moneys available 38 6 from the state to the area board as provided by law and other 38 7 federal, state, local, and private moneys made available to 38 8 the area board. Eligibility for receipt of early childhood 38 9 Iowa grant moneys shall be limited to those early childhood 38 10 Iowa area boards that have developed an approved community 38 11 plan in accordance with this chapter. An early childhood Iowa 38 12 area board may apply to the state board for any private moneys 38 13 received by the early childhood Iowa initiative outside of a 38 14 state appropriation. 38 15 Sec. 77. Section 256I.8, subsection 1, paragraph d, Code 38 16 2018, is amended to read as follows: 38 17 d. Submit an annual report on the effectiveness of the 38 18 community plan in addressing school readiness and children's 38 19 health and safety needs to the state board and to the local 38 20 government bodies in the area. The annual report shall 38 21 indicate the effectiveness of the area board in addressing 38 22 state and locally determined goals and the progress on each 38 23 of the community=wide indicators identified by the area board 38 24 under paragraph "c", subparagraph (5). The report shall 38 25 include an annual budget developed for the following fiscal 38 26 year for the area's comprehensive school ready children grant 38 27 for providing services for children frombirthzero through 38 28 age fiveyears of age, and provide other information specified 38 29 by the state board, including budget amendments, as needed. 38 30 In addition, each area board must comply with reporting 38 31 provisions and other requirements adopted by the state board 38 32 in implementing section 256I.9. 38 33 Sec. 78. Section 256I.12, subsection 1, Code 2018, is 38 34 amended to read as follows: 38 35 1. Alliance created. An early childhood stakeholders 39 1 alliance is created to support the state board in addressing 39 2 the early care, health, and education systems that affect 39 3 childrenageszero through age five in Iowa. 39 4 Sec. 79. Section 260C.22, subsection 1, paragraph e, Code 39 5 2018, is amended to read as follows: 39 6 e. Thislawsubsection shall be construed as supplemental 39 7 and in addition to existing statutory authority and as 39 8 providing an independent method of financing the cost of 39 9 acquiring school facilities for which a tax has been voted 39 10 under this section and for the borrowing of money and execution 39 11 of loan agreements in connection therewith and shall not be 39 12 construed as subject to the provisions of any other law. The 39 13 fact that a merged area may have previously borrowed money and 39 14 entered into loan agreements under authority herein contained 39 15 shall not prevent such merged area from borrowing additional 39 16 money and entering into further loan agreements provided that 39 17 the aggregate of the amount payable under all of such loan 39 18 agreements does not exceed the proceeds of the voted tax. All 39 19 acts and proceedings heretofore taken by the board of directors 39 20 or by any official of any merged area for the exercise of any 39 21 of the powers granted by this section are hereby legalized and 39 22 validated in all respects. 39 23 Sec. 80. Section 261.9, unnumbered paragraph 1, Code 2018, 39 24 is amended to read as follows: 39 25 When used in thispartsubchapter, unless the context 39 26 otherwise requires: 39 27 Sec. 81. Section 262.21, Code 2018, is amended to read as 39 28 follows: 39 29 262.21 Annuity contracts. 39 30 1. As used in this section, unless the context otherwise 39 31 requires, "annuity contract" includes any custodial account 39 32 which meets the requirements of section 403(b)(7) of the 39 33 Internal Revenue Code, as defined in section 422.3. 39 34 2. At the request of an employee through contractual 39 35 agreement the board may arrange for the purchase of group 40 1 or individual annuity contracts for any of its employees, 40 2 which annuity contracts are issued by a nonprofit corporation 40 3 issuing retirement annuities exclusively for educational 40 4 institutions and their employees or are purchased from any 40 5 company the employee chooses that is authorized to do business 40 6 in this state or through an Iowa=licensed salesperson that 40 7 the employee selects, on a group or individual basis, for 40 8 retirement or other purposes, and may make payroll deductions 40 9 in accordance with the arrangements for the purpose of paying 40 10 the entire premium due and to become due under the contract. 40 11 The deductions shall be made in the manner which will qualify 40 12 the annuity premiums for the benefits under section 403(b) of 40 13 the Internal Revenue Code, as defined in section 422.3. The 40 14 employee's rights under the annuity contract are nonforfeitable 40 15 except for the failure to pay premiums.As used in this 40 16 section, unless the context otherwise requires, "annuity 40 17 contract" includes any custodial account which meets the 40 18 requirements of section 403(b)(7) of the Internal Revenue Code, 40 19 as defined in section 422.3.40 20 3. Whenever an existing tax=sheltered annuity contract is 40 21 to be replaced by a new contract the agent or representative 40 22 of the company shall submit a letter of intent to the company 40 23 being replaced, to the commissioner of insurance, and to the 40 24 agent's or representative's own company at least thirty days 40 25 prior to any action. Each required letter of intent shall 40 26 be sent by registered mail. This letter of intent shall 40 27 contain the policy number and description of the contract being 40 28 replaced and a description of the replacement contract. 40 29 Sec. 82. Section 262.56, Code 2018, is amended to read as 40 30 follows: 40 31 262.56 Authorization == contracts == title. 40 32 Subject to and in accordance with the provisions of this 40 33 subchapter the state board of regents is hereby authorized to 40 34 undertake and carry out any project ashereinbeforedefined 40 35 in section 262.55 at the state university of Iowa, Iowa state 41 1 university of science and technology, and the university of 41 2 northern Iowa and to operate, control, maintain and manage 41 3 student residence halls and dormitories, including dining and 41 4 other incidental facilities, and additions to such buildings at 41 5 each of said institutions. All contracts for the construction, 41 6 reconstruction, completion, equipment, improvement, repair or 41 7 remodeling of any buildings, additions or facilities shall 41 8 be let in accordance with the provisions of section 262.34. 41 9 The title to all real estate acquired under the provisions of 41 10 this subchapter and the improvements erected thereon shall be 41 11 taken and held in the name of the state of Iowa. The board 41 12 is authorized to rent the rooms in such residence halls and 41 13 dormitories to the students, officers, guests and employees 41 14 of said institutions at such rates, fees or rentals as will 41 15 provide a reasonable return upon the investment, but which will 41 16 in any event produce net rents, profits and income sufficient 41 17 to insure the payment of the principal of and interest on all 41 18 bonds or notes issued to pay any part of the cost of any project 41 19 and refunding bonds or notes issued pursuant to the provisions 41 20 of this subchapter. 41 21 Sec. 83. Section 263.2, Code 2018, is amended to read as 41 22 follows: 41 23 263.2 Degrees. 41 24 1.No oneA person shall not be admitted to courses of 41 25 instruction in the universitywhoif the person has not 41 26 completed the elementary instruction in such branches as are 41 27 taught in thecommonpublic or accredited nonpublic schools 41 28 throughout the state. 41 29 2. Graduates of the university shall receive degrees or 41 30 diplomas, or other evidences of distinction such as are usually 41 31 conferred and granted by universities and are authorized by the 41 32 state board of regents. 41 33 Sec. 84. Section 263.10, Code 2018, is amended to read as 41 34 follows: 41 35 263.10 Persons admitted. 42 1 Every resident of the state who is not more than twenty=one 42 2 years of age, who has such severe disabilities as to be unable 42 3 to acquire an education in thecommonpublic or accredited 42 4 nonpublic schools, and every such person who is twenty=one and 42 5 under thirty=five years of age who has the consent of the state 42 6 board of regents, shall be entitled to receive an education, 42 7 care, and training in the university of Iowa hospitals 42 8 and clinics center for disabilities and development, and 42 9 nonresidents similarly situated may be entitled to an education 42 10 and care at the center upon such terms as may be fixed by the 42 11 state board of regents. The fee for nonresidents shall be not 42 12 less than the average expense of resident pupils and shall be 42 13 paid in advance. Residents and persons under the care and 42 14 control of a director of a division of the department of human 42 15 services who have severe disabilities may be transferred to the 42 16 center upon such terms as may be agreed upon by the state board 42 17 of regents and the director. 42 18 Sec. 85. Section 270.6, Code 2018, is amended to read as 42 19 follows: 42 20 270.6CertificationCertificate to auditor == collection. 42 21 The superintendent shall, at the time of sending the 42 22 certificate to the director of the department of administrative 42 23 services, send a duplicate copy to the auditor of the county of 42 24 the pupil's residence, who shall, when ordered by the board of 42 25 supervisors, proceed to collect thesameamounts due by action 42 26 if necessary, in the name of the county, and when so collected, 42 27 shall pay thesameamounts into the county treasury. 42 28 Sec. 86. Section 270.7, subsection 2, Code 2018, is amended 42 29 to read as follows: 42 30 2. If a county fails to pay these bills within sixty days 42 31 from the date of the certificate from the superintendent, the 42 32 director of the department of administrative services shall 42 33 charge the delinquent county a penalty of three=fourths of one 42 34 percent per month on and after sixty days from the date of the 42 35 certificate until paid. The penalties shall be credited to the 43 1 general fund of the state. 43 2 Sec. 87. Section 272.2, subsection 20, Code 2018, is amended 43 3 to read as follows: 43 4 20.Establish by ruleAdopt rules pursuant to chapter 17A 43 5 establishing endorsements and authorizations for computer 43 6 science instruction, including traditional and nontraditional 43 7 pathways for obtaining such endorsements or authorizations. 43 8 Sec. 88. Section 274.2, Code 2018, is amended to read as 43 9 follows: 43 10 274.2 General applicability. 43 11 The provisions of law relative tocommonpublic or 43 12 accredited nonpublic schools shall apply alike to all 43 13 districts, except when otherwise clearly stated, and the powers 43 14 given to one form of corporation, or to a board in one kind 43 15 of corporation, shall be exercised by the other in the same 43 16 manner, as nearly as practicable. But school boards shall not 43 17 incur original indebtedness by the issuance of bonds until 43 18 authorized by the voters of the school corporation. 43 19 Sec. 89. Section 274.39, Code 2018, is amended to read as 43 20 follows: 43 21 274.39 Sale of land to government. 43 22 Whenever the federal government, or any agency or department 43 23thereof shall have heretofore located or shall hereafter locate 43 24of the federal government, locates in any county an ordnance 43 25 plant or other project which may be deemed desirable for the 43 26 development of the national defense or for the purpose of flood 43 27 control, and for the purpose of so locating such plant or 43 28 projectshall have heretofore determined, or shall hereafter 43 29 determine,determines that real property and improvements 43 30thereonon the property owned by school districtsisare 43 31 required, the board of directors of such school districts by 43 32 resolution is hereby authorized to sell and conveysuchthe 43 33 property at a price and upon terms as may be agreed upon, any 43 34 such. The instruments of conveyancetoshall be executed on 43 35 behalf ofsuchthe school districts by the president ofsuch 44 1each district. 44 2 Sec. 90. Section 275.4, subsection 1, paragraph a, Code 44 3 2018, is amended to read as follows: 44 4 a. In developing studies and surveys the area education 44 5 agency board shall consult with the officials of school 44 6 districts in the area and other citizens,andshall from time 44 7 to time hold public hearings, and may employ such research and 44 8 other assistance as it may determine reasonably necessary in 44 9 order to properly carry on its survey and prepare definite 44 10 plans of reorganization. 44 11 Sec. 91. Section 275.9, subsection 1, Code 2018, is amended 44 12 to read as follows: 44 13 1. When any school district is enlarged, reorganized, 44 14 or changes its boundaries pursuant to the planshereinabove44 15 provided for under sections 275.2 through 275.8, such 44 16 enlargement, reorganization, or boundary change shall be 44 17 accomplished by the methodhereinafterprovided in this 44 18 subchapter. 44 19 Sec. 92. Section 275.13, Code 2018, is amended to read as 44 20 follows: 44 21 275.13 Affidavit == presumption. 44 22 Such petition shall be accompanied by an affidavit showing 44 23 the number of registered voters living in each affected 44 24 district or portion thereof described in the petition and 44 25 signed by a registered voter residing in the territory, and if 44 26 parts of the territory described in the petition are situated 44 27 in different area education agencies, the affidavit shall show 44 28 separately as to each agency, the number of registered voters 44 29 in the part of the agency included in the territory described. 44 30 The affidavit shall be taken as true unless objections to it 44 31 are filed on or before the time fixed for filing objections as 44 32 provided in section 275.14hereof. 44 33 Sec. 93. Section 275.27, Code 2018, is amended to read as 44 34 follows: 44 35 275.27 Community school districts == part of area education 45 1 agency. 45 2 School districts created or enlarged under this chapter are 45 3 community school districts and are part of the area education 45 4 agency in which the greatest number of registered voters of the 45 5 district reside at the time of the special election called for 45 6 in section 275.18, and sections of the Code applicable tothe 45 7 commonpublic or accredited nonpublic schools generally are 45 8 applicable to these districts in addition to the powers and 45 9 privileges conferred by this chapter. If a school district, 45 10 created or enlarged under this chapter and assigned to an area 45 11 education agency under this section, can demonstrate that 45 12 students in the district were utilizing a service or program 45 13 prior to the formation of the new or enlarged district that is 45 14 unavailable from the area education agency to which the new or 45 15 enlarged district is assigned, the district may be reassigned 45 16 to the area education agency which formerly provided the 45 17 service or program, upon an affirmative majority vote of the 45 18 boards of the affected area education agencies to permit the 45 19 change. 45 20 Sec. 94. Section 275.33, subsection 1, Code 2018, is amended 45 21 to read as follows: 45 22 1. The terms of employment of superintendents, principals, 45 23 and teachers, for the school year following the effective date 45 24 of the formation of the new district shall not be affected by 45 25 the formation of the new district, except in accordance with 45 26 the provisions of sections 279.15tothrough 279.18 and 279.24 45 27 and the authority and responsibility to offer new contracts or 45 28 to continue, modify, or terminate existing contracts pursuant 45 29 to sections 279.12, 279.13, 279.15tothrough 279.21, 279.23, 45 30 and 279.24 for the school year beginning with the effective 45 31 date of the reorganization shall be transferred from the boards 45 32 of the existing districts to the board of the new district 45 33 on the third Tuesday of January prior to the school year the 45 34 reorganization is effective. 45 35 Sec. 95. Section 277.32, Code 2018, is amended to read as 46 1 follows: 46 2 277.32 Penalties. 46 3 Any school officer willfully violating any law relative to 46 4commonpublic or accredited nonpublic schools, or willfully 46 5 failing or refusing to perform any duty imposed by law, 46 6 shall forfeit and pay into the treasury of the particular 46 7 school corporation in which the violation occurs the sum of 46 8 twenty=five dollars, action to recover which shall be brought 46 9 in the name of the proper school corporation, and be applied to 46 10 the use of the schools therein. 46 11 Sec. 96. Section 279.16, subsection 3, Code 2018, is amended 46 12 to read as follows: 46 13 3. The board shall not be bound by common law or statutory 46 14 rules of evidence or by technical or formal rules of procedure, 46 15 but it shall hold the hearing in such manner as is best 46 16 suited to ascertain and conserve the substantial rights of 46 17 the parties. Process and procedure under sections 279.13to 46 18through 279.19 shall be as summary as reasonably may be. 46 19 Sec. 97. Section 279.36, Code 2018, is amended to read as 46 20 follows: 46 21 279.36 Publication procedures and fee. 46 22 1. The requirements of section 279.35 are satisfied by 46 23 publication in at least one newspaper published in the district 46 24 or, if there is none, in at least one newspaper having general 46 25 circulation within the district. 46 26 2.For the fiscal year beginning July 1, 1987, the fee for 46 27 publications required under section 279.35 shall not exceed 46 28 three=fifths of the legal publication fee provided by statute 46 29 for the publication of legal notices. For the fiscal year 46 30 beginning July 1, 1988, the fee for the publications shall 46 31 not exceed three=fourths of that legal publication fee.For 46 32 the fiscal year beginning July 1, 1989, and each fiscal year 46 33 thereafter, the fee for the publications shall be the legal 46 34 publication fee provided by statute. 46 35 Sec. 98. Section 280.2, Code 2018, is amended to read as 47 1 follows: 47 2 280.2 Definitions. 47 3The term "public school" means any school directly supported 47 4 in whole or in part by taxation. The term"nonpublic47 5 As used in this chapter, unless the context otherwise 47 6 requires: 47 7 1. "Nonpublic school" means anyotherschool, other than a 47 8 public school, which is accredited pursuant to section 256.11. 47 9 2. "Public school" means any school directly supported in 47 10 whole or in part by taxation. 47 11 Sec. 99. Section 282.18, subsection 11, Code 2018, is 47 12 amended to read as follows: 47 13 11. a. A pupil who participates in open enrollment for 47 14 purposes of attending a grade in grades nine through twelve 47 15 in a school district other than the district of residence is 47 16 ineligible to participate in varsity interscholastic athletic 47 17 contests and athletic competitions during the pupil's first 47 18 ninety school days of enrollment in thedistrict except that 47 19 thedistrict. However, a pupil may participate immediately in 47 20 a varsity interscholastic sportifunder any of the following 47 21 circumstances: 47 22 (1) If the pupil is entering grade nine for the first 47 23 time and did not participate in an interscholastic athletic 47 24 competition for another school or school district during the 47 25 summer immediately following eighth grade, if. 47 26 (2) If the district of residence and the other school 47 27 district jointly participate in the sport, if. 47 28 (3) If the sport in which the pupil wishes to participate is 47 29 not offered in the district of residence, if. 47 30 (4) If the pupil chooses to use open enrollment to attend 47 31 school in another school district because the district in which 47 32 the student previously attended school was dissolved and merged 47 33 with one or more contiguous school districts under section 47 34 256.11, subsection 12, if. 47 35 (5) If the pupil participates in open enrollment because the 48 1 pupil's district of residence has entered into a whole grade 48 2 sharing agreement with another district for the pupil's grade, 48 3 if. 48 4 (6) If the parent or guardian of the pupil participating 48 5 in open enrollment is an active member of the armed forces and 48 6 resides in permanent housing on government property provided by 48 7 a branch of the armed services, or if. 48 8 (7) If the district of residence determines that the pupil 48 9 was previously subject to a founded incident of harassment or 48 10 bullying as defined in section 280.28 while attending school 48 11 in the district of residence. 48 12 b. A pupil who has paid tuition and attended school, or 48 13 has attended school pursuant to a mutual agreement between the 48 14 two districts, in a district other than the pupil's district 48 15 of residence for at least one school year is also eligible to 48 16 participate immediately in interscholastic athletic contests 48 17 and athletic competitions under this section, but only as a 48 18 member of a team from the district that pupil had attended. 48 19 c. For purposes of this subsection, "school days of 48 20 enrollment" does not include enrollment in summer school. For 48 21 purposes of this subsection, "varsity" means the same as defined 48 22 in section 256.46. 48 23 Sec. 100. Section 284.1, unnumbered paragraph 1, Code 2018, 48 24 is amended to read as follows: 48 25 A student achievement and teacher quality program is 48 26 established to promote high student achievement. The program 48 27 shall consist of the followingfourmajor elements: 48 28 Sec. 101. Section 284.3A, subsection 3, Code 2018, is 48 29 amended to read as follows: 48 30 3. A school district or area education agency shall not 48 31 be required to maintain a separate account within its budget 48 32 based on source of funds for payments received and expenditures 48 33 made pursuant to this section. The school district or area 48 34 education agency shall annually certify to the departmentof 48 35 educationthat funding received pursuant to sections 257.10 and 49 1 257.37A was expended on salaries for qualified teachers. 49 2 Sec. 102. Section 284.6, subsection 9, Code 2018, is amended 49 3 to read as follows: 49 4 9. Moneys received pursuant to section 257.10, subsection 49 5 10, or section 257.37A, subsection 2, shall be maintained 49 6 as a separate listing within a school district's or area 49 7 education agency's budget for funds received and expenditures 49 8 made pursuant to this subsection. The department shall not 49 9 require a school district or area education agency to allocate 49 10 a specific amount or percentage of moneys received pursuant to 49 11 section 257.10, subsection 10, or section 257.37A, subsection 49 12 2, for professional development related to implementation of 49 13 the core curriculum under section 256.7, subsection 26. A 49 14 school district shall certify to the departmentof education49 15 how the school district allocated the funds and that moneys 49 16 received under this subsection were used to supplement, not 49 17 supplant, the professional development opportunities the school 49 18 district would otherwise make available. For budget years 49 19 beginning on or after July 1, 2017, all or a portion of the 49 20 moneys received pursuant to section 257.10, subsection 10, that 49 21 remain unexpended and unobligated at the end of a fiscal year 49 22 may, pursuant to section 257.10, subsection 10, paragraph "d", 49 23 be transferred for deposit in the school district's flexibility 49 24 account established under section 298A.2, subsection 2. 49 25 Sec. 103. Section 284.13, subsection 1, paragraph d, 49 26 subparagraph (1), unnumbered paragraph 1, Code 2018, is amended 49 27 to read as follows: 49 28 For the following years, to the departmentof education, for 49 29 purposes of teacher leadership supplemental aid payments to 49 30 school districts for implementing the career paths, leadership 49 31 roles, and compensation framework or comparable system approved 49 32 in accordance with section 284.15, subsection 6, the following 49 33 amounts: 49 34 Sec. 104. Section 284.13, subsection 1, paragraph g, Code 49 35 2018, is amended to read as follows: 50 1 g. For the fiscal year beginning July 1, 2018, and for each 50 2 subsequent fiscal year, to the departmentof education, ten 50 3 million dollars for purposes of implementing the supplemental 50 4 assistance for high=need schools provisions of section 284.11. 50 5 Annually, of the moneys allocated to the department for 50 6 purposes of this paragraph, up to one hundred thousand dollars 50 7 may be used by the department for administrative purposes and 50 8 for not more than one full=time equivalent position. 50 9 Sec. 105. Section 294.1, Code 2018, is amended to read as 50 10 follows: 50 11 294.1 Qualifications == compensation prohibited. 50 12 1.NoA person shall not be employed as a teacher in a 50 13commonpublic or accredited nonpublic school without having a 50 14 certificate issued by some officer duly authorized by law. 50 15 2.No compensationCompensation shall not be recovered by a 50 16 teacher for services rendered while without such certificate. 50 17 Sec. 106. Section 303.8, Code 2018, is amended to read as 50 18 follows: 50 19 303.8 Powers and duties of board anddivisiondepartment. 50 20 1. The state historical society board of trustees shall: 50 21 a. Recommend to the state historical society a 50 22 comprehensive, coordinated, and efficient policy to preserve, 50 23 research, interpret, and promote to the public an awareness and 50 24 understanding of local, state, and regional history. 50 25 b. Make recommendations to the division administrator on 50 26 historically related matters. 50 27 c. Review and recommend to the director or the director's 50 28 designee policy decisions regarding the division. 50 29 d. Recommend to the state historic preservation officer for 50 30 approval the state preservation plan. 50 31 e. Perform other functions prescribed by law to further 50 32 historically related matters in the state. 50 33 2. The department shall: 50 34 a. Have authority to acquire by fee simple title historic 50 35 properties by gift, purchase, devise, or bequest; preserve, 51 1 restore, transfer, and administer historic properties; and 51 2 charge reasonable admission to historic properties. 51 3 b. Maintain research centers in Des Moines and Iowa City. 51 4 Sec. 107. Section 303.18, subsection 1, Code 2018, is 51 5 amended to read as follows: 51 6 1. The state historic preservation officer shall only 51 7 recommend that a rural electric cooperative or a municipal 51 8 utility constructing electric distribution and transmission 51 9 facilities for which it is receiving federal funding conduct 51 10 an archeological site survey of its proposed route when, based 51 11 upon a review of existing information on historic properties 51 12 within the area of potential effects of the construction, the 51 13 state historic preservation officer has determined that a 51 14 historic property, as defined by the federal National Historic 51 15 Preservation Act of 1966, Pub. L. No. 89=665, as amended and 51 16 codified at 16 U.S.C. {470 et seq., is likely to exist within 51 17 the proposed route. 51 18 Sec. 108. Section 314.21, subsection 1, paragraph a, Code 51 19 2018, is amended to read as follows: 51 20 a. The living roadway trust fund is created in the office 51 21 of the treasurer of state. The moneys in this fund shall 51 22 be used exclusively for the development and implementation 51 23 of integrated roadside vegetation plans. Except as provided 51 24 in subsections 2 and 3, the moneys shall only be expended 51 25 for areas on or adjacent to road, street, and highway 51 26 right=of=ways. The state department of transportation in 51 27 consultation with the department of natural resources shall 51 28 establish standards relating to the type of projects available 51 29 for assistance.For the fiscal period beginning July 1, 1988, 51 30 and ending March 31, 1990, the moneys in the fund shall be 51 31 expended as follows: fifty=six percent on state department of 51 32 transportation projects; thirty percent on county projects; and 51 33 fourteen percent on city projects.51 34 Sec. 109. Section 321.105, subsection 5, Code 2018, is 51 35 amended to read as follows: 52 1 5. Seriously disabled veterans who have been provided with 52 2 an automobile or other vehicle by the United States government 52 3 under the provisions of{1901 = 1903, Tit. 38 of the United 52 4 States Code,38 U.S.C.{1901 et seq. (1970){3901 = 3904, shall 52 5 be exempt from payment of the registration fee provided in this 52 6 chapter for that vehicle, and shall be provided, without fee, 52 7 with one set of regular registration plates or one set of any 52 8 type of special registration plates associated with service in 52 9 the United States armed forces for which the disabled veteran 52 10 qualifies under section 321.34. The disabled veteran, to be 52 11 able to claim the benefit, must be a resident of the state 52 12 of Iowa. In lieu of the set of regular or special military 52 13 registration plates available without fee, the disabled veteran 52 14 may obtain a set of nonmilitary special registration plates or 52 15 personalized plates issued under section 321.34 by paying the 52 16 additional fees associated with those plates. 52 17 Sec. 110. Section 321.145, subsection 2, paragraph a, 52 18 subparagraph (3), Code 2018, is amended to read as follows: 52 19 (3) The amounts required to be transferred pursuant to 52 20 section 321.34 from revenues available under this subsection 52 21 shall be transferred and credited as provided in section 52 22 321.34, subsections 7, 10, 10A, 11, 11A, 11B, 13, 16, 17, 52 23 18, 19, 20, 20A, 20B, 20C, 21, 22, 23, 24, 25, and 26for the 52 24 various purposes specified inthose subsectionsthat section. 52 25 Sec. 111. Section 321.237, Code 2018, is amended to read as 52 26 follows: 52 27 321.237 Signs == requirement == notice. 52 28 1. A traffic ordinance or regulation enacted under section 52 29 321.236, subsection 4, 5, 6, 8, 12, or 13, shall not be 52 30 effective until signs, giving notice of such local traffic 52 31 regulations as specified in the department manual on uniform 52 32 traffic=control devices, are posted upon or at the entrances to 52 33 the highway or part thereof affected as may be most appropriate 52 34 and shall be erected at the expense of the local authority. 52 35 2. When a city has adopted an ordinance as authorized 53 1 in section 321.236, subsection 12, or an ordinance which 53 2 prohibits standing or parking of vehicles upon a street or 53 3 streets during any time when snow=removal operations are in 53 4 progress and before such operations have resulted in the 53 5 removal or clearance of snow from such street or streets, 53 6 signs as specified in theabovedepartment manual on uniform 53 7 traffic=control devices, posted ashereinaboveprovided 53 8 in subsection 1, shall be deemed sufficient notice of the 53 9 existence of such restrictions. 53 10 Sec. 112. Section 321.278, Code 2018, is amended to read as 53 11 follows: 53 12 321.278 Drag racing prohibited. 53 13 1. a.NoA person shallengagenot do any of the following: 53 14 (1) Engage in any motor vehicle speed contest or exhibition 53 15 of speed on any street or highway of this stateand no person 53 16 shall aid. 53 17 (2) Aid or abet any motor vehicle speed contest orspeed53 18 exhibition of speed on any street or highway of this state, 53 19 except that a. 53 20 b. A passenger shall not be considered as aiding and 53 21 abetting.Motor vehicle speed contest53 22 c. As used in this section, "motor vehicle speed contest" 53 23 orexhibition of speed are defined as"exhibition of speed" 53 24 means one or more persons competing in speed in excess of the 53 25 applicable speed limit in vehicles on the public streets or 53 26 highways. 53 27 2. Any person who violates the provisions of this section 53 28 shall be guilty of a simple misdemeanor. 53 29 Sec. 113. Section 321.290, Code 2018, is amended to read as 53 30 follows: 53 31 321.290 Special restrictions. 53 32 1. Whenever the department shall determine upon the basis of 53 33 an engineering and traffic investigation that any speed limit 53 34hereinbeforeset forth in this chapter is greater or less than 53 35 is reasonable or safe under the conditions found to exist at 54 1 any intersection or other place or upon any part of the primary 54 2 road system or upon any part of a primary road extension, 54 3saidthe department shall determine and declare a reasonable 54 4 and safe speed limitthereatwhich shall be effective when 54 5 appropriate signs giving noticethereofof the speed limit are 54 6 erected at such intersection or other place or part of the 54 7 highway. 54 8 2. Whenever the council in any city shall determine upon 54 9 the basis of an engineering and traffic investigation that any 54 10 speed limithereinbeforeset forth in this chapter is greater 54 11 or less than is reasonable or safe under the conditions found 54 12 to exist at any intersection or other place or upon any part of 54 13 the city street system, except primary road extensions, said 54 14 council shall determine and adopt by ordinance such higher or 54 15 lower speed limit as it deems reasonable and safethereat. 54 16 Such speed limit shall be effective when proper and appropriate 54 17 signs giving noticethereofof the speed limit are erected at 54 18 such intersections or other place or part of the street. 54 19 Sec. 114. Section 321E.12, subsection 3, Code 2018, is 54 20 amended to read as follows: 54 21 3. Vehicles, while being used for the transportation of 54 22 buildings other than mobile homes and factory=built structures, 54 23 may be registered for the combined gross weight of the vehicle 54 24 and load on a single=trip basis. The fee is five cents per ton 54 25 exceeding the weight registered under section 321.122 per mile 54 26 of travel. Fees shall not be prorated for fractions of miles. 54 27 Thisprovisionsubsection does not exempt these vehicles from 54 28 any other provision of this chapter. 54 29 Sec. 115. Section 321G.13, subsection 2, paragraph b, 54 30 subparagraph (2), Code 2018, is amended to read as follows: 54 31 (2)If aA person may operate or ride on a snowmobile with 54 32 a loaded pistol or revolver, whether concealed or not, if the 54 33 person is operating or ridingathe snowmobile on land that is 54 34 not owned or possessed by the person, the person may operate or 54 35 ride the snowmobile with a loaded pistol or revolver, whether 55 1 concealed or not, and the person's conduct is otherwise lawful. 55 2 Sec. 116. Section 321I.14, subsection 2, paragraph b, 55 3 subparagraph (2), Code 2018, is amended to read as follows: 55 4 (2)If aA person may operate or ride on an all=terrain 55 5 vehicle with a loaded pistol or revolver, whether concealed or 55 6 not, if the person is operating or ridinganthe all=terrain 55 7 vehicle on land that is not owned or possessed by the person, 55 8 the person may operate or ride the all=terrain vehicle with a 55 9 loaded pistol or revolver, whether concealed or not, and the 55 10 person's conduct is otherwise lawful. 55 11 Sec. 117. Section 321J.20, subsection 3, Code 2018, is 55 12 amended to read as follows: 55 13 3.If aIn addition to other penalties provided by law, a 55 14 person's temporary restricted license shall be revoked if the 55 15 person is required to install an ignition interlock device or 55 16 participate in a program established pursuant to chapter 901D 55 17operatesand the person does any of the following: 55 18 a. Operates a motor vehicle which does not have an approved 55 19 ignition interlock deviceor. 55 20 b. Operates a motor vehicle while not in compliance with the 55 21 program, or if the person tampers. 55 22 c. Tampers with or circumvents an ignition interlock device, 55 23 in addition to other penalties provided, the person's temporary 55 24 restricted license shall be revoked. 55 25 Sec. 118. Section 321L.2, subsection 5, Code 2018, is 55 26 amended to read as follows: 55 27 5. A seriously disabled veteran who has been provided with 55 28 an automobile or other vehicle by the United States government 55 29 under the provisions of 38 U.S.C.{1901 et seq. (1970){3901 = 55 30 3904 is not required to apply for a persons with disabilities 55 31 parking permit under this section unless the veteran has been 55 32 issued special registration plates or personalized plates for 55 33 the vehicle. The regular registration plates issued for the 55 34 disabled veteran's vehicle without fee pursuant to section 55 35 321.105 entitle the disabled veteran to all of the rights and 56 1 privileges associated with persons with disabilities parking 56 2 permits under this chapter. 56 3 Sec. 119. Section 327G.79, subsection 1, Code 2018, is 56 4 amended to read as follows: 56 5 1. The department of inspections and appeals' determination 56 6 and order shall be just and equitable and, in the case of the 56 7 determination of the fair market value of the property, shall 56 8 be based in part upon at least three independent appraisals 56 9 prepared by certified appraisers. Each party shall select one 56 10 appraiser and each appraisal shall be paid for by the party 56 11 for whom the appraisal is prepared. The two appraisers shall 56 12 select a third appraiser and the costs of this appraisal shall 56 13 be divided equally between the parties. If the appraisers 56 14 selected by the parties cannot agree on selection of a third 56 15 appraiser, the state department of transportation shall appoint 56 16 a third appraiser and the costs of this appraisal shall be 56 17 divided equally between the parties. 56 18 Sec. 120. Section 350.10, Code 2018, is amended to read as 56 19 follows: 56 20 350.10 Statutes applicable. 56 21 Sections 461A.35 through 461A.57 apply to all lands and 56 22 waters under the control of a county conservation board, in 56 23 the same manner as if the lands and waters were state parks, 56 24 lands, or waters. As used in sections 461A.35 through 461A.57, 56 25 "natural resource commission" includes a county conservation 56 26 board, and "director" includes a county conservation board 56 27 or its director, with respect to lands or waters under the 56 28 control of a county conservation board. However, sections 56 29 461A.35 through 461A.57 may be modified or superseded byrules 56 30regulations adopted as provided in section 350.5. 56 31 Sec. 121. Section 351.36, Code 2018, is amended to read as 56 32 follows: 56 33 351.36 Enforcement. 56 34 Local health and law enforcement officials shall enforce 56 35 the provisions of sections 351.33to, 351.35, this section, 57 1 and sections 351.37 through 351.43 relating to vaccination 57 2 and impoundment of dogs. Such public officials shall not be 57 3 responsible for any accident or disease of a dog resulting from 57 4 the enforcement of the provisions of said sections. 57 5 Sec. 122. Section 351.42, Code 2018, is amended to read as 57 6 follows: 57 7 351.42 Exempt dogs. 57 8 Dogs that are under the control of the owner or handlers and 57 9 which are in transit, or are to be exhibited shall be exempt 57 10 from the vaccination provisions of these sections if they are 57 11 within the state for less than thirty days. Dogs assigned 57 12 to a research institution or a like facility shall be exempt 57 13 from the provisions of sections 351.33toand 351.35, sections 57 14 351.36 through 351.41, this section, and section 351.43. 57 15 Sec. 123. Section 351.43, Code 2018, is amended to read as 57 16 follows: 57 17 351.43 Penalty. 57 18 Any person refusing to comply with the provisions of 57 19sectionssection 351.33to, or sections 351.35 through 351.42 57 20 or violating any of their provisions, shall be deemed guilty 57 21 of a simple misdemeanor. 57 22 Sec. 124. Section 358.11, Code 2018, is amended to read as 57 23 follows: 57 24 358.11 Sanitary district to be a body corporate. 57 25 1. Each sanitary district organized under this chapter 57 26 shall be a body corporate and politic, with the name and 57 27 style under which it was organized, and by such name and 57 28 style may sue and be sued, contract and be contracted with, 57 29 acquire and hold real and personal property necessary for 57 30 corporate purposes, adopt a corporate seal and alter the same 57 31 at pleasure, and exercise all the powers conferred in this 57 32 chapter. 57 33 2. All courts of this state shall take judicial notice of 57 34 the existence of sanitary districts organizedhereunderunder 57 35 this chapter. 58 1 Sec. 125. Section 400.21, Code 2018, is amended to read as 58 2 follows: 58 3 400.21 Notice of appeal. 58 4 If the appeal be taken by the person removed, discharged, 58 5 demoted, or suspended, noticethereofof the appeal, signed by 58 6 the appellant and specifying the ruling appealed from, shall be 58 7 filed with the clerk of the commission; if. If the appeal is 58 8 taken by the person making such removal, discharge, demotion, 58 9 or suspension, such notice shall also be served upon the person 58 10 removed, discharged, demoted, or suspended. 58 11 Sec. 126. Section 400.27, subsection 4, Code 2018, is 58 12 amended to read as follows: 58 13 4. The appeal to the district court shall be perfected 58 14 by filing a notice of appeal with the clerk of the district 58 15 court within the time prescribed in this section and by serving 58 16 notice of appeal on the clerk of the civil service commission, 58 17 from whose ruling or decision the appeal is taken. 58 18 Sec. 127. Section 411.6C, subsection 3, paragraph b, Code 58 19 2018, is amended to read as follows: 58 20 b. The eligible member's selection of a plan termination 58 21 date. The plan termination date shall be either three, 58 22 four, or five years after the date the eligible member 58 23 commences membership in the plan. However, for the two=year 58 24 period beginningwith the first of the month following the 58 25 implementation date of this sectionApril 1, 2007, an eligible 58 26 member between sixty=two and sixty=four years of age may also 58 27 select a plan termination date that is one or two years after 58 28 the date the eligible member commences membership in the plan. 58 29 Sec. 128. Section 420.207, Code 2018, is amended to read as 58 30 follows: 58 31 420.207 Taxation in general. 58 32 Sections 426A.11 through 426A.15, 427.1, 427.8tothrough 58 33 427.11, 428.4, 428.20, 428.22, 428.23, 437.1, 437.3, 441.21, 58 34 443.1tothrough 443.3, 444.2 through 444.4, and 447.9to 58 35through 447.13, so far as applicable, apply to cities acting 59 1 under special charters. 59 2 Sec. 129. Section 422.7, subsection 2, paragraph i, Code 59 3 2018, is amended to read as follows: 59 4 i. Iowa finance authorityE911911 program bonds pursuant to 59 5 section 34A.20, subsection 6. 59 6 Sec. 130. Section 422.32, subsection 2, Code 2018, is 59 7 amended to read as follows: 59 8 2. The words, terms, and phrases defined in section 422.4, 59 9 subsections 4tothrough 6, 8, 9, 13, and 15tothrough 17, when 59 10 used in this division, shall have the meanings ascribed to them 59 11 in said section except where the context clearly indicates a 59 12 different meaning. 59 13 Sec. 131. Section 422D.3, Code 2018, is amended to read as 59 14 follows: 59 15 422D.3 Administration. 59 16 1. A local income surtax shall be imposed January 1 of 59 17 the fiscal year in which the favorable election was held for 59 18 tax years beginning on or after January 1, and is repealed as 59 19 provided in section 422D.1, subsection 4, as of December 31 for 59 20 tax years beginning after December 31. 59 21 2. The director of revenue shall administer the local 59 22 income surtax as nearly as possible in conjunction with the 59 23 administration of state income tax laws. The director shall 59 24 provide on the regular state tax forms for reporting local 59 25 income surtax. 59 26 3. An ordinance imposing a local income surtax shall adopt 59 27 by reference the applicable provisions of the appropriate 59 28 sections of chapter 422, division II. All powers and 59 29 requirements of the director in administering the state income 59 30 tax law apply to the administration of a local income surtax, 59 31 including but not limited to, the provisions of sections 422.4, 59 32 422.20tothrough 422.31, 422.68, 422.70, and 422.72tothrough 59 33 422.75. Local officials shall confer with the director of 59 34 revenue for assistance in drafting the ordinance imposing a 59 35 local income surtax. A certified copy of the ordinance shall 60 1 be filed with the director as soon as possible after passage. 60 2 4. The director, in consultation with local officials, 60 3 shall collect and account for a local income surtax and any 60 4 interest and penalties. The director shall credit local income 60 5 surtax receipts and any interest and penalties collected from 60 6 returns filed on or before November 1 of the calendar year 60 7 following the tax year for which the local income surtax is 60 8 imposed to a"locallocal income surtaxfund"fund established 60 9 in the department of revenue. All local income surtax receipts 60 10 and any interest and penalties received or refunded from 60 11 returns filed after November 1 of the calendar year following 60 12 the tax year for which the local income surtax is imposed shall 60 13 be deposited in or withdrawn from the state general fund and 60 14 shall be considered part of the cost of administering the local 60 15 income surtax. 60 16 Sec. 132. Section 423.3, subsection 47A, Code 2018, is 60 17 amended to read as follows: 60 18 47A.a.Subject to paragraph "b", theThe sales price from 60 19 the sale or rental of central office equipment or transmission 60 20 equipment primarily used by local exchange carriers and 60 21 competitive local exchange service providers as defined in 60 22 section 476.96; by franchised cable television operators, 60 23 mutual companies, municipal utilities, cooperatives, and 60 24 companies furnishing communications services that are not 60 25 subject to rate regulation as provided in chapter 476; by 60 26 long distance companies as defined in section 477.10; or for 60 27 a commercial mobile radio service as defined in 47 C.F.R. 60 28 {20.3 in the furnishing of telecommunications services on 60 29 a commercial basis. For the purposes of this subsection, 60 30 "central office equipment" means equipment utilized in the 60 31 initiating, processing, amplifying, switching, or monitoring 60 32 of telecommunications services. "Transmission equipment" means 60 33 equipment utilized in the process of sending information from 60 34 one location to another location. "Central office equipment" 60 35 and "transmission equipment" also include ancillary equipment 61 1 and apparatus which support, regulate, control, repair, test, 61 2 or enable such equipment to accomplish its function. 61 3b. The exemption in this subsection shall be phased in by 61 4 means of tax refunds as follows:61 5(1) If the sale or rental occurs on or after July 1, 2006, 61 6 through June 30, 2007, one=seventh of the state tax on the 61 7 sales price shall be refunded.61 8(2) If the sale or rental occurs on or after July 1, 2007, 61 9 through June 30, 2008, two=sevenths of the state tax on the 61 10 sales price shall be refunded.61 11(3) If the sale or rental occurs on or after July 1, 2008, 61 12 through June 30, 2009, three=sevenths of the state tax on the 61 13 sales price shall be refunded.61 14(4) If the sale or rental occurs on or after July 1, 2009, 61 15 through June 30, 2010, four=sevenths of the state tax on the 61 16 sales price shall be refunded.61 17(5) If the sale or rental occurs on or after July 1, 2010, 61 18 through June 30, 2011, five=sevenths of the state tax on the 61 19 sales price shall be refunded.61 20(6) If the sale or rental occurs on or after July 1, 2011, 61 21 through June 30, 2012, six=sevenths of the state tax on the 61 22 sales price shall be refunded.61 23(7) If the sale or rental occurs on or after July 1, 2012, 61 24 the sales price is exempt and no payment of tax and subsequent 61 25 refund are required.61 26c. For sales or rentals occurring on or after July 1, 2006, 61 27 through June 30, 2012, a refund of the tax paid as provided in 61 28 paragraph "b", subparagraph (1), (2), (3), (4), (5), or (6), 61 29 must be applied for, not later than six months after the month 61 30 in which the sale or rental occurred, in the manner and on the 61 31 forms provided by the department. Refunds shall only be of the 61 32 state tax collected. Refunds authorized shall accrue interest 61 33 at the rate in effect under section 421.7 from the first day of 61 34 the second calendar month following the date the refund claim 61 35 is received by the department.62 1 Sec. 133. Section 423.3, subsection 69A, Code 2018, is 62 2 amended to read as follows: 62 3 69A. The sales price from surcharges paid forE911911 62 4 service and wirelessE911911 service pursuant to chapter 34A. 62 5 Sec. 134. Section 423.8, Code 2018, is amended to read as 62 6 follows: 62 7 423.8 Legislative finding and intent. 62 8 1. The general assembly finds that Iowa should enter into 62 9 an agreement with one or more states to simplify and modernize 62 10 sales and use tax administration in order to substantially 62 11 reduce the burden of tax compliance for all sellers and for all 62 12 types of commerce. 62 13 2. It is the intent of the general assembly that 62 14 entering into this agreement will lead to simplification 62 15 and modernization of the sales and use tax law and not to 62 16 the imposition of new taxes or an increase or decrease in 62 17 the existing number of exemptions, unless such a result 62 18 is unavoidable under the terms of the agreement. Entering 62 19 into this agreement should not cause businesses to sustain 62 20 additional administrative burden. 62 21 3. It is the intent of the general assembly to provide 62 22 Iowa sellers impacted by the agreement with the assistance 62 23 necessary to alleviate administrative burdens that result 62 24 in participation in the agreement.The director and the 62 25 Iowa streamlined sales tax advisory council shall provide 62 26 recommendations to address the new administrative burden 62 27 identified in the Iowa streamlined sales tax advisory council 62 28 2005 report submitted to the Iowa general assembly. The 62 29 recommendations must be submitted to the general assembly by 62 30 January 1, 2007, and shall include the expenses associated and 62 31 all relevant data including but not limited to the number of 62 32 intrastate sellers impacted by the agreement.62 33 Sec. 135. Section 425.9, Code 2018, is amended to read as 62 34 follows: 62 35 425.9 Credits in excess of tax == appeals == refunds. 63 1 1. If the amount of credit apportioned to any homestead 63 2 under the provisions of this chapter in any year shall exceed 63 3 the total tax, exclusive of any special assessments levied 63 4 against said homestead, then such excess shall be remitted 63 5 by the county treasurer to the department of revenue to be 63 6 redeposited in the homestead credit fund and be reallocated the 63 7 following year by the department as providedhereunderin this 63 8 chapter. 63 9 2. If any claim for credit made hereunder has been denied 63 10 by the board of supervisors, and such action is subsequently 63 11 reversed on appeal, the credit shall be allowed on the 63 12 homestead involved in said appeal, and the director of revenue, 63 13 the county auditor, and the county treasurer shall make such 63 14 credit and change their books and records accordingly. 63 15 3. In the event the appealing taxpayer has paid one or both 63 16 of the installments of the tax payable in the year or years in 63 17 question on such homestead valuation, remittance shall be made 63 18 to such taxpayer of the amount of such credit. 63 19 4. The amount of such credit shall be allocated and paid 63 20 from the surplus redeposited in the homestead credit fund 63 21 provided for inthe first paragraph of this sectionsubsection 63 22 1. 63 23 Sec. 136. Section 425.10, Code 2018, is amended to read as 63 24 follows: 63 25 425.10 Reversal of allowed claim. 63 26 In the event any claim is allowed, and subsequently reversed 63 27 on appeal, any credit made thereunder shall be void, and the 63 28 amount of such credit shall be charged against the property in 63 29 question, and the director of revenue, the county auditor, and 63 30 the county treasurer are authorized and directed to correct 63 31 their books and records accordingly. The amount of such 63 32 erroneous credit, when collected, shall be returned by the 63 33 county treasurer to the homestead credit fund to be reallocated 63 34 the following year as providedhereinin this chapter. 63 35 Sec. 137. Section 426A.13, subsection 1, Code 2018, is 64 1 amended to read as follows: 64 2 1. A person named in section 426A.11, who is a resident of 64 3 and domiciled in the state of Iowa, shall receive a reduction 64 4 equal to the exemption, to be made from any property owned by 64 5 the person or owned by a family farm corporation of which the 64 6 person is a shareholder and occupant of the property and so 64 7 designated by proceeding as provided inthethis section. To 64 8 be eligible to receive the exemption, the person claiming it 64 9 shall have recorded in the office of the county recorder of 64 10 the county in which is located the property designated for the 64 11 exemption, evidence of property ownership by that person or the 64 12 family farm corporation of which the person is a shareholder 64 13 and the military certificate of satisfactory service, order 64 14 transferring to inactive status, reserve, retirement, order of 64 15 separation from service, honorable discharge or a copy of any 64 16 of these documents of the person claiming or through whom is 64 17 claimed the exemption. In the case of a person claiming the 64 18 exemption as a veteran described in section 35.1, subsection 2, 64 19 paragraph "b", subparagraph (6) or (7), the person shall file 64 20 the statement required by section 35.2. 64 21 Sec. 138. Section 427.1, subsection 21A, Code 2018, is 64 22 amended to read as follows: 64 23 21A. Dwelling unit property owned by community housing 64 24 development organization. Dwelling unit property owned and 64 25 managed by a community housing development organization, as 64 26 recognized by the state of Iowa and the federal government 64 27 pursuant to criteria for community housing development 64 28 organization designation contained in the HOME program of 64 29 the federal National Affordable Housing Act of 1990, if the 64 30 organization is also a nonprofit organization exempt from 64 31 federal income tax under section 501(c)(3) of the Internal 64 32 Revenue Code and owns and manages more than one hundred fifty 64 33 dwelling units that are located in a city with a population 64 34 of more than one hundred ten thousand.For the 2005 and 2006 64 35 assessment years, an application is not required to be filed to 65 1 receive the exemption.For the 2007 and subsequent assessment 65 2 years, an application for exemption must be filed with the 65 3 assessing authority not later than February 1 of the assessment 65 4 year for which the exemption is sought. Upon the filing and 65 5 allowance of the claim, the claim shall be allowed on the 65 6 property for successive years without further filing as long as 65 7 the property continues to qualify for the exemption. 65 8 Sec. 139. Section 427B.17, subsections 5 and 8, Code 2018, 65 9 are amended to read as follows: 65 10 5. Property assessed pursuant to this section shall not be 65 11 eligible to receive a partial exemption under sections 427B.1 65 12to 427B.6through 427B.5. 65 13 8. a. This section shall not apply to property assessed 65 14 by the department of revenue pursuant to sections 428.24to 65 15through 428.29, or chapters 433, 434, 437, 437A, 437B, and 65 16 438, and such property shall not receive the benefits of this 65 17 section. 65 18 b. Any electric power generating plant which operated during 65 19 the preceding assessment year at a net capacity factor of more 65 20 than twenty percent, shall not receive the benefits of this 65 21 section or of section 15.332. 65 22 Sec. 140. Section 453A.47A, subsection 6, Code 2018, is 65 23 amended to read as follows: 65 24 6. Issuance. Cities may issue retail permits to retailers 65 25 located within their respective limits. County boards of 65 26 supervisors may issue retail permits to retailers located in 65 27 their respective counties, outside of the corporate limits of 65 28 cities. The city or county shall submit a duplicate of any 65 29 application for a retail permit to the alcoholic beverages 65 30 division of the department of commerce within thirty days of 65 31 issuance of a permit. The alcoholic beverages division of the 65 32 department of commerce shall submit the current list of all 65 33 retail permits issued to the Iowa department of public health 65 34 by the last day of each quarter of a state fiscal year. 65 35 Sec. 141. Section 455A.9, Code 2018, is amended to read as 66 1 follows: 66 2 455A.9 Fees == publications. 66 3 1. The department may establish a schedule of fees for 66 4 subscriptions to publications produced by the department, 66 5 including periodicals. However, thissubsectionsection does 66 6 not apply to application forms and materials intended for 66 7 general distribution which explain departmental programs or 66 8 duties. 66 9 2. Fees shall be based on the amount required to recover the 66 10 reasonable costs of producing a publication, including costs 66 11 relating to preparing, printing, publishing, and distributing 66 12 the publication. 66 13 Sec. 142. Section 455G.31, subsection 3, Code 2018, is 66 14 amended to read as follows: 66 15 3. a. A retail dealer may use a dispenser that does not 66 16 satisfy the requirement in subsection 2 to dispense ethanol 66 17 blended gasoline classified as higher than E=10 ifany of the 66 18 following applies:66 19a. Reserved.66 20b.(1)Thethe dispenser's manufacturer has submitted the 66 21 dispenser to an independent testing laboratory to be listed as 66 22 compatible for use with E=85 gasoline. In addition, the retail 66 23 dealer must install an under=dispenser containment system with 66 24 electronic monitoring. The under=dispenser containment system 66 25 shall comply with applicable rules adopted by the department of 66 26 natural resources and the state fire marshal. 66 27(2)b. If within ten years from the date that a dispenser 66 28 described insubparagraph (1)paragraph "a" is installed, 66 29 the same model of dispenser is listed as compatible for use 66 30 with E=85 gasoline by an independent testing laboratory, 66 31 the dispenser shall be deemed as compatible for use with 66 32 ethanol blended gasoline classified as E=9 or higher up to 66 33 and including E=85 by the department of natural resources 66 34 and the state fire marshal. However, if after that time, 66 35 the same model of dispenser is not listed as compatible for 67 1 use with E=85 gasoline by an independent testing laboratory, 67 2subparagraph (1)paragraph "a" no longer applies,and the retail 67 3 dealer mustdo any of the following:67 4(a)Upgradeupgrade or replace the dispenser as necessary to 67 5 be listed as compatible for use with E=85 gasoline. 67 6(b) Comply with the requirements in paragraph "a".67 7 Sec. 143. Section 465C.3, Code 2018, is amended to read as 67 8 follows: 67 9 465C.3 Membership. 67 10 1. The board shall be composed of seven members, six of 67 11 which shall be appointed by the governor. The commission, the 67 12 conservation committee of the Iowa academy of science, and the 67 13 state historical society shall submit to the governor a list of 67 14 possible appointments. Members shall be selected from persons 67 15 with a demonstrated interest in the preservation of natural 67 16 lands and waters, and historic sites. The director shall serve 67 17 as one member of the board. Any vacancies on the board shall be 67 18 filled, for the remainder of the term vacated, by appointment 67 19 by the governor provided by this chapter. 67 20 2.The first members appointed after the effective date 67 21 of this chapter shall serve as follows: Two members to serve 67 22 until July 1, 1968; two members to serve until July 1, 1969; 67 23 two members to serve until July 1, 1970, and the director shall 67 24 serve as long as the director is director.Members shall 67 25 serve until their successors are appointed and qualified. The 67 26 director shall serve as long as the director is director. As 67 27 terms of membersso appointedexpire, their successors shall 67 28 be appointed for terms to expire three years thereafter. Any 67 29 member who has served two consecutive full terms will not be 67 30 eligible for reappointment for a period of one year following 67 31 the expiration of the member's second term. 67 32 Sec. 144. Section 466B.31, subsection 3, paragraph c, Code 67 33 2018, is amended to read as follows: 67 34 c. Facilitating the implementation of total maximum daily 67 35 loads, urban storm water control programs, and nonpoint source 68 1 management practices required or authorized under the federal 68 2 Water Pollution Control Act. This paragraph shall not be 68 3 construed to obviate the requirement to develop a total maximum 68 4 daily load for waters that do not meet water quality standards 68 5 as required by section 303(d) of the federal Water Pollution 68 6 Control Act or to delay implementation of a total maximum 68 7 daily load that has been approved by the department of natural 68 8 resources and the director. 68 9 Sec. 145. Section 476.44, subsection 2, paragraph a, Code 68 10 2018, is amended to read as follows: 68 11 a. An electric utility subject to this subchapter, except 68 12 a utility that elects rate regulation pursuant to section 68 13 476.1A, shall not be required to own or purchase, at any one 68 14 time, more than its share of one hundred five megawatts of 68 15 power fromalternativealternate energy production facilities 68 16 or small hydro facilities at the rates established pursuant to 68 17 section 476.43. The board shall allocate the one hundred five 68 18 megawatts based upon each utility's percentage of the total 68 19 Iowa retail peak demand, for the year beginning January 1, 68 20 1990, of all utilities subject to this section. If a utility 68 21 undergoes reorganization as defined in section 476.76, the 68 22 board shall combine the allocated purchases of power for each 68 23 utility involved in the reorganization. 68 24 Sec. 146. Section 476.46, subsection 2, paragraph d, 68 25 subparagraph (1), Code 2018, is amended to read as follows: 68 26 (1) A gas or electric utility that is not required to be 68 27 rate=regulated shall not be eligible for a loan under this 68 28 section. However, gas and electric utilities not required 68 29 to be rate=regulated shall be eligible for loans from moneys 68 30 remitted to the fundexcept as provided in subsection 3. Such 68 31 loans shall be limited to a maximum of five hundred thousand 68 32 dollars per applicant and shall be limited to one loan every 68 33 two years. 68 34 Sec. 147. Section 478.19, Code 2018, is amended to read as 68 35 follows: 69 1 478.19 Manner of construction. 69 2 1.SuchTransmission lines shall be built of strong and 69 3 proper wires attached to strong and sufficient supports 69 4 properly insulated at all points of attachment; all wires, 69 5 poles, and other devices which by ordinary wear or other causes 69 6 are no longer safe shall be removed and replaced by new wires, 69 7 poles, or other devices, as the case may be, and all abandoned 69 8 wires, poles, or other devices shall be at once removed. Where 69 9 wires carrying current are carried across, either above or 69 10 below wires used for other service, the said transmission 69 11 line shall be constructed in such manner as to eliminate, so 69 12 far as practicable, damages to persons or property by reason 69 13 of said crossing. There shall also be installed sufficient 69 14 devices to automatically shut off electric current through 69 15 said transmission line whenever connection is made whereby 69 16 current is transmitted from the wires of said transmission line 69 17 to the ground, and there shall also be provided a safe and 69 18 modern improved device for the protection of said line against 69 19 lightning. The utilities board shall have power to make and 69 20 enforce such further and additional rules relating to location, 69 21 construction, operation and maintenance ofsaidtransmission 69 22linelines as may be reasonable. 69 23 2. All transmission lines, wires or cables outside of 69 24 cities for the transmission, distribution or sale of electric 69 25 current at any voltage shall be constructed and maintained in 69 26 accordance with standards adopted by rule by the utilities 69 27 board. 69 28 Sec. 148. Section 479.7, Code 2018, is amended to read as 69 29 follows: 69 30 479.7 Hearing == notice. 69 31 1. Upon the filing ofsaidthe petition, the board shall 69 32 fix a date for hearingthereonon the petition and shall cause 69 33 noticethereofof hearing to be published in some newspaper 69 34 of general circulation in each county through whichsaidthe 69 35 proposed line or lines or gas storage facilities will extend; 70 1 said. The noticetoshall be published for two consecutive 70 2 weeks. 70 3 2. Where a petition seeks the use of the right of eminent 70 4 domain over specific parcels of real property, the board shall 70 5 prescribe the notice to be served upon the owners of record and 70 6 parties in possession of the property over which the use of the 70 7 right of eminent domain is sought. The notice shall include 70 8 the statement of individual rights required pursuant to section 70 9 6B.2A. 70 10 Sec. 149. Section 480.4, subsection 1, paragraph c, 70 11 subparagraph (8), Code 2018, is amended to read as follows: 70 12 (8) If known, the quarter section,E911911 address and 70 13 global positioning system coordinate, name of property owner, 70 14 name of housing development with street address or block and 70 15 lot numbers, or both. 70 16 Sec. 150. Section 481A.32, Code 2018, is amended to read as 70 17 follows: 70 18 481A.32 Violations == penalties. 70 19 1.Whoever shall take, catch, kill, injure, destroy, have 70 20A person who does any of the following is guilty of a simple 70 21 misdemeanor and shall be assessed a minimum fine of twenty 70 22 dollars for each offense for which no other punishment is 70 23 provided: 70 24 a. Takes, catches, kills, injures, destroys, has in 70 25 possession,buy, sell, ship, or transportbuys, sells, ships, 70 26 or transports any frogs, fish, mussels, birds, their nests, 70 27 eggs, or plumage, fowls, game, or animals or their fur or raw 70 28 pelt in violation of the provisions of this chapter or of 70 29 administrative rules of the commissionor whoever shall use. 70 30 b. Uses any device, equipment, seine, trap, net, tackle, 70 31 firearm, drug, poison, explosive, or other substance or means, 70 32 the use of which is prohibited by this chapter, or use the 70 33 same. 70 34 c. Uses any device, equipment, seine, trap, net, tackle, 70 35 firearm, drug, poison, explosive, or other substance or means 71 1 at a time, place, or in a manner or for a purpose prohibited, 71 2 or do. 71 3 d. Does any other act in violation of the provisions of 71 4 this chapter or of administrative rules of the commissionfor 71 5 which no other punishment is provided, is guilty of a simple 71 6 misdemeanor and shall be assessed a minimum fine of twenty 71 7 dollars for each offense. 71 8 2. Each fish, fowl, bird, bird's nest, egg, or plumage, and 71 9 animal unlawfully caught, taken, killed, injured, destroyed, 71 10 possessed, bought, sold, or shipped shall be a separate 71 11 offense. 71 12 3. A person convicted of taking a deer, antelope, moose, 71 13 buffalo, or elk with a prohibited weapon as defined by rules 71 14 of the department, is subject to a fine of one hundred dollars 71 15 for each offense committed while taking the animal with the 71 16 prohibited weapon. 71 17 Sec. 151. Section 481A.47, Code 2018, is amended to read as 71 18 follows: 71 19 481A.47 Importing fish and game == permits. 71 20 1.It shall be unlawful except as otherwise provided for any 71 21Unless application is first made in writing to the commission 71 22 for a permit and a permit is granted, a person, firm, or 71 23 corporation, toshall not, except as otherwise provided, bring 71 24 into the state of Iowa for the purpose of propagating or 71 25 introducing, ortoplace or introduce into any of the inland or 71 26 boundary waters of the state, any fish or spawn thereof that 71 27 are not native to such waters, or introduce or stock any bird 71 28 or animalunless application is first made in writing to the 71 29 commission for a permit therefor and such permit granted. 71 30 2.SuchA permit shall be granted only after the commission 71 31 has made such investigation or inspection of the fish, birds, 71 32 or animals asitthe commission may deem necessary to determine 71 33 whether or not such fish, birds, or animals are free from 71 34 disease and whether or not such introduction will be beneficial 71 35 or detrimental to the native wildlife and the people of the 72 1 state, and may or may not approve such planting, releasing, or 72 2 introduction according to its findings. 72 3 3. Nothing inthe abovethis section shall prohibit licensed 72 4 game breeders from securing native or exotic birds or animals 72 5 from outside the state and bringing them into the state and 72 6theya game breeder shall not be required to have a permit as 72 7 providedabovein this section when such birds or animals are 72 8 not released to the wild but are held on the game breeder's 72 9 premises as breeding stock. 72 10 Sec. 152. Section 481A.59, Code 2018, is amended to read as 72 11 follows: 72 12 481A.59 Pigeons == interference prohibited. 72 13 1. It shall be unlawful for any person or persons, except 72 14 the owner or the owner's representatives, to shoot, kill, maim, 72 15 injure, steal, capture, detain, or to interfere with any homing 72 16 pigeon, commonly called "carrier pigeon", which shall at the 72 17 time, have the name, initials, or other identification of its 72 18 owner, stamped, marked, or attached thereon; or to remove any 72 19 mark, band, or other means of identification from such pigeon 72 20 which has the name, initials, or emblem of the owner stamped 72 21 or marked upon it. 72 22 2.Whoever shall violateA person who violates the 72 23 provisions of this section shall be punished as is provided in 72 24 section 481A.32. 72 25 Sec. 153. Section 488.1205, Code 2018, is amended to read 72 26 as follows: 72 27 488.1205 Savings clause. 72 28 This chapter does not affect an action commenced, proceeding 72 29 brought, or right accrued beforethis chapter takes effect 72 30January 1, 2005. 72 31 Sec. 154. Section 496C.10, Code 2018, is amended to read as 72 32 follows: 72 33 496C.10 Issuance of shares. 72 34 1. Shares of a professional corporation may be issued, and 72 35 treasury shares may be disposed of, only to individuals who are 73 1 licensed to practice in this state, or in any other state or 73 2 territory of the United States or in the District of Columbia, 73 3 a profession which the corporation is authorized to practice. 73 4 2. Unless otherwise provided in the articles of 73 5 incorporation or bylaws, the affirmative vote or consent in 73 6 writing of all of the outstanding shareholders entitled to 73 7 vote, or such lesser proportion as may be provided in the 73 8 articles or bylaws, is necessary in order to authorize the 73 9 issuance of any shares or the disposal of any treasury shares, 73 10 and to fix the consideration for shares or treasury shares. 73 11 3. No shares of a professional corporation shall at any 73 12 time be issued in, transferred into, or held in joint tenancy, 73 13 tenancy in common, or any other form of joint ownership or 73 14 co=ownership. 73 15 4. The Iowa securities law, chapter 502, shall not be 73 16 applicable to nor govern any transaction relating to any shares 73 17 of a professional corporation. 73 18 Sec. 155. Section 496C.20, Code 2018, is amended to read as 73 19 follows: 73 20 496C.20 Foreign professional corporation. 73 21 1. A foreign professional corporation may practice a 73 22 profession in this state if it complies with the provisions 73 23 of the Iowa business corporation Act, chapter 490, on foreign 73 24 corporations. The secretary of state may prescribe forms for 73 25 such purpose. 73 26 2. A foreign professional corporation may practice a 73 27 profession in this state only through shareholders, directors, 73 28 officers, employees, and agents who are licensed to practice 73 29 the profession in this state. The provisions of this chapter 73 30 with respect to the practice of a profession by a professional 73 31 corporation apply to a foreign professional corporation. 73 32 3. The certificate of authority of a foreign professional 73 33 corporation may be revoked by the secretary of state as 73 34 provided in the Iowa business corporation Act, chapter 490, if 73 35 the foreign professional corporation fails to comply with any 74 1 provision of this chapter. 74 2 4. This chapter shall not be construed to prohibit the 74 3 practice of a profession in this state by an individual who 74 4 is a shareholder, director, officer, employee, or agent of 74 5 a foreign professional corporation if the individual could 74 6 lawfully practice the profession in this state in the absence 74 7 of any relationship to a foreign professional corporation. 74 8The preceding sentenceThis subsection shall apply regardless 74 9 of whether or not the foreign professional corporation is 74 10 authorized to practice a profession in this state. 74 11 Sec. 156. Section 508.29, Code 2018, is amended to read as 74 12 follows: 74 13 508.29 Authority to write other insurance. 74 14 1. Any life insurance company organized on the stock or 74 15 mutual plan and authorized by its charter or articles of 74 16 incorporation so to do, may in addition to such life insurance, 74 17 insure, either individually or on the group plan, the health of 74 18 persons and against personal injuries, disablement or death, 74 19 resulting from traveling or general accidents by land or water, 74 20 and insure employers against loss in consequence of accidents 74 21 or casualties of any kind to employees or other persons, or 74 22 to property resulting from any act of the employee or any 74 23 accident or casualty to persons or property, or both, occurring 74 24 in or connected with the transaction of their business, or 74 25 from the operation of any machinery connected therewith, but 74 26 nothinghereincontained in this section shall be construed to 74 27 authorize any life insurance company to insure against loss 74 28 or injury to person, or property, or both, growing out of 74 29 explosion or rupture of steam boilers. An insurer may contract 74 30 with health care service providers and offer different levels 74 31 of benefits to policyholders based upon the provider contracts. 74 32 2. A company insuring risks authorized by this section shall 74 33 invest or hold in cash, funds equal to seventy=five percent of 74 34 the aggregate reserves and policy and contract claims for such 74 35 risks. Investments required by thisparagraphsubsection shall 75 1 only be made in securities enumerated in section 511.8, and are 75 2 subject to the same limitations as provided for the investment 75 3 of legal reserve, and are subject to section 511.8, subsections 75 4 16, 17, and 21. 75 5 Sec. 157. Section 514C.14, subsections 1 and 3, Code 2018, 75 6 are amended to read as follows: 75 7 1. Except as provided under subsection 2 or 3, a carrier, 75 8 as defined in section 513B.2, or a plan established pursuant 75 9 to chapter 509A for public employees,whichthat terminates 75 10 its contract with a participating health care provider, 75 11 shall continue to provide coverage under the contract to a 75 12 covered person in the second or third trimester of pregnancy 75 13 for continued care from such health care provider. Such 75 14 persons may continue to receive such treatment or care through 75 15 postpartum care related to the child birth and delivery. 75 16 Payment for covered benefits and benefit levels shall be 75 17 according to the terms and conditions of the contract. 75 18 3. A carrier or a plan established under chapter 509A, 75 19whichthat terminates the contract of a participating health 75 20 care provider for cause shall not be liable to pay for health 75 21 care services provided by the health care provider to a covered 75 22 person following the date of termination. 75 23 Sec. 158. Section 543B.16, subsection 1, Code 2018, is 75 24 amended to read as follows: 75 25 1. Every applicant for areal estatelicense shall apply in 75 26 writing upon blanks prepared or furnished by the real estate 75 27 commission. The real estate commission shall not require 75 28 that a recent photograph of the applicant be attached to the 75 29 application. The real estate commission shall only require an 75 30 applicant to disclose on the application criminal convictions 75 31 for crimes classified as indictable offenses. 75 32 Sec. 159. Section 543B.43, Code 2018, is amended to read as 75 33 follows: 75 34 543B.43 Penalties. 75 35 Any person found guilty of violating a provision of sections 76 1 543B.1tothrough 543B.24 and sections 543B.27 through 543B.41 76 2 in a first offense shall be guilty of a simple misdemeanor. 76 3 Sec. 160. Section 543B.46, subsection 4, Code 2018, is 76 4 amended to read as follows: 76 5 4. Each broker required to maintain a trust account pursuant 76 6 to this section shall only deposit trust funds as directed by 76 7 the principal of a transaction constituting dealing in real 76 8 estate asdefineddescribed in section 543B.6 in the common 76 9 trust account and shall not commingle the broker's personal 76 10 funds or other funds in the trust account with the exception 76 11 that a broker may deposit and keep a sum not to exceed one 76 12 thousand dollars in the account from the broker's personal 76 13 funds, which sum shall be specifically identified and deposited 76 14 to cover bank service charges relating to the trust account. 76 15 Sec. 161. Section 544A.5, Code 2018, is amended to read as 76 16 follows: 76 17 544A.5 Duties. 76 18 The architectural examining board shall enforce this 76 19 chapter, shallmakeadopt rules pursuant to chapter 17A 76 20 for the examination of applicants for the license provided 76 21 by this chapter, and shall, after due public notice, hold 76 22 meetings each year for the purpose of examining applicants for 76 23 licensure and the transaction of business pertaining to the 76 24 affairs of the board. Examinations shall be given as often 76 25 as deemed necessary, but not less than annually. Action at a 76 26 meeting shall not be taken without the affirmative votes of a 76 27 majority of the members of the board. The administrator of the 76 28 professional licensing and regulation bureau of the banking 76 29 division of the department of commerce shall hire and provide 76 30 staff to assist the board with implementing this chapter. 76 31 Sec. 162. Section 544A.16, subsection 11, Code 2018, is 76 32 amended to read as follows: 76 33 11. "Professional consultant" means a person who is 76 34 required by the laws of this state to hold a current and valid 76 35 certificate of registration or license in the field of the 77 1 person's professional practice, and who is employed by the 77 2 architect to perform, or who offers to perform professional 77 3 services as a consultant to the architect, in connection with 77 4 the design, preparation of construction documents or other 77 5 technical submissions, or construction of one or more buildings 77 6 or structures, and the space within and surrounding the 77 7 buildings or structures. 77 8 Sec. 163. Section 556F.18, Code 2018, is amended to read as 77 9 follows: 77 10 556F.18 Failure to comply. 77 11 If any person shall take up any boat or vessel, or any logs 77 12 or lumber, or shall find any goods, money, bank notes, or other 77 13 things, and shall fail to comply with the requirements of this 77 14 chapter, the person shall forfeit and pay the sum of twenty 77 15 dollars, to be recovered in an action by any person who will 77 16 sue for the same, one half for the use of the person suing and 77 17 the other half to be deposited in the county treasury for the 77 18 use of thecommon schoolsschool districts; but nothing herein 77 19 contained shall prevent the owner from having and maintaining 77 20 an action for the recovery of any damage the owner may sustain. 77 21 Sec. 164. Section 559.1, Code 2018, is amended to read as 77 22 follows: 77 23 559.1 Release by donee of power. 77 24 1. A power to appoint which is exercisable by deed, by 77 25 will, by deed or will, or otherwise, in whole or to any extent 77 26 in favor of the donee of the power, the donee's estate, the 77 27 donee's creditors, the creditors of the donee's estate, or 77 28 others, is releasable, either with or without consideration, by 77 29 written instrument executed by the donee. If such instrument 77 30 shall be executed and acknowledged in the manner provided for 77 31 the execution and acknowledgment of instruments affecting real 77 32 estate and recorded with the county recorder in the county in 77 33 which the donee of the power resides or the county of last 77 34 residence of the donor of the power of the county in which 77 35 any real estate which may be subject to the power is located, 78 1 such recording shall be deemed a sufficient delivery of such 78 2 release. 78 3 2. A power to appoint describedhereinin this section 78 4 is releasable with respect to the whole or any part of the 78 5 property subject to such power and is also releasable in such 78 6 manner as to reduce or limit the persons or objects, or classes 78 7 of persons or objects in whose favor such power would otherwise 78 8 be exercisable. 78 9 3. It is hereby declared that such releases are in 78 10 accordance with the public policy of this state and are valid 78 11 and effectualwhether heretofore or hereafterwhen made. 78 12 Sec. 165. Section 587.12, subsection 1, Code 2018, is 78 13 amended to read as follows: 78 14 1. In all actions or in proceedings in probate where an 78 15 order, judgment, or decree has been entered prior to July 1, 78 16 1970, based upon service of notice by publication as provided 78 17 by rule 60 of the Iowa rules of civil procedure,Iowa court 78 18 rules, third editionCode 1966, or any statute authorizing 78 19 publication of notice or upon service of notice by publication 78 20 or posting pursuant to authorization or direction of any court 78 21 of competent jurisdiction in the state of Iowa, all such 78 22 orders, judgments, or decrees are hereby declared valid and 78 23 of full force and effect, unless an action shall be commenced 78 24 within the time provided in subsection 2hereofto question 78 25 such order, judgment, or decree, or any right or status 78 26 created, confirmed, or existing thereunder. 78 27 Sec. 166. Section 602.1610, subsection 1, paragraph c, Code 78 28 2018, is amended to read as follows: 78 29 c. The mandatory retirement age is seventy=two years for 78 30 all district associate judges, associate juvenile judges, 78 31 associate probate judges, and judicial magistrates.However, 78 32 the mandatory retirement age does not apply to an associate 78 33 juvenile judge or associate probate judge who is seventy=two 78 34 years of age or older on July 1, 1996.78 35 Sec. 167. Section 602.6404, subsection 3, Code 2018, is 79 1 amended to read as follows: 79 2 3. A magistrate shall be an attorney licensed to practice 79 3 law in this state.However, a magistrate not admitted to 79 4 the practice of law in this state and who is holding office 79 5 on April 1, 2009, shall be eligible to be reappointed as a 79 6 magistrate in the same county for a term commencing August 1, 79 7 2009, and subsequent successive terms.79 8 Sec. 168. Section 607A.35, Code 2018, is amended to read as 79 9 follows: 79 10 607A.35 Notice to report. 79 11 After thelist or listsjurors have beendrawnidentified in 79 12 the manner provided in section 607A.33, and immediately upon 79 13 the request of the court, the clerk shall issue a notice to 79 14 report, by regular mail, to the persons identified to appear at 79 15 the courthouse at times as the court prescribes, for service as 79 16 petit or grand jurors. 79 17 Sec. 169. Section 607A.41, Code 2018, is amended to read as 79 18 follows: 79 19 607A.41 Method of subsequent drawing. 79 20 The names of the new or additional jurors shall be drawn from 79 21 the jurors identified under sections 607A.39 and 607A.40shall 79 22 be drawnby the electronic data processing system that was used 79 23 to draw the original jury pool or panel. 79 24 Sec. 170. Section 704.2A, subsection 1, paragraph a, 79 25 subparagraph (1), Code 2018, is amended to read as follows: 79 26 (1) Unlawfully entering by force or stealth the dwelling, 79 27 place of business or employment, or occupied vehicle of the 79 28 person using forceby force or stealth, or has unlawfully 79 29 entered by force or stealth and remains within the dwelling, 79 30 place of business or employment, or occupied vehicle of the 79 31 person using force. 79 32 Sec. 171. Section 707.11, subsection 5, paragraph b, Code 79 33 2018, is amended to read as follows: 79 34 b. For purposes of determining the category of sentence 79 35 under section 903A.2, the fact finder shall determine whether 80 1 the attempt to commit murder was committed against a peace 80 2 officer, with the knowledge that the person against whom the 80 3 attempt to commit murder was committed was a peace officer 80 4 acting in the officer's official capacity. 80 5 Sec. 172. Section 709.22, subsection 1, paragraph c, Code 80 6 2018, is amended to read as follows: 80 7 c. Providing a victim with immediate and adequate notice 80 8 of the victim's rights. The notice shall consist of handing 80 9 the victim a document that includes the telephone numbers of 80 10 shelters, support groups, and crisis lines operating in the 80 11 area and containsa copy ofthe following statement of rights 80 12 written in English and Spanish; asking the victim to read the 80 13statementdocument; and asking whether the victim understands 80 14 the rights: 80 15 [1] You have the right to ask the court for help with any of 80 16 the following on a temporary basis: 80 17 [a] Keeping your attacker away from you, your home, and your 80 18 place of work. 80 19 [b] The right to stay at your home without interference from 80 20 your attacker. 80 21 [c] The right to seek a no=contact order under section 664A.3 80 22 or 915.22, if your attacker is arrested for sexual assault. 80 23 [2] You have the right to register as a victim with the 80 24 county attorney under section 915.12. 80 25 [3] You have the right to file a complaint for threats, 80 26 assaults, or other related crimes. 80 27 [4] You have the right to seek restitution against your 80 28 attacker for harm to you or your property. 80 29 [5] You have the right to apply for victim compensation. 80 30 [6] You have the right to contact the county attorney or 80 31 local law enforcement to determine the status of your case. 80 32 [7] If you are in need of medical treatment, you have 80 33 the right to request that the officer present assist you in 80 34 obtaining transportation to the nearest hospital or otherwise 80 35 assist you. 81 1 [8] You have the right to a sexual assault examination 81 2 performed at state expense. 81 3 [9] You have the right to request the presence of a victim 81 4 counselor, as defined in section 915.20A, at any proceeding 81 5 related to an assault including a medical examination. 81 6 [10] If you believe that police protection is needed for your 81 7 physical safety, you have the right to request that the officer 81 8 present remain at the scene until you and other affected 81 9 parties can leave or until safety is otherwise ensured. 81 10 Sec. 173. Section 714.19, unnumbered paragraph 1, Code 81 11 2018, is amended to read as follows: 81 12 The provisions of sections 714.17toand 714.18, this 81 13 section, and sections 714.20 and 714.21 shall not apply to the 81 14 following: 81 15 Sec. 174. Section 716.7, subsection 2, paragraph a, 81 16 subparagraph (2), unnumbered paragraph 1, Code 2018, is amended 81 17 to read as follows: 81 18 Entering or remaining upon or in property without 81 19 justification after being notified or requested to abstain from 81 20 entering or to remove or vacate therefrom by the owner, lessee, 81 21 or person in lawful possession, or the agent or employee of 81 22 the owner, lessee, or person in lawful possession, or by any 81 23 peace officer, magistrate, or public employee whose duty it is 81 24 to supervise the use or maintenance of the property. A person 81 25 hasreceived noticebeen notified to abstain from entering 81 26 or remaining upon or in property within the meaning of this 81 27 subparagraph (2) if any of the following is applicable: 81 28 Sec. 175. Section 716.8, subsection 7, Code 2018, is amended 81 29 to read as follows: 81 30 7. Any person whointentionally trespassescommits a 81 31 trespass as defined in section 716.7, subsection 2, paragraph 81 32 "a", subparagraph (7), commits a serious misdemeanor. 81 33 Sec. 176. Section 724.3, Code 2018, is amended to read as 81 34 follows: 81 35 724.3 Unauthorized possession of offensive weapons. 82 1 Any person, other than a person authorizedhereinin this 82 2 chapter, who knowingly possesses an offensive weapon commits a 82 3 class "D" felony. 82 4 Sec. 177. Section 724.5, subsection 2, Code 2018, is amended 82 5 to read as follows: 82 6 2. A person charged with a violation of subsection 1 who 82 7 produces to the clerk of the district court prior to the 82 8 date of the person's court appearance proof that the person 82 9 possesses a valid permit to carry weapons which was valid at 82 10 the time of the alleged offense, shall not be convicted of a 82 11 violation of subsection 1 and the charge shall be dismissed by 82 12 the court. Upon dismissal, the court shall assess the costs 82 13 of the action against the person named on theindictment or 82 14 informationcomplaint. 82 15 Sec. 178. Section 730.5, subsection 11, paragraph f, Code 82 16 2018, is amended to read as follows: 82 17 f. Testing or taking action against anindividualemployee 82 18 or prospective employee with a confirmed positive test result 82 19 due to theindividual'semployee's or prospective employee's 82 20 use of medical cannabidiol as authorized under chapter 124E. 82 21 Sec. 179. Section 805.8A, subsection 5, paragraph b, Code 82 22 2018, is amended to read as follows: 82 23 b. Excessive speedin whatever amountby a school bus is 82 24not a scheduled violation under any section listed in this 82 25punishable as provided in subsection 10. 82 26 Sec. 180. REPEAL. Sections 15.106E, 96.7A, 105.31, and 82 27 105.32, Code 2018, are repealed. 82 28 Sec. 181. 2017 Iowa Acts, chapter 136, is amended by adding 82 29 the following new section: 82 30 NEW SECTION. SEC. 15A. Section 34A.15, subsection 4, Code 82 31 2017, is amended to read as follows: 82 32 4. The council may provide grants, subject to available 82 33 moneys in theE911911 emergency communications fund, to public 82 34 safety answering points agreeing to consolidate pursuant to 82 35 section 34A.7A, subsection 2, paragraph "h". 83 1 Sec. 182. RETROACTIVE APPLICABILITY. The following apply 83 2 retroactively to July 1, 2017: 83 3 1. The section of this Act amending section 124.401. 83 4 2. The sections of this Act amending section 155A.6A. 83 5 3. The section of this Act amending 2017 Iowa Acts, chapter 83 6 136. 83 7 EXPLANATION 83 8 The inclusion of this explanation does not constitute agreement with 83 9 the explanation's substance by the members of the general assembly. 83 10 This bill contains statutory corrections that adjust 83 11 language to reflect current practices, insert earlier 83 12 omissions, delete redundancies and inaccuracies, delete 83 13 temporary language, resolve inconsistencies and conflicts, 83 14 update ongoing provisions, or remove ambiguities. The Code 83 15 sections amended include the following: 83 16 Sections 1.8, 1.13, and 1.14: Changes "to" to "through" 83 17 in string citations to clarify that the last Code section 83 18 referenced is included in the citation in these provisions 83 19 which relate to the sovereignty and jurisdiction of the state. 83 20 In sections 1.13 and 1.14, numeric self=references are also 83 21 replaced with the words "this section". 83 22 Section 6A.22: Repeats initial qualifying language to 83 23 improve the readability of language defining "public use", 83 24 "public purpose", or "public improvement" under the eminent 83 25 domain Code chapter. When 2017 Iowa Acts, chapter 170, 83 26 section 58, added a new qualifying phrase to the portion of the 83 27 language relating to functions of public utilities, the grammar 83 28 of the rest of the series in the sentence was inadvertently 83 29 disrupted. 83 30 Section 8B.21: Supplies, consistent with other language in 83 31 the section, missing language indicating that it is the office 83 32 of chief information officer which is responsible for preparing 83 33 an annual report to the governor, department of management, and 83 34 the general assembly regarding the total spending on technology 83 35 for the previous fiscal year. 84 1 Section 8C.7A: Adds initial July 1, 2017, deadline 84 2 language, which appears to be implied by a later July 1, 84 3 2017, cutoff date, in language specifying the date by which 84 4 governmental authorities must have adopted municipal or county 84 5 codes requiring an application or permit for the installation, 84 6 placement, operation, maintenance, or replacement of a 84 7 micro wireless facility in order to continue to impose that 84 8 requirement. 84 9 Section 12C.5: Deletes redundant language that replicates 84 10 a requirement currently contained in Code section 12B.10, 84 11 subsection 4, paragraph "a", subparagraph (6). This language 84 12 originally modified other language establishing requirements 84 13 for investments if money could not be deposited in any approved 84 14 depository, but that other language was stricken by 1984 Iowa 84 15 Acts, chapter 1230, section 9. 84 16 Section 15.106E: Repeals this Code section which provided 84 17 for a review of the economic development authority and its 84 18 activities by the general assembly and the issuance of a report 84 19 by January 1, 2015. 84 20 Section 15.293B: Revises the language of subsection 84 21 1, paragraph "i", relating to additional applications for 84 22 redevelopment tax credits, to conform that language to similar 84 23 language in subsection 2, paragraph "g", which indicates that 84 24 it is the applications for funds, not the applicants, that are 84 25 reviewed and scored by the economic development authority. 84 26 Sections 16.161, 422.7, 423.3, and 480.4: Corrects 84 27 references to the 911 program and bonds issued under the 911 84 28 program in Code chapter 34A, based on similar changes made to 84 29 the program name by 2017 Iowa Acts, chapter 136, and numbers 84 30 unnumbered paragraphs in one Code section. 84 31 Section 20.3: Numbers an unnumbered paragraph and 84 32 enumerates the items which currently appear after a colon 84 33 and conforms other language to more current Code style in 84 34 the definitions of the terms "confidential employee" and 84 35 "professional employee" which apply to the Code chapter 85 1 governing collective bargaining. 85 2 Section 22.15: Conforms terminology to other uses within 85 3 this same Code section relating to information that is placed 85 4 in employee personnel records. 85 5 Section 29A.27: Updates an archaic internal reference 85 6 describing the applicability of the pay and benefits 85 7 requirements in this Code section regarding pay and allowances 85 8 that must be paid to officers and enlisted persons while on 85 9 state active duty. 85 10 Sections 30.3 and 30.4: Adds the words "of natural 85 11 resources" after references to "department" in several places, 85 12 because "department" is defined for purposes of Code chapter 30 85 13 as meaning the department of homeland security and emergency 85 14 management and because the department of natural resources 85 15 is being referred to in these instances in these provisions 85 16 outlining the duties of various departments in the case of a 85 17 chemical emergency. 85 18 Section 34A.3: Restructures, to clarify the language of 85 19 this provision relating to the circumstances under which 85 20 the 911 program manager may order the combining of certain 85 21 territories into an adjacent 911 service area. 85 22 Section 34A.8: Replaces the word "it" with the words 85 23 "local exchange service information" to clarify the meaning of 85 24 language describing what information must be kept confidential 85 25 by a joint 911 service board, other state and local officials, 85 26 designated 911 service providers, public safety answering 85 27 points, and their agents, employees, and assigns. 85 28 Section 35C.5: Divides this single paragraph Code section 85 29 into numbered subsections based upon Code section content, 85 30 updates archaic language, and divides run=on sentences in two 85 31 to improve the readability of this provision regarding appeals 85 32 from administrative and judicial proceedings related to a 85 33 denial of veterans preference to an individual entitled to that 85 34 preference. 85 35 Section 37.6: Changes "to" to "through" in a string citation 86 1 to clarify that the last Code section referenced is included in 86 2 the citation and substitutes specific Code section references 86 3 for "in accordance with provisions of law" to clarify the 86 4 meaning of this Code section relating to issuance of bonds by 86 5 counties and cities. 86 6 Section 43.5: Substitutes "otherwise provided in this 86 7 chapter" for "hereinafter provided" to clarify the meaning 86 8 of language describing the extent of the exception to the 86 9 applicability of various Code chapters to primary elections. 86 10 Section 43.20: Substitutes a specific reference to 86 11 subsection 1 for the word "above", in language describing how 86 12 to derive the number of signatures required for nomination 86 13 papers for candidates for certain public offices. 86 14 Sections 43.78 and 44.9: Conforms terminology used to 86 15 refer to commissioners of elections and other officers to 86 16 the terminology used elsewhere in the Code. The terminology 86 17 substituted may also be found in Code section 43.78, subsection 86 18 4. 86 19 Section 49.11: Conforms the style of the lead=in paragraph 86 20 phraseology to the phraseology used in the other paragraphs 86 21 of the same subsection in this provision outlining the 86 22 circumstances under which a county commissioner of elections 86 23 may change or consolidate election precincts. 86 24 Section 59.6: Substitutes the words "in this chapter" for 86 25 the word "herein" to clarify the meaning of this provision 86 26 limiting the applicability this Code chapter relating to the 86 27 contest of seats in the general assembly to the rights of the 86 28 general assembly to grant commissions, take depositions, or to 86 29 send for or examine witnesses in a trial in such a contest. 86 30 Section 68A.101: Corrects, effective July 1, 2018, the name 86 31 of this Code chapter governing campaign disclosure to reflect 86 32 the repeal of the income tax checkoff and the Iowa election 86 33 campaign fund on July 1, 2018, by 2017 Iowa Acts, chapter 144, 86 34 sections 13 and 14. 86 35 Section 68A.102: Strikes, effective July 1, 2018, the 87 1 definition of the term "state income tax liability" from 87 2 this Code chapter governing campaign disclosure to reflect 87 3 the repeal of the income tax checkoff and the Iowa election 87 4 campaign fund on July 1, 2018, by 2017 Iowa Acts, chapter 144, 87 5 sections 13 and 14. 87 6 Section 70A.26: Changes the words "deemed to be on" to 87 7 "granted" to conform to the terminology used elsewhere in this 87 8 Code section and divides this single paragraph Code section 87 9 relating to disaster service volunteer leave to separate the 87 10 leave provisions from provisions relating to tort claims and 87 11 other qualifying language. 87 12 Section 73.2: Strikes the archaic term, "hereafter" in this 87 13 Code section relating to preferences in advertisements for bids 87 14 and requests for proposals in public contracts. The language 87 15 was enacted in 1927 Iowa Acts, chapter 27, and "hereafter" 87 16 referred to April 14, 1927. 87 17 Section 84A.5: Adds a reference to Code section 73A.21 to 87 18 a list of Code chapters and sections which are administered 87 19 by the division of labor services based on language of Code 87 20 section 73A.21, which indicates that the labor commissioner and 87 21 the division of labor are responsible for the administration 87 22 and enforcement of the reciprocal resident bidder and labor 87 23 force preferences contained in that Code section. 87 24 Section 85.47: Splits a run=on sentence relating to 87 25 discharges of employer liability for payment of workers' 87 26 compensation benefits after the ordering of a commutation by 87 27 the workers' compensation commissioner. 87 28 Section 85.53: Conforms language relating to alien 87 29 dependents to similar language in Code section 85.51 and 87 30 replaces archaic language with more current language to improve 87 31 the grammar and readability of this provision relating to 87 32 notice by the workers' compensation commissioner to consular 87 33 agents of foreign countries of the death of an employee who 87 34 leaves one or more alien dependents. 87 35 Section 86.9: Numbers existing paragraphs, divides the 88 1 last paragraph to place language relating to distribution and 88 2 obtaining of reports in a separate subsection, and changes the 88 3 word "the annual report" to "an annual report" to eliminate 88 4 an inconsistency in the meaning of the second sentence when 88 5 compared to the first sentence in this Code section relating 88 6 to reports by the director of the department of workforce 88 7 development and commissioner of labor. 88 8 Section 88.1: Replaces the words "creating an" with 88 9 "providing for an adjudicatory process through the" which 88 10 appear before "employment appeal board" in language describing 88 11 the public policy which forms the basis for the provisions of 88 12 Code chapter 88, pertaining to occupational safety and health, 88 13 because the employment appeal board is created in Code section 88 14 10A.601, not Code chapter 88. 88 15 Section 92.2: Replaces the word "defined" with the word 88 16 "provided" in language establishing a prohibition against 88 17 employment of persons over 10 and under 16 years of age in 88 18 certain occupations described in Code section 92.1, because 88 19 although Code section 92.1 contains prohibitions against 88 20 employment in certain described occupations, the Code section 88 21 does not define those occupations. 88 22 Section 96.3: Deletes archaic references to July 1, 1939, 88 23 which are no longer needed to describe the applicability of 88 24 language regarding payment of unemployment benefits. 88 25 Section 96.7A: Repeals an obsolete Code section relating to 88 26 workforce development field offices which were eliminated by 88 27 the end of fiscal year 2006=2007. 88 28 Section 99F.4: Adds a comma, strikes the word "and", and 88 29 adds the word "from" to improve the readability of a series 88 30 describing the areas from which a person may be voluntarily 88 31 excluded under a process established by persons holding a 88 32 license to own or operate or conduct a gambling game operation, 88 33 a gambling structure, or excursion gambling boat. 88 34 Section 105.22: Corrects a typographical error in language 88 35 relating to the method by which a proof of a conviction of a 89 1 felony may be established for purposes of denial of a license 89 2 to practice to or discipline of a licensed contractor or 89 3 plumbing, mechanical, HVAC=refrigeration, sheet metal, or 89 4 hydronic professional. 89 5 Sections 105.31 and 105.32: Repeals two obsolete provisions 89 6 containing temporary transition provisions regarding the 89 7 expiration, renewal, and reissuance of licenses to practice as 89 8 a contractor or plumbing, mechanical, HVAC=refrigeration, sheet 89 9 metal, or hydronic professional. 89 10 Section 123.22: Separates and numbers the elements of the 89 11 prohibited acts described in this provision within the Code 89 12 chapter relating to alcoholic beverage control, and separates 89 13 those elements from the exceptions to the prohibitions. 89 14 Section 124.401: Reenacts an unnumbered paragraph as 89 15 amended by 2017 Iowa Acts, chapter 162, section 2, which was 89 16 inadvertently allowed to lapse under a delayed automatic repeal 89 17 in order to reinstate the language permitting the possession, 89 18 use, delivery, and administration of cannabidiol as provided 89 19 in the 2017 Iowa Act. The reenactment is made retroactively 89 20 applicable to July 1, 2017. 89 21 Sections 125.34, 125.75, 125.78, 125.80, 125.82, 125.91, 89 22 and 125.92: Adds the words "and surgeon or osteopathic 89 23 physician and surgeon" after the word "physician" to conform 89 24 to a terminology change made by 1982 Iowa Acts, chapter 1212, 89 25 section 24, and to mirror the terminology used elsewhere in 89 26 the Code in language relating to involuntary hospitalization 89 27 proceedings for substance=related disorders. 89 28 Section 135B.20: Conforms the terminology used in the 89 29 lead=in paragraph for the Code section containing the 89 30 definitions for the Code chapter governing the licensure and 89 31 regulation of hospitals to terminology used elsewhere in 89 32 similar provisions in the Code. 89 33 Section 135B.32: Replaces the word "herein" with the word 89 34 "subchapter" to clarify the meaning of language restricting 89 35 the applicability of provisions relating to the provision of 90 1 pathology and radiology services in hospitals to the tax=exempt 90 2 or nonprofit status of hospitals. 90 3 Section 135H.6: Restructures and renumbers this Code 90 4 section relating to the conditions for licensure of a proposed 90 5 psychiatric institution for children to conform to the 90 6 substance of the language in the Code section. 90 7 Section 136.2: Numbers paragraphs, modifies language 90 8 relating to annual appointments, and eliminates a reference 90 9 to the number of members whose terms expire in a given year 90 10 in this provision relating to the appointment of members to 90 11 the state board of health to reflect the 2005 addition of two 90 12 more members to that board's roster, which would result in the 90 13 expiration of more than three members' terms in certain years. 90 14 Section 136A.5B: Changes the word "subsection" to "section" 90 15 in this provision relating to the provision of certain 90 16 informational materials to pregnant women to reflect the 90 17 fact that the language describing the informational material 90 18 contents is in subsection 1 of this Code section, and the 90 19 publication mechanism requirements are in subsection 3. 90 20 Section 151.9: Changes the word "entry" to "license or 90 21 certificate" and adds the words "or certificate holder" to 90 22 conform to the content of the balance of this Code section and 90 23 Code chapter governing the practice of chiropractic to the 90 24 types of permissions to persons who practice chiropractic. 90 25 Section 152.11: Conforms a series of citations describing 90 26 the enforcement authority of the board of nursing to similar 90 27 language in Code section 152.4, by including a reference to 90 28 Code chapter 152E. 90 29 Section 154B.1: Adds the missing word "or" before the last 90 30 word in a series in this provision relating to registration of 90 31 pharmacy technicians who provide some services to patients with 90 32 serious medical conditions. 90 33 Section 155A.6A: Corrects two errors made when the changes 90 34 contained in 2017 Iowa Acts, chapter 29, section 45, were 90 35 enacted. The 2017 Iowa Act inadvertently struck language 91 1 that established a temporary pharmacy technician registration 91 2 program when striking obsolete language establishing a 91 3 temporary time frame within which certain pharmacy technicians 91 4 or pharmacy technician trainees could attain certification, 91 5 but also failed to strike an internal reference to the 91 6 obsolete language. The changes made to this Code section are 91 7 retroactively applicable to July 1, 2017. 91 8 Section 155A.13C: Strikes a reference to Code chapter 91 9 124A in this provision regulating pharmaceutical outsourcing 91 10 facilities. Code chapter 124A was repealed by 2017 Iowa Acts, 91 11 chapter 145, section 23, and subsumed, in part, into Code 91 12 chapter 124, which is still referenced in this provision. 91 13 Section 161A.38: Numbers paragraphs and changes 91 14 "hereinabove" to "subchapter" to clarify the meaning of 91 15 language relating to appeal rights of owners of land affected 91 16 by changes in assessments by the governing body under a 91 17 reclassification of lands within a soil and water conservation 91 18 subdistrict. 91 19 Section 161A.42: Conforms the hyphenation of the word 91 20 "cost=sharing" to the hyphenation used in the term defined in 91 21 this Code section and strikes a comma in language describing 91 22 the conditions for the establishment of a conservation 91 23 agreement related to a soil conservation plan or portion of 91 24 that plan. 91 25 Section 161A.43: Numbers unnumbered paragraphs and 91 26 corrects an internal reference in language relating to the 91 27 duty and liability of property owners within a soil and water 91 28 conservation district to establish and maintain soil and water 91 29 conservation practices or erosion control practices. 91 30 Section 166A.2: Splits a sentence to separate and improve 91 31 the readability of language relating to refusal to grant a 91 32 license application or revocation of the existing licenses of 91 33 sheep dealers under this Code chapter 166A, concerning the 91 34 control of scabies in sheep. 91 35 Section 166D.7: Adds two commas to set off prefatory and 92 1 independent clauses to improve the readability of language 92 2 relating to control of pseudorabies in swine. 92 3 Section 194.2: Numbers paragraphs, replaces "hereof" and 92 4 "herewith" with specific references to the Code chapter, adds 92 5 a reference to Code chapter 17A after language regarding 92 6 adoption of rules, and removes two commas to update and improve 92 7 the clarity of this provision relating to the enforcement of 92 8 requirements pertaining to the inspection and certification of 92 9 milk. 92 10 Section 194.4: Replaces "or" with semicolons in two places, 92 11 makes consistent the usage of the word "which", removes two 92 12 commas, and then adds a comma to a series to improve the 92 13 readability of this provision describing the conditions under 92 14 which milk is deemed to be unlawful. 92 15 Section 208.7: Strikes the word "However" based upon 92 16 Code section content indicating that the mining license fee 92 17 referenced is not just the fee for renewal of a mining license. 92 18 Section 212.3: Changes an internal self=reference to 92 19 the correct reference to Code section 212.2 describing bulk 92 20 commodity duplicate delivery tickets. 92 21 Section 216.6: Conforms terminology regarding 92 22 discriminatory practices in two instances to match the 92 23 terminology used elsewhere in this Code section regarding 92 24 unfair employment practices. 92 25 Section 216.13: Strikes obsolete language relating to the 92 26 involuntary retirement before January 1, 1980, of persons 92 27 covered by certain labor agreements and combines the rest 92 28 of language establishing the remaining criteria under which 92 29 certain persons may be required to retire involuntarily. 92 30 Section 225.30: Adds the words "or mental health 92 31 professional" to conform the language of this Code section to 92 32 changes made by 2017 Iowa Acts, chapter 34, in similar language 92 33 within Code section 229.10, which is referenced in this Code 92 34 section. 92 35 Sections 235B.3A, 235E.3, 236.12, 236A.13, and 709.22: 93 1 Conforms language of all of these provisions internally to 93 2 improve the readability and consistency of language describing 93 3 form documents which are provided to victims of abuse or other 93 4 criminal acts. 93 5 Sections 256I.7, 256I.8, and 256I.12: Includes language to 93 6 conform references to the early childhood Iowa initiative, the 93 7 initiative's programs and activities, and the ages of children 93 8 served by the initiative's programs and activities to other 93 9 references throughout the Code chapter. 93 10 Section 260C.22: Changes the word "law" to "subsection" 93 11 to clarify the meaning of language regarding construction of 93 12 language authorizing certain tax levies for the financing of 93 13 community college facilities. 93 14 Section 261.9: Changes the word "part" to "subchapter" in 93 15 the lead=in paragraph of this definitions section in the Code 93 16 chapter governing the activities of the college student aid 93 17 commission to reflect the fact that several of the definitions, 93 18 including the definition of the term "tuition grant", contained 93 19 in this Code section are used in and apply to other parts of 93 20 this subchapter. 93 21 Section 262.21: Moves a definition to the beginning of this 93 22 Code section regarding annuity contracts for employees of board 93 23 of regents institutions and numbers the resulting paragraphs 93 24 to facilitate citation. 93 25 Section 262.56: Replaces the word "hereinbefore" with a 93 26 specific reference to section 262.55 to clarify the meaning of 93 27 this Code section authorizing the state board of regents to 93 28 undertake certain projects and to operate, control, maintain, 93 29 and manage student residence halls and dormitories. Code 93 30 section 262.55 is the definitions section for the subchapter 93 31 relating to self=liquidating dormitories, which includes Code 93 32 section 262.56. 93 33 Sections 263.2, 263.10, 274.2, 275.27, 277.32, and 294.1: 93 34 Replaces references to the "common schools" which were 93 35 eliminated in favor of the current system of public and 94 1 accredited nonpublic schools sometime in the early 1900s, with 94 2 references to "public or accredited nonpublic schools". In 94 3 Code sections 263.2 and 294.1, unnumbered paragraphs are also 94 4 numbered to facilitate citation and archaic language is also 94 5 updated. 94 6 Sections 270.6 and 270.7: Conforms terminology used and 94 7 updates archaic language in these two provisions regarding the 94 8 process used for certification of amounts due from counties for 94 9 certain costs incurred for students at the school for the deaf. 94 10 Section 272.2: Conforms language used to describe certain 94 11 rulemaking procedures of the board of educational examiners to 94 12 language used elsewhere in the Code to describe rulemaking by 94 13 other state agencies under Code chapter 17A. 94 14 Section 274.39: Updates and simplifies archaic language 94 15 relating to the sale of land for national defense or flood 94 16 control purposes by a school district to the federal 94 17 government. 94 18 Section 275.4: Strikes an unnecessary "and" from a series 94 19 that describes the responsibilities of area education agencies 94 20 when developing school district reorganization studies and 94 21 surveys. 94 22 Section 275.9: Replaces a reference to "hereinabove" with a 94 23 series of specific citations, and replaces "hereinafter" with 94 24 the words "in this subchapter", to clarify language describing 94 25 the method by with the enlargement, reorganization, or boundary 94 26 change of a school district may be accomplished. 94 27 Section 275.13: Strikes an unnecessary "hereof" to update 94 28 and clarify language describing the affidavit which must 94 29 accompany a petition to enlarge, reorganize, or change the 94 30 boundaries of a school district. 94 31 Section 275.33: Changes "to" to "through" in two string 94 32 citations to clarify that the last Code section referenced 94 33 is included in the citation in this provision relating 94 34 to employment terms of superintendents, principals, and 94 35 teachers for school years following the effective date of the 95 1 enlargement of, reorganization of, or changes to the boundaries 95 2 of a school district. 95 3 Section 279.16: Changes "to" to "through" in string 95 4 citations to clarify that the last Code section referenced 95 5 is included in the citation in this provision governing the 95 6 procedures to be followed in hearings related to a termination 95 7 of a teacher's contract for employment. 95 8 Section 279.36: Strikes obsolete language related to fees 95 9 applicable to legal publications published prior to July 1, 95 10 1989, and numbers paragraphs in this provision establishing the 95 11 procedures and fee for publication of the record of proceedings 95 12 of boards of directors of school districts. 95 13 Section 280.2: Places definitions in alphabetical order, 95 14 and adds a prefatory paragraph describing the applicability of 95 15 the definitions, to conform the style of this definitions Code 95 16 section to other definitions provisions elsewhere in the Code. 95 17 Section 282.18: Separates and numbers the elements 95 18 of a series outlining the exceptions to the general rule 95 19 prohibiting pupils who are participating in open enrollment 95 20 from participating in a varsity interscholastic sport, and 95 21 letters the remaining, resulting paragraphs. 95 22 Section 284.1: Strikes the word "four" in language 95 23 describing the major elements of the student achievement 95 24 and teacher quality program. 2017 Iowa Acts, chapter 172, 95 25 section 32, eliminated one of the four elements and this change 95 26 eliminates the need to adjust this portion of the statute if 95 27 other elements are added or deleted in the future. 95 28 Sections 284.3A, 284.6, and 284.13: Strikes the words 95 29 "of education" to conform to the definition of the term 95 30 "department" in Code section 284.2, and to similar changes made 95 31 by 2017 Iowa Acts, chapter 172, in this Code section relating 95 32 to appropriations for supplemental assistance for high=need 95 33 schools. 95 34 Section 303.8: Conforms a headnote to the language of this 95 35 Code section which outlines the powers and duties of the state 96 1 historical society board of trustees and the department of 96 2 cultural affairs. 96 3 Section 303.18: Adds public law and a United States Code 96 4 citation after a reference to a federal Act to facilitate 96 5 citation to and review of that federal Act in language 96 6 relating to the circumstances under which the state historic 96 7 preservation officer must recommend that a rural electric 96 8 cooperative or a municipal utility, which is constructing 96 9 certain electric distribution and transmission facilities, 96 10 conduct an archeological site survey of the proposed route. 96 11 Section 314.21: Strikes obsolete language relating to the 96 12 allocation and expenditure of funds from the living roadway 96 13 trust fund during the fiscal period beginning July 1, 1988, and 96 14 ending March 31, 1990. 96 15 Section 321.105: Updates the United States Code citation 96 16 to federal provisions under which seriously disabled veterans 96 17 are provided with an automobile or other vehicle by the United 96 18 States government to reflect the 1991 renumbering of those 96 19 federal provisions in this provision governing the provision 96 20 of one set of free vehicle registration plates to seriously 96 21 disabled veterans. 96 22 Section 321.145: Strikes a series of subsection references 96 23 in language relating to expenditure of funds for different 96 24 types of motor vehicle registration plates, but leaves a 96 25 reference to Code section 321.34. Code section 321.34 was 96 26 amended in 2014 to add a new subsection 27, but this provision 96 27 was not updated to reflect the addition. The change will 96 28 obviate the need for the continual updating of this Code 96 29 section each time Code section 321.34 is changed to add or 96 30 eliminate a particular registration plate and expenditure 96 31 requirement. 96 32 Section 321.237: Numbers unnumbered paragraphs and 96 33 clarifies archaic language in this Code section relating to the 96 34 manual used by cities when regulating vehicular traffic and the 96 35 manner in which traffic control signs must be posted. 97 1 Section 321.278: Updates the language establishing the 97 2 crime of drag racing by separately enumerating the elements of 97 3 the crime, designating defined terms as such, and numbering and 97 4 lettering the resulting paragraphs. 97 5 Section 321.290: Numbers paragraphs and updates and 97 6 clarifies archaic language in this provision establishing the 97 7 circumstances under which the department of transportation or a 97 8 city may deviate from the speed limits generally established 97 9 under Code chapter 321 for a particular road or intersection. 97 10 Section 321E.12: Replaces the word "provision" with 97 11 "subsection" to clarify the extent of the exemption provided 97 12 in this Code section relating to special registration and fees 97 13 that apply to vehicles used to transport buildings other than 97 14 mobile homes or factory=built structures. 97 15 Section 321G.13: Restructures a subparagraph permitting a 97 16 person to operate or ride on a snowmobile with a loaded pistol 97 17 or revolver to clarify the meaning and to match the style of 97 18 the immediately preceding subparagraph. 97 19 Section 321I.14: Restructures a subparagraph permitting 97 20 a person to operate or ride on an all=terrain vehicle with a 97 21 loaded pistol or revolver to clarify the meaning and to match 97 22 the style of the immediately preceding subparagraph. 97 23 Section 321J.20: Restructures this provision relating to 97 24 revocation of a person's temporary restricted license under 97 25 the Code chapter relating to the offense of operating while 97 26 intoxicated to separately enumerate the actions which would 97 27 give rise to the revocation. 97 28 Section 321L.2: Updates the United States Code citation 97 29 to federal provisions under which seriously disabled veterans 97 30 are provided with an automobile or other vehicle by the United 97 31 States government to reflect the 1991 renumbering of those 97 32 provisions in this provision entitling those same veterans to 97 33 the rights and privileges given to persons with disability 97 34 parking permits. 97 35 Section 327G.79: Adds a comma to clarify a sentence relating 98 1 to appraisal of railway property interests that are adjacent 98 2 to a railroad right=of=way that has been abandoned and are the 98 3 subject of a dispute as to value. 98 4 Section 350.10: Changes the word "rules" to "regulations" 98 5 to conform this provision relating to the statutes applicable 98 6 to lands and waters under the control of a county conservation 98 7 board to the language of Code section 350.5. 98 8 Section 351.36: Changes "to" to "through" in a string 98 9 citation to clarify that the last Code section referenced is 98 10 included in the citation and to eliminate both a self=reference 98 11 and reference to a repealed provision in this Code section 98 12 relating to enforcement of requirements relating to rabies 98 13 vaccination and control and confinement of dogs. 98 14 Section 351.42: Changes "to" to "through" in a string 98 15 citation to clarify that the last Code section referenced 98 16 is included in the citation and to eliminate both a numeric 98 17 self=reference and reference to a repealed Code section in this 98 18 Code section exempting certain dogs from requirements relating 98 19 to rabies vaccination and control and confinement. 98 20 Section 351.43: Changes "to" to "through" in a string 98 21 citation to clarify that the last Code section referenced 98 22 is included in the citation and to eliminate a reference to 98 23 a repealed Code section in this Code section establishing 98 24 penalties for persons who violate the requirements relating to 98 25 rabies vaccination and control and confinement of dogs. 98 26 Section 358.11: Numbers paragraphs and replaces the word 98 27 "hereunder" with "under this chapter" to clarify the meaning of 98 28 and improve the citation to this provision declaring sanitary 98 29 districts organized under Code chapter 358 to be corporate 98 30 entities entitled to judicial notice and corporate powers and 98 31 authority. 98 32 Section 400.21: Updates old language and divides a run=on 98 33 sentence to clarify and improve the readability of this Code 98 34 section pertaining to the filing of notices of appeal under the 98 35 civil service Code chapter. 99 1 Section 400.27: Adds the word "and" to correct an error made 99 2 by 1991 Iowa Acts, chapter 55, section 2, in this provision 99 3 describing how an appeal to the district court from a decision 99 4 of the civil service commission may be perfected. 99 5 Section 411.6C: Replaces the words "with the first month 99 6 following the implementation date of this section" with "April 99 7 1, 2007". According to the administrator for the retirement 99 8 system for police officers and fire fighters, the system 99 9 received approval from the federal government in March 2007. 99 10 Section 420.207: Changes "to" to "through" in a string 99 11 citation to clarify that the last Code section referenced is 99 12 included in the citation in this Code section providing for 99 13 the applicability of certain Code provisions relating to the 99 14 taxation of property to cities acting under special charters. 99 15 Section 422.32: Changes "to" to "through" in two string 99 16 citations to clarify that the last Code section referenced 99 17 is included in the citation in language relating to the 99 18 applicability of certain defined terms within the Code chapter 99 19 division governing business tax on corporations. 99 20 Section 422D.3: Numbers unnumbered paragraphs, changes "to" 99 21 to "through" in a string citation to clarify that the last Code 99 22 section referenced is included in the citation, and removes 99 23 quotation marks from around a fund name to conform to current 99 24 Code style in this Code section relating to the administration 99 25 of local income surtaxes. 99 26 Section 423.3(47A): Strikes obsolete language relating to 99 27 the phase=in of a sales tax exemption for the sales price from 99 28 the sale or rental of central office equipment or transmission 99 29 equipment used by certain communication service providers. 99 30 Section 423.8: Numbers unnumbered paragraphs to improve 99 31 citation and strikes language referencing a report by 99 32 the streamlined sales tax advisory council regarding the 99 33 administrative burden posed by the streamline sales and use tax 99 34 Act that was filed in 2006 and updated in 2007. 99 35 Section 425.9: Numbers paragraphs to facilitate citation, 100 1 replaces the word "hereunder" with the words "in this chapter", 100 2 and replaces a reference to "the first paragraph of this 100 3 section" with "subsection 1" to clarify the meaning of this 100 4 provision regarding the application of the homestead credit to 100 5 any taxes due on a homestead. 100 6 Section 425.10: Replaces the word "herein" with the words 100 7 "in this chapter" to clarify the meaning of this provision 100 8 governing the process to be used in the event of an allowance 100 9 and subsequent reversal of an erroneous claim for a homestead 100 10 credit. 100 11 Section 426A.13: Replaces the words "the section" with 100 12 "this section" to clarify the meaning of language outlining 100 13 the process to be used by persons claiming a military tax 100 14 exemption. 100 15 Section 427.1: Strikes obsolete language eliminating the 100 16 requirement of filing an application to obtain a property 100 17 exemption for the 2005 and 2006 assessment years for certain 100 18 dwelling units owned by community housing development 100 19 organizations. 100 20 Section 427B.17: Changes "to" to "through" in two string 100 21 citations to clarify that the last Code section referenced 100 22 is included in the citation in this Code section relating to 100 23 property subject to special valuation. In the first of the two 100 24 string citations, the last Code section reference is changed 100 25 because Code section 427B.6 prohibits the granting of dual 100 26 exemptions, and not the granting of partial exemptions. 100 27 Section 453A.47A: Adds the words "of a permit" at the end of 100 28 a sentence to clarify that only applications for retail permits 100 29 which are actually issued to retailers of tobacco, tobacco 100 30 products, alternative nicotine products, or vapor products for 100 31 permits need be submitted by a city or county to the alcoholic 100 32 beverages division. 100 33 Section 455A.9: Numbers unnumbered paragraphs and replaces 100 34 an incorrect current reference to "subsection" with the word 100 35 "section" in this provision relating to fees charged by the 101 1 department of natural resources. 101 2 Section 455G.31: Renumbers, combines provisions, and 101 3 corrects internal references in this Code section relating 101 4 to E=85 gasoline storage and dispensing infrastructure 101 5 to eliminate a reserved paragraph that formerly contained 101 6 transition language and that was stricken by its own terms in 101 7 2015. 101 8 Section 465C.3: Numbers unnumbered paragraphs to facilitate 101 9 citation and strikes obsolete language in this Code section 101 10 relating to the composition and appointment of the state 101 11 advisory board for preserves. 101 12 Section 466B.31: Adds the words "of natural resources" 101 13 after the word "department" to clarify which department 101 14 is referenced in this provision establishing the watershed 101 15 planning advisory council. 101 16 Section 476.44: Replaces the word "alternative" with 101 17 "alternate" to conform terminology regarding alternate energy 101 18 production facilities used in this Code section providing 101 19 exceptions to requirements imposed on certain public utilities 101 20 to the terminology everywhere else in Code chapter 476. 101 21 Section 476.46: Strikes a reference to and exception 101 22 contained in subsection 3, which was stricken by 2017 Iowa 101 23 Acts, chapter 169, section 43, in language allowing certain gas 101 24 and electric utilities which are not rate=regulated to receive 101 25 loans under the alternate energy revolving loan program. 101 26 Section 478.19: Numbers unnumbered paragraphs to facilitate 101 27 citation and updates archaic language to improve the 101 28 readability of this provision establishing standards for the 101 29 construction of electric transmission lines. 101 30 Section 479.7: Numbers unnumbered paragraphs to facilitate 101 31 citation and updates archaic language to improve the 101 32 readability of this provision regarding hearings on petitions 101 33 seeking to use eminent domain to secure property rights for the 101 34 construction, maintenance, and operation of gas underground 101 35 storage facilities and pipelines. 102 1 Section 481A.32: Restructures to enumerate the acts 102 2 constituting a hunting and fishing offense under this Code 102 3 section, and numbers the unnumbered paragraphs to facilitate 102 4 citation and to separate the offense of taking a deer, 102 5 antelope, moose, buffalo, or elk with a prohibited weapon from 102 6 the initial enumerated prohibited acts. 102 7 Section 481A.47: Splits a paragraph into multiple 102 8 subsections to separate language creating a crime from language 102 9 relating to the granting of a permit and an exception to the 102 10 statute's requirements, and restructures and updates archaic 102 11 language in this provision establishing restrictions on the 102 12 importing of fish and game. 102 13 Section 481A.59: Numbers unnumbered paragraphs to 102 14 facilitate citation and updates archaic language in the former 102 15 second paragraph to reflect current style in this prohibition 102 16 against interfering with any homing pigeon. 102 17 Section 488.1205: Replaces, in this savings provision, the 102 18 words "this chapter takes effect" with "January 1, 2005" to 102 19 reflect the date on which Code chapter 488, establishing the 102 20 uniform limited partnership Act, took effect. The Act which 102 21 enacted Code chapter 488, 2004 Iowa Acts, chapter 1021, took 102 22 effect on that date, with the exception of section 117 of that 102 23 Act. None of the provisions that were affected by section 117 102 24 of that Act were contained in Code chapter 488. 102 25 Section 496C.10: Numbers unnumbered paragraphs to 102 26 facilitate citation and adds a reference to Code chapter 102 27 502 after a reference to the "Iowa securities law" in this 102 28 provision regulating the issuance of shares by professional 102 29 corporations. 102 30 Section 496C.20: Numbers unnumbered paragraphs to 102 31 facilitate citation and replaces an internal reference to "the 102 32 preceding sentence" with a reference to "this subsection" in 102 33 this provision governing foreign professional corporations. 102 34 Section 508.29: Numbers unnumbered paragraphs to facilitate 102 35 citation, changes an internal reference from "paragraph" to 103 1 "subsection" because of the numbering, and replaces the words 103 2 "herein contained" to "contained in this section" to clarify 103 3 the meaning of language in this Code section relating to the 103 4 authority of life insurance companies to write other insurance. 103 5 Section 514C.14: Replaces the word "which" with the 103 6 word "that" to clarify that both the carrier and the plan 103 7 are covered by this language relating to coverage of health 103 8 care services for the pregnancy of a covered person after 103 9 termination of a contract with a participating health care 103 10 provider. 103 11 Section 543B.16: Strikes the words "real estate" which 103 12 appear before the word "license" to conform the terminology 103 13 usage to usage of terminology elsewhere in Code chapter 543B 103 14 to reference the licenses that are issued by the real estate 103 15 commission to real estate brokers or salespersons. 103 16 Section 543B.43: Divides a string citation and employs 103 17 "through" instead of "to" in the resulting string citations 103 18 to clarify that the last of the Code section citations are 103 19 intended to be included in the strings and to eliminate 103 20 reference to repealed Code section 543B.25 in this provision 103 21 establishing a penalty for violation of the Code chapter 103 22 governing real estate brokers and salespersons. 103 23 Section 543B.46: Changes the word "defined" to "described" 103 24 to clarify a reference to Code section 543B.6, which does not 103 25 contain a definition, but does describe the acts which would 103 26 constitute acting as a real estate salesperson or broker. 103 27 Section 544A.5: Changes the word "make" to "adopt" and adds 103 28 a citation to Code chapter 17A to match standard rule=making 103 29 language in this provision charging the architectural examining 103 30 board with the duty to adopt rules for the examination of 103 31 applicants for licensure. 103 32 Section 544A.16: Adds the word "or license" after the 103 33 words "certificate of registration" to reflect that engineers, 103 34 landscape architects, and some contractors, who may be 103 35 considered as professional consultants to an architect, are 104 1 licensed professionals. 104 2 Section 556F.18: Replaces the archaic words "common 104 3 schools" with the words "school districts" in language relating 104 4 to disposition of certain funds for failure of a person to 104 5 comply with the procedures for asserting a claim for lost 104 6 property that the person has found. The common schools 104 7 were eliminated in favor of the current system of public and 104 8 accredited nonpublic schools sometime during the early 1900s. 104 9 Section 559.1: Numbers unnumbered paragraphs to facilitate 104 10 citation, replaces the word "herein" with "in this section", 104 11 and eliminates archaic language in this provision relating to 104 12 the validity of a release by a donee of a power of appointment 104 13 exercisable by deed or will or otherwise. 104 14 Section 587.12: Corrects the reference to the publication 104 15 which contained former court rule 60, and which would have 104 16 been in effect prior to July 1, 1970. During this time frame, 104 17 the Iowa court rules would still have been contained within 104 18 the Code. Because there was no intervening Code publication 104 19 between 1966 and 1971, the correct reference would have to be 104 20 to the court rules which appeared in the Code of 1966. 104 21 Section 602.1610: Strikes obsolete language exempting 104 22 certain associate juvenile and associate probate judges from 104 23 this provision relating to the mandatory retirement age for 104 24 judicial officers. 104 25 Section 602.6404: Strikes obsolete language relating 104 26 to nonlawyer magistrates in this provision relating to 104 27 qualifications for magistrates. 104 28 Section 607A.35: Conforms the language of this provision 104 29 to the language of Code section 607A.33, and language which 104 30 appears later in this Code section, relating to the issuance of 104 31 a notice to report to jurors who have been identified to appear 104 32 for service as petit or grand jurors. 104 33 Section 607A.41: Revises the language of this provision 104 34 relating to the method of drawing the names of new or 104 35 additional jurors to reflect the language contained in Code 105 1 sections 607A.39 and 607A.40, which are referenced in this Code 105 2 section. 105 3 Section 704.2A: Moves the phrase "by force or stealth" to 105 4 improve the readability of language identifying two of the 105 5 circumstances under which a person would be presumed to be 105 6 reasonable in believing that use of deadly force is needed to 105 7 avoid injury or risk, and to match the construction of similar 105 8 language which appears later in the amended language. 105 9 Section 707.11: Adds the word "committed" before the 105 10 words "against a peace officer" to improve the readability of 105 11 language describing the facts that a fact finder must determine 105 12 exist in order to determine the nature of the sentence which 105 13 will apply to an act which constitutes attempt to commit 105 14 murder. 105 15 Section 714.19: Rewrites and changes "to" to "through" 105 16 in a string citation to eliminate a self=reference to this 105 17 Code section and to clarify that the last Code section is 105 18 included in the string citation in language specifying that 105 19 the requirements relating to certain providers of educational 105 20 courses contained in the specified Code sections do not apply 105 21 to certain schools and educational programs. 105 22 Section 716.7: Changes the words "received notice" to 105 23 "been notified" to conform the language describing when the 105 24 prescribed notification requirements have been met to earlier 105 25 language describing the elements constituting this type of 105 26 trespass. 105 27 Section 716.8: Changes "intentionally trespasses" to 105 28 "commits a trespass" to conform this penalty provision to 105 29 the elements, including intention, described in Code section 105 30 716.7, subsection 1, paragraph "a", subparagraph (7), which is 105 31 specifically referenced. 105 32 Section 724.3: Replaces "herein" with "in this chapter" to 105 33 clarify the extent of the exception that applies to certain 105 34 persons who may lawfully possess an offensive weapon. 105 35 Section 724.5: Changes the words "indictment or 106 1 information" to "complaint" to reflect the fact that the 106 2 offense referenced is a simple misdemeanor, which is not 106 3 charged by indictment or information, but rather by complaint. 106 4 Section 730.5: Changes two references to an "individual" 106 5 to refer to employees or prospective employees in this Code 106 6 section regulating employer testing of employees or prospective 106 7 employees for drugs or alcohol. 106 8 Section 805.8A: Conforms language in a paragraph to reflect 106 9 the language of another subsection which provides that some of 106 10 the speeding violations under the listed Code sections, when 106 11 committed by a school bus driver, are scheduled violations. 106 12 2017 Iowa Acts, chapter 136: Corrects 2017 Iowa Acts, 106 13 chapter 136, by adding a correction to a reference to the 106 14 program and bonds issued under the 911 program in Code chapter 106 15 34A, to conform to similar changes made to the program name 106 16 elsewhere in Code chapter 34A by that Act. The correction is 106 17 retroactive to July 1, 2017. LSB 5784SV (2) 87 lh/rj
