Bill Text: IA SF405 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective date provisions. (Formerly SSB 1132.) Various effective dates; see section 169 of bill.
Spectrum: Committee Bill
Status: (Passed) 2017-04-07 - Signed by Governor. S.J. 952. [SF405 Detail]
Download: Iowa-2017-SF405-Enrolled.html
Senate File 405 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1132)
(COMPANION TO lsb
2124hv by committee on
judiciary)
\5
A BILL FOR
\1
Senate File 405
AN ACT
RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST
LANGUAGE TO REFLECT CURRENT PRACTICES, INSERT EARLIER
OMISSIONS, DELETE REDUNDANCIES AND INACCURACIES, DELETE
TEMPORARY LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS,
UPDATE ONGOING PROVISIONS, OR REMOVE AMBIGUITIES, AND
INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 2.48, subsection 3, paragraph d,
subparagraph (2), Code 2017, is amended to read as follows:
(2) Historic preservation and cultural and entertainment
district tax credits under chapter 404A.
Sec. 2. Section 2.48, subsection 3, paragraph h, Code 2017,
is amended by striking the paragraph.
Sec. 3. Section 7A.1, Code 2017, is amended to read as
follows:
7A.1 Official reports ==== preparation.
1. State officials, boards, commissions, and heads of
departments shall prepare and file written official reports, in
simple language and in the most concise form consistent with
clearness and comprehensiveness of matter, required by law or
by the governor.
2. Before filing any report its, the author shall
carefully edit the same and the report. The author shall
strike therefrom from the report all minutes of proceedings,
and all correspondence, petitions, orders, and other matter
which can be briefly stated, or which is not important
information concerning public affairs, and consolidate so far
as practicable all statistical tables.
3. Any report failing to comply substantially with this
section shall be returned to its author for correction, and
until made so to comply shall not be printed.
4. This section shall not be construed as depriving the
director of the department of administrative services of the
right to edit and revise said the report.
Sec. 4. Section 7E.3, subsection 5, Code 2017, is amended
to read as follows:
5. Adults Persons not lawfully present. Unless expressly
authorized by federal or state law, ensure that the public
benefits administered by the department or independent agency
are not provided to persons who are not lawfully present in the
United States.
Sec. 5. Section 9C.1, Code 2017, is amended to read as
follows:
9C.1 Definitions ==== presumption ==== applicability.
1. The As used in this chapter, the term "transient
merchant" as used herein shall mean and include every merchant,
whether an individual person, a firm, corporation, partnership
or association, and whether owner, agent, bailee, consignee or
employee, who shall bring or cause to be brought within the
state of Iowa any goods, wares or merchandise of any kind,
nature or description, with the intention of temporarily or
intermittently selling or offering to sell at retail such
goods, wares or merchandise within the state of Iowa. The term
"transient merchant" shall also mean and include every merchant,
whether an individual person, a firm, corporation, partnership
or an association, who shall by itself, or by agent, consignee
or employee temporarily or intermittently engage in or conduct
at one or more locations a business within the state of Iowa
for the sale at retail of any goods, wares or merchandise of
any nature or description.
2. A merchant engaging in business shall be presumed to
be temporarily or intermittently in business unless it is the
intention of such merchant to remain continuously in business
at each location where the merchant is engaged in business
within the state of Iowa as a merchant for a period of more than
sixty days.
3. The provisions of this chapter shall not be construed
to apply to persons selling at wholesale to merchants, nor to
transient vendors of drugs, nor to persons running a huckster
wagon, or selling or distributing livestock feeds, fresh meats,
fish, fruit, or vegetables, nor to persons selling their own
work or production either by themselves or employees.
Sec. 6. Section 9C.2, Code 2017, is amended to read as
follows:
9C.2 License required.
It shall be unlawful for any transient merchant as herein
defined, to sell, dispose of, or offer for sale any goods,
wares or merchandise of any kind, nature or description, at
any time or place within the state of Iowa, outside the limits
of any city in the state of Iowa, or within the limits of any
city in the state of Iowa that has not by ordinance provided
for the licensing of transient merchants, unless such transient
merchant, as herein defined, shall have has a valid license as
herein provided in this chapter and shall have has complied
with the regulations herein set forth in this chapter.
Sec. 7. Section 9C.3, unnumbered paragraph 1, Code 2017, is
amended to read as follows:
Any transient merchant as defined herein, desiring a
transient merchant's license shall at least ten days prior
to the first day any sale is made, file with the secretary
of state of the state of Iowa an application in writing duly
verified by the person, firm, corporation, partnership or
association proposing to sell or offer to sell at retail any
goods, wares or merchandise, or to engage in or conduct a
temporary or intermittent business for the sale at retail of
any goods, wares or merchandise, which. The application shall
state the following facts:
Sec. 8. Section 9C.4, Code 2017, is amended to read as
follows:
9C.4 Bond required ==== applicability ==== forfeiture.
1. At the time and as part of filing said the application
and as a part thereof, the applicant shall file with the
secretary of state a bond, with sureties to be approved by the
secretary of state, in a penal sum two times the value of the
goods, wares or merchandise to be sold or offered for sale or
the average inventory to be carried by such transient merchant
engaged in or conducting an intermittent or temporary business
as the case may be as shown by the application, running to the
state of Iowa, for the use and benefit of any purchaser of
any merchandise from such transient merchant who might have
a cause of action of any nature arising from or out of such
sale against the applicant or the owner of such merchandise if
other than the applicant; the. The bond to shall be further
conditioned on the payment by the applicant of all taxes that
may be payable by, or due from, the applicant to the state
of Iowa or any subdivision thereof, the bond to and shall be
further conditioned for the payment of any fines that may be
assessed by any court against the applicant for violation of
the provision of this chapter, and further conditioned as well
as for the payment and satisfaction of any and all causes of
action against the applicant commenced within one year from the
date of sale thereof, and arising from such sale, provided,
however, that. However, the aggregate liability of the surety
for all such taxes, fines, and causes of action shall in no
event exceed the principal sum of such bond.
2. In such bond the applicant and surety shall appoint the
secretary of state, the agent of the applicant and surety for
the service of process. In the event of such service, the
agent upon whom such service is made shall within five days
after the date of service, mail by ordinary mail a true copy of
the process served upon the agent to each party for whom the
agent is served, addressed to the last known address of such
party. Failure to so mail said the copy shall not, however,
affect the jurisdiction of the court.
3. Such bond shall contain the consent of the applicant
and surety that the district court of the county in which
the plaintiff may reside or Polk county, Iowa, shall have
jurisdiction of all actions against the applicant or surety,
or both, arising out of the sale. The state of Iowa, or any
subdivision thereof, or any person having a cause of action
against the applicant or surety arising out of said sale may
join the applicant and surety on such bond in the same action,
or may in such action sue either the applicant or the surety
alone.
4. The requirements of this section also apply to transient
merchants who are licensed in accordance with an ordinance of a
city in the state of Iowa.
5. Notwithstanding the above provisions subsections 1
through 4, the bond provided for in this section shall be
forfeited to the state of Iowa upon the applicant's failure to
pay the total of all taxes payable by or due from the applicant
to the state which taxes are administered by the department of
revenue. The department shall adopt administrative rules for
the collection of the forfeiture. Notice shall be provided
to the surety and to the applicant. Notice to the applicant
shall be mailed to the applicant's last known address. The
applicant or the surety shall have the opportunity to apply
to the director of revenue for a hearing within thirty days
after the giving of such notice. Upon the failure to timely
request a hearing, the bond shall be forfeited. If, after
the hearing upon timely request, the director finds that the
applicant has failed to pay the total of all taxes payable
and the bond is forfeited, the director shall order the bond
forfeited. The amount of the forfeiture shall be the amount
of taxes payable or the amount of the bond. The surety
shall not have standing to contest the amount of any taxes
payable. For purposes of this section, "taxes payable" means
all tax, penalties, interest, and fees that the department has
previously determined to be due by assessment or in an appeal
of an assessment.
Sec. 9. Section 9E.3, subsection 1, paragraph b, unnumbered
paragraph 1, Code 2017, is amended to read as follows:
A statement by the applicant that the applicant has good
reason to believe any of the following:
Sec. 10. Section 9E.3, subsection 3, Code 2017, is amended
to read as follows:
3. Certification. Upon the filing of a complete
application, the secretary shall certify the eligible person
as a program participant. A program participant shall be
certified for four years following the date the application
is certified by the secretary unless the certification is
canceled, withdrawn, or invalidated. The secretary shall
establish by rule a renewal procedure for recertification.
Sec. 11. Section 12.8, subsection 1, Code 2017, is amended
to read as follows:
1. The treasurer of state shall invest or deposit, subject
to chapters 12F, and 12H, and 12J and as provided by law,
any of the public funds not currently needed for operating
expenses and shall do so upon receipt of monthly notice from
the director of the department of administrative services of
the amount not so needed. In the event of loss on redemption
or sale of securities invested as prescribed by law, and if
the transaction is reported to the executive council, neither
the treasurer nor director of the department of administrative
services is personally liable but the loss shall be charged
against the funds which would have received the profits or
interest of the investment and there is appropriated from the
funds the amount so required.
Sec. 12. Section 12.71, subsection 1, Code 2017, is amended
to read as follows:
1. The treasurer of state may issue bonds upon the request
of the vision Iowa board created in section 15F.102, Code 2016,
and do all things necessary with respect to the purposes of the
vision Iowa fund. The treasurer of state shall have all of
the powers which are necessary to issue and secure bonds and
carry out the purposes of the fund. The treasurer of state may
issue bonds in principal amounts which, in the opinion of the
board, are necessary to provide sufficient funds for the vision
Iowa fund created in section 12.72, the payment of interest
on the bonds, the establishment of reserves to secure the
bonds, the costs of issuance of the bonds, other expenditures
of the treasurer of state incident to and necessary or
convenient to carry out the bond issue for the fund, and all
other expenditures of the board necessary or convenient to
administer the fund; provided, however, excluding the issuance
of refunding bonds, bonds issued pursuant to this section shall
not be issued in an aggregate principal amount which exceeds
three hundred million dollars. The bonds are investment
securities and negotiable instruments within the meaning of and
for purposes of the uniform commercial code, chapter 554.
Sec. 13. Section 12B.10, subsection 5, paragraph a,
subparagraph (7), subparagraph division (a), unnumbered
paragraph 1, Code 2017, is amended to read as follows:
A joint investment trust organized pursuant to chapter 28E
prior to and existing in good standing on the effective date
of this Act or a joint investment trust organized pursuant
to chapter 28E after April 28, 1992, provided that the joint
investment trust shall be one of the following:
Sec. 14. Section 12B.12, Code 2017, is amended to read as
follows:
12B.12 Duty of examining officer.
It shall be the duty of the officer or officers making such
a settlement described under section 12B.11 to see that the
amount of securities and money produced and counted, together
with the amounts so certified by the legally designated
depositories, agrees with the balance with which such treasurer
should be charged, and the officer shall make a report in
writing of any such settlement or examination, and attach
thereto the certified statement of all such depositories.
Sec. 15. Section 12B.13, Code 2017, is amended to read as
follows:
12B.13 Report of settlement filed.
The report of any such settlement under section 12B.11 with
the treasurer of state shall be filed in the office of the
director of the department of management, and the. The report
of a settlement under section 12B.11 with a county treasurer
shall be filed with the auditor of the county.
Sec. 16. Section 15F.103, subsection 6, Code 2017, is
amended by striking the subsection.
Sec. 17. Section 16.28, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. The bondholders or noteholders, to the extent provided
in the resolution by which the bonds or notes were issued or
in their agreement with the authority, may enforce any of the
remedies in paragraph "a", subparagraphs (1) to through (5) or
the remedies provided in those agreements for and on their own
behalf.
Sec. 18. Section 16.50, subsection 3, paragraph b,
subparagraph (1), Code 2017, is amended to read as follows:
(1) Projects that are eligible for historic preservation
and cultural and entertainment district tax credits under
chapter 404A.
Sec. 19. Section 17A.6A, subsection 2, paragraph c, Code
2017, is amended to read as follows:
c. Process forms and instructions for filing a petition
for rulemaking pursuant to section 17A.7, a petition for a
declaratory order pursuant to section 17A.9, or a request
petition for a waiver or variance of an administrative rule
pursuant to section 17A.9A.
Sec. 20. Section 22.1, Code 2017, is amended to read as
follows:
22.1 Definitions.
As used in this chapter:
1. The term "government body" "Government body" means this
state, or any county, city, township, school corporation,
political subdivision, tax=supported district, nonprofit
corporation other than a fair conducting a fair event as
provided in chapter 174, whose facilities or indebtedness are
supported in whole or in part with property tax revenue and
which is licensed to conduct pari=mutuel wagering pursuant to
chapter 99D; the governing body of a drainage or levee district
as provided in chapter 468, including a board as defined in
section 468.3, regardless of how the district is organized;
or other entity of this state, or any branch, department,
board, bureau, commission, council, committee, official, or
officer of any of the foregoing or any employee delegated
the responsibility for implementing the requirements of this
chapter.
2. The term "lawful custodian" "Lawful custodian" means
the government body currently in physical possession of
the public record. The custodian of a public record in the
physical possession of persons outside a government body is
the government body owning that record. The records relating
to the investment of public funds are the property of the
public body responsible for the public funds. Each government
body shall delegate to particular officials or employees of
that government body the responsibility for implementing the
requirements of this chapter and shall publicly announce the
particular officials or employees to whom responsibility
for implementing the requirements of this chapter has been
delegated. "Lawful custodian" does not mean an automated data
processing unit of a public body if the data processing unit
holds the records solely as the agent of another public body,
nor does it mean a unit which holds the records of other public
bodies solely for storage.
3. a. As used in this chapter, "public records" "Public
records" includes all records, documents, tape, or other
information, stored or preserved in any medium, of or
belonging to this state or any county, city, township, school
corporation, political subdivision, nonprofit corporation other
than a fair conducting a fair event as provided in chapter 174,
whose facilities or indebtedness are supported in whole or in
part with property tax revenue and which is licensed to conduct
pari=mutuel wagering pursuant to chapter 99D, or tax=supported
district in this state, or any branch, department, board,
bureau, commission, council, or committee of any of the
foregoing.
b. "Public records" also includes all records relating
to the investment of public funds including but not limited
to investment policies, instructions, trading orders,
or contracts, whether in the custody of the public body
responsible for the public funds or a fiduciary or other third
party.
Sec. 21. Section 28F.5, Code 2017, is amended to read as
follows:
28F.5 Source of payment ==== rates and charges, pledge of
revenues.
1. Such an An entity shall have the power to pledge all
or part of the net revenues of a project or projects to the
payment of the principal of and interest on the bonds issued
pursuant to this chapter and shall provide by resolution
authorizing the issuance of said bonds that such net revenues
of the project or projects shall be set apart in a sinking
fund for that purpose and kept separate and distinct from all
other revenues of the entity. The principal of and interest
on the bonds so issued shall be secured by a pledge of such net
revenues of the project or projects in the manner and to the
extent provided in the resolution authorizing the issuance of
said bonds.
2. Such an An entity shall have the power to fix, establish
and maintain such rates, tolls, fees, rentals or other charges
and collect the same from the public agencies participating
in the agreement or from private agencies or persons for
the payment of the services and facilities provided by said
project or projects. Such rates, tolls, fees, rentals or other
charges shall be so fixed, established and maintained and
revised from time to time whenever necessary as will always
provide revenues sufficient to pay the cost of maintaining,
repairing and operating the project or projects, to pay the
principal of and interest on the bonds then outstanding which
are payable therefrom as the same become due and payable, to
provide adequate and sufficient reserves therefor, to provide
for replacements, depreciations and necessary extensions and
enlargements and to provide a margin of safety for the making
of such payments and providing such reserves. Notwithstanding
the foregoing such an entity shall have the further right to
pledge to the payment of the bonds issued pursuant to this
chapter, in addition to the net revenues of the project or
projects pledged therefor, such other moneys that it may have
and which are lawfully available therefor.
3. In order to pay the rates, tolls, fees, rentals or
other charges levied against a public agency by an entity
for the payment of the services and facilities provided by
a project or projects authorized by this chapter, public
agencies participating in such an agreement shall have the
power by ordinance to fix, establish and maintain, rates or
other charges for the use of and the services and facilities
rendered by said project or projects. Such rates or charges
may be so fixed, established and maintained and revised from
time to time whenever necessary as will always provide such
public agencies with sufficient revenue to pay the rates,
tolls, fees, rentals or other charges levied against it by the
entity for the payments of the services and facilities provided
by said project or projects. All such rates or charges to be
paid by the owners of real property, if not paid as by the
ordinance provided, when due, shall constitute a lien upon such
real property served by such project or projects, and shall be
collected in the same manner as general taxes.
Sec. 22. Section 28F.10, Code 2017, is amended to read as
follows:
28F.10 Refunding bonds.
Refunding bonds may be issued by an entity in a principal
amount sufficient to provide funds for the payment, including
premium, if any, of bonds issued by said the entity pursuant
to the provisions of this chapter to be refunded thereby
and the interest thereon and in addition for the payment of
all expenses incident to the calling, retiring, or paying
of such outstanding bonds to be refunded, such refunding.
Refunding bonds may also finance the construction of a project
or projects authorized by this chapter or the improvement,
addition, betterment or extension of an existing project or
projects so authorized. Said refunding Refunding bonds shall
not be issued to refund the principal of and interest on any
bonds to be refunded unless such bonds mature or are redeemable
under their terms within ten years from the date of delivery
of the refunding bonds. The proceeds of said the refunding
bonds to be used for the payment of the principal of, interest
on and redemption premiums, if any, on said the bonds to be
refunded which will not be due and payable immediately shall be
deposited in trust for the sole purpose of making such payments
in a bank or trust company within the state. Any moneys in such
trust fund, prior to the date such funds will be needed for
the payment of such principal of, interest on and redemption
premiums, if any, of such outstanding bonds to be refunded,
may be invested or reinvested as provided in the resolution
authorizing said the refunding bonds. Refunding bonds shall be
issued in the same manner and detail as revenue bonds herein
authorized.
Sec. 23. Section 29C.24, subsection 2, paragraph e,
subparagraph (1), subparagraph divisions (b) and (c), Code
2017, are amended to read as follows:
(b) Except for disaster and or emergency=related work, the
business entity has no presence in the state and conducts no
business in the state.
(c) Except for disaster and or emergency=related work, the
business entity had no registrations, tax filings, or nexus in
the state for the tax year immediately preceding the year in
which the relevant declared state disaster or emergency occurs.
Sec. 24. Section 29C.24, subsection 5, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
An out=of=state business that enters the state to perform
disaster and or emergency=related work during a disaster
response period shall provide notification to the secretary
of state, which notification shall contain all the following
information related to the out=of=state business:
Sec. 25. Section 29C.24, subsection 5, paragraphs b and c,
Code 2017, are amended to read as follows:
b. For an out=of=state business that enters this state
to perform disaster and or emergency=related work during a
disaster response period as an affiliate of a registered
business, the registered business shall provide, on behalf of
the affiliate out=of=state business, the notification required
in paragraph "a", which notification shall also include contact
information for the registered business.
c. Upon request of the secretary of state, an out=of=state
business that enters the state to perform disaster and or
emergency=related work during a disaster response period shall
provide proof of workers' compensation insurance coverage and
liability insurance coverage, if any. Such proof shall be
provided within ten days of the request.
Sec. 26. Section 35C.2, Code 2017, is amended to read as
follows:
35C.2 Physical disability.
The persons thus preferred shall not be disqualified from
holding any position hereinbefore mentioned in section 35C.1
on account of age or by reason of any physical disability,
provided such age or disability does not render such person
incompetent to perform properly the duties of the position
applied for.
Sec. 27. Section 35C.6, Code 2017, is amended to read as
follows:
35C.6 Removal ==== certiorari ==== judicial review.
No person holding a public position by appointment or
employment, and belonging to any of the classes of persons
to whom a preference is herein granted under this chapter,
shall be removed from such position or employment except
for incompetency or misconduct shown after a hearing, upon
due notice, upon stated charges, and with the right of such
employee or appointee to a review by a writ of certiorari or at
such person's election, to judicial review in accordance with
the terms of the Iowa administrative procedure Act, chapter
17A, if that is otherwise applicable to their case.
Sec. 28. Section 43.2, Code 2017, is amended to read as
follows:
43.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. "Book", "list", "record", or "schedule" kept by a county
auditor, assessor, treasurer, recorder, sheriff, or other
county officer means the county system as defined in section
445.1.
2. a. The term "political party" "Political party" shall
mean a party which, at the last preceding general election,
cast for its candidate for president of the United States or
for governor, as the case may be, at least two percent of
the total vote cast for all candidates for that office at
that election. It shall be the responsibility of the state
commissioner to determine whether any organization claiming
to be a political party qualifies as such under the foregoing
definition.
b. A political organization which is not a "political party"
within the meaning of this section subsection may nominate
candidates and have the names of such candidates placed upon
the official ballot by proceeding under chapters 44 and 45.
As used in this chapter, unless the context otherwise
requires, "book", "list", "record", or "schedule" kept by a
county auditor, assessor, treasurer, recorder, sheriff, or
other county officer means the county system as defined in
section 445.1.
Sec. 29. Section 48A.7A, subsection 1, paragraph b,
subparagraph (1), unnumbered paragraph 1, Code 2017, is amended
to read as follows:
For purposes of this section, a person may establish
identity and residence by presenting to the appropriate
precinct election official a current and valid Iowa driver's
license or Iowa nonoperator's identification card or by
presenting any of the following current and valid forms of
identification if such identification contains the person's
photograph and a validity valid expiration date:
Sec. 30. Section 80.45, subsection 3, paragraph a, Code
2017, is amended to read as follows:
a. Serve as a point of contact for anti=human activities to
combat human trafficking activity in this state.
Sec. 31. Section 92.3, Code 2017, is amended to read as
follows:
92.3 Under fourteen ==== permitted occupations.
No person under fourteen years of age shall be employed
or permitted to work with or without compensation in any
occupation, except in the street trade occupations or migratory
labor occupations specified in section 92.1. Any migratory
laborer twelve to fourteen years of age may not work prior to
or during the regular school hours of any day of any private
or public school which teaches general education subjects and
which is available to such child.
Sec. 32. Section 92.9, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
The provisions of sections 92.8 and 92.10 shall not
apply to pupils working under an instructor in a career and
technical education department in a school district or under
an instructor in a career and technical education classroom
or laboratory, or industrial plant, or in a course of career
and technical education approved by the state board for career
and technical education, or to apprentices provided they are
employed under all of the following conditions:
Sec. 33. Section 92.23, Code 2017, is amended to read as
follows:
92.23 Group insurance.
Anyone under the age of eighteen and subject to this chapter
employed in the street trades occupations who sells or delivers
the product or service of another and who is designated in
such capacity as an independent contractor shall be provided
participation, if the person under the age of eighteen
desires it at group rate cost, in group insurance for medical,
hospital, nursing, and doctor expenses incurred as a result of
injuries sustained arising out of and in the course of selling
or delivering such product or service by the person, firm, or
corporation whose product or service is so delivered.
Sec. 34. Section 96.29, subsection 2, paragraph c, Code
2017, is amended to read as follows:
c. This subsection shall not apply to claims for extended
benefits for weeks of unemployment beginning March 6, 1993, and
ending before January 1, 1995, or if otherwise prohibited by
federal law.
Sec. 35. Section 97A.7, subsection 1, Code 2017, is amended
to read as follows:
1. The board of trustees shall be the trustees of the
retirement fund created by this chapter as provided in section
97A.8 and shall have full power to invest and reinvest funds
subject to the terms, conditions, limitations, and restrictions
imposed by subsection 2 of this section and chapters 12F,
and 12H, and 12J and subject to like terms, conditions,
limitations, and restrictions said trustees shall have full
power to hold, purchase, sell, assign, transfer, or dispose of
any of the securities and investments of the retirement fund
which have been invested, as well as of the proceeds of said
investments and any moneys belonging to the retirement fund.
The board of trustees may authorize the treasurer of state to
exercise any of the duties of this section. When so authorized
the treasurer of state shall report any transactions to the
board of trustees at its next monthly meeting.
Sec. 36. Section 97B.4, subsection 5, Code 2017, is amended
to read as follows:
5. Investments. The system, through the chief investment
officer, shall invest, subject to chapters 12F, and 12H,
and 12J and in accordance with the investment policy and
goal statement established by the board, the portion of the
retirement fund which, in the judgment of the system, is not
needed for current payment of benefits under this chapter
subject to the requirements of section 97B.7A.
Sec. 37. Section 101.26, subsection 1, Code 2017, is amended
to read as follows:
1. A person who violates this subchapter or a rule adopted
or order adoption issued pursuant to this subchapter is subject
to a civil penalty not to exceed one hundred dollars for each
day during which the violation continues, up to a maximum of
one thousand dollars; however, if the tank is registered within
thirty days after the state fire marshal issues a cease and
desist order pursuant to section 101.25, subsection 1, the
civil penalty under this section shall not accrue. The civil
penalty is an alternative to a criminal penalty provided under
this subchapter.
Sec. 38. Section 123.30, subsection 3, paragraph c,
subparagraph (2), Code 2017, is amended to read as follows:
(2) A special class "C" liquor control license may be issued
and shall authorize the holder to purchase wine from class "A"
wine permittees or class "B" wine permittees who also hold
class "E" liquor control licenses only, and to sell wine and
beer to patrons by the individual drink for consumption on the
premises only. However, beer may also be sold for consumption
off the premises. The license issued to holders of a special
class "C" liquor control license shall clearly state on its
face that the license is limited.
Sec. 39. Section 123.30, subsection 3, paragraph e,
subparagraph (2), Code 2017, is amended to read as follows:
(2) The division may issue a class "E" liquor control
license for premises covered by a liquor control license
or wine or beer permit for on=premises consumption, if the
premises are in a county having a population under nine
thousand five hundred in which no other class "E" liquor
control license has been issued by the division, and no other
application for a class "E" liquor control license has been
made within the previous twelve consecutive months.
Sec. 40. Section 123.141, Code 2017, is amended to read as
follows:
123.141 Keeping liquor where beer is sold.
No alcoholic liquor for beverage purposes shall be used,
or kept for any purpose in the place of business of class "B"
beer permittees, or on the premises of such class "B" beer
permittees, at any time. A violation of any provision of this
section shall be grounds for suspension or revocation of the
beer permit pursuant to section 123.50, subsection 3. This
section shall not apply in any manner or in any way to the
premises of any hotel or motel for which a class "B" beer
permit has been issued, other than that part of such premises
regularly used by the hotel or motel for the principal purpose
of selling beer or food to the general public;, or to drug
stores regularly and continuously employing a registered
pharmacist, keep a pharmacy from having alcohol in stock for
medicinal and compounding purposes.
Sec. 41. Section 139A.8, subsection 2, paragraph e, Code
2017, is amended to read as follows:
e. A person shall not be enrolled in school in the seventh
grade or twelfth grade in Iowa without evidence of adequate
immunization against meningococcal disease in accordance
with standards approved by the United States public health
service of the United States department of health and human
services for such biological products and is in accordance with
immunization practices recommended by the advisory committee
on immunization practices of the centers for disease control
and prevention.
Sec. 42. Section 144.18, Code 2017, is amended to read as
follows:
144.18 Court hearing.
1. The court shall fix a time and place for hearing the
petition and shall give the registration official who refused
to register the petitioner's delayed certificate of birth at
least ten days' notice of such hearing. If both persons to be
named as parents are not a party to the petition, such person
or persons, if living, shall also be given at least ten days'
notice of the hearing. The court shall prescribe the manner
of such notice. Such official, or the official's authorized
representative, may appear and testify in the proceeding.
2. If the court from the evidence presented finds that
the person for whom a delayed certificate of birth is sought
was born in this state, it shall make findings as the case
may require and shall issue an order on a form prescribed
and furnished by the state registrar to establish a record
of birth. The order shall include the birth data to be
registered, a description of the evidence presented, and the
date of the court's action.
3. The clerks of the district court shall forward each
order to the state registrar not later than the tenth day of
the calendar month following the month in which it was entered.
The order shall be registered by the state registrar and shall
constitute the record of birth, from which copies may be
issued in accordance with sections 144.42 to through 144.46,
inclusive.
Sec. 43. Section 153.33, subsection 3, paragraph g, Code
2017, is amended to read as follows:
g. The findings of fact made by the board acting within
its power shall, in the absence of fraud, be conclusive, but
the district court shall have power to review questions of law
involved in any final decision or determination of the board;
provided, that if application is made by the aggrieved party
within thirty days after such determination by certiorari,
mandamus, or such other method of review or appeal permitted
under the laws of this state, and to make such further orders
in respect thereto as justice may require.
Sec. 44. Section 154B.1, subsections 2 and 6, Code 2017, are
amended to read as follows:
2. "Collaborative practice agreement" means a written
agreement between a prescribing psychologist and a licensed
physician that establishes clinical protocols, practice
guidelines, and care plans relevant to the scope of the
collaborative practice. The practice guidelines may include
limitations on the prescribing of psychotropic medications
by psychologists and protocols for prescribing to special
populations, including patients who are less than seventeen
years of age or over sixty=five years of age, patients who
are pregnant, and patients with serious medical conditions
including but not limited to heart disease, cancer, stroke,
seizures, and patients with developmental disabilities and
intellectual disabilities.
6. "Practice of psychology" means the application of
established principles of learning, motivation, perception,
thinking, and emotional relations to problems of behavior
adjustment, group relations, and behavior modification,
by persons trained in psychology for compensation or other
personal gain. The application of principles includes but
is not limited to: Counseling counseling and the use of
psychological remedial measures with persons, in groups or
individually, with adjustment or emotional problems in the
areas of work, family, school, and personal relationships;
measuring and testing personality, intelligence, aptitudes,
public opinion, attitudes, and skills; and the teaching of such
subject matter, and the conducting of research on the problems
relating to human behavior.
Sec. 45. Section 155A.6A, subsection 3, Code 2017, is
amended by striking the subsection.
Sec. 46. Section 161A.20, subsections 1, 3, and 4, Code
2017, are amended to read as follows:
1. After obtaining agreements to carry out recommended
soil conservation measures and proper farm plans from owners
of not less than fifty percent of the lands situated in the
subdistrict, a subdistrict shall have the authority to impose a
special annual tax, the proceeds of which shall be used for the
repayment of actual and necessary expenses incurred to organize
the subdistrict,; to acquire land or rights or interests
therein by purchase or condemnation,; and to repair, alteration
alter, maintenance maintain, and operation of operate the
present and future works of improvement within its boundaries.
3. If portions of the subdistrict are in more than one
county, then the governing body, as hereinbefore designated in
section 161A.19 in such event, after arriving at the estimate
in dollars deemed necessary for the entire subdistrict shall
ratably apportion such amount between the counties and transmit
and certify the prorated portion to the respective boards of
supervisors of each of the counties.
4. The board or boards of supervisors shall upon receipt
of certification from the governing body of the district
subdistrict make the necessary levy on the assessed valuation
of all real estate within the boundaries of the subdistrict
lying within their respective county to raise said amounts, but
in no event to exceed one dollar and eight cents per thousand
dollars of assessed value.
Sec. 47. Section 168.8, Code 2017, is amended to read as
follows:
168.8 Penalty.
Any person, partnership, corporation, company, firm,
society, or association who violates any provision of this
chapter shall be guilty of a simple misdemeanor.
Sec. 48. Section 177A.12, subsection 2, Code 2017, is
amended to read as follows:
2. The state entomologist, the entomologist's inspectors
or duly authorized agents are authorized to seize, destroy, or
return to the point of origin any material received in this
state in violation of any state quarantine established under
the authority of subsection 1, or in violation of any federal
quarantine established under the authority of the Act of August
20, 1912, 37 Stat. ch 308 federal Plant Protection Act, 7
U.S.C. {7701 et seq., or any amendment to that Act.
Sec. 49. Section 179.13, Code 2017, is amended to read as
follows:
179.13 Referendum.
1. At a time designated by the commission within eighteen
months after termination of the national promotional order made
pursuant to the Dairy Product Production Stabilization Act of
1983, 7 U.S.C. {4501 et seq., the commission shall conduct a
referendum under administrative procedures prescribed by the
department.
2. Upon signing a statement certifying to the department
that the person is a bona fide producer as defined in this
chapter, each producer is entitled to one vote in each
referendum. When the secretary is required to determine the
approval or disapproval of producers under this section, the
secretary shall consider the approval or disapproval of a
cooperative association of producers, engaged in a bona fide
manner in marketing milk, as the approval or disapproval
of the producers who are members of or contract with the
cooperative association of producers. If a cooperative
association elects to vote on behalf of its members, the
cooperative association shall provide each producer on whose
behalf the cooperative association is expressing approval or
disapproval with a description of the question presented in the
referendum together with a statement of the manner in which
the cooperative association intends to cast its vote on behalf
of the membership. The information shall inform the producer
of procedures to follow to cast an individual ballot if the
producer chooses to do so within the period of time established
by the secretary for casting ballots. The notification shall
be made at least thirty days prior to the referendum and shall
include an official ballot. The ballots shall be tabulated by
the secretary and the vote of the cooperative association shall
be adjusted to reflect the individual votes.
3. The department shall count and tabulate the ballots filed
during the referendum within thirty days of the close of the
referendum. If from the tabulation the department determines
that a majority of the total number of producers voting in the
referendum favors the proposal, the excise tax provided for in
this chapter shall be continued. The ballots cast pursuant
to this section constitute complete and conclusive evidence
for use in determinations made by the department under this
chapter.
4. The secretary may conduct a referendum at any time
after the Iowa dairy industry commission is reactivated, and
shall hold a referendum on request of a representative group
comprising ten percent or more of the number of producers
eligible to vote, to determine whether the producers favor the
termination or suspension of the excise tax. The secretary
shall suspend or terminate collection of the excise tax within
six months after the secretary determines that suspension or
termination of the excise tax is favored by a majority of the
producers voting in the referendum, and shall terminate the
excise tax in an orderly manner as soon as practicable after
the determination.
Sec. 50. Section 181.3, subsection 4, paragraph b, Code
2017, is amended to read as follows:
b. Except for an ex officio member, a vacancy in the
executive committee resulting from death, inability or refusal
to serve, or failure to meet the qualifications of this chapter
shall be filled by the executive committee. If the executive
committee fails to fill a vacancy, the secretary shall appoint
a person to fill it the vacancy. A vacancy appointment shall
be filled only for the remainder of the unexpired term.
Sec. 51. Section 198.7, subsection 1, paragraphs b, c, d, e,
and f, Code 2017, are amended to read as follows:
b. If it bears or contains any added poisonous, added
deleterious, or added nonnutritive substance which is unsafe
within the meaning of section 406 of the federal Federal Food,
Drug, and Cosmetic Act, codified at 21 U.S.C. {346, other than
one which is a pesticide chemical in or on a raw agricultural
commodity or a food additive.
c. If it is, or it bears or contains any food additive which
is unsafe within the meaning of section 409 of the federal
Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C.
{348.
d. If it is a raw agricultural commodity and it bears
or contains a pesticide chemical which is unsafe within the
meaning of section 408, subparagraph "a" of the federal Federal
Food, Drug, and Cosmetic Act, codified at 21 U.S.C. {346a,
provided, that where a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption
granted or a tolerance prescribed under section 408 of the
federal Federal Food, Drug, and Cosmetic Act, codified at 21
U.S.C. {346a, and such raw agricultural commodity has been
subjected to processing such as canning, cooking, freezing,
dehydrating or milling, the residue of such pesticide chemical
remaining in or on such processed feed shall not be deemed
unsafe if such residue in or on the raw agricultural commodity
has been removed to the extent possible in good manufacturing
practice and the concentration of such residue in the processed
feed is not greater than the tolerance prescribed for the raw
agriculture commodity unless the feeding of such processed feed
will result or is likely to result in a pesticide residue in
the edible product of the animal, which is unsafe within the
meaning of section 408, subparagraph "a" of the federal Federal
Food, Drug, and Cosmetic Act, codified at 21 U.S.C. {346a.
e. If it is, or it bears or contains any color additive
which is unsafe within the meaning of section 706 of the
federal Federal Food, Drug, and Cosmetic Act, codified at 21
U.S.C. {379e.
f. If it is, or it bears or contains a new animal drug which
is unsafe within the meaning of the federal Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. {360b et seq.
Sec. 52. Section 218.48, Code 2017, is amended to read as
follows:
218.48 Annual reports.
The superintendent or business manager of each institution
shall make an annual report to the administrator in control
of the particular institution and include in the report a
detailed and accurate inventory of the stock and supplies
on hand, and their amount and value, under the following
headings: livestock, farm
1. Livestock.
2. Farm produce on hand, vehicles, agricultural.
3. Vehicles.
4. Agricultural implements, machinery, mechanical.
5. Machinery.
6. Mechanical fixtures, real.
7. Real estate, furniture, and bedding.
8. Furniture.
9. Bedding in residents' department, state.
10. State property in superintendent's department,
clothing, dry.
11. Clothing.
12. Dry goods, provisions.
13. Provisions and groceries, drugs.
14. Drugs and medicine, fuel, library, and all.
15. Fuel.
16. Library.
17. All other state property under appropriate headings to
be determined by the particular administrator involved.
Sec. 53. Section 232.114, subsection 4, Code 2017, is
amended to read as follows:
4. The county attorney and attorney general shall comply
with the requirements of chapter 232B and the federal Indian
Child Welfare Act, Pub. L. No. 95=608, when either chapter 232B
or the federal Indian Child Welfare Act is determined to be
applicable in any proceeding under this division.
Sec. 54. Section 232.188, subsection 5, paragraph e, Code
2017, is amended to read as follows:
e. The annual child welfare and juvenile justice
decategorization services plan developed for use of the funding
pool by a decategorization governance board shall be submitted
to the department administrator of child welfare services and
the early childhood Iowa empowerment state board. In addition,
the decategorization governance board shall submit an annual
progress report to the department administrator and the early
childhood Iowa empowerment state board which summarizes the
progress made toward attaining the objectives contained in the
plan. The progress report shall serve as an opportunity for
information sharing and feedback.
Sec. 55. Section 234.6, subsection 1, unnumbered paragraph
1, Code 2017, is amended to read as follows:
The administrator shall be vested with the authority to
administer the family investment program, state supplementary
assistance, food programs, child welfare, and emergency relief,
family and adult service programs, and any other form of
public welfare assistance and institutions that are placed
under the administrator's administration. The administrator
shall perform duties, shall formulate and adopt rules as may
be necessary;, and shall outline policies, dictate procedure,
and delegate such powers as may be necessary for competent
and efficient administration. Subject to restrictions that
may be imposed by the director of human services and the
council on human services, the administrator may abolish,
alter, consolidate, or establish subdivisions and may abolish
or change offices previously created. The administrator
may employ necessary personnel and fix their compensation;
may allocate or reallocate functions and duties among any
subdivisions now existing or later established; and may
adopt rules relating to the employment of personnel and the
allocation of their functions and duties among the various
subdivisions as competent and efficient administration may
require. The administrator shall:
Sec. 56. Section 234.6, subsection 1, paragraph f, Code
2017, is amended to read as follows:
f. Administer the food programs authorized by federal law,
and recommend rules necessary in the administration of those
programs to the director for promulgation adoption pursuant to
chapter 17A.
Sec. 57. Section 237A.25, subsection 1, Code 2017, is
amended to read as follows:
1. The department shall develop consumer information
material to assist parents in selecting a child care provider.
In developing the material, the department shall consult with
department of human services staff, department of education
staff, the state child care advisory committee, the early
childhood Iowa empowerment state board, and child care resource
and referral services. In addition, the department may consult
with other entities at the local, state, and national level.
Sec. 58. Section 256.11, subsection 5, paragraph h,
subparagraph (3), Code 2017, is amended to read as follows:
(3) The department of education shall permit school
districts, in meeting the requirements of this section, to
use career and technical education core courses in more than
one career and technical education service area and to use
multi=occupational courses to complete a sequence in more than
one career and technical education service area.
Sec. 59. Section 256.39, subsection 6, Code 2017, is amended
to read as follows:
6. The department of education shall direct and monitor
the progress of each career pathways consortium in developing
career pathways programs. By January 15, 1998, the department
shall submit to the general assembly any findings and
recommendations of the career pathways consortia, along with
the department's recommendations for specific career pathways
program efforts and for appropriate funding levels to implement
and sustain the recommended programs.
Sec. 60. Section 256.42, subsection 7, Code 2017, is amended
to read as follows:
7. The department may waive for one year the provisions
of section 256.11, subsection 5, which require that specified
subjects be offered and taught by professional staff of a
school district or school, if the school district or school
makes every reasonable and good=faith effort to employ a
teacher licensed under chapter 272 for such a subject, and the
school district or school proves to the satisfaction of the
department that the school district or school is unable to
employ such a teacher.
a. The specified subject shall be provided by the
initiative.
b. The specified subject may instead be provided by the
school district or school if all of the following conditions
are met:
a. (1) The course content is provided through an online
learning platform by an Iowa licensed teacher with online
learning experience.
b. (2) The course content provided is aligned with school
district or school standards and satisfies the requirements of
subsection 6.
c. (3) The course is not offered by the initiative pursuant
to this section, or the course offered by the initiative lacks
the capacity to accommodate additional students.
d. (4) The course is the sole course per semester that
the school district or school is providing instead of the
initiative pursuant to this subsection.
Sec. 61. Section 256H.1, subsection 2, paragraph a, Code
2017, is amended to read as follows:
a. "Active duty" means full=time duty status in the active
uniformed service of the United States, including members of
the national guard and reserve on active duty orders pursuant
to 10 U.S.C. {1209 ch. 1209 and 1211.
Sec. 62. Section 256H.1, subsection 3, paragraph a,
subparagraph (1), Code 2017, is amended to read as follows:
(1) Active duty members of the uniformed services as defined
in this compact, including members of the national guard and
reserve on active duty orders pursuant to 10 U.S.C. {1209 ch.
1209 and 1211.
Sec. 63. Section 256I.4, subsection 8, Code 2017, is amended
to read as follows:
8. Develop and implement a designation process for area
boards. Allow for flexibility and creativity of area boards in
implementing area board responsibilities and provide authority
for the area boards to support the communities in the areas
served. The system process shall provide for action to address
poor performing areas as well as higher performing areas. The
state board shall determine how often area boards are reviewed
under the system process.
Sec. 64. Section 256I.9, subsection 3, paragraph b,
subparagraph (1), Code 2017, is amended to read as follows:
(1) Family support services and parent education programs
promoted to parents of children from zero through age five.
Family support services shall include but are not limited to
home visitation and parent education. Of the state funding
that an area board designates for family support programs, at
least sixty percent shall be committed to programs with a home
visitation component.
Sec. 65. Section 258.2, Code 2017, is amended to read as
follows:
258.2 State board for career and technical education.
The state board of education shall constitute the state
board for career and technical education.
Sec. 66. Section 258.3A, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
The state board shall do all of the following:
Sec. 67. Section 258.4, subsections 1, 7, 8, and 9, Code
2017, are amended to read as follows:
1. Develop and submit to the state board for approval the
multi=year state plan developed in accordance with federal laws
and regulations governing career and technical education.
7. Review and approve career and technical education
programs to ensure that the programs meet standards adopted by
the state board for career and technical education pursuant to
section 258.3A. The director shall annually review at least
twenty percent of the approved career and technical programs
as a basis for continuing approval to ensure that the programs
meet board standards and are compatible with educational reform
efforts, are capable of responding to technological change and
innovation, and meet the educational needs of students and the
employment community. The review shall include an assessment
of the extent to which the competencies in the program
are being mastered by the students enrolled, the costs are
proportionate to educational benefits received, the career and
technical education curriculum is articulated and integrated
with other curricular offerings required of all students,
the programs would permit students with career and technical
education backgrounds to pursue other educational interests in
a postsecondary institutional setting, and the programs remove
barriers for both traditional and nontraditional students to
access educational and employment opportunities.
8. Facilitate the process established by the state board
for the implementation of a statewide system of regional
career and technical education planning partnerships that
utilize the services of local school districts, community
colleges, sector partnerships, and other resources to assist
local school districts in meeting career and technical
education standards while avoiding unnecessary duplication of
services. The director shall also review and approve regional
planning partnerships and regional centers to ensure that the
partnerships and centers meet the standards adopted by the
state board pursuant to section 258.3A, subsection 5.
9. Enforce rules adopted by the state board pursuant to
section 258.3A.
Sec. 68. Section 258.6, subsections 1, 2, and 3, Code 2017,
are amended to read as follows:
1. "Approved career and technical education program" means
a career and technical education program offered by a school
district or community college and approved by the department
which meets the standards for career and technical education
programs adopted by the state board under this chapter.
2. "Approved practitioner preparation school, department,
or class" means a school, department, or class approved by the
state board as entitled under this chapter to federal moneys
for the training of teachers of career and technical education
subjects.
3. "Approved regional career and technical education
planning partnership" means a regional entity that meets the
standards for regional career and technical education planning
partnerships adopted by the state board pursuant to section
258.3A and section 258.14.
Sec. 69. Section 258.6, subsection 4, Code 2017, is amended
by striking the subsection.
Sec. 70. Section 258.6, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 9A. "State board" means the state board for
career and technical education as provided in section 258.2.
Sec. 71. Section 258.9, subsection 1, Code 2017, is amended
to read as follows:
1. The board of directors of a school district or
community college that maintains a career and technical
education program receiving federal or state funds under
this chapter shall, as a condition of approval by the state
board, appoint a local advisory council for each career and
technical education program offered by the school district or
community college. However, a school district and a community
college that maintain a career and technical education program
receiving federal or state funds may create a joint local
advisory council. The membership of each local advisory
council shall consist of public members with expertise in
the occupation or occupational field related to the career
and technical education program. The local advisory council
shall give advice and assistance to the board of directors,
administrators, and instructors in the establishment and
maintenance of the career and technical education program.
Sec. 72. Section 258.12, Code 2017, is amended to read as
follows:
258.12 Custodian of funds.
The treasurer of state shall be custodian of the funds paid
to the state from the appropriations made under the federal
Carl D. Perkins Career and Technical Education Improvement Act
of 2006, 20 U.S.C {2301 et seq., as amended, and shall disburse
the same on vouchers audited as provided by law.
Sec. 73. Section 258.14, subsection 3, paragraphs a and d,
Code 2017, are amended to read as follows:
a. Ensuring compliance with standards adopted by the state
board under section 258.3A, subsection 5, for regional career
and technical education planning partnerships.
d. Reviewing career and technical education programs of
school districts within the region based on standards adopted
by the state board, and recommending to the department career
and technical education programs for approval.
Sec. 74. Section 258.14, subsection 3, paragraph f,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Planning for regional centers with the purpose of achieving
equitable access to high=quality career and technical education
programming and concurrent enrollment opportunities for all
students. As a condition for approval, a regional center shall
comply with standards adopted by the state board and shall
consist of a minimum of four career academies. A regional
center shall be compatible with development of a statewide
system of regional centers serving all students. A regional
center shall serve either of the following:
Sec. 75. Section 258.14, subsection 4, paragraph e, Code
2017, is amended to read as follows:
e. Representatives of regional economic and workforce
entities including regional advisory local workforce
development boards established under section 84A.4.
Sec. 76. Section 258.15, subsection 2, Code 2017, is amended
to read as follows:
2. The state board, in consultation with the division of
community colleges of the department, shall adopt rules setting
minimum standards for the development and implementation of
career academies under this section and ensuring compliance
with the federal Carl D. Perkins Career and Technical Education
Improvement Act of 2006, 20 U.S.C. {2301 et seq., as amended.
Sec. 77. Section 260C.5, subsection 1, Code 2017, is amended
to read as follows:
1. Designate a community college as an "area career and
technical education school" within the meaning of, and for the
purpose of administering, the federal Carl D. Perkins Career
and Technical Education Improvement Act of 2006. A community
college shall not be so designated by the director for the
expenditure of funds under 20 U.S.C. {2301 et seq., as amended,
which has not been designated and classified as a community
college by the state board.
Sec. 78. Section 260C.47, subsection 1, unnumbered
paragraph 1, Code 2017, is amended to read as follows:
The state board of education shall establish an
accreditation process for community college programs. The
process shall be jointly developed and agreed upon by the
department of education and the community colleges. The
state accreditation process shall be integrated with the
accreditation process of the higher learning commission,
including the evaluation cycle, the self=study process, and
the criteria for evaluation, which shall incorporate the
standards for community colleges developed under section
260C.48; and shall identify and make provision for the needs of
the state that are not met by the association's commission's
accreditation process. The department of education shall use
a two=component process for the continued accreditation of
community college programs.
Sec. 79. Section 260C.47, subsection 1, paragraph c, Code
2017, is amended to read as follows:
c. Rules adopted by the state board shall include provisions
for coordination of the accreditation process under this
section with activities of accreditation associations agencies,
which are designed to avoid duplication in the accreditation
process.
Sec. 80. Section 261E.6, subsection 3, Code 2017, is amended
to read as follows:
3. Authorization. To participate in this program, an
eligible student shall make application to an eligible
postsecondary institution to allow the eligible student to
enroll for college credit in a nonsectarian course offered at
the institution. A comparable course, as defined in rules
adopted by the board of directors of the school district
consistent with department administrative rule, must not
be offered by the school district or accredited nonpublic
school the student attends. However, a A course is ineligible
for purposes of this section if the school district has
a contractual agreement with the eligible postsecondary
institution under section 261E.8 that meets the requirements of
section 257.11, subsection 3, and the course may be delivered
through such an agreement in accordance with section 257.11,
subsection 3. If the postsecondary institution accepts
an eligible student for enrollment under this section, the
institution shall send written notice to the student, the
student's parent or legal guardian in the case of a minor
child, and the student's school district or accredited
nonpublic school and the school district in the case of a
nonpublic school student, or the Iowa school for the deaf or
the Iowa braille and sight saving school. The notice shall
list the course, the clock hours the student will be attending
the course, and the number of hours of college credit that the
eligible student will receive from the eligible postsecondary
institution upon successful completion of the course.
Sec. 81. Section 262.14, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
The board may invest funds belonging to the institutions,
subject to chapters 12F, and 12H, and 12J and the following
regulations:
Sec. 82. Section 279.19B, subsection 2, Code 2017, is
amended to read as follows:
2. For the first two weeks of employment in which a
qualified individual who possesses a transitional coaching
authorization is employed as a transitional coach and for the
first extracurricular interscholastic athletic contest or
competition sponsored by an organization as defined in section
280.13, the individual shall be supervised by a certified
athletic director, administrator, or other practitioner
in a supervisory role. If the individual performs to the
supervising practitioner's satisfaction, the supervising
practitioner shall sign and date an evaluation form provided
by the organization to certify that the individual meets
expectations to work with student athletes as a transitional
coach. The organization shall develop and offer on its
internet site an evaluation form that meets the requirements
of this subsection.
Sec. 83. Section 282.7, subsection 2, Code 2017, is amended
to read as follows:
2. If the career and technical education program offered
by a school district does not meet the board for career and
technical education's standards for program approval adopted
by the state board for career and technical education, the
district shall be granted one year to meet the standards for
approval. If a district chooses to waive the one=year grace
period, or the district fails to meet the approval standards
after one year, the director of the board for career and
technical department of education shall delegate the authority
to the regional career and technical education planning
partnership established pursuant to section 258.14 to direct
the district to contract with another school district or a
community college which has an approved program, for the
provision of career and technical education for students of
the district. The district that has waived the one=year grace
period or has failed to meet the approval standards shall pay
to the district or community college that has an approved
program an amount equal to the percent of the school day in
which a pupil is receiving career and technical education in
the approved program times the district cost per pupil of the
district of residence of the pupil. The regional career and
technical education planning partnership established pursuant
to section 258.14 shall contract with an approved program for
delivery of career and technical education in the district
which has failed to meet the approval standards or has waived
the one=year grace period. Transportation to and from the
approved program shall be provided by the school district that
has waived the one=year grace period or has failed to meet
approval standards. Reasonable effort shall be made to conduct
the approved program at an attendance center in the district
that has failed to meet the approval standards or has waived
the one=year grace period.
Sec. 84. Section 294.14, Code 2017, is amended to read as
follows:
294.14 Estimate of funds needed ==== levy.
The board of directors of said district shall annually,
for a period of five years after the effective date of the
termination of its pension system, at the meeting at which
it estimates the amount required for the general fund, in
accordance with the provisions of section 298.1, estimate the
additional amount if any necessary to pay to participants in
the pension system who are not entitled to receive benefits
under such system at the date of termination thereof, one=fifth
of the amount paid into said pension fund by such participants
therein, without interest, which amount shall be levied by
the board of supervisors, in accordance with provisions of
section 298.8 and, in addition thereto, the board of directors
of said district shall each year at the meeting at which
it estimates the amount required for the general fund, in
accordance with the provisions of section 298.1, estimate the
additional amount, if any, necessary to provide the required
annual payments to surviving beneficiaries of said pension
system, as defined provided in section 294.12, which amount
shall be levied by the board of supervisors, in accordance with
the provisions of section 298.8. Upon the death of the last
beneficiary, as defined in section 294.12, to survive, any
balance remaining in said fund, including any undisposed of
accumulations, shall be transferred to the general fund of said
school district.
Sec. 85. Section 303.66, subsection 2, Code 2017, is amended
to read as follows:
2. Taxes levied by the board shall be certified on or before
the first day of March to the county auditor of each county
where any of the property included within the territorial
limits of the land use district is located, and shall be placed
upon the tax list for the current year, and the. The county
treasurer shall collect the taxes in the same manner as other
taxes, and when. When delinquent they, the taxes shall draw
the same interest and penalties as other taxes. All taxes so
levied and collected shall be paid over to the treasurer of the
district.
Sec. 86. Section 313.2, subsection 2, paragraph b, Code
2017, is amended to read as follows:
b. However, prior to entering into the agreement, a notice
of intent to execute such agreement shall be published in a
newspaper of general circulation within the county and the cost
of such notice shall be jointly borne by the department and
the board of supervisors. If one hundred or more residents of
the county request by petition or in writing that a hearing
be held in regard to such agreement within ten days after the
publication of the notice, the board of supervisors and the
department shall hold such a hearing not more than seven days
after receiving the petition or written instrument, and based.
Based upon evidence presented at such the hearing, the board of
supervisors and the department shall reexamine the merits of
executing such agreement and make a decision in regard to it.
Sec. 87. Section 313.5, subsection 2, Code 2017, is amended
to read as follows:
2. The provisions of chapter 8 shall apply except that
the provisions of section 8.39 shall not apply to funds
appropriated to the department under section 313.4; however,
the first paragraph of section 8.39, subsection 1, shall
apply to appropriations for support of the department and for
engineering and administration of highway work and maintenance
of the primary road system.
Sec. 88. Section 313.12, Code 2017, is amended to read as
follows:
313.12 Supervision and inspection.
The department is expressly charged with the duty of
supervision, inspection, and direction of the work of
construction of primary roads on behalf of the state, and
of supervising the expenditure of all funds paid on account
of such work by the state or the county on the primary road
system and it shall do and perform all other matters and
things necessary to the faithful completion of the work herein
authorized in this section.
Sec. 89. Section 314.21, subsection 1, paragraph b, Code
2017, is amended to read as follows:
b. A city or county which has a project which qualifies for
the use of these funds shall submit a request for the funds
to the state department of transportation. A city or county
may, at its option, apply moneys allocated for use on city
or county projects under this subsection toward qualifying
projects on the primary road system. The state department of
transportation in consultation with the department of natural
resources shall determine which projects qualify for the
funds and which projects shall be funded if the requests for
the funds exceed the availability of the funds. In ranking
applications for funds, the department shall consider the
proportion of political subdivision matching funds to be
provided, if any, and the proportion of private contributions
to be provided, if any. In considering the proportion of
political subdivision matching funds provided, the department
shall consider only those moneys which are in addition to those
which the political subdivision has historically provided
toward such projects. Funds allocated to the cities, the
counties, and the department which are not programmed by the
end of each fiscal year shall be available for redistribution
to any eligible applicant regardless of the original allocation
of funds. Such funds shall be awarded for eligible projects
based upon their merit in meeting the program objectives
established by the department under section 314.22. The
department shall submit a report of all projects funded in
the previous fiscal year to the governor and to the general
assembly on January 15 of each year.
Sec. 90. Section 317.25, subsection 2, Code 2017, is amended
to read as follows:
2. Any person violating subsection 1 commits a public
offense and is subject to a fine not to exceed one hundred
dollars.
Sec. 91. Section 321.34, subsection 13, paragraph a,
subparagraph (1), Code 2017, is amended to read as follows:
(1) The owner of a motor vehicle subject to registration
pursuant to section 321.109, subsection 1, autocycle,
motor truck, motor home, multipurpose vehicle, motorcycle,
trailer, or travel trailer may upon request be issued special
registration plates that contain a space reserved for the
placement of an organization decal. If the special plates are
requested at the time of initial application for registration
and certificate of title for the vehicle, no special plate
fee is required other than the regular annual registration
fee for the vehicle. If the special plates are requested
as replacement plates, the owner shall surrender the current
regular or special registration plates in exchange for the
special plates and shall pay a replacement plate fee of five
dollars. The county treasurer shall validate special plates
with an organization decal in the same manner as regular
plates, upon payment of the annual registration fee.
Sec. 92. Section 321.40, subsection 6, paragraph a, Code
2017, is amended to read as follows:
a. The department or the county treasurer shall refuse
to renew the registration of a vehicle registered to the
applicant if the department or the county treasurer knows that
the applicant has a delinquent account, charge, fee, loan,
taxes, or other indebtedness owed to or being collected by
the state, from information provided pursuant to sections
8A.504 and 421.17. An applicant may contest this action by
requesting initiating a contested case proceeding from with
the agency that referred the debt for collection pursuant to
section 8A.504. The department of revenue and the department
of transportation shall notify the county treasurers through
the distributed teleprocessing network of persons who owe
such a delinquent account, charge, fee, loan, taxes, or other
indebtedness.
Sec. 93. Section 321.40, subsection 7, paragraph a, Code
2017, is amended to read as follows:
a. The department or the county treasurer shall refuse to
renew the registration of a vehicle registered to an applicant
if the department or the county treasurer knows that the
applicant has not paid a civil penalty imposed on the applicant
pursuant to section 321N.3, subsection 3. An applicant may
contest this action by requesting initiating a contested
case proceeding from with the department. The department
shall notify the county treasurers through the distributed
teleprocessing network of persons who have not paid such civil
penalties.
Sec. 94. Section 321.189, subsection 8, Code 2017, is
amended to read as follows:
8. Veterans status. A licensee who is an honorably
discharged veteran of the armed forces of the United States may
request that the license be marked to reflect the licensee's
veteran status. Upon such a request, the word "VETERAN" shall
be marked prominently on the face of the license. Such a
license shall be issued upon receipt of satisfactory proof
of veteran status pursuant to procedures established by the
department in consultation with the department of veterans
affairs, or upon presentation of the licensee's certification
of release or discharge from active duty, DD form 214, to
the department at the time of the licensee's request, if the
form indicates the licensee was honorably discharged. If
the license is issued upon presentation of the licensee's
certification of release or discharge from active duty, DD form
214, the department shall notify the commission of veteran
affairs of the county of the licensee's residence that the
licensee was issued a license marked to reflect the licensee's
veteran status. After receiving notification from the
department, the commission of veteran affairs shall initiate
contact with the licensee.
Sec. 95. Section 321.285, subsection 7, Code 2017, is
amended to read as follows:
7. A person who violates this section for excessive speed
in violation of a speed limit commits a simple misdemeanor
punishable as a scheduled violation under section 805.8A,
subsection 5. A person who violates this section for excessive
operates a school bus at a speed as an operator of a school bus
which exceeds a limit established under this section by ten
miles an hour or less commits a simple misdemeanor punishable
as a scheduled violation under section 805.8A, subsection
10. A person who violates any other provision of this section
commits a simple misdemeanor.
Sec. 96. Section 321.463, subsection 5, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
The maximum gross weight allowed to be carried on a vehicle
or combination of vehicles on highways which are part of the
primary road system is as follows:
Sec. 97. Section 321G.13, subsection 2, paragraph b,
subparagraph (1), Code 2017, is amended to read as follows:
(1) A person may operate or ride on a snowmobile with a
loaded firearm, whether concealed or not, without a permit to
carry weapons, if the person operates or rides on land owned or
possessed by the person, and the person's conduct is otherwise
lawful.
Sec. 98. Section 321G.13, subsection 2, paragraph b,
subparagraph (2), unnumbered paragraph 1, Code 2017, is amended
to read as follows:
If a person is operating or riding on a snowmobile on land
that is not owned or possessed by the person, the person may
operate or ride the snowmobile with a loaded firearm, whether
concealed or not, if all of the following apply:
Sec. 99. Section 321I.14, subsection 2, paragraph b,
subparagraph (1), Code 2017, is amended to read as follows:
(1) A person may operate or ride on an all=terrain vehicle
with a loaded firearm, whether concealed or not, without a
permit to carry weapons, if the person operates or rides on
land owned or possessed by the person, and the person's conduct
is otherwise lawful.
Sec. 100. Section 321I.14, subsection 2, paragraph b,
subparagraph (2), unnumbered paragraph 1, Code 2017, is amended
to read as follows:
If a person is operating or riding on an all=terrain
vehicle on land that is not owned or possessed by the person,
the person may operate or ride the all=terrain vehicle with
a loaded firearm, whether concealed or not, if all of the
following apply:
Sec. 101. Section 325A.1, subsection 13, Code 2017, is
amended to read as follows:
13. "Private carrier" means a person who provides
transportation of property or passengers by motor vehicle,
is not a for=hire motor carrier or a transportation network
company or a transportation network company driver, as
defined in section 321N.1, or who transports commodities
of which the person is the owner, lessee, or bailee and
the transportation is a furtherance of the person's primary
business or occupation, but is not a for=hire motor carrier or
a transportation network company or a transportation network
company driver, as defined in section 321N.1.
Sec. 102. Section 331.655, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. For serving a notice and returning it, for the first
person served, fifteen dollars, and for each additional person,
fifteen dollars, except that the fee for serving additional
persons in the same household shall be ten dollars for each
additional service, or if the service of notice cannot be
made or several attempts are necessary, the repayment of all
necessary expenses actually incurred by the sheriff while
attempting in good faith to serve the notice.
Sec. 103. Section 331.910, subsection 4, paragraph f, Code
2017, is amended to read as follows:
f. While in the receiving state pursuant to a contract
under this subsection, a person detained, committed, or placed
under the laws of a sending state shall be subject to all laws
and regulations of the receiving state, except those laws and
regulations with respect to the involuntary civil commitment
of the person due to a mental illness or substance=related
disorder. A person shall not be sent to a receiving state
pursuant to a contract under this section subsection until the
receiving state has enacted a law recognizing the validity and
applicability of this subsection.
Sec. 104. Section 364.2, subsection 4, paragraph b, Code
2017, is amended to read as follows:
b. Such an ordinance shall not become effective unless
approved at an election. The proposal may be submitted by the
council on its own motion to the voters at any city election.
Upon receipt of a valid petition as defined in meeting the
requirements of section 362.4 requesting that a proposal be
submitted to the voters, the council shall submit the proposal
at the next regular city election or at a special election
called for that purpose before the next regular city election.
However, the city council may dispense with such election as
to the grant, amendment, extension, or renewal of an electric
light and power, heating, or gasworks franchise unless there is
a valid petition requesting submission of the proposal to the
voters, or the party seeking such franchise, grant, amendment,
extension, or renewal requests an election. If a majority of
those voting approves the proposal, the city may proceed as
proposed. The complete text of the ordinance shall be included
on the ballot if conventional paper ballots are used. If
an optical scan voting system is used, the proposal shall be
stated on the optical scan ballot, and the full text of the
ordinance posted for the voters pursuant to section 52.25. All
absentee voters shall receive the full text of the ordinance.
Sec. 105. Section 372.13, subsection 11, paragraph a, Code
2017, is amended to read as follows:
a. Council members shall be elected according to the council
representation plans under sections 372.4 and 372.5. However,
the council representation plan may be changed, by petition
and election, to one of those described in this subsection.
Upon receipt of a valid petition, as defined in meeting the
requirements of section 362.4, requesting a change to a council
representation plan, the council shall submit the question at
a special election. If a majority of the persons voting at
the special election approves the changed plan, it becomes
effective at the beginning of the term following the next
regular city election. If a majority does not approve the
changed plan, the council shall not submit another proposal to
change a plan to the voters within the next two years.
Sec. 106. Section 376.2, subsection 2, Code 2017, is amended
to read as follows:
2. Except as otherwise provided by state law or the city
charter, terms for elective offices are two years. However,
the term of an elective office may be changed to two or four
years by petition and election. Upon receipt of a valid
petition as defined in meeting the requirements of section
362.4, requesting that the term of an elective office be
changed, the council shall submit the question at a special
election. If a majority of the persons voting at the special
election approves the changed term, it becomes effective at the
beginning of the term following the next regular city election.
If a majority does not approve the changed term, the council
shall not submit the same proposal to the voters within the
next four years.
Sec. 107. Section 384.31, Code 2017, is amended to read as
follows:
384.31 Negotiable.
General obligation bonds issued pursuant to this part
division are negotiable instruments.
Sec. 108. Section 384.44, Code 2017, is amended to read as
follows:
384.44 Estimated cost.
The estimated total cost of any public improvement
constructed under this part division must include all of the
items of cost listed in section 384.37, subsection 26, which
the council proposes to include as a part of the cost of the
public improvement, and may include an item to be known as the
default fund amounting to not more than ten percent of the
portion of the total cost of the improvement which the council
proposes to assess against specially benefited property.
Sec. 109. Section 384.66, subsection 4, Code 2017, is
amended to read as follows:
4. No action may be brought questioning the regularity
of the proceedings pertaining to special assessments or the
validity of any special assessment levied for any public
improvement under this part division, from and after sixty
days after the final publication of notice of filing the final
assessment schedule.
Sec. 110. Section 384.76, Code 2017, is amended to read as
follows:
384.76 Application to joint undertakings.
The provisions of this division apply to any public
improvement undertaken jointly by the city and another city or
by the city and the state or any other political subdivision
of the state, and a city may enter into an agreement for such
purpose under the provisions of chapter 28E and may assess and
pay its portion of the cost of a public improvement as provided
in this division, but any requirement of this part division
in respect to approval of detailed plans and specifications,
calling for construction bids, awarding construction contracts
and acceptance of the completed improvement may be carried
out by each city with other cities, the state or any other
political subdivision of the state, as provided in an
agreement entered into as permitted by chapter 28E. However,
an agreement between the city and the state department of
transportation is also governed by the provisions of sections
313.21 to 313.23.
Sec. 111. Section 403A.10, Code 2017, is amended to read as
follows:
403A.10 Tax exemption and payments in lieu of taxes.
The property acquired or held pursuant to this chapter is
declared to be public property used exclusively for essential
city, or municipal public and governmental purposes and such
property is hereby declared to be exempt from all taxes and
special assessments of the state or of any state public body.
In lieu of taxes on such property a municipality may agree to
make payments to the state or a state public body (including
itself), including to the municipality, as it finds consistent
with the maintenance of the low=rent character of housing
projects and the achievement of the purposes of this chapter.
Sec. 112. Section 403A.12, Code 2017, is amended to read as
follows:
403A.12 Bonds.
1. A municipality shall have power to issue bonds from
time to time in its discretion, for any of the purposes of
this chapter. A municipality shall also have power to issue
refunding bonds for the purpose of paying or retiring bonds
previously issued by it. A municipality may issue such types
of bonds as it may determine, including (without limiting the
generality of the foregoing) bonds on which the principal and
interest are payable exclusively from the income and revenues
of the project financed with the proceeds of such bonds, or
exclusively from the income and revenues of certain designated
housing projects whether or not they are financed in whole
or in part with the proceeds of such bonds. Any such bonds
may be additionally secured by a pledge of any loan, grant or
contribution or parts thereof from the federal government or
other source, or a pledge of any income or revenues connected
with a housing project or a mortgage of any housing project or
projects. The authority to issue bonds under this subsection
does not limit the municipality's general authority to issue
bonds for any of the purposes of this chapter.
2. Neither the governing body of a municipality nor any
person executing the bonds shall be liable personally on the
bonds by reason of the issuance thereof hereunder. The bonds
and other obligations issued under the provisions of this
chapter (and such bonds and obligations shall so state on their
face) shall be payable solely from the sources provided in this
section and shall not constitute an indebtedness within the
meaning of any constitutional or statutory debt limitation or
restriction. The bonds and obligations shall state on their
face that they are payable solely from the sources provided in
this section and that they do not constitute an indebtedness
within the meaning of any constitutional or statutory debt
limitation or restriction. Bonds issued pursuant to this
chapter are declared to be issued for an essential public
and governmental purpose and to be public instrumentalities
and, together with interest thereon and income therefrom,
shall be exempt from taxes. The tax exemption provisions of
this chapter shall be considered part of the security for the
repayment of bonds and shall constitute, by virtue of this
chapter and without the necessity of the same being restated
in said bonds, a contract between the bondholders and each and
every one thereof, including all transferees of said bonds from
time to time on the one hand and the respective municipalities
issuing said bonds and the state on the other.
Sec. 113. Section 403A.18, Code 2017, is amended to read as
follows:
403A.18 Transfer of possession or title to federal
government.
In any contract with the federal government for annual
contributions to a municipality, the municipality may obligate
itself, which obligation shall be specifically enforceable and
shall not constitute a mortgage, notwithstanding any other
law, to convey to the federal government possession of or
title to the housing project to which such contract relates,
upon the occurrence of a substantial default as defined in
such contract with respect to the covenant or conditions to
which the municipality is subject; and such. The contract may
further provide that in case of such conveyance, the federal
government may complete, operate, manage, lease, convey, or
otherwise deal with the housing project and funds in accordance
with the terms of such the contract: Provided, provided that
the contract requires that, as soon as practicable after the
federal government is satisfied that all defaults with respect
to the housing project have been cured and that the housing
project will thereafter be operated in accordance with the
terms of the contract, the federal government shall reconvey to
the municipality the housing project as then constituted.
Sec. 114. Section 404A.1, subsection 6, Code 2017, is
amended to read as follows:
6. "Program" shall mean the historic preservation and
cultural and entertainment district tax credit program set
forth in this chapter.
Sec. 115. Section 404A.2, subsection 1, Code 2017, is
amended to read as follows:
1. An eligible taxpayer who has entered into an agreement
under section 404A.3, subsection 3, is eligible to receive a
historic preservation and cultural and entertainment district
tax credit in an amount equal to twenty=five percent of
the qualified rehabilitation expenditures of a qualified
rehabilitation project that are specified in the agreement.
Notwithstanding any other provision of this chapter or any
provision in the agreement to the contrary, the amount of the
tax credits shall not exceed twenty=five percent of the final
qualified rehabilitation expenditures verified by the authority
pursuant to section 404A.3, subsection 5, paragraph "c".
Sec. 116. Section 404A.3, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. An eligible taxpayer seeking historic preservation and
cultural and entertainment district tax credits provided in
section 404A.2 shall make application to the authority in the
manner prescribed by the authority.
Sec. 117. Section 404A.5, subsection 2, Code 2017, is
amended to read as follows:
2. An annual report shall be filed which shall include
but is not limited to data on the number and potential value
of qualified rehabilitation projects begun during the latest
twelve=month period, the total historic preservation and
cultural and entertainment district tax credits originally
awarded or tax credit certificates originally issued during
that period, the potential reduction in state tax revenues
as a result of all awarded or issued tax credits still
unclaimed and eligible for refund, and the potential increase
in local property tax revenues as a result of the qualified
rehabilitation projects.
Sec. 118. Section 411.7, subsection 1, Code 2017, is amended
to read as follows:
1. The board of trustees is the trustee of the fire
and police retirement fund created in section 411.8 and
shall annually establish an investment policy to govern the
investment and reinvestment of the moneys in the fund, subject
to the terms, conditions, limitations, and restrictions imposed
by subsection 2 and chapters 12F, and 12H, and 12J. Subject
to like terms, conditions, limitations, and restrictions
the system has full power to hold, purchase, sell, assign,
transfer, or dispose of any of the securities and investments
in which the fund has been invested, as well as of the proceeds
of the investments and any moneys belonging to the fund.
Sec. 119. Section 422.11D, Code 2017, is amended to read as
follows:
422.11D Historic preservation and cultural and entertainment
district tax credit.
The taxes imposed under this division, less the credits
allowed under section 422.12, shall be reduced by a historic
preservation and cultural and entertainment district tax credit
allowed under chapter 404A.
Sec. 120. Section 422.15, subsection 1, Code 2017, is
amended to read as follows:
1. Every person or corporation being a resident of or
having a place of business in this state, including lessees
or mortgagors of real or personal property, fiduciaries,
employers and all officers and employees of the state or of any
political subdivision of the state, or agent of the person or
corporation, having the control, receipt, custody, disposal or
payment of interest (other other than interest coupons payable
to bearer) bearer, rent, salaries, wages, premiums, annuities,
compensations, remunerations, emoluments, unemployment
compensation, royalties, patronage dividends, or other fixed or
determinable annual or periodical gains, profits and income,
in an amount sufficient to require that an information return
be filed under the Internal Revenue Code if the income is
subject to federal tax, paid or payable during any year to any
individual, whether a resident of this state or not, shall make
a complete information return under such regulations and in
such form and manner and to such extent as may be prescribed by
the director. However, the person or corporation shall not be
required to file an information return if the information is
available to the department from the internal revenue service.
Sec. 121. Section 422.33, subsection 10, Code 2017, is
amended to read as follows:
10. The taxes imposed under this division shall be reduced
by a historic preservation and cultural and entertainment
district tax credit allowed under chapter 404A.
Sec. 122. Section 422.60, subsection 4, Code 2017, is
amended to read as follows:
4. The taxes imposed under this division shall be reduced by
a historic preservation and cultural and entertainment district
tax credit allowed under chapter 404A.
Sec. 123. Section 427B.1, Code 2017, is amended to read as
follows:
427B.1 Actual value added exemption from tax ==== public
hearing.
1. For purposes of this section:
a. "Distribution center" means a building or structure
used primarily for the storage of goods which are intended for
subsequent shipment to retail outlets. "Distribution center"
does not mean a building or structure used primarily to store
raw agricultural products, used primarily by a manufacturer
to store goods to be used in the manufacturing process, used
primarily for the storage of petroleum products, or used for
the retail sale of goods.
b. "New construction" means new buildings and structures
and includes new buildings and structures which are constructed
as additions to existing buildings and structures. "New
construction" does not include reconstruction of an existing
building or structure which does not constitute complete
replacement of an existing building or structure or refitting
of an existing building or structure, unless the reconstruction
of an existing building or structure is required due to
economic obsolescence and the reconstruction is necessary to
implement recognized industry standards for the manufacturing
and processing of specific products and the reconstruction
is required for the owner of the building or structure to
continue to competitively manufacture or process those products
which determination shall receive prior approval from the city
council of the city or the board of supervisors of the county.
c. "Research=service facilities" means a building or
group of buildings devoted primarily to research and
development activities, including but not limited to the
design and production or manufacture of prototype products for
experimental use, and corporate=research services which do not
have a primary purpose of providing on=site services to the
public.
d. "Warehouse" means a building or structure used as a
public warehouse for the storage of goods pursuant to chapter
554, article 7, except that it does not mean a building or
structure used primarily to store raw agricultural products or
from which goods are sold at retail.
2. A city council, or a county board of supervisors as
authorized by section 427B.2, may provide by ordinance for
a partial exemption from property taxation of the actual
value added to industrial real estate by the new construction
of industrial real estate, research=service facilities,
warehouses, distribution centers and the acquisition of or
improvement to machinery and equipment assessed as real estate
pursuant to section 427A.1, subsection 1, paragraph "e". "New
construction" means new buildings and structures and includes
new buildings and structures which are constructed as additions
to existing buildings and structures. "New construction" does
not include reconstruction of an existing building or structure
which does not constitute complete replacement of an existing
building or structure or refitting of an existing building or
structure, unless the reconstruction of an existing building
or structure is required due to economic obsolescence and the
reconstruction is necessary to implement recognized industry
standards for the manufacturing and processing of specific
products and the reconstruction is required for the owner
of the building or structure to continue to competitively
manufacture or process those products which determination shall
receive prior approval from the city council of the city or the
board of supervisors of the county. The exemption shall also
apply to new machinery and equipment assessed as real estate
pursuant to section 427A.1, subsection 1, paragraph "e", unless
the machinery or equipment is part of the normal replacement
or operating process to maintain or expand the existing
operational status. "Research=service facilities" means a
building or group of buildings devoted primarily to research
and development activities, including but not limited to the
design and production or manufacture of prototype products for
experimental use, and corporate=research services which do not
have a primary purpose of providing on=site services to the
public. "Warehouse" means a building or structure used as a
public warehouse for the storage of goods pursuant to chapter
554, article 7, except that it does not mean a building or
structure used primarily to store raw agricultural products
or from which goods are sold at retail. "Distribution center"
means a building or structure used primarily for the storage
of goods which are intended for subsequent shipment to retail
outlets. "Distribution center" does not mean a building or
structure used primarily to store raw agricultural products,
used primarily by a manufacturer to store goods to be used in
the manufacturing process, used primarily for the storage of
petroleum products, or used for the retail sale of goods.
2. 3. The ordinance may be enacted not less than thirty
days after a public hearing is held in accordance with section
335.6 in the case of a county, or section 362.3 in the case of
a city. The ordinance shall designate the length of time the
partial exemption shall be available and may provide for an
exemption schedule in lieu of that provided in section 427B.3.
However, an alternative exemption schedule adopted shall not
provide for a larger tax exemption in a particular year than
is provided for that year in the schedule contained in section
427B.3.
Sec. 124. Section 432.12A, Code 2017, is amended to read as
follows:
432.12A Historic preservation and cultural and entertainment
district tax credit.
The taxes imposed under this chapter shall be reduced by a
historic preservation and cultural and entertainment district
tax credit allowed under chapter 404A.
Sec. 125. Section 441.48, Code 2017, is amended to read as
follows:
441.48 Notice of adjustment.
Before the department of revenue shall adjust the valuation
of any class of property any such percentage, the department
shall serve ten days' notice by mail, on the county auditor
of the county whose valuation is proposed to be adjusted and
the. The department shall hold an adjourned meeting after
such ten days' notice, at which time the county or assessing
jurisdiction may appear by its city council or board of
supervisors, city or county attorney, and other assessing
jurisdiction, city or county officials, and make written or
oral protest against such proposed adjustment, which. The
protest shall consist simply of a statement of the error, or
errors, complained of with such facts as may lead to their
correction, and at such. At the adjourned meeting final action
may be taken in reference thereto to the proposed adjustment.
Sec. 126. Section 455B.183, subsection 2, unnumbered
paragraph 1, Code 2017, is amended to read as follows:
Upon adoption of standards by the commission pursuant
to section 455B.173, subsections 5 to through 8, plans
and specifications for sewer extensions and water supply
distribution system extensions covered by this section shall
be submitted to the city or county public works department
for approval if the local public works department employs
a qualified, licensed engineer who reviews the plans and
specifications using the specific state standards known as the
Iowa Standards standards for Sewer Systems sewer systems and
the Iowa Standards standards for Water Supply Distribution
Systems water supply distribution systems that have been
formulated and adopted by the department pursuant to section
455B.173, subsections 5 to through 8. The local agency shall
issue a written permit to construct if all of the following
apply:
Sec. 127. Section 455B.302, subsection 2, Code 2017, is
amended to read as follows:
2. Cities and counties may execute with public and private
agencies contracts, leases, or other necessary instruments, and
may purchase land and do all things necessary not prohibited
by law for the implementation of waste management programs,
collection of solid waste, establishment and operation of
sanitary disposal projects, and general administration of the
same. Any agreement executed with a private agency for the
operation of a sanitary disposal project shall provide for
the posting of a sufficient surety bond by the private agency
conditioned upon the faithful performance of the agreement. A
city or county may at any time during regular working hours
enter upon the premises of a sanitary disposal project,
including the premises of a sanitary landfill, in order to
inspect the premises and monitor the operations and general
administration of the project to ensure compliance with the
agreement and with state and federal laws. This includes
the right of the city or county to enter upon the premises
of a former sanitary disposal project which has been closed,
including the premises of a former sanitary landfill, owned
by a private agency, for the purpose of providing required
postclosure care.
Sec. 128. Section 456A.33B, subsection 3, paragraph c,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Each joint lake restoration action plan shall comply with
the following guidelines:
Sec. 129. Section 461A.32, Code 2017, is amended to read as
follows:
461A.32 Sale of park lands ==== conveyances to cities or
counties.
1. The commission may sell or exchange such parts of
public lands under the jurisdiction of the commission as in
its judgment may be undesirable for conservation purposes,
excepting state=owned meandered lands already surveyed and
platted at state expense as a conservation plan and project
tentatively adopted and now in the process of rehabilitation
and development authorized by a special legislative Act. The
sale or exchange shall be made upon the terms, conditions or
considerations as the commission may approve, whereupon the
secretary of state shall issue a patent therefor in the manner
provided by law in other cases. The proceeds of any such sale
or exchange shall become a part of the funds to be expended
under the provisions of this chapter.
2. Upon request by resolution of any city, or county, or
any legal agency thereof of any city or county, the executive
council may, upon majority recommendation of the commission,
convey without consideration to such city, or county, or legal
agency thereof of the city or county, such public lands under
the jurisdiction of the commission as in its judgment may be
desirable for city or county parks. Conveyance shall be in the
name of the state, with the great seal of the state attached
and shall contain a provision that when such lands cease to be
used as public park by said city or county such lands revert to
the state, and such park shall, within one year after such land
has reverted to the state, be restored, as nearly as possible,
to the condition it was in when acquired by such city, county,
or legal agency thereof of the city or county at the expense of
such city, county, or legal agency.
3. The state may require that the city, county, or legal
agency thereof of the city or county file a notice of intention
every three years.
Sec. 130. Section 461A.68, Code 2017, is amended to read as
follows:
461A.68 Final order ==== condition.
It The commission may grant such permit in whole or in
part upon such terms, conditions and restrictions as may be
determined by it the commission to be just and proper and in
the public interest, provided that. However, before any permit
shall be granted to any such municipality or corporation, the
commission shall, after public hearing as provided hereby in
this subchapter, determine whether the water recreational area
will be in the interests of the public health and welfare and
an affirmative finding to such effect shall be a condition
precedent to the granting of such permit.
Sec. 131. Section 461A.74, Code 2017, is amended to read as
follows:
461A.74 Extension of permit.
Any municipality or corporation owning a permit granted
hereby desiring under this subchapter, which desires to acquire
an extension of said the permit, may petition the commission in
the same manner provided for the granting of such the permit
and the same proceeding shall be had on the extension petition
as on an original application.
Sec. 132. Section 468.13, subsection 1, Code 2017, is
amended to read as follows:
1. Upon the filing of the report of the engineer
recommending the establishment of the levee or drainage
district, the board shall at its first regular, adjourned, or
special meeting examine and consider the same, and, if the
plan is not approved the board may employ the same engineer
or another disinterested engineer to report another plan or
make additional examination and surveys and file an additional
report covering such matters as the board may direct.
Additional surveys and reports must be made in accordance with
the provisions of sections 468.11 and 468.12. At any time
prior to the final adoption of the plans they may be amended,
and as finally adopted by the board shall be conclusive unless
the action of the board in finally adopting them shall be
appealed from as hereinafter provided in this subchapter.
Sec. 133. Section 468.40, Code 2017, is amended to read as
follows:
468.40 Rules of classification.
1. In the The report of the appraisers so appointed they
commissioners shall specify each tract of land by proper
description, and the ownership thereof, as the same appears on
the transfer books in the auditor's office.
2. In estimating the benefits as to the lands not traversed
by said improvement, they the commissioners shall not consider
what benefits such land shall receive after some other
improvements shall have been constructed, but only the benefits
which will be received by reason of the construction of the
improvement in question as it affords an outlet to the drainage
of such lands, or brings an outlet nearer to said lands, or
relieves the same lands from overflow and relieves and protects
the same lands from damage by erosion.
3. When the land is a state=owned lake or state=owned
wetland, the commissioners shall ascertain the benefits
realized from removing excess water and shall not consider any
benefit realized if the state=owned lake or state=owned wetland
were drained or converted to another land use.
Sec. 134. Section 468.69, Code 2017, is amended to read as
follows:
468.69 Bonds received for assessments.
Bonds issued for the cost of construction, maintenance,
or repair of any drainage or levee district improvements, or
for the refunding of any obligation of such district may be
acquired by any taxpayer or group of taxpayers of such district
and applied at their face value in the order of their priority,
if any priority exists between bonds of the same issue, upon
the payment of the delinquent or future assessments levied
against the property of such taxpayers to pay off the bonds
so acquired. The interest coupons attached to such bonds may
likewise be applied at their face value to the payment of
assessments for interest accounts, delinquent or future.
Sec. 135. Section 468.94, Code 2017, is amended to read as
follows:
468.94 Costs.
Unless the result on the appeal is more favorable to the
appellant than to the action of the board, all costs of the
appeal shall be taxed to the appellant, but if. If the result
is more favorable to the appellant, the cost shall be taxed to
the appellees.
Sec. 136. Section 478.6A, subsection 2, Code 2017, is
amended to read as follows:
2. A petition for a franchise to construct a merchant line,
in addition to any other applicable requirements pursuant to
this chapter, shall be subject to all of the following:
Notwithstanding section 478.21, in addition to any other
applicable requirements pursuant to this chapter, if a petition
for a franchise to construct a merchant line that involves the
taking of property under eminent domain is not approved by the
board and a franchise granted within three years following the
date the petition is filed with the board pursuant to section
478.3, the board shall reject the petition and make a record
of the rejection. If the hearing on the petition conducted
pursuant to section 478.4 has been held within the three=year
period following the date the petition is filed, but the board
has not completed its deliberations within that three=year
period, the three=year period may be extended by the board to
allow completion of deliberations. A petitioner shall not file
a petition for the same or a similar project that has been
rejected within sixty months following the date of rejection
if the rejection was for failure to be approved within three
years following the date the petition was filed as provided in
this subsection.
Sec. 137. Section 483A.18, Code 2017, is amended to read as
follows:
483A.18 Form of licenses.
All hunting, fishing, and fur harvester licenses shall
contain a general description of the licensee. Such licenses
shall be upon such forms as the commission shall adopt. The
address and the signature of the applicant and all signatures
and other writing required information shall be in writing.
All licenses shall clearly indicate the nature of the privilege
granted.
Sec. 138. Section 484B.7, subsection 2, Code 2017, is
amended to read as follows:
2. Each licensee shall file an annual report with the
department on or before April 30. The report shall detail the
hunting preserve operations during the preceding license year.
The original report shall be forwarded to the department and a
copy shall be retained in the hunting preserve's file for three
years from the date of expiration of the hunting preserve's
last license issued. Records required by this section shall be
entered in the annual report record within twenty=four hours
of the event. Failure to keep or submit the required records
and reports is grounds for refusal to renew a license for
the succeeding year. An on=site inspection of property and
facilities shall be conducted by an authorized agent of the
department prior to the initial issuance of a hunting preserve
operator's license. The hunting preserve may be reinspected by
an agent of the department at any reasonable time. A licensed
hunting preserve shall maintain adequate facilities for all
designated birds and ungulates held under the hunting preserve
operator's license.
Sec. 139. Section 484B.10, subsections 2 and 3, Code 2017,
are amended to read as follows:
2. Waterfowl shall not be shot over any area where
pen=reared mallards may serve as live decoys for wild
waterfowl. All persons hunting game birds or ungulates upon a
licensed hunting preserve shall secure a hunting license that
includes the wildlife habitat fee in accordance with the game
laws of Iowa, with the exception that an unlicensed person may
secure an annual hunting preserve hunting license restricted to
hunting preserves only for a license fee of five dollars. All
persons who hunt on hunting preserves shall pay the wildlife
habitat fee.
3. A nonresident youth under sixteen years of age may hunt
game birds on a licensed hunting preserve upon securing an
annual hunting preserve hunting license restricted to hunting
preserves only for a license fee of five dollars and payment of
the wildlife habitat fee. A nonresident youth is not required
to complete the hunter education course to obtain a hunting
preserve hunting license pursuant to this subsection if the
youth is accompanied by a person who is at least eighteen years
of age, is qualified to hunt, and possesses a valid hunting
license that includes the wildlife habitat fee. During the
hunt, the accompanying adult must be within arm's reach of the
nonresident youth.
Sec. 140. Section 484B.13, Code 2017, is amended to read as
follows:
484B.13 License refusal.
The department may either refuse to issue, refuse to renew,
or suspend or revoke a hunting preserve operator's license if
the department finds that the licensed area or the operator or
employees of the licensed area are not in compliance with this
chapter, or that the property or area is operated in violation
of this chapter or administrative rules adopted under this
chapter.
Sec. 141. Section 505.27, subsection 5, Code 2017, is
amended to read as follows:
5. For purposes of this section, "health care provider":
a. "Health care provider" means the same as defined in
section 135.61, a hospital licensed pursuant to chapter 135B,
or a health care facility licensed pursuant to chapter 135C,
and "insurer".
b. "Insurer" means an insurance company authorized to
transact insurance business in this state. "Insurer" does
not include a health care provider who maintains professional
liability insurance coverage through a self=insurance plan, an
unauthorized insurance company transacting business with an
insured person in this state, or a person not authorized to
transact insurance business in this state.
Sec. 142. Section 507B.14, Code 2017, is amended to read as
follows:
507B.14 Transfer of insurance stock.
1. When a controlling interest in two or more corporations,
at least one of which is an insurance company domiciled in
this state, is held by any person, group of persons, firm,
or corporation, no exchange of stock, transfer or sale
of securities, or loan based upon securities of any such
corporation shall take place between such corporations, or
between such person, group of persons, firm or corporation and
such corporations, without first securing the approval of the
insurance commissioner. If, in the opinion of the insurance
commissioner, such sale, transfer, exchange, or loan would be
improper and would work to the detriment of any such insurance
company, the commissioner shall have the power to prohibit
the transaction. A person, firm, or corporate officer or
director shall not aid such transaction without approval of the
insurance commissioner. A person, firm, or other corporate
officer or director who willfully violates this provision
section is guilty of a class "D" felony. A person, firm,
or corporate officer or director who willfully violates this
provision section, and when such violation results in a loss
of more than ten thousand dollars, is guilty of a class "C"
felony.
2. For purposes of this section, controlling interest
"controlling interest" means actual control or the possession
directly or indirectly of the power to direct or cause
the direction of the management and policies of a firm,
partnership, corporation, association, or trust, whether
through the ownership of voting securities, by contract, or
otherwise.
Sec. 143. Section 507E.3A, Code 2017, is amended to read as
follows:
507E.3A Fraudulent sales practices ==== penalty penalties.
1. A person commits a class "D" felony the offense of
fraudulent sales practices if the person, with the intent
to defraud another person in connection with any sale,
solicitation, or negotiation of insurance in this state,
willfully does any of the following:
a. Employs any deception, device, scheme, or artifice to
defraud.
b. Misrepresents, conceals, or suppresses any material fact.
c. Engages in any act, practice, or course of business which
operates as a fraud or deceit upon any person.
2. A person who violates subsection 1 commits a class "D"
felony.
2. 3. Notwithstanding subsection 1 2, a person commits a
class "C" felony if the person violates subsection 1, and such
violation results in a loss of more than ten thousand dollars.
Sec. 144. Section 508.37, subsection 7, paragraph f,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
The recalculated nonforfeiture net level premium shall be
equal to the result obtained by dividing the amount described
in subparagraph (1) by the amount described in subparagraph
(2), where subparagraph (1) and subparagraph (2) are as
follows:
Sec. 145. Section 509.1, subsection 6, unnumbered paragraph
1, Code 2017, is amended to read as follows:
A policy issued to any nonprofit industrial association
(to, which shall be deemed the policyholder) policy holder,
incorporated for a period of at least ten years and organized
for purposes other than obtaining insurance, subject to the
following requirements:
Sec. 146. Section 514.5, Code 2017, is amended to read as
follows:
514.5 Contracts for service.
1. A hospital service corporation organized under chapter
504, Code 1989, or current chapter 504, and governed by this
chapter, may enter into contracts for the rendering of hospital
service to any of its subscribers with hospitals maintained and
operated by the state or any of its political subdivisions,
or by any corporation, association, or individual. Such
hospital service corporation may also contract with an
ambulatory surgical facility to provide surgical services to
the corporation's subscribers. Hospital service is meant
to include bed and board, general nursing care, use of the
operating room, use of the delivery room, ordinary medications
and dressings and other customary routine care. "Ambulatory
surgical facility" means a facility constructed and operated for
the specific purpose of providing surgery to patients admitted
to and discharged from the facility within the same day.
2. A medical service corporation organized under chapter
504, Code 1989, or current chapter 504, and governed by this
chapter, may enter into contracts with subscribers to furnish
health care service through physicians and surgeons, dentists,
podiatric physicians, osteopathic physicians, osteopathic
physicians and surgeons, or chiropractors.
3. Any pharmaceutical or optometric service corporation
organized under the provisions of said chapter 504, Code 1989,
or current chapter 504, and governed by this chapter, may
enter into contracts for the rendering of pharmaceutical or
optometric service to any of its subscribers. Membership in
any pharmaceutical service corporation shall be open to all
pharmacies licensed under chapter 155A.
4. A hospital service corporation or medical service
corporation organized under chapter 504, Code 1989, or current
chapter 504, and governed by this chapter, may enter into
contracts with subscribers and providers to furnish health care
services not otherwise allocated by this section.
Sec. 147. Section 514.13, Code 2017, is amended to read as
follows:
514.13 Arbitration of disputes.
Any dispute arising between a corporation organized under
chapter 504, Code 1989, or current chapter 504, and governed
by this chapter, and a provider may be submitted to the
commissioner of insurance for a decision. All decisions and
findings of the commissioner of insurance may be judicially
reviewed in accordance with the terms of chapter 17A.
Sec. 148. Section 514.14, Code 2017, is amended to read as
follows:
514.14 Dissolution or merger.
Any dissolution, merger, or liquidation of a corporation
organized under the provisions of said chapter 504, Code 1989,
or current chapter 504, and governed by this chapter shall be
under the supervision of the commissioner of insurance who
shall have all powers with respect thereto granted to the
commissioner under the insurance laws of this state.
Sec. 149. Section 514.15, Code 2017, is amended to read as
follows:
514.15 Nonexempt from taxation.
Every corporation organized under the provisions of chapter
504, Code 1989, or current chapter 504, and governed by this
chapter, is hereby declared to be a charitable and benevolent
institution but its property and funds, including subscribers'
contracts, shall not be exempt from taxation. For purposes
of this section, the term "subscriber contract" shall mean
only those benefit contracts issued or delivered in Iowa by
corporations subject to this chapter, including certificates
issued under such contracts, and which provide coverage to
residents of Iowa on a risk basis.
Sec. 150. Section 514.18, Code 2017, is amended to read as
follows:
514.18 Podiatric physicians.
Medical or surgical services or procedures constituting
the practice of podiatry, also known as chiropody, as defined
by provided in chapter 149, and covered by the terms of any
individual, group, blanket, or franchise policy providing
accident or health benefits hereafter delivered or hereafter
issued for delivery in Iowa and covering an Iowa risk may
be performed by any practitioner, selected by the insured,
licensed under chapter 149 to perform such medical or surgical
services or procedures. Any provision of such policy or
exclusion or limitation denying an insured the free choice of
such licensed podiatric physician, also known as chiropodist,
shall to the extent of the denial, be void, but such voidance
shall not affect the validity of the other provisions of the
policy.
Sec. 151. Section 514.23, subsection 1, unnumbered
paragraph 1, Code 2017, is amended to read as follows:
A corporation organized under chapter 504, Code 1989,
or current chapter 504, and governed by this chapter, may
become a mutual insurer under a plan which is approved by
the commissioner of insurance. The plan shall state whether
the insurer will be organized as a for=profit corporation
pursuant to chapter 490 or 491 or a nonprofit corporation
pursuant to chapter 504. Upon consummation of the plan,
the corporation shall fully comply with the requirements of
the law that apply to a mutual insurance company. If the
insurer is to be organized under chapter 504, then at least
seventy=five percent of the initial board of directors of the
mutual insurer so formed shall be policyholders who are also
nonproviders of health care. All directors comprising this
initial board of directors shall be selected by an independent
committee appointed by the state commissioner of insurance.
This independent committee shall consist of seven to eleven
persons who are current policyholders, who are nonproviders
of health care, and who are not directors of a corporation
subject to this chapter. For purposes of this subsection, a
"nonprovider of health care" is an individual who is not any of
the following:
Sec. 152. Section 514.23, subsection 2, Code 2017, is
amended to read as follows:
2. A corporation organized under chapter 504, Code 1989,
or current chapter 504, and governed by this chapter, which
becomes a mutual insurer under this section shall continue as
a mutual insurer to be governed by the provisions of section
514.7 and shall also be governed by section 509.3, subsection
1, paragraph "f".
Sec. 153. Section 519A.4, subsection 1, paragraphs a and b,
Code 2017, are amended to read as follows:
a. The association shall submit a plan of operation to
the commissioner, together with any amendments necessary
or suitable to assure the fair, reasonable, and equitable
administration of the association consistent with sections
519A.2, 519A.3, this section, and sections 519A.5 through
519A.13. The plan of operation and any amendments thereto
shall become effective only after promulgation of the plan or
amendment by the commissioner as a rule pursuant to section
17A.4: Provided section 17A.4, provided that the initial plan
may in the discretion of the commissioner become effective
immediately upon filing with the secretary of state pursuant to
section 17A.5, subsection 2, paragraph "b", subparagraph (1),
subparagraph division (a).
b. If the association fails to submit a suitable plan of
operation within twenty=five days following the effective date
of this chapter July 1, 1975, or if at any time thereafter the
association fails to submit suitable amendments to the plan,
the commissioner shall adopt rules necessary to effectuate
sections 519A.2, 519A.3, this section, and sections 519A.5
through 519A.13. Such rules shall continue in force until
modified by the commissioner or superseded by a plan submitted
by the association and approved by the commissioner.
Sec. 154. Section 519A.6, subsection 1, Code 2017, is
amended to read as follows:
1. There is created a stabilization reserve fund. The fund
shall be administered by three directors, one of whom shall
be the commissioner. The remaining two directors shall be
appointed by the commissioner: One commissioner, one of whom
shall be a representative of the association and the other a
representative of its policyholders.
Sec. 155. Section 535.13, Code 2017, is amended to read as
follows:
535.13 Definition Definitions.
As used in this chapter, unless the context otherwise
requires, "agricultural purpose" means a purpose related to the
production, harvest, exhibition, marketing, transportation,
processing or manufacture of agricultural products by a person
who cultivates, plants, propagates or nurtures the agricultural
products.:
1. "Agricultural products" includes agricultural,
horticultural, viticultural, and dairy products, livestock,
wildlife, poultry, bees, forest products, fish and shellfish,
and any products thereof, including processed and manufactured
products, and any and all products raised or produced on farms
and any processed or manufactured products thereof.
2. "Agricultural purpose" means a purpose related to the
production, harvest, exhibition, marketing, transportation,
processing, or manufacture of agricultural products by a
person who cultivates, plants, propagates, or nurtures the
agricultural products.
Sec. 156. Section 543E.20, subsection 2, paragraph g,
subparagraph (6), Code 2017, is amended to read as follows:
(6) Establishing and complying with processes and controls
reasonably designed to ensure appraisal management companies
conduct appraisal management services in accordance with the
requirements of section 129E(a)=(i) of the federal Truth in
Lending Act, 15 U.S.C. {1639e(1)(a)=(i), and regulations
thereunder including but not limited to the requirement that
appraisers who complete an appraisal in connection with a
consumer credit transaction secured by the principal dwelling
of the consumer be compensated with a customary and reasonable
fee.
Sec. 157. Section 587.12, subsection 1, Code 2017, is
amended to read as follows:
1. In all actions or in proceedings in probate where an
order, judgment or decree has been entered prior to July 1,
1970, based upon service of notice by publication as provided
by rule 60 of the Iowa rules of civil procedure, Iowa court
rules, third edition, or any statute authorizing publication
of notice or upon service of notice by publication or posting
pursuant to authorization or direction of any court of
competent jurisdiction in the state of Iowa, all such orders,
judgments, or decrees are hereby declared valid and of full
force and effect, unless an action shall be commenced within
the time provided in subsection 2 hereof to question such
order, judgment, or decree, or any right or status created,
confirmed, or existing thereunder.
Sec. 158. Section 600.5, subsection 13, Code 2017, is
amended to read as follows:
13. Whether or not a guardian ad litem should be appointed
for a minor child to be adopted, and if not, the reasons
therefor for that determination.
Sec. 159. Section 602.9111, subsection 1, Code 2017, is
amended to read as follows:
1. So much of the judicial retirement fund as may not be
necessary to be kept on hand for the making of disbursements
under this article shall be invested by the treasurer of
state in any investments authorized for the Iowa public
employees' retirement system in section 97B.7A and subject
to the requirements of chapters 12F, and 12H, and 12J, and
the earnings therefrom shall be credited to the fund. The
treasurer of state may execute contracts and agreements with
investment advisors, consultants, and investment management and
benefit consultant firms in the administration of the judicial
retirement fund.
Sec. 160. Section 622.28, subsections 1 and 2, Code 2017,
are amended to read as follows:
1. Any writing or record, whether in the form of an entry
in a book, or otherwise, including electronic means and
interpretations thereof, offered as memoranda or records of
acts, conditions, or events to prove the facts stated therein,
shall be admissible as evidence if the judge finds that they
were made in the regular course of a business at or about the
time of the act, condition, or event recorded, and; that the
sources of information from which made and the method and
circumstances of their preparation were such as to indicate
their trustworthiness,; and if the judge finds that they are
not excludable as evidence because of any rule of admissibility
of evidence other than the hearsay rule.
2. Evidence of the absence of a memorandum or record from
the memoranda or records of a business of an asserted act,
event, or condition, shall be admissible as evidence to prove
the nonoccurrence of the act or event, or the nonexistence of
the condition, if the judge finds that it was in the regular
course of that business to make such memoranda or records of
all such acts, events, or conditions at the time thereof or
within a reasonable time thereafter, and to preserve them the
memoranda or records.
Sec. 161. Section 633.230, subsection 1, Code 2017, is
amended to read as follows:
1. In intestate matters, the administrator, as soon as
letters are issued, shall cause to be published once each
week for two consecutive weeks in a daily or weekly newspaper
of general circulation published in the county in which the
estate is pending, and at any time during the pendency of
administration that the administrator has knowledge of the name
and address of a person believed to own or possess a claim
which will not or may not be paid or otherwise satisfied during
administration, provide by ordinary mail to each such claimant
at the claimant's last known address, a notice of appointment
which shall be in substantially the following form:
In the District Court of Iowa
in and for ..... County.
In the Estate of Probate No. ....
....., Deceased
NOTICE OF APPOINTMENT OF
ADMINISTRATOR AND
NOTICE TO CREDITORS
To All Persons Interested in the Estate of ....., Deceased,
who died on or about ..... (date):
You are hereby notified that on the .. day of ... (month),
... (year), the undersigned was appointed administrator of the
estate.
Notice is hereby given that all persons indebted to
the estate are requested to make immediate payment to the
undersigned, and creditors having claims against the estate
shall file them with the clerk of the above=named district
court, as provided by law, duly authenticated, for allowance,
and, unless so filed by the later to occur of four months from
the date of second publication of this notice or one month
from the date of the mailing of this notice (unless otherwise
allowed or paid), a claim is thereafter forever barred.
Dated this .. day of ... (month), ... (year)
....................
Administrator of the estate
....................
Address
....................
Attorney for the administrator
....................
Address
Date of second publication
.. day of ... (month), ... (year)
(Date to be inserted by publisher)
Sec. 162. Section 665.3, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
In addition to the above acts or omissions in section 665.2,
any court of record may punish the following acts or omissions
as contempts:
Sec. 163. Section 670.9, Code 2017, is amended to read as
follows:
670.9 Compromise and settlement.
The governing body of any municipality may compromise,
adjust, and settle tort claims against the municipality, and
its officers, employees, and agents, for damages under section
670.2 or 670.8 and may appropriate money for the payment of
amounts agreed upon.
Sec. 164. REPEAL. Sections 256.29, 266.39F, 488.1207, and
524.529, Code 2017, are repealed.
DIVISION II
AMENDMENTS TO 2014 IOWA ACTS, CH. 1080
Sec. 165. 2014 Iowa Acts, chapter 1080, section 118, is
amended by striking the section and inserting in lieu thereof
the following:
SEC. 118. Section 422.11M, Code 2017, is amended by striking
the section and inserting in lieu thereof the following:
422.11M Agricultural assets transfer tax credit.
The taxes imposed under this division, less the credits
allowed under section 422.12, shall be reduced by an
agricultural assets transfer tax credit as allowed under
section 16.80.
Sec. 166. 2014 Iowa Acts, chapter 1080, section 119, is
amended by striking the section and inserting in lieu thereof
the following:
SEC. 119. Section 422.33, subsection 21, Code 2017, is
amended by striking the subsection and inserting in lieu
thereof the following:
21. The taxes imposed under this division shall be reduced
by an agricultural assets transfer tax credit as allowed under
section 16.80.
DIVISION III
CORRESPONDING CHANGES
Sec. 167. Section 524.528, subsection 1, Code 2017, is
amended to read as follows:
1. Unless otherwise provided in section 524.529, the The
shareholders of a state bank do not have a preemptive right to
acquire the state bank's unissued shares except to the extent
provided in the articles of incorporation.
DIVISION IV
CODE EDITOR DIRECTIVE
Sec. 168. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to transfer section 421.46
to section 8A.460.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
DIVISION V
EFFECTIVE DATES
Sec. 169. EFFECTIVE DATE. The following provision or
provisions in Division I of this Act take effect July 1, 2030:
1. The section of this Act amending section 2.48, subsection
3, paragraph "h".
JACK WHITVER
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 405, Eighty=seventh General Assembly.
W. CHARLES SMITHSON
Secretary of the Senate
Approved , 2017
TERRY E. BRANSTAD
Governor
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