Bill Text: IA SF520 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including retroactive applicability provisions.(Formerly SSB 1212.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-04-07 - Withdrawn. S.J. 830. [SF520 Detail]

Download: Iowa-2021-SF520-Introduced.html

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Senate File 520 - Introduced
SENATE FILE 520
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1212)
A BILL FOR
An Act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and
including retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 7C.12, subsection 2, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
In addition to the powers and duties specified in sections
7C.1 to through 7C.11 , the governor’s designee:
Sec. 2. Section 9G.6, subsection 1, Code 2021, is amended
to read as follows:
1. No patents Patents shall not be issued for any lands
belonging to the state, except upon the certificate of the
person or officer specially charged with the custody of the
same patents , setting forth the appraised value per acre, the
name of person to whom sold, the date of sale, the price per
acre, the amount paid, the name of the person making final
payment, and the name of the person who is entitled to the
patent , and, if thus . If a person is entitled by to a patent
due to an assignment from the original purchaser, setting
the certificate shall set forth fully such the assignment ,
which certificate and shall be filed and preserved in the land
office.
Sec. 3. Section 10.1, subsection 17, paragraph b, Code 2021,
is amended to read as follows:
b. As used in paragraph “a” , a type of membership interest
in a limited liability company includes any of the following:
(1) (a) A series as provided in chapter 489, article 12 .
(b) This subparagraph is repealed on July 1, 2021.
(2) A a protected series of a series limited liability
company as provided in chapter 489, article 14 .
Sec. 4. Section 10.10, subsection 1, paragraph c,
subparagraph (2), Code 2021, is amended to read as follows:
(2) As used in subparagraph (1), a type of membership
interest in a limited liability company includes any of the
following:
(a) (i) A series as provided in chapter 489, article 12 .
(ii) This subparagraph division is repealed on July 1, 2021.
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(b) A a protected series of a series limited liability
company as provided in chapter 489, article 14 .
Sec. 5. Section 12B.14, Code 2021, is amended to read as
follows:
12B.14 False statements or reports.
Any officer or other person making a false statement or
report or in any manner violating any of the provisions
of sections 12B.10 to through 12B.13 shall be guilty of a
fraudulent practice.
Sec. 6. Section 15.108, subsection 1, paragraph b, Code
2021, is amended to read as follows:
b. Provide staff assistance to the corporation formed under
authority of sections 15E.11 to through 15E.16 to receive
and disburse funds to further the overall development and
well-being of the state.
Sec. 7. Section 15.335, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. In lieu of the credit amount computed in subsection 2 , an
eligible business may elect to compute the credit amount for
qualified research expenses incurred in this state in a manner
consistent with the alternative simplified credit described in
section 41(c)(4) of the Internal Revenue Code. The taxpayer
may make this election regardless of the method used for the
taxpayer’s federal income tax. The election made under this
paragraph is for the tax year and the taxpayer may use another
or the same method for any subsequent tax year.
Sec. 8. Section 15.335, subsection 8, Code 2021, is amended
to read as follows:
8. Any credit in excess of the tax liability for the taxable
year shall be refunded with interest in accordance with section
421.60, subsection 2 , paragraph “e” . In lieu of claiming a
refund, a taxpayer may elect to have the overpayment shown on
its final, completed return credited to the tax liability for
the following tax year.
Sec. 9. Section 15.354, subsection 2, paragraph d, Code
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2021, is amended to read as follows:
d. An applicant that does not receive a tax incentive award
during an application period may make additional applications
during subsequent application periods. Such applicant shall
be required to submit a new application and , which shall be
competitively reviewed and scored in the same manner as other
applicants applications in that application period.
Sec. 10. Section 20.10, subsection 3, paragraph f, Code
2021, is amended to read as follows:
f. Violate the provisions of sections 732.1 to through
732.3 , which are hereby made applicable to public employers,
public employees, and employee organizations.
Sec. 11. Section 20.19, subsection 1, Code 2021, is amended
to read as follows:
1. As the first step in the performance of their duty to
bargain, the public employer and the employee organization
shall endeavor to agree upon impasse procedures. Such
agreement shall provide for implementation of these impasse
procedures not later than one hundred twenty days prior to
the certified budget submission date of the public employer.
However, if public employees represented by the employee
organization are teachers licensed under chapter 272 , and the
public employer is a school district or area education agency,
the agreement shall provide for implementation of impasse
procedures not later than one hundred twenty days prior to May
31 of the year when the collective bargaining agreement is
to become effective. If the public employer is a community
college, the agreement shall provide for implementation of
impasse procedures not later than one hundred twenty days prior
to May 31 of the year when the collective bargaining agreement
is to become effective. If the public employer is not subject
to the budget certification requirements of section 24.17 and
other applicable sections, the agreement shall provide for
implementation of impasse procedures not later than one hundred
twenty days prior to the date the next fiscal or budget year of
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the public employer commences. If the parties fail to agree
upon impasse procedures under the provisions of this section ,
the impasse procedures provided in sections 20.20 to and 20.22
shall apply.
Sec. 12. Section 24.3, unnumbered paragraph 1, Code 2021,
is amended to read as follows:
No A municipality shall not certify or levy in any fiscal
year any tax on property subject to taxation unless and until
the following estimates have been made, filed, and considered,
as hereinafter provided in this chapter :
Sec. 13. Section 24.9, subsection 2, Code 2021, is amended
to read as follows:
2. Budget estimates adopted and certified in accordance
with this chapter may be amended and increased as the need
arises to permit appropriation and expenditure during the
fiscal year covered by the budget of unexpended cash balances
on hand at the close of the preceding fiscal year and which
cash balances had not been estimated and appropriated for
expenditure during the fiscal year of the budget sought to
be amended, and also to permit appropriation and expenditure
during the fiscal year covered by the budget of amounts of cash
anticipated to be available during the year from sources other
than taxation and which had not been estimated and appropriated
for expenditure during the fiscal year of the budget sought
to be amended. Such amendments to budget estimates may be
considered and adopted at any time during the fiscal year
covered by the budget sought to be amended, by filing the
amendments and upon publishing them and giving notice of the
public hearing in the manner required in this section . Within
ten days of the decision or order of the certifying or levying
board, the proposed amendment of the budget is subject to
protest, hearing on the protest, appeal to the state appeal
board and review by that body, all in accordance with sections
24.27 to through 24.32 , so far as applicable. A local budget
shall be amended by May 31 of the current fiscal year to allow
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time for a protest hearing to be held and a decision rendered
before June 30. An amendment of a budget after May 31 which
is properly appealed but without adequate time for hearing
and decision before June 30 is void. Amendments to budget
estimates accepted or issued under this section are not within
section 24.14 .
Sec. 14. Section 24.24, Code 2021, is amended to read as
follows:
24.24 Violations.
Failure on the part of a public official to perform any
of the duties prescribed in chapter 73A , and this chapter ,
and sections section 8.39 , and sections 11.1 to , 11.2, 11.4,
and 11.5, constitutes a simple misdemeanor, and is sufficient
ground for removal from office.
Sec. 15. Section 29B.1, Code 2021, is amended to read as
follows:
29B.1 Persons subject to code —— definitions —— short title .
1. This chapter applies to all members of the state military
forces performing national guard duty or state active duty,
while not on federal active duty. In addition, this chapter
applies to all members of the state military forces who commit
an offense during travel to or from the member’s duty location
or during intervals between consecutive periods of duty on the
same day or on consecutive days in which the victim of the
offense is another member of the state military forces.
2. As used in this chapter , unless the context otherwise
requires , “state military forces” has the same meaning as in
section 29A.6 , and “code” :
a. “Code” means this chapter , which may be cited as the
“Iowa Code of Military Justice” .
b. “State military forces” means the same as defined in
section 29A.6.
3. This chapter may be cited as the “Iowa Code of Military
Justice” .
Sec. 16. Section 34A.2, subsections 8 and 14, Code 2021, are
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amended to read as follows:
8. “Competitive local exchange service provider” means the
same as defined in section 476.96 any person, including a
municipal utility, that provides local exchange services, other
than a local exchange carrier or a non-rate-regulated wireline
provider of local exchange services under an authorized
certificate of public convenience and necessity within a
specific geographic area described in maps filed with and
approved by the Iowa utilities board as of September 30, 1992 .
14. “Local exchange carrier” means the same as defined in
section 476.96 any person that was the incumbent and historical
rate-regulated wireline provider of local exchange services
or any successor to such person that provides local exchange
services under an authorized certificate of public convenience
and necessity within a specific geographic area described in
maps filed with and approved by the Iowa utilities board as of
September 30, 1992 .
Sec. 17. Section 35C.4, Code 2021, is amended to read as
follows:
35C.4 Mandamus —— judicial review.
A refusal to allow said the preference granted under this
chapter , or a reduction of the salary for said a position
with intent to bring about the resignation or discharge of
the incumbent, shall entitle the applicant or incumbent, as
the case may be, to maintain an action of mandamus to right
the wrong. At their election such parties The applicant or
incumbent may elect , in the alternative, to maintain an action
for judicial review in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A , if that is otherwise
applicable to their case. An action of mandamus shall be filed
by an applicant or incumbent within three hundred days after
a refusal to allow said the preference, or a reduction of the
salary for said a position with intent to bring about the
resignation or discharge of the incumbent.
Sec. 18. Section 37.26, Code 2021, is amended to read as
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follows:
37.26 General powers.
For the purpose of carrying out the provisions of sections
37.22 to through 37.25 , the commission shall have authority to
receive and to convey title to real estate, to take mortgage or
other security and to release or transfer the same.
Sec. 19. Section 37.27, Code 2021, is amended to read as
follows:
37.27 Nursing homes with memorial hospitals.
If a memorial building has been constructed for the purpose
of a hospital pursuant to this chapter , additions for hospital
purposes, and nursing homes to be operated in conjunction
with the hospital may be erected or acquired by following the
procedure outlined in chapter 347 and by issuing general county
purpose bonds in accordance with sections 331.441 to through
331.449 , with the commissioners acting in the same manner and
fashion as the hospital trustees under chapter 347 , and with
the procedure in all other respects to be identical.
Sec. 20. Section 43.3, Code 2021, is amended to read as
follows:
43.3 Offices affected by primary.
Candidates of all political parties for all offices which
are filled at a regular biennial election by direct vote of the
people shall be nominated at a primary election at the time and
in the manner hereinafter directed in this chapter .
Sec. 21. Section 43.13, Code 2021, is amended to read as
follows:
43.13 Failure to file nomination papers.
The name of a candidate for any office named in section
43.11 shall not be printed on the official primary ballot of
the candidate’s party unless nomination papers are filed as
therein provided in section 43.11 except as otherwise permitted
by section 43.23 .
Sec. 22. Section 43.46, Code 2021, is amended to read as
follows:
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43.46 Delivering returns.
The precinct election officials shall deliver all election
supplies, by noon of the day after the close of the polls, to
the commissioner who shall carefully preserve them and deliver
the returns in the condition in which received except as is
otherwise required by sections 50.20 to through 50.22 , to the
county board of supervisors.
Sec. 23. Section 43.108, Code 2021, is amended to read as
follows:
43.108 Organization of state convention —— proxies
prohibited.
The convention shall be called to order by the chairperson
of the state central committee, or that individual’s designee ,
who shall thereupon present a list of delegates, as certified
by the various county conventions, and effect a temporary
organization. If any county shall is not be fully represented,
the delegates present from such that county shall cast the full
vote thereof of the county if the rules of the convention , or
party bylaws or constitution so allow, and there shall be no
proxies.
Sec. 24. Section 44.10, Code 2021, is amended to read as
follows:
44.10 Effect of withdrawal.
No The name so of a candidate who has withdrawn the
candidate’s nomination as provided in section 44.9 shall not be
printed on the official ballot under such that nomination.
Sec. 25. Section 48A.5, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. Comply with all applicable requirements of sections 53.37
to through 53.53 relating to absentee ballots for members of
the armed forces and other citizens living outside the United
States.
Sec. 26. Section 54.8, subsection 2, Code 2021, is amended
to read as follows:
2. Except as otherwise provided by law of this state outside
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of this chapter , each elector shall present both completed
ballots to the state commissioner who shall examine the ballots
and accept and cast all ballots of electors whose votes are
consistent with their pledges executed under section 54.5
or 54.7 . Except as otherwise provided by law of this state
outside of this chapter , the state commissioner shall not
accept and shall not count an elector’s presidential and vice
presidential ballots if the elector has not marked both ballots
or has marked one a ballot in violation of the elector’s
pledge.
Sec. 27. Section 74.2, Code 2021, is amended to read as
follows:
74.2 Endorsement and interest.
1. If a warrant other than an anticipatory warrant is
presented for payment, and is not paid for want of funds, or
is only partially paid, the treasurer shall endorse the fact
thereon on the warrant , with the date of presentation, and
sign the endorsement , and thereafter the . After the date of
presentation, the warrant or the balance due thereon, on the
warrant shall bear interest at the rate specified in section
74A.2 .
2. An anticipatory warrant issued under the authority
of section 74.1, subsection 1 , shall bear interest at a rate
determined by the issuing governmental body, but not exceeding
that permitted by chapter 74A .
Sec. 28. Section 80.4, subsection 3, Code 2021, is amended
to read as follows:
3. The aforesaid allocation of duties described in this
section shall not be interpreted to prevent flexibility in
interdepartmental operations or to forbid other divisional
allocations of duties in the discretion of the commissioner.
Sec. 29. Section 80.5, subsection 1, Code 2021, is amended
to read as follows:
1. It shall be the duty of the department to prevent crime,
to detect and apprehend criminals, and to enforce such other
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laws as are hereinafter specified.
Sec. 30. Section 80.9A, subsection 6, unnumbered paragraph
1, Code 2021, is amended to read as follows:
A peace officer of the department shall not exercise the
general powers of a peace officer within the limits of any
city, except as follows:
Sec. 31. Section 80B.13, subsections 3 and 9, Code 2021, are
amended to read as follows:
3. Issue certificates to law enforcement officers , reserve
peace officers, and jailers who have met the requirements of
this chapter and rules adopted under chapter 17A relative to
hiring and training standards.
9. In accordance with chapter 17A , conduct investigations,
hold hearings, appoint administrative law judges, administer
oaths, and issue subpoenas enforceable in district court on
matters relating to the revocation or suspension of a law
enforcement officer’s or reserve peace officer’s certification.
Sec. 32. Section 84A.2, subsection 5, paragraph c, Code
2021, is amended to read as follows:
c. Sections 1 to through 13 of the federal Wagner-Peyser
Act, as codified at 29 U.S.C. §49 et seq., relating to
employment services.
Sec. 33. Section 85.31, subsection 3, Code 2021, is amended
to read as follows:
3. If the employee leaves dependents only partially
dependent upon the employee’s earnings for support at the time
of the injury, the weekly compensation to be paid as aforesaid,
provided in subsections 1 and 2 shall be equal to the same
proportion of the weekly payments for the benefit of persons
wholly dependent as the amount contributed by the employee to
such partial dependents bears to the annual earnings of the
deceased at the time of the injury.
Sec. 34. Section 85.34, subsection 2, paragraph v, Code
2021, is amended to read as follows:
v. In all cases of permanent partial disability other than
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those hereinabove described or referred to in paragraphs “a”
through “u” hereof , the compensation shall be paid during
the number of weeks in relation to five hundred weeks as the
reduction in the employee’s earning capacity caused by the
disability bears in relation to the earning capacity that the
employee possessed when the injury occurred. A determination
of the reduction in the employee’s earning capacity caused
by the disability shall take into account the permanent
partial disability of the employee and the number of years in
the future it was reasonably anticipated that the employee
would work at the time of the injury. If an employee who
is eligible for compensation under this paragraph returns to
work or is offered work for which the employee receives or
would receive the same or greater salary, wages, or earnings
than the employee received at the time of the injury, the
employee shall be compensated based only upon the employee’s
functional impairment resulting from the injury, and not in
relation to the employee’s earning capacity. Notwithstanding
section 85.26, subsection 2 , if an employee who is eligible
for compensation under this paragraph returns to work with the
same employer and is compensated based only upon the employee’s
functional impairment resulting from the injury as provided
in this paragraph and is terminated from employment by that
employer, the award or agreement for settlement for benefits
under this chapter shall be reviewed upon commencement of
reopening proceedings by the employee for a determination of
any reduction in the employee’s earning capacity caused by the
employee’s permanent partial disability.
Sec. 35. Section 85.37, subsection 1, Code 2021, is amended
to read as follows:
1. If an employee receives a personal injury causing
temporary total disability, or causing a permanent partial
disability for which compensation is payable during a healing
period, compensation for the temporary total disability or for
the healing period shall be upon the basis provided in this
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section . The weekly benefit amount payable to any employee
for any one week shall be upon the basis of eighty percent of
the employee’s weekly spendable earnings, but shall not exceed
an amount, rounded to the nearest dollar, equal to sixty-six
and two-thirds two hundred percent of the statewide average
weekly wage paid employees as determined by the department
of workforce development under section 96.1A, subsection 35 ,
and in effect at the time of the injury. However, as of July
1, 1981, the maximum weekly benefit amount rounded to the
nearest dollar shall be increased so that it equals two hundred
percent of the statewide average weekly wage as determined
in this section . Total weekly compensation for any employee
shall not exceed eighty percent per week of the employee’s
weekly spendable earnings. The minimum weekly benefit amount
shall be equal to the weekly benefit amount of a person whose
gross weekly earnings are thirty-five percent of the statewide
average weekly wage, or to the spendable weekly earnings of the
employee, whichever are less.
Sec. 36. Section 85.61, subsection 1, Code 2021, is amended
to read as follows:
1. The word “court” wherever used in this chapter and
chapters 86 and 87 , unless the context shows otherwise, shall
be taken to mean means the district court.
Sec. 37. Section 85.61, subsection 11, paragraph b, Code
2021, is amended to read as follows:
b. The term “worker” or “employee” shall include the
singular and plural. Any reference to a worker or employee
who has been injured shall, when such worker or employee is
dead, include the worker’s or employee’s dependents as herein
defined in this chapter or the worker’s or employee’s legal
representatives; and where the worker or employee is a minor
or incompetent, it shall include the minor’s or incompetent’s
incompetent person’s guardian, next friend, or trustee.
Notwithstanding any law prohibiting the employment of minors,
all minor employees shall be entitled to the benefits of this
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chapter and chapters 86 and 87 regardless of the age of such
minor employee.
Sec. 38. Section 85.65A, subsection 2, Code 2021, is amended
to read as follows:
2. Prior to July 1 of each fiscal year commencing on or
after July 1, 1999 , the commissioner of insurance shall conduct
an examination of the outstanding liabilities of the second
injury fund and shall make a determination as to whether
sufficient funds will be available in the second injury fund
to pay the liabilities of the fund for each of the next two
fiscal years. If the commissioner of insurance determines
sufficient funds will be available, the commissioner shall not
impose a surcharge on employers during the next succeeding
fiscal year. If the commissioner determines sufficient funds
will not be available, the commissioner shall impose by rule,
pursuant to chapter 17A , a surcharge on employers during the
next succeeding fiscal year for payment to the treasurer of
state for the second injury fund pursuant to the requirements
of this section .
Sec. 39. Section 85A.3, Code 2021, is amended to read as
follows:
85A.3 Employees covered.
All employees as defined by the workers’ compensation law of
Iowa employed in any business or industrial process hereinafter
designated and described in this chapter and who in the course
of their employment are exposed to an occupational disease as
herein defined in this chapter are subject to the provisions of
this chapter .
Sec. 40. Section 85A.11, subsections 1 and 2, Code 2021, are
amended to read as follows:
1. When If any employee is clinically diagnosed as having
brucellosis (undulant fever) , it the employee shall not be
considered that the employee has to have the disease unless the
clinical diagnosis is confirmed by either of the following :
a. A positive blood culture for brucella organisms , or .
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b. A positive agglutination test which must be verified
by not less than two successive positive agglutination tests,
each of which tests shall be positive in a titer of one to one
hundred sixty or higher. Said The subsequent agglutination
tests must be made of specimens taken not less than seven nor
more than ten days after each preceding test.
2. The specimens for the tests required herein by this
section must be taken by a licensed practicing physician or
osteopathic physician, and immediately delivered to the state
hygienic laboratory of the Iowa department of public health
at Iowa City , and each such . Each specimen shall be in a
container upon which is plainly printed the name and address
of the subject, the date when the specimen was taken, the name
and address of the subject’s employer , and a certificate by the
physician or osteopathic physician that the physician took the
specimen from the named subject on the date stated over the
physician’s signature and address.
Sec. 41. Section 85A.13, subsection 3, Code 2021, is amended
to read as follows:
3. Pneumoconiosis complicated with other diseases. In case
of disability or death from pneumoconiosis complicated with
tuberculosis of the lungs, compensation shall be payable as
for uncomplicated pneumoconiosis, provided, however, that
the pneumoconiosis was an essential factor in causing such
disability or death. In case of disability or death from
pneumoconiosis complicated with any other disease, or from any
other disease complicated with pneumoconiosis, the compensation
shall be reduced as herein provided in this chapter .
Sec. 42. Section 86.12, subsection 1, Code 2021, is amended
to read as follows:
1. The workers’ compensation commissioner may require any
employer to supply the information required by section 86.10
or to file a report required by section 86.11 or 86.13 or by
agency rule, by written demand sent to the employer’s last
known address. Upon failure to supply such information or file
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such report within thirty days, the employer may be ordered to
appear and show cause why the employer should not be subject to
assessment of one thousand dollars for each occurrence. Upon
such hearing, the workers’ compensation commissioner shall
enter a finding of fact and may enter an order requiring such
assessment to be paid into the second injury fund created by
sections 85.63 to through 85.69 . In the event the assessment
is not voluntarily paid within thirty days, the workers’
compensation commissioner may file a certified copy of such
finding and order with the clerk of the court for the district
in which the employer maintains a place of business. If
the employer maintains no place of business in this state,
service shall be made as provided in chapter 85 for nonresident
employers. In such case the finding and order may be filed in
any court of competent jurisdiction within this state.
Sec. 43. Section 89A.2, subsection 1, paragraph f,
unnumbered paragraph 1, Code 2021, is amended to read as
follows:
A conveyance An elevator installed in a building in a
federally designated national historic district as long as each
of the following conditions is met:
Sec. 44. Section 89A.2, subsection 2, Code 2021, is amended
to read as follows:
2. Provisions of this chapter supersede conflicting
provisions contained in building codes of this state or any
subdivision thereof of this state .
Sec. 45. Section 89A.6, subsections 4 and 6, Code 2021, are
amended to read as follows:
4. The inspections required by subsections 1 to through
3 shall be made only by inspectors or special inspectors.
An inspection by a special inspector may be accepted by the
commissioner in lieu of a required inspection by an inspector.
6. In addition to the inspections required by subsections
1 to through 3, the safety board may provide by rule for
additional inspections as the safety board deems necessary to
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enforce the provisions of this chapter .
Sec. 46. Section 91A.12, subsection 1, Code 2021, is amended
to read as follows:
1. Any employer who violates the provisions of this chapter
or the rules promulgated under it shall be subject to a civil
money penalty of not more than five hundred dollars per pay
period for each violation. The commissioner may recover such
civil money penalty according to the provisions of subsections
2 to through 5 . Any civil money penalty recovered shall be
deposited in the general fund of the state.
Sec. 47. Section 96.9, subsection 4, paragraph b, Code 2021,
is amended to read as follows:
b. Money requisitioned as provided herein in this subsection
for the payment of expenses of administration shall be
deposited in the employment security administration fund,
but, until expended, shall remain a part of the unemployment
compensation fund. The treasurer of state shall maintain a
separate record of the deposit, obligation, expenditure, and
return of funds so deposited. Any money so deposited which
either will not be obligated within the period specified by
the appropriation law or remains unobligated at the end of
the period, and any money which has been obligated within the
period but will not be expended, shall be returned promptly to
the account of this state in the unemployment trust fund.
Sec. 48. Section 96.26, Code 2021, is amended to read as
follows:
96.26 Moneys received.
The department is authorized to accept, receive, and receipt
for all moneys received from the United States for the payments
authorized by sections section 96.25 to , this section, section
96.27, and section 96.28 for lands and buildings and to comply
with any rules made under the Social Security Act or the
Wagner-Peyser Act.
Sec. 49. Section 96.28, Code 2021, is amended to read as
follows:
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96.28 Deposit of funds.
All moneys received from the United States for the payments
authorized by sections 96.25 to through 96.27 for lands
and buildings shall be deposited in the employment security
administration fund in the state treasury and are appropriated
therefrom for the purposes of this chapter .
Sec. 50. Section 97.50, subsections 1 and 2, Code 2021, are
amended to read as follows:
1. Any person being paid any benefits under the provisions
of sections 97.13 to through 97.18 , Code 1950, as amended, as
of June 30, 1953, shall continue to receive such benefits as
though that chapter had not been repealed.
2. Any person who became entitled to any benefits under
the provisions of sections 97.13 to through 97.19 , Code 1950,
as amended, through the retirement or death of any person
prior to June 30, 1953, shall be paid the same benefits upon
proper application, subsequent to June 30, 1953, as though that
chapter had not been repealed.
Sec. 51. Section 97.53, Code 2021, is amended to read as
follows:
97.53 Rule of construction.
As used in sections 97.50 to through 97.52 , unless clearly
indicated by the context to the contrary, all references to
employment or service refer to employment or service in Iowa
public employment.
Sec. 52. Section 97B.1A, subsection 1, Code 2021, is amended
to read as follows:
1. “Abolished system” means the Iowa old-age and survivors’
insurance system repealed by sections 97.50 to through 97.53 .
Sec. 53. Section 97B.43, subsection 1, Code 2021, is amended
to read as follows:
1. Each member in service on July 4, 1953, who made
contributions under the abolished system, and who has not
applied for and qualified for benefit payments under the
abolished system, shall receive credit for years of prior
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service in the determination of retirement allowance payments
under this chapter , if the member elects to become a member on
or before October 1, 1953, the member has not made application
for a refund of the part of the member’s contributions under
the abolished system which are payable under sections 97.50
to through 97.53 , and the member gives written authorization
prior to October 1, 1953, to the commission to credit to the
retirement fund the amount of the member’s contribution which
would be subject to a claim for refund. The amount so credited
shall, after transfer, be considered as a contribution to the
retirement system made as of July 4, 1953, by the member and
shall be included in the determination of the amount of moneys
payable under this chapter . However, an employee who was under
a contract of employment as a teacher in the public schools of
the state of Iowa at the end of the school year 1952-1953, or
any person covered by section 97B.1A, subsection 20 , paragraph
“c” or “d” , shall be considered as in service as of July 4,
1953, if they were members of the abolished system.
Sec. 54. Section 97B.56, Code 2021, is amended to read as
follows:
97B.56 Abolished system —— liquidation fund.
The assets of the old-age and survivors’ liquidation fund,
established by sections 97.50 to through 97.53 and any future
payments or assets payable to the old-age and survivors’
liquidation fund, are hereby transferred to the retirement
fund, and all payments hereafter due in accordance with the
provisions of said sections shall be paid from the retirement
fund.
Sec. 55. Section 99.1A, Code 2021, is amended to read as
follows:
99.1A Houses of prostitution or other nuisances.
1. Whoever shall erect, establish, continue, maintain, use,
own, or lease A person who erects, establishes, continues,
maintains, uses, owns, or leases any building, erection, or
place used for the purpose of prostitution or gambling, except
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as authorized under the laws of this state is guilty of a
nuisance , and the . The building, erection, or place, or the
ground itself, in or upon which such prostitution or gambling
is conducted, permitted, or carried on, continued, or exists,
and the furniture, fixtures, musical instruments, and movable
property used in conducting or maintaining such the nuisance,
are also declared a nuisance and shall be enjoined and abated
as hereinafter provided in this chapter .
2. The provisions of this section do not apply to social
and charitable gambling conducted pursuant to chapter 99B or to
devices lawful under section 99B.52 or 99B.53 .
Sec. 56. Section 99F.7A, subsection 3, Code 2021, is amended
to read as follows:
3. A licensee under this section may enter into operating
agreements with one or two entities to have up to a total of
two individually branded internet sites to conduct advance
deposit sports wagering for the licensee, unless one additional
operating agreement or individually branded internet site
is authorized by the commission. However, a person shall
not sell, grant, assign, or turn over to another person the
operation of an individually branded internet site to conduct
advance deposit sports wagering for the licensee without the
approval of the commission. This section does not prohibit an
agreement entered into between a licensee under this section
and an advanced deposit sports wagering operator as approved
by the commission.
Sec. 57. Section 123.63, Code 2021, is amended to read as
follows:
123.63 Temporary writ.
In such an action to enjoin a nuisance , the court shall,
upon the presentation of a petition therefor , allow a temporary
writ of injunction without bond, if it shall be made to appear
the petitioner provides evidence to the satisfaction of the
court , by evidence in the form of affidavits, depositions,
oral testimony , or otherwise, that the nuisance complained of
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exists.
Sec. 58. Section 123.65, Code 2021, is amended to read as
follows:
123.65 Scope of injunction.
When an injunction has been granted, it shall be binding upon
the defendant throughout the state and any violation of the
provisions of this chapter anywhere within the state shall be
punished as a contempt as herein provided in section 123.68 .
Sec. 59. Section 123.66, Code 2021, is amended to read as
follows:
123.66 Trial of action.
Any action brought hereunder to enjoin a nuisance or to
establish a violation of the injunction shall be accorded
priority over other business pending before the district court.
Sec. 60. Section 124.204, subsection 4, paragraph m, Code
2021, is amended to read as follows:
m. Marijuana , except as otherwise provided in subsection 7 .
Sec. 61. Section 124.204, subsection 7, Code 2021, is
amended to read as follows:
7. Exclusions. This section does not apply to any of the
following:
a. Hemp as defined in section 204.2 that is or was produced
in this state, or was produced in another state, in accordance
with the provisions of chapter 204 with a maximum delta-9
tetrahydrocannabinol concentration that does not exceed
three-tenths of one percent on a dry weight basis.
b. A hemp product as provided in chapter 204 with a maximum
delta-9 tetrahydrocannabinol concentration that does not exceed
three-tenths of one percent on a dry weight basis.
Sec. 62. Section 124E.12, subsection 6, Code 2021, is
amended to read as follows:
6. The department , the department of transportation,
and any health care practitioner, including any authorized
agent or employee thereof, are not subject to any civil
or disciplinary penalties by the board of medicine or any
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business, occupational, or professional licensing board or
entity, solely for activities conducted relating to a patient’s
possession or use of medical cannabidiol as authorized under
this chapter . Nothing in this section affects a professional
licensing board from taking action in response to violations of
any other section of law.
Sec. 63. Section 125.3, Code 2021, is amended to read as
follows:
125.3 Substance abuse program established.
The Iowa department of public health shall develop,
implement, and administer a comprehensive substance abuse
program pursuant to sections 125.1 to and 125.2, this section,
and sections 125.7, 125.9, 125.10, 125.12 through 125.21,
125.25, 125.32 through 125.34, and 125.37 through 125.43.
Sec. 64. Section 125.7, subsection 1, Code 2021, is amended
to read as follows:
1. Approve the comprehensive substance abuse program,
developed by the department pursuant to sections 125.1 to
through 125.3, this section, and sections 125.9, 125.10, 125.12
through 125.21, 125.25, 125.32 through 125.34, and 125.37
through 125.43.
Sec. 65. Section 125.85, subsection 3, Code 2021, is amended
to read as follows:
3. Upon the filing of an application for recommitment under
subsection 1 or 2 , the court shall schedule a recommitment
hearing for no later than ten days after the date the
application is filed. A copy of the application, the notice
of hearing, and any reports shall be served or provided in the
manner and to the persons as required by sections 125.77 to
through 125.80 , 125.83 , and 125.84 .
Sec. 66. Section 135.79, Code 2021, is amended to read as
follows:
135.79 Civil penalty.
Any hospital or health care facility which fails to file
with the department the financial reports required by sections
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135.74 to , 135.75, 135.76, and 135.78 is subject to a civil
penalty of not to exceed five hundred dollars for each offense.
Sec. 67. Section 135B.34, subsection 7, Code 2021, is
amended to read as follows:
7. For the purposes of this subsection section ,
“comprehensive preliminary background check” means the same as
defined in section 135C.1 .
Sec. 68. Section 135C.46, subsection 1, Code 2021, is
amended to read as follows:
1. A facility shall not discriminate or retaliate in any
way against a resident or an employee of the facility who has
initiated or participated in any proceeding authorized by this
chapter . A facility which violates this section is subject to
a penalty of not less than two hundred fifty nor more than five
thousand dollars, to be assessed and collected by the director
in substantially the manner prescribed by sections 135C.40 to
135C.43 through 135C.42 and paid into the state treasury to be
credited to the general fund, or to immediate revocation of the
facility’s license.
Sec. 69. Section 135P.3, subsection 1, unnumbered paragraph
1, Code 2021, is amended to read as follows:
If an adverse health care incident occurs in a health
facility, the health care provider, the health care facility,
or the health care provider jointly with the health facility,
may provide the patient with written notice of the desire of
the health care provider, the health care facility, or of the
health care provider jointly with the health facility, to enter
into an open discussion under this chapter . A health care
facility may designate a person or class of persons who have
authority to provide such notice on behalf of the facility.
If the health care provider or health facility provides such
notice, such notice must be sent within one year after the
date on which the health care provider knew, or through the
use of diligence should have known, of the adverse health care
incident. The notice must include all of the following:
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Sec. 70. Section 142.13, Code 2021, is amended to read as
follows:
142.13 Burial in private cemetery lot.
In the event such that a deceased person, whose body has been
used for scientific purposes as provided herein, shall own in
this chapter, owns or have has the right of burial in a private
or family cemetery lot in the state of Iowa, that such deceased
person’s body shall be buried in such that lot.
Sec. 71. Section 144.5, subsection 1, Code 2021, is amended
to read as follows:
1. Administer and enforce this chapter and the rules issued
hereunder under this chapter , and issue instructions for the
efficient administration of the statewide system of vital
statistics and the division for records and statistics.
Sec. 72. Section 144.20, Code 2021, is amended to read as
follows:
144.20 Information.
Information in the possession of the petitioner necessary
to prepare the adoption report shall be furnished with the
petition for adoption by each petitioner for adoption or the
petitioner’s attorney. The social agency, welfare agency,
adoption services provider or other person concerned shall
supply the court with such additional information in their
possession as necessary to complete the certificate. The
provision of such information shall be submitted to the court
prior to the issuance of a final decree in the matter by
the court, unless found by the court to be unavailable after
diligent inquiry.
Sec. 73. Section 144.41, Code 2021, is amended to read as
follows:
144.41 Amending local records.
When a certificate is amended under sections 144.38 to
through 144.40 the state registrar shall report the amendment
to the custodian of any permanent local records and such
records shall be amended accordingly.
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Sec. 74. Section 144.50, Code 2021, is amended to read as
follows:
144.50 Length of time records to be kept.
Records maintained under sections 144.47 to through 144.49
shall be retained for a period of not less than ten years and
shall be made available for inspection by the state registrar
or the state registrar’s representative upon demand.
Sec. 75. Section 144.56, subsection 2, Code 2021, is amended
to read as follows:
2. This section does not apply to any death investigated
under the authority of sections 331.802 to through 331.804 .
Sec. 76. Section 144F.2, subsection 1, paragraph b, Code
2021, is amended to read as follows:
b. A legal representative who is an agent under a durable
power of attorney for health care pursuant to chapter 144B
shall be given the opportunity to designate a lay caregiver
in lieu of the patient’s designation of a lay caregiver only
if, consistent with chapter 144B , in the judgment of the
attending physician, the patient is unable to make the health
care decision. A legal representative who is a guardian shall
be given the opportunity to designate a lay caregiver in lieu
of the patient’s designation of a lay caregiver to the extent
consistent with the powers and duties granted the guardian
pursuant to sections 232D.401 and 232D.402 or section 633.635 .
Sec. 77. Section 144F.6, Code 2021, is amended to read as
follows:
144F.6 Construction of chapter relative to other health care
directives.
Nothing in this chapter shall be construed to interfere with
the authority or responsibilities of an agent operating under
a valid durable power of attorney for health care pursuant to
chapter 144B or of the powers and duties granted to a guardian
pursuant to section 232D.401 , 232D.402, or 633.635 .
Sec. 78. Section 145A.7, Code 2021, is amended to read as
follows:
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145A.7 Special election.
When a protesting petition is received, the officials
receiving the petition shall call a special election of all
registered voters of that political subdivision upon the
question of approving or rejecting the order setting out the
proposed merger plan. The election shall be held on a date
specified in section 39.2, subsection 4 , paragraph “a” or “b” ,
as applicable. The vote will be taken by ballot in the form
provided by sections 49.43 to through 49.47 , and the election
shall be initiated and held as provided in chapter 49 . A
majority vote of those registered voters voting at the special
election shall be sufficient to approve the order and thus
include the political subdivision within the merged area.
Sec. 79. Section 148C.4, subsection 1, Code 2021, is amended
to read as follows:
1. A physician assistant may provide any legal medical
service for which the physician assistant has been prepared by
the physician assistant’s education, training, or experience
and is competent to perform. For the purposes of this section ,
“legal medical service for which the physician assistant has
been prepared by the physician assistant’s education, training,
or experience and is competent to perform” includes but is
not limited to making a pronouncement of death for a patient
whose death is anticipated if the death occurs in a licensed
hospital, a licensed health care facility, a correctional
institution listed in section 904.102 , a Medicare-certified
home health agency, or a Medicare-certified hospice program or
facility.
Sec. 80. Section 148C.5, subsection 3, Code 2021, is amended
to read as follows:
3. The board shall not amend or rescind any of the following
rules unless, prior to the submission of such an amendment or
rescission to the administrative rules coordinator, the board
consults with and receives approval from the board of medicine
to make such a submission:
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a. 645 IAC 326.1 regarding the following terms:
(1) “Physician”.
(2) “Physician assistant”.
(3) “Supervising physician”.
(4) “Supervision”.
b. 645 IAC 326.2(1)(f) .
c. 645 IAC 326.4(6) .
d. 645 IAC 326.8 .
e. 645 IAC 326.19(3)(b)(3) .
f. 645 IAC 327.1(1)(s)(1) – (4) .
g. 645 IAC 327.1(1)(u) .
h. e. 645 IAC 327.1(1) (z) (v) .
i. f. 645 IAC 327.4(1)(b)(2) – (4) .
j. g. 645 IAC 327.4(2) .
k. 645 IAC 327.6(1)(d) .
Sec. 81. Section 152.10, subsection 1, Code 2021, is amended
to read as follows:
1. Notwithstanding sections 147.87 to through 147.89 , the
board may restrict, suspend, or revoke a license to practice
nursing or place the licensee on probation. The board may also
prescribe by rule conditions of license reinstatement. The
board shall prescribe adopt rules of procedure by which to
restrict, suspend, or revoke a license. These procedures shall
conform to the provisions of chapter 17A .
Sec. 82. Section 153.15, Code 2021, is amended to read as
follows:
153.15 Dental hygienists —— scope of term.
1. A licensed dental hygienist may perform those services
which are educational, therapeutic, and preventive in nature
which attain or maintain optimal oral health as determined by
the board and . Services may include but are not necessarily
limited to complete the following:
a. Complete oral prophylaxis , application .
b. Application of preventive agents to oral structures ,
exposure .
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c. Exposure and processing of radiographs , administration .
d. Administration of medicaments prescribed by a licensed
dentist , obtaining .
e. Obtaining and preparing nonsurgical, clinical and
oral diagnostic tests for interpretation by the dentist , and
preparation .
f. Preparation of preliminary written records of oral
conditions for interpretation by the dentist.
2. Such services, except educational services, shall be
performed under supervision of a licensed dentist but nothing
herein in this section shall be construed to authorize a dental
hygienist to practice dentistry.
3. Educational services shall be limited to assessing the
following:
a. Assessing the need for, planning, implementing, and
evaluating oral health education programs for individual
patients and community groups ; and conducting .
b. Conducting workshops and in-service training sessions
on dental health for nurses, school personnel, institutional
staff, community groups, and other agencies providing
consultation and technical assistance for promotional,
preventive, and educational services.
Sec. 83. Section 153.17, unnumbered paragraph 1, Code 2021,
is amended to read as follows:
Except as herein otherwise provided in this chapter , it
shall be unlawful for any person to practice dentistry or
dental surgery or dental hygiene in this state, other than:
Sec. 84. Section 153.33, subsection 3, paragraphs b, d, e,
and f, Code 2021, are amended to read as follows:
b. If the board shall deem finds the charges sufficient,
if true, to warrant suspension or revocation of license or
registration, it the board shall make issue an order fixing
the a time and place for hearing thereon and requiring the
licensee or registrant to appear and answer thereto, such to
the charges. The order, together with a copy of the charges
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so made to , shall be served upon the accused at least twenty
days before the date fixed for hearing, either personally or
by certified or registered mail, sent to the licensee’s or
registrant’s last known post office address as shown by the
records of the board.
d. In all such investigations and hearings pertaining to
the suspension or revocation of licenses or registrations, the
board and any person affected thereby may have the benefit
of counsel , and upon . Upon the request of the licensee or
registrant or the licensee’s or registrant’s counsel , the board
shall issue subpoenas for the attendance of such witnesses in
behalf of the licensee or registrant , which . The subpoenas
when issued shall be delivered to the licensee or registrant
or the licensee’s or registrant’s counsel. Such subpoenas for
the attendance of witnesses shall be effective if served upon
the person named therein in the subpoena anywhere within this
state, provided that , at the time of such service , the fees
now or hereafter provided by law for attendance of witnesses
in civil cases in district court shall be are paid or tendered
to such the person.
e. In case of disobedience of a subpoena lawfully served
hereunder under this subsection , the board or any party to such
hearing aggrieved thereby may invoke the aid of the district
court in the county where such the hearing is being conducted
to require the attendance and testimony of such witnesses.
Such The district court of the county within which the hearing
is being conducted may, in case of contumacy or refusal to obey
such the subpoena, issue an order requiring such the person
to appear before said the board, and , if so ordered , to give
evidence touching the matter involved in the hearing. Any
failure to obey such order of the court may be punished by such
the court as a contempt thereof .
f. If the licensee or registrant pleads guilty, or after
hearing shall be is found guilty by the board of any of the
charges made, it the board may suspend for a limited period
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or revoke the license or registration, and the last renewal
thereof of the license or registration , and shall enter the
order on its records and . The board shall notify the accused
of the revocation or suspension of the person’s license or
registration, as the case may be, who and the person shall
thereupon forthwith immediately surrender that license or
registration to the board. Any such person whose license
or registration has been so revoked or suspended shall not
thereafter and while such revocation or suspension is in force
and effect practice dentistry, dental hygiene, or dental
assisting within this state while the revocation or suspension
is in force and effect .
Sec. 85. Section 153.33, subsection 5, paragraph d, Code
2021, is amended to read as follows:
d. This section subsection shall not prohibit the board from
imposing discipline on a licensee, registrant, or trainee for
willful or repeated violations.
Sec. 86. Section 154.1, subsection 3, paragraph a, Code
2021, is amended to read as follows:
a. An optometrist licensed under this chapter may employ
all diagnostic and therapeutic pharmaceutical agents for the
purpose of diagnosis and treatment of conditions of the human
eye and adnexa pursuant to this subsection , and notwithstanding
section 147.107 , may without charge supply any of the above
pharmaceuticals diagnostic and therapeutic pharmaceutical
agents to commence a course of therapy. A licensed optometrist
may perform minor surgical procedures and use medications
for the diagnosis and treatment of diseases, disorders, and
conditions of the eye and adnexa. A license to practice
optometry under this chapter does not authorize the performance
of surgical procedures which require the use of injectable
or general anesthesia, moderate sedation, penetration of the
globe, or the use of ophthalmic lasers for the purpose of
ophthalmic surgery within or upon the globe. The removal of
pterygia and Salzmann’s nodules, incisional corneal refractive
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surgery, and strabismus surgery are prohibited.
Sec. 87. Section 154.2, subsection 1, Code 2021, is amended
to read as follows:
1. Merchants or dealers who sell glasses as merchandise in
an established place of business and who do not profess to be
optometrists or practice optometry as herein defined described
in this chapter .
Sec. 88. Section 161A.48, subsection 3, Code 2021, is
amended to read as follows:
3. Upon receiving evidence of the submission of an
application, the commissioners shall forward to the officer or
agency to which the application was made a written request to
receive notification of the disposition of the application.
When notified of the approval of the application, the
commissioners shall issue to the same parties who received the
original administrative order, or their successors in interest,
a supplementary order, to be delivered in the same manner as
provided by sections 161A.43 to 161A.53 through 161A.47, this
section, and sections 161A.49 through 161A.51 for delivery of
original administrative orders. The supplementary order shall
state a time, not more than six months after approval of the
application for public cost-sharing funds, by which the work
needed to comply with the original administrative order shall
actually be commenced, and a time thereafter when the work is
to be satisfactorily completed. If feasible, that time shall
be within one year after the date of the supplementary order,
but the owner of land on which a soil and water conservation
practice is being established under this section is not
required to incur a cost for the practice in any one calendar
year which exceeds ten dollars per acre for each acre of land
belonging to that owner and located in the county containing
the land on which the required practice is being established or
in counties contiguous to that county.
Sec. 89. Section 177A.19, subsection 4, Code 2021, is
amended to read as follows:
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4. The procedures provided in section 177A.17 and all other
applicable provisions of sections 177A.5 to through 177A.18
shall govern and apply to the enforcement of this section .
Sec. 90. Section 189.17, Code 2021, is amended to read as
follows:
189.17 Confiscation or condemnation.
Unless a procedure or method of seizure and confiscation
or condemnation is otherwise provided, the secretary is
hereby authorized to prohibit the entrance into channels of
commerce or possession of any article found to be adulterated
or improperly labeled according to the provisions of this
subchapter or rules established hereunder adopted pursuant
to this subchapter . Any articles found in channels of
commerce or in possession by an inspector which are not in
compliance with the adulteration or labeling provisions of
this subchapter shall be subject to immediate seizure by the
department. Seized articles shall be condemned unless of
such character that the articles can be made to conform with
the provisions of this subchapter by methods approved by the
secretary. Condemned articles shall be effectively destroyed
for the purpose for which they were intended by the owner of
the article, or the owner’s agent, under the supervision of an
inspector in such manner as the secretary may prescribe.
Sec. 91. Section 190B.101, Code 2021, is amended to read as
follows:
190B.101 Definitions.
As used in this chapter subchapter , unless the context
otherwise requires:
1. “Department” means the department of revenue.
2. “Tax credit” means the from farm to food donation tax
credit as established in this chapter subchapter .
Sec. 92. Section 190B.102, Code 2021, is amended to read as
follows:
190B.102 Department of revenue —— cooperation with other
departments.
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1. This chapter subchapter shall be administered by the
department of revenue.
2. The department shall adopt all rules necessary to
administer this chapter subchapter .
3. The department of agriculture and land stewardship, the
department of public health, the department of human services,
and the department of inspections and appeals shall cooperate
with the department of revenue to administer this chapter
subchapter .
Sec. 93. Section 190B.103, Code 2021, is amended to read as
follows:
190B.103 From farm to food donation tax credit.
A from farm to food donation tax credit is allowed against
the taxes imposed in chapter 422, subchapters II and III , as
provided in this chapter subchapter .
Sec. 94. Section 196.10, Code 2021, is amended to read as
follows:
196.10 Labeling.
Sections 189.9 to through 189.12 shall apply to the labeling
of packaged eggs which have been candled and graded if not
inconsistent with the provisions of this chapter . All cases
of loose packed eggs sold in this state shall identify the egg
handler’s name or license number or United States department of
agriculture plant number, and the grade of the eggs contained
in the case. Each carton containing eggs for retail sale in
Iowa which have been candled and graded shall be marked with
the grade and size of the eggs contained, the date they were
packed, and the name and address of the distributor or packer.
Sec. 95. Section 200.8, subsection 2, paragraph a, Code
2021, is amended to read as follows:
a. File not later than the last day of January and July of
each year, on forms furnished by the secretary, a semiannual
statement setting forth the number of net tons of commercial
fertilizer or soil conditioners distributed in this state
by grade for each county during the preceding six months’
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six-month period; and upon filing such statement shall pay
the inspection fee at the rate stated in subsection 1 of this
section . However, in lieu of the semiannual statement by grade
for each county, as hereinabove provided for, the registrant,
on individual packages of specialty fertilizer containing
twenty-five pounds or less, the registrant shall file not later
than the last day of July of each year, on forms furnished by
the secretary, an annual statement setting forth the number of
net tons of specialty fertilizer distributed in this state by
grade during the preceding twelve-month period.
Sec. 96. Section 200.16, Code 2021, is amended to read as
follows:
200.16 “Stop sale” orders.
The secretary may issue and enforce a written or printed
“stop sale, use or removal” order to the owner or custodian of
any lot of commercial fertilizer or soil conditioner, and to
hold at a designated place when if the secretary finds said
the commercial fertilizer or soil conditioner is being offered
or exposed for sale in violation of any of the provisions of
this chapter or any of the rules and regulations promulgated
hereunder under this chapter. The secretary may hold the
commercial fertilizer or soil conditioner at a designated place
until the law has been complied with and said the commercial
fertilizer or soil conditioner is released in writing by the
secretary , or said the violation has been otherwise legally
disposed of by written authority, and all costs and expenses
incurred in connection with the withdrawal have been paid.
Sec. 97. Section 200.18, subsections 1 and 6, Code 2021, are
amended to read as follows:
1. If it shall appear from the examination of any
commercial fertilizer or soil conditioner or any anhydrous
ammonia installation, equipment, or operation that any of
the provisions of this chapter or the rules and regulations
issued thereunder under this chapter have been violated, the
secretary shall cause notice of the violations to be given to
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the registrant, distributor, or possessor from whom said sample
was taken; any person so notified shall be given opportunity to
be heard under such rules and regulations as may be prescribed
by the secretary. If it appears after such hearing, either in
the presence or absence of the person so notified, that any of
the provisions of this chapter or rules and regulations issued
thereunder under this chapter have been violated, the secretary
may certify the facts to the proper prosecuting attorney.
6. The secretary is hereby authorized to apply for and the
court to grant a temporary or permanent injunction restraining
any person from violating or continuing to violate any of
the provisions of this chapter or any rule or regulation
promulgated under the this chapter notwithstanding the
existence of other remedies at law, said injunction to be
issued without bond.
Sec. 98. Section 204.8, subsection 1, paragraph c, Code
2021, is amended to read as follows:
c. The department shall provide the department of public
safety any official test results that indicate a sample exceeds
the has a maximum concentration of delta-9 tetrahydrocannabinol
in excess of two percent on a dry weight basis.
Sec. 99. Section 205.8, unnumbered paragraph 1, Code 2021,
is amended to read as follows:
Nothing in sections 205.5 to through 205.7 shall apply:
Sec. 100. Section 208A.4, Code 2021, is amended to read as
follows:
208A.4 Inspection by department.
1. Before any antifreeze shall be is sold, exposed for
sale, or held with intent to sell within this state, a sample
thereof of the product must be inspected by the department of
agriculture and land stewardship. Upon application of the
manufacturer, packer, seller , or distributor and the payment of
a fee of twenty dollars for each brand of antifreeze submitted,
the department shall inspect the antifreeze submitted. If the
antifreeze is not adulterated or misbranded, if it meets the
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standards of the department, and is not in violation of this
chapter , the department shall give the applicant a written
permit authorizing the sale of such antifreeze in this state
until the formula or labeling of the antifreeze is changed in
any manner.
2. If the department shall finds at a later date find that
the product to be sold, exposed for sale , or held with intent
to sell has been materially altered or adulterated, a change
has been made in the name, brand , or trademark under which
the antifreeze is sold, or it violates the provisions of this
chapter , the department shall notify the applicant and the
permit shall be canceled forthwith.
Sec. 101. Section 210.8, Code 2021, is amended to read as
follows:
210.8 Sales of dry commodities.
All dry commodities unless bought or sold in package or
wrapped form shall be bought or sold only by the standard
weight or measure herein established in this chapter , or by
numerical count, unless the parties otherwise agree in writing,
except as provided in sections 210.9 to through 210.12 .
Sec. 102. Section 210.18, Code 2021, is amended to read as
follows:
210.18 Sales to be by standard weight or measure —— labeling.
1. All commodities bought or sold by weight or measure shall
be bought or sold only by the standards established by this
chapter , unless the vendor and vendee otherwise agree. Sales
by weight shall be by avoirdupois weight unless troy weight is
agreed upon by the vendor and vendee.
2. All commodities bought or sold in package form shall be
labeled in compliance with the general provisions for labeling
provided for in sections section 189.9 to and sections 189.11
through 189.16, unless otherwise provided for in this chapter .
Sec. 103. Section 210.21, Code 2021, is amended to read as
follows:
210.21 Violations.
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It shall be unlawful for any person to manufacture, procure,
or keep for the purpose of sale, offer or expose for sale, or
sell bread in the form of loaves which are not of one of the
weights specified in section 210.19 or violate the rules of the
secretary of agriculture pertaining thereto. Any person who,
in person or by a servant, or agent, or as the servant or agent
of another, shall violate any of the provisions of sections
210.19 to , 210.20, this section, and sections 210.22 through
210.25, shall be guilty of a simple misdemeanor.
Sec. 104. Section 210.23, Code 2021, is amended to read as
follows:
210.23 Exception.
Any person engaged in home baking is exempt from the
provisions of sections 210.19 to through 210.22 .
Sec. 105. Section 210.24, Code 2021, is amended to read as
follows:
210.24 Enforcement —— rules and regulations.
The secretary of agriculture shall enforce the provisions of
sections 210.19 to through 210.23, this section, and section
210.25. The secretary shall make rules for the enforcement of
the provisions of said sections not inconsistent therewith, and
such rules and regulations shall include reasonable variations
and tolerances.
Sec. 106. Section 217.3, subsection 5, Code 2021, is amended
to read as follows:
5. Insure that all programs administered or services
rendered by the department directly to any citizen or
through a local board of welfare agency to any citizen are
coordinated and integrated so that any citizen does not receive
a duplication of services from various departments or local
agencies that could be rendered by one department or local
agency. If the council finds that such is not the case, it
shall hear and determine which department or local agency shall
provide the needed service or services and enter an order of
their determination by resolution of the council which must be
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concurred in by at least a majority of the members. Thereafter
such order or resolution of the council shall be obeyed by all
state departments and local agencies to which it is directed.
Sec. 107. Section 218.31, Code 2021, is amended to read as
follows:
218.31 Witnesses.
In aid of any investigation the administrator shall have
the power to summon and compel the attendance of witnesses; to
examine the same witnesses under oath, which the administrator
shall have power to administer; to have access to all books,
papers, and property material to such investigation, and to
order the production of any other books or papers material
thereto to the investigation . Witnesses other than those in
the employ of the state shall be entitled to the same fees as in
civil cases in the district court.
Sec. 108. Section 218.43, Code 2021, is amended to read as
follows:
218.43 Deduction to pay court costs.
If such wage be wages are paid to a resident pursuant
to section 218.42 , the administrator in control of such an
institution listed in section 218.1 may deduct therefrom from
the wages an amount sufficient to pay all or a part of the
costs taxed to such the resident by reason of the resident’s
commitment to said the institution. In such case the amount so
deducted shall be forwarded to the clerk of the district court
or proper official.
Sec. 109. Section 218.44, Code 2021, is amended to read as
follows:
218.44 Wages paid to dependent —— deposits.
If such wage be wages are paid to a resident pursuant
to section 218.42 , the administrator in control of such an
institution listed in section 218.1 may pay all or any part of
the same wages directly to any dependent of such the resident ,
or . The administrator may also deposit such wage the wages to
the account of such resident, or may so deposit part thereof of
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the wages and allow the resident a portion for the resident’s
own personal use, or may pay to the county of commitment all
or any part of the resident’s care, treatment , or subsistence
while at said institution from any credit balance accruing to
the account of said the resident.
Sec. 110. Section 218.92, Code 2021, is amended to read as
follows:
218.92 Patients with dangerous mental disturbances.
When a patient in a state resource center for persons with an
intellectual disability, a state mental health institute, or
another institution under the administration of the department
of human services has become so mentally disturbed as to
constitute a danger to self, to other patients or staff of
the institution, or to the public, and the institution cannot
provide adequate security, the administrator in charge of
the institution, with the consent of the director of the
Iowa department of corrections, may order the patient to be
transferred to the Iowa medical and classification center, if
the superintendent of the institution from which the patient
is to be transferred, with the support of a majority of the
medical staff, recommends the transfer in the interest of
the patient, other patients, or the public. If the patient
transferred was hospitalized pursuant to sections 229.6 to
through 229.15 , the transfer shall be promptly reported to
the court that ordered the hospitalization of the patient, as
required by section 229.15, subsection 5 . The Iowa medical
and classification center has the same rights, duties, and
responsibilities with respect to the patient as the institution
from which the patient was transferred had while the patient
was hospitalized in the institution. The cost of the transfer
shall be paid from the funds of the institution from which the
transfer is made.
Sec. 111. Section 218.100, Code 2021, is amended to read as
follows:
218.100 Central warehouse and supply depot.
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The department of human services shall establish a fund for
maintaining and operating a central warehouse as a supply depot
and distribution facility for surplus government products,
carload canned goods, paper products, other staples, and such
other items as determined by the department. The fund shall be
permanent and shall be composed of the receipts from the sales
of merchandise, recovery of handling, operating and delivery
charges of such merchandise, and from the funds contributed by
the institutions now in a contingent fund being used for this
purpose. All claims for purchases of merchandise, operating,
and salary expenses shall be subject to the provisions of
sections 218.86 to , 218.87, and 218.88.
Sec. 112. Section 222.1, subsection 3, Code 2021, is amended
to read as follows:
3. A special intellectual disability unit may be maintained
at one of the state mental health institutes for the purposes
set forth in sections 222.88 to through 222.91 .
Sec. 113. Section 222.2, subsection 7, Code 2021, is amended
to read as follows:
7. “Special unit” means a special intellectual disability
unit established at a state mental health institute pursuant to
sections 222.88 to through 222.91 .
Sec. 114. Section 225.15, subsection 1, Code 2021, is
amended to read as follows:
1. When a respondent arrives at the state psychiatric
hospital, the admitting physician shall examine the respondent
and determine whether or not, in the physician’s judgment, the
respondent is a fit subject for observation, treatment, and
hospital care. If, upon examination, the physician decides
that the respondent should be admitted to the hospital, the
respondent shall be provided a proper bed in the hospital. The
physician who has charge of the respondent shall proceed with
observation, medical treatment, and hospital care as in the
physician’s judgment are proper and necessary, in compliance
with sections 229.13 to , 229.14, this section, and section
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229.16. After the respondent’s admission, the observation,
medical treatment, and hospital care of the respondent may be
provided by a mental health professional, as defined in section
228.1 , who is licensed as a physician, advanced registered
nurse practitioner, or physician assistant.
Sec. 115. Section 225.17, subsection 2, Code 2021, is
amended to read as follows:
2. When the respondent arrives at the hospital, the
respondent shall receive the same treatment as is provided for
committed public patients in section 225.15 , in compliance
with sections 229.13 to through 229.16 . However, observation,
treatment, and hospital care under this section of a respondent
whose expenses are payable in whole or in part by a county
shall only be provided as determined through the regional
administrator for the respondent’s county of residence.
Sec. 116. Section 227.2, subsection 1, paragraph g, Code
2021, is amended to read as follows:
g. Any failure to comply with standards adopted under
section 227.4 for care of persons with mental illness and
persons with an intellectual disability in county care
facilities, which is not covered in information submitted
pursuant to paragraphs “a” to through “f” , and any other matters
which the director of public health, in consultation with the
administrator of the division, may require.
Sec. 117. Section 227.10, Code 2021, is amended to read as
follows:
227.10 Transfers from county or private institutions.
Patients who have been admitted at public expense to
any institution to which this chapter is applicable may be
involuntarily transferred to the proper state hospital for
persons with mental illness in the manner prescribed by
sections 229.6 to through 229.13 . The application required by
section 229.6 may be filed by the administrator of the division
or the administrator’s designee, or by the administrator of
the institution where the patient is then being maintained
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or treated. If the patient was admitted to that institution
involuntarily, the administrator of the division may arrange
and complete the transfer, and shall report it as required of
a chief medical officer under section 229.15, subsection 5 .
The transfer shall be made at the mental health and disability
services region’s expense, and the expense recovered, as
provided in section 227.7 . However, transfer under this
section of a patient whose expenses are payable in whole or
in part by the mental health and disability services region
is subject to an authorization for the transfer through the
regional administrator for the patient’s county of residence.
Sec. 118. Section 227.15, Code 2021, is amended to read as
follows:
227.15 Authority to confine in hospital.
No person shall be involuntarily confined and restrained
in any private institution or hospital or county hospital or
other general hospital with a psychiatric ward for the care
or treatment of persons with mental illness, except by the
procedure prescribed in sections 229.6 to through 229.15 .
Sec. 119. Section 229.17, Code 2021, is amended to read as
follows:
229.17 Status of respondent during appeal.
If a respondent appeals to the supreme court from a finding
that the contention the respondent is seriously mentally
impaired has been sustained, and the respondent was previously
ordered taken into immediate custody under section 229.11
or has been hospitalized for psychiatric evaluation and
appropriate treatment under section 229.13 before the court
is informed of intent to appeal its finding, the respondent
shall remain in custody as previously ordered by the court, the
time limit stated in section 229.11 notwithstanding, or shall
remain in the hospital subject to compliance by the hospital
with sections 229.13 to through 229.16 , as the case may be,
unless the supreme court orders otherwise. If a respondent
appeals to the supreme court regarding a placement order, the
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respondent shall remain in placement unless the supreme court
orders otherwise.
Sec. 120. Section 229.19, subsection 1, paragraph c, Code
2021, is amended to read as follows:
c. The advocate’s responsibility with respect to any patient
shall begin at whatever time the attorney employed or appointed
to represent that patient as respondent in hospitalization
proceedings, conducted under sections 229.6 to through 229.13 ,
reports to the court that the attorney’s services are no longer
required and requests the court’s approval to withdraw as
counsel for that patient. However, if the patient is found to
be seriously mentally impaired at the hospitalization hearing,
the attorney representing the patient shall automatically be
relieved of responsibility in the case and an advocate shall
be assigned to the patient at the conclusion of the hearing
unless the attorney indicates an intent to continue the
attorney’s services and the court so directs. If the court
directs the attorney to remain on the case, the attorney shall
assume all the duties of an advocate. The clerk shall furnish
the advocate with a copy of the court’s order approving the
withdrawal and shall inform the patient of the name of the
patient’s advocate.
Sec. 121. Section 229.21, subsection 2, Code 2021, is
amended to read as follows:
2. When an application for involuntary hospitalization
under section 229.6 or for involuntary commitment or treatment
of persons with substance-related disorders under section
125.75 is filed with the clerk of the district court in any
county for which a judicial hospitalization referee has been
appointed, and no district judge, district associate judge, or
magistrate who is admitted to the practice of law in this state
is accessible, the clerk shall immediately notify the referee
in the manner required by section 229.7 or section 125.77 .
The referee shall discharge all of the duties imposed upon
the court by sections 229.7 to through 229.19, this section,
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and section 229.22 or sections 125.75 to through 125.94 in
the proceeding so initiated. Subject to the provisions of
subsection 4 , orders issued by a referee, in discharge of
duties imposed under this section , shall have the same force
and effect as if ordered by a district judge. However, any
commitment to a facility regulated and operated under chapter
135C shall be in accordance with section 135C.23 .
Sec. 122. Section 229.22, subsection 4, Code 2021, is
amended to read as follows:
4. The cost of hospitalization at a public hospital of
a person detained temporarily by the procedure prescribed in
this section shall be paid in the same way as if the person had
been admitted to the hospital by the procedure prescribed in
sections 229.6 to through 229.13 .
Sec. 123. Section 229.24, subsection 2, Code 2021, is
amended to read as follows:
2. If authorized in writing by a person who has been the
subject of any proceeding or report under sections 229.6 to
through 229.13 or section 229.22 , or by the parent or guardian
of that person, information regarding that person which
is confidential under subsection 1 may be released to any
designated person.
Sec. 124. Section 232.9, Code 2021, is amended to read as
follows:
232.9 Motion for change of judge.
Prior to a hearing pursuant to sections 232.44 to through
232.47 , 232.50 , or 232.54 , the child may file a motion with the
district court for the appointment of a new judge. The chief
judge of the district court for cause shown shall appoint a new
judge.
Sec. 125. Section 232.11, subsection 2, Code 2021, is
amended to read as follows:
2. The child’s right to be represented by counsel under
subsection 1 , paragraphs “b” to through “f” , of this section
shall not be waived by a child of any age. The child’s right
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to be represented by counsel under subsection 1 , paragraph “a” ,
shall not be waived by a child less than sixteen years of age
without the written consent of the child’s parent, guardian,
or custodian. The waiver by a child who is at least sixteen
years of age is valid only if a good faith effort has been made
to notify the child’s parent, guardian, or custodian that the
child has been taken into custody and of the alleged delinquent
act for which the child has been taken into custody, the
location of the child, and the right of the parent, guardian,
or custodian to visit and confer with the child.
Sec. 126. Section 232.72, subsection 3, Code 2021, is
amended to read as follows:
3. If the child’s home is located in a county not served by
the office receiving the report, the department shall promptly
transfer the matter by transmitting a copy of the report of
injury and any other pertinent information to the office and
the county attorney serving the other county. They The office
and the county attorney shall promptly proceed as provided in
section 232.71B .
Sec. 127. Section 232.127, subsection 9, Code 2021, is
amended to read as follows:
9. A child found in contempt of court because of violation
of conditions imposed under this section shall not be
considered delinquent. Such a contempt may be punished by
imposition of a work assignment or assignments to benefit the
state or a governmental subdivision of the state. In addition
to or in lieu of such an assignment or assignments, the court
may impose one of the dispositions set out in sections 232.100
to through 232.102 .
Sec. 128. Section 232.142, subsection 2, Code 2021, is
amended to read as follows:
2. For the purpose of providing and maintaining a county or
multicounty home, the board of supervisors of any county may
issue general county purpose bonds in accordance with sections
331.441 to through 331.449 . Expenses for providing and
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maintaining a multicounty home shall be paid by the counties
participating in a manner to be determined by the boards of
supervisors.
Sec. 129. Section 233A.11, Code 2021, is amended to read as
follows:
233A.11 County attorney to appear for child.
In case legal proceedings are necessary to enforce any
right conferred on any child by sections 233A.7 to through
233A.10 , inclusive, the county attorney of the county in which
such proceedings should be instituted shall, on request of the
superintendent, approved by the administrator, institute and
carry on, in the name of the superintendent, the proceedings in
behalf of the superintendent.
Sec. 130. Section 233A.15, Code 2021, is amended to read as
follows:
233A.15 Transfers to work in parks.
1. The administrator may detail children, classed as
trustworthy, from the state training school, to perform
services for the department of natural resources within the
state parks, state game and forest areas , and other lands under
the jurisdiction of the department of natural resources. The
department of natural resources shall provide permanent housing
and work guidance supervision, but the care and custody of
the children so detailed shall remain under employees of the
division of child and family services of the department of
human services. All such programs shall have as their primary
purpose and shall provide for inculcation or the activation of
attitudes, skills , and habit patterns which will be conducive
to the habilitation of the youths involved.
2. The administrator is hereby authorized to use
state-owned mobile housing equipment and facilities in
performing such services at temporary locations in the above
areas described in subsection 1 .
Sec. 131. Section 249.1, subsection 5, paragraph b, Code
2021, is amended to read as follows:
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b. By the state of Iowa directly pursuant to sections 249.3
to through 249.5 .
Sec. 132. Section 252B.1, subsection 2, Code 2021, is
amended to read as follows:
2. “Child” includes but shall not be limited to a stepchild,
foster child , or legally adopted child and means a child
actually or apparently under eighteen years of age , and or a
dependent person eighteen years of age or over who is unable
to maintain the person’s self and is likely to become a public
charge. “Child” includes “child” as defined in section 239B.1 .
Sec. 133. Section 256.43, subsection 1, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
The director , pursuant to section 256.9, subsection 55 ,
shall establish an online learning program model that provides
for the following:
Sec. 134. Section 256.43, subsection 1, paragraph i, Code
2021, is amended to read as follows:
i. Criteria for school districts or schools to use when
choosing providers of online learning to meet the online
learning program requirements specified in rules adopted
pursuant to section 256.7, subsection 32 .
Sec. 135. Section 256B.6, subsection 1, Code 2021, is
amended to read as follows:
1. When the school district or area education agency
has provided special education services and programs as
provided herein in this chapter for any child requiring
special education, either by admission to a special class or
by supportive services, it shall be the duty of the parent or
guardian to enroll the child for instruction in such special
classes or supportive services as may be established, except in
the event a doctor’s certificate is filed with the secretary
of the school district showing that it is inadvisable for
medical reasons for the child requiring special education to
receive the special education provided; all the provisions and
conditions of chapter 299 shall be applicable to this section ,
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and any violations shall be punishable as provided in chapter
299 .
Sec. 136. Section 256B.9, subsection 6, Code 2021, is
amended to read as follows:
6. The division may conduct an evaluation of the special
education instructional program or special education support
services being provided by an area education agency, school
district, or private agency, pursuant to sections 273.1 to
through 273.9 and this chapter , to determine if the program or
service is adequate and proper to meet the needs of the child;
if the child is benefiting from the program or service; if
the costs are in proportion to the educational benefits being
received; and if there are any improvements that can be made
in the program or service. A written report of the evaluation
shall be sent to the area education agency, school district,
or private agency evaluated and to the president of the senate
and speaker of the house of representatives of the general
assembly.
Sec. 137. Section 257.22, Code 2021, is amended to read as
follows:
257.22 Statutes applicable.
The director of revenue shall administer the instructional
support income surtax imposed under this chapter , and sections
422.4 , 422.20 , sections 422.22 to through 422.31 , sections
422.68 , 422.70 , and sections 422.72 to through 422.75 shall
apply with respect to administration of the instructional
support income surtax.
Sec. 138. Section 257B.28, Code 2021, is amended to read as
follows:
257B.28 Statute of limitation.
Lapse of time is not a bar to action to recover a part of the
permanent school fund, and it does not prevent the introduction
of evidence in an action, except as provided in sections 614.29
to through 614.38 .
Sec. 139. Section 260C.39, subsections 1 and 3, Code 2021,
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are amended to read as follows:
1. Any merged area may combine with any adjacent merged area
after a favorable vote by the electors of each of the areas
involved. If the boards of directors of two or more merged
areas agree to a combination, the question shall be submitted
to the electors of each area at an election held on a date
specified in section 39.2, subsection 4 , paragraph “c” , and held
on the same day in each area. Prior to the election, the board
of each merged area shall notify the county commissioner of
elections of the county in which the greatest proportion of the
merged area’s taxable base is located, who shall publish notice
of the election according to section 49.53 . The two respective
county commissioners of elections shall conduct the election
pursuant to the provisions of chapters 39 to through 53 . The
votes cast in the election shall be canvassed by the county
board of supervisors, and the county commissioner of elections
of each county in the merged areas shall certify the results to
the board of directors of each merged area.
3. The terms of employment of personnel, for the academic
year following the effective date of the agreement to combine
the merged areas shall not be affected by the combination of
the merged areas, except in accordance with the procedures
under sections 279.15 to , 279.16, 279.18 and section 279.24,
to the extent those procedures are applicable, or under the
terms of the base bargaining agreement. The authority and
responsibility to offer new contracts or to continue, modify,
or terminate existing contracts pursuant to any applicable
procedures under chapter 279 , shall be transferred to the
acting, and then to the new, board of the combined merged area
upon certification of a favorable vote to each of the merged
areas affected by the agreement. The collective bargaining
agreement of the merged area receiving the greatest amount of
general state aid shall serve as the base agreement for the
combined merged area and the employees of the merged areas
which combined to form the new combined merged area shall
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automatically be accreted to the bargaining unit from that
former merged area for purposes of negotiating the contracts
for the following years without further action by the public
employment relations board. If only one collective bargaining
agreement is in effect among the merged areas which are
combining under this section , then that agreement shall serve
as the base agreement, and the employees of the merged areas
which are combining to form the new combined merged area shall
automatically be accreted to the bargaining unit of that former
merged area for purposes of negotiating the contracts for the
following years without further action by the public employment
relations board. The board of the combined merged area, using
the base agreement as its existing contract, shall bargain with
the combined employees of the merged areas that have agreed
to combine for the academic year beginning with the effective
date of the agreement to combine merged areas. The bargaining
shall be completed by March 15 prior to the academic year in
which the agreement to combine merged areas becomes effective
or within one hundred eighty days after the organization of
the acting board of the new combined merged area, whichever
is later. If a bargaining agreement was already concluded in
the former merged area which has the collective bargaining
agreement that is serving as the base agreement for the new
combined merged area, between the former merged area board
and the employees of the former merged area, that agreement
is void, unless the agreement contained multiyear provisions
affecting academic years subsequent to the effective date of
the agreement to form a combined merged area. If the base
collective bargaining agreement contains multiyear provisions,
the duration and effect of the agreement shall be controlled
by the terms of the agreement. The provisions of the base
agreement shall apply to the offering of new contracts, or
the continuation, modification, or termination of existing
contracts between the acting or new board of the combined
merged area and the combined employees of the new combined
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merged area.
Sec. 140. Section 260C.48, subsection 1, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
The state board shall develop standards and rules for
the accreditation of community college programs. Except
as provided in this subsection and subsection 4 , standards
developed shall be general in nature so as to apply to more
than one specific program of instruction. With regard to
community college-employed instructors, the standards adopted
shall at a minimum require that community college instructors
who are under contract for at least half-time or more, and by
July 1, 2011, all instructors, meet the following requirements:
Sec. 141. Section 261A.24, Code 2021, is amended to read as
follows:
261A.24 Chapter as alternative method —— powers not subject
to supervision or regulation.
Sections 261A.1 through 261A.23 provide a complete,
additional, and alternative method for the doing of the things
authorized by the this chapter and the limitations imposed by
this chapter do not affect powers or rights conferred by other
laws, and the issuance of obligations and refunding obligations
under this chapter need not comply with the requirements of any
other law applicable to the issuance of obligations. Except
as otherwise expressly provided in this chapter , the powers
granted to the authority under this chapter are not subject to
the supervision or regulation and do not require the approval
or consent of a city or political subdivision or department,
division, commission, board, body, bureau, official, or agency
of a political subdivision or of the state.
Sec. 142. Section 261E.11, subsection 2, Code 2021, is
amended to read as follows:
2. The programming in this chapter may be delivered via
internet-based technologies including but not limited to the
Iowa learning online program . An internet-based course may
qualify for additional supplemental weighting if it meets the
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requirements of section 261E.8 or section 261E.10 .
Sec. 143. Section 272.2, subsection 14, paragraph a, Code
2021, is amended to read as follows:
a. The board may deny a license to or revoke the license
of a person upon the board’s finding by a preponderance of
evidence that either the person has been convicted of an
offense and the offense directly relates to the duties and
responsibilities of the profession or that there has been
a founded report of child abuse against the person. Rules
adopted in accordance with this paragraph shall provide that
in determining whether a person should be denied a license or
that a practitioner’s license should be revoked, the board
shall consider the nature and seriousness of the founded abuse
or crime offense in relation to the position sought, the time
elapsed since the crime offense was committed, the degree of
rehabilitation which has taken place since the incidence of
founded abuse or the commission of the crime offense , the
likelihood that the person will commit the same abuse or crime
offense again, and the number of founded abuses committed by or
criminal convictions of the person involved.
Sec. 144. Section 275.11, Code 2021, is amended to read as
follows:
275.11 Proposals involving two or more districts.
Subject to the approval of the area education agency board,
contiguous or marginally adjacent territory located in two or
more school districts may be united into a single district
in the manner provided in sections 275.12 to through 275.18,
275.20, and 275.22.
Sec. 145. Section 275.23, Code 2021, is amended to read as
follows:
275.23 Frequency of change.
A school district which is enlarged, reorganized, or
changes its boundaries under sections 275.12 to through
275.18, 275.20, and 275.22, shall not file a petition under
section 275.12 for the purpose of reducing the area served or
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changing the boundaries to exclude areas encompassed by the
enlargement, reorganization, or boundary changes for a period
of five years following the effective date of the enlargement,
reorganization, or boundary change unless the action is
approved by the director of the department of education.
Sec. 146. Section 275.24, Code 2021, is amended to read as
follows:
275.24 Effective date of change.
When a school district is enlarged, reorganized, or changes
its boundary pursuant to sections 275.12 to through 275.18,
275.20, and 275.22, the change shall take effect on July 1
following the date of the reorganization election held pursuant
to section 275.18 .
Sec. 147. Section 276.1, Code 2021, is amended to read as
follows:
276.1 Title.
Sections 276.1 to This section, sections 276.2 through
276.5, and sections 276.8 through 276.11 of this chapter shall
be known and may be cited as the “Iowa Community Education Act” .
Sec. 148. Section 276.3, unnumbered paragraph 1, Code 2021,
is amended to read as follows:
As used in sections 276.1 to , 276.2, this section, sections
276.4, 276.5, and sections 276.8 through 276.11 unless the
context otherwise requires:
Sec. 149. Section 279.9, Code 2021, is amended to read as
follows:
279.9 Use of tobacco, alcoholic beverages, or controlled
substances.
The rules adopted under section 279.8 shall prohibit include
rules prohibiting the use of tobacco and the use or possession
of alcoholic liquor, wine, or beer or any controlled substance
as defined in section 124.101, subsection 5 , by any student of
the schools and the . The board may suspend or expel a student
for a violation of a rule described under this section .
Sec. 150. Section 280.3, subsection 2, Code 2021, is amended
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to read as follows:
2. The minimum educational program shall be the curriculum
set forth in subsection 3 of this section and section 256.11 ,
except as otherwise provided by law. The board of directors of
a public school district shall not allow discrimination in any
educational program on the basis of race, color, creed, sex,
marital status, or place of national origin.
Sec. 151. Section 280.19A, subsections 1 and 2, Code 2021,
are amended to read as follows:
1. By January 15, 1995, each Each school district shall
adopt a plan to provide alternative options education programs
to students who are either at risk of dropping out or have
dropped out. An alternative options education program may be
provided in a district, through a sharing agreement with a
school in a contiguous district, or through an areawide program
available at the community college serving the merged area in
which the school district is located. Each area education
agency shall provide assistance in establishing a plan to
provide alternative education options to students attending a
public school in a district served by the agency.
2. If a district has not adopted a plan as required in this
section and implemented the plan by January 15, 1996, the area
education agency serving the district shall assist the district
with developing a plan and an alternative options education
program for the pupil. When a plan is developed, the district
shall be responsible for the operation of the program and
shall reimburse the area education agency for the actual costs
incurred by the area education agency under this section .
Sec. 152. Section 285.1, subsection 16, paragraph c, Code
2021, is amended to read as follows:
c. If the nonpublic school designated for attendance of
a pupil is located outside the boundary line of the school
district of the pupil’s residence and the district of residence
meets the requirements of subsections 14 to 16 of this section ,
15, and this subsection by using subsection 17 , paragraph
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“c” , of this section and the district in which the nonpublic
school is located is contiguous to the district of the pupil’s
residence and is willing to provide transportation under
subsection 17 , paragraph “a” or “b” , of this section , the
district in which the nonpublic school is located may provide
transportation services, subject to section 285.9, subsection
3 , and may make the claim for reimbursement under section
285.2 . The district in which the nonpublic school is located
shall notify the district of the pupil’s residence that it
is making the claim for reimbursement, and the district of
the pupil’s residence shall be relieved of the requirement
for providing transportation and shall not make a claim for
reimbursement for those nonpublic school pupils for which a
claim is filed by the district in which the nonpublic school
is located.
Sec. 153. Section 285.1, subsection 17, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
The public school district may meet the requirements of
subsections 14 to through 16 by any of the following:
Sec. 154. Section 294.11, Code 2021, is amended to read as
follows:
294.11 Termination resolution adopted.
Any The board of directors of any school district which has
in operation the pension and annuity retirement system created
pursuant to sections 294.8 to through 294.10 may terminate such
the system by the adoption by the board of directors of such
district, of adopting a resolution declaring such the system
terminated as of a date specified therein in the resolution .
Sec. 155. Section 296.4, Code 2021, is amended to read as
follows:
296.4 Notice —— ballots.
Notice of the election shall be given by the county
commissioner of elections by publication in accordance with
section 49.53 . The county commissioner of elections shall
conduct the election pursuant to the provisions of chapters
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39 to through 53 and certify the results to the board of
directors.
Sec. 156. Section 306.19, subsection 4, Code 2021, is
amended to read as follows:
4. Proceedings for the condemnation of land for any
highway shall be under the provisions of chapter 6A and
chapter 6B . Provided that, in the condemnation of right-of-way
for secondary roads that is contiguous to existing road
right-of-way for the maintenance, safety improvement,
or upgrade of the existing secondary road, the board of
supervisors may proceed as provided in sections 306.28 to
through 306.37 .
Sec. 157. Section 306.22, subsection 2, paragraph g, Code
2021, is amended to read as follows:
g. Any tract of land sold on contract shall be listed on the
tax rolls by and taxed to the contract purchaser, as provided
in chapters 428 and 443 ; assessed and valued as provided
in chapter 441 ; taxes levied as provided in chapter 444 ;
collected as provided in chapter 445 ; and subject to tax sale,
redemption, and apportionment of taxes as provided in chapters
446 to through 449 . The contract purchaser shall discharge and
pay all taxes.
Sec. 158. Section 306.27, Code 2021, is amended to read as
follows:
306.27 Changes for safety, economy, and utility.
The state department of transportation as to primary roads
and the boards of supervisors as to secondary roads on their
own motion may change the course of any part of any road or
stream, watercourse, or dry run and may pond water in order
to avoid the construction and maintenance of bridges, or to
avoid grades, or railroad crossings, or to straighten a road,
or to cut off dangerous corners, turns , or intersections on
the highway, or to widen a road above statutory width, or
for the purpose of preventing the encroachment of a stream,
watercourse, or dry run upon the highway. The department and
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the board of supervisors shall conduct their proceedings in
the manner and form prescribed in chapter 6B , except that the
board of supervisors may use the form prescribed in sections
306.28 to through 306.37 for the condemnation of right-of-way
that is contiguous to existing road right-of-way and necessary
for the maintenance, safety improvement, or upgrade of the
existing secondary road. Changes are subject to chapter 455B
and chapter 459, subchapters II and III .
Sec. 159. Section 309.25, Code 2021, is amended to read as
follows:
309.25 Material considerations for farm-to-market roads.
In planning and in adopting said the secondary road program
or project by the board of supervisors, said the board and
the county engineer shall give due and careful consideration,
to the location of primary roads, and of roads heretofore
previously improved as county roads, to the market centers
and main roads leading thereto, and to rural mail and school
bus routes , it being . It is the intent of this chapter that
said the secondary road program or project will, when finally
executed, afford the highest possible systematic, intracounty
and intercounty connections of all roads of the county.
Sec. 160. Section 309.26, Code 2021, is amended to read as
follows:
309.26 Provisional selection of roads.
The board after due consultation with the county engineer,
shall first select in a provisional way the roads which they
then consider advisable to embrace in said the secondary road
program , and . The board shall direct said the county engineer
to make a reconnaissance survey and estimate of all said of the
roads selected , or of such part thereof of the roads as, in
view of the public necessity and convenience, present the most
urgent need and necessity for early construction.
Sec. 161. Section 311.9, Code 2021, is amended to read as
follows:
311.9 Publicly owned real estate.
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In making said the apportionment under section 311.8 ,
real estate owned by the state, county , or any city, shall
be treated as other real estate, but no other publicly owned
real estate shall be included. In apportioning benefits to
real estate owned by a city, the county , or the state, no
consideration shall not be given to the buildings thereon
located on that real estate .
Sec. 162. Section 311.15, Code 2021, is amended to read as
follows:
311.15 Hearing —— adjournment —— order.
1. Hearings on the proposed establishment of said a
secondary road assessment district may be adjourned from time
to time without loss of jurisdiction by the board. On final
hearing the board shall proceed to a determination of said
the matters raised in the proposal . It The board may reject,
approve, or modify and approve said proposal. The board may
exclude lands from the district or may add lands thereto or
otherwise modify the proposal.
2. Should If the proposal be is approved in whole or in
part, the board shall establish such the district. The order
of the board establishing such the district shall state the
road or roads to be improved, the type of improvement, and the
lands included in said the district. Said The order shall
be final . No and lands shall thereafter not be added to or
excluded from said the district after the order is entered by
the board .
Sec. 163. Section 311.17, subsection 1, Code 2021, is
amended to read as follows:
1. If an owner , other than the state or a county or city,
of any tracts of land on which the assessment is more than
five hundred dollars , shall, files a written agreement in
the office of the county auditor within twenty days from the
date of the assessment, agree in writing filed in the office
of the county auditor, that , in consideration of the owner
having the right to pay the assessment in installments, the
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owner will not make any objection of illegality or irregularity
as to the assessment upon the real estate , and will pay the
assessment plus interest, the assessment shall be payable in
ten equal installments. The first installment shall be payable
on the date of the agreement. The other installments shall be
paid annually at the same time and in the same manner as the
September semiannual payment of ordinary taxes with interest
accruing as provided in section 384.65, subsection 3 . The
rate of interest shall be as established by the board, but not
exceeding that permitted by chapter 74A .
Sec. 164. Section 320.6, Code 2021, is amended to read as
follows:
320.6 Conditions —— damages.
1. Such mains Mains , pipes, and cattleways shall be so
erected and maintained as under this chapter shall not to
interfere with public travel or with the future improvement
of the highway. The owner of such the mains, pipes, and
cattleways shall be responsible for all damages arising from
the laying, maintenance maintaining , or erection of erecting
the same mains, pipes, or cattleways or from the same mains,
pipes, or cattleways not being kept in a proper state of
repair.
2. The location of such mains or pipes shall may be changed,
on reasonable notice, when such change shall be is necessary in
due to the improvement or maintenance of the highway.
Sec. 165. Section 321.57, subsection 4, Code 2021, is
amended to read as follows:
4. The provisions of this section and sections 321.58
to through 321.62 shall not apply to any vehicles offered
for hire, work or service vehicles owned by a transporter or
dealer.
Sec. 166. Section 321.236, subsection 1, paragraphs c and d,
Code 2021, are amended to read as follows:
c. (1) If the local authority regulating the standing
or parking of vehicles under this subsection is located in a
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county where the renewal of registration of a vehicle shall be
refused for unpaid restitution under section 321.40 , the simple
notice of fine under paragraph “b” shall contain the following
statement:
Failure to pay restitution owed by you can be grounds for
refusing to renew your motor vehicle’s registration.
(2) This paragraph “c” does not invalidate forms for notice
of parking violations in existence prior to July 1, 1980.
Existing forms may be used until supplies are exhausted.
d. (1) If the local authority regulating the standing or
parking of vehicles under this subsection is a county or is a
city which has an agreement with a county treasurer by which
the renewal of registration of a vehicle shall be refused for
uncontested and unpaid parking fines under section 321.40 , the
simple notice of a fine under paragraph “b” shall contain the
following statement:
Failure to pay parking fines owed by you can be grounds for
refusing to renew your motor vehicle’s registration.
(2) This paragraph “d” does not invalidate forms for notice
of parking violations in existence prior to July 1, 2007.
Existing forms may be used until supplies are exhausted.
Sec. 167. Section 321.236, subsection 8, Code 2021, is
amended to read as follows:
8. Restricting the use of highways as authorized in sections
321.471 to through 321.473 .
Sec. 168. Section 321.266, subsection 3, Code 2021, is
amended to read as follows:
3. Every law enforcement officer who, in the regular course
of duty, investigates a motor vehicle accident of which report
must be made as required in subsections 1 to 3 of this section
and 2 , either at the time of and at the scene of the accident
or thereafter by interviewing participants or witnesses shall,
within twenty-four hours after completing such investigation,
forward a written report of such accident to the department.
Sec. 169. Section 321.291, Code 2021, is amended to read as
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follows:
321.291 Information or notice.
In every charge of violation of section 321.285 the
information citation or complaint , and also the notice to
appear, shall specify the speed at which the defendant is
alleged to have driven and the speed limit applicable within
the district or at the location.
Sec. 170. Section 321.314, Code 2021, is amended to read as
follows:
321.314 When signal required.
No person shall turn a vehicle from a direct course upon
a highway unless and until such movement can be made with
reasonable safety and then only after giving a clearly audible
signal by sounding the horn if any pedestrian may be affected
by such movement or after giving an appropriate signal in
the manner hereinafter provided in sections 321.315 through
321.318 in the event any other vehicle may be affected by such
movement.
Sec. 171. Section 321.316, Code 2021, is amended to read as
follows:
321.316 Stopping.
No A person shall not stop or suddenly decrease the speed
of a vehicle without first giving an appropriate signal in the
manner provided herein in sections 321.314, 321.315, 321.317,
and 321.318 to the driver of any vehicle immediately to the
rear when there is opportunity to give such signal.
Sec. 172. Section 321.318, unnumbered paragraph 1, Code
2021, is amended to read as follows:
All signals herein required under this chapter which may be
given by hand and arm shall when so given be given from the left
side of the vehicle and the following manner and interpretation
thereof is suggested:
Sec. 173. Section 321.359, Code 2021, is amended to read as
follows:
321.359 Moving other vehicle.
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No A person shall not move a vehicle not owned by such that
person into any such prohibited area described in section
321.358 or away to a place that is an unlawful distance from a
curb such distance as is unlawful .
Sec. 174. Section 321.398, Code 2021, is amended to read as
follows:
321.398 Lamps on other vehicles and equipment.
All vehicles, including animal-drawn vehicles and including
those referred to in section 321.383 not hereinbefore
specifically required to be equipped with lamps, shall at the
times specified in section 321.384 be equipped with at least
one lighted lamp or lantern exhibiting a white light visible
from a distance of five hundred feet to the front of such
vehicle and, except for animal-drawn vehicles, with a lamp
or lantern exhibiting a red light visible from a distance of
five hundred feet to the rear. Animal-drawn vehicles shall be
equipped with a flashing amber light visible from a distance
of five hundred feet to the rear of the vehicle during the time
specified in section 321.384 .
Sec. 175. Section 321.409, subsection 1, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
Except as hereinafter otherwise provided in this chapter ,
the headlamps or the auxiliary driving lamp or the auxiliary
passing lamp or combination thereof on motor vehicles other
than motorcycles or motorized bicycles shall be so arranged
that the driver may select at will between distributions
of light projected to different elevations and the lamps
may, in addition, be so arranged that selection can be made
automatically, subject to the following limitations:
Sec. 176. Section 321.420, Code 2021, is amended to read as
follows:
321.420 Number of lamps lighted.
Whenever a motor vehicle equipped with headlamps as herein
required in this chapter is also equipped with any auxiliary
lamps or a spot lamp or any other lamp on the front thereof
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projecting a beam of an intensity greater than three hundred
candlepower, not more than a total of four of any such lamps on
the front of a vehicle shall be lighted at any one time when
upon a highway.
Sec. 177. Section 321.501, unnumbered paragraph 1, Code
2021, is amended to read as follows:
Plaintiff The plaintiff in any such action against a
nonresident shall cause the original notice of suit to be
served as follows:
Sec. 178. Section 321.507, Code 2021, is amended to read as
follows:
321.507 Venue of actions.
Actions against nonresidents as contemplated by this law
sections 321.498, 321.500 through 321.502, 321.504 through
321.506, and 321.508 through 321.512 may be brought in the
county of which plaintiff is a resident, or in the county in
which the injury was received, or damage done.
Sec. 179. Section 321A.2, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. The department shall administer and enforce the
provisions of this chapter and may make rules necessary for its
administration and shall provide for hearings upon request of
persons aggrieved by orders or acts of the department under the
provisions of sections 321A.4 to through 321A.11 .
Sec. 180. Section 321A.10, Code 2021, is amended to read as
follows:
321A.10 Custody, disposition, and return of security.
1. Security deposited in compliance with the requirements
of sections 321A.4 through 321A.9 , this section , and section
321A.11 shall be placed by the department in the custody of the
state treasurer and shall be applicable only to the payment of
a judgment or judgments rendered against the person or persons
on whose behalf the deposit was made, for damages arising
out of the accident in question in an action at law, begun
not later than one year after the date of such accident, or
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within one year after the date of deposit of any security under
section 321A.7, subsection 3 , and such .
2. The deposit or any balance thereof of the deposit shall
be returned to the depositor or the depositor’s personal
representative when evidence satisfactory to the department has
been filed with the department that there one of the following
has occurred:
a. There has been a release from liability, or a final
adjudication of nonliability, or a warrant for confession of
judgment, or a duly acknowledged agreement, in accordance with
section 321A.6, subsection 4 , or whenever, .
b. Whenever, after the expiration of one year from the
date of the accident, or within one year after the date of
deposit of any security under section 321A.7, subsection 3 , the
department shall be is given reasonable evidence that there is
no such action for damages arising out of the accident pending
and no judgment rendered in any such action has been left
unpaid.
Sec. 181. Section 321A.23, subsection 1, Code 2021, is
amended to read as follows:
1. This chapter shall not be held to apply to or affect
policies of automobile insurance against liability which
may now or hereafter be required by any other law of this
state, and such policies, if they contain an agreement or are
endorsed to conform with the requirements of this chapter , may
be certified as proof of financial responsibility under this
chapter .
Sec. 182. Section 321A.30, Code 2021, is amended to read as
follows:
321A.30 Rights not affected.
This chapter shall not prevent the owner of a motor vehicle,
the registration of which has been suspended hereunder under
this chapter , from effecting a bona fide sale of such motor
vehicle to another person whose rights or privileges are not
suspended under this chapter nor prevent the registration of
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such motor vehicle by such transferee. This chapter shall not
in any way affect the rights of any secured party or lessor of
a motor vehicle registered in the name of another as owner who
becomes subject to the provisions of this chapter .
Sec. 183. Section 321J.10, subsection 8, Code 2021, is
amended to read as follows:
8. Subsections 1 to through 7 of this section do not apply
where a test may be administered under section 321J.7 .
Sec. 184. Section 321J.12, subsection 2, Code 2021, is
amended to read as follows:
2. The department shall require the defendant to install
an ignition interlock device of a type approved by the
commissioner of public safety on all vehicles owned or operated
by the defendant if the defendant seeks a temporary restricted
license. A temporary restricted license shall not be granted
by the department until the defendant installs the ignition
interlock device.
Sec. 185. Section 321J.20, subsection 5, Code 2021, is
amended to read as follows:
5. A person holding a temporary restricted license issued
by the department under this chapter shall be prohibited from
operating a school bus.
Sec. 186. Section 323A.2, subsection 1, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
The orderly flow of an adequate supply of motor fuel is
declared to be essential to the economy and to the welfare of
the people of this state. Therefore, in the public interest
and notwithstanding the terms, provisions, or conditions of
any franchise, a franchisee unable to obtain motor fuel from
the franchisor may purchase the fuel from another available
source, subject to subsections 2 to through 5 and provided the
franchisee has done all of the following:
Sec. 187. Section 327C.21, Code 2021, is amended to read as
follows:
327C.21 Costs —— attorney’s fees.
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When a decree shall be is entered against a railroad
corporation or person under sections 327C.16 to through
327C.20 , the court shall render judgment for costs, and
attorney’s fees for counsel representing the state.
Sec. 188. Section 327D.40, Code 2021, is amended to read as
follows:
327D.40 Authorization.
Sections 327D.1 to through 327D.29 of this chapter shall
not be construed to prohibit the making of rates by two or
more railway companies for the transportation of property over
two or more of their respective lines within the state; and a
less lower charge by each of said companies for its portion
of such joint shipment than it charges for a shipment for the
same distance wholly over its own line within the state shall
not be considered a violation of said this chapter, and shall
not render such company liable subject to any of the penalties
thereof of this chapter .
Sec. 189. Section 327D.131, Code 2021, is amended to read
as follows:
327D.131 Prima facie evidence.
Certificates mentioned in sections 327D.127 to through
327D.130, this section, and section 327D.132 shall be prima
facie evidence of the facts therein recited in the certificates
in any action arising between consignors and consignees and
common carriers.
Sec. 190. Section 327D.132, Code 2021, is amended to read
as follows:
327D.132 Violation —— penalty.
Any common carrier operating in this state violating any
of the provisions of sections 327D.127 to through 327D.131 by
neglecting or refusing to weigh cars or to furnish certificates
of weights as therein provided in those sections shall, upon
conviction, be subject to a schedule “one” penalty.
Sec. 191. Section 327D.190, Code 2021, is amended to read
as follows:
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327D.190 Damages by fire.
Any corporation operating a railway shall be liable for
all damages sustained by any person on account of loss of or
injury to the person’s property occasioned by fire set out or
caused by the operation of such railway. Such damages may
be recovered by the party injured in the manner set out in
sections 327G.6 to through 327G.8 and to the same extent, save
as to double damages.
Sec. 192. Section 327G.68, Code 2021, is amended to read as
follows:
327G.68 Failure of company to act.
In case of failure, neglect, or refusal of any railroad
company to comply with any of the provisions of sections
327G.65 to through 327G.67 , the person, firm, corporation, or
association primarily to be served thereby may file a complaint
with the department setting forth the facts upon which such
grievance is based. The said department after reasonable
notice to the railroad company shall investigate and determine
all matters in controversy and make such order as the facts
in relation thereto will warrant. Any such order shall have
the same force and effect as other orders made by said the
department in other proceedings within its jurisdiction and
shall be enforced in the same manner.
Sec. 193. Section 329.6, Code 2021, is amended to read as
follows:
329.6 Zoning powers.
1. If any municipality owning or controlling an airport
adjacent to which there is an airport hazard area shall fail
or refuse, within sixty days after demand made upon it by
the department, to adopt reasonably adequate airport zoning
regulations under section 329.3 , or to proceed as provided in
section 329.4 , the department may petition the district court
of the county in which such airport hazard area, or any part
thereof, is located, in the name of the state, praying that
zoning regulations be established for the airport hazard area
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in question, and the provisions of section 329.4, subsections 3
to through 9 , shall apply to such actions provided, however,
that such municipality shall be joined as a party defendant in
any such action.
2. The department may maintain actions in equity to restrain
and abate as nuisances the creation or establishment of airport
hazards appertaining to any airport within the state, in
violation of any zoning regulations adopted or established
pursuant to the provisions of this chapter .
Sec. 194. Section 331.303, subsection 6, Code 2021, is
amended to read as follows:
6. Adopt rules relating to the labor of prisoners in the
county jail in accordance with sections 356.16 to through
356.19 , and may establish the cost of board and provide for the
transportation of certain prisoners in accordance with section
356.30 .
Sec. 195. Section 331.321, subsection 1, paragraphs i and r,
Code 2021, are amended to read as follows:
i. One or more county engineers in accordance with sections
309.17 to through 309.19 .
r. A county zoning commission, an administrative officer,
and a board of adjustment in accordance with sections 335.8 to
through 335.11 , if the board adopts county zoning under chapter
335 .
Sec. 196. Section 331.323, subsection 2, paragraph a, Code
2021, is amended to read as follows:
a. Require additional security on an officer’s bond, in
accordance with sections 65.2 and 65.3 , or hear a petition of
the surety for release and require a new bond, in accordance
with sections 65.4 to through 65.8 .
Sec. 197. Section 331.324, subsection 1, paragraph b, Code
2021, is amended to read as follows:
b. Grant claims for mileage and expenses of officers and
employees in accordance with sections 70A.9 to through 70A.13
and section 331.215, subsection 2 .
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Sec. 198. Section 331.341, subsection 3, Code 2021, is
amended to read as follows:
3. Contracts for improvements which may be paid for from
the secondary road fund shall be awarded in accordance with
sections 309.40 to through 309.41, 309.43 , 310.14 , 314.1 ,
314.2 , and other applicable state law.
Sec. 199. Section 331.362, subsections 8 and 9, Code 2021,
are amended to read as follows:
8. The board shall proceed upon a petition to construct a
sidewalk in accordance with sections 320.1 to through 320.3 .
The board may grant permission to lay gas and water mains,
construct and maintain cattleways, or construct sidewalks
in connection with the secondary roads, in accordance with
sections 320.4 to through 320.8 .
9. A county may regulate traffic on and use of the secondary
roads, in accordance with sections 321.236 to through 321.239,
321.241, 321.247 through 321.250, 321.254 , 321.255 , 321.285,
subsection 4 , sections 321.352 , 321.471 to through 321.473 , and
other applicable provisions of chapter 321 , chapter 321E , and
sections 321G.9 , 321I.10 , and 327G.15 .
Sec. 200. Section 331.381, subsections 4 and 14, Code 2021,
are amended to read as follows:
4. Comply with chapter 222 , including but not limited to
sections 222.13 , 222.14 , and 222.59 to through 222.70, 222.73
through 222.75, and 222.77 through 222.82, in regard to the
care of persons with an intellectual disability.
14. Proceed in response to a petition to establish a county
library district in accordance with sections 336.2 to through
336.5 , or a petition to provide library service by contract or
to terminate the service under section 336.18 .
Sec. 201. Section 331.382, subsection 1, paragraphs b and i,
Code 2021, are amended to read as follows:
b. Establishment of a water recreational area as provided in
sections 461A.59 to through 461A.78 .
i. Establishment of an airport commission as provided in
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sections 330.17 to through 330.20 .
Sec. 202. Section 331.401, subsection 1, paragraphs b, k,
and m, Code 2021, are amended to read as follows:
b. Establish budgets for the farm-to-market road fund and
the secondary road fund in accordance with sections 309.10 and
309.93 to through 309.97 .
k. Levy taxes as certified to it by tax-certifying bodies
in the county, in accordance with the statutes authorizing the
levies and in accordance with chapter 24 , and sections 444.1 to
through 444.4, and sections 444.6 through 444.8, and levy taxes
as required in chapters 433 , 434 , 437 , and 438 .
m. Apportion taxes upon receipt of a petition, in accordance
with sections 449.1A to through 449.3 .
Sec. 203. Section 331.402, subsection 1, Code 2021, is
amended to read as follows:
1. The payment of county obligations by anticipatory
warrants is subject to chapters 74 and 74A and other applicable
state law. Anticipatory warrants drawn on the secondary road
fund are also subject to sections 309.46 to through 309.55 .
Sec. 204. Section 331.502, subsections 10, 19, and 28, Code
2021, are amended to read as follows:
10. Carry out duties relating to the determination of
residency, collection of funds due the county, and support of
persons with an intellectual disability as provided in sections
222.13 , 222.50 , 222.61 to through 222.66 , 222.69 , and 222.74 .
19. Carry out duties relating to the establishment,
alteration, and vacation of public highways as provided in
sections 306.21 , 306.25 , 306.29 to 306.31 , 306.30 , 306.37 , and
306.40 .
28. Carry out duties relating to the establishment and
management of levee and drainage districts as provided in
chapter 468, subchapter I, parts 1 to through 5 , chapter 468,
subchapter II, parts 1, 3, and 6 , and chapter 468, subchapters
III and V .
Sec. 205. Section 331.512, subsections 2, 6, 7, and 10, Code
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2021, are amended to read as follows:
2. Carry out duties relating to tax sales of property within
special charter cities as provided in sections 420.220 to
through 420.229 .
6. Carry out duties relating to the preparation of the tax
list as provided in sections 428.4 , 441.17 , 441.21 , 443.2 to
through 443.4, 443.6 through 443.9, and 443.21 .
7. Carry out duties relating to the valuation and taxation
of telegraph and telephone companies as provided in sections
433.8 to through 433.10 including mapping requirements as
provided in sections 433.14 and 433.15 .
10. Carry out duties relating to the valuation and taxation
of pipeline companies as provided in sections 438.14 to through
438.16 .
Sec. 206. Section 331.552, subsections 5, 13, 19, and 25,
Code 2021, are amended to read as follows:
5. Account for, report, and pay into the state treasury any
money, property, or securities received on behalf of the state
as provided in sections 8A.506 to through 8A.508 .
13. Make transfer payments to the state for school expenses
for blind and deaf and hard-of-hearing children and support of
persons with mental illness as provided in sections 230.21 , and
269.2 , and 270.7 .
19. Carry out duties relating to the sale and redemption of
anticipatory certificates for secondary road construction as
provided in sections 309.50 to through 309.55 .
25. Carry out duties relating to the funding of drainage
districts as provided in chapter 468, subchapter I, parts 1
to through 5 , chapter 468, subchapter II, parts 1, 5, and 6 ,
chapter 468, subchapter III , and chapter 468, subchapter IV,
parts 1 and 2 .
Sec. 207. Section 331.554, subsection 5, paragraph b, Code
2021, is amended to read as follows:
b. In lieu of the requirements and procedures specified
in sections 74.1 , 74.2 , and 74.3 , when warrants other than
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anticipatory warrants are presented for payment and not paid
for want of funds or are only partially paid, the treasurer
may issue a warrant order for an amount equal to the unpaid
warrants drawn on a fund. The warrant order shall be dated
and include the fund name, amount, and the rate of interest
established under section 74A.6 . The warrant order shall be
endorsed by the treasurer, “not paid for want of funds”, and
include the treasurer’s signature. The treasurer shall keep
a list of all warrants comprising a warrant order and shall
submit a duplicate copy of the warrant order to the auditor.
The procedures of sections 74.4 to through 74.7 apply to
warrant orders.
Sec. 208. Section 331.557, subsections 1 and 2, Code 2021,
are amended to read as follows:
1. Issue, renew, and replace lost or damaged vehicle
registration cards or plates and issue and transfer
certificates of title for vehicles as provided in sections
321.17 to through 321.20B, 321.22 through 321.26, 321.28
through 321.32, 321.34, 321.35, and 321.37 through 321.52.
2. Collect, pay to the state, or refund registration fees
as provided in sections 321.105 to through 321.106, 321.109
through 321.113, 321.115 through 321.117, 321.119 through
321.135, 321.145, and 321.148 through 321.156.
Sec. 209. Section 331.559, subsection 1, Code 2021, is
amended to read as follows:
1. Determine and collect taxes on mobile homes and
manufactured homes as provided in sections 435.22 to through
435.26 .
Sec. 210. Section 331.602, subsection 29, Code 2021, is
amended to read as follows:
29. Record the name and description of a farm as provided in
sections 557.22 to through 557.26 .
Sec. 211. Section 331.653, subsections 30 and 32, Code 2021,
are amended to read as follows:
30. Collect unpaid motor vehicle fees and penalties as
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provided in sections 321.133 to through 321.135 .
32. Enforce sections 321.372 to through 321.379 relating to
school buses.
Sec. 212. Section 335.12, Code 2021, is amended to read as
follows:
335.12 Rules.
The board of adjustment shall adopt rules in accordance with
the provisions of any regulation or ordinance adopted pursuant
to this chapter . Meetings of the board of adjustment shall be
held at the call of the chairperson and at such other times
as the board may determine. Such The chairperson, or in the
chairperson’s absence, the acting chairperson, may administer
oaths and compel the attendance of witnesses. All meetings of
the board shall be open to the public. The board shall keep
minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other
official actions, all of which shall be immediately filed in
the office of the board and shall be a public record.
Sec. 213. Section 335.16, Code 2021, is amended to read as
follows:
335.16 Decision.
In exercising the above mentioned powers such in section
335.15, the board of adjustment may, in conformity with
the provisions of this chapter , reverse or affirm, wholly
or partly, or may modify the order, requirement, decision,
or determination appealed from and may make such order,
requirement, decision, or determination as ought to be made,
and to that end shall have all the powers of the officer from
whom the appeal is taken.
Sec. 214. Section 335.17, Code 2021, is amended to read as
follows:
335.17 Vote required.
The concurring vote of three members of the board
of adjustment shall be necessary to reverse any order,
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requirement, decision, or determination of any such an
administrative official, or to decide in favor of the applicant
on any matter upon which it the board is required to pass under
any such an ordinance or to effect any variation in such an
ordinance.
Sec. 215. Section 335.19, Code 2021, is amended to read as
follows:
335.19 Review by court.
Upon the presentation of such petition, the court may allow
a writ of certiorari directed to the board of adjustment to
review such the decision of the board of adjustment and shall
prescribe therein within the writ the time within which a
return thereto must be made and served upon the relator’s
attorney, which shall not be less than ten days and may be
extended by the court. The allowance of the writ shall not
stay proceedings upon the decision appealed from, but the court
may, on application, on notice to the board and on due cause
shown, grant a restraining order.
Sec. 216. Section 335.20, Code 2021, is amended to read as
follows:
335.20 Record advanced.
The board of adjustment shall not be required to return the
original papers acted upon by it the board , but it shall be
sufficient to return certified or sworn copies thereof of the
originals or of such portions hereof of the originals as may be
called for by such the writ under section 335.19 . The return
shall concisely set forth such other facts as may be pertinent
and material to show the grounds of the decision appealed from
and shall be verified.
Sec. 217. Section 335.21, subsection 2, Code 2021, is
amended to read as follows:
2. Costs shall not be allowed against the board of
adjustment unless it shall appear appears to the court that
the board acted with gross negligence or in bad faith or with
malice in making the decision appealed from.
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Sec. 218. Section 335.27, Code 2021, is amended to read as
follows:
335.27 Agricultural land preservation ordinance.
If a county adopts an agricultural land preservation
ordinance under this chapter which subjects farmland to
the same use restrictions provided in section 352.6 for
agricultural areas, then section 6B.3, subsection 1 , paragraph
“f” , and sections 352.10 to through 352.12 shall apply to farms
and farm operations which are subject to the agricultural land
preservation ordinance.
Sec. 219. Section 335.30, subsection 1, Code 2021, is
amended to read as follows:
1. A county shall not adopt or enforce zoning regulations or
other ordinances which disallow the plans and specifications of
a proposed residential structure solely because the proposed
structure is a manufactured home. However, a zoning ordinance
or regulation shall require that a manufactured home be located
and installed according to the same standards, including but
not limited to , a permanent foundation system, set-back, and
minimum square footage , which would apply to a site-built,
single family dwelling on the same lot, and shall require
that the home is assessed and taxed as a site-built dwelling.
A zoning ordinance or other regulation shall not require a
perimeter foundation system for a manufactured home which is
incompatible with the structural design of the manufactured
home structure. A county shall not require more than one
permanent foundation system for a manufactured home. For
purposes of this section , a permanent foundation may be a
pier footing foundation system designed and constructed to be
compatible with the structure and the conditions of the site.
When units are located outside a manufactured home community
or mobile home park, requirements may be imposed which ensure
visual compatibility of the permanent foundation system
with surrounding residential structures. As used in this
section , “manufactured home” means a factory-built structure,
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which is manufactured or constructed under the authority of 42
U.S.C. §5403 and is to be used as a place for human habitation,
but which is not constructed or equipped with a permanent hitch
or other device allowing it to be moved other than for the
purpose of moving to a permanent site, and which does not have
permanently attached to its body or frame any wheels or axles.
This section shall not be construed as abrogating a recorded
restrictive covenant.
Sec. 220. Section 349.10, Code 2021, is amended to read as
follows:
349.10 New date fixed if all rejected.
If all certified statements are rejected under the
provisions of section 349.9 , the board shall fix a new date
for the selection of official newspapers and nothing herein in
this chapter shall be construed to prevent the applicants so
rejected from filing new certified statements.
Sec. 221. Section 356.15, subsection 1, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
All charges and expenses for the safekeeping and maintenance
of prisoners shall be allowed by the board of supervisors,
with the exception of charges and expenses for the following
prisoners:
Sec. 222. Section 356.28, Code 2021, is amended to read as
follows:
356.28 Employment.
The sheriff or any suitable person or agency designated by
the court may endeavor to secure employment for unemployed
prisoners granted privileges under sections 356.26 to through
356.35 .
Sec. 223. Section 356.30, Code 2021, is amended to read as
follows:
356.30 Prisoner to pay for board —— limitations.
Every prisoner of a county jail under a sentence to
accommodate the person’s work schedule in accordance with
section 356.26 is liable for the cost of the prisoner’s board
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in the jail as fixed by the county board of supervisors. The
sheriff shall charge the prisoner’s account for the board and
any meals provided in section 356.31 . If the prisoner is
gainfully self-employed the prisoner shall pay the sheriff for
the board, in default of which the prisoner’s privilege under
this chapter is automatically forfeited. If necessarily absent
from jail at a meal time, the prisoner shall at the prisoner’s
request be furnished with a lunch to carry to work. If the
jail food is furnished directly, by the county, the sheriff
shall account for and pay over the meal payments to the county
treasurer. The county board of supervisors may by resolution
provide that the county furnish or pay for the transportation
of prisoners employed under sections 356.26 to through 356.35
to and from the place of employment. However, the charges
for board and meals under this section shall not exceed
fifty percent of the wages or salaries of the prisoner, after
deductions required by law, including deductions to satisfy
any court-ordered child support obligations, earned during the
period of time for which the charges are made.
Sec. 224. Section 356.33, subsection 1, Code 2021, is
amended to read as follows:
1. District judges, district associate judges, and judicial
magistrates, within their respective jurisdictional authority,
may make all determinations and orders under sections 356.26
to through 356.35 .
Sec. 225. Section 356A.4, Code 2021, is amended to read as
follows:
356A.4 Work release.
A person detained, committed, or transferred to a facility
established and maintained pursuant to section 356A.1 or
356A.2 , may further be released from such facility during
necessary and reasonable hours, by court order, for the
purposes stated in section 356.26 . Such release and any wages
earned shall be governed by the provisions of sections 356.27
to through 356.35 except that during such time the released
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person shall not be in the legal custody of the sheriff; any
wages earned shall be collected, managed, and dispensed by the
person in charge of the facility and not the sheriff; and any
wages earned shall first be applied to the reasonable cost of
housing such person in the facility.
Sec. 226. Section 357.5, Code 2021, is amended to read as
follows:
357.5 Decision at hearing.
On the day fixed for such hearing under section 357.4 ,
the board of supervisors shall by resolution establish the
benefited water district or disallow the petition. For
adequate reasons , the board of supervisors may defer action
on such the petition for not to exceed ten days after the day
first set for a hearing.
Sec. 227. Section 357.8, Code 2021, is amended to read as
follows:
357.8 Plat.
The said engineer appointed under section 357.6 shall
prepare a preliminary plat showing the proper design in general
outline, the size and location of the water mains, the general
location of hydrants, if such hydrants are included in said the
petition, valves , and other appurtenances, and shall show the
lots and parcels of land within the proposed district as they
appear on the county auditor’s plat books, together with the
names of the owners and the amount which it is estimated that
such each lot or parcel will be assessed.
Sec. 228. Section 357.14, subsection 1, Code 2021, is
amended to read as follows:
1. If the result of said majority of votes cast at the
election be are in favor of said the improvement, the board of
supervisors shall instruct the engineer to complete the plans
and specifications, ready for receiving bids for construction
of the project , which the . The engineer shall do complete the
plans and specifications within thirty days of receiving notice
to do so, unless for adequate reason the board shall extend
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extends the time.
Sec. 229. Section 357.24, Code 2021, is amended to read as
follows:
357.24 Fee of engineer.
The fee for engineering services shall be fixed by the board
of supervisors and the engineer may be paid either a percentage
or a per diem , from proceeds of the bond sale or by cash from
the contractor, if the contractor takes bonds in settlement for
the contractor’s work under the contract.
Sec. 230. Section 357.26, Code 2021, is amended to read as
follows:
357.26 Duties of trustees.
It is anticipated that this chapter will usually be utilized
to finance a distribution system where the source of supply
is without the district, and not under its control, and that
individuals within the district will pay water rent to a
municipality or corporation without the district. It is
intended that the trustees may so operate the utility as will
best serve the users, and they are expressly authorized to buy
and sell water, to fix the rates to consumers and make all
contracts reasonable or necessary to accomplish the purpose of
this chapter and to carry on all the operations incident to
maintaining and operating said utility and to the procuring and
furnishing of water to the consumers therein in the district .
If the development of a source of supply is within the means of
the district, the trustees may install wells, tanks, meters ,
and any other equipment properly pertaining to operate it the
utility .
Sec. 231. Section 359.31, Code 2021, is amended to read as
follows:
359.31 Power and control.
Township trustees shall control any such cemeteries, or
appoint trustees for the same cemeteries , or sell the same
property to any private corporation for cemetery purposes.
Sec. 232. Section 359.45, Code 2021, is amended to read as
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follows:
359.45 Anticipatory bonds.
Townships may anticipate the collection of taxes authorized
by section 359.43 and for such purposes may direct the county
board of supervisors to issue bonds under sections 331.441 to
through 331.449 relating to essential county purpose bonds
except that the bonds are payable only from tax levies on
property subject to the levy under section 359.43 .
Sec. 233. Section 360.1, subsection 1, Code 2021, is amended
to read as follows:
1. The trustees, on a petition of a majority of the
resident freeholders of any civil township, shall request the
county commissioner of elections to submit the question of
building or acquiring by purchase, or acquiring by a lease with
purchase option, a public hall to the electors thereof. The
county commissioner shall conduct the election pursuant to the
applicable provisions of chapters 39 to through 53 and certify
the result to the trustees.
Sec. 234. Section 364.17, subsection 3, paragraph a,
subparagraph (3), Code 2021, is amended to read as follows:
(3) Authority for the issuance of citations pursuant
to sections 805.1 to through 805.5 upon a failure to
satisfactorily remedy a violation.
Sec. 235. Section 372.2, subsection 2, paragraph b, Code
2021, is amended to read as follows:
b. The council shall notify the county commissioner of
elections to publish notice of the election and conduct the
election pursuant to chapters 39 to through 53 . The county
commissioner of elections shall certify the results of the
election to the council.
Sec. 236. Section 384.54, subsection 13, Code 2021, is
amended to read as follows:
13. Corrections of assessments or valuations made by order
of the district court are conclusive and not subject to review
on appeal, or otherwise, except as provided in subsections 10
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to through 12 of this section . When court confirmation is
obtained there is no right of appeal under the provisions of
section 384.66 .
Sec. 237. Section 384.75, subsection 1, Code 2021, is
amended to read as follows:
1. Any provision of law, resolution, or ordinance
specifying a time when or the order in which acts must be done
in a proceeding which may result in a special assessment, is
subject to the qualifications of sections 384.72 to through
384.74 .
Sec. 238. Section 384.76, Code 2021, is amended to read as
follows:
384.76 Application to joint undertakings.
The provisions of this subchapter 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 subchapter , but any requirement of this subchapter
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 through 313.23 .
Sec. 239. Section 386.7, subsection 1, Code 2021, is amended
to read as follows:
1. Section 386.6, subsections 1 to through 5 , are applicable
to a self-liquidating improvement to the same extent as they
are applicable to an improvement and the proceedings initiating
a self-liquidating improvement shall be governed thereby.
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Sec. 240. Section 390.3, subsection 2, Code 2021, is amended
to read as follows:
2. However, in the performance of a joint agreement,
the governing body is not subject to statutes generally
applicable to public contracts, including hearings on
plans, specifications, form of contracts, costs, notice , and
competitive bidding required under chapter 26 and section
384.103 , unless all parties to the joint agreement are cities
located within the state of Iowa.
Sec. 241. Section 403.15, subsection 1, Code 2021, is
amended to read as follows:
1. There is hereby created in each municipality a public
body corporate and politic to be known as the “urban renewal
agency” of the municipality. An urban renewal agency shall not
transact any business or exercise its powers hereunder under
this chapter until or unless the local governing body has made
the finding prescribed in section 403.4 , and has elected to
have the urban renewal project powers exercised by an urban
renewal agency as provided in section 403.14 .
Sec. 242. Section 403.16, Code 2021, is amended to read as
follows:
403.16 Personal interest prohibited.
1. For purposes of this section:
a. “Action” does not include resolutions advisory to the
local governing body or agency by any citizens group, board,
body, or commission designated to serve a purely advisory
approving or recommending function under this chapter.
b. “Action affecting such property” includes only that
action directly and specifically affecting such property as
a separate property but shall not include any action, any
benefits of which accrue to the public generally, or which
affects all or a substantial portion of the properties included
or planned to be included in such a project.
c. “Participation” does not include discussion or debate
preliminary to a vote of a local governing body or agency upon
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proposed ordinances or resolutions relating to such a project
or any abstention from such a vote.
2. No A public official or employee of a municipality,
or board or commission thereof of a municipality , and no a
commissioner or employee of an urban renewal agency, which
has been vested by a municipality with urban renewal project
powers under section 403.14 , shall not voluntarily acquire any
personal interest , as described in this section , whether direct
or indirect, in any urban renewal project, or in any property
included or planned to be included in any urban renewal project
of such municipality, or in any contract or proposed contract
in connection with such urban renewal project. Where such
an acquisition is not voluntary, the interest acquired shall
be immediately disclosed in writing to the local governing
body, and such disclosure shall be entered upon the minutes of
the governing body. If any such official, commissioner, or
employee presently owns or controls, or has owned or controlled
within the preceding two years, any interest , as described
proscribed in this section , whether direct or indirect, in any
property which the official, commissioner, or employee knows is
included or planned to be included in an urban renewal project,
the official, commissioner, or employee shall immediately
disclose this fact in writing to the local governing body,
and such disclosure shall be entered upon the minutes of the
governing body ; and any . Any such official, commissioner, or
employee with an interest proscribed in this section shall not
participate in any action by the municipality, or board or
commission thereof of the municipality , or urban renewal agency
affecting such property, which is proscribed in this section .
For the purposes of this section the following definitions and
standards of construction shall apply:
1. “Action affecting such property” shall include only
that action directly and specifically affecting such property
as a separate property but shall not include any action, any
benefits of which accrue to the public generally, or which
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affects all or a substantial portion of the properties included
or planned to be included in such a project.
2. 3. Employment by a public body, its agencies, or
institutions or by any other person having such an interest
proscribed in this section shall not be deemed an interest
by such the employee or of any ownership or control by such
the employee of interests of the employee’s employer. Such
an employee may participate in an urban renewal project
so long as any benefits of such participation accrue to
the public generally, such participation affects all or a
substantial portion of the properties included or planned to
be included in such a project, or such participation promotes
the public purposes of such project, and shall limit only that
participation by an employee which directly or specifically
affects property in which an employer of an employee has an
interest.
3. The word “participation” shall be deemed not to include
discussion or debate preliminary to a vote of a local governing
body or agency upon proposed ordinances or resolutions relating
to such a project or any abstention from such a vote.
4. The designation of a bank or trust company as depository,
paying agent, or agent for investment of funds shall not be
deemed a matter of interest or personal interest proscribed by
this section .
5. Stock ownership in a corporation having such an interest
shall not be deemed an indicia of an interest , or of ownership
or control by the person owning such stocks , proscribed by this
section when less than five percent of the outstanding stock of
the corporation is owned or controlled directly or indirectly
by such person.
6. The word “action” shall not be deemed to include
resolutions advisory to the local governing body or agency by
any citizens group, board, body, or commission designated to
serve a purely advisory approving or recommending function
under this chapter .
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7. 6. The limitations of this section shall be construed to
permit action by a public official, commissioner, or employee
where any benefits of such an action accrue to the public
generally, such the action affects all or a substantial portion
of the properties included or planned to be included in such
a project, or such the action promotes the public purposes
of such project , and . The limitations of this section shall
be construed to limit only that action by a public official,
commissioner, or employee which directly or specifically
affects property in which such official, commissioner, or
employee has an interest or in which an employer of such
official, commissioner, or employee has an interest. Any
disclosure required to be made by this section to the local
governing body shall concurrently be made to an urban renewal
agency which has been vested with urban renewal project
powers by the municipality pursuant to the provisions of
section 403.14 . No A commissioner or other officer of any
urban renewal agency, board , or commission exercising powers
pursuant to this chapter shall not hold any other public office
under the municipality, other than the commissionership or
office with respect to such urban renewal agency, board , or
commission. Any violation of the provisions of this section
shall constitute misconduct in office, but no ordinance or
resolution of a municipality or agency shall not be invalid by
reason of a vote or votes cast in violation of the standards of
this section unless such the vote or votes were decisive in the
passage of such the ordinance or resolution.
Sec. 243. Section 414.2, Code 2021, is amended to read as
follows:
414.2 Districts.
For any or all of said the purposes of this chapter, the
local legislative body, hereinafter referred to as the council,
may divide the city into districts, including historical
preservation districts but only as provided in section
303.34 , of such number, shape, and area as may be deemed best
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suited to carry out the purposes of this chapter ; and within
such districts it the council may regulate and restrict the
erection, construction, reconstruction, alteration, repair, or
use of buildings, structures, or land. All such regulations
and restrictions shall be uniform for each class or kind of
buildings throughout each district, but the regulations in one
district may differ from those in other districts.
Sec. 244. Section 414.7, subsection 1, Code 2021, is amended
to read as follows:
1. The council shall provide for the appointment of a board
of adjustment. In the regulations and restrictions adopted
pursuant to the authority of this chapter , the council shall
provide that the board of adjustment may in appropriate cases
and subject to appropriate conditions and safeguards make
special exceptions to the terms of the ordinances in harmony
with its the general purpose and intent of the ordinances and
in accordance with general or specific rules contained in
the ordinance ordinances and provide that any property owner
aggrieved by the action of the council in the adoption of such
regulations and restrictions may directly petition the board
of adjustment direct to modify regulations and restrictions as
applied to such property owners.
Sec. 245. Section 419.13, Code 2021, is amended to read as
follows:
419.13 Exception to budget law and certain bond provisions.
The provisions of sections 73A.12 to through 73A.16 shall
not apply to bonds issued under the provisions of this chapter .
Sec. 246. Section 419.17, subsection 1, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
Cities may also issue revenue bonds for projects located
within a qualified urban renewal area or an area designated
a revitalization area pursuant to sections 404.1 to through
404.7 . The revenue bonds shall be issued pursuant to the
provisions of this chapter and all provisions of this chapter
shall apply, except that:
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Sec. 247. Section 420.41, subsection 1, paragraph g, Code
2021, is amended to read as follows:
g. In respect of the power to enact, make, adopt, amend
and repeal ordinances necessary or proper in connection with
any provisions referred to in paragraphs “a” to through “f”
inclusive , of this subsection .
Sec. 248. Section 420.229, Code 2021, is amended to read as
follows:
420.229 Delinquent city taxes —— exclusive collection
procedure.
All general city taxes and special assessments which,
under the provisions of sections 420.220 to 420.229 shall
through 420.228, are not be collectible by sale or shall be
are collectible by sale only in events or in a manner hereby
prescribed in this chapter shall respectively be deemed barred
or barred as to collection thereof in any other event or any
other manner than so prescribed.
Sec. 249. Section 420.240, Code 2021, is amended to read as
follows:
420.240 Redemption statutes applicable.
The provisions of sections 447.7 to through 447.13 shall,
so far as the same those sections shall be applicable, and
are not herein changed or modified in this chapter , apply to
sales of real estate for delinquent taxes herein contemplated
in this chapter ; but where the words “auditor of the county”
or “treasurer” are used in said those sections the words “city
clerk”, “recorder”, “auditor”, or “person authorized to make
out the tax list” and “city collector” or “city treasurer or
officer authorized to receive same” shall be substituted.
Sec. 250. Section 420.244, Code 2021, is amended to read as
follows:
420.244 Force and effect.
All deeds and conveyances hereafter made and executed on
account of any general or special tax sale shall be of the
same force and effect as deeds made by the county treasurer
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as provided in sections 448.3 to through 448.5 for delinquent
county taxes.
Sec. 251. Section 420.245, Code 2021, is amended to read as
follows:
420.245 Rights and remedies.
The purchaser as well as the owner of any real property
sold on account of such general or special delinquent taxes or
assessments shall be entitled to all the rights and remedies
which are granted and prescribed by sections 446.35 , 446.36 ,
and 448.6 to through 448.14 , but wherever the words “county
and county treasurer and auditor” are used, the words “city,
city treasurer, city clerk, recorder, auditor, or collector or
officer authorized to act as collector,” collector”, shall be
substituted.
Sec. 252. Section 420.246, Code 2021, is amended to read as
follows:
420.246 Tax and deed statutes applicable.
Sections 446.16 , 446.32 , and 448.10 to through 448.12 are
applicable to cities acting under special charters, except
that, where the word “treasurer” is used, there shall be
substituted the words “city collector or treasurer or deputy
treasurer or deputy or officer authorized to collect city
taxes”; and where the word “auditor” is used, there shall be
substituted the words “city clerk or recorder”.
Sec. 253. Section 420.247, Code 2021, is amended to read as
follows:
420.247 Failure to obtain deed —— cancellation of sale.
After July 4, 1942, section 446.37 shall apply to cities
acting under special charter which collect their own taxes,
except that the terms “county auditor” and “county treasurer”
in said section to section 446.37 shall be taken, for the
purposes of this section , to refer to the persons performing
their respective functions in relation to tax sales by such
cities.
Sec. 254. Section 421.17, subsection 19, paragraph b, Code
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2021, is amended to read as follows:
b. (1) The provisions of sections 17A.10 to through 17A.18A
relating to contested cases shall not apply to any matters
involving the equalization of valuations of classes of property
as authorized by this chapter and chapter 441 .
(2) This exemption from the provisions of sections 17A.10
to through 17A.18A shall not apply to a hearing before the
director as provided in section 441.49, subsection 5 .
Sec. 255. Section 421.27, subsection 9, paragraph a,
subparagraph (3), Code 2021, is amended to read as follows:
(3) In this the case of all other entities, including
corporations described in section 422.36, subsection 5 , and all
other entities required to file an information return under
section 422.15, subsection 2 , the entity’s Iowa net income
after the application of the Iowa business activity ratio, if
applicable, multiplied by the top income tax rate imposed under
section 422.5A for the tax year.
Sec. 256. Section 422.5, subsection 1, paragraph b,
subparagraph (1), Code 2021, is amended to read as follows:
(1) The tax imposed upon the taxable income of a nonresident
shall be computed by reducing the amount determined pursuant
to paragraph “a” by the amounts of nonrefundable credits under
this subchapter and by multiplying this resulting amount by a
fraction of which the nonresident’s net income allocated to
Iowa, as determined in section 422.8, subsection 2 , paragraph
“a” , is the numerator and the nonresident’s total net income
computed under section 422.7 is the denominator. This
provision subparagraph also applies to individuals who are
residents of Iowa for less than the entire tax year.
Sec. 257. Section 422.5, subsection 4, Code 2021, is amended
to read as follows:
4. The tax herein levied under this section shall be
computed and collected as hereinafter provided in this
subchapter .
Sec. 258. Section 422.7, subsection 12, paragraph a,
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subparagraph (3), Code 2021, is amended to read as follows:
(3) An individual, whether or not domiciled in this state
at the time of the hiring, who is on parole or probation and to
whom the interstate probation and parole compact under section
907A.1 , Code 2001, applies, or to whom the interstate compact
for adult offender supervision under chapter 907B applies.
Sec. 259. Section 422.7, subsection 12A, paragraph a,
subparagraph (2), Code 2021, is amended to read as follows:
(2) An individual, whether or not domiciled in this state
at the time of the hiring, who is on parole or probation and to
whom the interstate probation and parole compact under section
907A.1, Code 2001 , applies, or to whom the interstate compact
for adult offender supervision under chapter 907B applies.
Sec. 260. Section 422.7, subsection 32, paragraph c,
subparagraph (2), subparagraph division (b), Code 2021, is
amended to read as follows:
(b) (i) Except as provided in subparagraph subdivision
(ii), “elementary “Elementary or secondary school” means an all
of the following:
(i) An elementary or secondary school in this state which is
accredited under section 256.11 , and adheres to the provisions
of the federal Civil Rights Act of 1964 and chapter 216 .
(ii) “Elementary or secondary school” includes an An
elementary or secondary school located out of state that
educates a beneficiary who meets the definition of “children
requiring special education” in section 256B.2 , if the
elementary or secondary school is accredited under the laws of
the state in which it is located and adheres to the federal
Civil Rights Act of 1964 and applicable state law analogous to
chapter 216 .
Sec. 261. Section 422.12, subsection 2, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
There shall be deducted from but not to exceed the tax, after
the same shall have been tax is computed as provided in this
subchapter , the following:
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Sec. 262. Section 422.35, subsection 6, paragraph a,
subparagraph (3), Code 2021, is amended to read as follows:
(3) An individual, whether or not domiciled in this state
at the time of the hiring, who is on parole or probation and to
whom the interstate probation and parole compact under section
907A.1 , Code 2001, applies, or to whom the interstate compact
for adult offender supervision under chapter 907B applies.
Sec. 263. Section 422.35, subsection 6A, paragraph a,
subparagraph (2), Code 2021, is amended to read as follows:
(2) An individual, whether or not domiciled in this state
at the time of the hiring, who is on parole or probation and to
whom the interstate probation and parole compact under section
907A.1 , Code 2001, applies, or to whom the interstate compact
for adult offender supervision under chapter 907B applies.
Sec. 264. Section 422.89, unnumbered paragraph 1, Code
2021, is amended to read as follows:
The penalty for underpayment of any installment of estimated
tax imposed under section 422.88 shall not be imposed if the
total amount of all payments of estimated tax made on or before
the last date prescribed for the payment of such installment
equals or exceeds the amount which would have been required
to be paid on or before such date if the estimated tax amount
amounts at least to one of the following:
Sec. 265. Section 426A.15, Code 2021, is amended to read as
follows:
426A.15 Penalty.
Any person making a false affidavit for the purpose of
obtaining the exemption provided for in sections 426A.11 to
through 426A.14 or who knowingly receives such exemption
without being legally entitled thereto, or who makes claim for
exemption in more than one county in the state shall be guilty
of a fraudulent practice.
Sec. 266. Section 427.1, subsection 8, paragraph b, Code
2021, is amended to read as follows:
b. All deeds or leases by which such property is held shall
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be filed for record before the property herein described in
this subsection shall be omitted from the assessment. All such
property shall be listed upon the tax rolls of the district or
districts in which it is located and shall have ascribed to it
an actual fair market value and an assessed or taxable value,
as contemplated by section 441.21 , whether such property be
is subject to a levy or be is exempted as herein provided in
this subsection and such information shall be open to public
inspection.
Sec. 267. Section 427A.1, subsection 1, paragraph h, Code
2021, is amended to read as follows:
h. Property assessed by the department of revenue pursuant
to sections 428.24 to through 428.26, 428.28, and 428.29, or
chapters 433 , 434 , 437 , 437A , 437B , and 438 .
Sec. 268. Section 427B.26, subsection 2, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
In lieu of the valuation and assessment provisions in
section 441.21, subsection 8 , paragraphs “b” , “c” , and “d” , and
sections 428.24 to through 428.26, 428.28, and 428.29, wind
energy conversion property which is first assessed for property
taxation on or after January 1, 1994, and on or after the
effective date of the ordinance enacted pursuant to subsection
1 , shall be valued by the local assessor for property tax
purposes as follows:
Sec. 269. Section 427B.26, subsection 3, Code 2021, is
amended to read as follows:
3. The taxpayer shall file with the local assessor by
February 1 of the assessment year in which the wind energy
conversion property is first assessed for property tax
purposes, a declaration of intent to have the property
assessed at the value determined under this section in lieu
of the valuation and assessment provisions in section 441.21,
subsection 8 , paragraphs “b” , “c” , and “d” , and sections 428.24
to through 428.26, 428.28, and 428.29.
Sec. 270. Section 428A.1, subsections 2 and 3, Code 2021,
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are amended to read as follows:
2. When each deed, instrument, or writing by which any real
property in this state is granted, assigned, transferred, or
otherwise conveyed is presented for recording to the county
recorder, a declaration of value signed by at least one of the
sellers or one of the buyers or their agents shall be submitted
to the county recorder. However, if the deed, instrument, or
writing contains multiple parcels some of which are located in
more than one county, separate declarations of value shall be
submitted on the parcels located in each county and submitted
to the county recorder of that county when paying the tax as
provided in section 428A.5 . A declaration of value is not
required for those instruments described in section 428A.2,
subsections 2 to through 5, 7 to through 13, and 16 to through
21, or described in section 428A.2, subsection 6 , except in the
case of a federal agency or instrumentality, or if a transfer
is the result of acquisition of lands, whether by contract or
condemnation, for public purposes through an exercise of the
power of eminent domain.
3. The declaration of value shall state the full
consideration paid for the real property transferred. If
agricultural land, as defined in section 9H.1 , is purchased by
a corporation, limited partnership, trust, alien or nonresident
alien, the declaration of value shall include the name and
address of the buyer, the name and address of the seller, a
legal description of the agricultural land, and identify the
buyer as a corporation, limited partnership, trust, alien, or
nonresident alien. The county recorder shall not record the
declaration of value, but shall enter on the declaration of
value the information the director of revenue requires for the
production of the sales/assessment ratio study and transmit
all declarations of value to the city or county assessor in
whose jurisdiction the property is located. The city or county
assessor shall provide the information the director of revenue
requires for the production of the sales/assessment ratio study
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at times as directed by the director of revenue. The assessor
shall retain for three years from December 31 of the year in
which the transfer of realty for which the declaration was
filed took place. The director of revenue shall, upon receipt
of the information required to be filed under this chapter
by the city or county assessor, send to the office of the
secretary of state that part of the declaration of value which
identifies a corporation, limited partnership, trust, alien,
or nonresident alien as a purchaser of agricultural land as
defined in section 9H.1 .
Sec. 271. Section 437.11, Code 2021, is amended to read as
follows:
437.11 Rate —— purposes.
Such portions of the transmission line or lines within the
state referred to in section 437.2 , as are located outside
cities, shall be taxable upon said assessment provided for by
sections 437.6 to through 437.9 at the same rate, by the same
officers and for the same purposes as property of individuals
within such counties, townships , or lesser taxing districts,
outside cities, and the county treasurer shall collect said
taxes at the same time and in the same manner as other taxes,
and the same penalties shall be due and collectible as for the
nonpayment of individual taxes.
Sec. 272. Section 437.12, Code 2021, is amended to read as
follows:
437.12 Assessment exclusive.
Every transmission line or part of a transmission line, of
which the department of revenue is required by this chapter
to find the value, shall be exempt from other assessment or
taxation either under sections 428.24 to through 428.26 , or
under any other law of this state except as provided in this
chapter .
Sec. 273. Section 437B.2, subsection 1, Code 2021, is
amended to read as follows:
1. “Centrally assessed property tax” means property tax
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imposed with respect to the value of property determined by the
director pursuant to sections 428.24 to through 428.26, 428.28,
and 428.29 , Code 2013, and allocated to water service.
Sec. 274. Section 438.7, Code 2021, is amended to read as
follows:
438.7 Consolidated list of real estate.
The department of revenue shall, by some convenient method
of binding, arrange the statements required to be made by
sections 438.4 to through 438.6 so as to form a consolidated
list of all real estate reported to the department as being
owned or used for pipeline purposes within the state of Iowa.
Sec. 275. Section 441.22, Code 2021, is amended to read as
follows:
441.22 Forest and fruit-tree reservations.
Forest and fruit-tree reservations fulfilling the conditions
of sections 427C.1 to 427C.13 chapter 427C shall be exempt from
taxation. In all other cases where trees are planted upon
any tract of land, without regard to area, for forest, fruit,
shade, or ornamental purposes, or for windbreaks, the assessor
shall not increase the valuation of the property because of
such improvements.
Sec. 276. Section 441.47, unnumbered paragraph 1, Code
2021, is amended to read as follows:
The department of revenue on or about August 15, 1977, and
every two years thereafter shall order the equalization of the
levels of assessment of each class of property in the several
assessing jurisdictions by adding to or deducting from the
valuation of each class of property such percentage in each
case as may be necessary to bring the same to its taxable value
as fixed in this chapter , and chapters 427 to through 440, and
chapter 443. The department shall adjust to actual value the
valuation of any class of property as set out in the abstract
of assessment when the valuation is at least five percent above
or below actual value as determined by the department. For
purposes of such value adjustments and before such equalization
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the director shall adopt, in the manner prescribed by chapter
17A , such rules as may be necessary to determine the level of
assessment for each class of property in each county. The
rules shall cover:
Sec. 277. Section 441.56, Code 2021, is amended to read as
follows:
441.56 Assessor’s duties —— combined appointment.
When the duties of the county assessor are combined with the
duties of another officer or employee as provided in section
331.323, subsection 1 , the person named to perform the combined
duties shall be appointed as provided in sections 441.5 to
through 441.8 .
Sec. 278. Section 443.2, Code 2021, is amended to read as
follows:
443.2 Tax list.
1. Before the first day of July in each year, the county
auditor shall transcribe the assessments of the townships and
cities into a book or record, to be known as the tax list,
properly ruled and headed, with separate columns, in which
shall be entered the names of the taxpayers, descriptions of
lands, number of acres and value, numbers of city lots and
value, and each description of tax, with a column for polls and
one for payments, and shall complete it by entering the amount
due on each installment, separately, and carrying out the total
of both installments. The total of all columns of each page of
each book or other record shall balance with the tax totals.
After computing the amount of tax due and payable on each
property, the county auditor shall round the total amount of
tax due and payable on the property to the nearest even whole
dollar.
2. The county auditor shall list the aggregate actual
value and the aggregate taxable value of all taxable property
within the county and each political subdivision including
property subject to the statewide property tax imposed under
section 437A.18 or 437B.14 on the tax list in order that the
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actual value of the taxable property within the county or a
political subdivision may be ascertained and shown by the tax
list for the purpose of computing the debt-incurring capacity
of the county or political subdivision. As used in this
section , “actual value” is the value determined under section
441.21, subsections 1 to through 3 , prior to the reduction to
a percentage of actual value as otherwise provided in section
441.21 . “Actual value” of property subject to statewide
property tax is the assessed value under section 437A.18 or
437B.14 .
Sec. 279. Section 444.8, Code 2021, is amended to read as
follows:
444.8 Mandatory provisions.
The provisions of sections 444.1 to through 444.4, 444.6,
and 444.7, and the methods of computation, certification, and
levy therein provided in those sections shall be obligatory
on all officers within the several counties of the state upon
whom devolves the duty of determining, certifying, and levying
taxes.
Sec. 280. Section 455B.137, Code 2021, is amended to read
as follows:
455B.137 Privileged information.
Information received by the department or any employees
of the department through filed reports, inspections, or as
otherwise authorized in this division II or chapter 459,
subchapter II , concerning trade secrets, secret industrial
processes, or other privileged communications, except emission
data, shall not be disclosed or opened to public inspection,
except as may be necessary in a proceeding concerning a
violation of said this division II or chapter 459, subchapter
II, or of any rules promulgated thereunder under this division
II or chapter 459, subchapter II , or as otherwise authorized or
ordered by appropriate court action or proceedings. Nothing
in this section shall be construed to prevent the director
from compiling or publishing analyses or summaries relating to
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the general condition of the atmosphere; provided that such
analyses or summaries do not reveal any information otherwise
confidential under this section .
Sec. 281. Section 455B.183, subsection 4, Code 2021, is
amended to read as follows:
4. Plans and specifications for all other waste disposal
systems and public water supply systems, including sewer
extensions and water supply distribution system extensions not
reviewed by a city or county public works department under
this section , shall be submitted to the department before a
written permit may be issued. Plans and specifications for
public water supply systems and water supply distribution
system extensions must be certified by a licensed engineer as
provided in subsection 1 , paragraph “a” . The construction of
any such waste disposal system or public water supply system
shall be in accordance with standards formulated and adopted
by the department commission pursuant to section 455B.173,
subsections 5 to through 8. If it is necessary or desirable to
make material changes in the plans or specifications, revised
plans or specifications together with reasons for the proposed
changes must be submitted to the department for a supplemental
written permit. The revised plans and specifications for a
public water supply system must be certified by a licensed
engineer as provided in subsection 1 , paragraph “a” .
Sec. 282. Section 455B.223, Code 2021, is amended to read
as follows:
455B.223 Competent operator required.
It shall be unlawful for any person, firm, corporation,
municipal corporation, or other governmental subdivision or
agency, operating a water treatment plant, water distribution
system , or wastewater treatment plant to operate same unless
the competency of the operator to operate such plant or system
is duly certified to by the director under the provisions of
this part 2 of division III. It shall also be unlawful for any
person to perform the duties of an operator, as defined herein
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in this part , without being duly certified under the provisions
of said this part.
Sec. 283. Section 455B.224, Code 2021, is amended to read
as follows:
455B.224 Simple misdemeanor.
Any person, including any firm, corporation, municipal
corporation, or other governmental subdivision or agency,
violating any provisions of this part 2 of division III or the
rules adopted thereunder under this part after written notice
thereof of the violation by the executive director is guilty of
a simple misdemeanor. Each day of operation in such violation
of said this part or any rules adopted thereunder under this
part shall constitute a separate offense. It shall be the duty
of the appropriate county attorney to secure injunctions of
continuing violations of any provisions of said this part or
the rules adopted thereunder under this part .
Sec. 284. Section 455B.307, subsection 2, Code 2021, is
amended to read as follows:
2. The director may issue any order necessary to secure
compliance with or prevent a violation of the provisions of
this part 1 of division IV or the rules adopted pursuant to
the this part. The attorney general shall, on request of
the department, institute any legal proceedings necessary in
obtaining compliance with an order of the commission or the
director or prosecuting any person for a violation of the
provisions of the this part or rules issued pursuant to the
this part.
Sec. 285. Section 455B.473, subsection 6, Code 2021, is
amended to read as follows:
6. Subsections 1 to through 3 do not apply to an underground
storage tank for which notice was given pursuant to section
103, subsection c, of the Comprehensive Environmental Response,
Compensation , and Liabilities Act of 1980.
Sec. 286. Section 455B.803, subsection 2, paragraph e, Code
2021, is amended to read as follows:
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e. On July 1, 2020, the commission shall cease enforcement
of the removal, collection, and recovery plans under this
section . On or before July 1, 2020, the commission shall
review the mercury-added switch removal, collection, and
recovery portion of this division and submit a recommendation
to the general assembly regarding the necessity of continuing
the enforcement of the removal, collection, and recovery plans
under this section .
Sec. 287. Section 456A.24, subsection 2, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
Acquire by purchase, condemnation, lease, agreement,
gift, and devise lands or waters suitable for the purposes
hereinafter enumerated in this subsection , and rights-of-way
thereto to those lands and waters , and to maintain the same
lands and waters for the following purposes, to wit:
Sec. 288. Section 456A.24, subsections 3 and 7, Code 2021,
are amended to read as follows:
3. Extend and consolidate lands or waters suitable for the
above purposes enumerated in subsection 2 by exchange for other
lands or waters and to purchase, erect, and maintain buildings
necessary to the work of the department.
7. Pay the salaries, wages, compensation, traveling,
and other necessary expenses of the commissioners, director,
officers, and other employees of the department , and to ; expend
money for necessary supplies and equipment , ; and to make such
other expenditures as may be necessary for the carrying into
effect the purposes of this chapter .
Sec. 289. Section 458A.2, subsections 7 and 19, Code 2021,
are amended to read as follows:
7. “Gas” means and includes all natural gas and all other
fluid hydrocarbons which are produced at the wellhead and not
hereinabove defined in this section as oil.
19. “Waste” means and includes all of the following :
a. Physical waste, as that term is generally understood in
the oil and gas industry , .
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b. The inefficient, excessive, or improper use of, or the
unnecessary dissipation of reservoir energy , .
c. The location, spacing, drilling, equipping, operating,
or producing of any oil or gas well or wells in a manner which
causes, or tends to cause, reduction in the quantity of oil or
gas ultimately recoverable from a pool under prudent and proper
operations, or which causes or tends to cause unnecessary or
excessive surface loss or destruction of oil or gas , .
d. The inefficient storing of oil , and .
e. The production of oil or gas in excess of transportation
or marketing facilities or in excess of reasonable market
demand.
Sec. 290. Section 458A.16, subsection 2, Code 2021, is
amended to read as follows:
2. If any A person is guilty of a fraudulent practice if the
person, for the purpose of evading this chapter , or any rule or
order of the department, makes does any of the following:
a. Makes or causes to be made any false entry or statement
in a report required by this chapter or by any rule or order , or
makes .
b. Makes or causes to be made any false entry in any record,
account, or memorandum required by this chapter , or by any rule
or order , or omits .
c. Omits , or causes to be omitted, from any record, account,
or memorandum, full, true, and correct entries as required by
this chapter , or by any rule or order , or removes .
d. Removes from this state or destroys, mutilates, alters,
or falsifies any such record, account, or memorandum , the
person is guilty of a fraudulent practice required by this
chapter, or by any rule or order .
Sec. 291. Section 459.501, subsection 3, paragraph a,
subparagraph (3), subparagraph division (a), subparagraph
subdivision (i), Code 2021, is amended to read as follows:
(i) Providing for seizure of animals pursuant to sections
169.3D 163.3D and 169.3E 163.3E .
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Sec. 292. Section 460.302, subsection 3, paragraph a,
subparagraph (1), Code 2021, is amended to read as follows:
(1) On July 1, 1987 , initiate a pilot demonstration
and research project concerning elimination of groundwater
contamination attributed to the use of agricultural chemicals
and agricultural drainage wells. The project shall be
established in a location in north central Iowa determined by
the department to be the most appropriate. A demonstration
project shall also be established in northeast Iowa to study
techniques for the cleanup of sinkholes.
Sec. 293. Section 461A.34, Code 2021, is amended to read as
follows:
461A.34 Powers in municipalities.
Municipalities, or individuals, or corporations organized
only for that the purpose only of establishing a park , acting
separately or in conjunction with each other, may establish
like parks outside the limits of cities , and when . If a park is
established without the support of the public state parks fund,
the municipalities, corporations, or persons establishing the
same park , as the case may be, shall have control thereof of
the park independently of the executive council ; but . However,
none of the said municipalities, individuals, or corporations,
acting under the provisions of this section shall establish,
maintain , or operate any such park as herein contemplated in
this section for pecuniary profit.
Sec. 294. Section 461A.44, Code 2021, is amended to read as
follows:
461A.44 Prohibited areas.
No person shall enter upon portions of any state park
or preserve in disregard of official signs forbidding same
entrance upon park or preserve property , except by permission
of the director or the director’s representative.
Sec. 295. Section 461A.59, Code 2021, is amended to read as
follows:
461A.59 Powers in municipalities.
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Municipalities or corporations organized only for that
the purpose only of establishing a water recreational area ,
acting separately or in conjunction with each other in counties
not having a county conservation board, may establish water
recreational areas and when . If a water recreational area is
established without the support of public funds of the state
of Iowa, the municipalities or corporations establishing the
same water recreational area , as the case may be, shall have
control thereof of the water recreational area independently of
the executive council.
Sec. 296. Section 461A.61, unnumbered paragraph 1, Code
2021, is amended to read as follows:
Said A petition filed under section 461A.60 shall state:
Sec. 297. Section 462A.14D, subsection 8, Code 2021, is
amended to read as follows:
8. Subsections 3 to through 7 of this section do not apply
where a test may be administered under section 462A.14A,
subsection 4 , paragraph “f” .
Sec. 298. Section 462A.29, Code 2021, is amended to read as
follows:
462A.29 Official duty exempted.
Peace officers, members of the commission, its and the
commission’s deputies, agents, and employees are not violating
the provisions of this chapter while acting within the scope
of their employment in search and rescue operations, law
enforcement duty, emergency duty, and other resource management
activities as determined by rules of the commission.
Sec. 299. Section 468.37, Code 2021, is amended to read as
follows:
468.37 Contracts.
All agreements and contracts for work or materials in
constructing the improvements of such a district shall be in
writing , and be signed by the chairperson of the board of
supervisors for and on behalf of the district and the parties
who are to perform the work or furnish the materials specified
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in such the contract. Such The contract shall specify the
particular work to be done or materials to be furnished, the
time when it shall begin and when it shall be completed, the
amount to be paid and the times of payment, with and contain
such other terms and conditions as to details as are necessary
to a clear understanding of the terms thereof of the contract .
Sec. 300. Section 468.71, Code 2021, is amended to read as
follows:
468.71 Form, negotiability, and effect.
Each of such certificates improvement certificate shall
state the amount of one or more drainage assessments or part
thereof made against the property, designating it the property
and the owner thereof liable for the payment of such the
assessments. Said The certificates shall be negotiable and
transfer to the bearer all right and interest in and to the
tax in every such assessment or part thereof described in such
the certificates, and shall authorize such bearer to collect
and receive every assessment embraced in said certificate
the certificates by or through any of the methods provided
by law for their collection of the assessments as the same
certificates mature.
Sec. 301. Section 468.72, Code 2021, is amended to read as
follows:
468.72 Interest —— place of payment.
Such Improvement certificates issued under section 468.70
shall bear interest at a rate determined by the board, payable
annually, and shall be paid by the taxpayer to the county
treasurer, who shall receipt for the same interest payment and
cause the amount to be credited on the certificates issued
therefor for the drainage assessments .
Sec. 302. Section 468.214, Code 2021, is amended to read as
follows:
468.214 Applicable statutes.
Except as otherwise provided herein in this part, all
provisions of this chapter relative to assessment of damages,
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appointment of an engineer, employment of counsel, payment for
work, levy and collection of drainage and levee assessments
and taxes, the issue of improvement certificates and drainage
or levee bonds, the taking of appeals and the manner of trial
thereof and all other proceedings relating thereto shall apply.
Sec. 303. Section 468.259, unnumbered paragraph 1, Code
2021, is amended to read as follows:
In lieu of the hearings provided for in section 468.258 , the
board of either district may call an election for the purpose
of determining the dissolution of the contained district or the
acceptance of that district’s improvements and rights-of-way
by the overlying district. The questions may be submitted at
a regular election of the district or at a special election
called for that purpose. It is not mandatory for the county
commissioner of elections to conduct the elections, however
the provisions of sections 49.43 to through 49.47 , and of
subchapter III of this chapter , as they are applicable, shall
govern the elections, and the question to be submitted shall be
set forth in the notice of election.
Sec. 304. Section 468.274, Code 2021, is amended to read as
follows:
468.274 Notice.
Immediately upon the filing of the report of the
commissioners and the engineer, if the same report recommends
the establishment of such district, notice shall be given
by the auditor of each county to the owners of all the lots
and tracts of land in the auditor’s own county respectively
embraced within such district as recommended by the
commissioners as shown by the transfer books in the office of
the auditor of each of said counties, and also to the persons
in actual occupancy of all the lots or tracts of land in such
district, and also to each lienholder or encumbrancer of any of
such lots or tracts as shown by the records of the respective
counties.
Sec. 305. Section 468.371, Code 2021, is amended to read as
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follows:
468.371 Registration.
When bonds have been executed as aforesaid provided in this
part they shall be delivered to the county treasurer and the
treasurer’s receipt taken therefor for each bond . The county
treasurer shall register the same each bond in a book provided
for that purpose, which shall show the number of each bond, its
date, date of sale, amount, date of maturity, and the name and
address of the purchaser, and if exchanged what evidences of
debt were received therefor, which for each bond. The record
shall at all times be open to the inspection of the owners of
property within the district. The treasurer shall thereupon
certify on the back of each bond as follows:
This bond duly and properly registered in my office this ....
day of ...... (month), ... (year).
...........
Treasurer of the County of
...........
Sec. 306. Section 468.553, Code 2021, is amended to read as
follows:
468.553 Record of bonds.
When the bonds have been executed as aforesaid provided
in this part they shall be delivered to the county treasurer
and the treasurer’s receipt taken therefor for each of the
bonds . The treasurer shall register said each of the bonds in
a book provided for that purpose which shall show the number of
each bond, its date, date of sale, amount, date of maturity,
and the name and address of the purchaser, and if exchanged
what evidences of indebtedness were received therefor, which
for each bond. The record shall at all times be open to the
inspection of the owners of property within said the drainage
district. The treasurer shall thereupon certify on the back
of each bond as follows:
This bond duly and properly registered in my office this ....
day of ...... (month), ... (year).
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...........
Treasurer of the County of
...........
Sec. 307. Section 476.4, subsection 3, Code 2021, is amended
to read as follows:
3. Every rate, charge, rule, and regulation contained in
any filing made with the commission on or prior to July 4,
1963, shall be effective as of such date, subject, however, to
investigation as provided in this chapter . If any such filing
is made prior to the time the commission prescribes rules as
aforesaid , and if such filing does not comply as to form or
substance with such rules, then the public utility which filed
the same shall within a reasonable time after the adoption of
such rules make a new filing or filings complying with such
rules, which new filing or filings shall be deemed effective
as of July 4, 1963.
Sec. 308. Section 476.22, Code 2021, is amended to read as
follows:
476.22 Definition.
As used in sections 476.23 to 476.26 this subchapter , unless
the context otherwise requires, “electric utility” includes a
public utility furnishing electricity as defined in section
476.1 and a city utility as defined in section 390.1 .
Sec. 309. Section 476.49, subsection 1, paragraph c, Code
2021, is amended to read as follows:
c. “Distributed generation facility” means the same as
defined in section 476.58, subsection 1 , paragraph “b” ,
subparagraph (2) or (3) an alternative energy production
facility or a small hydro facility as defined in section
476.42 .
Sec. 310. Section 478.10, Code 2021, is amended to read as
follows:
478.10 Franchise transferable —— notice.
When any such electric transmission line or lines are sold
and transferred either by voluntary or judicial sale, such the
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transfer shall carry with it the franchise under which the said
improvement is owned, maintained, or operated. If a transfer
of such franchise is made before the improvement for which
it was issued is constructed, in whole or in part, such the
transfer shall not be effective till until the person, company,
or corporation to whom it was issued shall file files in the
office of the utilities board granting the franchise a notice
in writing stating the date of such the transfer and the name
and address of the transferee.
Sec. 311. Section 481A.33, Code 2021, is amended to read as
follows:
481A.33 Violations relating to dams.
1. Whoever shall erect A person who erects any dam or other
obstruction prohibited by this chapter or at a place or in a
manner prohibited shall be guilty of a simple misdemeanor , or
shall injure or destroy .
2. A person who injures or destroys any dam lawfully
erected , shall be guilty of an aggravated misdemeanor.
Sec. 312. Section 491.10, Code 2021, is amended to read as
follows:
491.10 Interpretative clause.
Nothing in sections 491.5 to through 491.9 shall be
construed as repealing or modifying any statute now in force in
respect to the approval of articles of incorporation relating
to insurance companies or investment companies.
Sec. 313. Section 491.107, subsection 2, Code 2021, is
amended to read as follows:
2. The procedure set forth in sections 491.6 to through
491.9 of this chapter shall be applicable to the filing of
articles of consolidation or merger.
Sec. 314. Section 492.4, Code 2021, is amended to read as
follows:
492.4 Certain corporations excepted.
Sections 492.1 to through 492.3 shall not apply to railway or
quasi-public corporations organized before October 1, 1897.
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Sec. 315. Section 492.10, Code 2021, is amended to read as
follows:
492.10 Cancellation of stock —— reimbursement.
The capital stock of any corporation issued in violation of
the terms and provisions of sections 492.5 to through 492.8
shall be void, and in a suit brought by the attorney general on
behalf of the state in any court having jurisdiction, a decree
of cancellation shall be entered; and if the corporation has
received any money or thing of value for the said stock, such
money or thing of value shall be returned to the individual,
firm, company, or corporation from whom it was received, and if
represented by labor or other service of intangible nature, the
value thereof shall constitute a claim against the corporation
issuing stock in exchange therefor.
Sec. 316. Section 492.11, Code 2021, is amended to read as
follows:
492.11 Dissolution —— distribution of assets.
Any corporation violating the provisions of sections 492.5
to through 492.8 shall, upon the application of the attorney
general, in behalf of the state, made to any court of competent
jurisdiction, be dissolved, its affairs wound up, and its
assets distributed among the stockholders other than those who
have received the stock so unlawfully issued.
Sec. 317. Section 492.12, Code 2021, is amended to read as
follows:
492.12 Violation.
Any officer, agent , or representative of a corporation who
violates any of the provisions of sections 492.5 to through
492.8 shall be guilty of a simple misdemeanor.
Sec. 318. Section 495.1, Code 2021, is amended to read as
follows:
495.1 Capital stock and permit.
Sections 492.5 to through 492.9 are applicable to any
foreign corporation which directly or indirectly owns, uses,
operates, controls, or is concerned in the operation of
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any public gasworks, electric light plant, heating plant,
waterworks, interurban or street railway located within the
state, or the carrying on of any gas, electric light, electric
power, heating business, waterworks, interurban or street
railway business within the state, or that owns or controls,
directly or indirectly, any of the capital stock of any
corporation which owns, uses, operates or is concerned in
the operation of any public gasworks, electric light plant,
electric power plant, heating plant, waterworks, interurban
or street railway located within the state, or any foreign
corporation that exercises any control in any way or in any
manner over any of such works, plants, interurban or street
railways or the business carried on by such works, plants,
interurban or street railways by or through the ownership of
the capital stock of any corporation or corporations or in any
other manner whatsoever , and the . The ownership, operation,
or control of any such works, plants, interurban or street
railways or the business carried on by any of such works or
plants or the ownership or control of the capital stock in any
corporation owning or operating any of such works, plants,
interurban or street railways by any foreign corporation in
violation of this chapter is unlawful.
Sec. 319. Section 508.32, Code 2021, is amended to read as
follows:
508.32 Proceeds of policy held in trust.
1. As used in this section:
a. “Annuity contracts” and “life insurance policies” include
accident and health insurance policies and contracts, and
include undertakings, duties, and obligations incidental to or
in furtherance of any such policies or contracts.
b. “Proceeds” includes additions and contributions.
c. “Trust” includes but is not limited to settlement options
and contracts issued pursuant to policies or contracts, and
funds held in a separate or segregated account in connection
with pension or profit-sharing plans pursuant to agreements
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with the policyholders.
1. 2. Any life insurance company organized under the
provisions of this chapter and doing business in this
state, shall have the power to hold in trust the premiums
or consideration paid for, or the proceeds of any life
insurance policy or annuity contract, either individual or
group, issued by it, upon such terms and subject to such
limitations as to revocation or control by the policyholder
or beneficiary thereunder, as shall have been agreed to in
writing by such company and the policyholder; provided that
the trust provisions contemplated in this section shall in no
manner subject the corporation to any of the provisions of
the laws of Iowa relating to banks or trust companies; and
provided further, that the trust or trusts for premiums or
considerations may be invested by such company in the manner
specified in the trust instruments or agreements and held in
a separate or segregated account; and provided further, that
the forms of such trust agreements for beneficiaries shall
be first submitted to and approved by the commissioner of
insurance. The word “ trust ” shall include, but not be limited
to settlement options and contracts issued pursuant to policies
or contracts, and funds held in a separate or segregated
account in connection with pension or profit-sharing plans
pursuant to agreements with the policyholders.
2. 3. As used in this section , life insurance policies
and annuity contracts include accident and health insurance
policies and contracts, and include undertakings, duties,
and obligations incidental to or in furtherance of any such
policies or contracts. As used in this section , proceeds
include additions and contributions. Funds held by an
insurance company as authorized by this section may be
held in a separate account established pursuant to section
508A.1 , except that section 508A.1, subsection 5 , shall not
be applicable to such account. However, funds held by an
insurance company as authorized in this section shall not be
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chargeable with liabilities arising out of any other business
the company may conduct.
3. 4. An instrument or agreement issued or used by an
insurance company as authorized by this section does not
constitute a security as defined in section 502.102 .
Sec. 320. Section 511.12, Code 2021, is amended to read as
follows:
511.12 Officers not to profit by investments.
No such An officer or director of a life insurance company or
association shall gain through not profit from the investment
of funds of any such the company.
Sec. 321. Section 514D.3, subsection 1, unnumbered
paragraph 1, Code 2021, is amended to read as follows:
The commissioner shall issue rules to establish specific
standards, including standards of full and fair disclosure,
that set forth the manner, content, and required disclosure
for the sale of policies of individual accident and sickness
insurance and individual subscriber contracts which shall be
in addition to and in accordance with applicable laws of this
state, including but not limited to sections 514A.1 to through
514A.8 and sections 514A.10 through 514A.12. These rules may
include, but shall not be limited to, any of the following
subjects:
Sec. 322. Section 514D.4, subsection 2, Code 2021, is
amended to read as follows:
2. This section does not prohibit the issuance of a policy
which combines two or more of the categories of coverage
enumerated in paragraphs “a” to through “f” of subsection
1 . A category of coverage referred to in paragraph “g” , “h” ,
or “i” of subsection 1 shall not be combined in a policy or
contract either with another category of coverage referred to
in paragraph “g” , “h” , or “i” of subsection 1 or with a category
of coverage referred to in any of paragraphs “a” to through
“f” of subsection 1 unless a rule issued by the commissioner
specifically authorizes that combination of coverages.
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Sec. 323. Section 514D.7, subsection 2, Code 2021, is
amended to read as follows:
2. A policy of accident and sickness insurance which is
exempt from the provisions of sections 514A.1 to through 514A.8
and sections 514A.10 through 514A.12 by virtue of an exemption
set forth in section 514A.1 or 514A.8 .
Sec. 324. Section 515.41, Code 2021, is amended to read as
follows:
515.41 Certificate of authority.
The certificate and statements above contemplated in
sections 515.38 through 515.40 shall be filed in the division
and the commissioner of insurance shall deliver to the company
a copy of the report of the examination, in the event one
is made, together with the commissioner’s written permission
for it the company to commence the business proposed in its
articles of incorporation, which permission shall be its the
company’s authority to commence business and issue policies.
Sec. 325. Section 515.48, subsection 1, paragraph b, Code
2021, is amended to read as follows:
b. Loss by depreciation as herein referred to in this
subsection may include the cost of repair and replacement.
Sec. 326. Section 515.48, subsection 10, Code 2021, is
amended to read as follows:
10. Insure any additional risk not specifically included
within any of the foregoing classes enumerated in this section ,
which is a proper subject for insurance, is not prohibited
by law or contrary to sound public policy, and which, after
public notice and hearing, is specifically approved by
the commissioner of insurance, except title insurance or
insurance against loss or damage by reason of defective title,
encumbrances or otherwise. When such additional kind of
insurance is approved by the commissioner, the commissioner
shall designate within which classification of risks provided
for in section 515.49 it shall fall.
Sec. 327. Section 515.109, subsection 2, paragraph c, Code
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2021, is amended to read as follows:
c. The standard policy provided for herein in this section
need not be used for effecting reinsurance between insurers.
Sec. 328. Section 515.111, Code 2021, is amended to read as
follows:
515.111 Nuclear loss or damage excluded.
Insurers issuing the standard policy pursuant to section
515.109 are authorized to affix thereto to or include therein
within a policy a written statement that the policy does not
cover loss or damage caused by nuclear reaction or nuclear
radiation or radioactive contamination, all whether directly or
indirectly resulting from an insured peril under the policy.
However, that nothing contained in this section shall be
construed to prohibit the attachment to any such policy of an
endorsement or endorsements specifically assuming coverage for
loss or damage caused by nuclear reaction or nuclear radiation
or radioactive contamination.
Sec. 329. Section 515A.11, subsection 1, Code 2021, is
amended to read as follows:
1. Every group, association or other organization of
insurers which engages in joint underwriting or joint
reinsurance, shall be subject to regulation with respect
thereto as herein provided, subject, however, with respect to
joint underwriting, to all other provisions of this chapter
and, with respect to joint reinsurance, to sections 515A.12 and
515A.16 to through 515A.19 .
Sec. 330. Section 518B.2, Code 2021, is amended to read as
follows:
518B.2 Reimbursement fund created.
There is hereby created the federal riot reinsurance
reimbursement fund in the office of the treasurer of state
which shall be operated under the joint control of the
director of the department of administrative services and the
commissioner. The fund shall consist of all payments made by
insurers in accordance with the provisions of this chapter .
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The director of the department of administrative services
shall have the same power to enforce the collection of the
assessments provided hereunder under this chapter as any other
obligation due the state.
Sec. 331. Section 520.2, Code 2021, is amended to read as
follows:
520.2 Execution of contract.
Such Reciprocal or interinsurance contracts may be executed
by an attorney, agent, or other representative herein
designated as the attorney in fact , duly authorized and acting
for such subscribers under powers of attorney , and such . The
attorney may be a corporation. Such The attorney shall have
the power and authority to execute any and all instruments,
papers, and documents incident to and a part of the business
of the reciprocal or interinsurance exchange, including deeds
for the conveyance of real estate, and acquisition and sale
of securities. Such The attorney shall have the power and
authority to do all things necessary and incident to the
management and operation of such business. The certificate
of the commissioner of insurance certifying the name of the
attorney for any reciprocal or interinsurance exchange shall be
sufficient proof of the authority of any such attorney.
Sec. 332. Section 520.11, Code 2021, is amended to read as
follows:
520.11 Implied powers of corporations.
Any corporation now or hereafter organized under the laws
of this state shall, in addition to the rights, powers, and
franchises specified in its articles of incorporation, have
full power and authority to exchange insurance contracts of the
kind and character herein mentioned in this chapter . The right
to exchange such contracts is hereby declared to be incidental
to the purposes for which such corporations are organized and
as fully granted as the rights and powers expressly conferred.
Sec. 333. Section 523.11, Code 2021, is amended to read as
follows:
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523.11 Arbitrage transactions excepted.
The provisions of sections 523.7 , 523.8 , and 523.9 shall
not apply to foreign or domestic arbitrage transactions unless
made in contravention of such rules and regulations as the
commissioner may adopt in order to carry out the purposes of
sections 523.7 to through 523.10, this section, and sections
523.12 through 523.14.
Sec. 334. Section 523.12, Code 2021, is amended to read as
follows:
523.12 Equity security defined.
The term “equity security” when used in sections 523.7
to through 523.11, this section, and sections 523.13 and
523.14 means any stock or similar security; or any security
convertible, with or without consideration, into such a
security, or carrying any warrant or right to subscribe to or
purchase such a security; or any such warrant or right; or
any other security which the commissioner shall deem to be of
similar nature and consider necessary or appropriate, by such
rules and regulations as the commissioner may prescribe in the
public interest or for the protection of investors, to treat
as an equity security.
Sec. 335. Section 523.14, Code 2021, is amended to read as
follows:
523.14 Rules.
The commissioner shall have the power to make such rules
and regulations as may be necessary for the execution of the
functions vested in the commissioner by sections 523.7 to
through 523.13 , and may for such purpose classify domestic
stock insurance companies, securities, and other persons or
matters, within the commissioner’s jurisdiction. No provisions
of sections 523.7 , 523.8 , and 523.9 imposing any liability
shall apply to any act done or omitted in good faith in
conformity with any rule or regulation of the commissioner,
notwithstanding that such rule or regulation may, after such
act or omission, be amended or rescinded or determined by
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judicial or other authority to be invalid for any reason.
Sec. 336. Section 524.1305, subsection 6, Code 2021, is
amended to read as follows:
6. Safe-deposit boxes, the contents of which have not been
removed by the owners after the date specified in the notice
given under paragraph “b” of subsection 3 of this section ,
shall be opened under the supervision of the superintendent
and the contents placed in sealed packages which, together
with unclaimed property held by the state bank in safekeeping,
shall be transmitted to the treasurer of state. Amounts due to
depositors who are unknown, or who are under a disability and
there is no person legally competent to receive the amount, or
who cannot be found after the exercise of reasonable diligence,
shall be transmitted to the treasurer of state, together with a
statement giving the name of the person, if known, entitled to
the amount, the person’s last known address, the amount due the
person, and other information about the person as the treasurer
of state may reasonably require. All property transmitted
to the treasurer of state pursuant to this subsection shall
be treated as abandoned, retained by the treasurer of state,
and subject to claim, in the manner provided for in sections
556.14 to through 556.21 . All amounts due creditors described
in section 490.1440 shall be deposited with the treasurer of
state in accordance with that section. Such amounts shall be
retained by the treasurer of state and are subject to claim in
the manner provided for in section 490.1440 .
Sec. 337. Section 524.1602, subsection 3, Code 2021, is
amended to read as follows:
3. On which it has money loaned, credit extended , or holds
discounted or purchased evidences of indebtedness or agreements
for the payment of money, in violation of sections 524.904
through , 524.905, and 524.907.
Sec. 338. Section 524.1807, Code 2021, is amended to read
as follows:
524.1807 Penalties.
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Any bank holding company which willfully violates any
provision of sections 524.1801 524.1802 through 524.1806 shall,
upon conviction, be fined not less than one hundred dollars nor
more than one thousand dollars for each day during which the
violation continues. Any individual who willfully participates
in a violation of any provisions of sections 524.1801 524.1802
through 524.1806 shall be guilty of a serious misdemeanor.
Sec. 339. Section 535.11, subsection 3, Code 2021, is
amended to read as follows:
3. With respect to an account other than an open account,
the creditor may impose a finance charge not exceeding that
permitted by section 537.2201, subsections 2 to through 5 .
Sec. 340. Section 536.21, Code 2021, is amended to read as
follows:
536.21 Rules.
The superintendent is hereby authorized and empowered to
make adopt such reasonable and relevant rules pursuant to
chapter 17A as may be necessary for the execution and the
enforcement of the provisions of this chapter , in addition
hereto and not inconsistent herewith. All rules shall be filed
and entered by the superintendent in the banking division of
the department of commerce in an indexed, permanent book or
record, with the effective date thereof suitably indicated, and
such book or record shall be a public document.
Sec. 341. Section 537.5110, subsection 2, paragraph a, Code
2021, is amended to read as follows:
a. A creditor who believes in good faith that a consumer is
in default may give the consumer written notice of the alleged
default, and, if the consumer has a right to cure the default,
shall give the consumer the notice of right to cure provided
in section 537.5111 before commencing any legal action in any
court on an obligation of the consumer and before repossessing
collateral. However, this subsection and subsection 4 do not
require a creditor to give notice of right to cure prior to
the filing of a petition by a creditor seeking to enforce the
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consumer’s obligation in which attachment under chapter 639
is sought upon any of the grounds specified in section 639.3,
subsections 3 to through 12 .
Sec. 342. Section 543C.2, subsection 2, paragraph a, Code
2021, is amended to read as follows:
a. The names, addresses, and business background of
the subdivider as required in subsection 1 , paragraphs “a”
to through “d” . If such subdivider is a partnership or
corporation, the names, addresses, and business background of
each of the partners, officers, and principal stockholders, the
nature of their fiduciary relationship and their past, present,
or anticipated financial relationship to the subdivider.
Sec. 343. Section 543D.23, subsection 1, paragraphs d and e,
Code 2021, are amended to read as follows:
d. Rulemaking under chapter 17A , including orders on
petitions for rulemaking.
e. Orders on petitions for declaratory orders or waivers or
variances .
Sec. 344. Section 557A.3, Code 2021, is amended to read as
follows:
557A.3 Applicability to time-share programs located
out-of-state.
1. Sections 557A.4 to through 557A.10 apply only to
time-share programs located in Iowa.
2. Sections 557A.1 , 557A.2 , and 557A.11 to through 557A.20
apply to any time-share program, wherever located, which is
marketed in Iowa.
Sec. 345. Section 561.7, Code 2021, is amended to read as
follows:
561.7 Changes —— nonconsenting spouse.
1. The owner may, from time to time, change the limits of
the homestead by changing the metes and bounds, as well as the
record of the plat and description, or vacate it.
2. Such The changes described in subsection 1 shall not
prejudice conveyances or liens made or created previously
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thereto prior to the changes .
3. No such change of the entire homestead, made without the
concurrence of the other spouse, shall affect that spouse’s
rights, or those of the children.
Sec. 346. Section 573.14, subsection 1, Code 2021, is
amended to read as follows:
1. The fund provided for in section 573.13 shall be retained
by the public corporation for a period of thirty days after the
completion and final acceptance of the improvement. If at the
end of the thirty-day period claims are on file , as provided
the public corporation shall continue to retain from the unpaid
funds a sum equal to double the total amount of all claims
on file. The remaining balance of the unpaid fund, or if no
claims are on file, the entire unpaid fund, shall be released
and paid to the contractor.
Sec. 347. Section 573.23, Code 2021, is amended to read as
follows:
573.23 Abandonment of public work —— effect.
When a contractor abandons the work on a public improvement
or is legally excluded therefrom from work on a public
improvement , the improvement shall be deemed completed for the
purpose of filing claims as herein provided in this chapter ,
from the date of the official cancellation of the contract.
The only fund available for the payment of the claims of
persons for labor performed or material furnished shall be
the amount then due the contractor, if any, and if said that
amount be is insufficient to satisfy said the claims, the
claimants shall have a right of action on the bond given for
the performance of the contract.
Sec. 348. Section 591.12, Code 2021, is amended to read as
follows:
591.12 Effect of foregoing statutes.
Sections 591.1 to through 591.11 hereof shall not affect
pending litigation and shall not operate to revive rights or
claims previously barred, and shall not permit an action to be
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brought or maintained upon any claim or cause of action which
was barred by any statute which was in force prior to July 4,
1955.
Sec. 349. Section 600.5, subsection 11, Code 2021, is
amended to read as follows:
11. A description of the facilities and resources,
including those provided under a subsidy agreement pursuant
to sections 600.17 to through 600.22 , that the petitioner is
willing and able to supply for the nurture and care of any
minor person to be adopted.
Sec. 350. Section 600.18, subsection 1, Code 2021, is
amended to read as follows:
1. Any prospective adoptive parent desiring financial
assistance shall state this fact in the petition for adoption.
The department of human services shall investigate the person
petitioning for adoption and the child and shall file with the
juvenile court or court a statement of whether the department
will provide assistance as provided in sections section 600.17
to , this section, and sections 600.19 through 600.22, the
estimated amount, extent, and duration of assistance, and any
other information the juvenile court or court may order.
Sec. 351. Section 600.22, Code 2021, is amended to read as
follows:
600.22 Rules.
The department of human services shall adopt rules in
accordance with the provisions of chapter 17A , which are
necessary for the administration of sections 600.17 to through
600.21 and 600.23 .
Sec. 352. Section 600A.7, subsection 1, Code 2021, is
amended to read as follows:
1. The hearing on termination of parental rights shall be
conducted in accordance with the provisions of sections 232.91
to through 232.96 and otherwise in accordance with the rules of
civil procedure. Such hearing shall be held no earlier than
one week after the child is born.
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Sec. 353. Section 602.10122, subsection 5, Code 2021, is
amended to read as follows:
5. Soliciting legal business for the attorney or office,
either by the attorney or representative. Nothing herein
contained in this section shall be construed to prevent or
prohibit listing in legal or other directories, law lists and
other similar publications, or the publication of professional
cards in any such lists, directories, newspapers or other
publication.
Sec. 354. Section 614.17, subsection 2, Code 2021, is
amended to read as follows:
2. For the purposes of this section , section 614.17A , and
sections 614.18 to through 614.20 , a person who holds title
to real estate by will or descent from a person who held the
title of record to the real estate at the date of that person’s
death or who holds title by decree or order of a court, or
under a tax deed, trustee’s, referee’s, guardian’s, executor’s,
administrator’s, receiver’s, assignee’s, master’s in chancery,
or sheriff’s deed, holds chain of title the same as though
holding by direct conveyance.
Sec. 355. Section 624.28, Code 2021, is amended to read as
follows:
624.28 Priority.
Said The lien under section 624.27 shall be prior and
superior to the lien of any mortgage or trust deed executed
since July 4, 1862, by any railway corporation or partnership,
and prior and superior to the lien of any mortgage or trust
deed executed after August 9, 1897, by any interurban railway
or street railway corporation or partnership.
Sec. 356. Section 626.83, Code 2021, is amended to read as
follows:
626.83 Deficiency —— additional execution.
If the property levied on sells for less than sufficient
to satisfy the execution, the judgment holder may order
out another, which shall be credited with the amount of the
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previous sale. The proceedings under the second execution
shall conform to those hereinbefore prescribed in this chapter
for the first execution .
Sec. 357. Section 626.98, Code 2021, is amended to read as
follows:
626.98 Deed.
If the debtor or the debtor’s assignee fails to redeem,
the sheriff then in office must, at the end of the period for
redemption provided by law for the particular action, execute
a deed to the person who is entitled to the certificate as
hereinbefore provided in section 626.95 , or to that person’s
assignee. If the person entitled is dead, the deed shall be
made to the person’s heirs.
Sec. 358. Section 631.3, subsection 4, Code 2021, is amended
to read as follows:
4. Upon the request of a party to the action, the clerk or
a judicial officer shall issue subpoenas for the attendance of
witnesses at a hearing. Sections 622.63 to through 622.67 ,
622.69 , 622.76 , and 622.77 apply to subpoenas issued pursuant
to this chapter .
Sec. 359. Section 633.126, subsection 2, Code 2021, is
amended to read as follows:
2. “Fiduciary” , for the purposes of this section and
sections 633.127 to through 633.129 , means acting in any
of the following capacities, namely: testamentary trustee
appointed by any court, trustee under any written agreement,
declaration or instrument of trust, executor, administrator,
guardian, or conservator, custodian under chapter 565B , or
other capacity permitted under any state or federal law or
regulation governing collective investment funds maintained by
a bank or trust company.
Sec. 360. Section 633.198, Code 2021, is amended to read as
follows:
633.198 Attorney fee.
There shall also be allowed and taxed as part of the costs of
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administration of estates as an attorney fee for the personal
representative’s attorney, such reasonable fee as may be
determined by the court, for services rendered, but not in
excess of the schedule of fees herein provided in this part for
personal representatives.
Sec. 361. Section 633.210, Code 2021, is amended to read as
follows:
633.210 Rules of descent.
The estate of a person dying intestate shall descend as
provided in sections 633.211 to through 633.226 .
Sec. 362. Section 633.523, Code 2021, is amended to read as
follows:
633.523 No sufficient evidence of survivorship.
Where the title to property or the devolution thereof
depends upon priority of death, and there is no sufficient
evidence that the persons have died otherwise than
simultaneously, the property of each person shall be disposed
of as if the person had survived, except as provided otherwise
in sections 633.524 to through 633.527 .
Sec. 363. Section 636.3, Code 2021, is amended to read as
follows:
636.3 Defects rectified.
No A defective bond or other security or affidavit in any
case shall not prejudice the party giving or making it the
bond, security, or affidavit , provided it be so that the defect
is rectified, within a reasonable time after the defect is
discovered, so as not to cause essential injury to the other
party.
Sec. 364. Section 636.6, Code 2021, is amended to read as
follows:
636.6 New bond required.
Whenever the board of supervisors of any county shall have
knowledge that any attorney at law is surety upon any official
bond, above referred to as prohibited under section 636.5 , it
shall require said the officer to forthwith file a new bond.
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Sec. 365. Section 636.9, Code 2021, is amended to read as
follows:
636.9 Effect of affidavit.
The taking of such an affidavit under section 636.8 shall
not exempt the officer from any liability to which the officer
might otherwise be subject for taking insufficient security.
Sec. 366. Section 636.12, Code 2021, is amended to read as
follows:
636.12 Certificate revoked —— notice.
Should said the certificate of authority for a corporate
surety be withdrawn at any time, the commissioner of insurance
shall at once notify the clerk of each district court to that
effect.
Sec. 367. Section 636.32, Code 2021, is amended to read as
follows:
636.32 Receipt taken.
If said a fiduciary not governed by the probate code shall
otherwise discharge all the duties imposed upon that fiduciary
by such appointment, the fiduciary may take the receipt of
the clerk of the district court for such funds, moneys, or
securities so deposited, which receipt shall specifically
set forth from whom said funds, moneys, or securities, were
derived, the amount thereof, and the name of the person to whom
due or to become due, if known.
Sec. 368. Section 636.33, Code 2021, is amended to read as
follows:
636.33 Final discharge.
Said A fiduciary not governed by the probate code may file
the receipt described in section 636.32 with the fiduciary’s
final report, and if it shall be made to appear to the
satisfaction of the court that the fiduciary has in all other
respects complied with the law governing the fiduciary’s
appointment and duties, the court may approve such final report
and enter the fiduciary’s discharge.
Sec. 369. Section 641.5, Code 2021, is amended to read as
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follows:
641.5 Sheriff indemnified.
In case If any sheriff shall be is held liable to pay any
damages by reason of the wrongful execution of any writ of
attachment issued under sections 641.2 to through 641.4 and if
a judgment is rendered therefor for those damages , the amount
thereof of the judgment , when paid by such sheriff, shall
become a claim against the state in the sheriff’s favor, and a
warrant therefor for that amount shall be drawn by the director
of the department of administrative services upon proper proof.
Sec. 370. Section 657.2, subsection 8, Code 2021, is amended
to read as follows:
8. Any object or structure hereafter erected within one
thousand feet of the limits of any municipal or regularly
established airport or landing place, which may endanger or
obstruct aerial navigation, including take-off and landing,
unless such object or structure constitutes a proper use or
enjoyment of the land on which the same is located.
Sec. 371. Section 657.3, Code 2021, is amended to read as
follows:
657.3 Penalty —— abatement.
Whoever A person who is convicted of erecting, causing, or
continuing a public or common nuisance as provided in this
chapter , or at common law when the same common law has not been
modified or repealed by statute, where if no other punishment
therefor for the offense is specially provided, shall be guilty
of an aggravated misdemeanor and the . The court may order such
the nuisance abated , and issue a warrant as provided in this
chapter .
Sec. 372. Section 679A.9, Code 2021, is amended to read as
follows:
679A.9 Change of award by arbitrators.
On application of a party or, if an application to the
district court is pending under sections 679A.11 to through
679A.13 , on submission to the arbitrators by the district court
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under the conditions the district court orders, the arbitrators
may modify or correct the award upon the grounds stated in
section 679A.13, subsection 1 , paragraphs “a” and “c” , or for
the purpose of clarifying the award. The application shall
be made within twenty days after delivery of the award to the
applicant. Written notice of the application shall be given to
the opposing party, stating that the opposing party must serve
any objections to the application within ten days from the
notice. The modified or corrected award is subject to sections
679A.11 to through 679A.13 .
Sec. 373. Section 709.13, Code 2021, is amended to read as
follows:
709.13 Child in need of assistance complaints.
During or following an investigation into allegations of
violations of this chapter or of chapter 726 or 728 involving
an alleged victim under the age of eighteen and an alleged
offender who is not a person responsible for the care of the
child alleged victim , anyone with knowledge of the alleged
offense may file a complaint pursuant to section 232.83
alleging the child alleged victim to be a child in need of
assistance as defined under section 232.2 . In all cases, the
complaint shall be filed by any peace officer with knowledge of
the investigation when the peace officer has reason to believe
that the alleged victim may require treatment as a result of
the alleged offense and that the child’s alleged victim’s
parent, guardian, or custodian will be unwilling or unable to
provide the treatment.
Sec. 374. Section 901.1, Code 2021, is amended to read as
follows:
901.1 Short title.
Chapters 901 to through 909 shall be known and may be cited
as the “Iowa Corrections Code” .
Sec. 375. Section 903.3, Code 2021, is amended to read as
follows:
903.3 Work release.
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The court may direct that a prisoner sentenced to
confinement in a county jail, alternate jail facility, or
community correctional residential treatment facility, be
released from custody during specified hours, as provided by
sections 356.26 to through 356.35 .
Sec. 376. Section 910.3, subsections 7 and 8, Code 2021, are
amended to read as follows:
7. If the defendant has any mental or physical impairment
which would limit or prohibit the performance of a public
community service, the defendant shall so state. The court
may order a mental or physical examination, or both, of the
defendant to determine a proper course of action.
8. The court shall enter a permanent restitution order
setting out the amount of restitution including the amount of
public community service to be performed as restitution and
the persons to whom restitution must be paid. A permanent
restitution order entered at the time of sentencing is part of
the final judgment of sentence as defined in section 814.6 and
shall be considered in a properly perfected appeal.
Sec. 377. Section 915.36, subsections 1 and 5, Code 2021,
are amended to read as follows:
1. Prior to an arrest or the filing of an information or
indictment, whichever occurs first, against a person charged
with a violation of chapter 709 , section 726.2 , or section
728.12 , committed with or on a child, as defined in section
232.2 , the identity of the child or any information reasonably
likely to disclose the identity of the child shall not be
released to the public by any public employee except as
authorized by the court of having jurisdiction.
5. This section also applies to a child an alleged victim of
a violation of chapter 709 , section 726.2 , or section 728.12 ,
after attaining who has attained the age of eighteen but who
was a child, as defined in section 232.2, at the time the
violation occurred .
Sec. 378. 2019 Iowa Acts, chapter 89, section 22, subsection
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1, is amended to read as follows:
1. The section of this division of this Act amending section
29C.20 29C.20C .
Sec. 379. 2019 Iowa Acts, chapter 89, section 24, is amended
to read as follows:
SEC. 24. RETROACTIVE APPLICABILITY. The following applies
retroactively to the effective date of 2019 Iowa Acts, Senate
File 570 , if enacted:
The section of this division of this Act amending section
29C.20 29C.20C .
Sec. 380. Section 910.2B, subsection 1, unnumbered
paragraph 1, as enacted by 2020 Iowa Acts, chapter 1074,
section 73, is amended to read as follows:
All of the following, if entered by a district court prior
to the effective date of this division of this Act, shall be
converted to permanent restitution orders:
Sec. 381. 2020 Iowa Acts, chapter 1118, section 80, is
amended to read as follows:
SEC. 80. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 382. REPEAL. Sections 100B.8, 100B.9, and 256.85, Code
2021, are repealed.
DIVISION II
APPLICABILITY PROVISIONS
Sec. 383. RETROACTIVE APPLICABILITY. The following apply
retroactively to May 10, 2019:
1. The section of this Act amending 2019 Iowa Acts, chapter
89, section 22.
2. The section of this Act amending 2019 Iowa Acts, chapter
89, section 24.
Sec. 384. RETROACTIVE APPLICABILITY. The following applies
retroactively to June 25, 2020:
The section of this Act amending section 910.2B, as enacted
by 2020 Iowa Acts, chapter 1074, section 73.
Sec. 385. RETROACTIVE APPLICABILITY. The following applies
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retroactively to June 29, 2020:
The section of this Act amending 2020 Iowa Acts, chapter
1118, section 80.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill contains statutory corrections that adjust
language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities. The Code
sections amended include the following:
Division I:
Sections 7C.12, 12B.14, 15.108, 20.10, 24.9, 37.26, 37.27,
43.46, 48A.5, 84A.2, 86.12, 89A.6, 91A.12, 96.28, 97.50,
97.53, 97B.1A, 97B.43, 97B.56, 125.85, 144.41, 144.50, 144.56,
145A.7, 177A.19, 196.10, 205.8, 210.23, 218.92, 222.1, 222.2,
225.17, 227.2, 227.10, 227.15, 229.17, 229.19, 229.22, 229.24,
232.9, 232.11, 232.127, 232.142, 233A.11, 249.1, 256B.9,
257.22, 257B.28, 296.4, 306.19, 306.22, 306.27, 321.57,
321A.2, 321J.10, 323A.2, 327C.21, 327D.190, 327G.68, 331.303,
331.321, 331.323, 331.324, 331.341, 331.382, 331.402, 331.554,
331.559, 331.602, 331.653, 356.28, 356.30, 356.33, 356A.4,
359.45, 360.1, 364.17, 372.2, 384.54, 384.75, 384.76, 386.7,
419.13, 419.17, 420.41, 420.244, 420.245, 420.246, 421.17,
426A.15, 437.11, 437.12, 438.7, 441.56, 455B.473, 462A.14D,
468.259, 491.10, 491.107, 492.4, 492.10, 492.11, 492.12,
514D.4, 515A.11, 523.14, 524.1305, 535.11, 537.5110, 543C.2,
557A.3, 600.5, 600.22, 600A.7, 614.17, 631.3, 633.126, 633.210,
633.523, 679A.9, 901.1, and 903.3: Changes “to” to “through”
in string citations in all of these Code sections to conform
the string citations to similar string citations in the Code
and to clarify that the last reference in the string is part of
the citation.
Section 9G.6: Updates style and language and divides a long
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sentence into two sentences in this Code section relating to
the issuance of land patents by the secretary of state.
Sections 10.1 and 10.10: Redrafts language describing
membership interests in limited liability companies to remove
language that will be repealed on July 1, 2021, and to place
all of the remaining language in single lettered paragraphs.
Section 15.335: Adds the word “tax” before the word “year”
in two places to conform to similar language appearing earlier
in the same sentences in this provision relating to the
research activities corporate tax credit.
Section 15.354: Revises language in subsection 2, paragraph
“d”, relating to the review and scoring of new applications
for tax incentives for workforce house projects, to conform
to similar language regarding review and scoring of original
applications contained in subsection 2, paragraph “a”, that
indicates that it is the applications for funds, not the
applicants, that are reviewed and scored by the economic
development authority.
Sections 20.19, 24.24, 96.26, 125.3, 125.7, 135.79, 161A.48,
210.21, 210.24, 218.100, 225.15, 229.21, 260C.39, 275.11,
275.23, 275.24, 276.1, 276.3, 285.1, 331.362, 331.381, 331.401,
331.512, 331.552, 331.557, 427A.1, 427B.26, 437B.2, 441.47,
444.8, 514D.3, 514D.7, 523.11, 523.12, and 600.18: Redrafts
string citations in all of these Code sections, that currently
include two Code section citations and the word “to”, to
eliminate numeric self-references and references to repealed or
reserved Code sections, and to clarify that the last reference
in the former string citation is part of the citation.
Section 24.3: Updates an expression of a negative and
replaces the word “hereinafter” with “in this chapter” to
clarify this provision relating to the conditions precedent to
certification or levy of a property tax by a municipality.
Section 29B.1: Redrafts this Code section relating to
the applicability of the Iowa code of military justice to
alphabetize and place the applicable definitions within a
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single subsection, and to place the language of the short title
for Code chapter 29B in its own subsection.
Section 34A.2: Places language from two definitions
formerly found in Code section 476.96, that was repealed by
2018 Iowa Acts, chapter 1160, section 32, but is currently
referenced in these definitions that apply to the Code chapter
governing emergency telephone systems.
Section 35C.4: Updates to clarify and conform this
provision relating to actions for mandamus or judicial review
of denials of veterans preferences in employment, or reductions
of salary with the intent to bring about the resignation or
discharge of an incumbent employee or office holder, to current
Code style.
Section 43.3: Replaces the word “hereinafter” with “in this
chapter” to clarify the applicability of this Code section
governing offices affected by primary elections.
Section 43.13: Replaces the word “therein” with a reference
to Code section 43.11 to clarify language referencing back to
an earlier reference to Code section 43.11 in this provision
regarding the effect of a failure to file nomination papers for
a candidate on an official primary ballot.
Section 43.108: Updates language, deletes an incorrect
comma, and supplies a missing “or” to clarify language relating
to the organization of a state convention by a political party.
Section 44.10: Updates language and replaces the words “so
withdrawn” with specific language to clarify this provision
regarding the effect of a withdrawal of a candidate’s
nomination on the contents of an official ballot.
Section 54.8: Conforms language relating to ballots marked
in violation of an elector’s pledge in subsection 2 of this
Code section to similar language in subsection 3.
Section 74.2: Numbers unnumbered paragraphs, updates
language, divides a long sentence into two, and adds a comma
after a “subsection 1” reference in subsection 2, in this
provision relating to endorsement and interest on certain
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warrants that are presented to the treasurer of state.
Section 80.4: Replaces the word “aforesaid” with a
reference to the rest of this Code section pertaining to
allocation of the duties of the department of public safety to
clarify the meaning of this provision that provides additional
flexibility to the commissioner of public safety to make those
allocations.
Section 80.5: Strikes the word “hereinafter” to clarify
this provision outlining the general duties of the department
of public safety and to conform with the practice of assigning
duties to that department in various parts of the Code.
Section 80.9A: Adds the words “of the department” to conform
this provision to the balance of this Code section governing
the authority and duties of peace officers of the department
of public safety.
Section 80B.13: Adds the words “reserve peace officers” and
“reserve peace officer’s” in provisions relating to issuance of
certificates and the process for revocation or suspension of
certification to conform with changes made by 2020 Iowa Acts,
chapter 1037, that permitted the suspension and revocation of
certificates held by reserve peace officers by the Iowa law
enforcement academy council.
Section 85.31: Replaces an archaic reference to “aforesaid”
with specific subsection references to clarify this provision
regarding payment of workers’ compensation to dependents of an
employee who dies from work-related injuries.
Section 85.34: Strikes redundant, archaic internal
references to conform to similar references in paragraphs “w”
and “x” of this Code section pertaining to calculation of
workers’ compensation for permanent disabilities and during a
healing period for permanent partial disabilities.
Section 85.37: Redrafts language to eliminate obsolete
language and incorporate the current standard into the
remaining text in language relating to calculation of weekly
workers’ compensation benefit amounts for employees who have
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become temporarily totally disabled or who are within a healing
period for a permanent partial disability.
Section 85.61: Strikes language made redundant by identical
language contained in the lead-in paragraph, replaces an
archaic reference to “herein” with a Code chapter reference,
and replaces the use of “incompetent’s” as a noun with the term
“incompetent person’s” to conform to current Code style in
this definitions Code section for the Code chapter relating to
workers’ compensation.
Section 85.65A: Removes an archaic initial date while
retaining the deadline for an examination of the outstanding
liabilities of the second injury fund by the commissioner of
insurance.
Section 85A.3: Updates archaic language describing the
application of the Code chapter governing occupational diseases
to employers as defined by the workers’ compensation law.
Section 85A.11: Updates the language and style, removes an
archaic reference to the disease “brucellosis”, and divides
a long sentence into two in this provision relating to the
testing of employees for brucellosis and the process for
verification of those results of those tests.
Section 85A.13: Replaces “herein” with a reference to the
Code chapter in this provision regarding occupational disease
compensation for pneumoconiosis.
Section 89A.2: Conforms the use of terminology within an
exception to elevator maintenance, construction, alteration,
and installation requirements and clarifies the meaning of the
word “thereof” in this provision regarding the scope of the
Code chapter regulating elevators.
Section 96.9: Replaces the word “herein” with a subsection
reference to clarify the meaning of language relating to
deposit of funds requisitioned for the payment of expenses of
administration related to unemployment compensation.
Section 99.1A: Numbers unnumbered paragraphs, updates
language, and divides a long sentence into two in this
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provision prohibiting houses of prostitution or other
nuisances.
Section 99F.7A: Adds the word “sports” before the word
“wagering” within the term “advance deposit sports wagering”
to conform to other uses of that term within this subsection
regarding operating agreements by licensees to conduct this
type of wagering.
Sections 100B.8 and 100B.9: Repeals these two provisions
relating to the transition of employees and former location of
the fire service institute that was part of and located at Iowa
state university, but now is part of the department of public
safety and located at Camp Dodge.
Section 123.63: Updates language to clarify the meaning of
this Code section relating to issuance of a temporary writ of
injunction in an action to enjoin a nuisance.
Section 123.65: Replaces “herein” with a reference to the
Code section relating to contempt in this provision relating
to punishment for violations of injunctions issued against
nuisances.
Section 123.66: Replaces “hereunder” with more specific
language, based on similar language in Code section 123.67, in
this Code section relating to priority of actions to enjoin a
nuisance or to establish a violation of an injunction against a
nuisance over other business pending before the district court.
Section 124.204: Reenacts part of the language previously
contained in 2019 Iowa Acts, chapter 130, that could not be
codified due to changes made by 2020 Iowa Acts, chapter 1023,
to this Code section specifying the controlled substances that
fall within schedule I.
Section 124E.12: Strikes a reference to the department of
transportation to conform this provision, removing liability
for civil or disciplinary penalties by the board of medicine
or any other licensing board or entity for activities relating
to a patient’s possession or use of medical cannabidiol, to
similar changes made by 2020 Iowa Acts, chapter 1116.
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Section 135B.34: Corrects the applicability language for a
definition that applies to this Code section governing criminal
history and abuse record checks of hospital employees.
Section 135C.46: Updates a string citation by changing
the word “to” to “through” and by changing the last citation
to refer to Code section 135C.42 in language relating to
assessment and collection of penalties from health care
facilities by the director of inspections and appeals. Code
section 135C.43, which was removed from the citation, relates
to judicial review of final administrative actions of the
department of inspections and appeals.
Section 135P.3: Conforms the use of terminology within this
provision relating to adverse health care incidents in health
facilities to other uses within this same Code section and
to the definition of “health facility” found in Code section
135P.1.
Section 142.13: Updates language and replaces the word
“herein” with a chapter reference in this provision relating
to the burial of a deceased person whose body has been used for
scientific purposes in a private cemetery lot, if the person
owns or has the right of burial in that lot.
Section 144.5: Replaces the word “hereunder” with a Code
chapter reference in this provision relating to the duties of
the state registrar of vital statistics.
Section 144.20: Updates terminology used to describe the
social services entity that provides additional information
relating to adoptions to the court to conform to the
terminology currently used to describe those entities in Code
chapters 600 and 600A.
Section 144F.2: Adds references to the provisions within
Code chapter 232D that pertain to the powers and duties of a
guardian for a minor to language relating to the designation of
a lay caregiver to provide patient assistance after discharge
from a hospital. Those powers and duties were contained in
Code section 633.635, but were moved to Code chapter 232D by
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2019 Iowa Acts, chapter 56.
Section 144F.6: Adds a reference to the provision within
Code chapter 232D that governs the duties of a guardian for a
minor to this provision regarding construction of Code chapter
144F that relates to lay caregiver designations after patient
discharge from a hospital.
Section 148C.4: Adds the words “but is not limited to”
to reflect the breadth of the actual scope of practice of
physician assistants referenced earlier in this provision
describing medical services that physician assistants may
provide.
Section 148C.5: Deletes references to rules relating
to medical services by physician assistants that no longer
exist, and updates a reference to a rule that was amended and
renumbered as “v”, to conform to rulemaking changes made in ARC
5177C, IAB Vol. XLIII, No. 6, p. 504 (9/9/20).
Section 152.10: Changes “to” to “through” to clarify that
Code section 147.89 is a part of the string citation, and
changes “prescribe” to “adopt” to conform to Code chapter
17A terminology, in this provision regarding revocation or
suspension of nursing licenses.
Section 153.15: Reformats the style and changes the word
“herein” to “in this section” to clarify this Code section
regarding the scope of practice of dental hygienists.
Section 153.17: Replaces the word “herein” with a
Code chapter reference to reflect the location of all of
the exceptions to the prohibition against the practice of
dentistry, dental surgery, or dental hygiene by persons who are
not dentists, dental surgeons, or dental hygienists.
Section 153.33: Updates language and archaic internal
references, divides long sentences, and corrects an internal
reference to improve the clarity and readability of this
provision relating to the powers of the board of dentistry.
Section 154.1: Repeats language used earlier in a
sentence to replace “of the above pharmaceuticals” in this
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provision relating to the use of diagnostic and therapeutic
pharmaceuticals by optometrists.
Section 154.2: Replaces “herein defined” with “described
in this chapter” to reflect the content of the Code chapter
governing the practice of optometry in this provision relating
to the scope of the Code chapter.
Section 189.17: Replaces “established hereunder” with
“adopted pursuant to this subchapter” to clarify the meaning
and conform the language to other provisions referencing
rulemaking under Code chapter 17A in this provision.
Sections 190B.101, 190B.102, and 190B.103: Changes
references to “chapter” to “subchapter” in these provisions
that formerly were not part of a subchapter, but are now
contained in subchapter I of Code chapter 190B, to reflect the
addition of a new subchapter II by 2020 Iowa Acts, chapter
1074, and to reflect the fact that the definitions and other
provisions in what is now subchapter I do not apply to the new
subchapter II.
Section 200.8: Deletes an unnecessary phrase and moves the
word “the registrant” to place the subject and verb together
and to improve the readability of this provision regarding the
filing of annual statements relating to the distribution of
specialty fertilizer in this state.
Section 200.16: Divides a long sentence into two, moves
language, and updates the style to improve the readability
of this provision regarding stop sale orders for commercial
fertilizer or soil conditioners.
Section 200.18: Replaces “thereunder” in two places with
a Code chapter reference and the word “the” with “this” to
clarify this provision relating to requirements established
for and penalties for violations of requirements for
commercial fertilizer, soil conditioners, or anhydrous ammonia
installations, equipment, or operation.
Section 204.8: Changes language to more closely
resemble other language describing the maximum delta-9
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tetrahydrocannabinol concentration that may be present in a
hemp crop sample.
Section 208A.4: Numbers unnumbered paragraphs and updates
language to clarify this provision relating to state inspection
of antifreeze prior to sale.
Section 210.8: Replaces the word “herein” with a Code
chapter reference and changes “to” to “through” within a
string citation to clarify that the last Code section cited
is included within the citation in this provision regarding
standards for sale of dry commodities.
Section 210.18: Numbers unnumbered paragraphs and redrafts
a string citation, to eliminate a reference to a repealed Code
section and to clarify that the last Code section cited is part
of the citation, in this provision requiring that commodities
bought and sold by weight or measure conform to certain
standard weights and measures.
Section 217.3: Changes the words “board of welfare” to
“agency” to reflect the replacement of county boards of social
welfare with other entities beginning in 1993 with the changes
made by 1993 Iowa Acts, chapter 54.
Section 218.31: Replaces the word “same” with “witnesses”
and “thereto” with “to the investigation” to clarify and
improve the readability of this provision relating to
investigations of institutions by an administrator of the
department of human services.
Section 218.43: Updates archaic language to improve the
readability of this provision relating to deductions from
the wages of a resident of a department of human services
institution for the costs taxed to the resident for the
resident’s commitment to the institution.
Section 218.44: Updates archaic language to improve
the readability of this provision relating to payment of
wages earned by a resident of a department of human services
institution to dependents, the resident, or the county of
commitment for the costs of the resident’s care.
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Section 232.72: Replaces the word “they” with the words
“the office and the county attorney” to clarify the meaning
of this provision relating to transfers of reports and other
information pertaining to child abuse that have been received
in a county in which the child’s home is not located to the
county in which the child’s home is located.
Section 233A.15: Numbers unnumbered paragraphs, and
replaces a reference to “above” with a subsection reference to
clarify this provision relating the detailing of children at
the state training school to perform services at parks, game
and forest areas, and other lands under the jurisdiction of the
department of natural resources.
Section 252B.1: Adds a terminal comma before the last
item in a series and replaces a comma and the word “and” with
the word “or” to distinguish between two mutually exclusive
categories of persons in this definition of “child” under the
Code chapter governing child support recovery.
Section 256.43: Strikes a reference to Code section 256.9,
subsection 55, that contained language providing for the
establishment of the online learning program model until it was
stricken by 2020 Iowa Acts, chapter 1107, section 4, from this
provision regarding the establishment of an online learning
program model by the director of the department of education.
A reference to “program” is also stricken from subsection 1,
paragraph “i”, because the program model no longer exists.
Section 256.85: Repeals this Code section that permits the
Iowa public broadcasting division to use the Iowa facilities
improvement corporation resources to purchase energy efficiency
packages. The Iowa facilities improvement corporation filed
articles of dissolution with the secretary of state and was
dissolved in 2008.
Section 256B.6: Replaces the word “herein” with a Code
chapter reference in language regarding the enrollment of
children requiring special education in special classes or
supporting services provided by a school district or area
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education agency.
Section 260C.48: Deletes obsolete transition language
regarding community college instructor qualifications from this
provision establishing accreditation standards for community
college programs.
Section 261A.24: Replaces the word “the” with “this” to
clarify this provision relating to the issuance of obligations
and powers of the higher education loan authority.
Section 261E.11: Strikes language referring to an online
learning program that was eliminated by changes made in
2020 Iowa Acts, chapter 1107, in this provision regarding
internet-based and Iowa communications network coursework.
Section 272.2: Changes the word “crime” to “offense” to
conform the terminology to a definition of “offense directly
relates” that was added to Code section 272.1, and to other
similar changes made to terminology by 2020 Iowa Acts, chapter
1103, in this Code section relating to denial or revocation of
an education practitioner’s license because of certain conduct.
Section 279.9: Adds language similar to language found in
Code section 279.9B, divides a long sentence, and updates other
language to clarify and improve the readability of this Code
section regarding rules adopted by school boards governing the
use of tobacco, alcoholic beverages, or controlled substances
by students of the schools.
Section 280.3: Strikes a reference to subsection 3, that had
contained language regarding the core curriculum subject areas
that must be contained in the minimum educational program until
the subsection was stricken and rewritten by 2020 Iowa Acts,
chapter 1117, in this provision regarding the minimum education
program curriculum requirements for public and nonpublic
schools.
Section 280.19A: Strikes obsolete language from this
provision governing the development of plans for alternative
options education programs for at-risk students.
Section 294.11: Updates and simplifies language, and
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changes “to” to “through” within a string citation to clarify
that the last Code section is contained within the citation, in
this provision regarding the adoption of a resolution by the
board of directors of a school district to terminate a pension
and annuity retirement system.
Section 309.25: Updates language and divides a long
sentence into two to clarify and improve the readability of
this provision governing the considerations that must be made
by a county board of supervisors when adopting a secondary road
program or project.
Section 309.26: Updates language and divides a long
sentence into two to clarify and improve the readability of
this provision governing the provisional selection of roads
that are to be embraced within a secondary road program or
project.
Section 311.9: Updates language and punctuation, and
adds an internal reference to Code section 311.8, to clarify
this provision excluding publicly owned real estate from the
apportionment of costs of a proposed secondary road assessment
district project.
Section 311.15: Updates language to improve the clarity of
this provision relating to hearings and orders regarding the
proposed establishment of secondary road assessment districts.
Section 311.17: Changes punctuation and moves language
to improve the clarity of language relating to agreements
for installment payments of assessments for secondary road
assessment district projects that are over $500.
Section 320.6: Numbers unnumbered paragraphs and updates
language governing highways and the construction and
maintenance of mains, pipes, and cattleways.
Section 321.236: Strikes obsolete language relating to
parking violation forms that were superseded by changes to the
law requiring new forms in 1980 and in 2007 and clarifies the
applicability of the last Code section reference in a string
citation relating to powers of local authorities over the use
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of highways by replacing the word “to” with “through”.
Section 321.266: Rewrites a string citation to eliminate
an unnecessary self-reference that was editorially created
when 1976 Iowa Acts, chapter 1173, section 1, was codified as
subsection 4 of this Code section. The 1976 language did not
indicate placement for the new language and, when it was added,
it appears that the original reference to the entire Code
section was editorially altered to account for the addition of
subsection 4, although the reporting requirements are contained
in subsections 1 and 2 only.
Section 321.291: Changes the word “information” to
“citation or complaint” to reflect the fact that Code section
321.285 is punishable as a scheduled violation and would be
charged by citation or complaint.
Section 321.314: Replaces a reference to “hereinafter” with
a string citation to Code sections 321.315 through 321.318 in
this provision relating to when use of a turn signal of some
form is required.
Section 321.316: Updates an expression of a negative and
replaces a vague reference to “herein” with references to
provisions governing the signals that may be given by operators
of vehicles to indicate changes in vehicle speed or turns.
Section 321.318: Replaces a reference to “herein” with
a Code chapter reference in this provision relating to the
methods for the giving of signals by operators of vehicles.
Section 321.359: Updates language to clarify and connect
this provision relating to unlawful movement of a vehicle
by a person who does not own the vehicle to the immediately
preceding Code section that prohibits vehicles from being moved
to certain places.
Section 321.398: Strikes the unclear word “hereinbefore”
from this provision governing the lighting equipment required
for various vehicles.
Section 321.409: Replaces the expression “hereinafter
provided” with “otherwise provided in this chapter” to clarify
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language establishing requirements for the arrangement of
various lighting equipment on motor vehicles.
Section 321.420: Replaces the word “herein” with a Code
chapter reference to clarify this provision governing the
number of lamps on a motor vehicle that may be lighted at any
one time.
Section 321.501: Updates the language of this provision
governing the service of original notice of suit in an action
for damages from a motor vehicle accident upon a nonresident.
Section 321.507: Replaces “this law” with a series of
citations to the Code sections relating to actions for damages
from motor vehicle accidents that are maintained against
nonresidents in this provision relating to venue for those
actions.
Section 321A.10: Divides and redrafts language to improve
the readability of this provision relating to security that is
given following an accident under the Code chapter governing
motor vehicle financial responsibility.
Section 321A.23: Strikes the phrase “now or hereafter”,
that was enacted in 1947 Iowa Acts, chapter 172, and refers to
any time after that legislation’s effective date of October
1, 1947, from language providing that Iowa’s motor vehicle
financial responsibility law does not affect or apply to
automobile liability insurance policies that are required under
another state’s law, but permitting those policies to be used
to comply with Iowa’s law if they substantially conform.
Section 321A.30: Replaces “hereunder” with “under this
chapter” in this provision relating to sales of vehicles by
persons whose registration rights or privileges have been
suspended to other persons. This provision was enacted in
1947 Iowa Acts, chapter 172, and that Act was codified in Code
chapter 321A.
Sections 321J.12 and 321J.20: Adds the word “restricted”
between the words “temporary” and “license” to match
other terminology used in these Code sections relating to
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establishing requirements relating to the issuance and holding
of a temporary restricted license.
Section 327D.40: Replaces “to” with “through” in a string
citation to clarify that the last Code section is included
within the citation and updates archaic language to improve the
readability of this provision relating to rate-making between
railways for the transportation of property.
Section 327D.131: Replaces “to” with “through”
and eliminates a numeric self-reference to clarify the
applicability of the citation to the listed Code sections and
replaces “therein” with a reference to certificates to clarify
this provision relating to certificates of weights issued by
railways for carloads of bulk commodities that are transported
by rail.
Section 327D.132: Replaces “to” with “through” in a string
citation to clarify that the last Code section is included
within the citation and replaces the word “therein” with “in
those sections” to clarify this provision relating to penalties
for certain statutory violations by common carriers.
Section 329.6: Numbers unnumbered paragraphs and changes
“to” to “through” in a string citation to clarify that the last
Code section is included within the citation in this provision
relating to municipal zoning for airport areas.
Section 331.502: Replaces “to” with “through” in two
provisions to clarify that the last Code section listed in each
case is part of the citation string in this provision regarding
the duties of county auditors. In subsection 19, a reference
to Code section 306.31 is stricken from a series of citations
because the former duty of the county auditor to swear in
appraisers was stricken from that Code section by 1999 Iowa
Acts, chapter 171, section 31.
Section 335.12: Adds the words “of adjustment” in two
places and replaces “such” with “the” to clarify which board
is referenced in this provision relating to adoption of rules
by county boards of adjustment.
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Section 335.16: Replaces the words “above mentioned”
with a specific Code section reference for hypertext linkage
and adds the words “of adjustment” to clarify which board is
referenced in this provision relating to decisions by the board
of adjustment in appeals from orders, requirements, decisions,
or determinations made by a county officer, department, board,
or bureau.
Section 335.17: Adds the words “of adjustment” and
updates language to clarify this provision relating to the
vote required for a board of adjustment to reverse an order,
requirement, decision, or determination made by a county
officer, department, board, or bureau.
Section 335.19: Updates to conform this language to nearly
identical language found in Code section 303.62, in this
provision relating to writs of certiorari directed by a court
to a board of adjustment to review the decision of the board of
adjustment.
Section 335.20: Updates language and adds a reference
to the Code section describing the issuance of the writ of
certiorari to improve the clarity and to obviate a printing
error that was made during the publication of the 1971 Code, in
which the “t” in “thereof” was inadvertently dropped, in this
provision relating to the record that must be sent by a board
of adjustment to the reviewing court upon the issuance of a
writ of certiorari.
Section 335.21: Adds the words “of adjustment” and updates
language to clarify this provision relating to when costs may
be allowed against a board of adjustment by a court for board
decisions.
Section 335.27: Adds the word “then” to set off the balance
of the sentence from the prefatory clause, and replaces “to”
with “through” to clarify that the last provision listed is
part of the citation string, in this provision regarding county
agricultural land preservation ordinances.
Section 335.30: Strikes a comma after “including but not
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limited to” and adds a comma after “square footage” to clarify
that the clause relating to foundation, set-back, and minimum
square footage is one of the standards that must apply to both
manufactured homes and site-built, single-family dwellings that
are constructed on the same lot.
Section 349.10: Clarifies that the requirements of the Code
chapter pertaining to the selection of official newspapers do
not prevent applicant newspapers, that have been previously
rejected, from again applying to become an official newspaper
if all certified statements have been rejected.
Section 356.15: Conforms the second part of a sentence to
the initial language in the sentence in this provision relating
to charges and expenses that may be allowed for prisoners in
jails and municipal holding facilities.
Section 357.5: Replaces the word “such” with a specific
reference to the Code section that provides for the setting of
a hearing in this provision governing the decisions by boards
of supervisors regarding the establishment of a benefited water
district.
Section 357.8: Replaces the word “said” with a reference
to the Code section under which an engineer is appointed and
replaces “such” with the word “hydrants”, in this provision
relating to the preliminary plat showing water mains and
hydrants that is prepared by the engineer.
Section 357.14: Conforms the language describing the
results of an election on a proposed benefited water district
improvement to language contained in Code section 357.12,
divides a long sentence, and updates language in this provision
regarding procedures to be followed if a proposal for the
construction of an improvement is approved in an election.
Section 357.24: Removes a comma after “per diem” to
reconnect an essential clause to the rest of the sentence in
this provision relating to payment of fees for engineering
services for water district improvements.
Section 357.26: Adds a terminal comma before the last item
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to two series and replaces “therein” with “in the district” and
“it” with “the utility” in this provision relating to duties of
the trustees of a benefitted water district.
Section 359.31: Updates archaic language to improve the
readability of this provision regarding the power of township
trustees over cemeteries.
Section 390.3: Adds a comma after the word “notice” to
clarify the relationship between the items in the series and
the subsequent Code citations in this provision relating to
performance of joint agreements for electrical utilities.
Section 403.15: Replaces the word “hereunder” with a Code
chapter reference to clarify this provision relating to urban
renewal agencies.
Section 403.16: Redrafts to clarify language and conform
the style of this provision prohibiting public officials and
employees from having personal interests in urban renewal
projects to current Code style.
Section 414.2: Updates archaic language and strikes the
word “hereinafter” to clarify and improve the readability
of this provision relating to the division of a city into
districts for purposes of regulation of buildings and land use
and construction by the city council.
Section 414.7: Updates and clarifies language to improve
the readability of this provision relating to the appointment
of a board of adjustment by a city council.
Section 420.229: Updates language, changes “to” to
“through” and removes a self-reference in a string citation,
and replaces the word “hereby” with a Code chapter reference
in this provision that prescribes the methods of collection of
delinquent city taxes.
Section 420.240: Replaces “to” with “through” to clarify
that the last provision listed is part of the citation
string, replaces “herein” with a Code chapter reference in
two instances, and updates style of other language in this
provision relating to the applicability of Code sections
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providing for redemption of property sales of real estate for
delinquent taxes.
Section 420.247: Conforms the style of this Code section to
the style used in the surrounding Code sections and repeats a
Code section citation to facilitate hypertext linkage in this
provision relating to tax sales by special charter cities.
Section 421.27: Changes “this” to “the” to conform
the language of a subparagraph to the language of other
subparagraphs in this provision establishing penalties for
failure to timely file tax returns or pay taxes.
Section 422.5: Replaces the word “provision” with
“subparagraph”, replaces the word “herein” with a Code section
reference, and replaces “hereinafter” with a subchapter
reference to clarify this provision relating to tax rates that
are to be imposed upon the taxable income of every resident and
certain nonresidents of this state.
Section 422.7: Strikes an obsolete provision relating to
deductions from a taxpayer’s income for wages paid to persons
who were on parole or probation and to whom the interstate
probation and parole compact under Code section 907A.1,
Code 2001, applied. A definition of the term “elementary or
secondary school” is also redrafted to conform to current Code
style and to improve readability. The old interstate probation
and parole compact was replaced with the interstate compact for
adult offender supervision that is contained in Code chapter
907B.
Section 422.12: Updates and simplifies archaic language in
this provision relating to deductions that may be made from
computed income tax.
Section 422.35: Strikes an obsolete provision relating to
deductions from corporate income for wages paid to persons
who were on parole or probation and to whom the interstate
probation and parole compact under Code section 907A.1, Code
2001, applied. The old interstate probation and parole compact
was replaced with the interstate compact for adult offender
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supervision that is contained in Code chapter 907B.
Section 422.89: Changes “amount” to “amounts” to clarify
this provision enumerating situations in which penalties for
underpayment of tax will not be imposed.
Section 427.1: Replaces “herein” with a subsection
reference to clarify this provision regarding the recording
of deeds or leases for the property of religious, literary,
and charitable societies for the purposes of exempting those
properties from property taxation.
Section 428A.1: Changes “to” to “through” in three string
citations to clarify that the last subsection cited is included
within the citation and adds the word “the” to improve the
readability of this provision relating to declarations of value
for purposes of calculation of the real estate transfer tax.
Section 441.22: Changes a string citation to a reference
to Code chapter 427C, which currently consists, but did not
always, of all of the Code sections in the current string
citation in this provision exempting certain forest and
fruit-tree reservations from property taxation.
Section 443.2: Numbers unnumbered paragraphs and changes
“to” to “through” within a string citation to clarify that the
last subsection should be included within the string within
this provision describing the contents and purpose of the
county auditor record known as the tax list.
Section 455B.137: Corrects a referencing error made in
this provision, relating to privileged information held by the
department of natural resources, in 2002, when Code sections
were moved from division II of Code chapter 455B to become what
is now Code chapter 459, the animal agriculture compliance Act,
by 2002 Iowa Acts, chapter 1137.
Section 455B.183: Changes “to” to “through” to clarify
that the last subsection in a string citation is part of the
string and changes “department” to “commission” in one instance
to conform to similar changes made by 2020 Iowa Acts, chapter
1032, in this provision relating to standards for construction
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of waste disposal systems and public water supply systems.
Section 455B.223: Replaces the word “herein” with a part
reference, to reflect the defining of the term “operator”
in Code section 455B.211, and replaces the word “said” with
“this” to clarify this provision requiring competent operators
for water treatment plants, water distribution systems, and
wastewater treatment plants.
Section 455B.224: Replaces “thereunder” with a part
reference in three places, replaces “thereof” with “of the
violation”, and “said” with “this” in two places to update and
clarify this provision establishing a penalty for violations of
water treatment requirements.
Section 455B.307: Replaces “the” with “this” in three
places to clarify this provision relating to measures that may
be taken by the director of the department of natural resources
and the attorney general to secure compliance with or prevent
violations of the Code sections and administrative rules
establishing solid waste disposal requirements.
Section 455B.803: Strikes obsolete language requiring the
environmental protection commission to submit recommendations
to the general assembly regarding the necessity of continuing
enforcement of mercury-added switch removal, collection, and
recovery plan requirements.
Section 456A.24: Replaces “hereinafter” and “above” with
subsection references and updates other language to clarify
this provision relating to acquisition of lands for public
hunting, fishing, and trapping areas; fish hatcheries, fish
nurseries, game farms, and animal refuges; and for other works
of the department of natural resources; and makes changes
to clarify a series regarding payment of salaries, wages,
compensation, traveling, and other expenses of the department
of natural resources.
Section 458A.2: Replaces “hereinabove” with a Code
section reference, to correct a referencing error made in the
preparation of the 1991 Iowa Code when the definitions in this
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Code section were alphabetized, and conforms the style of an
alphanumeric list to current Code style in this definitions
Code section for the Code chapter pertaining to exploration for
oil, gas, and other minerals.
Section 458A.16: Moves language and sets out the elements of
the prohibited activities in this provision penalizing certain
activities done in violation of requirements established by the
department of natural resources for the exploration for oil,
gas, and other minerals.
Section 459.501: Corrects two incorrect references in
this provision relating to compensation under the livestock
remediation fund for abandoned animals that have been seized by
the department of agriculture and land stewardship.
Section 460.302: Adds a comma after a date at the end
of a prefatory clause in this provision relating to a pilot
demonstration and research project to eliminate groundwater
contamination from agricultural chemicals and agricultural
drainage wells.
Section 461A.34: Redrafts to clarify the meaning and
improve the readability of this Code section regarding
municipal, individual, and corporate powers to establish parks.
Section 461A.44: Replaces the word “same” with more
specific language to clarify this provision prohibiting
entrance onto park or preserve property without permission from
department of natural resources officials.
Section 461A.59: Redrafts to clarify the meaning and
improve the readability of this Code section regarding the
establishment of water recreational areas by municipalities or
private corporations.
Section 461A.61: Replaces “said petition” with more
specific language to clarify this provision relating to
petitions to establish a water recreational area.
Section 462A.29: Replaces “its” with “and the commission’s”
to clarify this provision exempting peace officers, the natural
resource commission, and deputies, agents, and employees
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of the commission from liability for engaging in certain
employment-related activities.
Section 468.37: Updates language to clarify this provision
regarding contracts for improvements in districts established
to deal with surface water drainage issues.
Section 468.71: Updates language to clarify this provision
relating to improvement certificates issued to authorize
the bearer to collect and receive assessments for drainage
improvements.
Section 468.72: Updates language to clarify this provision
regarding the interest rate for drainage improvement
certificates.
Section 468.214: Replaces “herein” with a part reference
to clarify this provision relating to the applicability of
the Code provisions in the Code chapter regarding levee and
drainage districts and improvements to damages, personnel,
work, assessments and taxes, improvement certificates and
drainage or levee bonds, and various proceedings relating to
all of those things.
Section 468.274: Replaces the word “same” with “report”
in this provision regarding the notice that must be given if
the drainage commissioners and an engineer determine that an
intercounty drainage or levee district should be established.
Section 468.371: Replaces “aforesaid” with a part reference
and updates other language to clarify the meaning of this
provision relating to registration of bonds issued to finance
the indebtedness of drainage or levee districts that operate
a pumping station.
Section 468.553: Replaces “aforesaid” with a part
reference, updates other language, and divides a long sentence
to clarify the meaning of this provision relating to records of
drainage refunding bonds executed to extend the financing of
indebtedness of drainage or levee districts.
Section 476.4: Strikes the ambiguous word “aforesaid”
to simplify this provision relating to the effectiveness of
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tariffs filed with the utilities board on or prior to July 4,
1963.
Section 476.22: Replaces a string citation that uses the
word “to” with a subchapter reference to clarify that the
string citation includes all of the Code sections that appear
within subchapter II of the Code chapter relating to public
utility regulation.
Section 476.49: Replaces Code provision references with
the language that actually appears in the Code provisions
referenced, because those provisions reference yet another Code
section, to simplify the referencing within this definition of
the term “distributed generation facility”.
Section 478.10: Strikes an ambiguous use of the word “such”
and updates the remainder of the language to clarify and
improve the readability of this provision relating to notices
regarding and the effect of transfers of electric transmission
line franchises.
Section 481A.33: Redrafts to update the language and to
divide two separate offenses from each other in this provision
establishing penalties for erection of improper dams or other
obstructions and injury or destruction of lawful dams.
Section 495.1: Changes “to” to “through” within a string
citation to clarify that the last Code section referenced is
included within the citation and divides a long sentence in
two in this provision relating to the applicability of Code
provisions regarding the issuance of capital stock by foreign
corporations that directly or indirectly own, use, operate,
or control certain public utilities and interurban and street
railways.
Section 508.32: Redrafts and reformats language which
includes definitions of terms to highlight those definitions,
relocates and alphabetizes all definitions to conform to
current Code style, and redesignates the resulting subsections
and paragraphs in this provision regarding proceeds of life
insurance policies and annuity contracts that are held in trust
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by a life insurance company.
Section 511.2: Redrafts language to conform to current Code
style and to reflect language currently contained in the Code
section headnote in this provision prohibiting officers and
directors of life insurance companies from profiting from the
investment of funds of the companies.
Section 515.41: Replaces a reference to “above” with a
Code section string citation and the words “it” and “its”
with references to the company in this provision regarding
certificates of authority that will be issued by the insurance
commissioner for an insurance company, which is not a life
insurance company, after the company has filed certain
documentation with the commissioner.
Section 515.48: Replaces a reference to “herein” with a
subsection reference in this provision regarding insurance
policies that may be issued by insurance companies, other than
life insurance companies, for losses incurred by depreciation.
Section 515.109: Replaces the word “herein” with the words
“in this section” in this provision establishing the form for
fire insurance policies.
Section 515.111: Replaces “thereto” with “to” and “therein”
with “within a policy” and strikes an unnecessary “that” to
clarify and improve the readability of this provision allowing
insurance companies, other than life insurance companies,
to exclude from coverage, under policies issued by those
companies, loss or damage caused by nuclear reaction, nuclear
radiation, or radioactive contamination.
Section 518B.2: Replaces “hereunder” with “under this
chapter” to clarify this provision regarding the federal riot
reinsurance reimbursement fund.
Section 520.2: Divides a long sentence and redrafts
language to update and clarify this provision relating to
execution of reciprocal or interinsurance contracts.
Section 520.11: Strikes an archaic reference to “now
or hereafter” and replaces a reference to “herein” with a
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Code chapter reference in this Code section relating to the
implied power of a corporation to enter into reciprocal or
interinsurance contracts.
Section 524.1602: Adds a terminal comma before the last
item in a series and redrafts a string citation to eliminate a
reference to a reserved Code section in language relating to
certain conduct for which the superintendent of banking may
impose a penalty on a state bank.
Section 524.1807: Removes the first Code section currently
cited in a string citation, because that Code section only
contains definitions of terms, in this provision imposing
penalties upon bank holding companies for violations of the
Code sections listed in the citation string.
Section 536.21: Replaces obsolete language establishing a
separate mechanism for the adoption, filing, and publication
of rules by the superintendent of banking regarding regulated
loans with language citing to the Iowa administrative procedure
Act, found in Code chapter 17A, that is currently being
followed by the superintendent for the adoption of rules on
this subject.
Section 543D.23: Adds a citation to Code chapter 17A to
improve hypertext linkage, and strikes the term “variance” to
conform to changes made to Code section 17A.9A by 2020 Iowa
Acts, chapter 1090, in this provision relating to the authority
of the superintendent of banking over the real estate appraiser
examining board.
Section 561.7: Numbers unnumbered paragraphs, updates
style, and clarifies the language in this provision relating
to changes to the limits of a homestead by the owner and the
effect of those changes on a spouse’s rights, or those of the
children.
Section 573.14: Strikes the ambiguous phrase “as provided”
and adds a comma in this provision relating to retention
of unpaid funds by a public corporation for work done on a
public improvement. In 1991 Iowa Acts, chapter 148, the word
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“herein” that appeared before the word “provided” was stricken,
effectively removing the reference point for the “as provided”
phrase.
Section 573.23: Replaces “therefrom” with “from work on
a public improvement”, replaces “herein” with a Code chapter
reference, and updates other language to clarify this provision
relating to the effect of abandonment of work by a contractor
on a public improvement on various claims for payment.
Section 591.12: Changes “to” to “through” in a string
citation to clarify that the last Code section listed is
included within the citation and strikes the word “hereof”
to clarify this provision relating to the effect of the Code
sections cited on certain corporations that were incorrectly
incorporated under prior law.
Section 602.10122: Replaces the word “herein” with “in
this section” to clarify this provision relating to permissive
and prohibited forms of solicitation of legal business by
attorneys.
Section 624.28: Replaces the ambiguous word “such” with
a Code section citation to clarify this provision regarding
the priority that must be given certain judgment liens against
railway corporations or partnerships.
Section 626.83: Replaces the word “hereinbefore” with
“in this chapter for the first execution” in this provision
describing the process for execution on additional property if
a first execution upon a debtor’s property fails to satisfy a
judgment.
Section 626.98: Replaces reference to “hereinbefore” with a
specific Code section reference in this Code section relating
to the person to whom a sheriff must execute a deed for land
that has been levied upon and sold on execution after the
period of redemption has expired.
Section 633.198: Replaces the word “herein” with a part
reference in this provision relating to attorney’s fees allowed
on estates. The schedule of fees for personal representatives
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that is referenced is contained in Code section 633.197 and is
within the same part as this Code section.
Section 636.3: Updates archaic language to clarify and
improve the readability of this Code section pertaining to the
rectifying of defects in bonds, securities, or affidavits given
by a party to a proceeding.
Section 636.6: Replaces the words “above referred to” with
“as prohibited under section 636.5” in this provision relating
to when a new bond may be required by a board of supervisors of
a county for any officer who is required to post an official
bond.
Section 636.9: Strikes the word “such” and inserts a
specific reference to the Code section describing the making of
the affidavit described in this Code section as not necessarily
exempting an officer from liability.
Section 636.12: Replaces ambiguous language with more
specific language to clarify this provision relating to the
effect of a withdrawal of a certificate of authority of a
surety company on the list of corporate sureties that the
commissioner of insurance files with the district court of each
county.
Sections 636.32 and 636.33: Replaces the words “said
fiduciary” with “a fiduciary not governed by the probate code”
in these two provisions relating to the winding up of affairs
of an estate and the duties of fiduciaries not governed by the
probate code.
Section 641.5: Updates language to clarify and improve
readability, and changes “to” to “through” in a string citation
to clarify that the last Code section is included within the
citation, in this provision relating to indemnification of a
sheriff for the wrongful execution of a writ of attachment.
Section 657.2: Strikes the archaic word “hereafter”
which was enacted in 1933 Iowa Acts, chapter 183, and refers
to the time period after that enactment, in this provision
classifying certain objects or structures erected or maintained
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within certain distances from an airport or landing place as
a nuisance.
Section 657.3: Updates archaic language to improve the
readability of this provision penalizing and providing for the
ordering of abatement of nuisances by the court.
Section 709.13: Conforms terminology within this Code
section to avoid confusion between the differing definitions of
the term “child” under Code chapter 232 and the term “child” as
used in the chapters constituting the criminal code.
Section 910.3: Replaces references to “public service”
with references to “community service” to conform to other
references to that type of service elsewhere in this Code
chapter and under the Code sections governing restitution.
Section 915.36: Rewrites language to improve the
readability of these two provisions regarding the protection of
privacy of victims of sexual abuse or incest who are under the
age of 18.
2019 Iowa Acts, chapter 89: Corrects two internal
references in this 2019 Iowa Act that amended Code section
29C.20C. This correction is made retroactively applicable to
May 10, 2019, in division II of the bill.
2020 Iowa Acts, chapter 1074: Corrects an internal
reference to the “effective date of this Act” in language
enacted in Code section 910.2B, because this Act had multiple
divisions and multiple effective dates. This correction is
made retroactively applicable to June 25, 2020, in division II
of the bill.
2020 Iowa Acts, chapter 1118: Corrects an internal
reference in an effective date provision in a division of
this 2020 Iowa Act that had multiple divisions and multiple
effective dates. This correction is made retroactively
applicable to June 29, 2020, in division II of the bill.
Division II of the bill provides for the retroactive
applicability of various amendments to 2019 and 2020 Iowa Acts,
based upon the effective dates and applicability dates of the
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original enactments.
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