Bill Text: IA SSB1227 | 2015-2016 | 86th General Assembly | Introduced


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

Spectrum: Unknown

Status: (Introduced - Dead) 2015-03-03 - Voted - Judiciary. [SSB1227 Detail]

Download: Iowa-2015-SSB1227-Introduced.html
Senate Study Bill 1227 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including effective date and retroactive applicability 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 2080SC (28) 86 lh/rj
S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 8A.315, subsection 5, Code 2015, is 3 amended to read as follows: 4 5. Information on recycled content shall be requested on all 5 bids for paper products other than printing and writing paper 6 issued by the state and on other bids for products which could 7 have recycled content such as oil, plastic products, including 8 but not limited to compost materials, aggregate, solvents, 9 soybean-based inks, and rubber products. Except for purchases 10 of printing and writing paper made pursuant to subsection 2 , 11 paragraphs “c” and , “d” , and “e” , the department shall require 12 persons submitting bids for printing and writing paper to 13 certify that the printing and writing paper proposed complies 14 with the requirements referred to in subsection 2 , paragraph 15 “a” . 16 Sec. 2. Section 8A.504, subsection 2, paragraph b, Code 17 2015, is amended to read as follows: 18 b. Before setoff, the public agency shall obtain and forward 19 to the collection entity the full name and social security 20 number of the person liable to it the public agency or to whom 21 a claim is owing who is a natural person. If the person is 22 not a natural person, before setoff, the public agency shall 23 forward to the collection entity the information concerning the 24 person as the collection entity shall, by rule, require. The 25 collection entity shall cooperate with other public agencies in 26 the exchange of information relevant to the identification of 27 persons liable to or claimants of public agencies. However, 28 the collection entity shall provide only relevant information 29 required by a public agency. The information shall be held in 30 confidence and used for the purpose of setoff only. Section 31 422.72, subsection 1 , does not apply to this paragraph. 32 Sec. 3. Section 12B.10, subsection 5, paragraph a, 33 subparagraphs (6) and (7), Code 2015, are amended to read as 34 follows: 35 -1- LSB 2080SC (28) 86 lh/rj 1/ 140
S.F. _____ (6) An open-end management investment company registered 1 with the federal securities and exchange commission under the 2 federal Investment Company Act of 1940, 15 U.S.C. §80a §80a-1 , 3 and operated in accordance with 17 C.F.R. §270.2a-7. 4 (7) A joint investment trust organized pursuant to chapter 5 28E prior to and existing in good standing on the effective 6 date of this Act or a joint investment trust organized pursuant 7 to chapter 28E after April 28, 1992, provided that the joint 8 investment trust shall either be rated within the two highest 9 classifications by at least one of the standard rating services 10 approved by the superintendent of banking by rule adopted 11 pursuant to chapter 17A and operated in accordance with 17 12 C.F.R. §270.2a-7, or be registered with the federal securities 13 and exchange commission under the federal Investment Company 14 Act of 1940, 15 U.S.C. §80a §80a-1 , and operated in accordance 15 with 17 C.F.R. §270.2a-7. The manager or investment advisor of 16 the joint investment trust shall be registered with the federal 17 securities and exchange commission under the Investment Advisor 18 Act of 1940, 15 U.S.C. §80b §80b-1 . 19 Sec. 4. Section 12B.10, subsection 6, paragraph l, Code 20 2015, is amended to read as follows: 21 l. Investments in a qualified trust established pursuant 22 to governmental accounting standards board statement number 23 forty-three that is governed by a board of trustees of a joint 24 investment trust organized pursuant to chapter 28E and that is 25 registered with the federal securities and exchange commission 26 under the federal Investment Company Act of 1940, 15 U.S.C. 27 §80a §80a-1 . 28 Sec. 5. Section 12B.10C, subsection 2, Code 2015, is amended 29 to read as follows: 30 2. As used in this section , “public funds custodial 31 agreement” means any contractual arrangement pursuant to 32 which one or more persons, including but not limited to 33 investment advisors, investment companies, trustees, agents 34 and custodians, are authorized to act as a custodian of or to 35 -2- LSB 2080SC (28) 86 lh/rj 2/ 140
S.F. _____ designate another person to act as a custodian of public funds 1 or any security or document of ownership or title evidencing 2 public funds investments other than custodial agreements 3 between an open-end management investment company registered 4 with the federal securities and exchange commission under the 5 federal Investment Company Act of 1940, 15 U.S.C. §80a §80a-1 6 and a custodian bank. 7 Sec. 6. Section 13.2, subsection 1, paragraph p, Code 2015, 8 is amended to read as follows: 9 p. Submit a report by January 15 of each year to the 10 co-chairpersons and ranking members of the joint appropriations 11 subcommittee on the justice system, to the executive council, 12 and to the legislative services agency detailing the amount 13 of annual money receipts generated by each settlement or 14 judgment in excess of two hundred fifty thousand dollars 15 collected pursuant to legal proceedings under chapters 455B , 16 553 , and 714 . The report shall include the name of the 17 civil or criminal case involved, the court of jurisdiction, 18 the settlement amount, including the state’s share of the 19 settlement amount , the name of the fund in which the receipts 20 were deposited, and the planned use of the moneys. 21 Sec. 7. Section 13.32, subsection 1, paragraph a, 22 subparagraphs (1) and (2), Code 2015, are amended to read as 23 follows: 24 (1) A mission statement and table of organization of the 25 department of justice relating to the victim assistance grant 26 programs, a program summary , and statistics, including but not 27 limited to sources and uses of funds and the numbers of victims 28 served. 29 (2) An itemization of out-of-state travel expenses incurred 30 by an employee of the department of justice and an itemization 31 of such travel expenses paid to a contractor. 32 Sec. 8. Section 13C.1, Code 2015, is amended by adding the 33 following new unnumbered paragraph before subsection 1: 34 NEW UNNUMBERED PARAGRAPH . As used in this chapter, unless 35 -3- LSB 2080SC (28) 86 lh/rj 3/ 140
S.F. _____ the context otherwise requires: 1 Sec. 9. Section 15.105, subsection 1, paragraph a, 2 subparagraph (1), subparagraph division (a), Code 2015, is 3 amended to read as follows: 4 (a) Two members from each United States congressional 5 district established under section 40.1 in the state. 6 Sec. 10. Section 15.294, subsection 4, Code 2015, is amended 7 by striking the subsection. 8 Sec. 11. Section 15.333, subsection 2, unnumbered paragraph 9 1, Code 2015, is amended to read as follows: 10 For purposes of this subsection section , “new investment 11 directly related to new jobs created by the project” means the 12 cost of machinery and equipment, as defined in section 427A.1, 13 subsection 1 , paragraphs “e” and “j” , purchased for use in 14 the operation of the eligible business, the purchase price 15 of which has been depreciated in accordance with generally 16 accepted accounting principles, the purchase price of real 17 property and any buildings and structures located on the real 18 property, and the cost of improvements made to real property 19 which is used in the operation of the eligible business. “New 20 investment directly related to new jobs created by the project” 21 also means the annual base rent paid to a third-party developer 22 by an eligible business for a period not to exceed ten years, 23 provided the cumulative cost of the base rent payments for that 24 period does not exceed the cost of the land and the third-party 25 developer’s costs to build or renovate the building for the 26 eligible business. The eligible business shall enter into a 27 lease agreement with the third-party developer for a minimum 28 of five years. If, however, within five years of purchase, 29 the eligible business sells, disposes of, razes, or otherwise 30 renders unusable all or a part of the land, buildings, or other 31 existing structures for which tax credit was claimed under this 32 section , the tax liability of the eligible business for the 33 year in which all or part of the property is sold, disposed of, 34 razed, or otherwise rendered unusable shall be increased by one 35 -4- LSB 2080SC (28) 86 lh/rj 4/ 140
S.F. _____ of the following amounts: 1 Sec. 12. Section 16.1A, subsection 2, paragraph b, Code 2 2015, is amended to read as follows: 3 b. Programs established by the authority which the authority 4 finds useful and convenient to further goals of the authority 5 and which are consistent with the legislative findings. Such 6 programs shall be administered in accordance with section 16.4 7 subchapter III . Such additional programs shall be administered 8 in accordance with rules, if any, which the authority 9 determines useful and convenient to adopt pursuant to chapter 10 17A . 11 Sec. 13. Section 16.2A, Code 2015, is amended to read as 12 follows: 13 16.2A Title guaranty division —— board. 14 1. A title guaranty division is created within the 15 authority. The division may also be referred to as Iowa title 16 guaranty. The powers of the division relating to the issuance 17 of title guaranties are vested in and shall be exercised by a 18 title guaranty division board of five members appointed by the 19 governor subject to confirmation by the senate. The membership 20 of the title guaranty division board shall include an attorney, 21 an abstractor, a real estate broker, a representative of a 22 lending institution that engages in mortgage lending, and 23 a representative of the housing development industry. The 24 executive director of the authority shall appoint an attorney 25 as director of the title guaranty division, who shall serve 26 as an ex officio member of the title guaranty division board. 27 The appointment of and compensation for the division director 28 are exempt from the merit system provisions of chapter 8A, 29 subchapter IV . 30 2. Members of the title guaranty division board shall be 31 appointed by the governor for staggered terms of six years 32 beginning and ending as provided in section 69.19 . A person 33 shall not serve on the title guaranty division board while 34 serving on the authority board. A person appointed to fill 35 -5- LSB 2080SC (28) 86 lh/rj 5/ 140
S.F. _____ a vacancy shall serve only for the unexpired portion of the 1 term. A member is eligible for reappointment. A member of the 2 title guaranty division board may be removed from office by the 3 governor for misfeasance, malfeasance, or willful neglect of 4 duty or for other just cause, after notice and hearing, unless 5 notice and hearing is expressly waived in writing. 6 3. Three members of the title guaranty division board shall 7 constitute a quorum. An affirmative vote of a majority of the 8 appointed members is necessary for any substantive action taken 9 by the division. 10 4. Members of the title guaranty division board are entitled 11 to receive a per diem as specified in section 7E.6 for each 12 day spent in performance of duties as members and shall be 13 reimbursed for all actual and necessary expenses incurred in 14 the performance of duties as members. 15 5. Members of the title guaranty division board and the 16 executive director shall give bond as required for public 17 officers in chapter 64 . 18 6. Meetings of the title guaranty division board shall be 19 held at the call of the chair of the title guaranty division 20 board or on written request of two members. 21 7. Members shall elect a chair and vice chair annually and 22 other officers as they determine. The executive director shall 23 serve as secretary to the title guaranty division board. 24 8. The net earnings of the division, beyond that necessary 25 for reserves, backing, guaranties issued, or to otherwise 26 implement the public purposes and programs authorized, shall 27 not inure to the benefit of any person other than the state and 28 are subject to section 16.2, subsection 8 . 29 Sec. 14. Section 16.2B, subsection 3, paragraph b, Code 30 2015, is amended to read as follows: 31 b. Obtain agricultural assets transfer tax credits, 32 including by issuing tax credit certificates issued pursuant to 33 subchapter VIII, part 5 . 34 Sec. 15. Section 16.2D, subsection 1, Code 2015, is amended 35 -6- LSB 2080SC (28) 86 lh/rj 6/ 140
S.F. _____ to read as follows: 1 1. A council on homelessness is created consisting of 2 thirty-eight voting members. At all times, at least one voting 3 member at all times shall be a member of a minority group. 4 Sec. 16. Section 16.7, subsection 2, Code 2015, is amended 5 to read as follows: 6 2. The annual report shall contain at least three parts 7 which include all of the following: 8 a. A general description of the authority setting forth: 9 (1) Its operations Operations and accomplishments. 10 (2) Its receipts Receipts and expenditures during the 11 fiscal year, in accordance with the classifications it the 12 authority establishes for its operating and capital accounts. 13 (3) Its assets Assets and liabilities at the end of its 14 the fiscal year and the status of reserve, special, and other 15 funds. 16 (4) A schedule of its bonds and notes outstanding at the 17 end of its the fiscal year, together with a statement of the 18 amounts redeemed and issued during its the fiscal year. 19 (5) A statement of its proposed and projected activities. 20 (6) Recommendations to the general assembly, as it the 21 authority deems necessary. 22 (7) Performance goals of the authority, clearly indicating 23 the extent of progress during the reporting period in attaining 24 the goals. 25 b. A summary of housing programs administered under this 26 chapter . The summary shall include an analysis of current 27 housing needs in this state. Where possible, results shall be 28 expressed in terms of housing units. 29 c. A summary of agricultural development programs 30 administered under subchapter VIII . Where possible, findings 31 and results shall be expressed in terms of number of loans, tax 32 credits, participating qualified beginning farmers, and acres 33 of agricultural land, including by county. 34 Sec. 17. Section 16.16, subsection 3, Code 2015, is amended 35 -7- LSB 2080SC (28) 86 lh/rj 7/ 140
S.F. _____ to read as follows: 1 3. The treasurer of state shall not be subject to personal 2 liability resulting from carrying out the powers and duties 3 of the authority or the treasurer of state, as applicable, in 4 subchapter X, part 15 9 . 5 Sec. 18. Section 16.17, Code 2015, is amended to read as 6 follows: 7 16.17 Rules. 8 1. The authority shall adopt pursuant to chapter 17A all 9 rules necessary to administer this chapter . 10 2. The authority may adopt rules which establish by 11 rule further definitions applicable to this chapter , and 12 clarification of clarify the definitions in this chapter , as it 13 the authority deems convenient and necessary to carry out the 14 public purposes of this chapter including all the following: 15 a. Any rules necessary to assure eligibility for funds 16 available under federal housing laws, or to assure compliance 17 with federal tax laws relating to the issuance of tax exempt 18 bonds pursuant to the Internal Revenue Code or relating to the 19 allowance of low-income credits under Internal Revenue Code 20 §42. 21 b. Any rule as necessary to assure eligibility for funds, 22 insurance, or guaranties available under federal laws and to 23 carry out the public purposes of subchapter VIII . 24 3. The authority may adopt rules pursuant to chapter 17A 25 relating to the purchase and sale of residential mortgage loans 26 and the sale of mortgage-backed securities. 27 Sec. 19. Section 16.26, subsection 6, Code 2015, is amended 28 to read as follows: 29 6. The authority may issue negotiable bond anticipation 30 notes and may renew them from time to time but the maximum 31 maturity of the notes, including renewals, shall not exceed 32 ten years from the date of issue of the original notes. Bond 33 anticipation notes are payable from any available moneys of the 34 authority not otherwise pledged, or from the proceeds of the 35 -8- LSB 2080SC (28) 86 lh/rj 8/ 140
S.F. _____ sale of bonds of the authority in anticipation of which the 1 bond anticipation notes were issued. Bond anticipation notes 2 may be issued for any corporate purpose of the authority. Bond 3 anticipation notes shall be issued in the same manner as bonds 4 and bond anticipation notes, and the resolution authorizing 5 them may contain any provisions, conditions, or limitations, 6 not inconsistent with the provisions of this subsection , which 7 the bonds or a bond resolution of the authority may contain. 8 Bond anticipation notes may be sold at public or private sale. 9 In case of default on its bond anticipation notes or violation 10 of any obligations of the authority to the noteholders, the 11 noteholders shall have all the remedies provided in this 12 chapter for bondholders. Bond anticipation notes shall be as 13 fully negotiable as bonds of the authority. 14 Sec. 20. Section 16.27A, Code 2015, is amended to read as 15 follows: 16 16.27A Powers relating to loans. 17 Subject to any agreement with bondholders or noteholders, 18 the authority may renegotiate a mortgage or secured loan or 19 a loan to a lending institution in default, waive a default 20 or consent to the modification of the terms of a mortgage or 21 secured loan or a loan to a lending institution, forgive or 22 forbear all or part of a mortgage or secured loan or a loan to 23 a lending institution, and commence, prosecute, and enforce 24 a judgment in any action, including but not limited to a 25 foreclosure action, to protect or enforce any right conferred 26 upon it by law, mortgage or secured loan agreement, contract , 27 or other agreement, and in connection with any action, bid for 28 and purchase the property or acquire or take possession of it, 29 complete, administer, pay the principal of and interest on 30 any obligations incurred in connection with the property, and 31 dispose of and otherwise deal with the property in a manner the 32 authority deems advisable to protect its interests. 33 Sec. 21. Section 16.50, subsection 3, paragraph b, 34 subparagraph (1), Code 2015, is amended to read as follows: 35 -9- LSB 2080SC (28) 86 lh/rj 9/ 140
S.F. _____ (1) Projects that are eligible for historic preservation 1 and cultural and entertainment district tax credits under 2 section 404A.2 chapter 404A . 3 Sec. 22. Section 16.59, unnumbered paragraph 1, Code 2015, 4 is amended to read as follows: 5 A low or moderate net worth requirement To receive financing 6 as provided in this subchapter , applies to an individual, 7 partnership, family farm corporation, or family farm limited 8 liability company shall meet the applicable low or moderate 9 net worth requirements established in this section . The 10 requirement as applied that applies to each such person is 11 calculated determined as follows: 12 Sec. 23. Section 16.64, subsection 1, Code 2015, is amended 13 to read as follows: 14 1. An The authority shall publish a notice of intention 15 to issue bonds or notes. After sixty days from the date of 16 publication of the notice, an action shall not be brought 17 questioning the legality of any bonds or notes or the power of 18 the authority to issue any bonds or notes or to the legality 19 of any proceedings in connection with the authorization or 20 issuance of the bonds or notes after determination by the board 21 of the authority to proceed with the issuance of the bonds or 22 notes sixty days from the date of publication of the notice . 23 Sec. 24. Section 16.76, subsections 1 and 2, Code 2015, are 24 amended to read as follows: 25 1. As used in this section , “loan” includes but is 26 not limited to mortgage or secured loans; loans insured, 27 guaranteed, or otherwise secured by the federal government or 28 a federal governmental agency or instrumentality, or a state 29 agency or private mortgage insurers; and financing pursuant to 30 an installment contract or contract for purchase arrangement. 31 2. The authority may make loans , including but not limited 32 to mortgage or secured loans, or loans insured, guaranteed, 33 or otherwise secured by the federal government or a federal 34 governmental agency or instrumentality, or a state agency or 35 -10- LSB 2080SC (28) 86 lh/rj 10/ 140
S.F. _____ private mortgage insurers, to beginning farmers to provide 1 financing for agricultural land and agricultural improvements 2 or depreciable agricultural property. 3 Sec. 25. Section 16.78, subsection 1, Code 2015, is amended 4 to read as follows: 5 1. To every extent practicable, the authority shall 6 administer tax credits under the beginning farmer tax credit 7 program in a uniform manner that encourages participation by 8 qualified beginning farmers. The authority shall determine a 9 qualified beginning farmer’s low or moderate net worth by using 10 a single method applicable to all its programs as provided 11 under section 16.59 , including the beginning farmer tax credit 12 program. 13 Sec. 26. Section 16.92, subsection 1, paragraph d, Code 14 2015, is amended to read as follows: 15 d. “Division board” means the board of directors of the 16 title guaranty division of the Iowa finance authority. 17 Sec. 27. Section 17A.5, subsection 2, paragraph b, Code 18 2015, is amended to read as follows: 19 b. (1) Subject to applicable constitutional or statutory 20 provisions, a rule becomes effective immediately upon filing 21 with the administrative rules coordinator, or at a subsequent 22 stated date prior to indexing and publication, or at a stated 23 date less than thirty-five days after filing, indexing and 24 publication, if the agency finds: 25 (1) (a) That a statute so provides; 26 (2) (b) That the rule confers a benefit or removes a 27 restriction on the public or some segment thereof; or 28 (3) (c) That this effective date is necessary because of 29 imminent peril to the public health, safety or welfare. 30 (2) In any subsequent action contesting the effective date 31 of a rule promulgated under this paragraph “b” , the burden 32 of proof shall be on the agency to justify its finding. The 33 agency’s finding and a brief statement of the reasons therefor 34 shall be filed with and made a part of the rule. Prior to 35 -11- LSB 2080SC (28) 86 lh/rj 11/ 140
S.F. _____ indexing and publication, the agency shall make reasonable 1 efforts to make known to the persons who may be affected by it a 2 rule made effective under the terms of this paragraph “b” . 3 Sec. 28. Section 28M.7, subsections 2 and 3, Code 2015, are 4 amended to read as follows: 5 2. A regional transit district may disclose aggregate data 6 on user and customer transaction history and fare card use 7 to government governmental entities, organizations, school 8 districts, educational institutions, and employers that 9 subsidize or provide fare cards to their clients, students, or 10 employees. Government Governmental entities, organizations, 11 school districts, educational institutions, and employers may 12 use the aggregate data only for purposes of measuring and 13 promoting fare card use and evaluating the cost-effectiveness 14 of their fare card programs. The disclosure of nonaggregate 15 or personalized data on user and customer transaction history 16 and fare card use to government governmental entities, 17 organizations, school districts, educational institutions, and 18 employers shall be strictly prohibited. 19 3. A regional transit district may disclose data concerning 20 applicants, users, and customers collected by or through 21 personalized internet services or a fare collection system to 22 another government governmental entity to prevent a breach 23 of security regarding electronic systems maintained by the 24 regional transit district or the governmental entity, or 25 pursuant to a subpoena issued in connection with a civil or 26 criminal investigation. 27 Sec. 29. Section 29B.116, Code 2015, is amended to read as 28 follows: 29 29B.116 General article. 30 Subject to section 29B.116A , though Though not specifically 31 mentioned in this code , and subject to section 29B.116A , all 32 disorders and neglects to the prejudice of good order and 33 discipline in the state military forces and all conduct of 34 a nature to bring discredit upon the state military forces, 35 -12- LSB 2080SC (28) 86 lh/rj 12/ 140
S.F. _____ of which persons subject to this code may be guilty, shall 1 be taken cognizance of by a general, special, or summary 2 court-martial, according to the nature and degree of the 3 offense, and shall be punished at the discretion of that court. 4 Sec. 30. Section 29B.116B, Code 2015, is amended to read as 5 follows: 6 29B.116B Adjutant general report. 7 The adjutant general shall report annually, by January 15, 8 to the governor and to the chairpersons and ranking members 9 of the general assembly’s standing committees on veterans 10 affairs on the number of offenses described in section 11 29B.116A, subsection 1 , which have been reported to civilian 12 law enforcement authorities in the prior year, if such offenses 13 were committed by a member of the state military forces against 14 another member of the state military forces while both are 15 subject to this code. The report shall provide such numbers 16 by type of offense. 17 Sec. 31. Section 43.16, Code 2015, is amended to read as 18 follows: 19 43.16 Return of papers, additions not allowed. 20 1. After a nomination paper has been filed, it shall not 21 be returned to the person who has filed the paper, nor shall 22 any signature or other information be added to the nomination 23 paper. 24 2. a. A person who has filed nomination petitions with the 25 state commissioner may withdraw as a candidate not later than 26 the seventy-sixth day before the primary election by notifying 27 the state commissioner in writing. 28 b. A person who has filed nomination papers with the 29 commissioner may withdraw as a candidate not later than the 30 sixty-seventh day before the primary election by notifying the 31 commissioner in writing. 32 3. The name of a candidate who has withdrawn or died at a 33 time in accordance with this section on or before the final day 34 to withdraw as a candidate for that office shall be omitted 35 -13- LSB 2080SC (28) 86 lh/rj 13/ 140
S.F. _____ from the certificate furnished by the state commissioner under 1 section 43.22 and omitted from the primary election ballot. 2 Sec. 32. Section 68A.405, subsection 1, paragraph a, 3 subparagraph (3), Code 2015, is amended to read as follows: 4 (3) “Published material” means any newspaper, magazine, 5 shopper, outdoor advertising facility, poster, direct mailing, 6 brochure, internet site, campaign sign, or any other form of 7 printed or electronic general public political advertising. 8 “Published material” includes television, video, or motion 9 picture advertising. 10 Sec. 33. Section 80B.5, subsection 1, Code 2015, is amended 11 to read as follows: 12 1. The administration of this chapter shall be vested in 13 the office of the governor. Except for the director and deputy 14 director of the academy, the staff as may be necessary for it 15 the academy to function shall be employed pursuant to the Iowa 16 merit system. 17 Sec. 34. Section 96.9, subsection 6, Code 2015, is amended 18 to read as follows: 19 6. Management of funds in the event of discontinuance of 20 unemployment trust fund. The provisions of subsections 1, 2, 21 and 3 to the extent that they relate to the unemployment trust 22 fund shall be operative only so long as such unemployment 23 trust fund continues to exist and so long as the secretary 24 of the treasury of the United States continues to maintain 25 for this state a separate book account of all funds deposited 26 therein by this state for benefit purposes, together with 27 this state’s proportionate share of the earnings of such 28 unemployment trust fund, from which no other state is permitted 29 to make withdrawals. If and when such unemployment trust fund 30 ceases to exist, or such separate book account is no longer 31 maintained, all moneys, properties, or securities therein, 32 belonging to the unemployment compensation fund of this state 33 shall be transferred to the treasurer of the unemployment 34 compensation fund, who shall hold, invest, transfer, sell, 35 -14- LSB 2080SC (28) 86 lh/rj 14/ 140
S.F. _____ deposit, and release such moneys, properties, or securities 1 in a manner approved by the director, treasurer of state, 2 and governor, in accordance with the provisions of this 3 chapter : Provided , provided that such moneys shall be invested 4 in the following such readily marketable classes of securities ; 5 such securities as are authorized by the laws of the state of 6 Iowa for the investment of trust funds. The treasurer shall 7 dispose of securities and other properties belonging to the 8 unemployment compensation fund only under the direction of the 9 director, treasurer of state, and governor. 10 Sec. 35. Section 96.14, subsection 4, Code 2015, is amended 11 to read as follows: 12 4. Priorities under legal dissolutions or distributions. In 13 the event of any distribution of an employer’s assets 14 pursuant to an order of any court under the laws of this 15 state, including any receivership, assignment for benefit of 16 creditors, adjudicated insolvency, composition, or similar 17 proceeding, contributions then or thereafter due shall be 18 paid in full prior to all other claims except taxes and 19 claims for wages preferred as provided by statute. In the 20 event of an employer’s adjudication in bankruptcy, judicially 21 confirmed extension proposal, or composition, under the 22 federal Bankruptcy Act of 1898, as amended, contributions then 23 or thereafter due shall be entitled to such priority as is 24 provided in section 64 “a” of that Act [11 U.S.C. §104 “b” , as 25 amended] , 11 U.S.C. §507 . 26 Sec. 36. Section 96.20, subsection 2, paragraph b, Code 27 2015, is amended to read as follows: 28 b. Reimbursements so payable shall be deemed to be benefits 29 for the purposes of section 96.3, subsection 5 , paragraph “a” , 30 and section 96.9 , but no reimbursement so payable shall be 31 charged against any employer’s account for the purposes of 32 section 96.7 , unless wages so transferred are sufficient to 33 establish a valid claim in Iowa, and that such charges shall 34 not exceed the amount that would have been charged on the 35 -15- LSB 2080SC (28) 86 lh/rj 15/ 140
S.F. _____ basis of a valid claim. The department is hereby authorized 1 to make to other state or federal agencies and receive from 2 such other state or federal agencies, reimbursements from or 3 to the fund, in accordance with arrangements pursuant to this 4 section . The department shall participate in any arrangements 5 for the payment of compensation on the basis of combining 6 an individual’s wages and employment covered under this Act 7 chapter with the individual’s wages and employment covered 8 under the unemployment compensation laws of other states 9 which are approved by the United States secretary of labor in 10 consultation with the state unemployment compensation agencies 11 as reasonably calculated to assure the prompt and full payment 12 of compensation in such situations and which include provisions 13 for applying the base period of a single state law to a claim 14 involving the combining of an individual’s wages and employment 15 covered under two or more state unemployment compensation laws, 16 and avoiding the duplication use of wages and employment by 17 reason of such combining. 18 Sec. 37. Section 99.27, Code 2015, is amended to read as 19 follows: 20 99.27 Mulct tax. 21 When a permanent injunction issues against any person for 22 maintaining a nuisance as herein defined in section 99.1A , or 23 against any owner or agent of the building kept or used for the 24 purpose prohibited by this chapter , there shall be imposed upon 25 said building and the ground upon which the same is located and 26 against the person or persons maintaining said the nuisance and 27 the owner or agent of said the premises, a mulct tax of three 28 hundred dollars. The imposing of said the mulct tax shall be 29 made by the court as a part of the proceeding. 30 Sec. 38. Section 105.18, subsection 3, paragraph d, Code 31 2015, is amended to read as follows: 32 d. An individual that holds either a master or 33 journeyperson mechanical license or a master or journeyperson 34 HVAC-refrigeration license shall be exempt from having to 35 -16- LSB 2080SC (28) 86 lh/rj 16/ 140
S.F. _____ obtain a special electrician’s license pursuant to chapter 103 1 in order to perform disconnect and reconnect of existing air 2 conditioning and refrigeration systems. 3 Sec. 39. Section 123.5, Code 2015, is amended to read as 4 follows: 5 123.5 Alcoholic beverages commission created —— appointment 6 —— removal —— vacancies . 7 1. An alcoholic beverages commission is created within the 8 division. The commission is composed of five members, not more 9 than three of whom shall belong to the same political party. 10 2. Members shall be appointed by the governor, subject 11 to confirmation by the senate. Appointments shall be for 12 five-year staggered terms beginning and ending as provided by 13 section 69.19. A member may be reappointed for one additional 14 term. 15 3. Members of the commission shall be chosen on the basis 16 of managerial ability and experience as business executives. 17 Not more than two members of the commission may be the holder 18 of or have an interest in a permit or license to manufacture 19 alcoholic liquor, wine, or beer or to sell alcoholic liquor, 20 wine, or beer at wholesale or retail. 21 4. Any commission member shall be subject to removal for any 22 of the causes and in the manner provided by chapter 66 relating 23 to removal from office. Removal shall not be in lieu of any 24 other punishment that may be prescribed by the laws of this 25 state. 26 5. Any vacancy on the commission shall be filled in the 27 same manner as regular appointments are made for the unexpired 28 portion of the regular term. 29 Sec. 40. Section 123.11, Code 2015, is amended to read as 30 follows: 31 123.11 Expenses Compensation and expenses . 32 Members of the commission, the administrator, and other 33 employees of the division shall be allowed their actual and 34 necessary expenses while traveling on business of the division 35 -17- LSB 2080SC (28) 86 lh/rj 17/ 140
S.F. _____ outside of their place of residence, however, an itemized 1 account of such expenses shall be verified by the claimant 2 and approved by the administrator. If such account is paid, 3 the same shall be filed with the division and be and remain 4 a part of its permanent records. Each member appointed to 5 the commission is entitled to receive reimbursement of actual 6 expenses incurred while attending meetings. Each member of 7 the commission may also be eligible to receive compensation 8 as provided in section 7E.6. All expenses and salaries of 9 commission members, the administrator, and other employees 10 shall be paid from appropriations for such purposes and the 11 division shall be subject to the budget requirements of chapter 12 8 . 13 Sec. 41. Section 123.17, Code 2015, is amended to read as 14 follows: 15 123.17 Prohibition Prohibitions on commission members and 16 employees. 17 1. Commission members, officers, and employees of the 18 division shall not, while holding such office or position, hold 19 do any of the following: 20 a. Hold any other office or position under the laws of this 21 state, or any other state or territory or of the United States ; 22 nor engage . 23 b. Engage in any occupation, business, endeavor, or activity 24 which would or does conflict with their duties under this 25 chapter ; nor, directly . 26 c. Directly or indirectly, use their office or employment 27 to influence, persuade, or induce any other officer, employee, 28 or person to adopt their political views or to favor any 29 particular candidate for an elective or appointive public 30 office ; nor, directly . 31 d. Directly or indirectly, solicit or accept, in any manner 32 or way, any money or other thing of value for any person 33 seeking an elective or appointive public office, or to any 34 political party or any group of persons seeking to become a 35 -18- LSB 2080SC (28) 86 lh/rj 18/ 140
S.F. _____ political party. 1 2. Except as provided in section 123.5, subsection 3, a 2 commission member or division employee shall not, directly or 3 indirectly, individually, or as a member of a partnership or 4 shareholder in a corporation, have any interest in dealing 5 in or in the manufacture of alcoholic liquor, wine, or beer, 6 and shall not receive any kind of profit nor have any interest 7 in the purchase or sale of alcoholic liquor, wine, or beer 8 by persons so authorized under this chapter. However, this 9 subsection does not prohibit any member or employee from 10 lawfully purchasing and keeping alcoholic liquor, wine, or beer 11 in the member’s or employee’s possession for personal use. 12 3. Any officer or employee violating this section or any 13 other provisions of this chapter shall, in addition to any 14 other penalties provided by law, be subject to suspension or 15 discharge from employment. Any commission member shall, in 16 addition to any other penalties provided by law, be subject to 17 removal from office as provided by law chapter 66 . 18 Sec. 42. Section 123.45, Code 2015, is amended to read as 19 follows: 20 123.45 Limitations on business interests. 21 Except as provided in section 123.6 , a commission member 22 or division employee shall not, directly or indirectly, 23 individually, or as a member of a partnership or shareholder 24 in a corporation, have any interest in dealing in or in the 25 manufacture of alcoholic liquor, wine, or beer, and shall 26 not receive any kind of profit nor have any interest in the 27 purchase or sale of alcoholic liquor, wine, or beer by persons 28 so authorized under this chapter . However, this provision does 29 not prohibit any member or employee from lawfully purchasing 30 and keeping alcoholic liquor, wine, or beer in the member’s or 31 employee’s possession for personal use. 32 1. A person engaged in the business of manufacturing, 33 bottling, or wholesaling alcoholic beverages, wine, or beer, or 34 any jobber, representative, broker, employee, or agent of such 35 -19- LSB 2080SC (28) 86 lh/rj 19/ 140
S.F. _____ a person, shall not directly do any of the following: 1 a. Directly or indirectly supply, furnish, give, or pay for 2 any furnishings, fixtures, or equipment used in the storage, 3 handling, serving, or dispensing of alcoholic beverages, wine, 4 beer, or food within the place of business of a licensee or 5 permittee authorized under this chapter to sell at retail ; nor 6 shall the person directly . 7 b. Directly or indirectly extend any credit for alcoholic 8 beverages or beer or pay for any such license or permit , nor 9 directly . 10 c. Directly or indirectly be interested in the ownership, 11 conduct, or operation of the business of another licensee or 12 permittee authorized under this chapter to sell at retail , nor 13 hold . 14 d. Hold a retail liquor control license or retail wine or 15 beer permit. 16 2. However, a person engaged in the wholesaling of beer or 17 wine may sell only disposable glassware, which is constructed 18 of paper, paper laminated, or plastic materials and designed 19 primarily for personal consumption on a one-time usage 20 basis, to retailers for use within the premises of licensed 21 establishments, for an amount which is greater than or equal 22 to an amount which represents the greater of either the amount 23 paid for the disposable glassware by the supplier or the amount 24 paid for the disposable glassware by the wholesaler. Also, a 25 person engaged in the business of manufacturing beer may sell 26 beer at retail for consumption on or off the premises of the 27 manufacturing facility and, notwithstanding any other provision 28 of this chapter or the fact that a person is the holder of a 29 class “A” beer permit, may be granted not more than one class 30 “B” beer permit as defined in section 123.124 for that purpose. 31 3. A licensee or permittee who permits or assents to or is a 32 party in any way to a violation or infringement of this section 33 is guilty of a violation of this section . 34 Sec. 43. Section 123.70, Code 2015, is amended to read as 35 -20- LSB 2080SC (28) 86 lh/rj 20/ 140
S.F. _____ follows: 1 123.70 Injunction against bootlegger. 2 A bootlegger as defined in this chapter section 123.59 may 3 be restrained by injunction from doing or continuing to do any 4 of the acts prohibited herein, and all the proceedings for 5 injunctions, temporary and permanent, and for punishments for 6 violation of the same as prescribed herein, shall be applicable 7 to such person, and the fact that an offender has no known or 8 permanent place of business, or base of supplies, or quits the 9 business after the commencement of an action, shall not prevent 10 a temporary or permanent injunction, as the case may be, from 11 issuing. 12 Sec. 44. Section 123.83, Code 2015, is amended to read as 13 follows: 14 123.83 Method of trial. 15 The trial of an action filed pursuant to section 123.82 shall 16 be to the court and as in equity, and be governed by the same 17 rules of evidence as contempt proceedings. 18 Sec. 45. Section 123.84, Code 2015, is amended to read as 19 follows: 20 123.84 Judgment. 21 If the court after a hearing in an action filed pursuant to 22 section 123.82 finds a liquor, wine, or beer nuisance has been 23 maintained on the premises covered by the abatement bond and 24 that liquor, wine, or beer has been sold or kept for sale on the 25 premises contrary to law within one year from the date of the 26 giving of the bond, then the court shall order the forfeiture 27 of the bond and enter judgment for the full amount of the bond 28 against the principal and sureties on the bond , and the . The 29 lien on the real estate created pursuant to section 123.79 30 shall be decreed foreclosed and the court shall provide for a 31 special and general execution for the enforcement of the decree 32 and judgment. 33 Sec. 46. Section 123.85, Code 2015, is amended to read as 34 follows: 35 -21- LSB 2080SC (28) 86 lh/rj 21/ 140
S.F. _____ 123.85 Appeal. 1 Appeal from a judgment and decree entered pursuant to 2 section 123.84 may be taken as in equity cases and the cause be 3 triable de novo except that if the state appeals it need not 4 file an appeal or supersedeas bond. 5 Sec. 47. Section 123.88, Code 2015, is amended to read as 6 follows: 7 123.88 Evidence. 8 On the issue whether a party knew or ought to have known of 9 such a nuisance described under section 123.60 , evidence of the 10 general reputation of the place shall be admissible. 11 Sec. 48. Section 123.122, Code 2015, is amended to read as 12 follows: 13 123.122 Permit or license required. 14 A person shall not manufacture for sale or sell beer at 15 wholesale or retail unless a permit is first obtained as 16 provided in this division subchapter or, a liquor control 17 license authorizing the retail sale of beer is first obtained 18 as provided in division I of this chapter . A liquor control 19 license holder is not required to hold a separate class “B” 20 beer permit. 21 Sec. 49. Section 123.123, Code 2015, is amended to read as 22 follows: 23 123.123 Effect on liquor control licensees. 24 All applicable provisions of this division subchapter 25 relating to class “B” beer permits shall apply to liquor 26 control licensees in the purchasing, storage, handling, 27 serving, and sale of beer. 28 Sec. 50. Section 123.143, subsection 2, Code 2015, is 29 amended to read as follows: 30 2. All permit fees and taxes collected by the division under 31 this division subchapter shall accrue to the state general 32 fund, except as otherwise provided. 33 Sec. 51. Section 123.171, Code 2015, is amended to read as 34 follows: 35 -22- LSB 2080SC (28) 86 lh/rj 22/ 140
S.F. _____ 123.171 Wine certificate, permit, or license required. 1 A person shall not cause the manufacture, importation, 2 or sale of wine in this state unless a certificate or 3 permit as provided in this division subchapter , or a liquor 4 control license as provided in division subchapter I of this 5 chapter , is first obtained which authorizes that manufacture, 6 importation, or sale. 7 Sec. 52. Section 123.172, Code 2015, is amended to read as 8 follows: 9 123.172 Effect on liquor control licensees. 10 All applicable provisions of this division subchapter 11 relating to class “B” wine permits apply to liquor control 12 licensees in the purchasing, storage, handling, serving and 13 sale of wine. 14 Sec. 53. Section 124.401, subsection 5, unnumbered 15 paragraph 3, Code 2015, is amended by striking the section. 16 Sec. 54. Section 124D.4, subsection 6, Code 2015, is amended 17 to read as follows: 18 6. Card issuance —— department of transportation. The 19 department may enter into a chapter 28E agreement with the 20 department of transportation to facilitate the issuance of a 21 cannabidiol registration card cards pursuant to subsections 1 22 and 3 . 23 Sec. 55. Section 135.173A, subsections 1, 3, and 8, Code 24 2015, are amended to read as follows: 25 1. The early childhood Iowa council stakeholders alliance 26 shall establish a state child care advisory committee as part 27 of the council stakeholders alliance . The advisory committee 28 shall advise and make recommendations to the governor, general 29 assembly, department of human services, and other state 30 agencies concerning child care. 31 3. Except as otherwise provided, the voting members of 32 the advisory committee shall be appointed by the council 33 stakeholders alliance from a list of names submitted by a 34 nominating committee to consist of one member of the advisory 35 -23- LSB 2080SC (28) 86 lh/rj 23/ 140
S.F. _____ committee, one member of the department of human services’ 1 child care staff, three consumers of child care, and one member 2 of a professional child care organization. Two names shall be 3 submitted for each appointment. The voting members shall be 4 appointed for terms of three years. 5 8. The advisory committee shall coordinate with the early 6 childhood Iowa council stakeholders alliance its reporting 7 annually in December to the governor and general assembly 8 concerning the status of child care in the state, providing 9 findings, and making recommendations. The annual report may 10 be personally presented to the general assembly’s standing 11 committees on human resources by a representative of the 12 advisory committee. 13 Sec. 56. Section 135.173A, subsection 4, paragraphs n and q, 14 Code 2015, are amended to read as follows: 15 n. One designee of the community empowerment early childhood 16 office of the department of management. 17 q. One person who represents the early childhood Iowa 18 council stakeholders alliance . 19 Sec. 57. Section 135.173A, subsection 6, paragraph j, Code 20 2015, is amended to read as follows: 21 j. Advise and assist the early childhood Iowa council 22 stakeholders alliance in developing the strategic plan required 23 pursuant to section 135.173 256I.4, subsection 4 . 24 Sec. 58. Section 135C.33, subsection 2, paragraph b, 25 subparagraph (1), Code 2015, is amended to read as follows: 26 (1) If a person being considered for employment, other than 27 employment involving the operation of a motor vehicle, has 28 been convicted of a crime listed in subparagraph (2) but does 29 not have a record of founded child or dependent adult abuse 30 and the licensee has requested an evaluation in accordance 31 with paragraph “a” to determine whether the crime warrants 32 prohibition of the person’s employment, the licensee may employ 33 the person for not more than sixty calendar days pending 34 completion of the evaluation. 35 -24- LSB 2080SC (28) 86 lh/rj 24/ 140
S.F. _____ Sec. 59. Section 144.43, Code 2015, is amended to read as 1 follows: 2 144.43 Vital records closed to inspection —— exceptions. 3 1. To protect the integrity of vital statistics records, to 4 ensure their proper use, and to ensure the efficient and proper 5 administration of the vital statistics system kept by the state 6 registrar, access to vital statistics records kept by the state 7 registrar shall be limited to the state registrar and the 8 state registrar’s employees, and then only for administrative 9 purposes. 10 2. a. It shall be unlawful for the state registrar to 11 permit inspection of, or to disclose information contained in 12 vital statistics records, or to copy or permit to be copied all 13 or part of any such record except as authorized by regulation 14 rule . 15 b. 3. However, the following vital statistics records may 16 be inspected and copied as of right under chapter 22 when they 17 are in the custody of a county registrar or when they are in the 18 custody of the state archivist and are at least seventy-five 19 years old: 20 (1) a. A record of birth. 21 (2) b. A record of marriage. 22 (3) c. A record of divorce, dissolution of marriage, or 23 annulment of marriage. 24 (4) d. A record of death if that death was not a fetal 25 death. 26 3. 4. A public record shall not be withheld from the 27 public because it is combined with data processing software. 28 The state registrar shall not implement any electronic data 29 processing system for the storage, manipulation, or retrieval 30 of vital records that would impair a county registrar’s ability 31 to permit the examination of a public record and the copying of 32 a public record, as established by rule. If it is necessary to 33 separate a public record from data processing software in order 34 to permit the examination of the public record, the county 35 -25- LSB 2080SC (28) 86 lh/rj 25/ 140
S.F. _____ registrar shall periodically generate a written log available 1 for public inspection which contains the public record. 2 Sec. 60. Section 147.1, unnumbered paragraph 1, Code 2015, 3 is amended to read as follows: 4 For the purpose of this and the following chapters of this 5 subtitle: 6 Sec. 61. Section 147.86, Code 2015, is amended to read as 7 follows: 8 147.86 Penalties. 9 Any person violating any provision of this or the following 10 chapters of this subtitle, except insofar as the provisions 11 apply or relate to or affect the practice of pharmacy, or where 12 a specific penalty is otherwise provided, shall be guilty of 13 a serious misdemeanor. 14 Sec. 62. Section 157.1, subsection 27, Code 2015, is amended 15 to read as follows: 16 27. “School of cosmetology arts and sciences” means an 17 establishment licensed operated for the purpose of teaching 18 cosmetology arts and sciences. 19 Sec. 63. Section 159.1, subsections 1, 2, and 4, Code 2015, 20 are amended by striking the subsections. 21 Sec. 64. Section 172A.10, subsection 1, Code 2015, is 22 amended to read as follows: 23 1. If any person who is required by this chapter to be 24 licensed fails to obtain the required license, or if any person 25 who is required by this chapter to maintain proof of financial 26 responsibility fails to obtain or maintain such proof, or 27 if any licensee fails to discontinue engaging in licensed 28 activities when that person’s license has been suspended, such 29 failure shall be deemed a nuisance and the secretary may bring 30 an action on behalf of the state to enjoin such nuisance. Such 31 actions may be heard on not less than five days’ notice to the 32 person whose activities are sought to be enjoined. The failure 33 to obtain a license when required, or the failure to obtain or 34 maintain proof of financial responsibility shall constitute a 35 -26- LSB 2080SC (28) 86 lh/rj 26/ 140
S.F. _____ violation of this chapter . 1 Sec. 65. Section 197.1, Code 2015, is amended to read as 2 follows: 3 197.1 License. 4 1. Every person, partnership, or corporation engaged in 5 the business of buying for the market, poultry or domestic 6 fowls for the market from the producer thereof , shall obtain 7 a license from the department for each establishment at which 8 said business is conducted. 9 2. The word “producer” as herein used in this chapter shall 10 include anyone not a licensed dealer who has acquired such 11 poultry or domestic fowls other than through a licensed dealer. 12 Sec. 66. Section 198.7, subsection 1, paragraph f, Code 13 2015, is amended to read as follows: 14 f. If it is, or it bears or contains a new animal drug which 15 is unsafe within the meaning of the federal Food, Drug, and 16 Cosmetic Act, 21 U.S.C. §801 §360b et seq. 17 Sec. 67. Section 206.24, unnumbered paragraph 1, Code 2015, 18 is amended to read as follows: 19 A program of education and demonstration in the area of 20 the agricultural use of fertilizers and pesticides shall be 21 initiated by the secretary of agriculture on July 1, 1987 . 22 The secretary shall coordinate the activities of the state 23 regarding this program. 24 Sec. 68. Section 206.32, subsection 1, Code 2015, is amended 25 to read as follows: 26 1. A person shall not offer for sale, sell, purchase, apply, 27 or use chlordane in this state , on or after January 1, 1989 . 28 Sec. 69. Section 215.23, Code 2015, is amended to read as 29 follows: 30 215.23 Servicer’s license. 31 A servicer shall not install, service, or repair a 32 commercial weighing or and measuring device until the 33 servicer has demonstrated that the servicer has available 34 adequate testing equipment, and that the servicer possesses 35 -27- LSB 2080SC (28) 86 lh/rj 27/ 140
S.F. _____ a working knowledge of all devices the servicer intends to 1 install or repair and of all appropriate weights, measures, 2 statutes, and rules, as evidenced by passing a qualifying 3 examination to be conducted by the department and obtaining 4 a license. The secretary of agriculture shall establish by 5 rule pursuant to chapter 17A , requirements for and contents 6 of the examination. In determining these qualifications, the 7 secretary shall consider the specifications of the United 8 States national institute of standards and technology, handbook 9 44, “Specifications, tolerances, and technical requirements 10 for commercial weighing and measuring devices”, or the current 11 successor or equivalent specifications adopted by the United 12 States national institute of standards and technology. The 13 secretary shall require an annual license fee of not more than 14 five dollars for each license. Each license shall expire one 15 year from date of issuance. 16 Sec. 70. Section 215.24, Code 2015, is amended to read as 17 follows: 18 215.24 Rules. 19 The department of agriculture and land stewardship may 20 promulgate adopt rules pursuant to chapter 17A as necessary 21 to promptly and effectively enforce the provisions of this 22 chapter . 23 Sec. 71. Section 218.95, subsection 1, Code 2015, is amended 24 to read as follows: 25 1. For purposes of construing the provisions of this and the 26 following subtitles of this title and chapters 16 , 35B , 347B , 27 709A , 904 , 913 , and 914 relating to persons with mental illness 28 and reconciling these provisions with other former and present 29 provisions of statute, the following terms shall be considered 30 synonymous: 31 a. “Mentally ill” and “insane” , except that the 32 hospitalization or detention of any person for treatment 33 of mental illness shall not constitute a finding or create 34 a presumption that the individual is legally insane in the 35 -28- LSB 2080SC (28) 86 lh/rj 28/ 140
S.F. _____ absence of a finding of incompetence made pursuant to section 1 229.27 . 2 b. “Parole” and “convalescent leave” . 3 c. “Resident” and “patient” . 4 d. “Escape” and “depart without proper authorization” . 5 e. “Warrant” and “order of admission” . 6 f. “Escapee” and “patient” . 7 g. “Sane” and “in good mental health” . 8 h. “Asylum” and “hospital” . 9 i. “Commitment” and “admission” . 10 Sec. 72. Section 229.26, Code 2015, is amended to read as 11 follows: 12 229.26 Exclusive procedure for involuntary hospitalization. 13 Sections 229.6 through 229.19 constitute the exclusive 14 procedure for involuntary hospitalization of persons by reason 15 of serious mental impairment in this state, except that this 16 chapter does not negate the provisions of section 904.503 17 relating to transfer of prisoners with mental illness to state 18 hospitals for persons with mental illness and does not apply 19 to commitments of persons under chapter 812 or the rules of 20 criminal procedure, Iowa court rules, or negate the provisions 21 of section 232.51 relating to disposition of children with 22 mental illness or an intellectual disability . 23 Sec. 73. Section 230.11, Code 2015, is amended to read as 24 follows: 25 230.11 Recovery of costs from state. 26 Costs and expenses attending the taking into custody, 27 care, and investigation of a person who has been admitted 28 or committed to a state hospital, United States department 29 of veterans affairs hospital, or other agency of the United 30 States government, for persons with mental illness and who 31 has no residence in this state or whose residence is unknown, 32 including cost of commitment, if any, shall be paid as a state 33 case as approved by the administrator. The amount of the costs 34 and expenses approved by the administrator is appropriated 35 -29- LSB 2080SC (28) 86 lh/rj 29/ 140
S.F. _____ to the department from any money in the state treasury 1 not otherwise appropriated. Payment shall be made by the 2 department on itemized vouchers executed by the auditor of the 3 county which has paid them, and approved by the administrator. 4 Sec. 74. Section 231D.16, subsection 1, Code 2015, is 5 amended to read as follows: 6 1. Adult day services programs that are serving at least 7 two but not more than five persons and that are not voluntarily 8 accredited by a recognized accrediting entity prior to July 1, 9 2003, shall comply with this chapter by June 30, 2005 . 10 Sec. 75. Section 231E.13, Code 2015, is amended to read as 11 follows: 12 231E.13 Implementation. 13 Implementation of this chapter is subject to availability of 14 funding as determined by the department. The department shall 15 notify the Code editor upon implementation of this chapter . 16 Sec. 76. Section 232.46, subsection 1, paragraph a, 17 subparagraph (3), Code 2015, is amended to read as follows: 18 (3) The performance of a work assignment of value to the 19 state or to the public making restitution consisting of a 20 monetary payment to the victim or a work assignment directly 21 of value to the victim . 22 Sec. 77. Section 232.46, subsection 1, paragraph a, Code 23 2015, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (3A) Making restitution consisting of a 25 monetary payment to the victim or a work assignment directly 26 of value to the victim. 27 Sec. 78. Section 232.125, subsection 4, Code 2015, is 28 amended to read as follows: 29 4. The petition shall state all of the following: 30 a. The names and residences of the child . , and 31 b. The names and residences of the child’s living parents, 32 guardian, custodian, and guardian ad litem, if any . and the 33 c. The age of the child. 34 Sec. 79. Section 232.178, subsections 3 and 4, Code 2015, 35 -30- LSB 2080SC (28) 86 lh/rj 30/ 140
S.F. _____ are amended to read as follows: 1 3. The petition shall state all of the following: 2 a. The names and residence of the child . and the 3 b. The names and residence of the child’s living parents, 4 guardian, custodian, and guardian ad litem, if any . , and the 5 c. The age of the child. 6 4. The petition shall describe the all of the following: 7 a. The child’s emotional, physical, or intellectual 8 disability which requires care and treatment . ; the 9 b. The reasonable efforts to maintain the child in the 10 child’s home . ; the 11 c. The department’s request to the family of a child with 12 an intellectual disability, other developmental disability, or 13 organic mental illness to determine if any services or support 14 provided to the family will enable the family to continue to 15 care for the child in the child’s home . ; and the 16 d. The reason the child’s parent, guardian, or custodian has 17 requested a foster family care placement. 18 e. The petition shall also describe the commitment 19 of the parent, guardian, or custodian in fulfilling the 20 responsibilities defined in the case permanency plan . and how 21 f. How the placement will serve the child’s best interests. 22 Sec. 80. Section 235B.4, Code 2015, is amended to read as 23 follows: 24 235B.4 Legislative findings and purposes. 25 1. The general assembly finds and declares that a 26 central registry is required to provide a single source for 27 the statewide collection, maintenance, and dissemination 28 of dependent adult abuse information. Such a registry is 29 imperative for increased effectiveness in dealing with the 30 problem of dependent adult abuse. The general assembly also 31 finds that vigorous protection of rights of individual privacy 32 is an indispensable element of a fair and effective system of 33 collecting, maintaining, and disseminating dependent adult 34 abuse information. 35 -31- LSB 2080SC (28) 86 lh/rj 31/ 140
S.F. _____ 2. The purposes of this section and sections 235B.5 to 1 through 235B.13 are to facilitate the identification of 2 victims or potential victims of dependent adult abuse by making 3 available a single, statewide source of dependent adult abuse 4 data; to facilitate research on dependent adult abuse by making 5 available a single, statewide source of dependent adult abuse 6 data; and to provide maximum safeguards against the unwarranted 7 invasions of privacy which such a registry might otherwise 8 entail. 9 Sec. 81. Section 235F.1, subsection 12, Code 2015, is 10 amended to read as follows: 11 12. “Present danger of elder abuse” means a situation in 12 which the defendant has recently threatened the vulnerable 13 elder with initial or additional elder abuse, or the potential 14 exists for misappropriation, misuse, or removal of the funds, 15 benefits, property, resources, belongings, or assets of the 16 vulnerable elder combined with reasonable grounds to believe 17 that elder abuse is likely to occur. 18 Sec. 82. Section 235F.5, subsection 6, unnumbered paragraph 19 1, Code 2015, is amended to read as follows: 20 The showing At the hearing, the allegation of elder abuse may 21 be proven as required under subsection 1 may be made by , but is 22 not limited to the testimony at the hearing of, from any of the 23 following: 24 Sec. 83. Section 235F.6, subsection 3, Code 2015, is amended 25 to read as follows: 26 3. The court shall not use issue an order issued under this 27 section to do that does any of the following: 28 a. To allow Allows any person other than the vulnerable 29 elder to assume responsibility for the funds, benefits, 30 property, resources, belongings, or assets of the vulnerable 31 elder. 32 b. For Grants relief that is more appropriately obtained 33 in a protective proceeding filed under chapter 633 including 34 but not limited to giving control and management of the funds, 35 -32- LSB 2080SC (28) 86 lh/rj 32/ 140
S.F. _____ benefits, property, resources, belongings, or assets of the 1 vulnerable elder to a guardian, conservator, or attorney in 2 fact for any purpose other than the relief granted under 3 subsection 2 . 4 Sec. 84. Section 235F.8, subsection 2, Code 2015, is amended 5 to read as follows: 6 2. The plaintiff’s right to relief under this chapter is not 7 affected by the vulnerable elder leaving the vulnerable elder’s 8 home to avoid elder abuse. 9 Sec. 85. Section 237A.30, subsection 1, Code 2015, is 10 amended to read as follows: 11 1. The department shall work with the community empowerment 12 office of early childhood Iowa office in the department of 13 management established in section 28.3 256I.5 and the state 14 child care advisory committee in designing and implementing a 15 voluntary quality rating system for each provider type of child 16 care facility. 17 Sec. 86. Section 256.2, Code 2015, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5. “Telecommunications” means narrowcast 20 communications through systems that are directed toward 21 a narrowly defined audience and includes interactive live 22 communications. “Telecommunications” does not include online 23 learning. 24 Sec. 87. Section 256.7, subsection 7, paragraph d, Code 25 2015, is amended by striking the paragraph. 26 Sec. 88. Section 256B.2, subsection 1, paragraph a, Code 27 2015, is amended to read as follows: 28 a. “Children requiring special education” means persons under 29 twenty-one years of age, including children under five years of 30 age, who have a disability in obtaining an education because 31 of a head injury, autism, behavioral disorder, or physical, 32 mental, communication, or learning disability, as defined by 33 the rules of the department of education. If a child requiring 34 special education reaches “Children requiring special education” 35 -33- LSB 2080SC (28) 86 lh/rj 33/ 140
S.F. _____ includes children receiving special education services, who 1 reach the age of twenty-one during an academic year, the child 2 may and who elect to receive special education services until 3 the end of the academic year. 4 Sec. 89. Section 256F.2, subsection 2, Code 2015, is amended 5 by striking the subsection. 6 Sec. 90. Section 260C.58, subsection 2, Code 2015, is 7 amended to read as follows: 8 2. a. All bonds or notes issued under the provisions of 9 this subchapter shall be payable from and shall be secured by 10 an irrevocable first lien pledge of a sufficient portion of any 11 of the following: the 12 (1) The net rents, profits, and income derived from the 13 operation of residence halls, dormitories, dining or other 14 incidental facilities and additions, including necessary real 15 and personal property, acquired or improved in whole or in part 16 with the proceeds of such bonds or notes, regardless of the 17 manner of such acquisition or improvement . ; and the 18 (2) The net rents, profits, and income not pledged for other 19 purposes derived from the operation of any other residence 20 halls or dormitories, including dining or other incidental 21 facilities and additions, at the particular institution. 22 b. In addition, the board may secure any bonds or notes 23 issued by borrowing money, by mortgaging any real estate or 24 improvements erected on real estate, or by pledging rents, 25 profits, and income received from property for the discharge 26 of mortgages. All bonds or notes issued under the provisions 27 of this subchapter shall have all the qualities of negotiable 28 instruments under the laws of this state. 29 Sec. 91. Section 262.44, subsection 1, Code 2015, is amended 30 to read as follows: 31 1. Set aside and use portions of the respective campuses 32 of the institutions of higher education under its control, 33 namely, the state university of Iowa, the Iowa state university 34 of science and technology, and the university of northern 35 -34- LSB 2080SC (28) 86 lh/rj 34/ 140
S.F. _____ Iowa, as the board determines are suitable for the acquisition 1 or construction of self-liquidating and revenue producing 2 buildings and facilities which the board deems necessary for 3 the students and suitable for the purposes for which the 4 institutions were established including without limitation: 5 a. Student unions, recreational buildings, auditoriums, 6 stadiums, field houses, and athletic buildings and areas . , 7 parking 8 b. Parking structures and areas . , electric 9 c. Electric , heating, sewage treatment , and communication 10 utilities . , research 11 d. Research equipment . and additions 12 e. Additions to or alterations of existing buildings or 13 structures. 14 Sec. 92. Section 262.49, Code 2015, is amended to read as 15 follows: 16 262.49 No obligation against state. 17 No obligation created hereunder shall ever be or become 18 a charge against the state of Iowa but all such obligations, 19 including principal and interest, shall be payable solely from 20 any of the following : 21 1. From the The net rents, profits , and income arising from 22 the property so pledged or mortgaged , . 23 2. From the The net rents, profits, and income which has 24 not been pledged for other purposes arising from any similar 25 building, facility, area or improvement under the control and 26 management of said board , . 27 3. From the The fees or charges established by said 28 board for students attending the institution for the use or 29 availability of the building, structure, area, facility or 30 improvement for which the obligation was incurred , or . 31 4. From the The income derived from gifts and bequests made 32 to the institutions under the control of said board for such 33 purposes. 34 Sec. 93. Section 262.57, subsection 2, Code 2015, is amended 35 -35- LSB 2080SC (28) 86 lh/rj 35/ 140
S.F. _____ to read as follows: 1 2. All bonds or notes issued under the provision provisions 2 of this subchapter shall be payable solely and only from and 3 shall be secured by an irrevocable pledge of a sufficient 4 portion of the net rents, profits and income derived from the 5 operation of residence halls, dormitories, dining or other 6 incidental facilities and additions, including necessary real 7 and personal property, acquired or improved in whole or in part 8 with the proceeds of such bonds or notes, regardless of the 9 manner of such acquisition or improvement, and the net rents, 10 profits and income not pledged for other purposes derived from 11 the operation of any other residence halls or dormitories, 12 including dining or other incidental facilities and additions, 13 at the particular institution. All bonds or notes issued under 14 the provisions of this subchapter shall have all the qualities 15 of negotiable instruments under the laws of this state. 16 Sec. 94. Section 262A.2, subsection 7, Code 2015, is amended 17 to read as follows: 18 7. “Student fees and charges” shall mean all tuitions, fees 19 and charges for general or special purposes levied against 20 and collected from students attending the institutions except 21 rates, fees, rentals or charges imposed and collected under any 22 of the following provisions of (a) sections : 23 a. Sections 262.35 through 262.42 . , (b) sections 24 b. Sections 262.44 through 262.53 . , and (c) sections 25 c. Sections 262.55 through 262.66 . 26 Sec. 95. Section 263.8, Code 2015, is amended to read as 27 follows: 28 263.8 Reports —— tests. 29 1. Charges may be assessed for transportation of specimens 30 and cost of examination. Reports of epidemiological 31 examinations and investigations shall be sent to the 32 responsible agency. 33 2. In addition to its regular work, the state hygienic 34 laboratory shall perform without charge all bacteriological, 35 -36- LSB 2080SC (28) 86 lh/rj 36/ 140
S.F. _____ serological, and epidemiological examinations and 1 investigations which may be required by the Iowa department of 2 public health and said the department shall establish adopt 3 rules pursuant to chapter 17A therefor. The laboratory shall 4 also provide, those laboratory, scientific field measurement, 5 and environmental quality services which, by contract, are 6 requested by the other agencies of government. 7 3. The state hygienic laboratory is authorized to perform 8 such other laboratory determinations as may be requested by 9 any state institution, citizen, school, municipality or local 10 board of health, and the laboratory is authorized to charge 11 fees covering transportation of samples and the costs of 12 examinations performed upon their request. 13 Sec. 96. Section 303.4, subsection 1, paragraph b, Code 14 2015, is amended to read as follows: 15 b. The governor shall appoint one member from each of the 16 state’s congressional districts established under section 40.1 . 17 Sec. 97. Section 321.19, Code 2015, is amended to read as 18 follows: 19 321.19 Exemptions —— distinguishing plates —— definitions of 20 urban transit company and regional transit system. 21 1. a. The following vehicles are exempted from the payment 22 of the registration fees imposed by this chapter, except as 23 provided for urban transit companies in subsection 2, but are 24 not exempt from the penalties provided in this chapter: 25 (1) All vehicles owned or leased for a period of sixty 26 days or more by the government and used in the transaction of 27 official business by the representatives of foreign governments 28 or by officers, boards, or departments of the government of the 29 United States, and by the state, counties, municipalities and 30 other political subdivisions of the state including vehicles 31 used by an urban transit company operated by a municipality or 32 a regional transit system, and self-propelling vehicles used 33 neither for the conveyance of persons for hire, pleasure, or 34 business nor for the transportation of freight other than those 35 -37- LSB 2080SC (28) 86 lh/rj 37/ 140
S.F. _____ used by an urban transit company operated by a municipality or 1 a regional transit system . , all 2 (2) All fire trucks, providing they are not owned and 3 operated for a pecuniary profit . , and authorized 4 (3) Authorized emergency vehicles used only in disaster 5 relief owned and operated by an organization not operated 6 for pecuniary profit , are exempted from the payment of the 7 registration fees imposed by this chapter , except as provided 8 for urban transit companies in subsection 2 , but are not exempt 9 from the penalties provided in this chapter . 10 b. (1) The department shall furnish, on application, free 11 of charge, distinguishing plates for vehicles thus exempted, 12 which plates except plates on state patrol vehicles shall bear 13 the word “official” and the department shall keep a separate 14 record. 15 (2) Registration plates issued for state patrol vehicles, 16 except unmarked patrol vehicles, shall bear two red stars 17 on a yellow background, one before and one following the 18 registration number on the plate, which registration number 19 shall be the officer’s badge number. 20 (3) Registration plates issued for county sheriff’s patrol 21 vehicles shall display one seven-pointed gold star followed by 22 the letter “S” and the call number of the vehicle. However, 23 the 24 c. However, the director of the department of administrative 25 services or the director of transportation may order the 26 issuance of regular registration plates for any exempted 27 vehicle used by peace any of the following: 28 (1) Peace officers in the enforcement of the law . , persons 29 (2) Persons enforcing chapter 124 and other laws relating to 30 controlled substances . , persons 31 (3) Persons in the department of justice, the alcoholic 32 beverages division of the department of commerce, disease 33 investigators of the Iowa department of public health, the 34 department of inspections and appeals, and the department of 35 -38- LSB 2080SC (28) 86 lh/rj 38/ 140
S.F. _____ revenue, who are regularly assigned to conduct investigations 1 which cannot reasonably be conducted with a vehicle displaying 2 “official” state registration plates . , persons 3 (4) Persons in the Iowa lottery authority whose regularly 4 assigned duties relating to security or the carrying of 5 lottery tickets cannot reasonably be conducted with a vehicle 6 displaying “official” registration plates . , persons 7 (5) Persons in the economic development authority 8 who are regularly assigned duties relating to existing 9 industry expansion or business attraction, and mental health 10 professionals or health care professionals who provide off-site 11 or in-home medical or mental health services to clients of 12 publicly funded programs. 13 d. For purposes of sale of exempted vehicles, the exempted 14 governmental body, upon the sale of the exempted vehicle, may 15 issue for in-transit purposes a pasteboard card bearing the 16 words “Vehicle in Transit”, the name of the official body from 17 which the vehicle was purchased, together with the date of the 18 purchase plainly marked in at least one-inch letters, and other 19 information required by the department. The in-transit card is 20 valid for use only within forty-eight hours after the purchase 21 date as indicated on the bill of sale which shall be carried by 22 the driver. 23 2. a. “Urban transit company” means any person, firm, 24 corporation, company, or municipality which operates buses 25 or trolley cars or both, primarily upon the streets of 26 cities over well-defined routes between certain termini, for 27 the transportation of passengers for a uniform fare, and 28 which accepts for passengers all who present themselves for 29 transportation without discrimination up to the limit of the 30 capacity of each vehicle. Included are street railways, 31 plants, equipment, property, and rights, used and useful 32 in the transportation of passengers. Motor carriers and 33 interurbans subject to the jurisdiction of the state department 34 of transportation, and taxicabs, are not included. 35 -39- LSB 2080SC (28) 86 lh/rj 39/ 140
S.F. _____ b. The department, in accordance with subsection 1 , 1 shall furnish distinguishing plates for vehicles used by 2 urban transit companies operated by a municipality. No 3 other provision of law providing for the payment of taxes, 4 registration, or license fees for vehicles shall be applicable 5 to any bus, car, or vehicle for the transportation of 6 passengers owned and operated by any urban transit company. 7 c. Chapter 326 is not applicable to urban transit companies 8 or systems. 9 3. a. “Regional transit system” means a public transit 10 system serving one county or all or part of a multicounty area 11 whose boundaries correspond to the same boundaries as those of 12 the regional planning areas designated by the governor, except 13 as agreed upon by the department. Privately chartered bus 14 services and uses other than providing services that are open 15 and public on a shared ride basis shall not be construed to be a 16 regional transit system. 17 b. Each county board of supervisors within the region is 18 responsible for determining the service and funding within 19 its county. However, the administration and overhead support 20 services for the overall regional transit system shall be 21 consolidated into one existing or new agency to be mutually 22 agreed upon by the participating members. Privately chartered 23 bus services and uses other than providing services that are 24 open and public on a shared ride basis shall not be construed 25 to be a regional transit system. 26 Sec. 98. Section 321.34, subsection 20C, paragraphs a and c, 27 Code 2015, are amended to read as follows: 28 a. The department, in consultation with the adjutant 29 general, shall design combat infantryman badge, combat 30 action badge, combat action ribbon, air force combat action 31 medal, and combat medical badge distinguishing processed 32 emblems. Upon receipt of two hundred fifty orders for combat 33 infantryman badge, combat action badge, combat action ribbon, 34 air force combat action medal, or combat medical badge special 35 -40- LSB 2080SC (28) 86 lh/rj 40/ 140
S.F. _____ registration plates, accompanied by a start-up fee of twenty 1 dollars per order, the department shall begin issuing special 2 registration plates with the applicable distinguishing 3 processed emblem as provided in paragraphs “b” , “c” , and “d” . 4 The minimum order requirement shall apply separately to each of 5 the special registration plates created under this subsection . 6 c. Notwithstanding subsection 12 , paragraph “a” , an owner 7 who is approved for special registration plates under this 8 subsection shall be issued one set of special registration 9 plates with a combat infantryman badge, combat action badge, 10 combat action ribbon, air force combat action medal, and or 11 combat medical badge distinguishing processed emblem at no 12 charge. 13 Sec. 99. Section 321.34, subsection 27, paragraph a, Code 14 2015, is amended to read as follows: 15 a. An owner referred to in subsection 12 who served in the 16 armed forces of the United States and was discharged under 17 honorable conditions may, upon written application to the 18 department and upon presentation of satisfactory proof of 19 military service and discharge under honorable conditions, 20 order special registration plates bearing a distinguishing 21 processed emblem depicting the word “veteran” below an image 22 of the American flag. The application is subject to approval 23 by the department. The special plate fees collected by the 24 director under subsection 12 , paragraph “a” , from the annual 25 validation of letter-number designated United States veteran 26 plates, and subsection 12 , paragraph “c” , from the issuance 27 and annual validation of personalized United States veteran 28 plates, shall be paid monthly to the treasurer of state and 29 deposited in the road use tax fund. The treasurer of state 30 shall transfer monthly from the statutory allocations fund 31 created under section 321.145, subsection 2 , to the veterans 32 license fee fund created in section 35A.11 the amount of the 33 special fees collected under subsection 12 , paragraph “a” , in 34 the previous month for United States veteran plates. 35 -41- LSB 2080SC (28) 86 lh/rj 41/ 140
S.F. _____ Sec. 100. Section 321.59, Code 2015, is amended to read as 1 follows: 2 321.59 Issuance of certificate. 3 The department, upon granting any such an application made 4 as provided under section 321.58 , shall issue to the applicant 5 a certificate containing the applicant’s name and address and 6 the general distinguishing number assigned to the applicant. 7 Sec. 101. Section 321.154, Code 2015, is amended to read as 8 follows: 9 321.154 Reports by department. 10 The department, immediately upon receiving said the county 11 treasurer’s report under section 321.153 , shall also report to 12 the treasurer of state the amount so collected by such county 13 treasurer. 14 Sec. 102. Section 321.191, subsection 7, Code 2015, is 15 amended to read as follows: 16 7. Endorsements and removal of air brake restrictions. The 17 fee for a double/triple double or triple trailer endorsement, 18 tank vehicle endorsement, and hazardous materials endorsement 19 is five dollars for each endorsement. The fee for a passenger 20 endorsement or a school bus endorsement is ten dollars. The 21 fee for removal of an air brake restriction on a commercial 22 driver’s license is ten dollars. Fees imposed under this 23 subsection for endorsements or removal of restrictions are 24 valid for the period of the license. Upon renewal of a 25 commercial driver’s license, no fee is payable for retaining 26 endorsements or the removal of the air brake restriction for 27 those endorsements or restrictions which do not require the 28 taking of either a knowledge or a driving skills test for 29 renewal. 30 Sec. 103. Section 321.198, subsection 2, Code 2015, is 31 amended to read as follows: 32 2. The provisions of this section shall also apply to 33 the spouse and children, or ward of such military personnel 34 when such spouse, children, or ward are living with the above 35 -42- LSB 2080SC (28) 86 lh/rj 42/ 140
S.F. _____ described military personnel described in subsection 1 outside 1 of the state of Iowa and provided that such extension of 2 license does not exceed five years. 3 Sec. 104. Section 321.453, Code 2015, is amended to read as 4 follows: 5 321.453 Exceptions. 6 1. The Except as provided in sections 321.463, 321.471, and 7 321.474, the provisions of this chapter governing size, weight, 8 and load and the permit requirements of chapter 321E do not 9 apply to fire any of the following: 10 a. Fire apparatus . ; road 11 b. Road maintenance equipment owned by, under lease to, or 12 used in the performance of a contract with any state or local 13 authority . ; implements 14 c. Implements of husbandry when moved or moving upon a 15 highway that is not a portion of the interstate . ; or equipment 16 d. Equipment used primarily for construction of permanent 17 conservation practices on agricultural land when moved or 18 moving upon a highway that is not a portion of the interstate, 19 so long as the equipment is without payload and the movement 20 does not violate posted weight limitations on bridges , except 21 as provided in sections 321.463 , 321.471 , and 321.474 . 22 2. A vehicle that is carrying an implement of husbandry 23 or equipment used primarily for construction of permanent 24 conservation practices and is exempted from the permit 25 requirements under this section shall be equipped with an amber 26 flashing light visible from the rear. If the amber flashing 27 light is obstructed by the loaded implement or equipment, 28 the loaded implement or equipment shall also be equipped 29 with and display an amber flashing light. The vehicle shall 30 also be equipped with warning flags on that portion of the 31 vehicle which protrudes into oncoming traffic, and shall only 32 operate from thirty minutes prior to sunrise to thirty minutes 33 following sunset. 34 Sec. 105. Section 321A.39, subsection 1, Code 2015, is 35 -43- LSB 2080SC (28) 86 lh/rj 43/ 140
S.F. _____ amended to read as follows: 1 1. Whenever any dealer licensed under chapter 322 sells a 2 motor vehicle at retail and the transaction does not include 3 the sale of liability insurance coverage which will protect the 4 purchaser under the Iowa motor vehicle financial and safety 5 responsibility Act this chapter the purchase order or invoice 6 evidencing the transaction shall contain a statement in the 7 following form: 8 I understand that liability insurance coverage which would 9 protect me under the Iowa Motor Vehicle Financial and Safety 10 Responsibility Act , Iowa Code chapter 321A, IS NOT INCLUDED 11 in my purchase of the herein described motor vehicle. I have 12 received a copy of this statement. 13 .......... 14 (Purchaser’s signature) 15 Sec. 106. Section 321E.11, subsection 3, Code 2015, is 16 amended to read as follows: 17 3. Except as provided in section 321.457 , no movement under 18 permit shall be permitted on holidays, after 12:00 noon on days 19 preceding holidays and holiday weekends, or special events 20 when abnormally high traffic volumes can be expected. Such 21 restrictions shall not be applicable to urban transit systems 22 as defined in section 321.19, subsection 2 324A.1 . 23 Sec. 107. Section 321G.4, subsection 4, Code 2015, is 24 amended to read as follows: 25 4. Notwithstanding subsections 1 and 2 , a snowmobile 26 manufactured prior to 1984 may be registered as an antique 27 snowmobile for a one-time fee of twenty-five dollars, which 28 shall exempt the owner from annual registration and fee 29 requirements for that snowmobile. However, if ownership of an 30 antique snowmobile is transferred, the new owner shall register 31 the snowmobile and pay the one-time fee as required under this 32 subsection . A An antique snowmobile may be registered under 33 this section with only a signed bill of sale as evidence of 34 ownership. 35 -44- LSB 2080SC (28) 86 lh/rj 44/ 140
S.F. _____ Sec. 108. Section 331.508, subsection 5, Code 2015, is 1 amended to read as follows: 2 5. A permanent record book of the names and addresses of 3 persons receiving veteran assistance as provided in section 4 35B.10 . 5 Sec. 109. Section 358.21, Code 2015, is amended to read as 6 follows: 7 358.21 Debt limit —— borrowing —— bonds —— purposes. 8 1. a. Any sanitary district organized hereunder under this 9 chapter may borrow money for its corporate purposes, but shall 10 not become indebted in any manner or for any purpose to an 11 amount in the aggregate exceeding five percent on the value of 12 the taxable property within such district, to be ascertained by 13 the last state and county tax lists previous to the incurring 14 of such indebtedness. Indebtedness within this constitutional 15 limit shall not include the indebtedness of any other municipal 16 corporation located wholly or partly within the boundaries of 17 such sanitary district. 18 b. Subject only to this the debt limitation described in 19 paragraph “a” , any such sanitary district organized hereunder 20 under this chapter shall have and it is hereby vested with 21 all of the same powers to issue bonds, including both general 22 obligation and revenue bonds, which cities now or may hereafter 23 have under the laws of this state. In the application of 24 such laws to this chapter , the words used in any such laws 25 referring to municipal corporations or to cities shall be held 26 to include sanitary districts organized under this chapter , 27 the words “council” or “city council” shall be held to include 28 the board of trustees of a sanitary district; the words 29 “mayor” and “clerk” shall be held to include the president and 30 clerk of any such board of trustees or sanitary district; and 31 like construction shall be given to any other words in such 32 laws where required to permit the exercise of such powers by 33 sanitary districts. 34 2. Any and all bonds issued hereunder under the provisions 35 -45- LSB 2080SC (28) 86 lh/rj 45/ 140
S.F. _____ of this section shall be signed by the president of the board 1 of trustees and attested by the clerk, with the seal of the 2 district, if any, affixed, and interest coupons attached 3 thereto shall be attested by the signature of the clerk. 4 3. The proceeds of any bond issue made under the provisions 5 of this section shall be used only for the purpose of 6 acquiring, locating, laying out, establishing and construction 7 of drainage facilities, conduits, treatment plants, pumping 8 plants, works, ditches, channels and outlets of such capacity 9 and character as may be required for the treatment, carrying 10 off and disposal of the sewage and industrial wastes and other 11 drainage incidental thereto of such district, or to repair, 12 change, enlarge and add to such facilities as may be necessary 13 or proper to meet the requirements present and future for the 14 purposes aforesaid. Proceeds from such bond issue may also 15 be used for the payment of special assessment deficiencies. 16 Said bonds shall be payable in not more than forty annual 17 installments and with interest at a rate not exceeding that 18 permitted by chapter 74A , and shall be made payable at such 19 place and be of such form as the board of trustees shall by 20 resolution designate. Any sanitary district issuing bonds 21 as authorized in this section is hereby granted authority to 22 pledge the future avails of a tax levy to the payment of the 23 principal and interest of such bonds after the same come due, 24 and the power to impose and certify said levy is hereby granted 25 to the trustees of sanitary districts organized under the 26 provisions of this chapter . 27 Sec. 110. Section 359A.6, Code 2015, is amended to read as 28 follows: 29 359A.6 Default —— costs and fees collected. 30 If the erecting, rebuilding, or repairing of a fence is not 31 completed within thirty days from and after the time fixed 32 in the order, the board of township trustees acting as fence 33 viewers shall cause the fence to be erected, rebuilt, and 34 repaired, and the value thereof may be fixed by the fence 35 -46- LSB 2080SC (28) 86 lh/rj 46/ 140
S.F. _____ viewers , and unless . Unless the sum so fixed, together with 1 all fees of the fence viewers caused by such the default, is 2 paid to the county treasurer, within ten days after the same 3 full amount due is so ascertained ; , or when ordered to pay for 4 an existing fence, and the value thereof is fixed by the fence 5 viewers, and said the sum, together with the fees of the fence 6 viewers, remains unpaid by the party in default for ten days, 7 the fence viewers shall certify to the county treasurer the 8 full amount due from the party or parties in default, including 9 all fees and costs assessed by the fence viewers, together 10 with a description of the real estate owned by the party or 11 parties in default along or upon which the said fence exists , 12 and the . The county treasurer shall enter the same full amount 13 due upon the county system, and the amount shall be collected 14 in the same manner as ordinary taxes. Upon certification to 15 the county treasurer, the amount assessed shall be a lien on 16 the parcel until paid. 17 Sec. 111. Section 364.24, Code 2015, is amended to read as 18 follows: 19 364.24 Traffic light synchronization. 20 After July 1, 1992, all All cities with more than three 21 traffic lights within the corporate limits shall establish a 22 traffic light synchronization program for energy efficiency 23 in accordance with rules adopted by the state department of 24 transportation pursuant to chapter 17A . The state department 25 of transportation shall adopt rules required by this section 26 by July 1, 1990. This section does not require that a city 27 replace lighting, which has not completed its useful life, 28 in order to comply with the requirements of this section . 29 However, all lighting shall be replaced, whether or not it has 30 completed its useful life, by July 1, 2001. 31 Sec. 112. Section 388.11, Code 2015, is amended to read as 32 follows: 33 388.11 Liability within two miles. 34 A city or city utility providing water service within two 35 -47- LSB 2080SC (28) 86 lh/rj 47/ 140
S.F. _____ miles of the limits of the city shall not be liable for a claim 1 for failure to provide or maintain fire hydrants, facilities, 2 or an adequate supply of water or water pressure for fire 3 protection purposes in the area receiving water service if such 4 hydrants, facilities, or water are not intended to be used for 5 fire protection purposes. 6 Sec. 113. Section 403.9, subsection 1, Code 2015, is amended 7 to read as follows: 8 1. A municipality shall have power to periodically issue 9 bonds in its discretion to pay the costs of carrying out the 10 purposes and provisions of this chapter , including but not 11 limited to the payment of principal and interest upon any 12 advances for surveys and planning, and the payment of interest 13 on bonds, herein authorized, not to exceed three years from 14 the date the bonds are issued. The municipality shall have 15 power to issue refunding bonds for the payment or retirement 16 of such bonds previously issued by it the municipality . Said 17 bonds shall be payable solely from the income and proceeds of 18 the fund and portion of taxes referred to in section 403.19, 19 subsection 2, and revenues and other funds of the municipality 20 derived from or held in connection with the undertaking and 21 carrying out of urban renewal projects under this chapter . The 22 municipality may pledge to the payment of the bonds the fund 23 and portion of taxes referred to in section 403.19, subsection 24 2, and may further secure the bonds by a pledge of any loan, 25 grant, or contribution from the federal government or other 26 source in aid of any urban renewal projects of the municipality 27 under this chapter , or by a mortgage of any such urban renewal 28 projects, or any part thereof, title which is vested in the 29 municipality. 30 Sec. 114. Section 403.15, subsection 1, Code 2015, is 31 amended to read as follows: 32 1. There is hereby created in each municipality a public 33 body corporate and politic to be known as the “urban renewal 34 agency” of the municipality : Provided, that such . An urban 35 -48- LSB 2080SC (28) 86 lh/rj 48/ 140
S.F. _____ renewal agency shall not transact any business or exercise its 1 powers hereunder until or unless the local governing body has 2 made the finding prescribed in section 403.4 , and has elected 3 to have the urban renewal project powers exercised by an urban 4 renewal agency as provided in section 403.14 . 5 Sec. 115. Section 404.4, Code 2015, is amended to read as 6 follows: 7 404.4 Prior approval of eligibility. 8 1. A person may submit a proposal for an improvement 9 project to the governing body of the city or county to receive 10 prior approval for eligibility for a tax exemption on the 11 project. The governing body shall, by resolution, give its 12 prior approval for an improvement project if the project is 13 in conformance with the plan for revitalization developed by 14 the city or county. Such prior approval shall not entitle the 15 owner to exemption from taxation until the improvements have 16 been completed and found to be qualified real estate; however, 17 if the proposal is not approved, the person may submit an 18 amended proposal for the governing body to approve or reject. 19 2. An application shall be filed for each new exemption 20 claimed. The first application for an exemption shall be 21 filed by the owner of the property with the governing body 22 of the city or county in which the property is located by 23 February 1 of the assessment year for which the exemption 24 is first claimed, but not later than the year in which all 25 improvements included in the project are first assessed for 26 taxation, or the following two assessment years, in which case 27 the exemption is allowed for the total number of years in the 28 exemption schedule. However, upon the request of the owner at 29 any time, the governing body of the city or county provides by 30 resolution that the owner may file an application by February 31 1 of any other assessment year selected by the governing body 32 in which case the exemption is allowed for the number of years 33 remaining in the exemption schedule selected. The application 34 shall contain , but not be limited to , all of the following 35 -49-