Bill Text: IA SSB3176 | 2019-2020 | 88th General Assembly | Introduced


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

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-02-19 - Committee report approving bill, renumbered as SF 2347. [SSB3176 Detail]

Download: Iowa-2019-SSB3176-Introduced.html
Senate Study Bill 3176 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 5940SC (14) 88 lh/ns
S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 6B.32, Code 2020, is amended to read as 3 follows: 4 6B.32 Removal of condemner. 5 The sheriff, upon being furnished with a copy of the 6 assessment as determined on appeal, certified to by the clerk 7 of the district court, may remove from said premises the 8 condemner and all persons acting for or under the condemner, 9 unless the amount of the assessment is forthwith paid or 10 deposited as hereinbefore provided in sections 6B.25 through 11 6B.31 . 12 Sec. 2. Section 8.2, subsection 5, Code 2020, is amended to 13 read as follows: 14 5. The terms “department and establishment” and “department” 15 or “establishment” , mean any executive department, commission, 16 board, institution, bureau, office, or other agency of the 17 state government, by whatever name called, that uses, expends, 18 or receives any state funds, including the state department of 19 transportation, except for funds which are required to match 20 federal aid allotted to the state by the federal government for 21 highway special purposes, and except but excluding the courts , 22 by whatever name called, other than and the legislature , that 23 uses, expends or receives any state funds . 24 Sec. 3. Section 8.35, Code 2020, is amended to read as 25 follows: 26 8.35 General supervisory control. 27 The governor and the director of the department of 28 management and any officer of the department of management, 29 hereinabove provided for, when authorized by the governor, 30 are hereby authorized to make such inquiries regarding the 31 receipts, custody , and application of state funds, existing 32 organization, activities , and methods of business of the 33 departments and establishments, assignments of particular 34 activities to particular services and regrouping of such 35 -1- LSB 5940SC (14) 88 lh/ns 1/ 180
S.F. _____ services, as in the opinion of the governor, will enable the 1 governor to make recommendations to the legislature, and, 2 within the scope of the powers possessed by the governor, to 3 order action to be taken, having for their purpose to bring 4 about increased economy and efficiency in the conduct of the 5 affairs of government. 6 Sec. 4. Section 8D.3, subsection 3, paragraph e, 7 subparagraph (3), Code 2020, is amended by striking the 8 subparagraph. 9 Sec. 5. Section 8D.13, subsection 13, Code 2020, is amended 10 by striking the subsection. 11 Sec. 6. Section 9H.1, subsection 23, Code 2020, is amended 12 to read as follows: 13 23. “Testamentary trust” means a trust created by devising 14 or bequeathing property in trust in a will as such terms are 15 used in the Iowa probate trust code as provided in chapter 16 633A . Testamentary trust includes a revocable trust that has 17 not been revoked prior to the grantor’s death. 18 Sec. 7. Section 10.2, unnumbered paragraph 1, Code 2020, is 19 amended to read as follows: 20 As used in this chapter , all of the following apply: 21 Sec. 8. Section 12.20, Code 2020, is amended to read as 22 follows: 23 12.20 Issuance of new check. 24 Upon presentation of any check voided as above provided in 25 section 12.19 by the holder thereof of the check after said the 26 six months’ six-months’ period, the state treasurer is hereby 27 authorized to issue to said holder, a new check for the amount 28 of the original check to the holder . 29 Sec. 9. Section 12.30, subsection 1, paragraph a, Code 2020, 30 is amended to read as follows: 31 a. “Authority” means a department, or public or quasi-public 32 instrumentality of the state including but not limited to the 33 authority created under chapter 12E , 16 , 257C , or 261A , which 34 has the power to issue obligations, except that “authority” 35 -2- LSB 5940SC (14) 88 lh/ns 2/ 180
S.F. _____ does not include the state board of regents or the Iowa finance 1 authority to the extent it the Iowa finance authority acts 2 pursuant to chapter 260C . “Authority” also includes a port 3 authority created under chapter 28J . 4 Sec. 10. Section 16.2, subsection 1, Code 2020, is amended 5 to read as follows: 6 1. An Iowa finance authority board of directors is 7 created. The powers of the authority are vested in and shall 8 be exercised by the board. The authority includes nine voting 9 members appointed by the governor subject to confirmation by 10 the senate. The authority also includes one ex officio voting 11 member who must be designated by the agricultural development 12 board created in section 16.2C and be a member of that board. 13 a. Not more than five members shall belong to the same 14 political party. 15 b. As far as possible, when appointing members the governor 16 shall include within the membership persons who represent 17 community and housing development industries, housing finance 18 industries, the real estate sales industry, elderly families, 19 minorities, lower income families, very low income families, 20 families which include persons with disabilities, average 21 taxpayers, local government, business interests, and any other 22 person specially interested in community housing, finance, or 23 small business. 24 Sec. 11. Section 16.47, subsection 1, Code 2020, is amended 25 to read as follows: 26 1. A home and community-based services revolving loan 27 program fund is created within the authority to further the 28 goals specified in section 231.3 , adult day services, case 29 management services, options counseling, family caregiving, 30 homemaker services, respite services, congregate and home 31 delivered meals, health and wellness, health screening, 32 and nutritional assessments. The moneys in the home and 33 community-based services revolving loan program fund shall be 34 used by the authority for the development and operation of a 35 -3- LSB 5940SC (14) 88 lh/ns 3/ 180
S.F. _____ revolving loan program to develop and expand facilities and 1 infrastructure that provide adult day services, case management 2 services, options counseling, family caregiving, homemaker 3 services, respite services, congregate and home delivered 4 meals, and programming space for health and wellness, health 5 screening, and nutritional assessments that address the needs 6 of persons with low incomes. 7 Sec. 12. Section 24.4, Code 2020, is amended to read as 8 follows: 9 24.4 Time of filing estimates. 10 All such The estimates required under section 24.3 and any 11 other estimates required by law shall be made and filed a 12 sufficient length of time in advance of any regular or special 13 meeting of the certifying board or levying board, as the case 14 may be, at which tax levies are authorized to be made to permit 15 publication, discussion, and consideration thereof and action 16 thereon as hereinafter provided. 17 Sec. 13. Section 24.5, Code 2020, is amended to read as 18 follows: 19 24.5 Estimates itemized. 20 The estimates herein required under this chapter shall be 21 fully itemized and classified so as to show each particular 22 class of proposed expenditure, showing under separate heads the 23 amount required in such manner and form as shall be prescribed 24 by the state board. 25 Sec. 14. Section 29A.1, unnumbered paragraph 1, Code 2020, 26 is amended to read as follows: 27 The following words, terms, and phrases when used in this 28 chapter shall have the respective meanings herein set forth in 29 this section : 30 Sec. 15. Section 29A.1, subsection 14, Code 2020, is amended 31 to read as follows: 32 14. Except when otherwise expressly defined herein in this 33 section, military words, terms , and phrases shall have the 34 meaning commonly ascribed to them in the military profession. 35 -4- LSB 5940SC (14) 88 lh/ns 4/ 180
S.F. _____ Sec. 16. Section 29A.4, Code 2020, is amended to read as 1 follows: 2 29A.4 Organization —— armament —— equipment and discipline. 3 The organization, armament, equipment and discipline of 4 the national guard, and the militia when called into state 5 active duty, except as hereinafter specifically provided in 6 this chapter , shall be the same as that which is now or may 7 be hereafter prescribed under the provisions of federal law 8 and regulations as to those requirements which are mandatory 9 therein under federal law and regulation , but as to those 10 things which are optional therein under federal law and 11 regulation they shall become effective when an order or 12 regulation to that effect shall have been is promulgated by the 13 governor. 14 Sec. 17. Section 29A.20, Code 2020, is amended to read as 15 follows: 16 29A.20 Officers. 17 Officers of the national guard shall be selected from the 18 classes of persons having the qualifications prescribed by 19 federal law and regulations. They shall be appointed by the 20 governor upon the recommendation of their superiors in the 21 chain of command, provided that they shall have successfully 22 passed such tests as to physical, moral, and professional 23 fitness, as shall be prescribed by law and regulations. Each 24 officer shall take an oath of office and shall hold office 25 until the officer shall have attained the maximum age of 26 retirement that is prescribed by federal law or regulations 27 pertaining to officers of the armed forces of the United 28 States, unless the officer’s commission or warrant is sooner 29 vacated by resignation, death , or as hereinafter provided in 30 this chapter . In case the officer has no immediate superiors, 31 within the state, in the chain of command, the officer shall 32 be appointed, as above provided in this section , upon the 33 recommendation of the adjutant general. A commission shall 34 designate the arm or branch of service in which the officer 35 -5- LSB 5940SC (14) 88 lh/ns 5/ 180
S.F. _____ is commissioned. Provided, however, that no person shall be 1 appointed a commissioned or warrant officer who has not reached 2 the person’s eighteenth birthday at or prior to the time of 3 such appointment. 4 Sec. 18. Section 29A.74, subsection 2, Code 2020, is amended 5 to read as follows: 6 2. Except as otherwise provided in this chapter no , a report 7 or listing , either official or otherwise, of “missing” or 8 “missing in action” shall not constitute or be interpreted as 9 constituting actual knowledge or actual notice of the death of 10 such principal or notice of any facts indicating the same, or 11 shall operate to revoke the agency. 12 Sec. 19. Section 29B.119, subsection 1, Code 2020, is 13 amended to read as follows: 14 1. Whenever complaint is made to any commanding officer that 15 willful damage has been done to the property of any person or 16 that the person’s property has been wrongfully taken by members 17 of the state military forces, the person may, subject to such 18 regulations as the adjutant general may prescribe, convene a 19 board to investigate the complaint. The board shall consist of 20 from one to three commissioned officers and, for the purpose 21 of that investigation, it has power to summon witnesses and 22 examine them upon oath or affirmation, to receive depositions 23 or other documentary evidence, and to assess the damages 24 sustained against the responsible parties. The assessment of 25 damages made by the board is subject to the approval of the 26 commanding officer, and in the amount approved shall be charged 27 against the pay of the offenders. The order of the commanding 28 officer directing charges herein authorized in this section 29 is conclusive, except as provided herein in this chapter , on 30 any disbursement officer for the payment by the officer to the 31 injured parties of the damages so assessed and approved. 32 Sec. 20. Section 29C.24, subsection 6, Code 2020, is amended 33 to read as follows: 34 6. Powers and duties not created. This Act section shall 35 -6- LSB 5940SC (14) 88 lh/ns 6/ 180
S.F. _____ not be construed to place any new mandates or duties upon 1 a local emergency management commission or create any new 2 authority or power for a local emergency management commission 3 not already expressly granted in another provision of this 4 chapter . 5 Sec. 21. Section 39.25, Code 2020, is amended to read as 6 follows: 7 39.25 Sex no Gender not a disqualification. 8 No A person shall not be disqualified on account of sex the 9 person’s gender from holding any office created by the statutes 10 of this state. 11 Sec. 22. Section 43.77, subsection 1, Code 2020, is amended 12 to read as follows: 13 1. No Either no person filed under section 43.11 as a 14 candidate for the party’s nomination for that office in the 15 primary election, or all persons who filed under section 43.11 16 as candidates for the party’s nomination for that office in 17 the primary election subsequently withdrew as candidates, were 18 found to lack the requisite qualifications for the office , or 19 died before the date of the primary election, and no candidate 20 received a sufficient number of write-in votes to be nominated. 21 Sec. 23. Section 43.103, Code 2020, is amended to read as 22 follows: 23 43.103 Duty of county commissioner. 24 The commissioner, in case the district delegates for the 25 commissioner’s county have not been selected, shall deliver a 26 copy of said the call of the state party chairperson to the 27 chairperson of the convention which selects said delegates. 28 Sec. 24. Section 43.112, Code 2020, is amended to read as 29 follows: 30 43.112 Nominations in certain cities. 31 1. This chapter shall, so far as applicable, govern the 32 nominations of candidates by political parties for all offices 33 to be filled by a direct vote of the people in cities acting 34 under a special charter in 1973 and having a population of 35 -7- LSB 5940SC (14) 88 lh/ns 7/ 180
S.F. _____ over fifty thousand, except all such cities as choose by 1 special election to conduct nonpartisan city elections under 2 the provisions of chapter 44 , 45 , or 376 . An election on the 3 question of conducting city elections in such a special charter 4 city on a nonpartisan basis may be called by the city council 5 on its own initiative, and shall be called by the council upon 6 receipt of a petition of the voters which so requests and 7 is presented in conformity with section 362.4 , but a special 8 election on that question shall be held concurrently with any 9 election being held on the first Tuesday after the first Monday 10 in November of any odd-numbered year. 11 2. Sections 43.114 to through 43.118 shall apply only 12 to cities to which this chapter is made applicable by this 13 section . 14 Sec. 25. Section 43.116, subsection 1, paragraph a, Code 15 2020, is amended to read as follows: 16 a. No Either no person filed at the time required by section 17 43.115 as a candidate for the party’s nomination for that 18 office in the city primary election held under section 43.112 , 19 or all persons who did so subsequently withdrew as candidates, 20 were found to lack the requisite requirements for the office , 21 or died before the date of the city primary election, and no 22 candidate received a number of write-in votes sufficient for 23 nomination under section 43.53 ; or 24 Sec. 26. Section 44.13, Code 2020, is amended to read as 25 follows: 26 44.13 Certificates in matter of vacancies. 27 The certificates of nominations made to supply fill such 28 vacancies shall state, in addition to the facts and candidate’s 29 affidavit required in an original certificate, the name of 30 the original nominee, the date of death or declination of 31 nomination, or the fact that the former nomination has been 32 held insufficient or inoperative, and the measures taken in 33 accordance with the above requirements for filling a vacancy, 34 and shall be signed and sworn to by the presiding officer and 35 -8- LSB 5940SC (14) 88 lh/ns 8/ 180
S.F. _____ secretary of the convention, or caucus, or by the chairperson 1 and secretary of the committee, as the case may be. 2 Sec. 27. Section 46.2A, subsection 3, Code 2020, is amended 3 to read as follows: 4 3. The terms of any commissioner currently serving on May 5 8, 2019, on the state judicial nominating commission or any 6 commissioner already elected to begin serving on July 1, 2019, 7 shall not be affected by 2019 Iowa Acts, ch. 89. 8 Sec. 28. Section 46.2A, Code 2020, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 4. This section is repealed July 1, 2024. 11 Sec. 29. Section 46.5, subsection 5, Code 2020, is amended 12 to read as follows: 13 5. Notwithstanding section 69.1A , appointed and elected 14 commissioners on the state and district judicial nominating 15 commissions shall not hold over until their successor is 16 appointed or elected and qualified. 17 Sec. 30. Section 49.31, subsection 1, paragraph b, Code 18 2020, is amended to read as follows: 19 b. (1) The commissioner shall determine the order of 20 candidates on the ballot as provided in this paragraph. The 21 order shall be the same for each office on the ballot and for 22 each precinct in the county voting in the election. 23 (2) The state commissioner shall compile a list of each 24 county in the state in alphabetical order and assign a number 25 to each county such that the first county listed is number 26 one, the second county listed is number two, and continuing 27 in descending order in the same manner. The commissioner 28 shall put in alphabetical order the top two political parties 29 receiving the highest votes from the most recent election. 30 (3) The commissioner of each county assigned an even number 31 pursuant to subparagraph (2) shall arrange the ballot as 32 follows: 33 (a) The candidates of the first political party by 34 alphabetical order pursuant to subparagraph (2) shall appear 35 -9- LSB 5940SC (14) 88 lh/ns 9/ 180
S.F. _____ first on the ballot for the first general election at which 1 the president of the United States is to be elected following 2 July 1, 2019, and second on the ballot for the first general 3 election at which the governor will be elected following July 4 1, 2019, and second on the ballot for the second general 5 election at which the president of the United States is to be 6 elected following July 1, 2019, and first on the ballot for the 7 second general election at which the governor will be elected 8 following July 1, 2019, and thereafter alternating with the 9 candidates of the second political party by alphabetical order 10 pursuant to subparagraph (2). 11 (b) The candidates of the second political party by 12 alphabetical order pursuant to subparagraph (2) shall appear 13 second on the ballot for the first general election at which 14 the president of the United States is to be elected following 15 July 1, 2019, and first on the ballot for the first general 16 election at which the governor will be elected following 17 July 1, 2019, and first on the ballot for the second general 18 election at which the president of the United States is to 19 be elected following July 1, 2019, and second on the ballot 20 for the second general election at which the governor will be 21 elected following July 1, 2019, and thereafter alternating with 22 the candidates of the first political party by alphabetical 23 order pursuant to subparagraph (2). 24 (4) The commissioner of each county assigned an odd number 25 pursuant to subparagraph (2) shall arrange the ballot as 26 follows: 27 (a) The candidates of the second political party by 28 alphabetical order pursuant to subparagraph (2) shall appear 29 first on the ballot for the first general election at which 30 the president of the United States is to be elected following 31 July 1, 2019, and second on the ballot for the first general 32 election at which the governor will be elected following July 33 1, 2019, and second on the ballot for the second general 34 election at which the president of the United States is to be 35 -10- LSB 5940SC (14) 88 lh/ns 10/ 180
S.F. _____ elected following July 1, 2019, and first on the ballot for the 1 second general election at which the governor will be elected 2 following July 1, 2019, and thereafter alternating with the 3 candidates of the first political party by alphabetical order 4 pursuant to subparagraph (2). 5 (b) The candidates of the first political party by 6 alphabetical order pursuant to subparagraph (2) shall appear 7 second on the ballot for the first general election at which 8 the president of the United States is to be elected following 9 July 1, 2019, and first on the ballot for the first general 10 election at which the governor will be elected following 11 July 1, 2019, and first on the ballot for the second general 12 election at which the president of the United States is to 13 be elected following July 1, 2019, and second on the ballot 14 for the second general election at which the governor will be 15 elected following July 1, 2019, and thereafter alternating with 16 the candidates of the second political party by alphabetical 17 order pursuant to subparagraph (2). 18 (c) (5) The commissioner shall determine the order of 19 candidates of nonparty political organizations on the ballot. 20 The order shall be the same for each office on the ballot and 21 for each precinct in the county voting in the election. 22 Sec. 31. Section 49.38, Code 2020, is amended to read as 23 follows: 24 49.38 Candidate’s name to appear but once. 25 The name of a candidate shall not appear upon the ballot in 26 more than one place for the same office, whether nominated by 27 convention, primary, caucus, or petition, except as hereinafter 28 otherwise provided in this chapter . 29 Sec. 32. Section 49.49, Code 2020, is amended to read as 30 follows: 31 49.49 Certain sample ballots prohibited. 32 The commissioner and state commissioner of elections shall 33 not distribute or authorize the distribution of sample ballots 34 to voters other than as provided in sections 43.30, 49.53 , and 35 -11- LSB 5940SC (14) 88 lh/ns 11/ 180
S.F. _____ 52.29 . 1 Sec. 33. Section 49.58, subsection 2, Code 2020, is amended 2 to read as follows: 3 2. Each candidate for that office whose name appeared 4 on the general election ballot shall also be a candidate for 5 the office in the special election, except that the deceased 6 candidate’s political party may designate another candidate in 7 substantially the manner provided by section 43.78 for filling 8 vacancies on the general election ballot. However, a political 9 party which did not have a candidate on the general election 10 ballot for the office in question may similarly designate a 11 candidate for that office in the special election. The name 12 of any replacement or additional candidate so designated shall 13 be submitted in writing to the state commissioner, or the 14 commissioner in the case of a candidate for county supervisor, 15 not later than 5:00 p.m. on the first Tuesday after the date of 16 the general election. The name of a any other candidate that 17 did not appear on the general election ballot as a candidate 18 for the office in question shall not be placed on the ballot 19 for the special election, in any manner. The special election 20 shall be held and canvassed in the manner prescribed by law for 21 the general election. 22 Sec. 34. Section 49A.10, subsection 1, Code 2020, is amended 23 to read as follows: 24 1. Whenever an amendment to the Constitution of the State of 25 Iowa shall have been is proposed and agreed to by the general 26 assembly and shall have been is agreed to by the succeeding 27 general assembly, any taxpayer may file suit in equity in 28 the district court at the seat of government of the state, 29 challenging the validity, legality, or constitutionality of 30 such the amendment , and in such . In the suit , the district 31 court shall have jurisdiction to determine the validity, 32 legality, or constitutionality of said the amendment and enter 33 its decree accordingly , and . The court may grant a writ of 34 injunction enjoining the governor and state commissioner of 35 -12- LSB 5940SC (14) 88 lh/ns 12/ 180
S.F. _____ elections from submitting such the constitutional amendment to 1 the electorate, if the proposed constitutional amendment shall 2 have been is found to be invalid, illegal, or unconstitutional. 3 Sec. 35. Section 49A.11, Code 2020, is amended to read as 4 follows: 5 49A.11 Parties. 6 In such a suit under section 49A.10, the taxpayer shall be 7 plaintiff and the governor and state commissioner of elections 8 shall be defendants. Any taxpayer may intervene, either as 9 party plaintiff or defendant. 10 Sec. 36. Section 50.8, Code 2020, is amended to read as 11 follows: 12 50.8 Error on state or district office —— tie vote. 13 If the error be is in relation to a district or state office, 14 it the error shall be certified with the number of the excess 15 to the state commissioner. If the error affects the result 16 of the election, the canvass shall be suspended and a new 17 vote ordered in the precinct where the error occurred. When 18 there is a tie vote due to such an excess, there shall be a 19 new election. No A person who was not a registered voter in 20 that precinct at the time of the general election shall not be 21 allowed to vote at such the special election. When the new 22 vote is taken and returned, the canvass shall be completed. 23 Sec. 37. Section 69.2, subsection 1, paragraph h, Code 2020, 24 is amended to read as follows: 25 h. The incumbent simultaneously holding more than one 26 elective office at the same level of government. This 27 subsection paragraph does not apply to the county agricultural 28 extension council or the soil and water conservation district 29 commission. 30 Sec. 38. Section 69.16, subsection 1, Code 2020, is amended 31 to read as follows: 32 1. All appointive boards, commissions, and councils of 33 the state established by the Code if not otherwise provided 34 by law shall be bipartisan in their composition. No A person 35 -13- LSB 5940SC (14) 88 lh/ns 13/ 180
S.F. _____ shall not be appointed or reappointed to any board, commission, 1 or council established by the Code , if the effect of that 2 appointment or reappointment would cause the number of members 3 of the board, commission, or council belonging to one political 4 party to be greater than one-half the membership of the board, 5 commission, or council plus one. 6 Sec. 39. Section 76.1, subsection 1, Code 2020, is amended 7 to read as follows: 8 1. Hereafter issues Issues of bonds of every kind and 9 character by counties, cities, and school corporations shall be 10 consecutively numbered. 11 Sec. 40. Section 84A.1B, subsection 14, paragraph a, Code 12 2020, is amended to read as follows: 13 a. An entry-level hourly wage of not less than fourteen 14 dollars. 15 Sec. 41. Section 84A.2, subsection 1, paragraph b, Code 16 2020, is amended to read as follows: 17 b. If a local workforce development area includes more 18 than one unit of general local government, the individuals 19 designated under the agreement described in section 84A.4, 20 subsection 2 , paragraph “h” “g” , subparagraph (2). 21 Sec. 42. Section 85.22, subsection 5, Code 2020, is amended 22 to read as follows: 23 5. For subrogation purposes hereunder , any payment made 24 unto an injured employee, the employee’s guardian, parent, 25 next friend, or legal representative, by or on behalf of any 26 third party, or the third party’s principal or agent liable 27 for, connected with, or involved in causing an injury to 28 such employee shall be considered as having been so paid as 29 damages resulting from and because said injury was caused under 30 circumstances creating a legal liability against said third 31 party, whether such payment be made under a covenant not to 32 sue, compromise settlement, denial of liability or otherwise. 33 Sec. 43. Section 85.42, subsection 1, paragraph a, Code 34 2020, is amended to read as follows: 35 -14- LSB 5940SC (14) 88 lh/ns 14/ 180
S.F. _____ a. When it is shown that at the time of the injury the 1 surviving spouse had willfully deserted the deceased without 2 fault of the deceased, then such survivor the surviving spouse 3 shall not be considered as dependent in any degree. 4 Sec. 44. Section 85A.5, Code 2020, is amended to read as 5 follows: 6 85A.5 Compensation payable. 7 1. All employees subject to the provisions of this 8 chapter who shall become disabled from injurious exposure 9 to an occupational disease herein designated and defined in 10 this chapter and within the conditions, limitations , and 11 requirements provided herein in this chapter , shall receive 12 compensation, reasonable surgical, medical, osteopathic, 13 chiropractic, physical rehabilitation, nursing , and hospital 14 services and supplies therefor, and burial expenses as provided 15 in the workers’ compensation law of Iowa except as otherwise 16 provided in this chapter . 17 2. If, however, an employee incurs an occupational 18 disease for which the employee would be entitled to receive 19 compensation if the employee were disabled as provided herein 20 in this chapter , but is able to continue in employment and 21 requires medical treatment for said disease, then the employee 22 shall receive reasonable medical services therefor. 23 Sec. 45. Section 85A.6, Code 2020, is amended to read as 24 follows: 25 85A.6 Dependents —— defined. 26 Dependents of a deceased employee whose death has been 27 caused by an occupational disease as herein defined in this 28 chapter and under the provisions, conditions , and limitations 29 of this chapter shall be those persons defined as dependents 30 under the workers’ compensation law of Iowa and such dependents 31 shall receive compensation benefits as provided by said law. 32 Sec. 46. Section 85A.16, Code 2020, is amended to read as 33 follows: 34 85A.16 Reference to compensation law. 35 -15- LSB 5940SC (14) 88 lh/ns 15/ 180
S.F. _____ The provisions of the workers’ compensation law, so far as 1 applicable, and not inconsistent herewith with this chapter , 2 shall apply in cases of compensable occupational diseases as 3 specified and defined herein in this chapter . 4 Sec. 47. Section 85A.18, Code 2020, is amended to read as 5 follows: 6 85A.18 Notice of disability or death —— filing of claims. 7 Except as herein otherwise provided in this chapter , 8 procedure with respect to notice of disability or death, as 9 to the filing of claims and determination of claims shall be 10 the same as in cases of injury or death arising out of and 11 in the course of employment under the workers’ compensation 12 law. Written notice shall be given to the employer of an 13 occupational disease by the employee within ninety days after 14 the first distinct manifestation thereof, and in the case of 15 death from such an occupational disease, written notice of such 16 claim shall also be given to the employer within ninety days 17 thereafter. 18 Sec. 48. Section 96.7, subsection 2, paragraph d, 19 subparagraph (1), Code 2020, is amended to read as follows: 20 (1) The current reserve fund ratio is computed by dividing 21 the total funds available for payment of benefits, on the 22 computation date or on August 15 following the computation 23 date if the total funds available for payment of benefits 24 is a higher amount on August 15, by the total wages paid in 25 covered employment excluding reimbursable employment wages 26 during the first four calendar quarters of the five calendar 27 quarters immediately preceding the computation date. However, 28 in computing the current reserve fund ratio, beginning July 29 1, 2007, one hundred fifty million dollars shall be added to 30 the total funds available for payment of benefits on each 31 subsequent computation date. 32 Sec. 49. Section 97B.7A, subsection 5, Code 2020, is amended 33 to read as follows: 34 5. Travel. In the administration of the investment of 35 -16- LSB 5940SC (14) 88 lh/ns 16/ 180
S.F. _____ moneys in the retirement fund, employees of the system and 1 members of the board may travel outside the state for the 2 purpose of meeting with investment firms and consultants and 3 attending conferences and meetings to fulfill their fiduciary 4 responsibilities. This travel is not subject to section 5 8A.512, subsection 2 . 6 Sec. 50. Section 99D.7, subsection 23, Code 2020, is amended 7 to read as follows: 8 23. To establish a process to allow a person to be 9 voluntarily excluded from advance deposit wagering as defined 10 in section 99D.11 , from an internet fantasy sports contest as 11 defined in section 99E.1 , from advance deposit sports wagering 12 as defined in section 99F.9 , and from the wagering area of 13 a racetrack enclosure , and from the gaming floor , and from 14 the sports wagering area, as defined in section 99F.1 , of all 15 other licensed facilities under this chapter and chapter 99F 16 as provided in this subsection . The process shall provide 17 that an initial request by a person to be voluntarily excluded 18 shall be for a period of five years or life and any subsequent 19 request following any five-year period shall be for a period of 20 five years or life. The process established shall require that 21 licensees be provided electronic access to names and social 22 security numbers of persons voluntarily excluded through a 23 secured interactive internet site maintained by the commission 24 and information regarding persons voluntarily excluded shall 25 be disseminated to all licensees under this chapter , chapter 26 99E , and chapter 99F . The names, social security numbers, and 27 information regarding persons voluntarily excluded shall be 28 kept confidential unless otherwise ordered by a court or by 29 another person duly authorized to release such information. 30 The process established shall also require a person requesting 31 to be voluntarily excluded be provided information compiled 32 by the Iowa department of public health on gambling treatment 33 options. The state and any licensee under this chapter , 34 chapter 99E , or chapter 99F shall not be liable to any person 35 -17- LSB 5940SC (14) 88 lh/ns 17/ 180
S.F. _____ for any claim which may arise from this process. In addition 1 to any other penalty provided by law, any money or thing of 2 value that has been obtained by, or is owed to, a voluntarily 3 excluded person as a result of wagers made by the person after 4 the person has been voluntarily excluded shall be forfeited by 5 the person and shall be credited to the general fund of the 6 state. 7 Sec. 51. Section 99F.1, subsection 14, Code 2020, is amended 8 to read as follows: 9 14. “Gambling game” means any game of chance authorized by 10 the commission. However, for racetrack enclosures, “gambling 11 game” does not include table games of chance or video machines 12 which simulate table games of chance, unless otherwise 13 authorized by this chapter . “Gambling game” does not include 14 sports betting wagering . 15 Sec. 52. Section 99F.10, subsection 4, paragraph a, Code 16 2020, is amended to read as follows: 17 a. In determining the license fees and state regulatory 18 fees to be charged as provided under section 99F.4 and this 19 section , the commission shall use as the basis for determining 20 the amount of revenue to be raised from the license fees and 21 regulatory fees the amount appropriated to the commission plus 22 the following as applicable: 23 (1) Prior to July 1, 2016, the cost of salaries for no more 24 than two special agents for each excursion gambling boat or 25 gambling structure and no more than four gaming enforcement 26 officers for each excursion gambling boat or gambling structure 27 with a patron capacity of less than two thousand persons or no 28 more than five gaming enforcement officers for each excursion 29 gambling boat or gambling structure with a patron capacity of 30 at least two thousand persons, plus any direct and indirect 31 support costs for the agents and officers, for the division of 32 criminal investigation’s excursion gambling boat or gambling 33 structure activities. However, the division of criminal 34 investigation may add one additional special agent to the 35 -18- LSB 5940SC (14) 88 lh/ns 18/ 180
S.F. _____ number of special agents specified in this subparagraph for 1 each excursion gambling boat or gambling structure if at least 2 two gaming enforcement officer full-time equivalent positions 3 are vacant. Otherwise, the division of criminal investigation 4 shall not fill vacant gaming enforcement officer positions. 5 (2) On or after July 1, 2016, the cost of salaries for no 6 more than three special agents for each excursion gambling 7 boat or gambling structure, plus any direct and indirect 8 support costs for the agents, for the division of criminal 9 investigation’s excursion gambling boat or gambling structure 10 activities. 11 Sec. 53. Section 123.36, subsection 5, paragraph c, Code 12 2020, is amended to read as follows: 13 c. For air common carriers, each company shall pay a base an 14 annual fee of five hundred dollars. 15 Sec. 54. Section 123.45, subsection 1, paragraph a, Code 16 2020, is amended to read as follows: 17 a. Directly or indirectly supply, furnish, give, or pay for 18 any furnishings, fixtures, or equipment used in the storage, 19 handling, serving, or dispensing of alcoholic beverages , wine, 20 beer, or food within the place of business of a licensee or 21 permittee authorized under this chapter to sell at retail. 22 Sec. 55. Section 123.45, subsection 3, Code 2020, is amended 23 to read as follows: 24 3. However, a A person engaged in the wholesaling of 25 beer or wine may sell only disposable glassware, which is 26 constructed of paper, paper laminated, or plastic materials and 27 designed primarily for personal consumption on a one-time usage 28 basis, to retailers for use within the premises of licensed 29 establishments, for an amount which is greater than or equal 30 to an amount which represents the greater of either the amount 31 paid for the disposable glassware by the supplier or the amount 32 paid for the disposable glassware by the wholesaler. Also, a 33 person engaged in the business of manufacturing beer may sell 34 beer at retail for consumption on or off the premises of the 35 -19- LSB 5940SC (14) 88 lh/ns 19/ 180
S.F. _____ manufacturing facility and, notwithstanding any other provision 1 of this chapter or the fact that a person is the holder of a 2 class “A” beer permit, may be granted not more than one class 3 “B” beer permit as defined in section 123.124 for that purpose 4 regardless of whether that person is also a manufacturer 5 of native distilled spirits pursuant to a class “A” native 6 distilled spirits license or a manufacturer of native wine 7 pursuant to a class “A” wine permit. 8 Sec. 56. Section 123.90, Code 2020, is amended to read as 9 follows: 10 123.90 Penalties generally. 11 Unless other penalties are herein provided in this chapter , 12 any person, except a person under legal age, who violates 13 any of the provisions of this chapter , or who makes a false 14 statement concerning any material fact in submitting an 15 application for a permit or license, shall be guilty of a 16 serious misdemeanor. Any person under legal age who violates 17 any of the provisions of this chapter shall upon conviction be 18 guilty of a simple misdemeanor. 19 Sec. 57. Section 123.188, subsection 1, Code 2020, is 20 amended to read as follows: 21 1. A person desiring to deliver wine subject to direct 22 shipment within this state pursuant to section 123.187 shall 23 submit an application for a wine carrier permit electronically, 24 or in a manner prescribed by the administrator, and which shall 25 be accompanied by a fee in the amount of one hundred dollars. 26 Sec. 58. Section 124.201, subsection 2, Code 2020, is 27 amended to read as follows: 28 2. After considering the above factors described in 29 subsection 1 , the board shall make a recommendation to the 30 general assembly, specifying the change which should be made in 31 existing schedules, if it finds that the potential for abuse or 32 lack thereof of the substance is not properly reflected by the 33 existing schedules. 34 Sec. 59. Section 135.42, Code 2020, is amended to read as 35 -20- LSB 5940SC (14) 88 lh/ns 20/ 180
S.F. _____ follows: 1 135.42 Unlawful use. 2 All information, interviews, reports, statements, memoranda, 3 or other data furnished in accordance with this subchapter and 4 any findings or conclusions resulting from such studies shall 5 not be used or offered or received in evidence in any legal 6 proceedings of any kind or character, but nothing contained 7 herein in this subchapter shall be construed as affecting the 8 admissibility as evidence of the primary medical or hospital 9 records pertaining to the patient or of any other writing, 10 record or reproduction thereof not contemplated by this 11 subchapter . 12 Sec. 60. Section 135.74, subsection 1, Code 2020, is amended 13 to read as follows: 14 1. The department, after study and in consultation with 15 any advisory committees which may be established pursuant to 16 law, shall promulgate by rule pursuant to chapter 17A uniform 17 methods of financial reporting, including such allocation 18 methods as may be prescribed, by which hospitals and health 19 care facilities shall respectively record their revenues, 20 expenses, other income, other outlays, assets and liabilities, 21 and units of service, according to functional activity center. 22 These uniform methods of financial reporting shall not preclude 23 a hospital or health care facility from using any accounting 24 methods for its own purposes provided these accounting methods 25 can be reconciled to the uniform methods of financial reporting 26 prescribed by the department and can be audited for validity 27 and completeness. Each hospital and each health care facility 28 shall adopt the appropriate system for its fiscal year, 29 effective upon such date as the department shall direct. In 30 determining the effective date for reporting requirements, the 31 department shall consider both the immediate need for uniform 32 reporting of information to effectuate the purposes of this 33 subchapter and the administrative and economic difficulties 34 which hospitals and health care facilities may encounter in 35 -21- LSB 5940SC (14) 88 lh/ns 21/ 180
S.F. _____ complying with the uniform financial reporting requirement, but 1 the effective date shall not be later than January 1, 1980. 2 Sec. 61. Section 144A.7, subsection 1, paragraph b, Code 3 2020, is amended to read as follows: 4 b. The guardian of the person of the patient if one has been 5 appointed, provided court approval is obtained in accordance 6 with section 232D.401, subsection 4, paragraph “a” , or section 7 633.635, subsection 3 , paragraph “b” , subparagraph (1). This 8 paragraph does not require the appointment of a guardian in 9 order for a treatment decision to be made under this section . 10 Sec. 62. Section 144F.1, subsection 6, Code 2020, is amended 11 to read as follows: 12 6. “Legal representative” means, in order of priority, 13 an attorney in fact under a durable power of attorney for 14 health care pursuant to chapter 144B or, if no durable power 15 of attorney for health care has been executed pursuant to 16 chapter 144B or if the attorney in fact is unavailable, a legal 17 guardian appointed pursuant to chapter 232D or 633 . 18 Sec. 63. Section 144F.6, Code 2020, is amended to read as 19 follows: 20 144F.6 Construction of chapter relative to other health care 21 directives. 22 Nothing in this chapter shall be construed to interfere with 23 the authority or responsibilities of an agent operating under 24 a valid durable power of attorney for health care pursuant to 25 chapter 144B or of the powers and duties granted to a guardian 26 pursuant to section 232D.401 or 633.635 . 27 Sec. 64. Section 152.2, Code 2020, is amended to read as 28 follows: 29 152.2 Executive director. 30 The board shall retain a full-time executive director, who 31 shall be appointed pursuant to section 135B.11 135.11B . The 32 executive director shall be a registered nurse. The governor, 33 with the approval of the executive council pursuant to section 34 8A.413, subsection 3 , under the pay plan for exempt positions 35 -22- LSB 5940SC (14) 88 lh/ns 22/ 180
S.F. _____ in the executive branch of government, shall set the salary of 1 the executive director. 2 Sec. 65. Section 153.33B, unnumbered paragraph 1, Code 3 2020, is amended to read as follows: 4 The board shall appoint a A full-time executive director 5 shall be appointed as provided under section 135.11B . The 6 executive director shall not be a member of the board. The 7 duties of the executive director shall be the following: 8 Sec. 66. Section 159.23, Code 2020, is amended to read as 9 follows: 10 159.23 Special fund. 11 All fees collected as a result of the inspection and grading 12 provisions set out herein in this chapter shall be paid into 13 the state treasury, there to be set aside in a separate fund 14 which is hereby appropriated for the use of the department 15 except as indicated. Withdrawals therefrom from the fund 16 shall be by warrant of the director of the department of 17 administrative services upon requisition by the secretary 18 of agriculture. Such The fund shall be continued from year 19 to year, provided, however, that if there be any balance 20 remaining at the end of the biennium which, in the opinion of 21 the governor, director of the department of management, and 22 secretary of agriculture, is greater than necessary for the 23 proper administration of the inspection and grading program 24 referred to herein in this section , the treasurer of state is 25 hereby authorized on the recommendation and with the approval 26 of the governor, director of the department of management, 27 and secretary of agriculture to transfer to the general fund 28 of the state that portion of such account as they shall deem 29 advisable. 30 Sec. 67. Section 163.51, subsection 1, paragraph a, 31 subparagraph (3), Code 2020, is amended to read as follows: 32 (3) The compelling of a person who is the owner or custodian 33 of the animal to provide information regarding the movement 34 or relocation of the animal or the vaccination status of the 35 -23- LSB 5940SC (14) 88 lh/ns 23/ 180
S.F. _____ animal or the herd where the animal originates. The department 1 may issue a subpoena for relevant testimony or records as 2 defined in section 516E.1 523C.1 . In the case of a failure 3 or refusal of the person to provide testimony or records, 4 the district court upon application of the department or the 5 attorney general acting upon behalf of the department, may 6 order the person to show cause why the person should not be 7 held in contempt. The court may order the person to provide 8 testimony or produce the record or be punished for contempt as 9 if the person refused to testify before the court or disobeyed 10 a subpoena issued by the court. 11 Sec. 68. Section 176A.4, Code 2020, is amended to read as 12 follows: 13 176A.4 Establishment —— body corporate —— county agricultural 14 extension districts. 15 1. Each county, except Pottawattamie, is constituted and 16 established as a “county agricultural extension district” 17 and shall be a public body corporate organized in accordance 18 with the provisions of this chapter for the purposes, with the 19 powers and subject to the restrictions hereinafter set forth in 20 this chapter . 21 2. Pottawattamie county shall be divided into and 22 constitute two districts with one as follows: 23 a. A district to be known as “East Pottawattamie” which 24 shall include the following townships: Pleasant, Layton, Knox, 25 James, Valley, Lincoln, Washington, Belknap, Center, Wright, 26 Carson, Macedonia, Grove, Waveland ; and the other . 27 b. A district to be known as “West Pottawattamie” which 28 shall include the following townships: Rockford, Boomer, 29 Neola, Minden, Hazel Dell, York, Crescent, Norwalk, Lake, 30 Garner, Hardin, Kane, Lewis, Keg Creek, Silver Creek. 31 Sec. 69. Section 176A.8, subsections 3, 6, 7, 10, and 11, 32 Code 2020, are amended to read as follows: 33 3. a. To and shall , at least ninety days prior to the 34 date fixed for the election of council members, appoint a 35 -24- LSB 5940SC (14) 88 lh/ns 24/ 180
S.F. _____ nominating committee consisting of four persons who are not 1 council members and designate the chairperson. The membership 2 of the nominating committee shall be gender balanced. The 3 nominating committee shall consider the geographic distribution 4 of potential nominees in nominating one or more resident 5 registered voters of the extension district as candidates for 6 election to each office to be filled at the election. To 7 qualify for the election ballot, each nominee shall file a 8 nominating petition signed by at least twenty-five eligible 9 electors of the district with the county commissioner of 10 elections at least sixty-nine days before the date of election. 11 b. To and shall also provide for the nomination by petition 12 of candidates for election to membership on the extension 13 council. A nominating petition shall be signed by at least 14 twenty-five eligible electors of the extension district and 15 shall be filed with the county commissioner of elections at 16 least sixty-nine days before the date of the election. 17 6. To prepare annually before March 15 a budget for the 18 fiscal year beginning July 1 and ending the following June 30, 19 in accordance with the provisions of chapter 24 and certify the 20 same budget to the board of supervisors of the county of their 21 extension district as required by law. 22 7. To and shall be responsible for the preparation 23 and adoption of the educational program on extension work 24 in agriculture, home economics , and 4-H club work, and 25 periodically review said the program , and for the carrying out 26 of the same program in cooperation with the extension service 27 in accordance with the memorandum of understanding with said 28 the extension service. 29 10. To and shall , as soon as possible following the meeting 30 at which the officers are elected, file in the office of the 31 board of supervisors and of the county treasurer a certificate 32 signed by its the chairperson and secretary of the extension 33 council certifying the names, addresses , and terms of office of 34 each member, and the names and addresses of the officers of the 35 -25- LSB 5940SC (14) 88 lh/ns 25/ 180
S.F. _____ extension council with the signatures of the officers affixed 1 thereto, and said to the certificate. The certificate shall be 2 conclusive as to the organization of the extension district, 3 its extension council, and as to its members and its officers. 4 11. To and shall deposit all funds received from the 5 “county agricultural extension education fund” in a bank or 6 banks approved by it the extension council in the name of the 7 extension district. These receipts shall constitute a fund 8 known as the “county agricultural extension education fund” 9 which shall be disbursed by the treasurer of the extension 10 council on vouchers signed by its chairperson and secretary and 11 approved by the extension council and recorded in its minutes. 12 Sec. 70. Section 176A.9, subsection 5, Code 2020, is amended 13 to read as follows: 14 5. The extension council and its employed personnel may 15 cooperate with , and give information and advice to organized 16 and unorganized groups, but shall not promote, sponsor , 17 or engage in the organization of any group for any purpose 18 except the promoting, organization , and the development of the 19 programs of 4-H clubs. Nothing in this chapter shall prevent 20 the county extension council or extension agents employed by 21 it from using or seeking opportunities to reach an audience of 22 persons interested in agricultural extension work through the 23 help of interested farm organizations, civic organizations , or 24 any other group : Provided, that . However, in using or seeking 25 such opportunities, the county extension council or agents 26 employed by it the extension council shall make available to 27 all groups and organizations in the county equal opportunity to 28 cooperate in the educational extension program. 29 Sec. 71. Section 200.15, Code 2020, is amended to read as 30 follows: 31 200.15 Refusal to register , or cancellation of registration 32 and licenses. 33 The secretary is authorized and empowered to cancel the 34 registration of any product of commercial fertilizer or soil 35 -26- LSB 5940SC (14) 88 lh/ns 26/ 180
S.F. _____ conditioner or license or to refuse to register any product 1 of commercial fertilizer or soil conditioner or refuse to 2 license any applicant as herein provided, upon satisfactory 3 evidence that the registrant or licensee has used fraudulent 4 or deceptive practices or who has willfully violates violated 5 any provisions of this chapter or any rules and regulations 6 promulgated thereunder: Except no under this chapter. 7 However, a registration or license shall not be revoked or 8 refused until the registrant or licensee shall have has been 9 given the opportunity to appear for a hearing by the secretary. 10 Sec. 72. Section 204.9, subsection 2, paragraph b, Code 11 2020, is amended to read as follows: 12 b. The department of public safety or a local law 13 enforcement agency may obtain a sample of plants that are part 14 of the crop and provide for a test of that sample as provided in 15 section 204.8 . The department of public safety or a local law 16 enforcement agency shall not impose, assess, or collect a fee 17 for conducting an inspection or test under this section . 18 Sec. 73. Section 204.15, subsection 3, Code 2020, is amended 19 to read as follows: 20 3. A licensee shall not be ineligible to participate in 21 the negligent violation program, if a test of a sample of 22 plants that are part of a crop produced on the licensee’s crop 23 site exceeds a maximum concentration of two percent delta-9 24 tetrahydrocannabinol on a dry weight basis. 25 Sec. 74. Section 214A.12, Code 2020, is amended to read as 26 follows: 27 214A.12 Industrial petroleum —— permits. 28 Any wholesale dealer as herein defined in this chapter may 29 apply to the department for a permit to make importations of 30 petroleum products for industrial use only and not intended 31 to be used for internal combustion engines, on a form to be 32 supplied by the department, and upon receiving such permission 33 may make importations of petroleum products for industrial use 34 only, exempt from the specifications of this chapter . 35 -27- LSB 5940SC (14) 88 lh/ns 27/ 180
S.F. _____ Sec. 75. Section 216A.135, subsection 2, paragraph c, Code 1 2020, is amended to read as follows: 2 c. Analysis of and recommendations of regarding current 3 criminal code provisions. 4 Sec. 76. Section 216A.136, subsection 1, Code 2020, is 5 amended to read as follows: 6 1. Juvenile court records and all other information 7 maintained under sections 232.147 through 232.153 232.151 . 8 Sec. 77. Section 218.68, Code 2020, is amended to read as 9 follows: 10 218.68 Money deposited with treasurer of state. 11 Said money Moneys under section 218.67 shall be transmitted 12 to the treasurer of state as soon after one year after the 13 death of the intestate as practicable, and be credited to the 14 support fund of the institution of which the intestate was a 15 resident. 16 Sec. 78. Section 218.70, Code 2020, is amended to read as 17 follows: 18 218.70 Payment to party entitled. 19 Said money Moneys transmitted to the treasurer or state 20 under section 218.68 shall be paid, at any time within ten 21 years from the death of the intestate, to any person who is 22 shown to be entitled thereto. Payment shall be made from the 23 state treasury out of the support fund of such institution in 24 the manner provided for the payment of other claims from that 25 fund. 26 Sec. 79. Section 222.7, subsection 2, Code 2020, is amended 27 to read as follows: 28 2. In the case of a patient hospitalized pursuant to 29 sections 229.6 to through 229.15 , the consent of the court 30 which hospitalized the patient is obtained in advance, rather 31 than afterward as otherwise permitted by section 229.15, 32 subsection 4 . 33 Sec. 80. Section 222.34, Code 2020, is amended to read as 34 follows: 35 -28- LSB 5940SC (14) 88 lh/ns 28/ 180
S.F. _____ 222.34 Guardianship proceedings. 1 If a guardianship is proposed for a person with an 2 intellectual disability, guardianship proceedings shall be 3 initiated and conducted as provided in chapter 232D or 633 . 4 Sec. 81. Section 222.84, Code 2020, is amended to read as 5 follows: 6 222.84 Patients’ personal deposit fund. 7 There is hereby established at each resource center and 8 special unit a fund which shall be known as the “patients’ 9 personal deposit fund”; provided that in the case of a special 10 unit, the director may direct that the patients’ personal 11 deposit fund be maintained and administered as a part of the 12 fund established, pursuant to sections 226.43 to through 13 226.46 , by the mental health institute where the special unit 14 is located. 15 Sec. 82. Section 225C.2, subsection 13, Code 2020, is 16 amended to read as follows: 17 13. “Serious emotional disturbance” means a diagnosable 18 mental, behavioral, or emotional disorder of sufficient 19 duration to meet diagnostic criteria specified within the most 20 current diagnostic and statistical manual of mental disorders 21 published by the American psychiatric association that results 22 in a functional impairment. “Serious emotional disturbance” 23 does not include substance use and or developmental disorders 24 unless such those disorders co-occur with such a diagnosable 25 mental, behavioral, or emotional disorder. 26 Sec. 83. Section 225C.52, subsection 4, Code 2020, is 27 amended to read as follows: 28 4. Submit a written report on or before December 1 of each 29 year to the governor and the general assembly. At a minimum, 30 the report shall include a summary of all activities undertaken 31 by the state board , a summary of state board activities, 32 and results from identified behavioral health outcomes and 33 indicators for the children’s behavioral health system. 34 Sec. 84. Section 226.31, Code 2020, is amended to read as 35 -29- LSB 5940SC (14) 88 lh/ns 29/ 180
S.F. _____ follows: 1 226.31 Examination by court —— notice. 2 Before granting the order authorized in section 226.30 , 3 the court or judge shall investigate the allegations of the 4 petition and before proceeding to a hearing on the allegations 5 shall require notice to be served on the attorney who 6 represented the patient in any prior proceedings under sections 7 229.6 to through 229.15 or the advocate appointed under section 8 229.19 , or in the case of a patient who entered the hospital 9 voluntarily, on any relative, friend, or guardian of the person 10 in question of the filing of the application. At the hearing 11 the court or judge shall appoint a guardian ad litem for the 12 person, if the court or judge deems such action necessary to 13 protect the rights of the person. The guardian ad litem shall 14 be a practicing attorney. 15 Sec. 85. Section 229.1, subsection 20, paragraph d, 16 subparagraph (2), Code 2020, is amended to read as follows: 17 (2) Lack of compliance has resulted in one or more acts of 18 causing serious physical injury to the person’s self or others 19 or an attempt to physically injure the person’s self or others. 20 Sec. 86. Section 229.13, subsection 7, paragraph b, Code 21 2020, is amended to read as follows: 22 b. A region shall contract with mental health professionals 23 to provide the appropriate treatment including treatment by 24 the use of oral medicine or injectable antipsychotic medicine 25 pursuant to this section . 26 Sec. 87. Section 229.36, Code 2020, is amended to read as 27 follows: 28 229.36 Limitation on proceedings. 29 The proceeding authorized in sections 229.31 to through 30 229.35 , inclusive, shall not be had more often than once 31 in six months regarding the same person; nor regarding any 32 patient within six months after the patient’s admission to the 33 hospital. 34 Sec. 88. Section 229.38, Code 2020, is amended to read as 35 -30- LSB 5940SC (14) 88 lh/ns 30/ 180
S.F. _____ follows: 1 229.38 Cruelty or official misconduct. 2 If any person having the care of a person with mental illness 3 who has voluntarily entered a hospital or other facility for 4 treatment or care, or who is responsible for psychiatric 5 examination care, treatment, and maintenance of any person 6 involuntarily hospitalized under sections 229.6 to through 7 229.15 , whether in a hospital or elsewhere, with or without 8 proper authority, shall treat such patient with unnecessary 9 severity, harshness, or cruelty, or in any way abuse the 10 patient or if any person unlawfully detains or deprives of 11 liberty any person with mental illness or any person who is 12 alleged to have mental illness, or if any officer required 13 by the provisions of this chapter and chapters 226 and 227 , 14 to perform any act shall willfully refuse or neglect to 15 perform the same, the offending person shall, unless otherwise 16 provided, be guilty of a serious misdemeanor. 17 Sec. 89. Section 232.99, subsection 4, Code 2020, is amended 18 to read as follows: 19 4. When the dispositional hearing is concluded the court 20 shall make the least restrictive disposition appropriate 21 considering all the circumstances of the case. The 22 dispositions which may be entered under this division are 23 listed in sections 232.100 to through 232.102 in order from 24 least to most restrictive. 25 Sec. 90. Section 232.103, subsection 6, Code 2020, is 26 amended to read as follows: 27 6. If the court vacates the order it may make any other 28 order in accordance with and subject to the provisions of 29 sections 232.100 to through 232.102 . 30 Sec. 91. Section 232.166, Code 2020, is amended to read as 31 follows: 32 232.166 Statutes not affected. 33 Nothing contained in sections 232.158 to through 232.165 34 shall be deemed to affect or modify the other provisions of 35 -31- LSB 5940SC (14) 88 lh/ns 31/ 180
S.F. _____ this chapter or of chapter 600 . 1 Sec. 92. Section 232.178, subsection 1, Code 2020, is 2 amended to read as follows: 3 1. For a placement initiated on or after July 1, 1992, 4 the department shall file a petition to initiate a voluntary 5 placement proceeding prior to the child’s placement in 6 accordance with criteria established pursuant to the federal 7 Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 8 96-272, as codified in 42 U.S.C. §627(a). For a placement 9 initiated before July 1, 1992, the department shall file a 10 petition to approve placement on or before September 1, 1992. 11 Sec. 93. Section 232D.105, subsection 1, Code 2020, is 12 amended to read as follows: 13 1. A petition alleging that a minor is in need of a 14 conservatorship is not subject to this chapter . Such 15 proceedings shall be governed by chapter 633 and may be 16 initiated pursuant to section 633.627 633.557 . 17 Sec. 94. Section 249A.4, subsections 11 and 15, Code 2020, 18 are amended to read as follows: 19 11. Shall provide an opportunity for a fair hearing before 20 the department of inspections and appeals to an individual 21 whose claim for medical assistance under this chapter is 22 denied or is not acted upon with reasonable promptness. Upon 23 completion of a hearing, the department of inspections and 24 appeals shall issue a decision which is subject to review by 25 the department of human services. Judicial review of the 26 decisions of the department of human services may be sought in 27 accordance with chapter 17A. If a petition for judicial review 28 is filed, the department of human services shall furnish the 29 petitioner with a copy of the application and all supporting 30 papers, a transcript of the testimony taken at the hearing, if 31 any, and a copy of its decision. 32 15. Establish appropriate reimbursement rates for community 33 mental health centers that are accredited by the mental health 34 and disability services commission. 35 -32- LSB 5940SC (14) 88 lh/ns 32/ 180
S.F. _____ Judicial review of the decisions of the department of human 1 services may be sought in accordance with chapter 17A . If 2 a petition for judicial review is filed, the department of 3 human services shall furnish the petitioner with a copy of 4 the application and all supporting papers, a transcript of 5 the testimony taken at the hearing, if any, and a copy of its 6 decision. 7 Sec. 95. Section 249L.2, subsection 6, Code 2020, is amended 8 to read as follows: 9 6. “Nursing facility” means a licensed nursing facility as 10 defined in section 135C.1 that is a freestanding facility or 11 a nursing facility operated by a hospital licensed pursuant 12 to chapter 135B , but does not include a distinct-part skilled 13 nursing unit or a swing-bed unit operated by a hospital, or 14 a nursing facility owned by the state or federal government 15 or other governmental unit. “Nursing facility” includes a 16 non-state government-owned nursing facility if the nursing 17 facility participates in the non-state government-owned nursing 18 facility quality of care rate add-on program. 19 Sec. 96. Section 249L.2, Code 2020, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 5A. “Non-state governmental entity” means a 22 hospital authority, hospital district, health care district, 23 city, or county. 24 NEW SUBSECTION . 5B. “Non-state government-owned nursing 25 facility” means a nursing facility that is owned or operated 26 by a non-state governmental entity and for which a non-state 27 governmental entity holds the nursing facility’s license and is 28 party to the nursing facility’s Medicaid contract. 29 Sec. 97. Section 252B.2, Code 2020, is amended to read as 30 follows: 31 252B.2 Unit established —— intervention. 32 There is created within the department of human services a 33 child support recovery unit for the purpose of providing the 34 services required in sections 252B.3 to through 252B.6 . The 35 -33- LSB 5940SC (14) 88 lh/ns 33/ 180
S.F. _____ unit is not required to intervene in actions to provide such 1 services. 2 Sec. 98. Section 252H.5, unnumbered paragraph 1, Code 2020, 3 is amended by striking the unnumbered paragraph. 4 Sec. 99. Section 252H.12, subsection 3, Code 2020, is 5 amended by striking the subsection. 6 Sec. 100. Section 256.7, subsection 32, paragraph b, 7 subparagraph (1), unnumbered paragraph 1, Code 2020, is amended 8 to read as follows: 9 Adopt rules which require that educational instruction 10 and course content delivered primarily over the internet be 11 aligned with the Iowa core content standards as applicable. 12 Under such rules, a school district may develop and offer to 13 students enrolled in the district educational instruction and 14 course content for delivery primarily over the internet. A 15 school district providing educational instruction and course 16 content that are delivered primarily over the internet shall 17 annually submit to the department, in the manner prescribed by 18 the department, data that includes but is not limited to the 19 following: 20 Sec. 101. Section 260I.3, subsection 1, Code 2020, is 21 amended to read as follows: 22 1. The state board of education , in consultation with the 23 economic development authority, shall adopt rules pursuant 24 to chapter 17A defining eligibility criteria for persons 25 applying to receive tuition assistance under this chapter . 26 Sec. 102. Section 261.130, subsection 8, paragraph b, Code 27 2020, is amended to read as follows: 28 b. Adopt rules for approving career-technical or career 29 option programs in industries identified by the department of 30 workforce development pursuant to section 84A.6, subsection 4 ; 31 determining financial need; defining residence for the purposes 32 of this section ; processing and approving applications for 33 grants; and determining priority for grants. 34 Sec. 103. Section 261A.24, Code 2020, is amended to read as 35 -34- LSB 5940SC (14) 88 lh/ns 34/ 180
S.F. _____ follows: 1 261A.24 Chapter as alternative method —— powers not subject 2 to supervision or regulation. 3 Sections 261A.1 to through 261A.23 provide a complete, 4 additional, and alternative method for the doing of the things 5 authorized by the chapter and the limitations imposed by this 6 chapter do not affect powers or rights conferred by other laws, 7 and the issuance of obligations and refunding obligations under 8 this chapter need not comply with the requirements of any 9 other law applicable to the issuance of obligations. Except 10 as otherwise expressly provided in this chapter , the powers 11 granted to the authority under this chapter are not subject to 12 the supervision or regulation and do not require the approval 13 or consent of a city or political subdivision or department, 14 division, commission, board, body, bureau, official, or agency 15 of a political subdivision or of the state. 16 Sec. 104. Section 261E.8, subsection 2, paragraph b, 17 subparagraph (3), Code 2020, is amended to read as follows: 18 (3) A community college that enters into a contract as 19 provided in this paragraph shall submit to the department, 20 during the fall and spring semesters, or the equivalent, a 21 list of the accredited nonpublic school students enrolled for 22 the semester, or the equivalent, who are participating in the 23 program. The community college and the accredited nonpublic 24 school shall verify to the department that the accredited 25 nonpublic school and the coursework provided under this 26 paragraph meet the requirements of this section and section 27 257.11, subsection 3 , and shall provide to the department data 28 and information elements as required under subsection 8 9 by 29 rule. 30 Sec. 105. Section 262.9, subsections 10 and 15, Code 2020, 31 are amended to read as follows: 32 10. Direct the expenditure of all appropriations made to 33 said institutions under the control of the board , and of any 34 other moneys belonging thereto to those institutions , but in no 35 -35- LSB 5940SC (14) 88 lh/ns 35/ 180
S.F. _____ event shall the perpetual funds of the Iowa state university 1 of science and technology, nor the permanent funds of the 2 state university of Iowa derived under Acts of Congress, be 3 diminished. 4 15. Lease properties and facilities, either as lessor or 5 lessee, for the proper use and benefit of said institutions 6 under the control of the board upon such terms, conditions, 7 and considerations as the board deems advantageous, including 8 leases with provisions for ultimate ownership by the state of 9 Iowa, and to pay the rentals from funds appropriated to the 10 institution for operating expenses thereof or from such other 11 funds as may be available therefor. 12 Sec. 106. Section 262.23, Code 2020, is amended to read as 13 follows: 14 262.23 Duties of treasurer. 15 The treasurer of each of said the institutions under the 16 control of the board shall: 17 1. Receive all appropriations made by the general assembly 18 for said the institution, and all other funds from all other 19 sources, belonging to said the institution. 20 2. Pay out said funds on order of the board of regents, 21 or of such committee or official as it the board of regents 22 designates, on bills duly audited in accordance with the rules 23 prescribed by said the board. 24 3. Retain all bills , so paid by the treasurer, with receipts 25 for their payment as vouchers. 26 4. Keep an accurate account of all revenue and expenditures 27 of said the institution, so that the receipts and disbursements 28 of each of its the institution’s several departments shall be 29 apparent at all times. 30 5. Annually, and at such other times as the board may 31 require, report to it said the board all receipts and 32 disbursements in detail. 33 Sec. 107. Section 262.24, Code 2020, is amended to read as 34 follows: 35 -36- LSB 5940SC (14) 88 lh/ns 36/ 180
S.F. _____ 262.24 Reports of executive officers. 1 The executive officer of each of said the institutions under 2 the control of the board shall, on or before the first day of 3 August of each even-numbered year, make a report to the board, 4 setting forth such all of the following: 5 1. Such observations and recommendations as in the 6 executive officer’s judgment are for the benefit of the 7 institution , and also the . 8 2. The executive officer’s recommendations of a budget for 9 the several colleges and departments of the institution, in 10 detail , and estimates . 11 3. Estimates of the amount of funds required therefor for 12 the ensuing biennium. 13 Sec. 108. Section 262.31, Code 2020, is amended to read as 14 follows: 15 262.31 Payment. 16 The contract for such instruction under section 262.30 shall 17 authorize the payment for such service services furnished to 18 the school district , or for such service services furnished 19 to the state, and the amount to be agreed upon by the state 20 board of regents and the board of the school district thus 21 cooperating. 22 Sec. 109. Section 262.32, Code 2020, is amended to read as 23 follows: 24 262.32 Contract —— time limit. 25 Such contracts A contract for instruction under section 26 262.30 shall be in writing and shall extend over a period of 27 not to exceed two years , and a . A copy thereof of the contract 28 shall be filed in the office of the administrator of the area 29 education agency. 30 Sec. 110. Section 262.37, Code 2020, is amended to read as 31 follows: 32 262.37 Title to property. 33 The title to all real estate so acquired under section 262.36 34 and the improvements erected thereon on that real estate shall 35 -37- LSB 5940SC (14) 88 lh/ns 37/ 180
S.F. _____ be taken and held in the name of the state. 1 Sec. 111. Section 262.38, unnumbered paragraph 1, Code 2 2020, is amended to read as follows: 3 In carrying out the above powers enumerated in this 4 subchapter , said the board may: 5 Sec. 112. Section 262.39, unnumbered paragraph 1, Code 6 2020, is amended to read as follows: 7 No An obligation created hereunder under this subchapter 8 shall ever never be or nor become a charge against the state 9 of Iowa but all such obligations, including principal and 10 interest, shall be payable solely: 11 Sec. 113. Section 262.41, Code 2020, is amended to read as 12 follows: 13 262.41 Exemption from taxation. 14 All obligations created hereunder under this subchapter 15 shall be exempt from taxation. 16 Sec. 114. Section 262.42, Code 2020, is amended to read as 17 follows: 18 262.42 Limitation on funds. 19 No state State funds shall not be loaned or used for this 20 purpose the purposes of this subchapter . This prohibition 21 shall not apply to funds derived from the net earnings of 22 dormitories now or hereafter owned by the state. 23 Sec. 115. Section 262.45, Code 2020, is amended to read as 24 follows: 25 262.45 Purchase or condemnation of real estate. 26 The erection of the buildings, improvements , and facilities 27 for the educational institutions of higher learning in this 28 state is a public necessity and the board is vested with full 29 power to purchase or condemn at said those institutions, or 30 convenient thereto to those institutions , all real estate 31 necessary to carry out the powers herein granted. 32 Sec. 116. Section 262.46, Code 2020, is amended to read as 33 follows: 34 262.46 Title in name of state. 35 -38- LSB 5940SC (14) 88 lh/ns 38/ 180
S.F. _____ The title to all real estate so acquired under this 1 subchapter and the improvements erected thereon on that real 2 estate shall be taken and held in the name of the state. 3 Sec. 117. Section 262.48, unnumbered paragraph 1, Code 4 2020, is amended to read as follows: 5 In carrying out the above powers said enumerated in this 6 subchapter, the board may: 7 Sec. 118. Section 262.48, subsection 2, Code 2020, is 8 amended to read as follows: 9 2. Mortgage any real estate so acquired under this 10 subchapter and the improvements erected thereon on that real 11 estate in order to secure necessary loans. 12 Sec. 119. Section 262.49, unnumbered paragraph 1, Code 13 2020, is amended to read as follows: 14 No An obligation created hereunder under this subchapter 15 shall ever never be or nor become a charge against the state 16 of Iowa but all such obligations, including principal and 17 interest, shall be payable solely from any of the following: 18 Sec. 120. Section 262.51, Code 2020, is amended to read as 19 follows: 20 262.51 Tax exemption. 21 All obligations created hereunder under this subchapter 22 shall be exempt from taxation, together with the interest 23 thereon on the obligations . 24 Sec. 121. Section 262.52, Code 2020, is amended to read as 25 follows: 26 262.52 No state funds loaned. 27 No state State funds shall not be loaned for this purpose 28 the purposes of this subchapter . This prohibition shall not 29 apply to funds derived from the net earnings of such buildings, 30 structures, areas , and facilities now or hereafter owned by the 31 state or to funds received from student fees or charges. 32 Sec. 122. Section 262.68, Code 2020, is amended to read as 33 follows: 34 262.68 Speed limit on institutional grounds. 35 -39- LSB 5940SC (14) 88 lh/ns 39/ 180
S.F. _____ 1. The maximum speed limit of all vehicles on institutional 1 roads at institutions under the control of the state board of 2 regents shall be forty-five miles per hour. All driving shall 3 be confined to driveways designated by the state board. 4 2. Whenever the state board shall determine that the speed 5 limit hereinbefore set forth in subsection 1 is greater than 6 is reasonable or safe under the conditions found to exist at 7 any place of congestion or upon any part of its institutional 8 roads, said the board shall determine and declare a reasonable 9 and safe speed limit , thereat which shall be effective when 10 appropriate signs giving notice thereof of the speed limit are 11 erected at such places of congestion or other parts of its 12 institutional roads. 13 3. Any person violating the aforementioned speed limits 14 established in subsections 1 and 2 shall be guilty of a simple 15 misdemeanor. 16 Sec. 123. Section 272.15, subsection 3, Code 2020, is 17 amended to read as follows: 18 3. Information required to be reported to the board under 19 this section shall be reported within thirty days of the either 20 of the following: 21 a. The date action was taken which necessitated the report, 22 including the date of disciplinary action taken, nonrenewal 23 or termination of a contract for reasons of alleged or actual 24 misconduct, or resignation of a person following an incident 25 or allegation of misconduct as required under subsection 1 ; or 26 awareness . 27 b. The date the employee becomes aware of alleged misconduct 28 as required under subsection 2 . 29 Sec. 124. Section 273.2, subsection 3, Code 2020, is amended 30 to read as follows: 31 3. The area education agency board shall furnish 32 educational services and programs as provided in section 33 273.1 , this section , sections 273.3 to 273.9 through 273.8 , 34 and chapter 256B to the pupils enrolled in public or nonpublic 35 -40- LSB 5940SC (14) 88 lh/ns 40/ 180
S.F. _____ schools located within its boundaries which are on the list of 1 accredited schools pursuant to section 256.11 . The programs 2 and services provided shall be at least commensurate with 3 programs and services existing on July 1, 1974. The programs 4 and services provided to pupils enrolled in nonpublic schools 5 shall be comparable to programs and services provided to pupils 6 enrolled in public schools within constitutional guidelines. 7 Sec. 125. Section 273.3, subsections 2 and 12, Code 2020, 8 are amended to read as follows: 9 2. Be authorized to receive and expend money for providing 10 programs and services as provided in sections 273.1 , 273.2 , 11 this section , sections 273.4 to 273.9 through 273.8 , and 12 chapters 256B and 257 . All costs incurred in providing the 13 programs and services, including administrative costs, shall 14 be paid from funds received pursuant to sections 273.1 , 273.2 , 15 this section , sections 273.4 to 273.9 through 273.8 , and 16 chapters 256B and 257 . 17 12. Prepare an annual budget estimating income and 18 expenditures for programs and services as provided in sections 19 273.1 , 273.2 , this section , sections 273.4 to 273.9 through 20 273.8 , and chapter 256B within the limits of funds provided 21 under section 256B.9 and chapter 257 . The board shall 22 give notice of a public hearing on the proposed budget by 23 publication in an official county newspaper in each county 24 in the territory of the area education agency in which the 25 principal place of business of a school district that is a 26 part of the area education agency is located. The notice 27 shall specify the date, which shall be not later than March 28 1 of each year, the time, and the location of the public 29 hearing. The proposed budget as approved by the board shall 30 then be submitted to the state board of education, on forms 31 provided by the department, no later than March 15 preceding 32 the next fiscal year for approval. The state board shall 33 review the proposed budget of each area education agency and 34 shall before May 1, either grant approval or return the budget 35 -41- LSB 5940SC (14) 88 lh/ns 41/ 180
S.F. _____ without approval with comments of the state board included. An 1 unapproved budget shall be resubmitted to the state board for 2 final approval not later than May 15. The state board shall 3 give final approval only to budgets submitted by area education 4 agencies accredited by the state board or that have been given 5 conditional accreditation by the state board. 6 Sec. 126. Section 277.3, Code 2020, is amended to read as 7 follows: 8 277.3 Election laws applicable. 9 The provisions of chapters 39 to through 53 shall apply to 10 the conduct of all school elections and the school elections 11 shall be conducted by the county commissioner of elections, 12 except as otherwise specifically provided in this chapter . 13 Sec. 127. Section 279.50A, subsection 1, unnumbered 14 paragraph 1, Code 2020, is amended to read as follows: 15 If a school district’s total enrollment exceeds six hundred 16 pupils, the school district may enter into an agreement with a 17 community college under which the community college may offer, 18 or provide a community college-employed instructor to teach, 19 one of the units in accordance with section 256.11, subsection 20 5 , paragraph “a” , or one of the units in accordance with section 21 256.11, subsection 5 , paragraph “d” or “e” , and if the unit of 22 coursework under the agreement meets the requirements specified 23 in section 257.11, subsection 3 , paragraph “b” , subparagraphs 24 (2) through (7), the unit offered shall be deemed to meet the 25 education program requirement for a unit of mathematics or 26 science, as applicable, under section 256.11, subsection 5 , 27 paragraph “a” , “d” , or “e” . The provisions of this subsection 28 are applicable only if all of the following conditions are met: 29 Sec. 128. Section 282.3, subsection 3, Code 2020, is amended 30 to read as follows: 31 3. Nothing herein provided shall This section does not 32 prohibit a school board from requiring the attainment of a 33 greater age than the age requirements herein set forth in this 34 section . 35 -42- LSB 5940SC (14) 88 lh/ns 42/ 180
S.F. _____ Sec. 129. Section 303.21, Code 2020, is amended to read as 1 follows: 2 303.21 Petition. 3 1. Not less than ten percent of the The eligible voters 4 in an area of asserted historical significance may petition 5 the department for a referendum for the establishment of a 6 district. 7 2. The petition shall must be signed by not less than ten 8 percent of the eligible voters of the area and shall contain 9 both a description of the property suggested for inclusion in 10 the district and the reasons justifying the creation of the 11 district. 12 Sec. 130. Section 303.34, subsections 2 and 4, Code 2020, 13 are amended to read as follows: 14 2. A city shall not designate an area as an area of 15 historical significance unless it contains contiguous pieces 16 of property under diverse ownership which meets the criteria 17 specified in section 303.20, subsection 1 , paragraphs “a” to 18 through “f” . 19 4. An area shall be designated an area of historical 20 significance upon enactment of an ordinance of the city. 21 Before the ordinance or an amendment to it the ordinance is 22 enacted, the governing body of the city shall submit the 23 ordinance or amendment to the historical division for its 24 review and recommendations. 25 Sec. 131. Section 306.13, Code 2020, is amended to read as 26 follows: 27 306.13 Notice —— requirements. 28 Said The notice of the hearing under section 306.11 shall 29 state the time and place of such hearing, the location of the 30 particular road, or part thereof, or crossing, the vacation and 31 closing of which is to be considered, and such other data as 32 may be deemed pertinent. 33 Sec. 132. Section 306.24, Code 2020, is amended to read as 34 follows: 35 -43- LSB 5940SC (14) 88 lh/ns 43/ 180
S.F. _____ 306.24 Conditions. 1 Any sale of land as herein authorized in this chapter shall 2 be upon the conditions that the tract, parcel, or piece of land 3 so sold shall not be used in any manner so as to interfere with 4 the use of the highway by the public, or to endanger public 5 safety in the use of the highway, or to the material damage of 6 the adjacent owner. 7 Sec. 133. Section 306A.6, Code 2020, is amended to read as 8 follows: 9 306A.6 New and existing facilities —— grade-crossing 10 eliminations. 11 1. Cities and highway authorities having jurisdiction and 12 control over the highways of the state, as provided by chapter 13 306 , may designate and establish an existing street or highway 14 as included within a controlled-access facility. The state or 15 any of its subdivisions shall have authority to provide for 16 the elimination of intersections at grade of controlled-access 17 facilities with existing state and county roads, and city or 18 village streets, by grade separation or service road, or by 19 closing off such roads and streets at the right-of-way boundary 20 line of such controlled-access facility , the . 21 2. The provisions of sections 306.11 to through 306.17 22 shall apply and govern the procedure for the closing of such a 23 road or street and the method of ascertaining damages sustained 24 by any person as a consequence of such the closing, provided, 25 however, that the highway authority desiring the closing of 26 such road or street shall conduct the hearing and carry out the 27 procedure therefor and pay any damages, including any allowed 28 on appeal, as a consequence thereof, any law to the contrary 29 notwithstanding , and after . 30 3. After the establishment of any controlled-access 31 facility, no highway or street which is not part of said 32 facility shall intersect the same at grade. No A city or 33 village street, county or state highway, or other public 34 way shall not be opened into or connected with any such 35 -44- LSB 5940SC (14) 88 lh/ns 44/ 180
S.F. _____ controlled-access facility without the consent and previous 1 approval of the highway authority in the state, county, city 2 or village having jurisdiction over such the controlled-access 3 facility. Such consent and approval shall be given only if the 4 public interest shall be served thereby. 5 Sec. 134. Section 307.48, Code 2020, is amended to read as 6 follows: 7 307.48 Longevity pay. 8 1. An employee of the department who was hired by the state 9 highway commission on or before June 30, 1971, is entitled to 10 longevity pay. An employee eligible for longevity pay under 11 this section whose employment is terminated on or after July 1, 12 1971, if reemployed by the department, forfeits any right the 13 employee may have had to longevity pay. 14 2. An employee under the supervision of the department’s 15 administrator of highways who became an employee of the state 16 department of transportation on July 1, 1974, retains all 17 rights to longevity pay so long as the employee continues 18 employment with the department. 19 Sec. 135. Section 309.24, Code 2020, is amended to read as 20 follows: 21 309.24 Uniform and unified plan required. 22 Said The secondary road construction program or project 23 shall be planned on the basis of one general, uniform, and 24 unified plan for the complete and permanent construction of the 25 roads embraced therein in the program or project as to bridge, 26 culvert, tile, and grading or other improvements. 27 Sec. 136. Section 309.27, Code 2020, is amended to read as 28 follows: 29 309.27 Report of engineer. 30 In addition to the foregoing meeting the requirements of 31 sections 309.22 through 309.26 , the engineer, when so ordered 32 by the board, shall make written report to the board and shall 33 designate therein in their order of importance the roads which, 34 in the engineer’s judgment, are most urgently in need of 35 -45- LSB 5940SC (14) 88 lh/ns 45/ 180
S.F. _____ construction. 1 Sec. 137. Section 309.37, unnumbered paragraph 1, Code 2 2020, is amended to read as follows: 3 Said The engineer’s survey shall show: 4 Sec. 138. Section 309.47, unnumbered paragraph 1, Code 5 2020, is amended to read as follows: 6 Such certificates Certificates issued under this subchapter 7 shall be authorized by a duly adopted resolution which shall 8 specify all of the following : 9 Sec. 139. Section 309.51, Code 2020, is amended to read as 10 follows: 11 309.51 Taxation. 12 Said certificates Certificates issued under this subchapter 13 shall be exempt from taxation. 14 Sec. 140. Section 312.3, subsection 1, Code 2020, is amended 15 to read as follows: 16 1. For the fiscal year ending June 30, 2006, apportion among 17 the counties the road use tax funds credited to the secondary 18 road fund by using the allocation method contained in section 19 312.3, subsection 1 , Code 2005. For subsequent fiscal years, 20 apportion Apportion among the counties the road use tax funds 21 credited to the secondary road fund by using the distribution 22 methodology adopted pursuant to section 312.3C . 23 Sec. 141. Section 313.4, subsection 3, Code 2020, is amended 24 to read as follows: 25 3. There is appropriated from funds appropriated to the 26 department which would otherwise revert to the primary road 27 fund pursuant to the provisions of the Act appropriating the 28 funds or chapter 8 , an amount sufficient to pay the increase 29 in salaries, which increase is not otherwise provided for by 30 the general assembly in an appropriation bill, resulting from 31 the annual review of the merit pay plan as provided in section 32 8A.413, subsection 3 . The appropriation herein provided in 33 this subsection shall be in effect from the effective date of 34 the revised pay plan to the end of the fiscal biennium in which 35 -46- LSB 5940SC (14) 88 lh/ns 46/ 180
S.F. _____ it becomes effective. 1 Sec. 142. Section 313.20, Code 2020, is amended to read as 2 follows: 3 313.20 Auditor —— appointment —— bond —— duties. 4 The director of the department of administrative services 5 shall appoint the auditor of the department who shall give 6 bond in the sum of fifty thousand dollars for the faithful 7 performance of the auditor’s duties. The premium on said 8 the bond shall be paid by the department from the primary 9 road fund. Said The auditor shall check and audit all claims 10 against the department before such claims are approved by the 11 department, and shall keep all records and accounts relating 12 to the expenditures of the department. The auditor shall, in 13 the checking and auditing of claims against the department, and 14 keeping the records and accounts of the department, be under 15 the direction and supervision of the director of the department 16 of administrative services, and act as an agent of said the 17 director. The department shall furnish said the auditor with 18 such help and assistants as may be necessary to properly 19 perform the duties herein specified in this section . The said 20 auditor may be removed by the director of the department of 21 administrative services. 22 Sec. 143. Section 313.24, Code 2020, is amended to read as 23 follows: 24 313.24 Separated cities. 25 The department shall designate the street or streets which 26 shall constitute the primary road extensions in any city of 27 the state, which city is separated from the remainder of 28 the state by a river more than five hundred feet in width 29 from bank to bank. The laws of this state relating to the 30 construction, reconstruction , or maintenance of the extensions 31 of primary roads in cities, and to the purchase or condemnation 32 of right-of-way therefor for those primary roads , and to the 33 expenditure of primary road funds thereon, shall apply to the 34 roads or streets designated hereunder under this section , the 35 -47- LSB 5940SC (14) 88 lh/ns 47/ 180
S.F. _____ same as though said community were not so separated from the 1 rest of the state. 2 Sec. 144. Section 313.29, Code 2020, is amended to read as 3 follows: 4 313.29 Detours located in city. 5 When the temporary primary road detour or temporary primary 6 road haul road, or any portion thereof, is located within 7 the corporate limits of a city, then as to the portion so 8 located, the provisions of section 313.28 as to consultation, 9 designation, restoration , and payment by the department shall 10 apply in like manner to the benefit of the city , and credits 11 thereunder . Credits under section 313.28 shall be made to the 12 general fund of the city. A city may designate the county 13 engineer or city engineer to inspect such street so used 14 jointly with the representative of the department. 15 Sec. 145. Section 321.1, subsection 26, Code 2020, is 16 amended to read as follows: 17 26. “Foreign vehicle” means every vehicle of a type required 18 to be registered hereunder under this chapter brought into this 19 state from another state, territory, or country other than in 20 the ordinary course of business by or through a manufacturer or 21 dealer and not registered in this state. 22 Sec. 146. Section 321.187, subsection 2, paragraph c, Code 23 2020, is amended to read as follows: 24 c. Any third-party skills test examiner used by the 25 third-party tester shall meet the requirements of 49 C.F.R. 26 §383.75 and 49 C.F.R. §384.228 , as adopted by rule by the 27 department. The department shall adopt rules requiring that a 28 third-party tester, other than a community college established 29 under chapter 260C , shall either be an Iowa-based motor 30 carrier, or its subsidiary, that has its principal office 31 within this state and operates a permanent commercial driver 32 training facility in this state, or be an Iowa nonprofit 33 corporation that serves as a trade association for Iowa-based 34 motor carriers. The rules may also provide that a third-party 35 -48- LSB 5940SC (14) 88 lh/ns 48/ 180
S.F. _____ tester conduct a number of skills test examinations above the 1 number required under 49 C.F.R. §383.75 in order to remain 2 qualified as a third-party tester under this section . 3 Sec. 147. Section 321.258, subsection 1, paragraphs b and c, 4 Code 2020, are amended to read as follows: 5 b. Steady and/ or flashing left-turn red arrow. 6 c. Steady and/ or flashing right-turn red arrow. 7 Sec. 148. Section 321.258, subsection 2, paragraphs b and c, 8 Code 2020, are amended to read as follows: 9 b. Steady and/ or flashing left-turn red arrow. 10 c. Steady and/ or flashing right-turn red arrow. 11 Sec. 149. Section 321.378, Code 2020, is amended to read as 12 follows: 13 321.378 Applicability. 14 The provisions of sections 321.372 to through 321.377, this 15 section, and sections 321.379 and 321.380 , shall apply to all 16 public and nonpublic schools where children are transported to 17 and from school. 18 Sec. 150. Section 321.380, Code 2020, is amended to read as 19 follows: 20 321.380 Enforcement. 21 It shall be the duty of all peace officers and of the state 22 patrol to enforce the provisions of sections 321.372 to through 23 321.379 . 24 Sec. 151. Section 321.431, subsections 2 and 3, Code 2020, 25 are amended to read as follows: 26 2. Under the above conditions specified in subsection 1, 27 the hand brake shall be adequate to hold such the vehicle or 28 vehicles stationary on any grade upon which operated. 29 3. Under the above conditions specified in subsection 1, 30 the service brakes upon a motor vehicle equipped with two-wheel 31 brakes only, and when permitted hereunder under this section , 32 shall be adequate to stop the vehicle within a distance of 33 forty-five feet and the hand brake adequate to stop the vehicle 34 within a distance of fifty-five feet. 35 -49- LSB 5940SC (14) 88 lh/ns 49/ 180
S.F. _____ Sec. 152. Section 321.463, subsection 4, paragraph b, 1 subparagraph (4), subparagraph division (b), Code 2020, is 2 amended to read as follows: 3 (b) “Fence-line feeder, grain cart, or tank wagon” means all 4 of the following: 5 (i) A fence-line feeder, grain cart, or tank wagon 6 manufactured on or after July 1, 2001. 7 (ii) After July 1, 2005, any fence-line feeder, grain cart, 8 or tank wagon. 9 Sec. 153. Section 321.480, Code 2020, is amended to read as 10 follows: 11 321.480 Limitation on expense. 12 For the purposes of sections 321.476 to through 321.479, 13 this section, and section 321.481 and the enforcement of the 14 provisions of the motor vehicle laws relating to the size, 15 weight, and load of motor vehicles and trailers the department 16 is hereby authorized to expend from the primary road fund only 17 the amount appropriated for each biennium. 18 Sec. 154. Section 321.481, Code 2020, is amended to read as 19 follows: 20 321.481 No impairment of other authority. 21 Nothing in sections 321.476 to through 321.480 shall be so 22 construed as to limit or impair the authority or duties of 23 other peace officers in the enforcement of the motor vehicle 24 laws or any portion thereof. 25 Sec. 155. Section 321.488, Code 2020, is amended to read as 26 follows: 27 321.488 Procedure not exclusive. 28 The provisions of this chapter shall govern all peace 29 officers in making arrests without a warrant for violations 30 of this chapter for offenses committed in their presence, but 31 the procedure prescribed herein in this chapter shall not be 32 exclusive of any other method prescribed by law for the arrest 33 and prosecution of a person. 34 Sec. 156. Section 321.504, Code 2020, is amended to read as 35 -50- LSB 5940SC (14) 88 lh/ns 50/ 180
S.F. _____ follows: 1 321.504 Optional notification. 2 In lieu of mailing said the notification described in 3 section 321.502 to the defendant in a foreign state, the 4 plaintiff may cause said the notification to be personally 5 served in the foreign state on the defendant by any adult 6 person not a party to the suit, by delivering said the 7 notification to the defendant or by offering to make such 8 delivery in case defendant refuses to accept delivery. 9 Sec. 157. Section 321.511, Code 2020, is amended to read as 10 follows: 11 321.511 Dismissal —— effect. 12 The dismissal of an action after the nonresident has 13 entered a general appearance under the substituted service 14 herein authorized in section 321.498, sections 321.500 through 15 321.502, and sections 321.504 through 321.510 , shall bar the 16 recommencement of the same action against the same defendant 17 unless said the recommenced action is accompanied by actual 18 personal service of the original notice of suit on said the 19 defendant in this state. 20 Sec. 158. Section 321A.11, Code 2020, is amended to read as 21 follows: 22 321A.11 Matters not to be evidence in civil suits. 23 Neither the report required by section 321A.4 , the action 24 taken by the department pursuant to sections 321A.4 to 25 through 321A.10 and this section , the findings, if any, of the 26 department upon which action is based, nor the security filed 27 as provided in said sections shall be referred to in any way, 28 or be any evidence of the negligence or due care of either 29 party, at the trial of any action at law to recover damages. 30 Sec. 159. Section 321A.13, subsection 3, Code 2020, is 31 amended to read as follows: 32 3. Any person whose license, registration, or nonresident’s 33 operating privilege has been suspended or is about to be 34 suspended or shall become subject to suspension under the 35 -51- LSB 5940SC (14) 88 lh/ns 51/ 180
S.F. _____ provisions of section 321A.12 , this section , and sections 1 321A.14 through 321A.29 may be relieved from the effect of such 2 the judgment as hereinbefore prescribed in said those sections 3 by filing with the department an affidavit stating that at the 4 time of the accident upon which such the judgment has been 5 rendered the affiant was insured, that the insurer is liable to 6 pay such the judgment, and the reason, if known, why such the 7 insurance company has not paid such judgment. Such a person 8 shall also file the original policy of insurance or a certified 9 copy thereof, if available, and such other documents as the 10 department may require to show that the loss, injury, or damage 11 for which such the judgment was rendered, was covered by such 12 the policy of insurance. If the department is satisfied from 13 such papers that such the insurer was authorized to issue such 14 the policy of insurance at the time and place of issuing such 15 the policy and that such the insurer is liable to pay such the 16 judgment, at least to the extent and for the amounts required 17 in this chapter , the department shall not suspend such the 18 person’s license or registration or nonresident’s operating 19 privilege , or , if already suspended , shall reinstate them. 20 Sec. 160. Section 321A.14, Code 2020, is amended to read as 21 follows: 22 321A.14 Suspension to continue until judgments paid and proof 23 given. 24 A license, registration, and nonresident’s operating 25 privilege shall remain suspended under section 321A.13 , 26 and shall not be renewed, nor shall any such license or 27 registration be subsequently issued in the name of the person, 28 including any person not previously licensed, until every 29 judgment is satisfied in full or to the extent hereinafter 30 provided in this chapter , or until evidence is provided, to 31 the satisfaction of the department, that the judgment has not 32 been renewed and is no longer enforceable. A person whose 33 license, registration, or nonresident’s operating privilege 34 was suspended under section 321A.13 must provide proof to 35 -52- LSB 5940SC (14) 88 lh/ns 52/ 180
S.F. _____ the department of financial responsibility subject to the 1 exemptions stated in sections 321A.13 and 321A.16 prior to 2 obtaining a license, registration, or nonresident’s operating 3 privilege. 4 Sec. 161. Section 321A.26, Code 2020, is amended to read as 5 follows: 6 321A.26 Owner may give proof for others. 7 Whenever any person required to give proof of financial 8 responsibility hereunder under this chapter is or later becomes 9 an operator in the employ of any owner, or is or later becomes 10 a member of the immediate family or household of the owner, 11 the department shall accept proof given by such owner in lieu 12 of proof by such other person to permit such other person to 13 operate a motor vehicle for which the owner has given proof 14 as herein provided in this subchapter or has qualified as a 15 self-insurer under section 321A.34 . The department shall 16 designate the restrictions imposed by this section on the face 17 of such person’s license. 18 Sec. 162. Section 321A.31, Code 2020, is amended to read as 19 follows: 20 321A.31 Surrender of license and registration. 21 Any person whose license or registration shall have has been 22 suspended as herein provided in this chapter , or whose policy 23 of insurance or bond, when required under this chapter , shall 24 have has been canceled or terminated, or who shall neglect 25 neglects to furnish other proof upon request of the department 26 shall immediately return the person’s license and registration 27 to the department. If any person shall fail fails to return to 28 the department the license or registration as provided herein 29 in this section , the department shall forthwith direct any 30 peace officer to secure possession thereof and to return the 31 same license or registration to the department. 32 Sec. 163. Section 322.13, Code 2020, is amended to read as 33 follows: 34 322.13 Rules. 35 -53- LSB 5940SC (14) 88 lh/ns 53/ 180
S.F. _____ 1. The department shall have full authority to prescribe 1 reasonable rules for the administration and enforcement of 2 this chapter , which shall be in addition hereto to and not 3 inconsistent herewith with this chapter . All rules shall 4 be filed and entered by the department in its office in an 5 indexed, permanent book or record, with the effective date 6 thereof of the rules suitably indicated , and such . The book 7 or record shall be a public document. The department may 8 provide notice of a new rule or regulation by a posting on the 9 department’s internet site. 10 2. The department shall have power to prescribe the forms to 11 be used in connection with the licensing of persons as herein 12 provided in this chapter . 13 Sec. 164. Section 322.15, subsection 2, Code 2020, is 14 amended to read as follows: 15 2. Nothing contained herein in this chapter shall be 16 construed to require the licensing or to apply to any bank, 17 credit union, or trust company in Iowa. 18 Sec. 165. Section 322.19, subsection 2, paragraph a, Code 19 2020, is amended to read as follows: 20 a. A motor vehicle service contract as defined in section 21 516E.1 523C.1 . 22 Sec. 166. Section 322.32, Code 2020, is amended to read as 23 follows: 24 322.32 Construction of applicability to contracts. 25 Nothing in this chapter shall be construed to impair the 26 obligations of a contract or to prevent a licensee hereunder 27 under this chapter from requiring performance of a written 28 contract entered into with another licensee hereunder under 29 this chapter , nor shall the requirement of such performance 30 constitute a violation of any of the provisions of this 31 chapter . 32 Sec. 167. Section 322C.4, subsection 4, Code 2020, is 33 amended to read as follows: 34 4. Before the issuance of a dealer’s license, the applicant 35 -54- LSB 5940SC (14) 88 lh/ns 54/ 180
S.F. _____ shall furnish a surety bond executed by the applicant as 1 principal and executed by a corporate surety company licensed 2 and qualified to do business within this state, which 3 bond shall run to the state of Iowa, be in the amount of 4 seventy-five thousand dollars, and be conditioned upon the 5 faithful compliance by the applicant as a dealer with all 6 statutes of this state regulating or applicable to a dealer, 7 and shall indemnify any person dealing or transacting business 8 with the dealer from loss or damage caused by the failure of 9 the dealer to comply with the provisions of chapter 321 and 10 this chapter , including the furnishing of a proper and valid 11 certificate of title to a towable recreational vehicle. The 12 bond shall be filed with the department prior to the issuance 13 of the license. 14 Sec. 168. Section 322C.14, subsection 3, paragraph c, 15 subparagraph (2), Code 2020, is amended to read as follows: 16 (2) The dealer has abandoned or closed the dealer’s 17 business operations for ten consecutive business days. This 18 subparagraph does not apply if the closing is due to a normal 19 seasonal closing and the dealer notifies the manufacturer or 20 distributor of the planned closing, or is due to an act of God, 21 a strike, a labor difficulty, or any other cause over which the 22 dealer has no control. 23 Sec. 169. Section 322C.15, subsection 2, paragraph b, Code 24 2020, is amended to read as follows: 25 b. The manufacturer’s or distributor’s business operations 26 have been abandoned or caused the dealer’s business operations 27 to close for ten consecutive business days. This paragraph 28 does not apply if the closing is due to a normal seasonal 29 closing and the manufacturer or distributor notifies the 30 dealer of the planned closing, or is due to an act of God, a 31 strike, a labor difficulty, or any other cause over which the 32 manufacturer or distributor has no control. 33 Sec. 170. Section 322C.21, subsection 2, paragraph f, Code 34 2020, is amended to read as follows: 35 -55- LSB 5940SC (14) 88 lh/ns 55/ 180
S.F. _____ f. Each party to the mediation shall pay its the party’s own 1 costs for attorney fees. The costs of the mediation services 2 shall be equally allocated among each party equally amongst the 3 parties . 4 Sec. 171. Section 322C.21, subsection 3, Code 2020, is 5 amended to read as follows: 6 3. In addition to the remedies provided in this section , and 7 notwithstanding the existence of any additional remedy at law, 8 a manufacturer, distributor, warrantor, or dealer may petition 9 the district court , upon a hearing and for cause shown, for a 10 temporary or permanent injunction, or both, restraining any 11 person from acting as a dealer without being properly licensed, 12 from violating or continuing to violate any of the provisions 13 of this chapter , or from failing or refusing to comply with the 14 requirements of this chapter . Such injunction shall be issued , 15 upon a hearing and for cause shown, without bond. A single act 16 in violation of this chapter shall be considered sufficient 17 cause to authorize the issuance of an injunction pursuant to 18 this subsection . 19 Sec. 172. Section 327F.27, subsection 1, unnumbered 20 paragraph 1, Code 2020, is amended to read as follows: 21 Every railroad corporation shall insure ensure that 22 vegetation on railroad property which is on or immediately 23 adjacent to the roadbed be controlled so that it does not: 24 Sec. 173. Section 330.4, Code 2020, is amended to read as 25 follows: 26 330.4 Joint exercise of powers. 27 Agreements between political subdivisions for joint exercise 28 of any powers relating to airports may provide for the creation 29 and establishment of a joint airport commission which, when 30 so created or established, shall function in accordance with 31 the provisions of sections 330.17 to through 330.24 insofar as 32 provided by said the agreements. 33 Sec. 174. Section 330.24, Code 2020, is amended to read as 34 follows: 35 -56- LSB 5940SC (14) 88 lh/ns 56/ 180
S.F. _____ 330.24 No restrictions on former commissions. 1 Nothing in sections 330.17 to through 330.22 shall be 2 interpreted as limiting or affecting airport commissions of 3 cities in the above classification which have already been in 4 existence and operation prior to January 1, 1941, under the 5 provisions of this chapter . 6 Sec. 175. Section 331.322, subsection 3, Code 2020, is 7 amended to read as follows: 8 3. Fill vacancies in county offices in accordance with 9 sections 69.8 to through 69.12 and section 69.14A , and make 10 appointments in accordance with section 69.16 unless a special 11 election is called pursuant to section 69.14A . 12 Sec. 176. Section 331.383, Code 2020, is amended to read as 13 follows: 14 331.383 Duties and powers relating to elections. 15 The board shall ensure that the county commissioner of 16 elections conducts primary, general, city, school, and special 17 elections in accordance with applicable state law. The board 18 shall canvass elections in accordance with sections 43.49 to 19 through 43.51 , 43.60 to through 43.62 , 46.24 , 50.13 , 50.24 to 20 through 50.29 , 50.44 to through 50.47 , 260C.39 , 275.25 , 277.20 , 21 376.1 , 376.7 , and 376.9 . The board shall prepare and deliver 22 a list of persons nominated in accordance with section 43.55 , 23 provide for a recount in accordance with section 50.48 , provide 24 for election precincts in accordance with sections 49.3 , 49.4 , 25 49.6 to through 49.8 , and 49.11 , pay election costs as provided 26 in section 47.3 , participate in election contests as provided 27 in sections 62.1A and 62.9 , and perform other election duties 28 required by state law. The board may shall provide for the 29 use of an optical scan voting system as provided in sections 30 52.2 , and 52.3 , and 52.8 , and exercise other election powers as 31 provided by state law. 32 Sec. 177. Section 331.390, subsection 2, Code 2020, is 33 amended to read as follows: 34 2. The governing board shall comply with all of the 35 -57- LSB 5940SC (14) 88 lh/ns 57/ 180
S.F. _____ following requirements: 1 a. The voting membership of the governing board shall 2 consist of at least one board of supervisors member from each 3 county comprising the region or their designees a person 4 designated by the board of each county . 5 b. The membership of the governing board shall also include 6 one adult person who utilizes mental health and disability 7 services or is an actively involved relative of such an adult 8 person. This member shall be designated by the regional 9 advisory committee formed by the governing board pursuant to 10 paragraph “h” “e” . 11 c. The membership of the governing board shall not include 12 employees of the department of human services or an unelected 13 nonelected employee of a county. 14 d. The membership of the governing board shall also consist 15 of one all of the following: 16 (1) One member representing adult service providers in 17 the region. This member shall be designated by the regional 18 advisory committee formed by the governing board pursuant to 19 paragraph “h” “e” . The member designated in accordance with 20 this paragraph subparagraph shall serve in a nonvoting, ex 21 officio capacity. 22 e. (2) The membership of the governing board shall also 23 consist of one One member representing children’s behavioral 24 health services providers in the region. This member shall 25 be designated by the regional children’s advisory committee 26 formed by the governing board pursuant to paragraph “i” “f” . 27 The member designated in accordance with this paragraph 28 subparagraph shall serve in a nonvoting, ex officio capacity. 29 f. (3) The membership of the governing board shall also 30 consist of one One member representing the education system in 31 the region. This member shall be designated by the regional 32 children’s advisory committee formed by the governing board 33 pursuant to paragraph “i” “f” . 34 g. (4) The membership of the governing board shall also 35 -58- LSB 5940SC (14) 88 lh/ns 58/ 180
S.F. _____ consist of one One member who is a parent of a child who 1 utilizes children’s behavioral health services or who is an 2 actively involved relatives relative of such children a child . 3 This member shall be designated by the regional children’s 4 advisory committee formed by the governing board pursuant to 5 paragraph “i” “f” . 6 h. e. The governing board shall have a regional advisory 7 committee consisting of adults who utilize services or actively 8 involved relatives of such adults, service providers, and 9 regional governing board members. 10 i. f. The governing board shall have a regional children’s 11 advisory committee consisting of parents of children who 12 utilize services or actively involved relatives of such 13 children, a member of the education system, an early childhood 14 advocate, a child welfare advocate, a children’s behavioral 15 health service provider, a member of the juvenile court, a 16 pediatrician, a child care provider, a local law enforcement 17 representative, and regional governing board members. 18 Sec. 178. Section 331.397A, subsection 5, unnumbered 19 paragraph 1, Code 2020, is amended to read as follows: 20 A region shall ensure that services within the following 21 additional core service domains are available to children not 22 eligible for the medical assistance program under chapter 249A 23 or not receiving other third-party payment for the services, 24 when public funds are made available for such services: 25 Sec. 179. Section 331.606, subsection 3, Code 2020, is 26 amended to read as follows: 27 3. The county recorder may give the county sheriff the 28 records filed under this chapter or chapter 695, Code 1977 , 29 pertaining to the sale and registration of weapons or may 30 dispose of those records if the sheriff does not wish to 31 receive the records. 32 Sec. 180. Section 335.4, Code 2020, is amended to read as 33 follows: 34 335.4 Areas and districts. 35 -59- LSB 5940SC (14) 88 lh/ns 59/ 180
S.F. _____ For any and all of said purposes the The board of supervisors 1 may divide the county, or any area or areas within the county, 2 into districts of such number, shape, and area as may be 3 deemed best suited to carry out the purposes of this chapter ; 4 and within such districts it may regulate and restrict the 5 erection, construction, reconstruction, alteration, repair, or 6 use of buildings, structures or land. All such regulations 7 and restrictions shall be uniform for each class or kind of 8 buildings throughout each district, but the regulations in one 9 district may differ from those in other districts. 10 Sec. 181. Section 335.10, Code 2020, is amended to read as 11 follows: 12 335.10 Board of adjustment —— review and remand. 13 1. The board of supervisors shall provide for the 14 appointment of a board of adjustment, and in the regulations 15 and restrictions adopted pursuant to the authority of this 16 chapter shall provide that the said board of adjustment may, 17 in appropriate cases, and subject to appropriate conditions 18 and safeguards, make special exceptions to the terms of the 19 ordinances or regulations in harmony with its general purpose 20 and intent and in accordance with the general or specific 21 rules therein contained in the ordinances or regulations , and 22 provide that any property owner aggrieved by the action of the 23 board of supervisors in the adoption of such regulations and 24 restrictions may petition the said board of adjustment direct 25 to modify regulations and restrictions as applied to such 26 property owners. 27 2. The board of supervisors may provide for its review 28 of variances granted by the board of adjustment before their 29 effective date. The board of supervisors may remand a decision 30 to grant a variance to the board of adjustment for further 31 study. If remanded, the effective date of the variance is 32 delayed for thirty days from the date of the remand. 33 Sec. 182. Section 335.21, Code 2020, is amended to read as 34 follows: 35 -60- LSB 5940SC (14) 88 lh/ns 60/ 180
S.F. _____ 335.21 Trial to court. 1 1. If upon the hearing which shall be tried de novo it 2 shall appear to the court that testimony is necessary for 3 the proper disposition of the matter, it the court may take 4 evidence or appoint a referee to take such evidence as it the 5 court may direct and report the same evidence to the court 6 with the referee’s findings of fact and conclusions of law , 7 which . The evidence and the referee’s findings and conclusions 8 shall constitute a part of the proceedings upon which the 9 determination of the court shall be made. The court may 10 reverse or affirm, wholly or partly, or may modify the decision 11 brought up for review. 12 2. Costs shall not be allowed against the board unless 13 it shall appear to the court that it the board acted with 14 gross negligence or in bad faith or with malice in making the 15 decision appealed from. 16 Sec. 183. Section 347.9, subsections 1 and 3, Code 2020, are 17 amended to read as follows: 18 1. When it has been determined by the voters of a county 19 to establish a county public hospital, the board shall appoint 20 five or seven trustees chosen from among the resident citizens 21 of the county with reference to their fitness for office. 22 The appointed trustees shall hold office until the following 23 general election, at which time their successors shall be 24 elected, three for a term of four years and the remainder 25 for a term of two years, and they shall determine by lot 26 their respective terms, and thereafter their successors shall 27 be elected for regular terms of four years each , except as 28 provided in subsection 3 . 29 3. Trustees Notwithstanding subsections 1 and 2, trustees 30 in a county with a population of at least four hundred thousand 31 shall serve for a term of six years. A trustee elected to a 32 term of four years in or after January 2018 shall instead serve 33 a term of six years. 34 Sec. 184. Section 347.25, subsection 1, Code 2020, is 35 -61- LSB 5940SC (14) 88 lh/ns 61/ 180
S.F. _____ amended to read as follows: 1 1. The election of hospital trustees whose offices are 2 established by this chapter or chapter 145A or 347A shall 3 take place at the general election on ballots which shall 4 not reflect a nominee’s political affiliation. Nomination 5 shall be made by petition in accordance with chapter 45 . The 6 petition form shall be furnished by the county commissioner 7 of elections, shall be signed by fifty eligible electors of 8 the county, and shall be filed with the county commissioner 9 of elections. A plurality is sufficient to elect hospital 10 trustees. 11 Sec. 185. Section 349.6, subsection 1, Code 2020, is amended 12 to read as follows: 13 1. The county auditor shall, on the direction of the board 14 while it is in session, open said the envelopes which have 15 been deposited as provided under section 349.5 . The board 16 may receive other evidence of circulation. In counties in 17 which two newspapers are to be selected, the two newspapers 18 showing the largest number of bona fide yearly subscribers 19 living within the county shall be selected as such official 20 newspapers. In counties in which three newspapers are to 21 be selected, the three showing the largest number of such 22 subscribers shall be selected except when such three newspapers 23 are all published in the same city, in which case the two 24 newspapers in such city having the largest lists of such 25 subscribers and the newspaper having the next largest list of 26 such subscribers and published outside such city, shall be 27 selected as such official newspapers. 28 Sec. 186. Section 349.8, Code 2020, is amended to read as 29 follows: 30 349.8 Tie lists. 31 When newspapers are, by equality of circulation, equally 32 entitled to such selection as an official newspaper , the board 33 shall, in the presence of the contestants, determine the 34 question by lot. 35 -62- LSB 5940SC (14) 88 lh/ns 62/ 180
S.F. _____ Sec. 187. Section 357.3, Code 2020, is amended to read as 1 follows: 2 357.3 Scope of assessment. 3 The special assessment hereinafter provided for in this 4 chapter may be used to cover the costs of installing all the 5 necessary elements of a water system, for both production and 6 distribution. 7 Sec. 188. Section 357.26, Code 2020, is amended to read as 8 follows: 9 357.26 Duties of trustees. 10 It is anticipated that this law chapter will usually be 11 utilized to finance a distribution system where the source of 12 supply is without the district, and not under its control, 13 and that individuals within the district will pay water rent 14 to a municipality or corporation without the district. It is 15 intended that the trustees may so operate the utility as will 16 best serve the users, and they are expressly authorized to buy 17 and sell water, to fix the rates to consumers and make all 18 contracts reasonable or necessary to accomplish the purpose of 19 this chapter and to carry on all the operations incident to 20 maintaining and operating said utility and to the procuring 21 and furnishing of water to the consumers therein. If the 22 development of a source of supply is within the means of the 23 district, the trustees may install wells, tanks, meters and any 24 other equipment properly pertaining to operate it. 25 Sec. 189. Section 357.27, Code 2020, is amended to read as 26 follows: 27 357.27 Public property in district. 28 Whenever property of the state of Iowa, or any political 29 subdivision thereof, shall be included either wholly or in part 30 within such the water district and shall own the state of Iowa 31 or the political subdivision owns facilities which may be used 32 as a part of such water system, the executive council, board of 33 supervisors , or city council, as the case may be, may permit 34 such the use of said the facilities for such consideration and 35 -63- LSB 5940SC (14) 88 lh/ns 63/ 180
S.F. _____ on such terms as may be agreed upon with the board of trustees. 1 Sec. 190. Section 357A.20, subsection 2, paragraph e, Code 2 2020, is amended to read as follows: 3 e. The district shall bring its operation and structure 4 in compliance with sections 357A.7 to through 357A.10 at the 5 first annual meeting of the participating members and board of 6 directors. 7 Sec. 191. Section 358.2, subsection 2, Code 2020, is amended 8 to read as follows: 9 2. No territory Territory shall not be included within more 10 than one sanitary district organized under this chapter , and 11 if any proposed sanitary district shall fail fails to receive 12 a majority of votes cast at any election thereon at which 13 the establishment of the district is proposed as hereinafter 14 provided in this chapter , no a petition shall not be filed for 15 establishment of such a sanitary district within one year from 16 the date of such previous election. 17 Sec. 192. Section 358.23, Code 2020, is amended to read as 18 follows: 19 358.23 Appeal to district court. 20 Any person aggrieved by any proceeding had by the board of 21 supervisors or by the board of trustees as herein provided in 22 this chapter in relation to any matter involving the person’s 23 rights not included under the provisions of section 358.22 24 may appeal to the district court of the county in which the 25 proceedings were had. Such appeals shall be governed in all 26 respects as is provided by pertinent sections under chapter 27 468, subchapter I, parts 1 to through 5 . 28 Sec. 193. Section 358.25, Code 2020, is amended to read as 29 follows: 30 358.25 Revenue bonds. 31 Sanitary districts incorporated under this chapter may 32 exercise the powers granted to counties in sections 331.462 to 33 through 331.470 , to issue revenue bonds for the purposes in 34 section 331.461, subsection 2 , paragraphs “b” and “c” . 35 -64- LSB 5940SC (14) 88 lh/ns 64/ 180
S.F. _____ Sec. 194. Section 358.30, Code 2020, is amended to read as 1 follows: 2 358.30 Annexation of land by a city —— compensation. 3 A sanitary district shall be fairly compensated for losses 4 resulting from annexation by a city . The governing body of a 5 city or city utility and the board of trustees of the sanitary 6 district may agree to terms which provide that the facilities 7 owned by the sanitary district and located within the city 8 shall be retained by the sanitary district for the purpose 9 of sanitary service to customers outside the city. If an 10 agreement is not reached within ninety days, the issues may be 11 submitted to arbitration. If submitted, an arbitrator shall 12 be selected by a committee which includes one member of the 13 governing body of the city or its designee, one member of the 14 sanitary district’s board of trustees or its designee, and a 15 disinterested party selected by the other two members of the 16 committee. A list of qualified arbitrators may be obtained 17 from the American arbitration association or another recognized 18 arbitration organization or association. 19 Sec. 195. Section 359.6, Code 2020, is amended to read as 20 follows: 21 359.6 Petition —— remonstrance. 22 Such petition shall be accompanied by the affidavit of 23 three eligible electors, to the effect that all the signatures 24 to such petition are genuine, and that the signers thereof 25 are all eligible electors of said township, residing outside 26 said corporate limits. Remonstrances signed by such eligible 27 electors may also be presented at the hearing before the board 28 of supervisors hereinafter provided for in this subchapter , and 29 if the same persons petition and remonstrate, they shall be 30 counted on the remonstrance only. 31 Sec. 196. Section 359.15, Code 2020, is amended to read as 32 follows: 33 359.15 Hearing —— order. 34 If, at the time fixed for the hearing of said a petition 35 -65- LSB 5940SC (14) 88 lh/ns 65/ 180
S.F. _____ filed under section 359.14 , the board be is satisfied that 1 there is a majority in favor of such the change of name, it the 2 board shall make an order granting the same name change , which 3 shall be attested by the auditor, and recorded in the office 4 of the recorder of the county. 5 Sec. 197. Section 359.30, Code 2020, is amended to read as 6 follows: 7 359.30 Cemetery and park tax. 8 They Township trustees shall, at the regular meeting 9 in November, levy a tax sufficient to pay for any lands so 10 condemned or purchased, or for the necessary improvement 11 and maintenance of cemeteries thus established, and for the 12 necessary improvement and the maintenance of public parks 13 acquired by gift, devise, or bequest under section 359.29 , 14 or for the maintenance and improvement of cemeteries so 15 established in adjoining townships, in case they if the 16 trustees deem such action advisable. 17 Sec. 198. Section 359.31, Code 2020, is amended to read as 18 follows: 19 359.31 Power and control. 20 They Township trustees shall control any such cemeteries, or 21 appoint trustees for the same, or sell the same to any private 22 corporation for cemetery purposes. 23 Sec. 199. Section 359.32, Code 2020, is amended to read as 24 follows: 25 359.32 Sale of lots —— gifts. 26 They Township trustees shall have authority to provide for 27 the sale of lots or portions thereof, in any cemetery under 28 their control, and make rules in regard thereto , and . Township 29 trustees may provide for perpetual upkeep by the establishment 30 of a perpetual upkeep fund from the proceeds of sale of lots, 31 and may accept gifts, devise or bequest, made to them for that 32 purpose. 33 Sec. 200. Section 359.33, Code 2020, is amended to read as 34 follows: 35 -66- LSB 5940SC (14) 88 lh/ns 66/ 180
S.F. _____ 359.33 Tax for nonowned cemetery. 1 They Township trustees may levy a tax not to exceed six and 2 three-fourths cents per thousand dollars of assessed value 3 of taxable property to improve and maintain any cemetery not 4 owned by the township, provided the same cemetery is devoted 5 to general public use. 6 Sec. 201. Section 359.37, Code 2020, is amended to read as 7 follows: 8 359.37 Regulations. 9 1. The trustees, board of directors, or other officers 10 having the custody and control of any cemetery in this state, 11 shall have power, subject to the bylaws and regulations of such 12 cemetery, to do all of the following: 13 a. To enclose, improve, and adorn the ground of such 14 cemetery ; to . 15 b. To construct avenues in the same; to cemetery. 16 c. To erect proper buildings for the use of said the 17 cemetery ; to . 18 d. To prescribe rules for the improving or adorning the lots 19 therein, in the cemetery or for the erection of monuments or 20 other memorials of the dead upon such the lots ; and to . 21 e. To prohibit any use, division, improvement , or adornment 22 of a lot which they the trustees, directors, or officers may 23 deem improper. 24 2. The trustees, after such land has been advertised for 25 sealed bids by the trustees, shall have authority to sell and 26 dispose of any lands or parcels of lands heretofore previously 27 dedicated for cemetery purposes and which are no longer 28 necessary for such purposes, for the reason that no burials 29 are being made in such the cemetery , provided that . However, 30 any portion of said the cemetery in which burials have been 31 made shall be kept and maintained by said the trustees. The 32 proceeds from such sales shall be deposited in the tax fund 33 established in accordance with section 359.30 , to be used for 34 the purposes of that fund. 35 -67- LSB 5940SC (14) 88 lh/ns 67/ 180
S.F. _____ Sec. 202. Section 376.1, Code 2020, is amended to read as 1 follows: 2 376.1 City election held. 3 1. A city shall hold a regular city election on the first 4 Tuesday after the first Monday in November of each odd-numbered 5 year. A city shall hold regular, special, primary, or runoff 6 city elections as provided by state law. 7 2. The mayor or council shall give notice of any special 8 election to the county commissioner of elections. The county 9 commissioner of elections shall publish notice of any city 10 election and conduct the election pursuant to the provisions 11 of chapters 39 to through 53 , except as otherwise specifically 12 provided in chapters 362 to through 392 . The results of any 13 election shall be canvassed by the county board of supervisors 14 and certified by the county commissioner of elections to the 15 mayor and the council of the city for which the election is 16 held. 17 Sec. 203. Section 376.3, Code 2020, is amended to read as 18 follows: 19 376.3 Nominations. 20 Candidates for elective city offices must be nominated as 21 provided in sections 376.4 to through 376.9 unless by ordinance 22 a city chooses the provisions of chapters 44 or 45 . However, 23 a city acting under a special charter in 1973 and having a 24 population of over fifty thousand shall continue to hold 25 partisan elections as provided in sections 43.112 to through 26 43.118 and 420.126 to through 420.137 unless the city by 27 election as provided in section 43.112 chooses to conduct city 28 elections under this chapter or chapter 44 or 45 . The choice 29 of one of these options by such a special charter city does not 30 otherwise affect the validity of the city’s charter. However, 31 special charter cities which choose to exercise the option 32 to conduct nonpartisan city elections may choose in the same 33 manner the original decision was made, to resume holding city 34 elections on a partisan basis. 35 -68- LSB 5940SC (14) 88 lh/ns 68/ 180
S.F. _____ Sec. 204. Section 386.7, subsection 3, Code 2020, is amended 1 to read as follows: 2 3. If the council orders the construction of the 3 self-liquidating improvement, contracts for it the improvement 4 shall be let in accordance with chapter 26 . 5 Sec. 205. Section 388.3, subsection 3, Code 2020, is amended 6 to read as follows: 7 3. A public officer or a salaried employee of the city may 8 shall not serve on a utility board. 9 Sec. 206. Section 388.9, subsection 1, Code 2020, is amended 10 to read as follows: 11 1. Notwithstanding section 21.5, subsection 1 , the 12 governing body of a city utility or combined utility system, 13 or a city enterprise or combined city enterprise as defined in 14 section 384.80 , by a vote of two-thirds of the members of the 15 body or all of the members present at the meeting, may hold a 16 closed session to discuss marketing and pricing strategies or 17 proprietary information if its competitive position would be 18 harmed by public disclosure not required of potential or actual 19 competitors, and if no public purpose would be served by such 20 disclosure. The minutes and a tape an audio or audiovisual 21 recording of a session closed under this subsection shall be 22 available for public examination at that point in time when 23 the public disclosure would no longer harm the utility’s 24 competitive position. 25 Sec. 207. Section 390.3, Code 2020, is amended to read as 26 follows: 27 390.3 Hearing —— exception to general statutes. 28 1. Before a city may enter into or amend a joint agreement, 29 the governing body shall adopt a proposed form of agreement and 30 give notice and conduct a public hearing on the agreement in 31 the manner provided by sections 73A.1 to through 73A.11 , which 32 action shall be subject to appeal as provided in chapter 73A . 33 2. However, in the performance of a joint agreement, 34 the governing body is not subject to statutes generally 35 -69- LSB 5940SC (14) 88 lh/ns 69/ 180
S.F. _____ applicable to public contracts, including hearings on 1 plans, specifications, form of contracts, costs, notice and 2 competitive bidding required under chapter 26 and section 3 384.103 , unless all parties to the joint agreement are cities 4 located within the state of Iowa. 5 Sec. 208. Section 400.14, Code 2020, is amended to read as 6 follows: 7 400.14 Civil service status of chiefs. 8 A police officer under civil service may be appointed 9 chief of police and a fire fighter under civil service may be 10 appointed chief of the fire department without losing civil 11 service status, and shall retain, while holding the office of 12 chief, the same civil service rights that the officer or fire 13 fighter may have had immediately previous to appointment as 14 chief, but nothing herein in this section shall be deemed to 15 extend to such individual any civil service right upon which 16 the individual may retain the position of chief. 17 Sec. 209. Section 403.2, subsection 1, Code 2020, is amended 18 to read as follows: 19 1. It is hereby found and declared that there exist in 20 municipalities of the state slum and blighted areas, as herein 21 defined in this chapter , which constitute a serious and growing 22 menace, injurious to the public health, safety, morals , and 23 welfare of the residents of the state; that the existence 24 of such areas contributes substantially and increasingly to 25 the spread of disease and crime, constitutes an economic and 26 social liability imposing onerous municipal burdens which 27 decrease the tax base and reduce tax revenues, substantially 28 impairs or arrests the sound growth of municipalities, retards 29 the provision of housing accommodations, aggravates traffic 30 problems and substantially impairs or arrests the elimination 31 of traffic hazards and the improvement of traffic facilities; 32 and that the prevention and elimination of slums and blighted 33 areas is a matter of state policy and state concern in order 34 that the state and its municipalities shall not continue to be 35 -70- LSB 5940SC (14) 88 lh/ns 70/ 180
S.F. _____ endangered by areas which are focal centers of disease, promote 1 juvenile delinquency and consume an excessive proportion of 2 state revenues because of the extra services required for 3 police, fire, accident, hospitalization , and other forms of 4 public protection, services , and facilities. 5 Sec. 210. Section 403.4, unnumbered paragraph 1, Code 2020, 6 is amended to read as follows: 7 No A municipality shall not exercise the authority herein 8 conferred upon municipalities by this chapter until after 9 its local governing body shall have has adopted a resolution 10 finding that: 11 Sec. 211. Section 403.9, subsections 1 and 6, Code 2020, are 12 amended to read as follows: 13 1. A municipality shall have power to periodically issue 14 bonds in its discretion to pay the costs of carrying out 15 the purposes and provisions of this chapter , including but 16 not limited to the payment of principal and interest upon 17 any advances for surveys and planning, and the payment of 18 interest on bonds, herein authorized under this chapter , not 19 to exceed three years from the date the bonds are issued. The 20 municipality shall have power to issue refunding bonds for the 21 payment or retirement of such bonds previously issued by the 22 municipality. Said bonds shall be payable solely from the 23 income and proceeds of the fund and portion of taxes referred 24 to in section 403.19, subsection 2, and revenues and other 25 funds of the municipality derived from or held in connection 26 with the undertaking and carrying out of urban renewal projects 27 under this chapter . The municipality may pledge to the payment 28 of the bonds the fund and portion of taxes referred to in 29 section 403.19, subsection 2, and may further secure the 30 bonds by a pledge of any loan, grant, or contribution from 31 the federal government or other source in aid of any urban 32 renewal projects of the municipality under this chapter , or 33 by a mortgage of any such urban renewal projects, or any part 34 thereof, title which is vested in the municipality. 35 -71- LSB 5940SC (14) 88 lh/ns 71/ 180
S.F. _____ 6. In any suit, action , or proceeding involving the validity 1 or enforceability of any bond issued under this chapter or the 2 security therefor, any such bond reciting in substance that it 3 has been issued by the municipality in connection with an urban 4 renewal project, as herein defined in this chapter , shall be 5 conclusively deemed to have been issued for such purpose and 6 such project shall be conclusively deemed to have been planned, 7 located , and carried out in accordance with the provisions of 8 this chapter . 9 Sec. 212. Section 403.14, subsection 1, Code 2020, is 10 amended to read as follows: 11 1. A municipality may itself exercise its urban renewal 12 project powers, as herein defined in this section , or may, 13 if the local governing body by resolution determines such 14 action to be in the public interest, elect to have such 15 powers exercised by the urban renewal agency, if one exists 16 or is subsequently established in the community. In the 17 event the local governing body makes such determination, 18 the urban renewal agency shall be vested with all of the 19 urban renewal project powers in the same manner as though 20 all such powers were conferred on such agency instead of the 21 municipality. If the local governing body does not elect to 22 make such determination, the municipality in its discretion may 23 exercise its urban renewal project powers through a board or 24 commissioner, or through such officers of the municipality as 25 the local governing body may by resolution determine. 26 Sec. 213. Section 403.16, unnumbered paragraph 1, Code 27 2020, is amended to read as follows: 28 No public official or employee of a municipality, or board 29 or commission thereof, and no commissioner or employee of an 30 urban renewal agency, which has been vested by a municipality 31 with urban renewal project powers under section 403.14 , shall 32 voluntarily acquire any personal interest, as hereinafter 33 defined described in this section , whether direct or indirect, 34 in any urban renewal project, or in any property included 35 -72- LSB 5940SC (14) 88 lh/ns 72/ 180
S.F. _____ or planned to be included in any urban renewal project of 1 such municipality, or in any contract or proposed contract 2 in connection with such urban renewal project. Where such 3 acquisition is not voluntary, the interest acquired shall 4 be immediately disclosed in writing to the local governing 5 body, and such disclosure shall be entered upon the minutes 6 of the governing body. If any such official, commissioner , 7 or employee presently owns or controls, or has owned or 8 controlled within the preceding two years, any interest, as 9 hereinafter defined described in this section , whether direct 10 or indirect, in any property which the official, commissioner , 11 or employee knows is included or planned to be included in an 12 urban renewal project, the official, commissioner , or employee 13 shall immediately disclose this fact in writing to the local 14 governing body, and such disclosure shall be entered upon 15 the minutes of the governing body; and any such official, 16 commissioner , or employee shall not participate in any action 17 by the municipality, or board or commission thereof, or urban 18 renewal agency affecting such property, as the terms of such 19 proscription are hereinafter defined which is proscribed in 20 this section . For the purposes of this section the following 21 definitions and standards of construction shall apply: 22 Sec. 214. Section 414.13, Code 2020, is amended to read as 23 follows: 24 414.13 Decision on appeal. 25 In exercising the above-mentioned powers such enumerated 26 in section 414.12, the board of adjustment may, in conformity 27 with the provisions of this chapter , reverse or affirm, wholly 28 or partly, or may modify the order, requirement, decision, 29 or determination appealed from and may make such order , 30 requirement, decision, or determination as ought to be made, 31 and to that end shall have all the powers of the officer from 32 whom the appeal is taken. 33 Sec. 215. Section 420.43, subsection 2, Code 2020, is 34 amended to read as follows: 35 -73- LSB 5940SC (14) 88 lh/ns 73/ 180
S.F. _____ 2. This section shall not be construed as depriving boards 1 of supervisors, county auditors, and county treasurers of their 2 powers to spread tax levies and collect taxes certified by 3 cities acting under special charter as provided in section 4 420.206 and other state law. Nothing contained herein in 5 this section shall be deemed to affect the procedure for the 6 assessment of property by the city or county assessor. 7 Sec. 216. Section 420.224, Code 2020, is amended to read as 8 follows: 9 420.224 Limitation on resale by city. 10 Property which may be sold at tax sale to any such 11 city shall not be offered at any sale for taxes or special 12 assessments, collectible by such city, while it holds the 13 certificate of purchase thereof or tax deed thereon except 14 that if any special assessment or installment thereof levied 15 by any such city prior to April 22, 1941, shall be or become 16 delinquent after purchase of such property at tax sale by the 17 city, then the property against which the same was levied may 18 be sold therefor only at the first regular tax sale of such 19 city occurring within such a period of time after delinquency 20 that sale for such assessment or installment might lawfully 21 be made at such first regular tax sale . Nothing in sections 22 420.220 to through 420.223, this section, or sections 420.225 23 through 420.229 shall prevent the sale of property for any 24 unpaid taxes collectible by the county. 25 Sec. 217. Section 420.226, Code 2020, is amended to read as 26 follows: 27 420.226 City clerk makes purchases. 28 The city clerk shall act on behalf of the city under general 29 or specific resolutions of its city council in making the 30 purchases at tax sale hereby authorized under this subchapter . 31 Sec. 218. Section 420.228, Code 2020, is amended to read as 32 follows: 33 420.228 City may compromise tax —— effect. 34 For the purpose of collecting and realizing on account 35 -74- LSB 5940SC (14) 88 lh/ns 74/ 180
S.F. _____ of delinquent taxes and special assessments collectible by 1 it a city as fully and expeditiously as deemed possible in 2 the judgment of its city council , any such city is hereby 3 authorized to settle, compromise, and adjust any general tax, 4 then having been delinquent for a period of two years or more 5 and any special assessment then having been delinquent in whole 6 or as to any installment thereof for a period of two years 7 or more , and, in . In connection with any such settlement, 8 compromise , or adjustment, the city is also authorized to 9 accept a conveyance of real property and extend the time for 10 payment of any installment of any special assessment. If any 11 special assessment shall be is reduced in amount in connection 12 with any such settlement, compromise, or adjustment, the full 13 amount of the reduction shall thereby become an obligation of 14 such the city to the special assessment fund into which such 15 assessment was payable. The lien or charge created by law for 16 the payment of any special assessment certificates or bonds 17 against any special assessment so reduced in amount or against 18 the proceeds thereof shall remain in effect against the balance 19 of such special assessment and the proceeds of such balance. 20 All such settlements, compromises, and adjustments heretofore 21 effected are hereby ratified and validated. 22 Sec. 219. Section 420.235, Code 2020, is amended to read as 23 follows: 24 420.235 Tax receipt. 25 1. The collector or treasurer shall in all cases make out 26 and deliver to the taxpayer a receipt, which receipt shall 27 contain the description and the assessed value of each lot 28 and parcel of real estate, and the assessed value of personal 29 property, and in case the property has been sold for taxes and 30 not redeemed, the date of such sale and to whom sold, also the 31 amount of taxes, interest, and costs paid ; and the . 32 2. The collector or treasurer shall give separate receipts 33 for each year ; whereupon the collector or treasurer and shall 34 make proper entries of such payments on the books of the 35 -75- LSB 5940SC (14) 88 lh/ns 75/ 180
S.F. _____ collector’s or treasurer’s office. 1 Sec. 220. Section 420.238, Code 2020, is amended to read as 2 follows: 3 420.238 Redemption —— terms. 4 Real property sold under the provisions of this chapter , or 5 by virtue of any other power heretofore given, may be redeemed 6 before the time of redemption expires, as hereinafter provided 7 in this chapter , by payment to the treasurer, collector, or 8 person authorized to receive the same, to payment. The payment 9 shall be held by the treasurer, collector , or other authorized 10 person subject to the order of the purchaser on surrender of 11 the certificate, or in case if the same certificate is lost 12 and or destroyed, on the purchaser’s making affidavit of such 13 fact, and of the further fact that it the certificate was not 14 assigned, of the amount for which the same real property was 15 sold, and ten percent of such amount immediately added as a 16 penalty, with eight percent per annum on the whole amount thus 17 made from the day of sale, and the amount of all taxes, either 18 general or special, with interest and costs, paid at any time 19 by the purchaser or the purchaser’s assignee subsequent to the 20 sale, and a similar penalty of ten percent added as before on 21 the amount of the payment made at any subsequent time, with 22 eight percent interest per annum on the whole of such amount 23 or amounts from the day or days of payment; provided that such 24 penalty for the nonpayment of the taxes at any subsequent time 25 or times shall not attach, unless such subsequent tax or taxes 26 shall have remained unpaid for thirty days after they became 27 delinquent. 28 Sec. 221. Section 422.19, Code 2020, is amended to read as 29 follows: 30 422.19 Scope of nonresidents tax. 31 The tax herein imposed under this subchapter upon certain 32 income of nonresidents shall apply to all such income actually 33 received by such nonresident regardless of when such income was 34 earned. If the nonresident is reporting on the accrual basis 35 -76- LSB 5940SC (14) 88 lh/ns 76/ 180
S.F. _____ it shall apply to all such income which first became available 1 to the nonresident so that the nonresident might demand payment 2 thereof regardless of when such income was earned. The duty to 3 withhold herein imposed under this subchapter upon withholding 4 agents shall apply only to amounts paid after June 30, 1937. 5 Sec. 222. Section 422.20, subsections 1 and 2, Code 2020, 6 are amended to read as follows: 7 1. a. It shall be unlawful for any present or former 8 officer or employee of the state to divulge or to make known 9 in any manner whatever not provided by law to any person the 10 amount or source of income, profits, losses, expenditures, or 11 any particular thereof, set forth or disclosed in any income 12 return, or to permit any income return or copy thereof or any 13 book containing any abstract or particulars thereof to be seen 14 or examined by any person except as provided by law ; and it . 15 b. It shall be unlawful for any person to print or publish 16 in any manner whatever not provided by law any income return, 17 or any part thereof or source of income, profits, losses, or 18 expenditures appearing in any income return ; and any . 19 c. Any person committing an offense against the foregoing 20 provision described in this subsection shall be guilty of a 21 serious misdemeanor. If the offender is an officer or employee 22 of the state, such person shall also be dismissed from office 23 or discharged from employment. 24 d. Nothing herein in this section shall prohibit turning 25 over to duly authorized officers of the United States or tax 26 officials of other states state information and income returns 27 pursuant to agreement between the director and the secretary of 28 the treasury of the United States or the secretary’s delegate 29 or pursuant to a reciprocal agreement with another state. 30 2. It is unlawful for an officer, employee, or agent, or 31 former officer, employee, or agent of the state to disclose 32 to any person, except as authorized in subsection 1 of this 33 section , any federal tax return or return information as 34 defined in section 6103(b) of the Internal Revenue Code. It 35 -77- LSB 5940SC (14) 88 lh/ns 77/ 180
S.F. _____ is unlawful for a person to whom any federal tax return or 1 return information, as defined in section 6103(b) of the 2 Internal Revenue Code, is disclosed in a manner unauthorized 3 by subsection 1 of this section to thereafter print or publish 4 in any manner not provided by law any such return or return 5 information. A person violating this provision subsection is 6 guilty of a serious misdemeanor. 7 Sec. 223. Section 422.21, subsection 3, Code 2020, is 8 amended to read as follows: 9 3. The department shall make available to persons required 10 to make personal income tax returns under the provisions of 11 this chapter , and when such income is derived mainly from 12 salaries and wages or from the operation of a business or 13 profession, a form which shall take into consideration the 14 normal deductions and credits allowable to any such taxpayer, 15 and which will permit the computation of the tax payable 16 without requiring the listing of specific deductions and 17 credits. In arriving at schedules for payment of taxation 18 under such forms the department shall as nearly as possible 19 base such schedules upon a total of deductions and credits 20 which will result in substantially the same payment as 21 would have been made by such taxpayer were the taxpayer to 22 specifically list the taxpayer’s allowable deductions and 23 credits. In lieu of such return any taxpayer may elect to 24 list permissible deductions and credits as provided by law. 25 It is the intent and purpose of this provision to simplify 26 the procedure of collection of personal income tax, and the 27 director shall have the power in any case when deemed necessary 28 or advisable to require any taxpayer, who has made a return 29 in accordance with the schedule herein provided for in this 30 section , to make an additional return in which all deductions 31 and credits are specifically listed. The department may revise 32 the schedules adopted in connection with such simplified form 33 whenever such revision is necessitated by changes in federal 34 income tax laws, or to maintain the collection of substantially 35 -78- LSB 5940SC (14) 88 lh/ns 78/ 180
S.F. _____ the same amounts from taxpayers as would be received were the 1 specific listing of deductions and credits required. 2 Sec. 224. Section 422.33, subsection 3, Code 2020, is 3 amended to read as follows: 4 3. If any taxpayer believes that the method of allocation 5 and apportionment hereinbefore prescribed in subsections 1A 6 and 2 , as administered by the director and applied to the 7 taxpayer’s business, has operated or will so operate as to 8 subject the taxpayer to taxation on a greater portion of 9 the taxpayer’s net income than is reasonably attributable 10 to business or sources within the state, the taxpayer shall 11 be entitled to file with the director a statement of the 12 taxpayer’s objections and of such alternative method of 13 allocation and apportionment as the taxpayer believes to be 14 proper under the circumstances with such detail and proof and 15 within such time as the director may reasonably prescribe; and 16 if the director shall conclude that the method of allocation 17 and apportionment theretofore employed is in fact inapplicable 18 and inequitable, the director shall redetermine the taxable 19 income by such other method of allocation and apportionment as 20 seems best calculated to assign to the state for taxation the 21 portion of the income reasonably attributable to business and 22 sources within the state, not exceeding, however, the amount 23 which would be arrived at by application of the statutory rules 24 for apportionment. 25 Sec. 225. Section 422.38, Code 2020, is amended to read as 26 follows: 27 422.38 Statutes governing corporations. 28 All the provisions of sections 422.15 to through 422.22 of 29 division II, insofar as the same are applicable, shall apply to 30 corporations taxable under this division . 31 Sec. 226. Section 422.39, Code 2020, is amended to read as 32 follows: 33 422.39 Statutes applicable to corporation tax. 34 All the provisions of sections 422.24 to through 422.27 of 35 -79- LSB 5940SC (14) 88 lh/ns 79/ 180
S.F. _____ division II, respecting payment and collection, shall apply in 1 respect to the tax due and payable by a corporation taxable 2 under this division . 3 Sec. 227. Section 423.3, subsection 29, Code 2020, is 4 amended by striking the subsection. 5 Sec. 228. Section 423.3, subsection 47A, Code 2020, is 6 amended to read as follows: 7 47A. The sales price from the sale or rental of central 8 office equipment or transmission equipment primarily used 9 by local exchange carriers and competitive local exchange 10 service providers as defined in section 476.96 , Code 2017 ; 11 by franchised cable television operators, mutual companies, 12 municipal utilities, cooperatives, and companies furnishing 13 communications services that are not subject to rate regulation 14 as provided in chapter 476 ; by long distance companies as 15 defined in section 477.10 ; or for a commercial mobile radio 16 service as defined in 47 C.F.R. §20.3 in the furnishing of 17 telecommunications services on a commercial basis. For the 18 purposes of this subsection , “central office equipment” means 19 equipment utilized in the initiating, processing, amplifying, 20 switching, or monitoring of telecommunications services. 21 “Transmission equipment” means equipment utilized in the process 22 of sending information from one location to another location. 23 “Central office equipment” and “transmission equipment” also 24 include ancillary equipment and apparatus which support, 25 regulate, control, repair, test, or enable such equipment to 26 accomplish its function. 27 Sec. 229. Section 423F.3, subsection 6, Code 2020, is 28 amended to read as follows: 29 6. a. (1) For purposes of this chapter , “school 30 infrastructure” means those activities authorized in section 31 423E.1, subsection 3, Code 2007 . 32 b. (2) Additionally, “school infrastructure” includes 33 the payment or retirement of outstanding bonds previously 34 issued for school infrastructure purposes as defined in this 35 -80- LSB 5940SC (14) 88 lh/ns 80/ 180
S.F. _____ subsection , and the payment or retirement of bonds issued under 1 sections 423E.5 and 423F.4 . 2 c. (3) Additionally, “school infrastructure” includes 3 the acquisition or installation of information technology 4 infrastructure. For purposes of this paragraph subparagraph , 5 “information technology infrastructure” means the basic, 6 underlying physical framework or system necessary to deliver 7 technology connectivity to a school district and to network 8 school buildings within a school district. 9 d. (4) Additionally, “school infrastructure” includes 10 school safety and security infrastructure. For purposes 11 of this paragraph subparagraph , “school safety and security 12 infrastructure” includes but is not limited to safe rooms, 13 remote entry technology and equipment, security camera systems, 14 card access systems, and communication systems with access 15 to fire and police emergency frequencies. For purposes of 16 this paragraph subparagraph , “school safety and security 17 infrastructure” does not include the cost of personnel, 18 development of safety and security plans, or training related 19 to the implementation of safety and security plans. 20 b. It is the intent of the general assembly that each school 21 district prioritize the use of revenues under this chapter for 22 secure entries for the district’s attendance centers before 23 expending such revenues for athletic facility infrastructure 24 projects. 25 e. c. A school district that uses secure an advanced vision 26 for education fund moneys for school infrastructure shall 27 comply with the state building code in the absence of a local 28 building code. 29 Sec. 230. Section 425.8, subsection 1, Code 2020, is amended 30 to read as follows: 31 1. The director of revenue shall prescribe the form 32 for the making of a verified statement and designation of 33 homestead, the form for the supporting affidavits required 34 herein, and such other forms as may be necessary for the proper 35 -81- LSB 5940SC (14) 88 lh/ns 81/ 180
S.F. _____ administration of this chapter . Whenever necessary, the 1 department of revenue shall forward to the county auditors of 2 the several counties in the state the prescribed sample forms, 3 and the county auditors shall furnish blank forms prepared in 4 accordance therewith with the assessment rolls, books, and 5 supplies delivered to the assessors. The department of revenue 6 shall prescribe and the county auditors shall provide on the 7 forms for claiming the homestead credit a statement to the 8 effect that the owner realizes that the owner must give written 9 notice to the assessor when the owner changes the use of the 10 property. 11 Sec. 231. Section 425.16, Code 2020, is amended to read as 12 follows: 13 425.16 Additional tax credit. 14 In addition to the homestead tax credit allowed under 15 section 425.1, subsections 1 to through 4 , persons who own or 16 rent their homesteads and who meet the qualifications provided 17 in this subchapter are eligible for an extraordinary property 18 tax credit or reimbursement. 19 Sec. 232. Section 434.10, Code 2020, is amended to read as 20 follows: 21 434.10 Reports additional. 22 The reports provided for in sections 434.7 to through 434.9 23 are not in lieu of, but in addition to, the reports provided 24 for by law, and they shall be made at the time and as a part of 25 the reports already required. 26 Sec. 233. Section 434.12, Code 2020, is amended to read as 27 follows: 28 434.12 Refusal to obey. 29 If any railway company shall fail or refuse to obey or 30 conform to the rules, regulations, method, and requirements 31 so made or prescribed by the director of revenue under the 32 provisions of sections 434.7 to through 434.11 or to make 33 the reports therein provided, the department of revenue 34 shall proceed to assess the property of such railway company 35 -82- LSB 5940SC (14) 88 lh/ns 82/ 180
S.F. _____ so failing or refusing, according to the best information 1 obtainable, and shall then add to the taxable valuation of such 2 railway company twenty-five percent thereof, which valuation 3 and penalty shall be separately shown, and together shall 4 constitute the assessment for that year. 5 Sec. 234. Section 434.18, Code 2020, is amended to read as 6 follows: 7 434.18 Plats. 8 Every railroad company owning or operating a line of 9 railroad within this state shall, on or before the first day of 10 August 1902, place on file in the office of the county auditor 11 of each county in the state into which any part of the lines of 12 any said company lies, a plat of the lines of said companies 13 within said county, showing the length of their said lines and 14 the area of the land owned or occupied by said companies in 15 each government subdivision of land not included within the 16 platted portion of any city, within each of said counties, and 17 the length of the said lines within the platted portion of 18 cities. Companies having on file such plats of part or all of 19 their lines, in any of said counties, shall be required to file 20 plats only of that part of their lines not fully shown as above 21 required on the plats now on file. On the first day of January 22 of each year hereafter , like plats shall be filed of all new 23 lines or extensions of existing lines built or completed within 24 the calendar year preceding. 25 Sec. 235. Section 437A.3, subsection 3, Code 2020, is 26 amended to read as follows: 27 3. “Centrally assessed property tax” means property tax 28 imposed with respect to the value of property determined by the 29 director pursuant to section 427.1, subsection 2, Code 1997 , 30 section 428.29, Code 1997 , and chapters chapter 437 , Code 1997, 31 and chapter 438, Code 1997 , and allocated to electric service 32 and natural gas service. For purposes of this subsection , 33 “natural gas service” means such service provided by natural gas 34 pipelines permitted pursuant to chapter 479 . 35 -83- LSB 5940SC (14) 88 lh/ns 83/ 180
S.F. _____ Sec. 236. Section 452A.66, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. All the provisions of section 422.26 shall apply in 3 respect to the taxes, penalties, interest, and costs imposed 4 by this chapter excepting that as applied to any tax imposed 5 by this chapter , the lien provided in section 422.26 shall be 6 prior and paramount over all subsequent liens upon any personal 7 property within this state, or right to such personal property, 8 belonging to the taxpayer without the necessity of recording 9 as therein provided in section 422.26 . The requirements for 10 recording shall, as applied to the tax imposed by this chapter , 11 apply only to the liens upon real property. When requested to 12 do so by any person from whom a taxpayer is seeking credit, 13 or with whom the taxpayer is negotiating the sale of any 14 personal property, or by any other person having a legitimate 15 interest in such information, the director shall, upon being 16 satisfied that such a situation exists, inform such person as 17 to the amount of unpaid taxes due by such taxpayer under the 18 provisions of this chapter . The giving of such information 19 under such circumstances shall not be deemed a violation of 20 section 452A.63 as applied to this chapter . 21 Sec. 237. Section 453A.20, Code 2020, is amended to read as 22 follows: 23 453A.20 Subpoena for witnesses and papers. 24 For the purpose of enforcing the provisions of this chapter 25 and of detecting violations thereof, the director shall have 26 the power to administer oaths and to require by subpoena the 27 attendance and testimony of witnesses and the production of 28 all relevant books, papers, and records. Such attendance and 29 production may be required at the statehouse at Des Moines, 30 or at any place convenient for such investigation. In case 31 any person fails or refuses to obey a subpoena so issued, the 32 director may procure an order from the district court in the 33 county where such person resides, or where such person is 34 found, requiring such person to appear for examination and/or 35 -84- LSB 5940SC (14) 88 lh/ns 84/ 180
S.F. _____ or to produce such books, papers, and records as are required 1 in the subpoena. Failure to obey such order shall be punished 2 by such court as contempt thereof. 3 Sec. 238. Section 453A.33, Code 2020, is amended to read as 4 follows: 5 453A.33 Seizure not to affect criminal prosecution. 6 The seizure, forfeiture, and sale of cigarettes, tobacco 7 products, and other property under the terms and conditions 8 hereinabove set out in section 453A.32 , shall not constitute 9 any defense to the person owning or having control or 10 possession of the property from criminal prosecution for any 11 act or omission made or offense committed under this chapter or 12 from liability to pay penalties provided by this chapter . 13 Sec. 239. Section 453A.44, subsection 6, Code 2020, is 14 amended to read as follows: 15 6. A distributor or subjobber applying for a license between 16 January 1 and June 30 of any year shall be required to pay 17 only one-half of the license fee provided for herein in this 18 section . 19 Sec. 240. Section 455B.137, Code 2020, is amended to read 20 as follows: 21 455B.137 Privileged information. 22 Information received by the department or any employees 23 of the department through filed reports, inspections, or as 24 otherwise authorized in this division II or chapter 459, 25 subchapter II , concerning trade secrets, secret industrial 26 processes, or other privileged communications, except 27 emission data, shall not be disclosed or opened to public 28 inspection, except as may be necessary in a proceeding 29 concerning a violation of said division or of any rules 30 promulgated thereunder, or as otherwise authorized or ordered 31 by appropriate court action or proceedings. Nothing herein 32 in this section shall be construed to prevent the director 33 from compiling or publishing analyses or summaries relating to 34 the general condition of the atmosphere; provided that such 35 -85- LSB 5940SC (14) 88 lh/ns 85/ 180
S.F. _____ analyses or summaries do not reveal any information otherwise 1 confidential under this section . 2 Sec. 241. Section 455B.340, Code 2020, is amended to read 3 as follows: 4 455B.340 Penalty. 5 Any person who violates any provisions of this part 2 of 6 division IV or rules adopted under this part 2 , or any order of 7 the department or director issued pursuant to said this part 2 , 8 shall be guilty of a serious misdemeanor and, in addition, the 9 person may be enjoined from continuing such violation. Each 10 day of continued violation after notice that a violation is 11 being committed shall constitute a separate violation. 12 Sec. 242. Section 455B.476, subsection 1, Code 2020, is 13 amended to read as follows: 14 1. If there is substantial evidence that a person has 15 violated or is violating a provision of this part or a rule 16 adopted under this part , the director may issue an order 17 directing the person to desist in the practice which that 18 constitutes the violation , and to take corrective action as 19 necessary to ensure that the violation will cease, and may 20 impose appropriate administrative penalties pursuant to section 21 455B.109 . The person to whom the order is issued may appeal 22 the order to the commission as provided in chapter 17A . On 23 appeal, the commission may affirm, modify, or vacate the order 24 of the director. The applicable time frames for the issuance 25 and appeal of the order are defined in section 455B.110 . 26 Sec. 243. Section 455D.23, Code 2020, is amended to read as 27 follows: 28 455D.23 Administrative enforcement —— compliance orders. 29 The director may issue any order necessary to secure 30 compliance with or prevent a violation of the provisions of 31 this chapter or any rule adopted or permit or order issued 32 pursuant to this chapter . Any order issued to enforce section 33 455D.4A may include a requirement to remove and properly 34 dispose of materials being accumulated speculatively from a 35 -86- LSB 5940SC (14) 88 lh/ns 86/ 180
S.F. _____ property and impose costs and penalties as determined by the 1 department by rule. The person to whom such a compliance 2 order is issued under this section may cause to be commenced a 3 contested case within the meaning of chapter 17A by filing a 4 notice of appeal to the commission. On appeal, the commission 5 may affirm, modify, or vacate the order of the director. The 6 applicable time frames for the issuance and appeal of the order 7 are defined in section 455B.110 . 8 Sec. 244. Section 455E.11, subsection 2, paragraph b, 9 subparagraph (2), Code 2020, is amended by striking the 10 subparagraph. 11 Sec. 245. Section 456.5, Code 2020, is amended to read as 12 follows: 13 456.5 Authority to enter lands. 14 For the purpose of carrying on the aforesaid investigations , 15 the state geologist and the state geologist’s assistants and 16 employees shall have authority to enter and cross all lands 17 within the state; provided that in so doing no damage is done 18 to private property. 19 Sec. 246. Section 458A.11, subsection 4, Code 2020, is 20 amended to read as follows: 21 4. Any notice required by this chapter shall be given at 22 the election of the department either by personal service or by 23 letter to the last recorded address and one publication in a 24 newspaper of general circulation in the state capital city and 25 in a newspaper of general circulation in the county where the 26 land affected or some part of the land is situated. The notice 27 shall issue in the name of the state, shall be signed by the 28 director, shall specify the style and number of the proceeding , 29 and the time and place of the hearing, and shall briefly state 30 the purpose of the proceeding. Should the department elect to 31 give notice by personal service, the service may be made by any 32 officer authorized to serve process, or by any agent of the 33 department, in the same manner as is provided by law for the 34 service of original notices in civil actions in the district 35 -87- LSB 5940SC (14) 88 lh/ns 87/ 180
S.F. _____ court of the state. Proof of the service by such agent shall be 1 by the affidavit of the person making personal service. 2 Sec. 247. Section 461A.31, Code 2020, is amended to read as 3 follows: 4 461A.31 Sale of islands. 5 No islands Islands in any of the meandered streams and lakes 6 of this state or in any of the waters bordering upon this state 7 shall hereafter not be sold, except with the majority vote of 8 the executive council upon the majority recommendation of the 9 commission , and in . In the event that any of such islands are 10 sold as herein provided in this section, the proceeds thereof 11 of the sale shall become a part of the funds to be expended 12 under the terms and provisions of this chapter . 13 Sec. 248. Section 461A.77, Code 2020, is amended to read as 14 follows: 15 461A.77 Prohibited near borders of state. 16 In order to reduce the possibility of affecting conservation 17 measures to flood control projects which may be in progress in 18 other states, water recreational areas shall not be established 19 hereunder under this subchapter within seventy miles of the 20 border of any other state. 21 Sec. 249. Section 462A.27, Code 2020, is amended to read as 22 follows: 23 462A.27 Removal of nonpermanent structures. 24 Every structure, not considered a permanent structure by the 25 commission or excepted by the rules of the commission, shall 26 be removed from the waters, ice, or land of this state under 27 the jurisdiction of the commission on or before December 15 of 28 each year. Failure to comply with this section shall cause 29 the structure to be declared a public nuisance and disposition 30 shall be in accordance with sections 483A.32 to through 31 483A.34 . 32 Sec. 250. Section 466B.2, subsection 2, Code 2020, is 33 amended by striking the subsection. 34 Sec. 251. Section 468.20, Code 2020, is amended to read as 35 -88- LSB 5940SC (14) 88 lh/ns 88/ 180
S.F. _____ follows: 1 468.20 Adjournment for service —— jurisdiction retained. 2 If at the date set for hearing, it shall appear appears that 3 any person entitled to notice has not been properly served with 4 notice, the board may postpone said the hearing and set another 5 time for the same not less than thirty days from said the 6 original hearing date , and notice . Notice of such hearing as 7 hereinbefore provided shall be served on such omitted parties 8 in the manner provided in sections 468.15 through 468.18 . By 9 fixing such a new date for hearing and the adjournment of said 10 adjourning the proceeding to said the new date, the board 11 shall not lose jurisdiction of the subject matter of said the 12 proceeding nor of any parties already served with notice. 13 Sec. 252. Section 468.22, Code 2020, is amended to read as 14 follows: 15 468.22 Establishment —— further investigation. 16 1. a. If the board shall find that such petition complies 17 with the requirements of law in form and substance, and that 18 such improvement would be conducive to the public health, 19 convenience, welfare, benefit, or utility, and that the cost 20 thereof is not excessive, and no claim shall have been filed 21 for damages, it the board may locate and establish the said 22 district in accordance with the recommendation of the engineer 23 and the report and plans on file ; or it . 24 b. The board may refuse to establish the proposed district 25 if it deem best, or it may direct the engineer or another 26 one employed for that purpose to make further examinations, 27 surveys, plats, profiles, and reports for the modification 28 of said plans, or for new plans in accordance with sections 29 468.11 and 468.12 , and continue further hearing to a fixed 30 date. All parties over whom the board then has jurisdiction 31 shall take notice of such further hearing; but any new parties 32 rendered necessary by any modification or change of plans shall 33 be served with notice in the same manner as for the original 34 establishment of a district. 35 -89- LSB 5940SC (14) 88 lh/ns 89/ 180
S.F. _____ 2. The county auditor shall appoint three appraisers as 1 provided for in section 468.24 to assess the value of the 2 right-of-way required for open ditches or other improvements. 3 Sec. 253. Section 468.75, Code 2020, is amended to read as 4 follows: 5 468.75 Form. 6 Each of such bonds shall be numbered and have printed upon 7 its face that it is a “Drainage Bond”, stating the county and 8 number of the district for which it is issued, the date and 9 maturity thereof, that it is in pursuance of a resolution 10 of the board of supervisors, and that it is to be paid only 11 from taxes for levee and drainage improvement purposes levied 12 and collected on the lands assessed for benefits within the 13 district for which the bond is issued. 14 Sec. 254. Section 468.184, subsection 10, Code 2020, is 15 amended to read as follows: 16 10. a. All proceedings taken prior to July 1, 1968, 17 purporting to establish or reestablish a drainage or levee 18 district or districts, or to enlarge or change the boundaries 19 of any drainage or levee district, and any assessments not 20 heretofore declared invalid by any court, are hereby legalized, 21 validated, and confirmed. 22 b. The foregoing Paragraph “a” shall not be construed to 23 affect any litigation that may be pending at the time this 24 section becomes effective on July 1, 1968, involving the 25 establishment, reestablishment, enlargement, or change in 26 boundaries or any assessments of drainage or levee districts. 27 Sec. 255. Section 468.293, Code 2020, is amended to read as 28 follows: 29 468.293 Failure of board to act. 30 When the establishment of a district, extending into two or 31 more counties, is petitioned for as hereinbefore provided in 32 this part and one or more of such boards fails to take action 33 thereon, the petitioners may cause notice in writing to be 34 served upon the chairperson of each board demanding that action 35 -90- LSB 5940SC (14) 88 lh/ns 90/ 180
S.F. _____ be taken upon the petition within twenty days from and after 1 the service of such notice. 2 Sec. 256. Section 468.396, Code 2020, is amended to read as 3 follows: 4 468.396 Cost of maintaining. 5 The board of supervisors shall have the right and power to 6 keep and maintain any such levee, ditches, drains, or system 7 of drainage, either in whole or in part, established under 8 sections 468.390 through 468.395 , as may in their judgment be 9 required, and to levy the expense thereof upon the real estate 10 within such drainage district as herein provided for in this 11 part , and collect and expend the same; provided, however, that 12 no such work which shall impose a tax exceeding three dollars 13 and thirty-seven and one-half cents per thousand dollars on 14 the assessable value of the lands and improvements within the 15 district shall be authorized by them the board , unless the same 16 work is first petitioned for and authorized in substantially 17 the manner required by this part for the inauguration of new 18 work except that . However, if such work is of the kinds 19 contemplated by section 468.126 , and the cost thereof is within 20 the limitations of said section 468.126 , or is of the kinds 21 contemplated by section 468.188 , and the cost thereof is within 22 the limitations of said section 468.188 , then the provisions 23 of section 468.126 or section 468.188 shall supersede the 24 limitations of this section . 25 Sec. 257. Section 468.557, Code 2020, is amended to read as 26 follows: 27 468.557 Effect of extension. 28 The extension of the time of payment of any unpaid 29 assessments or installment or installments thereof, in the 30 manner aforesaid provided in section 468.556, shall in no way 31 impair the lien of said assessments as originally levied or 32 the priority thereof, nor the right, duty, and power of the 33 officers authorized by law to levy, collect, and apply the 34 proceeds thereof to the payment of said drainage refunding 35 -91- LSB 5940SC (14) 88 lh/ns 91/ 180
S.F. _____ bonds. 1 Sec. 258. Section 468.626, Code 2020, is amended to read as 2 follows: 3 468.626 Original plat filed. 4 In lieu of making the record as herein provided in section 5 468.623, any landowner may file with the county recorder the 6 original plat used in the establishment of the drainage system, 7 or a copy of the plat, which shall be certified by the engineer 8 having made the same. If practicable, a plat filed under this 9 section shall be made a matter of record and shall contain the 10 applicable entries specified in sections 558.49 and 558.52 . 11 Sec. 259. Section 468.627, Code 2020, is amended to read as 12 follows: 13 468.627 Record not part of title. 14 The drainage records herein provided for in this subchapter 15 shall not be construed as an essential part of the title to 16 said lands, but may upon request be set out by abstracters as 17 part of the record title of said lands. 18 Sec. 260. Section 473.1, subsection 3, Code 2020, is amended 19 by striking the subsection. 20 Sec. 261. Section 474.2, Code 2020, is amended to read as 21 follows: 22 474.2 Certain persons barred from office. 23 No A person in the employ of who is employed by any common 24 carrier or other public utility , or owning who owns any bonds, 25 stock, or property in any public utility shall not be eligible 26 to hold the office of utilities board member or chief operating 27 officer of the utilities board. The entering A member or chief 28 operating officer who enters into the employ of employment with 29 any common carrier or other public utility or the acquiring of 30 who acquires any stock or other interest in any common carrier 31 or other public utility by such member or chief operating 32 officer after appointment shall disqualify the as a member or 33 chief operating officer to hold shall be disqualified from 34 holding or perform performing the duties of the office. 35 -92- LSB 5940SC (14) 88 lh/ns 92/ 180
S.F. _____ Sec. 262. Section 476.2, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. The board shall have broad general powers to effect the 3 purposes of this chapter notwithstanding the fact that certain 4 specific powers are hereinafter set forth in this section . The 5 board shall have authority to issue subpoenas and to pay the 6 same fees and mileage as are payable to witnesses in the courts 7 of record of general jurisdiction and shall establish all 8 needful, just and reasonable rules, not inconsistent with law, 9 to govern the exercise of its powers and duties, the practice 10 and procedure before it, and to govern the form, contents and 11 filing of reports, documents and other papers provided for in 12 this chapter or in the board’s rules. In the establishment, 13 amendment, alteration or repeal of any of such rules, the board 14 shall be subject to the provisions of chapter 17A . 15 Sec. 263. Section 476.4, subsection 3, Code 2020, is amended 16 to read as follows: 17 3. Every rate, charge, rule, and regulation contained in 18 any filing made with the commission on or prior to July 4, 19 1963, shall be effective as of such date, subject, however, 20 to investigation as herein provided in this chapter . If any 21 such filing is made prior to the time the commission prescribes 22 rules as aforesaid, and if such filing does not comply as to 23 form or substance with such rules, then the public utility 24 which filed the same shall within a reasonable time after the 25 adoption of such rules make a new filing or filings complying 26 with such rules, which new filing or filings shall be deemed 27 effective as of July 4, 1963. 28 Sec. 264. Section 476.6, subsection 2, Code 2020, is amended 29 to read as follows: 30 2. Written notice of increase. All public utilities, 31 except those exempted from rate regulation by section 476.1 32 and telecommunications service providers registered pursuant 33 to section 476.95A , shall give written notice of a proposed 34 increase of any rate or charge to all affected customers served 35 -93- LSB 5940SC (14) 88 lh/ns 93/ 180
S.F. _____ by the public utility no more than sixty-two days prior to 1 and prior to the time the application for the increase is 2 filed with the board. Public utilities exempted from rate 3 regulation by section 476.1 , except telecommunications service 4 providers registered pursuant to section 476.95A , shall give 5 written notice of a proposed increase of any rate or charge to 6 all affected customers served by the public utility at least 7 thirty days prior to the effective date of the increase. If 8 the public utility is subject to rate regulation, the notice 9 to affected customers shall also state that the customer has 10 a right to file a written objection to the rate increase and 11 that the affected customers may request the board to hold a 12 public hearing to determine if the rate increase should be 13 allowed. The board shall prescribe the manner and method that 14 the written notice to each affected customer of the public 15 utility shall be served. 16 Sec. 265. Section 476.55, subsection 2, paragraph a, 17 unnumbered paragraph 1, Code 2020, is amended to read as 18 follows: 19 Notwithstanding section 476.1D , the board may receive 20 a complaint from a local exchange carrier that another 21 local exchange carrier has engaged in an activity that is 22 inconsistent with antitrust laws and the policies which 23 underlie them. For purposes of this subsection , “local exchange 24 carrier” means the same as defined in section 476.96 , Code 2017, 25 and includes a city utility authorized pursuant to section 26 388.2 to provide local exchange services. If, after notice and 27 opportunity for hearing, the board finds that a local exchange 28 carrier has engaged in an activity that is inconsistent with 29 antitrust laws and the policies which underlie them, the board 30 may order any of the following: 31 Sec. 266. Section 489.701A, subsection 2, paragraph b, Code 32 2020, is amended to read as follows: 33 b. If the limited liability company has delivered to the 34 secretary of state for filing a statement of dissolution and 35 -94- LSB 5940SC (14) 88 lh/ns 94/ 180
S.F. _____ any of the following applies: 1 (1) The If the statement has not become effective, delivery 2 to the secretary of state for filing of a statement of 3 withdrawal under section 489.205 applicable to the statement 4 of dissolution. 5 (2) If the statement of dissolution has become effective, 6 delivery to the secretary of state for filing of a statement of 7 rescission stating the name of the company and that dissolution 8 has been rescinded under this section . 9 Sec. 267. Section 489.701A, subsection 3, Code 2020, is 10 amended to read as follows: 11 3. If a limited liability company rescinds its dissolution 12 all of the following apply: 13 a. The company resumes shall resume carrying on its 14 activities and affairs as if the dissolution had never 15 occurred. 16 b. Subject to paragraph “c” , any liability incurred by the 17 company after the dissolution and before the rescission has 18 become effective is shall be determined as if dissolution had 19 never occurred. 20 c. The rights of a third party arising out of conduct in 21 reliance on the dissolution before the third party knew or had 22 notice of the rescission may must not be adversely affected. 23 Sec. 268. Section 489.1105, subsection 2, Code 2020, is 24 amended by adding the following new paragraph: 25 NEW PARAGRAPH . c. For purposes of this section, marital 26 and family therapy, mental health counseling, psychology, and 27 social work shall be deemed to be professions which could 28 lawfully be practiced in combination by licensed individuals or 29 a partnership of licensed individuals. 30 Sec. 269. Section 505B.1, subsection 1, paragraph a, 31 unnumbered paragraph 1, Code 2020, is amended to read as 32 follows: 33 “Delivered or deliver or delivery by electronic means” 34 “Delivered by electronic means” , “deliver by electronic means” , 35 -95- LSB 5940SC (14) 88 lh/ns 95/ 180
S.F. _____ or “delivery by electronic means” means any of the following: 1 Sec. 270. Section 507B.7, subsection 2, Code 2020, is 2 amended to read as follows: 3 2. Until the expiration of the time allowed under section 4 507B.8 for filing a petition for review if no such petition has 5 been duly filed within such time, or, if a petition for review 6 has been filed within such time, then until the transcript of 7 the record in the proceeding has been filed in the district 8 court, as hereinafter provided, the commissioner may at any 9 time, upon such notice and in such manner as the commissioner 10 may deem proper, modify or set aside in whole or in part any 11 order issued by the commissioner under this section . 12 Sec. 271. Section 507B.12, subsection 2, Code 2020, is 13 amended to read as follows: 14 2. The powers vested in the commissioner by this chapter 15 shall be additional to any other powers to enforce any 16 penalties, fines, or forfeitures authorized by law with respect 17 to the methods, acts, and practices hereby declared to be 18 unfair or deceptive. 19 Sec. 272. Section 508.14, subsection 1, Code 2020, is 20 amended to read as follows: 21 1. Upon a failure of a company organized under the laws 22 of this state to make the deposit provided in section 511.8, 23 subsection 16 , or file the statement in the time herein stated 24 in section 508.11 , or to file in a timely manner any financial 25 statement required by rule of the commissioner of insurance, 26 the commissioner of insurance shall notify the attorney 27 general of the default, who shall at once apply to the district 28 court of the county where the home office of the company is 29 located for an order requiring the company to show cause, upon 30 reasonable notice to be fixed by the court, why its business 31 shall not be discontinued. If, upon the hearing, sufficient 32 cause is not shown, the court shall decree its dissolution. 33 Sec. 273. Section 508.32, subsection 1, Code 2020, is 34 amended to read as follows: 35 -96- LSB 5940SC (14) 88 lh/ns 96/ 180
S.F. _____ 1. Any life insurance company organized under the 1 provisions of this chapter and doing business in this state, 2 shall have the power to hold in trust the premiums or 3 consideration paid for, or the proceeds of any life insurance 4 policy or annuity contract, either individual or group, issued 5 by it, upon such terms and subject to such limitations as 6 to revocation or control by the policyholder or beneficiary 7 thereunder, as shall have been agreed to in writing by 8 such company and the policyholder; provided that the trust 9 provisions herein contemplated in this section shall in no 10 manner subject said the corporation to any of the provisions 11 of the laws of Iowa relating to banks or trust companies; and 12 provided further, that the trust or trusts for premiums or 13 considerations may be invested by such company in the manner 14 specified in the trust instruments or agreements and held in 15 a separate or segregated account; and provided further, that 16 the forms of such trust agreements for beneficiaries shall 17 be first submitted to and approved by the commissioner of 18 insurance. The word trust shall include, but not be limited 19 to settlement options and contracts issued pursuant to policies 20 or contracts, and funds held in a separate or segregated 21 account in connection with pension or profit-sharing plans 22 pursuant to agreements with the policyholders. 23 Sec. 274. Section 508C.3, subsection 4, paragraph k, 24 subparagraph (5), Code 2020, is amended to read as follows: 25 (5) A claim for penalties, consequential damages , or 26 incidental damages. 27 Sec. 275. Section 508C.8, subsection 1, paragraph a, Code 28 2020, is amended to read as follows: 29 a. Guarantee, assume, reissue, reinsure, or cause to be 30 guaranteed, assumed, reissued, or reinsured, any or all of the 31 covered policies or contracts of the impaired insurer. 32 Sec. 276. Section 508C.13, subsection 3, Code 2020, is 33 amended to read as follows: 34 3. For the purpose of carrying out its obligations under 35 -97- LSB 5940SC (14) 88 lh/ns 97/ 180
S.F. _____ this chapter , the association shall be deemed to be a creditor 1 of the impaired or insolvent insurer to the extent of assets 2 attributable to covered policies or contracts reduced by any 3 amounts to which the association is entitled pursuant to its 4 subrogation rights under section 508C.8, subsection 7 . Assets 5 of the impaired or insolvent insurer attributable to covered 6 policies or contracts shall be used to continue all covered 7 policies or contracts and pay all contractual obligations of 8 the impaired or insolvent insurer as required by this chapter . 9 As used in this subsection , “assets attributable to covered 10 policies or contracts” means that proportion of the assets which 11 the reserves that should have been established for the policies 12 or contracts bear to the reserves that should have been 13 established for all policies of insurance or health benefit 14 plans written by the impaired or insolvent insurer. 15 Sec. 277. Section 509A.9, Code 2020, is amended to read as 16 follows: 17 509A.9 Exemption from debts. 18 All amounts payable to employees under and pursuant to the 19 plan of group insurance established as herein provided in this 20 chapter shall be exempt from liability for debts of the person 21 to or on account of whom the same is payable and shall not be 22 subject to seizure upon execution or other process. 23 Sec. 278. Section 509A.10, Code 2020, is amended to read as 24 follows: 25 509A.10 Decisions of governing body final. 26 The decisions of the governing body upon all matters upon 27 which the said governing body is empowered to act, under and 28 pursuant to the provisions hereof of this chapter , shall be 29 final and conclusive, in the absence of fraud, and no appeal 30 shall be allowed therefrom nor shall such decisions of the 31 governing body, in the absence of fraud, be reviewed, enjoined 32 or set aside by any court. 33 Sec. 279. Section 510C.1, subsections 1, 2, 8, and 9, Code 34 2020, are amended to read as follows: 35 -98- LSB 5940SC (14) 88 lh/ns 98/ 180
S.F. _____ 1. “Administrative fees” means a fee or payment, other than 1 a rebate, under a contract between a pharmacy benefit benefits 2 manager and a pharmaceutical drug manufacturer in connection 3 with the pharmacy benefit benefits manager’s management of a 4 health carrier’s prescription drug benefit, that is paid by a 5 pharmaceutical drug manufacturer to a pharmacy benefit benefits 6 manager or is retained by the pharmacy benefit benefits 7 manager. 8 2. “Aggregate retained rebate percentage” means the 9 percentage of all rebates received by a pharmacy benefit 10 benefits manager that is not passed on to the pharmacy benefit 11 benefits manager’s health carrier clients. 12 8. “Health carrier administrative service fee” means a fee or 13 payment under a contract between a pharmacy benefit benefits 14 manager and a health carrier in connection with the pharmacy 15 benefit benefits manager’s administration of the health 16 carrier’s prescription drug benefit that is paid by a health 17 carrier to a pharmacy benefit benefits manager or is otherwise 18 retained by a pharmacy benefit benefits manager. 19 9. “Pharmacy benefit benefits manager” means a person who, 20 pursuant to a contract or other relationship with a health 21 carrier, either directly or through an intermediary, manages a 22 prescription drug benefit provided by the health carrier. 23 Sec. 280. Section 510C.1, subsection 11, unnumbered 24 paragraph 1, Code 2020, is amended to read as follows: 25 “Rebate” means all discounts and other negotiated price 26 concessions paid directly or indirectly by a pharmaceutical 27 manufacturer or other entity, other than a covered person, 28 in the prescription drug supply chain to a pharmacy benefit 29 benefits manager, and which may be based on any of the 30 following: 31 Sec. 281. Section 510C.1, subsection 11, paragraph c, Code 32 2020, is amended to read as follows: 33 c. To maintain a net price for a prescription drug for a 34 specified period of time for the pharmacy benefit benefits 35 -99- LSB 5940SC (14) 88 lh/ns 99/ 180
S.F. _____ manager in the event the pharmaceutical manufacturer’s list 1 price increases. 2 Sec. 282. Section 510C.2, subsection 1, Code 2020, is 3 amended to read as follows: 4 1. Each pharmacy benefit benefits manager shall provide 5 a report annually by February 15 to the commissioner 6 that contains all of the following information regarding 7 prescription drug benefits provided to covered persons of each 8 health carrier with whom the pharmacy benefits manager has 9 contracted during the prior calendar year: 10 a. The aggregate dollar amount of all rebates received by 11 the pharmacy benefit benefits manager. 12 b. The aggregate dollar amount of all administrative fees 13 received by the pharmacy benefit benefits manager. 14 c. The aggregate dollar amount of all health carrier 15 administrative service fees received by the pharmacy benefit 16 benefits manager. 17 d. The aggregate dollar amount of all rebates received by 18 the pharmacy benefit benefits manager that the pharmacy benefit 19 benefits manager did not pass through to the health carrier. 20 e. The aggregate amount of all administrative fees received 21 by the pharmacy benefit benefits manager that the pharmacy 22 benefit benefits manager did not pass through to the health 23 carrier. 24 f. The aggregate retained rebate percentage as calculated by 25 dividing the dollar amount in paragraph “d” by the dollar amount 26 in paragraph “a” . 27 g. Across all health carrier clients with whom the pharmacy 28 benefits manager was contracted, the highest and the lowest 29 aggregate retained rebate percentages. 30 Sec. 283. Section 510C.2, subsection 2, paragraph a, 31 unnumbered paragraph 1, Code 2020, is amended to read as 32 follows: 33 A pharmacy benefit benefits manager shall provide the 34 information pursuant to subsection 1 to the commissioner in a 35 -100- LSB 5940SC (14) 88 lh/ns 100/ 180
S.F. _____ format approved by the commissioner that does not directly or 1 indirectly disclose any of the following: 2 Sec. 284. Section 510C.2, subsection 2, paragraph b, Code 3 2020, is amended to read as follows: 4 b. Information provided under this section by a pharmacy 5 benefit benefits manager to the commissioner that may reveal 6 the identity of a specific health carrier, the price charged 7 by a specific pharmaceutical manufacturer for a specific 8 prescription drug or class of prescription drugs, or the amount 9 of rebates provided for a specific prescription drug or class 10 of prescription drugs shall be considered a confidential record 11 and be recognized and protected as a trade secret pursuant to 12 section 22.7, subsection 3 . 13 Sec. 285. Section 511.23, Code 2020, is amended to read as 14 follows: 15 511.23 Penalties. 16 Any person, firm, or corporation violating any of the 17 provisions of section 511.22 , or sections 515.8 through 18 515.10 and , or section 515.23 or failing to comply with any of 19 the provisions in those sections, shall be subjected to the 20 penalties provided in sections 507.10 and 507.12 . 21 Sec. 286. Section 515.10, Code 2020, is amended to read as 22 follows: 23 515.10 Subscriptions of stock —— applications. 24 After compliance by the incorporators with sections 515.1 25 and 515.2 , the secretary of state shall certify the articles 26 of incorporation to the commissioner of insurance. When the 27 commissioner of insurance is satisfied that all provisions of 28 law in relation to the promotion and organization of said the 29 corporation, including sections 506.4 to through 506.6 , have 30 been complied with, the commissioner shall issue a certificate 31 to that effect , and thereupon such . The corporation may then 32 open books for subscriptions to the stock of stock companies 33 or , if a mutual company , take applications and receive 34 premiums for insurance at such times and places as it may find 35 -101- LSB 5940SC (14) 88 lh/ns 101/ 180
S.F. _____ convenient , and . The corporation may keep such books open 1 until the full amount required is subscribed or taken, or the 2 time granted therefor has expired, or until an order is issued 3 by the commissioner of insurance to desist for failure to 4 comply with the provisions of law in reference thereto. 5 Sec. 287. Section 515.19, Code 2020, is amended to read as 6 follows: 7 515.19 Advancement of funds. 8 Any director, officer, or member of any such mutual company, 9 or any other person, may advance to such company, any sum or 10 sums of money necessary for the purpose of its business, or 11 to enable it to comply with any of the requirements of the 12 law, and such moneys and such interest thereon as may have 13 been agreed upon, not exceeding the maximum statutory rate 14 of interest, shall not be a liability or claim against the 15 company or any of its assets, except as herein provided in this 16 chapter , and upon approval of the commissioner of insurance 17 may be repaid, but only out of the surplus earnings of such 18 company. No commission or promotion expenses shall be paid in 19 connection with the advance of any such money to the company. 20 The amount of such advance shall be reported in each annual 21 statement. 22 Sec. 288. Section 515.36, Code 2020, is amended to read as 23 follows: 24 515.36 Financial statements —— mutual companies. 25 After complying with the requirements of the preceding 26 sections of this chapter subchapters I through III, and 27 sections 515.23, 515.24, 515.26 through 515.33, and section 28 515.35 of this subchapter , the company shall file with the 29 commissioner of insurance a satisfactory detailed statement 30 showing the financial condition of the company, including 31 all transactions had during its organization, together with 32 a record of all moneys received and disbursed, a list of the 33 stockholders, the amount of stock purchased by each, and the 34 price paid. The incorporators or officers of such mutual 35 -102- LSB 5940SC (14) 88 lh/ns 102/ 180
S.F. _____ company shall file the statement under oath required of stock 1 companies. 2 Sec. 289. Section 515.38, Code 2020, is amended to read as 3 follows: 4 515.38 Examination —— certificate of compliance. 5 Such commissioner may appoint in writing some disinterested 6 person to make an examination and if it shall be found that 7 the capital or assets herein required under this chapter of 8 the company named, according to the nature of the business 9 proposed to be transacted by such company, have been paid in, 10 and are now possessed by it in money or such stock, bonds, 11 and mortgages as are required by the preceding sections of 12 this chapter , the commissioner shall so certify; but if the 13 examination is made by another than the commissioner, the 14 certificate shall be by that person, and under that person’s 15 oath. 16 Sec. 290. Section 515.40, subsection 3, Code 2020, is 17 amended to read as follows: 18 3. Other securities, as the case may be, to the extent and 19 value hereinbefore required under this chapter . 20 Sec. 291. Section 515.111, Code 2020, is amended to read as 21 follows: 22 515.111 Nuclear loss or damage excluded. 23 Insurers issuing the standard policy pursuant to section 24 515.109 are authorized to affix thereto or include therein a 25 written statement that the policy does not cover loss or damage 26 caused by nuclear reaction or nuclear radiation or radioactive 27 contamination, all whether directly or indirectly resulting 28 from an insured peril under said the policy ; provided, however . 29 However , that nothing herein contained in this section shall be 30 construed to prohibit the attachment to any such policy of an 31 endorsement or endorsements specifically assuming coverage for 32 loss or damage caused by nuclear reaction or nuclear radiation 33 or radioactive contamination. 34 Sec. 292. Section 520.5, Code 2020, is amended to read as 35 -103- LSB 5940SC (14) 88 lh/ns 103/ 180
S.F. _____ follows: 1 520.5 Actions —— venue —— commissioner as process agent. 2 Concurrently with the filing of the declaration provided 3 for by the terms of section 520.4 , the attorney shall file 4 with the commissioner of insurance, an instrument in writing 5 executed by the attorney for said the subscribers, conditioned 6 that, upon the issuance of certificate of authority provided 7 for in this chapter , action may be brought in the county in 8 which the property or person insured thereunder is located, 9 and that service of process shall be had upon the commissioner 10 of insurance or upon the attorney in fact in all suits in 11 this state, whether arising out of such policies, contracts, 12 agreements or otherwise , which service . Service shall be 13 valid and binding upon all subscribers exchanging at any time 14 reciprocal or interinsurance contracts through such attorney. 15 All suits of every kind and description brought against such 16 the reciprocal exchange , or the subscribers thereto on account 17 of their connection therewith with the reciprocal exchange , 18 must be brought against the attorney in fact therefor or the 19 exchange as such, and shall not be brought against any of the 20 subscribers thereto individually on account of their connection 21 with or membership in such reciprocal exchange, and must 22 be brought in the manner and method above provided in this 23 section . 24 Sec. 293. Section 520.15, Code 2020, is amended to read as 25 follows: 26 520.15 Refusal or revocation of certificate. 27 In addition to the foregoing penalties provided in sections 28 520.10 and 520.12, and where not otherwise provided, the 29 penalty for failure or refusal to comply with any of the terms 30 and provisions of this chapter , upon the part of the attorney, 31 shall be the refusal, suspension, or revocation of certificate 32 of authority or license by the commissioner of insurance and 33 the public announcement of the commissioner’s act, after due 34 notice and opportunity for hearing has been given such attorney 35 -104- LSB 5940SC (14) 88 lh/ns 104/ 180
S.F. _____ so that the attorney may appear and show cause why such action 1 should not be taken. 2 Sec. 294. Section 521I.5, subsections 2 and 3, Code 2020, 3 are amended to read as follows: 4 2. A dividing insurer shall not amend the dividing insurer’s 5 plan of division after the plan of division becomes effective 6 under section 521I.10, subsection 2 . 7 3. A dividing insurer shall not amend the dividing insurer’s 8 plan of division after the plan of division is approved by the 9 commissioner under section 521I.8 . 10 Sec. 295. Section 521I.6, subsection 2, Code 2020, is 11 amended to read as follows: 12 2. A dividing insurer shall not abandon the dividing 13 insurer’s plan of division after the plan of division becomes 14 effective under section 521I.10, subsection 2 . 15 Sec. 296. Section 521I.7, subsection 2, Code 2020, is 16 amended to read as follows: 17 2. If a provision of a dividing insurer’s articles of 18 incorporation or bylaws adopted before July 1, 2019, requires 19 that a specific number of or a percentage of the board of 20 directors or shareholders propose or adopt a plan of merger 21 or impose other procedures for the proposal or adoption of 22 a plan of merger, the dividing insurer shall adhere to such 23 provision in proposing or adopting a plan of division. If any 24 such provision of the articles of incorporation or bylaws is 25 amended on or after July 1, 2019, such the amended provision 26 shall apply to a division thereafter occurring after adoption 27 of the amendment only in accordance with its the express terms 28 of the provision as amended . 29 Sec. 297. Section 522E.1, subsection 3, Code 2020, is 30 amended to read as follows: 31 3. “Delivered or deliver by electronic means” “Delivered by 32 electronic means” or “deliver by electronic means” means the same 33 as defined in section 505B.1 . 34 Sec. 298. Section 522E.9, subsection 7, Code 2020, is 35 -105- LSB 5940SC (14) 88 lh/ns 105/ 180
S.F. _____ amended to read as follows: 1 7. In order for all portable electronic insurance notices 2 and documents to be delivered by electronic means to the 3 consumer, affirmative consent shall be obtained pursuant to 4 section 505B.1, subsection 5 . 5 Sec. 299. Section 522E.13, subsection 6, Code 2020, is 6 amended to read as follows: 7 6. Whenever notice or correspondence with respect to a 8 policy of portable electronics insurance is required pursuant 9 to this section , it shall be in writing and sent within the 10 notice period required pursuant to this section . Notices 11 and correspondence shall be sent to the licensed portable 12 electronics vendor that is the policyholder at the portable 13 electronics vendor’s mailing or electronic mail address 14 specified for that purpose and to its affected enrolled 15 consumers’ last known mailing or electronic mail addresses on 16 file with the insurer or the portable electronics vendor. All 17 notices and documents that are delivered by electronic means 18 shall comply with section 505B.1 , except for the provisions 19 in section 505B.1, subsection 4 . The insurer or portable 20 electronics vendor shall maintain proof that the notice or 21 correspondence was sent for not less than three years after 22 from the date that the notice or correspondence was sent. 23 Sec. 300. Section 523C.7, subsection 2, paragraph a, Code 24 2020, is amended to read as follows: 25 a. A service contract shall be written in clear, 26 understandable language in at least eight point font type . 27 Sec. 301. Section 523C.9, subsection 3, Code 2020, is 28 amended to read as follows: 29 3. The service company has without just cause refused to 30 perform or negligently or incompetently performed services 31 required to be performed under its service contracts and 32 the refusal, or negligent or incompetent performance has 33 occurred with such frequency, as determined by the commissioner 34 determines , as to indicate the general business practices of 35 -106- LSB 5940SC (14) 88 lh/ns 106/ 180
S.F. _____ the service company. 1 Sec. 302. Section 524.108, Code 2020, is amended to read as 2 follows: 3 524.108 Applicability of safe deposit provisions. 4 The provisions of sections 524.809 to through 524.812 shall 5 apply, to the extent applicable, to any person engaged in this 6 state in the business of leasing safe deposit boxes for the 7 storage of property. 8 Sec. 303. Section 524.1309, unnumbered paragraph 1, Code 9 2020, is amended to read as follows: 10 In lieu of the dissolution procedure prescribed in sections 11 524.1303 to through 524.1306 , a state bank may cease to carry 12 on the business of banking and, after compliance with this 13 section , continue as a corporation subject to chapter 490 ; or 14 if the state bank is organized as a limited liability company 15 under this chapter , continue as a limited liability company 16 subject to chapter 489 . 17 Sec. 304. Section 524.1310, subsection 1, paragraph b, Code 18 2020, is amended to read as follows: 19 b. All amounts due creditors and shareholders described 20 in section 490.1440 shall be deposited with the treasurer of 21 state in accordance with that section. Such amounts shall be 22 retained by the treasurer of state and subject to claim in 23 the manner provided for in section 490.1440 . Amounts due to 24 depositors who are unknown, or who are under a disability and 25 there is no person legally competent to receive the amount, or 26 who cannot be found after the exercise of reasonable diligence, 27 shall be transmitted to the treasurer of state in the manner 28 required by section 524.1305, subsection 6 . Such property 29 shall be treated as abandoned, retained by the treasurer of 30 state, and is subject to claim, in the manner provided for in 31 sections 556.14 to through 556.21 . 32 Sec. 305. Section 524.1602, subsection 3, Code 2020, is 33 amended to read as follows: 34 3. On which it has money loaned, credit extended or holds 35 -107- LSB 5940SC (14) 88 lh/ns 107/ 180
S.F. _____ discounted or purchased evidences of indebtedness or agreements 1 for the payment of money, in violation of sections 524.904 to 2 through 524.907 . 3 Sec. 306. Section 524.1807, Code 2020, is amended to read 4 as follows: 5 524.1807 Penalties. 6 Any bank holding company which willfully violates any 7 provision of sections 524.1801 to through 524.1806 shall, upon 8 conviction, be fined not less than one hundred dollars nor 9 more than one thousand dollars for each day during which the 10 violation continues. Any individual who willfully participates 11 in a violation of any provisions of sections 524.1801 to 12 through 524.1806 shall be guilty of a serious misdemeanor. 13 Sec. 307. Section 533.401, subsection 2, Code 2020, is 14 amended to read as follows: 15 2. Prior to the sending of At least fifteen days before 16 notice of balloting for the membership vote on a merger is sent 17 to the members , a merging credit union shall submit to the 18 superintendent all materials to be included in the notice at 19 least fifteen days before the notice is sent to the members . 20 The superintendent shall review and approve the materials to 21 be included in the notice at least ten days before the notice 22 is sent to the members. The superintendent may direct any 23 materials to be included in the notice of balloting sent to 24 members. 25 Sec. 308. Section 533.508, subsection 1, Code 2020, is 26 amended to read as follows: 27 1. A director, officer, or employee of a state credit union 28 shall not intentionally publish, disseminate, or distribute 29 any advertising or notice containing any false, misleading, or 30 deceptive statements concerning rates, terms, or conditions 31 on which loans are made, or deposits or share installments 32 are received, or concerning any charge which the state credit 33 union is authorized to impose pursuant to this chapter , or 34 concerning the financial condition of the state credit union. 35 -108- LSB 5940SC (14) 88 lh/ns 108/ 180
S.F. _____ Any director, officer, or employee of a state credit union who 1 violates the provisions of this section subsection is guilty of 2 a fraudulent practice. 3 Sec. 309. Section 536.4, subsection 2, Code 2020, is amended 4 to read as follows: 5 2. If the superintendent shall determine from such 6 application and from such investigation that the applicant 7 can have a reasonable expectancy of a successful lending 8 business at the location of the office for which application 9 is made, and that there is a real need and necessity in that 10 community for additional lending facilities to adequately 11 serve the local people, and that said applicant is one who 12 will command the respect of and confidence from the people in 13 that community; that the financial responsibility, experience, 14 character, and general fitness of the applicant, and of 15 the members thereof if the applicant be a partnership or 16 association, and of the officers and directors thereof if 17 the applicant be a corporation, are such as to warrant the 18 belief that the business will be operated lawfully, honestly, 19 fairly, and efficiently within the purposes of this chapter , 20 and if the superintendent shall find that the applicant has 21 available or actually in use the assets described in section 22 536.2 , the superintendent shall thereupon issue and deliver a 23 license to the applicant to make loans in accordance with the 24 provisions of this chapter at the place of business specified 25 in the said application; if the superintendent shall not so 26 find the superintendent shall not issue such license and the 27 superintendent shall notify the applicant of the denial and 28 return to the applicant the bond and the sum paid by the 29 applicant as a license fee, retaining the investigation fee 30 to cover the costs of investigating the application. The 31 superintendent shall approve or deny every application for a 32 license hereunder under this chapter within sixty days from the 33 filing of the application and the approved bond and the payment 34 of the said fees. 35 -109- LSB 5940SC (14) 88 lh/ns 109/ 180
S.F. _____ Sec. 310. Section 536.11, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. The licensee shall keep such books, accounts, and 3 records as the superintendent may require in order to determine 4 whether such licensee is complying with the provisions of this 5 chapter and with the rules and regulations lawfully made by the 6 superintendent hereunder under this chapter . Every licensee 7 shall preserve for at least two years after making the last 8 entry on any loan recorded therein all books, accounts, and 9 records, including cards used in the card system, if any. 10 Sec. 311. Section 537.1101, Code 2020, is amended to read 11 as follows: 12 537.1101 Short title. 13 Articles 1 to through 7 of this chapter shall be known and 14 may be cited as the “Iowa Consumer Credit Code” . 15 Sec. 312. Section 537.2201, subsection 1, Code 2020, is 16 amended to read as follows: 17 1. With respect to a consumer credit sale, other than a 18 sale pursuant to open-end credit, a creditor may contract for 19 and receive a finance charge not exceeding the maximum charge 20 permitted by the law of this state or the United States for 21 similar creditors. In addition, with respect to a consumer 22 credit sale of goods or services, other than a sale pursuant 23 to open-end credit or a sale of a motor vehicle, a creditor 24 may contract for and receive a finance charge not exceeding 25 that permitted in subsections 2 to through 6. With respect 26 to a consumer credit sale of a motor vehicle, a creditor 27 may contract for and receive a finance charge as provided in 28 section 322.19 , and a finance charge in excess of that provided 29 in section 322.19 , is an excess charge in violation of this 30 chapter . 31 Sec. 313. Section 544B.19, Code 2020, is amended to read as 32 follows: 33 544B.19 Injunction. 34 In addition to any other remedies, and on the petition of the 35 -110- LSB 5940SC (14) 88 lh/ns 110/ 180
S.F. _____ board or any person, any person violating any of the provisions 1 of sections 544B.1 to 544B.5 and 544B.7 to 544B.21 this chapter 2 may be restrained and permanently enjoined from committing or 3 continuing the violations. 4 Sec. 314. Section 551A.1, subsection 11, Code 2020, is 5 amended to read as follows: 6 11. “Record” means the same as defined in section 516E.1 7 523C.1 . 8 Sec. 315. Section 558.33, Code 2020, is amended to read as 9 follows: 10 558.33 Subpoenas. 11 An officer having power to take the proof hereinbefore 12 contemplated of execution and delivery of a deed or other 13 instrument under section 558.31 may issue the necessary 14 subpoenas, and compel the attendance of witnesses residing 15 within the county, in the manner provided for the taking of 16 depositions. 17 Sec. 316. Section 573.1, subsection 4, Code 2020, is amended 18 to read as follows: 19 4. “Public improvement” is an improvement, the cost of which 20 is payable from taxes or other funds under the control of the 21 public corporation, except that in cases of public improvement 22 for drainage or levee purposes the provisions of the drainage 23 law , chapter 468, in cases of conflict shall govern. 24 Sec. 317. Section 573.19, Code 2020, is amended to read as 25 follows: 26 573.19 Insufficiency of funds. 27 When the retained percentage aforesaid is insufficient to 28 pay all claims for labor or materials, the court shall, in 29 making distribution under section 573.18 , order the claims in 30 each class paid in the order of filing the same. 31 Sec. 318. Section 573.22, Code 2020, is amended to read as 32 follows: 33 573.22 Unpaid claimants —— judgment on bond. 34 If, after the said retained percentage has been applied to 35 -111- LSB 5940SC (14) 88 lh/ns 111/ 180
S.F. _____ the payment of duly filed and established claims, there remain 1 any such claims that are unpaid in whole or in part, judgment 2 shall be entered for the amount thereof of the claims that are 3 unpaid against the principal and sureties on the bond. In case 4 the said percentage has been paid over as herein provided in 5 this chapter , judgment shall be entered against the principal 6 and sureties on all such claims. 7 Sec. 319. Section 578A.7, subsection 2, paragraph b, Code 8 2020, is amended to read as follows: 9 b. Notify all persons whom the operator has actual knowledge 10 who claim a security interest in the personal property of whom 11 the operator has actual knowledge . An operator shall conduct 12 a search to determine whether there is a security interest in 13 property subject to sale if the property is registered under 14 chapter 321 or 462A . At least seven days before the sale, the 15 operator shall also advertise the time, place, and terms of 16 the sale in a commercially reasonable manner. The manner of 17 advertisement is deemed commercially reasonable if it is likely 18 to attract at least three independent bidders to attend or view 19 the sale in person or online at the time and place advertised. 20 The operator may buy the occupant’s personal property at any 21 public sale held pursuant to this section . 22 Sec. 320. Section 578A.7, subsection 5, Code 2020, is 23 amended to read as follows: 24 5. In the event of a sale under this section , the operator 25 may satisfy the lien from the proceeds of the sale, but shall 26 hold the balance, if any, for a period of ninety days for 27 delivery on demand to the occupant. If the occupant does not 28 claim the balance within ninety days, the balance shall be paid 29 to the county treasurer in the county where the self-service 30 storage facility is located. The county treasurer shall hold 31 the funds for a period of two years. If a claim is not made 32 by the owner of occupant for the fund funds , then the fund 33 funds shall become the property of the county. There shall be 34 no further recourse by any person against the operator for an 35 -112- LSB 5940SC (14) 88 lh/ns 112/ 180
S.F. _____ action pursuant to this section . 1 Sec. 321. Section 597.13, Code 2020, is amended to read as 2 follows: 3 597.13 Annulment of decree. 4 The husband or wife affected by the proceedings contemplated 5 in sections 597.10 to through 597.12 may obtain an annulment 6 thereof, upon filing a petition therefor and serving a notice 7 on the person in whose favor the same decree or order was 8 granted, as in ordinary actions; but the setting aside of such 9 decree or order shall not affect any act done thereunder. 10 Sec. 322. Section 597.17, Code 2020, is amended to read as 11 follows: 12 597.17 Liability for separate debts. 13 Neither husband nor wife is liable for the debts or 14 liabilities of the other incurred before marriage, and, except 15 as herein otherwise declared in this chapter , they are not 16 liable for the debts of each other contracted after marriage; 17 nor are the wages, earnings, or property of either, nor is 18 the rent or income of the property of either, liable for the 19 separate debts of the other. 20 Sec. 323. Section 602.9106, Code 2020, is amended to read 21 as follows: 22 602.9106 Retirement. 23 Any person who shall have become separated from service as a 24 judge of any of the courts included in this article and who has 25 had an aggregate of at least four years of service as a judge 26 of one or more of such courts and shall have attained the age 27 of sixty-five years or who has had twenty years of consecutive 28 service as a judge of one or more of said courts and shall have 29 attained the age of fifty years, and who shall have otherwise 30 qualified as provided in this article , shall be entitled to an 31 annuity as hereinafter provided in this article . 32 Sec. 324. Section 602.10122, subsection 3, Code 2020, is 33 amended to read as follows: 34 3. A willful violation of any of the duties of an attorney 35 -113- LSB 5940SC (14) 88 lh/ns 113/ 180
S.F. _____ or counselor as hereinbefore prescribed in this article . 1 Sec. 325. Section 614.10, Code 2020, is amended to read as 2 follows: 3 614.10 Failure of action. 4 If, after the commencement of an action, the plaintiff, for 5 any cause except negligence in its prosecution, fails therein, 6 and a new one is brought within six months thereafter, the 7 second shall , for the purposes herein contemplated, be held a 8 continuation of the first. 9 Sec. 326. Section 614.13, Code 2020, is amended to read as 10 follows: 11 614.13 Injunction. 12 When the commencement of an action shall be stayed 13 by injunction or statutory prohibition, the time of the 14 continuance of such injunction or prohibition shall not be part 15 of the time limited for the commencement of the action, except 16 as herein otherwise provided in this chapter . 17 Sec. 327. Section 614.20, Code 2020, is amended to read as 18 follows: 19 614.20 Limitation on Act. 20 Sections 614.17 to through 614.19 do not limit or extend 21 the time within which actions by a spouse to recover dower or 22 distributive share in real estate within this state may be 23 brought or maintained under the provisions of section 614.15 , 24 nor do they limit or extend the time within which actions may 25 be brought or maintained to foreclose or enforce any real 26 estate mortgage, bond for deed, trust deed, or contract for 27 the sale or conveyance of real estate under the provisions of 28 section 614.21 , nor do they revive or permit an action to be 29 brought or maintained upon any claim or cause of action which 30 is barred by a statute which is in force prior to July 1, 1991; 31 nor do they affect litigation pending on July 1, 1991. 32 Sec. 328. Section 614.26, Code 2020, is amended to read as 33 follows: 34 614.26 Indexing. 35 -114- LSB 5940SC (14) 88 lh/ns 114/ 180
S.F. _____ The provisions of section 614.18 are made applicable to the 1 provisions of sections 614.24 to and 614.25, this section, and 2 sections 614.27 and 614.28 . 3 Sec. 329. Section 614.27, Code 2020, is amended to read as 4 follows: 5 614.27 Persons under disability. 6 The provisions of section 614.8 as to the rights of minors 7 and persons with mental illness shall not be applicable against 8 the provisions of sections 614.24 to through 614.26, this 9 section, and section 614.28 . 10 Sec. 330. Section 614.28, Code 2020, is amended to read as 11 follows: 12 614.28 Barred claims. 13 The provisions of sections 614.24 to through 614.27 , 14 inclusive, or the filing of a claim or claims , hereunder under 15 this subchapter , shall not revive or permit an action to be 16 brought or maintained upon any claim or cause of action which 17 is barred by any other statute. Provided further, that nothing 18 contained in these sections shall affect litigation pending on 19 July 4, 1965. 20 Sec. 331. Section 622.51, Code 2020, is amended to read as 21 follows: 22 622.51 Official signature presumed genuine. 23 In the cases contemplated in sections 622.41 to through 24 622.50 , the signature of the officer shall be presumed to be 25 genuine until the contrary is shown. 26 Sec. 332. Section 626.14, Code 2020, is amended to read as 27 follows: 28 626.14 Delivery of possession and money recovery. 29 1. If it is for the judgment requires the delivery of the 30 possession of real or personal property, it execution shall 31 require the sheriff to deliver the possession of the same 32 property , particularly describing it, to the party entitled 33 thereto to the property , and may, at the same time, require the 34 party to satisfy any costs, damages, or rents and profits, with 35 -115- LSB 5940SC (14) 88 lh/ns 115/ 180
S.F. _____ interest, recovered by the same judgment, out of the property 1 of the party against whom it judgment was rendered subject to 2 execution. 3 2. The value of the property for which judgment was 4 recovered shall be specified therein in the execution , if a 5 delivery thereof of the property cannot be had, and it shall in 6 that respect be regarded as an execution against property. 7 Sec. 333. Section 631.8, subsection 3, Code 2020, is amended 8 to read as follows: 9 3. If commenced as a regular civil action or under the 10 statutes relating to probate proceedings, a small claim 11 shall be transferred to the small claims docket. A small 12 claim commenced as a regular action shall not be dismissed 13 but shall be transferred to the small claims docket. Civil 14 and probate actions not small claims but commenced hereunder 15 under this chapter shall be dismissed without prejudice except 16 for defendants who have appeared, as to whom such actions 17 shall be transferred to the combination or probate docket, as 18 appropriate. 19 Sec. 334. Section 633.3, subsections 9 and 22, Code 2020, 20 are amended to read as follows: 21 9. Conservator —— means a person appointed by the court to 22 have the custody and control of the property of a ward under 23 the provisions of this probate code. 24 22. Guardian —— means the person appointed by the court to 25 have the custody of the person of the ward under the provisions 26 of this probate code. 27 Sec. 335. Section 633.14, Code 2020, is amended to read as 28 follows: 29 633.14 Concurrent jurisdiction. 30 When a case is originally within the jurisdiction of the 31 courts of two or more counties, the one court which first takes 32 cognizance thereof of the case by the commencement of the 33 proceedings shall retain the same jurisdiction throughout the 34 case . 35 -116- LSB 5940SC (14) 88 lh/ns 116/ 180
S.F. _____ Sec. 336. Section 633.71, Code 2020, is amended to read as 1 follows: 2 633.71 Legal effect of appointment. 3 1. By qualifying as fiduciary , any person, resident or 4 nonresident , person submits to the jurisdiction of the court 5 making the appointment of the fiduciary and, in addition, shall 6 be deemed to agree that to all of the following : 7 1. a. All property coming into the fiduciary’s hands is 8 subject to the jurisdiction of the court wherein are pending 9 the proceedings in which the fiduciary is serving , and . 10 2. b. The fiduciary is subject to all orders entered by 11 the court in the proceedings in which the fiduciary is serving 12 and that notices served upon the fiduciary with respect thereto 13 to the proceedings, that are in compliance with the procedure 14 prescribed by the this probate code , shall have the same force 15 and effect as if such service had been personally made upon the 16 fiduciary within the state. 17 3. c. The fiduciary shall be is subject to the jurisdiction 18 of the courts of this state in all actions and proceedings 19 against the fiduciary arising from or growing out of the 20 fiduciary relationship and activities ; and that the service of 21 process in such actions and proceedings may be made upon the 22 fiduciary by serving the original notice upon the fiduciary 23 outside this state ; and that such service shall have has the 24 same force and effect as though the service had been personally 25 made upon the fiduciary within this state. 26 4. 2. The clerk of the court in which is pending the 27 proceedings in which the fiduciary is serving is the lawful 28 attorney or resident agent of such nonresident fiduciary upon 29 whom service of process may be made whether such process be 30 an order of the court entered in the proceedings in which 31 the fiduciary is serving or an original notice of an action 32 arising from or growing out of the fiduciary relationship and 33 activities of the nonresident fiduciary. 34 Sec. 337. Section 633.83, Code 2020, is amended to read as 35 -117- LSB 5940SC (14) 88 lh/ns 117/ 180
S.F. _____ follows: 1 633.83 Continuation of business. 2 Upon a showing of advantage to the estate, the court may 3 authorize the fiduciary to continue any business of the estate 4 for the estate’s benefit thereof . The order may be without 5 notice, or after such notice as the court may prescribe. The 6 court may on its own motion, and upon the application of any 7 interested party shall, review such the authorization, and upon 8 such review, may revoke or modify the same authorization . The 9 order may provide for any of the following : 10 1. For the The conduct of the business solely by the 11 fiduciary, or jointly with one or more other persons; for the 12 formation of a partnership for the conduct of such business; 13 or for the formation of, or for the fiduciary to join in the 14 formation of , a corporation for the conduct of such business ; . 15 2. For the The extent of the liability of the estate, 16 or any part thereof of the estate , or of the fiduciary, for 17 obligations incurred in the continuation of the business ; . 18 3. As to whether Whether liabilities incurred in the conduct 19 of the business are to be chargeable solely to the part of the 20 estate set aside for use in the business, or to the estate as a 21 whole ; . 22 4. As to the The period of time for which the business may 23 be conducted ; and . 24 5. Such other conditions, restrictions, regulations , and 25 requirements as the court may order. 26 Sec. 338. Section 633.85, Code 2020, is amended to read as 27 follows: 28 633.85 Liability of fiduciary employing agents. 29 The fiduciary shall not be personally liable for the acts 30 or omissions of any such specialist, subordinate , or agent, 31 unless it can be shown that said the acts or omissions of the 32 specialist, subordinate, or agent would have been a breach of 33 duty by the fiduciary had the fiduciary personally done it, and 34 that , one of the following applies: 35 -118- LSB 5940SC (14) 88 lh/ns 118/ 180
S.F. _____ 1. The fiduciary directed or permitted the breach ; or . 1 2. The fiduciary did not select or retain the said 2 specialist, subordinate , or agent with reasonable care ; or . 3 3. The fiduciary did not properly supervise the specialist, 4 subordinate , or agent ; or . 5 4. The fiduciary approved, acquiesced , or cooperated in the 6 neglect, omission, misconduct , or default by the specialist, 7 subordinate , or agent. 8 Sec. 339. Section 633.98, Code 2020, is amended to read as 9 follows: 10 633.98 Certificate of appointment and authority. 11 When any instrument executed in accordance with sections 12 633.95 to through 633.97 , inclusive, is to be recorded in a 13 county other than the county in which the estate is pending, 14 there shall also be recorded a certificate executed by the 15 clerk of the court making the appointment, with seal affixed, 16 showing the name of the court making the appointment, the date 17 of the same, and that such fiduciary had not been discharged at 18 the time of the execution of such instrument. 19 Sec. 340. Section 633.129, Code 2020, is amended to read as 20 follows: 21 633.129 Uniformity of interpretation. 22 Sections 633.126 to through 633.128 shall be so interpreted 23 and construed as to effectuate their general purpose to make 24 uniform the law of those states which enact the common trust 25 funds. 26 Sec. 341. Section 633.146, unnumbered paragraph 1, Code 27 2020, is amended to read as follows: 28 The certificate aforesaid under section 633.145 shall be 29 filed for record: 30 Sec. 342. Section 633.158, Code 2020, is amended to read as 31 follows: 32 633.158 Liability for property not a part of estate. 33 Every fiduciary shall be chargeable in the fiduciary’s 34 accounts with property not a part of the estate that comes 35 -119- LSB 5940SC (14) 88 lh/ns 119/ 180
S.F. _____ into the fiduciary’s hands at any time, and shall be liable to 1 the persons entitled thereto to the property , if either of the 2 following applies : 3 1. The property was received under a duty imposed upon the 4 fiduciary by law in the capacity of fiduciary ; or . 5 2. The fiduciary has commingled such the property with the 6 assets of the estate. 7 Sec. 343. Section 633.310, Code 2020, is amended to read as 8 follows: 9 633.310 Objections prior to admission of will to probate. 10 Nothing herein contained in this part shall prevent any 11 interested person from filing objections to probate of a 12 proposed will prior to admission of the will to probate 13 thereof . If such objections are filed prior to the admission 14 of the will to probate, the will shall not be admitted to 15 probate pending trial and determination as to whether or not 16 said the instrument is the last will of the decedent. 17 Sec. 344. Section 633.331, Code 2020, is amended to read as 18 follows: 19 633.331 Limitation of administration. 20 Probate of a will, original administration of an intestate 21 estate, or ancillary administration of an estate, shall not 22 be granted after five years from the death of the decedent, 23 whether the decedent died within or without this state, unless 24 a petition for probate or administration is filed prior to the 25 expiration of the five-year period. However, this section does 26 not apply to the probate of a will of a decedent who died prior 27 to January 1, 1964. 28 Sec. 345. Section 633.335, Code 2020, is amended to read as 29 follows: 30 633.335 Share of survivor. 31 The share of such a survivor in the proceeds of such a policy 32 or certificate made payable as aforesaid provided in sections 33 633.333 and 633.334 shall be the same as that provided by law 34 for the distribution of the personal property of intestates. 35 -120- LSB 5940SC (14) 88 lh/ns 120/ 180
S.F. _____ Sec. 346. Section 633.423, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. If the creditor shall exhaust the security before 3 receiving payment, then upon the full amount of the claim 4 allowed, less the amount realized upon exhausting the security ; 5 or . 6 Sec. 347. Section 633.424, subsections 1, 2, and 3, Code 7 2020, are amended to read as follows: 8 1. The creditor and personal representative may determine, 9 by agreement, arbitration , or compromise, the value thereof of 10 the claim , according to its probable present worth, and upon 11 approval thereof by the court, it the contingent claim may be 12 allowed and paid in the same manner as an absolute claim , or . 13 2. The court may order the personal representative to make 14 distribution of the estate but to retain sufficient funds to 15 pay the claim if and when the same becomes absolute ; but, . 16 However, for this purpose, the estate shall not be kept open 17 longer than two years after distribution of the remainder of 18 the estate ; and if such . If the contingent claim has not 19 become absolute within that time, distribution shall be made 20 to the distributees of the funds so retained, after paying 21 any costs and expenses accruing during such period , and 22 such . The distributees shall be liable to the creditor to the 23 extent of the estate received by them, if such the contingent 24 claim thereafter becomes absolute after distribution . When 25 distribution is so made to distributees, the court may require 26 such the distributees to give bond for the satisfaction of 27 their liability to the contingent creditor , or . 28 3. The court may order distribution of the estate as though 29 such the contingent claim did not exist, but the distributees 30 shall be liable to the creditor to the extent of the estate 31 received by them, if the contingent claim thereafter becomes 32 absolute ; and the after distribution. The court may require 33 such the distributees to give bond for the performance of their 34 liability to the contingent creditor , or . 35 -121- LSB 5940SC (14) 88 lh/ns 121/ 180
S.F. _____ Sec. 348. Section 633.528, Code 2020, is amended to read as 1 follows: 2 633.528 Uniformity of interpretation. 3 Sections 633.523 to through 633.527 shall be so construed 4 and interpreted as to effectuate their general purpose to make 5 uniform the law relating to simultaneous death. 6 Sec. 349. Section 633.560A, subsection 2, paragraph a, Code 7 2020, is amended to read as follows: 8 a. The parties will must participate in good faith. 9 Participation in mediation shall include attendance at 10 a mediation session with the mediator and the parties to 11 the action, listening to the mediator’s explanation of the 12 mediation process, presentation of one party’s view of the 13 case, and listening to the response of the other party. 14 Participation in mediation does not require that the parties 15 reach an agreement. 16 Sec. 350. Section 633.561, subsection 4, paragraphs c and f, 17 Code 2020, are amended to read as follows: 18 c. Ensure that the respondent has been properly advised of 19 the respondent’s rights in a guardianship or conservatorship 20 proceeding. 21 f. Ensure that the guardianship or conservatorship 22 procedures conform to the statutory and due process 23 requirements of Iowa law. 24 Sec. 351. Section 633.561, subsection 5, paragraphs a and b, 25 Code 2020, are amended to read as follows: 26 a. Inform the respondent of the effects of the order entered 27 for appointment of guardian or conservator . 28 b. Advise the respondent of the respondent’s rights to 29 petition for modification or termination of the guardianship 30 or conservatorship . 31 Sec. 352. Section 633.562, subsection 5, paragraphs a and b, 32 Code 2020, are amended to read as follows: 33 a. A recommendation regarding the appropriateness of a 34 limited guardianship or conservatorship for the respondent, 35 -122- LSB 5940SC (14) 88 lh/ns 122/ 180
S.F. _____ including whether less restrictive alternatives are available. 1 b. A statement of the qualifications of the guardian or 2 conservator together with a statement of whether the respondent 3 has expressed agreement with the appointment of the proposed 4 guardian or conservator. 5 Sec. 353. Section 633.563, subsection 7, unnumbered 6 paragraph 1, Code 2020, is amended to read as follows: 7 The results of the evaluation ordered by the court shall be 8 made available to filed with the court and made available to 9 the following: 10 Sec. 354. Section 633.565, Code 2020, is amended to read as 11 follows: 12 633.565 Qualifications and selection of guardian or 13 conservator for an adult. 14 The court shall appoint as guardian or conservator for an 15 adult any qualified and suitable person who is willing to serve 16 as guardian or conservator. 17 Sec. 355. Section 633.568, Code 2020, is amended to read as 18 follows: 19 633.568 Appointment of guardian for an adult on a standby 20 basis. 21 A petition for the appointment of a guardian for an 22 adult on a standby basis may be filed by any person under 23 the same procedure and requirements as provided in sections 24 633.591 to through 633.597 , for appointment of standby 25 conservator, insofar as applicable. In all proceedings to 26 appoint a guardian, the court shall consider whether a limited 27 guardianship, as authorized in section 633.635 , is appropriate. 28 Sec. 356. Section 633.569, subsection 2, paragraph c, Code 29 2020, is amended to read as follows: 30 c. The reason the emergency appointment of a temporary 31 guardian or conservator is sought. 32 Sec. 357. Section 633.569, subsection 3, unnumbered 33 paragraph 1, Code 2020, is amended to read as follows: 34 The court may enter an ex parte order appointing a temporary 35 -123- LSB 5940SC (14) 88 lh/ns 123/ 180
S.F. _____ guardian or conservator on an emergency basis under this 1 section if the court finds that all of the following conditions 2 are met: 3 Sec. 358. Section 633.653, Code 2020, is amended to read as 4 follows: 5 633.653 Claims against the ward, the conservatorship , or the 6 conservator in that capacity. 7 Claims accruing before or after the appointment of the 8 conservator, and whether arising in contract or tort or 9 otherwise, after being allowed or established as provided in 10 sections 633.654 to through 633.656 , shall be paid by the 11 conservator from the assets of the conservatorship. 12 Sec. 359. Section 633.670, subsection 1, paragraphs b and d, 13 Code 2020, are amended to read as follows: 14 b. Within two days after filing the initial plan, the 15 conservator shall give notice of the filing of the initial plan 16 with a copy of the plan to the protected person, the protected 17 person’s attorney and court advisor visitor , if any, and others 18 as directed by the court. The notice must state that any 19 person entitled to a copy of the plan must file any objections 20 to the plan not later than fifteen days after it is filed. 21 d. After approval by the court, the conservator shall 22 provide a copy of the approved plan and order approving the 23 plan to the protected person, the protected person’s attorney 24 and court advisor visitor , if any, and others as directed by 25 the court. 26 Sec. 360. Section 633.670, subsection 2, Code 2020, is 27 amended to read as follows: 28 2. A conservator shall file an inventory of the protected 29 person’s assets within ninety days after appointment which 30 includes an oath or affirmation that the inventory is believed 31 to be complete and accurate as far as information permits. 32 Copies of the inventory shall be provided to the protected 33 person, the protected person’s attorney and court advisor 34 visitor , if any, and others as directed by the court. When 35 -124- LSB 5940SC (14) 88 lh/ns 124/ 180
S.F. _____ the conservator receives additional property of the protected 1 person, or becomes aware of its existence, a description of the 2 property shall be included in the conservator’s next annual 3 report. 4 Sec. 361. Section 633.670, subsection 3, paragraph c, Code 5 2020, is amended to read as follows: 6 c. Reports required by this section shall be served on the 7 protected person’s attorney and court advisor visitor , if any, 8 and the veterans administration if the protected person is 9 receiving veterans benefits. 10 Sec. 362. Section 633.675, subsection 1, unnumbered 11 paragraph 1, Code 2020, is amended to read as follows: 12 A guardianship and or a conservatorship shall terminate upon 13 the occurrence of any of the following circumstances: 14 Sec. 363. Section 633.675, subsection 2, Code 2020, is 15 amended to read as follows: 16 2. The court shall terminate a guardianship if it finds by 17 clear and convincing evidence that the basis for appointing a 18 guardian pursuant to section 633.552 is has not satisfied been 19 established . 20 Sec. 364. Section 633.679, subsection 1, Code 2020, is 21 amended to read as follows: 22 1. Except as otherwise provided in subsection 2 , at At 23 any time after the appointment of a guardian or conservator, 24 the person under guardianship or conservatorship may apply to 25 the court by petition, alleging that the person is no longer 26 a proper subject thereof, and asking that the guardianship or 27 conservatorship be terminated. 28 Sec. 365. Section 633A.3110, subsection 2, unnumbered 29 paragraph 1, Code 2020, is amended to read as follows: 30 The trustee may give notice as described herein in this 31 section to creditors, heirs, and the surviving spouse of the 32 settlor for the purpose of establishing their rights to contest 33 the trust and to file claims against the trust assets. 34 Sec. 366. Section 636.23, subsections 5, 6, and 7, Code 35 -125- LSB 5940SC (14) 88 lh/ns 125/ 180
S.F. _____ 2020, are amended to read as follows: 1 5. Real estate mortgage bonds. Notes or bonds of any 2 individual secured by a first mortgage on improved real estate 3 located in this state, provided the aggregate amount of such 4 notes and/or or bonds secured by such first mortgage, does not 5 exceed fifty percent of the value of the mortgage property as 6 determined by the fiduciary; any such loan may be made in an 7 amount not to exceed seventy-five percentum of the appraised 8 value of the real estate offered as security and for a term not 9 longer than twenty years if the loan is secured by an amortized 10 mortgage, deed of trust, or other such instrument under the 11 terms of which the installment payments are sufficient to 12 amortize the entire principal of the loan within the period 13 ending on the date of its maturity. 14 6. Corporate mortgages. Notes or bonds of any corporation 15 secured by a first mortgage on improved real estate located in 16 this or any adjoining state upon which no default in payment of 17 principal or interest shall have occurred within five preceding 18 years provided the aggregate amount of such notes and/or or 19 bonds secured by such first mortgage does not exceed fifty 20 percent of the value of the mortgage property as determined by 21 the fiduciary. 22 7. Railroad bonds. Bonds of any railroad corporation which 23 are secured by a first lien mortgage or trust deed upon not 24 less than one hundred miles of main track in the United States 25 and which mortgage or trust deed has been outstanding not less 26 than fifteen years and upon which bonds issued thereunder there 27 has been no default in the payment of principal and/or or 28 interest since the date of said such trust deed. 29 Sec. 367. Section 657.3, Code 2020, is amended to read as 30 follows: 31 657.3 Penalty —— abatement. 32 Whoever is convicted of erecting, causing, or continuing 33 a public or common nuisance as provided in this chapter , or 34 at common law when the same has not been modified or repealed 35 -126- LSB 5940SC (14) 88 lh/ns 126/ 180
S.F. _____ by statute, where no other punishment therefor is specially 1 provided, shall be guilty of an aggravated misdemeanor and the 2 court may order such nuisance abated, and issue a warrant as 3 hereinafter provided in this chapter . 4 Sec. 368. Section 657A.1, subsection 3, Code 2020, is 5 amended to read as follows: 6 3. “Building” means a building or structure , excluding a 7 mobile home, a modular home, and a manufactured home as defined 8 in section 435.1 , unless the mobile home or manufactured 9 home has been converted to real estate pursuant to section 10 435.26 , located in a city or outside the limits of a city in 11 a county, which is used or intended to be used for commercial 12 or industrial purposes or which is used or intended to be 13 used for residential purposes and includes a building or 14 structure in which some floors may be used for retail stores, 15 shops, salesrooms, markets, or similar commercial uses, or for 16 offices, banks, civic administration activities, professional 17 services, or similar business or civic uses, and other floors 18 are used, designed, or intended to be used for residential 19 purposes. “Building” does not include a mobile home, a modular 20 home, and a manufactured home as defined in section 435.1, 21 unless the mobile home or manufactured home has been converted 22 to real estate pursuant to section 435.26. 23 Sec. 369. Section 657A.2, subsection 1, Code 2020, is 24 amended to read as follows: 25 1. No sooner than the latter later of thirty days after 26 provision of the responsible building official’s findings have 27 been provided under section 657A.1A and or six months after a 28 building has become abandoned, a petition for abatement under 29 this chapter may be filed in the district court of the county 30 in which the property is located by the city in which the 31 property is located, by the county if the property is located 32 outside the limits of a city, by a neighboring landowner, or 33 by a duly organized nonprofit corporation which has as one of 34 its goals the improvement of housing conditions in the county 35 -127- LSB 5940SC (14) 88 lh/ns 127/ 180
S.F. _____ or city in which the property in question is located. The 1 petition shall not demand a personal judgment against any 2 party, but shall concern only the interests in the property. A 3 petition for abatement filed under this chapter shall include 4 the legal description of the real property upon which the 5 public nuisance is located unless the public nuisance is not 6 situated on or confined to a parcel of real property, or is 7 portable or capable of being removed from the real property. 8 Service shall be made on all interested persons by personal 9 service or, if personal service cannot be made, by certified 10 mail and first class mail to the last known address of record 11 of the interested person and by posting the notice in a 12 conspicuous place on the building, or by publication. The last 13 known address of record for the property owner shall be the 14 address of record with the county treasurer of the county where 15 the property is located. Service may also be made as provided 16 in section 654.4A . 17 Sec. 370. Section 657A.4, Code 2020, is amended to read as 18 follows: 19 657A.4 Appointment of receiver. 20 If after After expiration of a date established pursuant to 21 section 657A.3, subsection 1 , or a hearing pursuant to section 22 657A.3 , the court may appoint a receiver to take possession and 23 control of the property in question. A person shall not be 24 appointed as a receiver unless the person has first provided 25 the court with a viable financial and construction plan for the 26 rehabilitation of the property in question and has demonstrated 27 the capacity and expertise to perform the required work in a 28 satisfactory manner. The appointed receiver may be a financial 29 institution that possesses an interest of record in the 30 property, a nonprofit corporation that is duly organized and 31 exists for the primary purpose of improving housing conditions 32 in the county or city in which the property in question is 33 located, or any person deemed qualified by the court. No part 34 of the net earnings of a nonprofit corporation serving as a 35 -128- LSB 5940SC (14) 88 lh/ns 128/ 180
S.F. _____ receiver under this section shall benefit a private shareholder 1 or individual. Membership on the board of trustees of a 2 nonprofit corporation does not constitute the holding of a 3 public office or employment and is not an interest, either 4 direct or indirect, in a contract or expenditure of money by 5 a city or county. No A member of a board of trustees of a 6 nonprofit corporation appointed as receiver is not disqualified 7 from holding public office or employment , nor and is a member 8 also not required to forfeit public office or employment by 9 reason of the membership on the board of trustees. 10 Sec. 371. Section 669.17, Code 2020, is amended to read as 11 follows: 12 669.17 Adjustment of other claims. 13 Nothing contained herein in this chapter shall be deemed to 14 repeal any provision of law authorizing any state agency to 15 consider, ascertain, adjust, compromise, settle, determine, 16 allow, or pay any claim other than a claim as defined in this 17 chapter . 18 Sec. 372. Section 670.4, subsection 1, unnumbered paragraph 19 1, Code 2020, is amended to read as follows: 20 The liability imposed by section 670.2 shall have no 21 application to any claim enumerated in this section . As to 22 any such claim of the following claims , a municipality shall 23 be liable only to the extent liability may be imposed by the 24 express statute dealing with such claims and, in the absence 25 of such express statute, the municipality shall be immune from 26 liability . : 27 Sec. 373. Section 670.4, subsection 2, Code 2020, is amended 28 to read as follows: 29 2. The remedy against the municipality provided by section 30 670.2 shall hereafter be exclusive of any other civil action 31 or proceeding by reason of the same subject matter against the 32 officer, employee or agent whose act or omission gave rise to 33 the claim, or the officer’s, employee’s, or agent’s estate. 34 Sec. 374. Section 701.1, Code 2020, is amended to read as 35 -129- LSB 5940SC (14) 88 lh/ns 129/ 180
S.F. _____ follows: 1 701.1 Short title. 2 Chapters 701 to through 728 shall be known and may be cited 3 as the “Iowa Criminal Code” . 4 Sec. 375. Section 709.15, subsection 1, paragraph f, 5 subparagraph (1), subparagraph division (f), Code 2020, is 6 amended to read as follows: 7 (f) A person employed by a community college full-time, 8 part-time, or as a substitute who provides instruction to 9 high school students under a sharing or concurrent enrollment 10 program offered in accordance with section 257.11 or 261E.8 . 11 Sec. 376. Section 714H.3, subsection 2, paragraph d, Code 12 2020, is amended to read as follows: 13 d. Section 516E.5, 516E.9, 523C.7 or 516E.10 523C.13 . 14 Sec. 377. Section 724.8A, subsection 1, Code 2020, is 15 amended to read as follows: 16 1. Notwithstanding subsections 2 and 3 , the The governing 17 board of a university under the control of the state board 18 of regents as provided in chapter 262 or a community college 19 under the jurisdiction of a board of directors for a merged 20 area as provided in chapter 260C shall not adopt or enforce any 21 policy or rule that prohibits the carrying, transportation, 22 or possession of a dangerous weapon that directs an electric 23 current, impulse, wave, or beam that produces a high-voltage 24 pulse designed to immobilize a person in the buildings or on 25 the grounds of such a college or university, as long as such a 26 dangerous weapon does not generate a projectile that directs 27 an electric current, impulse, wave, or beam that produces a 28 high-voltage pulse designed to immobilize a person, and such 29 a dangerous weapon is not used in the commission of a public 30 offense. 31 Sec. 378. Section 724.11, subsection 1, Code 2020, is 32 amended to read as follows: 33 1. Applications for permits to carry weapons shall be made 34 to the sheriff of the county in which the applicant resides. 35 -130- LSB 5940SC (14) 88 lh/ns 130/ 180
S.F. _____ Applications for professional permits to carry weapons for 1 persons who are nonresidents of the state, or whose need to go 2 armed arises out of employment by the state, shall be made to 3 the commissioner of public safety. In either case, the sheriff 4 or commissioner, before issuing the permit, shall determine 5 that the requirements of sections 724.6 to through 724.10 6 have been satisfied. A renewal applicant shall apply within 7 thirty days prior to the expiration of the permit, or within 8 thirty days after the expiration of the permit; otherwise the 9 applicant shall be considered an applicant for an initial 10 permit for purposes of renewal fees under subsection 3 . 11 Sec. 379. Section 801.1, Code 2020, is amended to read as 12 follows: 13 801.1 Short title. 14 Chapters 801 to through 819 shall be known and may be cited 15 as the “Iowa Code of Criminal Procedure” . 16 Sec. 380. Section 802.6, subsection 1, Code 2020, is amended 17 to read as follows: 18 1. When a person leaves the state, the indictment or 19 information may be found within the time herein limited period 20 of limitation prescribed in this chapter after the person’s 21 coming into the state, and no period during which the party 22 charged was not publicly resident within the state is a part 23 of the limitation. 24 Sec. 381. Section 805.15, Code 2020, is amended to read as 25 follows: 26 805.15 Other citation forms. 27 The provisions of sections 321.485 to through 321.487 shall 28 govern with respect to offenses charged in the manner provided 29 in section 321.485 . The provisions of sections 805.6 to 30 through 805.14 shall govern with respect to offenses chargeable 31 upon a uniform citation and complaint. 32 Sec. 382. Section 901.11, subsection 5, Code 2020, is 33 amended to read as follows: 34 5. At the time of sentencing, the court shall determine when 35 -131- LSB 5940SC (14) 88 lh/ns 131/ 180
S.F. _____ a person convicted of arson in the first degree as described 1 in section 902.12, subsection 5 , shall first become eligible 2 for parole or work release within the parameters specified 3 in section 902.12, subsection 4 5 , based upon all pertinent 4 information including the person’s criminal record, a validated 5 risk assessment, and the negative impact the offense has had 6 on the victim or other persons. 7 Sec. 383. Section 901D.7, subsection 2, Code 2020, is 8 amended to read as follows: 9 2. An order or directive placing a participant in the 10 program shall include the type of testing required to be 11 administered in the program and the length of time that the 12 participant is required to remain in the program which shall 13 be for no less than ninety days. The order or directive shall 14 additionally require that the participant not have failed a 15 test result required testing or have missed a required testing 16 during the thirty-day period immediately preceding the end of 17 participation in the program. The person issuing the order or 18 directive shall send a copy of the order or directive to the 19 law enforcement agency of the participating jurisdiction. 20 Sec. 384. 2019 Iowa Acts, chapter 26, section 14, is amended 21 to read as follows: 22 SEC. 14. NEW SECTION . 489.12206 Information required in 23 biennial report —— effect of failure to provide. 24 1. In the biennial report required by section 489.209 , a 25 series limited liability company shall include the name of each 26 protected series of the company for which all of the following 27 applies apply : 28 a. For which the company has previously delivered to the 29 secretary of state for filing a protected series designation. 30 b. Which has not dissolved and completed winding up. 31 2. A failure by a series limited liability company to comply 32 with subsection 1 with regard to a protected series prevents 33 issuance of a certificate of good standing existence pertaining 34 to the protected series but does not otherwise affect the 35 -132- LSB 5940SC (14) 88 lh/ns 132/ 180
S.F. _____ protected series. 1 Sec. 385. 2019 Iowa Acts, chapter 26, section 44, is amended 2 by striking the section and inserting in lieu thereof the 3 following: 4 SEC. 44. Section 489.101 , Code 2019, is amended to read as 5 follows: 6 489.101 Short title. 7 1. This chapter may be cited as the “Revised Uniform Limited 8 Liability Company Act” . 9 2. In addition, article 14 of this chapter may be cited as 10 provided in section 489.14101. 11 Sec. 386. 2019 Iowa Acts, chapter 135, section 27, is 12 amended to read as follows: 13 SEC. 27. Section 260I.10 , Code 2019, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 4. The department of education, in 16 coordination with the community colleges, may adjust the 17 allocations generated pursuant to section 260I 206I.2 , 18 subsection 2, paragraph “c” , to ensure efficient delivery of 19 services. 20 Sec. 387. 2019 Iowa Acts, chapter 148, section 48, is 21 amended to read as follows: 22 SEC. 48. Section 49.31, subsection 1 , paragraph b, Code 23 2019, is amended to read as follows: 24 b. (1) The commissioner shall determine the order of 25 candidates on the ballot as provided in this paragraph. The 26 order shall be the same for each office on the ballot and for 27 each precinct in the county voting in the election. 28 (2) The state commissioner shall compile a list of each 29 county in the state in alphabetical order and assign a number 30 to each county such that the first county listed is number 31 one, the second county listed is number two, and continuing 32 in descending order in the same manner. The commissioner 33 shall put in alphabetical order the top two political parties 34 receiving the highest votes from the most recent election. 35 -133- LSB 5940SC (14) 88 lh/ns 133/ 180
S.F. _____ (3) The commissioner of each county assigned an even number 1 pursuant to subparagraph (2) shall arrange the ballot as 2 follows: 3 (a) The candidates of the first political party by 4 alphabetical order pursuant to subparagraph (2) shall appear 5 first on the ballot for the first general election at which the 6 president of the United States is to be elected following the 7 effective date of this division of this Act and second on the 8 ballot for the first general election at which the governor 9 will be elected following the effective date of this division 10 of this Act and second on the ballot for the second general 11 election at which the president of the United States is to be 12 elected following the effective date of this division of this 13 Act and first on the ballot for the second general election at 14 which the governor will be elected following the effective date 15 of this division of this Act, and thereafter alternating with 16 the candidates of the second political party by alphabetical 17 order pursuant to subparagraph (2). 18 (b) The candidates of the second political party by 19 alphabetical order pursuant to subparagraph (2) shall appear 20 second on the ballot for the first general election at which 21 the president of the United States is to be elected following 22 the effective date of this division of this Act and first on 23 the ballot for the first general election at which the governor 24 will be elected following the effective date of this division 25 of this Act and first on the ballot for the second general 26 election at which the president of the United States is to be 27 elected following the effective date of this division of this 28 Act and second on the ballot for the second general election at 29 which the governor will be elected following the effective date 30 of this division of this Act, and thereafter alternating with 31 the candidates of the first political party by alphabetical 32 order pursuant to subparagraph (2). 33 (4) The commissioner of each county assigned an odd number 34 pursuant to subparagraph (2) shall arrange the ballot as 35 -134- LSB 5940SC (14) 88 lh/ns 134/ 180
S.F. _____ follows: 1 (a) The candidates of the second political party by 2 alphabetical order pursuant to subparagraph (2) shall appear 3 first on the ballot for the first general election at which the 4 president of the United States is to be elected following the 5 effective date of this division of this Act and second on the 6 ballot for the first general election at which the governor 7 will be elected following the effective date of this division 8 of this Act and second on the ballot for the second general 9 election at which the president of the United States is to be 10 elected following the effective date of this division of this 11 Act and first on the ballot for the second general election at 12 which the governor will be elected following the effective date 13 of this division of this Act, and thereafter alternating with 14 the candidates of the first political party by alphabetical 15 order pursuant to subparagraph (2). 16 (b) The candidates of the first political party by 17 alphabetical order pursuant to subparagraph (2) shall appear 18 second on the ballot for the first general election at which 19 the president of the United States is to be elected following 20 the effective date of this division of this Act and first on 21 the ballot for the first general election at which the governor 22 will be elected following the effective date of this division 23 of this Act and first on the ballot for the second general 24 election at which the president of the United States is to be 25 elected following the effective date of this division of this 26 Act and second on the ballot for the second general election at 27 which the governor will be elected following the effective date 28 of this division of this Act, and thereafter alternating with 29 the candidates of the second political party by alphabetical 30 order pursuant to subparagraph (2). 31 (c) The commissioner shall determine the order of 32 candidates of nonparty political organizations on the ballot. 33 The order shall be the same for each office on the ballot and 34 for each precinct in the county voting in the election. 35 -135- LSB 5940SC (14) 88 lh/ns 135/ 180
S.F. _____ Sec. 388. 2019 Iowa Acts, chapter 155, section 4, is amended 1 to read as follows: 2 SEC. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 3 the annual salary rates for judicial officers established by 4 2013 Iowa Acts, chapter 140, section 40 section 6 of this Act , 5 for the fiscal year beginning July 1, 2019, and ending June 6 30, 2020, the supreme court may by order place all judicial 7 officers on unpaid leave status on any day employees of 8 the judicial branch are placed on temporary layoff status. 9 The biweekly pay of the judicial officers shall be reduced 10 accordingly for the pay period in which the unpaid leave date 11 occurred in the same manner as for noncontract employees of the 12 judicial branch. Through the course of the fiscal year, the 13 judicial branch may use an amount equal to the aggregate amount 14 of salary reductions due to the judicial officer unpaid leave 15 days for any purpose other than for judicial salaries. 16 Sec. 389. REPEAL. 2019 Iowa Acts, chapter 26, section 52, 17 is repealed. 18 Sec. 390. REPEAL. Sections 15.300, 15.301, 52.8, 189.10, 19 and 235.6, Code 2020, are repealed. 20 Sec. 391. IMPLEMENTATION PROVISION. 21 1. The section of this division of this Act amending 22 section 249L.2, shall only be implemented upon receipt by 23 the department of human services of approval of the Medicaid 24 state plan amendment by CMS, and if such approval is received, 25 is applicable no earlier than the first day of the calendar 26 quarter following the date of receipt of such approval. 27 Sec. 392. EFFECTIVE DATE. The following, being deemed of 28 immediate importance, take effect upon enactment: 29 1. The section of this Act amending 2019 Iowa Acts, chapter 30 135, section 27. 31 2. The section of this Act amending 2019 Iowa Acts, chapter 32 148, section 48. 33 3. The section of this Act amending 2019 Iowa Acts, chapter 34 155, section 4. 35 -136- LSB 5940SC (14) 88 lh/ns 136/ 180
S.F. _____ Sec. 393. RETROACTIVE APPLICABILITY. The following apply 1 retroactively to July 1, 2019: 2 1. The section of this Act amending 2019 Iowa Acts, chapter 3 135, section 27. 4 2. The section of this Act amending 2019 Iowa Acts, chapter 5 148, section 48. 6 3. The section of this Act amending 2019 Iowa Acts, chapter 7 155, section 4. 8 DIVISION II 9 CODE EDITOR DIRECTIVES 10 Sec. 394. CODE EDITOR DIRECTIVES. 11 1. The Code editor may designate unnumbered chapter 12 headings as numbered subchapters and correct internal 13 references as necessary within and to chapter 359. 14 2. The Code editor may add a new subchapter to chapter 359, 15 preceding section 359.52 and entitled “DISPOSAL OF PROPERTY”. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill contains statutory corrections that adjust 20 language to reflect current practices, insert earlier 21 omissions, delete redundancies and inaccuracies, delete 22 temporary language, resolve inconsistencies and conflicts, 23 update ongoing provisions, or remove ambiguities. The Code 24 sections amended include the following: 25 Division I: 26 Section 6B.32: Replaces “hereinbefore” with more specific 27 Code section references to clarify this provision relating to 28 the removal of a condemner or persons acting for or under a 29 condemner by a sheriff in eminent domain proceedings. 30 Section 8.2: Moves qualifying phrases and updates language 31 to clarify the meaning of this definition of terms under the 32 budget and financial control Act, which was altered in 1961 by 33 an amendment by 59 G.A., chapter 57, section 1. 34 Section 8.35: Removes the ambiguous phrase “hereinabove 35 -137- LSB 5940SC (14) 88 lh/ns 137/ 180
S.F. _____ provided for” and adds terminal commas to two series to update 1 and simplify language relating to supervision of the budget 2 process by the governor and the department of management. 3 Section 8D.3: Strikes language containing a requirement 4 for submission of a report and proposals for Part III of the 5 Iowa communications network by January 1, 1995, and prohibiting 6 entering into agreements relating to those proposals without 7 prior authorization by a constitutional majority of each house 8 of the general assembly. 9 Section 8D.13: Strikes language relating to providing 10 access to the Iowa communications network to certain entities, 11 that is dependent on adherence to requirements that were 12 stricken by 2019 Iowa Acts, chapter 6, section 2. 13 Section 9H.1: Changes the word “probate” to “trust” in this 14 definition which is applicable to corporate or partnership 15 farming regulation to reflect the transfer of most of the 16 provisions governing trusts from the probate code, Code chapter 17 633, to the trust code, Code chapter 633A, by 2005 Iowa Acts, 18 chapter 38. 19 Section 10.2: Adds the words “all of” to clarify the 20 applicability of the description of interests that may be 21 subject to agricultural landholding restrictions. 22 Section 12.20: Updates language and clarifies the meaning 23 of “above” in this provision relating to the reissuance of a 24 check by the state treasurer to a holder. 25 Section 12.30: Substitutes the words “Iowa finance 26 authority” for the word “it” to clarify the description of the 27 entities excluded from the term “authority” for purposes of 28 coordination of bonding activities by the treasurer of state. 29 Sections 15.300 and 15.301: Repeals these provisions that 30 established the “save our small businesses fund and program”. 31 Funding for the program reverted to the general fund in 2016. 32 Section 16.2: Adds references to voting membership in 33 language which relates to appointment of the voting members of 34 the Iowa finance authority board of directors, to reflect the 35 -138- LSB 5940SC (14) 88 lh/ns 138/ 180
S.F. _____ addition of ex officio, nonvoting members to the board by 2019 1 Iowa Acts, chapter 154, sections 19 and 20. 2 Section 16.47: Conforms language describing home and 3 community-based services in this provision describing the 4 revolving loan program for those services to the definition 5 of what constitutes those services contained in Code section 6 231.4. 7 Section 24.4: Strikes vague language and inserts a specific 8 Code section reference to clarify which estimates must be filed 9 in advance of a meeting of a board of a municipality regarding 10 whether to certify or levy a tax. 11 Section 24.5: Replaces “herein” with a Code chapter 12 reference in language describing which revenue estimates must 13 be itemized in the manner prescribed by the state appeal board. 14 Section 29A.1: Replaces, in two places, the word “herein” 15 with “in this section” and adds a terminal comma to a series to 16 clarify the applicability of the definitions in this provision 17 to the military code. 18 Section 29A.4: Updates and replaces vague language with 19 specific language to clarify this provision describing the 20 organization, armament, and equipment and discipline of the 21 national guard, and state militia while on active duty. 22 Section 29A.20: Replaces vague language with specific 23 language and adds a terminal comma to a series to clarify this 24 provision describing the qualifications for officers of the 25 national guard. 26 Section 29A.74: Adds commas after a prefatory clause, and 27 before and after an independent clause, and updates language to 28 current style to improve the readability of language describing 29 reports relating to personnel listed as “missing” or “missing 30 in action”. 31 Section 29B.119: Replaces two references to “herein” with 32 more specific language to clarify this provision relating to 33 redress of injuries to private property by military forces. 34 Section 29C.24: Replaces the word “Act” with “section” in 35 -139- LSB 5940SC (14) 88 lh/ns 139/ 180
S.F. _____ this Code section containing the “Facilitating Business Rapid 1 Response to State-Declared Disasters Act” to conform to similar 2 internal referencing within the Code section. 3 Section 39.25: Replaces “sex” with “gender” and updates the 4 style to clarify the meaning of language prohibiting using a 5 person’s gender to disqualify the person from holding office. 6 Section 43.77: Adds the word “either” at the beginning of 7 the sentence to clarify that there is more than one option, and 8 adds a terminal comma to a series, in language describing when 9 a vacancy exists on a general election ballot. 10 Section 43.103: Replaces the word “said” with more specific 11 language in this provision describing certain duties of the 12 county commissioner of elections with respect to congressional 13 district conventions. 14 Section 43.112: Numbers unnumbered paragraphs to facilitate 15 citation and changes the word “to” to “through” to clarify the 16 applicability of the last reference within a string citation 17 in this provision regarding nomination of candidates for city 18 office by political parties. 19 Section 43.116: Adds the word “either” at the beginning 20 of a sentence to clarify that there is more than one option, 21 and adds a terminal comma to a series, in language describing 22 when a vacancy exists on a ballot for a special charter city 23 election. 24 Section 44.13: Conforms terminology used within language 25 describing certificates of nominations for filling vacancies 26 on ballots. 27 Section 46.2A: Replaces the word “currently” with the 28 effective date for 2019 Iowa Acts, chapter 89, division XIII, 29 in language relating to the terms of serving or previously 30 elected state judicial nominating commissioners which are not 31 affected by the passage of that Act, and adds a provision 32 which repeals this Code section after the transition of 33 commissioners’ terms is complete. 34 Section 46.5: Conforms language relating to prohibiting 35 -140- LSB 5940SC (14) 88 lh/ns 140/ 180
S.F. _____ persons appointed or elected to serve as state or district 1 judicial nominating commissioners from remaining in office 2 until a successor is appointed or elected to language appearing 3 elsewhere in the same Code subsection. 4 Section 49.31: Redesignates a subparagraph division as a 5 subparagraph to reflect the content of this provision relating 6 to determinations of the order of candidates of nonparty 7 political organizations on an election ballot. 8 Section 49.38: Replaces a vague reference to “hereinafter 9 provided” with “otherwise provided in this chapter” to clarify 10 where exceptions may be found to the prohibition against a 11 candidate’s name appearing more than once upon a ballot. 12 Section 49.49: Adds a reference to Code section 43.30, 13 which, like the other Code sections referenced, also authorizes 14 the distribution of a sample ballot to voters. 15 Section 49.58: Adds the words “any other” to conform to 16 other language and to correct an error made when a double 17 negative was eliminated by 2019 Iowa Acts, chapter 59. The 18 initial language of the subsection provides a process through 19 which certain candidates whose names did not appear on a 20 general election ballot may appear on a special election 21 ballot. 22 Section 49A.10: Updates the language relating to suits to 23 challenge the legality of constitutional amendments, to reflect 24 current Code style. 25 Section 49A.11: Strikes the word “such” and adds a specific 26 reference to Code section 49A.10 in language describing the 27 permissible parties in lawsuits challenging the legality of 28 constitutional amendments. 29 Section 50.8: Updates the language and eliminates a double 30 negative in the provision regarding the process for certifying 31 errors during the canvass of votes in an election. 32 Section 52.8: Repeals this Code section which permitted 33 the experimental use of optical scan systems. Code section 34 52.2 requires the use of optical scan systems after November 4, 35 -141- LSB 5940SC (14) 88 lh/ns 141/ 180
S.F. _____ 2008. A reference to this provision that is contained in Code 1 section 331.383 is also corrected in this division of the bill. 2 Section 69.2: Changes an internal reference from 3 “subsection” to “paragraph” to correct an error made when this 4 provision was renumbered by 2002 Iowa Acts, chapter 1134, 5 section 77. 6 Section 69.16: Changes an expression of a negative to 7 current Code style and adds a comma to set off a clause in 8 this provision establishing requirements relating to political 9 balance on state boards, commissions, and councils. 10 Section 76.1: Strikes the archaic word “hereafter” to 11 clarify language describing issues of bonds by certain 12 political subdivisions of the state. The language was 13 originally enacted in 1927 in 42 G.A., chapter 131, section 1. 14 Section 84A.1B: Adds the word “hourly” between the words 15 “entry-level” and “wage” to clarify language describing 16 the criteria which must be met for a job to qualify as a 17 “high-demand job” under certain apprenticeship and workforce 18 development scholarship and grant programs. 19 Section 84A.2: Corrects an internal reference to language 20 describing agreements under Code section 84A.4, subsection 21 2, paragraph “g”, subparagraph (2). Code sections 84A.2 and 22 84A.4 were rewritten by 2018 Iowa Acts, chapter 1143, and 23 the agreements formerly described in paragraph “h” are now 24 contained in paragraph “g” of Code section 84A.4. 25 Section 85.22: Strikes the word “hereunder” from language 26 describing how certain payments made for an injury or 27 occupational disease or occupational hearing loss are treated 28 for purposes of subrogation of claims and determinations of 29 third-party liability. 30 Section 85.42: Supplies a missing definite article and 31 updates the style of a description of circumstances under which 32 a surviving spouse is not considered a dependent of a deceased 33 employee for purposes of workers’ compensation. 34 Section 85A.5: Numbers paragraphs, adds a terminal comma 35 -142- LSB 5940SC (14) 88 lh/ns 142/ 180
S.F. _____ to a series, and replaces references to “herein” with “in this 1 chapter” to clarify this provision describing when occupational 2 disease compensation is payable. 3 Section 85A.6: Replaces a reference to “herein” with “in 4 this chapter” and adds a terminal comma to a series to clarify 5 language describing who is considered as a dependent under 6 occupational disease compensation law. 7 Section 85A.16: Replaces references to “herewith” and 8 “herein” with Code chapter references to clarify this provision 9 describing the applicability of workers’ compensation law to 10 cases of compensable occupational diseases. 11 Section 85A.18: Replaces a reference to “herein” with a 12 Code chapter reference to clarify this provision relating to 13 the filing of claims and providing of notice to employers of 14 disability or death due to occupational disease. 15 Section 96.7: Strikes the word “subsequent” from language 16 relating to computation of the current reserve fund ratio for 17 purposes of the unemployment compensation fund to correct an 18 error made in 2019 Iowa Acts, chapter 39, which struck language 19 describing past additions of amounts over a series of years. 20 Section 97B.7A: Strikes language exempting travel by 21 employees and board members for the Iowa public employees’ 22 retirement system from certain requirements that were 23 eliminated from Code section 8A.512 by 2011 Iowa Acts, chapter 24 127, section 43. 25 Section 99D.7: Restructures a series to clarify meaning 26 in a provision relating to the voluntary exclusion of persons 27 from certain gambling games or licensed wagering or gaming 28 establishments. 29 Section 99F.1: Changes the term “sports betting” to “sports 30 wagering” in the definition of “gambling game” to reflect the 31 changes made by 2019 Iowa Acts, chapter 132. 32 Section 99F.10: Deletes obsolete language used until July 33 1, 2016, to calculate the amounts to be charged as license and 34 state regulatory fees to persons licensed to conduct gambling 35 -143- LSB 5940SC (14) 88 lh/ns 143/ 180
S.F. _____ games or operate racing or gaming facilities, gambling boats, 1 or other places of business. 2 Section 123.36: Changes “a base annual fee” to “an annual 3 fee” to reflect the elimination of additional amounts that 4 previously had been added to a base liquor control license fee 5 for air common carriers by 2019 Iowa Acts, chapter 113. 6 Section 123.45: Strikes the words “wine, beer,” to reflect 7 the definition of “alcoholic beverage”, that includes wine 8 and beer, as well as a similar strike of the same language 9 by 2019 Iowa Acts, chapter 8, from this prohibition against 10 liquor control licensees engaging in certain activities at 11 their place of business. The word “However,” is also stricken 12 from language that permits a wholesaler of beer or wine to sell 13 certain one-time use disposable glassware on the premises of a 14 licensed establishment, because it is not an exception to the 15 Code section language which immediately precedes this language. 16 Section 123.90: Replaces an ambiguous reference to “herein” 17 with a Code chapter reference to clarify the applicability of 18 the penalty provisions for violations of Code chapter 123, 19 relating to alcoholic beverage control. 20 Section 123.188: Changes the word “and” to “which” to 21 clarify the relationship between the antecedent reference to 22 “application” and a requirement for accompaniment of a fee 23 in this provision relating to applications for wine carrier 24 permits. 25 Section 124.201: Replaces a reference to “above” with a 26 Code subsection reference to improve referencing within this 27 provision describing the factors that are to be considered by 28 the board of pharmacy when making recommendations for changes 29 to the schedules of controlled substances that appear in Code 30 chapter 124. 31 Section 135.42: Replaces an ambiguous reference to “herein” 32 with a Code subchapter reference to clarify this provision 33 relating to unlawful use of information and data furnished for 34 studies for the purposes of reducing morbidity or mortality 35 -144- LSB 5940SC (14) 88 lh/ns 144/ 180
S.F. _____ resulting from medical care or treatment. 1 Section 135.74: Deletes obsolete language relating to 2 the commencement of certain uniform financial reporting by 3 hospitals and health care facilities. 4 Sections 144A.7, 144F.1, and 144F.6: Adds references to 5 Code chapter 232D, which provides for the appointment of 6 guardians for minors, to these provisions relating to the 7 powers and duties of guardians, to reflect the changes made by 8 2019 Iowa Acts, chapter 56. 9 Sections 152.2 and 153.33B: Corrects a reference and other 10 language relating to the appointment of the executive directors 11 for the boards of nursing and dentistry to reflect the changes 12 made by 2019 Iowa Acts, chapter 85. 13 Section 159.23: Updates language and replaces ambiguous 14 references to “herein” with Code chapter and section references 15 to clarify this provision establishing a special fund for the 16 inspection and grading of farm products. 17 Section 163.51: Replaces a reference to a provision that 18 was repealed by 2019 Iowa Acts, chapter 142, with a reference 19 to a definition of the term “record” that contains the same 20 language as the repealed provision, in this provision relating 21 to security measures established to control foot and mouth 22 disease outbreaks. 23 Section 176A.4: Replaces an ambiguous reference to 24 “hereinafter” with a Code chapter reference and updates the 25 style of this Code section establishing county agricultural 26 extension districts. 27 Section 176A.8: Deletes the redundant words “and shall” 28 and “and shall also”, adds terminal commas to two series, and 29 updates archaic language with more specific language to improve 30 the readability of this provision relating to the powers and 31 duties of county agricultural extension councils. 32 Section 176A.9: Updates the style and language, replaces 33 a comma with an “and”, and adds terminal commas to two series 34 used in this provision that limits the powers and activities of 35 -145- LSB 5940SC (14) 88 lh/ns 145/ 180
S.F. _____ county extension councils to improve readability. 1 Section 189.10: Repeals this provision which establishes 2 packaging requirements based on typeface criteria which were 3 stricken from Code section 189.9 by 2012 Iowa Acts, chapter 4 1095, section 71. 5 Section 200.15: Strikes an ambiguous reference to “as 6 herein provided”, replaces another ambiguous reference with 7 a Code chapter reference, and updates the language of this 8 provision relating to revocation or refusal of registrations or 9 licenses for commercial fertilizers or soil conditioners. 10 Sections 204.9 and 204.15: Conforms language to similar 11 language elsewhere in these provisions establishing 12 requirements relating to the production of hemp. 13 Section 214A.12: Replaces an ambiguous reference to 14 “herein” with a Code chapter reference in language relating to 15 permits for importation of petroleum products for industrial 16 use. 17 Section 216A.135: Updates language to conform to the 18 content of this provision describing duties of the justice 19 advisory board. 20 Section 216A.136: Updates a string citation to eliminate 21 references to Code sections which do not appear to pertain to 22 juvenile court records or the maintaining of information in 23 this provision relating to the access to records by the Iowa 24 statistical analysis center. 25 Sections 218.68 and 218.70: Substitutes, for the words 26 “said money”, specific Code section references to clarify 27 language relating to transmission, deposit, and repayment of 28 moneys from the estates of deceased residents of institutions 29 that are under the control of the department of human services. 30 Sections 222.7 and 222.84: Changes the word “to” to 31 “through” to clarify the applicability of references 32 within string citations in these provisions governing the 33 hospitalization of persons with intellectual disabilities. 34 Section 222.34: Adds a reference to Code chapter 232D, 35 -146- LSB 5940SC (14) 88 lh/ns 146/ 180
S.F. _____ which provides for the appointment of guardians for minors, to 1 this provision relating to guardianships for a person with an 2 intellectual disability to reflect the changes made by 2019 3 Iowa Acts, chapter 56. 4 Section 225C.2: Changes “and” to “or” and updates language 5 in this exclusion of certain disorders from the definition of 6 the term “serious emotional disturbance” for purposes of the 7 Code chapter governing mental health and disability services. 8 Section 225C.52: Strikes redundant language from this 9 provision describing the reporting responsibilities of the 10 children’s behavioral health system state board. 11 Section 226.31: Changes the word “to” to “through” to 12 clarify the applicability of references within a string 13 citation, and adds a comma to set off an introductory clause, 14 in this provision describing court proceedings for the transfer 15 of persons with mental illness who are deemed a danger to 16 others to the Iowa medical classification center of the 17 department of corrections. 18 Section 229.1: Changes the word “of” to “causing” to clarify 19 the language establishing the criteria used to describe serious 20 mental impairment for purposes of involuntary hospitalization 21 proceedings. 22 Section 229.13: Adds “oral medicine or” to a paragraph 23 relating to provision of antipsychotic medication to conform 24 to similar changes made elsewhere in this same Code section by 25 2018 Iowa Acts, chapter 1056, section 11. 26 Section 229.36 and 229.38: Changes the word “to” to 27 “through” to clarify the applicability of references within 28 string citations in these provisions imposing limitations 29 on the number of certain review proceedings relating to 30 and treatment of patients hospitalized for serious mental 31 impairment. The word “inclusive” is also stricken in Code 32 section 229.36. 33 Section 232.99: Changes the word “to” to “through” to 34 clarify the applicability of references within a string 35 -147- LSB 5940SC (14) 88 lh/ns 147/ 180
S.F. _____ citation in this provision describing the types of dispositions 1 that may be entered in child in need of assistance proceedings. 2 Section 232.103: Changes the word “to” to “through” to 3 clarify the applicability of references within a string 4 citation in this provision describing actions that may be taken 5 by the court after vacating a dispositional order in child in 6 need of assistance proceedings. 7 Section 232.166: Changes the word “to” to “through” to 8 clarify the applicability of references within a string 9 citation in this provision relating to the applicability of the 10 interstate compact on the placement of children to other Code 11 provisions governing juvenile justice and minors. 12 Section 232.178: Deletes obsolete language in this 13 provision relating to voluntary foster care placement of 14 children. 15 Section 232D.105: Corrects a Code section reference to the 16 Code section within Code chapter 633 that provides for the 17 appointment of a conservator for a minor in language directing 18 a reader to the probate code in the event that a conservator, 19 not a guardian, for a minor is required. 20 Section 235.6: Repeals an archaic short title for this Code 21 chapter relating to child welfare to reflect the enactment of 22 new provisions and amendments which were not contained in the 23 original 1937 enactment. 24 Section 249A.4: Relocates an unnumbered paragraph 25 to reunite the language relating to judicial review of 26 departmental decisions with language regarding the provision of 27 a fair hearing. The paragraph which is moved was originally 28 enacted in 1967 by 62 G.A., chapter 223, and was inadvertently 29 separated from the other language, currently contained 30 in subsection 11 of this Code section, in 1989, when new 31 subsections were enacted and the connection between the two 32 unnumbered paragraphs was missed in codification. 33 Section 249L.2: Reenacts definitional language 34 inadvertently stricken by the strike of the underlying 35 -148- LSB 5940SC (14) 88 lh/ns 148/ 180
S.F. _____ enactments by 2019 Iowa Acts, chapter 85, section 105, and 1 includes the amendments enacted in 2019 Iowa Acts, chapter 2 85, section 103, in this definitions section of the Code 3 chapter establishing the nursing facility quality assurance 4 assessment program. The amendments to this Code section 5 will be implemented only if the department of human services 6 received approval of the Medicaid state plan amendment. 7 Section 252B.2: Changes the word “to” to “through” to 8 clarify the applicability of references within a string 9 citation in this provision establishing the child support 10 recovery unit of the department of human services. 11 Section 252H.5: Strikes an unnumbered paragraph relating to 12 the charging of fees to conform to the strike of fee language 13 by 2019 Iowa Acts, chapter 112, section 3, in this provision 14 relating to fees and cost recovery for review of support orders 15 by the child support recovery unit of the department of human 16 services. 17 Section 252H.12: Strikes obsolete language relating to 18 orders for child support for certain children beyond October 19 13, 1993, in this provision relating to the review and 20 adjustment of support orders by the child support recovery unit 21 of the department of human services. 22 Section 256.7: Adds the word “content” after the word “core” 23 within the phrase “Iowa core standards” to conform to other 24 language within this Code section describing the duties of the 25 state board of education. 26 Section 260I.3: Strikes a reference to consultation with 27 the economic development authority from this provision relating 28 to adoption of rules establishing eligibility criteria for 29 persons applying to receive tuition assistance under the gap 30 tuition assistance program to reflect the strike of similar 31 language from Code section 260I.11 by 2019 Iowa Acts, chapter 32 135. 33 Section 261.130: Strikes a reference to Code section 84A.6, 34 subsection 4, which was stricken by 2018 Iowa Acts, chapter 35 -149- LSB 5940SC (14) 88 lh/ns 149/ 180
S.F. _____ 1067, section 9, in this provision relating to adoption of 1 rules for the skilled workforce shortage tuition grant program. 2 Section 261A.24: Changes the word “to” to “through” to 3 clarify the applicability of references within a string 4 citation in this provision describing the duties and powers of 5 the higher education loan authority. 6 Section 261E.8: Corrects an incorrect subsection reference 7 to conform to Code section content in this provision describing 8 information and data reporting required of community colleges 9 which enter into contracts to provide educational programming 10 for high school students. 11 Sections 262.9, 262.23, 262.24, 262.31, 262.32, 262.37, 12 262.38, 262.39, 262.41, 262.42, 262.45, 262.46, 262.48, 13 262.49, 262.51, and 262.52: Updates archaic language and 14 replaces vague internal references with specific Code section, 15 subsection, or subchapter references to clarify the meaning of 16 these provisions describing the powers and bonding authority of 17 the state board of regents over the institutions under their 18 control. 19 Section 262.68: Divides this language providing for the 20 establishment of speed limits at institutions under the control 21 of the state board of regents, numbers the resultant unnumbered 22 paragraphs, and updates vague internal references with specific 23 subsection references to clarify and improve readability. 24 Section 272.15: Divides this provision relating to 25 reporting of information regarding disciplinary action taken 26 against school district or area education agency employees, 27 and numbers the resultant unnumbered paragraphs to enumerate 28 and clarify language describing the events which trigger the 29 reporting. 30 Sections 273.2 and 273.3: Changes the word “to” to “through” 31 and changes references to Code section 273.9 to “273.8” to 32 clarify the applicability of references within string citations 33 in these provisions establishing and describing the powers and 34 duties of area education agencies. 35 -150- LSB 5940SC (14) 88 lh/ns 150/ 180
S.F. _____ Section 277.3: Changes the word “to” to “through” to clarify 1 the applicability of references within a string citation in 2 this provision making Code chapters governing the conduct of 3 elections also applicable to the conduct of school elections. 4 Section 279.50A: Adds the word “or” to clarify alternatives 5 within language describing when certain educational instruction 6 agreements between school districts and community colleges may 7 be used to meet education program requirements for mathematics 8 and science. 9 Section 282.3: Replaces the word “herein” with Code section 10 references to clarify the meaning of language relating to age 11 requirements for public school attendance. 12 Section 303.21: Moves language establishing signature 13 requirements to improve the readability of language describing 14 the petition process for establishment of historical districts. 15 Section 303.34: Changes the word “to” to “through” to 16 clarify the applicability of references within a string 17 citation, and replaces a pronoun with the applicable noun, in 18 language describing the process for establishment of historical 19 districts. 20 Section 306.13: Replaces “said” with language clarifying 21 what is referenced in this provision relating to the notice 22 requirements applicable to road repair and modification. 23 Section 306.24: Replaces “herein” in language relating to 24 the sale of land that has been acquired by the state, or a 25 political subdivision of the state, for purposes of road repair 26 or modification. 27 Section 306A.6: Divides a paragraph and long sentences 28 based on content, numbers the resulting unnumbered paragraphs, 29 updates punctuation, and changes the word “to” to “through” 30 to clarify the applicability of references within a string 31 citation in this provision relating to street or highway 32 intersections and controlled-access facilities. 33 Section 307.48: Numbers unnumbered paragraphs in this 34 provision relating to employees of the department of 35 -151- LSB 5940SC (14) 88 lh/ns 151/ 180
S.F. _____ transportation who receive longevity pay. 1 Sections 309.24, 309.27, 309.37, 309.47, and 309.51: 2 Replaces nonspecific or ambiguous language with specific 3 internal references to clarify these provisions relating to 4 construction of and funding for secondary roads. Language 5 preceding a listing of the contents of certificates is updated 6 to clarify that all of the listed criteria must be included. 7 Section 312.3: Strikes obsolete language relating to 8 apportionment of road use tax funds to the secondary road fund 9 for the fiscal year ending June 30, 2006. 10 Sections 313.4, 313.20, 313.24, and 313.29: Replaces 11 ambiguous references to “herein”, “said”, “hereunder”, and 12 “thereunder” and updates language and punctuation to clarify 13 and improve readability of these provisions relating to primary 14 roads. 15 Section 321.1: Replaces the word “hereunder” with a Code 16 chapter reference to clarify the meaning of the definition of 17 “foreign vehicle” for purposes of the Code chapter regulating 18 motor vehicles and motor vehicle operation. 19 Section 321.187: Strikes a redundant “shall”, and adds the 20 word “either” and “be”, to clarify and improve the grammar 21 of language describing requirements relating to third-party 22 skills test examiners employed to test the driving skills of 23 applicants for commercial driver’s licenses. 24 Section 321.258: Replaces “and/or” with “or” in language 25 establishing requirements for traffic-control lighting to 26 conform to current Code style. 27 Section 321.378: Changes the word “to” to “through” and 28 eliminates a self-reference to clarify the applicability of 29 references within a string citation in this provision relating 30 to the transportation of children to and from school. 31 Section 321.380: Changes the word “to” to “through” to 32 clarify the applicability of references within a string 33 citation in this provision requiring peace officers to enforce 34 provisions relating to transportation of students to and from 35 -152- LSB 5940SC (14) 88 lh/ns 152/ 180
S.F. _____ school. 1 Section 321.431: Replaces “above” and “hereunder” with 2 specific Code section and subsection references to clarify 3 language imposing requirements for brakes on motor vehicles. 4 Section 321.463: Deletes obsolete language from a 5 definition of “fence-line feeder, grain car, or tank wagon”. 6 Section 321.480 and 321.481: Changes the word “to” to 7 “through” and corrects a self-reference to clarify the 8 applicability of references within string citations in these 9 provisions relating to enforcement of motor vehicle laws. 10 Section 321.488: Replaces the word “herein” with a Code 11 chapter reference to clarify language indicating that the 12 procedures contained in Code chapter 321 are not the exclusive 13 means for arresting and prosecuting persons who have committed 14 criminal offenses. 15 Section 321.504: Replaces the word “said” with more 16 specific language to update and clarify language describing an 17 optional method of notifying defendants in foreign states of 18 the pendency of an action or proceeding for damages stemming 19 from the operation of a motor vehicle. 20 Section 321.511: Replaces the word “herein” with Code 21 section references to clarify language relating to the effect 22 of the dismissal of an action for damages against a nonresident 23 after the nonresident has entered a general appearance. 24 Section 321A.11: Changes the word “to” to “through” to 25 clarify the applicability of references within a string 26 citation in language prohibiting the use of certain actions 27 taken under provisions of the Code chapter governing motor 28 vehicle financial responsibility as evidence in civil lawsuits 29 for damages. 30 Section 321A.13: Strikes the word “hereinbefore” and 31 updates archaic usage to current Code style in this provision 32 describing how a person whose operating privilege has been or 33 is about to be suspended may be relieved from or avoid that 34 suspension. 35 -153- LSB 5940SC (14) 88 lh/ns 153/ 180
S.F. _____ Sections 321A.14, 321A.26, and 321A.31: Replaces the words 1 “hereinafter”, “hereunder”, and “herein” with Code chapter and 2 subchapter references in these provisions governing suspensions 3 of operating privileges under the Code chapter governing motor 4 vehicle financial responsibility. In Code section 321A.31, 5 archaic language is also updated to current Code style. 6 Section 322.13: Replaces the words “hereto”, “herewith”, 7 and “thereof” with more specific references, and divides 8 a long sentence into two, to update and clarify language 9 relating to the prescribing of rules relating to motor vehicle 10 manufacturers, distributors, wholesalers, and dealers. 11 Section 322.15: Replaces the word “herein” with a Code 12 chapter reference to clarify language excluding banks, credit 13 unions, and trust companies from the operation of the Code 14 chapter governing motor vehicle manufacturers, distributors, 15 wholesalers, and dealers. 16 Section 322.19: Corrects terminology and a Code section 17 reference to reflect the repeal and replacement of most of the 18 substance of former Code chapter 516E with Code chapter 523C 19 by 2019 Iowa Acts, chapter 142, in this provision describing 20 what can be included within an amount financed in a retail 21 installment transaction for the purchase of a motor vehicle. 22 Section 322.32: Replaces the word “hereunder” with 23 Code chapter references to clarify language relating to 24 applicability of this Code chapter governing motor vehicle 25 manufacturers, distributors, wholesalers, and dealers, to 26 contracts between licensees. 27 Section 322C.4: Removes a redundant “shall” from a series 28 relating to surety bonds that must be furnished by applicants 29 for a license as a towable recreational vehicle dealer. 30 Sections 322C.14 and 322C.15: Adds the words “or is 31 due to” at the beginning of two series describing events 32 over which a dealer has no control, to clarify the notice 33 requirements applicable to certain towable recreational vehicle 34 manufacturer-dealer agreements. 35 -154- LSB 5940SC (14) 88 lh/ns 154/ 180
S.F. _____ Section 322C.21: Strikes the word “additional”, and 1 moves a qualifying phrase, to improve the readability of 2 language relating to proceedings for issuance of a temporary 3 or permanent injunction for violations of this Code chapter 4 governing towable recreational vehicle dealers, manufacturers, 5 and distributors. 6 Section 327F.27: Changes the word “insure” to “ensure” to 7 clarify a railroad corporation’s responsibilities regarding 8 vegetation on railroad property. 9 Sections 330.4 and 330.24: Changes the word “to” to 10 “through” to clarify the applicability of references 11 within string citations in these provisions relating to the 12 establishment of airports. The word “such” is also replaced 13 with the word “the” in Code section 330.4 to update the Code 14 language. 15 Section 331.322: Changes the word “to” to “through” to 16 clarify the applicability of references, and eliminates 17 references to Code sections 69.13 and 69.14 which pertain to 18 congressional and state offices, within a string citation in 19 this provision relating to the filling of vacancies in county 20 offices. 21 Section 331.383: Changes the word “to” to “through” to 22 clarify the applicability of references within string citations 23 in this provision describing the powers and duties of county 24 boards of supervisors with respect to elections. 25 Section 331.390: Redesignates this language relating to the 26 membership of mental health and disability services regional 27 administrator governing boards to improve readability, and 28 clarifies language describing the entity responsible for 29 designating an alternate member of the board if the original 30 supervisor member is not able to serve. 31 Section 331.397A: Adds the word “not” to improve the clarity 32 of language relating to eligibility requirements and delivery 33 of children’s behavioral health core services. 34 Sections 331.449 and 331.470: Repeals these obsolete 35 -155- LSB 5940SC (14) 88 lh/ns 155/ 180
S.F. _____ provisions which preserved the authority of counties to issue 1 general obligation bonds under laws that were repealed by 1981 2 Iowa Acts, chapter 117, for projects or proceedings commenced 3 prior to July 1, 1981. 4 Section 331.606: Repeals obsolete language relating to the 5 transfer or disposal of records filed with the county recorder 6 and pertaining to the sale and registration of weapons. 7 Section 335.4: Deletes redundant language from language 8 describing county zoning authority. 9 Section 335.10: Numbers unnumbered paragraphs and replaces 10 the word “therein” with specific terminology to clarify the 11 meaning of this Code section describing the authority of boards 12 of adjustment. 13 Section 335.21: Replaces the word “it” and “same” with more 14 specific language and divides a long sentence into two, in 15 this provision describing the process for judicial review of 16 decisions made by boards of adjustment. 17 Section 347.9: Clarifies the circumstances under which an 18 exception to the regular selection process and the terms of 19 office applicable to county public hospital trustees applies, 20 to conform to the language of the exception. 21 Section 347.25: Adds the words “shall be” to improve the 22 grammar and clarify the applicable signature requirements in 23 this provision relating to nomination and election of county 24 public hospital trustees. 25 Sections 349.6 and 349.8: Replaces the words “said” 26 and “such” with more specific language to clarify language 27 describing the process for the selection of a newspaper as an 28 official newspaper for a county. 29 Section 357.3: Replaces a reference to “hereinafter” with 30 a Code chapter reference to clarify the assessments which may 31 be used to cover the cost of installing the elements of a water 32 system within a benefitted water district. 33 Section 357.26: Replaces the word “law” with “chapter” 34 to clarify language describing the duties of trustees of 35 -156- LSB 5940SC (14) 88 lh/ns 156/ 180
S.F. _____ benefitted water districts. 1 Section 357.27: Corrects subject matter agreement, updates 2 language, and adds a terminal comma to a series to clarify 3 this provision relating to the procedure applicable to use of 4 publicly owned property by a benefitted water district. 5 Section 357A.20: Changes the word “to” to “through” to 6 clarify the applicability of references within a string 7 citation in this provision governing the operation of rural 8 water systems in water districts incorporated upon the petition 9 of a nonprofit corporation. 10 Section 358.2: Updates the language, and replaces 11 nonspecific references to “thereon” and “hereinafter” with 12 specific language, to clarify and improve the readability of 13 this provision relating to the territory to be included within 14 a sanitary district. 15 Section 358.23: Replaces the word “herein” with a Code 16 chapter reference, and changes the word “to” to “through” 17 to clarify the applicability of references within a string 18 citation, in this provision governing appeals from actions 19 taken relating to sanitary districts by boards of supervisors 20 or boards of trustees to the district court. 21 Section 358.25: Changes the word “to” to “through” to 22 clarify the applicability of references within a string 23 citation in this provision governing the power of sanitary 24 districts to issue revenue bonds. 25 Section 358.30: Adds the words “by a city” to the text of 26 the first sentence of this Code section to clarify that the 27 Code section relates to compensation of losses to a sanitary 28 district from annexation by a city. 29 Section 359.6: Replaces a reference to “hereinafter” to 30 a Code subchapter reference to clarify when petitions to 31 divide a township into two may be presented to a county board 32 of supervisors. Use of the word “subchapter” conforms to a 33 change in division II of the bill directing the Code editor to 34 designate unnumbered Code chapter headings as numbered Code 35 -157- LSB 5940SC (14) 88 lh/ns 157/ 180
S.F. _____ subchapters. 1 Section 359.15: Updates and clarifies language relating to 2 the granting of a name change for a township after a hearing on 3 a petition to change the name. 4 Sections 359.30, 359.31, 359.32, and 359.33: Replaces 5 the word “they” with “township trustees”, and updates other 6 language, to clarify these provisions relating to upkeep of 7 cemeteries and parks within the boundaries of a township. 8 Section 359.37: Restructures and renumbers language within 9 this provision to enumerate the powers of trustees, boards of 10 directors, or other officers having custody and control of 11 cemeteries, and updates other language to improve readability. 12 Section 376.1: Numbers unnumbered paragraphs, and changes 13 “to” to “through” to clarify the applicability of references 14 within string citations, in this provision relating to the 15 holding of city elections. 16 Section 376.3: Changes “to” to “through” to clarify the 17 applicability of references within string citations in this 18 provision relating to nominations of candidates for city 19 office. 20 Section 386.7: Replaces the word “it” with “the 21 improvement” to update the style and to clarify this provision 22 relating to municipal contracts for the construction of 23 self-liquidating improvements. 24 Section 388.3: Changes the word “may” to “shall” in a 25 nonpermissive prohibition against city officers or employees 26 serving on a city utility board. 27 Section 388.9: Updates language relating to the recording 28 of closed sessions of the governing bodies of city utilities or 29 combined city utilities. 30 Section 390.3: Numbers unnumbered paragraphs and changes 31 “to” to “through” to clarify the applicability of references 32 within string citations in this provision relating to hearings 33 regarding joint agreements for ownership, planning, financing, 34 operation, and maintenance of electric generating facilities. 35 -158- LSB 5940SC (14) 88 lh/ns 158/ 180
S.F. _____ Section 400.14: Replaces the word “herein” with a Code 1 section reference in this provision relating to the civil 2 service status of police and fire chiefs. 3 Section 403.2: Replaces the word “herein” with a Code 4 chapter reference and adds terminal commas to several series in 5 language stating the findings and declarations regarding the 6 need to eliminate slums and blighted areas in this state. 7 Section 403.4: Updates language to current style, and 8 strikes a redundant “herein”, in language prohibiting a 9 municipality from exercising powers under the Code chapter 10 relating to urban renewal unless the governing body has adopted 11 a resolution meeting certain criteria. 12 Section 403.9: Replaces the word “herein” with Code chapter 13 references and adds terminal commas to two series in language 14 describing the authority of municipalities to issue bonds in 15 connection with urban renewal projects. 16 Section 403.14: Replaces a reference to “herein” with a 17 Code section reference in language describing exercise of urban 18 renewal powers by municipalities. 19 Section 403.16: Replaces references to terms that are 20 not defined, but which are described or proscribed, and 21 adds terminal commas to several series within this provision 22 prohibiting public officials or municipal employees from 23 voluntarily acquiring a personal interest in property which 24 is the subject of an urban renewal agency, and requiring the 25 disclosure of, and not taking official action with respect to, 26 interests that are involuntarily acquired. 27 Section 414.13: Replaces the words “above mentioned” with 28 language specifying where the powers referenced are enumerated 29 in this provision describing the exercise of decision-making 30 powers by boards of adjustment. 31 Section 420.43: Replaces the word “herein” with a 32 Code section reference to clarify language limiting the 33 applicability of certain terms that are defined in this Code 34 section. 35 -159- LSB 5940SC (14) 88 lh/ns 159/ 180
S.F. _____ Section 420.224: Changes “to” to “through” and eliminates 1 a self-reference to clarify the applicability of references 2 within a string citation, and strikes obsolete language, in 3 this provision limiting a city’s authority to resell property 4 which may be sold at tax sale to the city. 5 Section 420.226: Replaces a reference to “hereby” with 6 a Code subchapter reference in language authorizing the city 7 clerk to act on behalf of a special charter city in making 8 purchases at tax sales. 9 Section 420.228: Divides long sentences and replaces 10 “it” and “such” with more specific language and a definite 11 article to update the style and improve the readability of this 12 provision authorizing special charter cities to compromise, 13 settle, or adjust delinquent taxes or special assessments. 14 Section 420.235: Divides a long sentence into two, divides 15 the entire Code section, strikes redundant language, and 16 numbers the resultant unnumbered paragraphs to update the 17 style and improve the readability of this provision governing 18 receipts from tax collectors or treasurers of special charter 19 cities for payment of taxes by a taxpayer. 20 Section 420.238: Replaces a reference to “hereinafter” with 21 a Code chapter reference, divides a long sentence, and updates 22 archaic language to clarify this provision governing redemption 23 of property sold for taxes or special assessments by special 24 charter cities. 25 Section 422.19: Replaces a reference to “herein” with a Code 26 subchapter reference to clarify the meaning of this provision 27 describing the ability of the state to impose income tax on 28 income earned by nonresidents. 29 Section 422.20: Updates and clarifies nonspecific 30 references in language imposing confidentiality requirements 31 on present or former state officers, employees, or agents who 32 handle or have handled tax returns and any related information. 33 Section 422.21: Replaces a reference to “herein” with a 34 Code section reference to clarify the meaning of this provision 35 -160- LSB 5940SC (14) 88 lh/ns 160/ 180
S.F. _____ relating to the provision of forms and the creation of income 1 tax schedules by the department of revenue. 2 Section 422.33: Replaces a reference to “hereinbefore” with 3 specific subsection references to clarify the meaning of this 4 provision relating to the process for objections and review 5 of objections to allocation and apportionment of income under 6 corporate taxation provisions. 7 Sections 422.38 and 422.39: Changes “to” to “through” to 8 clarify the applicability of references within string citations 9 in these provisions outlining the statutes applicable to 10 corporations and corporate taxation. 11 Section 423.3: Strikes an obsolete provision relating to 12 sales taxes imposed on goods, wares, or services furnished 13 between July 1, 1998, and December 31, 2001, for hospital 14 construction contracts that were entered into prior to December 15 31, 1999, and adds a reference to “, Code 2017,” after a 16 reference to definitions of the terms “competitive local 17 exchange service provider” and “local exchange carrier” that 18 were contained in a Code section that was repealed by 2018 Iowa 19 Acts, chapter 1160, section 32. 20 Section 423F.3: Internally redesignates a Code subsection 21 to place all language that relates to the definition of the 22 term “school infrastructure” within one paragraph, and the 23 balance of the more generally applicable language in other 24 paragraphs, in this provision relating to the use of revenues 25 from the secure an advanced vision for education fund by school 26 districts. 27 Section 425.8: Adds the indefinite article “a” before 28 the words “verified statement and designation” to conform 29 this language relating to forms used for the statement and 30 designations of homestead by a taxpayer to conform this 31 provision to similar language contained in Code section 425.2. 32 Section 425.16: Changes “to” to “through” to clarify the 33 applicability of references within a string citation within 34 this provision describing eligibility for extraordinary 35 -161- LSB 5940SC (14) 88 lh/ns 161/ 180
S.F. _____ property tax credits. 1 Sections 434.10 and 434.12: Changes “to” to “through” to 2 clarify the applicability of references within string citations 3 in these provisions relating to reporting and taxation of 4 railroad property. 5 Section 434.18: Strikes an unnecessary “hereafter” from 6 language relating to the filing of plats of new or extensions 7 of existing railway lines. The provision, which was enacted in 8 1902 by 29 G.A., chapter 60, includes an initial date certain 9 of August 1902, in the first sentence of the Code section. 10 Section 437A.3: Restructures a series of citations to Code 11 chapters and Code sections to clarify that the citation to Code 12 chapter 437 is to that Code chapter as it existed in Code 1997, 13 in this definition of the term “centrally assessed property 14 tax”. 15 Section 452A.66: Replaces the word “therein” with a 16 reference to Code section 422.26 to clarify the relationship 17 between language eliminating the need for recording to prior 18 language relating to liens against personal property for motor 19 fuel tax due. 20 Section 453A.20: Replaces the words “and/or” with “or” 21 to conform language, relating to subpoenas for witnesses or 22 papers in proceedings relating to regulation and taxation of 23 cigarettes, tobacco, and alternative nicotine products and 24 vapor products, to current Code style. 25 Section 453A.33: Replaces the word “hereinabove” with a 26 specific Code section reference to clarify the meaning of this 27 Code section providing that seizure and disposal of cigarettes, 28 tobacco products, and other property is not a defense to a 29 criminal prosecution or civil liability for acts or omissions 30 in violation of the requirements of Code chapter 453A. 31 Section 453A.44: Replaces the word “herein” with a Code 32 section reference in this provision relating to payment of fees 33 for licenses as a distributor or subjobber of tobacco products. 34 Section 455B.137: Replaces the word “herein” with a Code 35 -162- LSB 5940SC (14) 88 lh/ns 162/ 180
S.F. _____ section reference in this provision relating to confidentiality 1 of information received by the department of natural resources. 2 Section 455B.340: Changes a reference to “said part” to 3 “this part 2” to conform to other language within this Code 4 section, and to clarify the applicability of language relating 5 orders by the department of natural resources, or the director, 6 to the serious misdemeanor penalty and injunctive remedy 7 provisions. 8 Section 455B.476: Adds a comma after a prefatory clause, 9 changes “which” to “that”, deletes an incorrect comma before 10 the word “and” within a clause to clarify language relating 11 to orders issued by the director of the department of natural 12 resources to persons violating regulations and statutory 13 requirements pertaining to underground storage tanks. 14 Section 455D.23: Replaces “such compliance order is issued” 15 with “a compliance order issued under this section” to clarify 16 the nature of compliance orders which a person, who is issued 17 the order, may contest through the contested case procedures 18 found in the Iowa administrative procedures Act, Code chapter 19 17A. 20 Section 455E.11: Deletes a subparagraph relating to a 21 1987-1988 appropriation to the agriculture management account 22 of the groundwater protection fund for projects that took place 23 from July 1, 1988, through July 1, 1990. 24 Section 456.5: Strikes the words “the aforesaid”, and adds 25 a comma after a prefatory clause, to clarify the extent of the 26 authority of the state geologist and the geologist’s assistants 27 and employees to enter onto any property to conduct geologic 28 investigations. 29 Section 458A.11: Strikes a comma and adds the word “and” to 30 clarify language within a series that describes the contents 31 of a notice relating to oil, gas, or other minerals that are 32 issued by the department of natural resources. 33 Section 461A.31: Updates style and divides a long sentence 34 to improve the readability of this provision relating to 35 -163- LSB 5940SC (14) 88 lh/ns 163/ 180
S.F. _____ recommendation and approval of the sale of islands in meandered 1 streams or lakes or waters bordering the state. 2 Section 461A.77: Replaces the word “hereunder” with a Code 3 subchapter reference to clarify the meaning of a prohibition 4 against the construction of water recreational areas near state 5 borders. 6 Section 462A.27: Changes “to” to “through” to clarify the 7 applicability of references within a string citation within 8 this provision requiring the removal of certain nonpermanent 9 structures from public waters, ice, or land. 10 Section 466B.2: Strikes a definition of the term 11 “department” which is not used in this Code chapter relating 12 to surface water protection, flood mitigation, and watershed 13 management. 14 Section 468.20: Updates language, divides a long sentence, 15 and replaces a reference to “hereinbefore” with specific Code 16 section references, to clarify language relating to hearings 17 relating to petitions for the establishment of levee and 18 drainage districts. 19 Section 468.22: Divides a very long sentence into two, 20 divides the Code section into two, numbers and letters the 21 resulting unnumbered paragraphs, and updates the remaining 22 language to improve the readability of this provision regarding 23 the establishment of, vacation of, or further investigation 24 relating to a petition for establishment of a levee and 25 drainage district. 26 Section 468.75: Adds the word “and” before the last item 27 in a series describing the form for bonds issued by levee and 28 drainage districts. 29 Section 468.184: Updates language in an archaic transition 30 provision, relating to land classification and assessment 31 within levee and drainage districts, to clarify a reference 32 to “foregoing” and to substitute language relating to 33 effectiveness of this Code section. 63 G.A., chapter 260, 34 sections 18 and 22, were approved on April 30, 1969, and took 35 -164- LSB 5940SC (14) 88 lh/ns 164/ 180
S.F. _____ effect on July 1, 1969, but paragraph “a” of the Code section 1 applies beginning July 1, 1968. 2 Section 468.293: Replaces a reference to “hereinbefore” 3 with a part reference to clarify the procedure applicable when 4 a levee and drainage district is proposed that extends into two 5 or more counties, but one or more of the boards of supervisors 6 fail to take action on the petition. 7 Section 468.396: Replaces a reference to “herein” with a 8 Code part reference, divides a long sentence, and replaces the 9 word “said section” with specific Code section references, to 10 clarify and improve the readability of this provision imposing 11 limitations on costs and related taxes imposed for payment of 12 costs of improvements made in a levee and drainage district. 13 Section 468.557: Replaces the word “aforesaid” with a 14 reference to Code section 468.556 to clarify and facilitate 15 hypertext linkage in this provision relating to the effect of 16 extensions of time for payment of assessments, or installment 17 payments of assessments, in levee and drainage districts. 18 Section 468.626: Replaces the word “herein” with a 19 reference to Code section 468.626 to clarify and improve 20 hypertext linkage in this provision describing how a person who 21 has established a private system of drainage on their land may 22 make that system a matter of record. 23 Section 468.627: Replaces the word “herein” with a Code 24 subchapter reference to clarify which drainage records are not 25 considered as an essential part of the title to private land. 26 Section 473.1: Strikes a definition of the term 27 “commission” which is not used in this Code chapter pertaining 28 to energy development and conservation. 29 Section 474.2: Updates language to improve the readability 30 of this provision barring common carrier or public utility 31 employees, or persons owning property in a common carrier 32 or public utility, from serving as a member or as the chief 33 operating officer of the utilities board of the department of 34 commerce. 35 -165- LSB 5940SC (14) 88 lh/ns 165/ 180
S.F. _____ Section 476.2: Replaces the word “hereinafter” with a Code 1 section reference in this provision describing the powers and 2 authority of the utilities board of the department of commerce. 3 Section 476.4: Replaces a reference to “herein” with a 4 Code chapter reference in language relating to rates, charges, 5 rules, and regulations contained in any filing made with the 6 state commerce commission on or prior to July 4, 1963. Until 7 sometime in 1986, the utilities board of the department of 8 commerce was known as the state commerce commission. 9 Section 476.6: Strikes a duplicate instance of the phrase 10 “and prior to” from this language relating to notices of 11 proposed rate increases which must be given by a public utility 12 to customers affected by the rate increase. 13 Section 476.55: Adds “, Code 2017,” after a reference to a 14 definition of “local exchange carrier” that was eliminated by 15 the repeal of Code section 476.96 by 2018 Iowa Acts, chapter 16 1160, section 32, in this provision relating to receipt of 17 complaints regarding antitrust violations from those carriers 18 by the utilities board of the department of commerce. 19 Section 489.701A: Updates language to conform to Code 20 section content in this provision relating to statements of 21 dissolution that are filed by limited liability corporations. 22 Section 489.1105: Adds language, that was added to a 23 subsection within Code section 489.1102 by 2018 Iowa Acts, 24 chapter 1066, that describes the purposes and powers of 25 professional limited liability companies, to a subsection in 26 this Code section relating to the practice by professional 27 limited liability companies, that otherwise contains identical 28 language. 29 Sections 505B.1 and 522E.1: Separates two terms relating 30 to electronic delivery that are currently combined into a 31 single term within a definition to reflect the usage of the 32 terms within two Code chapters relating to electronic delivery 33 and posting of insurance notices and documents and sales of 34 portable electronics insurance. 35 -166- LSB 5940SC (14) 88 lh/ns 166/ 180
S.F. _____ Section 507B.7: Strikes the words “as hereinafter 1 provided” to clarify language relating to the authority of the 2 commissioner to modify any cease and desist order previously 3 issued by the commissioner, prior to judicial review. 4 Section 507B.12: Strikes the word “hereby” to clarify 5 language describing the powers vested in the commissioner to 6 enforce any penalties, fines, or forfeitures with respect to 7 unfair or deceptive insurance trade practices. 8 Section 508.14: Replaces the word “herein” with a reference 9 to Code section 508.11, to clarify language regarding the 10 filing of certain financial statements by domestic life 11 insurers. 12 Section 508.32: Replaces the word “herein” with a Code 13 section reference to clarify language regarding the authority 14 of life insurance companies to hold policy or annuity contract 15 holder premiums in trust, pursuant to the limitations agreed to 16 by the companies and the contract holders. 17 Section 508C.3: Adds the word “damages” to a series to 18 clarify the meaning of language relating to claims excluded 19 from coverage under the Code chapter establishing the Iowa life 20 and health insurance guaranty association. 21 Sections 508C.8 and 508C.13: Adds the words “or contracts” 22 to conform language, relating to the types of obligations that 23 are assumed by the Iowa life and health insurance guaranty 24 association, to other language elsewhere in these Code 25 sections. 26 Section 509A.9: Replaces the word “herein” with a Code 27 chapter reference in language exempting amounts payable to 28 public employees under public employee group insurance plans 29 from liability or seizure upon execution for debts of the 30 insured public employees. 31 Section 509A.10: Replaces the word “hereof” with a 32 Code chapter reference in language relating to the effect 33 of decisions by the governing body of a public body that 34 establishes group insurance for its employees. 35 -167- LSB 5940SC (14) 88 lh/ns 167/ 180
S.F. _____ Sections 510C.1 and 510C.2: Adds an “s” to the word 1 “benefit” and supplies the word “benefits” where it is missing 2 from references to the term “pharmacy benefits manager” to 3 conform references to the individuals who manage health carrier 4 prescription drug benefits pursuant to a contract to other 5 references to those same individuals elsewhere in the Code. 6 Section 511.23: Strikes the words “or” and “and”, and 7 adds commas to create a series and to reflect the content 8 of the provisions referenced, in this provision subjecting 9 life insurance companies and associations to penalties for 10 violations of the enumerated Code sections. 11 Section 515.10: Changes “to” to “through” to clarify 12 the applicability of references within a string citation, 13 and divides a long sentence into three sentences, to improve 14 the readability of this provision regarding applications for 15 certificates for the issuance of stock or receipt of premiums 16 by insurance companies. 17 Section 515.19: Replaces the word “herein” with a Code 18 chapter reference in language relating to the advancement of 19 funds to mutual insurance companies. 20 Section 515.36: Replaces the words “the preceding Code 21 sections of this chapter” with specific Code subchapter and 22 section references to clarify this provision relating to the 23 filing of financial statements by mutual insurance companies. 24 Section 515.38: Replaces the word “herein” with a Code 25 chapter reference in this provision relating to the examination 26 of the capital or assets held by certain insurance. 27 Section 515.40: Replaces the word “hereinbefore” with a 28 Code chapter reference in language describing certificates of 29 examination of mutual insurance companies. 30 Section 515.111: Splits a long sentence into two, and 31 replaces the word “herein” with a Code section reference, 32 to improve the readability and to clarify this provision 33 permitting insurers to exclude loss or damage from nuclear 34 radiation or radioactive contamination from insurance policies 35 -168- LSB 5940SC (14) 88 lh/ns 168/ 180
S.F. _____ other than life insurance policies. 1 Section 520.5: Splits a long sentence into two, replaces 2 “said” with a definite article, and replaces “therewith” and 3 “above” with more specific language, to update and clarify this 4 provision regarding actions, venue, and the designation of the 5 insurance commissioner as the process agent in matters relating 6 to reciprocal or interinsurance contracts. 7 Section 520.15: Replaces a reference to “foregoing” with 8 specific Code section references in language providing for the 9 refusal, suspension, or revocation of a person or entity’s 10 certificate of authority or license by the commissioner of 11 insurance for failure or refusal to comply with requirements 12 relating to reciprocal or interinsurance contracts. 13 Section 521I.5: Adds citations to the Code sections 14 governing when plans of division of dividing insurers are 15 effective or are approved, to facilitate hypertext linkage in 16 this provision regarding amendments to a plan of division. 17 Section 521I.6: Adds a citation to the Code section 18 governing when plans of division of dividing insurers are 19 effective in this provision governing abandonment of a plan of 20 division by a dividing insurer. 21 Section 521I.7: Replaces “such”, “thereafter”, and “its” 22 with more specific language to clarify the meaning of language 23 relating to the effect of provisions relating to approval of 24 plans of merger in articles of incorporation and bylaws of 25 dividing insurers on plans of division by those insurers. 26 Section 522E.9: Strikes the word “all” from language 27 relating to the form of consent, to reflect other language 28 which provides for notices in forms other than electronic, in 29 this provision relating to requirements for sale of portable 30 electronics insurance. 31 Section 522E.13: Clarifies language relating to the time 32 frame during which an insurer or portable electronics vendor 33 is required to maintain proof of sending required notices or 34 correspondence regarding policies of portable electronics 35 -169- LSB 5940SC (14) 88 lh/ns 169/ 180
S.F. _____ insurance. 1 Section 523C.7: Corrects terminology used to describe the 2 size of the typeface that can be used in motor vehicle service 3 or residential service contracts. 4 Section 523C.9: Updates the style of language describing 5 determinations by the commissioner of insurance relating to 6 negligent or incompetent performance of services under a motor 7 vehicle service or residential service contract. 8 Section 524.108: Changes “to” to “through” to clarify the 9 applicability of the Code sections referenced within a string 10 citation to any person engaged in the business of leasing safe 11 deposit boxes for property storage. 12 Sections 524.1309 and 524.1310: Changes “to” to “through” 13 to clarify the applicability of references within a string 14 citation within these provisions governing procedures 15 applicable to state banks which choose or are required to cease 16 to carry on the business of banking. 17 Section 524.1602: Changes “to” to “through” to clarify 18 the applicability of references within a string citation 19 within this provision describing the circumstances under 20 which penalties may be imposed upon a state bank by the 21 superintendent of banking. 22 Section 524.1807: Changes “to” to “through” to clarify the 23 applicability of references within two string citations in this 24 provision imposing penalties for willful violations of these 25 Code sections. 26 Section 533.401: Redrafts this provision relating to the 27 submission of materials relating to a credit union merger to 28 the superintendent of credit unions, to clarify the time frame 29 in which those materials must be submitted. 30 Section 533.508: Changes the word “section” to “subsection” 31 in subsection 1, to reflect the penalty provisions that are 32 contained in and applicable to subsection 2, in language 33 penalizing the publication, dissemination, or distribution of 34 certain false statements by a credit union. 35 -170- LSB 5940SC (14) 88 lh/ns 170/ 180
S.F. _____ Sections 536.4 and 536.11: Replaces the word “hereunder” 1 with “under this chapter” to clarify these two provisions 2 relating to licensing and reporting requirements applicable to 3 persons making regulated loans. 4 Section 537.1101: Changes “to” to “through” to clarify 5 which references within a string citation in this provision are 6 included within the Iowa consumer credit code. 7 Section 537.2201: Changes “to” to “through” to clarify the 8 applicability of references within a string citation within 9 this provision describing finance charges that may be charged 10 in certain consumer credit sales. 11 Section 544B.19: Replaces two string citations with a Code 12 chapter citation to clarify language permitting the issuance 13 of an injunction against persons violating the requirements 14 imposed upon the practice of landscape architects. The 15 provision not covered by the previous string citations is a 16 repealed Code section. 17 Section 551A.1: Corrects a Code section reference to 18 reflect the repeal and replacement of most of the substance 19 of former Code chapter 516E with Code chapter 523C by 2019 20 Iowa Acts, chapter 142, in this definition of the term 21 “record” under the Code chapter governing business opportunity 22 promotions. 23 Section 558.33: Replaces “hereinbefore contemplated” with 24 specific language and a reference to Code section 558.31 to 25 clarify this provision describing which officers may issue 26 subpoenas to compel witnesses to attend depositions regarding 27 voluntary execution and delivery of a deed or other instrument. 28 Section 573.1: Adds a reference to Code chapter 468 after 29 a reference by name to the drainage law to clarify this 30 definition of “public improvement” that is applicable within 31 the Code chapter regarding labor and materials on public 32 improvements. 33 Section 573.19: Strikes a vague reference to “aforesaid” to 34 update the language of this provision regulating the process 35 -171- LSB 5940SC (14) 88 lh/ns 171/ 180
S.F. _____ for payment of claims when the percentage of funds retained 1 under a public improvement construction contract is not 2 sufficient to pay all claims. 3 Section 573.22: Updates language and replaces the word 4 “herein” with a Code chapter reference to clarify this 5 provision relating to judgments upon a contractor’s bond, 6 posted under a public improvement construction contract, after 7 the retained percentage has been exhausted and unpaid claims 8 remain. 9 Section 578A.7: Moves a phrase and adds the word “of” to 10 clarify language relating to the provision of notice by an 11 operator of a self-service storage facility when an occupant is 12 in default for 30 days or more, and changes the word “fund” to 13 “funds” in two places to conform to other language regarding 14 satisfaction of an operator’s lien through the sale of stored 15 property. 16 Section 597.13: Changes “to” to “through” to clarify the 17 applicability of references within a string citation within 18 this provision regarding annulment of marriage decrees. The 19 word “same” is also changed to “decree or order” to match 20 language elsewhere in this Code section. 21 Section 597.17: Strikes the word “herein” and inserts a Code 22 chapter reference in this provision relating the liability of a 23 husband or wife for liabilities or debts of the other person 24 incurred prior to or after marriage. 25 Section 602.9106: Replaces “hereinafter” with a reference 26 to “in this article” in language describing persons entitled to 27 annuities under the judicial retirement system. 28 Section 602.10122: Replaces “hereinafter” with a reference 29 to “in this article” in language describing one of the grounds 30 for which an attorney’s license may be suspended or revoked. 31 Section 614.10: Strikes the words “, for the purposes herein 32 contemplated,” to clarify language describing when an action 33 that fails after commencement, but is brought again, may be 34 considered a continuation of the first action. 35 -172- LSB 5940SC (14) 88 lh/ns 172/ 180
S.F. _____ Section 614.13: Replaces a reference to “herein” with a 1 Code chapter reference in language describing the effect of an 2 injunction or statutory prohibition on time limitations for the 3 commencement of an action. 4 Section 614.20: Changes “to” to “through” to clarify the 5 applicability of references within a string citation within 6 this provision limiting the applicability of the prohibitions 7 against the commencement of certain actions to claims for dower 8 or actions relating to certain real estate transactions. 9 Section 614.26: Strikes the word “to” in a string citation 10 and replaces it with a series of specific Code section 11 references to clarify the applicability of those Code sections, 12 and to eliminate a self-reference, in this provision relating 13 to the indexing of certain claims which have been limited under 14 Code chapter 614. 15 Section 614.27: Changes “to” to “through” and eliminates 16 a self-reference in a string citation to clarify the 17 applicability of language relating to the rights of minors and 18 persons with mental illness to references within that string 19 citation. 20 Section 614.28: Changes “to” to “through” and strikes the 21 word “inclusive” to update the style of a string citation, and 22 replaces the word “hereunder” with a Code subchapter reference, 23 in this provision prohibiting revival of certain barred claims. 24 Section 622.51: Changes “to” to “through” to clarify the 25 applicability of references within a string citation to this 26 provision creating a presumption that the signatures of certain 27 officers are genuine. 28 Section 626.14: Numbers unnumbered paragraphs and updates 29 language to clarify this provision relating to delivery of 30 possession of property by a sheriff pursuant to an execution 31 of judgment. 32 Section 631.8: Changes “hereunder” to “under this chapter” 33 in language describing the procedure for handling civil or 34 probate actions which are not small claims, but which have been 35 -173- LSB 5940SC (14) 88 lh/ns 173/ 180
S.F. _____ filed under the Code chapter governing small claims. 1 Section 633.3: Adds the word “means” to conform the style 2 of two definitions to the style of other definitions in this 3 definitions Code section for the probate code. 4 Section 633.14: Updates language to improve the clarity 5 of this provision relating to jurisdiction in probate matters 6 which are within the jurisdiction of the courts of two or more 7 counties. 8 Section 633.71: Renumbers and updates archaic language 9 to improve the readability and clarity of this provision 10 relating to the legal effect of the appointment of a person as 11 a fiduciary in a proceeding under the Code chapter governing 12 probate. 13 Section 633.83: Updates the language, style, and 14 punctuation of this Code section regarding the continuation of 15 a business of an estate by a fiduciary to conform the style of 16 this provision to current Code style. 17 Section 633.85: Updates the style and language, and adds 18 terminal commas to several series, to improve the clarity and 19 readability of this provision relating to the liability of a 20 fiduciary in probate matters for the acts or omissions of a 21 specialist, subordinate, or agent of the fiduciary. 22 Section 633.98: Changes “to” to “through” and strikes 23 “inclusive” to update the style of a string citation pertaining 24 to the recording of a certificate of appointment and authority 25 with any other instrument executed and recorded by a fiduciary. 26 Section 633.129: Changes “to” to “through” to clarify the 27 applicability of the last reference within a string citation 28 in language relating to uniformity of interpretation of the 29 referenced provisions of the probate code. 30 Section 633.146: Replaces the word “aforesaid” with “under 31 section 633.145” to improve the clarity and to facilitate 32 hypertext linkage within this provision relating to the 33 location for the filing of a certificate of appointment and 34 authority of a foreign fiduciary. 35 -174- LSB 5940SC (14) 88 lh/ns 174/ 180
S.F. _____ Section 633.158: Updates the language and style to improve 1 the clarity of the language of this provision outlining the 2 circumstances under which a fiduciary for an estate is liable 3 for property that is not part of the estate. 4 Section 633.310: Updates archaic language, and replaces a 5 reference to “herein” with a part reference, to clarify this 6 provision regarding the filing of objections to a will prior 7 to probate of the instrument. 8 Section 633.331: Strikes an obsolete sentence from this 9 provision that limits the probate of a will after five years 10 from the death of the decedent to only those situations in 11 which a petition is filed within that five-year period. 12 Section 633.335: Replaces the word “such” with an 13 indefinite article, and replaces the word “aforesaid” with 14 references to Code sections 633.333 and 633.334, to clarify 15 this provision describing the share of a survivor of a decedent 16 in the proceeds of a life insurance policy. 17 Section 633.423: Strikes the word “or” to conform this Code 18 section relating to the procedure in probate for payment of 19 secured claims to current Code tabulation style. 20 Section 633.424: Divides long sentences and updates 21 language and punctuation to improve readability, and deletes 22 the word “or” to conform the style of this provision, relating 23 to the procedure for payment of contingent claims in probate, 24 to current Code tabulation style. 25 Section 633.528: Changes “to” to “through” to clarify the 26 applicability of the last reference within a string citation 27 in this provision requiring that the referenced sections be 28 construed to make uniform the law relating to simultaneous 29 death. 30 Section 633.560A: Replaces the word “will” with the word 31 “must” within language imposing a requirement for good faith 32 participation in mediation that is required as part of a 33 guardianship or conservatorship proceeding. 34 Section 633.561: Adds the words “or conservatorship” 35 -175- LSB 5940SC (14) 88 lh/ns 175/ 180
S.F. _____ and “or conservator” after references to guardianships and 1 guardians in this Code section which appears to apply to both 2 guardianships and conservatorships. 3 Section 633.562: Adds references to conservators and 4 conservatorships to conform language internally and to language 5 contained in Code section 633.551, in this provision relating 6 to the appointment and role of the court visitor. 7 Section 633.563: Changes the words “made available to” 8 to “filed with” to conform to general courtroom practice in 9 this provision relating to provision of the results of a 10 court-ordered evaluation of a respondent in a guardianship or 11 conservatorship proceeding. 12 Section 633.565: Adds the words “for an adult” to the text 13 of this Code section which, according to the headnote, applies 14 to the selection of guardians and conservators for adults only. 15 Section 633.568: Changes “to” to “through” to clarify the 16 applicability of the last reference in a string citation in 17 this provision governing appointment of a guardian for an adult 18 on a standby basis. 19 Section 633.569: Adds the words “or conservator” in two 20 places to conform terminology and clarify language in this 21 provision relating to the emergency appointment of a temporary 22 guardian or conservator. 23 Section 633.653: Changes “to” to “through” to clarify the 24 applicability of the last reference in a string citation and 25 updates the headnote in this provision relating to payment 26 of claims accruing before or after the appointment of a 27 conservator. 28 Section 633.670: Changes the word “advisor” to “visitor”, 29 to conform to other references to this individual elsewhere in 30 the probate code, in this language relating to persons entitled 31 to receive certain reports in conservatorship proceedings. 32 Section 633.675: Changes the word “and” to “or” to reflect 33 the alternative nature of guardianship and conservatorship 34 proceedings in this language relating to the termination of 35 -176- LSB 5940SC (14) 88 lh/ns 176/ 180
S.F. _____ those types of proceedings and conforms language used to 1 describe the criteria necessary to support a finding that a 2 guardianship should be established to similar usage elsewhere 3 in the Code. 4 Section 633.679: Strikes a reference to a Code subsection 5 which was stricken by 2019 Iowa Acts, chapter 56, section 6 42, in language relating to petitions for termination of a 7 guardianship or conservatorship. 8 Section 633A.3110: Replaces the word “herein” with a Code 9 section reference in language relating to the notice that must 10 be given to creditors, heirs, and the surviving spouse of the 11 settlor of a trust. 12 Section 636.23: Replaces the words “and/or” with “or”, to 13 conform to current Code style, in language relating to the 14 types of securities in which fiduciaries may invest trust 15 funds. 16 Section 657.3: Changes the word “hereinafter” to a Code 17 chapter reference in language relating to the issuance of a 18 warrant for the abatement of a nuisance. 19 Section 657A.1: Moves language excluding mobile homes, 20 modular homes, and manufactured homes from the definition of 21 “building” under the Code chapter governing the abatement or 22 rehabilitation of abandoned or unsafe buildings, to improve the 23 readability of the definition. 24 Section 657A.2: Replaces the word “latter” with “later” 25 and the word “and” with “or”, and redrafts language relating 26 to the provision of findings, to clarify the timeline for the 27 filing of a petition for abatement of a building deemed to be 28 abandoned or unsafe. 29 Section 657A.4: Strikes the word “if” to conform language 30 describing a timeline for appointment of a receiver in 31 proceedings to abate a building to other language. Language 32 permitting certain persons, who have been appointed as a 33 receiver in abatement proceedings, to also hold public office 34 or employment is also updated to reflect current Code style. 35 -177- LSB 5940SC (14) 88 lh/ns 177/ 180
S.F. _____ Section 669.17: Replaces “herein” with “in this chapter” 1 in this provision relating to the settlement of claims not 2 governed under the Code chapter pertaining to state tort 3 claims. 4 Section 670.4: Changes the words “such claim” to “of the 5 following claims”, and changes a period to a colon, to conform 6 the style of the language to the description of the types 7 of claims excluded from the Code chapter governing municipal 8 tort claims. An archaic time frame reference is also stricken 9 from language making the remedy provided for claims under the 10 municipal tort claims Code chapter an exclusive remedy. 11 Section 701.1: Changes “to” to “through” to clarify the 12 applicability of the last reference in a string citation in 13 this provision describing the Code chapters constituting the 14 Iowa criminal code. 15 Section 709.15: Adds the words “sharing or” to language 16 describing the programs offered under Code section 257.11 17 or 261E.8 to conform this provision relating to sexual 18 exploitation by a counselor, therapist, or school employee to 19 the Code sections already referenced in this provision. 20 Section 714H.3: Replaces three references to Code sections 21 that were repealed by 2019 Iowa Acts, chapter 142, with 22 references to two Code sections which appear to be reenactments 23 of two of the three repealed Code sections, in this provision 24 prohibiting certain acts and practices. 25 Section 724.8A: Strikes language notwithstanding two 26 exceptions to clarify the rule stated in this language 27 prohibiting regents universities and community colleges from 28 enacting certain policies relating to dangerous weapons. 29 Section 724.11: Changes “to” to “through” to clarify the 30 applicability of the last reference in a string citation in 31 this provision relating to applications to permits to carry 32 weapons. 33 Section 801.1: Changes “to” to “through” to clarify the 34 applicability of the last reference in a string citation in 35 -178- LSB 5940SC (14) 88 lh/ns 178/ 180
S.F. _____ this provision describing the Code chapters constituting the 1 Iowa code of criminal procedure. 2 Section 802.6: Conforms language describing the statute of 3 limitations applicable to criminal offenses to other language 4 within this Code provision excepting time during which a party 5 was not in Iowa from the limitation period. 6 Section 805.15: Changes “to” to “through” to clarify the 7 applicability of the last reference in a string citation in 8 this provision relating to the manner for citation of offenses 9 charged under Code section 321.485, that requires a court 10 appearance by the person charged. 11 Section 901.11: Conforms an internal reference to other 12 language referencing the same Code provision, in language 13 relating to determinations of eligibility for parole or work 14 release that are made at the time that persons convicted of 15 arson in the first degree are sentenced. 16 Section 901D.7: Changes the words “test result” to 17 “required testing” to conform language relating to requirements 18 placed on persons placed under the sobriety and drug monitoring 19 program to other language within the Code section. 20 2019 Iowa Acts, chapter 26: Corrects grammar, terminology, 21 and internal references and makes other changes relating to the 22 renumbering of provisions necessary to facilitate codification 23 of the uniform protected series Act. 24 2019 Iowa Acts, chapter 135: Corrects an internal reference 25 to a provision describing allocations under the gap tuition 26 assistance fund. The change is effective upon enactment and is 27 retroactively applicable to July 1, 2019. 28 2019 Iowa Acts, chapter 148: Corrects language referring 29 to the point in time after which certain ballot arrangement 30 requirements apply. The change is effective upon enactment and 31 is retroactively applicable to July 1, 2019. 32 2019 Iowa Acts, chapter 155: Corrects a reference to the 33 Act establishing salary rates for judicial officers to reflect 34 the changes made in those rates by 2019 Iowa Acts, chapter 155. 35 -179- LSB 5940SC (14) 88 lh/ns 179/ 180
S.F. _____ The change is effective upon enactment and is retroactively 1 applicable to July 1, 2019. 2 Division II: 3 This division directs the Code editor to number the existing 4 headings to facilitate citation to the various subdivisions in 5 Code chapter 359. The Code editor is also directed to create 6 a new Code subchapter entitled “Budget” before Code section 7 359.52. 8 -180- LSB 5940SC (14) 88 lh/ns 180/ 180
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