House File 535 - Enrolled
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 151)
(COMPANION TO sf 298
by committee on
judiciary)
\5
A BILL FOR
\1
House File 535
AN ACT
RELATING TO NONSUBSTANTIVE CODE CORRECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 1D.1, Code 2015, is amended to read as
follows:
1D.1 Standard time and daylight saving time.
The standard time in this state is the solar time of the
ninetieth meridian of longitude west of Greenwich, England,
commonly known as central standard time, except that from two
o'clock 2:00 ante meridiem of the first Sunday of April in
every year until two o'clock 2:00 ante meridiem of the last
Sunday of October in the same year, standard time shall be
advanced one hour. The period of time so advanced shall be
known as "daylight saving time." time".
Sec. 2. Section 10.1, subsection 5, Code 2015, is amended
to read as follows:
5. "Cooperative association" means an entity which is
structured and operated on a cooperative basis pursuant to 26
U.S.C. {1381(a) and which meets the definitional requirements
of an association as provided in 12 U.S.C. {1141(j)(a)
{1141j(a) or 7 U.S.C. {291.
Sec. 3. Section 13B.4B, subsection 2, paragraph c, Code
2015, is amended to read as follows:
c. The state public defender may in the state public
defender's sole discretion release claims and supporting
documents, including any information that would otherwise be
confidential in under sections 232.147 through 232.150, to the
auditor of state, the Iowa supreme court attorney disciplinary
board, the grievance commission of the supreme court of Iowa,
or to other state or local agencies to the extent necessary
to investigate fraud or other criminal activity against the
attorney or vendor submitting the claim.
Sec. 4. Section 15.329, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. If the qualifying investment is ten million dollars
or more, the community has approved the project by ordinance
or resolution the project for the purpose of receiving the
benefits of this part.
Sec. 5. Section 29B.26, Code 2015, is amended to read as
follows:
29B.26 Who may serve on courts=martial.
1. a. Any commissioned officer of or on duty with the state
military forces is eligible to serve on all courts=martial for
the trial of any person who may lawfully be brought before the
courts for trial.
b. Any warrant officer of or on duty with the state
military forces is eligible to serve on general and special
courts=martial for the trial of any person, other than a
commissioned officer, who may lawfully be brought before the
courts for trial.
c. Any enlisted member of the state military forces who
is not a member of the same unit as the accused is eligible
to serve on general and special courts=martial for the trial
of any enlisted member who may lawfully be brought before
the courts for trial, but the enlisted member shall serve as
a member of a court only if, before the end of any pretrial
session that is held or if none is held before the convening
of the court, the accused personally has requested in writing,
that enlisted members serve on it. After such a request,
the accused shall not be tried by a general or special
court=martial the membership of which does not include enlisted
members in a number comprising at least one=third of the
total membership of the court, unless eligible members cannot
be obtained on account of physical conditions or military
exigencies. If such members cannot be obtained, the court may
be convened and the trial held without them, but the convening
authority shall make a detailed written statement, to be
appended to the record, stating why they could not be obtained.
d. In this section, the word "unit" means any regularly
organized body of the state military forces.
2. When it can be avoided, a person subject to this code
shall not be tried by a court=martial any member of which is
junior to the person in rank or grade.
3. When convening a court=martial, the convening authority
shall detail as members of the courts=martial persons who in
the convening authority's opinion, are best qualified for the
duty by reason of age, education, training, experience, length
of service, and judicial temperament. A person is not eligible
to serve as a member of a general or special court=martial when
the person is the accuser or a witness for the prosecution or
has acted as investigating officer, staff judge advocate, or as
counsel in the same case. If a military judge is not appointed
for a special court=martial and if a commissioned officer who
is a member of the bar of the highest court of the state and
of appropriate rank and grade is present and not otherwise
disqualified and within the command of the convening authority,
the convening authority shall appoint the commissioned officer
as president of a special court=martial. Failure to meet this
requirement does not divest a military court of jurisdiction.
Sec. 6. Section 29C.2, subsection 7, Code 2015, is amended
to read as follows:
7. "Mass notification and emergency messaging system" means
a system which disseminates emergency and public safety related
safety=related information to the public by various means
including but not limited to telephone, wireless communications
service, dual party relay service or telecommunications device,
text messaging, electronic mail, and facsimile, and which
integrates with federal emergency messaging systems.
Sec. 7. Section 35B.6, subsection 1, paragraph a, Code 2015,
is amended to read as follows:
a. The members of the commission shall qualify by taking
the usual oath of office. The commission shall organize by
the selection of selecting one of their the commission members
as chairperson and one as secretary. The commission, subject
to the annual approval of the board of supervisors, shall
employ an executive director or administrator who shall have
the power to employ other necessary employees to carry out
the provisions of this chapter, including administrative or
clerical assistants, but no member of the commission shall be
so employed. The state department of veterans affairs shall
recognize the executive director or administrator as a county
veterans service officer of a veterans' service organization
recognized pursuant to 38 C.F.R. {14.628(c) for the purposes
of assisting veterans and their dependents in obtaining
federal and state benefits. The commission shall recommend the
compensation of the executive director or administrator and all
employees of the county veteran affairs office to the board
of supervisors. The board of supervisors shall consider the
recommendation and shall determine and approve the compensation
of the executive director or administrator and all employees
of the county veteran affairs office. The executive director
must possess the same qualifications as provided in section
35B.3 for commission members. However, this qualification
requirement shall not apply to a person employed as an
executive director prior to July 1, 1989.
Sec. 8. Section 35B.7, Code 2015, is amended to read as
follows:
35B.7 Meetings ==== report ==== budget.
The commission shall meet monthly and at other times as
necessary. At the monthly meeting it the commission shall
determine who are entitled to county benefits and the probable
amount required to be expended. The commission shall meet
annually to prepare an estimated budget for all expenditures
to be made in the next fiscal year and certify the budget to
the board of supervisors. The board may approve or reduce the
budget for valid reasons shown and entered of record and the
board's decision is final.
Sec. 9. Section 54.5, Code 2015, is amended to read as
follows:
54.5 Presidential nominees.
1. a. The names of the candidates for president and vice
president of a political party as defined in the law relating
to primary elections, shall, by five o'clock 5:00 p.m. on the
eighty=first day before the election, be certified to the state
commissioner by the chairperson and secretary of the state
central committee of the party.
b. However, if the national nominating convention of a
political party adjourns later than eighty=nine days before
the general election the certificate showing the names of that
party's candidates for president and vice president shall be
filed within five days after adjournment.
c. As an alternative to the certificate by the state
central committee, the certificate of nomination issued by
the political party's national nominating convention may
be used to certify the names of the party's candidates for
president and vice president. If certificates of nomination
are received from both the state central committee and the
national nominating convention of a political party, and there
are differences between the two certificates, the certificate
filed by the state central committee shall prevail.
2. The state central committee shall also file a list of
the names and addresses of the party's presidential electors,
one from each congressional district and two from the state
at large, not later than five o'clock 5:00 p.m. on the
eighty=first day before the general election.
3. If a candidate for the office of president or vice
president of the United States withdraws, dies, or is otherwise
removed from the ballot before the general election, another
candidate may be substituted. The substitution shall be made
by the state central committee of the political party or by
the governing committee of the national party. If there
are differences, the substitution made by the state central
committee shall prevail. A nonparty political organization
which has filed the names of party officers and central
committee members with the secretary of state before the close
of the filing period for the general election pursuant to
section 44.17 may also make substitutions. A substitution must
be filed no later than seventy=four days before the election.
Sec. 10. Section 57.6, Code 2015, is amended to read as
follows:
57.6 Other contests.
All the provisions of the chapter in relation 62 relating to
contested elections of county officers shall be applicable, as
near as may be, to contested elections for other offices, and
for public measures except as herein otherwise provided, and in
all cases process and papers may be issued to and served in the
manner provided by the rules of civil procedure for service of
an original notice by the sheriff of any county.
Sec. 11. Section 96.7, subsections 4, 5, 6, and 11, Code
2015, are amended to read as follows:
4. Employer liability determination.
a. The department shall initially determine all questions
relating to the liability of an employing unit or employer,
including the amount of contribution, the contribution rate,
and successorship. A copy of the initial determination shall
be sent by regular mail to the last address, according to the
records of the department, of each affected employing unit or
employer.
b. The affected employing unit or employer may appeal in
writing to the department from the initial determination.
An appeal shall not be entertained for any reason by the
department unless the appeal is filed with the department
within thirty days from the date on which the initial
determination is mailed. If an appeal is not so filed, the
initial determination shall with the expiration of the appeal
period become final and conclusive in all respects and for all
purposes.
c. A hearing on an appeal shall be conducted according to
rules adopted by the department. A copy of the decision of the
administrative law judge shall be sent by regular mail to the
last address, according to the records of the department, of
each affected employing unit or employer.
d. The department's decision on the appeal shall be final
and conclusive as to the liability of the employing unit or
employer unless the employing unit or employer files an appeal
for judicial review within thirty days after the date of
mailing of the decision as provided in subsection 5.
5. Judicial review.
a. Notwithstanding chapter 17A, petitions for judicial
review may be filed in the district court of the county
in which the employer resides, or in which the employer's
principal place of business is located, or in the case of a
nonresident not maintaining a place of business in this state
either in a county in which the wages payable for employment
were earned or paid or in Polk county, within thirty days after
the date of the notice to the employer of the department's
final determination as provided for in subsection 2, 3, or 4.
b. The petitioner shall file with the clerk of the
district court a bond for the use of the respondent, with
sureties approved by the clerk, with any penalty to be fixed
and approved by the clerk. The bond shall not be less than
fifty dollars and shall be conditioned on the petitioner's
performance of the orders of the court. In all other respects,
the judicial review shall be in accordance with chapter 17A.
6. Jeopardy assessments.
a. If the department believes that the collection of
contributions payable or benefits reimbursable will be
jeopardized by delay, the department may immediately make an
assessment of the estimated amount of contributions due or
benefits reimbursable, together with interest and applicable
penalty, and demand payment from the employer. If the payment
is not made, the department may immediately file a lien
against the employer which may be followed by the issuance of a
distress warrant.
b. The department shall be permitted to accept a bond
from the employer to satisfy collection until the amount of
contributions due is determined. The bond shall be in an
amount deemed necessary, but not more than double the amount
of the contributions involved, with securities satisfactory to
the department.
11. Temporary emergency surcharge.
a. If on the first day of the third month in any calendar
quarter, the department has an outstanding balance of interest
accrued on advance moneys received from the federal government
for the payment of unemployment compensation benefits, or is
projected to have an outstanding balance of accruing federal
interest for that calendar quarter, the department shall
collect a uniform temporary emergency surcharge for that
calendar quarter, retroactive to the beginning of that calendar
quarter. The surcharge shall be a percentage of employer
contribution rates and shall be set at a uniform percentage,
for all employers subject to the surcharge, necessary to pay
the interest accrued on the moneys advanced to the department
by the federal government, and to pay any additional federal
interest which will accrue for the remainder of that calendar
quarter. The surcharge shall apply to all employers except
governmental entities, nonprofit organizations, and employers
assigned a zero contribution rate. The department shall
adopt rules prescribing the manner in which the surcharge
will be collected. Interest shall accrue on all unpaid
surcharges under this subsection at the same rate as on regular
contributions and shall be collectible in the same manner.
The surcharge shall not affect the computation of regular
contributions under this chapter.
b. A special fund to be known as the temporary emergency
surcharge fund is created in the state treasury. The
special fund is separate and distinct from the unemployment
compensation fund. All contributions collected from the
temporary emergency surcharge shall be deposited in the special
fund. The special fund shall be used only to pay interest
accruing on advance moneys received from the federal government
for the payment of unemployment compensation benefits.
Interest earned upon moneys in the special fund shall be
deposited in and credited to the special fund.
c. If the department determines on June 1 that no
outstanding balance of interest due has accrued on advanced
moneys received from the federal government for the payment of
unemployment compensation benefits, and that no outstanding
balance is projected to accrue for the remainder of the
calendar year, the department shall notify the treasurer of
state of its determination. The treasurer of state shall
immediately transfer all moneys, including accrued interest,
in the temporary emergency surcharge fund to the unemployment
compensation fund for the payment of benefits.
Sec. 12. Section 96.11, subsection 8, Code 2015, is amended
to read as follows:
8. Subpoenas. In case of contumacy by, or refusal to obey
a subpoena issued to any person, any court of this state within
the jurisdiction of which the inquiry is carried on or within
the jurisdiction of which said person guilty of contumacy or
refusal to obey is found or resides or transacts business, upon
application by the department, or any member or duly authorized
representative thereof, shall have jurisdiction to issue to
such person an order requiring such person to appear before
the department or any member or duly authorized representative
thereof to produce evidence if so ordered or to give testimony
touching the matter under investigation or in question; any
failure to obey such order of the court may be punished by said
court as a contempt thereof.
Sec. 13. Section 97B.53, subsection 3, Code 2015, is amended
to read as follows:
3. A terminated, vested member has the right, prior to the
commencement of the member's retirement allowance, to receive
a refund of moneys in the member's account, and in the event
of the death of the member prior to the commencement of the
member's retirement allowance and prior to the receipt of
any such refund, the benefits authorized by subsection 1 and
subsection 2 of section 97B.52, subsections 1 and 2, shall be
paid.
Sec. 14. Section 97B.68, subsection 2, paragraph a, Code
2015, is amended to read as follows:
a. Such member's accumulated contributions as defined in
subsection 2 of section 97B.1A, subsection 2, computed as of
July 4, 1959, plus
Sec. 15. Section 97C.2, subsections 5 and 7, Code 2015, are
amended to read as follows:
5. The term "federal security administrator" means the
administrator of the federal security agency (or or the
administrator's successor in function) function, and includes
any individual to whom the federal security administrator has
delegated any of the administrator's functions under the Social
Security Act, Tit. II, with respect to coverage under such Act
of employees of states and their political subdivisions.
7. The term "Social Security Act" means the Act of Congress
approved August 14, 1935, Chapter 531, 49 Stat. 620, officially
cited as the "Social Security Act," Tit. II, (including
including regulations and requirements issued pursuant thereto)
thereto, as such Act has been and may from time to time be
amended.
Sec. 16. Section 97C.14, Code 2015, is amended to read as
follows:
97C.14 Elected officials ==== retroactive payments.
Any elective official of the state of Iowa, or any of
its political subdivisions, who becomes subject to federal
social security coverage under the provisions of the agreement
referred to in section 97C.3 shall, not later than October 1,
1953, pay into the contribution fund established by section
97C.12 a tax sufficient to pay in the elected official's
behalf an amount equal to three percent of the official's
compensation received as a public official for each year or
portion thereof that the public elected official has served
as a public elective official since January 1, 1951, not to
exceed thirty=six hundred dollars for any year of service.
The state agency shall collect the tax hereby imposed and
the proceeds from such tax shall be used for the purpose of
obtaining retroactive federal social security coverage for
elective officials, for the period beginning January 1, 1951,
in the same manner as is provided in the case of other public
employees by the provisions in subsection 2 of section 97.51,
subsection 2, in order to obtain retroactive federal social
security coverage during this period of time, such contribution
to be collected and guaranteed by the employer. The state
agency will pay any such amount contributed to provide for
retroactive federal social security coverage for the individual
in question in the same manner as other payments are made for
retroactive coverage of public employees. Provided that no
member of a county board of supervisors shall be deemed to
be an elective official in a part=time position, but every
member of a county board of supervisors shall be deemed to
be an employee within the purview of this chapter and shall
be eligible to receive all of the benefits provided by this
chapter to which the member may be entitled as an employee.
Sec. 17. Section 97C.20, Code 2015, is amended to read as
follows:
97C.20 Referenda by governor.
1. With respect to employees of the state the governor
is empowered to authorize a referendum, and with respect to
the employees of any political subdivision the governor shall
authorize a referendum upon request of the governing body of
such subdivision; and in either case the referendum shall
be conducted, and the governor shall designate an agency or
individual to supervise its conduct, in accordance with the
requirements of section 218"d"(3) 218(d)(3) of the Social
Security Act, on the question of whether service in positions
covered by a retirement system established by the state or by
a political subdivision thereof should be excluded from or
included under an agreement under this chapter. The notice of
referendum required by section 218"d"(3)(C) 218(d)(3)(C) of
the Social Security Act to be given to employees shall contain
or shall be accomplished by a statement, in such form and such
detail as the agency or individual designated to supervise
the referendum shall deem necessary and sufficient, to inform
the employees of the rights which will accrue to them and
their dependents and survivors, and the liabilities to which
they will be subject, if their services are included under an
agreement under this chapter.
2. Upon receiving evidence satisfactory to the governor
that with respect to any such referendum the conditions
specified in section 218"d"(3) 218(d)(3) of the Social Security
Act have been met, the governor shall so certify to the
secretary of health and human services.
Sec. 18. Section 99D.6, Code 2015, is amended to read as
follows:
99D.6 Chairperson Headquarters, meetings, and election of
chairperson ==== administrator ==== employees ==== duties ==== bond.
1. The commission shall have its headquarters in the city
of Des Moines and shall meet in July of each year and at other
times and places as it finds necessary for the discharge of its
duties. The commission shall elect in July of each year one of
its members as chairperson for the succeeding year.
2. The commission shall appoint an administrator of
the commission subject to confirmation by the senate. The
administrator shall serve a four=year term. The term shall
begin and end in the same manner as set forth in section 69.19.
A vacancy shall be filled for the unexpired portion of the term
in the same manner as a full=term appointment is made. The
administrator shall be covered by the blanket surety bond of
the state purchased pursuant to section 8A.321, subsection 12.
The compensation and employment terms of the administrator
shall be set by the governor, taking into consideration the
level of knowledge and experience of the administrator. The
administrator shall keep a record of the proceedings of the
commission and preserve the books, records, and documents
entrusted to the administrator's care.
3. The administrator may hire other assistants and
employees as necessary to carry out the commission's duties.
Employees in the positions of equine veterinarian, canine
veterinarian, and equine steward shall be exempt from the merit
system provisions of chapter 8A, subchapter IV, and shall
not be covered by a collective bargaining agreement. Some
or all of the information required of applicants in section
99D.8A, subsections 1 and 2, may also be required of employees
of the commission if the commission deems it necessary. The
administrator shall keep a record of the proceedings of the
commission and preserve the books, records, and documents
entrusted to the administrator's care. The administrator shall
be covered by the blanket surety bond of the state purchased
pursuant to section 8A.321, subsection 12. The compensation
and employment terms of the administrator shall be set by the
governor, taking into consideration the level of knowledge and
experience of the administrator. The commission shall have
its headquarters in the city of Des Moines and shall meet in
July of each year and at other times and places as it finds
necessary for the discharge of its duties.
Sec. 19. Section 99D.9B, subsection 3, paragraph b, Code
2015, is amended to read as follows:
b. Moneys remaining in the fund following distribution to
the Iowa greyhound association as provided in this subsection
shall be under the sole control of the commission. The
commission shall determine the method by which moneys remaining
in the fund will be distributed, provided, however, that the
commission shall distribute a portion of the moneys in the fund
to no=kill animal adoption agencies to facilitate care for and
adoption of greyhounds no longer racing as a result of the
discontinuance of live racing. The commission may consider
objective evidence, including purse payments to greyhound
industry participants for the period beginning January 1, 2010,
and ending December 31, 2014, in determining the method of
distribution. The commission may hire an expert to assist in
the task of making distributions from the fund. The commission
may distribute moneys from the fund to greyhound industry
participants and to kennel owners and operators and greyhound
owners for costs incurred in removing property from the dog
racetrack located in Pottawattamie county as required by
section 99D.9A, subsection 2, paragraph "c". Prior to adoption
of any formula for distribution, the commission shall allow for
input from greyhound industry participants. The distribution
decisions of the commission shall be final. The commission
may use moneys in the fund to pay its direct and indirect
administrative expenses incurred in administering the fund,
including the hiring of experts to assist in the commission's
distribution determination. Members of the commission,
employees of the commission, and any experts hired by the
commission pursuant to this section shall be held harmless
against any claim of liability made by any person arising out
of the distribution of moneys from the fund by the commission.
Sec. 20. Section 101A.7, subsection 1, Code 2015, is amended
to read as follows:
1. The licensee's or permittee's explosive explosives
storage facility shall be inspected at least once a year by a
representative of the state fire marshal's office, except that
the state fire marshal may, at those mining operations licensed
and regulated by the United States department of labor, accept
an approved inspection report issued by the United States
department of labor, mine safety and health administration,
for the twelve=month period following the issuance of the
report. The state fire marshal shall notify the appropriate
city or county governing board of licenses to be issued in
their respective jurisdictions pursuant to this chapter. The
notification shall contain the name of the applicant to be
licensed, the location of the facilities to be used in storing
explosives, the types and quantities of explosive materials to
be stored, and other information deemed necessary by either
the governing boards or the state fire marshal. The facility
may be examined at other times by the sheriff of the county
where the facility is located or by the local police authority
if the facility is located within a city of over ten thousand
population and if the sheriff or city council considers it
necessary.
Sec. 21. Section 124D.2, subsection 5, Code 2015, is amended
to read as follows:
5. "Primary caregiver" means a person, at least eighteen
years of age, who has been designated by a patient's
neurologist or by a person having custody of a patient,
as being necessary to take responsibility for managing the
well=being of the patient with respect to the medical use of
cannabidiol pursuant to the provisions of this chapter.
Sec. 22. Section 124D.4, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. The patient's photo photograph.
Sec. 23. Section 124D.4, subsection 4, paragraph b, Code
2015, is amended to read as follows:
b. The primary caregiver's photo photograph.
Sec. 24. Section 135C.9, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. The facility has been inspected by the state fire marshal
or a deputy appointed by the fire marshal for that purpose,
who may be a member of a municipal fire department, and the
department has received either a certificate of compliance
or a provisional certificate of compliance by the facility
with the fire hazard and fire safety rules and standards
of the department as promulgated by the fire marshal and,
where applicable, the fire safety standards required for
participation in programs authorized by either Tit. XVIII or
Tit. XIX of the United States Social Security Act (42, codified
at 42 U.S.C. {1395 = 1395ll and 1396 = 1396g) 1396g. The
certificate or provisional certificate shall be signed by
the fire marshal or the fire marshal's deputy who made the
inspection. If the state fire marshal or a deputy finds a
deficiency upon inspection, the notice to the facility shall
be provided in a timely manner and shall specifically describe
the nature of the deficiency, identifying the Code section or
subsection or the rule or standard violated. The notice shall
also specify the time allowed for correction of the deficiency,
at the end of which time the fire marshal or a deputy shall
perform a follow=up inspection.
Sec. 25. Section 135C.36, subsection 5, Code 2015, is
amended to read as follows:
5. If a facility self=identifies a deficient practice prior
to an on=site visit inspection, there has been no complaint
filed with the department related to that specific deficient
practice, and the facility corrects such practice prior to
an inspection, no citation shall be issued or fine assessed
pursuant to subsection 2 or 3 except for those penalties
arising pursuant to section 135C.33; 481 IAC 57.12(2)(d), 481
IAC 57.12(3), 481 IAC 57.15(5), 481 IAC 57.25(1), 481 IAC
57.39, 481 IAC 58.11(3), 481 IAC 58.14(5), 481 IAC 58.19(2)(a),
481 IAC 58.19(2)(h), 481 IAC 58.28(1)(a), 481 IAC 58.43, 481
IAC 62.9(5), 481 IAC 62.15(1)(a), 481 IAC 62.19(2)(c), 481
IAC 62.19(7), 481 IAC 62.23(23)=(25), 481 IAC 63.11(2)(d),
481 IAC 63.11(3), 481 IAC 63.23(1)(a), 481 IAC 63.37, 481 IAC
64.4(9), 481 IAC 64.33, 481 IAC 64.34, 481 IAC 65.9(5), 481
IAC 65.15, or 481 IAC 65.25(3)=(5), or the successor to any of
such rules; or 42 C.F.R. {483.420(d), 483.460(c)(4) 42 C.F.R.
{483.460(c)(4), or 483.470(j) 42 C.F.R. {483.470(j), or the
successor to any of such federal regulations.
Sec. 26. Section 135L.3, subsection 2, Code 2015, is amended
to read as follows:
2. The licensed physician who will perform the abortion
shall provide notification in person or by mailing the
notification by restricted certified mail to a parent of the
pregnant minor at the usual place of abode of the parent. For
the purpose of delivery by restricted certified mail, the time
of delivery is deemed to occur at twelve o'clock 12:00 noon
on the next day on which regular mail delivery takes place,
subsequent to the mailing.
Sec. 27. Section 161A.3, subsection 12, Code 2015, is
amended to read as follows:
12. "Petition" means a petition filed under the provisions
of subsection 1 of section 161A.5, subsection 1, for the
creation of a district.
Sec. 28. Section 163.11, Code 2015, is amended to read as
follows:
163.11 Imported animals.
1. A person shall not move an animal into this state,
except to a public livestock market where federal inspection of
livestock is maintained, for work, breeding, or dairy purposes,
unless such animal has been examined and found free from all
infectious or contagious diseases.
2. No A person shall not bring in any manner into this
state any cattle for dairy or breeding purposes unless such
cattle have been tested within thirty days prior to date of
importation by the agglutination test for contagious abortion
or abortion disease, and shown to be free from such disease.
3. Animals for feeding purposes, however, may be brought
into the state without inspection, under such regulations
as the department may prescribe except that this sentence
subsection shall not apply to swine.
Sec. 29. Section 185C.26, Code 2015, is amended to read as
follows:
185C.26 Deposit of moneys ==== corn promotion fund.
A state assessment collected by the board from a sale of corn
shall be deposited in the office of the treasurer of state in
a special fund known as the corn promotion fund. The fund may
include any gifts, rents, royalties, interest, license fees,
or a federal or state grant received by the board. Moneys
collected, deposited in the fund, and transferred to the board
as provided in this chapter shall be subject to audit by the
auditor of state. The auditor of state may seek reimbursement
for the cost of the audit from moneys deposited in the fund as
provided in this chapter. The department of administrative
services shall transfer moneys from the fund to the board
for deposit into an account established by the board in a
qualified financial institution. The department shall transfer
the moneys as provided in a resolution adopted by the board.
However, the department is only required to transfer moneys
once during each day and only during hours when the offices of
the state are open. From moneys collected, the board shall
first pay all the direct and indirect costs incurred by the
secretary and the costs of referendums, elections, and other
expenses incurred in the administration of this chapter, before
moneys may be expended for the purpose of carrying to carry out
the purposes of this chapter as provided in section 185C.11.
Sec. 30. Section 190.11, Code 2015, is amended to read as
follows:
190.11 Artificial sweetening ==== labeling.
Where any approved artificial sweetening product such as
saccharin or sulfamate is used by any person in the manufacture
or sale of any article of food intended for human consumption,
the container in which any such food or beverage is sold or
offered for sale to the public shall be clearly, legibly and
noticeably labeled with the name of the sweetening product
used. The portion of the store, display counter, shelving,
or other place where such food or beverage is displayed or
offered for sale, shall be clearly and plainly identified by an
appropriate sign reading:
"FOR FOR DIETARY PURPOSES" PURPOSES.
Sec. 31. Section 206.2, subsection 13, Code 2015, is amended
to read as follows:
13. "Hazard" means a probability that a given pesticide
will have an adverse effect on man humans or the environment
in a given situation, the relative likelihood of danger or ill
effect being dependent on a number of interrelated factors
present at any given time.
Sec. 32. Section 207.4, subsection 3, Code 2015, is amended
to read as follows:
3. A permit terminates if the permittee has not commenced
the coal mining operations covered by the permit within three
years of its issuance of the permit. However, the division
may grant reasonable extensions of time upon a showing that
the extensions are necessary because of litigation precluding
the commencement or threatening substantial economic loss to
the permittee or because of conditions beyond the control and
without the fault or negligence of the permittee. If a coal
lease is issued under the federal Mineral Leasing Act, as
amended, extensions of time may not extend beyond the period
allowed for diligent development in accordance with section 7
of that Act. If coal is to be mined for use in a synthetic fuel
facility or specific major electric generating facility, the
permittee is deemed to have commenced mining operations when
the construction of the synthetic fuel or generating facility
is initiated.
Sec. 33. Section 225C.47, subsection 3, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
Eligibility for the comprehensive family support program is
limited to families who meet all of the following conditions:
Sec. 34. Section 232.119, subsection 3, Code 2015, is
amended to read as follows:
3. To register a child on the Iowa exchange, the department
adoption worker or the private agency worker shall register the
pertinent information concerning the child on the exchange. A
photo photograph of the child and other necessary information
shall be forwarded to the department to be included in the
photo=listing book which shall be updated regularly. The
department adoption worker or the private agency worker who
places a child on the exchange shall update the registration
information within ten working days after a change in the
information occurs.
Sec. 35. Section 235A.17, subsection 3, Code 2015, is
amended to read as follows:
3. a. For the purposes of this subsection, "subject of
a child abuse report" means any individual listed in section
235A.15, subsection 2, paragraph "a", other than the attorney or
guardian ad litem of such individual.
b. An individual who is the subject of a child abuse
report may redisseminate to the governor or the governor's
designee or to a member of the general assembly or an employee
of the general assembly designated by the member, child
abuse information that was disseminated to the individual by
the department or other official source. The child abuse
information may also include the following related information
that the individual is allowed under law to possess:
department
(1) Department of human services information described in
section 217.30, subsection 1; mental.
(2) Mental health information as defined in section 228.1;
and juvenile.
(3) Juvenile court social records and other information in
official juvenile court records described in section 232.147.
c. A person who receives confidential child abuse
information and related information redisseminated under this
subsection shall not further disseminate, communicate, or
attempt to communicate the information to a person who is not
authorized by this section or other provision of law to have
access to the information.
Sec. 36. Section 235B.19, subsection 7, Code 2015, is
amended to read as follows:
7. If the department cannot obtain an emergency order
under this section due to inaccessibility of the court, the
department may contact law enforcement to remove the dependent
adult to safer surroundings, authorize the provision of
medical treatment, and order the provision of or provide other
available services necessary to remove conditions creating the
immediate danger to the health or safety of the dependent adult
or which are producing irreparable harm to the physical or
financial resources or property of the dependent adult. The
department shall obtain an emergency order under this section
not later than four 4:00 p.m. on the first succeeding business
day after the date on which protective or other services are
provided. If the department does not obtain an emergency
order within the prescribed time period, the department shall
cease providing protective services and, if necessary, make
arrangements for the immediate return of the person to the
place from which the person was removed, to the person's place
of residence in the state, or to another suitable place.
A person, agency, or institution acting in good faith in
removing a dependent adult or in providing services under this
subsection, and an employer of or person under the direction
of such a person, agency, or institution, shall have immunity
from any liability, civil or criminal, that might otherwise be
incurred or imposed as the result of the removal or provision
of services.
Sec. 37. Section 235F.6, subsection 4, unnumbered paragraph
1, Code 2015, is amended to read as follows:
The court may approve a consent agreement between the
parties entered into to bring about the cessation of elder
abuse. A consent agreement approved under this section shall
not contain any of the following:
Sec. 38. Section 237.14, Code 2015, is amended to read as
follows:
237.14 Enhanced foster care services.
The department shall provide for enhanced foster
care services by establishing supplemental per diem or
performance=based contracts which that include payment of
costs relating to payments of principal and interest for bonds
and notes issued pursuant to section 16.57 with facilities
licensed under this chapter which provide special services to
children who would otherwise be placed in a state juvenile
institution or an out=of=state program. Before completion of
the department's budget estimate as required by section 8.23,
the department shall determine and include in the estimate the
amount which should be appropriated for enhanced foster care
services for the forthcoming fiscal year in order to provide
sufficient services.
Sec. 39. Section 260C.48, subsection 4, Code 2015, is
amended to read as follows:
4. Standards relating to quality assurance of faculty
and ongoing quality professional development shall be the
accreditation standards of the higher learning commission,
and the faculty standards required under specific programs
offered by the community college that are accredited by other
accrediting agencies.
Sec. 40. Section 261B.11B, Code 2015, is amended to read as
follows:
261B.11B Voluntary registration.
A school or other postsecondary educational institution
that is exempt under section 261B.11 may voluntarily register
under this chapter 261B in order to comply with chapter 261G
or for purposes of institutional eligibility under 34 C.F.R.
{600.9(a).
Sec. 41. Section 263.6, Code 2015, is amended to read as
follows:
263.6 Management.
The management and control of such the institute of child
behavior and development shall be vested in a director
appointed by the said board of regents and an advisory board
of seven members to be appointed by the president of the
university from the faculty of the graduate college of said the
university.
Sec. 42. Section 280.17, subsection 2, paragraph a, Code
2015, is amended to read as follows:
a. The board of directors of a school district and the
authorities in charge of an accredited nonpublic school shall
place on administrative leave a school employee who is the
subject of an investigation of an alleged incident of abuse of
a student conducted in accordance with 281 IAC ch. 102.
Sec. 43. Section 284.15, subsection 2, paragraph a,
subparagraph (1), Code 2015, is amended to read as follows:
(1) The salary for an initial teacher who has successfully
completed an approved practitioner preparation program as
defined in section 272.1 or holds an initial or intern teacher
license issued under chapter 272, and who participates in the
initial beginning teacher mentoring and induction program
as provided in this chapter, shall be at least thirty=three
thousand five hundred dollars, which shall also constitute the
minimum salary for an Iowa teacher.
Sec. 44. Section 284.15, subsection 2, paragraph b,
subparagraph (1), Code 2015, is amended to read as follows:
(1) Has successfully completed the initial beginning
teacher mentoring and induction program and has successfully
completed a comprehensive evaluation.
Sec. 45. Section 310.27, Code 2015, is amended to read as
follows:
310.27 Period of allocation ==== reversion ==== temporary
transfers.
1. The farm=to=market road fund allotted to any county as
provided in this chapter shall remain available for expenditure
in said county for three years after the close of the fiscal
year during which said sums respectively were allocated. Any
sum remaining unexpended at the end of the period during which
it is available for expenditure, shall be reapportioned among
all the counties as provided in section 312.5 for original
allocations.
2. For the purposes of this section, any sums of the
farm=to=market road fund allotted to any county shall be
presumed to have been "expended" when a contract has been
awarded obligating the sums. When projects and their estimated
costs, which are proposed to be funded from the farm=to=market
road fund, are submitted to the department for approval,
the department shall estimate the total funding necessary
and the period during which claims for the projects will be
filed. After anticipating the funding necessary for approved
projects, the department may temporarily allocate additional
moneys from the farm=to=market road fund for use in any other
farm=to=market projects. However, a county shall not be
temporarily allocated funds for projects in excess of the
county's anticipated farm=to=market road fund allocation for
the current fiscal year plus the four succeeding fiscal years.
3. If in the judgment of the department the anticipated
claims against the primary road fund for any month are in
excess of moneys available, a temporary transfer for highway
construction costs may be made from the farm=to=market road
fund to the primary road fund providing there will remain
in the transferring fund a sufficient balance to meet the
anticipated obligations. All transfers shall be repaid from
the primary road fund to the farm=to=market road fund within
sixty days from the date of the transfer. A transfer shall be
made only with the approval of the director of the department
of management and shall comply with the director of the
department of management's rules relating to the transfer of
funds. Similar transfers may be made by the department from
the primary road fund to the farm=to=market road fund and these
transfers shall be subject to the same terms and conditions
that transfers from the farm=to=market road fund to the primary
road fund are subject.
Sec. 46. Section 328.1, subsection 1, paragraph u, Code
2015, is amended to read as follows:
u. "Operation of aircraft" or "operate aircraft" means the
use of aircraft for the purpose of air navigation, and includes
the navigation or piloting of aircraft and shall embrace any
person who causes or authorizes the operation of aircraft,
whether with or without the right of legal control (in, in the
capacity of owner, lessee, or otherwise) otherwise.
Sec. 47. Section 358.22, Code 2015, is amended to read as
follows:
358.22 Special assessments and connection fees.
1. The board of trustees of a sanitary district may provide
for payment of all or any portion of the costs of acquiring,
locating, laying out, constructing, reconstructing, repairing,
changing, enlarging, or extending conduits, ditches, channels,
outlets, drains, sewers, laterals, treatment plants, pumping
plants, and other necessary adjuncts thereto, by assessing all,
or any portion of the costs, on adjacent property according to
the benefits derived. For the purposes of this chapter, the
board of trustees may define "adjacent property" as all that
included within a designated benefited district or districts
to be fixed by the board, which may be all of the property
located within the sanitary district or any lesser portion
of that property. It is not a valid objection to a special
assessment that the improvement for which the assessment is
levied is outside the limits of the sanitary district, but a
special assessment shall not be made upon property situated
outside of the sanitary district. Special assessments pursuant
to this section shall be in proportion to the special benefits
conferred upon the property, and not in excess of the benefits,
and an assessment shall not exceed twenty=five percent of
the value of the property at the time of levy. The value of
a property is the present fair market value of the property
with the proposed public improvements completed. Payment of
installments of a special assessment against property used and
assessed as agricultural property shall be deferred upon the
filing of a request by the owner in the same manner and under
the same procedures as provided in chapter 384 for special
assessments by cities.
2. The assessments may be made to extend over a period not
to exceed fifteen years, payable in as nearly equal annual
installments as practicable. A majority vote of the board of
trustees is requisite and sufficient for any action required by
the board of trustees under this section.
3. Subject to the limitations otherwise stated in this
section, a sanitary district organized under this chapter has
all of the powers to specially assess the costs of improvements
described in this section, including the power to issue special
assessment bonds, warrants, project notes, or other forms of
interim financing obligations, which cities have under the laws
of this state.
4. Subject to the limitations otherwise stated in this
section, the board of trustees may establish one or more
benefited districts and schedules of fees for the connection
of property to the sanitary sewer facilities of a sanitary
district. Each person whose property will be connected to the
sanitary sewer facilities of a sanitary district shall pay a
connection fee to the sanitary district, which may include
the equitable cost of extending sanitary sewer service to
the benefited district and reasonable interest from the date
of construction to the date of payment. In establishing
the benefited districts and establishing and implementing
the schedules of fees, the board of trustees shall act in
accordance with the powers granted to a city in section 384.38,
subsection 3, and the procedures in that subsection. However,
all fees collected under this paragraph subsection shall be
paid to the sanitary district and the moneys collected as
fees shall be used only by the sanitary district to finance
improvements or extensions to its sanitary sewer facilities,
to reimburse the sanitary district for funds disbursed by
its board of trustees to finance improvements or extensions
to its sanitary sewer facilities, or to pay debt service on
obligations issued to finance improvements or extensions to
its sanitary sewer facilities. This paragraph subsection does
not apply when a sanitary district annexation plan or petition
includes annexation of an area adjoining the district or a
petition has not been presented for a sewer connection. Until
the annexation becomes effective or the annexation plan or
petition is abandoned, the state mandate contained in section
455B.172, subsections 3, 4, and 5, shall not apply unless
the property owner requests to be connected to the sanitary
district's sewer facilities and voluntarily pays the connection
fee.
Sec. 48. Section 403.6, subsection 1, Code 2015, is amended
to read as follows:
1. To undertake and carry out urban renewal projects within
its area of operation; and to make and execute contracts and
other instruments necessary or convenient to the exercise
of its powers under this chapter; and to disseminate slum
clearance and urban renewal information.
Sec. 49. Section 403A.3, subsections 2, 3, 4, and 7, Code
2015, are amended to read as follows:
2. To undertake and carry out studies and analyses of the
housing needs and of the meeting of such needs (including,
including data with respect to population and family groups
and the distribution thereof according to income groups, the
amount and quality of available housing and its distribution
according to rentals and sales prices, employment, wages and
other factors affecting the local housing needs and the meeting
thereof) thereof, and to make the results of such studies and
analyses available to the public and the building, housing, and
supply industries; and to engage in research and disseminate
information on housing and slum clearance.
3. To arrange or contract for the furnishing by any person
or agency, public or private, of services, privileges, works
or facilities for, or in connection with, a housing project or
the occupants thereof; and (notwithstanding, notwithstanding
anything to the contrary contained in this chapter or in
any other provision of law) law, to agree to any conditions
attached to federal financial assistance relating to the
determination of prevailing salaries or wages or payment of
not less than prevailing salaries or wages or compliance with
labor standards, in the development or administration of
projects, and to include in any contract let in connection
with a project, stipulations requiring that the contractor
and any subcontractor comply with requirements as to minimum
salaries or wages and maximum hours of labor, and comply with
any conditions which the federal government may have attached
to its financial aid of the project.
4. To lease or rent any dwellings, accommodations, lands,
buildings, structures or facilities embraced in any project
and (subject, subject to the limitations contained in this
chapter with respect to the rental of dwellings in housing
projects) projects, to establish and revise the rents or
charges therefor; to own, hold and improve real or personal
property; to purchase, lease, obtain options upon, acquire by
gift, grant, bequest, devise or otherwise any real or personal
property or any interest therein; to acquire by the exercise
of the power of eminent domain any real property subject to
section 403A.20; to sell, lease, exchange, transfer, assign,
pledge or dispose of any real or personal property or any
interest therein; to insure or provide for the insurance, in
any stock or mutual company of any real or personal property or
operations of the municipality against any risks or hazards;
to procure or agree to the procurement of federal or state
government insurance or guarantees of the payment of any bonds
or parts thereof issued by a municipality, including the power
to pay premiums on any such insurance.
7. To conduct examinations and investigations and to hear
testimony and take proof under oath at public or private
hearings on any matter material for its information; to
administer oaths, issue subpoenas requiring the attendance of
witnesses or the production of books and papers and to issue
commissions for the examination of witnesses who are outside of
the state or unable to attend or excused from attendance; to
make available to appropriate agencies (including, including
those charged with the duty of abating or requiring the
correction of nuisances or like conditions or of demolishing
unsafe or insanitary structures within its area of operation)
operation, its findings and recommendations with regard to any
building or property where conditions exist which are dangerous
to the public health, morals, safety or welfare.
Sec. 50. Section 422.12, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. "Emergency medical services personnel" personnel member"
means an emergency medical care provider, as defined in section
147A.1, who is certified as a first responder pursuant to
chapter 147A.
Sec. 51. Section 422.12, subsection 2, paragraph c, Code
2015, is amended to read as follows:
c. (1) A volunteer fire fighter and volunteer emergency
medical services personnel member credit equal to one hundred
dollars to compensate the taxpayer for the voluntary services
if the volunteer served for the entire tax year. A taxpayer
who is a paid employee of an emergency medical services program
or a fire department and who is also a volunteer emergency
medical services personnel member or volunteer fire fighter in
a city, county, or area governed by an agreement pursuant to
chapter 28E where the emergency medical services program or
fire department performs services, shall qualify for the credit
provided under this paragraph "c".
(2) If the taxpayer is not a volunteer fire fighter or
volunteer emergency medical services personnel member for
the entire tax year, the maximum amount of the credit shall
be prorated and the amount of credit for the taxpayer shall
equal the maximum amount of credit for the tax year, divided by
twelve, multiplied by the number of months in the tax year the
taxpayer was a volunteer. The credit shall be rounded to the
nearest dollar. If the taxpayer is a volunteer during any part
of a month, the taxpayer shall be considered a volunteer for
the entire month. If the taxpayer is a volunteer fire fighter
and a volunteer emergency medical services personnel member
during the same month, a credit may be claimed for only one
volunteer position for that month.
(2) (3) The taxpayer is required to have a written
statement from the fire chief or other appropriate supervisor
verifying that the taxpayer was a volunteer fire fighter or
volunteer emergency medical services personnel member for the
months for which the credit under this paragraph "c" is claimed.
Sec. 52. Section 422.12, subsection 2, paragraph d,
subparagraphs (3) and (4), Code 2015, are amended to read as
follows:
(3) If the taxpayer is a reserve peace officer during
the same month as the taxpayer is a volunteer fire fighter
or volunteer emergency medical services personnel member, as
defined in this section, a credit may be claimed for only one
position for that month under either paragraph "c" or this
paragraph or paragraph "c" "d".
(4) The taxpayer is required to have a written statement
from the chief of police, sheriff, commissioner of public
safety, or other appropriate supervisor verifying that the
taxpayer was a reserve peace officer for the months for which
the credit under this paragraph "d" is claimed.
Sec. 53. Section 422.17, Code 2015, is amended to read as
follows:
422.17 Certificate issued by department to make payments
without withholding.
Any nonresident whose Iowa income is not subject to section
422.16, subsection 1, in whole or in part, and who elects to
be governed by section 422.16, subsection 12, of that section
to the extent that the nonresident pays the entire amount of
tax properly estimated on or before the last day of the fourth
month of the nonresident's tax year, for the year, may for the
year of the election and payment, be granted a certificate from
the department authorizing each withholding agent, the income
from whom the nonresident has considered in the payment of
estimated tax and to the extent the income is included in the
estimate, to make payments of income to the nonresident without
withholding tax from those payments. Withholding agents, if
payments exceed the tax liability estimated by the nonresident
as indicated upon the certificate, shall withhold tax in
accordance with subsection 12 of section 422.16, subsection 12.
Sec. 54. Section 423.1, subsection 43, Code 2015, is amended
to read as follows:
43. a. "Receive" and "receipt" mean any of the following:
a. (1) Taking possession of tangible personal property.
b. (2) Making first use of a service.
c. (3) Taking possession or making first use of digital
goods, whichever comes first.
b. "Receive" and "receipt" do not include possession by a
shipping company on behalf of a purchaser.
Sec. 55. Section 423.29, Code 2015, is amended to read as
follows:
423.29 Collections by sellers.
1. Every seller who is a retailer and who is making taxable
sales of tangible personal property in Iowa shall, at the time
of selling the property, collect the sales tax. Every seller
who is a retailer maintaining a place of business in this state
and selling tangible personal property for use in Iowa shall,
at the time of making the sale, whether within or without the
state, collect the use tax. Sellers required to collect sales
or use tax shall give to any purchaser a receipt for the tax
collected in the manner and form prescribed by the director.
2. Every seller who is a retailer furnishing taxable
services in Iowa and every seller who is a retailer maintaining
a place of business in this state and furnishing taxable
services in Iowa or services outside Iowa if the product or
result of the service is used in Iowa shall be subject to the
provisions of the preceding paragraph subsection 1.
Sec. 56. Section 423.32, subsection 1, Code 2015, is amended
to read as follows:
1. a. A retailer maintaining a place of business in this
state who is required to collect or a user who is required to
pay the use tax or a foreign retailer authorized, pursuant to
section 423.30, to collect the use tax, shall remit to the
department the amount of tax on or before the last day of the
month following each calendar quarterly period. However, a
retailer who collects or owes more than fifteen hundred dollars
in use taxes in a month shall deposit with the department or in
a depository authorized by law and designated by the director,
the amount collected or owed, with a deposit form for the month
as prescribed by the director.
a. b. The deposit form is due on or before the twentieth
day of the month following the month of collection, except a
deposit is not required for the third month of the calendar
quarter, and the total quarterly amount, less the amounts
deposited for the first two months of the quarter, is due with
the quarterly report on the last day of the month following
the month of collection. At that time, the retailer shall
file with the department a return for the preceding quarterly
period in the form prescribed by the director showing the
purchase price of the tangible personal property sold by the
retailer during the preceding quarterly period, the use of
which is subject to the use tax imposed by this chapter, and
other information the director deems necessary for the proper
administration of the use tax.
b. c. The return shall be accompanied by a remittance
of the use tax for the period covered by the return. If
necessary in order to ensure payment to the state of the tax,
the director may in any or all cases require returns and
payments to be made for other than quarterly periods. The
director, upon request and a proper showing of necessity,
may grant an extension of time not to exceed thirty days for
making any return and payment. Returns shall be signed, in
accordance with forms and rules prescribed by the director, by
the retailer or the retailer's authorized agent, and shall be
certified by the retailer or agent to be correct.
Sec. 57. Section 423D.4, Code 2015, is amended to read as
follows:
423D.4 Administration by director.
1. The director of revenue shall administer the excise
tax on the sale and use of equipment as nearly as possible in
conjunction with the administration of the state sales and use
tax law, except that portion of the law which implements the
streamlined sales and use tax agreement. The director shall
provide appropriate forms, or provide on the regular state
tax forms, for reporting the sale and use of equipment excise
tax liability. All moneys received and all refunds shall be
deposited in or withdrawn from the general fund of the state.
2. The director may require all persons who are engaged
in the business of deriving any sales price or purchase
price subject to tax under this chapter to register with
the department. The director may also require a tax permit
applicable only to this chapter for any retailer not
collecting, or any user not paying, taxes under chapter 423.
3. Section 422.25, subsection 4, sections 422.30, 422.67,
and 422.68, section 422.69, subsection 1, sections 422.70,
422.71, 422.72, 422.74, and 422.75, section 423.14, subsection
1, and sections 423.23, 423.24, 423.25, 423.31 through
423.35, 423.37 through 423.42, and 423.47, consistent with
the provisions of this chapter, apply with respect to the tax
authorized under this chapter, in the same manner and with the
same effect as if the excise taxes on equipment sales or use
were retail sales taxes within the meaning of those statutes.
Notwithstanding this paragraph subsection, the director shall
provide for quarterly filing of returns and for other than
quarterly filing of returns both as prescribed in section
423.31. All taxes collected under this chapter by a retailer
or any user are deemed to be held in trust for the state of
Iowa.
Sec. 58. Section 427.1, subsection 22, paragraph a, Code
2015, is amended to read as follows:
a. Application for this exemption shall be filed with the
commissioners of the soil and water conservation district
in which the property is located, not later than February 1
of the assessment year, on forms provided by the department
of revenue. The application shall describe and locate the
property to be exempted and have attached to it an aerial photo
photograph of that property on which is outlined the boundaries
of the property to be exempted. In the case of an open prairie
that has been restored or reestablished, the property shall
be inspected and certified as provided by the county board
of supervisors as having adequate ground cover consisting of
native species and that all primary and secondary noxious weeds
present are being controlled to prevent the spread of seeds by
either wind or water. In the case of an open prairie which
is or includes a gully area susceptible to severe erosion, an
approved erosion control plan must accompany the application.
Sec. 59. Section 452A.65, Code 2015, is amended to read as
follows:
452A.65 Failure to promptly pay fuel taxes ==== refunds ====
interest and penalties ==== successor liability.
1. In addition to the tax or additional tax, the taxpayer
shall pay a penalty as provided in section 421.27. The
taxpayer shall also pay interest on the tax or additional
tax at the rate in effect under section 421.7 counting each
fraction of a month as an entire month, computed from the date
the return was required to be filed. If the amount of the tax
as determined by the appropriate state agency is less than the
amount paid, the excess shall be refunded with interest, the
interest to begin to accrue on the first day of the second
calendar month following the date of payment or the date the
return was due to be filed or was filed, whichever is the
latest, at the rate in effect under section 421.7 counting
each fraction of a month as an entire month under the rules
prescribed by the appropriate state agency. Claims for
refund filed under sections 452A.17 and 452A.21 shall accrue
interest beginning with the first day of the second calendar
month following the date the refund claim is received by the
department.
2. A report required of licensees or persons operating under
division III, upon which no tax is due, is subject to a penalty
of ten dollars if the report is not timely filed with the state
department of transportation.
3. If a licensee or other person sells the licensee's
or other person's business or stock of goods or quits the
business, the licensee or other person shall prepare a final
return and pay all tax due within the time required by law.
The immediate successor to the licensee or other person, if
any, shall withhold sufficient of the purchase price, in
money or money's worth, to pay the amount of any delinquent
tax, interest or penalty due and unpaid. If the immediate
successor of the business or stock of goods intentionally
fails to withhold any amount due from the purchase price as
provided in this paragraph subsection, the immediate successor
is personally liable for the payment of the taxes, interest
and penalty accrued and unpaid on account of the operation of
the business by the immediate former licensee or other person,
except when the purchase is made in good faith as provided
in section 421.28. However, a person foreclosing on a valid
security interest or retaking possession of premises under a
valid lease is not an "immediate successor" for purposes of this
paragraph subsection. The department may waive the liability
of the immediate successor under this paragraph subsection if
the immediate successor exercised good faith in establishing
the amount of the previous liability.
Sec. 60. Section 455D.16, subsection 4, paragraph a,
subparagraph (4), Code 2015, is amended to read as follows:
(4) That collection points will be established to serve
homeowners. The collection points shall include but are not
limited to regional collection centers permitted under 567 IAC
ch. 123. Collection points may include but are not limited to
thermostat retailers.
Sec. 61. Section 476.53, subsection 3, paragraph a,
subparagraph (1), Code 2015, is amended to read as follows:
(1) (a) Files an application pursuant to section 476A.3 to
construct in Iowa a baseload electric power generating facility
with a nameplate generating capacity equal to or greater
than three hundred megawatts or a combined=cycle electric
power generating facility, or an alternate energy production
facility as defined in section 476.42, or to significantly
alter an existing generating facility. For purposes of
this subparagraph, a significant alteration of an existing
generating facility must, in order to qualify for establishment
of ratemaking principles, fall into one of the following
categories:
(a) (i) Conversion of a coal fueled facility into a gas
fueled facility.
(b) (ii) Addition of carbon capture and storage facilities
at a coal fueled facility.
(c) (iii) Addition of gas fueled capability to a coal
fueled facility, in order to convert the facility to one that
will rely primarily on gas for future generation.
(d) (iv) Addition of a biomass fueled capability to a coal
fueled facility.
(b) With respect to a significant alteration of an
existing generating facility, an original facility shall
not be required to be either a baseload or a combined=cycle
facility. Only the incremental investment undertaken by a
utility under subparagraph divisions (a) subdivision (i), (b)
(ii), (c) (iii), or (d) (iv) shall be eligible to apply the
ratemaking principles established by the order issued pursuant
to paragraph "e". Facilities for which advanced ratemaking
principles are obtained pursuant to this section shall not
be subject to a subsequent board review pursuant to section
476.6, subsection 20, to the extent that the investment has
been considered by the board under this section. To the
extent an eligible utility has been authorized to make capital
investments subject to section 476.6, subsection 20, such
investments shall not be eligible for ratemaking principles
pursuant to this section.
Sec. 62. Section 480.1, subsection 4, Code 2015, is amended
to read as follows:
4. a. "Excavation" means an operation in which a structure
or earth, rock, or other material in or on the ground is moved,
removed, or compressed, or otherwise displaced by means of any
tools, equipment, or explosives and includes but is not limited
to grading, trenching, tiling, digging, ditching, drilling,
augering, tunneling, scraping, cable or pipe plowing, driving,
and demolition of structures.
b. "Excavation" does not include normal farming operations,
residential, commercial, or similar gardening, the opening of a
grave site in a cemetery, normal activities involved in land
surveying pursuant to chapter 542B, operations in a solid waste
disposal site which has planned for underground facilities,
the replacement of an existing traffic sign at its current
location and at no more than its current depth, and normal road
or highway maintenance which does not change the original grade
of the roadway or the ditch.
Sec. 63. Section 491.3, subsection 6, Code 2015, is amended
to read as follows:
6. To make contracts, acquire and transfer property ====
possessing property, possessing the same powers in such
respects as natural persons.
Sec. 64. Section 491.20, Code 2015, is amended to read as
follows:
491.20 Amendments ==== fees.
1. Amendments to articles of incorporation making changes
in any of the provisions of the articles may be made at any
annual meeting of the stockholders or special meeting called
for that purpose, and they shall be valid only when approved by
the shareholders and filed with the secretary of state. If no
increase is made in the amount of capital stock, a certificate
fee of one dollar and a recording fee of fifty cents per page
must be paid. Where capital stock is increased the certificate
fee shall be omitted but there shall be paid a recording fee
of fifty cents per page and in addition a filing fee which
in case of corporations existing for a period of years shall
be one dollar per thousand of such increase and in case of
corporations empowered to exist perpetually shall be one dollar
and ten cents per thousand of such increase. Corporations
providing for perpetual existence by amendment to its articles
shall, at the time of filing such amendment, pay to the
secretary of state a fee of one hundred dollars together with a
recording fee of fifty cents per page, and, for all authorized
capital stock in excess of ten thousand dollars, an additional
fee of one dollar ten cents per thousand.
2. a. Its articles of incorporation to the contrary
notwithstanding, if three=fourths of the voting stock of any
corporation organized under the provisions of this chapter,
with assets of the value of one million dollars or more, is
owned by individuals owning not more than one share each of
the voting stock thereof, said articles may be amended at any
regular or special meeting of stockholders, when a notice in
writing of the substance of the proposed amendment has been
mailed by ordinary mail to each voting stockholder of such
corporation not more than ninety nor less than sixty days prior
to said meeting, by the affirmative vote of two=thirds of the
voting stock represented at said meeting when said amendment is
approved by the affirmative vote of two=thirds of the members
of the board of directors at a meeting prior to the mailing of
said notice.
b. If such corporation is renewed under the provisions of
section 491.25, the voting stock of dissenting stockholders or
any portion thereof may be purchased by the corporation at its
option as provided in said section 491.25.
Sec. 65. Section 491.25, Code 2015, is amended to read as
follows:
491.25 Renewal ==== conditions.
1. Corporations existing for a period of years may be
renewed from time to time for the same or shorter periods, or
may be renewed to exist perpetually, upon compliance with the
provisions of this section and other applicable statutes.
2. The right of renewal is vested in the stockholders and
shall be exercised by a resolution thereof adopted at any
regular meeting or at any special meeting called for that
purpose. Such resolution must be adopted by a majority of all
the votes cast at such meeting, or by such other vote as is
authorized or required in the company's existing articles of
incorporation.
3. If the renewal instrument in proper form and the
necessary fees are tendered to the secretary of state for
filing three months or less either prior or subsequent to the
corporation's expiration date, such the renewal shall take
effect immediately upon the expiration of the corporation's
previous period of existence, and in such case, the corporate
existence shall be considered as having been extended without
interruption. If the renewal is filed more than three months
before or after the expiration date, such the renewal shall
take effect upon the date such renewal with necessary fees is
accepted and filed by the secretary of state; and in cases
where filed more than three months after the expiration date,
shall not be in legal effect a renewal unless the procedure
provided for and the additional fees provided for in section
491.28 are fully complied with and paid.
4. In all cases of renewal, those stockholders voting for
such renewal must purchase at its real value the stock voted
against such the renewal, and shall have three years from the
date such action for renewal was taken in which to purchase
and pay for the stock voting against such the renewal, which
purchase price shall bear interest at the rate of five percent
per annum from the date of such the renewal action until paid.
Sec. 66. Section 499.9, Code 2015, is amended to read as
follows:
499.9 Penalties ==== performance ==== injunction ==== arbitration.
1. a. Contracts permitted by section 499.8 may provide
that the member pay the association any sum, fixed in amount
or by a specified method of computation, for each violation
thereof; also all the association's expenses of any suit
thereon, including bond premiums and attorney's fees. All
such provisions shall be enforced as written, whether at law
or in equity, and shall be deemed proper measurement of actual
damages, and not penalties or forfeitures.
b. The association may obtain specific performance of any
such contract, or enjoin its threatened or continued breach,
despite the adequacy of any legal or other remedy.
c. If the association files a verified petition, showing an
actual or threatened breach of any such contract and seeking
any remedy therefor, the court shall, without notice or
delay but on such bond as it deems proper, issue a temporary
injunction against such breach or its continuance.
2. The parties to such contracts may agree to arbitrate
any controversy subsequently arising thereunder, and fix the
number of arbitrators and method of their appointment. Such
agreements shall be valid and irrevocable, except on such
grounds as invalidate contracts generally. If they specify no
method for appointing arbitrators, or if either party fails
to follow such method, or if for any reason arbitrators are
not named or vacancies filled, either party may apply to the
district court to designate the necessary arbitrator, who shall
then act under the agreement with the same authority as if
named in it. Unless otherwise agreed, there shall be but one
arbitrator.
Sec. 67. Section 499B.7, subsection 2, Code 2015, is amended
to read as follows:
2. Any conveyance, encumbrance, lien, alienation, or
devise of an apartment under a horizontal property regime by
any instrument which describes the land and apartment as set
forth in section 499B.4, shall also convey, encumber, alienate,
devise, or be a lien upon the fractional or percentage
interest appurtenant to each such apartment under section
499B.4, subsection 6, to the general common elements, and the
respective share or percentage interest to limited common
elements where applicable, whether such general common elements
or limited common elements are described as in section 499B.4,
subsections 4 and 5, by general reference only, or not at all.
Sec. 68. Section 499B.15, subsections 3 and 4, Code 2015,
are amended to read as follows:
3. Method of calling or summoning the co=owners to assemble;
what percentage, if other than a majority of apartment owners,
shall constitute a quorum; who is to preside over the meeting;
and who will keep the minute book wherein the resolutions shall
be recorded.
4. Maintenance, repair, and replacement of the common areas
and facilities and payments therefor including the method of
approving payment vouchers.
Sec. 69. Section 507B.5, subsection 1, paragraph c, Code
2015, is amended to read as follows:
c. Require directly or indirectly that any borrower,
mortgagor, purchaser, insurer, broker, or agent pay a separate
charge, in connection with the handling of any insurance
policy required as security for a loan on real estate, or pay
a separate charge to substitute the insurance policy of one
insurer for that of another.
Sec. 70. Section 507C.4, subsection 5, Code 2015, is amended
to read as follows:
5. All action actions authorized in this chapter shall be
brought in the district court in Polk county.
Sec. 71. Section 508.38, subsection 1, Code 2015, is amended
to read as follows:
1. This section does not apply to any reinsurance,
group annuity purchased under a retirement plan or plan of
deferred compensation established or maintained by an employer
(including, including a partnership or sole proprietorship)
proprietorship, or by an employee organization, or by both,
other than a plan providing individual retirement accounts or
individual retirement annuities under section 408 of the United
States Internal Revenue Code, as now or hereafter amended,
premium deposit fund, variable annuity, investment annuity,
immediate annuity, any deferred annuity contract after annuity
payments have commenced, or reversionary annuity, nor to any
contract which is delivered outside this state through an agent
or other representative of the company issuing the contract.
Sec. 72. Section 509.4, Code 2015, is amended to read as
follows:
509.4 Number insured.
An insurer may issue policies of individual life, accident,
health, hospital, medical or surgical insurance or any
combination thereof at reduced rates to employees of a common
employer including the state, a county, school district, city
or institution supported in whole or in part by public funds,
but the number of employees to be insured must be more than
one. The premium for such policies may be paid wholly or in
part by the employer. If such policies shall provide term life
insurance renewable only during the continuance of employment
with the employer they shall also provide for conversion to a
level premium life policy substantially in accordance with the
provisions of subsection 8 of section 509.2, subsection 8.
Sec. 73. Section 514.4, Code 2015, is amended to read as
follows:
514.4 Directors.
1. a. At least two=thirds of the directors of a hospital
service corporation, medical service corporation, dental
service corporation, or pharmaceutical or optometric service
corporation subject to this chapter shall be at all times
subscribers and not more than one=third of the directors
shall be providers as provided in this section. The board of
directors of each corporation shall consist of at least nine
members.
b. A subscriber director is a director of the board of
a corporation who is a subscriber and who is not a provider
of health care pursuant to section 514B.1, subsection 7, a
person who has material financial or fiduciary interest in the
delivery of health care services or a related industry, an
employee of an institution which provides health care services,
or a spouse or a member of the immediate family of such a
person. However, a subscriber director of a dental service
corporation may be an employee, officer, director, or trustee
of a hospital that does not contract with the dental service
corporation. A subscriber director of a hospital or medical
service corporation shall be a subscriber of the services of
that corporation.
c. A provider director of a corporation subject to this
chapter shall be at all times a person who has a material
financial interest in or is a fiduciary to or an employee
of or is a spouse or member of the immediate family of a
provider having a contract with such corporation to render to
its subscribers the services of such corporation or who is a
hospital trustee.
2. A director may serve on a board of only one corporation
at a time subject to this chapter.
3. The commissioner of insurance shall adopt rules pursuant
to chapter 17A to implement the process of the election of
subscriber directors of the board of directors of a corporation
to ensure the representation of a broad spectrum of subscriber
interest on each board and establish criteria for the selection
of nominees. The rules shall provide for an independent
subscriber nominating committee to serve until the composition
of the board of directors meets the percentage requirements
of this section. Once the composition requirements of this
section are met, the nominations for subscriber directors
shall be made by the subscriber directors of the board under
procedures the board establishes which shall also permit
nomination by a petition of at least fifty subscribers. The
board shall also establish procedures to permit nomination of
provider directors by petition of at least fifty participating
providers. A member of the board of directors of a corporation
subject to this chapter shall not serve on the independent
subscriber nominating committee. The nominating committee
shall consist of subscribers as defined in this section. The
rules of the commissioner of insurance shall also permit
nomination of subscriber directors by a petition of at least
fifty subscribers, and nomination of provider directors
by a petition of at least fifty participating providers.
These petitions shall be considered only by the independent
nominating committee during the duration of the committee.
Following the discontinuance of the committee, the petition
process shall be continued and the board of directors of the
corporation shall consider the petitions. The independent
subscriber nominating committee is not subject to chapter 17A.
The nominating committee shall not receive per diem or expenses
for the performance of their duties.
4. Population factors, representation of different
geographic regions, and the demography of the service area of
the corporation subject to this chapter shall be considered
when making nominations for the board of directors of a
corporation subject to this chapter.
5. A corporation serving states in addition to Iowa shall be
required to implement this section only for directors who are
residents of Iowa and elected as board members from Iowa.
Sec. 74. Section 514G.105, subsection 10, paragraph c, Code
2015, is amended to read as follows:
c. The requirements of a policy summary set forth in
paragraph "b" may be incorporated into the basic illustration
required to be delivered in accordance with 191 IAC ch. 14, or
into the life insurance policy summary required to be delivered
in accordance with 191 IAC 15.4.
Sec. 75. Section 515.109, subsection 6, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
a. The form of the standard policy (with permission to
substitute for the word "company" a more accurate descriptive
term for the type of insurer) shall be as follows:
Sec. 76. Section 515.109, subsection 6, unnumbered
paragraph 2, Code 2015, is amended to read as follows:
b. It is important that the written portions of all policies
covering the same property read exactly alike. If they do not,
they should be made uniform at once.
Sec. 77. Section 515A.4, subsection 5, Code 2015, is amended
to read as follows:
5. Under such rules and regulations as the commissioner
shall adopt the commissioner may, by written order, suspend or
modify the requirement of filing as to any kind of insurance,
subdivision or combination thereof, or as to classes of risks,
the rates for which cannot practicably be filed before they are
used. Such order, rules and regulations shall be made known
to insurers and rating organizations affected thereby. The
commissioner may make such examination as the commissioner
may deem advisable to ascertain whether any rates affected by
such order meet the standards set forth in paragraph "b" of
subsection 1 of section 515A.3, subsection 1, paragraph "b".
Sec. 78. Section 515A.8, subsection 2, Code 2015, is amended
to read as follows:
2. If such appeal is based upon the failure of the rating
organization to make a filing on behalf of such member or
subscriber, which is based on a system of expense provisions
which differs, in accordance with the right granted in
paragraph "c" of subsection 1 of section 515A.3, subsection 1,
paragraph "c", from the system of expense provisions included
in a filing made by the rating organization, the commissioner
shall, if the commissioner grants the appeal, order the rating
organization to make the requested filing for use by the
appellant. In deciding such appeal the commissioner shall
apply the standards set forth in section 515A.3.
Sec. 79. Section 517.1, unnumbered paragraph 1, Code 2015,
is amended to read as follows:
Every corporation, association, company, or reciprocal
exchange writing any of the several classes of insurance
authorized by paragraph "d" of subsection 5 of section 515.48,
subsection 5, paragraph "d", shall maintain reserves for
outstanding losses under insurance against loss or damage from
accident to or injuries suffered by an employee or other person
and for which the insured is liable computed as follows:
Sec. 80. Section 522.6, subsection 5, paragraph b, Code
2015, is amended to read as follows:
b. Require that an insurer maintain a risk management
framework, conduct an own risk and solvency assessment,
and file an own risk and solvency assessment summary report
if the insurer has a risk=based capital level that is a
company=action=level event as set forth in section 521E.3 for
insurers and section 521F.4 for health organizations or that
would cause the insurer to be in hazardous financial condition
as set forth in 191 IAC ch. 110, or if the insurer otherwise
exhibits qualities of a troubled insurer as determined by the
commissioner.
Sec. 81. Section 524.541, Code 2015, is amended to read as
follows:
524.541 Lists ==== filing with superintendent.
1. Every state bank shall cause to be kept a full and
correct list of the names and addresses of the officers,
directors, and shareholders of the state bank, and the
number of shares held by each. If an affiliate, as defined
in subsection 4 of section 524.1101, subsection 4, is a
shareholder in a state bank, such list shall include the names,
addresses, and percentage of ownership or interest in the
affiliate of the shareholders, members, or other individuals
possessing a beneficial interest in said affiliate.
2. A copy of the list as of the date of the adjournment
of each annual meeting of shareholders, in the form of an
affidavit signed by the president or cashier of the state bank,
shall be transmitted to the superintendent within ten days
after such annual meeting.
Sec. 82. Section 524.1003, Code 2015, is amended to read as
follows:
524.1003 Removal of fiduciary powers.
1. a. If the superintendent at any time concludes that
a state bank authorized to act in a fiduciary capacity is
managing its accounts in an unsafe or unsound manner, or in a
manner in conflict with the provisions of this chapter, and
such state bank refuses to correct such practices upon notice
to do so, the superintendent may forthwith direct that the
state bank cease to act as a fiduciary and proceed to resign
its fiduciary positions.
b. In such event the superintendent shall cause to be filed
a petition in the district court in which the state bank has
its principal place of business setting forth in general terms
that the state bank is acting as fiduciary with respect to
certain property and that it is necessary and desirable that
successor fiduciaries be appointed. Upon the filing of the
petition the court shall enter an order requiring all persons
interested in all such fiduciary accounts to designate and
take all necessary measures to appoint a successor fiduciary
within a time to be fixed by the order, or to show cause why a
successor fiduciary should not be appointed by the court. The
court shall also direct the state bank to mail a copy of the
order to each living settlor and each person known by the state
bank to have a beneficial interest in the fiduciary accounts
with respect to which the state bank is fiduciary and with
respect to which it is being asked to resign its position.
Such notice shall be mailed to the last known address of each
such settlor and person having a beneficial interest as shown
by the records of the state bank. The court may also order
publication of such order to the extent that it deems necessary
to protect the interests of absent or remote beneficiaries.
2. In any fiduciary account where those interested therein
fail to cause a successor fiduciary to be appointed prior
to the time fixed in such order, the court shall appoint a
successor fiduciary. A successor fiduciary appointed in
accordance with the terms of this section shall succeed to all
the rights, powers, titles, duties and responsibilities of
the state bank, except that the successor fiduciary shall not
exercise powers given in the instrument creating the powers
that by its express terms are personal to the fiduciary therein
designated and except claims or liabilities arising out of the
management of the fiduciary account prior to the date of the
transfer.
Sec. 83. Section 524.1601, subsections 1, 2, and 3, Code
2015, are amended to read as follows:
1. A director, officer, or employee of a state bank or bank
holding company who willfully violates any of the provisions
of subsection 4 of section 524.612, subsection 4; section
524.613,; subsection 2 of section 524.706, subsection 2,
insofar as such subsection incorporates subsection 4 of section
524.612, subsection 4; or section 524.710, shall be guilty of a
serious misdemeanor, and, in the following circumstances, shall
pay an additional fine or fines equal to:
a. The amount of money or the value of the property which
the director, officer, or employee received for procuring,
or attempting to procure, a loan, extension of credit, or
investment by the state bank or bank holding company, upon
conviction of a violation of subsection 1 of section 524.613,
subsection 1, or of subsection 1 of section 524.710, subsection
1.
b. The amount by which the director's, officer's, or
employee's deposit account in the state bank or bank holding
company is overdrawn, upon conviction of a violation of
subsection 2 of section 524.613, subsection 2, or of subsection
2 of section 524.710, subsection 2.
c. The amount of any profit which the director, officer,
or employee receives on the transaction, upon conviction of
a violation of subsection 4 of section 524.612, subsection 4
or of subsection 2 of section 524.706, subsection 2, insofar
as each applies to purchases from and sales to a state bank
or bank holding company upon terms more favorable to such
director, officer, or employee than those offered to other
persons.
d. The amount of profit, fees, or other compensation
received, upon conviction of a violation of section 524.710,
subsection 1, paragraph "b".
2. A director or officer who willfully makes or receives
a loan in violation of subsection 1 of section 524.612,
subsection 1, or subsection 1 of section 524.706, subsection 1,
shall be guilty of a serious misdemeanor and shall be subject
to an additional fine equal to that amount of the loan in
excess of the limitation imposed by such subsections, and shall
be forever disqualified from acting as a director or officer
of any state bank or bank holding company. For the purpose
of this subsection, amounts which are treated as obligations
of an officer or director pursuant to subsection 5 of section
524.612, subsection 5, shall be considered in determining
whether the loan or extension of credit is in violation of
subsection 1 of section 524.612, subsection 1, and subsection 1
of section 524.706, subsection 1.
3. A director, officer, or employee of a state bank or
bank holding company who willfully makes or receives a loan or
extension of credit of funds held by the state bank or bank
holding company as fiduciary, in violation of subsection 4 of
section 524.1002, subsection 4, shall be guilty of a serious
misdemeanor and shall be subject to a further fine equal to the
amount of the loan or extension of credit made in violation of
subsection 4 of section 524.1002, subsection 4, and shall be
forever disqualified from acting as a director, officer, or
employee of any state bank or bank holding company.
Sec. 84. Section 535.10, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. A lender may collect in connection with establishing
or renewing a home equity line of credit the costs listed
in section 535.8, subsection 4, paragraphs paragraph "a" or
"b", charges for insurance as described in section 537.2501,
subsection 2, and a loan processing fee as agreed between
the borrower and the lender, and annually may collect an
account maintenance fee of not more than fifteen dollars.
Fees collected under this subsection shall be disregarded
for purposes of determining the maximum charge permitted by
subsection 4.
Sec. 85. Section 544A.28, Code 2015, is amended to read as
follows:
544A.28 Seal required.
1. An architect shall procure a seal with which to identify
all technical submissions issued by the architect for use in
this state. The seal shall be of a design, content, and size
designated by the board.
2. a. Technical submissions prepared by an architect, or
under an architect's direct supervision and responsible charge,
shall be stamped with the impression of the architect's seal.
The board shall designate by rule the location, frequency, and
other requirements for use of the seal. An architect shall
not impress the architect's seal on technical submissions if
the architect was not the author of the technical submissions
or if they were not prepared under the architect's direct
supervision and responsible charge. An architect who merely
reviews standardized construction documents for pre=engineered
or prototype buildings, is not the author of the technical
submissions and the technical submissions were not prepared
under a reviewing architect's responsible charge.
b. An architect shall cause those portions of technical
submissions prepared by a professional consultant to be stamped
with the impression of the seal of the professional consultant,
with a clear identification of the consultant's areas of
responsibility, signature, and date of issuance.
3. A public official charged with the enforcement of the
state building code, as adopted pursuant to section 103A.7,
or a municipal or county building code, shall not accept or
approve any technical submissions involving the practice of
architecture unless the technical submissions have been stamped
with the architect's seal as required by this section or unless
the applicant has certified on the technical submission to the
applicability of a specific exception under section 544A.18
permitting the preparation of technical submissions by a person
not registered under this chapter. A building permit issued
with respect to technical submissions which do not conform to
the requirements of this section is invalid.
Sec. 86. Section 547.1, Code 2015, is amended to read as
follows:
547.1 Use of trade name ==== verified statement required.
A person shall not engage in or conduct a business under
a trade name, or an assumed name of a character other than
the true surname of each person owning or having an interest
in the business, unless the person first records with the
county recorder of the county in which the business is to be
conducted a verified statement showing the name, post office
address, and residence address of each person owning or having
an interest in the business, and the address where the business
is to be conducted. However, this provision does not apply
to any person organized or incorporated in this state as a
domestic entity or authorized to do business in this state as a
foreign entity, if the person is a limited partnership under
chapter 488; a limited liability company under chapter 489;
a corporation under chapter 490; a limited liability company
under chapter 489; a professional corporation under chapter
496C; a cooperative or cooperative association under chapter
497, 498, 499, 501, or 501A; or a nonprofit corporation under
chapter 504.
Sec. 87. Section 554.2311, subsection 1, Code 2015, is
amended to read as follows:
1. An agreement for sale which is otherwise sufficiently
definite (subsection 3 of section 554.2204) (section 554.2204,
subsection 3) to be a contract is not made invalid by the fact
that it leaves particulars of performance to be specified by
one of the parties. Any such specification must be made in
good faith and within limits set by commercial reasonableness.
Sec. 88. Section 554.2323, subsection 2, paragraph a, Code
2015, is amended to read as follows:
a. due tender of a single part is acceptable within the
provisions of this Article on cure of improper delivery
(subsection 1 of section 554.2508) (section 554.2508,
subsection 1); and
Sec. 89. Section 554.2503, subsection 5, paragraph a, Code
2015, is amended to read as follows:
a. the seller must tender all such documents in correct
form except as provided in this Article with respect to bills
of lading in a set (subsection 2 of section 554.2323) (section
554.2323, subsection 2); and
Sec. 90. Section 554.2505, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. a nonnegotiable bill of lading to the seller or the
seller's nominee reserves possession of the goods as security,
but except in a case of conditional delivery (subsection
2 of section 554.2507) (section 554.2507, subsection 2) a
nonnegotiable bill of lading naming the buyer as consignee
reserves no security interest even though the seller retains
possession or control of the bill of lading.
Sec. 91. Section 554.2513, subsection 3, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
Unless otherwise agreed and subject to the provisions of
this Article on C.I.F. contracts (subsection 3 of section
554.2321) (section 554.2321, subsection 3), the buyer is not
entitled to inspect the goods before payment of the price when
the contract provides
Sec. 92. Section 554.2602, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. if the buyer has before rejection taken physical
possession of goods in which the buyer does not have a security
interest under the provisions of this Article (subsection 3 of
section 554.2711) (section 554.2711, subsection 3), the buyer
is under a duty after rejection to hold them with reasonable
care at the seller's disposition for a time sufficient to
permit the seller to remove them; but
Sec. 93. Section 554.2603, subsection 1, Code 2015, is
amended to read as follows:
1. Subject to any security interest in the buyer (subsection
3 of section 554.2711) (section 554.2711, subsection 3), when
the seller has no agent or place of business at the market of
rejection a merchant buyer is under a duty after rejection of
goods in the merchant buyer's possession or control to follow
any reasonable instructions received from the seller with
respect to the goods and in the absence of such instructions
to make reasonable efforts to sell them for the seller's
account if they are perishable or threaten to decline in
value speedily. Instructions are not reasonable if on demand
indemnity for expenses is not forthcoming.
Sec. 94. Section 554.2606, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. fails to make an effective rejection (subsection 1 of
section 554.2602) (section 554.2602, subsection 1), but such
acceptance does not occur until the buyer has had a reasonable
opportunity to inspect them; or
Sec. 95. Section 554.2607, subsection 3, paragraph b, Code
2015, is amended to read as follows:
b. if the claim is one for infringement or the like
(subsection 3 of section 554.2312) (section 554.2312,
subsection 3) and the buyer is sued as a result of such a
breach the buyer must so notify the seller within a reasonable
time after the buyer receives notice of the litigation or be
barred from any remedy over for liability established by the
litigation.
Sec. 96. Section 554.2607, subsection 5, paragraph b, Code
2015, is amended to read as follows:
b. if the claim is one for infringement or the like
(subsection 3 of section 554.2312) (section 554.2312,
subsection 3) the original seller may demand in writing that
the seller's buyer turn over to the seller control of the
litigation including settlement or else be barred from any
remedy over and if the seller also agrees to bear all expense
and to satisfy any adverse judgment, then unless the buyer
after seasonable receipt of the demand does turn over control
the buyer is so barred.
Sec. 97. Section 554.2607, subsection 6, Code 2015, is
amended to read as follows:
6. The provisions of subsections 3, 4 and 5 apply to any
obligation of a buyer to hold the seller harmless against
infringement or the like (subsection 3 of section 554.2312)
(section 554.2312, subsection 3).
Sec. 98. Section 554.2706, subsection 6, Code 2015, is
amended to read as follows:
6. The seller is not accountable to the buyer for any profit
made on any resale. A person in the position of a seller
(section 554.2707) or a buyer who has rightfully rejected or
justifiably revoked acceptance must account for any excess over
the amount of that person's security interest, as hereinafter
defined (subsection 3 of section 554.2711) (section 554.2711,
subsection 3).
Sec. 99. Section 554.2714, subsection 1, Code 2015, is
amended to read as follows:
1. Where the buyer has accepted goods and given notification
(subsection 3 of section 554.2607) (section 554.2607,
subsection 3) the buyer may recover as damages for any
nonconformity of tender the loss resulting in the ordinary
course of events from the seller's breach as determined in any
manner which is reasonable.
Sec. 100. Section 554.3501, subsection 2, paragraph d, Code
2015, is amended to read as follows:
d. The party to whom presentment is made may treat
presentment as occurring on the next business day after the day
of presentment if the party to whom presentment is made has
established a cut=off hour not earlier than two 2:00 p.m. for
the receipt and processing of instruments presented for payment
or acceptance and presentment is made after the cut=off hour.
Sec. 101. Section 554.10103, Code 2015, is amended to read
as follows:
554.10103 General repealer.
Except as provided in section 554.7103, all acts Acts and
parts of acts Acts inconsistent with this chapter are hereby
repealed.
Sec. 102. Section 558.44, Code 2015, is amended to read as
follows:
558.44 Mandatory recordation of conveyances and leases of
agricultural land.
1. Every conveyance or lease of agricultural land,
except leases not to exceed five years in duration with
renewals, conveyances or leases made by operation of law, and
distributions made from estates to heirs or devisees shall be
recorded by the grantee or lessee with the county recorder not
later than one hundred eighty days after the date of conveyance
or lease.
2. For an instrument of conveyance of agricultural land
deposited with an escrow agent, the fact of deposit of that
instrument of conveyance with the escrow agent as well as the
name and address of the grantor and grantee shall be recorded,
by a document executed by the escrow agent, with the county
recorder not later than one hundred eighty days from the date
of the deposit with the escrow agent. For an instrument of
conveyance of agricultural land delivered by an escrow agent,
that instrument shall be recorded with the county recorder not
later than one hundred eighty days from the date of delivery of
the instrument of conveyance by the escrow agent.
3. At the time of recordation of the conveyance or lease of
agricultural land, except a lease not exceeding five years in
duration with renewals, conveyances or leases made by operation
of law and distributions made from estates of decedents to
heirs or devisees, to a nonresident alien as grantee or lessee,
such conveyance or lease shall disclose, in an affidavit to
be recorded therewith as a precondition to recordation, the
name, address, and citizenship of the nonresident alien. In
addition, if the nonresident alien is a partnership, limited
partnership, corporation or trust, the affidavit shall
also disclose the names, addresses, and citizenship of the
nonresident alien individuals who are the beneficial owners of
such entities. However, any partnership, limited partnership,
corporation, or trust which has a class of equity securities
registered with the United States securities and exchange
commission under section 12 of the Securities Exchange Act of
1934 as amended to January 1, 1978, need only state that fact
on the affidavit.
4. Failure to record a conveyance or lease of agricultural
land required to be recorded by this section by the grantee
or lessee within the specified time limit is punishable by a
fine not to exceed one hundred dollars per day for each day of
violation. The county recorder shall record a conveyance or
lease of agricultural land presented for recording even though
not presented within one hundred eighty days after the date
of conveyance or lease. The county recorder shall forward to
the county attorney a copy of each such conveyance or lease
of agricultural land recorded more than one hundred eighty
days from the date of conveyance. The county attorney shall
initiate action in the district court to enforce the provisions
of this section. Failure to timely record shall not invalidate
an otherwise valid conveyance or lease.
5. If a real estate contract or lease is required to be
recorded under this section, the requirement is satisfied by
recording either the entire real estate contract or lease or
a memorandum of the contract or lease containing at least the
names and addresses of all parties named in the contract or
lease, a description of all real property and interests therein
subject to the contract or lease, the length of the contract
or initial term of the lease, and in the case of a lease a
statement as to whether any of the named parties have or are
subject to renewal rights, and if so, the event or condition
upon which renewal occurs, the number of renewal terms and the
length of each, and in the case of a real estate contract a
statement as to whether the seller is entitled to the remedy
of forfeiture and as to the dates upon which payments are due.
This unnumbered paragraph subsection is effective July 1, 1980,
for all contracts and leases of agricultural land made on or
after July 1, 1980.
6. The provisions of this section except as otherwise
provided, are effective July 1, 1979, for all conveyances and
leases of agricultural land made on or after July 1, 1979.
Sec. 103. Section 602.1206, subsection 2, Code 2015, is
amended to read as follows:
2. Supreme court rules shall be published as provided in
section 2B.5 2B.5B.
Sec. 104. Section 602.4201, subsection 2, Code 2015, is
amended to read as follows:
2. Rules of appellate procedure relating to appeals to and
review by the supreme court, discretionary review by the courts
of small claims actions, review by the supreme court by writ of
certiorari to inferior courts, appeal to or review by the court
of appeals of a matter transferred to that court by the supreme
court, and further review by the supreme court of decisions of
the court of appeals, shall be known as "Rules of Appellate
Procedure", and shall be published as provided in section 2B.5
2B.5B.
Sec. 105. Section 602.9115A, Code 2015, is amended to read
as follows:
602.9115A Optional annuity for judge and survivor.
1. In lieu of the annuities and refunds provided for judges
and judges' survivors under sections 602.9107, 602.9108,
602.9115, 602.9204, 602.9208, and 602.9209, judges may
elect to receive an optional retirement annuity during the
judge's lifetime and have the optional retirement annuity,
or a designated fraction of the optional retirement annuity,
continued and paid to the judge's survivor after the judge's
death and during the lifetime of the survivor.
2. The judge shall make the election request in writing
to the state court administrator prior to retirement. The
election is subject to the approval of the state court
administrator. The judge may revoke the election prior to
retirement by written request to the state court administrator,
but cannot revoke the election after retirement.
3. The optional retirement annuity shall be the actuarial
equivalent of the amounts of the annuities payable to judges
and survivors under sections 602.9107, 602.9115, 602.9204,
602.9208, and 602.9209. The actuarial equivalent shall be
based on the mortality and interest assumptions set out in
section 602.9107, subsection 3.
4. a. If the judge dies without a survivor, prior to
retirement or prior to receipt in annuities of an amount equal
to the total amount remaining to the judge's credit at the time
of separation from service, the election is null and void and
the refunding provisions of section 602.9108 apply.
b. If the judge dies with a survivor prior to retirement,
the election remains valid and the survivor is entitled to
receive the annuity beginning at the death of the judge.
c. If the judge dies with a survivor and the survivor
subsequently dies prior to receipt in annuities by both the
judge and the survivor of an amount equal to the total amount
remaining to the judge's credit at the time of separation from
service, the election remains valid and the refunding provision
of section 602.9115 applies.
Sec. 106. Section 626.80, Code 2015, is amended to read as
follows:
626.80 Time and manner.
1. The sale must be at public auction, between nine o'clock
in the forenoon 9:00 a.m. and four o'clock in the afternoon
4:00 p.m., and the hour of the commencement of the sale must be
fixed in the notice.
2. The sheriff shall receive and give a receipt for a sealed
written bid submitted prior to the public auction. The sheriff
may require all sealed written bids to be accompanied by
payment of any fees required to be paid at the public auction
by the purchaser, to be returned if the person submitting
the sealed written bid is not the purchaser. The sheriff
shall keep all written bids sealed until the commencement of
the public auction, at which time the sheriff shall open and
announce the written bids as though made in person. A party
who has appeared in the foreclosure may submit a written bid,
which shall include a facsimile number or electronic mail
address where the party can be notified of the results of the
sale. If a party submitting a winning written bid does not pay
the amount of the bid in certified funds in the manner in which
the sheriff in the notice directs, such bid shall be deemed
canceled and the sheriff shall certify the next highest bidder
as the successful bidder of the sale either within twenty=four
hours for an electronic funds transfer or forty=eight hours
otherwise, of notification of the sale results. A sheriff may
refuse to accept written bids from a bidder other than the
judgment creditor if the bidder or the bidder's agent in the
action has demonstrated a pattern of nonpayment on previously
accepted bids.
Sec. 107. Section 626.84, Code 2015, is amended to read as
follows:
626.84 Plan of division of land.
At any time before nine o'clock 9:00 a.m. of the day of the
sale, the debtor may deliver to the officer a plan of division
of the land levied on, subscribed by the debtor, and in that
case the officer shall sell, according to said plan, so much
of the land as may be necessary to satisfy the debt and costs,
and no more. If no such plan is furnished, the officer may sell
without any division.
Sec. 108. Section 633.517, subsection 1, Code 2015, is
amended to read as follows:
1. A written finding of presumed death, made by the
secretary of defense, or other officer or employee of the
United States authorized to make such finding, pursuant to the
federal Missing Persons Act, 56 Stat. 143, 1092, and P.L. Pub.
L. No. 408, Ch. 371, 2d Session 78th Congress codified at 10
U.S.C. {1501 et seq., as now or hereafter amended, or a duly
certified copy of such a finding, shall be received in any
court, office, or other place in this state, as evidence of the
death of the person therein found to be dead, and of the date,
circumstances, and place of the disappearance.
Sec. 109. Section 633B.204, subsection 3, Code 2015, is
amended to read as follows:
3. Pledge or mortgage an interest in real property or a
right incident to real property as security to borrow money
or pay, renew, or extend the time of payment of a debt of the
principal or a debt guaranteed by the principal.
Sec. 110. Section 633B.210, subsection 1, Code 2015, is
amended to read as follows:
1. Continue, pay the premium or make a contribution on, or
modify, exchange, rescind, release, or terminate a contract
procured by or on behalf of the principal which insures or
provides an annuity to either the principal or another person
whether or not the principal is a beneficiary under the
contract.
Sec. 111. Section 633B.302, Code 2015, is amended to read
as follows:
633B.302 Agent's certification ==== optional form.
The following optional form may be used by an agent to
certify facts concerning a power of attorney:
IOWA STATUTORY POWER OF ATTORNEY AGENT'S CERTIFICATION FORM
AGENT'S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND
AGENT'S AUTHORITY
State of _________________________
County of ______________________
I, ______________________________ (name of agent), certify
under penalty of perjury that ______________________________
(name of principal) granted me authority as an agent
or successor agent in a power of attorney dated
_____________________.
I further certify all of the following to my knowledge:
The principal is alive and has not revoked the power of
attorney or the Power power of Attorney attorney and my
authority to act under the Power power of Attorney attorney
have not terminated.
If the power of attorney was drafted to become effective
upon the happening of an event or contingency, the event or
contingency has occurred.
If I was named as a successor agent, the prior agent is no
longer able or willing to serve.
__________________________________________________________
__________________________________________________________
__________________________________________________________.
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
_____________________________ _________________________
Agent's Signature Date
_____________________________
Agent's Name Printed
_____________________________
_____________________________
Agent's Address
_____________________________
Agent's Telephone Number
This document was acknowledged before me on _______________
(date), by __________________________ (name of agent)
_____________________________ (Seal, if any)
Signature of Notary
My commission expires ________________
This document prepared by
___________________________________________________________
___________________________________________________________
Sec. 112. Section 673.3, Code 2015, is amended to read as
follows:
673.3 Notice required.
1. A domesticated animal professional shall post and
maintain a sign on real property in which the professional
holds an interest, if the professional conducts domesticated
animal activities on the property. The location of the
sign may be near or on a stable, corral, or arena owned or
controlled by the domesticated animal professional. The sign
must be clearly visible to a participant. This section does
not require a sign to be posted on a domesticated animal or a
vehicle powered by a domesticated animal. The notice shall
appear in black letters a minimum of one inch high and in the
following form:
WARNING
Under Iowa law, a domesticated animal professional is not
liable for damages suffered by, an injury to, or the death of a
participant resulting from the inherent risks of domesticated
animal activities, pursuant to Iowa Code chapter 673. You are
assuming inherent risks of participating in this domesticated
animal activity.
2. If a written contract is executed between a domesticated
animal professional and a participant involving domesticated
animal activities, the contract shall contain the same notice
in clearly readable print. In addition, the contract shall
include the following disclaimer:
A number of inherent risks are associated with a domesticated
animal activity. A domesticated animal may behave in a manner
that results in damages to property or an injury or death
to a person. Risks associated with the activity may include
injuries caused by bucking, biting, stumbling, rearing,
trampling, scratching, pecking, falling, or butting.
The domesticated animal may react unpredictably to
conditions, including, but not limited to, a sudden movement,
loud noise, an unfamiliar environment, or the introduction of
unfamiliar persons, animals, or objects.
The domesticated animal may also react in a dangerous manner
when a condition or treatment is considered hazardous to the
welfare of the animal; a collision occurs with an object or
animal; or a participant fails to exercise reasonable care,
take adequate precautions, or use adequate control when
engaging in a domesticated animal activity, including failing
to maintain reasonable control of the animal or failing to act
in a manner consistent with the person's abilities.
Sec. 113. Section 714.16, subsection 5, paragraph c, Code
2015, is amended to read as follows:
c. As to any person other than a natural person, in the
manner provided in the Rules rules of Civil Procedure civil
procedure as if a petition had been filed; or
DIVISION II
CODE EDITOR DIRECTIVES
Sec. 114. CODE EDITOR DIRECTIVES.
1. Sections 159.23 and 669.12, Code 2015, are amended
by striking the words "director of management" and inserting
in lieu thereof the words "director of the department of
management".
2. Sections 8.6, subsection 6; 12.26, subsections 2 and 3;
88.2, subsection 5; 99G.39, subsection 2; 234.6, subsection 3;
456A.19, subsection 2; 602.1301, subsection 2, paragraph "a",
unnumbered paragraph 1; and 602.1301, subsection 2, paragraph
"b", Code 2015, are amended by striking the words "director of
management" and inserting in lieu thereof the words "director
of the department of management".
3. Sections 147A.1, subsection 9; and 147A.17, subsection
1, Code 2015, are amended by striking the words "north central
association of colleges and schools" and inserting in lieu
thereof the words "higher learning commission".
4. Sections 28J.27 and 321H.1, Code 2015, are amended
by striking the words "director of the state department
of transportation" and inserting in lieu thereof the words
"director of transportation".
5. Sections 225B.4, subsection 1, paragraph "e"; 321.1,
subsection 20; and 602.8102, subsection 53, Code 2015, are
amended by striking the words "director of the state department
of transportation" and inserting in lieu thereof the words
"director of transportation".
6. Sections 6B.2A, subsection 4; 423B.1, subsection
6, paragraph "b"; 423B.3, unnumbered paragraph 2; 423B.4,
subsection 2; and 466B.3, subsection 4, paragraph "h", Code
2015, are amended by striking the words "director of the
department of transportation" and inserting in lieu thereof the
words "director of transportation".
7. Section 148C.8, Code 2015, is amended by striking the
words "physician's assistant" and inserting in lieu thereof the
words "physician assistant".
8. Sections 280.16, subsection 1, paragraph "b"; 321.375,
subsection 1, paragraph "d"; 321.376, subsection 1; and
321L.2A, subsection 1, paragraph "e", Code 2015, are amended
by striking the words "physician's assistant" and inserting in
lieu thereof the words "physician assistant".
9. The Code editor is directed to number unnumbered
paragraphs within sections 299.5A, 425.2, 425.3, 426A.13,
426A.14, 453B.10, 453B.12, 499.27, 524.607, 543B.16, 602.9115,
and 669.4, Code 2015, in accordance with established Code
section hierarchy and correct internal references in the Code
and in any enacted Iowa Acts, as necessary.
KRAIG PAULSEN
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 535, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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