House File 535 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 151)
(COMPANION TO sf 298
by committee on
judiciary)
A BILL FOR
1 An Act relating to nonsubstantive Code corrections.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2081HV (1) 86
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PAG LIN
1 1 DIVISION I
1 2 MISCELLANEOUS CHANGES
1 3 Section 1. Section 1D.1, Code 2015, is amended to read as
1 4 follows:
1 5 1D.1 Standard time and daylight saving time.
1 6 The standard time in this state is the solar time of the
1 7 ninetieth meridian of longitude west of Greenwich, England,
1 8 commonly known as central standard time, except that from two
1 9 o'clock 2:00 ante meridiem of the first Sunday of April in
1 10 every year until two o'clock 2:00 ante meridiem of the last
1 11 Sunday of October in the same year, standard time shall be
1 12 advanced one hour. The period of time so advanced shall be
1 13 known as "daylight saving time." time".
1 14 Sec. 2. Section 10.1, subsection 5, Code 2015, is amended
1 15 to read as follows:
1 16 5. "Cooperative association" means an entity which is
1 17 structured and operated on a cooperative basis pursuant to 26
1 18 U.S.C. {1381(a) and which meets the definitional requirements
1 19 of an association as provided in 12 U.S.C. {1141(j)(a)
1 20 {1141j(a) or 7 U.S.C. {291.
1 21 Sec. 3. Section 13B.4B, subsection 2, paragraph c, Code
1 22 2015, is amended to read as follows:
1 23 c. The state public defender may in the state public
1 24 defender's sole discretion release claims and supporting
1 25 documents, including any information that would otherwise be
1 26 confidential in under sections 232.147 through 232.150, to the
1 27 auditor of state, the Iowa supreme court attorney disciplinary
1 28 board, the grievance commission of the supreme court of Iowa,
1 29 or to other state or local agencies to the extent necessary
1 30 to investigate fraud or other criminal activity against the
1 31 attorney or vendor submitting the claim.
1 32 Sec. 4. Section 15.329, subsection 1, paragraph a, Code
1 33 2015, is amended to read as follows:
1 34 a. If the qualifying investment is ten million dollars
1 35 or more, the community has approved the project by ordinance
2 1 or resolution the project for the purpose of receiving the
2 2 benefits of this part.
2 3 Sec. 5. Section 16.49, subsection 3, paragraph b, Code 2015,
2 4 is amended to read as follows:
2 5 b. The authority shall annually allocate moneys available
2 6 in the fund for the development of infrastructure in which
2 7 to provide supportive services for Medicaid waiver=eligible
2 8 individuals who meet the psychiatric medical institution
2 9 institutions for children level of care. Moneys allocated to
2 10 such projects may be in the form of loans, forgivable loans, or
2 11 a combination of loans and forgivable loans.
2 12 Sec. 6. Section 16.49, subsection 4, paragraph b,
2 13 subparagraph (1), subparagraph division (a), Code 2015, is
2 14 amended to read as follows:
2 15 (a) Individuals who are currently underserved in community
2 16 placements, including individuals who are physically aggressive
2 17 or have behaviors that are difficult to manage or individuals
2 18 who meet the psychiatric medical institution institutions for
2 19 children level of care.
2 20 Sec. 7. Section 16.49, subsection 4, paragraph c,
2 21 subparagraph (1), Code 2015, is amended to read as follows:
2 22 (1) Provision of services to Medicaid waiver=eligible
2 23 individuals who meet the psychiatric medical institution
2 24 institutions for children level of care.
2 25 Sec. 8. Section 29B.26, Code 2015, is amended to read as
2 26 follows:
2 27 29B.26 Who may serve on courts=martial.
2 28 1. a. Any commissioned officer of or on duty with the state
2 29 military forces is eligible to serve on all courts=martial for
2 30 the trial of any person who may lawfully be brought before the
2 31 courts for trial.
2 32 b. Any warrant officer of or on duty with the state
2 33 military forces is eligible to serve on general and special
2 34 courts=martial for the trial of any person, other than a
2 35 commissioned officer, who may lawfully be brought before the
3 1 courts for trial.
3 2 c. Any enlisted member of the state military forces who
3 3 is not a member of the same unit as the accused is eligible
3 4 to serve on general and special courts=martial for the trial
3 5 of any enlisted member who may lawfully be brought before
3 6 the courts for trial, but the enlisted member shall serve as
3 7 a member of a court only if, before the end of any pretrial
3 8 session that is held or if none is held before the convening
3 9 of the court, the accused personally has requested in writing,
3 10 that enlisted members serve on it. After such a request,
3 11 the accused shall not be tried by a general or special
3 12 court=martial the membership of which does not include enlisted
3 13 members in a number comprising at least one=third of the
3 14 total membership of the court, unless eligible members cannot
3 15 be obtained on account of physical conditions or military
3 16 exigencies. If such members cannot be obtained, the court may
3 17 be convened and the trial held without them, but the convening
3 18 authority shall make a detailed written statement, to be
3 19 appended to the record, stating why they could not be obtained.
3 20 d. In this section, the word "unit" means any regularly
3 21 organized body of the state military forces.
3 22 2. When it can be avoided, a person subject to this code
3 23 shall not be tried by a court=martial any member of which is
3 24 junior to the person in rank or grade.
3 25 3. When convening a court=martial, the convening authority
3 26 shall detail as members of the courts=martial persons who in
3 27 the convening authority's opinion, are best qualified for the
3 28 duty by reason of age, education, training, experience, length
3 29 of service, and judicial temperament. A person is not eligible
3 30 to serve as a member of a general or special court=martial when
3 31 the person is the accuser or a witness for the prosecution or
3 32 has acted as investigating officer, staff judge advocate, or as
3 33 counsel in the same case. If a military judge is not appointed
3 34 for a special court=martial and if a commissioned officer who
3 35 is a member of the bar of the highest court of the state and
4 1 of appropriate rank and grade is present and not otherwise
4 2 disqualified and within the command of the convening authority,
4 3 the convening authority shall appoint the commissioned officer
4 4 as president of a special court=martial. Failure to meet this
4 5 requirement does not divest a military court of jurisdiction.
4 6 Sec. 9. Section 29C.2, subsection 7, Code 2015, is amended
4 7 to read as follows:
4 8 7. "Mass notification and emergency messaging system" means
4 9 a system which disseminates emergency and public safety related
4 10 safety=related information to the public by various means
4 11 including but not limited to telephone, wireless communications
4 12 service, dual party relay service or telecommunications device,
4 13 text messaging, electronic mail, and facsimile, and which
4 14 integrates with federal emergency messaging systems.
4 15 Sec. 10. Section 35B.6, subsection 1, paragraph a, Code
4 16 2015, is amended to read as follows:
4 17 a. The members of the commission shall qualify by taking
4 18 the usual oath of office. The commission shall organize by
4 19 the selection of selecting one of their the commission members
4 20 as chairperson and one as secretary. The commission, subject
4 21 to the annual approval of the board of supervisors, shall
4 22 employ an executive director or administrator who shall have
4 23 the power to employ other necessary employees to carry out
4 24 the provisions of this chapter, including administrative or
4 25 clerical assistants, but no member of the commission shall be
4 26 so employed. The state department of veterans affairs shall
4 27 recognize the executive director or administrator as a county
4 28 veterans service officer of a veterans' service organization
4 29 recognized pursuant to 38 C.F.R. {14.628(c) for the purposes
4 30 of assisting veterans and their dependents in obtaining
4 31 federal and state benefits. The commission shall recommend the
4 32 compensation of the executive director or administrator and all
4 33 employees of the county veteran affairs office to the board
4 34 of supervisors. The board of supervisors shall consider the
4 35 recommendation and shall determine and approve the compensation
5 1 of the executive director or administrator and all employees
5 2 of the county veteran affairs office. The executive director
5 3 must possess the same qualifications as provided in section
5 4 35B.3 for commission members. However, this qualification
5 5 requirement shall not apply to a person employed as an
5 6 executive director prior to July 1, 1989.
5 7 Sec. 11. Section 35B.7, Code 2015, is amended to read as
5 8 follows:
5 9 35B.7 Meetings ==== report ==== budget.
5 10 The commission shall meet monthly and at other times as
5 11 necessary. At the monthly meeting it the commission shall
5 12 determine who are entitled to county benefits and the probable
5 13 amount required to be expended. The commission shall meet
5 14 annually to prepare an estimated budget for all expenditures
5 15 to be made in the next fiscal year and certify the budget to
5 16 the board of supervisors. The board may approve or reduce the
5 17 budget for valid reasons shown and entered of record and the
5 18 board's decision is final.
5 19 Sec. 12. Section 54.5, Code 2015, is amended to read as
5 20 follows:
5 21 54.5 Presidential nominees.
5 22 1. a. The names of the candidates for president and vice
5 23 president of a political party as defined in the law relating
5 24 to primary elections, shall, by five o'clock 5:00 p.m. on the
5 25 eighty=first day before the election, be certified to the state
5 26 commissioner by the chairperson and secretary of the state
5 27 central committee of the party.
5 28 b. However, if the national nominating convention of a
5 29 political party adjourns later than eighty=nine days before
5 30 the general election the certificate showing the names of that
5 31 party's candidates for president and vice president shall be
5 32 filed within five days after adjournment.
5 33 c. As an alternative to the certificate by the state
5 34 central committee, the certificate of nomination issued by
5 35 the political party's national nominating convention may
6 1 be used to certify the names of the party's candidates for
6 2 president and vice president. If certificates of nomination
6 3 are received from both the state central committee and the
6 4 national nominating convention of a political party, and there
6 5 are differences between the two certificates, the certificate
6 6 filed by the state central committee shall prevail.
6 7 2. The state central committee shall also file a list of
6 8 the names and addresses of the party's presidential electors,
6 9 one from each congressional district and two from the state
6 10 at large, not later than five o'clock 5:00 p.m. on the
6 11 eighty=first day before the general election.
6 12 3. If a candidate for the office of president or vice
6 13 president of the United States withdraws, dies, or is otherwise
6 14 removed from the ballot before the general election, another
6 15 candidate may be substituted. The substitution shall be made
6 16 by the state central committee of the political party or by
6 17 the governing committee of the national party. If there
6 18 are differences, the substitution made by the state central
6 19 committee shall prevail. A nonparty political organization
6 20 which has filed the names of party officers and central
6 21 committee members with the secretary of state before the close
6 22 of the filing period for the general election pursuant to
6 23 section 44.17 may also make substitutions. A substitution must
6 24 be filed no later than seventy=four days before the election.
6 25 Sec. 13. Section 57.6, Code 2015, is amended to read as
6 26 follows:
6 27 57.6 Other contests.
6 28 All the provisions of the chapter in relation 62 relating to
6 29 contested elections of county officers shall be applicable, as
6 30 near as may be, to contested elections for other offices, and
6 31 for public measures except as herein otherwise provided, and in
6 32 all cases process and papers may be issued to and served in the
6 33 manner provided by the rules of civil procedure for service of
6 34 an original notice by the sheriff of any county.
6 35 Sec. 14. Section 96.7, subsections 4, 5, 6, and 11, Code
7 1 2015, are amended to read as follows:
7 2 4. Employer liability determination.
7 3 a. The department shall initially determine all questions
7 4 relating to the liability of an employing unit or employer,
7 5 including the amount of contribution, the contribution rate,
7 6 and successorship. A copy of the initial determination shall
7 7 be sent by regular mail to the last address, according to the
7 8 records of the department, of each affected employing unit or
7 9 employer.
7 10 b. The affected employing unit or employer may appeal in
7 11 writing to the department from the initial determination.
7 12 An appeal shall not be entertained for any reason by the
7 13 department unless the appeal is filed with the department
7 14 within thirty days from the date on which the initial
7 15 determination is mailed. If an appeal is not so filed, the
7 16 initial determination shall with the expiration of the appeal
7 17 period become final and conclusive in all respects and for all
7 18 purposes.
7 19 c. A hearing on an appeal shall be conducted according to
7 20 rules adopted by the department. A copy of the decision of the
7 21 administrative law judge shall be sent by regular mail to the
7 22 last address, according to the records of the department, of
7 23 each affected employing unit or employer.
7 24 d. The department's decision on the appeal shall be final
7 25 and conclusive as to the liability of the employing unit or
7 26 employer unless the employing unit or employer files an appeal
7 27 for judicial review within thirty days after the date of
7 28 mailing of the decision as provided in subsection 5.
7 29 5. Judicial review.
7 30 a. Notwithstanding chapter 17A, petitions for judicial
7 31 review may be filed in the district court of the county
7 32 in which the employer resides, or in which the employer's
7 33 principal place of business is located, or in the case of a
7 34 nonresident not maintaining a place of business in this state
7 35 either in a county in which the wages payable for employment
8 1 were earned or paid or in Polk county, within thirty days after
8 2 the date of the notice to the employer of the department's
8 3 final determination as provided for in subsection 2, 3, or 4.
8 4 b. The petitioner shall file with the clerk of the
8 5 district court a bond for the use of the respondent, with
8 6 sureties approved by the clerk, with any penalty to be fixed
8 7 and approved by the clerk. The bond shall not be less than
8 8 fifty dollars and shall be conditioned on the petitioner's
8 9 performance of the orders of the court. In all other respects,
8 10 the judicial review shall be in accordance with chapter 17A.
8 11 6. Jeopardy assessments.
8 12 a. If the department believes that the collection of
8 13 contributions payable or benefits reimbursable will be
8 14 jeopardized by delay, the department may immediately make an
8 15 assessment of the estimated amount of contributions due or
8 16 benefits reimbursable, together with interest and applicable
8 17 penalty, and demand payment from the employer. If the payment
8 18 is not made, the department may immediately file a lien
8 19 against the employer which may be followed by the issuance of a
8 20 distress warrant.
8 21 b. The department shall be permitted to accept a bond
8 22 from the employer to satisfy collection until the amount of
8 23 contributions due is determined. The bond shall be in an
8 24 amount deemed necessary, but not more than double the amount
8 25 of the contributions involved, with securities satisfactory to
8 26 the department.
8 27 11. Temporary emergency surcharge.
8 28 a. If on the first day of the third month in any calendar
8 29 quarter, the department has an outstanding balance of interest
8 30 accrued on advance moneys received from the federal government
8 31 for the payment of unemployment compensation benefits, or is
8 32 projected to have an outstanding balance of accruing federal
8 33 interest for that calendar quarter, the department shall
8 34 collect a uniform temporary emergency surcharge for that
8 35 calendar quarter, retroactive to the beginning of that calendar
9 1 quarter. The surcharge shall be a percentage of employer
9 2 contribution rates and shall be set at a uniform percentage,
9 3 for all employers subject to the surcharge, necessary to pay
9 4 the interest accrued on the moneys advanced to the department
9 5 by the federal government, and to pay any additional federal
9 6 interest which will accrue for the remainder of that calendar
9 7 quarter. The surcharge shall apply to all employers except
9 8 governmental entities, nonprofit organizations, and employers
9 9 assigned a zero contribution rate. The department shall
9 10 adopt rules prescribing the manner in which the surcharge
9 11 will be collected. Interest shall accrue on all unpaid
9 12 surcharges under this subsection at the same rate as on regular
9 13 contributions and shall be collectible in the same manner.
9 14 The surcharge shall not affect the computation of regular
9 15 contributions under this chapter.
9 16 b. A special fund to be known as the temporary emergency
9 17 surcharge fund is created in the state treasury. The
9 18 special fund is separate and distinct from the unemployment
9 19 compensation fund. All contributions collected from the
9 20 temporary emergency surcharge shall be deposited in the special
9 21 fund. The special fund shall be used only to pay interest
9 22 accruing on advance moneys received from the federal government
9 23 for the payment of unemployment compensation benefits.
9 24 Interest earned upon moneys in the special fund shall be
9 25 deposited in and credited to the special fund.
9 26 c. If the department determines on June 1 that no
9 27 outstanding balance of interest due has accrued on advanced
9 28 moneys received from the federal government for the payment of
9 29 unemployment compensation benefits, and that no outstanding
9 30 balance is projected to accrue for the remainder of the
9 31 calendar year, the department shall notify the treasurer of
9 32 state of its determination. The treasurer of state shall
9 33 immediately transfer all moneys, including accrued interest,
9 34 in the temporary emergency surcharge fund to the unemployment
9 35 compensation fund for the payment of benefits.
10 1 Sec. 15. Section 96.11, subsection 8, Code 2015, is amended
10 2 to read as follows:
10 3 8. Subpoenas. In case of contumacy by, or refusal to obey
10 4 a subpoena issued to any person, any court of this state within
10 5 the jurisdiction of which the inquiry is carried on or within
10 6 the jurisdiction of which said person guilty of contumacy or
10 7 refusal to obey is found or resides or transacts business, upon
10 8 application by the department, or any member or duly authorized
10 9 representative thereof, shall have jurisdiction to issue to
10 10 such person an order requiring such person to appear before
10 11 the department or any member or duly authorized representative
10 12 thereof to produce evidence if so ordered or to give testimony
10 13 touching the matter under investigation or in question; any
10 14 failure to obey such order of the court may be punished by said
10 15 court as a contempt thereof.
10 16 Sec. 16. Section 97B.53, subsection 3, Code 2015, is amended
10 17 to read as follows:
10 18 3. A terminated, vested member has the right, prior to the
10 19 commencement of the member's retirement allowance, to receive
10 20 a refund of moneys in the member's account, and in the event
10 21 of the death of the member prior to the commencement of the
10 22 member's retirement allowance and prior to the receipt of
10 23 any such refund, the benefits authorized by subsection 1 and
10 24 subsection 2 of section 97B.52, subsections 1 and 2, shall be
10 25 paid.
10 26 Sec. 17. Section 97B.68, subsection 2, paragraph a, Code
10 27 2015, is amended to read as follows:
10 28 a. Such member's accumulated contributions as defined in
10 29 subsection 2 of section 97B.1A, subsection 2, computed as of
10 30 July 4, 1959, plus
10 31 Sec. 18. Section 97C.2, subsections 5 and 7, Code 2015, are
10 32 amended to read as follows:
10 33 5. The term "federal security administrator" means the
10 34 administrator of the federal security agency (or or the
10 35 administrator's successor in function) function, and includes
11 1 any individual to whom the federal security administrator has
11 2 delegated any of the administrator's functions under the Social
11 3 Security Act, Tit. II, with respect to coverage under such Act
11 4 of employees of states and their political subdivisions.
11 5 7. The term "Social Security Act" means the Act of Congress
11 6 approved August 14, 1935, Chapter 531, 49 Stat. 620, officially
11 7 cited as the "Social Security Act," Tit. II, (including
11 8 including regulations and requirements issued pursuant thereto)
11 9 thereto, as such Act has been and may from time to time be
11 10 amended.
11 11 Sec. 19. Section 97C.14, Code 2015, is amended to read as
11 12 follows:
11 13 97C.14 Elected officials ==== retroactive payments.
11 14 Any elective official of the state of Iowa, or any of
11 15 its political subdivisions, who becomes subject to federal
11 16 social security coverage under the provisions of the agreement
11 17 referred to in section 97C.3 shall, not later than October 1,
11 18 1953, pay into the contribution fund established by section
11 19 97C.12 a tax sufficient to pay in the elected official's
11 20 behalf an amount equal to three percent of the official's
11 21 compensation received as a public official for each year or
11 22 portion thereof that the public elected official has served
11 23 as a public elective official since January 1, 1951, not to
11 24 exceed thirty=six hundred dollars for any year of service.
11 25 The state agency shall collect the tax hereby imposed and
11 26 the proceeds from such tax shall be used for the purpose of
11 27 obtaining retroactive federal social security coverage for
11 28 elective officials, for the period beginning January 1, 1951,
11 29 in the same manner as is provided in the case of other public
11 30 employees by the provisions in subsection 2 of section 97.51,
11 31 subsection 2, in order to obtain retroactive federal social
11 32 security coverage during this period of time, such contribution
11 33 to be collected and guaranteed by the employer. The state
11 34 agency will pay any such amount contributed to provide for
11 35 retroactive federal social security coverage for the individual
12 1 in question in the same manner as other payments are made for
12 2 retroactive coverage of public employees. Provided that no
12 3 member of a county board of supervisors shall be deemed to
12 4 be an elective official in a part=time position, but every
12 5 member of a county board of supervisors shall be deemed to
12 6 be an employee within the purview of this chapter and shall
12 7 be eligible to receive all of the benefits provided by this
12 8 chapter to which the member may be entitled as an employee.
12 9 Sec. 20. Section 97C.20, Code 2015, is amended to read as
12 10 follows:
12 11 97C.20 Referenda by governor.
12 12 1. With respect to employees of the state the governor
12 13 is empowered to authorize a referendum, and with respect to
12 14 the employees of any political subdivision the governor shall
12 15 authorize a referendum upon request of the governing body of
12 16 such subdivision; and in either case the referendum shall
12 17 be conducted, and the governor shall designate an agency or
12 18 individual to supervise its conduct, in accordance with the
12 19 requirements of section 218"d"(3) 218(d)(3) of the Social
12 20 Security Act, on the question of whether service in positions
12 21 covered by a retirement system established by the state or by
12 22 a political subdivision thereof should be excluded from or
12 23 included under an agreement under this chapter. The notice of
12 24 referendum required by section 218"d"(3)(C) 218(d)(3)(C) of
12 25 the Social Security Act to be given to employees shall contain
12 26 or shall be accomplished by a statement, in such form and such
12 27 detail as the agency or individual designated to supervise
12 28 the referendum shall deem necessary and sufficient, to inform
12 29 the employees of the rights which will accrue to them and
12 30 their dependents and survivors, and the liabilities to which
12 31 they will be subject, if their services are included under an
12 32 agreement under this chapter.
12 33 2. Upon receiving evidence satisfactory to the governor
12 34 that with respect to any such referendum the conditions
12 35 specified in section 218"d"(3) 218(d)(3) of the Social Security
13 1 Act have been met, the governor shall so certify to the
13 2 secretary of health and human services.
13 3 Sec. 21. Section 99D.6, Code 2015, is amended to read as
13 4 follows:
13 5 99D.6 Chairperson Headquarters, meetings, and election of
13 6 chairperson ==== administrator ==== employees ==== duties ==== bond.
13 7 1. The commission shall have its headquarters in the city
13 8 of Des Moines and shall meet in July of each year and at other
13 9 times and places as it finds necessary for the discharge of its
13 10 duties. The commission shall elect in July of each year one of
13 11 its members as chairperson for the succeeding year.
13 12 2. The commission shall appoint an administrator of
13 13 the commission subject to confirmation by the senate. The
13 14 administrator shall serve a four=year term. The term shall
13 15 begin and end in the same manner as set forth in section 69.19.
13 16 A vacancy shall be filled for the unexpired portion of the term
13 17 in the same manner as a full=term appointment is made. The
13 18 administrator shall be covered by the blanket surety bond of
13 19 the state purchased pursuant to section 8A.321, subsection 12.
13 20 The compensation and employment terms of the administrator
13 21 shall be set by the governor, taking into consideration the
13 22 level of knowledge and experience of the administrator. The
13 23 administrator shall keep a record of the proceedings of the
13 24 commission and preserve the books, records, and documents
13 25 entrusted to the administrator's care.
13 26 3. The administrator may hire other assistants and
13 27 employees as necessary to carry out the commission's duties.
13 28 Employees in the positions of equine veterinarian, canine
13 29 veterinarian, and equine steward shall be exempt from the merit
13 30 system provisions of chapter 8A, subchapter IV, and shall
13 31 not be covered by a collective bargaining agreement. Some
13 32 or all of the information required of applicants in section
13 33 99D.8A, subsections 1 and 2, may also be required of employees
13 34 of the commission if the commission deems it necessary. The
13 35 administrator shall keep a record of the proceedings of the
14 1 commission and preserve the books, records, and documents
14 2 entrusted to the administrator's care. The administrator shall
14 3 be covered by the blanket surety bond of the state purchased
14 4 pursuant to section 8A.321, subsection 12. The compensation
14 5 and employment terms of the administrator shall be set by the
14 6 governor, taking into consideration the level of knowledge and
14 7 experience of the administrator. The commission shall have
14 8 its headquarters in the city of Des Moines and shall meet in
14 9 July of each year and at other times and places as it finds
14 10 necessary for the discharge of its duties.
14 11 Sec. 22. Section 99D.9B, subsection 3, paragraph b, Code
14 12 2015, is amended to read as follows:
14 13 b. Moneys remaining in the fund following distribution to
14 14 the Iowa greyhound association as provided in this subsection
14 15 shall be under the sole control of the commission. The
14 16 commission shall determine the method by which moneys remaining
14 17 in the fund will be distributed, provided, however, that the
14 18 commission shall distribute a portion of the moneys in the fund
14 19 to no=kill animal adoption agencies to facilitate care for and
14 20 adoption of greyhounds no longer racing as a result of the
14 21 discontinuance of live racing. The commission may consider
14 22 objective evidence, including purse payments to greyhound
14 23 industry participants for the period beginning January 1, 2010,
14 24 and ending December 31, 2014, in determining the method of
14 25 distribution. The commission may hire an expert to assist in
14 26 the task of making distributions from the fund. The commission
14 27 may distribute moneys from the fund to greyhound industry
14 28 participants and to kennel owners and operators and greyhound
14 29 owners for costs incurred in removing property from the dog
14 30 racetrack located in Pottawattamie county as required by
14 31 section 99D.9A, subsection 2, paragraph "c". Prior to adoption
14 32 of any formula for distribution, the commission shall allow for
14 33 input from greyhound industry participants. The distribution
14 34 decisions of the commission shall be final. The commission
14 35 may use moneys in the fund to pay its direct and indirect
15 1 administrative expenses incurred in administering the fund,
15 2 including the hiring of experts to assist in the commission's
15 3 distribution determination. Members of the commission,
15 4 employees of the commission, and any experts hired by the
15 5 commission pursuant to this section shall be held harmless
15 6 against any claim of liability made by any person arising out
15 7 of the distribution of moneys from the fund by the commission.
15 8 Sec. 23. Section 101A.7, subsection 1, Code 2015, is amended
15 9 to read as follows:
15 10 1. The licensee's or permittee's explosive explosives
15 11 storage facility shall be inspected at least once a year by a
15 12 representative of the state fire marshal's office, except that
15 13 the state fire marshal may, at those mining operations licensed
15 14 and regulated by the United States department of labor, accept
15 15 an approved inspection report issued by the United States
15 16 department of labor, mine safety and health administration,
15 17 for the twelve=month period following the issuance of the
15 18 report. The state fire marshal shall notify the appropriate
15 19 city or county governing board of licenses to be issued in
15 20 their respective jurisdictions pursuant to this chapter. The
15 21 notification shall contain the name of the applicant to be
15 22 licensed, the location of the facilities to be used in storing
15 23 explosives, the types and quantities of explosive materials to
15 24 be stored, and other information deemed necessary by either
15 25 the governing boards or the state fire marshal. The facility
15 26 may be examined at other times by the sheriff of the county
15 27 where the facility is located or by the local police authority
15 28 if the facility is located within a city of over ten thousand
15 29 population and if the sheriff or city council considers it
15 30 necessary.
15 31 Sec. 24. Section 124D.2, subsection 5, Code 2015, is amended
15 32 to read as follows:
15 33 5. "Primary caregiver" means a person, at least eighteen
15 34 years of age, who has been designated by a patient's
15 35 neurologist or by a person having custody of a patient,
16 1 as being necessary to take responsibility for managing the
16 2 well=being of the patient with respect to the medical use of
16 3 cannabidiol pursuant to the provisions of this chapter.
16 4 Sec. 25. Section 124D.4, subsection 2, paragraph b, Code
16 5 2015, is amended to read as follows:
16 6 b. The patient's photo photograph.
16 7 Sec. 26. Section 124D.4, subsection 4, paragraph b, Code
16 8 2015, is amended to read as follows:
16 9 b. The primary caregiver's photo photograph.
16 10 Sec. 27. Section 135C.9, subsection 1, paragraph b, Code
16 11 2015, is amended to read as follows:
16 12 b. The facility has been inspected by the state fire marshal
16 13 or a deputy appointed by the fire marshal for that purpose,
16 14 who may be a member of a municipal fire department, and the
16 15 department has received either a certificate of compliance
16 16 or a provisional certificate of compliance by the facility
16 17 with the fire hazard and fire safety rules and standards
16 18 of the department as promulgated by the fire marshal and,
16 19 where applicable, the fire safety standards required for
16 20 participation in programs authorized by either Tit. XVIII or
16 21 Tit. XIX of the United States Social Security Act (42, codified
16 22 at 42 U.S.C. {1395 = 1395ll and 1396 = 1396g) 1396g. The
16 23 certificate or provisional certificate shall be signed by
16 24 the fire marshal or the fire marshal's deputy who made the
16 25 inspection. If the state fire marshal or a deputy finds a
16 26 deficiency upon inspection, the notice to the facility shall
16 27 be provided in a timely manner and shall specifically describe
16 28 the nature of the deficiency, identifying the Code section or
16 29 subsection or the rule or standard violated. The notice shall
16 30 also specify the time allowed for correction of the deficiency,
16 31 at the end of which time the fire marshal or a deputy shall
16 32 perform a follow=up inspection.
16 33 Sec. 28. Section 135C.36, subsection 5, Code 2015, is
16 34 amended to read as follows:
16 35 5. If a facility self=identifies a deficient practice prior
17 1 to an on=site visit inspection, there has been no complaint
17 2 filed with the department related to that specific deficient
17 3 practice, and the facility corrects such practice prior to
17 4 an inspection, no citation shall be issued or fine assessed
17 5 pursuant to subsection 2 or 3 except for those penalties
17 6 arising pursuant to section 135C.33; 481 IAC 57.12(2)(d), 481
17 7 IAC 57.12(3), 481 IAC 57.15(5), 481 IAC 57.25(1), 481 IAC
17 8 57.39, 481 IAC 58.11(3), 481 IAC 58.14(5), 481 IAC 58.19(2)(a),
17 9 481 IAC 58.19(2)(h), 481 IAC 58.28(1)(a), 481 IAC 58.43, 481
17 10 IAC 62.9(5), 481 IAC 62.15(1)(a), 481 IAC 62.19(2)(c), 481
17 11 IAC 62.19(7), 481 IAC 62.23(23)=(25), 481 IAC 63.11(2)(d),
17 12 481 IAC 63.11(3), 481 IAC 63.23(1)(a), 481 IAC 63.37, 481 IAC
17 13 64.4(9), 481 IAC 64.33, 481 IAC 64.34, 481 IAC 65.9(5), 481
17 14 IAC 65.15, or 481 IAC 65.25(3)=(5), or the successor to any of
17 15 such rules; or 42 C.F.R. {483.420(d), 483.460(c)(4) 42 C.F.R.
17 16 {483.460(c)(4), or 483.470(j) 42 C.F.R. {483.470(j), or the
17 17 successor to any of such federal regulations.
17 18 Sec. 29. Section 135L.3, subsection 2, Code 2015, is amended
17 19 to read as follows:
17 20 2. The licensed physician who will perform the abortion
17 21 shall provide notification in person or by mailing the
17 22 notification by restricted certified mail to a parent of the
17 23 pregnant minor at the usual place of abode of the parent. For
17 24 the purpose of delivery by restricted certified mail, the time
17 25 of delivery is deemed to occur at twelve o'clock 12:00 noon
17 26 on the next day on which regular mail delivery takes place,
17 27 subsequent to the mailing.
17 28 Sec. 30. Section 161A.3, subsection 12, Code 2015, is
17 29 amended to read as follows:
17 30 12. "Petition" means a petition filed under the provisions
17 31 of subsection 1 of section 161A.5, subsection 1, for the
17 32 creation of a district.
17 33 Sec. 31. Section 163.11, Code 2015, is amended to read as
17 34 follows:
17 35 163.11 Imported animals.
18 1 1. A person shall not move an animal into this state,
18 2 except to a public livestock market where federal inspection of
18 3 livestock is maintained, for work, breeding, or dairy purposes,
18 4 unless such animal has been examined and found free from all
18 5 infectious or contagious diseases.
18 6 2. No A person shall not bring in any manner into this
18 7 state any cattle for dairy or breeding purposes unless such
18 8 cattle have been tested within thirty days prior to date of
18 9 importation by the agglutination test for contagious abortion
18 10 or abortion disease, and shown to be free from such disease.
18 11 3. Animals for feeding purposes, however, may be brought
18 12 into the state without inspection, under such regulations
18 13 as the department may prescribe except that this sentence
18 14 subsection shall not apply to swine.
18 15 Sec. 32. Section 185C.26, Code 2015, is amended to read as
18 16 follows:
18 17 185C.26 Deposit of moneys ==== corn promotion fund.
18 18 A state assessment collected by the board from a sale of corn
18 19 shall be deposited in the office of the treasurer of state in
18 20 a special fund known as the corn promotion fund. The fund may
18 21 include any gifts, rents, royalties, interest, license fees,
18 22 or a federal or state grant received by the board. Moneys
18 23 collected, deposited in the fund, and transferred to the board
18 24 as provided in this chapter shall be subject to audit by the
18 25 auditor of state. The auditor of state may seek reimbursement
18 26 for the cost of the audit from moneys deposited in the fund as
18 27 provided in this chapter. The department of administrative
18 28 services shall transfer moneys from the fund to the board
18 29 for deposit into an account established by the board in a
18 30 qualified financial institution. The department shall transfer
18 31 the moneys as provided in a resolution adopted by the board.
18 32 However, the department is only required to transfer moneys
18 33 once during each day and only during hours when the offices of
18 34 the state are open. From moneys collected, the board shall
18 35 first pay all the direct and indirect costs incurred by the
19 1 secretary and the costs of referendums, elections, and other
19 2 expenses incurred in the administration of this chapter, before
19 3 moneys may be expended for the purpose of carrying to carry out
19 4 the purposes of this chapter as provided in section 185C.11.
19 5 Sec. 33. Section 190.11, Code 2015, is amended to read as
19 6 follows:
19 7 190.11 Artificial sweetening ==== labeling.
19 8 Where any approved artificial sweetening product such as
19 9 saccharin or sulfamate is used by any person in the manufacture
19 10 or sale of any article of food intended for human consumption,
19 11 the container in which any such food or beverage is sold or
19 12 offered for sale to the public shall be clearly, legibly and
19 13 noticeably labeled with the name of the sweetening product
19 14 used. The portion of the store, display counter, shelving,
19 15 or other place where such food or beverage is displayed or
19 16 offered for sale, shall be clearly and plainly identified by an
19 17 appropriate sign reading:
19 18 "FOR FOR DIETARY PURPOSES" PURPOSES.
19 19 Sec. 34. Section 206.2, subsection 13, Code 2015, is amended
19 20 to read as follows:
19 21 13. "Hazard" means a probability that a given pesticide
19 22 will have an adverse effect on man humans or the environment
19 23 in a given situation, the relative likelihood of danger or ill
19 24 effect being dependent on a number of interrelated factors
19 25 present at any given time.
19 26 Sec. 35. Section 207.4, subsection 3, Code 2015, is amended
19 27 to read as follows:
19 28 3. A permit terminates if the permittee has not commenced
19 29 the coal mining operations covered by the permit within three
19 30 years of its issuance of the permit. However, the division
19 31 may grant reasonable extensions of time upon a showing that
19 32 the extensions are necessary because of litigation precluding
19 33 the commencement or threatening substantial economic loss to
19 34 the permittee or because of conditions beyond the control and
19 35 without the fault or negligence of the permittee. If a coal
20 1 lease is issued under the federal Mineral Leasing Act, as
20 2 amended, extensions of time may not extend beyond the period
20 3 allowed for diligent development in accordance with section 7
20 4 of that Act. If coal is to be mined for use in a synthetic fuel
20 5 facility or specific major electric generating facility, the
20 6 permittee is deemed to have commenced mining operations when
20 7 the construction of the synthetic fuel or generating facility
20 8 is initiated.
20 9 Sec. 36. Section 225C.47, subsection 3, unnumbered
20 10 paragraph 1, Code 2015, is amended to read as follows:
20 11 Eligibility for the comprehensive family support program is
20 12 limited to families who meet all of the following conditions:
20 13 Sec. 37. Section 232.119, subsection 3, Code 2015, is
20 14 amended to read as follows:
20 15 3. To register a child on the Iowa exchange, the department
20 16 adoption worker or the private agency worker shall register the
20 17 pertinent information concerning the child on the exchange. A
20 18 photo photograph of the child and other necessary information
20 19 shall be forwarded to the department to be included in the
20 20 photo=listing book which shall be updated regularly. The
20 21 department adoption worker or the private agency worker who
20 22 places a child on the exchange shall update the registration
20 23 information within ten working days after a change in the
20 24 information occurs.
20 25 Sec. 38. Section 235A.17, subsection 3, Code 2015, is
20 26 amended to read as follows:
20 27 3. a. For the purposes of this subsection, "subject of
20 28 a child abuse report" means any individual listed in section
20 29 235A.15, subsection 2, paragraph "a", other than the attorney or
20 30 guardian ad litem of such individual.
20 31 b. An individual who is the subject of a child abuse
20 32 report may redisseminate to the governor or the governor's
20 33 designee or to a member of the general assembly or an employee
20 34 of the general assembly designated by the member, child
20 35 abuse information that was disseminated to the individual by
21 1 the department or other official source. The child abuse
21 2 information may also include the following related information
21 3 that the individual is allowed under law to possess:
21 4 department
21 5 (1) Department of human services information described in
21 6 section 217.30, subsection 1; mental.
21 7 (2) Mental health information as defined in section 228.1;
21 8 and juvenile.
21 9 (3) Juvenile court social records and other information in
21 10 official juvenile court records described in section 232.147.
21 11 c. A person who receives confidential child abuse
21 12 information and related information redisseminated under this
21 13 subsection shall not further disseminate, communicate, or
21 14 attempt to communicate the information to a person who is not
21 15 authorized by this section or other provision of law to have
21 16 access to the information.
21 17 Sec. 39. Section 235B.19, subsection 7, Code 2015, is
21 18 amended to read as follows:
21 19 7. If the department cannot obtain an emergency order
21 20 under this section due to inaccessibility of the court, the
21 21 department may contact law enforcement to remove the dependent
21 22 adult to safer surroundings, authorize the provision of
21 23 medical treatment, and order the provision of or provide other
21 24 available services necessary to remove conditions creating the
21 25 immediate danger to the health or safety of the dependent adult
21 26 or which are producing irreparable harm to the physical or
21 27 financial resources or property of the dependent adult. The
21 28 department shall obtain an emergency order under this section
21 29 not later than four 4:00 p.m. on the first succeeding business
21 30 day after the date on which protective or other services are
21 31 provided. If the department does not obtain an emergency
21 32 order within the prescribed time period, the department shall
21 33 cease providing protective services and, if necessary, make
21 34 arrangements for the immediate return of the person to the
21 35 place from which the person was removed, to the person's place
22 1 of residence in the state, or to another suitable place.
22 2 A person, agency, or institution acting in good faith in
22 3 removing a dependent adult or in providing services under this
22 4 subsection, and an employer of or person under the direction
22 5 of such a person, agency, or institution, shall have immunity
22 6 from any liability, civil or criminal, that might otherwise be
22 7 incurred or imposed as the result of the removal or provision
22 8 of services.
22 9 Sec. 40. Section 235F.6, subsection 4, unnumbered paragraph
22 10 1, Code 2015, is amended to read as follows:
22 11 The court may approve a consent agreement between the
22 12 parties entered into to bring about the cessation of elder
22 13 abuse. A consent agreement approved under this section shall
22 14 not contain any of the following:
22 15 Sec. 41. Section 237.14, Code 2015, is amended to read as
22 16 follows:
22 17 237.14 Enhanced foster care services.
22 18 The department shall provide for enhanced foster
22 19 care services by establishing supplemental per diem or
22 20 performance=based contracts which that include payment of
22 21 costs relating to payments of principal and interest for bonds
22 22 and notes issued pursuant to section 16.57 with facilities
22 23 licensed under this chapter which provide special services to
22 24 children who would otherwise be placed in a state juvenile
22 25 institution or an out=of=state program. Before completion of
22 26 the department's budget estimate as required by section 8.23,
22 27 the department shall determine and include in the estimate the
22 28 amount which should be appropriated for enhanced foster care
22 29 services for the forthcoming fiscal year in order to provide
22 30 sufficient services.
22 31 Sec. 42. Section 260C.48, subsection 4, Code 2015, is
22 32 amended to read as follows:
22 33 4. Standards relating to quality assurance of faculty
22 34 and ongoing quality professional development shall be the
22 35 accreditation standards of the higher learning commission,
23 1 and the faculty standards required under specific programs
23 2 offered by the community college that are accredited by other
23 3 accrediting agencies.
23 4 Sec. 43. Section 261B.11B, Code 2015, is amended to read as
23 5 follows:
23 6 261B.11B Voluntary registration.
23 7 A school or other postsecondary educational institution
23 8 that is exempt under section 261B.11 may voluntarily register
23 9 under this chapter 261B in order to comply with chapter 261G
23 10 or for purposes of institutional eligibility under 34 C.F.R.
23 11 {600.9(a).
23 12 Sec. 44. Section 263.6, Code 2015, is amended to read as
23 13 follows:
23 14 263.6 Management.
23 15 The management and control of such the institute of child
23 16 behavior and development shall be vested in a director
23 17 appointed by the said board of regents and an advisory board
23 18 of seven members to be appointed by the president of the
23 19 university from the faculty of the graduate college of said the
23 20 university.
23 21 Sec. 45. Section 280.17, subsection 2, paragraph a, Code
23 22 2015, is amended to read as follows:
23 23 a. The board of directors of a school district and the
23 24 authorities in charge of an accredited nonpublic school shall
23 25 place on administrative leave a school employee who is the
23 26 subject of an investigation of an alleged incident of abuse of
23 27 a student conducted in accordance with 281 IAC ch. 102.
23 28 Sec. 46. Section 284.15, subsection 2, paragraph a,
23 29 subparagraph (1), Code 2015, is amended to read as follows:
23 30 (1) The salary for an initial teacher who has successfully
23 31 completed an approved practitioner preparation program as
23 32 defined in section 272.1 or holds an initial or intern teacher
23 33 license issued under chapter 272, and who participates in the
23 34 initial beginning teacher mentoring and induction program
23 35 as provided in this chapter, shall be at least thirty=three
24 1 thousand five hundred dollars, which shall also constitute the
24 2 minimum salary for an Iowa teacher.
24 3 Sec. 47. Section 284.15, subsection 2, paragraph b,
24 4 subparagraph (1), Code 2015, is amended to read as follows:
24 5 (1) Has successfully completed the initial beginning
24 6 teacher mentoring and induction program and has successfully
24 7 completed a comprehensive evaluation.
24 8 Sec. 48. Section 310.27, Code 2015, is amended to read as
24 9 follows:
24 10 310.27 Period of allocation ==== reversion ==== temporary
24 11 transfers.
24 12 1. The farm=to=market road fund allotted to any county as
24 13 provided in this chapter shall remain available for expenditure
24 14 in said county for three years after the close of the fiscal
24 15 year during which said sums respectively were allocated. Any
24 16 sum remaining unexpended at the end of the period during which
24 17 it is available for expenditure, shall be reapportioned among
24 18 all the counties as provided in section 312.5 for original
24 19 allocations.
24 20 2. For the purposes of this section, any sums of the
24 21 farm=to=market road fund allotted to any county shall be
24 22 presumed to have been "expended" when a contract has been
24 23 awarded obligating the sums. When projects and their estimated
24 24 costs, which are proposed to be funded from the farm=to=market
24 25 road fund, are submitted to the department for approval,
24 26 the department shall estimate the total funding necessary
24 27 and the period during which claims for the projects will be
24 28 filed. After anticipating the funding necessary for approved
24 29 projects, the department may temporarily allocate additional
24 30 moneys from the farm=to=market road fund for use in any other
24 31 farm=to=market projects. However, a county shall not be
24 32 temporarily allocated funds for projects in excess of the
24 33 county's anticipated farm=to=market road fund allocation for
24 34 the current fiscal year plus the four succeeding fiscal years.
24 35 3. If in the judgment of the department the anticipated
25 1 claims against the primary road fund for any month are in
25 2 excess of moneys available, a temporary transfer for highway
25 3 construction costs may be made from the farm=to=market road
25 4 fund to the primary road fund providing there will remain
25 5 in the transferring fund a sufficient balance to meet the
25 6 anticipated obligations. All transfers shall be repaid from
25 7 the primary road fund to the farm=to=market road fund within
25 8 sixty days from the date of the transfer. A transfer shall be
25 9 made only with the approval of the director of the department
25 10 of management and shall comply with the director of the
25 11 department of management's rules relating to the transfer of
25 12 funds. Similar transfers may be made by the department from
25 13 the primary road fund to the farm=to=market road fund and these
25 14 transfers shall be subject to the same terms and conditions
25 15 that transfers from the farm=to=market road fund to the primary
25 16 road fund are subject.
25 17 Sec. 49. Section 328.1, subsection 1, paragraph u, Code
25 18 2015, is amended to read as follows:
25 19 u. "Operation of aircraft" or "operate aircraft" means the
25 20 use of aircraft for the purpose of air navigation, and includes
25 21 the navigation or piloting of aircraft and shall embrace any
25 22 person who causes or authorizes the operation of aircraft,
25 23 whether with or without the right of legal control (in, in the
25 24 capacity of owner, lessee, or otherwise) otherwise.
25 25 Sec. 50. Section 358.22, Code 2015, is amended to read as
25 26 follows:
25 27 358.22 Special assessments and connection fees.
25 28 1. The board of trustees of a sanitary district may provide
25 29 for payment of all or any portion of the costs of acquiring,
25 30 locating, laying out, constructing, reconstructing, repairing,
25 31 changing, enlarging, or extending conduits, ditches, channels,
25 32 outlets, drains, sewers, laterals, treatment plants, pumping
25 33 plants, and other necessary adjuncts thereto, by assessing all,
25 34 or any portion of the costs, on adjacent property according to
25 35 the benefits derived. For the purposes of this chapter, the
26 1 board of trustees may define "adjacent property" as all that
26 2 included within a designated benefited district or districts
26 3 to be fixed by the board, which may be all of the property
26 4 located within the sanitary district or any lesser portion
26 5 of that property. It is not a valid objection to a special
26 6 assessment that the improvement for which the assessment is
26 7 levied is outside the limits of the sanitary district, but a
26 8 special assessment shall not be made upon property situated
26 9 outside of the sanitary district. Special assessments pursuant
26 10 to this section shall be in proportion to the special benefits
26 11 conferred upon the property, and not in excess of the benefits,
26 12 and an assessment shall not exceed twenty=five percent of
26 13 the value of the property at the time of levy. The value of
26 14 a property is the present fair market value of the property
26 15 with the proposed public improvements completed. Payment of
26 16 installments of a special assessment against property used and
26 17 assessed as agricultural property shall be deferred upon the
26 18 filing of a request by the owner in the same manner and under
26 19 the same procedures as provided in chapter 384 for special
26 20 assessments by cities.
26 21 2. The assessments may be made to extend over a period not
26 22 to exceed fifteen years, payable in as nearly equal annual
26 23 installments as practicable. A majority vote of the board of
26 24 trustees is requisite and sufficient for any action required by
26 25 the board of trustees under this section.
26 26 3. Subject to the limitations otherwise stated in this
26 27 section, a sanitary district organized under this chapter has
26 28 all of the powers to specially assess the costs of improvements
26 29 described in this section, including the power to issue special
26 30 assessment bonds, warrants, project notes, or other forms of
26 31 interim financing obligations, which cities have under the laws
26 32 of this state.
26 33 4. Subject to the limitations otherwise stated in this
26 34 section, the board of trustees may establish one or more
26 35 benefited districts and schedules of fees for the connection
27 1 of property to the sanitary sewer facilities of a sanitary
27 2 district. Each person whose property will be connected to the
27 3 sanitary sewer facilities of a sanitary district shall pay a
27 4 connection fee to the sanitary district, which may include
27 5 the equitable cost of extending sanitary sewer service to
27 6 the benefited district and reasonable interest from the date
27 7 of construction to the date of payment. In establishing
27 8 the benefited districts and establishing and implementing
27 9 the schedules of fees, the board of trustees shall act in
27 10 accordance with the powers granted to a city in section 384.38,
27 11 subsection 3, and the procedures in that subsection. However,
27 12 all fees collected under this paragraph subsection shall be
27 13 paid to the sanitary district and the moneys collected as
27 14 fees shall be used only by the sanitary district to finance
27 15 improvements or extensions to its sanitary sewer facilities,
27 16 to reimburse the sanitary district for funds disbursed by
27 17 its board of trustees to finance improvements or extensions
27 18 to its sanitary sewer facilities, or to pay debt service on
27 19 obligations issued to finance improvements or extensions to
27 20 its sanitary sewer facilities. This paragraph subsection does
27 21 not apply when a sanitary district annexation plan or petition
27 22 includes annexation of an area adjoining the district or a
27 23 petition has not been presented for a sewer connection. Until
27 24 the annexation becomes effective or the annexation plan or
27 25 petition is abandoned, the state mandate contained in section
27 26 455B.172, subsections 3, 4, and 5, shall not apply unless
27 27 the property owner requests to be connected to the sanitary
27 28 district's sewer facilities and voluntarily pays the connection
27 29 fee.
27 30 Sec. 51. Section 403.6, subsection 1, Code 2015, is amended
27 31 to read as follows:
27 32 1. To undertake and carry out urban renewal projects within
27 33 its area of operation; and to make and execute contracts and
27 34 other instruments necessary or convenient to the exercise
27 35 of its powers under this chapter; and to disseminate slum
28 1 clearance and urban renewal information.
28 2 Sec. 52. Section 403A.3, subsections 2, 3, 4, and 7, Code
28 3 2015, are amended to read as follows:
28 4 2. To undertake and carry out studies and analyses of the
28 5 housing needs and of the meeting of such needs (including,
28 6 including data with respect to population and family groups
28 7 and the distribution thereof according to income groups, the
28 8 amount and quality of available housing and its distribution
28 9 according to rentals and sales prices, employment, wages and
28 10 other factors affecting the local housing needs and the meeting
28 11 thereof) thereof, and to make the results of such studies and
28 12 analyses available to the public and the building, housing, and
28 13 supply industries; and to engage in research and disseminate
28 14 information on housing and slum clearance.
28 15 3. To arrange or contract for the furnishing by any person
28 16 or agency, public or private, of services, privileges, works
28 17 or facilities for, or in connection with, a housing project or
28 18 the occupants thereof; and (notwithstanding, notwithstanding
28 19 anything to the contrary contained in this chapter or in
28 20 any other provision of law) law, to agree to any conditions
28 21 attached to federal financial assistance relating to the
28 22 determination of prevailing salaries or wages or payment of
28 23 not less than prevailing salaries or wages or compliance with
28 24 labor standards, in the development or administration of
28 25 projects, and to include in any contract let in connection
28 26 with a project, stipulations requiring that the contractor
28 27 and any subcontractor comply with requirements as to minimum
28 28 salaries or wages and maximum hours of labor, and comply with
28 29 any conditions which the federal government may have attached
28 30 to its financial aid of the project.
28 31 4. To lease or rent any dwellings, accommodations, lands,
28 32 buildings, structures or facilities embraced in any project
28 33 and (subject, subject to the limitations contained in this
28 34 chapter with respect to the rental of dwellings in housing
28 35 projects) projects, to establish and revise the rents or
29 1 charges therefor; to own, hold and improve real or personal
29 2 property; to purchase, lease, obtain options upon, acquire by
29 3 gift, grant, bequest, devise or otherwise any real or personal
29 4 property or any interest therein; to acquire by the exercise
29 5 of the power of eminent domain any real property subject to
29 6 section 403A.20; to sell, lease, exchange, transfer, assign,
29 7 pledge or dispose of any real or personal property or any
29 8 interest therein; to insure or provide for the insurance, in
29 9 any stock or mutual company of any real or personal property or
29 10 operations of the municipality against any risks or hazards;
29 11 to procure or agree to the procurement of federal or state
29 12 government insurance or guarantees of the payment of any bonds
29 13 or parts thereof issued by a municipality, including the power
29 14 to pay premiums on any such insurance.
29 15 7. To conduct examinations and investigations and to hear
29 16 testimony and take proof under oath at public or private
29 17 hearings on any matter material for its information; to
29 18 administer oaths, issue subpoenas requiring the attendance of
29 19 witnesses or the production of books and papers and to issue
29 20 commissions for the examination of witnesses who are outside of
29 21 the state or unable to attend or excused from attendance; to
29 22 make available to appropriate agencies (including, including
29 23 those charged with the duty of abating or requiring the
29 24 correction of nuisances or like conditions or of demolishing
29 25 unsafe or insanitary structures within its area of operation)
29 26 operation, its findings and recommendations with regard to any
29 27 building or property where conditions exist which are dangerous
29 28 to the public health, morals, safety or welfare.
29 29 Sec. 53. Section 422.12, subsection 1, paragraph b, Code
29 30 2015, is amended to read as follows:
29 31 b. "Emergency medical services personnel" personnel member"
29 32 means an emergency medical care provider, as defined in section
29 33 147A.1, who is certified as a first responder pursuant to
29 34 chapter 147A.
29 35 Sec. 54. Section 422.12, subsection 2, paragraph c, Code
30 1 2015, is amended to read as follows:
30 2 c. (1) A volunteer fire fighter and volunteer emergency
30 3 medical services personnel member credit equal to one hundred
30 4 dollars to compensate the taxpayer for the voluntary services
30 5 if the volunteer served for the entire tax year. A taxpayer
30 6 who is a paid employee of an emergency medical services program
30 7 or a fire department and who is also a volunteer emergency
30 8 medical services personnel member or volunteer fire fighter in
30 9 a city, county, or area governed by an agreement pursuant to
30 10 chapter 28E where the emergency medical services program or
30 11 fire department performs services, shall qualify for the credit
30 12 provided under this paragraph "c".
30 13 (2) If the taxpayer is not a volunteer fire fighter or
30 14 volunteer emergency medical services personnel member for
30 15 the entire tax year, the maximum amount of the credit shall
30 16 be prorated and the amount of credit for the taxpayer shall
30 17 equal the maximum amount of credit for the tax year, divided by
30 18 twelve, multiplied by the number of months in the tax year the
30 19 taxpayer was a volunteer. The credit shall be rounded to the
30 20 nearest dollar. If the taxpayer is a volunteer during any part
30 21 of a month, the taxpayer shall be considered a volunteer for
30 22 the entire month. If the taxpayer is a volunteer fire fighter
30 23 and a volunteer emergency medical services personnel member
30 24 during the same month, a credit may be claimed for only one
30 25 volunteer position for that month.
30 26 (2) (3) The taxpayer is required to have a written
30 27 statement from the fire chief or other appropriate supervisor
30 28 verifying that the taxpayer was a volunteer fire fighter or
30 29 volunteer emergency medical services personnel member for the
30 30 months for which the credit under this paragraph "c" is claimed.
30 31 Sec. 55. Section 422.12, subsection 2, paragraph d,
30 32 subparagraphs (3) and (4), Code 2015, are amended to read as
30 33 follows:
30 34 (3) If the taxpayer is a reserve peace officer during
30 35 the same month as the taxpayer is a volunteer fire fighter
31 1 or volunteer emergency medical services personnel member, as
31 2 defined in this section, a credit may be claimed for only one
31 3 position for that month under either paragraph "c" or this
31 4 paragraph or paragraph "c" "d".
31 5 (4) The taxpayer is required to have a written statement
31 6 from the chief of police, sheriff, commissioner of public
31 7 safety, or other appropriate supervisor verifying that the
31 8 taxpayer was a reserve peace officer for the months for which
31 9 the credit under this paragraph "d" is claimed.
31 10 Sec. 56. Section 422.17, Code 2015, is amended to read as
31 11 follows:
31 12 422.17 Certificate issued by department to make payments
31 13 without withholding.
31 14 Any nonresident whose Iowa income is not subject to section
31 15 422.16, subsection 1, in whole or in part, and who elects to
31 16 be governed by section 422.16, subsection 12, of that section
31 17 to the extent that the nonresident pays the entire amount of
31 18 tax properly estimated on or before the last day of the fourth
31 19 month of the nonresident's tax year, for the year, may for the
31 20 year of the election and payment, be granted a certificate from
31 21 the department authorizing each withholding agent, the income
31 22 from whom the nonresident has considered in the payment of
31 23 estimated tax and to the extent the income is included in the
31 24 estimate, to make payments of income to the nonresident without
31 25 withholding tax from those payments. Withholding agents, if
31 26 payments exceed the tax liability estimated by the nonresident
31 27 as indicated upon the certificate, shall withhold tax in
31 28 accordance with subsection 12 of section 422.16, subsection 12.
31 29 Sec. 57. Section 423.1, subsection 43, Code 2015, is amended
31 30 to read as follows:
31 31 43. a. "Receive" and "receipt" mean any of the following:
31 32 a. (1) Taking possession of tangible personal property.
31 33 b. (2) Making first use of a service.
31 34 c. (3) Taking possession or making first use of digital
31 35 goods, whichever comes first.
32 1 b. "Receive" and "receipt" do not include possession by a
32 2 shipping company on behalf of a purchaser.
32 3 Sec. 58. Section 423.29, Code 2015, is amended to read as
32 4 follows:
32 5 423.29 Collections by sellers.
32 6 1. Every seller who is a retailer and who is making taxable
32 7 sales of tangible personal property in Iowa shall, at the time
32 8 of selling the property, collect the sales tax. Every seller
32 9 who is a retailer maintaining a place of business in this state
32 10 and selling tangible personal property for use in Iowa shall,
32 11 at the time of making the sale, whether within or without the
32 12 state, collect the use tax. Sellers required to collect sales
32 13 or use tax shall give to any purchaser a receipt for the tax
32 14 collected in the manner and form prescribed by the director.
32 15 2. Every seller who is a retailer furnishing taxable
32 16 services in Iowa and every seller who is a retailer maintaining
32 17 a place of business in this state and furnishing taxable
32 18 services in Iowa or services outside Iowa if the product or
32 19 result of the service is used in Iowa shall be subject to the
32 20 provisions of the preceding paragraph subsection 1.
32 21 Sec. 59. Section 423.32, subsection 1, Code 2015, is amended
32 22 to read as follows:
32 23 1. a. A retailer maintaining a place of business in this
32 24 state who is required to collect or a user who is required to
32 25 pay the use tax or a foreign retailer authorized, pursuant to
32 26 section 423.30, to collect the use tax, shall remit to the
32 27 department the amount of tax on or before the last day of the
32 28 month following each calendar quarterly period. However, a
32 29 retailer who collects or owes more than fifteen hundred dollars
32 30 in use taxes in a month shall deposit with the department or in
32 31 a depository authorized by law and designated by the director,
32 32 the amount collected or owed, with a deposit form for the month
32 33 as prescribed by the director.
32 34 a. b. The deposit form is due on or before the twentieth
32 35 day of the month following the month of collection, except a
33 1 deposit is not required for the third month of the calendar
33 2 quarter, and the total quarterly amount, less the amounts
33 3 deposited for the first two months of the quarter, is due with
33 4 the quarterly report on the last day of the month following
33 5 the month of collection. At that time, the retailer shall
33 6 file with the department a return for the preceding quarterly
33 7 period in the form prescribed by the director showing the
33 8 purchase price of the tangible personal property sold by the
33 9 retailer during the preceding quarterly period, the use of
33 10 which is subject to the use tax imposed by this chapter, and
33 11 other information the director deems necessary for the proper
33 12 administration of the use tax.
33 13 b. c. The return shall be accompanied by a remittance
33 14 of the use tax for the period covered by the return. If
33 15 necessary in order to ensure payment to the state of the tax,
33 16 the director may in any or all cases require returns and
33 17 payments to be made for other than quarterly periods. The
33 18 director, upon request and a proper showing of necessity,
33 19 may grant an extension of time not to exceed thirty days for
33 20 making any return and payment. Returns shall be signed, in
33 21 accordance with forms and rules prescribed by the director, by
33 22 the retailer or the retailer's authorized agent, and shall be
33 23 certified by the retailer or agent to be correct.
33 24 Sec. 60. Section 423D.4, Code 2015, is amended to read as
33 25 follows:
33 26 423D.4 Administration by director.
33 27 1. The director of revenue shall administer the excise
33 28 tax on the sale and use of equipment as nearly as possible in
33 29 conjunction with the administration of the state sales and use
33 30 tax law, except that portion of the law which implements the
33 31 streamlined sales and use tax agreement. The director shall
33 32 provide appropriate forms, or provide on the regular state
33 33 tax forms, for reporting the sale and use of equipment excise
33 34 tax liability. All moneys received and all refunds shall be
33 35 deposited in or withdrawn from the general fund of the state.
34 1 2. The director may require all persons who are engaged
34 2 in the business of deriving any sales price or purchase
34 3 price subject to tax under this chapter to register with
34 4 the department. The director may also require a tax permit
34 5 applicable only to this chapter for any retailer not
34 6 collecting, or any user not paying, taxes under chapter 423.
34 7 3. Section 422.25, subsection 4, sections 422.30, 422.67,
34 8 and 422.68, section 422.69, subsection 1, sections 422.70,
34 9 422.71, 422.72, 422.74, and 422.75, section 423.14, subsection
34 10 1, and sections 423.23, 423.24, 423.25, 423.31 through
34 11 423.35, 423.37 through 423.42, and 423.47, consistent with
34 12 the provisions of this chapter, apply with respect to the tax
34 13 authorized under this chapter, in the same manner and with the
34 14 same effect as if the excise taxes on equipment sales or use
34 15 were retail sales taxes within the meaning of those statutes.
34 16 Notwithstanding this paragraph subsection, the director shall
34 17 provide for quarterly filing of returns and for other than
34 18 quarterly filing of returns both as prescribed in section
34 19 423.31. All taxes collected under this chapter by a retailer
34 20 or any user are deemed to be held in trust for the state of
34 21 Iowa.
34 22 Sec. 61. Section 427.1, subsection 22, paragraph a, Code
34 23 2015, is amended to read as follows:
34 24 a. Application for this exemption shall be filed with the
34 25 commissioners of the soil and water conservation district
34 26 in which the property is located, not later than February 1
34 27 of the assessment year, on forms provided by the department
34 28 of revenue. The application shall describe and locate the
34 29 property to be exempted and have attached to it an aerial photo
34 30 photograph of that property on which is outlined the boundaries
34 31 of the property to be exempted. In the case of an open prairie
34 32 that has been restored or reestablished, the property shall
34 33 be inspected and certified as provided by the county board
34 34 of supervisors as having adequate ground cover consisting of
34 35 native species and that all primary and secondary noxious weeds
35 1 present are being controlled to prevent the spread of seeds by
35 2 either wind or water. In the case of an open prairie which
35 3 is or includes a gully area susceptible to severe erosion, an
35 4 approved erosion control plan must accompany the application.
35 5 Sec. 62. Section 452A.65, Code 2015, is amended to read as
35 6 follows:
35 7 452A.65 Failure to promptly pay fuel taxes ==== refunds ====
35 8 interest and penalties ==== successor liability.
35 9 1. In addition to the tax or additional tax, the taxpayer
35 10 shall pay a penalty as provided in section 421.27. The
35 11 taxpayer shall also pay interest on the tax or additional
35 12 tax at the rate in effect under section 421.7 counting each
35 13 fraction of a month as an entire month, computed from the date
35 14 the return was required to be filed. If the amount of the tax
35 15 as determined by the appropriate state agency is less than the
35 16 amount paid, the excess shall be refunded with interest, the
35 17 interest to begin to accrue on the first day of the second
35 18 calendar month following the date of payment or the date the
35 19 return was due to be filed or was filed, whichever is the
35 20 latest, at the rate in effect under section 421.7 counting
35 21 each fraction of a month as an entire month under the rules
35 22 prescribed by the appropriate state agency. Claims for
35 23 refund filed under sections 452A.17 and 452A.21 shall accrue
35 24 interest beginning with the first day of the second calendar
35 25 month following the date the refund claim is received by the
35 26 department.
35 27 2. A report required of licensees or persons operating under
35 28 division III, upon which no tax is due, is subject to a penalty
35 29 of ten dollars if the report is not timely filed with the state
35 30 department of transportation.
35 31 3. If a licensee or other person sells the licensee's
35 32 or other person's business or stock of goods or quits the
35 33 business, the licensee or other person shall prepare a final
35 34 return and pay all tax due within the time required by law.
35 35 The immediate successor to the licensee or other person, if
36 1 any, shall withhold sufficient of the purchase price, in
36 2 money or money's worth, to pay the amount of any delinquent
36 3 tax, interest or penalty due and unpaid. If the immediate
36 4 successor of the business or stock of goods intentionally
36 5 fails to withhold any amount due from the purchase price as
36 6 provided in this paragraph subsection, the immediate successor
36 7 is personally liable for the payment of the taxes, interest
36 8 and penalty accrued and unpaid on account of the operation of
36 9 the business by the immediate former licensee or other person,
36 10 except when the purchase is made in good faith as provided
36 11 in section 421.28. However, a person foreclosing on a valid
36 12 security interest or retaking possession of premises under a
36 13 valid lease is not an "immediate successor" for purposes of this
36 14 paragraph subsection. The department may waive the liability
36 15 of the immediate successor under this paragraph subsection if
36 16 the immediate successor exercised good faith in establishing
36 17 the amount of the previous liability.
36 18 Sec. 63. Section 455D.16, subsection 4, paragraph a,
36 19 subparagraph (4), Code 2015, is amended to read as follows:
36 20 (4) That collection points will be established to serve
36 21 homeowners. The collection points shall include but are not
36 22 limited to regional collection centers permitted under 567 IAC
36 23 ch. 123. Collection points may include but are not limited to
36 24 thermostat retailers.
36 25 Sec. 64. Section 476.53, subsection 3, paragraph a,
36 26 subparagraph (1), Code 2015, is amended to read as follows:
36 27 (1) (a) Files an application pursuant to section 476A.3 to
36 28 construct in Iowa a baseload electric power generating facility
36 29 with a nameplate generating capacity equal to or greater
36 30 than three hundred megawatts or a combined=cycle electric
36 31 power generating facility, or an alternate energy production
36 32 facility as defined in section 476.42, or to significantly
36 33 alter an existing generating facility. For purposes of
36 34 this subparagraph, a significant alteration of an existing
36 35 generating facility must, in order to qualify for establishment
37 1 of ratemaking principles, fall into one of the following
37 2 categories:
37 3 (a) (i) Conversion of a coal fueled facility into a gas
37 4 fueled facility.
37 5 (b) (ii) Addition of carbon capture and storage facilities
37 6 at a coal fueled facility.
37 7 (c) (iii) Addition of gas fueled capability to a coal
37 8 fueled facility, in order to convert the facility to one that
37 9 will rely primarily on gas for future generation.
37 10 (d) (iv) Addition of a biomass fueled capability to a coal
37 11 fueled facility.
37 12 (b) With respect to a significant alteration of an
37 13 existing generating facility, an original facility shall
37 14 not be required to be either a baseload or a combined=cycle
37 15 facility. Only the incremental investment undertaken by a
37 16 utility under subparagraph divisions (a) subdivision (i), (b)
37 17 (ii), (c) (iii), or (d) (iv) shall be eligible to apply the
37 18 ratemaking principles established by the order issued pursuant
37 19 to paragraph "e". Facilities for which advanced ratemaking
37 20 principles are obtained pursuant to this section shall not
37 21 be subject to a subsequent board review pursuant to section
37 22 476.6, subsection 20, to the extent that the investment has
37 23 been considered by the board under this section. To the
37 24 extent an eligible utility has been authorized to make capital
37 25 investments subject to section 476.6, subsection 20, such
37 26 investments shall not be eligible for ratemaking principles
37 27 pursuant to this section.
37 28 Sec. 65. Section 480.1, subsection 4, Code 2015, is amended
37 29 to read as follows:
37 30 4. a. "Excavation" means an operation in which a structure
37 31 or earth, rock, or other material in or on the ground is moved,
37 32 removed, or compressed, or otherwise displaced by means of any
37 33 tools, equipment, or explosives and includes but is not limited
37 34 to grading, trenching, tiling, digging, ditching, drilling,
37 35 augering, tunneling, scraping, cable or pipe plowing, driving,
38 1 and demolition of structures.
38 2 b. "Excavation" does not include normal farming operations,
38 3 residential, commercial, or similar gardening, the opening of a
38 4 grave site in a cemetery, normal activities involved in land
38 5 surveying pursuant to chapter 542B, operations in a solid waste
38 6 disposal site which has planned for underground facilities,
38 7 the replacement of an existing traffic sign at its current
38 8 location and at no more than its current depth, and normal road
38 9 or highway maintenance which does not change the original grade
38 10 of the roadway or the ditch.
38 11 Sec. 66. Section 491.3, subsection 6, Code 2015, is amended
38 12 to read as follows:
38 13 6. To make contracts, acquire and transfer property ====
38 14 possessing property, possessing the same powers in such
38 15 respects as natural persons.
38 16 Sec. 67. Section 491.20, Code 2015, is amended to read as
38 17 follows:
38 18 491.20 Amendments ==== fees.
38 19 1. Amendments to articles of incorporation making changes
38 20 in any of the provisions of the articles may be made at any
38 21 annual meeting of the stockholders or special meeting called
38 22 for that purpose, and they shall be valid only when approved by
38 23 the shareholders and filed with the secretary of state. If no
38 24 increase is made in the amount of capital stock, a certificate
38 25 fee of one dollar and a recording fee of fifty cents per page
38 26 must be paid. Where capital stock is increased the certificate
38 27 fee shall be omitted but there shall be paid a recording fee
38 28 of fifty cents per page and in addition a filing fee which
38 29 in case of corporations existing for a period of years shall
38 30 be one dollar per thousand of such increase and in case of
38 31 corporations empowered to exist perpetually shall be one dollar
38 32 and ten cents per thousand of such increase. Corporations
38 33 providing for perpetual existence by amendment to its articles
38 34 shall, at the time of filing such amendment, pay to the
38 35 secretary of state a fee of one hundred dollars together with a
39 1 recording fee of fifty cents per page, and, for all authorized
39 2 capital stock in excess of ten thousand dollars, an additional
39 3 fee of one dollar ten cents per thousand.
39 4 2. a. Its articles of incorporation to the contrary
39 5 notwithstanding, if three=fourths of the voting stock of any
39 6 corporation organized under the provisions of this chapter,
39 7 with assets of the value of one million dollars or more, is
39 8 owned by individuals owning not more than one share each of
39 9 the voting stock thereof, said articles may be amended at any
39 10 regular or special meeting of stockholders, when a notice in
39 11 writing of the substance of the proposed amendment has been
39 12 mailed by ordinary mail to each voting stockholder of such
39 13 corporation not more than ninety nor less than sixty days prior
39 14 to said meeting, by the affirmative vote of two=thirds of the
39 15 voting stock represented at said meeting when said amendment is
39 16 approved by the affirmative vote of two=thirds of the members
39 17 of the board of directors at a meeting prior to the mailing of
39 18 said notice.
39 19 b. If such corporation is renewed under the provisions of
39 20 section 491.25, the voting stock of dissenting stockholders or
39 21 any portion thereof may be purchased by the corporation at its
39 22 option as provided in said section 491.25.
39 23 Sec. 68. Section 491.25, Code 2015, is amended to read as
39 24 follows:
39 25 491.25 Renewal ==== conditions.
39 26 1. Corporations existing for a period of years may be
39 27 renewed from time to time for the same or shorter periods, or
39 28 may be renewed to exist perpetually, upon compliance with the
39 29 provisions of this section and other applicable statutes.
39 30 2. The right of renewal is vested in the stockholders and
39 31 shall be exercised by a resolution thereof adopted at any
39 32 regular meeting or at any special meeting called for that
39 33 purpose. Such resolution must be adopted by a majority of all
39 34 the votes cast at such meeting, or by such other vote as is
39 35 authorized or required in the company's existing articles of
40 1 incorporation.
40 2 3. If the renewal instrument in proper form and the
40 3 necessary fees are tendered to the secretary of state for
40 4 filing three months or less either prior or subsequent to the
40 5 corporation's expiration date, such the renewal shall take
40 6 effect immediately upon the expiration of the corporation's
40 7 previous period of existence, and in such case, the corporate
40 8 existence shall be considered as having been extended without
40 9 interruption. If the renewal is filed more than three months
40 10 before or after the expiration date, such the renewal shall
40 11 take effect upon the date such renewal with necessary fees is
40 12 accepted and filed by the secretary of state; and in cases
40 13 where filed more than three months after the expiration date,
40 14 shall not be in legal effect a renewal unless the procedure
40 15 provided for and the additional fees provided for in section
40 16 491.28 are fully complied with and paid.
40 17 4. In all cases of renewal, those stockholders voting for
40 18 such renewal must purchase at its real value the stock voted
40 19 against such the renewal, and shall have three years from the
40 20 date such action for renewal was taken in which to purchase
40 21 and pay for the stock voting against such the renewal, which
40 22 purchase price shall bear interest at the rate of five percent
40 23 per annum from the date of such the renewal action until paid.
40 24 Sec. 69. Section 499.9, Code 2015, is amended to read as
40 25 follows:
40 26 499.9 Penalties ==== performance ==== injunction ==== arbitration.
40 27 1. a. Contracts permitted by section 499.8 may provide
40 28 that the member pay the association any sum, fixed in amount
40 29 or by a specified method of computation, for each violation
40 30 thereof; also all the association's expenses of any suit
40 31 thereon, including bond premiums and attorney's fees. All
40 32 such provisions shall be enforced as written, whether at law
40 33 or in equity, and shall be deemed proper measurement of actual
40 34 damages, and not penalties or forfeitures.
40 35 b. The association may obtain specific performance of any
41 1 such contract, or enjoin its threatened or continued breach,
41 2 despite the adequacy of any legal or other remedy.
41 3 c. If the association files a verified petition, showing an
41 4 actual or threatened breach of any such contract and seeking
41 5 any remedy therefor, the court shall, without notice or
41 6 delay but on such bond as it deems proper, issue a temporary
41 7 injunction against such breach or its continuance.
41 8 2. The parties to such contracts may agree to arbitrate
41 9 any controversy subsequently arising thereunder, and fix the
41 10 number of arbitrators and method of their appointment. Such
41 11 agreements shall be valid and irrevocable, except on such
41 12 grounds as invalidate contracts generally. If they specify no
41 13 method for appointing arbitrators, or if either party fails
41 14 to follow such method, or if for any reason arbitrators are
41 15 not named or vacancies filled, either party may apply to the
41 16 district court to designate the necessary arbitrator, who shall
41 17 then act under the agreement with the same authority as if
41 18 named in it. Unless otherwise agreed, there shall be but one
41 19 arbitrator.
41 20 Sec. 70. Section 499B.7, subsection 2, Code 2015, is amended
41 21 to read as follows:
41 22 2. Any conveyance, encumbrance, lien, alienation, or
41 23 devise of an apartment under a horizontal property regime by
41 24 any instrument which describes the land and apartment as set
41 25 forth in section 499B.4, shall also convey, encumber, alienate,
41 26 devise, or be a lien upon the fractional or percentage
41 27 interest appurtenant to each such apartment under section
41 28 499B.4, subsection 6, to the general common elements, and the
41 29 respective share or percentage interest to limited common
41 30 elements where applicable, whether such general common elements
41 31 or limited common elements are described as in section 499B.4,
41 32 subsections 4 and 5, by general reference only, or not at all.
41 33 Sec. 71. Section 499B.15, subsections 3 and 4, Code 2015,
41 34 are amended to read as follows:
41 35 3. Method of calling or summoning the co=owners to assemble;
42 1 what percentage, if other than a majority of apartment owners,
42 2 shall constitute a quorum; who is to preside over the meeting;
42 3 and who will keep the minute book wherein the resolutions shall
42 4 be recorded.
42 5 4. Maintenance, repair, and replacement of the common areas
42 6 and facilities and payments therefor including the method of
42 7 approving payment vouchers.
42 8 Sec. 72. Section 507B.5, subsection 1, paragraph c, Code
42 9 2015, is amended to read as follows:
42 10 c. Require directly or indirectly that any borrower,
42 11 mortgagor, purchaser, insurer, broker, or agent pay a separate
42 12 charge, in connection with the handling of any insurance
42 13 policy required as security for a loan on real estate, or pay
42 14 a separate charge to substitute the insurance policy of one
42 15 insurer for that of another.
42 16 Sec. 73. Section 507C.4, subsection 5, Code 2015, is amended
42 17 to read as follows:
42 18 5. All action actions authorized in this chapter shall be
42 19 brought in the district court in Polk county.
42 20 Sec. 74. Section 508.38, subsection 1, Code 2015, is amended
42 21 to read as follows:
42 22 1. This section does not apply to any reinsurance,
42 23 group annuity purchased under a retirement plan or plan of
42 24 deferred compensation established or maintained by an employer
42 25 (including, including a partnership or sole proprietorship)
42 26 proprietorship, or by an employee organization, or by both,
42 27 other than a plan providing individual retirement accounts or
42 28 individual retirement annuities under section 408 of the United
42 29 States Internal Revenue Code, as now or hereafter amended,
42 30 premium deposit fund, variable annuity, investment annuity,
42 31 immediate annuity, any deferred annuity contract after annuity
42 32 payments have commenced, or reversionary annuity, nor to any
42 33 contract which is delivered outside this state through an agent
42 34 or other representative of the company issuing the contract.
42 35 Sec. 75. Section 509.4, Code 2015, is amended to read as
43 1 follows:
43 2 509.4 Number insured.
43 3 An insurer may issue policies of individual life, accident,
43 4 health, hospital, medical or surgical insurance or any
43 5 combination thereof at reduced rates to employees of a common
43 6 employer including the state, a county, school district, city
43 7 or institution supported in whole or in part by public funds,
43 8 but the number of employees to be insured must be more than
43 9 one. The premium for such policies may be paid wholly or in
43 10 part by the employer. If such policies shall provide term life
43 11 insurance renewable only during the continuance of employment
43 12 with the employer they shall also provide for conversion to a
43 13 level premium life policy substantially in accordance with the
43 14 provisions of subsection 8 of section 509.2, subsection 8.
43 15 Sec. 76. Section 514.4, Code 2015, is amended to read as
43 16 follows:
43 17 514.4 Directors.
43 18 1. a. At least two=thirds of the directors of a hospital
43 19 service corporation, medical service corporation, dental
43 20 service corporation, or pharmaceutical or optometric service
43 21 corporation subject to this chapter shall be at all times
43 22 subscribers and not more than one=third of the directors
43 23 shall be providers as provided in this section. The board of
43 24 directors of each corporation shall consist of at least nine
43 25 members.
43 26 b. A subscriber director is a director of the board of
43 27 a corporation who is a subscriber and who is not a provider
43 28 of health care pursuant to section 514B.1, subsection 7, a
43 29 person who has material financial or fiduciary interest in the
43 30 delivery of health care services or a related industry, an
43 31 employee of an institution which provides health care services,
43 32 or a spouse or a member of the immediate family of such a
43 33 person. However, a subscriber director of a dental service
43 34 corporation may be an employee, officer, director, or trustee
43 35 of a hospital that does not contract with the dental service
44 1 corporation. A subscriber director of a hospital or medical
44 2 service corporation shall be a subscriber of the services of
44 3 that corporation.
44 4 c. A provider director of a corporation subject to this
44 5 chapter shall be at all times a person who has a material
44 6 financial interest in or is a fiduciary to or an employee
44 7 of or is a spouse or member of the immediate family of a
44 8 provider having a contract with such corporation to render to
44 9 its subscribers the services of such corporation or who is a
44 10 hospital trustee.
44 11 2. A director may serve on a board of only one corporation
44 12 at a time subject to this chapter.
44 13 3. The commissioner of insurance shall adopt rules pursuant
44 14 to chapter 17A to implement the process of the election of
44 15 subscriber directors of the board of directors of a corporation
44 16 to ensure the representation of a broad spectrum of subscriber
44 17 interest on each board and establish criteria for the selection
44 18 of nominees. The rules shall provide for an independent
44 19 subscriber nominating committee to serve until the composition
44 20 of the board of directors meets the percentage requirements
44 21 of this section. Once the composition requirements of this
44 22 section are met, the nominations for subscriber directors
44 23 shall be made by the subscriber directors of the board under
44 24 procedures the board establishes which shall also permit
44 25 nomination by a petition of at least fifty subscribers. The
44 26 board shall also establish procedures to permit nomination of
44 27 provider directors by petition of at least fifty participating
44 28 providers. A member of the board of directors of a corporation
44 29 subject to this chapter shall not serve on the independent
44 30 subscriber nominating committee. The nominating committee
44 31 shall consist of subscribers as defined in this section. The
44 32 rules of the commissioner of insurance shall also permit
44 33 nomination of subscriber directors by a petition of at least
44 34 fifty subscribers, and nomination of provider directors
44 35 by a petition of at least fifty participating providers.
45 1 These petitions shall be considered only by the independent
45 2 nominating committee during the duration of the committee.
45 3 Following the discontinuance of the committee, the petition
45 4 process shall be continued and the board of directors of the
45 5 corporation shall consider the petitions. The independent
45 6 subscriber nominating committee is not subject to chapter 17A.
45 7 The nominating committee shall not receive per diem or expenses
45 8 for the performance of their duties.
45 9 4. Population factors, representation of different
45 10 geographic regions, and the demography of the service area of
45 11 the corporation subject to this chapter shall be considered
45 12 when making nominations for the board of directors of a
45 13 corporation subject to this chapter.
45 14 5. A corporation serving states in addition to Iowa shall be
45 15 required to implement this section only for directors who are
45 16 residents of Iowa and elected as board members from Iowa.
45 17 Sec. 77. Section 514G.105, subsection 10, paragraph c, Code
45 18 2015, is amended to read as follows:
45 19 c. The requirements of a policy summary set forth in
45 20 paragraph "b" may be incorporated into the basic illustration
45 21 required to be delivered in accordance with 191 IAC ch. 14, or
45 22 into the life insurance policy summary required to be delivered
45 23 in accordance with 191 IAC 15.4.
45 24 Sec. 78. Section 515.109, subsection 6, unnumbered
45 25 paragraph 1, Code 2015, is amended to read as follows:
45 26 a. The form of the standard policy (with permission to
45 27 substitute for the word "company" a more accurate descriptive
45 28 term for the type of insurer) shall be as follows:
45 29 Sec. 79. Section 515.109, subsection 6, unnumbered
45 30 paragraph 2, Code 2015, is amended to read as follows:
45 31 b. It is important that the written portions of all policies
45 32 covering the same property read exactly alike. If they do not,
45 33 they should be made uniform at once.
45 34 Sec. 80. Section 515A.4, subsection 5, Code 2015, is amended
45 35 to read as follows:
46 1 5. Under such rules and regulations as the commissioner
46 2 shall adopt the commissioner may, by written order, suspend or
46 3 modify the requirement of filing as to any kind of insurance,
46 4 subdivision or combination thereof, or as to classes of risks,
46 5 the rates for which cannot practicably be filed before they are
46 6 used. Such order, rules and regulations shall be made known
46 7 to insurers and rating organizations affected thereby. The
46 8 commissioner may make such examination as the commissioner
46 9 may deem advisable to ascertain whether any rates affected by
46 10 such order meet the standards set forth in paragraph "b" of
46 11 subsection 1 of section 515A.3, subsection 1, paragraph "b".
46 12 Sec. 81. Section 515A.8, subsection 2, Code 2015, is amended
46 13 to read as follows:
46 14 2. If such appeal is based upon the failure of the rating
46 15 organization to make a filing on behalf of such member or
46 16 subscriber, which is based on a system of expense provisions
46 17 which differs, in accordance with the right granted in
46 18 paragraph "c" of subsection 1 of section 515A.3, subsection 1,
46 19 paragraph "c", from the system of expense provisions included
46 20 in a filing made by the rating organization, the commissioner
46 21 shall, if the commissioner grants the appeal, order the rating
46 22 organization to make the requested filing for use by the
46 23 appellant. In deciding such appeal the commissioner shall
46 24 apply the standards set forth in section 515A.3.
46 25 Sec. 82. Section 517.1, unnumbered paragraph 1, Code 2015,
46 26 is amended to read as follows:
46 27 Every corporation, association, company, or reciprocal
46 28 exchange writing any of the several classes of insurance
46 29 authorized by paragraph "d" of subsection 5 of section 515.48,
46 30 subsection 5, paragraph "d", shall maintain reserves for
46 31 outstanding losses under insurance against loss or damage from
46 32 accident to or injuries suffered by an employee or other person
46 33 and for which the insured is liable computed as follows:
46 34 Sec. 83. Section 522.6, subsection 5, paragraph b, Code
46 35 2015, is amended to read as follows:
47 1 b. Require that an insurer maintain a risk management
47 2 framework, conduct an own risk and solvency assessment,
47 3 and file an own risk and solvency assessment summary report
47 4 if the insurer has a risk=based capital level that is a
47 5 company=action=level event as set forth in section 521E.3 for
47 6 insurers and section 521F.4 for health organizations or that
47 7 would cause the insurer to be in hazardous financial condition
47 8 as set forth in 191 IAC ch. 110, or if the insurer otherwise
47 9 exhibits qualities of a troubled insurer as determined by the
47 10 commissioner.
47 11 Sec. 84. Section 524.541, Code 2015, is amended to read as
47 12 follows:
47 13 524.541 Lists ==== filing with superintendent.
47 14 1. Every state bank shall cause to be kept a full and
47 15 correct list of the names and addresses of the officers,
47 16 directors, and shareholders of the state bank, and the
47 17 number of shares held by each. If an affiliate, as defined
47 18 in subsection 4 of section 524.1101, subsection 4, is a
47 19 shareholder in a state bank, such list shall include the names,
47 20 addresses, and percentage of ownership or interest in the
47 21 affiliate of the shareholders, members, or other individuals
47 22 possessing a beneficial interest in said affiliate.
47 23 2. A copy of the list as of the date of the adjournment
47 24 of each annual meeting of shareholders, in the form of an
47 25 affidavit signed by the president or cashier of the state bank,
47 26 shall be transmitted to the superintendent within ten days
47 27 after such annual meeting.
47 28 Sec. 85. Section 524.1003, Code 2015, is amended to read as
47 29 follows:
47 30 524.1003 Removal of fiduciary powers.
47 31 1. a. If the superintendent at any time concludes that
47 32 a state bank authorized to act in a fiduciary capacity is
47 33 managing its accounts in an unsafe or unsound manner, or in a
47 34 manner in conflict with the provisions of this chapter, and
47 35 such state bank refuses to correct such practices upon notice
48 1 to do so, the superintendent may forthwith direct that the
48 2 state bank cease to act as a fiduciary and proceed to resign
48 3 its fiduciary positions.
48 4 b. In such event the superintendent shall cause to be filed
48 5 a petition in the district court in which the state bank has
48 6 its principal place of business setting forth in general terms
48 7 that the state bank is acting as fiduciary with respect to
48 8 certain property and that it is necessary and desirable that
48 9 successor fiduciaries be appointed. Upon the filing of the
48 10 petition the court shall enter an order requiring all persons
48 11 interested in all such fiduciary accounts to designate and
48 12 take all necessary measures to appoint a successor fiduciary
48 13 within a time to be fixed by the order, or to show cause why a
48 14 successor fiduciary should not be appointed by the court. The
48 15 court shall also direct the state bank to mail a copy of the
48 16 order to each living settlor and each person known by the state
48 17 bank to have a beneficial interest in the fiduciary accounts
48 18 with respect to which the state bank is fiduciary and with
48 19 respect to which it is being asked to resign its position.
48 20 Such notice shall be mailed to the last known address of each
48 21 such settlor and person having a beneficial interest as shown
48 22 by the records of the state bank. The court may also order
48 23 publication of such order to the extent that it deems necessary
48 24 to protect the interests of absent or remote beneficiaries.
48 25 2. In any fiduciary account where those interested therein
48 26 fail to cause a successor fiduciary to be appointed prior
48 27 to the time fixed in such order, the court shall appoint a
48 28 successor fiduciary. A successor fiduciary appointed in
48 29 accordance with the terms of this section shall succeed to all
48 30 the rights, powers, titles, duties and responsibilities of
48 31 the state bank, except that the successor fiduciary shall not
48 32 exercise powers given in the instrument creating the powers
48 33 that by its express terms are personal to the fiduciary therein
48 34 designated and except claims or liabilities arising out of the
48 35 management of the fiduciary account prior to the date of the
49 1 transfer.
49 2 Sec. 86. Section 524.1601, subsections 1, 2, and 3, Code
49 3 2015, are amended to read as follows:
49 4 1. A director, officer, or employee of a state bank or bank
49 5 holding company who willfully violates any of the provisions
49 6 of subsection 4 of section 524.612, subsection 4; section
49 7 524.613,; subsection 2 of section 524.706, subsection 2,
49 8 insofar as such subsection incorporates subsection 4 of section
49 9 524.612, subsection 4; or section 524.710, shall be guilty of a
49 10 serious misdemeanor, and, in the following circumstances, shall
49 11 pay an additional fine or fines equal to:
49 12 a. The amount of money or the value of the property which
49 13 the director, officer, or employee received for procuring,
49 14 or attempting to procure, a loan, extension of credit, or
49 15 investment by the state bank or bank holding company, upon
49 16 conviction of a violation of subsection 1 of section 524.613,
49 17 subsection 1, or of subsection 1 of section 524.710, subsection
49 18 1.
49 19 b. The amount by which the director's, officer's, or
49 20 employee's deposit account in the state bank or bank holding
49 21 company is overdrawn, upon conviction of a violation of
49 22 subsection 2 of section 524.613, subsection 2, or of subsection
49 23 2 of section 524.710, subsection 2.
49 24 c. The amount of any profit which the director, officer,
49 25 or employee receives on the transaction, upon conviction of
49 26 a violation of subsection 4 of section 524.612, subsection 4
49 27 or of subsection 2 of section 524.706, subsection 2, insofar
49 28 as each applies to purchases from and sales to a state bank
49 29 or bank holding company upon terms more favorable to such
49 30 director, officer, or employee than those offered to other
49 31 persons.
49 32 d. The amount of profit, fees, or other compensation
49 33 received, upon conviction of a violation of section 524.710,
49 34 subsection 1, paragraph "b".
49 35 2. A director or officer who willfully makes or receives
50 1 a loan in violation of subsection 1 of section 524.612,
50 2 subsection 1, or subsection 1 of section 524.706, subsection 1,
50 3 shall be guilty of a serious misdemeanor and shall be subject
50 4 to an additional fine equal to that amount of the loan in
50 5 excess of the limitation imposed by such subsections, and shall
50 6 be forever disqualified from acting as a director or officer
50 7 of any state bank or bank holding company. For the purpose
50 8 of this subsection, amounts which are treated as obligations
50 9 of an officer or director pursuant to subsection 5 of section
50 10 524.612, subsection 5, shall be considered in determining
50 11 whether the loan or extension of credit is in violation of
50 12 subsection 1 of section 524.612, subsection 1, and subsection 1
50 13 of section 524.706, subsection 1.
50 14 3. A director, officer, or employee of a state bank or
50 15 bank holding company who willfully makes or receives a loan or
50 16 extension of credit of funds held by the state bank or bank
50 17 holding company as fiduciary, in violation of subsection 4 of
50 18 section 524.1002, subsection 4, shall be guilty of a serious
50 19 misdemeanor and shall be subject to a further fine equal to the
50 20 amount of the loan or extension of credit made in violation of
50 21 subsection 4 of section 524.1002, subsection 4, and shall be
50 22 forever disqualified from acting as a director, officer, or
50 23 employee of any state bank or bank holding company.
50 24 Sec. 87. Section 535.10, subsection 3, paragraph a, Code
50 25 2015, is amended to read as follows:
50 26 a. A lender may collect in connection with establishing
50 27 or renewing a home equity line of credit the costs listed
50 28 in section 535.8, subsection 4, paragraphs paragraph "a" or
50 29 "b", charges for insurance as described in section 537.2501,
50 30 subsection 2, and a loan processing fee as agreed between
50 31 the borrower and the lender, and annually may collect an
50 32 account maintenance fee of not more than fifteen dollars.
50 33 Fees collected under this subsection shall be disregarded
50 34 for purposes of determining the maximum charge permitted by
50 35 subsection 4.
51 1 Sec. 88. Section 544A.28, Code 2015, is amended to read as
51 2 follows:
51 3 544A.28 Seal required.
51 4 1. An architect shall procure a seal with which to identify
51 5 all technical submissions issued by the architect for use in
51 6 this state. The seal shall be of a design, content, and size
51 7 designated by the board.
51 8 2. a. Technical submissions prepared by an architect, or
51 9 under an architect's direct supervision and responsible charge,
51 10 shall be stamped with the impression of the architect's seal.
51 11 The board shall designate by rule the location, frequency, and
51 12 other requirements for use of the seal. An architect shall
51 13 not impress the architect's seal on technical submissions if
51 14 the architect was not the author of the technical submissions
51 15 or if they were not prepared under the architect's direct
51 16 supervision and responsible charge. An architect who merely
51 17 reviews standardized construction documents for pre=engineered
51 18 or prototype buildings, is not the author of the technical
51 19 submissions and the technical submissions were not prepared
51 20 under a reviewing architect's responsible charge.
51 21 b. An architect shall cause those portions of technical
51 22 submissions prepared by a professional consultant to be stamped
51 23 with the impression of the seal of the professional consultant,
51 24 with a clear identification of the consultant's areas of
51 25 responsibility, signature, and date of issuance.
51 26 3. A public official charged with the enforcement of the
51 27 state building code, as adopted pursuant to section 103A.7,
51 28 or a municipal or county building code, shall not accept or
51 29 approve any technical submissions involving the practice of
51 30 architecture unless the technical submissions have been stamped
51 31 with the architect's seal as required by this section or unless
51 32 the applicant has certified on the technical submission to the
51 33 applicability of a specific exception under section 544A.18
51 34 permitting the preparation of technical submissions by a person
51 35 not registered under this chapter. A building permit issued
52 1 with respect to technical submissions which do not conform to
52 2 the requirements of this section is invalid.
52 3 Sec. 89. Section 547.1, Code 2015, is amended to read as
52 4 follows:
52 5 547.1 Use of trade name ==== verified statement required.
52 6 A person shall not engage in or conduct a business under
52 7 a trade name, or an assumed name of a character other than
52 8 the true surname of each person owning or having an interest
52 9 in the business, unless the person first records with the
52 10 county recorder of the county in which the business is to be
52 11 conducted a verified statement showing the name, post office
52 12 address, and residence address of each person owning or having
52 13 an interest in the business, and the address where the business
52 14 is to be conducted. However, this provision does not apply
52 15 to any person organized or incorporated in this state as a
52 16 domestic entity or authorized to do business in this state as a
52 17 foreign entity, if the person is a limited partnership under
52 18 chapter 488; a limited liability company under chapter 489;
52 19 a corporation under chapter 490; a limited liability company
52 20 under chapter 489; a professional corporation under chapter
52 21 496C; a cooperative or cooperative association under chapter
52 22 497, 498, 499, 501, or 501A; or a nonprofit corporation under
52 23 chapter 504.
52 24 Sec. 90. Section 554.2311, subsection 1, Code 2015, is
52 25 amended to read as follows:
52 26 1. An agreement for sale which is otherwise sufficiently
52 27 definite (subsection 3 of section 554.2204) (section 554.2204,
52 28 subsection 3) to be a contract is not made invalid by the fact
52 29 that it leaves particulars of performance to be specified by
52 30 one of the parties. Any such specification must be made in
52 31 good faith and within limits set by commercial reasonableness.
52 32 Sec. 91. Section 554.2323, subsection 2, paragraph a, Code
52 33 2015, is amended to read as follows:
52 34 a. due tender of a single part is acceptable within the
52 35 provisions of this Article on cure of improper delivery
53 1 (subsection 1 of section 554.2508) (section 554.2508,
53 2 subsection 1); and
53 3 Sec. 92. Section 554.2503, subsection 5, paragraph a, Code
53 4 2015, is amended to read as follows:
53 5 a. the seller must tender all such documents in correct
53 6 form except as provided in this Article with respect to bills
53 7 of lading in a set (subsection 2 of section 554.2323) (section
53 8 554.2323, subsection 2); and
53 9 Sec. 93. Section 554.2505, subsection 1, paragraph b, Code
53 10 2015, is amended to read as follows:
53 11 b. a nonnegotiable bill of lading to the seller or the
53 12 seller's nominee reserves possession of the goods as security,
53 13 but except in a case of conditional delivery (subsection
53 14 2 of section 554.2507) (section 554.2507, subsection 2) a
53 15 nonnegotiable bill of lading naming the buyer as consignee
53 16 reserves no security interest even though the seller retains
53 17 possession or control of the bill of lading.
53 18 Sec. 94. Section 554.2513, subsection 3, unnumbered
53 19 paragraph 1, Code 2015, is amended to read as follows:
53 20 Unless otherwise agreed and subject to the provisions of
53 21 this Article on C.I.F. contracts (subsection 3 of section
53 22 554.2321) (section 554.2321, subsection 3), the buyer is not
53 23 entitled to inspect the goods before payment of the price when
53 24 the contract provides
53 25 Sec. 95. Section 554.2602, subsection 2, paragraph b, Code
53 26 2015, is amended to read as follows:
53 27 b. if the buyer has before rejection taken physical
53 28 possession of goods in which the buyer does not have a security
53 29 interest under the provisions of this Article (subsection 3 of
53 30 section 554.2711) (section 554.2711, subsection 3), the buyer
53 31 is under a duty after rejection to hold them with reasonable
53 32 care at the seller's disposition for a time sufficient to
53 33 permit the seller to remove them; but
53 34 Sec. 96. Section 554.2603, subsection 1, Code 2015, is
53 35 amended to read as follows:
54 1 1. Subject to any security interest in the buyer (subsection
54 2 3 of section 554.2711) (section 554.2711, subsection 3), when
54 3 the seller has no agent or place of business at the market of
54 4 rejection a merchant buyer is under a duty after rejection of
54 5 goods in the merchant buyer's possession or control to follow
54 6 any reasonable instructions received from the seller with
54 7 respect to the goods and in the absence of such instructions
54 8 to make reasonable efforts to sell them for the seller's
54 9 account if they are perishable or threaten to decline in
54 10 value speedily. Instructions are not reasonable if on demand
54 11 indemnity for expenses is not forthcoming.
54 12 Sec. 97. Section 554.2606, subsection 1, paragraph b, Code
54 13 2015, is amended to read as follows:
54 14 b. fails to make an effective rejection (subsection 1 of
54 15 section 554.2602) (section 554.2602, subsection 1), but such
54 16 acceptance does not occur until the buyer has had a reasonable
54 17 opportunity to inspect them; or
54 18 Sec. 98. Section 554.2607, subsection 3, paragraph b, Code
54 19 2015, is amended to read as follows:
54 20 b. if the claim is one for infringement or the like
54 21 (subsection 3 of section 554.2312) (section 554.2312,
54 22 subsection 3) and the buyer is sued as a result of such a
54 23 breach the buyer must so notify the seller within a reasonable
54 24 time after the buyer receives notice of the litigation or be
54 25 barred from any remedy over for liability established by the
54 26 litigation.
54 27 Sec. 99. Section 554.2607, subsection 5, paragraph b, Code
54 28 2015, is amended to read as follows:
54 29 b. if the claim is one for infringement or the like
54 30 (subsection 3 of section 554.2312) (section 554.2312,
54 31 subsection 3) the original seller may demand in writing that
54 32 the seller's buyer turn over to the seller control of the
54 33 litigation including settlement or else be barred from any
54 34 remedy over and if the seller also agrees to bear all expense
54 35 and to satisfy any adverse judgment, then unless the buyer
55 1 after seasonable receipt of the demand does turn over control
55 2 the buyer is so barred.
55 3 Sec. 100. Section 554.2607, subsection 6, Code 2015, is
55 4 amended to read as follows:
55 5 6. The provisions of subsections 3, 4 and 5 apply to any
55 6 obligation of a buyer to hold the seller harmless against
55 7 infringement or the like (subsection 3 of section 554.2312)
55 8 (section 554.2312, subsection 3).
55 9 Sec. 101. Section 554.2706, subsection 6, Code 2015, is
55 10 amended to read as follows:
55 11 6. The seller is not accountable to the buyer for any profit
55 12 made on any resale. A person in the position of a seller
55 13 (section 554.2707) or a buyer who has rightfully rejected or
55 14 justifiably revoked acceptance must account for any excess over
55 15 the amount of that person's security interest, as hereinafter
55 16 defined (subsection 3 of section 554.2711) (section 554.2711,
55 17 subsection 3).
55 18 Sec. 102. Section 554.2714, subsection 1, Code 2015, is
55 19 amended to read as follows:
55 20 1. Where the buyer has accepted goods and given notification
55 21 (subsection 3 of section 554.2607) (section 554.2607,
55 22 subsection 3) the buyer may recover as damages for any
55 23 nonconformity of tender the loss resulting in the ordinary
55 24 course of events from the seller's breach as determined in any
55 25 manner which is reasonable.
55 26 Sec. 103. Section 554.3501, subsection 2, paragraph d, Code
55 27 2015, is amended to read as follows:
55 28 d. The party to whom presentment is made may treat
55 29 presentment as occurring on the next business day after the day
55 30 of presentment if the party to whom presentment is made has
55 31 established a cut=off hour not earlier than two 2:00 p.m. for
55 32 the receipt and processing of instruments presented for payment
55 33 or acceptance and presentment is made after the cut=off hour.
55 34 Sec. 104. Section 554.10103, Code 2015, is amended to read
55 35 as follows:
56 1 554.10103 General repealer.
56 2 Except as provided in section 554.7103, all acts Acts and
56 3 parts of acts Acts inconsistent with this chapter are hereby
56 4 repealed.
56 5 Sec. 105. Section 558.44, Code 2015, is amended to read as
56 6 follows:
56 7 558.44 Mandatory recordation of conveyances and leases of
56 8 agricultural land.
56 9 1. Every conveyance or lease of agricultural land,
56 10 except leases not to exceed five years in duration with
56 11 renewals, conveyances or leases made by operation of law, and
56 12 distributions made from estates to heirs or devisees shall be
56 13 recorded by the grantee or lessee with the county recorder not
56 14 later than one hundred eighty days after the date of conveyance
56 15 or lease.
56 16 2. For an instrument of conveyance of agricultural land
56 17 deposited with an escrow agent, the fact of deposit of that
56 18 instrument of conveyance with the escrow agent as well as the
56 19 name and address of the grantor and grantee shall be recorded,
56 20 by a document executed by the escrow agent, with the county
56 21 recorder not later than one hundred eighty days from the date
56 22 of the deposit with the escrow agent. For an instrument of
56 23 conveyance of agricultural land delivered by an escrow agent,
56 24 that instrument shall be recorded with the county recorder not
56 25 later than one hundred eighty days from the date of delivery of
56 26 the instrument of conveyance by the escrow agent.
56 27 3. At the time of recordation of the conveyance or lease of
56 28 agricultural land, except a lease not exceeding five years in
56 29 duration with renewals, conveyances or leases made by operation
56 30 of law and distributions made from estates of decedents to
56 31 heirs or devisees, to a nonresident alien as grantee or lessee,
56 32 such conveyance or lease shall disclose, in an affidavit to
56 33 be recorded therewith as a precondition to recordation, the
56 34 name, address, and citizenship of the nonresident alien. In
56 35 addition, if the nonresident alien is a partnership, limited
57 1 partnership, corporation or trust, the affidavit shall
57 2 also disclose the names, addresses, and citizenship of the
57 3 nonresident alien individuals who are the beneficial owners of
57 4 such entities. However, any partnership, limited partnership,
57 5 corporation, or trust which has a class of equity securities
57 6 registered with the United States securities and exchange
57 7 commission under section 12 of the Securities Exchange Act of
57 8 1934 as amended to January 1, 1978, need only state that fact
57 9 on the affidavit.
57 10 4. Failure to record a conveyance or lease of agricultural
57 11 land required to be recorded by this section by the grantee
57 12 or lessee within the specified time limit is punishable by a
57 13 fine not to exceed one hundred dollars per day for each day of
57 14 violation. The county recorder shall record a conveyance or
57 15 lease of agricultural land presented for recording even though
57 16 not presented within one hundred eighty days after the date
57 17 of conveyance or lease. The county recorder shall forward to
57 18 the county attorney a copy of each such conveyance or lease
57 19 of agricultural land recorded more than one hundred eighty
57 20 days from the date of conveyance. The county attorney shall
57 21 initiate action in the district court to enforce the provisions
57 22 of this section. Failure to timely record shall not invalidate
57 23 an otherwise valid conveyance or lease.
57 24 5. If a real estate contract or lease is required to be
57 25 recorded under this section, the requirement is satisfied by
57 26 recording either the entire real estate contract or lease or
57 27 a memorandum of the contract or lease containing at least the
57 28 names and addresses of all parties named in the contract or
57 29 lease, a description of all real property and interests therein
57 30 subject to the contract or lease, the length of the contract
57 31 or initial term of the lease, and in the case of a lease a
57 32 statement as to whether any of the named parties have or are
57 33 subject to renewal rights, and if so, the event or condition
57 34 upon which renewal occurs, the number of renewal terms and the
57 35 length of each, and in the case of a real estate contract a
58 1 statement as to whether the seller is entitled to the remedy
58 2 of forfeiture and as to the dates upon which payments are due.
58 3 This unnumbered paragraph subsection is effective July 1, 1980,
58 4 for all contracts and leases of agricultural land made on or
58 5 after July 1, 1980.
58 6 6. The provisions of this section except as otherwise
58 7 provided, are effective July 1, 1979, for all conveyances and
58 8 leases of agricultural land made on or after July 1, 1979.
58 9 Sec. 106. Section 602.1206, subsection 2, Code 2015, is
58 10 amended to read as follows:
58 11 2. Supreme court rules shall be published as provided in
58 12 section 2B.5 2B.5B.
58 13 Sec. 107. Section 602.4201, subsection 2, Code 2015, is
58 14 amended to read as follows:
58 15 2. Rules of appellate procedure relating to appeals to and
58 16 review by the supreme court, discretionary review by the courts
58 17 of small claims actions, review by the supreme court by writ of
58 18 certiorari to inferior courts, appeal to or review by the court
58 19 of appeals of a matter transferred to that court by the supreme
58 20 court, and further review by the supreme court of decisions of
58 21 the court of appeals, shall be known as "Rules of Appellate
58 22 Procedure", and shall be published as provided in section 2B.5
58 23 2B.5B.
58 24 Sec. 108. Section 602.9115A, Code 2015, is amended to read
58 25 as follows:
58 26 602.9115A Optional annuity for judge and survivor.
58 27 1. In lieu of the annuities and refunds provided for judges
58 28 and judges' survivors under sections 602.9107, 602.9108,
58 29 602.9115, 602.9204, 602.9208, and 602.9209, judges may
58 30 elect to receive an optional retirement annuity during the
58 31 judge's lifetime and have the optional retirement annuity,
58 32 or a designated fraction of the optional retirement annuity,
58 33 continued and paid to the judge's survivor after the judge's
58 34 death and during the lifetime of the survivor.
58 35 2. The judge shall make the election request in writing
59 1 to the state court administrator prior to retirement. The
59 2 election is subject to the approval of the state court
59 3 administrator. The judge may revoke the election prior to
59 4 retirement by written request to the state court administrator,
59 5 but cannot revoke the election after retirement.
59 6 3. The optional retirement annuity shall be the actuarial
59 7 equivalent of the amounts of the annuities payable to judges
59 8 and survivors under sections 602.9107, 602.9115, 602.9204,
59 9 602.9208, and 602.9209. The actuarial equivalent shall be
59 10 based on the mortality and interest assumptions set out in
59 11 section 602.9107, subsection 3.
59 12 4. a. If the judge dies without a survivor, prior to
59 13 retirement or prior to receipt in annuities of an amount equal
59 14 to the total amount remaining to the judge's credit at the time
59 15 of separation from service, the election is null and void and
59 16 the refunding provisions of section 602.9108 apply.
59 17 b. If the judge dies with a survivor prior to retirement,
59 18 the election remains valid and the survivor is entitled to
59 19 receive the annuity beginning at the death of the judge.
59 20 c. If the judge dies with a survivor and the survivor
59 21 subsequently dies prior to receipt in annuities by both the
59 22 judge and the survivor of an amount equal to the total amount
59 23 remaining to the judge's credit at the time of separation from
59 24 service, the election remains valid and the refunding provision
59 25 of section 602.9115 applies.
59 26 Sec. 109. Section 626.80, Code 2015, is amended to read as
59 27 follows:
59 28 626.80 Time and manner.
59 29 1. The sale must be at public auction, between nine o'clock
59 30 in the forenoon 9:00 a.m. and four o'clock in the afternoon
59 31 4:00 p.m., and the hour of the commencement of the sale must be
59 32 fixed in the notice.
59 33 2. The sheriff shall receive and give a receipt for a sealed
59 34 written bid submitted prior to the public auction. The sheriff
59 35 may require all sealed written bids to be accompanied by
60 1 payment of any fees required to be paid at the public auction
60 2 by the purchaser, to be returned if the person submitting
60 3 the sealed written bid is not the purchaser. The sheriff
60 4 shall keep all written bids sealed until the commencement of
60 5 the public auction, at which time the sheriff shall open and
60 6 announce the written bids as though made in person. A party
60 7 who has appeared in the foreclosure may submit a written bid,
60 8 which shall include a facsimile number or electronic mail
60 9 address where the party can be notified of the results of the
60 10 sale. If a party submitting a winning written bid does not pay
60 11 the amount of the bid in certified funds in the manner in which
60 12 the sheriff in the notice directs, such bid shall be deemed
60 13 canceled and the sheriff shall certify the next highest bidder
60 14 as the successful bidder of the sale either within twenty=four
60 15 hours for an electronic funds transfer or forty=eight hours
60 16 otherwise, of notification of the sale results. A sheriff may
60 17 refuse to accept written bids from a bidder other than the
60 18 judgment creditor if the bidder or the bidder's agent in the
60 19 action has demonstrated a pattern of nonpayment on previously
60 20 accepted bids.
60 21 Sec. 110. Section 626.84, Code 2015, is amended to read as
60 22 follows:
60 23 626.84 Plan of division of land.
60 24 At any time before nine o'clock 9:00 a.m. of the day of the
60 25 sale, the debtor may deliver to the officer a plan of division
60 26 of the land levied on, subscribed by the debtor, and in that
60 27 case the officer shall sell, according to said plan, so much
60 28 of the land as may be necessary to satisfy the debt and costs,
60 29 and no more. If no such plan is furnished, the officer may sell
60 30 without any division.
60 31 Sec. 111. Section 633.517, subsection 1, Code 2015, is
60 32 amended to read as follows:
60 33 1. A written finding of presumed death, made by the
60 34 secretary of defense, or other officer or employee of the
60 35 United States authorized to make such finding, pursuant to the
61 1 federal Missing Persons Act, 56 Stat. 143, 1092, and P.L. Pub.
61 2 L. No. 408, Ch. 371, 2d Session 78th Congress codified at 10
61 3 U.S.C. {1501 et seq., as now or hereafter amended, or a duly
61 4 certified copy of such a finding, shall be received in any
61 5 court, office, or other place in this state, as evidence of the
61 6 death of the person therein found to be dead, and of the date,
61 7 circumstances, and place of the disappearance.
61 8 Sec. 112. Section 633B.204, subsection 3, Code 2015, is
61 9 amended to read as follows:
61 10 3. Pledge or mortgage an interest in real property or a
61 11 right incident to real property as security to borrow money
61 12 or pay, renew, or extend the time of payment of a debt of the
61 13 principal or a debt guaranteed by the principal.
61 14 Sec. 113. Section 633B.210, subsection 1, Code 2015, is
61 15 amended to read as follows:
61 16 1. Continue, pay the premium or make a contribution on, or
61 17 modify, exchange, rescind, release, or terminate a contract
61 18 procured by or on behalf of the principal which insures or
61 19 provides an annuity to either the principal or another person
61 20 whether or not the principal is a beneficiary under the
61 21 contract.
61 22 Sec. 114. Section 633B.302, Code 2015, is amended to read
61 23 as follows:
61 24 633B.302 Agent's certification ==== optional form.
61 25 The following optional form may be used by an agent to
61 26 certify facts concerning a power of attorney:
61 27 IOWA STATUTORY POWER OF ATTORNEY AGENT'S CERTIFICATION FORM
61 28 AGENT'S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND
61 29 AGENT'S AUTHORITY
61 30 State of _________________________
61 31 County of ______________________
61 32 I, ______________________________ (name of agent), certify
61 33 under penalty of perjury that ______________________________
61 34 (name of principal) granted me authority as an agent
61 35 or successor agent in a power of attorney dated
62 1 _____________________.
62 2 I further certify all of the following to my knowledge:
62 3 The principal is alive and has not revoked the power of
62 4 attorney or the Power power of Attorney attorney and my
62 5 authority to act under the Power power of Attorney attorney
62 6 have not terminated.
62 7 If the power of attorney was drafted to become effective
62 8 upon the happening of an event or contingency, the event or
62 9 contingency has occurred.
62 10 If I was named as a successor agent, the prior agent is no
62 11 longer able or willing to serve.
62 12 __________________________________________________________
62 13 __________________________________________________________
62 14 __________________________________________________________.
62 15 (Insert other relevant statements)
62 16 SIGNATURE AND ACKNOWLEDGMENT
62 17 _____________________________ _________________________
62 18 Agent's Signature Date
62 19 _____________________________
62 20 Agent's Name Printed
62 21 _____________________________
62 22 _____________________________
62 23 Agent's Address
62 24 _____________________________
62 25 Agent's Telephone Number
62 26 This document was acknowledged before me on _______________
62 27 (date), by __________________________ (name of agent)
62 28 _____________________________ (Seal, if any)
62 29 Signature of Notary
62 30 My commission expires ________________
62 31 This document prepared by
62 32 ___________________________________________________________
62 33 ___________________________________________________________
62 34 Sec. 115. Section 673.3, Code 2015, is amended to read as
62 35 follows:
63 1 673.3 Notice required.
63 2 1. A domesticated animal professional shall post and
63 3 maintain a sign on real property in which the professional
63 4 holds an interest, if the professional conducts domesticated
63 5 animal activities on the property. The location of the
63 6 sign may be near or on a stable, corral, or arena owned or
63 7 controlled by the domesticated animal professional. The sign
63 8 must be clearly visible to a participant. This section does
63 9 not require a sign to be posted on a domesticated animal or a
63 10 vehicle powered by a domesticated animal. The notice shall
63 11 appear in black letters a minimum of one inch high and in the
63 12 following form:
63 13 WARNING
63 14 Under Iowa law, a domesticated animal professional is not
63 15 liable for damages suffered by, an injury to, or the death of a
63 16 participant resulting from the inherent risks of domesticated
63 17 animal activities, pursuant to Iowa Code chapter 673. You are
63 18 assuming inherent risks of participating in this domesticated
63 19 animal activity.
63 20 2. If a written contract is executed between a domesticated
63 21 animal professional and a participant involving domesticated
63 22 animal activities, the contract shall contain the same notice
63 23 in clearly readable print. In addition, the contract shall
63 24 include the following disclaimer:
63 25 A number of inherent risks are associated with a domesticated
63 26 animal activity. A domesticated animal may behave in a manner
63 27 that results in damages to property or an injury or death
63 28 to a person. Risks associated with the activity may include
63 29 injuries caused by bucking, biting, stumbling, rearing,
63 30 trampling, scratching, pecking, falling, or butting.
63 31 The domesticated animal may react unpredictably to
63 32 conditions, including, but not limited to, a sudden movement,
63 33 loud noise, an unfamiliar environment, or the introduction of
63 34 unfamiliar persons, animals, or objects.
63 35 The domesticated animal may also react in a dangerous manner
64 1 when a condition or treatment is considered hazardous to the
64 2 welfare of the animal; a collision occurs with an object or
64 3 animal; or a participant fails to exercise reasonable care,
64 4 take adequate precautions, or use adequate control when
64 5 engaging in a domesticated animal activity, including failing
64 6 to maintain reasonable control of the animal or failing to act
64 7 in a manner consistent with the person's abilities.
64 8 Sec. 116. Section 714.16, subsection 5, paragraph c, Code
64 9 2015, is amended to read as follows:
64 10 c. As to any person other than a natural person, in the
64 11 manner provided in the Rules rules of Civil Procedure civil
64 12 procedure as if a petition had been filed; or
64 13 DIVISION II
64 14 CODE EDITOR DIRECTIVES
64 15 Sec. 117. CODE EDITOR DIRECTIVES.
64 16 1. Sections 159.23 and 669.12, Code 2015, are amended
64 17 by striking the words "director of management" and inserting
64 18 in lieu thereof the words "director of the department of
64 19 management".
64 20 2. Sections 8.6, subsection 6; 12.26, subsections 2 and 3;
64 21 88.2, subsection 5; 99G.39, subsection 2; 234.6, subsection 3;
64 22 456A.19, subsection 2; 602.1301, subsection 2, paragraph "a",
64 23 unnumbered paragraph 1; and 602.1301, subsection 2, paragraph
64 24 "b", Code 2015, are amended by striking the words "director of
64 25 management" and inserting in lieu thereof the words "director
64 26 of the department of management".
64 27 3. Sections 147A.1, subsection 9; and 147A.17, subsection
64 28 1, Code 2015, are amended by striking the words "north central
64 29 association of colleges and schools" and inserting in lieu
64 30 thereof the words "higher learning commission".
64 31 4. Sections 28J.27 and 321H.1, Code 2015, are amended
64 32 by striking the words "director of the state department
64 33 of transportation" and inserting in lieu thereof the words
64 34 "director of transportation".
64 35 5. Sections 225B.4, subsection 1, paragraph "e"; 321.1,
65 1 subsection 20; and 602.8102, subsection 53, Code 2015, are
65 2 amended by striking the words "director of the state department
65 3 of transportation" and inserting in lieu thereof the words
65 4 "director of transportation".
65 5 6. Sections 6B.2A, subsection 4; 423B.1, subsection
65 6 6, paragraph "b"; 423B.3, unnumbered paragraph 2; 423B.4,
65 7 subsection 2; and 466B.3, subsection 4, paragraph "h", Code
65 8 2015, are amended by striking the words "director of the
65 9 department of transportation" and inserting in lieu thereof the
65 10 words "director of transportation".
65 11 7. Section 148C.8, Code 2015, is amended by striking the
65 12 words "physician's assistant" and inserting in lieu thereof the
65 13 words "physician assistant".
65 14 8. Sections 280.16, subsection 1, paragraph "b"; 321.375,
65 15 subsection 1, paragraph "d"; 321.376, subsection 1; and
65 16 321L.2A, subsection 1, paragraph "e", Code 2015, are amended
65 17 by striking the words "physician's assistant" and inserting in
65 18 lieu thereof the words "physician assistant".
65 19 9. The Code editor is directed to number unnumbered
65 20 paragraphs within sections 299.5A, 425.2, 425.3, 426A.13,
65 21 426A.14, 453B.10, 453B.12, 499.27, 524.607, 543B.16, 602.9115,
65 22 and 669.4, Code 2015, in accordance with established Code
65 23 section hierarchy and correct internal references in the Code
65 24 and in any enacted Iowa Acts, as necessary.
65 25 EXPLANATION
65 26 The inclusion of this explanation does not constitute agreement with
65 27 the explanation's substance by the members of the general assembly.
65 28 This bill makes Code changes and corrections that are
65 29 considered to be nonsubstantive and noncontroversial, in
65 30 addition to style changes. Changes made include updating
65 31 or correcting names of and references to public and private
65 32 entities and positions, standardizing references to time
65 33 of day, corrections to citation form in federal Acts and
65 34 United States Code references, changes to internal Code
65 35 section reference format, correcting citations to the Iowa
66 1 Administrative Code, correcting terminology, spelling,
66 2 capitalization, punctuation, and grammar, and numbering,
66 3 renumbering, and reorganizing various provisions to eliminate
66 4 unnumbered paragraphs and to facilitate citation. The Code
66 5 sections in which the technical, grammatical, and other
66 6 nonsubstantive changes are made include the following:
66 7 DIVISION I. Code section 1D.1: Changes expressions of
66 8 time to numeric expressions and adds the word "England" after
66 9 the word "Greenwich" to specify the country in which the town
66 10 of Greenwich is located in language relating to standard and
66 11 daylight savings time.
66 12 Code section 10.1: Removes a pair of parentheses from around
66 13 the letter "j" to correct the form of citation to a provision
66 14 within the United States Code in a definition of cooperative
66 15 association.
66 16 Code section 13B.4B: Changes the word "in" to "under"
66 17 to conform to the style of the language used to refer to
66 18 the content of Code sections regarding confidentiality of
66 19 information to the style used elsewhere in the Code to refer
66 20 to other Code section content.
66 21 Code section 15.329: Moves the sentence's object "the
66 22 project" so that it immediately succeeds the verb "has
66 23 approved" to improve the readability of this provision
66 24 relating to approval of certain capital investment projects for
66 25 financial assistance under the high quality jobs program.
66 26 Code section 16.49: Changes the word "institution" to the
66 27 plural "institutions" in language relating to the standard of
66 28 care required for the collective institutions which provide
66 29 psychiatric medical care for children.
66 30 Code section 29B.26: Numbers and letters the unnumbered
66 31 paragraphs in this provision describing who may serve on
66 32 courts=martial for the state military forces.
66 33 Code section 29C.2: Hyphenates the phrase "public
66 34 safety=related information" in a definition of the term "mass
66 35 notification and emergency messaging system" to match other
67 1 uses of the phrase elsewhere in this Code chapter pertaining to
67 2 emergency management and security.
67 3 Code section 35B.6: Improves the grammar of the language
67 4 relating to selection of chairperson of a county commission on
67 5 veteran affairs.
67 6 Code section 35B.7: Replaces the pronoun "it" with the
67 7 words "the commission" in language relating to activities of
67 8 county commissions on veteran affairs at monthly meetings which
67 9 language also mentions the board of supervisors.
67 10 Code section 54.5: Changes expressions of time to numeric
67 11 expressions and numbers and letters paragraphs in this
67 12 provision regarding presidential nominees.
67 13 Code section 57.6: Adds in a numeric citation after a
67 14 reference by name to the Code chapter relating to contesting
67 15 elections to facilitate hypertext linkage.
67 16 Code section 96.7: Letters unnumbered paragraphs to
67 17 facilitate citation to provisions relating to unemployment
67 18 compensation hearings.
67 19 Code section 96.11: Deletes a comma to correct the grammar
67 20 of a provision relating to subpoenas issued by the department
67 21 of workforce development.
67 22 Code sections 97B.53, 97B.68, 97C.14, 161A.3, 509.4,
67 23 515A.4, 515A.8, 517.1, 524.1601, 554.2311, 554.2323, 554.2503,
67 24 554.2505, 554.2513, 554.2602, 554.2603, 554.2606, 554.2607,
67 25 554.2706, and 554.2714: Changes the numeric order of internal
67 26 references to various Code provisions within these provisions
67 27 to allow for automated hypertext linkage to those internal
67 28 references in electronic Code publications.
67 29 Code section 97C.2: Replaces parentheses with commas to
67 30 conform the style of two definitions to current Code style.
67 31 Code section 97C.20: Numbers unnumbered paragraphs and
67 32 updates the style of the citation to a provision within the
67 33 federal Social Security Act in this provision within the Code
67 34 chapter enabling implementation of the federal Social Security
67 35 Act in this state.
68 1 Code section 99D.6: Moves language, numbers paragraphs, and
68 2 updates the subsection headnote to this provision relating to
68 3 the members and employees of the racing and gaming commission.
68 4 Code section 99D.9B: Adds a comma to set off a clause and
68 5 strikes the redundant word "however" in language relating to
68 6 distribution of funds by the racing and gaming commission.
68 7 Code section 101A.7: Uses the plural of the word "explosive"
68 8 in language describing the inspection of facilities used to
68 9 store explosives.
68 10 Code section 124D.2: Adds the word "by" to complete the
68 11 parallel construction of phrases that indicate who has been
68 12 designated as a "primary caregiver" within a definition of
68 13 that term in the Code chapter relating to medical use of
68 14 cannabidiol.
68 15 Code section 124D.4: Changes the word "photo" to
68 16 "photograph" in language describing the means of identification
68 17 of patients and primary caregivers in the Code chapter relating
68 18 to medical use of cannabidiol to conform to other usage
68 19 throughout the Code.
68 20 Code section 135C.9: Replaces parentheses with a comma
68 21 within citations to the United States Social Security Act in
68 22 language relating to inspection of health care facilities.
68 23 Code section 135C.36: Updates the citation form to Iowa
68 24 administrative rules and to federal regulations to allow for
68 25 automated hypertext linkage in a provision regarding penalties
68 26 applicable to deficient practices identified in inspections of
68 27 health care facilities.
68 28 Code section 135L.3: Changes an expression of time to a
68 29 numeric expression in this provision relating to a notification
68 30 that must be sent to a parent of a minor prior to the minor
68 31 having an abortion.
68 32 Code section 163.11: Numbers unnumbered paragraphs, updates
68 33 the style, and corrects an internal reference based on the
68 34 numbering of the paragraphs in this provision relating to
68 35 importing animals into Iowa.
69 1 Code section 185C.26: Changes the words "for the purpose of
69 2 carrying" to "to carry" to remove a redundancy and to conform
69 3 the style of language regarding deposit of moneys by the corn
69 4 promotion board to other similar language in the Code.
69 5 Code section 190.11: Adds a colon, removes quotation marks,
69 6 and moves to a new line model text that must be added to a sign
69 7 that identifies where certain artificially sweetened products
69 8 are displayed or offered, to set off the sign text as a form
69 9 from the rest of the Code section requirements.
69 10 Code section 206.2: Changes "man" to "humans" to make the
69 11 definition of the term "hazard" within the pesticides Code
69 12 chapter gender neutral.
69 13 Code section 207.4: Replaces the word "it" with the words
69 14 "of the permit" to clarify language relating to the timing of a
69 15 termination of a permit for coal mining.
69 16 Code section 225C.47: Adds the missing word "of" in a
69 17 paragraph that precedes a listing of all of the conditions that
69 18 determine eligibility for the comprehensive family support
69 19 program.
69 20 Code section 232.119: Changes the word "photo" to
69 21 "photograph" in language relating to placement of information
69 22 regarding a child on the Iowa adoption exchange to conform to
69 23 usage elsewhere in the Code.
69 24 Code section 235A.17: Numbers paragraphs and sets out in a
69 25 numbered list the related information that a subject of a child
69 26 abuse report may redisseminate to certain persons if the person
69 27 has received the information from the department of human
69 28 services or other official source.
69 29 Code section 235B.19: Changes an expression of time to a
69 30 numeric expression in language relating to emergency orders for
69 31 removal of or other protective services for a dependent adult.
69 32 Code section 235F.6: Adds the word "into" after the word
69 33 "entered" to improve the grammar of language relating to court
69 34 approval of a consent agreement entered into to cause the
69 35 cessation of elder abuse.
70 1 Code section 237.14: Changes the word "which" to "that" to
70 2 improve the readability of language relating to enhanced foster
70 3 care services.
70 4 Code section 260C.48: Strikes a comma before the word
70 5 "and" to improve the punctuation in language regarding
70 6 quality assurance standards for community college faculty and
70 7 professional development.
70 8 Code section 261B.11B: Replaces a Code chapter
70 9 self=reference with a reference to "this chapter" in this
70 10 provision regarding voluntary registration of postsecondary
70 11 schools with the college student aid commission.
70 12 Code section 263.6: Replaces a reference to "such
70 13 institute" with the name of the institute of child behavior and
70 14 development in language regarding the management and control
70 15 of that institute.
70 16 Code sections 280.17, 455D.16, 514G.105, and 522.6:
70 17 Corrects the form of citations to entire chapters of the Iowa
70 18 administrative code by adding "ch." to conform the citations
70 19 to other citations to Iowa administrative code chapters and
70 20 to facilitate hypertext linkage to the administrative code
70 21 chapters.
70 22 Code section 284.15: Changes "initial teacher mentoring
70 23 and induction program" to "beginning teacher mentoring and
70 24 induction program" to match the name given to the program under
70 25 Code section 284.5.
70 26 Code section 310.27: Numbers unnumbered paragraphs to
70 27 facilitate citation and adds the words "department of" to
70 28 conform terminology used to refer to the person who holds the
70 29 top administrative position in the department of management
70 30 with the majority of other references to that position
70 31 elsewhere in the Code. This same terminology change is made in
70 32 a number of other Code sections in division II of the bill.
70 33 Code section 328.1: Replaces parentheses with a comma to
70 34 update the style of a definition pertaining to operation of
70 35 aircraft.
71 1 Code section 358.22: Numbers unnumbered paragraphs to
71 2 facilitate citation and corrects internal references based on
71 3 the numbering in this provision relating to special assessments
71 4 and connection fees in sanitary districts.
71 5 Code section 403.6: Strikes an extra "and" in a series
71 6 describing the powers of a municipality.
71 7 Code section 403A.3: Replaces parentheses with commas and
71 8 adds commas to series to update the style and improve the
71 9 punctuation in this provision relating to the powers of a
71 10 municipality regarding municipal housing projects.
71 11 Code section 422.12: Adds the word "member" after the
71 12 plural term "emergency medical services personnel" and improves
71 13 paragraph references in language that describes credits given
71 14 to an individual taxpayer for voluntary services rendered.
71 15 Code section 422.17: Replaces "of that section" with a
71 16 reference to Code section "422.16" and changes the numeric
71 17 order of another reference to Code section 422.16, subsection
71 18 12, to facilitate automated hypertext linkage with that Code
71 19 section and subsection.
71 20 Code section 423.1: Renumbers the definition of "receive"
71 21 and "receipt" to eliminate an unnumbered paragraph that appears
71 22 at the end of the definition and to facilitate citation.
71 23 Code section 423.29: Numbers unnumbered paragraphs to
71 24 facilitate citation and corrects an internal reference to a
71 25 paragraph which is numbered in this provision relating to
71 26 collection of sales tax by retailers.
71 27 Code section 423.32: Renumbers to eliminate an initial
71 28 unnumbered paragraph and to facilitate citation in language
71 29 relating to remittance of use tax by retailers.
71 30 Code section 423D.4: Numbers unnumbered paragraphs to
71 31 facilitate citation and corrects an internal reference in this
71 32 provision regarding administration of excise taxes on sales and
71 33 use of equipment.
71 34 Code section 427.1: Changes the word "photo" to
71 35 "photograph" in language relating to applications for exemption
72 1 of certain property that is used as a natural conservation or
72 2 wildlife area from property tax to conform to usage elsewhere
72 3 in Code.
72 4 Code section 452A.65: Numbers unnumbered paragraphs to
72 5 facilitate citation and corrects internal references based
72 6 on the numbering in this provision relating to liability for
72 7 payment, penalties that attach to failure to pay, and refunds
72 8 for fuel taxes.
72 9 Code section 476.53: Renumbers to eliminate an unnumbered
72 10 paragraph and facilitate citation and corrects an internal
72 11 reference in language relating to construction or significant
72 12 alteration of electric power generating facilities.
72 13 Code section 480.1: Letters unnumbered paragraphs to
72 14 facilitate citation in a subsection containing a definition of
72 15 the term "excavation".
72 16 Code section 491.3: Replaces a dash with a comma to conform
72 17 punctuation to current style in language relating to powers of
72 18 business and professional corporations.
72 19 Code section 491.20: Numbers and letters unnumbered
72 20 paragraphs to facilitate citation and updates a reference to
72 21 Code section 491.25 by replacing "said section" with "section
72 22 491.25" in language relating to amendments to articles of
72 23 incorporation of business and professional corporations.
72 24 Code section 491.25: Numbers unnumbered paragraphs to
72 25 facilitate citation and replaces the word "such" with the
72 26 word "the" to update the style of this provision pertaining
72 27 to renewals of existence of business and professional
72 28 corporations.
72 29 Code section 499.9: Numbers and letters unnumbered
72 30 paragraphs to facilitate citation in this provision relating to
72 31 contracts by cooperative associations.
72 32 Code section 499B.7: Adds commas to series to improve
72 33 punctuation in this provision relating to instruments
72 34 conveying, encumbering, alienating, devising, or imposing a
72 35 lien on property which is part of a horizontal property regime.
73 1 Code section 499B.15: Adds a semicolon to one series and
73 2 a comma to another to improve the punctuation in language
73 3 describing the content of bylaws for horizontal property
73 4 regimes.
73 5 Code section 507B.5: Strikes commas that currently separate
73 6 an essential clause from the balance of language describing
73 7 certain improper insurance trade practices.
73 8 Code section 507C.4: Changes "action" to "actions" in
73 9 language describing venue for legal proceedings authorized
73 10 under the Code chapter pertaining to insurer supervision,
73 11 rehabilitation, and liquidation.
73 12 Code section 508.38: Replaces parentheses with commas in
73 13 language describing minimum forfeiture amounts in deferred
73 14 annuities prior to commencement of any annuity payments.
73 15 Code section 514.4: Numbers and letters unnumbered
73 16 paragraphs to facilitate citation to this provision regarding
73 17 directors of hospital, medical service, dental service, or
73 18 pharmaceutical or optometric service corporations.
73 19 Code section 515.109: Letters the first and last unnumbered
73 20 paragraphs in this subsection containing the standard fire
73 21 insurance policy form to better separate and distinguish the
73 22 Code section text from the text of the form.
73 23 Code section 524.541: Changes the numeric order of an
73 24 internal reference to permit automated hypertext linkage and
73 25 numbers unnumbered paragraphs to facilitate citation in this
73 26 provision relating to lists that are maintained and filed by
73 27 state banks with the superintendent of banking.
73 28 Code section 524.1003: Numbers and letters unnumbered
73 29 paragraphs to facilitate citation to this provision relating
73 30 to removal of fiduciary powers from a state bank by the
73 31 superintendent of banking or the court.
73 32 Code section 535.10: Changes "paragraphs" to "paragraph"
73 33 to correspond with the use of the word "or" in an internal
73 34 reference in language relating to costs, charges, and fees that
73 35 may be collected by a lender in a home equity line of credit.
74 1 Code section 544A.28: Numbers and letters unnumbered
74 2 paragraphs to facilitate citation to this provision relating to
74 3 architects seals.
74 4 Code section 547.1: Moves language to place Code chapter
74 5 references in Code chapter order in this provision relating to
74 6 use of a trade name.
74 7 Code section 554.3501: Changes an expression of time to
74 8 a numeric expression in language relating to presentment of
74 9 financial instruments.
74 10 Code section 554.10103: Capitalizes the word "Acts" in two
74 11 places in which Acts of the general assembly are referenced in
74 12 this provision repealing legislation which is inconsistent with
74 13 the enactment of revisions to Code chapter 554, which contains
74 14 the uniform commercial code.
74 15 Code section 558.44: Numbers paragraphs to facilitate
74 16 citation and corrects an internal reference in this provision
74 17 relating to mandatory recordation of conveyances and leases of
74 18 agricultural land.
74 19 Code sections 602.1206 and 602.4201: Changes an incorrect
74 20 reference to Code section 2B.5 to a correct reference to
74 21 Code section 2B.5B in language directing the reader to the
74 22 publication requirements for Iowa court rules. Currently, Code
74 23 section 2B.5 directs the reader to Code section 2B.5B for the
74 24 publication requirements.
74 25 Code section 602.9115A: Numbers and letters paragraphs to
74 26 facilitate citation to this provision relating to optional
74 27 retirement annuities for judges and judges' survivors.
74 28 Code section 626.80: Changes an expression of time to
74 29 a numeric expression and numbers unnumbered paragraphs to
74 30 facilitate citation in language relating to sale of property as
74 31 a result of an execution and levy upon the property.
74 32 Code section 626.84: Changes an expression of time to a
74 33 numeric expression in language relating to a plan of division
74 34 of land which is to be sold to satisfy an execution.
74 35 Code section 633.517: Conforms the form of citation to
75 1 a federal public law regarding missing persons to conform to
75 2 current style.
75 3 Code section 633B.204: Adds the word "a" to improve the
75 4 readability of language relating to the authority granted to an
75 5 agent over certain property under a power of attorney.
75 6 Code section 633B.210: Adds the word "or" to improve
75 7 the readability of a series regarding the effect of certain
75 8 language in a power of attorney with respect to insurance and
75 9 annuities.
75 10 Code section 633B.302: Standardizes capitalization of the
75 11 term "power of attorney" in an optional power of attorney
75 12 agent's certification form.
75 13 Code section 673.3: Numbers unnumbered paragraphs to
75 14 distinguish Code section text from that of a notice form in
75 15 this Code section relating to posting of notice on property on
75 16 which a domesticated animal professional holds domesticated
75 17 animal activities.
75 18 Code section 714.16: Changes the capitalization of the
75 19 phrase "rules of civil procedure" in this provision regarding
75 20 consumer frauds to conform to the capitalization of the same
75 21 phrase elsewhere in the Code.
75 22 DIVISION II. This division contains Code editor directives
75 23 to standardize terminology used to refer to the director of
75 24 the department of management; to the accrediting entity, the
75 25 "higher learning commission" associated with accreditation
75 26 of institutions of and programs for higher education in the
75 27 north central region; to the director of transportation; and
75 28 to physician assistants, in various enumerated provisions
75 29 throughout the Code. The division also requires the Code
75 30 editor to number the unnumbered paragraphs in various
75 31 enumerated provisions in accordance with established Code
75 32 section hierarchy and to correct internal references as
75 33 necessary.
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