House File 536 - Enrolled
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 193)
(COMPANION TO SF 373
by committee on
judiciary)
\5
A BILL FOR
\1
House File 536
AN ACT
RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE TO
REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE
REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE,
RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING
PROVISIONS, OR REMOVE AMBIGUITIES, AND INCLUDING EFFECTIVE
DATE AND RETROACTIVE APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MISCELLANEOUS CHANGES
Section 1. Section 8A.315, subsection 5, Code 2015, is
amended to read as follows:
5. Information on recycled content shall be requested on all
bids for paper products other than printing and writing paper
issued by the state and on other bids for products which could
have recycled content such as oil, plastic products, including
but not limited to compost materials, aggregate, solvents,
soybean=based inks, and rubber products. Except for purchases
of printing and writing paper made pursuant to subsection 2,
paragraphs "c" and, "d", and "e", the department shall require
persons submitting bids for printing and writing paper to
certify that the printing and writing paper proposed complies
with the requirements referred to in subsection 2, paragraph
"a".
Sec. 2. Section 8A.504, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. Before setoff, the public agency shall obtain and forward
to the collection entity the full name and social security
number of the person liable to it the public agency or to whom
a claim is owing who is a natural person. If the person is
not a natural person, before setoff, the public agency shall
forward to the collection entity the information concerning the
person as the collection entity shall, by rule, require. The
collection entity shall cooperate with other public agencies in
the exchange of information relevant to the identification of
persons liable to or claimants of public agencies. However,
the collection entity shall provide only relevant information
required by a public agency. The information shall be held in
confidence and used for the purpose of setoff only. Section
422.72, subsection 1, does not apply to this paragraph.
Sec. 3. Section 12B.10, subsection 5, paragraph a,
subparagraphs (6) and (7), Code 2015, are amended to read as
follows:
(6) An open=end management investment company registered
with the federal securities and exchange commission under the
federal Investment Company Act of 1940, 15 U.S.C. {80a {80a=1,
and operated in accordance with 17 C.F.R. {270.2a=7.
(7) A joint investment trust organized pursuant to chapter
28E prior to and existing in good standing on the effective
date of this Act or a joint investment trust organized pursuant
to chapter 28E after April 28, 1992, provided that the joint
investment trust shall either be rated within the two highest
classifications by at least one of the standard rating services
approved by the superintendent of banking by rule adopted
pursuant to chapter 17A and operated in accordance with 17
C.F.R. {270.2a=7, or be registered with the federal securities
and exchange commission under the federal Investment Company
Act of 1940, 15 U.S.C. {80a {80a=1, and operated in accordance
with 17 C.F.R. {270.2a=7. The manager or investment advisor of
the joint investment trust shall be registered with the federal
securities and exchange commission under the Investment Advisor
Act of 1940, 15 U.S.C. {80b {80b=1.
Sec. 4. Section 12B.10, subsection 6, paragraph l, Code
2015, is amended to read as follows:
l. Investments in a qualified trust established pursuant
to governmental accounting standards board statement number
forty=three that is governed by a board of trustees of a joint
investment trust organized pursuant to chapter 28E and that is
registered with the federal securities and exchange commission
under the federal Investment Company Act of 1940, 15 U.S.C.
{80a {80a=1.
Sec. 5. Section 12B.10C, subsection 2, Code 2015, is amended
to read as follows:
2. As used in this section, "public funds custodial
agreement" means any contractual arrangement pursuant to
which one or more persons, including but not limited to
investment advisors, investment companies, trustees, agents
and custodians, are authorized to act as a custodian of or to
designate another person to act as a custodian of public funds
or any security or document of ownership or title evidencing
public funds investments other than custodial agreements
between an open=end management investment company registered
with the federal securities and exchange commission under the
federal Investment Company Act of 1940, 15 U.S.C. {80a {80a=1
and a custodian bank.
Sec. 6. Section 13.2, subsection 1, paragraph p, Code 2015,
is amended to read as follows:
p. Submit a report by January 15 of each year to the
co=chairpersons and ranking members of the joint appropriations
subcommittee on the justice system, to the executive council,
and to the legislative services agency detailing the amount
of annual money receipts generated by each settlement or
judgment in excess of two hundred fifty thousand dollars
collected pursuant to legal proceedings under chapters 455B,
553, and 714. The report shall include the name of the
civil or criminal case involved, the court of jurisdiction,
the settlement amount, including the state's share of the
settlement amount, the name of the fund in which the receipts
were deposited, and the planned use of the moneys.
Sec. 7. Section 13.32, subsection 1, paragraph a,
subparagraphs (1) and (2), Code 2015, are amended to read as
follows:
(1) A mission statement and table of organization of the
department of justice relating to the victim assistance grant
programs, a program summary, and statistics, including but not
limited to sources and uses of funds and the numbers of victims
served.
(2) An itemization of out=of=state travel expenses incurred
by an employee of the department of justice and an itemization
of such travel expenses paid to a contractor.
Sec. 8. Section 13C.1, Code 2015, is amended by adding the
following new unnumbered paragraph before subsection 1:
NEW UNNUMBERED PARAGRAPH As used in this chapter, unless
the context otherwise requires:
Sec. 9. Section 15.105, subsection 1, paragraph a,
subparagraph (1), subparagraph division (a), Code 2015, is
amended to read as follows:
(a) Two members from each United States congressional
district established under section 40.1 in the state.
Sec. 10. Section 15.294, subsection 4, Code 2015, is amended
by striking the subsection.
Sec. 11. Section 15.333, subsection 2, unnumbered paragraph
1, Code 2015, is amended to read as follows:
For purposes of this subsection section, "new investment
directly related to new jobs created by the project" means the
cost of machinery and equipment, as defined in section 427A.1,
subsection 1, paragraphs "e" and "j", purchased for use in
the operation of the eligible business, the purchase price
of which has been depreciated in accordance with generally
accepted accounting principles, the purchase price of real
property and any buildings and structures located on the real
property, and the cost of improvements made to real property
which is used in the operation of the eligible business. "New
investment directly related to new jobs created by the project"
also means the annual base rent paid to a third=party developer
by an eligible business for a period not to exceed ten years,
provided the cumulative cost of the base rent payments for that
period does not exceed the cost of the land and the third=party
developer's costs to build or renovate the building for the
eligible business. The eligible business shall enter into a
lease agreement with the third=party developer for a minimum
of five years. If, however, within five years of purchase,
the eligible business sells, disposes of, razes, or otherwise
renders unusable all or a part of the land, buildings, or other
existing structures for which tax credit was claimed under this
section, the tax liability of the eligible business for the
year in which all or part of the property is sold, disposed of,
razed, or otherwise rendered unusable shall be increased by one
of the following amounts:
Sec. 12. Section 16.1A, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. Programs established by the authority which the authority
finds useful and convenient to further goals of the authority
and which are consistent with the legislative findings. Such
programs shall be administered in accordance with section 16.4
subchapter III. Such additional programs shall be administered
in accordance with rules, if any, which the authority
determines useful and convenient to adopt pursuant to chapter
17A.
Sec. 13. Section 16.2A, Code 2015, is amended to read as
follows:
16.2A Title guaranty division ==== board.
1. A title guaranty division is created within the
authority. The division may also be referred to as Iowa title
guaranty. The powers of the division relating to the issuance
of title guaranties are vested in and shall be exercised by a
title guaranty division board of five members appointed by the
governor subject to confirmation by the senate. The membership
of the title guaranty division board shall include an attorney,
an abstractor, a real estate broker, a representative of a
lending institution that engages in mortgage lending, and
a representative of the housing development industry. The
executive director of the authority shall appoint an attorney
as director of the title guaranty division, who shall serve
as an ex officio member of the title guaranty division board.
The appointment of and compensation for the division director
are exempt from the merit system provisions of chapter 8A,
subchapter IV.
2. Members of the title guaranty division board shall be
appointed by the governor for staggered terms of six years
beginning and ending as provided in section 69.19. A person
shall not serve on the title guaranty division board while
serving on the authority board. A person appointed to fill
a vacancy shall serve only for the unexpired portion of the
term. A member is eligible for reappointment. A member of the
title guaranty division board may be removed from office by the
governor for misfeasance, malfeasance, or willful neglect of
duty or for other just cause, after notice and hearing, unless
notice and hearing is expressly waived in writing.
3. Three members of the title guaranty division board shall
constitute a quorum. An affirmative vote of a majority of the
appointed members is necessary for any substantive action taken
by the division.
4. Members of the title guaranty division board are entitled
to receive a per diem as specified in section 7E.6 for each
day spent in performance of duties as members and shall be
reimbursed for all actual and necessary expenses incurred in
the performance of duties as members.
5. Members of the title guaranty division board and the
executive director shall give bond as required for public
officers in chapter 64.
6. Meetings of the title guaranty division board shall be
held at the call of the chair of the title guaranty division
board or on written request of two members.
7. Members shall elect a chair and vice chair annually and
other officers as they determine. The executive director shall
serve as secretary to the title guaranty division board.
8. The net earnings of the division, beyond that necessary
for reserves, backing, guaranties issued, or to otherwise
implement the public purposes and programs authorized, shall
not inure to the benefit of any person other than the state and
are subject to section 16.2, subsection 8.
Sec. 14. Section 16.2B, subsection 3, paragraph b, Code
2015, is amended to read as follows:
b. Obtain agricultural assets transfer tax credits,
including by issuing tax credit certificates issued pursuant to
subchapter VIII, part 5.
Sec. 15. Section 16.2D, subsection 1, Code 2015, is amended
to read as follows:
1. A council on homelessness is created consisting of
thirty=eight voting members. At all times, at least one voting
member at all times shall be a member of a minority group.
Sec. 16. Section 16.7, subsection 2, Code 2015, is amended
to read as follows:
2. The annual report shall contain at least three parts
which include all of the following:
a. A general description of the authority setting forth:
(1) Its operations Operations and accomplishments.
(2) Its receipts Receipts and expenditures during the
fiscal year, in accordance with the classifications it the
authority establishes for its operating and capital accounts.
(3) Its assets Assets and liabilities at the end of its
the fiscal year and the status of reserve, special, and other
funds.
(4) A schedule of its bonds and notes outstanding at the
end of its the fiscal year, together with a statement of the
amounts redeemed and issued during its the fiscal year.
(5) A statement of its proposed and projected activities.
(6) Recommendations to the general assembly, as it the
authority deems necessary.
(7) Performance goals of the authority, clearly indicating
the extent of progress during the reporting period in attaining
the goals.
b. A summary of housing programs administered under this
chapter. The summary shall include an analysis of current
housing needs in this state. Where possible, results shall be
expressed in terms of housing units.
c. A summary of agricultural development programs
administered under subchapter VIII. Where possible, findings
and results shall be expressed in terms of number of loans, tax
credits, participating qualified beginning farmers, and acres
of agricultural land, including by county.
Sec. 17. Section 16.16, subsection 3, Code 2015, is amended
to read as follows:
3. The treasurer of state shall not be subject to personal
liability resulting from carrying out the powers and duties
of the authority or the treasurer of state, as applicable, in
subchapter X, part 15 9.
Sec. 18. Section 16.17, Code 2015, is amended to read as
follows:
16.17 Rules.
1. The authority shall adopt pursuant to chapter 17A all
rules necessary to administer this chapter.
2. The authority may adopt rules which establish by
rule further definitions applicable to this chapter, and
clarification of clarify the definitions in this chapter, as it
the authority deems convenient and necessary to carry out the
public purposes of this chapter including all the following:
a. Any rules necessary to assure eligibility for funds
available under federal housing laws, or to assure compliance
with federal tax laws relating to the issuance of tax exempt
bonds pursuant to the Internal Revenue Code or relating to the
allowance of low=income credits under Internal Revenue Code
{42.
b. Any rule as necessary to assure eligibility for funds,
insurance, or guaranties available under federal laws and to
carry out the public purposes of subchapter VIII.
3. The authority may adopt rules pursuant to chapter 17A
relating to the purchase and sale of residential mortgage loans
and the sale of mortgage=backed securities.
Sec. 19. Section 16.26, subsection 6, Code 2015, is amended
to read as follows:
6. The authority may issue negotiable bond anticipation
notes and may renew them from time to time but the maximum
maturity of the notes, including renewals, shall not exceed
ten years from the date of issue of the original notes. Bond
anticipation notes are payable from any available moneys of the
authority not otherwise pledged, or from the proceeds of the
sale of bonds of the authority in anticipation of which the
bond anticipation notes were issued. Bond anticipation notes
may be issued for any corporate purpose of the authority. Bond
anticipation notes shall be issued in the same manner as bonds
and bond anticipation notes, and the resolution authorizing
them may contain any provisions, conditions, or limitations,
not inconsistent with the provisions of this subsection, which
the bonds or a bond resolution of the authority may contain.
Bond anticipation notes may be sold at public or private sale.
In case of default on its bond anticipation notes or violation
of any obligations of the authority to the noteholders, the
noteholders shall have all the remedies provided in this
chapter for bondholders. Bond anticipation notes shall be as
fully negotiable as bonds of the authority.
Sec. 20. Section 16.27A, Code 2015, is amended to read as
follows:
16.27A Powers relating to loans.
Subject to any agreement with bondholders or noteholders,
the authority may renegotiate a mortgage or secured loan or
a loan to a lending institution in default, waive a default
or consent to the modification of the terms of a mortgage or
secured loan or a loan to a lending institution, forgive or
forbear all or part of a mortgage or secured loan or a loan to
a lending institution, and commence, prosecute, and enforce
a judgment in any action, including but not limited to a
foreclosure action, to protect or enforce any right conferred
upon it by law, mortgage or secured loan agreement, contract,
or other agreement, and in connection with any action, bid for
and purchase the property or acquire or take possession of it,
complete, administer, pay the principal of and interest on
any obligations incurred in connection with the property, and
dispose of and otherwise deal with the property in a manner the
authority deems advisable to protect its interests.
Sec. 21. Section 16.50, subsection 3, paragraph b,
subparagraph (1), Code 2015, is amended to read as follows:
(1) Projects that are eligible for historic preservation
and cultural and entertainment district tax credits under
section 404A.2 chapter 404A.
Sec. 22. Section 16.59, unnumbered paragraph 1, Code 2015,
is amended to read as follows:
A low or moderate net worth requirement To receive financing
as provided in this subchapter, applies to an individual,
partnership, family farm corporation, or family farm limited
liability company shall meet the applicable low or moderate
net worth requirements established in this section. The
requirement as applied that applies to each such person is
calculated determined as follows:
Sec. 23. Section 16.64, subsection 1, Code 2015, is amended
to read as follows:
1. An The authority shall publish a notice of intention
to issue bonds or notes. After sixty days from the date of
publication of the notice, an action shall not be brought
questioning the legality of any bonds or notes or the power of
the authority to issue any bonds or notes or to the legality
of any proceedings in connection with the authorization or
issuance of the bonds or notes after determination by the board
of the authority to proceed with the issuance of the bonds or
notes sixty days from the date of publication of the notice.
Sec. 24. Section 16.76, subsections 1 and 2, Code 2015, are
amended to read as follows:
1. As used in this section, "loan" includes but is
not limited to mortgage or secured loans; loans insured,
guaranteed, or otherwise secured by the federal government or
a federal governmental agency or instrumentality, or a state
agency or private mortgage insurers; and financing pursuant to
an installment contract or contract for purchase arrangement.
2. The authority may make loans, including but not limited
to mortgage or secured loans, or loans insured, guaranteed,
or otherwise secured by the federal government or a federal
governmental agency or instrumentality, or a state agency or
private mortgage insurers, to beginning farmers to provide
financing for agricultural land and agricultural improvements
or depreciable agricultural property.
Sec. 25. Section 16.78, subsection 1, Code 2015, is amended
to read as follows:
1. To every extent practicable, the authority shall
administer tax credits under the beginning farmer tax credit
program in a uniform manner that encourages participation by
qualified beginning farmers. The authority shall determine a
qualified beginning farmer's low or moderate net worth by using
a single method applicable to all its programs as provided
under section 16.59, including the beginning farmer tax credit
program.
Sec. 26. Section 16.92, subsection 1, paragraph d, Code
2015, is amended to read as follows:
d. "Division board" means the board of directors of the
title guaranty division of the Iowa finance authority.
Sec. 27. Section 17A.5, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. (1) Subject to applicable constitutional or statutory
provisions, a rule becomes effective immediately upon filing
with the administrative rules coordinator, or at a subsequent
stated date prior to indexing and publication, or at a stated
date less than thirty=five days after filing, indexing and
publication, if the agency finds:
(1) (a) That a statute so provides;
(2) (b) That the rule confers a benefit or removes a
restriction on the public or some segment thereof; or
(3) (c) That this effective date is necessary because of
imminent peril to the public health, safety or welfare.
(2) In any subsequent action contesting the effective date
of a rule promulgated under this paragraph "b", the burden
of proof shall be on the agency to justify its finding. The
agency's finding and a brief statement of the reasons therefor
shall be filed with and made a part of the rule. Prior to
indexing and publication, the agency shall make reasonable
efforts to make known to the persons who may be affected by it a
rule made effective under the terms of this paragraph "b".
Sec. 28. Section 28M.7, subsections 2 and 3, Code 2015, are
amended to read as follows:
2. A regional transit district may disclose aggregate data
on user and customer transaction history and fare card use
to government governmental entities, organizations, school
districts, educational institutions, and employers that
subsidize or provide fare cards to their clients, students, or
employees. Government Governmental entities, organizations,
school districts, educational institutions, and employers may
use the aggregate data only for purposes of measuring and
promoting fare card use and evaluating the cost=effectiveness
of their fare card programs. The disclosure of nonaggregate
or personalized data on user and customer transaction history
and fare card use to government governmental entities,
organizations, school districts, educational institutions, and
employers shall be strictly prohibited.
3. A regional transit district may disclose data concerning
applicants, users, and customers collected by or through
personalized internet services or a fare collection system to
another government governmental entity to prevent a breach
of security regarding electronic systems maintained by the
regional transit district or the governmental entity, or
pursuant to a subpoena issued in connection with a civil or
criminal investigation.
Sec. 29. Section 29B.116, Code 2015, is amended to read as
follows:
29B.116 General article.
Subject to section 29B.116A, though Though not specifically
mentioned in this code, and subject to section 29B.116A, all
disorders and neglects to the prejudice of good order and
discipline in the state military forces and all conduct of
a nature to bring discredit upon the state military forces,
of which persons subject to this code may be guilty, shall
be taken cognizance of by a general, special, or summary
court=martial, according to the nature and degree of the
offense, and shall be punished at the discretion of that court.
Sec. 30. Section 29B.116B, Code 2015, is amended to read as
follows:
29B.116B Adjutant general report.
The adjutant general shall report annually, by January 15,
to the governor and to the chairpersons and ranking members
of the general assembly's standing committees on veterans
affairs on the number of offenses described in section
29B.116A, subsection 1, which have been reported to civilian
law enforcement authorities in the prior year, if such offenses
were committed by a member of the state military forces against
another member of the state military forces while both are
subject to this code. The report shall provide such numbers
by type of offense.
Sec. 31. Section 43.16, Code 2015, is amended to read as
follows:
43.16 Return of papers, additions not allowed.
1. After a nomination paper has been filed, it shall not
be returned to the person who has filed the paper, nor shall
any signature or other information be added to the nomination
paper.
2. a. A person who has filed nomination petitions with the
state commissioner may withdraw as a candidate not later than
the seventy=sixth day before the primary election by notifying
the state commissioner in writing.
b. A person who has filed nomination papers with the
commissioner may withdraw as a candidate not later than the
sixty=seventh day before the primary election by notifying the
commissioner in writing.
3. The name of a candidate who has withdrawn or died at a
time in accordance with this section on or before the final day
to withdraw as a candidate for that office shall be omitted
from the certificate furnished by the state commissioner under
section 43.22 and omitted from the primary election ballot.
Sec. 32. Section 68A.405, subsection 1, paragraph a,
subparagraph (3), Code 2015, is amended to read as follows:
(3) "Published material" means any newspaper, magazine,
shopper, outdoor advertising facility, poster, direct mailing,
brochure, internet site, campaign sign, or any other form of
printed or electronic general public political advertising.
"Published material" includes television, video, or motion
picture advertising.
Sec. 33. Section 80B.5, subsection 1, Code 2015, is amended
to read as follows:
1. The administration of this chapter shall be vested in
the office of the governor. Except for the director and deputy
director of the academy, the staff as may be necessary for it
the academy to function shall be employed pursuant to the Iowa
merit system.
Sec. 34. Section 96.9, subsection 6, Code 2015, is amended
to read as follows:
6. Management of funds in the event of discontinuance of
unemployment trust fund. The provisions of subsections 1, 2,
and 3 to the extent that they relate to the unemployment trust
fund shall be operative only so long as such unemployment
trust fund continues to exist and so long as the secretary
of the treasury of the United States continues to maintain
for this state a separate book account of all funds deposited
therein by this state for benefit purposes, together with
this state's proportionate share of the earnings of such
unemployment trust fund, from which no other state is permitted
to make withdrawals. If and when such unemployment trust fund
ceases to exist, or such separate book account is no longer
maintained, all moneys, properties, or securities therein,
belonging to the unemployment compensation fund of this state
shall be transferred to the treasurer of the unemployment
compensation fund, who shall hold, invest, transfer, sell,
deposit, and release such moneys, properties, or securities
in a manner approved by the director, treasurer of state,
and governor, in accordance with the provisions of this
chapter: Provided, provided that such moneys shall be invested
in the following such readily marketable classes of securities;
such securities as are authorized by the laws of the state of
Iowa for the investment of trust funds. The treasurer shall
dispose of securities and other properties belonging to the
unemployment compensation fund only under the direction of the
director, treasurer of state, and governor.
Sec. 35. Section 96.14, subsection 4, Code 2015, is amended
to read as follows:
4. Priorities under legal dissolutions or distributions. In
the event of any distribution of an employer's assets
pursuant to an order of any court under the laws of this
state, including any receivership, assignment for benefit of
creditors, adjudicated insolvency, composition, or similar
proceeding, contributions then or thereafter due shall be
paid in full prior to all other claims except taxes and
claims for wages preferred as provided by statute. In the
event of an employer's adjudication in bankruptcy, judicially
confirmed extension proposal, or composition, under the
federal Bankruptcy Act of 1898, as amended, contributions then
or thereafter due shall be entitled to such priority as is
provided in section 64 "a" of that Act [11 U.S.C. {104 "b", as
amended], 11 U.S.C. {507.
Sec. 36. Section 96.20, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. Reimbursements so payable shall be deemed to be benefits
for the purposes of section 96.3, subsection 5, paragraph "a",
and section 96.9, but no reimbursement so payable shall be
charged against any employer's account for the purposes of
section 96.7, unless wages so transferred are sufficient to
establish a valid claim in Iowa, and that such charges shall
not exceed the amount that would have been charged on the
basis of a valid claim. The department is hereby authorized
to make to other state or federal agencies and receive from
such other state or federal agencies, reimbursements from or
to the fund, in accordance with arrangements pursuant to this
section. The department shall participate in any arrangements
for the payment of compensation on the basis of combining
an individual's wages and employment covered under this Act
chapter with the individual's wages and employment covered
under the unemployment compensation laws of other states
which are approved by the United States secretary of labor in
consultation with the state unemployment compensation agencies
as reasonably calculated to assure the prompt and full payment
of compensation in such situations and which include provisions
for applying the base period of a single state law to a claim
involving the combining of an individual's wages and employment
covered under two or more state unemployment compensation laws,
and avoiding the duplication use of wages and employment by
reason of such combining.
Sec. 37. Section 99.27, Code 2015, is amended to read as
follows:
99.27 Mulct tax.
When a permanent injunction issues against any person for
maintaining a nuisance as herein defined in section 99.1A, or
against any owner or agent of the building kept or used for the
purpose prohibited by this chapter, there shall be imposed upon
said building and the ground upon which the same is located and
against the person or persons maintaining said the nuisance and
the owner or agent of said the premises, a mulct tax of three
hundred dollars. The imposing of said the mulct tax shall be
made by the court as a part of the proceeding.
Sec. 38. Section 105.18, subsection 3, paragraph d, Code
2015, is amended to read as follows:
d. An individual that holds either a master or
journeyperson mechanical license or a master or journeyperson
HVAC=refrigeration license shall be exempt from having to
obtain a special electrician's license pursuant to chapter 103
in order to perform disconnect and reconnect of existing air
conditioning and refrigeration systems.
Sec. 39. Section 123.5, Code 2015, is amended to read as
follows:
123.5 Alcoholic beverages commission created ==== appointment
==== removal ==== vacancies.
1. An alcoholic beverages commission is created within the
division. The commission is composed of five members, not more
than three of whom shall belong to the same political party.
2. Members shall be appointed by the governor, subject
to confirmation by the senate. Appointments shall be for
five=year staggered terms beginning and ending as provided by
section 69.19. A member may be reappointed for one additional
term.
3. Members of the commission shall be chosen on the basis
of managerial ability and experience as business executives.
Not more than two members of the commission may be the holder
of or have an interest in a permit or license to manufacture
alcoholic liquor, wine, or beer or to sell alcoholic liquor,
wine, or beer at wholesale or retail.
4. Any commission member shall be subject to removal for any
of the causes and in the manner provided by chapter 66 relating
to removal from office. Removal shall not be in lieu of any
other punishment that may be prescribed by the laws of this
state.
5. Any vacancy on the commission shall be filled in the
same manner as regular appointments are made for the unexpired
portion of the regular term.
Sec. 40. Section 123.11, Code 2015, is amended to read as
follows:
123.11 Expenses Compensation and expenses.
Members of the commission, the administrator, and other
employees of the division shall be allowed their actual and
necessary expenses while traveling on business of the division
outside of their place of residence, however, an itemized
account of such expenses shall be verified by the claimant
and approved by the administrator. If such account is paid,
the same shall be filed with the division and be and remain
a part of its permanent records. Each member appointed to
the commission is entitled to receive reimbursement of actual
expenses incurred while attending meetings. Each member of
the commission may also be eligible to receive compensation
as provided in section 7E.6. All expenses and salaries of
commission members, the administrator, and other employees
shall be paid from appropriations for such purposes and the
division shall be subject to the budget requirements of chapter
8.
Sec. 41. Section 123.17, Code 2015, is amended to read as
follows:
123.17 Prohibition Prohibitions on commission members and
employees.
1. Commission members, officers, and employees of the
division shall not, while holding such office or position, hold
do any of the following:
a. Hold any other office or position under the laws of this
state, or any other state or territory or of the United States;
nor engage.
b. Engage in any occupation, business, endeavor, or activity
which would or does conflict with their duties under this
chapter; nor, directly.
c. Directly or indirectly, use their office or employment
to influence, persuade, or induce any other officer, employee,
or person to adopt their political views or to favor any
particular candidate for an elective or appointive public
office; nor, directly.
d. Directly or indirectly, solicit or accept, in any manner
or way, any money or other thing of value for any person
seeking an elective or appointive public office, or to any
political party or any group of persons seeking to become a
political party.
2. Except as provided in section 123.5, subsection 3, a
commission member or division employee shall not, directly or
indirectly, individually, or as a member of a partnership or
shareholder in a corporation, have any interest in dealing
in or in the manufacture of alcoholic liquor, wine, or beer,
and shall not receive any kind of profit nor have any interest
in the purchase or sale of alcoholic liquor, wine, or beer
by persons so authorized under this chapter. However, this
subsection does not prohibit any member or employee from
lawfully purchasing and keeping alcoholic liquor, wine, or beer
in the member's or employee's possession for personal use.
3. Any officer or employee violating this section or any
other provisions of this chapter shall, in addition to any
other penalties provided by law, be subject to suspension or
discharge from employment. Any commission member shall, in
addition to any other penalties provided by law, be subject to
removal from office as provided by law chapter 66.
Sec. 42. Section 123.45, Code 2015, is amended to read as
follows:
123.45 Limitations on business interests.
Except as provided in section 123.6, a commission member
or division employee shall not, directly or indirectly,
individually, or as a member of a partnership or shareholder
in a corporation, have any interest in dealing in or in the
manufacture of alcoholic liquor, wine, or beer, and shall
not receive any kind of profit nor have any interest in the
purchase or sale of alcoholic liquor, wine, or beer by persons
so authorized under this chapter. However, this provision does
not prohibit any member or employee from lawfully purchasing
and keeping alcoholic liquor, wine, or beer in the member's or
employee's possession for personal use.
1. A person engaged in the business of manufacturing,
bottling, or wholesaling alcoholic beverages, wine, or beer, or
any jobber, representative, broker, employee, or agent of such
a person, shall not directly do any of the following:
a. Directly or indirectly supply, furnish, give, or pay for
any furnishings, fixtures, or equipment used in the storage,
handling, serving, or dispensing of alcoholic beverages, wine,
beer, or food within the place of business of a licensee or
permittee authorized under this chapter to sell at retail; nor
shall the person directly.
b. Directly or indirectly extend any credit for alcoholic
beverages or beer or pay for any such license or permit, nor
directly.
c. Directly or indirectly be interested in the ownership,
conduct, or operation of the business of another licensee or
permittee authorized under this chapter to sell at retail, nor
hold.
d. Hold a retail liquor control license or retail wine or
beer permit.
2. However, a person engaged in the wholesaling of beer or
wine may sell only disposable glassware, which is constructed
of paper, paper laminated, or plastic materials and designed
primarily for personal consumption on a one=time usage
basis, to retailers for use within the premises of licensed
establishments, for an amount which is greater than or equal
to an amount which represents the greater of either the amount
paid for the disposable glassware by the supplier or the amount
paid for the disposable glassware by the wholesaler. Also, a
person engaged in the business of manufacturing beer may sell
beer at retail for consumption on or off the premises of the
manufacturing facility and, notwithstanding any other provision
of this chapter or the fact that a person is the holder of a
class "A" beer permit, may be granted not more than one class
"B" beer permit as defined in section 123.124 for that purpose.
3. A licensee or permittee who permits or assents to or is a
party in any way to a violation or infringement of this section
is guilty of a violation of this section.
Sec. 43. Section 123.70, Code 2015, is amended to read as
follows:
123.70 Injunction against bootlegger.
A bootlegger as defined in this chapter section 123.59 may
be restrained by injunction from doing or continuing to do any
of the acts prohibited herein, and all the proceedings for
injunctions, temporary and permanent, and for punishments for
violation of the same as prescribed herein, shall be applicable
to such person, and the fact that an offender has no known or
permanent place of business, or base of supplies, or quits the
business after the commencement of an action, shall not prevent
a temporary or permanent injunction, as the case may be, from
issuing.
Sec. 44. Section 123.83, Code 2015, is amended to read as
follows:
123.83 Method of trial.
The trial of an action filed pursuant to section 123.82 shall
be to the court and as in equity, and be governed by the same
rules of evidence as contempt proceedings.
Sec. 45. Section 123.84, Code 2015, is amended to read as
follows:
123.84 Judgment.
If the court after a hearing in an action filed pursuant to
section 123.82 finds a liquor, wine, or beer nuisance has been
maintained on the premises covered by the abatement bond and
that liquor, wine, or beer has been sold or kept for sale on the
premises contrary to law within one year from the date of the
giving of the bond, then the court shall order the forfeiture
of the bond and enter judgment for the full amount of the bond
against the principal and sureties on the bond, and the. The
lien on the real estate created pursuant to section 123.79
shall be decreed foreclosed and the court shall provide for a
special and general execution for the enforcement of the decree
and judgment.
Sec. 46. Section 123.85, Code 2015, is amended to read as
follows:
123.85 Appeal.
Appeal from a judgment and decree entered pursuant to
section 123.84 may be taken as in equity cases and the cause be
triable de novo except that if the state appeals it need not
file an appeal or supersedeas bond.
Sec. 47. Section 123.88, Code 2015, is amended to read as
follows:
123.88 Evidence.
On the issue whether a party knew or ought to have known of
such a nuisance described under section 123.60, evidence of the
general reputation of the place shall be admissible.
Sec. 48. Section 123.122, Code 2015, is amended to read as
follows:
123.122 Permit or license required.
A person shall not manufacture for sale or sell beer at
wholesale or retail unless a permit is first obtained as
provided in this division subchapter or, a liquor control
license authorizing the retail sale of beer is first obtained
as provided in division I of this chapter. A liquor control
license holder is not required to hold a separate class "B"
beer permit.
Sec. 49. Section 123.123, Code 2015, is amended to read as
follows:
123.123 Effect on liquor control licensees.
All applicable provisions of this division subchapter
relating to class "B" beer permits shall apply to liquor
control licensees in the purchasing, storage, handling,
serving, and sale of beer.
Sec. 50. Section 123.143, subsection 2, Code 2015, is
amended to read as follows:
2. All permit fees and taxes collected by the division under
this division subchapter shall accrue to the state general
fund, except as otherwise provided.
Sec. 51. Section 123.171, Code 2015, is amended to read as
follows:
123.171 Wine certificate, permit, or license required.
A person shall not cause the manufacture, importation,
or sale of wine in this state unless a certificate or
permit as provided in this division subchapter, or a liquor
control license as provided in division subchapter I of this
chapter, is first obtained which authorizes that manufacture,
importation, or sale.
Sec. 52. Section 123.172, Code 2015, is amended to read as
follows:
123.172 Effect on liquor control licensees.
All applicable provisions of this division subchapter
relating to class "B" wine permits apply to liquor control
licensees in the purchasing, storage, handling, serving and
sale of wine.
Sec. 53. Section 124.401, subsection 5, unnumbered
paragraph 3, Code 2015, is amended by striking the unnumbered
paragraph.
Sec. 54. Section 124D.4, subsection 6, Code 2015, is amended
to read as follows:
6. Card issuance ==== department of transportation. The
department may enter into a chapter 28E agreement with the
department of transportation to facilitate the issuance of a
cannabidiol registration card cards pursuant to subsections 1
and 3.
Sec. 55. Section 135.173A, subsections 1, 3, and 8, Code
2015, are amended to read as follows:
1. The early childhood Iowa council stakeholders alliance
shall establish a state child care advisory committee as part
of the council stakeholders alliance. The advisory committee
shall advise and make recommendations to the governor, general
assembly, department of human services, and other state
agencies concerning child care.
3. Except as otherwise provided, the voting members of
the advisory committee shall be appointed by the council
stakeholders alliance from a list of names submitted by a
nominating committee to consist of one member of the advisory
committee, one member of the department of human services'
child care staff, three consumers of child care, and one member
of a professional child care organization. Two names shall be
submitted for each appointment. The voting members shall be
appointed for terms of three years.
8. The advisory committee shall coordinate with the early
childhood Iowa council stakeholders alliance its reporting
annually in December to the governor and general assembly
concerning the status of child care in the state, providing
findings, and making recommendations. The annual report may
be personally presented to the general assembly's standing
committees on human resources by a representative of the
advisory committee.
Sec. 56. Section 135.173A, subsection 4, paragraphs n and q,
Code 2015, are amended to read as follows:
n. One designee of the community empowerment early childhood
office of the department of management.
q. One person who represents the early childhood Iowa
council stakeholders alliance.
Sec. 57. Section 135.173A, subsection 6, paragraph j, Code
2015, is amended to read as follows:
j. Advise and assist the early childhood Iowa council
stakeholders alliance in developing the strategic plan required
pursuant to section 135.173 256I.4, subsection 4.
Sec. 58. Section 135C.33, subsection 2, paragraph b,
subparagraph (1), Code 2015, is amended to read as follows:
(1) If a person being considered for employment, other than
employment involving the operation of a motor vehicle, has
been convicted of a crime listed in subparagraph (2) but does
not have a record of founded child or dependent adult abuse
and the licensee has requested an evaluation in accordance
with paragraph "a" to determine whether the crime warrants
prohibition of the person's employment, the licensee may employ
the person for not more than sixty calendar days pending
completion of the evaluation.
Sec. 59. Section 144.43, Code 2015, is amended to read as
follows:
144.43 Vital records closed to inspection ==== exceptions.
1. To protect the integrity of vital statistics records, to
ensure their proper use, and to ensure the efficient and proper
administration of the vital statistics system kept by the state
registrar, access to vital statistics records kept by the state
registrar shall be limited to the state registrar and the
state registrar's employees, and then only for administrative
purposes.
2. a. It shall be unlawful for the state registrar to
permit inspection of, or to disclose information contained in
vital statistics records, or to copy or permit to be copied all
or part of any such record except as authorized by regulation
rule.
b. 3. However, the following vital statistics records may
be inspected and copied as of right under chapter 22 when they
are in the custody of a county registrar or when they are in the
custody of the state archivist and are at least seventy=five
years old:
(1) a. A record of birth.
(2) b. A record of marriage.
(3) c. A record of divorce, dissolution of marriage, or
annulment of marriage.
(4) d. A record of death if that death was not a fetal
death.
3. 4. A public record shall not be withheld from the
public because it is combined with data processing software.
The state registrar shall not implement any electronic data
processing system for the storage, manipulation, or retrieval
of vital records that would impair a county registrar's ability
to permit the examination of a public record and the copying of
a public record, as established by rule. If it is necessary to
separate a public record from data processing software in order
to permit the examination of the public record, the county
registrar shall periodically generate a written log available
for public inspection which contains the public record.
Sec. 60. Section 147.1, unnumbered paragraph 1, Code 2015,
is amended to read as follows:
For the purpose of this and the following chapters of this
subtitle:
Sec. 61. Section 147.86, Code 2015, is amended to read as
follows:
147.86 Penalties.
Any person violating any provision of this or the following
chapters of this subtitle, except insofar as the provisions
apply or relate to or affect the practice of pharmacy, or where
a specific penalty is otherwise provided, shall be guilty of
a serious misdemeanor.
Sec. 62. Section 157.1, subsection 27, Code 2015, is amended
to read as follows:
27. "School of cosmetology arts and sciences" means an
establishment licensed operated for the purpose of teaching
cosmetology arts and sciences.
Sec. 63. Section 159.1, subsections 1, 2, and 4, Code 2015,
are amended by striking the subsections.
Sec. 64. Section 172A.10, subsection 1, Code 2015, is
amended to read as follows:
1. If any person who is required by this chapter to be
licensed fails to obtain the required license, or if any person
who is required by this chapter to maintain proof of financial
responsibility fails to obtain or maintain such proof, or
if any licensee fails to discontinue engaging in licensed
activities when that person's license has been suspended, such
failure shall be deemed a nuisance and the secretary may bring
an action on behalf of the state to enjoin such nuisance. Such
actions may be heard on not less than five days' notice to the
person whose activities are sought to be enjoined. The failure
to obtain a license when required, or the failure to obtain or
maintain proof of financial responsibility shall constitute a
violation of this chapter.
Sec. 65. Section 197.1, Code 2015, is amended to read as
follows:
197.1 License.
1. Every person, partnership, or corporation engaged in
the business of buying for the market, poultry or domestic
fowls for the market from the producer thereof, shall obtain
a license from the department for each establishment at which
said business is conducted.
2. The word "producer" as herein used in this chapter shall
include anyone not a licensed dealer who has acquired such
poultry or domestic fowls other than through a licensed dealer.
Sec. 66. Section 198.7, subsection 1, paragraph f, Code
2015, is amended to read as follows:
f. If it is, or it bears or contains a new animal drug which
is unsafe within the meaning of the federal Food, Drug, and
Cosmetic Act, 21 U.S.C. {801 {360b et seq.
Sec. 67. Section 206.24, unnumbered paragraph 1, Code 2015,
is amended to read as follows:
A program of education and demonstration in the area of
the agricultural use of fertilizers and pesticides shall be
initiated by the secretary of agriculture on July 1, 1987.
The secretary shall coordinate the activities of the state
regarding this program.
Sec. 68. Section 206.32, subsection 1, Code 2015, is amended
to read as follows:
1. A person shall not offer for sale, sell, purchase, apply,
or use chlordane in this state, on or after January 1, 1989.
Sec. 69. Section 215.23, Code 2015, is amended to read as
follows:
215.23 Servicer's license.
A servicer shall not install, service, or repair a
commercial weighing or and measuring device until the
servicer has demonstrated that the servicer has available
adequate testing equipment, and that the servicer possesses
a working knowledge of all devices the servicer intends to
install or repair and of all appropriate weights, measures,
statutes, and rules, as evidenced by passing a qualifying
examination to be conducted by the department and obtaining
a license. The secretary of agriculture shall establish by
rule pursuant to chapter 17A, requirements for and contents
of the examination. In determining these qualifications, the
secretary shall consider the specifications of the United
States national institute of standards and technology, handbook
44, "Specifications, tolerances, and technical requirements
for commercial weighing and measuring devices", or the current
successor or equivalent specifications adopted by the United
States national institute of standards and technology. The
secretary shall require an annual license fee of not more than
five dollars for each license. Each license shall expire one
year from date of issuance.
Sec. 70. Section 215.24, Code 2015, is amended to read as
follows:
215.24 Rules.
The department of agriculture and land stewardship may
promulgate adopt rules pursuant to chapter 17A as necessary
to promptly and effectively enforce the provisions of this
chapter.
Sec. 71. Section 218.95, subsection 1, Code 2015, is amended
to read as follows:
1. For purposes of construing the provisions of this and the
following subtitles of this title and chapters 16, 35B, 347B,
709A, 904, 913, and 914 relating to persons with mental illness
and reconciling these provisions with other former and present
provisions of statute, the following terms shall be considered
synonymous:
a. "Mentally ill" and "insane", except that the
hospitalization or detention of any person for treatment
of mental illness shall not constitute a finding or create
a presumption that the individual is legally insane in the
absence of a finding of incompetence made pursuant to section
229.27.
b. "Parole" and "convalescent leave".
c. "Resident" and "patient".
d. "Escape" and "depart without proper authorization".
e. "Warrant" and "order of admission".
f. "Escapee" and "patient".
g. "Sane" and "in good mental health".
h. "Asylum" and "hospital".
i. "Commitment" and "admission".
Sec. 72. Section 229.26, Code 2015, is amended to read as
follows:
229.26 Exclusive procedure for involuntary hospitalization.
Sections 229.6 through 229.19 constitute the exclusive
procedure for involuntary hospitalization of persons by reason
of serious mental impairment in this state, except that this
chapter does not negate the provisions of section 904.503
relating to transfer of prisoners with mental illness to state
hospitals for persons with mental illness and does not apply
to commitments of persons under chapter 812 or the rules of
criminal procedure, Iowa court rules, or negate the provisions
of section 232.51 relating to disposition of children with
mental illness or an intellectual disability.
Sec. 73. Section 230.11, Code 2015, is amended to read as
follows:
230.11 Recovery of costs from state.
Costs and expenses attending the taking into custody,
care, and investigation of a person who has been admitted
or committed to a state hospital, United States department
of veterans affairs hospital, or other agency of the United
States government, for persons with mental illness and who
has no residence in this state or whose residence is unknown,
including cost of commitment, if any, shall be paid as a state
case as approved by the administrator. The amount of the costs
and expenses approved by the administrator is appropriated
to the department from any money in the state treasury
not otherwise appropriated. Payment shall be made by the
department on itemized vouchers executed by the auditor of the
county which has paid them, and approved by the administrator.
Sec. 74. Section 231D.16, subsection 1, Code 2015, is
amended to read as follows:
1. Adult day services programs that are serving at least
two but not more than five persons and that are not voluntarily
accredited by a recognized accrediting entity prior to July 1,
2003, shall comply with this chapter by June 30, 2005.
Sec. 75. Section 231E.13, Code 2015, is amended to read as
follows:
231E.13 Implementation.
Implementation of this chapter is subject to availability of
funding as determined by the department. The department shall
notify the Code editor upon implementation of this chapter.
Sec. 76. Section 232.46, subsection 1, paragraph a,
subparagraph (3), Code 2015, is amended to read as follows:
(3) The performance of a work assignment of value to the
state or to the public making restitution consisting of a
monetary payment to the victim or a work assignment directly
of value to the victim.
Sec. 77. Section 232.46, subsection 1, paragraph a, Code
2015, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (3A) Making restitution consisting of a
monetary payment to the victim or a work assignment directly
of value to the victim.
Sec. 78. Section 232.125, subsection 4, Code 2015, is
amended to read as follows:
4. The petition shall state all of the following:
a. The names and residences of the child., and
b. The names and residences of the child's living parents,
guardian, custodian, and guardian ad litem, if any. and the
c. The age of the child.
Sec. 79. Section 232.178, subsections 3 and 4, Code 2015,
are amended to read as follows:
3. The petition shall state all of the following:
a. The names and residence of the child. and the
b. The names and residence of the child's living parents,
guardian, custodian, and guardian ad litem, if any., and the
c. The age of the child.
4. The petition shall describe the all of the following:
a. The child's emotional, physical, or intellectual
disability which requires care and treatment.; the
b. The reasonable efforts to maintain the child in the
child's home.; the
c. The department's request to the family of a child with
an intellectual disability, other developmental disability, or
organic mental illness to determine if any services or support
provided to the family will enable the family to continue to
care for the child in the child's home.; and the
d. The reason the child's parent, guardian, or custodian has
requested a foster family care placement.
e. The petition shall also describe the commitment
of the parent, guardian, or custodian in fulfilling the
responsibilities defined in the case permanency plan. and how
f. How the placement will serve the child's best interests.
Sec. 80. Section 235B.4, Code 2015, is amended to read as
follows:
235B.4 Legislative findings and purposes.
1. The general assembly finds and declares that a
central registry is required to provide a single source for
the statewide collection, maintenance, and dissemination
of dependent adult abuse information. Such a registry is
imperative for increased effectiveness in dealing with the
problem of dependent adult abuse. The general assembly also
finds that vigorous protection of rights of individual privacy
is an indispensable element of a fair and effective system of
collecting, maintaining, and disseminating dependent adult
abuse information.
2. The purposes of this section and sections 235B.5 to
through 235B.13 are to facilitate the identification of
victims or potential victims of dependent adult abuse by making
available a single, statewide source of dependent adult abuse
data; to facilitate research on dependent adult abuse by making
available a single, statewide source of dependent adult abuse
data; and to provide maximum safeguards against the unwarranted
invasions of privacy which such a registry might otherwise
entail.
Sec. 81. Section 235F.1, subsection 12, Code 2015, is
amended to read as follows:
12. "Present danger of elder abuse" means a situation in
which the defendant has recently threatened the vulnerable
elder with initial or additional elder abuse, or the potential
exists for misappropriation, misuse, or removal of the funds,
benefits, property, resources, belongings, or assets of the
vulnerable elder combined with reasonable grounds to believe
that elder abuse is likely to occur.
Sec. 82. Section 235F.5, subsection 6, unnumbered paragraph
1, Code 2015, is amended to read as follows:
The showing At the hearing, the allegation of elder abuse may
be proven as required under subsection 1 may be made by, but is
not limited to the testimony at the hearing of, from any of the
following:
Sec. 83. Section 235F.6, subsection 3, Code 2015, is amended
to read as follows:
3. The court shall not use issue an order issued under this
section to do that does any of the following:
a. To allow Allows any person other than the vulnerable
elder to assume responsibility for the funds, benefits,
property, resources, belongings, or assets of the vulnerable
elder.
b. For Grants relief that is more appropriately obtained
in a protective proceeding filed under chapter 633 including
but not limited to giving control and management of the funds,
benefits, property, resources, belongings, or assets of the
vulnerable elder to a guardian, conservator, or attorney in
fact for any purpose other than the relief granted under
subsection 2.
Sec. 84. Section 235F.8, subsection 2, Code 2015, is amended
to read as follows:
2. The plaintiff's right to relief under this chapter is not
affected by the vulnerable elder leaving the vulnerable elder's
home to avoid elder abuse.
Sec. 85. Section 237A.30, subsection 1, Code 2015, is
amended to read as follows:
1. The department shall work with the community empowerment
office of early childhood Iowa office in the department of
management established in section 28.3 256I.5 and the state
child care advisory committee in designing and implementing a
voluntary quality rating system for each provider type of child
care facility.
Sec. 86. Section 256.2, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. "Telecommunications" means narrowcast
communications through systems that are directed toward
a narrowly defined audience and includes interactive live
communications. "Telecommunications" does not include online
learning.
Sec. 87. Section 256.7, subsection 7, paragraph d, Code
2015, is amended by striking the paragraph.
Sec. 88. Section 256B.2, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. "Children requiring special education" means persons under
twenty=one years of age, including children under five years of
age, who have a disability in obtaining an education because
of a head injury, autism, behavioral disorder, or physical,
mental, communication, or learning disability, as defined by
the rules of the department of education. If a child requiring
special education reaches "Children requiring special education"
includes children receiving special education services, who
reach the age of twenty=one during an academic year, the child
may and who elect to receive special education services until
the end of the academic year.
Sec. 89. Section 256F.2, subsection 2, Code 2015, is amended
by striking the subsection.
Sec. 90. Section 260C.58, subsection 2, Code 2015, is
amended to read as follows:
2. a. All bonds or notes issued under the provisions of
this subchapter shall be payable from and shall be secured by
an irrevocable first lien pledge of a sufficient portion of any
of the following: the
(1) The net rents, profits, and income derived from the
operation of residence halls, dormitories, dining or other
incidental facilities and additions, including necessary real
and personal property, acquired or improved in whole or in part
with the proceeds of such bonds or notes, regardless of the
manner of such acquisition or improvement. ; and the
(2) The net rents, profits, and income not pledged for other
purposes derived from the operation of any other residence
halls or dormitories, including dining or other incidental
facilities and additions, at the particular institution.
b. In addition, the board may secure any bonds or notes
issued by borrowing money, by mortgaging any real estate or
improvements erected on real estate, or by pledging rents,
profits, and income received from property for the discharge
of mortgages. All bonds or notes issued under the provisions
of this subchapter shall have all the qualities of negotiable
instruments under the laws of this state.
Sec. 91. Section 262.44, subsection 1, Code 2015, is amended
to read as follows:
1. Set aside and use portions of the respective campuses
of the institutions of higher education under its control,
namely, the state university of Iowa, the Iowa state university
of science and technology, and the university of northern
Iowa, as the board determines are suitable for the acquisition
or construction of self=liquidating and revenue producing
buildings and facilities which the board deems necessary for
the students and suitable for the purposes for which the
institutions were established including without limitation:
a. Student unions, recreational buildings, auditoriums,
stadiums, field houses, and athletic buildings and areas.,
parking
b. Parking structures and areas., electric
c. Electric, heating, sewage treatment, and communication
utilities., research
d. Research equipment. and additions
e. Additions to or alterations of existing buildings or
structures.
Sec. 92. Section 262.49, Code 2015, is amended to read as
follows:
262.49 No obligation against state.
No obligation created hereunder shall ever be or become
a charge against the state of Iowa but all such obligations,
including principal and interest, shall be payable solely from
any of the following:
1. From the The net rents, profits, and income arising from
the property so pledged or mortgaged,.
2. From the The net rents, profits, and income which has
not been pledged for other purposes arising from any similar
building, facility, area or improvement under the control and
management of said board,.
3. From the The fees or charges established by said
board for students attending the institution for the use or
availability of the building, structure, area, facility or
improvement for which the obligation was incurred, or.
4. From the The income derived from gifts and bequests made
to the institutions under the control of said board for such
purposes.
Sec. 93. Section 262.57, subsection 2, Code 2015, is amended
to read as follows:
2. All bonds or notes issued under the provision provisions
of this subchapter shall be payable solely and only from and
shall be secured by an irrevocable pledge of a sufficient
portion of the net rents, profits and income derived from the
operation of residence halls, dormitories, dining or other
incidental facilities and additions, including necessary real
and personal property, acquired or improved in whole or in part
with the proceeds of such bonds or notes, regardless of the
manner of such acquisition or improvement, and the net rents,
profits and income not pledged for other purposes derived from
the operation of any other residence halls or dormitories,
including dining or other incidental facilities and additions,
at the particular institution. All bonds or notes issued under
the provisions of this subchapter shall have all the qualities
of negotiable instruments under the laws of this state.
Sec. 94. Section 262A.2, subsection 7, Code 2015, is amended
to read as follows:
7. "Student fees and charges" shall mean all tuitions, fees
and charges for general or special purposes levied against
and collected from students attending the institutions except
rates, fees, rentals or charges imposed and collected under any
of the following provisions of (a)sections:
a. Sections 262.35 through 262.42., (b)sections
b. Sections 262.44 through 262.53., and (c)sections
c. Sections 262.55 through 262.66.
Sec. 95. Section 263.8, Code 2015, is amended to read as
follows:
263.8 Reports ==== tests.
1. Charges may be assessed for transportation of specimens
and cost of examination. Reports of epidemiological
examinations and investigations shall be sent to the
responsible agency.
2. In addition to its regular work, the state hygienic
laboratory shall perform without charge all bacteriological,
serological, and epidemiological examinations and
investigations which may be required by the Iowa department of
public health and said the department shall establish adopt
rules pursuant to chapter 17A therefor. The laboratory shall
also provide, those laboratory, scientific field measurement,
and environmental quality services which, by contract, are
requested by the other agencies of government.
3. The state hygienic laboratory is authorized to perform
such other laboratory determinations as may be requested by
any state institution, citizen, school, municipality or local
board of health, and the laboratory is authorized to charge
fees covering transportation of samples and the costs of
examinations performed upon their request.
Sec. 96. Section 303.4, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. The governor shall appoint one member from each of the
state's congressional districts established under section 40.1.
Sec. 97. Section 321.19, Code 2015, is amended to read as
follows:
321.19 Exemptions ==== distinguishing plates ==== definitions of
urban transit company and regional transit system.
1.a. The following vehicles are exempted from the payment
of the registration fees imposed by this chapter, except as
provided for urban transit companies in subsection 2, but are
not exempt from the penalties provided in this chapter:
(1) All vehicles owned or leased for a period of sixty
days or more by the government and used in the transaction of
official business by the representatives of foreign governments
or by officers, boards, or departments of the government of the
United States, and by the state, counties, municipalities and
other political subdivisions of the state including vehicles
used by an urban transit company operated by a municipality or
a regional transit system, and self=propelling vehicles used
neither for the conveyance of persons for hire, pleasure, or
business nor for the transportation of freight other than those
used by an urban transit company operated by a municipality or
a regional transit system., all
(2) All fire trucks, providing they are not owned and
operated for a pecuniary profit., and authorized
(3) Authorized emergency vehicles used only in disaster
relief owned and operated by an organization not operated
for pecuniary profit, are exempted from the payment of the
registration fees imposed by this chapter, except as provided
for urban transit companies in subsection 2, but are not exempt
from the penalties provided in this chapter.
b. (1) The department shall furnish, on application, free
of charge, distinguishing plates for vehicles thus exempted,
which plates except plates on state patrol vehicles shall bear
the word "official" and the department shall keep a separate
record.
(2) Registration plates issued for state patrol vehicles,
except unmarked patrol vehicles, shall bear two red stars
on a yellow background, one before and one following the
registration number on the plate, which registration number
shall be the officer's badge number.
(3) Registration plates issued for county sheriff's patrol
vehicles shall display one seven=pointed gold star followed by
the letter "S" and the call number of the vehicle. However,
the
c. However, the director of the department of administrative
services or the director of transportation may order the
issuance of regular registration plates for any exempted
vehicle used by peace any of the following:
(1) Peace officers in the enforcement of the law., persons
(2) Persons enforcing chapter 124 and other laws relating to
controlled substances., persons
(3) Persons in the department of justice, the alcoholic
beverages division of the department of commerce, disease
investigators of the Iowa department of public health, the
department of inspections and appeals, and the department of
revenue, who are regularly assigned to conduct investigations
which cannot reasonably be conducted with a vehicle displaying
"official" state registration plates., persons
(4) Persons in the Iowa lottery authority whose regularly
assigned duties relating to security or the carrying of
lottery tickets cannot reasonably be conducted with a vehicle
displaying "official" registration plates., persons
(5) Persons in the economic development authority
who are regularly assigned duties relating to existing
industry expansion or business attraction, and mental health
professionals or health care professionals who provide off=site
or in=home medical or mental health services to clients of
publicly funded programs.
d. For purposes of sale of exempted vehicles, the exempted
governmental body, upon the sale of the exempted vehicle, may
issue for in=transit purposes a pasteboard card bearing the
words "Vehicle in Transit", the name of the official body from
which the vehicle was purchased, together with the date of the
purchase plainly marked in at least one=inch letters, and other
information required by the department. The in=transit card is
valid for use only within forty=eight hours after the purchase
date as indicated on the bill of sale which shall be carried by
the driver.
2. a. "Urban transit company" means any person, firm,
corporation, company, or municipality which operates buses
or trolley cars or both, primarily upon the streets of
cities over well=defined routes between certain termini, for
the transportation of passengers for a uniform fare, and
which accepts for passengers all who present themselves for
transportation without discrimination up to the limit of the
capacity of each vehicle. Included are street railways,
plants, equipment, property, and rights, used and useful
in the transportation of passengers. Motor carriers and
interurbans subject to the jurisdiction of the state department
of transportation, and taxicabs, are not included.
b. The department, in accordance with subsection 1,
shall furnish distinguishing plates for vehicles used by
urban transit companies operated by a municipality. No
other provision of law providing for the payment of taxes,
registration, or license fees for vehicles shall be applicable
to any bus, car, or vehicle for the transportation of
passengers owned and operated by any urban transit company.
c. Chapter 326 is not applicable to urban transit companies
or systems.
3. a. "Regional transit system" means a public transit
system serving one county or all or part of a multicounty area
whose boundaries correspond to the same boundaries as those of
the regional planning areas designated by the governor, except
as agreed upon by the department. Privately chartered bus
services and uses other than providing services that are open
and public on a shared ride basis shall not be construed to be a
regional transit system.
b. Each county board of supervisors within the region is
responsible for determining the service and funding within
its county. However, the administration and overhead support
services for the overall regional transit system shall be
consolidated into one existing or new agency to be mutually
agreed upon by the participating members. Privately chartered
bus services and uses other than providing services that are
open and public on a shared ride basis shall not be construed
to be a regional transit system.
Sec. 98. Section 321.34, subsection 20C, paragraphs a and c,
Code 2015, are amended to read as follows:
a. The department, in consultation with the adjutant
general, shall design combat infantryman badge, combat
action badge, combat action ribbon, air force combat action
medal, and combat medical badge distinguishing processed
emblems. Upon receipt of two hundred fifty orders for combat
infantryman badge, combat action badge, combat action ribbon,
air force combat action medal, or combat medical badge special
registration plates, accompanied by a start=up fee of twenty
dollars per order, the department shall begin issuing special
registration plates with the applicable distinguishing
processed emblem as provided in paragraphs "b", "c", and "d".
The minimum order requirement shall apply separately to each of
the special registration plates created under this subsection.
c. Notwithstanding subsection 12, paragraph "a", an owner
who is approved for special registration plates under this
subsection shall be issued one set of special registration
plates with a combat infantryman badge, combat action badge,
combat action ribbon, air force combat action medal, and or
combat medical badge distinguishing processed emblem at no
charge.
Sec. 99. Section 321.34, subsection 27, paragraph a, Code
2015, is amended to read as follows:
a. An owner referred to in subsection 12 who served in the
armed forces of the United States and was discharged under
honorable conditions may, upon written application to the
department and upon presentation of satisfactory proof of
military service and discharge under honorable conditions,
order special registration plates bearing a distinguishing
processed emblem depicting the word "veteran" below an image
of the American flag. The application is subject to approval
by the department. The special plate fees collected by the
director under subsection 12, paragraph "a", from the annual
validation of letter=number designated United States veteran
plates, and subsection 12, paragraph "c", from the issuance
and annual validation of personalized United States veteran
plates, shall be paid monthly to the treasurer of state and
deposited in the road use tax fund. The treasurer of state
shall transfer monthly from the statutory allocations fund
created under section 321.145, subsection 2, to the veterans
license fee fund created in section 35A.11 the amount of the
special fees collected under subsection 12, paragraph "a", in
the previous month for United States veteran plates.
Sec. 100. Section 321.59, Code 2015, is amended to read as
follows:
321.59 Issuance of certificate.
The department, upon granting any such an application made
as provided under section 321.58, shall issue to the applicant
a certificate containing the applicant's name and address and
the general distinguishing number assigned to the applicant.
Sec. 101. Section 321.154, Code 2015, is amended to read as
follows:
321.154 Reports by department.
The department, immediately upon receiving said the county
treasurer's report under section 321.153, shall also report to
the treasurer of state the amount so collected by such county
treasurer.
Sec. 102. Section 321.191, subsection 7, Code 2015, is
amended to read as follows:
7. Endorsements and removal of air brake restrictions. The
fee for a double/triple double or triple trailer endorsement,
tank vehicle endorsement, and hazardous materials endorsement
is five dollars for each endorsement. The fee for a passenger
endorsement or a school bus endorsement is ten dollars. The
fee for removal of an air brake restriction on a commercial
driver's license is ten dollars. Fees imposed under this
subsection for endorsements or removal of restrictions are
valid for the period of the license. Upon renewal of a
commercial driver's license, no fee is payable for retaining
endorsements or the removal of the air brake restriction for
those endorsements or restrictions which do not require the
taking of either a knowledge or a driving skills test for
renewal.
Sec. 103. Section 321.198, subsection 2, Code 2015, is
amended to read as follows:
2. The provisions of this section shall also apply to
the spouse and children, or ward of such military personnel
when such spouse, children, or ward are living with the above
described military personnel described in subsection 1 outside
of the state of Iowa and provided that such extension of
license does not exceed five years.
Sec. 104. Section 321.453, Code 2015, is amended to read as
follows:
321.453 Exceptions.
1. The Except as provided in sections 321.463, 321.471, and
321.474, the provisions of this chapter governing size, weight,
and load and the permit requirements of chapter 321E do not
apply to fire any of the following:
a. Fire apparatus.; road
b. Road maintenance equipment owned by, under lease to, or
used in the performance of a contract with any state or local
authority.; implements
c. Implements of husbandry when moved or moving upon a
highway that is not a portion of the interstate.; or equipment
d. Equipment used primarily for construction of permanent
conservation practices on agricultural land when moved or
moving upon a highway that is not a portion of the interstate,
so long as the equipment is without payload and the movement
does not violate posted weight limitations on bridges, except
as provided in sections 321.463, 321.471, and 321.474.
2. A vehicle that is carrying an implement of husbandry
or equipment used primarily for construction of permanent
conservation practices and is exempted from the permit
requirements under this section shall be equipped with an amber
flashing light visible from the rear. If the amber flashing
light is obstructed by the loaded implement or equipment,
the loaded implement or equipment shall also be equipped
with and display an amber flashing light. The vehicle shall
also be equipped with warning flags on that portion of the
vehicle which protrudes into oncoming traffic, and shall only
operate from thirty minutes prior to sunrise to thirty minutes
following sunset.
Sec. 105. Section 321A.39, subsection 1, Code 2015, is
amended to read as follows:
1. Whenever any dealer licensed under chapter 322 sells a
motor vehicle at retail and the transaction does not include
the sale of liability insurance coverage which will protect the
purchaser under the Iowa motor vehicle financial and safety
responsibility Act this chapter the purchase order or invoice
evidencing the transaction shall contain a statement in the
following form:
I understand that liability insurance coverage which would
protect me under the Iowa Motor Vehicle Financial and Safety
Responsibility Act, Iowa Code chapter 321A, IS NOT INCLUDED
in my purchase of the herein described motor vehicle. I have
received a copy of this statement.
..........
(Purchaser's signature)
Sec. 106. Section 321E.11, subsection 3, Code 2015, is
amended to read as follows:
3. Except as provided in section 321.457, no movement under
permit shall be permitted on holidays, after 12:00 noon on days
preceding holidays and holiday weekends, or special events
when abnormally high traffic volumes can be expected. Such
restrictions shall not be applicable to urban transit systems
as defined in section 321.19, subsection 2 324A.1.
Sec. 107. Section 321G.4, subsection 4, Code 2015, is
amended to read as follows:
4. Notwithstanding subsections 1 and 2, a snowmobile
manufactured prior to 1984 may be registered as an antique
snowmobile for a one=time fee of twenty=five dollars, which
shall exempt the owner from annual registration and fee
requirements for that snowmobile. However, if ownership of an
antique snowmobile is transferred, the new owner shall register
the snowmobile and pay the one=time fee as required under this
subsection. A An antique snowmobile may be registered under
this section with only a signed bill of sale as evidence of
ownership.
Sec. 108. Section 331.508, subsection 5, Code 2015, is
amended to read as follows:
5. A permanent record book of the names and addresses of
persons receiving veteran assistance as provided in section
35B.10.
Sec. 109. Section 358.21, Code 2015, is amended to read as
follows:
358.21 Debt limit ==== borrowing ==== bonds ==== purposes.
1. a. Any sanitary district organized hereunder under this
chapter may borrow money for its corporate purposes, but shall
not become indebted in any manner or for any purpose to an
amount in the aggregate exceeding five percent on the value of
the taxable property within such district, to be ascertained by
the last state and county tax lists previous to the incurring
of such indebtedness. Indebtedness within this constitutional
limit shall not include the indebtedness of any other municipal
corporation located wholly or partly within the boundaries of
such sanitary district.
b. Subject only to this the debt limitation described in
paragraph "a", any such sanitary district organized hereunder
under this chapter shall have and it is hereby vested with
all of the same powers to issue bonds, including both general
obligation and revenue bonds, which cities now or may hereafter
have under the laws of this state. In the application of
such laws to this chapter, the words used in any such laws
referring to municipal corporations or to cities shall be held
to include sanitary districts organized under this chapter,
the words "council" or "city council" shall be held to include
the board of trustees of a sanitary district; the words
"mayor" and "clerk" shall be held to include the president and
clerk of any such board of trustees or sanitary district; and
like construction shall be given to any other words in such
laws where required to permit the exercise of such powers by
sanitary districts.
2. Any and all bonds issued hereunder under the provisions
of this section shall be signed by the president of the board
of trustees and attested by the clerk, with the seal of the
district, if any, affixed, and interest coupons attached
thereto shall be attested by the signature of the clerk.
3. The proceeds of any bond issue made under the provisions
of this section shall be used only for the purpose of
acquiring, locating, laying out, establishing and construction
of drainage facilities, conduits, treatment plants, pumping
plants, works, ditches, channels and outlets of such capacity
and character as may be required for the treatment, carrying
off and disposal of the sewage and industrial wastes and other
drainage incidental thereto of such district, or to repair,
change, enlarge and add to such facilities as may be necessary
or proper to meet the requirements present and future for the
purposes aforesaid. Proceeds from such bond issue may also
be used for the payment of special assessment deficiencies.
Said bonds shall be payable in not more than forty annual
installments and with interest at a rate not exceeding that
permitted by chapter 74A, and shall be made payable at such
place and be of such form as the board of trustees shall by
resolution designate. Any sanitary district issuing bonds
as authorized in this section is hereby granted authority to
pledge the future avails of a tax levy to the payment of the
principal and interest of such bonds after the same come due,
and the power to impose and certify said levy is hereby granted
to the trustees of sanitary districts organized under the
provisions of this chapter.
Sec. 110. Section 359A.6, Code 2015, is amended to read as
follows:
359A.6 Default ==== costs and fees collected.
If the erecting, rebuilding, or repairing of a fence is not
completed within thirty days from and after the time fixed
in the order, the board of township trustees acting as fence
viewers shall cause the fence to be erected, rebuilt, and
repaired, and the value thereof may be fixed by the fence
viewers, and unless. Unless the sum so fixed, together with
all fees of the fence viewers caused by such the default, is
paid to the county treasurer, within ten days after the same
full amount due is so ascertained;, or when ordered to pay for
an existing fence, and the value thereof is fixed by the fence
viewers, and said the sum, together with the fees of the fence
viewers, remains unpaid by the party in default for ten days,
the fence viewers shall certify to the county treasurer the
full amount due from the party or parties in default, including
all fees and costs assessed by the fence viewers, together
with a description of the real estate owned by the party or
parties in default along or upon which the said fence exists,
and the. The county treasurer shall enter the same full amount
due upon the county system, and the amount shall be collected
in the same manner as ordinary taxes. Upon certification to
the county treasurer, the amount assessed shall be a lien on
the parcel until paid.
Sec. 111. Section 364.24, Code 2015, is amended to read as
follows:
364.24 Traffic light synchronization.
After July 1, 1992, all All cities with more than three
traffic lights within the corporate limits shall establish a
traffic light synchronization program for energy efficiency
in accordance with rules adopted by the state department of
transportation pursuant to chapter 17A. The state department
of transportation shall adopt rules required by this section
by July 1, 1990. This section does not require that a city
replace lighting, which has not completed its useful life,
in order to comply with the requirements of this section.
However, all lighting shall be replaced, whether or not it has
completed its useful life, by July 1, 2001.
Sec. 112. Section 388.11, Code 2015, is amended to read as
follows:
388.11 Liability within two miles.
A city or city utility providing water service within two
miles of the limits of the city shall not be liable for a claim
for failure to provide or maintain fire hydrants, facilities,
or an adequate supply of water or water pressure for fire
protection purposes in the area receiving water service if such
hydrants, facilities, or water are not intended to be used for
fire protection purposes.
Sec. 113. Section 403.9, subsection 1, Code 2015, is amended
to read as follows:
1. A municipality shall have power to periodically issue
bonds in its discretion to pay the costs of carrying out the
purposes and provisions of this chapter, including but not
limited to the payment of principal and interest upon any
advances for surveys and planning, and the payment of interest
on bonds, herein authorized, not to exceed three years from
the date the bonds are issued. The municipality shall have
power to issue refunding bonds for the payment or retirement
of such bonds previously issued by it the municipality. Said
bonds shall be payable solely from the income and proceeds of
the fund and portion of taxes referred to in section 403.19,
subsection 2, and revenues and other funds of the municipality
derived from or held in connection with the undertaking and
carrying out of urban renewal projects under this chapter. The
municipality may pledge to the payment of the bonds the fund
and portion of taxes referred to in section 403.19, subsection
2, and may further secure the bonds by a pledge of any loan,
grant, or contribution from the federal government or other
source in aid of any urban renewal projects of the municipality
under this chapter, or by a mortgage of any such urban renewal
projects, or any part thereof, title which is vested in the
municipality.
Sec. 114. Section 403.15, subsection 1, Code 2015, is
amended to read as follows:
1. There is hereby created in each municipality a public
body corporate and politic to be known as the "urban renewal
agency" of the municipality: Provided, that such. An urban
renewal agency shall not transact any business or exercise its
powers hereunder until or unless the local governing body has
made the finding prescribed in section 403.4, and has elected
to have the urban renewal project powers exercised by an urban
renewal agency as provided in section 403.14.
Sec. 115. Section 404.4, Code 2015, is amended to read as
follows:
404.4 Prior approval of eligibility.
1. A person may submit a proposal for an improvement
project to the governing body of the city or county to receive
prior approval for eligibility for a tax exemption on the
project. The governing body shall, by resolution, give its
prior approval for an improvement project if the project is
in conformance with the plan for revitalization developed by
the city or county. Such prior approval shall not entitle the
owner to exemption from taxation until the improvements have
been completed and found to be qualified real estate; however,
if the proposal is not approved, the person may submit an
amended proposal for the governing body to approve or reject.
2. An application shall be filed for each new exemption
claimed. The first application for an exemption shall be
filed by the owner of the property with the governing body
of the city or county in which the property is located by
February 1 of the assessment year for which the exemption
is first claimed, but not later than the year in which all
improvements included in the project are first assessed for
taxation, or the following two assessment years, in which case
the exemption is allowed for the total number of years in the
exemption schedule. However, upon the request of the owner at
any time, the governing body of the city or county provides by
resolution that the owner may file an application by February
1 of any other assessment year selected by the governing body
in which case the exemption is allowed for the number of years
remaining in the exemption schedule selected. The application
shall contain, but not be limited to, all of the following
information:
a. The nature of the improvement., its
b. The cost, of the improvement project.
c. The estimated or actual date of completion., the
d. The tenants that occupied the owner's building on the
date the city or county adopted the resolution referred to in
section 404.2, subsection 1., and which
e. Which exemption in section 404.3 or in the different
schedule, if one has been adopted, will be elected.
3. The governing body of the city or county shall approve
the application, subject to review by the local assessor
pursuant to section 404.5, if the project is in conformance
with the plan for revitalization developed by the city or
county, is located within a designated revitalization area,
and if the improvements were made during the time the area
was so designated. The governing body of the city or county
shall forward for review all approved applications to the
appropriate local assessor by March 1 of each year with a
statement indicating whether section 404.3, subsection 1, 2,
3 or 4 applies or if a different schedule has been adopted,
which exemption from that schedule applies. Applications for
exemption for succeeding years on approved projects shall not
be required.
Sec. 116. Section 422.11D, Code 2015, is amended to read as
follows:
422.11D Historic preservation and cultural and entertainment
district tax credit.
The taxes imposed under this division, less the credits
allowed under section 422.12, shall be reduced by a historic
preservation and cultural and entertainment district tax credit
allowed under section 404A.2 chapter 404A.
Sec. 117. Section 422.11L, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. Sixty percent of the federal residential energy efficient
property credit related to solar energy provided in section
25E(a)(1) 25D(a)(1) and section 25D(a)(2) of the Internal
Revenue Code, not to exceed five thousand dollars.
Sec. 118. Section 422.33, subsection 10, Code 2015, is
amended to read as follows:
10. The taxes imposed under this division shall be reduced
by a historic preservation and cultural and entertainment
district tax credit allowed under section 404A.2 chapter 404A.
Sec. 119. Section 422.60, subsection 4, Code 2015, is
amended to read as follows:
4. The taxes imposed under this division shall be reduced by
a historic preservation and cultural and entertainment district
tax credit allowed under section 404A.2 chapter 404A.
Sec. 120. Section 423.3, subsection 26A, Code 2015, is
amended to read as follows:
26A. a. The sales price of reagents and related accessory
equipment to a regional blood testing facility if all of the
following conditions are met:
(1) a. The regional blood testing facility is registered by
the federal food and drug administration.
(2) b. The regional blood testing facility performs donor
testing for other blood centers.
(3) c. The regional blood testing facility is located in
this state on or before January 1, 2011.
b. This subsection is repealed if a regional blood testing
facility is not located in this state on or before January 1,
2011.
Sec. 121. Section 423.30, Code 2015, is amended to read as
follows:
423.30 Foreign sellers not registered under the agreement.
1. The director may, upon application, authorize the
collection of the use tax by any seller who is a retailer not
maintaining a place of business within this state and not
registered under the agreement, who, to the satisfaction of
the director, furnishes adequate security to ensure collection
and payment of the tax. Such sellers shall be issued, without
charge, permits to collect tax subject to any regulations which
the director shall prescribe. When so authorized, it shall
be the duty of foreign sellers to collect the tax upon all
tangible personal property sold, to the retailer's knowledge,
for use within this state, in the same manner and subject to
the same requirements as a retailer maintaining a place of
business within this state. The authority and permit may be
canceled when, at any time, the director considers the security
inadequate, or that tax can more effectively be collected from
the person using property in this state.
2. The discretionary power granted in this section
subsection 1 is extended to apply in the case of foreign
retailers furnishing services enumerated in section 423.2.
Sec. 122. Section 432.12A, Code 2015, is amended to read as
follows:
432.12A Historic preservation and cultural and entertainment
district tax credit.
The taxes imposed under this chapter shall be reduced by a
historic preservation and cultural and entertainment district
tax credit allowed under section 404A.2 chapter 404A.
Sec. 123. Section 445.37, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. However Notwithstanding paragraph "a", if there is a
delay in the delivery of the tax list referred to in chapter
443 to the county treasurer, the amount of ad valorem taxes
and manufactured or mobile home taxes due shall become
delinquent thirty days after the date of delivery or on the
delinquent date of the first installment, whichever date
occurs later. The delay shall not affect the due dates for
special assessments and rates or charges. The delinquent
date for special assessments and rates or charges is the
same as the first installment delinquent date for ad valorem
taxes, including any extension, in absence of a statute to the
contrary.
Sec. 124. Section 452A.3, subsection 3, Code 2015, is
amended to read as follows:
3. An excise tax of seventeen cents is imposed on each
gallon of E=85 gasoline as defined in section 214A.1, subject
to the determination provided in subsection 4.
Sec. 125. Section 452A.8, subsection 1, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
For the purpose of determining the amount of the supplier's,
restrictive supplier's, or importer's tax liability, a supplier
or restrictive supplier shall file a return, not later than
the last day of the month following the month in which this
division becomes effective and not later than the last day of
each calendar month thereafter, and an importer shall file a
return semimonthly with the department, signed under penalty
for false certification. For an importer for the reporting
period from the first day of the month through the fifteenth of
the month, the return is due on the last day of the month. For
an importer for the reporting period from the sixteenth of the
month through the last day of the month, the return is due on
the fifteenth day of the following month. The returns shall
include the following:
Sec. 126. Section 452A.8, subsection 2, paragraph e,
subparagraph (2), Code 2015, is amended to read as follows:
(2) The tax for compressed natural gas, liquefied natural
gas, and liquefied petroleum gas delivered by a licensed
dealer for use in this state shall attach at the time of
the delivery and shall be collected by the dealer from the
consumer purchaser and paid to the department as provided in
this chapter. The tax, with respect to compressed natural gas,
liquefied natural gas, and liquefied petroleum gas acquired by
a consumer purchaser in any manner other than by delivery by
a licensed dealer into a fuel supply tank of a motor vehicle,
attaches at the time of the use of the fuel and shall be paid
over to the department by the consumer purchaser as provided in
this chapter.
Sec. 127. Section 452A.8, subsection 2, paragraph e,
subparagraph (3), Code 2015, is amended to read as follows:
(3) The department shall adopt rules governing the
dispensing of compressed natural gas, liquefied natural gas,
and liquefied petroleum gas by licensed dealers and licensed
users. The director may require by rule that reports and
returns be filed by electronic transmission. The department
shall require that all pumps located at dealer locations and
user locations through which liquefied petroleum gas can be
dispensed shall be metered, inspected, tested for accuracy, and
sealed and licensed by the department of agriculture and land
stewardship, and that fuel delivered into the fuel supply tank
of any motor vehicle shall be dispensed only through tested
metered pumps and may be sold without temperature correction
or corrected to a temperature of 60 degrees Fahrenheit. If
the metered gallonage is to be temperature=corrected, only a
temperature=compensated meter shall be used. Natural gas used
as fuel shall be delivered into compressing equipment through
sealed meters certified for accuracy by the department of
agriculture and land stewardship.
Sec. 128. Section 452A.8, subsection 2, paragraph e,
subparagraph (5), subparagraph division (a), Code 2015, is
amended to read as follows:
(a) For the purpose of determining the amount of liability
for fuel tax, each dealer and each user shall file with the
department not later than the last day of the month following
the month in which this division becomes effective and not
later than the last day of each calendar month thereafter
a monthly tax return certified under penalties for false
certification. The return shall show, with reference to each
location at which fuel is delivered or placed by the dealer or
user into a fuel supply tank of any motor vehicle during the
next preceding calendar month, information as required by the
department.
Sec. 129. Section 452A.62, subsection 1, paragraph a,
subparagraph (2), Code 2015, is amended to read as follows:
(2) A licensed compressed natural gas, liquefied natural
gas, or liquefied petroleum gas dealer, user, or person
supplying compressed natural gas, liquefied natural gas, or
liquefied petroleum gas to a licensed compressed natural gas,
liquefied natural gas, or liquefied petroleum gas dealer or
user.
Sec. 130. Section 452A.74, subsection 2, Code 2015, is
amended to read as follows:
2. Any delivery of compressed natural gas, liquefied
natural gas, or liquefied petroleum gas to a compressed natural
gas, liquefied natural gas, or liquefied petroleum gas dealer
or user for the purpose of evading the state tax on compressed
natural gas, liquefied natural gas, or liquefied petroleum gas,
into facilities other than those licensed above under this
chapter knowing that the fuel will be used for highway use
shall constitute a violation of this section. Any compressed
natural gas, liquefied natural gas, or liquefied petroleum
gas dealer or user for purposes of evading the state tax on
compressed natural gas, liquefied natural gas, or liquefied
petroleum gas, who allows a distributor to place compressed
natural gas, liquefied natural gas, or liquefied petroleum gas
for highway use in facilities other than those licensed above
under this chapter, shall also be deemed in violation of this
section.
Sec. 131. Section 455B.133, subsection 4, paragraph b, Code
2015, is amended by striking the paragraph.
Sec. 132. Section 455B.198, subsection 1, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
The commission shall adopt rules pursuant to chapter
17A to regulate the discharge of wastewater from water well
drilling sites. The rules shall incorporate the following
considerations:
Sec. 133. Section 455B.198, subsection 4, Code 2015, is
amended by striking the subsection.
Sec. 134. Section 455D.11A, subsection 5, paragraph a, Code
2015, is amended to read as follows:
a. For a waste tire collection or processing site, the
financial assurance instrument for a waste tire collection
site shall provide coverage in an amount which is equivalent
to thirty=five cents per passenger tire equivalent collected
by the site prior to July 1, 1998. The financial assurance
instrument for a waste tire processing site shall provide
coverage in an amount which is equivalent to thirty=five cents
per passenger tire equivalent collected for processing by the
site which is above the three=day processing supply of tires
for the site as determined by the department. This paragraph
shall take effect July 1, 1999.
Sec. 135. Section 455D.11A, subsection 8, Code 2015, is
amended by striking the subsection.
Sec. 136. Section 455D.19, subsection 6, Code 2015, is
amended to read as follows:
6. a. By July 1, 1992, a A manufacturer or distributor
of packaging or packaging components shall make available
to purchasers, to the department, and to the general public
upon request, certificates of compliance which state that
the manufacturer's or distributor's packaging or packaging
components comply with, or are exempt from, the requirements of
this section.
b. If the manufacturer or distributor of the package or
packaging component reformulates or creates a new package or
packaging component, the manufacturer or distributor shall
provide an amended or new certificate of compliance for the
reformulated or new package or packaging component.
Sec. 137. Section 455E.11, subsection 2, paragraph b,
subparagraph (3), subparagraph division (b), subparagraph
subdivision (i), Code 2015, is amended to read as follows:
(i) A county applying for grants under this subparagraph
division shall submit only one application. To be eligible
for a grant, a county must have adopted standards for private
water supply and private disposal facilities at least as
stringent as the standards adopted by the commission. During
each fiscal year, the amount granted each eligible applicant
shall be the total funds available divided by the number of
eligible counties applying. Upon receipt of the grant, the
county may apply the funds to any one or more of the above three
county=based programs for the testing of private rural water
supply wells, private rural water supply well sealing, and the
proper closure of private rural abandoned wells and cisterns.
Sec. 138. Section 456A.16, Code 2015, is amended to read as
follows:
456A.16 Income tax refund checkoff for fish and game
protection fund.
1. A person who files an individual or a joint income tax
return with the department of revenue under section 422.13
may designate any amount to be paid to the state fish and
game protection fund. If the refund due on the return or the
payment remitted with the return is insufficient to pay the
additional amount designated by the taxpayer to the state
fish and game protection fund, the amount designated shall be
reduced to the remaining amount of refund or the remaining
amount remitted with the return.
2. The revenues received shall be used within the state
of Iowa for habitat development and shall be deposited in the
state fish and game protection fund. The revenue may be used
for the matching of federal funds. The revenues and matched
federal funds may be used for acquisition of land, leasing of
land or obtaining of easements from willing sellers for use of
land as wildlife habitats for game and nongame species. Not
less than fifty percent of the funds derived from the checkoff
shall be used for the purposes of preserving, protecting,
perpetuating and enhancing nongame wildlife in this state.
Nongame wildlife includes those animal species which are
endangered, threatened or not commonly pursued or killed either
for sport or profit. Notwithstanding the exemption in section
427.1, the land acquired with the revenues and matched federal
funds is subject to the full consolidated levy of property
taxes which shall be paid from those revenues. In addition
the revenues may be used for the development and enhancement
of wildlife lands and habitat areas and for research and
management necessary to qualify for federal funds.
3. The director of revenue shall draft the income tax form
to allow the designation of contributions to the state fish and
game protection fund on the tax return.
4. The department of revenue on or before January 31 of
the year following the preceding calendar year shall certify
the total amount designated on the tax return forms due in the
preceding calendar year and shall report the amount to the
state treasurer. The state treasurer shall credit the amount
to the state fish and game protection fund.
5. The general assembly shall appropriate annually from
the state fish and game protection fund the amount credited to
the fund from the checkoff to the department for the purposes
specified in this section.
6. The action taken by a person for the checkoff is
irrevocable.
7. The department shall adopt rules pursuant to chapter 17A
to implement this section. However, before a checkoff pursuant
to this section shall be permitted, all liabilities on the
books of the department of administrative services and accounts
identified as owing under section 8A.504 and the political
contribution allowed under section 68A.601 shall be satisfied.
Sec. 139. Section 456A.27, Code 2015, is amended to read as
follows:
456A.27 Federal wildlife Act ==== assent.
The state of Iowa assents to the provisions of the Act of
Congress entitled "An Act To Provide That The United States
Shall Aid The States In Wildlife Restoration Projects, And For
Other Purposes", approved September 2, 1937, 50 Stat. 917,
codified at 16 U.S.C. {669 = 669k, and the department may
perform acts as necessary to the conduct and establishment
of cooperative wildlife restoration projects, as defined in
the Act of Congress, in compliance with the Act and with
regulations promulgated by the secretary of agriculture under
the Act. No funds accruing to the state of Iowa from license
fees paid by hunters shall be diverted for any other purpose
than as set out in sections 456A.17 and 456A.19.
Sec. 140. Section 456A.28, Code 2015, is amended to read as
follows:
456A.28 Fish restoration projects.
The state of Iowa assents to the provisions of the Act of
Congress entitled "An Act To Provide That The United States
Shall Aid The States In Fish Restoration Projects, And For
Other Purposes", approved August 9, 1950, Pub. L. No. 681 Ch.
658, 64 Stat. 430, codified at 16 U.S.C. {777 = 777n, and the
department may perform acts as necessary to the conduct and
establishment of cooperative fish restoration projects, as
defined in the Act of Congress, in compliance with the Act and
with regulations promulgated by the secretary of the interior
under the Act. No funds accruing to the state of Iowa from
fishing license fees shall be diverted for any other purposes
than as set out in sections 456A.17 and 456A.19.
Sec. 141. Section 459.102, subsection 57, Code 2015, is
amended to read as follows:
57. "Swine farrow=to=finish operation" means a confinement
feeding operation in which porcine animals are produced and in
which a primary portion of the phases of the production cycle
are conducted at one confinement feeding operation. Phases of
the production cycle include but are not limited to gestation,
farrowing, growing, and finishing.
Sec. 142. Section 461A.57, Code 2015, is amended to read as
follows:
461A.57 Penalties.
Any Unless another punishment is provided, any person
violating any of the provisions of sections 461A.36 to through
461A.41, 461A.43, and 461A.45 to through 461A.56 is guilty of a
simple misdemeanor.
Sec. 143. Section 468.3, subsections 2, 6, and 8, Code 2015,
are amended to read as follows:
2. Within the meaning of this subchapter, parts 1 through 5
and 7, and subchapter II, part 1, the term "board" shall embrace
the board of supervisors, the joint boards of supervisors in
case of intercounty levee or drainage districts, and the board
of trustees in case of a district under trustee management.
6. The term "engineer" and the term or "civil engineer",
within the meaning of this subchapter, parts 1 through 5 and
7, subchapter II, parts 1, 4, 5, and 6, and subchapter V, shall
mean a person licensed as a professional engineer under the
provisions of chapter 542B.
8. For the purpose of this subchapter, parts 1 through 5
and 7, and with reference to improvements along or adjacent
to the Missouri river, the word "levee" shall be construed to
include, in addition to its ordinary and accepted meaning,
embankments, revetments, retards, or any other approved system
of construction which may be deemed necessary to adequately
protect the banks of any river or stream, within or adjacent to
any county, from wash, cutting, or erosion.
Sec. 144. Section 468.49, Code 2015, is amended to read as
follows:
468.49 Classification as basis for future assessments.
1. A classification of land for drainage, erosion or flood
control purposes, when finally adopted, shall remain the
basis of all future assessments for the purpose of said the
district unless revised by the board in the manner provided
for reclassification, except that. However, where land
included in said classification has been destroyed, in whole
or in part, by the erosion of a river, or where additional
right=of=way has been subsequently taken for drainage purposes,
said the land which has been so eroded and carried away by
the action of a river or which has been taken for additional
right=of=way, may be removed by said the board from said the
district as classified, without any reclassification, and no
assessment shall thereafter be made on the land so removed.
Any deficiency in assessment existing as the result of said
action of the board shall be spread by it over the balance
of lands remaining in said district in the same ratio as was
fixed in the classification of the lands, payable at the next
taxpaying period.
2. Except districts established by mutual agreement in
accordance with section 468.142 in the event any forty=acre
tract or less, or any lot, tract, or parcel, as set forth in
the existing classification or reclassification of any drainage
district now or hereafter established, is divided into two or
more tracts, whether such division is by sale or condemnation
or platted as a subdivision, the classification of the original
tract shall be apportioned to the resulting parcels, regardless
of use, except for land taken for additional drainage
right=of=way. The classification of the original tract may be
apportioned between the resulting parcels by agreement between
the parties to such division. The parties shall file with the
county auditor a written agreement setting forth the original
description and the description of the tracts as subdivided and
the percentage of the original classification apportioned to
each. This agreement shall bear the signature of all of the
parties to such the subdivision. The agreement contemplated
herein may be contained in the deed or other instrument
effecting the division of the land, which agreement shall be
binding upon the grantee or grantees by their acceptance of
such instrument and their signatures shall not be necessary.
The auditor shall enter this agreement in the drainage record
and amend the current classification of the district in
accordance with such the agreement.
3. In the event the parties to such the subdivision cannot
agree as to the apportionment of the percentage classification,
the board of supervisors shall, upon application of either
party, appoint a commission having the qualifications of
commissioners, in accordance with section 468.38. The
commissioners shall inspect the lands involved and apportion
the existing classification of the original tract equitably and
fairly to each of the several tracts as subdivided and. The
board shall make a full, accurate, and detailed report thereof
and file the same report with the county auditor within the
time set by the board. The report of the commissioners shall
set forth the names of the owners thereof, the description
of each of the tracts and the percentage of the original
classification that each such tract shall bear for main ditches
and settling basins, for laterals, for levees and pumping
station. Thereafter all the proceedings in relation thereto as
to notice of hearing and fixing of percentage benefits shall
be as in this subchapter, parts 1 through 5 and 7, provided
in relation to original classification and assessments, and
at such hearing, the board may affirm, increase or diminish
the percentage of benefits so as to make them just and
equitable, and cause the record of the existing classification,
percentage of benefits or assessments, or both, to be modified
accordingly. In the event the parties neither agree as to the
apportionment of classification nor make application for the
appointment of commissioners, then the auditor of the county
in which the land is situated shall make such apportionment
upon an equitable basis and enter the same of record as herein
provided. No tract of land included within the boundary of any
drainage district shall be exempt from drainage assessments or
reassessments, except as herein provided.
Sec. 145. Section 468.206, Code 2015, is amended to read as
follows:
468.206 Notice and hearing.
If upon consideration of the plan or amended plan and the
report or reports of the engineer and the commitments involved
in the adoption of the plan the board finds that the district
will benefit therefrom or the purposes for which the district
was established will be promoted thereby, the board shall adopt
the same as a tentative plan, entering enter an order to that
effect, and fixing fix a date for hearing thereon not less
than thirty days thereafter and directing direct the auditor
to cause notice to be given of such hearing as hereinafter
provided in section 468.207.
Sec. 146. Section 468.209, unnumbered paragraph 1, Code
2015, is amended to read as follows:
If the board, after consideration of the subject matter,
including all objections filed to the adoption of the plan and
all claims for damages, shall find that the district will be
benefited by adoption of the plan or the purposes for which
the district was established is furthered thereby by the plan,
they shall enter an order approving and adopting such the final
plan. Such The order shall have the effect of:
Sec. 147. Section 468.220, Code 2015, is amended to read as
follows:
468.220 Occupancy and use permitted ==== assessments paid.
1. Any levee or drainage district organized, or in the
process of being organized, under the laws of this state may
occupy and use for any lawful levee or drainage purpose land
owned by the state of Iowa, upon first obtaining permission to
do so from the state or state agency controlling the same land.
2. In the case of lands lying within the beds of meandered
streams and border streams the permission shall be obtained
from the natural resource commission of the department of
natural resources. In the case of lands that are not under
the control of no any office or agency of the state, then the
permission shall be obtained from the executive council.
3. Such permission shall not be unreasonably withheld and
shall be in the form of an easement executed by the governor
or in the case of an agency, by the chairperson or presiding
officer thereof, and when once granted shall be perpetual,
except that if no use is made of the same easement for a period
of five years such, the permission shall immediately thereafter
expire.
4. All uses and occupancies as contemplated by this section
existing on July 4, 1961, are hereby legalized.
5. The state of Iowa, its agencies and subdivisions shall be
financially responsible for drainage and special assessments
against land which they own, or hold title to, within existing
drainage districts.
Sec. 148. Section 468.262, Code 2015, is amended to read as
follows:
468.262 Purpose.
The provisions of this part apply to drainage or levee
districts, governed by a board of supervisors, joint boards
of supervisors, or board of trustees, as provided in section
468.3, when such districts participate in a merger.
Sec. 149. Section 468.269, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. The board must approve a report by an engineer
appointed by the board as provided in this part 1 stating
those improvements directly benefiting land situated in the
participating dominant servient district were made within the
five=year period provided in subsection 2.
Sec. 150. Section 468.540, Code 2015, is amended to read as
follows:
468.540 Refunding bonds.
The board of supervisors of any county may extend the time of
the payment of any of its outstanding drainage bonds issued in
anticipation of the collection of drainage assessments levied
upon property within a drainage district, and may extend the
time of payment of any unpaid assessment, or any installment or
installments thereof, and. The board may renew or extend the
time of payment of such legal bonded indebtedness, or any part
thereof, for account of such drainage district, and may refund
the same and issue drainage refunding bonds therefor subject to
the limitation and in the manner hereinafter provided.
Sec. 151. Section 468.544, Code 2015, is amended to read as
follows:
468.544 Requirements of notice.
Said The notice shall be directed to each person whose name
appears upon the transfer books in the auditor's office as
owner of lands within said the drainage district upon which
said the drainage assessments are unpaid, naming the owner, and
also to the person or persons in actual occupancy of any of
said the tracts of land without naming them, and. The notice
shall also state the all of the following:
1. The amount of unpaid assessments upon each forty=acre
tract of land or less., and that
2. That all of said the unpaid assessments, installment or
installments thereof as proposed to be extended, may be paid on
or before the time fixed for said the hearing., and that
3. That after the expiration of such time no assessments may
be paid except in the manner and at the times fixed by the board
in the resolution authorizing the issuance of said the drainage
refunding bonds.
Sec. 152. Section 476.20, subsection 2, Code 2015, is
amended to read as follows:
2. The board shall establish rules requiring a regulated
public utility furnishing gas or electricity to include in
the utility's notice of pending disconnection of service a
written statement advising the customer that the customer
may be eligible to participate in the low income home energy
assistance program or weatherization assistance program
administered by the division of community action agencies of
the department of human rights. The written statement shall
list the address and telephone number of the local agency
which is administering the customer's low income home energy
assistance program and the weatherization assistance program.
The written statement shall also state that the customer
is advised to contact the public utility to settle any of
the customer's complaints with the public utility, but if a
complaint is not settled to the customer's satisfaction, the
customer may file the complaint with the board. The written
statement shall include the address and phone number of the
board. If the notice of pending disconnection of service
applies to a residence, the written statement shall advise
that the disconnection does not apply from November 1 through
April 1 for a resident who is a "head of household", as defined
by law in section 422.4, and who has been certified to the
public utility by the local agency which is administering the
low income home energy assistance program and weatherization
assistance program as being eligible for either the low
income home energy assistance program or weatherization
assistance program, and that if such a resident resides within
the serviced residence, the customer should promptly have
the qualifying resident notify the local agency which is
administering the low income home energy assistance program and
weatherization assistance program. The board shall establish
rules requiring that the written notice contain additional
information as it deems necessary and appropriate.
Sec. 153. Section 476.29, subsection 3, Code 2015, is
amended to read as follows:
3. A certificate is transferable, subject to approval of the
board pursuant to section 476.20, subsection 1, paragraph "a".
Sec. 154. Section 476.96, unnumbered paragraph 1, Code
2015, is amended to read as follows:
As used in sections 476.95, 476.100, and 476.101, unless the
context otherwise requires:
Sec. 155. Section 478.15, Code 2015, is amended to read as
follows:
478.15 Eminent domain ==== procedure ==== entering on land ====
reversion on nonuse.
1. Any person, company, or corporation having secured a
franchise as provided in this chapter, shall thereupon be
vested with the right of eminent domain to such extent as the
utilities board may approve, prescribe and find to be necessary
for public use, not exceeding one hundred feet in width for
right=of=way and not exceeding one hundred sixty acres in any
one location, in addition to right=of=way, for the location
of electric substations to carry out the purposes of said
franchise; provided however, that where two hundred K V lines
or higher voltage lines are to be constructed, the person,
company, or corporation may apply to the board for a wider
right=of=way not to exceed two hundred feet, and the board
may for good cause extend the width of such right=of=way for
such lines to the person, company, or corporation applying for
the same. The burden of proving the necessity for public use
shall be on the person, company, or corporation seeking the
franchise. A homestead site, cemetery, orchard, or schoolhouse
location shall not be condemned for the purpose of erecting
an electric substation. If agreement cannot be made with the
private owner of lands as to damages caused by the construction
of said transmission line, or electric substations, the same
proceedings shall be taken as provided for taking private
property for works of internal improvement.
2. Any person, company, or corporation proposing to
construct a transmission line or other facility which involves
the taking of property under the right of eminent domain
and desiring to enter upon the land, which it proposes to
appropriate, for the purpose of examining or surveying the
same, shall first file with the utilities board, a written
statement under oath setting forth the proposed routing of
the line or facility including a description of the lands to
be crossed, the names and addresses of owners, together with
request that a permit be issued by said the board authorizing
said the person, company, or corporation or its duly appointed
representative to enter upon the land for the purpose of
examining and surveying and to take and use thereon on the
land any vehicle and surveying equipment necessary in making
the survey. Said The board shall within ten days after said
the request issue a permit, accompanied by such bond in such
amount as the board shall approve, to the person, company, or
corporation making said the application, if in its the board's
opinion the application is made in good faith and not for the
purpose of harassing the owner of the land. If the board is
of the opinion that the application is not made in good faith
or made for the purpose of harassment to the owner of said the
land it the board shall set the matter for hearing and it. The
matter shall be heard not more than twenty days after filing
said the application. Notice of the time and place of hearing
shall be given by said the board, to the owner of said the land
by registered mail with a return receipt requested, not less
than ten days preceding the date of hearing.
3. Any person, company or corporation that has obtained
a permit in the manner herein prescribed in this section may
enter upon said the land or lands, as above provided in this
section, and shall be liable for actual damages sustained in
connection with such entry. An action in damages shall be the
exclusive remedy.
4. If an electric transmission line right=of=way, or any
part thereof, is wholly abandoned for public utility purposes
by the relocation of the transmission lines, is not used or
operated for a period of five years, or if its construction has
been commenced and work has ceased and has not in good faith
been resumed for five years, the right=of=way shall revert
to the person or persons who, at the time of the abandonment
or reversion, are the owners of the tract from which such
the right=of=way was taken. Following such abandonment of
right=of=way, the owner or holder of purported fee title
to such the real estate may serve notice upon the owner of
such the right=of=way easement, or the owner's successor in
interest, and upon any party in possession of said the real
estate, a written notice which shall accurately describe the
real estate in question, set out the facts concerning ownership
of the fee, ownership of the right=of=way easement, and the
period of abandonment, and notify said the parties that such
reversion shall be complete and final, and that the easement or
other right shall be forfeited, unless said the parties shall,
within one hundred twenty days after the completed service
of notice, file an affidavit with the county recorder of the
county in which the real estate is located disputing the facts
contained in said the notice.
5. Said The notice shall be served in the same manner as
an original notice under the Iowa rules of civil procedure,
except that when notice is served by publication no affidavit
therefor shall be required before publication. If no affidavit
disputing the facts contained in the notice is filed within
one hundred twenty days, the party serving the notice may file
for record in the office of the county recorder a copy of the
notice with proofs of service attached thereto or endorsed
thereon, and when so recorded, the record shall be constructive
notice to all persons of the abandonment, reversion, and
forfeiture of such the right=of=way.
Sec. 156. Section 478.31, Code 2015, is amended to read as
follows:
478.31 Temporary permits for lines less than one mile.
1. Notwithstanding the provisions of section 478.1, any
person, company, or corporation proposing to construct an
electric transmission line not exceeding one mile in length
and which does not involve the taking of property under the
right of eminent domain may obtain a temporary construction
permit from the utilities board by proceeding in the manner
hereinafter set forth in this section. Said The person,
company, or corporation shall first file with the board a
verified petition setting forth the requirements of section
478.3, subsection 1, paragraphs "a" through "h", with the
further allegation that the petitioner is the nearest electric
utility to the proposed point of service.
2. The petition shall also state that the filing thereof
constitutes an application for a temporary construction
permit and shall also have endorsed thereon the approval of
the appropriate highway authority or railroad concerned if
such line is to be constructed over, across or along a public
highway or railroad.
3. Upon receipt of such the petition the utilities board
shall consider same and may grant a temporary construction
permit in whole or in part or upon such terms, conditions and
restrictions, and with such modifications as to location as may
seem to it just and proper, however, no. A finding of public
use will shall not be made at the time of the issuance of the
permit, such finding to but shall be made, if substantiated by
petitioner, at the subsequent consideration of the propriety
of granting a franchise for the line subject to the permit.
The signature of one utilities board member on such the
permit shall be sufficient. The issuance of such the permit
shall constitute temporary authority for the permit holder to
construct the line for which the permit is granted.
4. Upon the granting of such temporary construction permit
the utilities board shall cause the publication of notice
required by section 478.5 and all other requirements shall be
complied with as in the manner provided for the granting of a
franchise. If a hearing is required then the petitioner shall
make a sufficient and proper showing thereat before a franchise
will be issued for the line. Any franchise issued will be
subject to all applicable provisions of this chapter.
5. Notwithstanding anything foregoing subsections 1 through
4, if the utilities board shall determine that a franchise
should not be granted, or that further restrictions, conditions
or modifications are required, or if the petitioner shall fail
to make a sufficient and proper showing of the necessity for
the granting of a franchise within six months of the granting
of the temporary construction permit, the permit issued
hereunder shall become null and void and the permit holder may
be required to take such action deemed necessary by the board
to remove, modify or relocate the construction undertaken by
virtue of the temporary permit issued hereunder.
Sec. 157. Section 481A.22, Code 2015, is amended to read as
follows:
481A.22 Field and retriever meets ==== permit required.
1. a. All officially sanctioned field meets or trials
and retriever meets or trials where the skill of dogs is
demonstrated in pointing, retrieving, trailing, or chasing any
game bird, game animal, or fur=bearing animal shall require
a field trial permit. Except as otherwise provided by law,
it shall be unlawful to kill any wildlife in such events.
Notwithstanding the provisions of section 481A.21 it shall
be lawful to hold field meets or trials and retriever meets
or trials where dogs are permitted to work in exhibition or
contest whereby the skill of dogs is demonstrated by retrieving
dead or wounded game birds which have been propagated by
licensed game breeders within the state or secured from lawful
sources outside the state and lawfully brought into the state.
All such of the birds must be released on the day of trials on
premises where the trials are held.
b. Such Any birds released may be shot by official guns
after having secured a permit as herein provided in this
section.
c. Such The permits may be issued by the director of the
department upon proper application and the payment of a fee
of two dollars for each trial held. A representative of the
department shall attend all such trials and enforce the laws
and regulations governing same.
2. The person or persons designated by the committee in
charge to do the shooting for such the trials shall be known
as the official guns, and no other person shall be permitted
to kill or attempt to kill any of the birds released for such
trials.
3. Before any birds are released under this section, they
must each have attached a tag provided by the department and
attached by a representative of the department at a cost of
not more than ten cents for each tag. All tags are to remain
attached to birds until prepared for consumption.
4. It is unlawful for any person to hold, conduct, or to
participate in a field or retriever trial before the permit
required by this section has been secured or for any person to
possess or remove from the trial grounds any birds which have
not been tagged as herein in this section required.
Sec. 158. Section 490.1302, subsection 2, paragraph a,
subparagraph (3), Code 2015, is amended to read as follows:
(3) Issued by an open=end management investment company
registered with the United States securities and exchange
commission under the federal Investment Company Act of 1940,
15 U.S.C. {80a=1 et seq., and may be redeemed at the option of
the holder at net asset value.
Sec. 159. Section 490.1402, subsection 2, paragraph a,
subparagraph (2), Code 2015, is amended to read as follows:
(2) If paragraph "a", subparagraph (1), subparagraph
division (a) or (2) (b), applies, it must communicate the basis
for so proceeding.
Sec. 160. Section 491.3, subsection 6, Code 2015, is amended
to read as follows:
6. To make contracts, and acquire and transfer property
==== property, possessing the same powers in such respects as
natural persons.
Sec. 161. Section 491.23, Code 2015, is amended to read as
follows:
491.23 Dissolution ==== filing a statement with secretary of
state.
A corporation may be dissolved prior to the period fixed
in the articles of incorporation, by unanimous consent, or
in accordance with the provisions of its articles, and if a
statement swearing to the dissolution, signed by the officers
of such corporation, is filed with the secretary of state. A
recording fee of one dollar shall apply to the filing of the
statement.
Sec. 162. Section 502A.4, subsection 1, paragraph e, Code
2015, is amended to read as follows:
e. A commodity contract under which the offeree or the
purchaser is a person under section 502A.3, an insurance
company, an investment company as defined in the federal
Investment Company Act of 1940, 15 U.S.C. {80a=1 et seq., or
an employee pension and profit sharing or benefit plan other
than a self=employed individual retirement plan, or individual
retirement account.
Sec. 163. Section 511.8, subsection 22, paragraph i,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
Securities held in the legal reserve of a life insurance
company or association and pledged as collateral for financial
instruments used in hedging transactions shall continue
to be eligible for inclusion in the legal reserve of the
life insurance company or association subject to all of the
following:
Sec. 164. Section 511.8, subsection 22, paragraph i,
subparagraph (3), Code 2015, is amended to read as follows:
(3) Securities pledged as collateral for financial
instruments used in hedging transactions that the life
insurance company or association does not report as highly
effective hedging transactions, together with securities
pledged to a counterparty, clearing organization, or
clearinghouse on an upfront basis in the form of initial
margin, independent amount, or other securities pledged as a
precondition of entering into hedging transactions pursuant to
subparagraph (1) that the life insurance company or association
does not report as highly effective hedging transactions
pursuant to subparagraph (1), are not eligible in excess of
three percent of the legal reserve of the life insurance
company or association, less any financial instruments used
in hedging transactions held in the legal reserve under this
subsection.
Sec. 165. Section 515.103, subsection 11, Code 2015, is
amended by striking the subsection.
Sec. 166. Section 517.2, Code 2015, is amended to read as
follows:
517.2 Terms defined.
As used in this chapter, unless the context otherwise
requires:
1. a. The term "earned premiums" as used herein "Earned
premiums" shall include gross premiums charged on all policies
written, including all determined excess and additional
premiums, less returned premiums, other than premiums returned
to policyholders as dividends, and less reinsurance premiums
and premiums on policies canceled, and less unearned premiums
on policies in force.
b. Any participating company which has charged in its
premiums a loading solely for dividends shall not be required
to include such loading in its earned premiums, provided a
statement of the amount of such loading has been filed with and
approved by the commissioner of insurance.
2. The term "compensation" as used in this chapter
"Compensation" shall relate to all insurances affected by virtue
of statutes providing compensation to employees for personal
injuries irrespective of fault of the employer.
3. The term "liability" "Liability" shall relate to all
insurance, except compensation insurance, against loss or
damage from accident to or injuries suffered by an employee or
other person and for which the insured is liable.
4. The terms "loss payments" "Loss payments" and "loss
expense payments" as used herein shall include all payments
to claimants, including payments for medical and surgical
attendance, legal expenses, salaries and expenses of
investigators, and field personnel, rents, stationery,
telegraph and telephone charges, postage, salaries and expenses
of office employees, home office expenses, and all other
payments made on account of claims, whether such payments shall
be allocated to specific claims or unallocated.
Sec. 167. Section 517.3, Code 2015, is amended to read as
follows:
517.3 Distribution of unallocated payments.
1. a. All unallocated liability loss expense payments made
in a given calendar year subsequent to the first four years in
which an insurer has been issuing liability policies shall be
distributed as follows:
(1) Thirty=five percent shall be charged to the policies
written in that year., forty
(2) Forty percent to the policies written in the preceding
year., ten
(3) Ten percent to the policies written in the second year
preceding, ten percent to the policies written in the third
year preceding., and five
(4) Five percent to the policies written in the fourth year
preceding., and such
b. The payments made in each of the first four calendar
years in which an insurer issues liability policies shall be
distributed as follows:
(1) In the first calendar year one hundred percent shall be
charged to the policies written in that year., in
(2) In the second calendar year fifty percent shall be
charged to the policies written in that year and fifty percent
to the policies written in the preceding year., in
(3) In the third calendar year forty percent shall be
charged to the policies written in that year, forty percent to
the policies written in the preceding year, and twenty percent
to the policies written in the second year preceding., and in
(4) In the fourth calendar year thirty=five percent shall
be charged to the policies written in that year, forty percent
to the policies written in the preceding year, fifteen percent
to the policies written in the second year preceding, and ten
percent to the policies written in the third year preceding.,
and a
c. A schedule showing such distribution shall be included
in the annual statement.
2. a. All unallocated compensation loss expense payments
made in a given calendar year subsequent to the first three
years in which an insurer has been issuing compensation
policies shall be distributed as follows:
(1) Forty percent shall be charged to the policies written
in that year., forty=five
(2) Forty=five percent to the policies written in the
preceding year., ten
(3) Ten percent to the policies written in the second year
preceding. and five
(4) Five percent to the policies written in the third year
preceding., and such
b. The payments made in each of the first three calendar
years in which an insurer issues compensation policies shall be
distributed as follows:
(1) In the first calendar year one hundred percent shall be
charged to the policies written in that year., in
(2) In the second calendar year fifty percent shall be
charged to the policies written in that year and fifty percent
to the policies written in the preceding year., in
(3) In the third calendar year forty=five percent shall
be charged to the policies written in that year, forty=five
percent to the policies written in the preceding year and ten
percent to the policies written in the second year preceding.,
and a
c. A schedule showing such distribution shall be included
in the annual statement.
3. Whenever, in the judgment of the commissioner of
insurance, the liability or compensation loss reserves of any
insurer under the commissioner's supervision, calculated in
accordance with the foregoing provisions, are inadequate, the
commissioner may, in the commissioner's discretion, require
such insurer to maintain additional reserves based upon
estimated individual claims or otherwise.
Sec. 168. Section 518A.1, subsection 2, paragraph a, Code
2015, is amended to read as follows:
a. An application on blanks furnished by the association and
signed by the insured or the insured's representative, which
may contain in addition to other provisions: the
(1) The value of the property., the
(2) The proper description thereof, the of the property.
(3) The amount of other insurance and the encumbrance
thereon, and agreement on the property.
(4) Agreement to be governed by the articles of
incorporation and bylaws in force at the time the policy is
issued., a
(5) A representation that the foregoing statements are true
as far as the same are known to the insured or material to the
risk., and that
(6) That the insurance shall take effect when approved by
the secretary.
Sec. 169. Section 523I.312, subsection 2, paragraph n, Code
2015, is amended to read as follows:
n. Include an explanation of regulatory oversight by
the insurance division in twelve point boldface type, in
substantially the following language:
This agreement is subject to rules administered by the Iowa
insurance division. You may call the insurance division with
inquiries or complaints at (515)281=5705 (insert telephone
number). Written inquiries or complaints should be mailed
to: Iowa Securities and Regulated Industries Bureau, 330 Maple
Street, Des Moines, Iowa 50319 (insert address).
Sec. 170. Section 533.301, subsection 5, paragraph i,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
Corporate bonds as defined by and subject to terms and
conditions imposed by the superintendent, provided that the
superintendent shall not approve investment in corporate bonds
unless the bonds are investment grade. For purposes of this
paragraph, "investment grade" means the issuer of a security
has an adequate capacity to meet the financial commitments
under the security for the projected life of the asset or
exposure, even under adverse economic conditions. An issuer
has an adequate capacity to meet the financial commitments of
a security if the risk of default by the obligor is low and
the full and timely repayment of principal and interest on the
security is expected. A state credit union may consider any
or all of the following nonexhaustive or nonmutually exclusive
factors, to the extent appropriate, with respect to the credit
risk of a security:
Sec. 171. Section 536.1, subsections 4 and 5, Code 2015, are
amended to read as follows:
4. A person who enters into less than ten supervised loans
per year in this state and who neither has an office physically
located in this state nor engages in face=to=face solicitation
in this state may contract for and receive the rate of interest
permitted in this chapter for licensees under this chapter. A
"consumer loan" means the same as defined in section 537.1301.
5. For the purposes of this section:, "threshold amount"
a. "Consumer loan" means the same as defined in section
537.1301.
b. "Threshold amount" means the same as defined in section
537.1301.
Sec. 172. Section 537.1301, subsection 26, Code 2015, is
amended to read as follows:
26. "Lender" means a person who makes a loan or, except as
otherwise provided in this Act chapter, a person who takes an
assignment of a lender's right to payment, but use of the term
does not in itself impose on an assignee any obligation of the
lender.
Sec. 173. Section 551A.4, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. The offer or sale of a business opportunity if the
purchaser is a bank, federally chartered savings and loan
association, trust company, insurance company, credit union,
or investment company as defined by the federal Investment
Company Act of 1940, 15 U.S.C. {80a=1 et seq., a pension
or profit=sharing trust, or other financial institution or
institutional buyer, or a broker=dealer registered pursuant to
chapter 502, whether the purchaser is acting for itself or in a
fiduciary capacity.
Sec. 174. Section 554.8110, subsection 5, paragraph a, Code
2015, is amended to read as follows:
a. if an agreement between the securities intermediary
and its entitlement holder governing the securities account
expressly provides that a particular jurisdiction is the
securities intermediary's jurisdiction for purposes of this
part, this Article, or this Act 2000 Iowa Acts, ch. 1149, that
jurisdiction is the securities intermediary's jurisdiction.
Sec. 175. Section 558.1, Code 2015, is amended to read as
follows:
558.1 "Instruments affecting real estate" defined ====
revocation.
All instruments containing a power to convey, or in any
manner relating to real estate, including certified copies of
petitions in bankruptcy with or without the schedules appended,
of decrees of adjudication in bankruptcy, and of orders
approving trustees' bonds in bankruptcy, and a jobs training
agreement entered into under chapter 260E between an employer
and community college which contains a description of the real
estate affected, shall be held to be instruments "instruments
affecting the same; and no such real estate". An instrument
affecting real estate, when acknowledged or certified and
recorded as in this chapter prescribed, can cannot be revoked
as to third parties by any act of the parties by whom it was
executed, until the instrument containing such revocation is
acknowledged and filed for record in the same office in which
the instrument containing such power is recorded, except that
uniform commercial code financing statements and financing
statement changes as provided in chapter 554 need not be thus
acknowledged.
Sec. 176. Section 602.8108, subsection 2, Code 2015, is
amended to read as follows:
2. Except as otherwise provided, the clerk of the district
court shall report and submit to the state court administrator,
not later than the fifteenth day of each month, the fines and
fees received during the preceding calendar month. Except as
provided in subsections 3, 4, 5, 6, 7, 8, 9, 10, and 11, the
state court administrator shall deposit the amounts received
with the treasurer of state for deposit in the general fund of
the state. The state court administrator shall report to the
legislative services agency within thirty days of the beginning
of each fiscal quarter the amount received during the previous
quarter in the account established under this section.
Sec. 177. Section 602.11113, Code 2015, is amended to read
as follows:
602.11113 Bailiffs employed as court attendants.
Persons who were employed as bailiffs and who were
performing services for the court, other than law enforcement
services, immediately prior to the effective date of section
602.6601 July 1, 1983, shall be employed by the district court
administrators as court attendants under section 602.6601 on
the effective date of that section July 1, 1983.
Sec. 178. Section 614.6, unnumbered paragraph 1, Code 2015,
is amended to read as follows:
The period of limitation above described specified in
sections 614.1 through 614.5 shall be computed omitting any
time when:
Sec. 179. Section 614.35, Code 2015, is amended to read as
follows:
614.35 Recording interest.
To be effective and to be entitled to record, the notice
above referred to in section 614.34 shall contain an accurate
and full description of all land affected by such notice which
description shall be set forth in particular terms and not by
general inclusions; but if the claim is founded upon a recorded
instrument, then the description in such notice may be the same
as that contained in such recorded instrument. Such notice
shall be filed for record in the office of the county recorder
of the county or counties where the land described in the
notice is situated. The recorder of each county shall accept
all such notices presented to the recorder which describe land
located in the county in which the recorder serves and shall
enter and record full copies of the notices and shall index the
applicable entries specified in sections 558.49 and 558.52, and
each recorder shall be entitled to charge the same fees for the
recording of the notices as are charged for recording deeds.
In indexing such notices in the recorder's office each recorder
shall enter such notices under the grantee indexes of deeds in
the names of the claimants appearing in such notices.
Sec. 180. Section 633.279, subsection 2, paragraph a, Code
2015, is amended to read as follows:
a. An attested will may be made self=proved at the time of
its execution, or at any subsequent date, by the acknowledgment
thereof by the testator and the affidavits of the witnesses,
each made before a person authorized to administer oaths
and take acknowledgments under the laws of this state, and
evidenced by such person's certificate, under seal, attached
or annexed to the will, in form and content substantially as
follows:
Affidavit
State of...... )
County of...... ) ss
We, the undersigned, ......., ....... and ........., the
testator and the witnesses, respectively, whose names are
signed to the attached or foregoing instrument, being first
duly sworn, declare to the undersigned authority that at the
date of the instrument, we all knew the identity of each other;
the instrument was exhibited to the witnesses by the testator,
who declared it to be the testator's last will and testament
and was signed by the testator or by another at the direction
of the testator at ........, in the County of ......, State
of ......, on the date shown in the instrument, and in the
presence of each other as subscribing witnesses; that we, as
witnesses, declare to the undersigned authority that in our
presence the testator executed and acknowledged such will as
the testator's will and that we, in the testator's presence, at
the testator's request, and in the presence of each other, did
subscribe our names thereto as attesting witnesses on the date
of such will; and that the witnesses were sixteen years of age
or older.
............................
Testator
............................
Witness
............................
Witness
............................
Subscribed, sworn and acknowledged before me by ........, the
testator; and subscribed and sworn before me by ........ and
......., witnesses, this ... day of ...... (month), ... (year)
.............................
Notary Public, or other
Signature of notarial
officer authorized to take
(Stamp) and certify acknowledgments
and administer oaths
[...................]
Title of office
[My commission expires]
Sec. 181. Section 633.304, subsections 2 and 3, Code 2015,
are amended to read as follows:
2. On admission of a will to probate, the executor, as
soon as letters are issued, shall cause notice to be published
once each week for two consecutive weeks in a daily or weekly
newspaper of general circulation published in the county in
which the estate is pending and at. At any time during the
pendency of administration that the executor has knowledge of
the name and address of a person believed to own or possess a
claim which will not or may not be paid or otherwise satisfied
during administration, the executor shall provide notice by
ordinary mail to each such claimant at the claimant's last
known address, and. The executor shall also, as soon as
practicable give notice, except to any executor, by ordinary
mail to the surviving spouse, each heir of the decedent,
and each devisee under the will admitted to probate whose
identities are reasonably ascertainable, at such persons' last
known addresses, that gives notice of admission of the will to
probate and of the appointment of the executor. In the notice
shall be included a notice that any action to set aside the
probate of the will must be brought within the later to occur
of four months from the date of the second publication of the
notice or one month from the date of mailing of this notice
or thereafter be forever barred, a notice to debtors to make
payment, and a notice to creditors having claims against the
estate to file them with the clerk within four months from the
second publication of the notice, or thereafter be forever
barred.
3. The notice shall be substantially in the following form:
NOTICE OF PROBATE OF WILL,
OF APPOINTMENT OF EXECUTOR,
AND NOTICE TO CREDITORS
In the District Court of Iowa
in and for .... County.
Probate No. ....
In the Estate of ......, Deceased
To All Persons Interested in the Estate of ......, Deceased,
who died on or about ...... (date):
You are hereby notified that on the .. day of .... (month),
...... (year), the last will and testament of ........,
deceased, bearing date of the .. day of .... (month), ..
(year), was admitted to probate in the above named court and
that ........ was appointed executor of the estate. Any
action to set aside the will must be brought in the district
court of said county within the later to occur of four months
from the date of the second publication of this notice or one
month from the date of mailing of this notice to all heirs of
the decedent and devisees under the will whose identities are
reasonably ascertainable, or thereafter be forever barred.
Notice is further given that all persons indebted to
the estate are requested to make immediate payment to the
undersigned, and creditors having claims against the estate
shall file them with the clerk of the above named district
court, as provided by law, duly authenticated, for allowance,
and unless so filed by the later to occur of four months from
the date of second publication of this notice or one month from
the date of mailing of this notice (unless otherwise allowed or
paid) a claim is thereafter forever barred.
Dated this .. day of ...... (month), .. (year)
...........
Executor of estate
...........
Address
..........
Attorney for executor
..........
Address
Date of second publication
.. day of ...... (month), .. (year)
(Date to be inserted by publisher)
Sec. 182. Section 633A.3110, subsection 5, Code 2015, is
amended to read as follows:
5. The notice described in subsection 2 shall be
substantially in the following form:
To all persons regarding ...............................,
deceased, who died on or about
........................................(date). You are hereby
notified that .......................... is the trustee of
the ................ Trust.
Any action to contest the validity of the trust must be
brought in the District Court of .... County, Iowa, within
the later to occur of four months from the date of second
publication of this notice, or thirty days from the date of
mailing this notice to all heirs of the decedent settlor
and the spouse of the decedent settlor whose identities are
reasonably ascertainable. Any suit not filed within this
period shall be forever barred.
Notice is further given that any person or entity possessing
a claim against the trust must mail proof of the claim to the
trustee at the address listed below via certified mail, return
receipt requested, by the later to occur of four months from
the date of the second publication of this notice or thirty
days from the date of mailing this notice if required, or
the claim shall be forever barred, unless paid or otherwise
satisfied.
Dated this ............ day of
........................(month), ...............(year)
..........................................................
Trust
...............................................
Trustee
Address: .....................................
...............................................
Date of second publication
............ day of ........................(month),
................(year)
Sec. 183. Section 633B.203, subsections 3 and 9, Code 2015,
are amended to read as follows:
3. Execute, acknowledge, seal, deliver, file, or record
any instrument or communication the agent considers desirable
to accomplish a purpose of a transaction, including but not
limited to creating at any time a schedule listing some or all
of the principal's property and attaching the instrument of or
communication to the power of attorney.
9. Access communications intended for, and communicate
on behalf of, the principal, whether by mail, electronic
transmission, telephone, or other means.
Sec. 184. Section 633B.205, subsection 2, Code 2015, is
amended to read as follows:
2. Sell; exchange; convey with or without covenants,
representations, or warranties; quitclaim; release; surrender;
create a security interest in; grant options concerning; lease;
sublease; or, otherwise dispose of tangible personal property
or an interest in tangible personal property.
Sec. 185. Section 633B.205, subsection 5, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
Manage or conserve tangible personal property or an interest
in tangible personal property on behalf of the principal,
including but not limited to by doing all of the following:
Sec. 186. Section 636.33, Code 2015, is amended to read as
follows:
636.33 Final discharge.
Said fiduciary may file such the receipt described in
section 636.32 with the fiduciary's final report, and if it
shall be made to appear to the satisfaction of the court that
the fiduciary has in all other respects complied with the law
governing the fiduciary's appointment and duties, the court may
approve such final report and enter the fiduciary's discharge.
Sec. 187. Section 636.34, Code 2015, is amended to read as
follows:
636.34 Notice of deposit.
Notice of such a contemplated deposit under section 636.31,
and of final report, shall be given for the same time and in
the same manner as is now required in cases of final report by
personal representatives under the probate code.
Sec. 188. Section 654.13, Code 2015, is amended to read as
follows:
654.13 Pledge of rents ==== priority.
Whenever any real estate is encumbered by two or more real
estate mortgages which in addition to the lien upon the real
estate grant to the mortgagee the right to subject the rents,
profits, avails and/or, or income from said real estate to the
payment of the debt secured by such mortgage, the priority
of the respective mortgagees under the provisions of their
mortgages affecting the rents, profits, avails and/or, or
incomes from the said real estate shall, as between such
mortgagees, be in the same order as the priority of the lien of
their respective mortgages on the real estate.
Sec. 189. Section 654.14, subsection 2, Code 2015, is
amended to read as follows:
2. If the owner or person in actual possession of
agricultural land as defined in section 9H.1 is not afforded
a right of first refusal in leasing the mortgaged premises by
the receiver, the owner or person in actual possession has a
cause of action against the receiver to recover either actual
damages or a one thousand dollar penalty, and costs, including
reasonable attorney's fees. The receiver shall deliver notice
of an offer made to the receiver to the owner or person in
actual possession or the attorney of the owner or person in
actual possession, of an offer made to the receiver, which
contains the terms of the offer, and the name and address
of the person making the offer. The delivery shall be made
personally with receipt returned or by certified or registered
mail, with the proper postage on the envelope, addressed to
the owner or person in actual possession or the attorney of
the owner or person in actual possession. An offer shall be
deemed to have been refused if the owner or person in actual
possession or the attorney of the owner or person in actual
possession does not respond within ten days following the date
that the notice is mailed.
Sec. 190. Section 656.5, Code 2015, is amended to read as
follows:
656.5 Proof and record of service.
If the terms and conditions as to which there is default are
not performed within said thirty days, the party serving said
the notice or causing the same notice to be served, may file
for record in the office of the county recorder a copy of the
notice aforesaid with proofs of service attached or endorsed
thereon (and, in case of service. If notice has been served
by publication, a personal affidavit that personal service
could not be made within this state), and when state shall
also be attached or endorsed on the notice. When so filed and
recorded, the said record shall be constructive notice to all
parties of the due forfeiture and cancellation of said the
contract.
Sec. 191. Section 669.2, subsection 4, paragraph c, Code
2015, is amended to read as follows:
c. "Employee of the state" also includes an architect
registered pursuant to chapter 544A or a professional engineer
licensed pursuant to chapter 542B who voluntarily and without
compensation provides initial structural or building systems
inspection services for the purposes of determining human
occupancy at the scene of a disaster as defined in section
29C.2, subsection 4. To be considered an employee of the
state, the architect or engineer shall be acting at the
request and under the direction of the commissioner of public
safety and in coordination with the local emergency management
commission established under chapter 29C. For purposes of this
paragraph, "compensation" does not include reimbursement for
expenses.
Sec. 192. Section 714.11, subsection 1, paragraph c, Code
2015, is amended to read as follows:
c. A fraudulent practice where it is not possible to
determine an amount of money or value of property and service
services involved.
Sec. 193. Section 714.14, subsection 2, Code 2015, is
amended to read as follows:
2. If money, property, or a service involved in two or
more acts of fraudulent practice is from the same person or
location, or from different persons by two or more acts which
occur in approximately the same location or time period so that
the fraudulent practices are attributable to a single scheme,
plan, or conspiracy, these acts may be considered as a single
fraudulent practice and the value may be the total value of all
money, property, and service services involved.
Sec. 194. Section 724.1, subsection 2, paragraph a, Code
2015, is amended to read as follows:
a. An antique firearm. An antique firearm is any firearm,
including any firearm with a matchlock, flintlock, percussion
cap, or similar type of ignition system, manufactured in
or before 1898 or any firearm which is a replica of such a
firearm if such replica is not designed or redesigned for using
conventional rimfire or centerfire fixed ammunition or which
uses only rimfire or centerfire fixed ammunition which is no
longer manufactured in the United States and which is not
readily available in the ordinary channels of commercial trade.
Sec. 195. Section 725.1, subsection 1, paragraph c, Code
2015, is amended to read as follows:
c. If the person who sells or offers for sale the person's
services as a partner in a sex act is under the age of eighteen,
upon the expiration of two years following the person's
conviction for a violation of paragraph "a" or of a similar
local ordinance, the person may petition the court to expunge
the conviction, and if the person has had no other criminal
convictions, other than local traffic violations or simple
misdemeanor violations of chapter 321 during the two=year
period, the conviction shall be expunged as a matter of
law. The court shall enter an order that the record of the
conviction be expunged by the clerk of the district court.
Notwithstanding section 692.2, after receipt of notice from
the clerk of the district court that a record of conviction
has been expunged for a violation of paragraph "a" has been
expunged, the record of conviction shall be removed from the
criminal history data files maintained by the department of
public safety.
Sec. 196. Section 915.50, subsection 3, Code 2015, is
amended to read as follows:
3. The right to receive a criminal no=contact order upon a
finding of probable cause, pursuant to section 664A.3.
Sec. 197. Section 915.50A, subsection 2, Code 2015, is
amended to read as follows:
2. The right to receive a criminal no=contact order upon a
finding of probable cause, pursuant to section 664A.3.
Sec. 198. REPEAL. Sections 123.6, 123.7, 123.12, and
507C.8, Code 2015, are repealed.
Sec. 199. REPEAL. 2013 Iowa Acts, chapter 125, division II,
is repealed.
Sec. 200. Section 633B.213, subsection 1, unnumbered
paragraph 1, as enacted by 2014 Iowa Acts, chapter 1078,
section 38, is amended to read as follows:
Unless the power of attorney otherwise provides and subject
to subsection section 633B.201, language in a power of attorney
granting general authority with respect to personal and family
maintenance authorizes the agent to do all of the following:
Sec. 201. REPEAL. 2014 Iowa Acts, chapter 1080, section
121, is repealed.
Sec. 202. REPEAL. 2014 Iowa Acts, chapter 1092, sections
153 and 199, are repealed.
Sec. 203. 2014 Iowa Acts, chapter 1092, section 197,
subsection 2, is amended by striking the subsection.
Sec. 204. CODE EDITOR DIRECTIVE ==== TRANSFERS.
1. The Code editor shall transfer and renumber the following
sections as follows:
a. Section 123.9 to become section 123.6.
b. Section 123.10 to become section 123.7.
c. Section 123.16 to become section 123.8.
d. Section 123.20 to become section 123.9.
e. Section 123.21 to become section 123.10.
f. Section 123.13 to become section 123.12.
g. Section 123.17 to become section 123.13.
h. Section 123.18 to become section 123.15.
i. Section 123.55 to become section 123.16.
j. Section 123.53 to become section 123.17.
k. Section 123.54 to become section 123.18.
l. Section 123.19 to become section 123.23.
m. Section 226.47 to become section 226.1A.
n. Section 462A.69 to become section 462A.3A.
o. Section 462A.71 to become section 462A.3B.
2. The Code editor shall correct internal references as
necessary.
Sec. 205. EFFECTIVE UPON ENACTMENT. The following
provision or provisions of this division of this Act, being
deemed of immediate importance, take effect upon enactment:
1. The section of this Act amending section 237A.30,
subsection 1.
2. The section of this Act amending section 321.34,
subsection 27, paragraph "a".
Sec. 206. EFFECTIVE DATE. The following provision or
provisions of this division of this Act take effect June 30,
2021:
1. The section of this Act amending section 15.294,
subsection 4.
Sec. 207. EFFECTIVE DATE. The following provision or
provisions of this division of this Act take effect July 1,
2017:
1. The section of this Act amending section 124.401,
subsection 5, unnumbered paragraph 3.
Sec. 208. RETROACTIVE APPLICABILITY. The following
provision or provisions of this division of this Act apply
retroactively to July 1, 2010:
1. The section of this Act amending section 237A.30,
subsection 1.
Sec. 209. RETROACTIVE APPLICABILITY. The following
provision or provisions of this division of this Act apply
retroactively to July 1, 2014:
1. The section of this Act amending section 321.34,
subsection 27, paragraph "a".
Sec. 210. RETROACTIVE APPLICABILITY. The following
provision or provisions of this division of this Act apply
retroactively to January 1, 2014, for tax years beginning on
or after that date:
1. The section of this Act amending section 422.11L.
DIVISION II
REENACTMENT OF DIVISION II OF 2014 IOWA ACTS, CH. 1106
Sec. 211. NEW SECTION. 135.153A Safety net provider
recruitment and retention initiatives program ==== repeal.
The department, in accordance with efforts pursuant to
sections 135.163 and 135.164 and in cooperation with the Iowa
collaborative safety net provider network governing group as
described in section 135.153, shall establish and administer
a safety net provider recruitment and retention initiatives
program to address the health care workforce shortage relative
to safety net providers. Funding for the program may be
provided through the health care workforce shortage fund or
the safety net provider network workforce shortage account
created in section 135.175. The department, in cooperation
with the governing group, shall adopt rules pursuant to chapter
17A to implement and administer such program. This section is
repealed June 30, 2016.
Sec. 212. NEW SECTION. 135.175 Health care workforce
support initiative ==== workforce shortage fund ==== accounts.
1. a. A health care workforce support initiative is
established to provide for the coordination and support of
various efforts to address the health care workforce shortage
in this state. This initiative shall include the medical
residency training state matching grants program created in
section 135.176, the nurse residency state matching grants
program created in section 135.178, the fulfilling Iowa's need
for dentists matching grant program created in section 135.179,
the health care professional incentive payment program and
Iowa needs nurses now initiative created in sections 261.128
and 261.129, the safety net provider recruitment and retention
initiatives program created in section 135.153A, health care
workforce shortage national initiatives, and the physician
assistant mental health fellowship program created in section
135.177.
b. A health care workforce shortage fund is created in
the state treasury as a separate fund under the control of
the department, in cooperation with the entities identified
in this section as having control over the accounts within
the fund. The fund and the accounts within the fund shall
be controlled and managed in a manner consistent with the
principles specified and the strategic plan developed pursuant
to sections 135.163 and 135.164.
2. The fund and the accounts within the fund shall consist
of moneys appropriated from the general fund of the state for
the purposes of the fund or the accounts within the fund;
moneys received from the federal government for the purposes of
addressing the health care workforce shortage; contributions,
grants, and other moneys from communities and health care
employers; and moneys from any other public or private source
available.
3. The department and any entity identified in this section
as having control over any of the accounts within the fund,
may receive contributions, grants, and in=kind contributions
to support the purposes of the fund and the accounts within
the fund. Not more than five percent of the moneys allocated
to any account within the fund may be used for administrative
costs.
4. The fund and the accounts within the fund shall be
separate from the general fund of the state and shall not be
considered part of the general fund of the state. The moneys
in the fund and the accounts within the fund shall not be
considered revenue of the state, but rather shall be moneys
of the fund or the accounts. The moneys in the fund and the
accounts within the fund are not subject to section 8.33 and
shall not be transferred, used, obligated, appropriated, or
otherwise encumbered, except to provide for the purposes of
this section. Notwithstanding section 12C.7, subsection 2,
interest or earnings on moneys deposited in the fund shall be
credited to the fund and the accounts within the fund.
5. The fund shall consist of the following accounts:
a. The medical residency training account. The medical
residency training account shall be under the control of the
department and the moneys in the account shall be used for
the purposes of the medical residency training state matching
grants program as specified in section 135.176. Moneys in
the account shall consist of moneys appropriated or allocated
for deposit in or received by the fund or the account and
specifically dedicated to the medical residency training state
matching grants program or account for the purposes of such
account.
b. The health care professional and Iowa needs nurses now
initiative account. The health care professional and Iowa
needs nurses now initiative account shall be under the control
of the college student aid commission created in section 261.1
and the moneys in the account shall be used for the purposes
of the health care professional incentive payment program and
the Iowa needs nurses now initiative as specified in sections
261.128 and 261.129. Moneys in the account shall consist of
moneys appropriated or allocated for deposit in or received
by the fund or the account and specifically dedicated to the
health care professional and Iowa needs nurses now initiative
or the account for the purposes of the account.
c. The safety net provider network workforce shortage
account. The safety net provider network workforce shortage
account shall be under the control of the governing group of
the Iowa collaborative safety net provider network created in
section 135.153 and the moneys in the account shall be used
for the purposes of the safety net provider recruitment and
retention initiatives program as specified in section 135.153A.
Moneys in the account shall consist of moneys appropriated
or allocated for deposit in or received by the fund or the
account and specifically dedicated to the safety net provider
recruitment and retention initiatives program or the account
for the purposes of the account.
d. The health care workforce shortage national initiatives
account. The health care workforce shortage national
initiatives account shall be under the control of the state
entity identified for receipt of the federal funds by the
federal government entity through which the federal funding
is available for a specified health care workforce shortage
initiative. Moneys in the account shall consist of moneys
appropriated or allocated for deposit in or received by the
fund or the account and specifically dedicated to health care
workforce shortage national initiatives or the account and for
a specified health care workforce shortage initiative.
e. The physician assistant mental health fellowship program
account. The physician assistant mental health fellowship
program account shall be under the control of the department
and the moneys in the account shall be used for the purposes
of the physician assistant mental health fellowship program
as specified in section 135.177. Moneys in the account shall
consist of moneys appropriated or allocated for deposit in or
received by the fund or the account and specifically dedicated
to the physician assistant mental health fellowship program or
the account for the purposes of the account.
f. The Iowa needs nurses now infrastructure account. The
Iowa needs nurses now infrastructure account shall be under
the control of the department and the moneys in the account
shall be used to award grants in accordance with rules adopted
by the department, in consultation with the board of nursing,
the department of education, and a statewide association that
represents nurses specified by the director, pursuant to
chapter 17A, for clinical simulators, laboratory facilities,
health information technology, and other infrastructure to
improve the training of nurses and nurse educators in the state
and to enhance the clinical experience for nurses. Grants
awarded shall authorize the use of a reasonable portion of the
grant moneys for training in the use of the infrastructure
purchased with the grant moneys. Moneys in the account shall
consist of moneys appropriated or allocated for deposit in or
received by the fund or the account and specifically dedicated
to the Iowa needs nurses now infrastructure account for the
purposes of the account.
g. The nurse residency state matching grants program
account. The nurse residency state matching grants program
account shall be under the control of the department and the
moneys in the account shall be used for the purposes of the
nurse residency state matching grants program as specified
in section 135.178. Moneys in the account shall consist of
moneys appropriated or allocated for deposit in or received
by the fund or the account and specifically dedicated to the
nurse residency state matching grants program account for the
purposes of such account.
h. The fulfilling Iowa's need for dentists matching grant
program account. The fulfilling Iowa's need for dentists
matching grant program account shall be under the control of
the department and the moneys in the account shall be used
for the purposes of the fulfilling Iowa's need for dentists
matching grant program as specified in section 135.179.
Moneys in the account shall consist of moneys appropriated or
allocated for deposit in the account or received by the fund
or the account and specifically dedicated to the fulfilling
Iowa's need for dentists matching grant program account for the
purposes of such account.
6. a. Moneys in the fund and the accounts in the fund
shall only be appropriated in a manner consistent with the
principles specified and the strategic plan developed pursuant
to sections 135.163 and 135.164 to support the medical
residency training state matching grants program, the nurse
residency state matching grants program, the fulfilling Iowa's
need for dentists matching grant program, the health care
professional incentive payment program, the Iowa needs nurses
now initiative, the safety net recruitment and retention
initiatives program, for national health care workforce
shortage initiatives, for the physician assistant mental health
fellowship program, for the purposes of the Iowa needs nurses
now infrastructure account, and to provide funding for state
health care workforce shortage programs as provided in this
section.
b. State programs that may receive funding from the fund
and the accounts in the fund, if specifically designated
for the purpose of drawing down federal funding, are the
primary care recruitment and retention endeavor (PRIMECARRE),
the Iowa affiliate of the national rural recruitment and
retention network, the primary care office shortage designation
program, the state office of rural health, and the Iowa health
workforce center, administered through the bureau of health
care access of the department of public health; the area
health education centers programs at Des Moines university ====
osteopathic medical center and the university of Iowa; the Iowa
collaborative safety net provider network established pursuant
to section 135.153; any entity identified by the federal
government entity through which federal funding for a specified
health care workforce shortage initiative is received; and
a program developed in accordance with the strategic plan
developed by the department of public health in accordance with
sections 135.163 and 135.164.
c. State appropriations to the fund shall be allocated in
equal amounts to each of the accounts within the fund, unless
otherwise specified in the appropriation or allocation. Any
federal funding received for the purposes of addressing state
health care workforce shortages shall be deposited in the
health care workforce shortage national initiatives account,
unless otherwise specified by the source of the funds, and
shall be used as required by the source of the funds. If
use of the federal funding is not designated, twenty=five
percent of such funding shall be deposited in the safety net
provider network workforce shortage account to be used for the
purposes of the account and the remainder of the funds shall
be used in accordance with the strategic plan developed by the
department of public health in accordance with sections 135.163
and 135.164, or to address workforce shortages as otherwise
designated by the department of public health. Other sources
of funding shall be deposited in the fund or account and used
as specified by the source of the funding.
7. No more than five percent of the moneys in any of the
accounts within the fund, not to exceed one hundred thousand
dollars in each account, shall be used for administrative
purposes, unless otherwise provided by the appropriation,
allocation, or source of the funds.
8. The department, in cooperation with the entities
identified in this section as having control over any of the
accounts within the fund, shall submit an annual report to the
governor and the general assembly regarding the status of the
health care workforce support initiative, including the balance
remaining in and appropriations from the health care workforce
shortage fund and the accounts within the fund.
Sec. 213. NEW SECTION. 135.176 Medical residency training
state matching grants program.
1. The department shall establish a medical residency
training state matching grants program to provide matching
state funding to sponsors of accredited graduate medical
education residency programs in this state to establish,
expand, or support medical residency training programs.
Funding for the program may be provided through the health
care workforce shortage fund or the medical residency training
account created in section 135.175. For the purposes of this
section, unless the context otherwise requires, "accredited"
means a graduate medical education program approved by the
accreditation council for graduate medical education or the
American osteopathic association. The grant funds may be
used to support medical residency programs through any of the
following:
a. The establishment of new or alternative campus accredited
medical residency training programs. For the purposes of
this paragraph, "new or alternative campus accredited medical
residency training program" means a program that is accredited
by a recognized entity approved for such purpose by the
accreditation council for graduate medical education or the
American osteopathic association with the exception that
a new medical residency training program that, by reason
of an insufficient period of operation is not eligible for
accreditation on or before the date of submission of an
application for a grant, may be deemed accredited if the
accreditation council for graduate medical education or the
American osteopathic association finds, after consultation with
the appropriate accreditation entity, that there is reasonable
assurance that the program will meet the accreditation
standards of the entity prior to the date of graduation of the
initial class in the program.
b. The provision of new residency positions within existing
accredited medical residency or fellowship training programs.
c. The funding of residency positions which are in excess of
the federal residency cap. For the purposes of this paragraph,
"in excess of the federal residency cap" means a residency
position for which no federal Medicare funding is available
because the residency position is a position beyond the cap for
residency positions established by the federal Balanced Budget
Act of 1997, Pub. L. No. 105=33.
2. The department shall adopt rules pursuant to chapter 17A
to provide for all of the following:
a. Eligibility requirements for and qualifications
of a sponsor of an accredited graduate medical education
residency program to receive a grant. The requirements and
qualifications shall include but are not limited to all of the
following:
(1) Only a sponsor that establishes a dedicated fund to
support a residency program that meets the specifications of
this section shall be eligible to receive a matching grant. A
sponsor funding residency positions in excess of the federal
residency cap, as defined in subsection 1, paragraph "c",
exclusive of funds provided under the medical residency
training state matching grants program established in this
section, is deemed to have satisfied this requirement and
shall be eligible for a matching grant equal to the amount of
funds expended for such residency positions, subject to the
limitation on the maximum award of grant funds specified in
paragraph "e".
(2) A sponsor shall demonstrate, through documented
financial information as prescribed by rule of the department,
that funds have been reserved and will be expended by the
sponsor in the amount required to provide matching funds for
each residency proposed in the request for state matching
funds.
(3) A sponsor shall demonstrate, through objective evidence
as prescribed by rule of the department, a need for such
residency program in the state.
b. The application process for the grant.
c. Criteria for preference in awarding of the grants,
including preference in the residency specialty.
d. Determination of the amount of a grant. The total amount
of a grant awarded to a sponsor shall be limited to no more
than twenty=five percent of the amount that the sponsor has
demonstrated through documented financial information has been
reserved and will be expended by the sponsor for each residency
sponsored for the purpose of the residency program.
e. The maximum award of grant funds to a particular
individual sponsor per year. An individual sponsor shall not
receive more than twenty=five percent of the state matching
funds available each year to support the program. However,
if less than ninety=five percent of the available funds has
been awarded in a given year, a sponsor may receive more than
twenty=five percent of the state matching funds available
if total funds awarded do not exceed ninety=five percent of
the available funds. If more than one sponsor meets the
requirements of this section and has established, expanded,
or supported a graduate medical residency training program,
as specified in subsection 1, in excess of the sponsor's
twenty=five percent maximum share of state matching funds, the
state matching funds shall be divided proportionately among
such sponsors.
f. Use of the funds awarded. Funds may be used to pay the
costs of establishing, expanding, or supporting an accredited
graduate medical education program as specified in this
section, including but not limited to the costs associated with
residency stipends and physician faculty stipends.
Sec. 214. NEW SECTION. 135.177 Physician assistant mental
health fellowship program ==== repeal.
1. The department, in cooperation with the college student
aid commission, shall establish a physician assistant mental
health fellowship program in accordance with this section.
Funding for the program may be provided through the health
care workforce shortage fund or the physician assistant mental
health fellowship program account created in section 135.175.
The purpose of the program is to determine the effect of
specialized training and support for physician assistants in
providing mental health services on addressing Iowa's shortage
of mental health professionals.
2. The program shall provide for all of the following:
a. Collaboration with a hospital serving a thirteen=county
area in central Iowa that provides a clinic at the Iowa
veterans home, a private nonprofit agency headquartered in a
city with a population of more than one hundred ninety thousand
that operates a freestanding psychiatric medical institution
for children, a private university with a medical school
educating osteopathic physicians located in a city with a
population of more than one hundred ninety thousand, the Iowa
veterans home, and any other clinical partner designated for
the program. Population figures used in this paragraph refer
to the most recent certified federal census. The clinical
partners shall provide supervision, clinical experience,
training, and other support for the program and physician
assistant students participating in the program.
b. Elderly, youth, and general population clinical
experiences.
c. A fellowship of twelve months for three physician
assistant students, annually.
d. Supervision of students participating in the program
provided by the university and the other clinical partners
participating in the program.
e. A student participating in the program shall be eligible
for a stipend of not more than fifty thousand dollars for the
twelve months of the fellowship plus related fringe benefits.
In addition, a student who completes the program and practices
in Iowa in a mental health professional shortage area, as
defined in section 135.180, shall be eligible for up to twenty
thousand dollars in loan forgiveness. The stipend and loan
forgiveness provisions shall be determined by the department
and the college student aid commission, in consultation with
the clinical partners.
f. The state and private entity clinical partners shall
regularly evaluate and document their experiences with the
approaches utilized and outcomes achieved by the program
to identify an optimal model for operating the program.
The evaluation process shall include but is not limited
to identifying ways the program's clinical and training
components could be modified to facilitate other student and
practicing physician assistants specializing as mental health
professionals.
3. This section is repealed June 30, 2016.
Sec. 215. NEW SECTION. 135.178 Nurse residency state
matching grants program ==== repeal.
1. The department shall establish a nurse residency state
matching grants program to provide matching state funding
to sponsors of nurse residency programs in this state to
establish, expand, or support nurse residency programs that
meet standards adopted by rule of the department. Funding for
the program may be provided through the health care workforce
shortage fund or the nurse residency state matching grants
program account created in section 135.175. The department,
in cooperation with the Iowa board of nursing, the department
of education, Iowa institutions of higher education with board
of nursing=approved programs to educate nurses, and the Iowa
nurses association, shall adopt rules pursuant to chapter 17A
to establish minimum standards for nurse residency programs
to be eligible for a matching grant that address all of the
following:
a. Eligibility requirements for and qualifications of
a sponsor of a nurse residency program to receive a grant,
including that the program includes both rural and urban
components.
b. The application process for the grant.
c. Criteria for preference in awarding of the grants.
d. Determination of the amount of a grant.
e. Use of the funds awarded. Funds may be used to pay
the costs of establishing, expanding, or supporting a nurse
residency program as specified in this section, including but
not limited to the costs associated with residency stipends and
nursing faculty stipends.
2. This section is repealed June 30, 2016.
Sec. 216. NEW SECTION. 261.128 Health care professional
incentive payment program ==== repeal.
1. The commission shall establish a health care
professional incentive payment program to recruit and retain
health care professionals in this state. Funding for the
program may be provided through the health care workforce
shortage fund or the health care professional and Iowa needs
nurses now initiative account created in section 135.175.
2. The commission shall administer the incentive payment
program with the assistance of Des Moines university ====
osteopathic medical center.
3. The commission, with the assistance of Des Moines
university ==== osteopathic medical center, shall adopt rules
pursuant to chapter 17A relating to the establishment and
administration of the health care professional incentive
payment program. The rules adopted shall address all of the
following:
a. Eligibility and qualification requirements for a
health care professional, a community, and a health care
employer to participate in the incentive payment program. Any
community in the state and all health care specialties shall be
considered for participation. However, health care employers
located in and communities that are designated as medically
underserved areas or populations or that are designated as
health professional shortage areas by the health resources
and services administration of the United States department
of health and human services shall have first priority in the
awarding of incentive payments.
(1) To be eligible, a health care professional at a minimum
must not have any unserved obligations to a federal, state, or
local government or other entity that would prevent compliance
with obligations under the agreement for the incentive payment;
must have a current and unrestricted license to practice the
professional's respective profession; and must be able to begin
full=time clinical practice upon signing an agreement for an
incentive payment.
(2) To be eligible, a community must provide a clinical
setting for full=time practice of a health care professional
and must provide a fifty thousand dollar matching contribution
for a physician and a fifteen thousand dollar matching
contribution for any other health care professional to receive
an equal amount of state matching funds.
(3) To be eligible, a health care employer must provide
a clinical setting for a full=time practice of a health care
professional and must provide a fifty thousand dollar matching
contribution for a physician and a fifteen thousand dollar
matching contribution for any other health care professional to
receive an equal amount of state matching funds.
b. The process for awarding incentive payments. The
commission shall receive recommendations from the department
of public health regarding selection of incentive payment
recipients. The process shall require each recipient to
enter into an agreement with the commission that specifies
the obligations of the recipient and the commission prior to
receiving the incentive payment.
c. Public awareness regarding the program including
notification of potential health care professionals,
communities, and health care employers about the program and
dissemination of applications to appropriate entities.
d. Measures regarding all of the following:
(1) The amount of the incentive payment and the specifics
of obligated service for an incentive payment recipient. An
incentive payment recipient shall agree to provide service in
full=time clinical practice for a minimum of four consecutive
years. If an incentive payment recipient is sponsored by a
community or health care employer, the obligated service shall
be provided in the sponsoring community or health care employer
location. An incentive payment recipient sponsored by a health
care employer shall agree to provide health care services as
specified in an employment agreement with the sponsoring health
care employer.
(2) Determination of the conditions of the incentive
payment applicable to an incentive payment recipient. At
the time of approval for participation in the program, an
incentive payment recipient shall be required to submit proof
of indebtedness incurred as the result of obtaining loans to
pay for educational costs resulting in a degree in health
sciences. For the purposes of this subparagraph, "indebtedness"
means debt incurred from obtaining a government or commercial
loan for actual costs paid for tuition, reasonable education
expenses, and reasonable living expenses related to the
graduate, undergraduate, or associate education of a health
care professional.
(3) Enforcement of the state's rights under an incentive
payment agreement, including the commencement of any court
action. A recipient who fails to fulfill the requirements
of the incentive payment agreement is subject to repayment
of the incentive payment in an amount equal to the amount of
the incentive payment. A recipient who fails to meet the
requirements of the incentive payment agreement may also be
subject to repayment of moneys advanced by a community or
health care employer as provided in any agreement with the
community or employer.
(4) A process for monitoring compliance with eligibility
requirements, obligated service provisions, and use of funds by
recipients to verify eligibility of recipients and to ensure
that state, federal, and other matching funds are used in
accordance with program requirements.
(5) The use of the funds received. Any portion of the
incentive payment that is attributable to federal funds shall
be used as required by the federal entity providing the funds.
Any portion of the incentive payment that is attributable
to state funds shall first be used toward payment of any
outstanding loan indebtedness of the recipient. The remaining
portion of the incentive payment shall be used as specified in
the incentive payment agreement.
4. A recipient is responsible for reporting on federal
income tax forms any amount received through the program,
to the extent required by federal law. Incentive payments
received through the program by a recipient in compliance with
the requirements of the incentive payment program are exempt
from state income taxation.
5. This section is repealed June 30, 2016.
Sec. 217. NEW SECTION. 261.129 Iowa needs nurses now
initiative ==== repeal.
1. Nurse educator incentive payment program.
a. The commission shall establish a nurse educator
incentive payment program. Funding for the program may be
provided through the health care workforce shortage fund or the
health care professional and Iowa needs nurses now initiative
account created in section 135.175. For the purposes of this
subsection, "nurse educator" means a registered nurse who holds
a master's degree or doctorate degree and is employed as a
faculty member who teaches nursing in a nursing education
program as provided in 655 IAC 2.6 at a community college, an
accredited private institution, or an institution of higher
education governed by the state board of regents.
b. The program shall consist of incentive payments to
recruit and retain nurse educators. The program shall provide
for incentive payments of up to twenty thousand dollars for a
nurse educator who remains teaching in a qualifying teaching
position for a period of not less than four consecutive
academic years.
c. The nurse educator and the commission shall enter into an
agreement specifying the obligations of the nurse educator and
the commission. If the nurse educator leaves the qualifying
teaching position prior to teaching for four consecutive
academic years, the nurse educator shall be liable to repay
the incentive payment amount to the state, plus interest as
specified by rule. However, if the nurse educator leaves
the qualifying teaching position involuntarily, the nurse
educator shall be liable to repay only a pro rata amount of the
incentive payment based on incompleted years of service.
d. The commission, in consultation with the department
of public health, the board of nursing, the department of
education, and the Iowa nurses association, shall adopt rules
pursuant to chapter 17A relating to the establishment and
administration of the nurse educator incentive payment program.
The rules shall include provisions specifying what constitutes
a qualifying teaching position.
2. Nursing faculty fellowship program.
a. The commission shall establish a nursing faculty
fellowship program to provide funds to nursing schools in the
state, including but not limited to nursing schools located at
community colleges, for fellowships for individuals employed
in qualifying positions on the nursing faculty. Funding for
the program may be provided through the health care workforce
shortage fund or the health care professional and the Iowa
needs nurses now initiative account created in section 135.175.
The program shall be designed to assist nursing schools in
filling vacancies in qualifying positions throughout the state.
b. The commission, in consultation with the department
of public health, the board of nursing, the department of
education, and the Iowa nurses association, and in cooperation
with nursing schools throughout the state, shall develop a
distribution formula which shall provide that no more than
thirty percent of the available moneys are awarded to a single
nursing school. Additionally, the program shall limit funding
for a qualifying position in a nursing school to no more than
ten thousand dollars per year for up to three years.
c. The commission, in consultation with the department
of public health, the board of nursing, the department of
education, and the Iowa nurses association, shall adopt
rules pursuant to chapter 17A to administer the program. The
rules shall include provisions specifying what constitutes a
qualifying position at a nursing school.
d. In determining eligibility for a fellowship, the
commission shall consider all of the following:
(1) The length of time a qualifying position has gone
unfilled at a nursing school.
(2) Documented recruiting efforts by a nursing school.
(3) The geographic location of a nursing school.
(4) The type of nursing program offered at the nursing
school, including associate, bachelor's, master's, or doctoral
degrees in nursing, and the need for the specific nursing
program in the state.
3. Nurse educator scholarship program.
a. The commission shall establish a nurse educator
scholarship program. Funding for the program may be provided
through the health care workforce shortage fund or the health
care professional and the Iowa needs nurses now initiative
account created in section 135.175. The goal of the nurse
educator scholarship program is to address the waiting list of
qualified applicants to Iowa's nursing schools by providing
incentives for the training of additional nursing educators.
For the purposes of this subsection, "nurse educator" means
a registered nurse who holds a master's degree or doctorate
degree and is employed as a faculty member who teaches nursing
in a nursing education program as provided in 655 IAC 2.6 at
a community college, an accredited private institution, or an
institution of higher education governed by the state board of
regents.
b. The program shall consist of scholarships to further
advance the education of nurses to become nurse educators. The
program shall provide for scholarship payments in an amount
established by rule for students who are preparing to teach in
qualifying teaching positions.
c. The commission, in consultation with the department
of public health, the board of nursing, the department of
education, and the Iowa nurses association, shall adopt rules
pursuant to chapter 17A relating to the establishment and
administration of the nurse educator scholarship program. The
rules shall include provisions specifying what constitutes a
qualifying teaching position and the amount of any scholarship.
4. Nurse educator scholarship=in=exchange=for=service
program.
a. The commission shall establish a nurse educator
scholarship=in=exchange=for=service program. Funding for the
program may be provided through the health care workforce
shortage fund or the health care professional and Iowa needs
nurses now initiative account created in section 135.175. The
goal of the nurse educator scholarship=in=exchange=for=service
program is to address the waiting list of qualified applicants
to Iowa's nursing schools by providing incentives for the
education of additional nursing educators. For the purposes
of this subsection, "nurse educator" means a registered nurse
who holds a master's degree or doctorate degree and is employed
as a faculty member who teaches nursing in a nursing education
program as provided in 655 IAC 2.6 at a community college, an
accredited private institution, or an institution of higher
education governed by the state board of regents.
b. The program shall consist of scholarships to further
advance the education of nurses to become nurse educators. The
program shall provide for scholarship=in=exchange=for=service
payments in an amount established by rule for students who
are preparing to teach in qualifying teaching positions for a
period of not less than four consecutive academic years.
c. The scholarship=in=exchange=for=service recipient
and the commission shall enter into an agreement specifying
the obligations of the applicant and the commission.
If the nurse educator leaves the qualifying teaching
position prior to teaching for four consecutive academic
years, the nurse educator shall be liable to repay the
scholarship=in=exchange=for=service amount to the state plus
interest as specified by rule. However, if the nurse educator
leaves the qualified teaching position involuntarily, the nurse
educator shall be liable to repay only a pro rata amount of the
scholarship based on incomplete years of service.
d. The receipt of a nurse educator
scholarship=in=exchange=for=service shall not impact
eligibility of an individual for other financial incentives
including but not limited to loan forgiveness programs.
e. The commission, in consultation with the department
of public health, the board of nursing, the department
of education, and the Iowa nurses association, shall
adopt rules pursuant to chapter 17A relating to the
establishment and administration of the nurse educator
scholarship=in=exchange=for=service program. The rules
shall include the provisions specifying what constitutes
a qualifying teaching position and the amount of any
scholarship=in=exchange=for=service.
5. Repeal. This section is repealed June 30, 2016.
Sec. 218. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 219. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to June 30, 2014.
DIVISION III
REENACTMENT OF DIVISION III OF 2014 IOWA ACTS, CH. 1106
Sec. 220. Section 135.175, subsection 1, paragraph a, as
enacted in this Act, is amended to read as follows:
a. A health care workforce support initiative is established
to provide for the coordination and support of various efforts
to address the health care workforce shortage in this state.
This initiative shall include the medical residency training
state matching grants program created in section 135.176,
the nurse residency state matching grants program created
in section 135.178, the fulfilling Iowa's need for dentists
matching grant program created in section 135.179, the health
care professional incentive payment program and Iowa needs
nurses now initiative created in sections 261.128 and 261.129,
the safety net provider recruitment and retention initiatives
program created in section 135.153A, and health care workforce
shortage national initiatives, and the physician assistant
mental health fellowship program created in section 135.177.
Sec. 221. Section 135.175, subsection 5, paragraphs b, c, e,
f, and g, as enacted in this Act, are amended by striking the
paragraphs.
Sec. 222. Section 135.175, subsection 6, paragraphs a and c,
as enacted in this Act, are amended to read as follows:
a. Moneys in the fund and the accounts in the fund
shall only be appropriated in a manner consistent with the
principles specified and the strategic plan developed pursuant
to sections 135.163 and 135.164 to support the medical
residency training state matching grants program, the nurse
residency state matching grants program, the fulfilling Iowa's
need for dentists matching grant program, the health care
professional incentive payment program, the Iowa needs nurses
now initiative, the safety net recruitment and retention
initiatives program, for national health care workforce
shortage initiatives, for the physician assistant mental health
fellowship program, for the purposes of the Iowa needs nurses
now infrastructure account, and to provide funding for state
health care workforce shortage programs as provided in this
section.
c. State appropriations to the fund shall be allocated in
equal amounts to each of the accounts within the fund, unless
otherwise specified in the appropriation or allocation. Any
federal funding received for the purposes of addressing state
health care workforce shortages shall be deposited in the
health care workforce shortage national initiatives account,
unless otherwise specified by the source of the funds, and
shall be used as required by the source of the funds. If
use of the federal funding is not designated, twenty=five
percent of such funding shall be deposited in the safety net
provider network workforce shortage account to be used for the
purposes of the account and the remainder of the funds shall
be used in accordance with the strategic plan developed by the
department of public health in accordance with sections 135.163
and 135.164, or to address workforce shortages as otherwise
designated by the department of public health. Other sources
of funding shall be deposited in the fund or account and used
as specified by the source of the funding.
Sec. 223. EFFECTIVE DATE. This division of this Act takes
effect July 1, 2016.
DIVISION IV
CORRESPONDING CHANGES
Sec. 224. Section 249A.3, subsection 11, paragraph b, Code
2015, is amended to read as follows:
b. The department shall exercise the option provided in
42 U.S.C. {1396p(c) to provide a period of ineligibility
for medical assistance due to a transfer of assets by
a noninstitutionalized individual or the spouse of a
noninstitutionalized individual. For noninstitutionalized
individuals, the number of months of ineligibility shall be
equal to the total, cumulative uncompensated value of all
assets transferred by the individual or the individual's
spouse on or after the look=back date specified in 42
U.S.C. {1396p(c)(1)(B)(i), divided by the average monthly
cost to a private patient for nursing facility services in
Iowa at the time of application. The services for which
noninstitutionalized individuals shall be made ineligible
shall include any long=term care services for which medical
assistance is otherwise available. Notwithstanding section
17A.4, the department may adopt rules providing a period of
ineligibility for medical assistance due to a transfer of
assets by a noninstitutionalized individual or the spouse of a
noninstitutionalized individual without notice of opportunity
for public comment, to be effective immediately upon filing
under section 17A.5, subsection 2, paragraph "b", subparagraph
(1), subparagraph division (a).
Sec. 225. Section 519A.4, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. The association shall submit a plan of operation to
the commissioner, together with any amendments necessary
or suitable to assure the fair, reasonable, and equitable
administration of the association consistent with sections
519A.2 to 519A.13. The plan of operation and any amendments
thereto shall become effective only after promulgation of
the plan or amendment by the commissioner as a rule pursuant
to section 17A.4: Provided that the initial plan may in the
discretion of the commissioner become effective immediately
upon filing with the secretary of state pursuant to section
17A.5, subsection 2, paragraph "b", subparagraph (1),
subparagraph division (a).
KRAIG PAULSEN
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 536, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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