House File 567 - Reprinted HOUSE FILE 567 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 159) (COMPANION TO SF 286 BY COMMITTEE ON JUDICIARY) (As Amended and Passed by the House March 9, 2023 ) A BILL FOR An Act relating to nonsubstantive Code corrections, and 1 including effective date and retroactive applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 567 (2) 90 lh/ns/md
H.F. 567 DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 2.47, Code 2023, is amended to read as 3 follows: 4 2.47 Procedure. 5 The chairpersons of the committees on budget appropriations 6 shall serve as co-chairpersons of the legislative fiscal 7 committee. The legislative fiscal committee shall determine 8 its own method of procedure and shall meet as often as deemed 9 necessary, subject to the approval of the legislative council. 10 It shall keep a record of its proceedings which shall be open 11 to public inspection, and it shall inform the legislative 12 council in advance concerning the dates of meetings of the 13 committee. 14 Sec. 2. Section 2.51, Code 2023, is amended to read as 15 follows: 16 2.51 Visitations. 17 The legislative fiscal committee, with the approval of the 18 legislative council, may direct a subcommittee, which shall be 19 composed of the chairpersons and minority party ranking members 20 of the appropriate subcommittees of the committees on budget 21 appropriations of the senate and the house of representatives 22 and the chairpersons of the appropriate standing committees 23 of the general assembly, to visit the offices and facilities 24 of any state office, department, agency, board, bureau, 25 or commission to review programs authorized by the general 26 assembly and the administration of the programs. When the 27 legislative fiscal committee visits the offices and facilities 28 of any state office, department, agency, board, bureau, 29 or commission to review programs authorized by the general 30 assembly and the administration of the programs, there shall be 31 included the chairpersons and minority party ranking members 32 of the appropriate subcommittees of the committees on budget 33 appropriations of the senate and the house of representatives. 34 The legislative council may appoint a member of the 35 -1- HF 567 (2) 90 lh/ns/md 1/ 40
H.F. 567 subcommittee or standing committee to serve in place of that 1 subcommittees or standing committees chairperson or minority 2 party ranking member on the legislative fiscal visitation 3 committee or subcommittee if that person will be absent. The 4 subcommittee and the legislative fiscal committee shall be 5 provided with information by the legislative services agency 6 concerning budgets, programs, and legislation authorizing 7 programs prior to any visitation. Members of a committee shall 8 be compensated pursuant to section 2.10, subsection 5 . The 9 subcommittee shall make reports and recommendations as required 10 by the legislative fiscal committee. 11 Sec. 3. Section 8.39, subsection 4, Code 2023, is amended 12 to read as follows: 13 4. Prior to any transfer of funds pursuant to subsection 14 1 or 2 of this section or a transfer of an allocation from 15 a subunit of a department which statutorily has independent 16 budgeting authority, the director shall notify the chairpersons 17 of the standing committees on budget appropriations of the 18 senate and the house of representatives and the chairpersons of 19 subcommittees of such committees of the proposed transfer. The 20 notice from the director shall include information concerning 21 the amount of the proposed transfer, the departments, 22 institutions or agencies affected by the proposed transfer and 23 the reasons for the proposed transfer. Chairpersons notified 24 shall be given at least two weeks to review and comment on the 25 proposed transfer before the transfer of funds is made. 26 Sec. 4. Section 8C.7A, subsection 3, paragraph c, 27 subparagraph (3), subparagraph division (a), subparagraph 28 subdivision (iii), Code 2023, is amended to read as follows: 29 (iii) The application would result in the authority being 30 noncompliant with the federal Americans With Disabilities Act 31 of 1990 . 32 Sec. 5. Section 13C.1, subsection 4, Code 2023, is amended 33 to read as follows: 34 4. Professional commercial fund-raiser means any person 35 -2- HF 567 (2) 90 lh/ns/md 2/ 40
H.F. 567 who for compensation solicits contributions in Iowa for a 1 charitable organization other than the person. A person 2 whose sole responsibility is to mail fund-raising fundraising 3 literature is not a professional commercial fund-raiser. A 4 lawyer, investment counselor, or banker who advises a person 5 to make a charitable contribution is not, as a result of such 6 advice, a professional commercial fund-raiser. A bona fide 7 salaried officer, employee, or volunteer of a charitable 8 organization is not a professional commercial fund-raiser. 9 Sec. 6. Section 15E.64, subsection 7, Code 2023, is amended 10 to read as follows: 11 7. After incorporation, the Iowa capital investment 12 corporation shall conduct a national solicitation for 13 investment plan proposals from qualified venture capital 14 investment fund allocation managers for the raising and 15 investing of capital by the Iowa fund of funds in accordance 16 with the requirements of this subchapter . Any proposed 17 investment plan shall address the applicants level of 18 experience, quality of management, investment philosophy and 19 process, probability of success in fund-raising fundraising , 20 prior investment fund results, and plan for achieving the 21 purposes of this subchapter . The selected venture capital 22 investment fund allocation manager shall be a person 23 with substantial, successful experience in the design, 24 implementation, and management of seed and venture capital 25 investment programs and in capital formation. The corporation 26 shall only select a venture capital investment fund allocation 27 manager with demonstrated expertise in the management and 28 fund allocation of investments in venture capital funds. The 29 corporation shall select the venture capital investment fund 30 allocation manager deemed best qualified to generate the amount 31 of capital required by this subchapter and to invest the 32 capital of the Iowa fund of funds. 33 Sec. 7. Section 22.7, subsection 52, paragraph c, Code 2023, 34 is amended to read as follows: 35 -3- HF 567 (2) 90 lh/ns/md 3/ 40
H.F. 567 c. Except as provided in paragraphs a and b , portions 1 of records relating to the receipt, holding, and disbursement 2 of gifts made for the benefit of regents institutions and 3 made through foundations established for support of regents 4 institutions, including but not limited to written fund-raising 5 fundraising policies and documents evidencing fund-raising 6 fundraising practices, shall be subject to this chapter . 7 Sec. 8. Section 23A.2, subsections 6, 7, and 8, Code 2023, 8 are amended to read as follows: 9 6. a. The director of the department of corrections, with 10 the advice of the state prison industries advisory board, may, 11 by rule, provide for exemptions from this chapter . 12 b. This chapter shall not be construed to impair cooperative 13 agreements between Iowa state industries and private 14 enterprise. 15 c. The director of the department of corrections, with the 16 advice of the board of corrections, may, by rule, provide for 17 exemption from this chapter for vocational-educational programs 18 and farm operations of the department. 19 7. However, this chapter shall not be construed to impair 20 cooperative agreements between Iowa state industries and 21 private enterprise. 22 8. The director of the department of corrections, with the 23 advice of the board of corrections, may by rule, provide for 24 exemption from this chapter for vocational-educational programs 25 and farm operations of the department. 26 Sec. 9. Section 29C.9, subsection 3, Code 2023, is amended 27 to read as follows: 28 3. The name used by the commission shall be (county name) 29 county emergency management commission . The name used by 30 the office of the commission shall be (county name) county 31 emergency management agency . 32 Sec. 10. Section 35A.13, subsection 4, paragraph c, 33 subparagraph (3), Code 2023, is amended to read as follows: 34 (3) Costs for performance and compliance monitoring , and 35 -4- HF 567 (2) 90 lh/ns/md 4/ 40
H.F. 567 accounting for fund investments. 1 Sec. 11. Section 53.47, subsection 1, Code 2023, is amended 2 to read as follows: 3 1. In order to establish uniformity in size, weight , 4 and other characteristics of the ballot and facilitate its 5 distribution and return, the department of administrative 6 services shall upon direction of the state commissioner 7 purchase any material needed for any special ballots, 8 envelopes , and other printed matter, and sell any such 9 materials to the several counties of the state at cost plus 10 handling and transportation costs. 11 Sec. 12. Section 68A.304, subsection 1, paragraph a, Code 12 2023, is amended to read as follows: 13 a. Equipment, supplies, or other materials purchased 14 with campaign funds or received in-kind in kind are campaign 15 property. 16 Sec. 13. Section 68A.701, Code 2023, is amended to read as 17 follows: 18 68A.701 Penalty. 19 Any person who willfully violates any provisions of 20 this chapter shall , upon conviction, be guilty of a serious 21 misdemeanor. 22 Sec. 14. Section 76.10, subsection 1, Code 2023, is amended 23 to read as follows: 24 1. All public bonds or obligations issued before or after 25 July 1, 1983 , may be in registered form. An issuer of public 26 bonds or obligations may designate for a term as agreed upon, 27 one or more persons, corporations, partnerships, or other 28 associations located within or without the state to serve as 29 trustee, transfer agent, registrar, depository, or paying or 30 other agent in connection with the public bonds or obligations 31 and to carry out services and functions which are customary in 32 such capacities or convenient or necessary to comply with the 33 intent and provisions of this chapter . 34 Sec. 15. Section 80D.7, Code 2023, is amended to read as 35 -5- HF 567 (2) 90 lh/ns/md 5/ 40
H.F. 567 follows: 1 80D.7 Carrying weapons. 2 A member of a reserve force shall not carry a weapon in 3 the line of duty until the member has been approved by the 4 governing body and certified by the Iowa law enforcement 5 academy council to carry weapons. After approval and 6 certification, a reserve peace officer may carry a weapon in 7 the line of duty only when authorized by the chief of police, 8 sheriff, commissioner of public safety or the commissioners 9 designee, or director of the judicial district department of 10 correctional services or the directors designee, as the case 11 may be. 12 Sec. 16. Section 99F.6, subsection 4, paragraph a, 13 subparagraph (4), Code 2023, is amended to read as follows: 14 (4) A qualified sponsoring organization shall not make a 15 contribution to a candidate, political committee, candidates 16 committee, state statutory political committee, county 17 statutory political committee, national political party, or 18 fund-raising fundraising event as these terms are defined in 19 section 68A.102 . The membership of the board of directors of 20 a qualified sponsoring organization shall represent a broad 21 interest of the communities. 22 Sec. 17. Section 100.14, Code 2023, is amended to read as 23 follows: 24 100.14 Legal proceedings penalties injunctive relief. 25 At the request of the state fire marshal, the county 26 attorney shall institute any legal proceedings on behalf of the 27 state necessary to obtain compliance or enforce the penalty 28 provisions of this chapter or rules or orders adopted or issued 29 pursuant to this chapter , including , but not limited to , a 30 legal action for injunctive relief. The county attorney or 31 any other attorney acting on behalf of the chief of a fire 32 department or a fire prevention officer may institute legal 33 proceedings, including , but not limited to , a legal action for 34 injunctive relief, to obtain compliance or enforce the penalty 35 -6- HF 567 (2) 90 lh/ns/md 6/ 40
H.F. 567 provisions or orders issued pursuant to section 100.13 . 1 Sec. 18. Section 103.18, Code 2023, is amended to read as 2 follows: 3 103.18 License renewal continuing education. 4 In order to renew a class A master electrician license , class 5 B master electrician license , class A journeyman electrician 6 license , or class B journeyman electrician license issued 7 pursuant to this chapter , the licensee shall be required to 8 complete eighteen contact hours of continuing education courses 9 approved by the board during the three-year period for which a 10 license is granted. The contact hours shall include a minimum 11 of six contact hours studying the national electrical code 12 described in section 103.6 , and the remaining contact hours may 13 include study of electrical circuit theory, blueprint reading, 14 transformer and motor theory, electrical circuits and devices, 15 control systems, programmable controllers, and microcomputers 16 or any other study of electrical-related material that is 17 approved by the board. Any additional hours studying the 18 national electrical code shall be acceptable. For purposes of 19 this section , contact hour means fifty minutes of classroom 20 attendance at an approved course under a qualified instructor 21 approved by the board. 22 Sec. 19. Section 147.77, subsection 1, paragraph h, 23 subparagraph (3), Code 2023, is amended to read as follows: 24 (3) For the regulation of licensees in restricted areas of 25 a racing facility, that licensees whose duties require them to 26 be in a restricted area of a racing facility shall not have 27 present within their systems any controlled substance as listed 28 in schedules I to V of U.S.C. Tit. 21 (Food and Drug Section 29 812) section 202 of the federal Controlled Substances Act, 30 21 U.S.C. 812 , chapter 124 , or any prescription drug unless 31 it was obtained directly or pursuant to valid prescription 32 or order from a duly licensed physician who is acting in the 33 course of professional practice. 34 Sec. 20. Section 147F.1, subsection 2, paragraph a, Code 35 -7- HF 567 (2) 90 lh/ns/md 7/ 40
H.F. 567 2023, is amended to read as follows: 1 a. Active duty military means full-time duty status in 2 the active uniformed service of the United States, including 3 members of the national guard and the reserves on active duty 4 orders pursuant to 10 U.S.C. 1209 ch. 1209 and 10 U.S.C. 1211 5 ch. 1211 . 6 Sec. 21. Section 147F.1, subsection 6, Code 2023, is amended 7 to read as follows: 8 6. Active duty military personnel or their spouses. Active 9 duty military personnel, or their spouse spouses , shall 10 designate a home state where the individual has a current 11 license in good standing. The individual may retain the 12 home state designation during the period the service member 13 is on active duty. Subsequent to designating a home state, 14 the individual shall only change their home state through 15 application for licensure in the new state. 16 Sec. 22. Section 147F.1, subsection 8, paragraph c, 17 subparagraph (11), Code 2023, is amended to read as follows: 18 (11) Accept any and all appropriate donations and grants 19 of money, equipment, supplies, materials, and services, and 20 receive, utilize , and dispose of the same; provided that at all 21 times the commission shall avoid any appearance of impropriety 22 or conflict of interest. 23 Sec. 23. Section 151.10, Code 2023, is amended to read as 24 follows: 25 151.10 Education requirements. 26 A person who is an applicant for a license to practice 27 chiropractic shall only be required to be tested for the 28 adjunctive procedures specified in section 151.1, subsection 29 3 , which the person chooses to utilize. A person licensed 30 to practice chiropractic shall only be required to complete 31 continuing education requirements for the adjunctive procedures 32 specified in section 151.1, subsection 3 , which the person 33 chooses to utilize. A person who is an applicant for a license 34 to practice chiropractic or a person licensed to practice 35 -8- HF 567 (2) 90 lh/ns/md 8/ 40
H.F. 567 chiropractic shall not be required to utilize any of the 1 adjunctive procedures specified in section 151.1, subsection 2 3 , to obtain a license or continue to practice chiropractic, 3 respectively. 4 Sec. 24. Section 162.2, subsection 4, Code 2023, is amended 5 to read as follows: 6 4. Animal warden means any person employed, contracted, or 7 appointed by the state, municipal corporation, or any political 8 subdivision of the state, for the purpose of aiding in the 9 enforcement of the provisions of this chapter or any other law 10 or ordinance relating to the licensing of animals, control of 11 animals , or seizure and impoundment of animals and includes any 12 peace officer, animal control officer, or other employee whose 13 duties in whole or in part include assignments which involve 14 the seizure or taking into custody of any animal. 15 Sec. 25. Section 165A.1, subsection 4, Code 2023, is amended 16 to read as follows: 17 4. Johnes disease means a disease caused by the bacterium 18 mycobacterium Mycobacterium paratuberculosis, and which is also 19 referred to as paratuberculosis disease. 20 Sec. 26. Section 189A.5, subsection 2, paragraph e, Code 21 2023, is amended to read as follows: 22 e. Investigate the sanitary conditions of each establishment 23 within paragraph a of this subsection and withdraw or 24 otherwise refuse to provide inspection service at any such 25 establishment where the sanitary conditions are such as to 26 render adulterated any livestock products or poultry products 27 prepared or handled thereat at the establishment . 28 Sec. 27. Section 190.2, subsection 1, Code 2023, is amended 29 to read as follows: 30 1. The department may establish and publish standards for 31 foods when such standards are not fixed by law. The standards 32 shall conform with standards for foods adopted by federal 33 agencies including , but not limited to , the United States 34 department of agriculture. 35 -9- HF 567 (2) 90 lh/ns/md 9/ 40
H.F. 567 Sec. 28. Section 202A.4, subsection 2, Code 2023, is amended 1 to read as follows: 2 2. A provision which is part of a contract for the purchase 3 of livestock executed on and after April 29, 1999, for the 4 purchase of livestock is void , if the provision states that 5 information contained in the contract is confidential. The 6 provision is void regardless of whether the confidentiality 7 provision is express or implied; oral or written; required or 8 conditional; or contained in the contract, another contract, 9 or in a related document, policy, or agreement. This section 10 does not affect other provisions of a contract or a related 11 document, policy, or agreement which can be given effect 12 without the voided provision. This section does not require 13 either party to the contract to divulge the information in the 14 contract to another person. 15 Sec. 29. Section 206.8, subsection 3, Code 2023, is amended 16 to read as follows: 17 3. Up to twenty-five dollars of each annual license fee 18 shall be retained by the department for administration of the 19 program, and the remaining moneys collected shall be deposited 20 in the agriculture management account of the groundwater 21 protection fund created in section 455E.11 . 22 Sec. 30. Section 206.12, subsection 3, Code 2023, is amended 23 to read as follows: 24 3. The registrant, before selling or offering for sale any 25 pesticide for use in this state, shall register each brand 26 and grade of such pesticide with the secretary upon forms 27 furnished by the secretary , and the . The secretary shall set 28 the registration fee annually at three hundred dollars for 29 each and every brand and grade to be offered for sale in this 30 state. The secretary shall adopt by rule exemptions to the 31 fee. Fifty dollars of each fee collected shall be deposited 32 in the general fund of the state, shall be subject to the 33 requirements of section 8.60 , and shall be used only for the 34 purpose of enforcing the provisions of this chapter and the . 35 -10- HF 567 (2) 90 lh/ns/md 10/ 40
H.F. 567 The remainder of each fee collected shall be placed deposited 1 in the agriculture management account of the groundwater 2 protection fund created in section 455E.11 . 3 Sec. 31. Section 210.23, Code 2023, is amended to read as 4 follows: 5 210.23 Exception. 6 Any person engaged in operating a home food processing 7 establishment as defined in section 137D.1 is exempt from the 8 provisions of sections 210.19 through 210.22 . 9 Sec. 32. Section 232.46, subsection 3, Code 2023, is amended 10 to read as follows: 11 3. A consent decree shall not be entered unless the child 12 and the childs parent, guardian , or custodian is are informed 13 of the consequences of the decree by the court and the court 14 determines that the child has voluntarily and intelligently 15 agreed to the terms and conditions of the decree. If the 16 county attorney objects to the entry of a consent decree, 17 the court shall proceed to determine the appropriateness of 18 entering a consent decree after consideration of any objections 19 or reasons for entering such a decree. 20 Sec. 33. Section 237.18, subsection 2, paragraph d, 21 unnumbered paragraph 1, Code 2023, is amended to read as 22 follows: 23 Establish mandatory training programs for members of the 24 state board. Training shall focus on , but not be limited to , 25 the following: 26 Sec. 34. Section 252B.6A, subsection 2, paragraph b, 27 subparagraph (2), unnumbered paragraph 1, Code 2023, is amended 28 to read as follows: 29 The department shall adopt rules which include , but are 30 not limited to , exemption from application of this section 31 to proceedings based upon , but not limited to , any of the 32 following: 33 Sec. 35. Section 252B.6A, subsection 4, Code 2023, is 34 amended to read as follows: 35 -11- HF 567 (2) 90 lh/ns/md 11/ 40
H.F. 567 4. For the purposes of this section , a judicial proceeding 1 means an action to enforce support filed with a court of 2 competent jurisdiction in which the court issues an order which 3 identifies the amount of the support collection which is a 4 direct result of the court proceeding. Judicial proceedings 5 include but are not limited to those pursuant to chapters 6 chapter 598 , 626 , 633 , 642 , 654 , or 684 and also include 7 contempt proceedings if the collection payment is identified in 8 the court order as the result of such a proceeding. Judicial 9 proceedings do not include enforcement actions which the unit 10 is required to implement under federal law including , but not 11 limited to , income withholding. 12 Sec. 36. Section 252D.16, subsection 2, Code 2023, is 13 amended to read as follows: 14 2. Payor of income or payor means and includes , but is 15 not limited to , an obligors employer, trustee, the state of 16 Iowa and all governmental subdivisions and agencies and any 17 other person from whom an obligor receives income. 18 Sec. 37. Section 256.82, subsection 1, paragraph a, 19 subparagraph (3), Code 2023, is amended to read as follows: 20 (3) One member shall be appointed from the membership of 21 a fund-raising fundraising nonprofit organization financially 22 assisting the Iowa public broadcasting division. 23 Sec. 38. Section 256B.2, subsection 2, paragraph c, Code 24 2023, is amended to read as follows: 25 c. For those children who cannot adapt to the regular 26 educational or home living conditions, and who are attending 27 facilities under chapters chapter 263 , 269 , and or 270 , upon 28 the request of the board of directors of an area education 29 agency, the department of human services shall provide 30 residential or detention facilities and the area education 31 agency shall provide special education programs and services. 32 The area education agencies shall cooperate with the state 33 board of regents to provide the services required by this 34 chapter . 35 -12- HF 567 (2) 90 lh/ns/md 12/ 40
H.F. 567 Sec. 39. Section 260C.44, subsection 2, paragraph c, Code 1 2023, is amended to read as follows: 2 c. Apprenticeship program means a plan, registered 3 with the United States department of labor, office of 4 apprenticeship which contains the terms and conditions for the 5 qualification, recruitment, selection, employment, and training 6 of apprentices, including the requirement for a written 7 apprenticeship agreement. 8 Sec. 40. Section 261.85, subsection 2, Code 2023, is amended 9 to read as follows: 10 2. From moneys appropriated in this section , one 11 million five hundred thousand dollars shall be allocated to 12 institutions of higher education under the state board of 13 regents and community colleges and the remaining dollars 14 moneys appropriated in this section shall be allocated by the 15 commission on the basis of need as determined by the portion of 16 the federal formula for distribution of work-study funds that 17 relates to the current need of institutions. 18 Sec. 41. Section 261.114, subsection 9, Code 2023, is 19 amended to read as follows: 20 9. Trust fund established. A rural Iowa advanced registered 21 nurse practitioner and physician assistant trust fund is 22 created in the state treasury as a separate fund under the 23 control of the commission. The commission shall remit all 24 repayments made pursuant to this section to the rural Iowa 25 advanced registered nurse practitioner and physician assistant 26 trust fund. All moneys deposited or paid into the trust fund 27 are appropriated and made available to the commission to be 28 used for meeting the requirements of this section . Moneys in 29 the fund up to the total amount that an eligible student may 30 receive for an eligible loan in accordance with this section 31 and upon fulfilling the requirements of subsection 3 shall be 32 considered encumbered for the duration of the agreement entered 33 into pursuant to subsection 3 . Notwithstanding section 8.33 , 34 any balance in the fund on June 30 of each fiscal year shall not 35 -13- HF 567 (2) 90 lh/ns/md 13/ 40
H.F. 567 revert to the general fund of the state, but shall be available 1 for purposes of this section in subsequent fiscal years. 2 Notwithstanding section 8.33 , any balance in the fund on June 3 30, 2023, shall not revert to the general fund of the state but 4 shall be transferred to the health care loan repayment award 5 fund established pursuant to section 261.116 to be used for 6 purposes of the health care loan repayment award program. 7 Sec. 42. Section 261.117, subsection 1, paragraph e, 8 subparagraph (4), Code 2023, is amended to read as follows: 9 (4) The individual is not eligible for the rural Iowa 10 advanced registered nurse practitioner and physician assistant 11 loan repayment program established pursuant to section 261.114 . 12 Sec. 43. Section 262.71, subsections 2 and 3, Code 2023, are 13 amended to read as follows: 14 2. The Iowa state university of science and technology . 15 3. The state university of Iowa. 16 Sec. 44. Section 262.78, subsections 1 and 3, Code 2023, are 17 amended to read as follows: 18 1. The board of regents shall establish a center for 19 agricultural safety and health at the state university of Iowa. 20 The center shall be a joint venture by the state university of 21 Iowa and Iowa state university of science and technology. The 22 center shall establish farm health and safety programs designed 23 to reduce the incidence of disabilities suffered by persons 24 engaged in agriculture which results from disease or injury. 25 The state university of Iowa is primarily responsible for the 26 management of agricultural health and injury programs at the 27 center. Iowa state university of science and technology is 28 primarily responsible for the management of the agricultural 29 safety programs of the center. 30 3. The president of the state university of Iowa, in 31 consultation with the president of Iowa state university of 32 science and technology, shall employ a full-time director 33 of the center. The center may employ staff to carry out 34 the centers purpose. The director shall coordinate the 35 -14- HF 567 (2) 90 lh/ns/md 14/ 40
H.F. 567 agricultural health and safety programs of the center. The 1 director shall regularly meet and consult with the center for 2 rural health and primary care. The director shall provide 3 the board of regents with relevant information regarding the 4 center. 5 Sec. 45. Section 279.41, subsection 1, Code 2023, is amended 6 to read as follows: 7 1. Moneys received from the condemnation, sale, or other 8 disposition for public purposes of schoolhouses, school sites, 9 or both schoolhouses and school sites, shall be deposited in 10 the physical plant and equipment levy fund and may , without a 11 vote of the electorate , be used for purposes authorized under 12 section 298.3 , as ordered by the board of directors of the 13 school corporation. 14 Sec. 46. Section 298A.8, subsections 1 and 3, Code 2023, are 15 amended to read as follows: 16 1. The student activity fund is a special revenue fund. 17 A student activity fund must be established in any school 18 corporation receiving money from student-related activities 19 such as admissions, activity fees, student dues, student 20 fund-raising fundraising events, or other student-related 21 cocurricular or extracurricular activities. Moneys in 22 this fund shall be used to support only the cocurricular or 23 extracurricular program defined in department of education 24 administrative rules. 25 3. For the school budget year beginning July 1, 2020, the 26 school budget year beginning July 1, 2021, and the school 27 budget year beginning July 1, 2022, the board of directors 28 may, by board resolution and notwithstanding any provision of 29 law to the contrary, transfer from the school corporations 30 general fund to the student activity fund an amount necessary, 31 as recommended by the superintendent, to fund cocurricular 32 or extracurricular activities for which moneys from 33 student-related activities such as admissions, activity fees, 34 student dues, student fund-raising fundraising events, or other 35 -15- HF 567 (2) 90 lh/ns/md 15/ 40
H.F. 567 student-related cocurricular or extracurricular activities fail 1 to meet the financial needs of the activity as the result of 2 restrictions placed on the activity related to the COVID-19 3 pandemic. This subsection is repealed July 1, 2023. 4 Sec. 47. Section 314.11, Code 2023, is amended to read as 5 follows: 6 314.11 Use of bridges by utility companies. 7 Telephone, telegraph, electric transmission , and pipe lines 8 pipelines may be permitted to use any highway bridge on or 9 across a state line on such terms and conditions as the agency 10 or officials jointly constructing, maintaining , or operating 11 such bridge may jointly determine. No discrimination shall 12 be made in the use of such bridge as between such utilities. 13 Joint use of telephone, telegraph, electric transmission , or 14 pipe lines pipelines may not be required. No grant to any 15 public utility to use such bridge shall in any way interfere 16 with the use of such bridge by the public for highway purposes. 17 Sec. 48. Section 314.22, subsection 3, paragraph a, 18 unnumbered paragraph 1, Code 2023, is amended to read as 19 follows: 20 The director of the department shall appoint members to an 21 integrated roadside vegetation management technical advisory 22 committee which is created to provide advice on the development 23 and implementation of a statewide integrated roadside 24 vegetation management plan and program and related projects. 25 The department shall report annually in January to the general 26 assembly regarding its activities and those of the committee. 27 Activities of the committee may include , but are not limited 28 to , providing advice and assistance in the following areas: 29 Sec. 49. Section 314.22, subsection 4, unnumbered paragraph 30 1, Code 2023, is amended to read as follows: 31 The integrated roadside vegetation management coordinator 32 shall administer the departments integrated roadside 33 vegetation management plan and program. The department 34 may create the position of integrated roadside vegetation 35 -16- HF 567 (2) 90 lh/ns/md 16/ 40
H.F. 567 management coordinator within the department or may contract 1 for the services of the coordinator. The duties of the 2 coordinator include , but are not limited to , the following: 3 Sec. 50. Section 314.22, subsection 8, paragraph a, 4 unnumbered paragraph 1, Code 2023, is amended to read as 5 follows: 6 The department shall coordinate and compile integrated 7 roadside vegetation inventories, classification systems, 8 plans, and implementation strategies for roadsides. Areas of 9 increased program and project emphasis may include , but are not 10 limited to , all of the following: 11 Sec. 51. Section 320.7, Code 2023, is amended to read as 12 follows: 13 320.7 Failure to maintain. 14 Failure of the grantee to comply with the terms of the grant 15 shall be ground grounds for forfeiture of the grant. 16 Sec. 52. Section 327D.5, Code 2023, is amended to read as 17 follows: 18 327D.5 Burden of proof. 19 In any action in court, or before the department, brought 20 against a railroad corporation for the purpose of enforcing 21 rights arising under the provisions of this section and 22 sections 327D.3 and 327D.4 the burden of proving that the 23 provisions thereof have been complied with by such railroad 24 corporation, shall be upon such railroad corporation. 25 Sec. 53. Section 328.26, subsection 2, Code 2023, is amended 26 to read as follows: 27 2. When an aircraft is registered to a person for the first 28 time, the fee submitted to the department shall include the tax 29 imposed by section 423.2 or section 423.5 or evidence of the 30 exemption of the aircraft from the tax imposed under section 31 423.2 or 423.5 . 32 Sec. 54. Section 331.653, subsection 12, Code 2023, is 33 amended to read as follows: 34 12. Observe and inspect any licensed premise premises for 35 -17- HF 567 (2) 90 lh/ns/md 17/ 40
H.F. 567 gambling devices and report findings to the license-issuing 1 authority as provided in section 99A.4 . 2 Sec. 55. Section 346.27, subsections 2 and 4, Code 2023, are 3 amended to read as follows: 4 2. Any county may join with its county seat to incorporate 5 an Authority authority for the purpose of acquiring, 6 constructing, demolishing, improving, enlarging, equipping, 7 furnishing, repairing, maintaining, and operating a public 8 building, and to acquire and prepare the necessary site, 9 including demolition of any structures, for the joint use of 10 the county and city or any school district which is within or 11 is a part of the county or city. 12 4. The articles of incorporation shall set forth the name 13 of the authority, the name of the incorporating units, the 14 purpose for which the authority is created, the number, terms, 15 and manner of selection of its officers including its governing 16 body which shall be known as the commission commission , the 17 powers and duties of the authority and of its officers, the 18 date upon which the authority becomes effective, the name of 19 the newspaper in which the articles of incorporation shall be 20 published, and any other matters. 21 Sec. 56. Section 350.1, Code 2023, is amended to read as 22 follows: 23 350.1 Purposes. 24 The purposes of this chapter are to create a county 25 conservation board ; and to authorize counties to acquire, 26 develop, maintain, and make available to the inhabitants 27 of the county, public museums, parks, preserves, parkways, 28 playgrounds, recreational centers, county forests, and wildlife 29 and other conservation areas ; , and to promote and preserve the 30 health and general welfare of the people , ; to encourage the 31 orderly development and conservation of natural resources , ; and 32 to cultivate good citizenship by providing adequate programs of 33 public recreation. 34 Sec. 57. Section 350.4, unnumbered paragraph 1, Code 2023, 35 -18- HF 567 (2) 90 lh/ns/md 18/ 40
H.F. 567 is amended to read as follows: 1 The county conservation board shall have the custody, 2 control , and management of all real and personal property 3 heretofore or hereafter acquired by the county for public 4 museums, parks, preserves, parkways, playgrounds, recreation 5 centers, county forests, county wildlife areas, and other 6 county conservation and recreation purposes and is authorized 7 and empowered: 8 Sec. 58. Section 350.4, subsections 4, 5, and 7, Code 2023, 9 are amended to read as follows: 10 4. To plan, develop, preserve, administer and maintain all 11 such areas, places , and facilities, and construct, reconstruct, 12 alter , and renew buildings and other structures, and equip and 13 maintain the same. 14 5. To accept in the name of the county gifts, bequests, 15 contributions , and appropriations of money and other personal 16 property for conservation purposes. 17 7. To charge and collect reasonable fees for the use of 18 the parks, facilities, privileges , and conveniences as may 19 be provided and for admission to amateur athletic contests, 20 demonstrations and exhibits, and other noncommercial events. 21 The board shall not allow the exclusive use of a park by one or 22 more organizations. 23 Sec. 59. Section 350.5, subsection 1, Code 2023, is amended 24 to read as follows: 25 1. The county conservation board may make, alter, amend , or 26 repeal regulations for the protection, regulation, and control 27 of all museums, parks, preserves, parkways, playgrounds, 28 recreation centers, and other property under its control. The 29 regulations shall not be contrary to, or inconsistent with, the 30 laws of this state. 31 Sec. 60. Section 357.18, Code 2023, is amended to read as 32 follows: 33 357.18 Acceptance of work. 34 When in the opinion of the engineer in charge , the 35 -19- HF 567 (2) 90 lh/ns/md 19/ 40
H.F. 567 construction in any benefited water district has been completed 1 in accordance with the plans, specifications, and contract, the 2 engineer shall certify this fact to the board of supervisors , 3 and recommend the acceptance of the work by the said board. 4 The board of supervisors shall proceed in accordance with 5 sections 468.101 and 468.102 . 6 Sec. 61. Section 376.3, Code 2023, is amended to read as 7 follows: 8 376.3 Nominations. 9 Candidates for elective city offices must be nominated as 10 provided in sections 376.4 through 376.9 , unless by ordinance 11 a city chooses the provisions of chapter 44 or 45 . However, 12 a city acting under a special charter in 1973 and having a 13 population of over fifty thousand shall continue to hold 14 partisan elections as provided in sections 43.112 through 15 43.118 and sections 420.126 through 420.137 , unless the city by 16 election as provided in section 43.112 chooses to conduct city 17 elections under this chapter or chapter 44 or 45 . The choice 18 of one of these options by such a special charter city does not 19 otherwise affect the validity of the citys charter. However, 20 special charter cities which choose to exercise the option to 21 conduct nonpartisan city elections may choose , in the same 22 manner the original decision was made, to resume holding city 23 elections on a partisan basis. 24 Sec. 62. Section 384.84A, subsection 5, Code 2023, is 25 amended to read as follows: 26 5. If a city is required by the federal environmental 27 protection agency to file application for storm water sewer 28 discharge or storm water drainage system under the federal 29 Clean Water Act of 1987, this section does not apply to that 30 city with respect to improvements and facilities required 31 for compliance with EPA federal environmental protection 32 agency regulations, or any city that enters into a chapter 33 28E agreement to implement a joint storm water discharge or 34 drainage system with a city that is required by the federal 35 -20- HF 567 (2) 90 lh/ns/md 20/ 40
H.F. 567 environmental protection agency to file application for storm 1 water discharge or storm water drainage system. 2 Sec. 63. Section 411.21, subsections 5 and 6, Code 2023, are 3 amended to read as follows: 4 5. A member of the retirement system prior to July 1, 5 1979 , with fifteen or more years of service whose employment 6 was terminated prior to retirement, other than by death or 7 disability, is entitled to receipt of the members accumulated 8 contributions upon retirement together with other retirement 9 benefits provided in the law on the date of the members 10 retirement. 11 6. Any member in service prior to July 1, 1979 , may at 12 the time of the members retirement withdraw the members 13 accumulated contributions made before July 1, 1979 , or receive 14 an annuity which shall be the actuarial equivalent of the 15 members accumulated contributions at the time of the members 16 retirement. 17 Sec. 64. Section 411.21, subsection 7, paragraph a, Code 18 2023, is amended to read as follows: 19 a. Notwithstanding subsections 1, 3, 4, 5 , and 6 of this 20 section , beginning January 1, 1981, an active or vested member 21 may request in writing and receive from the board of trustees, 22 the members accumulated contributions from the annuity savings 23 fund and remain eligible to receive benefits under section 24 411.6 . However, a member with fifteen or more years of service 25 prior to July 1, 1979, is not eligible for a service retirement 26 allowance under section 411.6 if the member withdrew the 27 members accumulated contributions from the annuity savings 28 fund after July 1, 1972 , but prior to July 1, 1979, except as 29 provided in section 411.4 . Accumulated contributions shall be 30 paid according to the following schedule: 31 (1) During the period beginning January 1, 1981 , and ending 32 December 31, 1982, any member who has completed twenty or more 33 years of service. 34 (2) During the period beginning January 1, 1983 , and ending 35 -21- HF 567 (2) 90 lh/ns/md 21/ 40
H.F. 567 December 31, 1984, any member who has completed fifteen or more 1 years of service. 2 (3) During the period beginning January 1, 1985 , and ending 3 December 31, 1986, any member who has completed ten or more 4 years of service. 5 (4) During the period beginning January 1, 1987 , and ending 6 December 31, 1988, any member who has completed five or more 7 years of service. 8 Sec. 65. Section 419.2, subsections 6 and 8, Code 2023, are 9 amended to read as follows: 10 6. To grant easements for roads, streets, water mains and 11 pipes, sewers, power lines, telephone lines, all pipe lines 12 pipelines , and to all utilities. 13 8. To issue revenue bonds for the purpose of retiring any 14 existing indebtedness of a health care facility, clinic , or 15 voluntary nonprofit hospital, to secure payment of the bonds 16 as provided in this chapter , and to enter into agreements 17 with others with respect to these bonds for such payments and 18 upon such terms and conditions as the governing body may deem 19 advisable in accordance with the provisions of this chapter . 20 The retiring of any existing indebtedness of a health care 21 facility, clinic , or voluntary nonprofit hospital shall be 22 deemed a project for the purposes of this chapter . 23 Sec. 66. Section 421.24, subsection 4, paragraph a, Code 24 2023, is amended to read as follows: 25 a. At the request of the director , the attorney general 26 may bring suit in the name of this state , in the appropriate 27 court of any other state to collect any tax legally due in 28 this state, and any political subdivision of this state or the 29 appropriate officer, acting in its behalf, may bring suit in 30 the appropriate court of any other state to collect any tax 31 legally due to such political subdivision. 32 Sec. 67. Section 422.11L, subsection 6, Code 2023, is 33 amended to read as follows: 34 6. For purposes of this section , Internal Revenue Code 35 -22- HF 567 (2) 90 lh/ns/md 22/ 40
H.F. 567 means the Internal Revenue Code of 1954, prior to the date 1 of its redesignation as the Internal Revenue Code of 1986 by 2 the Tax Reform Act of 1986, or means the Internal Revenue Code 3 of 1986 as amended and in effect on January 1, 2016. This 4 definition shall not be construed to include any amendment to 5 the Internal Revenue Code enacted after the date specified in 6 the preceding sentence January 1, 2016 , including any amendment 7 with retroactive applicability or effectiveness. 8 Sec. 68. Section 428A.9, Code 2023, is amended to read as 9 follows: 10 428A.9 Refund of tax. 11 To receive a refund from the state , the taxpayer shall 12 petition the state appeal board for a refund of the amount of 13 overpayment of the tax remitted to the department of revenue. 14 To receive a refund from the county , the taxpayer shall 15 petition the board of supervisors for a refund of the remaining 16 portion of the overpayment paid to that county. 17 Sec. 69. Section 455B.224, Code 2023, is amended to read as 18 follows: 19 455B.224 Simple misdemeanor. 20 Any person, including any firm, corporation, municipal 21 corporation, or other governmental subdivision or agency, 22 violating any provisions of this part 2 of subchapter III or 23 the rules adopted under this part after written notice of the 24 violation by the executive director is guilty of a simple 25 misdemeanor. Each day of operation in such violation of this 26 part or any rules adopted under this part shall constitute a 27 separate offense. It shall be the duty of the appropriate 28 county attorney to secure injunctions of continuing violations 29 of any provisions of this part or the rules adopted under this 30 part . 31 Sec. 70. Section 455B.301, subsection 27, Code 2023, is 32 amended to read as follows: 33 27. Sanitary disposal project means all facilities 34 and appurtenances including all real and personal property 35 -23- HF 567 (2) 90 lh/ns/md 23/ 40
H.F. 567 connected with such facilities, which are acquired, purchased, 1 constructed, reconstructed, equipped, improved, extended, 2 maintained, or operated to facilitate the final disposition of 3 solid waste without creating a significant hazard to the public 4 health or safety, and which are approved by the executive 5 director. Sanitary disposal project does not include a 6 pyrolysis or gasification facility. 7 Sec. 71. Section 455B.395, Code 2023, is amended to read as 8 follows: 9 455B.395 Public information. 10 Information obtained under this part 4, or a rule, order , 11 or condition adopted or issued under this part 4 , or an 12 investigation authorized thereby, shall be available to the 13 public unless the information constitutes trade secrets or 14 information which is entitled to confidential treatment in 15 order to protect a plan, process, tool, mechanism, or compound 16 which is known only to the person claiming confidential 17 treatment and confidential treatment is necessary to protect 18 the persons trade, business or manufacturing process. 19 Sec. 72. Section 455B.473, subsection 6, Code 2023, is 20 amended to read as follows: 21 6. Subsections 1 through 3 do not apply to an underground 22 storage tank for which notice was given pursuant to section 23 103, subsection c, of the Comprehensive Environmental Response, 24 Compensation, and Liabilities Liability Act of 1980. 25 Sec. 73. Section 455B.479, Code 2023, is amended to read as 26 follows: 27 455B.479 Storage tank management fee. 28 An owner or operator of an underground storage tank shall 29 pay an annual storage tank management fee of sixty-five dollars 30 per tank of over one thousand one hundred gallons capacity. 31 The fees collected shall be deposited in the storage tank 32 management account of the groundwater protection fund created 33 in section 455E.11 . 34 Sec. 74. Section 455F.7, subsection 1, Code 2023, is amended 35 -24- HF 567 (2) 90 lh/ns/md 24/ 40
H.F. 567 to read as follows: 1 1. A retailer offering for sale or selling a household 2 hazardous material shall have a valid permit for each place of 3 business owned or operated by the retailer for this activity. 4 All permits provided for in this section shall expire on 5 June 30 of each year. Every retailer shall submit an annual 6 application by July 1 of each year and a fee of twenty-five 7 dollars to the department of revenue for a permit upon a 8 form prescribed by the director of revenue. Permits are 9 nonrefundable, are based upon an annual operating period, and 10 are not prorated. A person in violation of this section shall 11 be subject to permit revocation upon notice and hearing. The 12 department shall remit the fees collected to the household 13 hazardous waste account of the groundwater protection fund 14 created in section 455E.11 . A person distributing general use 15 pesticides labeled for agricultural or lawn and garden use with 16 gross annual pesticide sales of less than ten thousand dollars 17 is subject to the requirements and fee payment prescribed by 18 this section . 19 Sec. 75. Section 455G.4, subsection 6, Code 2023, is amended 20 to read as follows: 21 6. Reporting. Beginning July 2003, the board shall submit 22 a written report quarterly to the legislative council, the 23 chairperson and ranking member of the committee on natural 24 resources and environment and energy independence in the 25 senate, and the chairperson and ranking member of the committee 26 on environmental protection in the house of representatives 27 regarding changes in the status of the program including but 28 not limited to the number of open claims by claim type; the 29 number of new claims submitted and the eligibility status 30 of each claim; a summary of the risk classification of open 31 claims; the status of all claims at high-risk sites including 32 the number of corrective action design reports submitted, 33 approved, and implemented during the reporting period; total 34 moneys reserved on open claims and total moneys paid on 35 -25- HF 567 (2) 90 lh/ns/md 25/ 40
H.F. 567 open claims; and a summary of budgets approved and invoices 1 paid for high-risk site activities including a breakdown by 2 corrective action design report, construction and equipment, 3 implementation, operation and maintenance, monitoring, over 4 excavation, free product recovery, site reclassification, 5 reporting and other expenses, or a similar breakdown. In 6 each report submitted by the board, the board shall include 7 an estimated timeline to complete corrective action at all 8 currently eligible high-risk sites where a corrective action 9 design report has been submitted by a claimant and approved 10 during the reporting period. The timeline shall include the 11 projected year when a no further action designation will be 12 obtained based upon the corrective action activities approved 13 or anticipated at each claimant site. The timeline shall be 14 broken down in annual increments with the number or percentage 15 of sites projected to be completed for each time period. The 16 report shall identify and report steps taken to expedite 17 corrective action and eliminate the states liability for open 18 claims. 19 Sec. 76. Section 456B.11, Code 2023, is amended to read as 20 follows: 21 456B.11 Agricultural drainage wells wetlands 22 conservation easements. 23 The department shall develop and implement a program for 24 the acquisition of wetlands and conservation easements on and 25 around wetlands that result from the closure or change in use 26 of agricultural drainage wells upon implementation of the 27 programs specified in section 460.302 to eliminate groundwater 28 contamination caused by the use of agricultural drainage 29 wells. The program shall be coordinated with the department 30 of agriculture and land stewardship. The department may use 31 moneys appropriated for this purpose from the agriculture 32 management account of the groundwater protection fund created 33 in section 455E.11 in addition to other moneys available for 34 wetland acquisition, protection, development, and management. 35 -26- HF 567 (2) 90 lh/ns/md 26/ 40
H.F. 567 Sec. 77. Section 458A.25, Code 2023, is amended to read as 1 follows: 2 458A.25 Liens for labor or materials and of contractor and 3 subcontractor manner of perfecting liens enforcement of 4 liens. 5 Provisions of chapter 572 as to mechanics liens or labor 6 and materials furnished for improvements on real estate 7 and of contractors and subcontractors shall apply to labor 8 and materials furnished for gas or oil wells, or pipe lines 9 pipelines . The liens shall not attach on the real estate, 10 but shall attach to the whole of the lease held, and upon the 11 gas or oil wells, buildings and appurtenances, and pipe lines 12 pipelines for which said the labor or materials were furnished, 13 and shall be perfected and enforced as provided by chapter 572 . 14 Sec. 78. Section 460.302, subsection 2, paragraph a, Code 15 2023, is amended to read as follows: 16 a. Financial incentive moneys may be allocated from the 17 financial incentive portion of the agriculture management 18 account of the groundwater protection fund created in section 19 455E.11 to implement alternatives to agricultural drainage 20 wells. 21 Sec. 79. Section 490.143, subsection 1, paragraph e, 22 subparagraphs (1) and (2), Code 2023, are amended to read as 23 follows: 24 (1) Pursues or takes advantage of the business opportunity, 25 directly , or indirectly through or on behalf of another person. 26 (2) Has a material relationship with a director or officer 27 who pursues or takes advantage of the business opportunity, 28 directly , or indirectly through or on behalf of another person. 29 Sec. 80. Section 514A.3, subsection 1, paragraph m, Code 30 2023, is amended to read as follows: 31 m. (1) A provision as follows: 32 Right to return policy: The insured has the right, within 33 ten days after receipt of this policy, to return it to the 34 company at its home office or branch office or to the agent 35 -27- HF 567 (2) 90 lh/ns/md 27/ 40
H.F. 567 through whom it was purchased, and if so returned the premium 1 paid will be refunded and the policy will be void from the 2 beginning and the parties shall be in the same position as if 3 a policy had not been issued. 4 (2) The foregoing provision shall be prominently printed on 5 the first page of the policy or attached to the policy. 6 (3) The provisions of this paragraph m shall apply to any 7 insurance policy which is delivered or issued for delivery or 8 renewed in this state on or after July 1, 1978. 9 Sec. 81. Section 514A.3, subsection 2, paragraph c, Code 10 2023, is amended to read as follows: 11 c. (1) A provision as follows: 12 Other insurance in this insurer: If an accident or sickness 13 or accident and sickness policy or policies previously 14 issued by the insurer to the insured be in force concurrently 15 herewith, making the aggregate indemnity for ... (insert type 16 of coverage or coverages) in excess of $ ... (insert maximum 17 limit of indemnity or indemnities) the excess insurance shall 18 be void and all premiums paid for such excess shall be returned 19 to the insured or to the insureds estate. 20 (2) Or, in lieu thereof: 21 Insurance effective at any one time on the insured under 22 a like policy or policies in this insurer is limited to the 23 one such policy elected by the insured, or the insureds 24 beneficiary or estate, as the case may be, and the insurer will 25 return all premiums paid for all other such policies. 26 Sec. 82. Section 514E.2, subsection 2, paragraph b, Code 27 2023, is amended to read as follows: 28 b. The composition of the board of directors shall be in 29 compliance with sections 69.16 and 69.16A . The governors 30 appointees shall be chosen from a broad cross-section cross 31 section of the residents of this state. 32 Sec. 83. Section 518B.1, subsection 3, Code 2023, is amended 33 to read as follows: 34 3. The Act means Section section 1223 of the federal 35 -28- HF 567 (2) 90 lh/ns/md 28/ 40
H.F. 567 Housing and Urban Development Act of 1968, Pub. L. No. 90-448, 1 90th Congress approved August 1, 1968. 2 Sec. 84. Section 521A.1, subsection 3, Code 2023, is amended 3 to read as follows: 4 3. Control , including controlling , controlled by , and 5 under common control with , shall mean the possession, direct 6 or indirect, of the power to direct or cause the direction 7 of the management and policies of a person, whether through 8 the ownership of voting securities, by contract other than 9 a commercial contract for goods or nonmanagement services, 10 or otherwise, unless the power is solely the result of an 11 official position with or a corporate office held by the 12 person. Control shall be presumed to exist if any person, 13 directly or indirectly, owns, controls, holds with the power 14 to vote, or holds proxies representing, ten percent or more of 15 the voting securities of any other person. This presumption 16 may be rebutted by a showing made in the manner provided in 17 section 521A.3, subsections 1 through 5 , inclusive, or section 18 521A.4, subsection 11 , whichever is applicable, that control 19 does not exist in fact. The commissioner may determine, after 20 furnishing all persons in interest notice and opportunity to 21 be heard and making specific findings of fact to support the 22 determination, that control exists in fact, notwithstanding the 23 absence of a presumption to that effect. 24 Sec. 85. Section 524.103, subsection 22, Code 2023, is 25 amended to read as follows: 26 22. Evidence of indebtedness means a note, draft , or 27 similar negotiable or nonnegotiable instrument. 28 Sec. 86. Section 524.207, subsection 2, Code 2023, is 29 amended to read as follows: 30 2. All fees and assessments generated as the result of a 31 national bank or federal savings association converting to a 32 state bank on or after December 31, 2015, and thereafter, are 33 payable to the superintendent. The superintendent shall pay 34 all the fees and assessments received by the superintendent 35 -29- HF 567 (2) 90 lh/ns/md 29/ 40
H.F. 567 pursuant to this subsection to the treasurer of state within 1 the time required by section 12.10 and the fees and assessments 2 shall be deposited into the department of commerce revolving 3 fund created in section 546.12 . An amount equal to such fees 4 and assessments deposited into the department of commerce 5 revolving fund is appropriated from the department of commerce 6 revolving fund to the banking division of the department of 7 commerce for the fiscal year in which a national bank or 8 federal savings association converted to a state bank and an 9 amount equal to such annualized fees and assessments deposited 10 into the department of commerce revolving fund in succeeding 11 years is appropriated from the department of commerce revolving 12 fund to the banking division of the department of commerce for 13 succeeding fiscal years for purposes related to the discharge 14 of the duties and responsibilities imposed upon the banking 15 division of the department of commerce, the superintendent, 16 and the state banking council by the laws of this state. This 17 appropriation shall be in addition to the appropriation of 18 moneys otherwise described in this section . If a state bank 19 converts to a national bank or federal savings association, 20 any appropriation made pursuant to this subsection for the 21 following fiscal year shall be reduced by the amount of the 22 assessment paid by the state bank during the fiscal year in 23 which the state bank converted to a national bank or federal 24 savings association. 25 Sec. 87. Section 524.302, subsection 1, paragraph e, Code 26 2023, is amended to read as follows: 27 e. The number of directors constituting the initial board 28 of directors and the names and addresses of the individuals 29 who are to serve as directors until the first annual meeting 30 of shareholders or until their successors be are elected and 31 qualify. 32 Sec. 88. Section 524.544, subsection 3, Code 2023, is 33 amended to read as follows: 34 3. The reports required by subsections subsection 1 and 2 35 -30- HF 567 (2) 90 lh/ns/md 30/ 40
H.F. 567 of this section shall contain information, to the extent known 1 by the person making the report, relative to the number of 2 shares involved, the names of the sellers and purchasers or 3 transferors and transferees, the purchase price, the name of 4 the borrower, the amount, source, and terms of the loan, or 5 other transaction, the name of the bank issuing the shares used 6 as security, and the number of shares used as security. 7 Sec. 89. Section 524.1405, subsection 2, paragraph d, Code 8 2023, is amended to read as follows: 9 d. The name of the survivor may be , but need not be, 10 substituted in any pending proceeding for the name of any party 11 to the merger whose separate existence ceased in the merger. 12 Sec. 90. Section 524.1508, subsection 1, paragraphs b and c, 13 Code 2023, are amended to read as follows: 14 b. Written or printed notice setting forth the proposed 15 restated articles or a summary of the provisions of the 16 proposed restated articles shall be given to each shareholder 17 of record entitled to vote on the proposed restated articles 18 within the time and in the manner provided in section 524.533 . 19 If the meeting be is an annual meeting, the proposed restated 20 articles may be included in the notice of such annual meeting. 21 If the restated articles include an amendment or amendments to 22 the articles of incorporation, the notice shall separately set 23 forth such amendment or amendments or a summary of the changes 24 to be effected by the amendment or amendments. 25 c. At the meeting , a vote of the shareholders entitled to 26 vote on the proposed restated articles shall be taken on the 27 proposed restated articles. The proposed restated articles 28 shall be adopted upon receiving the affirmative vote of the 29 holders of a majority of the shares entitled to vote, unless 30 such restated articles include an amendment to the articles of 31 incorporation which, if contained in a proposed amendment to 32 articles of incorporation to be made without restatement of 33 the articles of incorporation, would entitle a class of shares 34 to vote as a class on the proposed restated articles, in which 35 -31- HF 567 (2) 90 lh/ns/md 31/ 40
H.F. 567 event the proposed restated articles shall be adopted upon 1 receiving the affirmative vote of the holders of a majority 2 of the shares of each class of shares entitled to vote on the 3 proposed restated articles as a class, and of the total shares 4 entitled to vote on the proposed restated articles. 5 Sec. 91. Section 554.2403, subsection 3, Code 2023, is 6 amended to read as follows: 7 3. Entrusting Entrusting includes any delivery and 8 any acquiescence in retention of possession regardless of any 9 condition expressed between the parties to the delivery or 10 acquiescence and regardless of whether the procurement of the 11 entrusting or the possessors disposition of the goods have 12 been such as to be larcenous under the criminal law. 13 Sec. 92. Section 554.2707, subsection 1, Code 2023, is 14 amended to read as follows: 15 1. A person in the position of a seller person in the 16 position of a seller includes as against a principal an agent 17 who has paid or become responsible for the price of goods on 18 behalf of the agents principal or anyone who otherwise holds a 19 security interest or other right in goods similar to that of a 20 seller. 21 Sec. 93. Section 554.9208, subsection 2, paragraph f, 22 subparagraph (3), Code 2023, is amended to read as follows: 23 (3) take appropriate action to enable the debtor or its 24 designated custodian to make copies of or revisions to the 25 authoritative copy which add or change an identified assignee 26 of the authoritative copy without the consent of the secured 27 party; and 28 Sec. 94. Section 556E.2, Code 2023, is amended to read as 29 follows: 30 556E.2 Tests. 31 In any test for the ascertainment of the fineness of the 32 gold or alloy in any such article, according to the foregoing 33 standards, the part of the gold or alloy taken for the test 34 shall be such portion as does not contain or have attached 35 -32- HF 567 (2) 90 lh/ns/md 32/ 40
H.F. 567 thereto any solder or alloy of inferior fineness used for 1 brazing or uniting the parts of said article; and in addition 2 to the foregoing tests and standards, the actual fineness of 3 the entire quantity of gold and its alloys contained in any 4 article mentioned in this section and section 556E.1 , except 5 watchcases and flatware, including all solder or alloy of 6 inferior metal used for brazing or uniting the parts of the 7 article, all such gold, alloys, and solder being assayed as 8 one piece, shall not be less than the fineness indicated by 9 the mark stamped, branded, engraved, or imprinted upon such 10 article, or upon any tag, card, or label attached thereto, or 11 upon any container in which said article is enclosed. 12 Sec. 95. Section 562B.10, subsection 1, Code 2023, is 13 amended to read as follows: 14 1. The landlord and tenant may include in a rental agreement 15 terms and conditions not prohibited by this chapter or other 16 rule of law , including rent, term of the agreement , and other 17 provisions governing the rights and obligations of the parties. 18 Sec. 96. Section 592.1, Code 2023, is amended to read as 19 follows: 20 592.1 Bonds for garbage disposal plants. 21 All proceedings of such cities and towns as herein included, 22 heretofore had, subsequent to the adoption of section 696-b [SS 23 15] by the thirty-sixth general assembly Thirty-sixth General 24 Assembly , and prior to the passage of this Act, providing for 25 the issuance of bonds within the limitations of this Act, for 26 the purchase or erection of garbage disposal plants, the vote 27 of the people authorizing such issue and the bonds issued under 28 such proceedings and vote, are hereby legalized and declared 29 legal and valid, the same as though all of the provisions 30 of this Act had been included in said section 696-b of the 31 supplemental supplement Supplemental Supplement to the Code, 32 1915, and such cities may issue and sell such bonds without 33 again submitting such question to vote. 34 Sec. 97. Section 628.28, Code 2023, is amended to read as 35 -33- HF 567 (2) 90 lh/ns/md 33/ 40
H.F. 567 follows: 1 628.28 Redemption of property not used for agricultural or 2 certain residential purposes. 3 1. If real property is not used for agricultural purposes, 4 as defined in section 535.13 , and is not the residence of 5 the debtor, or if it is the residence of the debtor but not 6 a single-family or two-family dwelling, then the period of 7 redemption after foreclosure is one hundred eighty days. For 8 the first ninety days after the sale the right of redemption 9 is exclusive to the debtor and the time periods provided in 10 sections 628.5 , 628.15 , and 628.16 are reduced to one hundred 11 thirty-five days. If a deficiency judgment has been waived the 12 period of redemption is reduced to ninety days. For the first 13 thirty days after the sale the redemption is exclusively the 14 right of the debtor and the time periods provided in sections 15 628.5 , 628.15 , and 628.16 are reduced to sixty days. 16 2. If real property is not used for agricultural purposes, 17 as defined in section 535.13 , and is a single-family or 18 two-family dwelling which is the residence of the debtor at the 19 time of foreclosure but the court finds that after foreclosure 20 the dwelling has ceased to be the residence of the debtor and 21 if there are no junior creditors, the court shall order the 22 period of redemption reduced to thirty days from the date of 23 the court order. If there is a junior creditor, the court 24 shall order the redemption period reduced to sixty days. For 25 the first thirty days redemption is the exclusive right of the 26 debtor and the time periods provided in sections 628.5 , 628.15 , 27 and 628.16 are reduced to forty-five days. 28 Sec. 98. Section 636.25, Code 2023, is amended to read as 29 follows: 30 636.25 Existing investments. 31 Any fiduciary not governed by the probate code may by and 32 with the consent of the court having jurisdiction over such 33 fiduciary or under permission of the instrument creating the 34 trust, continue to hold any investment originally received by 35 -34- HF 567 (2) 90 lh/ns/md 34/ 40
H.F. 567 the fiduciary under the trust or any increase thereof. Such 1 fiduciary may also make investments which the fiduciary may 2 deem necessary to protect and safeguard investments already 3 made according to the provisions of this section and sections 4 636.23 and 636.24 . 5 Sec. 99. Section 692A.128, subsection 2, paragraph a, Code 6 2023, is amended to read as follows: 7 a. The date of the commencement of the requirement to 8 register occurred at least two years prior to the filing of the 9 application for a tier I offender and five years prior to the 10 filing of the application for a tier II or tier III offender. 11 Sec. 100. Section 804.31, subsection 1, Code 2023, is 12 amended to read as follows: 13 1. When a person is detained for questioning or arrested for 14 an alleged violation of a law or ordinance and there is reason 15 to believe that the person is deaf or hard-of-hearing hard of 16 hearing , the peace officer making the arrest or taking the 17 person into custody or any other officer detaining the person 18 shall determine if the person is a deaf or hard-of-hearing 19 person as defined in section 622B.1 . If the officer so 20 determines, the officer, at the earliest possible time and 21 prior to commencing any custodial interrogation of the person, 22 shall procure a qualified interpreter in accordance with 23 section 622B.2 and the rules adopted by the supreme court 24 under section 622B.1 unless the deaf or hard-of-hearing person 25 knowingly, voluntarily, and intelligently waives the right to 26 an interpreter in writing by executing a form prescribed by 27 the department of human rights and the Iowa county attorneys 28 association. The interpreter shall interpret the officers 29 warnings of constitutional rights and protections and all other 30 warnings, statements, and questions spoken or written by any 31 officer, attorney, or other person present and all statements 32 and questions communicated in sign language by the deaf or 33 hard-of-hearing person. 34 Sec. 101. Section 811.7, subsection 3, Code 2023, is amended 35 -35- HF 567 (2) 90 lh/ns/md 35/ 40
H.F. 567 to read as follows: 1 3. If the order recite recites , as the ground on which it 2 is made, the failure of the defendant to appear for judgment 3 upon conviction, the defendant must be committed according to 4 the requirements of the order; if made for any other cause and 5 the offense is bailable, the court must cause a direction to be 6 inserted in the order that the defendant be admitted to bail, 7 in a sum to be stated in the order. 8 Sec. 102. Section 904.603, Code 2023, is amended to read as 9 follows: 10 904.603 Action for damages. 11 A person receiving or who has received services, or that 12 persons family, victim , or employer may institute a civil 13 action for damages under chapter 669 or other action to 14 restrain the release of confidential records set out in section 15 904.602, subsection 2 , which is in violation of that section , 16 and a . A person, agency , or governmental body proven to have 17 released confidential records in violation of section 904.602, 18 subsection 2 , is liable for actual damages for each violation 19 and is liable for court costs and reasonable attorneys fees 20 incurred by the party bringing the action. 21 Sec. 103. Section 422.7, subsection 29, paragraph b, 22 subparagraph (1), as enacted by 2018 Iowa Acts, chapter 1161, 23 section 114, is amended to read as follows: 24 (1) Add back any amount of pensions or other retirement 25 income received from any source which is not taxable under 26 this division subchapter , including but not limited to amounts 27 deductible under subsections 13, 31, 31A, and 31B . 28 Sec. 104. 2022 Iowa Acts, chapter 1045, section 7, is 29 amended by striking the section and inserting in lieu thereof 30 the following: 31 SEC. 7. Section 421.65, subsection 1, paragraph b, as 32 enacted by 2020 Iowa Acts, chapter 1064, section 16, is amended 33 to read as follows: 34 b. Public agency means a board, commission, department, 35 -36- HF 567 (2) 90 lh/ns/md 36/ 40
H.F. 567 including the department of revenue, or other administrative 1 office or unit of the state of Iowa or any other state entity 2 reported in the Iowa comprehensive annual comprehensive 3 financial report, or a political subdivision of the state, or 4 an office or unit of a political subdivision. Public agency 5 does include the clerk of the district court as it relates to 6 the collection of a qualifying debt. Public agency does not 7 include the general assembly or office of the governor. 8 Sec. 105. 2022 Iowa Acts, chapter 1061, sections 53 and 54, 9 are amended to read as follows: 10 SEC. 53. EFFECTIVE DATE. The following, being deemed of 11 immediate importance, takes effect upon enactment: 12 The section of this division of this Act amending section 13 425.25A 422.25A , subsection 5 , paragraph c, subparagraph (6), 14 subparagraph division (a). 15 SEC. 54. RETROACTIVE APPLICABILITY. The following applies 16 retroactively to January 1, 2022, for tax years beginning on 17 or after that date: 18 The section of this division of this Act amending section 19 425.25A 422.25A , subsection 5 , paragraph c, subparagraph (6), 20 subparagraph division (a). 21 Sec. 106. 2022 Iowa Acts, chapter 1099, section 47, is 22 amended by striking the section and inserting in lieu thereof 23 the following: 24 SEC. 47. Section 123.49, subsection 2 , paragraph d, 25 subparagraphs (1) and (3), Code 2022, are amended to read as 26 follows: 27 (1) Keep on premises covered by a liquor control retail 28 alcohol license any alcoholic liquor in any container except 29 the original package purchased from the division, and except 30 mixed drinks or cocktails mixed on the premises for immediate 31 consumption on the licensed premises or as otherwise provided 32 by this paragraph d . This prohibition does not apply to 33 holders of a class D liquor control retail alcohol license 34 or to alcoholic liquor delivered in accordance with section 35 -37- HF 567 (2) 90 lh/ns/md 37/ 40
H.F. 567 123.46A . 1 (3) Mixed drinks or cocktails mixed on premises covered 2 by a class C liquor control retail alcohol license or a 3 class C native distilled spirits liquor control license for 4 consumption off the licensed premises may be sold if the mixed 5 drink or cocktail is immediately filled in a sealed container 6 and is promptly taken from the licensed premises prior to 7 consumption of the mixed drink or cocktail. A mixed drink 8 or cocktail that is sold in a sealed container in compliance 9 with the requirements of this subparagraph and rules adopted 10 by the division shall not be deemed an open container subject 11 to the requirements of sections 321.284 and 321.284A if the 12 sealed container is unopened and the seal has not been tampered 13 with, and the contents of the container have not been partially 14 removed. 15 Sec. 107. Section 331.389, subsection 4, paragraph a, 16 subparagraph (3), as amended by 2022 Iowa Acts, chapter 1131, 17 section 69, is amended to read as follows: 18 (b) The department shall provide written notice to the 19 a regions regional administrator that the region is in 20 compliance with the requirements in subsection 3 . 21 Sec. 108. 2022 Iowa Acts, chapter 1148, section 25, is 22 amended to read as follows: 23 SEC. 25. Section 422.60 , Code 2022, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 15. The taxes imposed under this division 26 subchapter shall be reduced by an employer child care tax 27 credit allowed pursuant to section 237A.31 . 28 Sec. 109. 2022 Iowa Acts, chapter 1153, section 38, is 29 amended by striking the section and inserting in lieu thereof 30 the following: 31 SEC. 38. Section 282.18, subsection 11 , paragraph a, 32 subparagraph (8), Code 2022, is amended to read as follows: 33 (8) If the pupil participates in open enrollment because 34 of circumstances that meet the definition of good cause under 35 -38- HF 567 (2) 90 lh/ns/md 38/ 40
H.F. 567 subsection 4 , paragraph b . For purposes of this subparagraph, 1 good cause means a change in a childs residence due to a 2 change in family residence, a change in a childs residence 3 from the residence of one parent or guardian to the residence 4 of a different parent or guardian, a change in the state in 5 which the family residence is located, a change in a childs 6 parents marital status, a guardianship or custody proceeding, 7 placement in foster care, adoption, participation in a foreign 8 exchange program, initial placement of a prekindergarten 9 student in a special education program requiring specially 10 designed instruction, or participation in a substance abuse 11 or mental health treatment program, a change in the status of 12 a childs resident district such as removal of accreditation 13 by the state board, surrender of accreditation, or permanent 14 closure of a nonpublic school, revocation of a charter school 15 contract as provided in section 256E.10 or 256F.8, the failure 16 of negotiations for a whole grade sharing, reorganization, 17 dissolution agreement, or the rejection of a current whole 18 grade sharing agreement, or reorganization plan. 19 DIVISION II 20 CODE EDITOR DIRECTIVE 21 Sec. 110. CODE EDITOR DIRECTIVE. 22 1. The Code editor is directed to make the following 23 transfer: 24 Section 89A.25 to section 89A.1A. 25 2. The Code editor shall correct internal references in the 26 Code and in any enacted legislation as necessary due to the 27 enactment of this section. 28 DIVISION III 29 EFFECTIVE DATE AND APPLICABILITY PROVISIONS 30 Sec. 111. CONTINGENT EFFECTIVE DATE. The following takes 31 effect on the effective date of the rules adopted by the 32 department of revenue pursuant to chapter 17A implementing 2020 33 Iowa Acts, chapter 1064, other than transitional rules: 34 The section of this Act amending 2022 Iowa Acts, chapter 35 -39- HF 567 (2) 90 lh/ns/md 39/ 40
H.F. 567 1045, section 7. 1 Sec. 112. EFFECTIVE DATE. The following, being deemed of 2 immediate importance, takes effect upon enactment: 3 The section of this Act amending 2022 Iowa Acts, chapter 4 1061, sections 53 and 54. 5 Sec. 113. RETROACTIVE APPLICABILITY. The following applies 6 retroactively to January 1, 2023: 7 The section of this Act amending 2018 Iowa Acts, chapter 8 1161, section 114. 9 Sec. 114. RETROACTIVE APPLICABILITY. The following applies 10 retroactively to January 1, 2022: 11 The section of this Act amending 2022 Iowa Acts, chapter 12 1061, sections 53 and 54. 13 -40- HF 567 (2) 90 lh/ns/md 40/ 40