Senate Study Bill 1153 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities, and 5 including effective date and retroactive applicability 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1829SC (13) 90 lh/ns
S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 9C.9, Code 2023, is amended to read as 3 follows: 4 9C.9 Penalty. 5 Any merchant, whether an individual person, a firm, 6 corporation, partnership , or association , violating any of 7 the provisions of this chapter shall be guilty of a simple 8 misdemeanor. Each sale made in violation of the provisions 9 hereof of this chapter shall be and constitute a separate 10 offense. 11 Sec. 2. Section 9G.4, Code 2023, is amended to read as 12 follows: 13 9G.4 Land office how kept certified copies. 14 The land office shall be kept open during business hours. 15 The documents and records therein in the land office shall be 16 subject to inspection by parties having an interest therein, 17 and certified in the documents and records. Certified copies 18 thereof of a document or record in the land office , signed 19 by the secretary, with the seal of office attached, shall be 20 deemed presumptive evidence of the facts to which they relate , 21 and on . Upon request they , certified copies of documents or 22 records shall be furnished by the secretary for a reasonable 23 compensation fee . 24 Sec. 3. Section 15E.305, subsection 2, paragraph a, Code 25 2023, is amended to read as follows: 26 a. The maximum amount of tax credits granted to a taxpayer 27 shall not exceed one hundred thousand dollars of the aggregate 28 amount of tax credits authorized . 29 Sec. 4. Section 15F.403, subsection 2, paragraph a, Code 30 2023, is amended to read as follows: 31 a. Moneys in the fund are appropriated to the authority for 32 purposes of providing financial assistance to cities, counties, 33 and public entities under the sports tourism marketing and 34 infrastructure program established and administered pursuant 35 -1- LSB 1829SC (13) 90 lh/ns 1/ 82
S.F. _____ to this subchapter . 1 Sec. 5. Section 24.30, Code 2023, is amended to read as 2 follows: 3 24.30 Review by and powers of board. 4 It shall be the duty of the state board to review and finally 5 pass upon all proposed budget expenditures, tax levies , and 6 tax assessments from which appeal is taken and it . The state 7 board shall have power and authority to approve, disapprove, 8 or reduce all such proposed budgets, expenditures, and tax 9 levies so submitted to it upon appeal, as herein provided in 10 this chapter ; but in no event may it increase such budget, 11 expenditure, tax levies or assessments or any item contained 12 therein. Said The state board shall have authority to adopt 13 rules not inconsistent with the provisions of this chapter , 14 to employ necessary assistants, authorize such expenditures, 15 require such reports, make such investigations, and take 16 such other action as it deems necessary to promptly hear and 17 determine all such appeals; provided, however, that all persons 18 so employed shall be selected from persons then regularly 19 employed in some one of the offices of the members of said the 20 state board. 21 Sec. 6. Section 27A.1, Code 2023, is amended by adding the 22 following new unnumbered paragraph before subsection 1: 23 NEW UNNUMBERED PARAGRAPH . As used in this chapter: 24 Sec. 7. Section 29C.6, subsection 3, Code 2023, is amended 25 to read as follows: 26 3. When the president of the United States has declared a 27 major disaster to exist in the state and upon the governors 28 determination that a local government of the state will suffer 29 a substantial loss of tax and other revenues from a major 30 disaster and has demonstrated a need for financial assistance 31 to perform its governmental functions, apply to the federal 32 government, on behalf of the local government for a loan, 33 receive and disburse the proceeds of any approved loan to 34 any applicant local government, determine the amount needed 35 -2- LSB 1829SC (13) 90 lh/ns 2/ 82
S.F. _____ by any applicant local government to restore or resume its 1 governmental functions, and certify the same to the federal 2 government; however, no application amount shall exceed 3 twenty-five percent of the annual operating budget of the 4 applicant for the fiscal year in which the major disaster 5 occurs. The governor may recommend to the federal government, 6 based upon the governors review, the cancellation of all or 7 any part or of repayment when, in the first three full fiscal 8 year period following the major disaster, the revenues of 9 the local government are insufficient to meet its operating 10 expenses, including additional disaster-related expenses of a 11 municipal operation character. 12 Sec. 8. Section 34A.8, subsection 2, paragraph b, Code 2023, 13 is amended to read as follows: 14 b. The director, program manager, joint 911 service board, 15 local emergency management commission established pursuant 16 to section 29C.9 , the designated next generation 911 network 17 service provider, and the public safety answering point, and 18 their agents, employees, and assigns shall use local exchange 19 service information provided by the local exchange service 20 provider solely for the purposes of providing 911 emergency 21 telephone service or providing related mass notification and 22 emergency messaging services as described in section 29C.17A 23 utilizing only the subscribers information, and local exchange 24 service information shall otherwise be kept confidential. A 25 person who violates this section paragraph is guilty of a 26 simple misdemeanor. 27 Sec. 9. Section 41.1, subsection 52, unnumbered paragraph 28 1, Code 2023, is amended to read as follows: 29 The fifty-second representative district in Marshall county 30 shall consist of: 31 Sec. 10. Section 43.2, subsection 1, paragraph b, Code 2023, 32 is amended to read as follows: 33 b. Political party shall mean a party which, at the 34 last preceding general election, cast for its candidate for 35 -3- LSB 1829SC (13) 90 lh/ns 3/ 82
S.F. _____ president of the United States or for governor, as the case 1 may be, at least two percent of the total vote cast for all 2 candidates for that office at that election. It shall be the 3 responsibility of the state commissioner to determine whether 4 any organization claiming to be a political party qualifies as 5 such under the foregoing definition this paragraph . 6 Sec. 11. Section 43.50, Code 2023, is amended to read as 7 follows: 8 43.50 Signing and filing of abstract. 9 The members of the board shall sign said abstracts and 10 certify to the correctness thereof of the abstracts made 11 under section 43.49 , and file the same abstracts with the 12 commissioner. 13 Sec. 12. Section 43.60, unnumbered paragraph 1, Code 2023, 14 is amended to read as follows: 15 The county board of supervisors shall also make a separate 16 abstract of the canvass as to the following offices and certify 17 to the same and forthwith forward it the abstract to the state 18 commissioner , viz. : 19 Sec. 13. Section 85.18, Code 2023, is amended to read as 20 follows: 21 85.18 Contract to relieve not operative. 22 No A contract, rule, or device whatsoever shall not operate 23 to relieve the employer, in whole or in part, from any 24 liability created by this chapter except as herein provided in 25 this chapter . This section does not create a private cause of 26 action. 27 Sec. 14. Section 85.38, subsection 1, Code 2023, is amended 28 to read as follows: 29 1. Contributions or donations. The compensation herein 30 provided in this chapter shall be the measure of liability 31 which the employer has assumed for injuries or death that may 32 occur to employees in the employers employment subject to the 33 provisions of this chapter , and it shall not be in anywise 34 reduced by contribution from employees or donations from any 35 -4- LSB 1829SC (13) 90 lh/ns 4/ 82
S.F. _____ source. 1 Sec. 15. Section 85.42, subsection 2, Code 2023, is amended 2 to read as follows: 3 2. A child or children under eighteen years of age, and 4 over said age if physically or mentally incapacitated from 5 earning, whether actually dependent for support or not upon the 6 parent at the time of the parents death. An adopted child or 7 children shall be regarded the same as issue of the body. A 8 child The terms child or children children , as used herein 9 in this subsection , shall also include any child or children 10 conceived but not born at the time of the employees injury, 11 and any compensation payable on account of any such child 12 or children shall be paid from the date of their birth. A 13 stepchild or stepchildren shall be regarded the same as issue 14 of the body only when the stepparent has actually provided the 15 principal support for such child or children. 16 Sec. 16. Section 85.64, Code 2023, is amended to read as 17 follows: 18 85.64 Limitation of benefits. 19 1. If an employee who has previously lost, or lost the 20 use of, one hand, one arm, one foot, one leg, or one eye, 21 becomes permanently disabled by a compensable injury which has 22 resulted in the loss of or loss of use of another such member 23 or organ, the employer shall be liable only for the degree of 24 disability which would have resulted from the latter injury 25 if there had been no preexisting disability. In addition to 26 such compensation, and after the expiration of the full period 27 provided by law for the payments thereof of compensation by 28 the employer, the employee shall be paid out of the Second 29 Injury Fund second injury fund created by this subchapter the 30 remainder of such compensation as would be payable for the 31 degree of permanent disability involved after first deducting 32 from such the remainder the compensable value of the previously 33 lost member or organ. 34 2. Any benefits received by any such employee, or to which 35 -5- LSB 1829SC (13) 90 lh/ns 5/ 82
S.F. _____ the employee may be entitled, by reason of such increased 1 disability from any state or federal fund or agency, to which 2 said the employee has not directly contributed, shall be 3 regarded as a credit to any award made against said the second 4 injury fund as aforesaid . 5 Sec. 17. Section 85A.2, Code 2023, is amended to read as 6 follows: 7 85A.2 Employers included. 8 All employers as defined by the workers compensation law 9 of Iowa and who are engaged in any business or industrial 10 process hereinafter designated and described in this chapter 11 are employers within the provisions of this chapter and shall 12 be subject thereto to this chapter . 13 Sec. 18. Section 89.4, subsection 1, paragraph d, Code 2023, 14 is amended to read as follows: 15 d. Steam heating boilers and unfired steam pressure vessels 16 associated therewith with steam heating boilers and mobile 17 power boilers used exclusively for agricultural purposes. 18 Sec. 19. Section 89.12, Code 2023, is amended to read as 19 follows: 20 89.12 Hearing notice decree. 21 The commissioner shall notify in writing the owner or user of 22 the equipment of the time and place of hearing of the petition 23 as fixed by the court or judge, and shall serve the notice 24 on the defendant at least five days prior to the hearing in 25 the same manner as original notices are served. The general 26 provisions relating to civil practice and procedure as may be 27 applicable, shall govern the proceedings, except as herein 28 modified in this chapter . In the event the defendant does not 29 appear or plead to the action, default shall be entered against 30 the defendant. The action shall be tried in equity, and the 31 court or judge shall make such order or decree as the evidence 32 warrants. 33 Sec. 20. Section 96.2, Code 2023, is amended to read as 34 follows: 35 -6- LSB 1829SC (13) 90 lh/ns 6/ 82
S.F. _____ 96.2 Guide for interpretation. 1 As a guide to the interpretation and application of this 2 chapter , the public policy of this state is declared to be as 3 follows: Economic insecurity due to unemployment negatively 4 impacts the health, morals, and welfare of the people of Iowa. 5 These undesirable consequences can be reduced by encouraging 6 employers to provide more stable employment and by the 7 systematic accumulation of funds during periods of employment 8 to provide benefits for periods of unemployment. This chapter 9 provides for payment of benefits to workers unemployed through 10 no fault of their own. The policy herein in this chapter is 11 intended to encourage stabilization in employment, to provide 12 for integrated employment and training services in support of 13 state economic development programs, and to provide meaningful 14 job training and employment opportunities for the unemployed, 15 underemployed, economically disadvantaged, dislocated workers, 16 and others with substantial barriers to employment. To 17 further this public policy, the state, through its department 18 of workforce development, will maintain close coordination 19 among all federal, state, and local agencies whose missions 20 affect the employment or employability of the unemployed and 21 underemployed. 22 Sec. 21. Section 96.5, subsection 7, paragraph a, Code 2023, 23 is amended to read as follows: 24 a. When an employer makes a payment or becomes obligated 25 to make a payment to an individual for vacation pay, or for 26 vacation pay allowance, or as pay in lieu of vacation, such 27 payment or amount shall be deemed wages as defined in section 28 96.1A, subsection 40 , and shall be applied as provided in 29 paragraph c hereof of this subsection 7 . 30 Sec. 22. Section 97B.42, subsection 5, Code 2023, is amended 31 to read as follows: 32 5. Nothing herein contained in this chapter shall 33 be construed to permit any employer to make any public 34 contributions or payments on behalf of an employee in the same 35 -7- LSB 1829SC (13) 90 lh/ns 7/ 82
S.F. _____ position for the same period of time to both the Iowa public 1 employees retirement system and any other retirement system 2 in the state which is supported in whole or in part by public 3 contributions or payments. 4 Sec. 23. Section 100.33, Code 2023, is amended to read as 5 follows: 6 100.33 Annual report. 7 The state fire marshal shall file with the governor 8 annually, at the time provided by law, a detailed report of the 9 fire marshals official acts and of the affairs of the fire 10 marshals office which . The report shall be published and 11 distributed in the same manner as the reports of other state 12 officers. 13 Sec. 24. Section 123.32, subsection 7, Code 2023, is amended 14 to read as follows: 15 7. Appeal to administrator. An applicant for a retail 16 alcohol license may appeal from the local authoritys 17 disapproval of an application for a license or permit to the 18 administrator. In the appeal the applicant shall be allowed 19 the opportunity to demonstrate in an evidentiary hearing 20 conducted pursuant to chapter 17A that the applicant complies 21 with all of the requirements for holding the license or permit . 22 The administrator may appoint a member of the division or may 23 request an administrative law judge from the department of 24 inspections and appeals to conduct the evidentiary hearing 25 and to render a proposed decision to approve or disapprove 26 the issuance of the license or permit . The administrator may 27 affirm, reverse, or modify the proposed decision. If the 28 administrator determines that the applicant complies with 29 all of the requirements for holding a license or permit , the 30 administrator shall order the issuance of the license or 31 permit . If the administrator determines that the applicant 32 does not comply with the requirements for holding a license or 33 permit , the administrator shall disapprove the issuance of the 34 license or permit . 35 -8- LSB 1829SC (13) 90 lh/ns 8/ 82
S.F. _____ Sec. 25. Section 123.34, subsection 3, paragraph c, Code 1 2023, is amended to read as follows: 2 c. The fee for the five-day retail alcohol license is 3 one-eighth of the annual fee for that class of license or 4 permit . 5 Sec. 26. Section 123.39, subsection 3, Code 2023, is amended 6 to read as follows: 7 3. When a retail alcohol license is suspended after a 8 hearing as a result of violations of this chapter by the 9 licensee or the licensees agents or employees, the premises 10 which were licensed by the license shall not be relicensed 11 for a new applicant until the suspension has terminated or 12 time of suspension has elapsed, or ninety days have elapsed 13 since the commencement of the suspension, whichever occurs 14 first. However, this section does not prohibit the premises 15 from being relicensed to a new applicant before the suspension 16 has terminated or before the time of suspension has elapsed or 17 before ninety days have elapsed from the commencement of the 18 suspension, if the premises prior to the time of the suspension 19 had been purchased under contract, and the vendor under that 20 contract had exercised the persons rights under chapter 656 21 and sold the property to a different person who is not related 22 to the previous licensee or permittee by marriage or within the 23 third degree of consanguinity or affinity and if the previous 24 licensee or permittee does not have a financial interest in the 25 business of the new applicant. 26 Sec. 27. Section 123.46A, subsection 2, Code 2023, is 27 amended to read as follows: 28 2. Licensees authorized to sell wine, beer, or mixed drinks 29 or cocktails for consumption off the licensed premises in a 30 container other than the original container may deliver the 31 wine, beer, or mixed drinks or cocktails to a home or other 32 designated location in this state only if the container other 33 than the original container has been sold and securely sealed 34 in compliance with this chapter or the rules of the division. 35 -9- LSB 1829SC (13) 90 lh/ns 9/ 82
S.F. _____ Deliveries shall be limited to alcoholic beverages authorized 1 by the licensees license or permit . 2 Sec. 28. Section 123.49, subsection 2, paragraph a, Code 3 2023, is amended to read as follows: 4 a. Knowingly permit any gambling, except in accordance with 5 chapter 99B , 99D , 99F , or 99G , or knowingly permit solicitation 6 for immoral purposes, or immoral or disorderly conduct on the 7 premises covered by the license or permit . 8 Sec. 29. Section 123.50, subsection 2, Code 2023, is amended 9 to read as follows: 10 2. The conviction of any retail alcohol licensee for a 11 violation of any of the provisions of section 123.49 , subject 12 to subsection 3 of this section , is grounds for the suspension 13 or revocation of the license or permit by the division or the 14 local authority. However, if any retail alcohol licensee is 15 convicted of any violation of section 123.49, subsection 2 , 16 paragraph a or e , or any retail alcohol licensee, excluding 17 a special class B or class D retail alcohol licensee, is 18 convicted of a violation of section 123.49, subsection 2 , 19 paragraph d , the retail alcohol license shall be revoked 20 and shall immediately be surrendered by the holder, and the 21 bond, if any, of the license holder shall be forfeited to the 22 division. However, the division shall retain only that portion 23 of the bond equal to the amount the division determines the 24 license holder owes the division. 25 Sec. 30. Section 123.50, subsection 3, paragraphs a, b, c, 26 and d, Code 2023, are amended to read as follows: 27 a. A first violation shall subject the licensee or permittee 28 to a civil penalty in the amount of five hundred dollars. 29 Failure to pay the civil penalty as ordered under section 30 123.39 shall result in automatic suspension of the license or 31 permit for a period of fourteen days. 32 b. A second violation within two years shall subject the 33 licensee or permittee to a thirty-day suspension and a civil 34 penalty in the amount of one thousand five hundred dollars. 35 -10- LSB 1829SC (13) 90 lh/ns 10/ 82
S.F. _____ c. A third violation within three years shall subject the 1 licensee or permittee to a sixty-day suspension and a civil 2 penalty in the amount of one thousand five hundred dollars. 3 d. A fourth violation within three years shall result in 4 revocation of the license or permit . 5 Sec. 31. Section 123.50, subsection 3, paragraph e, 6 subparagraphs (2) and (3), Code 2023, are amended to read as 7 follows: 8 (2) Suspension shall be limited to the specific license or 9 permit for the premises found in violation. 10 (3) Notwithstanding section 123.40 , revocation shall be 11 limited to the specific license or permit found in violation 12 and shall not disqualify a licensee or permittee from holding a 13 license or permit at a separate location. 14 Sec. 32. Section 123.50, subsection 4, Code 2023, is amended 15 to read as follows: 16 4. In addition to any other penalties imposed under this 17 chapter , the division shall assess a civil penalty up to the 18 amount of five thousand dollars upon a class E retail alcohol 19 licensee when the class E retail alcohol license is revoked 20 for a violation of section 123.59 . Failure to pay the civil 21 penalty as required under this subsection shall result in 22 forfeiture of the bond to the division. However, the division 23 shall retain only that portion of the bond equal to the amount 24 the division determines the license or permit holder owes the 25 division. 26 Sec. 33. Section 123.56, subsection 2, Code 2023, is amended 27 to read as follows: 28 2. If the county attorney or city attorney for the county 29 or city where the licensed premises is located has reason to 30 believe a public safety nuisance that constitutes a serious 31 threat to the public safety exists, the county attorney or 32 city attorney, or an attorney acting at the direction of the 33 county attorney or city attorney, may file a suit in equity 34 in district court without bond seeking abatement of a public 35 -11- LSB 1829SC (13) 90 lh/ns 11/ 82
S.F. _____ safety nuisance arising from occurring at a premises licensed 1 under this chapter pursuant to the requirements of this 2 section . 3 Sec. 34. Section 123.173, subsection 3, Code 2023, is 4 amended to read as follows: 5 3. A class A wine permittee shall be required to deliver 6 wine to a retail alcohol licensee, and a retail alcohol 7 licensee shall be required to accept delivery of wine from a 8 class A wine permittee, only at the licensed premises of the 9 retail alcohol licensee. Except as specifically permitted 10 by the division upon good cause shown, delivery or transfer 11 of wine from an unlicensed premises to a licensed retail 12 alcohol licensees premises, or from one licensed retail 13 alcohol licensees premises to another licensed retail alcohol 14 licensees premises, even if there is common ownership of all 15 of the premises by one retail permittee alcohol licensee , is 16 prohibited. 17 Sec. 35. Section 124.204, subsection 2, paragraphs bv, ci, 18 and ck, Code 2023, are amended to read as follows: 19 bv. N-(1-(2-flourophenethyl)piperidin-4-yl)-N-(2- 20 fluorophenyl)propionamide N-(1-(2-fluorophenethyl)piperidin-4- 21 yl)-N-(2-fluorophenyl)propionamide . Other names: 2-Fluoro 22 ortho-fluorofentanyl, 2-fluoro 2-fluorofentanyl. 23 ci. N-(4-methyoxyphenyl)-N-(1-phenethylpiperidin-4- 24 yl)butyramide N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4- 25 yl)butyramide . Other name: para-methyoxybutyryl fentanyl 26 para-methoxybutyryl fentanyl . 27 ck. N-(1-phenethylpiperidin-4-yl)-N-phenylisobutryamide N- 28 (1-phenethylpiperidin-4-yl)-N-phenylisobutyramide . Other name: 29 Isobutyryl fentanyl. 30 Sec. 36. Section 124.204, subsection 4, paragraph bt, Code 31 2023, is amended to read as follows: 32 bt. 1-(4-methyoxyphenyl)-N-methylpropan-2-amine 33 1-(4-methoxyphenyl)-N-methylpropan-2-amine . 34 Other names: para-methoxymethamphetamine, PMMA. 35 -12- LSB 1829SC (13) 90 lh/ns 12/ 82
S.F. _____ Sec. 37. Section 125.77, Code 2023, is amended to read as 1 follows: 2 125.77 Service of notice. 3 Upon the filing of an application pursuant to section 4 125.75 , the clerk shall docket the case and immediately 5 notify a district court judge, a district associate judge, 6 or magistrate who is admitted to the practice of law in this 7 state, who shall review the application and accompanying 8 documentation. The clerk shall send copies of the application 9 and supporting documentation, together with the notice 10 informing the respondent of the procedures required by this 11 subchapter , to the sheriff, for immediate service upon the 12 respondent. If the respondent is taken into custody under 13 section 125.81 , service of the application, documentation, 14 and notice upon the respondent shall be made at the time the 15 respondent is taken into custody. 16 Sec. 38. Section 147E.1, subsection 8, paragraph g, 17 subparagraph (2), Code 2023, is amended to read as follows: 18 (2) The commission shall defend any member, officer, 19 executive director, employee, or representative of the 20 commission in any civil action seeking to impose liability 21 arising out of any actual or alleged act, error, or omission 22 that occurred within the scope of commission employment, 23 duties, or responsibilities, or that the person against 24 whom the claim is made had a reasonable basis for believing 25 occurred within the scope of commission employment, duties, or 26 responsibilities; provided that nothing herein in this compact 27 shall be construed to prohibit that person from retaining the 28 persons own counsel; and provided further, that the actual 29 or alleged act, error, or omission did not result from that 30 persons intentional, willful, or wanton misconduct. 31 Sec. 39. Section 147E.1, subsection 11, paragraph a, 32 subparagraph (1), Code 2023, is amended to read as follows: 33 (1) The executive, legislative, and judicial branches 34 of state government in each member state shall enforce this 35 -13- LSB 1829SC (13) 90 lh/ns 13/ 82
S.F. _____ compact and take all actions necessary and appropriate to 1 effectuate the compacts purposes and intent. The provisions 2 of this compact and the rules promulgated hereunder under this 3 compact shall have standing as statutory law. 4 Sec. 40. Section 152.1, subsection 7, paragraphs f and g, 5 Code 2023, are amended to read as follows: 6 f. Apply to the abilities enumerated in paragraphs a 7 through e of this subsection scientific principles, including 8 the principles of nursing skills and of biological, physical, 9 and psychosocial sciences. 10 g. f. Under a pharmacists order and consistent with this 11 subsection , assist in the administration of immunizations 12 and vaccinations and the utilization of statewide protocols 13 pursuant to section 155A.33B . 14 g. Apply to the abilities enumerated in paragraphs a 15 through f of this subsection scientific principles, including 16 the principles of nursing skills and of biological, physical, 17 and psychosocial sciences. 18 Sec. 41. Section 189A.7, subsection 12, Code 2023, is 19 amended to read as follows: 20 12. Serve as a representative of the governor for 21 consultation with said the secretary of agriculture of the 22 United States under paragraph c of section 301 of the federal 23 Meat Inspection Act and paragraph c of section 5 of the 24 federal Poultry Products Inspection Act unless the governor 25 selects another representative. 26 Sec. 42. Section 189A.17, subsection 4, paragraphs c and e, 27 Code 2023, are amended to read as follows: 28 c. The district court may, in case of failure or refusal 29 to obey a subpoena issued herein under this section to any 30 person, enter an order requiring such person to appear before 31 the secretary or to produce documentary evidence if so ordered, 32 or to give evidence concerning the matter in question; and any 33 failure to obey such order of the court may be punished by such 34 court as contempt. 35 -14- LSB 1829SC (13) 90 lh/ns 14/ 82
S.F. _____ e. The secretary may order testimony to be taken by 1 deposition in any proceeding or investigation pending under 2 this chapter at any stage of such proceeding or investigation. 3 Such depositions may be taken before any person designated 4 by the secretary and having power to administer oaths. Such 5 testimony shall be reduced to writing by the person taking the 6 deposition, or under the persons direction and shall then be 7 subscribed by the deponent. Any person may be compelled to 8 appear and depose and to produce documentary evidence in the 9 same manner as witnesses may be compelled to appear and testify 10 and produce documentary evidence before the secretary as herein 11 provided in this section . 12 Sec. 43. Section 206.2, subsection 1, paragraph a, Code 13 2023, is amended to read as follows: 14 a. In the case of a pesticide other than that is not a plant 15 growth regulator, defoliant , or desiccant, an ingredient which 16 will prevent, destroy, repel, or mitigate insects, nematodes, 17 fungi, rodents, weeds, or other pests. 18 Sec. 44. Section 232.78, subsection 1, paragraph e, Code 19 2023, is amended to read as follows: 20 e. The application for the order includes a statement of the 21 facts to support the findings specified in paragraphs a , b , 22 c , and d . 23 Sec. 45. Section 232.104, subsection 1, paragraph a, 24 subparagraph (2), Code 2023, is amended to read as follows: 25 (2) For an order entered under section 232.102 , for which 26 the court has waived reasonable efforts requirements under 27 section 232.102, subsection 12 232.102A, subsection 4 , the 28 permanency hearing shall be held within thirty days of the date 29 the requirements were waived. 30 Sec. 46. Section 256.84, subsection 5, Code 2023, is amended 31 to read as follows: 32 5. The board shall establish guidelines for and may impose 33 and collect fees and charges for services. Fees and charges 34 collected by the board for services shall be deposited to the 35 -15- LSB 1829SC (13) 90 lh/ns 15/ 82
S.F. _____ credit of the division. Any interest earned on these receipts, 1 and revenues generated under subsection 7 6 , shall be retained 2 and may be expended by the division subject to the approval of 3 the board. 4 Sec. 47. Section 257.3, subsection 1, paragraph b, Code 5 2023, is amended to read as follows: 6 b. The amount paid to each school district for the tax 7 replacement claim for industrial machinery, equipment , and 8 computers under section 427B.19A shall be regarded as property 9 tax. The portion of the payment which is foundation property 10 tax shall be determined by applying the foundation property tax 11 rate to the amount computed under section 427B.19, subsection 12 3 , paragraph a , as adjusted by section 427B.19, subsection 3, 13 paragraph d , if any adjustment was made. 14 Sec. 48. Section 261.73, subsection 2, unnumbered paragraph 15 1, Code 2023, is amended to read as follows: 16 Each applicant for loan forgiveness shall, in accordance 17 with the rules of the commission, do all of the following: 18 Sec. 49. Section 261.116, subsection 3, unnumbered 19 paragraph 1, Code 2023, is amended to read as follows: 20 Each applicant for an award shall, in accordance with the 21 rules of the commission, do all of the following: 22 Sec. 50. Section 262.44, subsection 3, Code 2023, is amended 23 to read as follows: 24 3. Construct, equip, furnish, maintain, operate, manage, 25 and control any or all of the buildings, structures, 26 facilities, areas, additions, or improvements hereinbefore 27 enumerated in this section . 28 Sec. 51. Section 262.58, Code 2023, is amended to read as 29 follows: 30 262.58 Rates and terms of bonds or notes. 31 Such bonds or notes may bear such date or dates, may bear 32 interest at such rate or rates, payable semiannually, may 33 mature at such time or times, may be in such form, carry such 34 registration privileges, may be payable at such place or 35 -16- LSB 1829SC (13) 90 lh/ns 16/ 82
S.F. _____ places, may be subject to such terms of redemption prior to 1 maturity with or without premium, if so stated on the face 2 thereof of the bonds or notes , and may contain such terms and 3 covenants all as may be provided by the resolution of the board 4 authorizing the issuance of the bonds or notes. In addition 5 to the estimated cost of construction, the cost of the project 6 shall be deemed to include interest upon the bonds or notes 7 during construction and for six months after the estimated 8 completion date, the compensation of a fiscal agent or adviser, 9 and engineering, administrative , and legal expenses. Such 10 bonds or notes shall be executed by the president of the state 11 board of regents and attested by the executive director of the 12 state board of regents, secretary, or other official thereof 13 performing the duties of the executive director of the state 14 board of regents, and the coupons thereto attached to the bonds 15 or notes shall be executed with the original or facsimile 16 signatures of said president, executive director, secretary, 17 or other official. Any bonds or notes bearing the signatures 18 of officers in office on the date of the signing thereof of the 19 bonds or notes shall be valid and binding for all purposes, 20 notwithstanding that before delivery thereof any or all such 21 persons whose signatures appear thereon shall have ceased to 22 be such officers. Each such bond or note shall state upon 23 its face the name of the institution on behalf of which it is 24 issued, that it is payable solely and only from the net rents, 25 profits , and income derived from the operation of residence 26 halls or dormitories, including dining and other incidental 27 facilities, at such institution as hereinbefore provided in 28 this subchapter , and that it does not constitute a charge 29 against the state of Iowa within the meaning or application of 30 any constitutional or statutory limitation or provision. The 31 issuance of such bonds or notes shall be recorded in the office 32 of the treasurer of the institution on behalf of which the same 33 are issued, and a certificate by such treasurer to this effect 34 shall be printed on the back of each such bond or note. 35 -17- LSB 1829SC (13) 90 lh/ns 17/ 82
S.F. _____ Sec. 52. Section 262.62, Code 2023, is amended to read as 1 follows: 2 262.62 No obligation against state. 3 Under no circumstances shall any bonds or notes issued under 4 the terms of this subchapter be or become or be construed 5 to constitute a charge against the state of Iowa within the 6 purview of any constitutional or statutory limitation or 7 provision. No taxes, appropriations , or other funds of the 8 state of Iowa may be pledged for or used to pay such bonds or 9 notes or the interest thereon but any such bonds or notes shall 10 be payable solely and only as to both principal and interest 11 from the net rents, profits , and income derived from the 12 operation of residence halls and dormitories, including dining 13 and other incidental facilities therefor, at the institutions 14 of higher learning under the control of the state board of 15 regents as hereinbefore provided in this subchapter , and the 16 sole remedy for any breach or default of the terms of any 17 such bonds or notes or proceedings for their issuance shall 18 be a proceeding either in law or in equity by suit, action 19 or mandamus to enforce and compel performance of the duties 20 required by this subchapter and the terms of the resolution 21 under which such bonds or notes are issued. 22 Sec. 53. Section 266.7, Code 2023, is amended to read as 23 follows: 24 266.7 Receiving agent. 25 The treasurer of the Iowa state university of science and 26 technology is hereby authorized and empowered to receive the 27 grants of money appropriated under the said Purnell Act. 28 Sec. 54. Section 280.13A, subsection 1, Code 2023, is 29 amended to read as follows: 30 1. If a school district or nonpublic school does not 31 provide an interscholastic activity for its students, the board 32 of directors of that school district or the authorities in 33 charge of the nonpublic school may complete an agreement with 34 another school district or nonpublic school to provide for 35 -18- LSB 1829SC (13) 90 lh/ns 18/ 82
S.F. _____ the eligibility of its students in interscholastic activities 1 provided by that other school district or nonpublic school. A 2 copy of each agreement completed under this section shall be 3 filed with the appropriate organization as organization is 4 defined in section 280.13 not later than April 30 of the school 5 year preceding the school year in which the agreement takes 6 effect, unless an exception is granted by the organization 7 for good cause. An agreement completed under this section 8 shall be deemed approved unless denied by the governing 9 organization within ten days after its receipt. A governing 10 The organization shall determine whether an agreement would 11 substantially prejudice the interscholastic activities of other 12 schools. An agreement denied by a governing the organization 13 under this section may be appealed to the state board of 14 education under chapter 290 . 15 Sec. 55. Section 282.20, subsection 2, Code 2023, is amended 16 to read as follows: 17 2. It shall be unlawful for any school district to rebate 18 to any pupils or their parents, directly or indirectly, any 19 portion of the tuition collected or to be collected or to 20 authorize or permit such pupils to receive at the expense of 21 the district, directly or indirectly, any special compensation, 22 benefit, privilege, or other thing of value that is not 23 and cannot legally be made available to all other pupils 24 enrolled in its schools. Any superintendent or board members 25 responsible for such this unlawful act shall each be personally 26 liable to for payment of a fine of in an amount not to exceed 27 one hundred dollars. Action to recover such the penalty or 28 action to enjoin such the unlawful act may be instituted by the 29 board of any school district or by a taxpayer in any school 30 district. 31 Sec. 56. Section 306.4, subsections 4, 5, and 6, Code 2023, 32 are amended to read as follows: 33 4. a. Jurisdiction and control over the municipal street 34 system shall be vested in the governing bodies of each 35 -19- LSB 1829SC (13) 90 lh/ns 19/ 82
S.F. _____ municipality; except that the department and the municipal 1 governing body shall exercise concurrent jurisdiction over the 2 municipal extensions of primary roads in all municipalities. 3 When concurrent jurisdiction is exercised, the department shall 4 consult with the municipal governing body as to the kind and 5 type of construction, reconstruction, repair, and maintenance 6 and the two parties shall enter into agreements with each other 7 as to the division of costs thereof . 8 b. When the two parties cannot initially come to agreement 9 as to the division of costs under this subsection , they the 10 parties shall contract with an organization in this state 11 to provide mediation services. The costs of the mediation 12 services shall be equally allocated between the two parties. 13 If after submitting to mediation the parties still cannot come 14 to agreement as to the division of costs, the mediator shall 15 sign a statement that the parties did not reach an agreement, 16 and the parties shall then submit the matter for binding 17 arbitration to a mutually agreed-upon third party. If the 18 parties cannot agree upon a third-party arbitrator, they shall 19 submit the matter to an arbitrator selected under the rules of 20 the American arbitration association. 21 5. Jurisdiction and control over the roads and streets in 22 any state park, state institution , or other state land shall be 23 vested in the board, commission, or agency in control of such 24 the park, institution, or other state land; except that: 25 a. The department and the controlling agency shall have 26 concurrent jurisdiction over any road which is an extension 27 of a primary road and which both enters and exits from the 28 state land at separate points. The department may expend the 29 moneys available for such roads in the same manner as the 30 department expends such funds moneys on other roads over which 31 the department exercises jurisdiction and control. The parties 32 exercising concurrent jurisdiction may enter into agreements 33 with each other as to the kind , and type , and division of 34 costs of construction, reconstruction, repair , and maintenance 35 -20- LSB 1829SC (13) 90 lh/ns 20/ 82
S.F. _____ and the division of costs thereof . In the absence of such 1 agreement , the jurisdiction and control of such road shall 2 remain in the department. 3 b. The board of supervisors of any county and the 4 controlling state agency shall have concurrent jurisdiction 5 over any road which is an extension of a secondary road and 6 which both enters and exits from the state land at separate 7 points. The board of supervisors of any county may expend 8 the moneys available for such roads in the same manner as the 9 board expends such funds moneys on other roads over which 10 the board exercises jurisdiction and control. The parties 11 exercising concurrent jurisdiction may enter into agreements 12 with each other as to the kind , and type , and division of costs 13 of construction, reconstruction, repair , and maintenance and 14 the division of costs thereof . In the absence of such an 15 agreement, the jurisdiction and control of such the road shall 16 remain in the board of supervisors of the county. 17 6. Jurisdiction and control over parkways within county 18 parks and conservation areas shall be vested in the county 19 conservation boards within their the boards respective 20 counties; except that: 21 a. The department and the county conservation board shall 22 have concurrent jurisdiction over an extension of a primary 23 road which both enters and exits from a county park or other 24 county conservation area at separate points. The department 25 may expend moneys available for such roads in the same manner 26 as the department expends such funds moneys on other roads 27 over which the department exercises jurisdiction and control. 28 The parties exercising concurrent jurisdiction may enter into 29 agreements with each other as to the kind , and type , and 30 division of costs of construction, reconstruction, repair , and 31 maintenance and the division of costs thereof . In the absence 32 of such an agreement, the jurisdiction and control of such the 33 roads shall remain in the department. 34 b. The board of supervisors of any county and the county 35 -21- LSB 1829SC (13) 90 lh/ns 21/ 82
S.F. _____ conservation board shall have concurrent jurisdiction over an 1 extension of a secondary road which both enters and exits from 2 a county park or other county conservation area at separate 3 points. The board of supervisors of any county may expend 4 moneys available for such roads in the same manner as the 5 board expends such funds moneys on other roads over which 6 the board exercises jurisdiction and control. The parties 7 exercising concurrent jurisdiction may enter into agreements 8 with each other as to the kind , and type , and division of costs 9 of construction, reconstruction, repair , and maintenance and 10 the division of costs thereof . In the absence of such an 11 agreement, the jurisdiction and control of such the roads shall 12 remain in the board of supervisors of the county. 13 Sec. 57. Section 306.28, Code 2023, is amended to read as 14 follows: 15 306.28 Appraisers. 16 If the board of supervisors is unable, by agreement with the 17 owner, to acquire the necessary right-of-way to effect such 18 change, a compensation commission shall be selected pursuant to 19 section 6B.4 , to appraise the damages consequent on the taking 20 of the right-of-way. 21 Sec. 58. Section 306.32, Code 2023, is amended to read as 22 follows: 23 306.32 Hearing adjournment. 24 The board of supervisors shall proceed to a hearing on the 25 objections or assessment of damages of any owner, mortgagee of 26 record, and the actual occupant of such land if any of whom it 27 has acquired jurisdiction, or if there be are owners, mortgagee 28 of record, and the actual occupant of such land if any over 29 whom jurisdiction has not been acquired, the board may adjourn 30 such hearing until a date when jurisdiction will be complete 31 as to all owners. 32 Sec. 59. Section 306.33, Code 2023, is amended to read as 33 follows: 34 306.33 Hearing on objections. 35 -22- LSB 1829SC (13) 90 lh/ns 22/ 82
S.F. _____ The board of supervisors shall, at the final hearing, first 1 pass on the objections to the proposed change. If objections 2 be are sustained , the proceedings shall be dismissed unless 3 the board finds that the objections may be avoided by a change 4 of plans, and to this end an adjournment may be ordered, if 5 necessary, in order to secure service on additional parties. 6 Sec. 60. Section 306.34, Code 2023, is amended to read as 7 follows: 8 306.34 Hearing on claims for damages. 9 When objections to the proposed change are overruled, the 10 board of supervisors shall proceed to determine the damages to 11 be awarded to each claimant. If the damages finally awarded 12 are, in the opinion of the board, excessive, the proceedings 13 shall be dismissed; if not excessive, the board may, by proper 14 order, establish such proposed change. 15 Sec. 61. Section 306.36, Code 2023, is amended to read as 16 follows: 17 306.36 Damages on appeal rescission of order. 18 If , in the opinion of the board of supervisors, the 19 damages as finally determined on appeal be, in the opinion 20 of the board, are excessive, the board may rescind its order 21 establishing such change. 22 Sec. 62. Section 306A.3, subsection 2, Code 2023, is amended 23 to read as follows: 24 2. The state department of transportation shall adopt 25 rules, pursuant to chapter 17A , embodying a utility 26 accommodation policy which imposes reasonable restrictions 27 on placements occurring on or after the effective date of 28 the rules, on primary road rights-of-way. The rules may 29 require utilities to give notice to the department prior to 30 installation of a utility system on a primary road right-of-way 31 and obtain prior permission from the department for the 32 proposed installation. The rules shall recognize emergency 33 situations and the need for immediate installation of service 34 extensions subject to the standards adopted by the department 35 -23- LSB 1829SC (13) 90 lh/ns 23/ 82
S.F. _____ and the utilities board. The rules shall be no less stringent 1 than the standards adopted by the utilities board pursuant to 2 chapters 478 , 479 , and 479B . This paragraph subsection shall 3 not be construed as granting the department authority which has 4 been expressly granted to the utilities board to determine the 5 route of utility installations. If the department requires 6 a utility company permit, the department shall be required 7 to act upon the permit application within thirty days of its 8 filing. In cases of federal-aid highway projects on nonprimary 9 highways, the local authority with jurisdiction over the 10 highway and the department shall comply with all federal 11 regulations and statutes regarding utility accommodation. 12 Sec. 63. Section 309.18, Code 2023, is amended to read as 13 follows: 14 309.18 Compensation. 15 1. The board of supervisors shall fix the compensation of 16 the county engineers. 17 2. Said The county engineers shall, in the performance of 18 their duties, work under the directions of said the board and 19 shall give bonds for the faithful performance of their duties 20 in a sum not less than two thousand nor more than five thousand 21 dollars, to be approved by the board. 22 Sec. 64. Section 309.36, Code 2023, is amended to read as 23 follows: 24 309.36 Nature of survey. 25 The county engineers survey shall be on the basis of the 26 permanent improvement of said roads, as to bridge, culvert, 27 tile, and road work. 28 Sec. 65. Section 309.40, Code 2023, is amended to read as 29 follows: 30 309.40 Advertisement and letting. 31 All contracts for road or bridge construction work and 32 materials for which the county engineers estimate exceeds 33 fifty thousand dollars, except surfacing materials obtained 34 from local pits or quarries, shall be advertised and let at a 35 -24- LSB 1829SC (13) 90 lh/ns 24/ 82
S.F. _____ public letting. 1 Sec. 66. Section 309.41, subsection 1, Code 2023, is amended 2 to read as follows: 3 1. Contracts not embraced within the provisions of section 4 309.40 or 309.40A shall be either advertised and let at a 5 public letting or, where the cost does not exceed the county 6 engineers estimate, let through informal bid procedure by 7 contacting at least three qualified bidders prior to letting 8 the contract. The informal bids received together with a 9 statement setting forth the reasons for use of the informal 10 procedure and bid acceptance shall be entered in the minutes 11 of the board of supervisors meeting at which such action was 12 taken. 13 Sec. 67. Section 321.1, subsection 73, Code 2023, is amended 14 to read as follows: 15 73. Solid tire Solid rubber tire means every tire of 16 rubber or other resilient material which does not depend upon 17 compressed air for the support of the load. 18 Sec. 68. Section 321.18, subsection 4, Code 2023, is amended 19 to read as follows: 20 4. Any special mobile equipment as herein defined in this 21 chapter . 22 Sec. 69. Section 321.28, Code 2023, is amended to read as 23 follows: 24 321.28 Failure to register. 25 The If the owner of a vehicle fails to register the vehicle 26 under the provisions of this chapter, the treasurer shall 27 withhold the registration of any the vehicle the owner of which 28 shall have failed to register the same under the provisions of 29 this chapter , for any previous period or periods for which it 30 appears that registration should have been made, until the fee 31 for such previous the period or periods shall be is paid. 32 Sec. 70. Section 321.29, Code 2023, is amended to read as 33 follows: 34 321.29 Renewal not permitted. 35 -25- LSB 1829SC (13) 90 lh/ns 25/ 82
S.F. _____ Any vehicle that was once registered in the state and by 1 removal , but which was removed from and no longer subject to 2 registration in this state, shall , upon being returned to this 3 state and becoming again subject to registration , be again 4 registered again in accordance with section 321.20 . 5 Sec. 71. Section 321.70, Code 2023, is amended to read as 6 follows: 7 321.70 Dealer vehicles. 8 A dealer registered licensed under this chapter 322 9 shall not be required to register any vehicle owned by the 10 dealer which is being held for sale or trade, provided the 11 annual registration fee was not delinquent at the time the 12 vehicle was acquired by the dealer. When a dealer ceases to 13 hold any vehicle for sale or trade or the vehicle otherwise 14 becomes subject to registration under this chapter the annual 15 registration fee and delinquent annual registration fee, if 16 any, shall be due for the registration year. 17 Sec. 72. Section 321.116, Code 2023, is amended to read as 18 follows: 19 321.116 Battery electric and plug-in hybrid electric motor 20 vehicle fees. 21 1. For each battery electric motor vehicle subject to an 22 annual registration fee under section 321.109, subsection 1 , 23 paragraph a , and operated on the public highways of this 24 state, the owner shall pay an annual battery electric motor 25 vehicle registration fee, which shall be in addition to the 26 annual registration fee imposed for the vehicle under section 27 321.109, subsection 1 , paragraph a . For purposes of this 28 subsection , battery electric motor vehicle means a motor 29 vehicle equipped with electrical drivetrain components and not 30 equipped with an internal combustion engine, that is propelled 31 exclusively by one or more electrical motors using electrical 32 energy stored in a battery or other energy storage device that 33 can be recharged by plugging into an electrical outlet or 34 electric vehicle charging station. The amount of the fee shall 35 -26- LSB 1829SC (13) 90 lh/ns 26/ 82
S.F. _____ be as follows: 1 a. For the period beginning January 1, 2020, and ending 2 December 31, 2020, sixty-five dollars. 3 b. For the period beginning January 1, 2021, and ending 4 December 31, 2021, ninety-seven dollars and fifty cents. 5 c. On or after January 1, 2022, one hundred thirty dollars. 6 2. For each plug-in hybrid electric motor vehicle subject to 7 an annual registration fee under section 321.109, subsection 8 1 , paragraph a , and operated on the public highways of this 9 state, the owner shall pay an annual plug-in hybrid electric 10 motor vehicle registration fee, which shall be in addition 11 to the annual registration fee imposed for the vehicle under 12 section 321.109, subsection 1 , paragraph a . For purposes of 13 this subsection , plug-in hybrid electric motor vehicle means a 14 motor vehicle equipped with electrical drivetrain components, 15 an internal combustion engine, and a battery or other energy 16 storage device that can be recharged by plugging into an 17 electrical outlet or electric vehicle charging station. The 18 amount of the fee shall be as follows: 19 a. For the period beginning January 1, 2020, and ending 20 December 31, 2020, thirty-two dollars and fifty cents. 21 b. For the period beginning January 1, 2021, and ending 22 December 31, 2021, forty-eight dollars and seventy-five cents. 23 c. On or after January 1, 2022, sixty-five dollars. 24 Sec. 73. Section 321.117, subsection 2, Code 2023, is 25 amended to read as follows: 26 2. In addition to the fee required for a motorcycle under 27 subsection 1 , the owner of a motorcycle that is a battery 28 electric motor vehicle or plug-in hybrid electric motor 29 vehicle, as those terms are defined in section 321.116 , shall 30 pay an annual electric motorcycle registration fee. The amount 31 of the fee shall be as follows: 32 a. For the period beginning January 1, 2020, and ending 33 December 31, 2020, four dollars and fifty cents. 34 b. For the period beginning January 1, 2021, and ending 35 -27- LSB 1829SC (13) 90 lh/ns 27/ 82
S.F. _____ December 31, 2021, six dollars and seventy-five cents. 1 c. On or after January 1, 2022, nine dollars. 2 Sec. 74. Section 321.166, subsection 2, Code 2023, is 3 amended to read as follows: 4 2. Every registration plate or pair of plates shall display 5 a registration plate number which shall consist of alphabetical 6 or numerical characters or a combination thereof and the name 7 of this state, which may be abbreviated. Every registration 8 plate issued by the county treasurer shall display the name 9 of the county, including any plate issued pursuant to section 10 321.34 , except Pearl Harbor and purple heart registration 11 plates issued prior to January 1, 1997; registration plates 12 issued pursuant to section 321.34, subsection 13 , paragraph 13 d ; and collegiate, fire fighter, and medal of honor 14 registration plates. Special truck registration plates shall 15 display the word special. The department may adopt rules to 16 implement this subsection . 17 Sec. 75. Section 321.235, Code 2023, is amended to read as 18 follows: 19 321.235 Provisions uniform. 20 The provisions of this chapter shall be applicable and 21 uniform throughout this state and in all political subdivisions 22 and municipalities therein and no in this state. Unless 23 expressly authorized in this chapter, a local authority shall 24 not enact or enforce any rule or regulation in conflict with 25 the provisions of this chapter unless expressly authorized 26 herein . Local authorities may, however, adopt additional 27 traffic regulations which are not in conflict with the 28 provisions of this chapter . 29 Sec. 76. Section 321.236, unnumbered paragraph 1, Code 30 2023, is amended to read as follows: 31 Local authorities shall have no power to not enact, enforce, 32 or maintain any ordinance, rule, or regulation in any way that 33 is in conflict with, contrary to, or inconsistent with the 34 provisions of this chapter , and no such . An ordinance, rule, 35 -28- LSB 1829SC (13) 90 lh/ns 28/ 82
S.F. _____ or regulation of said that is in conflict with, contrary to, 1 or inconsistent with this chapter that has been or is enacted 2 by local authorities heretofore or hereafter enacted shall not 3 have any force or effect. However, with respect to streets and 4 highways under their jurisdiction and within the reasonable 5 exercise of the police power, the provisions of this chapter 6 shall not be deemed to prevent local authorities , with respect 7 to streets and highways under their jurisdiction and within the 8 reasonable exercise of the police power, from doing any of the 9 following: 10 Sec. 77. Section 327D.69, Code 2023, is amended to read as 11 follows: 12 327D.69 Right to inspect. 13 Any or all of such schedules kept as aforesaid provided in 14 sections 327D.66 and 327D.67 shall be immediately produced by 15 such carrier for inspection upon the demand of any person. 16 Sec. 78. Section 327D.187, Code 2023, is amended to read as 17 follows: 18 327D.187 Relief or indemnity contract. 19 No contract of insurance, relief, benefit, or indemnity in 20 case of injury or death, entered into prior to the injury, 21 between the person so injured and such corporation, or any 22 other person or association acting for such corporation, and no 23 acceptance of any such insurance, relief, benefit, or indemnity 24 by the person injured, the persons surviving spouse, heirs, or 25 legal representatives after the injury, from such corporation, 26 person, or association, shall constitute any bar or defense to 27 any cause of action brought under the provisions of section 28 327D.186 ; but nothing contained herein in this section shall be 29 construed to prevent or invalidate any settlement for damages 30 between the parties subsequent to injuries received. 31 Sec. 79. Section 328.1, subsection 1, unnumbered paragraph 32 1, Code 2023, is amended to read as follows: 33 The following words, terms, and phrases when used in 34 this chapter shall, for the purposes of this chapter , have 35 -29- LSB 1829SC (13) 90 lh/ns 29/ 82
S.F. _____ the meanings herein given in this section , unless otherwise 1 specifically defined, or unless another intention clearly 2 appears, or the context otherwise requires: 3 Sec. 80. Section 328.36, subsection 2, Code 2023, is amended 4 by striking the subsection. 5 Sec. 81. Section 329.1, unnumbered paragraph 1, Code 2023, 6 is amended to read as follows: 7 The following words, terms, and phrases, when used in 8 this chapter , shall, for the purposes of this chapter , have 9 the meaning herein given in this section , unless otherwise 10 specifically defined, or unless another intention clearly 11 appears, or the context otherwise requires: 12 Sec. 82. Section 331.389, subsection 4, paragraph c, Code 13 2023, is amended to read as follows: 14 c. In addition to the regional governance agreement 15 requirements in section 331.392 , the department may compel the 16 a county and region to engage in mediation for resolution of a 17 dispute. The costs incurred for mediation shall be paid by the 18 county and the region in dispute according to their governance 19 agreement. 20 Sec. 83. Section 331.427, subsection 1, unnumbered 21 paragraph 1, Code 2023, is amended to read as follows: 22 Except as otherwise provided by state law, county revenues 23 from taxes and other sources for general county services shall 24 be credited to the general fund of the county, including 25 revenues received under sections 9I.11 , 101A.3 , 101A.7 , 123.36 , 26 123.143 , 142D.9 , 176A.8 , 321.105 , 321.152 , 321G.7 , 321I.8 , 27 section 331.554, subsection 6 , sections 341A.20 , 364.3 , 368.21 , 28 423A.7 , 428A.8 , 433.15 , 434.19 , 445.57 , 453A.35 , 458A.21 , 29 483A.12 , 533.329 , 556B.1 , 583.6 , 602.8108 , 904.908 , and 906.17 , 30 and the following: 31 Sec. 84. Section 335.10, subsection 1, Code 2023, is amended 32 to read as follows: 33 1. The board of supervisors shall provide for the 34 appointment of a board of adjustment , and in . In the 35 -30- LSB 1829SC (13) 90 lh/ns 30/ 82
S.F. _____ regulations and restrictions adopted pursuant to the authority 1 of this chapter , the board of supervisors shall provide that 2 the said board of adjustment may, in appropriate cases, and 3 subject to appropriate conditions and safeguards, make special 4 exceptions to the terms of the ordinances or regulations . The 5 exceptions shall be in harmony with its the general purpose and 6 intent and in accordance with the general or specific rules 7 contained in the ordinances or regulations , and . The board of 8 supervisors shall provide that any property owner aggrieved by 9 the action of the board of supervisors in the adoption of such 10 the regulations and restrictions may petition the said board 11 of adjustment direct to modify regulations and restrictions as 12 applied to such the aggrieved property owners. 13 Sec. 85. Section 347.32, Code 2023, is amended to read as 14 follows: 15 347.32 Tax status. 16 This chapter does not deprive any hospital of its tax exempt 17 or nonprofit status , except that any portion of hospital 18 property which is used for purposes other than nonprofit, 19 health-related purposes shall be subject to property tax as 20 provided for in section 427.1, subsection 14 . 21 Sec. 86. Section 357.7, Code 2023, is amended to read as 22 follows: 23 357.7 Water source without district. 24 1. When in any proposed benefited water district, If 25 it is anticipated that the source of water supply will be 26 without the outside of and not under control of any proposed 27 benefited water district, and not under its control, the 28 board of supervisors shall instruct the engineer who is 29 appointed under section 357.6 to make the preliminary design 30 and dummy assessment , to also obtain a written statement from 31 the corporation or municipality which controls the proposed 32 source of supply , a statement in writing, outlining the terms 33 upon which water will be furnished to the district , or to the 34 individuals within the district and on what terms in either 35 -31- LSB 1829SC (13) 90 lh/ns 31/ 82
S.F. _____ case . 1 2. This preliminary proposal from the governing body of 2 the source of supply shall be binding , and shall be in the 3 nature of an option to purchase water by the district, or the 4 individual individuals within the same district , if and when 5 the proposed benefited water district shall have completed 6 completes its construction , and is ready to use water. This 7 proposal shall accompany and be a part of the engineers 8 preliminary report to the board of supervisors. 9 Sec. 87. Section 357.9, Code 2023, is amended to read as 10 follows: 11 357.9 Compensation of engineer. 12 The compensation of such the engineer on appointed under 13 section 357.6 to conduct the preliminary investigation shall be 14 determined by the board of supervisors and may be by percentage 15 or per diem. 16 Sec. 88. Section 357.11, Code 2023, is amended to read as 17 follows: 18 357.11 Hearing on report. 19 On receipt of the engineers report filed under section 20 357.10 , the board of supervisors shall give notice in the same 21 manner as before, provided in section 357.4 of a hearing on 22 the engineers tentative design and dummy plat. On the day 23 set, or within ten days thereafter, the board of supervisors 24 shall approve or disapprove the engineers plan and proposed 25 assessment. If it shall appear advisable, the board of 26 supervisors may make changes in the design and assessment, as 27 they appear on the dummy plat. 28 Sec. 89. Section 357.16, Code 2023, is amended to read as 29 follows: 30 357.16 Second election. 31 If the majority of the votes cast at said the second election 32 be held pursuant to section 357.15 are in favor of said the 33 proposed improvement, the board of supervisors shall again 34 advertise for bids in the same manner as before provided under 35 -32- LSB 1829SC (13) 90 lh/ns 32/ 82
S.F. _____ section 357.14 . If the bids at the second letting will not 1 necessitate raising the second preliminary assessment more 2 than ten percent, the board may let the contract to the lowest 3 responsible bidder. 4 Sec. 90. Section 357.30, Code 2023, is amended to read as 5 follows: 6 357.30 Additional territory. 7 When the If a district is under the control of trustees, they 8 the trustees are empowered to deal with parties without the 9 district who desire to be taken into the district or to obtain 10 water from the district and . The trustees shall determine the 11 amount to be assessed against said district the territory to be 12 taken in or connected with the district . The trustees shall 13 have power in such cases to make agreements for the district, 14 and may, with the consent of the board of supervisors, alter 15 the district boundaries to take in the additional territory. 16 No If an owner of a lot or parcel has paid any assessment to 17 a district, the lot or parcel of land shall not be put out of 18 a the district without the consent of the owner , after it has 19 paid any assessment to the district . 20 Sec. 91. Section 357.34, Code 2023, is amended to read as 21 follows: 22 357.34 Conveyance of district to city. 23 1. Where If a city is situated wholly or partly within 24 a benefited water district or the source of supply for such 25 a benefited water district is a municipal water system, the 26 board of supervisors having jurisdiction of said the benefited 27 water district, at the request of the trustees of said the 28 benefited water district, may, by proper resolution, convey 29 unto said to the city any and all rights which said that the 30 board of supervisors may have in and to said the benefited 31 water district. Said The conveyance, however, shall not 32 become effective until all existing obligations against said 33 the district have been completely and fully discharged and 34 such the conveyance accepted and confirmed by a resolution of 35 -33- LSB 1829SC (13) 90 lh/ns 33/ 82
S.F. _____ the council of said that city or of the board of waterworks 1 trustees of said that city , if there be is one, specially 2 passed for such that purpose. 3 2. Upon acceptance, the district, including the plant and 4 distribution system, as well as all funds and credits , shall 5 become the property of said the city and be operated and used 6 by it the city to the same extent as if acquired under such 7 provisions of law under which said the city is then operating 8 its waterworks. Also Upon acceptance by the city , the offices 9 of the trustees as provided in this chapter shall be abolished 10 upon acceptance by the city and their the duties of the 11 trustees as such shall immediately cease. 12 Sec. 92. Section 357B.4, Code 2023, is amended to read as 13 follows: 14 357B.4 Anticipation of tax. 15 The board of trustees of a benefited fire district may 16 anticipate the collection of taxes authorized under section 17 357B.3 and, for the purpose of providing fire protection, may 18 issue bonds payable in not more than ten equal installments 19 at an interest rate not exceeding that permitted by chapter 20 74A . The bonds shall be in such form and payable at such place 21 as specified by resolution of the board of trustees. The 22 provisions of sections 73A.12 to through 73A.16 and chapter 384 23 shall apply to such bonds to the extent applicable. 24 Sec. 93. Section 358.16, subsection 1, paragraph c, Code 25 2023, is amended to read as follows: 26 c. Nothing contained herein in this section shall be 27 construed to authorize or empower such board of trustees to 28 operate a system of waterworks for the purpose of furnishing 29 water to the inhabitants of the district, or to construct, 30 maintain, or operate local municipal sewerage facilities, or to 31 deprive municipalities within the district of their powers to 32 construct and operate sewers for local purposes within their 33 limits. 34 Sec. 94. Section 388.3, subsection 6, Code 2023, is amended 35 -34- LSB 1829SC (13) 90 lh/ns 34/ 82
S.F. _____ to read as follows: 1 6. The provisions of this section subsections 4 and 5 do 2 not apply to a city with a population of more than two hundred 3 thousand according to the 2020 federal decennial census. 4 Sec. 95. Section 414.1, subsection 1, paragraph c, 5 subparagraph (1), Code 2023, is amended to read as follows: 6 (1) Except when as provided in subparagraph (2), when there 7 is a replacement of a preexisting manufactured, modular, or 8 mobile home with any other manufactured, modular, or mobile 9 home containing no more than the original number of dwelling 10 units, or a replacement of a preexisting site-built dwelling 11 unit with a manufactured, modular, or mobile home or site-built 12 dwelling unit, within a manufactured home community or a 13 mobile home park, the city shall not adopt or enforce any 14 ordinance, regulation, or restriction, or impose any conditions 15 on the replacement home, home site upon which the home 16 sits, or the owners property that were not required of the 17 preexisting home, home site, or property, that would prevent 18 the continuance of the property owners lawful nonconforming 19 use that had existed relating to the preexisting home, home 20 site upon which the home sat, or the owners property. 21 Sec. 96. Section 422.7, subsection 13, paragraph a, 22 subparagraph (5), Code 2023, is amended to read as follows: 23 (5) (a) Real property used in a farming business means 24 all tracts of land and the improvements and structures located 25 on such tracts which are in good faith used primarily for 26 a farming business. Buildings which are primarily used or 27 intended for human habitation are deemed to be used in a 28 farming business when the building is located on or adjacent 29 to the parcel used in the farming business. Land and the 30 nonresidential improvements and structures located on such land 31 that shall be considered to be used primarily in a farming 32 business include but are not limited to land, improvements , 33 or structures used for the storage or maintenance of farm 34 machinery or equipment, for the drying, storage, handling, 35 -35- LSB 1829SC (13) 90 lh/ns 35/ 82
S.F. _____ or preservation of agricultural crops, or for the storage of 1 farm inputs, feed, or manure. Real property used in a farming 2 business shall also include woodland, wasteland, pastureland, 3 and idled land used for the conservation of natural resources 4 including soil and water. 5 (b) Real property classified as agricultural property for 6 Iowa property tax purposes, except real property described in 7 section 441.21, subsection 12 , paragraph a or b , shall be 8 presumed to be real property used in a farming business. This 9 However, this presumption is rebuttable by if the department 10 shows by a preponderance of evidence that the real property did 11 not meet the requirements of subparagraph division (a). 12 Sec. 97. Section 422.7, subsection 13, paragraph d, Code 13 2023, is amended to read as follows: 14 d. For a taxpayer who is a retired farmer, subtract the net 15 capital gain from the sale of breeding livestock, other than 16 cattle and horses, if the livestock is held by the taxpayer for 17 a period of twelve months or more from the date of acquisition; 18 but only if the taxpayer materially participated in the farming 19 business for five of the eight years preceding the farmers 20 retirement or disability and who has sold all or substantially 21 all of the taxpayers interest in the farming business by the 22 time the election under this paragraph is made. 23 Sec. 98. Section 422.12C, subsection 4, Code 2023, is 24 amended to read as follows: 25 4. Married taxpayers who have filed joint federal returns 26 electing to file separate returns must determine the child and 27 dependent care credit under subsection 1 or the early childhood 28 development tax credit under subsection 2 based upon their 29 combined net income and allocate the total credit amount to 30 each spouse in the proportion that each spouses respective net 31 income bears to the total combined net income. Nonresidents or 32 part-year residents of Iowa must determine their Iowa child and 33 dependent care credit under subsection 1 or the early childhood 34 development tax credit under subsection 2 in the ratio of 35 -36- LSB 1829SC (13) 90 lh/ns 36/ 82
S.F. _____ their Iowa source net income to their all source net income. 1 Nonresidents or part-year residents who are married and elect 2 to file separate returns must allocate the Iowa child and 3 dependent care credit under subsection 1 or the early childhood 4 development tax credit under subsection 2 between the spouses 5 in the ratio of each spouses Iowa source net income to the 6 combined Iowa source net income of the taxpayers. 7 Sec. 99. Section 422.16, subsection 12, paragraph a, Code 8 2023, is amended to read as follows: 9 a. In the case of nonresidents having income subject to 10 taxation by Iowa, but not subject to withholding of such tax 11 under subsection 1 or subject to the provisions of section 12 422.16B , withholding agents shall withhold from such income at 13 the same rate as provided in subsection 1 , and such withholding 14 agents and such nonresidents shall be subject to the provisions 15 of this section , according to the context, except that such 16 withholding agents may be absolved of such requirement to 17 withhold taxes from such nonresidents income upon receipt of a 18 certificate from the department issued in accordance with the 19 provisions of section 422.17 , as hereby amended . In the case 20 of nonresidents having income from a trade or business carried 21 on by them in whole or in part within the state of Iowa, such 22 nonresident shall be considered to be subject to the provisions 23 of this subsection unless such trade or business is of such 24 nature that the business entity itself, as a withholding 25 agent, is required to and does withhold Iowa income tax from 26 the distributions made to such nonresident from such trade or 27 business. 28 Sec. 100. Section 422.72, subsection 7, paragraph a, Code 29 2023, is amended to read as follows: 30 a. Notwithstanding subsection 3 , the director shall provide 31 state tax returns and return information in response to a 32 subpoena issued by the court pursuant to rule of 33 criminalprocedure 2.5 2.15 commanding the appearance before the attorney general or an assistant attorney general if the 35 -37- LSB 1829SC (13) 90 lh/ns 37/ 82
S.F. _____ subpoena is accompanied by affidavits from such person and 1 from a sworn peace officer member of the department of public 2 safety affirming that the information is necessary for the 3 investigation of a felony violation of chapter 124 or chapter 4 706B . 5 Sec. 101. Section 423.3, subsection 80, paragraph d, Code 6 2023, is amended to read as follows: 7 d. Subject to the limitations in paragraph c , where the 8 owner, contractor, subcontractor, or builder is also a retailer 9 holding a retail sales or use tax permit and transacting 10 retail sales of building materials, supplies, and equipment, 11 the tax shall not be due when materials are withdrawn from 12 inventory for use in construction performed for a designated 13 exempt entity if an exemption certificate is received from such 14 entity. 15 Sec. 102. Section 423.4, subsection 9, paragraph a, Code 16 2023, is amended to read as follows: 17 a. The person must be engaged in the manufacturing of 18 biodiesel who has and be registered with the United States 19 environmental protection agency as a manufacturer according to 20 the requirements in 40 C.F.R. 79.4 . The biodiesel must be for 21 use in biodiesel blended fuel in conformance with the standards 22 and classifications in section 214A.2 . The person must comply 23 with the requirements of this subsection and rules adopted by 24 the department pursuant to this subsection . 25 Sec. 103. Section 441.19, subsection 1, paragraph e, Code 26 2023, is amended to read as follows: 27 e. In the event of a failure of any person required to 28 list property to make a supplemental return on or before 29 the fifteenth day of February of any year when the listing 30 is required, the assessor shall proceed in the listing and 31 assessment of the persons property as provided by this 32 chapter . A failure to make a supplemental return does not 33 relieve a person subject to taxation shall not be relieved of 34 the persons obligation to list the persons property through 35 -38- LSB 1829SC (13) 90 lh/ns 38/ 82
S.F. _____ failure to make a supplemental return and any roll prepared by 1 the assessor after receiving a supplemental return, or when 2 prepared in accordance with other provisions of this chapter , 3 shall be a valid assessment. 4 Sec. 104. Section 452A.84, subsection 2, Code 2023, is 5 amended to read as follows: 6 2. Subtract from the figure computed pursuant to 7 subsection 1 of this section three percent of the figure for 8 administrative costs . All moneys remaining after claims for 9 the costs of administration have been made shall be transferred 10 to the marine fuel tax fund. 11 Sec. 105. Section 455B.145, unnumbered paragraph 1, Code 12 2023, is amended to read as follows: 13 When an air pollution control program conducted by a 14 political subdivision, or a combination of them political 15 subdivisions , is deemed upon review , as provided in section 16 455B.134 , to be consistent with the provisions of this 17 subchapter II or the rules established under this subchapter 18 II , the director shall accept such program in lieu of state 19 administration and regulation of air pollution within the 20 political subdivisions involved. This section shall not 21 be construed to limit the power of the director to issue 22 state permits and to take other actions consistent with this 23 subchapter II or the rules established under this subchapter 24 that the director deems necessary for the continued proper 25 administration of the air pollution programs within the 26 jurisdiction of the local air pollution program. 27 Sec. 106. Section 461A.35, subsection 1, Code 2023, is 28 amended to read as follows: 29 1. It shall be Except upon the terms, conditions, 30 limitations, and restrictions as set forth by the commission, 31 it is unlawful for any person to use, enjoy the privileges 32 of, destroy, injure, or deface plant life, trees, buildings, 33 or other natural or material property ; , or to construct or 34 operate for private or commercial purposes any structure ; , or 35 -39- LSB 1829SC (13) 90 lh/ns 39/ 82
S.F. _____ to remove any plant life, trees, buildings, sand, gravel, ice, 1 earth, stone, wood, or other natural material , ; or to operate 2 vehicles , within the boundaries of any state park, preserve, 3 or stream or any other lands or waters under the jurisdiction 4 of the commission for any purpose whatsoever , except upon the 5 terms, conditions, limitations, and restrictions as set forth 6 by the commission . 7 Sec. 107. Section 461A.64, Code 2023, is amended to read as 8 follows: 9 461A.64 Time and place. 10 Said The hearing under section 461A.63 shall be held not be 11 less than ten days nor more than thirty days from the date of 12 the last publication and shall be held of the notice in the 13 office of the commission or such other place as the commission 14 shall decide. 15 Sec. 108. Section 468.65, subsection 1, paragraph a, Code 16 2023, is amended to read as follows: 17 a. If they find the board finds the assessments to be 18 generally inequitable they shall order a reclassification of 19 all property subject to assessment, such as lands, highways, 20 and railroads in said district. 21 Sec. 109. Section 468.102, Code 2023, is amended to read as 22 follows: 23 468.102 Objections. 24 Any party interested in the said district or the improvement 25 thereof may file objections to said the report made under 26 section 468.101 and submit any evidence tending to show said 27 that the report should not be accepted. Any interested party 28 having a claim for damages arising out of the construction of 29 the improvement or repair shall file said the claim with the 30 board at or before the time fixed for hearing on the completion 31 of the contract, which claim shall not include any claim for 32 land taken for right-of-way or for severance of land. 33 Sec. 110. Section 468.104, Code 2023, is amended to read as 34 follows: 35 -40- LSB 1829SC (13) 90 lh/ns 40/ 82
S.F. _____ 468.104 Abandonment of work. 1 In case any contractor abandons or fails to proceed 2 diligently and properly with the work before completion, or in 3 case the contractor fails to complete the same work in the time 4 and according to the terms of the contract, the board shall 5 make written demand on the contractor and the contractors 6 surety to proceed with the work within ten days. Service of 7 said the demand may be personal, or by certified mail addressed 8 to the contractor and the surety, respectively, at their places 9 of residence or business, as shown by the records in the 10 auditors office. 11 Sec. 111. Section 468.275, Code 2023, is amended to read as 12 follows: 13 468.275 Contents of notice service. 14 Such The notice under section 468.274 shall state the time 15 and place, when , and where the boards of the several counties 16 will meet in joint session for the consideration of said the 17 petition and the report of the commissioners and engineer 18 thereon, and . The notice shall in other respects be the same 19 and served in the same time and manner as required when the 20 district is wholly within one county, except that the auditor 21 of each county shall give notice only to the owners, occupants, 22 encumbrancers, and lienholders of the lots and tracts of land 23 embraced within the proposed district in the auditors own 24 county as shown by the records of such county. 25 Sec. 112. Section 468.321, Code 2023, is amended to read as 26 follows: 27 468.321 Funding bonds. 28 Such cities may issue their funding bonds for the purpose of 29 securing money to pay any assessment against it the property of 30 the district as provided by law. 31 Sec. 113. Section 468.325, Code 2023, is amended to read as 32 follows: 33 468.325 Jurisdiction of municipality. 34 After the drainage district has been taken over by the 35 -41- LSB 1829SC (13) 90 lh/ns 41/ 82
S.F. _____ city, it the city shall have complete control thereof of 1 the district , and may use the same district for any purpose 2 that said the city through its city council deems proper 3 and necessary for the advancement of the city or its health 4 or welfare , and the . The city shall be responsible for the 5 maintenance and upkeep of said the drainage district only from 6 and after its relinquishment of the district by the board of 7 supervisors to the city. 8 Sec. 114. Section 478.17, Code 2023, is amended to read as 9 follows: 10 478.17 Access to lines damages. 11 Individuals or corporations operating transmission lines 12 shall have reasonable access to the transmission lines for the 13 purpose of constructing, reconstructing, enlarging, repairing, 14 or locating the poles, wires, or construction and other 15 devices used in or upon any line, but shall pay to the owner 16 of the lands and of crops all on the lands all damages to the 17 lands or crops caused by entering, using, and occupying the 18 lands for those purposes. This section shall not prevent the 19 execution of an agreement between the person or company owning 20 or operating the lines and the owner of the land or crops 21 regarding the use of the land. 22 Sec. 115. Section 481A.1, subsection 32, Code 2023, is 23 amended to read as follows: 24 32. Take or taking or attempting to take or hunt 25 is any pursuing, or any hunting, fishing, killing, trapping, 26 snaring, netting, searching for or shooting at, or stalking or 27 lying in wait for any game, animal, bird, or fish protected 28 by the state laws or rules adopted by the commission whether 29 or not such animal be then subsequently captured, killed, or 30 injured. 31 Sec. 116. Section 481A.26, Code 2023, is amended to read as 32 follows: 33 481A.26 Unlawful transportation. 34 No Except as otherwise provided, in any one day, a person , 35 -42- LSB 1829SC (13) 90 lh/ns 42/ 82
S.F. _____ except as otherwise provided, shall not ship, carry , or 1 transport in any one day, game, fish, birds, or animals, except 2 fur-bearing animals , in excess of the number the person is 3 legally permitted to be in possession of such a person possess . 4 Sec. 117. Section 481A.89, Code 2023, is amended to read as 5 follows: 6 481A.89 Permit to hold hides. 7 Upon application, which shall be filed with the commission 8 within ten days after the close of the open season, any person 9 may be permitted to hold hides or skins of fur-bearing animals 10 lawfully taken for a longer time than specified above in 11 section 481A.87 . Such application shall be verified and shall 12 show the number and varieties of the skins or hides to be 13 held by the applicant. The commission shall thereupon issue 14 a permit to such applicant to hold such skins or hides, which 15 permit shall authorize the holder to sell or otherwise dispose 16 of such skins or hides. 17 Sec. 118. Section 483A.7, subsection 5, Code 2023, is 18 amended to read as follows: 19 5. The commission shall authorize a person hunting wild 20 turkey with a license that authorizes the use of a shotgun to 21 use a caliber .410 shotgun or a 28-gauge shotgun. A caliber 22 .410 shotgun or a 28-gauge shotgun used for hunting wild turkey 23 shall only shoot shot not smaller than shot size number 10. 24 Sec. 119. Section 496C.21, subsection 3, Code 2023, is 25 amended to read as follows: 26 3. A corporation subject to the provisions of this chapter 27 shall pay the biennial report filing fee and make the biennial 28 report in a form and manner and at the time specified in 29 chapter 490 . 30 Sec. 120. Section 514C.18, subsection 2, paragraph a, 31 unnumbered paragraph 1, Code 2023, is amended to read as 32 follows: 33 This section applies to the following classes of third-party 34 payment provider contracts or policies that are delivered, 35 -43- LSB 1829SC (13) 90 lh/ns 43/ 82
S.F. _____ issued for delivery, continued, or renewed in this state on or 1 after July 1, 1999 : 2 Sec. 121. Section 515.13, Code 2023, is amended to read as 3 follows: 4 515.13 Reservation. 5 None of the The provisions of section 515.12, subsection 5, 6 shall not apply to any company heretofore that had organized 7 and was approved by the commissioner of insurance, but which 8 had not completed its organization on May 28, 1937 , nor shall 9 section . Section 515.12, subsection 5, also shall not apply 10 to any company already licensed to issue policies prior to May 11 28, 1937 . 12 Sec. 122. Section 515.20, Code 2023, is amended to read as 13 follows: 14 515.20 Guaranty capital. 15 1. A mutual company organized under this chapter may 16 establish and maintain guaranty capital of at least fifty 17 thousand dollars made up of multiples of ten thousand dollars, 18 divided into shares of not less than fifty dollars each, to be 19 invested as provided for the investment of insurance capital 20 and funds by section 515.35 . 21 2. Guaranty shareholders shall be members of the 22 corporation, and provision may be made for representation 23 of the shareholders of the guaranty capital on the board of 24 directors of the corporation. The representation shall not 25 exceed one-third of the membership of the board. Guaranty 26 shareholders in a mutual company are subject to the same 27 regulations of law relative to their right to vote as apply to 28 its policyholders. 29 3. The guaranty capital shall be applied to the payment 30 of the legal obligations of the corporation only when the 31 corporation has exhausted its assets in excess of the unearned 32 premium reserve and other liabilities. If the guaranty capital 33 is thus impaired, the directors may restore the whole, or 34 any part of the capital, by assessment on the corporations 35 -44- LSB 1829SC (13) 90 lh/ns 44/ 82
S.F. _____ policyholders as provided for in section 515.18 . 1 4. By a legal vote of the policyholders of the corporation 2 at any regular or special meeting of the policyholders of the 3 corporation, the guaranty capital may be fully retired or 4 may be reduced to an amount of not less than fifty thousand 5 dollars, if the net surplus of the corporation together with 6 the remaining guaranty capital is equal to or exceeds the 7 amount of minimum assets required by this chapter for such 8 companies, and if the commissioner of insurance consents to 9 the action. Due notice of the proposed action on the part 10 of the corporation shall be included in the notice given to 11 policyholders and shareholders of any annual or special meeting 12 and notice of the meeting shall also be given in accordance 13 with the corporations articles of incorporation. 14 5. A company with guaranty capital, which has ceased to 15 do business, shall not distribute among its shareholders or 16 policyholders any part of its assets, or guaranty capital, 17 until it has fully performed, or legally canceled, all of its 18 policy obligations. Shareholders of the guaranty capital are 19 entitled to interest on the par value of their shares at a 20 rate to be fixed by the board of directors and approved by the 21 commissioner, cumulative, payable semiannually, and payable 22 only out of the surplus earnings of the company. However, the 23 surplus account of the company shall not be reduced by the 24 payment of the interest below the figure maintained at the 25 time the guaranty capital was established. In addition, the 26 interest payment shall not be made unless the surplus assets 27 remaining after the payment of the interest at least equal 28 the amount required by the statutes of Iowa to permit the 29 corporation to continue in business. 30 6. In the event of the dissolution and liquidation of a 31 corporation having guaranty capital under this section , the 32 shareholders of the capital are entitled, after the payment of 33 all valid obligations of the company, to receive the par value 34 of their respective shares, together with any unpaid interest 35 -45- LSB 1829SC (13) 90 lh/ns 45/ 82
S.F. _____ on their shares, before there may be any distribution of the 1 assets of the corporation among its policyholders. These 2 7. The provisions of this section are in addition to and 3 independent of the provisions contained in section 515.19 . 4 Sec. 123. Section 515.134, Code 2023, is amended to read as 5 follows: 6 515.134 Failure to attach effect. 7 The omission so to do shall not render the policy invalid, 8 but if If any company or association neglects to comply with 9 the requirements of section 515.133 , the omission shall not 10 render the policy invalid, but the company or association 11 shall forever be precluded from pleading, alleging, or proving 12 any such or establishing the falsity of the application or 13 representations, or any part thereof, or falsity thereof, or 14 any parts thereof of the application or representations , in 15 any action upon the policy , and the . The plaintiff in any 16 such action shall not be required, in order to recover against 17 the company or association, either to plead or prove such the 18 application or representation, but may do so at the plaintiffs 19 option. 20 Sec. 124. Section 515A.18, subsection 1, Code 2023, is 21 amended to read as follows: 22 1. Any person, insurer , or rating organization to which 23 the commissioner has directed an order made without a hearing 24 may, within thirty days after receipt of the notice to it of 25 such the order, make written request to the commissioner for 26 a hearing thereon on the order . The commissioner shall hear 27 such party or parties conduct a hearing within twenty days 28 after receipt of such the request and shall give not less than 29 ten days written notice of the time and place of the hearing. 30 Within fifteen days after such the hearing the commissioner 31 shall affirm, reverse , or modify the previous action, 32 specifying the commissioners reasons therefor. Pending such 33 hearing and decision thereon the The commissioner may suspend 34 or postpone the effective date of the commissioners previous 35 -46- LSB 1829SC (13) 90 lh/ns 46/ 82
S.F. _____ action until after the hearing and decision . 1 Sec. 125. Section 516A.1, subsection 2, Code 2023, is 2 amended to read as follows: 3 2. However, the named insured may reject all of such 4 coverage, or reject the uninsured motor vehicle ( or hit-and-run 5 motor vehicle ) coverage, or reject the underinsured motor 6 vehicle coverage, by written rejections signed by the named 7 insured. If rejection is made on a form or document furnished 8 by an insurance company or insurance producer, it shall be on a 9 separate sheet of paper which contains only the rejection and 10 information directly related to it. Such coverage need not be 11 provided in or supplemental to a renewal policy if the named 12 insured has rejected the coverage in connection with a policy 13 previously issued to the named insured by the same insurer. 14 Sec. 126. Section 521A.2, subsection 4, Code 2023, is 15 amended to read as follows: 16 4. Exemption from investment restrictions. Investments 17 in common stock, preferred stock, debt obligations or other 18 securities of subsidiaries made pursuant to subsection 3 19 of this section hereof shall not be subject to any of the 20 otherwise applicable restrictions or prohibitions contained in 21 the Code applicable to such investments of insurers. 22 Sec. 127. Section 521A.3, subsection 2, paragraph a, 23 unnumbered paragraph 1, Code 2023, is amended to read as 24 follows: 25 The statement to be filed with the commissioner hereunder 26 under this section shall be made under oath or affirmation and 27 shall contain the following: 28 Sec. 128. Section 521A.4, subsection 8, Code 2023, is 29 amended to read as follows: 30 8. Consolidated filing. The commissioner may require or 31 allow two or more affiliated insurers subject to registration 32 hereunder under subsection 1 of this section to file a 33 consolidated registration statement or consolidated reports 34 amending their consolidated registration statement or their 35 -47- LSB 1829SC (13) 90 lh/ns 47/ 82
S.F. _____ individual registration statements. 1 Sec. 129. Section 521A.9, Code 2023, is amended to read as 2 follows: 3 521A.9 Injunctions prohibitions against voting securities 4 sequestration of voting securities. 5 1. Injunctions. Whenever it appears to the commissioner 6 that any insurer or any director, officer, employee, or agent 7 thereof has committed or is about to commit a violation of 8 this chapter or any rule, regulation, or order issued by the 9 commissioner hereunder under this chapter , the commissioner 10 may apply to the district court of the county in which the 11 principal office of the insurer is located or if such insurer 12 has no such office in this state then to the district court 13 of Polk county for an order enjoining such insurer or such 14 director, officer, employee, or agent thereof from violating 15 or continuing to violate this chapter or any such rule, 16 regulation, or order, and for such other equitable relief as 17 the nature of the case and the interests of the insurers 18 policyholders, creditors, and shareholders or the public may 19 require. 20 2. Voting of securities when prohibited. No security 21 which is the subject of any agreement or arrangement regarding 22 acquisition, or which is acquired or to be acquired, in 23 contravention of the provisions of this chapter or of any rule, 24 regulation, or order issued by the commissioner hereunder under 25 this chapter may be voted at any shareholders meeting, or may 26 be counted for quorum purposes, and any action of shareholders 27 requiring the affirmative vote of a percentage of shares 28 may be taken as though such securities were not issued and 29 outstanding; but no action taken at any such meeting shall 30 be invalidated by the voting of such securities, unless the 31 action would materially affect control of the insurer or unless 32 the district court has so ordered. If any insurer or the 33 commissioner has reason to believe that any security of the 34 insurer has been or is about to be acquired in contravention of 35 -48- LSB 1829SC (13) 90 lh/ns 48/ 82
S.F. _____ the provisions of this chapter or of any rule, regulation, or 1 order issued by the commissioner hereunder under this chapter 2 the insurer or the commissioner may apply to the district court 3 of Polk county or to the district court for the county in which 4 the insurer has its principal place of business to enjoin any 5 offer, request, invitation, agreement, or acquisition made 6 in contravention of section 521A.3 or any rule, regulation, 7 or order issued by the commissioner thereunder under section 8 521A.3 to enjoin the voting of any security so acquired, to 9 void any vote of such security already cast at any meeting of 10 shareholders, and for such other equitable relief as the nature 11 of the case and the interests of the insurers policyholders, 12 creditors, and shareholders or the public may require. 13 3. Sequestration of voting securities. In any case 14 where a person has acquired or is proposing to acquire any 15 voting securities in violation of this chapter or any rule, 16 regulation, or order issued by the commissioner hereunder 17 under this chapter , the district court of Polk county or the 18 district court for the county in which the insurer has its 19 principal place of business may, on such notice as the court 20 deems appropriate, upon the application of the insurer or the 21 commissioner seize or sequester any voting securities of the 22 insurer owned directly or indirectly by such person, and issue 23 such orders with respect thereto as may be appropriate to 24 effectuate the provisions of this chapter . Notwithstanding any 25 other provisions of law, for the purposes of this chapter the 26 situs of the ownership of the securities of domestic insurers 27 shall be deemed to be in this state. 28 Sec. 130. Section 523A.501, subsection 1, Code 2023, is 29 amended to read as follows: 30 1. A person shall not advertise, sell, promote, or offer 31 to furnish cemetery merchandise, funeral merchandise, funeral 32 services, or a combination thereof when performance or delivery 33 may be more than one hundred twenty days following the initial 34 payment on the account without unless the person has a preneed 35 -49- LSB 1829SC (13) 90 lh/ns 49/ 82
S.F. _____ sellers license. 1 Sec. 131. Section 524.228, subsection 1, Code 2023, is 2 amended to read as follows: 3 1. If it appears to the superintendent that a state bank, 4 or any director, officer, employee, or substantial shareholder 5 of the state bank is engaging in or is about to engage in an 6 unsafe or unsound practice or dishonest act in conducting the 7 business of the state bank that is likely to cause insolvency 8 or substantial dissipation of assets or earnings of the state 9 bank, or is likely to seriously weaken the condition of the 10 state bank or otherwise seriously prejudice the interests of 11 its depositors prior to the completion of the proceedings 12 conducted pursuant to section 524.223 , 524.606, subsection 13 2 , or 524.707, subsection 2 , the superintendent may issue an 14 emergency order requiring the state bank, director, officer, 15 employee, or substantial shareholder to cease and desist from 16 any such practice or act, and to take affirmative action, 17 including suspension of the director, officer, or employee to 18 prevent such insolvency, dissipation, condition, or prejudice 19 pending completion of the proceedings. The emergency order 20 becomes effective upon service upon the state bank, or upon 21 the director, officer, employee, or substantial shareholder 22 of the state bank and, unless . Unless set aside, limited, or 23 suspended by a court as provided in this chapter , the emergency 24 order remains effective and enforceable pending the completion 25 of the administrative proceedings pursuant to the emergency 26 order and until such time as the superintendent dismisses the 27 charges specified in the emergency order , or, if . If a final 28 cease and desist order is issued against the state bank or the 29 director, officer, employee, or substantial shareholder , the 30 emergency order remains in effect until the effective date of 31 the final order. 32 Sec. 132. Section 524.536, subsection 2, paragraph b, Code 33 2023, is amended to read as follows: 34 b. A shareholder, or the shareholders agent or attorney, 35 -50- LSB 1829SC (13) 90 lh/ns 50/ 82
S.F. _____ is entitled on written demand to inspect the list at any 1 time during usual business hours and at the shareholders 2 shareholders expense, during the period it is available for 3 inspection. 4 Sec. 133. Section 524.1301, unnumbered paragraph 1, Code 5 2023, is amended to read as follows: 6 A majority of the incorporators, organizers, or initial 7 directors of a state bank that has not issued shares or has not 8 commenced business may dissolve the state bank by delivering 9 articles of dissolution to the superintendent, together with 10 the applicable filing fees , for filing with the secretary of 11 state that set forth all of the following: 12 Sec. 134. Section 524.1404, Code 2023, is amended to read 13 as follows: 14 524.1404 Procedure after approval by the superintendent 15 issuance of certificate of merger. 16 If applicable state or federal laws require the approval of 17 the merger by a federal or state agency, the superintendent may 18 withhold delivery of the approved articles of merger until the 19 superintendent receives notice of the decision of such agency. 20 If the final approval of the agency is not given within six 21 months of the superintendents approval, the superintendent 22 shall notify the parties to the plan of merger that the 23 approval of the superintendent has been rescinded for that 24 reason. If such agency gives its approval, the superintendent 25 shall deliver the articles of merger, with the superintendents 26 approval indicated on the articles, to the secretary of state, 27 and shall notify the parties to the plan of merger. The 28 receipt of the approved articles of merger by the secretary of 29 state constitutes filing of the articles of merger with that 30 office. On the date upon which the merger is effective , the 31 secretary of state shall issue and send a certificate of merger 32 and send the same to the resulting state bank and send a copy of 33 the certificate of merger to the superintendent. 34 Sec. 135. Section 524.1504, subsection 1, paragraph f, Code 35 -51- LSB 1829SC (13) 90 lh/ns 51/ 82
S.F. _____ 2023, is amended to read as follows: 1 f. The number of shares or member votes voted for and 2 against such amendment, respectively, and if the shares of any 3 class are entitled to vote thereon on the amendment as a class, 4 the number of shares of each such class voted for and against 5 such amendment. 6 Sec. 136. Section 524.1611, Code 2023, is amended to read 7 as follows: 8 524.1611 Offenses involving employees of banking division. 9 1. Any person violating the provisions of section 524.211, 10 subsection 1 , shall be guilty of a fraudulent practice, and 11 shall be subject to a further fine of a sum equal to the amount 12 of the value of the property given or received or the money so 13 loaned or borrowed. An employee of the division of banking 14 convicted of a violation of such section 524.211, subsection 1, 15 shall be immediately discharged from employment and shall be 16 forever disqualified from holding any position in the banking 17 division. 18 2. Any examiner violating the provision of section 19 524.212 shall be guilty of a serious misdemeanor. Any 20 examiner convicted of a violation of section 524.212 shall be 21 immediately discharged from employment and shall be forever 22 disqualified from holding any position in the banking division. 23 Sec. 137. Section 536.21, Code 2023, is amended to read as 24 follows: 25 536.21 Rules. 26 The superintendent is hereby authorized and empowered to 27 adopt such reasonable and relevant rules pursuant to chapter 28 17A as may be necessary for the execution and the enforcement 29 of the provisions of this chapter , . Rules adopted shall be 30 in addition hereto to and not inconsistent herewith with the 31 requirements of this chapter . 32 Sec. 138. Section 536.26, subsection 5, Code 2023, is 33 amended to read as follows: 34 5. If a borrower procures insurance by or through a 35 -52- LSB 1829SC (13) 90 lh/ns 52/ 82
S.F. _____ licensee, the licensee shall cause to be delivered to the 1 borrower a copy of the policy within fifteen days from the date 2 such insurance is procured. No licensee shall decline new or 3 existing insurance which meets the standards set out herein 4 in this section nor prevent any obligor from obtaining such 5 insurance coverage from other sources. 6 Sec. 139. Section 537.2307, Code 2023, is amended to read 7 as follows: 8 537.2307 Restrictions on interest in land as security. 9 With respect to a supervised loan in which the rate of 10 finance charge is in excess of fifteen percent computed 11 according to the actuarial method, and the amount financed is 12 two thousand dollars or less, a lender may shall not contract 13 for a security interest in real property used as a residence 14 for the consumer or the consumers dependents. A security 15 interest taken in violation of this section is void. 16 Sec. 140. Section 543B.35, Code 2023, is amended to read as 17 follows: 18 543B.35 Hearing on charges. 19 The real estate commission shall, upon request of the 20 applicant as provided in section 543B.19 , or before revoking 21 any license, set the matter down for a hearing and at . At 22 least twenty days prior to the date set for the hearing it , the 23 commission shall notify send a written notice to the applicant 24 or licensee in writing, which said notice shall contain 25 containing an exact statement of the charges made and the date 26 and place of the hearing. The At the hearing, an applicant 27 or licensee at all such hearings shall have the opportunity 28 to be heard in person and by counsel in reference thereto . 29 Such The written notice of hearing may be served by delivery 30 personally to the applicant or licensee or by mailing the same 31 notice by certified mail to the last known business address of 32 such applicant or licensee. If such applicant or licensee be 33 is a salesperson, the commission shall also notify the broker 34 employing the salesperson , or into whose employ the salesperson 35 -53- LSB 1829SC (13) 90 lh/ns 53/ 82
S.F. _____ is about to enter , by mailing such notice by certified mail to 1 the brokers last known business address. The hearing on such 2 the charges shall be at such time and place as the commission 3 shall prescribe. 4 Sec. 141. Section 543B.44, Code 2023, is amended to read as 5 follows: 6 543B.44 Complaints referred to court. 7 The real estate commission may refer a complaint for 8 violation of section 543B.1 before any court of competent 9 jurisdiction , and it . The commission may also take the 10 necessary legal steps through the proper legal officers of 11 this state to enforce the provisions hereof of and collect the 12 penalties herein provided in this chapter . 13 Sec. 142. Section 558.7, Code 2023, is amended to read as 14 follows: 15 558.7 Assignment of certificate of entry deemed deed. 16 When An assignment shall have the same force and effect 17 as a deed of conveyance and shall be conclusively presumed 18 to carry all right, title, and interest of the patentee of 19 the real estate, the same as though a deed of conveyance had 20 been subsequently executed by the patentee or assignor to a 21 subsequent grantor, when the record shows: 22 1. That the original entry, certificate of entry, receipt, 23 or duplicate thereof has been assigned; 24 2. That prior or subsequent to such assignment, the United 25 States or state issued a patent or conveyance to the assignor; 26 3. That no deed of conveyance appears on record from the 27 person who made the original entry or assignor to the assignee; 28 and 29 4. That the present record owner holds title under such 30 assignment ; such assignment shall have the same force and 31 effect as a deed of conveyance and shall be conclusively 32 presumed to carry all right, title, and interest of the 33 patentee of said real estate, the same as though a deed of 34 conveyance had been subsequently executed by the patentee or 35 -54- LSB 1829SC (13) 90 lh/ns 54/ 82
S.F. _____ assignor to a subsequent grantor . 1 Sec. 143. Section 562B.26, Code 2023, is amended to read as 2 follows: 3 562B.26 Failure to maintain by tenant. 4 If there is noncompliance by the tenant with section 562B.18 5 materially affecting health and safety that can be remedied 6 by repair, replacement of a damaged item , or cleaning and the 7 tenant fails to comply as promptly as conditions require in 8 case of emergency or within fourteen days after written notice 9 by the landlord specifying the breach and requesting that the 10 tenant remedy it within that period of time, the landlord may 11 enter the mobile home space, and cause the work to be done in a 12 skillful manner and . The landlord may submit an itemized bill 13 for the actual and reasonable cost or the fair and reasonable 14 value thereof as additional rent on the next date when periodic 15 rent is due, or if the rental agreement was terminated, for 16 immediate payment. 17 Sec. 144. Section 633.220, Code 2023, is amended to read as 18 follows: 19 633.220 Afterborn heirs time of determining relationship. 20 Heirs of an intestate, begotten conceived before but born 21 after the intestates death but born thereafter , shall inherit 22 as if they had been born in the lifetime of the intestate and 23 had survived the intestate. With this exception, the intestate 24 succession shall be determined by the relationships existing at 25 the time of the death of the intestate. 26 Sec. 145. Section 633.496, Code 2023, is amended to read as 27 follows: 28 633.496 Foreign probated wills. 29 A will probated in any other state or country shall be 30 admitted to probate in this state upon the production of a copy 31 thereof of the will and of the original record of probate , . 32 The will and record of probate must be authenticated by the 33 certificate of the clerk of the court in which such probation 34 was made the will was probated , or, if there be is no clerk, 35 -55- LSB 1829SC (13) 90 lh/ns 55/ 82
S.F. _____ then by the certificate of the judge of such the court, and 1 by the seal of office of such that officer if the officer or 2 office has a seal. 3 Sec. 146. Section 639.48, Code 2023, is amended to read as 4 follows: 5 639.48 Perishable property examination. 6 When the sheriff thinks the property attached is in danger 7 of serious and immediate waste and decay, or when the keeping 8 of the same property will necessarily be attended with such 9 expense as greatly to depreciate the amount of proceeds to be 10 realized therefrom, or when the plaintiff makes an affidavit to 11 that effect, the sheriff may summon three persons having the 12 qualifications of jurors to examine the same property . 13 Sec. 147. Section 659A.3, subsection 2, unnumbered 14 paragraph 1, Code 2023, is amended to read as follows: 15 Except as otherwise provided in section 659A.4 , a depicted 16 individual who is identifiable and who suffers harm from a 17 persons intentional disclosure or threatened disclosure , 18 without the depicted individuals consent, of an intimate image 19 that was private without the depicted individuals consent has 20 a cause of action against the person , if the person knew, or 21 acted with reckless disregard regarding, all of the following: 22 Sec. 148. Section 664A.7, subsection 5, Code 2023, is 23 amended to read as follows: 24 5. Violation of a no-contact order entered for the offense 25 or alleged offense of domestic abuse assault in violation 26 of section 708.2A , or for the offense or alleged offense of 27 older individual assault in violation of section 708.2D , or 28 a violation of a protective order issued pursuant to chapter 29 232 , 235F , 236 , 236A , 598 , or 915 constitutes a public offense 30 and is punishable as a simple misdemeanor. Alternatively, 31 the court may hold a person in contempt of court for such a 32 violation, as provided in subsection 3 . 33 Sec. 149. Section 692A.128, subsection 3, paragraph f, Code 34 2023, is amended to read as follows: 35 -56- LSB 1829SC (13) 90 lh/ns 56/ 82
S.F. _____ f. The sex offender is not incarcerated when the application 1 is filed. 2 (1) A tier I offender must not have been convicted of any 3 criminal offense other than a simple misdemeanor, or a simple 4 or serious misdemeanor or traffic violation under chapter 321 , 5 for the ten-year period immediately preceding the filing of the 6 application. 7 (2) A tier II or tier III offender shall not have been 8 convicted of any criminal offense other than a simple 9 misdemeanor, or a simple or serious misdemeanor or traffic 10 violation under chapter 321 , for the fifteen-year period 11 immediately preceding the filing of the application. 12 Sec. 150. Section 692A.128, subsection 3, Code 2023, is 13 amended by adding the following new paragraphs: 14 NEW PARAGRAPH . g. A tier I offender must not have 15 been convicted of any criminal offense other than a simple 16 misdemeanor, or a simple or serious misdemeanor or traffic 17 violation under chapter 321, for the ten-year period 18 immediately preceding the filing of the application. 19 NEW PARAGRAPH . h. A tier II or tier III offender shall not 20 have been convicted of any criminal offense other than a simple 21 misdemeanor, or a simple or serious misdemeanor or traffic 22 violation under chapter 321, for the fifteen-year period 23 immediately preceding the filing of the application. 24 Sec. 151. Section 708.2D, subsection 3, unnumbered 25 paragraph 1, Code 2023, is amended to read as follows: 26 Except as otherwise provided in subsection 2 , on a second 27 offense of older individual assault, a person commits: 28 Sec. 152. Section 714I.3, subsection 2, paragraph b, Code 29 2023, is amended to read as follows: 30 b. Use or provide a patient with human reproductive material 31 for assisted reproduction that is not used or provided with the 32 donors consent or in a manner or to an extent other than that 33 to which the donor consented. 34 Sec. 153. Section 726.24, subsection 11, Code 2023, is 35 -57- LSB 1829SC (13) 90 lh/ns 57/ 82
S.F. _____ amended to read as follows: 1 11. If a person is convicted or of, receives a deferred 2 judgment for, or pleads guilty to a violation of this section , 3 the court shall modify the no-contact order issued upon initial 4 appearance in the manner provided in section 664A.5 , regardless 5 of whether the person is placed on probation. 6 Sec. 154. Section 815.7, subsection 6, Code 2023, is amended 7 to read as follows: 8 6. For appointments made on or after July 1, 2021, through 9 June 30, 2022, the reasonable compensation shall be calculated 10 on the basis of seventy-six dollars per hour for class A 11 felonies, seventy-one dollars per hour for class B felonies, 12 and sixty-six dollars per hour for all other cases. 13 Sec. 155. 2022 Iowa Acts, chapter 1050, section 1, is 14 amended by striking the section and inserting in lieu thereof 15 the following: 16 SECTION 1. Section 511.8, subsection 22 , paragraph b, 17 subparagraph (2), unnumbered paragraph 1, Code 2022, is amended 18 to read as follows: 19 Be between an insurer and a conduit and be collateralized 20 by cash or obligations which are eligible under subsection 21 1, 2, 3, 5, 19, or 24 , are deposited with a custodian bank 22 as defined in subsection 21 , and are held under a written 23 agreement with the custodian bank that complies with subsection 24 21 and provides for the proceeds of the collateral, subject to 25 the terms and conditions of the applicable collateral or other 26 credit support agreement, to be remitted to the legal reserve 27 deposit of the company or association and to vest in the state 28 in accordance with section 508.18 whenever proceedings under 29 that section are instituted. Paragraphs c , d , and e of 30 this subsection are not applicable to investments in financial 31 instruments used in hedging transactions eligible pursuant to 32 this subparagraph. As used in this subparagraph, conduit 33 means a person within an insurers insurance holding company 34 system, as defined in section 521A.1 , subsection 7, which 35 -58- LSB 1829SC (13) 90 lh/ns 58/ 82
S.F. _____ aggregates hedging transactions by other persons within the 1 insurance holding company system and replicates them with 2 counterparties. 3 Sec. 156. 2022 Iowa Acts, chapter 1099, section 106, is 4 amended to read as follows: 5 SEC. 106. APPLICABILITY. This division of this Act applies 6 to agreements entered into between a restaurant and a food 7 delivery platform on or after the effective date of this 8 division of this Act. 9 Sec. 157. 2022 Iowa Acts, chapter 1131, section 78, is 10 amended to read as follows: 11 SEC. 78. APPLICABILITY. This division of this Act applies 12 to health carriers that deliver, issue for delivery, continue, 13 or renew a policy, contract, or plan in this state on or after 14 the effective date of this division of this Act. 15 Sec. 158. REPEAL. Section 97D.3, Code 2023, is repealed. 16 DIVISION II 17 EFFECTIVE DATE AND APPLICABILITY PROVISIONS 18 Sec. 159. EFFECTIVE DATE. The following, being deemed of 19 immediate importance, take effect upon enactment: 20 1. The section of this Act amending section 388.3, 21 subsection 6. 22 2. The section of this Act amending section 422.12C, 23 subsection 4. 24 3. The section of this Act amending 2022 Iowa Acts, chapter 25 1050, section 1. 26 4. The section of this Act amending 2022 Iowa Acts, chapter 27 1099, section 106. 28 5. The section of this Act amending 2022 Iowa Acts, chapter 29 1131, section 78. 30 Sec. 160. RETROACTIVE APPLICABILITY. The following applies 31 retroactively to June 14, 2022: 32 The section of this Act amending 2022 Iowa Acts, chapter 33 1131, section 78. 34 Sec. 161. RETROACTIVE APPLICABILITY. The following apply 35 -59- LSB 1829SC (13) 90 lh/ns 59/ 82
S.F. _____ retroactively to July 1, 2022: 1 1. The section of this Act amending 2022 Iowa Acts, chapter 2 1050, section 1. 3 2. The section of this Act amending 2022 Iowa Acts, chapter 4 1099, section 106. 5 Sec. 162. RETROACTIVE APPLICABILITY. The following applies 6 retroactively to January 1, 2023: 7 The section of this Act amending section 422.12C, subsection 8 4. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanations substance by the members of the general assembly. 12 This bill contains statutory corrections which may adjust 13 language to reflect current practices, insert earlier 14 omissions, delete redundancies and inaccuracies, delete 15 temporary language, resolve inconsistencies and conflicts, 16 update ongoing provisions, or remove ambiguities. The Code 17 sections amended include the following: 18 Division I: 19 Section 9C.9: Replaces the word hereof with of this 20 chapter to clarify the meaning of this provision prohibiting 21 sales by transient merchants in violation of the restrictions, 22 licensing, and product representation requirements of Code 23 chapter 9C. 24 Section 9G.4: Replaces the words therein, thereof, and 25 they with more specific language, divides a long sentence 26 into three sentences, and updates other language to clarify 27 this provision relating to documents and records kept by the 28 land office of the state. 29 Section 15E.305: Strikes the words of the aggregate 30 amount of tax credits authorized from language limiting the 31 amount of endow Iowa tax credits that may be granted to a 32 taxpayer to reflect the change made in 2022 Iowa Acts, chapter 33 1002, section 48, to change the amount of tax credits from a 34 percentage of the aggregate to a fixed dollar amount. 35 -60- LSB 1829SC (13) 90 lh/ns 60/ 82
S.F. _____ Section 15F.403: Adds the words and infrastructure to a 1 reference to the sports tourism marking program to conform 2 this program reference by name to the name used to identify the 3 program established in Code section 15F.401. 4 Section 24.30: Divides a long sentence into two sentences, 5 replaces the words it and herein with specific language, 6 and replaces the word said with the word the to clarify and 7 update the language of this Code section describing the duties 8 and powers of the state appeal board with respect to appeals on 9 proposed budget expenditures, tax levies, and tax assessments. 10 Section 27A.1: Adds, to this definitions Code section for 11 the Code chapter pertaining to enforcement of immigration 12 laws, an unnumbered paragraph relating to the applicability of 13 the definitions to the Code chapter, to conform the style of 14 this Code section to the style used in other definitions Code 15 sections for Code chapters elsewhere in the Code. 16 Section 29C.6: Changes the word or to of to conform 17 the meaning of this sentence to the meaning of the rest of 18 the language of this Code subsection regarding gubernatorial 19 recommendations relating to repayment of loans received 20 from the federal government by local governments following a 21 disaster emergency, when local revenues are insufficient to 22 meet local operating expenses. 23 Section 34A.8: Changes the word section to paragraph in 24 penalty language that appears to be limited to the paragraph 25 containing the prohibition against the improper use of local 26 exchange service information by persons providing 911 emergency 27 telephone service or related mass notifications and emergency 28 messaging services. 29 Section 41.1: Adds the words in Marshall county to this 30 provision relating to territory that is exclusively within 31 Marshall county to conform the style of this provision to other 32 similar descriptions of representative districts that lie 33 within a single county. 34 Section 43.2: Replaces the words the foregoing definition 35 -61- LSB 1829SC (13) 90 lh/ns 61/ 82
S.F. _____ with the words this paragraph to conform language describing 1 a duty of the state commissioner of elections to the style of 2 other language used elsewhere in the Code to specify the source 3 of authority for performance of a duty. 4 Section 43.50: Redrafts, to add specific citations 5 and descriptors, to clarify the language describing the 6 responsibility of a board of supervisors to sign, certify the 7 correctness of, and file abstracts of the canvass of votes cast 8 in primary elections. 9 Section 43.60: Strikes the phrase, word, and abbreviation 10 to the same, it, and , viz. and inserts the words the 11 abstract to update the style and clarify language relating to 12 separate abstracts of the canvass of votes cast for state and 13 federal offices. 14 Section 85.18: Redrafts to update the style of and clarify 15 the meaning of the word herein in this Code section that 16 provides that an employers workers compensation liability 17 cannot be relieved by any contract, rule, or device, but that 18 this statutory requirement does not create a private cause of 19 action. 20 Section 85.38: Replaces the word herein with in this 21 chapter to clarify the meaning of this provision that defines 22 how the liability of an employer for an employees injury or 23 death while in the employers employment may be determined. 24 Section 85.42: Redrafts and reformats terminology to use 25 the style and emphasis used for defined terms elsewhere in the 26 Code, and replaces the word herein with the words in this 27 subsection, to clarify the meaning of language that describes 28 which children are conclusively presumed to be dependent upon a 29 deceased employee for purposes of the Code chapter governing 30 workers compensation. 31 Section 85.64: Replaces archaic language with more specific 32 language, reformats a reference to the second injury fund to 33 be consistent with other references to that fund, and strikes 34 redundant language to update and clarify this Code section 35 -62- LSB 1829SC (13) 90 lh/ns 62/ 82
S.F. _____ limiting benefits for compensable injuries for employees who 1 have preexisting disabilities. 2 Section 85A.2: Replaces a reference to hereinafter and 3 thereto with chapter references to clarify this provision 4 describing which employers are subject to the requirements of 5 the Code chapter governing occupational disease compensation. 6 Section 89.4: Replaces the word therewith with the phrase 7 with steam heating boilers to clarify this exception to the 8 application of the requirements of this Code chapter governing 9 boilers and unfired steam pressure vessels. 10 Section 89.12: Replaces the word herein with a chapter 11 reference to clarify the extent to which the general provisions 12 relating to civil practice and procedure apply to hearings 13 before the labor commissioner regarding boilers and unfired 14 steam pressure vessels. 15 Section 96.2: Replaces the word herein with a chapter 16 reference to clarify language articulating the policy of the 17 state for purposes of interpretation and application of the 18 Code chapter pertaining to unemployment compensation. 19 Section 96.5: Replaces the word hereof, that appears 20 immediately after a reference to Code section 96.1A, with a 21 reference to subsection 7 of this Code section, to clarify 22 which Code paragraph provisions are being referenced, in 23 language relating to how wages that are vacation pay should be 24 allocated for purposes of unemployment compensation. 25 Section 97B.42: Replaces the word herein with a chapter 26 reference to clarify this provision prohibiting an employer 27 from making contributions on behalf of an employee in the same 28 position, for the same period of time, to both the Iowa public 29 employees retirement system and any other publicly supported 30 retirement system. 31 Section 97D.3: Repeals this obsolete provision that calls 32 for the holding of a referendum as soon as possible after 33 July 1, 1990, regarding mandatory coverage of newly hired 34 peace officers, police officers, and fire fighters, under the 35 -63- LSB 1829SC (13) 90 lh/ns 63/ 82
S.F. _____ federal Social Security Act. Representatives from the Iowa 1 public employees retirement system and the department of 2 administrative services have indicated that the referendum was 3 held in 1991 and this Code section is obsolete. 4 Section 100.33: Divides a long sentence into two sentences 5 and supplies missing language to update and clarify this 6 provision describing the filing and publication of the annual 7 report of the state fire marshal. 8 Sections 123.32, 123.34, 123.39, 123.46A, 123.49, and 9 123.50: Strikes the words or permit or or permittee from 10 these provisions regulating the conduct of retail alcohol 11 licensees, the employees of licensees, and other persons to 12 reflect changes made in 2022 Iowa Acts, chapter 1099, that 13 altered the authorization granted to persons in the business 14 of selling or dispensing alcoholic beverages at retail from 15 licenses and permits to licenses. 16 Section 123.56: Adds the words for the county or city, 17 the indefinite article an, and changes the words arising 18 from to occurring at to clarify this provision relating to 19 the procedure for the abatement of public safety nuisances on 20 premises licensed under this Code chapter relating to alcoholic 21 beverage control. 22 Section 123.173: Strikes the word permittee and inserts 23 the words alcohol licensee in this provision relating to 24 delivery or transfer of wine between unlicensed or licensed 25 premises to reflect the changes made in 2022 Iowa Acts, chapter 26 1099, that changed the nature of the authority granted to 27 persons in the business of selling or dispensing alcoholic 28 beverages at retail from licenses and permits to licenses. 29 Section 124.204: Corrects the chemical names of four 30 schedule I controlled substances to conform to the names of 31 those substances as listed in the federal regulations under 21 32 C.F.R. pt. 1308. 33 Section 125.77: Strikes the words district court judge, a 34 district associate judge, or and leaves the word magistrate, 35 -64- LSB 1829SC (13) 90 lh/ns 64/ 82
S.F. _____ in this provision relating to notice of the filing of an 1 application for the involuntary civil commitment or treatment 2 of a person with a substance-related disorder, to reflect the 3 addition of a definition of the term magistrate by 2022 Iowa 4 Acts, chapter 1071, section 2, that includes all judges of 5 the district court, including district associate judges and 6 judicial magistrates. 7 Section 147E.1: Changes the words herein and hereunder 8 to in this compact and under this compact to improve the 9 clarity of these provisions relating to the construction, 10 interpretation, and the effect of the provisions contained in 11 the occupational therapy licensure compact. 12 Section 152.1: Moves language, relating to application of 13 scientific principles to the duties listed that are part of 14 the practice of nursing, to the end of a subsection and adds a 15 reference to the new practice that was added by 2022 Iowa Acts, 16 chapter 1108, section 1, to the list of references to duties to 17 which scientific principles should be applied. 18 Section 189A.7: Changes the words said secretary to the 19 secretary of agriculture of the United States to clarify the 20 meaning of language describing a possible duty of the Iowa 21 secretary of agriculture under the federal Meat Inspection Act 22 and federal Poultry Products Inspection Act. 23 Section 189A.17: Changes two references to herein to 24 under this section and in this section to clarify these 25 provisions relating to proceedings before or investigations by 26 the Iowa secretary of agriculture pertaining to premises where 27 animals or poultry are slaughtered or otherwise prepared. 28 Section 206.2: Redrafts to improve the clarity of a 29 description of what constitutes an active ingredient in a 30 pesticide. 31 Section 232.78: Adds a reference to the new paragraph b, 32 to this provision relating to the statement of facts to support 33 court findings that must be contained within an application 34 for an ex parte order for the taking of a child into custody, 35 -65- LSB 1829SC (13) 90 lh/ns 65/ 82
S.F. _____ to correct an error made when new paragraph b was created by 1 2022 Iowa Acts, chapter 1098, section 24. The 2022 Act added 2 new language requiring an additional finding that must be made 3 by the court and designated that new finding as paragraph b 4 and moved the existing finding contained in paragraph b to 5 paragraph c, but did not redesignate the existing paragraph 6 c or d or revise the existing internal references to 7 reflect the changes that had been made. 8 Section 232.104: Changes a reference to Code section 9 232.102, subsection 12, to a reference to Code section 10 232.102A, subsection 4, in this provision relating to 11 the timing of a permanency hearing for a child subject to 12 out-of-home placement, to reflect the movement of the language 13 describing when the waiver of reasonable efforts may be made by 14 the court from Code section 232.102 to Code section 232.102A by 15 2022 Iowa Acts, chapter 1098. 16 Section 256.84: Updates an internal reference that was 17 inadvertently missed in 2006 when subsection 5 of this section 18 relating to the powers of the Iowa public broadcasting board 19 regarding facilities and equipment was stricken by 2006 Iowa 20 Acts, chapter 1185, section 27, and the subsequent subsections 21 were renumbered. 22 Section 257.3: Adds a reference to Code section 427B.19, 23 subsection 3, to clarify this provision describing how the 24 foundation property tax portion of payments to school districts 25 for tax replacement claims for industrial machinery, equipment, 26 and computers should be calculated. 27 Section 261.73: Adds the words all of to the prefatory 28 paragraph of this provision, describing the requirements that 29 an applicant for loan forgiveness under the chiropractic 30 loan forgiveness program must meet, to conform to the style 31 currently used in paragraphs preceding lists of requirements 32 when all requirements in the list must be met. 33 Section 261.116: Adds the words all of to the prefatory 34 paragraph of this provision, describing the requirements that 35 -66- LSB 1829SC (13) 90 lh/ns 66/ 82
S.F. _____ an applicant for a financial award under the health care 1 award program must meet, to conform to the style currently 2 used in paragraphs preceding lists of requirements when all 3 requirements in the list must be met. 4 Section 262.44: Replaces a reference to hereinbefore 5 with a reference to in this section to clarify the meaning 6 of this provision relating to the authority of the state board 7 of regents with respect to certain buildings, structures, 8 facilities, areas, additions, or improvements on the campuses 9 of the institutions of higher education under the boards 10 control. 11 Section 262.58: Replaces references to thereof and 12 thereto with references to bonds or notes and replaces a 13 reference to hereinbefore with a reference to in this 14 subchapter to clarify the meaning and update the style of 15 this provision relating to rates and terms of bonds or notes 16 executed by the state board of regents. 17 Section 262.62: Replaces a reference to hereinbefore with 18 a reference to in this subchapter in this Code section that 19 provides that bonds or notes executed by the state board of 20 regents are not a charge against the state of Iowa and that 21 no taxes, appropriations, or other funds of the state may be 22 pledged or used for the bonds or notes. 23 Section 266.7: Replaces the word said with the word 24 Purnell to clarify this reference to the federal Purnell 25 Act in this provision allowing the treasurer of Iowa state 26 university of science and technology to receive grants of money 27 appropriated under that Act. 28 Section 280.13A: Strikes the words governing and a 29 governing that appear before the term organization and 30 inserts the definite article the in this provision relating 31 to school district or nonpublic school agreements relating to 32 student eligibility for interscholastic activities to reflect 33 the definition of the term organization under Code section 34 280.13. 35 -67- LSB 1829SC (13) 90 lh/ns 67/ 82
S.F. _____ Section 282.20: Updates language to improve the readability 1 of this provision prohibiting the rebate of tuition or the 2 payment of any special compensation, privilege, or other thing 3 of value by a school district to any pupil or pupils parents 4 if the rebate or payment is not and cannot legally be made 5 available to all other pupils enrolled in the district. 6 Section 306.4: Redrafts to eliminate vague language, 7 updates the punctuation, and moves qualifying language to 8 improve the clarity and readability of this provision relating 9 to jurisdiction and control over the roads and streets of the 10 state. 11 Sections 306.28, 306.32, 306.33, and 306.34: Adds the 12 words of supervisors after references to the board and 13 updates archaic language and style to improve the clarity and 14 readability of these provisions relating to the procedures 15 applicable to changes in the course of any road, stream, 16 watercourse, or dry run. 17 Section 306.36: Moves language, adds the words of 18 supervisors after a reference to the board, and updates 19 the use of a verb to improve the clarity and readability of 20 this provision relating to rescission of orders for damages as 21 finally determined on appeal. 22 Section 306A.3: Updates to correct an internal reference 23 within this provision relating to the utility accommodation 24 policy of the state department of transportation to reflect the 25 editorial numbering of the paragraphs in this Code section in 26 2018. 27 Section 309.18: Numbers unnumbered paragraphs and updates 28 language to clarify this provision relating to the compensation 29 and duties of county engineers. 30 Sections 309.36, 309.40, and 309.41: Adds the word county 31 before the word engineers to clarify these provisions that 32 articulate some of the county engineers duties with respect to 33 the secondary road construction program. 34 Section 321.1: Rewrites to add the word rubber between 35 -68- LSB 1829SC (13) 90 lh/ns 68/ 82
S.F. _____ the words solid and tire to reflect the language of this 1 definition and the fact that the term that is used within Code 2 chapter 321 is solid rubber tire, not solid tire. 3 Section 321.18: Replaces a reference to herein with 4 a reference to in this chapter, to clarify where the 5 definition of special mobile equipment may be found, in this 6 provision excepting special mobile equipment from the vehicle 7 registration requirements of Code chapter 321. 8 Section 321.28: Moves a qualifying phrase to the beginning 9 of this provision regarding the withholding of a vehicles 10 registration by a county treasurer if the owner fails to 11 register and pay the fees required for the registration of the 12 vehicle. 13 Section 321.29: Redrafts to improve the clarity and 14 readability of this provision requiring a new registration 15 for vehicles that have been removed from the state, and are 16 no longer subject to registration in the state, once those 17 vehicles are brought back into the state and are again subject 18 to registration. 19 Section 321.70: Changes the word registered to licensed 20 and changes a reference to Code chapter 321 to a reference to 21 Code chapter 322 to reflect, in this provision relating to 22 the vehicle registration requirements applicable to vehicle 23 dealers, that motor vehicle dealers are licensed under Code 24 chapter 322 and do not have registration requirements under 25 Code chapter 321. 26 Section 321.116: Strikes obsolete language relating to 27 annual registration fees for battery electric motor vehicles 28 that were required for calendar years 2020 and 2021. 29 Section 321.117: Strikes obsolete language relating to 30 annual registration fees for motorcycles that are battery 31 electric motor vehicles or plug-in hybrid electric motor 32 vehicles that were required for calendar years 2020 and 2021. 33 Section 321.166: Strikes, in language exempting certain 34 types of registration plates from a requirement that plates 35 -69- LSB 1829SC (13) 90 lh/ns 69/ 82
S.F. _____ issued by a county display the name of the county, a reference 1 to Code section 321.34, subsection 13, paragraph d, that used 2 to relate to special registration plates that were issued to 3 state agencies, but was stricken by 2016 Iowa Acts, chapter 4 1068, section 1. 5 Section 321.235: Divides a long sentence into two sentences 6 and moves qualifying language to the beginning of a sentence, 7 to clarify and improve the readability of this Code section 8 that requires, unless specifically otherwise provided, the 9 uniform application of the Code chapter governing motor 10 vehicles and the law of the road. 11 Section 321.236: Divides a long sentence into two 12 sentences, adds clarifying language, and moves a qualifying 13 phrase to improve the clarity and readability of this provision 14 that articulates the powers and authority of local authorities 15 to regulate motor vehicles and roads and highways under their 16 jurisdiction. 17 Section 327D.69: Replaces the internal reference 18 aforesaid with specific references to Code sections 327D.66 19 and 327D.67 to improve the clarity and readability of this 20 provision relating to the production and inspection of rate 21 schedules of common carriers by any person. 22 Section 327D.187: Changes an internal reference to herein 23 to in this section to clarify the effect of this provision 24 relating to contracts of insurance, relief, benefit, or 25 indemnity between injured parties and railways on settlements 26 for damages between the parties after injuries have been 27 sustained. 28 Section 328.1: Replaces an internal reference to herein 29 with a reference to in this section to improve the clarity of 30 this definitions Code section for the Code chapter governing 31 aeronautics. 32 Section 328.36: Strikes an obsolete provision relating to 33 where aircraft registration fees collected for the fiscal year 34 beginning July 1, 2007, and ending June 30, 2008, should be 35 -70- LSB 1829SC (13) 90 lh/ns 70/ 82
S.F. _____ deposited, in this provision regarding the deposit of various 1 moneys received by the state department of transportation into 2 the state aviation fund. 3 Section 329.1: Replaces an internal reference to herein 4 with a reference to in this section, to improve the clarity 5 of this definitions Code section for the Code chapter governing 6 airport zoning. 7 Section 331.389: Changes the word the to a in language 8 relating to mediation of disputes between counties and mental 9 health and disability services regions, to account for the fact 10 that more than one county may belong to a region. 11 Section 331.427: Strikes a reference to Code section 12 123.143, within a string of Code section references to Code 13 sections through which counties derive revenue, to account 14 for changes made to Code section 123.143, by 2022 Iowa Acts, 15 chapter 1099, section 69, to eliminate the flow of revenue 16 under that section to counties. 17 Section 335.10: Divides a long sentence into multiple 18 sentences, adds clarifying language, and updates other language 19 to improve the clarity and readability of this provision 20 relating to the appointment and duties of boards of adjustment 21 by county boards of supervisors. 22 Section 347.32: Adds a comma to set off a qualifying 23 clause and adds language that is currently implied, but not 24 specifically stated, in this provision relating to the property 25 tax status of county hospitals. 26 Section 357.7: Redrafts to update and improve the 27 readability and hypertext linkage of this Code section 28 pertaining to the procedure for the establishment of new 29 benefited water districts for which the proposed water source 30 for the district lies outside and not under the control of the 31 proposed district. 32 Section 357.9: Redrafts to improve the readability of this 33 provision relating to the compensation of the county engineer 34 involved in the formation of a proposed benefited water 35 -71- LSB 1829SC (13) 90 lh/ns 71/ 82
S.F. _____ district by updating the language and including an internal 1 reference for hypertext linkage to a related provision. 2 Section 357.11: Adds two citations to related Code sections 3 in this provision regarding a hearing by the county board 4 of supervisors on a tentative design and plat of a proposed 5 benefited water district. 6 Section 357.16: Replaces archaic language with more 7 specific language and related Code section citations to improve 8 the readability of this provision regarding a second election 9 on the proposed design and assessment for a benefited water 10 district. 11 Section 357.30: Divides a long sentence into two sentences, 12 moves language, and updates ambiguous terminology, to improve 13 the clarity and readability of this Code section regarding the 14 addition of territory to a benefited water district. 15 Section 357.34: Updates archaic language and style to 16 improve the readability and clarity of this Code section 17 governing the conveyance of a benefited water district to a 18 city. 19 Section 357B.4: Changes the word to to through in a 20 string citation to clarify that the last Code section listed 21 is intended to be included in this provision relating to the 22 procedures applicable to bonds issued by a board of trustees 23 of a benefited fire district in anticipation of collection of 24 taxes, to fund the provision of fire protection. 25 Section 358.16: Replaces the word herein with in this 26 section to clarify the applicability of this provision 27 relating to the powers of a board of trustees of a sanitary 28 district. 29 Section 388.3: Changes a reference to this section to 30 a reference to subsections 4 and 5 to reflect the scope 31 of the title and the balance of the contents of 2022 Iowa 32 Acts, chapter 1068, relating to removals of public utility 33 board members, and in which this subsection relating to the 34 applicability of the provisions was enacted. This change is 35 -72- LSB 1829SC (13) 90 lh/ns 72/ 82
S.F. _____ made effective upon enactment in division II of the bill. 1 Section 414.1: Conforms a prefatory expression of an 2 exception in this provision relating to replacements of 3 preexisting manufactured, modular, or mobile homes with other 4 manufactured, modular, or mobile homes, to similar language 5 used elsewhere in the Code. 6 Section 422.7: Adds a comma before the last item in a 7 series and redrafts by adding the word and comma However, to 8 language to clarify a description of how a presumption that 9 real property classified as agricultural property is used in 10 farming may be overcome. The word who is also stricken from 11 a qualifying clause, that relates back to the word taxpayer, 12 to improve the readability and usage of language describing how 13 the net income of certain retired farmers should be calculated. 14 Section 422.12C: Restores language from 2019 Iowa Acts, 15 chapter 152, that was inadvertently deleted when changes from 16 2018 Iowa Acts, chapter 1161, were applied in 2022. The 17 language, as amended, is made effective upon enactment and 18 retroactively applicable to January 1, 2023, in division II of 19 the bill. 20 Section 422.16: Strikes the redundant words as hereby 21 amended from language relating to the withholding of income of 22 nonresidents that is subject to taxation in Iowa. 23 Section 422.72: Corrects a reference to an Iowa rule of 24 criminal procedure in this provision relating to the provision 25 of state tax returns and return information by the director 26 of revenue in response to subpoenas issued in certain drug or 27 money laundering criminal investigations. 28 Section 423.3: Strikes the word retail that appears 29 before the words sales or use tax permit to conform this 30 language, exempting the sales price of certain building 31 materials, supplies, equipment, or services from imposition of 32 sales or use taxes, to similar language elsewhere in the Code 33 after the changes made by 2022 Iowa Acts, chapter 1138, were 34 implemented. 35 -73- LSB 1829SC (13) 90 lh/ns 73/ 82
S.F. _____ Section 423.4: Changes the words who has to and be 1 to conform to the related antecedent phrase The person must 2 be in this provision describing biodiesel producers who are 3 eligible to apply for a refund of the sales or use tax imposed 4 upon purchases made by that person. 5 Section 441.19: Moves language describing a condition 6 that does not relieve a taxpayer from the obligation to list 7 property for taxation to clarify this provision regarding the 8 listing and assessment of property by a county or city assessor 9 who is preparing the county or city assessment rolls. 10 Section 452A.84: Divides an existing sentence into two and 11 reinserts some of the language that was stricken by 2022 Iowa 12 Acts, chapter 1061, section 70, to clarify which funds should 13 be transferred to the marine fuel tax fund. 14 Section 455B.145: Changes the word them to political 15 subdivisions and adds a comma to set off a qualifying clause 16 to clarify this provision relating to the conditions under 17 which an air pollution control program that is conducted by a 18 political subdivision will be accepted by the director of the 19 department of natural resources. 20 Section 461A.35: Moves a qualifying phrase from the end 21 of the sentence to the beginning of the sentence and updates 22 the punctuation within a complex series to clarify this 23 provision that prohibits acts that remove, destroy, injure, or 24 deface property that is under the jurisdiction of the natural 25 resources commission in violation of the terms, conditions, 26 limitations, and restrictions set by the commission. 27 Section 461A.64: Adds a Code section citation and other 28 qualifying language to clarify this provision relating to 29 hearings on the establishment of water recreational areas. 30 Section 468.65: Replaces the words they find with the 31 board finds to improve the clarity and readability of this 32 provision relating to reclassifications of property that is 33 subject to assessment for payment of the expense of maintaining 34 and improving a drainage or levee district. 35 -74- LSB 1829SC (13) 90 lh/ns 74/ 82
S.F. _____ Section 468.102: Updates archaic language and adds a 1 citation to the Code section requiring the engineer in charge 2 of construction of levee or drainage district improvements to 3 report that the work is completed, to improve the clarity of 4 this Code section allowing persons interested in the district 5 to object and present evidence showing that the report should 6 not be accepted, and to present claims for damages. 7 Section 468.104: Replaces archaic language with more 8 specific language to improve the clarity and style of this 9 provision relating to the procedures to be followed if a 10 contractor abandons or fails to proceed properly with the work 11 on levee or drainage district improvements. 12 Section 468.275: Adds a Code section citation to clarify the 13 notice referenced, divides a long sentence into two sentences, 14 and updates archaic language to clarify this provision 15 describing the contents and manner of service required for a 16 notice regarding the establishment of an intercounty drainage 17 or levee district. 18 Section 468.321: Changes the word it to the property 19 of the district to clarify this provision relating to 20 the issuance of funding bonds to secure money to pay for 21 assessments against property that is within a drainage or levee 22 district. 23 Section 468.325: Updates archaic language to improve the 24 clarity and readability of this provision relating to the 25 responsibilities of a city with respect to a drainage district 26 over which the city has assumed control. 27 Section 478.17: Changes all to on to correct a 28 typographical error made in 2022 Iowa Acts, chapter 1021, 29 section 126, when the word thereon was updated in this 30 provision relating to access to electric transmission lines. 31 Section 481A.1: Adds the word or before the last item to 32 complete and clarify this series describing what is meant by 33 the terms take, taking, attempting to take, or hunt for 34 purposes of the Code chapter relating to wildlife conservation. 35 -75- LSB 1829SC (13) 90 lh/ns 75/ 82
S.F. _____ Section 481A.26: Moves language and redrafts to clarify 1 this provision prohibiting the transportation of wildlife in 2 numbers that are in excess of the number that a person is 3 allowed to possess. 4 Section 481A.89: Replaces a reference to above to in 5 section 481A.87, to clarify this provision relating to 6 applications for permits to hold hides or skins for an extended 7 period of time after the close of an open season. 8 Section 483A.7: Adds the missing word wild before the 9 word turkey in two places to conform the language of this 10 provision specifying the types of firearms that may be used 11 to the balance of this Code section relating to wild turkey 12 hunting licenses and tags. 13 Section 496C.21: Adds the word report between the terms 14 biennial and filing fee to be consistent with other 15 language in this Code section pertaining to the biennial report 16 of a domestic or foreign professional corporation, and to be 17 consistent with the fees specified in Code section 490.122 for 18 filings by professional corporations. 19 Section 514C.18: Removes a date reference, that relates 20 back to the 1999 enactment of this Code section relating to the 21 coverage of diabetes in policy or contracts for the third-party 22 payment of prepayment of health or medical expenses, to avoid 23 confusion regarding the applicability of later changes made to 24 this provision that have different effective dates. 25 Section 515.13: Divides a long sentence into two sentences 26 and updates archaic language and style to clarify this section 27 that limits the applicability of the Code chapter governing 28 insurance other than life if a company was organized or 29 licensed to issue policies prior to May 28, 1937. 30 Section 515.20: Divides this Code section governing 31 guaranty capital of mutual insurance companies into subsections 32 based upon content, and revises the language of the last 33 subsection to reflect the current style used to indicate a Code 34 section self-reference. 35 -76- LSB 1829SC (13) 90 lh/ns 76/ 82
S.F. _____ Section 515.134: Redrafts archaic language to clarify 1 this Code section relating to the effect of a failure by an 2 insurance company or association to attach any application or 3 representation that is made part of a policy to any policy that 4 is issued or renewed. 5 Section 515A.18: Redrafts archaic language to clarify this 6 provision relating to the procedure for requests for hearing 7 on orders of the commissioner that have been directed to a 8 person, insurer, or rating organization under the Code chapter 9 governing workers compensation liability insurance rates. 10 Section 516A.1: Removes a set of parentheses and adds 11 the word or in this provision relating to rejection by a 12 named insured of coverage under an automobile or motor vehicle 13 liability insurance policy to conform the language describing 14 the coverage to other language used to describe the same 15 coverage in this Code section. 16 Section 521A.2: Strikes a redundant reference to hereof 17 from an internal subsection reference in language describing 18 permissible investments by insurers in this Code section 19 prescribing the permissible businesses or activities in which 20 a domestic insurer may engage. 21 Section 521A.3: Replaces a reference to hereunder with 22 under this section to clarify this provision governing 23 statements regarding acquisition of control of domestic 24 insurers that must be filed with the commissioner of insurance 25 before any tender offer, request or invitation for tenders 26 of, or agreements to exchange securities for control over the 27 insurer can be made. 28 Section 521A.4: Replaces a reference to hereunder 29 with a reference to under subsection 1 of this section to 30 clarify this provision relating to the filing of consolidated 31 registration statements or reports by two or more affiliated 32 insurers who must register under the Code chapter governing 33 insurance holding company systems. 34 Section 521A.9: Replaces references to hereunder 35 -77- LSB 1829SC (13) 90 lh/ns 77/ 82
S.F. _____ with references to under this chapter, and a reference to 1 thereunder with a reference to Code section 521A.3, to 2 clarify this Code section relating to the procedures applicable 3 to violations of the Code chapter governing insurance holding 4 company systems and prohibitions regarding the voting of 5 certain restricted securities. 6 Section 523A.501: Replaces the word without with the 7 words unless the person has to improve the clarity and 8 readability of this provision requiring a person to have 9 a preneed sellers license before advertising, selling, 10 promoting, or offering to furnish cemetery merchandise, funeral 11 merchandise, funeral services, or a combination of merchandise 12 or services, if performance or delivery may be more than 120 13 days following initial payment on the account. 14 Section 524.228: Breaks a long sentence into three 15 sentences to improve the readability of this Code section 16 relating to emergency orders issued by the superintendent of 17 banking to prevent unsafe or unsound banking practices or acts. 18 Section 524.536: Changes the word shareholders to 19 shareholders to conform the language of this provision, 20 relating to payment of the expense associated with the 21 inspection by a requesting shareholder of the list of 22 shareholders entitled to vote at a meeting, to similar language 23 relating to inspection of shareholder lists in Code section 24 490.720. 25 Section 524.1301: Supplies the missing word fees to 26 clarify the meaning of language articulating the items that 27 must be filed with the secretary of state in order for a state 28 bank that has not issued shares nor commenced business to 29 dissolve. 30 Section 524.1404: Adds a comma after an initial prefatory 31 clause and redrafts language relating to the issuance and 32 sending of a certificate of merger by the secretary of state 33 to streamline the language relating to what a resulting state 34 bank receives. 35 -78- LSB 1829SC (13) 90 lh/ns 78/ 82
S.F. _____ Section 524.1504: Replaces the word thereon with the 1 words on the amendment to clarify this provision describing 2 one of the items that must be included in articles of amendment 3 to a state banks articles of incorporation, once an amendment 4 has been adopted by the state banks shareholders. 5 Section 524.1611: Strikes the redundant words provisions 6 of in two places and replaces a reference to such subsection 7 with a reference to Code section 524.211, subsection 1, 8 to clarify this provision prohibiting certain practices by 9 employees of the division of banking of the department of 10 commerce. 11 Section 536.21: Divides a long sentence into two sentences 12 and replaces references to hereto and herewith with a 13 reference to with the requirements of this chapter to update 14 and clarify the extent of the authority of the superintendent 15 of banking to adopt rules relating to regulated loans. 16 Section 536.26: Replaces an internal reference to herein 17 with in this section to clarify the meaning of language 18 prohibiting a licensee from declining new or existing insurance 19 of a loan that meets the applicable standards, or preventing 20 any obligor from obtaining insurance coverage from other 21 sources. 22 Section 537.2307: Changes the word may to shall in 23 language containing a nondiscretionary prohibition against a 24 lender contracting for a security interest in real property 25 used by a consumer or the consumers dependents if the rate of 26 finance charge on the supervised loan exceeds 15 percent and 27 the amount financed is $2,000 or less. 28 Section 543B.35: Redrafts archaic language to improve the 29 clarity and readability of this provision relating to hearings 30 regarding revocation of licenses that are held before the real 31 estate commission. 32 Section 543B.44: Divides a long sentence into two sentences 33 and replaces internal references to hereof and herein 34 with a reference to the Code chapter to improve the clarity 35 -79- LSB 1829SC (13) 90 lh/ns 79/ 82
S.F. _____ and readability of this provision relating to referral of 1 complaints of misconduct by the real estate commission to a 2 court, the enforcement of the Code chapter regulating real 3 estate brokers and salespersons by the commission, and the 4 collection of penalties levied by the commission for statutory 5 violations. 6 Section 558.7: Moves to the beginning of this Code section 7 language that currently appears at the end of subsection 8 4, but relates to rest of the conditions contained in the 9 remainder of this Code section describing when an assignment 10 of a certificate of entry has the same effect as a deed of 11 conveyance, to improve the clarity and readability of the 12 language. 13 Section 562B.26: Adds a comma before the last item in 14 a series and divides a long sentence into two sentences to 15 improve the clarity and readability of this provision relating 16 to the procedures that may be followed by a landlord if there 17 is a noncompliance by a tenant that materially affects health 18 and safety which can be remedied. 19 Section 633.220: Updates the language and style of this 20 provision relating to the determination of inheritance by 21 afterborn heirs to improve the Code sections readability and 22 conform the style to similar language found in Code section 23 633.220A. 24 Section 633.496: Divides a long sentence into two sentences 25 and updates archaic language and style to improve the clarity 26 and readability of this provision relating to foreign probated 27 wills. 28 Section 639.48: Replaces the word same with the word 29 property in two places and adds the verb is and the 30 indefinite article an to update the style and improve the 31 clarity of this provision relating to examination of perishable 32 property that is the subject of a petition for attachment in a 33 civil action. 34 Section 659A.3: Moves the phrase without the depicted 35 -80- LSB 1829SC (13) 90 lh/ns 80/ 82
S.F. _____ individuals consent to immediately follow language relating 1 to the unauthorized disclosure of an image to improve the 2 readability of this provision describing when the unauthorized 3 disclosure of an intimate image will give rise to a cause of 4 action for the person depicted. 5 Section 664A.7: Strikes a comma and adds the words or 6 for to clarify language relating to the types of offenses 7 that are included in the public offense of violations of a 8 no-contact order in this provision relating to enforcement of 9 no-contact orders and protective orders that are issued as part 10 of proceedings concerning the commission of certain assaults. 11 Section 692A.128: Strikes two subparagraphs and then 12 reinserts the same language as new paragraphs to change the 13 hierarchical levels of two provisions that set conditions 14 that are separate from the condition regarding whether a sex 15 offender is incarcerated, to clarify the standards governing 16 when an application for modification of a sex offenders 17 registration requirements may be granted. 18 Section 708.2D: Adds the words offense of before the words 19 older individual assault to make the style of this provision 20 relating to the penalties applicable to a second commission 21 of older individual assault consistent with the style used in 22 other provisions in this Code section regarding subsequent 23 offenses. 24 Section 714I.3: Adds the words used or to conform the 25 language of the back half of a sentence to the language used at 26 the beginning of the sentence, in this provision prohibiting 27 persons from providing false information or treatment as part 28 of an assisted reproductive procedure or treatment. 29 Section 726.24: Changes the word or to of to correct the 30 grammar of a series regarding modification of no-contact orders 31 issued in proceedings related to elder abuse. 32 Section 815.7: Adds the words through June 30, 2022, 33 to conform to the style used elsewhere in this Code section 34 establishing the rate of compensation for attorneys appointed 35 -81- LSB 1829SC (13) 90 lh/ns 81/ 82
S.F. _____ to represent indigents and to account for the addition of a 1 subsection establishing a new rate of compensation effective 2 July 1, 2022, by 2022 Iowa Acts, chapter 1146, section 21. 3 2022 Iowa Acts, chapter 1050, section 1: Corrects an 4 incorrect Acts section lead-in to clarify that only the first 5 unnumbered paragraph of Code section 511.8, subsection 22, 6 paragraph b, was intended to be amended by the Act. The 7 change is made effective upon enactment and retroactively 8 applicable to July 1, 2022, in division II of the bill. 9 2022 Iowa Acts, chapter 1099, section 106: Corrects the 10 applicability date provision that applied to a division of this 11 multi-division 2022 Act. The change is made effective upon 12 enactment and retroactively applicable to July 1, 2022, in 13 division II of the bill. 14 2022 Iowa Acts, chapter 1131, section 78: Corrects the 15 applicability date provision that applied to a division of this 16 multi-division 2022 Act. The change is made effective upon 17 enactment and retroactively applicable to June 14, 2022, in 18 division II of the bill. 19 Division II. This division contains immediate effective 20 date and retroactive applicability provisions that apply to the 21 specified provisions of the bill. 22 -82- LSB 1829SC (13) 90 lh/ns 82/ 82