Bill Text: IA SF333 | 2019-2020 | 88th General Assembly | Enrolled


Bill Title: A bill for an act relating to nonsubstantive Code corrections. (Formerly SSB 1140.) Effective 7-1-19.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2019-04-15 - Signed by Governor. S.J. 949. [SF333 Detail]

Download: Iowa-2019-SF333-Enrolled.html
Senate File 333 - Enrolled Senate File 333 AN ACT RELATING TO NONSUBSTANTIVE CODE CORRECTIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I MISCELLANEOUS CHANGES Section 1. Section 6B.61, Code 2019, is amended to read as follows: 6B.61 Approval of local elected officials required. 1. Notwithstanding any provision of law to the contrary, any entity created by or on behalf of one or more political subdivisions and granted, by statute, eminent domain authority to acquire property shall not exercise such authority outside the jurisdictional limits of the political subdivisions participating in the entity at the time of such exercise of authority without first presenting the proposal to acquire such property by eminent domain to the board of supervisors of each county where the property is located and such proposal
Senate File 333, p. 2 receives the approval, by resolution, of each applicable board of supervisors. 2. a. However, this This section does not apply to an entity created by or on behalf of one or more political subdivisions if the entity is authorized by statute to act as a political subdivision and if this section would limit the ability of the entity to comply with requirements or limitations imposed by the Internal Revenue Code to preserve the tax exemption of interest payable on bonds or obligations of the entity acting as a political subdivision. b. This section does not apply to a person issued a certificate of public convenience, use, and necessity under chapter 476A . c. This section does not apply to property condemned by or on behalf of a multistate entity created to provide drinking water that has received or is receiving federal funds, but only if such property is to be acquired for water transmission and service lines, pump stations, water storage tanks, meter houses and vaults, related appurtenances, or supporting utilities. Sec. 2. Section 9C.1, subsection 1, Code 2019, is amended to read as follows: 1. As used in this chapter , the term “transient merchant” shall mean and include every merchant, whether an individual person, a firm, corporation, partnership , or association, and whether owner, agent, bailee, consignee , or employee, who shall bring or cause to be brought within the state of Iowa any goods, wares , or merchandise of any kind, nature , or description, with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares , or merchandise within the state of Iowa. The term “transient merchant” shall also mean and include every merchant, whether an individual person, a firm, corporation, partnership , or an association, who shall by itself, or by agent, consignee , or employee temporarily or intermittently engage in or conduct at one or more locations a business within the state of Iowa for the sale at retail of any goods, wares , or merchandise of any nature or description. Sec. 3. Section 9C.3, unnumbered paragraph 1, Code 2019, is
Senate File 333, p. 3 amended to read as follows: Any transient merchant desiring a transient merchant’s license shall at least ten days prior to the first day any sale is made, file with the secretary of state of the state of Iowa an application in writing duly verified by the person, firm, corporation, partnership , or association proposing to sell or offer to sell at retail any goods, wares , or merchandise, or to engage in or conduct a temporary or intermittent business for the sale at retail of any goods, wares , or merchandise. The application shall state the following facts: Sec. 4. Section 9C.3, subsections 1, 2, 6, and 7, Code 2019, are amended to read as follows: 1. The name, residence , and post office address of the person, firm, corporation, partnership , or association making the application, and if a corporation, the names and addresses of the officers thereof, and if a firm, partnership , or association and not a corporation, the names and addresses of all members thereof. 2. If the application be made by an agent, bailee, consignee , or employee, the application shall so state and set out the name and address of such agent, bailee, consignee , or employee and shall also set out the name and address of the owner of the goods, wares , and merchandise to be sold or offered for sale. 6. The date or dates upon which said goods, wares , or merchandise shall be sold or offered for sale, or the date or dates upon which it is the intention of the applicant to engage in or conduct a temporary or intermittent business. 7. The location and address where such goods, wares , or merchandise shall be sold or offered for sale, or such business engaged in or conducted. Sec. 5. Section 12C.1, subsection 1, Code 2019, is amended to read as follows: 1. a. All funds held by the following officers or institutions shall be deposited in one or more depositories first approved by the appropriate governing body as indicated: for (1) For the treasurer of state, by the executive council ; for .
Senate File 333, p. 4 (2) For judicial officers and court employees, by the supreme court ; for . (3) For the county treasurer, recorder, auditor, and sheriff, by the board of supervisors ; for . (4) For the city treasurer or other designated financial officer of a city, by the city council ; for . (5) For the county public hospital or merged area hospital, by the board of hospital trustees ; for . (6) For a memorial hospital, by the memorial hospital commission ; for . (7) For a school corporation, by the board of school directors ; for . (8) For a city utility or combined utility system established under chapter 388 , by the utility board ; and for . (9) For an electric power agency as defined in section 28F.2 or 390.9 , by the governing body of the electric power agency. b. However, the treasurer of state and the treasurer of each political subdivision or the designated financial officer of a city shall invest all funds not needed for current operating expenses in time certificates of deposit in approved depositories pursuant to this chapter or in investments permitted by section 12B.10 . The list of public depositories and the amounts severally deposited in the depositories are matters of public record. c. This subsection does not limit the definition of “public funds” contained in subsection 2 . Notwithstanding provisions of this section to the contrary, public funds of a state government deferred compensation plan established by the executive council may also be invested in the investment products authorized under section 509A.12 . Sec. 6. Section 12C.10, Code 2019, is amended to read as follows: 12C.10 Investment of funds created by election. The governing council or board, who by law have has control of any fund created by direct vote of the people, may invest any portion of the fund not currently needed, in investments authorized in section 12B.10 . The treasurer of state may invest in any of the investments authorized for the Iowa public employees’ retirement system in section 97B.7A except that
Senate File 333, p. 5 investment in common stocks shall not be permitted. Interest or earnings on such funds shall be credited as provided in section 12C.7, subsection 2 . Sec. 7. Section 29A.42, Code 2019, is amended to read as follows: 29A.42 Trespass or interference with official acts. 1. Any person who shall trespass upon any military reservation, camp, or armory, in violation of the orders of the commander thereof, or officer charged with the responsibility therefor shall be guilty of trespass and shall be punished as provided in section 716.8 . 2. Any person who shall molest, or interfere with any member of the national guard, in the discharge of the member’s duty shall be guilty of interference with official acts which is under section 719.1, subsection 1 . The commanding officer of such force may order the arrest of such person and cause the person to be delivered to a peace officer or magistrate. Sec. 8. Section 48A.11, subsection 3, paragraph a, Code 2019, is amended to read as follows: a. The following questions and statement regarding eligibility shall be included on forms that may be used for registration by mail: [1] “Are Are you a citizen of the United States of America?” America? [2] “Will Will you be eighteen years of age on or before election day?” day? [3] “If If you checked ‘no’ “no” in response to either of these questions, do not complete this form.” form. Sec. 9. Section 49.5, subsections 2 and 3, Code 2019, are amended to read as follows: 2. The council of a city where establishment of more than one precinct is necessary or deemed advisable shall, at the time required by law, divide the city into the number of election precincts as will best serve the convenience of the voters while promoting electoral efficiency. The precinct boundaries shall conform to section 49.3 and shall be described in an ordinance adopted by the council within the time required by section 49.7. 3. The precinct boundaries shall conform to section 49.3
Senate File 333, p. 6 and shall be described in an ordinance adopted by the council within the time required by section 49.7 . Before final adoption of any change in election precinct boundaries pursuant to this section or section 49.6 , the council shall permit the commissioner not less than seven and not more than ten days’ time to offer written comments to the council on the proposed reprecincting. If the commissioner recommends changes in the proposed reprecincting which the commissioner concludes could better serve the convenience of the voters or could promote electoral efficiency, including lowering election costs, the council shall, if no changes to the reprecincting are made, include reasons in the ordinance for not adopting the proposed changes of the commissioner. A public hearing shall be held before final adoption of the ordinance. Notice of the date, time, and place of the hearing shall be given as provided in chapter 21 . Sec. 10. Section 50.31, Code 2019, is amended to read as follows: 50.31 Abstracts for governor and lieutenant governor. 1. The envelope containing the abstracts of votes for governor and lieutenant governor shall be endorsed substantially as follows: “Abstract Abstract of votes for governor and lieutenant governor from .... county” county . 2. After being so endorsed said , the envelope shall be addressed , “To as follows: To the Speaker of the House of Representatives” Representatives . Sec. 11. Section 50.32, Code 2019, is amended to read as follows: 50.32 Endorsement on other envelope. The envelope for offices other than governor and lieutenant governor shall be endorsed substantially in the manner provided in section 50.31 , with changes necessary to indicate the particular offices, and shall be addressed , “To as follows: To the State Commissioner of Elections” Elections . Sec. 12. Section 66.28, Code 2019, is amended to read as follows: 66.28 Witness fees.
Senate File 333, p. 7 Said witnesses Witnesses , if in the employ of the state, shall not be entitled to any witness fees, but shall receive the mileage allowed witnesses in the district court. Other witnesses shall receive the fees and mileage allowed witnesses in district court. A sum sufficient to pay said the fees and mileage is hereby appropriated out of any unappropriated funds in the state treasury. Sec. 13. Section 88.3, subsection 6, Code 2019, is amended to read as follows: 6. “Federal law” means the Act of Congress approved December 29, 1970, 84 Stat. 1590, officially cited as the “Occupational Safety and Health Act of 1970 (29 1970”, codified at 29 U.S.C. §651 678)” 678 . Sec. 14. Section 88A.16, subsection 2, paragraph e, Code 2019, is amended to read as follows: e. A legend providing that, “State stating the following: State law requires riders to obey all warnings and directions for this amusement ride and behave in a manner that will not cause or contribute to the injury of themselves or others. Riders must report injuries prior to leaving the premises. Failure to comply is punishable by fine.” fine. Sec. 15. Section 96.3, subsection 4, Code 2019, is amended to read as follows: 4. Determination of benefits. a. With respect to benefit years beginning on or after July 1, 1983, an eligible individual’s weekly benefit amount for a week of total unemployment shall be an amount equal to the following fractions of the individual’s total wages in insured work paid during that quarter of the individual’s base period in which such total wages were highest ; the . The director shall determine annually a maximum weekly benefit amount equal to the following percentages, to vary with the number of dependents, of the statewide average weekly wage paid to employees in insured work which shall be effective the first day of the first full week in July: If the The weekly Subject to number of benefit amount the following dependents shall equal maximum is: the following percentage of
Senate File 333, p. 8 fraction of high the statewide quarter wages: average weekly wage: 0 1/23 53% 1 1/22 55% 2 1/21 57% 3 1/20 60% 4 or more 1/19 65% b. The maximum weekly benefit amount, if not a multiple of one dollar, shall be rounded to the lower multiple of one dollar. However, until such time as sixty-five percent of the statewide average weekly wage exceeds one hundred ninety dollars, the maximum weekly benefit amounts shall be determined using the statewide average weekly wage computed on the basis of wages reported for calendar year 1981. As used in this section , “dependent” means dependent as defined in section 422.12, subsection 1 , paragraph “a” , as if the individual claimant was a taxpayer, except that an individual claimant’s nonworking spouse shall be deemed to be a dependent under this section . “Nonworking spouse” means a spouse who does not earn more than one hundred twenty dollars in gross wages in one week. Sec. 16. Section 97A.5, subsection 1, Code 2019, is amended to read as follows: 1. Board of trustees. a. A board of trustees of the Iowa department of public safety peace officers’ retirement, accident, and disability system is created. The general responsibility for the proper operation of the system is vested in the board of trustees. b. The board of trustees is constituted as follows: (1) The commissioner of public safety, who is chairperson of the board ; the . (2) The treasurer of state ; an . (3) An actively engaged member of the system, to be chosen by secret ballot by the actively engaged members of the system ; a . (4) A retired member of the system, to be chosen by secret ballot by the retired members of the system ; and a . (5) A person appointed by the governor.
Senate File 333, p. 9 c. The person appointed by the governor shall be an executive of a domestic life insurance company, an executive of a state or national bank operating within the state of Iowa, or an executive in the financial services industry, and shall be subject to confirmation by the senate. d. The members of the system and the person appointed by the governor shall serve for a term of two years. Sec. 17. Section 124E.4, subsection 1, paragraph d, subparagraph (2), Code 2019, is amended to read as follows: (2) A copy of the patient’s valid photograph photo identification. Sec. 18. Section 124E.4, subsection 3, paragraph b, subparagraph (3), Code 2019, is amended to read as follows: (3) A copy of the primary caregiver’s valid photograph photo identification. Sec. 19. Section 229A.1, Code 2019, is amended to read as follows: 229A.1 Legislative findings. 1. The general assembly finds that a small but extremely dangerous group of sexually violent predators exists which is made up of persons who do not have a mental disease or defect that renders them appropriate for involuntary treatment pursuant to the treatment provisions for mentally ill persons under chapter 229 , since that chapter is intended to provide short-term treatment to persons with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment under chapter 229 , sexually violent predators generally have antisocial personality features that are unamenable to existing mental illness treatment modalities and that render them likely to engage in sexually violent behavior. 2. The general assembly finds that sexually violent predators’ likelihood of engaging in repeat acts of predatory sexual violence is high and that the existing involuntary commitment procedure under chapter 229 is inadequate to address the risk these sexually violent predators pose to society. 3. The general assembly further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, because the treatment needs of this population
Senate File 333, p. 10 are very long-term, and the treatment modalities for this population are very different from the traditional treatment modalities available in a prison setting or for persons appropriate for commitment under chapter 229 . 4. Therefore, the general assembly finds that a civil commitment procedure for the long-term care and treatment of the sexually violent predator is necessary. The procedures regarding sexually violent predators should reflect legitimate public safety concerns, while providing treatment services designed to benefit sexually violent predators who are civilly committed. The procedures should also reflect the need to protect the public, to respect the needs of the victims of sexually violent offenses, and to encourage full, meaningful participation of sexually violent predators in treatment programs. Sec. 20. Section 229A.8, subsection 5, paragraph i, Code 2019, is amended to read as follows: i. If at the time of the annual review the committed person is in a secure facility and not in the transitional release program, the state shall have the right to demand that both determinations in paragraph “e” , subparagraph (1), be submitted to the court or jury. Sec. 21. Section 230.17, Code 2019, is amended to read as follows: 230.17 Board may compromise lien. The board of supervisors of the person’s county of residence is hereby empowered to compromise any and all liabilities to the county , created by this chapter , when such compromise is deemed to be for in the best interests of the county. Sec. 22. Section 231.42, subsection 3, paragraph e, Code 2019, is amended to read as follows: e. Make noncomplaint-related non-complaint-related visits to long-term care facilities, assisted living programs, and elder group homes to observe daily routines, meals, and activities, and work to resolve complaints if any are identified during these visits. Sec. 23. Section 232.8, subsection 2, paragraph a, Code 2019, is amended to read as follows: a. A case involving a person charged in a court other than
Senate File 333, p. 11 the juvenile court with the commission of a public offense not exempted by law from the jurisdiction of the juvenile court and who is within the provisions of subsection 1 of this section shall immediately be transferred to the juvenile court. The transferring court shall order a transfer and shall forward the transfer order together with all papers, documents , and a transcript of all testimony filed or admitted into evidence in connection with the case to the clerk of the juvenile court. The jurisdiction of the juvenile court shall attach immediately upon the signing of an order of transfer. From the time of transfer, the custody, shelter care , and detention of the person alleged to have committed a delinquent act shall be in accordance with the provisions of this chapter and the case shall be processed in accordance with the provisions of this chapter . Sec. 24. Section 232.36, subsection 1, Code 2019, is amended to read as follows: 1. The petition and subsequent court documents shall be entitled “In as follows: In the interests of ..... , a child” child . Sec. 25. Section 232.125, subsection 3, Code 2019, is amended to read as follows: 3. The petition and subsequent court documents shall be entitled “In as follows: In re the family of ...... . Sec. 26. Section 232.178, subsection 2, Code 2019, is amended to read as follows: 2. The petition and subsequent court documents shall be entitled “In as follows: In the interests of ..... , a child” child . Sec. 27. Section 235D.1, Code 2019, is amended to read as follows: 235D.1 Criminal history check —— applicants at domestic abuse or sexual assault centers. An applicant for employment at a domestic abuse or sexual assault center shall be subject to a national criminal history check through the federal bureau of investigation. The domestic abuse or sexual assault center shall request the criminal history check and shall provide the applicant’s
Senate File 333, p. 12 fingerprints to the department of public safety for submission through the state criminal history repository to the federal bureau of investigation. The applicant shall authorize release of the results of the criminal history check to the domestic abuse or sexual assault center. The applicant shall pay the actual cost of the fingerprinting and criminal history check, if any. Unless the criminal history check was completed within the ninety calendar days prior to the date the application is received by the domestic abuse or sexual assault center, the center shall reject and return the application to the applicant. The results of a criminal history check conducted pursuant to this subsection section shall not be considered a public record under chapter 22 . For purposes of this section , “domestic abuse or sexual assault center” means a crime victim center as defined in section 915.20A . Sec. 28. Section 237A.30, subsection 2, Code 2019, is amended to read as follows: 2. The criteria utilized for the rating system may include but are not limited to any of the following: facility type; provider a. Facility type. b. Provider staff experience, education, training, and credentials ; facility . c. Facility director education and training ; an . d. An environmental rating score or other direct assessment environmental methodology ; national . e. National accreditation ; facility . f. Facility history of compliance with law and rules ; child-to-staff ratio; curriculum . g. Child-to-staff ratio. h. Curriculum , including the extent to which the curriculum focuses on the stages of child development and on child outcomes ; business practices; staff . i. Business practices. j. Staff retention rates ; evaluation . k. Evaluation of staff members and program practices ; staff . l. Staff compensation and benefit practices ; provider . m. Provider and staff membership in professional early childhood organizations ; and parental .
Senate File 333, p. 13 n. Parental involvement with the facility. Sec. 29. Section 252E.1, subsection 8, Code 2019, is amended to read as follows: 8. “Health benefit plan” means any policy or contract of insurance, indemnity, subscription , or membership issued by an insurer, health service corporation, health maintenance organization, or any similar corporation or organization, any public coverage, or any self-insured employee benefit plan, for the purpose of covering medical expenses. These expenses may include but are not limited to hospital, surgical, major medical insurance, dental, optical, prescription drugs, office visits, or any combination of these or any other comparable health care expenses. Sec. 30. Section 256.46, Code 2019, is amended to read as follows: 256.46 Rules for participation in extracurricular activities by certain children. 1. The state board shall adopt rules that permit a child who does not meet the residence requirements for participation in extracurricular interscholastic contests or competitions sponsored or administered by an organization as defined in section 280.13 to participate in the contests or competitions immediately if the child is duly enrolled in a school, is otherwise eligible to participate, and meets one of the following circumstances or a similar circumstance: the a. The child has been adopted ; the . b. The child is placed under foster or shelter care ; the . c. The child is living with one of the child’s parents as a result of divorce, separation, death, or other change in the child’s parents’ marital relationship, or pursuant to other court-ordered decree or order of custody ; the . d. The child is a foreign exchange student, unless undue influence was exerted to place the child for primarily athletic purposes ; the . e. The child has been placed in a juvenile correctional facility ; the . f. The child is a ward of the court or the state ; the . g. The child is a participant in a substance abuse or mental health program ; or the .
Senate File 333, p. 14 h. The child is enrolled in an accredited nonpublic high school because the child’s district of residence has entered into a whole grade sharing agreement for the pupil’s grade with another district. 2. The rules shall permit a child who is otherwise eligible to participate, but who does not meet one of the foregoing or similar circumstances relating to residence requirements, to participate at any level of competition other than the varsity level. 3. For purposes of this section and section 282.18 , “varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district. Sec. 31. Section 261.36, subsections 3, 6, and 7, Code 2019, are amended to read as follows: 3. Make and execute agreements, contracts , and other instruments with any public or private person or agency including the United States secretary of education. 6. Approve financial or credit institutions, insurance companies , or other lenders as eligible lenders upon their meeting the standards established by the commission for making guaranteed loans. 7. Accept appropriations, gifts, grants, loans , or other aid from public or private persons or agencies including the United States secretary of education. Sec. 32. Section 261.86, subsection 1, paragraph f, Code 2019, is amended to read as follows: f. Completes and submits application forms required by the commission, including the free application for federal student aid , and applies for all nonrepayable state and federal financial aid for which the member is eligible. Sec. 33. Section 261A.44, Code 2019, is amended to read as follows: 261A.44 Obligations secured by trust agreement. 1. Obligations issued under this subchapter may be secured by a trust agreement by and between the authority and an incorporated trustee, which may be a trust company or bank having the powers of a trust company within or without the state. The trust agreement or the resolution providing for the
Senate File 333, p. 15 issuance of the obligations may pledge or assign the revenue to be received or proceeds of any contract pledged and may convey or mortgage the project or any portion of the project. 2. A pledge or assignment made by the authority pursuant to this section is valid and binding from the time that the pledge or assignment is made, and the revenue pledged and thereafter received by the authority is immediately subject to the lien of the pledge or assignment without physical delivery or any further act. The lien of the pledge or assignment is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether the parties have notice of the lien. 3. The resolution or trust agreement by which a pledge is created or an assignment made shall be filed or recorded in the records of the authority, with the secretary of state, and in each county in which the project is located. 4. The trust agreement or resolution providing for the issuance of the obligations may contain provisions for protecting and enforcing the rights and remedies of the obligation holders as are reasonable and proper, not in violation of law, or provided for in this subchapter . A bank or trust company incorporated under the laws of this state which acts as depository of proceeds of the obligations, revenue, or other money shall furnish the indemnifying obligations or pledge the securities as required by the authority. The trust agreement may set forth the rights and remedies of the obligation holders and of the trustee, and may restrict the individual right of action by obligation holders. The trust agreement or resolution may contain other provisions the authority deems reasonable and proper for the security of the obligation holders. 5. Expense incurred in carrying out the trust agreement or resolution may be treated as a part of the cost of the operation of a project. Sec. 34. Section 262.9, subsection 10, Code 2019, is amended to read as follows: 10. Direct the expenditure of all appropriations made to said institutions, and of any other moneys belonging thereto, but in no event shall the perpetual funds of the Iowa state
Senate File 333, p. 16 university of science and technology, nor the permanent funds of the state university of Iowa derived under Acts of Congress, be diminished. Sec. 35. Section 262.34, subsection 1, Code 2019, is amended to read as follows: 1. When the estimated cost of construction, repairs, or improvement of buildings or grounds under charge of the state board of regents, including construction, renovation, or repairs by a private party of a property to be lease-purchased by the board , exceeds one hundred thousand dollars, the board shall advertise for bids for the contemplated improvement or construction and shall let the work to the lowest responsible bidder. However, if in the judgment of the board bids received are not acceptable, the board may reject all bids and proceed with the construction, repair, or improvement by a method as the board may determine. All plans and specifications for repairs or construction, together with bids on the plans or specifications, shall be filed by the board and be open for public inspection. All bids submitted under this section shall be accompanied by a deposit of money, a certified check, or a credit union certified share draft in an amount as the board may prescribe. Sec. 36. Section 272.2, subsection 12, Code 2019, is amended to read as follows: 12. Establish Adopt , under chapter 17A , rules necessary to carry out board duties, and establish a budget request. Sec. 37. Section 279.16, subsection 3, Code 2019, is amended to read as follows: 3. The board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, but it shall hold the hearing in such manner as is best suited to ascertain and conserve the substantial rights of the parties. Process and procedure under sections 279.13 through 279.15, this section, and sections 279.18 and 279.19 shall be as summary as reasonably may be. Sec. 38. Section 282.10, subsection 4, Code 2019, is amended to read as follows: 4. A whole grade sharing agreement shall be signed by the boards of the districts involved in the agreement not later
Senate File 333, p. 17 than February 1 of the school year preceding the school year for which the agreement is to take effect. The boards of the districts shall negotiate as part of the new or existing agreement the disposition of funding provided under chapter 284 , including the following: The teacher leadership supplement state cost per pupil as provided in section 257.9 , unless all of the districts subject to the agreement are receiving such funding. Sec. 39. Section 303.63, Code 2019, is amended to read as follows: 303.63 Trial to court. 1. If upon the hearing, which shall be tried de novo, it appears to the court that testimony is necessary for the proper disposition of the matter, it the court may take evidence or appoint a referee to take evidence as it directs and report the evidence to the court with findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. 2. Costs shall not be allowed against the board unless it appears to the court that it the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. Sec. 40. Section 307.1, subsection 3, Code 2019, is amended to read as follows: 3. “Commission” means the state transportation commission established in section 307A.1A . Sec. 41. Section 309.97, Code 2019, is amended to read as follows: 309.97 Construction of law. Nothing in sections 309.93 to 309.96 this subchapter shall contravene or affect the provisions of chapter 24 . Sec. 42. Section 314.22, subsection 1, paragraph e, Code 2019, is amended to read as follows: e. Incorporate integrated management practices for the long-term control of damaging insect populations, weeds, and invader invasive plant species. Sec. 43. Section 314.23, subsection 4, Code 2019, is amended
Senate File 333, p. 18 to read as follows: 4. Prime agricultural lands. Topsoil removed may be utilized for landscaping and other necessary construction. Excess topsoil shall be made available to the former landowner or other landowners whose land was purchased for the construction or others, and if not acquired by one of these parties, it may be disposed of . Sec. 44. Section 321.423, subsection 6, Code 2019, is amended to read as follows: 6. Amber flashing light. A farm tractor, farm tractor with towed equipment, self-propelled implement of husbandry, road construction or maintenance vehicle, road grader, or other vehicle principally designed for use off the highway which, when operated on a primary or secondary road, is operated at a speed of thirty-five miles an per hour or less, shall be equipped with and display an amber flashing light visible from the rear at any time from sunset to sunrise. If the amber flashing light is obstructed by the towed equipment, the towed equipment shall also be equipped with and display an amber flashing light as required under this subsection . All vehicles specified in this subsection which are manufactured for sale or sold in this state shall be equipped with an amber flashing light in accordance with the standards of the American society of agricultural engineers. Sec. 45. Section 321.431, subsection 1, unnumbered paragraph 1, Code 2019, is amended to read as follows: The service brakes upon any motor vehicle or combination of motor vehicles, when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent, when traveling twenty miles an per hour shall be adequate: Sec. 46. Section 325A.3A, Code 2019, is amended to read as follows: 325A.3A Hearings. A person whose application for a permit or certificate under this chapter has been denied, or whose permit or certificate has been suspended, may contest the decision under chapter 17A and in accordance with rules adopted by the department. The request for a hearing shall be submitted in writing to the
Senate File 333, p. 19 department’s office of vehicle and motor carrier services. Sec. 47. Section 358.1B, subsection 2, Code 2019, is amended to read as follows: 2. For the purpose of establishing, operating, or dissolving a combined water and sanitary district under chapter 357 and this chapter , the term “sanitary district” includes a combined water and sanitary district where applicable. Sec. 48. Section 386.7, subsection 6, Code 2019, is amended to read as follows: 6. A city may issue revenue bonds payable from the income and receipts derived from the self-liquidated improvement. Chapter 384, subchapter V applies to revenue bonds for self-liquidating improvements and the term “city enterprise” as used in that chapter 384, subchapter V, shall be deemed to include self-liquidating improvements authorized by this chapter . Sec. 49. Section 421B.5, Code 2019, is amended to read as follows: 421B.5 Sales by a wholesaler to a wholesaler. When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in the selling price to the latter, the cost to the wholesaler, as defined by section 421B.2 , but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of the said section 421B.2 . Sec. 50. Section 422.32, subsection 2, Code 2019, is amended to read as follows: 2. The words, terms, and phrases defined in section 422.4, subsections 4 through , 5, 6, 8, 9, 13, and 15 through , 16, and 17 , when used in this division , shall have the meanings ascribed to them in said section 422.4, except where the context clearly indicates a different meaning. Sec. 51. Section 425.17, subsection 2, paragraph a, subparagraph (2), Code 2019, is amended to read as follows: (2) A person filing a claim for credit or reimbursement under this subchapter who has attained the age of twenty-three years on or before December 31 of the base year or was a head of household on December 31 of the base year, as defined in the Internal Revenue Code, but has not attained the age or
Senate File 333, p. 20 disability status described in this paragraph “a” , subparagraph (1), and is domiciled in this state at the time the claim is filed or at the time of the person’s death in the case of a claim filed by the executor or administrator of the claimant’s estate, and was not claimed as a dependent on any other person’s tax return for the base year. Sec. 52. Section 427.13, Code 2019, is amended to read as follows: 427.13 What taxable. All other real property is subject to taxation in the manner prescribed, and this section is also intended to embrace ferry franchises and toll bridges, which, for the purpose of this chapter are considered real property. However, this section is subject to section 427.1. However, this section is subject to section 427.1 . Sec. 53. Section 448.1, Code 2019, is amended to read as follows: 448.1 Return of certificate of purchase —— execution of deed —— fees. 1. Immediately after the expiration of ninety days from the date of completed service of the notice provided in section 447.12 , the county treasurer shall make out a deed for each parcel sold and unredeemed upon the return of the certificate of purchase and payment of the appropriate deed and recording fees by the purchaser. The treasurer shall record the deed with the county recorder prior to delivering the deed to the purchaser. The treasurer shall receive twenty-five dollars for each deed made by the treasurer, and the treasurer may include any number of parcels purchased by one person in one deed, if authorized by the treasurer. 2. The tax sale certificate holder shall return the certificate of purchase and remit the appropriate deed issuance fee and recording fee to the county treasurer within ninety calendar days after the redemption period expires. The treasurer shall cancel the certificate for any tax sale certificate holder who fails to comply with this paragraph subsection . This paragraph subsection does not apply to certificates held by a county. This paragraph subsection is applicable to all certificates of purchase issued before, on,
Senate File 333, p. 21 or after July 1, 1997. Holders of certificates of purchase that are outstanding on July 1, 1997, shall return the certificate of purchase and remit the appropriate deed issuance fee to the county treasurer within ninety calendar days from that date. Sec. 54. Section 450.32, Code 2019, is amended to read as follows: 450.32 Hearing —— order. If upon the hearing the court finds the amount at which the real property is appraised is its the property’s value on the market in the ordinary course of trade and the appraisement was fairly and in good faith made, it the court shall approve the appraisement. If the court finds that the appraisement was made at a greater or lesser sum than the value of the real property in the ordinary course of trade, or that it the appraisement was not made fairly or in good faith made , it the court shall set aside the appraisement. Upon the appraisement being set aside, the court shall fix the value of the real property of the estate for inheritance tax purposes and the valuation fixed is that upon which the tax shall be paid, unless an appeal is taken from the order of the court as provided for in this chapter . Sec. 55. Section 450.47, Code 2019, is amended to read as follows: 450.47 Life and term estates in personal property. If an estate or interest for life or term of years in personal property is given to one or more persons other than those exempt by this chapter and the remainder or deferred estate to others, the property devised or conveyed shall be valued under section 450.37 as provided in ordinary estates and the value of the estates or interests devised or conveyed shall be determined as provided in section 450.51 , and the . The tax upon the estates or interests liable for the tax shall be paid to the department of revenue from the property valued or by the persons entitled to the estate or interest on or before the last day of the ninth month after the death of the testator, grantor, or donor. However, payment of the tax upon a deferred estate or remainder interest may be deferred until the determination of the prior estate as provided in section
Senate File 333, p. 22 450.48 . Sec. 56. Section 453A.44, subsection 7, Code 2019, is amended to read as follows: 7. The director, upon receipt of the application (and , and bond , in the case of the distributor) distributor, in proper form, and payment of the license fee required by subsection 4 or subsection 5 , shall unless otherwise provided by this subchapter , issue the applicant a license in form as prescribed by the director, which license shall permit the applicant to whom it is issued to engage in business as a distributor or subjobber at the place of business shown in the application. The director shall assign a permit number to each person licensed as a distributor at the time of issuance of the person’s first license, which shall be inscribed upon all licenses issued to that distributor. Sec. 57. Section 453A.45, subsection 5, paragraph c, Code 2019, is amended to read as follows: c. Common carriers transporting tobacco products into this state shall file with the director reports of all such shipments other than those which are delivered to public warehouses of first destination in this state which are licensed under the provisions of chapter 554 . Such reports shall be filed on or before the tenth day of each month and shall show with respect to deliveries made in the preceding month ; all of the following: (1) The date , . (2) The point of origin , . (3) The point of delivery , . (4) The name of the consignee , . (5) A description and the quantity of tobacco products delivered , and such . (6) Such other information as the director may otherwise require. Sec. 58. Section 455A.14, subsection 2, Code 2019, is amended to read as follows: 2. The fees established by the department pursuant to this section shall be in such amounts as may be determined by the department to be reasonably competitive with fees established in other public parks or recreation areas that provide the same
Senate File 333, p. 23 or similar privileges and are located within sixty miles of the perimeter of the state park or recreation area for which the department is establishing fees. Such fees may be increased, reduced, or waived by the department on a statewide basis or on the basis of an individual state park or recreation area for special promotional events or efforts or on the basis of special seasonal or holiday rates , on a statewide basis or on the basis of an individual state park or recreation area . Sec. 59. Section 455B.338, Code 2019, is amended to read as follows: 455B.338 Judicial review. Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . Notwithstanding the terms of said Act chapter 17A , a petition for judicial review may be filed in the district court of the county in which the alleged violation was committed or in which a final order was entered. Sec. 60. Section 455B.339, Code 2019, is amended to read as follows: 455B.339 Injunction. Whenever, in the judgment of the director, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this part 2 of division IV or any rule or order promulgated under said this part 2 , the director may request the attorney general to make application in the name of the state to the district court of the county in which such acts or practices may be performed, for an order enjoining such acts or practices notwithstanding the existence or pursuit of any other remedy, and the attorney general shall make such application. Sec. 61. Section 455B.340, Code 2019, is amended to read as follows: 455B.340 Penalty. Any person who violates any provisions of this part 2 of division IV or rules adopted under said this part 2 , or any order of the department or director issued pursuant to said part, shall be guilty of a serious misdemeanor and, in addition, the person may be enjoined from continuing such violation. Each day of continued violation after notice that
Senate File 333, p. 24 a violation is being committed shall constitute a separate violation. Sec. 62. Section 459.102, subsection 6, paragraphs l and m, Code 2019, are amended to read as follows: l. Fishes Fish weighing twenty-five grams or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.001 m. Fishes Fish weighing less than twenty-five grams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.00006 Sec. 63. Section 462A.3, Code 2019, is amended to read as follows: 462A.3 Powers and duties of commission. 1. The commission is hereby vested with the power and is charged with the duty of observing, administering and enforcing the provisions of this chapter . 2. The commission may adopt and enforce rules under chapter 17A as necessary to carry out this chapter and to protect private and public property and the health, safety, and welfare of the public. In adopting rules, the commission shall give consideration to the various uses to which they may be put by and for public and private purposes, the preservation of each body of water, its bed, waters, ice, banks, and public and private property attached thereto, and the need for uniformity of rules relating to the use, operation, and equipment of vessels and vehicles. Sec. 64. Section 465C.3, Code 2019, is amended to read as follows: 465C.3 Membership. 1. a. The board shall be composed of seven members, six of which shall be appointed by the governor. The director of the department shall also serve as a member of the board. b. The commission, the conservation committee of the Iowa academy of science, and the state historical society shall submit to the governor a list of possible appointments. Members shall be selected from persons with a demonstrated interest in the preservation of natural lands and waters, and historic sites. The director shall serve as one member of the board. Any vacancies on the board shall be filled, for the remainder of the term vacated, by appointment by the governor provided by this chapter .
Senate File 333, p. 25 2. Members shall serve until their successors are appointed and qualified. The director shall serve as long as the director is director. Any vacancies on the board shall be filled, for the remainder of the term vacated, by appointment by the governor provided by this chapter. As terms of members expire, their successors shall be appointed for terms to expire three years thereafter. Any member who has served two consecutive full terms will not be eligible for reappointment for a period of one year following the expiration of the member’s second term. Sec. 65. Section 474.2, Code 2019, is amended to read as follows: 474.2 Certain persons barred from office. No person in the employ of any common carrier or other public utility, or owning any bonds, stock , or property in any public utility shall be eligible to hold the office of utilities board member or chief operating officer of the utilities board ; and the . The entering into the employ of any common carrier or other public utility or the acquiring of any stock or other interest in any common carrier or other public utility by such member or chief operating officer after appointment shall disqualify the member or chief operating officer to hold the office or perform the duties thereof of the office . Sec. 66. Section 474.8, Code 2019, is amended to read as follows: 474.8 Office —— time employed —— expenses. The utilities board shall have an office at the seat of government and each . Each member shall devote the member’s whole time to the duties of the office, and the members, chief operating officer, and other employees shall receive their actual necessary traveling expenses while in the discharge of their official duties away from the general offices. Sec. 67. Section 479.4, subsection 1, Code 2019, is amended to read as follows: 1. The board is vested with power and authority and it shall be the board’s duty to supervise all pipelines and underground storage and pipeline companies and , shall from time to time , to inspect and examine the construction, maintenance, and condition of the pipelines and underground storage facilities.
Senate File 333, p. 26 Whenever the board shall determine that any pipeline and underground storage facilities or any apparatus, device, or equipment used in connection therewith is unsafe and dangerous, the board shall immediately in writing notify the pipeline company which is constructing or operating the pipeline and underground storage facilities, device, apparatus, or other equipment to repair or replace any defective or unsafe part or portion of the pipeline and underground storage facilities, device, apparatus, or equipment. Sec. 68. Section 479B.4, Code 2019, is amended to read as follows: 479B.4 Application for permit —— informational meeting —— notice. 1. A pipeline company doing business in this state shall file a verified petition with the board asking for a permit to construct, maintain, and operate a new pipeline along, over, or across the public or private highways, grounds, waters, and streams of any kind in this state. Any pipeline company now owning or operating a pipeline or underground storage facility in this state shall be issued a permit by the board upon supplying the information as provided for in section 479B.5, subsections 1 through 5 , and meeting the requirements of section 479B.13 . 2. A pipeline company doing business in this state and proposing to store hazardous liquid underground within this state shall file with the board a verified petition asking for a permit to construct, maintain, and operate facilities for the underground storage of hazardous liquid which includes the construction, placement, maintenance, and operation of machinery, appliances, fixtures, wells, pipelines, and stations necessary for the construction, maintenance, and operation of the underground storage facilities. 3. The pipeline company shall hold informational meetings in each county in which real property or property rights will be affected at least thirty days prior to filing the petition for a new pipeline. A member of the board, or a person designated by the board, shall serve as the presiding officer at each meeting and present an agenda for the meeting which shall include a summary of the legal rights of the affected
Senate File 333, p. 27 landowners. No formal record of the meeting shall be required. The meeting shall be held at a location reasonably accessible to all persons who may be affected by granting the permit. 4. The pipeline company seeking the permit for a new pipeline shall give notice of the informational meeting to each landowner affected by the proposed project and each person in possession of or residing on the property. For the purposes of the informational meeting, “landowner” means a person listed on the tax assessment rolls as responsible for the payment of real estate taxes imposed on the property and “pipeline” means a line transporting a hazardous liquid under pressure in excess of one hundred fifty pounds per square inch and extending a distance of not less than five miles or having a future anticipated extension of an overall distance of five miles. 5. a. The notice shall set forth the following: the (1) The name of the applicant , the . (2) The applicant’s principal place of business , the . (3) The general description and purpose of the proposed project , the . (4) The general nature of the right-of-way desired , a . (5) A map showing the route or location of the proposed project , that . (6) That the landowner has a right to be present at the meeting and to file objections with the board , and a . (7) A designation of the time and place of the meeting. b. The notice shall be served by certified mail with return receipt requested not less than thirty days previous to the time set for the meeting, and shall be published once in a newspaper of general circulation in the county. The publication shall be considered notice to landowners whose residence is not known and to each person in possession of or residing on the property provided a good faith effort to notify can be demonstrated by the pipeline company. 6. A pipeline company seeking rights under this chapter shall not negotiate or purchase an easement or other interest in land in a county known to be affected by the proposed project prior to the informational meeting. Sec. 69. Section 481A.4, Code 2019, is amended to read as follows:
Senate File 333, p. 28 481A.4 Fish hatcheries —— game farms. The commission may establish and control the state hatcheries and game farms, which shall be used for the purpose of stocking the waters of the state with fish and the natural covers with game birds to the extent of the means provided for that purpose; and for impartially and equitably distribute distributing all birds, eggs, and fry raised by or furnished to the state, or for it the state through other sources, in the streams, lakes, and natural covers of the state. Sec. 70. Section 481A.13, Code 2019, is amended to read as follows: 481A.13 Search warrants. 1. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing that any fish, mussels, clams, frogs, birds, furs, or animals caught, taken, killed, had in possession, under control, or shipped, contrary to the Code, or hidden or concealed in any place, shall issue a search warrant and cause a search to be made in any place therefor. 2. The property so seized under warrant shall be safely kept under the direction of the court so long as necessary for the purpose of being used as evidence in any trial , and if . If a trial results in a conviction , the property seized shall be confiscated by the director or the director’s officers. If the trial does not result in a conviction, the property shall be returned to the person pursuant to section 481A.13A unless the property is fish or wildlife that is illegal to possess, including fish or wildlife that was taken, possessed, or transported unlawfully. Sec. 71. Section 481A.36, subsection 2, Code 2019, is amended to read as follows: 2. Prosecutions for violations may be brought in the county in which any fish, fowl, bird, bird’s nest, eggs, or plumage, or animals protected by this chapter were unlawfully caught, taken, killed, trapped, ensnared, bought, sold, or shipped unlawfully, or in any county into or through which they were received, transported, or found in the possession of any person. Sec. 72. Section 489.1101, subsection 4, Code 2019, is
Senate File 333, p. 29 amended to read as follows: 4. “Profession” means the profession of certified following professions: a. Certified public accountancy , architecture, chiropractic, dentistry, physical . b. Architecture. c. Chiropractic. d. Dentistry. e. Physical therapy , practice . f. Practice as a physician assistant , psychology, professional . g. Psychology. h. Professional engineering , land . i. Land surveying , landscape . j. Landscape architecture , law, medicine . k. Law. l. Medicine and surgery , optometry, osteopathic . m. Optometry. n. Osteopathic medicine and surgery , accounting . o. Accounting practitioner , podiatry, real . p. Podiatry. q. Real estate brokerage , speech . r. Speech pathology , audiology, veterinary . s. Audiology. t. Veterinary medicine , pharmacy, nursing, marital . u. Pharmacy. v. Nursing. w. Marital and family therapy or mental health counseling, provided that the marital and family therapist or mental health counselor is licensed under chapters 147 and 154D , or social . x. Social work, provided that the social worker is licensed pursuant to chapter 147 and section 154C.3, subsection 1 , paragraph “c” . Sec. 73. Section 490.140, subsection 19, Code 2019, is amended to read as follows: 19. “Governmental subdivision” includes an authority, city, county, district, township, and other political subdivision. Sec. 74. Section 496C.2, subsections 4 and 5, Code 2019, are amended to read as follows:
Senate File 333, p. 30 4. “Profession” means the profession of certified following professions: a. Certified public accountancy , architecture, chiropractic, dentistry, physical . b. Architecture. c. Chiropractic. d. Dentistry. e. Physical therapy , practice . f. Practice as a physician assistant , psychology, marital . g. Psychology. h. Marital and family therapy or mental health counseling, provided that the marital and family therapist or mental health counselor is licensed under chapters 147 and 154D , social . i. Social work, provided that the social worker is licensed pursuant to chapter 147 and section 154C.3, subsection 1 , paragraph “c” , professional . j. Professional engineering , land . k. Land surveying , landscape . l. Landscape architecture , law, medicine . m. Law. n. Medicine and surgery , optometry, osteopathic . o. Optometry. p. Osteopathic medicine and surgery , accounting . q. Accounting practitioner , podiatry, real . r. Podiatry. s. Real estate brokerage , speech . t. Speech pathology , audiology, veterinary . u. Audiology. v. Veterinary medicine , pharmacy, and the . w. Pharmacy. x. The practice of nursing. 5. “Professional corporation” means a corporation subject to this Act chapter , except a foreign professional corporation. Sec. 75. Section 499.4, Code 2019, is amended to read as follows: 499.4 Use of term “cooperative” restricted. 1. A person including a corporation hereafter organized, which is not an association as defined in this chapter or a cooperative as defined in chapter 501 or 501A , shall not use
Senate File 333, p. 31 the word “cooperative” or any abbreviation thereof in its name or advertising or in any connection with its business, except foreign associations admitted under section 499.54 . The attorney general or any association or any member thereof may sue and enjoin such use. 2. This chapter does not control the use of fictitious names ; however . However , if a cooperative association or a foreign cooperative association uses a fictitious name in this state, it the cooperative association or foreign cooperative association shall deliver to the secretary of state for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name. Sec. 76. Section 507B.12, subsection 2, Code 2019, is amended to read as follows: 2. The powers vested in the commissioner by this chapter shall be additional to any other powers to enforce any penalties, fines , or forfeitures authorized by law with respect to the methods, acts , and practices hereby declared to be unfair or deceptive. Sec. 77. Section 508.18, Code 2019, is amended to read as follows: 508.18 Decree. The court, on the final hearing, may make the decree subject to the provisions of section 508.19 as to the appointment of a receiver, the disposition of the deposits of the company in the hands of the commissioner, and its dissolution, if a domestic company. Sec. 78. Section 514B.26, subsection 2, Code 2019, is amended to read as follows: 2. At the time and place fixed for a hearing, the person charged shall have an opportunity to be heard and to show cause why the order should not be made by the commissioner. Upon good cause shown, the commissioner may permit any person to intervene, appear , and be heard at the hearing by counsel or in person. Nothing contained in this chapter shall require the observance at any hearing of formal rules of pleading or evidence. The provisions of section 507B.6, subsections 4 and 5 , relating to the powers and duties of the commissioner in relation to the hearing and relating to the rights and
Senate File 333, p. 32 obligations of persons upon whom the commissioner has served notice shall apply to this chapter . Sec. 79. Section 523A.601, subsection 5, paragraph a, Code 2019, is amended to read as follows: a. The specific method or methods (trust , including but not limited to trust deposits, certificates of deposit, life insurance or an annuity, a surety bond, or warehousing) warehousing, that will be used to fund the purchase agreement. Sec. 80. Section 523I.312, subsection 1, Code 2019, is amended to read as follows: 1. A nonperpetual cemetery shall not sell any lot or interment space in the cemetery unless the purchaser of the interment space is informed that the cemetery is a nonperpetual care cemetery. Each nonperpetual care cemetery shall have printed or stamped at the head of all of its contracts, deeds, statements, letterheads, and advertising material, the legend: “This This is a nonperpetual care cemetery”, and shall not sell any lot or interment space in the cemetery unless the purchaser of the interment space is informed that the cemetery is a nonperpetual care cemetery. Sec. 81. Section 537.2501, subsection 1, paragraph e, subparagraph (3), Code 2019, is amended to read as follows: (3) Escrows for future payments of taxes, including assessments for improvements, insurance , and water, sewer , and land rents. Sec. 82. Section 554.10105, subsection 1, Code 2019, is amended to read as follows: 1. The secretary of state , and the secretary’s employees or agents , are hereby exempted from all personal liability as a result of errors or omissions in the performance of any duty required by the Uniform Commercial Code, as provided in this chapter , except in cases of willful negligence. Sec. 83. Section 598.41, subsection 3, paragraph g, Code 2019, is amended to read as follows: g. Whether one or both of the parents agree or are opposed to joint custody. Sec. 84. Section 626.30, Code 2019, is amended to read as follows:
Senate File 333, p. 33 626.30 Expiration or return of distress warrant. Proceedings by garnishment under a distress warrant issued by the Iowa director of revenue or the director of inspections and appeals shall not be affected by its the expiration or its return of the warrant . Sec. 85. Section 628.19, Code 2019, is amended to read as follows: 628.19 Credit on lien. If the lienholder is unwilling to hold the property and credit the debtor thereon with the full amount of the lienholder’s lien, the lienholder must state the utmost amount that the lienholder is willing to credit the debtor with . Sec. 86. Section 633.3, subsections 16, 19, and 31, Code 2019, are amended to read as follows: 16. Executor —— means any person appointed by the court to administer the estate of a testate decedent. 19. Functional limitations —— means the behavior or condition of a person which impairs the person’s ability to care for the person’s personal safety or to attend to or provide for necessities for the person. 31. Probate assets —— means a decedent’s property subject to administration by a personal representative. Sec. 87. Section 633.356, Code 2019, is amended to read as follows: 633.356 Distribution of property by affidavit —— very small estates. 1. When the gross value of the decedent’s personal property that would otherwise be distributed by will or intestate succession is or has been, at any time since the decedent’s death, fifty thousand dollars or less and there is no real property or the real property passes to persons exempt from inheritance tax as joint tenants with full rights of survivorship, and if forty days have elapsed since the death of the decedent, a successor as defined in subsection 2 may, by furnishing an affidavit prepared pursuant to subsection 3 or 8 , and without procuring letters of appointment, do any of the following with respect to one or more items of such personal property: a. Receive any item of tangible personal property of the
Senate File 333, p. 34 decedent. b. Have any evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred. c. Collect the proceeds from any life insurance policy or any other item of property for which a beneficiary has not been designated. 2. “Successor” means: a. If the decedent died testate, the reasonably ascertainable beneficiary or beneficiaries who succeeded to the item of property under the decedent’s will. For the purposes of this subsection , the trustee of a trust created during the decedent’s lifetime is a beneficiary under the decedent’s will if the trust succeeds to the property under the decedent’s will. b. If the decedent died intestate, the reasonably ascertainable person or persons who succeeded to the property under the laws of intestate succession of this state. c. If the decedent received medical assistance benefits from the state, the Iowa Medicaid agency that provided the benefits is a successor pursuant to subsection 8 . 3. a. To collect money, receive tangible personal property, or have evidences of intangible personal property transferred under this section , a successor shall furnish to the holder of the decedent’s property an affidavit under penalty of perjury stating all of the following: (1) The decedent’s name, social security number, and date and place of death. (2) That at least forty days have elapsed since the death of the decedent, as shown by an attached certified copy of the death certificate of the decedent. (3) That the gross value of the decedent’s personal property that would otherwise be distributed by will or intestate succession is, or has been at any time since the decedent’s death, fifty thousand dollars or less and there is no real property or the real property passes to persons exempt from inheritance tax as joint tenants with full rights of survivorship. (4) A general description of the property of the decedent
Senate File 333, p. 35 that is to be paid, transferred, or delivered to or for the benefit of each successor. (5) The name, address, tax identification number and relationship to the decedent of each successor, and whether any successor is under a legal disability. (6) If applicable pursuant to subsection 2 , paragraph “a” , that the attached copy of the decedent’s will is the last will of the decedent and has been delivered to the office of a clerk of the district court in accordance with Iowa law. (7) That no persons other than the successors listed in the affidavit have a right to the interest of the decedent in the described property. (8) That the affiant requests that the described property be paid, delivered, or transferred to or for the benefit of each successor. (9) That no debt is owed to the department of human services for reimbursement of Medicaid benefits; or if debt is owed, that the debt will be paid to the extent of funds received pursuant to the affidavit. (10) That no inheritance or other taxes are owed to the department of revenue, or if taxes are owed, that the taxes will be paid to the extent of funds received pursuant to the affidavit. (11) That creditors, if any, will be paid to the extent of funds received pursuant to the affidavit. (12) That the affiant affirms under penalty of perjury that the affidavit is true and correct. b. If there are two or more successors, any of the successors may execute an affidavit under this subsection . 4. a. If the decedent had evidence of ownership of the property described in the affidavit and the holder of the property would have the right to require presentation of the evidence of ownership before the duty of the holder to pay, deliver, or transfer the property to the decedent would have arisen, the evidence of the ownership, if available, shall be presented with the affidavit to the holder of the decedent’s property. b. If the evidence of ownership is not presented to the holder of the property, the holder may require, as a condition
Senate File 333, p. 36 for the payment, delivery, or transfer of the property, that the affiant provide the holder with a bond in a reasonable amount determined by the holder to be sufficient to indemnify the holder against all liability, claims, demands, loss, damages, costs, and expenses that the holder may incur or suffer by reason of the payment, delivery, or transfer of the property. This subsection does not preclude the holder and the affiant from dispensing with the requirement that a bond be provided, and instead entering into an agreement satisfactory to the holder concerning the duty of the affiant to indemnify the holder. c. Judgments rendered by any court in this state and mortgages belonging to a decedent whose personal property is being distributed pursuant to this section may, without prior order of court, be released, discharged, or assigned, in whole or in part, as to any property, and deeds may be executed in performance of real estate contracts entered into by the decedent, where an affidavit made pursuant to subsection 3 or 8 is filed in the office of the county recorder of the county wherein any judgment, mortgage, or real estate contract appears of record. 5. Reasonable proof of the identity of each successor seeking distribution by virtue of the affidavit shall be provided to the satisfaction of the holder of the decedent’s property. 6. a. If the requirements of this section are satisfied: (1) The property described in the affidavit shall be paid, delivered, or transferred to or for the benefit of each successor. (2) A transfer agent of a security described in the affidavit shall change registered ownership on the books of the corporation from the decedent to or for the benefit of each successor. (3) The holder of the property may return the attached certified copy of the decedent’s death certificate to the affiant. b. If the holder of the decedent’s property refuses to pay, deliver, or transfer any property or evidence thereof to or for the benefit of the successor within a reasonable time,
Senate File 333, p. 37 a successor may recover the property or compel its payment, delivery, or transfer in an action brought for that purpose against the holder of the property. If an action is brought against the holder under this subsection , the court shall award attorney fees to the person bringing the action if the court finds that the holder of the decedent’s property acted unreasonably in refusing to pay, deliver, or transfer the property to or for the benefit of the successor as required by this subsection . 7. a. If the requirements of this section are satisfied, receipt by the holder of the decedent’s property of the affidavit under subsection 3 or 8 constitutes sufficient acquittance for the payment of money, delivery of property, or transferring the registered ownership of property pursuant to this section and discharges the holder from any further liability with respect to the money or property. The holder may rely in good faith on the statements in the affidavit and has no duty to inquire into the truth of any statement in the affidavit. b. If the requirements of this section are satisfied, the holder is not liable for any debt owed by the decedent by reason of paying money, delivering property, or transferring registered ownership of property pursuant to this section . If an action is brought against the holder under this section , the court shall award attorney fees to the holder if the court finds that the holder acted reasonably in paying, delivering, or transferring the property as required by this section . 8. a. If an affidavit, executed under this section for a deceased distributee of an estate being administered in this state, is filed with the clerk of the district court in which the estate is being administered, the court shall direct the personal representative to pay the money or deliver the property to or for the benefit of each successor to the extent the court determines that the deceased distributee would have been entitled to money or property of the estate. b. When the department of human services is entitled to money or property of a decedent pursuant to section 249A.53, subsection 2 , and no affidavit has been presented by a successor as defined in subsection 2 , paragraph “a” or “b” ,
Senate File 333, p. 38 within ninety days of the date of the decedent’s death, the funds in the account or other property, up to the amount of the claim of the department, shall be paid to the department upon presentation by the department or an entity designated by the department of an affidavit to the holder of the decedent’s property. Such affidavit shall include the information specified in subsection 3 , except that the department may submit proof of payment of funeral expenses as verification of the decedent’s death instead of a certified copy of the decedent’s death certificate. The amount of the department’s claim shall also be included in the affidavit, which shall entitle the department to receive the funds as a successor. The department shall issue a refund within sixty days to any claimant with a superior priority pursuant to section 633.425 , if notice of such claim is given to the department, or to the entity designated by the department to receive notice, within one year of the department’s receipt of funds. This paragraph shall apply to funds or property of the decedent transferred to the custody of the treasurer of state as unclaimed property pursuant to chapter 556 . 9. The procedure provided by this section may be used only if no administration of the decedent’s estate is pending. 10. 9. Upon receipt of an affidavit under subsection 3 and reasonable proof under subsection 5 of the identity of each successor seeking distribution by virtue of the affidavit, the holder of the property shall disclose to the affiant whether the value of the property held by the holder is, or has been at any time since the decedent’s death, fifty thousand dollars or less. An affidavit furnished for the purpose of determining whether the value of the property is, or has been at any time since the decedent’s death, fifty thousand dollars or less need not contain the language required under subsection 3 , paragraph “a” , subparagraph (3), but shall state that the affiant reasonably believes that the gross value of the decedent’s personal property that would otherwise be distributed by will or intestate succession is, or has been at any time since the decedent’s death, fifty thousand dollars or less and there is no real property or the real property passes to persons exempt from inheritance tax as joint tenants with full rights of
Senate File 333, p. 39 survivorship. 10. The procedure provided by this section may be used only if no administration of the decedent’s estate is pending. Sec. 88. Section 633.637, Code 2019, is amended to read as follows: 633.637 Powers of ward. 1. A ward for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the ward possesses the requisite testamentary capacity, unless the court determines that the ward has a limited ability to handle the ward’s own funds. If the court makes such a finding, it the court shall specify to what extent the ward may possess and use the ward’s own funds. 2. Any modification of the powers of the ward that would be more restrictive of the ward’s control over the ward’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator. Any modification that would be less restrictive of the ward’s control over the ward’s financial affairs shall be based upon proof in accordance with the requirements of section 633.675 . Sec. 89. Section 633.665, Code 2019, is amended to read as follows: 633.665 Separate actions and claims. 1. Any action pending against the ward at the time the conservator is appointed shall also be considered a claim filed in the conservatorship if notice of substitution is served on the conservator as defendant , and a duplicate of the proof of service of notice of such proceeding is filed in the conservatorship proceeding. 2. A separate action based on a debt or other liability of the ward may be commenced against the conservator as such in lieu of filing a claim in the conservatorship. Such an action shall be commenced by serving an original notice on the conservator and filing a duplicate of the proof of service of notice of such proceeding in the conservatorship proceeding. Such an action shall also be considered a claim filed in the conservatorship. Such an action may be commenced only in a county where the venue would have been proper if there were no
Senate File 333, p. 40 conservatorship and the action had been commenced against the ward. Sec. 90. Section 669.11, Code 2019, is amended to read as follows: 669.11 Payment of award. Any award to a claimant under this chapter , and any judgment in favor of any claimant under this chapter , shall be paid promptly out of appropriations which have been made for such that purpose, if any; but any such amount or part thereof which cannot be paid promptly from such appropriations shall be paid promptly out of any money moneys in the state treasury not otherwise appropriated. Payment shall be made only upon receipt of a written release by the claimant in a form approved by the attorney general. Sec. 91. Section 716.12, Code 2019, is amended to read as follows: 716.12 Critical infrastructure sabotage —— penalties. A person who commits critical infrastructure sabotage as defined in section 716.11 is guilty of a class “B” felony, and in addition to the provisions of section 902.9, subsection 1 , paragraph “b” , shall be punished by a fine of not less than eighty-five thousand dollars nor more than one hundred thousand dollars. Sec. 92. Section 717F.1, subsection 5, paragraph a, subparagraph (5), Code 2019, is amended to read as follows: (5) A member of the family rhinocero tidae of the order perissodactyla, which is a rhinoceros. Sec. 93. Section 717F.8, subsection 2, paragraph b, Code 2019, is amended to read as follows: b. Five hundred dollars for a member of the family rhinocero tidae of the order perissodactyla, which is a rhinoceros. Sec. 94. Section 820.23, Code 2019, is amended to read as follows: 820.23 Application for extradition. 1. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor the prosecuting attorney’s written application for a requisition for the return of the person charged, in which application shall be stated the name of the
Senate File 333, p. 41 person so charged, the crime charged against the person, the approximate time, place and circumstances of its commission, the state in which the person is believed to be, including the location of the accused therein at the time the application is made and certifying that , in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. 2. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of the person’s bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of the person’s escape from confinement or of the breach of the terms of the person’s bail, probation, or parole, and the state in which the person is believed to be, including the location of the person therein at the time application is made. 3. The application shall be verified by affidavit, shall be executed in duplicate , and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden, or sheriff may also attach such further affidavits and other documents in duplicate as the prosecuting officer, parole board, warden, or sheriff shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor’s requisition.
Senate File 333, p. 42 Sec. 95. Section 822.6, subsection 2, Code 2019, is amended to read as follows: 2. When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to postconviction relief and no purpose would be served by any further proceedings, it the court may indicate to the parties its intention to dismiss the application and its the reasons for dismissal. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if a material issue of fact exists. DIVISION II CORRESPONDING CHANGES Sec. 96. Section 8D.13, subsection 18, Code 2019, is amended to read as follows: 18. Access to the network shall be offered to the department of public safety and the department of public defense for the purpose of establishing and operating a shared data-only network providing law enforcement, emergency management, disaster service, emergency warning, and other emergency information dissemination services to federal, state, and local law enforcement agencies as provided in sections 80.9 80.5 and 80.9B , and local emergency management offices established under the authority of sections 29C.9 and 29C.10 . Sec. 97. Section 97A.1, subsection 10, Code 2019, is amended to read as follows: 10. “Earnable compensation” or “compensation earnable” shall mean the regular compensation which a member would earn during one year on the basis of the stated compensation for the member’s rank or position including compensation for longevity and the daily amount received for meals under section 80.8 80.6 and excluding any amount received for overtime compensation or other special additional compensation, other payments for meal expenses, uniform cleaning allowances, travel expenses, and uniform allowances and excluding any amount received upon termination or retirement in payment for accumulated sick leave
Senate File 333, p. 43 or vacation. Sec. 98. Section 99F.1, subsection 7, Code 2019, is amended to read as follows: 7. “Division” means the division of criminal investigation of the department of public safety as provided in section 80.17 80.4 . Sec. 99. Section 135.141, subsection 1, Code 2019, is amended to read as follows: 1. A division of acute disease prevention and emergency response is established within the department. The division shall coordinate the administration of this division of this chapter subchapter with other administrative divisions of the department and with federal, state, and local agencies and officials. Sec. 100. Section 135.141, subsection 2, paragraphs g and i, Code 2019, are amended to read as follows: g. Apply for and accept grants, gifts, or other funds to be used for programs authorized by this division of this chapter subchapter . i. Adopt rules pursuant to chapter 17A for the administration of this division of this chapter subchapter including rules adopted in cooperation with the Iowa pharmacy association and the Iowa hospital association for the development of a surveillance system to monitor supplies of drugs, antidotes, and vaccines to assist in detecting a potential public health disaster. Prior to adoption, the rules shall be approved by the state board of health and the director of the department of homeland security and emergency management. Sec. 101. Section 135.143, subsection 3, unnumbered paragraph 1, Code 2019, is amended to read as follows: A member of a public health response team acting pursuant to this division of this chapter subchapter shall be considered an employee of the state under section 29C.21 and chapter 669 , shall be afforded protection as an employee of the state under section 669.21 , and shall be considered an employee of the state for purposes of workers’ compensation, disability, and death benefits, provided that the member has done all of the following:
Senate File 333, p. 44 Sec. 102. Section 135.144, subsections 5, 6, 7, and 8, Code 2019, are amended to read as follows: 5. Order physical examinations and tests and collect specimens as necessary for the diagnosis or treatment of individuals, to be performed by any qualified person authorized to do so by the department. An examination or test shall not be performed or ordered if the examination or test is reasonably likely to lead to serious harm to the affected individual. The department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this division of this chapter subchapter , any individual whose refusal of medical examination or testing results in uncertainty regarding whether the individual has been exposed to or is infected with a communicable or potentially communicable disease or otherwise poses a danger to public health. 6. Vaccinate or order that individuals be vaccinated against an infectious disease and to prevent the spread of communicable or potentially communicable disease. Vaccinations shall be administered by any qualified person authorized to do so by the department. The vaccination shall not be provided or ordered if it is reasonably likely to lead to serious harm to the affected individual. To prevent the spread of communicable or potentially communicable disease, the department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this division of this chapter subchapter , any person who is unable or unwilling to undergo vaccination pursuant to this subsection . 7. Treat or order that individuals exposed to or infected with disease receive treatment or prophylaxis. Treatment or prophylaxis shall be administered by any qualified person authorized to do so by the department. Treatment or prophylaxis shall not be provided or ordered if the treatment or prophylaxis is reasonably likely to lead to serious harm to the affected individual. To prevent the spread of communicable or potentially communicable disease, the department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this division of this chapter subchapter , any individual who is unable or unwilling to undergo treatment or prophylaxis pursuant to this section .
Senate File 333, p. 45 8. Isolate or quarantine individuals or groups of individuals pursuant to chapter 139A and the rules implementing chapter 139A and this division of this chapter subchapter . Sec. 103. Section 282.18, subsection 11, paragraph c, Code 2019, is amended to read as follows: c. For purposes of this subsection , “school days of enrollment” does not include enrollment in summer school. For purposes of this subsection , “varsity” means the same as defined in section 256.46 , subsection 3 . DIVISION III CODE EDITOR DIRECTIVES Sec. 104. CODE EDITOR DIRECTIVES. 1. Sections 18B.2, subsection 1, paragraph “a”, subparagraph (2), subparagraph division (a); and 455B.262, subsection 1, Code 2019, are amended by striking the words “flood plain” and inserting in lieu thereof the word “floodplain”. 2. Sections 335.2 and 414.21, Code 2019, are amended by striking the words “flood plains” and inserting in lieu thereof the word “floodplains”. 3. Sections 49A.9, 218.72, 222.11, 222.69, 225.28, 226.17, and 230.11, Code 2019, are amended by striking the word “money” and inserting in lieu thereof the word “moneys”. 4. Sections 25.2, subsection 4; 85.59, subsection 4; and 166.42, subsection 2, Code 2019, are amended by striking the word “money” and inserting in lieu thereof the word “moneys”. 5. Sections 135.42 and 249A.40, Code 2019, are amended by striking the word “division” and inserting in lieu thereof the word “subchapter”. 6. Sections 15E.206, subsection 3, paragraph “a”; 15E.207, subsection 2, paragraph “b”, subparagraph division (c); 15E.208, subsection 5, paragraph “g”, subparagraphs (1) and (2); 15E.208, subsection 6, paragraph “d”, subparagraph (1), subparagraph division (a); 135.61, unnumbered paragraph 1; 135.61, subsection 1, paragraph “d”; 135.61, subsection 4; 135.62, subsection 1; 135.62, subsection 2, paragraph “f”, subparagraphs (2), (4), and (5); 135.63, subsection 1; 135.63, subsection 2, unnumbered paragraph 1; 135.63, subsection 2, paragraph “f”; 135.63, subsection 2, paragraph
Senate File 333, p. 46 “g”, subparagraph (1); 135.63, subsection 2, paragraph “h”, subparagraph (1), unnumbered paragraph 1; 135.63, subsection 2, paragraph “j”; 135.63, subsection 2, paragraph “k”, subparagraph (1), unnumbered paragraph 1; 135.63, subsection 2, paragraph “l”, unnumbered paragraph 1; 135.63, subsection 2, paragraphs “m” and “n”; 135.63, subsection 2, paragraph “p”, unnumbered paragraph 1; 135.63, subsection 3; 135.64, subsection 3; 135.72, unnumbered paragraph 1; 135.73, subsection 1; 135.73, subsection 2, unnumbered paragraph 1; 135.73, subsection 3; 135.74, subsections 1 and 3; 135.75, subsection 2; 135.76, subsection 1; 135.100, unnumbered paragraph 1; 135.105A, subsection 5; 135.108, unnumbered paragraph 1; 135.140, unnumbered paragraph 1; 249K.2, subsection 6; 490.120, subsection 12, paragraph “c”, subparagraph (1); 490.140, subsection 29; 490.640, subsection 8; 490.809, subsection 2; 490.858, subsection 2; 490.1101, unnumbered paragraph 1; 490.1105, subsection 3; 490.1107, subsection 1, paragraph “h”; 490.1107, subsection 2; 490.1107, subsection 4, paragraph “b”; 490.1108, subsection 1; 490.1114, subsection 1; 490.1114, subsection 2, paragraph “g”; 490.1202, subsection 7; 490.1301, unnumbered paragraph 1; 490.1320, subsection 1; 490.1320, subsection 3, paragraphs “a” and “b”; 490.1322, subsection 2, paragraph “c”; 490.1323, subsection 3; 490.1331, subsection 1; 490.1340, subsection 2, paragraph “a”, subparagraph (1); 490.1403, subsection 3; 490.1405, subsection 2, paragraph “c”; 499.69A, subsection 6; 524.1309, subsection 8; 524.1406, subsection 1; 524.1417, subsection 1; and 524.1805, subsection 6, Code 2019, are amended by striking the word “division” and inserting in lieu thereof the word “subchapter”. 7. The Code editor may change Code chapter division designations to subchapter designations and correct internal references as necessary within and to the following Code chapters: a. 135. b. 490. 8. The Code editor may designate unnumbered Code chapter headings as numbered subchapters and correct internal references as necessary within and to the following Code
Senate File 333, p. 47 chapters: a. 274. b. 294. c. 297. d. 420. 9. The Code editor may add the following Code chapter headings to the numbered subchapters in Code chapter 499A: a. Subchapter I: add the heading, “GENERAL PROVISIONS”. b. Subchapter II: add the heading, “LOW-INCOME OR SWEAT EQUITY HOUSING COOPERATIVES”. 10. The Code editor shall delete unnumbered Code chapter headings from Code chapter 15A. 11. a. The Code editor is directed to make the following transfers: (1) Section 80.6 to section 80.16. (2) Section 80.7 to section 80.25. (3) Section 80.8 to section 80.6. (4) Section 80.9 to section 80.5. (5) Section 80.17 to section 80.4. (6) Section 488.1206 to section 488.117A. b. The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this subsection. 12. The Code editor is directed to number unnumbered paragraphs within sections 3.6, 6B.25,