Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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112 17 subsection 4, paragraph "c". Intentional introduction also

112 18 does not include the use of recycled materials as feedstock

112 19 for the manufacture of new packaging materials, if the

112 20 recycled materials contain amounts of a regulated metal and if

112 21 the new package or packaging component is in compliance with

112 22 subsection 4, paragraph "c".

112 23 "Regulated metal" means any metal regulated under this


112 24 section.

112 25 Sec. 135. Section 455D.19, subsection 2, Code 2009, is

112 26 amended by adding the following new paragraph:

112 27 NEW PARAGRAPH. ga. "Regulated metal" means any metal

112 28 regulated under this section.

112 29 Sec. 136. Section 455E.11, subsection 2, paragraph b,

112 30 unnumbered paragraph 1, Code 2009, is amended to read as

112 31 follows:

112 32 An agriculture management account. Moneys collected from

112 33 the groundwater protection fee levied pursuant to section

112 34 200.8, subsection 4, the portion of the fees collected

112 35 pursuant to sections 206.8, subsection 2, and 206.12,


Senate File 446 - Introduced continued

113 1 subsection 3 4, and other moneys designated for the purpose of

113 2 agriculture management shall be deposited in the agriculture

113 3 management account. The agriculture management account shall

113 4 be used for the following purposes:

113 5 Sec. 137. Section 459.312, subsection 10, paragraph a,

113 6 subparagraph (2), subparagraph division (c), Code 2009, is

113 7 amended to read as follows:

113 8 (c) Regardless of the development of the state

113 9 comprehensive nutrient management strategy as provided in

113 10 subparagraph subdivision division (b), the department shall

113 11 adopt rules required to establish a phosphorus index. The

113 12 department shall cooperate with the United States department

113 13 of agriculture natural resource conservation service technical

113 14 committee for Iowa to refine and calibrate the phosphorus

113 15 index in adopting the rules. Rules adopted by the department

113 16 pursuant to this subparagraph (2) shall become effective on

113 17 July 1, 2003.

113 18 Sec. 138. Section 459.312, subsection 10, paragraph a,

113 19 unnumbered paragraph 2, Code 2009, is amended to read as

113 20 follows:

113 21 Subparagraph subdivisions divisions (b) through (e) and

113 22 this paragraph are repealed on the date that any person who

113 23 has submitted an original manure management plan prior to

113 24 April 1, 2002, is required to submit a manure management plan

113 25 update which includes a phosphorus index as provided in

113 26 subparagraph subdivision division (e), subparagraph

113 27 subdivision part (i). The department shall publish a notice

113 28 in the Iowa administrative bulletin published immediately

113 29 prior to that date, and the director of the department shall

113 30 deliver a copy of the notice to the Iowa Code editor.

113 31 Sec. 139. Section 466B.3, subsection 4, paragraph f, Code

113 32 2009, is amended to read as follows:

113 33 f. The dean of the college of agriculture and life

113 34 sciences at Iowa state university or the dean's designee.

113 35 Sec. 140. Section 468.119, Code 2009, is amended to read


Senate File 446 - Introduced continued
114 1 as follows:

114 2 468.119 ANNEXATION OF ADDITIONAL LANDS.

114 3 1. After the establishment of a levee or drainage

114 4 district, if the board becomes convinced that additional lands

114 5 contiguous to the district, and without regard to county

114 6 boundaries, are benefited by the improvement or that the same

114 7 are then receiving benefit or will be benefited by a repair or

114 8 improvement to said district as contemplated in section

114 9 468.126, it may adopt, with or without a petition from owners

114 10 of the proposed annexed lands, a resolution of necessity for

114 11 the annexation of such additional land and appoint an engineer

114 12 with the qualifications provided in this subchapter, parts 1

114 13 through 5, to examine such additional lands, to make a survey

114 14 and plat thereof showing their relation, elevation, and

114 15 condition of drainage with reference to such established

114 16 district, and to make and file with the auditor a report as in

114 17 this subchapter, parts 1 through 5, provided for the original

114 18 establishment of such district, said report to specify the

114 19 character of the benefits received.

114 20 2. In the event the additional lands are a part of an

114 21 existing drainage district, as an alternative procedure to

114 22 that established by the foregoing provisions of this section

114 23 subsection 1, the lands may be annexed in either of the

114 24 following methods:

114 25 1. a. (1) A petition, proposing that the lands be

114 26 included in a contiguous drainage district and signed by at

114 27 least twenty percent of the landowners of those lands to be

114 28 annexed, shall be filed with the governing board of each

114 29 affected district.

114 30 (2) The board of the district in which the lands are

114 31 presently included may, at its next regular meeting or at a

114 32 special meeting called for that purpose, adopt a resolution

114 33 approving and consenting to the annexation; or.

114 34 2. b. Whenever the owners of all of the land proposed to

114 35 be annexed file a petition with the governing boards of the
Senate File 446 - Introduced continued
115 1 affected districts, the consent of the board in which the

115 2 lands are then located shall not be required to consent to the

115 3 annexation, and the board of the annexing district may proceed

115 4 as provided in this section.

115 5 3. If either method of annexation provided for in

115 6 subsections 1 and subsection 2 of this section is completed,

115 7 the board of the district to which the lands are to be annexed

115 8 may adopt a resolution of necessity for the annexation of the

115 9 additional lands, as provided in this section.

115 10 4. The right of remonstrance, as provided under section

115 11 468.28, does not apply to the owners of lands being

115 12 involuntarily annexed to an established district.

115 13 Sec. 141. Section 469.6, subsection 1, unnumbered

115 14 paragraph 2, is amended by striking the unnumbered paragraph.

115 15 Sec. 142. Section 469.6, subsection 3, Code 2009, is

115 16 amended to read as follows:

115 17 3. The members of the board shall be reimbursed for actual

115 18 and necessary travel and related expenses incurred in the

115 19 discharge of official duties. Each member of the board may

115 20 also be eligible to receive compensation as provided in

115 21 section 7E.6. A legislative member is eligible for per diem


115 22 and expenses as provided in section 2.10.

115 23 Sec. 143. Section 483A.25, Code 2009, is amended to read

115 24 as follows:

115 25 483A.25 PHEASANT AND QUAIL RESTORATION PROGRAM ==

115 26 APPROPRIATIONS.

115 27 The revenue received from the resident hunting license fee

115 28 increase in 2002 Acts, chapter 1141, for each fiscal year of

115 29 the fiscal period beginning July 1, 2002, and ending June 30,

115 30 2007, is appropriated to the department. Of the amount

115 31 appropriated to the department pursuant to this section, at

115 32 least sixty percent shall be used to fund a pheasant and quail

115 33 restoration program. The department shall submit a report

115 34 annually on the pheasant and quail restoration program to the

115 35 chairpersons of the house committee and senate committees on


Senate File 446 - Introduced continued
116 1 natural resources and the senate committee on natural

116 2 resources and environment not later than January 1, 2004, and

116 3 not later than January 1 of each subsequent year.

116 4 Sec. 144. Section 489.302, subsection 5, unnumbered

116 5 paragraph 1, Code 2009, is amended to read as follows:

116 6 Subject to subsection 3, a grant of authority not

116 7 pertaining to a transfer of real property and contained in an

116 8 effective statement of authority is conclusive in favor of a

116 9 person that gives value in reliance on the grant, except to

116 10 the extent that when the person gives value, and any of the

116 11 following applies:

116 12 Sec. 145. Section 489.302, subsection 6, unnumbered

116 13 paragraph 1, Code 2009, is amended to read as follows:

116 14 Subject to subsection 3, an effective statement of

116 15 authority that grants authority to transfer real property held

116 16 in the name of the limited liability company and that is

116 17 recorded by certified copy in the office for recording

116 18 transfers of the real property is conclusive in favor of a

116 19 person that gives value in reliance on the grant without

116 20 knowledge to the contrary, except to the extent that when the

116 21 person gives value, and any of the following applies:

116 22 Sec. 146. Section 489.401, subsection 4, paragraph d,

116 23 unnumbered paragraph 1, Code 2009, is amended to read as

116 24 follows:

116 25 If, within ninety consecutive days after the company ceases

116 26 to have any members, and all of the following occur:

116 27 Sec. 147. Section 490.1112, subsection 1, paragraph c,

116 28 Code 2009, is amended to read as follows:

116 29 c. The domestic corporation must notify each shareholder

116 30 of the domestic corporation, whether or not entitled to vote,

116 31 of the meeting of shareholders at which the plan is to be

116 32 submitted for approval. The notice must state that the

116 33 purpose, or one of the purposes, of the meeting is to consider

116 34 the plan of conversion and must contain or be accompanied by a

116 35 copy or summary of the plan of conversion. The notice shall


Senate File 446 - Introduced continued
117 1 include or be accompanied by a copy of the organic

117 2 organizational documents as they will be in effect immediately

117 3 after the conversion.

117 4 Sec. 148. Section 508.36, subsection 4, paragraph b,

117 5 subparagraph (1), subparagraph division (c), Code 2009, is

117 6 amended to read as follows:

117 7 (c) A modification of the tables identified in

117 8 subparagraph subdivisions divisions (a) and (b) approved by

117 9 the commissioner.

117 10 Sec. 149. Section 508.36, subsection 4, paragraph c,

117 11 subparagraph (1), subparagraph division (c), Code 2009, is

117 12 amended to read as follows:

117 13 (c) A modification of the tables identified in

117 14 subparagraph subdivisions divisions (a) and (b) approved by

117 15 the commissioner.

117 16 Sec. 150. Section 508.36, subsection 4, paragraph e,

117 17 subparagraph (1), subparagraph division (c), Code 2009, is

117 18 amended to read as follows:

117 19 (c) A modification of the tables identified in

117 20 subparagraph subdivisions divisions (a) and (b) approved by

117 21 the commissioner.

117 22 Sec. 151. Section 508.36, subsection 5, paragraph b,

117 23 subparagraph (1), subparagraph divisions (c), (d), and (e),

117 24 Code 2009, are amended to read as follows:

117 25 (c) For other annuities with cash settlement options and

117 26 guaranteed interest contracts with cash settlement options,

117 27 valued on an issue=year basis, except as stated in

117 28 subparagraph subdivision division (b), the formula for life

117 29 insurance stated in subparagraph subdivision division (a)

117 30 applies to annuities and guaranteed interest contracts with

117 31 guarantee durations in excess of ten years, and the formula

117 32 for single premium immediate annuities stated in subparagraph

117 33 subdivision division (b) applies to annuities and guaranteed

117 34 interest contracts with guarantee durations of ten years or

117 35 less.
Senate File 446 - Introduced continued
118 1 (d) For other annuities with no cash settlement options

118 2 and for guaranteed interest contracts with no cash settlement

118 3 options, the formula for single premium immediate annuities

118 4 stated in subparagraph subdivision division (b) applies.

118 5 (e) For other annuities with cash settlement options and

118 6 guaranteed interest contracts with cash settlement options,

118 7 valued on a change=in=fund basis, the formula for single

118 8 premium immediate annuities stated in subparagraph subdivision

118 9 division (b) applies.

118 10 Sec. 152. Section 508.36, subsection 5, paragraph b,

118 11 subparagraph (2), Code 2009, is amended to read as follows:

118 12 (2) However, if the calendar year statutory valuation

118 13 interest rate for any life insurance policies issued in any

118 14 calendar year determined under subparagraph (1), subparagraph

118 15 subdivision division (a) without reference to this sentence

118 16 differs from the corresponding actual rate for similar

118 17 policies issued in the immediately preceding calendar year by

118 18 less than one=half of one percent, the calendar year statutory

118 19 valuation interest rate for the life insurance policies is

118 20 equal to the corresponding actual rate for the immediately

118 21 preceding calendar year. For purposes of applying the

118 22 immediately preceding sentence, the calendar year statutory

118 23 valuation interest rate for life insurance policies issued in

118 24 a calendar year shall be determined for 1980, using the

118 25 reference interest rate defined in 1979, and shall be

118 26 determined for each subsequent calendar year regardless of the

118 27 operative date of section 508.37, subsection 5, paragraph "c".

118 28 Sec. 153. Section 508.36, subsection 5, paragraph c,

118 29 subparagraph (1), subparagraph division (c), unnumbered

118 30 paragraph 1, Code 2009, is amended to read as follows:

118 31 Weighting factors for other annuities and for guaranteed

118 32 interest contracts, except as stated in subparagraph

118 33 subdivision division (b), shall be as specified in

118 34 subparagraph subdivision parts subdivisions (i), (ii), and

118 35 (iii) of this subparagraph subdivision division, according to
Senate File 446 - Introduced continued
119 1 the rules and definitions in subparagraph subdivision parts

119 2 subdivisions (iv), (v), and (vi) of this subparagraph

119 3 subdivision division:

119 4 Sec. 154. Section 508.36, subsection 5, paragraph c,

119 5 subparagraph (1), subparagraph division (c), subparagraph

119 6 subdivision (ii), unnumbered paragraph 1, Code 2009, is

119 7 amended to read as follows:

119 8 For annuities and guaranteed interest contracts valued on a

119 9 change=in=fund basis, the factors shown in subparagraph

119 10 subdivision part (i) of this subparagraph subdivision division

119 11 increased by:

119 12 Sec. 155. Section 508.36, subsection 5, paragraph c,

119 13 subparagraph (1), subparagraph division (c), subparagraph

119 14 subdivision (iii), unnumbered paragraph 1, Code 2009, is

119 15 amended to read as follows:

119 16 For annuities and guaranteed interest contracts valued on

119 17 an issue=year basis, other than those with no cash settlement

119 18 options, which do not guarantee interest on considerations

119 19 received more than one year after issue or purchase and for

119 20 annuities and guaranteed interest contracts valued on a

119 21 change=in=fund basis which do not guarantee interest rates on

119 22 considerations received more than twelve months beyond the

119 23 valuation date, the factors shown in subparagraph subdivision

119 24 part (i) of this subparagraph subdivision division or derived

119 25 in subparagraph subdivision part (ii) of this subparagraph

119 26 subdivision division increased by:

119 27 Sec. 156. Section 508.36, subsection 5, paragraph c,

119 28 subparagraph (1), subparagraph division (c), subparagraph

119 29 subdivision (v), unnumbered paragraph 1, Code 2009, is amended

119 30 to read as follows:

119 31 "Plan type", as used in subparagraph subdivision parts

119 32 subdivisions (i), (ii), and (iii) of this subparagraph

119 33 subdivision division, is defined as follows:

119 34 Sec. 157. Section 508C.8, subsection 8, paragraph a,

119 35 subparagraph (2), subparagraph division (b), subparagraph
Senate File 446 - Introduced continued
120 1 subdivision (ii), Code 2009, is amended to read as follows:

120 2 (ii) However, the association shall not in any event be

120 3 obligated to cover more than an aggregate of three hundred

120 4 fifty thousand dollars in benefits with respect to any one

120 5 life under subparagraph subdivision division (a) and this

120 6 subparagraph subdivision division (b), or more than five

120 7 million dollars in benefits to one owner of multiple nongroup

120 8 policies of life insurance regardless of whether the policy

120 9 owner is an individual, firm, corporation, or other person,

120 10 and whether the persons insured are officers, managers,

120 11 employees, or other persons, and regardless of the number of

120 12 policies and contracts held by the owner.

120 13 Sec. 158. Section 508C.8, subsection 8, paragraph a,

120 14 subparagraph (2), subparagraph division (c), Code 2009, is

120 15 amended to read as follows:

120 16 (c) With respect to a plan sponsor whose plan owns,

120 17 directly or in trust, one or more unallocated annuity

120 18 contracts not included under subparagraph subdivision division

120 19 (b), not more than five million dollars in benefits,

120 20 regardless of the number of contracts held by the plan

120 21 sponsor. However, where one or more such unallocated annuity

120 22 contracts are covered contracts under this chapter and are

120 23 owned by a trust or other entity for the benefit of two or

120 24 more plan sponsors, the association shall provide coverage if

120 25 the largest interest in the trust or entity owning the

120 26 contract is held by a plan sponsor whose principal place of

120 27 business is in the state but in no event shall the association

120 28 be obligated to cover more than five million dollars in

120 29 benefits in the aggregate with respect to all such unallocated

120 30 contracts.

120 31 Sec. 159. Section 515.35, subsection 3, paragraph a,

120 32 subparagraph (2), subparagraph division (c), subparagraph

120 33 subdivision (ii), Code 2009, is amended to read as follows:

120 34 (ii) If the loan is fully collateralized by cash or cash

120 35 equivalents, the cash or cash equivalent collateral may be

Senate File 446 - Introduced continued
121 1 reinvested by the company as provided in subparagraph

121 2 subdivision division (b).

121 3 Sec. 160. Section 515.35, subsection 3, paragraph a,

121 4 subparagraph (5), Code 2009, is amended to read as follows:

121 5 (5) Transfers of ownership of investments held as

121 6 described in paragraph "a", subparagraph (1), subparagraph

121 7 subdivision division (c), and subparagraphs (3) and (4) may be

121 8 evidenced by bookkeeping entry on the books of the issuer of

121 9 the investment, its transfer or recording agent, or the

121 10 clearing corporation without physical delivery of certificate,

121 11 if any, evidencing the company's investment.

121 12 Sec. 161. Section 515.35, subsection 4, paragraph h,

121 13 subparagraph (1), unnumbered paragraph 2, Code 2009, is

121 14 amended to read as follows:

121 15 All real estate specified in subdivisions subparagraph

121 16 divisions (a), (b), and (c) of this subparagraph shall be sold

121 17 and disposed of within three years after the company acquires

121 18 title to it, or within three years after the real estate

121 19 ceases to be necessary for the accommodation of the company's

121 20 business, and the company shall not hold any of those

121 21 properties for a longer period unless the company elects to

121 22 hold the property under another paragraph of this section, or

121 23 unless the company procures a certificate from the

121 24 commissioner of insurance that its interest will suffer

121 25 materially by the forced sale of those properties and that the

121 26 time for the sale is extended to the time the commissioner

121 27 directs in the certificate.

121 28 Sec. 162. Section 554.2709, subsection 1, unnumbered

121 29 paragraph 1, Code 2009, is amended to read as follows:

121 30 When the buyer fails to pay the price as it becomes due the

121 31 seller may recover, together with any incidental damages under

121 32 the next section 554.2710, the price:

121 33 Sec. 163. Section 554.11101, Code 2009, is amended to read

121 34 as follows:

121 35 554.11101 EFFECTIVE DATE.


Senate File 446 - Introduced continued
122 1 Division 2 of this Act [65GA 1974 Iowa Acts, chapter 1249]

122 2 1249, sections 9 to 72, the Iowa amendments to the Uniform

122 3 Commercial Code pertaining primarily to security interests,

122 4 and related amendments, shall become effective at 12:01 a.m.




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