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

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134 26 deferred in accordance with the provisions of this chapter.

134 27 Sec. 152. Section 455A.8, subsection 1, Code 2009, is

134 28 amended to read as follows:

134 29 1. a. The Brushy creek recreation trails advisory board

134 30 shall be organized within the department and shall be composed

134 31 of ten nine voting members including the following: the and


134 32 one ex officio nonvoting member as follows:

134 33 (1) The director of the department or the director's

134 34 designee who shall serve as a the nonvoting ex officio member,

134 35 the.
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135 1 (2) The park employee who is primarily responsible for

135 2 maintenance of the Brushy creek recreation area, a.

135 3 (3) A member of the state advisory board for preserves

135 4 established under chapter 465C, and seven.

135 5 (4) Seven persons appointed by the natural resource

135 6 commission.

135 7 b. The director shall provide the natural resource

135 8 commission with nominations of prospective board members.

135 9 Each person appointed by the natural resource commission must

135 10 actively participate in recreational trail activities such as

135 11 hiking, bicycling, an equestrian sport, or a winter sport at

135 12 the Brushy creek recreation area. The nine voting members

135 13 shall elect a chairperson at the board's first meeting each

135 14 year.

135 15 Sec. 153. Section 455B.191, Code 2009, is amended to read

135 16 as follows:

135 17 455B.191 PENALTIES == BURDEN OF PROOF.

135 18 1. As used in this section, "hazardous substance" means


135 19 hazardous substance as defined in section 455B.381 or section

135 20 455B.411.

135 21 1. 2. Any person who violates any provision of part 1 of

135 22 division III of this chapter or any permit, rule, standard, or

135 23 order issued under part 1 of division III of this chapter

135 24 shall be subject to a civil penalty not to exceed five

135 25 thousand dollars for each day of such violation.

135 26 2. 3. a. Any person who negligently or knowingly

135 27 violates does any of the following shall, upon conviction, be



135 28 punished as provided in paragraph "b" or "c":

135 29 (1) Violates section 455B.183 or section 455B.186 or any

135 30 condition or limitation included in any permit issued under

135 31 section 455B.183, or who negligently or knowingly introduces.

135 32 (2) Introduces into a sewer system or into a publicly

135 33 owned treatment works any pollutant or hazardous substance

135 34 which the person knew or reasonably should have known could

135 35 cause personal injury or property damage or, other than in

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136 1 compliance with all applicable federal and state requirements

136 2 or permits, negligently or knowingly causes.

136 3 (3) Causes a treatment works to violate any water quality

136 4 standard, effluent standard, pretreatment standard or

136 5 condition of a permit issued to the treatment works pursuant

136 6 to section 455B.183 is guilty of a serious misdemeanor for a



136 7 negligent violation and is guilty of an aggravated misdemeanor

136 8 for a knowing violation. A conviction for a negligent

136 9 violation is

136 10 b. (1) A person who commits a negligent violation under


136 11 this subsection is guilty of a serious misdemeanor punishable

136 12 by a fine of not more than twenty=five thousand dollars for

136 13 each day of violation or by imprisonment for not more than one

136 14 year, or both; however, if.

136 15 (2) If the conviction is for a second or subsequent

136 16 violation committed by a person under this subsection, the

136 17 conviction is punishable by a fine of not more than fifty

136 18 thousand dollars for each day of violation or by imprisonment

136 19 for not more than two years, or both.

136 20 c. (1) A conviction for a person who commits a knowing

136 21 violation is under this subsection is guilty of an aggravated


136 22 misdemeanor punishable by a fine of not more than fifty

136 23 thousand dollars for each day of violation or by imprisonment

136 24 for not more than two years, or both; however, if.

136 25 (2) If the conviction is for a second or subsequent

136 26 violation committed by a person under this subsection, the

136 27 conviction is punishable by a fine of not more than one

136 28 hundred thousand dollars for each day of violation or by

136 29 imprisonment for not more than five years, or both. As used



136 30 in this section, "hazardous substance" means hazardous

136 31 substance as defined in section 455B.381 or section 455B.411.

136 32 3. 4. Any person who knowingly makes any false statement,

136 33 representation, or certification in any application, record,

136 34 report, plan or other document filed or required to be

136 35 maintained under part 1 of division III of this chapter, or
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137 1 who falsifies, tampers with or knowingly renders inaccurate

137 2 any monitoring device or method required to be maintained

137 3 under part 1 of division III of this chapter or by any permit,

137 4 rule, regulation, or order issued under part 1 of division III

137 5 of this chapter, shall upon conviction be punished by a fine

137 6 of not more than ten thousand dollars or by imprisonment in

137 7 the county jail for not more than six months or by both such

137 8 fine and imprisonment.

137 9 4. 5. The attorney general shall, at the request of the

137 10 director with approval of the commission, institute any legal

137 11 proceedings, including an action for an injunction or a

137 12 temporary injunction, necessary to enforce the penalty

137 13 provisions of part 1 of division III of this chapter or to

137 14 obtain compliance with the provisions of part 1 of division

137 15 III of this chapter or any rules promulgated or any provision

137 16 of any permit issued under part 1 of division III of this

137 17 chapter. In any such action, any previous findings of fact of

137 18 the director or the commission after notice and hearing shall

137 19 be conclusive if supported by substantial evidence in the

137 20 record when the record is viewed as a whole.

137 21 5. 6. In all proceedings with respect to any alleged

137 22 violation of the provisions of this part 1 of division III or

137 23 any rule established by the commission or the department, the

137 24 burden of proof shall be upon the commission or the department

137 25 except in an action for contempt as provided in section

137 26 455B.182.

137 27 6. 7. If the attorney general has instituted legal

137 28 proceedings in accordance with this section, all related

137 29 issues which could otherwise be raised by the alleged violator

137 30 in a proceeding for judicial review under section 455B.178

137 31 shall be raised in the legal proceedings instituted in

137 32 accordance with this section.

137 33 Sec. 154. Section 455G.4, subsection 6, Code 2009, is

137 34 amended to read as follows:

137 35 6. REPORTING. Beginning July 2003, the board shall submit
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138 1 a written report quarterly to the legislative council, the

138 2 chairperson and ranking member of the committee on natural



138 3 resources and environment and energy independence in the

138 4 senate, and the chairperson and ranking member of the

138 5 committee on environmental protection in the house of

138 6 representatives regarding changes in the status of the program

138 7 including, but not limited to, the number of open claims by

138 8 claim type; the number of new claims submitted and the

138 9 eligibility status of each claim; a summary of the risk

138 10 classification of open claims; the status of all claims at

138 11 high=risk sites including the number of corrective action

138 12 design reports submitted, approved, and implemented during the

138 13 reporting period; total moneys reserved on open claims and

138 14 total moneys paid on open claims; and a summary of budgets

138 15 approved and invoices paid for high=risk site activities

138 16 including a breakdown by corrective action design report,

138 17 construction and equipment, implementation, operation and

138 18 maintenance, monitoring, over excavation, free product

138 19 recovery, site reclassification, reporting and other expenses,

138 20 or a similar breakdown. In each report submitted by the

138 21 board, the board shall include an estimated timeline to

138 22 complete corrective action at all currently eligible high=risk

138 23 sites where a corrective action design report has been

138 24 submitted by a claimant and approved during the reporting

138 25 period. The timeline shall include the projected year when a

138 26 no further action designation will be obtained based upon the

138 27 corrective action activities approved or anticipated at each

138 28 claimant site. The timeline shall be broken down in annual

138 29 increments with the number or percentage of sites projected to

138 30 be completed for each time period. The report shall identify

138 31 and report steps taken to expedite corrective action and

138 32 eliminate the state's liability for open claims.

138 33 Sec. 155. Section 456A.26, Code 2009, is amended to read

138 34 as follows:

138 35 456A.26 INTERPRETATION AND LIMITATIONS.
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139 1 The foregoing sections Sections 456A.23 through 456A.25

139 2 shall not be construed as authorizing the commission to change

139 3 any penalty for violating any game law or regulation, or

139 4 change the amount of any license established by the

139 5 legislature, or to promulgate any open season on any fish,

139 6 animal or bird contrary to the laws of the state of Iowa, or

139 7 to extend except as provided in this chapter any open season

139 8 or bag limit on any kind of fish, game, fur=bearing animals or

139 9 of any birds prescribed by the laws of the state of Iowa or by

139 10 federal laws or regulations, or to contract any indebtedness

139 11 or obligation beyond the funds to which they are lawfully

139 12 entitled.

139 13 Sec. 156. Section 461B.8, Code 2009, is amended to read as

139 14 follows:

139 15 461B.8 ACTUAL SERVICE WITHIN THIS STATE.

139 16 The foregoing provisions of this chapter relative to

139 17 service of original notice of suit on nonresidents shall not

139 18 be deemed to prevent actual personal service in this state

139 19 upon the nonresident in the time, manner, form and under the

139 20 conditions provided for service on residents.

139 21 Sec. 157. Section 476.6, subsection 20, Code 2009, is

139 22 amended by striking the subsection.

139 23 Sec. 158. Section 483A.27, subsections 1 and 11, Code

139 24 2009, are amended to read as follows:

139 25 1. A person born after January 1, 1972, shall not obtain a

139 26 hunting license unless the person has satisfactorily completed

139 27 a hunter safety and ethics education course approved by the

139 28 commission. A person who is eleven years of age or more may

139 29 enroll in an approved hunter safety and ethics education

139 30 course, but a person who is eleven years of age and who has

139 31 successfully completed the course shall be issued a

139 32 certificate of completion which becomes valid on the person's

139 33 twelfth birthday. A certificate of completion from an

139 34 approved hunter safety and ethics education course issued in

139 35 this state, or a certificate issued by another state, country,
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140 1 or province for completion of a course that meets the

140 2 standards adopted by the international hunter education

140 3 association, is valid for the requirements of this section.

140 4 11. An instructor certified by the department shall be

140 5 allowed to conduct a departmental approved department=approved

140 6 hunter safety and ethics education course or shooting sports

140 7 activities course on public school property with the approval

140 8 of a majority of the board of directors of the school

140 9 district. Conducting an approved hunter safety and ethics

140 10 education course or shooting sports activities course is not a

140 11 violation of any public policy, rule, regulation, resolution,

140 12 or ordinance which prohibits the possession, display, or use

140 13 of a firearm, bow and arrow, or other hunting weapon on public

140 14 school property or other public property in this state.

140 15 Sec. 159. Section 489.108, subsection 3, unnumbered

140 16 paragraph 1, Code 2009, is amended to read as follows:

140 17 A limited liability company may apply to the secretary of

140 18 state for authorization to use a name that does not comply

140 19 with subsection 2. The secretary of state shall authorize use

140 20 of the name applied for if, as to each either of the following

140 21 noncomplying names applies:

140 22 Sec. 160. Section 489.702, subsection 5, paragraph b,

140 23 subparagraph (3), Code 2009, is amended to read as follows:

140 24 (3) Within a reasonable time following the dissolution a

140 25 person has not been appointed pursuant to subsection 3 4.

140 26 Sec. 161. Section 489.1203, subsection 10, paragraph a,

140 27 Code 2009, is amended to read as follows:

140 28 a. Except as otherwise provided in paragraph "b", if a

140 29 member of a member=managed series or manager of a

140 30 manager=managed series consents to a distribution made in

140 31 violation of this section and in consenting to the

140 32 distribution fails to comply with section 489.409, the member

140 33 or manager is personally liable to the series for the amount

140 34 of the distribution that exceeds the amount that could have

140 35 been distributed without the violation of this section
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141 1 489.405.

141 2 Sec. 162. Section 489.1203, subsection 11, Code 2009, is

141 3 amended to read as follows:

141 4 11. A person that receives a distribution knowing that the

141 5 distribution to that person was made in violation of this

141 6 section 489.405 is personally liable to the limited liability

141 7 company but only to the extent that the distribution received

141 8 by the person exceeded the amount that could have been

141 9 properly paid under this section 489.405.

141 10 Sec. 163. Section 490.831, subsection 1, paragraph a,

141 11 subparagraph (2), Code 2009, is amended to read as follows:

141 12 (2) The protection afforded by section 490.870 precludes

141 13 does not preclude liability.

141 14 Sec. 164. Section 496C.14, Code 2009, is amended to read

141 15 as follows:

141 16 496C.14 REQUIRED PURCHASE BY PROFESSIONAL CORPORATION OF

141 17 ITS OWN SHARES.

141 18 1. a. Notwithstanding any other statute or rule of law, a

141 19 professional corporation shall purchase its own shares as

141 20 provided in this section; and the shareholders of a

141 21 professional corporation and their executors, administrators,

141 22 legal representatives, and successors in interest shall sell

141 23 and transfer the shares held by them as provided in this

141 24 section.

141 25 b. The corporation may validly purchase its own shares

141 26 even though its net assets are less than its stated capital,

141 27 or even though by so doing its net assets would be reduced

141 28 below its stated capital.

141 29 c. Upon the death of a shareholder, the professional

141 30 corporation shall immediately purchase all shares held by the

141 31 deceased shareholder.

141 32 2. In order to remain a shareholder of a professional

141 33 corporation, a shareholder shall at all times be licensed to

141 34 practice in this state a profession which the corporation is

141 35 authorized to practice. Whenever any shareholder does not
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142 1 have or ceases to have this qualification, the corporation

142 2 shall immediately purchase all shares held by that

142 3 shareholder.

142 4 3. Whenever any person other than the shareholder of

142 5 record becomes entitled to have shares of a corporation

142 6 transferred into that person's name or to exercise voting

142 7 rights, except as a proxy, with respect to shares of the

142 8 corporation, the corporation shall immediately purchase such

142 9 shares. Without limiting the generality of the foregoing,

142 10 this section shall be applicable whether the event occurs as a

142 11 result of the appointment of a guardian or conservator for a

142 12 shareholder or the shareholder's property, transfer of shares

142 13 by operation of law, involuntary transfer of shares, judicial

142 14 proceedings, execution, levy, bankruptcy proceedings,

142 15 receivership proceedings, foreclosure or enforcement of a

142 16 pledge or encumbrance, or any other situation or occurrence.

142 17 However, this section does not apply to any voluntary transfer

142 18 of shares as defined in this chapter.

142 19 4. Shares purchased by the corporation under the

142 20 provisions of this section shall be transferred to the

142 21 corporation as of the close of business on the date of the

142 22 death or other event which requires purchase. The shareholder

142 23 and the shareholder's executors, administrators, legal

142 24 representatives, or successors in interest shall promptly do

142 25 all things which may be necessary or convenient to cause

142 26 transfer to be made as of the transfer date. However, the

142 27 shares shall promptly be transferred on the stock transfer

142 28 books of the corporation as of the transfer date,

142 29 notwithstanding any delay in transferring or surrendering the

142 30 shares or certificates representing the shares, and the

142 31 transfer shall be valid and effective for all purposes as of

142 32 the close of business on the transfer date. The purchase

142 33 price for such shares shall be paid as provided in this

142 34 chapter, but the transfer of shares to the corporation as

142 35 provided in this section shall not be delayed or affected by

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143 1 any delay or default in making payment.

143 2 5. Notwithstanding the foregoing provisions of this



143 3 section subsections 1 through 4, purchase by the corporation

143 4 is not required upon the occurrence of any event other than

143 5 death of a shareholder if the corporation is dissolved or

143 6 voluntarily elects to adopt the provisions of the Iowa

143 7 business corporation Act, as provided in section 490.1701,

143 8 subsection 2, within sixty days after the occurrence of the

143 9 event. The articles of incorporation or bylaws may provide

143 10 that purchase is not required upon the death of a shareholder

143 11 if the corporation is dissolved within sixty days after the

143 12 death. Notwithstanding the foregoing provisions of this


143 13 section subsections 1 through 4, purchase by the corporation

143 14 is not required upon the death of a shareholder if the

143 15 corporation voluntarily elects to adopt the provisions of the

143 16 Iowa business corporation Act, as provided in section

143 17 490.1701, subsection 2, within sixty days after death.

143 18 6. Unless otherwise provided in the articles of

143 19 incorporation or bylaws or in an agreement among all

143 20 shareholders of the professional corporation:

143 21 1. a. The purchase price for shares shall be their book

143 22 value as of the end of the month immediately preceding the

143 23 death or other event which requires purchase. Book value

143 24 shall be determined from the books and records of the

143 25 professional corporation in accordance with the regular method

143 26 of accounting used by the corporation, uniformly and

143 27 consistently applied. Adjustments to book value shall be

143 28 made, if necessary, to take into account work in process and

143 29 accounts receivable. Any final determination of book value

143 30 made in good faith by any independent certified public

143 31 accountant or firm of certified public accountants employed by

143 32 the corporation for the purpose shall be conclusive on all

143 33 persons.

143 34 2. b. The purchase price shall be paid in cash as

143 35 follows:
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144 1 (1) Upon the death of a shareholder, thirty percent of the

144 2 purchase price shall be paid within ninety days after death,

144 3 and the balance shall be paid in three equal annual

144 4 installments on the first three anniversaries of the death.

144 5 (2) Upon the happening of any other event referred to in

144 6 this section, one=tenth of the purchase price shall be paid

144 7 within ninety days after the date of such event, and the

144 8 balance shall be paid in three equal annual installments on




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