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



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192 18 whether the violation is charged upon uniform citation and

192 19 complaint, indictment, or county attorney's information.

192 20 DIVISION III

192 21 RELATED CHANGES

192 22 Sec. 226. Section 96.3, subsection 4, Code 2009, is

192 23 amended to read as follows:

192 24 4. DETERMINATION OF BENEFITS. With respect to benefit

192 25 years beginning on or after July 1, 1983, an eligible

192 26 individual's weekly benefit amount for a week of total

192 27 unemployment shall be an amount equal to the following

192 28 fractions of the individual's total wages in insured work paid

192 29 during that quarter of the individual's base period in which

192 30 such total wages were highest; the director shall determine

192 31 annually a maximum weekly benefit amount equal to the

192 32 following percentages, to vary with the number of dependents,

192 33 of the statewide average weekly wage paid to employees in

192 34 insured work which shall be effective the first day of the

192 35 first full week in July:
Senate File 449 - Introduced continued
193 1 If the The weekly Subject to

193 2 number of benefit amount the following

193 3 dependents shall equal maximum

193 4 is: the following percentage of

193 5 fraction of high the statewide

193 6 quarter wages: average

193 7 weekly wage:

193 8 0 1/23 53%

193 9 1 1/22 55%

193 10 2 1/21 57%

193 11 3 1/20 60%

193 12 4 or more 1/19 65%

193 13 The maximum weekly benefit amount, if not a multiple of one

193 14 dollar shall be rounded to the lower multiple of one dollar.

193 15 However, until such time as sixty=five percent of the

193 16 statewide average weekly wage exceeds one hundred ninety

193 17 dollars, the maximum weekly benefit amounts shall be

193 18 determined using the statewide average weekly wage computed on

193 19 the basis of wages reported for calendar year 1981. As used

193 20 in this section "dependent" means dependent as defined in

193 21 section 422.12, subsection 1, paragraph "c" "a", as if the

193 22 individual claimant was a taxpayer, except that an individual

193 23 claimant's nonworking spouse shall be deemed to be a dependent

193 24 under this section. "Nonworking spouse" means a spouse who

193 25 does not earn more than one hundred twenty dollars in gross

193 26 wages in one week.

193 27 Sec. 227. Section 147.1, subsection 5, paragraph e, Code

193 28 2009, is amended to read as follows:

193 29 e. The board of trustees of a licensed hospital when

193 30 performing a function relating to the reporting required by

193 31 section 147.135, subsection 3 4.

193 32 Sec. 228. Section 203D.5, subsection 1, Code 2009, is

193 33 amended to read as follows:

193 34 1. The board shall review annually the debits of and

193 35 credits to the grain depositors and sellers indemnity fund
Senate File 449 - Introduced continued
194 1 created in section 203D.3 and shall make any adjustments in

194 2 the per=bushel fee required under section 203D.3, subsection

194 3 2, and the dealer=warehouse fee required under section 203D.3,

194 4 subsection 3, that are necessary to maintain the fund within

194 5 the limits established under this section. Not later than the

194 6 first day of May of each year, the board shall determine the

194 7 proposed amount of the per=bushel fee based on the expected

194 8 volume of grain on which the fee is to be collected and that

194 9 is likely to be handled under this chapter, and shall also

194 10 determine any adjustment to the dealer=warehouse fee. The

194 11 board shall make any changes in the previous year's fees in

194 12 accordance with chapter 17A. Changes in the fees shall become

194 13 effective on the following first day of July. The per=bushel

194 14 fee shall not exceed one=quarter cent per bushel on all

194 15 purchased grain as defined in section 203D.3 203D.1. Until

194 16 the per=bushel fee is adjusted or waived as provided in this

194 17 section, the per=bushel fee is one=quarter cent on all

194 18 purchased grain.

194 19 Sec. 229. Section 216B.3, subsection 15, Code 2009, is

194 20 amended to read as follows:

194 21 15. Develop a plan to provide telephone yellow pages

194 22 information without charge to persons declared to be blind

194 23 under the standards in section 422.12, subsection 1 2,

194 24 paragraph "e" "a", subparagraph (5). The department may apply

194 25 for federal funds to support the service. The program shall

194 26 be limited in scope by the availability of funds.

194 27 Sec. 230. Section 236.6, subsection 1, Code 2009, is

194 28 amended to read as follows:

194 29 1. When the court is unavailable from the close of

194 30 business at the end of the day or week to the resumption of

194 31 business at the beginning of the day or week, a petition may

194 32 be filed before a district judge, or district associate judge

194 33 designated by the chief judge of the judicial district, who

194 34 may grant emergency relief in accordance with section 236.5,

194 35 subsection 2 1, paragraph "b", if the district judge or
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195 1 district associate judge deems it necessary to protect the

195 2 plaintiff from domestic abuse, upon good cause shown in an ex

195 3 parte proceeding. Present danger of domestic abuse to the

195 4 plaintiff constitutes good cause for purposes of this

195 5 subsection.

195 6 Sec. 231. Section 237.3, subsection 2, paragraph g,

195 7 subparagraph (5), Code 2009, is amended to read as follows:

195 8 (5) Educational programs, including special education as

195 9 defined in section 256B.2, subsection 2 1, paragraph "b",

195 10 where appropriate, which are approved by the state board of

195 11 education. The department shall not promulgate rules which

195 12 regulate individual licensees in the subject areas enumerated

195 13 in this paragraph.

195 14 Sec. 232. Section 238.17, Code 2009, is amended to read as

195 15 follows:

195 16 238.17 FORMS FOR REGISTRATION AND RECORD == PRESERVATION.

195 17 1. The administrator shall prescribe forms for the

195 18 registration and record of persons cared for by any

195 19 child=placing agency licensed under this chapter and for

195 20 reports required by said administrator from the agencies.

195 21 2. If, for any reason, a child=placing agency as defined

195 22 by section 238.2 238.1 shall cease to exist, all records of

195 23 registration and placement and all other records of any kind

195 24 and character kept by such child=placing agency shall be

195 25 turned over to the administrator, for preservation, to be kept

195 26 by the said administrator as a permanent record.

195 27 Sec. 233. Section 256F.9, Code 2009, is amended to read as

195 28 follows:

195 29 256F.9 PROCEDURES AFTER REVOCATION == STUDENT ENROLLMENT.

195 30 If a charter school contract is revoked in accordance with

195 31 this chapter, a nonresident student who attended the school,

195 32 and any siblings of the student, shall be determined to have

195 33 shown good cause as provided in section 282.18, subsection 16

195 34 14, and may submit an application to another school district

195 35 according to section 282.18 at any time. Applications and
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196 1 notices required by section 282.18 shall be processed and

196 2 provided in a prompt manner. The application and notice

196 3 deadlines in section 282.18 do not apply to a nonresident

196 4 student application under these circumstances.

196 5 Sec. 234. Section 306C.10, subsection 9, Code 2009, is

196 6 amended to read as follows:

196 7 9. "Information center" means a site, either with or

196 8 without structures or buildings, established and maintained at

196 9 a rest area for the purpose of providing "information of

196 10 specific interest to the traveling public", as that phrase is

196 11 defined in section 306C.11, subsection 5 306C.10.

196 12 Sec. 235. Section 313.4, subsection 6, paragraph a, Code

196 13 2009, is amended to read as follows:

196 14 a. A transfer of jurisdiction fund is created in the

196 15 office of the treasurer of state under the control of the

196 16 department. For each fiscal year in the period beginning July

196 17 1, 2003, and ending June 30, 2013, there is transferred from

196 18 the primary road fund to the transfer of jurisdiction fund one

196 19 and seventy=five hundredths percent of the moneys credited to

196 20 the primary road fund pursuant to section 312.2, subsection 1,


196 21 paragraph "a".

196 22 Sec. 236. Section 313.4, subsection 7, unnumbered

196 23 paragraph 1, Code 2009, is amended to read as follows:

196 24 For the fiscal year beginning July 1, 2013, and ending June

196 25 30, 2014, and each subsequent fiscal year, there is

196 26 transferred the following percentages of the moneys credited

196 27 to the primary road fund pursuant to section 312.2, subsection

196 28 1, paragraph "a", to the following funds:

196 29 Sec. 237. Section 314.21, subsection 1, Code 2009, is

196 30 amended to read as follows:

196 31 1. a. The living roadway trust fund is created in the

196 32 office of the treasurer of state. The moneys in this fund

196 33 shall be used exclusively for the development and

196 34 implementation of integrated roadside vegetation plans.

196 35 Except as provided in subsections 2 and 3, the moneys shall
Senate File 449 - Introduced continued

197 1 only be expended for areas on or adjacent to road, street, and

197 2 highway right=of=ways. The state department of transportation

197 3 in consultation with the department of natural resources shall

197 4 establish standards relating to the type of projects available

197 5 for assistance. For the fiscal period beginning July 1, 1988,

197 6 and ending March 31, 1990, the moneys in the fund shall be

197 7 expended as follows: fifty=six percent on state department of

197 8 transportation projects; thirty percent on county projects;

197 9 and fourteen percent on city projects.

197 10 b. A city or county which has a project which qualifies

197 11 for the use of these funds shall submit a request for the

197 12 funds to the state department of transportation. A city or

197 13 county may, at its option, apply moneys allocated for use on

197 14 city or county projects under this subsection toward

197 15 qualifying projects on the primary system. The state

197 16 department of transportation in consultation with the

197 17 department of natural resources shall determine which projects

197 18 qualify for the funds and which projects shall be funded if

197 19 the requests for the funds exceed the availability of the

197 20 funds. In ranking applications for funds, the department

197 21 shall consider the proportion of political subdivision

197 22 matching funds to be provided, if any, and the proportion of

197 23 private contributions to be provided, if any. In considering

197 24 the proportion of political subdivision matching funds

197 25 provided, the department shall consider only those moneys

197 26 which are in addition to those which the political subdivision

197 27 has historically provided toward such projects. Funds

197 28 allocated to the cities, the counties, and the department

197 29 which are not programmed by the end of each fiscal year shall

197 30 be available for redistribution to any eligible applicant

197 31 regardless of the original allocation of funds. Such funds

197 32 shall be awarded for eligible projects based upon their merit

197 33 in meeting the program objectives established by the

197 34 department under section 314.22. The department shall submit

197 35 a report of all projects funded in the previous fiscal year to
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198 1 the governor and to the general assembly on January 15 of each

198 2 year.

198 3 c. Beginning April 1, 1990, the moneys in the living

198 4 roadway trust fund shall be allocated between the state,

198 5 counties, and cities in the same proportion that the road use

198 6 tax funds are allocated under section 312.2, subsections

198 7 subsection 1, 2, 3, and 4 paragraphs "a", "b", "c", and "d".

198 8 However, after April 1, 1990, a city or county shall not be

198 9 eligible to receive moneys from the living roadway trust fund

198 10 unless the city or county has an integrated roadside

198 11 vegetation management plan in place consistent with the

198 12 objectives in section 314.22.

198 13 Sec. 238. Section 321.233, Code 2009, is amended to read

198 14 as follows:

198 15 321.233 ROAD WORKERS EXEMPTED.

198 16 This chapter, except sections 321.277 and 321.280, does not

198 17 apply to persons and motor vehicles and other equipment while

198 18 actually engaged in work upon the surface of a highway

198 19 officially closed to traffic but does apply to such persons

198 20 and vehicles when traveling to or from such work. The minimum

198 21 speed restriction of section 321.285, subsection 6 5, and the

198 22 provisions of sections 321.297, 321.298, and 321.323 do not

198 23 apply to road workers operating maintenance equipment on

198 24 behalf of any state or local authority while engaged in road

198 25 maintenance, road blading, snow and ice control and removal,

198 26 and granular resurfacing work on a highway, whether or not the

198 27 highway is closed to traffic.

198 28 Sec. 239. Section 327G.30, Code 2009, is amended to read

198 29 as follows:

198 30 327G.30 ADJUSTMENT OF EXPENSE.

198 31 1. If a grade crossing surface of a railroad track and a

198 32 highway, street, or alley shall require repairs or

198 33 maintenance, the costs for the maintenance may be paid as

198 34 provided in section 312.2, subsection 5 2.

198 35 2. If the railroad corporation and the jurisdiction having
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199 1 authority agree on the method of crossing maintenance and

199 2 establish an agreement to each contribute costs as provided in

199 3 section 312.2, subsection 5 2, a copy of the agreement shall

199 4 be filed with the department which shall allocate an amount of

199 5 the cost for the work if funds are available in the highway

199 6 railroad grade crossing surface repair fund. The department

199 7 shall make appropriate notification if the fund is exhausted

199 8 in which case agreements shall not be made under this section

199 9 until additional funds are available. The fund shall be

199 10 administered by the department.

199 11 3. Upon completion of the agreed repair work, a statement

199 12 of costs shall be filed with the department by the railroad

199 13 corporation in a form and manner prescribed by the department.

199 14 The department, upon approval of the statement, shall pay to

199 15 the railroad corporation an amount of the cost of the work

199 16 from the highway railroad grade crossing surface repair fund

199 17 as provided in section 312.2, subsection 5 2. The owner of

199 18 the track and the jurisdiction entering into the agreement

199 19 shall each pay the cost as provided in section 312.2,

199 20 subsection 5 2.

199 21 Sec. 240. Section 331.362, subsection 9, Code 2009, is

199 22 amended to read as follows:

199 23 9. A county may regulate traffic on and use of the

199 24 secondary roads, in accordance with sections 321.236 to

199 25 321.250, 321.254, 321.255, 321.285, subsection 5 4, sections

199 26 321.352, 321.471 to 321.473, and other applicable provisions

199 27 of chapter 321, and sections 321G.9, 321I.10, and 327G.15.

199 28 Sec. 241. Section 422.8, subsection 4, Code 2009, is

199 29 amended to read as follows:

199 30 4. The amount of minimum tax paid to another state or

199 31 foreign country by a resident taxpayer of this state from

199 32 preference items derived from sources outside of Iowa shall be

199 33 allowed as a credit against the tax computed under this

199 34 division except that the credit shall not exceed what the

199 35 amount of state alternative minimum tax would have been on the

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200 1 same preference items which were taxed by the other state or

200 2 foreign country. The limitation on this credit shall be

200 3 computed according to the following formula: The total of

200 4 preference items earned outside of Iowa and taxed by another

200 5 state or foreign country shall be divided by the total of

200 6 preference items of the resident taxpayer of Iowa. In

200 7 computing this quotient, those items excludable under section

200 8 422.5, subsection 1 2, paragraph "k" "b", subparagraph (1)

200 9 shall not be used in computing the preference items. This

200 10 quotient multiplied times the net state alternative minimum

200 11 tax as determined in section 422.5, subsection 1 2, paragraph

200 12 "k" on the total of preference items as if entirely earned in

200 13 Iowa shall be the maximum tax credit against the Iowa

200 14 alternative minimum tax. However, the maximum tax credit will

200 15 not be allowed to the extent that the minimum tax imposed by

200 16 the other state or foreign country is less than the maximum

200 17 tax credit computed above.

200 18 Sec. 242. Section 422.11B, Code 2009, is amended to read

200 19 as follows:

200 20 422.11B MINIMUM TAX CREDIT.

200 21 1. a. There is allowed as a credit against the tax

200 22 determined in section 422.5, subsection 1, paragraphs "a"

200 23 through "j" for a tax year an amount equal to the minimum tax

200 24 credit for that tax year.

200 25 b. The minimum tax credit for a tax year is the excess, if

200 26 any, of the net minimum tax imposed for all prior tax years

200 27 beginning on or after January 1, 1987, over the amount

200 28 allowable as a credit under this section for those prior tax

200 29 years.

200 30 2. a. The allowable credit under subsection 1 for a tax

200 31 year shall not exceed the excess, if any, of the tax

200 32 determined in section 422.5, subsection 1, paragraphs "a"

200 33 through "j" over the state alternative minimum tax as

200 34 determined in section 422.5, subsection 1, paragraph "k" 2.

200 35 b. The net minimum tax for a tax year is the excess, if

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201 1 any, of the tax determined in section 422.5, subsection 1 2,

201 2 paragraph "k" for the tax year over the tax determined in

201 3 section 422.5, subsection 1, paragraphs "a" through "j" for

201 4 the tax year.

201 5 Sec. 243. Section 422.13, subsection 1, paragraph c, Code

201 6 2009, is amended to read as follows:

201 7 c. However, if that part of the net income of a

201 8 nonresident which is allocated to Iowa pursuant to section

201 9 422.8, subsection 2, is less than one thousand dollars the

201 10 nonresident is not required to make and sign a return except

201 11 when the nonresident is subject to the state alternative

201 12 minimum tax imposed pursuant to section 422.5, subsection 1,


201 13 paragraph "k" 2.

201 14 Sec. 244. Section 422.13, subsection 1A, Code 2009, is

201 15 amended to read as follows:

201 16 1A. Notwithstanding any other provision in this section, a

201 17 resident of this state is not required to make and file a

201 18 return if the person's net income is equal to or less than the

201 19 appropriate dollar amount listed in section 422.5, subsection

201 20 2 3, upon which tax is not imposed. A nonresident of this

201 21 state is not required to make and file a return if the

201 22 person's total net income in section 422.5, subsection 1,

201 23 paragraph "j", is equal to or less than the appropriate dollar

201 24 amount provided in section 422.5, subsection 2 3, upon which

201 25 tax is not imposed. For purposes of this subsection, the

201 26 amount of a lump sum distribution subject to separate federal

201 27 tax shall be included in net income for purposes of

201 28 determining if a resident is required to file a return and the

201 29 portion of the lump sum distribution that is allocable to Iowa

201 30 is included in total net income for purposes of determining if

201 31 a nonresident is required to make and file a return.

201 32 Sec. 245. Section 437A.14, subsection 4, Code 2009, is

201 33 amended to read as follows:

201 34 4. a. Notwithstanding subsections 2 and 3, the chief

201 35 financial officer of any local taxing authority and any

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202 1 designee of such officer shall have access to any computations

202 2 made by the director pursuant to the provisions of this

202 3 chapter, and any tax return or other information used by the

202 4 director in making such computations, which affect the

202 5 replacement tax owed by any such taxpayer.

202 6 b. Notwithstanding this section, providing information

202 7 relating to the kilowatt=hours of electricity or therms of

202 8 natural gas delivered by a taxpayer in a competitive service

202 9 area to the task force established in section 437A.15,

202 10 subsection 7, or to the study committee established in section


202 11 476.6, subsection 20, is not a violation of this section.

202 12 Sec. 246. Section 455B.178, Code 2009, is amended to read

202 13 as follows:

202 14 455B.178 JUDICIAL REVIEW.

202 15 Except as provided in section 455B.191, subsection 6 5,

202 16 judicial review of any order or other action of the commission

202 17 or of the director may be sought in accordance with the terms

202 18 of the Iowa administrative procedure Act, chapter 17A.

202 19 Notwithstanding the terms of said Act, petitions for judicial

202 20 review may be filed in the district court of the county in

202 21 which the alleged offense was committed or such final order

202 22 was entered.

202 23 Sec. 247. Section 600A.2, subsection 2, Code 2009, is

202 24 amended to read as follows:

202 25 2. "Agency" means a child=placing agency as defined in

202 26 section 238.2 238.1 or the department.

202 27 Sec. 248. Section 600A.6B, subsections 1 and 2, Code 2009,

202 28 are amended to read as follows:

202 29 1. A person filing a petition for termination of parental

202 30 rights under this chapter or the person on whose behalf the

202 31 petition is filed shall be responsible for the payment of

202 32 reasonable attorney fees for counsel appointed pursuant to

202 33 section 600A.6A unless the person filing the petition is a

202 34 private child=placing agency as defined in section 238.2 238.1

202 35 or unless the court determines that the person filing the
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203 1 petition or the person on whose behalf the petition is filed

203 2 is indigent.

203 3 2. If the person filing the petition is a private

203 4 child=placing agency as defined in section 238.2 238.1 or if

203 5 the person filing the petition or the person on whose behalf

203 6 the petition is filed is indigent, the appointed attorney

203 7 shall be paid reasonable attorney fees as determined by the

203 8 state public defender.

203 9 DIVISION IV

203 10 EFFECTIVE DATES

203 11 Sec. 249. EFFECTIVE DATES.

203 12 1. The section of this Act that amends section 294A.9,

203 13 subsection 9, Code 2009, being deemed of immediate importance,

203 14 takes effect upon enactment.

203 15 2. The section of this Act that amends 2008 Iowa Acts,

203 16 chapter 1191, section 109, being deemed of immediate

203 17 importance, takes effect upon enactment and applies

203 18 retroactively to July 1, 2008.

203 19 EXPLANATION

203 20 This bill contains statutory corrections that adjust

203 21 language to reflect current practices, insert earlier

203 22 omissions, delete redundancies and inaccuracies, delete

203 23 temporary language, resolve inconsistencies and conflicts,

203 24 update ongoing provisions, or remove ambiguities. The Code

203 25 sections amended include the following:

203 26 DIVISION I == MISCELLANEOUS PROVISIONS. Code section

203 27 6B.14: Strikes the word "aforesaid" and adds after the word

203 28 "notices" the words "required by" and a citation to Code

203 29 section 6B.8, to clarify just which notices are being referred

203 30 to in this Code section.

203 31 Code sections 9D.1 and 9D.2: Moves a definition that

203 32 applies to the entire Code chapter, from Code section 9D.2,

203 33 and places it in alphabetical order with other definitions at

203 34 the beginning of the Code chapter, precedes the listing of

203 35 definitions with the standard phrasing relating to
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204 1 applicability of the definitions, and renumbers the

204 2 definitions. Code section 9D.2 is also renumbered and

204 3 internal references are updated due to the elimination of the

204 4 definition from that Code section.

204 5 Code section 10.1: Changes the word "that" to "each" to

204 6 conform the language relating to percentage of ownership by

204 7 farmers cooperative associations to the initial language in

204 8 the same sentence that indicates that more than one type of

204 9 membership interest may be established.

204 10 Code section 15.103: Adds clarifying language in two

204 11 places to specify that the requirements relating to expertise

204 12 and active employment apply to the voting membership of the

204 13 economic development board.

204 14 Code section 15.247(2): Adds the name of the targeted

204 15 small business financial assistance program to the enabling

204 16 language for the program, moves some language, and adds

204 17 paragraph designations.

204 18 Code section 16.1(1): Substitutes the word "which" for the

204 19 word "and" and strikes an extraneous modifying phrase to

204 20 clarify the meaning of the word "powers" within the Code

204 21 chapter pertaining to the Iowa finance authority.

204 22 Code section 24.20: Substitutes a singular reference for a

204 23 plural reference to municipalities and adds the words "tax

204 24 rates and levies" after the word "such" to clarify that the

204 25 tax rates and levies certified by a given municipality are the

204 26 rates and levies for that particular municipality, unless the

204 27 particular rates or levies must be authorized by a vote of the

204 28 people.

204 29 Code section 26.14: Conforms phraseology relating to

204 30 determination of which bid is the lowest responsible bid on a

204 31 public improvement to other language that states that the bid

204 32 must be the lowest responsive, responsible bid.

204 33 Code section 42.3: Clarifies, in language in subsection 1,

204 34 paragraph "b", that provides that certain deadlines may be

204 35 extended, which dates and deadlines are actually intended.
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205 1 Current language specifies the entire subsection, although the

205 2 dates that are to be extended under this paragraph are located

205 3 in paragraph "a". In addition, in subsection 2, language is

205 4 moved from the end of the sentence to a location which is

205 5 closer to the verb "transmit" to clarify that the language in

205 6 subsection 1 references the time frame in which the

205 7 transmission of information by the chief clerk of the house of

205 8 representatives or the secretary of the senate should occur

205 9 and not the reasons why the reapportionment plan was not

205 10 approved.

205 11 Code section 46.2A: Substitutes references to Code chapter

205 12 40 for Code chapter 42 in two places, because the

205 13 congressional districts are described in Code chapter 40, not

205 14 Code chapter 42.

205 15 Code section 49.36: Strikes the words "the foregoing" and

205 16 adds a cite to Code sections 49.32 and 49.35 to clarify in

205 17 which Code sections the phrase "group of petitioners" means an

205 18 organization which is not a political party as defined by law.

205 19 Code section 52.25(2): Strikes words relating to special

205 20 paper and inserts used in voting machines to conform to

205 21 changes made in 2007 Iowa Acts, chapter 190.

205 22 Code sections 62.1A and 62.2: Substitutes references to

205 23 the term "member" for references to "person" and "judge" or

205 24 "judges" and "officer" to conform terminology within this

205 25 provision to language used in Code chapter 61 to describe the

205 26 contest court that hears disputes concerning the election of

205 27 state officers and to distinguish references to the members of

205 28 the contest court from members of the judiciary. A

205 29 grammatical problem is also corrected in Code section 62.2.

205 30 Code section 68B.22(4): Conforms the term used to describe

205 31 an exception to a provision describing when a gift to a public

205 32 official or employee may be permitted to the term used in the

205 33 provision describing the exception for certain legislative

205 34 functions. This conforms this Code subsection to the changes

205 35 made by 2005 Iowa Acts, chapter 76, section 5.
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206 1 Code section 73.16(2): Strikes an obsolete reference to an

206 2 initial quarterly report that was required to be made by state

206 3 government agencies or departments to the targeted small

206 4 business marketing and compliance manager on September 30,

206 5 2007.

206 6 Code section 75.1(1): Substitutes the word "Ballots" for

206 7 "All ballots" and the word "but" for the word "and" to clarify

206 8 which ballots are not to be used to compute the total number

206 9 of votes for and against a proposition to authorize the

206 10 issuance of bonds by a city, county township, school

206 11 corporation, or any local board or commission.

206 12 Code section 85.59: Numbers a provision and restructures

206 13 language establishing definitions within a provision

206 14 establishing when workers' compensation benefits may be

206 15 awarded to inmates of a correctional institution to facilitate

206 16 citation.

206 17 Code section 85.66: Conforms capitalization of the name of

206 18 the fund to Code style and numbers this provision establishing

206 19 the second injury fund to facilitate citation; substitutes a

206 20 reference to identical language in another Code section for

206 21 language specifying the amount that is to be reimbursed to the

206 22 attorney general for services related to the second injury

206 23 fund to eliminate the redundancy; and moves language regarding

206 24 investments of surplus moneys by the treasurer of state to a

206 25 location in the Code section which follows multiple provisions

206 26 relating to disbursements by the treasurer from the fund.

206 27 Code section 89.11: Numbers this provision containing two

206 28 separate instances in which the labor commissioner may seek an

206 29 injunction against an owner, user, or person in charge of

206 30 defective equipment and clarifies the second instance by

206 31 adding conforming language relating to conduct from which the

206 32 owner, user, or person is requested to be enjoined and

206 33 conforming language describing the point in time in which the

206 34 injunction may be sought.

206 35 Code section 96.19(17): Adds language conforming a
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207 1 reference to "the foregoing provisions" to other references

207 2 within this Code subsection to "subsection 16 or section 96.8,

207 3 subsection 3".

207 4 Code section 100B.1(1): Adds the word "voting" to this

207 5 provision to clarify that these particular public members of

207 6 the state fire service and emergency response council are

207 7 voting members of the council. This change is consistent with

207 8 initial language in this Code section specifying that the

207 9 council has 11 voting members and one ex officio member.

207 10 Code section 100C.3(2): Strikes the word "not" and

207 11 substitutes the word "confidential" for the word "public" to

207 12 clarify that the criminal history check results are

207 13 confidential public records under the public records law.

207 14 This change is consistent with Code section 692.8A, which

207 15 governs the dissemination of criminal history records under

207 16 the public records chapter, Code chapter 22.

207 17 Code section 103.15(2): Rewrites the language referring to

207 18 continuous employment of an employee to conform with changes

207 19 made to that language by 2008 Iowa Acts, chapter 1092, section

207 20 20.

207 21 Code section 103.30: Adds the words "the employees are" to

207 22 clarify that the time frame during which the electrical work

207 23 of certain employees is not required to be inspected is when

207 24 those employees are acting within the scope of their

207 25 employment.

207 26 Code section 125.86(3): Conforms terminology used in

207 27 language added to both this provision and Code section 229.15,

207 28 subsection 2, by 2008 Iowa Acts, chapter 1082, to the

207 29 terminology used to describe the persons and process used for

207 30 hospitalization of persons for substance abuse treatment.

207 31 Code section 135.1(4): Strikes, within the definition of

207 32 the term "physician" in the Code chapter relating to the

207 33 department of public health, a phrase that refers to

207 34 designations to be used by persons licensed as osteopaths.

207 35 Code chapter 150, which provided for the licensing of
Senate File 449 - Introduced continued
208 1 osteopaths, was repealed by 2008 Iowa Acts, chapter 1088.

208 2 Code section 135.17(1): Strikes the words "or 150" to

208 3 conform to the changes made in 2008 Iowa Acts, chapter 1088.

208 4 The Code chapters relating to osteopathy and osteopathic

208 5 medicine and surgery were repealed in that Act, but those

208 6 persons licensed to perform osteopathic medicine and surgery

208 7 under former Code chapter 150A were subsumed into Code chapter

208 8 148 (licensing procedures).

208 9 Code section 135.24(6): Adds a reference to the licensing

208 10 of speech pathologists and audiologists to the list of other

208 11 licensed health care providers regulated by boards of those

208 12 particular professions and under the jurisdiction of the

208 13 department of public health.

208 14 Code section 135.37(6): Conforms language relating to

208 15 inspections and enforcement activities of the local boards of

208 16 health with respect to tattooing establishments with earlier

208 17 language describing an intent to avoid duplication of those

208 18 efforts with the same efforts by the department of public

208 19 health.

208 20 Code section 135.159: Strikes language referencing the

208 21 licensing of physicians pursuant to Code chapter 150 to

208 22 conform with changes made by 2008 Iowa Acts, chapter 1088,

208 23 which placed osteopathic physicians together with physicians

208 24 who possess an M.D. under the Code chapter 148 licensing

208 25 procedures and the authority of the board of medicine.

208 26 Code sections 135B.20, 136C.1, 136C.3, 142.1, 142C.2, and

208 27 162.2: Replaces the term "osteopathy" with the term

208 28 "osteopathic medicine" to correct a terminology change

208 29 oversight in 2008 Iowa Acts, chapter 1088.

208 30 Code section 135C.33(5): Corrects a reference by name to

208 31 the homemaker=home health aide services program in language

208 32 relating to child or dependent adult abuse and criminal record

208 33 checks.

208 34 Code section 137F.3A(1): Restructures and renumbers

208 35 language enumerating the conditions which must be met before
Senate File 449 - Introduced continued
209 1 the department of inspections and appeals may employ

209 2 additional persons to enforce the provisions of the hotel

209 3 sanitation, home food establishment, and food establishment

209 4 and food processing plant Code chapters.

209 5 Code section 137F.6(1): Restructures language relating to

209 6 license fees charged to food establishments to conform to the

209 7 style of other provisions within this subsection.

209 8 Code section 142A.3: Restructures and renumbers language

209 9 establishing the commission on tobacco use prevention and

209 10 control and the advisory council to the commission.

209 11 Code section 144.14: Renumbers and conforms the phrase "of

209 12 finding" to the phrase "the child was found" which is used

209 13 elsewhere in the provision relating to reports and

209 14 certificates of birth for foundlings.

209 15 Code section 144C.2(3) and 144C.3(4): Changes the term

209 16 "assisted living program facility" to the term "assisted

209 17 living program" to conform the terminology used in Code

209 18 chapter 144C, which relates to final disposition of human

209 19 remains, with the terminology used in Code chapter 231C to

209 20 describe certified programs which provide housing with

209 21 services for assisted living.

209 22 Code section 147.14: Replaces a reference to Code chapter

209 23 147 with a reference to Code chapter 155 in language that

209 24 excludes persons licensed as nursing home administrators from

209 25 being public members of the board for nursing home

209 26 administrators to conform to changes made by 2008 Iowa Acts,

209 27 chapter 1088.

209 28 Code section 147.55: Rewrites the first paragraph in this

209 29 provision to clarify that, although a licensee's license may

209 30 be suspended or revoked if a licensee commits one of the

209 31 enumerated acts or offenses, the licensee as an individual

209 32 would be subject to discipline by the board for the licensee's

209 33 profession.

209 34 Code section 147.80: Adds language relating to

209 35 registration and certification of health care professionals to
Senate File 449 - Introduced continued
210 1 reflect the fact that some of the health care professionals

210 2 regulated under Code chapter 147 and other Code chapters

210 3 register with or are issued a certificate by their respective

210 4 boards, instead of being licensed. This addition clarifies

210 5 that all of the health care profession boards have the same

210 6 authority to verify a practitioner's status before the board.

210 7 Code section 147.85: Updates language relating to

210 8 impersonation of a health care practitioner to conform to

210 9 other provisions throughout the Code, including Code sections

210 10 80.6, 103.38, 103.39, 155A.20, 169.18, 206.11, 341A.17,

210 11 542B.25, 542B.27, and 544A.15, which deal with impersonation

210 12 of various professionals, officials, or public employees.

210 13 Code section 147.135: Strikes references to "chapter 150,

210 14 or chapter 150A" to conform to the changes regarding physician

210 15 licensure in 2008 Iowa Acts, chapter 1088.

210 16 Code section 148.2A(2): Strikes the word "members" in

210 17 language relating to licensure of persons who may constitute a

210 18 member of a hearing panel for the board of medicine because of

210 19 the use of alternate members in the creation of the membership

210 20 of the hearing panels. Alternate members of the board of

210 21 medicine are only members of the hearing panel and not

210 22 otherwise "members of board" within the meaning of Code

210 23 section 148.2A.

210 24 Code section 148.3(2): Strikes the words "and collected by

210 25 the board and transmitted to" because the board of medicine

210 26 members do not themselves act as the collection agents for

210 27 unpaid license and renewal fees although the fees are paid to

210 28 the board.

210 29 Code section 148.6(2): Renumbers language relating to

210 30 investigations by the board of medicine based on allegations

210 31 of inability to practice medicine and surgery or osteopathic

210 32 medicine and surgery due to illness, substance abuse, or other

210 33 mental or physical condition.

210 34 Code section 148.14: Adds a reference to Code chapter 147

210 35 within the provision authorizing the appointment of
Senate File 449 - Introduced continued
211 1 investigators for the board of medicine to correspond with

211 2 provisions in Code chapter 147 that provide for the common

211 3 power and responsibility for all of the health care profession

211 4 boards to perform various activities and duties.

211 5 Code section 148A.7: Numbers language internally in this

211 6 Code section prohibiting false use of titles by persons and

211 7 entities providing health care services.

211 8 Code sections 153.14 and 154B.5: Replaces the term

211 9 "osteopaths" with the term "osteopathic physicians" to correct

211 10 a terminology change oversight in 2008 Iowa Acts, chapter

211 11 1088.

211 12 Code sections 154A.6 and 155.17: Renumbers and changes a

211 13 reference to "such" information to a reference to information

211 14 "in violation of subsection 1" to eliminate unnumbered

211 15 paragraphs and to clarify what type of communication is

211 16 criminalized.

211 17 Code section 154C.3(1)(c)(5): Letters an unnumbered

211 18 paragraph in a provision relating to supervision of persons

211 19 who are applying for a license as an independent social worker

211 20 and renumbers the balance of the provision.

211 21 Code section 154F.2: Adds a reference to "osteopathic

211 22 physician" after the word "physician" to conform with changes

211 23 made by 2008 Iowa Acts, chapter 1088, in language relating to

211 24 the conducting of hearing tests.

211 25 Code section 155.2(1): Adds the words "this chapter and"

211 26 in language relating to qualifications for public membership

211 27 on the board for nursing home administrators because nursing

211 28 home administrators are licensed pursuant to Code chapters 147

211 29 and 155.

211 30 Code section 155A.15(2): Numbers an unnumbered paragraph,

211 31 containing an exception to prohibitions against delivery of

211 32 prescription drugs or devices with authorization to allow the

211 33 furnishing of prescription drugs to licensed health care

211 34 facilities for storage in secured emergency medical supplies,

211 35 to include the paragraph within a series of exceptions to
Senate File 449 - Introduced continued
212 1 prohibitions against delivery prescription drugs to a person

212 2 without legal authorization. The initial language which

212 3 clarified that the former unnumbered paragraph was an

212 4 exception was deleted to conform the provision to the style of

212 5 the other exceptions.

212 6 Code sections 158.1 and 158.2: Redrafts language in Code

212 7 section 158.1 by conforming language defining what practices

212 8 constitute "barbering" to the standard style used in

212 9 definitions throughout the Code and by moving a prohibition

212 10 from the end of the definition to Code section 158.2, which

212 11 contains similar prohibitions.

212 12 Code section 159A.4: Reorganizes and renumbers provisions

212 13 establishing the renewable fuels and coproducts advisory

212 14 committee to group like subject matters together and clarify

212 15 which of the members are voting members.

212 16 Code section 161.1: Changes the word "section" to

212 17 "chapter" to clarify that the entire chapter is what is known

212 18 as the "Iowa Agrichemical Remediation Act".

212 19 Code section 161F.6: Reorganizes and numbers this

212 20 provision by separating applicability provisions from

212 21 definitions, grouping applicability provisions together in one

212 22 subsection, and breaking the definitions into a lettered list

212 23 within the other subsection.

212 24 Code section 166D.10: Reorganizes and renumbers this

212 25 provision to separate out the rules and the exceptions

212 26 enumerated for the sale, lease, exhibition, loan, movement, or

212 27 relocation of swine within this state.

212 28 Code section 169.5: Reorganizes, updates, and renumbers

212 29 this provision establishing the board for veterinary medicine.

212 30 Code section 175B.4: Adds the word "other" before the word

212 31 "programs" to clarify that, in addition to the Iowa farmers'

212 32 market nutrition program, the department of agriculture and

212 33 land stewardship may provide other programs to promote the

212 34 purposes of the federal farmers' market nutrition program.

212 35 Code section 190.12: Numbers provisions relating to
Senate File 449 - Introduced continued
213 1 bacterial and coliform limits in frozen desserts and clarifies

213 2 that the limitations on finding certain levels in samples

213 3 apply to all of the standards set out in the table contained

213 4 in this Code section.

213 5 Code section 191.6: Updates the name of the federal agency

213 6 and the Code of federal regulations citation pertaining to the

213 7 standards for oleo, oleomargarine, or margarine that is

213 8 manufactured or sold in this state to reflect the name of the

213 9 current federal agency in charge of setting that type of

213 10 standard and the currently applicable federal regulations.

213 11 Code section 200.14: Updates language and letters

213 12 unnumbered paragraphs within this provision relating to the

213 13 adoption of rules regarding safety standards for use of

213 14 anhydrous ammonia by the secretary of agriculture.

213 15 Code section 203C.18: Changes a reference from "the Act"

213 16 to "this chapter" to reflect the fact that Code chapter 203C

213 17 is the Iowa warehouse Act.

213 18 Code sections 203D.1 and 203D.3: Moves a definition of the

213 19 term "purchased grain" from Code section 203D.3 to Code

213 20 section 203D.1 and places it in alphabetical order with other

213 21 definitions for Code chapter 203D.

213 22 Code section 206.6(5): Adds paragraph designations to

213 23 eliminate unnumbered paragraphs and then adds the words "a

213 24 nonresident person is" to complete and clarify a sentence in a

213 25 paragraph that limits when the secretary of agriculture may

213 26 adopt rules for issuing an aviation license to a nonresident

213 27 person to those situations when the nonresident is engaged in

213 28 the aerial application of pesticides.

213 29 Code section 207.15(1), (2), and (5): Adds paragraph

213 30 designations to eliminate unnumbered paragraphs and

213 31 substitutes the words "account for" for the word "consider" to

213 32 clarify that the division of soil conservation of the

213 33 department of agriculture and land stewardship may reassess

213 34 any penalty if necessary to account for facts that were not

213 35 available when the original assessment was made.
Senate File 449 - Introduced continued
214 1 Code section 216.8A(3): Restructures a sentence relating

214 2 to nondiscriminatory conditions that may be imposed by a

214 3 landlord in a renter's agreement to conform the provision with

214 4 the balance of the paragraph that establishes what constitutes

214 5 discrimination in housing.

214 6 Code section 216.16: Renumbers and restructures a portion

214 7 of this section relating to the issuance of a 60=day

214 8 administrative release by the civil rights commission to break

214 9 the reasons that a release will not be issued into a numbered

214 10 list.

214 11 Code section 216E.7: Substitutes a Code chapter reference

214 12 to Code chapter 154F to reflect changes made by 2008 Iowa

214 13 Acts, chapter 1088, to shift authority and responsibilities

214 14 for licensing of audiologists from Code chapter 147 to 154F.

214 15 Code section 229.15: Strikes references to Code chapters

214 16 150 and 150A to conform to changes made regarding physician

214 17 licensure in 2008 Iowa Acts, chapter 1088, in language

214 18 establishing the conditions under which a psychiatric advanced

214 19 registered nurse practitioner may complete a periodic report

214 20 on a patient who has been hospitalized due to chronic mental

214 21 illness.

214 22 Code sections 235.1, 238.1, and 238.2: Consolidates,

214 23 duplicates, and relocates various definitions to clarify that

214 24 definitions contained in Code chapter 235 are also applicable

214 25 in Code chapter 238. In Code section 235.1, a paragraph

214 26 containing definitions that apply in this chapter governing

214 27 child welfare and Code chapter 238 is split and the

214 28 definitions are placed into an alphabetical, numbered list.

214 29 The definitions of the terms "state division",

214 30 "administrator", and "child" from Code section 235.1 are added

214 31 to Code section 238.1, along with a definition of

214 32 "child=placing agency" which is taken from Code section 238.2,

214 33 and all of the definitions are placed in an alphabetical,

214 34 numbered list. Code section 238.2 is then repealed as

214 35 redundant.
Senate File 449 - Introduced continued
215 1 Code sections 235B.3A, 235E.3, 236.12, and 709.22:

215 2 Conforms, in several notice provisions, a provision that

215 3 describes additional information that must be given to victims

215 4 of certain crimes relating to shelters, support groups, and

215 5 crisis lines operating in the area by striking a paragraph

215 6 that follows a description of the contents of a statement of

215 7 rights and subsuming the contents of that paragraph into the

215 8 paragraph which precedes that statement description.

215 9 Code section 235E.2(13)(a): Adds language referencing an

215 10 employee organization in two places which express conditions

215 11 and in which the term "union representative" appears, to

215 12 conform the language to language that appears earlier in this

215 13 paragraph that provides that an employee organization or union

215 14 representative may observe the investigative interview of an

215 15 alleged dependent adult abuser under certain conditions.

215 16 Code section 235E.4: Clarifies, by adding the word

215 17 "where", that Code sections 235B.4 through 235B.20, to the

215 18 extent that they are not inconsistent with Code chapter 235E,

215 19 apply to Code chapter 235E.

215 20 Code section 249A.6(1)(a): Corrects a drafting error in

215 21 the language in this subparagraph by changing the reference to

215 22 "paragraph "a"" to a reference to subparagraph (1), which

215 23 refers to the rights to payments of medical care referred to

215 24 in this subparagraph.

215 25 Code section 252B.5(8): Letters unnumbered paragraphs and

215 26 deletes an obsolete phrase relating to adoption of rules by

215 27 the department of human services regarding review of requests

215 28 for modification of support obligations.

215 29 Code section 256D.2A: Adds the term "budget" to clarify

215 30 that the year period of time during which a school is to

215 31 expend funds to reduce class size is the budget year, which

215 32 for school districts commences on July 1 of each calendar

215 33 year.

215 34 Code section 256D.4A: Strikes the word "section" and

215 35 replaces it with the word "chapter" because the payments and
Senate File 449 - Introduced continued
216 1 expenditures referred to in this Code section are authorized

216 2 in other Code sections within this Code chapter.

216 3 Code section 257.11(3): Changes the word "of" to the word

216 4 "times" and the word "and" to the word "or" to clarify the

216 5 relationship between the numeric and percentage components in

216 6 the formula used to calculate the amount of additional

216 7 weighting to be assigned for pupils who attend community

216 8 college=offered classes. The numeric and percentage

216 9 components of the formula in this paragraph are described in

216 10 this paragraph in reverse order from that used in other places

216 11 in this Code section.

216 12 Code section 260C.14: Substitutes the word "program" for

216 13 "Act" in three places to reflect the repeal of the former

216 14 postsecondary enrollment options Act, previously contained in

216 15 Code chapter 261C, and the enactment of the postsecondary

216 16 enrollment options program in new Code chapter 261E in 2008

216 17 Iowa Acts, chapter 1181.

216 18 Code section 262.9(4): Splits apart, in language

216 19 describing duties of the state board of regents, two

216 20 provisions which articulate the two different duties of

216 21 managing both real and personal property of the regents

216 22 institutions and purchasing soybean=based inks. Incorrect

216 23 internal references to the entire Code section are also

216 24 changed to refer only to the requirement to purchase

216 25 soybean=based inks in what becomes new subsection 4A.

216 26 Code section 279.13(1): Changes the word "applicants" to

216 27 the singular form "the applicant" to conform with prior

216 28 language regarding the search for criminal and child abuse

216 29 background information regarding an individual who is seeking

216 30 employment as a teacher in a school district.

216 31 Code section 282.18: Streamlines language relating to open

216 32 enrollment of children in schools by combining the two

216 33 subsections that deal with school desegregation and conforming

216 34 the language currently contained in subsection 12 to reflect

216 35 the changes made to subsection 3 in 2008 Iowa Acts, chapter
Senate File 449 - Introduced continued
217 1 1071; by moving language relating to adoption of school

217 2 policies regarding "insufficient classroom space" to become

217 3 part of subsection 2, where the issue first arises; by

217 4 renumbering the provision to accommodate the changes and

217 5 eliminate unnumbered paragraphs; and by correcting internal

217 6 references.

217 7 Code section 282.26: Numbers the paragraphs in this

217 8 provision regarding high school students attending college

217 9 courses to allow substitution of specific subsection

217 10 references in lieu of a more general reference to "the

217 11 foregoing provisions".

217 12 Code section 294A.9: Adds the repeal, on the same date, of

217 13 a subsection which serves only to repeal other subsections on

217 14 June 30, 2009. This provision takes effect upon enactment.

217 15 Code section 294A.25: Adds the word "fiscal" before the

217 16 word "year" to conform later language regarding later

217 17 appropriations to the initial reference to the "fiscal year

217 18 beginning July 1, 2009".

217 19 Code section 297.10: Updates language in this provision

217 20 regarding compensation for use of school property to clarify

217 21 that the "such use" is the use of a schoolhouse and

217 22 schoolhouse grounds and that the compensation paid is to be

217 23 used for supplies for that school property.

217 24 Code section 298.3: Renumbers this provision to eliminate

217 25 unnumbered paragraphs and changes the term "energy

217 26 conservation measures" to "energy management improvement" to

217 27 reflect the changes made to Code sections 473.19, 473.20, and

217 28 473.20A by 2008 Iowa Acts, chapter 1126.

217 29 Code section 298.18: Numbers and letters unnumbered

217 30 paragraphs in this Code section and replaces references to

217 31 "hereinafter" provided and referred to "herein" with language

217 32 indicating that the reader will find the language or exception

217 33 indicated within this Code section.

217 34 Code sections 306C.10 and 306C.11: Moves a definition of

217 35 the term "specific information of interest to the traveling
Senate File 449 - Introduced continued
218 1 public" from Code section 306C.11 to Code section 306C.10 to

218 2 place it in alphabetical order within the other definitions

218 3 that apply within that division of Code chapter 306C and

218 4 renumbers Code section 306C.11 to eliminate unnumbered

218 5 paragraphs.

218 6 Code section 307.21: Restructures the provision to

218 7 separate language establishing the general duties of the

218 8 administrator of administrative services of the department of

218 9 transportation from more specific requirements relating to the

218 10 manner in which certain of those duties are to be carried out

218 11 and from permissive language that allows the administrator to

218 12 perform administrative services duties in cooperation with the

218 13 department of administrative services.

218 14 Code section 312.2: Renumbers this provision to separate

218 15 the allotments of road use tax funds made by the treasurer of

218 16 state to the primary road fund, the secondary road fund, the

218 17 farm=to=market road fund, and the street construction fund of

218 18 cities from the credits that are made prior to the allotments

218 19 for various specific uses and to eliminate an unnumbered

218 20 paragraph.

218 21 Code section 314.2: Strikes the words "the foregoing

218 22 provisions" and substitutes "this section" to clarify that the

218 23 prohibition against state or county officials or employees

218 24 having interests in any contract for highway, bridge, or

218 25 culvert construction, reconstructions, improvement, or

218 26 maintenance is the provision that, if violated, will

218 27 invalidate the contract and prevent recovery of consideration

218 28 under the contract.

218 29 Code section 321.52A: Strikes an obsolete reference to a

218 30 provision under which this surcharge is no longer imposed.

218 31 Before a change in the system used by the department of

218 32 transportation to note security interests on certificates of

218 33 title, a surcharge was issued when an owner requested that a

218 34 new certificate be issued that showed the notation. This was

218 35 because the notation had to be manually added to the
Senate File 449 - Introduced continued
219 1 certificate, rather than being generated automatically upon

219 2 notation of the interest in the department of transportation's

219 3 system. Because of the changeover in the department's

219 4 computer system, the new certificates are generated

219 5 automatically, without the additional manual intervention, and

219 6 the department ceased imposition of the surcharge for issuance

219 7 of a certificate of title for this type of notation.

219 8 Code sections 321.92 and 321.463: Renumbers and eliminates

219 9 a redundant reference to a "paragraph "b"" in a definition

219 10 which is combined with another definition into a numbered list

219 11 in Code section 321.463. Language relating to fraudulent

219 12 altering or defacing of product identification plates is

219 13 stricken from Code section 321.463 and is moved to Code

219 14 section 321.92.

219 15 Code section 321.231(5): Strikes the word "foregoing" and

219 16 inserts "of this section" to clarify that none of the

219 17 provisions of this Code section relieve an authorized

219 18 emergency vehicle operator or police bicycle rider from the

219 19 duty to drive or ride safely.

219 20 Code section 321.285: Renumbers this provision

219 21 establishing speed restrictions on motor vehicles to eliminate

219 22 unnumbered paragraphs; clarifies language that sets out the

219 23 general rules applicable to lawful speeds by moving language

219 24 referring to the lawful speed to a location after the listing

219 25 of a number of exceptions; substitutes "unless otherwise

219 26 provided in this section or by" for "notwithstanding any" to

219 27 clarify that some of the exceptions to the general 55 miles

219 28 per hour speed limit are contained within this Code section;

219 29 and supplies some missing words to complete the sentence

219 30 establishing what the appropriate speed is on various

219 31 secondary roads under certain conditions.

219 32 Code section 321.488: Strikes the word "foregoing" to

219 33 clarify that any provision within the Code chapter that

219 34 applies to the making of arrests without a warrant.

219 35 Code sections 321.506 and 461B.8: Strikes the word
Senate File 449 - Introduced continued
220 1 "foregoing" and adds "of this chapter" to clarify that the

220 2 other qualifying language in this provision, that narrows the

220 3 applicability of this provision to language relative to

220 4 service of original notice of suit on nonresidents, is the

220 5 controlling factor in determining the validity of service of

220 6 process under Code chapters 321 and 461B.

220 7 Code section 321.376: Adds a reference to "osteopathic

220 8 physician" after the word "physician" and strikes a reference

220 9 to Code chapter 150A to conform with changes made by 2008 Iowa

220 10 Acts, chapter 1088, in language relating to the conducting of

220 11 hearing tests.

220 12 Code section 321A.7: Updates language in this provision

220 13 regarding suspension of licenses until proof of financial

220 14 responsibility has been filed by inserting words to clarify

220 15 the meaning of certain clauses, dividing sentences currently

220 16 conjoined with semicolons, and adding language that indicates

220 17 that certain conditions precede the department taking certain

220 18 actions under this Code section.

220 19 Code section 330A.10: Numbers a provision to eliminate

220 20 unnumbered paragraphs and replaces the words "aforementioned

220 21 provisions" with "subsection 1" to clarify that subsection 1

220 22 is the provision being excepted in language authorizing an

220 23 authority to deposit funds in any bank or trust company if an

220 24 agreement is reached with the bond holders.

220 25 Code section 331.653(27): Replaces a reference to Code

220 26 section 297.28 that was inadvertently stricken in 2008 Iowa

220 27 Acts, chapter 1181, section 37.

220 28 Code section 335.22: Strikes the words "the foregoing" and

220 29 adds specific Code section references to Code sections 335.18

220 30 through 335.21 to clarify that the proceedings under those

220 31 Code sections, in this Code chapter pertaining to county

220 32 zoning, are to have preference over all other civil actions

220 33 and proceedings.

220 34 Code section 358.8: Strikes the words "the foregoing" and

220 35 adds specific Code section references to Code sections 358.4
Senate File 449 - Introduced continued
221 1 and 358.5 to clarify that the expenses incurred under those

221 2 sections, together with the costs of the election, are to be

221 3 paid by those who will be benefited by the proposed sanitary

221 4 district.

221 5 Code section 358C.9: Strikes the words "the preceding" and

221 6 adds specific Code section references to Code sections 358C.5

221 7 and 358C.6 to clarify that the expenses incurred under those

221 8 sections, together with the costs of the election, are to be

221 9 paid by those who will be benefited by the proposed real

221 10 estate improvement district.

221 11 Code section 364.17(3): Renumbers and moves language

221 12 relating to enforcement procedures to the end of this

221 13 subsection to eliminate unnumbered paragraphs in this

221 14 provision relating to enforcement of city housing code

221 15 violations. The movement of the language relating to

221 16 enforcement procedures may also correct an old drafting error.

221 17 In both the original and reprinted versions of 1980 House File

221 18 2536, which established this Code section, the paragraph

221 19 containing this language was located at the end of subsection

221 20 3. It was not until what is now paragraph "h" was added by

221 21 amendment that the language appeared before the last

221 22 paragraph.

221 23 Code section 384.84(2) and (3): Conforms the language

221 24 toward the end of two paragraphs, relating to discontinuance

221 25 of utility or enterprise services on rental property or

221 26 premises, to language toward the beginning of the paragraphs

221 27 which refers to the property or premises.

221 28 Code section 414.19: Strikes the words "the foregoing" and

221 29 adds specific Code section references to Code sections 414.15

221 30 through 414.18 to clarify that the proceedings under those

221 31 Code sections, in this Code chapter pertaining to city zoning,

221 32 are to have preference over all other civil actions and

221 33 proceedings.

221 34 Code section 421B.3: Changes the word "the" to the word

221 35 "a" to conform to later language indicating that each
Senate File 449 - Introduced continued
222 1 violation of the prohibition against cigarette sales at less

222 2 than cost is treated as a new violation.

222 3 Code section 422.5: Renumbers, changes subsection lead=in

222 4 language, and corrects internal references in this provision

222 5 establishing the process for computation of personal income

222 6 tax so that the structure of the provision conforms to the

222 7 steps that must be taken to compute the tax.

222 8 Code section 422.7(12), (28), (43), and (53): Renumbers to

222 9 eliminate unnumbered paragraphs in this provision establishing

222 10 the computation mechanism for calculation of personal "net

222 11 income". Obsolete language providing for a waiver of certain

222 12 requirements under a small business tax loan program that was

222 13 phased out in the mid 1980s is deleted. A reference to a

222 14 savings refund adjustment that was eliminated by 2008 Iowa

222 15 Acts, chapter 1178, in favor of a state match adjustment, is

222 16 also deleted. References to the term "adjusted gross income"

222 17 are added in language relating to when a taxpayer may take the

222 18 increasing expensing allowance to clarify what computation is

222 19 being performed for state tax purposes.

222 20 Code section 422.12: Restructures this provision

222 21 enumerating the deductions that may be taken from personal

222 22 income tax liability by moving definitions to the beginning of

222 23 the provision and renumbering and correcting internal

222 24 references as necessary.

222 25 Code section 422.35(6), (6A), (20), and (24): Renumbers to

222 26 eliminate unnumbered paragraphs in this provision establishing

222 27 the computation mechanism for calculation of corporate "net

222 28 income". Obsolete language providing for a waiver of certain

222 29 requirements under a small business tax loan program that was

222 30 phased out in the mid 1980s is deleted. References to the

222 31 term "taxable income" are added in language relating to when a

222 32 taxpayer may take the increasing expensing allowance to

222 33 clarify what computation is being performed for state tax

222 34 purposes.

222 35 Code section 423.3(57): Combines two unnumbered paragraphs
Senate File 449 - Introduced continued
223 1 containing the initial portion of a definition of what

223 2 constitutes a sale of food and food ingredients that are

223 3 exempt from sales tax and conforms the terms used to the

223 4 definitions which follow the language of the new combined

223 5 paragraph.

223 6 Code sections 435.1, 435.2, 435.26, 435.34, and 435.35:

223 7 Moves language contained in definition provisions relating to

223 8 the imposition of property taxes on mobile, modular, and

223 9 manufactured homes to duplicate one provision that applies to

223 10 both manufactured home communities and mobile home parks and

223 11 to create a new Code section 435.2 that specifies when each of

223 12 the types of home is to be assessed and taxed as real estate.

223 13 Language relating to taxation of modular homes is moved from

223 14 its current location in Code section 435.34 and consolidated

223 15 with related provisions in new Code section 435.2, and the

223 16 balance of Code section 435.34, which conflicts with language

223 17 found in Code section 435.22, is eliminated by the Code

223 18 section's repeal. Language in Code section 435.35, which

223 19 conflicts with provisions in Code section 435.1, is eliminated

223 20 by that Code section's repeal, and the remainder moved to Code

223 21 section 435.26. Obsolete language relating to classification

223 22 of manufactured home communities or mobile home parks and the

223 23 applicability of the manufactured home communities or mobile

223 24 home parks residential landlord and tenant Act is stricken.

223 25 Code sections 437A.3, 437A.15, and 437A.19: Renumbers Code

223 26 section 437A.19 to eliminate unnumbered paragraphs and

223 27 corrects several internal references to subsections within

223 28 Code section 437A.19 that appear in Code sections 437A.3 and

223 29 437A.15. The reference changes contained in subsection 29 of

223 30 Code section 437A.3 and 437A.15, subsection 3, are based on

223 31 the renumbering changes in Code section 437A.19. The internal

223 32 reference change and strike of additional in Code section

223 33 437A.15, subsection 3, paragraph "a", correct a drafting error

223 34 made in 2007 Iowa Acts, chapter 150, when Code section

223 35 437A.19, subsection 2, paragraph "b", was amended and
Senate File 449 - Introduced continued
224 1 subparagraph (2) was deleted.

224 2 Code section 450.7(1): Redrafts an initial exception as a

224 3 limitation and renumbers this provision to eliminate

224 4 unnumbered paragraphs.

224 5 Code section 455A.8: Breaks the membership of the Brushy

224 6 creek recreation trails advisory board out into a numbered

224 7 list and clarifies which of the 10 members of the board are

224 8 voting and which are ex officio nonvoting members.

224 9 Code section 455B.191: Reorganizes and clarifies this

224 10 pollution and hazardous substance control provision by moving

224 11 the definition of "hazardous substance" to the beginning of

224 12 the Code section, renumbering the provision, breaking the

224 13 enumeration of prohibited acts into a numbered list, and

224 14 segregating the applicable penalties into separate provisions.

224 15 Code section 455G.4(6): Changes the name of the senate

224 16 committee to which the report relating to claims against the

224 17 Iowa comprehensive underground storage tank fund must be

224 18 submitted, to conform this provision to the changes made

224 19 during the 2009 Session of the 83rd General Assembly to the

224 20 name and duties of the former senate committee on natural

224 21 resources and environment.

224 22 Code section 456A.26: Strikes the words "The foregoing

224 23 sections" and inserts references to Code sections 456A.23

224 24 through 456A.25 to clarify which provisions are not to be

224 25 construed as authorizing the commission to change any penalty

224 26 for violations of game laws, license fees, or change open

224 27 seasons or bag limits for any fish, game, bird, or fur=bearing

224 28 animal.

224 29 Code section 476.6(20): Strikes an obsolete subsection

224 30 that refers to the replacement tax study committee. The

224 31 committee began meeting in 2000, concluded its business in

224 32 2007, and submitted its final report on November 15, 2007.

224 33 Code section 483A.27: Adds words to clarify that a hunter

224 34 safety and ethics education course from another state,

224 35 country, or province that meets the international hunter
Senate File 449 - Introduced continued
225 1 education standards is valid for purposes of meeting the

225 2 requirements for a hunting license in Iowa and that a

225 3 "department=approved" hunter safety and ethics education

225 4 course or shooting sports activities course is what an

225 5 instructor certified by the department may conduct on public

225 6 school property if the proper school board approval is

225 7 obtained.

225 8 Code section 489.108(3): Strikes language and adds the

225 9 word "either" to conform this provision, that specifies two

225 10 situations in which the secretary of state shall authorize the

225 11 use of a noncompliant name by a limited liability company, to

225 12 standard language used to indicate when only two alternatives

225 13 are available under a statute.

225 14 Code section 489.702(5): Corrects in subsection 5,

225 15 paragraph "b", of this Code section an internal reference to

225 16 the provision in which a person is appointed to wind up the

225 17 activities of a limited liability company. The appointment

225 18 provisions are found in subsection 4, not subsection 3.

225 19 Code section 489.1203(10) and (11): Corrects incorrect

225 20 citations to the language that specifies when distributions by

225 21 a limited liability company series are not permissible. The

225 22 listing of situations that was intended to be cited is

225 23 contained in subsection 5 of this Code section, not in Code

225 24 section 489.405.

225 25 Code section 490.831(1): Changes the word "precludes" to

225 26 "does not preclude" in this provision relating to the

225 27 liability of directors of corporations to the corporation or

225 28 to the corporation's shareholders to conform the codified

225 29 version of this provision to the meaning of this provision in

225 30 the language of the original model Act.

225 31 Code section 496C.14: Renumbers this provision to

225 32 eliminate unnumbered paragraphs, strikes the words "the

225 33 foregoing provisions of this section", and adds the words

225 34 "subsections 1 through 4" to clarify when purchase of shares

225 35 of a corporate shareholder is required.
Senate File 449 - Introduced continued
226 1 Code section 499.36A(1): Substitutes the word

226 2 "association" for the word "cooperative" to conform this last

226 3 sentence, relating to when an association director is not

226 4 liable because of having performed director's duties, to the

226 5 initial sentence that requires discharge of duties in good

226 6 faith.

226 7 Code section 502.602(3): Adds the word "or" to this

226 8 provision to clarify where the correct end of the series

226 9 describing when the commissioner of insurance may apply to the

226 10 district court under the uniform securities Act to enforce

226 11 compliance with a subpoena.

226 12 Code section 505.8(7): Adds "and osteopathic physicians"

226 13 after the word "physicians" and strikes the references to Code

226 14 chapters "150, and 150A" to conform with changes made by 2008

226 15 Iowa Acts, chapter 1088, to place osteopathic physicians under

226 16 the same Code chapter 148 licensing procedures and authority

226 17 of the board of medicine as physicians who have a diploma from

226 18 a medical college and have passed the required examinations

226 19 and to repeal the Code chapters under which osteopathic

226 20 physicians were previously regulated.

226 21 Code section 520.14: Strikes the word "foregoing" and adds

226 22 references to Code sections 520.2 through 520.13 to clarify

226 23 which Code sections an attorney must comply with before an

226 24 attorney can exchange reciprocal or interinsurance contracts

226 25 or solicit or negotiate applications for reciprocal or

226 26 interinsurance contracts.

226 27 Code section 541A.3: Adds the word "savings" between the

226 28 words "state" and "match" to conform the terminology used to

226 29 describe the payments made by the state to holders of

226 30 individual development accounts to the correct term: "state

226 31 savings match".

226 32 Code section 554.10103: Strikes a reference to "the

226 33 following" section, which was repealed by 2007 Iowa Acts,

226 34 chapter 30, and replaces it with a reference to Code section

226 35 554.7103, which is the successor statute to former Code
Senate File 449 - Introduced continued
227 1 section 554.10104.

227 2 Code section 556F.17: Replaces the word "aforesaid" with

227 3 "provided in this chapter" and "same according to the

227 4 foregoing provisions" with "property" to clarify that any

227 5 property that is found or recovered and may be considered

227 6 abandoned under Code chapter 556F cannot be traded, sold,

227 7 loaned, or taken out of the state by the finder until the

227 8 person has the right to do so or the person forfeits the right

227 9 to the property.

227 10 Code section 602.10111: Strikes the words "the foregoing

227 11 provisions of" and leaves the words "this article" to clarify

227 12 what procedures an out=of=state attorney must comply with in

227 13 order to appear as an attorney in state court in Iowa.

227 14 Code section 692.18: Numbers this provision and conforms

227 15 the language in what is numbered as subsection 2 to

227 16 confidentiality provisions found in Code section 22.7 that

227 17 relate to confidentiality of intelligence data under the

227 18 public records law, Code chapter 22.

227 19 Code section 707.7: Numbers this provision, moves

227 20 exclusionary language to the end of this provision prohibiting

227 21 feticide, and conforms the language of these provisions to

227 22 changes made by 2008 Iowa Acts, chapter 1088, which placed

227 23 osteopathic physicians under the same Code chapter 148

227 24 licensing procedures and authority of the board of medicine as

227 25 physicians who have a diploma from a medical college and have

227 26 passed the required examinations and repealed the Code

227 27 chapters under which osteopathic physicians were previously

227 28 regulated.

227 29 Code section 714.8(18): Changes the word "price" to

227 30 "product" in two places in definition of the term "universal

227 31 price code label" to correct the term and to conform to

227 32 terminology used elsewhere in the Code.

227 33 Code section 714E.1(3): Changes the word "from" to "for"

227 34 to clarify that the foreclosure consultant is attempting to

227 35 obtain a forbearance, modification, or repayment plan on
Senate File 449 - Introduced continued
228 1 behalf of a beneficiary or mortgagee.

228 2 Code section 714E.4(1): Clarifies that the enumerated

228 3 actions, if taken by a foreclosure consultant, are a violation

228 4 of Code chapter 714E.

228 5 Code section 714F.3(2): Clarifies language relating to

228 6 survival of a foreclosure reconveyance contract and conforms a

228 7 Code reference to the language specifying the requirements for

228 8 those contracts to an earlier reference in this Code section

228 9 to those same contract requirements.

228 10 Code section 714F.6: Splits a run=on sentence and rewrites

228 11 the latter half of the sentence to clarify the form a waiver

228 12 of a foreclosed homeowner's right to cancel must take.

228 13 Code section 714F.9(2): Strikes the words "of any amount"

228 14 to conform to later language in this provision that sets

228 15 threshold limits on the amount of exemplary damages that may

228 16 be awarded by the court.

228 17 Code section 728.15: Restructures this provision to move a

228 18 definition of the word "person" to the beginning of the Code

228 19 section, conform internal uses of terminology and grammar,

228 20 breaks the elements of the offense into a numeric list, and

228 21 places the penalty provisions in a list in a subsection at the

228 22 end of this Code section.

228 23 Code section 805.8B: Changes, in two paragraphs in

228 24 subsections 2 and 2A, the word "identification" to "decal" to

228 25 conform to a terminology change that was made in Code sections

228 26 321G.5 and 321I.6 by 2007 Iowa Acts, chapter 141.

228 27 Code section 820.11: Strikes a reference to "the last"

228 28 section and replaces it with a reference to Code section

228 29 820.10 to clarify which Code section, if disobeyed, would be

228 30 deemed a simple misdemeanor.

228 31 2008 Iowa Acts, chapter 1130, section 4 (Code section

228 32 35B.6(1)): Moves a phrase in this Iowa Act which prohibits

228 33 the employment of members of a county commission of veteran

228 34 affairs by the commission to be a part of language relating to

228 35 the power of the commission to employ certain persons. As a
Senate File 449 - Introduced continued
229 1 result of amendments made in this section of this Act, the

229 2 sentence which related to the powers of the county commissions

229 3 was split in two and this phrase was inadvertently made a part

229 4 of language relating to the compensation of employees of the

229 5 commission.

229 6 2008 Iowa Acts, chapter 1130, section 7 (Code section

229 7 35B.14): Clarifies a series which permits a county board of

229 8 supervisors to appropriate funds for the expenses of food,

229 9 clothing, shelter, utilities, medical benefits, and a funeral

229 10 for veterans, their surviving spouses, and minor children who

229 11 reside in the county. The inclusion of new language in this

229 12 section of this Act relating to appropriation of funds for

229 13 training for an executive director of a county commission of

229 14 veteran affairs inadvertently disrupted the original series

229 15 which clearly allowed the appropriation for the latter

229 16 expenses.

229 17 2008 Iowa Acts, chapter 1191, section 109: Corrects a

229 18 lead=in to this Act so that it correctly reflects the addition

229 19 of a new paragraph "n" to subsection 5 of Code section 257.31,

229 20 not Code section 257.11. Subsection 5 of Code section 257.11

229 21 contains only two lettered paragraphs, and section 108 of this

229 22 same Act refers to the addition of the language relating to

229 23 the submission of requests to the school budget review

229 24 committee by school districts on the basis of language added

229 25 to Code section 257.31, subsection 5, paragraph "n". This

229 26 section of this Act is effective upon enactment and applies

229 27 retroactively to July 1, 2008.

229 28 Code sections 147.57 and 147.114: Requires the Code editor

229 29 to transfer Code section 147.57, which pertains to dental

229 30 hygienists, and Code section 147.114, which pertains to

229 31 inspectors appointed by the dental board, to appropriate

229 32 locations in Code chapter 153, which pertains to the practice

229 33 of dentistry.

229 34 Code sections 216.18 and 216.18A: Requires the Code editor

229 35 to transfer Code section 216.18A to become subsection 2 of

Senate File 449 - Introduced continued
230 1 Code section 216.18 and to number the first paragraph in Code

230 2 section 216.18 as subsection 1. The Code editor is also

230 3 directed to correct any internal references necessary to

230 4 complete the transfer.

230 5 DIVISION II. Restructures, numbers, and renumbers

230 6 provisions in volume II of the Code and in scattered locations

230 7 in other Code volumes. Occasionally, minor changes are made

230 8 in text to conform to existing style of a Code section when

230 9 language is moved within a Code section or from one Code

230 10 section to another location.

230 11 DIVISION III. Makes internal reference changes based on

230 12 the numbering, renumbering, and restructuring of Code sections

230 13 elsewhere in this Act.

230 14 DIVISION IV. Contains effective date and applicability

230 15 provisions.

230 16 LSB 2130SV 83

230 17 lh/rj/8




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