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SF 405 — A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective date provisions. (Formerly SSB 1132.) Various effective dates; see section 169 of bill.
Last action — Signed by Governor.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 02, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
106 added · 1026 removed106 line(s) added, 1026 removed.
Senate File 405 - IntroducedEnrolled SENATESenate FILEFile 405 BYAN COMMITTEEACT ONRELATING JUDICIARY (SUCCESSOR TO SSBSTATUTORY 1132)CORRECTIONS (COMPANIONWHICH TOMAY LSBADJUST 2124HVLANGUAGE BYTO COMMITTEEREFLECT ONCURRENT JUDICIARY)PRACTICES, AINSERT BILLEARLIER FOROMISSIONS, AnDELETE ActREDUNDANCIES relatingAND toINACCURACIES, statutoryDELETE correctionsTEMPORARY whichLANGUAGE, mayRESOLVE adjustINCONSISTENCIES languageAND toCONFLICTS, reflectUPDATE currentONGOING practices,PROVISIONS, insertOR earlierREMOVE omissions,AMBIGUITIES, deleteAND redundanciesINCLUDING andEFFECTIVE inaccuracies,DATE deletePROVISIONS. temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective date provisions.
TLSBDIVISION 2124SVI (1)MISCELLANEOUS 87CHANGES lh/rjSection S.F.1.
405 DIVISION I MISCELLANEOUS CHANGES Section 1.
The author shall strikeSenate therefromFile from405, thep. report all minutes of proceedings, and all correspondence, petitions, orders, and other matter which can be briefly stated, or which is not important information concerning public affairs, and consolidate so far as practicable all statistical tables.
2 strike therefrom from the report all minutes of proceedings, and all correspondence, petitions, orders, and other matter which can be briefly stated, or which is not important information concerning public affairs, and consolidate so far as practicable all statistical tables.
Unless expressly authorized by federal or state law, ensure that the public benefits administered by the department or independent agency are not provided to persons who are not lawfully present in the LSBUnited 2124SVStates. (1) 87 -1- lh/rj 1/94 S.F.
405 United States.
A merchant engaging in business shall be presumed to be temporarily or intermittently in business unless it is the intentionSenate ofFile such405, merchantp. to remain continuously in business at each location where the merchant is engaged in business within the state of Iowa as a merchant for a period of more than sixty days.
3 intention of such merchant to remain continuously in business at each location where the merchant is engaged in business within the state of Iowa as a merchant for a period of more than sixty days.
LSBIt 2124SVshall (1)be 87unlawful -2-for lh/rjany 2/94transient S.F.merchant as herein defined, to sell, dispose of, or offer for sale any goods, wares or merchandise of any kind, nature or description, at any time or place within the state of Iowa, outside the limits of any city in the state of Iowa, or within the limits of any city in the state of Iowa that has not by ordinance provided for the licensing of transient merchants, unless such transient merchant, as herein defined, shall have has a valid license as herein provided in this chapter and shall have has complied with the regulations herein set forth in this chapter.
405 It shall be unlawful for any transient merchant as herein defined, to sell, dispose of, or offer for sale any goods, wares or merchandise of any kind, nature or description, at any time or place within the state of Iowa, outside the limits of any city in the state of Iowa, or within the limits of any city in the state of Iowa that has not by ordinance provided for the licensing of transient merchants, unless such transient merchant, as herein defined, shall have has a valid license as herein provided in this chapter and shall have has complied with the regulations herein set forth in this chapter.
At the time and as part of filing said the application andSenate asFile a405, partp. thereof, the applicant shall file with the secretary of state a bond, with sureties to be approved by the secretary of state, in a penal sum two times the value of the goods, wares or merchandise to be sold or offered for sale or the average inventory to be carried by such transient merchant engaged in or conducting an intermittent or temporary business as the case may be as shown by the application, running to the state of Iowa, for the use and benefit of any purchaser of any merchandise from such transient merchant who might have LSB 2124SV (1) 87 -3- lh/rj 3/94 S.F.
4054 and as a part thereof , the applicant shall file with the secretary of state a bond, with sureties to be approved by the secretary of state, in a penal sum two times the value of the goods, wares or merchandise to be sold or offered for sale or the average inventory to be carried by such transient merchant engaged in or conducting an intermittent or temporary business as the case may be as shown by the application, running to the state of Iowa, for the use and benefit of any purchaser of any merchandise from such transient merchant who might have a cause of action of any nature arising from or out of such sale against the applicant or the owner of such merchandise if other than the applicant;
The state of Iowa, or any subdivision thereof, or any person having a cause of action againstSenate theFile applicant405, orp. surety arising out of said sale may join the applicant and surety on such bond in the same action, or may in such action sue either the applicant or the surety alone.
5 against the applicant or surety arising out of said sale may join the applicant and surety on such bond in the same action, or may in such action sue either the applicant or the surety alone.
The requirements of this section also apply to transient LSBmerchants 2124SVwho (1)are 87licensed -4-in lh/rjaccordance 4/94with S.F.an ordinance of a city in the state of Iowa.
405 merchants who are licensed in accordance with an ordinance of a city in the state of Iowa.
Notwithstanding the above provisions subsections 1 through 4,4 , the bond provided for in this section shall be forfeited to the state of Iowa upon the applicant’s failure to pay the total of all taxes payable by or due from the applicant to the state which taxes are administered by the department of revenue.
A program participant shall be certifiedSenate forFile four405, yearsp. following the date the application LSB 2124SV (1) 87 -5- lh/rj 5/94 S.F.
4056 certified for four years following the date the application is certified by the secretary unless the certification is canceled, withdrawn, or invalidated.
provided, however, excluding the issuance LSBof 2124SVrefunding (1)bonds, 87bonds -6-issued lh/rjpursuant 6/94to S.F.this section shall not be issued in an aggregate principal amount which exceeds three hundred million dollars.
405The of refunding bonds, bonds issuedare pursuantinvestment toSenate thisFile section405, shallp. not be issued in an aggregate principal amount which exceeds three hundred million dollars.
The7 bonds are investment securities and negotiable instruments within the meaning of and for purposes of the uniform commercial code, chapter 554.
The report of any such settlement under section 12B.11 with the treasurer of state shall be filed in the office of the director of the department of management, and thethe. .
Section 16.28, subsection 2, paragraph b, Code LSB2017, 2124SVis (1)amended 87to -7-read lh/rjas 7/94follows: S.F.
405 2017, is amended to read as follows:
Sec.Senate File 405, p.
8 Sec.
Process forms and instructions for filing a petition for rulemaking pursuant to section 17A.7 , a petition for a declaratory order pursuant to section 17A.9,17A.9 , or a request petition for a waiver or variance of an administrative rule pursuant to section 17A.9A17A.9A. .
or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or LSBofficer 2124SVof (1)any 87of -8-the lh/rjforegoing 8/94or S.F.any employee delegated the responsibility for implementing the requirements of this chapter.
405 officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of this chapter.
Each government body shall delegate to particular officials or employees of thatSenate governmentFile body405, thep. responsibility for implementing the requirements of this chapter and shall publicly announce the particular officials or employees to whom responsibility for implementing the requirements of this chapter has been delegated.
9 that government body the responsibility for implementing the requirements of this chapter and shall publicly announce the particular officials or employees to whom responsibility for implementing the requirements of this chapter has been delegated.
“Public records” also includes all records relating to the investment of public funds including but not limited to investment policies, instructions, trading orders, LSBor 2124SVcontracts, (1)whether 87in -9-the lh/rjcustody 9/94of S.F.the public body responsible for the public funds or a fiduciary or other third party.
405 or contracts, whether in the custody of the public body responsible for the public funds or a fiduciary or other third party.
The principal of and interest onSenate theFile bonds405, sop. issued shall be secured by a pledge of such net revenues of the project or projects in the manner and to the extent provided in the resolution authorizing the issuance of said bonds.
10 on the bonds so issued shall be secured by a pledge of such net revenues of the project or projects in the manner and to the extent provided in the resolution authorizing the issuance of said bonds.
Notwithstanding LSBthe 2124SVforegoing (1)such 87an -10-entity lh/rjshall 10/94have S.F.the further right to pledge to the payment of the bonds issued pursuant to this chapter, in addition to the net revenues of the project or projects pledged therefor, such other moneys that it may have and which are lawfully available therefor.
405 the foregoing such an entity shall have the further right to pledge to the payment of the bonds issued pursuant to this chapter, in addition to the net revenues of the project or projects pledged therefor, such other moneys that it may have and which are lawfully available therefor.
All such rates or charges to be paidSenate byFile the405, ownersp. of real property, if not paid as by the ordinance provided, when due, shall constitute a lien upon such real property served by such project or projects, and shall be collected in the same manner as general taxes.
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11 paid by the owners of real property, if not paid as by the ordinance provided, when due, shall constitute a lien upon such real property served by such project or projects, and shall be collected in the same manner as general taxes.
Refunding bonds may also finance the construction of a project or projects authorized by this chapter or the improvement, LSBaddition, 2124SVbetterment (1)or 87extension -11-of lh/rjan 11/94existing S.F.project or projects so authorized.
405 addition, betterment or extension of an existing project or projects so authorized.
(b) Except for disaster and or emergency-related work, the business entity has no presence in the state and conducts no businessSenate inFile the405, state.p.
12 business in the state.
An out-of-state business that enters the state to perform disaster and or emergency-related work during a disaster response period shall provide notification to the secretary of state, which notification shall contain all the following LSBinformation 2124SVrelated (1)to 87the -12-out-of-state lh/rjbusiness: 12/94 S.F.
405 information related to the out-of-state business:
35C.6Senate RemovalFile ——405, certiorarip. —— judicial review.
No13 person35C.6 holdingRemoval a—— public position by appointment or employment, and belonging to any of the classes of persons to whom a preference is herein granted under this chapter, shall be removed from such position or employment except for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges, and with the right of such employee or appointee to a review by a writ of certiorari or—— atjudicial LSBreview. 2124SV (1) 87 -13- lh/rj 13/94 S.F.
405No person holding a public position by appointment or employment, and belonging to any of the classes of persons to whom a preference is herein granted under this chapter, shall be removed from such position or employment except for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges, and with the right of such employee or appointee to a review by a writ of certiorari or at such person’s election, to judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A, if that is otherwise applicable to their case.
As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1445.1. .
Section 48A.7A, subsection 1, paragraph b, subparagraphSenate (1),File unnumbered405, paragraphp. 1, Code 2017, is amended to read as follows:
For14 purposessubparagraph of(1), thisunnumbered section,paragraph a1, personCode may2017, establishis identityamended and residence by presenting to theread appropriateas LSBfollows: 2124SV (1) 87 -14- lh/rj 14/94 S.F.
405For purposes of this section, a person may establish identity and residence by presenting to the appropriate precinct election official a current and valid Iowa driver’s license or Iowa nonoperator’s identification card or by presenting any of the following current and valid forms of identification if such identification contains the person’s photograph and a validity valid expiration date:
Anyone under the age of eighteen and subject to this chapter employed in the street trades occupations who sells or delivers LSBSenate 2124SVFile (1)405, 87p. -15- lh/rj 15/94 S.F.
40515 the product or service of another and who is designated in such capacity as an independent contractor shall be provided participation, if the person under the age of eighteen desires it at group rate cost, in group insurance for medical, hospital, nursing, and doctor expenses incurred as a result of injuries sustained arising out of and in the course of selling or delivering such product or service by the person, firm, or corporation whose product or service is so delivered.
The system, through the chief investment officer, shall invest, subject to chapters 12F, and 12H, LSBand 2124SV12J (1)and 87in -16-accordance lh/rjwith 16/94the S.F.investment policy and goal statement established by the board, the portion of the retirement fund which, in the judgment of the system, is not needed for current payment of benefits under this chapter Senate File 405, p.
40516 and 12J and in accordance with the investment policy and goal statement established by the board, the portion of the retirement fund which, in the judgment of the system, is not needed for current payment of benefits under this chapter subject to the requirements of section 97B.7A.
(2) The division may issue a class “E” liquor control license for premises covered by a liquor control license or wine or beer permit for on-premises consumption, if the premises are in a county having a population under nine thousand five hundred in which no other class “E” liquor LSBcontrol 2124SVlicense (1)has 87been -17-issued lh/rjby 17/94the S.F.division, and no other application for a class “E” liquor control license has been made within the previous twelve consecutive months.
405 control license has been issued by the division, and no other application for a class “E” liquor control license has been made within the previous twelve consecutive months.
No alcoholic liquor for beverage purposes shall be used, or kept for any purpose in the place of business of class “B” beerSenate permittees,File or405, onp. the premises of such class “B” beer permittees, at any time.
17 beer permittees, or on the premises of such class “B” beer permittees, at any time.
The court shall fix a time and place for hearing the LSBpetition 2124SVand (1)shall 87give -18-the lh/rjregistration 18/94official S.F.who refused to register the petitioner’s delayed certificate of birth at least ten days’ notice of such hearing.
405 petition and shall give the registration official who refused to register the petitioner’s delayed certificate of birth at least ten days’ notice of such hearing.
If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as the case may require and shall issue an order on a form prescribed andSenate furnishedFile by405, thep. state registrar to establish a record of birth.
18 and furnished by the state registrar to establish a record of birth.
Section 154B.1, subsections 2 and 6, Code 2017, are LSBamended 2124SVto (1)read 87as -19-follows: lh/rj 19/94 S.F.
405 amended to read as follows:
“Practice of psychology” means the application of established principles of learning, motivation, perception, thinking,Senate andFile emotional405, relationsp. to problems of behavior adjustment, group relations, and behavior modification, by persons trained in psychology for compensation or other personal gain.
19 thinking, and emotional relations to problems of behavior adjustment, group relations, and behavior modification, by persons trained in psychology for compensation or other personal gain.
After obtaining agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than fifty percent of the lands situated in the LSBsubdistrict, 2124SVa (1)subdistrict 87shall -20-have lh/rjthe 20/94authority S.F.to impose a special annual tax, the proceeds of which shall be used for the repayment of actual and necessary expenses incurred to organize the subdistrict, ;
405 subdistrict, a subdistrict shall have the authority to impose a special annual tax, the proceeds of which shall be used for the repayment of actual and necessary expenses incurred to organize the subdistrict, ;
The board or boards of supervisors shall upon receipt of certification from the governing body of the district subdistrict make the necessary levy on the assessed valuation of all real estate within the boundaries of the subdistrict lying within their respective county to raise said amounts, but in no event to exceed one dollar and eight cents per thousand dollarsSenate ofFile assessed405, value.p.
20 dollars of assessed value.
The state entomologist, the entomologist’s inspectors or duly authorized agents are authorized to seize, destroy, or return to the point of origin any material received in this state in violation of any state quarantine established under the authority of subsection 1, or in violation of any federal quarantine established under the authority of the Act of August LSB20, 2124SV1912, (1)37 87Stat. -21- lh/rj 21/94 S.F.
405 20, 1912, 37 Stat.
If a cooperative association elects to vote on behalf of its members, the cooperative association shall provide each producer on whose behalf the cooperative association is expressing approval or disapprovalSenate withFile a405, descriptionp. of the question presented in the referendum together with a statement of the manner in which the cooperative association intends to cast its vote on behalf of the membership.
21 disapproval with a description of the question presented in the referendum together with a statement of the manner in which the cooperative association intends to cast its vote on behalf of the membership.
LSB3. 2124SV (1) 87 -22- lh/rj 22/94 S.F.
405 3.
If the executive committee fails to fill a vacancy, the secretary shall appoint aSenate personFile to405, fillp. it the vacancy.
22 a person to fill it the vacancy.
If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the federal Federal Food, LSBDrug, 2124SVand (1)Cosmetic 87Act, -23-codified lh/rjat 23/9421 S.F.U.S.C.
405 Drug, and Cosmetic Act, codified at 21 U.S.C.
f.Senate File 405, p.
23 f.
LSBSec. 2124SV (1) 87 -24- lh/rj 24/94 S.F.
405 Sec.
LSBSec. 2124SV (1) 87 -25- lh/rj 25/94 S.F.
405 Sec.
Section 232.188, subsection 5, paragraph e, Code 2017,Senate isFile amended405, top. read as follows:
24 2017, is amended to read as follows:
The administrator shall perform duties, shall formulate and adopt rules as may be necessary;necessary;, and shall outline policies, dictate procedure, and delegate such powers as may be necessary for competent and efficient administration.
, and shall outline policies, dictate procedure, and delegate such powers as may be necessary for competent and efficient administration.
and may adopt rules relating to the employment of personnel and the allocation of their functions and duties among the various subdivisions as competent and efficient administration may LSBrequire. 2124SV (1) 87 -26- lh/rj 26/94 S.F.
405 require.
Administer the food programs authorized by federal law, and recommend rules necessary in the administration of those programsSenate toFile the405, directorp. for promulgation adoption pursuant to chapter 17A.
25 programs to the director for promulgation adoption pursuant to chapter 17A.
LSBSec. 2124SV (1) 87 -27- lh/rj 27/94 S.F.
405 Sec.
The department may waive for one year the provisions of section 256.11, subsection 5, which require that specified subjects be offered and taught by professional staff of a school district or school, if the school district or school makes every reasonable and good-faith effort to employ a teacher licensed under chapter 272 for such a subject, and the school district or school proves to the satisfaction of the departmentSenate thatFile the405, schoolp. district or school is unable to employ such a teacher.
26 department that the school district or school is unable to employ such a teacher.
Section 256H.1, subsection 3, paragraph a, LSBsubparagraph 2124SV(1), (1)Code 872017, -28-is lh/rjamended 28/94to S.F.read as follows:
405 subparagraph (1), Code 2017, is amended to read as follows:
The stateSenate boardFile shall405, determinep. how often area boards are reviewed under the system process.
27 state board shall determine how often area boards are reviewed under the system process.
Develop and submit to the state board for approval the LSBmulti-year 2124SVstate (1)plan 87developed -29-in lh/rjaccordance 29/94with S.F.federal laws and regulations governing career and technical education.
405 multi-year state plan developed in accordance with federal laws and regulations governing career and technical education.
Review and approve career and technical education programs to ensure that the programs meet standards adopted by the state board for career and technical education pursuant to section 258.3A258.3A. .
The review shall include an assessment of the extent to which the competencies in the program are being mastered by the students enrolled, the costs are proportionate to educational benefits received, the career and technical education curriculum is articulated and integrated with other curricular offerings required of all students, theSenate programsFile would405, permitp. students with career and technical education backgrounds to pursue other educational interests in a postsecondary institutional setting, and the programs remove barriers for both traditional and nontraditional students to access educational and employment opportunities.
28 the programs would permit students with career and technical education backgrounds to pursue other educational interests in a postsecondary institutional setting, and the programs remove barriers for both traditional and nontraditional students to access educational and employment opportunities.
LSBSec. 2124SV (1) 87 -30- lh/rj 30/94 S.F.
405 Sec.
NEWSenate SUBSECTIONFile .405, p.
29 NEW SUBSECTION .
The membership of each local advisory LSBcouncil 2124SVshall (1)consist 87of -31-public lh/rjmembers 31/94with S.F.expertise in the occupation or occupational field related to the career and technical education program.
405 council shall consist of public members with expertise in the occupation or occupational field related to the career and technical education program.
Section 258.14, subsection 3, paragraph f, unnumbered paragraph 1, Code 2017, is amended to read as follows:Senate File 405, p.
30 follows:
LSBSec. 2124SV (1) 87 -32- lh/rj 32/94 S.F.
405 Sec.
The stateSenate accreditationFile process405, shallp. be integrated with the accreditation process of the higher learning commission, including the evaluation cycle, the self-study process, and the criteria for evaluation, which shall incorporate the standards for community colleges developed under section 260C.48;
and31 state accreditation process shall identifybe integrated with the accreditation process of the higher learning commission, including the evaluation cycle, the self-study process, and makethe provisioncriteria for theevaluation, needswhich ofshall LSBincorporate 2124SVthe (1)standards 87for -33-community lh/rjcolleges 33/94developed S.F.under section 260C.48;
405and shall identify and make provision for the needs of the state that are not met by the association’s commission’s accreditation process.
If the postsecondary institution accepts an eligible student for enrollment under this section, the institution shall send written notice to the student, the student’s parent or legal guardian in the case of a minor child, and the student’s school district or accredited nonpublic school and the school district in the case of a nonpublicSenate schoolFile student,405, orp. the Iowa school for the deaf or the Iowa braille and sight saving school.
The32 noticenonpublic shallschool LSBstudent, 2124SVor (1)the 87Iowa -34-school lh/rjfor 34/94the S.F.deaf or the Iowa braille and sight saving school.
405The notice shall list the course, the clock hours the student will be attending the course, and the number of hours of college credit that the eligible student will receive from the eligible postsecondary institution upon successful completion of the course.
If a district chooses to waive the one-year grace period, or the district fails to meet the approval standards LSBafter 2124SVone (1)year, 87the -35-director lh/rjof 35/94the S.F.board for career and technical department of education shall delegate the authority Senate File 405, p.
40533 after one year, the director of the board for career and technical department of education shall delegate the authority to the regional career and technical education planning partnership established pursuant to section 258.14 to direct the district to contract with another school district or a community college which has an approved program, for the provision of career and technical education for students of the district.
The board of directors of said district shall annually, for a period of five years after the effective date of the termination of its pension system, at the meeting at which it estimates the amount required for the general fund, in accordance with the provisions of section 298.1, estimate the additional amount if any necessary to pay to participants in the pension system who are not entitled to receive benefits LSBunder 2124SVsuch (1)system 87at -36-the lh/rjdate 36/94of S.F.termination thereof, one-fifth of the amount paid into said pension fund by such participants therein, without interest, which amount shall be levied by the board of supervisors, in accordance with provisions of section 298.8 and, in addition thereto, the board of directors of said district shall each year at the meeting at which Senate File 405, p.
40534 under such system at the date of termination thereof, one-fifth of the amount paid into said pension fund by such participants therein, without interest, which amount shall be levied by the board of supervisors, in accordance with provisions of section 298.8 and, in addition thereto, the board of directors of said district shall each year at the meeting at which it estimates the amount required for the general fund, in accordance with the provisions of section 298.1, estimate the additional amount, if any, necessary to provide the required annual payments to surviving beneficiaries of said pension system, as defined provided in section 294.12, which amount shall be levied by the board of supervisors, in accordance with the provisions of section 298.8.
The county treasurer shall collect the taxes in the same manner as other taxes, and when.when .
However, prior to entering into the agreement, a notice of intent to execute such agreement shall be published in a newspaper of general circulation within the county and the cost of such notice shall be jointly borne by the department and LSBthe 2124SVboard (1)of 87supervisors. -37- lh/rj 37/94 S.F.
405 the board of supervisors.
Section 313.5, subsection 2, Code 2017, is amended toSenate readFile as405, follows:p.
35 to read as follows:
The department is expressly charged with the duty of supervision, inspection, and direction of the work of construction of primary roads on behalf of the state, and of supervising the expenditure of all funds paid on account of such work by the state or the county on the primary road system and it shall do and perform all other matters and things necessary to the faithful completion of the work herein authorized in this section.section .
A city or county may, at its option, apply moneys allocated for use on city LSBor 2124SVcounty (1)projects 87under -38-this lh/rjsubsection 38/94toward S.F.qualifying projects on the primary road system.
405 or county projects under this subsection toward qualifying projects on the primary road system.
Funds allocated to the cities, the counties,Senate andFile the405, departmentp. which are not programmed by the end of each fiscal year shall be available for redistribution to any eligible applicant regardless of the original allocation of funds.
36 counties, and the department which are not programmed by the end of each fiscal year shall be available for redistribution to any eligible applicant regardless of the original allocation of funds.
(1) The owner of a motor vehicle subject to registration pursuant to section 321.109, subsection 1, autocycle , motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer may upon request be issued special registration plates that contain a space reserved for the LSBplacement 2124SVof (1)an 87organization -39-decal. lh/rj 39/94 S.F.
405 placement of an organization decal.
The department or the county treasurer shall refuse to renew the registration of a vehicle registered to the applicant if the department or the county treasurer knows that the applicant has a delinquent account, charge, fee, loan, taxes, or other indebtedness owed to or being collected by theSenate state,File from405, informationp. provided pursuant to sections 8A.504 and 421.17.
37 the state, from information provided pursuant to sections 8A.504 and 421.17.
An applicant may contest this action by requesting initiating a contested LSBcase 2124SVproceeding (1)from 87with -40-the lh/rjdepartment. 40/94 S.F.
405 case proceeding from with the department.
If the license is issued upon presentation of the licensee’s certification of release or discharge from active duty, DD form 214, the department shall notify the commission of veteran affairs of the county of the licensee’s residence that the licenseeSenate wasFile issued405, ap. license marked to reflect the licensee’s veteran status.
38 licensee was issued a license marked to reflect the licensee’s veteran status.
A person who violates this section for excessive operates a school bus at a speed as an operator of a school bus which exceeds a limit established under this section by ten miles an hour or less commits a simple misdemeanor punishable LSBas 2124SVa (1)scheduled 87violation -41-under lh/rjsection 41/94805.8A, S.F.subsection 10.
405 as a scheduled violation under section 805.8A, subsection 10.
(1) A person may operate or ride on an all-terrain vehicle withSenate aFile loaded405, firearm,p. whether concealed or not, without a permit to carry weapons, if the person operates or rides on land owned or possessed by the person, and the person’s conduct is otherwise lawful.
39 with a loaded firearm, whether concealed or not, without a permit to carry weapons, if the person operates or rides on land owned or possessed by the person, and the person’s conduct is otherwise lawful.
If a person is operating or riding on an all-terrain vehicle on land that is not owned or possessed by the person, LSBthe 2124SVperson (1)may 87operate -42-or lh/rjride 42/94the S.F.all-terrain vehicle with a loaded firearm, whether concealed or not, if all of the following apply:
405 the person may operate or ride the all-terrain vehicle with a loaded firearm, whether concealed or not, if all of the following apply:
While in the receiving state pursuant to a contract under this subsection, a person detained, committed, or placed under the laws of a sending state shall be subject to all laws andSenate regulationsFile of405, thep. receiving state, except those laws and regulations with respect to the involuntary civil commitment of the person due to a mental illness or substance-related disorder.
A40 personand shallregulations notof bethe sentreceiving tostate, aexcept receivingthose statelaws pursuantand toregulations awith contractrespect underto thisthe sectioninvoluntary subsectioncivil untilcommitment of the LSBperson 2124SVdue (1)to 87a -43-mental lh/rjillness 43/94or S.F.substance-related disorder.
405A person shall not be sent to a receiving state pursuant to a contract under this section subsection until the receiving state has enacted a law recognizing the validity and applicability of this subsection.
Upon receipt of a valid petition, as defined in meeting the requirements of section 362.4, requesting a change to a council representation plan, the council shall submit the question at aSenate specialFile election.405, p.
If41 a majorityspecial ofelection. the persons voting at LSB 2124SV (1) 87 -44- lh/rj 44/94 S.F.
405If a majority of the persons voting at the special election approves the changed plan, it becomes effective at the beginning of the term following the next regular city election.
The estimated total cost of any public improvement constructed under this part division must include all of the items of cost listed in section 384.37, subsection 26, which the council proposes to include as a part of the cost of the public improvement, and may include an item to be known as the default fund amounting to not more than ten percent of the portion of the total cost of the improvement which the council LSBproposes 2124SVto (1)assess 87against -45-specially lh/rjbenefited 45/94property. S.F.
405 proposes to assess against specially benefited property.
4.Senate File 405, p.
42 4.
The property acquired or held pursuant to this chapter is declared to be public property used exclusively for essential city, or municipal public and governmental purposes and such property is hereby declared to be exempt from all taxes and LSBspecial 2124SVassessments (1)of 87the -46-state lh/rjor 46/94of S.F.any state public body.
405In speciallieu assessments of taxes on such property a municipality may agree to make payments to the state or ofa any state public body.body (including itself) , including to the municipality, as it finds consistent with the maintenance of the low-rent character of housing projects and the achievement of the purposes of this chapter.
In lieu of taxes on such property a municipality may agree to make payments to the state or a state public body (including itself), including to the municipality, as it finds consistent with the maintenance of the low-rent character of housing projects and the achievement of the purposes of this chapter.
Section 403A.12, Code 2017, is amended to read as follows:Senate File 405, p.
43 follows:
The bonds and other obligations issued under the provisions of this chapter (and such bonds and obligations shall so state on their face) shall be payable solely from the sources provided in this section and shall not constitute an indebtedness within the LSBmeaning 2124SVof (1)any 87constitutional -47-or lh/rjstatutory 47/94debt S.F.limitation or restriction.
405 meaning of any constitutional or statutory debt limitation or restriction.
The tax exemption provisions of this chapter shall be considered part of the security for the repaymentSenate ofFile bonds405, andp. shall constitute, by virtue of this chapter and without the necessity of the same being restated in said bonds, a contract between the bondholders and each and every one thereof, including all transferees of said bonds from time to time on the one hand and the respective municipalities issuing said bonds and the state on the other.
44 repayment of bonds and shall constitute, by virtue of this chapter and without the necessity of the same being restated in said bonds, a contract between the bondholders and each and every one thereof, including all transferees of said bonds from time to time on the one hand and the respective municipalities issuing said bonds and the state on the other.
Provided, provided that the contract requires that, as soon as practicable after the LSBfederal 2124SVgovernment (1)is 87satisfied -48-that lh/rjall 48/94defaults S.F.with respect to the housing project have been cured and that the housing project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the municipality the housing project as then constituted.
405 federal government is satisfied that all defaults with respect to the housing project have been cured and that the housing project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the municipality the housing project as then constituted.
An eligible taxpayer who has entered into an agreement under section 404A.3, subsection 3, is eligible to receive a historic preservation and cultural and entertainment district taxSenate creditFile in405, anp. amount equal to twenty-five percent of the qualified rehabilitation expenditures of a qualified rehabilitation project that are specified in the agreement.
45 tax credit in an amount equal to twenty-five percent of the qualified rehabilitation expenditures of a qualified rehabilitation project that are specified in the agreement.
An annual report shall be filed which shall include but is not limited to data on the number and potential value of qualified rehabilitation projects begun during the latest twelve-month period, the total historic preservation and LSBcultural 2124SVand (1)entertainment 87district -49-tax lh/rjcredits 49/94originally S.F.awarded or tax credit certificates originally issued during that period, the potential reduction in state tax revenues as a result of all awarded or issued tax credits still unclaimed and eligible for refund, and the potential increase in local property tax revenues as a result of the qualified rehabilitation projects.
405 cultural and entertainment district tax credits originally awarded or tax credit certificates originally issued during that period, the potential reduction in state tax revenues as a result of all awarded or issued tax credits still unclaimed and eligible for refund, and the potential increase in local property tax revenues as a result of the qualified rehabilitation projects.
Subject to like terms, conditions, limitations, and restrictions the system has full power to hold, purchase, sell, assign, transfer, or dispose of any of the securities and investments in which the fund has been invested, as well as of the proceeds ofSenate theFile investments405, andp. any moneys belonging to the fund.
46 of the investments and any moneys belonging to the fund.
Every person or corporation being a resident of or having a place of business in this state, including lessees or mortgagors of real or personal property, fiduciaries, employers and all officers and employees of the state or of any political subdivision of the state, or agent of the person or LSBcorporation, 2124SVhaving (1)the 87control, -50-receipt, lh/rjcustody, 50/94disposal S.F.or payment of interest (other other than interest coupons payable to bearer) bearer, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, unemployment compensation, royalties, patronage dividends, or other fixed or determinable annual or periodical gains, profits and income, in an amount sufficient to require that an information return be filed under the Internal Revenue Code if the income is subject to federal tax, paid or payable during any year to any individual, whether a resident of this state or not, shall make a complete information return under such regulations and in such form and manner and to such extent as may be prescribed by the director.
405 corporation, having the control, receipt, custody, disposal or payment of interest (other other than interest coupons payable to bearer) bearer, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, unemployment compensation, royalties, patronage dividends, or other fixed or determinable annual or periodical gains, profits and income, in an amount sufficient to require that an information return be filed under the Internal Revenue Code if the income is subject to federal tax, paid or payable during any year to any individual, whether a resident of this state or not, shall make a complete information return under such regulations and in such form and manner and to such extent as may be prescribed by the director.
The taxes imposed under this division shall be reduced by aSenate historicFile preservation405, andp. cultural and entertainment district tax credit allowed under chapter 404A.
47 a historic preservation and cultural and entertainment district tax credit allowed under chapter 404A.
“Distribution center” does not mean a building or structure used primarily to store raw agricultural products, used primarily by a manufacturer LSBto 2124SVstore (1)goods 87to -51-be lh/rjused 51/94in S.F.the manufacturing process, used primarily for the storage of petroleum products, or used for the retail sale of goods.
405 to store goods to be used in the manufacturing process, used primarily for the storage of petroleum products, or used for the retail sale of goods.
“Warehouse” means a building or structure used as a public warehouse for the storage of goods pursuant to chapter 554,Senate articleFile 7,405, exceptp. that it does not mean a building or structure used primarily to store raw agricultural products or from which goods are sold at retail.
48 554, article 7, except that it does not mean a building or structure used primarily to store raw agricultural products or from which goods are sold at retail.
A city council, or a county board of supervisors as authorized by section 427B.2, may provide by ordinance for a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate, research-service facilities, LSBwarehouses, 2124SVdistribution (1)centers 87and -52-the lh/rjacquisition 52/94of S.F.or improvement to machinery and equipment assessed as real estate pursuant to section 427A.1, subsection 1, paragraph “e”.
405 warehouses, distribution centers and the acquisition of or improvement to machinery and equipment assessed as real estate pursuant to section 427A.1, subsection 1, paragraph “e”.
“Warehouse” means a building or structure used as a public warehouse for the storage of goods pursuant to chapter 554, article 7,7 , except that it does not mean a building or structureSenate usedFile primarily405, top. store raw agricultural products or from which goods are sold at retail.
“Distribution49 center” means a building or structure used primarily forto thestore storageraw ofagricultural goodsproducts whichor arefrom intendedwhich forgoods subsequentare shipmentsold toat retailretail. LSB 2124SV (1) 87 -53- lh/rj 53/94 S.F.
405“Distribution center” means a building or structure used primarily for the storage of goods which are intended for subsequent shipment to retail outlets.
The LSBSenate 2124SVFile (1)405, 87p. -54- lh/rj 54/94 S.F.
40550 protest shall consist simply of a statement of the error, or errors, complained of with such facts as may lead to their correction, and at such .
A city or county may at any time during regular working hours enter upon the premises of a sanitary disposal project, LSBincluding 2124SVthe (1)premises 87of -55-a lh/rjsanitary 55/94landfill, S.F.in order to inspect the premises and monitor the operations and general administration of the project to ensure compliance with the agreement and with state and federal laws.
405This includingincludes theSenate premisesFile of405, ap. sanitary landfill, in order to inspect the premises and monitor the operations and general administration of the project to ensure compliance with the agreement and with state and federal laws.
This51 includes the right of the city or county to enter upon the premises of a former sanitary disposal project which has been closed, including the premises of a former sanitary landfill, owned by a private agency, for the purpose of providing required postclosure care.
Upon request by resolution of any city, or county, or any legal agency thereof of any city or county, the executive council may, upon majority recommendation of the commission, convey without consideration to such city, or county, or legal LSBagency 2124SVthereof (1)of 87the -56-city lh/rjor 56/94county, S.F.such public lands under the jurisdiction of the commission as in its judgment may be desirable for city or county parks.
405Conveyance agencyshall thereofbe in the name of the citystate, orwith county,the great seal of the state attached and shall contain a provision that when such lands cease to be used as public park by said city or county such lands underrevert to the jurisdictionstate, ofand thesuch commissionpark asshall, inwithin itsone judgmentyear mayafter such land has reverted to the state, be desirablerestored, foras citynearly oras countypossible, parks.Senate File 405, p.
Conveyance52 shall be in the name of the state, with the great seal of the state attached and shall contain a provision that when such lands cease to be used as public park by said city or county such lands revert to the state, and such park shall, within one year after such land has reverted to the state, be restored, as nearly as possible, to the condition it was in when acquired by such city, county, or legal agency thereof of the city or county at the expense of such city, county, or legal agency.
Any municipality or corporation owning a permit granted hereby desiring under this subchapter, which desires to acquire an extension of said the permit, may petition the commission in the same manner provided for the granting of such the permit and the same proceeding shall be had on the extension petition LSBas 2124SVon (1)an 87original -57-application. lh/rj 57/94 S.F.
405 as on an original application.
Additional surveys and reports must be made in accordance with theSenate provisionsFile of405, sectionsp. 468.11 and 468.12.
53 the provisions of sections 468.11 and 468.12.
When the land is a state-owned lake or state-owned wetland, the commissioners shall ascertain the benefits LSBrealized 2124SVfrom (1)removing 87excess -58-water lh/rjand 58/94shall S.F.not consider any benefit realized if the state-owned lake or state-owned wetland were drained or converted to another land use.
405 realized from removing excess water and shall not consider any benefit realized if the state-owned lake or state-owned wetland were drained or converted to another land use.
The interest coupons attached to such bonds may likewise be applied at their face value to the payment of assessmentsSenate forFile interest405, accounts,p. delinquent or future.
54 assessments for interest accounts, delinquent or future.
Notwithstanding section 478.21, in addition to any other applicable requirements pursuant to this chapter, if a petition for a franchise to construct a merchant line that involves the taking of property under eminent domain is not approved by the board and a franchise granted within three years following the LSBdate 2124SVthe (1)petition 87is -59-filed lh/rjwith 59/94the S.F.board pursuant to section 478.3, the board shall reject the petition and make a record of the rejection.
405 date the petition is filed with the board pursuant to section 478.3, the board shall reject the petition and make a record of the rejection.
The address and the signature of the applicant and all signatures andSenate otherFile writing405, requiredp. information shall be in writing.
55 and other writing required information shall be in writing.
Failure to keep or submit the required records and reports is grounds for refusal to renew a license for LSBthe 2124SVsucceeding (1)year. 87 -60- lh/rj 60/94 S.F.
405 the succeeding year.
A nonresident youth under sixteen years of age may hunt game birds on a licensed hunting preserve upon securing an annual hunting preserve hunting license restricted to hunting preserves only for a license fee of five dollars and payment of theSenate wildlifeFile habitat405, fee.p.
56 the wildlife habitat fee.
LSBThe 2124SVdepartment (1)may 87either -61-refuse lh/rjto 61/94issue, S.F.refuse to renew, or suspend or revoke a hunting preserve operator’s license if the department finds that the licensed area or the operator or employees of the licensed area are not in compliance with this chapter, or that the property or area is operated in violation of this chapter or administrative rules adopted under this chapter.
405 The department may either refuse to issue, refuse to renew, or suspend or revoke a hunting preserve operator’s license if the department finds that the licensed area or the operator or employees of the licensed area are not in compliance with this chapter, or that the property or area is operated in violation of this chapter or administrative rules adopted under this chapter.
When a controlling interest in two or more corporations, at least one of which is an insurance company domiciled in this state, is held by any person, group of persons, firm, or corporation, no exchange of stock, transfer or sale ofSenate securities,File or405, loanp. based upon securities of any such corporation shall take place between such corporations, or between such person, group of persons, firm or corporation and such corporations, without first securing the approval of the insurance commissioner.
If,57 inof thesecurities, opinionor ofloan thebased insuranceupon commissioner,securities suchof sale,any transfer,such exchange,corporation orshall loantake wouldplace bebetween impropersuch andcorporations, wouldor workbetween tosuch theperson, detrimentgroup of anypersons, firm or corporation and such insurancecorporations, LSBwithout 2124SVfirst (1)securing 87the -62-approval lh/rjof 62/94the S.F.insurance commissioner.
405If, in the opinion of the insurance commissioner, such sale, transfer, exchange, or loan would be improper and would work to the detriment of any such insurance company, the commissioner shall have the power to prohibit the transaction.
2.Senate File 405, p.
58 2.
LSBSec. 2124SV (1) 87 -63- lh/rj 63/94 S.F.
405 Sec.
A policy issued to any nonprofit industrial association (to, which shall be be deemed the policyholder) policy holder, incorporated for a period of at least ten years and organized for purposes other than obtaining insurance, subject to the following requirements:
A medical service corporation organized under chapter 504, Code 1989, or current chapter 504, and governed by this LSBchapter, 2124SVmay (1)enter 87into -64-contracts lh/rjwith 64/94subscribers S.F.to furnish Senate File 405, p.
40559 chapter, may enter into contracts with subscribers to furnish health care service through physicians and surgeons, dentists, podiatric physicians, osteopathic physicians, osteopathic physicians and surgeons, or chiropractors.
Section 514.15, Code 2017, is amended to read as LSBfollows: 2124SV (1) 87 -65- lh/rj 65/94 S.F.
405 follows:
Every corporation organized under the provisions of chapter 504, Code 1989, or current chapter 504, and governed by this chapter, is hereby declared to be a charitable and benevolent institutionSenate butFile its405, propertyp. and funds, including subscribers’ contracts, shall not be exempt from taxation.
60 institution but its property and funds, including subscribers’ contracts, shall not be exempt from taxation.
The plan shall state whether LSBthe 2124SVinsurer (1)will 87be -66-organized lh/rjas 66/94a S.F.for-profit corporation pursuant to chapter 490 or 491 or a nonprofit corporation pursuant to chapter 504.
405 the insurer will be organized as a for-profit corporation pursuant to chapter 490 or 491 or a nonprofit corporation pursuant to chapter 504.
All directors comprising this initialSenate boardFile of405, directorsp. shall be selected by an independent committee appointed by the state commissioner of insurance.
61 initial board of directors shall be selected by an independent committee appointed by the state commissioner of insurance.
The plan of operation and any amendments thereto shall become effective only after promulgation of the plan or amendment by the commissioner as a rule pursuant to section LSB17A.4: 2124SV (1) 87 -67- lh/rj 67/94 S.F.
405 17A.4:
Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted bySenate theFile association405, andp. approved by the commissioner.
62 by the association and approved by the commissioner.
As used in this chapter, unless the context otherwise requires, “agricultural purpose” means a purpose related to the production, harvest, exhibition, marketing, transportation, processing or manufacture of agricultural products by a person who cultivates, plants, propagates or nurtures the agricultural products.:products.
“Agricultural products” includes agricultural, horticultural, viticultural, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured LSBproducts, 2124SVand (1)any 87and -68-all lh/rjproducts 68/94raised S.F.or produced on farms and any processed or manufactured products thereof.
405 products, and any and all products raised or produced on farms and any processed or manufactured products thereof.
§1639e(1) (a)–(i), and regulations thereunder including but not limited to the requirement that appraisers who complete an appraisal in connection with a consumer credit transaction secured by the principal dwelling ofSenate theFile consumer405, bep. compensated with a customary and reasonable fee.
63 of the consumer be compensated with a customary and reasonable fee.
Section 600.5, subsection 13, Code 2017, is LSBamended 2124SVto (1)read 87as -69-follows: lh/rj 69/94 S.F.
405 amended to read as follows:
Any writing or record, whether in the form of an entry in a book, or otherwise, including electronic means and interpretationsSenate thereof,File offered405, asp. memoranda or records of acts, conditions, or events to prove the facts stated therein, shall be admissible as evidence if the judge finds that they were made in the regular course of a business at or about the time of the act, condition, or event recorded, and ;
64 interpretations thereof, offered as memoranda or records of acts, conditions, or events to prove the facts stated therein, shall be admissible as evidence if the judge finds that they were made in the regular course of a business at or about the time of the act, condition, or event recorded, and ;
Evidence of the absence of a memorandum or record from the memoranda or records of a business of an asserted act, event, or condition, shall be admissible as evidence to prove the nonoccurrence of the act or event, or the nonexistence of LSBthe 2124SVcondition, (1)if 87the -70-judge lh/rjfinds 70/94that S.F.it was in the regular course of that business to make such memoranda or records of all such acts, events, or conditions at the time thereof or within a reasonable time thereafter, and to preserve them the memoranda or records .
405 the condition, if the judge finds that it was in the regular course of that business to make such memoranda or records of all such acts, events, or conditions at the time thereof or within a reasonable time thereafter, and to preserve them the memoranda or records .
....., Deceased NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO CREDITORS ToSenate AllFile Persons405, Interestedp. in the Estate of ....., Deceased, who died on or about .....
65 To All Persons Interested in the Estate of ....., Deceased, who died on or about .....
Notice is hereby given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above-named district court, as provided by law, duly authenticated, for allowance, LSBand, 2124SVunless (1)so 87filed -71-by lh/rjthe 71/94later S.F.to occur of four months from the date of second publication of this notice or one month from the date of the mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred.
405 and, unless so filed by the later to occur of four months from the date of second publication of this notice or one month from the date of the mailing of this notice (unless otherwise allowed or paid), a claim is thereafter forever barred.
Sec.Senate File 405, p.
66 Sec.
2014 Iowa Acts, chapter 1080, section 118, is amended by striking the section and inserting in lieu thereof LSBthe 2124SVfollowing: (1) 87 -72- lh/rj 72/94 S.F.
405 the following:
DIVISIONSenate VFile EFFECTIVE405, DATESp. LSB 2124SV (1) 87 -73- lh/rj 73/94 S.F.
40567 DIVISION V EFFECTIVE DATES Sec.
EXPLANATION______________________________ The______________________________ inclusionJACK ofWHITVER thisLINDA explanationUPMEYER doesPresident notof constitutethe agreementSenate withSpeaker of the explanation’sHouse substanceI byhereby thecertify membersthat ofthis bill originated in the generalSenate assembly.and is known as Senate File 405, Eighty-seventh General Assembly.
This______________________________ billW. contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities.
TheCHARLES CodeSMITHSON sectionsSecretary amendedof include the following:Senate Approved _______________, 2017 ______________________________ TERRY E.
DIVISIONBRANSTAD I.Governor
Code sections 2.48, 16.50, 404A.1, 404A.2, 404A.3, 404A.5, 422.11D, 422.33, 422.60, and 432.12A:
Strikes the words “and cultural and entertainment” from the name of the tax credit provided for in Code chapter 404A for certain historic properties to reflect the elimination of the ties to the cultural and entertainment districts and programs by 2014 Iowa Acts, ch.
1118.
Section 2.48, subsection 3, paragraph “h”:
Strikes, effective July 1, 2030, a provision referencing the renewable chemical production tax credit program, to reflect the repeal of that tax credit program on that same date.
Section 7A.1:
Numbers unnumbered paragraphs to facilitate citation, updates language, and splits a sentence into two sentences in this provision relating to submission of official reports by state officials, boards, commissions, and heads of departments.
Section 7E.3:
Conforms the language of the subsection 5 headnote to the text of the subsection which pertains to the provision of public benefits to persons in this state.
Section 9C.1:
Updates the Code section headnote to reflect Code section content, numbers unnumbered paragraphs to facilitate citation, and replaces the words “as used LSB 2124SV (1) 87 -74- lh/rj 74/94 S.F.
405 herein” with “As used in this chapter, the” to clarify the applicability of a definition of the term “transient merchant” in this provision describing the applicability of this chapter regulating transient merchants.
Section 9C.2:
Removes “as herein defined” to correspond with changes made in the bill to Code section 9C.1, updates verbiage, and clarifies the meaning of “herein” by replacing the word with the phrase “in this chapter” in this provision requiring transient merchants to be licensees and comply with Code chapter 9C in order to conduct business.
Section 9C.3:
Removes “as defined herein” to correspond with changes made in the bill to Code section 9C.1, and breaks a long sentence into two sentences in this provision regarding the information that must be supplied in an application for licensing as a transient merchant.
Section 9C.4:
Updates language, divides a long sentence into several sentences, numbers unnumbered paragraphs, and clarifies the meaning of an internal reference to “the above provisions” in this provision regarding the posting of a bond by an applicant for a license as a transient merchant.
Section 9E.3:
In subsection 1, paragraph “b”, unnumbered paragraph 1, strikes the words “any of” to conform to the use of the alternative “either” in subparagraph (1) and the sense of the balance of this provision regarding the contents of a statement by an applicant for protection under the address confidentiality program.
In subsection 3, the words “the” and “of” are added to conform language relating to certification of an applicant as a program participant to earlier language in this Code section which indicates that the applicant is the person who files the application for protection under the address confidentiality program with the secretary of state.
Sections 12.8, 97A.7, 97B.4, 262.14, 411.7, and 602.9111:
Inserts a reference to Code chapter 12J after references to Code chapters 12F and 12H in these provisions relating to investments of public funds to reflect the fact that the LSB 2124SV (1) 87 -75- lh/rj 75/94 S.F.
405 provisions which prohibit or restrict the investment of public funds in companies that boycott Israel and are contained in Code chapter 12J are nearly identical to provisions which prohibit or restrict the investment of public funds companies that support the governments of Sudan or Iran and are contained in Code chapters 12F and 12H.
Section 12.71:
Adds the word and figure “Code 2016” after a citation to Code section 15F.102 to reflect the amendments made by 2016 Iowa Acts, ch.
1115, which replaced the former vision Iowa board with the enhance Iowa board and began a process for the phasing out of bonds issued for purposes of the vision Iowa fund.
Section 12B.10:
Strikes obsolete language originally enacted in 1992 Iowa Acts, ch.
1156, to allow certain joint investment trusts time to comply with the requirements of this provision establishing rating and registration requirements for joint investment trusts in which political subdivisions may invest public funds.
Section 12B.12:
Replaces a reference to “such” settlement with a reference to a settlement described under Code section 12B.11 to provide a more specific reference describing which settlements are meant in this provision regarding the duties of officers responsible for examining the accounts of entities which invest public funds.
Section 12B.13:
Replaces a reference to “such” settlement with a reference to a settlement described under Code section 12B.11 in this provision regarding the reporting by the state treasurer to the department of management or by a county treasurer to the county auditor of any settlements that are made.
Section 15F.103:
Strikes language that includes as a duty of the enhance Iowa board a requirement that the board request that the treasurer of state issue bonds on behalf of the board for purposes of the vision Iowa program to reflect amendments made by 2016 Iowa Acts, ch.
1115, which eliminated LSB 2124SV (1) 87 -76- lh/rj 76/94 S.F.
405 the vision Iowa board, eliminated the process for requests for bond issuance, and began a process for the phasing out of bonds previously issued for purposes of the vision Iowa fund.
Section 16.28:
Changes “to” to “through” to conform a string citation to current bill drafting style and to clarify that the last Code section in the citation should be included as one of the remedies which may be enforced by bondholders and noteholders of bonds issued by the Iowa finance authority.
Section 17A.6A:
Adds numeric references to the Code sections governing the filing of certain petitions to language describing those petitions and conforms the language describing a type of petition that can be filed in a rulemaking proceeding to the language of the Code section governing the filing of that type of petition.
Section 22.1:
Adds the words “As used in this chapter” at the beginning of the Code section, strikes the words “The term” in subsections 1 and 2, and strikes the words “As used in this chapter” from subsection 3, to clarify the applicability of these general definitions of terms within the public records Code chapter and to conform the style of the provision to other general definitions provisions elsewhere in the Code.
Section 28F.5:
Numbers unnumbered paragraphs and conforms language by deleting the word “such” to reflect the style used elsewhere in the Code chapter in this provision relating to sources of payment for, rates and charges established for payment of, and pledges of revenue for payment of the costs of joint public works and facilities projects.
Section 28F.10:
Divides a run-on sentence into two sentences and updates language by deleting the words “such” and “said” in this provision relating to the issuance of refunding bonds to provide funds for the payment of bonds issued, and expenses incident to the calling, retiring, or paying of outstanding bonds to be refunded, for the joint financing of public works and facilities projects.
Section 29C.24:
Conforms several instances of a term used LSB 2124SV (1) 87 -77- lh/rj 77/94 S.F.
405 to describe work covered under this provision, which provides for a reduced level of governmental regulation of that work when performed within the state of Iowa, to the defined term “disaster or emergency-related work”.
Section 35C.2:
Replaces the word “hereinbefore” with a specific reference to Code section 35C.2 to clarify the meaning of language providing that persons who are entitled to preference due to their status as a veteran are not to be disqualified for certain positions.
Section 35C.6:
Replaces the word “herein” with the words “in this chapter” to clarify the meaning of the reference in this provision relating to the procedures required before a person entitled to certain preferences due to their status as a veteran may be removed from employment in a public position.
Section 43.2:
Adds the words “As used in this chapter, unless the context otherwise requires” at the beginning, deletes the same language from a later paragraph, moves language in order to alphabetize defined terms, and corrects an internal reference in this general definitions section in the Code chapter regarding partisan nominations and primary elections.
Section 48A.7A:
Replaces the word “validity” that precedes the words “expiration date” with the word “valid” to clarify the meaning of language describing the requirements for the types of identification that may be used to establish identity and residence for purposes of voting in an election.
Section 80.45:
Rewrites language of one of the provisions describing the duties of the office to combat human trafficking to eliminate awkward usage regarding anti-human trafficking activity.
Sections 92.3 and 92.23:
Conforms terminology used to describe a class of labor to the terminology used elsewhere in this Code chapter to describe the same class of labor in this Code chapter that regulates the employment of children in certain occupations.
LSB 2124SV (1) 87 -78- lh/rj 78/94 S.F.
405 Section 92.9:
Adds the word “state” to correct a reference by name to the board which governs career and technical education in this provision excepting work performed in certain courses of education from regulation under the child labor Code chapter.
Section 96.29:
Strikes obsolete language from this provision excluding certain claims for extended unemployment benefits from provisions applying special qualifications to those claims.
Section 101.26:
In subsection 1, modifies language to read “rule adopted or order issued” to conform this provision regarding the applicability of civil penalties to persons violating requirements of the state fire marshal regarding storage of combustible and flammable liquids and liquefied gases to similar language used in subsections 2, 3, and 4 of this same Code section.
Section 123.30:
Adds the words “liquor control” after references to certain license types in these two provisions relating to issuance of those types of liquor control licenses to conform the language used to describe the license types elsewhere in this provision.
Section 123.141:
Corrects the punctuation in a series, adds a missing verb, and replaces language describing certain drug stores with the defined term “pharmacy” which includes the same language in this provision excluding the keeping of alcohol in stock for medicinal and compounding purposes from prohibitions against the keeping of liquor in a place of business in which beer is sold.
Section 139A.8:
Strikes the word “is” to conform a second modifying clause to the form of the first modifying clause in this provision establishing the standards to be used to gauge the adequacy of evidence of immunization that must be shown before a person may be enrolled in school in the seventh or twelfth grade in this state.
Section 144.18:
Numbers unnumbered paragraphs and changes LSB 2124SV (1) 87 -79- lh/rj 79/94 S.F.
405 “to” to “through” within a string citation to improve citation to this provision relating to court hearings pertaining to registrations of delayed certificates of birth and the requirements for issuance of copies of the court order regarding the record of birth.
Section 153.33:
Revises punctuation and changes “provided that” to “if” to connect the final clause of this provision relating to judicial review of actions taken by the board of dentistry to initial language in the provision that describes the powers of the court.
Section 154B.1:
Adds a comma and strikes a colon and eliminates capitalization of the first letter of the word “counseling” to update the style of a series in language describing the principles used in the practice of psychology.
Section 155A.6A:
Strikes obsolete language enacted in 2010 Iowa Acts, ch.
1193, that provided a process for certain pharmacy technicians to comply with the certification and registration requirements imposed by 2007 Iowa Acts, ch.
20.
Section 161A.20:
Corrects the punctuation and grammar of a series and changes “as hereinbefore designated” to a specific internal reference to Code section 161A.19 to clarify the meaning of the language referring to a governing body in this provision relating to a special annual tax that may be imposed in order to organize and make improvements within the boundaries of soil conservation districts.
In subsection 4, the word “district” is also changed to “subdistrict” to conform to other language within this same Code section.
Section 168.8:
Strikes references to certain entities because those entities are currently already included within the defined term “person” which is part of the language providing that violations of the Code chapter regulating the business of hatching or producing baby chicks are a simple misdemeanor.
Section 177A.12:
Updates the name and citation to the federal Act which governs the work performed by the state LSB 2124SV (1) 87 -80- lh/rj 80/94 S.F.
405 entomologist.
Section 179.13:
Numbers unnumbered paragraphs and corrects the name and citation to the federal Act relating to the production of dairy products in this provision governing referenda regarding the imposition of an excise tax to fund milk marketing efforts by the Iowa dairy industry commission.
Section 181.3:
Adds the words “appoint a person to” and “the vacancy”, and strikes the word “it”, to clarify language relating to the filling of vacancies in the membership of the executive committee of the beef cattle producers association.
Section 198.7:
Corrects the name of and adds a citation to the federal Act relating to food, drugs, and cosmetics in this provision relating to when commercial feed is deemed to be adulterated.
Section 218.48:
Breaks a list of headings that appear after a colon into a numbered list to improve citation to and remove ambiguities in this provision articulating the headings under which inventories of stock and supplies are to be listed in the annual reports of institutions governed by the department of human services.
Section 232.114:
Adds the words “and the attorney general” in subsection 4 of this section to conform to language in subsection 3 that indicates that the attorney general may also represent the interests of the state in termination of parent-child relationship proceedings and to conform this language to the correction made in similar language in Code section 232.90 by 2014 Iowa Acts, ch.
1092, §51.
Sections 232.188 and 237A.25:
Corrects the name of the state entity responsible for receiving certain child welfare and juvenile justice reports and to be consulted in the development of consumer information on child care providers to conform to changes made by 2010 Iowa Acts, ch.
1031.
Section 234.6:
Changes the word “promulgation” to “adoption” to conform language relating to the adoption of rules regarding the administration of food programs authorized LSB 2124SV (1) 87 -81- lh/rj 81/94 S.F.
405 by federal law to the language used in Code chapter 17A to describe the rulemaking process.
Section 256.11:
Conforms language used to describe career and technical education programming to revisions to similar terminology which were made by 2016 Iowa Acts, ch.
1108.
Section 256.29:
Repeals this obsolete provision establishing the council on educator development, which has completed its work and has submitted the final report required by this Code section on November 15, 2016.
Section 256.39:
Strikes obsolete language regarding a 1998 report by the department of education on career pathways programs.
Section 256.42:
Restructures language in order to separate from each other two different methods of providing specified units of instruction otherwise required to be provided in a regular classroom setting through online learning platforms under a waiver granted by the department of education.
Section 256H.1:
Corrects two incorrect citations to a federal Act that defines the term “active duty” and which is referenced within this Code section which contains the interstate compact on educational opportunity for military children.
Section 256I.4:
Changes the word “system” to “process” in this provision relating to the duties of the early childhood Iowa state board to reflect the elimination of the excellence rating system by 2016 Iowa Acts, ch.
1113.
Section 256I.9:
Strikes the words “and parent education programs” to reflect the addition of “parent education” by 2016 Iowa Acts, ch.
1113, to what is comprised within the term “family support services” in this provision relating to programs that may be supported by school ready children grants.
Sections 258.2, 258.3A, 258.4, 258.6, 258.9, and 258.15:
Adds the word “state”, revises a definition, and conforms language to a defined term to correct references by name to the board which governs career and technical education.
In Code LSB 2124SV (1) 87 -82- lh/rj 82/94 S.F.
405 section 258.4, a numeric reference to the Code section pursuant to which standards for career and technical education are adopted is also added after language referencing the adoption of those same standards to permit hypertext linking with that Code section.
Section 258.12:
Adds a United States Code citation after a reference by name to the federal Carl D.
Perkins Career and Technical Education Improvement Act of 2006 to permit a reader to locate the contents of that Act in this provision that designates the treasurer of state as the custodian of funds received under the auspices of that federal Act.
Section 258.14:
Adds the word “state” to correct a reference by name to the board which governs career and technical education and changes “regional advisory boards” to “local workforce development boards” to conform to changes made in Code section 84A.4 by 2016 Iowa Acts, ch.
1118, §7, in this Code section relating to regional career and technical education planning partnerships.
Section 260C.5:
Corrects a reference by name to the federal Carl D.
Perkins Career and Technical Education Improvement Act of 2006 in this provision establishing the duties of the director of the department of education regarding community colleges.
Section 260C.47:
Conforms language to adapt to the change in the name of the accreditation entity that was made by 2014 Iowa Acts, ch.
1013, §13, in this provision relating to the accreditation process for community colleges.
Section 261E.6:
Removes the word “However” from language that articulates a ground for ineligibility of a course for consideration under the postsecondary enrollment options program which succeeds another ground for considering a course as ineligible under the same program.
Section 266.39F:
Repeals this provision relating to the sale of the dairy breeding research farm at Iowa state university of science and technology.
The farm has been sold LSB 2124SV (1) 87 -83- lh/rj 83/94 S.F.
405 and the final report required by this Code section that relates to the sale and use of the proceeds was submitted to the general assembly on December 14, 2010.
Section 279.19B:
Strikes the words “of employment” and adds the words “in which a qualified individual who possesses a transitional coaching authorization is employed” to clarify the applicability of language regarding employment of certain individuals as transitional coaches.
Code section 279.19B applies generally to the employment of persons with various qualifications as head or assistant coaches for interscholastic activities.
Section 282.7:
Corrects a reference by name to the state board which governs career and technical education, conforms language relating to adoption of standards to language within Code section 258.3A, and changes a reference to the state board to a reference to the department of education to conform the language of this Code section pertaining to approval of career and technical education programs to language within Code chapter 258 outlining the duties of the director of the department of education with respect to career and technical education and defining the term “director” to mean the director of the department of education.
Section 294.14:
Changes a reference to a definition of beneficiary in Code section 294.12 to a simple reference to the provisions of that Code section and deletes another reference to that definition.
Code section 294.12 describes the payment of funds by school districts to beneficiaries under certain terminated pension systems, but does not include a definition of the term beneficiary.
Section 303.66:
Divides a run-on sentence into three sentences in this provision relating to property taxes levied in land use districts.
Section 313.2:
Divides a long sentence into two, updates language, and inserts the words “the board of supervisors and the department” to provide the correct subjects for LSB 2124SV (1) 87 -84- lh/rj 84/94 S.F.
405 the resultant second sentence in this provision regarding jurisdiction over and management of roads and streets that are part of the primary road system.
Section 313.5:
Changes a reference to the first paragraph of Code section 8.39 to a reference to subsection 1 of that same Code section in this provision regarding the appropriation of funds for the support of the state department of transportation and the primary road system.
The unnumbered paragraphs in Code section 8.39 were numbered in 1986 Iowa Acts, ch.
1245, §2022.
What was unnumbered paragraph 1, is now subsection 1.
Section 313.12:
Replaces the word “herein” with “in this section” to clarify the meaning of the type of work that the state department of transportation is authorized to perform.
Section 314.21:
Adds the word “road” between the words “primary” and “system” to conform this reference to the primary road system in this provision relating to payment for primary road construction projects to other references to the primary road system elsewhere in the Code.
Section 317.25:
Clarifies that violation of the prohibition against importation, sale, offers for sale, or distribution of certain invasive plants is a public offense.
Section 321.34:
Adds the word “autocycle” to a series of vehicle types for which an owner may request a special registration plate that contains a space reserved for placement of an organizational decal to conform to similar changes made within this Code section by 2016 Iowa Acts, ch.
1098.
Section 321.40:
Replaces, in two places, the word “requesting” with the word “initiating” and changes the word “from” to “with” to clarify the meaning of language describing the process for contesting the refusal by the state department of transportation to renew an applicant’s motor vehicle registration based upon a delinquent account, charge, fee, loan, taxes, other indebtedness, or civil penalty which is owed to or being collected by the state.
Section 321.189:
Adds the words “of veteran affairs” after LSB 2124SV (1) 87 -85- lh/rj 85/94 S.F.
405 a reference to “commission” to clarify the meaning of this instance of the use of the term “commission” in this provision relating to requests by veterans for issuance of a license that is marked to reflect the licensee’s status.
The term “commission” is defined under Code section 321.1 to mean the “transportation commission”.
Section 321.285:
Conforms language describing the excessive speed offenses by school bus drivers within this Code provision to Code section 805.8A, subsection 10, so that requirements contained in the language in each provision mirror the requirements of the other.
The language of Code section 805.8A, subsection 10, specifies that excessive speed violations by a school bus driver of more than 10 miles per hour over the limit is not a scheduled violation, but that excessive speed violations of 10 miles or less are subject to a scheduled fine.
Section 321.463:
Adds the word “road” between the words “primary” and “system” to conform this reference to the primary road system in this provision relating to the maximum gross weight that may be carried on a vehicle or combination of vehicles on highways to other references to the primary road system elsewhere in the Code.
Sections 321G.13 and 321I.14:
Conforms language relating to operating or riding snowmobiles or all-terrain vehicles with a loaded firearm to other similar language within these Code sections.
Section 325A.1:
Moves a qualifying phrase to the end of the sentence to improve the readability of this definition of the term “private carrier” in this general definitions Code section for the Code chapter regulating the operations of motor carriers.
Section 331.655:
Adds the word “for”, a comma, and the word “that” to clarify language regarding service of notice and return of notice and the fees associated with service of notice and returns by peace officers.
LSB 2124SV (1) 87 -86- lh/rj 86/94 S.F.
405 Section 331.910:
Changes the word “section” to “subsection” to conform to similar changes made in this Code section relating to contracts with other states for the care of persons with mental illness by 2016 Iowa Acts, ch.
1073.
Sections 364.2, 372.13, 376.2, and 388.2:
Changes references to a “valid petition as defined in section 362.4” to “petition meeting the requirements of section 362.4” in these provisions relating to certain petitions for elections.
Code section 362.4 does establish requirements that must be met in order for a petition to be valid, but does not contain a definition of the term “valid petition”.
Sections 384.31, 384.44, 384.66, and 384.76:
Changes the word “part” to “division” to correspond to similar editorial changes made when these provisions that were enacted in 1972 Iowa Acts, ch.
1088, were codified.
In the original enactment, the word “part” referred to the part of the 1972 Iowa Act and those parts were codified as divisions within this Code chapter in the 1975 Iowa Code.
Section 403A.10:
Replaces parentheses with commas to reflect current bill drafting style and adds the words “to the municipality” to clarify the meaning of the resulting clause in this provision relating to exemption of certain public property from taxation and payments made by municipalities in lieu of taxes or special assessments.
Section 403A.12:
Numbers unnumbered paragraphs, strikes language from within parentheses, and replaces the stricken language with language establishing the same requirements in this provision relating to the issuance of bonds by municipalities.
Section 403A.18:
Divides and rewrites a long sentence to eliminate archaic sentence construction and punctuation and to improve the readability of this provision relating to transfer of possession of or title to certain housing projects from a municipality to the federal government.
Section 422.15:
Strikes parentheses to conform to current LSB 2124SV (1) 87 -87- lh/rj 87/94 S.F.
405 drafting style in this provision requiring persons and corporations to make information returns in the form and manner required by the director of revenue.
Section 427B.1:
Restructures language pertaining to the provision of partial exemptions from property taxation of actual value added to certain property by moving the defined terms contained within the Code section into a definitions subsection and numbering the resultant remaining unnumbered paragraphs as subsections.
Section 441.48:
Divides a long sentence into four sentences to improve the readability of this provision pertaining to the process for adjustments in valuation of classes of property by the department of revenue.
Section 455B.183:
Changes “to” to “through” to conform a string citation to current bill drafting style and clarify the applicability of the last Code section in the string and conforms the capitalization of a reference to a set of standards to the style used for capitalization of similar types of documents and standards elsewhere in the Code in this provision relating to the standards to be used for sewer extensions and water supply distribution system extensions.
Section 455B.302:
Supplies a missing verb to improve the readability of this provision relating to agreements for the implementation and administration of waste management programs, collection of solid waste, and establishment and operation of sanitary disposal projects.
Section 456A.33B:
Adds the word “action” before the word “plan” to conform this reference to the term to describe joint action plans for lake restoration to other uses of the term elsewhere in this Code section.
Section 461A.32:
Numbers unnumbered paragraphs, converts two series of alternate items that are connected with the word “or” into series that utilize commas, adds a terminal comma to an existing series, and updates language by replacing the word “thereof” with “of the city or county” to improve the LSB 2124SV (1) 87 -88- lh/rj 88/94 S.F.
405 readability of this provision relating to the sale, exchange, or conveyance of certain public or park lands by the natural resources commission and the executive council.
Section 461A.68:
Replaces “it” with the words “the commission” and “hereby” with “in this subchapter” and divides a long sentence into two sentences to update, clarify, and improve the readability of this provision relating to the granting of permits for water recreational areas.
Section 461A.74:
Replaces the word “hereby” with “under this subchapter, updates language, and supplies the words “on the extension petition” to clarify the meaning and improve the readability of this provision relating to extensions of permits for water recreational areas.
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Action History
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Signed by Governor.
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Sent to Governor.
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Reported correctly enrolled, signed by President and Speaker.
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Message from House.
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Immediate message.
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Passed House, ayes 99, nays 0.
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Substituted for HF 540.
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Read first time, passed on file.
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Message from Senate.
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Immediate message.
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Passed Senate, ayes 49, nays 0.
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Committee report, approving bill.
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Introduced, placed on calendar.
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 150 not signed on
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Co-sponsors (0)
None.
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
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