Iowa 2019-2020 Regular Session Status: Enacted

HF 679 — 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 retroactive applicability provisions. (Formerly HSB 203.) Effective 7-1-19.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 11, 2019. Enacted.

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Bill Text

What changed in the latest version

2349 added · 3755 removed

2349 line(s) added, 3755 removed.

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House File 679 - Introduced HOUSE FILE 679 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 203) 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 retroactive applicability provisions.
House File 679 - Enrolled House File 679 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 RETROACTIVE APPLICABILITY PROVISIONS.
TLSB 1777HV (1) 88 lh/jh H.F.
DIVISION I MISCELLANEOUS CHANGES Section 1.
679 DIVISION I MISCELLANEOUS CHANGES Section 1.
No obligation of any kind shall be incurred or created subsequent to the last day of the fiscal year for which an appropriation is made, except when specific provision otherwise is made in the Act making the appropriation.
No obligation of any kind shall be incurred or created subsequent to the last day of the fiscal year for which an appropriation is made, except when specific provision House File 679, p.
2 otherwise is made in the Act making the appropriation.
No A payment of an obligation for goods and services shall not be charged to an appropriation subsequent to the last day of the fiscal year for which the appropriation is made LSB 1777HV (1) 88 -1- lh/jh 1/135 H.F.
No A payment of an obligation for goods and services shall not be charged to an appropriation subsequent to the last day of the fiscal year for which the appropriation is made unless the goods or services are received on or before the last day of the fiscal year, except that repair projects, purchase of specialized equipment and furnishings, and other contracts for services and capital expenditures for the purchase of land or the erection of buildings or new construction or remodeling, which were committed and in progress prior to the end of the fiscal year are excluded from this provision subsection.
679 unless the goods or services are received on or before the last day of the fiscal year, except that repair projects, purchase of specialized equipment and furnishings, and other contracts for services and capital expenditures for the purchase of land or the erection of buildings or new construction or remodeling, which were committed and in progress prior to the end of the fiscal year are excluded from this provision subsection.
The governor’s recommendation included on this record shall be considered confidential by the legislative services agency until it is made public by the governor.
The governor’s recommendation included on this record shall be considered confidential by the legislative services agency until it is made public by House File 679, p.
3 the governor.
A violation of the foregoing LSB 1777HV (1) 88 -2- lh/jh 2/135 H.F.
A violation of the foregoing provision this section shall make any person violating same, committing or consenting to the violation of same liable to the state for such the sum so expended together with interest and costs, which shall be recoverable in an action to be instituted by the attorney general for the use of the state, which .
679 provision this section shall make any person violating same, committing or consenting to the violation of same liable to the state for such the sum so expended together with interest and costs, which shall be recoverable in an action to be instituted by the attorney general for the use of the state, which .
A contract for construction by a private party of property to be lease-purchased by a state agency is a contract for a public improvement as defined in section 26.2 and is a lease-purchase arrangement for purposes of this section.
A contract for construction by a private party of property to be lease-purchased by a state agency is a contract for a public improvement as defined in section 26.2 and is a lease-purchase arrangement for purposes of this section .
The fund shall consist of moneys transferred deposited in the fund pursuant to section 8.57, subsection 5, paragraph “f”, subparagraph (1), subparagraph division (c), moneys transferred to the fund pursuant to section 423G.6, and appropriations made to the fund and transfers of interest, earnings, and moneys from other funds as provided by law.
The fund shall consist of moneys transferred deposited in the fund pursuant to section 8.57, subsection 5, paragraph “f”, subparagraph (1), subparagraph division (c), moneys transferred to the fund pursuant to section 423G.6, and appropriations made to the fund House File 679, p.
4 and transfers of interest, earnings, and moneys from other funds as provided by law.
Information on recycled content shall be requested on all bids for paper products other than printing and writing paper issued by the state and on other bids for products which could have recycled content such as oil, plastic products, including but not limited to compost materials, aggregate, solvents, LSB 1777HV (1) 88 -3- lh/jh 3/135 H.F.
Information on recycled content shall be requested on all bids for paper products other than printing and writing paper issued by the state and on other bids for products which could have recycled content such as oil, plastic products, including but not limited to compost materials, aggregate, solvents, soybean-based inks, and rubber products.
679 soybean-based inks, and rubber products.
The registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
The registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s House File 679, p.
5 registration in any state.
Cooperate with national organizations concerned with athlete agent issues and agencies in other states which LSB 1777HV (1) 88 -4- lh/jh 4/135 H.F.
Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter.
679 register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter.
h.
House File 679, p.
Engaged in conduct that adversely reflects on the LSB 1777HV (1) 88 -5- lh/jh 5/135 H.F.
6 h.
679 applicant’s credibility, honesty, or integrity.
Engaged in conduct that adversely reflects on the applicant’s credibility, honesty, or integrity.
LSB 1777HV (1) 88 -6- lh/jh 6/135 H.F.
c.
679 c.
Sec.
House File 679, p.
7 Sec.
Not later than March 25, or April 25 if the municipality is a school district, a number of persons in any municipality equal to one-fourth of one percent of those voting for the office of governor, at the last general election in the municipality, but the number shall not be less than ten, and the number need not be more than one hundred persons, who are affected by any proposed budget, expenditure or tax levy, LSB 1777HV (1) 88 -7- lh/jh 7/135 H.F.
Not later than March 25, or April 25 if the municipality is a school district, a number of persons in any municipality equal to one-fourth of one percent of those voting for the office of governor, at the last general election in the municipality, but the number shall not be less than ten, and the number need not be more than one hundred persons, who are affected by any proposed budget, expenditure or tax levy, or by any item thereof, may appeal from any decision of the certifying board or the levying board by filing with the county auditor of the county in which the municipal corporation is located, a written protest setting forth their objections to the budget, expenditure or tax levy, or to one or more items thereof, and the grounds for their objections.
679 or by any item thereof, may appeal from any decision of the certifying board or the levying board by filing with the county auditor of the county in which the municipal corporation is located, a written protest setting forth their objections to the budget, expenditure or tax levy, or to one or more items thereof, and the grounds for their objections.
If a budget is certified after March 15, or April 15 in the case of a House File 679, p.
If a budget is certified after March 15, or April 15 in the case of a school district, all appeal time limits shall be extended to correspond to allowances for a timely filing.
8 school district, all appeal time limits shall be extended to correspond to allowances for a timely filing.
(3) Emergency work or repair or maintenance work performed LSB 1777HV (1) 88 -8- lh/jh 8/135 H.F.
(3) Emergency work or repair or maintenance work performed by employees of a governmental entity, and excludes a .
679 by employees of a governmental entity, and excludes a.
(4) A highway, bridge, or culvert project, and excludes construction .
(4) A highway, bridge, or culvert project, and excludes construction.
Members of the governing body of the activity shall not be held to any personal or individual liability personally or individually liable for any action taken by them under this chapter.
Members of the governing body of the activity shall House File 679, p.
9 not be held to any personal or individual liability personally or individually liable for any action taken by them under this chapter.
If for a representative in Congress, in districts composed of more than one county, by at least two percent of the voters of the candidate’s party, as shown by the last LSB 1777HV (1) 88 -9- lh/jh 9/135 H.F.
If for a representative in Congress, in districts composed of more than one county, by at least two percent of the voters of the candidate’s party, as shown by the last general election, in each of at least one-half of the counties of the district, and in the aggregate by not less than one percent of the total vote of the candidate’s party in such district, as shown by the last general election.
679 general election, in each of at least one-half of the counties of the district, and in the aggregate by not less than one percent of the total vote of the candidate’s party in such district, as shown by the last general election.
2.
House File 679, p.
10 2.
Section 49.102, Code 2019, is amended to read as LSB 1777HV (1) 88 -10- lh/jh 10/135 H.F.
Section 49.102, Code 2019, is amended to read as follows:
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679 follows:
“Rejected Rejected because (giving reason therefor)” therefor).
“Rejected Rejected because (giving reason therefor)” House File 679, p.
11 therefor) .
All rejected ballots shall be enclosed and securely sealed in an envelope on which the precinct election officials shall endorse “Defective ballots”, with a statement of signed by the precinct election officials regarding the precinct in which and the date of the election at which they were cast, and be signed by the precinct election officials and.
All rejected ballots shall be enclosed and securely sealed in an envelope on which the precinct election officials shall endorse “Defective ballots”, with a statement of signed by the precinct election officials regarding the precinct in which and the date of the election at which they were cast, and be signed by the precinct election officials and .
The secretary shall deliver the same unopened papers described in section 59.4 to the presiding officer of the house in which the contest is to be tried, on or before the second LSB 1777HV (1) 88 -11- lh/jh 11/135 H.F.
The secretary shall deliver the same unopened papers described in section 59.4 to the presiding officer of the house in which the contest is to be tried, on or before the second day of the session, regular or special, of the general assembly next after taking the depositions, and the .
679 day of the session, regular or special, of the general assembly next after taking the depositions, and the .
66.16 Filing order —— effect.
House File 679, p.
12 66.16 Filing order —— effect.
The clerk shall file said the order issued pursuant to section 66.15, and forthwith give the defendant, by mail, notice of the time and place of hearing.
The clerk shall file said the order issued pursuant to section 66.15 , and forthwith give the defendant, by mail, notice of the time and place of hearing.
LSB 1777HV (1) 88 -12- lh/jh 12/135 H.F.
Sec.
679 Sec.
If the resolution is filed after April 1, or May 1, in the case of a school district, the annual levy shall begin with the tax levy for collection in the next succeeding fiscal year.
If the resolution is filed after April 1, or May 1, in the case of a school district, the annual levy shall House File 679, p.
13 begin with the tax levy for collection in the next succeeding fiscal year.
LSB 1777HV (1) 88 -13- lh/jh 13/135 H.F.
b.
679 b.
and July 1, 1981, the maximum weekly benefit amount rounded to the nearest dollar shall be increased so that it equals one hundred percent, one hundred thirty-three and one-third percent, one hundred sixty-six and two-thirds percent, and two hundred percent, respectively, of the statewide average weekly wage as determined above in this section.
and July 1, 1981, the maximum weekly benefit amount rounded to the nearest dollar shall be increased so that it equals one hundred percent, one hundred thirty-three and one-third percent, one hundred sixty-six and two-thirds percent, and two hundred percent, respectively, House File 679, p.
14 of the statewide average weekly wage as determined above in this section.
The minimum weekly benefit amount LSB 1777HV (1) 88 -14- lh/jh 14/135 H.F.
The minimum weekly benefit amount shall be equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent of the statewide average weekly wage, or to the spendable weekly earnings of the employee, whichever are less.
679 shall be equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent of the statewide average weekly wage, or to the spendable weekly earnings of the employee, whichever are less.
If such injury to the employee results in LSB 1777HV (1) 88 -15- lh/jh 15/135 H.F.
If such injury to the employee results in House File 679, p.
679 permanent total disability, permanent partial disability, or death, then the employer or insurance carrier, upon notice or knowledge of the occurrence of the employment injury, shall file a report with the workers’ compensation commissioner within four days after having notice or knowledge of the permanent injury to the employee or the employee’s death.
15 permanent total disability, permanent partial disability, or death, then the employer or insurance carrier, upon notice or knowledge of the occurrence of the employment injury, shall file a report with the workers’ compensation commissioner within four days after having notice or knowledge of the permanent injury to the employee or the employee’s death.
LSB 1777HV (1) 88 -16- lh/jh 16/135 H.F.
(b) Seventy million dollars on July 1, 2005.
679 (b) Seventy million dollars on July 1, 2005.
Sec.
House File 679, p.
16 Sec.
LSB 1777HV (1) 88 -17- lh/jh 17/135 H.F.
1.
679 1.
The judicial officer shall review the application and may take sworn testimony or receive affidavits to supplement it the application .
The judicial officer shall review the application and may take sworn testimony or receive affidavits to supplement it the application.
Sec.
House File 679, p.
17 Sec.
When a license or permit is surrendered the division shall notify the local authority, and the division or the local authority shall refund to the person surrendering the license or permit, a proportionate amount of the fee received by the LSB 1777HV (1) 88 -18- lh/jh 18/135 H.F.
When a license or permit is surrendered the division shall notify the local authority, and the division or the local authority shall refund to the person surrendering the license or permit, a proportionate amount of the fee received by the division or the local authority for the license or permit as follows:
679 division or the local authority for the license or permit as follows:
Any Unless otherwise provided by law, a person who has been convicted, in a criminal action, in any court of record, of a violation of a provision of this chapter, a provision of the prior laws of this state relating to alcoholic liquors, wine, or beer which was in force prior to the enactment of this chapter, or a provision of the laws of the United States or of any other state relating to alcoholic liquors, wine, or beer, and who is thereafter convicted of a subsequent criminal offense against any provision of this chapter is guilty of the following offenses:
Any Unless otherwise provided by law, a person who has been convicted, in a criminal action, in any court of record, of a violation of a provision of this chapter, a provision of the prior laws of this state relating to alcoholic liquors, wine, or beer which was in force prior to the enactment of this chapter, or a provision of the laws of the United States or of any other state relating to alcoholic liquors, wine, or beer, and who is thereafter convicted of a subsequent criminal House File 679, p.
18 offense against any provision of this chapter is guilty of the following offenses:
By any device or concealment procure procures or attempt LSB 1777HV (1) 88 -19- lh/jh 19/135 H.F.
By any device or concealment procure procures or attempt attempts to procure the conveyance or transportation of such alcoholic liquor, wine, or beer as herein prohibited, the person shall be guilty of a simple misdemeanor.
679 attempts to procure the conveyance or transportation of such alcoholic liquor, wine, or beer as herein prohibited, the person shall be guilty of a simple misdemeanor.
Every person who manufactures, distributes, or dispenses, or conducts research with any controlled substance in this state or who proposes to engage in the manufacture, distribution, or dispensing of or conducting research with any controlled substance within this state, shall obtain and maintain a registration issued by the board in accordance with its the board’s rules.
Every person who manufactures, distributes, or dispenses, or conducts research with any controlled substance in this state or who proposes to engage in the manufacture, distribution, or dispensing of or conducting research with House File 679, p.
19 any controlled substance within this state, shall obtain and maintain a registration issued by the board in accordance with its the board’s rules.
Whenever the court finds that a person who is charged with a violation of section 124.401 and who consents thereto, or who has entered a plea of guilty to or been found guilty of a LSB 1777HV (1) 88 -20- lh/jh 20/135 H.F.
Whenever the court finds that a person who is charged with a violation of section 124.401 and who consents thereto, or who has entered a plea of guilty to or been found guilty of a violation of that section, is addicted to, dependent upon, or a chronic abuser of any controlled substance and that such person will be aided by proper medical treatment and rehabilitative services, it may order that the person be committed as an in-patient or out-patient to a facility licensed by the Iowa department of public health for medical treatment and rehabilitative services.
679 violation of that section, is addicted to, dependent upon, or a chronic abuser of any controlled substance and that such person will be aided by proper medical treatment and rehabilitative services, it may order that the person be committed as an in-patient or out-patient to a facility licensed by the Iowa department of public health for medical treatment and rehabilitative services.
In order to obtain the most effective results from such medical treatment and rehabilitative services, the court may commit the person to the custody of a public or private agency or any other responsible person and impose other conditions upon the commitment as is necessary to insure compliance with the court’s order and to insure that the person will not, during the period of treatment and rehabilitation, again violate a provision of this chapter.
In order to obtain the most effective results from such medical treatment and rehabilitative services, the court may commit the person to the House File 679, p.
20 custody of a public or private agency or any other responsible person and impose other conditions upon the commitment as is necessary to insure compliance with the court’s order and to insure that the person will not, during the period of treatment and rehabilitation, again violate a provision of this chapter.
If LSB 1777HV (1) 88 -21- lh/jh 21/135 H.F.
If the person has been charged or indicted, but not convicted, such charge shall proceed to trial or final disposition.
679 the person has been charged or indicted, but not convicted, such charge shall proceed to trial or final disposition.
Reports to the department which include the identity of persons infected with a sexually transmitted disease or infection, and all such related information, records, and reports concerning the person, shall be confidential and shall not be accessible to the public.
Reports to the department which include the identity of persons infected with a sexually transmitted disease or infection, and all such related information, records, and reports concerning the person, shall be confidential and shall House File 679, p.
21 not be accessible to the public.
However Notwithstanding subsection 1, such reports to the department and related reports, information, and records shall be confidential only to the extent necessary to prevent identification of persons named in such reports, information, and records;
However Notwithstanding subsection 1, such reports to the department and related reports , information, and records shall be confidential only to the extent necessary to prevent identification of persons named in such reports, information, and records;
LSB 1777HV (1) 88 -22- lh/jh 22/135 H.F.
a.
679 a.
The participating person is only eligible to be awarded the supplemental financial incentives if the person installed the dispenser not later than sixty days after the date of the publication in the Iowa administrative bulletin of the state fire marshal’s order providing that a commercially available dispenser is listed as compatible for use with E-85 gasoline by an independent testing laboratory as provided in section 455G.31 July 27, 2011.
The participating person is only eligible to be awarded the supplemental financial incentives if the person installed the dispenser not later than sixty days after the date of House File 679, p.
The supplemental financial incentives awarded to the participating person shall not exceed seventy-five percent of the actual cost of making the LSB 1777HV (1) 88 -23- lh/jh 23/135 H.F.
22 the publication in the Iowa administrative bulletin of the state fire marshal’s order providing that a commercially available dispenser is listed as compatible for use with E-85 gasoline by an independent testing laboratory as provided in section 455G.31 July 27, 2011.
679 improvement or thirty thousand dollars, whichever is less.
The supplemental financial incentives awarded to the participating person shall not exceed seventy-five percent of the actual cost of making the improvement or thirty thousand dollars, whichever is less.
The committee shall make recommendations to the department and the inspection service and may consult with state officials regarding any matter relating to pseudorabies control and eradication, including departmental rules, other state or LSB 1777HV (1) 88 -24- lh/jh 24/135 H.F.
The committee shall make recommendations to the department and House File 679, p.
679 federal regulations, program areas, the use of vaccine, testing procedures, the progress of pseudorabies eradication programs, and state and federal program standards.
23 the inspection service and may consult with state officials regarding any matter relating to pseudorabies control and eradication, including departmental rules, other state or federal regulations, program areas, the use of vaccine, testing procedures, the progress of pseudorabies eradication programs, and state and federal program standards.
LSB 1777HV (1) 88 -25- lh/jh 25/135 H.F.
10.
679 10.
To adopt, publish, amend, and rescind regulations House File 679, p.
To adopt, publish, amend, and rescind regulations commission rules pursuant to chapter 17A consistent with and necessary for the enforcement of this chapter.
24 commission rules pursuant to chapter 17A consistent with and necessary for the enforcement of this chapter.
The department of human services shall mail vendor LSB 1777HV (1) 88 -26- lh/jh 26/135 H.F.
The department of human services shall mail vendor warrants for the department of corrections.
679 warrants for the department of corrections.
A certification through the regional administrator for a county that a person’s residency is in another county shall be sent to the regional administrator for the county of residence.
A certification through the regional administrator for a House File 679, p.
25 county that a person’s residency is in another county shall be sent to the regional administrator for the county of residence.
Upon receipt from the county auditor or the regional LSB 1777HV (1) 88 -27- lh/jh 27/135 H.F.
Upon receipt from the county auditor or the regional administrator for mental health and disability services of the list of names furnished pursuant to section 230.21, the board of supervisors of the county of residence shall make an investigation to determine the ability of each person whose name appears on the list, and also the ability of any person liable under section 230.15 for the support of that person, to pay the expenses of that person’s hospitalization.
679 administrator for mental health and disability services of the list of names furnished pursuant to section 230.21, the board of supervisors of the county of residence shall make an investigation to determine the ability of each person whose name appears on the list, and also the ability of any person liable under section 230.15 for the support of that person, to pay the expenses of that person’s hospitalization.
If the board finds that neither the hospitalized person nor any person legally liable for the person’s support is able to pay those House File 679, p.
If the board finds that neither the hospitalized person nor any person legally liable for the person’s support is able to pay those expenses, the board shall direct the county auditor or regional administrator not to index the names of any of those persons as would otherwise be required by section 230.26.
26 expenses, the board shall direct the county auditor or regional administrator not to index the names of any of those persons as would otherwise be required by section 230.26.
The court may adjudicate the family to be a family in LSB 1777HV (1) 88 -28- lh/jh 28/135 H.F.
The court may adjudicate the family to be a family in need of assistance and enter an appropriate dispositional order if the court finds all of the following :
679 need of assistance and enter an appropriate dispositional order if the court finds all of the following :
Notice and copies of a sealing order shall be sent to each agency or person having custody or the records named therein in the sealing order.
Notice and copies of a sealing order shall be sent to each agency or person having custody or the records named House File 679, p.
27 therein in the sealing order.
An individual on duty at an institutional health facility or first responder who assumes custody of a newborn infant upon the release of the newborn infant under subsection 1 shall be LSB 1777HV (1) 88 -29- lh/jh 29/135 H.F.
An individual on duty at an institutional health facility or first responder who assumes custody of a newborn infant upon the release of the newborn infant under subsection 1 shall be provided notice of any hearing held concerning the newborn infant at the same time notice is provided to other parties to the hearing and the individual or first responder may provide testimony at the hearing.
679 provided notice of any hearing held concerning the newborn infant at the same time notice is provided to other parties to the hearing and the individual or first responder may provide testimony at the hearing.
If the The person has committed any of the following felony-level offenses:
House File 679, p.
28 If the The person has committed any of the following felony-level offenses:
A certified copy of this resolution shall be filed with the county auditors of the counties in which such merged area is located, and the filing thereof shall make it a duty of such auditors to enter annually this levy for collection until LSB 1777HV (1) 88 -30- lh/jh 30/135 H.F.
A certified copy of this resolution shall be filed with the county auditors of the counties in which such merged area is located, and the filing thereof shall make it a duty of such auditors to enter annually this levy for collection until funds are realized to repay the loan and interest thereon in full.
679 funds are realized to repay the loan and interest thereon in full.
Nothing herein contained in this section shall be construed to limit the authority of the board of directors to levy the full amount of the voted tax, but if and to whatever extent said tax is levied in any year in excess of the amount of principal and interest falling due in such year under any loan agreement, the first available proceeds thereof, to an amount sufficient to meet maturing installments of principal and interest under the loan agreement, shall be paid into the sinking fund for such loan before any of such taxes are otherwise made available to the merged area for other school purposes, and the amount required to be annually set aside to pay the principal of and interest on the money borrowed under such loan agreement shall constitute a first charge upon all of the proceeds of such annual special voted tax, which tax shall be pledged to pay said loan and the interest thereon.
Nothing herein contained in this section shall be House File 679, p.
LSB 1777HV (1) 88 -31- lh/jh 31/135 H.F.
29 construed to limit the authority of the board of directors to levy the full amount of the voted tax, but if and to whatever extent said tax is levied in any year in excess of the amount of principal and interest falling due in such year under any loan agreement, the first available proceeds thereof, to an amount sufficient to meet maturing installments of principal and interest under the loan agreement, shall be paid into the sinking fund for such loan before any of such taxes are otherwise made available to the merged area for other school purposes, and the amount required to be annually set aside to pay the principal of and interest on the money borrowed under such loan agreement shall constitute a first charge upon all of the proceeds of such annual special voted tax, which tax shall be pledged to pay said loan and the interest thereon.
679 e.
e.
To pay all or any part of the cost of carrying out any project at any institution the board is authorized to borrow money and to issue and sell negotiable bonds or notes and to refund and refinance bonds or notes heretofore issued or as may be hereafter issued for any project or for refunding purposes at a lower rate, the same rate, or a higher rate or rates of interest and from time to time as often as the board shall find it to be advisable and necessary so to do.
To pay all or any part of the cost of carrying out any project at any institution the board is authorized to borrow money and to issue and sell negotiable bonds or notes and to refund and refinance bonds or notes heretofore issued or as may be hereafter issued for any project or for refunding purposes at a lower rate, the same rate, or a higher rate or rates of House File 679, p.
30 interest and from time to time as often as the board shall find it to be advisable and necessary so to do.
Bonds or notes issued to refund other bonds or notes LSB 1777HV (1) 88 -32- lh/jh 32/135 H.F.
Bonds or notes issued to refund other bonds or notes heretofore or hereafter issued by the board for residence hall or dormitory purposes at any institution, including dining or other facilities and additions, or heretofore or hereafter issued for refunding purposes, may either be sold in the manner hereinbefore specified in this subchapter and the proceeds thereof applied to the payment of the obligations being refunded, or the refunding bonds or notes may be exchanged for and in payment and discharge of the obligations being refunded, and a finding by the board in the resolution authorizing the issuance of such refunding bonds or notes that the bonds or notes being refunded were issued for a purpose specified in this subchapter and constitute binding obligations of the board shall be conclusive and may be relied upon by any holder of any refunding bond or note issued under the provisions of this subchapter.
679 heretofore or hereafter issued by the board for residence hall or dormitory purposes at any institution, including dining or other facilities and additions, or heretofore or hereafter issued for refunding purposes, may either be sold in the manner hereinbefore specified in this subchapter and the proceeds thereof applied to the payment of the obligations being refunded, or the refunding bonds or notes may be exchanged for and in payment and discharge of the obligations being refunded, and a finding by the board in the resolution authorizing the issuance of such refunding bonds or notes that the bonds or notes being refunded were issued for a purpose specified in this subchapter and constitute binding obligations of the board shall be conclusive and may be relied upon by any holder of any refunding bond or note issued under the provisions of this subchapter.
Sec.
House File 679, p.
31 Sec.
All rights heretofore acquired prior to April 29, 1963, in connection with the financing of any project at any institution are hereby preserved and all acts and proceedings taken by the LSB 1777HV (1) 88 -33- lh/jh 33/135 H.F.
All rights heretofore acquired prior to April 29, 1963, in connection with the financing of any project at any institution are hereby preserved and all acts and proceedings taken by the board preliminary to and in connection with the authorization and issuance of any previously notes or other obligations for any project issued and outstanding notes or other obligations for any project prior to April 29, 1963, are hereby legalized, validated and confirmed and said notes or obligations are hereby declared to be legal and to constitute valid and binding obligations of the board according to their terms and payable solely and only from the sources referred to therein in the notes or obligations.
679 board preliminary to and in connection with the authorization and issuance of any previously notes or other obligations for any project issued and outstanding notes or other obligations for any project prior to April 29, 1963, are hereby legalized, validated and confirmed and said notes or obligations are hereby declared to be legal and to constitute valid and binding obligations of the board according to their terms and payable solely and only from the sources referred to therein in the notes or obligations .
Notwithstanding subsection 1, the university or an agent or employee of the university shall not release the name or location, or any other information sufficient to identify the name or location of any livestock producer or livestock operation participating in a research project or participating in a livestock odor mitigation evaluation pursuant to section 266.49 or section 459.303, subsection 3, and such information shall not be subject to release pursuant to subpoena or discovery in any civil proceeding, unless such confidentiality is waived in writing by the livestock producer.
Notwithstanding subsection 1, the university or an agent or employee of the university shall not release the name or location, or any other information sufficient to identify the name or location of any livestock producer or livestock operation participating in a research project or participating in a livestock odor mitigation evaluation pursuant to section 266.49 or section 459.303, subsection 3, and such information shall not be subject to release pursuant to subpoena or discovery in any civil proceeding, unless such confidentiality House File 679, p.
In addition, the university or an employee or agent of the university shall LSB 1777HV (1) 88 -34- lh/jh 34/135 H.F.
32 is waived in writing by the livestock producer.
679 release no other information submitted by or gathered from or deduced from a livestock producer or livestock operation pursuant to a livestock odor mitigation evaluation under section 266.49 or section 459.303, subsection 3, unless such information is used in a research project, which in turn shall not occur without the written consent of the livestock producer.
In addition, the university or an employee or agent of the university shall release no other information submitted by or gathered from or deduced from a livestock producer or livestock operation pursuant to a livestock odor mitigation evaluation under section 266.49 or section 459.303, subsection 3, unless such information is used in a research project, which in turn shall not occur without the written consent of the livestock producer.
The provisions of sections 275.1 to through 275.5, LSB 1777HV (1) 88 -35- lh/jh 35/135 H.F.
The provisions of sections 275.1 to through 275.5, relating to studies, surveys, hearings and adoption of plans shall constitute a mandatory prerequisite to the effectuation House File 679, p.
679 relating to studies, surveys, hearings and adoption of plans shall constitute a mandatory prerequisite to the effectuation of any proposal for district boundary change.
33 of any proposal for district boundary change.
Section 299A.1, subsection 2, paragraph b, unnumbered paragraph 1, Code 2019, is amended to read as follows:
“Independent private instruction” means private instruction that meets the following criteria:
Sec.
85.
86.
85.
Notwithstanding any other provision of the Code, for transfers of roads and streets made after May 1, 1987, neither the transferring jurisdiction or the receiving jurisdiction shall be held liable for any claim or damage for any act or omission relating to the design, construction, or maintenance LSB 1777HV (1) 88 -36- lh/jh 36/135 H.F.
Notwithstanding any other provision of the Code, for transfers of roads and streets made after May 1, 1987, neither the transferring jurisdiction or the receiving jurisdiction shall be held liable for any claim or damage for any act or omission relating to the design, construction, or maintenance of the road or street that occurred prior to the effective date of the transfer.
679 of the road or street that occurred prior to the effective date of the transfer.
87.
86.
Additional funds as may be necessary in purchasing signs and otherwise carrying out the provisions of this chapter may be expended by the department of natural resources if authorized by the general assembly pursuant to appropriations for such purposes;
Additional funds as may be necessary in purchasing House File 679, p.
34 signs and otherwise carrying out the provisions of this chapter may be expended by the department of natural resources if authorized by the general assembly pursuant to appropriations for such purposes;
88.
87.
89.
88.
90.
89.
91.
90.
Section 321.1, subsection 11, paragraph f, LSB 1777HV (1) 88 -37- lh/jh 37/135 H.F.
Section 321.1, subsection 11, paragraph f, subparagraphs (1) and (2), Code 2019, are amended to read as follows:
679 subparagraphs (1) and (2), Code 2019, are amended to read as follows:
92.
91.
The provisions of sections 321.261 to through 321.273, and sections 321.277 and 321.280 shall apply upon highways and elsewhere throughout the state.
The provisions of sections 321.261 to through 321.273, and sections 321.277 and 321.280 shall apply upon highways and House File 679, p.
35 elsewhere throughout the state.
93.
92.
94.
93.
95.
94.
Section 321.325, Code 2019, is amended to read as LSB 1777HV (1) 88 -38- lh/jh 38/135 H.F.
Section 321.325, Code 2019, is amended to read as follows:
679 follows:
96.
95.
Fails to heed the approach of a person lawfully so carrying a cane or walking stick that is white in color or white tipped with red, or who is being led by a guide dog, or who shall fail.
Fails to heed the approach of a person lawfully so carrying a cane or walking stick that is white in color or white tipped with red, or who is being led by a guide dog, or House File 679, p.
36 who shall fail .
97.
96.
98.
97.
Section 321.384, Code 2019, is amended to read as LSB 1777HV (1) 88 -39- lh/jh 39/135 H.F.
Section 321.384, Code 2019, is amended to read as follows:
679 follows:
99.
98.
Sections 537.2503 and 537.3402 notwithstanding, if the holder of a retail installment contract in connection with the purchase or sale of a vehicle, at the request of the buyer, renews the loan or extends the scheduled due date of all or any part of an installment or installments, the holder may restate the amount of installments and the time schedule for paying installments and collect for installments, subject to the renewal or extension, a finance charge on the outstanding declining balance of the amount financed for the period of the extension or renewal.
Sections 537.2503 and 537.3402 notwithstanding, if the holder of a retail installment contract in connection with the House File 679, p.
37 purchase or sale of a vehicle, at the request of the buyer, renews the loan or extends the scheduled due date of all or any part of an installment or installments, the holder may restate the amount of installments and the time schedule for paying installments and collect for installments, subject to the renewal or extension, a finance charge on the outstanding declining balance of the amount financed for the period of the extension or renewal.
100.
99.
Section 322G.7, unnumbered paragraph 1, Code LSB 1777HV (1) 88 -40- lh/jh 40/135 H.F.
Section 322G.7, unnumbered paragraph 1, Code 2019, is amended to read as follows:
679 2019, is amended to read as follows:
101.
100.
102.
101.
327F.31 Political subdivision ordinances.
House File 679, p.
38 327F.31 Political subdivision ordinances.
Any speed ordinance or resolution adopted by a political subdivision of the state prior to July 1, 1988, which has not been approved by the department shall be referred LSB 1777HV (1) 88 -41- lh/jh 41/135 H.F.
Any speed ordinance or resolution adopted by a political subdivision of the state prior to July 1, 1988, which has not been approved by the department shall be referred to the department by the political subdivision and shall be in full force and effect upon approval of the ordinance or resolution by the department.
679 to the department by the political subdivision and shall be in full force and effect upon approval of the ordinance or resolution by the department.
103.
102.
104.
103.
105.
104.
106.
105.
331.437 Expenditures exceeding appropriations.
House File 679, p.
39 331.437 Expenditures exceeding appropriations.
It is unlawful for a county official, the expenditures of whose office come under this part, to authorize the expenditure of a sum for the official’s department larger than the amount LSB 1777HV (1) 88 -42- lh/jh 42/135 H.F.
It is unlawful for a county official, the expenditures of whose office come under this part, to authorize the expenditure of a sum for the official’s department larger than the amount which has been appropriated for that department by the board.
679 which has been appropriated for that department by the board.
107.
106.
108.
107.
LSB 1777HV (1) 88 -43- lh/jh 43/135 H.F.
House File 679, p.
679 A holding that one or more sections hereof of this chapter are unconstitutional shall not be held to invalidate the remaining sections.
40 A holding that one or more sections hereof of this chapter are unconstitutional shall not be held to invalidate the remaining sections.
109.
108.
110.
109.
111.
110.
The board of supervisors of the county in which the proposed sanitary district, or the major portion thereof of the proposed sanitary district, is located shall have jurisdiction of the proceedings on said the petition as herein provided in this chapter , and the decision of a majority of the members of said the board shall be necessary for adoption.
The board of supervisors of the county in which the proposed sanitary district, or the major portion thereof of the proposed sanitary district, is located shall have jurisdiction of the proceedings on said the petition as herein provided in this chapter, and the decision of a majority of the members of said the board shall be necessary for adoption.
112.
111.
Section 358.15, Code 2019, is amended to read as LSB 1777HV (1) 88 -44- lh/jh 44/135 H.F.
Section 358.15, Code 2019, is amended to read as follows:
679 follows:
No A trustee of such district shall not be directly or indirectly interested in any contract, work, or business of the district, or in the sale of any article the expense, price, or consideration of which is paid by such district;
No A trustee of such district shall not be directly or indirectly interested in any contract, work, or business of the House File 679, p.
41 district, or in the sale of any article the expense, price, or consideration of which is paid by such district;
113.
112.
and no business .
and no business.
114.
113.
115.
114.
A utility board functioning on the effective date of the city code July 1, 1975, shall continue to function until LSB 1777HV (1) 88 -45- lh/jh 45/135 H.F.
A utility board functioning on the effective date of the city code July 1, 1975, shall continue to function until discontinued as provided in this chapter, and has all the powers granted in this chapter.
679 discontinued as provided in this chapter, and has all the powers granted in this chapter.
116.
115.
A city may finance its share of the cost of a joint facility by the use of any method of financing available for city utilities under the statutes of this state, for the financing of electric generation or transmission facilities to be owned by a city in their entirety, including but not limited to the provisions of chapters 397 and 407, Code 1973, and sections 384.23 to through 384.36 and sections 384.80 to through 384.94 as applicable.
A city may finance its share of the cost of a joint facility House File 679, p.
42 by the use of any method of financing available for city utilities under the statutes of this state, for the financing of electric generation or transmission facilities to be owned by a city in their entirety, including but not limited to the provisions of chapters 397 and 407, Code 1973, and sections 384.23 to through 384.36 and sections 384.80 to through 384.94 as applicable.
117.
116.
The commission, within one hundred eighty days after the beginning of each competitive examination for original appointment, shall certify to the city council a list of the names of forty persons, or a lesser number as determined by the commission, who qualify with the highest standing as a result of each examination for the position they seek to fill, or the number which have qualified if less than forty, in the order of their standing, and all newly created offices or other vacancies in positions under civil service which occur before the beginning of the next examination for the positions shall be filled from the lists, or from the preferred list existing LSB 1777HV (1) 88 -46- lh/jh 46/135 H.F.
The commission, within one hundred eighty days after the beginning of each competitive examination for original appointment, shall certify to the city council a list of the names of forty persons, or a lesser number as determined by the commission, who qualify with the highest standing as a result of each examination for the position they seek to fill, or the number which have qualified if less than forty, in the order of their standing, and all newly created offices or other vacancies in positions under civil service which occur before the beginning of the next examination for the positions shall be filled from the lists, or from the preferred list existing as if provided for in case of diminution of employees, within thirty days.
679 as if provided for in case of diminution of employees, within thirty days.
Sec.
House File 679, p.
118.
43 Sec.
117.
119.
118.
The council shall provide for the appointment of a board of adjustment and in .
The council shall provide for the appointment of a board of adjustment and in.
In the regulations and restrictions LSB 1777HV (1) 88 -47- lh/jh 47/135 H.F.
In the regulations and restrictions adopted pursuant to the authority of this chapter, the council shall provide that the said board of adjustment may in appropriate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinances in harmony with its general purpose and intent and in accordance with general or specific rules therein contained in the ordinance and provide that any property owner aggrieved by the action of the council in the adoption of such regulations and restrictions may petition the said board of adjustment direct to modify regulations and restrictions as applied to such property owners.
679 adopted pursuant to the authority of this chapter, the council shall provide that the said board of adjustment may in appropriate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinances in harmony with its general purpose and intent and in accordance with general or specific rules therein contained in the ordinance and provide that any property owner aggrieved by the action of the council in the adoption of such regulations and restrictions may petition the said board of adjustment direct to modify regulations and restrictions as applied to such property owners.
The effective date of the variance is delayed for thirty days from the date of the remand.
The effective date of the variance is delayed House File 679, p.
44 for thirty days from the date of the remand.
120.
119.
121.
120.
Section 420.286, Code 2019, is amended to read as LSB 1777HV (1) 88 -48- lh/jh 48/135 H.F.
Section 420.286, Code 2019, is amended to read as follows:
679 follows:
On the day specified, the proposition to adopt the amendment shall be submitted to the electors thereof of the city for adoption or rejection, in the manner provided by the general election laws.
On the day specified, the proposition to adopt the amendment shall be submitted to the electors thereof of the city for adoption or House File 679, p.
45 rejection, in the manner provided by the general election laws.
122.
121.
123.
122.
In all offers for sale or sales involving cigarettes and any other item at a combined price, and in all offers for sale, or sales, involving the giving of any gift or concession of any LSB 1777HV (1) 88 -49- lh/jh 49/135 H.F.
In all offers for sale or sales involving cigarettes and any other item at a combined price, and in all offers for sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether whatsoever, whether it be coupons or otherwise) otherwise, the wholesaler’s or retailer’s combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all articles, products, commodities, gifts and concessions included in such transactions:
679 kind whatsoever (whether whatsoever, whether it be coupons or otherwise) otherwise, the wholesaler’s or retailer’s combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all articles, products, commodities, gifts and concessions included in such transactions:
124.
123.
125.
124.
Beginning the first day of the quarter following July 1, 2014, transfer to the raceway facility tax rebate fund created in section 423.4, subsection 11, paragraph “e”, that portion of the sales tax receipts collected and remitted upon sales of tangible personal property or services furnished by retailers at a raceway facility meeting the qualifications of section 423.4, subsection 11, that remains after the transfers required in paragraphs “a” through “f” of this subsection 2.
Beginning the first day of the quarter following July 1, 2014, transfer to the raceway facility tax rebate fund created in section 423.4, subsection 11, paragraph “e”, that portion of the sales tax receipts collected and remitted upon sales of House File 679, p.
46 tangible personal property or services furnished by retailers at a raceway facility meeting the qualifications of section 423.4, subsection 11, that remains after the transfers required in paragraphs “a” through “f” of this subsection 2.
LSB 1777HV (1) 88 -50- lh/jh 50/135 H.F.
Sec.
679 Sec.
125.
126.
proofs and proof processes, all types;
proofs and proof processes, all House File 679, p.
47 types;
and any other items used in a like capacity to any LSB 1777HV (1) 88 -51- lh/jh 51/135 H.F.
and any other items used in a like capacity to any of the above enumerated items by the printer or publisher to complete a finished product for sale at retail.
679 of the above enumerated items by the printer or publisher to complete a finished product for sale at retail.
127.
126.
128.
127.
Any lands, the use of which (without , without charge by or compensation to the holder of the legal title thereto) to the lands, has been granted to and accepted by the state or any political subdivision thereof for airport or aircraft landing area purposes.
Any lands, the use of which (without , without charge by or compensation to the holder of the legal title thereto) to the lands, has been granted to and accepted House File 679, p.
48 by the state or any political subdivision thereof for airport or aircraft landing area purposes.
129.
128.
Section 427.9, Code 2019, is amended to read as LSB 1777HV (1) 88 -52- lh/jh 52/135 H.F.
Section 427.9, Code 2019, is amended to read as follows:
679 follows:
LSB 1777HV (1) 88 -53- lh/jh 53/135 H.F.
Sec.
679 Sec.
129.
130.
Section 428.35, subsections 2 and 3, Code 2019, House File 679, p.
Section 428.35, subsections 2 and 3, Code 2019, are amended to read as follows:
49 are amended to read as follows:
If such a statement is not furnished as herein required in this subsection , section 441.24 shall be applicable apply.
If such a statement is not furnished as herein required in this subsection, section 441.24 shall be applicable apply.
131.
130.
For the purpose of making such the assessment its, the president, vice president, general manager, general superintendent, receiver, or such other officer of the railway corporation as the department of revenue may designate, shall, on or before the first day of April in each year, furnish to the department of revenue a verified LSB 1777HV (1) 88 -54- lh/jh 54/135 H.F.
For the purpose of making such the assessment its, the president, vice president, general manager, general superintendent, receiver, or such other officer of the railway corporation as the department of revenue may designate, shall, on or before the first day of April in each year, furnish to the department of revenue a verified statement showing in detail for the year ended December 31 next preceding:
679 statement showing in detail for the year ended December 31 next preceding:
132.
131.
A home owner who qualifies for a reduced tax rate provided in section 435.22 and who rents a space upon which to set the home shall be entitled to the protections provided in sections 425.33 to through 425.36 and if the home owner who qualifies for a reduced tax rate believes that a landlord has increased the home owner’s rent because the home owner is eligible for a reduced tax rate, the provisions of sections 425.33 and 425.36 shall be applicable.
House File 679, p.
50 A home owner who qualifies for a reduced tax rate provided in section 435.22 and who rents a space upon which to set the home shall be entitled to the protections provided in sections 425.33 to through 425.36 and if the home owner who qualifies for a reduced tax rate believes that a landlord has increased the home owner’s rent because the home owner is eligible for a reduced tax rate, the provisions of sections 425.33 and 425.36 shall be applicable.
133.
132.
134.
133.
In any county which has been declared to be a disaster area by proper federal authorities after March 1 and prior to May 20 of said year of assessment, the board of review LSB 1777HV (1) 88 -55- lh/jh 55/135 H.F.
In any county which has been declared to be a disaster area by proper federal authorities after March 1 and prior to May 20 of said year of assessment, the board of review shall be authorized to remain in session until June 15 and the time for filing a protest shall be extended to and include the period from May 25 to June 5 of such year.
679 shall be authorized to remain in session until June 15 and the time for filing a protest shall be extended to and include the period from May 25 to June 5 of such year.
The protest must be confined to one or more of the following grounds:
The protest must be confined to one or more of the House File 679, p.
51 following grounds:
For purposes of this section, “misconduct” means the same as defined in section 441.9.
For purposes of this section , “misconduct” means the same as defined in section 441.9.
(2) If the local board of review, property assessment appeal board, or district court decides in favor of the property owner or aggrieved taxpayer and finds that there was fraud or misconduct in the assessment, the property owner’s or aggrieved taxpayer’s reasonable costs incurred in bringing the protest or appeal shall be paid from the assessment expense fund under LSB 1777HV (1) 88 -56- lh/jh 56/135 H.F.
(2) If the local board of review, property assessment appeal board, or district court decides in favor of the property owner or aggrieved taxpayer and finds that there was fraud or misconduct in the assessment, the property owner’s or aggrieved taxpayer’s reasonable costs incurred in bringing the protest or appeal shall be paid from the assessment expense fund under section 441.16.
679 section 441.16.
135.
134.
Thereupon the county treasurer shall compute and apportion the costs between the various taxing districts participating in the proceeds of the collection of the taxes involved in any such appeal, and the treasurer shall so compute and apportion the various amounts which the taxing districts are required to pay in proportion to the amount of taxes each of the taxing districts is entitled to receive from the whole amount of taxes involved in each of such appeals.
Thereupon the county treasurer shall compute and House File 679, p.
52 apportion the costs between the various taxing districts participating in the proceeds of the collection of the taxes involved in any such appeal, and the treasurer shall so compute and apportion the various amounts which the taxing districts are required to pay in proportion to the amount of taxes each of the taxing districts is entitled to receive from the whole amount of taxes involved in each of such appeals.
136.
135.
The tax hereby imposed under this chapter shall be collected upon the net market value, and shall go into the general fund of the state, to be determined as herein provided in this chapter , of any property passing as follows:
The tax hereby imposed under this chapter shall be collected upon the net market value, and shall go into the general fund of the state, to be determined as herein provided in this chapter, of any property passing as follows:
LSB 1777HV (1) 88 -57- lh/jh 57/135 H.F.
Sec.
679 Sec.
136.
137.
138.
137.
3.
House File 679, p.
53 3.
139.
138.
The order of the department approving a redemption center shall state the dealers to be served by the redemption center and the kind and brand names of empty LSB 1777HV (1) 88 -58- lh/jh 58/135 H.F.
The order of the department approving a redemption center shall state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center must accept.
679 beverage containers which the redemption center must accept.
140.
139.
141.
140.
142.
141.
To establish that a material is being managed as a valuable commodity while under their the facility’s control, a recycling facility owner or operator shall ensure that stockpiled material is not speculatively accumulated by maintaining current inventory records and is managed in a manner consistent with comparable recyclable materials or products in an equally protective manner.
To establish that a material is being managed as a valuable commodity while under their the facility’s control, a recycling facility owner or operator shall ensure that House File 679, p.
54 stockpiled material is not speculatively accumulated by maintaining current inventory records and is managed in a manner consistent with comparable recyclable materials or products in an equally protective manner.
143.
142.
In reviewing LSB 1777HV (1) 88 -59- lh/jh 59/135 H.F.
In reviewing a plan the department may consider consistency of the plan with collection requirements in other states and consider consistency between thermostat manufacturer collection programs.
679 a plan the department may consider consistency of the plan with collection requirements in other states and consider consistency between thermostat manufacturer collection programs.
144.
143.
145.
144.
146.
145.
Sec.
House File 679, p.
147.
55 Sec.
146.
The president of said the Iowa state university of science and technology shall, LSB 1777HV (1) 88 -60- lh/jh 60/135 H.F.
The president of said the Iowa state university of science and technology shall, when called upon, designate the landscape architect, engineer, or gardener, as the case may be, who shall work with said the commission.
679 when called upon, designate the landscape architect, engineer, or gardener, as the case may be, who shall work with said the commission.
148.
147.
149.
148.
150.
149.
151.
150.
The engineer shall examine the lands described in the petition and any other lands which would be benefited by said improvement or necessary in carrying out the same purposes of the petition .
The engineer shall examine the lands described in the House File 679, p.
56 petition and any other lands which would be benefited by said improvement or necessary in carrying out the same purposes of the petition .
The engineer shall locate and survey such ditches, drains, levees, settling basins, pumping stations, and other improvements as will be necessary, practicable, and feasible LSB 1777HV (1) 88 -61- lh/jh 61/135 H.F.
The engineer shall locate and survey such ditches, drains, levees, settling basins, pumping stations, and other improvements as will be necessary, practicable, and feasible in carrying out the purposes of the petition and which will be of public benefit or utility, or conducive to public health, convenience, or welfare.
679 in carrying out the purposes of the petition and which will be of public benefit or utility, or conducive to public health, convenience, or welfare.
152.
151.
153.
152.
The board shall at the meeting, or at an adjourned session of the meeting, consider the costs of construction of the improvement as shown by the reports of the engineer and the amount of damages and compensation awarded to all claimants, and if .
The board shall at the meeting, or at an adjourned session of the meeting, consider the costs of construction of the improvement as shown by the reports of the engineer House File 679, p.
If, in its the board’s opinion, the costs LSB 1777HV (1) 88 -62- lh/jh 62/135 H.F.
57 and the amount of damages and compensation awarded to all claimants, and if .
679 of construction and amount of damages awarded create a greater burden than should justly be borne by the lands benefited by the improvement, it the board shall then dismiss the petition and assess the costs and expenses to the petitioners and their sureties, but if it .
If, in its the board’s opinion, the costs of construction and amount of damages awarded create a greater burden than should justly be borne by the lands benefited by the improvement, it the board shall then dismiss the petition and assess the costs and expenses to the petitioners and their sureties, but if it .
154.
153.
The board may provide by resolution for the payment of assessments in not more than twenty annual installments with interest at a rate determined by the board, notwithstanding LSB 1777HV (1) 88 -63- lh/jh 63/135 H.F.
The board may provide by resolution for the payment of assessments in not more than twenty annual installments with interest at a rate determined by the board, notwithstanding chapter 74A.
679 chapter 74A.
The board may issue warrants bearing interest at the same rate, which warrants shall be numbered and state House File 679, p.
The board may issue warrants bearing interest at the same rate, which warrants shall be numbered and state a maturity date, in which event they the warrants shall bear interest from the date of issuance without being presented for payment and marked unpaid for want of funds.
58 a maturity date, in which event they the warrants shall bear interest from the date of issuance without being presented for payment and marked unpaid for want of funds.
155.
154.
The court shall fix a date for hearing thereon on the legality of the bonds and notice thereof of hearing shall be given to the owners of each lot or tract of land within the district, which shall be affected by an assessment LSB 1777HV (1) 88 -64- lh/jh 64/135 H.F.
The court shall fix a date for hearing thereon on the legality of the bonds and notice thereof of hearing shall be given to the owners of each lot or tract of land within the district, which shall be affected by an assessment to pay the proposed bonds, as shown by the transfer books in the auditor’s office;
679 to pay the proposed bonds, as shown by the transfer books in the auditor’s office;
Such The notice shall be given by publication and by mailing for the same time in advance of hearing and in the same manner prescribed in section 468.15.
Such The notice shall be given by publication and by mailing for the same time in advance of hearing and in House File 679, p.
59 the same manner prescribed in section 468.15.
156.
155.
157.
156.
If a railroad or other utility has abandoned the use of its right-of-way for the purpose it was originally acquired or has sold its right-of-way to a person who will use it the right-of-way for a purpose other than for which it was originally acquired, the prior right or privilege of the drainage district to pass through the right-of-way of the railroad or utility shall become a permanent easement in favor of the drainage district for drainage purposes including the LSB 1777HV (1) 88 -65- lh/jh 65/135 H.F.
If a railroad or other utility has abandoned the use of its right-of-way for the purpose it was originally acquired or has sold its right-of-way to a person who will use it the right-of-way for a purpose other than for which it was originally acquired, the prior right or privilege of the drainage district to pass through the right-of-way of the railroad or utility shall become a permanent easement in favor of the drainage district for drainage purposes including the right of ingress and egress through adjacent property and the right of access for maintenance, repair, improvement and inspection.
679 right of ingress and egress through adjacent property and the right of access for maintenance, repair, improvement and inspection.
If a railroad or other utility has abandoned the use of its right-of-way for the purpose it was originally acquired or has sold its right-of-way to a person who will use it the right-of-way for a purpose other than for which it was originally acquired in segments, each segment shall be assessed for benefits in the same proportion as the area of the segment bears to the area of the right-of-way through the forty-acre tract.
If a railroad or other utility has abandoned the use of its right-of-way for the purpose it was originally acquired or has sold its right-of-way to a person who will use it the right-of-way for a purpose other than for which it was originally acquired in segments, each segment shall be assessed House File 679, p.
60 for benefits in the same proportion as the area of the segment bears to the area of the right-of-way through the forty-acre tract.
158.
157.
159.
158.
Section 468.133, Code 2019, is amended to read as LSB 1777HV (1) 88 -66- lh/jh 66/135 H.F.
Section 468.133, Code 2019, is amended to read as follows:
679 follows:
In the event that one of the districts to be assessed under this statute section shall have any improvement such as a settling basin which reduces the quality and quantity of flow or sediment, such commission may give consideration to the existence of such an improvement when they determine the percentage of benefits and the sum total to be assessed to each district for the improvement.
In the event that one of the districts to be assessed under this statute section shall have any improvement such as House File 679, p.
61 a settling basin which reduces the quality and quantity of flow or sediment, such commission may give consideration to the existence of such an improvement when they determine the percentage of benefits and the sum total to be assessed to each district for the improvement.
160.
159.
Said The board of supervisors and said the board or boards of trustees, if aggrieved by said the final order, may appeal therefrom from the order to the district court of the county in which any of LSB 1777HV (1) 88 -67- lh/jh 67/135 H.F.
Said The board of supervisors and said the board or boards of trustees, if aggrieved by said the final order, may appeal therefrom from the order to the district court of the county in which any of the improvement proposed or done is located.
679 the improvement proposed or done is located.
161.
160.
Levee or drainage districts may make settlements and adjustments of such damages and written contracts with relation thereto to such damages, and receive any appropriations that may be made by the Congress of the United States for the increased cost to drainage or levee districts and may agree to the construction and maintenance of present equipment and of new or remedial works, improvements and equipment as a part of such damages, or as a means of lessening the damages which will be suffered by the said districts.
Levee or drainage districts may make settlements and adjustments of such House File 679, p.
62 damages and written contracts with relation thereto to such damages, and receive any appropriations that may be made by the Congress of the United States for the increased cost to drainage or levee districts and may agree to the construction and maintenance of present equipment and of new or remedial works, improvements and equipment as a part of such damages, or as a means of lessening the damages which will be suffered by the said districts.
The LSB 1777HV (1) 88 -68- lh/jh 68/135 H.F.
The governing body of the district shall apply to the district court for authority to invest said the fund as provided by section 636.23, and, in addition to the investments therein approved, the court may authorize investment of said the fund in interest-bearing bonds or warrants of said the district.
679 governing body of the district shall apply to the district court for authority to invest said the fund as provided by section 636.23, and, in addition to the investments therein approved, the court may authorize investment of said the fund in interest-bearing bonds or warrants of said the district.
162.
161.
163.
162.
Such A pumping station shall not be established or maintained unless a petition therefor shall be presented to the board signed by not less than one-third of the owners of lands benefited thereby by the establishment of a pumping station .
Such A pumping station shall not be established or maintained unless a petition therefor shall be presented to the board signed by not less than one-third of the owners of lands benefited thereby by the establishment of a pumping House File 679, p.
63 station .
The board of supervisors shall levy and collect the cost of the purchase, operation, and maintenance of the pumping station from the lands in the district benefited by the pumping LSB 1777HV (1) 88 -69- lh/jh 69/135 H.F.
The board of supervisors shall levy and collect the cost of the purchase, operation, and maintenance of the pumping station from the lands in the district benefited by the pumping station in the same manner as provided for in the construction and maintenance of a drainage or levee district.
679 station in the same manner as provided for in the construction and maintenance of a drainage or levee district.
164.
163.
165.
164.
1.
House File 679, p.
64 1.
LSB 1777HV (1) 88 -70- lh/jh 70/135 H.F.
2.
679 2.
166.
165.
167.
166.
All special assessments, taxes, and sinking funds applicable to the payment of the indebtedness refunded by said drainage bonds shall be applicable in the same manner and to the same extent to the payment of such refunding bonds issued hereunder under this part , and the powers, rights, and duties to levy and collect special assessments or taxes, or create liens upon property shall continue until all refunding bonds shall be paid.
All special assessments, taxes, and sinking funds applicable to the payment of the indebtedness refunded by said drainage bonds shall be applicable in the same manner and to the same extent to the payment of such refunding bonds issued hereunder under this part, and the powers, rights, and duties to levy and collect special assessments or taxes, or create liens upon property shall continue until all refunding bonds shall be paid.
168.
167.
When drainage refunding bonds are issued hereunder , nothing in this part shall be construed as impairing the lien of any unpaid drainage assessments or installments in such the drainage district, the time of payment of which is not extended, nor shall this part be construed as impairing the priority of the lien thereof of any unpaid drainage assessments or installments nor the right, duty, and power of the officers authorized by law to levy, collect, and apply the proceeds thereof of the assessments or installments to the payment of outstanding drainage bonds issued in anticipation of the LSB 1777HV (1) 88 -71- lh/jh 71/135 H.F.
When drainage refunding bonds are issued hereunder , nothing in this part shall be construed as impairing the lien of any unpaid drainage assessments or installments in such the drainage district, the time of payment of which is not extended, nor shall this part be construed as impairing the House File 679, p.
679 collection thereof of the assessments or installments.
65 priority of the lien thereof of any unpaid drainage assessments or installments nor the right, duty, and power of the officers authorized by law to levy, collect, and apply the proceeds thereof of the assessments or installments to the payment of outstanding drainage bonds issued in anticipation of the collection thereof of the assessments or installments.
169.
168.
170.
169.
When conservator’s drainage district bonds are issued hereunder under this part, nothing herein in this part shall be construed as impairing the lien of all unpaid assessments upon the real estate within said the drainage district, nor LSB 1777HV (1) 88 -72- lh/jh 72/135 H.F.
When conservator’s drainage district bonds are issued hereunder under this part, nothing herein in this part shall be construed as impairing the lien of all unpaid assessments House File 679, p.
679 shall this part be construed as impairing the priority of the lien thereof of the unpaid assessments, nor the right, duty and power of the officer authorized by law, to levy, collect and apply the proceeds thereof of the assessments, to the payment of outstanding drainage bonds issued in anticipation of the collection thereof of the assessments.
66 upon the real estate within said the drainage district, nor shall this part be construed as impairing the priority of the lien thereof of the unpaid assessments, nor the right, duty and power of the officer authorized by law, to levy, collect and apply the proceeds thereof of the assessments, to the payment of outstanding drainage bonds issued in anticipation of the collection thereof of the assessments.
171.
170.
172.
171.
173.
172.
Section 476.19, Code 2019, is amended to read as LSB 1777HV (1) 88 -73- lh/jh 73/135 H.F.
Section 476.19, Code 2019, is amended to read as follows:
679 follows:
Nothing herein contained in this chapter shall be construed to invalidate any proceedings under statutes existing prior to the enactment of this chapter;
Nothing herein contained in this chapter shall be construed House File 679, p.
nor shall any action, litigation or appeal pending prior to the effective date of rate regulation of this chapter be affected hereby.
67 to invalidate any proceedings under statutes existing prior to the enactment of this chapter;
nor shall any action, litigation or appeal pending prior to the effective date of rate regulation of this chapter be affected hereby .
174.
173.
175.
174.
176.
175.
177.
176.
178.
177.
The commissioner shall compile annually the data included in reports filed by insurers pursuant to this section LSB 1777HV (1) 88 -74- lh/jh 74/135 H.F.
The commissioner shall compile annually the data included in reports filed by insurers pursuant to this section into an aggregate form by insurer, except that such data shall not include information that directly or indirectly identifies any individual, including a patient, an insured, or a health care provider.
679 into an aggregate form by insurer, except that such data shall not include information that directly or indirectly identifies any individual, including a patient, an insured, or a health care provider.
The commissioner shall submit a written report summarizing such data along with any recommendations to the general assembly and the governor annually by December 1, 2007, with subsequent reports submitted to the general assembly and House File 679, p.
The commissioner shall submit a written report summarizing such data along with any recommendations to the general assembly and the governor annually by December 1, 2007, with subsequent reports submitted to the general assembly and the governor annually thereafter.
68 the governor annually thereafter .
179.
178.
180.
179.
The general assembly further declares that it is also concerned with the protection of residents of this state against acts by persons and insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting the premium tax revenues of this state, by protecting authorized persons LSB 1777HV (1) 88 -75- lh/jh 75/135 H.F.
The general assembly further declares that it is also concerned with the protection of residents of this state against acts by persons and insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting the premium tax revenues of this state, by protecting authorized persons and insurers which are subject to regulation from unfair competition by unauthorized persons and insurers, and by protecting against the evasion of the insurance regulatory laws of this state.
679 and insurers which are subject to regulation from unfair competition by unauthorized persons and insurers, and by protecting against the evasion of the insurance regulatory laws of this state.
In furtherance of such state interest, in this chapter the general assembly herein provides methods for substituted service of process upon such persons or insurers in any proceeding, suit or action in any court and substitute service of any notice, order, pleading, or process upon such persons or insurers in any proceeding before the commissioner of insurance to enforce or effect full compliance with the insurance and tax laws of this state.
In furtherance of such state interest, in this chapter the general assembly herein provides methods for substituted service of process upon such persons or insurers in any proceeding, suit or action in any court and substitute service of any notice, order, pleading, or process upon such persons or insurers in any proceeding before the commissioner of insurance to enforce or effect full compliance with the insurance and House File 679, p.
69 tax laws of this state.
181.
180.
182.
181.
183.
182.
Section 511.23, Code 2019, is amended to read as LSB 1777HV (1) 88 -76- lh/jh 76/135 H.F.
Section 511.23, Code 2019, is amended to read as follows:
679 follows:
184.
183.
A multiple employer welfare arrangement that is recognized as tax-exempt under Internal Revenue Code section 501(c)(9) and that is registered with the commissioner prior to January 1, 2018, shall not be considered an association health plan unless the multiple employer welfare arrangement affirmatively elects to be treated as an association health plan.
A multiple employer welfare arrangement that is recognized as tax-exempt under Internal House File 679, p.
70 Revenue Code section 501(c)(9) and that is registered with the commissioner prior to January 1, 2018, shall not be considered an association health plan unless the multiple employer welfare arrangement affirmatively elects to be treated as an association health plan.
185.
184.
186.
185.
LSB 1777HV (1) 88 -77- lh/jh 77/135 H.F.
Sec.
679 Sec.
186.
187.
188.
187.
515.32 Bylaws.
House File 679, p.
71 515.32 Bylaws.
189.
188.
(Space for insertion of name of company or companies issuing the policy and other matter permitted to be stated at the head of the policy.) (Space for listing amounts of insurance, rates and premiums for the basic coverages insured under the standard form of LSB 1777HV (1) 88 -78- lh/jh 78/135 H.F.
(Space for insertion of name of company or companies issuing the policy and other matter permitted to be stated at the head of the policy.) (Space for listing amounts of insurance, rates and premiums for the basic coverages insured under the standard form of policy and for additional coverages or perils insured under endorsements attached.) IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN OR ADDED HERETO AND OF ......
679 policy and for additional coverages or perils insured under endorsements attached.) IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN OR ADDED HERETO AND OF ......
and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all DIRECT LOSS BY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described hereinafter while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere.
and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all DIRECT LOSS BY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described hereinafter while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for House File 679, p.
72 preservation from the perils insured against in this policy, but not elsewhere.
but this policy shall not be valid unless countersigned by the duly authorized agent of this company at LSB 1777HV (1) 88 -79- lh/jh 79/135 H.F.
but this policy shall not be valid unless countersigned by the duly authorized agent of this company at ......
679 ......
(h) order of any civil authority except acts of destruction at the time of and for the purpose of preventing the spread of fire, provided that such fire did not originate from any of the perils excluded by this policy;
(h) order of any civil authority except acts of destruction at the time of and for the purpose of preventing the spread of fire, provided that House File 679, p.
73 such fire did not originate from any of the perils excluded by this policy;
Other insurance may be prohibited or the amount of insurance may be limited by endorsement attached LSB 1777HV (1) 88 -80- lh/jh 80/135 H.F.
Other insurance may be prohibited or the amount of insurance may be limited by endorsement attached hereto.
679 hereto.
This policy shall be canceled at any time at the request of the insured, in which case this company shall, upon demand and surrender of this policy, refund the excess of paid premium above the customary short rates for the expired time.
This policy shall be canceled at any time at the request of the insured, in which case this company House File 679, p.
This policy may be canceled at any time by this company by giving to the insured a five days’ written notice LSB 1777HV (1) 88 -81- lh/jh 81/135 H.F.
74 shall, upon demand and surrender of this policy, refund the excess of paid premium above the customary short rates for the expired time.
679 of cancellation with or without tender of the excess of paid premium above the pro rata premium for the expired time, which excess, if not tendered, shall be refunded on demand.
This policy may be canceled at any time by this company by giving to the insured a five days’ written notice of cancellation with or without tender of the excess of paid premium above the pro rata premium for the expired time, which excess, if not tendered, shall be refunded on demand.
AND WITHIN SIXTY DAYS AFTER THE LOSS, UNLESS SUCH TIME IS EXTENDED LSB 1777HV (1) 88 -82- lh/jh 82/135 H.F.
AND WITHIN SIXTY DAYS AFTER THE LOSS, UNLESS SUCH TIME IS EXTENDED House File 679, p.
679 IN WRITING BY THIS COMPANY, THE INSURED SHALL RENDER TO THIS COMPANY A PROOF OF LOSS, signed and sworn to by the insured, stating the knowledge and belief of the insured as to the following:
75 IN WRITING BY THIS COMPANY, THE INSURED SHALL RENDER TO THIS COMPANY A PROOF OF LOSS, signed and sworn to by the insured, stating the knowledge and belief of the insured as to the following:
and failing for fifteen days to agree upon such umpire, then, on request of the insured or this company, such umpire shall be selected by a judge of a court of record in the state LSB 1777HV (1) 88 -83- lh/jh 83/135 H.F.
and failing for fifteen days to agree upon such umpire, then, on request of the insured or this company, such umpire shall be selected by a judge of a court of record in the state in which the property covered is located.
679 in which the property covered is located.
An award in writing, so itemized, of any two when filed with this company shall determine the amount of actual cash value and loss.
An award in writing, House File 679, p.
76 so itemized, of any two when filed with this company shall determine the amount of actual cash value and loss.
THIRD PAGE OF STANDARD FIRE POLICY ATTACH FORM BELOW THIS LINE FOURTH PAGE OF STANDARD FIRE POLICY LSB 1777HV (1) 88 -84- lh/jh 84/135 H.F.
THIRD PAGE OF STANDARD FIRE POLICY ATTACH FORM BELOW THIS LINE FOURTH PAGE OF STANDARD FIRE POLICY STANDARD FIRE INSURANCE POLICY Expires .
679 STANDARD FIRE INSURANCE POLICY Expires .
____________________________________________________________ SEE INSIDE OF POLICY FOR PERILS COVERED NO.
____________________________________________________________ House File 679, p.
77 SEE INSIDE OF POLICY FOR PERILS COVERED NO.
190.
189.
LSB 1777HV (1) 88 -85- lh/jh 85/135 H.F.
Sec.
679 Sec.
190.
191.
192.
191.
A person who violates this section subsections 1 through 4 shall be permanently disqualified from acting as an officer, director, or employee of a state credit union and permanently disqualified from acting as superintendent or an employee of the credit union division.
A person who violates this section subsections 1 through House File 679, p.
78 4 shall be permanently disqualified from acting as an officer, director, or employee of a state credit union and permanently disqualified from acting as superintendent or an employee of the credit union division.
193.
192.
194.
193.
195.
194.
LSB 1777HV (1) 88 -86- lh/jh 86/135 H.F.
543C.6 Sales by brokers.
679 543C.6 Sales by brokers.
196.
195.
Notwithstanding section 17A.6, subsection 2, the licensing boards included within the bureau pursuant to subsection 1 may adopt standards by reference to another publication without providing a copy of the publication to the administrative rules coordinator code editor if the publication containing the standards is readily accessible on the internet at no cost and the internet site at which the publication may be found is included in the administrative rules that adopt the standard.
Notwithstanding section 17A.6, subsection 2, the House File 679, p.
79 licensing boards included within the bureau pursuant to subsection 1 may adopt standards by reference to another publication without providing a copy of the publication to the administrative rules coordinator code editor if the publication containing the standards is readily accessible on the internet at no cost and the internet site at which the publication may be found is included in the administrative rules that adopt the standard.
197.
196.
198.
197.
In case of highway improvements by the county, claims LSB 1777HV (1) 88 -87- lh/jh 87/135 H.F.
In case of highway improvements by the county, claims shall be filed with the county auditor of the county letting the contract.
679 shall be filed with the county auditor of the county letting the contract.
199.
198.
However, this section does not prohibit the payment of an annuity to a senior judge while serving as provided in section 602.9206 .
However, this section does not prohibit the payment of an annuity to a senior judge while serving as provided in section House File 679, p.
80 602.9206 .
200.
199.
Upon the conditions herein provided in this chapter for the protection of the state, the consent of the state be and it is hereby given, to be made a party in any suit or action which is now pending or which may hereafter be brought in any of the district courts of Iowa, any of the United States district courts within the state or in any other court of or in Iowa having jurisdiction of the subject matter, involving the title to real estate, the partition of real estate, the foreclosure of liens or mortgages against real estate, or the determination of the priorities of liens or claims against real estate, for the purpose of obtaining an adjudication touching or pertaining LSB 1777HV (1) 88 -88- lh/jh 88/135 H.F.
Upon the conditions herein provided in this chapter for the protection of the state, the consent of the state be and it is hereby given, to be made a party in any suit or action which is now pending or which may hereafter be brought in any of the district courts of Iowa, any of the United States district courts within the state or in any other court of or in Iowa having jurisdiction of the subject matter, involving the title to real estate, the partition of real estate, the foreclosure of liens or mortgages against real estate, or the determination of the priorities of liens or claims against real estate, for the purpose of obtaining an adjudication touching or pertaining to any mortgage or other lien or claim which the state may have or claim to the real estate involved.
679 to any mortgage or other lien or claim which the state may have or claim to the real estate involved.
201.
200.
Actions may be brought within the times herein limited as follows, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:
Actions may be brought within the times herein limited as follows , respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:
202.
201.
203.
202.
Sec.
House File 679, p.
204.
81 Sec.
203.
205.
204.
LSB 1777HV (1) 88 -89- lh/jh 89/135 H.F.
622.86 Foreign affidavits.
679 622.86 Foreign affidavits.
206.
205.
207.
206.
If no redemption is not made by the debtor as above provided in section 628.3 , thereafter, and at any time within nine months from the day of sale, said redemption may be made by a mortgagee before or after the debt secured by the mortgage falls due, or by any creditor whose claim becomes a lien prior to the expiration of the time allowed for such redemption.
If no redemption is not made by the debtor as above provided in section 628.3, thereafter, and at any time within nine months from the day of sale, said redemption may be made by a mortgagee before or after the debt secured by the mortgage falls due, or by any creditor whose claim becomes a lien prior to the expiration of the time allowed for such redemption.
208.
207.
Creditors having the right of redemption may redeem from each other within the time above limited, and in the manner herein provided in this chapter.
Creditors having the right of redemption may redeem from each other within the time above limited, and in the manner House File 679, p.
82 herein provided in this chapter.
209.
208.
The terms of redemption, when made by the titleholder, shall be the payment into the clerk’s office of the amount of the certificate, and all sums paid by the holder thereof in LSB 1777HV (1) 88 -90- lh/jh 90/135 H.F.
The terms of redemption, when made by the titleholder, shall be the payment into the clerk’s office of the amount of the certificate, and all sums paid by the holder thereof in effecting redemptions, added to the amount of the holder’s own lien, or the amount the holder has credited thereon on the lien, if less than the whole, with interest at contract rate on the certificate of sale from its date, and upon sums so paid by way of redemption from date of payment, and upon the amount credited on the holder’s own judgment from the time of said the credit, in each case including costs.
679 effecting redemptions, added to the amount of the holder’s own lien, or the amount the holder has credited thereon on the lien, if less than the whole, with interest at contract rate on the certificate of sale from its date, and upon sums so paid by way of redemption from date of payment, and upon the amount credited on the holder’s own judgment from the time of said the credit, in each case including costs.
210.
209.
211.
210.
212.
211.
Sec.
House File 679, p.
213.
83 Sec.
212.
LSB 1777HV (1) 88 -91- lh/jh 91/135 H.F.
A creditor redeeming as above contemplated pursuant to this chapter is entitled to receive an assignment of the certificate issued by the sheriff to the original purchaser as hereinbefore directed .
679 A creditor redeeming as above contemplated pursuant to this chapter is entitled to receive an assignment of the certificate issued by the sheriff to the original purchaser as hereinbefore directed.
214.
213.
215.
214.
The records Records, orders, and judgments made and entered by the clerk under section 633.22, as hereinbefore provided, and which have not been reversed, set aside, or modified by the court, shall stand, and shall be of the same force, validity, and effect, and be entitled to the same faith and credit, as if they had been made by the court.
The records Records, orders, and judgments made and entered by the clerk under section 633.22 , as hereinbefore provided, and which have not been reversed, set aside, or modified by the court, shall stand, and shall be of the same force, validity, and effect, and be entitled to the same faith and credit, as if they had been made by the court.
LSB 1777HV (1) 88 -92- lh/jh 92/135 H.F.
Sec.
679 Sec.
215.
216.
Section 633.417, Code 2019, is amended to read as House File 679, p.
Section 633.417, Code 2019, is amended to read as follows:
84 follows:
217.
216.
218.
217.
However, that the court may, in its discretion, either on its own motion or upon the motion of any party, submit the same matter to a jury;
However , that the court may, in its discretion, either on its own motion or upon the motion of any party, submit the same matter to a jury;
219.
218.
Such an accounting shall embrace all matters LSB 1777HV (1) 88 -93- lh/jh 93/135 H.F.
Such an accounting shall embrace all matters directed by the court.
679 directed by the court.
220.
219.
633.479 Discharge.
House File 679, p.
85 633.479 Discharge.
(2) All distributees have signed waivers of notice as provided in section 633.478, have.
(2) All distributees have signed waivers of notice as provided in section 633.478, have .
LSB 1777HV (1) 88 -94- lh/jh 94/135 H.F.
Sec.
679 Sec.
220.
221.
It is the duty of the conservator of the estate to protect and preserve it the estate, to invest it the assets prudently, to account for it the assets, receipts, and disbursements as herein provided in this chapter, and to perform all other duties required of the conservator by law, and at the termination of the conservatorship, to deliver the assets of the ward to the person entitled thereto.
It is the duty of the conservator of the estate to protect and preserve it the estate, to invest it the assets prudently, to account for it the assets, receipts, and disbursements as herein provided in this chapter, and to perform all other duties required of the conservator by law, and at the termination of the conservatorship, to deliver the House File 679, p.
86 assets of the ward to the person entitled thereto.
222.
221.
223.
222.
LSB 1777HV (1) 88 -95- lh/jh 95/135 H.F.
Sec.
679 Sec.
223.
224.
Upon the defendant’s failure to perform the condition of the defendant’s undertaking, the same surety shall be forfeited, and the court, upon being satisfied of such a default, may order such the warrant forthwith to issue, and action may be brought on such the undertaking.
Upon the defendant’s failure to perform the condition House File 679, p.
87 of the defendant’s undertaking, the same surety shall be forfeited, and the court, upon being satisfied of such a default, may order such the warrant forthwith to issue, and action may be brought on such the undertaking.
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Amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Explanation of vote.

  4. Message from House.

  5. Immediate message.

  6. Passed House, yeas 97 nays none.

  7. House concurred in Senate amendment H-1164.

  8. Senate amendment H-1164 filed.

  9. Message from Senate.

  10. Immediate message.

  11. Passed Senate, yeas 48, nays 0.

  12. Amendment S-3140 filed, adopted.

  13. Substituted for SF 546.

  14. Placed on calendar under unfinished business.

  15. Read first time and attached to similar SF 546.

  16. Message from House.

  17. Immediate message.

  18. Passed House, yeas 97, nays none.

  19. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Last checked for changes 3 months ago · updated continuously

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