HF 699 — A bill for an act relating to nonsubstantive Code corrections, and including retroactive applicability provisions. (Formerly HSB 209.) Effective date: 07/01/2021. Applicability date: 07/01/2020.

Section 67.3, Code 2021, is amended to read as ffollows: o l l o w s :

67.3 Refusal to obey subpoena ——— fees.

House PileFile 699, p.

If any witness, duly subpoenaed, refuses to obey said the subpoena, or refuses to testify, said the coniniissioncommission shall certify said the fact to the district court of the county where the investigation is being had and said taking place.

Witnesses shall be paid in the manner provided for wwitnesses ibefore tthe nexecutive ecouncil sband efrom fthe otsame h e e x e c u t i v e c o u n t h e s a m e r o m appropriation.

Section 80.45A, subsection 1, paragraph a.a, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

"^Commissioner"“Commissioner” means the commissioner of the department of public safety or the commissioner'scommissioner’s designee.

Section SOD.9,80D.9, Code 2021, is amended to read as ffollows: o l l o w s :

SOD.980D.9 Supervision of reserve peace officers.

The reserve peace officer shall not wear an insignia oof frrank. a n k .

That certified peace officer shall report directly to the chief of police, sheriff, commissioner of public safety or the commissioner'scommissioner’s designee, or director of the judicial district department of correctional services or the director'sdirector’s designee, as the case may be.

Section 84A.13, subsection 4, Code 2021, is amended House PileFile 699, p.

6 tto orread eas aafollows: s f o l l o w s :

A portion of the moneys deposited in the fund, in an amount to be determined annually by the department of workforce development in consultation with the workforce development board, shall be transferred annually to the Iowa child care challenge fund created pursuant to section 84A.13A.84A.13A .

Section 85.26, subsection 3, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

Notwithstanding chapter 17A, the filing with the workers'workers’ compensation commissioner of the original notice or petition for an original proceeding or an original notice or petition to reopen an award or agreement of settlement provided by section 86.13, for benefits under this chapter or chapter 85A or 85B is the only act constituting '^commencement"“commencement” commencement for purposes of this section.

Section 85.55, subsection 1, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

For purposes of this section, franchisee '^franchisee"“franchisee” and franchisor "^franchisor"“franchisor” mean the same as defined in section 2523H.1. 3 H .

1 .

Section 85A.4, Code 2021, is amended to read as ffollows: o l l o w s :

585A.4 ADisablement .Ddefined. i s a b l e m e n t d e f i n e d .

Disablement as that term is As used in this chapter is, House File 699, p.

7 ^disablement"“disablement” means the event or condition where an employee becomes actually incapacitated from performing the employee'semployee’s work or from earning equal wages in other suitable employment because of an occupational disease as defined in this chapter in the last occupation in which such employee is injuriously exposed to the hazards of such disease.

Section 89A.10, subsection 3, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

I3. ft h e c o m m i s h a r e a s t ob e l i t h at h e continued operation of a conveyance constitutes an imminent danger which could reasonably be expected to seriously injure or cause death to any person, in addition to any other remedies, the commissioner may apply to the district court in the county in which such imminently dangerous condition exists for a temporary order for the purpose of enjoining such imminently dangerous conveyance.

If the commissioner has reason to believe that the continued operation of a conveyance constitutes an imminent danger which could reasonably be expected to seriously injure or cause death to any person, in addition to any other remedies, the commissioner may apply to the district court in the county in which such imminently dangerous condition exists for a temporary order for the purpose of enjoining such imminently dangerous conveyance.

Section 91.11, Code 2021, is amended to read as ffollows: o l l o w s :

If the commissioner learns of any violation of any law administered by the division, the commissioner may give the county attorney of the county in which the violation occurred written notice of the facts, whereupon that officer shall institute the proper proceedings against the person charged wwith ithe ttoffense. h eo f f e n s e .

If the commissioner is of the opinion that the violation is not willful, or is an oversight or of a trivial nature, the commissioner may at the commissioner'scommissioner’s discretion fix a time within which the violation shall be corrected and notify the owner, operator, superintendent, or person in charge^charge, and if^^if If. the violation is corrected within the time fixed, then the commissioner shall not cause prosecution to be begun.

If the violation is corrected within the time fixed, then the commissioner shall not cause prosecution to be begun.

Section 96.lA,96.1A, subsection 37, Code 2021, is amended tto orread eas afollows: a sf o l l o w s :

'^Total“Total and partial unemployment"unemployment” ^Totally“Totally unemployed",unemployed”, '^partially“partially unemployed",unemployed”, and '^temporarily“temporarily unemployed".unemployed”.

An individual shall be deemed "^totally“totally unemployed"unemployed” in any week with respect to which no wages are payable to the individual and during which the individual performs no sservices. e r v i c e s .

An individual shall be deemed "^partially“partially unemployed"unemployed” in any week in which either of the following apply:

(1) While employed at the individual'sindividual’s then regular job, the individual works less than the regular full-time week and in which the individual earns less than the individual'sindividual’s weekly benefit amount plus fifteen dollars.

(2) The individual, having been separated from the individual'sindividual’s regular job, earns at odd jobs less than the individual'sindividual’s weekly benefit amount plus fifteen dollars.

An individual shall be deemed '^temporarily“temporarily unemployed"unemployed” if for a period, verified by the department, not to exceed four consecutive weeks, the individual is unemployed due to a plant shutdown, vacation, inventory, lack of work, or emergency from the individual'sindividual’s regular job or trade in which the individual worked full-time and will again work full-time, if the individual'sindividual’s employment, although temporarily suspended, hhas a s not been terminated.

Section 96.6, subsection 2, Code 2021, is amended tto orread eas afollows: d a s f o l l o w s :

The claimant has the initial burden to produce evidence showing that the claimant is not disqualified for benefits in cases involving section 96.5, subsections 10 and 11, and has the burden of proving that a voluntary quit pursuant to section 96.5, subsection 1, was for good cause attributable to the employer and that the claimant is not disqualified for benefits in cases involving section 96.5, subsection 1, paragraphs “a” through '^h".“h”.

If an administrative law judge affirms a decision of the representative, or the appeal board affirms a decision of the administrative law judge allowing benefits, the benefits shall be paid regardless of any appeal which is thereafter taken, but if the decision is finally reversed, no employer'semployer’s account shall be charged with benefits so paid and this relief from charges shall apply to both contributory and reimbursable employers, notwithstanding section 96.8, subsection 5.

Section 96.14, subsection 16, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

Any employer or employing unit refusing or failing to make and file required reports-rreports, or records, or to pay any contributions, interest, or penalty under the provisions of this chapter, after ten days'days’ written notice sent by the department to the employer'semployer’s or employing unit'sunit’s last known address by certified mail, may be enjoined from operating any business in the state while in violation of this chapter upon the complaint of the department in the district court of a county in which the employer or employing unit has or had a place of business within the state, and any temporary injunction enjoining the continuance of such business may be granted without notice and without a bond being required from the department.

or the employer has entered into a plan for the liquidation of the business to pay for such delinquencies as the court may approve, provided that such injunction may be reinstated upon the employer'semployer’s failure to comply with the terms of said plan.

Section 96.40, subsection 55, , Code 2021, is amended tto orread eas aafollows: sf o l l o w s :

An employer may file an appeal in writing o#of from a denial or approval of a plan or revocation of an approved plan by the department within thirty days from the date of the ddecision. e c i s i o n .

Section 124.409, subsection 3, Code 2021, is aamended mto eread nas tfollows: o r e aa s f o l l o w s :

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 ensure compliance with the court'scourt’s order and to insure ensure that the person will not, during the period of treatment and rehabilitation, again violate a provision of this chapter.

Section 125.33, subsection 5, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

If a patient leaves a facility, with or against the advice of the administrator in charge of the facility, the director may make reasonable provisions for the patient'spatient’s transportation to another facility or to the patient'spatient’s home.

If the patient is a minor or an incompetent person^person, the request for discharge from an inpatient facility shall be made by a parent, legal guardian^guardian, or other legal representative^representative, or by the minor or incompetent person if the patient was the original applicant.

Section 135.14, subsection 2, paragraph d.d, Code House File 699, p.

Code House File 699, p.

Manage the oral and health delivery systems bureau including direction, supervision, and fiscal management of bbureau ustaff. r es t a f f .

Section 135.15, unnumbered paragraph 1, Code 2021, iis s amended to read aas sfollows: f o l l o w s :

An oral and health delivery ayatomsystem systems bureau is established within the division of health promotion and chronic disease prevention of the department.

Section 135.16, Code 2021, is amended to read as ffollows: o l l o w s :

135.16 Special supplemental nutrition program for women, infants, and children supplemental food program ——— methamphetamine education.

As a component of the federal funding received by the department as the administering agency for the special supplemental nutrition program for women, infants, and children supplemental food program,program , from the United States department of agriculture, food and consumer nutrition service, the department shall incorporate a methamphetamine education program into its nutrition and health-related education services.

Section 135.16A, Code 2021, is amended to read as ffollows: o l l o w s :

135.16A Vendors participating in federal €oedfood nutrition program ——— egg sales.

"^Conventional“Conventional eggs"eggs” m.ea.nameans eggs other than specialty eggs.

"^Eggs"means“Eggs” means shell eggs that are graded as "aa",“AA”, "a",“A”, or ~B"“B” pursuant to 7 C.F.R.

A, and that are sold at retail in ccommercial omarkets. m m e r c i a l m a r k e t s .

"^Federal“Federal food nutrition program"program” means the special supplemental food nutrition program for women, infants, and children as provided in 42 U.S.C.

'^Grocery“Grocery store"store” means a food establishment as defined in section 137F.1 licensed by the department of inspections and appeals pursuant to section 137F.4, to sell food or food products to customers intended for preparation or consumption off premises.

^Specialty“Specialty eggs"eggs” means eggs produced by domesticated chickens, and sold at retail in commercial markets if the chickens producing such eggs are advertised as being housed in any of the following environments:

A grocery store that is a vendor participating in a federal food nutrition program and offering specialty eggs for retail sale shall maintain an inventory of conventional eggs for retail sale sufficient to meet federal and state requirements for participation in the federal food nutrition pprogram. r o g r a m .

Stock or sell eggs, if the grocery store elects not to stock or sell conventional eggs for retail sale as part of its nnormal obusiness. r m b u s i n e s s .

Comply with the provisions of this section, if the grocery store'sstore’s inventory of eggs for retail sale was limited to specialty eggs prior to January 1, 2018.

Section 135.19, subsection 2, Code 2021, is amended tto orread eas aafollows: s f o l l o w s ;

The list shall be consistent with recommendations developed by the centers for disease control and prevention of the United States department of health and human services,services , and shall be developed in consultation with the Iowa viral hepatitis task force and the Iowa department of veterans affairs.

TThe h e rules sshall halso a l l a l s o establish a vaccination and testing program, to be coordinated by the department through local health departments and clinics and other appropriate locations.

Section 135.43, subsection 2, paragraph n.n, Code 2021, is amended to read as follows:

Coden. 2021, is amended to read as follows:

ij.

(3) Confirmation of receipt by the department of human services receipt of any report of child abuse involving the child, including confirmation as to whether or not any assessment involving the child was performed in accordance with section 232.71B, the results of any assessment, a description of the most recent assessment and the services offered to the family, the services rendered to the family, and the basis for the department'sdepartment’s decisions concerning the case.

Section 135.173A, subsection 4, paragraph n.n, Code 2021, is amended to read as follows:

Coden. 2021, is amended to read as follows:

17.

Section 148F.3, subsection 8, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

14 this state prior to the effectivoeffective date of this Act July 1, 2012.

Section 153.14, subsection 2, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

Licensed "physicians“physicians and aurgcons'^surgeons” physicians and surgeons or licensed "osteopathic“osteopathic physicians and surgeons"surgeons” osteopathic physicians and surgeons who extract teeth or treat diseases of the oral cavity, gums, teeth, or maxillary bones as an incident to the general practice of their profession.

Section 154A.20, subsection 2, Code 2021, is aamended mto eread nas tfollows: o r e aa sf o l l o w s :

The purchaser has been advised that any examination or representation made by a licensed hearing aid specialist in connection with the fitting or selection and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and^and, therefore, must not be regarded as medical opinion or advice.

Section 158.1, subsection 3, Code 2021, is amended tto orread eas aafollows: sf o l l o w s :

"^Barbershop"“Barbershop” vneansmeans an establishment in a fixed location^location, or a location that is readily movable^movable, where one or more persons engage in the practice of barbering.

Section 162.1, subsection 1, paragraph a.a, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

Insure Ensure that all dogs and cats handled by commercial establishments are provided with humane care and ttreatment. r e a t m e n t .

Section 190B.201, subsections 2 and 33, , Code 2021, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

Section 191.1, Code 2021, is amended to read as ffollows: o l l o w s ;

All food offered or exposed for sale, or sold in package or wrapped form, shall be labeled on the package or container as prescribed in sections 189.9 -fe©to through 189.12, inclusive, unless otherwise provided in this chapter.

Section 191.2, unnumbered paragraph 1, Code 2021, iis saamended mto eread nas dtfollows: or e aa sf o l l o w s :

The products enumerated below shall be labeled on the side or top of the container or package in which placed, kept, offered or exposed for sale, or sold as prescribed in sections 189.9 %©to through 189.127—inclusive,189.12, inclusive, except that the label shall be printed in letters not less than three-quarters inch in height and one-half inch in width and subject to the following regulations:

Section 200.2, Code 2021, is amended to read as ffollows: o l l o w s :

This chapter shall be administered by the secretary of agriculture, horoinaftorhereinafter referred to as the aocrotary.secretary .

Section 200.15, Code 2021, is amended to read as ffollows: o l l o w s :

200.15 Refusal to register or cancellation of registration aand nlicenses. d l i c e n s e s .

The Upon satisfactory evidence that the registrant or licensee has used fraudulent or deceptive practices or has willfully violated any provisions of this chapter or any rules and regulations promulgated under this chapter, the secretary is authorized and empowered to cancel do any of the following;following:

Cancel the registration of any product of commercial fertilizer or soil conditioner or license or to rofuaoj^refuse. b.

Refuseb. to register any product of commercial fertilizer o rs o i l c o n d i orir c f u s G .

Refuse to register any product of commercial fertilizer or soil conditioner or refuse .

^a. A cooperative association which is a party to a contract for the care and feeding of swine in compliance with section 9H.2 prior to May 9, 2003, and which is in violation of section 9H.2, as amended by 2003 Iowa Acts, ch.

115,A shallcooperative haveassociation untilwhich Juneis 30,a 2007,party to complya contract for the care and feeding of swine in compliance with section 9H.2 prior to May 9, 2003, and which is in violation of section 9H.2, as amended by 2003 Iowa Acts, cch. h .

115, shall have until June 30, 2007, to comply with section 9H.2, as amended by 2003 Iowa Acts, ch.

Section 216.22, subsection 1, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

For purposes of this section, franchisee and franchisor "^franchisee"“franchisee” and '^franchisor"“franchisor” mean the same as defined in ssection e523H.1. c t i5 2 3 H .

1 .

Section 216B.2, Code 2021, is amended to read as ffollows: o l l o w s :

1216B.2 6Commission Bcreated. C o m m i s s i o n c r e a t e d .

The commission shall adopt rules concerning programs and scrvicGSservices for blind persons provided under this chapter.

C2. o m m i s m e m b e r s b e r e i m b uf o a c t u a l expenses incurred in performance of their duties.

Commission members shall be reimbursed for actual expenses incurred in performance of their duties.

The members of the commission shall appoint officers for the commission.—Acommission. majority of the members of the commission shall constitute a quorum.

A majority of the members of the commission shall constitute a quorum.

Section 225C.3, subsection 1, Code 2021, is amended tto orread eas aafollows: sf o l l o w s :

§201(m) (1976) for the purpose of directing the benefits of the National Mental Health Act, 42 D.S.C.U.S.C.

The division may contract with the state board of regents or any institution under the board'sboard’s jurisdiction to perform any of these functions.

Section 232.182, subsections 5A and 6, Code 2021, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

■5At5A. 6^ I f the court orders placement of the ch ild in to fo s te r ca rthe c o u rt or the departm ent s h a ll e s ta b lis h support o b lig a tifo rthe co sts o f the placem ent pursuant to s e c t i2 3 4 .3 9 .

■6-57.6.

TheIf hearingthe maycourt beorders waivedplacement andof the cochild uinto rtfoster maycare, issuethe Housecourt Fileor 699,the p.department shall establish a support obligation for the costs of the placement pursuant to section 234.39.

186. the findings and order required under subsection 5 on the basis of the department's written report if all parties agree to the hearing's waiver and the department's written report.

7.

The hearing may be waived and the court may issue House File 699, p.

18 the findings and order required under subsection 5 on the basis of the department’s written report if all parties agree to the hearing’s waiver and the department’s written report.

Section 260C.48, subsection 1, paragraph a, subparagraph (1), subparagraph division (a).(a), Code 2021, is amended to read as follows:

Code(a) 2021,Possess isa baccalaureate or graduate degree in the area or a mrelated earea nof dtstudy or eoccupational aaarea sfin owhich lthe linstructor oteaches wclasses, sor :possesses possess a baccalaureate degree in any area of study if at least eighteen of the credit hours completed were in the career and technical field of instruction in which the instructor teaches classes.

(a) Possess a baccalaureate or graduate degree in the area or a related area of study or occupational area in which the instructor teaches classes, or possesses possess a baccalaureate degree in any area of study if at least eighteen of the credit hours completed were in the career and technical f i e o f i n s t r u i nw h i t h ei n s t r ut e a c h e s c l a s s e s .

Section 261.120, subsection 3, paragraph a, subparagraphs (1) and (2), Code 2021, are amended to read as ffollows: o l l o w s :

(1) Is enrolled in the final year of a doctor of veterinary medicine degree program at a college of veterinary medicine accredited by the American veterinary medical association ccouncil oon ueducation. n c i e d u c a t i o n .

Section 261.120, subsection 4, paragraph a.a, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

Receive or possess a doctor of veterinary medicine degree,degree , or the equivalent, from a college of veterinary medicine accredited by the American veterinary medical association ccouncil o u n c i l on eeducation. d u c a t i o n .

Section 263B.4, Code 2021, is amended to read as ffollows: o l l o w s :

6263B.4 3Definitions. B D e f i n i t i o n s .

AAs s used in sections 263B.5 and 263B.6:

^Appropriate“Appropriate authority"authority” vcLea.Tvameans the federal or state authorities concerned with the preservation and study of historical objects.

irr1. ^ "^Historical objects" means archaeological and paleontological objects, including all ruins, sites, buildings.

House2. File 699, p.

“Historical objects” means archaeological and paleontological objects, including all ruins, sites, buildings, House File 699, p.

i-r2. ^ "^Salvage" means the salvage of historical objects.

■3-i—"^Appropriate3. a u th o rity" means the federal or state a u th o ritie s concerned w ith the p re se rva tio n and study o f h is to r ic a l o b je c ts .

“Salvage” means the salvage of historical objects.

3.

“Appropriate authority” means the federal or state authorities concerned with the preservation and study of historical objects.

SSection e ctio n 272A.1, susubsection b se ctio n 2, paragraphs a, b, cc, ,d, de, ,and ef, ,Code and2021, fare .amended to read as follows:

Code 2 0 2 1 a re am ended to re a d as f o llo w s ;

a-.

""^Educational personnel" mcana persons who must meet requirem ents pursuant to s ta te law as a c o n d itio n o f employment in e d u c a tio n a l program s.

'^Accept'',“Educational orpersonnel” any v a ria n t th e re o f, means topersons recognizewho andmust gmeet ivrequirements e e ffe c t to one o r more d e te rm in a tio n s o f a n o th e r s ta te r e la tin g to the q u a lific a tio n s o f e d u c a tio n a l p e rso n n e l in lie u o f m aking o r re q u irin g a lik e d e te rm in a tio nth a t w ould o th e rw ise be re q u ire d by or pursuant to thestate lawslaw oas f a recondition cof eemployment iv in geducational sprograms. t a t e .

a.

“Accept”, or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.

"^Designated“Designated state oofficial” ffic ia l" means the education oofficial fficof ia l o f a stastate te selected by ththat astate t sta te to negotiate and enter ininto, to , on bbehalf eof hthat astate, lfcontracts o f th a t s ta te , c o n tra c ts pursuant to ththis isagreement. agreem ent.

e-i "^Accept", or any va ria n t thereofy means to rocognizc and give e ffe c t to one or more determ inations of another sta te re la tin g to the q u a lific a tio n s of educational personnel in lie u o f making or re q u irin g a lik e d e te rm in a tio n th a t would otherw ise be re q u ire d by or pursuant to the laws of a re c e iv in g s t a t e .

""^Educational“Accept”, por eany rsovariant nthereof, nmeans eto l"recognize meansand personsgive whoeffect mustto meetone requiremor entsmore pursuantdeterminations toof sanother tastate terelating lawto asthe aqualifications cof oeducational npersonnel din itiolieu nof omaking for employmentrequiring ina elike ddetermination uthat cwould aotherwise tiobe nrequired aby lor ppursuant roto gthe ralaws mof s.a receiving state.

d-.c.

"^Dtate"“Educational personnel” means apersons state#who temust rmeet rrequirements itopursuant rto ystate ,orlaw possessionas oa fcondition theof Uemployment nin iteeducational dprograms. S ta te s ;

thd. e D is t r ic to f C o lu m b ia ;o r th e Commonwealth o f P u e r t oR ic o .

e-r“State” dj_ ""^Originating state" means a state, andterritory, theor spossession uof bthe dUnited ivStates; is io n th e re o f,i f any, whose d e te rm in a tio n th a t c e rta in educational personnel are q u a lifie d to be employed fo r s p e c ific d u tie s in sch o o ls is a c c e p ta b lin accordance w ith th e term s o f a c o n tra c t made p u rsu a n t to a r t ic le I I I o f th is agreem ent.

the District of Columbia;

or the Commonwealth of Puerto Rico.

e.

d.

“Originating state” means a state, and the subdivision thereof, if any, whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to article III of this agreement.

20 €-rf. ej_ "^Receiving state" means a state, and the subdivisions thereof, which accepts educational personnel in accordance with the terms of a contract made pursuant to article III of this agreement.

e.

“Receiving state” means a state, and the subdivisions thereof, which accepts educational personnel in accordance with the terms of a contract made pursuant to article III of this agreement.

"^State"“State” means a state, territory, or possession of the United States;

or the Commonwealth oof fPPuerto uRico. e r R i c o .

Section 306A.10, Code 2021, is amended to read as ffollows: o l l o w s ;

306A.10 Notice to relocate ——— costs paid.

Whenever the state department of transportation, a city^city, or a county determines that relocation or removal of any utility facility now located in, over, along, or under any highway or street, is necessitated by the construction of a project on routes of the national system of interstate and defense highways including extensions within cities or on streets or highways resulting from interstate substitutions in a qualified metropolitan area under Tit.

Section 311.23, subsection 1, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

Any assessments which are paid in cash^cash, and in anticipation of which assessments no certificates have been issued, shall be transferred to the county treasury.

Section 321.504, Code 2021, is amended to read as ffollows: o l l o w s :

Section 327E.1, Code 2021, is amended to read as ffollows: o l l o w s :

327E.1 Foreign railway companioacompanies corporations.

Section 331.424, subsection 1, paragraph a, subparagraph (1), subparagraph division (b).(b), Code 2021, is amended to read as follows:

Code(b) 2021,Clothing, istransportation, amedical, mor eother nservices dtprovided persons attending the Iowa braille and sight saving school, the Iowa school for the deaf, or ethe aauniversity sof fIowa ohospitals land lclinics’ ocenter wfor sdisabilities :and development for children with severe disabilities at Iowa City, for which the county becomes obligated to pay pursuant to sections 263.12, 269.2, and 270.4 through 270.7 .

(b) Clothing, transportation, medical, or other services provided persons attending the Iowa braille and sight saving school, the Iowa school for the deaf, or the university of Iowa hospitals and clinics' center for disabilities and development for children with severe disabilities at Iowa City, for which the county becomes obligated to pay pursuant to sections 263.12, 269.2, and 270.4 through 270.7.

Section 359.3, Code 2021, is amended to read as ffollows: o l l o w s :

but no action shall be taken affecting the boundaries or existing conditions of school ddistricts. i s t r i c t s .

Section 359.32, Code 2021, is amended to read as ffollows: o l l o w s ;

359.32 Sale of lots ——— gifts.

Township trustees shall have authority to provide for the sale of lots^lots, or portions thereof, in any cemetery under their control, and make rules in regard thereto.

Township trustees may provide for perpetual upkeep by the establishment of a perpetual upkeep fund from the proceeds of sale of lots, and may accept gifts a gift, devise, or bequestT-bequest, made to them for that purpose.

Section 359A.22, Code 2021, is amended to read as ffollows: o l l o w s :

Upon the application of either owner, after notice is given as prescribed in this chapter, the fence viewers shall determine all controversies arising under sections 359A.18 -feeto through 359A.21, inclusive, including the partition fences made sheep and swine tight.

Section 420.236, subsection 1, Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

That fono a person shall not be permitted to pay taxes of any one year until the taxes for the previous years shall be are first paid.

Section 421.27, subsection 2, paragraph c, subparagraph (2), subparagraph division (b).(b), Code 2021, is amended to read as follows:

Code(b) 2021,As isused ain mthis esubparagraph, nall dtwords orand ephrases aashall sfhave othe lsame lmeaning oas wdefined sin :section 422.25A shall have the same meaning given them by that section.

(b) As used in this subparagraph, all words and phrases shall have the same meaning as defined in section 422.25A shall have the same moaning given them by that section.

Section 421.59, subsection 1, paragraph b.b, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

A taxpayer may at any time revoke a power of attorney filed with the department pursuant to this subsection i.1 .

23 processing of the taxpayer'staxpayer’s revocation of a power of attorney, the department shall cease honoring the power of attorney.

Section 422.1, subsections 4 and 10, Code 2021, are aamended mto eread nas dtfollows: or e aa s f o l l o w s :

Subchapter IV Repealed by 2003 Iowa Acts, 1st EEx., xch. .

,2, ch.§151, 205;

2 , §151, 205;

Subchapter X Repealed by 2009 Iowa Acts, cch. h .

1179, 7 9 , §152, 153.

Section 422.4, subsection 10, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

The word '^nonresident"“nonresident” applies only to individuals, and includes all individuals who are not ^^residents"“residents” within the meaning of subsection 15 hereof.hereof .

Section 422.IIA,422.11A, Code 2021, is amended to read as ffollows: o l l o w s :

422.IIA422.11A New jobs tax credit.

The amount of this credit is equal to the product of six percent of the taxable wages, as defined in section 96.lA,96.1A, subsection 36, upon which an employer is required to contribute to the state unemployment compensation fund, as defined in section Q6.1Ay96.1A, subsection 36^36, times the number of new jobs existing in the tax year that directly result from the project covered by the agreement or new jobs that directly result from those new jobs.

The tax year chosen by the industry shall either begin or end during the period beginning with the date House PileFile 699, p.

The amount claimed by the individual shall be based upon the pro rata share of the individual'sindividual’s earnings of the partnership, subchapter S corporation, or estate or trust.

Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following ten tax years or until depleted, wwhichever his ithe cearlier. h ei st h e e a r l i e r .

For purposes of this section, '^agreement",“agreement”, "^industry",“industry”, "^new“new job",job”, and "^project"“project” mean the same as defined in section 260E.2 and "^base“base employment Jevei"level” means the number of full-time jobs an industry employs at the plant site which is covered by an agreement under chapter 260E on the date of that agreement.

Section 422.IIS,422.11S, subsection 8, paragraph a, subparagraph (2), subparagraph division (b), subparagraph subdivision (i).(i), Code 2021, is amended to read as follows:

Code(i) 2021,During any calendar year beginning on or after January 1, 2022, if the amount of awarded tax credits from the preceding calendar year are is amendedequal to reador asgreater follows:than ninety percent of the total approved tax credits for the current calendar year, the total approved tax credits for the current calendar year shall equal the product of ten percent multiplied by the total approved tax credits for the current calendar year plus the total approved tax credits for the current calendar year.

(i) During any calendar year beginning on or after January 1, 2022, if the amount of awarded tax credits from the preceding calendar year a^^e equal to or greater than ninety percent of the total approved tax credits for the current calendar year, the total approved tax credits for the current calendar year shall equal the product of ten percent multiplied by the total approved tax credits for the current calendar year plus the total approved tax credits for the current calendar y e a r .

Section 422.25A, subsection 1, paragraph r.r, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

^Partnership“Partnership level audit"audit” means an examination by the internal revenue service at the partnership level pursuant to subchapter CtC, of title 26, subtitle F, chapter 63, of the Internal Revenue Code, as enacted by the Bipartisan Budget Act of 2015, Pub.

114-74, and as amended, which results in final federal partnership adjustments initiated and made by the internal revenue sservice. e r v i c e .

Section 422.29, subsection 1, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

Notwithstanding the terms of said AetAct chapter 17A, petitions for judicial review may be filed in the district court of the county in which the petitioner resides, or in which the petitioner'spetitioner’s principal place of business is located, or in the case of a nonresident not maintaining a place of business in this state either in any county in which the income involved was earned or derived or in Polk county, within sixty days after the petitioner shall have received notice of a determination by the director as provided ffor oin isection ns422.28. e c t i4 2 2 .

2 8 .

Section 422.33, subsection 66, , Code 2021, is amended tto orread eas aafollows: sf o l l o w s ;

a.

The amount of this credit is equal to the product of six percent of the taxable wages, as defined in section 96.lA,96.1A, subsection 36, upon which an employer is required to contribute to the state unemployment compensation fund, as defined in section 06.1Ay96.1A, subsection 36y36 , times the number of new jobs existing in the tax year that directly result from the project covered by the agreement or new jobs that directly result from those new jobs.

For purposes of this section, "^agreement",“agreement”, "^industry",“industry”, "^new“new job''andjob” ""project"and “project” mean the same as defined in section 260E.2 and ""base“base employment level"level” meariBmeans the number of full-time jobs an industry employs at the plant site which is covered by an agreement under chapter 260E on the date of that agreement.

(1) It is unlawful for the director, or any person having an administrative duty under this chapter, or any present or former officer or other employee of the state authorized by the director to examine returns, to willfully or recklessly divulge in any manner whatever,whatever , the business affairs, operations, or information obtained by an investigation under this chapter of records and equipment of any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return-r£return, or; to willfully or recklessly permit any return or copy of a return or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law.

or to willfully or recklessly permit any return or copy of a return or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law.

Section 455B.133B, subsection 5, paragraph d, subparagraph (2), unnumbered paragraph 1, Code 2021, is amended tto orread eas aafollows: sf o l l o w s :

Section 455B.134, subsection 3, paragraph e, subparagraph (1), unnumbered paragraph 1, Code 2021, is amended tto orread eas aafollows: s f o l l o w s :

Section 455B.134, subsections 112 2 and 13, Code 2021, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

A subpoena shall be issued and enforced in the same mmanner aas nin nacivil sriactions. nc i v i l a c t i o n s .

Section 455B.138, subsection 11, , Code 2021, is aamended mto eread nas tfollows: o r e aa sf o l l o w s :

W1. h e t h e d i r eh a s e v i d t h a tv i o l a o f o n any provision of division this subchapter II of this chapter or chapter 459, subchapter II, or rule, standard, or permit established or issued under division this subchapter II or chapter 459, subchapter II, has occurred, the director shall notify the alleged violator and, by informal negotiation, attempt to resolve the problem.

When the director has evidence that a violation of any provision of division this subchapter II of this chapter or chapter 459, subchapter II, or rule, standard, or permit established or issued under division this subchapter II or chapter 459, subchapter II, has occurred, the director shall notify the alleged violator and, by informal negotiation, attempt to resolve the problem.

The applicable time frames for the issuance and appeal of the oorder rare ddefined ain rsection ed455B.110. e f i i ns e c t 4 5 5 B .

1 1 0 .

Section 455B.140, Code 2021, is amended to read as ffollows: o l l o w s :

JJudicial ureview dof iactions cof rthe ecommission vor ioof fathe c t i o n t h c o m m i sor o f t h e director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.

Section 455B.143, subsection 1, Code 2021, is amended tto o read aas sfollows: f o l l o w s :

The director may grant a variance if the director finds that all of the following:following :

and^and b..

b.

Section 455B.145, Code 2021, is amended to read as ffollows: o l l o w s :

Ordinances, rules^rules, and standards establishing requirements consistent with, or more strict than, those imposed by this division subchapter II or rules and standards adopted by the department.

Administrative organization, staff, financial^financial, and other resources necessary to administer an efficient and effective pprogram. r o g r a m .

The department shall adopt uniform state standards for the location of emission monitoring devices specifying such intervals and such procedures to provide a reasonably consistent measurement of emissions from air contaminant sources regardless of the political subdivision of the state in which the sources may be llocated. o c a t e d .

Any political subdivision desiring a certificate of acceptance shall apply to the department on forms prescribed by tthe hdirector. d i r e c t o r .

Section 455B.146, Code 2021, is amended to read as ffollows: o l l o w s :

455B.146 Civil action for compliance ——— local program aactions. c t i o n s .

Section 455B.146A, subsections 1 and 2, Code 2021, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

A person who knowingly violates any provision of division this subchapter II of this chapter, any permit, rule, standard, or order issued under division this subchapter II of this chapter, or any condition or limitation included in any permit issued under division this subchapter II of this chapter.chapter, House File 699, p.

House File 699, p.

A person who knowingly makes any false statement, representation, or certification of any application, record, report, plan, or other document filed or required to be maintained under division this subchapter II of this chapter, or by any permit, rule, standard, or order issued under division this subchapter II of this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under division this subchapter II of this chapter, or by any permit, rule, standard, or order issued under division this subchapter II of this chapter,chapter , or who knowingly fails to notify or report as required by division this subchapter II of this chapter or by any permit, rule, standard, or order issued under division this subchapter II of this chapter, or by any condition or limitation included in any permit issued under division this subchapter II of this chapter, is guilty of an aggravated misdemeanor punishable by a fine of not more than ten thousand dollars per day per violation or by imprisonment for not more than one year, or by both.

A person who knowingly fails to pay any fee owed the state under any provision of division this subchapter II ©€•of this chapter,chapter , or any permit, rule, standard, or order issued under division this subchapter II of this chapter, is guilty of an aggravated misdemeanor punishable by a fine of not more than ten thousand dollars per day per violation or by imprisonment for not more than six months, or by both.

If the conviction is for a second or subsequent violation under this paragraph.paragraph, House File 699, p.

House File 699, p.

Section 455B.149, subsection 1, Code 2021, is amended tto o read aas sfollows: f o l l o w s :

Upon application by the owner or operator of a fuel-burning stationary source, and after notice and opportunity for public hearing, the commission may petition the president, under section 110, subsection “f”, paragraph lj_1, of the federal Clean Air Act as amended through January 1, 1991, for a determination that a national or regional energy emergency exists.

Section 455B.171, subsections 28 and 36, Code 2021, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

'^Schedule“Schedule of compliance"compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with any effluent standard, water quality standard, or any other requirement of this part 1 of this division subchapter III or any rule promulgated pursuant thereto to this subchapter.

'^Sewer“Sewer system"system” means pipelines or conduits, pumping House File 699, p.

Section 455B.173, subsection 2, paragraph b.b, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

Notwithstanding any other provision of this part 1 of this division subchapter III or chapter 459, subchapter III, any new source, the construction of which was commenced after October 18, 1972, and which was constructed as to meet all applicable standards of performance for the new source or any more stringent effluent limitation required to meet water quality standards, shall not be subject to any more stringent House File 699, p.

34 effluent limitations during a ten-year period beginning on the date of completion of construction or during the period of depreciation or amortization of the pollution control equipment for the facility for the purposes of section 167 or 169 or both sections of the Internal Revenue Code, whichever period ends ffirst. i r s t .

Section 455B.174, subsections 1 and 3, Code 2021, aare ramended eto aread mas efollows: nt or e aa s f o l l o w s :

Take any action or actions allowed by law which, in the director'sdirector’s judgment, are necessary to enforce or secure compliance with the provisions of this part 1 of this division subchapter III or chapter 459, subchapter III, or of any rule or standard established or permit issued pursuant thereto.

Section 455B.174, subsection 4, paragraph a, subparagraph (1), unnumbered paragraph 1, Code 2021, is amended tto orread eas aafollows: sf o l l o w s :

This plan shall include the following components;components:

Section 455B.174, subsection 5, paragraph a.a, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

991. 1 .

Section 455B.175, Code 2021, is amended to read aas sfollows: f o l l o w s :

If there is substantial evidence that any person has violated or is violating any provision of, or any rule or standard established or permit issued pursuant to, this part 1 of this division subsection III, chapter 459, subchapter III, chapter 459A, or chapter 459B, or of any rule or standard Gstabliahcdestablished or permit issued pursuant thereto;

then one of the following may apply:apply :

On appeal the commission may affirm, modify, or vacate the order of the director■^-©r■^director; b.

Ior f i tis determ ined by th e d ire c to th a t an emergency e x is tsre s p e c tin g any m a tte r a ffe c tor lik e ly to a ffe c t the p u b lic h e a lththe d ire c to r may issue any o rd e r necessary to te rm in a tethe emergency w ith o u t n o tic e and w ith o u t h e a rin g .

Anyb. such order s h a ll be b in d in g and e ffe c tiv e im m ediately and u n t ilsuch o rd e r is m o d ifie dor vacated a t a h e a rin g b e fo re th e commission or by a court-r-er-^ c.

TheIf dit ireis cdetermined toby r,w ith the approvaldirector othat fan theemergency comexists mrespecting ission,any maymatter requestaffecting theor attorneylikely general to inaffect sthe titupublic tehealth, lethe gdirector amay lissue proceedingsany pursuantorder necessary to seterminate ctiothe nemergency 455B.191without ornotice 459.604.and without hearing.

Any such order shall be binding and effective immediately and until such order is modified or vacated at a hearing before the commission or by a court;

or .

c.

The director, with the approval of the commission, may request the attorney general to institute legal proceedings pursuant to section 455B.191 or 459.604.

Notwithstanding the limlimitations ita tio n s on ccivil iv il and crimcriminal in a l penalty amounts in sections 331.302 and 331.307, a county that has entered ininto to an agreement wwith ith the departmdepartment ent pursuant to sesections ctio n s 455B.174 and 455B.183 regarding the cconstruction oof n s tru c tio n o f semipublic sewage disposal systems may assess ccivil iv il penalties in amounts cconsistent owith nand snot is te n t w itand n o t exceeding ththe e amounts established fofor r such ppenalties e n a ltie s under ththis isdivision d iv is io n subchapter IIII. I I .

SSection e c tio 455B.177, ssubsection u1, b s e c ti1, Code 2021, is aamended mto eread nas dfollows: t o r e a a s f o l l o w s ;

The general assembly finfinds d s and declares ththat a t because the fefederal d e ra l Water PPollution oControl llu tio n C o n tro l Act provides fofor r a permpermit it system to regulate the discharge of ppollutants ointo llu ta n ts in to the waters oof f the UUnited nitedStates S tates and provides ththat apermits t perm its may be issued by states which are authorized to implement ththat a t Act, iit t is in the ininterest teof re s t o f the people oof f Iowa to enact ththis ispart p a rt 1 oof fthis thdivision is d iv is io subchapter IIII I I in order to aauthorize u th o rize the sstate ta te to implement the fefederal d e ra l Water PPollution oControl lluAct, tio n C o n tro l A ct, and fefederal d e ra l House File 699, p.

Section 455B.179, Code 2021, is amended to read as ffollows: o l l o w s :

Section 455B.182, Code 2021, is amended to read as ffollows: o l l o w s ;

Failure to obey any order issued by the department with reference to a violation of this part 1 of this division subchapter III;III ;

Section 455B.183A, subsection 1, Code 2021, is aamended mto eread nas dtfollows: or e aa s f o l l o w s :

Moneys in the private water supply system account are appropriated to the department for the purpose of supporting the programs established to protect private drinking water supplies as provided in sections 455B.187, 455B.188, 455B.190, and 5455B.190A. 5 B .

1 9 0 A .

Section 455B.183C, Code 2021, is amended to read aas sffollows: o l l o w s :

455B.183C Personnel ——— department of management.

Notwithstanding any limitation upon the department'sdepartment’s number of full-time equivalent positions as defined in section 8.36A, any point limitation on personnel, or any other limitation upon the number of personnel or their employment classification, imposed by the department of management, the House File 699, p.

Section 455B.191, subsections 22, ,4, 45, , 5 , and 66, , Code 2021, are amended to read as follows:

Any person who violates any provision of this part 1 of division subchapter III of this chapter or any permit, rule, standard, or order issued under this part 1 of division subchapter III of this chapter shall be subject to a civil penalty not to exceed five thousand dollars for each day of ssuch uviolation. cv i o l a t i o n .

Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this part 1 of division subchapter III of this chapter, or who falsifies, tampers withj^with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this part 1 of division subchapter III of this chapter or by any permit, rule, regulation, or order issued under this part 1 of division subchapter III of this chapter, shall upon conviction be punished by a fine of not more than ten thousand dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.

In any such action, any previous findings of fact of the director or the commission after notice and hearing shall be conclusive if supported by substantial evidence in the record when the record iis s viewed as a swhole. awhole.

In all proceedings with respect to any alleged violation of the provisions of this part 1 of division subchapter III or any rule established by the commission or the department, the burden of proof shall be upon the commission or the department except in an action for contempt as provided in section 5455B.182. 5 B .

1 8 2 .

998. 8 .

Section 455B.192, Code 2021, is amended to read as ffollows: o l l o w s :

455B.192 Local government ——— penalties.

Section 455B.219, subsection 8, Code 2021, is aamended mto eread nas dtfollows: or e aa s f o l l o w s :

Section 455B.224, Code 2021, is amended to read aas sffollows: o l l o w s :

Each day of operation in such violation of said this part or any rules adopted thcroundcrthereunder under this part shall constitute a separate offense.

Section 455B.307, Code 2021, is amended to read aas sffollows: o l l o w s :

455B.307 Dumping ——— where prohibited ——— penalty.

Any person who violates any provision of part 1 of this division subchapter IV or any rule or any order adopted or the conditions of any permit or order issued pursuant to part 1 of this division subchapter IV shall be subject to a civil penalty, not to exceed five thousand dollars for each day of ssuch uviolation. cv i o l a t i o n .

Section 455B.307A, subsection 4, Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

This section shall not apply to the discarding of litter regulated under chapter 455B^455B, division subchapter IV, part 3, and local littering ordinances.

Section 455B.396, subsection 11, , Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

Liability to the state under this part i4 or part 5 of this division subchapter IV is a debt to the state.

The debt, together with interest on the debt at the maximum lawful rate of interest permitted pursuant to section 535.2, subsection 3, paragraph “a”, from the date costs and expenses are incurred by the state or a political subdivision is a lien on real property, except single and multifamily residential property, on which the department incurs costs and expenses creating a liability and owned by the persons liable under this part 4 or part 5.

To be effective, the statement of claim shall be amended and filed within one hundred twenty days after the occurrence of the event resulting iin ntthe hamendment. a m e n d m e n t .

Section 455B.477, subsection 7, Code 2021, is aamended mto eread nas dtfollows: or e aa s f o l l o w s :

The department shall cooperate with the board of the Iowa comprehensive petroleum underground storage tank fund to maximize the state'sstate’s eligibility for and receipt of federal funds for underground storage tank related purposes.

Section 455B.754, Code 2021, is amended to read aas sffollows: o l l o w s :

Section 455B.801, Code 2021, is amended to read aas sffollows: o l l o w s :

5455B.801 5Short Btitle. .

SThis hdivision osubchapter rXI tshall tbe iknown tand lmay ebe .cited as the “Mercury-Free Recycling Act”.

This division subchapter XI shall be known and may be cited as the '^Mercury-Free Recycling Act".

Section 455B.803, subsection 2, paragraph e.e, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

Section 455B.805, Code 2021, is amended to read aas sffollows: o l l o w s :

Section 455B.806, Code 2021, is amended to read aas sffollows: o l l o w s :

The commission shall adopt rules pursuant to chapter 17A as necessary to implement the provisions of this division subchapter XI.XI .

Section 455B.807, subsection 2, Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

One medium must be available twenty-four hours per day, seven days per week, and maintained with current House PileFile 699, p.

Section 458A.21, subsection 1, Code 2021, is amended tto o read aas sfollows: f o l l o w s ;

The state, counties^counties, cities^and cities, and other political subdivisions may lease publicly owned lands under their respective jurisdictions for the purpose of oil or gas or metallic minerals exploration and production.

Any such leases shall be entered into on behalf of the state by the executive council, on behalf of a county by the board of supervisors, on behalf of a city by the council^council, and on behalf of another political subdivision by the governing body.

Section 458A.25, Code 2021, is amended to read as ffollows: o l l o w s :

458A.25 Liens for labor or materials and oof f contractor and subcontractor ——— manner of perfecting liens ——— enforcement of liens.

Provisions of chapter 572 as to mechanic'smechanic’s liens or labor and materials furnished for improvements on real estate and of contractors and subcontractors shall apply to labor and materials furnished for gas or oil wells, or pipe lines,'lines, and such.

Section 459.202, subsection 1, paragraph b, unnumbered paragraph 1, Code 2021, is amended to read as ffollows: o l l o w s :

The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, a bona fide religious institution, or an educational iinstitution: n s t i t u t i o n :

46 ffollows: o l l o w s ;

The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, or a commercial enterprise, a bona fide religious institution, or an educational iinstitution: n s t i t u t i o n ;

Section 459.304, subsection 3, paragraph c.c, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

In completing the master matrix, the board shall not sscore c o r e c r i o nar s e l e c b a s i sT h b o a m u s t s c o r e a l l criteria whichon -ta are part of the master matrix according to the terms and conditions relating to construction as specified in the application or commitments for manure management that are to be incorporated into a manureselective managementbasis. plan as provided in section 459.312.

The board must score all criteria which is are part of the master matrix according to the terms and conditions relating to construction as specified in the application or commitments for manure management that are to be incorporated into a manure management plan as provided in section 459.312.

Section 462A.8, Code 2021, is amended to read as ffollows: o l l o w s :

462A.8 Transmittal oof f information.

When any request is duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission under this chapter^chapter, such information sshall h a l l be transmittettransmitted oto said that oofficial f f i c i a l or aagency. g e n c y .

Section 481A.98, Code 2021, is amended to read as ffollows: o l l o w s :

Each fur dealer shall report to the commission-rcommission, the name of any person^person, if known to the dealer, who attempts to sell any skins or hides which appear to have been unlawfully taken-rtaken, or possessed by that person.

Section 483A.1A, subsection 2, Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

"^'Commission"“Commission” mesinsmeans the natural resource commission ccreated runder esection a455A.5. tu n d s e c t i4 5 5 A .

5 .

Section 483A.24, subsection 77, , Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

A license shall not be required of minor pupils of the state school for the blind Iowa braille and sight saving House PileFile 699, p.

47 school,school , Iowa school for the deaf, or of minor residents of other state institutions under the control of an administrator of a division of the department of human services.

The military person shall carry the person'sperson’s leave papers and a copy of the person'sperson’s current earnings statement showing a deduction for Iowa income taxes while hunting or fishing.

In lieu of carrying the person'sperson’s earnings statement, the military person may also claim residency if the person is registered to vote in this state.

Section 508.36, subsection 6, paragraph b, subparagraph (1), subparagraph division (a).(a), Code 2021, is amended to read as follows:

Code(a) 2021,For life insurance, W I equals .03 + W(R1 – .03) + 2 (W/2) x (R2 – .09), where R1 is athe mlesser eof nR tand o.09, rR2 eis aathe sgreater fof oR land l.09, oR wis sthe :reference interest rate defined in paragraph “d” of this subsection, and W is the weighting factor defined in paragraph “c” of this subsection.

(a) For life insurance, W I equals .03 + W(R1 - .03) + a (W/2) x (R2 - .09), where R1 is the lesser of R and .09, R2 is the greater of R and .09, R is the reference interest rate defined in paragraph ""cf" of this subsection, and W is the weighting factor defined in paragraph of this subsection.

Section 509.2, unnumbered paragraph 1, Code 2021, iis saamended mto eread nas dtfollows: or e aa sf o l l o w s :

No policy of group life insurance shall be delivered in this state unless it contains in substance the following provisions, or provisions which in the opinion of the commissioner are more favorable to the persons insured or at least as favorable to the persons insured, and more favorable to the policyholder, provided, however, that provisions of subsections 6 -feeto through IOt—inclusive^10, inclusive, of this section shall not apply to policies issued to a creditor to insure debtors of such creditor;

Section 509.2, subsection 7, Code 2021, is amended tto orread eas afollows: d a s f o l l o w s :

A provision that the insurer will issue to the policyholder for delivery to each person insured an individual certificate setting forth a statement as to the insurance protection to which the person is entitled, to whom the insurance benefits are payable, and the rights and conditions set forth in subsections 8 ^to through lOy10, inclusive^inclusive, following if applicable.

Section 515.4, Code 2021, is amended to read as ffollows: o l l o w s :

1515.4 5Name. .N a m e .

IIf ftthe hcommissioner ecof oinsurance mfinds mthe iname sof sothe fi n s u r a n c et h n a m e ot h e company to be so similar to one already appropriated by a corporation of the same character as to be likely to mislead the public or to cause inconvenience, the commissioner shall refuse the commissioner'scommissioner’s certificate to itaits the company'scompany’s articles on that ground.

Section 515D.6, Code 2021, is amended to read as ffollows: o l l o w s :

1515D.6 5Prohibited Dreasons. P r o h i b r e a s o n s .

No ^An insurer shall not refuse to renew a policy solely because of age, residence, sex, race, color, creed, or occupation of an insured.

No ^An insurer shall not require a physical examination of a policyholder as a condition for renewal solely on the basis of age or other arbitrary reason.

49 expenses incident to such the examination shall be borne by the iinsurer. n s u r e r .

Section 518B.5, Code 2021, is amended to read as ffollows: o l l o w s ;

518B.5 Warrants issued ——— overage fund.

If the assessment produces a fund greater than the amount requested by the secretary, the overage shall be placed in a special fund in the office of the ttreasurer rof estate aunder sthe uocontrol fsof tthe acommissioner uand n d t h c o n t ro ft h c o m m i s s a n d e r the director of the department of administrative services and shall be applied to any subsequent requests by the secretary for reimbursement of losses paid on lines of insurance reinsured by the secretary in this state in accordance with the AAct. c t .

Section 521A.2, subsection 1, paragraph 1,l, Code 2021, is amended to read as follows:

i.l.

Owning a corporation or corporations engaged or organized to engage exclusively in one or more of the businesses specified in paragraphs ^“a” to through “k” inclusive.

Section 523C.9, subsection 3, Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

The service company has without just cause refused to perform or negligently or incompetently performed services required to be performed under its service contracts and the refusal, or negligent or incompetent performance^^performance, has occurred with such frequency, as determined by the commissioner, as to indicate the general business practices of the service company.

Section 537.1201, subsection 1, paragraph a, unnumbered paragraph 1, Code 2021, is amended to read as ffollows: o l l o w s :

House PileFile 699, p.

50 A transaction, or acts, practices, or conduct with respect to a transaction, if the transaction is entered into in this state, except that a transaction involving other than open-end credit or acts, practices, or conduct with respect to such a transaction shall not subject any person to damages or penalty under article 5 of this chapter, or administrative enforcement under article 6, part l—i_1. Sec.

Sec.

Section 543C.1, subsection 1, Code 2021, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

'^Advertisement"“Advertisement” means the attempt byxby, dissemination, solicitation, or circulation to induce directly or indirectly induce any person to enter into any obligation or acquire any title or interest in land offered for sale or leaseT-lease, to the public in this state.

Section 551.6, Code 2021, is amended to read as ffollows: o l l o w s :

5551.6 1Enforcement. .E n f o r c e m e n t .

It shall be the duty of the county attorneys, in their counties, and the attorney general, to enforce the provisions of sections 551.1 to , 551.2, 551.4, and 551.5, inclusive^inclusive, by appropriate actions in courts of competent jurisdiction.

Section 556E.6, Code 2021, is amended to read as ffollows: o l l o w s :

In any test for the ascertainment of the fineness of any such article mentioned in this and sections 556E.3 -toto through 556E.5y556E.5, inclusive, according to the foregoing standards, the part of the article taken for the test shall be such portion as does not contain or have attached thereto any solder or alloy of inferior metal used for brazing or uniting the parts of such article, and provided further and in addition to the foregoing test and standards, that the actual fineness of the entire quantity of metal purporting to be silver contained in any article mentioned in sections 556E.3 to through 556E.5t-556E.5, inclusivo,inclusive, including all solder or alloy of inferior fineness used for brazing or uniting the parts of any such article, all such silver, alloy, or solder being assayed as one piece, shall not be less by more than ten one-thousandths parts than the fineness indicated according to the foregoing standards.standards, House File 699, p.

House File 699, p.

Section 557C.2, Code 2021, is amended to read as ffollows: o l l o w s :

As used in this chapter, unless the context otherwise requires-F—'^book"t}_requires, 1.“book”,:

'^Book1. "^record'', or "^schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 4 5 .

1“Book”, .“list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.

A '^mineral“mineral "^Mineral“Mineral interest in coal"coal” means an interest created by an instrument which creates or transfers either by grant, assignment, reservation, or otherwise, an interest of any kind in coal, as described in chapter 207, without limitation on the manner of mining the coal.

Section 573.6, Code 2021, is amended to read as ffollows: o l l o w s :

The following provisions shall be held to be a part of every bond given for the performance of a contract for the construction of a public improvement, whether said provisions be inserted in such bond or not, to wit;wit:

1.

3s-2. [ 2] Every surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent w i t h n o t i c e :

House[2] PileEvery 699,surety p.on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice:

52House a-rFile [a]699, Top. any extension of time to the contractor in which to perform the contract.

b-s-52 [b]a. To any change in the plans, specifications, or contract, when such change does not involve an increase of more than twenty percent of the total contract price, and shall then be released only as to such excess increase.

Ot[a] [c]To Thatany noextension provision of thistime bond or of any other contract shall be valid which limits to less than one year from the timecontractor of the acceptance of the work the right to sue on this bond for defects in thewhich quality of the work or material not discovered or known to theperform obligee at the timecontract. such work was accepted.

b.

[b] To any change in the plans, specifications, or contract, when such change does not involve an increase of more than twenty percent of the total contract price, and shall then be released only as to such excess increase.

c.

[c] That no provision of this bond or of any other contract shall be valid which limits to less than one year from the time of the acceptance of the work the right to sue on this bond for defects in the quality of the work or material not discovered or known to the obligee at the time such work was accepted.

Section 588.1, Code 2021, is amended to read as ffollows: o l l o w s :

AAll l l execution ssales a l e s heretofore had wherein the execution officer has failed to endorse on the execution the day and hour when received, the levy, sale, or other act done by virtue thereof, with the date thereof, the dates and amounts of any receipts or payment in satisfaction thereof at the time of the receipt or act done, or has failed to endorse thereon, an exact description of the property levied upon at length with the date of levy, be and the same are hereby legalized and declared to be legal and valid as if all of the provisions of laws as required by sections 11664 -toto through 11668.1 [Code 1930],—both1939], incluaivo.both inclusive, Code 1939, had been in all respects strictly and fully complied with.

Code 1939, had been in all respects strictly and fully complied with.

Section 590.1, Code 2021, is amended to read as ffollows: o l l o w s ;

In all instances prior to January 1, 1964, where executors or administrators have failed to publish notice of their appointment as required by section 3304, Code of 1897, and section 11890, Codes of 1924 to through 1939, inclusive^inclusive, and section 633.46, Codes 1946 to through 1962, inclusiveinclusive, but have published a notice of appointment, such notice of appointment is hereby legalized and shall have the same force and effect as though the same had been published as directed by the court or clerk.

House PileFile 699, p.

Section 592.4, Code 2021, is amended to read as ffollows: o l l o w s ;

The acts of the county auditors of Iowa, in making and recording plats as authorized under sections 922, 923^^923, and 924 of the Code-rCode, of 1897, and sections 6289 to through 6299t-6299, inclusivGyinclusive, of subsequent Codes to and including the Code^Code, of 1939, without first having properly signed or acknowledged the same, and the acts of the county recorders of Iowa in recording such plats, are hereby legalized and the same declared valid and binding the same as though they had in such respects been made and recorded in strict compliance with law.

Section 602.8108, subsection 7, paragraph b, unnumbered paragraph 1, Code 2021, is amended to read as ffollows: o l l o w s ! The moneys in the fund shall be used to enhance the ability of the judicial branch to process cases more quickly and efficiently, to electronically transmit information to state government, local governments, law enforcement agencies, and the public, and to improve public access to the court system.

The moneys in the collection fund mayshall also be used forto anyenhance the ability of the following;judicial branch to process cases more quickly and efficiently, to electronically transmit information to state government, local governments, law enforcement agencies, and the public, and to improve public access to the court system.

The moneys in the collection fund may also be used for any of the following:

Section 621.4, Code 2021, is amended to read as ffollows: o l l o w s :

2621.4 1Dismissal .Dfor ifailure sto mfurnish. i s s a l f o r f a i l u r e t o f u r n i s h .

54 621.1 to through 621.3t—inclusive/621.3, inclusive, shall be dismissed, if a bond is not given in such time as the court allows.

Section 621.5, Code 2021, is amended to read as ffollows: o l l o w s ;

If the plaintiff or any intervenor in an action, after its institution and at any time before its final determination, becomes a nonresident of this state, the plaintiff or intervenor may be required to give security for costs in the manner provided in sections 621.1 to through 621.4, inclusive.

Section 622.10, subsection 3, paragraph e.e, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

Defendant'sDefendant’s counsel shall provide a written notice to plaintiff'splaintiff’s attorney in a manner consistent with the Iowa rules of civil procedure providing for notice of deposition at least ten days prior to any meeting with plaintiff'splaintiff’s physician or surgeon, physician assistant, advanced registered nurse practitioner, or mental health professional.

Plaintiff'sPlaintiff’s attorney has the right to be present at all such meetings, or participate in telephonic communication with the physician or surgeon, physician assistant, advanced registered nurse practitioner, or mental health professional and the attorney for the defendant.

Prior to scheduling any meeting or engaging in any communication with the physician or surgeon, physician assistant, advanced registered nurse practitioner, or mental health professional, the attorney for the defendant shall confer with plaintiff'splaintiff’s attorney to determine a mutually convenient date and time for such meeting or telephonic communication.

Plaintiff'sPlaintiff’s attorney may seek a protective order structuring all communication by making application to the court at any time.

Section 633.402, Code 2021, is amended to read as ffollows: o l l o w s :

3633.402 3Sale .defined.

4SFor purposes of this part, sale of property includes but is not limited to the granting of an easement, the granting of an option, the granting of a lright eof drefusal, eand fthe igranting nor econveyance dof .any other interest, title, or right regarding property.

For purposes of this part, sale of property includes but is not limited to the granting of an easement, the granting of an option, the granting of a right of refusal^ and the granting or conveyance of any other interest, title, or right regarding property.

Section 633.563, subsection 11, , unnumbered paragraph 1, Code 2021, is amended to read as follows:

At or before a hearing on a petition for the appointment of a guardian or conservator or the modification or termination of a guardianship or conservatorship, the court shall order a professional evaluation of the respondent unless one of the following criteria ^are is met:

Section 802.9, Code 2021, is amended to read as ffollows: o l l o w s :

If a defect, error, or irregularity is discovered in any indictment or information which, on motion of either party, ccauses asame uthe sindictment sor ainformation mtto hbe idismissed nor d i c t m ei n f o r m at ob ed i s m i sor e d the prosecution to be set aside or reversed on appeal, a new indictment or information may be found within thirty days after such action notwithstanding the time limitations enumerated in this chapter.

2020 Iowa Acts, chapter 1102, section 16, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

Section 270.1, Code 2020, is amended to read as ffollows: o l l o w s :

The superintendent'ssuperintendent’s salary may include residence in the institution, but no such allowance shall be made except by express contract in advance.

2020 Iowa Acts, chapter 1108, section 2, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

Section 256.16, subsection 1, paragraph c.c, Code 2020, is amended to read as follows:

Code 2020, is amended to read as follows:

Include in the professional education program, preparation that contributes to the education of students with disabilities and students who are gifted and talented, preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, aiidand strategies tthat haddress adifficult tand aviolent dstudent dbehavior dand i f f i c u lv i o l e n t s tb e h a va n dr House File 699, p.

Preparation required under this paragraph must be successfully completed before graduation from the practitioner preparation pprogram. r o g r a m .

DDIVISION III VCODE IEDITOR SIDIRECTIVES IOSec. N C O DE D I T D I R E C T I V E S S e c1 5 0 .C O DE D I TD I R E C T I V E S .

150.

CODE EDITOR DIRECTIVES.

The Code editor is directed to make the following ttransfers: r a n s f e r s :

The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the eenactment nof athis csection. t m e t h i s s e c t i o n .

Sections 101.10, 455B.135, 455B.137, 455B.142, 455B.185, 455B.223, 455B.336, 455B.339, 455B.340, 455B.382, 455H.102, and 459A.501, Code 2021, are amended by striking the word ^^division"“division” and inserting in lieu thereof the word "^subchapter".“subchapter”.

Sections 172D.3, subsection 2, paragraph ^^b",“b”, unnumbered paragraph 1;

172D.3, subsection 2, paragraph "'c",“c”, unnumbered paragraph 1;

172D.3, subsection 2, paragraph ^c",“c”, subparagraphs (1), (2), (3), and (4);