A bill for an act relating to statutory corrections which may adjust language to reflect current practices,...
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HF 573 — A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective date and retroactive applicability provisions.
Last action — Signed by Governor.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 02, 2023. Enacted.
Signed by Governor Kim Reynolds (Republican) on May 03, 2023.
Prognosis
Where this bill stands today.
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Enacted
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
2093 added · 2115 removed2093 line(s) added, 2115 removed.
KMRENLDSHouse OFile FICE573 OF- THEEnrolled GOVERNORHouse AAMGEGGFile GVENOR573 TGVENORAN May,223ACT TheoorbePulaeRELATING SceayofttefowaTO SaeCptlSTATUTORY Desons,Iwa039CORRECTIONS DerM.Sceay,WHICH Ihrbyrnmt:MAY ADJUST LANGUAGE TO REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING PROVISIONS, OR REMOVE AMBIGUITIES, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY PROVISIONS.
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• :uu um I l I IAu luSl ( '1, 1N L • 1 Z A L A S S I' 1 V I1I A ' I!Altl 1 l!ll l llI11 I i11:IUI 1lil:II l l$IUIII11!I I1 tl House File 573 AN ACT RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE TO REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING PROVISIONS, OR REMOVE AMBIGUITIES, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY PROVISIONS.
Each sale made in violation of the provisions hcrcofhereof of this chapter shall be and constitute a separate offense.
House File 573, pp. .
Section 9G.4, Code 2023, iis s amended to read as follows:
9G.4 Land office ——— how kept ——— certified copies.
The documents and records thcrcintherein in the land office shall be subject to inspection by parties having an interest thcrcin,therein, and ccrtificdcertified in the documents and records.
Certified copies thereof of a document or record in the land office, signed by the secretary, with the seal of office attached, shall be deemed presumptive evidence of the facts to which they relate-rrelate, and on.
Upon request they, certified copies of documents or records shall be furnished by the secretary for a reasonable eempensatlencompensation fee.
Section 15E.305, subsection 22, , paragraph aa, , Code 2023, is amended to read as follows:
The maximum amount of tax credits granted to a taxpayer shall not exceed one hundred thousand dollars of the aggregate äneuntamount efof tax e--editscredits authorized.authorized .
Section 15F.403, subsection 2, paragraph aa, , Code 2023, is amended to read as follows:
It shall be the duty of the state board to review and finally pass upon all proposed budget expenditures, tax levies, and tax assessments from which appeal iis s taken and iit t..
The state board shall have power and authority to approve, disapprove, or reduce all such proposed budgets, expenditures, and tax levies so submitted to iit t upon appeal, as herein provided in this chapter;
but in no event may iit t increase such budget, expenditure, tax levies oor r assessments or any item contained therein.
Said The state board shall have authority to adopt rules not inconsistent with the provisions of this chapter, to employ necessary assistants, authorize such expenditures, House File 573, pp. .
Section 27A.1, Code 2023, is amended by adding the following new unnumbered paragraph before subsection 11: :
NEW UNNUMBERED PARAGRAPH.PARAGRAPH .
When the president of the United States has declared a major disaster to exist in the state and upon the governor'sgovernor’s determination that a local government of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, apply to the federal government, on behalf of the local government for a loan, receive and disburse the proceeds of any approved loan to any applicant local government, determine the amount needed by any applicant local government to restore or resume its governmental functions, and certify the same to the federal government;
The governor may recommend to the federal government, based upon the governor'sgovernor’s review, the cancellation of all or any part e--ofor of repayment when, in the first three full fiscal year period following the major disaster, the revenues of the local government are insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character.
Section 34A.8, subsection 22, , paragraph b, Code 2023, is amended to read as follows:
4 service information provided by the local exchange service provider solely for the purposes of providing 911 emergency telephone service or providing related mass notification and emergency messaging services as described in section 29C.17A utilizing only the subscriber'ssubscriber’s information, and local exchange service information shall otherwise be kept confidential.
A person who violates this occtionsection paragraph is guilty of a simple misdemeanor.
Section 43.2, subsection 1, paragraph bb, , Code 2023, is amended to read as follows:
-Political“Political partyparty” ~shallshall mean a party which, at the last preceding general election, cast for its candidate for president of the United States or for governor, as the case may be, at least two percent of the total vote cast for all candidates for that office at that election.
It shall be the responsibility of the state commissioner to determine whether any organization claiming to be a political party qualifies as such under the forcgoingforegoing dcfinitiondefinition this paragraph.
The members of the board shall sign oaidsaid abatractaabstracts and certify to the correctness thcrcofthereof of the abstracts made under section 43.49, and file the oamcsame abstracts with the commissioner.
Section 43.60, unnumbered paragraph 11, , Code 2023, is amended to read as follows:
The county board of supervisors shall also make a separate abstract of the canvass as to the following offices and certify to the samcsame and forthwith forward 1it t- the abstract to the state commissioner, viz..viz.
No A contract, rule, or device whatsocvcrwhatsoever shall not operate House File 573, p.
5 to relieve the employer, in whole or in part, from any liability created by this chapter except as hcrcinherein provided in this chapter.chapter .
Section 85.38, subsection 11, , Code 2023, is amended to read as follows:
The compensation herein provided in this chapter shall be the measure of liability which the employer has assumed for injuries or death that may occur to employees in the employer'semployer’s employment subject to the provisions of this chapter, and it shall not be in anywise reduced by contribution from employees or donations from any source.
Section 85.42, subsection 22, , Code 2023, is amended to read as follows:
A child or children under eighteen years of age, and over said age if physically or mentally incapacitated from earning, whether actually dependent for support or not upon the parent at the time of the parent'sparent’s death.
Show all 394 changed lines (354 more)
A child The terms -child-“child” or children -children`,“children”, as used he-rcinherein in this subsection, shall also include any child or children conceived but not born at the time of the employee'semployee’s injury, and any compensation payable on account of any such child or children shall be paid from the date of their birth.
6 provided by law for the payments thcrcofthereof of compensation by the employer, the employee shall be paid out of the "“Second -ccond Injury fund"Fund” second injury fund created by this subchapter the remainder of such compensation as would be payable for the degree of permanent disability involved after first deducting from suehsuch the remainder the compensable value of the previously lost member or organ.
Any benefits received by any such employee, or to which the employee may be entitled, by reason of such increased disability from any state or federal fund or agency, to which said the employee has not directly contributed, shall be regarded as a credit to any award made against Saidsaid the second injury fund a3as aforc3aid.aforesaid .
All employers as defined by the workers'workers’ compensation law of Iowa and who are engaged in any business or industrial process hcrcinaftcrhereinafter designated and described in this chapter are employers within the provisions of this chaptcrchapter and shall be subject thcrctothereto to this chapter.
Steam heating boilers and unfired steam pressure vessels associated thcrcwiththerewith with steam heating boilers and mobile power boilers used exclusively for agricultural purposes.
89.12 Hearing ——— notice ——— decree.
The general provisions relating to civil practice and procedure as may be applicable, shall govern the proceedings, except as hcrcinherein modified in this chapter.
Section 96.5, subsection 7, paragraph aa, , Code 2023, is amended to read as follows:
When an employer makes a payment or becomes obligated to make a payment to an individual for vacation pay, or for vacation pay allowance, or as pay in lieu of vacation, such payment or amount shall be deemed wages as defined in section 96.1A, subsection 40, and shall be applied as provided in paragraph c“c” - hereof of this subsection 7.
8 position for the same period of time to both the Iowa public employees'employees’ retirement system and any other retirement system in the state which is supported in whole or in part by public contributions or payments.
The state fire marshal shall file with the governor annually, at the time provided by law, a detailed report of the fire marshal'smarshal’s official acts and of the affairs of the fire marshal'smarshal’s office which.which .
Section 123.32, subsection 77, , Code 2023, is amended to read as follows:
An applicant for a retail alcohol license may appeal from the local authority'sauthority’s disapproval of an application for a license or permit to the administrator.
In the appeal the applicant shall be allowed the opportunity to demonstrate in an evidentiary hearing conducted pursuant to chapter 17A that the applicant complies with all of the requirements for holding the license or permit.permit .
The administrator may appoint a member of the division or may request an administrative law judge from the department of inspections and appeals to conduct the evidentiary hearing and to render a proposed decision to approve or disapprove the issuance of the license or permit.permit .
If the administrator determines that the applicant complies with all of the requirements for holding a license or permit,permit , the administrator shall order the issuance of the license eor -Ppermit permit..
If the administrator determines that the applicant does not comply with the requirements for holding a license aPor permit,permit , the administrator shall disapprove the issuance of the license or permit.
Section 123.34, subsection 33, , paragraph c, Code 2023, is amended to read as follows:
The fee for the five-day retail alcohol license is one-eighth of the annual fee for that class of license eor - House File 573, p.
9 permit.permit .
Section 123.39, subsection 33, , Code 2023, is amended to read as follows:
When a retail alcohol license is suspended after a hearing as a result of violations of this chapter by the licensee or the licensee'slicensee’s agents or employees, the premises which were licensed by the license shall not be relicensed for a new applicant until the suspension has terminated or time of suspension has elapsed, or ninety days have elapsed since the commencement of the suspension, whichever occurs first.
However, this section does not prohibit the premises from being relicensed to a new applicant before the suspension has terminated or before the time of suspension has elapsed or before ninety days have elapsed from the commencement of the suspension, if the premises prior to the time of the suspension had been purchased under contract, and the vendor under that contract had exercised the person'sperson’s rights under chapter 656 and sold the property to a different person who is not related to the previous licensee or permittccpermittee by marriage or within the third degree of consanguinity or affinity and if the previous licensee or permittcepermittee does not have a financial interest in the business of the new applicant.
Section 123.46A, subsection 22, , Code 2023, is amended to read as follows:
Deliveries shall be limited to alcoholic beverages authorized by the licensee'slicensee’s license or permit.permit .
Section 123.49, subsection 22, , paragraph a, Code 2023, is amended to read as follows:
Knowingly permit any gambling, except in accordance with chapter 99B, 99D, 99F, or 99G, or knowingly permit solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.permit .
Section 123.50, subsection 22, , Code 2023, is amended to read as follows:
However, if any retail alcohol licensee is convicted of any violation of section 123.49, subsection 22, , paragraph â“a” or -e-,“e”, or any retail alcohol licensee, excluding a special class "B“B” - or class "D-“D” retail alcohol licensee, is convicted of a violation of section 123.49, subsection 22, , paragraph d“d”, -, the retail alcohol license shall be revoked and shall immediately be surrendered by the holder, and the bond, if any, of the license holder shall be forfeited to the division.
Section 123.50, subsection 33, , paragraphs aa, , b, c, and d, Code 2023, are amended to read as follows:
A first violation shall subject the licensee or permittccpermittee to a civil penalty in the amount of five hundred dollars.
Failure to pay the civil penalty as ordered under section 123.39 shall result in automatic suspension of the license eor r- permit for a period of fourteen days.
A second violation within two years shall subject the licensee or permittcc,permittee to a thirty-day suspension and a civil penalty in the amount of one thousand five hundred dollars.
A third violation within three years shall subject the licensee or permittccpermittee to a sixty-day suspension and a civil penalty in the amount of one thousand five hundred dollars.
A fourth violation within three years shall result in revocation of the license or permit.permit .
Section 123.50, subsection 3, paragraph ee, , subparagraphs (2(2) ) and (3), Code 2023, are amended to read as follows:
(2) Suspension shall be limited to the specific license eor r- permit for the premises found in violation.
11 and shall not disqualify a licensee or permittccpermittee from holding a license or permit at a separate location.
Section 123.50, subsection 44, , Code 2023, is amended to read as follows:
In addition to any other penalties imposed under this chapter, the division shall assess a civil penalty up to the amount of five thousand dollars upon a class "E"“E” retail alcohol licensee when the class -E"“E” retail alcohol license is revoked for a violation of section 123.59.
If the county attorney or city attorney for the county or city where the licensed premises is located has reason to believe a public safety nuisance that constitutes a serious threat to the public safety exists, the county attorney or city attorney, or an attorney acting at the direction of the county attorney or city attorney, may file a suit in equity in district court without bond seeking abatement of a public safety nuisance cri3ingarising from occurring at a premises licensed under this chapter pursuant to the requirements of this section.
Section 123.173, subsection 33, , Code 2023, is amended to read as follows:
A class "A“A” - wine permittee shall be required to deliver wine to a retail alcohol licensee, and a retail alcohol licensee shall be required to accept delivery of wine from a class -A“A” - wine permittee, only at the licensed premises of the retail alcohol licensee.
Except as specifically permitted by the division upon good cause shown, delivery or transfer of wine from an unlicensed premises to a licensed retail alcohol licensee'slicensee’s premises, or from one licensed retail alcohol licensee'slicensee’s premises to another licensed retail alcohol licensee'slicensee’s premises, even if there is common ownership of all of the premises by one retail permittccpermittee alcohol licensee, is House File 573, p.
Section 124.204, subsection 22, , paragraphs bv, ci, and ck, Code 2023, are amended to read as follows:
NN-(1-(2-flourophenethyl)piperidin-4-yl)-N-(2- (1fluorophenyl)propionamide (2 flourophenethyl)piperidin 4 yl) -N (2 fluorophcnyl)propionamidc N-(1-(2-fluorophenethyl)piperidin-4- yl)-N-(2-fluorophenyl)propionamide.yl)-N-(2-fluorophenyl)propionamide .
2'-Fluoro2’-Fluoro ortho-fluorofentanyl, 2'-fluoro2’-fluoro 2-fluorofentanyl.
c1.ci.
yl)butyramidcN-(4-methyoxyphenyl)-N-(1-phenethylpiperidin-4- yl)butyramide N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4- yl)butyramide.yl)butyramide .
para-mcthyoxybutyrylpara-methyoxybutyryl fentanyl para-methoxybutyryl fentanyl.fentanyl .
NN-(1-phenethylpiperidin-4-yl)-N-phenylisobutryamide (1 phenethylpiperidin 4 yl) N phcnyliaobutryamidc N- (1-phenethylpiperidin-4-yl)-N-phenylisobutyramide.(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide .
11-(4-methyoxyphenyl)-N-methylpropan-2-amine (41-(4-methoxyphenyl)-N-methylpropan-2-amine mcthyoxyphcnyl). N methylpropan 2 amine 1-(4-methoxyphenyl)-N-methylpropan-2-amine.
Upon the filing of an application pursuant to section 125.75, the clerk shall docket the case and immediately notify a district court judge, a district associate judge, er-magistrateor magistrate who is admitted to the practice of law in this state, who shall review the application and accompanying documentation.
Section 147E.1, subsection 8, paragraph gg, , subparagraph (2), Code 2023, is amended to read as follows:
(2) The commission shall defend any member, officer, executive director, employee, or representative of the House File 573, pp. .
13 commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim iis s made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities;
provided that nothing herein in this compact shall be construed to prohibit that person from retaining the person'sperson’s own counsel;
and provided further, that the actual or alleged act, error, or omission did not result from that person'sperson’s intentional, willful, or wanton misconduct.
Section 147E.1, subsection 111, 1, paragraph aa, , subparagraph (1), Code 2023, iis s amended to read as follows:
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact'scompact’s purposes and intent.
Section 152.1, subsection 77, , paragraphs f and gg, , Code 2023, are amended to read as follows:
Apply to the abilities enumerated iin n paragraphs -7“a” through -C“e” -ofof this subsection 3cicntificscientific principles, including the principle3principles of nursing 3kill3skills and of biological, phy3ica1,physical, and psychosocial 3cienccs.sciences.
g:g.
Under a pharmacist'spharmacist’s order and consistent with this subsection, assist in the administration of immunizations and vaccinations and the utilization of statewide protocols pursuant to section 155A.33B.
Apply to the abilities enumerated iin n paragraphs â"“a” through -f“f” -ofof this subsection scientific principles, including the principles of nursing skills and of biological, physical, and psychosocial sciences.
Section 189A.7, subsection 12, Code 2023, iis s amended to read as follows:
Serve as a representative of the governor for consultation with Baldsaid the secretary of agriculture of the United States under paragraph "c"“c” of section 301 of the federal Meat Inspection Act and paragraph "c"“c” of section 5 of the House File 573, p.
Section 189A.17, subsection 44, , paragraphs c and e, Code 2023, are amended to read as follows:
The district court may, in case of failure or refusal to obey a subpoena issued hcrcinherein under this section to any person, enter an order requiring such person to appear before the secretary or tto o produce documentary evidence if so ordered, or to give evidence concerning the matter iin n question;
and any failure to obey such order oof f the court may be punished by such court as contempt.
The secretary may order testimony tto o be taken by deposition in any proceeding oor r investigation pending under this chapter at any stage oof f such proceeding or investigation.
Such testimony shall be reduced to writing by the person taking the deposition, or under the person'sperson’s direction and shall then be subscribed by the deponent.
Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the secretary as hcrcinherein provided in this section.
Section 206.2, subsection 11, , paragraph a, Code 2023, is amended to read aas s follows:
Section 232.78, subsection 11, , paragraph e, Code 2023, is amended to read as follows:
The application for the order includes a statement of the facts to support the findings specified in paragraphs a“a”, -,“b” b, -,“c”, •c• and "d“d”. -.
Section 232.104, subsection 11, , paragraph a, subparagraph (2), Code 2023, is amended to read as follows:
(2) For an order entered under section 232.102, for which the court has waived reasonable efforts requirements under section 232.102, subsection 12 232.102A, subsection 44, , the House File 573, p.
Section 256.84, subsection 55, , Code 2023, is amended to read as follows:
Any interest earned on these receipts, and revenues generated under subsection 47 66, , shall be retained and may be expended by the division subject to the approval of the board.
Section 257.3, subsection 1, paragraph bb, , Code 2023, is amended to read as follows:
The portion of the payment which is foundation property tax shall be determined by applying the foundation property tax rate to the amount computed under section 427B.19, subsection 3, paragraph -,“a”, as adjusted by section 427B.19, subsection 33, , paragraph d“d”, -, if any adjustment was made.
Section 261.73, subsection 22, , unnumbered paragraph 1, Code 2023, is amended to read as follows:
Section 261.116, subsection 33, , unnumbered paragraph 1, Code 2023, is amended to read as follows:
Section 262.44, subsection 33, , Code 2023, is amended to read as follows:
Construct, equip, furnish, maintain, operate, manage, and control any or all of the buildings, structures, facilities, areas, additions, or improvements hcreinbcforchereinbefore enumerated in this section.
16 interest at such rate or rates, payable semiannually, may mature at such time or times, may be in such form, carry such registration privileges, may be payable at such place or places, may be subject to such terms of redemption prior to maturity with or without premium, if so stated on the face thcrcofthereof of the bonds or notes, and may contain such terms and covenants all as may be provided by the resolution of the board authorizing the issuance of the bonds or notes.
Such bonds or notes shall be executed by the president of the state board of regents and attested by the executive director of the state board of regents, secretary, or other official thereof performing the duties of the executive director of the state board of regents, and the coupons thcrctothereto attached to the bonds or notes shall be executed with the original or facsimile signatures of said president, executive director, secretary, or other official.
Any bonds or notes bearing the signatures of officers in office on the date of the signing thcrcofthereof of the bonds or notes shall be valid and binding for all purposes, notwithstanding that before delivery thereof any or all such persons whose signatures appear thereon shall have ceased to be such officers.
Each such bond or note shall state upon its face the name of the institution on behalf of which it is issued, that it is payable solely and only from the net rents, profits, and income derived from the operation of residence halls or dormitories, including dining and other incidental facilities, at such institution as hcrcinbcforchereinbefore provided in this subchapter,subchapter , and that it does not constitute a charge against the state of Iowa within the meaning or application of any constitutional or statutory limitation or provision.
No taxes, appropriations, or other funds of the state of Iowa may be pledged for or used to pay such bonds or notes or the interest thereon but any such bonds or notes shall be payable solely and only as to both principal and interest from the net rents, profits, and income derived from the operation of residence halls and dormitories, including dining and other incidental facilities therefor, at the institutions of higher learning under the control of the state board of regents as hereinbeforchereinbefore provided in this subchapter, and the sole remedy for any breach or default of the terms of any such bonds or notes or proceedings for their issuance shall be a proceeding either in law or in equity by suit, action or mandamus to enforce and compel performance of the duties required by this subchapter and the terms of the resolution under which such bonds or notes are issued.
The treasurer of the Iowa state university of science and technology is hereby authorized and empowered to receive the grants of money appropriated under the paidsaid Purnell Act.
Section 280.13A, subsection 11, , Code 2023, is amended to read as follows:
An agreement denied by oa governing the organization under this section may be appealed to the state board of education under chapter 290.
Section 282.20, subsection 22, , Code 2023, is amended to read as follows:
Any superintendent or board members responsible for ouchsuch this unlawful act shall each be personally liable teto for payment of a fine e€of in an amount not to exceed one hundred dollars.
Action to recover ouchsuch the penalty or action to enjoin Suchsuch the unlawful act may be instituted by the board of any school district or by a taxpayer in any school district.
Section 306.4, subsections 44, , 5, and 66, , Code 2023, are amended to read as follows:
a,a. Jurisdiction and control over the municipal street system shall be vested in the governing bodies of each municipality;
Jurisdiction and control over the municipal street system shall be vested in the governing bodies of each municipality;
When concurrent jurisdiction is exercised, the department shall consult with the municipal governing body as to the kind and type of construction, reconstruction, repair, and maintenance and the two parties shall enter into agreements with each other as to the division of costs thereof.thereof .
When the two parties cannot initially come to agreement as to the division of costs under this subsection, thcythey the parties shall contract with an organization in this state to provide mediation services.
Jurisdiction and control over the roads and streets in any state park, state institution, or other state land shall be vested in the board, commission, or agency in control of such the park, institution, or other state land;
The parties exercising concurrent jurisdiction may enter into agreements with each other as to the kind, a*dand type, and division of costs of construction, reconstruction, repair, and maintenance and hethe division of eestcosts ,.,reef.thereof.
20 with each other as to the kind, a*dand type, and division of costs of construction, reconstruction, repair, and maintenance aand R4the t4K—divisiondivision of cont3costs thcrcof.thereof .
In the absence of ouchsuch an agreement, the jurisdiction and control of 3uchsuch the road shall remain in the board of supervisors of the county.
Jurisdiction and control over parkways within county parks and conservation areas shall be vested in the county conservation boards within their the boards"boards’ respective counties;
The department may expend moneys available for such roads in the same manner as the department expends such fund3funds moneys on other roads over which the department exercises jurisdiction and control.
The parties exercising concurrent jurisdiction may enter into agreements with each other as to the kind, aedand type, and division of costs of construction, reconstruction, repair, and maintenance and the divi3iondivision of costs thcrcof.thereof.
In the absence of ouchsuch an agreement, the jurisdiction and control of ouchsuch the roads shall remain in the department.
The parties exercising concurrent jurisdiction may enter into agreements with each other as to the kind, aand iid type, and division of costs of construction, reconstruction, repair, and maintenance aand adthe the—divisie..division of costs thereof .
e€—eesbs—In hereefthe .absence of such an agreement, the jurisdiction and control of such the roads shall remain in the board of supervisors of the county.
In the absence of seeh an agreement, the jurisdiction and control of ouch the roads shall remain in the board of supervisors of the county.
306.32 Hearing ——— adjournment.
The board of supervisors shall proceed to a hearing on the objections or assessment of damages of any owner, mortgagee of record, and the actual occupant of such land if any of whom it has acquired jurisdiction, or if there 1be e are owners, mortgagee of record, and the actual occupant of such land if any over whom jurisdiction has not been acquired, the board may adjourn such hearing until a date when jurisdiction will be complete as to all owners.
306.36 Damages on appeal ——— rescission of order.
22 damages as finally determined on appeal 1be, 3c, in the opinion of the board, are excessive, the board may rescind its order establishing such change.
Section 306A.3, subsection 22, , Code 2023, is amended to read as follows:
House File 573, pp. .
Section 309.36, Code 2023, iis s amended to read as follows:
The county engineer'sengineer’s survey shall be on the basis of the permanent improvement of said roads, as to bridge, culvert, tile, and road work.
Section 309.40, Code 2023, iis s amended to read as follows:
All contracts for road oor r bridge construction work and materials for which the county engineer'sengineer’s estimate exceeds fifty thousand dollars, except surfacing materials obtained from local pits or quarries, shall be advertised and let at a public letting.
Section 309.41, subsection 1, Code 2023, iis s amended to read as follows:
Contracts not embraced within the provisions of section 309.40 or 309.40A shall be either advertised and let at a public letting or, where the cost does not exceed the county engineer'sengineer’s estimate, let through informal bid procedure by contacting at least three qualified bidders prior to letting the contract.
Section 321.1, subsection 73, Code 2023, iis s amended to read as follows:
-Solid“Solid tirctire” -“Solid Solid rubber tire"tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
Section 321.18, subsection 4, Code 2023, iis s amended to read as follows:
Any special mobile equipment as hercinherein defined in this chapter.
Section 321.28, Code 2023, iis s amended to read as follows:
SheThe If the owner of a vehicle fails to register the vehicle House File 573, Pp. .
24 under the provisions of this chapter, the treasurer shall withhold the registration of aftytheany the vehicle the owner of which shall have failed-te-registerfailed to register the same under the r_provisions ------ of thiathis chapter,chapter , for any previous period or periods for which iit t appears that registration should have been made, until the fee for ouchsuch prcviouaprevious the period or periods ahallshall be iis s paid.
Any vehicle that was once registered in the state and by removal,removal , but which was removed from and no longer subject to registration in this state, shall, upon being returned to this state and becoming again subject to registration, be again registered again in accordance with section 321.20.
A dealer registered licensed under this chapter 322 shall not be required to register any vehicle owned by the dealer which iis s being held for sale or trade, provided the annual registration fee was not delinquent at the time the vehicle was acquired by the dealer.
When a dealer ceases to hold any vehicle for sale or trade or the vehicle otherwise becomes subject to registration under this chapter the annual registration fee and delinquent annual registration fee, iif f any, shall be due for the registration year.
Section 321.116, Code 2023, iis s amended to read as follows:
For each battery electric motor vehicle subject to an annual registration fee under section 321.109, subsection 11, , paragraph a“a”, -, and operated on the public highways of this state, the owner shall pay an annual battery electric motor vehicle registration fee, which shall be iin n addition to the annual registration fee imposed for the vehicle under section 321.109, subsection 11, , paragraph -a“a”. -.
For purposes of this subsection, 'battery“battery electric motor vehiclevehicle” - means a motor vehicle equipped with electrical drivetrain components and not House File 573, p.
For the period beginning January 11, , 2020, and ending December 31, 2020, sixtysixty-five five dollars.
For the period beginning January 11, , 2021, and ending December 31, 2021, ninetyninety-seven -sevendollars dollar3 and fifty cent3.cents.
On or after January 11, , 2022, one hundred thirty dollars.
For each plug-in hybrid electric motor vehicle subject to an annual registration fee under section 321.109, subsection 1, paragraph a“a”, -, and operated on the public highways of this state, the owner shall pay an annual plug-in hybrid electric motor vehicle registration fee, which shall be in addition to the annual registration fee imposed for the vehicle under section 321.109, subsection 11, , paragraph -a-.“a”.
For purposes of this subsection, plug-in“plug-in hybrid electric motor vehiclevehicle” - means a motor vehicle equipped with electrical drivetrain components, an internal combustion engine, and a battery or other energy storage device that can be recharged by plugging into an electrical outlet or electric vehicle charging station.
The amount of the fee shall be a3as follow3:follows:
L?.a.
For the period beginning January 11, , 2020, and ending December 31, 2020, thirty-two dollars and fifty cents.
FarFor the period beginning January 11, , 2021, and ending December 31, 2021, fortyforty-eight eight dollars and seventyseventy-five five cents.
On or after January 11, , 2022, sixty-five dollars.
In addition to the fee required for a motorcycle under subsection 1, the owner of a motorcycle that is a battery electric.motorelectric motor vehicle or plug-in hybrid electric motor vehicle, as those terms are defined in section 321.116, shall pay an annual electric motorcycle registration fee.
The amount of the fee shall be a3as follows:
c.a.
For the period beginning January 11, , 2020, and ending December 31, 2020, four dollars and fifty cents.
For the period beginning January 11, , 2021, and ending December 31, 2021, Sixsix dollar3dollars and seventyseventy-five five cents.
On or after January 11, , 2022, nine dollars.
Section 321.166, subsection 22, , Code 2023, is amended to read as follows:
Every registration plate issued by the county treasurer shall display the name of the county, including any plate issued pursuant to section 321.34, except Pearl Harbor and purple heart registration plates issued prior to January 11, ,1997; 1997, registration plates iasucd pursuant to section 321.34, subsection 13, paragraph and collegiate, fire fighter, and medal of honor registration plates.
Special truck registration plates shallissued displaypursuant theto wordsection "special".321.34, subsection 13, paragraph “d”;
and collegiate, fire fighter, and medal of honor registration plates.
Special truck registration plates shall display the word “special”.
Unless expressly authorized in this chapter, a local authority shall not enact or enforce any rule or regulation in conflict with the provisions of this chapter unless cxprc3slyexpressly authorized herein.
Section 321.236, unnumbered paragraph 11, , Code 2023, is amended to read as follows:
Local authorities shall have neno pewerpower teto not enact, enforce, or maintain any ordinance, rule, or regulation in any way that is in conflict with, contrary to, or inconsistent with the provisions of this chapter, and no Such.such .
An ordinance, rule, or regulation of Saidsaid that is in conflict with, contrary to, or inconsistent with this chapter that has been or is enacted by local authorities heretofore or hcre-aftcrhereafter enacted shall not House File 573, p.
However, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, the provisions of this chapter shall not be deemed to prevent local authorities, with respect to strectostreets and highways under their jurisdiction and within the rea-sena`,tee—exereise—e€thereasonable pelieeexercise pewer,of the police power, from doing any of the following:
Any or all of such schedules kept as aforc3aidaforesaid provided in sections 327D.66 and 327D.67 shall be immediately produced by such carrier for inspection upon the demand of any person.
No contract of insurance, relief, benefit, or indemnity in case of injury or death, entered into prior to the injury, between the person so injured and such corporation, or any other person or association acting for such corporation, and no acceptance of any such insurance, relief, benefit, or indemnity by the person injured, the person'sperson’s surviving spouse, heirs, or legal representatives after the injury, from such corporation, person, or association, shall constitute any bar or defense to any cause of action brought under the provisions of section 327D.186;
Section 328.1, subsection 11, , unnumbered paragraph 1, Code 2023, is amended to read as follows:
Section 328.36, subsection 22, , Code 2023, is amended by striking the subsection.
Section 329.1, unnumbered paragraph 11, , Code 2023, is amended to read as follows:
28 The following words, terms, and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meaning hcrcinherein given in this section, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires:
Section 331.389, subsection 44, , paragraph c, Code 2023, is amended to read as follows:
Section 331.427, subsection 11, , unnumbered paragraph 1, Code 2023, is amended to read as follows:
Except as otherwise provided by state law, county revenues from taxes and other sources for general county services shall be credited to the general fund of the county, including revenues received under sections 9I.11, 101A.3, 101A.7, 123.36, 123.143,123.143 , 142D.9, 176A.8, 321.105, 321.152, 321G.7, 321I.8, section 331.554, subsection 66, , sections 341A.20, 364.3, 368.21, 423A.7, 428A.8, 433.15, 434.19, 445.57, 453A.35, 458A.21, 483A.12, 533.329, 556B.1, 583.6, 602.8108, 904.908, and 906.17, and the following:
Section 335.10, subsection 11, , Code 2023, is amended to read as follows:
The board of supervisors shall provide for the appointment of a board of adjustment, and in.in .
The exceptions shall be in harmony with lits --a the general purpose and intent and in accordance with the general or specific rules contained in the ordinances or regulations, and.and .
The board of supervisors shall provide that any property owner aggrieved by the action of the board of supervisors in the adoption of ouchsuch the regulations and restrictions may petition the paidsaid board House File 573, pp. .
29 of adjustment dircctdirect to modify regulations and restrictions as applied to suehsuch the aggrieved property owners.
Section 347.32, Code 2023, iis s amended to read as follows:
This chapter does not deprive any hospital of its tax exempt or nonprofit status, except that any portion of hospital property which iis s used for purposes other than nonprofit, health-related purposes shall be subject to property tax as provided for in section 427.1, subsection 114. 4.
WhcnWhen in any propoacdproposed bcncfitcdbenefited watcrwater district, IIf f it is anticipated that the source of water supply will be without the outside of and not under control of any proposed benefited water district, and not undcrunder its control, the board of supervisors shall instruct the engineer who iis s appointed under section 357.6 to make the preliminary design and dummy assessment-rassessment, to also obtain a written statement from the corporation or municipality which controls the proposed source of supply, a statcmcntstatement in writing, outlining the terms upon which water will be furnished to the district-rdistrict, or to the individuals within the district and on what tcrmsterms in cithcreither 2.case.
This2. preliminary proposal from the governing body of the source of supply shall be binding- r and shall be in the nature of an option to purchase water by the district, or the individual individuals within the same district, i f and when the proposed benefited water district shall have eemplet- completes its construction and is ready to use water.
This preliminary proposal from the governing body of the source of supply shall accompanybe binding, and shall be ain partthe nature of an option to purchase water by the engineer'sdistrict, preliminaryor reportthe toindividual individuals within the boardsame ofdistrict, supervisors.if and when the proposed benefited water district shall have completed completes its construction, and is ready to use water.
This proposal shall accompany and be a part of the engineer’s preliminary report to the board of supervisors.
Section 357.9, Code 2023, iis s amended to read as follows:
The compensation of ouchsuch the engineer <)ton appointed under section 357.6 to conduct the preliminary investigation shall be determined by the board of supervisors and may be by percentage House File 573, pp. .
Section 357.11, Code 2023, iis s amended to read as follows:
On receipt of the engineer'sengineer’s report filed under section 357.10,357.10 , the board of supervisors shall give notice in the same manner caas bcforc,before, provided iin n section 357.4 of a hearing on the engineer'sengineer’s tentative design and dummy plat.
On the day set, or within ten days thereafter, the board of supervisors shall approve or disapprove the engineer'sengineer’s plan and proposed assessment.
Section 357.16, Code 2023, iis s amended to read as follows:
If the majority of the votes cast at said the second election be held pursuant to section 357.15 are in favor of said the proposed improvement, the board of supervisors shall again advertise for bids iin n the samcsame manner as bcforcbefore provided under section 357.14.
Section 357.30, Code 2023, iis s amended to read as follows:
When the If a district iis s under the control of trustees, they the trustees are empowered to deal with parties without the district who desire to be taken into the district or to obtain water from the district Theand trustees. shall determine the amount to be assessed against oaid district the territory to be taken in or connected with the district.
The trustees shall determine the amount to be assessed against said district the territory to be taken in or connected with the district.
NeNo If an owner of a lot oor r parcel has paid any assessment to a district, the lot or parcel of land shall not be put out of a the district without the consent of the owner, aftcrafter iit t has House File 573, p.
31 paid any ao3c33mcntassessment to the district.district .
WhcrcWhere If a city is situated wholly or partly within a benefited water district or the source of supply for ouchsuch a benefited water district is a municipal water system, the board of supervisors having jurisdiction of said the benefited water district, at the request of the trustees of sadsaid the benefited water district, may, by proper resolution, convey unto said to the city any and all rights which saisaid that the board of supervisors may have in and to oaidsaid the benefited water district.
Said The conveyance, however, shall not become effective until all existing obligations against oaidsaid the district have been completely and fully discharged and such the conveyance accepted and confirmed by a resolution of the council of oaidsaid that city or of the board of waterworks trustees of said that city, if there be is one, specially passed for ouchsuch that purpose.
Upon acceptance, the district, including the plant and distribution system, as well as all funds and credits, shall become the property of oaidsaid the city and be operated and used by 4t-it the city to the same extent as if acquired under such provisions of law under which said the city is then operating its waterworks.
AlseAlso Upon acceptance by the city, the offices of the trustees as provided in this chapter shall be abolished upon acccptanccacceptance by the city and thcirtheir the duties of the trustees as such shall immediately cease.
The provisions of sections 73A.12 to through 73A.16 and chapter 384 House File 573, p.
Section 358.16, subsection 11, , paragraph cc, , Code 2023, is amended to read as follows:
Nothing contained hcrcinherein in this section shall be construed to authorize or empower such board of trustees to operate a system of waterworks for the purpose of furnishing water to the inhabitants of the district, or to construct, maintain, or operate local municipal sewerage facilities, or to deprive municipalities within the district of their powers to construct and operate sewers for local purposes within their limits.
Section 388.3, subsection 66, , Code 2023, is amended to read as follows:
The provisions of thi3this seetie_section subsections 4 and 5 do not apply to a city with a population of more than two hundred thousand according to the 2020 federal decennial census.
Section 414.1, subsection 1, paragraph cc, , subparagraph (1), Code 2023, is amended to read as follows:
(1) Except whcnwhen as provided in subparagraph (2), when there is a replacement of a preexisting manufactured, modular, or mobile home with any other manufactured, modular, or mobile home containing no more than the original number of dwelling units, or a replacement of a preexisting site-built dwelling unit with a manufactured, modular, or mobile home or site-built dwelling unit, within a manufactured home community or a mobile home park, the city shall not adopt or enforce any ordinance, regulation, or restriction, or impose any conditions on the replacement home, home site upon which the home sits, or the owner'sowner’s property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner'sowner’s lawful nonconforming use that had existed relating to the preexisting home, home site upon which the home sat, or the owner'sowner’s property.
(5) ((a) a)“Real Real property used in a farming businessbusiness” - means all tracts of land and the improvements and structures located on such tracts which are in good faith used primarily for a farming business.
Buildings which are primarily used or House File 573, pp. .
33 intended for human habitation are deemed to be used in a farming business when the building iis s located on or adjacent to the parcel used in the farming business.
Land and the nonresidential improvements and structures located on such land that shall be considered to be used primarily in a farming business include but are not limited to land, improvements, or structures used for the storage oor r maintenance of farm machinery or equipment, for the drying, storage, handling, or preservation of agricultural crops, or for the storage of farm inputs, feed, or manure.
Real property used iin n a farming business shall also include woodland, wasteland, pastureland, and idled land used for the conservation of natural resources including soil and water.
(b) Real property classified as agricultural property for Iowa property tax purposes, except real property described in section 441.21, subsection 112, 2, paragraph a-“a” or -b-,“b”, shall be presumed to be real property used in a farming business.
This However, this presumption iis s rebuttable -byby if the department shows by a preponderance of evidence that the real property did not meet the requirements of subparagraph division (a).
Section 422.7, subsection 13, paragraph dd, , Code 2023, is amended to read as follows:
For a taxpayer who iis s a retired farmer, subtract the net capital gain from the sale of breeding livestock, other than cattle and horses, iif f the livestock is held by the taxpayer for a period of twelve months or more from the date of acquisition;
but only if the taxpayer materially participated in the farming business for five of the eight years preceding the farmer'sfarmer’s retirement or disability and who has sold all or substantially all of the taxpayer'staxpayer’s interest in the farming business by the time the election under this paragraph iis s made.
Section 422.12C, subsection 44, , Code 2023, iis s amended to read as follows:
Married taxpayers who have filed joint federal returns electing to file separate returns must determine the child and dependent care credit under subsection 1 or the early childhood development tax credit under subsection 2 based upon their combined net income and allocate the total credit amount to each spouse in the proportion that each spouse'sspouse’s respective net House File 573, p.
Nonresidents or part-year residents who are married and elect to file separate returns must allocate the Iowa child and dependent care credit under subsection 1 or the early childhood development tax credit under subsection 2 between the spouses in the ratio of each spouse'sspouse’s Iowa source net income to the combined Iowa source net income of the taxpayers.
Section 422.16, subsection 12, paragraph aa, , Code 2023, is amended to read as follows:
In the case of nonresidents having income subject to taxation by Iowa, but not subject to withholding of such tax under subsection 1 or subject to the provisions of section 422.16B, withholding agents shall withhold from such income at the same rate as provided in subsection 11, , and such withholding agents and such nonresidents shall be subject to the provisions of this section, according to the context, except that such withholding agents may be absolved of such requirement to withhold taxes from such nonresident'snonresident’s income upon receipt of a certificate from the department issued in accordance with the provisions of section 422.17, a3as hcrcbyhereby amcndcd.amended .
Section 422.72, subsection 77, , paragraph a, Code 2023, is amended to read as follows:
Notwithstanding subsection 33, , the director shall provide state tax returns and return information in response to a subpoena issued by the court pursuant to rule of criminalcriminalprocedure procedure2.5 -—.ç 2.15 commanding the appearance before the attorney general or an assistant attorney general if the House File 573, p.
Section 423.3, subsection 80, paragraph dd, , Code 2023, is amended to read as follows:
Subject to the limitations in paragraph -C-,“c”, where the owner, contractor, subcontractor, or builder is also a retailer holding a rctailretail sales or use tax permit and transacting retail sales of building materials, supplies, and equipment, the tax shall not be due when materials are withdrawn from inventory for use in construction performed for a designated exempt entity if an exemption certificate is received from such entity.
Section 423.4, subsection 99, , paragraph a, Code 2023, is amended to read as follows:
Section 441.19, subsection 11, , paragraph e, Code 2023, is amended to read as follows:
In the event of a failure of any person required to list property to make a supplemental return on or before the fifteenth day of February of any year when the listing is required, the assessor shall proceed in the listing and assessment of the person'sperson’s property as provided by this chapter.
A failure to make a supplemental return does not relieve a person subject to taxation Shallshall not be relicvcdrelieved of the person'sperson’s obligation to list the person'sperson’s property through €alluEefailure teto make a supplemental return and any roll prepared by the assessor after receiving a supplemental return, or when prepared in accordance with other provisions of this chapter, shall be a valid assessment.
Section 452A.84, subsection 22, , Code 2023, is amended to read as follows:
Section 455B.145, unnumbered paragraph 11, , Code 2023, is amended to read as follows:
Section 461A.35, subsection 11, , Code 2023, is amended to read as follows:
It shall be Except upon the terms, conditions, limitations, and restrictions as set forth by the commission, it is unlawful for any person to use, enjoy the privileges of, destroy, injure, or deface plant life, trees, buildings, or other natural or material property;,--arproperty; to construct or operate for private or commercial purposes any structure;, of to remove any plant life, trees, buildings, sand, gravel, ice, earth, stone, wood, or other natural material-r ;
, or to operateconstruct vehicles-r within the boundaries of any state park, preserve, or streamoperate orfor anyprivate other lands or waterscommercial underpurposes the jurisdiction of the commission for any purposestructure; whatsoever, cxccpt upon the terms, conditions, limitations, and restrictions as sct forth by the commission.
, or to remove any plant life, trees, buildings, sand, gravel, ice, earth, stone, wood, or other natural material, ;
or to operate vehicles, within the boundaries of any state park, preserve, or stream or any other lands or waters under the jurisdiction of the commission for any purpose whatsoever, except upon the terms, conditions, limitations, and restrictions as set forth by the commission.
CaidSaid The hearing under section 461A.63 shall be held not be less than ten days nor more than thirty days from the date of the last publication and shall be held of the notice in the office of the commission or such other place as the commission shall decide.
Section 468.65, subsection 11, , paragraph a, Code 2023, is amended to read as follows:
Any party interested in the said district or the improvement thereof may file objections to said the report made under section 468.101 and submit any evidence tending to show -said jaid that the report should not be accepted.
In case any contractor abandons or fails to proceed diligently and properly with the work before completion, or in case the contractor fails to complete the same work in the time and according to the terms of the contract, the board shall make written demand on the contractor and the contractor'scontractor’s surety to proceed with the work within ten days.
Service of said the demand may be personal, or by certified mail addressed to the contractor and the surety, respectively, at their places of residence or business, as shown by the records in the auditor'sauditor’s office.
468.275 Contents of notice ——— service.
EuchSuch The notice under section 468.274 shall state the time and place, when, and where the boards of the several counties will meet in joint session for the consideration of said the petition and the report of the commissioners and engineer thcrcon,thereon, and.and .
The notice shall in other respects be the same and served in the same time and manner as required when the district is wholly within one county, except that the auditor of each county shall give notice only to the owners, occupants, encumbrancers, and lienholders of the lots and tracts of land embraced within the proposed district in the auditor'sauditor’s own county as shown by the records of such county.
Such cities may issue their funding bonds for the purpose of securing money to pay any assessment against 4it -- the property of the district as provided by law.
After the drainage district has been taken over by the city, it-it the city shall have complete control thcrcofthereof of the district,district , and may use the aamcsame district for any purpose that said the city through its city council deems proper and necessary for the advancement of the city or its health or welfare, and thc.the.
The city shall be responsible for the maintenance and upkeep of said the drainage district only from and after its relinquishment of the district by the board of supervisors to the city.
478.17 Access to lines ——— damages.
39 of the lands and of crops aimall on the lands all damages to the lands or crops caused by entering, using, and occupying the lands for those purposes.
Take“Take” - or -taking-“taking” or attempting“attempting to take`take” or hunt“hunt” is any pursuing, or any hunting, fishing, killing, trapping, snaring, netting, searching for or shooting at, or stalking or lying in wait for any game, animal, bird, or fish protected by the state laws or rules adopted by the commission whether or not such animal be then subsequently captured, killed, or injured.
NeNo Except as otherwise provided, in any one day, a personsperson, except as otherwise provided, shall not ship, carry, or transport in any one day, game, fish, birds, or animals, except fur-bearing animals, in excess of the number the person is legally permitted to be in posscasionpossession of such a person possess.
Section 4ß1A.89,481A.89, Code 2023, is amended to read as follows:
Upon application, which shall be filed with the commission within ten days after the close of the open season, any person may be permitted to hold hides or skins of fur-bearing animals lawfully taken for a longer time than specified abeveabove in section 481A.87.481A.87 .
Section 483A.7, subsection 55, , Code 2023, is amended to read as follows:
Section 496C.21, subsection 33, , Code 2023, is amended to read as follows:
Section 514C.18, subsection 22, , paragraph a, unnumbered paragraph 11, , Code 2023, is amended to read as follows:
This section applies to the following classes of third-party payment provider contracts or policies that are delivered, issued for delivery, continued, or renewed in this state on or aftcrafter July 1, 1090.1999:
doncNone of the The provisions of section 515.12, subsection 55, , shall not apply to any company hcrctoforcheretofore that had organized and was approved by the commissioner of insurance, but which had not completed its organization on May 28, 1937, nor shall 3cction.section .
Section 515.12, subsection 5, also shall not apply to any company alrc-adyalready licensed to issue policies prior to May 28, 1937.
If the guaranty capital is thus impaired, the directors may restore the whole, or any part of the capital, by assessment on the corporation'scorporation’s policyholders as provided for in section 515.18.
Due notice of the proposed action on the part of the corporation shall be included in the notice given to policyholders and shareholders of any annual or special meeting and notice of the meeting shall also be given in accordance with the corporation'scorporation’s articles of incorporation.
ThcacThese 7.
515.134 Failure to attach ——— effect.
The—emssienThe se—tomission --deso to do shall net—rendernot lrender eythe in-_l_d,policy invalid, but if If any company or association neglects to comply with the requirements of section 515.133, the omission shall not render the policy invalid, but the company or association shall forever be precluded from pleading, alleging, e•or proving ary-stirany such or establishing the falsity of the application or representations, or any part thcrcof,thereof, or falsity thcrcof,thereof, or any parts thcrcofthereof of the application or representations, in any action upon the policy, and the.
The plaintiff in any such action shall not be required, in order to recover against the company or association, either to plead or prove sirsuch the application or representation, but may do so at the plaintiff'splaintiff’s option.
Any person, insurer, or rating organization to which the commissioner has directed an order made without a hearing may, within thirty days after receipt of the notice to it of ouchsuch the order, make written request to the commissioner for a hearing thcrconthereon on the order.
The commissioner shall hcarhear ouchsuch party or particsparties conduct a hearing within twenty days after receipt of seehsuch the request and shall give not less than ten days'days’ written notice of the time and place of the hearing.
Within fifteen days after ouchsuch the hearing the commissioner shall affirm, reverse, or modify the previous action, House File 573, pp. .
43 specifying the commissioner'scommissioner’s reasons therefor.
rcndingPending such hearing and dcciaiondecision thcrconthereon the The commissioner may suspend or postpone the effective date of the commissioner'scommissioner’s previous action until after the hearing and decision.decision .
Section 516A.1, subsection 22, , Code 2023, is amended to read as follows:
However, the named insured may reject all of such coverage, or reject the uninsured motor vehicle -F( or hit-and-run motor vehicle+vehicle) coverage, or reject the underinsured motor vehicle coverage, by written rejections signed by the named insured.
If rejection is made on a form or document furnished by an insurance company or insurance producer, iit t shall be on a separate sheet of paper which contains only the rejection and information directly related to iit. t.
Such coverage need not be provided in or supplemental to a renewal policy iif f the named insured has rejected the coverage in connection with a policy previously issued to the named insured by the same insurer.
Section 521A.2, subsection 4, Code 2023, iis s amended to read as follows:
Investments in common stock, preferred stock, debt obligations or other securities of subsidiaries made pursuant to subsection 3 of this section hcrcofhereof shall not be subject to any of the otherwise applicable restrictions or prohibitions contained in the Code applicable to such investments of insurers.
Section 521A.3, subsection 2, paragraph aa, , unnumbered paragraph 11, , Code 2023, is amended to read as follows:
The statement to be filed with the commissioner hcrcundcrhereunder under this section shall be made under oath or affirmation and shall contain the following:
Section 521A.4, subsection 8, Code 2023, iis s amended to read as follows:
The commissioner may require or allow two or more affiliated insurers subject to registration hcrcundcrhereunder under subsection 1 of this section to file a consolidated registration statement or consolidated reports amending their consolidated registration statement or their individual registration statements.
521A.9 Injunctions ——— prohibitions against voting securities ——— sequestration of voting securities.
Whenever it appears to the commissioner that any insurer or any director, officer, employee, or agent thereof has committed or is about to commit a violation of this chapter or any rule, regulation, or order issued by the commissioner hcrcundcrhereunder under this chapter, the commissioner may apply to the district court of the county in which the principal office of the insurer is located or if such insurer has no such office in this state then to the district court of Polk county for an order enjoining such insurer or such director, officer, employee, or agent thereof from violating or continuing to violate this chapter or any such rule, regulation, or order, and for such other equitable relief as the nature of the case and the interests of the insurer'sinsurer’s policyholders, creditors, and shareholders or the public may require.
Voting of securities ——— when prohibited.
No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this chapter or of any rule, regulation, or order issued by the commissioner hcrcundcrhereunder under this chapter may be voted at any shareholders'shareholders’ meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding;
If any insurer or the commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this chapter or of any rule, regulation, or order issued by the commissioner hcrcundcrhereunder under this chapter the insurer or the commissioner may apply to the district court of Polk county or to the district court for the county in which the insurer has its principal place of business to enjoin any House File 573, p.
45 offer, request, invitation, agreement, or acquisition made in contravention of section 521A.3 or any rule, regulation, or order issued by the commissioner `hereundepthereunder under section 521A.3 to enjoin the voting of any security so acquired, to void any vote of such security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurer'sinsurer’s policyholders, creditors, and shareholders or the public may require.
In any case where a person has acquired or is proposing to acquire any voting securities in violation of this chapter or any rule, regulation, or order issued by the commissioner hercundcrhereunder under this chapter,chapter , the district court of Polk county or the district court for the county in which the insurer has its principal place of business may, on such notice as the court deems appropriate, upon the application of the insurer or the commissioner seize or sequester any voting securities of the insurer owned directly or indirectly by such person, and issue such orders with respect thereto as may be appropriate to effectuate the provisions of this chapter.
Section 523A.501, subsection 11, , Code 2023, is amended to read as follows:
A person shall not advertise, sell, promote, or offer to furnish cemetery merchandise, funeral merchandise, funeral services, or a combination thereof when performance or delivery may be more than one hundred twenty days following the initial payment on the account without unless the person has a preneed seller'sseller’s license.
Section 524.228, subsection 11, , Code 2023, is amended to read as follows:
46 bank, or is likely to seriously weaken the condition of the state bank or otherwise seriously prejudice the interests of its depositors prior to the completion of the proceedings conducted pursuant to section 524.223, 524.606, subsection 2, or 524.707, subsection 22, , the superintendent may issue an emergency order requiring the state bank, director, officer, employee, or substantial shareholder to cease and desist from any such practice or act, and to take affirmative action, including suspension of the director, officer, or employee to prevent such insolvency, dissipation, condition, or prejudice pending completion of the proceedings.
The emergency order becomes effective upon service upon the state bank, or upon the director, officer, employee, or substantial shareholder of the state bank and, unlC33.unless .
Unless set aside, limited, or suspended by a court as provided in this chapter, the emergency order remains effective and enforceable pending the completion of the administrative proceedings pursuant to the emergency order and until such time as the superintendent dismisses the charges specified in the emergency order, or, if.if .
A shareholder, or the shareholder'sshareholder’s agent or attorney, is entitled on written demand to inspect the list at any time during usual business hours and at the ohareholdcrs"shareholders’ shareholder'sshareholder’s expense, during the period it is available for inspection.
Section 524.1301, unnumbered paragraph 11, , Code 2023, is amended to read as follows:
A majority of the incorporators, organizers, or initial directors of a state bank that has not issued shares or has not commenced business may dissolve the state bank by delivering articles of dissolution to the superintendent, together with the applicable filing fees,fees , for filing with the secretary of state that set forth all of the following:
524.1404 Procedure after approval by the superintendent ——— issuance of certificate of merger.
If the final approval of the agency is not given within six months of the superintendent'ssuperintendent’s approval, the superintendent shall notify the parties to the plan of merger that the approval of the superintendent has been rescinded for that reason.
If such agency gives its approval, the superintendent shall deliver the articles of merger, with the superintendent'ssuperintendent’s approval indicated on the articles, to the secretary of state, and shall notify the parties to the plan of merger.
On the date upon which the merger is effective, the secretary of state shall issue and send a certificate of merger and send the samcsame to the resulting state bank and send a copy of the certificate of merger to the superintendent.
Section 524.1504, subsection 11, , paragraph f, Code 2023, is amended to read as follows:
The number of shares or member votes voted for and against such amendment, respectively, and if the shares of any class are entitled to vote thcrconthereon on the amendment as a class, the number of shares of each such class voted for and against such amendment.
Any person violating the cfprovisions of section 524.211, subsection 1, shall be guilty of a fraudulent practice, and shall be subject to a further fine of a sum equal to the amount of the value of the property given or received or the money so loaned or borrowed.
An employee of the division of banking convicted of a violation of auchsuch section 524.211, subsection 11, , shall be immediately discharged from employment and shall be forever disqualified from holding any position in the banking House File 573, p.
Any examiner violating the provi3ionprovision of section 524.212 shall be guilty of a serious misdemeanor.
The superintendent is hereby authorized and empowered to adopt such reasonable and relevant rules pursuant to chapter 17A as may be necessary for the execution and the enforcement of the provisions of this chapter,,.chapter, .
Rules adopted shall be in addition hereto to and not inconsistent herewith with the requirements of this chapter.
Section 536.26, subsection 55, , Code 2023, is amended to read as follows:
No licensee shall decline new or existing insurance which meets the standards set out hcrcinherein in this section nor prevent any obligor from obtaining such insurance coverage from other sources.
With respect to a supervised loan in which the rate of finance charge is in excess of fifteen percent computed according to the actuarial method, and the amount financed is two thousand dollars or less, a lender m&ymay shall not contract for a security interest in real property used as a residence for the consumer or the consumer'sconsumer’s dependents.
The real estate commission shall, upon request of the applicant as provided in section 543B.19, or before revoking House File 573, pp. .
49 any license, set the matter down for a hearing and at.at .
At least twenty days prior to the date set for the hearing -iit, t, the commission shall notify send a written notice to the applicant or licensee iin n writing, which Saidsaid noticcnotice shall contain containing an exact statement of the charges made and the date and place of the hearing.
The At the hearing, an applicant or licensee at all such hcaringshearings shall have the opportunity to be heard in person and by counsel in rcfcrcnccreference thcrcto.thereto.
Such The written notice of hearing may be served by delivery personally to the applicant oor r licensee or by mailing the oamcsame notice by certified mail to the last known business address of such applicant or licensee.
If such applicant or licensee 1be •e is a salesperson, the commission shall also notify the broker employing the salesperson, or into whose employ the salesperson is about to enter, by mailing such notice by certified mail to the broker'sbroker’s last known business address.
The hearing on suehsuch the charges shall be at such time and place as the commission shall prescribe.
Section 543B.44, Code 2023, iis s amended to read as follows:
The real estate commission may refer a complaint for violation of section 543B.1 before any court of competent jurisdiction, and iit t..
The commission may also take the necessary legal steps through the proper legal officers of this state to enforce the provisions hcrcofhereof of and collect the penalties hcrcinherein provided iin n this chapter.
suehsuch assignment shall have the ssame fleforce fefeaand neffect das a deed of conveyance and shall be conclusively presumed to carr-ycarry all right, titic,title, and intcre3tinterest of the patcntccpatentee of Saidsaid real c3tatc,estate, the samcsame as though a decddeed of eenveyaneeconveyance had been subsequently-emeeuted—bysubsequently executed by the patentee „or -assignor a33ignor to a 3ubscqucntsubsequent grantor.grantor .
If there is noncompliance by the tenant with section 562B.18 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the mobile home space, and cause the work to be done in a skillful manner aid.and .
633.220 Afterborn heirs ——— time of determining relationship.
Heirs of an intestate, egot-cnbegotten conceived before but born after the intestate'sintestate’s death but born thcreaftcr,thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived the intestate.
51 A will probated in any other state or country shall be admitted to probate in this state upon the production of a copy thcrcofthereof of the will and of the original record of probates.probate,.
The will and record of probate must be authenticated by the certificate of the clerk of the court in which ouchsuch probation wa3was madcmade the will was probated, or, if there be is no clerk, then by the certificate of the judge of suebsuch the court, and by the seal of office of suehsuch that officer if the officer or office has a seal.
639.48 Perishable property ——— examination.
When the sheriff thinks the property attached is in danger of serious and immediate waste and decay, or when the keeping of the oamcsame property will necessarily be attended with such expense as greatly to depreciate the amount of proceeds to be realized therefrom, or when the plaintiff makes an affidavit to that effect, the sheriff may summon three persons having the qualifications of jurors to examine the same property.
Section 659A.3, subsection 22, , unnumbered paragraph 1, Code 2023, is amended to read as follows:
Except as otherwise provided in section 659A.4, a depicted individual who is identifiable and who suffers harm from a person'sperson’s intentional disclosure or threatened disclosure, without the depicted individual'sindividual’s consent, of an intimate image that was private without the depicted individual'sindividual’s con3cntconsent has a cause of action against the person, if the person knew, or acted with reckless disregard regarding, all of the following:
Violation of a no-contact order entered for the offense or alleged offense of domestic abuse assault in violation of section 708.2A-r708.2A, or for the offense or alleged offense of older individual assault in violation of section 708.2D, or a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915 constitutes a public offense and is punishable as a simple misdemeanor.
Alternatively, the court may hold a person in contempt of court for such a violation, as provided in subsection 33. .
Section 692A.128, subsection 33, , paragraph f, Code 2023, is amended to read as follows:
(1) A tier I offender must not have been convicted of any criminal offcnacoffense other than a simple mi3demc-anor,misdemeanor, or a 3implcsimple or serious misdemeanor or traffic violation under chapter 321, for the tcnten-year -year period immediately-pr-eeedingtheimmediately preceding the filing efof the application.
2)(2) MA itier eII ror 11 eF tier !I!III effendeFoffender shall netnot have been convicted of aFryany criminal offcnacoffense other than a 3implcsimple misdemeanor, or a simple or serious misdemeanor or traffic violation under chapter 321, for the fifteenfifteen-year year period immediately preeedingpreceding the filing of the application.
Section 692A.128, subsection 33, , Code 2023, is amended by adding the following new paragraphs:
NEW PARAGRAPH.PARAGRAPH .
NEW PARAGRAPH.PARAGRAPH .
h.
Except as otherwise provided in subsection 22, , on a second offense of older individual assault, a person commits:
Use or provide a patient with human reproductive material for assisted reproduction that is not used or provided with the donor'sdonor’s consent or in a manner or to an extent other than that to which the donor consented.
If a person is convicted eor r-of,of, receives a deferred House File 573, p.
Section 815.7, subsection 66, , Code 2023, is amended to read as follows:
For appointments made on or after July 11, , 2021, through June 30, 2022, the reasonable compensation shall be calculated on the basis of seventy-six dollars - per hour for class A“A” felonies, seventy-one dollars per hour for class "B“B” - felonies, and sixty-six dollars per hour for all other cases.
2022 Iowa Acts, chapter 1050, section 11, , is amended by striking the section and inserting in lieu thereof the following:
Section 511.8, subsection 22, paragraph b, subparagraph (2), unnumbered paragraph 11, , Code 2022, is amended to read as follows:
Be between an insurer and a conduit and be collateralized by cash or obligations which are eligible under subsection 1, 2, 3, 5, 19, or 24, are deposited with a custodian bank as defined in subsection 21, and are held under a written agreement with the custodian bank that complies with subsection 21 and provides for the proceeds of the collateral, subject to the terms and conditions of the applicable collateral or other credit support agreement, to be remitted to the legal reserve deposit of the company or association and to vest in the state in accordance with section 508.18 whenever proceedings under that section are instituted.
Paragraphs -C-,“c”, -d-,“d”, and -e-“e” of this subsection are not applicable to investments in financial instruments used in hedging transactions eligible pursuant to this subparagraph.
As used in this subparagraph, -conduit“conduit” means a person within an insurersinsurer’s insurance holding company system, as defined in section 521A.1, oub3cctionsubsection 77, , which aggregates hedging transactions by other persons within the insurance holding company system and replicates them with counterparties.
The following apply retroactively to July 11, , 2022:
The following applies retroactively to January 11, , 2023:
dz______________________________ l______________________________ t PAT GRASSLEY / AMY SINC&AIRSINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 573, Ninetieth General Assembly.
Approved______________________________ 3'MEGHAN ,NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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Action History
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Signed by Governor.
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Reported correctly enrolled, signed by Speaker and President, and sent to Governor.
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Message from Senate.
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Immediate message.
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Passed Senate, yeas 50, nays 0.
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Substituted for SF 364.
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Placed on calendar under unfinished business.
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Read first time, attached to SF 364.
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Message from House.
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Immediate message.
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Passed House, yeas 96, nays 0.
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Introduced, placed on calendar.
Sponsors
- COMMITTEE ON JUDICIARY · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 149 not signed on
Sponsors (1)
- COMMITTEE ON JUDICIARY
Co-sponsors (0)
None.
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"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.
Subjects
Frequently asked questions
- Who sponsors HF 573?
- HF 573 is sponsored by COMMITTEE ON JUDICIARY.
- What is the current status of HF 573?
- This bill has been enacted into law. Introduced March 02, 2023. Enacted.
- Where can I track HF 573?
- Track HF 573 free on One Click Politics — get push/email alerts when it moves.
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