HF 2536 — 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. (Formerly HSB 692.) Effective date: 06/17/2020, 07/01/2020. Applicability date: 07/01/2019.

The commissioner and state commissioner of elections shall not distribute or authorize the distribution of sample ballots to voters other than as provided in sections 43.30, 49.53, and HF52.29. 2536 (3) 88 -11- lh/ns/md 11/137 H.F.

2536 52.29.

Section 49A.10, subsection 1, Code 2020, is amended toHouse readFile as2536, follows:p.

12 to read as follows:

In the suit, the district court shall have jurisdiction to determine the validity, legality, or constitutionality of said the amendment and enter its decree accordingly, and.and .

The court may grant a writ of injunction enjoining the governor and state commissioner of HFelections 2536from (3)submitting 88such -12-the lh/ns/mdconstitutional 12/137amendment H.F.to the electorate, if the proposed constitutional amendment shall have been is found to be invalid, illegal, or unconstitutional.

2536 elections from submitting such the constitutional amendment to the electorate, if the proposed constitutional amendment shall have been is found to be invalid, illegal, or unconstitutional.

This subsectionHouse paragraphFile does2536, notp. apply to the county agricultural extension council or the soil and water conservation district commission.

13 subsection paragraph does not apply to the county agricultural extension council or the soil and water conservation district commission.

No A person HFshall 2536not (3)be 88appointed -13-or lh/ns/mdreappointed 13/137to H.F.any board, commission, or council established by the Code, if the effect of that appointment or reappointment would cause the number of members of the board, commission, or council belonging to one political party to be greater than one-half the membership of the board, commission, or council plus one.

2536 shall not be appointed or reappointed to any board, commission, or council established by the Code, if the effect of that appointment or reappointment would cause the number of members of the board, commission, or council belonging to one political party to be greater than one-half the membership of the board, commission, or council plus one.

For subrogation purposes hereunder , any payment made unto an injured employee, the employee’s guardian, parent, next friend, or legal representative, by or on behalf of any third party, or the third party’s principal or agent liable for, connected with, or involved in causing an injury to such employee shall be considered as having been so paid as damages resulting from and because said injury was caused under circumstances creating a legal liability against said third party,House whetherFile such2536, paymentp. be made under a covenant not to sue, compromise settlement, denial of liability or otherwise.

14 party, whether such payment be made under a covenant not to sue, compromise settlement, denial of liability or otherwise.

HFa. 2536 (3) 88 -14- lh/ns/md 14/137 H.F.

2536 a.

HFHouse 2536File (3)2536, 88p. -15- lh/ns/md 15/137 H.F.

253615 The provisions of the workers’ compensation law, so far as applicable, and not inconsistent herewith with this chapter, shall apply in cases of compensable occupational diseases as specified and defined herein in this chapter.

In the administration of the investment of HFmoneys 2536in (3)the 88retirement -16-fund, lh/ns/mdemployees 16/137of H.F.the system and members of the board may travel outside the state for the purpose of meeting with investment firms and consultants and attending conferences and meetings to fulfill their fiduciary House File 2536, p.

253616 moneys in the retirement fund, employees of the system and members of the board may travel outside the state for the purpose of meeting with investment firms and consultants and attending conferences and meetings to fulfill their fiduciary responsibilities.

This travel is not subject to section 8A.512, subsection 22. .

The state and any licensee under this chapter, chapter 99E, or chapter 99F shall not be liable to any person HFfor 2536any (3)claim 88which -17-may lh/ns/mdarise 17/137from H.F.this process.

2536 for any claim which may arise from this process.

Section 99F.1, subsection 14, Code 2020, is amended toHouse readFile as2536, follows:p.

17 to read as follows:

However, the division of criminal investigation may add one additional special agent to the HFnumber 2536of (3)special 88agents -18-specified lh/ns/mdin 18/137this H.F.subparagraph for each excursion gambling boat or gambling structure if at least two gaming enforcement officer full-time equivalent positions are vacant.

2536 number of special agents specified in this subparagraph for each excursion gambling boat or gambling structure if at least two gaming enforcement officer full-time equivalent positions are vacant.

Section 123.36, subsection 5, paragraph c, Code 2020,House isFile amended2536, top. read as follows:

18 2020, is amended to read as follows:

Also, a person engaged in the business of manufacturing beer may sell beer at retail for consumption on or off the premises of the HFmanufacturing 2536facility (3)and, 88notwithstanding -19-any lh/ns/mdother 19/137provision H.F.of this chapter or the fact that a person is the holder of a class “A” beer permit, may be granted not more than one class “B” beer permit as defined in section 123.124 for that purpose regardless of whether that person is also a manufacturer of native distilled spirits pursuant to a class “A” native distilled spirits license or a manufacturer of native wine pursuant to a class “A” wine permit.

2536 manufacturing facility and, notwithstanding any other provision of this chapter or the fact that a person is the holder of a class “A” beer permit, may be granted not more than one class “B” beer permit as defined in section 123.124 for that purpose regardless of whether that person is also a manufacturer of native distilled spirits pursuant to a class “A” native distilled spirits license or a manufacturer of native wine pursuant to a class “A” wine permit.

Unless other penalties are herein provided in this chapter, any person, except a person under legal age, who violates any of the provisions of this chapter, or who makes a false statement concerning any material fact in submitting an application for a permit or license, shall be guilty of a seriousHouse misdemeanor.File 2536, p.

19 serious misdemeanor.

Section 135.42, Code 2020, is amended to read as HFfollows: 2536 (3) 88 -20- lh/ns/md 20/137 H.F.

2536 follows:

The department, after study and in consultation with any advisory committees which may be established pursuant to law, shall promulgate by rule pursuant to chapter 17A uniform methods of financial reporting, including such allocation methods as may be prescribed, by which hospitals and health care facilities shall respectively record their revenues, expenses,House otherFile income,2536, otherp. outlays, assets and liabilities, and units of service, according to functional activity center.

20 expenses, other income, other outlays, assets and liabilities, and units of service, according to functional activity center.

In determining the effective date for reporting requirements, the department shall consider both the immediate need for uniform reporting of information to effectuate the purposes of this subchapter and the administrative and economic difficulties which hospitals and health care facilities may encounter in HFcomplying 2536with (3)the 88uniform -21-financial lh/ns/mdreporting 21/137requirement, H.F.but the effective date shall not be later than January 1, 1980.

2536 complying with the uniform financial reporting requirement, but the effective date shall not be later than January 1, 1980.

Nothing in this chapter shall be construed to interfere with the authority or responsibilities of an agent operating under aHouse validFile durable2536, powerp. of attorney for health care pursuant to chapter 144B or of the powers and duties granted to a guardian pursuant to section 232D.401 or 633.635.

21 a valid durable power of attorney for health care pursuant to chapter 144B or of the powers and duties granted to a guardian pursuant to section 232D.401 or 633.635.

The governor, with the approval of the executive council pursuant to section 8A.413, subsection 3, under the pay plan for exempt positions HFin 2536the (3)executive 88branch -22-of lh/ns/mdgovernment, 22/137shall H.F.set the salary of the executive director.

2536 in the executive branch of government, shall set the salary of the executive director.

The board shall appoint a A full-time executive director shall be appointed as provided under section 135.11B135.11B. .

Such The fund shall be continued from year to year, provided, however, that if there be any balance remaining at the end of the biennium which, in the opinion of the governor, director of the department of management, and secretary of agriculture, is greater than necessary for the proper administration of the inspection and grading program referred to herein in this section, the treasurer of state is hereby authorized on the recommendation and with the approval of the governor, director of the department of management, and secretary of agriculture to transfer to the general fund ofHouse theFile state2536, thatp. portion of such account as they shall deem advisable.

22 of the state that portion of such account as they shall deem advisable.

(3) The compelling of a person who is the owner or custodian of the animal to provide information regarding the movement or relocation of the animal or the vaccination status of the HFanimal 2536or (3)the 88herd -23-where lh/ns/mdthe 23/137animal H.F.originates.

2536 animal or the herd where the animal originates.

Each county, except Pottawattamie, is constituted and established as a “county agricultural extension district” and shall be a public body corporate organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions hereinafter set forth in this chapterchapter. .

and the other.other .

Section 176A.8, subsections 3, 6, 7, 10, and 11, CodeHouse 2020,File are2536, amendedp. to read as follows:

23 Code 2020, are amended to read as follows:

To and shall , at least ninety days prior to the date fixed for the election of council members, appoint a HFnominating 2536committee (3)consisting 88of -24-four lh/ns/mdpersons 24/137who H.F.are not council members and designate the chairperson.

2536 nominating committee consisting of four persons who are not council members and designate the chairperson.

To and shall , as soon as possible following the meeting at which the officers are elected, file in the office of the board of supervisors and of the county treasurer a certificate signed by its the chairperson and secretary of the extension council certifying the names, addresses, and terms of office of each member, and the names and addresses of the officers of the HFextension 2536council (3)with 88the -25-signatures lh/ns/mdof 25/137the H.F.officers affixed House File 2536, p.

253624 extension council with the signatures of the officers affixed thereto, and said to the certificate.

The secretary is authorized and empowered to cancel the registration of any product of commercial fertilizer or soil HFconditioner 2536or (3)license 88or -26-to lh/ns/mdrefuse 26/137to H.F.register any product of commercial fertilizer or soil conditioner or refuse to license any applicant as herein provided, upon satisfactory evidence that the registrant or licensee has used fraudulent or deceptive practices or who has willfully violates violated House File 2536, p.

253625 conditioner or license or to refuse to register any product of commercial fertilizer or soil conditioner or refuse to license any applicant as herein provided, upon satisfactory evidence that the registrant or licensee has used fraudulent or deceptive practices or who has willfully violates violated any provisions of this chapter or any rules and regulations promulgated thereunder:

HFSec. 2536 (3) 88 -27- lh/ns/md 27/137 H.F.

2536 Sec.

Section 218.68, Code 2020, is amended to read as follows:House File 2536, p.

26 follows:

HF222.34 2536Guardianship (3)proceedings. 88 -28- lh/ns/md 28/137 H.F.

2536 222.34 Guardianship proceedings.

provided that in the case of a special unit, the director may direct that the patients’ personal deposit fund be maintained and administered as a part of the fund established, pursuant to sections 226.43 to through 226.46,House byFile the2536, mentalp. health institute where the special unit is located.

27 226.46, by the mental health institute where the special unit is located.

Section 226.31, Code 2020, is amended to read as HFfollows: 2536 (3) 88 -29- lh/ns/md 29/137 H.F.

2536 follows:

(2)House LackFile of2536, compliancep. has resulted in one or more acts of causing serious physical injury to the person’s self or others or an attempt to physically injure the person’s self or others.

28 (2) Lack of compliance has resulted in one or more acts of causing serious physical injury to the person’s self or others or an attempt to physically injure the person’s self or others.

Section 229.38, Code 2020, is amended to read as HFfollows: 2536 (3) 88 -30- lh/ns/md 30/137 H.F.

2536 follows:

When the dispositional hearing is concluded the court shall make the least restrictive disposition appropriate consideringHouse allFile the2536, circumstancesp. of the case.

29 considering all the circumstances of the case.

Nothing contained in sections 232.158 to through 232.165 shall be deemed to affect or modify the other provisions of HFthis 2536chapter (3)or 88of -31-chapter lh/ns/md600. 31/137 H.F.

2536 this chapter or of chapter 600.

Upon completion of a hearing, the department of inspections and appeals shall issue a decision which is subject to review by theHouse departmentFile of2536, humanp. services.

30 the department of human services.

HFJudicial 2536review (3)of 88the -32-decisions lh/ns/mdof 32/137the H.F.department of human services may be sought in accordance with chapter 17A.

2536 Judicial review of the decisions of the department of human services may be sought in accordance with chapter 17A.

Sec.House File 2536, p.

31 Sec.

The HFunit 2536is (3)not 88required -33-to lh/ns/mdintervene 33/137in H.F.actions to provide such services.

2536 unit is not required to intervene in actions to provide such services.

processing and approving applications for grants;House File 2536, p.

32 grants;

Section 261A.24, Code 2020, is amended to read as HFfollows: 2536 (3) 88 -34- lh/ns/md 34/137 H.F.

2536 follows:

Direct the expenditure of all appropriations made to said institutions under the control of the board, and of any other moneys belonging thereto to those institutions, but in no HFevent 2536shall (3)the 88perpetual -35-funds lh/ns/mdof 35/137the H.F.Iowa state university of science and technology, nor the permanent funds of the House File 2536, p.

253633 event shall the perpetual funds of the Iowa state university of science and technology, nor the permanent funds of the state university of Iowa derived under Acts of Congress, be diminished.

HF262.24 2536Reports (3)of 88executive -36-officers. lh/ns/md 36/137 H.F.

2536 262.24 Reports of executive officers.

Such observations and recommendations as in the executiveHouse officer’sFile judgment2536, arep. for the benefit of the institution, and also the .

34 executive officer’s judgment are for the benefit of the institution, and also the .

Such contracts A contract for instruction under section 262.30 shall be in writing and shall extend over a period of not to exceed two years, and aa. .

The title to all real estate so acquired under section 262.36 and the improvements erected thereon on that real estate shall HFbe 2536taken (3)and 88held -37-in lh/ns/mdthe 37/137name H.F.of the state.

2536 be taken and held in the name of the state.

No An obligation created hereunder under this subchapter shall ever never be or nor become a charge against the state of Iowa but all such obligations, including principal and interest,House shallFile be2536, payablep. solely:

35 interest, shall be payable solely:

HFThe 2536title (3)to 88all -38-real lh/ns/mdestate 38/137so H.F.acquired under this subchapter and the improvements erected thereon on that real estate shall be taken and held in the name of the state.

2536 The title to all real estate so acquired under this subchapter and the improvements erected thereon on that real estate shall be taken and held in the name of the state.

NoHouse AnFile obligation2536, createdp. hereunder under this subchapter shall ever never be or nor become a charge against the state of Iowa but all such obligations, including principal and interest, shall be payable solely from any of the following:

36 No An obligation created hereunder under this subchapter shall ever never be or nor become a charge against the state of Iowa but all such obligations, including principal and interest, shall be payable solely from any of the following:

HF1. 2536 (3) 88 -39- lh/ns/md 39/137 H.F.

2536 1.

3.House File 2536, p.

37 3.

or awareness.awareness .

The area education agency board shall furnish educational services and programs as provided in section 273.1, this section, sections 273.3 to 273.9 through 273.8, and chapter 256B to the pupils enrolled in public or nonpublic HFschools 2536located (3)within 88its -40-boundaries lh/ns/mdwhich 40/137are H.F.on the list of accredited schools pursuant to section 256.11.

2536 schools located within its boundaries which are on the list of accredited schools pursuant to section 256.11.

The board shall giveHouse noticeFile of2536, ap. public hearing on the proposed budget by publication in an official county newspaper in each county in the territory of the area education agency in which the principal place of business of a school district that is a part of the area education agency is located.

38 give notice of a public hearing on the proposed budget by publication in an official county newspaper in each county in the territory of the area education agency in which the principal place of business of a school district that is a part of the area education agency is located.

The state board shall review the proposed budget of each area education agency and shall before May 1, either grant approval or return the budget HFwithout 2536approval (3)with 88comments -41-of lh/ns/mdthe 41/137state H.F.board included.

2536 without approval with comments of the state board included.

If a school district’s total enrollment exceeds six hundred pupils, the school district may enter into an agreement with a community college under which the community college may offer, or provide a community college-employed instructor to teach, one of the units in accordance with section 256.11, subsection 5, paragraph “a”, or one of the units in accordance with section 256.11, subsection 5, paragraph “d” or “e”, and if the unit of coursework under the agreement meets the requirements specified in section 257.11, subsection 3, paragraph “b”, subparagraphs (2) through (7), the unit offered shall be deemed to meet the education program requirement for a unit of mathematics or science,House asFile applicable,2536, underp. section 256.11, subsection 5, paragraph “a”, “d”, or “e”.

39 science, as applicable, under section 256.11, subsection 5, paragraph “a”, “d”, or “e”.

HFSec. 2536 (3) 88 -42- lh/ns/md 42/137 H.F.

2536 Sec.

Said The notice of the hearing under section 306.11 shall state the time and place of such hearing, the location of the particularHouse road,File or2536, partp. thereof, or crossing, the vacation and closing of which is to be considered, and such other data as may be deemed pertinent.

40 particular road, or part thereof, or crossing, the vacation and closing of which is to be considered, and such other data as may be deemed pertinent.

HF306.24 2536Conditions. (3) 88 -43- lh/ns/md 43/137 H.F.

2536 306.24 Conditions.

No A city or village street, county or state highway, or other public wayHouse shallFile not2536, bep. opened into or connected with any such HF 2536 (3) 88 -44- lh/ns/md 44/137 H.F.

253641 way shall not be opened into or connected with any such controlled-access facility without the consent and previous approval of the highway authority in the state, county, city or village having jurisdiction over such the controlled-access facility.

In addition to the foregoing meeting the requirements of sections 309.22 through 309.26309.26, , the engineer, when so ordered by the board, shall make written report to the board and shall designate therein in their order of importance the roads which, in the engineer’s judgment, are most urgently in need of HFconstruction. 2536 (3) 88 -45- lh/ns/md 45/137 H.F.

2536 construction.

SaidHouse TheFile engineer’s2536, surveyp. shall show:

42 Said The engineer’s survey shall show:

The appropriation herein provided in this subsection shall be in effect from the effective date of the revised pay plan to the end of the fiscal biennium in which HFit 2536becomes (3)effective. 88 -46- lh/ns/md 46/137 H.F.

2536 it becomes effective.

The director of the department of administrative services shall appoint the auditor of the department who shall give bond in the sum of fifty thousand dollars for the faithful performanceHouse ofFile the2536, auditor’sp. duties.

43 performance of the auditor’s duties.

The laws of this state relating to the construction, reconstruction, or maintenance of the extensions of primary roads in cities, and to the purchase or condemnation of right-of-way therefor for those primary roads, and to the expenditure of primary road funds thereon, shall apply to the roads or streets designated hereunder under this section, the HFsame 2536as (3)though 88said -47-community lh/ns/mdwere 47/137not H.F.so separated from the rest of the state.

2536 same as though said community were not so separated from the rest of the state.

When the temporary primary road detour or temporary primary road haul road, or any portion thereof, is located within the corporate limits of a city, then as to the portion so located, the provisions of section 313.28 as to consultation, designation, restoration, and payment by the department shall apply in like manner to the benefit of the city, and credits thereunder.House File 2536, p.

44 thereunder .

The rules may also provide that a third-party HFtester 2536conduct (3)a 88number -48-of lh/ns/mdskills 48/137test H.F.examinations above the number required under 49 C.F.R.

2536 tester conduct a number of skills test examinations above the number required under 49 C.F.R.

Steady and/orand/ or flashing right-turn red arrow.

Steady and/and/or or flashing right-turn red arrow.

The provisions of sections 321.372 to through 321.377, this section,House andFile sections2536, 321.379p. and 321.380, shall apply to all public and nonpublic schools where children are transported to and from school.

45 section, and sections 321.379 and 321.380, shall apply to all public and nonpublic schools where children are transported to and from school.

HFSec. 2536 (3) 88 -49- lh/ns/md 49/137 H.F.

2536 Sec.

Section 321.481, Code 2020, is amended to read as follows:House File 2536, p.

46 follows:

Section 321.504, Code 2020, is amended to read as HFfollows: 2536 (3) 88 -50- lh/ns/md 50/137 H.F.

2536 follows:

The dismissal of an action after the nonresident has entered a general appearance under the substituted service herein authorized in section 321.498, sections 321.500 through 321.502, and sections 321.504 through 321.510,321.510 , shall bar the recommencement of the same action against the same defendant unless said the recommenced action is accompanied by actual personal service of the original notice of suit on said the defendant in this state.

NeitherHouse theFile report2536, requiredp. by section 321A.4, the action taken by the department pursuant to sections 321A.4 to through 321A.10 and this section, the findings, if any, of the department upon which action is based, nor the security filed as provided in said sections shall be referred to in any way, or be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.

47 Neither the report required by section 321A.4, the action taken by the department pursuant to sections 321A.4 to through 321A.10 and this section, the findings, if any, of the department upon which action is based, nor the security filed as provided in said sections shall be referred to in any way, or be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.

Any person whose license, registration, or nonresident’s operating privilege has been suspended or is about to be suspended or shall become subject to suspension under the HFprovisions 2536of (3)section 88321A.12, -51-this lh/ns/mdsection, 51/137and H.F.sections 321A.14 through 321A.29 may be relieved from the effect of such the judgment as hereinbefore prescribed in said those sections by filing with the department an affidavit stating that at the time of the accident upon which such the judgment has been rendered the affiant was insured, that the insurer is liable to pay such the judgment, and the reason, if known, why such the insurance company has not paid such judgment.

2536 provisions of section 321A.12, this section, and sections 321A.14 through 321A.29 may be relieved from the effect of such the judgment as hereinbefore prescribed in said those sections by filing with the department an affidavit stating that at the time of the accident upon which such the judgment has been rendered the affiant was insured, that the insurer is liable to pay such the judgment, and the reason, if known, why such the insurance company has not paid such judgment.

A license, registration, and nonresident’s operating privilege shall remain suspended under section 321A.13, and shall not be renewed, nor shall any such license or registrationHouse beFile subsequently2536, issuedp. in the name of the person, including any person not previously licensed, until every judgment is satisfied in full or to the extent hereinafter provided in this chapter, or until evidence is provided, to the satisfaction of the department, that the judgment has not been renewed and is no longer enforceable.

A48 registration be subsequently issued in the name of the person, including any person whosenot license,previously registration,licensed, until every judgment is satisfied in full or nonresident’sto operatingthe privilegeextent washereinafter suspendedprovided underin sectionthis 321A.13chapter must, provideor proofuntil evidence is provided, to HFthe 2536satisfaction (3)of 88the -52-department, lh/ns/mdthat 52/137the H.F.judgment has not been renewed and is no longer enforceable.

2536A person whose license, registration, or nonresident’s operating privilege was suspended under section 321A.13 must provide proof to the department of financial responsibility subject to the exemptions stated in sections 321A.13 and 321A.16 prior to obtaining a license, registration, or nonresident’s operating privilege.

If any person shall fail fails to return to the department the license or registration as provided herein in this sectionsection, , the department shall forthwith direct any peace officer to secure possession thereof and to return the sameHouse licenseFile or2536, registrationp. to the department.

49 same license or registration to the department.

HF1. 2536 (3) 88 -53- lh/ns/md 53/137 H.F.

2536 1.

Before the issuance of a dealer’s license, the applicant HFHouse 2536File (3)2536, 88p. -54- lh/ns/md 54/137 H.F.

253650 shall furnish a surety bond executed by the applicant as principal and executed by a corporate surety company licensed and qualified to do business within this state, which bond shall run to the state of Iowa, be in the amount of seventy-five thousand dollars, and be conditioned upon the faithful compliance by the applicant as a dealer with all statutes of this state regulating or applicable to a dealer, and shall indemnify any person dealing or transacting business with the dealer from loss or damage caused by the failure of the dealer to comply with the provisions of chapter 321 and this chapter, including the furnishing of a proper and valid certificate of title to a towable recreational vehicle.

HFf. 2536 (3) 88 -55- lh/ns/md 55/137 H.F.

2536 f.

The costs of the mediation services shall be equally allocated among each party equally amongst the parties.parties .

Sec.House File 2536, p.

51 Sec.

HF330.24 2536No (3)restrictions 88on -56-former lh/ns/mdcommissions. 56/137 H.F.

2536 330.24 No restrictions on former commissions.

3.House File 2536, p.

52 3.

The governing board shall comply with all of the HFfollowing 2536requirements: (3) 88 -57- lh/ns/md 57/137 H.F.

2536 following requirements:

The membership of the governing board shall not include employeesHouse ofFile the2536, departmentp. of human services or an unelected nonelected employee of a county.

53 employees of the department of human services or an unelected nonelected employee of a county.

(4) The membership of the governing board shall also HFconsist 2536of (3)one 88One -58-member lh/ns/mdwho 58/137is H.F.a parent of a child who utilizes children’s behavioral health services or who is an actively involved relatives relative of such children a child.

2536 consist of one One member who is a parent of a child who utilizes children’s behavioral health services or who is an actively involved relatives relative of such children a child.

The governing board shall have a regional children’s advisory committee consisting of parents of children who utilize services or actively involved relatives of such children, a member of the education system, an early childhood advocate, a child welfare advocate, a children’s behavioral health service provider, a member of the juvenile court, a pediatrician,House aFile child2536, carep. provider, a local law enforcement representative, and regional governing board members.

54 pediatrician, a child care provider, a local law enforcement representative, and regional governing board members.

HFFor 2536any (3)and 88all -59-of lh/ns/mdsaid 59/137purposes H.F.the The board of supervisors may divide the county, or any area or areas within the county, into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter;

2536 For any and all of said purposes the The board of supervisors may divide the county, or any area or areas within the county, into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter;

The board of supervisors shall provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this chapter shall provide that the said board of adjustment may, in appropriate cases, and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinances or regulations in harmony with its general purpose andHouse intentFile and2536, inp. accordance with the general or specific rules therein contained in the ordinances or regulations, and provide that any property owner aggrieved by the action of the board of supervisors in the adoption of such regulations and restrictions may petition the said board of adjustment direct to modify regulations and restrictions as applied to such property owners.

55 and intent and in accordance with the general or specific rules therein contained in the ordinances or regulations, and provide that any property owner aggrieved by the action of the board of supervisors in the adoption of such regulations and restrictions may petition the said board of adjustment direct to modify regulations and restrictions as applied to such property owners.

HF335.21 2536Trial (3)to 88court. -60- lh/ns/md 60/137 H.F.

2536 335.21 Trial to court.

The appointed trustees shall hold office until the following general election, at which time their successors shall be elected,House threeFile for2536, ap. term of four years and the remainder for a term of two years, and they shall determine by lot their respective terms, and thereafter their successors shall be elected for regular terms of four years each, except as provided in subsection 3.

56 elected, three for a term of four years and the remainder for a term of two years, and they shall determine by lot their respective terms, and thereafter their successors shall be elected for regular terms of four years each, except as provided in subsection 3.

Section 347.25, subsection 1, Code 2020, is HFamended 2536to (3)read 88as -61-follows: lh/ns/md 61/137 H.F.

2536 amended to read as follows:

Sec.House File 2536, p.

57 Sec.

HFSec. 2536 (3) 88 -62- lh/ns/md 62/137 H.F.

2536 Sec.

Whenever property of the state of Iowa, or any political subdivision thereof, shall be included either wholly or in part within such the water district and shall own the state of Iowa or the political subdivision owns facilities which may be used asHouse aFile part2536, ofp. such water system, the executive council, board of supervisors, or city council, as the case may be, may permit such the use of said the facilities for such consideration and HF 2536 (3) 88 -63- lh/ns/md 63/137 H.F.

253658 as a part of such water system, the executive council, board of supervisors, or city council, as the case may be, may permit such the use of said the facilities for such consideration and on such terms as may be agreed upon with the board of trustees.

HFSec. 2536 (3) 88 -64- lh/ns/md 64/137 H.F.

2536 Sec.

Section 358.30, Code 2020, is amended to read as follows:House File 2536, p.

59 follows:

A sanitary district shall be fairly compensated for losses resulting from annexation by a city.city .

If, at the time fixed for the hearing of said a petition HFfiled 2536under (3)section 88359.14, -65-the lh/ns/mdboard 65/137be H.F.is satisfied that there is a majority in favor of such the change of name, it the board shall make an order granting the same name change, which shall be attested by the auditor, and recorded in the office of the recorder of the county.

2536House filedFile under2536, sectionp. 359.14, the board be is satisfied that there is a majority in favor of such the change of name, it the board shall make an order granting the same name change, which shall be attested by the auditor, and recorded in the office of the recorder of the county.

60 Sec.

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

HF359.33 2536Tax (3)for 88nonowned -66-cemetery. lh/ns/md 66/137 H.F.

2536 359.33 Tax for nonowned cemetery.

1.House File 2536, p.

61 1.

to.to .

HFSec. 2536 (3) 88 -67- lh/ns/md 67/137 H.F.

2536 Sec.

The results of any electionHouse shallFile be2536, canvassedp. by the county board of supervisors and certified by the county commissioner of elections to the mayor and the council of the city for which the election is held.

62 election shall be canvassed by the county board of supervisors and certified by the county commissioner of elections to the mayor and the council of the city for which the election is held.

HFSec. 2536 (3) 88 -68- lh/ns/md 68/137 H.F.

2536 Sec.

Notwithstanding section 21.5, subsection 1, the governing body of a city utility or combined utility system, or a city enterprise or combined city enterprise as defined in section 384.80, by a vote of two-thirds of the members of the body or all of the members present at the meeting, may hold a closed session to discuss marketing and pricing strategies or proprietaryHouse informationFile if2536, itsp. competitive position would be harmed by public disclosure not required of potential or actual competitors, and if no public purpose would be served by such disclosure.

63 proprietary information if its competitive position would be harmed by public disclosure not required of potential or actual competitors, and if no public purpose would be served by such disclosure.

However, in the performance of a joint agreement, the governing body is not subject to statutes generally HFapplicable 2536to (3)public 88contracts, -69-including lh/ns/mdhearings 69/137on H.F.plans, specifications, form of contracts, costs, notice and competitive bidding required under chapter 26 and section 384.103, unless all parties to the joint agreement are cities located within the state of Iowa.

2536 applicable to public contracts, including hearings on plans, specifications, form of contracts, costs, notice and competitive bidding required under chapter 26 and section 384.103, unless all parties to the joint agreement are cities located within the state of Iowa.

It is hereby found and declared that there exist in municipalities of the state slum and blighted areas, as herein definedHouse inFile this2536, chapter,p. which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state;

64 defined in this chapter , which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state;

and that the prevention and elimination of slums and blighted areas is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be HFendangered 2536by (3)areas 88which -70-are lh/ns/mdfocal 70/137centers H.F.of disease, promote juvenile delinquency and consume an excessive proportion of state revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.

2536 endangered by areas which are focal centers of disease, promote juvenile delinquency and consume an excessive proportion of state revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.

Said bonds shall be payable solely from the income and proceeds of the fund and portion of taxes referred to in section 403.19, subsection 2, and revenues and other fundsHouse ofFile the2536, municipalityp. derived from or held in connection with the undertaking and carrying out of urban renewal projects under this chapter.

65 funds of the municipality derived from or held in connection with the undertaking and carrying out of urban renewal projects under this chapter.

HF6. 2536 (3) 88 -71- lh/ns/md 71/137 H.F.

2536 6.

No public official or employee of a municipality, or board orHouse commissionFile thereof,2536, andp. no commissioner or employee of an urban renewal agency, which has been vested by a municipality with urban renewal project powers under section 403.14, shall voluntarily acquire any personal interest, as hereinafter defined described in this section, whether direct or indirect, in any urban renewal project, or in any property included HF 2536 (3) 88 -72- lh/ns/md 72/137 H.F.

253666 or commission thereof, and no commissioner or employee of an urban renewal agency, which has been vested by a municipality with urban renewal project powers under section 403.14, shall voluntarily acquire any personal interest, as hereinafter defined described in this section, whether direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality, or in any contract or proposed contract in connection with such urban renewal project.

and any such official, commissioner, or employee shall not participate in any action by the municipality, or board or commission thereof, or urban renewal agency affecting such property, as the terms of such proscription are hereinafter defined which is proscribed in this sectionsection. .

Sec.House File 2536, p.

67 Sec.

HF2. 2536 (3) 88 -73- lh/ns/md 73/137 H.F.

2536 2.

Property which may be sold at tax sale to any such city shall not be offered at any sale for taxes or special assessments, collectible by such city, while it holds the certificate of purchase thereof or tax deed thereon except that if any special assessment or installment thereof levied by any such city prior to April 22, 1941, shall be or become delinquent after purchase of such property at tax sale by the city, then the property against which the same was levied may be sold therefor only at the first regular tax sale of such city occurring within such a period of time after delinquency that sale for such assessment or installment might lawfully be made at such first regular tax sale.sale .

For the purpose of collecting and realizing on account HFof 2536delinquent (3)taxes 88and -74-special lh/ns/mdassessments 74/137collectible H.F.by it a city as fully and expeditiously as deemed possible in House File 2536, p.

253668 of delinquent taxes and special assessments collectible by it a city as fully and expeditiously as deemed possible in the judgment of its city council, any such city is hereby authorized to settle, compromise, and adjust any general tax, then having been delinquent for a period of two years or more and any special assessment then having been delinquent in whole or as to any installment thereof for a period of two years or more, and, in.in .

whereupon the collector or treasurer and shall make proper entries of such payments on the books of the HFcollector’s 2536or (3)treasurer’s 88office. -75- lh/ns/md 75/137 H.F.

2536 collector’s or treasurer’s office.

Real property sold under the provisions of this chapter, or by virtue of any other power heretofore given, may be redeemed beforeHouse theFile time2536, ofp. redemption expires, as hereinafter provided in this chapter, by payment to the treasurer, collector, or person authorized to receive the same, to payment.

69 before the time of redemption expires, as hereinafter provided in this chapter, by payment to the treasurer, collector, or person authorized to receive the same, to payment.

If the nonresident is reporting on the accrual basis HFit 2536shall (3)apply 88to -76-all lh/ns/mdsuch 76/137income H.F.which first became available to the nonresident so that the nonresident might demand payment thereof regardless of when such income was earned.

2536 it shall apply to all such income which first became available to the nonresident so that the nonresident might demand payment thereof regardless of when such income was earned.

It shall be unlawful for any present or former officer or employee of the state to divulge or to make known in any manner whatever not provided by law to any person the amountHouse orFile source2536, ofp. income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any income return, or to permit any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law;

70 amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any income return, or to permit any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law;

It HFis 2536unlawful (3)for 88a -77-person lh/ns/mdto 77/137whom H.F.any federal tax return or return information, as defined in section 6103(b) of the Internal Revenue Code, is disclosed in a manner unauthorized by subsection 1 of this section to thereafter print or publish in any manner not provided by law any such return or return information.

2536 is unlawful for a person to whom any federal tax return or return information, as defined in section 6103(b) of the Internal Revenue Code, is disclosed in a manner unauthorized by subsection 1 of this section to thereafter print or publish in any manner not provided by law any such return or return information.

The department shall make available to persons required to make personal income tax returns under the provisions of this chapter, and when such income is derived mainly from salaries and wages or from the operation of a business or profession, a form which shall take into consideration the normalHouse deductionsFile and2536, creditsp. allowable to any such taxpayer, and which will permit the computation of the tax payable without requiring the listing of specific deductions and credits.

71 normal deductions and credits allowable to any such taxpayer, and which will permit the computation of the tax payable without requiring the listing of specific deductions and credits.

The department may revise the schedules adopted in connection with such simplified form whenever such revision is necessitated by changes in federal income tax laws, or to maintain the collection of substantially HFthe 2536same (3)amounts 88from -78-taxpayers lh/ns/mdas 78/137would H.F.be received were the specific listing of deductions and credits required.

2536 the same amounts from taxpayers as would be received were the specific listing of deductions and credits required.

and if the director shall conclude that the method of allocation and apportionment theretofore employed is in fact inapplicable andHouse inequitable,File the2536, directorp. shall redetermine the taxable income by such other method of allocation and apportionment as seems best calculated to assign to the state for taxation the portion of the income reasonably attributable to business and sources within the state, not exceeding, however, the amount which would be arrived at by application of the statutory rules for apportionment.

72 and inequitable, the director shall redetermine the taxable income by such other method of allocation and apportionment as seems best calculated to assign to the state for taxation the portion of the income reasonably attributable to business and sources within the state, not exceeding, however, the amount which would be arrived at by application of the statutory rules for apportionment.

All the provisions of sections 422.24 to through 422.27 of HFdivision 2536II, (3)respecting 88payment -79-and lh/ns/mdcollection, 79/137shall H.F.apply in respect to the tax due and payable by a corporation taxable under this division.

2536 division II, respecting payment and collection, shall apply in respect to the tax due and payable by a corporation taxable under this division.

“Transmission equipment” means equipment utilized in the process ofHouse sendingFile information2536, fromp. one location to another location.

73 of sending information from one location to another location.

(2) Additionally, “school infrastructure” includes the payment or retirement of outstanding bonds previously issued for school infrastructure purposes as defined in this HFsubsection, 2536and (3)the 88payment -80-or lh/ns/mdretirement 80/137of H.F.bonds issued under sections 423E.5 and 423F.4.

2536 subsection, and the payment or retirement of bonds issued under sections 423E.5 and 423F.4.

A school district that uses secure an advanced vision forHouse educationFile fund2536, moneysp. for school infrastructure shall comply with the state building code in the absence of a local building code.

74 for education fund moneys for school infrastructure shall comply with the state building code in the absence of a local building code.

The director of revenue shall prescribe the form for the making of a verified statement and designation of homestead, the form for the supporting affidavits required herein, and such other forms as may be necessary for the proper HFadministration 2536of (3)this 88chapter. -81- lh/ns/md 81/137 H.F.

2536 administration of this chapter.

If any railway company shall fail or refuse to obey or conformHouse toFile the2536, rules,p. regulations, method, and requirements so made or prescribed by the director of revenue under the provisions of sections 434.7 to through 434.11 or to make the reports therein provided, the department of revenue shall proceed to assess the property of such railway company HF 2536 (3) 88 -82- lh/ns/md 82/137 H.F.

253675 conform to the rules, regulations, method, and requirements so made or prescribed by the director of revenue under the provisions of sections 434.7 to through 434.11 or to make the reports therein provided, the department of revenue shall proceed to assess the property of such railway company so failing or refusing, according to the best information obtainable, and shall then add to the taxable valuation of such railway company twenty-five percent thereof, which valuation and penalty shall be separately shown, and together shall constitute the assessment for that year.

For purposes of this subsection, “natural gas service” means such service provided by natural gas pipelinesHouse permittedFile pursuant2536, top. chapter 479.

HF76 2536pipelines (3)permitted 88pursuant -83-to lh/ns/mdchapter 83/137479. H.F.

2536 Sec.

In case any person fails or refuses to obey a subpoena so issued, the director may procure an order from the district court in the county where such person resides, or where such person is found, requiring such person to appear for examination and/or HFor 2536to (3)produce 88such -84-books, lh/ns/mdpapers, 84/137and H.F.records as are required in the subpoena.

2536 or to produce such books, papers, and records as are required in the subpoena.

Sec.House File 2536, p.

77 Sec.

provided that such HFanalyses 2536or (3)summaries 88do -85-not lh/ns/mdreveal 85/137any H.F.information otherwise confidential under this section.

2536 analyses or summaries do not reveal any information otherwise confidential under this section.

Any person who violates any provisions of this part 2 of division IV or rules adopted under this part 2, or any order of theHouse departmentFile or2536, directorp. issued pursuant to said this part 2, shall be guilty of a serious misdemeanor and, in addition, the person may be enjoined from continuing such violation.

78 the department or director issued pursuant to said this part 2, shall be guilty of a serious misdemeanor and, in addition, the person may be enjoined from continuing such violation.

Any order issued to enforce section 455D.4A may include a requirement to remove and properly dispose of materials being accumulated speculatively from a HFproperty 2536and (3)impose 88costs -86-and lh/ns/mdpenalties 86/137as H.F.determined by the department by rule.

2536 property and impose costs and penalties as determined by the department by rule.

Sec.House File 2536, p.

79 Sec.

Should the department elect to give notice by personal service, the service may be made by any officer authorized to serve process, or by any agent of the department, in the same manner as is provided by law for the service of original notices in civil actions in the district HFcourt 2536of (3)the 88state. -87- lh/ns/md 87/137 H.F.

2536 court of the state.

461A.77House ProhibitedFile near2536, bordersp. of state.

80 461A.77 Prohibited near borders of state.

Section 468.20, Code 2020, is amended to read as HFfollows: 2536 (3) 88 -88- lh/ns/md 88/137 H.F.

2536 follows:

If the board shall find that such petition complies with the requirements of law in form and substance, and that such improvement would be conducive to the public health, convenience,House welfare,File benefit,2536, orp. utility, and that the cost thereof is not excessive, and no claim shall have been filed for damages, it the board may locate and establish the said district in accordance with the recommendation of the engineer and the report and plans on file;

81 convenience, welfare, benefit, or utility, and that the cost thereof is not excessive, and no claim shall have been filed for damages, it the board may locate and establish the said district in accordance with the recommendation of the engineer and the report and plans on file;

HF2. 2536 (3) 88 -89- lh/ns/md 89/137 H.F.

2536 2.

The foregoing Paragraph “a” shall not be construed to affectHouse anyFile litigation2536, thatp. may be pending at the time this section becomes effective on July 1, 1968, involving the establishment, reestablishment, enlargement, or change in boundaries or any assessments of drainage or levee districts.

82 affect any litigation that may be pending at the time this section becomes effective on July 1, 1968, involving the establishment, reestablishment, enlargement, or change in boundaries or any assessments of drainage or levee districts.

When the establishment of a district, extending into two or more counties, is petitioned for as hereinbefore provided in this part and one or more of such boards fails to take action thereon, the petitioners may cause notice in writing to be served upon the chairperson of each board demanding that action HFbe 2536taken (3)upon 88the -90-petition lh/ns/mdwithin 90/137twenty H.F.days from and after the service of such notice.

2536 be taken upon the petition within twenty days from and after the service of such notice.

468.557House EffectFile of2536, extension.p.

The83 extension468.557 ofEffect the time of paymentextension. of any unpaid assessments or installment or installments thereof, in the manner aforesaid provided in section 468.556, shall in no way impair the lien of said assessments as originally levied or the priority thereof, nor the right, duty, and power of the officers authorized by law to levy, collect, and apply the proceeds thereof to the payment of said drainage refunding HF 2536 (3) 88 -91- lh/ns/md 91/137 H.F.

2536The extension of the time of payment of any unpaid assessments or installment or installments thereof, in the manner aforesaid provided in section 468.556, shall in no way impair the lien of said assessments as originally levied or the priority thereof, nor the right, duty, and power of the officers authorized by law to levy, collect, and apply the proceeds thereof to the payment of said drainage refunding bonds.

The entering A member or chief operating officer who enters into the employ of employment with any common carrier or other public utility or the acquiring of who acquires any stock or other interest in any common carrier orHouse otherFile public2536, utilityp. by such member or chief operating officer after appointment shall disqualify the as a member or chief operating officer to hold shall be disqualified from holding or perform performing the duties of the office.

HF84 2536or (3)other 88public -92-utility lh/ns/mdby 92/137such H.F.member or chief operating officer after appointment shall disqualify the as a member or chief operating officer to hold shall be disqualified from holding or perform performing the duties of the office.

2536 Sec.

All public utilities, except those exempted from rate regulation by section 476.1 and telecommunications service providers registered pursuant to section 476.95A, shall give written notice of a proposed increase of any rate or charge to all affected customers served HFHouse 2536File (3)2536, 88p. -93- lh/ns/md 93/137 H.F.

253685 by the public utility no more than sixty-two days prior to and prior to the time the application for the increase is filed with the board.

If the limited liability company has delivered to the secretary of state for filing a statement of dissolution and HFany 2536of (3)the 88following -94-applies: lh/ns/md 94/137 H.F.

2536(1) anyThe If the statement has not become effective, delivery to the secretary of state for filing of a statement of withdrawal under section 489.205 applicable to the followingstatement applies:House File 2536, p.

(1)86 The If the statement has not become effective, delivery to the secretary of state for filing of a statement of withdrawal under section 489.205 applicable to the statement of dissolution.

NEW PARAGRAPHPARAGRAPH. .

“Delivered or deliver or delivery by electronic means” “Delivered by electronic means” , “deliver by electronic means”, HFor 2536“delivery (3)by 88electronic -95-means” lh/ns/mdmeans 95/137any H.F.of the following:

2536 or “delivery by electronic means” means any of the following:

Until the expiration of the time allowed under section 507B.8 for filing a petition for review if no such petition has been duly filed within such time, or, if a petition for review has been filed within such time, then until the transcript of the record in the proceeding has been filed in the district court,House asFile hereinafter2536, provided,p. the commissioner may at any time, upon such notice and in such manner as the commissioner may deem proper, modify or set aside in whole or in part any order issued by the commissioner under this section.

87 court, as hereinafter provided, the commissioner may at any time, upon such notice and in such manner as the commissioner may deem proper, modify or set aside in whole or in part any order issued by the commissioner under this section.

HF1. 2536 (3) 88 -96- lh/ns/md 96/137 H.F.

2536 1.

and providedHouse further,File that2536, thep. trust or trusts for premiums or considerations may be invested by such company in the manner specified in the trust instruments or agreements and held in a separate or segregated account;

88 provided further, that the trust or trusts for premiums or considerations may be invested by such company in the manner specified in the trust instruments or agreements and held in a separate or segregated account;

For the purpose of carrying out its obligations under HFthis 2536chapter, (3)the 88association -97-shall lh/ns/mdbe 97/137deemed H.F.to be a creditor of the impaired or insolvent insurer to the extent of assets attributable to covered policies or contracts reduced by any amounts to which the association is entitled pursuant to its subrogation rights under section 508C.8, subsection 7.

2536 this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of assets attributable to covered policies or contracts reduced by any amounts to which the association is entitled pursuant to its subrogation rights under section 508C.8, subsection 7.

Section 509A.9, Code 2020, is amended to read as follows:House File 2536, p.

89 follows:

HF1. 2536 (3) 88 -98- lh/ns/md 98/137 H.F.

2536 1.

“Pharmacy benefit benefits manager” means a person who, pursuantHouse toFile a2536, contractp. or other relationship with a health carrier, either directly or through an intermediary, manages a prescription drug benefit provided by the health carrier.

90 pursuant to a contract or other relationship with a health carrier, either directly or through an intermediary, manages a prescription drug benefit provided by the health carrier.

To maintain a net price for a prescription drug for a specified period of time for the pharmacy benefit benefits HFmanager 2536in (3)the 88event -99-the lh/ns/mdpharmaceutical 99/137manufacturer’s H.F.list price increases.

2536 manager in the event the pharmaceutical manufacturer’s list price increases.

f.House File 2536, p.

91 f.

A pharmacy benefit benefits manager shall provide the information pursuant to subsection 1 to the commissioner in a HFformat 2536approved (3)by 88the -100-commissioner lh/ns/mdthat 100/137does H.F.not directly or indirectly disclose any of the following:

2536 format approved by the commissioner that does not directly or indirectly disclose any of the following:

Any person, firm, or corporation violating any of the provisions of section 511.22, or sections 515.8 through 515.10 andand, , or section 515.23 or failing to comply with any of the provisions in those sections, shall be subjected to the penalties provided in sections 507.10 and 507.12.

When the commissioner of insurance is satisfied that all provisions of lawHouse inFile relation2536, top. the promotion and organization of said the corporation, including sections 506.4 to through 506.6, have been complied with, the commissioner shall issue a certificate to that effect, and thereupon such .

The92 corporationlaw mayin thenrelation open books for subscriptions to the stockpromotion ofand stockorganization companiesof or,said ifthe acorporation, mutualincluding company,sections take506.4 applicationsto andthrough receive506.6, premiumshave forbeen insurancecomplied atwith, suchthe timescommissioner andshall placesissue asa itcertificate mayto findthat HFeffect, 2536and (3)thereupon 88such -101-. lh/ns/md 101/137 H.F.

2536The corporation may then open books for subscriptions to the stock of stock companies or, if a mutual company, take applications and receive premiums for insurance at such times and places as it may find convenient, and.and .

Any director, officer, or member of any such mutual company, or any other person, may advance to such company, any sum or sums of money necessary for the purpose of its business, or to enable it to comply with any of the requirements of the law, and such moneys and such interest thereon as may have been agreed upon, not exceeding the maximum statutory rate of interest, shall not be a liability or claim against the company or any of its assets, except as herein provided in this chapter,chapter , and upon approval of the commissioner of insurance may be repaid, but only out of the surplus earnings of such company.

Such commissioner may appoint in writing some disinterested person to make an examination and if it shall be found that the capital or assets herein required under this chapter of the company named, according to the nature of the business proposed to be transacted by such company, have been paid in, and are now possessed by it in money or such stock, bonds, and mortgages as are required by the preceding sections of thisHouse chapter,File the2536, commissionerp. shall so certify;

but93 ifthis thechapter, examination is made by another than the commissioner,commissioner the certificate shall beso bycertify; that person, and under that person’s HF 2536 (3) 88 -102- lh/ns/md 102/137 H.F.

2536but if the examination is made by another than the commissioner, the certificate shall be by that person, and under that person’s oath.

HFAll 2536suits (3)of 88every -103-kind lh/ns/mdand 103/137description H.F.brought against such House File 2536, p.

253694 All suits of every kind and description brought against such the reciprocal exchange, or the subscribers thereto on account of their connection therewith with the reciprocal exchange, must be brought against the attorney in fact therefor or the exchange as such, and shall not be brought against any of the subscribers thereto individually on account of their connection with or membership in such reciprocal exchange, and must be brought in the manner and method above provided in this sectionsection. .

A dividing insurer shall not amend the dividing insurer’s plan of division after the plan of division is approved by the commissioner under section 521I.8.521I.8 .

A dividing insurer shall not abandon the dividing insurer’s plan of division after the plan of division becomes effective under section 521I.10, subsection 22. .

HFSec. 2536 (3) 88 -104- lh/ns/md 104/137 H.F.

2536 Sec.

If a provision of a dividing insurer’s articles of incorporation or bylaws adopted before July 1, 2019, requires that a specific number of or a percentage of the board of directorsHouse orFile shareholders2536, proposep. or adopt a plan of merger or impose other procedures for the proposal or adoption of a plan of merger, the dividing insurer shall adhere to such provision in proposing or adopting a plan of division.

95 directors or shareholders propose or adopt a plan of merger or impose other procedures for the proposal or adoption of a plan of merger, the dividing insurer shall adhere to such provision in proposing or adopting a plan of division.

Notices and correspondence shall be sent to the licensed portable electronics vendor that is the policyholder at the portable electronics vendor’s mailing or electronic mail address specified for that purpose and to its affected enrolled HFconsumers’ 2536last (3)known 88mailing -105-or lh/ns/mdelectronic 105/137mail H.F.addresses on file with the insurer or the portable electronics vendor.

2536 consumers’ last known mailing or electronic mail addresses on file with the insurer or the portable electronics vendor.

Section 523C.7, subsection 2, paragraph a, Code 2020,House isFile amended2536, top. read as follows:

96 2020, is amended to read as follows:

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 has occurred with such frequency, as determined by the commissioner determines,determines , as to indicate the general business practices of the service company.

or if the state bank is organized as a limited liability company HFunder 2536this (3)chapter, 88continue -106-as lh/ns/mda 106/137limited H.F.liability company subject to chapter 489.

2536 under this chapter, continue as a limited liability company subject to chapter 489.

Amounts due to depositors who are unknown, or who are under a disability and there is no person legally competent to receive the amount, or who cannot be found after the exercise of reasonable diligence, shall be transmitted to the treasurer of state in the manner requiredHouse byFile section2536, 524.1305,p. subsection 6.

97 required by section 524.1305, subsection 6.

HF2. 2536 (3) 88 -107- lh/ns/md 107/137 H.F.

2536Prior 2.to the sending of At least fifteen days before notice of balloting for the membership vote on a merger is sent to the members , a merging credit union shall submit to the superintendent all materials to be included in the notice at least fifteen days before the notice is sent to the members.

Prior to the sending of At least fifteen days before notice of balloting for the membership vote on a merger is sent to the members, a merging credit union shall submit to the superintendent all materials to be included in the notice at least fifteen days before the notice is sent to the members .

A director, officer, or employee of a state credit union shall not intentionally publish, disseminate, or distribute any advertising or notice containing any false, misleading, or deceptive statements concerning rates, terms, or conditions on which loans are made, or deposits or share installments areHouse received,File or2536, concerningp. any charge which the state credit union is authorized to impose pursuant to this chapter, or concerning the financial condition of the state credit union.

98 are received, or concerning any charge which the state credit union is authorized to impose pursuant to this chapter, or concerning the financial condition of the state credit union.

that the financial responsibility, experience, character, and general fitness of the applicant, and of HFthe 2536members (3)thereof 88if -108-the lh/ns/mdapplicant 108/137be H.F.a partnership or association, and of the officers and directors thereof if the applicant be a corporation, are such as to warrant the belief that the business will be operated lawfully, honestly, fairly, and efficiently within the purposes of this chapter, and if the superintendent shall find that the applicant has available or actually in use the assets described in section 536.2, the superintendent shall thereupon issue and deliver a license to the applicant to make loans in accordance with the provisions of this chapter at the place of business specified in the said application;

2536 the members thereof if the applicant be a partnership or association, and of the officers and directors thereof if the applicant be a corporation, are such as to warrant the belief that the business will be operated lawfully, honestly, fairly, and efficiently within the purposes of this chapter, and if the superintendent shall find that the applicant has available or actually in use the assets described in section 536.2, the superintendent shall thereupon issue and deliver a license to the applicant to make loans in accordance with the provisions of this chapter at the place of business specified in the said application;

Section 536.11, subsection 1, Code 2020, is amendedHouse toFile read2536, asp. follows:

99 amended to read as follows:

HFSec. 2536 (3) 88 -109- lh/ns/md 109/137 H.F.

2536 Sec.

Section 551A.1, subsection 11, Code 2020, is amendedHouse toFile read2536, asp. follows:

100 amended to read as follows:

“Record” means the same as defined in section 516E.1 523C.1.523C.1 .

An officer having power to take the proof hereinbefore contemplated of execution and delivery of a deed or other instrument under section 558.31 may issue the necessary subpoenas, and compel the attendance of witnesses residing HFwithin 2536the (3)county, 88in -110-the lh/ns/mdmanner 110/137provided H.F.for the taking of depositions.

2536 within the county, in the manner provided for the taking of depositions.

In case the said percentage has been paid over as herein provided in this chapter,chapter , judgment shall be entered against the principal and sureties on all such claims.

b.House File 2536, p.

101 b.

At least seven days before the sale, the HFoperator 2536shall (3)also 88advertise -111-the lh/ns/mdtime, 111/137place, H.F.and terms of the sale in a commercially reasonable manner.

2536 operator shall also advertise the time, place, and terms of the sale in a commercially reasonable manner.

NeitherHouse husbandFile nor2536, wifep. is liable for the debts or liabilities of the other incurred before marriage, and, except HF 2536 (3) 88 -112- lh/ns/md 112/137 H.F.

2536102 Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage, and, except as herein otherwise declared in this chapter, they are not liable for the debts of each other contracted after marriage;

When the commencement of an action shall be stayed by injunction or statutory prohibition, the time of the continuance of such injunction or prohibition shall not be part HFof 2536the (3)time 88limited -113-for lh/ns/mdthe 113/137commencement H.F.of the action, except as herein otherwise provided in this chapter.

2536House ofFile the2536, timep. limited for the commencement of the action, except as herein otherwise provided in this chapter.

103 Sec.

The provisions of sections 614.24 to through 614.27, inclusive, or the filing of a claim or claims, hereunder under HFthis 2536subchapter (3), 88shall -114-not lh/ns/mdrevive 114/137or H.F.permit an action to be brought or maintained upon any claim or cause of action which is barred by any other statute.

2536 this subchapter, shall not revive or permit an action to be brought or maintained upon any claim or cause of action which is barred by any other statute.

Section 622.51, Code 2020, is amended to read as follows:House File 2536, p.

104 follows:

Civil and probate actions not small claims but commenced hereunder HFunder 2536this (3)chapter 88shall -115-be lh/ns/mddismissed 115/137without H.F.prejudice except for defendants who have appeared, as to whom such actions shall be transferred to the combination or probate docket, as appropriate.

2536 under this chapter shall be dismissed without prejudice except for defendants who have appeared, as to whom such actions shall be transferred to the combination or probate docket, as appropriate.

Guardian —— means the person appointed by the court to haveHouse theFile custody2536, ofp. the person of the ward under the provisions of this probate code.

105 have the custody of the person of the ward under the provisions of this probate code.

The fiduciary is subject to all orders entered by the court in the proceedings in which the fiduciary is serving and that notices served upon the fiduciary with respect thereto to the proceedings, that are in compliance with the procedure prescribed by the this probate code, shall have the same force HFand 2536effect (3)as 88if -116-such lh/ns/mdservice 116/137had H.F.been personally made upon the fiduciary within the state.

2536 and effect as if such service had been personally made upon the fiduciary within the state.

The clerk of the court in which is pending the proceedings in which the fiduciary is serving is the lawful attorney or resident agent of such nonresident fiduciary upon whomHouse serviceFile of2536, processp. may be made whether such process be an order of the court entered in the proceedings in which the fiduciary is serving or an original notice of an action arising from or growing out of the fiduciary relationship and activities of the nonresident fiduciary.

106 whom service of process may be made whether such process be an order of the court entered in the proceedings in which the fiduciary is serving or an original notice of an action arising from or growing out of the fiduciary relationship and activities of the nonresident fiduciary.

HF2. 2536 (3) 88 -117- lh/ns/md 117/137 H.F.

2536For 2.the The extent of the liability of the estate, or any part thereof of the estate, or of the fiduciary, for obligations incurred in the continuation of the business;

For the The extent of the liability of the estate, or any part thereof of the estate, or of the fiduciary, for obligations incurred in the continuation of the business;.

andand. .

The fiduciary shall not be personally liable for the acts or omissions of any such specialist, subordinate, or agent, unless it can be shown that said the acts or omissions of the specialist, subordinate, or agent would have been a breach of dutyHouse byFile the2536, fiduciaryp. had the fiduciary personally done it, and that, one of the following applies:

107 duty by the fiduciary had the fiduciary personally done it, and that, one of the following applies:

When any instrument executed in accordance with sections 633.95 to through 633.97, inclusive, is to be recorded in a county other than the county in which the estate is pending, there shall also be recorded a certificate executed by the HFclerk 2536of (3)the 88court -118-making lh/ns/mdthe 118/137appointment, H.F.with seal affixed, showing the name of the court making the appointment, the date of the same, and that such fiduciary had not been discharged at the time of the execution of such instrument.

2536 clerk of the court making the appointment, with seal affixed, showing the name of the court making the appointment, the date of the same, and that such fiduciary had not been discharged at the time of the execution of such instrument.

Every fiduciary shall be chargeable in the fiduciary’s accounts with property not a part of the estate that comes into the fiduciary’s hands at any time, and shall be liable to the persons entitled thereto to the property, if either of the followingHouse appliesFile :2536, p.

108 following applies :

If such objections are filed prior to the admission of the will to probate, the will shall not be admitted to HFprobate 2536pending (3)trial 88and -119-determination lh/ns/mdas 119/137to H.F.whether or not said the instrument is the last will of the decedent.

2536 probate pending trial and determination as to whether or not said the instrument is the last will of the decedent.

Sec.House File 2536, p.

109 Sec.

The creditor and personal representative may determine, by agreement, arbitration, or compromise, the value thereof of the claim, according to its probable present worth, and upon approval thereof by the court, it the contingent claim may be allowed and paid in the same manner as an absolute claim, or.or .

The court may order the personal representative to make distribution of the estate but to retain sufficient funds to HFpay 2536the (3)claim 88if -120-and lh/ns/mdwhen 120/137the H.F.same becomes absolute;

2536but, pay. the claim if and when the same becomes absolute;

but,.

and if such.such .

The court may require such the distributees to give bond for the performance of their liability to the contingent creditor, or.or .

Participation in mediation shall include attendance at aHouse mediationFile session2536, withp. the mediator and the parties to the action, listening to the mediator’s explanation of the mediation process, presentation of one party’s view of the case, and listening to the response of the other party.

Participation110 ina mediation doessession notwith requirethe thatmediator and the parties HFto 2536the (3)action, 88listening -121-to lh/ns/mdthe 121/137mediator’s H.F.explanation of the mediation process, presentation of one party’s view of the case, and listening to the response of the other party.

2536Participation in mediation does not require that the parties reach an agreement.

TheHouse courtFile shall2536, appointp. as guardian or conservator for an HF 2536 (3) 88 -122- lh/ns/md 122/137 H.F.

2536111 The court shall appoint as guardian or conservator for an adult any qualified and suitable person who is willing to serve as guardian or conservator.

Within two days after filing the initial plan, the HFconservator 2536shall (3)give 88notice -123-of lh/ns/mdthe 123/137filing H.F.of the initial plan with a copy of the plan to the protected person, the protected person’s attorney and court advisor visitor, if any, and others House File 2536, p.

2536112 conservator shall give notice of the filing of the initial plan with a copy of the plan to the protected person, the protected person’s attorney and court advisor visitor, if any, and others as directed by the court.

Section 633.675, subsection 2, Code 2020, is HFamended 2536to (3)read 88as -124-follows: lh/ns/md 124/137 H.F.

2536 amended to read as follows:

The court shall terminate a guardianship if it finds by clear and convincing evidence that the basis for appointing a guardian pursuant to section 633.552 is has not satisfied been establishedestablished. .

1.House File 2536, p.

113 1.

Notes or bonds of any corporation HFsecured 2536by (3)a 88first -125-mortgage lh/ns/mdon 125/137improved H.F.real estate located in this or any adjoining state upon which no default in payment of principal or interest shall have occurred within five preceding years provided the aggregate amount of such notes and/or or bonds secured by such first mortgage does not exceed fifty percent of the value of the mortgage property as determined by the fiduciary.

2536 secured by a first mortgage on improved real estate located in this or any adjoining state upon which no default in payment of principal or interest shall have occurred within five preceding years provided the aggregate amount of such notes and/or or bonds secured by such first mortgage does not exceed fifty percent of the value of the mortgage property as determined by the fiduciary.

Bonds of any railroad corporation which are secured by a first lien mortgage or trust deed upon not less than one hundred miles of main track in the United States and which mortgage or trust deed has been outstanding not less thanHouse fifteenFile years2536, andp. upon which bonds issued thereunder there has been no default in the payment of principal and/or or interest since the date of said such trust deed.

114 than fifteen years and upon which bonds issued thereunder there has been no default in the payment of principal and/or or interest since the date of said such trust deed.

“Building” means a building or structure, excluding a mobile home, a modular home, and a manufactured home as defined in section 435.1, unless the mobile home or manufactured home has been converted to real estate pursuant to section 435.26, located in a city or outside the limits of a city in a county, which is used or intended to be used for commercial or industrial purposes or which is used or intended to be used for residential purposes and includes a building or structure in which some floors may be used for retail stores, HFshops, 2536salesrooms, (3)markets, 88or -126-similar lh/ns/mdcommercial 126/137uses, H.F.or for offices, banks, civic administration activities, professional services, or similar business or civic uses, and other floors are used, designed, or intended to be used for residential purposes.

2536 shops, salesrooms, markets, or similar commercial uses, or for offices, banks, civic administration activities, professional services, or similar business or civic uses, and other floors are used, designed, or intended to be used for residential purposes.

No sooner than the latter later of thirty days after provision of the responsible building official’s findings have been provided under section 657A.1A and or six months after a building has become abandoned, a petition for abatement under this chapter may be filed in the district court of the county inHouse whichFile the2536, propertyp. is located by the city in which the property is located, by the county if the property is located outside the limits of a city, by a neighboring landowner, or by a duly organized nonprofit corporation which has as one of its goals the improvement of housing conditions in the county or city in which the property in question is located.

115 in which the property is located by the city in which the property is located, by the county if the property is located outside the limits of a city, by a neighboring landowner, or by a duly organized nonprofit corporation which has as one of its goals the improvement of housing conditions in the county or city in which the property in question is located.

The last known address of record for the property owner shall be the address of record with the county treasurer of the county where HFthe 2536property (3)is 88located. -127- lh/ns/md 127/137 H.F.

2536 the property is located.

No part ofHouse theFile net2536, earningsp. of a nonprofit corporation serving as a receiver under this section shall benefit a private shareholder or individual.

116 of the net earnings of a nonprofit corporation serving as a receiver under this section shall benefit a private shareholder or individual.

Nothing contained herein in this chapter shall be deemed to repeal any provision of law authorizing any state agency to HFconsider, 2536ascertain, (3)adjust, 88compromise, -128-settle, lh/ns/mddetermine, 128/137allow, H.F.or pay any claim other than a claim as defined in this chapter.

2536 consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a claim as defined in this chapter.

Chapters 701 to through 728 shall be known and may be cited asHouse theFile “Iowa2536, Criminalp. Code”.

117 as the “Iowa Criminal Code”.

Section 724.8A, subsection 1, Code 2020, is HFamended 2536to (3)read 88as -129-follows: lh/ns/md 129/137 H.F.

2536 amended to read as follows:

A renewal applicant shall apply within thirtyHouse daysFile prior2536, top. the expiration of the permit, or within thirty days after the expiration of the permit;

118 thirty days prior to the expiration of the permit, or within thirty days after the expiration of the permit;

Chapters 801 to through 819 shall be known and may be cited HFas 2536the (3)“Iowa 88Code -130-of lh/ns/mdCriminal 130/137Procedure”. H.F.

2536 as the “Iowa Code of Criminal Procedure”.

An order or directive placing a participant in the program shall include the type of testing required to be administeredHouse inFile the2536, programp. and the length of time that the participant is required to remain in the program which shall be for no less than ninety days.

The119 orderadministered orin directivethe shallprogram additionallyand requirethe length of time that the participant notis haverequired failedto aremain HFin 2536the (3)program 88which -131-shall lh/ns/mdbe 131/137for H.F.no less than ninety days.

2536The order or directive shall additionally require that the participant not have failed a test result required testing or have missed a required testing during the thirty-day period immediately preceding the end of participation in the program.

HFHouse 2536File (3)2536, 88p. -132- lh/ns/md 132/137 H.F.

2536120 NEW SUBSECTION.SUBSECTION .

(a) The candidates of the first political party by alphabetical order pursuant to subparagraph (2) shall appear first on the ballot for the first general election at which the president of the United States is to be elected following the effective date of this division of this Act and second on the ballot for the first general election at which the governor will be elected following the effective date of this division of this Act and second on the ballot for the second general election at which the president of the United States is to be elected following the effective date of this division of this Act and first on the ballot for the second general election at which the governor will be elected following the effective date HFof 2536this (3)division 88of -133-this lh/ns/mdAct, 133/137and H.F.thereafter alternating with the candidates of the second political party by alphabetical order pursuant to subparagraph (2).

2536(b) ofThe this division of this Act, and thereafter alternating with the candidates of the second political party by alphabeticalHouse orderFile pursuant2536, top. subparagraph (2).

(b)121 The candidates of the second political party by alphabetical order pursuant to subparagraph (2) shall appear second on the ballot for the first general election at which the president of the United States is to be elected following the effective date of this division of this Act and first on the ballot for the first general election at which the governor will be elected following the effective date of this division of this Act and first on the ballot for the second general election at which the president of the United States is to be elected following the effective date of this division of this Act and second on the ballot for the second general election at which the governor will be elected following the effective date of this division of this Act, and thereafter alternating with the candidates of the first political party by alphabetical order pursuant to subparagraph (2).

(a) The candidates of the second political party by alphabetical order pursuant to subparagraph (2) shall appear first on the ballot for the first general election at which the president of the United States is to be elected following the effective date of this division of this Act and second on the ballot for the first general election at which the governor will be elected following the effective date of this division of this Act and second on the ballot for the second general election at which the president of the United States is to be elected following the effective date of this division of this Act and first on the ballot for the second general election at which the governor will be elected following the effective date of this division of this Act, and thereafter alternating with the candidates of the first political party by alphabetical HForder 2536pursuant (3)to 88subparagraph -134-(2). lh/ns/md 134/137 H.F.

2536(b) The candidates of the first political party by alphabetical order pursuant to subparagraph (2).(2) shall appear second on the ballot for the first general election at which the president of the United States is to be elected following the effective date of this division of this Act and first on the ballot for the first general election at which the governor will be elected following the effective date of this division House File 2536, p.

(b)122 The candidates of the first political party by alphabetical order pursuant to subparagraph (2) shall appear second on the ballot for the first general election at which the president of the United States is to be elected following the effective date of this division of this Act and first on the ballot for the first general election at which the governor will be elected following the effective date of this division of this Act and first on the ballot for the second general election at which the president of the United States is to be elected following the effective date of this division of this Act and second on the ballot for the second general election at which the governor will be elected following the effective date of this division of this Act, and thereafter alternating with the candidates of the second political party by alphabetical order pursuant to subparagraph (2).

Through the course of the fiscal year, the judicial branch may use an amount equal to the aggregate amount of salary reductions due to the judicial officer unpaid leave HFdays 2536for (3)any 88purpose -135-other lh/ns/mdthan 135/137for H.F.judicial salaries.

2536 days for any purpose other than for judicial salaries.

Sec.House File 2536, p.

123 Sec.

The Code editor may add a new subchapter to chapter 359, HFpreceding 2536section (3)359.52 88and -136-entitled lh/ns/md“DISPOSAL 136/137OF H.F.PROPERTY”.