General Assembly: 87 (2017 Regular GA) - Chapter 54 - Nonsubstantive Code corrections


Published: 2017-04-12

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CHAPTER 54 NONSUBSTANTIVE CODE CORRECTIONS

H.F. 488

AN ACT relating to nonsubstantive Code corrections.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION I MISCELLANEOUS CHANGES

Section 1. Section 1.5, Code 2017, is amended to read as follows: 1.5 Federal wildlife and fish and game refuge. The state of Iowa hereby consents that the government of the United States may in

any manner acquire in this state such areas of land or water or of land and water as said government may deem necessary for the establishment of the “Upper Mississippi River Wild Life National Wildlife and Fish Refuge” in accordance with the Act of Congress, approved June 7, 1924, [16 U.S.C. ch 8] provided the states of Illinois, Wisconsin, and Minnesota grant a like consent.

Sec. 2. Section 1.7, Code 2017, is amended to read as follows: 1.7 Legislative grant. There is hereby granted to the government of the United States, so long as it shall use

the same as a part and for the purposes of the said “Upper Mississippi River Wild Life National Wildlife and Fish Refuge”, all areas of land subject to overflow and not used for agricultural purposes or state fish hatcheries or salvaging stations, owned by this state within the boundaries of the said refuge, as the same may be established from time to time under authority of the said Act of Congress.

Sec. 3. Section 1.9, Code 2017, is amended to read as follows: 1.9 National forests. The consent of the state of Iowa is hereby given to the acquisition by the United States, by

purchase, gift, or condemnation with adequate compensation, of such lands in Iowa as in the opinion of the federal government may be needed for the establishment, consolidation, and extension of national forests or for the establishment and extension of wild life wildlife, fish, and game refuges and for other conservation uses in the state, and may exercise jurisdiction thereover but not to the extent of limiting the provisions of the laws of this state. This section shall not, in any manner or to any extent, modify, limit, or affect the title and ownership of the state to all wild life wildlife as provided in section 481A.2; provided, that the state of Iowa shall retain a concurrent jurisdiction with the United States in and over lands so acquired so far that civil process in all cases, and such criminal process as may issue under the authority of the state of Iowa against any persons charged with the commission of any crime without or within said jurisdiction, may be executed thereon in like manner as if this law had not been passed.

Sec. 4. Section 7.14, subsection 1, Code 2017, is amended to read as follows: 1. Whenever it appears that the governor is unable to discharge the duties of office for

reason of disability pursuant to Article IV, section 17, Constitution of the State of Iowa, the person next in line of succession to the office of the governor, or the chief justice, may call a conference consisting of the person who is chief justice, the person who is director of mental health, and the person who is the dean of medicine at the state university of Iowa. Provided, if either the director or dean is not a physician duly licensed to practice medicine by this state the director or dean may assign a member of the director’s or dean’s staff so licensed to assist and advise on the conference. The three members of the conference shall within ten days after the conference is called examine the governor. Within seven days after the examination, or if upon attempting to examine the governor the members of the conference are unable to examine the governor because of circumstances beyond their control, they shall

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conduct a secret ballot and by unanimous vote may find that the governor is temporarily unable to discharge the duties of the office.

Sec. 5. Section 7E.5, subsection 2, paragraph a, Code 2017, is amended to read as follows: a. There is a civil rights commission, a public employment relations board, an interstate

cooperation commission, an Iowa ethics and campaign disclosure board, and an Iowa law enforcement academy.

Sec. 6. Section 8.36, Code 2017, is amended to read as follows: 8.36 Fiscal year. The fiscal year of the government shall commence on the first day of July and end on the

thirtieth day of June. This fiscal year shall be used for purposes of making appropriations and of financial reporting and shall be uniformly adopted by all departments and establishments of the government. However, the department of workforce development may use the federal fiscal year instead of the fiscal year commencing on July 1. However, the department of workforce development may use the federal fiscal year instead

of the fiscal year commencing on July 1.

Sec. 7. Section 8.39, subsection 5, Code 2017, is amended to read as follows: 5. a. Any transfer made under the provisions of this section shall be reported to the

legislative fiscal committee on a monthly basis. The report shall cover each calendar month and shall be due the tenth day of the following month. The report shall contain the following: (1) The amount of each transfer; the. (2) The date of each transfer; the. (3) The departments and funds affected; a. (4) A brief explanation of the reason for the transfer; and such. (5) Such other information as may be required by the committee. b. A summary of all transfers made under the provisions of this section shall be included

in the annual report of the legislative fiscal committee.

Sec. 8. Section 10A.701, subsection 1, Code 2017, is amended to read as follows: 1. “Administrator” means the person coordinating the administration of this the division.

Sec. 9. Section 12J.3, subsection 2, paragraph a, Code 2017, is amended to read as follows: a. For each company on the scrutinized companies list, the public fund shall send or have

sent a written notice informing the company of its status as a scrutinized company and that it may become subject to divestment and restrictions on investment in the company by the public fund. The notice shall offer the company the opportunity to clarify its activities or to cease its activities causing its inclusion on the scrutinized company companies list. The public fund or its representative shall continue to provide such written notice on an annual basis if the company remains a scrutinized company.

Sec. 10. Section 12J.6, Code 2017, is amended to read as follows: 12J.6 Public entities — contract requirements. A public entity shall not enter into a contract of one thousand dollars or more with a

scrutinized company included on a scrutinized company companies list created by a public fund pursuant to section 12J.3 to acquire or dispose of services, supplies, information technology, or construction.

Sec. 11. Section 17A.12, subsection 5, Code 2017, is amended to read as follows: 5. Unless precluded by statute, informal disposition may be made of any contested case by

stipulation, agreed settlement, consent order, or default, or by another method agreed upon by the parties in writing.

Sec. 12. Section 17A.19, subsection 7, Code 2017, is amended to read as follows: 7. In proceedings for judicial review of agency action a court may hear and consider such

evidence as it deems appropriate. In proceedings for judicial review of agency action in a

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contested case, however, a court shall not itself hear any further evidencewith respect to those issues of fact whose determinationwas entrusted by the Constitution or a statute to the agency in that contested case proceeding. Before the date set for hearing a petition for judicial review of agency action in a contested case, applicationmay bemade to the court for leave to present evidence in addition to that found in the record of the case. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the contested case proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agencymaymodify its findings and decision in the case by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court and mail copies of the new findings or decisions to all parties.

Sec. 13. Section 22.7, subsection 52, paragraph d, Code 2017, is amended to read as follows: d. This subsection does not apply to a report filed with the Iowa ethics and campaign

disclosure board pursuant to section 8.7.

Sec. 14. Section 26.3, subsection 1, Code 2017, is amended to read as follows: 1. If the estimated total cost of a public improvement exceeds the competitive bid threshold

of one hundred thousand dollars, or the adjusted competitive bid threshold established in section 314.1B, the governmental entity shall advertise for sealed bids for the proposed public improvement by posting a notice to bidders not less than thirteen and not more than forty-five days before the date for filing bids in a relevant contractor plan room service with statewide circulation, and in a relevant construction lead generating service with statewide circulation, and on an internet site sponsored by either a governmental entity or a statewide association that represents the governmental entity. If circumstances beyond the control of the governmental entity cause a scheduled bid letting to be postponed and there are no changes to the project’s contract documents, a notice to bidders of the revised date shall be posted not less than four and not more than forty-five days before the revised date for filing bids in a relevant contractor plan room service with statewide circulation, and in a relevant construction lead generating service with statewide circulation, and on an internet site sponsored by either a governmental entity or a statewide association that represents the governmental entity.

Sec. 15. Section 29A.1, subsection 6, Code 2017, is amended to read as follows: 6. “Militia” shall mean the forces provided for in the Constitution of the State of Iowa.

Sec. 16. Section 43.27, Code 2017, is amended to read as follows: 43.27 Printing of ballots. The text printed on ballots of each political party shall be in black ink, on separate sheets of

paper, uniform in quality, texture, and size, with the name of the political party printed at the head of the ballots, which ballots shall be prepared by the commissioner in the same manner as for the general election, except as provided in this chapter provided. The commissioner may print the ballots for each political party using a different color for each party. If colored paper is used, all of the ballots for each separate party shall be uniform in color.

Sec. 17. Section 48A.25, Code 2017, is amended to read as follows: 48A.25 Compensation for assistance in completing registration forms. 1. a. A person may pay, offer to pay, or accept compensation for assisting others in

completing voter registration forms only if the compensation is based solely on the time spent providing the assistance. b. Paying, offering to pay, or receiving compensation based on the number of registration

forms completed, or the party affiliations shown on completed registration forms, or on any other performance criteria, is unlawful. 2. a. This section shall not apply to state statutory political committees, as defined in

section 43.111.

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b. This section shall not apply to state and political subdivision employees who are required to offer assistance to clients as a part of their regular job duties, and who shall not be granted additional compensation for voter registration activities. 3. A person assisting another in completing a voter registration form shall not complete

any portion of the form without the knowledge or consent of the registrant.

Sec. 18. Section 49.67, Code 2017, is amended to read as follows: 49.67 Form of reserve supply. 1. The number of reserve ballots for each precinct shall be determined by the

commissioner. 2. a. If necessary, the commissioner or the commissioner’s designee may make

photocopies of official ballots to replace or replenish ballot supplies. The commissioner shall keep a record of the number of photocopied ballots made for each precinct, the name of the person who made the photocopies, and the date, time, and location at which the photocopies were made. These records shall be made on forms and following procedures prescribed by the secretary of state by administrative rule. b. In any precinct where photocopied ballots are used, each photocopied ballot shall be

initialed as required by section 49.82 by two precinct officials immediately before being issued to the voter. In partisan elections the two precinct officials shall be of different political parties.

Sec. 19. Section 49.75, Code 2017, is amended to read as follows: 49.75 Oath. Before opening the polls, each of the board members shall take the following oath:

“I I, A. B., do solemnly swear or affirm that I will impartially, and to the best of my knowledge and ability, perform the duties of precinct election official of this election, and will studiously endeavor to prevent fraud, deceit, and abuse in conducting the election.” election.

Sec. 20. Section 68.9, Code 2017, is amended to read as follows: 68.9 Organization of court. 1. When an impeachment is presented, the senate shall, after the hour of final adjournment

of the legislature, be forthwith organized as a court of impeachment for the trial thereof, at the capitol. 2. a. An oath or affirmation shall be administered by the secretary of the senate to its

president, and by the president to each member of that body, to the effect that the member will truly and impartially try and determine the charges of impeachment according to the law and evidence. b. No member shall sit on the trial or give evidence thereon until the member has taken

such oath or affirmation. 3. The organization of such court shall be perfected when such presiding officer and

the members present, but not less than a majority of the whole number, have taken and subscribed the oath or affirmation.

Sec. 21. Section 68A.603, Code 2017, is amended to read as follows: 68A.603 Rules promulgated. The Iowa ethics and campaign disclosure board shall administer the provisions of sections

68A.601 through 68A.609 and shall promulgate all necessary rules in accordancewith chapter 17A.

Sec. 22. Section 68A.606, Code 2017, is amended to read as follows: 68A.606 Funds — campaign expenses only. 1. The chairperson of the state statutory political committee shall produce evidence to the

Iowa ethics and campaign disclosure board not later than the twenty-fifth day of January each year, that all income tax checkoff funds expended for campaign expenses have been utilized exclusively for campaign expenses.

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2. The Iowa ethics and campaign disclosure board shall issue, prior to the payment of any money, guidelines that explain which expenses and evidence thereof qualify as acceptable campaign expenses. 3. Should the Iowa ethics and campaign disclosure board determine that any part of the

funds have been used for noncampaign or improper expenses, the board may order the political party or the candidate to return all or any part of the total funds paid to that political party for that election. When such funds are returned, they shall be deposited in the general fund of the state.

Sec. 23. Section 68B.35, subsection 2, paragraph e, Code 2017, is amended to read as follows: e. Members of the state banking council, the Iowa ethics and campaign disclosure

board, the credit union review board, the economic development authority, the employment appeal board, the environmental protection commission, the health facilities council, the Iowa finance authority, the Iowa public employees’ retirement system investment board, the board of the Iowa lottery authority, the natural resource commission, the board of parole, the petroleum underground storage tank fund board, the public employment relations board, the state racing and gaming commission, the state board of regents, the transportation commission, the office of consumer advocate, the utilities board, the Iowa telecommunications and technology commission, and any full-time members of other boards and commissions as defined under section 7E.4 who receive an annual salary for their service on the board or commission. The Iowa ethics and campaign disclosure board shall conduct an annual review to determine if members of any other board, commission, or authority should file a statement and shall require the filing of a statement pursuant to rules adopted pursuant to chapter 17A.

Sec. 24. Section 68B.35, subsection 5, Code 2017, is amended to read as follows: 5. a. A candidate for statewide office shall file a financial statement with the Iowa ethics

and campaign disclosure board, a candidate for the office of state representative shall file a financial statement with the chief clerk of the house of representatives, and a candidate for the office of state senator shall file a financial statement with the secretary of the senate. Statements shall contain information concerning the year preceding the year in which the election is to be held. b. The Iowa ethics and campaign disclosure board shall adopt rules pursuant to chapter

17A providing for the filing of the financial statements with the board and for the deposit, retention, and availability of the financial statements. The ethics committees of the house of representatives and the senate shall recommend rules for adoption by the respective houses providing for the filing of the financial statements with the chief clerk of the house or the secretary of the senate and for the deposit, retention, and availability of the financial statements. Rules adopted shall also include a procedure for notification of candidates of the duty to file disclosure statements under this section.

Sec. 25. Section 96.19, subsection 41, Code 2017, is amended to read as follows: 41. a. “Wages” means all remuneration for personal services, including commissions

and bonuses and the cash value of all remuneration in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the department. b. The term wages “wages” shall not include: a. (1) The amount of any payment, including any amount paid by an employer for

insurance or annuities or into a fund to provide for such payment, made to or on behalf of an employee or any of the employee’s dependents under a plan or system established by an employer which makes provisions for the employer’s employees generally, or for the employer’s employees generally and their dependents, or for a class, or classes of the employer’s employees, or for a class or classes of the employer’s employees and their dependents, on account of retirement, sickness, accident disability, medical, or hospitalization expense in connection with sickness or accident disability, or death.

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b. (2) Any payment paid to an employee, including any amount paid by any employer for insurance or annuities or into a fund to provide for any such payment, on account of retirement. c. (3) Any payment on account of sickness or accident disability, or medical or

hospitalization expense in connection with sickness or accident disability made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for such employer. d. (4) Remuneration for agricultural labor paid in any medium other than cash. e. (5) Any portion of the remuneration to a member of a limited liability company based

on a membership interest in the company provided that the remuneration is allocated among members, and among classes of members, in proportion to their respective investments in the company. If the amount of remuneration attributable to a membership interest cannot be determined, the entire amount of remuneration shall be deemed to be based on services performed.

Sec. 26. Section 97B.44, Code 2017, is amended to read as follows: 97B.44 Beneficiary. 1. Each member shall designate on a form to be furnished by the system a beneficiary for

death benefits payable under this chapter on the death of the member. The designation may be changed from time to time by the member by filing a new designation with the system. 2. A designation or change in designation made by a member on or after July 1, 2000, shall

contain the written consent of the member’s spouse, if applicable. However, the system may accept a married member’s designation or change in designation under this section without the written consent of the member’s spouse if the member submits a notarized statement indicating that the member has been unable to locate the member’s spouse to obtain the written consent of the spouse after reasonable diligent efforts. The member’s designation or change in designation shall become effective upon filing the necessary forms, including the notarized statement, with the system. The system shall not be liable to the member, the member’s spouse, or to any other person affected by the member’s designation or change of designation, based upon a designation or change of designation accomplished without the written consent of the member’s spouse. 3. The designation of a beneficiary is not applicable if the member receives a refund of all

contributions of the member. If a member who has received a refund of contributions returns to employment, the member shall file a new designation with the system. 4. If a member has not designated a beneficiary on a form furnished by the system, or if

there are no surviving designated beneficiaries of a member, death benefits payable under this chapter shall be paid to the member’s estate. However, the systemmay accept a married member’s designation or change in designation

under this section without the written consent of the member’s spouse if the member submits a notarized statement indicating that the member has been unable to locate the member’s spouse to obtain the written consent of the spouse after reasonable diligent efforts. The member’s designation or change in designation shall become effective upon filing the necessary forms, including the notarized statement, with the system. The system shall not be liable to the member, the member’s spouse, or to any other person affected by the member’s designation or change of designation, based upon a designation or change of designation accomplished without the written consent of the member’s spouse.

Sec. 27. Section 103A.41, Code 2017, is amended to read as follows: 103A.41 State historic building code. The commissioner, with the approval of the state historical society board established by

section 303.4, shall adopt, in accordance with chapter 17A, alternative building standards and building regulations for the rehabilitation,; preservation,; restoration, (including including related reconstruction) reconstruction; and relocation of buildings or structures designated by state agencies or governmental subdivisions as qualified historic buildings which are included in, or appear to meet criteria for inclusion in, the national register of historic places. The alternative building standards and building regulations comprise and shall be known as the state historic building code. The purpose of the state historic building

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code is to facilitate the restoration or change of occupancy of qualified historic buildings or structures so as to preserve their original or restored architectural elements and features and, concurrently, to provide reasonable safety from fire and other hazards for the occupants and users, through a cost-effective approach to preservation.

Sec. 28. Section 124.306, Code 2017, is amended to read as follows: 124.306 Records of registrants. 1. a. Persons registered to manufacture, distribute, dispense, or administer controlled

substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with such additional rules as may be issued by the board. A practitioner who engages in dispensing any controlled substance to the practitioner’s patients shall keep records of receipt and disbursements of such drugs, including dispensing or other disposition, and information as to controlled substances stolen, lost, or destroyed. In every such case the records of controlled substance received shall show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received. The record of all controlled substances dispensed or otherwise disposed of, shall show the date of dispensing, the name and address of the person to whom or for whose use, or the owner and species of animal for which the drugs were dispensed and the kind and quantity of drugs dispensed. b. Every such record shall be kept for a period of two years from the date of the transaction

recorded. Records of controlled substances lost, destroyed, or stolen, shall contain a detailed list of the kind and quantity of such drugs and the date of the discovery of such loss, destruction, or theft. 2. No person shall distribute complimentary packages of controlled substances, to a

practitioner unless that person prepares and leaves with the practitioner a specific written list of the items so distributed. This list shall be prepared on a form prescribed by rules promulgated by the board, and the person who distributes the items listed shall send a copy of the list to the board as soon as practicable after distribution of the complimentary packages to the practitioner.

Sec. 29. Section 124.407, Code 2017, is amended to read as follows: 124.407 Gatherings where controlled substances unlawfully used — penalties. 1. It is unlawful for any person to sponsor, promote, or aid, or assist in the sponsoring

or promoting of a meeting, gathering, or assemblage with the knowledge or intent that a controlled substance be there distributed, used, or possessed, in violation of this chapter. 2. a. Any person who violates this section and where the controlled substance is any one

other than marijuana is guilty of a class “D” felony. b. Any person who violates this section, and where the controlled substance is marijuana

only, is guilty of a serious misdemeanor. 3. The district court shall grant an injunction barring a meeting, gathering, or assemblage

if upon hearing the court finds that the sponsors or promoters of the meeting, gathering, or assemblage have not taken reasonable means to prevent the unlawful distribution, use, or possession of a controlled substance. Further injunctive relief may be granted against all persons furnishing goods or services to such meeting, gathering, or assemblage. 4. The district court may, upon application and a showing of one or more of the grounds

provided in section 639.3, grant to the state or governmental subdivision thereof a writ of attachment, ex parte, without bond, in an amount necessary to secure the payment of any fine that may be imposed and the payment of costs. The reasonable expense to the state and governmental subdivisions thereof to provide the necessary law enforcement resulting from a meeting, gathering, or assemblage held in violation of this section may be taxed as costs in the criminal action.

Sec. 30. Section 159.27, Code 2017, is amended to read as follows: 159.27 Iowa seal. 1. A seal for agricultural products shall be created under the direction of the department of

agriculture and land stewardship to identify agricultural products that have been produced or

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processed in the state. The department shall certify that agricultural products marked with the Iowa seal are of the quality and specifications warranted by the sellers of those products. 2. The department of agriculture and land stewardship shall adopt rules under chapter 17A

to provide methods of identifying, marking, and grading agricultural products, to prevent any misleading use of the Iowa seal, and as necessary or advisable to fully implement this section. 3. a. A violation of a rule adopted by the department of agriculture and land stewardship

to implement this section is a simple misdemeanor. b. A fraudulent use of the term “Iowa Seal” or of the identifying mark for the Iowa seal,

or a deliberately misleading or unwarranted use of the term or identifying mark is a serious misdemeanor.

Sec. 31. Section 232.102, Code 2017, is amended to read as follows: 232.102 Transfer of legal custody of child and placement. 1. a. After a dispositional hearing the court may enter an order transferring the legal

custody of the child to one of the following for purposes of placement: (1) A parent who does not have physical care of the child, other relative, or other suitable

person. (2) A child-placing agency or other suitable private agency, facility, or institution which is

licensed or otherwise authorized by law to receive and provide care for the child. (3) The department of human services. If the child is placed in a juvenile shelter care

home or with an individual or agency as defined in section 237.1, the department shall assign decision-making authority to the juvenile shelter care home, individual, or agency for the purpose of applying the reasonable and prudent parent standard during the child’s placement. b. If the child is sixteen years of age or older, the order shall specify the services needed to

assist the child in preparing for the transition from foster care to adulthood. If the child has a case permanency plan, the court shall consider the written transition plan of services and needs assessment developed for the child’s case permanency plan. If the child does not have a case permanency plan containing the transition plan and needs assessment at the time the order is entered, the written transition plan and needs assessment shall be developed and submitted for the court’s consideration no later than six months from the date of the transfer order. The court shall modify the initial transfer order as necessary to specify the services needed to assist the child in preparing for the transition from foster care to adulthood. If the transition plan identifies services or other support needed to assist the child when the child becomes an adult and the court deems it to be beneficial to the child, the court may authorize the individual who is the child’s guardian ad litem or court appointed special advocate to continue a relationship with and provide advice to the child for a period of time beyond the child’s eighteenth birthday. 1A. 2. The court shall not order group foster care placement of the child which is a charge

upon the state if that placement is not in accordance with the service area plan for group foster care established pursuant to section 232.143 for the departmental service area in which the court is located. 2. 3. After a dispositional hearing and upon the request of the department, the court may

enter an order appointing the department as the guardian of an unaccompanied refugee child or of a child without parent or guardian. 3. 4. After a dispositional hearing and upon written findings of fact based upon evidence

in the record that an alternative placement set forth in subsection 1, paragraph “a”, subparagraph (1), has previously been made and is not appropriate, the court may enter an order transferring the guardianship of the child for the purposes of subsection 9 11, to the director of human services for the purposes of placement in the Iowa juvenile home at Toledo. 4. 5. a. Upon receipt of an application from the director of the department of human

services, the court shall enter an order to temporarily transfer a child who has been placed in the Iowa juvenile home at Toledo pursuant to subsection 3 4, to a facility which has been designated to be an alternative placement site for the juvenile home, provided the court finds that all of the following conditions exist: (1) There is insufficient time to file a motion and hold a hearing for a new dispositional

order under section 232.103.

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(2) Immediate removal of the child from the juvenile home is necessary to safeguard the child’s physical or emotional health. (3) That reasonable attempts to notify the parents, guardian ad litem, and attorney for the

child have been made. b. If the court finds the conditions in paragraph “a” exist and there is insufficient time to

provide notice as required under rule of juvenile procedure 8.12, the court may enter an ex parte order temporarily transferring the child to the alternative placement site. c. Within three days of the child’s transfer, the director shall file a motion for a new

dispositional order under section 232.103 and the court shall hold a hearing concerning the motion within fourteen days of the child’s transfer. 5. 6. a. Whenever possible the court should permit the child to remain at home with the

child’s parent, guardian, or custodian. Custody of the child should not be transferred unless the court finds there is clear and convincing evidence that: (1) The child cannot be protected from physical abuse without transfer of custody; or (2) The child cannot be protected from some harm which would justify the adjudication of

the child as a child in need of assistance and an adequate placement is available. b. In order to transfer custody of the child under this subsection, the court must make a

determination that continuation of the child in the child’s home would be contrary to the welfare of the child, and shall identify the reasonable efforts that have been made. The court’s determination regarding continuation of the child in the child’s home, and regarding reasonable efforts, including those made to prevent removal and those made to finalize any permanency plan in effect, as well as any determination by the court that reasonable efforts are not required, must be made on a case-by-case basis. The grounds for each determination must be explicitly documented and stated in the court order. However, preserving the safety of the child is the paramount consideration. If imminent danger to the child’s life or health exists at the time of the court’s consideration, the determinations otherwise required under this paragraph shall not be a prerequisite for an order for removal of the child. If the court transfers custody of the child, unless the court waives the requirement for making reasonable efforts or otherwise makes a determination that reasonable efforts are not required, reasonable efforts shall be made to make it possible for the child to safely return to the family’s home. 5A. 7. A child placed in foster care may participate in age or developmentally appropriate

extracurricular, enrichment, cultural, and social activities subject to the approval of the child’s foster parents or the appropriate licensed foster care facility staff. A court shallmake a finding at all review hearings to address the child’s participation in such activities and how barriers to participation are being addressed. 6. 8. The child shall not be placed in the state training school. 7. 9. In any order transferring custody to the department or an agency, or in orders

pursuant to a custody order, the court shall specify the nature and category of disposition which will serve the best interests of the child, and shall prescribe the means by which the placement shall be monitored by the court. If the court orders the transfer of the custody of the child to the department of human services or other agency for placement, the department or agency shall submit a case permanency plan to the court and shall make every reasonable effort to return the child to the child’s home as quickly as possible consistent with the best interests of the child. When the child is not returned to the child’s home and if the child has been previously placed in a licensed foster care facility, the department or agency shall consider placing the child in the same licensed foster care facility. If the court orders the transfer of custody to a parent who does not have physical care of the child, other relative, or other suitable person, the court may direct the department or other agency to provide services to the child’s parent, guardian, or custodian in order to enable them to resume custody of the child. If the court orders the transfer of custody to the department of human services or to another agency for placement in group foster care, the department or agency shall make every reasonable effort to place the child in the least restrictive, most family-like, and most appropriate setting available, and in close proximity to the parents’ home, consistent with the child’s best interests and special needs, and shall consider the placement’s proximity to the school in which the child is enrolled at the time of placement.

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8. 10. Any order transferring custody to the department or an agency shall include a statement informing the child’s parent that the consequences of a permanent removal may include the termination of the parent’s rights with respect to the child. 9. 11. An agency, facility, institution, or person to whom custody of the child has been

transferred pursuant to this section shall file a written report with the court at least every six months concerning the status and progress of the child. The court shall hold a periodic dispositional review hearing for each child in placement pursuant to this section in order to determine whether the child should be returned home, an extension of the placement should be made, a permanency hearing should be held, or a termination of the parent-child relationship proceeding should be instituted. The placement shall be terminated and the child returned to the child’s home if the court finds by a preponderance of the evidence that the child will not suffer harm in the manner specified in section 232.2, subsection 6. If the placement is extended, the court shall determine whether additional services are necessary to facilitate the return of the child to the child’s home, and if the court determines such services are needed, the court shall order the provision of such services. When the child is not returned to the child’s home and if the child has been previously placed in a licensed foster care facility, the department or agency responsible for the placement of the child shall consider placing the child in the same licensed foster care facility. a. The initial dispositional review hearing shall not be waived or continued beyond six

months after the date of the dispositional hearing. b. Subsequent dispositional review hearings shall not be waived or continued beyond

twelve months after the date of the most recent dispositional review hearing. c. For purposes of this subsection, a hearing held pursuant to section 232.103 satisfies the

requirements for initial dispositional review or subsequent permanency hearing. 10. 12. a. As used in this division, “reasonable efforts”means the efforts made to preserve

and unify a family prior to the out-of-home placement of a child in foster care or to eliminate the need for removal of the child or make it possible for the child to safely return to the family’s home. Reasonable efforts shall include but are not limited to giving consideration, if appropriate, to interstate placement of a child in the permanency planning decisions involving the child and giving consideration to in-state and out-of-state placement options at a permanency hearing and when using concurrent planning. If returning the child to the family’s home is not appropriate or not possible, reasonable efforts shall include the efforts made in a timely manner to finalize a permanency plan for the child. A child’s health and safety shall be the paramount concern in making reasonable efforts. Reasonable efforts may include but are not limited to family-centered services, if the child’s safety in the home can be maintained during the time the services are provided. In determining whether reasonable efforts have been made, the court shall consider both of the following: (1) The type, duration, and intensity of services or support offered or provided to the child

and the child’s family. If family-centered services were not provided, the court record shall enumerate the reasons the services were not provided, including but not limited to whether the services were not available, not accepted by the child’s family, judged to be unable to protect the child and the child’s family during the time the services would have been provided, judged to be unlikely to be successful in resolving the problems which would lead to removal of the child, or other services were found to be more appropriate. (2) The relative risk to the child of remaining in the child’s home versus removal of the

child. b. As used in this section, “family-centered services” means services and other support

intended to safely maintain a child with the child’s family or with a relative, to safely and in a timely manner return a child to the home of the child’s parent or relative, or to promote achievement of concurrent planning goals by identifying and helping the child secure placement for adoption, with a guardian, or with other alternative permanent family connections. Family-centered services are adapted to the individual needs of a family in regard to the specific services and other support provided to the child’s family and the intensity and duration of service delivery. Family-centered services are intended to preserve a child’s connections to the child’s neighborhood, community, and family and to improve the overall capacity of the child’s family to provide for the needs of the children in the family.

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11. 13. The performance of reasonable efforts to place a child for adoption or with a guardian may be made concurrently with making reasonable efforts as defined in this section. 12. 14. If the court determines by clear and convincing evidence that aggravated

circumstances exist, with written findings of fact based upon evidence in the record, the court may waive the requirement for making reasonable efforts. The existence of aggravated circumstances is indicated by any of the following: a. The parent has abandoned the child. b. The court finds the circumstances described in section 232.116, subsection 1, paragraph

“i”, are applicable to the child. c. The parent’s parental rights have been terminated under section 232.116 or involuntarily

terminated by an order of a court of competent jurisdiction in another state with respect to another child who is a member of the same family, and there is clear and convincing evidence to show that the offer or receipt of services would not be likely within a reasonable period of time to correct the conditions which led to the child’s removal. d. The parent has been convicted of the murder of another child of the parent. e. The parent has been convicted of the voluntary manslaughter of another child of the

parent. f. The parent has been convicted of aiding or abetting, attempting, conspiring in, or

soliciting the commission of the murder or voluntary manslaughter of another child of the parent. g. The parent has been convicted of a felony assault which resulted in serious bodily injury

of the child or of another child of the parent. 13. 15. Unless prohibited by the court order transferring custody of the child for placement

or other court order or the department or agency that received the custody transfer finds that allowing the visitation would not be in the child’s best interest, the department or agency may authorize reasonable visitation with the child by the child’s grandparent, great-grandparent, or other adult relative who has established a substantial relationship with the child.

Sec. 32. Section 235B.3A, subsection 3, Code 2017, is amended to read as follows: 3. Providing a dependent adult with immediate and adequate notice of the dependent

adult’s rights. The notice shall consist of handing the dependent adult a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains a copy of the following written statement; requesting the dependent adult to read the card; and asking the dependent adult whether the dependent adult understands the rights:

[a] [1] You have the right to ask the court for the following help on a temporary basis: [1] [a] Keeping the alleged perpetrator away from you, your

home, and your place of work. [2] [b] The right to stay at your home without interference from

the alleged perpetrator. [3] [c] Professional counseling for you, your family, or

household members, and the alleged perpetrator of the dependent adult abuse. [b] [2] If you are in need of medical treatment, you have the

right to request that the peace officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you. [c] [3] If you believe that police protection is needed for your

physical safety, you have the right to request that the peace officer present remain at the scene until you and other affected parties can leave or safety is otherwise ensured.

Sec. 33. Section 235E.3, subsection 3, Code 2017, is amended to read as follows: 3. Providing a dependent adult with immediate and adequate notice of the dependent

adult’s rights. The notice shall consist of handing the dependent adult a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the

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area and contains a copy of the following written statement; requesting the dependent adult to read the card; and asking the dependent adult whether the dependent adult understands the rights:

[a] [1] You have the right to ask the court for the following help on a temporary basis: [1] [a] Keeping the alleged perpetrator away from you, your

home, your facility, and your place of work. [2] [b] The right to stay at your home or facility without

interference from the alleged perpetrator. [3] [c] Professional counseling for you, your family, or

household members, and the alleged perpetrator of the dependent adult abuse. [b] [2] If you are in need of medical treatment, you have the

right to request that the peace officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you. [c] [3] If you believe that police protection is needed for your

physical safety, you have the right to request that the peace officer present remain at the scene until you and other affected parties can leave or safety is otherwise ensured.

Sec. 34. Section 236.12, subsection 1, paragraph c, Code 2017, is amended to read as follows: c. Providing an abused person with immediate and adequate notice of the person’s rights.

The notice shall consist of handing the person a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains a copy of the following statement written in English and Spanish; asking the person to read the card; and asking whether the person understands the rights:

[1] You have the right to ask the court for the following help on a temporary basis: [1] [a] Keeping your attacker away from you, your home and

your place of work. [2] [b] The right to stay at your home without interference from

your attacker. [3] [c] Getting custody of children and obtaining support for

yourself and your minor children if your attacker is legally required to provide such support. [4] [d] Professional counseling for you, the children who are

members of the household, and the defendant. [2] You have the right to seek help from the court to seek

a protective order with or without the assistance of legal representation. You have the right to seek help from the courts without the payment of court costs if you do not have sufficient funds to pay the costs. [3] You have the right to file criminal charges for threats,

assaults, or other related crimes. [4] You have the right to seek restitution against your attacker

for harm to yourself or your property. [5] If you are in need of medical treatment, you have the

right to request that the officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you. [6] If you believe that police protection is needed for your

physical safety, you have the right to request that the officer present remain at the scene until you and other affected parties can leave or until safety is otherwise ensured.

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Sec. 35. Section 237A.13, subsection 1, paragraph a, Code 2017, is amended to read as follows: a. The child’s parent, guardian, or custodian is participating in approved academic, or

vocational, or technical training.

Sec. 36. Section 257.24, Code 2017, is amended to read as follows: 257.24 Deposit of instructional support income surtax. 1. The director of revenue shall deposit all moneys received as instructional support income

surtax to the credit of each district from which the moneys are received, in the school district income surtax fund which is established in section 298.14. 2. a. The director of revenue shall deposit instructional support income surtax moneys

received on or before November 1 of the year following the close of the school budget year for which the surtax is imposed to the credit of each district from which the moneys are received in the school district income surtax fund. b. Instructional support income surtax moneys received or refunded after November 1 of

the year following the close of the school budget year for which the surtax is imposed shall be deposited in or withdrawn from the general fund of the state and shall be considered part of the cost of administering the instructional support income surtax.

Sec. 37. Section 261A.27, Code 2017, is amended to read as follows: 261A.27 Exercise of powers as essential public function — exemption from taxation. 1. The exercise of the powers granted by this chapter will be in all respects for the benefit of

the people of this state, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of a program by the authority or its agent will constitute the performance of an essential public function. Income of the authority is exempt from all taxation in the state. Property of the authority, acquired or held for purposes of this chapter, is exempt from all taxation and special assessments in the state if the property was exempt for the fiscal year in which the property was first acquired or held and such property shall continue to be exempt for subsequent fiscal years. Property of the authority, acquired or held for purposes of this chapter, is subject to taxation and special assessments in the state if the property was taxable for the fiscal year in which the property was first acquired or held and such property shall continue to be taxable for subsequent fiscal years. 2. Obligations issued by the authority on or after July 1, 2000, pursuant to either division

subchapter of this chapter, their transfer, and income therefrom are exempt from taxation of any kind by the state or any political subdivision of the state.

Sec. 38. Section 261A.45, Code 2017, is amended to read as follows: 261A.45 Obligations issued to acquire federally guaranteed securities. 1. The authority may finance the cost of a project, refund outstanding indebtedness, or

reimburse advances from an endowment or similar fund of an institution as authorized by this division subchapter, by issuing its obligations pursuant to a plan of financing involving the acquisition of a federally guaranteed security or the acquisition or entering into of commitments to acquire a federally guaranteed security. For the purposes of this section, “federally guaranteed security” means any direct obligation of, or obligation the principal of and interest on which are fully guaranteed or insured by the United States, or an obligation issued by, or the principal of and interest on which are fully guaranteed or insured by any agency or instrumentality of the United States, including without limitation an obligation that is issued pursuant to the National Housing Act, or any successor provision of law. 2. The authority may acquire or enter into commitments to acquire a federally guaranteed

security and pledge or otherwise use the federally guaranteed security in the manner the authority deems in its best interest to secure or otherwise provide a source of repayment of its obligations issued to finance or refinance a project, or may enter into an appropriate agreement with an institution whereby the authority maymake a loan to the institution for the purpose of acquiring or entering into commitments to acquire a federally guaranteed security. An agreement entered into pursuant to this sectionmay contain provisions deemed necessary or desirable by the authority for the security or protection of the authority or the holders of

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the obligations, except that the authority, prior to making an acquisition, commitment, or loan, shall determine and enter into an agreement with the institution or another appropriate institution to require that the proceeds derived from the acquisition of a federally guaranteed security will be used, directly or indirectly, for the purpose of financing or refinancing a project. 3. The obligations issued pursuant to this section shall not exceed in principal amount the

cost of financing or refinancing the project as determined by the participating institution and approved by the authority, except that the costs may include, without limitation, all costs and expenses necessary or incidental to the acquisition of or commitment to acquire a federally guaranteed security and to the issuance and obtaining of insurance or guarantee of an obligation issued or incurred in connection with a federally guaranteed security. In other respects the bonds are subject to this division subchapter, and the trust agreement creating the bonds may contain provisions set forth in this division subchapter as the authority deems appropriate. 4. If a project is financed or refinanced pursuant to this section, the title to the project shall

remain in the participating institution owning the project, subject to the lien of a mortgage or security interest securing, directly or indirectly, the federally guaranteed securities being purchased or to be purchased.

Sec. 39. Section 274.6, Code 2017, is amended to read as follows: 274.6 Names. School corporations shall be designated as follows: 1. The independent school district of (naming city, township, or village, and if there are

two or more districts therein, including some appropriate name or number), in the county of (naming county), state of Iowa; or, the. 2. The consolidated school district of (some appropriate name or number), in the county

of (naming county), state of Iowa; or, the. 3. The community school district of (some appropriate name), in the county (or counties)

of (naming county or counties), state of Iowa; or, the. 4. The (some appropriate name) community school district, in the county (or counties) of

(naming county or counties), state of Iowa.

Sec. 40. Section 275.4, Code 2017, is amended to read as follows: 275.4 Studies, surveys, and plans. 1. a. In developing studies and surveys the area education agency board shall consult with

the officials of school districts in the area and other citizens, and shall from time to time hold public hearings, and may employ such research and other assistance as it may determine reasonably necessary in order to properly carry on its survey and prepare definite plans of reorganization. b. In addition, the area education agency board shall consult with the director of the

department of education in the development of surveys and plans. The director of the department of education shall provide assistance to the area education agency boards as requested and shall advise the area education agency boards concerning plans of contiguous area education agencies and the reorganization policies adopted by the state board of education. 2. Completed plans shall be transmitted by the area education agency board to the director

of the department of education.

Sec. 41. Section 279.19, Code 2017, is amended to read as follows: 279.19 Probationary period. 1. The first three consecutive years of employment of a teacher in the same school district

are a probationary period. However, if the teacher has successfully completed a probationary period of employment for another school district located in Iowa, the probationary period in the current district of employment shall not exceed one year. A board of directors may waive the probationary period for any teacher who previously has served a probationary period in another school district and the board may extend the probationary period for an additional year with the consent of the teacher.

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2. a. In the case of the termination of a probationary teacher’s contract, the provisions of sections 279.15 and 279.16 shall apply. However, if the probationary teacher is a beginning teacher who fails to demonstrate competence in the Iowa teaching standards in accordance with chapter 284, the provisions of sections 279.17 and 279.18 shall also apply. b. The board’s decision shall be final and binding unless the terminationwas based upon an

alleged violation of a constitutionally guaranteed right of the teacher or an alleged violation of public employee rights of the teacher under section 20.10. 3. Notwithstanding any provision to the contrary, the grievance procedures of section 20.18

relating to job performance or job retention shall not apply to a teacher during the first two years of the teacher’s probationary period. However, this paragraph subsection shall not apply to a teacher who has successfully completed a probationary period in a school district in Iowa.

Sec. 42. Section 279.21, Code 2017, is amended to read as follows: 279.21 Principals. 1. The board of directors of a school district may employ principals, under the provisions of

section 279.23. A principal shall hold a current valid principal’s certificate. Notwithstanding the provisions of section 279.23, after serving at least nine months, a principal may be employed for a term of not to exceed two years. 2. a. The principal, under the supervision of the superintendent of the school district

and pursuant to rules and policies of the board of directors of the school district, shall be responsible for administration and operation of the attendance center to which the principal is assigned. b. The principal shall, pursuant to the policies adopted by the board of directors of the

school district, be responsible for the planning, management, operation, and evaluation of the educational program offered at the attendance center to which the principal is assigned and shall submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer, and dismissal of all personnel assigned to the attendance center. The principal shall perform such other duties as may be assigned by the superintendent. c. For purposes of this section and sections 279.23, 279.23A, 279.24, and 279.25, the term

“principal” includes school principals, associate principals, and assistant principals.

Sec. 43. Section 280.19A, Code 2017, is amended to read as follows: 280.19A Alternative options education programs — disclosure of records. 1. By January 15, 1995, each school district shall adopt a plan to provide alternative options

education programs to students who are either at risk of dropping out or have dropped out. An alternative options education program may be provided in a district, through a sharing agreement with a school in a contiguous district, or through an areawide program available at the community college serving the merged area in which the school district is located. Each area education agency shall provide assistance in establishing a plan to provide alternative education options to students attending a public school in a district served by the agency. 2. If a district has not adopted a plan as required in this section and implemented the plan

by January 15, 1996, the area education agency serving the district shall assist the district with developing a plan and an alternative options education program for the pupil. When a plan is developed, the district shall be responsible for the operation of the program and shall reimburse the area education agency for the actual costs incurred by the area education agency under this section. 3. Notwithstanding section 22.7, subsection 1, records kept regarding a student who

has participated in a program under this section shall be requested by school officials of a public or nonpublic receiving school in which the student seeks to enroll, and shall be provided by the sending school. A school official who receives information under this section shall disclose this information only to those school officials and employees whose duties require them to be involved with the student. A school official or employee who discloses information received under this section in violation of this paragraph subsection shall be subject to disciplinary action, including but not limited to reprimand, suspension, or termination. “School officials and employees” means those officials and persons employed

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by a nonpublic school or public school district, and area education agency staff members who provide services to schools or school districts.

Sec. 44. Section 282.18, subsection 11, Code 2017, is amended to read as follows: 11. A pupil who participates in open enrollment for purposes of attending a grade

in grades nine through twelve in a school district other than the district of residence is ineligible to participate in varsity interscholastic athletic contests and athletic competitions during the pupil’s first ninety school days of enrollment in the district except that the pupil may participate immediately in a varsity interscholastic sport if the pupil is entering grade nine for the first time and did not participate in an interscholastic athletic competition for another school or school district during the summer immediately following eighth grade, if the district of residence and the other school district jointly participate in the sport, if the sport in which the pupil wishes to participate is not offered in the district of residence, if the pupil chooses to use open enrollment to attend school in another school district because the district in which the student previously attended school was dissolved and merged with one or more contiguous school districts under section 256.11, subsection 12, if the pupil participates in open enrollment because the pupil’s district of residence has entered into a whole grade sharing agreement with another district for the pupil’s grade, or if the parent or guardian of the pupil participating in open enrollment is an active member of the armed forces and resides in permanent housing on government property provided by a branch of the armed services, or if the district of residence determines that the pupil was previously subject to a founded incident of harassment or bullying as defined in section 280.28 while attending school in the district of residence. A pupil who has paid tuition and attended school, or has attended school pursuant to a mutual agreement between the two districts, in a district other than the pupil’s district of residence for at least one school year is also eligible to participate immediately in interscholastic athletic contests and athletic competitions under this section, but only as a member of a team from the district that pupil had attended. For purposes of this subsection, “school days of enrollment” does not include enrollment in summer school. For purposes of this subsection, “varsity” means the same as defined in section 256.46.

Sec. 45. Section 306.9, Code 2017, is amended to read as follows: 306.9 Diagonal roads — restoring and improving existing roads. 1. It is the policy of the state of Iowa that relocation of primary highways through cultivated

land shall be avoided to the maximum extent possible. When the volume of traffic for which the road is designed or other conditions, including designation as part of the network of commercial and industrial highways, require relocation, diagonal routes shall be avoided if feasible and prudent alternatives consistent with efficient movement of traffic exist. 2. The improvement of two-lane roads shall utilize the existing right-of-way unless

alignment or other conditions, including designation as part of the network of commercial and industrial highways, make changes imperative, and when a two-lane road is expanded to a four-lane road, the normal procedure shall be that the additional right-of-way be contiguous to the existing right-of-way unless relocated for compelling reasons, including the need to provide efficient movement of traffic on the network of commercial and industrial highways. This policy does not apply to a highway project for which the corridor has been approved by the state department of transportation and the corridor has been finalized by September 1, 1977. 3. It is the policy of the state of Iowa that in constructing primary highways designed with

four-lane divided roadways, access controls shall be limited to the minimum level necessary, as determined by the department, to ensure the safe and efficient movement of traffic or to comply with federal aid requirements. 4. Unless otherwise required by the federal law or regulation, it is also the policy of this

state that road use tax fundmoneys shall be used to rehabilitate or reconstruct existing roads, streets, and bridges using substantially existing right-of-way. This paragraph subsection does not apply where additional right-of-way is needed for the construction or completion of designated interstate or city routes and highway bypasses or highways designated as part of the network of commercial and industrial highways.

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Sec. 46. Section 321A.1, subsection 11, Code 2017, is amended to read as follows: 11. “Proof of financial responsibility” means proof of ability to respond in damages for

liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle, in amounts as follows: a. With respect to accidents occurring on or after January 1, 1981, and prior to January 1,

1983, the amount of fifteen thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, the amount of thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and the amount of ten thousand dollars because of injury to or destruction of property of others in any one accident; and with. b. With respect to accidents occurring on or after January 1, 1983, the amount of twenty

thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, the amount of forty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and the amount of fifteen thousand dollars because of injury to or destruction of property of others in any one accident.

Sec. 47. Section 327G.79, Code 2017, is amended to read as follows: 327G.79 Valuing property in controversy. 1. The department of inspections and appeals’ determination and order shall be just and

equitable and in the case of the determination of the fair market value of the property, shall be based in part upon at least three independent appraisals prepared by certified appraisers. Each party shall select one appraiser and each appraisal shall be paid for by the party for whom the appraisal is prepared. The two appraisers shall select a third appraiser and the costs of this appraisal shall be divided equally between the parties. If the appraisers selected by the parties cannot agree on selection of a third appraiser, the state department of transportation shall appoint a third appraiser and the costs of this appraisal shall be divided equally between the parties. 2. The department of inspections and appeals’ determination and order is final for the

purpose of administrative review to the district court as provided in chapter 17A. The district court’s scope of review shall be confined to whether there is substantial evidence to support the department of inspections and appeals’ determination and order. 3. For purposes of this division subchapter, unless the context otherwise requires,

“department” means the state department of transportation.

Sec. 48. Section 331.210A, subsection 2, paragraph e, subparagraphs (1) and (2), Code 2017, are amended to read as follows: (1) The plan approved by the board of supervisors shall be submitted to the state

commissioner of elections for approval. If the state commissioner or the Iowa ethics and campaign disclosure board finds that the plan does not meet the standards of section 42.4, the state commissioner shall reject the plan, and the board of supervisors shall direct the commission to prepare and adopt an acceptable plan. (2) For purposes of determining whether the standards of section 42.4 have been met, an

eligible elector may file a complaint with the state commissioner of elections within fourteen days after a plan is approved by the board of supervisors of the county in which the eligible elector resides, on a form prescribed by the commissioner, alleging that the plan was drawn for improper political reasons as described in section 42.4, subsection 5. If a complaint is filed with the state commissioner of elections, the state commissioner shall forward the complaint to the Iowa ethics and campaign disclosure board established in section 68B.32 for resolution.

Sec. 49. Section 331.756, subsection 15, Code 2017, is amended to read as follows: 15. Review the report and recommendations of the Iowa ethics and campaign disclosure

board and proceed to institute the recommended actions or advise the board that prosecution is not merited, as provided in sections 68B.32C and 68B.32D.

Sec. 50. Section 355.7A, subsection 14, Code 2017, is amended to read as follows: 14. The acreage shall be shown for each parcel or tract included in a retracement plat

of survey to the nearest one-hundredth of an acre. If a parcel or tract described as part of the United States public land survey system and not entirely within an official plat

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lies within more than one forty-acre aliquot part of a section, the acreage shall be shown only for assessment and taxation purposes for each portion of the parcel that lies within each forty-acre aliquot part. The surveyor shall not be required to establish the location of the forty-acre aliquot line by survey but is required to use reasonable assumptions in determining its approximate location for assessment and taxation purposes. If appropriate, areas of parcels or tracts of less than one acre may be expressed in square feet to the nearest ten square feet.

Sec. 51. Section 400.15, Code 2017, is amended to read as follows: 400.15 Appointing powers. 1. All appointments or promotions to positions within the scope of this chapter other than

those of chief of police and chief of fire department shall be made: a. In cities under the commission form of government, by the superintendents of the

respective departments, with the approval of the city council; in. b. In cities under the city manager plan, by the city manager; in. c. In all other cities with the approval of the city council, and in. d. In the police and fire departments by the chiefs of the respective departments. 2. All such appointments or promotions shall promptly be reported to the clerk of the

commission by the appointing officer. An appointing authority may transfer an employee, other than police officers and fire fighters, from one department to the same civil service classification in another department, and such employee shall retain the same civil service status.

Sec. 52. Section 400.21, Code 2017, is amended to read as follows: 400.21 Notice of appeal. If the appeal be taken by the person suspended, demoted, or discharged, notice thereof,

signed by the appellant and specifying the ruling appealed from, shall be filed with the clerk of the commission; if by the person making such suspension, demotion, or discharge, such notice shall also be served upon the person suspended, demoted, or discharged.

Sec. 53. Section 403.9, subsection 3, paragraph a, Code 2017, is amended to read as follows: a. Bonds issued under this section shall be authorized by resolution or ordinance of

the local governing body and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates not exceeding that permitted by chapter 74A, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto.

Sec. 54. Section 437.9, Code 2017, is amended to read as follows: 437.9 County assessment — certification. The department of revenue shall, for the purpose of determining what amount shall be

assessed to any one of said the companies in each county of the state into which the line or lines of the company extend, multiply the assessed or taxable value per mile of line of said the company, as ascertained according to the provisions of this chapter, by the number of miles of line in each of said the counties, and the result thereof shall be by the department certified by the department to the several county auditors of the respective counties into, over, or through which said the line or lines extend.

Sec. 55. Section 437A.1, Code 2017, is amended to read as follows: 437A.1 Classification of chapter. The provisions of this chapter are classified and designated as follows: 1. Subchapter I Introductory Provisions. 2. Subchapter II Generation, Transmission, and Delivery Taxes.

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3. Subchapter III Statewide Property Tax. 4. Subchapter IV General Provisions.

Sec. 56. Section 455B.381, unnumbered paragraph 1, Code 2017, is amended to read as follows: As used in this part 4 of division IV, unless the context otherwise requires:

Sec. 57. Section 455B.474, subsection 2, paragraph a, subparagraph (1), Code 2017, is amended to read as follows: (1) (a) Financial responsibility required by this subsection may be established in

accordance with rules adopted by the commission by any one, or any combination, of the following methods: insurance, guarantee, surety bond, letter (i) Insurance. (ii) Guarantee. (iii) Letter of credit, or qualification. (iv) Qualification as a self-insurer. (b) In adopting requirements under this subsection, the commission may specify policy or

other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing the evidence of financial responsibility. 1

Sec. 58. Section 455B.474, subsection 3, paragraph c, Code 2017, is amended to read as follows: c. The material used in the construction or lining of the tank is compatible with the

substance to be stored. If soil tests conducted in accordance with ASTM (American society for testing and materials) international’s standard G57-78 or another standard approved by the commission show that soil resistivity in an installation location is twelve thousand ohm/cm or more (unless, unless a more stringent soil resistivity standard is adopted by rule of the commission) commission, a storage tank without corrosion protection may be installed in that location until the effective date of the standards adopted by the commission and after January 1, 1986.

Sec. 59. Section 461A.25, Code 2017, is amended to read as follows: 461A.25 Leases and easements. 1. The commission may recommend that the executive council lease property under the

commission’s jurisdiction. All leases shall reserve to the public of the state the right to enter upon the property leased for any lawful purpose. The council may, if it approves the recommendation and the lease to be entered into is for five years or less, execute the lease in behalf of the state and commission. If the recommendation is for a lease in excess of five years, with the exception of agricultural lands specifically dealt with in Article I, section 24 of the Constitution of the State of Iowa, the council shall advertise for bids. If a bid is accepted, the lease shall be let or executed by the council in accordance with the most desirable bid. The lease shall not be executed for a term longer than fifty years. Any such leasehold interest, including any improvements placed on it, shall be listed on the tax rolls as provided in chapters 428 and 443; and assessed and valued as provided in chapter 441; taxes shall be levied on it as provided in chapter 444 and collected as provided in chapter 445; and the leasehold interest is subject to tax sale, redemption, and apportionment of taxes as provided in chapters 446, 447 and 448. The lessee shall discharge and pay all taxes. 2. The commission shall adopt rules providing for granting easements to political

subdivisions and utility companies on state land under the jurisdiction of the department. An applicant for an easement shall provide the director with information setting forth the need for the easement, availability of alternatives, and measures proposed to prevent or minimize adverse impacts on the affected property. An easement shall be executed by the director, approved as to form by the attorney general, and if granted for a term longer than five years, approved by the commission.

1 See chapter 170, §38 herein

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3. For the purposes of this section, property under the commission’s jurisdiction does not include an area of the bed of a lake or river occupied by a dock or other appurtenance or means of access to a dock, including but not limited to boat hoists and boat slips, or occupied by a boat ramp, constructed or installed and maintained under littoral or riparian rights.

Sec. 60. Section 515.24, Code 2017, is amended to read as follows: 515.24 Tax — computation. For the purpose of determining the basis of any tax upon the “gross amount of premiums”

gross amount of premiums, or “gross receipts from premiums, assessments, fees, and promissory obligations” gross receipts from premiums, assessments, fees, and promissory obligations, now or hereafter imposed upon any fire or casualty insurance company under any law of this state, such gross amount or gross receipts shall consist of the gross written premiums or receipts for direct insurance, without including or deducting any amounts received or paid for reinsurance except that any company reinsuring windstorm or hail risks written by county mutual insurance associations shall be required to pay as a tax the applicable percent provided in section 432.1, calculated upon the gross amount of reinsurance premiums received upon such risks, but with such other deductions as provided by law, and in addition deducting any so-called dividend or return of savings or gains to policyholders; provided that as to any deposits or deposit premiums received by any such company, the taxable premiums shall be the portion of such deposits or deposit premiums earned during the year with such deductions therefrom as provided by law.

Sec. 61. Section 515.48, subsection 1, paragraph a, subparagraphs (1), (2), (3), (4), (5), (6), and (7), Code 2017, are amended to read as follows: (1) Explosion of pressure vessels, not including steam boilers of more than fifteen pounds

pressure, in buildings designed and used solely for residential purposes by not more than four families;. (2) Explosion of any kind originating outside of the insured building or outside of the

building containing the property insured; and. (3) Explosion of pressure vessels which do not contain steam or which are not operated

with steam coils or steam jackets; and. (4) Loss or damage by insects or disease to farm crops or products, and loss of rental value

of land used in producing such crops or products; and. (5) Accidental injury to sprinklers, pumps, water pipes, elevator tanks and cylinders, steam

pipes and radiators, plumbing and its fixtures, ventilating, refrigerating, heating, lighting, or cooking apparatus, or their connections, or conduits or containers of any gas, fluid, or other substance; and. (6) Loss or damage to property of the insured caused by the breakage or leakage or by

water, hail, rain, sleet, or snow seeping or entering through water pipes, leaks, or openings in buildings; and. (7) Loss of and damage to glass, including lettering and ornamentation thereon, and

against loss or damage caused by the breakage of glass; and.

Sec. 62. Section 522B.11, subsection 7, paragraph b, Code 2017, is amended to read as follows: b. The general assembly declares that the holding of Langwith v. Am. Nat’l Gen. Ins.

Co., (No. 08-0778) 793 N.W. 2d 215 (Iowa 2010) is abrogated to the extent that it overrules Sandbulte and imposes higher or greater duties and responsibilities on insurance producers than those set forth in Sandbulte.

Sec. 63. Section 523I.316, subsection 2, Code 2017, is amended to read as follows: 2. Disturbance of interment spaces — penalty. A person who knowingly and without

authorization damages, defaces, destroys, or otherwise disturbs an interment space commits criminal mischief in the third degree under section 716.5. Criminal mischief in the third degree is an aggravated misdemeanor.

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Sec. 64. Section 554.7304, subsection 5, Code 2017, is amended to read as follows: 5. The bailee shall deliver in accordance with Part part 4 against the first presented part

of a tangible bill of lading lawfully issued in a set. Delivery in this manner discharges the bailee’s obligation on the whole bill.

Sec. 65. Section 554.7503, subsection 3, Code 2017, is amended to read as follows: 3. Title to goods based upon a bill of lading issued to a freight forwarder is subject to

the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with Part part 4 pursuant to its own bill of lading discharges the carrier’s obligation to deliver.

Sec. 66. Section 554.8102, subsection 1, paragraph q, Code 2017, is amended to read as follows: q. “Security entitlement” means the rights and property interest of an entitlement holder

with respect to a financial asset specified in Part part 5.

Sec. 67. Section 554.8104, subsection 3, Code 2017, is amended to read as follows: 3. A person who acquires a security entitlement to a security or other financial asset has

the rights specified in Part part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in section 554.8503.

Sec. 68. Section 554.9805, subsection 5, Code 2017, is amended to read as follows: 5. Application of Part part 5. A financing statement that includes a financing statement

filed before July 1, 2013, and a continuation statement filed on or after July 1, 2013, is effective only to the extent that the financing statement satisfies the requirements of Part part 5, as amended by 2012 Acts, ch. 1052, for an initial financing statement. A financing statement that indicates that the debtor is a decedent’s estate indicates that the collateral is being administered by a personal representative within the meaning of section 554.9503, subsection 1, paragraph “b”, as amended by 2012 Acts, ch. 1052. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of section 554.9503, subsection 1, paragraph “c”, as amended by 2012 Acts, ch. 1052.

Sec. 69. Section 554.9806, subsection 3, paragraph a, Code 2017, is amended to read as follows: a. satisfy the requirements of Part part 5, as amended by 2012 Acts, ch. 1052, for an initial

financing statement;

Sec. 70. Section 554.13501, subsection 5, Code 2017, is amended to read as follows: 5. If the lease agreement covers both real property and goods, the party seeking

enforcement may proceed under this Part part as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party’s rights and remedies in respect of the real property, in which case this Part part does not apply.

Sec. 71. Section 820.23, Code 2017, is amended to read as follows: 820.23 Application for extradition. 1. When the return to this state of a person charged with crime in this state is required,

the prosecuting attorney shall present to the governor the prosecuting attorney’s written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against the person, the approximate time, place and circumstances of its commission, the state in which the person is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. 2. When the return to this state is required of a person who has been convicted of a

crime in this state and has escaped from confinement or broken the terms of the person’s

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bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which the person was convicted, the circumstances of the person’s escape from confinement or of the breach of the terms of the person’s bail, probation, or parole, the state in which the person is believed to be, including the location of the person therein at the time application is made. 3. The application shall be verified by affidavit, shall be executed in duplicate and shall be

accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden, or sheriff may also attach such further affidavits and other documents in duplicate as the prosecuting officer, parole board, warden, or sheriff shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor’s requisition.

DIVISION II CORRESPONDING CHANGES

Sec. 72. Section 232.103, subsection 7, Code 2017, is amended to read as follows: 7. With respect to a temporary transfer order made pursuant to section 232.102, subsection

4 5, if the court finds that removal of a child from the Iowa juvenile home is necessary to safeguard the child’s physical or emotional health and is in the best interests of the child, the court shall grant the director’s motion for a new dispositional order to place the child in a facility which has been designated to be an alternative placement site for the juvenile home.

Sec. 73. Section 232.104, subsection 1, paragraph a, subparagraph (2), Code 2017, 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 14, the permanency hearing shall be held within thirty days of the date the requirements were waived.

Sec. 74. Section 232.182, subsection 5, unnumbered paragraph 1, Code 2017, is amended to read as follows: After the hearing is concluded, the court shall make and file written findings as to whether

reasonable efforts, as defined in section 232.102, subsection 10 12, have been made and whether the voluntary foster family care placement is in the child’s best interests.

Sec. 75. Section 234.6, subsection 1, paragraph e, subparagraph (3), Code 2017, is amended to read as follows: (3) Family-centered services, as defined in section 232.102, subsection 10 12, paragraph

“b”.

DIVISION III CODE EDITOR DIRECTIVES

Sec. 76. CODE EDITOR DIRECTIVES. 1. Sections 502.510, 514B.17A, and 654.17, Code 2017, are amended by striking the word

“recision” and inserting in lieu thereof the word “rescission”. 2. Sections 15.318, subsection 4; 15.354, subsection 5; 29C.3, subsection 3; 29C.6,

subsection 1; 144.13, subsection 4, paragraph “c”; 202C.2, subsection 4; 252A.3A, subsections 6, 7, 8, and 12; 489.111, subsection 4; 490.732, subsection 3; 502.202, subsection 19; 502.603, subsection 2, paragraph “b”, subparagraph (3); 508E.10, subsection 3; 523A.602, subsection 1, paragraph “b”, unnumbered paragraph 1; 523A.602, subsection 1, paragraph “c”; 535.17,

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subsection 5, paragraph “f”; 551A.3, subsection 3, paragraph “c”, subparagraph (15), subparagraph division (b); 551A.8, subsection 1; 558.71, subsection 3; and 714F.4, subsection 1, Code 2017, are amended by striking the word “recision” and inserting in lieu thereof the word “rescission”. 3. Sections 15E.41, 15E.42, 15E.67, 15E.69, 15E.71, 15E.201, 15E.204, 15E.211, 15E.301,

15E.302, 124.404, 124.550, 124.557, 124.558, 125.75A, 125.77, 125.90, 135B.19, 135B.21, 135B.23, 135B.24, 135B.31, 261.42, 261A.33, 261A.35, 261A.36, 261A.39, 261A.40, 261A.41, 261A.44, 261A.46, 261A.47, 261A.48, 261A.49, 261A.50, 266.41, 266.42, 266.46, 327G.1, 327G.61, 427B.22, 515F.30, 515F.33, 515F.37, 515F.38, 904.704, 904.806, 904.812, and 904.907, Code 2017, are amended by striking the word “division” and inserting in lieu thereof the word “subchapter”. 4. Sections 15E.43, subsection 6; 15E.46, subsections 1 and 3; 15E.61, subsection 2,

unnumbered paragraph 1; 15E.62, unnumbered paragraph 1; 15E.62, subsection 5; 15E.63, subsections 1 and 9; 15E.64, subsections 1, 3, 4, and 7; 15E.66, subsections 2, 4, and 6; 15E.72, subsection 3, paragraph “a”; 15E.72, subsection 4, paragraph “a”; 15E.72, subsection 5, paragraph “a”; 15E.72, subsection 7; 15E.72, subsection 11, unnumbered paragraph 1; 15E.202, unnumbered paragraph 1; 15E.202, subsection 11; 15E.203, subsections 2 and 3; 15E.206, subsection 3, paragraph “b”; 15E.207, unnumbered paragraph 1; 15E.207, subsection 2, paragraph “b”, subparagraph (3); 15E.208, subsection 3, unnumbered paragraph 1; 15E.208, subsection 3, paragraph “b”, subparagraph (2), subparagraph divisions (c), (d), and (e); 15E.208, subsection 5, paragraph “d”, unnumbered paragraph 1; 15E.208, subsection 6, paragraph “a”; 15E.303, unnumbered paragraph 1; 15E.362, subsection 1, unnumbered paragraph 1; 15E.362, subsection 1, paragraph “d”; 124.101, subsection 5; 124.201, subsection 1, paragraph “h”; 124.302, subsection 2; 124.303, subsection 3; 124.402, subsection 1, paragraph “a”; 124.551, subsection 1; 124.553, subsections 3 and 5; 124.554, subsection 1, unnumbered paragraph 1; 125.89, subsection 2; 125.92, unnumbered paragraph 1; 135B.20, unnumbered paragraph 1; 261.9, subsection 7; 261.15, subsection 2; 261.35, unnumbered paragraph 1; 261.36, unnumbered paragraph 1; 261.37, unnumbered paragraph 1; 261.37, subsections 5 and 7; 261.87, subsection 1, unnumbered paragraph 1; 261.102, subsection 7; 261A.32, subsection 3; 261A.34, unnumbered paragraph 1; 261A.34, subsections 1 and 2; 261A.42, subsections 2 and 4; 266.40, unnumbered paragraph 1; 266.47, subsection 1, paragraph “a”, subparagraph (1); 372.1, subsections 2 and 3; 427B.19A, subsection 1; 427B.20, subsection 1, unnumbered paragraph 1; 491.111, subsection 1, paragraph “b”, subparagraph (3); 515F.31, unnumbered paragraph 1; 904.801, unnumbered paragraph 1; and 904.802, unnumbered paragraph 1, Code 2017, are amended by striking the word “division” and inserting in lieu thereof the word “subchapter”. 5. Section 515F.3, subsection 2, unnumbered paragraph 1, Code 2017, is amended by

striking the word “divisions” and inserting in lieu thereof the word “subchapters”. 6. The Code editor shall change Code chapter division designations to subchapter

designations and correct internal references as necessary in the following Code chapters: a. 15E. b. 124. c. 125. d. 135B. e. 261. f. 261A. g. 266. h. 327G. i. 368. j. 372. k. 427B. l. 491. m. 507C. n. 515F. o. 524. p. 904.

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7. The Code editor shall change the Code chapter division designations to article designations and correct internal references as necessary in the following Code chapter: a. 562B. 8. The Code editor shall designate unnumbered Code chapter headings as numbered

subchapters and correct internal references as necessary within the following Code chapters: a. 2. b. 8. c. 8B. d. 11. e. 29B. f. 100. g. 135C. h. 192. i. 226. j. 275. k. 306. l. 306A. 9. The Code editor is directed to number unnumbered paragraphs within sections 1.4,

8A.373, 12.44, 20.26, 28E.39, 29A.10, 29A.18, 29A.34, 29A.58, 29A.79, 29B.2, 29B.27, 29B.32, 29B.33, 29B.39, 29B.44, 29B.45, 29B.59, 29B.67, 29B.68, 29B.71, 29B.77, 29B.120, 37.20, 43.52, 43.88, 43.100, 43.111, 43.115, 50.11, 50.22, 59.1, 65.10, 73A.15, 80B.15, 85.43, 86.10, 86.12, 86.13A, 88A.2, 97B.66, 99A.6, 99D.8, 100.35, 103A.12, 103A.13, 103A.23, 135B.6, 137C.25E, 137F.5, 144.15, 144.37, 144.45, 152B.11, 164.21, 166A.2, 166D.14, 169.9, 169.12, 174.2, 183A.6, 191.3, 192.103, 194.4, 202B.402, 208.19, 216.3, 218.4, 234.12, 236.11, 256.45, 257.19, 260C.38, 261.3, 262.69, 262.82, 272.7, 275.26, 275.31, 275.51, 279.8A, 279.12, 280.13A, 294.12, 298.11, 298.14, 298.22, 299A.6, 306.30, 306.53, 308A.1, 312.3C, 312.15, 313A.12, 313A.31, 321.465, 322.8, 322A.10, 327D.66, 327G.78, 328.20, 350.6, 351.37, 352.1, 354.23, 356.3, 356.43, 358.18, 358.24, 362.4, 364.5, 364.11, 368.3, 372.7, 373.8, 384.7, 384.51, 394.1, 394.4, 400.4, 400.12, 400.13, 400.27, 403A.11, 410.1, 414.23, 414.24, 414.25, 452A.72, 904.706, and 905.8, Code 2017, in accordance with established Code section hierarchy and correct internal references in the Code and in any enacted Iowa Acts, as necessary.

Approved April 12, 2017

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