General Assembly: 83 (2009 Regular GA) - Chapter 133 - Substantive Code corrections


Published: 2009-05-22

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486LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 132

mutuel wagering pursuant to chapter 99D,; the governing body of a drainage or levy2 district as provided in chapter 468, including a board as defined in section 468.3, regardless of how thedistrict is organized; or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of this chapter.

Sec. 3. Section 331.325, subsection 1, Code 2009, is amended to read as follows: 1. As used in this section, “pioneer cemetery” means a cemetery where there have been six

twelve or fewer burials in the preceding fifty years.

Sec. 4. Section 359.17, subsection 2, Code 2009, is amended to read as follows: 2. A board of township trustees shall give prior notice of a meeting to discuss, deliberate,

or act upon amatter relating to the budget or a tax levy of the township or relating to the trust- ees’ duty to provide fire protection service and, if provided, emergencymedical service, pursu- ant to section 359.42. The trustees shall give notice of suchmeeting at least forty-eight twenty- four hours preceding the commencement of the meeting. However, a notice is not required pursuant to this subsection when the trustees gather for minor or ministerial matters relating to the trustees’ duty for providing such fire protection service or emergency medical service. The notice shall state the time, date, and place of the meeting and the proposed agenda. The notice shall be provided to the county auditor who shall post the notice in an area of the court- house where notices to the public are commonly posted.

Sec. 5. Section 523I.102, subsection 39, Code 2009, is amended to read as follows: 39. “Pioneer cemetery” means a cemetery where there were six twelve or fewer burials in

the preceding fifty years.

Approved May 22, 2009

_________________________

CH. 133CH. 133

CHAPTER 133 SUBSTANTIVE CODE CORRECTIONS

S.F. 449

ANACT relating to statutory correctionswhichmay adjust language to reflect current practic- es, insert earlier omissions, delete redundancies and inaccuracies, delete temporary lan- guage, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambi- guities, and including effective and applicability date provisions.

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

DIVISION I MISCELLANEOUS PROVISIONS

Section 1. Section 6B.14, subsection 1, Code 2009, is amended to read as follows: 1. The commissioners shall, at the time fixed in the aforesaid notices required under section

6B.8, view the land sought to be condemned and assess the damageswhich the owner will sus- tain by reason of the appropriation. The commission shall file its written report, signed by all commissioners, with the sheriff. At the request of the condemner or the condemnee, the com- mission shall divide the damages into parts to indicate the value of any dwelling, the value of the land and improvements other than a dwelling, and the value of any additional damages.

___________________ 2 See chapter 179, §32 herein

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The appraisement and returnmaybe inparcels larger than forty acres belonging to oneperson and lying in one tract, unless the agent or attorney of the applicant, or the commissioners, have actual knowledge that the tract does not belongwholly to the person inwhose name it appears of record; and in case of such knowledge, the appraisement shall bemade of the different por- tions as they are known to be owned.

Sec. 2. Section 9D.1, Code 2009, is amended to read as follows: 9D.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. “Applicant” means a person applying for registration under this chapter. 2. “Customer” means a person who is offered or who purchases travel services. 3. “Doing business” in this state means any of the following: a. Offering to sell or selling travel services, if the offer is made or received within the state. b. Offering toarrangeor arranging travel services for a feeor commission, direct or indirect,

if the offer is made or received in this state. c. Offering to award or awarding travel services as a prize or award, if the offer or award

is made in or received in this state. 3. 4. “Registrant” means a person registered pursuant to this chapter. 4. 5. “Secretary” means the secretary of state. 5. 6. “Solicitation” means contact by a travel agency or travel agent of a customer for the

purpose of selling or offering to sell travel services. 6. 7. “Travel agency”means a personwho represents, directly or indirectly, that the person

is offering or undertaking by any means or method, to provide travel services for a fee, com- mission, or other valuable consideration, direct or indirect. 7. 8. “Travel agent”means a person employed by a travel agency whose principal duties in-

clude consulting with and advising persons concerning travel arrangements or accommoda- tions. 8. 9. “Travel services” means arranging or booking vacation or travel packages, travel res-

ervations or accommodations, tickets for domestic or foreign travel by air, rail, ship, bus, or other medium of transportation, or hotel or other lodging accommodations. Travel services include travel related prizes or awards for which the customermust pay a fee or, in connection with the prize or award, expend moneys for the direct or indirect monetary benefit of the per- son making the award, in order for the customer to collect or enjoy the benefits of the prize or award.

Sec. 3. Section 9D.2, subsections 4 through 9, Code 2009, are amended to read as follows: 4. “Doing business” in this state, for purposes of this chapter, means any of the following: a. Offering to sell or selling travel services, if the offer is made or received within the state. b. Offering to arrange, or arranging, travel services for a fee or commission, direct or indi-

rect, if the offer is made or received in this state. c. Offering to, or awarding travel services as a prize or award, if the offer or award is made

in or received in this state. 5. 4. An applicant shall complete an application for registration formprovided by the secre-

tary. The application formmust be accompanied by the required bond or evidence of financial responsibility and the registration fee. The application form shall include all of the following information: a. The name and signature of an officer or partner of a business entity or the names and sig-

natures of the principal owner and operator if the agency is a sole proprietorship. b. The name, address, and telephone number of the applicant and the name of all travel

agents employed by the applicant travel agency. c. The name, address, and telephone number of any person who owns or controls, directly

or indirectly, ten percent or more of the applicant. d. If the applicant is a foreign corporation or business, the nameand address of the corpora-

tion’s agent in this state for service of process.

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e. Any additional information required by rule adopted by the secretary pursuant to chapter 17A. 6. 5. The application form shall be accompanied by awritten irrevocable consent to service

of process. The consent must provide that actions in connection with doing business in this statemay be commenced against the registrant in the proper jurisdiction in this state inwhich the cause of actionmay arise, or in which the plaintiff may reside, by service of process on the secretary as the registrant’s agent and stipulating and agreeing that such service of process shall be taken and held in all courts to be as valid and binding as if service of process had been made upon the person according to the laws of this or any other state. The consent to service of process shall be in such form and supported by such additional information as the secretary may by rule require. 7. 6. Anannual registration fee as establishedby the secretary by rule is required at the time

the application for registration form is filedwith the secretary, and on or before the anniversa- ry date of the effective date of registration for each subsequent year. The registration fee shall be established at a rate deemed reasonably necessary by the secretary to support the adminis- tration of this chapter, but not to exceed fifteen dollars per year per agency. If an applicant or a registrant fails to pay the annual registration fee, the application for registration or regis- tration lapses and becomes ineffective. 8. 7. A registrant shall submit to the secretary corrections to the information supplied in the

registration form within a reasonable time after a change in circumstances, which circum- stances would be required to be reported in an application for registration form, except travel agents’ names as required in subsection 5 4, paragraph “b”. The names of travel agents shall be updated at the time of annual registration. 9. 8. The secretary may revoke or suspend a registration for cause subject to the contested

case provisions of chapter 17A.

Sec. 4. Section 10.1, subsections 9 and 17, Code 2009, are amended to read as follows: 9. “Farmers cooperative limited liability company” means a limited liability company orga-

nized under chapter 489 or 490A, if cooperative associations hold one hundred percent of all membership interests in the limited liability company. Farmers cooperative associationsmust hold at least seventy percent of all membership interests in the limited liability company. If more than one type of membership interest is established, including any series as provided in section 489.1201 or 490A.305 or any class or group as provided in section 489.1201 or 490A.307, farmers cooperative associations must hold at least seventy percent of all member- ship interests of that each type. 17. “Networking farmers limited liability company”means a limited liability company, oth-

er than a family farm limited liability company as defined in section 9H.1, organized under chapter 489 or 490A if all of the following conditions are satisfied: a. Qualified farmers must hold at least fifty-one percent of all membership interests in the

limited liability company. Ifmore than one type ofmembership interest is established, includ- ing any series as provided in section 489.1201 or 490A.305 or any class or group as provided in section 489.1201 or 490A.307, qualified farmers must hold at least fifty-one percent of all membership interests of that each type. b. Qualified persons must hold at least seventy percent of all membership interests in the

limited liability company. Ifmore than one type ofmembership interest is established, includ- ing any series as provided in section 489.1201 or 490A.305 or any class or group as provided in section 489.1201 or 490A.307, qualified persons must hold at least seventy percent of all membership interests of that each type.

Sec. 5. Section 15.103, subsection 1, paragraph b, unnumbered paragraph 1, Code 2009, is amended to read as follows: Each of the following areas of expertise shall be represented by at least one voting member

of the board who has professional experience in that area of expertise:

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Sec. 6. Section 15.103, subsection 1, paragraph c, Code 2009, is amended to read as fol- lows: c. At least nine of the votingmembers of the board shall be actively employed in the private,

for-profit sector of the economy.

Sec. 7. Section 15.247, subsection 2, Code 2009, is amended to read as follows: 2. A “targeted small business financial assistance program account” program” is estab-

lishedwithin the department. A targeted small business financial assistance programaccount is established within the strategic investment fund created in section 15.313, to allow the de- partment to provide for loans, loan guarantees, or grants to eligible targeted small businesses. a. A targeted small business in any year shall receive under this programnotmore than fifty

thousand dollars in a loan, grant, or guarantee, or a combination of loans, grants, or guaran- tees. A grant shall only be awarded when additional financing is secured by the applicant. In order to receive a grant, the applicantmust demonstrate aminimumof tenpercent cash invest- ment in the project. A targeted small business shall not receive a grant, loan, or guarantee, or a combination of grants, loans, or guarantees under the program that provide more than ninety percent funding of a project. b. The program shall provide guarantees not to exceed eighty percent for loans of up to

seven years made by qualified lenders. The department shall establish a financial assistance reserve account from funds allocated to the program account, from which any default on a guaranteed loan under this section shall be paid. In administering the program the depart- ment shall not guarantee loan values in excess of the amount credited to the reserve account andonlymoneys set aside in the loan reserve accountmaybeused for thepayment of a default. c. The department shall maintain records of all financial assistance approved pursuant to

this section and information regarding the effectiveness of the financial assistance in estab- lishing or expanding small business ventures.

Sec. 8. Section 16.1, subsection 1, paragraph ac, Code 2009, is amended to read as follows: ac. “Powers”means all of thegeneral and specific powers of the authority as provided in this

chapter and which shall be broadly and liberally interpreted to authorize the authority to act in accordance with the goals of the authority and in a manner consistent with the legislative findings and guiding principles which are reasonably necessary.

Sec. 9. Section 24.20, Code 2009, is amended to read as follows: 24.20 TAX RATES FINAL. The several tax rates and levies of themunicipalities thus amunicipality that are determined

and certified in themanner provided in sections 24.1 through 24.19, except such tax rates and levies as are authorized by a vote of the people, shall stand as the tax rates and levies of said municipality for the ensuing fiscal year for the purposes set out in the budget.

Sec. 10. Section 26.14, subsection 3, paragraph c, Code 2009, is amended to read as fol- lows: c. If a public improvement may be performed by an employee of the governmental entity,

the amount of estimated sales and fuel tax and the premium cost for the performance and pay- ment bond which a contractor identifies in its quotation shall be deducted from the contrac- tor’s price for determining the lowest responsive, responsible quotation. If no quotations are received toperform thework, or if thegovernmental entity’s estimated cost to do theworkwith its employee is less than the lowest responsive, responsible quotation received, the govern- mental entity may authorize its employee or employees to perform the work.

Sec. 11. Section 42.3, subsection 1, paragraph b, Code 2009, is amended to read as follows: b. However, if the population data for legislative districting which the United States census

bureau is required to provide this state under Pub. L. No. 94-171 and, if used by the legislative services agency, the corresponding topologically integrated geographic encoding and refer-

490LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

encing data file for that population data are not available to the legislative services agency on or before February 15of the year ending inone, thedates set forth in this subsectionparagraph “a” shall be extended by a number of days equal to the number of days after February 15 of the year ending in one that the federal census population data and the topologically integrated geographic encoding and referencing data file for legislative districting become available.

Sec. 12. Section 42.3, subsection 2, Code 2009, is amended to read as follows: 2. If the bill embodying the plan submitted by the legislative services agency under subsec-

tion 1 fails to be enacted, the legislative services agency shall prepare a bill embodying a sec- ond plan of legislative and congressional districting. The bill shall be prepared in accordance with section 42.4, and, insofar as it is possible to do sowithin the requirements of section 42.4, with the reasons cited by the senate or house of representatives by resolution, or the governor by veto message, for the failure to approve the plan. If a second plan is required under this subsection, the bill embodying it shall be delivered to the secretary of the senate and the chief clerk of the house of representatives not later than thirty-five days after the date of the vote by which the senate or the house of representatives fails to approve the bill submitted under subsection 1, or the date the governor vetoes or fails to approve the bill. If it is necessary to submit a bill under this subsection, the bill shall be brought to a vote not less than seven days after the bill is submitted and made available to the members of the general assembly, under a procedure or rule permitting no amendments except those of a purely corrective nature. It is further the intent of this chapter that if the bill is approved by the first house in which it is considered, it shall expeditiously be brought to a vote in the second house under a similar pro- cedure or rule. If the bill embodying the plan submitted by the legislative services agency un- der this subsection fails to be approved by a constitutional majority in either the senate or the house of representatives, the secretary of the senate or the chief clerk of the house, as the case may be, shall transmit to the legislative services agency in the same manner as described in subsection 1, information which the senate or house may direct by resolution regarding rea- sons why the plan was not approved in the same manner as described in subsection 1.

Sec. 13. Section 46.2A, subsections 1 and 8, Code 2009, are amended to read as follows: 1. As used in this section, “congressional district” means those districts established follow-

ing the 2010 federal decennial census and described in chapter 42 40. 8. If the number of congressional districts established following the 2010 federal decennial

census and described in chapter 42 40 is not equal to four, then the procedures set out in this section are void and this section is repealed effective June 30, 2012.

Sec. 14. Section 49.36, Code 2009, is amended to read as follows: 49.36 CANDIDATES OF NONPARTY ORGANIZATION. The term “group of petitioners” as used in the foregoing sections 49.32 and 49.35 shall em-

brace an organization which is not a political party as defined by law.

Sec. 15. Section 52.25, subsection 2, Code 2009, is amended to read as follows: 2. The question, amendment, ormeasure, and or summaries thereof, shall be printed on the

special paper ballots or on the inserts used in the voting machines. In no case shall the font size be less than ten point type.

Sec. 16. Section 62.1A, Code 2009, is amended to read as follows: 62.1A CONTEST COURT ESTABLISHED. The court for the trial of contested county elections shall consist of one person member

named by the contestant and one person member named by the incumbent. If the incumbent fails to name a judgemember, the chief judge of the judicial district shall be notified of the fail- ure to appoint. The chief judge shall designate the second judgememberwithin oneweekafter the chief judge is notified. These two judges members shall meet within three days and select a third person member to serve as the presiding officer member of the court. If they cannot

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agree on the third member of the court within three days after their initial meeting, the chief judge of the judicial district shall be notified of the failure to agree. The chief judge shall desig- nate the presiding judge member within one week after the chief judge is notified.

Sec. 17. Section 62.2, Code 2009, is amended to read as follows: 62.2 JUDGES CONTEST COURT MEMBERS SWORN. Judges Members of the contest court shall be sworn in the same manner and form as trial

jurors are sworn in trials of civil actions. When a judge member fails to appear on the day of trial, that judge’smember’s placemaybe filled by another the appointment of anothermember under the same rule.

Sec. 18. Section 68B.22, subsection 4, paragraph e, Code 2009, is amended to read as fol- lows: e. Anything available or distributed free of charge tomembers of the general publicwithout

regard to the official status of the recipient. This paragraph shall not apply to receptions func- tions described under paragraph “s”.

Sec. 19. Section 73.16, subsection 2, paragraph b, Code 2009, is amended to read as fol- lows: b. The director of an agency or department of state government that has established a pro-

curement goal as required under this subsection shall provide a report within fifteen business days following the end of each calendar quarter to the targeted small business marketing and compliance manager of the department of economic development, providing the total dollar amount of certifiedpurchases fromcertified targeted small businesses during theprevious cal- endar quarter. The required report shall be made in a form approved by the targeted small businessmarketing and compliancemanager. The first quarterly report shall be for the calen- dar quarter ending September 30, 2007.

Sec. 20. Section 75.1, subsection 1, paragraph b, Code 2009, is amended to read as follows: b. All ballots Ballots cast and but not counted as a vote for or against the proposition shall

not be used in computing the total vote cast for and against said proposition.

Sec. 21. Section 85.59, Code 2009, is amended to read as follows: 85.59 BENEFITS FOR INMATES AND OFFENDERS. 1. For the purposes of this section, the term “inmate”: a. “Inmate” includes a: (1) A person confined in a reformatory, state penitentiary, release center, or other state pe-

nal or correctional institution while that person works in connection with the maintenance of the institution, in an industrymaintained in the institution, or in an industry referred to in sec- tion 904.809, or while on detail to perform services on a public works project. (2) For purposes of this section, “inmate” includes a A person who is performing unpaid

community service under the direction of the district court, board of parole, or judicial district department of correctional services, or an inmate providing services pursuant to a chapter 28E agreement entered into pursuant to section 904.703, or who is performing a work assignment of value to the state or to the public under chapter 232. For purposes of this section, “unpaid b. “Unpaid community service under the direction of the district court” includes but is not

limited to community service ordered and performed pursuant to section 598.23A. 2. For purposes of this section, an inmate on a work assignment under section 904.703

working in construction ormaintenance at a public or charitable facility, or under assignment to another agency of state, county, or local government, shall be considered an employee of the state. 3. a. If an inmate is permanently incapacitated by injury in the performance of the inmate’s

work in connection with the maintenance of the institution, in an industry maintained in the institution, or in an industry referred to in section 904.809, while on detail to perform services

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on a public works project, or while performing services authorized pursuant to section 904.809, or is permanently or temporarily incapacitated in connection with the performance of unpaid community service under the direction of the district court, board of parole, or judi- cial district department of correctional services, or in connectionwith the provision of services pursuant to a chapter 28E agreement entered into pursuant to section 904.703, or who is per- forming awork assignment of value to the state or to the public under chapter 232, that inmate shall be awarded only the benefits provided in section 85.27 and section 85.34, subsections 2 and 3. Theweekly rate for such permanent disability is equal to theminimum rate as provided in this chapter. b. Weekly compensation benefits under this section may be determined prior to the in-

mate’s release from the institution, but payment of benefits to an inmate shall commence as of the time of the inmate’s release from the institution either upon parole or final discharge. However, if the inmate is awarded benefits for an injury incurred in connection with the per- formance of unpaid community service under the direction of the district court, board of pa- role, or judicial district department of correctional services, or in connectionwith theprovision of services pursuant to a chapter 28E agreement entered into pursuant to section 904.703, or who is performing a work assignment of value to the state or to the public under chapter 232, weekly compensation benefits under this section shall be determined and paid as in other workers’ compensation cases. c. If an inmate is receiving benefits under the provisions of this section and is recommitted

to an institution covered by this section, the benefits shall immediately cease. If benefits cease because of the inmate’s recommitment, the benefits shall resume upon subsequent release from the institution. d. If death results from the injury, death benefits shall be awarded and paid to the depen-

dents of the inmate as in other workers’ compensation cases except that the weekly rate shall be equal to sixty-six and two-thirds percent of the state average weekly wage paid employees as determined by the department of workforce development under section 96.19, subsection 36, and in effect at the time of the injury. 4. Payment under this section shall be made promptly out of appropriations which have

beenmade for that purpose, if any. An amount or part thereof which cannot be paid promptly from the appropriation shall be paid promptly out ofmoney in the state treasury not otherwise appropriated. 5. The time limit for commencing an original proceeding to determine entitlement to bene-

fits under this section is the same as set forth in section 85.26. If an injury occurs to an inmate so as to qualify the inmate for benefits under this section, notwithstanding the fact that pay- ments of weekly benefits are not commenced, an acknowledgment of compensability shall be filedwith theworkers’ compensationcommissionerwithin thirty daysof the time the responsi- ble authority receives notice or knowledge of the injury as required by section 85.23. 6. If a dispute arises as to the extent of disabilitywhen anacknowledgment of compensabili-

ty is on file or when an award determining liability has beenmade, an action to determine the extent of disabilitymust be commencedwithin one year of the time of the release of the inmate from the institution. This does not bar the right to reopen the claim as provided by section 85.26, subsection 2. 7. Responsibility for the filings required by chapter 86 for injuries resulting in permanent

disability or death and as modified by this section shall be made in the same manner as for other employees of the institution.

Sec. 22. Section 85.66, Code 2009, is amended to read as follows: 85.66 SECOND INJURY FUND — CREATION — CUSTODIAN. 1. The “Second Injury Fund” second injury fund is hereby established under the custody of

the treasurer of state and shall consist of payments to the fund as provided by this division and any accumulated interest and earnings on moneys in the second injury fund. 2. The treasurer of state is charged with the conservation of the assets of the second injury

fund. Moneys collected in the second injury fund shall be disbursed only for the purposes stat- ed in this division, and shall not at any time be appropriated or diverted to any other use or

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purpose. The treasurer of state shall invest any surplusmoneys of the fund in securities which constitute legal investments for state funds under the laws of this state, and may sell any of the securities in which the fund is invested, if necessary, for the proper administration or in the best interests of the fund. Disbursements Except for reimbursements to the attorney gen- eral provided for in section 85.67, disbursements from the fund shall be paid by the treasurer of state only upon thewrittenorder of theworkers’ compensation commissioner. The attorney general shall be reimbursed up to one hundred fifty thousand dollars annually from the fund for servicesprovided related to the fund. The treasurer of state shall invest any surplusmoneys of the fund in securities which constitute legal investments for state funds under the laws of this state, and may sell any of the securities in which the fund is invested, if necessary, for the proper administration or in the best interests of the fund. 3. The treasurer of state shall quarterly prepare a statement of the fund, setting forth the

balance of moneys in the fund, the income of the fund, specifying the source of all income, the payments out of the fund, specifying the various items of payments, and setting forth the bal- ance of the fund remaining to its credit. The statement shall be open to public inspection in the office of the treasurer of state.

Sec. 23. Section 89.11, Code 2009, is amended to read as follows: 89.11 INJUNCTION. 1. In addition to all other remedies, if any owner, user, or person in charge of any equipment

covered by this chapter continues to use any equipment covered by this chapter, after receiv- ing an inspection report identifying defects and exhausting appeal rights as provided by this chapter without first correcting the defects or making replacements, the commissioner may apply to the district court by petition in equity, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective equipment. 2. However, if If the commissioner believes that the continued operation of equipment con-

stitutes an imminent danger that could seriously injure or cause death to any person, in addi- tion to all other remedies, the commissioner may apply to the district court in the county in which the imminently dangerous condition exists for a temporary order to enjoin the owner, user, or person in charge fromoperating the equipment before exhausting the owner’s, user’s, or person’s rights to administrative appeals have been exhausted.

Sec. 24. Section 96.19, subsection 17, Code 2009, is amended to read as follows: 17. “Employing unit” means any individual or type of organization, including this state and

its political subdivisions, state agencies, boards, commissions, and instrumentalities thereof, any partnership, association, trust, estate, joint stock company, insurance company or corpo- ration, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or succes- sor thereof, or the legal representative of a deceased person, which has or subsequent to Janu- ary 1, 1936, had in its employ one or more individuals performing services for it within this state. All individuals performing serviceswithin this state for any employing unit whichmain- tains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this chapter. Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work which is part of its usual trade, occupation, profession, or business, unless the employing unit as well as each such contractor or subcontractor is an employer by reason of subsection 16 or section 96.8, subsection 3, the employing unit shall for all the purposes of this chapter be deemed to employ each individual in the employ of each such contractor or subcontractor for each day during which such individual is engaged in performing such work; except that each such contractor or subcontractor who is an employer by reason of subsection 16 or section 96.8, subsection 3, shall alonebe liable for the contributionsmeasured bywages payable to individuals in the con- tractor’s or subcontractor’s employ, and except that any employing unit who shall become li- able for and pay contributionswith respect to individuals in the employ of any such contractor or subcontractorwho is not an employer by reason of subsection 16 or section 96.8, subsection 3, may recover the same from such contractor or subcontractor, except as any contractor or subcontractor who would in the absence of the foregoing provisions subsection 16 or section

494LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

96.8, subsection 3, be liable to pay said contributions, accepts exclusive liability for said contri- butions under an agreementwith such employermade pursuant to general rules of the depart- ment. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this chapter, whether such individualwas hired or paid directly by such em- ployingunit or by suchagent or employee, provided the employingunit had actual or construc- tive knowledge of such work, and provided, further, that such employment was for a total of not less than eight hours in any one calendar week.

Sec. 25. Section 100B.1, subsection 1, paragraph a, subparagraph (3), Code 2009, is amended to read as follows: (3) The tenth and eleventh voting members of the council shall be members of the general

public appointed by the governor.

Sec. 26. Section 100C.3, subsection 2, Code 2009, is amended to read as follows: 2. An applicant for certification as an alarm system contractor or an alarm system installer

shall be subject to a national criminal history check through the federal bureau of investiga- tion. Theapplicant shall provide fingerprints to thedepartment of public safety for submission through the state criminal history repository to the federal bureau of investigation. Fees for the national criminal history check shall be paid by the applicant or the applicant’s employer. The results of a criminal history check conducted pursuant to this subsection shall not be con- sidered a public confidential record under chapter 22.

Sec. 27. Section 103.15, subsection 2, paragraph a, Code 2009, is amended to read as fol- lows: a. A person shall be licensed as an unclassified person by the board to perform electrical

work if the work is performed under the personal supervision of a person actually licensed to perform such work and the licensed and unclassified persons are employed by the same em- ployer. A person shall not be employed continuously for more than one hundred days as an unclassified personwithout having obtained a current license from the board. For the purpos- es of determiningwhether a person has been “employed continuously” formore than onehun- dred days under this subsection, “one hundred continuous days of employment” includes em- ployment shall include any days not worked due to illness, holidays, weekend days, and other absences that do not constitute separation from or termination of employment. Any period of employment as a nonlicensed unclassified person shall not be credited to any applicable ex- periential requirement of an apprenticeship training program registered by the bureau of ap- prenticeship and training of the United States department of labor.

Sec. 28. Section 103.30, Code 2009, is amended to read as follows: 103.30 INSPECTIONS NOT REQUIRED. Nothing in this chapter shall be construed to require the work of employees of municipal

utilities, railroads, electric membership or cooperative associations, investor-owned utilities, rural water associations or districts, or telecommunications systems to be inspected while the employees are acting within the scope of their employment.

Sec. 29. Section 125.86, subsection 3, paragraph a, Code 2009, is amended to read as fol- lows: a. A psychiatric advanced registered nurse practitioner treating a patient respondent pre-

viously hospitalized committed under this chapter may complete periodic reports pursuant to this section on the patient respondent if the patient respondent has been recommended for treatment on an outpatient or other appropriate basis pursuant to section 125.84, subsection 3, and if a psychiatrist licensed pursuant to chapter 148, 150, or 150A personally evaluates the patient respondent on at least an annual basis.

Sec. 30. Section 135.1, subsection 4, Code 2009, is amended to read as follows: 4. “Physician”means a person licensed to practicemedicine and surgery, osteopathicmedi-

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cine and surgery, chiropractic, podiatry, or optometry under the laws of this state; but a person licensed as aphysician and surgeon shall be designated as a “physician” or “surgeon”, a person licensed as anosteopathic physician and surgeon shall be designated as an “osteopathic physi- cian” or “osteopathic surgeon”, a person licensed as an osteopath shall be designated as an “osteopathic physician”, a person licensed as a chiropractor shall be designated as a “chiro- practor”, a person licensed as a podiatrist shall be designated as a “podiatric physician”, and a person licensed as an optometrist shall be designated as an “optometrist”. A definition or designation contained in this subsection shall not be interpreted to expand the scope of prac- tice of such licensees.

Sec. 31. Section 135.17, subsection 1, paragraph a, Code 2009, is amended to read as fol- lows: a. Except as provided in paragraphs “c” and “d”, the parent or guardian of a child enrolled

in elementary school shall provide evidence to the school district or accredited nonpublic ele- mentary school in which the child is enrolled of the child having, no earlier than three years of age but prior to reaching six years of age, at a minimum, a dental screening performed by a licensed physician as defined in chapter 148 or 150, a nurse licensed under chapter 152, a licensed physician assistant as defined in section 148C.1, or a licensed dental hygienist or den- tist as defined in chapter 153. Except as provided in paragraphs “c” and “d”, the parent or guardian of a child enrolled in high school shall provide evidence to the school district or ac- credited nonpublic high school inwhich the child is enrolled of the child having, at aminimum, a dental screening performed within the prior year by a licensed dental hygienist or dentist as defined in chapter 153. A school district or accredited nonpublic school shall provide access to a process to complete the screenings described in this paragraph as appropriate.

Sec. 32. Section 135.24, subsection 6, paragraph d, Code 2009, is amended to read as fol- lows: d. “Health care provider” means a physician licensed under chapter 148, a chiropractor li-

censed under chapter 151, a physical therapist licensed pursuant to chapter 148A, an occupa- tional therapist licensed pursuant to chapter 148B, a podiatrist licensed pursuant to chapter 149, a physician assistant licensed and practicing under a supervising physician pursuant to chapter 148C, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E, a respiratory therapist licensed pursu- ant to chapter 152B, a dentist, dental hygienist, or dental assistant registered or licensed to practice under chapter 153, an optometrist licensed pursuant to chapter 154, a psychologist licensedpursuant to chapter 154B, a socialworker licensedpursuant to chapter 154C, amental health counselor or amarital and family therapist licensed pursuant to chapter 154D, a speech pathologist or audiologist licensed pursuant to chapter 154F, a pharmacist licensed pursuant to chapter 155A, or an emergency medical care provider certified pursuant to chapter 147A.

Sec. 33. Section 135.37, subsection 6, Code 2009, is amended to read as follows: 6. As necessary to avoid duplication and promote coordination of public health inspection

and enforcement activities, the department may enter into agreements with local boards of health to provide for inspectionand enforcement of tattooing establishments and enforcement activities in accordance with the rules and criteria implemented under this section.

Sec. 34. Section 135.159, subsection 2, paragraph a, subparagraph (6), Code 2009, is amended to read as follows: (6) A physician and an osteopathic physician licensed pursuant to chapter 148 and a physi-

cian licensed pursuant to chapter 150 who are family physicians and members of the Iowa academy of family physicians.

Sec. 35. Section 135B.20, subsection 1, Code 2009, is amended to read as follows: 1. “Doctor” shall mean any person licensed to practice medicine and surgery or osteopathy

osteopathic medicine and surgery in this state.

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Sec. 36. Section 135C.33, subsection 5, paragraph a, subparagraph (1), Code 2009, is amended to read as follows: (1) An employee of a homemaker, home-health homemaker-home health aide, home care

aide, adult day services, or other provider of in-home services if the employee provides direct services to consumers.

Sec. 37. Section 136C.1, subsection 4, Code 2009, is amended to read as follows: 4. “Licensed professional” means a person licensed or otherwise authorized by law to prac-

tice medicine, osteopathy osteopathic medicine, podiatry, chiropractic, dentistry, dental hy- giene, or veterinary medicine.

Sec. 38. Section 136C.3, subsection 2, paragraph a, Code 2009, is amended to read as fol- lows: a. Establish minimum training standards including continuing education requirements,

and administer examinations and disciplinary procedures for operators of radiationmachines and users of radioactive materials. A state of Iowa license to practice medicine, osteopathy osteopathic medicine, chiropractic, podiatry, dentistry, dental hygiene, or veterinary medi- cine, or licensure as a physician assistant pursuant to chapter 148C, or certificationby theden- tal board in dental radiography, or by the board of podiatry in podiatric radiography, or enroll- ment in a program or course of study approved by the Iowa department of public healthwhich includes the application of radiation to humans satisfies the minimum training standards for operation of radiation machines only.

Sec. 39. Section 137F.3A, subsection 1, Code 2009, is amended to read as follows: 1. a. If a The department of inspections and appealsmay employ additional full-time equiv-

alent positions to enforce the provisions of this chapter and chapters 137C and 137D, with the approval of the department of management, if either of the following apply: (1) A municipal corporation operating pursuant to a chapter 28E agreement with the de-

partment of inspections and appeals to enforce this chapter and chapters 137C and 137D the chapters either fails to renew the agreement effective after April 1, 2007, or discontinues, after April 1, 2007, enforcement activities in one or more jurisdictions during the agreement time frame, or the. (2) Thedepartment of inspections andappeals cancels anagreement afterApril 1, 2007, due

to noncompliancewith the terms of the agreement, the department of inspections and appeals may employ additional full-time equivalent positions to enforce the provisions of the chapters, with the approval of the department of management. b. Before approval is may be given, the director of the department of management shall de-

termine must have determined that the expenses exceed the funds budgeted by the general assembly for food inspections to the department of inspections and appeals. The department of inspections and appeals may hire no more than one full-time equivalent position for each six hundred inspections required pursuant to this chapter and chapters 137C and 137D.

Sec. 40. Section 137F.6, subsection 1, paragraph h, Code 2009, is amended to read as fol- lows: h. A For a food establishment covered by paragraphs “d” and “e” shall be assessed the li-

cense fees assessed shall be an amount not to exceed seventy-five percent of the total fees ap- plicable under both paragraphs.

Sec. 41. Section 142.1, Code 2009, is amended to read as follows: 142.1 DELIVERY OF BODIES. The body of every person dying in a public asylum, hospital, county care facility, penitentia-

ry, or reformatory in this state, or found deadwithin the state, orwhich is to be buried at public expense in this state, except those buried under the provisions of chapter 144C or 249, and which is suitable for scientific purposes, shall be delivered to the medical college of the state university, or some osteopathic or chiropractic college or school located in this state, which

497 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

has been approved under the law regulating the practice of osteopathy osteopathic medicine or chiropractic; but no such body shall be delivered to any such college or school if the de- ceased person expressed a desire during the person’s last illness that the person’s body should be buried or cremated, nor if such is the desire of the person’s relatives. Such bodies shall be equitably distributed among said colleges and schools according to their needs for teaching anatomy in accordance with such rules as may be adopted by the Iowa department of public health. The expense of transporting said bodies to such college or school shall be paid by the college or school receiving the same. If the deceased person has not expressed a desire during the person’s last illness that the person’s body should be buried or cremated and no person authorized to control the deceased person’s remains under section 144C.5 requests the per- son’s body for burial or cremation, and if a friend objects to the use of the deceased person’s body for scientific purposes, said deceased person’s body shall be forthwith delivered to such friend for burial or cremation at no expense to the state or county. Unless such friend provides for burial and burial expenses within five days, the body shall be used for scientific purposes under this chapter.

Sec. 42. Section 142A.3, subsections 3 through 10, Code 2009, are amended to read as fol- lows: 3. Themembership of the commission shall consist of include the followingvotingmembers

who shall serve three-year, staggered terms: a. Members, at least one of whom is a member of a racial minority, to be appointed by the

governor, subject to confirmation by the senate pursuant to sections 2.32 and 69.19, and con- sisting of the following: (1) Three members who are active with nonprofit health organizations that emphasize to-

bacco use prevention or who are active as health services providers, at the local level. b. (2) One member who is a retailer. c. (3) Three members who are active with health promotion activities at the local level in

youth education, law enforcement, nonprofit services, or other activities relating to tobacco use prevention and control. The members appointed under this subsection shall be appointed by the governor, subject

to confirmation by the senate, pursuant to sections 2.32 and 69.19. At least one member ap- pointed under this subsection shall be a member of a racial minority. 4. b. In addition to themembers described in subsection 3, themembership of the commis-

sion shall include three Three voting members who are, to be selected by the participants in the annual statewide youth summit of the initiative’s youth program. The youth membership appointments are, who shall not be subject to section 69.16 or 69.16A. However, the selection process shall provide for diversity among themembers and at least one of the youthmembers shall be a female. These members shall also serve three-year staggered terms. 5. 4. The commission shall also include the following ex officio, nonvoting members: a. Fourmembers of the general assembly,with notmore thanonemember fromeach cham-

ber being from the same political party. The majority leader of the senate and the minority leader of the senate shall each appoint one of the senate members. The majority leader of the house and the minority leader of the house of representatives shall each appoint one of the house members. b. The presiding officer of the statewide youth executive body, selected by the delegates to

the statewide youth summit. 6. 5. In addition to themembers of the council commission, the following agencies, organi-

zations, and persons shall each assign a single liaison to the commission to provide assistance to the commission in the discharge of the commission’s duties: a. The department of education. b. The drug policy coordinator. c. The department of justice, office of the attorney general. d. The department of human services. e. The alcoholic beverages division of the department of commerce.

498LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

7. 6. Citizen members shall be reimbursed for actual and necessary expenses incurred in performance of their duties. Citizen members shall be paid a per diem as specified in section 7E.6. Legislative members are eligible for per diem and expenses as provided in section 2.10. 8. 7. A member of the commission who is convicted of a crime relating to tobacco, alcohol,

or controlled substances is subject to removal from the commission. 9. The commissionmaydesignate an advisory council. The commission shall determine the

membership and representationof theadvisory council andmembersof the council shall serve at the pleasure of the commission. The advisory councilmay include representatives of health care provider groups, parent groups, antitobacco advocacy programs and organizations, to- bacco retailers, research and evaluation experts, and youth organizers. 10. 8. A vacancy on the commission other than for the youth members shall be filled in the

samemanner as theoriginal appointment for thebalanceof theunexpired term. Ayouthmem- ber vacancy shall be filled by the presiding officer of the statewide executive body as selected by the delegates to the statewide youth summit. 9. The commission shall elect a chairperson fromamong its votingmembers andmay select

other officers from among its voting members, as determined necessary by the commission. The commission shall meet regularly as determined by the commission, upon the call of the chairperson, or upon the call of a majority of the voting members. 10. The commission may designate an advisory council. The commission shall determine

the membership and representation of the advisory council and members of the council shall serve at the pleasure of the commission. The advisory council may include representatives of health care provider groups, parent groups, antitobacco advocacy programs and organiza- tions, tobacco retailers, research and evaluation experts, and youth organizers.

Sec. 43. Section 142C.2, subsection 25, Code 2009, is amended to read as follows: 25. “Physician”means an individual authorized to practicemedicine and surgery or osteop-

athy osteopathic medicine and surgery under the laws of any state.

Sec. 44. Section 144.14, Code 2009, is amended to read as follows: 144.14 FOUNDLINGS. 1. A person who assumes the custody of a living infant of unknown parentage shall report

on a form and in the manner prescribed by the state registrar within five days to the county registrar of the county in which the child was found, the following information: 1. a. The date and place of finding the child was found. 2. b. The sex, color or race, and approximate age of the child. 3. c. The name and address of the person or institution which has assumed custody of the

child. 4. d. The name given to the child by the custodian. 5. e. Other data required by the state registrar. 2. The place where the child was found shall be entered as the place of birth and the date

of birth shall be determined by approximation. A report registered under this section shall constitute the certificate of birth for the infant. 3. If the child is identified andacertificateof birth is foundorobtained, any report registered

under this section shall be sealed and filed andmay be opened only by order of a court of com- petent jurisdiction or as provided by regulation.

Sec. 45. Section 144C.2, subsection 3, Code 2009, is amended to read as follows: 3. “Assisted living program facility” program” means an assisted living program facility as

defined in section 231C.2 under chapter 231C.

Sec. 46. Section 144C.3, subsection 4, Code 2009, is amended to read as follows: 4. A funeral director, an attorney, or any agent, owner, or employee of a funeral establish-

ment, cremation establishment, cemetery, elder group home, assisted living program facility, adult day services program, or licensed hospice program shall not serve as a designee unless related to the declarant within the third degree of consanguinity.

499 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

Sec. 47. Section 147.14, subsection 1, paragraph w, Code 2009, is amended to read as fol- lows: w. For nursing homeadministrators, a total of ninemembers, fourwho are licensednursing

home administrators, one of whom is the administrator of a nonproprietary nursing home; three licensedmembers of any profession concernedwith the care and treatment of chronical- ly ill or elderly patientswhoarenot nursinghomeadministrators or nursinghomeowners; and twomembers of the general public who are not licensed under this chapter 155, have no finan- cial interest in any nursing home, and who shall represent the general public.

Sec. 48. Section 147.55, unnumbered paragraph 1, Code 2009, is amended to read as fol- lows: A licensee’s license to practice a profession shall be revoked, or suspended, or the licensee

otherwise disciplined by the board for that profession, when the licensee is guilty of any of the following acts or offenses:

Sec. 49. Section 147.80, subsection 1, paragraphs f, g, and i, Code 2009, are amended to read as follows: f. Issuance of a certified statement that a licensee person is licensed, registered, or has been

issued a certificate to practice in this state. g. Issuance of a duplicate license, registration, or certificate, which shall be so designated

on its face. A board may require satisfactory proof that the original license, registration, or certificate issued by the board has been lost or destroyed. i. Verification of licensure, registration, or certification.

Sec. 50. Section 147.85, Code 2009, is amended to read as follows: 147.85 FRAUD. Any person who presents to a board a diploma or certificate of which the person is not the

rightful owner, for the purpose of procuring a license, or who falsely personates impersonates anyone towhoma license has been issued by the board shall be guilty of a seriousmisdemean- or.

Sec. 51. Section 147.135, subsection 3, paragraph a, Code 2009, is amended to read as fol- lows: a. A full and confidential report concerning any final hospital disciplinary action approved

by a hospital board of trustees that results in a limitation, suspension, or revocation of a physi- cian’s privilege to practice for reasons relating to the physician’s professional competence or concerning any voluntary surrender or limitation of privileges for reasons relating to profes- sional competence shall be made to the board of medicine by the hospital administrator or chief of medical staff within ten days of such action. The board of medicine shall investigate the report and take appropriate action. These reports shall be privileged and confidential as though included in and subject to the requirements for peer review committee information in subsection 2. Persons making these reports and persons participating in resulting proceed- ings related to these reports shall be immune from civil liability with respect to the making of the report or participation in resulting proceedings. As used in this subsection, “physician” means a person licensed pursuant to chapter 148, chapter 150, or chapter 150A.

Sec. 52. Section 148.2A, subsection 2, paragraph e, subparagraph (4), Code 2009, is amended to read as follows: (4) The majority of a hearing panel containing alternate members shall be members li-

censed to practice under this chapter.

Sec. 53. Section 148.3, subsection 2, Code 2009, is amended to read as follows: 2. Anapplication for a license shall bemade to the boardofmedicine. All license and renew-

al fees shall be paid to and collected by the board and transmitted to the board.

500LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

Sec. 54. Section 148.6, subsection 2, paragraph h, Code 2009, is amended to read as fol- lows: h. (1) Inability to practice medicine and surgery or osteopathic medicine and surgery with

reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcot- ics, chemicals, or other type of material or as a result of a mental or physical condition. (1) The boardmay, upon probable cause, compel a physician to submit to amental or physi-

cal examination by designated physicians or to submit to alcohol or drug screening within a time specified by the board. (2) A person licensed to practicemedicine and surgery or osteopathicmedicine and surgery

who makes application for the renewal of a license, as required by section 147.10, gives con- sent to submit to a mental or physical examination as provided by this paragraph “h” when directed in writing by the board. All objections shall be waived as to the admissibility of the an examining physicians’ testimony or examination reports on the grounds that they consti- tute privileged communication. The medical testimony or examination reports shall not be used against a physician in another proceeding and shall be confidential, except for other ac- tions filed against a physician to revoke or suspend a license.

Sec. 55. Section 148.14, Code 2009, is amended to read as follows: 148.14 BOARD OF MEDICINE INVESTIGATORS. The board of medicine may appoint investigators, who shall not be members of the board,

andwhose compensation shall be determined pursuant to chapter 8A, subchapter IV. Investi- gators appointed by the board have the powers and status of peace officers when enforcing this chapter, chapter 147, and chapter 272C.

Sec. 56. Section 148A.7, Code 2009, is amended to read as follows: 148A.7 FALSE USE OF TITLES PROHIBITED. 1. A person or business entity, including the employees, agents, or representatives of the

business entity, shall not use in connectionwith that person’s or business entity’s business ac- tivity the words “physical therapy”, “physical therapist”, “licensed physical therapist”, “regis- teredphysical therapist”, “doctor of physical therapy”, “physical therapist assistant”, “licensed physical therapist assistant”, “registered physical therapist assistant”, or the letters “P.T.”, “L.P.T.”, “R.P.T.”, “D.P.T.”, “P.T.A.”, “L.P.T.A.”, “R.P.T.A.”, or any other words, abbreviations, or insignia indicating or implying that physical therapy is provided or supplied, unless such services are provided by or under the direction and supervision of a physical therapist licensed pursuant to this chapter. 2. Notwithstanding section 147.74, a person or the owner, officer, or agent of an entity that

violates this section is guilty of a serious misdemeanor, and a license to practice shall be re- voked or suspended pursuant to section 147.55. 3. This section shall not apply to the use of the term “physiotherapy” by a provider licensed

under this chapter, chapter 151, or by an individual under the direction and supervision of a provider licensed under this chapter or chapter 151.

Sec. 57. Section 153.14, subsection 2, Code 2009, is amended to read as follows: 2. Licensed “physicians and surgeons” or licensed “osteopaths “osteopathic physicians and

surgeons”whoextract teeth or treat diseases of theoral cavity, gums, teeth, ormaxillary bones as an incident to the general practice of their profession.

Sec. 58. Section 154A.6, Code 2009, is amended to read as follows: 154A.6 DISCLOSURE OF CONFIDENTIAL INFORMATION. 1. A member of the board shall not disclose information relating to the following: 1. a. Criminal history or prior misconduct of the applicant. 2. b. Information relating to the contents of the examination. 3. c. Information relating to the examination results other than final score except for infor-

mation about the results of an examinationwhich is given to the personwho took the examina- tion. 2. Amember of the board whowillfully communicates or seeks to communicate such infor-

501 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

mation in violation of subsection 1, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor.

Sec. 59. Section 154B.5, Code 2009, is amended to read as follows: 154B.5 SCOPE OF CHAPTER. Nothing in this chapter shall be construed to prevent qualifiedmembers of other profession-

al groups such as physicians, osteopaths osteopathic physicians, optometrists, chiropractors, members of the clergy, authorized Christian Science practitioners, attorneys at law, social workers or guidance counselors from performing functions of a psychological nature consis- tent with the accepted standards of their respective professions, if they do not use any title or description statingor implying that they arepsychologists or are certified topracticepsycholo- gy.

Sec. 60. Section 154C.3, subsection 1, paragraph c, subparagraph (5), Code 2009, is amended to read as follows: (5) (a) Supervision shall be provided in any of the following manners: (a) (i) By a social worker licensed at least at the level of the social worker being supervised

and qualified under this section to practice without supervision. (b) (ii) By another qualified professional, if the board determines that supervision by a so-

cialworker as defined in subparagraph subdivision (a) (i) is unobtainable or in other situations considered appropriate by the board. (b) Additional standards for supervision shall be determined by the board.

Sec. 61. Section 154F.2, subsection 1, paragraph a, Code 2009, is amended to read as fol- lows: a. Licensed physicians and surgeons, licensed osteopathic physicians and surgeons, li-

censed physician assistants and registered nurses acting under the supervision of a physician or osteopathic physician, persons conducting hearing tests under the direct supervision of a licensed physician and surgeon, or licensed osteopathic physician and surgeon, or students of medicine or surgery or osteopathic medicine and surgery pursuing a course of study in a medical school or college of osteopathicmedicine and surgery approved by the board ofmedi- cine while performing functions incidental to their course of study.

Sec. 62. Section 155.2, subsection 1, paragraph c, Code 2009, is amended to read as fol- lows: c. Twomembers who are not licensed nursing home administrators or are not licensed per-

sons under this chapter and chapter 147 andwho shall represent the general public. Themem- bers shall be interested in the problems of elderly patients and nursing home care, but shall have no financial interest in any nursing home.

Sec. 63. Section 155.17, Code 2009, is amended to read as follows: 155.17 DISCLOSURE OF CONFIDENTIAL INFORMATION. 1. A member of the board shall not disclose information relating to the following: 1. a. Criminal history or prior misconduct of the applicant. 2. b. Information relating to the contents of the examination. 3. c. Information relating to the examination results other than final score except for infor-

mation about the results of an examinationwhich is given to the personwho took the examina- tion. 2. Amember of the board whowillfully communicates or seeks to communicate such infor-

mation in violation of subsection 1, and any person who willfully requests, obtains or seeks to obtain such information, is guilty of a simple misdemeanor.

Sec. 64. Section 155A.15, subsection 2, paragraph d, Code 2009, is amended to read as fol- lows: d. Deliveredwithout legal authorizationprescriptiondrugsordevices toapersonother than

one of the following:

502LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

(1) A pharmacy licensed by the board. (2) A practitioner. (3) A personwho procures prescription drugs or devices for the purpose of lawful research,

teaching, or testing, and not for resale. (4) A manufacturer or wholesaler licensed by the board. (5) However, this chapter does not prohibit a pharmacy from furnishing a prescription drug

or device to aA licensed health care facility which is furnished the drug or device by a pharma- cy for storage in secured emergency pharmaceutical supplies containers maintained within the facility in accordance with rules of the department of inspections and appeals and rules of the board.

Sec. 65. Section 158.1, subsection 1, Code 2009, is amended to read as follows: 1. “Barbering”means the practices listed in this subsection performedwith orwithout com-

pensation. The practices include “Barbering” includes but are is not limited to the following practices performed upon the upper part of the human body of any person for cosmetic pur- poses and not for the treatment of disease or physical or mental ailments: a. Shaving or trimming the beard or cutting the hair. b. Giving facial and scalpmassages or treatments with oils, creams, lotions, or other prepa-

rations either by hand, or by electrical or mechanical appliances. c. Singeing, shampooing, hair body processing, arranging, dressing, curling, blow waving,

hair relaxing, bleaching or coloring the hair, or applying hair tonics. d. Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face,

or neck. e. Styling, cutting or shampooinghairpieces orwigswhendone in conjunctionwithhaircut-

ting or hairstyling. Barbers shall not represent themselves to the public as being primarily engaged in practices

other than haircutting unless the functions are in fact their primary function or specialty.

Sec. 66. Section 158.2, unnumbered paragraph 1, Code 2009, is amended to read as fol- lows: It is unlawful for a A person to shall not practice barbering with or without compensation

unless the person possesses a license issued under the provisions of section 158.3. A person licensed under section 158.3 shall not represent to the public that the person is primarily en- gaged in practices other than haircutting unless the functions are in fact the person’s primary function or specialty. Practices listed in section 158.1 when performed by the following per- sons are not defined as practicing do not constitute barbering:

Sec. 67. Section 159A.4, Code 2009, is amended to read as follows: 159A.4 ADVISORY COMMITTEE. 1. A renewable fuels and coproducts advisory committee is established within the depart-

ment. 2. The committee shall be composed of include the following persons voting members: a. The following department representatives: a. (1) The secretary, or a person designated by the secretary, representing the department

of agriculture and land stewardship, who shall be the chairperson of the committee. b. (2) The director of the Iowa department of economic development, or a person designat-

ed by the director, representing the Iowa department of economic development. c. (3) The director of the state department of transportation, or a person designated by the

director, representing the state department of transportation. d. (4) The director of the department of natural resources, or a person designated by the

director, representing the department of natural resources. b. The following persons, who shall be appointed by the governor from lists of candidates

provided by the organizations represented: e. (1) Aperson representing retail dealers as defined in section 214A.1who shall be actively

engaged in the business of selling motor fuel on a retail basis.

503 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

f. (2) A person representing refiners of petroleum products who shall be actively engaged in the business of refining petroleum into motor fuel for the purpose of sale within the state. g. (3) A person representing an organization serving livestock producers in this state. h. (4) A person representing the Iowa corn growers association. i. (5) A person representing the Iowa soybean association. j. (6) A person actively engaged in farming, as defined in section 9H.1. k. (7) A person representing the renewable fuels industry in this state. c. The governor shall appoint persons who Members appointed by the governor shall be

confirmed by the senate, pursuant to section 2.32, to serve as voting members of the commit- tee. However, the secretary of agriculture shall appoint the person representing the depart- ment of agriculture and land stewardship, the director of the Iowa department of economic development shall appoint the person representing that department, the director of the state department of transportation shall appoint the person representing that department, and the director of the department of natural resources shall appoint the person representing that de- partment. Thegovernormaymake appointments of persons representing organizations listed under paragraphs “g” through “i” froma list of candidateswhich shall be provided by the orga- nization upon request by the governor. 2. The members appointed pursuant to subsection 1, paragraphs “e” through “k”, and shall

serve three-year terms beginning and ending as provided in section 69.19. However, the gov- ernor shall appoint initial members to serve for less than three years to ensuremembers serve staggered terms. A member is eligible for reappointment. A vacancy on the committee shall be filled for the unexpired portion of the regular term in the samemanner as regular appoint- ments are made. 3. The committee shall also include four ex officio nonvotingmembers who shall be legisla-

tivemembers. The legislativemembers are two state senators, one appointed by the president of the senate, after consultation with the majority leader of the senate, and one appointed by theminority leader of the senate, after consultationwith the president of the senate, from their respective parties; and two state representatives, one appointed by the speaker of the house of representatives, after consultation with the majority leader of the house of representatives, and one appointed by theminority leader of the house of representatives, from their respective parties. 4. A member is eligible for reappointment. A vacancy on the committee shall be filled for

the unexpired portion of the regular term in the same manner as regular appointments are made. A vacancy in the membership of the committee does not impair the ability of the com- mittee to carry out committee duties. 4. 5. The committee shall meet on a regular basis and at the call of the chairperson or upon

the written request to the chairperson of two or more voting members. 5. The members other than those enumerated in subsection 1, paragraphs “a” through “d”,

are entitled to receive compensation as provided in section 7E.6. 6. Five votingmembers constitute a quorumand the affirmative vote of amajority of the vot-

ing members present is necessary for any substantive action to be taken by the committee. The majority shall not include any member who has a conflict of interest and a statement by a member that the member has a conflict of interest is conclusive for this purpose. A vacancy in the membership does not impair the duties of the committee. 7. The members other than those enumerated in subsection 2, paragraph “a”, are entitled

to receive compensation as provided in section 7E.6. 7. 8. The committee shall be staffed by the agricultural marketing division of the depart-

ment. The coordinator shall serve as secretary to the committee.

Sec. 68. Section 161.1, Code 2009, is amended to read as follows: 161.1 TITLE. This section chapter shall be known and may be cited as the “Iowa Agrichemical Remedia-

tion Act”.

504LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

Sec. 69. Section 161F.6, Code 2009, is amended to read as follows: 161F.6 CHAPTERS MADE APPLICABLE. 1. In the organization, operation, and financing of districts established under this chapter,

the provisions of chapter 468 shall apply and any procedure provided under chapter 468 in connectionwith the organization, financing, and operation of any drainage district shall apply to the organization, financing, and operation of districts organized under this chapter. 2. Wherever any of the provisions of said chapters refer to the word “drainage”, the word

As used in this chapter or chapter 468: a. “Drainage” shall be deemed to include in itsmeaning soil erosion and flood control or any

combination of drainage, flood control, and soil erosion control. The term “drainage district” shall be considered to include districts having as their purpose soil conservancy or flood con- trol or any combination thereof, and the words “drainage certificates” b. “Drainage certificates” or “drainage bonds” shall be deemed to include certificates or

bonds issued in behalf of any district organized under the provisions of this chapter; and any procedure provided by these chapters in connection with the organization, financing and op- erationof anydrainagedistrict shall be applicable to theorganization, financingandoperation of districts organized under this chapter. c. “Drainage district” shall be considered to include districts having as their purpose soil

conservancy or flood control or any combination thereof.

Sec. 70. Section 162.2, subsection 16, Code 2009, is amended to read as follows: 16. “Research facility” means any school or college of medicine, veterinarymedicine, phar-

macy, dentistry, or osteopathy osteopathic medicine, or hospital, diagnostic or research labo- ratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals.

Sec. 71. Section 166D.10, Code 2009, is amended to read as follows: 166D.10 MOVEMENT OF SWINE. 1. A Except as otherwise provided in this section, a person shall not sell, lease, exhibit, loan,

move, or relocate swine within the state unless the swine are accompanied by a certificate of inspection in the samemanner as provided for a certificate of veterinary inspection as provid- ed in section 163.30. The department may combine the certificate of inspection with a certifi- cate of veterinary inspection. 2. A certificate of inspection is not required if any of the following apply: a. The swine are moved to slaughter. b. The swine are relocated, if and all of the following apply: (1) A transportation certificate accompanies the relocated swine. (2) The swine’s owner maintains information regarding the relocation in relocation rec-

ords. The department may adopt rules excusing a person from maintaining relocation rec- ords, if the department determines that the purposes of the chapter as provided in section 166D.1 are not furthered by the requirement. (3) A certificate of inspection, or a certificate of veterinary inspection as provided in section

163.30, has been issued for the swine within thirty days prior to the date of relocation. The department may adopt rules excusing a person from complying with this subparagraph if the department determines that the purposes of the chapter as provided in section 166D.1 are not furthered by the requirement. (4) The swine have a current negative pseudorabies status. The department shall adopt rules required to administer this paragraph “b”. A transporta-

tion certificate accompanying relocated swine shall cite the relevant relocation record and cer- tificate of inspection, or certificate of veterinary inspection. The department may provide for the examination of the relocation records on the owner’s premises during normal business hours, ormay require that reports containing relevant information contained in relocation rec-

505 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

ords and certificates of inspection, or certificates of veterinary inspection, be periodically sub- mitted to the department. For purposes of this section, swine production information con- tained in relocation records is a trade secret as provided in section 22.7, unless otherwise pro- vided by rules adopted by the department. The department shall provide for the disclosure of confidential information only to the extent required for enforcement of this chapter, the detec- tion and prosecution of public offenses, or to comply with a subpoena or court order. c. A person transfers ownership of all or part of a herd, if the herd remains on the same

premises. However, the herd must be tested by statistical sampling. If any part of the herd is subsequentlymoved or relocated, the swinemust bemoved or relocated in accordancewith this section and sections 166D.7, 166D.8, and 166D.10A. 3. A transportation certificate accompanying swinewhich are relocated as provided in sub-

section 2, paragraph “b”, shall cite the relevant relocation record and certificate of inspection, or certificate of veterinary inspection. The departmentmay provide for the examination of the relocation records on the owner’s premises during normal business hours, ormay require that reports containing relevant information contained in relocation records and certificates of in- spection, or certificates of veterinary inspection, be periodically submitted to the department. For purposes of this section, swine production information contained in relocation records is a trade secret as provided in section 22.7, unless otherwise provided by rules adopted by the department. The department shall provide for the disclosure of confidential information only to the extent required for enforcement of this chapter, the detection and prosecution of public offenses, or to comply with a subpoena or court order. The department shall adopt rules re- quired to administer subsection 2, paragraph “b”, and this subsection. 2. 4. a. Swine Except as provided in paragraph “b”, swine that aremoved shall be individu-

ally identified as provided in section 163.30, which may include requirements for affixing ear tags to swine. b. (1) However, native Native Iowa feeder pigs moved from farm to farm within the state

shall be exempted from the identification requirements of this subsection if the owner trans- ferring possession of the feeder pigs executes awritten agreementwith the person taking pos- session of the feeder pigs. (a) The agreement shall provide that the feeder pigs shall not be commingled with other

swine for a period of thirty days. (b) The owner transferring possession shall be responsible for making certain that the

agreement is executed and for providing a copy of the agreement to the person taking posses- sion. (2) Native Iowa feeder pigs that are moved shall be accompanied by a certificate of inspec-

tion, or a certificate of veterinary inspection as provided in section 163.30, unless swine are otherwise exempted from this requirement by this section. (3) Asused in this subsectionparagraph “b”, “farm to farmwithin the state”doesnot include

the movement or relocation of native Iowa feeder pigs to the possession of a dealer licensed pursuant to section 163.30. Native Iowa feeder pigs that are moved shall be accompanied by a certificate of inspection, or a certificate of veterinary inspection as provided in section 163.30, unless swine are otherwise exempted from this requirement by this section. 3. 5. Swine from a herd located within this statemust bemoved or relocated in compliance

with this section. If the swine ismoved or relocated froma herd locatedwithin a countywhich is designated by the department as in stage II of the national pseudorabies eradication pro- gram, the swine shall not be moved or relocated unless in compliance with section 166D.11. Regardless of whether the swine is from a herd located in a stage II county, the following shall govern the movement or relocation of swine within this state: a. For swine from a noninfected herd, a person shall notmove swine for breeding purposes,

unless one of the following applies: (1) The swine is moved from a qualified negative herd or qualified differentiable negative

herd. (2) The swine reacts negatively to a differentiable test within thirty days prior tomoving the

swine.

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b. For swine which is exposed, a person shall not move or relocate the swine, unless one of the following applies: (1) The swine reacts negatively to a differentiable test within thirty days prior to moving or

relocating the swine. (2) The swinemoves by restrictedmovement to either a fixed concentrationpoint or slaugh-

tering establishment. c. For swine from a herd of unknown status, a person shall not move or relocate the swine,

unless one of the following applies: (1) The swine reacts negatively to a differentiable test within thirty days prior to moving or

relocating the swine. (2) The swinemoves by restrictedmovement to either a fixed concentrationpoint or slaugh-

tering establishment. However, the swine is not required to move by restricted movement if the swine is moved from a fixed concentration point directly to another fixed concentration point or to a slaughtering establishment. d. For swine which is from an infected herd, a person shall not move or relocate the swine,

unless one of the following applies: (1) If the swine is part of a cleanup plan, the following shall apply: (a) For swine, other than feederpigsor cull swine,whicharepart of aherd subject to aclean-

upplan, a person shall onlymove swineby restrictedmovement to either a fixed concentration point or slaughtering establishment. A person shall not relocate the swine. (b) For a feeder pig or cull swine which is part of a herd subject to a herd cleanup plan, a

person shall only move the feeder pig or cull swine by restricted movement to either a fixed concentration point or slaughtering establishment or relocate the feeder pig or cull swine by restricted movement to an approved premises. For a feeder pig or cull swine which is part of a feeder pig cooperator herd cleanupplan, a person shall onlymove the feeder pig or cull swine by restrictedmovement to either a fixed concentration point or slaughtering establishment or move or relocate the feeder pig or cull swine by restrictedmovement to an approved premises. However, a person shall notmove or relocate a feeder pig or cull swine to an approved premis- es, unless the approved premises is identified in a cleanup plan as provided in section 166D.8, or the department approves the move or relocation to another approved premises. A person shall not move or relocate a cull swine to an approved premises, unless the cull swine reacts negatively to a test and is vaccinated with a differentiable vaccine. The test and vaccine must be administeredwithin thirtydaysprior to themovement or relocation to the approvedpremis- es. A noninfected feeder pig is not required to be tested or vaccinated prior to movement or relocation to an approved premises, if the feeder pig is vaccinated upon arrival at the approved premises. (c) For swine from a herd kept on an approved premises, a person shall only move or relo-

cate the swine by restrictedmovement as provided in the cleanup plan governing the herd and termsandconditionsof the certification required for theapprovedpremises asprovided in sec- tion 166D.10B. (2) If the swine is not part of a herd that is subject to a cleanup plan because the herd is quar-

antined, a person shall only move the swine by restricted movement to either a fixed concen- tration point or slaughtering establishment. 4. 6. Swine fromaherd located outside this statemust bemoved into andmaintained in this

state in compliance with this section. A person shall not move swine into this state, except as follows: a. For swine from a herd, other than a noninfected herd, the swine must be moved either

to a fixed concentration point or slaughtering establishment. b. For swine from a noninfected herd, the swine may be moved to a concentration point or

slaughtering establishment. If the swine is notmoved to a concentration point or slaughtering establishment, the following shall apply: (1) Unless the person moves the swine into a county designated by the department as in

stage II of the national pseudorabies eradication program, the following shall apply: (a) A person shall not move swine into this state for breeding purposes, unless one of the

following applies:

507 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

(i) The swine is moved from a qualified negative herd or qualified differentiable negative herd. (ii) The swine reacts negatively to a differentiable test, within thirty days prior to moving

the swine. (b) A person shall not move a feeder swine which is moved into this state, unless the feeder

swine reacts negatively to a differentiable test within thirty days prior to movement from a herd in this state. (2) If a person moves the swine into a county which is designated by the department as in

stage II of the national pseudorabies eradication program, the following shall apply: (a) Except as provided in this subparagraph, the owner of swine shall vaccinate the swine

with a modified-live differentiable vaccine, prior to moving swine into the stage II county. A person is not required to vaccinate swine prior to moving swine into the stage II county if one of the following applies: (i) The swine is part of a herd that cannot be vaccinated under the lawof the state or country

in which the herd is kept immediately prior to being moved into the stage II county. (ii) The swine is an isowean feeder pig. (iii) The swine ismoved either to a fixed concentration point or slaughtering establishment. (b) For swinewhich are not vaccinated before beingmoved into a stage II county as provid-

ed in this paragraph, the following shall apply: (i) For swine other than swinemoved into a herdwithin a stage II county as an isowean feed-

er pig, the swine must be immediately vaccinated with a differentiable vaccine, as provided in section 166D.11. The swine shall be considered as part of a herd of unknown status, until tested negative and vaccinated. (ii) For swinemoved into a herdwithin a stage II county as an isowean feeder pig, the swine

moved into theherdmust be immediately vaccinatedwith a differentiable vaccine, as provided in section 166D.11. The department may require that the swine be revaccinated with a differ- entiable vaccine at a later date. The swine shall be considered as part of a herd of unknown status, until tested negative and vaccinated. 5. 7. A person shall not move a swine within this state, other than to a fixed concentration

point or slaughtering establishment, if the swine is vaccinated with a vaccine other than a dif- ferentiable vaccine approved by the department pursuant to section 166D.14. 6. 8. Known infected swinemoved through a fixed concentration point shall only bemoved

by restricted movement to a slaughtering establishment. 7. 9. Swinemoved under this section to a slaughtering establishment shall be for the exclu-

sive purpose of slaughtering the swine. Swine moved under this section to a fixed concentra- tion point shall be for the exclusive purpose of immediatelymoving the swine to a slaughtering establishment. Swinemoved or relocated under this section to an approved premises shall be for the exclusive purpose of feeding the swine prior to movement or relocation to another ap- proved premises, or movement to either a fixed concentration point or a slaughtering estab- lishment.

Sec. 72. Section 169.5, Code 2009, is amended to read as follows: 169.5 BOARD OF VETERINARY MEDICINE. 1. a. The governor shall appoint, subject to confirmation by the senate pursuant to section

2.32, a board of five individuals, three of whom shall be licensed veterinarians and two of whom shall not be licensed veterinarians, but shall be knowledgeable in the area of animal husbandry andwhoshall represent thegeneral public. The representatives of the general pub- lic shall not prepare, grade or otherwise administer examinations to applicants for license to practice veterinarymedicine. The board shall be known as the Iowa board of veterinarymedi- cine. b. Each licensed veterinarian board member shall be actively engaged in veterinary medi-

cine and shall have been so engaged for a period of five years immediately preceding appoint- ment, the last two of which shall have been in Iowa. The representatives of the general public shall be knowledgeable in the area of animal husbandry. A member of the board shall not be employed by or have anymaterial or financial interest in anywholesale or jobbing house deal-

508LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

ing in supplies, equipment, or instruments used or useful in the practice of veterinary medi- cine. A member of the board shall not be employed by or have any material or financial interest

in any wholesale or jobbing house dealing in supplies, equipment or instruments used or use- ful in the practice of veterinarymedicine. Thepersondesignated as the state veterinarian shall serve as secretary of the board. c. Professional associations or societies composed of licensed veterinarians may recom-

mend the names of potential board members to the governor, but the governor is not bound by the recommendations. 2. The members of the board shall be appointed for a term of three years except the terms

of the members of the initial board shall be rotated in such amanner that at least onemember shall retire each year and a successor be appointed. The termof eachmember shall commence and end as provided by section 69.19. Members shall serve no more than three terms or nine years total, whichever is less. Any vacancy in the membership of the board caused by death, resignation, removal, or otherwise, shall be filled for the period of the unexpired term in the same manner as original appointments. 3. Any vacancy in the membership of the board caused by death, resignation, removal, or

otherwise, shall be filled for the period of the unexpired term in the same manner as original appointments. 4. Members of the board shall, in addition to necessary traveling and other expenses, set

their ownper diemcompensation at a rate not exceeding the per diem specified in section 7E.6 for each day actually engaged in the discharge of their duties including compensation for the time spent traveling to and from the place of conducting the examination and for a reasonable number of days for the preparation of examination and the reading of papers, in addition to the time actually spent in conducting examinations, within the limits of funds appropriated to the board. 5. Thedepartment shall furnish the boardwith all articles and supplies required for the pub-

lic use and necessary to enable the board to perform the duties imposed upon it by law. Such articles and supplies shall be obtained by the department in the samemanner inwhich the reg- ular supplies for the department are obtained, and the department shall assess the costs to the board for such articles and supplies. The board shall also reimburse the department for direct and indirect administrative costs incurred in issuing and renewing the licenses. 6. 3. The board shallmeet at least once each year as determined by the board. Other neces-

sary meetings may be called by the president of the board by giving proper notice. Except as provided, amajority of the board constitutes a quorum. Meetings shall be open and public ex- cept that theboardmaymeet in closed session to prepare, approve, administer, or grade exam- inations, or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian. 7. 4. At its annual meeting, the board shall organize by electing a president and such other

officers as may be necessary. Officers of the board serve for terms of one year and until a suc- cessor is elected, without limitation on the number of terms an officer may serve. The presi- dent shall serve as chairperson of board meetings. The person designated as the state veteri- narian shall serve as secretary of the board. 5. The duties of the board shall include carrying on the correspondence of the board, keep-

ing permanent accounts and records of all receipts and disbursements by the board and of all board proceedings, including the disposition of all applications for a license, and keeping a register of all persons currently licensed by the board. The representatives of the general pub- lic shall not prepare, grade, or otherwise administer examinations to applicants for a license to practice veterinary medicine. All board records shall be open to public inspection during regular office hours. 6. Members of the board shall set their own per diem compensation, at a rate not exceeding

the per diem specified in section 7E.6 for each day actually engaged in the discharge of their duties, as well as compensation for necessary traveling and other expenses. Compensation for veterinarianmembers of the board shall include compensation for the time spent traveling

509 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

to and from the place of conducting the examination and for a reasonable number of days for thepreparationof examinationand the readingof papers, in addition to the timeactually spent in conducting examinations, within the limits of funds appropriated to the board. 8. The board shall set the fees by rule for a license to practice veterinary medicine issued

upon the basis of the examination. It shall also set the fees by rule for a license granted on the basis of reciprocity, a renewal of a license to practice veterinary medicine, a certified state- ment that a licensee is licensed to practice in this state, and an issuance of a duplicate license when the original is lost or destroyed. The fee shall be based upon the administrative costs of sustaining the board and shall include, but shall not be limited to, the following: a. Per diem, expenses, and travel of board members. b. Costs to the department for administration of this chapter. 9. 7. Upon a three-fifths vote, the board may: a. Examine and determine the qualifications and fitness of applicants for a license to prac-

tice veterinary medicine in the state. b. Issue, renew, or deny issuance or renewal of licenses and temporary permits to practice

veterinary medicine in this state. c. Establish and publish annually a schedule of fees for licensing and registration of veteri-

narians. The fees shall be set by rule and shall include fees for a license to practice veterinary medicine issued upon the basis of the examination, a license granted on the basis of reciproci- ty, a renewal of a license to practice veterinary medicine, a certified statement that a licensee is licensed to practice in this state, and an issuance of a duplicate license when the original is lost or destroyed. The fee schedule shall be based on the board’s anticipated financial require- ments for the year, which shall include but not be limited to the following: (1) Per diem, expenses, and travel of board members. (2) Costs to the department for administration of this chapter. d. Conduct investigations for the purpose of discovering violations of this chapter or

grounds for disciplining licensed veterinarians. e. Hold hearings on all matters properly brought before the board and administer oaths, re-

ceive evidence, make the necessary determinations, and enter orders consistent with the find- ings. The board may require by subpoena the attendance and testimony of witnesses and the production of papers, records, or other documentary evidence and commission depositions. An administrative law judge may be appointed pursuant to section 17A.11 to perform those functions which properly repose in an administrative law judge. f. Employ full-time or part-time personnel, professional, clerical, or special, as are neces-

sary to effectuate the provisions of this chapter. g. Appoint from its ownmembership one or more members to act as representatives of the

board at any meeting within or without the state where such representation is deemed desir- able. h. Bring proceedings in the courts for the enforcement of this chapter or any regulations

made pursuant to this chapter. i. Adopt, amend, or repeal rules relating to the standards of conduct for, testing of, and revo-

cation or suspension of certificates issued to veterinary assistants. However, a certificate shall not be suspended or revoked by less than a two-thirds vote of the entire board in a proceeding conducted in compliance with section 17A.12. j. Adopt, amend, or repeal all rules necessary for its government and all regulations neces-

sary to carry into effect the provision of this chapter, including the establishment and publica- tion of standards of professional conduct for the practice of veterinary medicine. 8. The powers enumerated above in subsection 7 are granted for the purpose of enabling

the board to effectively supervise the practice of veterinary medicine and are to be construed liberally to accomplish this objective. 10. 9. A personwho provides veterinarymedical services, owns a veterinary clinic, or prac-

tices in this state shall obtain a certificate from the board and be subject to the same standards of conduct, as provided in this chapter and rules adopted by the board, as apply to a licensed veterinarian, unless theboarddetermines that the samestandards of conduct are inapplicable.

510LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

The board shall issue, renew, or deny a certificate; adopt rules relating to the standards of con- duct; and take disciplinary action against the person, including suspension or revocation of a certificate, in accordance with the procedures established in section 169.14. Certification fees shall be established by the board pursuant to subsection 9 7, paragraph “j”. Fees shall be established in an amount sufficient to fully offset the costs of certification pursuant to this sub- section. For the fiscal year beginning July 1, 2001, and ending June 30, 2002, the department shall retain fees collected to administer the program of certifying veterinary clinics and the fees retained are appropriated to the department for the purposes of this subsection. For the fiscal year beginning July 1, 2001, and ending June 30, 2002, notwithstanding section 8.33, fees which remain unexpended at the end of the fiscal year shall not revert to the general fund of the state but shall be available for use for the following fiscal year to administer the program. For the fiscal year beginning July 1, 2002, and succeeding fiscal years, certification fees shall be deposited in the general fund of the state and are appropriated to the department to admin- ister the certification provisions of this subsection. This subsection shall not apply to an ani- mal shelter, as defined in section 162.2, that provides veterinary medical services to animals in the custody of the shelter. 10. The department shall furnish the board with all articles and supplies required for the

public use and necessary to enable the board to perform the duties imposed upon it by law. Such articles and supplies shall be obtained by the department in the same manner in which the regular supplies for the department are obtained, and thedepartment shall assess the costs to the board for such articles and supplies. The board shall also reimburse the department for direct and indirect administrative costs incurred in issuing and renewing the licenses.

Sec. 73. Section 175B.4, Code 2009, is amended to read as follows: 175B.4 OTHER PROGRAMS. Nothing in this chapter restricts the department from providing for other programs which

promote the purposes of the federal programs.

Sec. 74. Section 190.12, Code 2009, is amended to read as follows: 190.12 STANDARDS FOR FROZEN DESSERTS. 1. Frozen desserts and the pasteurized dairy ingredients used in the manufacture thereof,

shall comply with the following standards:

Milk, cream, and fluid Temperature Storage at 45 degrees F. dairy ingredient Bacterial limit 50,000 per milliliter

Coliform limit 10 per milliliter

Frozen dessert mixes, Temperature Storage at 45 degrees F. frozen desserts (plain) Bacterial limit 50,000 per gram

Coliform limit 10 per gram

Dry dairy ingredient Extra grade or better as defined by U.S. Standards for grades for the particular product.

Dry powder mix Bacterial limit 50,000 per gram Coliform limit 10 per gram

2. The bacteria count and coliform determination shall not exceed this standard these stan- dards in three out of the last five consecutive samples taken by the regulatory agency. 3. This section shall not preclude holding mix at a higher temperature for a short period of

time immediately prior to freezing where applicable to the particular manufacturing or pro- cessing practices. 4. This section shall not apply to sterilized mix in hermetically sealed containers.

511 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

5. The coliform determination for bulky flavored frozen desserts shall not be more than twenty per gram.

Sec. 75. Section 191.6, Code 2009, is amended to read as follows: 191.6 STANDARDS FOR OLEOMARGARINE. The department may prescribe and establish standards for oleo, oleomargarine, or marga-

rine manufactured or sold in this state and may adopt the standards set up by now existing regulations of the federal security administration or agency as found in 1949, Code of Federal Regulations, Title 21, Part 45, § 45.0 food and drug administration of theUnited States depart- ment of health andhumanservices, 21C.F.R. § 166.110, or anyamendments thereto. Any stan- dards so established shall not be contrary to or inconsistent with the provisions of section 190.1, subsection 6, entitled “Oleomargarine”.

Sec. 76. Section 200.14, Code 2009, is amended to read as follows: 200.14 RULES. 1. The secretary is authorized, after public hearing, following due notice, to adopt rules set-

ting forth minimum general safety standards for the design, construction, location, installa- tion and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of anhydrous ammonia. a. The rules shall be such as are reasonably necessary for the protection and safety of the

public and persons using anhydrous ammonia, and shall be in substantial conformity with the generally accepted standards of safety. b. It is hereby declared that rules Rules that are in substantial conformitywith the published

standards of the agricultural ammonia institute for the design, installation and construction of containers and pertinent equipment for the storage and handling of anhydrous ammonia, shall be deemed to be in substantial conformity with the generally accepted standards of safe- ty. 2. Anhydrous ammonia equipment shall be installed and maintained in a safe operating

condition and in conformity with rules adopted by the secretary. 3. The secretary is hereby charged with the enforcement of shall enforce this chapter, and,

after due publicity and due public hearing, is empowered to may promulgate and adopt such reasonable rules as may be necessary in order to carry into effect the purpose and intent and to secure the efficient administration of this chapter or to secure the efficient administration thereof. 4. Nothing in this This chapter shall does not prohibit the use of storage tanks smaller than

transporting tanks nor the transfer of all kinds of fertilizer including anhydrous ammonia di- rectly from transporting tanks to implements of husbandry, if proper safety precautions are observed.

Sec. 77. Section 203C.18, subsection 1, paragraph c, Code 2009, is amended to read as fol- lows: c. A statement that the receipt is issued subject to the IowawarehouseAct and the rules and

regulations prescribed pursuant to the Act this chapter.

Sec. 78. Section 203D.1, Code 2009, is amended by adding the following new subsection: NEWSUBSECTION. 10A. “Purchased grain”means grainwhich is entered in the company

owned paid position as evidenced on the grain dealer’s daily position record.

Sec. 79. Section 203D.3, subsection 2, paragraph a, unnumbered paragraph 1, Code 2009, is amended to read as follows: A per-bushel fee shall be assessed on all purchased grain. As used in this chapter, “pur-

chased grain”means grainwhich is entered in the company owned paid position as evidenced on the grain dealer’s daily position record. However, if the grain dealer provides documenta- tion regarding the transaction satisfactory to the department, the following transactions shall be excluded from the fee:

512LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

Sec. 80. Section 206.6, subsection 5, Code 2009, is amended to read as follows: 5. Issue commercial applicator license. a. The secretary shall approve an application and issue a commercial applicator license to

the applicant as follows: (1) The applicant is qualified as found by the secretary to apply pesticides in the classifica-

tions for which the applicant has applied. (2) The applicant must furnish to the department evidence of financial responsibility as re-

quired under section 206.13. (3) An applicant applying for a license to engage in aerial application of pesticides must

meet all of the requirements of the federal aviation administration, the United States depart- ment of transportation, and any other applicable federal or state laws or regulations to operate the equipment described in the application. b. The secretary shall adopt by rule, additional requirements for issuinga license to aperson

who is a nonresident of this state engaged in the aerial application of pesticides, which may include but is not limited to conditions for the operation of the aircraft and the application of the pesticides under the supervision of a person who is a resident of this state and licensed as a commercial applicator under this section or as a pesticide dealer under section 206.8. The secretary shall not adopt rules concerning the operation of aircraft when a nonresident person is not engaged in the commercial application of pesticides. b. c. The secretary shall issue a commercial applicator license limited to the classifications

for which the applicant is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended by the secretary for cause. The secretary may limit the license of the applicant to the use of certain pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the secretary shall inform the applicant in writing of the reasons.

Sec. 81. Section 207.15, subsections 1, 2, and 5, Code 2009, are amended to read as follows: 1. a. (1) A person who violates a permit condition, a provision of this chapter, or a rule or

order issued under this chapter is subject to a civil penalty not to exceed five thousand dollars per day for each day of violation. (2) If a violation results in the issuance of a cessation order, a civil penalty shall be imposed.

The penalty shall not exceed five thousand dollars for each day of violation. b. In determining the amount of the penalty, consideration shall be given to the operator’s

history of previous violations at the particular mining operation, the seriousness of the viola- tion, including any irreparable harm to the environment and any hazard to the health or safety of thepublic,whether theoperatorwasnegligent, and thedemonstratedgood faith of theoper- ator charged in attempting to achieve rapid compliance after notification of the violation. c. An operator who fails to correct a violation for which a notice or order has been issued

within the period permitted for its correction shall be required to pay a civil penalty of not less than seven hundred fifty dollars for each day during which the failure or violations continue. 2. a. If a notice or order has been issued, the division may assess a recommended penalty

in accordance with a schedule established by rule. The person to whom the notice or order was issuedmay submit written informationwithin fifteen days of the notice or order to be con- sideredby thedivision. Thedivision shall serve the assessmentby certifiedmail, return receipt requested, within thirty days of issuance of the notice or order. The divisionmay reassess any penalty if necessary to consider account for facts not reasonably available on the date of issu- ance of the assessment. A person may consent to a penalty assessment by paying the penalty without resort to judicial proceedings. b. If a violation results in the issuance of a cessation order pursuant to section 207.14 the

division shall assess a penalty. 5. If a violation results in a cessation order pursuant to section 207.14, the attorney general,

at the request of the division, shall institute a civil action in district court for injunctive relief. 5A. Notwithstanding section 17A.20, an appeal bond shall be required for an appeal of a

judgment assessing a civil penalty.

513 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

Sec. 82. Section 216.8A, subsection 3, paragraph c, subparagraph (1), Code 2009, is amended to read as follows: (1) A refusal to permit, at the expense of the person with a disability, reasonable modifica-

tions of existing premises occupied or to be occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises. However, it is not discrimina- tion for a landlord, In in the case of a rental, a landlordmay, andwhere reasonable to do so, to condition permis-

sion for a modification on the renter’s agreement to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

Sec. 83. Section 216.16, Code 2009, is amended to read as follows: 216.16 SIXTY-DAY ADMINISTRATIVE RELEASE. 1. A person claiming to be aggrieved by an unfair or discriminatory practice must initially

seek anadministrative relief by filing a complaintwith the commission in accordancewith sec- tion 216.15. This provision also applies to persons claiming to be aggrieved by an unfair or discriminatory practice committed by the state or an agency or political subdivision of the state, notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A. A complainant after 2. After the proper filing of a complaint with the commission, a complainant may subse-

quently commence an action for relief in the district court if all of the following conditionshave been satisfied: a. The complainant has timely filed the complaint with the commission as provided in sec-

tion 216.15, subsection 12; and. b. The complaint has been on file with the commission for at least sixty days and the com-

mission has issued a release to the complainant pursuant to subsection 2 of this section 3. 2. 3. a. Upon a request by the complainant, and after the expiration of sixty days from the

timely filing of a complaint with the commission, the commission shall issue to the complain- ant a release stating that the complainant has a right to commence an action in the district court. A release under this subsection shall not be issued if a any of the following apply: (1) A finding of no probable cause has been made on the complaint by the administrative

law judge charged with that duty under section 216.15, subsection 3, a. (2) A conciliation agreement has been executed under section 216.15, the. (3) The commission has served notice of hearing upon the respondent pursuant to section

216.15, subsection 5, or the. (4) The complaint is closed as an administrative closure and two years have elapsed since

the issuance date of the closure. b. Notwithstanding section 216.15, subsection 4, a partymay obtain a copy of all documents

contained in a case filewhere the commissionhas issued a release to the complainant pursuant to this subsection. 3. 4. An action authorized under this section is barred unless commenced within ninety

days after issuance by the commission of a release under subsection 2 of this section 3. If a complainant obtains a release from the commission under subsection 2 of this section 3, the commission is barred from further action on that complaint. 4. 5. Venue for an action under this section shall be in the county in which the respondent

resides or has its principal place of business, or in the county in which the alleged unfair or discriminatory practice occurred. 5. 6. The district court may grant any relief in an action under this section which is autho-

rized by section 216.15, subsection 8 to be issued by the commission. The district court may also award the respondent reasonable attorney’s fees and court costswhen the court finds that the complainant’s action was frivolous. 6. 7. It is the legislative intent of this chapter that every complaint be at least preliminarily

screened during the first one hundred twenty days. 8. This section does not authorize administrative closures if an investigation is warranted.

514LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

Sec. 84. Section 216E.7, Code 2009, is amended to read as follows: 216E.7 EXEMPTIONS. This chapter does not apply to a hearing aid sold, leased, or transferred to a consumer by

an audiologist licensed under chapter 147 154F, or a hearing aid dispenser licensed under chapter 154A, if the audiologist or dispenser provides either an express warranty for the hear- ing aid or provides for service and replacement of the hearing aid.

Sec. 85. Section 229.15, subsection 3, paragraph a, Code 2009, is amended to read as fol- lows: a. A psychiatric advanced registered nurse practitioner treating a patient previously hos-

pitalized under this chapter may complete periodic reports pursuant to this section on the pa- tient if the patient has been recommended for treatment on an outpatient or other appropriate basis pursuant to section229.14, subsection1, paragraph “c”, and if apsychiatrist licensedpur- suant to chapter 148, 150, or 150A personally evaluates the patient on at least an annual basis.

Sec. 86. Section 235.1, Code 2009, is amended to read as follows: 235.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. The terms “state division”, “administrator”, and “child” are used in this chapter and chap-

ter 238 as the terms are “Administrator” means the same as defined in section 234.1. 2. “Child” means the same as defined in section 234.1. 3. “Child welfare services”means social welfare services for the protection and care of chil-

dren who are homeless, dependent or neglected, or in danger of becoming delinquent, or who have amental illness ormental retardation or other developmental disability, including, when necessary, care and maintenance in a foster care facility. Child welfare services are designed to serve a child in the child’s home whenever possible. If not possible, and the child is placed outside the child’s home, the placement should be in the least restrictive setting available and in close proximity to the child’s home. 4. “State division” means the same as defined in section 234.1.

Sec. 87. Section 235B.3A, subsection 3, unnumbered paragraph 1, Code 2009, is amended to read as follows: 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 con- tains 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:

Sec. 88. Section 235B.3A, subsection 3, unnumbered paragraph 2, Code 2009, is amended by striking the paragraph.

Sec. 89. Section235E.2, subsection13, paragrapha, subparagraphs (2) and (3), Code2009, are amended to read as follows: (2) The alleged dependent adult abuser requests the presence of a an employee organiza-

tion or union representative. (3) The employee organization or union representative maintains the confidentiality of all

information from the interviewsubject to the penalties provided in section 235B.12 if such con- fidentiality is breached.

Sec. 90. Section 235E.3, subsection 3, paragraph a, unnumbered paragraph 1, Code 2009, is amended to read as follows: 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 con-

515 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

tains 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:

Sec. 91. Section 235E.3, subsection 3, paragraph b, Code 2009, is amended by striking the paragraph.

Sec. 92. Section 235E.4, Code 2009, is amended to read as follows: 235E.4 CHAPTER 235B APPLICATION. Sections 235B.4 through 235B.20, where not inconsistent with this chapter, shall apply to

this chapter.

Sec. 93. Section 236.12, subsection 1, paragraph c, unnumbered paragraph 1, Code 2009, is amended to read as follows: Providing an abused personwith 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 shelter,1 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:

Sec. 94. Section 236.12, subsection 1, paragraph c, unnumbered paragraph 8, Code 2009, is amended by striking the unnumbered paragraph.

Sec. 95. Section 238.1, Code 2009, is amended to read as follows: 238.1 DEFINITIONS. 1. For the purpose of this chapter theword “administrator” unless the context otherwise re-

quires: 1. “Administrator” means the administrator of the division of child and family services of

the department of human services. 2. “Child” means the same as defined in section 234.1. 3. “Child-placing agency”means any agency, whether public, semipublic, or private, which

represents that the agency places children permanently or temporarily in private family homes or receives children for placement in private family homes, or which actually engages for gain or otherwise in the placement of children in private family homes. 2. 4. Theword “person” “Person” or “agency” where used in this chapter shall include indi-

viduals, institutions, partnerships, voluntary associations, and corporations, other than insti- tutions under the management or control of any division or any administrator of the depart- ment of human services or any administrator thereof. 5. “State division” means the same as defined in section 234.1.

Sec. 96. Section 249A.6, subsection 1, paragraph a, subparagraph (2), Code 2009, is amended to read as follows: (2) Cooperate with the department in obtaining payments described in paragraph “a” sub-

paragraph (1).

Sec. 97. Section 252B.5, subsection 8, Code 2009, is amended to read as follows: 8. a. At the request of either parent who is subject to the order of support or upon its own

initiation, review the amount of the support award in accordance with the guidelines estab- lished pursuant to section 598.21B, and Title IV-D of the federal Social SecurityAct, as amend- ed, and take action to initiate modification proceedings if the criteria established pursuant to this section are met. However, a review of a support award is not required if the child support recovery unit determines that such a review would not be in the best interest of the child and neither parent has requested such review. b. The department shall adopt rules no later thanOctober 13, 1990, setting forth the process

for review of requests for modification of support obligations and the criteria and process for taking action to initiate modification proceedings.

___________________ 1 According to enrolled Act; the work “shelters” probably intended

516LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

CH. 133CH. 133

Sec. 98. Section 256D.2A, Code 2009, is amended to read as follows: 256D.2A PROGRAM FUNDING. Beginning For the budget year beginning July 1, 2009, and each succeeding budget year, a

school district shall expend funds received pursuant to section 257.10, subsection 11, at the kindergarten through grade three levels to reduce class sizes to the state goal of seventeen stu- dents for every one teacher and to achieve a higher level of student success in the basic skills, especially reading. In order to support these efforts, school districts may expend funds re- ceived pursuant to section 257.10, subsection 11, at the kindergarten through grade three level onprograms, instructional support, andmaterials that includebut arenot limited to the follow- ing: additional licensed instructional staff; additional support for students, such as before and after school programs, tutoring, and intensive summer programs; the acquisition and ad- ministration of diagnostic reading assessments; the implementation of research-based in- structional intervention programs for students needing additional support; the implementa- tion of all-day, everyday kindergarten programs; and the provision of classroom teacherswith intensive training programs to improve reading instruction and professional development in best practices including but not limited to training programs related to instruction to increase students’ phonemic awareness, reading abilities, and comprehension skills.

Sec. 99. Section 256D.4A, Code 2009, is amended to read as follows: 256D.4A PROGRAM REQUIREMENTS. A school district shall maintain a separate listing within its budget for payments received

and expenditures made pursuant to this section chapter. A school district shall certify to the department of education thatmoneys received under this section chapterwere used to supple- ment, not supplant, moneys otherwise received and used by the school district.

Sec. 100. Section 257.11, subsection 3, paragraph b, unnumbered paragraph 1, Code 2009, is amended to read as follows: If the school budget review committee certifies to the department of management that the

class would not otherwise be implemented without the assignment of additional weighting, pupils attending a community college-offered class or attending a class taught by a community college-employed instructor are assigned a weighting of the percentage of the pupil’s school day during which the pupil attends class in the community college or attends a class taught by a community college-employed instructor of times seventy hundredths for career and tech- nical courses and or forty-six hundredths for liberal arts and sciences courses. The following requirements shall be met for the purposes of assigning an additional weighting for classes offered through a sharing agreement between a school district and community college. The class must be:

Sec. 101. Section 260C.14, subsection 22, paragraph a, subparagraphs (1), (3), and (5), Code 2009, are amended to read as follows: (1) Total revenue received from each local school district as a result of high school students

enrolled in community college courses under the postsecondary enrollment options Act pro- gram. (3) Unduplicated headcount of high school students enrolled in community college courses

under the postsecondary enrollment options Act program. (5) Total credits earned by high school students enrolled in community college courses un-

der the postsecondary enrollment options Act program, broken down by vocational-technical or career program and arts and sciences program.

Sec. 102. Section 262.9, subsection 4, Code 2009, is amended to read as follows: 4. Manage and control the property, both real and personal, belonging to the institutions. 4A. The board shall purchasePurchase or require the purchase of, when the price is reason-

ably competitive and the quality as intended, soybean-based inks. All inks purchased that are used internally or are contracted for by theboard shall be soybean-based to theextent formula- tions for such inks are available.

517 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

a. The department of natural resources shall review the procurement specifications cur- rently used by the board to eliminate, wherever possible, discrimination against the procure- ment of products manufactured with soybean-based inks. b. The department of natural resources shall assist the board in locating suppliers of recy-

cled content products and soybean-based inks and collecting data on recycled content and soybean-based ink purchases. c. The board, in conjunction with the department of natural resources, shall adopt rules to

carry out the provisions of this section subsection. d. Thedepartment of natural resources shall cooperatewith theboard in all phases of imple-

menting this section subsection.

Sec. 103. Section 279.13, subsection 1, paragraph b, subparagraph (1), Code 2009, is amended to read as follows: (1) Prior to entering into an initial contract with a teacher who holds a license other than

an initial license issued by the board of educational examiners under chapter 272, the school district shall initiate a state criminal history record check of the applicant through the division of criminal investigation of the department of public safety, submit the applicant’s fingerprints to the division for submission to the federal bureau of investigation for a national criminal his- tory record check, and review the sex offender registry information under section 692A.13, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for informa- tion regarding applicants the applicant for employment as a teacher.

Sec. 104. Section 282.18, Code 2009, is amended to read as follows: 282.18 OPEN ENROLLMENT. 1. a. It is the goal of the general assembly to permit a wide range of educational choices for

children enrolled in schools in this state and to maximize ability to use those choices. It is therefore the intent that this section be construed broadly to maximize parental choice and access to educational opportunities which are not available to children because of where they live. b. For the school year commencing July 1, 1989, and each succeeding school year, a parent

or guardian residing in a school district may enroll the parent’s or guardian’s child in a public school in another school district in the manner provided in this section. 2. a. By March 1 of the preceding school year for students entering grades one through

twelve, or by September 1 of the current school year for students entering kindergarten, the parent or guardian shall send notification to the district of residence and the receiving district, on forms prescribed by the department of education, that the parent or guardian intends to enroll the parent’s or guardian’s child in a public school in another school district. If a parent or guardian fails to file a notification that the parent intends to enroll the parent’s or guardian’s child in a public school in another district by the deadline specified in this subsection, the pro- cedures of subsection 4 apply. b. Theboard of the receiving district shall enroll the pupil in a school in the receivingdistrict

for the following school year unless the receiving district does not have classroom space for thepupil. Theboardof directors of a receivingdistrictmayadopt apolicygranting the superin- tendent of the school district authority to approve open enrollment applications. If the request is granted, the board shall transmit a copy of the form to the parent or guardian and the school district of residencewithin five days after board action, but not later than June 1 of the preced- ing school year. The parent or guardianmaywithdraw the request at any timeprior to the start of the school year. A denial of a request by the board of a receiving district is not subject to appeal. c. Every school district shall adopt a policy which defines the term “insufficient classroom

space” for that district. 3. a. The superintendent of a district subject to a voluntary diversity or court-ordered de-

segregation plan, as recognized by rule of the state board of education,may deny a request for

518LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

transfer under this section if the superintendent finds that enrollment or release of a pupil will adversely affect the district’s implementation of the desegregation order or diversity plan, un- less the transfer is requested by a pupil whose sibling is already participating in open enroll- ment to another district, or unless the request for transfer is submitted to the district in a timely manner as required under subsection 2 prior to the adoption of a desegregation plan by the district. If a transfer request would facilitate a voluntary diversity or court-ordered desegrega- tion plan, the district shall give priority to granting the request over other requests. b. A parent or guardian, whose request has been denied because of a desegregation order

or diversity plan, may appeal the decision of the superintendent to the board of the district in which the request was denied. The boardmay either uphold or overturn the superintendent’s decision. A decision of the board to uphold the denial of the request is subject to appeal to the district court in the county in which the primary business office of the district is located. The state board of education shall adopt rules establishing definitions, guidelines, and a review process for school districts that adopt voluntary diversity plans. The guidelines shall include criteria and standards that school districts must followwhen developing a voluntary diversity plan. The department of education shall provide technical assistance to a school district that is seeking to adopt a voluntary diversity plan. A school district implementing a voluntary di- versity plan prior to July 1, 2008, shall have until July 1, 2009, to complywith guidelines adopt- ed by the state board pursuant to this section. c. The board of directors of a school district subject to voluntary diversity or court-ordered

desegregation shall developapolicy for implementationof openenrollment in thedistrict. The policy shall contain objective criteria for determining when a request would adversely impact the desegregation order or voluntary diversity plan and criteria for prioritizing requests that do not have an adverse impact on the order or plan. 4. a. AfterMarch 1of the preceding school year anduntil the date specified in section 257.6,

subsection 1, the parent or guardian shall send notification to the district of residence and the receiving district, on forms prescribed by the department of education, that good cause, as de- fined in paragraph “b”, exists for failure to meet theMarch 1 deadline. The board of directors of a receiving school district may adopt a policy granting the superintendent of the school dis- trict authority to approve open enrollment applications submitted after theMarch 1 deadline. The board of the receiving district shall take action to approve the request if good cause exists. If the request is granted, the board shall transmit a copy of the form to the parent or guardian and the school district of residence within five days after board action. A denial of a request by the board of a receiving district is not subject to appeal. b. For purposes of this section, “good cause” means a change in a child’s residence due to

a change in family residence, a change in the state in which the family residence is located, a change in a child’s parents’ marital status, a guardianship or custody proceeding, placement in foster care, adoption, participation in a foreign exchange program, or participation in a sub- stance abuse or mental health treatment program, a change in the status of a child’s resident district such as removal of accreditation by the state board, surrender of accreditation, or per- manent closure of a nonpublic school, revocation of a charter school contract as provided in section 256F.8, the failure of negotiations for a whole grade sharing, reorganization, dissolu- tion agreement or the rejection of a current whole grade sharing agreement, or reorganization plan. If the good cause relates to a change in status of a child’s school district of residence, however, action by a parent or guardianmust be taken to file the notification within forty-five days of the last board action or within thirty days of the certification of the election, whichever is applicable to the circumstances. c. If a resident district believes that a receiving district is violating this subsection, the resi-

dent district may, within fifteen days after board action by the receiving district, submit an ap- peal to the director of the department of education. d. The director, or the director’s designee, shall attempt to mediate the dispute to reach ap-

proval by both boards as provided in subsection 16 14. If approval is not reached under medi- ation, the director or the director’s designee shall conduct a hearing and shall hear testimony from both boards. Within ten days following the hearing, the director shall render a decision

519 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

upholding or reversing the decision by the board of the receiving district. Within five days of the director’s decision, the board may appeal the decision of the director to the state board of education under the procedures set forth in chapter 290. 5. Open enrollment applications filed afterMarch 1 of the preceding school year that do not

qualify for good cause as provided in subsection 4 shall be subject to the approval of the board of the resident district and theboardof the receivingdistrict. Theparent or guardian shall send notification to the district of residence and the receiving district that the parent or guardian seeks to enroll the parent’s or guardian’s child in the receiving district. A decision of either board to deny an application filed under this subsection involving repeated acts of harassment of the student or serious health condition of the student that the resident district cannot ade- quately address is subject to appeal under section 290.1. The state board shall exercise broad discretion to achieve just and equitable results that are in the best interest of the affected child or children. 6. A request under this section is for a period of not less than one year. If the request is for

more than one year and the parent or guardian desires to have the pupil enroll in a different district, the parent or guardian may petition the current receiving district by March 1 of the previous school year for permission to enroll the pupil in a different district for a period of not less than one year. Upon receipt of such a request, the current receiving district board may act on the request to transfer to the other school district at the next regularly scheduled board meeting after the receipt of the request. The new receiving district shall enroll the pupil in a school in the district unless there is insufficient classroomspace in the district or unless enroll- ment of the pupil would adversely affect the court-ordered or voluntary desegregation plan of the district. A denial of a request to change district enrollment within the approved period is not subject to appeal. However, a pupil who has been in attendance in another district under this section may return to the district of residence and enroll at any time, once the parent or guardian has notified the district of residence and the receiving district in writing of the deci- sion to enroll the pupil in the district of residence. 7. A pupil participating in open enrollment shall be counted, for state school foundation aid

purposes, in the pupil’s district of residence. A pupil’s residence, for purposes of this section, means a residence under section 282.1. The board of directors of the district of residence shall pay to the receiving district the state cost per pupil for the previous school year, plus anymon- eys received for the pupil as a result of the non-English speaking weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year. If the pupil participating in open enrollment is also an eligible pupil under sec- tion 261E.6, the receiving district shall pay the tuition reimbursement amount to an eligible postsecondary institution as provided in section 261E.7. 8. If a request filed under this section is for a child requiring special educationunder chapter

256B, the request to transfer to the other district shall only be granted if the receiving district maintains a special education instructional program which is appropriate to meet the child’s educational needs and the enrollment of the child in the receiving district’s programwould not cause the size of the class in that special education instructional program in the receiving dis- trict to exceed themaximumclass size in rules adopted by the state board of education for that program. For children requiring special education, the board of directors of the district of resi- dence shall pay to the receiving district the actual costs incurred in providing the appropriate special education. 9. a. If a parent or guardian of a child, who is participating in open enrollment under this

section,moves to adifferent school district during the courseof either district’s academic year, the child’s first district of residence shall be responsible for payment of the cost per pupil plus weightings or special education costs to the receiving school district for the balance of the school year in which the move took place. The new district of residence shall be responsible for the payments during succeeding years. b. If a request to transfer is due to a change in family residence, change in the state inwhich

the family residence is located, a change in a child’s parents’ marital status, a guardianship proceeding, placement in foster care, adoption, participation in a foreign exchange program,

520LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

or participation in a substance abuse or mental health treatment program, and the child who is the subject of the request is enrolled in any grade from kindergarten through grade twelve at the time of the request and is not currently using any provision of open enrollment, the par- ent or guardian of the child shall have the option to have the child remain in the child’s original district of residence under open enrollment with no interruption in the child’s kindergarten through grade twelve educational program. If a parent or guardian exercises this option, the child’s new district of residence is not required to pay the amount calculated in subsection 7 until the start of the first full year of enrollment of the child. c. Quarterly payments shall be made to the receiving district. d. If the transfer of a pupil from one district to another results in a transfer from one area

education agency to another, the sending district shall forward a copy of the request to the sending district’s area education agency. The receiving district shall forward a copy of the re- quest to the receiving district’s area education agency. Anymoneys received by the area edu- cation agency of the sending district for the pupil who is the subject of the request shall be for- warded to the receiving district’s area education agency. e. A district of residence may apply to the school budget review committee if a student was

not included in the resident district’s enrollment count during the fall of the year preceding the student’s transfer under open enrollment. 10. Notwithstanding section 285.1 relating to transportation of nonresident pupils, the par-

ent or guardian is responsible for transporting the pupil without reimbursement to and from apoint ona regular school bus route of the receivingdistrict. However, a receivingdistrictmay send school vehicles into the district of residence of the pupil using the open enrollment option under this section, for the purpose of transporting the pupil to and from school in the receiving district, if the boards of both the sending and receiving districts agree to this arrangement. If the pupil meets the economic eligibility requirements established by the department and state board of education, the sending district is responsible for providing transportation or paying the pro rata cost of the transportation to a parent or guardian for transporting the pupil to and from a point on a regular school bus route of a contiguous receiving district unless the cost of providing transportation or the pro rata cost of the transportation to a parent or guardian ex- ceeds the average transportation cost per pupil transported for the previous school year in the district. If the cost exceeds the average transportation cost per pupil transported for the previ- ous school year, the sending district shall only be responsible for that average per pupil amount. A sending district which provides transportation for a pupil to a contiguous receiving district under this subsection may withhold from the district cost per pupil amount, that is to be paid to the receiving district, an amount which represents the average or pro rata cost per pupil for transportation, whichever is less. 11. Every school district shall adopt a policy which defines the term “insufficient classroom

space” for that district. 12. The board of directors of a school district subject to voluntary or court-ordered desegre-

gation shall develop a policy for implementation of open enrollment in the district. The policy shall contain objective criteria for determiningwhen a request would adversely impact the de- segregation order or plan and criteria for prioritizing requests that do not have an adverse im- pact on the order or plan. 13. 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 partici- pate immediately in a varsity interscholastic sport if thepupil is enteringgradenine 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 resi- dence and the other school district jointly participate in the sport, if the sport inwhich thepupil 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 schoolwas dissolved andmergedwith one ormore contiguous school dis-

521 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

tricts under section 256.11, subsection 12, if the pupil participates in open enrollment because thepupil’s district of residencehas entered into awhole grade sharingagreementwith another district for the pupil’s grade, or if the parent or guardian of the pupil participating in open en- rollment is an activemember of the armed forces and resides in permanent housing ongovern- ment property provided by a branch of the armed services. A pupil who has paid tuition and attended school, or has attended school pursuant to a mutual agreement between the two dis- tricts, 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 competi- tions under this section, but only as a member of a team from the district that pupil had at- tended. For purposes of this subsection, “school days of enrollment” does not include enroll- ment in summer school. For purposes of this subsection, “varsity” means the same as defined in section 256.46. 14. 12. If a pupil, for whom a request to transfer has been filed with a district, has been sus-

pended or expelled in the district, the pupil shall not be permitted to transfer until the pupil has been reinstated in the sending district. Once the pupil has been reinstated, however, the pupil shall be permitted to transfer in the samemanner as if the pupil had not been suspended or expelled by the sendingdistrict. If a pupil, forwhoma request to transfer has been filedwith a district, is expelled in the district, the pupil shall be permitted to transfer to a receiving dis- trict under this section if the pupil applies for and is reinstated in the sending district. Howev- er, if the pupil applies for reinstatement but is not reinstated in the sending district, the receiv- ingdistrictmaydeny the request to transfer. Thedecisionof the receivingdistrict is not subject to appeal. 15. 13. If a request under this section is for transfer to a laboratory school, as described in

chapter 265, the student, who is the subject of the request, shall not be included in the basic enrollment of the student’s district of residence, and the laboratory school shall report the en- rollment of the student directly to the department of education, unless the number of students from the district attending the laboratory school during the current school year, as a result of open enrollment under this section, exceeds the number of students enrolled in the laboratory school from that district during the 1989-1990 school year. If the number of students enrolled in the laboratory school fromadistrict during the current year exceeds the number of students enrolled from that district during the 1989-1990 school year, those students who represent the difference between the current and the 1988-1989 school year enrollment figures shall be in- cluded in the basic enrollment of the students’ districts of residence and the districts shall re- tain any moneys received as a result of the inclusion of the student in the district enrollment. The total number of students enrolled at a laboratory school during a school year shall not ex- ceed six hundred seventy students. The regents institution operating the laboratory school and the board of directors of the school district in the community in which the regents institu- tion is located shall develop a student transfer policy designed toprotect andpromote thequal- ity and integrity of the teacher education program at the laboratory school, the viability of the education program of the local school district in which the regents institution is located, and to indicate the order inwhich and reasonswhy requests to transfer to a laboratory school shall be considered. A laboratory school may deny a request for transfer under the policy. A denial of a request to transfer under this paragraph is not subject to appeal under section 290.1. 16. 14. An application for open enrollmentmay be granted at any timewith approval of the

resident and receiving districts. 17. 15. The director of the department of education shall recommend rules to the state

board of education for the orderly implementation of this section. The state board shall adopt rules as needed for the implementation of this section.

Sec. 105. Section 282.26, Code 2009, is amended to read as follows: 282.26 HIGH SCHOOL STUDENTS ATTENDING ADVANCED COURSES. 1. The board of any community college may, by mutual agreement with any college or uni-

versity, permit any specially qualified high school student to attend advanced courses of aca- demic instruction at the college or university.

522LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

2. The state board of regents and the state board of education may by rule permit such stu- dents to attend any institution of higher learning under their jurisdiction. Credit earned in any such course at a college or universitymay be applied toward credit for high school graduation. Public school funds shall not be expended for payment of tuition or other costs for such atten- dance at a college or university, unless the payment is expressly permitted or required by law. 3. The foregoing provisions Subsections 1 and 2 shall also apply to colleges and universities

in adjacent stateswhen the institutions are locatednearer to thehomesor schools of the school district than the closest college or university within the state.

Sec. 106. Section 294A.9, subsection 9, Code 2009, is amended to read as follows: 9. Subsections 2, 3, 4, and 7, and this subsection are repealed June 30, 2009.

Sec. 107. Section 294A.25, subsection 2, Code 2009, is amended to read as follows: 2. For the fiscal year beginning July 1, 2009, and for each succeeding fiscal year, there is

appropriated from the general fund of the state to the department of education an amount not to exceed fifteenmillion sixhundred thirty-three thousand twohundred forty-fivedollars. The moneys shall be distributed as provided in this section.

Sec. 108. Section 297.10, Code 2009, is amended to read as follows: 297.10 COMPENSATION. Any compensation for such the use of a schoolhouse and schoolhouse grounds shall be paid

into the general fund and be expended in the upkeep and repair of such school property, and in purchasing supplies therefor for that school property.

Sec. 109. Section 298.3, Code 2009, is amended to read as follows: 298.3 REVENUES FROM THE LEVIES. 1. The revenue from the regular and voter-approved physical plant and equipment levies

shall beplaced in thephysical plant andequipment levy fundandexpendedonly for the follow- ing purposes: 1. a. The purchase and improvement of grounds. For the purpose of this subsection para-

graph: a. (1) “Purchase of grounds” includes the legal costs relating to the property acquisition,

costs of surveys of the property, costs of relocation assistance under state and federal law, and other costs incidental to the property acquisition. b. (2) “Improvement of grounds” includes grading, landscaping, paving, seeding, and

planting of shrubs and trees; constructing sidewalks, roadways, retaining walls, sewers and stormdrains, and installing hydrants; surfacing and soil treatment of athletic fields and tennis courts; exterior lighting, including athletic fields and tennis courts; furnishing and installing flagpoles, gateways, fences, and underground storage tanks which are not parts of building service systems; demolition work; and special assessments against the school district for pub- lic improvements, as defined in section 384.37. 2. b. The construction of schoolhouses or buildings and opening roads to schoolhouses or

buildings. 3. c. The purchase, lease, or lease-purchase of a single unit of equipment or technology ex-

ceeding five hundred dollars in value per unit. 4. d. The payment of debts contracted for the erection or construction of schoolhouses or

buildings, not including interest on bonds. 5. e. Procuring or acquisition of library facilities. 6. f. Repairing, remodeling, reconstructing, improving, or expanding the schoolhouses or

buildings and additions to existing schoolhouses. For the purpose of this paragraph: (1) For the purpose of this subsection, “repairing” “Repairing” means restoring an existing

structure or thing to its original condition, as near asmay be, after decay, waste, injury, or par- tial destruction, but does not include maintenance; and “reconstructing”. (2) “Reconstructing” means rebuilding or restoring as an entity a thing which was lost or

destroyed.

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7. g. Expenditures for energy conservation, including payments made pursuant to a guar- antee furnished by a school district entering into a financing agreement for energy conserva- tionmeasures management improvements, limited to agreements pursuant to section 473.19, 473.20, or 473.20A. 8. h. The rental of facilities under chapter 28E. 9. i. Purchase of transportation equipment for transporting students. 10. j. The purchase of buildings or lease-purchase option agreements for school buildings. 11. k. Equipment purchases for recreational purposes. 12. l. Payments to a municipality or other entity as required under section 403.19, subsec-

tion 2. 2. Interest earnedonmoney in thephysical plant and equipment levy fundmaybeexpended

for a purpose listed in this section. 3. Unencumbered funds collected prior to July 1, 1991, from the levy previously authorized

under section 297.5, Code 1991, may be expended for the purposes listed in this section. 4. Revenue from the regular and voter-approved physical plant and equipment levies shall

not be expended for school district employee salaries or travel expenses, supplies, printing costs or media services, or for any other purpose not expressly authorized in this section.

Sec. 110. Section 298.18, Code 2009, is amended to read as follows: 298.18 BOND TAX — ELECTION — LEASING BUILDINGS. 1. a. The board of each school corporation shall, when estimating and certifying the

amount of money required for general purposes, estimate and certify to the board of supervi- sors of the proper county for the debt service fund the amount required to pay interest due or that may become due for the fiscal year beginning July 1, thereafter upon lawful bonded in- debtedness, and in addition thereto such amount as the board may deem necessary to apply on the principal. b. The amount estimated and certified to apply on principal and interest for any one year

shall not exceed two dollars and seventy cents per thousand dollars of the assessed valuation of the taxable property of the school corporation except as hereinafter otherwise provided in this section. c. For the sole purpose of computing the amount of bonds which may be issued as a result

of the application of any limitation referred to in this section, all interest on the bonds in excess of that accruing in the first twelvemonthsmay be excluded from the first annual levy of taxes, so that the need for including more than one year’s interest in the first annual levy of taxes to pay the bonds and interest shall not operate to further restrict the amount of bondswhichmay be issued, and in certifying the annual levies to the county auditor or auditors such first annual levy of taxes shall be sufficient to pay all principal of and interest on said bonds becoming due prior to the next succeeding annual levy and the full amount of such first annual levy shall be entered for collection by said auditor or auditors, as provided in chapter 76. d. The amount estimated and certified to apply on principal and interest for any one year

may exceed two dollars and seventy cents per thousand dollars of assessed value by the amount approved by the voters of the school corporation, but not exceeding four dollars and five cents per thousand of the assessed value of the taxable property within any school corpo- ration, provided that the registered voters of such school corporation have first approved such increased amount at an election held on a date specified in section 39.2, subsection 4, para- graph “c”. 2. The proposition submitted to the voters at such election shall be in substantially the fol-

lowing form: Shall the board of directors of the . . . . . . . . . . . . . (insert name of school corporation) in the

County of . . . . . . . . . . . , State of Iowa, be authorized to levy annually a tax exceeding two dol- lars and seventy cents per thousand dollars, but not exceeding . . . dollars and . . . . . cents per thousand dollars of the assessed value of the taxable property within said school corporation to pay the principal of and interest on bonded indebtedness of said school corporation, it being understood that the approval of this proposition shall not limit the source of payment of the bonds and interest but shall only operate to restrict the amount of bondswhichmay be issued?

524LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

3. Notice of the election shall be given by the county commissioner of elections according to section 49.53. The county commissioner of elections shall conduct the election pursuant to the provisions of chapters 39 through 53 and certify the results to the board of directors. The proposition shall not be deemed carried or adopted unless the vote in favor of such proposition is equal to at least sixty percent of the total vote cast for and against the proposition at the elec- tion. Whenever such a proposition has been approved by the voters of a school corporation as hereinbefore provided, no further approval of the voters of such school corporation shall be required as a result of any subsequent change in the boundaries of such school corporation. 4. The voted tax levy referred to herein in this section shall not limit the source of payment

of bonds and interest but shall only restrict the amount of bonds which may be issued. 5. a. The ability of a school corporation to exceed two dollars and seventy cents per thou-

sand dollars of assessed value to service principal and interest payments on bonded indebted- ness is limited and conferred only to those school corporations engaged in the administration of elementary and secondary education. b. Provided further that if If a school corporation leases a building or property, which has

beenused as a junior college by such corporation, to a community college, the annual amounts certified as herein provided by such leasing school corporation for payment of interest and principal due on lawful bonded indebtedness incurred by such leasing school corporation for purchasing, building, furnishing, reconstructing, repairing, improving or remodeling the building leased or acquiring or adding to the site of such property leased, to the extent of the respective annual rent the school corporation will receive under such lease, shall not be con- sidered as a part of the total amount estimated and certified for the purposes of determining if such amount exceeds any limitation contained in this section.

Sec. 111. Section 306C.10, Code 2009, is amended by adding the followingnewsubsection: NEW SUBSECTION. 17A. “Specific information of interest to the traveling public” means

only information about public places for camping, lodging, eating, and motor fuel and associ- ated services, including trade nameswhich have telephone facilities availablewhen the public place is open for business and businesses engaged in sellingmotor fuel which have free air for tire inflation and restroom facilities available when the public place is open for business.

Sec. 112. Section 306C.11, subsection 5, Code 2009, is amended to read as follows: 5. a. Signs, displays, anddevices giving specific information of interest to the travelingpub-

lic, shall be erected by thedepartment andmaintainedwithin the right-of-way in the areas, and at appropriate distances from interchanges on the interstate system and freeway primary highways as shall conformwith the rules adoptedby thedepartment. The rules shall be consis- tentwith national standards promulgated from time to time or as permitted by the appropriate authority of the federal government pursuant to 23 U.S.C. § 131(f) except as provided in this section. The rules shall include but are not limited to the following: a. (1) Criteria for eligibility for signing. b. (2) Criteria for limiting or excluding businesses that maintain advertising devices that

do not conform to the requirements of chapter 306B, this division, or other statutes or adminis- trative rules regulating outdoor advertising. c. (3) Provisions for a fee schedule to cover the direct and indirect costs of sign erection and

maintenance and related administrative costs. d. (4) Provisions for specifying the maximum distance to eligible businesses. e. (5) Provisions specifying the maximum number of signs permitted per panel and per in-

terchange. f. (6) Provisions for determining what businesses are signed when there are more appli-

cants than the maximum number of signs permitted. g. (7) Provisions for removing signs when businesses cease to meet minimum require-

ments for participation and related costs. For purposes of this division, “specific information of interest to the traveling public”means

only information about public places for camping, lodging, eating, and motor fuel and associ-

525 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

ated services, including trade nameswhich have telephone facilities availablewhen the public place is open for business and businesses engaged in sellingmotor fuel which have free air for tire inflation and restroom facilities available when the public place is open for business. b. Business signs supplied to the department by commercial vendors shall be on panels,

with dimensional and material specifications established by the department. A business sign included under the provisions of this section shall not be posted unless it is in compliancewith these specifications. The commercial vendor shall pay to the department a fee based upon the schedule adopted under this subsection for each business sign supplied for posting. Upon fur- nishing the business signs to the department andpayment of all fees, thedepartment shall post the business signs on eligible specific information panels. Faded signs shall be replaced and the commercial vendor charged for the cost of replacement basedupon the fee schedule adopt- ed. There is created in the office of the treasurer of state a fund to be known as the “highway beautification fund” and all funds received for the posting on specific information panels shall be deposited in the “highway beautification fund”. Information on motor fuel and associated services may include vehicle service and repair where the same is available.

Sec. 113. Section 307.21, Code 2009, is amended to read as follows: 307.21 ADMINISTRATIVE SERVICES. 1. The department’s administrator of administrative services shall: 1. a. Provide for the proper maintenance and protection of the grounds, buildings, and

equipment of the department, in cooperation with the department of administrative services. 2. b. Establish, supervise, and maintain a system of centralized electronic data processing

for the department, in cooperation with the department of administrative services. 3. c. Assist the director in preparing the departmental budget. 4. a. d. Provide centralizedpurchasing services for thedepartment, in cooperationwith the

department of administrative services. The administrator shall, when the price is reasonably competitive and the quality as intended, purchase soybean-based inks and plastic products with recycled content, including but not limited to plastic garbage can liners, and shall pur- chase these items in accordance with the schedule established in section 8A.315. However, the administrator need not purchase garbage can liners in accordancewith the schedule if the liners are utilized by a facility approved by the environmental protection commission created under section455A.6, for purposes of recycling. For purposes of this subsection section, “recy- cled content”means that the content of the product contains aminimumof thirty percent post- consumer material. e. Assist the director in employing the professional, technical, clerical, and secretarial staff

for the department andmaintain employee records, in cooperationwith the department of ad- ministrative services and provide personnel services, including but not limited to training, safety education, and employee counseling. f. Assist the director in coordinating the responsibilities and duties of the various divisions

within the department. g. Carry out all other general administrative duties for the department. h. Perform such other duties and responsibilities as may be assigned by the director. b. 2. The When performing the duty of providing centralized purchasing services under

subsection 1, the administrator shall do all of the following: (1) a. Purchase and use recycled printing and writing paper in accordance with the sched-

ule established in section 8A.315. (2) b. Establish a wastepaper recycling program in accordance with recommendations

made by the department of natural resources and the requirements of section 8A.329. (3) c. Require in accordance with section 8A.311 product content statements and compli-

ance with requirements regarding procurement specifications. (4) d. Comply with the requirements for the purchase of lubricating oils, industrial oils,

greases, and hydraulic fluids as established pursuant to section 8A.316. (5) e. Give preference to purchasing designated biobased products in the same manner as

provided in section 8A.317.

526LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

c. 3. The department shall report to the general assembly by February 1 of each year, the following: (1) a. A listing of plastic products which are regularly purchased by the board for which re-

cycled content product alternatives are available, including the cost of the plastic products purchased and the cost of the recycled content product alternatives. (2) b. Information relating to soybean-based inks and plastic garbage can liners with recy-

cled content regularly purchased by the department, including the cost of purchasing soy- bean-based inks and plastic garbage can liners with recycled content and the percentages of soybean-based inks and plastic garbage can liners with recycled content that have been pur- chased. d. 4. A gasoline-powered vehicle purchased by the administrator shall not operate on gaso-

line other than ethanol blended gasoline as defined in section 214A.1. A diesel-poweredmotor vehicle purchased by the administrator shall not operate on diesel fuel other than biodiesel fuel as defined in section 214A.1, if commercially available. A state-issued credit card shall not be valid topurchasegasolineother thanethanol blendedgasolineor topurchase diesel fuel other than biodiesel fuel, if commercially available. The motor vehicle shall also be affixed with a brightly visible stickerwhich notifies the traveling public that themotor vehicle is being operated on ethanol blended gasoline or biodiesel fuel, as applicable. However, the sticker is not required to be affixed to an unmarked vehicle used for purposes of providing law enforce- ment or security. 5. a. Of all new passenger vehicles and light pickup trucks purchased by the administrator,

a minimum of ten percent of all such vehicles and trucks purchased shall be equipped with engineswhich utilize alternativemethods of propulsion, including but not limited to any of the following: (1) A flexible fuel which is any of the following: (a) E-85 gasoline as provided in section 214A.2. (b) B-20 biodiesel blended fuel as provided in section 214A.2. (c) A renewable fuel approved by the office of renewable fuels and coproducts pursuant to

section 159A.3. (2) Compressed or liquefied natural gas. (3) Propane gas. (4) Solar energy. (5) Electricity. b. The provisions of this subsection do not apply to vehicles and trucks purchased and di-

rectly used for law enforcement or off-road maintenance work. 6. The administrator shall, whenever technically feasible, purchase and use degradable

loose foampackingmaterial manufactured from grain starches or other renewable resources, unless the cost of the packing material is more than ten percent greater than the cost of pack- ing material made from nonrenewable resources. For the purposes of this subsection, “pack- ing material” means material, other than an exterior packing shell, that is used to stabilize, protect, cushion, or brace the contents of a package. 7. Assist the director in employing the professional, technical, clerical and secretarial staff

for the department andmaintain employee records, in cooperationwith the department of ad- ministrative services and provide personnel services, including but not limited to training, safety education, and employee counseling. 8. Assist the director in coordinating the responsibilities and duties of the various divisions

within the department. 9. Carry out all other general administrative duties for the department. 10. Perform such other duties and responsibilities as may be assigned by the director. 7. The administrator of administrative services may purchase items from the department

of administrative services and may cooperate with the director of the department of adminis- trative services by providing purchasing services for the department of administrative servic- es.

527 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

Sec. 114. Section 312.2, Code 2009, is amended to read as follows: 312.2 ALLOCATIONS FROM FUND. 1. The treasurer of the state shall, on the first dayof eachmonth, credit all roaduse tax funds

which have been received by the treasurer, to the primary road fund, the secondary road fund of the counties, the farm-to-market road fund, and the street construction fund of cities in the following manner and amounts: 1. a. To the primary road fund, forty-seven and one-half percent. 2. b. To the secondary road fund of the counties, twenty-four and one-half percent. 3. c. To the farm-to-market road fund, eight percent. 4. d. To the street construction fund of the cities, twenty percent. 5. 2. The treasurer of state shall before making the above allotments in subsection 1 credit

annually to the highway grade crossing safety fund the sum of seven hundred thousand dol- lars, credit annually from the road use tax fund the sum of nine hundred thousand dollars to the highway railroad grade crossing surface repair fund, credit monthly to the primary road fund the dollars yielded from an allotment of sixty-five hundredths of one percent of all road use tax funds for the express purpose of carrying out subsection 11 of section 307A.2, section 313.4, subsection 2, and section 307.45, and credit annually to the primary road fund the sum of five hundred thousand dollars to be used for paying expenses incurred by the state depart- ment of transportation other than expenses incurred for extensions of primary roads in cities. All unobligated funds provided by this subsection, except those funds credited to the highway grade crossing safety fund, shall at the end of each year revert to the road use tax fund. Funds in the highway grade crossing safety fund shall not revert to the road use tax fund except to the extent they exceed five hundred thousand dollars at the end of any biennium. The cost of each highway railroad grade crossing repair project shall be allocated in the following man- ner: a. Twenty percent of the project cost shall be paid by the railroad company. b. Twenty percent of the project cost shall be paid by the highway authority having jurisdic-

tion of the road crossing the railroad. c. Sixty percent of the project cost shall be paid from the highway railroad grade crossing

surface repair fund. 6. 3. The treasurer of state shall before making the allotments provided for in this section

credit monthly to the state department of transportation funds sufficient in amount to pay the costs of purchasing certificate of title and registration forms, and supplies and materials and for the cost of prison labor used in manufacturing motor vehicle registration plates, decalco- mania emblems, and validation stickers at the prison industries. 7. 4. The treasurer of state, before making the allotments provided in this section, shall

credit annually to the primary road fund from the road use tax fund the sum of seven million one hundred thousand dollars. 8. 5. a. The treasurer of state, beforemaking any allotments to counties under this section,

shall reduce the allotment to a county for the secondary road fund by the amount by which the total funds that the county transferred or provided during the prior fiscal year under section 331.429, subsection 1, paragraphs “a”, “b”, “d”, and “e”, are less than seventy-five percent of the sum of the following: a. (1) From the general fund of the county, the dollar equivalent of a tax of sixteen and

seven-eighths cents per thousand dollars of assessed value on all taxable property in the coun- ty. b. (2) From the rural services fund of the county, the dollar equivalent of a tax of three dol-

lars and three-eighths of a cent per thousand dollars of assessed value on all taxable property not located within the corporate limits of a city in the county. b. Funds remaining in the secondary road fund of the counties due to a reduction of alloca-

tions to counties for failure tomaintain aminimum local tax effort shall be reallocated to coun- ties that are not reduced under this subsection pursuant to the allocation provisions of section 312.3, subsection 1, based upon the needs and area of the county. Information necessary to

528LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

make allocations under this subsection shall be provided by the state department of transpor- tation or the director of the department ofmanagement upon request by the treasurer of state. 9. 6. The treasurer of state, before making the allotments provided for in this section, shall

credit annually to the living roadway trust fund created under section 314.21 one hundred fifty thousand dollars from the road use tax fund. 10. 7. The treasurer of state, beforemaking theother allotmentsprovided for in this section,

shall credit annually to the primary road fund from the road use tax fund the sum of four mil- lion four hundred thousand dollars and to the farm-to-market road fund from the road use tax fund the sum of one million five hundred thousand dollars for partial compensation of allow- ing trucks to operate on the roads of this state as provided in section 321.463. 11. 8. The treasurer of state, beforemaking the allotments provided for in this section, shall

credit annually to the living roadway trust fund created under section 314.21 one hundred thousand dollars from the road use tax fund. 12. 9. The treasurer of state, beforemaking the allotments provided for in this section, shall

creditmonthly from the roaduse tax fund to the revitalize Iowa’s soundeconomy fund, created under section 315.2, the revenue accruing to the road use tax fund in the amount equal to the revenues collected under each of the following: a. From the excise tax on motor fuel and special fuel imposed under the tax rate of section

452A.3 except aviation gasoline, the amount of excise tax collected fromone and three-fourths cents per gallon. b. From the excise tax on special fuel for diesel engines, the amount of excise tax collected

from one and three-fourths cents per gallon. 13. 10. The treasurer of state, before making the allotments provided for in this section,

shall credit monthly from the road use tax fund to the secondary road fund the revenue accru- ing to the road use tax fund in the amount equal to the revenues collected under each of the following: a. From the excise tax on motor fuel and special fuel imposed under the tax rate of section

452A.3, except aviation gasoline, the amount of excise tax collected from one-fourth cent per gallon. b. From the excise tax on special fuel for diesel engines, the amount of excise tax collected

from one-fourth cent per gallon. 14. 11. The treasurer of state, before making the allotments provided for in this section,

shall credit monthly from the road use tax fund to the state department of transportation for county, city, and state traffic safety improvement projects an amount equal to one-half of one percent of moneys credited to the road use tax fund. 15. 12. a. The treasurer of state, before making the allotments provided for in this section,

for the fiscal year beginning July 1, 1990, and each succeeding fiscal year, shall credit from the road use tax fund two million dollars to the county bridge construction fund, which is hereby created. Moneys credited to the county bridge construction fund shall be allocated to counties by the department for bridge construction, reconstruction, replacement, or realignment based on needs in accordance with rules adopted by the department. b. The treasurer of state, before making the allotments provided for in this section, for the

fiscal year beginning July 1, 1990, and each succeeding fiscal year, shall credit from the road use tax fund five hundred thousand dollars to the city bridge construction fund, which is here- by created. Moneys credited to the city bridge construction fund shall be allocated to cities by the department for bridge construction and reconstruction based on needs in accordance with rules adopted by the department. 16. 13. The treasurer of state, before making the allotments provided for in this section,

shall credit annually from the road use tax fund to the state department of transportation the sum of six hundred fifty thousand dollars for the purpose of providing county treasurers with automation and telecommunications equipment and support for vehicle registration and ti- tling and driver licensing. Notwithstanding section 8.33, unobligated funds credited under this subsection remaining on June 30 of the fiscal year shall not revert but shall remain avail- able for expenditure for purposes of this subsection in subsequent fiscal years.

529 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

17. 14. The treasurer of state, before making the allotments provided for in this section, shall credit monthly from the road use tax fund to the primary road fund an amount equal to ten percent of the revenues collected from the operation of section 321.105A, subsection 2, to be used for the commercial and industrial highway network. 18. 15. a. The treasurer of state, before making the allotments provided for in this section,

shall credit monthly to the TIME-21 fund created in section 312A.2, an amount equal to ten dollars from each fee for issuance of a certificate of title collected pursuant to sections 321.20; 321.20A; 321.23; 321.42; 321.46, other than a title issued for a returned vehicle under section 322G.12; section 321.47; and section 321.109 and an amount equal to eight dollars from each fee collected for issuance of a certificate of title pursuant to section 321.46 for a returned vehi- cle under section 322G.12 and from each fee collected for issuance of a salvage certificate of title pursuant to section 321.52. b. This subsection is repealed June 30, 2028. 19. 16. a. The treasurer of state, before making the allotments provided for in this section,

shall creditmonthly to the TIME-21 fund created in section 312A.2 an amount equal to ten dol- lars fromeach trailer registration fee collected pursuant to section 321.123, subsection 1, para- graph “a”, subparagraph (1), twenty dollars from each trailer registration fee collected pursu- ant to section 321.123, subsection 1, paragraph “a”, subparagraph (2), and one-third of the amount collected from trailer registration fees pursuant to section 321.123, subsection 2. b. This subsection is repealed June 30, 2028. 20. 17. a. The treasurer of state, before making the allotments provided for in this section,

shall credit annually to the TIME-21 fund created in section 312A.2, the revenue accruing to the roaduse tax fund fromannualmotor vehicle registration fees for passenger cars,multipur- pose vehicles, andmotor trucks in excess of three hundred ninety-twomillion dollars annual- ly. b. This subsection is repealed June 30, 2028.

Sec. 115. Section 314.2, Code 2009, is amended to read as follows: 314.2 INTEREST IN CONTRACT PROHIBITED. No state or county official or employee, elective or appointive shall be directly or indirectly

interested in any contract for the construction, reconstruction, improvement or maintenance of any highway, bridge or culvert, or the furnishing of materials therefor. The letting of a con- tract in violation of the foregoing provisions this section shall invalidate the contract and such violation shall be a complete defense to any action to recover any consideration due or earned under the contract at the time of its termination.

Sec. 116. Section 321.52A, Code 2009, is amended to read as follows: 321.52A CERTIFICATE OF TITLE SURCHARGE — ALLOCATION OF MONEYS. In addition to the fee required for the issuance of a certificate of title under section 321.20,

321.20A, 321.23, 321.42, 321.46, 321.47, 321.48, 321.50, or 321.52, a surcharge of five dollars shall be required. Of each surcharge collected under those sections, the county treasurer shall remit five dollars to the office of treasurer of state for deposit as set forth in section 321.145, subsection 2.

Sec. 117. Section 321.92, subsection 1, Code 2009, is amended to read as follows: 1. FRAUDULENT INTENT. a. No person shall with fraudulent intent, deface, destroy, or alter the vehicle identification

number or component part number or other distinguishing number or identification mark of a vehicle or component part, including a rebuilt identification, nor shall a person place or stamp a serial, engine, or other number ormark upon a vehicle or component part, except one assigned thereto by the department. b. The year of manufacture of a fence-line feeder, grain cart, or tank wagon manufactured

onor after July 1, 2001, shall be permanentlymade apart of the identificationplate on the vehi- cle. A person shall not fraudulently alter, deface, or attempt to fraudulently alter or deface the

530LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

year of manufacture or other product identification number on a fence-line feeder, grain cart, or tank wagon. c. A violation of this provision subsection is a felony punishable as provided in section

321.483. d. This subsection does not prohibit the restoration of an original vehicle identification

number, component part number, or other number or mark when the restoration is made by the department, nor prevent a manufacturer from placing, in the ordinary course of business, numbers or marks upon vehicles or component parts.

Sec. 118. Section 321.231, subsection 5, Code 2009, is amended to read as follows: 5. The foregoing provisions of this section shall not relieve the driver of an authorized emer-

gency vehicle or the rider of a police bicycle from the duty to drive or ride with due regard for the safety of all persons, nor shall such provisions protect the driver or rider from the conse- quences of the driver’s or rider’s reckless disregard for the safety of others.

Sec. 119. Section 321.285, Code 2009, is amended to read as follows: 321.285 SPEED RESTRICTIONS. 1. Any person driving a motor vehicle on a highway shall drive the same at a careful and

prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other conditions then existing, and noperson shall drive any vehicle uponahighway at a speed greater thanwill permit theperson to bring it to a stop within the assured clear distance ahead, such driver having the right to as- sume, however, that all persons using said highway will observe the law. 2. a. The following shall be the lawful speed except as Unless otherwise provided by this

section, or except as posted pursuant to sections 262.68, 321.236, subsection 5, section 321.288, subsection 6, sections 321.289, 321.290, 321.293, 321.295, and 461A.36, the following shall be the lawful speed and any speed in excess thereof shall be unlawful: 1. (1) Twenty miles per hour in any business district. 2. (2) Twenty-five miles per hour in any residence or school district. 3. (3) Forty-five miles per hour in any suburban district. b. Each school district as defined in subsection 70 of section 321.1 shall be marked by dis-

tinctive signs as provided by the current manual of uniform traffic control devices adopted by the department and placed on the highway at the limits of such school district. 4. 3. Notwithstanding any Unless otherwise provided in this section or by other speed re-

strictions, the speed limit for all vehicular traffic shall be fifty-five miles per hour. 5. 4. Reasonable A reasonable and proper speed is required, but not greater than fifty-five

miles per hour at any time between sunrise and sunset, and not greater than fifty miles per hour at any time between sunset and sunrise, on secondary roads unless such roads are sur- faced with concrete or asphalt or a combination of both, in which case the speed limits shall be the same as provided in subsection 4 of this section 3. When the board of supervisors of any county shall determine upon the basis of an engineering and traffic investigation that the speed limit on any secondary road is greater than is reasonable and proper under the condi- tions found to exist at any intersection or other place or upon any part of a secondary road, the board shall determine and declare a reasonable and proper speed limit at the intersection orotherpart of the secondary road. The speed limits as determinedby theboardof supervisors shall be effective when appropriate signs giving notice of the speed limits are erected by the board of supervisors at the intersection or other place or part of the highway. 6. 5. a. Notwithstanding any other speed restrictions, the speed limit for all vehicular traf-

fic on fully controlled-access, divided, multilaned highways is sixty-fivemiles per hour. How- ever, the speed limit for all vehicular traffic on highways that are part of the interstate road system, as defined in section 306.3, is seventy miles per hour. The department may establish a speed limit of sixty-fivemilesper houron certaindivided,multilanedhighwaysnot otherwise described in this paragraph. b. The department, on its ownmotion or in response to a recommendation of ametropolitan

531 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

or regional planning commission or council of governments,may establish a lower speed limit on a highway described in this subsection. c. For the purposes of this subsection, “fully controlled-access highway” means a highway

that gives preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections. d. A minimum speed may be established by the department on the highways referred to in

this subsection if warranted by engineering and traffic investigations. e. Any kind of vehicle, implement, or conveyance incapable of attaining and maintaining

a speed of forty miles per hour shall be prohibited from using the interstate road system. 7. 6. Notwithstanding any other speed restrictions, a self-propelled implement of husband-

ry equippedwith flotation tires that is designed to be loaded and operated in the field and used exclusively for the application of organic or inorganic plant food materials, agricultural lime- stone, or agricultural chemicals shall not be operated on a highway at a speed in excess of thirty-five miles per hour.

Sec. 120. Section 321.376, subsection 1, Code 2009, is amended to read as follows: 1. The driver of a school bus shall hold a driver’s license issued by the department of trans-

portation valid for the operation of the school bus and a certificate of qualification for opera- tion of a commercial motor vehicle issued by a physician or osteopathic physician licensed pursuant to chapter 148or 150A,physician’s assistant, advanced registerednursepractitioner, or chiropractor or anyotherperson identifiedby federal and state lawasauthorized toperform physical examinations, and shall successfully complete an approved course of instruction in accordance with subsection 2. A person holding a temporary restricted license issued under chapter 321J shall be prohibited from operating a school bus. The department of education shall refuse to issue an authorization to operate a school bus to any person who, after notice andopportunity for hearing, is determined to have committed any of the acts proscribedunder section 321.375, subsection 2. The department of education shall take adverse action against anypersonwho, after notice andopportunity forhearing, is determined tohave committedany of the acts proscribed under section 321.375, subsection 2. Such action may include a repri- mand or warning of the person or the suspension or revocation of the person’s authorization to operate a school bus. The department of education shall recommend, and the state board of education shall adopt under chapter 17A, rules and procedures for issuing and suspending or revoking authorization to operate a school bus in this state. Rules and procedures adopted shall include, but are not limited to, provisions for the revocation or suspension of, or refusal to issue, authorization to persons who are determined to have committed any of the acts pro- scribed under section 321.375, subsection 2.

Sec. 121. Section 321.463, subsection 4, paragraph b, Code 2009, is amended to read as fol- lows: b. (1) Notwithstanding any provision of this section to the contrary, the weight on any one

axle of a fence-line feeder, grain cart, or tank wagon operated on the highways of this state shall not exceed twenty-four thousand pounds from February 1 through May 31 or twenty- eight thousandpounds fromJune1 throughJanuary 31, provided, however, that themaximum gross vehicleweight of the fence-line feeder, grain cart, or tankwagon shall not exceedninety- six thousand pounds. (2) Notwithstanding any provision of this section to the contrary, a tracked implement of

husbandry operated on the highways of this state shall not have a maximum gross weight in excess of ninety-six thousand pounds. (3) A fence-line feeder, grain cart, tank wagon, or tracked implement of husbandry shall

comply with the other provisions of this section and chapter when operated over a bridge in this state. A local authority may issue a special permit, based on a statewide standard devel- oped by the department, allowing the operation over a bridgewithin its jurisdiction of a fence- line feeder, grain cart, tankwagon, or tracked implement of husbandrywith aweight in excess of the weights allowed under this chapter.

532LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

(2) (4) For purposes of this paragraph “b”, “highway”: (a) “Highway” does not include a bridge. (b) For purposes of this paragraph “b”, “fence-line “Fence-line feeder, grain cart, or tank

wagon” means all of the following: (a) (i) A fence-line feeder, grain cart, or tank wagonmanufactured on or after July 1, 2001. (b) (ii) After July 1, 2005, any fence-line feeder, grain cart, or tank wagon. The year of manufacture of a fence-line feeder, grain cart, or tank wagon manufactured on

or after July 1, 2001, shall be permanentlymade a part of the identification plate on the vehicle. Fraudulently altering or defacing or attempting to fraudulently alter or deface the year ofman- ufacture or other product identification number on a fence-line feeder, grain cart, or tankwag- on is a violation of section 321.92.

Sec. 122. Section 321.488, Code 2009, is amended to read as follows: 321.488 PROCEDURE NOT EXCLUSIVE. The foregoing provisions of this chapter shall govern all peace officers in making arrests

without a warrant for violations of this chapter for offenses committed in their presence, but the procedure prescribed herein shall not be exclusive of any other method prescribed by law for the arrest and prosecution of a person.

Sec. 123. Section 321.506, Code 2009, is amended to read as follows: 321.506 ACTUAL SERVICE WITHIN THIS STATE. The foregoing provisions of this chapter relative to service of original notice of suit on non-

residents shall not be deemed to prevent actual personal service in this state upon the nonresi- dent in the time, manner, form, and under the conditions provided for service on residents.

Sec. 124. Section 321A.7, Code 2009, is amended to read as follows: 321A.7 DURATION OF SUSPENSION. The If a person’s license and registration and or nonresident’s operating privilege has been

suspendedasprovided in section321A.5, that license and registrationor privilege shall remain so suspended and shall not be renewed nor shall any such and a new license or registration shall not be issued to such that person until one of the following has occurred: 1. Such The person shall deposit deposits or there shall be is deposited on the person’s be-

half the security required under section 321A.5; or. 2. Twelve months have elapsed after such accident, provided and the department has not

been notified by any party to the action or an attorney for any party that an action for damages arising out of such accident has been instituted within one year from the date of the accident; or. 3. Evidence satisfactory to the department has been filed with the department of a release

from liability, or a final adjudication of nonliability, or a warrant for confession of judgment, or a duly acknowledged written agreement, in accordance with section 321A.6, subsection 4; provided,. If, however, in the event there shall be is any default in the payment of any install- ment under any confession of judgment, then, upon notice of such default, the department shall forthwith immediately suspend the license and registration or nonresident’s operating privilege of such person defaulting which shall not be restored unless and until the entire amount provided for in said confession of judgment has been paid; and provided, further, that in the event. In addition, if there shall be is any default in the payment of any installment under any duly acknowledged written agreement, then, upon notice of such default, the department shall forthwith immediately suspend the license and registration or nonresident’s operating privilegeof such that persondefaultingwhichand the license and registrationornonresident’s operating privilege shall not be restored unless and until one of the following occurs: a. Such person deposits and thereaftermaintains security as required under section 321A.5

in such amount as the department may then determine, or. b. Twelve months have elapsed after such security was required, provided and the depart-

ment has not been notified by any party to the action or an attorney for any party that an action

533 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

upon such an agreement has been instituted in a court in this state within one year after such security was required.

Sec. 125. Section 330A.10, Code 2009, is amended to read as follows: 330A.10 FUNDS OF AN AUTHORITY. 1. Moneys of an authority shall be paid to the treasurer of the authority who shall not com-

mingle said moneys with any other moneys, but shall deposit them in a separate account or accounts. The moneys in said accounts shall be paid out on check of the treasurer on requisi- tion of the chairperson of the authority, or of such other person, or persons, as the authority may authorize to make such requisition. 2. Notwithstanding the aforementioned provisions subsection 1, an authority is hereby au-

thorized, and shall have the right, to deposit any of its rates, fees, rentals, or other charges, receipts or incomewith anybankor trust companywithin the state and to deposit the proceeds of any bonds issued hereunder with any bank or trust company within the state, all as may be provided in any agreement with the holders of bonds issued hereunder.

Sec. 126. Section 331.653, subsection 27, Code 2009, is amended to read as follows: 27. Give notice of the time and place of making an appraisement of unneeded school land

as provided in section sections 297.17 and 297.28.

Sec. 127. Section 335.22, Code 2009, is amended to read as follows: 335.22 PRECEDENCE. All issues in any proceedings under the foregoing sections 335.18 through 335.21 shall have

preference over all other civil actions and proceedings.

Sec. 128. Section 358.8, Code 2009, is amended to read as follows: 358.8 EXPENSES AND COSTS OF ELECTION. The election held pursuant to this chapter shall be conducted by the county commissioner

of elections. All expenses incurred in carrying out the foregoing sections 358.4 and 358.5 of this chapter, togetherwith the costs of the election, as determined by the county commissioner of elections, shall be paid by those who will be benefited by the proposed sanitary district. If the district is not established, the expenses and costs shall be collected upon thebond or bonds of the petitioners.

Sec. 129. Section 358C.9, Code 2009, is amended to read as follows: 358C.9 EXPENSES AND COSTS OF ELECTION. The election held pursuant to this chapter shall be conducted by the county commissioner

of elections. All expenses incurred in carrying out the preceding sections of this chapter 358C.5 and 358C.6, and the costs of the election, as determined by the county commissioner of elections, shall be paid by thosewhowill be benefited by the proposed district. If the district is not established, the expenses and costs shall be collected upon the bonds of the petitioners.

Sec. 130. Section 364.17, subsection 3, Code 2009, is amended to read as follows: 3. a. A city which adopts or is subject to a housing code under this section shall adopt en-

forcement procedures, which shall include a program for regular rental inspections, rental in- spections upon receipt of complaints, and certification of inspected rental housing, and may include but are not limited to the following: a. (1) A schedule of civil penalties or criminal fines for violations. A city may charge the

owner of housing a late payment fee of twenty-five dollars and may add interest of up to one and one-half percent per month if a penalty or fine imposed under this paragraph subpara- graph is not paid within thirty days of the date that the penalty or fine is due. The city shall send a notice of the late payment fee to such owner by first class mail to the owner’s personal or business mailing address. The late payment fee and the interest shall not accrue if such owner files an appeal with either the city, if the city has established an appeals procedure, or

534LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

the district court. Any unpaid penalty, fine, fee, or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. However, before a lien is filed, the city shall send a notice of intent to file a lien to the owner of the housing by first class mail to such owner’s personal or business mailing address. b. (2) Authority for the issuance of orders requiring violations to be corrected within a rea-

sonable time. c. (3) Authority for the issuance of citations pursuant to sections 805.1 to 805.5 upon a fail-

ure to satisfactorily remedy a violation. d. (4) Authority, if other methods have failed, for an officer to contract to have work done

as necessary to remedy a violation, the cost of which shall be assessed to the violator and con- stitute a lien on the property until paid. e. (5) An escrow system for the deposit of rent which will be applied to the costs of correct-

ing violations. f. (6) Mediation of disputes based upon alleged violations. g. (7) Injunctive procedures. The enforcement procedures shall be designed to improve housing conditions rather than

to displace persons from their homes. h. (8) Authority by ordinance to provide that no rent shall be recoverable by the owner or

lessee of any dwelling which does not comply with the housing code adopted by the city until such time as the dwelling does comply with the housing code adopted by the city. b. The enforcement procedures shall be designed to improve housing conditions rather

than to displace persons from their homes.

Sec. 131. Section 384.84, subsection 2, paragraph c, Code 2009, is amended to read as fol- lows: c. A city utility or enterprise service to a property or premises shall not be discontinued un-

less prior written notice is sent, by ordinarymail, to the account holder in whose name the de- linquent rates or charges were incurred, informing the account holder of the nature of the de- linquency and affording the account holder the opportunity for a hearing prior to discontinuance of service. If the account holder is a tenant, and if the owner or landlord of the property or premises has made a written request for notice, the notice shall also be given to the owner or landlord.

Sec. 132. Section 384.84, subsection 3, paragraph c, Code 2009, is amended to read as fol- lows: c. A lien for a city utility or enterprise service under paragraph “a” shall not be certified to

the county treasurer for collection unless prior written notice of intent to certify a lien is given to the account holder in whose name the delinquent rates or charges were incurred at least thirty days prior to certification. If the account holder is a tenant, and if the owner or landlord of the property or premises hasmade awritten request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinarymail not less than thirty days prior to certification of the lien to the county treasurer.

Sec. 133. Section 414.19, Code 2009, is amended to read as follows: 414.19 PREFERENCE IN TRIAL. All issues in any proceedings under the foregoing sections 414.15 through 414.18 shall have

preference over all other civil actions and proceedings.

Sec. 134. Section 421B.3, subsection 3, paragraph b, Code 2009, is amended to read as fol- lows: b. Each day the a violation occurs counts as a new violation for purposes of this subsection.

Sec. 135. Section 422.5, Code 2009, is amended to read as follows: 422.5 TAX IMPOSED — EXCLUSIONS — ALTERNATIVE MINIMUM TAX. 1. A tax is imposed upon every resident and nonresident of the state which tax shall be lev-

535 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

ied, collected, and paid annually upon andwith respect to the entire taxable income as defined in this division at rates as follows: a. On all taxable income from zero through one thousand dollars, thirty-six hundredths of

one percent. b. On all taxable income exceeding one thousand dollars but not exceeding two thousand

dollars, seventy-two hundredths of one percent. c. On all taxable income exceeding two thousand dollars but not exceeding four thousand

dollars, two and forty-three hundredths percent. d. On all taxable income exceeding four thousand dollars but not exceeding nine thousand

dollars, four and one-half percent. e. On all taxable income exceeding nine thousand dollars but not exceeding fifteen thou-

sand dollars, six and twelve hundredths percent. f. On all taxable income exceeding fifteen thousand dollars but not exceeding twenty thou-

sand dollars, six and forty-eight hundredths percent. g. On all taxable income exceeding twenty thousand dollars but not exceeding thirty thou-

sand dollars, six and eight-tenths percent. h. On all taxable income exceeding thirty thousand dollars but not exceeding forty-five

thousand dollars, seven and ninety-two hundredths percent. i. On all taxable income exceeding forty-five thousand dollars, eight and ninety-eight hun-

dredths percent. j. (1) The tax imposed upon the taxable income of a nonresident shall be computed by re-

ducing the amount determined pursuant to paragraphs “a” through “i” by the amounts of non- refundable credits under this division and by multiplying this resulting amount by a fraction of which the nonresident’s net income allocated to Iowa, as determined in section 422.8, sub- section 2, paragraph “a”, is the numerator and the nonresident’s total net income computed under section 422.7 is the denominator. This provision also applies to individualswho are resi- dents of Iowa for less than the entire tax year. (2) (a) The tax imposed upon the taxable income of a resident shareholder in an S corpora-

tionwhich has in effect for the tax year an election under subchapter S of the Internal Revenue Code and carries on business within and without the state may be computed by reducing the amount determined pursuant to paragraphs “a” through “i” by the amounts of nonrefundable credits under this division and by multiplying this resulting amount by a fraction of which the resident’s net income allocated to Iowa, as determined in section 422.8, subsection 2, para- graph “b”, is the numerator and the resident’s total net income computed under section 422.7 is the denominator. If a resident shareholder has elected to take advantage of this subpara- graph (2), and for the next tax year elects not to take advantage of this subparagraph, the resi- dent shareholder shall not reelect to take advantage of this subparagraph for the three tax years immediately following the first tax year for which the shareholder elected not to take advantage of this subparagraph, unless the director consents to the reelection. This subpara- graph also applies to individuals who are residents of Iowa for less than the entire tax year. (b) This subparagraph (2) shall not affect the amount of the taxpayer’s checkoffs under this

division, the credits from tax provided under this division, and the allocation of these credits between spouses if the taxpayers filed separate returns or separately on combined returns. k. 2. a. There is imposed upon every resident and nonresident of this state, including es-

tates and trusts, the greater of the tax determined in subsection 1, paragraphs “a” through “j”, or the state alternative minimum tax equal to seventy-five percent of the maximum state indi- vidual income tax rate for the tax year, rounded to the nearest one-tenth of one percent, of the state alternative minimum taxable income of the taxpayer as computed under this paragraph subsection. b. The state alternative minimum taxable income of a taxpayer is equal to the taxpayer’s

state taxable income, as computed with the deductions in section 422.9, with the following ad- justments: (1) Add itemsof tax preference included in federal alternativeminimum taxable incomeun-

der section 57, except subsections (a)(1), (a)(2), and (a)(5), of the Internal Revenue Code,

536LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

make the adjustments included in federal alternative minimum taxable income under section 56, except subsections (a)(4), (b)(1)(C)(iii), and (d), of the Internal Revenue Code, and add losses as required by section 58 of the Internal Revenue Code. To the extent that any prefer- enceor adjustment is determinedbyan individual’s federal adjusted gross income, the individ- ual’s federal adjusted gross income is computed in accordance with section 422.7, subsection 39. In the case of an estate or trust, the items of tax preference, adjustments, and losses shall be apportioned between the estate or trust and the beneficiaries in accordance with rules pre- scribed by the director. (2) Subtract the applicable exemption amount as follows: (a) Seventeen thousand five hundred dollars for a married person who files separately or

for an estate or trust. (b) Twenty-six thousand dollars for a single person or a head of household. (c) Thirty-five thousand dollars for a married couple which files a joint return. (d) The exemption amount shall be reduced, but not below zero, by an amount equal to

twenty-five percent of the amount by which the alternative minimum taxable income of the taxpayer, computed without regard to the exemption amount in this subparagraph (2), ex- ceeds the following: (i) Seventy-five thousand dollars in the case of a taxpayer described in subparagraph subdi-

vision division (a). (ii) One hundred twelve thousand five hundred dollars in the case of a taxpayer described

in subparagraph subdivision division (b). (iii) One hundred fifty thousand dollars in the case of a taxpayer described in subparagraph

subdivision division (c). (3) In the case of a net operating loss computed for a tax year beginning after December 31,

1982, which is carried back or carried forward to the current taxable year, the net operating loss shall be reduced by the amount of the items of tax preference arising in such year which was taken into account in computing the net operating loss in section 422.9, subsection 3. The deduction for a net operating loss for a tax year beginning after December 31, 1986, which is carried back or carried forward to the current taxable year shall not exceed ninety percent of the alternativeminimum taxable income determinedwithout regard for the net operating loss deduction. c. The state alternative minimum tax of a taxpayer whose net capital gain deduction in-

cludes the gain or loss from the forfeiture of an installment real estate contract, the transfer of real or personal property securing a debt to a creditor in cancellation of that debt, or from the sale or exchange of property as a result of actual notice of foreclosure, where the fair mar- ket value of the taxpayer’s assets exceeds the taxpayer’s liabilities immediately before such forfeiture, transfer, or sale or exchange, shall not be greater than such excess, including any asset transferred within one hundred twenty days prior to such forfeiture, transfer, or sale or exchange. d. In the case of a resident, including a resident estate or trust, the state’s apportioned share

of the state alternative minimum tax is one hundred percent of the state alternative minimum tax computed in this subsection 2. In the case of a resident or part-year resident shareholder in an S corporation which has in effect for the tax year an election under subchapter S of the Internal Revenue Code and carries on business within and without the state, a nonresident, including a nonresident estate or trust, or an individual, estate, or trust that is domiciled in the state for less than the entire tax year, the state’s apportioned shareof the state alternativemini- mum tax is the amount of tax computed under this subsection 2, reduced by the applicable credits in sections422.10 through422.12 and this resultmultiplied bya fractionwith anumera- tor of the sum of state net income allocated to Iowa as determined in section 422.8, subsection 2, paragraph “a” or “b” as applicable, plus tax preference items, adjustments, and losses under subparagraph (1) attributable to Iowa and with a denominator of the sum of total net income computed under section 422.7 plus all tax preference items, adjustments, and losses under subparagraph (1). In computing this fraction, those items excludable under subparagraph (1) shall not beused in computing the tax preference items. Married taxpayers electing to file sep-

537 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

arate returns or separately on a combined returnmust allocate the minimum tax computed in this subsection in the proportion that each spouse’s respective preference items, adjustments, and losses under subparagraph (1) bear to the combined preference items, adjustments, and losses under subparagraph (1) of both spouses. 2. 3. a. However, the The tax shall not be imposed on a resident or nonresident whose net

income, as defined in section 422.7, is thirteen thousand five hundred dollars or less in the case ofmarried persons filing jointly or filing separately on a combined return, heads of household, and surviving spouses or nine thousand dollars or less in the case of all other persons; but in the event that the payment of tax under this division would reduce the net income to less than thirteen thousand five hundred dollars or nine thousand dollars as applicable, then the tax shall be reduced to that amount which would result in allowing the taxpayer to retain a net income of thirteen thousand five hundred dollars or nine thousand dollars as applicable. The preceding sentence does not apply to estates or trusts. For the purpose of this subsection, the entire net income, including any part of the net income not allocated to Iowa, shall be taken into account. For purposes of this subsection, net income includes all amounts of pensions or other retirement income received from any source which is not taxable under this division as a result of the government pension exclusions in section 422.7, or any other state law. If the combined net income of a husband and wife exceeds thirteen thousand five hundred dollars, neither of them shall receive the benefit of this subsection, and it is immaterial whether they file a joint return or separate returns. However, if a husband andwife file separate returns and have a combined net income of thirteen thousand five hundred dollars or less, neither spouse shall receive the benefit of this paragraph, if one spouse has a net operating loss and elects to carry back or carry forward the loss as provided in section 422.9, subsection 3. A person who is claimed as a dependent by another person as defined in section 422.12 shall not receive the benefit of this subsection if the person claiming the dependent has net income exceeding thir- teen thousand five hundred dollars or nine thousand dollars as applicable or the person claim- ing the dependent and the person’s spouse have combined net income exceeding thirteen thousand five hundred dollars or nine thousand dollars as applicable. b. In addition lieu of the computation in subsection 1, 2, or 3, if the married persons’, filing

jointly or filing separately on a combined return, head of household’s, or surviving spouse’s net incomeexceeds thirteen thousand five hundreddollars, the regular tax imposed under this division shall be the lesser of the maximum state individual income tax rate times the portion of the net income in excess of thirteen thousand five hundred dollars or the regular tax liability computedwithout regard to this sentence. Taxpayers electing to file separately shall compute the alternate tax described in this paragraph using the total net income of the husband and wife. The alternate tax described in this paragraph does not apply if one spouse elects to carry back or carry forward the loss as provided in section 422.9, subsection 3. 2A. 3A. Reserved. 2B. 3B. a. However, the The tax shall not be imposed on a resident or nonresident who is

at least sixty-five years old on December 31 of the tax year and whose net income, as defined in section422.7, is thirty-two thousanddollars or less in the caseofmarriedpersons filing joint- ly or filing separately on a combined return, heads of household, and surviving spouses or twenty-four thousand dollars or less in the case of all other persons; but in the event that the payment of tax under this division would reduce the net income to less than thirty-two thou- sanddollars or twenty-four thousanddollars as applicable, then the tax shall be reduced to that amount which would result in allowing the taxpayer to retain a net income of thirty-two thou- sand dollars or twenty-four thousand dollars as applicable. The preceding sentence does not apply to estates or trusts. For the purpose of this subsection, the entire net income, including any part of the net income not allocated to Iowa, shall be taken into account. For purposes of this subsection, net income includes all amounts of pensions or other retirement income re- ceived from any source which is not taxable under this division as a result of the government pension exclusions in section 422.7, or any other state law. If the combined net income of a husband andwife exceeds thirty-two thousand dollars, neither of them shall receive the bene- fit of this subsection, and it is immaterial whether they file a joint return or separate returns.

538LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

However, if a husband andwife file separate returns andhave a combined net incomeof thirty- two thousand dollars or less, neither spouse shall receive the benefit of this paragraph, if one spouse has a net operating loss and elects to carry back or carry forward the loss as provided in section 422.9, subsection 3. A person who is claimed as a dependent by another person as defined in section 422.12 shall not receive the benefit of this subsection if the person claiming the dependent has net income exceeding thirty-two thousand dollars or twenty-four thousand dollars as applicable or the person claiming the dependent and the person’s spouse have com- bined net income exceeding thirty-two thousand dollars or twenty-four thousand dollars as applicable. b. In addition lieu of the computation in subsection 1, 2, or 3, if the married persons’, filing

jointly or filing separately on a combined return, head of household’s, or surviving spouse’s net income exceeds thirty-two thousand dollars, the regular tax imposed under this division shall be the lesser of the maximum state individual income tax rate times the portion of the net income in excess of thirty-two thousand dollars or the regular tax liability computed with- out regard to this sentence. Taxpayers electing to file separately shall compute the alternate tax described in this paragraph using the total net income of the husband and wife. The alter- nate tax described in this paragraph does not apply if one spouse elects to carry back or carry forward the loss as provided in section 422.9, subsection 3. c. This subsection applies even though one spouse has not attained the age of sixty-five, if

the other spouse is at least sixty-five at the end of the tax year. 3. 4. The tax herein levied shall be computed and collected as hereinafter provided. 4. 5. The provisions of this division shall apply to all salaries received by federal officials

or employees of the United States government as provided for herein. 5. 6. Upon determination of the latest cumulative inflation factor, the director shall multi-

ply each dollar amount set forth in subsection 1, paragraphs “a” through “i” of this section by this cumulative inflation factor, shall round off the resulting product to the nearest one dollar, and shall incorporate the result into the income tax forms and instructions for each tax year. 6. 7. The state income tax of a taxpayer whose net income includes the gain or loss from

the forfeiture of an installment real estate contract, the transfer of real or personal property securingadebt to a creditor in cancellationof that debt, or from the sale or exchangeof proper- ty as a result of actual notice of foreclosurewhere the fairmarket value of the taxpayer’s assets exceeds the taxpayer’s liabilities immediately before such forfeiture, transfer, or sale or ex- change shall not be greater than such excess, including any asset transferred within one hun- dred twenty days prior to such forfeiture, transfer, or sale or exchange. For purposes of this subsection, in the case ofmarried taxpayers, except in the case of a husband andwife who live apart at all times during the tax year, the assets and liabilities of both spouses shall be consid- ered in determining if the fair market value of the taxpayer’s assets exceed the taxpayer’s lia- bilities. 7. 8. In addition to the other taxes imposed by this section, a tax is imposed on the amount

of a lump sumdistribution forwhich the taxpayer has elected under section 402(e) of the Inter- nal Revenue Code to be separately taxed for federal income tax purposes for the tax year. The rate of tax is equal to twenty-five percent of the separate federal tax imposed on the amount of the lump sum distribution. A nonresident is liable for this tax only on that portion of the lump sum distribution allocable to Iowa. The total amount of the lump sum distribution sub- ject to separate federal tax shall be included innet income for purposes of determining eligibil- ity under subsections 2 3 and 2A or 2B 3B, as applicable. 8. 9. In the case of income derived from the sale or exchange of livestock which qualifies

under section 451(e) of the Internal Revenue Code because of drought, the taxpayermay elect to include the income in the taxpayer’s net income in the tax year following the year of the sale or exchange in accordance with rules prescribed by the director. 9. 10. If an individual’s federal income tax was forgiven for a tax year under section 692 of

the Internal Revenue Code, because the individual was killed while serving in an area desig- nated by the president of the United States or the United States Congress as a combat zone, the individual was missing in action and presumed dead, or the individual was killed outside theUnitedStates in a terroristic ormilitary actionwhile the individualwas amilitary or civilian

539 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

employee of the United States, the individual’s Iowa income tax is also forgiven for the same tax year. 10. 11. If a taxpayer repays in the current tax year certain amounts of income thatwere sub-

ject to tax under this division in a prior year and a tax benefit would be allowed under similar circumstances under section 1341 of the Internal Revenue Code, a tax benefit shall be allowed on the Iowa return. The tax benefit shall be the reduced tax for the current tax year due to the deduction for the repaid income or the reduction in tax for the prior year or years due to exclu- sion of the repaid income. The reduction in tax shall qualify as a refundable tax credit on the return for the current year pursuant to rules prescribed by the director.

Sec. 136. Section 422.7, subsection 12, Code 2009, is amended to read as follows: 12. a. If the adjusted gross income includes income or loss from a small business operated

by the taxpayer, an additional deduction shall be allowed in computing the incomeor loss from the small business if the small business hired for employment in the state during its annual accounting period ending with or during the taxpayer’s tax year any of the following: a. (1) An individual with a disability domiciled in this state at the time of the hiring who

meets any of the following conditions: (1) (a) Has a physical or mental impairment which substantially limits one or more major

life activities. (2) (b) Has a record of that impairment. (3) (c) Is regarded as having that impairment. b. (2) An individual domiciled in this state at the time of the hiring who meets any of the

following conditions: (1) (a) Has been convicted of a felony in this or any other state or the District of Columbia. (2) (b) Is on parole pursuant to chapter 906. (3) (c) Is on probation pursuant to chapter 907, for an offense other than a simple misde-

meanor. (4) (d) Is in a work release program pursuant to chapter 904, division IX. c. (3) An individual, whether or not domiciled in this state at the time of the hiring, who is

onparole or probation and towhom the interstate probationandparole compact under section 907A.1, Code 2001, applies, or to whom the interstate compact for adult offender supervision under chapter 907B applies. b. (1) The amount of the additional deduction is equal to sixty-five percent of the wages

paid to individuals, but shall not exceed twenty thousand dollars per individual, named in paragraphs paragraph “a”, “b”, and “c” subparagraphs (1), (2), and (3) who were hired for the first timeby that business during the annual accountingperiod forwork done in the state. This additional deduction is allowed for the wages paid to those individuals successfully complet- ing a probationary period during the twelve months following the date of first employment by the business and shall be deducted at the close of the annual accounting period. (2) The additional deduction shall not be allowed for wages paid to an individual who was

hired to replace an individualwhose employmentwas terminatedwithin the twelve-month pe- riod preceding the date of first employment. However, if the individual being replaced left em- ployment voluntarily without good cause attributable to the employer or if the individual was discharged for misconduct in connection with the individual’s employment as determined by the department of workforce development, the additional deduction shall be allowed. (3) A taxpayerwho is a partner of a partnership or a shareholder of a subchapter S corpora-

tion, may deduct that portion of wages qualified under this subsection paid by the partnership or subchapter S corporationbased on the taxpayer’s pro rata share of the profits or losses from the partnership or subchapter S corporation. c. For purposes of this subsection, “physical: (1) “Physical or mental impairment” means any physiological disorder or condition, cos-

metic disfigurement, or anatomical loss affecting one ormore of the body systems or anymen- tal or psychological disorder, includingmental retardation, organic brain syndrome, emotion- al or mental illness and specific learning disabilities.

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(2) (a) For purposes of this subsection, “small “Small business”means a profit or nonprofit business, including but not limited to an individual, partnership, corporation, joint venture, association, or cooperative, to which the following apply: (1) (i) It is not an affiliate or subsidiary of a business dominant in its field of operation. (2) (ii) It has twenty or fewer full-time equivalent positions and not more than the equiva-

lent of threemillion dollars in annual gross revenues as computed for the preceding fiscal year or as the average of the three preceding fiscal years. (3) (iii) It does not include the practice of a profession. (b) “Small business” includes an employee-owned business which has been an employee-

owned business for less than three years or which meets the conditions of subparagraphs (1) subparagraph division (a), subparagraph subdivisions (i) through (3) (iii). (c) For purposes of this definition, “dominant in its field of operation” means having more

than twenty full-time equivalent positions andmore than threemillion dollars in annual gross revenues, and “affiliate or subsidiary of a business dominant in its field of operation” means a business which is at least twenty percent owned by a business dominant in its field of opera- tion, or by partners, officers, directors, majority stockholders, or their equivalents, of a busi- ness dominant in that field of operation. The department may, by resolution, waive any or all of the requirements of paragraph “b”

in connectionwith a loan to a small business, as definedunder applicable federal lawand regu- lations that have been enacted or adopted by April 1, 1983, in which federal assistance, insur- ance, or guaranties are sought.

Sec. 137. Section 422.7, subsection 28, paragraph b, Code 2009, is amended to read as fol- lows: b. The amount of any savings refund or state match payments authorized under section

541A.3, subsection 1.

Sec. 138. Section 422.7, subsection 43, unnumbered paragraph 1, Code 2009, is amended to read as follows: A taxpayermay elect not to take the increased expensing allowance under section 179 of the

Internal Revenue Code, as amended by Pub. L. No. 108-27, section 202, in computing adjusted gross income for state tax purposes. If the taxpayer does not take the increased expensing allowanceunder section 179of the Internal RevenueCode for state tax purposes, the following adjustments shall be made:

Sec. 139. Section 422.7, subsection 53, Code 2009, is amended to read as follows: 53. A taxpayer is allowed to take the increased expensing allowance under section 179 of

the Internal Revenue Code, as amended by Pub. L. No. 110-185, in computing adjusted gross income for state tax purposes.

Sec. 140. Section 422.12, Code 2009, is amended to read as follows: 422.12 DEDUCTIONS FROM COMPUTED TAX. 1. As used in this section: a. “Dependent” has the same meaning as provided by the Internal Revenue Code. b. “Textbooks” means books and other instructional materials and equipment used in ele-

mentary and secondary schools in teaching only those subjects legally and commonly taught in public elementary and secondary schools in this state and does not include instructional books andmaterials used in the teachingof religious tenets, doctrines, orworship, the purpose ofwhich is to inculcate those tenets, doctrines, orworship. “Textbooks” includes books orma- terials used for extracurricular activities including sporting events, musical or dramatic events, speech activities, driver’s education, or programs of a similar nature. c. “Tuition” means any charges for the expenses of personnel, buildings, equipment, and

materials other than textbooks, and other expenses of elementary or secondary schoolswhich relate to the teaching only of those subjects legally and commonly taught in public elementary and secondary schools in this state and which do not relate to the teaching of religious tenets,

541 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

doctrines, or worship, the purpose of which is to inculcate those tenets, doctrines, or worship. “Tuition” includes those expenses which relate to extracurricular activities including sporting events,musical or dramatic events, speechactivities, driver’s education, or programsof a simi- lar nature. 2. There shall be deducted from but not to exceed the tax, after the same shall have been

computed as provided in this division, the following: 1. a. A personal exemption credit in the following amounts: a. (1) For an estate or trust, a single individual, or amarried person filing a separate return,

forty dollars. b. (2) For a head of household, or a husband and wife filing a joint return, eighty dollars. c. (3) For each dependent, an additional forty dollars. As used in this section, the term “de-

pendent” has the same meaning as provided by the Internal Revenue Code. d. (4) For a single individual, husband,wife, or head of household, an additional exemption

of twenty dollars for each of said individualswhohas attained the age of sixty-five years before the close of the tax year or on the first day following the end of the tax year. e. (5) For a single individual, husband,wife, or head of household, an additional exemption

of twenty dollars for each of said individuals who is blind at the close of the tax year. For the purposes of this paragraph subparagraph, an individual is blind only if the individual’s central visual acuity does not exceed twenty-two hundredths in the better eye with correcting lenses, or if the individual’s visual acuity is greater than twenty-two hundredths but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees. 2. b. A tuition credit equal to twenty-five percent of the first one thousand dollars which the

taxpayer has paid to others for each dependent in grades kindergarten through twelve, for tu- ition and textbooks of each dependent in attending an elementary or secondary school situat- ed in Iowa,which school is accredited or approved under section 256.11, which is not operated for profit, andwhich adheres to the provisions of the federal Civil Rights Act of 1964 and chap- ter 216. As used in this subsection, “textbooks”means books and other instructionalmaterials and equipment used in elementary and secondary schools in teaching only those subjects le- gally and commonly taught in public elementary and secondary schools in this state and does not include instructional books and materials used in the teaching of religious tenets, doc- trines, or worship, the purpose of which is to inculcate those tenets, doctrines, or worship. “Textbooks” includes books ormaterials used for extracurricular activities including sporting events,musical or dramatic events, speechactivities, driver’s education, or programsof a simi- lar nature. Notwithstanding any other provision, all other credits allowed under this section subsection shall be deducted before the tuition credit under this subsection paragraph. The department, when conducting an audit of a taxpayer’s return, shall also audit the tuition tax credit portion of the tax return. As used in this subsection, “tuition”means any charges for the expenses of personnel, build-

ings, equipment andmaterials other than textbooks, and other expenses of elementary or sec- ondary schools which relate to the teaching only of those subjects legally and commonly taught in public elementary and secondary schools in this state and which do not relate to the teaching of religious tenets, doctrines, or worship, the purpose of which is to inculcate those tenets, doctrines, or worship. “Tuition” includes those expenses which relate to extracurricu- lar activities including sporting events, musical or dramatic events, speech activities, driver’s education, or programs of a similar nature. 3. For the purpose of this section, the determination of whether an individual is married

shall be made in accordance with section 7703 of the Internal Revenue Code.

Sec. 141. Section 422.35, subsections 6 and 6A, Code 2009, are amended to read as follows: 6. a. If the taxpayer is a small business corporation, subtract an amount equal to sixty-five

percent of thewages paid to individuals, but not to exceed twenty thousanddollars per individ- ual, named in paragraphs “a”, “b”, and “c” subparagraphs (1), (2), and (3) who were hired for the first time by the taxpayer during the tax year for work done in this state:

542LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

a. (1) An individual with a disability domiciled in this state at the time of the hiring who meets any of the following conditions: (1) (a) Has a physical or mental impairment which substantially limits one or more major

life activities. (2) (b) Has a record of that impairment. (3) (c) Is regarded as having that impairment. b. (2) An individual domiciled in this state at the time of the hiring who meets any of the

following conditions: (1) (a) Has been convicted of a felony in this or any other state or the District of Columbia. (2) (b) Is on parole pursuant to chapter 906. (3) (c) Is on probation pursuant to chapter 907, for an offense other than a simple misde-

meanor. (4) (d) Is in a work release program pursuant to chapter 904, division IX. c. (3) An individual, whether or not domiciled in this state at the time of the hiring, who is

onparole or probation and towhom the interstate probationandparole compact under section 907A.1, Code 2001, applies, or to whom the interstate compact for adult offender supervision under chapter 907B applies. b. This deduction is allowed for the wages paid to the individuals successfully completing

aprobationaryperiodnamed inparagraphs paragraph “a”, “b”, and “c” subparagraphs (1), (2), and (3) during the twelve months following the date of first employment by the taxpayer and shall be deducted in the tax years when paid. c. For purposes of this subsection, “physical: (1) “Physical or mental impairment” means any physiological disorder or condition, cos-

metic disfigurement, or anatomical loss affecting one ormore of the body systems or anymen- tal or psychological disorder, includingmental retardation, organic brain syndrome, emotion- al or mental illness, and specific learning disabilities. (2) (a) For purposes of this subsection, “small “Small business”means a profit or nonprofit

business, including but not limited to an individual, partnership, corporation, joint venture, association, or cooperative, to which the following apply: (1) (i) It is not an affiliate or subsidiary of a business dominant in its field of operation. (2) (ii) It has either twenty or fewer full-time equivalent positions or not more than the

equivalent of threemillion dollars in annual gross revenues as computed for the preceding fis- cal year or as the average of the three preceding fiscal years. (3) (iii) It does not include the practice of a profession. (b) “Small business” includes an employee-owned business which has been an employee-

owned business for less than three years or which meets the conditions of subparagraphs (1) through (3) subparagraph division (a), subparagraph subdivisions (i) through (iii). (c) For purposes of this definition, “dominant in its field of operation” means having more

than twenty full-time equivalent positions andmore than threemillion dollars in annual gross revenues, and “affiliate or subsidiary of a business dominant in its field of operation” means a business which is at least twenty percent owned by a business dominant in its field of opera- tion, or by partners, officers, directors, majority stockholders, or their equivalents, of a busi- ness dominant in that field of operation. The department may, by resolution, waive any or all of the requirements of paragraph “b”

in connectionwith a loan to a small business, as definedunder applicable federal lawand regu- lations that have been enacted or adopted by April 1, 1983, in which federal assistance, insur- ance, or guaranties are sought. 6A. a. If the taxpayer is a business corporation and does not qualify for the adjustment un-

der subsection 6, subtract an amount equal to sixty-five percent of the wages paid to individu- als, but shall not exceed twenty thousand dollars per individual, named in paragraphs “a” and “b” subparagraphs (1) and (2) who were hired for the first time by the taxpayer during the tax year for work done in this state: a. (1) An individual domiciled in this state at the time of the hiring who meets any of the

following conditions:

543 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

(1) (a) Has been convicted of a felony in this or any other state or the District of Columbia. (2) (b) Is on parole pursuant to chapter 906. (3) (c) Is on probation pursuant to chapter 907, for an offense other than a simple misde-

meanor. (4) (d) Is in a work release program pursuant to chapter 904, division IX. b. (2) An individual, whether or not domiciled in this state at the time of the hiring, who is

onparole or probation and towhom the interstate probationandparole compact under section 907A.1, Code 2001, applies, or to whom the interstate compact for adult offender supervision under chapter 907B applies. b. This deduction is allowed for the wages paid to the individuals successfully completing

a probationary period named in paragraphs “a” and “b” paragraph “a”, subparagraphs (1) and (2) during the twelve months following the date of first employment by the taxpayer and shall be deducted in the tax years when paid. c. The department shall develop and distribute information concerning the deduction avail-

able for businesses employing persons named in paragraphs “a” and “b” paragraph “a”, sub- paragraphs (1) and (2).

Sec. 142. Section 422.35, subsection 20, unnumbered paragraph 1, Code 2009, is amended to read as follows: A taxpayermay elect not to take the increased expensing allowance under section 179 of the

Internal Revenue Code, as amended by Pub. L. No. 108-27, section 202, in computing taxable income for state tax purposes. If the taxpayer does not take the increased expensing allow- ance under section 179 of the Internal Revenue Code for state tax purposes, the following ad- justments shall be made:

Sec. 143. Section 422.35, subsection 24, Code 2009, is amended to read as follows: 24. A taxpayer is allowed to take the increased expensing allowance under section 179 of

the Internal Revenue Code, as amended by Pub. L. No. 110-185, in computing taxable income for state tax purposes.

Sec. 144. Section 423.3, subsection 57, unnumbered paragraphs 1 and 2, Code 2009, are amended to read as follows: The sales price from all sales of food and food ingredients. However, as used in this subsec-

tion, “food” does a sale of “food and food ingredients” does not include a sale of alcoholic bev- erages, candy, or dietary supplements,; food sold through vending machines,; or sales of pre- pared food, soft drinks, and or tobacco. For the purposes of this subsection: For the purposes of this subsection:

Sec. 145. Section 435.1, subsections 3 through 7, Code 2009, are amended to read as fol- lows: 3. “Manufactured home” means a factory-built structure built under authority of 42 U.S.C.

§ 5403, that is required by federal law to display a seal from the United States department of housing and urban development, andwas constructed on or after June 15, 1976. If amanufac- tured home is placed in a manufactured home community or a mobile home park, the home must be titled and is subject to themanufactured ormobile homesquare foot tax. If amanufac- tured home is placed outside a manufactured home community or a mobile home park, the home must be titled and is to be assessed and taxed as real estate. 4. “Manufactured home community” means the same as land-leased community defined in

sections 335.30A and 414.28A. The term “manufactured home community” shall not be con- strued to include manufactured or mobile homes, buildings, tents, or other structures tempo- rarily maintained by any individual, educational institution, or company on their own premis- es and used exclusively to house their own labor or students. 5. “Mobile home”means any vehiclewithoutmotive power used or somanufactured or con-

544LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

structed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle withmotive power not registered as a motor vehicle in Iowa. A “mobile home” is not built to a mandatory building code, contains no state or federal seals, andwas built before June 15, 1976. If amobile home is placed outside amobile homepark, thehome is to be assessed and taxed as real estate. 6. “Mobile home park”means a site, lot, field, or tract of land uponwhich three ormoremo-

bile homes ormanufactured homes, or a combination of any of these homes, are placed on de- veloped spaces and operated as a for-profit enterprise with water, sewer or septic, and electri- cal services available. The term “mobile home park” The term “manufactured home community” or “mobile home park” shall not be construed

to include manufactured or mobile homes, buildings, tents, or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students. A manufactured home community or a mobile home park must be classified as to whether

it is a residentialmanufacturedhomecommunity or amobile homeparkor a recreationalman- ufactured home community or amobile home park or both. Themanufactured home commu- nities or mobile home parks residential landlord and tenant Act, chapter 562B, only applies to residential manufactured home communities or mobile home parks. 7. “Modular home” means a factory-built structure which is manufactured to be used as a

place of humanhabitation, is constructed to complywith the Iowa state building code formod- ular factory-built structures, as adopted pursuant to section 103A.7, andmust display the seal issued by the state building code commissioner. If a modular home is placed in a manufac- tured home community ormobile homepark, the home is subject to the annual tax as required by section 435.22. If a modular home is placed outside a manufactured home community or amobilehomepark, thehomeshall be considered real property and is to beassessed and taxed as real estate.

Sec. 146. NEW SECTION. 435.2 PLACEMENT AND TAXATION. 1. If a mobile home is placed outside a mobile home park, the home is to be assessed and

taxed as real estate. 2. If a manufactured home is placed in a manufactured home community or a mobile home

park, the home must be titled and is subject to the manufactured or mobile home square foot tax. If a manufactured home is placed outside a manufactured home community or a mobile home park, the home must be titled and is to be assessed and taxed as real estate. 3. If a modular home is placed in a manufactured home community or mobile home park,

thehome is subject to the annual tax as required by section 435.22. If amodular home is placed outside a manufactured home community or a mobile home park, the home shall be consid- ered real property and is tobeassessedand taxedas real estate. This subsectiondoesnot apply to manufactured home communities or mobile home parks in existence on or before January 1, 1998. If amodular home is placed in amanufactured home community ormobile homepark which was in existence on or before January 1, 1998, that modular home shall be subject to property tax pursuant to section 435.22.

Sec. 147. Section 435.26, subsection 1, paragraph a, Code 2009, is amended to read as fol- lows: a. A mobile home or manufactured home which is located outside a manufactured home

community or mobile home park shall be converted to real estate by being placed on a perma- nent foundation and shall be assessed for real estate taxes. A home, after conversion to real estate, is eligible for thehomestead tax credit and themilitary service tax exemption as provid- ed in sections 425.2 and 426A.11. A taxable mobile home or manufactured home which is lo- cated outside of amanufactured home community ormobile home park as of January 1, 1995, is also exempt from the permanent foundation requirements of this chapter until the home is relocated.

545 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

Sec. 148. Section 437A.3, subsection 29, Code 2009, is amended to read as follows: 29. “Taxable value” means as defined in section 437A.19, subsection 2, paragraph “f” “e”.

Sec. 149. Section 437A.15, subsection 3, paragraph e, Code 2009, is amended to read as fol- lows: e. Notwithstanding the provisions of this section, if during the tax year a person who was

not a taxpayer during the prior tax year acquires a new major addition, as defined in section 437A.3, subsection 18, paragraph “a”, subparagraph (4), the replacement tax associated with that major addition shall be allocated, for that tax year, under this section in accordance with the general allocating formula on the basis of the general property tax equivalents established under paragraph “a” of this subsection, except that the levy rates established and reported to the department ofmanagement on or before June 30 following the tax year inwhich themajor additionwas acquired shall be applied to the prorated assessed value of themajor addition and provided that section 437A.19, subsection 2, paragraph “b”, subparagraph (2), is in any event applicable. For purposes of this paragraph, “prorated assessed value of the major addition” means the assessed value of the major addition as of January 1 of the year following the tax year in which the major addition was acquired multiplied by the percentage derived by divid- ing the number ofmonths that themajor addition existed during the tax year by twelve, count- ing any portion of a month as a full month.

Sec. 150. Section 437A.15, subsection 4, unnumbered paragraph 1, Code 2009, is amended to read as follows: Onor beforeAugust 31 following tax years 1999, 2000, and 2001, each county treasurer shall

compute a special utility property tax levy or tax credit for each taxpayer for which a replace- ment tax liability for each such tax year is reported to the county treasurer pursuant to subsec- tion 1, and shall notify the taxpayer of the amount of such tax levy or tax credit. The amount of the special utility property tax levy or credit shall be determined for each taxpayer by the county treasurer by comparing the taxpayer’s total replacement tax liability allocated to tax- ing districts in the county pursuant to this section with the anticipated tax revenues from the taxpayer for all taxing districts in the county. If the taxpayer’s total replacement tax liability allocated to taxing districts in the county is less than the anticipated tax revenues from the tax- payer for all taxing districts in the county, the county treasurer shall levy a special utility prop- erty tax equal to the shortfall which shall be added to and collected with the replacement tax owed by the taxpayer to the county treasurer for the tax year pursuant to section 437A.8, sub- section 4. If the taxpayer’s total replacement tax liability allocated to taxing districts in the county exceeds the anticipated tax revenues from the taxpayer for all taxing districts in the county, the county treasurer shall issue a credit to the taxpayer which shall be applied to re- duce the taxpayer’s replacement tax liability to the county treasurer for the tax year. If the taxpayer’s total replacement tax liability allocated to taxing districts in the county equals the anticipated tax revenues from the taxpayer for all taxingdistricts in the county, no levy or cred- it is required. Replacement tax liability for purposes of this subsectionmeans replacement tax liability before credits allowed by section 437A.8, subsection 7. A recalculation of a special utility property tax levy or credit shall not be made as a result of a subsequent recalculation of replacement tax liability under section 437A.8, subsection 7, or adjustment to assessed val- ue under section 437A.19, subsection 2, paragraph “f” “a”, subparagraph (6). “Anticipated tax revenues from a taxpayer”means the product of the total levy rates imposed by the taxing dis- tricts and the value of taxpayer property allocated to the taxing districts and reported to the county auditor. Special utility property tax levies and credits shall be treated as replacement taxes for purposes of section 437A.11. If a special utility property tax levy payment becomes delinquent, the delinquent payment shall accrue interest and penalty in the samemanner and amount as the replacement tax under section 437A.13.

Sec. 151. Section 437A.19, subsection 2, Code 2009, is amended to read as follows: 2. a. Beginning January 1, 1999, the assessed value of taxpayer property shall be adjusted

546LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

annually as provided in this section. The director, with respect to each taxpayer, shall do all of the following: a. (1) Adjust the assessed value of taxpayer property in each local taxing district by the

change in book value during the preceding calendar year of the local amount of any major addition reported within such local taxing district. b. (2) Adjust the assessed value of taxpayer property in each local taxing district by allocat-

ing the change in book value during the preceding calendar year of the statewide amount and all other taxpayer property described in subsection 1, paragraph “a”, subparagraph (5), to the assessed value of all taxpayer property in the state pro rata according to its preadjustment val- ue. Any value for a taxpayer owning, or owning an interest in, a newelectric power generating plant in excess of a local amount,where such taxpayer owns no other taxpayer property in this state, shall not be allocated to any local taxing districts. c. (3) In the case of taxpayer property described in subsection 1, paragraph “a”, subpara-

graphs (3), (4), and (7), decrease the assessed value of taxpayer property in each local taxing district by the assessed value reported within such local taxing district. d. (4) In the event of a merger or consolidation of two or more taxpayers, to determine the

assessed value of the surviving taxpayer, combine the assessed values of such taxpayers im- mediately prior to the merger or consolidation. e. (5) In the event any taxpayer property is eligible for the urban revitalization tax exemp-

tion described in chapter 404, adjust the assessed value of taxpayer property within each af- fected local taxing district to reflect such exemption. f. (6) In the event the base year assessed value of taxpayer property is adjusted as a result

of taxpayer appeals, reduce the assessed value of taxpayer property in each local taxing dis- trict to reflect such adjustment. The adjustment shall be allocated in proportion to the alloca- tion of the taxpayer’s assessed value among the local taxing districts determined without re- gard to this adjustment. An adjustment to the base year assessed value of taxpayer property shall be made as of January 1 of the year following the date on which the adjustment is finally determined. b. In no event shall the adjustments set forth in this subsection reduce the assessed value

of taxpayer property in any local taxing district below zero. c. The director, on or before August 31 of each assessment year, shall report to the depart-

ment ofmanagement and to the auditor of each county the adjusted assessed value of taxpayer property as of January 1 of such assessment year for each local taxing district. For purposes of this subsection, the assessed value of taxpayer property in each local taxing district subject to adjustment under this section by the director means the assessed value of such property as of the preceding January 1 as determined and allocated among the local taxing districts by the director. d. Nothing in this chapter shall be interpreted to authorize local taxing authorities to ex-

clude from the calculation of levy rates the taxable value of taxpayer property reported to county auditors pursuant to this subsection. e. In addition to reporting the assessed values as described in this subsection, the director,

on or before October 31 of each assessment year, shall also report to the department of man- agement and to the auditor of each county the taxable value of taxpayer property as of January 1 of such assessment year for each local taxing district. For purposes of this chapter, “taxable value”means the value for all property subject to the replacement tax annually determined by the director, by dividing the estimated annual replacement tax liability for that property by the prior year’s consolidated taxing district rate for the taxing districtwhere that property is locat- ed, then multiplying the quotient by one thousand. A taxpayer who paid more than five hun- dred thousand dollars in replacement tax in the previous tax year or who believes their re- placement tax liability will vary more than ten percent from the previous tax year shall report to the director by October 1 of the current calendar year, on forms prescribed by the director, the estimated replacement tax liability thatwill be attributable to all of the taxpayer’s property subject to replacement tax for the current tax year. The department shall utilize the estimated replacement tax liability as reportedby the taxpayer or the taxpayer’sprior year’s replacement

547 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

tax amounts to estimate the current tax year’s taxable value for that property. Furthermore, a taxpayer who has a new major addition of operating property which is put into service for the first time in the current calendar year shall report to thedirector byOctober 1of the current calendar year, or at the time the major addition is put into service, whichever time is later, on forms prescribed by the director, the cost of themajor addition and, if not previously reported, shall report the estimated replacement taxes which that asset will generate in the current cal- endar year. For the purposes of computing the taxable value of property in a taxing district, the taxingdistrict’s shareof theestimated replacement tax liability shall be the taxingdistrict’s percentage shareof the “assessed value allocatedbyproperty tax equivalent”multiplied by the total estimated replacement tax. “Assessed value allocated by property tax equivalent” shall be determined by dividing the taxpayer’s current year assessed valuation in a taxing district by one thousand, and then multiplying by the prior year’s consolidated tax rate.

Sec. 152. Section 450.7, subsection 1, Code 2009, is amended to read as follows: 1. Except for the share of the estate passing to the surviving spouse, and parents, grandpar-

ents, great-grandparents, and other lineal ascendants, children including legally adopted chil- dren and biological children entitled to inherit under the laws of this state, stepchildren, and grandchildren, great-grandchildren, andother lineal descendants, theThe tax imposedby this chapter is a charge against and a lien upon the estate subject to tax under this chapter, and all property of the estate or owned by the decedent from the death of the decedent until paid, sub- ject to the following limitation limitations: a. The share of the estate passing to the surviving spouse, and parents, grandparents, great-

grandparents, and other lineal ascendants, children including legally adopted children and bi- ological children entitled to inherit under the laws of this state, stepchildren, and grandchil- dren, great-grandchildren, and other lineal descendants is excluded from taxation under this chapter. b. Inheritance taxes owing with respect to a passing of property of a deceased person are

no longer a lien against the property ten years from the date of death of the decedent owner regardless of whether the decedent owner died prior to or subsequent to July 1, 1995, except to the extent taxes are attributable to remainder or deferred interests and are deferred in ac- cordance with the provisions of this chapter.

Sec. 153. Section 455A.8, subsection 1, Code 2009, is amended to read as follows: 1. a. The Brushy creek recreation trails advisory board shall be organized within the de-

partment and shall be composed of ten nine votingmembers including the following: the and one ex officio nonvoting member as follows: (1) Thedirector of thedepartment or thedirector’s designeewho shall serve as a thenonvot-

ing ex officio member, the. (2) The park employee who is primarily responsible for maintenance of the Brushy creek

recreation area, a. (3) Amember of the state advisory board for preserves established under chapter 465C, and

seven. (4) Seven persons appointed by the natural resource commission. b. The director shall provide the natural resource commissionwith nominations of prospec-

tive boardmembers. Each person appointed by the natural resource commissionmust active- ly participate in recreational trail activities such as hiking, bicycling, an equestrian sport, or awinter sport at theBrushycreek recreationarea. Thenine votingmembers shall elect a chair- person at the board’s first meeting each year.

Sec. 154. Section 455B.191, Code 2009, is amended to read as follows: 455B.191 PENALTIES — BURDEN OF PROOF. 1. As used in this section, “hazardous substance” means hazardous substance as defined in

section 455B.381 or section 455B.411. 1. 2. Any person who violates any provision of part 1 of division III of this chapter or any

548LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

permit, rule, standard, or order issuedunderpart 1of division III of this chapter shall be subject to a civil penalty not to exceed five thousand dollars for each day of such violation. 2. 3. a. Any person who negligently or knowingly violates does any of the following shall,

upon conviction, be punished as provided in paragraph “b” or “c”: (1) Violates section 455B.183 or section 455B.186 or any condition or limitation included in

any permit issued under section 455B.183, or who negligently or knowingly introduces. (2) Introduces into a sewer system or into a publicly owned treatment works any pollutant

or hazardous substancewhich the person knewor reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal and state requirements or permits, negligently or knowingly causes. (3) Causes a treatment works to violate any water quality standard, effluent standard, pre-

treatment standard or condition of a permit issued to the treatment works pursuant to section 455B.183 is guilty of a seriousmisdemeanor for a negligent violation and is guilty of an aggra- vated misdemeanor for a knowing violation. A conviction for a negligent violation is b. (1) A person who commits a negligent violation under this subsection is guilty of a seri-

ousmisdemeanor punishable by a fine of not more than twenty-five thousand dollars for each day of violation or by imprisonment for not more than one year, or both; however, if. (2) If the conviction is for a second or subsequent violation committed by a person under

this subsection, the conviction is punishable by a fine of not more than fifty thousand dollars for each day of violation or by imprisonment for not more than two years, or both. c. (1) A conviction for a person who commits a knowing violation is under this subsection

is guilty of an aggravated misdemeanor punishable by a fine of not more than fifty thousand dollars for each day of violation or by imprisonment for notmore than two years, or both; how- ever, if. (2) If the conviction is for a second or subsequent violation committed by a person under

this subsection, the conviction is punishable by a fine of not more than one hundred thousand dollars for each day of violation or by imprisonment for not more than five years, or both. As used in this section, “hazardous substance” means hazardous substance as defined in section 455B.381 or section 455B.411. 3. 4. Anypersonwhoknowinglymakes any false statement, representation, or certification

in any application, record, report, plan or other document filed or required to be maintained under part 1 of division III of this chapter, or who falsifies, tampers with or knowingly renders inaccurate anymonitoringdevice ormethod required to bemaintainedunder part 1 of division III of this chapter or by any permit, rule, regulation, or order issued under part 1 of division III of this chapter, shall upon conviction be punished by a fine of not more than ten thousand dollars or by imprisonment in the county jail for notmore than sixmonths or by both such fine and imprisonment. 4. 5. The attorney general shall, at the request of the director with approval of the commis-

sion, institute any legal proceedings, including an action for an injunction or a temporary in- junction, necessary to enforce the penalty provisions of part 1 of division III of this chapter or to obtain compliance with the provisions of part 1 of division III of this chapter or any rules promulgated or any provision of any permit issued under part 1 of division III of this chapter. In any such action, any previous findings of fact of the director or the commission after notice and hearing shall be conclusive if supported by substantial evidence in the record when the record is viewed as a whole. 5. 6. In all proceedings with respect to any alleged violation of the provisions of this part

1 of division III or any rule established by the commission or the department, the burden of proof shall be upon the commission or the department except in an action for contempt as pro- vided in section 455B.182. 6. 7. If the attorney general has instituted legal proceedings in accordancewith this section,

all related issues which could otherwise be raised by the alleged violator in a proceeding for judicial review under section 455B.178 shall be raised in the legal proceedings instituted in ac- cordance with this section.

549 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

Sec. 155. Section 455G.4, subsection 6, Code 2009, is amended to read as follows: 6. REPORTING. Beginning July 2003, the board shall submit a written report quarterly to

the legislative council, the chairperson and ranking member of the committee on natural re- sources and environment and energy independence in the senate, and the chairperson and rankingmember of the committee onenvironmental protection in thehouseof representatives regarding changes in the status of the program including, but not limited to, the number of open claims by claim type; the number of new claims submitted and the eligibility status of each claim; a summary of the risk classification of open claims; the status of all claims at high- risk sites including the number of corrective action design reports submitted, approved, and implemented during the reporting period; total moneys reserved on open claims and total moneys paid on open claims; and a summary of budgets approved and invoices paid for high- risk site activities including a breakdown by corrective action design report, construction and equipment, implementation, operation and maintenance, monitoring, over excavation, free product recovery, site reclassification, reporting and other expenses, or a similar breakdown. In each report submitted by the board, the board shall include an estimated timeline to com- plete corrective action at all currently eligible high-risk sites where a corrective action design report has been submitted by a claimant and approved during the reporting period. The time- line shall include the projected year when a no further action designation will be obtained based upon the corrective action activities approved or anticipated at each claimant site. The timeline shall be broken down in annual increments with the number or percentage of sites projected tobecompleted for each timeperiod. The report shall identify and report steps taken to expedite corrective action and eliminate the state’s liability for open claims.

Sec. 156. Section 456A.26, Code 2009, is amended to read as follows: 456A.26 INTERPRETATION AND LIMITATIONS. The foregoing sections Sections 456A.23 through 456A.25 shall not be construed as autho-

rizing the commission to change any penalty for violating any game law or regulation, or change the amount of any license established by the legislature, or to promulgate any open season on any fish, animal or bird contrary to the laws of the state of Iowa, or to extend except as provided in this chapter any open season or bag limit on any kind of fish, game, fur-bearing animals or of any birds prescribed by the laws of the state of Iowa or by federal laws or regula- tions, or to contract any indebtedness or obligationbeyond the funds towhich they are lawfully entitled.

Sec. 157. Section 461B.8, Code 2009, is amended to read as follows: 461B.8 ACTUAL SERVICE WITHIN THIS STATE. The foregoing provisions of this chapter relative to service of original notice of suit on non-

residents shall not be deemed to prevent actual personal service in this state upon the nonresi- dent in the time, manner, form and under the conditions provided for service on residents.

Sec. 158. Section 476.6, subsection 20, Code 2009, is amended by striking the subsection.

Sec. 159. Section 483A.27, subsections 1 and 11, Code 2009, are amended to read as fol- lows: 1. A person born after January 1, 1972, shall not obtain a hunting license unless the person

has satisfactorily completed a hunter safety and ethics education course approved by the com- mission. A personwho is eleven years of age or moremay enroll in an approved hunter safety and ethics education course, but a personwho is eleven years of age andwho has successfully completed the course shall be issued a certificate of completion which becomes valid on the person’s twelfth birthday. A certificate of completion froman approved hunter safety and eth- ics education course issued in this state, or a certificate issued by another state, country, or province for completion of a course that meets the standards adopted by the international hunter education association, is valid for the requirements of this section.

550LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

11. An instructor certified by thedepartment shall be allowed to conduct a departmental ap- proved department-approved hunter safety and ethics education course or shooting sports ac- tivities course on public school property with the approval of a majority of the board of direc- tors of the school district. Conducting an approved hunter safety and ethics education course or shooting sports activities course is not a violation of any public policy, rule, regulation, reso- lution, or ordinance which prohibits the possession, display, or use of a firearm, bow and ar- row, or other hunting weapon on public school property or other public property in this state.

Sec. 160. Section 489.108, subsection 3, unnumbered paragraph 1, Code 2009, is amended to read as follows: A limited liability company may apply to the secretary of state for authorization to use a

name that does not comply with subsection 2. The secretary of state shall authorize use of the name applied for if, as to each either of the following noncomplying names applies:

Sec. 161. Section 489.702, subsection 5, paragraph b, subparagraph (3), Code 2009, is amended to read as follows: (3) Within a reasonable time following the dissolution a person has not been appointed pur-

suant to subsection 3 4.

Sec. 162. Section 489.1203, subsection 10, paragraph a, Code 2009, is amended to read as follows: a. Except as otherwise provided in paragraph “b”, if amember of amember-managed series

or manager of a manager-managed series consents to a distribution made in violation of this section and in consenting to the distribution fails to comply with section 489.409, themember ormanager is personally liable to the series for the amount of the distribution that exceeds the amount that could have been distributed without the violation of this section 489.405.

Sec. 163. Section 489.1203, subsection 11, Code 2009, is amended to read as follows: 11. A person that receives a distribution knowing that the distribution to that person was

made in violation of this section 489.405 is personally liable to the limited liability company but only to the extent that the distribution received by the person exceeded the amount that could have been properly paid under this section 489.405.

Sec. 164. Section 490.831, subsection 1, paragraph a, subparagraph (2), Code 2009, is amended to read as follows: (2) The protection afforded by section 490.870 precludes does not preclude liability.

Sec. 165. Section 496C.14, Code 2009, is amended to read as follows: 496C.14 REQUIRED PURCHASE BY PROFESSIONAL CORPORATION OF ITS OWN

SHARES. 1. a. Notwithstanding any other statute or rule of law, a professional corporation shall pur-

chase its own shares as provided in this section; and the shareholders of a professional corpo- ration and their executors, administrators, legal representatives, and successors in interest shall sell and transfer the shares held by them as provided in this section. b. The corporation may validly purchase its own shares even though its net assets are less

than its stated capital, or even though by so doing its net assets would be reduced below its stated capital. c. Upon the death of a shareholder, the professional corporation shall immediately pur-

chase all shares held by the deceased shareholder. 2. In order to remain a shareholder of a professional corporation, a shareholder shall at all

times be licensed to practice in this state a profession which the corporation is authorized to practice. Whenever any shareholder does not have or ceases tohave this qualification, the cor- poration shall immediately purchase all shares held by that shareholder. 3. Whenever any person other than the shareholder of record becomes entitled to have

551 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

shares of a corporation transferred into that person’s name or to exercise voting rights, except as a proxy, with respect to shares of the corporation, the corporation shall immediately pur- chase such shares. Without limiting the generality of the foregoing, this section shall be appli- cable whether the event occurs as a result of the appointment of a guardian or conservator for a shareholder or the shareholder’s property, transferof sharesbyoperationof law, involuntary transfer of shares, judicial proceedings, execution, levy, bankruptcy proceedings, receiver- ship proceedings, foreclosure or enforcement of a pledge or encumbrance, or any other situa- tion or occurrence. However, this section does not apply to any voluntary transfer of shares as defined in this chapter. 4. Shares purchased by the corporation under the provisions of this section shall be trans-

ferred to the corporation as of the close of business on the date of the death or other event which requires purchase. The shareholder and the shareholder’s executors, administrators, legal representatives, or successors in interest shall promptly do all things whichmay be nec- essary or convenient to cause transfer to bemade as of the transfer date. However, the shares shall promptly be transferred on the stock transfer books of the corporation as of the transfer date, notwithstanding any delay in transferring or surrendering the shares or certificates rep- resenting the shares, and the transfer shall be valid and effective for all purposes as of the close of business on the transfer date. The purchase price for such shares shall be paid as provided in this chapter, but the transfer of shares to the corporation as provided in this section shall not be delayed or affected by any delay or default in making payment. 5. Notwithstanding the foregoing provisions of this section subsections 1 through 4, pur-

chase by the corporation is not required upon the occurrence of any event other than death of a shareholder if the corporation is dissolved or voluntarily elects to adopt the provisions of the Iowa business corporation Act, as provided in section 490.1701, subsection 2, within sixty days after the occurrence of the event. The articles of incorporation or bylaws may provide that purchase is not required upon the death of a shareholder if the corporation is dissolved within sixty days after thedeath. Notwithstanding the foregoingprovisions of this section sub- sections 1 through 4, purchase by the corporation is not required upon the death of a share- holder if the corporation voluntarily elects to adopt the provisions of the Iowa business corpo- ration Act, as provided in section 490.1701, subsection 2, within sixty days after death. 6. Unless otherwise provided in the articles of incorporation or bylaws or in an agreement

among all shareholders of the professional corporation: 1. a. The purchase price for shares shall be their book value as of the end of the month im-

mediately preceding the death or other event which requires purchase. Book value shall be determined from the books and records of the professional corporation in accordancewith the regular method of accounting used by the corporation, uniformly and consistently applied. Adjustments to book value shall be made, if necessary, to take into account work in process and accounts receivable. Any final determination of book valuemade in good faith by any in- dependent certified public accountant or firm of certified public accountants employed by the corporation for the purpose shall be conclusive on all persons. 2. b. The purchase price shall be paid in cash as follows: (1) Upon thedeath of a shareholder, thirty percent of the purchase price shall be paidwithin

ninety days after death, and the balance shall be paid in three equal annual installments on the first three anniversaries of the death. (2) Upon the happening of any other event referred to in this section, one-tenth of the pur-

chase price shall be paid within ninety days after the date of such event, and the balance shall be paid in three equal annual installments on the first three anniversaries of the date of the event. 3. c. Interest from the date of death or other event shall be payable annually on principal

payment dates, at the rate of six percent per annum on the unpaid balance of the purchase price. 4. d. All persons who are shareholders of the professional corporation on the date of death

or other event, and their executors, administrators, and legal representatives, shall, to the ex- tent the corporation fails to meet its obligations hereunder, be jointly liable for the payment

552LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

of the purchase price and interest in proportion to their percentage of ownership of the corpo- ration’s shares, disregarding shares of the deceased or withdrawing shareholder. 5. e. The part of the purchase price remaining unpaid after the initial payment shall be evi-

denced by a negotiable promissory note, which shall be executed by the corporation and all shareholders liable for payment. Any person liable on the note shall have the right to prepay the note in full or in part at any time. 6. f. If the personmaking any payment is not reasonably able to determine which of two or

more persons is entitled to receive a payment, or if the payment is payable to a person who is unknown, or who is under disability and there is no person legally competent to receive the payment, orwhocannot be foundafter the exercise of reasonable diligence by thepersonmak- ing the payment, it shall be depositedwith the treasurer of state and shall be subject to the pro- visions of the Iowabusiness corporationAct, chapter 490, with respect to funds depositedwith the treasurer of state upon the voluntary or involuntary dissolution of a corporation. 7. g. Notwithstanding the provisions of this section, no part of the purchase price shall be

required to be paid until the certificates representing such shares have been surrendered to the corporation. 8. h. Notwithstanding the provisions of this section, payment of any part of the purchase

price for shares of a deceased shareholder shall not be required until the executor or adminis- trator of the deceased shareholder provides any indemnity, release, or other document from any taxing authority, which is reasonably necessary to protect the corporation against liability for estate, inheritance, and death taxes. 7. The articles of incorporation or bylaws or an agreement among all shareholders of a pro-

fessional corporation may provide for a different purchase price, a different method of deter- mining the purchase price, a different interest rate or no interest, and other terms, conditions, and schedules of payment. 8. The articles of incorporation or bylaws or an agreement among all shareholders of a pro-

fessional corporation may provide for the optional or mandatory purchase of its own shares by the corporation in other situations, subject to any applicable law regarding such purchase.

Sec. 166. Section 499.36A, subsection 1, Code 2009, is amended to read as follows: 1. A director shall discharge the duties of the position of director in good faith, in a manner

the director reasonably believes to be in the best interests of the association, andwith the care that a person in a like position would reasonably believe appropriate under similar circum- stances. A personwho so performs those duties is not liable by reason of being or having been a director of the cooperative association.

Sec. 167. Section 502.602, subsection 3, unnumbered paragraph 1, Code 2009, is amended to read as follows: If apersondoesnot appear or refuses to testify, file a statement, or produce records, or other-

wise does not obey a subpoena as required by the administrator under this chapter, the admin- istratormay apply to the Polk county district court or the district court for the county in which the person resides or is located or a court of another state to enforce compliance. The court may do any of the following:

Sec. 168. Section 505.8, subsection 7, Code 2009, is amended to read as follows: 7. The commissioner shall have regulatory authority over health benefit plans and adopt

rules under chapter 17A as necessary, to promote the uniformity, cost efficiency, transparen- cy, and fairness of such plans for physicians and osteopathic physicians licensed under chap- ters chapter 148, 150, and 150A, and hospitals licensed under chapter 135B, for the purpose of maximizing administrative efficiencies and minimizing administrative costs of health care providers and health insurers.

Sec. 169. Section 520.14, Code 2009, is amended to read as follows: 520.14 VIOLATIONS — EXCEPTIONS. It shall be unlawful for an attorney to exchange contracts of insurance of the kind and char-

553 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

acter specified in this chapter, or for an attorney or representative of the attorney to solicit or negotiate any applications for the same without the attorney having first complied with the foregoing provisions of sections 520.2 through 520.13. For the purpose of organization and upon issuance of permit by the commissioner of insurance, powers of attorney and applica- tions for such contracts may be solicited without compliance with the provisions of this chap- ter, but an attorney, agent, or other person shall notmake any such contracts of indemnity un- til all of the provisions of this chapter shall have been complied with.

Sec. 170. Section 541A.3, Code 2009, is amended to read as follows: 541A.3 INDIVIDUAL DEVELOPMENT ACCOUNTS — STATE SAVINGS MATCH AND

TAX PROVISIONS. All of the following state savingsmatch and tax provisions shall apply to an individual devel-

opment account: 1. a. Payment by the state of a state savingsmatch onamounts of up to two thousanddollars

that anaccountholderdeposits in theaccount holder’s account. Tobeeligible to receive a state savings match an account holder must have a household income that is equal to or less than two hundred percent of the federal poverty level. b. Moneys transferred to an individual development account fromanother individual devel-

opment account and a state savings match received by the account holder in accordance with this section shall not be considered an account holder deposit for purposes of determining a state savings match. c. Payment of a state savings match either shall be made directly to the account holder or

to an operating organization’s central reserve account for later distribution to the account holder in the most appropriate manner as determined by the administrator. d. Subject to the limitation in paragraph “a”, the state savings match shall be equal to one

hundred percent of the amount deposited by the account holder. However, the administrator may limit, reduce, delay, or otherwise revise state savingsmatch payment provisions as neces- sary to restrict the payments to the funding available. 2. Income earned by an individual development account is not subject to state tax, in accor-

dance with the provisions of section 422.7, subsection 28. 3. Amounts transferred between individual development accounts are not subject to state

tax. 4. The administrator shall coordinate the filing of claims for a state savings match autho-

rized under subsection 1, between account holders and operating organizations. Claims ap- proved by the administrator may be paid to each account holder, for an aggregate amount for distribution to the holders of the accounts in a particular financial institution, or to an operat- ing organization’s central reserve account for later distribution to the account holders depend- ing on the efficiency for issuing the state savings match payments. Claims shall be initially filed with the administrator on or before a date established by the administrator. Claims ap- proved by the administrator shall be paid from the individual development account state sav- ings match fund.

Sec. 171. Section 554.10103, Code 2009, is amended to read as follows: 554.10103 GENERAL REPEALER. Except as provided in the following section 554.7103, all acts and parts of acts inconsistent

with this chapter are hereby repealed.

Sec. 172. Section 556F.17, Code 2009, is amended to read as follows: 556F.17 PENALTY FOR SELLING. If any person shall trade, sell, loan, or take out of the limits of this state any such property

taken up or found as aforesaid provided in this chapter, before the person shall be vested with the right to the same according to the foregoing provisions property, the person shall forfeit and pay double the value thereof, to be recovered by any person in an action, one half of which shall go to the plaintiff and the other half to the county.

554LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

Sec. 173. Section 602.10111, Code 2009, is amended to read as follows: 602.10111 NONRESIDENT ATTORNEY — APPOINTMENT OF LOCAL ATTORNEY. Any member of the bar of another state, actually engaged in any cause or matter pending

in any court of this state, may be permitted by such court to appear in and conduct such cause ormatterwhile retaining the attorney’s residence in another state,without being subject to the foregoingprovisions of this article; provided that at the time the attorney enters anappearance the attorney files with the clerk of such court the written appointment of some attorney resi- dent and admitted to practice in the state of Iowa, uponwhomservicemaybehad in allmatters connectedwith said action,with the sameeffect as if personallymade on such foreign attorney within this state. In case of failure to make such appointment, such attorney shall not be per- mitted topractice as aforesaid provided in this section, andall papers filed by the attorney shall be stricken from the files.

Sec. 174. Section 692.18, Code 2009, is amended to read as follows: 692.18 PUBLIC RECORDS. 1. Nothing in this chapter shall prohibit the public from examining and copying the public

records of any public body or agency as authorized by chapter 22. 2. Intelligence data in the possession of a criminal or juvenile justice agency, state or federal

regulatory agency, or peace officer, or disseminated by such agency or peace officer, are not public confidential records within the provisions of chapter 22 under section 22.7, subsection 55.

Sec. 175. Section 707.7, Code 2009, is amended to read as follows: 707.7 FETICIDE. 1. Any person who intentionally terminates a human pregnancy, with the knowledge and

voluntary consent of the pregnant person, after the end of the second trimester of the pregnan- cy where death of the fetus results commits feticide. Feticide is a class “C” felony. 2. Any personwho attempts to intentionally terminate a human pregnancy, with the knowl-

edge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancywhere death of the fetus does not result commits attempted feticide. Attempted feticide is a class “D” felony. This section shall not apply to the termination of a human pregnancy performed by a physi-

cian licensed in this state to practice medicine or surgery when in the best clinical judgment of the physician the termination is performed to preserve the life or health of the pregnant per- son or of the fetus and every reasonable medical effort not inconsistent with preserving the life of the pregnant person is made to preserve the life of a viable fetus. 3. Any person who terminates a human pregnancy, with the knowledge and voluntary con-

sent of the pregnant person, who is not a person licensed to practice medicine and surgery or osteopathic medicine and surgery under the provisions of chapter 148, or an osteopathic phy- sician and surgeon licensed to practice osteopathicmedicine and surgery under theprovisions of chapter 150A, commits a class “C” felony. 4. This section shall not apply to the termination of a humanpregnancy performedby a phy-

sician licensed in this state to practicemedicine or surgery or osteopathicmedicine or surgery when in the best clinical judgment of the physician the termination is performed to preserve the life or health of the pregnant person or of the fetus and every reasonablemedical effort not inconsistent with preserving the life of the pregnant person is made to preserve the life of a viable fetus.

Sec. 176. Section 709.22, subsection 1, paragraph c, unnumbered paragraph 1, Code 2009, is amended to read as follows: Providing a victim with immediate and adequate notice of the victim’s rights. The notice

shall consist of handing the victim a document that includes the telephone numbers of shel- ters, support groups, and crisis lines operating in the area and contains a copy of the following statementwritten inEnglish andSpanish,; asking the victim to read the statement,; and asking whether the victim understands the rights:

555 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

Sec. 177. Section 709.22, subsection 1, paragraph d, Code 2009, is amended by striking the paragraph.

Sec. 178. Section 714.8, subsection 18, Code 2009, is amended to read as follows: 18. a. Manufactures, creates, reproduces, alters, possesses, uses, transfers, or otherwise

knowingly contributes to the production or use of a fraudulent retail sales receipt or universal price product code label with intent to defraud another person engaged in the business of re- tailing. b. For purposes of this subsection: a. (1) “Retail sales receipt” means a document intended to evidence payment for goods or

services. b. (2) “Universal price product code label” means the unique ten-digit bar code placed on

the packaging of an item that may be used for purposes including but not limited to tracking inventory, maintaining price information in a computerized database, and serving as proof of purchase of a particular item.

Sec. 179. Section 714E.1, subsection 3, paragraph a, subparagraph (2), Code 2009, is amended to read as follows: (2) Obtain a forbearance, modification, or repayment plan from for a beneficiary or mort-

gagee.

Sec. 180. Section 714E.4, unnumbered paragraph 1, Code 2009, is amended to read as fol- lows: It is a violation of this chapter for a foreclosure consultant to do any of the following:

Sec. 181. Section 714F.3, subsection 2, Code 2009, is amended to read as follows: 2. The contract required by this section 714F.2 survives delivery of any instrument of con-

veyance of the residence in foreclosure, and but has no effect on persons other than the parties to the contract.

Sec. 182. Section 714F.6, Code 2009, is amended to read as follows: 714F.6 WAIVER. Awaiver of the provisions of this chapter is void and unenforceable as contrary to public pol-

icy, except a consumer may waive the three-day right to cancel provided in section 714F.4 if the property is subject to a foreclosure sale, tax sale, or contract forfeiture within the three business days and the shortened cancellation period was not caused by the foreclosure pur- chaser or an agent of the foreclosure purchaser, and the. Awaiver of a foreclosed homeowner agrees towaive the foreclosedhomeowner’s right to cancel shall be inahandwritten statement signed by all parties holding title to the foreclosed property.

Sec. 183. Section 714F.9, subsection 2, Code 2009, is amended to read as follows: 2. EXEMPLARY DAMAGES. In a private right of action for a violation of this chapter, the

court may award exemplary damages of any amount. If the court determines that an award of exemplary damages is appropriate, the amount of exemplary damages awarded shall not be less than one and one-half times the foreclosed homeowner’s actual damages. Any claim for exemplary damages brought pursuant to this section must be commenced within four years after the date of the alleged violation.

Sec. 184. Section 728.15, Code 2009, is amended to read as follows: 728.15 TELEPHONE DISSEMINATION OF OBSCENE MATERIAL TO MINORS. 1. a. Asused in this section, “person” excludesany information-access serviceprovider that

merely provides transmission capacity without control over the content of the transmission. b. A person shall not knowingly disseminate obscene material by the use of telephones or

telephone facilities to aminor. A personwho violates this subsection upon conviction is guilty

556LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

of an aggravated misdemeanor. However, second and subsequent offenses of this subsection by a person who has been previously convicted of violating this subsection are class “D” felo- nies. As used in this subsection, a “person” excludes any information-access service provider that merely provides transmission capacity without control over the content of the transmis- sion. 2. It shall be a defense in any prosecution for a violation of subsection 1 by a person who

accused of knowingly disseminates disseminating obscene material by the use of telephones or telephone facilities to aminor that the defendant person accused has taken either of the fol- lowing measures to restrict access to the obscene material: a. Required The person accused has done all of the following: (1) Required the person receiving the obscenematerial to use an authorized access or iden-

tification code, as provided by the information provider, before transmission of the obscene material begins, where the defendant has previously. (2) Previously issued the code by mailing it to the applicant after taking reasonable mea-

sures to ascertain that the applicant was eighteen years of age or older and has established. (3) Established a procedure to immediately cancel the code of any person after receiving

notice, inwriting or by telephone, that the code has been lost, stolen, or used by persons under the age of eighteen years or that the code is no longer desired. b. Required The person accused has required payment by credit card before transmission

of the obscene material. 3. Any list of applicants or recipients compiled ormaintained by an information-access ser-

vice provider for purposes of compliancewith subsection 2 is confidential and shall not be sold or otherwise disseminated except upon order of the court. 4. a. A violation of subsection 1 is an aggravated misdemeanor. b. A violation of subsection 1 by a person who has been previously convicted of a violation

of subsection 1 is a class “D” felony.

Sec. 185. Section 805.8B, subsection 2, paragraph e, Code 2009, is amended to read as fol- lows: e. For identification decal violations under section 321G.5, the scheduled fine is twenty dol-

lars.

Sec. 186. Section 805.8B, subsection 2A, paragraph e, Code 2009, is amended to read as follows: e. For identification decal violations under section 321I.6, the scheduled fine is twenty dol-

lars.

Sec. 187. Section 820.11, Code 2009, is amended to read as follows: 820.11 PENALTY FOR WILLFUL DISOBEDIENCE. Any officer who shall deliver to the agent for extradition of the demanding state a person

in the officer’s custody under the governor’swarrant, inwillful disobedience to the last section 820.10, shall be guilty of a simple misdemeanor.

Sec. 188. Section 35B.6, subsection 1, paragraph a, Code 2007, as amended by 2008 Iowa Acts, chapter 1130, section 4, is amended to read as follows: a. The members of the commission shall qualify by taking the usual oath of office, and give

bond in the sum of five hundred dollars each, conditioned for the faithful discharge of their duties with sureties to be approved by the county auditor. The commission shall organize by the selection of one of their members as chairperson, and one as secretary. The commission, subject to the approval of the board of supervisors, shall employ an executive director or ad- ministrator and shall have the power to employ other necessary employees when needed, in- cluding administrative or clerical assistants, but nomember of the commission shall be so em- ployed. The compensation of such employees shall be fixed by the board of supervisors, but no member of the commission shall be so employed. The executive director must possess the

557 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

same qualifications as provided in section 35B.3 for commission members. However, this qualification requirement shall not apply to a person employed as an executive director prior to July 1, 1989.

Sec. 189. Section 35B.14, Code 2007, as amended by 2008 IowaActs, chapter 1130, section 7, is amended to read as follows: 35B.14 COUNTY APPROPRIATION. 1. The board of supervisors of each county may appropriate moneys for training an execu-

tive director or administrator as provided for in section 35B.6, the and for the expenses for food, clothing, shelter, utilities, medical benefits, and a funeral expenses of for indigent veter- ans, as defined in section 35.1, and aswell as for their indigent spouses, surviving spouses, and minor children not over eighteen years of age, having a legal residence who legally reside in the county. 2. The appropriation shall be expended by the joint action and control of the board of super-

visors and the county commission of veteran affairs.

Sec. 190. 2008 Iowa Acts, chapter 1191, section 109, is amended to read as follows: SEC.109. Section 257.11 257.31, subsection 5, Code Supplement 2007, is amended by add-

ing the following new paragraph: NEWPARAGRAPH. n. Unusual need for additional funds for the costs associatedwithpro-

viding competent private instruction pursuant to chapter 299A.

Sec. 191. Sections 238.2, 435.34, and 435.35, Code 2009, are repealed.

Sec. 192. DIRECTIVES TO CODE EDITOR — TRANSFERS. 1. The Code editor shall transfer sections 147.57 and 147.114 to new locations deemed ap-

propriate by the Code editor in chapter 153 and correct any internal references in the Code or Acts as necessary to complete the transfers. 2. The Code editor shall number the existing paragraph within section 216.18, transfer sec-

tion 216.18A to become subsection 2 of that section, and correct any internal references in the Code or Acts as necessary to complete the transfer.

DIVISION II CODE SECTION RENUMBERINGS

Sec. 193. Section 123.129, Code 2009, is amended to read as follows: 123.129 CLASS “C” APPLICATION. 1. For purposes of this section: a. “Grocery store”means any retail establishment, the business ofwhich consists of the sale

of food, food products, or beverages for consumption off the premises. b. “Pharmacy” means a drug store in which drugs and medicines are exposed for sale and

sold at retail, or inwhich prescriptions of licensed physicians and surgeons, dentists, or veteri- narians are compounded and sold by a registered pharmacist. 2. No A class “C” permit shall not be issued to any person except the owner or proprietor

of a grocery store or pharmacy. “Grocery store” means any retail establishment, the business of which consists of the sale

of food, food products or beverages for consumption off the premises. “Pharmacy”means a drug store in which drugs andmedicines are exposed for sale and sold

at retail, or in which prescriptions of licensed physicians and surgeons, dentists or veterinari- ans are compounded and sold by a registered pharmacist. 3. A class “C” permit shall be issued by the administrator to any person who is the owner

or proprietor of a grocery store or pharmacy, who: 1. a. Submits awritten application for suchpermit, which application shall state under oath

all the information required of a class “A” applicant by section 123.127, subsection 1.

558LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

2. b. Establishes that the person is of good moral character as defined by this chapter. 3. c. Consents to inspection as required in section 123.30, subsection 1. 4. d. States thenumber of square feet of interior floor spacewhich comprises the retail sales

area of the premises for which the permit is sought.

Sec. 194. Section 124.101, subsection 1, Code 2009, is amended to read as follows: 1. “Administer” means the direct application of a controlled substance, whether by injec-

tion, inhalation, ingestion, or any other means, to the body of a patient or research subject by: a. A practitioner, or in the practitioner’s presence, by the practitioner’s authorized agent;

or b. The patient or research subject at the direction and in the presence of the practitioner. Nothing contained in this chapter shall be construed to prevent a physician, dentist, podiat-

ric physician, or veterinarian from delegating the administration of controlled substances un- der this chapter to a nurse, intern, or other qualified individual or, as to veterinarians, to an orderly or assistant, under the veterinarian’s direction and supervision; all pursuant to rules adopted by the board.

Sec. 195. NEW SECTION. 124.101A ADMINISTRATION OF CONTROLLED SUB- STANCES — DELEGATION. Nothing contained in this chapter shall be construed to prevent a physician, dentist, podiat-

ric physician, or veterinarian from delegating the administration of controlled substances un- der this chapter to a nurse, intern, or other qualified individual or, as to veterinarians, to an orderly or assistant, under the veterinarian’s direction and supervision; all pursuant to rules adopted by the board.

Sec. 196. Section 135J.1, subsection 6, Code 2009, is amended to read as follows: 6. “Interdisciplinary team” means the hospice patient and the hospice patient’s family, the

attending physician, and all of the following individuals trained to serve with a licensed hos- pice program: a. A licensed physician pursuant to chapter 148. b. A licensed registered nurse pursuant to chapter 152. c. An individual with at least a baccalaureate degree in the field of social work providing

medical-social services. d. Trained hospice volunteers. e. Providers As deemed appropriate by the hospice, providers of special services, including

but not limited to, a spiritual counselor, a pharmacist, or professionals in the fields of mental health may be included on the interdisciplinary team as deemed appropriate by the hospice.

Sec. 197. Section 137.6, Code 2009, is amended to read as follows: 137.6 POWERS OF LOCAL BOARDS. 1. Local boards shall have powers to do the following powers: 1. a. Enforce state health laws and the rules and lawful orders of the state department. 2. b. (1) Make and enforce such reasonable rules and regulations not inconsistentwith law

or with the rules of the state board as may be necessary for the protection and improvement of the public health. a. (a) Rules of a county board shall become effective upon approval by the county board of

supervisors by amotionor resolutionasdefined in section331.101, subsection13, andpublica- tion in a newspaper having general circulation in the county. b. (b) Rules of a city board shall become effective upon approval by the city council and

publication in a newspaper having general circulation in the city. c. (c) Rules of a district board shall become effective upon approval by the district board

and publication in a newspaper having general circulation in the district. d. (2) However, before Before approving any rule or regulation the local board of health

shall hold a public hearing on the proposed rule. Any citizen may appear and be heard at the public hearing. A notice of the public hearing, stating the time and place and the general na-

559 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

ture of the proposed rule or regulation, shall be published as provided in section 331.305 in the area served by the board. The board shall also make a reasonable effort to give notice of the hearing to the communications media located within said area. Theboard shall alsomakea reasonable effort to givenotice of thehearing to thecommunica-

tions media located within said area. 3. May by agreement with the council of any city within its jurisdiction enforce appropriate

ordinances of said city. 4. c. Employ persons as necessary for the efficient discharge of its duties. Employment

practices shall meet the requirements of chapter 8A, subchapter IV, or any civil service provi- sion adopted under chapter 400. 5. d. Provide reports of its operations and activities to the state department as may be re-

quired by the director. 2. A local board may, by agreement with the council of any city within its jurisdiction, en-

force appropriate ordinances of the city.

Sec. 198. Section 147A.4, subsection 1, Code 2009, is amended to read as follows: 1. a. The department shall adopt rules required or authorized by this subchapter pertaining

to the operation of ambulance, rescue, and first response services which have received autho- rization under section 147A.5 to utilize the services of certified emergency medical care pro- viders. These rules shall include, but need not be limited to, requirements concerning physi- cian supervision, necessary equipment and staffing, and reporting by ambulance, rescue, and first response services which have received the authorization pursuant to section 147A.5. b. The director, pursuant to rule, may grant exceptions and variances from the require-

ments of rules adopted under this subchapter for any ambulance, rescue, or first response ser- vice. Exceptions or variations shall be reasonably related to undue hardships which existing services experience in complying with this subchapter or the rules adopted pursuant to this subchapter. However, no exceptionor variancemaybegrantedunless the service has adopted a plan approved by the department prior to July 1, 1996, to achieve compliance during a period not to exceed seven years with this subchapter and rules adopted pursuant to this subchapter. Services requesting exceptions and variances shall be subject to other applicable rules adopt- ed pursuant to this subchapter.

Sec. 199. Section 149.1, subsections 2, 3, and 4, Code 2009, are amended to read as follows: 2. As used in this chapter, “board”: a. “Board” means the board of podiatry, created under chapter 147. 3. b. As used in this chapter, “human “Human foot” means the ankle and soft tissue which

insert into the foot as well as the foot. 4. c. “Podiatric physician” means a physician or surgeon licensed under this chapter to en-

gage in the practice of podiatric medicine and surgery.

Sec. 200. Section 149.5, Code 2009, is amended to read as follows: 149.5 AMPUTATIONS — ANESTHESIA — PRESCRIPTION DRUGS. 1. A license to practice podiatry shall not authorize the licensee to amputate the human foot. 2. A licensed podiatric physician may administer do all of the following: a. Administer local anesthesia. b. Conscious Administer conscious sedation may be administered by a licensed podiatric

physician in a hospital or an ambulatory surgical center. c. A licensed podiatric physician may prescribe Prescribe and administer drugs for the

treatment of human foot ailments as provided in section 149.1.

Sec. 201. Section 153.39, subsection 2, Code 2009, is amended to read as follows: 2. Education requirements shall be determined by the board by rule, according to standards

to be determined by the board. A person shall be registered upon the successful completion of either of the education and examination requirements pursuant to established in paragraph

560LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

“a” or “b”. Education requirements shall bedeterminedby theboardby rule, according to stan- dards to be determined by the board.: a. Successful completion of a course of study and examination approved by the board and

sponsored by a board-approved postsecondary school. b. Successful completion of on-the-job training and examination consisting of all of the fol-

lowing: (1) Completion of on-the-job training as specified in rule. (2) Successful completion of an examination process approved by the board. A written ex-

amination may be waived by the board pursuant to section 17A.9A, in practice situations where the written examination is deemed to be unnecessary or detrimental to the dentist’s practice. 2A. The education requirements in subsection 2, paragraphs “a” and “b” may include pos-

session of a valid certificate in a nationally recognized course in cardiopulmonary resuscita- tion. Successful passage of an examination administered by the board under subsection 2, paragraph “a” or “b”, which shall include sections regarding infection control, hazardous ma- terials, and jurisprudence, shall also be required. 2B. Theboard shall establish continuing education requirements as a condition of renewing

registration as a registered dental assistant, as well as standards for the suspension or revoca- tion of registration.

Sec. 202. Section 163.2, Code 2009, is amended to read as follows: 163.2 INFECTIOUS OR CONTAGIOUS DISEASES. As provided in this chapter, unless the context otherwise requires: 1. “Certificate of veterinary inspection” or “certificate” means a legible record, made on an

official form of the state of origin or the animal and plant health inspection service of the United States department of agriculture, and issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the animal and plant health inspection service, which shows that an animal listed on the form meets the health requirements of the state of destination. 2. “Control” means the prevention, suppression, or eradication of an infectious or conta-

gious disease afflicting an animal within the state. 3. “Department” means the department of agriculture and land stewardship. 4. “Foot andmouth disease”means a virus of the family picornaviridae, genus aphthovirus,

including any immunologically distinct serotypes. 4. 5. “Infectious or contagious disease” means glanders, farcy, maladie du coit (dourine),

anthrax, foot and mouth disease, scabies, hog cholera, tuberculosis, brucellosis, vesicular ex- anthema, scrapie, rinderpest, avian influenza or Newcastle disease as provided in chapter 165B, or any other transmissible, transferable, or communicable disease so designated by the department. As used in this chapter, “foot andmouth disease”means a virus of the family picornaviridae,

genus aphthovirus, including any immunologically distinct serotypes. 5. 6. “Move” or “movement”, except as provided in subchapter III, means to ship, transport,

or deliver an animal.

Sec. 203. Section 163.30, subsection 3, paragraph d, Code 2009, is amended to read as fol- lows: d. A permittee shall not represent more than one dealer. Failure of a licensee or permittee

to comply with this chapter or a rule made pursuant to this chapter is cause for revocation by the secretary of the permit or license after notice to the alleged offender and the holding of a hearing by the secretary. Rules shall bemade in accordancewith chapter 17A. A rule, the vio- lation of which is made the basis for revocation, except temporary emergency rules, shall first have been approved after public hearing as provided in section 17A.4 after giving twenty days’ notice of the hearing as follows: By bymailing the notice, by ordinarymail, to every person filing a request for notice accom-

561 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

panied by an addressed envelope with prepaid postage. Any person may file such a request to be listedwith any agency for notice for the time and place for all hearings on proposed rules, which request shall be accompanied by a remittance of five dollars. Such fee shall be added to the operating fund of the department. The listing shall expire semiannually on January 1 and July 1.

Sec. 204. Section 163.30, subsections 4 through 7, Code 2009, are amended to read as fol- lows: 4. a. All swine moved shall be individually identified with a distinctive and easily discern-

ible ear tag affixed in either ear of the animal or other identification acceptable to the depart- ment, which has been specified by rule promulgated under the department’s rulemaking au- thority. The department shall make ear tags available at convenient locations within each county and shall sell such tags at a price not exceeding the cost to producers andothers to com- ply with this section. b. Every seller, dealer and market operator shall keep a record of the ear tag numbers, or

other approved identification, and the farmoforigin of swinemovedbyor through that person, which records shall be made available by that person to any appropriate representative of the department or the United States department of agriculture. 5. a. All swine moved shall be accompanied by a certificate of veterinary inspection issued

by the state of origin and prepared and signed by a veterinarian. The certificate shall show thepoint of origin, thepoint of destination, individual identification, immunization status, and, when required, any movement permit number assigned to the shipment by the department. All suchmovement of swine shall be completed within seventy-two hours unless an extension of time for movement is granted by the department. b. However, swine may be the requirements of paragraph “a” do not apply as follows: (1) Swinewhich aremoved intrastate directly to an approved state, federal, or auctionmar-

ket without such identification or certification, there to be identified and certificated, are ex- cepted from the identification and certification requirements. c. However, registered Registered swine for exhibition or breeding purposes which can be

individually identified by an ear notch or tattoo or other method approved by the department are excepted from this the additional identification requirement. In addition, native d. Native Iowa swinemoved from farm to farm shall be excepted from the identification re-

quirement if the owner transferring possession of the feeder pigs executes a written agree- ment with the person taking possession of the feeder pigs. The agreement shall provide that the feeder pigs shall not be commingledwith other swine for aperiod of thirty days. Theowner transferringpossession shall be responsible formaking certain that the agreement is executed and for providing a copy of the agreement to the person taking possession. 6. The department may combine a certificate of veterinary inspection with a certificate of

inspection required under chapter 166D. 6. 7. The department may require issuance of movement permits on certain categories of

swinemoved, prior to theirmovement, pursuant to departmental rule. The rule shall be prom- ulgated when in the judgment of the secretary, such movements would otherwise threaten or imperil the eradication of hog cholera in Iowa. 7. 7A. All swine moved shall be quarantined separate and apart from other swine located

at the Iowa farm of destination for thirty days beginning with their arrival at such premises, or if such incoming swine are not held separate and apart, all swine on such premises shall be thus quarantined, except animals moving from such premises directly to slaughter. 7B. There can only be one transfer by a dealer, involving not more than two markets, prior

to quarantine.

Sec. 205. Section 166D.7, subsection 2, Code 2009, is amended to read as follows: 2. A monitored herd shall be initially certified, recertified, and maintained as follows: a. Theherd shall be certifiedwhena statistical sampling of theherd is determined to benon-

infected.

562LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

b. In order to remain certified the herd must be retested and recertified as provided by the department. Theherdmust be recertified annually. Theherd shall be recertifiedwhena statis- tical sampling of the herd is determined to be noninfected within twelve months from initial certification or the most recent recertification. c. Amonitored herd shall not be certified or recertified, if the herd is locatedwithin a county

which is designated by the department as in stage II of the national pseudorabies eradication program, unless the herd is vaccinated with amodified-live differentiable vaccine pursuant to section 166D.11 and as required by the department. c. d. A monitored herd may receive new swine into the herd from a noninfected herd.

Sec. 206. Section 167.4, Code 2009, is amended to read as follows: 167.4 LICENSING PROCEDURE — FEES. 1. The following shall apply to a person required to be licensed under this chapter: 1. a. The person shall submit an application for a license to the department in amanner and

according to procedures required by the department. 2. b. The person shall include in the application information as required by the department,

on forms prescribed by the department, which shall include at least all of the following: a. (1) For a disposal plant, the person shall state the person’s name and address, the per-

son’s proposed place of business, and the total number of vehicles to be involved in the opera- tion. b. (2) For a collection point involving the accumulation of whole animal carcasses or their

parts for ultimate transportation to a disposal plant, the person’s name and address, the per- son’s proposed place of business, and the total number of vehicles to be involved in the opera- tion. c. (3) For a delivery servicewhich transports whole animal carcasses or their parts to a dis-

posal plant or collection point, the person’s name and address, the total number of vehicles to be involved in the operation, and the location where the vehicles involved in the operation are to be maintained. 3. c. The person shall submit a separate application for each location that the person is to

operate as a disposal plant, collection point, or a delivery service. 4. d. The person shall submit pay a license fee as follows: a. (1) For a disposal plant, one hundred dollars. b. (2) For a collection point, one hundred dollars. However, a person is not required to pay

the license fee for a collection point which is operated by a disposal plant. c. (3) For a delivery service which is not part of the operation of a disposal plant or collec-

tion point, fifty dollars. 5. e. A license issued to a person under this section shall expire on December 31 of each

year. The person may renew the license by completing a renewal form as prescribed by the department in a manner and according to procedures required by the department. However, the renewal form must be submitted to the department prior to the license’s expiration date. The person shall submit pay a renewal license fee which shall be for the same amount as the original license fee. Fees collected pursuant to this section shall be deposited into the general fund of the state. 6. f. A person’s license is subject to suspension or revocation by the department if the de-

partment determines that the person has committed a material violation of this chapter, in- cluding rules adopted by this chapter, or a term or condition of the license. The person may contest the department’s action as provided in chapter 17A. 2. Fees collectedpursuant to this section shall bedeposited into thegeneral fundof the state.

Sec. 207. Section 169.6, Code 2009, is amended to read as follows: 169.6 DISCLOSURE OF CONFIDENTIAL INFORMATION. 1. A member of the board shall not disclose information relating to the following: 1. a. Criminal history or prior misconduct of the applicant. 2. b. Information relating to the contents of the examination.

563 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

3. c. Information relating to the examination results other than final score except for infor- mation about the results of an examinationwhich is given to the personwho took the examina- tion. 2. Amember of the board whowillfully communicates or seeks to communicate such infor-

mation in violation of subsection 1, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor for each separate offense.

Sec. 208. Section 191.2, subsections 2 and 7, Code 2009, are amended to read as follows: 2. OLEOMARGARINE. a. No person shall sell or offer for sale, colored oleo, oleomargarine or margarine unless —

sucholeo, oleomargarineormargarine is packaged; thenetweight of the contents of anypack- age sold in a retail establishment is onepoundor less; there appears on the label of thepackage the word “oleo”, “oleomargarine” or “margarine” in type or lettering at least as large as any other type or lettering on such label, and a full and accurate statement of all the ingredients contained in such oleo, oleomargarine ormargarine; and each part of the contents of the pack- age is contained in a wrapper which bears the word “oleo”, “oleomargarine” or “margarine” in type or lettering not smaller than twenty point type. For the purposes of this chapter the term “oleo”, “oleomargarine” or “margarine” includes

all substances, mixtures and compounds known as oleo, oleomargarine or margarine, and all substances, mixtures and compounds which have a consistence similar to that of butter and which contain any edible oils or fats other than milk fat if made in imitation or semblance of butter. For thepurposes of this chapter coloredoleo, oleomargarineormargarine is oleo, oleo- margarine or margarine to which any color has been added. b. Whenever coloring of any kind has been added it shall be clearly stated on both inside

wrapper and the outside package. The ingredients of oleo, oleomargarine or margarine shall be listedonboth the insidewrapper andoutsidepackage in theorder of theamounts of ingredi- ents in the package. c. Sucholeo, oleomargarine ormargarine shall contain vitamin “A” in suchquantity that the

finished oleo, oleomargarine or margarine contains not less than fifteen thousand United States Pharmacopoeia units of vitamin “A” per pound, as determined by the method pre- scribed in the Pharmacopoeia of the United States for the total biological vitamin “A” activity. 7. a. Tanks transporting rawmilk andmilk products to amilk plant from sources of supply

not under the supervision of the secretary or authorized municipal corporation are required to bemarkedwith thenameandaddress of themilkplant or hauler and shall be sealed; in addi- tion, for each such shipment, a shipping statement shall be prepared containing at least the following information: a. (1) Shipper’s name, address, and permit number. b. (2) Permit number of hauler, if not employee of shipper. c. (3) Point of origin of shipment. d. (4) Tanker identity number. e. (5) Name of product. f. (6) Weight of product. g. (7) Grade of product. h. (8) Temperature of product. i. (9) Date of shipment. j. (10) Name of supervising health authority at the point of origin. k. (11) Whether the contents are raw, pasteurized, or otherwise heat treated. b. Such statement shall be prepared in triplicate and shall be kept on file by the shipper, the

consignee, and the carrier for a period of six months for the information of the secretary.

Sec. 209. Section 191.4, Code 2009, is amended to read as follows: 191.4 “PERSON” DEFINED DEFINITIONS. 1. “Oleo”, “oleomargarine”, or “margarine”, for purposes of this chapter, includes all sub-

stances, mixtures, and compounds known as oleo, oleomargarine, or margarine, and all sub-

564LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

stances, mixtures, and compounds which have a consistence similar to that of butter and which contain any edible oils or fats other than milk fat if made in imitation or semblance of butter. For the purposes of this chapter, colored oleo, oleomargarine, or margarine is oleo, oleomargarine, or margarine to which any color has been added. 2. “Person” as used in this chapter and chapters 190 and 192 means any individual, plant

operator, partnership, corporation, company, firm, trustee, or association.

Sec. 210. Section 200.14, Code 2009, is amended to read as follows: 200.14 RULES. 1. The secretary is authorized, after public hearing, following due notice, to adopt rules set-

ting forth minimum general safety standards for the design, construction, location, installa- tion and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of anhydrous ammonia. a. The rules shall be such as are reasonably necessary for the protection and safety of the

public and persons using anhydrous ammonia, and shall be in substantial conformity with the generally accepted standards of safety. b. It is hereby declared that rules Rules that are in substantial conformitywith the published

standards of the agricultural ammonia institute for the design, installation and construction of containers and pertinent equipment for the storage and handling of anhydrous ammonia, shall be deemed to be in substantial conformity with the generally accepted standards of safe- ty. 2. Anhydrous ammonia equipment shall be installed and maintained in a safe operating

condition and in conformity with rules adopted by the secretary. 3. The secretary is hereby charged with the enforcement of shall enforce this chapter, and,

after due publicity and due public hearing, is empowered to promulgate and may adopt such reasonable rules as may be necessary in order to carry into effect the purpose and intent and to secure the efficient administration of this chapter or to secure the efficient administration thereof. 4. Nothing in this This chapter shall does not prohibit the use of storage tanks smaller than

transporting tanks nor the transfer of all kinds of fertilizer including anhydrous ammonia di- rectly from transporting tanks to implements of husbandry, if proper safety precautions are observed.

Sec. 211. Section 203.12A, subsections 1, 2, and 9, Code 2009, are amended to read as fol- lows: 1. a. As used in this section: (1) “Grain dealer assets” includes proceeds received or due a grain dealer upon the sale, in-

cluding exchange, collection, or other disposition, of grain sold by the grain dealer. “Grain dealer assets” also includes anyother fundsor property of thegraindealerwhich canbedirect- ly traced as being from the sale of grain by the grain dealer, or which were utilized in the busi- ness operation of the grain dealer. (2) “Proceeds” means noncash and cash proceeds as defined in section 554.9102. b. A court, upon petition by an affected party, may order that claimed grain dealer assets

are not grain dealer assets as defined in this section. The burden of proof shall be upon the petitioner to establish that the assets are not grain dealer assets as defined in this section. 2. A statutory lien is imposed on all grain dealer assets in favor of sellers who have surren-

dered warehouse receipts or other written evidence of ownership as part of a grain sale trans- action or who possess written evidence of the sale of grain to a grain dealer, without receiving full payment for the grain. 2. “Grain dealer assets” includes proceeds received or due a grain dealer upon the sale, in-

cluding exchange, collection, or other disposition, of grain sold by the grain dealer. As used in this section, “proceeds” means noncash and cash proceeds as defined in section 554.9102. “Grain dealer assets” also includes any other funds or property of the grain dealer which can be directly traced as being from the sale of grain by the grain dealer, or which were utilized

565 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

in the business operation of the grain dealer. A court, upon petition by an affected party, may order that claimed grain dealer assets are not grain dealer assets as defined in this section. Theburdenof proof shall be upon the petitioner to establish that the assets are not grain dealer assets as defined in this section. 9. a. The board may enforce the lien in the manner provided in chapter 554, article 9, part

6, for the enforcement of security interests. If, upon enforcement of the lien, the lien amount is satisfied in full without exhaustion of the grain dealer assets, the remaining assets shall be returned to thegraindealer or, if thereare competingclaims to those remainingassets byother creditors, shall place those assets in the custody of the district court and implead the known creditors. b. For purposes of enforcement of the lien, the board is deemed to be the secured party and

the grain dealer is deemed to be the debtor, and each has the respective rights and duties of a securedparty andadebtor as provided in chapter 554, article 9, part 6. If a right or dutyunder chapter 554, article 9, part 6, is contingent upon the existence of express language in a security agreement, or may be waived by express language in a security agreement, the requisite lan- guage is deemed not to exist for purposes of enforcement of the lien created by this section.

Sec. 212. Section 203.15, subsection 4, paragraph c, Code 2009, is amended to read as fol- lows: c. (1) A grain dealer must meet at least either of the following conditions: (1) (a) The grain dealer’s last financial statement required to be submitted to the depart-

ment pursuant to section 203.3 is accompanied by an unqualified opinion based upon an audit performed by a certified public accountant licensed in this state. (2) (b) The grain dealer files a bond with the department in the amount of one hundred

thousand dollars payable to the department. (2) (a) The bond filedwith the department under this paragraph shall be used to indemnify

sellers for losses resulting from a breach of a credit-sale contract as provided by rules adopted by the department. The rules shall include, but are not limited to, procedures and criteria for providing notice, filing claims, valuing losses, and paying claims. The bond provided in this paragraph shall be in addition to any other bond required in this chapter. (b) A The bond filed with the department under this paragraph shall not be canceled by the

issuer on less than ninety days notice by certified mail to the department and the principal. However, if an adequate replacement bond is filed with the department, the department may authorize the cancellation of the original bond before the end of the ninety-day period. (c) If an adequate replacement bond is not received by the department within sixty days of

the issuance of the notice of cancellation, the department shall automatically suspend the grain dealer’s license. The department shall cause an inspection of the licensed grain dealer immediately at the end of the sixty-day period. If a replacement bond is not filedwithin anoth- er thirty days following the suspension, the grain dealer license shall be automatically re- voked. (3) When a license is revoked, the department shall provide notice of the revocation by ordi-

nary mail to the last known address of each holder of an outstanding credit-sale contract and all known sellers.

Sec. 213. Section 203C.33, Code 2009, is amended to read as follows: 203C.33 FEES. 1. The department shall charge the following fees for deposit in the general fund: 1. a. For the issuance or renewal of a warehouse license, the fee shall be determined on the

basis of the storage capacity in bushels of grain as follows: a. (1) If the total storage capacity is one hundred thousand bushels or less, the fee is fifty-

eight dollars. b. (2) If the total storage capacity ismore thanonehundred thousand bushels, but notmore

than seven hundred fifty thousand bushels, the fee is one hundred twenty-five dollars. c. (3) If the total storage capacity is more than seven hundred fifty thousand bushels, but

566LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

not more than one million five hundred thousand bushels, the fee is one hundred ninety-one dollars. d. (4) If the total storage capacity is more than one million five hundred thousand bushels,

but not more than three million bushels, the fee is two hundred forty-nine dollars. e. (5) If the total storage capacity ismore than threemillion bushels, but notmore than four

million seven hundred fifty thousand bushels, the fee is three hundred seven dollars. f. (6) If the total storage capacity is more than four million seven hundred fifty thousand

bushels, but not more than nine million five hundred thousand bushels, the fee is three hun- dred seventy-four dollars. g. (7) If the total storage capacity is more than ninemillion five hundred thousand bushels,

the fee is four hundred forty dollars. 2. b. For the issuance or renewal of a warehouse license for the storage of products other

than bulk grain, the fee shall be determined as follows: a. (1) For intended storage of products of a value of one hundred thousand dollars or less,

a fee of sixty dollars. b. (2) For intended storage of products of a value greater than one hundred thousand dol-

lars but not greater than three hundred thousand dollars, a fee of one hundred dollars. c. (3) For intended storage of products of a value in excess of three hundred thousand dol-

lars, a fee of two hundred dollars. c. For each inspection of awarehouse or station for the purpose of licensing, a fee of twenty-

five dollars, and for each additional warehouse or station under the same license, a fee of ten dollars. 3. d. For each amendment of a license, a fee of ten dollars. 4. e. For each amendment of a tariff, a fee of ten dollars. 5. f. For a duplicate license, a fee of five dollars. 6. g. For the reinstatement of a license, a fee of fifty dollars. 2. New Fees for new licenses issued for less than a year shall be prorated from the date of

application.

Sec. 214. Section 216.19, Code 2009, is amended to read as follows: 216.19 LOCAL LAWS IMPLEMENTING THIS CHAPTER. 1. All cities shall, to the extent possible, protect the rights of the citizens of this state secured

by the Iowa civil rights Act. Nothing in this chapter shall be construed as indicating an any of the following: a. An intent on the part of the general assembly to occupy the field in which this chapter

operates to the exclusion of local laws not inconsistent with this chapter that deal with the same subject matter. b. Nothing in this chapter shall be construed as indicating anAn intent toprohibit an agency

or commission of local government having as its purpose the investigation and resolution of violations of this chapter from developing procedures and remedies necessary to insure the protection of rights secured by this chapter. All cities shall, to the extent possible, protect the rights of the citizens of this state secured by the Iowa civil rights Act. Nothing in this chapter shall be construed as limiting c. Limiting a city or local government from enacting any ordinance or other law which pro-

hibits broader or different categories of unfair or discriminatory practices. 2. An agency or commission of local government and the Iowa civil rights commission shall

cooperate in the sharing of data and research, and coordinating investigations and concilia- tions in order to expedite claims of unlawful discrimination and eliminate needless duplica- tion. A city with a population of twenty-nine thousand, or greater, shall maintain an indepen- dent local civil rights agency or commission consistent with commission rules adopted pursuant to chapter 17A. An agency or commission for which a staff is provided shall have control over such staff. A city required to maintain a local civil rights agency or commission shall structure and adequately fund the agency or commission in order to effect cooperative

567 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

undertakings with the Iowa civil rights commission and to aid in effectuating the purposes of this chapter. 3. An agency or commission of local government and the Iowa civil rights commission shall

cooperate in the sharing of data and research, and coordinating investigations and concilia- tions in order to expedite claims of unlawful discrimination and eliminate needless duplica- tion. The Iowa civil rights commission may enter into cooperative agreements with any local agency or commission to effectuate the purposes of this chapter. Such agreements may in- clude technical and clerical assistance and reimbursement of expenses incurred by the local agency or commission in the performance of the agency’s or commission’s duties if funds for this purpose are appropriated by the general assembly. 4. The Iowa civil rights commissionmaydesignate anunfunded local agency or commission

as a referral agency. A local agency or commission shall not be designated a referral agency unless the ordinance creating it provides the same rights and remedies as are provided in this chapter. The Iowa civil rights commission shall establish by rules the procedures for designat- ing a referral agency and the qualifications to be met by a referral agency. 5. The Iowa civil rights commissionmay adopt rules establishing theprocedures for referral

of complaints. A referral agency may refuse to accept a case referred to it by the Iowa civil rights commission if the referral agency is unable to effect proper administration of the com- plaint. It shall be the burden of the referral agency to demonstrate that it is unable to properly administer that complaint. 6. A complainant who files a complaint with a referral agency having jurisdiction shall be

prohibited from filing a complaint with the Iowa civil rights commission alleging violations based upon the same acts or practices cited in the original complaint; and a complainant who files a complaint with the commission shall be prohibited from filing a complaint with the re- ferral agency alleging violations based upon the same acts or practices cited in the original complaint. However, the Iowa civil rights commission in its discretion may refer a complaint filedwith the commission to a referral agencyhaving jurisdictionover theparties for investiga- tion and resolution; and a referral agency in its discretionmay refer a complaint filedwith that agency to the commission for investigation and resolution. The commission may adopt rules establishing the procedures for referral of complaints. A referral agencymay refuse to accept a case referred to it by the Iowa civil rights commission if the referral agency is unable to effect proper administration of the complaint. It shall be the burden of the referral agency to demon- strate that it is unable to properly administer that complaint. 7. A final decision by a referral agency shall be subject to judicial review as provided in sec-

tion216.17 in the samemanner and to the sameextent as a final decisionof the Iowa civil rights commission. 8. The referral of a complaint by the Iowa civil rights commission to a referral agency or by

a referral agency to the Iowa civil rights commission shall not affect the right of a complainant to commence an action in the district court under section 216.16.

Sec. 215. Section 222.31, Code 2009, is amended to read as follows: 222.31 COMMITMENT — LIABILITY FOR CHARGES. 1. If in the opinion of the court, or of a commission as authorized in section 222.28, the per-

son is mentally retarded within the meaning of this chapter and the court determines that it will be conducive to the welfare of that person and of the community to commit the person to a proper institution for treatment, training, instruction, care, habilitation, and support, and that services or support provided to the family of such a person who is a child will not enable the family to continue to care for the child in the child’s home, the court shall by proper order: 1. a. Commit the person to any public or private facility within or without the state, ap-

proved by the director of the department of human services. If the person has not been exam- ined by a commission as appointed in section 222.28, the court shall, prior to issuing an order of commitment, appoint such a commission to examine the person for the purpose of deter- mining themental condition of the person. No order of commitment shall be issued unless the

568LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

commission shall recommend that such order be issued and the private institution to which the person is to be committed shall advise the court that it is willing to receive the person. 2. b. (1) Commit the person to the state resource center designated by the administrator

to serve the county inwhich the hearing is beingheld, or to a special unit. The court shall, prior to issuing an order of commitment, request that a diagnostic evaluation of the person bemade by the superintendent of the resource center or the special unit, or the superintendent’s quali- fied designee. The evaluation shall be conducted at a place as the superintendent may direct. The cost of the evaluation shall be defrayed by the county of legal settlement unless otherwise ordered by the court. The costmay be equal to but shall not exceed the actual cost of the evalu- ation. Persons referred by a court to a resource center or the special unit for diagnostic evalua- tion shall be considered as outpatients of the institution. No order of commitment shall be is- sued unless the superintendent of the institution recommends that the order be issued, and advises the court that adequate facilities for the care of the person are available. (2) The court shall examine the report of the county attorney filed pursuant to section

222.13, and if the report shows that neither the personnor those liable for the person’s support under section 222.78 are presently able to pay the charges rising out of the person’s care in the a resource center, or special treatment unit, shall enter an order stating that finding anddirect- ing that the charges be paid by the person’s county of residence. The court may, upon request of the board of supervisors, review its finding at any subsequent timewhile the person remains at the resource center, or is otherwise receiving care or treatment for which this chapter obli- gates the county topay. If the court findsupon review that thepersonor those legally responsi- ble for the person are presently able to pay the expenses, that finding shall apply only to the charges incurred during the period beginning on the date of the board’s request for the review and continuing thereafter, unless and until the court again changes its finding. If the court finds that the person, or those liable for the person’s support, are able to pay the charges, the court shall enter anorder directing that the charges be sopaid to the extent required by section 222.78. 3. 2. In its order, the court shall include a finding as to whether the person has sufficient

mental capacity to comprehend and exercise the right to vote.

Sec. 216. Section 222.36, Code 2009, is amended to read as follows: 222.36 CUSTODY PENDING ADMISSION. If a resource center or a special unit is unable to immediately receive a person committed

under section 222.31, subsection 2 1, paragraph “b”, the superintendent shall notify the court of the time when such person may be received. In the meantime, said person shall be cared for under such order as the court may enter.

Sec. 217. Section 222.59, subsection 3, paragraph b, Code 2009, is amended to read as fol- lows: b. That the patient’s commitment is still appropriate but the patient should be transferred

to another public or private facility in accordancewith theprovisions of section222.31, subsec- tion 1, paragraph “a”.

Sec. 218. Section 231.32, subsection 2, Code 2009, is amended to read as follows: 2. The commission shall designate an area agency to serve each planning and service area,

after consideration of the views offered by units of general purpose local government. An area agency may be: a. An established office of aging which is operating within a planning and service area des-

ignated by the commission. b. Any office or agency of a unit of general purpose local government, which is designated

for the purpose of serving as an area agency by the chief elected official of such unit. c. Any office or agency designated by the appropriate chief elected officials of any combina-

tion of units of general purpose local government to act on behalf of the combination for such purpose.

569 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

d. Any public or nonprofit private agency in a planning and service area or any separate or- ganizational unit within such agency which is under the supervision or direction for this pur- pose of the department of elder affairs and which can engage in the planning or provision of a broad range of supportive services or nutrition serviceswithin the planning and service area. Each area agency shall provide assurance, determined adequate by the commission, that the

area agency has the ability to develop an area plan and to carry out, directly or through con- tractual or other arrangements, aprogram inaccordancewith theplanwithin theplanningand service area. In designating an area agency on agingwithin the planning and service area, the commission shall give preference to an established office of aging, unless the commission finds that no such office within the planning and service area has the capacity to carry out the area plan.

Sec. 219. Section 231.32, Code 2009, is amended by adding the following new subsection: NEW SUBSECTION. 4. Each area agency shall provide assurance, determined adequate

by the commission, that the area agency has the ability to develop an area plan and to carry out, directly or through contractual or other arrangements, a program in accordance with the plan within the planning and service area. In designating an area agency on aging within the planning and service area, the commission shall give preference to an established office of ag- ing, unless the commission finds that no such office within the planning and service area has the capacity to carry out the area plan.

Sec. 220. Section232.52, subsection2, paragraphs a and c,Code2009, areamended to read as follows: a. An order prescribing one or more of the following: (1) A work assignment of value to the state or to the public. (2) Restitution consisting ofmonetary payment or awork assignment of value to the victim. (3) If the child is fourteen years of age or older, restitution consisting of monetary payment

or a work assignment of value to the county or to the public for fees of attorneys appointed to represent the child at public expense pursuant to section 232.11. (4) The suspension or revocation of the driver’s license or operating privilege of the child,

for a period of one year, for the commission of delinquent acts which are a violation of any of the following: (a) Section 123.46. (b) Section 123.47 regarding the purchase or attempt to purchase of alcoholic beverages. (c) Chapter 124. (d) Section 126.3. (e) Chapter 453B. (f) Two or more violations of section 123.47 regarding the possession of alcoholic bever-

ages. (g) Section 708.1, if the assault is committed upon an employee of the school at which the

child is enrolled, and the child intended to inflict serious injury upon the school employee or caused bodily injury or mental illness. (h) Section 724.4, if the child carried the dangerous weapon on school grounds. (i) Section 724.4B. The child may be issued a temporary restricted license or school license if the child is other-

wise eligible. (5) The suspension of the driver’s license or operating privilege of the child for a period not

to exceed one year. The order shall state whether a work permit may or shall not be issued to the child. An order under paragraph “a”may be the sole disposition or may be included as an element

in other dispositional orders. c. An order providing special care and treatment required for the physical, emotional or

mental health of the child, and (1) Placing the child on probation or other supervision; and

570LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

(2) If the court deems appropriate, ordering the parent, guardian, or custodian to reimburse the county for any costs incurred as provided in section 232.141, subsection 1, or to otherwise pay or provide for such care and treatment. A parent or guardian may be required by the juvenile court to participate in educational or

treatment programs as part of a probation plan if the court determines it to be in the best in- terest of the child. A parent or guardian who does not participate in the probation plan when required to do so by the court may be held in contempt.

Sec. 221. Section 232.52, subsection 2A, Code 2009, is amended to read as follows: 2A. a. An order under subsection 2, paragraph “a”, may be the sole disposition or may be

included as an element in other dispositional orders. b. A parent or guardian may be required by the juvenile court to participate in educational

or treatment programs as part of a probation plan. A parent or guardian who does not partici- pate in the probation plan when required to do so by the court may be held in contempt. c. Notwithstanding subsection 2, the court shall not order group foster care placement of

the childwhich is a chargeupon the state if that placement is not in accordancewith 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.

Sec. 222. Section 236.5, Code 2009, is amended to read as follows: 236.5 DISPOSITION. 1. Upon a finding that the defendant has engaged in domestic abuse: 1. a. The court may order that the plaintiff, the defendant, and the children who are mem-

bers of the household receive professional counseling, either from a private source approved by the court or from a source appointed by the court. Costs of counseling shall be paid in full or in part by the parties and taxed as court costs. If the court determines that the parties are unable to pay the costs, they may be paid in full or in part from the county treasury. 2. b. The court may grant a protective order or approve a consent agreement which may

contain but is not limited to any of the following provisions: a. (1) That the defendant cease domestic abuse of the plaintiff. b. (2) That the defendant grant possession of the residence to the plaintiff to the exclusion

of the defendant or that the defendant provide suitable alternate housing for the plaintiff. c. (3) That the defendant stay away from the plaintiff’s residence, school, or place of em-

ployment. d. (4) The awarding of temporary custody of or establishing temporary visitation rights

with regard to children under eighteen. (a) In awarding temporary custody or temporary visitation rights, the court shall give pri-

mary consideration to the safety of the victim and the children. (b) If the court finds that the safety of the victim or the childrenwill be jeopardized by unsu-

pervised or unrestricted visitation, the court shall condition or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of the victim and the children. (c) The court shall also investigate whether any other existing orders awarding custody or

visitation rights should be modified. e. (5) Unless prohibited pursuant to 28 U.S.C. § 1738B, that the defendant pay the clerk a

sum of money for the separate support and maintenance of the plaintiff and children under eighteen. 2. An order for counseling, a protective order, or approved consent agreement shall be for

a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by either party and after notice and hear- ing. The court may extend the order if the court, after hearing at which the defendant has the opportunity to be heard, finds that the defendant continues to pose a threat to the safety of the victim, persons residing with the victim, or members of the victim’s immediate family. At the time of the extension, the parties need not meet the requirement in section 236.2, subsection

571 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

2, paragraph “d”, that the parties lived together during the last year if the parties met the re- quirements of section 236.2, subsection 2, paragraph “d”, at the time of the original order. The number of extensions that can be granted by the court is not limited. 3. The order shall state whether a person is to be taken into custody by a peace officer for

a violation of the terms stated in the order. 3. 4. The court may order that the defendant pay the plaintiff’s attorneys fees and court

costs. 4. 5. An order or consent agreement under this section shall not affect title to real property. 5. 6. A copy of any order or approved consent agreement shall be issued to the plaintiff, the

defendant, the county sheriff of the county in which the order or consent decree is initially en- tered, and the twenty-four-hourdispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement shall be forwarded by the clerk to all individu- als and the county sheriff previously notified. 7. The clerk shall notify the county sheriff and the twenty-four-hour dispatcher for the coun-

ty sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive writ- ten notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The clerk may fulfill this requirement by sending the notice by facsimile or other electronic transmission which reproduces the notice in writing within six hours of filing the order. 8. The county sheriff’s dispatcher shall notify all law enforcement agencies having jurisdic-

tion over the matter and the twenty-four-hour dispatcher for the law enforcement agencies upon notification by the clerk.

Sec. 223. Section 252B.5, subsection 12, paragraphs a and b, Code 2009, are amended to read as follows: a. Comply In compliance with federal procedures, to periodically certify to the secretary of

the United States department of health and human services, a list of the names of obligors de- termined by the unit to owe delinquent support, under a support order as defined in section 252J.1, in excess of two thousand five hundred dollars. The certification of the delinquent amount owedmay be based upon one or more support orders being enforced by the unit if the delinquent support owed exceeds two thousand five hundred dollars. The certification shall include anyamountswhich are delinquent pursuant to the periodic payment planwhenamod- ified order has been retroactively applied. The certification shall be in a format and shall in- clude any supporting documentation required by the secretary. b. All of the following shall apply to an action initiated by the unit under this subsection: (1) The obligor shall be sent a notice by regularmail in accordancewith federal law and reg-

ulations and thenotice shall remain in effect until support delinquencies have beenpaid in full. (2) The notice shall include all of the following: (a) A statement regarding the amount of delinquent support owed by the obligor. (b) A statement providing information that if the delinquency is in excess of two thousand

five hundred dollars, the United States secretary of state may apply a passport sanction by re- voking, restricting, limiting, or refusing to issue a passport as provided in 42 U.S.C. § 652(k). (c) Information regarding the procedures for challenging the certification by the unit. (3) (a) If the obligor chooses to challenge the certification, the obligor shall notify the unit

within the time period specified in the notice to the obligor. The obligor shall include any rele- vant information with the challenge. (2) (a) (b) A challenge shall be baseduponmistake of fact. For the purposes of this subsec-

tion, “mistake of fact”means amistake in the identity of the obligor or amistake in the amount of the delinquent child support owed if the amount did not exceed two thousand five hundred dollars on the date of the unit’s decision on the challenge. If the obligor chooses to challenge the certification, the obligor shall notify the unit within

the time period specified in the notice to the obligor. The obligor shall include any relevant information with the challenge. (b) (4) Upon timely receipt of the challenge, the unit shall review the certification for amis-

572LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

take of fact, or refer the challenge for review to the child support agency in the state chosen by the obligor as provided by federal law. (c) (5) Following the unit’s review of the certification, the unit shall send awritten decision

to the obligor within ten days of timely receipt of the challenge. (i) (a) If the unit determines that a mistake of fact exists, the unit shall send notification in

accordance with federal procedures withdrawing the certification for passport sanction. (ii) (b) If the unit determines that a mistake of fact does not exist, the obligor may contest

the determination within ten days following the issuance of the decision by submitting a writ- ten request for a contested case proceeding pursuant to chapter 17A. (3) (6) Following issuance of a final decision under chapter 17A that no mistake of fact ex-

ists, the obligor may request a hearing before the district court pursuant to chapter 17A. The department shall transmit a copy of its record to the district court pursuant to chapter 17A. The scope of the review by the district court shall be limited to demonstration of a mistake of fact. Issues related to visitation, custody, or other provisions not related to the support provi- sions of a support order are not grounds for a hearing under this subsection.

Sec. 224. Section 256B.2, Code 2009, is amended to read as follows: 256B.2 DEFINITIONS — POLICIES — FUNDS. 1. As used in this chapter: a. “Children requiring special education”means persons under twenty-one years of age, in-

cluding children under five years of age, who have a disability in obtaining an education be- cause of a head injury, autism, behavioral disorder, or physical, mental, communication, or learning disability, as defined by the rules of the department of education. 2. b. “Special education” means classroom, home, hospital, institutional, or other instruc-

tion designed to meet the needs of children requiring special education as defined in this sub- section 1; transportation and corrective and supporting services required to assist children re- quiring special education, as defined in this subsection 1, in taking advantage of, or responding to, educational programs and opportunities, as defined by rules of the state board of education. 3. 2. It is the policy of this state to require school districts and state operated educational

programs to provide or make provision, as an integral part of public education, for a free and appropriate public education sufficient tomeet the needs of all children requiring special edu- cation. This chapter is not to be construed as encouraging separate facilities or segregated programs designed to meet the needs of children requiring special education when the chil- dren can benefit from all or part of the education program as offered by the local school dis- trict. To themaximumextent possible, children requiring special education shall attend regu- lar classes and shall be educated with children who do not require special education. Whenever possible, hindrances to learningand to thenormal functioningof children requiring special education within the regular school environment shall be overcome by the provision of special aids and services rather than by separate programs for those in need of special edu- cation. Special classes, separate schooling, or other removal of children requiring special edu- cation from the regular educational environment, shall occur onlywhen, and to the extent that the nature or severity of the educational disability is such, that education in regular classes, even with the use of supplementary aids and services, cannot be accomplished satisfactorily. For those childrenwho cannot adapt to the regular educational or home living conditions, and who are attending facilities under chapters 263, 269, and 270, upon the request of the board of directors of an area education agency, the department of human services shall provide resi- dential or detention facilities and the area education agency shall provide special education programs and services. The area education agencies shall cooperatewith the board of regents to provide the services required by this chapter. 3. Special aids and services shall be provided to children requiring special education who

are less than five years of age if the aids and services will reasonably permit the child to enter the educational process or school environment when the child attains school age. 4. Every child requiring special education shall, if reasonably possible, receive a level of ed-

573 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

ucation commensurate with the level provided each child who does not require special educa- tion. The cost of providing such an education shall be paid as provided in section 273.9, this chapter, and chapter 257. It shall be the primary responsibility of each school district to pro- vide special education to children who reside in that district if the children requiring special education are properly identified, the educational program or service has been approved, the teacher or instructor has been licensed, the number of children requiring special education needing that educational program or service is sufficient tomake offering the program or ser- vice feasible, and the program or service cannot more economically and equably be obtained from the area education agency, another school district, another group of school districts, a qualified private agency, or in cooperation with one or more other districts. 4. 5. Moneys received by the school district of the child’s residence for the child’s educa-

tion, derived frommoneys received through chapter 257, this chapter, and section 273.9 shall be paid by the school district of the child’s residence to the appropriate education agency, pri- vate agency, or other school district providing special education for the child pursuant to con- tractual arrangements as provided in section 273.3, subsections 5 and 7 6.

Sec. 225. Section 321A.39, Code 2009, is amended to read as follows: 321A.39 LIABILITY INSURANCE — STATEMENT. 1. Whenever any dealer licensed under chapter 322 sells a motor vehicle at retail and the

transaction does not include the sale of liability insurance coveragewhichwill protect the pur- chaser under the Iowamotor vehicle financial and safety responsibility Act the purchase order or invoice evidencing the transaction shall contain a statement in the following form: I understand that liability insurance coveragewhichwould protectmeunder the IowaMotor

Vehicle Financial and Safety Responsibility Act IS NOT INCLUDED in my purchase of the herein described motor vehicle. I have received a copy of this statement.

. . . . . . . . . . . . . . . . . . . . . . . . . . (Purchaser’s signature)

2. The seller shall print or stamp the statement conspicuously on the purchase order or in- voice. The statement shall be signed by the purchaser in the space provided on or before the date of delivery of the motor vehicle described in the purchase order or invoice and a copy of the statement shall be given to the purchaser by the seller. 3. No civil liability shall arise on account of the failure of any person to complywith the pro-

visions of this section. 4. Any person violating any provisions of this section shall be deemed guilty of a misde-

meanor and shall be punished by a fine not exceeding fifty dollars.

Sec. 226. Section 805.8A, subsection 12, paragraph e, Code 2009, is amended to read as fol- lows: e. (1) Violations of the schedule of axle and tandem axle and gross or group of axle weight

violations in section 321.463 shall be scheduled violations subject to the provisions, proce- dures, and exceptions contained in sections 805.6 through 805.11, irrespective of the amount of the fine under that schedule. (a) Violations of the schedule of weight violations shall be chargeable, where the fine

charged does not exceed one thousand dollars, only by uniform citation and complaint. (b) Violations of the schedule of weight violations, where the fine charged exceeds one

thousand dollars shall, when the violation is admitted and section 805.9 applies, be chargeable upon uniform citation and complaint, indictment, or county attorney’s information, but other- wise shall be chargeable only upon indictment or county attorney’s information. (2) In all cases of charges under the schedule of weight violations, the charge shall specify

the amount of fine charged under the schedule. Where a defendant is convicted and the fine under the foregoing schedule of weight violations exceeds one thousand dollars, the convic- tion shall be of an indictable offense although section 805.9 is employed andwhether the viola- tion is charged upon uniform citation and complaint, indictment, or county attorney’s infor- mation.

574LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

DIVISION III RELATED CHANGES

Sec. 227. Section 96.3, subsection 4, Code 2009, is amended to read as follows: 4. DETERMINATION OF BENEFITS. With respect to benefit years beginning on or after

July 1, 1983, an eligible individual’s weekly benefit amount for a week of total unemployment shall be an amount equal to the following fractions of the individual’s total wages in insured work paid during that quarter of the individual’s base period in which such total wages were highest; the director shall determine annually amaximumweekly benefit amount equal to the following percentages, to varywith the number of dependents, of the statewide averageweek- ly wage paid to employees in insured work which shall be effective the first day of the first full week in July:

If the The weekly Subject to number of benefit amount the following dependents shall equal maximum is: the following percentage of

fraction of high the statewide quarter wages: average

weekly wage: 0 1/23 53% 1 1/22 55% 2 1/21 57% 3 1/20 60% 4 or more 1/19 65%

The maximum weekly benefit amount, if not a multiple of one dollar shall be rounded to the lower multiple of one dollar. However, until such time as sixty-five percent of the statewide average weekly wage exceeds one hundred ninety dollars, the maximum weekly benefit amounts shall be determined using the statewide averageweekly wage computed on the basis of wages reported for calendar year 1981. As used in this section “dependent” means depen- dent as defined in section 422.12, subsection 1, paragraph “c”“a”, as if the individual claimant was a taxpayer, except that an individual claimant’s nonworking spouse shall be deemed to be a dependent under this section. “Nonworking spouse” means a spouse who does not earn more than one hundred twenty dollars in gross wages in one week.

Sec. 228. Section 147.1, subsection 5, paragraph e, Code 2009, is amended to read as fol- lows: e. The board of trustees of a licensed hospital when performing a function relating to the

reporting required by section 147.135, subsection 3 4.

Sec. 229. Section 203D.5, subsection 1, Code 2009, is amended to read as follows: 1. The board shall review annually the debits of and credits to the grain depositors and sell-

ers indemnity fund created in section203D.3 and shallmakeanyadjustments in theper-bushel fee required under section 203D.3, subsection 2, and the dealer-warehouse fee required under section 203D.3, subsection 3, that are necessary to maintain the fund within the limits estab- lished under this section. Not later than the first day ofMay of each year, the board shall deter- mine the proposed amount of the per-bushel fee based on the expected volume of grain on which the fee is to be collected and that is likely to be handled under this chapter, and shall also determine any adjustment to the dealer-warehouse fee. The board shallmake any chang- es in the previous year’s fees in accordance with chapter 17A. Changes in the fees shall be- come effective on the following first day of July. The per-bushel fee shall not exceed one-quar- ter cent per bushel on all purchased grain as defined in section 203D.3 203D.1. Until the per-bushel fee is adjusted orwaived as provided in this section, the per-bushel fee is one-quar- ter cent on all purchased grain.

575 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

Sec. 230. Section 216B.3, subsection 15, Code 2009, is amended to read as follows: 15. Develop a plan to provide telephone yellow pages information without charge to per-

sons declared to be blind under the standards in section 422.12, subsection 1 2, paragraph “e” “a”, subparagraph (5). Thedepartmentmayapply for federal funds to support the service. The program shall be limited in scope by the availability of funds.

Sec. 231. Section 236.6, subsection 1, Code 2009, is amended to read as follows: 1. When the court is unavailable from the close of business at the end of the day or week to

the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 236.5, subsection 2 1, paragraph “b”, if the district judge or district associate judge deems it necessary to protect the plaintiff from domestic abuse, upon good cause shown in an ex parte proceeding. Present danger of domestic abuse to the plaintiff constitutes good cause for purposes of this subsection.

Sec. 232. Section237.3, subsection2, paragraphg, subparagraph (5), Code2009, is amend- ed to read as follows: (5) Educational programs, including special education as defined in section 256B.2, subsec-

tion21,paragraph “b”,whereappropriate,whichareapprovedby the stateboardof education. The department shall not promulgate rules which regulate individual licensees in the subject areas enumerated in this paragraph.

Sec. 233. Section 238.17, Code 2009, is amended to read as follows: 238.17 FORMS FOR REGISTRATION AND RECORD — PRESERVATION. 1. The administrator shall prescribe forms for the registration and record of persons cared

for by any child-placing agency licensed under this chapter and for reports required by said administrator from the agencies. 2. If, for any reason, a child-placing agency as defined by section 238.2 238.1 shall cease to

exist, all records of registration and placement and all other records of any kind and character kept by such child-placing agency shall be turned over to the administrator, for preservation, to be kept by the said administrator as a permanent record.

Sec. 234. Section 256F.9, Code 2009, is amended to read as follows: 256F.9 PROCEDURES AFTER REVOCATION — STUDENT ENROLLMENT. If a charter school contract is revoked in accordancewith this chapter, a nonresident student

who attended the school, and any siblings of the student, shall be determined to have shown good cause as provided in section 282.18, subsection 16 14, and may submit an application to another school district according to section 282.18 at any time. Applications and notices re- quired by section 282.18 shall be processed and provided in a promptmanner. The application and notice deadlines in section 282.18 do not apply to a nonresident student application under these circumstances.

Sec. 235. Section 306C.10, subsection 9, Code 2009, is amended to read as follows: 9. “Information center” means a site, either with or without structures or buildings, estab-

lished and maintained at a rest area for the purpose of providing “information of specific in- terest to the traveling public”, as that phrase is defined in section 306C.11, subsection 5 306C.10.

Sec. 236. Section 313.4, subsection 6, paragraph a, Code 2009, is amended to read as fol- lows: a. A transfer of jurisdiction fund is created in the office of the treasurer of state under the

control of thedepartment. For each fiscal year in theperiod beginning July 1, 2003, and ending June 30, 2013, there is transferred from the primary road fund to the transfer of jurisdiction

576LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

fund one and seventy-five hundredths percent of themoneys credited to the primary road fund pursuant to section 312.2, subsection 1, paragraph “a”.

Sec. 237. Section 313.4, subsection 7, unnumbered paragraph 1, Code 2009, is amended to read as follows: For the fiscal year beginning July 1, 2013, and ending June 30, 2014, and each subsequent

fiscal year, there is transferred the following percentages of themoneys credited to the prima- ry road fund pursuant to section 312.2, subsection 1, paragraph “a”, to the following funds:

Sec. 238. Section 314.21, subsection 1, Code 2009, is amended to read as follows: 1. a. The living roadway trust fund is created in the office of the treasurer of state. Themon-

eys in this fund shall be used exclusively for the development and implementation of inte- grated roadside vegetation plans. Except as provided in subsections 2 and 3, themoneys shall only be expended for areas onor adjacent to road, street, andhighway right-of-ways. The state department of transportation in consultation with the department of natural resources shall establish standards relating to the type of projects available for assistance. For the fiscal peri- od beginning July 1, 1988, and endingMarch 31, 1990, themoneys in the fund shall be expend- ed as follows: fifty-six percent on state department of transportation projects; thirty percent on county projects; and fourteen percent on city projects. b. A city or countywhich has a projectwhich qualifies for the use of these funds shall submit

a request for the funds to the state department of transportation. A city or county may, at its option, applymoneys allocated for use on city or county projects under this subsection toward qualifyingprojects on theprimary system. The state department of transportation in consulta- tion with the department of natural resources shall determine which projects qualify for the funds and which projects shall be funded if the requests for the funds exceed the availability of the funds. In ranking applications for funds, the department shall consider the proportion of political subdivision matching funds to be provided, if any, and the proportion of private contributions to be provided, if any. In considering the proportion of political subdivision matching funds provided, the department shall consider only thosemoneyswhich are in addi- tion to those which the political subdivision has historically provided toward such projects. Funds allocated to the cities, the counties, and the department which are not programmed by the end of each fiscal year shall be available for redistribution to any eligible applicant regard- less of the original allocation of funds. Such funds shall be awarded for eligible projects based upon their merit in meeting the program objectives established by the department under sec- tion 314.22. The department shall submit a report of all projects funded in the previous fiscal year to the governor and to the general assembly on January 15 of each year. c. Beginning April 1, 1990, the moneys in the living roadway trust fund shall be allocated

between the state, counties, and cities in the same proportion that the road use tax funds are allocated under section 312.2, subsections subsection 1, 2, 3, and 4 paragraphs “a”, “b”, “c”, and “d”. However, after April 1, 1990, a city or county shall not be eligible to receive moneys from the living roadway trust fund unless the city or county has an integrated roadside vegeta- tion management plan in place consistent with the objectives in section 314.22.

Sec. 239. Section 321.233, Code 2009, is amended to read as follows: 321.233 ROAD WORKERS EXEMPTED. This chapter, except sections321.277and321.280, doesnot apply topersonsandmotor vehi-

cles and other equipment while actually engaged in work upon the surface of a highway offi- cially closed to traffic but does apply to such persons and vehicles when traveling to or from such work. The minimum speed restriction of section 321.285, subsection 6 5, and the provi- sions of sections 321.297, 321.298, and 321.323 donot apply to roadworkers operatingmainte- nance equipment on behalf of any state or local authority while engaged in roadmaintenance, road blading, snow and ice control and removal, and granular resurfacingwork on a highway, whether or not the highway is closed to traffic.

577 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 133

Sec. 240. Section 327G.30, Code 2009, is amended to read as follows: 327G.30 ADJUSTMENT OF EXPENSE. 1. If a grade crossing surface of a railroad track and a highway, street, or alley shall require

repairs or maintenance, the costs for the maintenance may be paid as provided in section 312.2, subsection 5 2. 2. If the railroad corporation and the jurisdiction having authority agree on the method of

crossingmaintenance and establish an agreement to each contribute costs as provided in sec- tion 312.2, subsection 5 2, a copy of the agreement shall be filed with the department which shall allocate an amount of the cost for the work if funds are available in the highway railroad grade crossing surface repair fund. The department shall make appropriate notification if the fund is exhausted in which case agreements shall not be made under this section until addi- tional funds are available. The fund shall be administered by the department. 3. Upon completion of the agreed repair work, a statement of costs shall be filed with the

department by the railroad corporation in a form and manner prescribed by the department. The department, upon approval of the statement, shall pay to the railroad corporation an amount of the cost of the work from the highway railroad grade crossing surface repair fund as provided in section 312.2, subsection 5 2. The owner of the track and the jurisdiction enter- ing into the agreement shall each pay the cost as provided in section 312.2, subsection 5 2.

Sec. 241. Section 331.362, subsection 9, Code 2009, is amended to read as follows: 9. A county may regulate traffic on and use of the secondary roads, in accordance with sec-

tions 321.236 to 321.250, 321.254, 321.255, 321.285, subsection 5 4, sections 321.352, 321.471 to 321.473, and other applicable provisions of chapter 321, and sections 321G.9, 321I.10, and 327G.15.

Sec. 242. Section 422.8, subsection 4, Code 2009, is amended to read as follows: 4. The amount ofminimum taxpaid to another state or foreign country by a resident taxpay-

er of this state from preference items derived from sources outside of Iowa shall be allowed as a credit against the tax computed under this division except that the credit shall not exceed what the amount of state alternative minimum tax would have been on the same preference itemswhichwere taxedby the other state or foreign country. The limitation on this credit shall be computed according to the following formula: The total of preference items earned out- sideof Iowaand taxedbyanother stateor foreigncountry shall bedividedby the total of prefer- ence items of the resident taxpayer of Iowa. In computing this quotient, those items exclud- able under section 422.5, subsection 1 2, paragraph “k” “b”, subparagraph (1) shall not be used in computing the preference items. This quotient multiplied times the net state alternative minimum tax as determined in section 422.5, subsection 1 2, paragraph “k” on the total of pref- erence items as if entirely earned in Iowa shall be the maximum tax credit against the Iowa alternative minimum tax. However, the maximum tax credit will not be allowed to the extent that the minimum tax imposed by the other state or foreign country is less than themaximum tax credit computed above.

Sec. 243. Section 422.11B, Code 2009, is amended to read as follows: 422.11B MINIMUM TAX CREDIT. 1. a. There is allowed as a credit against the tax determined in section 422.5, subsection 1,

paragraphs “a” through “j” for a tax year an amount equal to the minimum tax credit for that tax year. b. The minimum tax credit for a tax year is the excess, if any, of the net minimum tax im-

posed for all prior tax years beginning on or after January 1, 1987, over the amount allowable as a credit under this section for those prior tax years. 2. a. The allowable credit under subsection 1 for a tax year shall not exceed the excess, if

any, of the tax determined in section 422.5, subsection 1, paragraphs “a” through “j” over the state alternative minimum tax as determined in section 422.5, subsection 1, paragraph “k” 2.

578LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 133

b. The net minimum tax for a tax year is the excess, if any, of the tax determined in section 422.5, subsection 1 2, paragraph “k” for the tax year over the tax determined in section 422.5, subsection 1, paragraphs “a” through “j” for the tax year.

Sec. 244. Section 422.13, subsection 1, paragraph c, Code 2009, is amended to read as fol- lows: c. However, if that part of the net income of a nonresident which is allocated to Iowa pursu-

ant to section 422.8, subsection 2, is less than one thousand dollars the nonresident is not re- quired tomake and sign a return exceptwhen thenonresident is subject to the state alternative minimum tax imposed pursuant to section 422.5, subsection 1, paragraph “k” 2.

Sec. 245. Section 422.13, subsection 1A, Code 2009, is amended to read as follows: 1A. Notwithstanding any other provision in this section, a resident of this state is not re-

quired tomake and file a return if the person’s net income is equal to or less than the appropri- ate dollar amount listed in section 422.5, subsection 2 3, uponwhich tax is not imposed. Anon- resident of this state is not required to make and file a return if the person’s total net income in section 422.5, subsection 1, paragraph “j”, is equal to or less than the appropriate dollar amount provided in section 422.5, subsection 2 3, uponwhich tax is not imposed. For purposes of this subsection, the amount of a lump sum distribution subject to separate federal tax shall be included in net income for purposes of determining if a resident is required to file a return and the portion of the lump sum distribution that is allocable to Iowa is included in total net income for purposes of determining if a nonresident is required to make and file a return.

Sec. 246. Section 437A.14, subsection 4, Code 2009, is amended to read as follows: 4. a. Notwithstanding subsections 2 and 3, the chief financial officer of any local taxing au-

thority and any designee of such officer shall have access to any computations made by the director pursuant to the provisions of this chapter, and any tax return or other information used by the director in making such computations, which affect the replacement tax owed by any such taxpayer. b. Notwithstanding this section, providing information relating to the kilowatt-hours of

electricity or therms of natural gas delivered by a taxpayer in a competitive service area to the task force established in section 437A.15, subsection 7, or to the study committee established in section 476.6, subsection 20, is not a violation of this section.

Sec. 247. Section 455B.178, Code 2009, is amended to read as follows: 455B.178 JUDICIAL REVIEW. Except as provided in section 455B.191, subsection 6 5, judicial review of any order or other

action of the commission or of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of said Act, peti- tions for judicial review may be filed in the district court of the county in which the alleged offense was committed or such final order was entered.

Sec. 248. Section 600A.2, subsection 2, Code 2009, is amended to read as follows: 2. “Agency” means a child-placing agency as defined in section 238.2 238.1 or the depart-

ment.

Sec. 249. Section 600A.6B, subsections 1 and 2,Code 2009, are amended to read as follows: 1. A person filing a petition for termination of parental rights under this chapter or the per-

son on whose behalf the petition is filed shall be responsible for the payment of reasonable attorney fees for counsel appointed pursuant to section 600A.6A unless the person filing the petition is a private child-placing agency as defined in section 238.2 238.1 or unless the court determines that the person filing the petition or the person onwhose behalf the petition is filed is indigent. 2. If theperson filing thepetition is a private child-placing agency as defined in section238.2

238.1 or if the person filing the petition or the person on whose behalf the petition is filed is

579 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 134

indigent, the appointed attorney shall be paid reasonable attorney fees as determined by the state public defender.

DIVISION IV EFFECTIVE DATES

Sec. 250. EFFECTIVE DATES. 1. The section of this Act that amends section 294A.9, subsection 9, Code 2009, being

deemed of immediate importance, takes effect upon enactment. 2. The section of this Act that amends 2008 Iowa Acts, chapter 1191, section 109, being

deemed of immediate importance, takes effect upon enactment and applies retroactively to July 1, 2008.

Approved May 22, 2009

_________________________

CH. 134CH. 134

CHAPTER 134 ENERGY EFFICIENCY PROJECTS

S.F. 452

ANACT directing the office of energy independence to establish a community grant program for energy efficiency projects, and allocating appropriated amounts for purposes of fund- ing the program.

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

Section 1. Section 469.10, Code 2009, is amended by adding the following new subsection: NEW SUBSECTION. 4A. Of the moneys appropriated to the office and deposited in the

fund, notwithstanding section 469.9, subsection 4, the board shall utilize four percent of the amount appropriated for each fiscal year for purposes of awardinggrants for energy efficiency projects pursuant to the community grant program established in section 469.11. Of themon- eys allocated pursuant to this section for each fiscal year, the officemay utilize up to fifty thou- sand dollars for administrative costs. Moneys allocated to the program which remain un- awarded or unencumbered at the close of the fiscal year shall revert to the fund.

Sec. 2. NEW SECTION. 469.11 ENERGY EFFICIENCY PROJECTS — COMMUNITY GRANT PROGRAM. 1. The office shall establish a community grant programwith the objective of assisting com-

munities and organizations to implement projects intended to reduce energy consumption and make communities in this state more sustainable and energy efficient. 2. a. Eligible applicants for the program shall include cities, counties, nonprofit organiza-

tions, organizations involved with energy efficiency or conservation efforts, and environmen- tal organizations or groups. b. Eligibility and approval criteria shall be established by the office by rule, and shall incor-

porate the criteria established in section473.41, subsection1, paragraphs “a” through “d”,with regard to the energy city designation program. c. Projects shall encourage partnerships between public and private sector groups, and de-

velop collaboration and community involvement in energy efficiency efforts. Eligible projects may include but are not limited to the following: