Senate File 2351 - Introduced
SENATE FILE 2351
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 3149)
(COMPANION TO HF 2462 BY
COMMITTEE ON JUDICIARY)
A BILL FOR
1 An Act relating to statutory corrections which may adjust
2 language to reflect current practices, insert earlier
3 omissions, delete redundancies and inaccuracies, resolve
4 inconsistencies and conflicts, remove ambiguities, and
5 provide for Code editor directives.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 8A.203, subsection 4, Code 2024, is
2 amended to read as follows:
3 4. Advise The commission shall advise the department and the
4 state librarian concerning the library services duties of the
5 department.
6 Sec. 2. Section 8A.232, Code 2024, is amended to read as
7 follows:
8 8A.232 Administrator.
9 The state librarian shall be the compact administrator. The
10 compact administrator shall receive copies of all agreements
11 entered into by the state or its political subdivisions
12 and other states or political subdivisions; consult with,
13 advise, and aid such governmental units in the formulation of
14 such agreements; make such recommendations to the governor,
15 legislature, and governmental agencies and units as the
16 administrator deems desirable to effectuate the purposes of
17 this compact; and consult and cooperate with the compact
18 administrators of other party states.
19 Sec. 3. Section 8A.311B, subsection 6, paragraph h, Code
20 2024, is amended to read as follows:
21 h. The director shall require a contractor or subcontractor
22 to file, within ten days of receipt of a request, any
23 records enumerated in subsection 7. If the contractor or
24 subcontractor fails to provide the requested records within
25 ten days, the director may direct, within fifteen days after
26 the end of the ten-day period, the fiscal or financial office
27 charged with the custody and disbursement of funds of the
28 public body that contracted for construction of the public
29 improvement or undertook the public improvement, to immediately
30 withhold from payment to the contractor or subcontractor
31 up to twenty-five percent of the amount to be paid to the
32 contractor or subcontractor under the terms of the contract
33 or written instrument under which the public improvement is
34 being performed. The amount withheld shall be immediately
35 released upon receipt by the public body of a notice from the
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1 commissioner director indicating that the request for records
2 as required by this section has been satisfied.
3 Sec. 4. Section 9C.3, subsections 2, 3, and 4, Code 2024,
4 are amended to read as follows:
5 2. If the application be is made by an agent, bailee,
6 consignee, or employee, the application shall so state and set
7 out the name and address of such agent, bailee, consignee, or
8 employee, and shall also set out the name and address of the
9 owner of the tangible personal property to be sold or offered
10 for sale.
11 3. The application shall state whether Whether or not the
12 applicant has an Iowa retailers sales or use tax permit and, if
13 the applicant has such permit, shall state the number of such
14 permit.
15 4. If the applicant be is a corporation, the application
16 shall state whether or not the applicant is an Iowa corporation
17 or a foreign corporation, and, if a foreign corporation, shall
18 state whether or not such corporation is authorized to do
19 business in Iowa.
20 Sec. 5. Section 10A.511, subsection 3, Code 2024, is amended
21 to read as follows:
22 3. To promulgate fire safety rules in consultation with the
23 state fire marshal. The director shall have exclusive right
24 to promulgate fire safety rules as they apply to enforcement
25 or inspection requirements by the department, but the rules
26 shall be promulgated pursuant to chapter 17A. Wherever by
27 any statute the director or the department is authorized
28 or required to promulgate, proclaim, or amend rules and
29 minimum standards regarding fire hazards or fire safety or
30 protection in any establishment, building, or structure, the
31 rules and standards shall promote and enforce fire safety,
32 fire protection, and the elimination of fire hazards as the
33 rules may relate to the use, occupancy, and construction
34 of the buildings, establishments, or structures. The word
35 “construction” shall include but is not limited to electrical
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1 wiring, plumbing, heating, lighting, ventilation, construction
2 materials, entrances and exits, and all other physical
3 conditions of the building which may affect fire hazards,
4 safety, or protection. The rules and minimum standards shall
5 be in substantial compliance except as otherwise specifically
6 provided in this chapter part, with the standards of the
7 national fire protection association relating to fire safety as
8 published in the national fire codes.
9 Sec. 6. Section 10A.514, Code 2024, is amended to read as
10 follows:
11 10A.514 Authority for inspection —— orders.
12 The chief of a fire department or an authorized subordinate
13 who is trained in fire prevention safety standards may enter
14 a building or premises at a reasonable hour to examine the
15 building or premises and its contents. The examining official
16 shall order the correction of a condition which is in violation
17 of this chapter part, a rule adopted under this chapter part,
18 or a city or county fire safety ordinance. The order shall be
19 in writing or, if the danger is imminent, orally followed by a
20 written order. The examining official shall enforce the order
21 in accordance with the applicable law or ordinance. At the
22 request of the examining official the director may assist in
23 an enforcement action.
24 Sec. 7. Section 10A.515, subsection 1, Code 2024, is amended
25 to read as follows:
26 1. If a person has violated or is violating a provision of
27 this chapter part or a rule adopted pursuant to this chapter
28 part, the director, the chief of any fire department, or
29 the fire prevention officer of a fire department organized
30 under chapter 400 may issue an order directing the person to
31 desist in the practice which constitutes the violation and
32 to take corrective action as necessary to ensure that the
33 violation will cease. The order shall be in writing and shall
34 specify a reasonable time by which the person shall comply
35 with the order. The person to whom the order is issued may
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1 appeal the order as provided in chapter 17A. On appeal,
2 the administrative law judge may affirm, modify, or vacate
3 the order. Judicial review may be sought in accordance with
4 chapter 17A.
5 Sec. 8. Section 10A.516, Code 2024, is amended to read as
6 follows:
7 10A.516 Legal proceedings —— penalties —— injunctive relief.
8 At the request of the director, the county attorney
9 shall institute any legal proceedings on behalf of the
10 state necessary to obtain compliance or enforce the penalty
11 provisions of this chapter part or rules or orders adopted or
12 issued pursuant to this chapter part, including but not limited
13 to a legal action for injunctive relief. The county attorney
14 or any other attorney acting on behalf of the chief of a fire
15 department or a fire prevention officer may institute legal
16 proceedings, including but not limited to a legal action for
17 injunctive relief, to obtain compliance or enforce the penalty
18 provisions or orders issued pursuant to section 10A.515.
19 Sec. 9. Section 10A.713, subsection 2, paragraph g,
20 subparagraph (2), Code 2024, is amended to read as follows:
21 (2) If these conditions are not met, the institutional
22 health facility is subject to review as a “new institutional
23 health service” or “changed institutional health service” under
24 section 10A.711, subsection 17, paragraph “d”, and is subject
25 to sanctions under section 10A.723. If the institutional
26 health facility reestablishes the deleted beds at a later time,
27 review as a “new institutional health service” or “changed
28 institutional health service” is required pursuant to section
29 10A.711, subsection 17, paragraph “d”.
30 Sec. 10. Section 10A.713, subsection 2, paragraph h,
31 subparagraph (2), Code 2024, is amended to read as follows:
32 (2) If these conditions are not met, the institutional
33 health facility or health maintenance organization is subject
34 to review as a “new institutional health service” or “changed
35 institutional health service” under section 10A.711, subsection
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1 17, paragraph “f”, and is subject to sanctions under section
2 10A.723.
3 Sec. 11. NEW SECTION. 10A.901 Definitions.
4 For the purposes of this subchapter, unless the context
5 otherwise requires:
6 1. a. “Child-occupied facility” means a building, or
7 portion of a building, constructed prior to 1978, that is
8 described by all of the following:
9 (1) The building is visited on a regular basis by the
10 same child, who is less than six years of age, on at least
11 two different days within any week. For purposes of this
12 subsection, a week is a Sunday through Saturday period.
13 (2) Each day’s visit by the child lasts at least three
14 hours, and the combined annual visits total at least sixty
15 hours.
16 b. A child-occupied facility may include but is not limited
17 to a child care center, preschool, or kindergarten classroom.
18 A child-occupied facility also includes common areas that are
19 routinely used by children who are less than six years of age,
20 such as restrooms and cafeterias, and the exterior walls and
21 adjoining space of the building that are immediately adjacent
22 to the child-occupied facility or the common areas routinely
23 used by children under the age of six years.
24 2. “Target housing” means housing constructed prior to 1978
25 with the exception of housing for the elderly or for persons
26 with disabilities and housing that does not contain a bedroom,
27 unless at least one child, under six years of age, resides or
28 is expected to reside in the housing.
29 Sec. 12. Section 10A.903, Code 2024, is amended to read as
30 follows:
31 10A.903 Renovation, remodeling, and repainting —— lead hazard
32 notification process established.
33 1. a. A person who performs renovation, remodeling, or
34 repainting services for target housing or a child-occupied
35 facility for compensation shall provide an approved lead hazard
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1 information pamphlet to the owner and occupant of the housing
2 or facility prior to commencing the services. The department
3 shall adopt rules to implement the renovation, remodeling, and
4 repainting lead hazard notification process under this section.
5 b. The rules shall include but are not limited to an
6 authorization that the lead hazard notification to parents or
7 guardians of the children attending a child-occupied facility
8 may be completed by posting an informational sign and a copy
9 of the approved lead hazard information pamphlet. The rules
10 shall also address requirements for notification of parents or
11 guardians of the children visiting a child-occupied facility
12 when the facility is vacant for an extended period of time.
13 2. For the purpose of this section and section 10A.902,
14 unless the context otherwise requires:
15 a. (1) “Child-occupied facility” means a building, or
16 portion of a building, constructed prior to 1978, that is
17 described by all of the following:
18 (a) The building is visited on a regular basis by the same
19 child, who is less than six years of age, on at least two
20 different days within any week. For purposes of this paragraph
21 “a”, a week is a Sunday through Saturday period.
22 (b) Each day’s visit by the child lasts at least three
23 hours, and the combined annual visits total at least sixty
24 hours.
25 (2) A child-occupied facility may include but is not limited
26 to a child care center, preschool, or kindergarten classroom.
27 A child-occupied facility also includes common areas that are
28 routinely used by children who are less than six years of age,
29 such as restrooms and cafeterias, and the exterior walls and
30 adjoining space of the building that are immediately adjacent
31 to the child-occupied facility or the common areas routinely
32 used by children under the age of six years.
33 b. “Target housing” means housing constructed prior to 1978
34 with the exception of housing for the elderly or for persons
35 with disabilities and housing that does not contain a bedroom,
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1 unless at least one child, under six years of age, resides or
2 is expected to reside in the housing.
3 3. 2. A person who violates this section is subject to
4 a civil penalty not to exceed five thousand dollars for each
5 offense.
6 Sec. 13. Section 12.31, Code 2024, is amended to read as
7 follows:
8 12.31 Short title.
9 This section and sections 12.32 through 12.43 subchapter
10 shall be known as the “Linked Investments for Tomorrow Act”.
11 Sec. 14. Section 12.32, Code 2024, is amended to read as
12 follows:
13 12.32 Definitions.
14 As used in section 12.31, this section, and sections 12.34
15 through 12.43 this subchapter, unless the context otherwise
16 requires:
17 1. “Eligible borrower” means any person who is qualified to
18 participate in one of the programs in this section and sections
19 12.34 through 12.43 subchapter. “Eligible borrower” does not
20 include a person who has been determined to be delinquent in
21 making child support payments or any other payments due the
22 state.
23 2. “Eligible lending institution” means a financial
24 institution that is empowered to make commercial loans and is
25 eligible pursuant to chapter 12C to be a depository of state
26 funds.
27 3. “Linked investment” means a certificate of deposit issued
28 pursuant to this section and sections 12.34 through 12.43
29 subchapter to the treasurer of state by an eligible lending
30 institution, at an interest rate not more than three percent
31 below current market rate on the condition that the institution
32 agrees to lend the value of the deposit, according to the
33 investment agreement provided in section 12.35, to an eligible
34 borrower at a rate not to exceed four percent above the rate
35 paid on the certificate of deposit. The treasurer of state
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1 shall determine and make available the current market rate
2 which shall be used each month.
3 Sec. 15. Section 12.34, subsections 1 and 2, Code 2024, are
4 amended to read as follows:
5 1. The treasurer of state may invest up to the lesser of
6 one hundred eight million dollars or twenty-five percent of
7 the balance of the state pooled money fund in certificates of
8 deposit in eligible lending institutions as provided in section
9 12.32, this section, and sections 12.35 through 12.43 this
10 subchapter. One-half of the moneys invested pursuant to this
11 section shall be made available under the program implemented
12 pursuant to section 12.43 to increase the availability of lower
13 cost moneys for purposes of injecting needed capital into
14 small businesses which are fifty-one percent or more owned,
15 operated, and actively managed by one or more women, minority
16 persons, or persons with disabilities. “Disability” and
17 “minority person” mean the same as defined in section 15.102.
18 The treasurer shall invest the remaining one-half of the moneys
19 invested pursuant to this section to support any other eligible
20 applicant as provided in section 12.43.
21 2. The treasurer of state shall adopt rules pursuant to
22 chapter 17A to administer section 12.32, this section, and
23 sections 12.35 through 12.43 this subchapter.
24 Sec. 16. Section 12.35, subsection 1, Code 2024, is amended
25 to read as follows:
26 1. An eligible lending institution that desires to receive
27 a linked investment shall e