House Study Bill 209 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON HOLT)
A BILL FOR
1 An Act relating to nonsubstantive Code corrections, and
2 including retroactive applicability provisions.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 MISCELLANEOUS CHANGES
3 Section 1. Section 8.44, subsection 1, paragraph a, Code
4 2021, is amended to read as follows:
5 a. Upon receiving federal funds or any other funds from
6 any public or private sources, except gifts or donations made
7 to institutions for the personal use or for the benefit of
8 members, patients, or inmates and receipts from the gift shop
9 of merchandise manufactured by members, patients, or inmates,
10 the state departments, agencies, boards, and institutions
11 receiving such the funds shall submit a written report within
12 thirty days after receipt of the funds to the director of the
13 department of management. The report shall state the source of
14 the funds that supplement or replace state appropriations for
15 institutional operations, the amount received, and the terms
16 under which the funds are received.
17 Sec. 2. Section 8A.460, subsection 1, Code 2021, is amended
18 to read as follows:
19 1. A terminal liability health insurance fund is created
20 in the state treasury under the control of the department
21 of administrative services. The proceeds of the terminal
22 liability health insurance fund shall be used by the department
23 of administrative services to pay the state’s share of the
24 terminal liability of the existing health insurance contract
25 administered by the department of administrative services. The
26 moneys appropriated to the terminal liability health insurance
27 fund plus any additional moneys appropriated or collected
28 pursuant to 2001 Iowa Acts, ch. 190, or other Acts of the
29 general assembly shall constitute the total amount due to pay
30 the terminal liability specified in this section.
31 Sec. 3. Section 12.20, Code 2021, is amended to read as
32 follows:
33 12.20 Issuance of new check.
34 Upon presentation of any check voided as provided in
35 section 12.19 by the holder of the check after the six-months’
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1 six-month period, the state treasurer is authorized to issue a
2 new check for the amount of the original check to the holder.
3 Sec. 4. Section 15.317, subsection 3, Code 2021, is amended
4 to read as follows:
5 3. The business is not an entity providing professional
6 services, health care services, or medical treatments or is not
7 an entity engaged primarily in retail operations.
8 Sec. 5. Section 15.354, subsection 3, paragraph e,
9 subparagraph (2), subparagraph division (b), Code 2021, is
10 amended to read as follows:
11 (b) If the project costs cause the housing project’s average
12 dwelling unit cost to exceed the applicable maximum amount
13 authorized in section 15.353, subsection 3, but does do not
14 cause the average dwelling unit cost to exceed one hundred ten
15 percent of such applicable maximum amount, the authority may
16 consider the agreement fulfilled and may issue a tax credit
17 certificate. In such case, the authority shall reduce the tax
18 incentive award and the corresponding amount of tax incentives
19 the eligible housing project may claim under section 15.355,
20 subsections 2 and 3, by the same percentage that the housing
21 project’s average dwelling unit cost exceeds the applicable
22 maximum amount under section 15.353, subsection 3, and such
23 tax incentive reduction shall be reflected on the tax credit
24 certificate. If the authority issues a certificate pursuant
25 to this subparagraph division, the department of revenue
26 shall accept the certificate notwithstanding that the housing
27 project’s average dwelling unit costs exceeds exceed the
28 maximum amount specified in section 15.353, subsection 3.
29 Sec. 6. Section 15J.2, subsection 7, paragraph c, Code 2021,
30 is amended to read as follows:
31 c. A joint board or other legal entity established or
32 designated in an agreement made pursuant to chapter 28E between
33 two or more contiguous municipalities identified in paragraph
34 “a” or “b” pursuant to chapter 28E.
35 Sec. 7. Section 17A.4A, subsection 4, unnumbered paragraph
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1 1, Code 2021, is amended to read as follows:
2 Upon receipt by an agency of a timely request for a
3 regulatory analysis, the agency shall extend the period
4 specified in this chapter for each of the following until at
5 least twenty days after publication in the Iowa administrative
6 bulletin of a concise summary of the regulatory analysis:
7 Sec. 8. Section 24.29, Code 2021, is amended to read as
8 follows:
9 24.29 Appeal.
10 The state board may conduct the hearing or may appoint a
11 deputy. A deputy designated to hear an appeal shall attend
12 in person and conduct the hearing in accordance with section
13 24.28, and. The deputy shall promptly report the proceedings
14 at the hearing, which report shall become a part of the
15 permanent record of the state board.
16 Sec. 9. Section 29A.75, Code 2021, is amended to read as
17 follows:
18 29A.75 Affidavit.
19 An affidavit, executed by an attorney in fact or agent,
20 setting forth that the attorney or agent has not or had not, at
21 the time of doing any act pursuant to the power of attorney,
22 received actual knowledge or actual notice of the revocation or
23 termination of the power of attorney, by death or otherwise,
24 or notice of any facts indicating the same, shall, in the
25 absence of fraud, be conclusive proof of the nonrevocation or
26 nontermination of the power at such time. If the exercise of
27 the power requires execution and delivery of any instrument
28 which is recordable under the laws of this state, such the
29 affidavit (when, if authenticated for record in the manner
30 prescribed by law) law, shall likewise be recordable.
31 Sec. 10. Section 29B.43, Code 2021, is amended to read as
32 follows:
33 29B.43 Oaths.
34 Before performing their official duties, military judges,
35 members of a general and special courts-martial, trial counsel,
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1 assistant trial counsel, defense counsel, assistant defense
2 counsel, reporters, and interpreters shall take an oath to
3 perform their duties faithfully. The adjutant general shall
4 adopt rules prescribing the form of the oath, the time and
5 place of the taking of the oath, the manner of recording, and
6 whether the oath must be taken for all cases in which official
7 duties must be performed or for a particular case. The rules
8 may provide that an oath to perform duties faithfully as a
9 military judge, trial counsel, assistant trial counsel, defense
10 counsel, or assistant defense counsel may be taken at any
11 time by any judge advocate or legal officer, or other person
12 certified to be qualified or competent for the duty, and that
13 once taken the oath need not be taken again each time the
14 person is detailed to that duty.
15 Sec. 11. Section 48A.19, subsection 1, paragraph a,
16 subparagraph (4), Code 2021, is amended to read as follows:
17 (4) Special supplemental food nutrition program for women,
18 infants, and children.
19 Sec. 12. Section 50.48, subsection 6, Code 2021, is amended
20 to read as follows:
21 6. The commissioner shall promptly notify the state
22 commissioner of any recount of votes for an office to which
23 section 50.30, or section 43.60 in the case of a primary
24 election, is applicable. If necessary, the state canvass
25 required by section 50.38, or by section 43.63, as the case
26 may be, shall be delayed with respect to the office or the
27 nomination to which the recount pertains. The commissioner
28 shall subsequently inform the state commissioner at the
29 earliest possible time whether any change in the outcome of the
30 election in that county or district resulted from the recount.
31 Sec. 13. Section 67.3, Code 2021, is amended to read as
32 follows:
33 67.3 Refusal to obey subpoena —— fees.
34 1. If any witness, duly subpoenaed, refuses to obey said
35 the subpoena, or refuses to testify, said the commission shall
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1 certify said the fact to the district court of the county where
2 the investigation is being had and said taking place. The
3 court shall proceed with said the witness in the same manner
4 as though said the refusal had occurred in a legal proceeding
5 before said the court or judge.
6 2. Witnesses shall be paid in the manner provided for
7 witnesses before the executive council and from the same
8 appropriation.
9 Sec. 14. Section 80.45A, subsection 1, paragraph a, Code
10 2021, is amended to read as follows:
11 a. “Commissioner” means the commissioner of the department
12 of public safety or the commissioner’s designee.
13 Sec. 15. Section 80D.9, Code 2021, is amended to read as
14 follows:
15 80D.9 Supervision of reserve peace officers.
16 1. Reserve peace officers shall be subordinate to regular
17 peace officers, shall not serve as peace officers unless
18 under the direction of regular peace officers, and shall
19 wear a uniform prescribed by the chief of police, sheriff,
20 commissioner of public safety, or director of the judicial
21 district department of correctional services unless that
22 superior officer designates alternate apparel for use when
23 engaged in assignments involving special investigation, civil
24 process, court duties, jail duties, and the handling of mental
25 patients. The reserve peace officer shall not wear an insignia
26 of rank.
27 2. Each department for which a reserve force is established
28 shall appoint a certified peace officer as the reserve force
29 coordinating and supervising officer. A reserve peace
30 officer force established in a judicial district department
31 of correctional services must be directly supervised by a
32 certified peace officer who is on duty. That certified peace
33 officer shall report directly to the chief of police, sheriff,
34 commissioner of public safety or the commissioner’s designee,
35 or director of the judicial district department of correctional
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1 services or the director’s designee, as the case may be.
2 Sec. 16. Section 84A.13, subsection 4, Code 2021, is amended
3 to read as follows:
4 4. An Iowa employer innovation fund is created in the
5 state treasury as a separate fund under the control of the
6 department of workforce development, in consultation with the
7 workforce development board. The fund shall consist of any
8 moneys appropriated by the general assembly and any other
9 moneys available to and obtained or accepted by the department
10 from the federal government. A portion of the moneys deposited
11 in the fund, in an amount to be determined annually by the
12 department of workforce development in consultation with the
13 workforce development board, shall be transferred annually to
14 the Iowa child care challenge fund created pursuant to section
15 84A.13A. The assets of the Iowa employer innovation fund shall
16 be used by the department in accordance with this section. All
17 moneys deposited or paid into the fund are appropriated and
18 made available to the board to be used in accordance with this
19 section. Notwithstanding section 8.33, any balance in the fund
20 on June 30 of each fiscal year shall not revert to the general
21 fund of the state, but shall be available for purposes of this
22 section and for transfer in accordance with this section in
23 subsequent fiscal years.
24 Sec. 17. Section 85.26, subsection 3, Code 2021, is amended
25 to read as follows:
26 3. Notwithstanding chapter 17A, the filing with the
27 workers’ compensation commissioner of the original notice or
28 petition for an original proceeding or an original notice
29 or petition to reopen an award or agreement of settlement
30 provided by section 86.13, for benefits under this chapter or
31 chapter 85A or 85B is the only act constituting “commencement”
32 commencement for purposes of this section.
33 Sec. 18. Section 85.55, subsection 1, Code 2021, is amended
34 to read as follows:
35 1. For purposes of this section, franchisee “franchisee”
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1 and franchisor “franchisor” mean the same as defined in section
2 523H.1.
3 Sec. 19. Section 85A.4, Code 2021, is amended to read as
4 follows:
5 85A.4 Disablement defined.
6 Disablement as that term is As used in this chapter is,
7 “disablement” means the event or condition where an employee
8 becomes actually incapacitated from performing the employee’s
9 work or from earning equal wages in other suitable employment
10 because of an occupational disease as defined in this chapter
11 in the last occupation in which such employee is injuriously
12 exposed to the hazards of such disease.
13 Sec. 20. Section 89A.10, subsection 3, Code 2021, is amended
14 to read as follows:
15 3. If the commissioner has reason to believe that the
16 continued operation of a conveyance constitutes an imminent
17 danger which could reasonably be expected to seriously
18 injure or cause death to any person, in addition to any other
19 remedies, the commissioner may apply to the district court
20 in the county in which such imminently dangerous condition
21 exists for a temporary order for the purpose of enjoining such
22 imminently dangerous conveyance. Upon hearing, if deemed
23 appropriate by the court, a permanent injunction may be issued
24 to insure ensure that such imminently dangerous conveyance be
25 prevented or controlled. Upon the elimination or rectification
26 of such imminently dangerous condition, the temporary or
27 permanent injunction shall be vacated.
28 Sec. 21. Section 91.11, Code 2021, is amended to read as
29 follows:
30 91.11 Prosecutions for violations.
31 1. If the commissioner learns of any violation of any law
32 administered by the division, the commissioner may give the
33 county attorney of the county in which the violation occurred
34 written notice of the facts, whereupon that officer shall
35 institute the proper proceedings against the person charged
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1 with the offense.
2 2. If the commissioner is of the opinion that the violation
3 is not willful, or is an oversight or of a trivial nature, the
4 commissioner may at the commissioner’s discretion fix a time
5 within which the violation shall be corrected and notify the
6 owner, operator, superintendent, or person in charge, and if.
7 If the violation is corrected within the time fixed, then the
8 commissioner shall not cause prosecution to be begun.
9 Sec. 22. Section 96.1A, subsection 37, Code 2021, is amended
10 to read as follows:
11 37. “Total and partial unemployment” “Totally unemployed”,
12 “partially unemployed”, and “temporarily unemployed”.
13 a. An individual shall be deemed “totally unemployed”
14 in any week with respect to which no wages are payable to
15 the individual and during which the individual performs no
16 services.
17 b. An individual shall be deemed “partially unemployed” in
18 any week in which either of the following apply:
19 (1) While employed at the individual’s then regular job, the
20 individual works less than the regular full-time week and in
21 which the individual earns less than the individual’s weekly
22 benefit amount plus fifteen dollars.
23 (2) The individual, having been separated from the
24 individual’s regular job, earns at odd jobs less than the
25 individual’s weekly benefit amount plus fifteen dollars.
26 c. An individual shall be deemed “temporarily unemployed”
27 if for a period, verified by the department, not to exceed
28 four consecutive weeks, the individual is unemployed due
29 to a plant shutdown, vacation, inventory, lack of work, or
30 emer