House Study Bill 236 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON HOLT)
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, delete
4 temporary language, resolve inconsistencies and conflicts,
5 update ongoing provisions, or remove ambiguities, and
6 including retroactive applicability provisions.
7 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 7C.12, subsection 2, unnumbered
4 paragraph 1, Code 2021, is amended to read as follows:
5 In addition to the powers and duties specified in sections
6 7C.1 to through 7C.11, the governor’s designee:
7 Sec. 2. Section 9G.6, subsection 1, Code 2021, is amended
8 to read as follows:
9 1. No patents Patents shall not be issued for any lands
10 belonging to the state, except upon the certificate of the
11 person or officer specially charged with the custody of the
12 same patents, setting forth the appraised value per acre, the
13 name of person to whom sold, the date of sale, the price per
14 acre, the amount paid, the name of the person making final
15 payment, and the name of the person who is entitled to the
16 patent, and, if thus. If a person is entitled by to a patent
17 due to an assignment from the original purchaser, setting
18 the certificate shall set forth fully such the assignment,
19 which certificate and shall be filed and preserved in the land
20 office.
21 Sec. 3. Section 10.1, subsection 17, paragraph b, Code 2021,
22 is amended to read as follows:
23 b. As used in paragraph “a”, a type of membership interest
24 in a limited liability company includes any of the following:
25 (1) (a) A series as provided in chapter 489, article 12.
26 (b) This subparagraph is repealed on July 1, 2021.
27 (2) A a protected series of a series limited liability
28 company as provided in chapter 489, article 14.
29 Sec. 4. Section 10.10, subsection 1, paragraph c,
30 subparagraph (2), Code 2021, is amended to read as follows:
31 (2) As used in subparagraph (1), a type of membership
32 interest in a limited liability company includes any of the
33 following:
34 (a) (i) A series as provided in chapter 489, article 12.
35 (ii) This subparagraph division is repealed on July 1, 2021.
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1 (b) A a protected series of a series limited liability
2 company as provided in chapter 489, article 14.
3 Sec. 5. Section 12B.14, Code 2021, is amended to read as
4 follows:
5 12B.14 False statements or reports.
6 Any officer or other person making a false statement or
7 report or in any manner violating any of the provisions
8 of sections 12B.10 to through 12B.13 shall be guilty of a
9 fraudulent practice.
10 Sec. 6. Section 15.108, subsection 1, paragraph b, Code
11 2021, is amended to read as follows:
12 b. Provide staff assistance to the corporation formed under
13 authority of sections 15E.11 to through 15E.16 to receive
14 and disburse funds to further the overall development and
15 well-being of the state.
16 Sec. 7. Section 15.335, subsection 4, paragraph a, Code
17 2021, is amended to read as follows:
18 a. In lieu of the credit amount computed in subsection 2, an
19 eligible business may elect to compute the credit amount for
20 qualified research expenses incurred in this state in a manner
21 consistent with the alternative simplified credit described in
22 section 41(c)(4) of the Internal Revenue Code. The taxpayer
23 may make this election regardless of the method used for the
24 taxpayer’s federal income tax. The election made under this
25 paragraph is for the tax year and the taxpayer may use another
26 or the same method for any subsequent tax year.
27 Sec. 8. Section 15.335, subsection 8, Code 2021, is amended
28 to read as follows:
29 8. Any credit in excess of the tax liability for the taxable
30 year shall be refunded with interest in accordance with section
31 421.60, subsection 2, paragraph “e”. In lieu of claiming a
32 refund, a taxpayer may elect to have the overpayment shown on
33 its final, completed return credited to the tax liability for
34 the following tax year.
35 Sec. 9. Section 15.354, subsection 2, paragraph d, Code
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1 2021, is amended to read as follows:
2 d. An applicant that does not receive a tax incentive award
3 during an application period may make additional applications
4 during subsequent application periods. Such applicant shall
5 be required to submit a new application and, which shall be
6 competitively reviewed and scored in the same manner as other
7 applicants applications in that application period.
8 Sec. 10. Section 20.10, subsection 3, paragraph f, Code
9 2021, is amended to read as follows:
10 f. Violate the provisions of sections 732.1 to through
11 732.3, which are hereby made applicable to public employers,
12 public employees, and employee organizations.
13 Sec. 11. Section 20.19, subsection 1, Code 2021, is amended
14 to read as follows:
15 1. As the first step in the performance of their duty to
16 bargain, the public employer and the employee organization
17 shall endeavor to agree upon impasse procedures. Such
18 agreement shall provide for implementation of these impasse
19 procedures not later than one hundred twenty days prior to
20 the certified budget submission date of the public employer.
21 However, if public employees represented by the employee
22 organization are teachers licensed under chapter 272, and the
23 public employer is a school district or area education agency,
24 the agreement shall provide for implementation of impasse
25 procedures not later than one hundred twenty days prior to May
26 31 of the year when the collective bargaining agreement is
27 to become effective. If the public employer is a community
28 college, the agreement shall provide for implementation of
29 impasse procedures not later than one hundred twenty days prior
30 to May 31 of the year when the collective bargaining agreement
31 is to become effective. If the public employer is not subject
32 to the budget certification requirements of section 24.17 and
33 other applicable sections, the agreement shall provide for
34 implementation of impasse procedures not later than one hundred
35 twenty days prior to the date the next fiscal or budget year of
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1 the public employer commences. If the parties fail to agree
2 upon impasse procedures under the provisions of this section,
3 the impasse procedures provided in sections 20.20 to and 20.22
4 shall apply.
5 Sec. 12. Section 24.3, unnumbered paragraph 1, Code 2021,
6 is amended to read as follows:
7 No A municipality shall not certify or levy in any fiscal
8 year any tax on property subject to taxation unless and until
9 the following estimates have been made, filed, and considered,
10 as hereinafter provided in this chapter:
11 Sec. 13. Section 24.9, subsection 2, Code 2021, is amended
12 to read as follows:
13 2. Budget estimates adopted and certified in accordance
14 with this chapter may be amended and increased as the need
15 arises to permit appropriation and expenditure during the
16 fiscal year covered by the budget of unexpended cash balances
17 on hand at the close of the preceding fiscal year and which
18 cash balances had not been estimated and appropriated for
19 expenditure during the fiscal year of the budget sought to
20 be amended, and also to permit appropriation and expenditure
21 during the fiscal year covered by the budget of amounts of cash
22 anticipated to be available during the year from sources other
23 than taxation and which had not been estimated and appropriated
24 for expenditure during the fiscal year of the budget sought
25 to be amended. Such amendments to budget estimates may be
26 considered and adopted at any time during the fiscal year
27 covered by the budget sought to be amended, by filing the
28 amendments and upon publishing them and giving notice of the
29 public hearing in the manner required in this section. Within
30 ten days of the decision or order of the certifying or levying
31 board, the proposed amendment of the budget is subject to
32 protest, hearing on the protest, appeal to the state appeal
33 board and review by that body, all in accordance with sections
34 24.27 to through 24.32, so far as applicable. A local budget
35 shall be amended by May 31 of the current fiscal year to allow
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1 time for a protest hearing to be held and a decision rendered
2 before June 30. An amendment of a budget after May 31 which
3 is properly appealed but without adequate time for hearing
4 and decision before June 30 is void. Amendments to budget
5 estimates accepted or issued under this section are not within
6 section 24.14.
7 Sec. 14. Section 24.24, Code 2021, is amended to read as
8 follows:
9 24.24 Violations.
10 Failure on the part of a public official to perform any
11 of the duties prescribed in chapter 73A, and this chapter,
12 and sections section 8.39, and sections 11.1 to, 11.2, 11.4,
13 and 11.5, constitutes a simple misdemeanor, and is sufficient
14 ground for removal from office.
15 Sec. 15. Section 29B.1, Code 2021, is amended to read as
16 follows:
17 29B.1 Persons subject to code —— definitions —— short title.
18 1. This chapter applies to all members of the state military
19 forces performing national guard duty or state active duty,
20 while not on federal active duty. In addition, this chapter
21 applies to all members of the state military forces who commit
22 an offense during travel to or from the member’s duty location
23 or during intervals between consecutive periods of duty on the
24 same day or on consecutive days in which the victim of the
25 offense is another member of the state military forces.
26 2. As used in this chapter, unless the context otherwise
27 requires, “state military forces” has the same meaning as in
28 section 29A.6, and “code”:
29 a. “Code” means this chapter, which may be cited as the
30 “Iowa Code of Military Justice”.
31 b. “State military forces” means the same as defined in
32 section 29A.6.
33 3. This chapter may be cited as the “Iowa Code of Military
34 Justice”.
35 Sec. 16. Section 34A.2, subsections 8 and 14, Code 2021, are
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1 amended to read as follows:
2 8. “Competitive local exchange service provider” means the
3 same as defined in section 476.96 any person, including a
4 municipal utility, that provides local exchange services, other
5 than a local exchange carrier or a non-rate-regulated wireline
6 provider of local exchange services under an authorized
7 certificate of public convenience and necessity within a
8 specific geographic area described in maps filed with and
9 approved by the Iowa utilities board as of September 30, 1992.
10 14. “Local exchange carrier” means the same as defined in
11 section 476.96 any person that was the incumbent and historical
12 rate-regulated wireline provider of local exchange services
13 or any successor to such person that provides local exchange
14 services under an authorized certificate of public convenience
15 and necessity within a specific geographic area described in
16 maps filed with and approved by the Iowa utilities board as of
17 September 30, 1992.
18 Sec. 17. Section 35C.4, Code 2021, is amended to read as
19 follows:
20 35C.4 Mandamus —— judicial review.
21 A refusal to allow said the preference granted under this
22 chapter, or a reduction of the salary for said a position
23 with intent to bring about the resignation or discharge of
24 the incumbent, shall entitle the applicant or incumbent, as
25 the case may be, to maintain an action of mandamus to right
26 the wrong. At their election such parties The applicant or
27 incumbent may elect, in the alternative, to maintain an action
28 for judicial review in accordance with the terms of the Iowa
29 administrative procedure Act, chapter 17A, if that is otherwise
30 applicable to their case. An action of mandamus shall be filed
31 by an applicant or incumbent within three hundred days after
32 a refusal to allow said the preference, or a reduction of the
33 salary for said a position with intent to bring about the
34 resignation or discharge of the incumbent.
35 Sec. 18. Section 37.26, Code 2021, is amended to read as
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1 follows:
2 37.26 General powers.
3 For the purpose of carrying out the provisions of sections
4 37.22 to through 37.25, the commission shall have authority to
5 receive and to convey title to real estate, to take mortgage or
6 other security and to release or transfer the same.
7 Sec. 19. Section 37.27, Code 2021, is amended to read as
8 follows:
9 37.27 Nursing homes with memorial hospitals.
10 If a memorial building has been constructed for the purpose
11 of a hospital pursuant to this chapter, additions for hospital
12 purposes, and nursing homes to be operated in conjunction
13 with the hospital may be erected or acquired by following the
14 procedure outlined in chapter 347 and by issuing general county
15 purpose bonds in accordance with sections 331.441 to through
16 331.449, with the commissioners acting in the same manner and
17 fashion as the hospital trustees under chapter 347, and with
18 the procedure in all other respects to be identical.
19 Sec. 20. Section 43.3, Code 2021, is amended to read as
20 follows:
21 43.3 Offices affected by primary.
22 Candidates of all political parties for all offices which
23 are filled at a regular biennial election by direct vote of the
24 people shall be nominated at a primary election at the time and
25 in the manner hereinafter directed in this chapter.
26 Sec. 21. Section 43.13, Code 2021, is amended to read as
27 follows:
28 43.13 Failure to file nomination papers.
29 The name of a candidate for any office named in section
30 43.11 shall not be printed on the official primary ballot of
31 the candidate’s party unless nomination papers are filed as
32 therein provided in section 43.11 except as otherwise permitted
33 by section 43.23.
34 Sec. 22. Section 43.46, Code 2021, is amended to read as
35 follows:
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1 43.46 Delivering returns.
2 The precinct election officials shall deliver all election
3 supplies, by noon of the day after the close of the polls, to
4 the commissioner who shall carefully preserve them and deliver
5 the returns in the condition in which received except as is
6 otherwise required by sections 50.20 to through 50.22, to the
7 county board of supervisors.
8 Sec. 23. Section 43.108, Code 2021, is amended to read as
9 follows:
10 43.108 Organization of state convention —— proxies
11 prohibited.
12 The convention shall be called to order by the chairperson
13 of the state central committee, or that individual’s designee,
14 who shall thereupon present a list of delegates, as certified
15 by the various county conventions, and effect a temporary
16 organization. If any county shall is not be fully represented,
17 the delegates present from such that county shall cast the full
18 vote thereof of the county if the rules of the convention, or
19 party bylaws or constitution so allow, and there shall be no
20 proxies.
21 Sec. 24. Section 44.10, Code 2021, is amended to read as
22 follows:
23 44.10 Effect of withdrawal.
24 No The name so of a candidate who has withdrawn the
25 candidate’s nomination as provided in section 44.9 shall not be
26 printed on the official ballot under such that nomination.
27 Sec. 25. Section 48A.5, subsection 4, paragraph a, Code
28 2021, is amended to read as follows:
29 a. Comply with all applicable requirements of sections 53.37
30 to through 53.53