Senate Study Bill 1153 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON ZAUN)
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 effective date and retroactive applicability
7 provisions.
8 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 9C.9, Code 2023, is amended to read as
4 follows:
5 9C.9 Penalty.
6 Any merchant, whether an individual person, a firm,
7 corporation, partnership, or association, violating any of
8 the provisions of this chapter shall be guilty of a simple
9 misdemeanor. Each sale made in violation of the provisions
10 hereof of this chapter shall be and constitute a separate
11 offense.
12 Sec. 2. Section 9G.4, Code 2023, is amended to read as
13 follows:
14 9G.4 Land office —— how kept —— certified copies.
15 The land office shall be kept open during business hours.
16 The documents and records therein in the land office shall be
17 subject to inspection by parties having an interest therein,
18 and certified in the documents and records. Certified copies
19 thereof of a document or record in the land office, signed
20 by the secretary, with the seal of office attached, shall be
21 deemed presumptive evidence of the facts to which they relate,
22 and on. Upon request they, certified copies of documents or
23 records shall be furnished by the secretary for a reasonable
24 compensation fee.
25 Sec. 3. Section 15E.305, subsection 2, paragraph a, Code
26 2023, is amended to read as follows:
27 a. The maximum amount of tax credits granted to a taxpayer
28 shall not exceed one hundred thousand dollars of the aggregate
29 amount of tax credits authorized.
30 Sec. 4. Section 15F.403, subsection 2, paragraph a, Code
31 2023, is amended to read as follows:
32 a. Moneys in the fund are appropriated to the authority for
33 purposes of providing financial assistance to cities, counties,
34 and public entities under the sports tourism marketing and
35 infrastructure program established and administered pursuant
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1 to this subchapter.
2 Sec. 5. Section 24.30, Code 2023, is amended to read as
3 follows:
4 24.30 Review by and powers of board.
5 It shall be the duty of the state board to review and finally
6 pass upon all proposed budget expenditures, tax levies, and
7 tax assessments from which appeal is taken and it. The state
8 board shall have power and authority to approve, disapprove,
9 or reduce all such proposed budgets, expenditures, and tax
10 levies so submitted to it upon appeal, as herein provided in
11 this chapter; but in no event may it increase such budget,
12 expenditure, tax levies or assessments or any item contained
13 therein. Said The state board shall have authority to adopt
14 rules not inconsistent with the provisions of this chapter,
15 to employ necessary assistants, authorize such expenditures,
16 require such reports, make such investigations, and take
17 such other action as it deems necessary to promptly hear and
18 determine all such appeals; provided, however, that all persons
19 so employed shall be selected from persons then regularly
20 employed in some one of the offices of the members of said the
21 state board.
22 Sec. 6. Section 27A.1, Code 2023, is amended by adding the
23 following new unnumbered paragraph before subsection 1:
24 NEW UNNUMBERED PARAGRAPH. As used in this chapter:
25 Sec. 7. Section 29C.6, subsection 3, Code 2023, is amended
26 to read as follows:
27 3. When the president of the United States has declared a
28 major disaster to exist in the state and upon the governor’s
29 determination that a local government of the state will suffer
30 a substantial loss of tax and other revenues from a major
31 disaster and has demonstrated a need for financial assistance
32 to perform its governmental functions, apply to the federal
33 government, on behalf of the local government for a loan,
34 receive and disburse the proceeds of any approved loan to
35 any applicant local government, determine the amount needed
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1 by any applicant local government to restore or resume its
2 governmental functions, and certify the same to the federal
3 government; however, no application amount shall exceed
4 twenty-five percent of the annual operating budget of the
5 applicant for the fiscal year in which the major disaster
6 occurs. The governor may recommend to the federal government,
7 based upon the governor’s review, the cancellation of all or
8 any part or of repayment when, in the first three full fiscal
9 year period following the major disaster, the revenues of
10 the local government are insufficient to meet its operating
11 expenses, including additional disaster-related expenses of a
12 municipal operation character.
13 Sec. 8. Section 34A.8, subsection 2, paragraph b, Code 2023,
14 is amended to read as follows:
15 b. The director, program manager, joint 911 service board,
16 local emergency management commission established pursuant
17 to section 29C.9, the designated next generation 911 network
18 service provider, and the public safety answering point, and
19 their agents, employees, and assigns shall use local exchange
20 service information provided by the local exchange service
21 provider solely for the purposes of providing 911 emergency
22 telephone service or providing related mass notification and
23 emergency messaging services as described in section 29C.17A
24 utilizing only the subscriber’s information, and local exchange
25 service information shall otherwise be kept confidential. A
26 person who violates this section paragraph is guilty of a
27 simple misdemeanor.
28 Sec. 9. Section 41.1, subsection 52, unnumbered paragraph
29 1, Code 2023, is amended to read as follows:
30 The fifty-second representative district in Marshall county
31 shall consist of:
32 Sec. 10. Section 43.2, subsection 1, paragraph b, Code 2023,
33 is amended to read as follows:
34 b. “Political party” shall mean a party which, at the
35 last preceding general election, cast for its candidate for
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1 president of the United States or for governor, as the case
2 may be, at least two percent of the total vote cast for all
3 candidates for that office at that election. It shall be the
4 responsibility of the state commissioner to determine whether
5 any organization claiming to be a political party qualifies as
6 such under the foregoing definition this paragraph.
7 Sec. 11. Section 43.50, Code 2023, is amended to read as
8 follows:
9 43.50 Signing and filing of abstract.
10 The members of the board shall sign said abstracts and
11 certify to the correctness thereof of the abstracts made
12 under section 43.49, and file the same abstracts with the
13 commissioner.
14 Sec. 12. Section 43.60, unnumbered paragraph 1, Code 2023,
15 is amended to read as follows:
16 The county board of supervisors shall also make a separate
17 abstract of the canvass as to the following offices and certify
18 to the same and forthwith forward it the abstract to the state
19 commissioner, viz.:
20 Sec. 13. Section 85.18, Code 2023, is amended to read as
21 follows:
22 85.18 Contract to relieve not operative.
23 No A contract, rule, or device whatsoever shall not operate
24 to relieve the employer, in whole or in part, from any
25 liability created by this chapter except as herein provided in
26 this chapter. This section does not create a private cause of
27 action.
28 Sec. 14. Section 85.38, subsection 1, Code 2023, is amended
29 to read as follows:
30 1. Contributions or donations. The compensation herein
31 provided in this chapter shall be the measure of liability
32 which the employer has assumed for injuries or death that may
33 occur to employees in the employer’s employment subject to the
34 provisions of this chapter, and it shall not be in anywise
35 reduced by contribution from employees or donations from any
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1 source.
2 Sec. 15. Section 85.42, subsection 2, Code 2023, is amended
3 to read as follows:
4 2. A child or children under eighteen years of age, and
5 over said age if physically or mentally incapacitated from
6 earning, whether actually dependent for support or not upon the
7 parent at the time of the parent’s death. An adopted child or
8 children shall be regarded the same as issue of the body. A
9 child The terms “child” or children “children”, as used herein
10 in this subsection, shall also include any child or children
11 conceived but not born at the time of the employee’s injury,
12 and any compensation payable on account of any such child
13 or children shall be paid from the date of their birth. A
14 stepchild or stepchildren shall be regarded the same as issue
15 of the body only when the stepparent has actually provided the
16 principal support for such child or children.
17 Sec. 16. Section 85.64, Code 2023, is amended to read as
18 follows:
19 85.64 Limitation of benefits.
20 1. If an employee who has previously lost, or lost the
21 use of, one hand, one arm, one foot, one leg, or one eye,
22 becomes permanently disabled by a compensable injury which has
23 resulted in the loss of or loss of use of another such member
24 or organ, the employer shall be liable only for the degree of
25 disability which would have resulted from the latter injury
26 if there had been no preexisting disability. In addition to
27 such compensation, and after the expiration of the full period
28 provided by law for the payments thereof of compensation by
29 the employer, the employee shall be paid out of the “Second
30 Injury Fund” second injury fund created by this subchapter the
31 remainder of such compensation as would be payable for the
32 degree of permanent disability involved after first deducting
33 from such the remainder the compensable value of the previously
34 lost member or organ.
35 2. Any benefits received by any such employee, or to which
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1 the employee may be entitled, by reason of such increased
2 disability from any state or federal fund or agency, to which
3 said the employee has not directly contributed, shall be
4 regarded as a credit to any award made against said the second
5 injury fund as aforesaid.
6 Sec. 17. Section 85A.2, Code 2023, is amended to read as
7 follows:
8 85A.2 Employers included.
9 All employers as defined by the workers’ compensation law
10 of Iowa and who are engaged in any business or industrial
11 process hereinafter designated and described in this chapter
12 are employers within the provisions of this chapter and shall
13 be subject thereto to this chapter.
14 Sec. 18. Section 89.4, subsection 1, paragraph d, Code 2023,
15 is amended to read as follows:
16 d. Steam heating boilers and unfired steam pressure vessels
17 associated therewith with steam heating boilers and mobile
18 power boilers used exclusively for agricultural purposes.
19 Sec. 19. Section 89.12, Code 2023, is amended to read as
20 follows:
21 89.12 Hearing —— notice —— decree.
22 The commissioner shall notify in writing the owner or user of
23 the equipment of the time and place of hearing of the petition
24 as fixed by the court or judge, and shall serve the notice
25 on the defendant at least five days prior to the hearing in
26 the same manner as original notices are served. The general
27 provisions relating to civil practice and procedure as may be
28 applicable, shall govern the proceedings, except as herein
29 modified in this chapter. In the event the defendant does not
30 appear or plead to the action, default shall be entered against
31 the defendant. The action shall be tried in equity, and the
32 court or judge shall make such order or decree as the evidence
33 warrants.
34 Sec. 20. Section 96.2, Code 2023, is amended to read as
35 follows:
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1 96.2 Guide for interpretation.
2 As a guide to the interpretation and application of this
3 chapter, the public policy of this state is declared to be as
4 follows: Economic insecurity due to unemployment negatively
5 impacts the health, morals, and welfare of the people of Iowa.
6 These undesirable consequences can be reduced by encouraging
7 employers to provide more stable employment and by the
8 systematic accumulation of funds during periods of employment
9 to provide benefits for periods of unemployment. This chapter
10 provides for payment of benefits to workers unemployed through
11 no fault of their own. The policy herein in this chapter is
12 intended to encourage stabilization in employment, to provide
13 for integrated employment and training services in support of
14 state economic development programs, and to provide meaningful
15 job training and employment opportunities for the unemployed,
16 underemployed, economically disadvantaged, dislocated workers,
17 and others with substantial barriers to employment. To
18 further this public policy, the state, through its department
19 of workforce development, will maintain close coordination
20 among all federal, state, and local agencies whose missions
21 affect the employment or employability of the unemployed and
22 underemployed.
23 Sec. 21. Section 96.5, subsection 7, paragraph a, Code 2023,
24 is amended to read as follows:
25 a. When an employer makes a payment or becomes obligated
26 to make a payment to an individual for vacation pay, or for
27 vacation pay allowance, or as pay in lieu of vacation, such
28 payment or amount shall be deemed wages as defined in section
29 96.1A, subsection 40, and shall be applied as provided in
30 paragraph “c” hereof of this subsection 7.
31 Sec. 22. Section 97B.42, subsection 5, Code 2023, is amended
32 to read as follows:
33 5. Nothing herein contained in this chapter shall
34 be construed to permit any employer to make any public
35 contributions or payments on behalf of an employee in the same
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1 position for the same period of time to both the Iowa public
2 employees’ retirement system and any other retirement system
3 in the state which is supported in whole or in part by public
4 contributions or payments.
5 Sec. 23. Section 100.33, Code 2023, is amended to read as
6 follows:
7 100.33 Annual report.
8 The state fire marshal shall file with the governor
9 annually, at the time provided by law, a detailed report of the
10 fire marshal’s official acts and of the affairs of the fire
11 marshal’s office which. The report shall be published and
12 distributed in the same manner as the reports of other state
13 officers.
14 Sec. 24. Section 123.32, subsection 7, Code 2023, is amended
15 to read as follows:
16 7. Appeal to administrator. An applicant for a retail
17 alcohol license may appeal from the local authority’s
18 disapproval of an application for a license or permit to the
19 administrator. In the appeal the applicant shall be allowed
20 the opportunity to demonstrate in an evidentiary hearing
21 conducted pursuant to chapter 17A that the applicant complies
22 with all of the requirements for holding the license or permit.
23 The administrator may appoint a member of the division or may
24 request an administrative law judge from the department of
25 inspections and appeals to conduct the evidentiary hearing
26 and to render a proposed decision to approve or disapprove
27 the issuance of the license or permit. The administrator may
28 affirm, reverse, or modify the proposed decision. If the
29 administrator determines that the applicant complies with
30 all of the requirements for holding a license or permit, the
31 admin