Bill Summary – FastDemocracy

Senate File 286 - Introduced
                                  SENATE FILE 286
                                  BY COMMITTEE ON JUDICIARY
                                  (SUCCESSOR TO SSB 1136)
                            A BILL FOR
An Act relating to nonsubstantive Code corrections, and
  including effective date and retroactive applicability
  provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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                            DIVISION I
                      MISCELLANEOUS CHANGES
    Section 1. Section 2.47, Code 2023, is amended to read as
 follows:
    2.47 Procedure.
    The chairpersons of the committees on budget appropriations
 shall serve as co-chairpersons of the legislative fiscal
 committee. The legislative fiscal committee shall determine
 its own method of procedure and shall meet as often as deemed
 necessary, subject to the approval of the legislative council.
 It shall keep a record of its proceedings which shall be open
 to public inspection, and it shall inform the legislative
 council in advance concerning the dates of meetings of the
 committee.
    Sec. 2. Section 2.51, Code 2023, is amended to read as
 follows:
    2.51 Visitations.
    The legislative fiscal committee, with the approval of the
 legislative council, may direct a subcommittee, which shall be
 composed of the chairpersons and minority party ranking members
 of the appropriate subcommittees of the committees on budget
 appropriations of the senate and the house of representatives
 and the chairpersons of the appropriate standing committees
 of the general assembly, to visit the offices and facilities
 of any state office, department, agency, board, bureau,
 or commission to review programs authorized by the general
 assembly and the administration of the programs. When the
 legislative fiscal committee visits the offices and facilities
 of any state office, department, agency, board, bureau,
 or commission to review programs authorized by the general
 assembly and the administration of the programs, there shall be
 included the chairpersons and minority party ranking members
 of the appropriate subcommittees of the committees on budget
 appropriations of the senate and the house of representatives.
 The legislative council may appoint a member of the
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 subcommittee or standing committee to serve in place of that
 subcommittee’s or standing committee’s chairperson or minority
 party ranking member on the legislative fiscal visitation
 committee or subcommittee if that person will be absent. The
 subcommittee and the legislative fiscal committee shall be
 provided with information by the legislative services agency
 concerning budgets, programs, and legislation authorizing
 programs prior to any visitation. Members of a committee shall
 be compensated pursuant to section 2.10, subsection 5. The
 subcommittee shall make reports and recommendations as required
 by the legislative fiscal committee.
    Sec. 3. Section 8.39, subsection 4, Code 2023, is amended
 to read as follows:
    4. Prior to any transfer of funds pursuant to subsection
 1 or 2 of this section or a transfer of an allocation from
 a subunit of a department which statutorily has independent
 budgeting authority, the director shall notify the chairpersons
 of the standing committees on budget appropriations of the
 senate and the house of representatives and the chairpersons of
 subcommittees of such committees of the proposed transfer. The
 notice from the director shall include information concerning
 the amount of the proposed transfer, the departments,
 institutions or agencies affected by the proposed transfer and
 the reasons for the proposed transfer. Chairpersons notified
 shall be given at least two weeks to review and comment on the
 proposed transfer before the transfer of funds is made.
    Sec. 4. Section 8C.7A, subsection 3, paragraph c,
 subparagraph (3), subparagraph division (a), subparagraph
 subdivision (iii), Code 2023, is amended to read as follows:
    (iii) The application would result in the authority being
 noncompliant with the federal Americans With Disabilities Act
 of 1990.
    Sec. 5. Section 13C.1, subsection 4, Code 2023, is amended
 to read as follows:
    4. “Professional commercial fund-raiser” means any person
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 who for compensation solicits contributions in Iowa for a
 charitable organization other than the person. A person
 whose sole responsibility is to mail fund-raising fundraising
 literature is not a professional commercial fund-raiser. A
 lawyer, investment counselor, or banker who advises a person
 to make a charitable contribution is not, as a result of such
 advice, a professional commercial fund-raiser. A bona fide
 salaried officer, employee, or volunteer of a charitable
 organization is not a professional commercial fund-raiser.
    Sec. 6. Section 15E.64, subsection 7, Code 2023, is amended
 to read as follows:
    7. After incorporation, the Iowa capital investment
 corporation shall conduct a national solicitation for
 investment plan proposals from qualified venture capital
 investment fund allocation managers for the raising and
 investing of capital by the Iowa fund of funds in accordance
 with the requirements of this subchapter. Any proposed
 investment plan shall address the applicant’s level of
 experience, quality of management, investment philosophy and
 process, probability of success in fund-raising fundraising,
 prior investment fund results, and plan for achieving the
 purposes of this subchapter. The selected venture capital
 investment fund allocation manager shall be a person
 with substantial, successful experience in the design,
 implementation, and management of seed and venture capital
 investment programs and in capital formation. The corporation
 shall only select a venture capital investment fund allocation
 manager with demonstrated expertise in the management and
 fund allocation of investments in venture capital funds. The
 corporation shall select the venture capital investment fund
 allocation manager deemed best qualified to generate the amount
 of capital required by this subchapter and to invest the
 capital of the Iowa fund of funds.
    Sec. 7. Section 22.7, subsection 52, paragraph c, Code 2023,
 is amended to read as follows:
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    c. Except as provided in paragraphs “a” and “b”, portions
 of records relating to the receipt, holding, and disbursement
 of gifts made for the benefit of regents institutions and
 made through foundations established for support of regents
 institutions, including but not limited to written fund-raising
 fundraising policies and documents evidencing fund-raising
 fundraising practices, shall be subject to this chapter.
    Sec. 8. Section 23A.2, subsections 6, 7, and 8, Code 2023,
 are amended to read as follows:
    6. a. The director of the department of corrections, with
 the advice of the state prison industries advisory board, may,
 by rule, provide for exemptions from this chapter.
    b. This chapter shall not be construed to impair cooperative
 agreements between Iowa state industries and private
 enterprise.
    c. The director of the department of corrections, with the
 advice of the board of corrections, may, by rule, provide for
 exemption from this chapter for vocational-educational programs
 and farm operations of the department.
    7. However, this chapter shall not be construed to impair
 cooperative agreements between Iowa state industries and
 private enterprise.
    8. The director of the department of corrections, with the
 advice of the board of corrections, may by rule, provide for
 exemption from this chapter for vocational-educational programs
 and farm operations of the department.
    Sec. 9. Section 29C.9, subsection 3, Code 2023, is amended
 to read as follows:
    3. The name used by the commission shall be “(county name)
 county emergency management commission”. The name used by
 the office of the commission shall be “(county name) county
 emergency management agency”.
    Sec. 10. Section 35A.13, subsection 4, paragraph c,
 subparagraph (3), Code 2023, is amended to read as follows:
    (3) Costs for performance and compliance monitoring, and
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 accounting for fund investments.
    Sec. 11. Section 53.47, subsection 1, Code 2023, is amended
 to read as follows:
    1. In order to establish uniformity in size, weight,
 and other characteristics of the ballot and facilitate its
 distribution and return, the department of administrative
 services shall upon direction of the state commissioner
 purchase any material needed for any special ballots,
 envelopes, and other printed matter, and sell any such
 materials to the several counties of the state at cost plus
 handling and transportation costs.
    Sec. 12. Section 68A.304, subsection 1, paragraph a, Code
 2023, is amended to read as follows:
    a. Equipment, supplies, or other materials purchased
 with campaign funds or received in-kind in kind are campaign
 property.
    Sec. 13. Section 68A.701, Code 2023, is amended to read as
 follows:
    68A.701 Penalty.
    Any person who willfully violates any provisions of
 this chapter shall, upon conviction, be guilty of a serious
 misdemeanor.
    Sec. 14. Section 76.10, subsection 1, Code 2023, is amended
 to read as follows:
    1. All public bonds or obligations issued before or after
 July 1, 1983, may be in registered form. An issuer of public
 bonds or obligations may designate for a term as agreed upon,
 one or more persons, corporations, partnerships, or other
 associations located within or without the state to serve as
 trustee, transfer agent, registrar, depository, or paying or
 other agent in connection with the public bonds or obligations
 and to carry out services and functions which are customary in
 such capacities or convenient or necessary to comply with the
 intent and provisions of this chapter.
    Sec. 15. Section 80D.7, Code 2023, is amended to read as
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 follows:
    80D.7 Carrying weapons.
    A member of a reserve force shall not carry a weapon in
 the line of duty until the member has been approved by the
 governing body and certified by the Iowa law enforcement
 academy council to carry weapons. After approval and
 certification, a reserve peace officer may carry a weapon in
 the line of duty only when authorized by the chief of police,
 sheriff, commissioner of public safety or the commissioner’s
 designee, or director of the judicial district department of
 correctional services or the director’s designee, as the case
 may be.
    Sec. 16. Section 99F.6, subsection 4, paragraph a,
 subparagraph (4), Code 2023, is amended to read as follows:
    (4) A qualified sponsoring organization shall not make a
 contribution to a candidate, political committee, candidate’s
 committee, state statutory political committee, county
 statutory political committee, national political party, or
 fund-raising fundraising event as these terms are defined in
 section 68A.102. The membership of the board of directors of
 a qualified sponsoring organization shall represent a broad
 interest of the communities.
    Sec. 17. Section 100.14, Code 2023, is amended to read as
 follows:
    100.14 Legal proceedings —— penalties —— injunctive relief.
    At the request of the state fire marshal, the county
 attorney shall institute any legal proceedings on behalf of the
 state necessary to obtain compliance or enforce the penalty
 provisions of this chapter or rules or orders adopted or issued
 pursuant to this chapter, including, but not limited to, a
 legal action for injunctive relief. The county attorney or
 any other attorney acting on behalf of the chief of a fire
 department or a fire prevention officer may institute legal
 proceedings, including, but not limited to, a legal action for
 injunctive relief, to obtain compliance or enforce the penalty
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 provisions or orders issued pursuant to section 100.13.
    Sec. 18. Section 103.18, Code 2023, is amended to read as
 follows:
    103.18 License renewal —— continuing education.
    In order to renew a class A master electrician license, class
 B master electrician license, class A journeyman electrician
 license, or class B journeyman electrician license issued
 pursuant to this chapter, the licensee shall be required to
 complete eighteen contact hours of continuing education courses
 approved by the board during the three-year period for which a
 license is granted. The contact hours shall include a minimum
 of six contact hours studying the national electrical code
 described in section 103.6, and the remaining contact hours may
 include study of electrical circuit theory, blueprint reading,
 transformer and motor theory, electrical circuits and devices,
 control systems, programmable controllers, and microcomputers
 or any other study of electrical-related material that is
 approved by the board. Any additional hours studying the
 national electrical code shall be acceptable. For purposes of
 this section, “contact hour” means fifty minutes of classroom
 attendance at an approved course under a qualified instructor
 approved by the board.
    Sec. 19. Section 147.77, subsection 1, paragraph h,
 subparagraph (3), Code 2023, is amended to read as follows:
    (3) For the regulation of licensees in restricted areas of
 a racing facility, that licensees whose duties require them to
 be in a restricted area of a racing facility shall not have
 present within their systems any controlled substance as listed
 in schedules I to V of U.S.C. Tit. 21 (Food and Drug Section
 812) section 202 of the federal Controlled Substances Act,
 21 U.S.C. §812, chapter 124, or any prescription drug unless
 it was obtained directly or pursuant to valid prescription
 or order from a duly licensed physician who is acting in the
 course of professional practice.
    Sec. 20. Section 147F.1, subsection 2, paragraph a, Code
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 2023, is amended to read as follows:
    a. “Active duty military” means full-time duty status in
 the active uniformed service of the United States, including
 members of the national guard and the reserves on active duty
 orders pursuant to 10 U.S.C. §1209 ch. 1209 and 10 U.S.C. §1211
 ch. 1211.
    Sec. 21. Section 147F.1, subsection 6, Code 2023, is amended
 to read as follows:
    6. Active duty military personnel or their spouses. Active
 duty military personnel, or their spouse spouses, shall
 designate a home state where the individual has a current
 license in good standing. The individual may retain the
 home state designation during the period the service member
 is on active duty. Subsequent to designating a home state,
 the individual shall only change their home state through
 application for licensure in the new state.
    Sec. 22. Section 147F.1, subsection 8, paragraph c,
 subparagraph (11), Code 2023, is amended to read as follows:
    (11) Accept any and all appropriate donations and grants
 of money, equipment, supplies, materials, and services, and
 receive, utilize, and dispose of the same; provided that at all
 times the commission shall avoid any appearance of impropriety
 or conflict of interest.
    Sec. 23. Section 151.10, Code 2023, is amended to read as
 follows:
    151.10 Education requirements.
    A person who is an applicant for a license to practice
 chiropractic shall only be required to be tested for the
 adjunctive procedures specified in section 151.1, subsection
 3, which the person chooses to utilize. A person licensed
 to practice chiropractic shall only be required to complete
 continuing education requirements for the adjunctive procedures
 specified in