Text: HSB706            Text: HSB708


House Study Bill 707

HOUSE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SWAIM) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved 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 and retroactive applicability date 7 provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 5698HC 82 10 lh/rj/5 PAG LIN 1 1 DIVISION I 1 2 MISCELLANEOUS PROVISIONS 1 3 Section 1. Section 1C.2, Code 2007, is amended to read as 1 4 follows: 1 5 1C.2 PAID HOLIDAYS. 1 6 1. State employees are granted, except as provided in the 1 7 fourth paragraph of this section subsection 3, the following 1 8 holidays off from employment with pay: 1 9 1. a. New Year's Day, January 1. 1 10 2. b. Martin Luther King, Jr.'s Birthday, the third 1 11 Monday in January. 1 12 3. c. Memorial Day, the last Monday in May. 1 13 4. d. Independence Day, July 4. 1 14 5. e. Labor Day, the first Monday in September. 1 15 6. f. Veterans Day, November 11. 1 16 7. g. Thanksgiving Day, the fourth Thursday in November. 1 17 8. h. Friday after Thanksgiving, the Friday following 1 18 Thanksgiving Day. 1 19 9. i. Christmas Day, December 25. 1 20 10. Two days of paid leave each year to be added to the 1 21 vacation allowance and accrued under the provisions of section 1 22 70A.1. 1 23 2. a. State employees are granted two days of paid leave 1 24 each year to be added to the vacation allowance and accrued 1 25 under the provisions of section 70A.1. The In addition, an 1 26 appointing authority shall grant not more than four additional 1 27 days of paid leave each year as required to implement contract 1 28 provisions negotiated pursuant to chapter 20. 1 29 b. The executive council may designate days off from 1 30 employment with pay in addition to those enumerated in this 1 31 section for state employees at its discretion. 1 32 3. If a holiday enumerated in this section falls on 1 33 Saturday, the preceding Friday shall be granted and if a 1 34 holiday enumerated in this section falls on Sunday, the 1 35 following Monday shall be granted. In those cases, where by 2 1 nature of the employment a state employee must be required to 2 2 work on a holiday the provisions of the first paragraph of 2 3 this section subsection 1 shall not apply, however, 2 4 compensation shall be made on the basis of the employee's 2 5 straight time hourly rate for a forty=hour workweek and shall 2 6 be made in either compensatory time off or cash payment, at 2 7 the discretion of the appointing authority unless otherwise 2 8 provided for in a collective bargaining agreement. 2 9 Notwithstanding any other provision of this section, an 2 10 employee of the state who does not accrue sick leave or 2 11 vacation, and who works on a holiday, shall receive regular 2 12 pay for the hours worked on that holiday and shall not 2 13 otherwise earn holiday compensatory pay. 2 14 4. A holiday or paid leave granted to a state employee 2 15 under this section shall be in addition to vacation time to 2 16 which a state employee is entitled under section 70A.1. 2 17 Sec. 2. Section 2.40, subsection 1, Code 2007, is amended 2 18 to read as follows: 2 19 1. a. A member of the general assembly may elect to 2 20 become a member of a state group insurance plan for employees 2 21 of the state established under chapter 509A subject to the 2 22 following conditions: 2 23 a. (1) The member shall be eligible for all state group 2 24 insurance plans on the basis of enrollment rules established 2 25 for full=time state employees excluded from collective 2 26 bargaining as provided in chapter 20. 2 27 b. (2) The member shall pay the premium for the plan 2 28 selected on the same basis as a full=time state employee 2 29 excluded from collective bargaining as provided in chapter 20. 2 30 c. (3) The member shall authorize a payroll deduction of 2 31 the premium due according to the member's pay plan selected 2 32 pursuant to section 2.10, subsection 4. 2 33 d. (4) The premium rate shall be the same as the premium 2 34 rate paid by a state employee for the plan selected. 2 35 b. A member of the general assembly may elect to become a 3 1 member of a state group insurance plan. A member of the 3 2 general assembly may continue membership in a state group 3 3 insurance plan without reapplication during the member's 3 4 tenure as a member of consecutive general assemblies. For the 3 5 purpose of electing to become a member of the state health or 3 6 medical service group insurance plan, a member of the general 3 7 assembly has the status of a "new hire", full=time state 3 8 employee following each election of that member in a general 3 9 or special election, or during the first subsequent annual 3 10 open enrollment. 3 11 c. In lieu of membership in a state health or medical 3 12 group insurance plan, a member of the general assembly may 3 13 elect to receive reimbursement for the costs paid by the 3 14 member for a continuation of a group coverage (COBRA) health 3 15 or medical insurance plan. The member shall apply for 3 16 reimbursement by submitting evidence of payment for a COBRA 3 17 health or medical insurance plan. The maximum reimbursement 3 18 shall be no greater than the state's contribution for health 3 19 or medical insurance family plan II. 3 20 d. A member of the general assembly who elects to become a 3 21 member of a state health or medical group insurance plan shall 3 22 be exempted from preexisting medical condition waiting 3 23 periods. A member of the general assembly may change programs 3 24 or coverage under the state health or medical service group 3 25 insurance plan during the month of January of odd=numbered 3 26 years, but program and coverage change selections shall be 3 27 subject to the enrollment rules established for full=time 3 28 state employees excluded from collective bargaining as 3 29 provided in chapter 20. 3 30 e. A person who has been a member of the general assembly 3 31 for two years and who has elected to be a member of a state 3 32 health or medical group insurance plan may continue to be a 3 33 member of such state health or medical group insurance plan by 3 34 requesting continuation in writing to the finance officer 3 35 within thirty=one days after leaving office. The continuing 4 1 former member of the general assembly shall pay the total 4 2 premium for the state plan and shall have the same rights to 4 3 change programs or coverage as state employees. This 4 4 paragraph shall not be construed to permit a former member to 4 5 become a member of a state health or medical group insurance 4 6 plan providing programs or coverage of a type that the former 4 7 member did not elect to continue pursuant to this paragraph. 4 8 f. In the event of the death of a former member of the 4 9 general assembly who has elected to continue to be a member of 4 10 a state health or medical group insurance plan, the surviving 4 11 spouse of the former member whose insurance would otherwise 4 12 terminate because of the death of the former member may elect 4 13 to continue to be a member of such state health or medical 4 14 group insurance plan by requesting continuation in writing to 4 15 the finance officer within thirty=one days after the death of 4 16 the former member. The surviving spouse of the former member 4 17 shall pay the total premium for the state plan and shall have 4 18 the same rights to change programs or coverage as state 4 19 employees. For purposes of this paragraph, health or medical 4 20 programs or coverage and dental programs or coverage are to be 4 21 treated separately and the rights to change programs or 4 22 coverage apply only to the type of programs or coverage that 4 23 the continuing former member has elected to continue. This 4 24 paragraph shall not be construed to permit a former member to 4 25 become a member of a state health or medical group insurance 4 26 plan providing programs or coverage of a type that the former 4 27 member did not elect to continue pursuant to this paragraph. 4 28 Sec. 3. Section 2C.16, Code 2007, is amended to read as 4 29 follows: 4 30 2C.16 RECOMMENDATIONS TO AGENCY. 4 31 1. If, The citizens' aide shall state recommendations to 4 32 an agency, if, after having considered a complaint and 4 33 whatever material the citizens' aide deems pertinent, the 4 34 citizens' aide finds substantiating facts that for any of the 4 35 following: 5 1 1. a. A matter should be further considered by the 5 2 agency;. 5 3 2. b. An administrative action should be modified or 5 4 canceled;. 5 5 3. c. A rule on which an administrative action is based 5 6 should be altered;. 5 7 4. d. Reasons should be given for an administrative 5 8 action; or. 5 9 5. e. Any other action should be taken by the agency, the 5 10 citizens' aide shall state the recommendations to the agency. 5 11 2. If the citizens' aide requests, the agency shall, 5 12 within twenty working days notify the citizens' aide of any 5 13 action taken on the recommendations or the reasons for not 5 14 complying with them. 5 15 3. If the citizens' aide believes that an administrative 5 16 action has occurred because of laws of which results are 5 17 unfair or otherwise objectionable, the citizens' aide shall 5 18 notify the general assembly concerning desirable statutory 5 19 change. 5 20 Sec. 4. Section 3.1, Code 2007, is amended to read as 5 21 follows: 5 22 3.1 FORM OF BILLS. 5 23 1. Bills designed to amend, revise, enact, codify, or 5 24 repeal a law: 5 25 1. a. Shall refer to the numbers of the sections or 5 26 chapters of the Code or Code Supplement to be amended or 5 27 repealed, but it is not necessary to refer to the sections or 5 28 chapters in the title. 5 29 2. b. Shall refer to the session of the general assembly 5 30 and the sections and chapters of the Acts to be amended if the 5 31 bill relates to a section or sections of an Act not appearing 5 32 in the Code or codified in a supplement to the Code. 5 33 3. c. All Shall express all references to statutes shall 5 34 be expressed in numerals. 5 35 4. 2. The title to a bill shall contain a brief statement 6 1 of the purpose of the bill, however all detail matters 6 2 properly connected with the subject so expressed may be 6 3 omitted from the title. 6 4 Sec. 5. Section 3.3, Code Supplement 2007, is amended to 6 5 read as follows: 6 6 3.3 HEADNOTES AND HISTORICAL REFERENCES. 6 7 Proper headnotes may be placed at the beginning of a 6 8 section of a bill or a Code section, and at the end of a Code 6 9 section there may be placed a reference to the section number 6 10 of the Code, or any Iowa Act from which the matter of the Code 6 11 section was taken. However, except as provided for the 6 12 uniform commercial code, pursuant to section 554.1107, 6 13 headnotes shall not be considered as part of the law as 6 14 enacted. Historical references shall not be considered as a 6 15 part of the law as enacted. 6 16 Sec. 6. Section 4.13, Code 2007, is amended to read as 6 17 follows: 6 18 4.13 GENERAL SAVINGS PROVISION. 6 19 1. The re=enactment reenactment, revision, amendment, or 6 20 repeal of a statute does not affect any of the following: 6 21 1. a. The prior operation of the statute or any prior 6 22 action taken thereunder; under the statute. 6 23 2. b. Any validation, cure, right, privilege, obligation, 6 24 or liability previously acquired, accrued, accorded, or 6 25 incurred thereunder; under the statute. 6 26 3. c. Any violation thereof of the statutue or penalty, 6 27 forfeiture, or punishment incurred in respect thereto to the 6 28 statute, prior to the amendment or repeal; or. 6 29 4. d. Any investigation, proceeding, or remedy in respect 6 30 of any privilege, obligation, liability, penalty, forfeiture, 6 31 or punishment; and the investigation, proceeding, or remedy 6 32 may be instituted, continued, or enforced, and the penalty, 6 33 forfeiture, or punishment imposed, as if the statute had not 6 34 been repealed or amended. 6 35 2. If the penalty, forfeiture, or punishment for any 7 1 offense is reduced by a re=enactment reenactment, revision, or 7 2 amendment of a statute, the penalty, forfeiture, or punishment 7 3 if not already imposed shall be imposed according to the 7 4 statute as amended. 7 5 Sec. 7. Section 7E.5, subsection 1, paragraph s, Code 7 6 2007, is amended to read as follows: 7 7 s. The department of human rights, created in section 7 8 216A.1, which has primary responsibility for services relating 7 9 to Latino persons, women, persons with disabilities, community 7 10 action agencies, criminal and juvenile justice planning, the 7 11 status of African=Americans, and deaf and hard=of=hearing 7 12 persons, and status of Iowans of Asian and Pacific Islander 7 13 heritage. 7 14 Sec. 8. Section 8A.101, subsection 1, unnumbered paragraph 7 15 1, Code Supplement 2007, is amended to read as follows: 7 16 "Agency" or "state agency" means a unit of state 7 17 government, which is an authority, board, commission, 7 18 committee, council, department, examining or licensing board, 7 19 or independent agency as defined in section 7E.4, including 7 20 but not limited to each principal central department 7 21 enumerated in section 7E.5. However, "agency" or "state 7 22 agency" does not mean any of the following: 7 23 Sec. 9. Section 8F.2, subsection 1, Code Supplement 2007, 7 24 is amended to read as follows: 7 25 1. "Agency" means a unit of state government, which is an 7 26 authority, board, commission, committee, council, department, 7 27 examining or licensing board, or independent agency as defined 7 28 in section 7E.4, including but not limited to each principal 7 29 central department enumerated in section 7E.5. However, 7 30 "agency" does not mean the Iowa public employees' retirement 7 31 system created under chapter 97B, the public broadcasting 7 32 division of the department of education created under section 7 33 256.81, the statewide fire and police retirement system 7 34 created under chapter 411, or an agricultural commodity 7 35 promotion board subject to a producer referendum. 8 1 Sec. 10. Section 9D.2, Code 2007, is amended to read as 8 2 follows: 8 3 9D.2 REGISTRATION REQUIRED. 8 4 1. a. A travel agency doing business in this state shall 8 5 register with the secretary of state as a travel agency if it 8 6 or its travel agent conducts the solicitation of an Iowa 8 7 resident. 8 8 b. A travel agency required to register under paragraph 8 9 "a" shall not permit a travel agent employed by the travel 8 10 agency to do business in this state unless the agency has 8 11 filed the required registration statement is registered with 8 12 the secretary of state. 8 13 2. A travel agent shall not knowingly do business in this 8 14 state unless and until the travel agency employing the travel 8 15 agent has is registered with the secretary of state as a 8 16 travel agency if the travel agency or any of the agency's 8 17 travel agents conduct the solicitation of an Iowa resident. 8 18 3. This section does not require registration for, or 8 19 prohibit, solicitation by mail or telecommunications of a 8 20 person with whom the travel agency has a previous travel 8 21 services provider=customer relationship, having previously 8 22 arranged travel related services for that customer on at least 8 23 one prior occasion. 8 24 4. "Doing business" in this state, for purposes of this 8 25 chapter, means any of the following: 8 26 a. Offering to sell or selling travel services, if the 8 27 offer is made or received within the state. 8 28 b. Offering to arrange, or arranging, travel services for 8 29 a fee or commission, direct or indirect, if the offer is made 8 30 or received in this state. 8 31 c. Offering to, or awarding travel services as a prize or 8 32 award, if the offer or award is made in or received in this 8 33 state. 8 34 5. An applicant shall complete the an application for 8 35 registration statement form provided by the secretary. The 9 1 registration statement application form must be accompanied by 9 2 the required bond or evidence of financial responsibility and 9 3 the registration fee. The registration statement application 9 4 form shall include all of the following information: 9 5 a. The name and signature of an officer or partner of a 9 6 business entity or the names and signatures of the principal 9 7 owner and operator if the agency is a sole proprietorship. 9 8 b. The name, address, and telephone number of the 9 9 applicant and the name of all travel agents employed by the 9 10 applicant travel agency. 9 11 c. The name, address, and telephone number of any person 9 12 who owns or controls, directly or indirectly, ten percent or 9 13 more of the applicant. 9 14 d. If the applicant is a foreign corporation or business, 9 15 the name and address of the corporation's agent in this state 9 16 for service of process. 9 17 e. Any additional information required by rule adopted by 9 18 the secretary pursuant to chapter 17A. 9 19 6. The application form shall be accompanied by a written 9 20 irrevocable consent to service of process. The consent must 9 21 provide that actions in connection with doing business in this 9 22 state may be commenced against the registrant in the proper 9 23 jurisdiction in this state in which the cause of action may 9 24 arise, or in which the plaintiff may reside, by service of 9 25 process on the secretary as the registrant's agent and 9 26 stipulating and agreeing that such service of process shall be 9 27 taken and held in all courts to be as valid and binding as if 9 28 service of process had been made upon the person according to 9 29 the laws of this or any other state. The consent to service 9 30 of process shall be in such form and supported by such 9 31 additional information as the secretary may by rule require. 9 32 7. An annual registration fee as established by the 9 33 secretary by rule is required at the time the application for 9 34 registration statement form is filed with the secretary, and 9 35 on or before the anniversary date of the effective date of 10 1 registration for each subsequent year. The registration fee 10 2 shall be established at a rate deemed reasonably necessary by 10 3 the secretary to support the administration of this chapter, 10 4 but not to exceed fifteen dollars per year per agency. If an 10 5 applicant or a registrant fails to pay the annual registration 10 6 fee, the application for registration or registration lapses 10 7 and becomes ineffective. 10 8 8. A registrant shall submit to the secretary corrections 10 9 to the information supplied in the registration statement form 10 10 within a reasonable time after a change in circumstances, 10 11 which circumstances would be required to be reported in an 10 12 initial application for registration statement form, except 10 13 travel agents' names as required in subsection 5, paragraph 10 14 "b". The names of travel agents shall be updated at the time 10 15 of annual registration. 10 16 9. The secretary may revoke or suspend a registration for 10 17 cause subject to the contested case provisions of chapter 17A. 10 18 Sec. 11. Section 9D.3, Code 2007, is amended to read as 10 19 follows: 10 20 9D.3 EVIDENCE OF FINANCIAL SECURITY. 10 21 1. An application for registration of a travel agency must 10 22 be accompanied by a surety or cash performance bond in 10 23 conformity with rules adopted by the secretary in the 10 24 principal amount of ten thousand dollars, with an aggregate 10 25 limit of ten thousand dollars. The bond shall be executed by 10 26 a surety company authorized to do business in this state, and 10 27 the bond shall be continuous in nature until canceled by the 10 28 surety with not less than sixty days' written notice to both 10 29 the registrant travel agency and to the secretary. The notice 10 30 shall indicate the surety's intent to cancel the bond on a 10 31 date at least sixty days after the date of the notice. 10 32 2. a. The bond shall be payable to the state for the use 10 33 and benefit of either: 10 34 a. (1) A person who is injured by the fraud, 10 35 misrepresentation, or financial failure of the travel agency 11 1 or a travel agent employed by the travel agency. 11 2 b. (2) The state on behalf of a person or persons under 11 3 paragraph "a". 11 4 b. The bond shall be conditioned such that the registrant 11 5 will pay any judgment recovered by a person in a court of this 11 6 state in a suit for actual damages, including reasonable 11 7 attorney's fees, or for rescission, resulting from a cause of 11 8 action involving the sale or offer of sale of travel services. 11 9 The bond shall be open to successive claims, but the aggregate 11 10 amount of the claims paid shall not exceed the principal 11 11 amount of the bond. 11 12 3. If a an applicant or registrant has contracted with the 11 13 airlines reporting corporation or the passenger network 11 14 services corporation, or similar organizations approved by the 11 15 secretary of state with equivalent bonding requirements for 11 16 participation, in lieu of the bond required by subsection 1, 11 17 the applicant or registrant may file with the secretary a 11 18 certified copy of the official approval and appointment of the 11 19 applicant or registrant from the airlines reporting 11 20 corporation or the passenger network services corporation. 11 21 4. In lieu of any bond or guarantee required to be 11 22 provided by this section, a an applicant or registrant may do 11 23 any of the following: 11 24 a. File with secretary proof of professional liability and 11 25 errors and omissions insurance in an amount of at least one 11 26 million dollars annually. 11 27 b. Deposit with the secretary cash, securities, or a 11 28 statement from a federally insured financial institution 11 29 guaranteeing the performance of the applicant or registrant up 11 30 to a maximum of ten thousand dollars to be held or applied to 11 31 the purposes to which the proceeds of the bond would otherwise 11 32 be applied. 11 33 Sec. 12. Section 13A.3, Code 2007, is amended to read as 11 34 follows: 11 35 13A.3 MEMBERSHIP AND TERMS. 12 1 1. The council shall consist of five members as follows: 12 2 1. a. The attorney general or the attorney general's 12 3 designated representative. 12 4 2. b. The president of the Iowa county attorneys 12 5 association or its successor. 12 6 3. c. Three members elected by the Iowa county attorneys 12 7 association or its successor. 12 8 2. A member shall vacate an appointment upon termination 12 9 of the member's official position as a prosecuting attorney or 12 10 an attorney general. A vacancy shall be filled in the same 12 11 manner as the original appointment. A member appointed to 12 12 fill a vacancy created other than by expiration of a term on 12 13 the council shall be appointed for the unexpired term of the 12 14 member whom the new member is to succeed in the same manner as 12 15 the original appointment. Any member may be reappointed for 12 16 an additional term. 12 17 3. The terms of the elected members shall be three years 12 18 and shall begin January 1, 1976, but initial terms shall be 12 19 staggered so that the elected members shall serve terms of 12 20 one, two, and three years respectively one member is elected 12 21 each year. 12 22 Sec. 13. Section 15.421, subsections 2 and 3, Code 12 23 Supplement 2007, are amended to read as follows: 12 24 2. a. The commission shall consist of include fifteen 12 25 voting members appointed by the governor, subject to 12 26 confirmation by the senate. At the time of appointment or 12 27 reappointment, a voting member shall be at least eighteen 12 28 years of age, but less than thirty=five years of age. The 12 29 voting membership shall reflect diversity within all of the 12 30 following areas: 12 31 (1) Geographic location within the state. 12 32 (2) Public, private, and nonprofit sector employment. 12 33 (3) Location of secondary and higher education within and 12 34 outside Iowa. 12 35 (4) Urban and rural residents. 13 1 (5) Multicultural diversity. 13 2 b. Four members of the general assembly shall serve as 13 3 nonvoting, ex officio members of the commission with two from 13 4 the senate and two from the house of representatives and not 13 5 more than one member from each chamber being from the same 13 6 political party. The two senators shall be designated by the 13 7 president of the senate after consultation with the majority 13 8 and minority leaders of the senate. The two representatives 13 9 shall be designated by the speaker of the house of 13 10 representatives after consultation with the majority and 13 11 minority leaders of the house of representatives. 13 12 3. The voting members shall be appointed in compliance 13 13 with the requirements of sections 69.16, 69.16A, and 69.19, 13 14 and shall serve staggered, three=year terms as designated by 13 15 the governor. Members Voting members may be reappointed by 13 16 the governor provided the requirements of subsection 2 are 13 17 met. 13 18 Sec. 14. Section 15E.17, subsection 4, Code 2007, is 13 19 amended to read as follows: 13 20 4. Subsections 2 and 3 do not apply to the following: 13 21 a. The utilities division of the department of commerce 13 22 insofar as the information relates to public utilities. 13 23 b. The banking division of the department of commerce. 13 24 c. The savings and loan division of the department of 13 25 commerce. 13 26 d. c. The credit union division of the department of 13 27 commerce. 13 28 Sec. 15. Section 15G.111, subsection 2, Code Supplement 13 29 2007, is amended to read as follows: 13 30 2. a. For the fiscal period beginning July 1, 2005, and 13 31 ending June 30, 2015, there is appropriated each fiscal year 13 32 from the grow Iowa values fund created in section 15G.108 to 13 33 the department of economic development five million dollars 13 34 for financial assistance to institutions of higher learning 13 35 under the control of the state board of regents for capacity 14 1 building infrastructure in areas related to technology 14 2 commercialization, for marketing and business development 14 3 efforts in areas related to technology commercialization, 14 4 entrepreneurship, and business growth, and for infrastructure 14 5 projects and programs needed to assist in the implementation 14 6 of activities under chapter 262B. In allocating moneys to 14 7 institutions under the control of the state board of regents, 14 8 the board shall require the institutions to provide a 14 9 one=to=one match of additional moneys for the activities 14 10 funded with moneys appropriated under this subsection. The 14 11 state board of regents shall annually prepare a report for 14 12 submission to the governor, the general assembly, and the 14 13 legislative services agency regarding the activities, 14 14 projects, and programs funded with moneys appropriated under 14 15 this subsection. 14 16 b. The state board of regents may allocate any moneys 14 17 appropriated under this subsection and received from the 14 18 department for financial assistance to a single biosciences 14 19 development organization determined by the department to 14 20 possess expertise in promoting the area of bioscience 14 21 entrepreneurship. The organization must be composed of 14 22 representatives of both the public and the private sector and 14 23 shall be composed of subunits or subcommittees in the areas of 14 24 existing identified biosciences platforms, education and 14 25 workforce development, commercialization, communication, 14 26 policy and governance, and finance. Such financial assistance 14 27 shall be used for purposes of activities related to 14 28 biosciences and bioeconomy development under chapter 262B, and 14 29 to accredited private universities in this state. 14 30 By September 30, 2007, the legislative services agency 14 31 shall submit a written report to the fiscal committee of the 14 32 legislative council and the standing committees on economic 14 33 growth in the senate and the house of representatives 14 34 regarding a review of expenditures by the state board of 14 35 regents from appropriations under this subsection and 2006 15 1 Iowa Acts, ch. 1179, section 14. 15 2 Sec. 16. Section 16.3, subsection 11, Code Supplement 15 3 2007, is amended by striking the subsection. 15 4 Sec. 17. Section 16.5, subsection 1, paragraphs f and m, 15 5 Code Supplement 2007, are amended to read as follows: 15 6 f. By rule, the board authority shall adopt procedures 15 7 relating to competitive bidding, including the identification 15 8 of those circumstances under which competitive bidding by the 15 9 authority, either formally or informally, shall be required. 15 10 In any bidding process, the authority may administer its own 15 11 bidding and procurement or may utilize the services of the 15 12 department of administrative services or any other agency. 15 13 Except when such rules apply, the authority and all contracts 15 14 made by it in carrying out its public and essential 15 15 governmental functions with respect to any of its programs 15 16 shall be exempt from the provisions and requirements of all 15 17 laws or rules of the state which require competitive bids in 15 18 connection with the letting of such contracts. 15 19 m. In cooperation with other local, state, or federal 15 20 governmental agencies, conduct research studies, develop 15 21 estimates of unmet housing needs, and gather and compile data 15 22 useful to facilitate facilitating decision making, and enter 15 23 into agreements to carry out programs within or without the 15 24 state which the authority finds to be consistent with the 15 25 goals of the authority. 15 26 Sec. 18. Section 24.20, Code 2007, is amended to read as 15 27 follows: 15 28 24.20 TAX RATES FINAL. 15 29 The several tax rates and levies of the municipalities thus 15 30 determined and certified in the manner provided in the 15 31 preceding sections 24.1 through 24.19, except such as are 15 32 authorized by a vote of the people, shall stand as the tax 15 33 rates and levies of said municipality for the ensuing fiscal 15 34 year for the purposes set out in the budget. 15 35 Sec. 19. Section 26.13, Code Supplement 2007, is amended 16 1 to read as follows: 16 2 26.13 EARLY RELEASE OF RETAINED FUNDS. 16 3 1. For purposes of this section: 16 4 a. "Authorized contract representative" means the person 16 5 chosen by the governmental entity or the department to 16 6 represent its interests or the person designated in the 16 7 contract as the party representing the governmental entity's 16 8 or the department's interest regarding administration and 16 9 oversight of the project. 16 10 b. "Department" means the state department of 16 11 transportation. 16 12 c. "Substantially completed" means the first date on which 16 13 any of the following occurs: 16 14 (1) Completion of the public improvement project or the 16 15 highway, bridge, or culvert project or when the work on the 16 16 public improvement or the highway, bridge, or culvert project 16 17 has been substantially completed in general accordance with 16 18 the terms and provisions of the contract. 16 19 (2) The work on the public improvement or on the 16 20 designated portion is substantially completed in general 16 21 accordance with the terms of the contract so that the 16 22 governmental entity or the department can occupy or utilize 16 23 the public improvement or designated portion of the public 16 24 improvement for its intended purpose. This subparagraph shall 16 25 not apply to highway, bridge, or culvert projects. 16 26 (3) The public improvement project or the highway, bridge, 16 27 or culvert project is certified as having been substantially 16 28 completed by either of the following: 16 29 (a) The architect or engineer authorized to make such 16 30 certification. 16 31 (b) The authorized contract representative. 16 32 (4) The governmental entity or the department is occupying 16 33 or utilizing the public improvement for its intended purpose. 16 34 This subparagraph shall not apply to highway, bridge, or 16 35 culvert projects. 17 1 2. Payments made by a governmental entity or the state 17 2 department of transportation for the construction of public 17 3 improvements and highway, bridge, or culvert projects shall be 17 4 made in accordance with the provisions of chapter 573, except 17 5 as provided in this section. For purposes of this section, 17 6 "department" means the state department of transportation.: 17 7 1. a. At any time after all or any part of the work on 17 8 the public improvement or highway, bridge, or culvert project 17 9 is substantially completed, the contractor may request the 17 10 release of all or part of the retained funds owed. The 17 11 request shall be accompanied by a sworn statement of the 17 12 contractor that, ten calendar days prior to filing the 17 13 request, notice was given as required by subsection 7 17 14 paragraphs "f" and "g" to all known subcontractors, 17 15 sub=subcontractors, and suppliers. 17 16 2. b. Except as provided under subsection 3 paragraph 17 17 "c", upon receipt of the request, the governmental entity or 17 18 the department shall release all or part of the retained 17 19 funds. Retained funds that are approved as payable shall be 17 20 paid at the time of the next monthly payment or within thirty 17 21 days, whichever is sooner. If partial retained funds are 17 22 released pursuant to a contractor's request, no retained funds 17 23 shall be subsequently held based on that portion of the work. 17 24 If within thirty days of when payment becomes due the 17 25 governmental entity or the department does not release the 17 26 retained funds due, interest shall accrue on the amount of 17 27 retained funds at the rate of interest that is calculated as 17 28 the prime rate plus one percent per year as of the day 17 29 interest begins to accrue until the amount is paid. 17 30 3. c. If labor and materials are yet to be provided at 17 31 the time the request for the release of the retained funds is 17 32 made, an amount equal to two hundred percent of the value of 17 33 the labor or materials yet to be provided, as determined by 17 34 the governmental entity's or the department's authorized 17 35 contract representative, may be withheld until such labor or 18 1 materials are provided. For purposes of this section, 18 2 "authorized contract representative" means the person chosen 18 3 by the governmental entity or the department to represent its 18 4 interests or the person designated in the contract as the 18 5 party representing the governmental entity's or the 18 6 department's interest regarding administration and oversight 18 7 of the project. 18 8 4. d. An itemization of the labor or materials yet to be 18 9 provided, or the reason that the request for release of 18 10 retained funds is denied, shall be provided to the contractor 18 11 in writing within thirty calendar days of the receipt of the 18 12 request for release of retained funds. 18 13 5. For purposes of this section, "substantially completed" 18 14 means the first date on which any of the following occurs: 18 15 a. Completion of the public improvement project or the 18 16 highway, bridge, or culvert project or when the work on the 18 17 public improvement or the highway, bridge, or culvert project 18 18 has been substantially completed in general accordance with 18 19 the terms and provisions of the contract. 18 20 b. The work on the public improvement or on the designated 18 21 portion is substantially completed in general accordance with 18 22 the terms of the contract so that the governmental entity or 18 23 the department can occupy or utilize the public improvement or 18 24 designated portion of the public improvement for its intended 18 25 purpose. This paragraph shall not apply to highway, bridge, 18 26 or culvert projects. 18 27 c. The public improvement project or the highway, bridge, 18 28 or culvert project is certified as having been substantially 18 29 completed by either of the following: 18 30 (1) The architect or engineer authorized to make such 18 31 certification. 18 32 (2) The authorized contract representative. 18 33 d. The governmental entity or the department is occupying 18 34 or utilizing the public improvement for its intended purpose. 18 35 This paragraph shall not apply to highway, bridge, or culvert 19 1 projects. 19 2 6. e. The contractor shall release retained funds to the 19 3 subcontractor or subcontractors in the same manner as retained 19 4 funds are released to the contractor by the governmental 19 5 entity or the department. Each subcontractor shall pass 19 6 through to each lower tier subcontractor all retained fund 19 7 payments from the contractor. 19 8 7. f. Prior to applying for release of retained funds, 19 9 the contractor shall send a notice to all known 19 10 subcontractors, sub=subcontractors, and suppliers that 19 11 provided labor or materials for the public improvement project 19 12 or the highway, bridge, or culvert project. 19 13 g. The notice shall be substantially similar to the 19 14 following: 19 15 "NOTICE OF CONTRACTOR'S 19 16 REQUEST FOR EARLY RELEASE 19 17 OF RETAINED FUNDS 19 18 You are hereby notified that will be 19 19 requesting an early release of funds on a public improvement 19 20 project or a highway, bridge, or culvert project designated as 19 21 for which you have or may have provided 19 22 labor or materials. The request will be made pursuant to Iowa 19 23 Code section 26.13. The request may be filed with the after ten calendar days 19 25 from the date of this notice. The purpose of the request is 19 26 to have release 19 27 and pay funds for all work that has been performed and charged 19 28 to as of the date 19 29 of this notice. This notice is provided in accordance with 19 30 Iowa Code section 26.13." 19 31 Sec. 20. Section 35A.5, subsection 10, Code Supplement 19 32 2007, is amended to read as follows: 19 33 10. Establish and operate a state veterans cemetery and 19 34 make application to the government of the United States or any 19 35 subdivision, agency, or instrumentality thereof, for funds for 20 1 the purpose of establishing such a cemetery. 20 2 a. The state department may enter into agreements with any 20 3 subdivision of the state for assistance in operating the 20 4 cemetery. 20 5 b. The state shall own the land on which the cemetery is 20 6 located. 20 7 c. The department shall have the authority to accept 20 8 federal grant funds, funding from state subdivisions, 20 9 donations from private sources, and federal "plot allowance" 20 10 payments. 20 11 d. The department through the director shall have the 20 12 authority to accept suitable cemetery land, in accordance with 20 13 federal veterans cemetery grant guidelines, from the federal 20 14 government, state government, state subdivisions, private 20 15 sources, and any other source wishing to transfer land for use 20 16 as a veterans cemetery. 20 17 e. The department may lease or use property received 20 18 pursuant to this subsection for any purpose so long as such 20 19 leasing or use does not interfere with the use of the property 20 20 for cemetery purposes and is not contrary to federal or state 20 21 guidelines. 20 22 f. All funds received pursuant to this subsection, 20 23 including lease payments or funds generated from any activity 20 24 engaged in on any property accepted pursuant to this 20 25 subsection, shall be deposited into an account dedicated to 20 26 the establishment, operation, and maintenance of a veterans 20 27 cemetery and these funds shall be expended only for those 20 28 purposes. 20 29 g. Notwithstanding section 8.33, any moneys in the account 20 30 for a state veterans cemetery shall not revert and, 20 31 notwithstanding section 12C.7, subsection 2, interest or 20 32 earnings on moneys deposited in the fund shall be credited to 20 33 the account. 20 34 Sec. 21. Section 35A.8, subsection 5, paragraph a, Code 20 35 Supplement 2007, is amended to read as follows: 21 1 a. The executive director shall provide for the 21 2 administration of the bonus authorized in this subsection. 21 3 The commission department shall adopt rules, pursuant to 21 4 chapter 17A, as necessary to administer this subsection 21 5 including but not limited to application procedures, 21 6 investigation, approval or disapproval, and payment of claims. 21 7 Sec. 22. Section 46.16, subsection 1, Code 2007, is 21 8 amended to read as follows: 21 9 1. Subject to sections 602.1610 and 602.1612 and to 21 10 removal for cause: 21 11 a. The initial term of office of judges of the supreme 21 12 court, court of appeals and district court shall be for one 21 13 year after appointment and until January 1 following the next 21 14 judicial election after expiration of such year; and 21 15 b. The regular term of office of judges of the supreme 21 16 court retained at a judicial election shall be eight years, 21 17 and of judges of the court of appeals and district court so 21 18 retained shall be six years, from the expiration of their 21 19 initial or previous regular term as the case may be. 21 20 For the purpose of initial appointments to the court of 21 21 appeals, two of the judges appointed shall serve an irregular 21 22 term ending December 31 of the fourth year after expiration of 21 23 the initial term prescribed in subsection 1 and two of the 21 24 judges appointed shall serve an irregular term ending December 21 25 31 of the fifth year after expiration of the initial term 21 26 prescribed in subsection 1. Expiration of irregular terms 21 27 shall be deemed expiration of regular terms for all purposes. 21 28 Sec. 23. Section 68A.503, subsection 2, paragraph a, Code 21 29 Supplement 2007, is amended to read as follows: 21 30 a. Except as provided in subsection 3, it is unlawful for 21 31 a member of a committee, or its employee or representative, 21 32 except a ballot issue committee, or for a candidate for office 21 33 or the representative of the candidate, to solicit, request, 21 34 or knowingly receive from an insurance company, savings and 21 35 loan association, bank, credit union, or corporation organized 22 1 pursuant to the laws of this state, the United States, or any 22 2 other state, territory, or foreign country, whether for profit 22 3 or not, or its officer, agent, or representative, any money, 22 4 property, or thing of value belonging to the insurance 22 5 company, savings and loan association, bank, credit union, or 22 6 corporation for campaign expenses, or to expressly advocate 22 7 that the vote of an elector be used to nominate, elect, or 22 8 defeat a candidate for public office. 22 9 Sec. 24. Section 68B.4A, subsection 4, Code 2007, is 22 10 amended to read as follows: 22 11 4. The selling of any goods or services by the legislative 22 12 employee does not cause the official or employee to sell goods 22 13 or services to the general assembly on behalf of the 22 14 individual, association, or corporation. 22 15 Sec. 25. Section 80B.11, subsection 1, paragraph c, 22 16 subparagraph (2), Code Supplement 2007, is amended to read as 22 17 follows: 22 18 (2) In=service training under this paragraph "c" shall 22 19 include the requirement that by December 31, 1994, all law 22 20 enforcement officers complete a course on investigation, 22 21 identification, and reporting of public offenses based on the 22 22 race, color, religion, ancestry, national origin, political 22 23 affiliation, sex, sexual orientation, age, or disability of 22 24 the victim. The director shall consult with the civil rights 22 25 commission, the department of public safety, and the 22 26 prosecuting attorneys training coordinator in developing the 22 27 requirements for this course and may contract with outside 22 28 providers for this course. 22 29 Sec. 26. Section 86.2, Code 2007, is amended to read as 22 30 follows: 22 31 86.2 APPOINTMENT OF DEPUTIES AND ASSISTANTS. 22 32 1. The commissioner may appoint: 22 33 1. a. Chief deputy workers' compensation commissioners 22 34 for whose acts the commissioner is responsible, who are exempt 22 35 from the merit system provisions of chapter 8A, subchapter IV, 23 1 and who shall serve at the pleasure of the commissioner. 23 2 2. b. Deputy workers' compensation commissioners for 23 3 whose acts the commissioner is responsible and who shall serve 23 4 at the pleasure of the commissioner. 23 5 2. All chief deputies and deputies must be lawyers 23 6 admitted to practice in this state. 23 7 3. The commissioner may appoint one or more chief deputy 23 8 workers' compensation commissioners and one or more assistant 23 9 deputy workers' compensation commissioners. A chief deputy 23 10 workers' compensation commissioner or an assistant a deputy 23 11 workers' compensation commissioner shall perform such 23 12 additional administrative responsibilities as are deemed 23 13 reasonably necessary and assigned by the commissioner. 23 14 Sec. 27. Section 87.1, subsection 1, Code Supplement 2007, 23 15 is amended to read as follows: 23 16 1. Every employer subject to the provisions of this 23 17 chapter and chapters 85, 85A, 85B, and 86, unless relieved 23 18 therefrom as hereinafter provided from the requirements 23 19 imposed under this chapter and chapters 85, 85A, 85B, and 86, 23 20 shall insure the employer's liability thereunder under this 23 21 chapter and chapters 85, 85A, 85B, and 86 in some corporation, 23 22 association, or organization approved by the commissioner of 23 23 insurance. 23 24 Sec. 28. Section 87.22, Code 2007, is amended to read as 23 25 follows: 23 26 87.22 CORPORATE OFFICER EXCLUSION FROM WORKERS' 23 27 COMPENSATION OR EMPLOYERS' LIABILITY COVERAGE. 23 28 1. The president, vice president, secretary, and treasurer 23 29 of a corporation other than a family farm corporation, but not 23 30 to exceed four officers per corporation, may exclude 23 31 themselves from workers' compensation coverage under chapters 23 32 85, 85A, and 85B by knowingly and voluntarily rejecting 23 33 workers' compensation coverage by signing, and attaching to 23 34 the workers' compensation or employers' liability policy a 23 35 written rejection, or if such a policy is not issued, by 24 1 signing a written rejection which is witnessed by two 24 2 disinterested individuals who are not, formally or informally, 24 3 affiliated with the corporation and which is filed by the 24 4 corporation with the workers' compensation commissioner,. 24 5 2. The written rejection shall be in substantially the 24 6 following form: 24 7 REJECTION OF WORKERS' 24 8 COMPENSATION OR EMPLOYERS' 24 9 LIABILITY COVERAGE 24 10 I understand that by signing this statement I reject the 24 11 coverage of chapters 85, 85A, and 85B of the Code of Iowa 24 12 relating to workers' compensation. 24 13 I understand that my rejection of the coverage of chapters 24 14 85, 85A, and 85B is not a waiver of any rights or remedies 24 15 available to me or to others on my behalf in a civil action 24 16 related to personal injuries sustained by me arising out of 24 17 and in the course of my employment with the corporation. 24 18 I also understand that by signing this statement and 24 19 checking alternative (1) below I reject employers' liability 24 20 coverage for bodily injuries or death sustained by me arising 24 21 out of and in the course of my employment with the 24 22 corporation. (Check either alternative (1) or (2):) 24 23 (1) I reject the employers' liability coverage. 24 24 (2) I decline to reject the employers' liability coverage. 24 25 Signed .............................. 24 26 Corporate Office .................... 24 27 Date ................................ 24 28 City, County, State 24 29 of Residence ........................ 24 30 Witness .......... 24 31 Witness .......... 24 32 I also understand that the signing of this statement and 24 33 checking of alternative (1) below by an authorized agent of 24 34 the corporation rejects for the corporation employers' 24 35 liability coverage for bodily injuries or death sustained by 25 1 me arising out of and in the course of my employment with the 25 2 corporation. (Check either alternative (1) or (2):) 25 3 (1) The corporation rejects the employers' liability 25 4 coverage. 25 5 (2) The corporation declines to reject the employers' 25 6 liability coverage. 25 7 Signed .............................. 25 8 Relationship to Corporation ......... 25 9 Date ................................ 25 10 City, County, State 25 11 of Residence ........................ 25 12 Witness .......... 25 13 Witness .......... 25 14 3. The rejection of workers' compensation coverage is not 25 15 enforceable if it is required as a condition of employment. 25 16 4. A corporate officer who signs a written rejection filed 25 17 with the workers' compensation commissioner may terminate the 25 18 rejection by signing a written notice of termination which is 25 19 witnessed by two disinterested individuals, who are not, 25 20 formally or informally, affiliated with the corporation and 25 21 which is filed by the corporation with the workers' 25 22 compensation commissioner. 25 23 Sec. 29. Section 89.7A, subsection 1, Code Supplement 25 24 2007, is amended to read as follows: 25 25 1. The commissioner shall issue a certificate of 25 26 inspection valid for the period specified in section 89.3 25 27 after the payment of a fee, the filing of an inspection 25 28 report, and the correction or other appropriate resolution of 25 29 any defects identified in the inspection report. The 25 30 certificate shall be posted at a place near the location of 25 31 the equipment. 25 32 Sec. 30. Section 97B.49G, subsection 2, paragraph b, Code 25 33 2007, is amended to read as follows: 25 34 b. (1) Effective July 1, 1978, for each member who 25 35 retired from the retirement system prior to January 1, 1976, 26 1 the amount of regular monthly retirement allowance 26 2 attributable to membership service and prior service that was 26 3 payable to the member for June 1978 is increased as follows: 26 4 (1) (a) For the first ten years of service, fifty cents 26 5 per month for each complete year of service. 26 6 (2) (b) For the eleventh through the twentieth years of 26 7 service, two dollars per month for each complete year of 26 8 service. 26 9 (3) (c) For the twenty=first through the thirtieth years 26 10 of service, three dollars per month for each complete year of 26 11 service. 26 12 (2) Effective July 1, 1979, the increases granted to 26 13 members under this subparagraph paragraph "b" shall be paid to 26 14 contingent annuitants and to beneficiaries. 26 15 Sec. 31. Section 100B.22, subsection 1, paragraph b, Code 26 16 Supplement 2007, is amended to read as follows: 26 17 b. The public agencies named in paragraph "a", 26 18 subparagraphs (1) through (10), shall, in conjunction with the 26 19 bureau, coordinate fire service training programs as described 26 20 in section 100B.6 at each training center. 26 21 Sec. 32. Section 100B.22, subsection 2, paragraph a, Code 26 22 Supplement 2007, is amended to read as follows: 26 23 a. A lead public agency listed in subsection 1, paragraph 26 24 "a", subparagraphs (1) through (11), shall submit an 26 25 application to the bureau in order to be eligible to receive a 26 26 state appropriation for the agency's training center. The 26 27 bureau shall prescribe the form of the application and, on or 26 28 before August 15, 2006, shall provide such application to each 26 29 lead public agency. 26 30 Sec. 33. Section 100C.10, subsection 4, Code Supplement 26 31 2007, is amended to read as follows: 26 32 4. The commissioner shall initially appoint two members 26 33 for two=year terms, two members for four=year terms, and three 26 34 members for six=year terms. Following the expiration of the 26 35 terms of initially appointed members, each term thereafter 27 1 shall be for a period of six years. No member shall serve 27 2 more than two consecutive terms. Of the appointments to new 27 3 positions on the board which take effect July 1, 2007, the 27 4 commissioner shall make the initial appointments for two, 27 5 four, or six years, at the commissioner's discretion, so that 27 6 the terms of no more than four board members shall expire at 27 7 the same time. If a position on the board becomes vacant 27 8 prior to the expiration of a member's term, the member 27 9 appointed to the vacancy shall serve the balance of the 27 10 unexpired term. 27 11 Sec. 34. Section 103.6, subsection 2, unnumbered paragraph 27 12 1, Code Supplement 2007, is amended to read as follows: 27 13 2. Revoke, suspend, or refuse to renew any license granted 27 14 pursuant to this chapter when the licensee does any of the 27 15 following: 27 16 Sec. 35. Section 103.22, subsection 10, Code Supplement 27 17 2007, is amended to read as follows: 27 18 10. Apply to a person performing alarm system 27 19 installations pursuant to section 103.14 or to a person who is 27 20 engaged in the design, installation, erection, repair, 27 21 maintenance, or alteration of class two or class three remote 27 22 control, signaling, or power=limited circuits, optical fiber 27 23 cables or other cabling, or communications circuits, including 27 24 raceways, as defined in the national electrical code for 27 25 voice, video, audio, and data signals in commercial or 27 26 residential premises. 27 27 Sec. 36. Section 103A.21, subsection 2, Code Supplement 27 28 2007, is amended to read as follows: 27 29 2. Violation of this chapter shall not impose any 27 30 disability upon or affect or impair the credibility as a 27 31 witness, or otherwise, of any person. 27 32 Violations of this section shall be simple misdemeanors. 27 33 Sec. 37. Section 135.20, subsection 2, Code Supplement 27 34 2007, is amended to read as follows: 27 35 2. The information to be distributed shall be determined 28 1 by the department by rule, in consultation with the department 28 2 of veterans affairs. The department shall cooperate with the 28 3 department of veterans affairs regarding distribution of the 28 4 information to the veterans home, the county commissions of 28 5 veteran affairs, veterans hospitals, and other appropriate 28 6 points of distribution. The information shall, at a minimum, 28 7 contain statements indicating that: 28 8 a. The federal department of veterans affairs estimates a 28 9 hepatitis C infection rate in veterans more than three times 28 10 higher than for the general population. 28 11 b. The infection rate for Vietnam veterans is estimated to 28 12 be even higher than for other veterans groups. 28 13 c. The disease is caused by a bloodborne virus readily 28 14 transmitted during combat and combat=related emergency medical 28 15 treatment. 28 16 d. Many veterans currently carrying the virus were 28 17 infected prior to the development of medical screening tests. 28 18 e. The hepatitis C virus often resolves into a chronic 28 19 infection without symptoms for ten to thirty years before 28 20 signs of resultant liver disease appear. 28 21 f. This unusually long latency period makes it difficult 28 22 to connect current symptoms with an infection that may have 28 23 actually been contracted during military service decades ago. 28 24 g. The information shall also present treatment options 28 25 and shall specify a procedure to be followed for veterans 28 26 desiring a medical consultation for screening and treatment 28 27 purposes. The department shall cooperate with the department 28 28 of veterans affairs regarding distribution of the information 28 29 to the veterans home, the county commissions of veteran 28 30 affairs, veterans hospitals, and other appropriate points of 28 31 distribution. 28 32 Sec. 38. Section 147.88, Code Supplement 2007, is amended 28 33 to read as follows: 28 34 147.88 INSPECTIONS. 28 35 The department of inspections and appeals may perform 29 1 inspections as required by this subtitle, except for 29 2 inspections for the board of medicine, board of pharmacy, 29 3 board of nursing, and the dental board. The department of 29 4 inspections and appeals shall employ personnel related to the 29 5 inspection functions. 29 6 Sec. 39. Section 172B.4, subsection 3, Code 2007, is 29 7 amended to read as follows: 29 8 3. LAW ENFORCEMENT OFFICER. 29 9 a. A law enforcement officer, upon requesting and 29 10 receiving a transportation certificate, shall retain a copy of 29 11 the certificate and shall submit the certificate to the law 29 12 enforcement agency by which the officer is employed. 29 13 b. The law enforcement officer shall give to the person 29 14 transporting livestock, in a form prescribed by the 29 15 commissioner of public safety or the commissioner's designee, 29 16 a receipt for the certificate given to the officer. However, 29 17 a The commissioner of public safety may authorize the use of 29 18 any method of giving receipt, including endorsement by the 29 19 officer on the certificate retained by the person transporting 29 20 livestock. The receipt shall make the law enforcement officer 29 21 issuing the receipt identifiable by other law enforcement 29 22 officers. 29 23 c. A law enforcement officer shall not retain a copy of 29 24 the certificate if the person transporting livestock has a 29 25 receipt issued by another law enforcement officer. 29 26 The commissioner of public safety may authorize the use of 29 27 any method of giving receipt, including endorsement by the 29 28 officer on the certificate retained by the person transporting 29 29 livestock. The receipt shall make the law enforcement officer 29 30 issuing the receipt identifiable by other law enforcement 29 31 officers. 29 32 Sec. 40. Section 175.19, subsections 2 and 5, Code 2007, 29 33 are amended to read as follows: 29 34 2. a. The authority or any trustee appointed under the 29 35 indenture under which the bonds are issued may, but upon 30 1 written request of the holders of twenty=five percent in 30 2 aggregate principal amount of the issue of bonds or notes then 30 3 outstanding shall: 30 4 a. (1) Enforce all rights of the bondholders or 30 5 noteholders including the right to require the authority to 30 6 carry out its agreements with the holders and to perform its 30 7 duties under this chapter. 30 8 b. (2) Bring suit upon the bonds or notes. 30 9 c. (3) By action require the authority to account as if 30 10 it were the trustee of an express trust for the holders. 30 11 d. (4) By action enjoin any acts or things which are 30 12 unlawful or in violation of the rights of the holders. 30 13 e. (5) Declare all the bonds or notes due and payable and 30 14 if all defaults are made good then with the consent of the 30 15 holders of twenty=five percent of the aggregate principal 30 16 amount of the issue of bonds or notes then outstanding, annul 30 17 the declaration and its consequences. 30 18 b. The bondholders or noteholders may, to the extent 30 19 provided in the resolution to which the bonds or notes were 30 20 issued or in its agreement with the authority, enforce any of 30 21 the remedies in paragraphs "a" through "e" or the remedies 30 22 provided in such proceedings or agreements for and on their 30 23 own behalf. 30 24 5. The district court has jurisdiction of any action by 30 25 the trustee on behalf of bondholders or noteholders. The 30 26 venue of the action shall be in the county in which the 30 27 principal office of the authority is located. 30 28 The bondholders or noteholders may, to the extent provided 30 29 in the resolution to which the bonds or notes were issued or 30 30 in its agreement with the authority, enforce any of the 30 31 remedies in paragraphs "a" to "e" or the remedies provided in 30 32 such proceedings or agreements for and on their own behalf. 30 33 Sec. 41. Section 185.3, subsection 1, Code 2007, is 30 34 amended to read as follows: 30 35 1. a. The board shall consist of directors who are 31 1 producers residing in Iowa at the time of the election. The 31 2 directors shall include all of the following be elected as 31 3 follows: 31 4 a. (1) Four producers who are directors shall be elected 31 5 from producers from the state at large. 31 6 b. (2) One producer who is director per district shall be 31 7 elected from producers from each district in the state. 31 8 However, two producers directors shall be elected from the 31 9 producers from a district producing if more than an average of 31 10 twenty=five million bushels of soybeans were produced in that 31 11 district in the three previous years prior to the election. 31 12 b. A producer shall be entitled to vote in the election 31 13 regardless of whether the producer is a member of the 31 14 association. 31 15 Sec. 42. Section 231D.5, subsection 2, Code Supplement 31 16 2007, is amended to read as follows: 31 17 2. In the case of an application by an existing 31 18 certificate holder for a new or newly acquired adult day 31 19 services program, the department may deny certification on the 31 20 basis of continuing or repeated failure of the certificate 31 21 holder to operate any previously certified adult day services 31 22 program in compliance with this chapter or of the rules 31 23 adopted pursuant to this chapter. 31 24 Sec. 43. Section 256.11, subsection 5, paragraph b, Code 31 25 Supplement 2007, is amended to read as follows: 31 26 b. Five units of the social studies including instruction 31 27 in voting statutes and procedures, voter registration 31 28 requirements, the use of paper ballots and voting machines in 31 29 the election process, and the method of acquiring and casting 31 30 an absentee ballot. All students shall complete a minimum of 31 31 one=half unit of United States government and one unit of 31 32 United States history. The one=half unit of United States 31 33 government shall include the voting procedure as described in 31 34 this lettered paragraph and section 280.9A. The government 31 35 instruction shall also include a study of the Constitution of 32 1 the United States and the Bill of Rights contained in the 32 2 Constitution and an assessment of a student's knowledge of the 32 3 Constitution and the Bill of Rights. 32 4 The county auditor, upon request and at a site chosen by 32 5 the county auditor, shall make available to schools within the 32 6 county voting machines or sample ballots that are generally 32 7 used within the county, at times when these machines or sample 32 8 ballots are not in use for their recognized purpose. 32 9 Sec. 44. Section 261A.4, subsection 13, Code 2007, is 32 10 amended to read as follows: 32 11 13. "Loan funding deposit" means money or other property 32 12 that is deposited: 32 13 a. by By an institution with the authority or a trustee. 32 14 b. In amounts deemed necessary by the authority as a 32 15 condition for the institution's participation in the 32 16 authority's programs. 32 17 c. for For the purpose of one or more of the following: 32 18 a. (1) Providing security for obligations. 32 19 b. (2) Funding a default reserve fund. 32 20 c. (3) Acquiring default insurance. 32 21 d. (4) Defraying costs of the authority. 32 22 The moneys or properties shall be in amounts deemed 32 23 necessary by the authority as a condition for the 32 24 institution's participation in the authority's programs. 32 25 Sec. 45. Section 272.9A, subsection 1, Code Supplement 32 26 2007, is amended to read as follows: 32 27 1. Beginning July 1, 2007, requirements for administrator 32 28 licensure beyond an initial license shall include completion 32 29 of a beginning administrator mentoring and induction program 32 30 provided by the department pursuant to section 284A.5, 32 31 subsection 2, and demonstration of competence on the 32 32 administrator standards adopted pursuant to section 284A.3. 32 33 Sec. 46. Section 280.9A, Code 2007, is amended by adding 32 34 the following new subsection: 32 35 NEW SUBSECTION. 1A. The county auditor, upon request and 33 1 at a site chosen by the county auditor, shall make available 33 2 to schools within the county voting machines or sample ballots 33 3 that are generally used within the county, at times when these 33 4 machines or sample ballots are not in use for their recognized 33 5 purpose. 33 6 Sec. 47. Section 341A.12, unnumbered paragraph 1, Code 33 7 Supplement 2007, is amended to read as follows: 33 8 No person in the classified civil service who has been 33 9 permanently appointed or inducted into civil service under 33 10 provisions of this chapter shall be removed, suspended, or 33 11 demoted except for cause, and only upon written accusation of 33 12 the county sheriff, which shall be served upon the accused, 33 13 and a duplicate filed with the commission. Any person so 33 14 removed, suspended, or reduced in rank or grade may, within 33 15 ten days after presentation to the person of the order of 33 16 removal, suspension or reduction, appeal to the commission 33 17 from such order. The commission shall, within two weeks from 33 18 the filing of such appeal, hold a hearing thereon, and fully 33 19 hear and determine the matter, and either affirm, modify, or 33 20 revoke such order. The appellant shall be entitled to appeal 33 21 personally appear in person, produce evidence, and to have 33 22 counsel. The finding and decision of the commission shall be 33 23 certified to the sheriff, and shall be enforced and followed 33 24 by the sheriff, but under no condition shall the employee who 33 25 has appealed to the commission be permanently removed, 33 26 suspended, or reduced in rank until such finding and decision 33 27 of the commission is certified to the sheriff pursuant to the 33 28 rules of civil procedure. 33 29 Sec. 48. Section 357A.11, subsection 13, Code Supplement 33 30 2007, is amended to read as follows: 33 31 13. In addition to all other powers granted to the board, 33 32 the board may sell, convey, merge, or otherwise dispose of all 33 33 or any portion of the real property or personal property of 33 34 the district and all or any portion of the district's right to 33 35 provide water or wastewater service to an area in order that 34 1 another service provider permitted by the department of 34 2 natural resources pursuant to chapter 455B may assume any or 34 3 all of the district's duties and obligations or that the 34 4 district may be dissolved. 34 5 a. If the district is to be dissolved, the board shall 34 6 file a notice of dissolution with the auditor of the county or 34 7 counties in which the district is located. 34 8 b. Prior to such sale, conveyance, merger, or disposition 34 9 by the board that includes the relinquishment of the 34 10 district's right to provide service to an area, the board 34 11 shall publish notice of a public hearing not less than four 34 12 nor more than twenty days before the date fixed for the 34 13 hearing in a newspaper of general circulation in the area for 34 14 which the board seeks to relinquish service. The board shall 34 15 mail notice of a public hearing to the district's members in 34 16 the area for which the board seeks to relinquish service not 34 17 less than fourteen days prior to such public hearing. A 34 18 public hearing is not required when the board relinquishes the 34 19 district's right to service an area within the corporate 34 20 limits of a city if the city will provide service in 34 21 compliance with the city's annexation plan. 34 22 c. After hearing or if none is required, the board may 34 23 adopt a resolution approving the sale, conveyance, merger, or 34 24 disposition; however, the board shall provide for the 34 25 continuation of water or wastewater service to the area by 34 26 another service provider immediately following such sale, 34 27 conveyance, merger, or disposition. 34 28 This chapter and chapter 384, as it applies to rural water 34 29 districts, shall not be construed to mean that the real 34 30 property of any rural water subscriber shall be used as 34 31 security for any debts of a rural water district. However, 34 32 the failure to pay water rates or charges by a subscriber may 34 33 result in a lien being attached against the premises served 34 34 upon certification to the county treasurer that the rate or 34 35 charges are due. 35 1 Sec. 49. NEW SECTION. 357A.25 PROPERTY NOT SECURITY FOR 35 2 DEBT. 35 3 This chapter and chapter 384, as it applies to rural water 35 4 districts, shall not be construed to mean that the real 35 5 property of any rural water subscriber shall be used as 35 6 security for any debts of a rural water district. However, 35 7 the failure to pay water rates or charges by a subscriber may 35 8 result in a lien being attached against the premises served 35 9 upon certification to the county treasurer that the rate or 35 10 charges are due. 35 11 Sec. 50. Section 422.11T, Code Supplement 2007, is amended 35 12 to read as follows: 35 13 422.11T FILM QUALIFIED EXPENDITURE TAX CREDIT. 35 14 The taxes imposed under this division, less the credits 35 15 credit allowed under sections section 422.12 and 422.12B, 35 16 shall be reduced by a qualified expenditure tax credit 35 17 authorized pursuant to section 15.393, subsection 2, paragraph 35 18 "a". 35 19 Sec. 51. Section 422.11U, Code Supplement 2007, is amended 35 20 to read as follows: 35 21 422.11U FILM INVESTMENT TAX CREDIT. 35 22 The taxes imposed under this division, less the credits 35 23 credit allowed under sections section 422.12 and 422.12B, 35 24 shall be reduced by an investment tax credit authorized 35 25 pursuant to section 15.393, subsection 2, paragraph "b". 35 26 Sec. 52. Section 434.16, Code 2007, is amended to read as 35 27 follows: 35 28 434.16 ASSESSMENT OF SLEEPING AND DINING CARS. 35 29 The director of revenue shall, at the time of the 35 30 assessment of other railway property for taxation, assess for 35 31 taxation the average number of sleeping and dining cars as 35 32 provided in section 434.6 so used by such corporation each 35 33 month and the assessed value of said cars shall bear the same 35 34 proportion to the entire value thereof that the monthly 35 35 average number of miles such cars have been run or operated 36 1 within the state shall bear to the monthly average number of 36 2 miles such cars have been used or operated within and without 36 3 the state. Such valuation shall be in the same ratio as that 36 4 of the property of individuals, and shall be added to the 36 5 assessed valuation of the corporation, fixed under the 36 6 preceding sections section 434.15. 36 7 Sec. 53. Section 455B.131, subsection 9, Code Supplement 36 8 2007, is amended to read as follows: 36 9 9. "Person" means an individual, partnership, 36 10 copartnership, cooperative, firm, company, public or private 36 11 corporation, political subdivision, agency of the state, 36 12 trust, estate, joint stock company, an agency or department of 36 13 the federal government or any other legal entity, or a legal 36 14 representative, agent, officer, employee or assigns of such 36 15 entities. 36 16 Sec. 54. Section 462A.2, subsection 22, Code Supplement 36 17 2007, is amended to read as follows: 36 18 22. "Navigable waters" means all lakes, rivers, and 36 19 streams, which can support a vessel capable of carrying one or 36 20 more persons during a total of six months period in one out of 36 21 every ten years. 36 22 Sec. 55. Section 484B.4, subsection 1, Code 2007, is 36 23 amended to read as follows: 36 24 1. A person who owns or controls by lease or otherwise for 36 25 five or more years, a contiguous tract of land having an area 36 26 of not less than three hundred twenty acres, and who desires 36 27 to establish a hunting preserve, to propagate and sell game 36 28 birds and their young or unhatched eggs, and shoot game birds 36 29 and ungulates on the land, under this chapter or the rules of 36 30 the commission, shall make application to the department for 36 31 an operator's license. The application shall be made under 36 32 oath of the applicant or under oath of one of its principal 36 33 officers if the applicant is an association, or corporation, 36 34 or copartnership. Under the authority of this license, any 36 35 property or facilities to be used for propagating, holding, 37 1 processing, or pasturing of game birds or ungulates shall not 37 2 be required to be contained within the contiguous land area 37 3 used for hunting purposes. The application shall be 37 4 accompanied by an operator's license fee of two hundred 37 5 dollars. 37 6 Sec. 56. Section 490.624, subsection 2, unnumbered 37 7 paragraph 1, Code Supplement 2007, is amended to read as 37 8 follows: 37 9 The terms and conditions of such rights, options, or 37 10 warrants, including those outstanding on the effective date of 37 11 this section July 1, 1989, may include, without limitation, 37 12 restrictions, or conditions that do any of the following: 37 13 Sec. 57. Section 524.212, Code Supplement 2007, is amended 37 14 to read as follows: 37 15 524.212 PROHIBITION AGAINST DISCLOSURE OF REGULATORY 37 16 INFORMATION. 37 17 The superintendent, members of the state banking council, 37 18 general counsel, examiners, or other employees of the banking 37 19 division shall not disclose, in any manner, to any person 37 20 other than the person examined and those regulatory agencies 37 21 referred to in section 524.217, subsection 2, any information 37 22 relating specifically to the supervision and regulation of any 37 23 state bank, persons subject to the provisions of chapter 533A, 37 24 533C, 536, or 536A, any affiliate of any state bank, or an 37 25 affiliate of a person subject to the provisions of chapter 37 26 533A, 533C, 536, or 536A, except when ordered to do so by a 37 27 court of competent jurisdiction and then only in those 37 28 instances referred to in section 524.215, subsection 2, 37 29 paragraphs "a", "b", "c", and "e", and "f". 37 30 Sec. 58. Section 533.214, Code Supplement 2007, is amended 37 31 to read as follows: 37 32 533.214 CENTRAL CREDIT UNIONS. 37 33 Credit unions known as central credit unions may exist for 37 34 the purpose of serving directors, officers, and employees of 37 35 credit unions, members of dissolved and members of other 38 1 existing credit unions, directors, officers, and employees of 38 2 credit unions, employee groups as described in section 38 3 533.301, subsection 13, and such other persons as the 38 4 superintendent approves. 38 5 Sec. 59. Section 537A.4, unnumbered paragraph 2, Code 38 6 2007, is amended to read as follows: 38 7 This section does not apply to a contract for the operation 38 8 of or for the sale or rental of equipment for games of skill 38 9 or games of chance, if both the contract and the games are in 38 10 compliance with chapter 99B. This section does not apply to 38 11 wagering under the pari=mutuel method of wagering authorized 38 12 by chapter 99D. This section does not apply to the sale, 38 13 purchase, or redemption of a ticket or share in the state 38 14 lottery in compliance with chapter 99G. This section does not 38 15 apply to wagering under the excursion boat gambling method of 38 16 wagering authorized by chapter 99F. This section does not 38 17 apply to the sale, purchase, or redemption of any ticket or 38 18 similar gambling device legally purchased in Indian lands 38 19 within this state. 38 20 Sec. 60. Section 542.4, subsection 1, Code 2007, is 38 21 amended to read as follows: 38 22 1. An Iowa accountancy examining board is created within 38 23 the professional licensing and regulation bureau of the 38 24 banking division of the department of commerce to administer 38 25 and enforce this chapter. The board shall consist of eight 38 26 members, appointed by the governor and subject to senate 38 27 confirmation, all of whom shall be residents of this state. 38 28 Five of the eight members shall be holders of certificates 38 29 issued under section 542.6, one member shall be the holder of 38 30 a license issued under section 542.8, and two shall not be 38 31 certified public accountants or licensed public accountants 38 32 and shall represent the general public. At least three of the 38 33 holders of certificates issued under section 542.6 shall also 38 34 be qualified to supervise attest services as provided in 38 35 section 542.7. A certified or licensed member of the board 39 1 shall be actively engaged in practice as a certified public 39 2 accountant or as a licensed public accountant and shall have 39 3 been so engaged for five years preceding appointment, the last 39 4 two of which shall have been in this state. Professional 39 5 associations or societies composed of certified public 39 6 accountants or licensed public accountants may recommend the 39 7 names of potential board members to the governor. However, 39 8 the governor is not bound by the recommendations. A board 39 9 member is not required to be a member of any professional 39 10 association or society composed of certified public 39 11 accountants or licensed public accountants. The term of each 39 12 member of the board shall be three years, as designated by the 39 13 governor, and appointments to the board are subject to the 39 14 requirements of sections 69.16, 69.16A, and 69.19. Members of 39 15 the board appointed and serving pursuant to chapter 542C, Code 39 16 2001, on July 1, 2002, shall serve out the terms for which 39 17 they were appointed. Vacancies occurring during a term shall 39 18 be filled by appointment by the governor for the unexpired 39 19 term. Upon the expiration of the member's term of office, a 39 20 member shall continue to serve until a successor shall have 39 21 been appointed and taken office. The public members of the 39 22 board shall be allowed to participate in administrative, 39 23 clerical, or ministerial functions incident to giving the 39 24 examinations, but shall not determine the content or determine 39 25 the correctness of the answers. The licensed public 39 26 accountant member shall not determine the content of the 39 27 certified public accountant examination or determine the 39 28 correctness of the answers. Any member of the board whose 39 29 certificate under section 542.6 or license under section 542.8 39 30 is revoked or suspended shall automatically cease to be a 39 31 member of the board, and the governor may, after a hearing, 39 32 remove any member of the board for neglect of duty or other 39 33 just cause. A person who has served three successive complete 39 34 terms shall not be eligible for reappointment, but appointment 39 35 to fill an unexpired term shall not be considered a complete 40 1 term for this purpose. 40 2 Sec. 61. Section 542.5, subsection 8, Code 2007, is 40 3 amended to read as follows: 40 4 8. An applicant must pass an examination which shall be 40 5 offered at least twice per year and which shall test the 40 6 applicant's knowledge of the subjects of accounting and 40 7 auditing, and such other related subjects as the board may 40 8 specify by rule, including but not limited to business law and 40 9 taxation. The examination shall be held at a time determined 40 10 by the board and may be changed from time to time. The board 40 11 shall prescribe by rule the methods of applying for and 40 12 conducting the examination, including methods for grading and 40 13 determining a passing grade required of an applicant for a 40 14 certificate. However, the board, to the extent possible, 40 15 shall ensure the examination, grading of the examination, and 40 16 the passing grades are uniform with those applicable in all 40 17 other states. The board may make such use of all or any part 40 18 of a nationally recognized uniform certified public accountant 40 19 examination and advisory grading service, and may contract 40 20 with third parties to perform such administrative services 40 21 with respect to the examination as it deems appropriate to 40 22 perform the duties of the board with respect to examination. 40 23 Except as otherwise provided under this section, a person who 40 24 has partially passed the examination required by this 40 25 subsection by passing one or more subjects prior to December 40 26 31, 2000, has until December 31, 2003, to successfully 40 27 complete the examination process and qualify for a certificate 40 28 under the educational requirements in effect prior to December 40 29 31, 2000. 40 30 Sec. 62. Section 554.2505, subsection 2, Code Supplement 40 31 2007, is amended to read as follows: 40 32 2. When shipment by the seller with reservation of a 40 33 security interest is in violation of the contract for sale it 40 34 constitutes an improper contract for transportation within the 40 35 preceding under section 554.2504 but impairs neither the 41 1 rights given to the buyer by shipment and identification of 41 2 the goods to the contract nor the seller's powers as a holder 41 3 of a negotiable document of title. 41 4 Sec. 63. Section 564.3, Code 2007, is amended to read as 41 5 follows: 41 6 564.3 FOOTWAY PEDESTRIAN RIGHTS=OF=WAY OR EASEMENTS. 41 7 No right of footway, except claimed in connection with a 41 8 right to pass with carriages, An easement or right=of=way for 41 9 pedestrian traffic shall not be acquired by prescription or 41 10 adverse use for any length of time except when claimed in 41 11 connection with an easement or right=of=way to permit passage 41 12 of public or private vehicular traffic. 41 13 Sec. 64. Section 600A.2, subsections 6 and 8, Code 2007, 41 14 are amended to read as follows: 41 15 6. "Custodian" means a stepparent or a relative within the 41 16 fourth degree of consanguinity to a minor child who has 41 17 assumed responsibility for that child, a person who has 41 18 accepted a release of custody, or a person appointed by a 41 19 court or juvenile court having jurisdiction over a child. A 41 20 "custodian" has the rights and duties provided in section 41 21 600A.2A. The rights and duties of a custodian with respect to 41 22 a child shall be as follows: 41 23 a. To maintain or transfer to another the physical 41 24 possession of that child. 41 25 b. To protect, train, and discipline that child. 41 26 c. To provide food, clothing, housing, and ordinary 41 27 medical care for that child. 41 28 d. To consent to emergency medical care, including 41 29 surgery. 41 30 e. To sign a release of medical information to a health 41 31 professional. 41 32 All rights and duties of a custodian shall be subject to any 41 33 residual rights and duties remaining in a parent or guardian. 41 34 8. "Guardian" means a person who is not the parent of a 41 35 minor child, but who has been appointed by a court or juvenile 42 1 court having jurisdiction over the minor child to make 42 2 important decisions which have permanent effect on the life 42 3 and development of that child and to promote the general 42 4 welfare of that child. A guardian has the rights and duties 42 5 provided in section 600A.2B. A guardian may be a court or a 42 6 juvenile court. Guardian does not mean conservator, as 42 7 defined in section 633.3, although a person who is appointed 42 8 to be a guardian may also be appointed to be a conservator. 42 9 Unless otherwise enlarged or circumscribed by a court or 42 10 juvenile court having jurisdiction over the minor child or by 42 11 operation of law, the rights and duties of a guardian with 42 12 respect to a minor child shall be as follows: 42 13 a. To consent to marriage, enlistment in the armed forces 42 14 of the United States, or medical, psychiatric or surgical 42 15 treatment. 42 16 b. To serve as custodian, unless another person has been 42 17 appointed custodian. 42 18 c. To make reasonable visitations if the guardian does not 42 19 have physical possession or custody of the minor child. 42 20 d. To consent to adoption and to make any other decision 42 21 that the parents could have made when the parent=child 42 22 relationship existed. 42 23 Sec. 65. NEW SECTION. 600A.2A RIGHTS AND DUTIES OF 42 24 CUSTODIAN. 42 25 1. The rights and duties of a custodian with respect to a 42 26 child shall be as follows: 42 27 a. To maintain or transfer to another the physical 42 28 possession of that child. 42 29 b. To protect, train, and discipline that child. 42 30 c. To provide food, clothing, housing, and ordinary 42 31 medical care for that child. 42 32 d. To consent to emergency medical care, including 42 33 surgery. 42 34 e. To sign a release of medical information to a health 42 35 professional. 43 1 2. All rights and duties of a custodian shall be subject 43 2 to any residual rights and duties remaining in a parent or 43 3 guardian. 43 4 Sec. 66. NEW SECTION. 600A.2B RIGHTS AND DUTIES OF 43 5 GUARDIAN. 43 6 Unless otherwise enlarged or circumscribed by a court or 43 7 juvenile court having jurisdiction over the minor child or by 43 8 operation of law, the rights and duties of a guardian with 43 9 respect to a minor child shall be as follows: 43 10 1. To consent to marriage, enlistment in the armed forces 43 11 of the United States, or medical, psychiatric, or surgical 43 12 treatment. 43 13 2. To serve as custodian, unless another person has been 43 14 appointed custodian. 43 15 3. To make reasonable visitations if the guardian does not 43 16 have physical possession or custody of the minor child. 43 17 4. To consent to adoption and to make any other decision 43 18 that the parents could have made when the parent=child 43 19 relationship existed. 43 20 Sec. 67. Section 615.1, Code 2007, is amended to read as 43 21 follows: 43 22 615.1 EXECUTION ON CERTAIN JUDGMENTS PROHIBITED. 43 23 1. A After the expiration of a period of two years from 43 24 the date of entry of judgment, exclusive of any time during 43 25 which execution on the judgment was stayed pending a 43 26 bankruptcy action, a judgment entered in an action for either 43 27 of the following actions the foreclosure of a real estate 43 28 mortgage, deed of trust, or real estate contract upon property 43 29 which at the time of judgment is either used for an 43 30 agricultural purpose as defined in section 535.13 or a 43 31 one=family or two=family dwelling which is the residence of 43 32 the mortgagor, or in any action on a claim for rent shall be 43 33 null and void, all liens shall be extinguished, and no 43 34 execution shall be issued for any purpose other than as a 43 35 setoff or counterclaim after the expiration of a period of two 44 1 years, exclusive of any time during which execution on the 44 2 judgment was stayed pending a bankruptcy action, from the 44 3 entry thereof.: 44 4 a. An action for the foreclosure of a real estate 44 5 mortgage, deed of trust, or real estate contract upon property 44 6 which at the time of judgment is either used for an 44 7 agricultural purpose as defined in section 535.13 or as a 44 8 one=family or two=family dwelling which is the residence of 44 9 the mortgagor. 44 10 b. An action on a claim for rent. 44 11 2. As used in this section, "mortgagor" means a mortgagor 44 12 or a borrower executing a deed of trust as provided in chapter 44 13 654 or a vendee of a real estate contract. 44 14 Sec. 68. Section 622.10, subsection 6, Code Supplement 44 15 2007, is amended to read as follows: 44 16 6. A qualified school guidance counselor, who has met the 44 17 certification and accreditation standards of the department of 44 18 education as provided in section 256.11, subsection 10, is 44 19 licensed by the board of educational examiners under chapter 44 20 272 and who obtains information by reason of the counselor's 44 21 employment as a qualified school guidance counselor, shall not 44 22 be allowed, in giving testimony, to disclose any confidential 44 23 communications properly entrusted to the counselor by a pupil 44 24 or the pupil's parent or guardian in the counselor's capacity 44 25 as a qualified school guidance counselor and necessary and 44 26 proper to enable the counselor to perform the counselor's 44 27 duties as a qualified school guidance counselor. 44 28 Sec. 69. Section 633.113, Code 2007, is amended to read as 44 29 follows: 44 30 633.113 COMMITMENT. 44 31 If, upon being served with an order of the court requiring 44 32 appearance for interrogation, as provided in the preceding 44 33 sections hereof section 633.112, any person fails to appear in 44 34 accordance therewith, or if, having appeared, the person 44 35 refuses to answer any question which the court thinks proper 45 1 to be put to the person in the course of such examination, or 45 2 if the person fails to comply with the order of the court 45 3 requiring the delivery of the property to the fiduciary, the 45 4 person may be committed to the jail of the county until the 45 5 person does. 45 6 Sec. 70. Section 715A.2A, subsection 2, Code 2007, is 45 7 amended to read as follows: 45 8 2. An employer who establishes that it has complied in 45 9 good faith with the requirements of 8 U.S.C. } 1324(b) 45 10 1324a(b) with respect to the hiring or continued employment of 45 11 an alien in the United States has established an affirmative 45 12 defense that the employer has not violated this section. 45 13 Sec. 71. Sections 15.221, 15.222, 15.223, 15.224, and 45 14 15.225, Code 2007, are repealed. 45 15 Sec. 72. Section 327B.6, Code Supplement 2007, is 45 16 repealed. 45 17 DIVISION II 45 18 VOLUME I RENUMBERING 45 19 Sec. 73. Section 2.14, subsections 1 and 3, Code 2007, are 45 20 amended to read as follows: 45 21 1. a. A standing committee of either house or a 45 22 subcommittee when authorized by the chairperson of the 45 23 standing committee, may meet when the general assembly is not 45 24 in session in the manner provided in this section and upon 45 25 call pursuant to the rules of the house or senate. In case of 45 26 vacancy in the chair or in the chairperson's absence, the 45 27 ranking member shall act as chairperson. 45 28 b. A standing committee or subcommittee may act on bills 45 29 and resolutions in the interim between the first and second 45 30 regular sessions of a general assembly. A standing committee 45 31 may also study and draft proposed committee bills. However, 45 32 unless the subject matter of a study or proposed committee 45 33 bill has been assigned to a standing committee for study by 45 34 the general assembly or legislative council, the services of 45 35 the legislative services agency cannot be utilized. 46 1 c. The date, time, and place of any meeting of a standing 46 2 committee shall, by the person or persons calling the meeting, 46 3 be reported to and be available to the public in the office of 46 4 the director of the legislative services agency at least five 46 5 days prior to the meeting. 46 6 d. A standing committee may hold public hearings and 46 7 receive testimony upon any subject matter within its 46 8 jurisdiction. 46 9 3. Interim studies utilizing the services of the 46 10 legislative services agency must be authorized by the general 46 11 assembly or the legislative council. A standing committee may 46 12 also study and draft proposed committee bills. However, 46 13 unless the subject matter of a study or proposed committee 46 14 bill has been assigned to a standing committee for study by 46 15 the general assembly or legislative council, the services of 46 16 the legislative services agency cannot be utilized. 46 17 a. Nonlegislative members shall not serve upon any study 46 18 committee, unless approved by the legislative council. A 46 19 standing committee may hold public hearings and receive 46 20 testimony upon any subject matter within its jurisdiction. 46 21 b. Nonlegislative members of study committees shall be 46 22 paid their necessary travel and actual expenses incurred in 46 23 attending committee or subcommittee meetings for the purposes 46 24 of the study. 46 25 Sec. 74. Section 2.32, Code 2007, is amended to read as 46 26 follows: 46 27 2.32 CONFIRMATION OF APPOINTMENTS == PROCEDURES. 46 28 1. The governor shall either make an appointment or file a 46 29 notice of deferred appointment by March 15 for the following 46 30 appointments which are subject to confirmation by the senate: 46 31 a. An appointment to fill a term beginning on May 1 of 46 32 that year. 46 33 b. An appointment to fill a vacancy, other than as 46 34 provided for in paragraph "d," existing prior to the convening 46 35 of the general assembly in regular session in that year. 47 1 c. An appointment to fill a vacancy, other than as 47 2 provided for in paragraph "d," which is known, prior to the 47 3 convening of the general assembly in regular session, will 47 4 occur before May 1 of that year. 47 5 d. An appointment to fill a vacancy existing in a 47 6 full=time compensated position on December 15 prior to the 47 7 convening of the general assembly. 47 8 2. The governor shall file by February 1 with the 47 9 secretary of the senate a list of all the appointment 47 10 positions requiring gubernatorial action pursuant to 47 11 subsection 1. The secretary of the senate shall provide the 47 12 governor a written acknowledgment of the list within five days 47 13 of its receipt. The senate shall approve the list or request 47 14 corrections by resolution by February 15. 47 15 3. The governor shall submit all appointments requiring 47 16 confirmation by the senate and notices of deferred appointment 47 17 to the secretary of the senate who shall provide the 47 18 governor's office with receipts of submission. Each notice of 47 19 appointment shall be accompanied by a statement of the 47 20 appointee's political affiliation. The notice of a deferred 47 21 appointment shall be filed by the governor with the secretary 47 22 of the senate and accompanied by a statement of reasons for 47 23 the deferral. 47 24 4. A gubernatorial appointee, whose appointment is subject 47 25 to confirmation by the senate and who serves at the pleasure 47 26 of the governor, is subject to reconfirmation by the senate 47 27 during the regular session of the general assembly convening 47 28 in January if the appointee will complete the appointee's 47 29 fourth year in office on or before the following April 30. 47 30 For the purposes of this section, the submission of an 47 31 appointee for reconfirmation is deemed the same as the 47 32 submission of an appointee for confirmation and the procedures 47 33 of this section regarding confirmation and the consequences of 47 34 refusal to confirm are the same for reconfirmation. 47 35 5. If an appointment subject to senate confirmation is 48 1 required by statute to be made by an appointing authority 48 2 other than the governor, the duties assigned under this 48 3 section to the governor shall be performed by the appointing 48 4 authority. 48 5 2. 6. If a vacancy in a position requiring confirmation 48 6 by the senate, other than a full=time compensated position, 48 7 occurs after the convening of the general assembly in regular 48 8 session, the governor shall, within sixty calendar days after 48 9 the vacancy occurs, either make an appointment or file a 48 10 notice of deferred appointment unless the general assembly has 48 11 adjourned its regular session before the sixty=day period 48 12 expires. If a vacancy in a full=time compensated position 48 13 requiring senate confirmation occurs after December 15, the 48 14 governor shall, within ninety calendar days after the vacancy 48 15 occurs, make an appointment or file a notice of deferred 48 16 appointment unless the general assembly has adjourned its 48 17 regular session before the ninety=day period expires. 48 18 3. 7. If an appointment is submitted pursuant to 48 19 subsection 1, the senate shall by April 15 of that year either 48 20 approve, disapprove, or by resolution defer consideration of 48 21 confirmation of the appointment. If an appointment is 48 22 submitted pursuant to subsection 2 6, the senate shall either 48 23 approve, disapprove, or by resolution defer consideration of 48 24 confirmation of the appointment within thirty days after 48 25 receiving the appointment from the governor. The senate may 48 26 defer consideration of an appointment until a later time 48 27 during that session, but the senate shall not adjourn that 48 28 session until all appointments submitted pursuant to this 48 29 section before the last thirty days of the session are 48 30 approved or disapproved. If a nomination is submitted during 48 31 the last thirty days of the session, the senate may by 48 32 resolution defer consideration of the appointment until the 48 33 next regular session of the general assembly and the 48 34 nomination shall be considered as though made during the 48 35 legislative interim. 49 1 Sixty days after a person's appointment has been 49 2 disapproved by the senate, that person shall not serve in that 49 3 position as an interim appointment or by holding over in 49 4 office and the governor shall submit another appointment or 49 5 file a notice of deferred appointment before the sixty=day 49 6 period expires. 49 7 4. The governor shall submit all appointments requiring 49 8 confirmation by the senate and notices of deferred appointment 49 9 to the secretary of the senate who shall provide the 49 10 governor's office with receipts of submission. Each notice of 49 11 appointment shall be accompanied by a statement of the 49 12 appointee's political affiliation. The notice of a deferred 49 13 appointment shall be filed by the governor with the secretary 49 14 of the senate and accompanied by a statement of reasons for 49 15 the deferral. 49 16 5. 8. The confirmation of every appointment submitted to 49 17 the senate requires the approval of two=thirds of the members 49 18 of the senate. The senate shall adopt rules governing the 49 19 referral of appointments to committees, the reports of 49 20 committees on appointments, and the confirmation of 49 21 appointments by the senate. 49 22 6. The confirmation of every appointment submitted to the 49 23 senate requires the approval of two=thirds of the members of 49 24 the senate. 49 25 9. A person whose appointment is subject to senate 49 26 confirmation shall make available to the senate committee to 49 27 which the appointment is referred, upon the committee's 49 28 request, a notarized statement that the person has filed 49 29 federal and state income tax returns for the three years 49 30 immediately preceding the appointment, or a notarized 49 31 statement of the legal reason for failure to file. If the 49 32 appointment is to a board, commission, council, or other body 49 33 empowered to take disciplinary action, all complaints and 49 34 statements of charges, settlement agreements, findings of 49 35 fact, and orders pertaining to any disciplinary action taken 50 1 by that board, commission, council, or body in a contested 50 2 case against the person whose appointment is being reviewed by 50 3 the senate shall be made available to the senate committee to 50 4 which the appointment is referred upon its request. 50 5 10. All tax records, complaint files, investigation files, 50 6 other investigation reports, and other investigative 50 7 information in the possession of the committee which relate to 50 8 appointee tax filings or complaints and statements of charges, 50 9 settlement agreements, findings of fact, and orders from any 50 10 past disciplinary action in a contested case against the 50 11 appointee are privileged and confidential and they are not 50 12 subject to discovery, subpoena, or other means of legal 50 13 compulsion for their release to a person other than the 50 14 appointee unless otherwise provided by law. 50 15 7. The governor shall file by February 1 with the 50 16 secretary of the senate a list of all the appointment 50 17 positions requiring gubernatorial action pursuant to 50 18 subsection 1. The secretary of the senate shall provide the 50 19 governor a written acknowledgment of the list within five days 50 20 of its receipt. The senate shall approve the list or request 50 21 corrections by resolution by February 15. 50 22 8. A gubernatorial appointee, whose appointment is subject 50 23 to confirmation by the senate and who serves at the pleasure 50 24 of the governor, is subject to reconfirmation by the senate 50 25 during the regular session of the general assembly convening 50 26 in January if the appointee will complete the appointee's 50 27 fourth year in office on or before the following April 30. 50 28 For the purposes of this section, the submission of an 50 29 appointee for reconfirmation is deemed the same as the 50 30 submission of an appointee for confirmation and the procedures 50 31 of this section regarding confirmation and the consequences of 50 32 refusal to confirm are the same for reconfirmation. 50 33 9. If an appointment subject to senate confirmation is 50 34 required by statute to be made by an appointing authority 50 35 other than the governor, the duties assigned under this 51 1 section to the governor shall be performed by the appointing 51 2 authority. 51 3 11. Sixty days after a person's appointment has been 51 4 disapproved by the senate, that person shall not serve in that 51 5 position as an interim appointment or by holding over in 51 6 office and the governor shall submit another appointment or 51 7 file a notice of deferred appointment before the sixty=day 51 8 period expires. 51 9 Sec. 75. Section 8.3A, Code 2007, is amended to read as 51 10 follows: 51 11 8.3A CAPITAL PROJECT PLANNING AND BUDGETING == GOVERNOR'S 51 12 DUTIES. 51 13 1. DEFINITIONS. For the purposes of this section: 51 14 a. "Capital project" does not include highway and 51 15 right=of=way projects or airport capital projects undertaken 51 16 by the state department of transportation and financed from 51 17 dedicated funds or capital projects funded by nonstate grants, 51 18 gifts, or contracts obtained at or through state universities, 51 19 if the projects do not require a commitment of additional 51 20 state resources for maintenance, operations, or staffing. 51 21 A capital project shall not be divided into smaller 51 22 projects in such a manner as to thwart the intent of this 51 23 section to provide for the evaluation of a capital project 51 24 whose cost cumulatively equals or exceeds two hundred fifty 51 25 thousand dollars. 51 26 b. "Facility" means a distinct parcel of land or a 51 27 building used by the state or a state agency for a specific 51 28 purpose. 51 29 c. "State agency" means any executive, judicial, or 51 30 legislative department, commission, board, institution, 51 31 division, bureau, office, agency, or other entity of state 51 32 government. 51 33 2. DUTIES. The governor shall: 51 34 a. Develop criteria for the evaluation of proposed capital 51 35 projects which shall include but not be limited to the 52 1 following: 52 2 (1) Fiscal impacts on costs and revenues. 52 3 (2) Health and safety effects. 52 4 (3) Community economic effects. 52 5 (4) Environmental, aesthetic, and social effects. 52 6 (5) Amount of disruption and inconvenience caused by the 52 7 capital project. 52 8 (6) Distributional effects. 52 9 (7) Feasibility, including public support and project 52 10 readiness. 52 11 (8) Implications of deferring the project. 52 12 (9) Amount of uncertainty and risk. 52 13 (10) Effects on interjurisdictional relationships. 52 14 (11) Advantages accruing from relationships to other 52 15 capital project proposals. 52 16 (12) Private sector contracting for construction, 52 17 operation, or maintenance. 52 18 b. Make recommendations to the general assembly and the 52 19 legislative capital projects committee regarding the funding 52 20 and priorities of proposed capital projects. 52 21 c. Develop maintenance standards and guidelines for 52 22 capital projects. 52 23 d. Review financing alternatives available to fund capital 52 24 projects, including the evaluation of the advantages and 52 25 disadvantages of bonding for all types of capital projects 52 26 undertaken by all state agencies. 52 27 e. Monitor the debt of the state or a state agency. 52 28 3. DIVISION OF PROJECT RESTRICTED. A capital project 52 29 shall not be divided into smaller projects in such a manner as 52 30 to thwart the intent of this section to provide for the 52 31 evaluation of a capital project whose cost cumulatively equals 52 32 or exceeds two hundred fifty thousand dollars. 52 33 Sec. 76. Section 8A.204, subsection 3, paragraph g, 52 34 subparagraph (4), Code Supplement 2007, is amended to read as 52 35 follows: 53 1 (4) Review and approval of all concept papers and 53 2 documentation related to requests for proposals for all 53 3 information technology devices, hardware acquisition, 53 4 information technology services, software development 53 5 projects, and information technology outsourcing for agencies 53 6 that exceed the greater of a total cost of fifty thousand 53 7 dollars or a total involvement of seven hundred fifty agency 53 8 staff hours. as follows: 53 9 (a) The review and approval of concept papers and 53 10 documentation as provided in this subparagraph shall occur 53 11 prior to the issuance of the related request for proposals. 53 12 (b) Notwithstanding section 21.5, subsection 1, the board, 53 13 by vote of at least six members, may hold a closed session to 53 14 review and discuss concept papers and documentation related to 53 15 a request for proposals if the board determines that the 53 16 public disclosure of such discussion prior to the issuance of 53 17 the request for proposals may disadvantage any potential 53 18 vendors. 53 19 (c) The board shall keep detailed minutes of all 53 20 discussion, persons present, and action occurring at a closed 53 21 session, and shall also tape record all of the closed session. 53 22 The minutes and the tape recording of a session closed under 53 23 this subparagraph shall be made available for public 53 24 examination when a final decision is made regarding whether to 53 25 issue the request for proposals. 53 26 (d) All board actions and decisions regarding this 53 27 information shall be made in open session and appropriately 53 28 recorded. 53 29 Sec. 77. Section 8A.324, Code 2007, is amended to read as 53 30 follows: 53 31 8A.324 DISPOSAL OF PERSONAL PROPERTY. 53 32 1. The director may dispose of personal property of the 53 33 state under the director's control by any of the following 53 34 means: 53 35 1. a. The director may dispose of unfit or unnecessary 54 1 personal property by sale. Proceeds from the sale of personal 54 2 property shall be deposited in the general fund of the state. 54 3 2. b. If the director concludes that the personal 54 4 property has little or no value, the director may enter into 54 5 an agreement with a not=for=profit organization or 54 6 governmental agency to dispose of the personal property. The 54 7 not=for=profit organization or governmental agency may charge 54 8 the state agency in control of the property with the cost of 54 9 removing and transporting the property. Title to the personal 54 10 property shall transfer when the personal property is in the 54 11 possession of the not=for=profit organization or governmental 54 12 agency. If a governmental agency adds value to the property 54 13 transferred to it and sells it, the proceeds from the sale 54 14 shall be deposited with the governmental agency and not in the 54 15 general fund of the state. 54 16 A not=for=profit organization or governmental agency that 54 17 enters into an agreement with the director pursuant to this 54 18 subsection may sell or otherwise transfer the personal 54 19 property received from the department to any person that the 54 20 department would be able to sell or otherwise transfer such 54 21 property to under this chapter, including, but not limited to, 54 22 the general public. The authority granted to sell or 54 23 otherwise transfer personal property pursuant to this 54 24 paragraph supersedes any other restrictions applicable to the 54 25 not=for=profit organization or governmental agency, but only 54 26 for purposes of the personal property received from the 54 27 department. 54 28 3. c. The director may dispose of presses, printing 54 29 equipment, printing supplies, and other machinery or equipment 54 30 used in the printing operation. 54 31 2. A not=for=profit organization or governmental agency 54 32 that enters into an agreement with the director pursuant to 54 33 subsection 1 may charge the state agency in control of the 54 34 property with the cost of removing and transporting the 54 35 property. Title to the personal property shall transfer when 55 1 the personal property is in the possession of the 55 2 not=for=profit organization or governmental agency. If a 55 3 governmental agency adds value to the property transferred to 55 4 it and sells it, the proceeds from the sale shall be deposited 55 5 with the governmental agency and not in the general fund of 55 6 the state. The not=for=profit organization or governmental 55 7 agency may sell or otherwise transfer the personal property 55 8 received from the department to any person that the department 55 9 would be able to sell or otherwise transfer such property to 55 10 under this chapter, including but not limited to the general 55 11 public. The authority granted to sell or otherwise transfer 55 12 personal property pursuant to this subsection supersedes any 55 13 other restrictions applicable to the not=for=profit 55 14 organization or governmental agency, but only for purposes of 55 15 the personal property received from the department. 55 16 Sec. 78. Section 8A.413, Code 2007, is amended to read as 55 17 follows: 55 18 8A.413 STATE HUMAN RESOURCE MANAGEMENT == RULES. 55 19 The department shall adopt rules for the administration of 55 20 this subchapter pursuant to chapter 17A. Rulemaking shall be 55 21 carried out with due regard to the terms of collective 55 22 bargaining agreements. A rule shall not supersede a provision 55 23 of a collective bargaining agreement negotiated under chapter 55 24 20. Notwithstanding any provisions to the contrary, a rule or 55 25 regulation shall not be adopted by the department which would 55 26 deprive the state of Iowa, or any of its agencies or 55 27 institutions, of federal grants or other forms of financial 55 28 assistance. The rules shall provide: 55 29 1. For the preparation, maintenance, and revision of a job 55 30 classification plan that encompasses each job in the executive 55 31 branch, excluding job classifications under the state board of 55 32 regents, based upon assigned duties and responsibilities, so 55 33 that the same general qualifications may reasonably be 55 34 required for and the same pay plan may be equitably applied to 55 35 all jobs in the same job classification. The director shall 56 1 classify the position of every employee in the executive 56 2 branch, excluding employees of the state board of regents, 56 3 into one of the classes in the plan. An appointing authority 56 4 or employee adversely affected by a classification or 56 5 reclassification decision may file an appeal with the 56 6 director. Appeals of a classification or reclassification 56 7 decision shall be exempt from the provisions of section 17A.11 56 8 and shall be heard by a committee appointed by the director. 56 9 The classification or reclassification of a position that 56 10 would cause the expenditure of additional salary funds shall 56 11 not become effective if the expenditure of funds would be in 56 12 excess of the total amount budgeted for the department of the 56 13 appointing authority until budgetary approval has been 56 14 obtained from the director of the department of management. 56 15 2. When For notification of the governor when the public 56 16 interest requires a decrease or increase of employees in any 56 17 position or type of employment not otherwise provided by law, 56 18 or the creation or abolishment of any position or type of 56 19 employment, as determined by the director, acting in good 56 20 faith, shall so notify the governor. Thereafter, the position 56 21 or type of employment shall stand abolished or created and the 56 22 number of employees therein reduced or increased. 56 23 2. 3. For pay plans covering all employees in the 56 24 executive branch, excluding employees of the state board of 56 25 regents, after consultation with the governor and appointing 56 26 authorities, and consistent with the terms of collective 56 27 bargaining agreements negotiated under chapter 20. 56 28 3. 4. For examinations to determine the relative fitness 56 29 of applicants for employment. 56 30 a. Such examinations shall be practical in character and 56 31 shall relate to such matters as will fairly assess the ability 56 32 of the applicant to discharge the duties of the position to 56 33 which appointment is sought. 56 34 b. Where the Code of Iowa establishes certification, 56 35 registration, or licensing provisions, such documents shall be 57 1 considered prima facie evidence of basic skills accomplishment 57 2 and such persons shall be exempt from further basic skills 57 3 examination. 57 4 5. Vacancies shall be announced publicly For the public 57 5 announcement of vacancies at least ten days in advance of the 57 6 date fixed for the filing of applications for the vacancies, 57 7 and shall be advertised the advertisement of the vacancies 57 8 through the communications media. The director may, however, 57 9 in the director's discretion, continue to receive applications 57 10 and examine candidates for a period adequate to assure a 57 11 sufficient number of eligibles to meet the needs of the 57 12 system, and may add the names of successful candidates to 57 13 existing eligible lists. 57 14 4. 6. For promotions which shall give appropriate 57 15 consideration to the applicant's qualifications, record of 57 16 performance, and conduct. A promotion means a change in the 57 17 status of an employee from a position in one class to a 57 18 position in another class having a higher pay grade. 57 19 5. 7. For the establishment of lists for appointment and 57 20 promotion, upon which lists shall be placed the names of 57 21 successful candidates. 57 22 6. 8. For the rejection of applicants who fail to meet 57 23 reasonable requirements. 57 24 7. 9. For the appointment by the appointing authority of 57 25 a person on the appropriate list to fill a vacancy. 57 26 8. 10. For a probation period of six months, excluding 57 27 educational or training leave, before appointment may be made 57 28 complete, and during which period a probationer may be 57 29 discharged or reduced in class or pay. If the employee's 57 30 services are unsatisfactory, the employee shall be dropped 57 31 from the payroll on or before the expiration of the probation 57 32 period. If satisfactory, the appointment shall be deemed 57 33 permanent. The determination of the appointing authority 57 34 shall be final and conclusive. 57 35 9. 11. For temporary employment for not more than seven 58 1 hundred eighty hours in a fiscal year. 58 2 10. 12. For provisional employment when there is no 58 3 appropriate list available. Such provisional employment shall 58 4 not continue longer than one hundred eighty calendar days. 58 5 11. 13. For transfer from a position in one state agency 58 6 to a similar position in the same state agency or another 58 7 state agency involving similar qualifications, duties, 58 8 responsibilities, and salary ranges. Whenever an employee 58 9 transfers or is transferred from one state agency to another 58 10 state agency, the employee's seniority rights, any accumulated 58 11 sick leave, and accumulated vacation time, as provided in the 58 12 law, shall be transferred to the new place of employment and 58 13 credited to the employee. Employees who are subject to 58 14 contracts negotiated under chapter 20 which include transfer 58 15 provisions shall be governed by the contract provisions. 58 16 12. 14. For reinstatement of persons who have attained 58 17 permanent status and who resign in good standing or who are 58 18 laid off from their positions without fault or delinquency on 58 19 their part. 58 20 13. 15. For establishing in cooperation with the 58 21 appointing authorities a performance management system for all 58 22 employees in the executive branch, excluding employees of the 58 23 state board of regents, which shall be considered in 58 24 determining salary increases; as a factor in promotions; as a 58 25 factor in determining the order of layoffs and in 58 26 reinstatement; as a factor in demotions, discharges, and 58 27 transfers; and for the regular evaluation, at least annually, 58 28 of the qualifications and performance of those employees. 58 29 14. 16. For layoffs by reason of lack of funds or work, 58 30 or reorganization, and for the recall of employees so laid 58 31 off, giving consideration in layoffs to the employee's 58 32 performance record and length of service. An employee who has 58 33 been laid off may be on a recall list for one year, which list 58 34 shall be exhausted by the organizational unit enforcing the 58 35 layoff before selection of an employee may be made from the 59 1 promotional or nonpromotional list in the employee's 59 2 classification. Employees who are subject to contracts 59 3 negotiated under chapter 20 which include layoff and recall 59 4 provisions shall be governed by the contract provisions. 59 5 15. 17. For imposition, as a disciplinary measure, of a 59 6 suspension from service without pay. 59 7 16. 18. a. For discharge, suspension, or reduction in 59 8 job classification or pay grade for any of the following 59 9 causes: 59 10 (1) failure Failure to perform assigned duties; 59 11 inadequacy. 59 12 (2) Inadequacy in performing assigned duties; negligence; 59 13 inefficiency; incompetence; insubordination; unrehabilitated. 59 14 (3) Negligence. 59 15 (4) Inefficiency. 59 16 (5) Incompetence. 59 17 (6) Insubordination. 59 18 (7) Unrehabilitated alcoholism or narcotics addiction; 59 19 dishonesty; unlawful. 59 20 (8) Dishonesty. 59 21 (9) Unlawful discrimination; failure. 59 22 (10) Failure to maintain a license, certificate, or 59 23 qualification necessary for a job classification or position; 59 24 any. 59 25 (11) Any act or conduct which adversely affects the 59 26 employee's performance or the employing agency; or any. 59 27 (12) Any other good cause for discharge, suspension, or 59 28 reduction. 59 29 b. The person discharged, suspended, or reduced shall be 59 30 given a written statement of the reasons for the discharge, 59 31 suspension, or reduction within twenty=four hours after the 59 32 discharge, suspension, or reduction. 59 33 c. All persons concerned with the administration of this 59 34 subchapter shall use their best efforts to ensure that this 59 35 subchapter and the rules adopted pursuant to this subchapter 60 1 shall not be a means of protecting or retaining unqualified or 60 2 unsatisfactory employees, and shall discharge, suspend, or 60 3 reduce in job classification or pay grade all employees who 60 4 should be discharged, suspended, or reduced for any of the 60 5 causes stated in this subsection. 60 6 17. 19. For establishment of a uniform plan for resolving 60 7 employee grievances and complaints. Employees who are subject 60 8 to contracts negotiated under chapter 20 which include 60 9 grievance and complaint provisions shall be governed by the 60 10 contract provisions. 60 11 18. 20. For attendance regulations, and special leaves of 60 12 absence, with or without pay, or reduced pay, in the various 60 13 classes of positions in the executive branch, excluding 60 14 positions under the state board of regents. 60 15 a. Employees who are subject to contracts negotiated under 60 16 chapter 20 which include leave of absence provisions shall be 60 17 governed by the contract provisions. 60 18 b. Annual sick leave and vacation time shall be granted in 60 19 accordance with section 70A.1. 60 20 19. 21. For the development and operation of programs to 60 21 improve the work effectiveness and morale of employees in the 60 22 executive branch, excluding employees of the state board of 60 23 regents, including training, safety, health, welfare, 60 24 counseling, recreation, and employee relations. 60 25 20. Notwithstanding any provisions to the contrary, a rule 60 26 or regulation shall not be adopted by the department which 60 27 would deprive the state of Iowa, or any of its agencies or 60 28 institutions, of federal grants or other forms of financial 60 29 assistance. 60 30 21. 22. For veterans preference through a provision that 60 31 veterans, as defined in section 35.1, shall have five points 60 32 added to the grade or score attained in qualifying 60 33 examinations for appointment to jobs. 60 34 a. Veterans who have a service=connected disability or are 60 35 receiving compensation, disability benefits, or pension under 61 1 laws administered by the veterans administration shall have 61 2 ten points added to the grades attained in qualifying 61 3 examinations. 61 4 b. A veteran who has been awarded the purple heart for 61 5 disabilities incurred in action shall be considered to have a 61 6 service=connected disability. 61 7 22. 23. For acceptance of the qualifications, 61 8 requirements, regulations, and general provisions established 61 9 under other sections of the Code pertaining to professional 61 10 registration, certification, and licensing. 61 11 Sec. 79. Section 8D.3, subsections 1 and 2, Code 61 12 Supplement 2007, are amended to read as follows: 61 13 1. COMMISSION ESTABLISHED. A telecommunications and 61 14 technology commission is established with the sole authority 61 15 to supervise the management, development, and operation of the 61 16 network and ensure that all components of the network are 61 17 technically compatible. The management, development, and 61 18 operation of the network shall not be subject to the 61 19 jurisdiction or control of any other state agency. However, 61 20 the commission is subject to the general operations practices 61 21 and procedures which are generally applicable to other state 61 22 agencies. 61 23 a. The commission shall ensure that the network operates 61 24 in an efficient and responsible manner consistent with the 61 25 provisions of this chapter for the purpose of providing the 61 26 best economic service attainable to the network users 61 27 consistent with the state's financial capacity. 61 28 b. The commission shall ensure that educational users and 61 29 the use, design, and implementation for educational 61 30 applications be given the highest priority concerning use of 61 31 the network. 61 32 c. The commission shall provide for the centralized, 61 33 coordinated use and control of the network. 61 34 2. MEMBERS. The commission is composed of five members 61 35 appointed by the governor and subject to confirmation by the 62 1 senate. Members of the commission shall not serve in any 62 2 manner or be employed by an authorized user of the network or 62 3 by an entity seeking to do or doing business with the network. 62 4 a. The governor shall appoint a member as the chairperson 62 5 of the commission from the five members appointed by the 62 6 governor, subject to confirmation by the senate. 62 7 b. Members of the commission shall serve six=year 62 8 staggered terms as designated by the governor and appointments 62 9 to the commission are subject to the requirements of sections 62 10 69.16, 69.16A, and 69.19. Vacancies shall be filled by the 62 11 governor for the duration of the unexpired term. 62 12 c. The salary of the members of the commission shall be 62 13 twelve thousand dollars per year, except that the salary of 62 14 the chairperson shall be seventeen thousand dollars per year. 62 15 Members of the commission shall also be reimbursed for all 62 16 actual and necessary expenses incurred in the performance of 62 17 duties as members. The benefits and salary paid to the 62 18 members of the commission shall be adjusted annually equal to 62 19 the average of the annual pay adjustments, expense 62 20 reimbursements, and related benefits provided under collective 62 21 bargaining agreements negotiated pursuant to chapter 20. 62 22 d. Meetings of the commission shall be held at the call of 62 23 the chairperson of the commission. In addition to the members 62 24 appointed by the governor, the auditor of state or the 62 25 auditor's designee shall serve as a nonvoting, ex officio 62 26 member of the commission. 62 27 The benefits and salary paid to the members of the 62 28 commission shall be adjusted annually equal to the average of 62 29 the annual pay adjustments, expense reimbursements, and 62 30 related benefits provided under collective bargaining 62 31 agreements negotiated pursuant to chapter 20. 62 32 Sec. 80. Section 15.331A, Code 2007, is amended to read as 62 33 follows: 62 34 15.331A SALES AND USE TAX REFUND. 62 35 1. The eligible business shall be entitled to a refund of 63 1 the sales and use taxes paid under chapter 423 for gas, 63 2 electricity, water, or sewer utility services, goods, wares, 63 3 or merchandise, or on services rendered, furnished, or 63 4 performed to or for a contractor or subcontractor and used in 63 5 the fulfillment of a written contract relating to the 63 6 construction or equipping of a facility of the eligible 63 7 business. Taxes attributable to intangible property and 63 8 furniture and furnishings shall not be refunded. However, an 63 9 eligible business shall be entitled to a refund for taxes 63 10 attributable to racks, shelving, and conveyor equipment to be 63 11 used in a warehouse or distribution center subject to section 63 12 15.331C. 63 13 2. To receive the refund a claim shall be filed by the 63 14 eligible business with the department of revenue as follows: 63 15 1. a. The contractor or subcontractor shall state under 63 16 oath, on forms provided by the department, the amount of the 63 17 sales of goods, wares, or merchandise or services rendered, 63 18 furnished, or performed including water, sewer, gas, and 63 19 electric utility services upon which sales or use tax has been 63 20 paid prior to the project completion, and shall file the forms 63 21 with the eligible business before final settlement is made. 63 22 2. b. The eligible business shall, not more than one year 63 23 after project completion, make application to the department 63 24 for any refund of the amount of the sales and use taxes paid 63 25 pursuant to chapter 423 upon any goods, wares, or merchandise, 63 26 or services rendered, furnished, or performed, including 63 27 water, sewer, gas, and electric utility services. The 63 28 application shall be made in the manner and upon forms to be 63 29 provided by the department, and the department shall audit the 63 30 claim and, if approved, issue a warrant to the eligible 63 31 business in the amount of the sales or use tax which has been 63 32 paid to the state of Iowa under a contract. A claim filed by 63 33 the eligible business in accordance with this section shall 63 34 not be denied by reason of a limitation provision set forth in 63 35 chapter 421 or 423. 64 1 3. A contractor or subcontractor who willfully makes a 64 2 false report of tax paid under the provisions of this section 64 3 is guilty of a simple misdemeanor and in addition is liable 64 4 for the payment of the tax and any applicable penalty and 64 5 interest. 64 6 Sec. 81. Section 17A.4, Code 2007, is amended to read as 64 7 follows: 64 8 17A.4 PROCEDURE FOR ADOPTION OF RULES. 64 9 1. Prior to the adoption, amendment, or repeal of any rule 64 10 an agency shall: 64 11 a. Give notice of its intended action by submitting the 64 12 notice to the administrative rules coordinator and the 64 13 administrative code editor. The administrative rules 64 14 coordinator shall assign an ARC number to each rulemaking 64 15 document. The administrative code editor shall publish each 64 16 notice meeting the requirements of this chapter in the Iowa 64 17 administrative bulletin created pursuant to section 17A.6. 64 18 Any notice of intended action shall be published at least 64 19 thirty=five days in advance of the action. The notice shall 64 20 include a statement of either the terms or substance of the 64 21 intended action or a description of the subjects and issues 64 22 involved, and the time when, the place where, and the manner 64 23 in which interested persons may present their views. 64 24 b. Afford all interested persons not less than twenty days 64 25 to submit data, views, or arguments in writing. If timely 64 26 requested in writing by twenty=five interested persons, by a 64 27 governmental subdivision, by the administrative rules review 64 28 committee, by an agency, or by an association having not less 64 29 than twenty=five members, the agency must give interested 64 30 persons an opportunity to make oral presentation. The 64 31 opportunity for oral presentation must be held at least twenty 64 32 days after publication of the notice of its time and place in 64 33 the Iowa administrative bulletin. The agency shall consider 64 34 fully all written and oral submissions respecting the proposed 64 35 rule. Within one hundred eighty days following either the 65 1 notice published according to the provisions of paragraph "a" 65 2 or within one hundred eighty days after the last date of the 65 3 oral presentations on the proposed rule, whichever is later, 65 4 the agency shall adopt a rule pursuant to the rulemaking 65 5 proceeding or shall terminate the proceeding by publishing 65 6 notice of termination in the Iowa administrative bulletin. 65 7 An agency shall include in a preamble to each rule it 65 8 adopts a brief explanation of the principal reasons for its 65 9 action and, if applicable, a brief explanation of the 65 10 principal reasons for its failure to provide in that rule for 65 11 the waiver of the rule in specified situations if no such 65 12 waiver provision is included in the rule. This explanatory 65 13 requirement does not apply when the agency adopts a rule that 65 14 only defines the meaning of a provision of law if the agency 65 15 does not possess delegated authority to bind the courts to any 65 16 extent with its definition. In addition, if requested to do 65 17 so by an interested person, either prior to adoption or within 65 18 thirty days thereafter, the agency shall issue a concise 65 19 statement of the principal reasons for and against the rule 65 20 adopted, incorporating therein the reasons for overruling 65 21 considerations urged against the rule. This concise statement 65 22 shall be issued either at the time of the adoption of the rule 65 23 or within thirty=five days after the agency receives the 65 24 request. 65 25 c. Mail the number of copies of the proposed rule as 65 26 requested to the state office of a trade or occupational 65 27 association which has registered its name and address with the 65 28 agency. The trade or occupational association shall reimburse 65 29 the agency for the actual cost incurred in providing the 65 30 copies of the proposed rule under this paragraph. Failure to 65 31 provide copies as provided in this paragraph shall not be 65 32 grounds for the invalidation of a rule, unless that failure 65 33 was deliberate on the part of that agency or the result of 65 34 gross negligence. 65 35 2. An agency shall include in a preamble to each rule it 66 1 adopts a brief explanation of the principal reasons for its 66 2 action and, if applicable, a brief explanation of the 66 3 principal reasons for its failure to provide in that rule for 66 4 the waiver of the rule in specified situations if no such 66 5 waiver provision is included in the rule. This explanatory 66 6 requirement does not apply when the agency adopts a rule that 66 7 only defines the meaning of a provision of law if the agency 66 8 does not possess delegated authority to bind the courts to any 66 9 extent with its definition. In addition, if requested to do 66 10 so by an interested person, either prior to adoption or within 66 11 thirty days thereafter, the agency shall issue a concise 66 12 statement of the principal reasons for and against the rule 66 13 adopted, incorporating therein the reasons for overruling 66 14 considerations urged against the rule. This concise statement 66 15 shall be issued either at the time of the adoption of the rule 66 16 or within thirty=five days after the agency receives the 66 17 request. 66 18 2. 3. When an agency for good cause finds that notice and 66 19 public participation would be unnecessary, impracticable, or 66 20 contrary to the public interest, the provisions of subsection 66 21 1 shall be inapplicable. The agency shall incorporate in each 66 22 rule issued in reliance upon this provision either the finding 66 23 and a brief statement of the reasons for the finding, or a 66 24 statement that the rule is within a very narrowly tailored 66 25 category of rules whose issuance has previously been exempted 66 26 from subsection 1 by a special rule relying on this provision 66 27 and including such a finding and statement of reasons for the 66 28 entire category. If the administrative rules review committee 66 29 by a two=thirds vote, the governor, or the attorney general 66 30 files with the administrative code editor an objection to the 66 31 adoption of any rule pursuant to this subsection, that rule 66 32 shall cease to be effective one hundred eighty days after the 66 33 date the objection was filed. A copy of the objection, 66 34 properly dated, shall be forwarded to the agency at the time 66 35 of filing the objection. In any action contesting a rule 67 1 adopted pursuant to this subsection, the burden of proof shall 67 2 be on the agency to show that the procedures of subsection 1 67 3 were impracticable, unnecessary, or contrary to the public 67 4 interest and that, if a category of rules was involved, the 67 5 category was very narrowly tailored. 67 6 3. 4. Any notice of intended action or rule filed without 67 7 notice pursuant to subsection 2 3, which necessitates 67 8 additional annual expenditures of at least one hundred 67 9 thousand dollars or combined expenditures of at least five 67 10 hundred thousand dollars within five years by all affected 67 11 persons, including the agency itself, shall be accompanied by 67 12 a fiscal impact statement outlining the expenditures. The 67 13 agency shall promptly deliver a copy of the statement to the 67 14 legislative services agency. To the extent feasible, the 67 15 legislative services agency shall analyze the statement and 67 16 provide a summary of that analysis to the administrative rules 67 17 review committee. If the agency has made a good faith effort 67 18 to comply with the requirements of this subsection, the rule 67 19 shall not be invalidated on the ground that the contents of 67 20 the statement are insufficient or inaccurate. 67 21 4. 5. No rule adopted after July 1, 1975, is valid unless 67 22 adopted in substantial compliance with the above requirements 67 23 of this section. However, a rule shall be conclusively 67 24 presumed to have been made in compliance with all of the above 67 25 procedural requirements of this section if it has not been 67 26 invalidated on the grounds of noncompliance in a proceeding 67 27 commenced within two years after its effective date. 67 28 5. 6. a. If the administrative rules review committee 67 29 created by section 17A.8, the governor, or the attorney 67 30 general finds objection to all or some portion of a proposed 67 31 or adopted rule because that rule is deemed to be 67 32 unreasonable, arbitrary, capricious, or otherwise beyond the 67 33 authority delegated to the agency, the committee, governor, or 67 34 attorney general may, in writing, notify the agency of the 67 35 objection. In the case of a rule issued under subsection 2 3, 68 1 or a rule made effective under section 17A.5, subsection 2, 68 2 paragraph "b", the committee, governor, or attorney general 68 3 may notify the agency of such an objection. The committee, 68 4 governor, or attorney general shall also file a certified copy 68 5 of such an objection in the office of the administrative code 68 6 editor and a notice to the effect that an objection has been 68 7 filed shall be published in the next issue of the Iowa 68 8 administrative bulletin and in the Iowa administrative code 68 9 when that rule is printed in it. The burden of proof shall 68 10 then be on the agency in any proceeding for judicial review or 68 11 for enforcement of the rule heard subsequent to the filing to 68 12 establish that the rule or portion of the rule timely objected 68 13 to according to the above procedure is not unreasonable, 68 14 arbitrary, capricious, or otherwise beyond the authority 68 15 delegated to it. 68 16 b. If the agency fails to meet the burden of proof 68 17 prescribed for a rule objected to according to the provisions 68 18 of paragraph "a" of this subsection, the court shall declare 68 19 the rule or portion of the rule objected to invalid and 68 20 judgment shall be rendered against the agency for court costs. 68 21 Such court costs shall include a reasonable attorney fee and 68 22 shall be payable by the director of the department of 68 23 administrative services from the support appropriations of the 68 24 agency which issued the rule in question. 68 25 6. 7. Upon the vote of two=thirds of its members the 68 26 administrative rules review committee may delay the effective 68 27 date of a rule seventy days beyond that permitted in section 68 28 17A.5, unless the rule was promulgated under section 17A.5, 68 29 subsection 2, paragraph "b". This provision shall be utilized 68 30 by the committee only if further time is necessary to study 68 31 and examine the rule. Notice of an effective date that was 68 32 delayed under this provision shall be published in the Iowa 68 33 administrative code and bulletin. 68 34 7. 8. The governor may rescind an adopted rule by 68 35 executive order within seventy days of the rule becoming 69 1 effective. The governor shall provide a copy of the executive 69 2 order to the administrative code editor who shall include it 69 3 in the next publication of the Iowa administrative bulletin. 69 4 Sec. 82. Section 17A.4A, subsections 1, 4, and 7, Code 69 5 2007, are amended to read as follows: 69 6 1. An agency shall issue a regulatory analysis of a 69 7 proposed rule that complies with subsection 2, paragraph "a", 69 8 if, within thirty=two days after the published notice of 69 9 proposed rule adoption, a written request for the analysis is 69 10 submitted to the agency by the administrative rules review 69 11 committee or the administrative rules coordinator. An agency 69 12 shall issue a regulatory analysis of a proposed rule that 69 13 complies with subsection 2, paragraph "b", if the rule would 69 14 have a substantial impact on small business and if, within 69 15 thirty=two days after the published notice of proposed rule 69 16 adoption, a written request for analysis is submitted to the 69 17 agency by the administrative rules review committee, the 69 18 administrative rules coordinator, at least twenty=five persons 69 19 signing that request who each qualify as a small business or 69 20 by an organization representing at least twenty=five such 69 21 persons. If a rule has been adopted without prior notice and 69 22 an opportunity for public participation in reliance upon 69 23 section 17A.4, subsection 2 3, the written request for an 69 24 analysis that complies with subsection 2, paragraph "a" or 69 25 "b", may be made within seventy days of publication of the 69 26 rule. 69 27 4. Upon receipt by an agency of a timely request for a 69 28 regulatory analysis, the agency shall extend the period 69 29 specified in this chapter for each of the following until at 69 30 least twenty days after publication in the administrative 69 31 bulletin of a concise summary of the regulatory analysis: 69 32 a. The end of the period during which persons may make 69 33 written submissions on the proposed rule. 69 34 b. The end of the period during which an oral proceeding 69 35 may be requested. 70 1 c. The date of any required oral proceeding on the 70 2 proposed rule. 70 3 4A. In the case of a rule adopted without prior notice and 70 4 an opportunity for public participation in reliance upon 70 5 section 17A.4, subsection 2 3, the summary must be published 70 6 within seventy days of the request. 70 7 7. a. For the purpose of this section, "small business" 70 8 means any entity including but not limited to an individual, 70 9 partnership, corporation, joint venture, association, or 70 10 cooperative, to which all of the following apply: 70 11 a. (1) It is not an affiliate or subsidiary of an entity 70 12 dominant in its field of operation. 70 13 b. (2) It has either twenty or fewer full=time equivalent 70 14 positions or less than one million dollars in annual gross 70 15 revenues in the preceding fiscal year. 70 16 b. For purposes of this definition, "dominant in its field 70 17 of operation" means having more than twenty full=time 70 18 equivalent positions and more than one million dollars in 70 19 annual gross revenues, and "affiliate or subsidiary of an 70 20 entity dominant in its field of operation" means an entity 70 21 which is at least twenty percent owned by an entity dominant 70 22 in its field of operation, or by partners, officers, 70 23 directors, majority stockholders, or their equivalent, of an 70 24 entity dominant in that field of operation. 70 25 Sec. 83. Section 20.5, Code Supplement 2007, is amended to 70 26 read as follows: 70 27 20.5 PUBLIC EMPLOYMENT RELATIONS BOARD. 70 28 1. There is established a board to be known as the "Public 70 29 Employment Relations Board". 70 30 a. The board shall consist of three members appointed by 70 31 the governor, subject to confirmation by the senate. In 70 32 selecting the members of the board, consideration shall be 70 33 given to their knowledge, ability, and experience in the field 70 34 of labor=management relations. No more than two members shall 70 35 be of the same political affiliation, no member shall engage 71 1 in any political activity while holding office and the members 71 2 shall devote full time to their duties. 71 3 b. The members shall be appointed for staggered terms of 71 4 four years beginning and ending as provided in section 69.19. 71 5 c. The member first appointed for a term of four years 71 6 shall serve as chairperson and each of the member's successors 71 7 shall also serve as chairperson. 71 8 2. d. Any vacancy occurring shall be filled in the same 71 9 manner as regular appointments are made. 71 10 3. In selecting the members of the board, consideration 71 11 shall be given to their knowledge, ability, and experience in 71 12 the field of labor=management relations. The chairperson and 71 13 the remaining two members shall be compensated as provided in 71 14 section 7E.6, subsection 5. 71 15 4. 2. The board may employ such persons as are necessary 71 16 for the performance of its functions. Personnel of the board 71 17 shall be employed pursuant to the provisions of chapter 8A, 71 18 subchapter IV. 71 19 5. 3. The chairperson and the remaining two members shall 71 20 be compensated as provided in section 7E.6, subsection 5. 71 21 Members of the board and other employees of the board shall be 71 22 allowed their actual and necessary expenses incurred in the 71 23 performance of their duties. All expenses and salaries shall 71 24 be paid from appropriations for such purposes and the board 71 25 shall be subject to the budget requirements of chapter 8. 71 26 Sec. 84. Section 24.26, Code 2007, is amended to read as 71 27 follows: 71 28 24.26 STATE APPEAL BOARD. 71 29 1. The state appeal board in the department of management 71 30 consists of the following: 71 31 1. a. The director of the department of management. 71 32 2. b. The auditor of state. 71 33 3. c. The treasurer of state. 71 34 2. The annual meeting of the state board shall be held on 71 35 the second Tuesday of January in each year. At each annual 72 1 meeting the state board shall organize by the election from 72 2 its members of a chairperson and a vice chairperson; and by 72 3 appointing a secretary. Two members of the state board 72 4 constitute a quorum for the transaction of any business. 72 5 3. The state board may appoint one or more competent and 72 6 specially qualified persons as deputies, to appear and act for 72 7 it at initial hearings. The annual meeting of the state board 72 8 shall be held on the second Tuesday of January in each year. 72 9 Each deputy appointed by the state board is entitled to 72 10 receive the amount of the deputy's necessary expenses actually 72 11 incurred while engaged in the performance of the deputy's 72 12 official duties. The expenses shall be audited and approved 72 13 by the state board and proper receipts filed for them. 72 14 4. The expenses of the state board shall be paid from the 72 15 funds appropriated to the department of management. 72 16 Sec. 85. Section 68A.102, subsection 10, Code Supplement 72 17 2007, is amended to read as follows: 72 18 10. a. "Contribution" means: 72 19 a. (1) A gift, loan, advance, deposit, rebate, refund, or 72 20 transfer of money or a gift in kind. 72 21 b. (2) The payment, by any person other than a candidate 72 22 or political committee, of compensation for the personal 72 23 services of another person which are rendered to a candidate 72 24 or political committee for any such purpose. 72 25 b. "Contribution" shall not include services: 72 26 (1) Services provided without compensation by individuals 72 27 volunteering their time on behalf of a candidate's committee 72 28 or political committee or a state or county statutory 72 29 political committee except when organized or provided on a 72 30 collective basis by a business, trade association, labor 72 31 union, or any other organized group or association. 72 32 "Contribution" shall not include refreshments 72 33 (2) Refreshments served at a campaign function so long as 72 34 such refreshments do not exceed fifty dollars in value or 72 35 transportation provided to a candidate so long as its value 73 1 computed at the current rate of reimbursement allowed under 73 2 the standard mileage rate method for computation of business 73 3 expenses pursuant to the Internal Revenue Code does not exceed 73 4 one hundred dollars in value in any one reporting period. 73 5 "Contribution" shall not include something 73 6 (3) Something provided to a candidate for the candidate's 73 7 personal consumption or use and not intended for or on behalf 73 8 of the candidate's committee. 73 9 Sec. 86. Section 68B.32A, subsection 2, unnumbered 73 10 paragraph 2, Code Supplement 2007, is amended to read as 73 11 follows: 73 12 2A. The board may establish Establish a process to assign 73 13 signature codes to a person or committee for purposes of 73 14 facilitating an electronic filing procedure. The assignment 73 15 of signature codes shall be kept confidential, notwithstanding 73 16 section 22.2. The board and persons electronically filing 73 17 reports and statements shall keep assigned signature codes or 73 18 subsequently selected signature codes confidential. Signature 73 19 codes shall not be subject to state security policies 73 20 regarding frequency of change. 73 21 Sec. 87. Section 73A.21, Code 2007, is amended to read as 73 22 follows: 73 23 73A.21 RECIPROCAL RESIDENT BIDDER PREFERENCE BY STATE, ITS 73 24 AGENCIES, AND POLITICAL SUBDIVISIONS. 73 25 1. For purposes of this section: 73 26 a. "Public improvement" means public improvements as 73 27 defined in section 73A.1 and includes road construction, 73 28 reconstruction, and maintenance projects. 73 29 b. "Resident bidder" means a person authorized to transact 73 30 business in this state and having a place of business for 73 31 transacting business within the state at which it is 73 32 conducting and has conducted business for at least six months 73 33 prior to the first advertisement for the public improvement 73 34 and in the case of a corporation, having at least fifty 73 35 percent of its common stock owned by residents of this state. 74 1 If another state or foreign country has a more stringent 74 2 definition of a resident bidder, the more stringent definition 74 3 is applicable as to bidders from that state or foreign 74 4 country. 74 5 2. Notwithstanding this chapter, chapter 73, chapter 309, 74 6 chapter 310, chapter 331, or chapter 384, when a contract for 74 7 a public improvement is to be awarded to the lowest 74 8 responsible bidder, a resident bidder shall be allowed a 74 9 preference as against a nonresident bidder from a state or 74 10 foreign country which gives or requires a preference to 74 11 bidders from that state or foreign country. The preference is 74 12 equal to the preference given or required by the state or 74 13 foreign country in which the nonresident bidder is a resident. 74 14 "Resident bidder" means a person authorized to transact 74 15 business in this state and having a place of business for 74 16 transacting business within the state at which it is 74 17 conducting and has conducted business for at least six months 74 18 prior to the first advertisement for the public improvement 74 19 and in the case of a corporation, having at least fifty 74 20 percent of its common stock owned by residents of this state. 74 21 If another state or foreign country has a more stringent 74 22 definition of a resident bidder, the more stringent definition 74 23 is applicable as to bidders from that state or foreign 74 24 country. 74 25 For purposes of this section, "public improvement" means 74 26 public improvements as defined in section 73A.1 and includes 74 27 road construction, reconstruction, and maintenance projects. 74 28 3. This section applies to the state, its agencies, and 74 29 any political subdivisions of the state. 74 30 4. If it is determined that this may cause denial of 74 31 federal funds which would otherwise be available, or would 74 32 otherwise be inconsistent with requirements of federal law, 74 33 this section shall be suspended, but only to the extent 74 34 necessary to prevent denial of the funds or to eliminate the 74 35 inconsistency with federal requirements. 75 1 Sec. 88. Section 80.9, Code Supplement 2007, is amended to 75 2 read as follows: 75 3 80.9 DUTIES OF DEPARTMENT == DUTIES AND POWERS OF PEACE 75 4 OFFICERS == STATE PATROL. 75 5 1. It shall be the duty of the department to prevent 75 6 crime, to detect and apprehend criminals, and to enforce such 75 7 other laws as are hereinafter specified. A peace officer of 75 8 the department when authorized by the commissioner shall have 75 9 and exercise all the powers of any other peace officer of the 75 10 state. 75 11 2. The state patrol is established in the department. The 75 12 patrol shall be under the direction of the commissioner. The 75 13 number of supervisory officers shall be in proportion to the 75 14 membership of the state patrol. The department shall maintain 75 15 a vehicle theft unit in the state patrol to investigate and 75 16 assist in the examination and identification of stolen, 75 17 altered, or forfeited vehicles. 75 18 3. The department shall be primarily responsible for the 75 19 enforcement of all laws and rules relating to any controlled 75 20 substance or counterfeit substance, except for making 75 21 accountability audits of the supply and inventory of 75 22 controlled substances in the possession of pharmacists, 75 23 physicians, hospitals, and health care facilities as defined 75 24 in section 135C.1, as well as in the possession of any and all 75 25 other individuals or institutions authorized to have 75 26 possession of any controlled substances. 75 27 1. A peace officer shall not exercise the general powers 75 28 of a peace officer within the limits of any city, except: 75 29 a. When so ordered by the direction of the governor; 75 30 b. When request is made by the mayor of any city, with the 75 31 approval of the commissioner; 75 32 c. When request is made by the sheriff or county attorney 75 33 of any county with the approval of the commissioner; 75 34 d. While in the pursuit of law violators or in 75 35 investigating law violations; 76 1 e. While making any inspection provided by this chapter, 76 2 or any additional inspection ordered by the commissioner; 76 3 f. When engaged in the investigating and enforcing of fire 76 4 and arson laws; 76 5 g. When engaged in the investigation and enforcement of 76 6 laws relating to narcotic, counterfeit, stimulant, and 76 7 depressant drugs. 76 8 When a peace officer of the department is acting in 76 9 cooperation with any other local peace officer, or county 76 10 attorney in general criminal investigation work, or when 76 11 acting on a special assignment by the commissioner, the 76 12 jurisdiction of the peace officer is statewide. 76 13 However, the above limitations shall in no way be construed 76 14 as a limitation as to their power as officers when a public 76 15 offense is being committed in their presence. 76 16 2. In more particular, the duties of a peace officer shall 76 17 be as follows: 76 18 a. To enforce all state laws. 76 19 b. To enforce all laws relating to traffic on the public 76 20 highways of the state, including those relating to the safe 76 21 and legal operation of passenger cars, motorcycles, motor 76 22 trucks and buses; to see that proper safety rules are observed 76 23 and to give first aid to the injured. 76 24 c. To investigate all fires; to apprehend persons 76 25 suspected of arson; to enforce all safety measures in 76 26 connection with the prevention of fires; to disseminate 76 27 fire=prevention education; to develop training standards and 76 28 provide training to fire fighters around the state; and to 76 29 address other issues related to fire service and emergency 76 30 response as requested by the state fire service and emergency 76 31 response council. 76 32 d. 4. To The department shall collect and classify, and 76 33 keep at all times available, complete information useful for 76 34 the detection of crime, and the identification and 76 35 apprehension of criminals. Such information shall be 77 1 available for all peace officers within the state, under such 77 2 regulations as the commissioner may prescribe. The provisions 77 3 of chapter 141A do not apply to the entry of human 77 4 immunodeficiency virus=related information by criminal or 77 5 juvenile justice agencies, as defined in section 692.1, into 77 6 the Iowa criminal justice information system or the national 77 7 crime information center system. The provisions of chapter 77 8 141A also do not apply to the transmission of the same 77 9 information from either or both information systems to 77 10 criminal or juvenile justice agencies. The provisions of 77 11 chapter 141A also do not apply to the transmission of the same 77 12 information from either or both information systems to 77 13 employees of state correctional institutions subject to the 77 14 jurisdiction of the department of corrections, employees of 77 15 secure facilities for juveniles subject to the jurisdiction of 77 16 the department of human services, and employees of city and 77 17 county jails, if those employees have direct physical 77 18 supervision over inmates of those facilities or institutions. 77 19 Human immunodeficiency virus=related information shall not be 77 20 transmitted over the police radio broadcasting system under 77 21 chapter 693 or any other radio=based communications system. 77 22 An employee of an agency receiving human immunodeficiency 77 23 virus=related information under this section who communicates 77 24 the information to another employee who does not have direct 77 25 physical supervision over inmates, other than to a supervisor 77 26 of an employee who has direct physical supervision over 77 27 inmates for the purpose of conveying the information to such 77 28 an employee, or who communicates the information to any person 77 29 not employed by the agency or uses the information outside the 77 30 agency is guilty of a class "D" felony. The commissioner 77 31 shall adopt rules regarding the transmission of human 77 32 immunodeficiency virus=related information including 77 33 provisions for maintaining confidentiality of the information. 77 34 The rules shall include a requirement that persons receiving 77 35 information from the Iowa criminal justice information system 78 1 or the national crime information center system receive 78 2 training regarding confidentiality standards applicable to the 78 3 information received from the system. The commissioner shall 78 4 develop and establish, in cooperation with the department of 78 5 corrections and the Iowa department of public health, training 78 6 programs and program criteria for persons receiving human 78 7 immunodeficiency virus=related information through the Iowa 78 8 criminal justice information system or the national crime 78 9 information center system. 78 10 e. 5. To The department shall operate such radio 78 11 broadcasting stations as may be necessary in order to 78 12 disseminate information which will make possible the speedy 78 13 apprehension of lawbreakers, as well as such other information 78 14 as may be necessary in connection with the duties of this 78 15 office the department. 78 16 f. 6. Provide The department shall provide protection and 78 17 security for persons and property on the grounds of the state 78 18 capitol complex. 78 19 g. 7. To The department shall assist persons who are 78 20 responsible for the care of private and public land in 78 21 identifying growing marijuana plants when the plants are 78 22 reported to the department. The department shall also provide 78 23 education to the persons regarding methods of eradicating the 78 24 plants. The department shall adopt rules necessary to carry 78 25 out this paragraph subsection. 78 26 h. To maintain a vehicle theft unit in the state patrol to 78 27 investigate and assist in the examination and identification 78 28 of stolen, altered, or forfeited vehicles. 78 29 i. 8. Receive The department shall receive and review the 78 30 budget submitted by the state fire marshal and the state fire 78 31 service and emergency response council. The department shall 78 32 develop training standards, provide training to fire fighters 78 33 around the state, and address other issues related to fire 78 34 service and emergency response as requested by the state fire 78 35 service and emergency response council. 79 1 j. 9. To The department shall administer section 100B.31 79 2 relating to volunteer emergency services provider death 79 3 benefits. 79 4 3. A peace officer may administer oaths, acknowledge 79 5 signatures, and take voluntary testimony pursuant to the peace 79 6 officer's duties as provided by law. 79 7 4. The state patrol is established in the department. The 79 8 patrol shall be under the direction of the commissioner. The 79 9 number of supervisory officers shall be in proportion to the 79 10 membership of the state patrol. 79 11 5. The department shall be primarily responsible for the 79 12 enforcement of all laws and rules relating to any controlled 79 13 substance or counterfeit substance, except for making 79 14 accountability audits of the supply and inventory of 79 15 controlled substances in the possession of pharmacists, 79 16 physicians, hospitals, and health care facilities as defined 79 17 in section 135C.1, as well as in the possession of any and all 79 18 other individuals or institutions authorized to have 79 19 possession of any controlled substances. 79 20 Sec. 89. NEW SECTION. 80.9A AUTHORITY AND DUTIES OF 79 21 PEACE OFFICERS OF THE DEPARTMENT. 79 22 1. A peace officer of the department when authorized by 79 23 the commissioner shall have and exercise all the powers of any 79 24 other peace officer of the state. 79 25 2. When a peace officer of the department is acting in 79 26 cooperation with any other local peace officer, or county 79 27 attorney in general criminal investigation work, or when 79 28 acting on a special assignment by the commissioner, the 79 29 jurisdiction of the peace officer is statewide. 79 30 3. A peace officer may administer oaths, acknowledge 79 31 signatures, and take voluntary testimony pursuant to the peace 79 32 officer's duties as provided by law. 79 33 4. An authorized peace officer of the department 79 34 designated to conduct examinations, investigations, or 79 35 inspections and enforce the laws relating to controlled or 80 1 counterfeit substances shall have all the authority of other 80 2 peace officers and may arrest a person without warrant for 80 3 offenses under this chapter committed in the peace officer's 80 4 presence or, in the case of a felony, if the peace officer has 80 5 probable cause to believe that the person arrested has 80 6 committed or is committing such offense. A peace officer of 80 7 the department shall have the same authority as other peace 80 8 officers to seize controlled or counterfeit substances or 80 9 articles used in the manufacture or sale of controlled or 80 10 counterfeit substances which they have reasonable grounds to 80 11 believe are in violation of law. Such controlled or 80 12 counterfeit substances or articles shall be subject to 80 13 forfeiture. 80 14 5. In more particular, the duties of a peace officer shall 80 15 be as follows: 80 16 a. To enforce all state laws. 80 17 b. To enforce all laws relating to traffic on the public 80 18 highways of the state, including those relating to the safe 80 19 and legal operation of passenger cars, motorcycles, motor 80 20 trucks and buses; to see that proper safety rules are 80 21 observed; and to give first aid to the injured. 80 22 c. To investigate all fires; to apprehend persons 80 23 suspected of arson; to enforce all safety measures in 80 24 connection with the prevention of fires; and to disseminate 80 25 fire=prevention education. 80 26 6. A peace officer shall not exercise the general powers 80 27 of a peace officer within the limits of any city, except as 80 28 follows: 80 29 a. When so ordered by the direction of the governor. 80 30 b. When request is made by the mayor of any city, with the 80 31 approval of the commissioner. 80 32 c. When request is made by the sheriff or county attorney 80 33 of any county with the approval of the commissioner. 80 34 d. While in the pursuit of law violators or in 80 35 investigating law violations. 81 1 e. While making any inspection provided by this chapter, 81 2 or any additional inspection ordered by the commissioner. 81 3 f. When engaged in the investigating and enforcing of fire 81 4 and arson laws. 81 5 g. When engaged in the investigation and enforcement of 81 6 laws relating to narcotic, counterfeit, stimulant, and 81 7 depressant drugs. 81 8 7. The limitations specified in subsection 6 shall in no 81 9 way be construed as a limitation on the power of peace 81 10 officers when a public offense is being committed in their 81 11 presence. 81 12 Sec. 90. NEW SECTION. 80.9B HUMAN IMMUNODEFICIENCY 81 13 VIRUS=RELATED INFORMATION. 81 14 1. The provisions of chapter 141A do not apply to the 81 15 entry of human immunodeficiency virus=related information by 81 16 criminal or juvenile justice agencies, as defined in section 81 17 692.1, into the Iowa criminal justice information system or 81 18 the national crime information center system. 81 19 2. The provisions of chapter 141A also do not apply to the 81 20 transmission of the same information from either or both 81 21 information systems to criminal or juvenile justice agencies. 81 22 3. The provisions of chapter 141A also do not apply to the 81 23 transmission of the same information from either or both 81 24 information systems to employees of state correctional 81 25 institutions subject to the jurisdiction of the department of 81 26 corrections, employees of secure facilities for juveniles 81 27 subject to the jurisdiction of the department of human 81 28 services, and employees of city and county jails, if those 81 29 employees have direct physical supervision over inmates of 81 30 those facilities or institutions. 81 31 4. Human immunodeficiency virus=related information shall 81 32 not be transmitted over the police radio broadcasting system 81 33 under chapter 693 or any other radio=based communications 81 34 system. 81 35 5. An employee of an agency receiving human 82 1 immunodeficiency virus=related information under this section 82 2 who communicates the information to another employee who does 82 3 not have direct physical supervision over inmates, other than 82 4 to a supervisor of an employee who has direct physical 82 5 supervision over inmates for the purpose of conveying the 82 6 information to such an employee, or who communicates the 82 7 information to any person not employed by the agency or uses 82 8 the information outside the agency is guilty of a class "D" 82 9 felony. 82 10 6. The commissioner shall adopt rules regarding the 82 11 transmission of human immunodeficiency virus=related 82 12 information including provisions for maintaining 82 13 confidentiality of the information. The rules shall include a 82 14 requirement that persons receiving information from the Iowa 82 15 criminal justice information system or the national crime 82 16 information center system receive training regarding 82 17 confidentiality standards applicable to the information 82 18 received from the system. 82 19 7. The commissioner shall develop and establish, in 82 20 cooperation with the department of corrections and the 82 21 department of public health, training programs and program 82 22 criteria for persons receiving human immunodeficiency 82 23 virus=related information through the Iowa criminal justice 82 24 information system or the national crime information center 82 25 system. 82 26 Sec. 91. Section 80B.6, Code 2007, is amended to read as 82 27 follows: 82 28 80B.6 COUNCIL CREATED == MEMBERSHIP. 82 29 1. There is created the Iowa law enforcement academy 82 30 council which shall consist of the following seven voting 82 31 members appointed by the governor subject to confirmation by 82 32 the senate to terms of four years commencing as provided in 82 33 section 69.19: 82 34 1. a. Three residents of the state. 82 35 2. b. A sheriff of a county. 83 1 3. c. A police officer who is a member of a police 83 2 department of a city with a population larger than fifty 83 3 thousand persons. 83 4 4. d. A police officer who is a member of a police 83 5 department of a city with a population of less than fifty 83 6 thousand persons. 83 7 5. e. A member of the department of public safety. 83 8 2. One senator appointed by the president of the senate 83 9 after consultation with the majority leader and the minority 83 10 leader of the senate and one representative appointed by the 83 11 speaker of the house are also ex officio, nonvoting members of 83 12 the council. 83 13 3. In the event a member appointed pursuant to this 83 14 section is unable to complete a term, the vacancy shall be 83 15 filled for the unexpired term in the same manner as the 83 16 original appointment. 83 17 Sec. 92. Section 85.61, subsections 2, 7, and 11, Code 83 18 Supplement 2007, are amended to read as follows: 83 19 2. "Employer" includes and applies to a the following: 83 20 a. A person, firm, association, or corporation, state, 83 21 county, municipal corporation, school corporation, area 83 22 education agency, township as an employer of volunteer fire 83 23 fighters, volunteer emergency rescue technicians, and 83 24 emergency medical care providers only, benefited fire 83 25 district, and the legal representatives of a deceased 83 26 employer. "Employer" includes and applies to a 83 27 b. A rehabilitation facility approved for 83 28 purchase=of=service contracts or for referrals by the 83 29 department of human services or the department of education. 83 30 c. "Employer" also includes and applies to an An eligible 83 31 postsecondary institution as defined in section 261C.3, 83 32 subsection 1, a school corporation, or an accredited nonpublic 83 33 school if a student enrolled in the eligible postsecondary 83 34 institution, school corporation, or accredited nonpublic 83 35 school is providing unpaid services under a school=to=work 84 1 program that includes, but is not limited to, the components 84 2 provided for in section 258.10, subsection 2, paragraphs "a" 84 3 through "f". However, if a student participating in a 84 4 school=to=work program is participating in open enrollment 84 5 under section 282.18, "employer" means the receiving district. 84 6 "Employer" also includes and applies to a 84 7 d. A community college as defined in section 260C.2, if a 84 8 student enrolled in the community college is providing unpaid 84 9 services under a school=to=work program that includes but is 84 10 not limited to the components provided for in section 258.10, 84 11 subsection 2, paragraphs "a" through "f", and that is offered 84 12 by the community college pursuant to a contractual agreement 84 13 with a school corporation or accredited nonpublic school to 84 14 provide the program. If a student participating in a 84 15 school=to=work program that includes but is not limited to the 84 16 components provided for in section 258.10, subsection 2, 84 17 paragraphs "a" through "f", is paid for services provided 84 18 under the program, "employer" means any entity otherwise 84 19 defined as an employer under this subsection which pays the 84 20 student for providing services under the program. 84 21 7. The words "personal injury arising out of and in the 84 22 course of the employment" shall include injuries to employees 84 23 whose services are being performed on, in, or about the 84 24 premises which are occupied, used, or controlled by the 84 25 employer, and also injuries to those who are engaged elsewhere 84 26 in places where their employer's business requires their 84 27 presence and subjects them to dangers incident to the 84 28 business. 84 29 a. Personal injuries sustained by a volunteer fire fighter 84 30 arise in the course of employment if the injuries are 84 31 sustained at any time from the time the volunteer fire fighter 84 32 is summoned to duty as a volunteer fire fighter until the time 84 33 the volunteer fire fighter is discharged from duty by the 84 34 chief of the volunteer fire department or the chief's 84 35 designee. 85 1 b. Personal injuries sustained by volunteer emergency 85 2 rescue technicians or emergency medical care providers as 85 3 defined in section 147A.1 arise in the course of employment if 85 4 the injuries are sustained at any time from the time the 85 5 volunteer emergency rescue technicians or emergency medical 85 6 care providers are summoned to duty until the time those 85 7 duties have been fully discharged. 85 8 11. a. "Worker" or "employee" means a person who has 85 9 entered into the employment of, or works under contract of 85 10 service, express or implied, or apprenticeship, for an 85 11 employer; an executive officer elected or appointed and 85 12 empowered under and in accordance with the charter and bylaws 85 13 of a corporation, including a person holding an official 85 14 position, or standing in a representative capacity of the 85 15 employer; an official elected or appointed by the state, or a 85 16 county, school district, area education agency, municipal 85 17 corporation, or city under any form of government; a member of 85 18 the state patrol; a conservation officer; and a proprietor, 85 19 limited liability company member, limited liability partner, 85 20 or partner who elects to be covered pursuant to section 85.1A, 85 21 except as specified in this chapter. 85 22 b. a. "Worker" or "employee" includes an the following: 85 23 (1) An inmate as defined in section 85.59 and a person 85 24 described in section 85.60. 85 25 c. (2) "Worker" or "employee" includes an An emergency 85 26 medical care provider as defined in section 147A.1, a 85 27 volunteer emergency rescue technician as defined in section 85 28 147A.1, a volunteer ambulance driver, or an emergency medical 85 29 technician trainee, only if an agreement is reached between 85 30 such worker or employee and the employer for whom the 85 31 volunteer services are provided that workers' compensation 85 32 coverage under this chapter and chapters 85A and 85B is to be 85 33 provided by the employer. An emergency medical care provider 85 34 or volunteer emergency rescue technician who is a worker or 85 35 employee under this paragraph subparagraph is not a casual 86 1 employee. "Volunteer ambulance driver" means a person 86 2 performing services as a volunteer ambulance driver at the 86 3 request of the person in charge of a fire department or 86 4 ambulance service of a municipality. "Emergency medical 86 5 technician trainee" means a person enrolled in and training 86 6 for emergency medical technician certification. 86 7 d. (3) "Worker" or "employee" includes a A real estate 86 8 agent who does not provide the services of an independent 86 9 contractor. For the purposes of this paragraph "d" 86 10 subparagraph, a real estate agent is an independent contractor 86 11 if the real estate agent is licensed by the Iowa real estate 86 12 commission as a salesperson and both of the following apply: 86 13 (1) (a) Seventy=five percent or more of the remuneration, 86 14 whether or not paid in cash, for the services performed by the 86 15 individual as a real estate salesperson is derived from one 86 16 company and is directly related to sales or other output, 86 17 including the performance of services, rather than to the 86 18 number of hours worked. 86 19 (2) (b) The services performed by the individual are 86 20 performed pursuant to a written contract between the 86 21 individual and the person for whom the services are performed, 86 22 and the contract provides that the individual will not be 86 23 treated as an employee with respect to the services for state 86 24 tax purposes. 86 25 e. (4) "Worker" or "employee" includes a A student 86 26 enrolled in a public school corporation or accredited 86 27 nonpublic school who is participating in a school=to=work 86 28 program that includes but is not limited to the components 86 29 provided for in section 258.10, subsection 2, paragraphs "a" 86 30 through "f". "Worker" or "employee" also includes a 86 31 (5) A student enrolled in a community college as defined 86 32 in section 260C.2, who is participating in a school=to=work 86 33 program that includes but is not limited to the components 86 34 provided for in section 258.10, subsection 2, paragraphs "a" 86 35 through "f", and that is offered by the community college 87 1 pursuant to a contractual agreement with a school corporation 87 2 or accredited nonpublic school to provide the program. 87 3 f. b. The term "worker" or "employee" shall include the 87 4 singular and plural. Any reference to a worker or employee 87 5 who has been injured shall, when such worker or employee is 87 6 dead, include the worker's or employee's dependents as herein 87 7 defined or the worker's or employee's legal representatives; 87 8 and where the worker or employee is a minor or incompetent, it 87 9 shall include the minor's or incompetent's guardian, next 87 10 friend, or trustee. Notwithstanding any law prohibiting the 87 11 employment of minors, all minor employees shall be entitled to 87 12 the benefits of this chapter and chapters 86 and 87 regardless 87 13 of the age of such minor employee. 87 14 g. c. The following persons shall not be deemed "workers" 87 15 or "employees": 87 16 (1) A person whose employment is purely casual and not for 87 17 the purpose of the employer's trade or business except as 87 18 otherwise provided in section 85.1. 87 19 (2) An independent contractor. 87 20 (3) An owner=operator who, as an individual or partner, or 87 21 shareholder of a corporate owner=operator, owns a vehicle 87 22 licensed and registered as a truck, road tractor, or truck 87 23 tractor by a governmental agency, is an independent contractor 87 24 while performing services in the operation of the 87 25 owner=operator's vehicle if all of the following conditions 87 26 are substantially present: 87 27 (a) The owner=operator is responsible for the maintenance 87 28 of the vehicle. 87 29 (b) The owner=operator bears the principal burden of the 87 30 vehicle's operating costs, including fuel, repairs, supplies, 87 31 collision insurance, and personal expenses for the operator 87 32 while on the road. 87 33 (c) The owner=operator is responsible for supplying the 87 34 necessary personnel to operate the vehicle, and the personnel 87 35 are considered the owner=operator's employees. 88 1 (d) The owner=operator's compensation is based on factors 88 2 related to the work performed, including a percentage of any 88 3 schedule of rates or lawfully published tariff, and not on the 88 4 basis of the hours or time expended. 88 5 (e) The owner=operator determines the details and means of 88 6 performing the services, in conformance with regulatory 88 7 requirements, operating procedures of the carrier, and 88 8 specifications of the shipper. 88 9 (f) The owner=operator enters into a contract which 88 10 specifies the relationship to be that of an independent 88 11 contractor and not that of an employee. 88 12 (4) Directors of a corporation who are not at the same 88 13 time employees of the corporation; or directors, trustees, 88 14 officers, or other managing officials of a nonprofit 88 15 corporation or association who are not at the same time 88 16 full=time employees of the nonprofit corporation or 88 17 association. 88 18 (5) Proprietors, limited liability company members, 88 19 limited liability partners, and partners who have not elected 88 20 to be covered by the workers' compensation law of this state 88 21 pursuant to section 85.1A. 88 22 Sec. 93. Section 88.8, subsection 3, Code 2007, is amended 88 23 to read as follows: 88 24 3. CONTESTED NOTICE. 88 25 a. If an employer notifies the commissioner that the 88 26 employer intends to contest a citation issued under section 88 27 88.7, or notification issued under subsection 1 or 2 of this 88 28 section or if, within fifteen working days of the issuance of 88 29 a citation under section 88.7, any employee or authorized 88 30 employee representative files a notice with the commissioner 88 31 alleging that the period of time fixed in the citation for the 88 32 abatement of the violation is unreasonable, the commissioner 88 33 shall immediately advise the appeal board of such 88 34 notification, and the appeal board shall afford an opportunity 88 35 for a hearing. 89 1 b. At the hearing, the appeal board shall act as an 89 2 adjudicatory body. The appeal board shall thereafter issue an 89 3 order, based on findings of fact, affirming, modifying, or 89 4 vacating the commissioner's citation or proposed penalty or 89 5 directing other appropriate relief, and such order shall 89 6 become final thirty days after its issuance. 89 7 c. Upon a showing by an employer of a good faith effort to 89 8 comply with the abatement requirements of a citation, and that 89 9 abatement has not been completed because of factors beyond the 89 10 employer's reasonable control, the commissioner, after an 89 11 opportunity for a hearing shall issue an order affirming or 89 12 modifying the abatement requirements in such citation. 89 13 d. The rules of procedure prescribed by the appeal board 89 14 shall provide affected employees or representatives of 89 15 affected employees an opportunity to participate as parties to 89 16 hearings under this subsection, and shall conform to rules of 89 17 procedure adopted under the federal law by federal authorities 89 18 insofar as the federal rules of procedure do not conflict with 89 19 state law. 89 20 4. WITHDRAWAL OF CITATION OR SETTLEMENT. The commissioner 89 21 has unreviewable discretion to withdraw a citation charging an 89 22 employer with violating this chapter. If the parties enter 89 23 into a settlement agreement prior to a hearing, the employment 89 24 appeal board shall enter an order affirming the agreement. 89 25 Sec. 94. Section 100B.1, subsection 1, Code 2007, is 89 26 amended to read as follows: 89 27 1. The state fire service and emergency response council 89 28 is established in the division of state fire marshal of the 89 29 department of public safety. 89 30 a. The council shall consist of eleven voting members and 89 31 one ex officio, nonvoting member. Members Voting members of 89 32 the state fire service and emergency response council shall be 89 33 appointed by the governor. 89 34 (1) The governor shall appoint voting members of the 89 35 council from a list of nominees submitted by each of the 90 1 following organizations: 90 2 a. (a) Two members from a list submitted by the Iowa 90 3 firemen's association. 90 4 b. (b) Two members from a list submitted by the Iowa fire 90 5 chiefs' association. 90 6 c. (c) One member from a list submitted by the Iowa 90 7 association of professional fire fighters. 90 8 d. (d) Two members from a list submitted by the Iowa 90 9 association of professional fire chiefs. 90 10 e. (e) One member from a list submitted by the Iowa fire 90 11 fighters group. 90 12 f. (f) One member from a list submitted by the Iowa 90 13 emergency medical services association. 90 14 (2) A person nominated for inclusion in the voting 90 15 membership on the council is not required to be a member of 90 16 the organization that nominates the person. 90 17 (3) The tenth and eleventh members of the council shall be 90 18 members of the general public appointed by the governor. 90 19 (4) The labor commissioner, or the labor commissioner's 90 20 designee, shall be a nonvoting, ex officio member of the 90 21 council. 90 22 b. Members of the council shall hold office commencing 90 23 July 1, 2000, for four years and until their successors are 90 24 appointed, except that three initial appointees shall be 90 25 appointed for two years, four initial appointees for three 90 26 years, and four initial appointees for four years. 90 27 c. The fire marshal or the fire marshal's designee shall 90 28 attend each meeting of the council. 90 29 Sec. 95. Section 80.34, Code Supplement 2007, is repealed. 90 30 DIVISION III 90 31 CONFORMING AMENDMENTS TO MISCELLANEOUS PROVISIONS 90 32 AND VOLUME I RENUMBERING 90 33 Sec. 96. Section 7J.1, subsection 7, paragraph b, 90 34 subparagraph (3), Code 2007, is amended to read as follows: 90 35 (3) The administrative rules review committee shall review 91 1 the proposed waiver or suspension at the committee's next 91 2 scheduled meeting following submission of the proposal and may 91 3 either take no action or affirmatively approve the waiver or 91 4 suspension, or delay the effective date of the waiver or 91 5 suspension in the same manner as for rules as provided in 91 6 section 17A.4, subsection 5 6, and section 17A.8, subsection 91 7 9. If the administrative rules review committee either 91 8 approves or takes no action concerning the proposed waiver or 91 9 suspension, the waiver or suspension may become effective no 91 10 earlier than the day following the meeting. If the 91 11 administrative rules review committee delays the effective 91 12 date of the waiver or suspension but no further action is 91 13 taken to rescind the waiver or suspension, the proposed waiver 91 14 or suspension may become effective no earlier than upon the 91 15 conclusion of the delay. The administrative rules review 91 16 committee shall notify the applicable charter agency of its 91 17 action concerning the proposed waiver or suspension. 91 18 Sec. 97. Section 8D.13, subsection 19, Code 2007, is 91 19 amended to read as follows: 91 20 19. Access to the network shall be offered to the 91 21 department of public safety and the department of public 91 22 defense for the purpose of establishing and operating a shared 91 23 data=only network providing law enforcement, emergency 91 24 management, disaster service, emergency warning, and other 91 25 emergency information dissemination services to federal, 91 26 state, and local law enforcement agencies as provided in 91 27 section sections 80.9 and 80.9B, and local emergency 91 28 management offices established under the authority of sections 91 29 29C.9 and 29C.10. 91 30 Sec. 98. Section 17A.8, subsection 8, Code 2007, is 91 31 amended to read as follows: 91 32 8. If the committee finds objection to a rule, it may 91 33 utilize the procedure provided in section 17A.4, subsection 5 91 34 6. In addition or in the alternative, the committee may 91 35 include in the referral, under subsection 7, a recommendation 92 1 that this rule be overcome by statute. If the committee of 92 2 the general assembly to which a rule is referred finds 92 3 objection to the referred rule, it may recommend to the 92 4 general assembly that this rule be overcome by statute. This 92 5 section shall not be construed to prevent a committee of the 92 6 general assembly from reviewing a rule on its own motion. 92 7 Sec. 99. Section 19B.12, subsections 3 and 4, Code 2007, 92 8 are amended to read as follows: 92 9 3. a. As used in this section, "sexual harassment" means 92 10 persistent, repetitive, or highly egregious conduct directed 92 11 at a specific individual or group of individuals that a 92 12 reasonable person would interpret as intentional harassment of 92 13 a sexual nature, taking into consideration the full context in 92 14 which the conduct occurs, which conduct threatens to impair 92 15 the ability of a person to perform the duties of employment, 92 16 or otherwise function normally within an institution 92 17 responsible for the person's care, rehabilitation, education, 92 18 or training. 92 19 b. "Sexual harassment" may include, but is not limited to, 92 20 the following: 92 21 a. (1) Unsolicited sexual advances by a person toward 92 22 another person who has clearly communicated the other person's 92 23 desire not to be the subject of those advances. 92 24 b. (2) Sexual advances or propositions made by a person 92 25 having superior authority toward another person within the 92 26 workplace or institution. 92 27 c. (3) Instances of offensive sexual remarks or speech or 92 28 graphic sexual displays directed at a person in the workplace 92 29 or institution, who has clearly communicated the person's 92 30 objection to that conduct, and where the person is not free to 92 31 avoid that conduct due to the requirements of the employment 92 32 or the confines or operations of the institution. 92 33 d. (4) Dress requirements that bear no relation to the 92 34 person's employment responsibilities or institutional status. 92 35 4. The department of administrative services for all state 93 1 agencies, and the state board of regents for its institutions, 93 2 shall adopt rules and appropriate internal, confidential 93 3 grievance procedures to implement this section, and shall 93 4 adopt procedures for determining violations of this section 93 5 and for ordering appropriate dispositions that may include, 93 6 but are not limited to, discharge, suspension, or reduction in 93 7 rank or grade as defined in section 8A.413, subsection 16 18. 93 8 Sec. 100. Section 80B.13, subsection 10, Code Supplement 93 9 2007, is amended to read as follows: 93 10 10. Secure the assistance of the state division of 93 11 criminal investigation in the investigation of alleged 93 12 violations, as provided under section 80.9 80.9A, subsection 1 93 13 6, paragraphs "c" and "g", of the provisions adopted under 93 14 section 80B.11. 93 15 Sec. 101. Section 87.1, subsection 2, Code Supplement 93 16 2007, is amended to read as follows: 93 17 2. A motor carrier who contracts with an owner=operator 93 18 who is acting as an independent contractor pursuant to section 93 19 85.61, subsection 11, paragraph "g" "c", shall not be required 93 20 to insure the motor carrier's liability for the 93 21 owner=operator. A motor carrier may procure compensation 93 22 liability insurance coverage for these owner=operators, and 93 23 may charge the owner=operator for the costs of the premiums. 93 24 A motor carrier shall require the owner=operator to provide 93 25 and maintain a certificate of workers' compensation insurance 93 26 covering the owner=operator's employees. An owner=operator 93 27 shall remain responsible for providing compensation liability 93 28 insurance for the owner=operator's employees. 93 29 Sec. 102. Section 87.23, Code Supplement 2007, is amended 93 30 to read as follows: 93 31 87.23 COMPENSATION LIABILITY INSURANCE NOT REQUIRED. 93 32 A corporation, association, or organization approved by the 93 33 commissioner of insurance to provide compensation liability 93 34 insurance shall not require a motor carrier that contracts 93 35 with an owner=operator who is acting as an independent 94 1 contractor pursuant to section 85.61, subsection 11, paragraph 94 2 "g" "c", to purchase compensation liability insurance for the 94 3 employer's liability for the owner=operator or its employees. 94 4 Sec. 103. Section 100B.22, subsection 6, Code Supplement 94 5 2007, is amended to read as follows: 94 6 6. The state fire marshal may adopt administrative rules 94 7 under section 17A.4, subsection 2 3, and section 17A.5, 94 8 subsection 2, paragraph "b", to administer this section. 94 9 Sec. 104. Section 141A.9, subsection 2, paragraph j, Code 94 10 Supplement 2007, is amended to read as follows: 94 11 j. To employees of state correctional institutions subject 94 12 to the jurisdiction of the department of corrections, 94 13 employees of secure facilities for juveniles subject to the 94 14 department of human services, and employees of city and county 94 15 jails, if the employees have direct supervision over inmates 94 16 of those facilities or institutions in the exercise of the 94 17 duties prescribed pursuant to section 80.9, subsection 2, 94 18 paragraph "d" 80.9B. 94 19 Sec. 105. Section 147.102, Code Supplement 2007, is 94 20 amended to read as follows: 94 21 147.102 PSYCHOLOGISTS, CHIROPRACTORS, AND DENTISTS. 94 22 Notwithstanding the provisions of this subtitle, every 94 23 application for a license to practice psychology, 94 24 chiropractic, or dentistry shall be made directly to the 94 25 chairperson, executive director, or secretary of the board of 94 26 such profession, and every reciprocal agreement for the 94 27 recognition of any such license issued in another state shall 94 28 be negotiated by the board for such profession. All 94 29 examination, license, and renewal fees received from persons 94 30 licensed to practice any of such professions shall be paid to 94 31 and collected by the chairperson, executive director, or 94 32 secretary of the board of such profession. The salary of the 94 33 secretary shall be established by the governor with the 94 34 approval of the executive council pursuant to section 8A.413, 94 35 subsection 2 3, under the pay plan for exempt positions in the 95 1 executive branch of government. 95 2 Sec. 106. Section 147.103A, subsection 4, Code Supplement 95 3 2007, is amended to read as follows: 95 4 4. Applications for a license shall be made to the 95 5 chairperson, executive director, or secretary of the board. 95 6 All examination, license, and renewal fees shall be paid to 95 7 and collected by the chairperson, executive director, or 95 8 secretary of the board. The salary of the executive director 95 9 of the board shall be established by the governor with 95 10 approval of the executive council pursuant to section 8A.413, 95 11 subsection 2 3, under the pay plan for exempt positions in the 95 12 executive branch of government. 95 13 Sec. 107. Section 152.2, Code 2007, is amended to read as 95 14 follows: 95 15 152.2 EXECUTIVE DIRECTOR == ASSISTANTS. 95 16 The board shall appoint a full=time executive director. 95 17 The executive director shall be a registered nurse and shall 95 18 not be a member of the board. The governor, with the approval 95 19 of the executive council pursuant to section 8A.413, 95 20 subsection 2 3, under the pay plan for exempt positions in the 95 21 executive branch of government, shall set the salary of the 95 22 executive director. 95 23 Sec. 108. Section 231.22, Code 2007, is amended to read as 95 24 follows: 95 25 231.22 DIRECTOR. 95 26 1. The governor, subject to confirmation by the senate, 95 27 shall appoint a director of the department of elder affairs 95 28 who shall, subject to chapter 8A, subchapter IV, employ and 95 29 direct staff as necessary to carry out the powers and duties 95 30 created by this chapter. The director shall serve at the 95 31 pleasure of the governor. However, the director is subject to 95 32 reconfirmation by the senate as provided in section 2.32, 95 33 subsection 8 3. The governor shall set the salary for the 95 34 director within the range set by the general assembly. 95 35 2. The director shall have the following qualifications 96 1 and training: 96 2 1. a. Training in the field of gerontology, social work, 96 3 public health, public administration, or other related fields. 96 4 2. b. Direct experience or extensive knowledge of 96 5 programs and services related to elders. 96 6 3. c. Demonstrated understanding and concern for the 96 7 welfare of elders. 96 8 4. d. Demonstrated competency and recent working 96 9 experience in an administrative, supervisory, or management 96 10 position. 96 11 Sec. 109. Section 249A.20A, subsection 10, Code 2007, is 96 12 amended to read as follows: 96 13 10. The department may adopt administrative rules under 96 14 section 17A.4, subsection 2 3, and section 17A.5, subsection 96 15 2, paragraph "b", to implement this section. 96 16 Sec. 110. Section 252I.1, subsection 10, Code Supplement 96 17 2007, is amended to read as follows: 96 18 10. "Working days" means only Monday, Tuesday, Wednesday, 96 19 Thursday, and Friday, but excluding the holidays specified in 96 20 section 1C.2, subsections subsection 1 through 9. 96 21 Sec. 111. Section 313.4, subsections 1, 3, and 4, Code 96 22 2007, are amended to read as follows: 96 23 1. a. Said primary road fund is hereby appropriated for 96 24 and shall be used in the establishment, construction and 96 25 maintenance of the primary road system, including the 96 26 drainage, grading, surfacing, construction of bridges and 96 27 culverts, the elimination or improvement of railroad 96 28 crossings, the acquiring of additional right=of=way, all other 96 29 expense incurred in the construction and maintenance of said 96 30 primary road system and the maintenance and housing of the 96 31 department. 96 32 b. The department may expend moneys from the fund for dust 96 33 control on a secondary road or municipal street within a 96 34 municipal street system when there is a notable increase in 96 35 traffic on the secondary road or municipal street due to 97 1 closure of a road by the department for purposes of 97 2 establishing, constructing, or maintaining a primary road. 97 3 3. There is appropriated from funds appropriated to the 97 4 department which would otherwise revert to the primary road 97 5 fund pursuant to the provisions of the Act appropriating the 97 6 funds or chapter 8, an amount sufficient to pay the increase 97 7 in salaries, which increase is not otherwise provided for by 97 8 the general assembly in an appropriation bill, resulting from 97 9 the annual review of the merit pay plan as provided in section 97 10 8A.413, subsection 2 3. The appropriation herein provided 97 11 shall be in effect from the effective date of the revised pay 97 12 plan to the end of the fiscal biennium in which it becomes 97 13 effective. 97 14 4. a. Such fund is appropriated and shall be used by the 97 15 department to provide energy and for the operation and 97 16 maintenance of those primary road freeway lighting systems 97 17 within the corporate boundaries of cities including energy and 97 18 maintenance costs associated with interchange conflict 97 19 lighting on existing and future freeway and expressway 97 20 segments constructed to interstate standards. 97 21 b. The costs of serving freeway lighting for each utility 97 22 providing the service shall be determined by the utilities 97 23 division of the department of commerce, and rates for such 97 24 service shall be no higher than necessary to recover these 97 25 costs. Funds received under the provisions of this subsection 97 26 shall be used solely for the operation and maintenance of a 97 27 freeway lighting system. 97 28 Sec. 112. Section 321.20B, subsection 1, Code Supplement 97 29 2007, is amended to read as follows: 97 30 1. a. Notwithstanding chapter 321A, which requires 97 31 certain persons to maintain proof of financial responsibility, 97 32 a person shall not drive a motor vehicle on the highways of 97 33 this state unless financial liability coverage, as defined in 97 34 section 321.1, subsection 24B, is in effect for the motor 97 35 vehicle and unless the driver has in the motor vehicle the 98 1 proof of financial liability coverage card issued for the 98 2 motor vehicle, or if the vehicle is registered in another 98 3 state, other evidence that financial liability coverage is in 98 4 effect for the motor vehicle. 98 5 b. It shall be conclusively presumed that a motor vehicle 98 6 driven upon a parking lot which is available to the public 98 7 without charge or which is available to customers or invitees 98 8 of a business or facility without charge was driven on the 98 9 highways of this state in order to enter the parking lot, and 98 10 this section shall be applicable to such a motor vehicle. As 98 11 used in this section, "parking lot" includes access roads, 98 12 drives, lanes, aisles, entrances, and exits to and from a 98 13 parking lot described in this paragraph. 98 14 c. This subsection does not apply to the operator of a 98 15 motor vehicle owned by or leased to the United States, this 98 16 state or another state, or any political subdivision of this 98 17 state or of another state, or to a motor vehicle which is 98 18 subject to section 325A.6 or 327B.6. 98 19 Sec. 113. Section 321A.33, Code 2007, is amended to read 98 20 as follows: 98 21 321A.33 EXCEPTIONS. 98 22 This chapter does not apply to any motor vehicle owned by 98 23 the United States, this state, or any political subdivision of 98 24 this state or to any operator, except for section 321A.4, 98 25 while on official duty operating such motor vehicle. This 98 26 chapter does not apply, except for sections 321A.4 and 98 27 321A.26, to any motor vehicle which is subject to section 98 28 325A.6 or 327B.6. 98 29 Sec. 114. Section 421.17A, subsection 1, paragraph h, Code 98 30 Supplement 2007, is amended to read as follows: 98 31 h. "Working days" means Monday through Friday, excluding 98 32 the holidays specified in section 1C.2, subsections subsection 98 33 1 through 9. 98 34 Sec. 115. Section 455G.4, subsections 1 and 3, Code 2007, 98 35 are amended to read as follows: 99 1 1. MEMBERS OF THE BOARD. 99 2 a. The Iowa comprehensive petroleum underground storage 99 3 tank fund board is established consisting of the following 99 4 members: 99 5 a. (1) The director of the department of natural 99 6 resources, or the director's designee. 99 7 b. (2) The treasurer of state, or the treasurer's 99 8 designee. 99 9 c. (3) The commissioner of insurance, or the 99 10 commissioner's designee. 99 11 d. (4) Two public members appointed by the governor and 99 12 confirmed by the senate to staggered four=year terms, except 99 13 that of the first members appointed, one public member shall 99 14 be appointed for a term of two years and one for a term of 99 15 four years. A public member shall have experience, knowledge, 99 16 and expertise of the subject matter embraced within this 99 17 chapter. Two public members shall be appointed with 99 18 experience in either, or both, financial markets or insurance. 99 19 e. (5) Two owners or operators appointed by the governor. 99 20 One of the owners or operators appointed pursuant to this 99 21 paragraph subparagraph shall have been a petroleum systems 99 22 insured through the underground storage tank insurance fund as 99 23 it existed on June 30, 2004, or a successor to the underground 99 24 storage tank insurance fund and shall have been an insured 99 25 through the insurance account of the comprehensive petroleum 99 26 underground storage tank fund on or before October 26, 1990. 99 27 One of the owners or operators appointed pursuant to this 99 28 paragraph subparagraph shall be self=insured. 99 29 f. (6) The director of the legislative services agency, 99 30 or the director's designee. The director under this paragraph 99 31 subparagraph shall not participate as a voting member of the 99 32 board. 99 33 b. A public member appointed pursuant to paragraph "d" 99 34 "a", subparagraph (4), shall not have a conflict of interest. 99 35 For purposes of this section a "conflict of interest" means an 100 1 affiliation, within the twelve months before the member's 100 2 appointment, with the regulated tank community, or with a 100 3 person or property and casualty insurer offering competitive 100 4 insurance or other means of financial assurance or which 100 5 previously offered environmental hazard insurance for a member 100 6 of the regulated tank community. 100 7 c. The filling of positions reserved for public 100 8 representatives, vacancies, membership terms, payment of 100 9 compensation and expenses, and removal of members are governed 100 10 by chapter 69. Members of the board are entitled to receive 100 11 reimbursement of actual expenses incurred in the discharge of 100 12 their duties within the limits of funds appropriated to the 100 13 board or made available to the fund. Each member of the board 100 14 may also be eligible to receive compensation as provided in 100 15 section 7E.6. The members shall elect a voting chairperson of 100 16 the board from among the members of the board. 100 17 3. RULES AND EMERGENCY RULES. 100 18 a. The board shall adopt rules regarding its practice and 100 19 procedures, develop underwriting standards, establish 100 20 procedures for investigating and settling claims made against 100 21 the fund, and otherwise implement and administer this chapter. 100 22 b. The board may adopt administrative rules under section 100 23 17A.4, subsection 2, and section 17A.5, subsection 2, 100 24 paragraph "b", to implement this subsection for one year after 100 25 May 5, 1989. 100 26 c. b. Rules necessary for the implementation and 100 27 collection of the environmental protection charge shall be 100 28 adopted on or before June 1, 1989. 100 29 d. c. Rules to facilitate and encourage the use of 100 30 community remediation whenever possible shall be adopted. 100 31 e. d. The board shall adopt rules relating to appeal 100 32 procedures which shall require the administrator to deliver 100 33 notice of appeal to the affected parties within fifteen days 100 34 of receipt of notice, require that the hearing be held within 100 35 one hundred eighty days of the filing of the petition unless 101 1 good cause is shown for the delay, and require that a final 101 2 decision be issued no later than one hundred twenty days 101 3 following the close of the hearing. The time restrictions in 101 4 this paragraph may be waived by mutual agreement of the 101 5 parties. 101 6 Sec. 116. Section 474.1, Code 2007, is amended to read as 101 7 follows: 101 8 474.1 CREATION OF DIVISION AND BOARD == ORGANIZATION. 101 9 1. A utilities division is created within the department 101 10 of commerce. The policymaking body for the division is the 101 11 utilities board which is created within the division. The 101 12 board is composed of three members appointed by the governor 101 13 and subject to confirmation by the senate, not more than two 101 14 of whom shall be from the same political party. Each member 101 15 appointed shall serve for six=year staggered terms beginning 101 16 and ending as provided by section 69.19. Vacancies shall be 101 17 filled for the unexpired portion of the term in the same 101 18 manner as full=term appointments are made. 101 19 2. The utilities board shall organize by appointing an 101 20 executive secretary, who shall take the same oath as the 101 21 members. The board shall set the salary of the executive 101 22 secretary within the limits of the pay plan for exempt 101 23 positions provided for in section 8A.413, subsection 2 3, 101 24 unless otherwise provided by the general assembly. The board 101 25 may employ additional personnel as it finds necessary. 101 26 Subject to confirmation by the senate, the governor shall 101 27 appoint a member as the chairperson of the board. The 101 28 chairperson shall be the administrator of the utilities 101 29 division. The appointment as chairperson shall be for a 101 30 two=year term which begins and ends as provided in section 101 31 69.19. 101 32 3. As used in this chapter and chapters 475A, 476, 476A, 101 33 478, 479, 479A, and 479B, "division" and "utilities division" 101 34 mean the utilities division of the department of commerce. 101 35 DIVISION IV 102 1 EFFECTIVE DATE == RETROACTIVE APPLICABILITY 102 2 Sec. 117. EFFECTIVE DATE == RETROACTIVE APPLICABILITY. 102 3 The section of this Act amending section 490.624, subsection 102 4 2, being deemed of immediate importance, takes effect upon 102 5 enactment and applies retroactively to July 1, 1989. 102 6 EXPLANATION 102 7 This bill contains statutory corrections that adjust 102 8 language to reflect current practices, insert earlier 102 9 omissions, delete redundancies and inaccuracies, delete 102 10 temporary language, resolve inconsistencies and conflicts, 102 11 update ongoing provisions, or remove ambiguities. The Code 102 12 sections amended include the following: 102 13 DIVISION I == MISCELLANEOUS PROVISIONS. Code section 1C.2: 102 14 Removes language relating to paid vacation leave from the list 102 15 of paid state holidays and places it with other language 102 16 relating to annual paid leave. The entire Code section is 102 17 also renumbered and internal references are corrected. 102 18 Code section 2.40(1): Deletes a sentence relating to 102 19 legislator participation in state health care plans from the 102 20 second unnumbered paragraph of this subsection, that conflicts 102 21 with language in the first unnumbered paragraph and paragraphs 102 22 "a" through "c". The entire subsection is also organized by 102 23 dividing the second unnumbered paragraph into its respective 102 24 concepts and moving a sentence relating to a former 102 25 legislator's ability to participate in state health care plans 102 26 from the end of the paragraph to be with language relating to 102 27 how former legislators may continue their health care coverage 102 28 under state group health care plans. The conflict in the 102 29 sentence that is deleted in the bill was created when the 102 30 sentence was amended by 1989 Iowa Acts, ch. 303, section 14, 102 31 to eliminate portions of the sentence that show that the 102 32 sentence was originally designed as a transitional provision 102 33 for legislative participation in state group health care 102 34 plans. 102 35 Code section 2C.16: Reorganizes this provision relating to 103 1 the stating of recommendations by the citizens' aide to an 103 2 agency by moving a sentence fragment from the end of the first 103 3 sentence in paragraph "e" to the prefatory language at the 103 4 beginning of the Code section. The Code section is also 103 5 renumbered to eliminate unnumbered paragraphs from the Code 103 6 section. 103 7 Code section 3.1: Conforms language in an existing 103 8 subsection to qualifying lead=in language in the Code section 103 9 and renumbers the entire provision to eliminate unnumbered 103 10 paragraphs. 103 11 Code section 3.3: Corrects drafting errors made in 2007 103 12 legislation updating the section. This bill strikes a comma 103 13 preceding an essential clause and inserts "not" to conform to 103 14 the intent of the Code section as previously enacted. 103 15 Code section 4.13: Updates and reorganizes this general 103 16 statutory savings clause provision by correcting spelling, 103 17 updating use of terminology, and renumbering the provision to 103 18 eliminate unnumbered paragraphs. 103 19 Code section 7E.5: Adds language relating to services 103 20 provided by the department of human rights to Iowans of Asian 103 21 and Pacific Islander heritage to this provision to conform the 103 22 provision to changes made to Code chapter 216A by 2004 Iowa 103 23 Acts, ch. 1020. 103 24 Code sections 8A.101(1) and 8F.2(1): Strikes a reference 103 25 to "examining or licensing board" in a provision defining 103 26 agency or state agency as certain entities defined in Code 103 27 section 7E.4. The provision includes "board" as one of such 103 28 entities. Although "board" is defined in Code section 7E.4 to 103 29 include professional licensing boards, "examining or licensing 103 30 board" is not a defined term in that Code section. 103 31 Code section 9D.2(5) and 9D.3: Renumbers the second 103 32 unnumbered paragraph in subsection 5 of current Code section 103 33 9D.2 as new subsection 6 and changes terminology used in both 103 34 Code sections 9D.2 and 9D.3 to refer to the application for 103 35 registration filed by a travel agency to conform to other 104 1 terminology in this provision relating to registration of 104 2 travel agencies doing business in Iowa. 104 3 Code section 13A.3: Eliminates obsolete language relating 104 4 to the staggering of the terms of members of the prosecuting 104 5 attorneys training council in this provision establishing the 104 6 council and numbers the provision to eliminate unnumbered 104 7 paragraphs. 104 8 Code sections 15.221 through 15.225 (repealed at end of 104 9 division of bill): Repeals provisions establishing and 104 10 regulating the Iowa Lewis and Clark bicentennial commission 104 11 and fund. Code section 15.225 provided for dissolution of the 104 12 commission by December 31, 2007, and all expenses of the 104 13 commission have been paid. 104 14 Code section 15.421(2) and (3): Clarifies that the 104 15 generation Iowa commission shall include, rather than consist 104 16 of, 15 voting members, in addition to four legislative 104 17 nonvoting, ex officio members. The bill also makes 104 18 corresponding changes clarifying that certain age requirement 104 19 and appointment provisions apply only to voting members. 104 20 Code section 15E.17(4): Deletes language relating to the 104 21 former savings and loan division of the department of 104 22 commerce. That division was eliminated and its authority 104 23 transferred to the banking division of the department of 104 24 commerce in 2007 Iowa Acts, ch. 88. 104 25 Code section 15G.111(2): Deletes language relating to 104 26 submission of a report by the legislative services agency by 104 27 September 30, 2007, from this provision relating to allocation 104 28 of funds from the grow Iowa values fund to state board of 104 29 regents higher education institutions. 104 30 Code section 16.3(11): Strikes this subsection, which is 104 31 identical to current subsection 19, from this Code section 104 32 containing legislative findings regarding establishment of the 104 33 Iowa finance authority, the title guarantee division, and the 104 34 Iowa economic development bond bank program. 104 35 Code section 16.5(1): Substitutes the word "authority" for 105 1 the word "board" to conform usage to other language within the 105 2 paragraph and corrects the grammar in another paragraph in 105 3 this provision relating to the duties of the Iowa finance 105 4 authority. 105 5 Code sections 24.20, 434.16, and 633.113: Strikes the 105 6 words "the preceding sections" and inserts specific numeric 105 7 references to the Code sections which precede these Code 105 8 sections. 105 9 Code section 26.13: Substantially reorganizes this 105 10 provision relating to public improvement contracts by moving 105 11 all definitions contained in the Code section to the beginning 105 12 of the Code section, renumbering the entire Code section, and 105 13 correcting internal references as necessary. 105 14 Code section 35A.5(10): Changes the word "state" to the 105 15 word "department" and divides out and designates separate 105 16 activities within a provision relating to the department of 105 17 veterans affairs duty to establish and operate a veterans 105 18 cemetery. 105 19 Code section 35A.8(5)(a): Changes the word "commission" to 105 20 "department" to conform to changes made by 2007 Iowa Acts, ch. 105 21 6, in this Code section and other sections of the Code. 105 22 Code section 46.16(1): Strikes language outlining the 105 23 procedure by which the staggering of the initial terms of the 105 24 judges appointed to serve on the Iowa court of appeals was 105 25 accomplished when that court was first established in 1976. 105 26 Code section 68A.503(2)(a): Adds the words "credit union" 105 27 to a list of types of entities from which candidate's 105 28 committees and candidates cannot solicit, request, or receive 105 29 anything of value for campaign expenses or to expressly 105 30 advocate that an elector vote to nominate, elect, or defeat a 105 31 candidate for public office. The addition conforms the 105 32 listing of entities to other usages of the same list of 105 33 entities elsewhere in the paragraph and Code section. 105 34 Code section 68B.4A: Strikes the words "official or" in 105 35 this provision relating to legislative employee sales of goods 106 1 or services but not sales of goods or services by officials. 106 2 Sales of goods or services of this nature by various state 106 3 officials are covered under Code sections 68B.3, 68B.4, and 106 4 68B.4B. 106 5 Code section 80B.11(1)(c): Strikes an obsolete date 106 6 relating by which all law enforcement officers were to have 106 7 completed a course on investigation and identification of 106 8 discriminatory public offenses. 106 9 Code section 86.2: Redesignates and conforms the use of 106 10 terminology within a Code section that provides for the 106 11 appointment of deputy commissioners by the workers' 106 12 compensation commissioner of the department of workforce 106 13 development. There are no assistant workers' compensation 106 14 commissioners in the department of workforce development, and 106 15 the persons who are appointed by the workforce compensation 106 16 commissioner are deputy commissioners. 106 17 Code section 87.1(1): Adds language to clarify and update 106 18 references to the Code chapters on employer liability for 106 19 workers' compensation. 106 20 Code section 87.22: Numbers provisions within this Code 106 21 section and divides existing language into two subsections to 106 22 distinguish between the procedure for corporate officer 106 23 exclusion from workers' compensation or employers' liability 106 24 coverage and the contents of the written rejection form. 106 25 Code section 89.7A(1): Reinserts language requiring 106 26 posting of certificates of inspection for boilers and unfired 106 27 steam pressure vessels which was inadvertently left out in 106 28 2007 legislation moving the language relating to issuance of 106 29 such certificates from Code section 89.3 to this Code section. 106 30 Code section 97B.49G(2)(b): Corrects an internal reference 106 31 to the types of increases in Iowa public employees' retirement 106 32 system benefits that were made available to contingent 106 33 annuitants and beneficiaries effective July 1, 1979. 106 34 Code section 100B.22(1)(b) and (2)(a): Conforms internal 106 35 references to the fire service training centers to each other 107 1 by striking the references to the subparagraphs. When the 107 2 Code section was enacted by 2006 Iowa Acts, ch. 1179, section 107 3 44, the references in subsection 1, paragraph "b", and 107 4 subsection 2, paragraph "a", and paragraph "a" of subsection 107 5 1, inadvertently failed to conform to each other although 107 6 subsection 1 contains a total of 11 subparagraphs in which all 107 7 of the fire service training centers are listed. 107 8 Code section 100C.10(4): Strikes an obsolete sentence 107 9 relating to the appointment of the initial members to the fire 107 10 extinguishing system contractors and alarm systems advisory 107 11 board. 107 12 Code section 103.6(2): Inserts "does any of the following" 107 13 to clarify that the electrical examining board may revoke, 107 14 suspend, or refuse to renew a license granted pursuant to Code 107 15 chapter 103 in any of the circumstances listed. 107 16 Code section 103.22(10): Clarifies language relating to 107 17 persons who are exempt from regulation as electricians or 107 18 electrical contractors under Code chapter 103. 107 19 Code section 103A.21: Deletes a redundant penalty 107 20 provision in subsection 2 of this provision relating to 107 21 violations of the state building code. Subsection 1 of this 107 22 Code section currently prohibits noncompliance with an order 107 23 of a local building department, knowing violations of 107 24 applicable provisions of the state building code, and knowing 107 25 violations of any order of a local building and provides that 107 26 violations are a simple misdemeanor. 107 27 Code section 135.20(2): Reorganizes provisions relating to 107 28 information required to be distributed to veterans regarding 107 29 hepatitis C to clarify the general applicability of a 107 30 provision governing the distribution of all such information. 107 31 Code section 147.88: Clarifies this provision describing 107 32 the authority of the department of inspections and appeals to 107 33 perform inspections for various health profession licensing 107 34 boards, by adding the words "inspections for" to the language 107 35 which describes limitations on that authority. 108 1 Code section 172B.4(3): Rewrites, reorganizes, and 108 2 subdivides language relating to the process by which law 108 3 enforcement officers may give a receipt to a transporter of 108 4 livestock for a transportation certificate that the law 108 5 enforcement officer must submit to the officer's employing law 108 6 enforcement agency. 108 7 Code section 175.19: Corrects an error made when the 108 8 amendment to subsection 2 of this Code section by 1981 Iowa 108 9 Acts, ch. 68, section 5, was codified, by moving this 108 10 paragraph relating to enforcement of remedies by bondholders 108 11 or noteholders under an agricultural development program. 108 12 Code section 185.3(1): Updates, redesignates, and 108 13 clarifies the procedure by which directors are elected to the 108 14 Iowa soybean association board and at what point it is 108 15 determined which districts may elect two directors to the 108 16 board. 108 17 Code section 231D.5(2): Provides that the department may 108 18 deny certification for a new or newly acquired adult day 108 19 services program for an existing certificate holder on the 108 20 basis of the certificate holder's continuing or repeated 108 21 failure to operate in compliance with the Code chapter. 108 22 Currently, this provision is an incomplete sentence. 108 23 Code sections 256.11(5)(b) and 280.9A: Moves language 108 24 requiring county auditors to, upon request, provide schools 108 25 within the county with voting machines or sample ballots that 108 26 are generally used within the county, from the provision 108 27 establishing the accreditation standards for grades nine 108 28 through 12 in public and nonpublic schools, to the Code 108 29 section that establishes the standards for the provision of 108 30 history and government and voter registration instruction in 108 31 the schools in grades nine through 12. 108 32 Code section 261A.4(13): Redrafts and reorganizes language 108 33 that defines the term "loan funding deposit" in the Code 108 34 chapter establishing the higher education loan authority. 108 35 Code section 272.9A(1): Strikes language incorrectly 109 1 indicating that a beginning administrator mentoring and 109 2 induction program is provided by the department of education 109 3 pursuant to Code section 284A.5, subsection 2, in a provision 109 4 relating to administrator licensure. Beginning administrator 109 5 mentoring and induction programs are established by school 109 6 boards. 109 7 Code section 327B.6 (repealed at end of division of bill): 109 8 Repeals the Code section, requiring the filing of evidence of 109 9 insurance or surety bond by a carrier prior to registration, 109 10 pursuant to its own terms. The Code section is repealed on 109 11 the transition termination date referred to in Code section 109 12 327B.1, subsection 2, paragraph "b", which was reported by the 109 13 state department of transportation as January 1, 2007. 109 14 Code section 341A.12: Corrects a drafting error in 109 15 language describing an appellant's rights on appeal to the 109 16 civil service commission, by changing the words "appeal 109 17 personally" to "appear in person". 109 18 Code sections 357A.11(11) and 357A.25: Moves language 109 19 relating to construction of the Code chapter providing for the 109 20 establishment of rural water districts and the Code chapter 109 21 pertaining to city finance as they relate to the use of real 109 22 property of a rural water subscriber as security for debts of 109 23 a rural water district from subsection 13 of Code section 109 24 357A.11 into a separate new Code section 357A.25 and letters 109 25 the provisions remaining in that subsection 13 which describe 109 26 the process for dissolution of a rural water district. 109 27 Code sections 422.11T and 422.11U: Strikes references to 109 28 the credit in Code section 422.12B due to 2007 legislation 109 29 making the earned income tax credit in Code section 422.12B 109 30 refundable. 109 31 Code sections 455B.131 and 484B.4: Strikes the word 109 32 "copartnership" from both of these provisions. The term 109 33 "copartnership" is synonymous with the more common term 109 34 "partnership", which is a "person" under Code section 484B.4, 109 35 pursuant to the definition of that term in Code section 4.1. 110 1 The term "partnership" is also contained in and remains in 110 2 Code section 455B.131 after the strike of the term 110 3 "copartnership". 110 4 Code section 462A.2(22): Strikes the word "period" from 110 5 this provision to clarify the characteristics used to 110 6 determine whether a body of water is considered to be a 110 7 navigable water. 110 8 Code sections 490.624(2): Substitutes the date "July 1, 110 9 1989" for the words "the effective date of this section". 110 10 Although the words "the effective date of this section" were 110 11 added in 2007, the Code section itself was effective on July 110 12 1, 1989, and the rights, options, or warrants of business 110 13 corporations which are referred to are those that would have 110 14 been affected by the enactment of this Code section in 1989. 110 15 This amendment is effective upon enactment and applies 110 16 retroactively to July 1, 1989 (see division IV of bill). 110 17 Code section 524.212: Adds a reference to Code section 110 18 524.215, subsection 2, new paragraph "f", in a provision 110 19 prohibiting the disclosure of certain banking regulatory 110 20 information except pursuant to court order and then only in 110 21 those instances referred to in Code section 524.215, 110 22 subsection 2, paragraphs "a", "b", "c", and "e". The 110 23 circumstances described in new paragraph "f" are similar to 110 24 those referenced in the other paragraphs. 110 25 Code section 533.214: Reorganizes the provision relating 110 26 to the purposes of central credit unions and clarifies that 110 27 the "other credit unions" whose members the central credit 110 28 unions are serving are "existing credit unions". 110 29 Code section 537A.4: Conforms the exception stated in this 110 30 provision to the prohibition against gambling to the current 110 31 language of and the changes made to Code chapter 99F by 2007 110 32 Iowa Acts, ch. 188. 110 33 Code sections 542.4(1) and 542.5(8): Strikes transitional 110 34 provisions relating to the membership of the Iowa accountancy 110 35 examining board, the terms of which lapsed by 2005, and the 111 1 examination requirements for certification as a certified 111 2 public accountant, the terms of which lapsed in 2003. 111 3 Code section 554.2505(2): Substitutes a numeric reference 111 4 to Code section 554.2504 for a reference to the "preceding 111 5 section" in a provision relating to shipments of goods by 111 6 sellers with a reservation of a security interest in those 111 7 goods. 111 8 Code section 564.3: Updates obsolete language relating to 111 9 when one private property owner may acquire a pedestrian 111 10 right=of=way or easement by prescription or adverse use from 111 11 another private property owner. 111 12 Code section 600A.2(6) and (8): Moves language listing the 111 13 rights and duties of guardians and custodians from the 111 14 definitions of those terms in subsections 6 and 8 of this Code 111 15 section to separate new Code sections 600A.2A and 600A.2B and 111 16 substitutes a reference to the new Code sections in place of 111 17 the language that was moved. 111 18 Code section 615.1: Rewrites this provision prohibiting 111 19 execution on judgments entered in actions for foreclosure of 111 20 real estate mortgages, deeds of trust, or real estate 111 21 contracts upon certain agricultural and residential property 111 22 and prohibiting execution on judgments entered in actions on a 111 23 claim for rent after the expiration of a two=year period from 111 24 the date of entry of judgment. 111 25 Code section 622.10(6): Corrects a codification error made 111 26 in 1988 in language relating to the method by which qualified 111 27 school guidance counselor are licensed and the entity which is 111 28 responsible for licensing those individuals. The original 111 29 reference should have been to Code section 256.11, subsection 111 30 9A, which was enacted by 1988 Iowa Acts, ch. 1262, section 2, 111 31 as a new subsection 10, but codified at subsection 9A in 1989. 111 32 The mistake resulted when an intervening amendment from 1988 111 33 Iowa Acts, ch. 1134, section 107, was applied and mistaken as 111 34 being identical to the amendment from chapter 1262, section 2. 111 35 Code section 715A.2A(2): Substitutes the proper United 112 1 States Code citation relating to documents giving evidence of 112 2 United States citizenship in a provision providing an 112 3 affirmative defense to the accommodation of forgery if an 112 4 employer shows that it has complied in good faith with the 112 5 federal provisions. 112 6 DIVISION II == VOLUME I RENUMBERING. Code sections in this 112 7 division are amended by substantially reorganizing and 112 8 redesignating the provisions to eliminate the presence of 112 9 unnumbered paragraphs within the Code sections and to place 112 10 like provisions together to facilitate use and readability of 112 11 these provisions. Although no concepts and very few words are 112 12 eliminated in any of the provisions, some of the language is 112 13 rewritten slightly in language that is moved to conform that 112 14 language to the syntax of its new location. 112 15 The Code sections affected include Code sections 2.14; 112 16 2.32; 8.3A; 8A.204; 8A.324; 8A.413; 8D.3; 15.331A; 17A.4; 112 17 17A.4A; 20.5; 24.26; 68A.102; 68B.32A; 73A.21; 80.34 (repealed 112 18 at end of division of bill); 80.9; 80.9A; 80.9B; 80B.6; 85.61; 112 19 88.8; 96.3; 100B.1; and 103A.21. 112 20 DIVISION III == CONFORMING AMENDMENTS. Internal references 112 21 to these amended provisions are corrected in Code sections 112 22 7J.1; 8D.13; 17A.8; 19B.12; 80B.13; 87.1; 87.23; 100B.22; 112 23 141A.9; 147.102; 147.103A; 152.2; 231.22; 249A.20A; 252I.1; 112 24 313.4; 321.20B; 321A.33; 421.17A; 455G.4; and 474.1. 112 25 LSB 5698HC 82 112 26 lh/rj/5
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