House Study Bill 643 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to statutory corrections which may adjust 1 language to reflect current practices, insert earlier 2 omissions, delete redundancies and inaccuracies, delete 3 temporary language, resolve inconsistencies and conflicts, 4 update ongoing provisions, or remove ambiguities and 5 providing effective and applicability dates. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5493HC (1) 85 lh/nh

H.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 2C.16, subsection 3, Code 2014, is 3 amended to read as follows: 4 3. If the ombudsman believes that a law resulted in an 5 administrative action has occurred because of laws of which 6 results are is unfair or otherwise objectionable, the ombudsman 7 shall notify the general assembly concerning desirable 8 statutory change. 9 Sec. 2. Section 6B.4, Code 2014, is amended to read as 10 follows: 11 6B.4 Commission to assess damages. 12 1. Annually the board of supervisors of a county shall 13 appoint not less than twenty-eight residents of the county 14 and the names of such persons shall be placed on a list and 15 they shall be eligible to serve as members of a compensation 16 commission. One-fourth of the persons appointed shall be 17 owner-operators of agricultural property, one-fourth of the 18 persons appointed shall be owners of city property, one-fourth 19 shall be licensed real estate salespersons or real estate 20 brokers, and one-fourth shall be persons having knowledge of 21 property values in the county by reason of their occupation, 22 such as bankers, auctioneers, property managers, property 23 appraisers, and persons responsible for making loans on 24 property. 25 2. a. The chief judge of the judicial district or the chief 26 judge’s designee shall select by lot six persons from the list, 27 two who shall constitute a compensation commission to assess 28 the damages to all property to be taken by the applicant and 29 located in the county, as follows: 30 (1) Two persons who are owner-operators of agricultural 31 property when the property to be condemned is agricultural 32 property ; two . 33 (2) Two persons who are owners of city property when the 34 property to be condemned is other than agricultural property ; 35 -1- LSB 5493HC (1) 85 lh/nh 1/ 98

H.F. _____ and two . 1 (3) Two persons from each of the remaining two 2 representative groups , who shall constitute a compensation 3 commission to assess the damages to all property to be taken 4 by the applicant and located in the county, and shall name a 5 chairperson from the persons selected . 6 b. The chief judge or the judge’s designee shall name a 7 chairperson from the persons selected and may appoint such 8 alternate members and chairpersons to the commission as are 9 deemed necessary and appropriate under the circumstances. A 10 person shall not be selected as a member or alternate member 11 of the compensation commission if the person possesses any 12 interest in the proceeding which would cause the person to 13 render a biased decision. The applicant shall mail a copy 14 of the list of commissioners and alternates appointed by the 15 chief judge by certified mail to the property owner at the 16 owner’s last known address. The applicant shall also cause 17 the list of commissioners and alternates to be published once 18 in a newspaper of general circulation in the county, not less 19 than four nor more than twenty days before the meeting of 20 the compensation commission to assess the damages. Service 21 of the list of commissioners and alternates by publication 22 shall be deemed complete on the day of publication. In 23 lieu of mailing and publishing the list of commissioners and 24 alternates, the applicant may cause the list to be served upon 25 the owner of the property in the manner provided by the Iowa 26 rules of civil procedure for the personal service of original 27 notice. The list of commissioners and alternates shall be 28 mailed and published or served, as above provided, prior to or 29 contemporaneously with service of the notice of assessment as 30 provided in section 6B.8 . 31 3. Written instructions for members of compensation 32 commissions shall be prepared under the direction of the chief 33 justice of the supreme court and distributed to the sheriff 34 in each county. The sheriff shall transmit copies of the 35 -2- LSB 5493HC (1) 85 lh/nh 2/ 98

H.F. _____ instructions to each member of a compensation commission, and 1 such instructions shall be read aloud to each commission before 2 it commences its duties. 3 Sec. 3. Section 6B.37, Code 2014, is amended to read as 4 follows: 5 6B.37 Form of record —— certificate. 6 Said The papers described in sections 6B.35 and 6B.36 shall 7 be securely fastened together, arranged in the order named 8 above in those sections , and be accompanied by a certificate 9 of the officer filing the papers that the papers are true and 10 correct copies of the original files in the proceedings and 11 that the statements accompanying the papers are true. 12 Sec. 4. Section 6B.40, Code 2014, is amended to read as 13 follows: 14 6B.40 Failure to record —— liability. 15 Any sheriff, or clerk of the district court, as the case may 16 be, who fails to present said the required papers, statements, 17 and certificate for record, and any recorder who fails to 18 record the same as above provided in section 6B.38 shall be 19 liable for all damages caused by such failure. 20 Sec. 5. Section 7C.12, subsection 2, paragraph a, Code 2014, 21 is amended to read as follows: 22 a. Shall promulgate rules which are necessary or expedient 23 to carry out the intent and purposes of the private activity 24 bond allocation Act this chapter . 25 Sec. 6. Section 9I.3, subsection 3, paragraph d, 26 subparagraphs (5) and (6), Code 2014, are amended to read as 27 follows: 28 (5) Reserved. 29 (6) (5) Effective July 1, 2001, a nonresident alien, 30 foreign business, or foreign government or an agent, trustee, 31 or fiduciary of the alien, business, or government shall 32 not , except as provided in subparagraph (5), acquire or hold 33 agricultural land used for the primary purpose of testing, 34 developing, or producing animals. 35 -3- LSB 5493HC (1) 85 lh/nh 3/ 98

H.F. _____ Sec. 7. Section 12C.16, subsection 1, paragraph b, 1 subparagraph (1), subparagraph division (d), Code 2014, is 2 amended to read as follows: 3 (d) To the extent of the guarantee, loans, obligations, 4 or nontransferable letters of credit upon which the payment 5 of principal and interest is fully secured or guaranteed by 6 the United States of America or an agency or instrumentality 7 of the United States of America or the United States central 8 credit union , a corporate central credit union organized 9 under section 533.213 , or a corporate credit union whose 10 activities are subject to regulation by the national credit 11 union administration, and the rating of any one of such credit 12 unions remains within the two highest classifications of prime 13 established by at least one of the standard rating services 14 approved by the superintendent of banking by rule pursuant to 15 chapter 17A . The treasurer of state shall adopt rules pursuant 16 to chapter 17A to implement this section . 17 Sec. 8. Section 12C.17, subsection 1, paragraph c, Code 18 2014, is amended to read as follows: 19 c. The securities shall be deposited with the federal 20 reserve bank, the federal home loan bank of Des Moines, Iowa, 21 or the United States central credit union, a corporate central 22 credit union organized under section 533.213 , or a corporate 23 credit union whose activities are subject to regulation by the 24 national credit union administration pursuant to a bailment 25 agreement or a pledge custody agreement. 26 Sec. 9. Section 12C.17, subsection 4, Code 2014, is amended 27 to read as follows: 28 4. Upon written request from the appropriate public 29 officer but not less than monthly, the federal reserve bank, 30 the federal home loan bank of Des Moines, Iowa, the United 31 States central credit union, a corporate central credit union 32 organized under section 533.213 , or a corporate credit union 33 whose activities are subject to regulation by the national 34 credit union administration shall report a description, the 35 -4- LSB 5493HC (1) 85 lh/nh 4/ 98

H.F. _____ par value, and the market value of any pledged collateral by a 1 credit union. 2 Sec. 10. Section 16.2, subsection 1, unnumbered paragraph 3 1, Code 2014, is amended to read as follows: 4 An Iowa finance authority board of directors is created. The 5 powers of the authority are vested in and shall be exercised by 6 the board. The board authority includes nine members appointed 7 by the governor subject to confirmation by the senate. 8 Sec. 11. Section 16.197, Code 2014, is amended to read as 9 follows: 10 16.197 Limitation of liability. 11 The A member of the authority , a person acting on behalf of 12 the authority while acting within the scope of their employment 13 or agency, or the treasurer of state shall not be subject to 14 personal liability resulting from carrying out the powers and 15 duties of the authority or the treasurer, as applicable, in 16 sections 16.193 through 16.196 . 17 Sec. 12. Section 16.221, subsection 3, paragraph c, Code 18 2014, is amended to read as follows: 19 c. Obtain affordable operating capital , including as 20 provided by section 175.35 . 21 Sec. 13. Section 17A.4, subsection 3, paragraph c, Code 22 2014, is amended to read as follows: 23 c. If an objection to a rule is filed under this subsection , 24 a copy of the objection, properly dated, shall be forwarded to 25 the agency at the time of filing the objection. In any action 26 contesting a rule or portion of a rule adopted pursuant to 27 this subsection , the burden of proof shall be on the agency to 28 show that the procedures of subsection 1 were impracticable, 29 unnecessary, or contrary to the public interest and that, if a 30 category of rules was involved, the category was very narrowly 31 tailored . 32 Sec. 14. Section 17A.4, subsection 5, Code 2014, is amended 33 to read as follows: 34 5. No A rule adopted after July 1, 1975, is not valid unless 35 -5- LSB 5493HC (1) 85 lh/nh 5/ 98

H.F. _____ adopted in substantial compliance with the above requirements 1 of this section that are in effect at the time of adoption of 2 the rule . However, a rule shall be conclusively presumed to 3 have been made in compliance with all of the above procedural 4 requirements of this section if it has not been invalidated on 5 the grounds of noncompliance in a proceeding commenced within 6 two years after its effective date. 7 Sec. 15. Section 17A.4, subsection 9, Code 2014, is amended 8 to read as follows: 9 9. Upon the vote of two-thirds of its members, the 10 administrative rules review committee, following notice of 11 intended action as provided in subsection 1 and prior to 12 adoption of a rule pursuant to that notice, may suspend further 13 action relating to that notice for seventy days. Notice of 14 that a notice of intended action that was suspended under this 15 provision shall be published in the Iowa administrative code 16 and bulletin. 17 Sec. 16. Section 23.6, subsection 6, Code 2014, is amended 18 to read as follows: 19 6. The board may examine Examine, as deemed necessary by 20 the board, a record of a governmental body or a government body 21 that is the subject matter of a complaint, including any record 22 that is confidential by law. Confidential records provided to 23 the board by a governmental body or a government body shall 24 continue to maintain their confidential status. Any member 25 or employee of the board is subject to the same policies and 26 penalties regarding the confidentiality of the document as an 27 employee of the governmental body or a the government body. 28 Sec. 17. Section 23.9, Code 2014, is amended to read as 29 follows: 30 23.9 Informal assistance. 31 After accepting a complaint, the board shall promptly work 32 with the parties, through employees on its own staff of the 33 board , to reach an informal, expeditious resolution of the 34 complaint. 35 -6- LSB 5493HC (1) 85 lh/nh 6/ 98

H.F. _____ Sec. 18. Section 24.13, Code 2014, is amended to read as 1 follows: 2 24.13 Procedure by levying board. 3 Any board which has the power to levy a tax without the same 4 first being certified to it, shall follow the same procedure 5 for hearings as is hereinbefore required of certifying boards 6 under this chapter . 7 Sec. 19. Section 28D.6, subsection 4, Code 2014, is amended 8 to read as follows: 9 4. Any employee of a sending agency assigned in this 10 state who suffers disability or death as a result of personal 11 injury arising out of and in the course of such assignment, or 12 sustained in the performance of duties in connection therewith, 13 shall be treated for the purpose of the receiving agency’s 14 employee compensation program, as an employee, as defined in 15 such compensation program, who has sustained such injury in the 16 performance of such duty, but shall not receive benefits under 17 that compensation program for any period for which the employee 18 elects to receive similar benefits as an employee under the 19 sending agency’s employee compensation program. 20 Sec. 20. Section 29A.50, Code 2014, is amended to read as 21 follows: 22 29A.50 Immunity. 23 The commanding officer and members of any of the military 24 forces engaged in the suppression of an insurrection, 25 assistance to civil authorities in emergencies, homeland 26 defense , or security duties, or the enforcement of the laws, 27 shall have the same immunity as peace officers. 28 Sec. 21. Section 35D.2, subsection 1, Code 2014, is amended 29 to read as follows: 30 1. Persons described in section 35D.1 who are disabled by 31 disease, injury, or old age, and who meet the qualifications 32 for nursing or residential care, and who are unable to earn a 33 livelihood, and who are residents of the state of Iowa on the 34 date of the application and immediately preceding the date the 35 -7- LSB 5493HC (1) 85 lh/nh 7/ 98

H.F. _____ application is accepted, may be admitted to the home as members 1 under rules adopted by the commission. The commission shall 2 adopt rules to emphasize the admission of homeless honorably 3 discharged veterans. Eligibility determinations are subject 4 to approval by the commandant. 5 Sec. 22. Section 80D.12, subsection 2, Code 2014, is amended 6 to read as follows: 7 2. For reserve police peace officers of a tribal government, 8 hospital and medical assistance and benefits shall be provided 9 by the tribal government to members of the reserve force who 10 sustain injury while performing official duties in the same 11 manner as for a regular peace officer of the tribal government. 12 Sec. 23. Section 89.3, subsection 8, Code 2014, is amended 13 to read as follows: 14 8. Inspections of unfired steam pressure vessels operating 15 in excess of fifteen pounds per square inch and low pressure 16 steam boilers shall be conducted at least once each calendar 17 year. The inspections conducted over within each two-year 18 period shall include an external inspection conducted while 19 the boiler is operating and an internal inspection, where 20 construction permits. No more than one inspection shall be 21 conducted over a per six-month period. An internal inspection 22 of an unfired steam pressure vessel or low pressure steam 23 boiler may be required at any time by the commissioner upon the 24 observation by an inspector of conditions, enumerated by the 25 commissioner through rules, warranting an internal inspection. 26 Sec. 24. Section 101.21, subsection 1, paragraph a, Code 27 2014, is amended to read as follows: 28 a. An aboveground tank which complies with meets any of the 29 following criteria : 30 (1) Has one thousand one hundred gallons or less capacity. 31 (2) Stores flammable liquids on a farm located outside the 32 limits of a city, if the aboveground tank has two thousand 33 gallons or less capacity. 34 (3) Stores combustible liquids on a farm located outside 35 -8- LSB 5493HC (1) 85 lh/nh 8/ 98

H.F. _____ the limits of a city, if the aboveground tank has five thousand 1 gallons or less capacity. 2 Sec. 25. Section 101A.2, subsection 4, Code 2014, is amended 3 to read as follows: 4 4. Except as permitted in section 101A.3 and sections 5 101A.9 to through 101A.11 , it shall be unlawful for any person 6 to willfully manufacture, import, store, detonate, sell, or 7 otherwise transfer any explosive materials unless such person 8 is the holder of a valid license issued pursuant to this 9 section . 10 Sec. 26. Section 105.10, subsection 2, Code 2014, is amended 11 to read as follows: 12 2. Except as provided in section 105.11 , a person shall not 13 engage in the business of designing, installing, or repairing 14 plumbing, mechanical, HVAC, refrigeration, sheet metal, or 15 hydronic systems unless at all times a licensed master, who 16 shall be responsible for the proper designing, installing, and 17 repairing of the plumbing, HVAC, refrigeration, sheet metal, 18 or hydronic system, is employed by the person and is actively 19 in charge of the plumbing, mechanical, HVAC, refrigeration, 20 sheet metal, or hydronic work of the person. An individual who 21 performs such work pursuant to a business operated as a sole 22 proprietorship shall be a licensed master in the applicable 23 discipline. 24 Sec. 27. Section 123.3, subsection 5, Code 2014, is amended 25 to read as follows: 26 5. “Alcoholic liquor” or “intoxicating liquor” means the 27 varieties of liquor defined in subsections 3 and 43 which 28 contain more than five percent of alcohol by weight, beverages 29 made as described in subsection 7 which beverages contain more 30 than five percent of alcohol by weight or six and twenty-five 31 hundredths percent of alcohol by volume but which are not 32 wine as defined in subsection 47 or high alcoholic content 33 beer as defined in subsection 19 , and every other liquid or 34 solid, patented or not, containing spirits and every beverage 35 -9- LSB 5493HC (1) 85 lh/nh 9/ 98

H.F. _____ obtained by the process described in subsection 47 containing 1 more than seventeen percent alcohol by weight or twenty-one 2 and twenty-five hundredths percent of alcohol by volume, and 3 susceptible of being consumed by a human being, for beverage 4 purposes. Alcohol manufactured in this state for use as fuel 5 pursuant to an experimental distilled spirits plant permit or 6 its equivalent issued by the federal bureau of alcohol, tobacco 7 and firearms is not an “alcoholic liquor” . 8 Sec. 28. Section 123.30, subsection 1, paragraph b, Code 9 2014, is amended to read as follows: 10 b. As a condition for issuance of a liquor control license 11 or wine or beer permit, the applicant must give consent to 12 members of the fire, police, and health departments and the 13 building inspector of cities; the county sheriff , or deputy 14 sheriff , ; members of the department of public safety , ; 15 representatives of the division and of the department of 16 inspections and appeals , ; certified police officers , ; and 17 any official county health officer to enter upon areas of 18 the premises where alcoholic beverages are stored, served, 19 or sold, without a warrant during business hours of the 20 licensee or permittee to inspect for violations of this 21 chapter or ordinances and regulations that cities and boards 22 of supervisors may adopt. However, a subpoena issued under 23 section 421.17 or a warrant is required for inspection of 24 private records, a private business office, or attached living 25 quarters. Persons who are not certified peace officers shall 26 limit the scope of their inspections of licensed premises 27 to the regulatory authority under which the inspection is 28 conducted. All persons who enter upon a licensed premises to 29 conduct an inspection shall present appropriate identification 30 to the owner of the establishment or the person who appears 31 to be in charge of the establishment prior to commencing 32 an inspection; however, this provision does not apply to 33 undercover criminal investigations conducted by peace officers. 34 Sec. 29. Section 123.138, subsection 1, Code 2014, is 35 -10- LSB 5493HC (1) 85 lh/nh 10/ 98

H.F. _____ amended to read as follows: 1 1. Each class “A” or special class “A” permittee shall 2 keep proper records showing the amount of beer sold by the 3 permittee, and these records shall be at all times open to 4 inspection by the administrator and to other persons pursuant 5 to section 123.30, subsection 1 . Each class “B” permittee, 6 class “C” permittee, and or retail liquor control licensee 7 shall keep proper records showing each purchase of beer made 8 by the permittee and or licensee, and the date and the amount 9 of each purchase and the name of the person from whom each 10 purchase was made, which records shall be open to inspection 11 pursuant to section 123.30, subsection 1 , during normal 12 business hours of the permittee or licensee. 13 Sec. 30. Section 125.10, subsection 16, Code 2014, is 14 amended to read as follows: 15 16. Encourage all health and disability insurance programs 16 to include substance abuse substance-related disorders as a 17 covered illness illnesses . 18 Sec. 31. Section 135C.41, Code 2014, is amended to read as 19 follows: 20 135C.41 Licensee’s response to citation. 21 Within twenty business days after service of a citation 22 under section 135C.40 , a facility shall either do one of the 23 following : 24 1. If it the facility does not desire to contest the 25 citation , take one of the following actions : 26 a. Remit to the department the amount specified by the 27 department pursuant to section 135C.36 as a penalty for each 28 Class I violation cited, and for each Class II violation unless 29 the citation specifically waives the penalty, which funds shall 30 be paid by the department into the state treasury and credited 31 to the general fund ; or . 32 b. In the case of a Class II violation for which the penalty 33 has been waived in accordance with the standards prescribed in 34 section 135C.36, subsection 2 , or a Class III violation, send 35 -11- LSB 5493HC (1) 85 lh/nh 11/ 98

H.F. _____ to the department a written response acknowledging that the 1 citation has been received and stating that the violation will 2 be corrected within the specific period of time allowed by the 3 citation ; or . 4 2. Notify If the facility desires to contest the citation, 5 notify the director that the facility desires to contest the 6 citation and request an informal conference with an independent 7 reviewer pursuant to section 135C.42 . 8 Sec. 32. Section 144A.2, subsection 8, paragraph b, Code 9 2014, is amended to read as follows: 10 b. “Life-sustaining procedure” does not include the 11 provision of nutrition or hydration except when required 12 to be provided parenterally or through intubation , or the 13 administration of medication or performance of any medical 14 procedure deemed necessary to provide comfort care or to 15 alleviate pain. 16 Sec. 33. Section 159.18, subsection 3, Code 2014, is amended 17 to read as follows: 18 3. The department shall cooperate with private institutions 19 and public agencies in order to carry out this section , 20 including the economic development authority , the Iowa finance 21 authority, and the United States department of agriculture. 22 Sec. 34. Section 161A.44, Code 2014, is amended to read as 23 follows: 24 161A.44 Rules by commissioners —— scope. 25 1. The commissioners of each soil and water conservation 26 district shall, with approval of and within time limits set by 27 administrative order of the state soil conservation committee, 28 adopt reasonable regulations as are deemed necessary to 29 establish a soil loss limit or limits for the district and 30 provide for the implementation of the limit or limits, and 31 may subsequently amend or repeal their regulations as they 32 deem necessary. The committee shall review the soil loss 33 limit regulations adopted by the soil and water conservation 34 districts at least once every five years, and shall recommend 35 -12- LSB 5493HC (1) 85 lh/nh 12/ 98

H.F. _____ changes in the regulations of a soil and water conservation 1 district which the committee deems necessary to assure that the 2 district’s soil loss limits are reasonable and attainable. The 3 commissioners may: 4 1. a. Classify land in the district on the basis of 5 topography, soil characteristics, current use, and other 6 factors affecting propensity to soil erosion. 7 2. b. Establish different soil loss limits for different 8 classes of land in the district if in their judgment and that 9 of the state soil conservation committee a lower soil loss 10 limit should be applied to some land than can reasonably be 11 applied to other land in the district, it being the intent of 12 the general assembly that no land in the state be assigned a 13 soil loss limit that cannot reasonably be applied to such land. 14 3. c. Require the owners of real property in the district 15 to employ either soil and water conservation practices or 16 erosion control practices, and : 17 a. May not specify the particular practices to be employed 18 so long as such owners voluntarily comply with the applicable 19 soil loss limits established for the district. 20 b. May may specify two or more approved soil and water 21 conservation practices or erosion control practices, one of 22 which shall be employed by the landowner to bring erosion from 23 land under the landowner’s control within the applicable soil 24 loss limit of the district when an administrative order is 25 issued to the landowner. 26 c. In no case may the commissioners require: 27 (1) The employment of erosion control practices as defined 28 in section 161A.42, subsection 4 , on land used in good faith 29 for agricultural or horticultural purposes only. 30 (2) The employment of soil and water conservation practices 31 or erosion control practices on that portion of any public 32 street, road or highway completed or under construction within 33 the corporate limits of any city, which is or will become the 34 traveled or surfaced portion of such street, road, or highway. 35 -13- LSB 5493HC (1) 85 lh/nh 13/ 98

H.F. _____ (3) That any owner or operator of agricultural land refrain 1 from fall plowing of land on which the owner or operator 2 intends to raise a crop during the next succeeding growing 3 season, however on those lands which are prone to excessive 4 wind erosion the commissioners may require that reasonable 5 temporary measures be taken to minimize the likelihood of wind 6 erosion so long as such measures do not unduly increase the 7 cost of operation of the farm on which the land is located. 8 However, fall plowing of soil which is commonly known as gumbo 9 shall always be permitted. 10 d. May require Require that a person under an order to 11 employ soil and water conservation practices or erosion control 12 practices submit up to three bids to the commissioners for the 13 work and provide an explanation to the commissioners if a bid 14 other than the lowest bid has been selected by that person. 15 2. The commissioners shall not: 16 a. Specify the particular practices to be employed by 17 owners of real property in the district, so long as such 18 owners voluntarily comply with the applicable soil loss limits 19 established for the district. 20 b. Require the employment of erosion control practices as 21 defined in section 161A.42, subsection 4, on land used in good 22 faith for agricultural or horticultural purposes only. 23 c. Require the employment of soil and water conservation 24 practices or erosion control practices on that portion of any 25 public street, road, or highway completed or under construction 26 within the corporate limits of any city, which is or will 27 become the traveled or surfaced portion of such street, road, 28 or highway. 29 d. Require that any owner or operator of agricultural 30 land refrain from fall plowing of land on which the owner or 31 operator intends to raise a crop during the next succeeding 32 growing season, however on those lands which are prone to 33 excessive wind erosion the commissioners may require that 34 reasonable temporary measures be taken to minimize the 35 -14- LSB 5493HC (1) 85 lh/nh 14/ 98

H.F. _____ likelihood of wind erosion so long as such measures do not 1 unduly increase the cost of operation of the farm on which 2 the land is located. However, fall plowing of soil which is 3 commonly known as gumbo shall always be permitted. 4 Sec. 35. Section 172A.10, Code 2014, is amended to read as 5 follows: 6 172A.10 Injunctions —— criminal penalties. 7 1. If any person who is required by this chapter to be 8 licensed fails to obtain the required license, or if any person 9 who is required by this chapter to maintain proof of financial 10 responsibility fails to maintain such proof , or if any licensee 11 fails to discontinue engaging in licensed activities when that 12 person’s license has been suspended, such failure shall be 13 deemed a nuisance and the secretary may bring an action on 14 behalf of the state to enjoin such nuisance. Such actions may 15 be heard on not less than five days’ notice to the person whose 16 activities are sought to be enjoined. The failure to obtain 17 a license when required, or the failure to maintain proof of 18 financial responsibility shall constitute a violation of this 19 chapter . 20 2. Any person convicted of violating any provision of this 21 chapter shall be guilty of a serious misdemeanor. 22 Sec. 36. Section 175.31, Code 2014, is amended to read as 23 follows: 24 175.31 Programs in progress. 25 The authority shall complete the administration of programs 26 in progress on July 1, 1980, to the extent that funds were 27 committed, obligations incurred or rights accrued prior to July 28 1, 1980, under the programs authorized under sections 234.15 29 to 234.20 , prior to the repeal of those sections Code 1979 . 30 Moneys received under this section shall be deposited to the 31 authority. 32 Sec. 37. Section 175.37, subsection 4, unnumbered paragraph 33 1, Code 2014, is amended to read as follows: 34 The tax credit is allowed only for agricultural assets that 35 -15- LSB 5493HC (1) 85 lh/nh 15/ 98

H.F. _____ are subject to an agricultural assets transfer agreement. The 1 agreement shall provide for the lease of agricultural land 2 located in this state, including any improvements , and may 3 provide for the rental of agricultural equipment as defined in 4 section 322F.1 . 5 Sec. 38. Section 203.10, subsection 2, Code 2014, is amended 6 to read as follows: 7 2. The department may issue an order to suspend or revoke 8 the license of a grain dealer who violates a provision of this 9 chapter , including a rule adopted in accordance with this 10 chapter , pursuant to chapter 17A . 11 Sec. 39. Section 203C.10, subsection 2, Code 2014, is 12 amended to read as follows: 13 2. The department may issue an order to suspend or revoke 14 the license of a warehouse operator who violates a provision of 15 this chapter , including a rule adopted in accordance with this 16 chapter , pursuant to chapter 17A . 17 Sec. 40. Section 203C.15, subsection 10, paragraph d, Code 18 2014, is amended to read as follows: 19 d. Warehouse operators and owners of bulk grain. 20 Sec. 41. Section 206.2, subsection 1, unnumbered paragraph 21 1, Code 2014, is amended to read as follows: 22 The term “active ingredient” “Active ingredient” means: 23 Sec. 42. Section 206.2, subsections 2, 3, 10, 11, 13, and 24 14, Code 2014, are amended to read as follows: 25 2. The term “adulterated” “Adulterated” shall apply to any 26 pesticide if its strength or purity falls below the professed 27 standard or quality as expressed on labeling or under which it 28 is sold, or if any substance has been substituted wholly or in 29 part for the article, or if any valuable constituent of the 30 article has been wholly or in part abstracted. 31 3. The term “antidote” “Antidote” means the most practical 32 immediate treatment in case of poisoning and includes first aid 33 treatment. 34 10. The term “device” “Device” means any instrument or 35 -16- LSB 5493HC (1) 85 lh/nh 16/ 98

H.F. _____ contrivance intended for trapping, destroying, repelling, or 1 mitigating insects, birds, or rodents or destroying, repelling, 2 or mitigating fungi, nematodes, weeds , or such other pests as 3 may be designated by the secretary, but not including equipment 4 used for the application of pesticides when sold separately 5 therefrom. 6 11. The term “distribute” “Distribute” means to offer for 7 sale, hold for sale, sell, barter, or supply pesticides in this 8 state. 9 13. The term “hazard” “Hazard” means a probability that 10 a given pesticide will have an adverse effect on man or the 11 environment in a given situation, the relative likelihood 12 of danger or ill effect being dependent on a number of 13 interrelated factors present at any given time. 14 14. The term “inert ingredient” “Inert ingredient” means an 15 ingredient which is not an active ingredient. 16 Sec. 43. Section 206.2, subsection 15, unnumbered paragraph 17 1, Code 2014, is amended to read as follows: 18 The term “ingredient statement” “Ingredient statement” means 19 either: 20 Sec. 44. Section 206.2, subsection 16, Code 2014, is amended 21 to read as follows: 22 16. The term “label” “Label” means the written, printed, 23 or graphic matter on, or attached to, the pesticide or device, 24 or the immediate container thereof, and the outside container 25 or wrapper of the retail package, if any there be, of the 26 pesticide or device. 27 Sec. 45. Section 206.2, subsection 17, unnumbered paragraph 28 1, Code 2014, is amended to read as follows: 29 The term “labeling” “Labeling” means all labels and other 30 written, printed , or graphic matter: 31 Sec. 46. Section 206.2, subsection 18, unnumbered paragraph 32 1, Code 2014, is amended to read as follows: 33 The term “misbranded” “Misbranded” shall apply: 34 Sec. 47. Section 206.2, subsections 19, 20, 21, 22, 23, 26, 35 -17- LSB 5493HC (1) 85 lh/nh 17/ 98

H.F. _____ 27, 30, and 31, Code 2014, are amended to read as follows: 1 19. The term “permit” “Permit” means a written certificate, 2 issued by the secretary or the secretary’s agent under rules 3 adopted by the department authorizing the use of certain state 4 restricted use pesticides. 5 20. The term “person” “Person” means any individual, 6 partnership, association, corporation, or organized group of 7 persons whether incorporated or not. 8 21. The term “pesticide” shall mean (a) any “Pesticide” 9 means any of the following: 10 a. Any substance or mixture of substances intended for 11 preventing, destroying, repelling, or mitigating directly or 12 indirectly any insects, rodents, nematodes, fungi, weeds, and 13 other forms of plant or animal life or viruses, except viruses 14 on or in living persons, which the secretary shall declare to 15 be a pest , and (b) any . 16 b. Any substances intended for use as a plant growth 17 regulator, defoliant, or desiccant. 18 22. The term “pesticide dealer” “Pesticide dealer” means any 19 person who distributes restricted use pesticides ; , pesticide 20 for use by commercial or public pesticide applicators ; , or 21 general use pesticides labeled for agricultural or lawn and 22 garden use with the exception of dealers whose gross annual 23 pesticide sales are less than ten thousand dollars for each 24 business location owned or operated by the dealer. 25 23. The term “plant growth regulator” “Plant growth 26 regulator” means any substance or mixture of substances 27 intended, through physiological action, for accelerating or 28 retarding the rate of growth or rate of maturation, or for 29 otherwise altering the behavior of ornamental or crop plants 30 or the produce thereof, but shall not include substances to 31 the extent that they are intended as plant nutrients, trace 32 elements, nutritional chemicals, plant inoculants, and soil 33 amendments. 34 26. The term “registrant” “Registrant” means the person 35 -18- LSB 5493HC (1) 85 lh/nh 18/ 98