Iowa General Assembly

Daily Bills, Amendments & Study Bills

H-1251

House Amendment 1251

PAG LIN

1 1 Amend House File 483 as follows:

1 2 #1. Page 1, line 11, by striking <underground.> and

1 3 inserting <underground, but does not include any public

1 4 construction contracts relating to streets, roads, or

1 5 highways.>

1 6 #2. By renumbering as necessary.

HORBACH of Tama

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H-1252

House Amendment 1252

PAG LIN

1 1 Amend House File 584 as follows:

1 2 #1. Page 1, by striking line 34 and inserting

1 3 <suspension or revocation of a driver's license under

1 4 the habitual violator or habitual offender>

1 5 #2. By renumbering as necessary.

HANSON of Jefferson

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HF 591

House File 591 - Introduced

HOUSE FILE

BY COMMITTEE ON

AGRICULTURE

(SUCCESSOR TO HSB 203)

(COMPANION TO LSB

2715SV BY COMMITTEE ON

AGRICULTURE)

A BILL FOR

1 An Act relating to livestock by providing for their feeding and

2 care when the livestock are deemed to be neglected.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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House File 591 - Introduced continued

PAG LIN

1 1 Section 1. INTENT OF THE GENERAL ASSEMBLY. It is the intent

1 2 of the general assembly to enact legislation relating to the

1 3 feeding and care of livestock that are deemed by a court to be

1 4 neglected.

1 5 EXPLANATION

1 6 This bill provides that it is the intent of the general

1 7 assembly to enact legislation relating to the feeding and care

1 8 of livestock that are deemed by a court to be neglected.

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HF 592

House File 592 - Introduced

HOUSE FILE

BY COMMITTEE ON

AGRICULTURE

(SUCCESSOR TO HF 407)

A BILL FOR

1 An Act establishing the council for agricultural education.

2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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House File 592 - Introduced continued

PAG LIN

1 1 Section 1. NEW SECTION. 256.32 Council for agricultural

1 2 education.

1 3 1. An advisory council for agricultural education is

1 4 established, which consists of nine members appointed by the

1 5 governor. The nine members shall include the following:

1 6 a. Five persons representing all areas of agriculture and

1 7 diverse geographical areas.

1 8 b. The individual representing agriculture on the state

1 9 council for vocational education.

1 10 c. A secondary school program instructor, a postsecondary

1 11 school program instructor, and a teacher educator.

1 12 2. The council may also include as ex officio members the

1 13 following persons, as determined by the voting members of the

1 14 council:

1 15 a. The state future farmers of America president.

1 16 b. The current state future farmers of America alumni

1 17 association president.

1 18 c. The current postsecondary agriculture students president.

1 19 d. The current young farmers educational association

1 20 president.

1 21 e. A state consultant in agricultural education.

1 22 f. The secretary of agriculture or the secretary's designee.

1 23 g. Two members of each house of the general assembly. This

1 24 membership shall be bipartisan in composition and one member

1 25 each shall be selected by the president of the senate, after

1 26 consultation with the majority leader of the senate, and by the

1 27 minority leader of the senate, and one member each shall be

1 28 selected by the speaker of the house of representatives and by

1 29 the minority leader of the house of representatives.

1 30 3. The duties of the council are to review, develop,

1 31 and recommend standards for secondary and postsecondary

1 32 agricultural education. The council shall annually issue a

1 33 report to the state board of education and the chairpersons

1 34 of the house and senate agriculture and education committees

1 35 regarding both short=term and long=term curricular standards

House File 592 - Introduced continued

2 1 for agricultural education and the council's activities. The

2 2 council shall meet a minimum of twice annually, and must have

2 3 a quorum consisting of a majority of voting members present

2 4 to hold an official meeting and to take any final council

2 5 action. However, hearings may be held without a quorum. The

2 6 chairperson shall be elected annually by and from the voting

2 7 membership. The initial organizational meeting shall be called

2 8 by the director of the department of education.

2 9 4. The term of membership is three years. The terms shall

2 10 be staggered so that three of the terms end each year, but no

2 11 member serving on the initial council shall serve less than one

2 12 year. The governor shall determine the length of the initial

2 13 terms of office. However, the terms of office for members of

2 14 the general assembly shall be as provided in section 69.16B.

2 15 EXPLANATION

2 16 This bill establishes the council for agricultural education

2 17 as repealed by 2010 Acts, chapter 1031. The council shall

2 18 consist of nine voting members appointed by the governor

2 19 including five persons representing all areas of agriculture

2 20 and diverse geographical areas, the individual representing

2 21 agriculture on the state council for vocational education, a

2 22 secondary school program instructor, a postsecondary school

2 23 program instructor, and a teacher educator. The council

2 24 may also include as ex officio nonvoting members the state

2 25 future farmers of America president, the current state future

2 26 farmers of America alumni association president, the current

2 27 postsecondary agriculture students president, the current young

2 28 farmers educational association president, a state consultant

2 29 in agricultural education, the secretary of agriculture or

2 30 the secretary's designee, and two members of each house of

2 31 the general assembly. The bill provides that the legislative

2 32 members shall be bipartisan in composition and sets out

2 33 procedures for their appointment.

2 34 The bill sets out duties and procedures for the council,

2 35 including reviewing, developing, and recommending standards for

House File 592 - Introduced continued

3 1 secondary and postsecondary agricultural education and issuing

3 2 an annual report to the state board of education and the house

3 3 and senate agriculture and education committees. The term of

3 4 membership for the council is three years.

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HF 593

House File 593 - Introduced

HOUSE FILE

BY COMMITTEE ON COMMERCE

(SUCCESSOR TO HF 304)

A BILL FOR

1 An Act relating to the education requirements for licensed

2 massage therapists.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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House File 593 - Introduced continued

PAG LIN

1 1 Section 1. Section 152C.3, subsection 1, paragraph a, Code

1 2 2011, is amended to read as follows:

1 3 a. Completion of a curriculum of massage education at a

1 4 school approved by the board which requires for admission

1 5 a diploma from an accredited high school or the equivalent

1 6 and requires completion of at least fivesix hundred hours

1 7 of supervised academic instruction. However, educational

1 8 requirements under this paragraph are subject to reduction

1 9 by the board if, after public notice and hearing, the board

1 10 determines that the welfare of the public may be adequately

1 11 protected with fewer hours of education.

1 12 EXPLANATION

1 13 This bill raises the educational requirement for licensed

1 14 massage therapists from 500 to 600 hours of supervised academic

1 15 instruction.

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HF 594

House File 594 - Introduced

HOUSE FILE

BY COMMITTEE ON COMMERCE

(SUCCESSOR TO HF 350)

A BILL FOR

1 An Act relating to the rights of members of a residential

2 cooperative, owners of a condominium, or owners of certain

3 other residential property.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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House File 594 - Introduced continued

PAG LIN

1 1 Section 1. NEW SECTION. 335.26 Display of American flag

1 2 or campaign signs.

1 3 A regulation or restriction pertaining to the use of

1 4 residential property that prohibits the display of the American

1 5 flag or the display of a political sign within six weeks of the

1 6 day of an election, is void as against the public policy of

1 7 this state and shall not be given legal or equitable effect.

1 8 Sec. 2. Section 499A.2A, Code 2011, is amended to read as

1 9 follows:

1 10 499A.2A Bylaws.

1 11 1. The initial bylaws of the cooperative shall be adopted by

1 12 the cooperative's board of directors. Prior to the admission

1 13 of members to the cooperative, the power to alter, amend, or

1 14 repeal the bylaws or adopt new bylaws is vested in the board

1 15 of directors. Following the admission of members to the

1 16 cooperative, the power to alter, amend, or repeal the bylaws or

1 17 adopt new bylaws is vested in the members in accordance with

1 18 the method set forth in the bylaws.

1 19 2. The bylaws may contain any provisions for the

1 20 regulation and management of the affairs of the cooperative

1 21 not inconsistent with law or the articles of incorporation.

1 22 However, the bylaws must provide for:

1 23 1. a. The number of members of the board of directors and

1 24 the term of the members.

1 25 2. b. The election of a president, vice president,

1 26 treasurer, and secretary by the board of directors.

1 27 3. c. The qualifications, powers and duties, terms of

1 28 office, and manner of electing and removing board members and

1 29 officers and filling vacancies of such members.

1 30 4. d. The method of amending the bylaws.

1 31 3. The bylaws shall not prohibit or restrict a member from:

1 32 a. Displaying the flag of the United States on residential

1 33 property in which the member has a separate ownership interest

1 34 or a right to exclusive possession or use.

1 35 b. Displaying political signs for six weeks prior to the day

House File 594 - Introduced continued

2 1 of an election.

2 2 Sec. 3. Section 499B.15, Code 2011, is amended to read as

2 3 follows:

2 4 499B.15 Contents of bylaws.

2 5 1. The bylaws must provide for at least the following:

2 6 1. a. The form of administration, indicating whether

2 7 this shall be in charge of an administrator or of a board of

2 8 administration, or otherwise, and specifying the powers, manner

2 9 of removal, and, where proper, the compensation thereof.

2 10 2. b. If the form of administration is a board of

2 11 administration, board meetings must be open to all apartment

2 12 owners except for meetings between the board and its attorney

2 13 with respect to proposed or pending litigation where the

2 14 contents of the discussion would otherwise be governed by

2 15 the attorney=client privilege. Notice of each board meeting

2 16 must be mailed or delivered to each apartment owner at least

2 17 seven days before the meeting. Minutes of meetings of the

2 18 board of administration must be maintained in written form

2 19 or in another form that can be converted into written form

2 20 within a reasonable time. The official records of the board

2 21 of administration must be open to inspection and available for

2 22 photocopying at reasonable times and places. Any action taken

2 23 by a board of administration at a meeting that is in violation

2 24 of any of the provisions of this subsection is not valid or

2 25 enforceable.

2 26 3. c. Method of calling or summoning the co=owners

2 27 to assemble; what percentage, if other than a majority of

2 28 apartment owners, shall constitute a quorum; who is to preside

2 29 over the meeting and who will keep the minute book wherein the

2 30 resolutions shall be recorded.

2 31 4. d. Maintenance, repair, and replacement of the common

2 32 areas and facilities and payments therefor including the method

2 33 of approving payment vouchers.

2 34 5. e. Manner of collecting from the apartment owners their

2 35 share of the common expenses.

House File 594 - Introduced continued

3 1 6. f. Designation and removal of personnel necessary for

3 2 the maintenance, repair, and replacement of the common areas

3 3 and facilities.

3 4 7. g. The percentage of votes required to amend the bylaws.

3 5 2. The bylaws shall not prohibit or restrict an owner from:

3 6 a. Displaying the flag of the United States on residential

3 7 property in which the owner has a separate ownership interest

3 8 or a right to exclusive possession or use.

3 9 b. Displaying political signs for six weeks prior to the day

3 10 of an election.

3 11 Sec. 4. NEW SECTION. 558B.1 Display of American flag or

3 12 campaign signs.

3 13 A restriction, reservation, condition, exception, or

3 14 covenant in a subdivision plan, warranty deed, or other

3 15 instrument of or pertaining to the transfer, sale, lease, or

3 16 use of residential property that prohibits the display of the

3 17 American flag or the display of a political sign within six

3 18 weeks of the day of an election, is void as against the public

3 19 policy of this state and shall not be given legal or equitable

3 20 effect.

3 21 EXPLANATION

3 22 This bill provides that a person whose residence is part of

3 23 a cooperative or condominium, or whose residence is governed

3 24 by a restrictive covenant or other restrictive conditions may

3 25 display the American flag on that property under the person's

3 26 control. The person may also display political signs for six

3 27 weeks prior to the day of an election.

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HF 595

House File 595 - Introduced

HOUSE FILE

BY COMMITTEE ON COMMERCE

(SUCCESSOR TO HSB 186)

(COMPANION TO LSB

2674SV BY COMMITTEE ON

COMMERCE)

A BILL FOR

1 An Act relating to residential contractors and providing a

2 penalty.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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House File 595 - Introduced continued

PAG LIN

1 1 Section 1. NEW SECTION. 103A.71 Residential contractors.

1 2 1. As used in this section:

1 3 a. "Residential contractor" means a person in the business

1 4 of contracting to repair or replace roof systems or perform

1 5 any other exterior repair, replacement, construction, or

1 6 reconstruction work on residential real estate or a person

1 7 offering to contract with an owner or possessor of residential

1 8 real estate to carry out such work.

1 9 b. "Residential real estate" means a new or existing

1 10 building, including a detached garage, constructed for

1 11 habitation by one to four families.

1 12 c. "Roof system" includes roof coverings, roof sheathing,

1 13 roof weatherproofing, and roof insulation.

1 14 2. A residential contractor shall not advertise or promise

1 15 to pay anything of value or rebate any insurance deductible

1 16 or any portion thereof as an inducement to the sale of goods

1 17 or services. A promise to pay anything of value or rebate

1 18 any insurance deductible includes granting any allowance or

1 19 offering any discount against the fees to be charged or paying

1 20 an insured or a person directly or indirectly associated with

1 21 the property any form of compensation, gift, prize, bonus,

1 22 coupon, credit, referral fee, or other item of monetary value

1 23 for any reason, including but not limited to permitting the

1 24 residential contractor to display a sign or any other type of

1 25 advertisement at the insured's premises.

1 26 3. A person who has entered into a written contract with

1 27 a residential contractor providing goods or services to be

1 28 paid from the proceeds of a property and casualty insurance

1 29 policy may cancel the contract prior to midnight on the fifth

1 30 business day after the person has received written notice from

1 31 the person's insurer that all or part of the claim or contract

1 32 is not a covered loss under the insurance policy. Cancellation

1 33 shall be evidenced by the person giving written notice of the

1 34 cancellation to the residential contractor at the address of

1 35 the residential contractor's place of business as stated in

House File 595 - Introduced continued

2 1 the contract. Notice of cancellation given by mail shall be

2 2 effective upon deposit into the United States mail with prepaid

2 3 postage, if properly addressed to the residential contractor.

2 4 Notice of cancellation need not take a particular form, and

2 5 is sufficient if the notice indicates, by any form of written

2 6 expression, the intent of the insured not to be bound by the

2 7 contract.

2 8 4. Before entering into a contract to provide goods or

2 9 services to be paid from the proceeds of a property and

2 10 casualty insurance policy, a residential contractor shall

2 11 provide the insured along with the contract all of the

2 12 following documents in substantially the following form:

2 13 a. The following statement in at least ten=point bold type:

2 14 RIGHT OF CANCELLATION

2 15 You may cancel this contract at any time before midnight

2 16 on the fifth business day after you have received written

2 17 notification from your insurer that all or any part of the

2 18 claim or contract is not a covered loss under your insurance

2 19 policy. See the attached notice of cancellation form for an

2 20 explanation of this right.

2 21 b. A fully completed duplicate form which shall be attached

2 22 to the contract, but easily detachable, and which shall contain

2 23 the following statement in at least ten=point bold type:

2 24 NOTICE OF CANCELLATION

2 25 If you are notified by your insurer that all or any part

2 26 of the claim or contract is not a covered loss under your

2 27 insurance policy, you may cancel the contract by mailing

2 28 or delivering a signed and dated copy of this cancellation

2 29 notice or any other written notice of cancellation to (name of

2 30 contractor) at (address of contractor's place of business) at

2 31 any time prior to midnight on the fifth business day after you

2 32 have received such notice from your insurer. If you cancel the

2 33 contract, any payments made by you under the contract will be

2 34 returned to you within ten business days following receipt by

2 35 the contractor of your cancellation notice.

House File 595 - Introduced continued

3 1 I hereby cancel this contract.

3 2 ______

3 3 Date

3 4 ______

3 5 Insured's signature

3 6 5. Within ten days after a contract to provide goods

3 7 or services to be paid from the proceeds of a property and

3 8 casualty insurance policy has been canceled by notification

3 9 pursuant to this section, the residential contractor shall

3 10 tender to the person canceling the contract any payments,

3 11 partial payments, or deposits made by the person and any note

3 12 or other evidence of indebtedness. However, if the residential

3 13 contractor has performed any emergency services, acknowledged

3 14 by the person in writing to be necessary to prevent damage to

3 15 the premises, the residential contractor shall be entitled to

3 16 be paid the reasonable value of such services. Any provision

3 17 in a contract to provide goods or services to be paid from

3 18 the proceeds of a property and casualty insurance policy that

3 19 requires the payment of any fee which is not for emergency

3 20 services shall not be enforceable against any person who has

3 21 canceled a contract pursuant to this section.

3 22 6. A residential contractor shall not represent or

3 23 negotiate on behalf of, or offer or advertise to represent or

3 24 negotiate on behalf of, an owner or possessor of residential

3 25 real estate on any insurance claim in connection with the

3 26 repair or replacement of roof systems, or the performance

3 27 of any other exterior repair, replacement, construction, or

3 28 reconstruction work on the residential real estate.

3 29 7. A residential contractor violating this section is

3 30 subject to the penalties and remedies prescribed by this

3 31 chapter.

3 32 Sec. 2. APPLICABILITY. This Act applies to contracts

3 33 entered into on or after the effective date of this Act.