Text: SF00086 Text: SF00088 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 2B.13, subsection 4, Code 1995, is 1 2 amended to read as follows: 1 3 4. The Iowa Code editor shall seek direction from the 1 4 senate committee on judiciary and the house committee on 1 5 judiciaryand law enforcementwhen making Iowa Code or Code 1 6 Supplement changes, and the administrative code editor shall 1 7 seek direction from the administrative rules review committee 1 8 and the administrative rules coordinator when making Iowa 1 9 administrative code changes, which appear to require 1 10 substantial editing and which might otherwise be interpreted 1 11 to exceed the scope of the authority granted in this section. 1 12 Sec. 2. Section 10A.104, subsection 8, Code 1995, is 1 13 amended to read as follows: 1 14 8. Establish by rule standards and procedures for 1 15 certifying that targeted small businesses are eligible to 1 16 participate in the procurement set-aside programand that1 17small businesses are eligible to participate in the1 18construction procurement set-aside programestablished in 1 19 sections 73.15 through 73.21. The procedure for determination 1 20 of eligibility shall not include self-certification by a 1 21 business. Rules and guidelines adopted pursuant to this 1 22 subsection are subject to review and approval by the director 1 23 of the department of management. The director shall maintain 1 24 a current directory of targeted small businesses which have 1 25 been certified pursuant to this subsection. 1 26 Sec. 3. Section 13B.8, subsection 1, unnumbered paragraph 1 27 2, Code 1995, is amended to read as follows: 1 28 Before establishing or abolishing a local public defender 1 29 office, the state public defender shall provide a written 1 30 report detailing the reasons for the action to be taken to the 1 31 regulation appropriations subcommittee, the chairperson, vice 1 32 chairperson, and ranking member of the senate committee on 1 33 judiciary and committee on appropriations, and the 1 34 chairperson, vice chairperson, and ranking member of the house 1 35 of representatives committee on judiciaryand law enforcement2 1 and committee on appropriations. The report shall contain a 2 2 statement of the estimated fiscal impact of the action taken. 2 3 Any action taken in establishing or abolishing a local public 2 4 defender office shall only take effect upon the approval of 2 5 the general assembly. If the state public defender proposes 2 6 to abolish a local public defender office prior to the 2 7 beginning of any regular session of the general assembly and 2 8 the general assembly takes no action regarding that proposal 2 9 during the first ninety days of the first regular session 2 10 occurring after the proposal is made, the office shall be 2 11 abolished. 2 12 Sec. 4. Section 15.308, subsection 2, paragraph h, Code 2 13 1995, is amended to read as follows: 2 14 h.Establish aThe new jobs and income program. 2 15 Sec. 5. Section 15E.120, subsection 5, Code 1995, is 2 16 amended to read as follows: 2 17 5. Loan repayments received by the Iowa department of 2 18 economic development shall be deposited into a special account 2 19 to be used at its discretion as matching funds to attract 2 20 financial assistance from and to participate in programs with 2 21 national rural development and finance corporations or as 2 22 provided in subsection 6. Funds in this special account shall 2 23 not revert to the state general fund at the end of any fiscal 2 24 year. If the programs for which the funds in the special 2 25 account are to be used are terminated or expire, the funds in 2 26 the special account and funds that would be repaid, if any, to 2 27 the special account shall be transferred or repaid to the 2 28 community economic betterment account of theIowa plan fund2 29for economic development as established in section 99E.312 30 strategic investment fund established in section 15.313. 2 31 Sec. 6. Section 35A.2, subsection 1, Code 1995, is amended 2 32 to read as follows: 2 33 1. A commission of veterans affairs is created consisting 2 34 of seven persons who shall be appointed by the governor, 2 35 subject to confirmation by the senate. Members shall be 3 1 appointed to staggered terms of four years beginning and 3 2 ending as provided in section 69.19. The governor shall fill 3 3 a vacancy for the unexpired portion of the term. 3 4 Sec. 7. Section 48A.14, subsection 3, Code 1995, is 3 5 amended to read as follows: 3 6 3. A challenge shall contain a statement signed by the 3 7 challenger in substantially the following form: "I swear or 3 8 affirm that information contained on this challenge is true. 3 9 I understand that knowingly filing a challenge containing 3 10 false information isa seriousan aggravated misdemeanor." 3 11 Sec. 8. Section 53.37, subsection 5, Code 1995, is amended 3 12 to read as follows: 3 13 5. Citizens of the United States who do not fall under any 3 14 of the categories described in subsections 1 to 4, but who are 3 15 entitled to register and vote pursuant to section47.4,3 16subsection 348A.5, subsection 4. 3 17 Sec. 9. Section 53.39, Code 1995, is amended to read as 3 18 follows: 3 19 53.39 REQUEST FOR BALLOT &endash; WHEN AVAILABLE. 3 20 Section 53.2 does not apply in the case of aregistered3 21 qualified voter of the state of Iowa serving in the armed 3 22 forces of the United States. In any such case an application 3 23 for ballot as provided for in that section is not required and 3 24 an absent voter's ballot shall be sent or made available to 3 25 any suchregisteredqualified voter upon a request as provided 3 26 in this division. 3 27 All official ballots to be voted by qualified absent voters 3 28 in the armed forces of the United States at the primary 3 29 election and the general election shall be printed prior to 3 30 forty days before the respective elections and shall be 3 31 available for transmittal to suchregisteredqualified voters 3 32 in the armed forces of the United States at least forty days 3 33 before the respective elections. The provisions of this 3 34 chapter apply to absent voting by qualified voters in the 3 35 armed forces of the United States except as modified by the 4 1 provisions of this division. 4 2 Sec. 10. Section 135.107, subsection 1, unnumbered 4 3 paragraph 2, Code 1995, is amended to read as follows: 4 4 The advisory committee shall regularly meet with the 4 5 administrative head of the center as well as the director of 4 6 the center for agricultural health and safety established 4 7 under section 262.78. The head of theofficecenter and the 4 8 director of the center for agricultural health and safety 4 9 shall consult with the advisory committee and provide the 4 10 committee with relevant information regarding their agencies. 4 11 Sec. 11. Section 135C.2, subsection 5, paragraph g, Code 4 12 1995, is amended to read as follows: 4 13 g. The facilities licensed under this subsection shall be 4 14 eligible for funding utilized by other licensed residential 4 15 care facilities for the mentally retarded, or licensed 4 16 residential care facilities for the mentally ill, including 4 17 but not limited to funding under or from the federal social 4 18 services block grant, the state supplementary assistance 4 19 program, state mental health andmental retardation4 20 developmental disabilities services funds, and county funding 4 21 provisions. 4 22 Sec. 12. Section 144.12A, subsection 5, paragraph c, Code 4 23 1995, is amended to read as follows: 4 24 c. Revocationshall be deemed a nullitynullifies the 4 25 registration and the information provided by the registrant 4 26 shall be expunged. 4 27 Sec. 13. Section 163.47, Code 1995, is amended to read as 4 28 follows: 4 29 163.47 EXEMPTIONS. 4 30 The provisions of this division shall not apply to 4-H or 4 31 Future Farmers of America organizations engaged in breeding 4 32 programs, the sale of semen collected before January 1, 1978. 4 33 Sec. 14. Section 192.124, Code 1995, is amended to read as 4 34 follows: 4 35 192.124 RETENTION OF MARKED CONTAINER. 5 1NoA person shall not, without the consent of the owner, 5 2 retain for a longer period than three days a container bearing 5 3 a registered mark, and any person receiving such a container 5 4 shall immediately return it to the owner by a common carrier. 5 5 A receipt from a common carriershall be prima-facieis prima 5 6 facie evidence thatsuchthe container was returned. 5 7Notwithstanding section 189.21, a person retaining a5 8container used for the handling of dairy products intended for5 9sale as provided in this section, which bears a mark5 10registered pursuant to section 192.123, shall not be subject5 11to any penalty provided by law, if the person returns the5 12container to its owner on or after April 14, 1992, but before5 13August 1, 1992.5 14 Sec. 15. Section 232.44, subsection 7, Code 1995, is 5 15 amended to read as follows: 5 16 7. If a child held in shelter care or detention by court 5 17 order has not been released after a detention hearing or has 5 18 not appeared at an adjudicatory hearing before the expiration 5 19 of the order of detention, an additional hearing shall 5 20 automatically be scheduled for the next court day following 5 21 the expiration of the order. The child, the child's counsel, 5 22 the child's guardian ad litem, and the child's parent, 5 23 guardian or custodian shall be notified of this hearing not 5 24 less than twenty-four hours before the hearing is scheduled to 5 25 take place. The hearing required by thissectionsubsection 5 26 may be held by telephone conference call. 5 27 Sec. 16. Section 232.102, subsection 3, Code 1995, is 5 28 amended to read as follows: 5 29 3. After a dispositional hearing and upon written findings 5 30 of fact based upon evidence in the record that an alternative 5 31 placement set forth in subsection 1, paragraph "b" has 5 32 previously been made and is not appropriate the court may 5 33 enter an order transferring the guardianship of thecourt5 34 child for the purposes of subsection 8, to the director of 5 35 human services for the purposes of placement in the Iowa 6 1 juvenile home at Toledo. 6 2 Sec. 17. Section 232.148, subsection 5, Code 1995, is 6 3 amended to read as follows: 6 4 5. Fingerprints and photographs of a child shall be 6 5 removed from the file and destroyed upon notification by the 6 6 child's guardian ad litem or legal counsel to the department 6 7 of public safety thatanyeither of the following situations 6 8 apply: 6 9 a. A petition alleging the child to be delinquent is not 6 10 filed and the child has not entered into an informal 6 11 adjustment, admitting involvement in a delinquent act alleged 6 12 in the complaint. 6 13 b. After a petition is filed, the petition is dismissed or 6 14 the proceedings are suspended and the child has not entered 6 15 into a consent decree and has not been adjudicated delinquent 6 16 on the basis of a delinquent act other than one alleged in the 6 17 petition in question. 6 18c. UponFingerprints and photographs of a child shall also 6 19 be removed from the file and destroyed upon petition by the 6 20 child when the child reaches twenty-one years of age and the 6 21 child has not been adjudicated a delinquent nor convicted of 6 22 committing an aggravated misdemeanor or a felony after 6 23 reaching sixteen years of age. 6 24 Sec. 18. Section 252A.6A, subsection 2, paragraph a, Code 6 25 1995, is amended to read as follows: 6 26 a. (1) If the prior determination of paternity is based 6 27 on an affidavit of paternity filed pursuant to section 6 28 252A.3A, or an administrative order entered pursuant to 6 29 chapter 252F, or an order by the courts of this state, or by 6 30 operation of law when the mother and established father are or 6 31 were married to each other, the provisions of section600B.416 32 600B.41A are applicable. 6 33 (2) If the court determines that the prior determination 6 34 of paternity should not be overcome, pursuant to section 6 35600B.41600B.41A, and that the respondent has a duty to 7 1 provide support, the court shall enter an order establishing 7 2 the monthly child support payment and the amount of the 7 3 support debt accrued and accruing pursuant to section 598.21, 7 4 subsection 4, or medical support pursuant to chapter 252E, or 7 5 both. 7 6 Sec. 19. Section 252C.4, subsection 7, paragraph a, Code 7 7 1995, is amended to read as follows: 7 8 a. (1) If the prior determination of paternity is based 7 9 on an affidavit of paternity filed pursuant to section 7 10 252A.3A, or an administrative order entered pursuant to 7 11 chapter 252F, or an order by the courts of this state, or by 7 12 operation of law when the mother and established father are or 7 13 were married to each other, the provisions of section600B.417 14 600B.41A are applicable. 7 15 (2) If the court determines that the prior determination 7 16 of paternity should not be overcome pursuant to section 7 17600B.41600B.41A, and that the responsible person has a duty 7 18 to provide support, the court shall enter an order 7 19 establishing the monthly child support payment and the amount 7 20 of the support debt accrued and accruing pursuant to section 7 21 598.21, subsection 4, or medical support pursuant to chapter 7 22 252E, or both. 7 23 Sec. 20. Section 256.33, unnumbered paragraph 1, Code 7 24 1995, is amended to read as follows: 7 25 The department shall consort with school districts, area 7 26 education agencies, community colleges, and colleges and 7 27 universities to provide assistance to them in the use of 7 28 educational technology for instruction purposes. The 7 29 department shall consult withthe advisory committee on the7 30operation of the narrowcast system, established in section7 31256.82,the advisory committee on telecommunications, 7 32 established in section 256.7, subsection 7, and other users of 7 33 educational technology on the development and operation of 7 34 programs under this section. 7 35 Sec. 21. Section 261B.6, Code 1995, is amended to read as 8 1 follows: 8 2 261B.6 LIST OF SCHOOLS. 8 3 The secretary shall maintain a list of registered schools 8 4 and the list and the information submitted under sections 8 5 261B.3 and 261B.4 are public records under chapter2122. 8 6 Sec. 22. Section 294.10A, subsection 1, Code 1995, is 8 7 amended to read as follows: 8 8 1. Notwithstanding section 294.9 or other provisions of 8 9 this chapter, beginning January 1,following the submission by 8 10thea board of trustees of an application to the federal 8 11 internal revenue service requesting qualification of a plan in 8 12 accordance with the requirements of the Internal Revenue Code, 8 13 as defined in section 422.3, teacher assessments required 8 14 under section 294.9 which are picked up bythean employing 8 15 school district shall be considered employer contributions for 8 16 federal income tax purposes, and each employing school 8 17 district establishing a pension and annuity retirement system 8 18 pursuant to this chapter shall pick up the teacher assessments 8 19 to be made under section 294.9 by its employees commencing the 8 20 January 1 following an application for qualification. Each 8 21 employing school district shall pick up these teacher 8 22 assessments by reducing the salary of each of the teachers 8 23 covered by this chapter by the amount which each teacher is 8 24 required to contribute through assessments under section 294.9 8 25 and shall pay to the board of trustees the amount picked up in 8 26 lieu of the teacher assessments for recording and deposit in 8 27 the fund. 8 28 Sec. 23. Section 298.9, Code 1995, is amended to read as 8 29 follows: 8 30 298.9 SPECIAL LEVIES. 8 31 If the voter-approved physical plant and equipment levy, 8 32 consisting solely of a physical plant and equipment property 8 33 tax levy, is voted at a special election and certified to the 8 34 board of supervisors after the regular levy is made, the board 8 35 shall at its next regular meeting levy the tax and cause it to 9 1 be entered upon the tax list to be collected as other school 9 2 taxes. If the certification is filed prior to April 1, the 9 3 annual levy shall begin with the tax levy of the year of 9 4 filing. If the certification is filed after April 1 in a 9 5 year, the levy shall begin with the levy of the fiscal year 9 6 succeeding the year of the filing of the certification. 9 7 Sec. 24. Section 298A.11, Code 1995, is amended to read as 9 8 follows: 9 9 298A.11 SCHOOL NUTRITION FUND. 9 10 A school nutrition fund is an enterprise fund. A school 9 11 nutrition fund must be established in any school corporation 9 12 receiving moneys from the schoollunchmeal program authorized 9 13 under chapter 283A. 9 14 Sec. 25. Section 321.189, subsection 7, paragraphs a and 9 15 b, Code 1995, are amended to read as follows: 9 16 a. An operator who has been issued a class M license prior 9 17 toJuly 1, 1994May 1, 1995. 9 18 b. An operator who is renewing the operator's class M 9 19 license issued prior toJuly 1, 1994May 1, 1995. 9 20 Sec. 26. Section 321.454, Code 1995, is amended to read as 9 21 follows: 9 22 321.454 WIDTH OF VEHICLES. 9 23 The total outside width of any vehicle or the load on the 9 24 vehicle shall not exceed eight feet except that a motor home, 9 25 commercial motor vehicle, motor truck or trailer hauling grain 9 26 or livestock, travel trailer, fifth-wheel travel trailer, or 9 27 bus having a total outside width not exceeding eight feet six 9 28 inches, exclusive of safety equipment, is exempt from the 9 29 permit requirements of chapter 321E and may be operated on the 9 30 public highways of the state. However, if hay, straw or 9 31 stover moved on any implement of husbandry and the total width 9 32 of load of the implement of husbandry exceeds eight feet in 9 33 width, the implement of husbandry is not subject to the permit 9 34 requirements of chapter 321E. If hay, straw or stover is 9 35 moved on any other vehicle subject to registration, the moves 10 1 are subject to the permit requirements for transporting loads 10 2 exceeding eight feet in width as required under chapter 321E. 10 3The vehicle width limitations imposed by this subsection only10 4apply to the public highways of the state not subject to the10 5width limitations imposed under subsection 2.10 6 Sec. 27. Section 321E.11, unnumbered paragraph 1, Code 10 7 1995, is amended to read as follows: 10 8 Movements by permit in accordance with this chapter shall 10 9 be permitted only during the hours from sunrise to sunset 10 10 unless the issuing authority determines that the movement can 10 11 be better accomplished at another period of time because of 10 12 traffic volume conditions or the vehicle subject to the permit 10 13 has an overall length not to exceed one hundred feet, an 10 14 overall width not to exceed eleven feet, and an overall height 10 15 not to exceed fourteen feet, four inches, and the permit 10 16 requires the vehicle to operate only onthethose highways 10 17 designatedhighway systemby the department. Additional 10 18 safety lighting and escorts may be required for movement at 10 19 night. 10 20 Sec. 28. Section 331.507, subsection 3, Code 1995, is 10 21 amended to read as follows: 10 22 3. The auditor shall collect or receive thefollowing10 23fees:10 24a. Thebee entry fee collected from nonresidents importing 10 25 bees by the state apiarist as provided under section 160.16. 10 26 Sec. 29. Section 331.653, subsection 53, Code 1995, is 10 27 amended to read as follows: 10 28 53. Carry out duties relating to the disposition of lost 10 29 property as provided in chapter644556F. 10 30 Sec. 30. Section 357G.4, Code 1995, is amended to read as 10 31 follows: 10 32 357G.4 TIME OF HEARING. 10 33 The public hearing required in section 357G.2 shall be held 10 34 within thirty days of the presentation of the petition. 10 35 Notice of hearing shall be given by publication in two 11 1 successive issues of anypapernewspaper of general 11 2 circulation within the district. The last publication shall 11 3 be not less than one week before the proposed hearing. 11 4 Sec. 31. Section 384.84, subsection 6, paragraph a, 11 5 subparagraph (5), Code 1995, is amended to read as follows: 11 6 (5) Contract for a period not to exceed forty years with 11 7 persons and other governmental bodies for thepurposepurchase 11 8 or sale of water, gas, or electric power and energy on a 11 9 wholesale basis. 11 10 Sec. 32. Section 427A.1, subsection 1, unnumbered 11 11 paragraph 1, Code 1995, is amended to read as follows: 11 12All tangible property except that which is assessed and11 13taxed as real property is subject to the personal property tax11 14credits provided in this chapter, unless the property is11 15taxed, licensed, or exempt from taxation under other11 16provisions of law.For the purposes of property taxation 11 17 only, the following shall be assessed and taxed, unless 11 18 otherwise qualified for exemption, as real property: 11 19 Sec. 33. NEW SECTION. 427A.2 PERSONAL PROPERTY NOT 11 20 SUBJECT TO PROPERTY TAX. 11 21 Personal property shall not be listed or assessed for 11 22 taxation and is not subject to the property tax. 11 23 Sec. 34. Section 447.9, unnumbered paragraph 2, Code 1995, 11 24 is amended to read as follows: 11 25 Service of the notice shall also be made by mail on any 11 26 mortgagee having a lien upon the parcel, a vendor of the 11 27 parcel under a recorded contract of sale, a lessor who has a 11 28 recorded lease or recorded memorandum of arecordedlease, and 11 29 any other person who has an interest of record, at the 11 30 person's last known address, and on the state of Iowa in case11 31of an old-age assistance lien by service upon the state11 32department of human services. The notice shall also be served 11 33 on any city where the parcel is situated. Only those persons 11 34 who are required to be sent the notice of expiration as 11 35 provided in this section are eligible to redeem a parcel from 12 1 tax sale. 12 2 Sec. 35. Section 502.207A, subsection 5, Code 1995, is 12 3 amended to read as follows: 12 4 5. In connection with an offering registered under this 12 5 section, a person may be registered as an agent of the issuer 12 6 under section 502.301 by the filing of an application by the 12 7 issuer with the administrator for the registration of the 12 8 person as an agent of the issuer and the paying of a fee of 12 9 ten dollars. Notwithstanding any other provision of this 12 10 chapter, the registration of the agent shall be effective 12 11 until withdrawn by the issuer or until the securities 12 12 registered pursuant to the registration statement have all 12 13 been sold, whichever occurs first. The registration of an 12 14 agent shall become effective when ordered by the administrator 12 15 or on the fifth business day after the agent's application has 12 16 been filed with the administrator, whichever occurs first, and 12 17 the administrator shall not impose further conditions upon the 12 18 registration of the agent. However, the administrator may 12 19 deny, revoke, suspend, or withdraw the registration of the 12 20 agent at any time as provided in section 502.304. 12 21Notwithstanding section 502.302, subsection 5, forFor the 12 22 purposes of registration of agents under this section, the 12 23 issuer and agent are not required to post bond. An agent 12 24 registered solely pursuant to this section is entitled to sell 12 25 only securities registered under this section. 12 26 Sec. 36. Section 508.36, subsection 8, paragraph a, Code 12 27 1995, is amended to read as follows: 12 28 a. A company's aggregate reserves for all life insurance 12 29 policies, excluding disability and accidental death benefits, 12 30 issued on or after the operative date of section 508.37, shall 12 31 not be less than the aggregate reserves calculated in 12 32 accordance with the methods set forth in subsections 6, 7, 10, 12 33 and 11, and the mortality table or tables and rate or rates of 12 34 interest used in calculating nonforfeiture benefits for such 12 35 policies. 13 1 Sec. 37. Section 515C.1, Code 1995, is amended to read as 13 2 follows: 13 3 515C.1 DEFINITION. 13 4 "Mortgage guaranty insurance" means insurance against 13 5 financial loss by reason of nonpayment of principal, interest 13 6 and other sums agreed to be paid under the terms of any note 13 7 or bond or other evidence of indebtedness secured by a 13 8 mortgage, deedorof trust or other instrument constituting a 13 9 lien or charge on real estate or on an owner-occupied mobile 13 10 home. 13 11 Sec. 38. Section 548.101, subsection 9, Code 1995, is 13 12 amended to read as follows: 13 13 9. "Trademark" means a word, name, symbol, or device or 13 14 any combination of a word, name, symbol, or device, used by a 13 15 person to identify and distinguish the goods of that person, 13 16 including a unique product, fromproductsthose manufactured 13 17 and sold by others, and to indicate the source of the goods, 13 18 even if that source is unknown. 13 19 Sec. 39. Section 548.101, subsection 11, paragraph a, Code 13 20 1995, is amended to read as follows: 13 21 a. On goods sold or transported in commerce in this state 13 22 when the mark is placed in any manner on the goods or 13 23 containers or associated displays, or on affixed tags or 13 24 labels,in this stateor if the nature of the goods makes the 13 25 placement on the goods or containers impracticable, on 13 26 documents associated with the goods or their sale. 13 27 Sec. 40. Section 548.102, subsection 5, unnumbered 13 28 paragraph 2, Code 1995, is amended to read as follows: 13 29 This subsection 5 does not prevent the registration of a 13 30 mark used by the applicant which has become distinctive of the 13 31 applicant's goods or services. The secretary may accept as 13 32 evidence that the mark has become distinctive,as used on or 13 33 in connection with the applicant's goods or services, proof of 13 34 continuous use thereof as a mark by the applicant in this 13 35 state for the five years before the date on which the claim 14 1 for distinctiveness is made. 14 2 Sec. 41. Section 554.3102, subsections 1 and 2, Code 1995, 14 3 are amended to read as follows: 14 4 1. This Article applies to negotiable instruments. It 14 5 does not apply to money, to payment orders governed by Article 14 6812, or to securities governed by Article128. 14 7 2. If there is conflict between this Article and Article 4 14 8 or 9or 12, Articles 4 and 9and 12govern. 14 9 Sec. 42. Section 554.4104, subsection 3, Code 1995, is 14 10 amended to read as follows: 14 11 3. The following definitions in other Articles apply to 14 12 this Article: 14 13 "Acceptance" Section 554.3409 14 14 "Alteration" Section 554.3407 14 15 "Cashier's check" Section 554.3104 14 16 "Certificate of deposit" Section 554.3104 14 17 "Certified check" Section 554.3409 14 18 "Check" Section 554.3104 14 19"Draft" Section 554.310414 20 "Good faith" Section 554.3103 14 21 "Holder in due course" Section 554.3302 14 22 "Instrument" Section 554.3104 14 23 "Notice of dishonor" Section 554.3503 14 24 "Order" Section 554.3103 14 25 "Ordinary care" Section 554.3103 14 26 "Person entitled to enforce" Section 554.3301 14 27 "Presentment" Section 554.3501 14 28 "Promise" Section 554.3103 14 29 "Prove" Section 554.3103 14 30 "Teller's check" Section 554.3104 14 31 "Unauthorized signature" Section 554.3403 14 32 Sec. 43. Section 554.4212, subsection 2, Code 1995, is 14 33 amended to read as follows: 14 34 2. If presentment is made by notice and payment, 14 35 acceptance, or request for compliance with a requirement under 15 1 section 554.3501 is not received by the close of business on 15 2 the day after maturity or, in the case of demand items, by the 15 3 close of business on the third banking day after notice was 15 4 sent, the presenting bank may treat the item as dishonored and 15 5 charge any drawer or endorser by sending it notice of the 15 6 facts. 15 7 Sec. 44. Section 554.4215, subsection 6, Code 1995, is 15 8 amended to read as follows: 15 9 6. Subject to applicable law stating a time for 15 10 availability of funds and any right of a bank to apply a 15 11 depositof moneyto an obligation of thecustomerdepositor, 15 12thea deposit of money becomes available for withdrawal as of 15 13 right at the opening of the bank's next banking day after 15 14 receipt of the deposit. 15 15 Sec. 45. Section 554.4401, subsection 1, Code 1995, is 15 16 amended to read as follows: 15 17 1. A bank may charge against thecustomer'saccount of a 15 18 customer an item that is properly payable from that account 15 19 even though the charge creates an overdraft. An item is 15 20 properly payable if it is authorized by the customer and is in 15 21 accordance with any agreement between the customer and bank. 15 22 Sec. 46. Section 602.8102, subsection 110, Code 1995, is 15 23 amended to read as follows: 15 24 110. Carry out duties relating to the disposition of lost 15 25 property as provided in chapter644556F. 15 26 Sec. 47. Section 633.703B, Code 1995, is amended to read 15 27 as follows: 15 28 633.703B AVAILABILITY OF AMENDMENT PROCEDURES. 15 29 Amendment procedures inthis chaptersection 633.703A and 15 30 this section shall be available to trusts created in any 15 31 manner, whether by trust agreement, will, deed, or otherwise, 15 32 and may be used on or after July 1, 1994, for any trust 15 33 created before or after that date. 15 34 Sec. 48. Section 709B.3, subsection 14, Code 1995, is 15 35 amended to read as follows: 16 1 14. In addition to persons to whom disclosure of the 16 2 results of a convicted offender's HIV-related test results is 16 3 authorized under this chapter, the victim may also disclose 16 4 the results to the victim's spouse, persons with whom the 16 5 victim has engaged in vaginal, anal, or oral intercourse 16 6 subsequent to the sexual assault, or members of the victim's 16 7 family within thefourththird degree of consanguinity. 16 8 Sec. 49. 1994 Iowa Acts, chapter 1119, section 36, is 16 9 amended to read as follows: 16 10 SEC. 36. ELIMINATION OF FUNDING SOURCE &endash; DIRECTIONS TO 16 11 CODE EDITOR. 16 12 1. Section 423.24, subsection 1, paragraph b, Code 16 13 Supplement 1993, as amended by 1994 Iowa Acts, chapter 1119, 16 14 section 29, is amended by striking the paragraph. 16 15 2. No moneys shall be deposited into the value-added 16 16 agricultural products and processes financial assistance fund 16 17 or the renewable fuels and coproducts fund, pursuant to 16 18 section 423.24, as provided in this Act, after June 30, 2000. 16 19 3. Notwithstanding this section, restrictions upon the 16 20 amount of money used to support administrative expenses by the 16 21 department of economic development and the office of renewable 16 22 fuels and coproducts shall continue to apply to moneys 16 23 deposited in the value-added agricultural products and 16 24 processes financial assistance fund and the renewable fuels 16 25 and coproducts fund, pursuant to section 423.24, as provided 16 26 in this Act, after June 30, 2000. 16 27 4. a. Any unencumbered or unobligated moneys in the 16 28 value-added agricultural products and processes financial 16 29 assistance fund derived from moneys deposited pursuant to 16 30 section 423.24, which are in excess of three million six 16 31 hundred fifty thousand dollars of the unencumbered or 16 32 unobligated moneys in the fund deposited pursuant to that 16 33 section, and which are remaining on June 30, 2000, shall be 16 34 credited on August 31, 2000, to the road use tax fund as 16 35 created in section 312.1. 17 1 b. Any unencumbered or unobligated moneys in the renewable 17 2 fuels and coproducts fund derived from moneys deposited 17 3 pursuant to section 423.24, which are in excess of three 17 4 hundred fifty thousand dollars of the unencumbered or 17 5 unobligated moneys in the fund deposited pursuant to that 17 6 section, and which are remaining on June 30, 2000, shall be 17 7 credited on August 31, 2000, to the road use tax fund as 17 8 created in section 312.1. 17 9 5. The Code editor is directed to eliminate provisions 17 10 within sections of the Code as provided in this Act wherever 17 11 references to section 423.24, subsection 1, paragraph "b", 17 12 appear in those provisions. 17 13 6. This section takes effect on July 1, 2000. 17 14 Sec. 50. 1994 Iowa Acts, chapter 1171, section 52, 17 15 subsections 5 and 6, are amended to read as follows: 17 16 5. Sections 40, 41, 42, and 46 through 48 of this Act, 17 17 being deemed of immediate importance, take effect upon 17 18 enactment. 17 19 6. Sections 40, 41, 42, and 46 through 48 of this Act 17 20 apply to any action to overcome paternity, including any 17 21 paternity determination made prior to the effective date of 17 22 sections 40, 41, 42, and 46 through 48 of this Act. 17 23 Sec. 51. 1994 Iowa Acts, chapter 1183, section 89, 17 24 subsection 1, is amended to read as follows: 17 25 1. The department of personnel, in consultation with the 17 26 public retirement systems committee established in section 17 27 97D.4, shall develop a proposal concerning the possible estab- 17 28 lishment of a new benefit formula under the Iowa public 17 29employee'semployees' retirement system created in chapter 17 30 97B. The proposed benefit formula shall provide a method by 17 31 which a member may combine the value of the following 17 32 different types of membership service: 17 33 a. Membership service as a sheriff or deputy sheriff or 17 34 airport fire fighter in accordance with section 97B.49, 17 35 subsection 16, paragraph "b". 18 1 b. Membership service in a protection occupation, as pro- 18 2 vided in section 97B.49, subsection 16, paragraphs "a" and 18 3 "d". 18 4 c. Any other membership service, as defined in section 18 5 97B.41. 18 6 Sec. 52. 1994 Iowa Acts, chapter 1201, section 2, is 18 7 amended to read as follows: 18 8 SEC. 2. Notwithstanding section 15E.120, subsections 5, 6, 18 9 and 7, and section 15.287, there is appropriated from the Iowa 18 10 community development loan fundfromall the moneys available 18 11 during the fiscal year beginning July 1, 1994, and ending June 18 12 30, 1995, to the department of economic development for the 18 13 rural development program to be used by the department for the 18 14 purposes of the program. 18 15 Sec. 53. AMENDMENTS CHANGING TERMINOLOGY REGARDING 18 16 REGISTERED VOTERS &endash; DIRECTIVE TO CODE EDITOR. 18 17 1. Sections 28E.17, 28E.22, 28E.25, 28E.28A, 28E.39, 37.2, 18 18 39.22, 47.6, 49.3, 49.12, 49.13, 49.51, 49.72, 56.19, 174.10, 18 19 176A.6, 257.18, 257.29, 275.22, 279.39, 279.53, 300.2, 303.20, 18 20 303.33, 331.203, 331.204, 331.205, 331.208, 331.237, 331.301, 18 21 331.306, 331.402, 331.441, 331.442, 331.447, 336.2, 357G.8, 18 22 358.2, 358.5, 360.3, 364.4, 368.19, 373.6, 384.24A, 384.26, 18 23 384.84A, 422A.2, and 422B.1, Code 1995, are amended by 18 24 striking from the sections the words "qualified electors" and 18 25 inserting in lieu thereof the words "registered voters". 18 26 2. Section 53.30, Code 1995, is amended by striking from 18 27 the section the words "qualified elector's" and inserting in 18 28 lieu thereof the words "registered voter's". 18 29 3. Section 346.27, Code 1995, is amended by striking from 18 30 the section the words "qualified voters" and inserting in lieu 18 31 thereof the words "registered voters". 18 32 4. The Code editor is directed to substitute the words 18 33 "registered voter" or "registered voters" for the words 18 34 "qualified elector" or "qualified electors", as appropriate, 18 35 when there appears to be no doubt as to the intent to refer to 19 1 persons who are registered to vote. 19 2 Sec. 54. EFFECTIVE AND RETROACTIVE APPLICABILITY DATE 19 3 PROVISIONS. 19 4 1. The section of this Act which amends 1994 Iowa Acts, 19 5 chapter 1171, section 52, subsections 5 and 6, being deemed of 19 6 immediate importance, takes effect upon enactment and applies 19 7 retroactively to May 11, 1994. 19 8 2. The section of this Act which amends 1994 Iowa Acts, 19 9 chapter 1201, section 2, being deemed of immediate importance, 19 10 takes effect upon enactment. 19 11 SF 87 19 12 lh/cc/26
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