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PAG LIN 1 1 Section 1. Section 17A.8, subsection 9, Code 1995, is 1 2 amended to read as follows: 1 3 9. Upon a vote of two-thirds of its members, the 1 4 administrative rules review committee may delay the effective 1 5 date of a rule until the adjournment of the next regular 1 6 session of the general assembly. The committee shall refer a 1 7 rule whose effective date has been delayed to the speaker of 1 8 the house of representatives and the president of the senate 1 9 who shall refer the rule to the appropriate standing 1 10 committees of the general assembly. If the general assembly 1 11 has not disapproved of the rule by a joint resolution, the 1 12 rule shall become effective. The speaker of the house of 1 13 representatives and the president of the senate shall notify 1 14 the administrative code editor of the final disposition of 1 15 each rule delayed pursuant to this subsection. If a rule is 1 16 disapproved, it shall not become effective and the agency 1 17 shallwithdrawrescind the rule. This section shall not apply 1 18 to rules made effective under section 17A.5, subsection 2, 1 19 paragraph "b". 1 20 Sec. 2. Section 99F.7, subsection 10, Code 1995, is 1 21 amended to read as follows: 1 22 10. a. A license to conduct gambling games on an 1 23 excursion gambling boat in a county shall be issued only if 1 24 the county electorate approves the conduct of the gambling 1 25 games as provided in this subsection. The board of 1 26 supervisors, upon receipt of a valid petition meeting the 1 27 requirements of section 331.306, shall direct the commissioner 1 28 of elections to submit to thequalified electorsregistered 1 29 voters of the county a proposition to approve or disapprove 1 30 the conduct of gambling games on an excursion gambling boat in 1 31 the county. The proposition shall be submitted at a general 1 32 election or at a special election called for that purpose. To 1 33 be submitted at a general election, the petition must be 1 34 received by the board of supervisors at least five working 1 35 days before the last day for candidates for county offices to 2 1 file nomination papers for the general election pursuant to 2 2 section 44.4. If a majority of the county voters voting on 2 3 the proposition favor the conduct of gambling games, the 2 4 commission may issue one or more licenses as provided in this 2 5 chapter. If a majority of the county voters voting on the 2 6 proposition do not favor the conduct of gambling games, a 2 7 license to conduct gambling games in the county shall not be 2 8 issued. After a referendum has been held, another referendum 2 9 requested by petition shall not be held for at least two 2 10 years. 2 11 b. If licenses to conduct gambling games and to operate an 2 12 excursion gambling boat are in effect pursuant to a referendum 2 13 as set forth in this section and are subsequently disapproved 2 14 by a referendum of the county electorate, the licenses issued 2 15 by the commission after a referendum approving gambling games 2 16 on excursion gambling boats shall remain valid and are subject 2 17 to renewal for a total of nine years from the date of original 2 18 issue unless the commission revokes a license at an earlier 2 19 date as provided in this chapter. 2 20 c. If, after January 1, 1994, section 99F.4, subsection 4,2 21or 99F.9, subsection 2, is amended or stricken, including any2 22amending or striking by 1994 Iowa Acts, chapter 1021, ora 2 23 licensee of a pari-mutuel racetrack who held a valid license 2 24 issued under chapter 99D as of January 1, 1994, requests a 2 25 license to operate gambling games as provided in this chapter, 2 26 the board of supervisors of a countyin which excursion boat2 27gambling has been approved orin which the licensee of a pari- 2 28 mutuel racetrack requests a license to operate gambling games 2 29 shall submit to the county electorate a proposition to approve 2 30 or disapprovethe conduct of gambling games on excursion2 31gambling boats orthe operation of gambling games at pari- 2 32 mutuel racetracks at a special election at the earliest 2 33 practicable time.If excursion boat gambling is not approved2 34by a majority of the county electorate voting on the2 35proposition at the election, paragraph "b" does not apply to3 1the licenses and the commission shall cancel the licenses3 2issued for the county within sixty days of the unfavorable3 3referendum.If the operation of gambling games at the pari- 3 4 mutuel racetrack is not approved by a majority of the county 3 5 electorate voting on the proposition at the election, the 3 6 commission shall not issue a license to operate gambling games 3 7 at the racetrack. 3 8 d. If the proposition to operate gambling games on an 3 9 excursion gambling boat or at a racetrack enclosure is 3 10 approved by a majority of the county electorate voting on the 3 11 proposition, the board of supervisors shall submit the same 3 12 proposition to the county electorate at the general election 3 13 held in 2002 and, unless the operation of gambling games is 3 14notterminated earlier as provided in this chapter or chapter 3 15 99D, at the general election held at each subsequent eight- 3 16 year interval. 3 17 Sec. 3. Section 235A.19, subsection 5, Code 1995, is 3 18 amended to read as follows: 3 19 5. Whenever the registry corrects or eliminates 3 20 information as requested or as ordered by the court, the 3 21 registry shall advise all persons who have received the 3 22 incorrect information of such fact. Upon application to the 3 23 court and service of notice on the registry, anyindividual3 24 subject of a child abuse report may request and obtain a list 3 25 of all persons who have received child abuse information 3 26 referring to theindividualsubject. 3 27 Sec. 4. Section 256.3, unnumbered paragraph 1, Code 1995, 3 28 is amended to read as follows: 3 29 The state board of education is established for the 3 30 department. The state board consists of nine members 3 31 appointed by the governor subject to senate confirmation. The 3 32 members shall bequalified electorsregistered voters of the 3 33 state and hold no other elective or appointive state office. 3 34 A member shall not be engaged in professional education for a 3 35 major portion of the member's time nor shall the member derive 4 1 a major portion of income from any business or activity 4 2 connected with education. Not more than five members shall be 4 3 of the same political party. 4 4 Sec. 5. Section 275.12, subsection 1, Code 1995, is 4 5 amended to read as follows: 4 6 1. A petition describing the boundaries, or accurately 4 7 describing the area included therein by legal descriptions, of 4 8 the proposed district, which boundaries or area described 4 9 shall conform to plans developed or the petition shall request 4 10 change of the plan, shall be filed with the area education 4 11 agency administrator of the area education agency in which the 4 12 greatest number ofqualified electorsregistered voters 4 13 reside. However, the area education agency administrator 4 14 shall not accept a petition if any of the school districts 4 15 affected have approved the issuance of general obligation 4 16 bonds at an election pursuant to section 296.6 during the 4 17 preceding six-month period. The petition shall be signed by 4 18qualified electorsregistered voters in each existing school 4 19 district or portion affected equal in number to at least 4 20 twenty percent of the number ofqualified electorsregistered 4 21 voters or four hundredqualified electorsregistered voters, 4 22 whichever is the smaller number. 4 23 Sec. 6. Section 275.27, Code 1995, is amended to read as 4 24 follows: 4 25 275.27 COMMUNITY SCHOOL DISTRICTS &endash; PART OF AREA 4 26 EDUCATION AGENCY. 4 27 School districts created or enlarged under this chapter are 4 28 community school districts and are part of the area education 4 29 agency in which the greatest number ofqualified electors4 30 registered voters of the district reside at the time of the 4 31 special election called for in section 275.18, and sections of 4 32 the Code applicable to the common schools generally are 4 33 applicable to these districts in addition to the powers and 4 34 privileges conferred by this chapter. If a school district, 4 35 created or enlarged under this chapter and assigned to an area 5 1 education agency under this section, can demonstrate that 5 2 students in the district were utilizing a service or program 5 3 prior to the formation of the new or enlarged district that is 5 4 unavailable from the area education agency to which the new or 5 5 enlarged district is assigned, the district may be reassigned 5 6 to the area education agency which formerly provided the 5 7 service or program, upon an affirmative majority vote of the 5 8 boards of the affected area education agencies to permit the 5 9 change. 5 10 Sec. 7. Section 275.51, unnumbered paragraph 1, Code 1995, 5 11 is amended to read as follows: 5 12 As an alternative to school district reorganization 5 13 prescribed in this chapter, the board of directors of a school 5 14 district may establish a school district dissolution 5 15 commission to prepare a proposal of dissolution of the school 5 16 district and attachment of all of the school district to one 5 17 or more contiguous school districts and to include in the 5 18 proposal a division of the assets and liabilities of the 5 19 dissolving school district. A school district dissolution 5 20 commission shall be established by the board of directors of a 5 21 school district if a dissolution proposal has been prepared by 5 22qualified electorsregistered voters who reside within the 5 23 district. The proposal must contain the names of the proposed 5 24 members of the commission and be accompanied by a petition 5 25 which has been signed by at least twenty percent of the 5 26qualified electorsregistered voters. 5 27 Sec. 8. Section 331.508, subsection 3, Code 1995, is 5 28 amended to read as follows: 5 29 3.EstrayLost property book as provided insection5 30169B.30chapter 556F. 5 31 Sec. 9. Section 331.756, Code 1995, is amended by adding 5 32 the following new subsection: 5 33 NEW SUBSECTION. 23. Represent the state fire marshal in 5 34 legal proceedings as provided in section 100.20. 5 35 Sec. 10. Section 347.16, subsection 2, Code 1995, is 6 1 amended to read as follows: 6 2 2. Free care and treatment shall be furnished in a county 6 3 public hospital to any sick or injured person who fulfills the 6 4 residency requirements under section 47.4, subsection 1, 6 5 paragraph "d", Code 1993, in the county maintaining the 6 6 hospital, and who is indigent. The board of hospital trustees 6 7 shall determine whether a person is indigent and entitled to 6 8 free care under this subsection, or may delegate that 6 9 determination to the general assistance director or the office 6 10 of the department of human services in that county, subject to 6 11 guidelines the board may adopt in conformity with applicable 6 12 statutes. 6 13 Sec. 11. Section 384.84, subsection 4, Code 1995, is 6 14 amended to read as follows: 6 15 4. A lien shall not be imposed pursuant to this section 6 16 for a delinquent charge of less than five dollars. The 6 17 governing body of the city utility or enterprise may charge up 6 18 to five dollars, and the county treasurer may charge up totwo6 19 five dollars, as an administrative expense of certifying and 6 20 filing this lien, which amounts shall be added to the amount 6 21 of the lien to be collected at the time of payment of the 6 22 assessment from the payor. Administrative expenses collected 6 23 by the county treasurer on behalf of the city utility or 6 24 enterprise shall be paid to the governing body of the city 6 25 utility or enterprise, and those collected by the county 6 26 treasurer on behalf of the county shall be credited to the 6 27 county general fund. The lien has equal precedence with 6 28 ordinary taxes, may be certified to the county treasurer and 6 29 collected in the same manner as taxes, and is not divested by 6 30 a judicial sale. 6 31 Sec. 12. Section 421.1, unnumbered paragraph 2, Code 1995, 6 32 is amended to read as follows: 6 33 The members of the state board shall bequalified electors6 34 registered voters of the state and shall hold no other 6 35 elective or appointive public office. 7 1 Sec. 13. Section 479.33, Code 1995, is amended to read as 7 2 follows: 7 3 479.33 AUTHORIZED FEDERAL AID. 7 4 The board may enter into agreements with and receive moneys 7 5 from the United States department of transportation for the 7 6 inspection of pipelines to determine compliance with 7 7 applicable standards of pipeline safety, and for enforcement 7 8 of the applicable standards of pipeline safety as provided by 7 9Public Law 90-481, the Natural Gas Pipeline Safety Act of 19687 10(49 United States Code 1671&endash;1684)Pub. L. No. 103-272, as 7 11 codified in 49 U.S.C. } 60101&endash;60125. 7 12 Sec. 14. Section 479A.18, Code 1995, is amended to read as 7 13 follows: 7 14 479A.18 FEDERAL INSPECTION. 7 15 The board may enter into agreements with and receive moneys 7 16 from the United States department of transportation for the 7 17 inspection of pipelines to determine compliance with the 7 18 applicable standards of pipeline safety as provided by Pub. L. 7 19 No.90-481, the Natural Gas Pipeline Safety Act of 1968, 497 20U.S.C. } 1671&endash;1684103-272, as codified in 49 U.S.C. } 7 21 60101&endash;60125. 7 22 Sec. 15. Section 548.101, subsection 1, paragraph a, Code 7 23 1995, is amended to read as follows: 7 24 a. The use of the mark has been discontinued with intent 7 25 not to resume such use. Intent not to resume may be inferred 7 26 from circumstances. Nonuse for two consecutive years shall 7 27 constitute prima facie evidence of abandonment. 7 28 Sec. 16. Section 554.4109, subsection 2, Code 1995, is 7 29 amended to read as follows: 7 30 2. Delay by a collecting bank or payor bank beyond time 7 31 limits prescribed or permitted by this chapter or by 7 32 instructions is excused if (i) the delay is caused by 7 33 interruption of communication or computer facilities, 7 34 suspension of payments by another bank, war, emergency 7 35 conditions, failure of equipment, or other circumstances 8 1 beyond the control of the bank, and (ii) the bank exercises 8 2 such diligence as the circumstances require. 8 3 Sec. 17. Section 554.4215, Code 1995, is amended by adding 8 4 the following new subsection: 8 5 NEW SUBSECTION. 2. If provisional settlement for an item 8 6 does not become final, the item is not finally paid. 8 7 Sec. 18. Section 556F.2, Code 1995, is amended to read as 8 8 follows: 8 9 556F.2 WARRANT &endash; APPRAISAL &endash; RETURN &endash; RECORD. 8 10 Thesaiddistrict judge, district associate judge, judicial 8 11 magistrate, or district court clerk shall thereupon issue a 8 12 warrant, directed to some peace officer, commanding the peace 8 13 officer to summon three respectable householders of the 8 14 neighborhood, who shall proceed without delay to examine and 8 15 appraisesuchthe property, including cargo, tackle, rigging, 8 16 and other appendages ifany there beapplicable, and tomake8 17report thereof under their handssubmit a report regarding the 8 18 examination and appraisal to the magistrate, judge, or clerk 8 19 issuingsuchthe warrant, who shall transmit a certified copy 8 20thereofto the county auditor to be recorded inthe estraya 8 21 lost property book in the auditor's office. 8 22 Sec. 19. Section 556F.7, Code 1995, is amended to read as 8 23 follows: 8 24 556F.7 WHEN OWNER UNKNOWN. 8 25 If the ownerbeis unknown,such personthe finder shall, 8 26 within five days aftersuchfinding the property, takesuch8 27 the money, bank notes, and a description of any other property 8 28 before the county auditor of the county where the property was 8 29 found, andmakeprovide an affidavitof the description8 30thereofdescribing the property, the time when and place where 8 31 thesameproperty was found, and attesting that no alteration 8 32 has been made in the appearancethereofof the property since 8 33 the finding; whereupon the. The county auditor shall enter a 8 34 description of the property and the value thereof, as nearly 8 35 as the auditor can determine it, in the auditor'sestraylost 9 1 property book, together with the affidavit of the finder. 9 2 Sec. 20. Section 556F.16, Code 1995, is amended to read as 9 3 follows: 9 4 556F.16 RESPONSIBILITY OF TAKER-UP. 9 5 If the taker-up of any watercraft, logs, or lumber, or 9 6 finder of lost goods, bank notes, or other things,shall take9 7 takes reasonable care of thesameproperty, and any 9 8 unavoidable accident happenstheretoto the property without 9 9 the fault or neglect of the finder or taker-up before the 9 10 ownershall havehas an opportunity of reclaiming thesame9 11 property,suchthe taker-up or finder shall not be accountable 9 12thereforfor the unavoidable accident, ifin cases of accident9 13as aforesaid the finder or taker-upwithin ten daysthereafter9 14shall certifyof the accident, the finder or taker-up 9 15 certifies thesameaccident to the county auditor, who shall 9 16 make an entrythereofof the accident in the auditor'sestray9 17 lost property book. 9 18 Sec. 21. Section 600A.5, subsection 3, paragraph c, Code 9 19 1995, is amended to read as follows: 9 20 c. A plain statement of the facts and grounds in section 9 21 600A.8, subsections1 to 41, 2, 3, 4, and 7, which indicate 9 22 that the parent-child relationship should be terminated. 9 23 Sec. 22. Section 615.3, Code 1995, is amended to read as 9 24 follows: 9 25 615.3 FUTURE JUDGMENTS WITHOUT FORECLOSURE. 9 26 A judgment hereafter rendered on a promissory obligation 9 27 secured by a mortgage, deed of trustof, or real estate 9 28 contract upon property which at the time of the judgment is 9 29 either used for an agricultural purpose as defined in section 9 30 535.13 or a one-family or two-family dwelling which is the 9 31 residence of the mortgagor, but without foreclosure against 9 32 the security, shall not be subject to renewal by action 9 33 thereon, and, after the lapse of two years from the date of 9 34 rendition, shall be without force and effect for any purpose 9 35 whatsoever except as a setoff or counterclaim. As used in 10 1 this section, "mortgagor" means a mortgagor of a mortgage or a 10 2 borrower executing a deed of trust as provided in chapter 654 10 3 or the vendee of a real estate contract. 10 4 Sec. 23. Section 631.1, subsection 5, Code 1995, is 10 5 amended to read as follows: 10 6 5. The district court sitting in small claims has 10 7 concurrent jurisdiction of an action for abandonment of a 10 8 mobile home or personal property pursuant to section 555B.3, 10 9 if no money judgment in excess oftwofour thousand dollars is 10 10 sought for actions commenced on or after July 1, 1995. If 10 11 commenced under this chapter, the action is a small claim for 10 12 the purposes of this chapter. 10 13 Sec. 24. Section 716B.3, Code 1995, is amended to read as 10 14 follows: 10 15 716B.3 UNLAWFUL TRANSPORTATION OF HAZARDOUS WASTE &endash; 10 16 PENALTIES. 10 17 A person who knowingly or with reason to know, transports 10 18 or causes to be transported any hazardous waste to any loca- 10 19 tion other than a facility that is authorized to receive, 10 20 treat, store, or dispose of the hazardous waste under rules 10 21 adopted pursuant to the federal Resource Conservation and 10 22 Recovery Act, 42 U.S.C. }9601-96756901&endash;6992, is guilty of 10 23 an aggravated misdemeanor and upon conviction shall be 10 24 punished by a fine of not more than twenty-five thousand 10 25 dollars for each day of violation or imprisonment for not more 10 26 than two years, or both. If the conviction is for a violation 10 27 committed after a first conviction under this section, the 10 28 person is guilty of a class "D" felony and shall be punished 10 29 by a fine of not more than fifty thousand dollars for each day 10 30 of violation or imprisonment for not more than five years, or 10 31 both. 10 32 Sec. 25. Section 717B.3, subsection 3, Code 1995, is 10 33 amended to read as follows: 10 34 3. A person who negligently or intentionally commits the 10 35 offense of animal neglect is guilty of a simple misdemeanor. 11 1 A person who intentionally commits the offense of animalabuse11 2 neglect which results in serious injury to or the death of an 11 3 animal is guilty of a serious misdemeanor. 11 4 Sec. 26. Section 729.1, Code 1995, is amended to read as 11 5 follows: 11 6 729.1 RELIGIOUS TEST. 11 7 Any violation of section 4, Article I of the Constitution 11 8 of Iowa is hereby declared to be aserioussimple misdemeanor 11 9 unless a greater penalty is otherwise provided by law. 11 10 Sec. 27. Section 729.3, Code 1995, is amended to read as 11 11 follows: 11 12 729.3 PENALTY. 11 13 Any person, agency, bureau, corporation, or association 11 14 that violates provisions ofsections 729.1 andsection 729.2 11 15 shall be guilty of a simple misdemeanor. 11 16 Sec. 28. JURISDICTIONAL AMOUNT REVERSION. The 11 17 jurisdictional amount in the section of this Act which amends 11 18 section 631.1, subsection 5, shall revert to two thousand 11 19 dollars if a court of competent jurisdiction declares the four 11 20 thousand dollar amount unconstitutional. 11 21 SF 88 11 22 lh/cc/26
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