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PAG LIN 1 1 Section 1. Section 10A.104, subsection 9, Code Supplement 1 2 1995, is amended to read as follows: 1 3 9. Administer and enforce this chapter, and chapters 99B, 1 4 135B, 135C, 135G, 135H, 135J, 137A, 137B, 137C, 137D, and 1 5 137E. 1 6 Sec. 2. Section 56.14, Code Supplement 1995, is amended to 1 7 read as follows: 1 8 56.14 POLITICAL MATERIAL –SOLICITATIONS –YARD SIGNS. 1 9 1. a. A person who causes the publication or distribution 1 10 of published material designed to promote or defeat the 1 11 nomination or election of a candidate for public office or the 1 12 passage of a constitutional amendment or public measure shall 1 13 include conspicuously on the published material the identity 1 14 and address of the person responsible for the material. If 1 15 the person responsible is an organization, the name of one 1 16 officer of the organization shall appear on the material. 1 17 However, if the organization is a committee which has filed a 1 18 statement of organization under this chapter, only the name of 1 19 the committee is required to be included on the published 1 20 material. Published material designed to promote or defeat 1 21 the nomination or election of a candidate for public office or 1 22 the passage of a constitutional amendment or public measure 1 23 which contains language or depictions which a reasonable 1 24 person would understand as asserting that an entity which is 1 25 incorporated or is a registered committee had authored the 1 26 material shall, if the entity is not incorporated or a 1 27 registered committee, include conspicuously on the published 1 28 material a statement that the apparent organization or 1 29 committee is not incorporated or a registered committee in 1 30 addition to thedisclaimerattribution statement required by 1 31 this section. For purposes of this section, "registered 1 32 committee" means a committee which has an active statement of 1 33 organization filed under section 56.5. 1 342.b. Thissectionsubsection does not apply to the 1 35 editorials or news articles of a newspaper or magazine which 2 1 are not political advertisements. For the purpose of this 2 2sectionsubsection, "published material" means any newspaper, 2 3 magazine, shopper, outdoor advertising facility, poster, 2 4 direct mailing, brochure, or any other form of printed general 2 5 public political advertising; however, the identification need 2 6 not be conspicuous on posters. Thissectionsubsection does 2 7 not apply to yard signs, bumper stickers, pins, buttons, pens, 2 8 matchbooks, and similar small items upon which the inclusion 2 9 of thedisclaimerattribution statement would be impracticable 2 10 or to published material which is subject to federal 2 11 regulations regardinga disclaimeran attribution requirement. 2 12 c. This subsection shall not be construed to require the 2 13 inclusion on published material of information which discloses 2 14 the identity or address of any individual who is acting 2 15 independently and using the individual's own modest resources 2 16 to publish or distribute the material. 2 173.2. a. Yard signs shall not be placed on any property 2 18 which adjoins a city, county, or state roadway sooner than 2 19 forty-five days preceding a primary or general election and 2 20 shall be removed within seven days after the primary or 2 21 general election,in which the name of the particular 2 22 candidate or ballot issue described on the yard sign appears 2 23 on the ballot. Yard signs are subject to removal by highway 2 24 authorities as provided in section 319.13, or by county or 2 25 city law enforcement authorities in a manner consistent with 2 26 section 319.13. The placement or erection of yard signs shall 2 27 be exempt from the requirements of chapter 480. Notice may be 2 28 provided to the chairperson of the appropriate county central 2 29 committee if the highway authorities are unable to provide 2 30 notice to the candidate, candidate's committee, or political 2 31 committee regarding the yard sign. 2 324.b. Thissectionsubsection does not prohibit the 2 33 placement of yard signs on agricultural land owned by 2 34 individuals or by a family farm operation as defined in 2 35 section 9H.1, subsections 8, 8A, 9, and 10; does not prohibit 3 1 the placement of yard signs on property owned by private 3 2 individuals who have rented or leased the property to a 3 3 corporation, if the prior written permission of the property 3 4 owner is obtained; and does not prohibit the placement of yard 3 5 signs on residential property owned by a corporation but 3 6 rented or leased to a private individual if the prior 3 7 permission of the renter or lessee is obtained. For the 3 8 purposes of this chapter, "agricultural land" means 3 9 agricultural land as defined in section 9H.1. 3 105. This section shall not be construed to require the3 11inclusion on published material of information which discloses3 12the identity or address of any individual who is acting3 13independently and using the individual's own modest resources3 14to publish or distribute the material.3 15 Sec. 3. Section 85.36, subsection 9, paragraph a, Code 3 16 Supplement 1995, is amended to read as follows: 3 17 a. In computing the compensation to be allowed a volunteer 3 18 fire fighter, emergency medical care provider, reserve peace 3 19 officer, volunteer ambulance driver, volunteer emergency 3 20 rescue technician as defined in section 147A.1, or emergency 3 21 medical technician trainee, the earnings as a fire fighter, 3 22 emergency medical care provider, reserve peace officer, 3 23 volunteer ambulance driver, volunteer emergency rescue 3 24 technician, or emergency medical technician trainee shall be 3 25 disregarded and the volunteer fire fighter, emergency medical 3 26 care provider, reserve peace officer, volunteer ambulance 3 27 driver, volunteer emergency rescue technician, or emergency 3 28 medical technician trainee shall be paid an amount equal to 3 29 the compensation the volunteer fire fighter, emergency medical 3 30 care provider, reserve peace officer, volunteer ambulance 3 31 driver, volunteer emergency rescue technician, or emergency 3 32 medical technician trainee would be paid if injured in the 3 33 normal course of the volunteer fire fighter's, emergency 3 34 medical care provider's, reserve peace officer's, volunteer 3 35 ambulance driver's, volunteer emergency rescue technician's, 4 1 or emergency medical technician trainee's regular employment 4 2 or an amount equal to one hundred and forty percent of the 4 3 statewide average weekly wage, whichever is greater. 4 4 Sec. 4. Section 85.61, subsection 2, Code Supplement 1995, 4 5 is amended to read as follows: 4 6 2. "Employer" includes and applies to a person, firm, 4 7 association, or corporation, state, county, municipal 4 8 corporation, school corporation, area education agency, 4 9 township as an employer of volunteer fire fighters, volunteer 4 10 emergency rescue technicians, and emergency medical care 4 11 providers only, benefited fire district, and the legal 4 12 representatives of a deceased employer. "Employer" includes 4 13 and applies to a rehabilitation facility approved for 4 14 purchase-of-service contracts or for referrals by the 4 15 department of human services or the department of education. 4 16 Sec. 5. Section 85.61, subsection 7, unnumbered paragraph 4 17 3, Code Supplement 1995, is amended to read as follows: 4 18 Personal injuries sustained by volunteer emergency rescue 4 19 technicians or emergency medical care providers as defined in 4 20 section 147A.1 arise in the course of employment if the 4 21 injuries are sustained at any time from the time the volunteer 4 22 emergency rescue technicians or emergency medical care 4 23 providers are summoned to duty until the time those duties 4 24 have been fully discharged. 4 25 Sec. 6. Section 85.61, subsection 11, unnumbered paragraph 4 26 3, Code Supplement 1995, is amended to read as follows: 4 27 "Worker" or "employee" includes an emergency medical care 4 28 provider as defined in section 147A.1, a volunteer emergency 4 29 rescue technician as defined in section 147A.1, a volunteer 4 30 ambulance driver, or an emergency medical technician trainee, 4 31 only if an agreement is reached between such worker or 4 32 employee and the employer for whom the volunteer services are 4 33 provided that workers' compensation coverage under chapters 4 34 85, 85A, and 85B is to be provided by the employer. An 4 35 emergency medical care provider or volunteer emergency rescue 5 1 technician who is a worker or employee under this paragraph is 5 2 not a casual employee. "Volunteer ambulance driver" means a 5 3 person performing services as a volunteer ambulance driver at 5 4 the request of the person in charge of a fire department or 5 5 ambulance service of a municipality. "Emergency medical 5 6 technician trainee" means a person enrolled in and training 5 7 for emergency medical technician certification. 5 8 Sec. 7. Section 147A.26, subsection 2, Code Supplement 5 9 1995, is amended to read as follows: 5 10 2. The data collected by and furnished to the department 5 11 pursuant to this sectionshall not be public records under5 12chapter 22are confidential records of the condition, 5 13 diagnosis, care, or treatment of patients or former patients, 5 14 including outpatients, pursuant to section 22.7. The 5 15 compilations prepared for release or dissemination from the 5 16 data collectedshall be public recordsare not confidential 5 17 underchapter 22, which are not subject tosection 22.7, 5 18 subsection 2. However,the confidentiality ofinformation 5 19 which individually identifies patientsis to be protected5 20 shall not be disclosed andthe laws of thisstate and federal 5 21 law regarding patient confidentiality shall applywith regard5 22to patient confidentiality. 5 23 Sec. 8. Section 164.4, unnumbered paragraph 2, Code 1995, 5 24 is amended to read as follows: 5 25 The department shall adopt rules that are no less 5 26 restrictive than the uniform methods and rules for brucellosis 5 27 eradication promulgated by the United States department of 5 28 agriculture, APHIS 91-1, as effectiveJuly 1, 1984January 1, 5 29 1996, but may adopt rules that are more restrictive, subject 5 30 to chapter 17A. 5 31 Sec. 9. Section 229.44, subsection 2, unnumbered paragraph 5 32 1, Code 1995, is amended to read as follows: 5 33 After an order is entered pursuant to section229.34229.13 5 34 or 229.14, the court may transfer proceedings to the court of 5 35 any county having venue at any further stage in the proceeding 6 1 as follows: 6 2 Sec. 10. Section 322G.15, Code Supplement 1995, is amended 6 3 to read as follows: 6 4 322G.15 APPLICABILITY. 6 5 1. This chapter takes effect July 1, 1991, and applies to 6 6 motor vehicles originally purchased or leasedin this stateby 6 7 consumers on or afterJuly 1, 1991that date. 6 8 2.ExceptThis chapter applies to motor vehicles 6 9 originally purchased or leased in this state and, except for 6 10 section 322G.3, subsections 1 and 2, and section 322G.6, 6 11 subsection 1,this chapterapplies to motor vehicles 6 12 originally purchased or leased in other states, if the 6 13 consumer is a resident of this state at the time the 6 14 consumer's rights are asserted under this chapter.Section6 15322G.14, which concerns rulemaking, shall take effect May 9,6 161991.6 17 Sec. 11. Section 421.17A, subsection 2, Code Supplement 6 18 1995, is amended to read as follows: 6 19 2. PURPOSE AND USE. 6 20 a. Notwithstanding other statutory provisions which 6 21 provide for the execution, attachment, or levy against 6 22 accounts, the facility may utilize the process established in 6 23 thischaptersection to collect delinquent accounts, charges, 6 24 fees, loans, taxes, or other indebtedness due the state or 6 25 being collected by the state provided that any exemptions or 6 26 exceptions which specifically apply to enforcement of such 6 27 obligations also apply to this section. 6 28 b. An obligor is subject to this section if the obligor's 6 29 debt is being collected by the facility. 6 30 c. Any amount forwarded by a financial institution under 6 31 thischaptersection shall not exceed the delinquent or 6 32 accrued amount of the obligor's debt being collected by the 6 33 state. 6 34 Sec. 12. Section 444.26, Code Supplement 1995, is amended 6 35 to read as follows: 7 1 444.26 PROPERTY TAX LEVY LIMITATIONS NOT AFFECTED. 7 2 Sections 444.25,and444.25A, and 444.25B shall not be 7 3 construed as removing or otherwise affecting the property tax 7 4 limitations otherwise provided by law for any tax levy of the 7 5 political subdivision, except that, upon an appeal from the 7 6 political subdivision, the state appeal board may approve a 7 7 tax levy consistent with the provisions of section 24.48 or 7 8 331.426. 7 9 Sec. 13. Section 455B.171, subsection 28, Code Supplement 7 10 1995, is amended to read as follows: 7 11 28. "Sewer system" means pipelines or conduits, pumping 7 12 stations, force mains, vehicles, vessels, conveyances, 7 13 injection wells, and all other constructions, devices and 7 14 appliances appurtenant thereto used for conducting sewage or 7 15 industrial waste or other wastes to a point of ultimate 7 16 disposal or disposal to any water of the state. To the extent 7 17 that they are not subject to section 402 of the federal Water 7 18 Pollution Control Act, ditches, pipes, and drains that serve 7 19 only to collect, channel, direct, and convey nonpoint runoff 7 20 from precipitation are not considered as sewer systems for the 7 21 purposes of thisActpart of this division. 7 22 Sec. 14. Section 455B.174, subsection 5, unnumbered 7 23 paragraph 1, Code 1995, is amended to read as follows: 7 24 Conduct random inspections of work done by city and county 7 25 public works departments to ensure such public works 7 26 departments are complying with thisActpart of this division. 7 27 If a city or county public works department is not complying 7 28 with section 455B.183 in reviewing plans and specifications or 7 29 in granting permits or both, the department shall perform 7 30 these functions in that jurisdiction until the city or county 7 31 public works department is able to perform them. Performance 7 32 of these functions in a jurisdiction by a local public works 7 33 department shall not be suspended or revoked until after 7 34 notice and opportunity for hearing as provided in chapter 17A. 7 35 Sec. 15. Section 455B.177, subsection 1, Code 1995, is 8 1 amended to read as follows: 8 2 1. The general assembly finds and declares that because 8 3 the federal Water Pollution Control Act,provides for a permit 8 4 system to regulate the discharge of pollutants into the waters 8 5 of the United States and provides that permits may be issued 8 6 by states which are authorized to implement that Act, it is in 8 7 the interest of the people of Iowa to enact thisActpart of 8 8 this division in order to authorize the state to implement the 8 9 federal Water Pollution Control Act, and federal regulations 8 10 and guidelines issued pursuant to that Act. 8 11 Sec. 16. Section 455B.179, Code 1995, is amended to read 8 12 as follows: 8 13 455B.179 TRADE SECRETS PROTECTED. 8 14 Upon a satisfactory showing by any person to the director 8 15 that public disclosure of any record, report, permit, permit 8 16 application, or other document or information or part thereof 8 17 would divulge methods or processes entitled to protection as a 8 18 trade secret, any such record, report, permit, permit 8 19 application, or other document or part thereof other than 8 20 effluent data and analytical results of monitoring or public 8 21 water supply systems, shall be accorded confidential 8 22 treatment. Notwithstanding the provisions of chapter 22, a 8 23 person in connection with duties or employment by the 8 24 department shall not make public any information accorded 8 25 confidential status,; however, any such record or other 8 26 information accorded confidential status may be disclosed or 8 27 transmitted to other officers, employees, or authorized 8 28 representatives of this state or the United States concerned 8 29 with carrying out this part of this division or when relevant 8 30 in any proceeding under thisActpart of this division. 8 31 Sec. 17. Section 610A.1, Code Supplement 1995, is amended 8 32 to read as follows: 8 33 610A.1 ACTIONS OR APPEALS BROUGHT BY INMATES OR PRISONERS. 8 34 1. Notwithstanding section 610.1 or 822.5, if the person 8 35 bringing a civil action or appeal is an inmate of an 9 1 institution or facility under the control of the department of 9 2 corrections or a prisoner of a county or municipal jail or 9 3 detention facility, the inmate or prisoner shall pay in full 9 4 all fees and costs associated with the action or appeal. 9 5 a. Upon filing of the action or appeal, the court shall 9 6 order the inmate or prisoner to pay a minimum of twenty per- 9 7 cent of the required filing fee before the court will take any 9 8 further action on the inmate's or prisoner's action or appeal 9 9 and shall also order the inmate or prisoner to make monthly 9 10 payments of ten percent of all outstanding fees and costs 9 11 associated with the inmate's or prisoner's action or appeal. 9 12 b. If the inmate has an inmate account under section 9 13 904.702, the department of corrections shall withdraw moneys 9 14 maintained in the account for the payment of fees and costs 9 15 associated with the inmate's action or appeal in accordance 9 16 with the court's order until the required fees and costs are 9 17 paid in full. The inmate shall file a certified copy of the 9 18 inmate's account balance with the court at the time the action 9 19 or appeal is filed. 9 20 c. An inmate may authorize the department of corrections 9 21 to make or the inmate may make an initial or subsequent 9 22 payment beyond that requirement by this section. 9 23 d. The court may dismiss any civil action or appeal in 9 24 which the inmate or prisoner has previously failed to pay fees 9 25 and costs in accordance with this section. 9 26 2. The court may make the authorization provided for in 9 27 section 610.1 if it finds that the inmate does not have suf- 9 28 ficient moneys in the inmate's account or sufficient moneys 9 29 flowing into the account to make the payments required in this 9 30 section or, in the case of a prisoner of a county or municipal 9 31 jail or detention facility, that the prisoner otherwise meets 9 32 the requirements of section 610.1. 9 33 Sec. 18. Section 610A.4, Code Supplement 1995, is amended 9 34 to read as follows: 9 35 610A.4 COST SETOFF. 10 1 The state or a county or municipality shall have the right 10 2 to set off the cost of incarceration of an inmate or prisoner 10 3 at any time, following notice and hearing, against any claim 10 4 made by or monetary obligation owed to an inmate or prisoner 10 5 for whom the cost of incarceration can be calculated. 10 6 Sec. 19. Section 707A.1, subsection 1, as enacted by 1996 10 7 Iowa Acts, Senate File 2066, section 1, is amended to read as 10 8 follows: 10 9 1. "Licensed health care professional" means a physician 10 10 and surgeon,podiatristpodiatric physician, osteopath, 10 11 osteopathic physician and surgeon, physician assistant, nurse, 10 12 dentist, or pharmacist required to be licensed under chapter 10 13 147. 10 14 Sec. 20. Section 805.8, subsection 5, paragraphs c and d, 10 15 Code Supplement 1995, are amended to read as follows: 10 16 c. For violations of sections 481A.6, 481A.21, 481A.22, 10 17 481A.26, 481A.50, 481A.56, 481A.60 through 481A.62,481A.82,10 18 481A.83, 481A.84, 481A.92, 481A.123, 481A.145, subsection 3, 10 19 sections 482.7, 483A.7, 483A.8, 483A.23, and 483A.24, the 10 20 scheduled fine is twenty-five dollars. 10 21 d. For violations of sections 481A.7, 481A.24, 481A.47, 10 22 481A.52, 481A.53, 481A.55, 481A.58,481A.63,481A.76,481A.81,10 23 481A.90, 481A.91, 481A.97, 481A.122, 481A.126, 481A.142, 10 24 481A.145, subsection 2, sections 482.8, and 483A.37, the 10 25 scheduled fine is fifty dollars. 10 26 Sec. 21. Section 805.8, subsection 5, paragraph k, Code 10 27 Supplement 1995, is amended to read as follows: 10 28 k. For violations of section481A.80481A.144, subsection 10 29 4, or section 481A.145, subsections 4, 5, and 6, relating to 10 30 minnows: 10 31 (1) For general minnow violations, the scheduled fine is 10 32 twenty-five dollars. 10 33 (2) For commercial purposes, the scheduled fine is fifty 10 34 dollars. 10 35 Sec. 22. 1995 Iowa Acts, chapter 186, section 9, is 11 1 amended to read as follows: 11 2 SEC. 9. RETROACTIVE APPLICABILITY DATE.ThisSections 4 11 3 and 7 of this Actappliesapply retroactively to local option 11 4 sales and services taxes approved on or after July 1, 1994. 11 5 Statutory procedures required for local option sales and 11 6 services tax elections held on or after July 1, 1994, and 11 7 before the effective date of this Act shall be deemed to 11 8 fulfill the notice, proceedings, and election requirements 11 9 contained in section 7 of this Act. 11 10 Sec. 23. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 11 11 1. Section 22 of this Act, being deemed of immediate 11 12 importance, takes effect upon enactment and applies 11 13 retroactively to May 22, 1995. 11 14 2. The sections of this Act which amend section 85.36, 11 15 subsection 9, paragraph "a", and section 85.61, subsection 2, 11 16 subsection 7, unnumbered paragraph 3, and subsection 11, 11 17 unnumbered paragraph 3, being deemed of immediate importance, 11 18 take effect upon enactment and apply retroactively to July 1, 11 19 1995. 11 20 SF 2062 11 21 mc/cc/26
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