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PAG LIN 1 1 Section 1. Section 8D.13, subsection 12, Code Supplement 1 2 1995, is amended to read as follows: 1 3 12. The commission, on its own or as recommended by an 1 4 advisory committee of the commission and approved by the 1 5 commission, shall permit a fee to be charged by a receiving 1 6 site to the originator of the communication provided on the 1 7 network. The fee charged shall be for the purpose of 1 8 recovering the operating costs of a receiving site. The fee 1 9 charged shall be reduced by an amount received by the 1 10 receiving site pursuant to a state appropriation for such 1 11 costs, or federal assistance received for such costs. Fees 1 12 established under this subsection shall be paid by the 1 13originating siteoriginator of the communication directly to 1 14 the receiving site. For purposes of this section, "operating 1 15 costs" include the costs associated with the management or 1 16 coordination, operations, utilities, classroom, equipment, 1 17 maintenance, and other costs directly related to providing the 1 18 receiving site. 1 19 Sec. 2. Section 43.67, unnumbered paragraph 1, Code 1995, 1 20 is amended to read as follows: 1 21 Each candidate nominated pursuant to section43.6643.52 or 1 22 43.65 is entitled to have the candidate's name printed on the 1 23 official ballot to be voted at the general election without 1 24 other certificate unless the candidate was nominated by write- 1 25 in votes. Immediately after the completion of the canvass 1 26 held under section 43.49, the county auditor shall notify each 1 27 person who was nominated by write-in votes for a county or 1 28 township office that the person is required to file an 1 29 affidavit of candidacy if the person wishes to be a candidate 1 30 for that office at the general election. Immediately after 1 31 the completion of the canvass held under section 43.63, the 1 32 secretary of state shall notify each person who was nominated 1 33 by write-in votes for a state or federal office that the 1 34 person is required to file an affidavit of candidacy if the 1 35 person wishes to be a candidate for that office at the general 2 1 election. If the affidavit is not filed by five p.m. on the 2 2 seventh day after the completion of the canvass, that person's 2 3 name shall not be placed upon the official general election 2 4 ballot. The affidavit shall be signed by the candidate, 2 5 notarized, and filed with the county auditor or the secretary 2 6 of state, whichever is applicable. 2 7 Sec. 3. Section 97B.41, subsection 8, paragraph b, 2 8 subparagraph (16), Code Supplement 1995, is amended by 2 9 striking the subparagraph. 2 10 Sec. 4. Section 124.409, subsection 1, Code 1995, is 2 11 amended to read as follows: 2 12 1. Whenever a person who has not previously been convicted 2 13 of an offense under this chapter or an offense under a state 2 14 or federal statute relating to narcotic drugs or cocaine, 2 15 marijuana, or stimulant, depressant, or hallucinogenic drugs, 2 16 pleads guilty to or is found guilty of possession of a 2 17 controlled substance under section 124.401, subsection 3, or 2 18 is sentenced pursuant to section 124.410, the court, without 2 19 entering a judgment of guilt and with the consent of the 2 20 accused, may defer further proceedings and place the accused 2 21 on probation upon terms and conditions as it requires. When a 2 22 person is placed on probation under this subsection, the 2 23 person's appearance bond may be discharged at the discretion 2 24 of the court. Upon violation of a term or condition, the 2 25 court may enter an adjudication of guilt and proceed as 2 26 otherwise provided. Upon fulfillment of the terms and 2 27 conditions, the court shall discharge the person and dismiss 2 28 the proceedings against the person. Discharge and dismissal 2 29 under this section shall be without court adjudication of 2 30 guilt and is not a conviction for purposes of this section or 2 31 for purposes of disqualifications or disabilities imposed by 2 32 law upon conviction of a crime, including the additional 2 33 penalties imposed for second or subsequent convictions under 2 34 section124.410124.411. Discharge and dismissal under this 2 35 section may occur only once with respect to any person. 3 1 Sec. 5. Section 139B.1, subsection 2, paragraph b, Code 3 2 Supplement 1995, is amended to read as follows: 3 3 b. If an individual is diagnosed or confirmed as having a 3 4 contagious or infectious disease, the hospital shall notify 3 5 the designated officer of an emergency care provider service 3 6 who shall notify persons involved in attending or transporting 3 7 the individual. For blood-borne contagious or infectious 3 8 diseases, notification shall only take place upon filing of an 3 9 exposure report form with the hospital. The exposure report 3 10 form may be incorporated into the Iowa prehospital care 3 11 report, the Iowa prehospital advanced care report, or a 3 12 similar report used by an ambulance, rescue, or first 3 13responderresponse service or law enforcement agency. 3 14 Sec. 6. Section 161A.12, Code 1995, is amended to read as 3 15 follows: 3 16 161A.12 STATEMENT TO DEPARTMENT OF MANAGEMENT. 3 17 On or beforeSeptemberOctober 1 next preceding each annual 3 18 legislative session, the division shall submit to the 3 19 department of management, on official estimate blanks 3 20 furnished for those purposes, statements and estimates of the 3 21 expenditure requirements for each fiscal year, and a statement 3 22 of the balance of funds, if any, available to the division, 3 23 and the estimates of the division as to the sums needed for 3 24 the administrative and other expenses of the division for the 3 25 purposes of this chapter. 3 26 Sec. 7. Section 162.1, subsection 1, Code 1995, is amended 3 27 to read as follows: 3 28 1. To insure that all dogs and cats handled by boarding 3 29 kennels, commercial kennels,hobby kennels,commercial 3 30 breeders, dealers, and public auctions are provided with 3 31 humane care and treatment by regulating the transportation, 3 32 sale, purchase, housing, care, handling, and treatment of such 3 33 animals by persons or organizations engaged in transporting, 3 34 buying, or selling them and to provide that all vertebrate 3 35 animals consigned to pet shops are provided humane care and 4 1 treatment by regulating the transportation, sale, purchase, 4 2 housing, care, handling, and treatment of such animals by pet 4 3 shops. 4 4 Sec. 8. Section 169A.13, Code Supplement 1995, is amended 4 5 to read as follows: 4 6 169A.13 FEE EACH FIFTH YEAR. 4 7 Each owner of a brand of record beginning on January 1, 4 8 1970, shall pay to the secretary a fee of five dollars and a 4 9 renewal fee on January 1 of each fifth year after the payment 4 10 of the five dollar fee, or on January 1 of each fifth year 4 11 following the original recording of a brand recorded after 4 12 June 30, 1975. The amount of the renewal fee required for 4 13 January 1, 1976, and each year thereafter shall be established 4 14 by rule of the secretary pursuant to chapter 17A. The amount 4 15 of the fee shall be based upon the administrative costs of 4 16 maintaining the brand program provided for in this chapter. 4 17 The secretary shall notify every owner of a brand of record at 4 18 least thirty days prior to the date of the renewal period. If 4 19 the owner of a brand of record does not pay the fee by July 1 4 20 of each year in which it is due, the owner shall forfeit the 4 21 brand and the brand shall no longer be recorded. A forfeited 4 22 brand shall not be issued to any other person for fiveor more4 23 years following date of forfeiture. 4 24 Sec. 9. Section 229.27, subsection 1, Code 1995, is 4 25 amended to read as follows: 4 26 1. Hospitalization of a person under this chapter, either 4 27 voluntarily or involuntarily, does not constitute a finding of 4 28 nor equate with nor raise a presumption of incompetency, nor 4 29 cause the person so hospitalized to be deemed a person of 4 30 unsound mind nor a person under legal disability for any 4 31 purpose including but not limited to any circumstances to 4 32 which sections 6B.15, 447.7, 487.402, subsection 5, paragraph 4 33 "b", sections 487.705, 597.6, 600B.21, 614.8, 614.19, 614.22, 4 34 614.24, 614.27,622.6,and 633.244 are applicable. 4 35 Sec. 10. Section 232.88, Code Supplement 1995, is amended 5 1 to read as follows: 5 2 232.88 SUMMONS, NOTICE, SUBPOENAS AND SERVICES. 5 3 After a petition has been filed the court shall issue and 5 4 serve summons, notice, subpoenas, and other process in the 5 5 same manner as for adjudicatory hearings in cases of juvenile 5 6 delinquency as provided in section 232.37. In addition to the 5 7partiespersons required to be provided notice under section 5 8 232.37, notice for any hearing under this division shall be 5 9 provided to the agency, facility, institution, or person, 5 10 including a foster parent, with whom a child has been placed 5 11 for the purposes of foster care. 5 12 Sec. 11. Section 232.148, subsection 2, Code Supplement 5 13 1995, is amended to read as follows: 5 14 2. Fingerprints and photographs of a child who has been 5 15 taken into custody and who is fourteen years of age or older 5 16 may be taken and filed by a criminal or juvenile justice 5 17 agency investigating the commission of a public offense other 5 18 than a simple or serious misdemeanor. The criminal or 5 19 juvenile justice agency shall forward the fingerprints to the 5 20 department of public safety for inclusion in the automated 5 21 fingerprint identification system and may also retain a copy 5 22 of the fingerprint card for comparison with latent 5 23 fingerprints and the identification of repeat offenders. 5 24 Sec. 12. Section 236.3, subsection 2, Code Supplement 5 25 1995, is amended to read as follows: 5 26 2.If the petition is being filed on behalf of an5 27unemancipated minor, the nameName and address of the parent 5 28 or guardian filing the petitionand the parent's or guardian's5 29address, if the petition is being filed on behalf of an 5 30 unemancipated minor. For the purposes of this chapter, 5 31 "plaintiff" includes a person filing an action on behalf of an 5 32 unemancipated minor. 5 33 Sec. 13. Section 236.9, unnumbered paragraph 1, Code 1995, 5 34 is amended to read as follows: 5 35 Criminal or juvenile justice agencies, as defined in 6 1 section 692.1, shall collect and maintain information on 6 2 incidents involving domestic abuse and shall provide the 6 3 information to the department of public safety in the manner 6 4 prescribed by the department of public safety. 6 5 Sec. 14. Section 238.1, subsection 2, Code 1995, is 6 6 amended by striking the subsection. 6 7 Sec. 15. Section 252I.1, subsection 2, Code 1995, is 6 8 amended to read as follows: 6 9 2. "Bank" means "bank", "insured bank","private bank",6 10 and "state bank" as defined in section 524.103. 6 11 Sec. 16. Section 260D.12, Code Supplement 1995, is amended 6 12 to read as follows: 6 13 260D.12 PAYMENT OF APPROPRIATION. 6 14 Payment of appropriations for distribution under this 6 15 chapter or chapter 260C, or of appropriations made in lieu of 6 16 such appropriations, shall be made by the department of 6 17 revenue and finance in monthly installments due on or about 6 18 the fifteenth day of each month of a budget year, and 6 19 installments shall be as nearly equal as possible, as 6 20 determined by the department of revenue and finance, taking 6 21 into consideration the relative budget and cash position of 6 22 the state resources. 6 23 Sec. 17. Section 294A.13, Code 1995, is amended to read as 6 24 follows: 6 25 294A.13 PHASE III PROGRAM. 6 26 For the school year beginning July 1, 1987, and succeeding 6 27 school years, each school district and area education agency 6 28 that meets the requirements of thissectiondivision is 6 29 eligible to receive moneys for the implementation under phase 6 30 III of a performance-based pay plan or supplemental pay plan, 6 31 or a combination of the two. 6 32 Sec. 18. Section 303.33, unnumbered paragraph 1, Code 6 33 Supplement 1995, is amended to read as follows: 6 34 Two years after the establishment of a district, a 6 35 referendum for the termination of the district shall be held 7 1 if ten percent of the eligible voters in the district so 7 2 request. If the registered voters, by a majority of those 7 3 voting, favor termination,this Actsections 303.20 through 7 4 303.32 will no longer have any effect on the property formerly 7 5 included in the district. 7 6 Sec. 19. Section 321.19, subsection 2, unnumbered 7 7 paragraph 3, Code Supplement 1995, is amended to read as 7 8 follows: 7 9Section 452A.3 and chapterChapter 326areis not 7 10 applicable to urban transit companies or systems. 7 11 Sec. 20. Section 321.213A, Code Supplement 1995, is 7 12 amended to read as follows: 7 13 321.213A LICENSE SUSPENSION FOR JUVENILES ADJUDICATED 7 14 DELINQUENT FOR CERTAIN DRUG OR ALCOHOL OFFENSES. 7 15 Upon the entering of an order at the conclusion of a 7 16 dispositional hearing under section 232.50, where the child 7 17 has been adjudicated to have committed a delinquent act, which 7 18 would be a first or subsequent violation of section 123.46, 7 19 section 123.47 involving the purchase or attempt to purchase 7 20 alcoholic beverages, chapter 124, section 126.3, chapter 453B, 7 21 or a second or subsequent violation of section 123.47 7 22 regarding the possession of alcoholic beverages, the clerk of 7 23 the juvenile court in the dispositional hearing shall forward 7 24 a copy of the adjudication and dispositional order to the 7 25 department. The department shall suspend the license or 7 26 operating privilege of the child for one year. The child may 7 27 receive a temporary restricted license or permit as provided 7 28 in section 321.215. 7 29 Sec. 21. Section 321.423, subsection 1, paragraph c, Code 7 30 Supplement 1995, is amended to read as follows: 7 31 c. "Member" means a person who is a member in good 7 32 standing of a fire department or a person who is an emergency 7 33 medical care provider employed by an ambulance, rescue, or 7 34 firstresponderresponse service. 7 35 Sec. 22. Section 321.423, subsection 4, Code Supplement 8 1 1995, is amended to read as follows: 8 2 4. EXPIRATION OF AUTHORITY. The authorization shall 8 3 expire at midnight on the thirty-first day of December five 8 4 years from the year in which it was issued, or when the 8 5 vehicle is no longer owned by the member, or when the member 8 6 has ceased to be an active member of the fire department or of 8 7 an ambulance, rescue, or firstresponderresponse service, or 8 8 when the member has used the blue or white light beyond the 8 9 scope of its authorized use. A person issued an authorization 8 10 under subsection 3, paragraph "b", shall return the 8 11 authorization to the fire chief upon expiration or upon a 8 12 determination by the fire chief or the department that the 8 13 authorization should be revoked. 8 14 Sec. 23. Section 321.423, subsection 7, paragraphs a and 8 15 b, Code Supplement 1995, are amended to read as follows: 8 16 a. On a vehicle owned or exclusively operated by an 8 17 ambulance, rescue, or firstresponderresponse service. 8 18 b. On a vehicle authorized by the director of public 8 19 health when all of the following apply: 8 20 (1) The vehicle is owned by a member of an ambulance, 8 21 rescue, or firstresponderresponse service. 8 22 (2) The request for authorization is made by the member on 8 23 forms provided by the Iowa department of public health. 8 24 (3) Necessity for authorization is demonstrated in the 8 25 request. 8 26 (4) The head of an ambulance, rescue, or firstresponder8 27 response service certifies that the member is in good standing 8 28 and recommends that the authorization be granted. 8 29 Sec. 24. Section 321.484, unnumbered paragraph 2, Code 8 30 Supplement 1995, is amended to read as follows: 8 31 The owner of a vehicle shall not be held responsible for a 8 32 violation of a provision regulating the stopping, standing, or 8 33 parking of a vehicle, whether the provision is contained in 8 34 this chapter, or chapter 321L, or an ordinance or other 8 35 regulation or rule, if the owner establishes that at the time 9 1 of the violation the vehicle was in the custody of an 9 2 identified person other than the owner pursuant to a lease as 9 3 defined in chapter 321F. The furnishing to the clerk of the 9 4 district court where the charge is pending of a copy of the 9 5 lease prescribed by section 321F.6 that was in effect for the 9 6 vehicle at the time of the alleged violation shall be prima 9 7 facie evidence that the vehicle was in the custody of an 9 8 identified person other than the owner within the meaning of 9 9 this paragraph, and the charge against the owner shall be 9 10 dismissed. The clerk of the district court then shall cause a 9 11 uniform citation and complaint to be issued against the lessee 9 12 of the vehicle, and the citation shall be served upon the 9 13 defendant by ordinary mail directed to the defendant at the 9 14 address shown in thecertificate of responsibilitylease. 9 15 Sec. 25. Section 321.492A, Code 1995, is amended to read 9 16 as follows: 9 17 321.492A QUOTAS ON CITATIONS PROHIBITED. 9 18 A political subdivision or agency of the state shall not 9 19 order, mandate, require, or in any other manner, directly or 9 20 indirectly, suggest to a peace officer employed by the 9 21 political subdivision or agency that the peace officer shall 9 22 issue a certain number of traffic citations, police citations, 9 23 memorandums of traffic violations, or memorandums of faulty 9 24 equipment on a daily, weekly, monthly, quarterly, or yearly 9 25 basis. 9 26 Sec. 26. Section 321.560, Code Supplement 1995, is amended 9 27 to read as follows: 9 28 321.560 PERIOD OF REVOCATION. 9 29 A license to operate a motor vehicle in this state shall 9 30 not be issued to any person declared to be a habitual offender 9 31 under section 321.555, subsection 1, for a period of not less 9 32 than two years nor more than six years from the date of the 9 33 final decision of the department under section 17A.19 or the 9 34 date on which the district court upholds the final decision of 9 35 the department, whichever occurs later. However, a temporary 10 1 restrictedlicensepermit may be issued to a person declared 10 2 to be a habitual offender under section 321.555, subsection 1, 10 3 paragraph "c", pursuant to section 321.215, subsection 2. A 10 4 license to operate a motor vehicle in this state shall not be 10 5 issued to any person declared to be a habitual offender under 10 6 section 321.555, subsection 2, for a period of one year from 10 7 the date of the final decision of the department under section 10 8 17A.19 or the date on which the district court upholds the 10 9 final decision of the department, whichever occurs later. The 10 10 department shall adopt rules under chapter 17A which establish 10 11 a point system which shall be used to determine the period for 10 12 which a person who is declared to be a habitual offender under 10 13 section 321.555, subsection 1, shall not be issued a license. 10 14 Sec. 27. Section 321.561, Code Supplement 1995, is amended 10 15 to read as follows: 10 16 321.561 PUNISHMENT FOR VIOLATION. 10 17 It shall be unlawful for any person found to be a habitual 10 18 offender to operate any motor vehicle in this state during the 10 19 period of time specified in section 321.560 except for a 10 20 habitual offender who has been granted a temporary restricted 10 21licensepermit pursuant to section 321.215, subsection 2. A 10 22 person violating this section commits an aggravated 10 23 misdemeanor. 10 24 Sec. 28. Section 323.1, subsection 4, Code Supplement 10 25 1995, is amended to read as follows: 10 26 4. "Distributor" meansa persondistributor as defined in 10 27chapter 452Asection 452A.2. 10 28 Sec. 29. Section 331.602, subsection 10, Code Supplement 10 29 1995, is amended to read as follows: 10 30 10. Carry out duties relating to the issuance of hunting, 10 31 fishing, andtrappingfur harvester licenses as provided in 10 32 sections 483A.10, 483A.12, 483A.13, 483A.14, 483A.15 and 10 33 483A.22. 10 34 Sec. 30. Section 331.605, subsection 2, unnumbered 10 35 paragraph 1, Code 1995, is amended to read as follows: 11 1 For issuance of hunting, fishing andtrappingfur harvester 11 2 licenses: 11 3 Sec. 31. Section 331.756, subsection 69, Code Supplement 11 4 1995, is amended by striking the subsection. 11 5 Sec. 32. Section 358C.13, subsection 5, Code Supplement 11 6 1995, is amended to read as follows: 11 7 5. The board of trustees shall not require or grant a 11 8 franchiseunder section 364.2,to any person pursuant to 11 9 section 364.2, subsection 4. 11 10 Sec. 33. Section 358C.17, subsection 1, Code Supplement 11 11 1995, is amended to read as follows: 11 12 1. The board of trustees of a real estate improvement 11 13 district may provide for payment of all or any portion of the 11 14 costs of a public improvement specified in section 358C.4, by 11 15 assessing all, or any portion of, the costs on adjacent 11 16 property according to the benefits derived. For the purposes 11 17 of this chapter, the board of trustees may define "adjacent 11 18 property" as all that included within a designated benefited 11 19 district to be fixed by the board, which may be all of the 11 20 property located within the real estate improvement district 11 21 or any lesser portion of that property. It is not a valid 11 22 objection to a special assessment that the improvement for 11 23 which the assessment is levied is outside the limits of the 11 24 district, but a special assessment shall not be made upon 11 25 property situated outside of the district. Special 11 26 assessments pursuant to this section shall be in proportion to 11 27 the special benefits conferred upon the property, and not in 11 28 excess of the benefits. The value of a property is the 11 29 present fair market value of the property with the proposed 11 30 public improvements completed. Payment of installments of a 11 31 special assessment against property shall be made in the same 11 32 manner and under the same procedures as provided in chapter 11 33 384 for special assessments by cities. Notwithstanding the 11 34 provisions of section 384.62, the combined assessments against 11 35 any lot for public improvements included in the petition 12 1 creating thehousing developmentreal estate improvement 12 2 district or as authorized in section 358C.4 shall not exceed 12 3 the valuation of that lot as established by section 384.46. 12 4 Sec. 34. Section 421.17A, subsection 1, paragraph b, Code 12 5 Supplement 1995, is amended to read as follows: 12 6 b. "Bank" means "bank", "insured bank","private bank",12 7 and "state bank" as these are defined in section 524.103. 12 8 Sec. 35. Section 421.31, subsection 9, Code Supplement 12 9 1995, is amended to read as follows: 12 10 9. INTEREST OF THE PERMANENT SCHOOL FUND. To transfer the 12 11 interest of the permanent school fund to the credit of the 12 12first in the nation in education foundation as provided in12 13section 257B.1Ainterest for Iowa schools fund. 12 14 Sec. 36. Section 422.45, subsection 47, Code Supplement 12 15 1995, is amended by striking the subsection. 12 16 Sec. 37. Section 422.69, subsection 3, Code 1995, is 12 17 amended by striking the subsection. 12 18 Sec. 38. Section 426B.1, subsection 1, Code Supplement 12 19 1995, is amended to read as follows: 12 20 1. A property tax relief fund is created in the state 12 21 treasury under the authority of the department of revenue and 12 22 finance. The fund shall be separate from the general fund of 12 23 the state and shall not be considered part of the general fund 12 24 of the state except in determining the cash position of the 12 25 state for payment of state obligations. The moneys in the 12 26 fund are not subject to the provisions of section 8.33 and 12 27 shall not be transferred, used, obligated, appropriated, or 12 28 otherwise encumbered except as provided in thissection12 29 chapter. Moneys in the fund may be used for cash flow 12 30 purposes, provided that any moneys so allocated are returned 12 31 to the fund by the end of each fiscal year. However, the fund 12 32 shall be considered a special account for the purposes of 12 33 section 8.53, relating to elimination of any GAAP deficit. 12 34 For the purposes of this chapter, unless the context otherwise 12 35 requires, "property tax relief fund" means the property tax 13 1 relief fund created in this section. 13 2 Sec. 39. Section 427.1, subsection 4, Code Supplement 13 3 1995, is amended to read as follows: 13 4 4. FIREEQUIPMENTCOMPANY BUILDINGS AND GROUNDS.Fire13 5engines and all implements for extinguishing fires, and the13 6 The publicly owned buildings and grounds used exclusively for 13 7 keepingthemfire engines and implements for extinguishing 13 8 fires and for meetings of fire companies. 13 9 Sec. 40. Section 441.21, subsection 9, paragraph b, Code 13 10 Supplement 1995, is amended to read as follows: 13 11 b. Notwithstanding paragraph "a", any construction or 13 12 installation of a solar energy system on propertyso13 13 classified as agricultural, residential, commercial, or 13 14 industrial property shall not increase the actual, assessed 13 15 and taxable values of the property for five full assessment 13 16 years. 13 17 Sec. 41. Section 444.25, subsection 4, paragraph b, 13 18 subparagraph (3), Code 1995, is amended to read as follows: 13 19 (3) Need for additional moneys for health care, treatment 13 20 and facilities, including mental health and mental retardation 13 21 care and treatment pursuant to section 331.424, subsection 1, 13 22 paragraphs "a" through "h", Code 1995. 13 23 Sec. 42. Section 450.94, subsections 6 and 7, Code 1995, 13 24 are amended by striking the subsections. 13 25 Sec. 43. Section 452A.3, subsection 3, Code Supplement 13 26 1995, is amended to read as follows: 13 27 3. For the privilege of operating motor vehicles or 13 28 aircraft in this state, there is imposed an excise tax on the 13 29 use of special fuel in a motor vehicle or aircraft. The tax 13 30 rate on special fuel for diesel engines of motor vehicles is 13 31 twenty-two and one-half cents per gallon. The rate of tax on 13 32 special fuel for aircraft is three cents per gallon. On all 13 33 other special fuel the per gallon rate is the same as the 13 34 motor fuel tax. Indelible dye meeting United States 13 35 environmental protection agency and internal revenue service 14 1 regulations must be added to fuel before or upon withdrawal at 14 2 a terminal or refinery rack for that fuel to be exempt from 14 3 tax and the dyed fuel may be used only for an exempt purpose. 14 4 Sec. 44. Section 452A.57, subsections 5 and 10, Code 14 5 Supplement 1995, are amended to read as follows: 14 6 5. "Fuel taxes" means the per gallon excise taxes imposed 14 7 underdivision Idivisions I and III of this chapter with 14 8 respect to motor fuel and undyed special fuel. 14 9 10. "Public highways" shall mean and include any way or 14 10 place available to the public for purposes of vehicular travel 14 11 notwithstanding that it is temporarily closed. 14 12 Sec. 45. Section 452A.71, Code Supplement 1995, is amended 14 13 to read as follows: 14 14 452A.71 REFUNDS TO PERSONS OTHER THAN DISTRIBUTORS AND 14 15 COMPRESSED NATURAL GAS AND LIQUEFIED PETROLEUM GAS DEALERS AND 14 16 USERS. 14 17 Except as provided in section 452A.54, any person other 14 18 than a person who has paid or has had charged to the person's 14 19 account with a distributor, dealer, or user fuel taxes imposed 14 20 under this chapter with respect to motor fuel or undyed 14 21 special fuel in excess of one hundred gallons, which, while 14 22 the person is the owner, is subsequently lost or destroyed,14 23while the person is the owner,through leakage, fire, 14 24 explosion, lightning, flood, storm, or other casualty, except 14 25 evaporation, shrinkage, or unknown causes,the personshall be 14 26 entitled to a refund of the tax so paid or charged. To 14 27 qualify for the refund, the person shall notify the department 14 28 of revenue and finance in writing of the loss or destruction 14 29 and the gallonage lost or destroyed within ten days from the 14 30 date of discovery of the loss or destruction. Within sixty 14 31 days after filing the notice, the person shall file with the 14 32 department of revenue and finance an affidavit sworn to by the 14 33 person having immediate custody of the motor fuel or undyed 14 34 special fuel at the time of the loss or destruction setting 14 35 forth in full the circumstances and amount of the loss or 15 1 destruction and such other information as the department of 15 2 revenue and finance may require. Any refund payable under 15 3 this section may be applied by the department against any tax 15 4 liability outstanding on the books of the department against 15 5 the claimant. 15 6 Sec. 46. Section 483A.19, Code 1995, is amended to read as 15 7 follows: 15 8 483A.19 SHOWING LICENSE TO OFFICER. 15 9 Every person shall, while fishing, hunting, ortrappingfur 15 10 harvesting, show the person's license, certificate, or permit, 15 11 to any peace officer or the owner or person in lawful control 15 12 of the land or water upon which licensee may be hunting, 15 13 fishing, ortrappingfur harvesting when requested bysaidthe 15 14 persons to do so. Any failure to so carry or refusal to show 15 15 or so exhibit the person's license, certificate or permit, 15 16 shall be a violation of this chapter. 15 17 Sec. 47. Section 483A.20, Code 1995, is amended to read as 15 18 follows: 15 19 483A.20 RECIPROCITY. 15 20 Licenses for bait dealers or for fishing, hunting, or 15 21trappingfur harvesting shall not be issued to residents of 15 22 states that do not sell similar licenses or certificates to 15 23 residents of Iowa. However, the licensing of nonresident bait 15 24 dealers who sell at wholesale to licensed dealers in Iowa for 15 25 resale is permitted. 15 26 Sec. 48. Section 513C.4, subsection 2, Code Supplement 15 27 1995, is amended to read as follows: 15 28 2. An affiliated carrier that is a health maintenance 15 29 organization having a certificate of authority under section 15 30513C.5514B.5 shall be considered to be a separate carrier for 15 31 the purposes of this chapter. 15 32 Sec. 49. Section 523I.1, subsection 4, Code Supplement 15 33 1995, is amended to read as follows: 15 34 4. "Interment rights" means a right of use conveyed by 15 35 contract or property ownership to inter humanrightsremains 16 1 in a columbarium, grave, mausoleum, lawn crypt, or undeveloped 16 2 space. 16 3 Sec. 50. Section 524.306, subsection 2, Code Supplement 16 4 1995, is amended to read as follows: 16 5 2. The secretary of state's acknowledgement of filing of 16 6 the articles of incorporation is conclusive proof that the 16 7 incorporators satisfied all conditions precedent to 16 8 incorporation, except in a proceeding instituted by the 16 9 superintendent to cancel or revoke the incorporation or 16 10 involuntarily dissolve the corporation. 16 11 Sec. 51. Section 524.1415, subsection 1, Code Supplement 16 12 1995, is amended to read as follows: 16 13 1. The conversion is effective upon the filing of the 16 14 articles of conversion with the secretary of state, or at any 16 15 later date and time as specified in the articles of 16 16 conversion. Thecertificate of conversionacknowledgement of 16 17 filing is conclusive evidence of the performance of all 16 18 conditions required by this chapter for conversion of a 16 19 national bank into a state bank, except as against the state. 16 20 Sec. 52. Section 554.9401, subsection 6, Code Supplement 16 21 1995, is amended to read as follows: 16 22 6. Of each fee collected by the county recorder under 16 23 sections570A.4,554.9403, 554.9405, and 554.9406, the county 16 24 recorder shall remit five dollars, if filed on a standard form 16 25 or six dollars otherwise, to the department of revenue and 16 26 finance for deposit in the general fund of the state. 16 27 Sec. 53. Section 561.19, Code Supplement 1995, is amended 16 28 to read as follows: 16 29 561.19 EXEMPTION IN HANDS OF ISSUE. 16 30 Where the homestead descends to the issue of either spouse 16 31 theissuehomestead shall be held exempt from any antecedent 16 32 debts of the issue's parents or antecedent debts of the issue, 16 33 except those of the owner of the homestead contracted prior to 16 34 acquisition of the homestead or those created under section 16 35 249A.5 relating to the recovery of medical assistance 17 1 payments. 17 2 Sec. 54. Section 566A.15, Code Supplement 1995, is amended 17 3 to read as follows: 17 4 566A.15 CEMETERY FUND. 17 5 A special revenue fund is created in the state treasury, 17 6 under the control of the commissioner, to be known as the 17 7 insurance division cemetery fund. Commencing July 1, 1995, 17 8filing fees received pursuant to section 566A.2C andone 17 9 dollar from the audit fee for each deed reported on the annual 17 10 report required by section 566A.2D, executed during the 17 11 preceding fiscal year, shall be deposited in the insurance 17 12 division cemetery fund by the commissioner. However, if the 17 13 balance of the fund on July 1 of any year exceeds two hundred 17 14 thousand dollars, the allocation to the fund shall not be 17 15 made, and the total sum of the fees paid pursuant to section 17 16 566A.2D shall be deposited in the general fund of the state. 17 17 Notwithstanding section 8.33, moneys in the fund shall not 17 18 revert to the general fund but shall remain in the cemetery 17 19 fund. Moneys in the cemetery fund are appropriated to the 17 20 insurance division and, subject to authorization by the 17 21 commissioner, may be used to pay the expenses of that office 17 22 incurred in the administration of the audit, investigative, 17 23 and enforcement duties and obligations imposed under this 17 24 chapter, and the expenses of receiverships established 17 25 pursuant to section 566A.12. 17 26 Sec. 55. Section 602.1304, subsection 2, paragraph b, Code 17 27 Supplement 1995, is amended to read as follows: 17 28 b. For each fiscal year, a judicial collection estimate 17 29 for that fiscal year shall be equally and proportionally 17 30 divided into a quarterly amount. The judicial collection 17 31 estimate shall be calculated by using the state revenue 17 32 estimating conference estimate made by December 15 pursuant to 17 33 section 8.22A, subsection 3, of the total amount of fines, 17 34 fees, civil penalties, costs, surcharges, and other revenues 17 35 collected by judicial officers and court employees for deposit 18 1 into the general fund of the state. The revenue estimating 18 2 conference estimate shall be reduced by the maximum amounts 18 3 allocated to the Iowa prison infrastructure fund pursuant to 18 4 section 602.8108A, and the court technology and modernization 18 5 fund pursuant to section 602.8108, and the remainder shall be 18 6 the judicial collection estimate. In each quarter of a fiscal 18 7 year, after revenues collected by judicial officers and court 18 8 employees equal to that quarterly amount are deposited into 18 9 the general fund of the state and after the required amount is 18 10 deposited during the quarter into the Iowa prison 18 11 infrastructure fund pursuant to section 602.8108A and into the 18 12 court technology and modernization fund pursuant to section 18 13 602.8108, the director of revenue and finance shall deposit 18 14 the remaining revenues for that quarter into the enhanced 18 15 court collections fund in lieu of the general fund. However, 18 16 after total deposits into the collections fund for the fiscal 18 17 year are equal to the maximum deposit amount established for 18 18 the collections fund, remaining revenues for that fiscal year 18 19 shall be deposited into the general fund. If the revenue 18 20 estimating conference agrees to a different estimate at a 18 21 later meeting which projects a lesser amount of revenue than 18 22 the initial estimate amount used to calculate the judicial 18 23 collection estimate, the director of revenue and finance shall 18 24 recalculate the judicial collection estimate accordingly. If 18 25 the revenue estimating conference agrees to a different 18 26 estimate at a later meeting which projects a greater amount of 18 27 revenue than the initial estimate amount used to calculate the 18 28 judicial collection estimate, the director of revenue and 18 29 finance shall recalculate the judicial collection estimate 18 30 accordingly but only to the extent that the greater amount is 18 31 due to an increase in the fines, fees, civil penalties, costs, 18 32 surcharges, or other revenues allowed by law to be collected 18 33 by judicial officers and court employees. 18 34 Sec. 56. Section 692.12, Code Supplement 1995, is amended 18 35 to read as follows: 19 1 692.12 DATA PROCESSING. 19 2 Nothing in this chapter shall preclude the use of the 19 3 equipment and hardware of the data processing service center 19 4 for the storage and retrieval of criminal history data. Files 19 5 shall be stored on the computer in such a mannerasthat the 19 6 files cannot be modified, destroyed, accessed, changed, or 19 7 overlaid in any fashion bynoncriminal or juvenile justice19 8agencyterminals or personnel not belonging to a criminal or 19 9 juvenile justice agency. That portion of any computer, 19 10 electronic switch or manual terminal having access to criminal 19 11 history data stored in the state computer must be under the 19 12 management control of a criminal or juvenile justice agency. 19 13 Sec. 57. Section 692.21, Code Supplement 1995, is amended 19 14 to read as follows: 19 15 692.21 DATA TO AGENCY MAKING ARREST OR TAKING JUVENILE 19 16 INTO CUSTODY. 19 17 The clerk of the district court shall forward conviction 19 18 and disposition data to the criminal or juvenile justice 19 19 agency making the arrest or taking a juvenile into custody 19 20 within thirty days of final court disposition of the case. 19 21 Sec. 58. Section 692A.1, subsection 2, Code Supplement 19 22 1995, is amended to read as follows: 19 23 2. "Criminal or juvenile justice agency" means an agency 19 24 or department of any level of government or an entity wholly 19 25 owned, financed, or controlled by one or more such agencies or 19 26 departments which performs as its principal function the 19 27 apprehension, prosecution, adjudication, incarceration, or 19 28 rehabilitation of criminal or juvenile offenders. 19 29 Sec. 59. Section 692A.10, subsection 4, Code Supplement 19 30 1995, is amended to read as follows: 19 31 4. Adopt rules under chapter 17A, as necessary, to ensure 19 32 compliance with registration and verification requirements of 19 33 this chapter, to provide guidelines for persons required to 19 34 assist in obtaining registry information, and to provide a 19 35 procedure for the dissemination of information contained in 20 1 the registry. The procedure for the dissemination of 20 2 information shall include, but not be limited to, practical 20 3 guidelines for use by criminal or juvenile justice agencies in 20 4 determining when public release of information contained in 20 5 the registry is appropriate and a requirement that if a member 20 6 of the general public requests information regarding a 20 7 specific individual in the manner provided in section 692A.13, 20 8 subsection 6, the information shall be released. The 20 9 department, in developing the procedure, shall consult with 20 10 associations which represent the interests of law enforcement 20 11 officers. Rules adopted shall also include a procedure for 20 12 removal of information from the registry upon the reversal or 20 13 setting aside of a conviction of a person who is registered 20 14 under this chapter. 20 15 Sec. 60. Section 692A.13, subsections 1, 3, and 5, Code 20 16 Supplement 1995, are amended to read as follows: 20 17 1. The department or a sheriff may disclose information to 20 18 criminal or juvenile justice agencies for law enforcement or 20 19 prosecution purposes. 20 20 3. The department or a criminal or juvenile justice agency 20 21 with case-specific authorization from the department may 20 22 release relevant information from the registry regarding a 20 23 criminal offense against a minor, sexual exploitation, or a 20 24 sexually violent offense, that is necessary to protect the 20 25 public concerning a specific person who is required to 20 26 register under this chapter. 20 27 5. Criminal historyinformationdata contained in the 20 28 registry may be released as provided in chapter 692 or used by 20 29 criminal or juvenile justice agencies as an index for purposes 20 30 of locating a relevant conviction record. 20 31 Sec. 61. Section 692A.15, Code Supplement 1995, is amended 20 32 to read as follows: 20 33 692A.15 IMMUNITY FOR GOOD FAITH CONDUCT. 20 34 Criminal or juvenile justice agencies, officials, and 20 35 employees of criminal or juvenile justice agencies and state 21 1 agencies and their employees shall be immune from liability 21 2 for acts or omissions arising from a good faith effort to 21 3 comply with this chapter. 21 4 Sec. 62. Section 708.3A, Code Supplement 1995, is amended 21 5 to read as follows: 21 6 708.3A ASSAULTS ON PEACE OFFICERS, FIRE FIGHTERS, AND 21 7 EMERGENCY CARE PROVIDERS. 21 8 1. A person who commits an assault, as defined in section 21 9 708.1, against a peace officer,basic emergency medical care21 10provider under chapter 147, an advancedemergency medical care 21 11 provider under chapter 147A, or fire fighter, whether paid or 21 12 volunteer, with the knowledge that the person against whom the 21 13 assault is committed is a peace officer,basic emergency21 14medical care provider under chapter 147, an advancedemergency 21 15 medical care provider under chapter 147A, or fire fighter and 21 16 the intent to inflict a serious injury upon the peace officer, 21 17basic emergency medical care provider under chapter 147, an21 18advancedemergency medical care provider under chapter 147A, 21 19 or fire fighter, is guilty of a class "D" felony. 21 20 2. A person who commits an assault, as defined in section 21 21 708.1, against a peace officer,basic emergency medical care21 22provider under chapter 147, an advancedemergency medical care 21 23 provider under chapter 147A, or fire fighter, whether paid or 21 24 volunteer, who knows that the person against whom the assault 21 25 is committed is a peace officer,basic emergency medical care21 26provider under chapter 147, an advancedemergency medical care 21 27 provider under chapter 147A, or fire fighter and who uses or 21 28 displays a dangerous weapon in connection with the assault, is 21 29 guilty of a class "D" felony. 21 30 3. A person who commits an assault, as defined in section 21 31 708.1, against a peace officer,basic emergency medical care21 32provider under chapter 147, an advancedemergency medical care 21 33 provider under chapter 147A, or fire fighter, whether paid or 21 34 volunteer, who knows that the person against whom the assault 21 35 is committed is a peace officer,basic emergency medical care22 1provider under chapter 147, an advancedemergency medical care 22 2 provider under chapter 147A, or fire fighter, and who causes 22 3 bodily injury or disabling mental illness, is guilty of an 22 4 aggravated misdemeanor. 22 5 4. Any other assault, as defined in section 708.1, 22 6 committed against a peace officer,basic emergency medical22 7care provider under chapter 147, an advancedemergency medical 22 8 care provider under chapter 147A, or fire fighter, whether 22 9 paid or volunteer, by a person who knows that the person 22 10 against whom the assault is committed is a peace officer, 22 11basic emergency medical care provider under chapter 147, an22 12advancedemergency medical care provider under chapter 147A, 22 13 or fire fighter, is a serious misdemeanor. 22 14 Sec. 63. Section 719.1, subsection 1, Code Supplement 22 15 1995, is amended to read as follows: 22 16 1. A person who knowingly resists or obstructs anyone 22 17 known by the person to be a peace officer,basic emergency22 18medical care provider under chapter 147, an advancedemergency 22 19 medical care provider under chapter 147A, or fire fighter, 22 20 whether paid or volunteer, in the performance of any act which 22 21 is within the scope of the lawful duty or authority of that 22 22 officer,basic emergency medical care provider under chapter22 23147, an advancedemergency medical care provider under chapter 22 24 147A, or fire fighter, whether paid or volunteer, or who 22 25 knowingly resists or obstructs the service or execution by any 22 26 authorized person of any civil or criminal process or order of 22 27 any court, commits a serious misdemeanor. However, if a 22 28 person commits an interference with official acts, as defined 22 29 in this subsection, and in so doing inflicts bodily injury 22 30 other than serious injury, that person commits an aggravated 22 31 misdemeanor. If a person commits an interference with 22 32 official acts, as defined in this subsection, and in so doing 22 33 inflicts or attempts to inflict serious injury, or displays a 22 34 dangerous weapon, as defined in section 702.7, or is armed 22 35 with a firearm, that person commits a class "D" felony. 23 1 Sec. 64. Section 727.11, subsection 2, paragraph a, Code 23 2 1995, is amended to read as follows: 23 3 a. To a criminal or juvenile justice agency only pursuant 23 4 to an investigation of a particular person or organization 23 5 suspected of committing a known crime. The information shall 23 6 be released only upon a judicial determination that a rational 23 7 connection exists between the requested release of information 23 8 and a legitimate end and that the need for the information is 23 9 cogent and compelling. 23 10 Sec. 65. Section 805.5, Code Supplement 1995, is amended 23 11 to read as follows: 23 12 805.5 FAILURE TO APPEAR. 23 13 Any person who willfully fails to appear in court as 23 14 specified by the citation shall be guilty of a simple 23 15 misdemeanor. Where a defendant fails to make a required court 23 16 appearance, the court shall issue an arrest warrant for the 23 17 offense of failure to appear, and shall forward the warrant 23 18 and the original or electronically produced citation to the 23 19 clerk. The clerk shall enter a transfer to the issuing agency 23 20 on the docket, and shall return the warrant with the original 23 21 or electronically produced citation attached to the law 23 22 enforcement agency which issued theoriginal or electronically23 23producedcitation for enforcement of the warrant. Upon arrest 23 24 of the defendant, the warrant and the original or 23 25 electronically produced citation shall be returned to the 23 26 court, and the offenses shall be heard and disposed of 23 27 simultaneously. 23 28 Sec. 66. Section 909.10, subsection 2, Code 1995, is 23 29 amended to read as follows: 23 30 2. Notwithstanding the disposition sections of sections 23 31 602.8106 and911.3602.8108, subsection 3, upon the collection 23 32 of delinquent amounts, the clerks of the district court shall 23 33 remit the delinquent amounts to the treasurer of state for 23 34 deposit into the revolving fund established pursuant to 23 35 section 602.1302, to be used for the payment of jury and 24 1 witness fees and mileage. 24 2 Sec. 67. Section 910A.9A, subsection 1, Code Supplement 24 3 1995, is amended to read as follows: 24 4 1. The date on which the juvenile or sexually violent 24 5 predator is expected to be temporarily released from the 24 6 custody of the department of human services, and whether the 24 7 juvenile or sexually violent predator is expected to return to 24 8 the community where the registered victim resides. 24 9 Sec. 68. AMENDMENTS CHANGING TERMINOLOGY REGARDING 24 10 PODIATRIC PHYSICIANS. Sections 135B.7, 148.2, 148A.3, 149.2, 24 11 150.3, 150A.2, 157.2, 158.2, 455B.333, 514.1, 514.5, 514.8, 24 12 and 514.17, Code 1995, are amended by striking from the 24 13 sections the word "podiatrists" and inserting in lieu thereof 24 14 the words "podiatric physicians". 24 15 Sec. 69. 1995 Iowa Acts, chapter 215, section 34, is 24 16 amended to read as follows: 24 17 SEC. 34. EFFECTIVE DATE. Sections 3 through 10, sections 24 18 17 through 25,sectionssection 27,and 28,section 29, 24 19 subsection 2, and sections 30, 31, and 33, being deemed of 24 20 immediate importance, take effect upon enactment. Sections 1 24 21 and 2, sections 11 through 14, and section 29, subsection 1, 24 22 are effective July 1, 1995. Section 28 is effective January 24 23 1, 1996. Sections 15 and 26 of this Act, being deemed of 24 24 immediate importance, take effect upon enactment. 24 25 Sec. 70. REPEALS. 24 26 1. Sections 260C.24 and 303.18, Code Supplement 1995, are 24 27 repealed. 24 28 2. Sections 422.47A, 422.47B, and 422.47C, Code 1995, are 24 29 repealed. 24 30 Sec. 71. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 24 31 Section 69 of this Act, amending 1995 Iowa Acts, chapter 215, 24 32 section 34, being deemed of immediate importance, takes effect 24 33 upon enactment and applies retroactively to May 24, 1995. 24 34 SF 2080 24 35 mc/cc/26
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