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PAG LIN 1 1 Section 1. Section 2B.13, subsection 4, Code 1995, is 1 2 amended to read as follows: 1 3 4. The Iowa Code editor shall seek direction from the 1 4 senate committee on judiciary and the house committee on 1 5 judiciaryand law enforcementwhen making Iowa Code or Code 1 6 Supplement changes, and the administrative code editor shall 1 7 seek direction from the administrative rules review committee 1 8 and the administrative rules coordinator when making Iowa 1 9 administrative code changes, which appear to require 1 10 substantial editing and which might otherwise be interpreted 1 11 to exceed the scope of the authority granted in this section. 1 12 Sec. 2. Section 10A.104, subsection 8, Code 1995, is 1 13 amended to read as follows: 1 14 8. Establish by rule standards and procedures for 1 15 certifying that targeted small businesses are eligible to 1 16 participate in the procurement set-aside programand that1 17small businesses are eligible to participate in the1 18construction procurement set-aside programestablished in 1 19 sections 73.15 through 73.21. The procedure for determination 1 20 of eligibility shall not include self-certification by a 1 21 business. Rules and guidelines adopted pursuant to this 1 22 subsection are subject to review and approval by the director 1 23 of the department of management. The director shall maintain 1 24 a current directory of targeted small businesses which have 1 25 been certified pursuant to this subsection. 1 26 Sec. 3. Section 13B.8, subsection 1, unnumbered paragraph 1 27 2, Code 1995, is amended to read as follows: 1 28 Before establishing or abolishing a local public defender 1 29 office, the state public defender shall provide a written 1 30 report detailing the reasons for the action to be taken to the 1 31 regulation appropriations subcommittee, the chairperson, vice 1 32 chairperson, and ranking member of the senate committee on 1 33 judiciary and committee on appropriations, and the 1 34 chairperson, vice chairperson, and ranking member of the house 1 35 of representatives committee on judiciaryand law enforcement2 1 and committee on appropriations. The report shall contain a 2 2 statement of the estimated fiscal impact of the action taken. 2 3 Any action taken in establishing or abolishing a local public 2 4 defender office shall only take effect upon the approval of 2 5 the general assembly. If the state public defender proposes 2 6 to abolish a local public defender office prior to the 2 7 beginning of any regular session of the general assembly and 2 8 the general assembly takes no action regarding that proposal 2 9 during the first ninety days of the first regular session 2 10 occurring after the proposal is made, the office shall be 2 11 abolished. 2 12 Sec. 4. Section 15.308, subsection 2, paragraph h, Code 2 13 1995, is amended to read as follows: 2 14 h.Establish aThe new jobs and income program. 2 15 Sec. 5. Section 15E.120, subsection 5, Code 1995, is 2 16 amended to read as follows: 2 17 5. Loan repayments received by the Iowa department of 2 18 economic development shall be deposited into a special account 2 19 to be used at its discretion as matching funds to attract 2 20 financial assistance from and to participate in programs with 2 21 national rural development and finance corporations or as 2 22 provided in subsection 6. Funds in this special account shall 2 23 not revert to the state general fund at the end of any fiscal 2 24 year. If the programs for which the funds in the special 2 25 account are to be used are terminated or expire, the funds in 2 26 the special account and funds that would be repaid, if any, to 2 27 the special account shall be transferred or repaid to the 2 28 community economic betterment account of theIowa plan fund2 29for economic development as established in section 99E.312 30 strategic investment fund established in section 15.313. 2 31 Sec. 6. Section 35A.2, subsection 1, Code 1995, is amended 2 32 to read as follows: 2 33 1. A commission of veterans affairs is created consisting 2 34 of seven persons who shall be appointed by the governor, 2 35 subject to confirmation by the senate. Members shall be 3 1 appointed to staggered terms of four years beginning and 3 2 ending as provided in section 69.19. The governor shall fill 3 3 a vacancy for the unexpired portion of the term. 3 4 Sec. 7. Section 48A.14, subsection 3, Code 1995, is 3 5 amended to read as follows: 3 6 3. A challenge shall contain a statement signed by the 3 7 challenger in substantially the following form: "I swear or 3 8 affirm that information contained on this challenge is true. 3 9 I understand that knowingly filing a challenge containing 3 10 false information isa seriousan aggravated misdemeanor." 3 11 Sec. 8. Section 50.16, unnumbered paragraph 2, Code 1995, 3 12 is amended to read as follows: 3 13 At an election at ..... in ..... township, or in ..... 3 14 precinct of ..... city or township, in ..... county, state of 3 15 Iowa, on the ... day of .....,A.D..., there were .. ballots 3 16 cast for the office of ..... of which 3 17 A ..... B ..... had .. votes. 3 18 C ..... D ..... had .. votes. 3 19 (and in the same manner for any other officer). 3 20 A true tally list: 3 21 L ..... M ..... Election Board 3 22 N ..... O ..... Members. 3 23 P ..... Q ..... 3 24 Attest: 3 25 R ..... S ..... Designated 3 26 T ..... U ..... Tally Keepers. 3 27 Sec. 9. Section 50.29, unnumbered paragraph 2, Code 1995, 3 28 is amended to read as follows: 3 29 At an election held in said county on the .. day of ...., 3 30A.D... A .... B .... was elected to the office of .... for 3 31 the term of .. years from the .. day of ....,A.D... (or if 3 32 elected to fill a vacancy, for the residue of the term ending 3 33 on the .. day of ....,A.D...), and until a successor is 3 34 elected and qualified. 3 35 C...... D......, 4 1 President of Board of Canvassers. 4 2 Witness, E...... F......, 4 3 County Commissioner of Elections 4 4 (clerk) 4 5 Sec. 10. Section 53.37, subsection 5, Code 1995, is 4 6 amended to read as follows: 4 7 5. Citizens of the United States who do not fall under any 4 8 of the categories described in subsections 1 to 4, but who are 4 9 entitled to register and vote pursuant to section47.4,4 10subsection 348A.5, subsection 4. 4 11 Sec. 11. Section 53.39, Code 1995, is amended to read as 4 12 follows: 4 13 53.39 REQUEST FOR BALLOT &endash; WHEN AVAILABLE. 4 14 Section 53.2 does not apply in the case of aregistered4 15 qualified voter of the state of Iowa serving in the armed 4 16 forces of the United States. In any such case an application 4 17 for ballot as provided for in that section is not required and 4 18 an absent voter's ballot shall be sent or made available to 4 19 any suchregisteredqualified voter upon a request as provided 4 20 in this division. 4 21 All official ballots to be voted by qualified absent voters 4 22 in the armed forces of the United States at the primary 4 23 election and the general election shall be printed prior to 4 24 forty days before the respective elections and shall be 4 25 available for transmittal to suchregisteredqualified voters 4 26 in the armed forces of the United States at least forty days 4 27 before the respective elections. The provisions of this 4 28 chapter apply to absent voting by qualified voters in the 4 29 armed forces of the United States except as modified by the 4 30 provisions of this division. 4 31 Sec. 12. Section 56.14, Code 1995, is amended to read as 4 32 follows: 4 33 56.14 POLITICAL ADVERTISEMENTS &endash; YARD SIGNS. 4 34 1. A person who causes the publication or distribution of 4 35 published material designed to promote or defeat the 5 1 nomination or election of a candidate for public office or the 5 2 passage of a constitutional amendment or public measure shall 5 3 include conspicuously on the published material the identity 5 4 and address of the person responsible for the material. If 5 5 the person responsible is an organization, the name of one 5 6 officer of the organization shall appear on the material. 5 7 However, if the organization is a committee which has filed a 5 8 statement of organization under this chapter, only the name of 5 9 the committee is required to be included on the published 5 10 material. Thissectionsubsection does not apply to the 5 11 editorials or news articles of a newspaper or magazine which 5 12 are not political advertisements. For the purpose of this 5 13sectionsubsection, "published material" means any newspaper, 5 14 magazine, shopper, outdoor advertising facility, poster, 5 15 direct mailing, brochure, or any other form of printed general 5 16 public political advertising; however, the identification need 5 17 not be conspicuous on posters. Thissectionsubsection does 5 18 not apply to yard signs, bumper stickers, pins, buttons, pens, 5 19 matchbooks, and similar small items upon which the inclusion 5 20 of the disclaimer would be impracticable or to published 5 21 material which is subject to federal regulations regarding a 5 22 disclaimer requirement. 5 23 2. Yard signs shall not be placed on any property which 5 24 adjoins a city, county, or state roadway sooner than forty- 5 25 five days preceding a primary or general election and shall be 5 26 removed within seven days after the primary or general 5 27 election, in which the name of the particular candidate or 5 28 ballot issue described on the yard sign appears on the ballot. 5 29 Yard signs are subject to removal by highway authorities as 5 30 provided in section 319.13. The placement or erection of yard 5 31 signs shall be exempt from the requirements of chapter 480. 5 32 Notice may be provided to the chairperson of the appropriate 5 33 county central committee if the highway authorities are unable 5 34 to provide notice to the candidate, candidate's committee, or 5 35 political committee regarding the yard sign. Thissection6 1 subsection does not prohibit the placement of yard signs on 6 2 agricultural land owned by individuals or by a family farm 6 3 operation as defined in section 9H.1, subsections 8, 8A, 9, 6 4 and 10; does not prohibit the placement of yard signs on 6 5 property owned by private individuals who have rented or 6 6 leased the property to a corporation, if the prior written 6 7 permission of the property owner is obtained; and does not 6 8 prohibit the placement of yard signs on residential property 6 9 owned by a corporation but rented or leased to a private 6 10 individual if the prior permission of the renter or lessee is 6 11 obtained. For the purposes of this chapter, "agricultural 6 12 land" means agricultural land as defined in section 9H.1. 6 13 Sec. 13. Section 135.107, subsection 1, unnumbered 6 14 paragraph 2, Code 1995, is amended to read as follows: 6 15 The advisory committee shall regularly meet with the 6 16 administrative head of the center as well as the director of 6 17 the center for agricultural health and safety established 6 18 under section 262.78. The head of theofficecenter and the 6 19 director of the center for agricultural health and safety 6 20 shall consult with the advisory committee and provide the 6 21 committee with relevant information regarding their agencies. 6 22 Sec. 14. Section 135C.2, subsection 5, paragraph g, Code 6 23 1995, is amended to read as follows: 6 24 g. The facilities licensed under this subsection shall be 6 25 eligible for funding utilized by other licensed residential 6 26 care facilities for the mentally retarded, or licensed 6 27 residential care facilities for the mentally ill, including 6 28 but not limited to funding under or from the federal social 6 29 services block grant, the state supplementary assistance 6 30 program, state mental health andmental retardation6 31 developmental disabilities services funds, and county funding 6 32 provisions. 6 33 Sec. 15. Section 144.12A, subsection 5, paragraph c, Code 6 34 1995, is amended to read as follows: 6 35 c. Revocationshall be deemed a nullitynullifies the 7 1 registration and the information provided by the registrant 7 2 shall be expunged. 7 3 Sec. 16. Section 163.47, Code 1995, is amended to read as 7 4 follows: 7 5 163.47 EXEMPTIONS. 7 6 The provisions of this division shall not apply to 4-H or 7 7 Future Farmers of America organizations engaged in breeding 7 8 programs, the sale of semen collected before January 1, 1978. 7 9 Sec. 17. Section 192.124, Code 1995, is amended to read as 7 10 follows: 7 11 192.124 RETENTION OF MARKED CONTAINER. 7 12NoA person shall not, without the consent of the owner, 7 13 retain for a longer period than three days a container bearing 7 14 a registered mark, and any person receiving such a container 7 15 shall immediately return it to the owner by a common carrier. 7 16 A receipt from a common carriershall be prima-facieis prima 7 17 facie evidence thatsuchthe container was returned. 7 18Notwithstanding section 189.21, a person retaining a7 19container used for the handling of dairy products intended for7 20sale as provided in this section, which bears a mark7 21registered pursuant to section 192.123, shall not be subject7 22to any penalty provided by law, if the person returns the7 23container to its owner on or after April 14, 1992, but before7 24August 1, 1992.7 25 Sec. 18. Section 232.44, subsection 7, Code 1995, is 7 26 amended to read as follows: 7 27 7. If a child held in shelter care or detention by court 7 28 order has not been released after a detention hearing or has 7 29 not appeared at an adjudicatory hearing before the expiration 7 30 of the order of detention, an additional hearing shall 7 31 automatically be scheduled for the next court day following 7 32 the expiration of the order. The child, the child's counsel, 7 33 the child's guardian ad litem, and the child's parent, 7 34 guardian or custodian shall be notified of this hearing not 7 35 less than twenty-four hours before the hearing is scheduled to 8 1 take place. The hearing required by thissectionsubsection 8 2 may be held by telephone conference call. 8 3 Sec. 19. Section 232.102, subsection 3, Code 1995, is 8 4 amended to read as follows: 8 5 3. After a dispositional hearing and upon written findings 8 6 of fact based upon evidence in the record that an alternative 8 7 placement set forth in subsection 1, paragraph "b" has 8 8 previously been made and is not appropriate the court may 8 9 enter an order transferring the guardianship of thecourt8 10 child for the purposes of subsection 8, to the director of 8 11 human services for the purposes of placement in the Iowa 8 12 juvenile home at Toledo. 8 13 Sec. 20. Section 232.148, subsection 5, Code 1995, is 8 14 amended to read as follows: 8 15 5. Fingerprints and photographs of a child shall be 8 16 removed from the file and destroyed upon notification by the 8 17 child's guardian ad litem or legal counsel to the department 8 18 of public safety thatanyeither of the following situations 8 19 apply: 8 20 a. A petition alleging the child to be delinquent is not 8 21 filed and the child has not entered into an informal 8 22 adjustment, admitting involvement in a delinquent act alleged 8 23 in the complaint. 8 24 b. After a petition is filed, the petition is dismissed or 8 25 the proceedings are suspended and the child has not entered 8 26 into a consent decree and has not been adjudicated delinquent 8 27 on the basis of a delinquent act other than one alleged in the 8 28 petition in question. 8 29c. UponFingerprints and photographs of a child shall also 8 30 be removed from the file and destroyed upon petition by the 8 31 child when the child reaches twenty-one years of age and the 8 32 child has not been adjudicated a delinquent nor convicted of 8 33 committing an aggravated misdemeanor or a felony after 8 34 reaching sixteen years of age. 8 35 Sec. 21. Section 252A.6A, subsection 2, paragraph a, Code 9 1 1995, is amended to read as follows: 9 2 a. (1) If the prior determination of paternity is based 9 3 on an affidavit of paternity filed pursuant to section 9 4 252A.3A, or an administrative order entered pursuant to 9 5 chapter 252F, or an order by the courts of this state, or by 9 6 operation of law when the mother and established father are or 9 7 were married to each other, the provisions of section600B.419 8 600B.41A are applicable. 9 9 (2) If the court determines that the prior determination 9 10 of paternity should not be overcome, pursuant to section 9 11600B.41600B.41A, and that the respondent has a duty to 9 12 provide support, the court shall enter an order establishing 9 13 the monthly child support payment and the amount of the 9 14 support debt accrued and accruing pursuant to section 598.21, 9 15 subsection 4, or medical support pursuant to chapter 252E, or 9 16 both. 9 17 Sec. 22. Section 252C.4, subsection 7, paragraph a, Code 9 18 1995, is amended to read as follows: 9 19 a. (1) If the prior determination of paternity is based 9 20 on an affidavit of paternity filed pursuant to section 9 21 252A.3A, or an administrative order entered pursuant to 9 22 chapter 252F, or an order by the courts of this state, or by 9 23 operation of law when the mother and established father are or 9 24 were married to each other, the provisions of section600B.419 25 600B.41A are applicable. 9 26 (2) If the court determines that the prior determination 9 27 of paternity should not be overcome pursuant to section 9 28600B.41600B.41A, and that the responsible person has a duty 9 29 to provide support, the court shall enter an order 9 30 establishing the monthly child support payment and the amount 9 31 of the support debt accrued and accruing pursuant to section 9 32 598.21, subsection 4, or medical support pursuant to chapter 9 33 252E, or both. 9 34 Sec. 23. Section 256.33, unnumbered paragraph 1, Code 9 35 1995, is amended to read as follows: 10 1 The department shall consort with school districts, area 10 2 education agencies, community colleges, and colleges and 10 3 universities to provide assistance to them in the use of 10 4 educational technology for instruction purposes. The 10 5 department shall consult withthe advisory committee on the10 6operation of the narrowcast system, established in section10 7256.82,the advisory committee on telecommunications, 10 8 established in section 256.7, subsection 7, and other users of 10 9 educational technology on the development and operation of 10 10 programs under this section. 10 11 Sec. 24. Section 261B.6, Code 1995, is amended to read as 10 12 follows: 10 13 261B.6 LIST OF SCHOOLS. 10 14 The secretary shall maintain a list of registered schools 10 15 and the list and the information submitted under sections 10 16 261B.3 and 261B.4 are public records under chapter2122. 10 17 Sec. 25. Section 294.10A, subsection 1, Code 1995, is 10 18 amended to read as follows: 10 19 1. Notwithstanding section 294.9 or other provisions of 10 20 this chapter, beginning January 1,following the submission by 10 21thea board of trustees of an application to the federal 10 22 internal revenue service requesting qualification of a plan in 10 23 accordance with the requirements of the Internal Revenue Code, 10 24 as defined in section 422.3, teacher assessments required 10 25 under section 294.9 which are picked up bythean employing 10 26 school district shall be considered employer contributions for 10 27 federal income tax purposes, and each employing school 10 28 district establishing a pension and annuity retirement system 10 29 pursuant to this chapter shall pick up the teacher assessments 10 30 to be made under section 294.9 by its employees commencing the 10 31 January 1 following an application for qualification. Each 10 32 employing school district shall pick up these teacher 10 33 assessments by reducing the salary of each of the teachers 10 34 covered by this chapter by the amount which each teacher is 10 35 required to contribute through assessments under section 294.9 11 1 and shall pay to the board of trustees the amount picked up in 11 2 lieu of the teacher assessments for recording and deposit in 11 3 the fund. 11 4 Sec. 26. Section 298.9, Code 1995, is amended to read as 11 5 follows: 11 6 298.9 SPECIAL LEVIES. 11 7 If the voter-approved physical plant and equipment levy, 11 8 consisting solely of a physical plant and equipment property 11 9 tax levy, is voted at a special election and certified to the 11 10 board of supervisors after the regular levy is made, the board 11 11 shall at its next regular meeting levy the tax and cause it to 11 12 be entered upon the tax list to be collected as other school 11 13 taxes. If the certification is filed prior to April 1, the 11 14 annual levy shall begin with the tax levy of the year of 11 15 filing. If the certification is filed after April 1 in a 11 16 year, the levy shall begin with the levy of the fiscal year 11 17 succeeding the year of the filing of the certification. 11 18 Sec. 27. Section 298A.11, Code 1995, is amended to read as 11 19 follows: 11 20 298A.11 SCHOOL NUTRITION FUND. 11 21 A school nutrition fund is an enterprise fund. A school 11 22 nutrition fund must be established in any school corporation 11 23 receiving moneys from the schoollunchmeal program authorized 11 24 under chapter 283A. 11 25 Sec. 28. Section 321.189, subsection 7, paragraphs a and 11 26 b, Code 1995, are amended to read as follows: 11 27 a. An operator who has been issued a class M license prior 11 28 toJuly 1, 1994May 1, 1995. 11 29 b. An operator who is renewing the operator's class M 11 30 license issued prior toJuly 1, 1994May 1, 1995. 11 31 Sec. 29. Section 321.454, Code 1995, is amended to read as 11 32 follows: 11 33 321.454 WIDTH OF VEHICLES. 11 34 The total outside width of any vehicle or the load on the 11 35 vehicle shall not exceed eight feet except that a motor home, 12 1 commercial motor vehicle, motor truck or trailer hauling grain 12 2 or livestock, travel trailer, fifth-wheel travel trailer, or 12 3 bus having a total outside width not exceeding eight feet six 12 4 inches, exclusive of safety equipment, is exempt from the 12 5 permit requirements of chapter 321E and may be operated on the 12 6 public highways of the state. However, if hay, straw or 12 7 stover moved on any implement of husbandry and the total width 12 8 of load of the implement of husbandry exceeds eight feet in 12 9 width, the implement of husbandry is not subject to the permit 12 10 requirements of chapter 321E. If hay, straw or stover is 12 11 moved on any other vehicle subject to registration, the moves 12 12 are subject to the permit requirements for transporting loads 12 13 exceeding eight feet in width as required under chapter 321E. 12 14The vehicle width limitations imposed by this subsection only12 15apply to the public highways of the state not subject to the12 16width limitations imposed under subsection 2.12 17 Sec. 30. Section 321E.11, unnumbered paragraph 1, Code 12 18 1995, is amended to read as follows: 12 19 Movements by permit in accordance with this chapter shall 12 20 be permitted only during the hours from sunrise to sunset 12 21 unless the issuing authority determines that the movement can 12 22 be better accomplished at another period of time because of 12 23 traffic volume conditionsor the vehicle subject to the permit12 24has an overall length not to exceed one hundred feet, an12 25overall width not to exceed eleven feet, and an overall height12 26not to exceed fourteen feet, four inches, and the permit12 27requires the vehicle to operate only on the designated highway12 28system. Additional safety lighting and escorts may be 12 29 required for movement at night. 12 30 Sec. 31. Section 331.507, subsection 3, Code 1995, is 12 31 amended to read as follows: 12 32 3. The auditor shall collect or receive thefollowing12 33fees:12 34a. Thebee entry fee collected from nonresidents importing 12 35 bees by the state apiarist as provided under section 160.16. 13 1 Sec. 32. Section 331.653, subsection 53, Code 1995, is 13 2 amended to read as follows: 13 3 53. Carry out duties relating to the disposition of lost 13 4 property as provided in chapter644556F. 13 5 Sec. 33. Section 357G.4, Code 1995, is amended to read as 13 6 follows: 13 7 357G.4 TIME OF HEARING. 13 8 The public hearing required in section 357G.2 shall be held 13 9 within thirty days of the presentation of the petition. 13 10 Notice of hearing shall be given by publication in two 13 11 successive issues of anypapernewspaper of general 13 12 circulation within the district. The last publication shall 13 13 be not less than one week before the proposed hearing. 13 14 Sec. 34. Section 384.84, subsection 6, paragraph a, 13 15 subparagraph (5), Code 1995, is amended to read as follows: 13 16 (5) Contract for a period not to exceed forty years with 13 17 persons and other governmental bodies for thepurposepurchase 13 18 or sale of water, gas, or electric power and energy on a 13 19 wholesale basis. 13 20 Sec. 35. Section 427A.1, subsection 1, unnumbered 13 21 paragraph 1, Code 1995, is amended to read as follows: 13 22All tangible property except that which is assessed and13 23taxed as real property is subject to the personal property tax13 24credits provided in this chapter, unless the property is13 25taxed, licensed, or exempt from taxation under other13 26provisions of law.For the purposes of property taxation 13 27 only, the following shall be assessed and taxed, unless 13 28 otherwise qualified for exemption, as real property: 13 29 Sec. 36. NEW SECTION. 427A.2 PERSONAL PROPERTY NOT 13 30 SUBJECT TO PROPERTY TAX. 13 31 Personal property shall not be listed or assessed for 13 32 taxation and is not subject to the property tax. 13 33 Sec. 37. Section 447.9, unnumbered paragraph 2, Code 1995, 13 34 is amended to read as follows: 13 35 Service of the notice shall also be made by mail on any 14 1 mortgagee having a lien upon the parcel, a vendor of the 14 2 parcel under a recorded contract of sale, a lessor who has a 14 3 recorded lease or recorded memorandum of arecordedlease, and 14 4 any other person who has an interest of record, at the 14 5 person's last known address, and on the state of Iowa in case14 6of an old-age assistance lien by service upon the state14 7department of human services. The notice shall also be served 14 8 on any city where the parcel is situated. Only those persons 14 9 who are required to be sent the notice of expiration as 14 10 provided in this section are eligible to redeem a parcel from 14 11 tax sale. 14 12 Sec. 38. Section 502.207A, subsection 5, Code 1995, is 14 13 amended to read as follows: 14 14 5. In connection with an offering registered under this 14 15 section, a person may be registered as an agent of the issuer 14 16 under section 502.301 by the filing of an application by the 14 17 issuer with the administrator for the registration of the 14 18 person as an agent of the issuer and the paying of a fee of 14 19 ten dollars. Notwithstanding any other provision of this 14 20 chapter, the registration of the agent shall be effective 14 21 until withdrawn by the issuer or until the securities 14 22 registered pursuant to the registration statement have all 14 23 been sold, whichever occurs first. The registration of an 14 24 agent shall become effective when ordered by the administrator 14 25 or on the fifth business day after the agent's application has 14 26 been filed with the administrator, whichever occurs first, and 14 27 the administrator shall not impose further conditions upon the 14 28 registration of the agent. However, the administrator may 14 29 deny, revoke, suspend, or withdraw the registration of the 14 30 agent at any time as provided in section 502.304. 14 31Notwithstanding section 502.302, subsection 5, forFor the 14 32 purposes of registration of agents under this section, the 14 33 issuer and agent are not required to post bond. An agent 14 34 registered solely pursuant to this section is entitled to sell 14 35 only securities registered under this section. 15 1 Sec. 39. Section 508.36, subsection 8, paragraph a, Code 15 2 1995, is amended to read as follows: 15 3 a. A company's aggregate reserves for all life insurance 15 4 policies, excluding disability and accidental death benefits, 15 5 issued on or after the operative date of section 508.37, shall 15 6 not be less than the aggregate reserves calculated in 15 7 accordance with the methods set forth in subsections 6, 7, 10, 15 8 and 11, and the mortality table or tables and rate or rates of 15 9 interest used in calculating nonforfeiture benefits for such 15 10 policies. 15 11 Sec. 40. Section 515C.1, Code 1995, is amended to read as 15 12 follows: 15 13 515C.1 DEFINITION. 15 14 "Mortgage guaranty insurance" means insurance against 15 15 financial loss by reason of nonpayment of principal, interest 15 16 and other sums agreed to be paid under the terms of any note 15 17 or bond or other evidence of indebtedness secured by a 15 18 mortgage, deedorof trust or other instrument constituting a 15 19 lien or charge on real estate or on an owner-occupied mobile 15 20 home. 15 21 Sec. 41. Section 548.101, subsection 9, Code 1995, is 15 22 amended to read as follows: 15 23 9. "Trademark" means a word, name, symbol, or device or 15 24 any combination of a word, name, symbol, or device, used by a 15 25 person to identify and distinguish the goods of that person, 15 26 including a unique product, fromproductsthose manufactured 15 27 and sold by others, and to indicate the source of the goods, 15 28 even if that source is unknown. 15 29 Sec. 42. Section 548.101, subsection 11, paragraph a, Code 15 30 1995, is amended to read as follows: 15 31 a. On goods sold or transported in commerce in this state 15 32 when the mark is placed in any manner on the goods or 15 33 containers or associated displays, or on affixed tags or 15 34 labels,in this stateor if the nature of the goods makes the 15 35 placement on the goods or containers impracticable, on 16 1 documents associated with the goods or their sale. 16 2 Sec. 43. Section 548.102, subsection 5, unnumbered 16 3 paragraph 2, Code 1995, is amended to read as follows: 16 4 This subsection 5 does not prevent the registration of a 16 5 mark used by the applicant which has become distinctive of the 16 6 applicant's goods or services. The secretary may accept as 16 7 evidence that the mark has become distinctive,as used on or 16 8 in connection with the applicant's goods or services, proof of 16 9 continuous use thereof as a mark by the applicant in this 16 10 state for the five years before the date on which the claim 16 11 for distinctiveness is made. 16 12 Sec. 44. Section 554.3102, subsections 1 and 2, Code 1995, 16 13 are amended to read as follows: 16 14 1. This Article applies to negotiable instruments. It 16 15 does not apply to money, to payment orders governed by Article 16 16812, or to securities governed by Article128. 16 17 2. If there is conflict between this Article and Article 4 16 18 or 9or 12, Articles 4 and 9and 12govern. 16 19 Sec. 45. Section 554.4104, subsection 3, Code 1995, is 16 20 amended to read as follows: 16 21 3. The following definitions in other Articles apply to 16 22 this Article: 16 23 "Acceptance" Section 554.3409 16 24 "Alteration" Section 554.3407 16 25 "Cashier's check" Section 554.3104 16 26 "Certificate of deposit" Section 554.3104 16 27 "Certified check" Section 554.3409 16 28 "Check" Section 554.3104 16 29"Draft" Section 554.310416 30 "Good faith" Section 554.3103 16 31 "Holder in due course" Section 554.3302 16 32 "Instrument" Section 554.3104 16 33 "Notice of dishonor" Section 554.3503 16 34 "Order" Section 554.3103 16 35 "Ordinary care" Section 554.3103 17 1 "Person entitled to enforce" Section 554.3301 17 2 "Presentment" Section 554.3501 17 3 "Promise" Section 554.3103 17 4 "Prove" Section 554.3103 17 5 "Teller's check" Section 554.3104 17 6 "Unauthorized signature" Section 554.3403 17 7 Sec. 46. Section 554.4212, subsection 2, Code 1995, 17 8 is amended to read as follows: 17 9 2. If presentment is made by notice 17 10 and 17 11 payment, acceptance, or request for 17 12 compliance with 17 13 a requirement under section 554.3501 is not 17 14 received by 17 15 the close of business on the day after 17 16 maturity or, in the 17 17 case of demand items, by the close of 17 18 business on the third 17 19 banking day after notice was sent, the 17 20 presenting bank may 17 21 treat the item as dishonored and charge 17 22 any 17 23 drawer or endorser by sending it notice 17 24 of 17 25 the facts. 17 26 Sec. 47. Section 554.4215, subsection 6, Code 1995, 17 27 is amended to read as follows: 17 28 6. Subject to applicable law stating 17 29 a time for 17 30 availability of funds and any right of a 17 31 bank to apply 17 32 a depositof moneyto an obligation of 17 33 thecustomerdepositor,thea 17 34 deposit of money 17 35 becomes available for withdrawal 18 1 as of right at the 18 2 opening of the bank's next banking day 18 3 after receipt 18 4 of the deposit. 18 5 Sec. 48. Section 554.4401, subsection 1, Code 1995, 18 6 is amended to read as follows: 18 7 1. A bank may charge against 18 8 thecustomer'saccount of a customer an 18 9 item that is 18 10 properly payable from that account even 18 11 though the 18 12 charge creates an overdraft. An item is 18 13 properly payable if 18 14 it is authorized by the customer and is 18 15 in accordance with any 18 16 agreement between the customer and bank. 18 17 Sec. 49. Section 602.8102, subsection 110, 18 18 Code 1995, is amended to read as follows: 18 19 110. Carry out duties relating to 18 20 the disposition of lost 18 21 property as provided in chapter644556F. 18 22 Sec. 50. Section 633.703B, Code 1995, is amended 18 23 to read as follows: 18 24 633.703B AVAILABILITY OF AMENDMENT 18 25 PROCEDURES. 18 26 Amendment procedures inthis chaptersection 633.703A 18 27 and this section 18 28 shall be available to 18 29 trusts created in any manner, whether by 18 30 trust agreement, 18 31 will, deed, or otherwise, and may be 18 32 used on or after July 1, 18 33 1994, for any trust created before or 18 34 after that date. 18 35 Sec. 51. Section 709B.3, subsection 14, Code 1995, 19 1 is amended to read as follows: 19 2 14. In addition to persons to whom 19 3 disclosure of the 19 4 results of a convicted offender's HIV- 19 5 related test results is 19 6 authorized under this chapter, the 19 7 victim may also disclose 19 8 the results to the victim's spouse, 19 9 persons with whom the 19 10 victim has engaged in vaginal, anal, or 19 11 oral intercourse 19 12 subsequent to the sexual assault, or 19 13 members of the victim's 19 14 family within thefourththird degree of 19 15 consanguinity. 19 16 Sec. 52. 1994 Iowa Acts, chapter 1119, section 36, is 19 17 amended to read as follows: 19 18 SEC. 36. ELIMINATION OF FUNDING SOURCE &endash; DIRECTIONS TO 19 19 CODE EDITOR. 19 20 1. Section 423.24, subsection 1, paragraph b, Code 19 21 Supplement 1993, as amended by 1994 Iowa Acts, chapter 19 22 1119, section 29, is amended by striking the paragraph. 19 23 2. No moneys shall be deposited into the value-added 19 24 agricultural products and processes financial assistance fund 19 25 or the renewable fuels and coproducts fund, pursuant to 19 26 section 423.24, as provided in this Act, after June 30, 2000. 19 27 3. Notwithstanding this section, restrictions upon the 19 28 amount of money used to support administrative expenses by the 19 29 department of economic development and the office of renewable 19 30 fuels and coproducts shall continue to apply to moneys 19 31 deposited in the value-added agricultural products and 19 32 processes financial assistance fund and the renewable fuels 19 33 and coproducts fund, pursuant to section 423.24, as provided 19 34 in this Act, after June 30, 2000. 19 35 4. a. Any unencumbered or unobligated moneys in the 20 1 value-added agricultural products and processes financial 20 2 assistance fund derived from moneys deposited pursuant to 20 3 section 423.24, which are in excess of three million six 20 4 hundred fifty thousand dollars of the unencumbered or 20 5 unobligated moneys in the fund deposited pursuant to that 20 6 section, and which are remaining on June 30, 2000, shall be 20 7 credited on August 31, 2000, to the road use tax fund as 20 8 created in section 312.1. 20 9 b. Any unencumbered or unobligated moneys in the renewable 20 10 fuels and coproducts fund derived from moneys deposited 20 11 pursuant to section 423.24, which are in excess of three 20 12 hundred fifty thousand dollars of the unencumbered or 20 13 unobligated moneys in the fund deposited pursuant to that 20 14 section, and which are remaining on June 30, 2000, shall be 20 15 credited on August 31, 2000, to the road use tax fund as 20 16 created in section 312.1. 20 17 5. The Code editor is directed to eliminate provisions 20 18 within sections of the Code as provided in this Act wherever 20 19 references to section 423.24, subsection 1, paragraph "b", 20 20 appear in those provisions. 20 21 6. This section takes effect on July 1, 2000. 20 22 Sec. 53. 1994 Iowa Acts, chapter 1171, section 52, 20 23 subsections 5 and 6, are amended to read as follows: 20 24 5. Sections 40, 41, 42, and 46 through 48 of this Act, being 20 25 deemed of immediate importance, take effect upon enactment. 20 26 6. Sections 40, 41, 42, and 46 through 48 of this Act apply to 20 27 any action to overcome paternity, including any paternity 20 28 determination made prior to the effective date of sections 40, 20 29 41, 42, and 46 through 48 of this Act. 20 30 Sec. 54. 1994 Iowa Acts, chapter 1183, section 89, 20 31 subsection 1, is amended to read as follows: 20 32 1. The department of personnel, in consultation with the 20 33 public retirement systems committee established in section 20 34 97D.4, shall develop a proposal concerning the possible estab- 20 35 lishment of a new benefit formula under the Iowa public 21 1employee'semployees' retirement system created in chapter 97B. The 21 2 proposed benefit formula shall provide a method by which a 21 3 member may combine the value of the following different types 21 4 of membership service: 21 5 a. Membership service as a sheriff or deputy sheriff or 21 6 airport fire fighter in 21 7 accordance with section 97B.49, subsection 16, paragraph "b". 21 8 b. Membership service in a protection occupation, as pro- 21 9 vided in section 97B.49, subsection 16, paragraphs "a" and 21 10 "d". 21 11 c. Any other membership service, as defined in section 21 12 97B.41. 21 13 Sec. 55. 1994 Iowa Acts, chapter 1201, section 2, is amended to 21 14 read as follows: 21 15 SEC. 2. Notwithstanding section 15E.120, subsections 5, 6, 21 16 and 7, and section 15.287, there is appropriated from the Iowa 21 17 community development loan fundfromall the moneys available 21 18 during the fiscal year beginning July 1, 1994, and ending June 21 19 30, 1995, to the department of economic development for the 21 20 rural development program to be used by the department for the 21 21 purposes of the program. 21 22 Sec. 56. AMENDMENTS CHANGING TERMINOLOGY REGARDING 21 23 REGISTERED VOTERS &endash; DIRECTIVE TO CODE EDITOR. 21 24 1. Sections 28E.17, 28E.22, 28E.25, 28E.28A, 28E.39, 37.2, 21 25 39.22, 47.6, 49.3, 49.12, 49.13, 49.51, 49.72, 56.19, 174.10, 21 26 176A.6, 257.18, 257.29, 275.22, 279.39, 279.53, 300.2, 303.20, 21 27 303.33, 331.203, 331.204, 331.205, 331.208, 331.237, 331.301, 21 28 331.306, 331.402, 331.441, 331.442, 331.447, 336.2, 21 29 357G.8, 358.2, 358.5, 360.3, 364.4, 368.19, 373.6, 384.24A, 21 30 384.26, 384.84A, 422A.2, and 422B.1, Code 1995, are amended 21 31 by striking from the sections the words "qualified electors" 21 32 and inserting in lieu thereof the words "registered voters". 21 33 2. Section 53.30, Code 1995, is amended by striking 21 34 from the section the words "qualified elector's" and inserting 21 35 in lieu thereof the words "registered voter's". 22 1 3. Section 346.27, Code 1995, is amended by striking from 22 2 the section the words "qualified voters" and inserting in lieu 22 3 thereof the words "registered voters". 22 4 4. The Code editor is directed to substitute the words 22 5 "registered voter" or "registered voters" for the words 22 6 "qualified elector" or "qualified electors", as appropriate, 22 7 when there appears to be no doubt as to the intent to 22 8 refer to persons who are registered to vote. 22 9 Sec. 57. EFFECTIVE AND RETROACTIVE APPLICABILITY 22 10 DATE PROVISIONS. 22 11 1. The 22 12 section of this Act which amends 1994 Iowa Acts, chapter 1171, 22 13 section 52, subsections 5 and 6, being deemed of immediate 22 14 importance, takes effect upon enactment and applies retroactively 22 15 to May 11, 1994. 22 16 2. This section of this Act which amends 1994 Iowa 22 17 Acts, chapter 1201, section 2, being deemed of immediate 22 18 importance, takes effect upon enactment. 22 19 EXPLANATION 22 20 This bill contains the following nonsubstantive Code 22 21 corrections: 22 22 2B.13(4); 13B.8(1), unn. para. 2: Change the name of a 22 23 house committee from committee on judiciary and law 22 24 enforcement to committee on judiciary, consistent with actions 22 25 of the current general assembly. 22 26 10A.104(8): In provision relating to rules for certifying 22 27 eligibility of targeted small businesses, strikes reference to 22 28 "construction procurement set-aside program". This language 22 29 was overlooked when the proposed program was stricken from 22 30 House File 2403 in 1994. 22 31 15.308(2)(h): Revises wording so that new item fits 22 32 grammatically into the list of state financial assistance 22 33 programs for which community builder program participants may 22 34 be eligible. 22 35 15E.120(5): In provision relating to loan repayments, 23 1 updates a reference to the community economic betterment 23 2 account to reflect that the account is now a part of the 23 3 strategic investment fund and strikes obsolete reference to 23 4 section 99E.31, which was repealed in 1994. 23 5 35A.2(1): Adds reference to the standard beginning and 23 6 ending of terms for members of the commission of veterans 23 7 affairs. 23 8 48A.14(3): In new chapter on voter registration, corrects 23 9 language of challenger's oath regarding the crime of knowingly 23 10 filing a challenge containing false information. Under 23 11 section 48A.41(2)(d), the crime is classified as an aggravated 23 12 misdemeanor rather than a serious misdemeanor. 23 13 50.16, unn. para. 2; 50.29, unn. para. 2: Delete 23 14 references to "A.D." (anno domini) as part of the dates in 23 15 statutory forms for tally lists and certificates of election. 23 16 53.37(5): In chapter relating to absentee voting, 23 17 substitutes new reference for reference to repealed provision 23 18 on voter qualifications for citizens living outside the United 23 19 States. 23 20 53.39: Substitutes "qualified voter" for "registered 23 21 voter" in section relating to absent voting by armed forces. 23 22 This corrects an error in the directive of 94 Acts, ch 1169, 23 23 section 64, as to section 53.39. For purposes of armed forces 23 24 voting, an applicant need not be registered before receiving 23 25 an absentee ballot. The affidavit on the returned ballot 23 26 envelope serves as sufficient registration. 23 27 56.14: Creates separate subsections in section relating to 23 28 political advertising. The first subsection relates to 23 29 information to be included as part of certain published 23 30 material and the second subsection relates to yard signs. In 23 31 subsection 2, the bill includes family farm limited liability 23 32 companies among the types of family farm operations allowed to 23 33 place signs on agricultural land. Family farm corporations, 23 34 family farm limited partnerships, and family trusts are 23 35 already specified. 24 1 135.107(1), unn. para. 2: In section establishing the 24 2 center for rural health and primary care, changes designation 24 3 from "office" to "center" (to conform with 1994 amendments). 24 4 The bill also differentiates the centers by specifically 24 5 identifying the center for agricultural health and safety. 24 6 135C.2(5)(g): Updates terminology in provision relating to 24 7 funding for residential care facilities which serve five or 24 8 fewer persons with mental retardation, chronic mental illness, 24 9 a developmental disability, or brain injury. 24 10 144.12A(5)(c): In section relating to the declaration of 24 11 paternity registry, revises language to clarify that 24 12 revocation by the registrant nullifies the registration and 24 13 leads to expungement of the information. 24 14 163.47: Strikes an obsolete "grandfather" provision 24 15 exempting from regulation the sale of semen of breeding bulls 24 16 collected before January 1, 1978. 24 17 192.124: Strikes an obsolete amnesty provision relating to 24 18 the penalty for theft of a milk container bearing a registered 24 19 mark and makes grammatical changes. The amnesty expired 24 20 August 1, 1992. 24 21 232.44(7): In provision relating to the use of telephone 24 22 conference calls for juvenile detention and shelter hearings, 24 23 changes the word "section" to "subsection" to clarify that the 24 24 conference call option applies only to certain additional 24 25 hearings and not to original hearings. 24 26 232.102(3): In child in need of assistance provisions of 24 27 juvenile code, corrects a reference to transfer of 24 28 guardianship of the child by the court. 24 29 232.148(5): In provision of juvenile code governing the 24 30 circumstances under which fingerprints and photographs of a 24 31 child by a criminal justice agency must be destroyed, makes 24 32 revisions for clarity of expression. 24 33 252A.6A(2)(a); 252C.4(7)(a): Correct errors in internal 24 34 references in a 1994 enactment relating to paternity 24 35 establishment. The references should be to section 600B.41A, 25 1 which contains the new provisions on overcoming establishment 25 2 of paternity. 25 3 256.33, unn. para. 1: In provision relating to educational 25 4 technology, strikes a reference to the advisory committee on 25 5 the operation of the narrowcast system. This advisory 25 6 committee was repealed in 1994. 25 7 261B.6: Corrects an internal reference in provision 25 8 relating to registration of postsecondary schools. The 25 9 reference should be to chapter 22, which is the public records 25 10 chapter. Chapter 21 is the open meeting chapter. 25 11 294.10A(1): Revises language for clarity of new provision 25 12 relating to pretax treatment of teacher assessments for 25 13 pension and annuity retirement systems. 25 14 298.9: Specifies that certification for levy is to the 25 15 county board of supervisors following favorable vote at a 25 16 special election on property levy for plant and equipment for 25 17 school district. 25 18 298A.11: In new section establishing school nutrition fund 25 19 (effective July 1, 1995), substitutes "school meal program" 25 20 for "school lunch program" to conform with recent changes in 25 21 chapter 283A adding references to breakfasts. 25 22 321.189(7): Changes dates in text of exceptions to 25 23 motorcycle education requirements to correspond to the 25 24 effective date of the requirements, which is May 1, 1995. 25 25 321.454: In section relating to width of vehicles, strikes 25 26 a reference to specific limitations for operation on 25 27 designated highways under former subsection 2, which was 25 28 stricken in 1994. 25 29 321E.11, unn. para. 1: In section relating to daylight 25 30 movement of oversize and overweight vehicles, strikes 25 31 reference to an exception for certain vehicles operating on 25 32 the designated highway system. This change was overlooked 25 33 when other references to the designated highway system were 25 34 stricken in 1994. 25 35 331.507(3): Removes lone paragraph designation in 26 1 provision relating to the county auditor's collection of fees. 26 2 Former paragraphs "b" and "c" were stricken in 1994 in 26 3 connection with the reduction of state mandates. 26 4 331.653(53); 602.8102(110): Correct internal references to 26 5 transferred chapter in enumerations of duties of sheriff and 26 6 clerk of the district court. 26 7 357G.4: Changes "paper" to "newspaper" in new provision 26 8 relating to publication of notice of hearing on establishment 26 9 of city emergency medical services district. 26 10 384.84(6)(a)(5): Substitutes "purchase or sale" for 26 11 "purpose or sale" in provision setting forth the power of the 26 12 governing body of a city utility or enterprise system to 26 13 contract for water, gas, or electricity. 26 14 427A.1(1), unn. para. 1: Strikes obsolete language 26 15 relating to personal property tax credits. Personal property 26 16 is no longer subject to the property tax and former sections 26 17 providing personal property tax credits have been repealed. 26 18 427A.2: Restores language stating that personal property 26 19 is not subject to the property tax. The new section has its 26 20 basis in former section 427A.10, which included the effective 26 21 date of July 1, 1987. 26 22 447.9, unn. para. 2: In chapter on tax redemption, revises 26 23 provision relating to service of notice of the expiration of 26 24 the right of redemption by correcting reference to recorded 26 25 memorandum of a lease and by deleting an obsolete reference to 26 26 old-age assistance liens. 26 27 502.207A(5): In section of Uniform Securities Act relating 26 28 to expedited registration by filing, strikes an obsolete 26 29 reference to bonding provision which was stricken in 1994. 26 30 508.36(8)(a): In provision requiring certain minimum 26 31 reserves for life insurance, adds language inadvertently 26 32 omitted from 1994 enactment. The language appears in the 26 33 model Act on which the enactment was based. 26 34 515C.1: In the definition of mortgage guaranty insurance, 26 35 corrects reference to "deed of trust". 27 1 548.101(9) and (11)(a); 548.102(5), unn. para. 2: Make 27 2 minor revisions in trademark law to conform to the model Act 27 3 on which the 1994 enactment was based. 27 4 554.3102(1) and (2): In new negotiable instruments article 27 5 of Uniform Commercial Code (UCC), correct internal references 27 6 to conform to uniform Act. 27 7 554.4104(3): In revised banking article of Uniform 27 8 Commercial Code, makes correction to conform to uniform Act. 27 9 554.4212(2): In presentment provision of revised banking 27 10 article of UCC, adds the word "not", which appears in the 27 11 uniform Act but was inadvertently omitted in the 1994 27 12 enactment. 27 13 554.4215(6): In UCC banking provision on availability for 27 14 withdrawal, makes corrections to conform to uniform Act. 27 15 554.4401(1): Makes a grammatical correction in another UCC 27 16 banking provision to conform to uniform Act. 27 17 633.703B: In a new provision of the probate code relating 27 18 to certain separate trusts, changes an internal reference from 27 19 "this chapter". It appears from the context and bill history 27 20 that the reference was intended to be limited to sections 27 21 633.703A and 633.703B. 27 22 709B.3(14): In provision relating to victims' disclosure 27 23 of results of HIV tests for certain sexual offenders, allows 27 24 disclosure to family members within the third degree of 27 25 consanguinity, consistent with section 141.23. 27 26 94 Acts, ch 1119, section 36: Makes a technical correction 27 27 in bill from 1994 relating to agricultural development and 27 28 rural revitalization by adding an inadvertently omitted 27 29 reference to the 1994 amendment of certain allocations of 27 30 motor vehicle use taxes. 27 31 94 Acts, ch 1171, section 52(5) and (6): Add the new 27 32 guardian ad litem provision of section 598.21(4B) to portions 27 33 of the effective date and applicability section in paternity 27 34 bill from 1994. Failure to include this section in the list 27 35 was a drafting oversight. 28 1 94 Acts, ch 1183, section 89(1): Adds airport fire fighter 28 2 to the list of IPERS groups for whom the department of 28 3 personnel is directed to work on proposals for combining types 28 4 of membership service. This reflects the 1994 addition of 28 5 airport fire fighters to section 97B.49(16)(b). 28 6 94 Acts, ch 1201, section 2: Corrects a drafting error in 28 7 1994 appropriation to the department of economic development 28 8 for the rural development program. 28 9 Registered voters: Numerous sections are amended to 28 10 substitute "registered voters" for "qualified electors", in 28 11 keeping with the changes made by the 1994 "motor voter" bill 28 12 (see 1994 Iowa Acts, chapter 1169). In addition, the Code 28 13 editor is directed to make similar changes when there appears 28 14 to be no doubt as to the intent to refer to persons who are 28 15 registered to vote. 28 16 LSB 1734SC 76 28 17 lh/cf/24
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