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PAG LIN 1 1 Section 1. Section 56.14, Code Supplement 1995, is amended 1 2 to read as follows: 1 3 56.14 POLITICAL MATERIAL &endash;SOLICITATIONS &endash;YARD SIGNS. 1 4 1. a. A person who causes the publication or distribution 1 5 of published material designed to promote or defeat the 1 6 nomination or election of a candidate for public office or the 1 7 passage of a constitutional amendment or public measure shall 1 8 include conspicuously on the published material the identity 1 9 and address of the person responsible for the material. If 1 10 the person responsible is an organization, the name of one 1 11 officer of the organization shall appear on the material. 1 12 However, if the organization is a committee which has filed a 1 13 statement of organization under this chapter, only the name of 1 14 the committee is required to be included on the published 1 15 material. Published material designed to promote or defeat 1 16 the nomination or election of a candidate for public office or 1 17 the passage of a constitutional amendment or public measure 1 18 which contains language or depictions which a reasonable 1 19 person would understand as asserting that an entity which is 1 20 incorporated or is a registered committee had authored the 1 21 material shall, if the entity is not incorporated or a 1 22 registered committee, include conspicuously on the published 1 23 material a statement that the apparent organization or 1 24 committee is not incorporated or a registered committee in 1 25 addition to thedisclaimerattribution statement required by 1 26 this section. For purposes of this section, "registered 1 27 committee" means a committee which has an active statement of 1 28 organization filed under section 56.5. 1 292.b. Thissectionsubsection does not apply to the 1 30 editorials or news articles of a newspaper or magazine which 1 31 are not political advertisements. For the purpose of this 1 32sectionsubsection, "published material" means any newspaper, 1 33 magazine, shopper, outdoor advertising facility, poster, 1 34 direct mailing, brochure, or any other form of printed general 1 35 public political advertising; however, the identification need 2 1 not be conspicuous on posters. Thissectionsubsection does 2 2 not apply to yard signs, bumper stickers, pins, buttons, pens, 2 3 matchbooks, and similar small items upon which the inclusion 2 4 of thedisclaimerattribution statement would be impracticable 2 5 or to published material which is subject to federal 2 6 regulations regardinga disclaimeran attribution requirement. 2 7 c. This subsection shall not be construed to require the 2 8 inclusion on published material of information which discloses 2 9 the identity or address of any individual who is acting 2 10 independently and using the individual's own modest resources 2 11 to publish or distribute the material. 2 123.2. a. Yard signs shall not be placed on any property 2 13 which adjoins a city, county, or state roadway sooner than 2 14 forty-five days preceding a primary or general election and 2 15 shall be removed within seven days after the primary or 2 16 general election,in which the name of the particular 2 17 candidate or ballot issue described on the yard sign appears 2 18 on the ballot. Yard signs are subject to removal by highway 2 19 authorities as provided in section 319.13, or by county or 2 20 city law enforcement authorities in a manner consistent with 2 21 section 319.13. The placement or erection of yard signs shall 2 22 be exempt from the requirements of chapter 480. Notice may be 2 23 provided to the chairperson of the appropriate county central 2 24 committee if the highway authorities are unable to provide 2 25 notice to the candidate, candidate's committee, or political 2 26 committee regarding the yard sign. 2 274.b. Thissectionsubsection does not prohibit the 2 28 placement of yard signs on agricultural land owned by 2 29 individuals or by a family farm operation as defined in 2 30 section 9H.1, subsections 8, 8A, 9, and 10; does not prohibit 2 31 the placement of yard signs on property owned by private 2 32 individuals who have rented or leased the property to a 2 33 corporation, if the prior written permission of the property 2 34 owner is obtained; and does not prohibit the placement of yard 2 35 signs on residential property owned by a corporation but 3 1 rented or leased to a private individual if the prior 3 2 permission of the renter or lessee is obtained. For the 3 3 purposes of this chapter, "agricultural land" means 3 4 agricultural land as defined in section 9H.1. 3 55. This section shall not be construed to require the3 6inclusion on published material of information which discloses3 7the identity or address of any individual who is acting3 8independently and using the individual's own modest resources3 9to publish or distribute the material.3 10 Sec. 2. Section 164.4, unnumbered paragraph 2, Code 1995, 3 11 is amended to read as follows: 3 12 The department shall adopt rules that are no less 3 13 restrictive than the uniform methods and rules for brucellosis 3 14 eradication promulgated by the United States department of 3 15 agriculture, APHIS 91-1, as effectiveJuly 1, 1984January 1, 3 16 1996, but may adopt rules that are more restrictive, subject 3 17 to chapter 17A. 3 18 Sec. 3. Section 229.44, subsection 2, unnumbered paragraph 3 19 1, Code 1995, is amended to read as follows: 3 20 After an order is entered pursuant to section229.34229.13 3 21 or 229.14, the court may transfer proceedings to the court of 3 22 any county having venue at any further stage in the proceeding 3 23 as follows: 3 24 Sec. 4. Section 322G.15, Code Supplement 1995, is amended 3 25 to read as follows: 3 26 322G.15 APPLICABILITY. 3 27 1. This chapter takes effect July 1, 1991, and applies to 3 28 motor vehicles originally purchased or leasedin this stateby 3 29 consumers on or afterJuly 1, 1991that date. 3 30 2.ExceptThis chapter applies to motor vehicles 3 31 originally purchased or leased in this state and, except for 3 32 section 322G.3, subsections 1 and 2, and section 322G.6, 3 33 subsection 1,this chapterapplies to motor vehicles 3 34 originally purchased or leased in other states, if the 3 35 consumer is a resident of this state at the time the 4 1 consumer's rights are asserted under this chapter.Section4 2322G.14, which concerns rulemaking, shall take effect May 9,4 31991.4 4 Sec. 5. Section 421.17A, subsection 2, Code Supplement 4 5 1995, is amended to read as follows: 4 6 2. PURPOSE AND USE. 4 7 a. Notwithstanding other statutory provisions which 4 8 provide for the execution, attachment, or levy against 4 9 accounts, the facility may utilize the process established in 4 10 thischaptersection to collect delinquent accounts, charges, 4 11 fees, loans, taxes, or other indebtedness due the state or 4 12 being collected by the state provided that any exemptions or 4 13 exceptions which specifically apply to enforcement of such 4 14 obligations also apply to this section. 4 15 b. An obligor is subject to this section if the obligor's 4 16 debt is being collected by the facility. 4 17 c. Any amount forwarded by a financial institution under 4 18 thischaptersection shall not exceed the delinquent or 4 19 accrued amount of the obligor's debt being collected by the 4 20 state. 4 21 Sec. 6. Section 444.26, Code Supplement 1995, is amended 4 22 to read as follows: 4 23 444.26 PROPERTY TAX LEVY LIMITATIONS NOT AFFECTED. 4 24 Sections 444.25,and444.25A, and 444.25B shall not be 4 25 construed as removing or otherwise affecting the property tax 4 26 limitations otherwise provided by law for any tax levy of the 4 27 political subdivision, except that, upon an appeal from the 4 28 political subdivision, the state appeal board may approve a 4 29 tax levy consistent with the provisions of section 24.48 or 4 30 331.426. 4 31 Sec. 7. Section 452A.74, subsection 1, Code Supplement 4 32 1995, is amended to read as follows: 4 33 1. For any person to knowingly fail, neglect, or refuse to 4 34 make any required return or statement or pay over fuel taxes 4 35 required under thissectionchapter. 5 1 Sec. 8. Section 455B.171, subsection 28, Code Supplement 5 2 1995, is amended to read as follows: 5 3 28. "Sewer system" means pipelines or conduits, pumping 5 4 stations, force mains, vehicles, vessels, conveyances, 5 5 injection wells, and all other constructions, devices and 5 6 appliances appurtenant thereto used for conducting sewage or 5 7 industrial waste or other wastes to a point of ultimate 5 8 disposal or disposal to any water of the state. To the extent 5 9 that they are not subject to section 402 of the federal Water 5 10 Pollution Control Act, ditches, pipes, and drains that serve 5 11 only to collect, channel, direct, and convey nonpoint runoff 5 12 from precipitation are not considered as sewer systems for the 5 13 purposes of thisActpart of this division. 5 14 Sec. 9. Section 455B.174, subsection 5, unnumbered 5 15 paragraph 1, Code 1995, is amended to read as follows: 5 16 Conduct random inspections of work done by city and county 5 17 public works departments to ensure such public works 5 18 departments are complying with thisActpart of this division. 5 19 If a city or county public works department is not complying 5 20 with section 455B.183 in reviewing plans and specifications or 5 21 in granting permits or both, the department shall perform 5 22 these functions in that jurisdiction until the city or county 5 23 public works department is able to perform them. Performance 5 24 of these functions in a jurisdiction by a local public works 5 25 department shall not be suspended or revoked until after 5 26 notice and opportunity for hearing as provided in chapter 17A. 5 27 Sec. 10. Section 455B.177, subsection 1, Code 1995, is 5 28 amended to read as follows: 5 29 1. The general assembly finds and declares that because 5 30 the federal Water Pollution Control Act,provides for a permit 5 31 system to regulate the discharge of pollutants into the waters 5 32 of the United States and provides that permits may be issued 5 33 by states which are authorized to implement that Act, it is in 5 34 the interest of the people of Iowa to enact thisActpart of 5 35 this division in order to authorize the state to implement the 6 1 federal Water Pollution Control Act, and federal regulations 6 2 and guidelines issued pursuant to that Act. 6 3 Sec. 11. Section 455B.179, Code 1995, is amended to read 6 4 as follows: 6 5 455B.179 TRADE SECRETS PROTECTED. 6 6 Upon a satisfactory showing by any person to the director 6 7 that public disclosure of any record, report, permit, permit 6 8 application, or other document or information or part thereof 6 9 would divulge methods or processes entitled to protection as a 6 10 trade secret, any such record, report, permit, permit 6 11 application, or other document or part thereof other than 6 12 effluent data and analytical results of monitoring or public 6 13 water supply systems, shall be accorded confidential 6 14 treatment. Notwithstanding the provisions of chapter 22, a 6 15 person in connection with duties or employment by the 6 16 department shall not make public any information accorded 6 17 confidential status,; however, any such record or other 6 18 information accorded confidential status may be disclosed or 6 19 transmitted to other officers, employees, or authorized 6 20 representatives of this state or the United States concerned 6 21 with carrying out this part of this division or when relevant 6 22 in any proceeding under thisActpart of this division. 6 23 Sec. 12. Section 610A.1, Code Supplement 1995, is amended 6 24 to read as follows: 6 25 610A.1 ACTIONS OR APPEALS BROUGHT BY INMATES OR PRISONERS. 6 26 1. Notwithstanding section 610.1 or 822.5, if the person 6 27 bringing a civil action or appeal is an inmate of an 6 28 institution or facility under the control of the department of 6 29 corrections or a prisoner of a county or municipal jail or 6 30 detention facility, the inmate or prisoner shall pay in full 6 31 all fees and costs associated with the action or appeal. 6 32 a. Upon filing of the action or appeal, the court shall 6 33 order the inmate or prisoner to pay a minimum of twenty per- 6 34 cent of the required filing fee before the court will take any 6 35 further action on the inmate's or prisoner's action or appeal 7 1 and shall also order the inmate or prisoner to make monthly 7 2 payments of ten percent of all outstanding fees and costs 7 3 associated with the inmate's or prisoner's action or appeal. 7 4 b. If the inmate has an inmate account under section 7 5 904.702, the department of corrections shall withdraw moneys 7 6 maintained in the account for the payment of fees and costs 7 7 associated with the inmate's action or appeal in accordance 7 8 with the court's order until the required fees and costs are 7 9 paid in full. The inmate shall file a certified copy of the 7 10 inmate's account balance with the court at the time the action 7 11 or appeal is filed. 7 12 c. An inmate may authorize the department of corrections 7 13 to make or the inmate may make an initial or subsequent 7 14 payment beyond that requirement by this section. 7 15 d. The court may dismiss any civil action or appeal in 7 16 which the inmate or prisoner has previously failed to pay fees 7 17 and costs in accordance with this section. 7 18 2. The court may make the authorization provided for in 7 19 section 610.1 if it finds that the inmate does not have suf- 7 20 ficient moneys in the inmate's account or sufficient moneys 7 21 flowing into the account to make the payments required in this 7 22 section or, in the case of a prisoner of a county or municipal 7 23 jail or detention facility, that the prisoner otherwise meets 7 24 the requirements of section 610.1. 7 25 Sec. 13. Section 610A.4, Code Supplement 1995, is amended 7 26 to read as follows: 7 27 610A.4 COST SETOFF. 7 28 The state or a county or municipality shall have the right 7 29 to set off the cost of incarceration of an inmate or prisoner 7 30 at any time, following notice and hearing, against any claim 7 31 made by or monetary obligation owed to an inmate or prisoner 7 32 for whom the cost of incarceration can be calculated. 7 33 Sec. 14. Section 805.8, subsection 5, paragraphs c and d, 7 34 Code Supplement 1995, are amended to read as follows: 7 35 c. For violations of sections 481A.6, 481A.21, 481A.22, 8 1 481A.26, 481A.50, 481A.56, 481A.60 through 481A.62,481A.82,8 2 481A.83, 481A.84, 481A.92, 481A.123, 481A.145, subsection 3, 8 3 sections 482.7, 483A.7, 483A.8, 483A.23, and 483A.24, the 8 4 scheduled fine is twenty-five dollars. 8 5 d. For violations of sections 481A.7, 481A.24, 481A.47, 8 6 481A.52, 481A.53, 481A.55, 481A.58,481A.63,481A.76,481A.81,8 7 481A.90, 481A.91, 481A.97, 481A.122, 481A.126, 481A.142, 8 8 481A.145, subsection 2, sections 482.8, and 483A.37, the 8 9 scheduled fine is fifty dollars. 8 10 Sec. 15. Section 805.8, subsection 5, paragraph k, Code 8 11 Supplement 1995, is amended to read as follows: 8 12 k. For violations of section481A.80481A.144, subsection 8 13 4, or section 481A.145, subsections 4, 5, and 6, relating to 8 14 minnows: 8 15 (1) For general minnow violations, the scheduled fine is 8 16 twenty-five dollars. 8 17 (2) For commercial purposes, the scheduled fine is fifty 8 18 dollars. 8 19 Sec. 16. 1995 Iowa Acts, chapter 186, section 9, is 8 20 amended to read as follows: 8 21 SEC. 9. RETROACTIVE APPLICABILITY DATE.ThisSections 4 8 22 and 7 of this Actappliesapply retroactively to local option 8 23 sales and services taxes approved on or after July 1, 1994. 8 24 Statutory procedures required for local option sales and 8 25 services tax elections held on or after July 1, 1994, and 8 26 before the effective date of this Act shall be deemed to 8 27 fulfill the notice, proceedings, and election requirements 8 28 contained in section 7 of this Act. 8 29 Sec. 17. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 8 30 Section 16 of this Act, being deemed of immediate importance, 8 31 takes effect upon enactment and applies retroactively to May 8 32 22, 1995. 8 33 EXPLANATION 8 34 This bill contains statutory corrections which may adjust 8 35 language to reflect current practices, insert earlier 9 1 omissions, delete redundancies and inaccuracies, delete 9 2 temporary language, resolve inconsistencies and conflicts, 9 3 update ongoing provisions, or remove ambiguities. 9 4 56.14: In section relating to political advertising, 9 5 substitutes the term "attribution statement" for "disclaimer" 9 6 to more accurately refer to the identification requirement of 9 7 those who publish political material. The bill also 9 8 rearranges the subsections to differentiate between provisions 9 9 regulating published material and yard signs. 9 10 164.4, unnumbered paragraph 2: Updates reference to 9 11 federal uniform methods and rules for brucellosis eradication 9 12 in section providing that state rules may not be less 9 13 restrictive than federal rules. This change was requested by 9 14 the department of agriculture and land stewardship. 9 15 229.44(2), unnumbered paragraph 1: In provision relating 9 16 to changes of venue in proceedings for the involuntary 9 17 hospitalization of persons with mental illness, strikes a 9 18 reference to venue changes following the entry of an order 9 19 pursuant to section 229.34, which pertains to orders for a 9 20 person's discharge following a commission of inquiry to 9 21 investigate a complaint contesting confinement. The bill 9 22 changes the reference to include venue transfers following the 9 23 entry of more frequently utilized orders pursuant to sections 9 24 229.13 and 229.14, which pertain to evaluation and treatment 9 25 orders or orders entered following the chief medical officer's 9 26 report on the psychiatric evaluation. This change was 9 27 requested by a judicial hospitalization referee. 9 28 322G.15: Clarifies section amended in 1995 pertaining to 9 29 the applicability of the motor vehicle "lemon law" for greater 9 30 clarity and strikes reference to an effective date that has 9 31 passed. 9 32 421.17A(2)(a, c): In section providing for an 9 33 administrative levy against accounts to collect delinquent 9 34 indebtedness to the state, changes the word "chapter" to 9 35 "section" to more accurately describe the process. 10 1 444.26: In section providing that specific property tax 10 2 limitations enacted for fiscal years 1994 through 1997 do not 10 3 affect other levy limitations, adds a conforming amendment to 10 4 refer to the property tax limitation for fiscal year 1998 in 10 5 section 444.25B, which was enacted in 1995 Iowa Acts, chapter 10 6 206 (Senate File 69). 10 7 452A.74(1): Replaces a reference to "this section" with 10 8 "this chapter" in provisions prohibiting unlawful acts 10 9 relating to paying and filing returns or statements of motor 10 10 fuel and special fuel taxes. Other sections within chapter 10 11 452A contain requirements for payments and filings, whereas 10 12 section 452A.74 pertains only to unlawful acts and penalties. 10 13 455B.171(28); 455B.174(5), unnumbered paragraph 1; 10 14 455B.177(1); 455B.179: In water pollution control provisions 10 15 pertaining to the definition of sewer system, the duties of 10 16 the director of the department of natural resources in 10 17 conducting inspections of local public works projects, the 10 18 findings of the general assembly, and the confidentiality of 10 19 trade secrets, replace references to the water pollution 10 20 control provisions enacted in 1976 Iowa Acts, chapter 1204, 10 21 with references to division III, part 1, of chapter 455B, 10 22 which contains general water quality provisions, in order to 10 23 improve understandability. While intervening amendments to 10 24 part 1 have been enacted since 1976, the proposed changes do 10 25 not alter the scope of the provisions. 10 26 610A.1; 610A.4: In sections specifying the requirements 10 27 for inmates and prisoners to pay fees and costs associated 10 28 with civil actions or appeals and providing a cost setoff from 10 29 claims for the costs of incarceration, clarify that prisoners 10 30 of county jails and detention facilities are included. While 10 31 the apparent intent of the provisions enacted in 1995 Iowa 10 32 Acts, chapter 167 (House File 246), was to include prisoners 10 33 of all jails or detention facilities through the use of the 10 34 term "municipal", the term is not defined in title XV, 10 35 subtitle 2, of the Code, and it may not be clear that counties 11 1 are included. 11 2 805.8(5)(c),(d), and (k): In section providing penalties 11 3 for scheduled violations, correct internal references to 11 4 provisions which were repealed pursuant to 1993 Acts, chapter 11 5 99. Legislation enacted in 1993 repealed provisions 11 6 pertaining to the requirements of licensed bait dealers and 11 7 the taking and selling of minnows and other bait, and 11 8 reenacted those provisions in sections 481A.144 and 481A.145. 11 9 The proposed changes correct the references to reflect the 11 10 reenacted provisions. 11 11 1995 Iowa Acts, chapter 186, section 9: Corrects the 11 12 retroactive applicability provision of the local option sales 11 13 tax bill enacted in 1995, Senate File 472. The apparent 11 14 intent of the legislation was that only the bond-related 11 15 provisions contained in sections 4 and 7 of the Act would 11 16 apply retroactively to July 1, 1994, rather than the entire 11 17 Act. Because the 1995 legislation became effective May 22, 11 18 1995, this bill provides that the proposed changes take effect 11 19 upon enactment and apply retroactively to May 22, 1995. 11 20 LSB 3542SC 76 11 21 mc/cf/24
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