Text: HF00199 Text: HF00201 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 200 1 2 1 3 AN ACT 1 4 RELATING TO NONSUBSTANTIVE CODE CORRECTIONS. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 7G.1, subsection 7, Code 1997, is 1 9 amended to read as follows: 1 10 7. FUNDS RECEIVED. All funds received by the commission, 1 11 including but not limited to gifts, transfers, endowments, 1 12 application and other fees related to the issuance of 1 13 sesquicentennial motor vehicle registration platespursuant to1 14section 321.34, subsection 14, moneys from the sale of 1 15 mementos and products related to the purposes of the 1 16 commission, and appropriations, shall be credited to the 1 17 sesquicentennial fund and are appropriated to the commission 1 18 to be invested or used to support the activities of the 1 19 commission. Notwithstanding section 8.33, any balance in the 1 20 fund on June 30 of any fiscal year shall not revert to the 1 21 general fund of the state. 1 22 Sec. 2. Section 10A.108, subsection 1, unnumbered 1 23 paragraph 2, Code 1997, is amended to read as follows: 1 24 A lien under this section shall not attach to any amount of 1 25 inappropriately obtained benefits or provider payments, or 1 26 portions of the benefits or provider payments, attributable to 1 27 errors by the department of human services. Liens shall only 1 28 attach to the amounts of inappropriately obtained benefits or 1 29 provider payments or portions of the benefits or provider 1 30 payments which were obtained due to false, misleading, 1 31 incomplete, or inaccurate information submitted by a person in 1 32 connection with the application for or receipt of benefits or 1 33 provider payments. 1 34 Sec. 3. Section 10A.108, subsection 4, unnumbered 1 35 paragraph 1, Code 1997, is amended to read as follows: 2 1 The county recorder of each county shall prepare and 2 2 maintain in the recorder's office an index of liens of debts 2 3 established based upon benefits or provider payments 2 4 inappropriately obtained from and owed the department of human 2 5 services, which provides appropriate columns for all of the 2 6 following data, under the names of debtors, arranged 2 7 alphabetically: 2 8 Sec. 4. Section 12.40, subsection 3, Code 1997, is amended 2 9 to read as follows: 2 10 3. In order to qualify as an eligible borrower, the rural 2 11 small business must be located in a city with a population of 2 12 five thousand or less. A business in a city located in a 2 13 county with a population in excess of three hundred thousand, 2 14 if the city is contiguous to another city in the county and 2 15 that other city is contiguous to the largest city in that 2 16 county, shall be ineligible to qualify as a borrower. 2 17 Sec. 5. Section 15.114, subsection 1, paragraph c, Code 2 18 1997, is amended to read as follows: 2 19 c. "MicrobusinessMicroenterprise organization" means a 2 20 nonprofit corporation organized under chapter 504A which is 2 21 exempt from taxation pursuant to section 501(c) of the 2 22 Internal Revenue Code and which has a principal mission of 2 23 actively engaging in microbusiness development, training, 2 24 technical assistance, and capital access for the start-up or 2 25 expansion of microbusinesses. 2 26 Sec. 6. Section 15A.7, subsection 4, Code 1997, is amended 2 27 to read as follows: 2 28 4. To provide funds for the payment of the costs of the 2 29 additional project, a community college may borrow money, 2 30 issue and sell certificates, and secure the payment of the 2 31 certificates in the same manner as described in section 2 32 260E.6, including, but not limited to, providing the 2 33 assessment of an annual levy as described in section 260E.6, 2 34 subsection 4. The program and credit authorized by this 2 35subsectionsection are in addition to, and not in lieu of, the 3 1 program and credit authorized in chapter 260E. 3 2 Sec. 7. Section 80.16, Code 1997, is amended to read as 3 3 follows: 3 4 80.16 BONDS. 3 5 All special agents appointed by the commissioner of public 3 6 safety pursuant to section 80.7 shall furnish bond as required 3 7 by the commissioner in the amount of five thousand dollars. 3 8 All members of the state department of public safety excepting 3 9 the members of the clerical force shall be bonded for the 3 10 faithful performance of their duties, in such an amount as the 3 11 commissioner of public safety may deem necessary, but not less 3 12 than five thousand dollars for any one position, and clerical 3 13 employees may be so bonded. Thedirectorcommissioner is 3 14 authorized to purchase bond coverage with departmental funds, 3 15 either in blanket bond form or in individual bond form or in 3 16 any combination thereof. 3 17 Sec. 8. Section 84A.7, subsection 2, Code 1997, is amended 3 18 to read as follows: 3 19 2. IOWA CONSERVATION CORPS ESTABLISHED. The Iowa 3 20 conservation corps is established in this state to provide 3 21 meaningful and productive public service jobs fortheyouth, 3 22theunemployed persons,the disabledpersons with 3 23 disabilities,thedisadvantaged persons, andtheelderly 3 24 persons, and to provide participants with an opportunity to 3 25 explore careers, gain work experience, and contribute to the 3 26 general welfare of their communities and the state. The corps 3 27 shall provide opportunities in the areas of natural resource 3 28 and wildlife conservation, park maintenance and restoration, 3 29 land management, energy savings, community improvement 3 30 projects, tourism, economic development, and work benefiting 3 31 human services programs. The department of workforce 3 32 development shall administer the corps and shall adopt rules 3 33 governing its operation, eligibility for participation, cash 3 34 contributions, and implementation of an incentive program. 3 35 Sec. 9. Section 97A.7, subsection 5, Code 1997, is amended 4 1 by striking the subsection. 4 2 Sec. 10. Section 97B.49, subsection 17, paragraph c, 4 3 subparagraph (1), Code 1997, is amended by striking the 4 4 subparagraph. 4 5 Sec. 11. Section 97B.80, unnumbered paragraph 1, Code 4 6 1997, is amended to read as follows: 4 7 Effective July 1, 1992, a vested or retired member, who at 4 8 any time served on active duty in the armed forces of the 4 9 United States, upon submitting verification of the dates of 4 10 the active duty service, may make employer and employee 4 11 contributions to the system based upon the member's covered 4 12 wages for the most recent full calendar year in which the 4 13 member had reportable wages at the applicable rates in effect 4 14 for that year under sections 97B.11 and 97B.49, for all or a 4 15 portion of the period of time of the active duty service, in 4 16 increments of one or more calendar quarters, and receive 4 17 credit for membership service and prior service for the period 4 18 of time for which the contributions are made. If the member's 4 19 most recent covered wages were earned prior to the most recent 4 20 calendar year, the member's covered wages shall be adjusted by 4 21 the department by an inflation factor to reflect changes in 4 22 the economy. The department shall adjust benefits for a six- 4 23 month period prior to the date the member pays contributions 4 24 under this section if the member is receiving a retirement 4 25 allowance at the time the contribution payment is made. 4 26 Verification of active duty service and payment of 4 27 contributions shall be made to the department. However, a 4 28 member is not eligible to make contributions under this 4 29 section if the member is receiving, is eligible to receive, or 4 30 may in the future be eligible to receive retirement pay from 4 31 the United States government for active duty in the armed 4 32 forces, except for retirement pay granted by the United States 4 33 government under retired pay for nonregular service(10 U.S.C.4 34} 1331, et seq.)pursuant to 10 U.S.C. } 12731–12739. A 4 35 member receiving retired pay for nonregular service who makes 5 1 contributions under this section shall provide information 5 2 required by the department documenting time periods covered 5 3 under retired pay for nonregular service. 5 4 Sec. 12. Section 99D.25A, subsection 2, Code 1997, is 5 5 amended to read as follows: 5 6 2. Phenylbutazone shall not be administered to a horse in 5 7 dosages which would result in concentrations of more than two 5 8 point two micrograms of the substance or its metabolites per 5 9millimetermilliliter of blood. 5 10 Sec. 13. Section 135.11, subsection 16, Code 1997, is 5 11 amended by striking the subsection. 5 12 Sec. 14. Section 135.107, subsection 3, paragraph c, 5 13 subparagraph (2), subparagraph subdivision (a), Code 1997, is 5 14 amended to read as follows: 5 15 (a) Determination of eligibility requirements and 5 16 qualifications of an applicant to receive scholarships under 5 17 the program, including but not limited to years of obligated 5 18 service, clinical practice requirements, and residency 5 19 requirements. One year of obligated service shall be provided 5 20 by the applicant in exchange for each year ofloan repayment5 21 scholarship receipt, unless federal requirements otherwise 5 22 require. 5 23 Sec. 15. Section 137E.1, subsection 11, Code 1997, is 5 24 amended to read as follows: 5 25 11. "Potentially hazardous food" means any food that 5 26 consists in whole or in part of milk or milk products, eggs, 5 27 meat, poultry, fish, shell fish, edible crustacea, or other 5 28 ingredients including synthetic ingredients, in a form capable 5 29 of supporting rapid and progressive growthorof infectious or 5 30 toxigenic microorganisms. The term does not include clean, 5 31 whole, uncracked, odor-free shell eggs or foods which have a 5 32 pH level of 4.5 or below or a water activity (Aw) value of 5 33 0.85 or less. 5 34 Sec. 16. Section 191.3, unnumbered paragraph 1, Code 1997, 5 35 is amended to read as follows: 6 1 Every person owning or in charge of any place where food or 6 2 drink is sold who uses or serves therein imitation cheese, as6 3in this subtitle defined,shall display at all times opposite 6 4 each table or place of service a placard for such imitation, 6 5 with the words "Imitation ........ served here", without other 6 6 matter, printed in black roman letters not less than three 6 7 inches in height and two inches in width, on a white card 6 8 twelve by twenty-two inches in dimensions. 6 9 Sec. 17. Section 229.33, Code 1997, is amended to read as 6 10 follows: 6 11 229.33 HEARING. 6 12 If, on such report and statement, and the hearing of 6 13 testimony if any is offered, the judge shall find that such 6 14 person is not seriously mentally impaired, the judge shall 6 15 order the person's discharge; if the contrary, the judge shall 6 16 so state, and authorize the continued detention of the person, 6 17 subject to all applicable requirements ofthis Actchapter 6 18 229. 6 19 Sec. 18. Section 230.6, subsection 1, Code 1997, is 6 20 amended to read as follows: 6 21 1. If the administrator finds that the decision of the 6 22 court as to legal settlement is correct, the administrator 6 23 shall cause said patient either to be transferred to a state 6 24 hospital for persons with mental illness at the expense of the 6 25 state, or to be transferred, with approval of the court as 6 26 required bythis Actchapter 229 to the place of foreign 6 27 settlement. 6 28 Sec. 19. Section 230.7, Code 1997, is amended to read as 6 29 follows: 6 30 230.7 TRANSFER OF NONRESIDENTS. 6 31 Upon determining that a patient in a state hospital who has 6 32 been involuntarily hospitalized underthis Actchapter 229 or 6 33 admitted voluntarily at public expense was not a resident of 6 34 this state at the time of the involuntary hospitalization or 6 35 admission, the administrator may cause that patient to be 7 1 conveyed to the patient's place of residence. However, a 7 2 transfer under this section may be made only if the patient's 7 3 condition so permits and other reasons do not render the 7 4 transfer inadvisable. If the patient was involuntarily 7 5 hospitalized, prior approval of the transfer must be obtained 7 6 from the court which ordered the patient hospitalized. 7 7 Sec. 20. Section 231.53, Code 1997, is amended to read as 7 8 follows: 7 9 231.53 COORDINATION WITH JOB TRAINING PARTNERSHIP ACT. 7 10 The employment and training program administered by the 7 11 department shall be coordinated with the training program for 7 12 older individuals administered by the department ofeconomic7 13developmentworkforce development under the Job Training 7 14 Partnership Act. 7 15 A proposed annual plan for coordinating these programs 7 16 shall be developed jointly by the department of elder affairs, 7 17the department of economic development,the department of 7 18 education, and the department of workforce development for 7 19 submittal to the state job training coordinating council. The 7 20 state job training coordinating council shall take the 7 21 proposed plan under advisement in preparing a final annual 7 22 plan for coordinating these programs which will be submitted 7 23 to the governor. 7 24 After the end of each annual planning period, the 7 25 department of elder affairs,the department of economic7 26development,the department of education, and the department 7 27 of workforce development shall submit a joint report to the 7 28 state job training coordinating council describing the 7 29 services provided to elderly Iowans, assessing the extent to 7 30 which coordination of programs was achieved, and making 7 31 recommendations for improving coordination. 7 32 Sec. 21. Section 231C.4, Code 1997, is amended to read as 7 33 follows: 7 34 231C.4 FIRE AND SAFETY STANDARDS. 7 35 The state fire marshal shall adopt rules, in coordination 8 1 with the department, relating to the certification or 8 2 voluntary accreditation and monitoring of the fire and safety 8 3 standards of certified or voluntarily accredited assisted 8 4 living programs. 8 5 Sec. 22. Section 232.89, subsection 1, Code 1997, is 8 6 amended to read as follows: 8 7 1. Upon the filing of a petition the parent, guardian, or 8 8 custodian identified in the petition shall have the right to 8 9 counsel in connection with all subsequent hearings and 8 10 proceedings. If that person desires but is financially unable 8 11 to employ counsel, the court shall appoint counsel. However, 8 12 an incarcerated parent without legal custody shall not have 8 13 the right to court-appointed counsel. 8 14 Sec. 23. Section 249F.1, subsection 2, paragraph b, 8 15 subparagraph (6), Code 1997, is amended to read as follows: 8 16 (6) Transfers of assets that would, at the time of the 8 17 transferor's application for medical assistance, have been 8 18 exempt from consideration as a resource ifit had been8 19 retained by the transferor, pursuant to 42 U.S.C. } 1382b(a), 8 20 as implemented by regulations adopted by the secretary of the 8 21 United States department of health and human services. 8 22 Sec. 24. Section 256B.2, subsection 3, unnumbered 8 23 paragraph 1, Code 1997, is amended to read as follows: 8 24 It is the policy of this state to require school districts 8 25 and state operated educational programs to provide or make 8 26 provision, as an integral part of public education, for a free 8 27 and appropriate public education sufficient to meet the needs 8 28 of all children requiring special education. This chapter is 8 29 not to be construed as encouraging separate facilities or 8 30 segregated programs designed to meet the needs of children 8 31 requiring special education when the children can benefit from 8 32 all or part of the education program as offered by the local 8 33 school district. To the maximum extent possible, children 8 34 requiring special education shall attend regular classes and 8 35 shall be educated with children who do not require special 9 1 education. Whenever possible, hindrances to learning and to 9 2 the normal functioning of children requiring special education 9 3 within the regular school environment shall be overcome by the 9 4 provision of special aids and services rather than by separate 9 5 programs for those in need of special education. Special 9 6 classes, separate schooling, or other removal of children 9 7 requiring special education from the regular educational 9 8 environment, shall occur only when, and to the extent that the 9 9 nature or severity of the educational disability is such, that 9 10 education in regular classes, even with the use of 9 11 supplementary aids and services, cannot be accomplished 9 12 satisfactorily. For those children who cannot adapt to the 9 13 regular educational or home living conditions, and who are 9 14 attending facilities under chapters 263, 269, and 270, upon 9 15 the request of the board of directors of an area education 9 16 agency, the department of human services shall provide 9 17 residential or detention facilities and the area education 9 18 agency shall provide special education programs and services. 9 19 The area education agencies shall cooperate with the board of 9 20 regents to provide the services required by thisActchapter. 9 21 Sec. 25. Section 257.21, unnumbered paragraph 2, Code 9 22 1997, is amended to read as follows: 9 23 The instructional support income surtax shall be imposed on 9 24 the state individual income tax for the calendar year during 9 25 which the school's budget year begins, or for a taxpayer's 9 26 fiscal year ending during the second half of that calendar 9 27 year and after the date the board adopts a resolution to 9 28 participate in the program or the first half of the succeeding 9 29 calendar year, and shall be imposed on all individuals 9 30 residing in the school district on the last day of the 9 31 applicable tax year. As used in this section, "state 9 32 individual income tax" means the taxes computed under section 9 33 422.5, less the credits allowed in sections 422.11A, 422.11B, 9 34422.11C,422.12, and 422.12B. 9 35 Sec. 26. Section 257.31, subsection 17, paragraph d, Code 10 1 1997, is amended to read as follows: 10 2 d. Funds transferred to the committee in accordance with 10 3 section 321.34, subsection1222, are appropriated to and may 10 4 be expended for the purposes of the committee, as described in 10 5 this section. However, highest priority shall be given to 10 6 districts that meet the conditions described in this 10 7 subsection. Notwithstanding any other provision of the Code, 10 8 unencumbered or unobligated funds transferred to the committee 10 9 pursuant to section 321.34, subsection1222, remaining on 10 10 June 30 of the fiscal year for which the funds were 10 11 transferred, shall not revert but shall be available for 10 12 expenditure for the purposes of this subsection in subsequent 10 13 fiscal years. 10 14 Sec. 27. Section 260C.39, unnumbered paragraphs 3 and 4, 10 15 Code 1997, are amended by striking the unnumbered paragraphs. 10 16 Sec. 28. Section 260C.45, unnumbered paragraph 3, Code 10 17 1997, is amended by striking the paragraph. 10 18 Sec. 29. Section 260C.46, Code 1997, is amended to read as 10 19 follows: 10 20 260C.46 PROGRAM AND ADMINISTRATIVE SHARING. 10 21 By September 1, 1990, the department shall establish 10 22 guidelines and an approval process for program sharing 10 23 agreements and for administrative sharing agreements entered 10 24 into by two or more community colleges or by a community 10 25 college and a higher education institution under the control 10 26 of the board of regents. Guidelines established shall be 10 27 designed to increase student access to programs, enhance 10 28 educational program offerings throughout the state, and 10 29 enhance interinstitutional cooperation in program offerings. 10 30A community college must submit an application and obtain10 31approval from the department in order to become eligible to10 32receive funds from the community college excellence 200010 33account under section 260D.14A for an administrative sharing10 34or program sharing agreement. The application shall describe10 35the sharing agreement, costs, and benefits associated with the11 1sharing proposal.11 2 Sec. 30. Section 260F.8, subsection 1, Code 1997, is 11 3 amended to read as follows: 11 4 1. For each fiscal year, the department shall make funds 11 5 available to the community colleges. The department shall 11 6 allocate by formula from the moneys in the fund an amount for 11 7 each community college to be used to provide the financial 11 8 assistance for proposals of businesses whose applications have 11 9 been approved by the department. The financial assistance 11 10 shall be provided by the department from the amount set aside 11 11 for that community college. If any portion of the moneys set 11 12 aside for a community college have not been used or committed 11 13 by May 1 of the fiscal year, that portion is available for use 11 14 by the department to provide financial assistance to 11 15 businesseslocated inapplying to other community colleges. 11 16 The department shall adopt by rule a formula for this set- 11 17 aside. 11 18 Sec. 31. Section 282.18, subsection 7, Code 1997, is 11 19 amended to read as follows: 11 20 7. A pupil participating in open enrollment shall be 11 21 counted, for state school foundation aid purposes, in the 11 22 pupil's district of residence. A pupil's residence, for 11 23 purposes of this section, means a residence under section 11 24 282.1. The board of directors of the district of residence 11 25 shall pay to the receiving district the state cost per pupil 11 26 for the previous school year, plus any moneys received for the 11 27 pupil as a result of the non-English speaking weighting under 11 28 section 280.4, subsection 3, for the previous school year 11 29 multiplied by the state cost per pupil for the previous year. 11 30 The district of residence shall also transmit the phase III 11 31 moneys allocated to the district for the previous year for the 11 32 full-time equivalent attendance of the pupil, who is the 11 33 subject of the request, to the receiving district specified in 11 34 the request for transfer. 11 35 Sec. 32. Section 282.18, subsection 9, unnumbered 12 1 paragraph 2, Code 1997, is amended to read as follows: 12 2 If a request to transfer is due to a change in family 12 3 residence, change in the state in which the family residence 12 4 is located, a change in a child's parents' marital status, a 12 5 guardianship proceeding, placement in foster care, adoption, 12 6 participation in a foreign exchange program, or participation 12 7 in a substance abuse or mental health treatment program, and 12 8 the child, who is the subject of the request, is not currently 12 9 using any provision of open enrollment, the parent or guardian 12 10 of the child shall have the option to have the child remain in 12 11 the child's original district of residence under open 12 12 enrollment with no interruption in the child's educational 12 13 program. If a parent or guardian exercises this option, the 12 14 child's new district of residence is not required to pay the 12 15lower of the two district costs per pupil or other costs to12 16the receiving districtamount calculated in subsection 7, 12 17 until the start of the first full year of enrollment of the 12 18 child. 12 19 Sec. 33. Section 321.210, subsection 1, unnumbered 12 20 paragraph 1, Code 1997, is amended to read as follows: 12 21 The department is authorized to establish rules providing 12 22 for the suspension of the license of an operator upontwenty12 23 thirty days' notice and without preliminary hearing upon a 12 24 showing by its records or other sufficient evidence that the 12 25 licensee: 12 26 Sec. 34. Section 321E.14, unnumbered paragraph 2, Code 12 27 1997, is amended by striking the paragraph. 12 28 Sec. 35. Section 321L.1, subsection 4, paragraph a, Code 12 29 1997, is amended to read as follows: 12 30 a. A handicapped registration plate issued to or for a 12 31 handicapped person under section 321.34, subsection714. 12 32 Sec. 36. Section 331.438, subsection 2, Code 1997, is 12 33 amended to read as follows: 12 34 2. Except as modified based upon the actual amount of the 12 35 appropriation for purposes of state payment under section 13 1 331.439, the amount of the state payment for a fiscal year 13 2 shall be calculated by applying theinflationallowed growth 13 3 factor adjustment established in accordance with section 13 4 331.439, subsection 3, for that fiscal year to the amount of 13 5 county expenditures for qualified services in the previous 13 6 fiscal year. A state payment is the state funding a county 13 7 receives pursuant to section 426B.2, subsection 2. Any state 13 8 funding received by a county for property tax relief in 13 9 accordance with section 426B.2, subsections 1 and 3, is not a 13 10 state payment and shall not be included in the state payment 13 11 calculation made pursuant to this subsection. 13 12 Sec. 37. Section 331.602, subsection 14, Code 1997, is 13 13 amended by striking the subsection. 13 14 Sec. 38. Section 372.4, unnumbered paragraph 2, Code 1997, 13 15 is amended to read as follows: 13 16 However, a city governed, onthe effective date of this13 17sectionJuly 1, 1975, by the mayor-council form composed of a 13 18 mayor and a council consisting of two council members elected 13 19 at large, and one council member from each of four wards, or a 13 20 special charter city governed, onthe effective date of this13 21sectionJuly 1, 1975, by the mayor-council form composed of a 13 22 mayor and a council consisting of two council members elected 13 23 at large and one council member elected from each of eight 13 24 wards, may continue until the form of government is changed as 13 25 provided in section 372.2 or section 372.9. While a city is 13 26 thus operating with an even number of council members, the 13 27 mayor may vote to break a tie vote on motions not involving 13 28 ordinances, resolutions or appointments made by the council 13 29 alone, and in a special charter city operating with ten 13 30 council members under this section, the mayor may vote to 13 31 break a tie vote on all measures. 13 32 Sec. 39. Section 372.5, unnumbered paragraph 3, Code 1997, 13 33 is amended to read as follows: 13 34 However, a city governed, onthe effective date of this13 35sectionJuly 1, 1975, by the commission form and having a 14 1 council composed of a mayor and two council members elected at 14 2 large may continue with a council of three until the form of 14 3 government is changed as provided in section 372.2 or section 14 4 372.9 or without changing the form, may submit to the voters 14 5 the question of increasing the council to five members 14 6 assigned to the five departments as set out in this section. 14 7 Sec. 40. Section 372.12, unnumbered paragraph 1, Code 14 8 1997, is amended to read as follows: 14 9 A city may not adopt the special charter form but a city 14 10 governed by a special charter onthe effective date of the14 11city codeJuly 1, 1975, is considered to have the special 14 12 charter form although it may utilize elements of the mayor- 14 13 council form in conjunction with the provisions of its special 14 14 charter. In adopting and filing its charter as required in 14 15 section 372.1, a special charter city shall include the 14 16 provisions of its charter and any provisions of the mayor- 14 17 council form which are followed by the city onthe effective14 18date of the city codeJuly 1, 1975. 14 19 Sec. 41. Section 421.16, Code 1997, is amended to read as 14 20 follows: 14 21 421.16 EXPENSES. 14 22 The director, deputy directors,secretary,andassistants14 23 department employees are entitled to receive from the state 14 24 their actual necessary expenses while traveling on the 14 25 business of the department. The expenditures shall be sworn 14 26 to by the party who incurred the expense, and approved and 14 27 allowed by the director. However, such expenses shall not be 14 28 allowed residents of Polk county while in the city of Des 14 29 Moines or traveling between their homes and the city of Des 14 30 Moines. 14 31 Sec. 42. Section 422.6, unnumbered paragraph 1, Code 1997, 14 32 is amended to read as follows: 14 33 The tax imposed by section 422.5 less the credits allowed 14 34 under sections 422.10, 422.11A, and 422.11B,and 422.11C,and 14 35 the personal exemption credit allowed under section 422.12 15 1 apply to and are a charge against estates and trusts with 15 2 respect to their taxable income, and the rates are the same as 15 3 those applicable to individuals. The fiduciary shall make the 15 4 return of income for the estate or trust for which the 15 5 fiduciary acts, whether the income is taxable to the estate or 15 6 trust or to the beneficiaries. 15 7 Sec. 43. Section 422.10, unnumbered paragraph 2, Code 15 8 1997, is amended to read as follows: 15 9 Any credit in excess of the tax liability imposed by 15 10 section 422.5 less the credits allowed under sections 422.11A, 15 11422.11C,422.12, and 422.12B for the taxable year shall be 15 12 refunded with interest computed under section 422.25. In lieu 15 13 of claiming a refund, a taxpayer may elect to have the 15 14 overpayment shown on the taxpayer's final, completed return 15 15 credited to the tax liability for the following taxable year. 15 16 Sec. 44. Section 422.12C, subsection 1, unnumbered 15 17 paragraph 1, Code 1997, is amended to read as follows: 15 18 The taxes imposed under this division, less the credits 15 19 allowed under sections 422.11A, 422.11B,422.11C,422.12, and 15 20 422.12B shall be reduced by a child and dependent care credit 15 21 equal to the following percentages of the federal child and 15 22 dependent care credit provided in section 21 of the Internal 15 23 Revenue Code: 15 24 Sec. 45. Section 422.26, unnumbered paragraph 2, Code 15 25 1997, is amended to read as follows: 15 26 The lien shall attach at the time the tax becomes due and 15 27 payable and shall continue for ten years from the date an 15 28 assessment is issued unless sooner released or otherwise 15 29 discharged. The lien may, within ten years from the date an 15 30 assessment is issued, be extended by filing for record a 15 31 notice with the appropriate county official of any county and 15 32 from the time of such filing, the lien shall be extended to 15 33 the property in such county for ten years, unless sooner 15 34 released or otherwise discharged, with no limit on the number 15 35 of extensions.Liens having attached prior to January 1,16 11969, will expire on January 1, 1979, unless extended by the16 2director.The director shall charge off any account whose 16 3 lien is allowed to lapse and may charge off any account and 16 4 release the corresponding lien before the lien has lapsed if 16 5 the director determines under uniform rules prescribed by the 16 6 director that the account is uncollectible or collection costs 16 7 involved would not warrant collection of the amount due. 16 8 Sec. 46. Section 422D.2, Code 1997, is amended to read as 16 9 follows: 16 10 422D.2 LOCAL INCOME SURTAX. 16 11 A county may impose by ordinance a local income surtax as 16 12 provided in section 422D.1 at the rate set by the board of 16 13 supervisors, of up to one percent, on the state individual 16 14 income tax of each individual residing in the county at the 16 15 end of the individual's applicable tax year. However, the 16 16 cumulative total of the percents of income surtax imposed on 16 17 any taxpayer in the county shall not exceed twenty percent. 16 18 The reason for imposing the surtax and the amount needed shall 16 19 be set out in the ordinance. The surtax rate shall be set to 16 20 raise only the amount needed. For purposes of this section, 16 21 "state individual income tax" means the tax computed under 16 22 section 422.5, less the credits allowed in sections 422.11A, 16 23 422.11B,422.11C,422.12, and 422.12B. 16 24 Sec. 47. Section 424.18, Code 1997, is amended to read as 16 25 follows: 16 26 424.18 EFFECTIVE DATE. 16 27 The environmental protection charge is imposed beginning 16 28 July 1, 1989. For all deposits subject to the charge made on 16 29 or after July 1, 1989, the depositor and receiver are 16 30 obligated to pay the charge as provided in this chapter.The16 31amount of the initial environmental protection charge as16 32calculated after determination of the cost factor by the board16 33and the required forms and procedures shall be published in16 34the Iowa administrative bulletin prior to July 1, 1989.16 35 Sec. 48. Section 425.40, Code 1997, is amended to read as 17 1 follows: 17 2 425.40 LOW-INCOME FUND CREATED. 17 3 1. A low-income tax credit and reimbursement fund is 17 4 created. 17 5 2. If the amount appropriatedunder subsection 1 plus any17 6supplemental appropriation madefor purposes of this section 17 7 for a fiscal year is insufficient to pay all claims in full, 17 8 the director shall pay, in full, all claims to be paid during 17 9 the fiscal year for reimbursement of rent constituting 17 10 property taxes paid or if moneys are insufficient to pay all 17 11 such claims on a pro rata basis. If the amount of claims for 17 12 credit for property taxes due to be paid during the fiscal 17 13 year exceed the amount remaining after payment to renters, the 17 14 director of revenue and finance shall prorate the payments to 17 15 the counties for the property tax credit. In order for the 17 16 director to carry out the requirements of this subsection, 17 17 notwithstanding any provision to the contrary in this 17 18 division, claims for reimbursement for rent constituting 17 19 property taxes paid filed before May 1 of the fiscal year 17 20 shall be eligible to be paid in full during the fiscal year 17 21 and those claims filed on or after May 1 of the fiscal year 17 22 shall be eligible to be paid during the following fiscal year 17 23 and the director is not required to make payments to counties 17 24 for the property tax credit before June 15 of the fiscal year. 17 25 Sec. 49. Section 427A.12, subsection 5, Code 1997, is 17 26 amended to read as follows: 17 27 5. For each state fiscal year ending with or before the 17 28 year in which the ninth increase in the additional personal 17 29 property tax credit under this division becomes effective, 17 30 each taxing district shall be reimbursed from the personal 17 31 property tax replacement fund in an amount equal to its 17 32 personal property tax replacement base multiplied by a 17 33 fraction the numerator of which is the total assessed value of 17 34 all personal property, excluding livestock, in the taxing 17 35 district, on which taxes are not payable during the fiscal 18 1 year because of the various tax credits granted by this 18 2 chapter, and the denominator of which is the total assessed 18 3 value of all personal property in the taxing district, 18 4 excluding livestock but including other personal property 18 5 eligible for tax credits granted by this chapter.For the18 6half year beginning January 1, 1974, and ending June 30, 1974,18 7the amount of reimbursement shall be half the amount18 8determined pursuant to this subsection.The county auditor 18 9 shall certify and forward to the director of the department of 18 10 management and the director of revenue and finance, at the 18 11 times and in the form directed by the director of the 18 12 department of management, any information needed for the 18 13 purposes of this subsection. The director of the department 18 14 of management shall make any necessary corrections and certify 18 15 the appropriate information to the director of revenue and 18 16 finance. 18 17 Sec. 50. Section 427A.12, subsection 6, Code 1997, is 18 18 amended to read as follows: 18 19 6. The amount due each taxing district shall be paid in 18 20 the form of warrants payable to the respective county 18 21 treasurers by the director of revenue and finance on May 15 of 18 22 each fiscal year, taking into consideration the relative 18 23 budget and cash position of the state resources.For the18 24fiscal year beginning July 1, 1984 and ending June 30, 1985,18 25one-half of the amount due each taxing district shall be paid18 26to the respective county treasurers by the state comptroller18 27on May 15, 1985.For the fiscal year beginning July 1, 1985 18 28 and ending June 30, 1986, and for each succeeding fiscal year 18 29 the amount due each taxing district shall be paid in the form 18 30 of warrants payable to the respective county treasurers by the 18 31 director of revenue and finance on July 15 and May 15 of that 18 32 fiscal year, taking into consideration the relative budget and 18 33 cash position of the state resources. The July 15 payment 18 34 shall be equal to the amount paid on May 15 of the preceding 18 35 fiscal year and the payments received shall be an account 19 1 receivable for each taxing district for the preceding fiscal 19 2 year. The May 15 payment is equal to one-half of the amount 19 3 of the additional personal property tax credit payable for the 19 4 fiscal year. The county treasurer shall pay the proceeds to 19 5 the various taxing districts in the county. 19 6 Sec. 51. Section 441.21, subsection 4, Code 1997, is 19 7 amended by striking the subsection. 19 8 Sec. 52. Section 441.46, unnumbered paragraph 2, Code 19 9 1997, is amended to read as follows: 19 10The assessment date for property taxes for the fiscal19 11period beginning January 1, 1973 and ending June 30, 1974 and19 12which became delinquent during the fiscal period beginning19 13January 1, 1974 and ending June 30, 1975, was January 1, 1973.19 14The assessment date for property taxes for the fiscal year19 15beginning July 1, 1974 and ending June 30, 1975 and which19 16became delinquent during the fiscal year beginning July 1,19 171975 and ending June 30, 1976, was January 1, 1974.19 18Thereafter, theThe assessment date is January 1 for taxes for 19 19 the fiscal year which commences six months after the 19 20 assessment date and which become delinquent during the fiscal 19 21 year commencing eighteen months after the assessment date. 19 22 Sec. 53. Section 441.73, subsections 2 and 4, Code 1997, 19 23 are amended to read as follows: 19 24 2. If the director of revenue and finance determines that 19 25 foreseeable litigation expenses will exceed the amount 19 26 available from appropriations made to the department of 19 27 revenue and finance, the director of revenue and finance may 19 28 apply to the executive council for use of funds on deposit in 19 29 the litigationdefenseexpense fund. The initial application 19 30 for approval shall include an estimate of potential litigation 19 31 expenses, allocated to each of the next four succeeding 19 32 calendar quarters and substantiated by a breakdown of all 19 33 anticipated costs for legal counsel, expert witnesses, and 19 34 other applicable litigation expenses. 19 35 4. The executive council shall transfer for the fiscal 20 1 year beginning July 1, 1992, and each fiscal year thereafter, 20 2 from funds established in sections 405A.8, 425.1, and 426.1, 20 3 an amount necessary to pay litigation expenses.However, the20 4amount of funds transferred to the litigation expense fund for20 5the fiscal year beginning July 1, 1992, shall not exceed three20 6hundred fifty thousand dollars and theThe amount of the fund 20 7 forthe succeedingeach fiscalyearsyear shall not exceed 20 8 seven hundred thousand dollars. The executive council shall 20 9 determine annually the proportionate amounts to be transferred 20 10 from the three separate funds. At any time when no litigation 20 11 is pending or in progress the balance in the litigation 20 12defenseexpense fund shall not exceed one hundred thousand 20 13 dollars. Any excess moneys shall be transferred in a 20 14 proportionate amount back to the funds from which they were 20 15 originally transferred. 20 16 Sec. 54. Section 457B.1, article V, paragraph c, Code 20 17 1997, is amended to read as follows: 20 18 c. If a party state's right to have waste generated within 20 19 its borders disposed of at compact facilities, or at any 20 20 noncompact facility made available to the region by an 20 21 agreement entered into by the commission under article III, 20 22 section h, subsection 6, is suspended, low-level radioactive 20 23 waste generated within its borders by any person shall not be 20 24 disposed of at any such facility during the period of the 20 25 suspension. 20 26 Sec. 55. Section 462A.77, subsection 3, paragraph b, Code 20 27 1997, is amended to read as follows: 20 28 b. A person who is the owner of a vessel that is 20 29 documented with the United States coast guard is not required 20 30 to file an application for a certificate of title for the 20 31 vessel and the vessel is exempt from the requirements of 20 32sectionssection 462A.82, subsections 1 and 2, and section 20 33 462A.84. 20 34 Sec. 56. Section 499.4, Code 1997, is amended to read as 20 35 follows: 21 1 499.4 USE OF TERM "COOPERATIVE" RESTRICTED. 21 2 No person or firm, and no corporation hereafter organized, 21 3 which is not an association as definedhereinin this chapter 21 4 or a cooperative as defined in chapter 501, shall use the word 21 5 "cooperative" or any abbreviation thereof in its name or 21 6 advertising or in any connection with its business, except 21 7 foreign associations admitted under section 499.54. The 21 8 attorney general or any association or any member thereof may 21 9 sue and enjoin such use. 21 10 Sec. 57. Section 501.404, subsection 1, paragraph b, Code 21 11 1997, is amended to read as follows: 21 12 b. The material facts of the transaction and the 21 13 director's interest were disclosed or known to the 21 14 shareholders entitled to vote and they authorized, approved, 21 15 or ratified the transaction. For purposes of this paragraph, 21 16 a conflict of interest transaction is authorized, approved, or 21 17 ratified if it receives a majority of the votes entitled to be 21 18 counted under this paragraph. Shares owned by or voted under 21 19 the control of a director who has a direct or indirect 21 20 interest in the transaction, and shares owned by or voted 21 21 under the control of an entity described in subsection 2, 21 22 paragraph "a", shall not be counted in a vote of members to 21 23 determine whether to authorize, approve, or ratify a conflict 21 24 of interest transaction under this paragraph. The vote of 21 25 those shares, however, is counted in determining whether the 21 26 transaction is approved under other sections of this chapter. 21 27 A majority of the votes, whether or not the shareholders are 21 28 present, that are entitled to be counted in a vote on the 21 29 transaction under this paragraph constitutes a quorum for the 21 30 purpose of taking action under this paragraph. 21 31 Sec. 58. Section 501.408, Code 1997, is amended to read as 21 32 follows: 21 33 501.408 INDEMNIFICATION. 21 34 A cooperative may indemnify a present or former director, 21 35 officer, employee, or agent in the manner and in the instances 22 1 authorized in sections 490.850 through 490.858, provided that 22 2 where these sections provide for action by the shareholders 22 3 these sections are applicable to actions by the members, and 22 4 where these sections refer to thecooperativecorporation 22 5 these sections are applicable to a cooperative. 22 6 Sec. 59. Section 502.207B, Code 1997, is amended to read 22 7 as follows: 22 8 502.207B LEGISLATIVE REVIEW AND OVERSIGHT. 22 9 The director of revenue and finance and the administrator 22 10 of the securities bureau of the insurance division shall each 22 11 report on an annual basis to the senate's and house of 22 12 representatives' committees on ways and means concerning 22 13issuers using the seed capital tax credit, as authorized for22 14personal taxpayers by section 422.11C and for corporate22 15taxpayers by section 422.33, subsection 8, andthe expedited 22 16 filing by registration system provided by section 502.207A. 22 17 Sec. 60. Section 502.404, Code 1997, is amended to read as 22 18 follows: 22 19 502.404 PROHIBITED TRANSACTIONS OF BROKER-DEALERS AND 22 20 AGENTS. 22 21 A broker-dealer or agent shall not effect a transaction in, 22 22 or induce or attempt to induce the purchase or sale of, any 22 23 security in this state by means of any manipulative, deceptive 22 24 or other fraudulent scheme, device, or contrivance, fictitious 22 25 quotation, or in violation of thisActchapter or any rule or 22 26 order hereunder. A broker-dealer or agent shall not recommend 22 27 to a customer the purchase, sale or exchange of a security 22 28 without reasonable grounds to believe that the transaction or 22 29 recommendation is suitable for the customer based upon 22 30 reasonable inquiry concerning the customer's investment 22 31 objectives, financial situation and needs, and other relevant 22 32 information known by the broker-dealer. 22 33 Sec. 61. Section 505.8, subsection 2, Code 1997, is 22 34 amended to read as follows: 22 35 2. The commissioner shall, subject to chapter 17A, 23 1 establish, publish, and enforce rules not inconsistent with 23 2 law for the enforcement of this subtitle and for the 23 3 enforcement of the laws, the administration and supervision of 23 4 which are imposed on the division, including rules to 23 5 establish fees sufficient to administer the laws, where 23 6 appropriate fees are not otherwise provided for in rule or 23 7 statute, and as necessary to obtain from persons authorized to 23 8 do business in the state or regulated by the division that 23 9 data requiredpursuant to former section 145.3by thestate23 10health data commissioncommunity health management information 23 11 system. 23 12 Sec. 62. Section 523A.2, subsection 1, paragraph d, Code 23 13 1997, is amended to read as follows: 23 14 d. A financial institution referred to in paragraph "a" 23 15 shall file notice with the commissioner of all funds deposited 23 16 under the trust agreement. The notice shall be on forms 23 17 prescribed by the commissioner and shall be filed not later 23 18 than March 1 of each year. Each notice shall contain the 23 19 required information for all deposits made during the previous 23 20 calendar year. Forms may be obtained from the commissioner. 23 21 The commissioner may acceptannual reportsnotices submitted 23 22 in an electronic format, such as computer diskettes. 23 23 Sec. 63. Section 523E.2, subsection 1, paragraph d, Code 23 24 1997, is amended to read as follows: 23 25 d. A financial institution referred to in paragraph "a" 23 26 shall file notice with the commissioner of all funds deposited 23 27 under the trust agreement. The notice shall be on forms 23 28 prescribed by the commissioner and shall be filed not later 23 29 than March 1 of each year. Each notice shall contain the 23 30 required information for all deposits made during the previous 23 31 calendar year. Forms may be obtained from the commissioner. 23 32 The commissioner may acceptannual reportsnotices submitted 23 33 in an electronic format, such as computer diskettes. 23 34 Sec. 64. Section 524.1802, subsection 2, Code 1997, is 23 35 amended to read as follows: 24 1 2. A bank holding company shall not acquire a bank or bank 24 2 holding company pursuant to section 524.1805or 524.1903if, 24 3 following that acquisition, those state and national banks 24 4 located in this state in which out-of-state bank holding 24 5 companies directly or indirectly control more than twenty-five 24 6 percent of the voting shares or have the power to control in 24 7 any manner the election of the majority of directors would 24 8 have, in the aggregate, more than thirty-five percent of the 24 9 sum of the total time and demand deposits of all state and 24 10 national banks located in this state plus the total time and 24 11 demand deposits of all offices located in this state of 24 12 savings and loan associations and savings banks, whether 24 13 chartered under the law of this or another state or under 24 14 federal law, as determined by the superintendent on the basis 24 15 of the most recent reports of those financial institutions to 24 16 their supervisory authorities. 24 17 Sec. 65. Section 542B.27, subsection 1, unnumbered 24 18 paragraph 1, Code 1997, is amended to read as follows: 24 19 In addition to any other penalties provided for in this 24 20sectionchapter, the board may by order impose a civil penalty 24 21 upon a person who is not licensed under this chapter as a 24 22 professional engineer or a land surveyor and who does any of 24 23 the following: 24 24 Sec. 66. Section 542B.35, subsection 2, paragraph c, Code 24 25 1997, is amended to read as follows: 24 26 c. A person who completes the real property inspection 24 27 report shall notrepresent themselves asclaim to be a 24 28 licensed land surveyor or a professional engineer for purposes 24 29 of the report. 24 30 Sec. 67. Section 543B.46, subsection 3, Code 1997, is 24 31 amended to read as follows: 24 32 3. Each broker shall authorize the real estate commission 24 33 to examine each trust account and shall obtain the 24 34 certification of the bank or savings and loan association 24 35 attesting to each trust account and consenting to the 25 1 examination and audit of each account by a duly authorized 25 2 representative of the commission. The certification and 25 3 consent shall be furnished on forms prescribed by the 25 4 commission. This subsection does not apply to an individual 25 5 farm account maintained in the name of the owner or owners for 25 6 the purpose of conducting ongoing farm business whether it is 25 7 conducted by the farm owner or by an agent or farm manager 25 8 when the account is part of a farm management agreement 25 9 between the owner and agent or manager. Thissection25 10 subsection also does not apply to an individual property 25 11 management account maintained in the name of the owner or 25 12 owners for the purpose of conducting ongoing property 25 13 management whether it is conducted by the property owner or by 25 14 an agent or manager when the account is part of a property 25 15 management agreement between the owner and agent or manager. 25 16 Sec. 68. Section 554.2512, subsection 1, paragraph b, Code 25 17 1997, is amended to read as follows: 25 18 b. despite tender of the required documents the 25 19 circumstances would justify injunction against honor underthe25 20provisions ofthis chapter (section 554.5109, subsection 2). 25 21 Sec. 69. Section 554.5116, subsection 4, Code 1997, is 25 22 amended to read as follows: 25 23 4. If there is conflict between this Article and Article 25 24 3, 4,or9, or 12, this Article governs. 25 25 Sec. 70. Section 554.8111, Code 1997, is amended to read 25 26 as follows: 25 27 554.8111 CLEARING CORPORATION RULES. 25 28 A rule adopted by a clearing corporation governing rights 25 29 and obligations among the clearing corporation and its 25 30 participants in the clearing corporation is effective even if 25 31 the rule conflicts with thisArticlechapter and affects 25 32 another party who does not consent to the rule. 25 33 Sec. 71. Section 554.8205, unnumbered paragraph 1, Code 25 34 1997, is amended to read as follows: 25 35 An unauthorized signature placed on a security certificate 26 1 before or in the course of issue is ineffective, but the 26 2 signature is effective in favor of a purchaser for value of 26 3 the certificated security if the purchaser is without notice 26 4 of the lack of authority and the signing has been done by: 26 5 Sec. 72. Section 554.8401, subsection 1, unnumbered 26 6 paragraph 1, Code 1997, is amended to read as follows: 26 7 If a certificated security in registered form is presented 26 8 to an issuer with a request to register transfer or an 26 9 instruction is presented to an issuer with a request to 26 10 register transfer of an uncertificated security, the issuer 26 11 shall register the transfer as requested if: 26 12 Sec. 73. Section 554.9305, Code 1997, is amended to read 26 13 as follows: 26 14 554.9305 WHEN POSSESSION BY SECURED PARTY PERFECTS 26 15 SECURITY INTEREST WITHOUT FILING. 26 16 A security interest inletters of credit (section26 17554.5114),goods, instruments, money, negotiable documents, or 26 18 chattel paper may be perfected by the secured party's taking 26 19 possession of the collateral. A security interest in the 26 20 right to proceeds of a written letter of credit may be 26 21 perfected by the secured party's taking possession of the 26 22 letter of credit. If such collateral other than goods covered 26 23 by a negotiable document is held by a bailee, the secured 26 24 party is deemed to have possession from the time the bailee 26 25 receives notification of the secured party's interest. A 26 26 security interest is perfected by possession from the time 26 27 possession is taken without a relation back and continues only 26 28 so long as possession is retained, unless otherwise specified 26 29 in this Article. The security interest may be otherwise 26 30 perfected as provided in this Article before or after the 26 31 period of possession by the secured party. 26 32 Sec. 74. Section 589.6, Code 1997, is amended to read as 26 33 follows: 26 34 589.6 INSTRUMENTS AFFECTING REAL ESTATE. 26 35 All instruments in writing executed by a corporation before 27 1 July 1, 1996, which are more than one year old, conveying, 27 2 encumbering, or affecting real estate, including releases,or 27 3 satisfactions of mortgages, judgments, or any other liens by 27 4 entry of the release or satisfaction upon the page where the 27 5 lien appears recorded or entered, where the corporate seal of 27 6 the corporation has not been affixed or attached, and which 27 7 are otherwise legally and properly executed, are legal, valid, 27 8 and binding as though the corporate seal had been attached or 27 9 affixed. 27 10 Sec. 75. Section 602.8102, subsection 32, Code 1997, is 27 11 amended by striking the subsection. 27 12 Sec. 76. Section 602.8104, subsection 2, paragraph j, Code 27 13 1997, is amended by striking the paragraph. 27 14 Sec. 77. Section 690.1, Code 1997, is amended to read as 27 15 follows: 27 16 690.1 CRIMINAL IDENTIFICATION. 27 17 Thedirectorcommissioner of public safety may provide in 27 18 the department a bureau of criminal identification. The 27 19directorcommissioner may adopt rules for the same. The 27 20 sheriff of each county and the chief of police of each city 27 21 shall furnish to the department criminal identification 27 22 records and other information as directed by thedirector27 23 commissioner of public safety. 27 24 Sec. 78. Section 724.11, Code 1997, is amended to read as 27 25 follows: 27 26 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS. 27 27 Applications for permits to carry weapons shall be made to 27 28 the sheriff of the county in which the applicant resides. 27 29 Applications from persons who are nonresidents of the state, 27 30 or whose need to go armed arises out of employment by the 27 31 state, shall be made to the commissioner of public safety. In 27 32 either case, the issuance of the permit shall be by and at the 27 33 discretion of the sheriff or commissioner, who shall, before 27 34 issuing the permit, determine that the requirements of 27 35 sections 724.6 to 724.10 have been satisfied. However, the 28 1 training program requirements in section 724.9 may be waived 28 2 for renewal permits. The issuing officer shall collect a fee 28 3 of ten dollars, except from a duly appointed peace officer or 28 4 correctional officer, for each permit issued. Renewal permits 28 5 or duplicate permits shall be issued for a fee of five 28 6 dollars. The issuing officer shall notify the commissioner of 28 7 public safety of the issuance of any permit at least monthly 28 8 and forward to thedirectorcommissioner an amount equal to 28 9 two dollars for each permit issued and one dollar for each 28 10 renewal or duplicate permit issued. All such fees received by 28 11 the commissioner shall be paid to the treasurer of state and 28 12 deposited in the operating account of the department of public 28 13 safety to offset the cost of administering this chapter. Any 28 14 unspent balance as of June 30 of each year shall revert to the 28 15 general fund as provided by section 8.33. 28 16 Sec. 79. Section 901A.1, subsection 2, Code 1997, is 28 17 amended to read as follows: 28 18 2. As used in thissectionchapter, the term "prior 28 19 conviction" includes a plea of guilty, deferred judgment, 28 20 deferred or suspended sentence, or adjudication of 28 21 delinquency. 28 22 28 23 28 24 28 25 RON J. CORBETT 28 26 Speaker of the House 28 27 28 28 28 29 28 30 MARY E. KRAMER 28 31 President of the Senate 28 32 28 33 I hereby certify that this bill originated in the House and 28 34 is known as House File 200, Seventy-seventh General Assembly. 28 35 29 1 29 2 29 3 ELIZABETH ISAACSON 29 4 Chief Clerk of the House 29 5 Approved , 1997 29 6 29 7 29 8 29 9 TERRY E. BRANSTAD 29 10 Governor
Text: HF00199 Text: HF00201 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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