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House File 2395

Partial Bill History

Bill Text

PAG LIN
     0                                         HOUSE FILE 2395
  1  0 
  1  0 AN ACT
  1  0 RELATING TO PUBLIC EXPENDITURE AND REGULATORY MATTERS AND
  1  0    MAKING SUPPLEMENTAL AND OTHER APPROPRIATIONS FOR THE
  1  0    FISCAL YEAR BEGINNING JULY 1, 1997, AND SUBSEQUENT
  1  0    FISCAL YEARS, AND PROVIDING EFFECTIVE DATES.
  1  0 
  1  0 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  0 
  1  1                           DIVISION I
  1  2    Section 1.  DEPARTMENT OF GENERAL SERVICES.  There is
  1  3 appropriated from the general fund of the state to the
  1  4 department of general services for the fiscal year beginning
  1  5 July 1, 1997, and ending June 30, 1998, to supplement the
  1  6 appropriations made in 1997 Iowa Acts, chapter 211, section 6,
  1  7 subsection 5, the following amount, or so much thereof as is
  1  8 necessary, to be used for the purpose designated:
  1  9    For utility costs:  
  1 10 .................................................. $     60,000
  1 11    Sec. 2.  1997 Iowa Acts, chapter 215, section 2,
  1 12 subsections 6 and 7, are amended to read as follows:
  1 13    6.  For the installation of storm drainage, grading, new
  1 14 asphalt, new lighting, and striping of capitol complex parking
  1 15 lots 4 and 5 in accordance with capitol complex renovation
  1 16 plans, provided that not more than $450,000 shall be used for
  1 17 lot 4 and not more than $105,000 shall be used for lot 5, and
  1 18 provided that existing capitol complex construction plans do
  1 19 not conflict with the parking lot improvements:  
  1 20 .................................................. $    555,000
  1 21    7.  For filling cracks, resurfacing, new handicapped
  1 22 parking signs which comply with the provisions of chapter
  1 23 321L, as amended by 1997 Iowa Acts, House File 688, and
  1 24 striping capitol complex parking lots 13, 4, 5, and 15 in
  1 25 accordance with capitol complex renovation plans, provided
  1 26 that not more than $100,750 shall be used for lot 13 and not
  1 27 more than $75,000 shall be used for lot 15, and provided that
  1 28 existing capitol complex construction plans do not conflict
  1 29 with the parking lot improvements:  
  1 30 .................................................. $    175,750
  1 31                                                         730,750
  1 32    Sec. 3.  DEPARTMENT OF CORRECTIONS.  There is appropriated
  1 33 from the rebuild Iowa infrastructure fund to the department of
  1 34 corrections for the fiscal year beginning July 1, 1997, and
  1 35 ending June 30, 1998, the following amount, or so much thereof
  2  1 as is necessary, to be used for the purpose designated:
  2  2    For construction of buildings to provide work space for
  2  3 prisoners:  
  2  4 .................................................. $  2,200,000
  2  5    Notwithstanding section 8.33, unencumbered or unobligated
  2  6 funds remaining on June 30, 2000, from the funds appropriated
  2  7 in this section shall revert to the rebuild Iowa
  2  8 infrastructure fund.
  2  9    Sec. 4.  DEPARTMENT OF EDUCATION – SUBSIDIZATION FUND.
  2 10 There is appropriated from the general fund of the state to
  2 11 the department of education for the fiscal year beginning July
  2 12 1, 1997, and ending June 30, 1998, to supplement the
  2 13 appropriations made in 1997 Iowa Acts, chapter 210, section 2,
  2 14 subsection 2, paragraph "a", the following amount, or so much
  2 15 thereof as is necessary, to be used for the purpose
  2 16 designated:
  2 17    For the subsidization of video rates:  
  2 18 .................................................. $    720,000
  2 19    Sec. 5.  DEPARTMENT OF EDUCATION.  There is appropriated
  2 20 from the general fund of the state to the public broadcasting
  2 21 division of the department of education for the fiscal year
  2 22 beginning July 1, 1997, and ending June 30, 1998, to
  2 23 supplement the appropriations made in 1997 Iowa Acts, chapter
  2 24 212, section 7, subsection 7, the following amount, or so much
  2 25 thereof as is necessary, to be used for the purpose
  2 26 designated:
  2 27    For a study of the digital television conversion:  
  2 28 .................................................. $    150,000
  2 29    Notwithstanding section 8.33, any unobligated or
  2 30 unencumbered funds remaining at the end of the fiscal year
  2 31 shall not revert to the general fund of the state but shall be
  2 32 available for expenditure during the following fiscal year for
  2 33 the purpose designated in this section.
  2 34    Sec. 6.  DEPARTMENT OF NATURAL RESOURCES.  There is
  2 35 appropriated from the general fund of the state to the
  3  1 department of natural resources for the fiscal year beginning
  3  2 July 1, 1997, and ending June 30, 1998, the following amount,
  3  3 or so much thereof as is necessary, to be used for the purpose
  3  4 designated:
  3  5    For the value of sick leave pay that needs to be paid out
  3  6 due to retirement of personnel in the parks and preserves
  3  7 division:  
  3  8 .................................................. $    350,000
  3  9    Sec. 7.  DEPARTMENT OF NATURAL RESOURCES.  There is
  3 10 appropriated from the state fish and game protection fund
  3 11 created in section 456A.17 to the department of natural
  3 12 resources for the fiscal year beginning July 1, 1997, and
  3 13 ending June 30, 1998, the following amount, or so much thereof
  3 14 as is necessary, to be used for the purpose designated:
  3 15    For the value of sick leave pay that needs to be paid out
  3 16 due to retirement of personnel in the fish and wildlife
  3 17 division:  
  3 18 .................................................. $    245,000
  3 19    Sec. 8.  JUDICIAL DEPARTMENT.  There is appropriated from
  3 20 the rebuild Iowa infrastructure fund to the judicial
  3 21 department for the fiscal year beginning July 1, 1997, and
  3 22 ending June 30, 1998, the following amount, or so much thereof
  3 23 as is necessary, to be used for the purpose designated:
  3 24    For design and development of a new judicial building:  
  3 25 .................................................. $  1,700,000
  3 26    Notwithstanding section 8.33, unencumbered or unobligated
  3 27 funds remaining on June 30, 2000, from the funds appropriated
  3 28 in this section shall revert to the rebuild Iowa
  3 29 infrastructure fund on August 31, 2000.  
     0    Sec. 9.  ENHANCED COURT COLLECTIONS FUND.  Notwithstanding
  3 31 section 602.1304, subsection 2, for the fiscal year beginning
  3 32 July 1, 1997, and ending June 30, 1998, the maximum deposit
  3 33 amount for the enhanced court collections fund shall be
  3 34 $6,000,000.  For succeeding fiscal years, the maximum deposit
  3 35 amount shall be determined in accordance with section
  4  1 602.1304, subsection 2, and the maximum deposit amount shall
  4  2 not be increased due to the increase made in this section.
  4  3    Sec. 10.  1997 Iowa Acts, chapter 215, section 11, is
  4  4 amended to read as follows:
  4  5    SEC. 11.  There is appropriated from the marine fuel tax
  4  6 receipts deposited in the general fund of the state to the
  4  7 department of natural resources for the fiscal year beginning
  4  8 July 1, 1997, and ending June 30, 1998, the following amount,
  4  9 or so much thereof as is necessary, to be used for the purpose
  4 10 designated:
  4 11    For the purpose of funding capital projects funded from
  4 12 marine fuel tax receipts for the purposes specified in section
  4 13 452A.79:  
  4 14 .................................................. $  1,800,000
  4 15    Notwithstanding section 8.33, unencumbered or unobligated
  4 16 funds remaining on June 30, 1998 1999, from the funds
  4 17 appropriated in this section, shall revert to the general fund
  4 18 of the state on August 31, 1998 1999.  
     0    Sec. 11.  EFFECTIVE DATE.  This division of this Act, being
  4 20 deemed of immediate importance, takes effect upon enactment.  
  4 21                           DIVISION II
  4 22    Sec. 12.  EXCESS LOTTERY REVENUES FISCAL YEAR 1994-1995.
  4 23 Of the lottery revenues received during the fiscal year
  4 24 beginning July 1, 1994, which remain in the lottery fund
  4 25 following the transfers made pursuant to 1995 Iowa Acts,
  4 26 chapter 220, section 16, 1996 Iowa Acts, chapter 1219, section
  4 27 14, and 1997 Iowa Acts, chapter 209, section 10, the following
  4 28 amounts are appropriated or so much thereof as is necessary,
  4 29 for the fiscal year beginning July 1, 1997, and ending June
  4 30 30, 1998, to be used for the purposes designated:
  4 31    1.  To the department of general services, division of
  4 32 information and technology services, for development and other
  4 33 start-up costs to establish a single contact repository
  4 34 implementing the provisions of this Act requiring the
  4 35 establishment of a single contact repository and first-year
  5  1 operational costs of the repository:  
  5  2 .................................................. $    125,000
  5  3    2.  To the department of human services for a grant to a
  5  4 county with a population between 168,000 and 175,000 for
  5  5 implementation of the county's runaway assessment and
  5  6 treatment plan under section 232.195:  
  5  7 .................................................. $    125,000
  5  8    The grant shall be administered by the county's board of
  5  9 supervisors in consultation with the local runaway and
  5 10 treatment task force.  
  5 11    3.  To the department of personnel for support of 2.00 FTEs
  5 12 in program administration and development for the deferred
  5 13 compensation program in addition to other authorized full-time
  5 14 equivalent positions in fiscal year 1998-1999:  
  5 15 .................................................. $    125,000
  5 16    4.  To the department of agriculture and land stewardship
  5 17 for the state-federal laboratory for operation and testing:  
  5 18 .................................................. $    109,000
  5 19    Any lottery revenues remaining in the lottery fund at the
  5 20 end of the fiscal year beginning July 1, 1997, as a result of
  5 21 not being appropriated or as a result of a veto of any
  5 22 appropriation made in this section shall be transferred to the
  5 23 general fund of the state.  Notwithstanding section 8.33,
  5 24 moneys appropriated in this section which remain unobligated
  5 25 or unexpended for the purpose designated shall not revert at
  5 26 the end of the fiscal year beginning July 1, 1997, but shall
  5 27 remain available for the purpose designated in the succeeding
  5 28 fiscal year.  Moneys which revert at the end of the succeeding
  5 29 fiscal year shall be transferred to the general fund of the
  5 30 state.
  5 31    Sec. 13.  BUILDING INSPECTION.
  5 32    1.  The appropriation made in 1998 Iowa Acts, House File
  5 33 2498, if enacted, to the department of inspections and
  5 34 appeals, health facilities division, is reduced by $90,000.
  5 35 The requirement in that appropriation for the health
  6  1 facilities division to use $90,000 to pay the salary, support,
  6  2 and miscellaneous expenses of a building inspector position is
  6  3 void and the provisions of subsection 2 are substituted in
  6  4 lieu of that requirement.
  6  5    2.  Notwithstanding section 8.33 and the reversionary
  6  6 provisions of 1997 Iowa Acts, chapter 209, section 10,
  6  7 unnumbered paragraph 2, of the moneys appropriated in 1997
  6  8 Iowa Acts, chapter 209, section 10, subsection 5, which remain
  6  9 unobligated or unexpended at the close of the fiscal year
  6 10 beginning July 1, 1997, $90,000, or so much thereof as is
  6 11 available, shall not revert but shall be transferred to the
  6 12 department of inspections and appeals, health facilities
  6 13 division.  The transferred moneys shall be used in the
  6 14 succeeding fiscal year to contract for the performance of
  6 15 building inspections.  Moneys transferred pursuant to this
  6 16 section which revert at the end of the fiscal year beginning
  6 17 July 1, 1998, shall be transferred to the general fund of the
  6 18 state.
  6 19    Sec. 14.  FISCAL YEAR 1998-1999 LOTTERY TRANSFER.
  6 20 Notwithstanding the requirement in section 99E.10, subsection
  6 21 1, to transfer lottery revenue remaining after expenses are
  6 22 deducted, notwithstanding the requirement under section
  6 23 99E.20, subsection 2, for the commissioner to certify and
  6 24 transfer a portion of the lottery fund to the CLEAN fund, and
  6 25 notwithstanding the appropriations and allocations in section
  6 26 99E.34, all lottery revenues received during the fiscal year
  6 27 beginning July 1, 1998, and ending June 30, 1999, after
  6 28 deductions as provided in section 99E.10, subsection 1, and as
  6 29 appropriated under any Act of the Seventy-seventh General
  6 30 Assembly, 1998 Session, shall not be transferred to and
  6 31 deposited into the CLEAN fund but shall be transferred and
  6 32 credited to the general fund of the state.
  6 33    Sec. 15.  EFFECTIVE DATE.  This division of this Act, being
  6 34 deemed of immediate importance, takes effect upon enactment.  
  6 35                          DIVISION III
  7  1    Sec. 16.  Section 15.241, subsection 1, unnumbered
  7  2 paragraph 4, as enacted by 1998 Iowa Acts, House File 2435,
  7  3 section 1, is amended to read as follows:
  7  4    Payments of interest, recaptures of awards, and repayments
  7  5 of moneys loaned under this program shall be deposited into
  7  6 the strategic investment fund.  Receipts from loans or grants
  7  7 under the business development initiative for entrepreneurs
  7  8 with disabilities program may be maintained in a separate
  7  9 account within the fund.
  7 10    Sec. 17.  Section 15E.195, Code Supplement 1997, is amended
  7 11 to read as follows:
  7 12    15E.195  ENTERPRISE ZONE COMMISSION.
  7 13    1.  A county which designates an enterprise zone pursuant
  7 14 to section 15E.194, subsection 1, and in which an eligible
  7 15 enterprise zone is certified shall establish an enterprise
  7 16 zone commission to review applications from qualified
  7 17 businesses located within or requesting to locate within an
  7 18 enterprise zone designated pursuant to section 15E.194,
  7 19 subsection 1, to receive incentives or assistance as provided
  7 20 in section 15E.196.  The enterprise zone commission shall also
  7 21 review applications from qualified housing businesses
  7 22 requesting to receive incentives or assistance as provided in
  7 23 section 15E.193A.  The commission shall consist of nine
  7 24 members.  Five of these members shall consist of one
  7 25 representative of the board of supervisors, one member with
  7 26 economic development expertise chosen by the department of
  7 27 economic development, one representative of the county zoning
  7 28 board, one member of the local community college board of
  7 29 directors, and one representative of the local workforce
  7 30 development center.  These five members shall select the
  7 31 remaining four members.  If the enterprise zone consists of an
  7 32 area meeting the requirements for eligibility for an urban or
  7 33 rural enterprise community under Title XIII of the federal
  7 34 Omnibus Budget Reconciliation Act of 1993, one of the
  7 35 remaining four members shall be a representative of that zone
  8  1 community.  However, if the enterprise zone qualifies under
  8  2 the city criteria, one of the four members shall be a
  8  3 representative of an international labor organization and if
  8  4 an enterprise zone is located in any city, a representative,
  8  5 chosen by the city council, of each such city may be a member
  8  6 of the commission.  A county shall have only one enterprise
  8  7 zone commission to review applications for incentives and
  8  8 assistance for businesses located within or requesting to
  8  9 locate within a certified enterprise zone designated pursuant
  8 10 to section 15E.194, subsection 1.
  8 11    2.  The commission may adopt more stringent requirements,
  8 12 including requirements related to compensation and benefits,
  8 13 for a business to be eligible for incentives or assistance
  8 14 than provided in section sections 15E.193 and 15E.193A.  The
  8 15 commission may develop as an additional requirement that
  8 16 preference in hiring be given to individuals who live within
  8 17 the enterprise zone.  The commission shall work with the local
  8 18 workforce development center to determine the labor
  8 19 availability in the area.  The commission shall examine and
  8 20 evaluate building codes and zoning in the enterprise zone and
  8 21 make recommendations to the appropriate governing body in an
  8 22 effort to promote more affordable housing development.
  8 23    3.  If the enterprise zone commission determines that a
  8 24 business qualifies for inclusion in an enterprise zone and is
  8 25 eligible to receive incentives or assistance as provided in
  8 26 either section 15E.193A or section 15E.196, the commission
  8 27 shall submit an application for incentives or assistance to
  8 28 the department of economic development.  The department may
  8 29 approve, defer, or deny the application.
  8 30    4.  In making its decision, the commission or department
  8 31 shall consider the impact of the eligible business on other
  8 32 businesses in competition with it and compare the compensation
  8 33 package of businesses in competition with the business being
  8 34 considered for incentives or assistance.  The commission or
  8 35 department shall make a good faith effort to identify existing
  9  1 Iowa businesses within an industry in competition with the
  9  2 business being considered for incentives or assistance.  The
  9  3 commission or department shall also make a good faith effort
  9  4 to determine the probability that the proposed incentives or
  9  5 assistance will displace employees of existing businesses.  In
  9  6 determining the impact on businesses in competition with the
  9  7 business seeking incentives or assistance, jobs created as a
  9  8 result of other jobs being displaced elsewhere in the state
  9  9 shall not be considered direct jobs created.
  9 10    However, if the commission or department finds that an
  9 11 eligible business has a record of violations of the law,
  9 12 including but not limited to environmental and worker safety
  9 13 statutes, rules, and regulations, over a period of time that
  9 14 tends to show a consistent pattern, the eligible business
  9 15 shall not qualify for incentives or assistance under section
  9 16 15E.193A or section 15E.196, unless the commission or
  9 17 department finds that the violations did not seriously affect
  9 18 public health or safety or the environment, or if it did that
  9 19 there were mitigating circumstances.  In making the findings
  9 20 and determinations regarding violations, mitigating
  9 21 circumstances, and whether an eligible business is eligible
  9 22 for incentives or assistance under section 15E.193A or section
  9 23 15E.196, the commission or department shall be exempt from
  9 24 chapter 17A.  If requested by the commission or department,
  9 25 the business shall provide copies of materials documenting the
  9 26 type of violation, any fees or penalties assessed, court
  9 27 filings, final disposition of any findings and any other
  9 28 information which would assist the commission or department in
  9 29 assessing the nature of any violation.
  9 30    5.  A business that is approved to receive incentives or
  9 31 assistance shall, for the length of its designation as an
  9 32 enterprise zone business, certify annually to the county or
  9 33 city, as applicable, and the department of economic
  9 34 development its compliance with the requirements of either
  9 35 section 15E.193 or section 15E.193A.
 10  1    Sec. 18.  Section 69.2, subsection 7, Code 1997, is amended
 10  2 to read as follows:
 10  3    7.  The board of supervisors declares a vacancy in an
 10  4 elected county office upon finding that the county officer has
 10  5 been physically absent from the county for sixty consecutive
 10  6 days except in the case of a medical emergency; temporary
 10  7 active military duty; or temporary service with another
 10  8 government service, agency, or department.
 10  9    Sec. 19.  Section 97B.49B, subsection 3, paragraph b,
 10 10 subparagraph (6), if enacted in 1998 Iowa Acts, House File
 10 11 2496, section 36, is amended to read as follows:
 10 12    (6)  For the fiscal year commencing July 1, 1994, and each
 10 13 succeeding fiscal year through the fiscal year ending June 30,
 10 14 1998, each judicial district department of correctional
 10 15 services shall pay to the department of personnel from funds
 10 16 appropriated to that judicial district department of
 10 17 correctional services, the amount necessary to pay the
 10 18 employer share of the cost of the additional benefits provided
 10 19 to employees covered under subsection 1, paragraph "d",
 10 20 subparagraph (7) of a judicial district department of
 10 21 correctional services who are employed as a probation officer
 10 22 III or a parole officer III.
 10 23    Sec. 20.  Section 135C.33, subsection 5, if enacted by 1998
 10 24 Iowa Acts, House File 2275, is amended by adding the following
 10 25 new paragraphs:
 10 26    NEW PARAGRAPH.  d.  An employee of an elder group home
 10 27 certified under chapter 231B, if the employee provides direct
 10 28 services to consumers.
 10 29    NEW PARAGRAPH.  e.  An employee of an assisted living
 10 30 facility certified or voluntarily accredited under chapter
 10 31 231C, if the employee provides direct services to consumers.
 10 32    Sec. 21.  Section 135C.33, Code Supplement 1997, is amended
 10 33 by adding the following new subsection:
 10 34    NEW SUBSECTION.  6.  The department of inspections and
 10 35 appeals, in conjunction with other departments and agencies of
 11  1 state government involved with criminal history and abuse
 11  2 registry information, shall establish a single contact
 11  3 repository for facilities and other providers to have
 11  4 electronic access to data to perform background checks for
 11  5 purposes of employment, as required of the facilities and
 11  6 other providers under this section.
 11  7    Sec. 22.  Section 200.14, subsection 1A, as enacted by 1998
 11  8 Iowa Acts, Senate File 2082, section 1, is amended to read as
 11  9 follows:
 11 10    1A.  Anhydrous ammonia equipment shall be installed and
 11 11 maintained in a safe operating condition and in conformity
 11 12 with rules adopted by the secretary.  A person shall not
 11 13 intentionally tamper with anhydrous ammonia equipment.
 11 14 Tampering occurs when a person who is not authorized by the
 11 15 owner of anhydrous ammonia equipment uses the equipment in
 11 16 violation of a provision of this chapter, including a rule
 11 17 adopted by the secretary.  A person, shall not in any manner
 11 18 or for any purpose sell, fill, refill, deliver, permit to be
 11 19 delivered, or use an anhydrous ammonia container or
 11 20 receptacle, including for the storage of any gas or compound,
 11 21 unless the person owns the container or receptacle or is
 11 22 authorized to do so by the owner.  A person shall not possess
 11 23 or transport anhydrous ammonia in a container or receptacle
 11 24 which is not authorized by the secretary to hold anhydrous
 11 25 ammonia.
 11 26    Sec. 23.  Section 260A.1, subsection 2, Code Supplement
 11 27 1997, is amended to read as follows:
 11 28    2.  Moneys appropriated in subsection 1 shall be allocated
 11 29 by the department of education to each community college in
 11 30 the proportion that the allocation to that community college
 11 31 in 1996 Iowa Acts, chapter 1215, section 6, subsection 15,
 11 32 bears to the total appropriation made in 1996 Iowa Acts,
 11 33 chapter 1215, section 6, subsection 15, to all community
 11 34 colleges on the basis of each community college's share of
 11 35 overall community college student enrollment.  The overall
 12  1 enrollment and each community college district's share of the
 12  2 overall enrollment shall be determined utilizing refined
 12  3 enrollment reporting methods approved by the department of
 12  4 education using data from the most recently concluded fiscal
 12  5 year.  The department of education shall determine enrollment
 12  6 share percentages for each community college district for
 12  7 purposes of allocating the moneys.
 12  8    Sec. 24.  Section 279.51, subsection 1, unnumbered
 12  9 paragraph 1, Code Supplement 1997, is amended to read as
 12 10 follows:
 12 11    There is appropriated from the general fund of the state to
 12 12 the department of education for the fiscal year beginning July
 12 13 1, 1997 1998, and each succeeding fiscal year, the sum of
 12 14 fifteen million one three hundred seventy sixty thousand
 12 15 dollars.
 12 16    Sec. 25.  Section 279.51, subsection 1, paragraph b, Code
 12 17 Supplement 1997, is amended to read as follows:
 12 18    b.  For the fiscal year beginning July 1, 1997 1998, and
 12 19 for each succeeding fiscal year, eight million three five
 12 20 hundred twenty ten thousand dollars of the funds appropriated
 12 21 shall be allocated to the child development coordinating
 12 22 council established in chapter 256A for the purposes set out
 12 23 in subsection 2 of this section and section 256A.3.
 12 24    Sec. 26.  Section 321.453, Code 1997, as amended by 1998
 12 25 Iowa Acts, Senate File 2081, section 1, is amended to read as
 12 26 follows:
 12 27    321.453  EXCEPTIONS.
 12 28    The provisions of this chapter governing size, weight, and
 12 29 load, and the permit requirements of chapter 321E do not apply
 12 30 to fire apparatus, to road maintenance equipment owned by or
 12 31 under lease to any state or local authority, implements of
 12 32 husbandry temporarily moved upon a highway, implements of
 12 33 husbandry moved from farm site to farm site or between the
 12 34 retail seller and a farm purchaser, implements of husbandry
 12 35 moved between any site and the site of an agricultural
 13  1 exposition or a fair administered pursuant to chapter 173 or
 13  2 174, indivisible implements of husbandry temporarily moved
 13  3 between the place of manufacture and a retail seller or a farm
 13  4 purchaser, implements of husbandry received and moved by a
 13  5 retail seller of implements of husbandry in exchange for a
 13  6 purchased implement, or implements of husbandry moved for
 13  7 repairs, except on any part of the interstate highway system.
 13  8 A vehicle, carrying an implement of husbandry, which is
 13  9 exempted from the permit requirements under this section shall
 13 10 be equipped with an amber flashing light under section
 13 11 321.423, shall be equipped with warning flags on that portion
 13 12 of the vehicle which protrudes into oncoming traffic, and
 13 13 shall only operate from thirty minutes prior to sunrise to
 13 14 thirty minutes following sunset.  The one hundred-mile
 13 15 distance restriction contained in the definition of implement
 13 16 of husbandry in section 321.1 does not apply to this section.
 13 17    Sec. 27.  If the amendment to section 421.40, unnumbered
 13 18 paragraph 3, Code 1997, contained in 1998 Iowa Acts, House
 13 19 File 2530, is enacted, that amendment shall prevail over the
 13 20 amendment to section 421.40, unnumbered paragraph 3, Code
 13 21 1997, contained in 1998 Iowa Acts, Senate File 518, section
 13 22 39.
 13 23    Sec. 28.  1998 Iowa Acts, House File 2290, section 7, if
 13 24 enacted, is amended to read as follows:
 13 25    SEC. 7.  EFFECTIVE DATE.  Section 6 of this Act, being
 13 26 deemed of immediate importance, takes effect upon enactment.
 13 27 Section 5 of this Act takes effect December 15, 1998, and
 13 28 applies to nonresident deer hunting licenses for calendar
 13 29 years beginning on or after January 1, 1999.
 13 30    Sec. 29.  Section 483A.8, subsection 3, Code 1997, as
 13 31 amended by 1998 Iowa Acts, Senate File 187, section 10, is
 13 32 amended to read as follows:
 13 33    3.  A nonresident hunting deer is required to have a
 13 34 nonresident deer license and must pay the wildlife habitat
 13 35 fee.  The commission shall annually limit to six seven
 14  1 thousand five hundred licenses the number of nonresidents
 14  2 allowed to have deer hunting licenses.  The number of
 14  3 nonresident deer hunting licenses shall be determined as
 14  4 provided in section 481A.38.  The commission shall allocate
 14  5 the nonresident deer hunting licenses issued among the zones
 14  6 based on the populations of deer.  However, a nonresident
 14  7 applicant may request one or more hunting zones, in order of
 14  8 preference, in which the applicant wishes to hunt.  If the
 14  9 request cannot be fulfilled, the applicable fees shall be
 14 10 returned to the applicant.  A nonresident applying for a deer
 14 11 hunting license must exhibit proof of having successfully
 14 12 completed a hunter safety and ethics education program as
 14 13 provided in section 483A.27 or its equivalent as determined by
 14 14 the department before the license is issued.
 14 15    Sec. 30.  1998 Iowa Acts, Senate File 187, section 27, if
 14 16 enacted, is amended to read as follows:
 14 17    SEC. 27.  EFFECTIVE AND APPLICABILITY DATES.  This Act
 14 18 takes effect December 15, 1998, and applies to licenses and
 14 19 fees for hunting, fishing, fur harvesting, and related
 14 20 wildlife and game activities for the calendar year years
 14 21 beginning on or after January 1, 1999.
 14 22    Sec. 31.  Section 692A.13, Code 1997, is amended by adding
 14 23 the following new subsection:
 14 24    NEW SUBSECTION.  9.  The department shall provide
 14 25 information for purposes of the single contact repository
 14 26 established pursuant to section 135C.33, in accordance with
 14 27 rules adopted by the department.
 14 28    Sec. 32.  1998 Iowa Acts, Senate File 2406, section 13, if
 14 29 enacted, is amended to read as follows:
 14 30    SEC. 13.  IOWA EMPOWERMENT BOARD.  The Iowa empowerment
 14 31 board shall adopt rules, arrange for technical assistance,
 14 32 provide guidance, and take other actions needed to assist the
 14 33 designation of community empowerment areas and creation of
 14 34 community empowerment boards and to enable the community
 14 35 empowerment area boards to submit school ready children grant
 15  1 plans in a timely manner for the initial grants to be awarded
 15  2 and grant moneys to be paid.  For the initial grants, plans
 15  3 shall be submitted by September 1, 1998, or by January 1, 1999
 15  4 December 1, 1998, in accordance with criteria established by
 15  5 the board.  The Iowa board shall submit to the governor and
 15  6 the general assembly a proposed funding formula for
 15  7 distribution of school ready children grant moneys as
 15  8 necessary for statewide implementation of the grant program
 15  9 for the fiscal year beginning July 1, 1999, and subsequent
 15 10 fiscal years.
 15 11    Sec. 33.  1998 Iowa Acts, Senate File 2410, section 83,
 15 12 subsection 7, if enacted, is amended to read as follows:
 15 13    7.  Section 15, subsection 19, paragraph "b" "a", relating
 15 14 to authority to use moneys for support of the child welfare
 15 15 services work group.
 15 16    Sec. 34.  Section 514I.7, subsection 2, paragraph e, if
 15 17 enacted by 1998 Iowa Acts, House File 2517, section 9, is
 15 18 amended to read as follows:
 15 19    e.  Is not currently covered under or was not covered
 15 20 within the prior six months under a group health plan as
 15 21 defined in 42 U.S.C. } 300Ggg-91(a)(1) 300gg-91(a)(1) or other
 15 22 health benefit plan, unless the coverage was involuntarily
 15 23 lost or unless dropping the coverage is allowed by rule of the
 15 24 board.
 15 25    Sec. 35.  1998 Iowa Acts, House File 2162, sections 34 and
 15 26 42, are repealed.
 15 27    Sec. 36.  1998 Iowa Acts, House File 2538, section 2,
 15 28 amending section 15E.195, is repealed.
 15 29    Sec. 37.  1998 Iowa Acts, House File 2164, section 11,
 15 30 amending section 15E.195, subsection 1, is repealed.
 15 31    Sec. 38.  EFFECTIVE DATE.  The following provisions of this
 15 32 division of this Act, being deemed of immediate importance,
 15 33 take effect upon enactment:
 15 34    1.  Section 18, amending section 69.2.
 15 35    2.  Section 22, amending section 200.14.
 16  1    3.  Section 32, amending 1998 Iowa Acts, Senate File 2406,
 16  2 section 13.
 16  3    4.  Section 33, amending 1998 Iowa Acts, Senate File 2410,
 16  4 section 83, subsection 7.
 16  5    5.  Section 34, amending section 514I.7, if enacted by 1998
 16  6 Iowa Acts, House File 2517, section 9.  
 16  7                           DIVISION IV
 16  8    Sec. 39.  NEW SECTION.  327H.20A  RAILROAD REVOLVING LOAN
 16  9 FUND.
 16 10    A railroad revolving loan fund is established in the office
 16 11 of the treasurer of state under the control of the department.
 16 12 Moneys in this fund shall be expended for loans to provide
 16 13 assistance for the restoration, conservation, improvement, and
 16 14 construction of railroad main lines, branch lines, switching
 16 15 yards, sidings, rail connections, intermodal yards, highway
 16 16 grade separations, and other railroad-related improvements.
 16 17 The department shall administer a program for the granting and
 16 18 administration of loans under this section.  The department
 16 19 may enter into agreements with railroad corporations, the
 16 20 United States government, cities, counties, and other persons
 16 21 for carrying out the purposes of this section.  Moneys
 16 22 received as loan repayments shall be credited to the railroad
 16 23 revolving loan fund.  Notwithstanding section 8.33, moneys in
 16 24 the railroad revolving loan fund shall not revert to the
 16 25 general fund of the state but shall remain available
 16 26 indefinitely for expenditure under this section.
 16 27    Sec. 40.  RAILROAD REVOLVING FUND.  There is appropriated
 16 28 from the general fund of the state to the state department of
 16 29 transportation for the fiscal year beginning July 1, 1998, and
 16 30 ending June 30, 1999, for deposit in the railroad revolving
 16 31 loan fund established in section 327H.20A, an amount equal to
 16 32 the amount of loan repayments made under section 327H.18 and
 16 33 chapter 327I that exceed one million one hundred ninety
 16 34 thousand dollars during fiscal year 1998-1999.  
    20 
    30 
    40                                                             
    50                               RON J. CORBETT
    60                               Speaker of the House
    70 
    80 
    90                                                             
   100                               MARY E. KRAMER
   110                               President of the Senate
   120 
   130    I hereby certify that this bill originated in the House and
   140 is known as House File 2395, Seventy-seventh General Assembly.
   150 
   160 
   170                                                             
   180                               ELIZABETH ISAACSON
   190                               Chief Clerk of the House
   200 Approved                , 1998
   210 
   220 
   230                         
   240 TERRY E. BRANSTAD
   250 Governor
     

Text: HF02394                           Text: HF02396
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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