Text: HSB00022 Text: HSB00024 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 7G.1, subsection 7, Code 1997, is 1 2 amended to read as follows: 1 3 7. FUNDS RECEIVED. All funds received by the commission, 1 4 including but not limited to gifts, transfers, endowments, 1 5 application and other fees related to the issuance of 1 6 sesquicentennial motor vehicle registration platespursuant to1 7section 321.34, subsection 14, moneys from the sale of 1 8 mementos and products related to the purposes of the 1 9 commission, and appropriations, shall be credited to the 1 10 sesquicentennial fund and are appropriated to the commission 1 11 to be invested or used to support the activities of the 1 12 commission. Notwithstanding section 8.33, any balance in the 1 13 fund on June 30 of any fiscal year shall not revert to the 1 14 general fund of the state. 1 15 Sec. 2. Section 10A.108, subsection 1, unnumbered 1 16 paragraph 2, Code 1997, is amended to read as follows: 1 17 A lien under this section shall not attach to any amount of 1 18 inappropriately obtained benefits or provider payments, or 1 19 portions of the benefits or provider payments, attributable to 1 20 errors by the department of human services. Liens shall only 1 21 attach to the amounts of inappropriately obtained benefits or 1 22 provider payments or portions of the benefits or provider 1 23 payments which were obtained due to false, misleading, 1 24 incomplete, or inaccurate information submitted by a person in 1 25 connection with the application for or receipt of benefits or 1 26 provider payments. 1 27 Sec. 3. Section 10A.108, subsection 4, unnumbered 1 28 paragraph 1, Code 1997, is amended to read as follows: 1 29 The county recorder of each county shall prepare and 1 30 maintain in the recorder's office an index of liens of debts 1 31 established based upon benefits or provider payments 1 32 inappropriately obtained from and owed the department of human 1 33 services, which provides appropriate columns for all of the 1 34 following data, under the names of debtors, arranged 1 35 alphabetically: 2 1 Sec. 4. Section 12.40, subsection 3, Code 1997, is amended 2 2 to read as follows: 2 3 3. In order to qualify as an eligible borrower, the rural 2 4 small business must be located in a city with a population of 2 5 five thousand or less. A business in a city located in a 2 6 county with a population in excess of three hundred thousand, 2 7 if the city is contiguous to another city in the county and 2 8 that other city is contiguous to the largest city in that 2 9 county, shall be ineligible to qualify as a borrower. 2 10 Sec. 5. Section 15.114, subsection 1, paragraph c, Code 2 11 1997, is amended to read as follows: 2 12 c. "MicrobusinessMicroenterprise organization" means a 2 13 nonprofit corporation organized under chapter 504A which is 2 14 exempt from taxation pursuant to section 501(c) of the 2 15 Internal Revenue Code and which has a principal mission of 2 16 actively engaging in microbusiness development, training, 2 17 technical assistance, and capital access for the start-up or 2 18 expansion of microbusinesses. 2 19 Sec. 6. Section 15A.7, subsection 4, Code 1997, is amended 2 20 to read as follows: 2 21 4. To provide funds for the payment of the costs of the 2 22 additional project, a community college may borrow money, 2 23 issue and sell certificates, and secure the payment of the 2 24 certificates in the same manner as described in section 2 25 260E.6, including, but not limited to, providing the 2 26 assessment of an annual levy as described in section 260E.6, 2 27 subsection 4. The program and credit authorized by this 2 28subsectionsection are in addition to, and not in lieu of, the 2 29 program and credit authorized in chapter 260E. 2 30 Sec. 7. Section 80.16, Code 1997, is amended to read as 2 31 follows: 2 32 80.16 BONDS. 2 33 All special agents appointed by the commissioner of public 2 34 safety pursuant to section 80.7 shall furnish bond as required 2 35 by the commissioner in the amount of five thousand dollars. 3 1 All members of the state department of public safety excepting 3 2 the members of the clerical force shall be bonded for the 3 3 faithful performance of their duties, in such an amount as the 3 4 commissioner of public safety may deem necessary, but not less 3 5 than five thousand dollars for any one position, and clerical 3 6 employees may be so bonded. Thedirectorcommissioner is 3 7 authorized to purchase bond coverage with departmental funds, 3 8 either in blanket bond form or in individual bond form or in 3 9 any combination thereof. 3 10 Sec. 8. Section 84A.7, subsection 2, Code 1997, is amended 3 11 to read as follows: 3 12 2. IOWA CONSERVATION CORPS ESTABLISHED. The Iowa 3 13 conservation corps is established in this state to provide 3 14 meaningful and productive public service jobs fortheyouth, 3 15theunemployed persons,the disabledpersons with 3 16 disabilities,thedisadvantaged persons, andtheelderly 3 17 persons, and to provide participants with an opportunity to 3 18 explore careers, gain work experience, and contribute to the 3 19 general welfare of their communities and the state. The corps 3 20 shall provide opportunities in the areas of natural resource 3 21 and wildlife conservation, park maintenance and restoration, 3 22 land management, energy savings, community improvement 3 23 projects, tourism, economic development, and work benefiting 3 24 human services programs. The department of workforce 3 25 development shall administer the corps and shall adopt rules 3 26 governing its operation, eligibility for participation, cash 3 27 contributions, and implementation of an incentive program. 3 28 Sec. 9. Section 97A.7, subsection 5, Code 1997, is amended 3 29 by striking the subsection. 3 30 Sec. 10. Section 97B.49, subsection 17, paragraph c, 3 31 subparagraph (1), Code 1997, is amended by striking the 3 32 subparagraph. 3 33 Sec. 11. Section 97B.80, unnumbered paragraph 1, Code 3 34 1997, is amended to read as follows: 3 35 Effective July 1, 1992, a vested or retired member, who at 4 1 any time served on active duty in the armed forces of the 4 2 United States, upon submitting verification of the dates of 4 3 the active duty service, may make employer and employee 4 4 contributions to the system based upon the member's covered 4 5 wages for the most recent full calendar year in which the 4 6 member had reportable wages at the applicable rates in effect 4 7 for that year under sections 97B.11 and 97B.49, for all or a 4 8 portion of the period of time of the active duty service, in 4 9 increments of one or more calendar quarters, and receive 4 10 credit for membership service and prior service for the period 4 11 of time for which the contributions are made. If the member's 4 12 most recent covered wages were earned prior to the most recent 4 13 calendar year, the member's covered wages shall be adjusted by 4 14 the department by an inflation factor to reflect changes in 4 15 the economy. The department shall adjust benefits for a six- 4 16 month period prior to the date the member pays contributions 4 17 under this section if the member is receiving a retirement 4 18 allowance at the time the contribution payment is made. 4 19 Verification of active duty service and payment of 4 20 contributions shall be made to the department. However, a 4 21 member is not eligible to make contributions under this 4 22 section if the member is receiving, is eligible to receive, or 4 23 may in the future be eligible to receive retirement pay from 4 24 the United States government for active duty in the armed 4 25 forces, except for retirement pay granted by the United States 4 26 government under retired pay for nonregular service(10 U.S.C.4 27} 1331, et seq.)pursuant to 10 U.S.C. } 12731–12739. A 4 28 member receiving retired pay for nonregular service who makes 4 29 contributions under this section shall provide information 4 30 required by the department documenting time periods covered 4 31 under retired pay for nonregular service. 4 32 Sec. 12. Section 99D.25A, subsection 2, Code 1997, is 4 33 amended to read as follows: 4 34 2. Phenylbutazone shall not be administered to a horse in 4 35 dosages which would result in concentrations of more than two 5 1 point two micrograms of the substance or its metabolites per 5 2millimetermilliliter of blood. 5 3 Sec. 13. Section 135.11, subsection 16, Code 1997, is 5 4 amended by striking the subsection. 5 5 Sec. 14. Section 135.107, subsection 3, paragraph c, 5 6 subparagraph (2), subparagraph subdivision (a), Code 1997, is 5 7 amended to read as follows: 5 8 (a) Determination of eligibility requirements and 5 9 qualifications of an applicant to receive scholarships under 5 10 the program, including but not limited to years of obligated 5 11 service, clinical practice requirements, and residency 5 12 requirements. One year of obligated service shall be provided 5 13 by the applicant in exchange for each year ofloan repayment5 14 scholarship receipt, unless federal requirements otherwise 5 15 require. 5 16 Sec. 15. Section 137E.1, subsection 11, Code 1997, is 5 17 amended to read as follows: 5 18 11. "Potentially hazardous food" means any food that 5 19 consists in whole or in part of milk or milk products, eggs, 5 20 meat, poultry, fish, shell fish, edible crustacea, or other 5 21 ingredients including synthetic ingredients, in a form capable 5 22 of supporting rapid and progressive growthorof infectious or 5 23 toxigenic microorganisms. The term does not include clean, 5 24 whole, uncracked, odor-free shell eggs or foods which have a 5 25 pH level of 4.5 or below or a water activity (Aw) value of 5 26 0.85 or less. 5 27 Sec. 16. Section 191.3, unnumbered paragraph 1, Code 1997, 5 28 is amended to read as follows: 5 29 Every person owning or in charge of any place where food or 5 30 drink is sold who uses or serves therein imitation cheese, as5 31in this subtitle defined,shall display at all times opposite 5 32 each table or place of service a placard for such imitation, 5 33 with the words "Imitation ........ served here", without other 5 34 matter, printed in black roman letters not less than three 5 35 inches in height and two inches in width, on a white card 6 1 twelve by twenty-two inches in dimensions. 6 2 Sec. 17. Section 229.33, Code 1997, is amended to read as 6 3 follows: 6 4 229.33 HEARING. 6 5 If, on such report and statement, and the hearing of 6 6 testimony if any is offered, the judge shall find that such 6 7 person is not seriously mentally impaired, the judge shall 6 8 order the person's discharge; if the contrary, the judge shall 6 9 so state, and authorize the continued detention of the person, 6 10 subject to all applicable requirements ofthis Actchapter 6 11 229. 6 12 Sec. 18. Section 230.6, subsection 1, Code 1997, is 6 13 amended to read as follows: 6 14 1. If the administrator finds that the decision of the 6 15 court as to legal settlement is correct, the administrator 6 16 shall cause said patient either to be transferred to a state 6 17 hospital for persons with mental illness at the expense of the 6 18 state, or to be transferred, with approval of the court as 6 19 required bythis Actchapter 229 to the place of foreign 6 20 settlement. 6 21 Sec. 19. Section 230.7, Code 1997, is amended to read as 6 22 follows: 6 23 230.7 TRANSFER OF NONRESIDENTS. 6 24 Upon determining that a patient in a state hospital who has 6 25 been involuntarily hospitalized underthis Actchapter 229 or 6 26 admitted voluntarily at public expense was not a resident of 6 27 this state at the time of the involuntary hospitalization or 6 28 admission, the administrator may cause that patient to be 6 29 conveyed to the patient's place of residence. However, a 6 30 transfer under this section may be made only if the patient's 6 31 condition so permits and other reasons do not render the 6 32 transfer inadvisable. If the patient was involuntarily 6 33 hospitalized, prior approval of the transfer must be obtained 6 34 from the court which ordered the patient hospitalized. 6 35 Sec. 20. Section 231.53, Code 1997, is amended to read as 7 1 follows: 7 2 231.53 COORDINATION WITH JOB TRAINING PARTNERSHIP ACT. 7 3 The employment and training program administered by the 7 4 department shall be coordinated with the training program for 7 5 older individuals administered by the department ofeconomic7 6developmentworkforce development under the Job Training 7 7 Partnership Act. 7 8 A proposed annual plan for coordinating these programs 7 9 shall be developed jointly by the department of elder affairs, 7 10the department of economic development,the department of 7 11 education, and the department of workforce development for 7 12 submittal to the state job training coordinating council. The 7 13 state job training coordinating council shall take the 7 14 proposed plan under advisement in preparing a final annual 7 15 plan for coordinating these programs which will be submitted 7 16 to the governor. 7 17 After the end of each annual planning period, the 7 18 department of elder affairs,the department of economic7 19development,the department of education, and the department 7 20 of workforce development shall submit a joint report to the 7 21 state job training coordinating council describing the 7 22 services provided to elderly Iowans, assessing the extent to 7 23 which coordination of programs was achieved, and making 7 24 recommendations for improving coordination. 7 25 Sec. 21. Section 231C.4, Code 1997, is amended to read as 7 26 follows: 7 27 231C.4 FIRE AND SAFETY STANDARDS. 7 28 The state fire marshal shall adopt rules, in coordination 7 29 with the department, relating to the certification or 7 30 voluntary accreditation and monitoring of the fire and safety 7 31 standards of certified or voluntarily accredited assisted 7 32 living programs. 7 33 Sec. 22. Section 232.89, subsection 1, Code 1997, is 7 34 amended to read as follows: 7 35 1. Upon the filing of a petition the parent, guardian, or 8 1 custodian identified in the petition shall have the right to 8 2 counsel in connection with all subsequent hearings and 8 3 proceedings. If that person desires but is financially unable 8 4 to employ counsel, the court shall appoint counsel. However, 8 5 an incarcerated parent without legal custody shall not have 8 6 the right to court-appointed counsel. 8 7 Sec. 23. Section 249F.1, subsection 2, paragraph b, 8 8 subparagraph (6), Code 1997, is amended to read as follows: 8 9 (6) Transfers of assets that would, at the time of the 8 10 transferor's application for medical assistance, have been 8 11 exempt from consideration as a resource ifit had been8 12 retained by the transferor, pursuant to 42 U.S.C. } 1382b(a), 8 13 as implemented by regulations adopted by the secretary of the 8 14 United States department of health and human services. 8 15 Sec. 24. Section 256B.2, subsection 3, unnumbered 8 16 paragraph 1, Code 1997, is amended to read as follows: 8 17 It is the policy of this state to require school districts 8 18 and state operated educational programs to provide or make 8 19 provision, as an integral part of public education, for a free 8 20 and appropriate public education sufficient to meet the needs 8 21 of all children requiring special education. This chapter is 8 22 not to be construed as encouraging separate facilities or 8 23 segregated programs designed to meet the needs of children 8 24 requiring special education when the children can benefit from 8 25 all or part of the education program as offered by the local 8 26 school district. To the maximum extent possible, children 8 27 requiring special education shall attend regular classes and 8 28 shall be educated with children who do not require special 8 29 education. Whenever possible, hindrances to learning and to 8 30 the normal functioning of children requiring special education 8 31 within the regular school environment shall be overcome by the 8 32 provision of special aids and services rather than by separate 8 33 programs for those in need of special education. Special 8 34 classes, separate schooling, or other removal of children 8 35 requiring special education from the regular educational 9 1 environment, shall occur only when, and to the extent that the 9 2 nature or severity of the educational disability is such, that 9 3 education in regular classes, even with the use of 9 4 supplementary aids and services, cannot be accomplished 9 5 satisfactorily. For those children who cannot adapt to the 9 6 regular educational or home living conditions, and who are 9 7 attending facilities under chapters 263, 269, and 270, upon 9 8 the request of the board of directors of an area education 9 9 agency, the department of human services shall provide 9 10 residential or detention facilities and the area education 9 11 agency shall provide special education programs and services. 9 12 The area education agencies shall cooperate with the board of 9 13 regents to provide the services required by thisActchapter. 9 14 Sec. 25. Section 257.21, unnumbered paragraph 2, Code 9 15 1997, is amended to read as follows: 9 16 The instructional support income surtax shall be imposed on 9 17 the state individual income tax for the calendar year during 9 18 which the school's budget year begins, or for a taxpayer's 9 19 fiscal year ending during the second half of that calendar 9 20 year and after the date the board adopts a resolution to 9 21 participate in the program or the first half of the succeeding 9 22 calendar year, and shall be imposed on all individuals 9 23 residing in the school district on the last day of the 9 24 applicable tax year. As used in this section, "state 9 25 individual income tax" means the taxes computed under section 9 26 422.5, less the credits allowed in sections 422.11A, 422.11B, 9 27422.11C,422.12, and 422.12B. 9 28 Sec. 26. Section 257.31, subsection 17, paragraph d, Code 9 29 1997, is amended to read as follows: 9 30 d. Funds transferred to the committee in accordance with 9 31 section 321.34, subsection1222, are appropriated to and may 9 32 be expended for the purposes of the committee, as described in 9 33 this section. However, highest priority shall be given to 9 34 districts that meet the conditions described in this 9 35 subsection. Notwithstanding any other provision of the Code, 10 1 unencumbered or unobligated funds transferred to the committee 10 2 pursuant to section 321.34, subsection1222, remaining on 10 3 June 30 of the fiscal year for which the funds were 10 4 transferred, shall not revert but shall be available for 10 5 expenditure for the purposes of this subsection in subsequent 10 6 fiscal years. 10 7 Sec. 27. Section 260C.39, unnumbered paragraphs 3 and 4, 10 8 Code 1997, are amended by striking the unnumbered paragraphs. 10 9 Sec. 28. Section 260C.45, unnumbered paragraph 3, Code 10 10 1997, is amended by striking the paragraph. 10 11 Sec. 29. Section 260C.46, Code 1997, is amended to read as 10 12 follows: 10 13 260C.46 PROGRAM AND ADMINISTRATIVE SHARING. 10 14 By September 1, 1990, the department shall establish 10 15 guidelines and an approval process for program sharing 10 16 agreements and for administrative sharing agreements entered 10 17 into by two or more community colleges or by a community 10 18 college and a higher education institution under the control 10 19 of the board of regents. Guidelines established shall be 10 20 designed to increase student access to programs, enhance 10 21 educational program offerings throughout the state, and 10 22 enhance interinstitutional cooperation in program offerings. 10 23A community college must submit an application and obtain10 24approval from the department in order to become eligible to10 25receive funds from the community college excellence 200010 26account under section 260D.14A for an administrative sharing10 27or program sharing agreement. The application shall describe10 28the sharing agreement, costs, and benefits associated with the10 29sharing proposal.10 30 Sec. 30. Section 260F.8, subsection 1, Code 1997, is 10 31 amended to read as follows: 10 32 1. For each fiscal year, the department shall make funds 10 33 available to the community colleges. The department shall 10 34 allocate by formula from the moneys in the fund an amount for 10 35 each community college to be used to provide the financial 11 1 assistance for proposals of businesses whose applications have 11 2 been approved by the department. The financial assistance 11 3 shall be provided by the department from the amount set aside 11 4 for that community college. If any portion of the moneys set 11 5 aside for a community college have not been used or committed 11 6 by May 1 of the fiscal year, that portion is available for use 11 7 by the department to provide financial assistance to 11 8 businesseslocated inapplying to other community colleges. 11 9 The department shall adopt by rule a formula for this set- 11 10 aside. 11 11 Sec. 31. Section 282.18, subsection 9, unnumbered 11 12 paragraph 2, Code 1997, is amended to read as follows: 11 13 If a request to transfer is due to a change in family 11 14 residence, change in the state in which the family residence 11 15 is located, a change in a child's parents' marital status, a 11 16 guardianship proceeding, placement in foster care, adoption, 11 17 participation in a foreign exchange program, or participation 11 18 in a substance abuse or mental health treatment program, and 11 19 the child, who is the subject of the request, is not currently 11 20 using any provision of open enrollment, the parent or guardian 11 21 of the child shall have the option to have the child remain in 11 22 the child's original district of residence under open 11 23 enrollment with no interruption in the child's educational 11 24 program. If a parent or guardian exercises this option, the 11 25 child's new district of residence is not required to pay the 11 26lower of the two district costs per pupil or othercosts 11 27 described in subsection 7 to the receiving district until the 11 28 start of the first full year of enrollment of the child. 11 29 Sec. 32. Section 321.210, subsection 1, unnumbered 11 30 paragraph 1, Code 1997, is amended to read as follows: 11 31 The department is authorized to establish rules providing 11 32 for the suspension of the license of an operator upontwenty11 33 thirty days' notice and without preliminary hearing upon a 11 34 showing by its records or other sufficient evidence that the 11 35 licensee: 12 1 Sec. 33. Section 321E.14, unnumbered paragraph 2, Code 12 2 1997, is amended by striking the paragraph. 12 3 Sec. 34. Section 321L.1, subsection 4, paragraph a, Code 12 4 1997, is amended to read as follows: 12 5 a. A handicapped registration plate issued to or for a 12 6 handicapped person under section 321.34, subsection714. 12 7 Sec. 35. Section 331.438, subsection 2, Code 1997, is 12 8 amended to read as follows: 12 9 2. Except as modified based upon the actual amount of the 12 10 appropriation for purposes of state payment under section 12 11 331.439, the amount of the state payment for a fiscal year 12 12 shall be calculated by applying theinflationallowed growth 12 13 factor adjustment established in accordance with section 12 14 331.439, subsection 3, for that fiscal year to the amount of 12 15 county expenditures for qualified services in the previous 12 16 fiscal year. A state payment is the state funding a county 12 17 receives pursuant to section 426B.2, subsection 2. Any state 12 18 funding received by a county for property tax relief in 12 19 accordance with section 426B.2, subsections 1 and 3, is not a 12 20 state payment and shall not be included in the state payment 12 21 calculation made pursuant to this subsection. 12 22 Sec. 36. Section 331.602, subsection 14, Code 1997, is 12 23 amended by striking the subsection. 12 24 Sec. 37. Section 372.4, unnumbered paragraph 2, Code 1997, 12 25 is amended to read as follows: 12 26 However, a city governed, onthe effective date of this12 27sectionJuly 1, 1975, by the mayor-council form composed of a 12 28 mayor and a council consisting of two council members elected 12 29 at large, and one council member from each of four wards, or a 12 30 special charter city governed, onthe effective date of this12 31sectionJuly 1, 1975, by the mayor-council form composed of a 12 32 mayor and a council consisting of two council members elected 12 33 at large and one council member elected from each of eight 12 34 wards, may continue until the form of government is changed as 12 35 provided in section 372.2 or section 372.9. While a city is 13 1 thus operating with an even number of council members, the 13 2 mayor may vote to break a tie vote on motions not involving 13 3 ordinances, resolutions or appointments made by the council 13 4 alone, and in a special charter city operating with ten 13 5 council members under this section, the mayor may vote to 13 6 break a tie vote on all measures. 13 7 Sec. 38. Section 372.5, unnumbered paragraph 3, Code 1997, 13 8 is amended to read as follows: 13 9 However, a city governed, onthe effective date of this13 10sectionJuly 1, 1975, by the commission form and having a 13 11 council composed of a mayor and two council members elected at 13 12 large may continue with a council of three until the form of 13 13 government is changed as provided in section 372.2 or section 13 14 372.9 or without changing the form, may submit to the voters 13 15 the question of increasing the council to five members 13 16 assigned to the five departments as set out in this section. 13 17 Sec. 39. Section 372.12, unnumbered paragraph 1, Code 13 18 1997, is amended to read as follows: 13 19 A city may not adopt the special charter form but a city 13 20 governed by a special charter onthe effective date of the13 21city codeJuly 1, 1975, is considered to have the special 13 22 charter form although it may utilize elements of the mayor- 13 23 council form in conjunction with the provisions of its special 13 24 charter. In adopting and filing its charter as required in 13 25 section 372.1, a special charter city shall include the 13 26 provisions of its charter and any provisions of the mayor- 13 27 council form which are followed by the city onthe effective13 28date of the city codeJuly 1, 1975. 13 29 Sec. 40. Section 422.6, unnumbered paragraph 1, Code 1997, 13 30 is amended to read as follows: 13 31 The tax imposed by section 422.5 less the credits allowed 13 32 under sections 422.10, 422.11A, and 422.11B,and 422.11C,and 13 33 the personal exemption credit allowed under section 422.12 13 34 apply to and are a charge against estates and trusts with 13 35 respect to their taxable income, and the rates are the same as 14 1 those applicable to individuals. The fiduciary shall make the 14 2 return of income for the estate or trust for which the 14 3 fiduciary acts, whether the income is taxable to the estate or 14 4 trust or to the beneficiaries. 14 5 Sec. 41. Section 422.10, unnumbered paragraph 2, Code 14 6 1997, is amended to read as follows: 14 7 Any credit in excess of the tax liability imposed by 14 8 section 422.5 less the credits allowed under sections 422.11A, 14 9422.11C,422.12, and 422.12B for the taxable year shall be 14 10 refunded with interest computed under section 422.25. In lieu 14 11 of claiming a refund, a taxpayer may elect to have the 14 12 overpayment shown on the taxpayer's final, completed return 14 13 credited to the tax liability for the following taxable year. 14 14 Sec. 42. Section 422.12C, subsection 1, unnumbered 14 15 paragraph 1, Code 1997, is amended to read as follows: 14 16 The taxes imposed under this division, less the credits 14 17 allowed under sections 422.11A, 422.11B,422.11C,422.12, and 14 18 422.12B shall be reduced by a child and dependent care credit 14 19 equal to the following percentages of the federal child and 14 20 dependent care credit provided in section 21 of the Internal 14 21 Revenue Code: 14 22 Sec. 43. Section 422D.2, Code 1997, is amended to read as 14 23 follows: 14 24 422D.2 LOCAL INCOME SURTAX. 14 25 A county may impose by ordinance a local income surtax as 14 26 provided in section 422D.1 at the rate set by the board of 14 27 supervisors, of up to one percent, on the state individual 14 28 income tax of each individual residing in the county at the 14 29 end of the individual's applicable tax year. However, the 14 30 cumulative total of the percents of income surtax imposed on 14 31 any taxpayer in the county shall not exceed twenty percent. 14 32 The reason for imposing the surtax and the amount needed shall 14 33 be set out in the ordinance. The surtax rate shall be set to 14 34 raise only the amount needed. For purposes of this section, 14 35 "state individual income tax" means the tax computed under 15 1 section 422.5, less the credits allowed in sections 422.11A, 15 2 422.11B,422.11C,422.12, and 422.12B. 15 3 Sec. 44. Section 425.40, Code 1997, is amended to read as 15 4 follows: 15 5 425.40 LOW-INCOME FUND CREATED. 15 6 1. A low-income tax credit and reimbursement fund is 15 7 created. 15 8 2. If the amount appropriatedunder subsection 1 plus any15 9supplemental appropriation madefor purposes of this section 15 10 for a fiscal year is insufficient to pay all claims in full, 15 11 the director shall pay, in full, all claims to be paid during 15 12 the fiscal year for reimbursement of rent constituting 15 13 property taxes paid or if moneys are insufficient to pay all 15 14 such claims on a pro rata basis. If the amount of claims for 15 15 credit for property taxes due to be paid during the fiscal 15 16 year exceed the amount remaining after payment to renters, the 15 17 director of revenue and finance shall prorate the payments to 15 18 the counties for the property tax credit. In order for the 15 19 director to carry out the requirements of this subsection, 15 20 notwithstanding any provision to the contrary in this 15 21 division, claims for reimbursement for rent constituting 15 22 property taxes paid filed before May 1 of the fiscal year 15 23 shall be eligible to be paid in full during the fiscal year 15 24 and those claims filed on or after May 1 of the fiscal year 15 25 shall be eligible to be paid during the following fiscal year 15 26 and the director is not required to make payments to counties 15 27 for the property tax credit before June 15 of the fiscal year. 15 28 Sec. 45. Section 441.73, subsections 2 and 4, Code 1997, 15 29 are amended to read as follows: 15 30 2. If the director of revenue and finance determines that 15 31 foreseeable litigation expenses will exceed the amount 15 32 available from appropriations made to the department of 15 33 revenue and finance, the director of revenue and finance may 15 34 apply to the executive council for use of funds on deposit in 15 35 the litigationdefenseexpense fund. The initial application 16 1 for approval shall include an estimate of potential litigation 16 2 expenses, allocated to each of the next four succeeding 16 3 calendar quarters and substantiated by a breakdown of all 16 4 anticipated costs for legal counsel, expert witnesses, and 16 5 other applicable litigation expenses. 16 6 4. The executive council shall transfer for the fiscal 16 7 year beginning July 1, 1992, and each fiscal year thereafter, 16 8 from funds established in sections 405A.8, 425.1, and 426.1, 16 9 an amount necessary to pay litigation expenses. However, the 16 10 amount of funds transferred to the litigation expense fund for 16 11 the fiscal year beginning July 1, 1992, shall not exceed three 16 12 hundred fifty thousand dollars and the amount of the fund for 16 13 the succeeding fiscal years shall not exceed seven hundred 16 14 thousand dollars. The executive council shall determine 16 15 annually the proportionate amounts to be transferred from the 16 16 three separate funds. At any time when no litigation is 16 17 pending or in progress the balance in the litigationdefense16 18 expense fund shall not exceed one hundred thousand dollars. 16 19 Any excess moneys shall be transferred in a proportionate 16 20 amount back to the funds from which they were originally 16 21 transferred. 16 22 Sec. 46. Section 455A.11, Code 1997, is amended to read as 16 23 follows: 16 24 455A.11 PREFERENCES IN TEMPORARY EMPLOYMENT. 16 25 In its employment of persons in temporary positions in 16 26 conservation and outdoor recreation, the department of natural 16 27 resources shall give preference to lower income persons 16 28meeting eligibility requirements for the green thumb program16 29under section 15.227who are sixty years of age or older and 16 30 to persons working toward an advanced education in natural 16 31 resources and conservation. 16 32 Sec. 47. Section 457B.1, article V, paragraph c, Code 16 33 1997, is amended to read as follows: 16 34 c. If a party state's right to have waste generated within 16 35 its borders disposed of at compact facilities, or at any 17 1 noncompact facility made available to the region by an 17 2 agreement entered into by the commission under article III, 17 3 section h, subsection 6, is suspended, low-level radioactive 17 4 waste generated within its borders by any person shall not be 17 5 disposed of at any such facility during the period of the 17 6 suspension. 17 7 Sec. 48. Section 462A.77, subsection 3, paragraph b, Code 17 8 1997, is amended to read as follows: 17 9 b. A person who is the owner of a vessel that is 17 10 documented with the United States coast guard is not required 17 11 to file an application for a certificate of title for the 17 12 vessel and the vessel is exempt from the requirements of 17 13sectionssection 462A.82, subsections 1 and 2, and section 17 14 462A.84. 17 15 Sec. 49. Section 499.4, Code 1997, is amended to read as 17 16 follows: 17 17 499.4 USE OF TERM "COOPERATIVE" RESTRICTED. 17 18 No person or firm, and no corporation hereafter organized, 17 19 which is not an association as definedhereinin this chapter 17 20 or a cooperative as defined in chapter 501, shall use the word 17 21 "cooperative" or any abbreviation thereof in its name or 17 22 advertising or in any connection with its business, except 17 23 foreign associations admitted under section 499.54. The 17 24 attorney general or any association or any member thereof may 17 25 sue and enjoin such use. 17 26 Sec. 50. Section 501.404, subsection 1, paragraph b, Code 17 27 1997, is amended to read as follows: 17 28 b. The material facts of the transaction and the 17 29 director's interest were disclosed or known to the 17 30 shareholders entitled to vote and they authorized, approved, 17 31 or ratified the transaction. For purposes of this paragraph, 17 32 a conflict of interest transaction is authorized, approved, or 17 33 ratified if it receives a majority of the votes entitled to be 17 34 counted under this paragraph. Shares owned by or voted under 17 35 the control of a director who has a direct or indirect 18 1 interest in the transaction, and shares owned by or voted 18 2 under the control of an entity described in subsection 2, 18 3 paragraph "a", shall not be counted in a vote of members to 18 4 determine whether to authorize, approve, or ratify a conflict 18 5 of interest transaction under this paragraph. The vote of 18 6 those shares, however, is counted in determining whether the 18 7 transaction is approved under other sections of this chapter. 18 8 A majority of the votes, whether or not the shareholders are 18 9 present, that are entitled to be counted in a vote on the 18 10 transaction under this paragraph constitutes a quorum for the 18 11 purpose of taking action under this paragraph. 18 12 Sec. 51. Section 501.408, Code 1997, is amended to read as 18 13 follows: 18 14 501.408 INDEMNIFICATION. 18 15 A cooperative may indemnify a present or former director, 18 16 officer, employee, or agent in the manner and in the instances 18 17 authorized in sections 490.850 through 490.858, provided that 18 18 where these sections provide for action by the shareholders 18 19 these sections are applicable to actions by the members, and 18 20 where these sections refer to thecooperativecorporation 18 21 these sections are applicable to a cooperative. 18 22 Sec. 52. Section 502.207B, Code 1997, is amended to read 18 23 as follows: 18 24 502.207B LEGISLATIVE REVIEW AND OVERSIGHT. 18 25 The director of revenue and finance and the administrator 18 26 of the securities bureau of the insurance division shall each 18 27 report on an annual basis to the senate's and house of 18 28 representatives' committees on ways and means concerning 18 29issuers using the seed capital tax credit, as authorized for18 30personal taxpayers by section 422.11C and for corporate18 31taxpayers by section 422.33, subsection 8, andthe expedited 18 32 filing by registration system provided by section 502.207A. 18 33 Sec. 53. Section 502.404, Code 1997, is amended to read as 18 34 follows: 18 35 502.404 PROHIBITED TRANSACTIONS OF BROKER-DEALERS AND 19 1 AGENTS. 19 2 A broker-dealer or agent shall not effect a transaction in, 19 3 or induce or attempt to induce the purchase or sale of, any 19 4 security in this state by means of any manipulative, deceptive 19 5 or other fraudulent scheme, device, or contrivance, fictitious 19 6 quotation, or in violation of thisActchapter or any rule or 19 7 order hereunder. A broker-dealer or agent shall not recommend 19 8 to a customer the purchase, sale or exchange of a security 19 9 without reasonable grounds to believe that the transaction or 19 10 recommendation is suitable for the customer based upon 19 11 reasonable inquiry concerning the customer's investment 19 12 objectives, financial situation and needs, and other relevant 19 13 information known by the broker-dealer. 19 14 Sec. 54. Section 505.8, subsection 2, Code 1997, is 19 15 amended to read as follows: 19 16 2. The commissioner shall, subject to chapter 17A, 19 17 establish, publish, and enforce rules not inconsistent with 19 18 law for the enforcement of this subtitle and for the 19 19 enforcement of the laws, the administration and supervision of 19 20 which are imposed on the division, including rules to 19 21 establish fees sufficient to administer the laws, where 19 22 appropriate fees are not otherwise provided for in rule or 19 23 statute, and as necessary to obtain from persons authorized to 19 24 do business in the state or regulated by the division that 19 25 data requiredpursuant to former section 145.3by thestate19 26health data commissioncommunity health management information 19 27 system. 19 28 Sec. 55. Section 523A.2, subsection 1, paragraph d, Code 19 29 1997, is amended to read as follows: 19 30 d. A financial institution referred to in paragraph "a" 19 31 shall file notice with the commissioner of all funds deposited 19 32 under the trust agreement. The notice shall be on forms 19 33 prescribed by the commissioner and shall be filed not later 19 34 than March 1 of each year. Each notice shall contain the 19 35 required information for all deposits made during the previous 20 1 calendar year. Forms may be obtained from the commissioner. 20 2 The commissioner may acceptannual reportsnotices submitted 20 3 in an electronic format, such as computer diskettes. 20 4 Sec. 56. Section 523E.2, subsection 1, paragraph d, Code 20 5 1997, is amended to read as follows: 20 6 d. A financial institution referred to in paragraph "a" 20 7 shall file notice with the commissioner of all funds deposited 20 8 under the trust agreement. The notice shall be on forms 20 9 prescribed by the commissioner and shall be filed not later 20 10 than March 1 of each year. Each notice shall contain the 20 11 required information for all deposits made during the previous 20 12 calendar year. Forms may be obtained from the commissioner. 20 13 The commissioner may acceptannual reportsnotices submitted 20 14 in an electronic format, such as computer diskettes. 20 15 Sec. 57. Section 524.1802, subsection 2, Code 1997, is 20 16 amended to read as follows: 20 17 2. A bank holding company shall not acquire a bank or bank 20 18 holding company pursuant to section 524.1805or 524.1903if, 20 19 following that acquisition, those state and national banks 20 20 located in this state in which out-of-state bank holding 20 21 companies directly or indirectly control more than twenty-five 20 22 percent of the voting shares or have the power to control in 20 23 any manner the election of the majority of directors would 20 24 have, in the aggregate, more than thirty-five percent of the 20 25 sum of the total time and demand deposits of all state and 20 26 national banks located in this state plus the total time and 20 27 demand deposits of all offices located in this state of 20 28 savings and loan associations and savings banks, whether 20 29 chartered under the law of this or another state or under 20 30 federal law, as determined by the superintendent on the basis 20 31 of the most recent reports of those financial institutions to 20 32 their supervisory authorities. 20 33 Sec. 58. Section 542B.27, subsection 1, unnumbered 20 34 paragraph 1, Code 1997, is amended to read as follows: 20 35 In addition to any other penalties provided for in this 21 1sectionchapter, the board may by order impose a civil penalty 21 2 upon a person who is not licensed under this chapter as a 21 3 professional engineer or a land surveyor and who does any of 21 4 the following: 21 5 Sec. 59. Section 542B.35, subsection 2, paragraph c, Code 21 6 1997, is amended to read as follows: 21 7 c. A person who completes the real property inspection 21 8 report shall notrepresent themselves asclaim to be a 21 9 licensed land surveyor or a professional engineer for purposes 21 10 of the report. 21 11 Sec. 60. Section 543B.46, subsection 3, Code 1997, is 21 12 amended to read as follows: 21 13 3. Each broker shall authorize the real estate commission 21 14 to examine each trust account and shall obtain the 21 15 certification of the bank or savings and loan association 21 16 attesting to each trust account and consenting to the 21 17 examination and audit of each account by a duly authorized 21 18 representative of the commission. The certification and 21 19 consent shall be furnished on forms prescribed by the 21 20 commission. This subsection does not apply to an individual 21 21 farm account maintained in the name of the owner or owners for 21 22 the purpose of conducting ongoing farm business whether it is 21 23 conducted by the farm owner or by an agent or farm manager 21 24 when the account is part of a farm management agreement 21 25 between the owner and agent or manager. Thissection21 26 subsection also does not apply to an individual property 21 27 management account maintained in the name of the owner or 21 28 owners for the purpose of conducting ongoing property 21 29 management whether it is conducted by the property owner or by 21 30 an agent or manager when the account is part of a property 21 31 management agreement between the owner and agent or manager. 21 32 Sec. 61. Section 554.2512, subsection 1, paragraph b, Code 21 33 1997, is amended to read as follows: 21 34 b. despite tender of the required documents the 21 35 circumstances would justify injunction against honor underthe22 1provisions ofthis chapter (section 554.5109, subsection 2). 22 2 Sec. 62. Section 554.5116, subsection 4, Code 1997, is 22 3 amended to read as follows: 22 4 4. If there is conflict between this Article and Article 22 5 3, 4,or9, or 12, this Article governs. 22 6 Sec. 63. Section 554.8111, Code 1997, is amended to read 22 7 as follows: 22 8 554.8111 CLEARING CORPORATION RULES. 22 9 A rule adopted by a clearing corporation governing rights 22 10 and obligations among the clearing corporation and its 22 11 participants in the clearing corporation is effective even if 22 12 the rule conflicts with thisArticlechapter and affects 22 13 another party who does not consent to the rule. 22 14 Sec. 64. Section 554.8205, unnumbered paragraph 1, Code 22 15 1997, is amended to read as follows: 22 16 An unauthorized signature placed on a security certificate 22 17 before or in the course of issue is ineffective, but the 22 18 signature is effective in favor of a purchaser for value of 22 19 the certificated security if the purchaser is without notice 22 20 of the lack of authority and the signing has been done by: 22 21 Sec. 65. Section 554.8401, subsection 1, unnumbered 22 22 paragraph 1, Code 1997, is amended to read as follows: 22 23 If a certificated security in registered form is presented 22 24 to an issuer with a request to register transfer or an 22 25 instruction is presented to an issuer with a request to 22 26 register transfer of an uncertificated security, the issuer 22 27 shall register the transfer as requested if: 22 28 Sec. 66. Section 554.9305, Code 1997, is amended to read 22 29 as follows: 22 30 554.9305 WHEN POSSESSION BY SECURED PARTY PERFECTS 22 31 SECURITY INTEREST WITHOUT FILING. 22 32 A security interest inletters of credit (section22 33554.5114),goods, instruments, money, negotiable documents, or 22 34 chattel paper may be perfected by the secured party's taking 22 35 possession of the collateral. A security interest in the 23 1 right to proceeds of a written letter of credit may be 23 2 perfected by the secured party's taking possession of the 23 3 letter of credit. If such collateral other than goods covered 23 4 by a negotiable document is held by a bailee, the secured 23 5 party is deemed to have possession from the time the bailee 23 6 receives notification of the secured party's interest. A 23 7 security interest is perfected by possession from the time 23 8 possession is taken without a relation back and continues only 23 9 so long as possession is retained, unless otherwise specified 23 10 in this Article. The security interest may be otherwise 23 11 perfected as provided in this Article before or after the 23 12 period of possession by the secured party. 23 13 Sec. 67. Section 589.6, Code 1997, is amended to read as 23 14 follows: 23 15 589.6 INSTRUMENTS AFFECTING REAL ESTATE. 23 16 All instruments in writing executed by a corporation before 23 17 July 1, 1996, which are more than one year old, conveying, 23 18 encumbering, or affecting real estate, including releases,or 23 19 satisfactions of mortgages, judgments, or any other liens by 23 20 entry of the release or satisfaction upon the page where the 23 21 lien appears recorded or entered, where the corporate seal of 23 22 the corporation has not been affixed or attached, and which 23 23 are otherwise legally and properly executed, are legal, valid, 23 24 and binding as though the corporate seal had been attached or 23 25 affixed. 23 26 Sec. 68. Section 602.8102, subsection 32, Code 1997, is 23 27 amended by striking the subsection. 23 28 Sec. 69. Section 602.8104, subsection 2, paragraph j, Code 23 29 1997, is amended by striking the paragraph. 23 30 Sec. 70. Section 690.1, Code 1997, is amended to read as 23 31 follows: 23 32 690.1 CRIMINAL IDENTIFICATION. 23 33 Thedirectorcommissioner of public safety may provide in 23 34 the department a bureau of criminal identification. The 23 35directorcommissioner may adopt rules for the same. The 24 1 sheriff of each county and the chief of police of each city 24 2 shall furnish to the department criminal identification 24 3 records and other information as directed by thedirector24 4 commissioner of public safety. 24 5 Sec. 71. Section 724.11, Code 1997, is amended to read as 24 6 follows: 24 7 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS. 24 8 Applications for permits to carry weapons shall be made to 24 9 the sheriff of the county in which the applicant resides. 24 10 Applications from persons who are nonresidents of the state, 24 11 or whose need to go armed arises out of employment by the 24 12 state, shall be made to the commissioner of public safety. In 24 13 either case, the issuance of the permit shall be by and at the 24 14 discretion of the sheriff or commissioner, who shall, before 24 15 issuing the permit, determine that the requirements of 24 16 sections 724.6 to 724.10 have been satisfied. However, the 24 17 training program requirements in section 724.9 may be waived 24 18 for renewal permits. The issuing officer shall collect a fee 24 19 of ten dollars, except from a duly appointed peace officer or 24 20 correctional officer, for each permit issued. Renewal permits 24 21 or duplicate permits shall be issued for a fee of five 24 22 dollars. The issuing officer shall notify the commissioner of 24 23 public safety of the issuance of any permit at least monthly 24 24 and forward to thedirectorcommissioner an amount equal to 24 25 two dollars for each permit issued and one dollar for each 24 26 renewal or duplicate permit issued. All such fees received by 24 27 the commissioner shall be paid to the treasurer of state and 24 28 deposited in the operating account of the department of public 24 29 safety to offset the cost of administering this chapter. Any 24 30 unspent balance as of June 30 of each year shall revert to the 24 31 general fund as provided by section 8.33. 24 32 Sec. 72. Section 901A.1, subsection 2, Code 1997, is 24 33 amended to read as follows: 24 34 2. As used in thissectionchapter, the term "prior 24 35 conviction" includes a plea of guilty, deferred judgment, 25 1 deferred or suspended sentence, or adjudication of 25 2 delinquency. 25 3 EXPLANATION 25 4 This bill contains the following nonsubstantive Code 25 5 corrections: 25 6 Code section 7G.1(7): In the section relating to the 25 7 sesquicentennial commission, the reference to Code section 25 8 321.34, former subsection 14, is stricken. Subsection 14 of 25 9 Code section 321.34, relating to the sesquicentennial vehicle 25 10 plates, was stricken by 1996 Acts, chapter 1088, section 8, 25 11 effective January 1, 1997. Sesquicentennial plates remain 25 12 valid through the month of expiration in 1997. New subsection 25 13 14 relates to handicapped special plates. 25 14 Code sections 10A.108(1), unnumbered paragraph 2; 25 15 10A.108(4), unnumbered paragraph 1: In the sections relating 25 16 to liens for certain entitlement benefits or provider payments 25 17 inappropriately obtained from the department of human 25 18 services, the words "or provider payments" are added after 25 19 "benefits" to coordinate with the amendment to subsection 1, 25 20 unnumbered paragraph 1, in 1996 Acts, chapter 1052, section 2. 25 21 The collections are by the department of inspections and 25 22 appeals. 25 23 Code section 12.40(3): Refers to businesses located in 25 24 certain cities, not to the cities themselves, as ineligible to 25 25 borrow under the rural small business transfer linked 25 26 investment program. This is intended to clarify the amendment 25 27 in 1996 Acts, chapter 1058, section 7. 25 28 Code section 15.114(1)(c): In the new section governing 25 29 microbusiness enterprise assistance, the term "microbusiness 25 30 organization" is changed to "microenterprise organization" as 25 31 the defined term for the nonprofit corporation contracting to 25 32 conduct the program. "Microenterprise organization" is the 25 33 term used for this corporation in the rest of the section. 25 34 Code section 15A.7(4): In the new section establishing a 25 35 program involving a "supplemental new jobs credit from 26 1 withholding" under community college agreements with 26 2 employers, "this subsection" is changed to "this section" to 26 3 reflect apparent intent of provision. 26 4 Code sections 80.16, 690.1, and 724.11: In the sections 26 5 relating to bonding of public safety employees, the creation 26 6 of the bureau of criminal identification, and the issuance of 26 7 weapons permits, a reference to the head of the department of 26 8 public safety is corrected by changing "director" to 26 9 "commissioner". This reference was apparently overlooked 26 10 during the implementation of name changes throughout the Code 26 11 following the 1986 state government reorganization. 26 12 Code section 84A.7(2): In the new section relating to the 26 13 Iowa conservation corps in the department of workforce 26 14 development, a terminology change from "the disabled" to 26 15 "persons with disabilities" is made to conform to the changes 26 16 made in 1996 Acts, chapter 1129, and also to revise 26 17 terminology describing others eligible for jobs in the corps. 26 18 Code section 97A.7(5): In the section relating to the 26 19 financial powers of the board of trustees of the public safety 26 20 peace officers' retirement, accident, and disability system, 26 21 an obsolete subsection authorizing this board to invest funds 26 22 of the municipal fire and police retirement systems created 26 23 under Code chapter 411 is stricken. Municipal fire and police 26 24 retirement systems now have their own statewide board. 26 25 Code section 97B.49(17)(c)(1): In the section governing 26 26 retirement allowances under IPERS, a subparagraph that is no 26 27 longer relevant is stricken because of the item veto of 1996 26 28 Acts, chapter 1187, section 32, which would have added a new 26 29 paragraph "e" to Code section 97B.49(5) reducing the 26 30 percentage multiplier for average annual wages in excess of 26 31 $55,000. 26 32 Code section 97B.80, unnumbered paragraph 1: In the 26 33 section on veteran's credit under IPERS, the correct reference 26 34 to federal law governing retired pay for nonregular service in 26 35 the armed forces is substituted for the current reference. 27 1 Code section 99D.25A, subsection 2: In the subsection 27 2 prohibiting the administration of phenylbutazone beyond 27 3 certain concentration levels in horses, an incorrect reference 27 4 to a metric unit of measurement is corrected. 27 5 Code section 135.11(16): Strikes from the duties of the 27 6 Iowa department of public health a subsection relating to data 27 7 required by the former health data commission. The health 27 8 data commission, governed under former Code chapter 145, was 27 9 repealed effective July 1, 1996. Its successor, the community 27 10 health management information system (Code chapter 144C) 27 11 chapter, is not connected with the Iowa department of public 27 12 health. The insurance division of the department of commerce 27 13 is responsible for enforcement of chapter 144C. 27 14 Code section 135.107(3)(c)(2)(a): In the section on the 27 15 center for rural health and primary care, the words "service 27 16 in exchange for each year of scholarship receipt" are 27 17 substituted for "service in exchange for each year of loan 27 18 repayment" in the paragraph relating to primary care provider 27 19 scholarships. The preceding paragraph relates to primary care 27 20 provider loans. The amendments in 1996 Acts, chapter 1128, 27 21 sections 2 and 3, inserted the same language in both 27 22 paragraphs. 27 23 Code section 137E.1(11): A grammatical correction is made 27 24 in the definition of "potentially hazardous food" in the 27 25 vending machine chapter by changing the phrase "progressive 27 26 growth or infectious or toxigenic microorganisms" to 27 27 "progressive growth of infectious or toxigenic 27 28 microorganisms". 27 29 Code section 191.3, unnumbered paragraph 1: In the 27 30 provision relating to notice of the use of imitation cheese, 27 31 the words "as in this subtitle defined" are stricken because 27 32 there is no longer a definition in the Iowa Code. The former 27 33 definition was repealed by 1991 Acts, chapter 74, section 2. 27 34 Code sections 229.33, 230.6(1), and 230.7: In the sections 27 35 relating to persons with mental illness, references to "this 28 1 Act" (meaning 1975 Iowa Acts, chapter 139) are changed by 28 2 substituting "chapter 229", the new Code chapter enacted at 28 3 that time. Chapter 229 relates to the hospitalization of 28 4 persons with mental illness. The use of a Code reference 28 5 eliminates the need for asterisks and footnotes at these 28 6 sections. 28 7 Code section 231.53: In the section directing the 28 8 department of elder affairs to coordinate with job training 28 9 partnership programs, the term "department of workforce 28 10 development" is substituted for "department of economic 28 11 development" as the administering agency and strikes related 28 12 references to the department of economic development. 28 13 Administrative responsibility for job training partnership 28 14 programs was transferred to the department of workforce 28 15 development under 1996 Acts, chapter 1186. See Code section 28 16 84A.5(6)(e). 28 17 Code section 231C.4: In the new chapter relating to 28 18 assisted living programs for the elderly, the provision 28 19 relating to rules by the state fire marshal is amended by 28 20 inserting the word "standards" after "fire and safety" for 28 21 clarity. This is the wording used in the headnote. 28 22 Code section 232.89(1): A new sentence denying an 28 23 incarcerated noncustodial parent's right to counsel in CINA 28 24 proceedings in juvenile court is amended to provide that the 28 25 denial is limited to "court-appointed" counsel. This appears 28 26 to have been the intent under 1996 Acts, chapter 1193, section 28 27 5. 28 28 Code section 249F.1(2)(b)(6): In the chapter relating to 28 29 medical assistance debts and the transfer of assets, the 28 30 wording relating to one of the types of permitted transfers is 28 31 revised. The deletion of certain language by amendment in 28 32 1996 Acts, chapter 1107, section 3, resulted in awkward 28 33 sentence structure. 28 34 Code section 256B.2(3), unnumbered paragraph 1: In the 28 35 provision relating to special education services and 29 1 cooperation between the area education agencies and the board 29 2 of regents, a reference to "this Act" (meaning 1974 Iowa Acts, 29 3 chapter 1172) is changed by substituting "this chapter", 29 4 meaning chapter 256B, the special education chapter. 29 5 Code section 257.21, unnumbered paragraph 2: In the 29 6 section describing the computation of the property tax and 29 7 income surtax amounts in school districts where the 29 8 instructional support program is authorized, a reference to a 29 9 now-repealed provision which granted a seed capital credit on 29 10 the state income tax is stricken. 29 11 Code section 257.31(17)(d): In the new provision listing 29 12 duties of the school budget review committee relating to 29 13 school transportation assistance aid, a reference intended to 29 14 cite provision on the transfer of funds from fees for special 29 15 school transportation registration plates is corrected. 29 16 Code section 260C.39, unnumbered paragraphs 3 and 4: In 29 17 the section relating to community colleges and combining 29 18 merged areas, paragraphs dealing with the allocation of 29 19 additional state funds from the community college excellence 29 20 2000 account under former section 260D.14A are stricken. 29 21 Section 260D.14A was repealed by 1996 Acts, chapter 1215, 29 22 section 59. 29 23 Code section 260C.45, unnumbered paragraph 3: In the 29 24 section relating to the quality instructional centers program 29 25 for community colleges, a paragraph on funding from the 29 26 community college excellence 2000 account is stricken. 29 27 Code section 260C.46: References to funding from the 29 28 community college excellence 2000 account in the section on 29 29 community college sharing agreements are stricken. 29 30 Code section 260F.8(1): In the provision on reallocation 29 31 of funds for community college jobs training programs, awkward 29 32 wording which resulted from the amendment in 1996 Acts, 29 33 chapter 1180, section 15 is revised. 29 34 Code section 282.18(9), unnumbered paragraph 2: A 29 35 conforming change is made in the portion of the open 30 1 enrollment section dealing with financial arrangements in 30 2 cases where there has been a change in family residence but 30 3 the child continues in the original district without 30 4 interruption. An amendment in 1996 Acts, chapter 1157, 30 5 section 2, changed the basis of computation for payment by the 30 6 district of residence to the receiving district in subsection 30 7 7 but failed to change similar language in subsection 9. 30 8 Code section 321.210(1), unnumbered paragraph 1: In the 30 9 section relating to suspension of driver's licenses, the words 30 10 "twenty days" are changed to "thirty days" to conform to the 30 11 change in the notice period in the last paragraph of the 30 12 subsection by 1996 Acts, chapter 1152, section 15. 30 13 Code section 321E.14, unnumbered paragraph 2: In the 30 14 chapter relating to vehicles of excessive size and weight, a 30 15 paragraph relating to an obsolete provision stricken by 1996 30 16 Acts, chapter 1089, section 8, is stricken. The obsolete 30 17 provision affected the transportation of certain soil 30 18 conservation equipment for the 1983 registration year. 30 19 Code section 321L.1(4)(a): In the provision relating to 30 20 handicapped parking permits, the correct subsection reference 30 21 for handicapped registration plates under section 321.34 as 30 22 amended is substituted for the current reference. Former 30 23 subsection 7 was stricken and a new provision for handicapped 30 24 special plates was added (now numbered as subsection 14) by 30 25 1996 Acts, chapter 1088, sections 4 and 8. 30 26 Code section 331.438(2): In the section relating to mental 30 27 health and developmental disability funding, "allowed growth 30 28 factor adjustment" is substituted for "inflation factor 30 29 adjustment". "Inflation factor adjustment" provisions were 30 30 item vetoed in 1995. The new mechanism for growth added by 30 31 1996 Acts, chapter 1205, is known as the "allowed growth 30 32 factor adjustment". 30 33 Code section 331.602(14): A conforming change is made in 30 34 the list of duties of the county recorder by striking the 30 35 subsection relating to the livestock brand book and 31 1 supplements. Under section 169A.11, as amended by 1995 Acts, 31 2 chapter 60, section 7, the county recorder is no longer 31 3 responsible for keeping the brand book. The county's copy is 31 4 delivered to the sheriff. 31 5 Code section 372.4, unnumbered paragraph 2; 372.5, 31 6 unnumbered paragraph 3; and 372.12: The date "July 1, 1975" 31 7 is inserted as the operative effective date for municipal home 31 8 rule legislation. Substituting the date in these provisions 31 9 eliminates the need for asterisks and footnotes in the Code 31 10 citing specific session law chapters. 31 11 Code section 422.6, unnumbered paragraph 1; 422.10, 31 12 unnumbered paragraph 2; 422.12C(1), unnumbered paragraph 1; 31 13 and 422D.2: In the provisions relating to individual income 31 14 taxes, references to former section 422.11C (relating to the 31 15 seed capital credit) are stricken. The section was repealed 31 16 effective January 1, 1996, pursuant to 1992 Acts, chapter 31 17 1200, sections 2 and 4. 31 18 Code section 425.40: In the section relating to the low- 31 19 income tax credit and reimbursement fund, a reference to a 31 20 standing appropriation which was deleted from subsection 1 by 31 21 item veto in 1993 is stricken. See 1993 Acts, chapter 180, 31 22 section 9. 31 23 Code section 441.73(2) and (4): Terminology in the section 31 24 creating the litigation expense fund is corrected. The 31 25 section contains two references to the "litigation defense 31 26 fund". These appear to be erroneous and are changed to 31 27 "litigation expense fund" to match the headnote and other 31 28 references. 31 29 Code section 455A.11: In the section requiring the 31 30 department of natural resources to give preferences in 31 31 employment in temporary positions in conservation and outdoor 31 32 recreation, a reference to the former green thumb program and 31 33 its eligibility requirements is stricken and "lower income 31 34 persons who are sixty years of age or older" is substituted. 31 35 These age and income specifications were set out in former 32 1 Code section 15.227(1)(c). The new conservation corps 32 2 provision (section 84A.7, enacted in 1996 Iowa Acts, chapter 32 3 1186, section 14) mentions programs for the elderly but does 32 4 not contain details about eligibility for individual programs. 32 5 Code section 457B.1, article V, paragraph c: In the 32 6 portion of the midwest interstate low-level radioactive waste 32 7 compact relating to the suspension of certain rights of a 32 8 party state, the word "not" is inserted. The word was 32 9 inadvertently omitted in drafting the 1996 amendment. (See 32 10 1996 Iowa Acts, chapter 1051.) The official language of the 32 11 compact includes the word "not". 32 12 Code section 462A.77(3)(b): In the provision relating to 32 13 vessel certificates of title, a reference to section 462A.82 32 14 is corrected by specifying subsections 1 and 2 only (transfers 32 15 by operation of law). The change is made because 1996 Iowa 32 16 Acts, chapter 1020, section 2, expanded the scope of section 32 17 462A.82 by adding a new subsection 3 from which vessels 32 18 documented with the coast guard are not exempt. 32 19 Code section 499.4: A conforming change is made in chapter 32 20 499 by adding to those who are authorized to use the term 32 21 "cooperative" in their names or advertising. Section 501.104 32 22 authorizes use of the term by the new type of cooperative 32 23 corporations established in chapter 501. 32 24 Code section 501.404(1)(b): In the new chapter on 32 25 cooperative corporations, a provision relating to conflicts of 32 26 interest is amended to specify that the reference is to 32 27 subsection 2, paragraph "a", which refers to "another entity 32 28 in which the director has a material financial interest". 32 29 Code section 501.408: A correction in terminology is made 32 30 in a provision adapting the law on indemnification under 32 31 chapter 490 (corporations) to apply to the new chapter on 32 32 cooperatives. 32 33 Code section 502.207B: In the chapter on securities 32 34 regulation, obsolete references are deleted from the section 32 35 requiring reporting to legislative committees. The seed 33 1 capital tax credit was repealed effective January 1, 1996. 33 2 Code section 502.404: The words" this chapter" are 33 3 substituted for "this Act" in section relating to securities 33 4 broker-dealers and agents. Chapter 502 was newly enacted in 33 5 1975, and the reference was to 1975 Acts, chapter 234. 33 6 Code section 505.8(2): In the provision concerning rules 33 7 established by the commissioner of insurance, the term 33 8 "community health management information system" is 33 9 substituted for the former "state health data commission". 33 10 CHMIS is the successor organization to the health data 33 11 commission. 33 12 Code sections 523A.2(1)(d) and 523E.2(1)(d): In the 33 13 chapters regulating the sale of funeral services and 33 14 merchandise and cemetery merchandise, new sentences 33 15 authorizing the submission of information in an electronic 33 16 format are amended by changing "annual reports" to "notices" 33 17 to fit the context in each case. Annual reports are covered 33 18 by the language just preceding these paragraphs. See 1996 33 19 Iowa Acts, chapter 1160, sections 1, 2, 11, and 12. 33 20 Code section 524.1802(2): In the provision setting out 33 21 limitations on acquisitions by bank holding companies, a 33 22 reference to former section 524.1903 is stricken. That 33 23 section was one of several sections on regional banking which 33 24 were repealed by 1996 Iowa Acts, chapter 1056, section 24. 33 25 Code section 542B.27(1), unnumbered paragraph 1: In the 33 26 section on civil penalties for practicing engineering or land 33 27 surveying without a license, a reference is changed from 33 28 "other penalties provided for in this section" to "other 33 29 penalties provided for in this chapter". 33 30 Code section 542B.35(2)(c): A grammatical change is made 33 31 in a provision relating to real property inspection reports, 33 32 by substituting "a person shall not claim to be a licensed 33 33 land surveyor or a professional engineer" for "a person shall 33 34 not represent themselves as a licensed land surveyor or a 33 35 professional engineer". 34 1 Code section 543B.46(3): In the provision relating to 34 2 trust accounts of real estate brokers, a reference to "this 34 3 subsection" is added to replace "this section" where 34 4 exceptions are made for certain types of individual farm 34 5 accounts and individual property management accounts. 34 6 Code section 554.2512(1)(b): In the section of the Uniform 34 7 Commercial Code relating to payment by the buyer before 34 8 inspection of goods, the words "the provisions of" preceding 34 9 "this chapter" are stricken to conform the language to the 34 10 Uniform Act adopted in other states. 34 11 Code section 554.5116(4): In Article 5 of the Uniform 34 12 Commercial Code (letters of credit), a reference to Article 12 34 13 (funds transfers) is added to the list in the provision 34 14 stating that if there is a conflict between Article 5 and 34 15 certain other articles, Article 5 governs. The reference to 34 16 Article 12 was missed in 1996 Iowa Acts, chapter 1026, section 34 17 15, because of failure to translate "Article 4A" for purposes 34 18 of the Uniform Act into "Article 12" for purposes of the Iowa 34 19 Code. 34 20 Code section 554.8111: In the new section of Article 8 of 34 21 the Uniform Commercial Code (investment securities) relating 34 22 to conflicts between the UCC and certain clearing corporation 34 23 rules, "this chapter" is substituted for "this Article". It 34 24 appears from the commentary accompanying the Article 8 34 25 revisions that a reference to chapter 554 was intended. 34 26 Code section 554.8205, unnumbered paragraph 1: In the UCC 34 27 section relating to unauthorized signatures on security 34 28 certificates, the word "before" is added. The word was 34 29 inadvertently omitted when the section was amended in 1996 34 30 Iowa Acts, chapter 1138, section 28. 34 31 Code section 554.8401(1), unnumbered paragraph 1: In the 34 32 UCC provision relating to the issuer's duty to register 34 33 transfers of securities, the words "of an uncertificated 34 34 security" are inserted in the same manner as included in the 34 35 Uniform Act. See 1996 Iowa Acts, chapter 1138, section 41. 35 1 Code section 554.9305: The provision in Article 9 of the 35 2 Uniform Commercial Code is amended by striking "letters of 35 3 credit" (section 554.5114). This language is stricken in the 35 4 Uniform Act. See 1996 Iowa Acts, chapter 1026, section 27. 35 5 Code section 589.6: The word "or" is added in a section on 35 6 instruments affecting real estate, to read "releases or 35 7 satisfactions of mortgages, judgments, or any other liens". 35 8 This appears to be the intended meaning of the provision. 35 9 Code sections 602.8102(32) and 602.8104(2)(j): In the 35 10 sections relating to the duties and records of the clerk of 35 11 the district court, references to the marriage license book 35 12 and other vital statistics duties which are transferred to the 35 13 county recorder are stricken. The county recorder becomes the 35 14 county registrar of vital statistics effective July 1, 1997. 35 15 See Code section 144.9. 35 16 Code section 901A.1(2): In the definitions section of the 35 17 chapter on sexually predatory offenses, "section" is changed 35 18 to "chapter" for the applicability of the term "prior 35 19 conviction". The term is not used in the definitions section, 35 20 but it is used in the next section. 35 21 LSB 1456HC 77 35 22 lh/jw/5
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