Text: SF00117 Text: SF00119 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 118 1 2 1 3 AN ACT 1 4 RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE 1 5 TO REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, 1 6 DELETE REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY 1 7 LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE 1 8 ONGOING PROVISIONS, OR REMOVE AMBIGUITIES, AND PROVIDING 1 9 EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 74A.6, subsection 1, Code 1997, is 1 14 amended to read as follows: 1 15 1. The authority contained in this section shall be 1 16 exercised by a committee composed of the treasurer of state, 1 17 the superintendent of banking, the superintendent of credit 1 18 unions, and the auditor of state or a designee. 1 19 Sec. 2. Section 124.406, subsection 1, paragraph a, Code 1 20 1997, is amended to read as follows: 1 21 a. Unlawfully distributes or possesses with intent to 1 22 distribute a substance listed in schedule I or II to a person 1 23 under eighteen years of age commits a class "B" felony and 1 24 shall serve a minimum term of confinement of five years. 1 25 However, if the substance was distributed in or on, or within 1 26 one thousand feet of, the real property comprising a public or 1 27 private elementary or secondary school,or in or on the real1 28property comprising apublic park, public swimming pool, 1 29 public recreation center, or on a marked school bus, the 1 30 person shall serve a minimum term of confinement of ten years. 1 31 Sec. 3. Section 124.406, subsection 2, paragraph a, Code 1 32 1997, is amended to read as follows: 1 33 a. Unlawfully distributes or possesses with the intent to 1 34 distribute a counterfeit substance listed in schedule I or II, 1 35 or a simulated controlled substance represented to be a 2 1 substance classified in schedule I or II, to a person under 2 2 eighteen years of age commits a class "B" felony. However, if 2 3 the substance was distributed in or on, or within one thousand 2 4 feet of, the real property comprising a public or private 2 5 elementary or secondary school,or in or on the real property2 6comprising apublic park, public swimming pool, public 2 7 recreation center, or on a marked school bus, the person shall 2 8 serve a minimum term of confinement of ten years. 2 9 Sec. 4. Section 190.14, subsection 1, Code 1997, is 2 10 amended to read as follows: 2 11 1. The department shall administer this chapter consistent 2 12 with the provisions of the "Grade 'A' Pasteurized Milk 2 13 Ordinance, 1993 Revision", as provided in section 192.102. 2 14 Sec. 5. Section 191.9, subsection 1, Code 1997, is amended 2 15 to read as follows: 2 16 1. The department shall administer this chapter consistent 2 17 with the provisions of the "Grade 'A' Pasteurized Milk 2 18 Ordinance, 1993 Revision", as provided in section 192.102. 2 19 Sec. 6. Section 192.102, Code 1997, is amended to read as 2 20 follows: 2 21 192.102 GRADE "A" PASTEURIZED MILK ORDINANCE. 2 22 The department shall adopt, by rule, the "Grade 'A' 2 23 Pasteurized Milk Ordinance,19931995 Revision", including a 2 24 subsequent revision of the ordinance. If the ordinance 2 25 specifies that compliance with a provision of the ordinance's 2 26 appendices is mandatory, the department shall also adopt that 2 27 provision. The department shall not amend the ordinance, 2 28 unless the department explains each amendment and reasons for 2 29 the amendment in the Iowa administrative bulletin when the 2 30 rules are required to be published pursuant to chapter 17A. 2 31 The department shall administer this chapter consistent with 2 32 the provisions of the ordinance. 2 33 Sec. 7. Section 192.110, subsection 2, Code 1997, is 2 34 amended to read as follows: 2 35 2. The facilities and equipment used to produce, store, or 3 1 transport milk or milk products comply with requirements of 3 2 the "Grade 'A' Pasteurized Milk Ordinance, 1993 Revision" as 3 3 provided in section 192.102. 3 4 Sec. 8. Section 542B.10, Code 1997, is amended to read as 3 5 follows: 3 6 542B.10 ANNUAL REPORT. 3 7 At the time provided by law, the board shall submit to the 3 8 governor a written report of its transactions for the 3 9 preceding year, and shall file with the secretary of state a 3 10 copy thereof,together with a complete statement of the3 11receipts and expenditures of the board,attested by the 3 12 affidavits of the chairperson and the secretary, and a 3 13 complete list of those licensed under this chapter with their 3 14 addresses and the dates of their certificates of licensure. 3 15 Said report shall be printed by the state and a copy mailed 3 16 to, and placed on file in the office of the clerk of each 3 17 incorporated city in the state and in the office of the 3 18 auditor of each county therein. 3 19 Sec. 9. Section 542C.3, subsection 3, unnumbered paragraph 3 20 2, Code 1997, is amended to read as follows: 3 21 The board shall make a biennial report to the governor of 3 22 its proceedings, withan account of all moneys received and3 23disbursed,a list of the names of certified public accountants 3 24 and accounting practitioners whose certificates, permits to 3 25 practice, or licenses have been revoked or suspended, and 3 26 other information as it deems proper or the governor requests. 3 27 Sec. 10. Section 544A.4, Code 1997, is amended to read as 3 28 follows: 3 29 544A.4 REPORT. 3 30 On or before the thirtieth day of June of each year the 3 31 board shall submit to the governor a report of its 3 32 transactions for the preceding year, together with a complete3 33statement of the receipts and expenditures of the board. This 3 34 report shall include a roster of the name, place of business 3 35 and number of certificate of registration of every registered 4 1 architect entitled to practice the profession in the state of 4 2 Iowa. A copy of this report shall be filed with the secretary 4 3 of state. 4 4 Sec. 11. Section 544B.6, Code 1997, is amended to read as 4 5 follows: 4 6 544B.6 ANNUAL REPORT. 4 7 Before the first day of July of each year the board shall 4 8 submit to the governor a report of its transactions for the 4 9 preceding year, together with a complete statement of the4 10receipts and expenditures of the board. This report shall 4 11 include the roster of registered landscape architects. A copy 4 12 of this report shall be filed with the secretary of state. 4 13 Sec. 12. Section 669.2, subsection 4, Code 1997, is 4 14 amended to read as follows: 4 15 4. "Employee of the state" includes any one or more 4 16 officers, agents, or employees of the state or any state 4 17 agency, including members of the general assembly, and persons 4 18 acting on behalf of the state or any state agency in any 4 19 official capacity, temporarily or permanently in the service 4 20 of the state of Iowa, whether with or without compensation, 4 21 but does not include a contractor doing business with the 4 22 state. Professional personnel, including physicians, 4 23 osteopathic physicians and surgeons, osteopathic physicians, 4 24 optometrists, dentists, nurses, physician assistants, and 4 25 other medical personnel, who render services to patients or 4 26 inmates of state institutions under the jurisdiction of the 4 27 department of human services, and employees of the commission4 28of veterans affairs,or the Iowa department of corrections, 4 29 and employees of the commission of veterans affairs, are to be 4 30 considered employees of the state, whether the personnel are 4 31 employed on a full-time basis or render services on a part- 4 32 time basis on a fee schedule or other arrangement. Criminal 4 33 defendants while performing unpaid community service ordered 4 34 by the district court, board of parole, or judicial district 4 35 department of correctional services, or an inmate providing 5 1 services pursuant to a chapter 28E agreement entered into 5 2 pursuant to section 904.703, are to be considered employees of 5 3 the state. 5 4 "Employee of the state" also includes an individual 5 5 performing unpaid community service under an order of the 5 6 district court pursuant to section 598.23A. 5 7 Sec. 13. Section 692A.1, subsection 6, paragraph h, Code 5 8 1997, is amended to read as follows: 5 9 h. A criminal offense committed in another jurisdiction 5 10 which would constitute an indictable offense under paragraphs 5 11 "a" through"c" and"g" if committed in this state. 5 12 Sec. 14. Section 708.2A, subsections 6, 7, and 9, Code 5 13 1997, are amended to read as follows: 5 14 6. a. A person convicted of violating subsection 2 or 3 5 15 shall serve a minimum term of two days of the sentence imposed 5 16 by law, and shall not be eligible for suspension of the 5 17 minimum sentence. The minimum term shall be served on 5 18 consecutive days. The court shall not impose a fine in lieu 5 19 of the minimum sentence, although a fine may be imposed in 5 20 addition to the minimum sentence. This section does not 5 21 prohibit the court from sentencing and thedefendantperson 5 22 from serving the maximum term of confinement or from paying 5 23 the maximum fine permitted pursuant to chapters 902 and 903, 5 24 and does not prohibit the court from entering a deferred 5 25 judgment or sentence pursuant to section 907.3, if the 5 26defendantperson has not previously received a deferred 5 27 sentence or judgment for a violation of section 708.2 or this 5 28 section which was issued on a domestic abuse assault. 5 29However, once the defendant has received one deferred sentence5 30or judgment involving a violation of section 708.2 or this5 31section which was issued on a domestic abuse assault, the5 32defendant shall not be eligible to receive another deferred5 33sentence or judgment for a violation of this section.5 34 b. A person convicted of violating subsection 4 shall be 5 35sentenced to a term of not less than one year andcommitted to 6 1 the custody of the director of the department of corrections, 6 2 shall serve a minimum of one year of the sentence imposed, and 6 3 shall be assessed a fine ofnot less thanat least seven 6 4 hundred fifty dollars. Notwithstanding section 901.5, 6 5 subsection 3, and section 907.3, subsection 3, the sentence 6 6 cannot be suspended; however, the person sentenced shall 6 7 receive credit for any time the person was confined in a jail 6 8 or detention facility following arrest. 6 9 7. If adefendantperson is convicted for, receives a 6 10 deferred judgment for, or pleads guilty to a violation of this 6 11 section, the court shall modify the no-contact order issued 6 12 upon initial appearance in the manner provided in section 6 13 236.14, regardless of whether thedefendantperson is placed 6 14 on probation. 6 15 9. In addition to the mandatory minimum term of 6 16 confinement imposed by subsection 6, paragraph "a", the court 6 17 shall order adefendantperson convicted under subsection 2 or 6 18 3 to participate in a batterers' treatment program as required 6 19 under section 708.2B. In addition, as a condition of 6 20 deferring judgment or sentence pursuant to section 907.3, the 6 21 court shall order thedefendantperson to participate in a 6 22 batterers' treatment program. The clerk of the district court 6 23 shall send a copy of the judgment or deferred judgment to the 6 24 judicial district department of correctional services. 6 25 Sec. 15. EFFECTIVE AND APPLICABILITY DATES. The section 6 26 which amends section 669.2, subsection 4, of this Act, being 6 27 deemed of immediate importance, takes effect upon enactment 6 28 and applies retroactively to July 1, 1996. 6 29 6 30 6 31 6 32 MARY E. KRAMER 6 33 President of the Senate 6 34 6 35 7 1 7 2 RON J. CORBETT 7 3 Speaker of the House 7 4 7 5 I hereby certify that this bill originated in the Senate and 7 6 is known as Senate File 118, Seventy-seventh General Assembly. 7 7 7 8 7 9 7 10 MARY PAT GUNDERSON 7 11 Secretary of the Senate 7 12 Approved , 1997 7 13 7 14 7 15 7 16 TERRY E. BRANSTAD 7 17 Governor
Text: SF00117 Text: SF00119 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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