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Senate File 2136

Partial Bill History

Bill Text

PAG LIN
  1  1                                         SENATE FILE 2136
  1  2                             AN ACT
  1  3 RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE
  1  4    TO REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS,
  1  5    DELETE REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY
  1  6    LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE
  1  7    ONGOING PROVISIONS, OR REMOVE AMBIGUITIES, AND PROVIDING
  1  8    EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.  
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11 
  1 12    Section 1.  Section 19A.3, subsection 13, Code Supplement
  1 13 1997, is amended to read as follows:
  1 14    13.  Members of the Iowa highway safety state patrol and
  1 15 other peace officers employed by the department of public
  1 16 safety.  The commissioner of public safety shall adopt rules
  1 17 not inconsistent with the objectives of this chapter for the
  1 18 persons described in this subsection.
  1 19    Sec. 2.  Section 29A.79, unnumbered paragraph 2, Code 1997,
  1 20 is amended to read as follows:
  1 21    The Iowa national guard shall be requested to provide the
  1 22 emergency helicopter ambulance service from its available
  1 23 staffed helicopters when the plan is implemented on order of
  1 24 the governor at the request of the Iowa highway safety state
  1 25 patrol, or the administrative heads of the hospitals located
  1 26 in Iowa, unless the Iowa national guard does not have a
  1 27 staffed helicopter available or is in active service under the
  1 28 armed forces of the United States.
  1 29    Sec. 3.  Section 80.4, Code 1997, is amended to read as
  1 30 follows:
  1 31    80.4  HIGHWAY IOWA STATE PATROL.
  1 32    The Iowa highway safety state patrol is established in the
  1 33 department of public safety.  The patrol shall be under the
  1 34 direction of the commissioner of public safety.
  1 35    Sec. 4.  Section 80.6, Code 1997, is amended to read as
  2  1 follows:
  2  2    80.6  IMPERSONATING OFFICER – UNIFORM.
  2  3    Any person who impersonates a member of the Iowa safety
  2  4 state patrol or other officer or employee of the department,
  2  5 or wears a uniform likely to be confused with the official
  2  6 uniform of any such officer, with intent to deceive anyone,
  2  7 shall be guilty of a simple misdemeanor.
  2  8    Sec. 5.  Section 80.8, unnumbered paragraphs 2 and 3, Code
  2  9 1997, are amended to read as follows:
  2 10    The commissioner may delegate to the members of the Iowa
  2 11 highway safety state patrol such additional duties in the
  2 12 enforcement of this chapter as the commissioner may deem
  2 13 proper and incidental to the duties now imposed upon them by
  2 14 law.
  2 15    The salaries of all members and employees of the department
  2 16 and the expenses of the department shall be provided for by
  2 17 the legislative appropriation therefor.  The compensation of
  2 18 the members of the highway Iowa state patrol shall be fixed
  2 19 according to grades as to rank and length of service by the
  2 20 commissioner with the approval of the governor.  The members
  2 21 of the highway Iowa state patrol shall be paid additional
  2 22 compensation in accordance with the following formula:  When
  2 23 members of the highway Iowa state patrol have served for a
  2 24 period of five years their compensation then being paid shall
  2 25 be increased by the sum of twenty-five dollars per month
  2 26 beginning with the month succeeding the foregoing described
  2 27 five-year period; when members thereof have served for a
  2 28 period of ten years their compensation then being paid shall
  2 29 be increased by the sum of twenty-five dollars per month
  2 30 beginning with the month succeeding the foregoing described
  2 31 ten-year period, such sums being in addition to the increase
  2 32 provided herein to be paid after five years of service; when
  2 33 members thereof have served for a period of fifteen years
  2 34 their compensation then being paid shall be increased by the
  2 35 sum of twenty-five dollars per month beginning with the month
  3  1 succeeding the foregoing described fifteen-year period, such
  3  2 sums being in addition to the increases previously provided
  3  3 for herein; when members thereof have served for a period of
  3  4 twenty years their compensation then being paid shall be
  3  5 increased by the sum of twenty-five dollars per month
  3  6 beginning with the month succeeding the foregoing described
  3  7 twenty-year period, such sums being in addition to the
  3  8 increases previously provided for herein.  While on active
  3  9 duty each member shall also receive a flat daily sum as fixed
  3 10 by the commissioner with the approval of the governor for
  3 11 meals while away from the office to which the member has been
  3 12 assigned and within the member's district.
  3 13    Sec. 6.  Section 80.9, subsection 2, paragraph h, Code
  3 14 1997, is amended to read as follows:
  3 15    h.  To maintain a vehicle theft unit in the Iowa highway
  3 16 safety state patrol to investigate and assist in the
  3 17 examination and identification of stolen, altered, or
  3 18 forfeited vehicles.
  3 19    Sec. 7.  Section 80.15, Code 1997, is amended to read as
  3 20 follows:
  3 21    80.15  EXAMINATION – OATH – PROBATION – DISCIPLINE –
  3 22 DISMISSAL.
  3 23    An applicant for membership in the department of public
  3 24 safety, except clerical workers and special agents appointed
  3 25 under section 80.7, shall not be appointed as a member until
  3 26 the applicant has passed a satisfactory physical and mental
  3 27 examination.  In addition, the applicant must be a citizen of
  3 28 the United States and be not less than twenty-two years of
  3 29 age.  The mental examination shall be conducted under the
  3 30 direction or supervision of the commissioner of public safety
  3 31 and may be oral or written or both.  Each applicant shall take
  3 32 an oath on becoming a member of the force, to uphold the laws
  3 33 and Constitution of the United States and of the state of
  3 34 Iowa.  During the period of twelve months after appointment,
  3 35 any member of the department of public safety, except members
  4  1 of the present Iowa highway safety state patrol who have
  4  2 served more than six months, is subject to dismissal at the
  4  3 will of the commissioner.  After the twelve months' service, a
  4  4 member of the department, who was appointed after having
  4  5 passed the examinations, is not subject to dismissal,
  4  6 suspension, disciplinary demotion, or other disciplinary
  4  7 action resulting in the loss of pay unless charges have been
  4  8 filed with the department of inspections and appeals and a
  4  9 hearing held by the employment appeal board created by section
  4 10 10A.601, if requested by the member, at which the member has
  4 11 an opportunity to present a defense to the charges.  The
  4 12 decision of the appeal board is final, subject to the right of
  4 13 judicial review in accordance with the terms of the Iowa
  4 14 administrative procedure Act.  However, these procedures as to
  4 15 dismissal, suspension, demotion, or other discipline do not
  4 16 apply to a member who is covered by a collective bargaining
  4 17 agreement which provides otherwise nor to the demotion of a
  4 18 division head to the rank which the division head held at the
  4 19 time of appointment as division head, if any.  A division head
  4 20 who is demoted has the right to return to the rank which the
  4 21 division head held at the time of appointment as division
  4 22 head, if any.  All rules, except employment provisions
  4 23 negotiated pursuant to chapter 20, regarding the enlistment,
  4 24 appointment, and employment affecting the personnel of the
  4 25 department shall be established by the commissioner in
  4 26 consultation with the director of the department of personnel,
  4 27 subject to approval by the governor.
  4 28    Sec. 8.  Section 80.17, subsection 4, Code 1997, is amended
  4 29 to read as follows:
  4 30    4.  Division of highway safety and uniformed force the Iowa
  4 31 state patrol.
  4 32    Sec. 9.  Section 85.61, subsection 11, unnumbered paragraph
  4 33 1, Code Supplement 1997, is amended to read as follows:
  4 34    "Worker" or "employee" means a person who has entered into
  4 35 the employment of, or works under contract of service, express
  5  1 or implied, or apprenticeship, for an employer; an executive
  5  2 officer elected or appointed and empowered under and in
  5  3 accordance with the charter and bylaws of a corporation,
  5  4 including a person holding an official position, or standing
  5  5 in a representative capacity of the employer; an official
  5  6 elected or appointed by the state, or a county, school
  5  7 district, area education agency, municipal corporation, or
  5  8 city under any form of government; a member of the Iowa
  5  9 highway safety state patrol; a conservation officer; and a
  5 10 proprietor, limited liability company member, or partner who
  5 11 elects to be covered pursuant to section 85.1A, except as
  5 12 specified in this chapter.
  5 13    Sec. 10.  Section 96.13, subsection 3, paragraph b, Code
  5 14 1997, is amended to read as follows:
  5 15    b.  The department shall annually report to the joint
  5 16 regulations economic development appropriations subcommittee
  5 17 on its plans for expenditures during the next state fiscal
  5 18 year from the special employment security contingency fund.
  5 19 The report shall describe the specific expenditures and
  5 20 explain why the expenditures are to be made from the fund and
  5 21 not from federal administrative funds.
  5 22    Sec. 11.  Section 97A.1, subsection 13, Code 1997, is
  5 23 amended to read as follows:
  5 24    13.  "Peace officer" or "peace officers" shall mean all
  5 25 members of the divisions of highway safety and uniformed force
  5 26 the Iowa state patrol and criminal investigation and bureau of
  5 27 identification in the department of public safety, except
  5 28 clerical workers, including but not limited to gaming
  5 29 enforcement officers employed by the division of criminal
  5 30 investigation for excursion boat gambling enforcement
  5 31 activities, who have passed a satisfactory physical and mental
  5 32 examination and have been duly appointed as members of the
  5 33 state department of public safety in accordance with section
  5 34 80.15, and the division of drug law enforcement, and arson
  5 35 investigators and fire prevention inspector peace officers in
  6  1 the department of public safety, except clerical workers,
  6  2 employees of the division of capitol police, except clerical
  6  3 workers, and the division of beer and liquor law enforcement
  6  4 of the department of public safety, except clerical workers.
  6  5    Sec. 12.  Section 97A.4, unnumbered paragraph 2, Code 1997,
  6  6 is amended to read as follows:
  6  7    Any member of the system who has been employed continuously
  6  8 prior to the passage of this chapter in the division of
  6  9 highway safety, uniformed force, and radio communications the
  6 10 Iowa state patrol or the division of criminal investigation
  6 11 and bureau of identification in the department of public
  6 12 safety, or as a member of the Iowa highway safety state
  6 13 patrol, or as a peace officer or a member of the uniformed
  6 14 force in any department or division whose functions were
  6 15 transferred to, merged, or consolidated in the department of
  6 16 public safety at the time such department was created, shall
  6 17 receive credit for such service in determining retirement and
  6 18 disability benefits provided for in this chapter.  Arson
  6 19 investigators who have contributed to this system prior to
  6 20 July 1, 1978 shall receive credit for such service in
  6 21 determining retirement and disability benefits.
  6 22    Sec. 13.  Section 97A.6, subsection 8, paragraph b, Code
  6 23 1997, is amended to read as follows:
  6 24    b.  In lieu of the payment specified in paragraph "a," a
  6 25 beneficiary meeting the qualifications of paragraph "c" may
  6 26 elect to receive a monthly pension equal to one-twelfth of
  6 27 forty percent of the average final compensation of the member,
  6 28 but not less than an amount equal to twenty percent of the
  6 29 monthly earnable compensation paid to an active member having
  6 30 the rank of senior patrol officer of the Iowa highway safety
  6 31 state patrol if the member was in service at the time of
  6 32 death.  For a member not in service at the time of death, the
  6 33 pension shall be reduced as provided in subsection 1,
  6 34 paragraph "b".
  6 35    For a member not in service at the time of death, the
  7  1 pension shall be paid commencing when the member would have
  7  2 attained the age of fifty-five except that if there is a child
  7  3 of the member, the pension shall be paid commencing with the
  7  4 member's death until the children reach the age of eighteen,
  7  5 or twenty-two if applicable.  The pension shall resume
  7  6 commencing when the member would have attained the age of
  7  7 fifty-five.
  7  8    For a member in service at the time of death, the pension
  7  9 shall be paid commencing with the member's death.  In addition
  7 10 to the pension, there shall also be paid for each child of a
  7 11 member, a monthly pension equal to six percent of the monthly
  7 12 earnable compensation payable to an active member having the
  7 13 rank of senior patrol officer of the Iowa highway safety state
  7 14 patrol.
  7 15    For the purpose of this chapter, a senior patrol officer is
  7 16 a person who has completed ten years of service in the Iowa
  7 17 highway safety state patrol.
  7 18    Notwithstanding section 97A.6, subsection 8, Code 1985,
  7 19 effective July 1, 1990, for a member's surviving spouse who,
  7 20 prior to July 1, 1986, elected to receive pension benefits
  7 21 under this paragraph, the monthly pension benefit shall be
  7 22 equal to the higher of one-twelfth of forty percent of the
  7 23 average final compensation of the member, or the amount the
  7 24 surviving spouse was receiving on July 1, 1990.
  7 25    Sec. 14.  Section 97A.6, subsection 9, paragraph c, Code
  7 26 1997, is amended to read as follows:
  7 27    c.  In addition to the benefits for the surviving spouse
  7 28 enumerated in this subsection, there shall also be paid for
  7 29 each child of a member a monthly pension equal to six percent
  7 30 of the monthly earnable compensation payable to an active
  7 31 member having the rank of senior patrol officer of the Iowa
  7 32 highway safety state patrol.
  7 33    Sec. 15.  Section 97A.6, subsection 12, paragraph a, Code
  7 34 1997, is amended to read as follows:
  7 35    a.  To the member's surviving spouse, equal to one-half the
  8  1 amount received by the deceased beneficiary, but in no
  8  2 instance less than an amount equal to twenty-five percent of
  8  3 the monthly earnable compensation paid to an active member
  8  4 having the rank of senior patrol officer of the Iowa highway
  8  5 safety state patrol, and in addition a monthly pension equal
  8  6 to the monthly pension payable under subsection 9, paragraph
  8  7 "c", of this section for each child under eighteen years of
  8  8 age or twenty-two years of age if applicable; or
  8  9    Sec. 16.  Section 97A.6, subsection 14, paragraph a,
  8 10 unnumbered paragraph 4, Code 1997, is amended to read as
  8 11 follows:
  8 12    As of the first of July of each year, the monthly pension
  8 13 payable to each surviving child under the provisions of
  8 14 subsections 8, 9 and 12 of this section shall be adjusted to
  8 15 equal six percent of the monthly earnable compensation payable
  8 16 on that July 1 to an active member having the rank of senior
  8 17 patrol officer of the Iowa highway safety state patrol.
  8 18    Sec. 17.  Section 101A.10, Code 1997, is amended to read as
  8 19 follows:
  8 20    101A.10  PERSONS AND AGENCIES EXEMPT.
  8 21    This chapter shall not apply to the transportation and use
  8 22 of explosive materials by the regular military or naval forces
  8 23 of the United States, the duly organized militia of this
  8 24 state, representatives of the state fire marshal, the Iowa
  8 25 highway safety state patrol, division of criminal
  8 26 investigation and bureau of identification, local police
  8 27 departments, sheriffs departments, and fire departments acting
  8 28 in their official capacity; nor shall this chapter apply to
  8 29 the transportation and use of explosive materials by any peace
  8 30 officer to enforce provisions of this chapter when the peace
  8 31 officer is acting pursuant to such authority, however, other
  8 32 agencies of the state or any of its political subdivisions
  8 33 desiring to purchase, possess, transport, or use explosive
  8 34 materials for construction or other purposes shall be required
  8 35 to obtain user's permits.
  9  1    Sec. 18.  Section 172B.1, subsection 1, Code 1997, is
  9  2 amended to read as follows:
  9  3    1.  "Law enforcement officer" means a an Iowa state highway
  9  4 safety patrol officer, a sheriff, or other peace officer so
  9  5 designated by this state or by a county or municipality.
  9  6    Sec. 19.  Section 307.12, subsection 13, Code 1997, is
  9  7 amended to read as follows:
  9  8    13.  Adopt, after consultation with the department of
  9  9 natural resources and the department of public safety, rules
  9 10 relating to enforcement of the rules regarding transportation
  9 11 of hazardous wastes adopted by the department of natural
  9 12 resources.  The department and the division of the highway
  9 13 safety Iowa state patrol of the department of public safety
  9 14 shall carry out the enforcement of the rules.
  9 15    Sec. 20.  Section 321.2, unnumbered paragraph 2, Code 1997,
  9 16 is amended to read as follows:
  9 17    The division of the highway safety Iowa state patrol of the
  9 18 department of public safety shall enforce the provisions of
  9 19 this chapter relating to traffic on the public highways of the
  9 20 state, including those relating to the safe and legal
  9 21 operation of passenger cars, motorcycles, motor trucks and
  9 22 buses, and to see that proper safety rules are observed.
  9 23    Sec. 21.  Section 321.19, subsection 1, unnumbered
  9 24 paragraph 2, Code Supplement 1997, is amended to read as
  9 25 follows:
  9 26    The department shall furnish, on application, free of
  9 27 charge, distinguishing plates for vehicles thus exempted,
  9 28 which plates except plates on Iowa highway safety state patrol
  9 29 vehicles shall bear the word "official" and the department
  9 30 shall keep a separate record.  Registration plates issued for
  9 31 Iowa highway safety state patrol vehicles, except unmarked
  9 32 patrol vehicles, shall bear two red stars on a yellow
  9 33 background, one before and one following the registration
  9 34 number on the plate, which registration number shall be the
  9 35 officer's badge number.  Registration plates issued for a
 10  1 county sheriff's patrol vehicles shall display one seven-
 10  2 pointed gold star followed by the letter "S" and the call
 10  3 number of the vehicle.  However, the director of general
 10  4 services or the director of transportation may order the
 10  5 issuance of regular registration plates for any exempted
 10  6 vehicle used by peace officers in the enforcement of the law,
 10  7 persons enforcing chapter 124 and other laws relating to
 10  8 controlled substances, persons in the department of justice,
 10  9 the alcoholic beverages division of the department of
 10 10 commerce, the department of inspections and appeals, and the
 10 11 department of revenue and finance, who are regularly assigned
 10 12 to conduct investigations which cannot reasonably be conducted
 10 13 with a vehicle displaying "official" state registration
 10 14 plates, and persons in the lottery division of the department
 10 15 of revenue and finance whose regularly assigned duties
 10 16 relating to security or the carrying of lottery tickets cannot
 10 17 reasonably be conducted with a vehicle displaying "official"
 10 18 registration plates.  For purposes of sale of exempted
 10 19 vehicles, the exempted governmental body, upon the sale of the
 10 20 exempted vehicle, may issue for in-transit purposes a
 10 21 pasteboard card bearing the words "Vehicle in Transit", the
 10 22 name of the official body from which the vehicle was
 10 23 purchased, together with the date of the purchase plainly
 10 24 marked in at least one-inch letters, and other information
 10 25 required by the department.  The in-transit card is valid for
 10 26 use only within forty-eight hours after the purchase date as
 10 27 indicated on the bill of sale which shall be carried by the
 10 28 driver.
 10 29    Sec. 22.  Section 321.89, subsection 1, paragraph c, Code
 10 30 1997, is amended to read as follows:
 10 31    c.  "Police authority" means the Iowa highway safety state
 10 32 patrol, any law enforcement agency of a county or city, or any
 10 33 special security officer employed by the state board of
 10 34 regents under section 262.13.
 10 35    Sec. 23.  Section 321.266, subsections 1 and 4, Code
 11  1 Supplement 1997, are amended to read as follows:
 11  2    1.  The driver of a vehicle involved in an accident
 11  3 resulting in injury to or death of any person shall
 11  4 immediately by the quickest means of communication give notice
 11  5 of such accident to the sheriff of the county in which said
 11  6 accident occurred, or the nearest office of the Iowa highway
 11  7 safety state patrol, or to any other peace officer as near as
 11  8 practicable to the place where the accident occurred.
 11  9    4.  Notwithstanding section 455B.386, a carrier
 11 10 transporting hazardous material upon a public highway in this
 11 11 state, in the case of an accident involving the transportation
 11 12 of the hazardous material, shall immediately notify the police
 11 13 radio broadcasting system established pursuant to section
 11 14 693.1 or shall notify a peace officer of the county or city in
 11 15 which the accident occurs.  When a local law enforcement
 11 16 agency is informed of the accident, the agency shall notify
 11 17 the Iowa highway safety state patrol and the state department
 11 18 of transportation office of motor vehicle enforcement.  A
 11 19 person who violates a provision of this subsection is guilty
 11 20 of a serious misdemeanor.
 11 21    Sec. 24.  Section 321.380, Code 1997, is amended to read as
 11 22 follows:
 11 23    321.380  ENFORCEMENT.
 11 24    It shall be the duty of all peace officers and of the
 11 25 highway safety Iowa state patrol to enforce the provisions of
 11 26 sections 321.372 to 321.379.
 11 27    Sec. 25.  Section 321.457, subsection 3, Code 1997, is
 11 28 amended to read as follows:
 11 29    3.  Fire fighting apparatus and vehicles operated during
 11 30 daylight hours when transporting poles, pipe, machinery, or
 11 31 other objects of a structural nature which cannot be readily
 11 32 disassembled when required for emergency repair of public
 11 33 service facilities or properties are not subject to the
 11 34 limitations on overall length of vehicles and combinations of
 11 35 vehicles imposed under this section.  However, for operation
 12  1 during nighttime hours, these vehicles and the load being
 12  2 transported shall be equipped with a sufficient number of
 12  3 clearance lamps on both sides and marker lamps at the extreme
 12  4 ends of the projecting load to clearly mark the dimensions of
 12  5 the load.  A member of the Iowa state highway safety patrol
 12  6 shall also be notified prior to the operation of the vehicle.
 12  7    Sec. 26.  Section 321G.18, Code 1997, is amended to read as
 12  8 follows:
 12  9    321G.18  NEGLIGENCE.
 12 10    The owner and operator of an all-terrain vehicle or
 12 11 snowmobile is are liable for any injury or damage occasioned
 12 12 by the negligent operation of the all-terrain vehicle or
 12 13 snowmobile.
 12 14    Sec. 27.  Section 321J.1, subsection 7, paragraph a, Code
 12 15 1997, is amended to read as follows:
 12 16    a.  A member of the highway Iowa state patrol.
 12 17    Sec. 28.  Section 331.907, subsection 1, Code 1997, is
 12 18 amended to read as follows:
 12 19    1.  The annual compensation of the auditor, treasurer,
 12 20 recorder, sheriff, county attorney, and supervisors shall be
 12 21 determined as provided in this section.  The county
 12 22 compensation board annually shall review the compensation paid
 12 23 to comparable officers in other counties of this state, other
 12 24 states, private enterprise, and the federal government.  In
 12 25 setting the salary of the county sheriff, the county
 12 26 compensation board shall consider setting the sheriff's salary
 12 27 so that it is comparable to salaries paid to professional law
 12 28 enforcement administrators and command officers of the Iowa
 12 29 highway safety state patrol, the division of criminal
 12 30 investigation of the department of public safety, and city
 12 31 police agencies in this state.  The county compensation board
 12 32 shall prepare a compensation schedule for the elective county
 12 33 officers for the succeeding fiscal year.  A recommended
 12 34 compensation schedule requires a majority vote of the
 12 35 membership of the county compensation board.
 13  1    Sec. 29.  Section 452A.76, unnumbered paragraph 1, Code
 13  2 1997, is amended to read as follows:
 13  3    Authority to enforce division III is given to the state
 13  4 department of transportation.  Employees of the department of
 13  5 transportation designated enforcement employees have the power
 13  6 of peace officers in the performance of their duties; however,
 13  7 they shall not be considered members of the Iowa highway
 13  8 safety state patrol.  The department of transportation shall
 13  9 furnish enforcement employees with necessary equipment and
 13 10 supplies in the same manner as provided in section 80.18,
 13 11 including uniforms which are distinguishable in color and
 13 12 design from those of the Iowa highway safety state patrol.
 13 13 Enforcement employees shall be furnished and shall
 13 14 conspicuously display badges of authority.
 13 15    Sec. 30.  Section 529.1, subsections 2, 9, and 11, Code
 13 16 1997, are amended to read as follows:
 13 17    2.  "Check cashing" means exchanging for compensation a
 13 18 check, draft, money order, traveler's check, or a payment
 13 19 instrument of a licensee money transmitter for money delivered
 13 20 to the presenter at the time and place of the presentation.
 13 21    9.  "Money transmitter" means a person who is located or
 13 22 doing business in this state, including a check cashier casher
 13 23 and a foreign money exchanger, and who does any of the
 13 24 following:
 13 25    a.  Sells or issues payment instruments.
 13 26    b.  Conducts the business of receiving money for the
 13 27 transmission of or transmitting money.
 13 28    c.  Conducts the business of exchanging payment instruments
 13 29 or money into any form of money or payment instrument.
 13 30    d.  Conducts the business of receiving money for obligors
 13 31 for the purpose of paying obligors' bills, invoices, or
 13 32 accounts.
 13 33    e.  Meets the definition of a bank, financial agency, or
 13 34 financial institution as prescribed by 31 U.S.C. } 5312 or 31
 13 35 C.F.R. } 103.11 and any successor provisions.
 14  1    11.  "Proceeds" means property acquired or derived directly
 14  2 or indirectly from, produced through, realized through, or
 14  3 caused by an act or omission and includes any property of any
 14  4 kind.
 14  5    11A.  "Property" means anything of value, and includes any
 14  6 interest in property, including any benefit, privilege, claim,
 14  7 or right with respect to anything of value, whether real or
 14  8 personal, tangible or intangible, without reduction for
 14  9 expenses incurred for acquisition, maintenance, production, or
 14 10 any other purpose.
 14 11    Sec. 31.  Section 529.2, subsection 6, paragraph b, Code
 14 12 1997, is amended to read as follows:
 14 13    b.  With the intent to disguise the fact that money or a
 14 14 payment instrument is the proceeds of criminal conduct, or
 14 15 with intent to promote, manage, establish, carry on, or
 14 16 facilitate the promotion, management, establishment, or
 14 17 carrying on of any criminal conduct, or with intent to evade
 14 18 the making or filing of a report required under this chapter,
 14 19 or with intent to cause the making or filing of a report that
 14 20 contains a material omission or misstatement of fact, or with
 14 21 intent to conduct or structure a transaction or series of
 14 22 transactions by or through one or more licensees, authorized
 14 23 delegates, money transmitters, financial institutions, or
 14 24 persons engaged in a trade or business.
 14 25    Sec. 32.  Section 600B.41A, subsection 3, paragraph e,
 14 26 subparagraph (1), Code Supplement 1997, is amended to read as
 14 27 follows:
 14 28    (1)  Unless otherwise specified pursuant to subsection 2 or
 14 29 8 9, blood or genetic testing shall be conducted in an action
 14 30 to overcome the establishment of paternity.
 14 31    Sec. 33.  Section 706A.2, subsection 3, Code 1997, is
 14 32 amended to read as follows:
 14 33    3.  MONEY LAUNDERING.  It is unlawful for a person to
 14 34 commit money laundering as defined in violation of chapter
 14 35 706B.
 15  1    Sec. 34.  Section 706A.3, subsection 8, paragraph b, Code
 15  2 1997, is amended to read as follows:
 15  3    b.  For the purposes of this subsection:
 15  4    (1)  "Agent" means any officer, director, or employee of
 15  5 the legal entity, or any other person who is authorized to act
 15  6 in behalf of the legal entity.
 15  7    (2)  "High managerial agent" means any officer of the legal
 15  8 entity or, in the case of a partnership, a partner, or any
 15  9 other agent in a position of comparable authority with respect
 15 10 to the formulation of policy of the legal entity.
 15 11    (3) 8A.  Notwithstanding any other provision of law, any
 15 12 pleading, motion, or other paper filed by a nongovernmental
 15 13 aggrieved party in connection with a proceeding or action
 15 14 under subsection 7 shall be verified.  If such aggrieved
 15 15 person is represented by an attorney, such pleading, motion,
 15 16 or other paper shall be signed by at least one attorney of
 15 17 record in the attorney's individual name, whose address shall
 15 18 be stated.
 15 19    If such pleading, motion, or other paper includes an
 15 20 averment of fraud, coercion, accomplice, respondent superior,
 15 21 conspiratorial, enterprise, or other vicarious accountability,
 15 22 it shall state, insofar as practicable, the circumstances with
 15 23 particularity.  The verification and the signature by an
 15 24 attorney required by this subsection shall constitute a
 15 25 certification by the signer that the attorney has carefully
 15 26 read the pleading, motion, or other paper and, based on a
 15 27 reasonable inquiry, believes that all of the following exist:
 15 28    (a) a.  It is well grounded in fact.
 15 29    (b) b.  It is warranted by existing law, or a good faith
 15 30 argument for the extension, modification, or reversal of
 15 31 existing law.
 15 32    (c) c.  It is not made for an improper purpose, including
 15 33 to harass, to cause unnecessary delay, or to impose a needless
 15 34 increase in the cost of litigation.
 15 35    The court may, after a hearing and appropriate findings of
 16  1 fact, impose upon any person who verified the complaint,
 16  2 cross-claim, or counterclaim, or any attorney who signed it in
 16  3 violation of this subsection, or both, a fit and proper
 16  4 sanction, which may include an order to pay to the other party
 16  5 or parties the amount of the reasonable expenses incurred
 16  6 because of the complaint or claim, including reasonable
 16  7 attorney fees.  If the court determines that the filing of a
 16  8 complaint or claim under subsection 7 by a nongovernmental
 16  9 party was frivolous in whole or in part, the court shall award
 16 10 double the actual expenses, including attorney fees, incurred
 16 11 because of the frivolous portion of the complaint or claim.
 16 12    Sec. 35.  Section 706B.2, subsection 1, unnumbered
 16 13 paragraph 1, Code 1997, is amended to read as follows:
 16 14    It is unlawful for a person to do commit money laundering
 16 15 by doing any of the following:
 16 16    Sec. 36.  Section 706B.2, subsection 2, Code 1997, is
 16 17 amended to read as follows:
 16 18    2.  A person who violates:
 16 19    a.  Subsection 1, paragraph "a", "b", or "c", commits a
 16 20 class "C" felony, and may be fined not more than ten thousand
 16 21 dollars or twice the value of the property involved, whichever
 16 22 is greater, or by imprisonment be imprisoned for not more than
 16 23 ten years, or both.
 16 24    b.  Subsection 1, paragraph "d", commits a class "D"
 16 25 felony, and may be fined not more than seven thousand five
 16 26 hundred dollars or twice the value of the property involved,
 16 27 whichever is greater, or by imprisonment be imprisoned for not
 16 28 more than five years, or both.
 16 29    Sec. 37.  Section 809A.1, subsection 1, Code 1997, is
 16 30 amended by striking the subsection.
 16 31    Sec. 38.  Section 809A.1, subsection 4, Code 1997, is
 16 32 amended to read as follows:
 16 33    4.  "Owner" means a person, other than an interest holder,
 16 34 who has an interest in property.  A person who holds property
 16 35 for the benefit of or for as an agent or nominee for another
 17  1 person, or who is not in substantial compliance with any
 17  2 statute requiring an interest in property to be recorded or
 17  3 reflected in public records in order to perfect the interest
 17  4 against a good faith purchaser for value, is not an owner.
 17  5    Sec. 39.  Section 809A.4, subsection 5, Code 1997, is
 17  6 amended to read as follows:
 17  7    5.  Any interest or security in, claim against, or property
 17  8 or contractual right of any kind affording a source of control
 17  9 over any enterprise that a person has established, operated,
 17 10 controlled, or conducted through, or participated in the
 17 11 conduct, or through conduct giving rise to forfeiture.
 17 12    Sec. 40.  Section 809A.4, subsection 6, paragraph a,
 17 13 unnumbered paragraph 1, Code 1997, is amended to read as
 17 14 follows:
 17 15    Any property of a person up to the value of property of
 17 16 which is either of the following:
 17 17    Sec. 41.  Section 809A.18, subsection 1, Code 1997, is
 17 18 amended to read as follows:
 17 19    1.  A prosecuting attorney may conduct an investigation of
 17 20 any conduct that gives rise to forfeiture.  The prosecuting
 17 21 attorney is authorized, before the commencement of a
 17 22 proceeding or action under this chapter, to subpoena
 17 23 witnesses, and compel their attendance, examine them under
 17 24 oath, and require the production of documentary evidence for
 17 25 inspection, reproducing, or copying.  Except as otherwise
 17 26 provided by this section, the prosecuting attorney shall
 17 27 proceed under this subsection with the same powers and
 17 28 limitations, and judicial oversight and enforcement, and in
 17 29 the manner provided by this chapter and by the Iowa rules of
 17 30 civil procedure.  Any person compelled to appear under a
 17 31 demand for oral testimony under this section may be
 17 32 accompanied, represented, and advised by counsel.  
 17 33 
 17 34 
 17 35                                                             
 18  1                               MARY E. KRAMER
 18  2                               President of the Senate
 18  3 
 18  4 
 18  5                                                             
 18  6                               RON J. CORBETT
 18  7                               Speaker of the House
 18  8 
 18  9    I hereby certify that this bill originated in the Senate and
 18 10 is known as Senate File 2136, Seventy-seventh General Assembly.
 18 11 
 18 12 
 18 13                                                             
 18 14                               MARY PAT GUNDERSON
 18 15                               Secretary of the Senate
 18 16 Approved                , 1998
 18 17 
 18 18 
 18 19                         
 18 20 TERRY E. BRANSTAD
 18 21 Governor
     

Text: SF02135                           Text: SF02137
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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