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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 Iowahighway safetystate 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 Iowahighway safetystate 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 80.4HIGHWAYIOWA STATE PATROL. 1 32 The Iowahighway safetystate 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 Iowasafety2 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 11highway safetystate 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 thehighwayIowa 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 thehighwayIowa state patrol shall be paid additional 2 22 compensation in accordance with the following formula: When 2 23 members of thehighwayIowa 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 Iowahighway3 16safetystate 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 Iowahighway safetystate 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 ofhighway safety and uniformed forcethe 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 9highway safetystate 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 16regulationseconomic 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 ofhighway safety and uniformed force5 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 9highway safety, uniformed force, and radio communicationsthe 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 Iowahighway safetystate 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 Iowahighway safety6 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 Iowahighway safetystate 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 17highway safetystate 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 32highway safetystate 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 Iowahighway8 5safetystate 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 Iowahighway safetystate 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 25highway safetystate 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" meansaan Iowa statehighway9 4safetypatrol 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 thehighway9 13safetyIowa 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 thehighway safetyIowa 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 Iowahighway safetystate 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 Iowahighway safetystate 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 Iowahighway safetystate 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 Iowahighway11 7safetystate 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 Iowahighway safetystate 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 25highway safetyIowa 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 statehighway safetypatrol 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 snowmobileisare 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 thehighwayIowa 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 29highway safetystate 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 Iowahighway13 8safetystate 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 Iowahighway safetystate 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 alicenseemoney 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 checkcashiercasher 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 with14 21intentto 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 2989, 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 launderingas definedin 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 todocommit 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, orby imprisonmentbe 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, orby imprisonmentbe 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 orforas 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,orconductedthrough, 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 propertyof17 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 thesamepowers 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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