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PAG LIN 1 1 Section 1. Section 74A.6, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1. The authority contained in this section shall be 1 4 exercised by a committee composed of the treasurer of state, 1 5 the superintendent of banking, the superintendent of credit 1 6 unions, and the auditor of state or a designee. 1 7 Sec. 2. Section 124.406, subsection 1, paragraph a, Code 1 8 1997, is amended to read as follows: 1 9 a. Unlawfully distributes or possesses with intent to 1 10 distribute a substance listed in schedule I or II to a person 1 11 under eighteen years of age commits a class "B" felony and 1 12 shall serve a minimum term of confinement of five years. 1 13 However, if the substance was distributed in or on, or within 1 14 one thousand feet of, the real property comprising a public or 1 15 private elementary or secondary school,or in or on the real1 16property comprising apublic park, public swimming pool, 1 17 public recreation center, or on a marked school bus, the 1 18 person shall serve a minimum term of confinement of ten years. 1 19 Sec. 3. Section 124.406, subsection 2, paragraph a, Code 1 20 1997, is amended to read as follows: 1 21 a. Unlawfully distributes or possesses with the intent to 1 22 distribute a counterfeit substance listed in schedule I or II, 1 23 or a simulated controlled substance represented to be a 1 24 substance classified in schedule I or II, to a person under 1 25 eighteen years of age commits a class "B" felony. However, if 1 26 the substance was distributed in or on, or within one thousand 1 27 feet of, the real property comprising a public or private 1 28 elementary or secondary school,or in or on the real property1 29comprising apublic park, public swimming pool, public 1 30 recreation center, or on a marked school bus, the person shall 1 31 serve a minimum term of confinement of ten years. 1 32 Sec. 4. Section 190.14, subsection 1, Code 1997, is 1 33 amended to read as follows: 1 34 1. The department shall administer this chapter consistent 1 35 with the provisions of the "Grade 'A' Pasteurized Milk 2 1 Ordinance, 1993 Revision", as provided in section 192.102. 2 2 Sec. 5. Section 191.9, subsection 1, Code 1997, is amended 2 3 to read as follows: 2 4 1. The department shall administer this chapter consistent 2 5 with the provisions of the "Grade 'A' Pasteurized Milk 2 6 Ordinance, 1993 Revision", as provided in section 192.102. 2 7 Sec. 6. Section 192.102, Code 1997, is amended to read as 2 8 follows: 2 9 192.102 GRADE "A" PASTEURIZED MILK ORDINANCE. 2 10 The department shall adopt, by rule, the "Grade 'A' 2 11 Pasteurized Milk Ordinance,19931995 Revision", including a 2 12 subsequent revision of the ordinance. If the ordinance 2 13 specifies that compliance with a provision of the ordinance's 2 14 appendices is mandatory, the department shall also adopt that 2 15 provision. The department shall not amend the ordinance, 2 16 unless the department explains each amendment and reasons for 2 17 the amendment in the Iowa administrative bulletin when the 2 18 rules are required to be published pursuant to chapter 17A. 2 19 The department shall administer this chapter consistent with 2 20 the provisions of the ordinance. 2 21 Sec. 7. Section 192.110, subsection 2, Code 1997, is 2 22 amended to read as follows: 2 23 2. The facilities and equipment used to produce, store, or 2 24 transport milk or milk products comply with requirements of 2 25 the "Grade 'A' Pasteurized Milk Ordinance, 1993 Revision" as 2 26 provided in section 192.102. 2 27 Sec. 8. Section 542B.10, Code 1997, is amended to read as 2 28 follows: 2 29 542B.10 ANNUAL REPORT. 2 30 At the time provided by law, the board shall submit to the 2 31 governor a written report of its transactions for the 2 32 preceding year, and shall file with the secretary of state a 2 33 copy thereof,together with a complete statement of the2 34receipts and expenditures of the board,attested by the 2 35 affidavits of the chairperson and the secretary, and a 3 1 complete list of those licensed under this chapter with their 3 2 addresses and the dates of their certificates of licensure. 3 3 Said report shall be printed by the state and a copy mailed 3 4 to, and placed on file in the office of the clerk of each 3 5 incorporated city in the state and in the office of the 3 6 auditor of each county therein. 3 7 Sec. 9. Section 542C.3, subsection 3, unnumbered paragraph 3 8 2, Code 1997, is amended to read as follows: 3 9 The board shall make a biennial report to the governor of 3 10 its proceedings, withan account of all moneys received and3 11disbursed,a list of the names of certified public accountants 3 12 and accounting practitioners whose certificates, permits to 3 13 practice, or licenses have been revoked or suspended, and 3 14 other information as it deems proper or the governor requests. 3 15 Sec. 10. Section 544A.4, Code 1997, is amended to read as 3 16 follows: 3 17 544A.4 REPORT. 3 18 On or before the thirtieth day of June of each year the 3 19 board shall submit to the governor a report of its 3 20 transactions for the preceding year, together with a complete3 21statement of the receipts and expenditures of the board. This 3 22 report shall include a roster of the name, place of business 3 23 and number of certificate of registration of every registered 3 24 architect entitled to practice the profession in the state of 3 25 Iowa. A copy of this report shall be filed with the secretary 3 26 of state. 3 27 Sec. 11. Section 544B.6, Code 1997, is amended to read as 3 28 follows: 3 29 544B.6 ANNUAL REPORT. 3 30 Before the first day of July of each year the board shall 3 31 submit to the governor a report of its transactions for the 3 32 preceding year, together with a complete statement of the3 33receipts and expenditures of the board. This report shall 3 34 include the roster of registered landscape architects. A copy 3 35 of this report shall be filed with the secretary of state. 4 1 Sec. 12. Section 669.2, subsection 4, Code 1997, is 4 2 amended to read as follows: 4 3 4. "Employee of the state" includes any one or more 4 4 officers, agents, or employees of the state or any state 4 5 agency, including members of the general assembly, and persons 4 6 acting on behalf of the state or any state agency in any 4 7 official capacity, temporarily or permanently in the service 4 8 of the state of Iowa, whether with or without compensation, 4 9 but does not include a contractor doing business with the 4 10 state. Professional personnel, including physicians, 4 11 osteopathic physicians and surgeons, osteopathic physicians, 4 12 optometrists, dentists, nurses, physician assistants, and 4 13 other medical personnel, who render services to patients or 4 14 inmates of state institutions under the jurisdiction of the 4 15 department of human services, and employees of the commission4 16of veterans affairs,or the Iowa department of corrections, 4 17 and employees of the commission of veterans affairs, are to be 4 18 considered employees of the state, whether the personnel are 4 19 employed on a full-time basis or render services on a part- 4 20 time basis on a fee schedule or other arrangement. Criminal 4 21 defendants while performing unpaid community service ordered 4 22 by the district court, board of parole, or judicial district 4 23 department of correctional services, or an inmate providing 4 24 services pursuant to a chapter 28E agreement entered into 4 25 pursuant to section 904.703, are to be considered employees of 4 26 the state. 4 27 "Employee of the state" also includes an individual 4 28 performing unpaid community service under an order of the 4 29 district court pursuant to section 598.23A. 4 30 Sec. 13. Section 692A.1, subsection 6, paragraph h, Code 4 31 1997, is amended to read as follows: 4 32 h. A criminal offense committed in another jurisdiction 4 33 which would constitute an indictable offense under paragraphs 4 34 "a" through"c" and"g" if committed in this state. 4 35 Sec. 14. Section 708.2A, subsections 6, 7, and 9, Code 5 1 1997, are amended to read as follows: 5 2 6. a. A person convicted of violating subsection 2 or 3 5 3 shall serve a minimum term of two days of the sentence imposed 5 4 by law, and shall not be eligible for suspension of the 5 5 minimum sentence. The minimum term shall be served on 5 6 consecutive days. The court shall not impose a fine in lieu 5 7 of the minimum sentence, although a fine may be imposed in 5 8 addition to the minimum sentence. This section does not 5 9 prohibit the court from sentencing and thedefendantperson 5 10 from serving the maximum term of confinement or from paying 5 11 the maximum fine permitted pursuant to chapters 902 and 903, 5 12 and does not prohibit the court from entering a deferred 5 13 judgment or sentence pursuant to section 907.3, if the 5 14defendantperson has not previously received a deferred 5 15 sentence or judgment for a violation of section 708.2 or this 5 16 section which was issued on a domestic abuse assault. 5 17However, once the defendant has received one deferred sentence5 18or judgment involving a violation of section 708.2 or this5 19section which was issued on a domestic abuse assault, the5 20defendant shall not be eligible to receive another deferred5 21sentence or judgment for a violation of this section.5 22 b. A person convicted of violating subsection 4 shall be 5 23sentenced to a term of not less than one year andcommitted to 5 24 the custody of the director of the department of corrections, 5 25 shall serve a minimum of one year of the sentence imposed, and 5 26 shall be assessed a fine ofnot less thanat least seven 5 27 hundred fifty dollars. Notwithstanding section 901.5, 5 28 subsection 3, and section 907.3, subsection 3, the sentence 5 29 cannot be suspended; however, the person sentenced shall 5 30 receive credit for any time the person was confined in a jail 5 31 or detention facility following arrest. 5 32 7. If adefendantperson is convicted for, receives a 5 33 deferred judgment for, or pleads guilty to a violation of this 5 34 section, the court shall modify the no-contact order issued 5 35 upon initial appearance in the manner provided in section 6 1 236.14, regardless of whether thedefendantperson is placed 6 2 on probation. 6 3 9. In addition to the mandatory minimum term of 6 4 confinement imposed by subsection 6, paragraph "a", the court 6 5 shall order adefendantperson convicted under subsection 2 or 6 6 3 to participate in a batterers' treatment program as required 6 7 under section 708.2B. In addition, as a condition of 6 8 deferring judgment or sentence pursuant to section 907.3, the 6 9 court shall order thedefendantperson to participate in a 6 10 batterers' treatment program. The clerk of the district court 6 11 shall send a copy of the judgment or deferred judgment to the 6 12 judicial district department of correctional services. 6 13 Sec. 15. EFFECTIVE AND APPLICABILITY DATES. The section 6 14 which amends section 669.2, subsection 4, of this Act, being 6 15 deemed of immediate importance, takes effect upon enactment 6 16 and applies retroactively to July 1, 1996. 6 17 EXPLANATION 6 18 This bill contains statutory corrections which may adjust 6 19 language to reflect current practices, insert earlier 6 20 omissions, delete redundancies and inaccuracies, delete 6 21 temporary language, resolve inconsistencies and conflicts, 6 22 update ongoing provisions, or remove ambiguities. 6 23 Code section 74A.6(1): Adds the superintendent of credit 6 24 unions to the committee to establish maximum interest rates 6 25 for certain public obligations and assessments. This 6 26 parallels the change made by 1996 Acts, chapter 1021, section 6 27 1, for membership of the committee in Code section 12C.6 which 6 28 establishes minimum interest rates for certain deposits. 6 29 Code section 124.406(1)(a) and (2)(a): Expand the areas 6 30 within which a person distributing controlled substances to a 6 31 minor is subject to an increased penalty to include the real 6 32 property surrounding a public swimming pool, public park, or 6 33 public recreation center which comprises the pool, public 6 34 park, or recreation center. These changes conform to the 6 35 amendments to Code sections 124.401A and 124.401B in 1996 7 1 Acts, chapter 1164, sections 5 and 6. 7 2 Code sections 190.14(1), 191.9(1), 192.102, and 192.110(2): 7 3 Update references to the "Grade 'A' Pasteurized Milk 7 4 Ordinance, 1993 Revision" by changing the year to 1995 in Code 7 5 section 192.102 and removing the reference to the year in the 7 6 other sections. These amendments are included at the request 7 7 of the Iowa department of agriculture and land stewardship. 7 8 Code sections 542B.10; 542C.3(3), unnumbered paragraph 2; 7 9 544A.4; and 544B.6: In provisions relating to reports by the 7 10 engineering and land surveying examining board, the 7 11 accountancy examining board, the architectural examining 7 12 board, and the landscape architectural examining board, strike 7 13 requirements for the inclusion of information on receipts and 7 14 disbursements. These changes were requested by the 7 15 professional licensing and regulation division of the 7 16 department of commerce based on budget and reporting practices 7 17 which have been in use since the 1986 state government 7 18 reorganization. Finances for the individual boards are part 7 19 of the budget for the professional licensing division. The 7 20 governor, through the department of management, has access to 7 21 the financial information on a daily basis. 7 22 Code section 669.2(4): In the definition of "employee of 7 23 the state" for tort claim purposes, changes the placement of 7 24 the new reference to employees of the commission of veterans 7 25 affairs so that it does not disrupt the phrase "jurisdiction 7 26 of the department of human services or the Iowa department of 7 27 corrections". See 1996 Iowa Acts, chapter 1165, section 1. 7 28 Code section 692A.1(6)(h): In the definition of sexually 7 29 violent offenses for purposes of the sex offender registry, 7 30 makes the list of offenses the same whether committed in this 7 31 state or in another jurisdiction. Three types of offenses 7 32 were added by 1996 Iowa Acts, chapter 1132, section 2. These 7 33 were telephone dissemination of obscene materials, rental or 7 34 sale of hard-core pornography, and indecent exposure. 7 35 However, they were not added to the list of those covered if 8 1 committed in another jurisdiction. 8 2 Code section 708.2A(6), (7), and (9): In provisions 8 3 relating to penalties for domestic abuse assault, change the 8 4 term "defendant" to the word "person" to conform the language 8 5 of the provision internally and with other usage in Code 8 6 chapter 708. The mandatory minimum sentencing for third or 8 7 subsequent domestic abuse assault convictions language is 8 8 conformed with mandatory minimum sentencing language 8 9 applicable to other felonies under Code chapter 902. 8 10 Redundant language relating to issuance of deferred judgments 8 11 or sentences for domestic abuse assault convictions is 8 12 stricken. Identical language is contained in Code section 8 13 907.3, which pertains to imposition of deferred judgments, 8 14 deferred sentences, or suspended sentences. 8 15 LSB 1455SC 77 8 16 lh/jw/5
Text: SSB00058 Text: SSB00060 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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