Text: SSB02050                          Text: SSB02052
Text: SSB02000 - SSB02099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2051

Bill Text

PAG LIN
  1  1    Section 1.  Section 15.353, subsection 5, paragraph b, Code
  1  2 Supplement 1997, is amended to read as follows:
  1  3    b.  "Local housing group" means an entity organized to
  1  4 represent community housing development interest interests.
  1  5    Sec. 2.  Section 15E.182, subsection 1, paragraph b, Code
  1  6 Supplement 1997, is amended to read as follows:
  1  7    b.  The director of the department of economic development.
  1  8    Sec. 3.  Section 15E.182, subsection 3, paragraph e, Code
  1  9 Supplement 1997, is amended to read as follows:
  1 10    e.  Conduct an annual risk analysis which matches the
  1 11 current and anticipated value of investments made pursuant to
  1 12 this division with the current and anticipated value of any
  1 13 tax credits given.  If the anticipated value of any tax
  1 14 credits given exceeds the anticipated value of investments,
  1 15 the department of economic development shall establish a
  1 16 reserve account within the strategic investment fund
  1 17 sufficient to cover such losses to the general fund of the
  1 18 state in the event of the termination of the Iowa capital
  1 19 investment board.
  1 20    Sec. 4.  Section 15E.183, subsection 2, Code Supplement
  1 21 1997, is amended to read as follows:
  1 22    2.  The department of revenue and finance shall, in
  1 23 consultation with the Iowa capital transition board, develop a
  1 24 system for the registration, issuance, transfer, or redemption
  1 25 of tax credits issued by the state under this section.  The
  1 26 department of revenue and finance shall also, in consultation
  1 27 with the Iowa capital transition board, adopt any other
  1 28 policies, procedures, or rules pursuant to chapter 17A
  1 29 necessary for the administration of tax credits issued by the
  1 30 state under this section.
  1 31    Sec. 5.  Section 15E.184, Code Supplement 1997, is amended
  1 32 to read as follows:
  1 33    15E.184  SUPPORT.
  1 34    The department of economic development shall provide staff
  1 35 assistance, physical facilities, and other support as
  2  1 necessary.
  2  2    Sec. 6.  Section 49.30, unnumbered paragraph 1, Code
  2  3 Supplement 1997, is amended to read as follows:
  2  4    The names of all candidates, All constitutional amendments,
  2  5 and all public measures, and the names of all candidates,
  2  6 other than presidential electors, to be voted for in each
  2  7 election precinct, other than presidential electors, shall be
  2  8 printed on one ballot, except that separate ballots are
  2  9 authorized under the following circumstances:
  2 10    Sec. 7.  Section 49.47, Code Supplement 1997, is amended to
  2 11 read as follows:
  2 12    49.47  NOTICE ON BALLOTS.
  2 13    At the top of paper ballots for public measures shall be
  2 14 printed the following:
  2 15    [Notice to voters.  To vote to approve any question on this
  2 16 ballot, make a cross mark or check in the target after before
  2 17 the word "Yes".  To vote against a question make a similar
  2 18 mark in the target following preceding the word "No".]
  2 19    This notice shall be adapted to describe the proper mark
  2 20 where it is appropriate.
  2 21    Sec. 8.  Section 49.94, unnumbered paragraph 1, Code
  2 22 Supplement 1997, is amended to read as follows:
  2 23    If the names of all the candidates for whom a voter desires
  2 24 to vote in any election other than the primary election were
  2 25 nominated by the same political party or nonparty political
  2 26 organization, and the voter desires to vote for all candidates
  2 27 nominated by that political party or organization, the voter
  2 28 may do so in any one of the following ways:
  2 29    Sec. 9.  Section 49.95, Code Supplement 1997, is amended to
  2 30 read as follows:
  2 31    49.95  VOTING PART OF TICKET ONLY.
  2 32    If the names of all the candidates for whom the voter
  2 33 desires to vote were nominated by the same political party or
  2 34 nonparty political organization but the voter does not desire
  2 35 to vote for all of the candidates nominated by the party or
  3  1 organization, the voter shall mark the voting target next to
  3  2 the name of each candidate for whom the voter desires to vote
  3  3 without marking the target next to the name of the party or
  3  4 organization in the straight party or organization section of
  3  5 the ballot.
  3  6    Sec. 10.  Section 49.97, unnumbered paragraph 1, Code
  3  7 Supplement 1997, is amended to read as follows:
  3  8    If the names of all candidates for whom a voter desires to
  3  9 vote were not nominated by the same political party or
  3 10 nonparty political organization, the voter may indicate the
  3 11 candidates of the voter's choice by marking the ballot in any
  3 12 one of the following ways:
  3 13    Sec. 11.  Section 52.10, Code Supplement 1997, is amended
  3 14 to read as follows:
  3 15    52.10  BALLOTS – FORM.
  3 16    All ballots shall be printed in black ink on clear, white
  3 17 material, of such size as will fit the ballot frame, and in as
  3 18 plain, clear type as the space will reasonably permit.  The
  3 19 party name for each political party represented on the machine
  3 20 shall be prefixed to the list of candidates of such party.
  3 21 The order of the list of candidates of the several parties or
  3 22 organizations shall be arranged as provided in sections 49.30
  3 23 to 49.41 49.42A, except that the lists may be arranged in
  3 24 horizontal rows or vertical columns to meet the physical
  3 25 requirements of the voting machine used.
  3 26    Sec. 12.  Section 97A.3, subsection 1, Code 1997, is
  3 27 amended to read as follows:
  3 28    1.  All members of the division of highway safety,
  3 29 uniformed force, and radio communications and the division of
  3 30 criminal investigation and bureau of identification in the
  3 31 department of public safety, excepting the members of the
  3 32 clerical force, who are employed by the state of Iowa when
  3 33 this chapter becomes effective on July 4, 1949, and all
  3 34 persons thereafter employed as members of such divisions in
  3 35 the department of public safety or division of drug law
  4  1 enforcement and arson investigators, except the members of the
  4  2 clerical force, shall be members of this system, except as
  4  3 otherwise provided in subsection 3.  Effective July 1, 1994,
  4  4 gaming enforcement officers employed by the division of
  4  5 criminal investigation for excursion boat gambling enforcement
  4  6 activities, fire prevention inspector peace officers employed
  4  7 by the department of public safety, and employees of the
  4  8 division of capitol police, except clerical workers, shall be
  4  9 members of this system, except as otherwise provided in
  4 10 subsection 3 or section 97B.42B.  Such members shall not be
  4 11 required to make contributions under any other pension or
  4 12 retirement system of the state of Iowa, anything to the
  4 13 contrary notwithstanding.
  4 14    Sec. 13.  Section 135.83, Code Supplement 1997, is amended
  4 15 to read as follows:
  4 16    135.83  CONTRACTS FOR ASSISTANCE WITH ANALYSES, STUDIES AND
  4 17 DATA.
  4 18    In furtherance of the department's responsibilities under
  4 19 sections 135.76, 135.77 and 135.78, the director may contract
  4 20 with the Iowa hospital association of Iowa hospitals and
  4 21 health systems and third party payers, the Iowa health care
  4 22 facilities association and third party payers, or the Iowa
  4 23 association of homes for the aging and third party payers for
  4 24 the establishment of pilot programs dealing with prospective
  4 25 rate review in hospitals or health care facilities, or both.
  4 26 Such contract shall be subject to the approval of the
  4 27 executive council and shall provide for an equitable
  4 28 representation of health care providers, third party payers,
  4 29 and health care consumers in the determination of criterion
  4 30 for rate review.  No third party payer shall be excluded from
  4 31 positive financial incentives based upon volume of gross
  4 32 patient revenues.  No state or federal funds appropriated or
  4 33 available to the department shall be used for any such pilot
  4 34 program.
  4 35    Sec. 14.  Section 135.105A, subsections 3 and 4, Code
  5  1 Supplement 1997, are amended to read as follows:
  5  2    3.  A person who owns real property which includes a
  5  3 residential dwelling and who performs lead inspection or lead
  5  4 abatement of the residential dwelling is not required to
  5  5 obtain certification to perform these measures, unless the
  5  6 residential dwelling is occupied by a person other than the
  5  7 owner or a member of the owner's immediate family while the
  5  8 measures are being performed.  However, the department shall
  5  9 encourage property owners and managers who are not required to
  5 10 be certified to complete the training course to ensure the use
  5 11 of appropriate and safe mitigation and abatement procedures.
  5 12    4.  A Except as otherwise provided in this section, a
  5 13 person shall not perform lead abatement or lead inspections
  5 14 unless the person has completed a training program approved by
  5 15 the department and has obtained certification.  A person who
  5 16 violates this section is subject to a civil penalty not to
  5 17 exceed five thousand dollars for each offense.
  5 18    Sec. 15.  Section 135.107, subsection 4, Code Supplement
  5 19 1997, is amended to read as follows:
  5 20    4.  The director of public health shall establish a primary
  5 21 care collaborative work group to coordinate all statewide
  5 22 recruitment and retention activities established pursuant to
  5 23 this section and to make recommendations to the department and
  5 24 the center for rural health and primary care relating to the
  5 25 implementation of subsection 3.  Membership of the work group
  5 26 shall consist, at a minimum, of representatives from the
  5 27 university of Iowa college of medicine, university of
  5 28 osteopathic medicine and health sciences, university of Iowa
  5 29 physician assistant school, university of Iowa nurse
  5 30 practitioner school, university of osteopathic medicine and
  5 31 health sciences physician assistant program, Iowa-Nebraska
  5 32 primary care association, Iowa medical society, Iowa
  5 33 osteopathic medical association, Iowa chapter of American
  5 34 college of osteopathic family physicians, Iowa academy of
  5 35 family physicians, nurse practitioner association, Iowa nurses
  6  1 association, Iowa hospital association of Iowa hospitals and
  6  2 health systems, and Iowa physicians assistants association.
  6  3    Sec. 16.  Section 135B.20, subsection 4, Code 1997, is
  6  4 amended to read as follows:
  6  5    4.  "Joint conference committee" shall mean the joint
  6  6 conference committee as required by the joint commission on
  6  7 accreditation of hospitals health care organizations or, in a
  6  8 hospital having no such committee, a similar committee, an
  6  9 equal number of which shall be members of the medical staff
  6 10 selected by the staff and an equal number of which shall be
  6 11 selected by the governing board of the hospital.
  6 12    Sec. 17.  Section 135J.2, unnumbered paragraph 2, Code
  6 13 1997, is amended to read as follows:
  6 14    The hospice program shall meet the criteria pursuant to
  6 15 section 135J.3 before a license is issued.  The department of
  6 16 inspections and appeals is responsible to provide the
  6 17 necessary personnel to inspect the hospice program, the home
  6 18 care and inpatient care provided and the hospital or facility
  6 19 used by the hospice to determine if the hospice complies with
  6 20 necessary standards before a license is issued.  Hospices that
  6 21 are certified as medicare hospice providers by the department
  6 22 of inspections and appeals or are accredited as hospices by
  6 23 the joint commission for on the accreditation of hospitals
  6 24 health care organizations, shall be licensed without
  6 25 inspection by the department of inspections and appeals.
  6 26    Sec. 18.  Section 147A.2, Code 1997, is amended to read as
  6 27 follows:
  6 28    147A.2  COUNCIL ESTABLISHED – TERMS OF OFFICE.
  6 29    An EMS advisory council shall be appointed by the director.
  6 30 Membership of the council shall be comprised of individuals
  6 31 nominated from, but not limited to, the following state or
  6 32 national organizations:  Iowa osteopathic medical association,
  6 33 Iowa medical society, American college of emergency
  6 34 physicians, Iowa physician assistant society, Iowa academy of
  6 35 family physicians, university of Iowa hospitals and clinics,
  7  1 Iowa EMS association, Iowa firemen's association, Iowa
  7  2 professional firefighters, EMS education programs committee,
  7  3 EMS regional council, Iowa nurses association, Iowa hospital
  7  4 association of Iowa hospitals and health systems, and the Iowa
  7  5 state association of counties.
  7  6    The EMS advisory council shall advise the director and
  7  7 develop policy recommendations concerning the regulation,
  7  8 administration, and coordination of emergency medical services
  7  9 in the state.
  7 10    Sec. 19.  Section 147A.24, subsection 1, paragraphs i and
  7 11 j, Code 1997, are amended to read as follows:
  7 12    i.  Iowa hospital association Association of Iowa hospitals
  7 13 and health systems representing rural hospitals.
  7 14    j.  Iowa hospital association Association of Iowa hospitals
  7 15 and health systems representing urban hospitals.
  7 16    Sec. 20.  Section 155A.13, subsection 4, paragraph d, Code
  7 17 1997, is amended to read as follows:
  7 18    d.  Give recognition to the standards of the joint
  7 19 commission on the accreditation of hospitals health care
  7 20 organizations and the American osteopathic association and to
  7 21 the conditions of participation under medicare.
  7 22    Sec. 21.  Section 169C.4, subsection 1, paragraphs a and b,
  7 23 Code Supplement 1997, are amended to read as follows:
  7 24    a.  To a landowner for damages caused by the livestock
  7 25 owner's livestock which have trespassed on the landowner's
  7 26 land, including but not limited to property damage and costs
  7 27 incurred by a the landowner's custody of the livestock
  7 28 including maintenance costs.  A livestock owner's liability is
  7 29 not affected by the failure of a landowner to take custody of
  7 30 the livestock.  A livestock owner shall not be liable for
  7 31 damages incurred by the a landowner if the livestock
  7 32 trespassed through a fence that was not maintained by the
  7 33 landowner as required pursuant to chapter 359A.
  7 34    b.  To a landowner who takes custody of livestock on a
  7 35 public road as provided in section 169C.3 169C.2 for costs
  8  1 incurred by the landowner in taking custody of the livestock,
  8  2 including maintenance costs.
  8  3    Sec. 22.  Section 169C.4, subsection 3, Code Supplement
  8  4 1997, is amended to read as follows:
  8  5    3.  An aggrieved party A landowner is not liable for an
  8  6 injury or death suffered by the livestock in the landowner's
  8  7 custody, unless the landowner caused the injury or death.  The
  8  8 landowner is not liable for livestock that strays from the
  8  9 landowner's land.  An aggrieved party is not liable for
  8 10 livestock that strays from the control of the aggrieved party.
  8 11    Sec. 23.  Section 218.99, Code Supplement 1997, is amended
  8 12 to read as follows:
  8 13    218.99  COUNTIES TO BE NOTIFIED OF PATIENTS' PERSONAL
  8 14 ACCOUNTS.
  8 15    The administrator of a division of the department of human
  8 16 services in control of a state institution shall direct the
  8 17 business manager of each institution under the administrator's
  8 18 jurisdiction which is mentioned in section 331.424, subsection
  8 19 1, paragraphs "a" and "b" and for which services are paid
  8 20 under section 331.424A to quarterly inform the county of legal
  8 21 settlement's entity designated to perform the county's single
  8 22 entry point process of any patient or resident who has an
  8 23 amount in excess of two hundred dollars on account in the
  8 24 patients' personal deposit fund and the amount on deposit.
  8 25 The administrators shall direct the business manager to
  8 26 further notify the entity designated to perform the county's
  8 27 single entry point process at least fifteen days before the
  8 28 release of funds in excess of two hundred dollars or upon the
  8 29 death of the patient or resident.  If the patient or resident
  8 30 has no county of legal settlement, notice shall be made to the
  8 31 director of human services and the administrator of the
  8 32 division of the department in control of the institution
  8 33 involved.
  8 34    Sec. 24.  Section 232.19, subsection 1, paragraph c, Code
  8 35 Supplement 1997, is amended to read as follows:
  9  1    c.  By a peace officer, when the peace officer has
  9  2 reasonable grounds to believe the child has run away from the
  9  3 child's parents, guardian, or custodian, for the purposes of
  9  4 determining whether the child shall be reunited with the
  9  5 child's parents, guardian, or custodian, placed in shelter
  9  6 care, or, if the child is a chronic runaway and the county has
  9  7 an approved county runaway treatment plan, placed in a runaway
  9  8 assessment and counseling center under section 232.196.
  9  9    Sec. 25.  Section 232.54, subsection 7, Code Supplement
  9 10 1997, is amended to read as follows:
  9 11    7.  With respect to a juvenile court dispositional order
  9 12 entered regarding a child who has received a youthful offender
  9 13 deferred sentence under section 907.3A, the dispositional
  9 14 order may be terminated prior to the child reaching the age of
  9 15 eighteen upon motion of the child, the person or agency to
  9 16 whom custody of the child has been transferred, or the county
  9 17 attorney following a hearing before the juvenile court if it
  9 18 is shown by clear and convincing evidence that it is in the
  9 19 best interests of the child and the community to terminate the
  9 20 order.  The hearing may be waived if all parties to the
  9 21 proceeding agree.  The dispositional order regarding a child
  9 22 who has received a youthful offender deferred sentence may
  9 23 also be terminated prior to the child reaching the age of
  9 24 eighteen upon motion of the county attorney, if the waiver of
  9 25 the child to district court was conditioned upon the terms of
  9 26 an agreement between the county attorney and the child, and
  9 27 the child violates the terms of the agreement after the waiver
  9 28 order has been entered.  The district court shall discharge
  9 29 the child's youthful offender status upon receiving a
  9 30 termination order under this section.
  9 31    Sec. 26.  Section 232.148, subsection 5, paragraph b, Code
  9 32 Supplement 1997, is amended to read as follows:
  9 33    b.  After a petition is filed, the petition is dismissed or
  9 34 the proceedings are suspended and the child has not entered
  9 35 into a consent decree, and has not been adjudicated delinquent
 10  1 on the basis of a delinquent act other than one alleged in the
 10  2 petition in question, or the child has not been placed on
 10  3 youthful offender status.
 10  4    Sec. 27.  Section 232.163, subsection 2, Code Supplement
 10  5 1997, is amended to read as follows:
 10  6    2.  If a child is placed outside the residency state of the
 10  7 child's parent, the placement sending agency shall provide for
 10  8 a designee to visit the child at least once every twelve
 10  9 months and to submit a written report to the court concerning
 10 10 the child and the visit.
 10 11    Sec. 28.  Section 232.195, Code Supplement 1997, is amended
 10 12 to read as follows:
 10 13    232.195  RUNAWAY TREATMENT PLAN.
 10 14    A county may develop a runaway treatment plan to address
 10 15 problems with chronic runaway children in the county.  The
 10 16 plan shall identify the problems with chronic runaway children
 10 17 in the county and specific solutions to be implemented by the
 10 18 county, including the development of a runaway assessment and
 10 19 counseling center.
 10 20    Sec. 29.  Section 232.196, Code Supplement 1997, is amended
 10 21 to read as follows:
 10 22    232.196  RUNAWAY ASSESSMENT AND COUNSELING CENTER.
 10 23    1.  As part of a county runaway treatment plan under
 10 24 section 232.195, a county may establish a runaway assessment
 10 25 and treatment center or other plan.  The center or other plan,
 10 26 if established, shall provide services to assess a child who
 10 27 is referred to the center or plan for being a chronic runaway
 10 28 and intensive family counseling services designed to address
 10 29 any problem causing the child to run away.  A center shall at
 10 30 least meet the requirements established for providing child
 10 31 foster care under chapter 237.
 10 32    2.  a.  If not sent home with the child's parent, guardian,
 10 33 or custodian, a chronic runaway may be placed in a runaway
 10 34 assessment and treatment center by the peace officer who takes
 10 35 the child into custody under section 232.19, if the officer
 11  1 believes it to be in the child's best interest after
 11  2 consulting with the child's parent, guardian, or custodian.  A
 11  3 chronic runaway shall not be placed in a runaway assessment
 11  4 and treatment center for more than forty-eight hours.
 11  5    b.  If a runaway is placed in a treatment an assessment
 11  6 center according to a county plan, the runaway shall be
 11  7 assessed within twenty-four hours of being placed in the
 11  8 center by a center counselor to determine the following:
 11  9    (1)  The reasons why the child is a runaway.
 11 10    (2)  Whether the initiation or continuation of child in
 11 11 need of assistance or family in need of assistance proceedings
 11 12 is appropriate.
 11 13    c.  As soon as practicable following the assessment, the
 11 14 child and the child's parents, guardian, or custodian shall be
 11 15 provided the opportunity for a counseling session to identify
 11 16 the underlying causes of the runaway behavior and develop a
 11 17 plan to address those causes.
 11 18    d.  A child shall be released from a runaway assessment and
 11 19 treatment center, established pursuant to the county plan, to
 11 20 the child's parents, guardian, or custodian not later than
 11 21 forty-eight hours after being placed in the center unless the
 11 22 child is placed in shelter care under section 232.21 or an
 11 23 order is entered under section 232.78.  A child whose parents,
 11 24 guardian, or custodian failed to attend counseling at the
 11 25 center or fail to take custody of the child at the end of
 11 26 placement in the center may be the subject of a child in need
 11 27 of assistance petition or such other order as the juvenile
 11 28 court finds to be in the child's best interest.
 11 29    Sec. 30.  Section 235C.2, subsection 8, Code 1997, is
 11 30 amended to read as follows:
 11 31    8.  A hospital administrator selected by the board of the
 11 32 Iowa hospital association of Iowa hospitals and health
 11 33 systems.
 11 34    Sec. 31.  Section 252B.1, subsection 2, Code Supplement
 11 35 1997, is amended to read as follows:
 12  1    2.  "Child" includes but shall not be limited to a
 12  2 stepchild, foster child or legally adopted child and means a
 12  3 child actually or apparently under eighteen years of age, and
 12  4 a dependent person eighteen years of age or over who is unable
 12  5 to maintain the person's self and is likely to become a public
 12  6 charge.  "Child" includes "dependent children child" as
 12  7 defined in section 239B.1.
 12  8    Sec. 32.  Section 255.26, unnumbered paragraph 1, Code
 12  9 1997, is amended to read as follows:
 12 10    Warrants issued under section 255.25 shall be promptly
 12 11 drawn on the treasurer of state and forwarded by the director
 12 12 of revenue and finance to the treasurer of the state
 12 13 university, and the same shall be by the treasurer of the
 12 14 state university placed to the credit of the funds which are
 12 15 set aside for the support of said the university hospital.
 12 16 However, warrants shall not be paid unless the UB-82 claim
 12 17 required pursuant to section 255A.13 has been filed with the
 12 18 Iowa community health data commission management information
 12 19 system.  The superintendent of the said university hospital
 12 20 shall certify to the auditor of state on the first day of
 12 21 January, April, July and October of each year, the amount as
 12 22 herein provided not previously certified by the superintendent
 12 23 due the state from the several counties having patients
 12 24 chargeable thereto, and the auditor of state shall thereupon
 12 25 charge the same to the county so owing.  A duplicate
 12 26 certificate shall also be mailed to the auditor of each county
 12 27 having patients chargeable thereto.  Expenses for obstetrical
 12 28 patients served under section 255A.9 shall be reimbursed as
 12 29 specified in section 255A.9.
 12 30    Sec. 33.  Section 255A.13, Code 1997, is amended to read as
 12 31 follows:
 12 32    255A.13  DATA COLLECTION.
 12 33    Beginning July 1, 1987, the University of Iowa hospitals
 12 34 and clinics shall submit, on a quarterly basis, UB-82 claims
 12 35 for all patients discharged after being served under the
 13  1 indigent patient program under chapter 255.  The UB-82 claim
 13  2 shall include all data elements which are required by the Iowa
 13  3 community health data commission management information
 13  4 system.
 13  5    Sec. 34.  Section 257.14, subsection 2, Code Supplement
 13  6 1997, is amended by striking the subsection.
 13  7    Sec. 35.  Section 260A.1, subsection 4, Code Supplement
 13  8 1997, is amended to read as follows:
 13  9    4.  Moneys received by a community college under this
 13 10 section shall not be commingled with general state financial
 13 11 aid, including financial aid to merged areas in lieu of
 13 12 personal property tax replacement payments under section
 13 13 427A.13, to merged areas as defined in section 260C.2, and
 13 14 including moneys received for vocational education programs in
 13 15 accordance with chapters 258 and 260C.  Payments made to a
 13 16 community college shall be accounted for by the community
 13 17 college separately from other state aid payments.  Each
 13 18 community college shall maintain a separate listing within its
 13 19 budget accounting for payments received and expenditures made
 13 20 pursuant to this section and section 260A.3.
 13 21    Sec. 36.  Section 280.17, Code 1997, is amended to read as
 13 22 follows:
 13 23    280.17  PROCEDURES FOR HANDLING CHILD ABUSE REPORTS.
 13 24    The board of directors of a public school and the
 13 25 authorities in control of a nonpublic school shall prescribe
 13 26 procedures, in accordance with the guidelines contained in the
 13 27 model policy developed by the department of education in
 13 28 consultation with the department of human services, and
 13 29 adopted by the department of education pursuant to chapter
 13 30 17A, for the handling of reports of child abuse, as defined in
 13 31 section 232.68, subsection 2, paragraph "a", "b c", or "d e",
 13 32 alleged to have been committed by an employee or agent of the
 13 33 public or nonpublic school.
 13 34    Sec. 37.  Section 297.22, subsection 3, Code Supplement
 13 35 1997, is amended to read as follows:
 14  1    3.  The provisions in subsection subsections 1 and 2,
 14  2 relating to the sale, lease, or disposition of school district
 14  3 property do not apply to student-constructed buildings and the
 14  4 property on which student-constructed buildings are located.
 14  5 The board of directors of a school district may sell, lease,
 14  6 or dispose of a student-constructed building and the property
 14  7 on which the student-constructed building is located, and may
 14  8 purchase sites for the erection of additional structures, by
 14  9 any procedure which is adopted by the board.
 14 10    Sec. 38.  Section 307.25, subsection 4, Code Supplement
 14 11 1997, is amended to read as follows:
 14 12    4.  Administer chapters 327A, 328, 329 and 330.
 14 13    Sec. 39.  Section 307.27, subsection 7, Code Supplement
 14 14 1997, is amended to read as follows:
 14 15    7.  Administer the regulation of motor vehicle certificated
 14 16 carriers pursuant to chapter 325 325A.
 14 17    Sec. 40.  Section 307.27, subsection 8, Code Supplement
 14 18 1997, is amended by striking the subsection.
 14 19    Sec. 41.  Section 321.20B, subsection 1, unnumbered
 14 20 paragraph 2, Code Supplement 1997, is amended to read as
 14 21 follows:
 14 22    This subsection does not apply to the operator of a motor
 14 23 vehicle owned or leased to the United States, this state, or
 14 24 any political subdivision of this state or to a motor vehicle
 14 25 which is subject to section 325.26, 327.15, 327A.5, 325A.6 or
 14 26 327B.6.
 14 27    Sec. 42.  Section 321.44A, Code Supplement 1997, is amended
 14 28 to read as follows:
 14 29    321.44A  VOLUNTARY CONTRIBUTION – ANATOMICAL GIFT PUBLIC
 14 30 AWARENESS AND TRANSPLANTATION FUND – AMOUNT RETAINED BY
 14 31 COUNTY TREASURER.
 14 32    For each application for registration or renewal, the
 14 33 county treasurer or the department shall request through use
 14 34 of a written form, and, if the application is made in person,
 14 35 through verbal communication, that an applicant make a
 15  1 voluntary contribution of one dollar or more to the anatomical
 15  2 gift public awareness and transplantation fund established
 15  3 pursuant to section 142C.15.  Ninety-five percent of the
 15  4 moneys collected by the county and one hundred percent of the
 15  5 moneys collected by the department in the form of
 15  6 contributions shall be remitted to the treasurer of state for
 15  7 deposit in the fund to be used for the purposes specified for
 15  8 the fund.  The remaining five percent of the moneys collected
 15  9 by the county shall be retained by the county treasurer for
 15 10 deposit in the general fund of the county.  The director shall
 15 11 adopt rules to administer this section.
 15 12    Sec. 43.  Section 321.71, subsection 7, Code 1997, is
 15 13 amended to read as follows:
 15 14    7.  A certificate of title shall not be issued for a motor
 15 15 vehicle less than ten model years old which is equipped with
 15 16 an odometer by the manufacturer, unless an odometer statement
 15 17 which is in compliance with federal law and regulations has
 15 18 been made by the transferor of the vehicle and is furnished
 15 19 with the application for certificate of title.  The new
 15 20 certificate of title shall record on its face the odometer
 15 21 reading and the word "actual" if the true mileage is known.
 15 22 If the odometer reading is not the true mileage or the true
 15 23 mileage is unknown, the words "not actual" shall be recorded.
 15 24 If the odometer reading is greater than the odometer can
 15 25 mechanically count, the words "exceeds the mechanical limits"
 15 26 shall be recorded.  However, a certificate of title may be
 15 27 issued for a motor vehicle to a person who moves into this
 15 28 state if the person acquired ownership of the motor vehicle
 15 29 prior to moving to this state.  This subsection does not apply
 15 30 to motor vehicles having a registered gross vehicle weight
 15 31 rating of more than sixteen thousand pounds.
 15 32    Sec. 44.  Section 321.179, subsection 1, unnumbered
 15 33 paragraph 1, Code Supplement 1997, is amended to read as
 15 34 follows:
 15 35    Notwithstanding the provisions of this chapter or chapter
 16  1 321L which grant sole authority to the department for the
 16  2 issuance of motor vehicle licenses, nonoperator's
 16  3 identification cards, and persons with disabilities
 16  4 identification devices parking permits, the counties of Adams,
 16  5 Cass, Fremont, Mills, Montgomery, and Page shall be authorized
 16  6 to issue motor vehicle licenses, nonoperator's identification
 16  7 cards, and persons with disabilities identification devices
 16  8 parking permits on a permanent basis.  However, a county shall
 16  9 only be authorized to issue commercial driver's licenses if
 16 10 certified to do so by the department.  If a county fails to
 16 11 meet the standards for certification under this section, the
 16 12 department itself shall provide for the issuance of commercial
 16 13 driver's licenses in that county.  The department shall
 16 14 certify the county treasurers in the permanent counties to
 16 15 issue commercial driver's licenses if all of the following
 16 16 conditions are met:
 16 17    Sec. 45.  Section 321.216B, Code Supplement 1997, is
 16 18 amended to read as follows:
 16 19    321.216B  USE OF MOTOR VEHICLE LICENSE OR NONOPERATOR'S
 16 20 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN ALCOHOL.
 16 21    A person who is under the age of twenty-one, who alters or
 16 22 displays or has in the person's possession a fictitious or
 16 23 fraudulently altered motor vehicle license or nonoperator's
 16 24 identification card and who uses the license to violate or
 16 25 attempt to violate section 123.47, commits a simple
 16 26 misdemeanor punishable by a fine of one hundred dollars.  The
 16 27 court shall forward a copy of the conviction or order of
 16 28 adjudication under section 232.47 to the department.
 16 29    Sec. 46.  Section 321.231, subsection 5, Code Supplement
 16 30 1997, is amended to read as follows:
 16 31    5.  The foregoing provisions shall not relieve the driver
 16 32 of an authorized emergency vehicle or the rider of a police
 16 33 bicycle from the duty to drive or ride with due regard for the
 16 34 safety of all persons, nor shall such provisions protect the
 16 35 driver or rider from the consequences of the driver's or
 17  1 rider's reckless disregard for the safety of others.
 17  2    Sec. 47.  Section 321.492, unnumbered paragraph 2, Code
 17  3 Supplement 1997, is amended to read as follows:
 17  4    A peace officer having probable cause to stop a vehicle may
 17  5 require exhibition of the proof of insurance financial
 17  6 liability coverage card issued for the vehicle if the vehicle
 17  7 is a motor vehicle registered in this state.
 17  8    Sec. 48.  Section 321A.33, Code Supplement 1997, is amended
 17  9 to read as follows:
 17 10    321A.33  EXCEPTIONS.
 17 11    This chapter does not apply to any motor vehicle owned by
 17 12 the United States, this state, or any political subdivision of
 17 13 this state or to any operator, except for section 321A.4,
 17 14 while on official duty operating such motor vehicle.  This
 17 15 chapter does not apply, except for sections 321A.4 and
 17 16 321A.26, to any motor vehicle which is subject to section
 17 17 325.26, 327.15, 327A.5, 325A.6 or 327B.6.
 17 18    Sec. 49.  Section 321J.2, subsection 3, paragraph a,
 17 19 subparagraph (3), Code Supplement 1997, is amended to read as
 17 20 follows:
 17 21    (3)  If the defendant has previously received a deferred
 17 22 judgment or sentence for a violation of subsection 2 1 or for
 17 23 a violation of a statute in another state substantially
 17 24 corresponding to subsection 2 1.
 17 25    Sec. 50.  Section 327C.2, Code Supplement 1997, is amended
 17 26 to read as follows:
 17 27    327C.2  GENERAL JURISDICTION OF TRANSPORTATION DEPARTMENT.
 17 28    The department has general supervision of all railroads in
 17 29 the state, express companies, car companies, freight and
 17 30 freight-line companies, motor carriers, and any common carrier
 17 31 engaged in the transportation of passengers or freight.
 17 32 However, the provisions of this chapter regarding the
 17 33 supervision of carriers do not apply to regular route motor
 17 34 carriers of passengers or charter carriers, as defined under
 17 35 section 325.1 325A.12.
 18  1    Sec. 51.  Section 327D.1, Code Supplement 1997, is amended
 18  2 to read as follows:
 18  3    327D.1  APPLICABILITY OF CHAPTER.
 18  4    This chapter applies to intrastate transportation by for-
 18  5 hire common carriers of persons and property.  However, this
 18  6 chapter does not apply to regular route motor carriers of
 18  7 passengers or charter carriers, as defined under section 325.1
 18  8 325A.12.
 18  9    Sec. 52.  Section 331.439, subsection 3, paragraph b, Code
 18 10 Supplement 1997, is amended to read as follows:
 18 11    b.  Based upon information contained in county management
 18 12 plans and budgets, the state-county management committee shall
 18 13 recommend an allowed growth factor adjustment to the governor
 18 14 by November 15 for the fiscal year which commences two years
 18 15 from the beginning date of the fiscal year in progress at the
 18 16 time the recommendation is made.  The allowed growth factor
 18 17 adjustment shall address costs associated with new consumers
 18 18 of service, service cost inflation, and investments for
 18 19 economy and efficiency.  In developing the service cost
 18 20 inflation recommendation, the committee shall consider the
 18 21 cost trends indicated by the gross expenditure amount reported
 18 22 in the expenditure reports submitted by counties pursuant to
 18 23 subsection 1, paragraph "b a".  The governor shall consider
 18 24 the committee's recommendation in developing the governor's
 18 25 recommendation for an allowed growth factor adjustment for
 18 26 such fiscal year.  The governor's recommendation shall be
 18 27 submitted at the time the governor's proposed budget for the
 18 28 succeeding fiscal year is submitted in accordance with chapter
 18 29 8.
 18 30    Sec. 53.  Section 331.439, subsection 7, Code Supplement
 18 31 1997, is amended to read as follows:
 18 32    7.  A county shall annually report data concerning the
 18 33 services managed by the county.  At a minimum, the data
 18 34 reported shall indicate the number of different individuals
 18 35 who utilized services in a fiscal year and the various types
 19  1 of services.  Data reported under this subsection shall be
 19  2 submitted with the county's expenditure report required under
 19  3 subsection 1, paragraph "b a".
 19  4    Sec. 54.  Section 400.1, Code Supplement 1997, is amended
 19  5 to read as follows:
 19  6    400.1  APPOINTMENT OF COMMISSION.
 19  7    In cities having a population of eight thousand or over and
 19  8 having a paid fire department or a paid police department, the
 19  9 mayor, one year after each a regular municipal election, with
 19 10 the approval of the council, shall appoint three civil service
 19 11 commissioners who shall hold office, one until the first
 19 12 Monday in April of the second year, one until the first Monday
 19 13 in April of the third year, and one until the first Monday in
 19 14 April of the fourth year after such appointment, whose
 19 15 successors shall be appointed for a term of four years.  In
 19 16 cities having a population of more than one hundred thousand,
 19 17 the city council may establish, by ordinance, the number of
 19 18 civil service commissioners at not less than three.
 19 19    For the purpose of determining the population of a city
 19 20 under this chapter, the federal census conducted in 1980 shall
 19 21 be used.
 19 22    Sec. 55.  Section 403.22, subsection 1, unnumbered
 19 23 paragraph 3, Code Supplement 1997, is amended to read as
 19 24 follows:
 19 25    For a municipality with a population of five thousand or
 19 26 less, the municipality need not provide any low and moderate
 19 27 income family housing assistance if the municipality has
 19 28 completed a housing needs assessment meeting the standards set
 19 29 out by the department of economic development, which shows no
 19 30 low and moderate income housing need and the department of
 19 31 economic development agrees that no low and moderate income
 19 32 family housing assistance is needed.
 19 33    Sec. 56.  Section 422.7, subsection 12A, unnumbered
 19 34 paragraph 3, Code Supplement 1997, is amended to read as
 19 35 follows:
 20  1    The additional deduction shall not be allowed for wages
 20  2 paid to an individual who was hired to replace an individual
 20  3 whose employment was terminated within the twelve-month period
 20  4 preceding the date of first employment.  However, if the
 20  5 individual being replaced left employment voluntarily without
 20  6 good cause attributable to the employer or if the individual
 20  7 was discharged for misconduct in connection with the
 20  8 individual's employment as determined by the division of job
 20  9 service of the department of employment services workforce
 20 10 development, the additional deduction shall be allowed.
 20 11    Sec. 57.  Section 422.120, subsection 1, paragraph a, Code
 20 12 Supplement 1997, is amended to read as follows:
 20 13    a.  There is allowed a state tax credit for livestock
 20 14 production operations located in the state.  The amount of the
 20 15 credit equals ten cents for each corn equivalent consumed by
 20 16 the livestock in the production operation as specified under
 20 17 this section.  The credit shall be refunded as provided in
 20 18 section 422.121 422.122.
 20 19    Sec. 58.  Section 426B.2, subsection 3, Code Supplement
 20 20 1997, is amended to read as follows:
 20 21    3.  The department director of human services shall notify
 20 22 the director of revenue and finance of the amounts due a
 20 23 county in accordance with the provisions of this section.  The
 20 24 director of revenue and finance shall draw warrants on the
 20 25 property tax relief fund, payable to the county treasurer in
 20 26 the amount due to a county in accordance with subsection 1 and
 20 27 mail the warrants to the county auditors in September and
 20 28 March of each year.
 20 29    Sec. 59.  Section 426B.3, subsection 1, Code Supplement
 20 30 1997, is amended to read as follows:
 20 31    1.  The county auditor shall reduce the certified budget
 20 32 amount received from the board of supervisors for the
 20 33 succeeding fiscal year for the county mental health, mental
 20 34 retardation, and developmental disabilities services fund
 20 35 created in section 331.424A by an amount equal to the amount
 21  1 the county will receive from the property tax relief fund
 21  2 pursuant to section 426B.2, for the succeeding fiscal year and
 21  3 the auditor shall determine the rate of taxation necessary to
 21  4 raise the reduced amount.  On the tax list, the county auditor
 21  5 shall compute the amount of taxes due and payable on each
 21  6 parcel before and after the amount received from the property
 21  7 tax relief fund is used to reduce the county budget.  The
 21  8 director of revenue and finance human services shall notify
 21  9 the county auditor of each county of the amount of moneys the
 21 10 county will receive from the property tax relief fund pursuant
 21 11 to section 426B.2, for the succeeding fiscal year.
 21 12    Sec. 60.  Section 452A.52, unnumbered paragraph 2, Code
 21 13 1997, is amended to read as follows:
 21 14    Any person who is unable to display either of the permits
 21 15 or the license provided in section 452A.53 and brings into the
 21 16 state in the fuel supply tanks of a commercial motor vehicle
 21 17 more than thirty gallons of motor fuel or special fuel in
 21 18 violation of the provisions of the preceding paragraph is
 21 19 guilty of a simple misdemeanor.
 21 20    Sec. 61.  Section 452A.53, unnumbered paragraph 4, Code
 21 21 Supplement 1997, is amended to read as follows:
 21 22    Each vehicle operated into or through Iowa in interstate
 21 23 operations using motor fuel or special fuel acquired in any
 21 24 other state shall carry in or on the vehicle a duplicate or
 21 25 evidence of the permit or license required in this section.  A
 21 26 fee not to exceed fifty cents shall be charged for each
 21 27 duplicate or other evidence of a permit or license issued.
 21 28    Sec. 62.  Section 453A.3, subsection 2, Code Supplement
 21 29 1997, is amended to read as follows:
 21 30    2.  A person who violates section 453A.2, subsection 2,
 21 31 shall pay a civil penalty pursuant to section 805.8,
 21 32 subsection 11.  Failure to pay the civil penalty imposed for a
 21 33 violation of section 453A.2, subsection 2, is a simple
 21 34 misdemeanor punishable as a scheduled violation under section
 21 35 805.8, subsection 11.  Notwithstanding section 602.8106 or any
 22  1 other provision to the contrary, any civil penalty or criminal
 22  2 fine paid under this subsection shall be retained by the city
 22  3 or county enforcing the violation to be used for enforcement
 22  4 of section 453A.2.
 22  5    Sec. 63.  Section 455A.11, Code 1997, is amended to read as
 22  6 follows:
 22  7    455A.11  PREFERENCES IN TEMPORARY EMPLOYMENT.
 22  8    In its employment of persons in temporary positions in
 22  9 conservation and outdoor recreation, the department of natural
 22 10 resources shall give preference to persons meeting eligibility
 22 11 requirements for the green thumb program under section 15.227
 22 12 and to persons working toward an advanced education in natural
 22 13 resources and conservation.
 22 14    Sec. 64.  Section 487.909, Code Supplement 1997, is amended
 22 15 to read as follows:
 22 16    487.909  RESIGNATION OF AGENT FOR SERVICE OF PROCESS.
 22 17    An agent for service of process of a foreign limited
 22 18 partnership may resign as agent by signing and delivering to
 22 19 the secretary of state an original statement of resignation
 22 20 for filing in accordance with section 487.206 487.108.  The
 22 21 agent shall send a copy of the statement of resignation by
 22 22 certified mail to the foreign limited partnership at its
 22 23 principal place of business.  The agent shall certify to the
 22 24 secretary of state that the copy has been sent to the limited
 22 25 partnership, including the date the copy was sent.  The
 22 26 appointment of the agent terminates on the date on which the
 22 27 statement is filed by the secretary of state.
 22 28    Sec. 65.  Section 490.1110, subsection 2, Code Supplement
 22 29 1997, is amended to read as follows:
 22 30    2.  This section does not apply in any of the following
 22 31 circumstances:
 22 32    a.  The corporation does not have a class of voting stock
 22 33 that is listed on a national securities exchange, authorized
 22 34 for quotation on the national association of securities
 22 35 dealers automated quotations–national market system, or held
 23  1 of record by more than two thousand shareholders, unless any
 23  2 of the foregoing results from action taken, directly or
 23  3 indirectly, by an interested shareholder or from a transaction
 23  4 in which a person becomes an interested shareholder.
 23  5    b.  The corporation's original articles of incorporation
 23  6 contain a provision expressly electing not to be governed by
 23  7 this section.
 23  8    c.  The corporation, by action of its board of directors,
 23  9 adopts an amendment to its bylaws by no later than September
 23 10 29, 1997, expressly electing not to be governed by this
 23 11 section, which amendment shall not be further amended by the
 23 12 board of directors.
 23 13    d.  The corporation, by action of its shareholders, adopts
 23 14 an amendment to its articles of incorporation or bylaws
 23 15 expressly electing not to be governed by this section,
 23 16 provided that, in addition to any other vote required by law,
 23 17 such amendment to the articles of incorporation or bylaws must
 23 18 be approved by the affirmative vote of a majority of the
 23 19 shares entitled to vote.  An amendment adopted pursuant to
 23 20 this paragraph is effective immediately in the case of a
 23 21 corporation that has never had a class of voting stock that
 23 22 falls within any of the three categories set out in paragraph
 23 23 "a" and has not elected by a provision in its original
 23 24 articles of incorporation or any amendment to such articles to
 23 25 be governed by this section.  In all other cases, an amendment
 23 26 adopted pursuant to this paragraph is not effective until
 23 27 twelve months after the adoption of the amendment and does not
 23 28 apply to any business combination between the corporation and
 23 29 any person who became an interested shareholder of the
 23 30 corporation on or prior to such adoption.
 23 31    An amendment to the bylaws adopted pursuant to this
 23 32 paragraph shall not be further amended by the board of
 23 33 directors.
 23 34    e.  A shareholder becomes an interested shareholder
 23 35 inadvertently and both of the following apply:
 24  1    (1)  As soon as practicable the shareholder divests itself
 24  2 of ownership of sufficient shares so that the shareholder
 24  3 ceases to be an interested shareholder.
 24  4    (2)  The shareholder would not, at any time within the
 24  5 three-year period immediately prior to a business combination
 24  6 between the corporation and such shareholder, have been an
 24  7 interested shareholder but for the inadvertent acquisition of
 24  8 ownership.
 24  9    f.  (1)  The business combination is proposed prior to the
 24 10 consummation or abandonment of and subsequent to the earlier
 24 11 of the public announcement or the notice required in this
 24 12 paragraph of a proposed transaction which satisfies all of the
 24 13 following:
 24 14    (a)  Constitutes a transaction described in subparagraph
 24 15 (2).
 24 16    (b)  Is with or by a person who either was not an
 24 17 interested shareholder during the previous three years or who
 24 18 became an interested shareholder with the approval of the
 24 19 corporation's board of directors or who became an interested
 24 20 shareholder during the time period described in paragraph "g".
 24 21    (c)  Is approved or not opposed by a majority of the
 24 22 members of the board of directors then in office who were
 24 23 directors prior to any person becoming an interested
 24 24 shareholder during the previous three years, or who were
 24 25 recommended for election or elected to succeed such directors
 24 26 by a majority of such directors.
 24 27    (2)  A proposed transaction under subparagraph (1) is
 24 28 limited to the following:
 24 29    (a)  A merger of the corporation, other than a merger
 24 30 pursuant to section 490.1104.
 24 31    (b)  A sale, lease, exchange, mortgage, pledge, transfer,
 24 32 or other disposition, in one or more transactions and whether
 24 33 as part of a dissolution or otherwise, of assets of the
 24 34 corporation or of any direct or indirect majority-owned
 24 35 subsidiary of the corporation, other than to a direct or
 25  1 indirect wholly owned subsidiary of the corporation or to the
 25  2 corporation itself, which has an aggregate market value equal
 25  3 to fifty percent or more of either the aggregate market value
 25  4 of all of the assets of the corporation determined on a
 25  5 consolidated basis, or the aggregate market value of all the
 25  6 outstanding stock of the corporation.
 25  7    (c)  A proposed tender or exchange offer for fifty percent
 25  8 or more of the outstanding voting stock of the corporation.
 25  9    (3)  The corporation shall give no less than twenty days'
 25 10 notice to all interested shareholders prior to the
 25 11 consummation of any of the transactions described in
 25 12 subparagraph (2), subparagraph subdivision (a) or (b).
 25 13    g.  The business combination is with an interested
 25 14 shareholder who becomes an interested shareholder of the
 25 15 corporation at a time when the corporation is not subject to
 25 16 this section pursuant to paragraphs paragraph "a", through
 25 17 "b", "c", or "d".
 25 18    Notwithstanding paragraphs "a" through "d", a corporation
 25 19 may elect under its original articles of incorporation or any
 25 20 amendment to such articles to be subject to this section.
 25 21 However, such amendment shall not apply to restrict a business
 25 22 combination between the corporation and an interested
 25 23 shareholder of the corporation if the interested shareholder
 25 24 became such prior to the effective date of the amendment.
 25 25    Sec. 66.  Section 499.22, Code Supplement 1997, is amended
 25 26 to read as follows:
 25 27    499.22  CAPITAL STOCK.
 25 28    An association with capital stock may divide the shares
 25 29 into common and preferred stock.  Par value stock shall not be
 25 30 issued for less than par.  The general corporation laws shall
 25 31 govern the consideration for which no-par stock is issued.  If
 25 32 the articles so provide, common stock may be issued in two
 25 33 classes, voting and nonvoting.  Voting stock shall be issued
 25 34 to all agricultural producers and nonvoting stock to all other
 25 35 members.  Voting stock or nonvoting stock may be issued to a
 26  1 cooperative association as provided in the cooperative
 26  2 association's articles of incorporation of the association
 26  3 issuing the stock.  Nonvoting stock shall have all privileges
 26  4 of membership except the right to vote.  Preferred stock held
 26  5 by nonmembers shall not exceed in amount that held by members.
 26  6    Sec. 67.  Section 513B.7, subsections 2 and 3, Code
 26  7 Supplement 1997, are amended to read as follows:
 26  8    2.  A small employer carrier or organized delivery system
 26  9 shall file each March 1 with the commissioner or the director
 26 10 of public health an actuarial certification that the small
 26 11 employer carrier or organized delivery system is in compliance
 26 12 with this section and that the rating methods of the small
 26 13 employer carrier or organized delivery system are actuarially
 26 14 sound.  A copy of the certification shall be retained by the
 26 15 small employer carrier or organized delivery system at its
 26 16 principal place of business.
 26 17    3.  A small employer carrier or organized delivery system
 26 18 shall make the information and documentation described in
 26 19 subsection 1 available to the commissioner or organized
 26 20 delivery system the director of public health upon request.
 26 21 The information is not a public record or otherwise subject to
 26 22 disclosure under chapter 22, and is considered proprietary and
 26 23 trade secret information and is not subject to disclosure by
 26 24 the commissioner or the director of public health to persons
 26 25 outside of the division or department except as agreed to by
 26 26 the small employer carrier or organized delivery system or as
 26 27 ordered by a court of competent jurisdiction.
 26 28    Sec. 68.  Section 513B.10, subsection 4, paragraph b,
 26 29 unnumbered paragraph 1, Code Supplement 1997, is amended to
 26 30 read as follows:
 26 31    A carrier or organized delivery system offering group
 26 32 health insurance coverage shall not impose any preexisting
 26 33 condition exclusion as follows:
 26 34    Sec. 69.  Section 514E.1, subsection 1, Code Supplement
 26 35 1997, is amended to read as follows:
 27  1    1.  "Association" means the Iowa comprehensive health
 27  2 insurance association established by section 514E.2.
 27  3    Sec. 70.  Section 514E.7, subsection 4, paragraph b,
 27  4 unnumbered paragraph 1, Code Supplement 1997, is amended to
 27  5 read as follows:
 27  6    Plan coverage shall not impose any preexisting condition
 27  7 exclusion as follows:
 27  8    Sec. 71.  Section 535.11, subsection 4, Code 1997, is
 27  9 amended to read as follows:
 27 10    4.  With respect to an open account, the creditor may
 27 11 impose a finance charge not exceeding that permitted by
 27 12 section 537.2202, subsections subsection 2 and 3.
 27 13    Sec. 72.  Section 537.2202, subsection 3, Code Supplement
 27 14 1997, is amended by striking the subsection.
 27 15    Sec. 73.  Section 537.2402, subsection 3, Code Supplement
 27 16 1997, is amended by striking the subsection.
 27 17    Sec. 74.  Section 537B.2, subsection 2, Code 1997, is
 27 18 amended to read as follows:
 27 19    2.  "Motor vehicle" means a motor vehicle as defined in
 27 20 section 321.1 which is subject to registration.  However,
 27 21 "motor vehicle" does not include a motor vehicle, as defined
 27 22 in section 321.1, with a registered gross vehicle weight
 27 23 rating of more than twelve thousand pounds.
 27 24    Sec. 75.  Section 556.13, subsection 3, Code Supplement
 27 25 1997, is amended to read as follows:
 27 26    3.  If the holder of property reported to the treasurer of
 27 27 state is the issuer of a certificated security, the treasurer
 27 28 of state has the right to obtain a replacement certificate
 27 29 pursuant to section 554.8408 554.8405 but an indemnity bond is
 27 30 not required.
 27 31    Sec. 76.  Section 602.6110, subsection 1, Code Supplement
 27 32 1997, is amended to read as follows:
 27 33    1.  A peer review court may be established in each judicial
 27 34 district to divert certain youthful juvenile offenders from
 27 35 the criminal or juvenile justice systems.  The court shall
 28  1 consist of a qualified adult to act as judge while the duties
 28  2 of prosecutor, defense counsel, court attendant, clerk, and
 28  3 jury shall be performed by persons twelve through seventeen
 28  4 years of age.
 28  5    Sec. 77.  Section 614.1, subsection 2A, paragraph b,
 28  6 subparagraph (1), Code Supplement 1997, is amended to read as
 28  7 follows:
 28  8    (1)  The fifteen-year limitation in paragraph "a" shall not
 28  9 apply to the time period in which to discover a disease that
 28 10 is latent and caused by exposure to a harmful material, in
 28 11 which event the cause of action shall be deemed to have
 28 12 accrued when the disease and such disease's cause have been
 28 13 made known to the person or at the point the person should
 28 14 have been aware of the disease and such disease's cause.  This
 28 15 subsection shall not apply to cases governed by section 614.1,
 28 16 subsection 11.
 28 17    Sec. 78.  Section 633.556, subsection 3, Code Supplement
 28 18 1997, is amended to read as follows:
 28 19    3.  Section 633.551 applies to the appointment of a
 28 20 conservator guardian.
 28 21    Sec. 79.  Section 642.2, subsection 1, Code Supplement
 28 22 1997, is amended to read as follows:
 28 23    1.  The state of Iowa, and all of its governmental
 28 24 subdivisions and agencies, may be garnished, only as provided
 28 25 in this section and the consent of the state and of its
 28 26 governmental subdivisions and agencies to those garnishment
 28 27 proceedings is hereby given.  However, notwithstanding the
 28 28 requirements of this chapter, income withholding notices for
 28 29 child support shall be served on the state, and all of its
 28 30 governmental subdivisions and agencies, pursuant to the
 28 31 requirements of chapter 252D.
 28 32    Sec. 80.  Section 673.3, unnumbered paragraph 4, Code
 28 33 Supplement 1997, is amended to read as follows:
 28 34    The domesticated animal may act react unpredictably to
 28 35 conditions, including, but not limited to, a sudden movement,
 29  1 loud noise, an unfamiliar environment, or the introduction of
 29  2 unfamiliar persons, animals, or objects.
 29  3    Sec. 81.  Section 730.5, subsection 3, paragraph f, Code
 29  4 1997, is amended to read as follows:
 29  5    f.  The employer shall provide substance abuse evaluation,
 29  6 and treatment if recommended by the evaluation, with costs
 29  7 apportioned as provided under the employee benefit plan or at
 29  8 employer expense, if there is no employee benefit plan, the
 29  9 first time an employee's drug test indicates the presence of
 29 10 alcohol or a controlled substance.  An employer shall take no
 29 11 disciplinary action against an employee due to the employee's
 29 12 drug involvement the first time the employee's drug test
 29 13 indicates the presence of alcohol or a controlled substance if
 29 14 the employee undergoes a substance abuse evaluation, and if
 29 15 the employee successfully completes substance abuse treatment
 29 16 if treatment is recommended by the evaluation.  However, if an
 29 17 employee fails to undergo substance abuse evaluation when
 29 18 required under the results of a drug test, or fails to
 29 19 successfully complete substance abuse treatment when
 29 20 recommended by an evaluation, the employee may be disciplined
 29 21 up to and including discharge.  The substance abuse evaluation
 29 22 and treatment provided by the employer shall take place under
 29 23 a program approved by the department of public health or
 29 24 accredited by the joint commission on the accreditation of
 29 25 hospitals health care organizations.
 29 26    Sec. 82.  Section 805.8, subsection 2, paragraph c, Code
 29 27 Supplement 1997, is amended to read as follows:
 29 28    c.  For improperly used or nonused, or defective or
 29 29 improper equipment, other than brakes, driving lights and
 29 30 brake lights, under sections 321.317, 321.387, 321.388,
 29 31 321.389, 321.390, 321.391, 321.392, 321.393, 321.422, 321.432,
 29 32 321.436, 321.437, 321.438, subsection 1 or 3, sections
 29 33 321.439, 321.440, 321.441, 321.442, 321.444, and 321.445, the
 29 34 scheduled fine is ten dollars.
 29 35    Sec. 83.  Section 805.8, subsection 2, paragraph p, Code
 30  1 Supplement 1997, is amended by striking the paragraph.
 30  2    Sec. 84.  Section 805.8, subsection 2, paragraph q, Code
 30  3 Supplement 1997, is amended to read as follows:
 30  4    q.  For failure to have proper carrier identification
 30  5 markings under section 325.31, 327.19, 327A.8, or 327B.1, the
 30  6 scheduled fine is fifteen dollars.
 30  7    Sec. 85.  Section 805.8, subsection 2, paragraph v, Code
 30  8 Supplement 1997, is amended to read as follows:
 30  9    v.  Violations of the schedule of axle and tandem axle and
 30 10 gross or group of axle weight violations in section 321.463
 30 11 shall be scheduled violations subject to the provisions,
 30 12 procedures and exceptions contained in sections 805.6 to
 30 13 805.11, irrespective of the amount of the fine under that
 30 14 schedule.  Violations of the schedule of weight violations
 30 15 shall be chargeable, where the fine charged does not exceed
 30 16 one hundred dollars, only by uniform citation and complaint.
 30 17 Violations of the schedule of weight violations, where the
 30 18 fine charged exceeds one hundred dollars:
 30 19    (1)  Shall shall, when the violation is admitted and
 30 20 section 805.9 applies, be chargeable upon uniform citation and
 30 21 complaint, indictment, or county attorney's information,
 30 22    (2)  but otherwise, shall be chargeable only upon
 30 23 indictment or county attorney's information.
 30 24    PARAGRAPH DIVIDED.  In all cases of charges under the
 30 25 schedule of weight violations, the charge shall specify the
 30 26 amount of fine charged under the schedule.  Where a defendant
 30 27 is convicted and the fine under the foregoing schedule of
 30 28 weight violations exceeds one hundred dollars, the conviction
 30 29 shall be of an indictable offense although section 805.9 is
 30 30 employed and whether the violation is charged upon uniform
 30 31 citation and complaint, indictment, or county attorney's
 30 32 information.
 30 33    Sec. 86.  Section 805.8, subsection 11, paragraph b,
 30 34 subparagraph (2), Code Supplement 1997, is amended to read as
 30 35 follows:
 31  1    (2)  For failing to pay the civil penalty under section
 31  2 453A.2, subsection 2, the scheduled criminal fine is twenty-
 31  3 five dollars if the violation is a first offense, fifty
 31  4 dollars if the violation is a second offense, and one hundred
 31  5 dollars if the violation is a third or subsequent offense.
 31  6 Failure to pay the scheduled criminal fine shall not result in
 31  7 the person being detained in a secure facility.  The
 31  8 complainant shall not be charged a filing fee.
 31  9    Sec. 87.  Section 809A.4, subsection 2, paragraph b, Code
 31 10 1997, is amended to read as follows:
 31 11    b.  If the only conduct giving rise to forfeiture is a
 31 12 violation of section 124.401, subsection 3 5, real property is
 31 13 not subject to forfeiture and other property subject to
 31 14 forfeiture pursuant to paragraph "a", subparagraph (2), may be
 31 15 forfeited only pursuant to section 809A.14.
 31 16    Sec. 88.  Section 903A.2, Code Supplement 1997, is amended
 31 17 to read as follows:
 31 18    903A.2  GOOD CONDUCT TIME.
 31 19    1.  Each inmate committed to the custody of the director of
 31 20 the department of corrections is eligible for a reduction of
 31 21 sentence for good behavior in the manner provided in this
 31 22 section.  For purposes of calculating the amount of time by
 31 23 which an inmate's sentence may be reduced, inmates shall be
 31 24 grouped into the following two sentencing categories:
 31 25    a.  Category "A" sentences are those sentences which are
 31 26 not subject to a maximum accumulation of good conduct time of
 31 27 fifteen percent of the total sentence of confinement under
 31 28 section 902.12.  To the extent provided in subsection 5,
 31 29 category "A" sentences also include life sentences imposed
 31 30 under section 902.1.  An inmate of an institution under the
 31 31 control of the department of corrections who is serving a
 31 32 category "A" sentence is eligible for a reduction of sentence
 31 33 equal to one day for each day of good conduct while committed
 31 34 to one of the department's institutions.  In addition, each
 31 35 inmate who is serving a category "A" sentence is eligible for
 32  1 an additional reduction of up to five days per month if the
 32  2 inmate participates satisfactorily in any of the following
 32  3 activities:
 32  4    (1)  Employment in the institution.
 32  5    (2)  Iowa state industries.
 32  6    (3)  An employment program established by the director.
 32  7    (4)  A treatment program established by the director.
 32  8    (5)  An inmate educational program approved by the
 32  9 director.
 32 10    b.  Category "B" sentences are those sentences which are
 32 11 subject to a maximum accumulation of good conduct time of
 32 12 fifteen percent of the total sentence of confinement under
 32 13 section 902.12.  An inmate of an institution under the control
 32 14 of the department of corrections who is serving a category "B"
 32 15 sentence is eligible for a reduction of sentence equal to
 32 16 fifteen eighty-fifths of a day for each day of good conduct by
 32 17 the inmate.
 32 18    2.  Good conduct time earned pursuant to this section may
 32 19 be forfeited in the manner prescribed in section 903A.3.
 32 20    3.  Time served in a jail or another facility prior to
 32 21 actual placement in an institution under the control of the
 32 22 department of corrections and credited against the sentence by
 32 23 the court shall accrue for the purpose of reduction of
 32 24 sentence under this section.  Time which elapses during an
 32 25 escape shall not accrue for purposes of reduction of sentence
 32 26 under this section.
 32 27    4.  Time which elapses between the date on which a person
 32 28 is incarcerated, based upon a determination of the board of
 32 29 parole that a violation of parole has occurred, and the date
 32 30 on which the violation of parole was committed shall not
 32 31 accrue for purposes of reduction of sentence under this
 32 32 section.
 32 33    5.  Good conduct time accrued by inmates serving life
 32 34 sentences imposed under section 902.1 shall not reduce the
 32 35 life sentence, but shall be credited against the inmate's
 33  1 sentence if the life sentence is commuted to a term of years
 33  2 under section 902.2.
 33  3    Sec. 89.  Section 903A.7, Code Supplement 1997, is amended
 33  4 to read as follows:
 33  5    903A.7  SEPARATE SENTENCES.
 33  6    Consecutive multiple sentences that are within the same
 33  7 category under section 903A.2 shall be construed as one
 33  8 continuous sentence for purposes of calculating reductions of
 33  9 sentence for good conduct time.  If a person is sentenced to
 33 10 serve sentences of both categories, category "B" sentences
 33 11 shall be served before category "A" sentences are served, and
 33 12 good conduct time earned against the category "B" sentences
 33 13 shall not be used to reduce the category "A" sentences.  If an
 33 14 inmate serving a category "A" sentence is sentenced to serve a
 33 15 category "B" sentence, the category "A" sentence shall be
 33 16 interrupted, and no further good conduct time shall accrue
 33 17 against that sentence until the category "B" sentence is
 33 18 completed.
 33 19    Sec. 90.  Section 910.9, unnumbered paragraph 3, Code
 33 20 Supplement 1997, is amended to read as follows:
 33 21    Fines, penalties, and surcharges, crime victim compensation
 33 22 program reimbursement, public agency restitution, court costs
 33 23 including correctional fees claimed by a sheriff pursuant to
 33 24 section 356.7, court-appointed attorney's fees, and expenses
 33 25 for public defenders, shall not be withheld by the clerk of
 33 26 court until all victims have been paid in full.  Payments to
 33 27 victims shall be made by the clerk of court at least
 33 28 quarterly.  Payments by a clerk of court shall be made no
 33 29 later than the last business day of the quarter, but may be
 33 30 made more often at the discretion of the clerk of court.  The
 33 31 clerk of court receiving final payment from an offender, shall
 33 32 notify all victims that full restitution has been made, and a
 33 33 copy of the notice shall be sent to the sentencing court.
 33 34 Each office or individual charged with supervising an offender
 33 35 who is required to perform community service as full or
 34  1 partial restitution shall keep records to assure compliance
 34  2 with the portions of the plan of restitution and restitution
 34  3 plan of payment relating to community service and, when the
 34  4 offender has complied fully with the community service
 34  5 requirement, notify the sentencing court.
 34  6    Sec. 91.  1997 Iowa Acts, chapter 84, section 6, is amended
 34  7 to read as follows:
 34  8    SEC. 6.  EFFECTIVE DATE – APPLICABILITY.  This Act, being
 34  9 deemed of immediate importance, takes effect upon enactment.
 34 10 Notwithstanding Prior to the beginning of school for the
 34 11 school year beginning July 1, 1997, and notwithstanding the
 34 12 timing of the notice requirements in section 4 of this Act, a
 34 13 school district may conduct periodic inspection of school
 34 14 lockers, desks, or other facilities or spaces if the school
 34 15 district sends a notice to all students and the students'
 34 16 parents, guardians, or legal custodians prior to commencing
 34 17 any inspections.
 34 18    Sec. 92.  1997 Iowa Acts, chapter 130, section 3, is
 34 19 amended by striking the section and inserting in lieu thereof
 34 20 the following:
 34 21    SEC. 3.  Section 904.102, subsection 8, Code 1997, is
 34 22 amended to read as follows:
 34 23    8.  Correctional release center Newton correctional
 34 24 facility.
 34 25    Sec. 93.  1997 Iowa Acts, chapter 137, section 7, is
 34 26 amended by striking the section and inserting in lieu thereof
 34 27 the following:
 34 28    SEC. 7.  Section 455B.304, subsection 2, Code 1997, is
 34 29 amended to read as follows:
 34 30    2.  The commission shall adopt rules that allow the use of
 34 31 wet or dry sludge from publicly owned treatment works for land
 34 32 application.  A sale of wet or dry sludge for the purpose of
 34 33 land application shall be accompanied by a written agreement
 34 34 signed by both parties which contains a general analysis of
 34 35 the contents of the sludge.  The heavy metal content of the
 35  1 sludge shall not exceed that allowed by rules of the
 35  2 commission.  An owner of a publicly owned treatment works
 35  3 which sells wet or dry sludge is not subject to criminal
 35  4 liability for acts or omissions in connection with a sale, and
 35  5 is not subject to any action by the purchaser to recover
 35  6 damages for harm to person or property caused by sludge that
 35  7 is delivered pursuant to a sale unless it is a result of a
 35  8 violation of the written agreement or if the heavy metal
 35  9 content of the sludge exceeds that allowed by rules of the
 35 10 commission.  Nothing in this section shall provide immunity to
 35 11 any person from action by the department pursuant to section
 35 12 455B.307.  The rules promulgated adopted under this subsection
 35 13 shall be generally consistent with those rules of the
 35 14 department existing on January 1, 1982, regarding the land
 35 15 application of municipal sewage sludge except that they may
 35 16 provide for different methods of application for wet sludge
 35 17 and dry sludge.
 35 18    Sec. 94.  1997 Iowa Acts, chapter 175, section 110, is
 35 19 amended by striking the section and inserting in lieu thereof
 35 20 the following:
 35 21    SEC. 110.  Section 252I.1, subsections 1, 3, 5, and 8, Code
 35 22 1997, are amended to read as follows:
 35 23    1.  "Account" means "account" as defined in section
 35 24 524.103, "share account or shares" as defined in section
 35 25 534.102, the savings or deposits of a member received or being
 35 26 held by a credit union, or certificates of deposit.  "Account"
 35 27 also includes deposits held by an agent, a broker-dealer, or
 35 28 an issuer as defined in section 502.102 and money-market
 35 29 mutual fund accounts.  However, "account" does not include
 35 30 amounts held by a financial institution as collateral for
 35 31 loans extended by the financial institution.
 35 32    3.  "Court order" means "court support order" as defined in
 35 33 section 252C.1 252J.1.
 35 34    5.  "Financial institution" includes a bank, credit union,
 35 35 or savings and loan association means "financial institution"
 36  1 as defined in 42 U.S.C. } 669A(d)(1).  "Financial institution"
 36  2 also includes an institution which holds deposits for an
 36  3 agent, broker-dealer, or an issuer as defined in section
 36  4 502.102.
 36  5    8.  "Support" or "support payments" means "support" or
 36  6 "support payments" as defined in section 252D.1 252D.16A.
 36  7    Sec. 95.  1997 Iowa Acts, chapter 176, section 32, is
 36  8 amended by striking the section and inserting in lieu thereof
 36  9 the following:
 36 10    SEC. 32.  Section 235A.15, subsection 2, paragraph b,
 36 11 unnumbered paragraph 1, Code 1997, as amended by this Act, is
 36 12 amended to read as follows:
 36 13    Persons involved in an investigation or assessment of child
 36 14 abuse as follows:
 36 15    Sec. 96.  1997 Iowa Acts, chapter 176, section 33, is
 36 16 amended by striking the section and inserting in lieu thereof
 36 17 the following:
 36 18    SEC. 33.  Section 235A.15, subsection 2, paragraph b,
 36 19 subparagraphs (2), (3), (4), and (8), Code 1997, as amended by
 36 20 this Act, are amended to read as follows:
 36 21    (2)  To an employee or agent of the department of human
 36 22 services responsible for the investigation or assessment of a
 36 23 child abuse report.
 36 24    (3)  To a law enforcement officer responsible for assisting
 36 25 in an investigation assessment of a child abuse allegation or
 36 26 for the temporary emergency removal of a child from the
 36 27 child's home.
 36 28    (4)  To a multidisciplinary team, if the department of
 36 29 human services approves the composition of the
 36 30 multidisciplinary team and determines that access to the team
 36 31 is necessary to assist the department in the investigation,
 36 32 diagnosis, assessment, and disposition of a child abuse case.
 36 33    (8)  To a licensing authority for a facility providing care
 36 34 to a child named in a report, if the licensing authority is
 36 35 notified of a relationship between facility policy and the
 37  1 alleged child abuse under section 232.71, subsection 4
 37  2 232.71B.
 37  3    Sec. 97.  1997 Iowa Acts, chapter 176, section 37, is
 37  4 amended by striking the section and inserting in lieu thereof
 37  5 the following:
 37  6    SEC. 37.  Section 235A.15, subsection 6, Code 1997, as
 37  7 amended by this Act, is amended to read as follows:
 37  8    6.  a.  If a child who is a legal resident of another state
 37  9 is present in this state and a report of child abuse is made
 37 10 concerning the child, the department shall act to ensure the
 37 11 safety of the child.  The department shall contact the child's
 37 12 state of legal residency to coordinate the investigation or
 37 13 assessment of the report.  If the child's state of residency
 37 14 refuses to conduct an investigation or assessment, the
 37 15 department shall commence an appropriate investigation or
 37 16 assessment.
 37 17    b.  If a report of child abuse is made concerning an
 37 18 alleged perpetrator who resides in this state and a child who
 37 19 resides in another state, the department shall assist the
 37 20 child's state of residency in conducting an investigation or
 37 21 assessment of the report.  The assistance shall include but is
 37 22 not limited to an offer to interview the alleged perpetrator
 37 23 and any other relevant source.  If the child's state of
 37 24 residency refuses to conduct an investigation or assessment of
 37 25 the report, the department shall commence an appropriate
 37 26 investigation or assessment.  The department shall seek to
 37 27 develop protocols with states contiguous to this state for
 37 28 coordination in the investigation or assessment of a report of
 37 29 child abuse when a person involved with the report is a
 37 30 resident of another state.
 37 31    Sec. 98.  1997 Iowa Acts, chapter 176, section 39, is
 37 32 amended by striking the section and inserting in lieu thereof
 37 33 the following:
 37 34    SEC. 39.  Section 235A.19, subsection 2, paragraph a, Code
 37 35 1997, as amended by this Act, is amended to read as follows:
 38  1    a.  A subject of a child abuse report may file with the
 38  2 department within six months of the date of the notice of the
 38  3 results of an investigation required by section 232.71,
 38  4 subsection 7, or an assessment performed in accordance with
 38  5 section 232.71A 232.71B, a written statement to the effect
 38  6 that report data and disposition data referring to the subject
 38  7 is in whole or in part erroneous, and may request a correction
 38  8 of that data or of the findings of the investigation or
 38  9 assessment report.  The department shall provide the subject
 38 10 with an opportunity for an evidentiary hearing pursuant to
 38 11 chapter 17A to correct the data or the findings, unless the
 38 12 department corrects the data or findings as requested.  The
 38 13 department may defer the hearing until the conclusion of a
 38 14 pending juvenile or district court case relating to the data
 38 15 or findings.
 38 16    Sec. 99.  RETROACTIVE APPLICABILITY.  Sections 92 through
 38 17 94 of this Act, amending 1997 Iowa Acts, chapters 130, 137,
 38 18 and 175, are retroactively applicable to July 1, 1997.  
 38 19                           EXPLANATION
 38 20    Code section 15.353(5)(b):  In the new section directing
 38 21 the department of economic development to establish a local
 38 22 housing assistance program, a grammatical correction is made
 38 23 in the definition of "local housing group" by changing
 38 24 "community housing development interest" to "community housing
 38 25 development interests".
 38 26    Code sections 15E.182(1)(b) and (3)(e), 15E.183(2), and
 38 27 15E.184:  In the new sections relating to the Iowa capital
 38 28 investment board, the words "of economic development" are
 38 29 added after "the department" in sections 15E.182 and 15E.184,
 38 30 and the words "of revenue and finance" are added after "the
 38 31 department" in section 15E.183 to reflect the apparent intent
 38 32 of the sections.  "Department" is not defined in Code chapter
 38 33 15E.
 38 34    Code section 49.30:  In the section relating to printing of
 38 35 election ballots, grammatical corrections are made which are
 39  1 necessary following the addition of "constitutional
 39  2 amendments" and "public measures" to the items appearing on a
 39  3 ballot, by 1997 Iowa Acts, chapter 170, section 29.
 39  4    Code section 49.47:  In the section relating to notice of
 39  5 proper markings on paper ballots for public measures, the
 39  6 instructions for making the proper markings are changed to
 39  7 reflect the changes made in the general form of ballots by
 39  8 1997 Iowa Acts, chapter 170, section 41.
 39  9    Code sections 49.94, 49.95, and 49.97:  In the sections
 39 10 relating to marking voting tickets, the words "the names of"
 39 11 preceding "all the candidates" are stricken to correspond to
 39 12 the changes made by 1997 Iowa Acts, chapter 170, sections 48,
 39 13 49, and 51, relating to the manner in which the names of
 39 14 candidates appear on voting tickets.
 39 15    Code section 52.10:  In the section relating to the form of
 39 16 election ballots, the reference to the Code sections for the
 39 17 order of the list of candidates is changed from "sections
 39 18 49.30 to 49.41" to "sections 49.30 to 49.42A".  When Code
 39 19 section 49.42 was repealed and replaced with Code section
 39 20 49.42A by 1997 Iowa Acts, chapter 170, sections 37 and 93, the
 39 21 reference was changed to omit the repealed section,
 39 22 inadvertently leaving out the reference to the new replacement
 39 23 section.
 39 24    Code section 97A.3(1):  In the section relating to
 39 25 membership in the public safety peace officers' retirement
 39 26 system, "when this chapter becomes effective" is replaced with
 39 27 the date on which the chapter became effective, July 4, 1949.
 39 28    Code section 135.83:  In the section relating to the
 39 29 authority of the department of public health to contract with
 39 30 other entities for assistance with analyses, studies, and
 39 31 compilation of data, the reference to Code section 135.77,
 39 32 relating to reports to the governor and legislature by the
 39 33 department, is stricken.  Code section 135.77 was repealed by
 39 34 1997 Iowa Acts, chapter 203, section 18, and there is no
 39 35 replacement section.
 40  1    Code sections 135.83, 135.107(4), 147A.2, 147A.24(1)(i) and
 40  2 (j), and 235C.2(8):  References to the "Iowa hospital
 40  3 association" are changed to refer to the current name of the
 40  4 association, the "association of Iowa hospitals and health
 40  5 systems".
 40  6    Code section 135.105A(3) and (4):  In the section relating
 40  7 to lead inspector and lead abater training and certification,
 40  8 "and managers" is deleted from a provision requiring the
 40  9 department of public health to encourage property owners and
 40 10 managers who are not required to be certified to complete the
 40 11 training course.  Property managers were removed from the
 40 12 provision exempting certain persons from the certification
 40 13 requirements by 1997 Iowa Acts, chapter 159, section 5.  In
 40 14 addition, the provision prohibiting a person from performing
 40 15 lead abatement or inspection unless the person is certified is
 40 16 qualified with "except as otherwise provided in this section".
 40 17 The section allows property owners who are not certified to
 40 18 perform lead abatement and inspection.
 40 19    Code sections 135B.20(4), 135J.2, 155A.13(4)(d), and
 40 20 730.5(3)(f):  References to the "joint commission on
 40 21 accreditation of hospitals" are changed to refer to the
 40 22 current name of the commission, the "joint commission on the
 40 23 accreditation of health care organizations".
 40 24    Code section 169C.4(1)(a) and (b) and (3):  In the new
 40 25 section relating to liability for trespassing of stray
 40 26 livestock, grammatical changes are made to reflect the
 40 27 apparent intent of the section.  In addition, a reference to
 40 28 new Code section 169C.3 is changed to refer to section 169C.2
 40 29 to correspond to the reference described in section 169C.4.
 40 30    Code section 218.99:  In the section requiring state
 40 31 institutions under the department of human services to inform
 40 32 a patient's or resident's county of legal settlement of
 40 33 certain occurrences in regard to the patient's or resident's
 40 34 personal deposit fund, a direction to inform the county's
 40 35 single entry point process is changed to direct such
 41  1 information to the "entity designated to perform the county's
 41  2 single entry point process", to provide the proper reference
 41  3 and agree with another direction to inform in the section.
 41  4    Code sections 232.19(1)(c), 232.195, and 232.196:  In the
 41  5 provisions relating to runaway assessment and counseling
 41  6 centers, the centers were referred to as both "runaway
 41  7 assessment and counseling centers" and "runaway assessment and
 41  8 treatment centers".  The bill changes all references to such
 41  9 centers to "runaway assessment centers" and "assessment
 41 10 centers" to be consistent.
 41 11    Code section 232.54(7):  In the new provision allowing
 41 12 termination of a juvenile court dispositional order regarding
 41 13 a child who has received a youthful offender deferred sentence
 41 14 upon motion of the county attorney prior to the child reaching
 41 15 the age of 18 if the child violates an agreement between the
 41 16 county attorney and the child which was the basis of the
 41 17 waiver of the child to district court, "and the child" is
 41 18 inserted preceding "violates the terms of the agreement" to
 41 19 reflect the apparent intent of the provision.
 41 20    Code section 232.148(5)(b):  In the provision requiring the
 41 21 removal and destruction of fingerprints and photographs of a
 41 22 child taken into custody in certain situations, minor
 41 23 grammatical changes are made to accommodate the addition of a
 41 24 situation by 1997 Iowa Acts, chapter 126, section 33.
 41 25    Code section 232.163(2):  In the section relating to
 41 26 visitation, inspection, or supervision of a child's placement
 41 27 outside the home and in another state pursuant to the
 41 28 interstate compact on the placement of children, a reference
 41 29 to "the placement agency" is changed to "the sending agency"
 41 30 to be consistent with the use of the term throughout the
 41 31 compact.
 41 32    Code section 252B.1(2):  In Code chapter 252B, relating to
 41 33 child support recovery, "child" was defined to include
 41 34 "'dependent children' as defined in section 239B.1".  The
 41 35 reference used to be to "'dependent children' as defined in
 42  1 section 239.1".  Code section 239.1 defined "dependent
 42  2 children", but was repealed by 1997 Iowa Acts, chapter 41,
 42  3 section 29, and replaced by Code section 239B.1, which only
 42  4 defines "child".  Therefore, the reference to "dependent
 42  5 children" in Code section 252B.1 is replaced by a reference to
 42  6 "child".
 42  7    Code sections 255.26 and 255A.13:  References to the "Iowa
 42  8 health data commission" are changed to refer to the "community
 42  9 health management information system".  The health data
 42 10 commission was repealed by its own terms effective July 1,
 42 11 1996, and other such references in the Code were changed to
 42 12 refer to the community health management information system,
 42 13 provided for in Code chapter 144C.  Minor grammatical changes
 42 14 are also made to Code section 255.26 to remove archaic
 42 15 language.
 42 16    Code section 257.14(2):  In the section relating to
 42 17 adjustments for school district budgets, subsection 2 relates
 42 18 to the budget year beginning July 1, 1995, and is therefore
 42 19 obsolete.  The bill strikes the subsection.
 42 20    Code section 260A.1(4):  In the section relating to
 42 21 appropriations for community college vocational-technical
 42 22 technology improvement, a reference to Code section 427A.13 is
 42 23 stricken.  Code section 427A.13, relating to appropriations
 42 24 for the personal property tax replacement fund, was repealed
 42 25 by 1997 Iowa Acts, chapter 158, section 48, effective July 1,
 42 26 1997.
 42 27    Code section 280.17:  In the section relating to schools'
 42 28 procedures for handling child abuse reports, a reference to
 42 29 Code section 232.68, subsection 2, paragraph "a", "b", or "d",
 42 30 is changed to refer to Code section 232.68, subsection 2,
 42 31 paragraph "a", "c", or "e".  Section 232.68 was amended in
 42 32 1993 by inserting new paragraphs in the definition of "child
 42 33 abuse"; however, the reference in section 280.17 was not
 42 34 amended at that time to correspond to the relettered
 42 35 paragraphs.
 43  1    Code section 297.22(3):  An internal reference to
 43  2 subsection 1 is changed to refer to subsections 1 and 2.  The
 43  3 change is necessary because the section was amended in 1997 by
 43  4 amending subsection 1 and dividing subsection 1 into
 43  5 subsections 1 and 2.
 43  6    Code sections 307.25(4), 307.27(7) and (8), 321.20B(1),
 43  7 321A.33, 327C.2, 327D.1, and 805.8(2)(p) and (q):  References
 43  8 to Code chapters 325, 327, and 327A, and to sections within
 43  9 those chapters, are stricken.  Chapters 325, 327, and 327A,
 43 10 relating to certificated carriers, truck operators, and liquid
 43 11 transport carriers, respectively, were repealed by 1997 Iowa
 43 12 Acts, chapter 104, section 60, effective January 1, 1998, and
 43 13 replaced by chapter 325A, relating to motor carrier authority.
 43 14 References which corresponded to provisions in new chapter
 43 15 325A or sections within that chapter are replaced by the
 43 16 appropriate references.  The scheduled fine provisions for
 43 17 violations of sections 325.3, 327.3, 327A.17, in Code section
 43 18 805.8, subsection 2, paragraph "p", and for violations of
 43 19 sections 325.31, 327.19, and 327A.8, in Code section 805.8,
 43 20 subsection 2, paragraph "q", are stricken.  New Code section
 43 21 325A.24 and Code section 805.8, subsection 2, new paragraph
 43 22 "ag", provide for scheduled fines for violations of new Code
 43 23 chapter 325A.
 43 24    Code section 321.44A:  In the section relating to voluntary
 43 25 contributions to the anatomical gift public awareness and
 43 26 transplantation fund, the section is amended to specify the
 43 27 apparent intent of the section that, if an applicant applies
 43 28 to the state department of transportation for a registration
 43 29 or renewal rather than to a county, and the applicant makes a
 43 30 contribution to the fund, 100 percent of the contribution
 43 31 shall be deposited in the fund rather than depositing 5
 43 32 percent of the contribution in the general fund of the county.
 43 33    Code sections 321.71(7) and 537B.2(2):  References to
 43 34 "registered gross vehicle weight rating" are changed to refer
 43 35 to "gross vehicle weight rating" as defined in Code section
 44  1 321.1 and as used throughout Code chapter 321.
 44  2    Code section 321.179(1):  In the section relating to the
 44  3 issuance of motor vehicle licenses by county treasurers,
 44  4 references to "identification devices" are changed to refer to
 44  5 "parking permits" to correspond to identical changes made in
 44  6 1996 Iowa Acts, chapter 1171.
 44  7    Code section 321.216B:  In the section providing that the
 44  8 use of a motor vehicle license or nonoperator's identification
 44  9 card by an underage person to obtain alcohol is a simple
 44 10 misdemeanor, a reference to a copy of an order of adjudication
 44 11 under Code section 232.47 is stricken.  Code section 321.482
 44 12 provides that Code chapter 232 has no application in the
 44 13 prosecution of offenses committed in violation of Code chapter
 44 14 321 which are simple misdemeanors.
 44 15    Code section 321.231(5):  In the section relating to
 44 16 authorized emergency vehicles and police bicycles, language
 44 17 relating to riders of police bicycles is added to the
 44 18 provisions requiring the driver of an emergency vehicle to
 44 19 drive with due regard for the safety of all persons.  It
 44 20 appears that when the section was amended to include police
 44 21 bicycles in 1997 Iowa Acts, chapter 71, section 1, the
 44 22 language in these provisions was not changed to agree with the
 44 23 addition of police bicycles to the section.
 44 24    Code section 321.492:  A reference to a "proof of insurance
 44 25 card" is changed to refer to a "proof of financial liability
 44 26 coverage card".  A "proof of financial liability coverage
 44 27 card" is defined in Code section 321.1 and includes a
 44 28 liability insurance card, a bond insurance card, a security
 44 29 insurance card, and a self-insurance card.  "Proof of
 44 30 insurance card" is not used in any other provision of the
 44 31 Code.
 44 32    Code section 321J.2(3)(a)(3):  In the section relating to
 44 33 operating while under the influence of alcohol or drugs, two
 44 34 internal references to a "violation of subsection 2 or a
 44 35 statute in another state substantially corresponding to
 45  1 subsection 2" are changed to refer to subsection 1.
 45  2 Subsection 1 appears to be the correct reference since
 45  3 subsection 1 sets out the offense of operating while
 45  4 intoxicated and subsection 2 sets out the penalties for that
 45  5 offense.
 45  6    Code section 331.439(3)(b) and (7):  In the section
 45  7 relating to state payments to counties for mental health,
 45  8 mental retardation, and developmental disabilities services
 45  9 expenditures, internal references to counties' expenditure
 45 10 reports required or submitted pursuant to subsection 1,
 45 11 paragraph "b", are changed to refer to paragraph "a", where
 45 12 the reports are required.
 45 13    Code section 400.1:  In the section relating to city civil
 45 14 service commissions, "one year after each regular municipal
 45 15 election" is changed to "one year after a regular municipal
 45 16 election".  The change is necessary to allow the staggered
 45 17 terms provided for in the amendment to the section by 1997
 45 18 Iowa Acts, chapter 162, section 1, to take effect.
 45 19    Code section 403.22(1):  In the section relating to low-
 45 20 income assistance requirements for public improvements related
 45 21 to housing and residential development, a reference to "low
 45 22 and moderate family housing assistance" is changed to "low and
 45 23 moderate income family housing assistance" to correspond to
 45 24 the usage of the term throughout the section.
 45 25    Code section 422.7(12A):  A reference to the "division of
 45 26 job service of the department of employment services" is
 45 27 changed to refer to the "department of workforce development".
 45 28 The department of workforce development replaced the division
 45 29 of job service of the department of employment services in
 45 30 1996 Iowa Acts, chapter 1186.
 45 31    Code section 422.120(1)(a):  In the section providing for a
 45 32 livestock production tax credit, a reference to a refund of
 45 33 the credit "as provided in section 422.121" is changed to
 45 34 refer to Code section 422.122, the actual Code section
 45 35 relating to the refund.
 46  1    Code sections 426B.2(3) and 426B.3(1):  In the sections
 46  2 relating to property tax relief fund distributions, references
 46  3 to the director of revenue and finance are replaced with
 46  4 references to the director of human services.  Code sections
 46  5 426B.1 and 426B.4 were amended by 1997 Iowa Acts, chapter 158,
 46  6 sections 28 and 29, to place the relief fund under the
 46  7 authority of the department of human services rather than the
 46  8 department of revenue and finance.
 46  9    Code sections 452A.52 and 452A.53:  In the sections
 46 10 relating to fuels imported in supply tanks of motor vehicles
 46 11 and permits or licenses for such importation, references to
 46 12 the permits provided for in Code section 452A.53 are expanded
 46 13 to refer to "permits and licenses".  Code section 452A.53 was
 46 14 amended by 1997 Iowa Acts, chapter 108, section 43, to provide
 46 15 for the procurement of permanent international fuel tax
 46 16 agreement licenses in addition to permits.
 46 17    Code section 453A.3(2):  In the section providing penalties
 46 18 for certain cigarette and tobacco sale and use violations,
 46 19 "any civil penalty or fine paid" is changed to read "any civil
 46 20 penalty or criminal fine paid" to specify that both types of
 46 21 fines are to be retained by the city or county enforcing the
 46 22 violation.
 46 23    Code section 455A.11:  In the section relating to
 46 24 preferences in temporary employment by the department of
 46 25 natural resources, a reference to the "green thumb program
 46 26 under section 15.227" is changed by striking the reference to
 46 27 Code section 15.227.  Code section 15.227 was repealed by 1996
 46 28 Iowa Acts, chapter 1186, section 26; however, a green thumb
 46 29 program still exists.
 46 30    Code section 487.909:  In the section relating to the
 46 31 resignation of an agent of a foreign limited partnership for
 46 32 service of process, a reference to filing requirements under
 46 33 Code section 487.206 is changed to refer to Code section
 46 34 487.108.  Code section 487.206 was repealed by 1997 Iowa Acts,
 46 35 chapter 188, section 74, and replaced by Code section 487.108.
 47  1    Code section 490.1110(2)(g):  In the provision exempting
 47  2 corporations in certain circumstances from the prohibition
 47  3 against business combinations with interested shareholders, a
 47  4 reference to the exemptions in "paragraphs 'a' through 'd'" is
 47  5 changed to refer to "paragraph 'a', 'b', 'c', or 'd'" as it is
 47  6 apparent that a corporation would qualify for one of the
 47  7 exemptions rather than all of the exemptions in those
 47  8 paragraphs.
 47  9    Code section 499.22:  In the section relating to capital
 47 10 stock of a cooperative association, a provision allowing
 47 11 voting or nonvoting stock to be issued to a cooperative
 47 12 association is reworded to reflect the intent to allow such
 47 13 issuance as provided in the articles of incorporation of the
 47 14 association issuing the stock.
 47 15    Code section 513B.7(2) and (3):  In the section relating to
 47 16 maintenance of records by a carrier providing small group
 47 17 health coverage, references to the "director" are made more
 47 18 specific by adding "of public health".  Also, a reference to
 47 19 "organized delivery system" is changed to refer to "the
 47 20 director of public health" to agree with the requirement in
 47 21 subsection 2 that records be filed with the commissioner of
 47 22 insurance and the director of public health rather than with
 47 23 the organized delivery system.
 47 24    Code sections 513B.10(4)(b) and 514E.7(4)(b):  In
 47 25 provisions relating to health plan coverage, references to
 47 26 imposition of "any preexisting condition" are changed to refer
 47 27 to "any preexisting condition exclusion" to reflect the
 47 28 apparent intent of the provisions.
 47 29    Code section 514E.1(1):  In the provision defining
 47 30 "association", "Iowa comprehensive health association" is
 47 31 changed to read "Iowa comprehensive health insurance
 47 32 association" to reflect the actual name of the association.
 47 33    Code section 535.11(4):  In the section relating to
 47 34 allowable finance charges on accounts receivable, a reference
 47 35 to section 537.2202, subsections 2 and 3, is changed to refer
 48  1 to subsection 2 of that section due to the strike of former
 48  2 subsection 3 of that section in 1997 Iowa Acts, chapter 187,
 48  3 section 3.
 48  4    Code sections 537.2202(3) and 537.2402(3):  In the sections
 48  5 relating to finance charges for consumer credit sales and
 48  6 consumer loans pursuant to open end credit, similar
 48  7 subsections were stricken from each of these Code sections by
 48  8 1997 Iowa Acts, chapter 187, sections 3 and 5, thereby making
 48  9 the renumbered subsection 3 of each Code section inapplicable.
 48 10 The inapplicable subsections are stricken by this bill.
 48 11    Code section 556.13(3):  In a provision relating to the
 48 12 right of the treasurer of state to obtain a replacement
 48 13 certificate for a certificated security reported to the
 48 14 treasurer as abandoned, a reference to Code section 554.8408
 48 15 is changed to refer to the correct Code section relating to
 48 16 replacement certificates, Code section 554.8405.
 48 17    Code section 602.6110(1):  In the section providing for a
 48 18 peer review court, a reference to "certain youthful offenders"
 48 19 is changed to refer to "certain juvenile offenders".  The
 48 20 reference change is necessary to avoid confusion with the
 48 21 youthful offender program enacted in 1997 Iowa Acts, chapter
 48 22 126.
 48 23    Code section 614.1(2A)(b)(1):  In the section providing for
 48 24 the time periods for limitations of actions, "cause of" is
 48 25 inserted before "action shall be deemed to have accrued".  The
 48 26 change is necessary because causes of action accrue rather
 48 27 than actions.
 48 28    Code section 633.556(3):  In the section relating to
 48 29 appointment of a guardian, an inadvertent reference to
 48 30 "conservator" is changed to refer to "guardian".
 48 31    Code section 642.2(1):  In the section relating to
 48 32 garnishment of a public employer, a reference to "income
 48 33 withholding notices" is made more specific by adding "for
 48 34 child support" to correspond to the reference to Code chapter
 48 35 252D, governing income withholding for child support.
 49  1    Code section 673.3:  In the new section requiring a
 49  2 domesticated animal professional conducting domesticated
 49  3 animal activities on property to post a notice, "domesticated
 49  4 animal may act unpredictably to conditions" is changed to read
 49  5 that the "domesticated animal may react unpredictably to
 49  6 conditions" to be grammatically correct and to agree with the
 49  7 use of "react" in unnumbered paragraph 5.
 49  8    Code section 805.8(2)(c):  In the provisions relating to
 49  9 scheduled fines for traffic violations, a reference to Code
 49 10 section 321.391 is stricken.  Code section 321.391 was
 49 11 repealed by 1997 Iowa Acts, chapter 108, section 49.
 49 12    Code section 805.8(2)(v):  In the provisions relating to
 49 13 scheduled fines for traffic violations, paragraph designations
 49 14 are stricken and corresponding grammatical corrections are
 49 15 made.
 49 16    Code section 805.8(11)(b):  In the provisions relating to
 49 17 scheduled fines for smoking violations, "scheduled fine" is
 49 18 changed to "scheduled criminal fine" in two places to
 49 19 distinguish the criminal fine for failure to pay a civil
 49 20 penalty from the scheduled fines which are civil penalties.
 49 21    Code section 809A.4(2)(b):  A reference to Code section
 49 22 124.401, subsection 3, is changed to refer to subsection 5 of
 49 23 that section.  The change is necessary because when the
 49 24 subsections in Code section 124.401 were renumbered according
 49 25 to a change in that section by 1996 Iowa Acts, chapter 1164,
 49 26 the reference in Code section 809A.4(2)(b) was not changed.
 49 27    Code sections 903A.2 and 903A.7:  In provisions relating to
 49 28 reductions of sentences for good behavior, references to "good
 49 29 time" are changed to refer to the official term for such
 49 30 reductions, "good conduct time".
 49 31    Code section 910.9:  In the section relating to collection
 49 32 of payments for restitution, a reference to "court costs" is
 49 33 changed to include "correctional fees claimed by a sheriff
 49 34 pursuant to section 356.7".  1997 Iowa Acts, chapter 140,
 49 35 sections 2 through 4 added the inclusory language after "court
 50  1 costs" in other provisions but inadvertently omitted the
 50  2 language in Code section 910.9.
 50  3    1997 Iowa Acts, chapter 84, section 6:  In the provision
 50  4 relating to school searches notwithstanding the timing of the
 50  5 notice requirements in section 4 of the Act, "prior to the
 50  6 beginning of school for the school year beginning July 1,
 50  7 1997," is inserted to reflect the apparent intent to make the
 50  8 inspection provision in section 6 temporary until notices of
 50  9 school searches could be given at the beginning of school in
 50 10 1997.
 50 11    1997 Iowa Acts, chapter 130, section 3:  The section
 50 12 amending Code section 904.102, subsection 8, is changed to
 50 13 reflect the correct strike-throughs, which indicate the proper
 50 14 changes to the actual 1997 Code language.
 50 15    1997 Iowa Acts, chapter 137, section 7:  In the section
 50 16 amending Code section 455B.304, subsection 2, an error was
 50 17 made in engrossing the Act.  The words "and dry sludge" are
 50 18 added at the end of Code section 455B.304, subsection 2, to
 50 19 reflect the actual 1997 Code language, which was not amended
 50 20 by 1997 Iowa Acts, chapter 137.
 50 21    1997 Iowa Acts, chapter 175, section 110:  1997 Code
 50 22 language was incorrectly reproduced in the amendment to Code
 50 23 section 252I.1(1)(3)(5) and (8).  Changes are made to correct
 50 24 the Code language.
 50 25    1997 Iowa Acts, chapter 176, sections 32, 33, and 37:  The
 50 26 sections amending Code section 235A.15, subsections 2(b) and
 50 27 (6), as amended by division 1 of the Act, inadvertently left
 50 28 out the word "or" between "investigation" and "assessment".
 50 29 "Or" was included in these provisions as amended in division 1
 50 30 of the Act.  The sections of the Act are changed by inserting
 50 31 "or" in the proper places and striking through the word to
 50 32 reflect the amendments to Code section 235A.15 by both
 50 33 division 1 and division 2 of the Act.  The effective dates for
 50 34 both divisions of the Act remain the same as provided for in
 50 35 the Act, with division 1 being effective July 1, 1997, and
 51  1 division 2 effective July 1, 1998.
 51  2    1997 Iowa Acts, chapter 176, section 39:  This section in
 51  3 division 2 of the Act amends Code section 235A.19, subsection
 51  4 2(a).  Code section 235A.19, subsection 2(a), refers to Code
 51  5 section 232.71A.  However, division 2 of the Act replaces Code
 51  6 section 232.71A with Code section 232.71B, effective July 1,
 51  7 1998.  Therefore, the reference to Code section 232.71A is
 51  8 changed to refer to Code section 232.71B.  
 51  9 LSB 3626SC 77
 51 10 nh/sc/14
     

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