Text: HF00241 Text: HF00243 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 242 1 2 1 3 AN ACT 1 4 RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE 1 5 TO REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, 1 6 DELETE REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY 1 7 LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE 1 8 ONGOING PROVISIONS, OR REMOVE AMBIGUITIES AND PROVIDING 1 9 EFFECTIVE DATES AND FOR RETROACTIVE APPLICABILITY. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 12D.2, subsection 12, Code 1999, is 1 14 amended to read as follows: 1 15 12. Invest moneyswithinfrom the endowment fund and the 1 16 program fund in any investments which are determined by the 1 17 treasurer of state to be appropriate. 1 18 Sec. 2. Section 12D.6, subsection 6, Code 1999, is amended 1 19 to read as follows: 1 20 6. A participant may transfer ownership rights to another 1 21 eligibleparticipantindividual, including a gift of the 1 22 ownership rights to a minor beneficiary. The transfer shall 1 23 be made and the property distributed in accordance with rules 1 24 adopted by the treasurer of state or with the terms of the 1 25 participation agreement. 1 26 Sec. 3. Section 15.241, subsection 1, unnumbered paragraph 1 27 1, Code 1999, is amended to read as follows: 1 28 A "self-employment loan program account" is established 1 29 within the strategic investment fund created in section 15.313 1 30 to provide funding for the self-employment loan programwhich1 31is to be conducted in coordination with the job training1 32partnership program and other programs administered under1 33section 15.108, subsection 6, paragraph "c". The department 1 34 may contract with local community action agencies or other 1 35 local entities in administering the program, and shall work 2 1 with the department of workforce development and the 2 2 department of human services in developing the program. The 2 3 department shall cooperate with the division of vocational 2 4 rehabilitation under the department of education to implement 2 5 a business development initiative for entrepreneurs with 2 6 disabilities. 2 7 Sec. 4. Section 87.11, unnumbered paragraph 6, Code 1999, 2 8 is amended to read as follows: 2 9 Financial statements provided to the commissioner of 2 10 insurance pursuant to this section may be held as 2 11 confidential, proprietary trade secrets, pursuant to section 2 12 22.7, subsection 3, upon the request of the employer, subject 2 13 to rules adopted by the commissioner of insurance, and are not 2 14 subject to disclosure or examination under chapter 22. 2 15 Sec. 5. Section 135C.33, subsection 2, Code 1999, is 2 16 amended to read as follows: 2 17 2. If the department of public safety determines that a 2 18 person has committed a crime or has a record of founded 2 19 dependent adult abuse and is to be employed in a facility 2 20 licensed under this chapter, the department of public safety 2 21 shall notify the licensee that an evaluation will be conducted 2 22 by the department of human services to determine whether 2 23 prohibition of the person's employment is warranted. If a 2 24 department of human services child abuse record check 2 25 determines the person has a record of founded child abuse, the 2 26 department of human services shall inform the licensee that an 2 27 evaluation will be conducted to determine whether prohibition 2 28 of the person's employment is warranted. 2 29 Sec. 6. Section 144.36, subsection 4, Code 1999, is 2 30 amended to read as follows: 2 31 4. The county registrar shall record and forward to the 2 32 state registrar on or before the tenth day of each calendar 2 33 month the original certificates of marriages filed with the 2 34 county registrar during the preceding calendar month and the 2 35 fees collected by the county registrar on behalf of the state 3 1 for applications for a license to marry in accordance with 3 2 section 331.605, subsection76. 3 3 Sec. 7. Section 144.46, Code 1999, is amended to read as 3 4 follows: 3 5 144.46 FEE FOR COPY OF RECORD. 3 6 The department by rule shall establish fees based on the 3 7 average administrative cost which shall be collected by the 3 8 state registrar or the county registrar for each certified 3 9 copy or short form certification of certificates or records, 3 10 or for a search of the files or records when no copy is made, 3 11 or when no record is found on file. Fees collected by the 3 12 state registrar and by the county registrar on behalf of the 3 13 state under this section shall be deposited in the general 3 14 fund of the state. Fees collected by the county registrar 3 15 pursuant to section 331.605, subsection65, shall be 3 16 deposited in the county general fund. A fee shall not be 3 17 collected from a political subdivision or agency of this 3 18 state. 3 19 Sec. 8. Section 147.111, Code 1999, is amended to read as 3 20 follows: 3 21 147.111 REPORT OF TREATMENT OF WOUNDS AND OTHER INJURIES. 3 22 Any person licensed under the provisions of this subtitle 3 23 who shall administer any treatment to any person suffering a 3 24 gunshot or stab wound or other seriousbodilyinjury, as 3 25 defined in section 702.18, which appears to have been received 3 26 in connection with the commission of a criminal offense, or to 3 27 whom an application is made for treatment of any nature 3 28 because of any such gunshot or stab wound or other serious 3 29 injury, as defined in section 702.18, shall at once but not 3 30 later than twelve hours thereafter, report that fact to the 3 31 law enforcement agency within whose jurisdiction the treatment 3 32 was administered or an application therefor was made, or if 3 33 ascertainable, to the law enforcement agency in whose 3 34 jurisdiction the gunshot or stab wound or other seriousbodily3 35 injury occurred, stating the name of such person, the person's 4 1 residence if ascertainable, and giving a brief description of 4 2 the gunshot or stab wound or other seriousbodilyinjury. Any 4 3 provision of law or rule of evidence relative to confidential 4 4 communications is suspended insofar as the provisions of this 4 5 section are concerned. 4 6 Sec. 9. Section 147.112, Code 1999, is amended to read as 4 7 follows: 4 8 147.112 INVESTIGATION AND REPORT BY LAW ENFORCEMENT 4 9 AGENCY. 4 10 The law enforcement agency who has received any report 4 11 required by this chapter and who has any reason to believe 4 12 that the person injured was involved in the commission of any 4 13 crime, either as perpetrator or victim, shall at once commence 4 14 an investigation into the circumstances of the gunshot or stab 4 15 wound or other seriousbodilyinjury and make a report of the 4 16 investigation to the county attorney in whose jurisdiction the 4 17 gunshot or stab wound or other seriousbodilyinjury occurred. 4 18 Law enforcement personnel shall not divulge any information 4 19 received under the provisions of this section and section 4 20 147.111 to any person other than a law enforcing officer, and 4 21 then only in connection with the investigation of the alleged 4 22 commission of a crime. 4 23 Sec. 10. Section 166.6, unnumbered paragraph 1, Code 1999, 4 24 is amended to read as follows: 4 25 An application for a permit to deal in biological products 4 26 shall be accompanied by a separate bond for each place of 4 27 business, with sureties to be approved by the department, in 4 28 the sum ofonefive thousand dollars for each place of 4 29 business, which bond shall be conditioned: 4 30 Sec. 11. Section 200A.3, subsection 4, Code 1999, is 4 31 amended to read as follows: 4 32 4. "Distribute" means to offer for sale, sell, hold out 4 33 for sale, exchange, barter,orsupply, or furnish a bulk dry 4 34 animal nutrient product on a commercial basis. 4 35 Sec. 12. Section 216.15B, subsection 1, Code 1999, is 5 1 amended to read as follows: 5 2 1.For the purposes of this section, "mediator"A mediator 5 3 shall bethe persondesignated in writing by the commission to 5 4 conduct mediation of a complaint filed under this chapter. 5 5 The written designation must specifically refer to this 5 6 section. 5 7 Sec. 13. Section 216A.78, Code 1999, is amended to read as 5 8 follows: 5 9 216A.78 ADMINISTRATOR. 5 10 The commission officers may designate the duties and 5 11 obligations of the position of administrator.Any person so5 12employed may be the employee of another agency of state5 13government appointed with the consent of the executive officer5 14of such agency.Theofficersadministrator may appoint such 5 15 other personnel as may be necessary for the efficient 5 16 performance of the duties prescribed by this part. The 5 17 administrator shall carry out programs and policies as 5 18 determined by the commission. 5 19 Sec. 14. Section 216B.3, subsection 14, Code 1999, is 5 20 amended to read as follows: 5 21 14. In conjunction with the recommendations made by the 5 22 department of natural resources, purchase and use recycled 5 23 printing and writing paper in accordance with the schedule 5 24 established in section 18.18; establish a wastepaper recycling 5 25 program, by January 1, 1990, in accordance with the 5 26 recommendations made by the department of natural resources 5 27 and requirements of section 18.20; and, in accordance with 5 28 section 18.6, require product content statements, the5 29provision of information regarding on-site review of waste5 30management in product bidding and contract procedures,and 5 31 compliance with requirements regarding contract bidding. 5 32 Sec. 15. Section 260C.47, subsection 1, unnumbered 5 33 paragraph 1, Code 1999, is amended to read as follows: 5 34 The state board of education shall establish an 5 35 accreditation process for community college programs by July 6 1 1, 1997. The process shall be jointly developed and agreed 6 2 upon by the department of education and the community 6 3 colleges. The state accreditation process shall be integrated 6 4 with the accreditation process of the north central 6 5 association of colleges and schools, including the evaluation 6 6 cycle, the self-study process, and the criteria for 6 7 evaluation, which shall incorporate the standards for 6 8 community colleges developed under section 260C.48; and shall 6 9 identify and make provision for the needs of the state that 6 10 are not met by the association's accreditation process.If a6 11joint agreement has not been reached by July 1, 1997, the6 12approval process provided under section 260C.4, subsection 4,6 13shall remain the required accreditation process for community6 14colleges.For the academic year commencing July 1, 1998, and 6 15 in succeeding school years, the department of education shall 6 16 use a two-component process for the continued accreditation of 6 17 community college programs. 6 18 Sec. 16. Section 262.9, subsection 6, Code 1999, is 6 19 amended to read as follows: 6 20 6. In conjunction with the recommendations made by the 6 21 department of natural resources, purchase and use recycled 6 22 printing and writing paper, with the exception of specialized 6 23 paper when no recyclable product is available, in accordance 6 24 with the schedule established in section 18.18; establish a 6 25 wastepaper recycling program for all institutions governed by 6 26 the board in accordance with recommendations made by the 6 27 department of natural resources and the requirements of 6 28 section 18.20; shall, in accordance with the requirements of 6 29 section 18.6, require product content statements, the6 30provision of information regarding on-site review of waste6 31management in product bidding and contract procedures,and 6 32 compliance with requirements regarding procurement 6 33 specifications; and shall comply with the requirements for the 6 34 purchase of lubricating oils and industrial oils as 6 35 established pursuant to section 18.22. 7 1 Sec. 17. Section 307.21, subsection 4, paragraph b, 7 2 subparagraph (3), Code 1999, is amended to read as follows: 7 3 (3) Require in accordance with section 18.6 product 7 4 content statements, the provision of information regarding on-7 5site review of waste management in product bidding and7 6contract procedures,and compliance with requirements 7 7 regarding procurement specifications. 7 8 Sec. 18. Section 312.2, subsection 17, Code 1999, is 7 9 amended to read as follows: 7 10 17. The treasurer of state, before making the allotments 7 11 provided for in this section, shall credit monthly from the 7 12 road use tax fund to the motorcycle rider education fund 7 13 established in section321.189, subsection 9321.180B, an 7 14 amount equal to one dollar per year of license validity for 7 15 each issued or renewed driver's license which is valid for the 7 16 operation of a motorcycle. Moneys credited to the motorcycle 7 17 rider education fund under this subsection shall be taken from 7 18 moneys credited to the road use tax fund under section 423.24. 7 19 Sec. 19. Section 321.20B, subsection 4, paragraph c, Code 7 20 1999, is amended to read as follows: 7 21 c. An owner or driver cited for a violation of subsection 7 22 1, who produces to the clerk of court within thirty days of 7 23 the issuance of the citation proof that financial liability 7 24 coverage was in effect for the motor vehicle at the time the 7 25 person was stopped and citedas provided in paragraph "b", 7 26 shall not be convicted of such violation and the citation 7 27 issued shall be dismissed. 7 28 Sec. 20. Section 321.34, subsection 11B, paragraph c, Code 7 29 1999, is amended to read as follows: 7 30 c. The special fee for letter number designated motorcycle 7 31 rider education plates is thirty-five dollars. The fee for 7 32 personalized motorcycle rider education plates is twenty-five 7 33 dollars, which shall be paid in addition to the special 7 34 motorcycle rider education fee of thirty-five dollars. The 7 35 fees collected by the director under this subsection shall be 8 1 paid monthly to the treasurer of state and credited to the 8 2 road use tax fund. Notwithstanding section 423.24, and prior 8 3 to the crediting of revenues to the road use tax fund under 8 4 section 423.24, subsection 1, paragraph "c", the treasurer of 8 5 state shall transfer monthly from those revenues to the 8 6 department for use in accordance with section321.189,8 7subsection 9321.180B, subsection 6, the amount of the special 8 8 fees collected in the previous month for the motorcycle rider 8 9 education plates. 8 10 Sec. 21. Section 321G.4, unnumbered paragraph 2, Code 8 11 1999, is amended to read as follows: 8 12 The owner of the all-terrain vehicle or snowmobile shall 8 13 file an application for registration with the appropriate 8 14 county recorder on forms provided by the commission. The 8 15 application shall be completed and signed by the owner of the 8 16 all-terrain vehicle or snowmobile and shall be accompanied by 8 17 a fee oftwentytwenty-five dollars and a writing fee. An 8 18 all-terrain vehicle or a snowmobile shall not be registered by 8 19 the county recorder until the county recorder is presented 8 20 with receipts, bills of sale, or other satisfactory evidence 8 21 that the sales or use tax has been paid for the purchase of 8 22 the all-terrain vehicle or snowmobile or that the owner is 8 23 exempt from paying the tax. However, an owner of an all- 8 24 terrain vehicle, except an all-terrain vehicle purchased new 8 25 on or after January 1, 1990, may apply for registration 8 26 without proof of sales or use tax paid until one year after 8 27 January 1, 1990. Upon receipt of the application in approved 8 28 form accompanied by the required fees, the county recorder 8 29 shall enter it upon the records and shall issue to the 8 30 applicant a pocket-size registration certificate. The 8 31 certificate shall be executed in triplicate, one copy to be 8 32 delivered to the owner, one copy to the commission, and one 8 33 copy to be retained on file by the county recorder. The 8 34 registration certificate shall bear the number awarded to the 8 35 all-terrain vehicle or snowmobile and the name and address of 9 1 the owner. The registration certificate shall be carried 9 2 either in the all-terrain vehicle or snowmobile or on the 9 3 person of the operator of the machine when in use. The 9 4 operator of an all-terrain vehicle or snowmobile shall exhibit 9 5 the registration certificate to a peace officer upon request, 9 6 to a person injured in an accident involving an all-terrain 9 7 vehicle or snowmobile, or to the owner or operator of another 9 8 all-terrain vehicle or snowmobile or the owner of personal or 9 9 real property when the all-terrain vehicle or snowmobile is 9 10 involved in a collision or accident of any nature with another 9 11 all-terrain vehicle or snowmobile or the property of another 9 12 person or to the property owner or tenant when the all-terrain 9 13 vehicle or snowmobile is being operated on private property 9 14 without permission from the property owner or tenant. 9 15 Sec. 22. Section 322B.3, subsection 5, Code 1999, is 9 16 amended to read as follows: 9 17 5. MOBILE HOME HOOKUPS. A mobile home dealer or an 9 18 employee of a mobile home dealer may perform water, gas, 9 19 electrical, and other utility service connections in a mobile 9 20 home,space, or within ten feet of such space, located in a 9 21 mobile home park, and the dealer or an employee of the dealer 9 22 may install a tie-down system on a mobile home located in a 9 23 mobile home park. The connections are subject to inspection 9 24 and approval by local building code officials and the mobile 9 25 home dealer shall pay the inspection fee, if any. 9 26 Sec. 23. Section 357A.24, subsections 3 and 4, Code 1999, 9 27 are amended to read as follows: 9 28 3. Upon filing the petition, the auditor shall prepare for 9 29 a hearing on the petition by following the same procedures as 9 30 provided in section 357A.3. The notice of the hearing shall 9 31 include all of the following: 9 32 a. The location of the area subject to the petition. 9 33 b. The time and place of the hearing as established by the 9 34board ofsupervisors for the county in which the area to be 9 35 detached is located. 10 1 c. That all owners or tenants of real property within the 10 2 boundaries of the area may appear and be heard. 10 3 4. After the hearing theboard ofsupervisors shall order 10 4 that the area subject to the petition be detached from one 10 5 district and attached to the other district if theboard10 6determinessupervisors determine that all of the following 10 7 have been satisfied: 10 8 a. The petition meets the requirements of this section. 10 9 b. The information included in the petition is accurate. 10 10 c. Notice required in this section has been provided. 10 11 d. The detachment and attachment is in the best interest 10 12 of the residents of the area subject to the petition. 10 13 The order shall be published in the same newspaper which 10 14 published the notice of the hearing. 10 15 Sec. 24. Section 420.207, Code 1999, is amended to read as 10 16 follows: 10 17 420.207 TAXATION IN GENERAL. 10 18 Sections 427.1, 427.3 to 427.11, 428.4, 428.20, 428.22, 10 19 428.23, 436.10, 436.11, 437.1, 437.3,437.14,441.21, 443.1 to 10 20 443.3, 444.2 to 444.5, and 447.9 to 447.13, so far as 10 21 applicable, apply to cities acting under special charters. 10 22 Sec. 25. Section 422.9, subsection 2, paragraph i, Code 10 23 1999, is amended to read as follows: 10 24 i. If the taxpayer has a deduction for medical care 10 25 expenses under section 213 of the Internal Revenue Code, the 10 26 taxpayer shall recompute for the purposes of this subsection 10 27 the amount of the deduction under section 213 by excluding 10 28 from medical care, as defined in section 213, the amount 10 29 subtracted under section 422.7, subsection3229. 10 30 Sec. 26. Section 435.26, subsection 3, Code 1999, is 10 31 amended to read as follows: 10 32 3. When the property is entered on the tax rolls, the 10 33 assessor shall also enter on the tax rolls the title number 10 34 last assigned to the mobile home, modular home,or 10 35 manufactured home and the manufacturer's identification 11 1 number. 11 2 Sec. 27. Section 437A.3, subsection 28, Code 1999, is 11 3 amended to read as follows: 11 4 28. "Transfer replacement tax" means the excise tax 11 5 imposed in a competitive service area of a municipal utility 11 6 which replaces transfers made by the municipal utility in 11 7 accordance with section 384.89. 11 8 Sec. 28. Section 441.21, subsection 2, unnumbered 11 9 paragraph 1, Code 1999, is amended by striking the unnumbered 11 10 paragraph. 11 11 Sec. 29. Section 455B.202, subsection 2, paragraph b, Code 11 12 1999, is amended to read as follows: 11 13 b. A person shall not construct or expand an animal 11 14 feeding operation structure which is part of a confinement 11 15 feeding operation for five years after the date of the last 11 16 violation, committed byathe person or confinement feeding 11 17 operation in which the person holds a controlling interest, 11 18 during which the person or operation was classified as a 11 19 habitual violator. 11 20 Sec. 30. Section 455B.203A, subsection 5, paragraph b, 11 21 subparagraph (2), unnumbered paragraph 1, Code 1999, is 11 22 amended to read as follows: 11 23 The person is acting under the instructions and control of 11 24 a certifiedcommercialconfinement site manure applicator who 11 25 is both of the following: 11 26 Sec. 31. Section 455G.8, subsections 2 and 4, Code 1999, 11 27 are amended to read as follows: 11 28 2. USE TAX. The revenues derived from the use tax imposed 11 29 under chapter 423. The proceeds of the use tax under section 11 30 423.24, subsection 1, paragraph "a", subparagraph (1), shall 11 31 be allocated, consistent with this chapter, among the fund's 11 32 accounts, for debt service and other fund expenses, according 11 33 to the fund budget, resolution, trust agreement, or other 11 34 instrument prepared or entered into by the board or authority 11 35 under direction of the board.The proceeds of the use tax12 1under section 423.24, subsection 1, paragraph "a",12 2subparagraph (2), shall be allocated in accordance with12 3section 455G.21.12 44. INSURANCE PREMIUMS. Insurance premium income as12 5provided by section 455G.11 shall be credited to the insurance12 6fund.12 7 Sec. 32. Section 455G.11, subsection 1, Code 1999, is 12 8 amended to read as follows: 12 9 1. UNDERGROUND STORAGE TANK INSURANCE FUND. 12 10 a. An Iowa underground storage tank insurance fund is 12 11 created as a separate fund in the state treasury on July 1, 12 12 1998, consisting of all moneys held in the insurance account 12 13 of the comprehensive petroleum underground storage tank fund. 12 14 Notwithstanding section 8.33, moneys remaining in the 12 15 underground storage tank insurance fund at the end of each 12 16 fiscal year shall not revert to the general fund but shall 12 17 remain in the underground storage tank insurance fund. 12 18 Notwithstanding section 12C.7, interest or earnings on moneys 12 19 in the underground storage tank insurance fund shall be 12 20 credited to the underground storage tank insurance fund in 12 21 addition to any other income specifically allocated to the 12 22 underground storage tank insurance fund. 12 23 b. Amounts in the underground storage tank insurance fund 12 24 shall not be subject to appropriation for any purpose by the 12 25 general assembly, but shall be used only for the purposes set 12 26 forth in this section. The treasurer of state shall act as 12 27 custodian of the underground storage tank insurance fund and 12 28 disperse moneys contained in it as directed by the board. The 12 29 treasurer of state is authorized to invest the moneys 12 30 deposited in the underground storage tank insurance fund at 12 31 the discretion of the board. The income from such investments 12 32 shall be credited to and deposited in the underground storage 12 33 tank insurance fund. The underground storage tank insurance 12 34 fund shall be administered by the board which shall make 12 35 expenditures from the underground storage tank insurance fund 13 1 consistent with the purposes of the programs provided for in 13 2 this chapter without further appropriation. 13 3 c. No later than July 1, 2004, all moneys in the 13 4 underground storage tank insurance fund shall be transferred 13 5 to the insurance board when restructured as an independent 13 6 nonprofit entity organized to provide an allowable mechanism 13 7 to demonstrate financial responsibility as required in 40 13 8 C.F.R. pts. 280 and 281, owned and operated by insureds, as 13 9 determined by the comprehensive petroleum underground storage 13 10 tank fund board. 13 11 Sec. 33. Section 455G.11, subsection 2, paragraph c, Code 13 12 1999, is amended to read as follows: 13 13 c. Members of the insurance board are entitled to receive 13 14 reimbursement of actual expenses incurred in the discharge of 13 15 their duties within the limits of the moneys appropriated to 13 16 the insurance board or made available to the underground 13 17 storage tank insurance fund. 13 18 Sec. 34. Section 455G.11, subsection 8, unnumbered 13 19 paragraph 1, Code 1999, is amended to read as follows: 13 20 An owner or operator applying for coverage shall pay an 13 21 annually adjusted insurance premium for coverage by the 13 22 insurance fund. Premiums paid shall be credited to and 13 23 deposited in the insurance fund. The board may only approve 13 24 fund coverage through the payment of a premium established on 13 25 an actuarially sound basis. Risk factors shall be taken into 13 26 account in establishing premiums. It is the intent of the 13 27 general assembly that an actuarially sound premium reflect the 13 28 risk to the insurance fund presented by the insured. Risk 13 29 factor adjustments should reflect the range of risk presented 13 30 by the variety of tank systems, monitoring systems, and risk 13 31 management practices in the general insurable tank population. 13 32 Premium adjustments for risk factors should at minimum take 13 33 into account lifetime costs of a tank and monitoring system 13 34 and insurance fund premiums for that tank system so as to 13 35 provide a positive economic incentive to the owner or operator 14 1 to install the more environmentally safe option so as to 14 2 reduce the exposure of the insurance fund to loss. 14 3 Actuarially sound is not limited in its meaning to fund 14 4 premium revenue equaling or exceeding fund expenditures for 14 5 the general tank population. 14 6 Sec. 35. Section 455G.11, subsection 11, paragraphs a and 14 7 b, Code 1999, are amended to read as follows: 14 8 a. Directly through the underground storage tank insurance 14 9 fund with premiums and deductibles as provided in subsection 14 10 10. 14 11 b. In cooperation with a private insurance carrier with 14 12 excess or stop loss coverage provided by the underground 14 13 storage tank insurance fund to reduce the cost of insurance to 14 14 such installers or inspectors, and including such other terms 14 15 and conditions as the board deems necessary and convenient to 14 16 provide adequate coverage for a certified tank installation at 14 17 a reasonable premium. An installer or inspector obtaining 14 18 insurance coverage pursuant to this paragraph, may purchase 14 19 excess coverage of up to five million dollars, subject to the 14 20 terms and conditions as determined by the board. 14 21 Sec. 36. Section 455G.13, subsection 12, Code 1999, is 14 22 amended to read as follows: 14 23 12. RECOVERY OR SUBROGATION – INSTALLERS AND INSPECTORS. 14 24 Notwithstanding any other provision contained in this chapter, 14 25 the board or a person insured under the insurance fund has no 14 26 right of recovery or right of subrogation against an installer 14 27 or an inspector insured by the insurance fund for the tank 14 28 giving rise to the liability other than for recovery of any 14 29 deductibles paid. 14 30 Sec. 37. Section 455G.21, subsection 1, Code 1999, is 14 31 amended to read as follows: 14 32 1. A marketability fund is created as a separate fund in 14 33 the state treasury under the control of the board. The board 14 34 shall administer the marketability fund. Notwithstanding 14 35 section 8.33, moneys remaining in the marketability fund at 15 1 the end of each fiscal year shall not revert to the general 15 2 fund but shall remain in the marketability fund. The 15 3 marketability fund shall includethe following:15 4a. Moneys allocated to the fund pursuant to section15 5423.24, subsection 1, paragraph "a", subparagraph (2).15 6b. Notwithstanding, notwithstanding section 12C.7, 15 7 interest earned by the marketability fund or other income 15 8 specifically allocated to the marketability fund. 15 9 Sec. 38. Section 455G.21, subsection 2, paragraph a, Code 15 10 1999, is amended to read as follows: 15 11 a.Five million dollars per year shall be allocated to the15 12 The innocent landowners fundwhichshall be established as a 15 13 separate fund in the state treasury under the control of the 15 14 board. The innocent landowners fund shallalsoinclude any 15 15 moneys recovered pursuant to cost recovery enforcement under 15 16 section 455G.13. Notwithstanding section 455G.1, subsection 15 17 2, benefits for the costs of corrective action shall be 15 18 provided to the owner of a petroleum-contaminated property, 15 19 who is not otherwise eligible to receive benefits under 15 20 section 455G.9. An owner of a petroleum-contaminated property 15 21 shall be eligible for payment of total corrective action costs 15 22 subject to copayment requirements under section 455G.9, 15 23 subsection 4. The board may adopt rules conditioning receipt 15 24 of benefits under this paragraph to those petroleum- 15 25 contaminated properties which present a higher degree of risk 15 26 to the public health and safety or the environment and may 15 27 adopt rules providing for denial of benefits under this 15 28 paragraph to a person who did not make a good faith attempt to 15 29 comply with the provisions of this chapter. This paragraph 15 30 does not confer a legal right to an owner of petroleum- 15 31 contaminated property for receipt of benefits under this 15 32 paragraph. 15 33 Sec. 39. Section 455H.103, subsection 15, Code 1999, is 15 34 amended by striking the subsection. 15 35 Sec. 40. Section 486A.906, subsection 3, paragraphs b and 16 1 c, Code 1999, are amended to read as follows: 16 2 b. All other obligations of the surviving entity incurred 16 3 before the merger by a party to the merger, but those 16 4 obligations may be satisfied only out of property of the 16 5 surviving entity. 16 6 c. Except as otherwise provided in section 486A.306, all 16 7 obligations of the surviving entity incurred after the merger 16 8 takes effect, but those obligations may be satisfied only out 16 9 of property of the surviving entity if the partner is a 16 10 limited partner. 16 11 Sec. 41. Section 505.8, subsection 2, Code 1999, is 16 12 amended to read as follows: 16 13 2. The commissioner shall, subject to chapter 17A, 16 14 establish, publish, and enforce rules not inconsistent with 16 15 law for the enforcement of this subtitle and for the 16 16 enforcement of the laws, the administration and supervision of 16 17 which are imposed on the division, including rules to 16 18 establish fees sufficient to administer the laws, where 16 19 appropriate fees are not otherwise provided for in rule or 16 20 statute, and as necessary to obtain from persons authorized to16 21do business in the state or regulated by the division that16 22data required by the community health management information16 23system. 16 24 Sec. 42. Section 524.1202, subsection 2, paragraph b, Code 16 25 1999, is amended to read as follows: 16 26 b. For purposes of this subsection, "urban complex" means 16 27 the geographic area bounded by the corporate limits of two or 16 28 more municipal corporations, each of which being contiguous to 16 29 or cornering upon at least one of the other municipal 16 30 corporations within the complex.A state bank located in a16 31municipal corporation or urban complex which is located on a16 32boundary of this state and contiguous to a municipal16 33corporation in another state may have one bank office in16 34addition to the number of bank offices permitted by paragraph16 35"a"; provided that nothingNothing contained in this paragraph 17 1 authorizes a state bank to establish a bank office outside of 17 2 the boundaries of this state. 17 3 Sec. 43. Section 524.1213, subsection 3, unnumbered 17 4 paragraph 1, Code 1999, is amended to read as follows: 17 5 Any two or more state banks, national banks, or state and 17 6 national banks that are located in this state, that are 17 7 affiliates as defined in section 524.1101, and that 17 8 individually have been in existence and operated as banks 17 9 continuously in this state for at least five years, may be 17 10 merged or consolidated into a single state or national bank, 17 11 and the resulting entity shall be a "united community bank". 17 12Subject to subsection 12, theThe resulting united community 17 13 bank of the merger or consolidation: 17 14 Sec. 44. Section 595.2, subsection 4, Code 1999, is 17 15 amended to read as follows: 17 16 4. A marriage license may be issued to a male and a female 17 17 either or both of whom are sixteen or seventeen years of age 17 18 if both of the following apply: 17 19 a. The parents of the underaged party or parties certify 17 20 in writing that they consent to the marriage. If one of the 17 21 parents of any underaged party to a proposed marriage is dead 17 22 or incompetent the certificate may be executed by the other 17 23 parent, if both parents are dead or incompetent the guardian 17 24 of the underaged party may execute the certificate, and if the 17 25 parents are divorced the parent having legal custody may 17 26 execute the certificate and 17 27 b. The certificate of consent of the parents, parent, or 17 28 guardian is approved by a judge of the district court or, if 17 29 both parents of any underaged party to a proposed marriage are 17 30 dead, incompetent, or cannot be located and the party has no 17 31 guardian, the proposed marriage is approved by a judge of the 17 32 district court. A judge shall grant approval under this 17 33 subsection only if the judge finds the underaged party or 17 34 parties capable of assuming the responsibilities of marriage 17 35 and that the marriage will serve the best interest of the 18 1 underaged party or parties. Pregnancy alone does not 18 2 establish that the proposed marriage is in the best interest 18 3 of the underaged party or parties, however, if pregnancy is 18 4 involved the court records which pertain to the fact that the 18 5 female is pregnant shall be sealed and available only to the 18 6 parties to the marriage or proposed marriage or to any 18 7 interested party securing an order of the court. 18 8c.5. If a parent or guardian withholds consent, the judge 18 9 upon application of a party to a proposed marriage shall 18 10 determine if the consent has been unreasonably withheld. If 18 11 the judge so finds, the judge shall proceed to review the 18 12 application under subsection 4, paragraph "b". 18 13 Sec. 45. Section 708.2A, subsection 6, paragraph b, Code 18 14 1999, is amended to read as follows: 18 15 b. A person convicted of violating subsection 4 shall be 18 16 sentenced as provided under section 902.9, subsection 4, 18 17 committed to the custody of the director of the department of 18 18 corrections, and shall be assessed a fine of at least seven 18 19 hundred fifty dollars. The person shall be denied parole or 18 20 work release until the person has served a minimum of one year 18 21 of the person's sentence. Notwithstanding section 901.5, 18 22subsectionsubsections 1, 3, and 5, and section 907.3, 18 23subsection 3, the person cannot receive a suspended or 18 24 deferred sentence or a deferred judgment; however, the person 18 25 sentenced shall receive credit for any time the person was 18 26 confined in a jail or detention facility following arrest. 18 27 Sec. 46. Section 904.108, subsection 1, paragraph d, Code 18 28 1999, is amended to read as follows: 18 29 d. Establish and maintain acceptable standards of 18 30 treatment, training, education, and rehabilitation in the 18 31 various state penal and corrective institutions which shall 18 32 include habilitative services and treatment for offenders with 18 33 mental retardation. For the purposes of this paragraph, 18 34 "habilitative services and treatment" means medical, mental 18 35 health, social, educational, counseling, and other services 19 1 which will assist a person with mental retardation to become 19 2 self-reliant. However, the director may also provide 19 3 rehabilitative treatment and services to other persons who 19 4 require the services. The director shall identify all 19 5 individuals entering the correctional system who are persons 19 6 with mental retardation, as defined in section 222.2, 19 7 subsection 4. Identification shall be made by a qualified 19 8 professional in the area of mental retardation. In assigning 19 9 an offender with mental retardation, or an offender with an 19 10 inadequately developed intelligence or with impaired mental 19 11 abilities, to a correctional facility, the director shall 19 12 consider both the program needs and the security needs of the 19 13 offender. The director shall consult with the department of 19 14 human services in providing habilitative services and 19 15 treatment to offenders with mental illness or mental 19 16 retardation. The director may enter into agreements with the 19 17 department of human services to utilize mental health 19 18 institutions and share staff and resources for purposes of 19 19 providing habilitative services and treatmentservices, as 19 20 well as providing other special needs programming. Any 19 21 agreement to utilize mental health institutions and to share 19 22 staff and resources shall provide that the costs of the 19 23 habilitative services and treatmentservicesshall be paid 19 24 from state funds. Not later than twenty days prior to 19 25 entering into any agreement to utilize mental health 19 26 institution staff and resources, other than the use of a 19 27 building or facility, for purposes of providing habilitative 19 28 services and treatmentservices, as well as other special 19 29 needs programming, the directors of the departments of 19 30 corrections and human services shall each notify the 19 31 chairpersons and ranking members of the joint appropriations 19 32 subcommittees that last handled the appropriation for their 19 33 respective departments of the pending agreement. Use of a 19 34 building or facility shall require approval of the general 19 35 assembly if the general assembly is in session or, if the 20 1 general assembly is not in session, the legislative council 20 2 may grant temporary authority, which shall be subject to final 20 3 approval of the general assembly during the next succeeding 20 4 legislative session. 20 5 Sec. 47. Section 915.10, subsection 3, Code 1999, is 20 6 amended to read as follows: 20 7 3. "Victim" means a person who has suffered physical, 20 8 emotional, or financial harm as the result of a public offense 20 9 or a delinquent act, other than a simple misdemeanor, 20 10 committed in this state. "Victim" also includes the immediate 20 11 family members of a victim who died or was rendered 20 12 incompetent as a result of the offense or who was under 20 13 eighteen years of age at the time of the offense. 20 14 Sec. 48. Section 915.41, Code 1999, is amended to read as 20 15 follows: 20 16 915.41 MEDICAL EXAMINATION COSTS. 20 17 The cost of a medical examination of a victim for the 20 18 purpose of gathering evidence and the cost of treatment of a 20 19 victim for the purpose of preventing venereal disease shall be 20 20 paid from the fund established in section 915.94. 20 21 Sec. 49. Section 915.42, subsection 4, paragraph a, Code 20 22 1999, is amended to read as follows: 20 23 a. Prior to the scheduling of a hearing, refer the victim 20 24 for counseling by a victim counselor or a person requested by 20 25 the victim who is authorized to provide the counseling 20 26 required pursuant to section 141.22, regarding the nature, 20 27 reliability, and significance of the HIV-related test and of 20 28 the serologic status of the convicted or alleged offender. 20 29 Sec. 50. Section 915.42, subsection 6, paragraph b, Code 20 30 1999, is amended to read as follows: 20 31 b. An authorized representative of the petitioner or 20 32 victim, the county attorney, or the court sought to obtain 20 33 written informed consent from the convicted or alleged 20 34 offender. 20 35 Sec. 51. Section 915.43, subsection 11, Code 1999, is 21 1 amended to read as follows: 21 2 11. Notwithstanding the provisions of this subchapter 21 3 requiring initial testing, if a petition is filed with the 21 4 court under section 915.42 requesting an order for testing and 21 5 the order is granted, and if a test has previously been 21 6 performed on the convicted or alleged offender while under the 21 7 control of the department of corrections, the test results 21 8 shall be provided in lieu of the performance of an initial 21 9 test of the convicted or alleged offender, in accordance with 21 10 this subchapter. 21 11 Sec. 52. Section 915.50, subsection 2, Code 1999, is 21 12 amended to read as follows: 21 13 2. The right, pursuant to section 236.12, for law 21 14 enforcement to remain on the scene, to assist the victim in 21 15 leaving the scene, totransportassist the victim in obtaining 21 16 transportation to medical care, and to provide the person with 21 17 a written statement of victim rights and information about 21 18 domestic abuse shelters, support services, and crisis lines. 21 19 Sec. 53. Section 915.100, subsection 2, paragraph h, Code 21 20 1999, is amended to read as follows: 21 21 h. If a convicted felonattempts toor the representative 21 22 of a convicted felon receives or is owed any profitfromwhich 21 23 is realized as a result of the commission of the crime, and 21 24 the attorney general brings an action to recover such profits, 21 25 the victim may be entitled to funds held in escrow, pursuant 21 26 to the provisions of section 910.15. 21 27 Sec. 54. Sections 236A.1, 307.38, 428.9, 428.11, 428.13, 21 28 428.14, 428.15, 428.34, 428.36, 441.30, 455H.501, 455H.502, 21 29 and 505.20, Code 1999, are repealed. 21 30 Sec. 55. Chapter 7G, Code 1999, is repealed. 21 31 Sec. 56. 1998 Iowa Acts, chapter 1138, section 35, is 21 32 amended to read as follows: 21 33 SEC. 35. EFFECTIVE DATES. Division VI of this Act takes 21 34 effectupon enactment orApril 16, 1998, whichever is later. 21 35 Sec. 57. 1998 Iowa Acts, chapter 1209, section 28, is 22 1 amended to read as follows: 22 2 SEC. 28. Section445B.201455B.201, subsection 4, Code 22 3 1997, is amended by striking the subsection. 22 4 Sec. 58. 1998 Iowa Acts, chapter 1209, section 53, is 22 5 amended to read as follows: 22 6 SEC. 53. EFFECTIVE DATES. 22 7 1. Sections 9, 10, 14, 27, 29, 38, 39, 40 through 43, 48, 22 8 49, and this section, being deemed of immediate importance, 22 9 take effect upon enactment. 22 10 2. Sections 11, 13, 15, 16, 18 through 21, 23, 26, 30, 31, 22 11 and 33 through 35 take effect on January 1, 1999. 22 12 3. In section 455B.162, subsections 1, 1A, and 1C, as 22 13 enacted by sections 15 and 16 of this Act, and in section 22 14 455B.163, as amended by section 18 of this Act, and in section 22 15 657.11, subsection 7, as enacted by section 38 of this Act, 22 16 the words "the effective date of this section" shall mean the 22 17 effective date of the section of this Act in which the 22 18 enactments or amendments are made as specified in subsections 22 19 1 and 2 of this section of this Act. 22 20 Sec. 59. EFFECTIVE DATES – RETROACTIVE APPLICABILITY. 22 21 1. Sections 56, 57, and 58 of this Act, being deemed of 22 22 immediate importance, take effect upon enactment. 22 23 2. Section 56 of this Act applies retroactively to April 22 24 16, 1998. 22 25 3. Section 57 of this Act applies retroactively to July 1, 22 26 1998. 22 27 4. Section 58 of this Act applies retroactively to May 21, 22 28 1998. 22 29 22 30 22 31 22 32 RON J. CORBETT 22 33 Speaker of the House 22 34 22 35 23 1 23 2 MARY E. KRAMER 23 3 President of the Senate 23 4 23 5 I hereby certify that this bill originated in the House and 23 6 is known as House File 242, Seventy-eighth General Assembly. 23 7 23 8 23 9 23 10 ELIZABETH ISAACSON 23 11 Chief Clerk of the House 23 12 Approved , 1999 23 13 23 14 23 15 23 16 THOMAS J. VILSACK 23 17 Governor
Text: HF00241 Text: HF00243 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00200/HF00242/990420.html
jhf