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House File 782

Partial Bill History

Bill Text

PAG LIN
  1  1 
  1  2                                           HOUSE FILE 782
  1  3 
  1  4                             AN ACT
  1  5 RELATING TO PUBLIC EXPENDITURE AND REGULATORY MATTERS,
  1  6    MAKING APPROPRIATIONS, AND PROVIDING EFFECTIVE DATES.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10                           DIVISION I
  1 11                     MH/MR/DD ALLOWED GROWTH
  1 12    Section 1.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
  1 13 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT
  1 14 AND ALLOCATIONS.  There is appropriated from the general fund
  1 15 of the state to the department of human services for the
  1 16 fiscal year beginning July 1, 2000, and ending June 30, 2001,
  1 17 the following amount, or so much thereof as is necessary, to
  1 18 be used for the purpose designated:
  1 19    For distribution to counties of the county mental health,
  1 20 mental retardation, and developmental disabilities allowed
  1 21 growth factor adjustment, in accordance with section 331.438,
  1 22 subsection 2, and section 331.439, subsection 3, and chapter
  1 23 426B:  
  1 24 .................................................. $ 21,773,602
  1 25    The funding appropriated in this section is the allowed
  1 26 growth factor adjustment of 1.57 percent for fiscal year 2000-
  1 27 2001, and is allocated as follows:
  1 28    1.  For distribution to counties for fiscal year 2000-2001
  1 29 in accordance with the formula in section 331.438, subsection
  1 30 2, paragraph "b":  
  1 31 .................................................. $ 12,000,000
  1 32    2.  For deposit in the per capita expenditure target pool
  1 33 created in the property tax relief fund pursuant to section
  1 34 426B.5, subsection 1:  
  1 35 .................................................. $  5,773,602
  2  1    3.  For deposit in the incentive and efficiency pool
  2  2 created in the property tax relief fund pursuant to section
  2  3 426B.5, subsection 2:  
  2  4 .................................................. $  2,000,000
  2  5    4.  For deposit in the risk pool created in the property
  2  6 tax relief fund pursuant to section 426B.5, subsection 3:  
  2  7 .................................................. $  2,000,000
  2  8                           DIVISION II
  2  9                        LOTTERY PROCEEDS
  2 10    Sec. 2.  Section 99E.10, subsection 1, unnumbered paragraph
  2 11 3, Code 1999, is amended to read as follows:
  2 12    The committing the lottery to environment, agriculture, and
  2 13 natural resources fund, also to be known as the CLEAN fund, is
  2 14 created in the office of the treasurer of state.  Lottery
  2 15 revenue remaining after expenses are determined shall be
  2 16 transferred to the CLEAN general fund of the state on a
  2 17 monthly basis.  Revenues generated during the last month of
  2 18 the fiscal year which are transferred to the CLEAN fund during
  2 19 the following fiscal year shall be considered revenues
  2 20 transferred during the previous fiscal year for purposes of
  2 21 the allotments made to and appropriations made from the
  2 22 separate accounts in the CLEAN fund for that previous fiscal
  2 23 year.  However, upon the request of the director and subject
  2 24 to approval by the treasurer of state, an amount sufficient to
  2 25 cover the foreseeable administrative expenses of the lottery
  2 26 for a period of twenty-one days may be retained from the
  2 27 lottery revenue.  Prior to the monthly transfer to the CLEAN
  2 28 general fund of the state, the director may direct that
  2 29 lottery revenue shall be deposited in the lottery fund and in
  2 30 interest-bearing accounts designated by the treasurer of state
  2 31 in the financial institutions of this state or invested in the
  2 32 manner provided in section 12B.10.  Interest or earnings paid
  2 33 on the deposits or investments is considered lottery revenue
  2 34 and shall be transferred to the CLEAN general fund of the
  2 35 state in the same manner as other lottery revenue.  Money in
  3  1 the CLEAN fund shall be deposited in interest-bearing accounts
  3  2 in financial institutions in this state or invested in the
  3  3 manner provided in section 12B.10.  The interest or earnings
  3  4 on the deposits or investments shall be considered part of the
  3  5 CLEAN fund and shall be retained in the fund unless
  3  6 appropriated by the general assembly.
  3  7    Sec. 3.  Section 99E.10, subsection 2, Code 1999, is
  3  8 amended to read as follows:
  3  9    2.  The director of management shall not include lottery
  3 10 revenues in the director's fiscal year revenue estimates.
  3 11 Moneys in the CLEAN fund shall not be considered a part of the
  3 12 Iowa economic emergency fund.
  3 13    Sec. 4.  Section 99E.20, subsection 2, Code 1999, is
  3 14 amended to read as follows:
  3 15    2.  A lottery fund is created in the office of the
  3 16 treasurer of state.  The fund consists of all revenues
  3 17 received from the sale of lottery tickets or shares and all
  3 18 other moneys lawfully credited or transferred to the fund.
  3 19 The commissioner shall certify monthly that portion of the
  3 20 fund that is transferred to the CLEAN general fund of the
  3 21 state under section 99E.10 and shall cause that portion to be
  3 22 transferred to the CLEAN general fund of the state.  The
  3 23 commissioner shall certify before the twentieth of each month
  3 24 that portion of the lottery fund resulting from the previous
  3 25 month's sales to be transferred to the CLEAN general fund of
  3 26 the state.
  3 27    Sec. 5.  Section 99E.34, Code 1999, is repealed.  
  3 28                          DIVISION III
  3 29                     STATE MEDICAL EXAMINER
  3 30    Sec. 6.  Section 691.5, Code 1999, is amended to read as
  3 31 follows:
  3 32    691.5  STATE MEDICAL EXAMINER.
  3 33    The office and position of state medical examiner is
  3 34 created under the control, direction, and supervision of the
  3 35 commissioner of public safety.  The commissioner of public
  4  1 safety may assign the office of the state medical examiner to
  4  2 a division or bureau within the public safety department
  4  3 established for administrative purposes within the Iowa
  4  4 department of public health.  Other state agencies shall
  4  5 cooperate with the state medical examiner in the use of state-
  4  6 owned facilities when appropriate for the performance of
  4  7 nonadministrative duties of the state medical examiner.  The
  4  8 state medical examiner shall be a physician and surgeon or
  4  9 osteopathic physician and surgeon, be licensed to practice
  4 10 medicine in the state of Iowa, and possess special knowledge
  4 11 in be board certified or eligible to be board certified in
  4 12 anatomic and forensic pathology by the American board of
  4 13 pathology.  The state medical examiner shall be appointed by
  4 14 and serve at the pleasure of the commissioner of public safety
  4 15 director of public health upon the advice of and in
  4 16 consultation with the director of public safety and the
  4 17 governor.  The state medical examiner, in consultation with
  4 18 the director of public health, shall be responsible for
  4 19 developing and administering the medical examiner's budget and
  4 20 for employment of medical examiner staff and assistants.  The
  4 21 state medical examiner may be a faculty member of the college
  4 22 of medicine or the college of law at the University of Iowa,
  4 23 and any of the examiner's assistants or staff may be members
  4 24 of the faculty or staff of the college of medicine or the
  4 25 college of law at the University of Iowa.
  4 26    Sec. 7.  Section 691.6, subsection 3, Code 1999, is amended
  4 27 to read as follows:
  4 28    3.  To adopt rules pursuant to chapter 17A, and subject to
  4 29 the approval of the commissioner of public safety director of
  4 30 public health, with the advice and approval of the state
  4 31 medical examiner advisory council, regarding the manner and
  4 32 techniques to be employed while conducting autopsies; the
  4 33 nature, character, and extent of investigations to be made in
  4 34 cases of homicide or suspected homicide necessary to allow a
  4 35 medical examiner to render a full and complete analysis and
  5  1 report; the format and matters to be contained in all reports
  5  2 rendered by medical examiners; and all other things necessary
  5  3 to carry out this section.  All county medical examiners and
  5  4 peace officers are subject to the rules.
  5  5    Sec. 8.  NEW SECTION.  691.6A  DEPUTY STATE MEDICAL
  5  6 EXAMINER – CREATION AND DUTIES.
  5  7    The position of deputy state medical examiner is created
  5  8 within the office of the state medical examiner.  The deputy
  5  9 state medical examiner shall report to and be responsible to
  5 10 the state medical examiner.  The deputy state medical examiner
  5 11 shall meet the qualification criteria established in section
  5 12 691.5 for the state medical examiner and shall be subject to
  5 13 rules adopted by the state medical examiner as provided in
  5 14 section 691.6, subsection 3.  The state medical examiner and
  5 15 the deputy state medical examiner shall function as a team,
  5 16 providing peer review as necessary, fulfilling each other's
  5 17 job responsibilities during times of absence, and working
  5 18 jointly to provide services and education to county medical
  5 19 examiners, law enforcement officials, hospital pathologists,
  5 20 and other individuals and entities.  The deputy medical
  5 21 examiner may be, but is not required to be, a full-time
  5 22 salaried faculty member of the department of pathology of the
  5 23 college of medicine at the university of Iowa.  If the medical
  5 24 examiner is a full-time salaried faculty member of the
  5 25 department of pathology of the college of medicine at the
  5 26 university of Iowa, the Iowa department of public health and
  5 27 the state board of regents shall enter into a chapter 28E
  5 28 agreement to define the activities and functions of the deputy
  5 29 medical examiner, and to allocate deputy medical examiner
  5 30 costs, consistent with the requirements of this section.
  5 31    Sec. 9.  NEW SECTION.  691.6B  INTERAGENCY COORDINATING
  5 32 COUNCIL.
  5 33    An interagency coordinating council is created to advise
  5 34 the state medical examiner concerning the assurance of
  5 35 effective coordination of the functions and operations of the
  6  1 office of the state medical examiner with the needs and
  6  2 interests of the departments of public safety and public
  6  3 health.  Members of the interagency coordinating council shall
  6  4 include the state medical examiner, or when the state medical
  6  5 examiner is not available, the deputy state medical examiner;
  6  6 the commissioner of public safety or the commissioner's
  6  7 designee; the director of public health or the director's
  6  8 designee; and the governor or the governor's designee.  The
  6  9 interagency coordinating council shall meet on a regular
  6 10 basis.
  6 11    Sec. 10.  NEW SECTION.  691.6C  STATE MEDICAL EXAMINER
  6 12 ADVISORY COUNCIL.
  6 13    A state medical examiner advisory council is established to
  6 14 advise and consult with the state medical examiner on a range
  6 15 of issues affecting the organization and functions of the
  6 16 office of the state medical examiner and the effectiveness of
  6 17 the medical examiner system in the state.  Membership of the
  6 18 state medical examiner advisory council shall be determined by
  6 19 the state medical examiner, in consultation with the director
  6 20 of public health, and shall include, but not necessarily be
  6 21 limited to, representatives from the office of the attorney
  6 22 general, the Iowa county attorneys association, the Iowa
  6 23 medical society, the Iowa association of pathologists, the
  6 24 Iowa association of county medical examiners, the departments
  6 25 of public safety and public health, the statewide emergency
  6 26 medical system, and the Iowa funeral directors association.
  6 27 The advisory council shall meet on a quarterly or more
  6 28 frequent basis, and shall be organized and function as
  6 29 established by the state medical examiner by rule.
  6 30    Sec. 11.  Section 691.7, Code 1999, is amended to read as
  6 31 follows:
  6 32    691.7  COMMISSIONER TO ACCEPT FEDERAL OR PRIVATE GRANTS.
  6 33    The commissioner of public safety may accept federal or
  6 34 private funds or grants to aid in the establishment or
  6 35 operation of the state criminalistics laboratory, and the
  7  1 commissioner of public safety director of public health or the
  7  2 state board of regents may accept federal or private funds or
  7  3 grants to aid in the establishment or operation of the
  7  4 position of state medical examiner.
  7  5    Sec. 12.  STATE MEDICAL EXAMINER SYSTEM STUDY AND REPORT.
  7  6 The state medical examiner, in consultation with the state
  7  7 medical examiner advisory council, shall conduct a study
  7  8 regarding the organization, needs, and operations of a
  7  9 statewide medical examiners system.  The study shall consider
  7 10 the findings and recommendations of the 1998 consultants'
  7 11 report of the national association of medical examiners
  7 12 submitted to the commissioner of public safety, and shall
  7 13 gather and analyze such additional information as the state
  7 14 medical examiner and the advisory council determine necessary.
  7 15 The state medical examiner shall make a report of the study's
  7 16 recommendations to the governor and the general assembly by
  7 17 January 1, 2000.  The report shall take into account the
  7 18 public health, criminalistic, educational, and advisory
  7 19 purposes of the office of the state medical examiner; the
  7 20 relationship of the office to and effective utilization by the
  7 21 office of existing state, county, and community resources;
  7 22 future facility needs for performing autopsies; support for
  7 23 forensic activities throughout the state; transportation costs
  7 24 to conduct autopsies and to perform other forensic pathology
  7 25 activities; and any other factors identified by the state
  7 26 medical examiner and the advisory council impacting a quality
  7 27 statewide medical examiners system.
  7 28    Sec. 13.  APPROPRIATIONS FOR STATE MEDICAL EXAMINER.  Funds
  7 29 appropriated by the general assembly to the department of
  7 30 public safety for the position of state medical examiner, and
  7 31 for the state medical examiner's office, for the fiscal year
  7 32 beginning July 1, 1998, and ending June 30, 1999, which remain
  7 33 unobligated shall be transferred to the Iowa department of
  7 34 public health on the effective date of this division of this
  7 35 Act.  Funds appropriated by the general assembly for the
  8  1 position of state medical examiner, and for the state medical
  8  2 examiner's office, for the fiscal year beginning July 1, 1999,
  8  3 and ending June 30, 2000, are appropriated to the Iowa
  8  4 department of public health in lieu of the original entity
  8  5 designated in the appropriation.
  8  6    Sec. 14.  EFFECTIVE DATE.  This division of this Act, being
  8  7 deemed of immediate importance, takes effect upon enactment.  
  8  8                           DIVISION IV
  8  9                      FISCAL YEAR 1999-2000
  8 10              APPROPRIATIONS AND RELATED PROVISIONS
  8 11    Sec. 15.  Section 8.8, Code 1999, is amended to read as
  8 12 follows:
  8 13    8.8  SPECIAL OLYMPICS FUND – APPROPRIATION.
  8 14    A special olympics fund is created in the office of the
  8 15 treasurer of state under the control of the department of
  8 16 management.  There is appropriated annually from the general
  8 17 fund of the state to the special olympics fund twenty thirty
  8 18 thousand dollars for distribution to one or more organizations
  8 19 which administer special olympics programs benefiting the
  8 20 citizens of Iowa with disabilities.
  8 21    Sec. 16.  Section 8.63, subsection 4, Code 1999, is amended
  8 22 to read as follows:
  8 23    4.  a.  In order for the innovations fund to be self-
  8 24 supporting, the innovations fund committee shall establish
  8 25 repayment schedules for each innovation fund loan awarded.
  8 26 Agencies shall repay the funds over a period not to exceed
  8 27 five years with interest, at a rate to be determined by the
  8 28 innovations fund committee.
  8 29    b.  If the department of management and the department of
  8 30 revenue and finance certify that the savings from a proposed
  8 31 innovations fund project will result in a net increase in the
  8 32 balance of the general fund of the state without a
  8 33 corresponding cost savings to the requesting agency, and if
  8 34 the requesting agency meets all other eligibility
  8 35 requirements, the innovations fund committee may approve the
  9  1 loan for the project and not require repayment by the
  9  2 requesting agency.  There is appropriated from the general
  9  3 fund of the state to the department of revenue and finance an
  9  4 amount sufficient to repay the loan amount.
  9  5    Sec. 17.  Section 437A.23, Code 1999, is amended to read as
  9  6 follows:
  9  7    437A.23  DEPOSIT OF TAX PROCEEDS.
  9  8    All revenues received from imposition of the statewide
  9  9 property tax shall be deposited in the general fund of the
  9 10 state.  Fifty percent of the revenues shall be available, as
  9 11 appropriated by the general assembly, to the department of
  9 12 management for salaries, support, services, and equipment to
  9 13 administer the replacement tax.  The balance of the revenues
  9 14 shall be available, as appropriated by the general assembly,
  9 15 to the department of revenue and finance for salaries,
  9 16 support, services, and equipment to administer and enforce the
  9 17 replacement tax and the statewide property tax.
  9 18    Sec. 18.  STATEWIDE PROPERTY TAX ADMINISTRATION.  There is
  9 19 appropriated from the general fund of the state from revenues
  9 20 received from the imposition of the statewide property tax
  9 21 pursuant to chapter 437A to the following departments for the
  9 22 fiscal year beginning July 1, 1999, and ending June 30, 2000,
  9 23 the following amounts, or so much thereof as is necessary, to
  9 24 be used for the following designated purposes:
  9 25    1.  To the department of management for salaries, support,
  9 26 services, and equipment to administer the replacement tax
  9 27 pursuant to chapter 437A and for not more than the following
  9 28 full-time equivalent position:  
  9 29 .................................................. $     75,000
  9 30 ............................................... FTEs       1.00
  9 31    2.  To the department of revenue and finance for salaries,
  9 32 support, services, and equipment to administer and enforce the
  9 33 replacement tax and the statewide property tax pursuant to
  9 34 chapter 437A:  
  9 35 .................................................. $     75,000
 10  1    Sec. 19.  INSTITUTE FOR DECISION MAKING FULL-TIME
 10  2 EQUIVALENT POSITIONS.  The number of full-time equivalent
 10  3 positions authorized for the institute for decision making at
 10  4 the university of northern Iowa for the fiscal year beginning
 10  5 July 1, 1999, in 1999 House File 745, if enacted, is increased
 10  6 by 1 FTE.
 10  7    Sec. 20.  IOWA LAW ENFORCEMENT ACADEMY.  There is
 10  8 appropriated from the general fund of the state to the Iowa
 10  9 law enforcement academy for the fiscal year beginning July 1,
 10 10 1999, and ending June 30, 2000, the following amount, or so
 10 11 much thereof as is necessary, to be used for the purposes
 10 12 designated:
 10 13    For salaries, support, maintenance, and miscellaneous
 10 14 purposes to provide statewide coordination of the drug abuse
 10 15 resistance education (D.A.R.E.) program:  
 10 16 .................................................. $     80,000
 10 17                           DIVISION V
 10 18                      FISCAL YEAR 1998-1999
 10 19                         APPROPRIATIONS
 10 20    Sec. 21.  INTERNATIONAL TRADE OPERATIONS.  Notwithstanding
 10 21 section 8.33 and section 8.57, subsection 5, paragraph "c",
 10 22 unencumbered or unobligated moneys remaining on June 30, 1999,
 10 23 from the appropriation made in 1997 Acts, chapter 215, section
 10 24 7, subsection 1, paragraph "c", are appropriated to the
 10 25 department of economic development for the fiscal year
 10 26 beginning July 1, 1999, and ending June 30, 2000, for
 10 27 international trade operations, including but not limited to
 10 28 travel expenses for designated state officials.
 10 29    Sec. 22.  REENGINEERING PROJECTS.  Notwithstanding section
 10 30 8.33, moneys appropriated in 1997 Iowa Acts, chapter 210,
 10 31 section 8, subsection 2, that remain unencumbered or
 10 32 unobligated at the close of the fiscal year shall not revert
 10 33 but shall remain available for expenditure as determined by
 10 34 the department of management for the purposes designated until
 10 35 the close of the succeeding fiscal year.
 11  1    Sec. 23.  EXTENDED SCHOOL YEAR GRANT REALLOCATION FOR A
 11  2 SCHOOL VIOLENCE CRISIS INTERVENTION TASK FORCE.
 11  3 Notwithstanding section 8.33 and section 256.22, subsection 4,
 11  4 and in addition to the provisions of 1999 Iowa Acts, Senate
 11  5 File 464, section 10, if enacted, from the funds appropriated
 11  6 in 1998 Iowa Acts, chapter 1216, section 1, subsection 1, to
 11  7 the department of education for extended school year grants,
 11  8 which remain unencumbered or unobligated on June 30, 1999, the
 11  9 following amounts shall not revert to the general fund of the
 11 10 state and shall not be available for expenditure for the
 11 11 following fiscal year for purposes of extended school year
 11 12 grants, but shall be reallocated by the department of
 11 13 education as follows:
 11 14    1.  For purposes of the school violence crisis intervention
 11 15 task force established pursuant to this subsection:  
 11 16 .................................................. $     50,000
 11 17    The director of education shall collaborate with the
 11 18 commissioner of public safety and the attorney general to
 11 19 appoint members to and organize a school violence crisis
 11 20 intervention task force to review the preparedness of public
 11 21 school districts to react to or prevent violent crisis
 11 22 situations.  The director, in consultation with the
 11 23 commissioner and the attorney general, shall invite
 11 24 participation on the task force from other appropriate
 11 25 agencies, associations, and law enforcement officials.  The
 11 26 task force shall develop guidelines that can be utilized by
 11 27 school districts to raise their level of awareness and
 11 28 preparedness to respond to violent crisis situations.  The
 11 29 task force shall provide its recommendations in a report to
 11 30 the general assembly by December 1, 1999.
 11 31    2.  For a contract to purchase internet connectivity from
 11 32 an internet service provider which provides internet filter
 11 33 services for school districts who wish to receive such
 11 34 services:  
 11 35 .................................................. $     50,000
 12  1    The department of education shall work with the boards of
 12  2 directors of school districts and area education agencies in
 12  3 establishing service requirements and selecting an internet
 12  4 service provider to provide internet filter services through
 12  5 servers located at the area education agencies.  The goal of
 12  6 providing a filtering service to a school district is to
 12  7 protect students from inappropriate internet websites and to
 12  8 promote the use of the internet for educational purposes.
 12  9 School districts that wish to receive filtering services shall
 12 10 assume the ongoing costs of the services.
 12 11    Sec. 24.  DEPARTMENT OF EDUCATION – GEOGRAPHY ALLIANCE.
 12 12 There is appropriated from the general fund of the state to
 12 13 the department of education for the fiscal year beginning July
 12 14 1, 1998, and ending June 30, 1999, the following amount, or so
 12 15 much thereof as is necessary, to be used for the purpose
 12 16 designated:
 12 17    For the geography alliance:  
 12 18 .................................................. $     25,000
 12 19    Notwithstanding section 8.33, moneys appropriated in this
 12 20 section that remain unencumbered or unobligated at the close
 12 21 of the fiscal year shall not revert but shall remain available
 12 22 for expenditure for the purposes designated until the close of
 12 23 the succeeding fiscal year.
 12 24    Sec. 25.  REGENTS – WASTE REDUCTION CENTER.  There is
 12 25 appropriated from the general fund of the state to the state
 12 26 board of regents for the fiscal year beginning July 1, 1998,
 12 27 and ending June 30, 1999, the following amount, or so much
 12 28 thereof as is necessary, to be used for the purpose
 12 29 designated:
 12 30    To the university of northern Iowa, Iowa waste reduction
 12 31 center for the safe and economic management of solid waste and
 12 32 hazardous substances established in section 268.4, for costs
 12 33 of establishing and implementing the environmental auditor
 12 34 training program in accordance with 1998 Iowa Acts, chapter
 12 35 1109, section 10, as codified in section 455K.10:  
 13  1 .................................................. $    220,000
 13  2    Notwithstanding section 8.33, moneys appropriated in this
 13  3 section that remain unencumbered or unobligated at the close
 13  4 of the fiscal year shall not revert but shall remain available
 13  5 for expenditure for the purpose designated until the close of
 13  6 the succeeding fiscal year.
 13  7    Sec. 26.  RUNAWAY TREATMENT.  There is appropriated from
 13  8 the general fund of the state to the department of human
 13  9 services for the fiscal year beginning July 1, 1998, and
 13 10 ending June 30, 1999, the following amount, or so much thereof
 13 11 as is necessary, to be used for the purpose designated:
 13 12    For a grant to a county with a population between 168,000
 13 13 and 175,000 for implementation of the county's runaway
 13 14 treatment plan under section 232.195:  
 13 15 .................................................. $     80,000
 13 16    The grant shall be administered by the county's board of
 13 17 supervisors in consultation with the local runaway and
 13 18 treatment task force.  Notwithstanding section 8.33, moneys
 13 19 appropriated in this section which remain unobligated or
 13 20 unexpended at the close of the fiscal year shall not revert
 13 21 but shall remain available to be used for the purpose
 13 22 designated in the succeeding fiscal year.
 13 23    Sec. 27.  EFFECTIVE DATE.  This division of this Act, being
 13 24 deemed of immediate importance, takes effect upon enactment.  
 13 25                           DIVISION VI
 13 26                          MISCELLANEOUS
 13 27    Sec. 28.  Section 137F.1, subsection 8, paragraph f, Code
 13 28 1999, is amended by striking the paragraph and inserting in
 13 29 lieu thereof the following:
 13 30    f.  Premises of a residence in which food that is
 13 31 nonpotentially hazardous is sold for consumption off the
 13 32 premises to a consumer customer, if the food is labeled to
 13 33 identify the name and address of the person preparing the food
 13 34 and the common name of the food.
 13 35    Sec. 29.  Section 137F.2, subsection 6, Code 1999, is
 14  1 amended to read as follows:
 14  2    6.  3-201.11(B) shall be amended to allow food prepared by
 14  3 a home food establishment licensed under chapter 137D or by an
 14  4 operation specified under section 137F.1, subsection 8,
 14  5 paragraph "f", to be used or offered for sale.
 14  6    Sec. 30.  Section 137F.2, Code 1999, is amended by adding
 14  7 the following new subsection:
 14  8    NEW SUBSECTION.  12.  3-201.16(B) shall be amended to
 14  9 exclude wild morel mushrooms.
 14 10    Sec. 31.  Section 137F.2, Code 1999, is amended by adding
 14 11 the following new subsection:
 14 12    NEW SUBSECTION.  13.  3-501.17 shall be amended to provide
 14 13 that paragraphs (C) and (D) shall not apply to aged cheese.
 14 14    Sec. 32.  Section 137F.2, Code 1999, is amended by adding
 14 15 the following new subsection:
 14 16    NEW SUBSECTION.  14.  3-603.11 shall be amended so that the
 14 17 rule shall not apply to whole muscle red meats.
 14 18    Sec. 33.  Section 232.2, subsection 22, paragraph b,
 14 19 subparagraph (7), if enacted by 1999 Iowa Acts, Senate File
 14 20 193, section 1, is amended by striking the subparagraph.
 14 21    Sec. 34.  Section 232.2, subsection 22, paragraph c, if
 14 22 enacted by 1999 Iowa Acts, Senate File 193, section 1, is
 14 23 amended to read as follows:
 14 24    c.  The order appointing the guardian ad litem shall
 14 25 specify the duties of and grant authorization to the guardian
 14 26 ad litem to interview any relevant person and inspect and copy
 14 27 any records relevant to the proceedings, if not prohibited by
 14 28 federal law.  The order shall specify that the guardian ad
 14 29 litem may interview any person providing medical, mental
 14 30 health, social, educational, or other services to the child,
 14 31 may attend any departmental staff meeting, case conference, or
 14 32 meeting with medical or mental health providers, service
 14 33 providers, organizations, or educational institutions
 14 34 regarding the child, if deemed necessary by the guardian ad
 14 35 litem, and may inspect and copy any records relevant to the
 15  1 proceedings.
 15  2    Sec. 35.  Section 232.52, subsection 2, paragraph a,
 15  3 subparagraph (4), Code 1999, is amended by adding the
 15  4 following new subparagraph subdivisions:
 15  5    NEW SUBPARAGRAPH SUBDIVISION.  (g)  Section 708.1, if the
 15  6 assault is committed upon an employee of the school at which
 15  7 the child is enrolled, and the child intended to inflict
 15  8 serious injury upon the school employee or caused bodily
 15  9 injury or mental illness.
 15 10    NEW SUBPARAGRAPH SUBDIVISION.  (h)  Section 724.4, if the
 15 11 child carried the dangerous weapon on school grounds.
 15 12    NEW SUBPARAGRAPH SUBDIVISION.  (i)  Section 724.4B.
 15 13    Sec. 36.  Section 484B.4, subsection 2, paragraph c, Code
 15 14 1999, is amended by striking the paragraph.
 15 15    Sec. 37.  Section 490A.1504, Code 1999, is amended to read
 15 16 as follows:
 15 17    490A.1504  WHO MAY ORGANIZE.
 15 18    Two One or more individuals having capacity to contract,
 15 19 each of whom is and licensed to practice a profession in this
 15 20 state in which the professional limited liability company is
 15 21 to be authorized to practice, may act as organizers of
 15 22 organize a professional limited liability company.
 15 23    Sec. 38.  Section 514I.5, subsection 7, paragraph d, Code
 15 24 1999, is amended to read as follows:
 15 25    d.  Develop, with the assistance of the department, an
 15 26 outreach plan for implementation by the administrative
 15 27 contractor, and provide for periodic assessment of the
 15 28 effectiveness of the outreach plan.  The plan shall provide
 15 29 outreach to families of children likely to be eligible for
 15 30 assistance under the program or for other health insurance
 15 31 coverage or care programs, to inform them of the availability
 15 32 of and to assist the families in enrolling children in the
 15 33 program.  The outreach efforts shall may include, but are not
 15 34 limited to, a comprehensive statewide media campaign,
 15 35 solicitation of cooperation from programs, agencies, and other
 16  1 persons who are likely to have contact with eligible children,
 16  2 including but not limited to those associated with the
 16  3 educational system, and the development of community plans for
 16  4 outreach and marketing.
 16  5    Sec. 39.  Section 514I.7, subsection 2, paragraph a, Code
 16  6 1999, is amended by striking the paragraph.
 16  7    Sec. 40.  The general assembly shall enact legislation no
 16  8 later than March 1, 2000, to address alternative high school
 16  9 program funding as provided under section 257.11.  The general
 16 10 assembly's interim committee on school finance shall study and
 16 11 make recommendations for funding alternative high school
 16 12 programs offered within a school district, by another school
 16 13 district, or with a community college.  The committee's report
 16 14 shall be forwarded to the members of the general assembly no
 16 15 later than December 1, 1999.
 16 16    Sec. 41.  Section 137D.9, Code 1999, is repealed.  
 16 17                          DIVISION VII
 16 18                      CORRECTIVE AMENDMENTS
 16 19    Sec. 42.  Section 12C.1, subsection 3, paragraph b, Code
 16 20 1999, as amended, by 1999 Iowa Acts, House File 571, section
 16 21 4, if enacted, is amended to read as follows:
 16 22    b.  If a depository is a bank, public deposits in the bank
 16 23 shall be secured pursuant to sections 12C.23 12C.23A and
 16 24 12C.24.
 16 25    Sec. 43.  Section 12C.23, subsection 3, paragraph d, Code
 16 26 1999, as amended by 1999 Iowa Acts, House File 571, section
 16 27 11, if enacted, is amended to read as follows:
 16 28    d.  If the loss to public funds is not covered by insurance
 16 29 and the proceeds of the failed credit union's assets which are
 16 30 liquidated within thirty days of the closing of the credit
 16 31 union and pledged collateral, the treasurer shall provide
 16 32 coverage of the remaining loss from the state sinking fund for
 16 33 public deposits in credit unions.  If the funds are inadequate
 16 34 to cover the entire loss, then the treasurer shall make an
 16 35 assessment against other credit unions who hold public funds.
 17  1 The assessment shall be determined by multiplying the total
 17  2 amount of the remaining loss to public depositors by a
 17  3 percentage that represents the average of public funds
 17  4 deposits held by all credit unions during the preceding
 17  5 twelve-month period ending on the last day of the month
 17  6 immediately preceding the month the credit union was closed.
 17  7 Each credit union shall pay its assessment to the treasurer
 17  8 within three business days after it receives notice of
 17  9 assessment.  If a credit union fails to pay its assessment
 17 10 when due, the treasurer of state shall initiate a lawsuit to
 17 11 collect the assessment.  If a credit union is found to have
 17 12 failed to pay the assessment as required by this subparagraph
 17 13 paragraph, the court shall order it to pay the assessment,
 17 14 court costs, reasonable attorney's fees based upon the amount
 17 15 of time the attorney general's office spent preparing and
 17 16 bringing the action, and reasonable expenses incurred by the
 17 17 treasurer of state's office.  Idle balances in the fund are to
 17 18 be invested by the treasurer with earnings credited to the
 17 19 fund.  Fees paid by credit unions for administration of this
 17 20 chapter will be credited to the fund and the treasurer may
 17 21 deduct actual costs of administration from the fund.
 17 22    Sec. 44.  Section 12C.23A, subsection 3, paragraph b, if
 17 23 enacted by 1999 Iowa Acts, House File 571, section 12, is
 17 24 amended to read as follows:
 17 25    b.  The recovery of any loss to public depositors shall
 17 26 begin with applicable deposit insurance.  The priority of
 17 27 claims are those established pursuant to section 524.1312,
 17 28 subsection 2, section 533.22, subsection 1, paragraph "b", or
 17 29 section 534.517.  To the extent permitted by federal law, in
 17 30 the distribution of an insolvent federally chartered bank's
 17 31 assets, the order of payment of liabilities if its assets are
 17 32 insufficient to pay in full all its liabilities for which
 17 33 claims are made shall be in the same order as for a state-
 17 34 chartered bank as provided in section 524.1312, subsection 2.
 17 35    Sec. 45.  Section 12C.23A, subsection 3, paragraph d, if
 18  1 enacted by 1999 Iowa Acts, House File 571, section 12, is
 18  2 amended to read as follows:
 18  3    d.  If the loss to public funds is not covered by insurance
 18  4 and the proceeds of the failed bank's assets which are
 18  5 liquidated within thirty days of the closing of the bank, are
 18  6 not sufficient to cover the loss, then any further payments to
 18  7 cover the loss will come from the state sinking fund for
 18  8 public deposits in banks.  If the balance in that sinking fund
 18  9 is inadequate to pay the entire loss, then the treasurer shall
 18 10 obtain the additional amount needed by making an assessment
 18 11 against other banks whose public funds deposits exceed deposit
 18 12 insurance coverage.  A bank's assessment shall be determined
 18 13 by multiplying the total amount of the remaining loss to all
 18 14 public depositors by a percentage that represents that bank's
 18 15 proportional share of the average total of uninsured public
 18 16 funds deposits held by all banks.  Each bank shall pay its
 18 17 assessment to the treasurer within three business days after
 18 18 it receives notice of assessment.  If a bank fails to pay its
 18 19 assessment when due, the treasurer of state shall initiate a
 18 20 lawsuit to collect the assessment.  If a bank is found to have
 18 21 failed to pay the assessment as required by this subparagraph
 18 22 paragraph, the court shall order it to pay the assessment,
 18 23 court costs, reasonable attorney fees based on the amount of
 18 24 time the attorney general's office spent preparing and
 18 25 bringing the action, and reasonable expenses incurred by the
 18 26 treasurer of state.  Idle balances in the fund shall be
 18 27 invested by the treasurer with earnings credited to the fund.
 18 28 Fees paid by banks for administration of this chapter shall be
 18 29 credited to the fund and the treasurer may deduct actual costs
 18 30 of administration from the fund.
 18 31    Sec. 46.  Section 13B.4, subsection 1, Code 1999, as
 18 32 amended by 1999 Iowa Acts, House File 573, section 1, is
 18 33 amended to read as follows:
 18 34    1.  The state public defender shall coordinate the
 18 35 provision of legal representation of all indigents under
 19  1 arrest or charged with a crime, on appeal in criminal cases,
 19  2 and on appeal in proceedings to obtain postconviction relief
 19  3 when ordered to do so by the district court in which the
 19  4 judgment or order was issued, and on a reopening of a sentence
 19  5 proceeding, and may provide for the representation of
 19  6 indigents in proceedings instituted pursuant to chapter 908.
 19  7 The state public defender shall not engage in the private
 19  8 practice of law.
 19  9    Sec. 47.  Section 37.10, unnumbered paragraph 1, Code 1999,
 19 10 as amended by 1999 Acts, House File 224, section 2, is amended
 19 11 to read as follows:
 19 12    Each commissioner, except for a memorial hospital
 19 13 commissioner, shall be an honorably discharged soldier,
 19 14 sailor, marine, airman, or coast guard member and be a
 19 15 resident of the county in which the memorial hall or monument
 19 16 is located.  Each commissioner for a memorial hospital shall
 19 17 be a resident of the county in which the memorial hospital is
 19 18 located.
 19 19    Sec. 48.  Section 124.401F, subsection 1, Code 1999, as
 19 20 enacted by 1999 Iowa Acts, House File 573, section 6, is
 19 21 amended to read as follows:
 19 22    1.  A person shall not intentionally tamper with anhydrous
 19 23 ammonia equipment.  Tampering occurs when a person who is not
 19 24 authorized by the owner of anhydrous ammonia equipment uses
 19 25 the equipment in violation of a provision of this section.  A
 19 26 person shall not in any manner or for any purpose sell, fill,
 19 27 refill, deliver, permit to be delivered, or use an anhydrous
 19 28 ammonia container or receptacle, including for the storage of
 19 29 any gas or compound, unless the person owns the container or
 19 30 receptacle or is authorized to do so by the owner.  A person
 19 31 shall not possess or transport anhydrous ammonia in a
 19 32 container or receptacle which is not authorized by the
 19 33 secretary of agriculture to hold anhydrous ammonia.
 19 34    Sec. 49.  Section 172C.1, subsection 3, as enacted by 1999
 19 35 Iowa Acts, Senate File 436, if enacted, is amended to read as
 20  1 follows:
 20  2    3.  "Packer" means a person who is engaged in the business
 20  3 of slaughtering livestock or receiving, purchasing, or
 20  4 soliciting livestock for slaughter, if the meat products of
 20  5 the slaughtered livestock which are directly or indirectly to
 20  6 be offered for resale or for public consumption and the meat
 20  7 products have a total annual value of ten million dollars or
 20  8 more.  As used in this chapter, "packer" includes an agent of
 20  9 the packer engaged in buying or soliciting livestock for
 20 10 slaughter on behalf of a packer.  "Packer" does not include a
 20 11 frozen food locker plant regulated under chapter 172.
 20 12    Sec. 50.  Section 249A.3, subsection 2, unnumbered
 20 13 paragraph 1, Code 1999, is amended to read as follows:
 20 14    Medical assistance may also, within the limits of available
 20 15 funds and in accordance with section 249A.4, subsection 1, be
 20 16 provided to, or on behalf of, other individuals and families
 20 17 who are not excluded under subsection 4 5 of this section and
 20 18 whose incomes and resources are insufficient to meet the cost
 20 19 of necessary medical care and services in accordance with the
 20 20 following order of priorities:
 20 21    Sec. 51.  Section 256E.7, subsection 4, as enacted by 1999
 20 22 Iowa Acts, House File 743, section 7, is amended to read as
 20 23 follows:
 20 24    4.  Prior to receiving funds pursuant to section 256E.5,
 20 25 subsection 2, the institutions under the control of the
 20 26 department of human services as provided in section 218.1,
 20 27 subsections 1 through 3, 5, 7, and 8, shall each submit to the
 20 28 departments of education and human services a technology plan
 20 29 that supports and improves student achievement, demonstrates
 20 30 the manner in which technology will be utilized to improve
 20 31 student achievement, and includes an evaluation component.
 20 32 Each institution developing a plan under this subsection needs
 20 33 to develop only one plan to send to the departments of
 20 34 education and human services while this chapter is effective.
 20 35 Each institution shall submit an annual progress report to the
 21  1 departments of education and human services.  Each institution
 21  2 shall submit an annual progress report to the departments of
 21  3 education and human services.
 21  4    Sec. 52.  Section 321.471, subsection 1, unnumbered
 21  5 paragraph 1, Code 1999, as amended by 1999 Iowa Acts, House
 21  6 File 651, section 8, if enacted, is amended to read as
 21  7 follows:
 21  8    Local authorities with respect to a highway under their
 21  9 jurisdiction may by ordinance or resolution prohibit the
 21 10 operation of vehicles upon the highway or impose restrictions
 21 11 as to the weight of vehicles to be operated upon the highway
 21 12 for a total period of not to exceed ninety days in any one
 21 13 calendar year, whenever the highway by reason of
 21 14 deterioration, rain, snow, or other climatic conditions will
 21 15 be seriously damaged or destroyed unless the use of vehicles
 21 16 on the highway is prohibited or the permissible weights
 21 17 reduced.  The ordinance or resolution shall not apply to
 21 18 implements of husbandry as defined in section 321.1,
 21 19 implements of husbandry loaded on hauling units for
 21 20 transporting the implements to locations for repair, or fire
 21 21 apparatus and road maintenance equipment owned by or, under
 21 22 lease to, or used in the performance of a contract with a
 21 23 state or local authority.
 21 24    Sec. 53.  Section 321.471, subsection 2, Code 1999,
 21 25 paragraph a, as enacted and amended by 1999 Iowa Acts, House
 21 26 File 651, section 8, if enacted, is amended to read as
 21 27 follows:
 21 28    a.  Upon a finding that a bridge or culvert does not meet
 21 29 established standards set forth by state and federal
 21 30 authorities, local authorities may by ordinance or resolution
 21 31 impose limitations for an indefinite period of time on the
 21 32 weight of vehicles upon bridges or culverts located on
 21 33 highways under their sole jurisdiction.  The limitations shall
 21 34 be effective when signs giving notice of the limitations are
 21 35 erected.  The ordinance or resolution shall not apply to
 22  1 implements of husbandry loaded on hauling units for
 22  2 transporting the implements to locations for purposes of
 22  3 repair or to fire apparatus or road maintenance equipment
 22  4 owned by or, under lease to, any or used in the performance of
 22  5 a contract with a state or local authority.
 22  6    Sec. 54.  Section 321.474, unnumbered paragraph 1, Code
 22  7 1999, as amended by 1999 Iowa Acts, House File 651, section 9,
 22  8 if enacted, is amended to read as follows:
 22  9    The department shall have authority, as granted to local
 22 10 authorities, to determine by resolution and to impose
 22 11 restrictions as to the weight of vehicles, except implements
 22 12 of husbandry as defined in section 321.1, implements of
 22 13 husbandry loaded on hauling units for transporting the
 22 14 implements to locations for repair, and fire apparatus and
 22 15 road maintenance equipment owned by or, under lease to, any or
 22 16 used in the performance of a contract with a state or local
 22 17 authority, operated upon any highway under the jurisdiction of
 22 18 the department for a definite period of time not to exceed
 22 19 twelve months.  The restrictions shall be effective when signs
 22 20 giving notice of the restrictions and the expiration date of
 22 21 the restrictions are erected upon the affected highway or
 22 22 portion of highway.
 22 23    Sec. 55.  Section 321.474, unnumbered paragraph 2, if
 22 24 enacted by 1999 Iowa Acts, House File 651, section 9, is
 22 25 amended to read as follows:
 22 26    Upon a finding that a bridge or culvert does not meet
 22 27 established standards set forth by state and federal
 22 28 authorities, the department may impose, by resolution,
 22 29 restrictions for an indefinite period of time on the weight of
 22 30 vehicles operated upon bridges or culverts located on highways
 22 31 under its jurisdiction.  The restrictions shall be effective
 22 32 when signs giving notice of the restrictions are erected.  The
 22 33 restrictions shall not apply to implements of husbandry loaded
 22 34 on hauling units for transporting the implements to locations
 22 35 for purposes of repair or to fire apparatus or road
 23  1 maintenance equipment owned by or, under lease to, any or used
 23  2 in the performance of a contract with a state or local
 23  3 authority.
 23  4    Sec. 56.  Section 427.1, subsection 30, if enacted by 1999
 23  5 Iowa Acts, House File 758, is amended to read as follows:
 23  6    30.  MOBILE HOME PARK STORM SHELTER.  A structure
 23  7 constructed as a storm shelter at a mobile home park as
 23  8 defined in section 435.1.  If the structure serves a use in
 23  9 addition to use as a storm shelter, the exemption shall apply
 23 10 only to that portion of the structure which serves as a storm
 23 11 shelter.  An application for this exemption shall be filed
 23 12 with the assessing authority not later than April fifteenth of
 23 13 the first year for which the exemption is requested, on forms
 23 14 provided by the department of revenue and finance.  The
 23 15 application shall describe and locate the storm shelter to be
 23 16 exempted.  If the storm shelter structure is used exclusively
 23 17 as a storm shelter, all of the structure's assessed value
 23 18 shall be exempt from taxation.  If the storm shelter structure
 23 19 is not used exclusively as a storm shelter, the storm shelter
 23 20 structure which is not used exclusively as a storm shelter
 23 21 shall be assessed for taxation at seventy-five percent of its
 23 22 value as commercial property.
 23 23    Sec. 57.  Section 476.86, unnumbered paragraph 1, as
 23 24 enacted by 1999 Iowa Acts, Senate File 224, section 2, is
 23 25 amended to read as follows:
 23 26    As used in this section and section 476.87, unless the
 23 27 context otherwise requires:
 23 28    Sec. 58.  Section 514C.14, subsection 2, paragraph b, if
 23 29 enacted by 1999 Iowa Acts, Senate File 8, section 1, is
 23 30 amended to read as follows:
 23 31    b.  This chapter section shall not apply to accident only,
 23 32 specified disease, short-term hospital or medical, hospital
 23 33 confinement indemnity, credit, dental, vision, Medicare
 23 34 supplement, long-term care, basic hospital and medical-
 23 35 surgical expense coverage as defined by the commissioner,
 24  1 disability income insurance coverage, coverage issued as a
 24  2 supplement to liability insurance, workers' compensation or
 24  3 similar insurance, or automobile medical payment insurance.
 24  4    Sec. 59.  Section 524.1406, subsection 3, paragraph b, if
 24  5 enacted by 1999 Iowa Acts, House File 445, section 1, is
 24  6 amended to read as follows:
 24  7    b.  If, prior Prior to giving notice of a meeting at which
 24  8 a shareholder would be entitled to assert dissenter's rights,
 24  9 a bank may seek a declaratory judgment to establish the fair
 24 10 value for purposes of section 490.1301, subsection 4, of
 24 11 shares held by shareholders who would have a right to dissent.
 24 12 Another cause of action or a counterclaim shall not be joined
 24 13 with such a declaratory action.  A declaratory judgment shall
 24 14 be filed in the county where the bank's principal place of
 24 15 business is located.  The court shall appoint an attorney to
 24 16 represent minority shareholders.  All shareholders of the bank
 24 17 shall be served with notice of the action and be advised of
 24 18 the name, address, and telephone number of the attorney
 24 19 appointed to represent minority shareholder interests.  The
 24 20 bank may select an appraiser to give an opinion on fair value
 24 21 and the attorney shall select an appraiser to give an opinion
 24 22 on fair value.  Any shareholder may participate individually
 24 23 and present evidence of the fair value of such shareholder's
 24 24 shares.  All court costs, appraiser's fees, and the fees and
 24 25 expenses of the attorney shall be assessed against the bank.
 24 26 A judgment in the action shall not determine fair value for a
 24 27 share to be less than the stockholders' equity in the bank in
 24 28 its last statement of condition filed under section 524.220
 24 29 divided by the number of shares outstanding.  A final judgment
 24 30 in the action shall establish fair value for the purposes of
 24 31 chapter 490, division XIII and shall be disclosed to the
 24 32 shareholders in the notice to shareholders of the meeting to
 24 33 approve the transaction that gives rise to dissenters' rights.
 24 34 If the proposed transaction is approved by the shareholders,
 24 35 upon consummation of the proposed transaction the fair value
 25  1 so established shall be paid to all shareholders entitled to
 25  2 payment for their shares upon receipt of such shareholders'
 25  3 share certificates.
 25  4    Sec. 60.  Section 602.7103, subsection 2, Code 1999, as
 25  5 amended by House File 647, section 7, as subsection 1, if
 25  6 enacted, is amended to read as follows:
 25  7    1.  An associate juvenile judge shall have the same
 25  8 jurisdiction to conduct juvenile court proceedings, to issue
 25  9 warrants, nontestimonial identification orders, and contempt
 25 10 arrest warrants for adults in juvenile court proceedings, and
 25 11 to issue orders, findings, and decisions as the judge of the
 25 12 juvenile court.  However, the appointing chief judge may limit
 25 13 the exercise of juvenile court jurisdiction by the associate
 25 14 juvenile judge.
 25 15    Sec. 61.  Section 602.7103B, subsection 5, if enacted by
 25 16 1999 Iowa Acts, House File 647, section 9, is amended to read
 25 17 as follows:
 25 18    5.  A full-time associate juvenile judge who seeks to
 25 19 resign from the office of district associate full-time
 25 20 associate juvenile judge shall notify in writing the chief
 25 21 judge of the judicial district as to the full-time associate
 25 22 juvenile judge's intention to resign and the effective date of
 25 23 the resignation.  The chief judge of the judicial district,
 25 24 upon receipt of the notice, shall notify the county magistrate
 25 25 appointing commission and the state court administrator of the
 25 26 actual or impending vacancy in the office of full-time
 25 27 associate juvenile judge due to resignation.
 25 28    Sec. 62.  Section 633.20B, subsection 5, if enacted by 1999
 25 29 Iowa Acts, House File 647, section 13, is amended to read as
 25 30 follows:
 25 31    5.  A full-time associate probate judge who seeks to resign
 25 32 from the office of district associate full-time associate
 25 33 probate judge shall notify in writing the chief judge of the
 25 34 judicial district as to the full-time associate probate
 25 35 judge's intention to resign and the effective date of the
 26  1 resignation.  The chief judge of the judicial district, upon
 26  2 receipt of the notice, shall notify the county magistrate
 26  3 appointing commission and the state court administrator of the
 26  4 actual or impending vacancy in the office of full-time
 26  5 associate probate judge due to resignation.
 26  6    Sec. 63.  Section 808B.5, subsection 11, Code 1999, as
 26  7 amended by 1999 Iowa Acts, Senate File 309, section 21, if
 26  8 enacted, is amended to read as follows:
 26  9    11.  An aggrieved person in a trial, hearing, or proceeding
 26 10 in or before any court, department, officer, agency,
 26 11 regulatory body, or other authority of this state, may move to
 26 12 suppress the contents of an intercepted wire, oral, or
 26 13 electronic communication, or evidence derived from the wire,
 26 14 oral, or electronic communication, on the grounds that the
 26 15 communication was unlawfully intercepted, the order of
 26 16 authorization under which it was intercepted was insufficient
 26 17 on its face, or the interception was not made in conformity
 26 18 with the order of authorization.  The motion shall be made
 26 19 before the trial, hearing, or proceeding unless there was no
 26 20 opportunity to make the motion or the person was not aware of
 26 21 the grounds of the motion.  If the motion is granted, the
 26 22 contents of the intercepted wire, oral, or electronic
 26 23 communication, or evidence derived from the wire communication
 26 24 or, oral, or electronic communication, shall be treated as
 26 25 having been obtained in violation of this chapter.
 26 26    Sec. 64.  Section 808B.11, subsections 1 and 2, if enacted
 26 27 by 1999 Iowa Acts, Senate File 309, section 26, are amended to
 26 28 read as follows:
 26 29    1.  An application for an order or an extension of an order
 26 30 authorizing or approving the installation and use of a pen
 26 31 register or a trap and trace device shall be made in writing
 26 32 by a prosecuting attorney upon oath or affirmation to a
 26 33 district court.  A Only a special state agent may only conduct
 26 34 an investigation authorized under this section or section
 26 35 808B.12.  An application shall include the following
 27  1 information:
 27  2    a.  The identity of the prosecuting attorney, and the
 27  3 identity of the special state agent authorized to conduct the
 27  4 investigation.
 27  5    b.  A certified statement by the special state agent that
 27  6 the information likely to be obtained is relevant to an
 27  7 ongoing criminal investigation of an offense listed under
 27  8 section 808B.3 or an offense that may lead to an immediate
 27  9 danger of death of or serious bodily injury of to a person.
 27 10    2.  Upon application the court may enter an ex parte order
 27 11 or an ex parte extension of an order, authorizing the
 27 12 installation and use of a pen register or trap and trace
 27 13 device within the territorial jurisdiction of the court, if
 27 14 the court finds that the special state agent has certified to
 27 15 the court that the information likely to be obtained by the
 27 16 use of a pen register or trap and trace device is relevant to
 27 17 an ongoing criminal investigation of an offense listed under
 27 18 section 808B.3 or an offense that may lead to the an immediate
 27 19 danger of death of or serious bodily injury of to a person.
 27 20    Sec. 65.  Section 808B.11, subsection 4, if enacted by 1999
 27 21 Iowa Acts, Senate File 309, section 26, is amended to read as
 27 22 follows:
 27 23    4.  Any Except as otherwise provided in paragraph "b", any
 27 24 order granted under this section shall be sealed until
 27 25 otherwise ordered by the court.
 27 26    a.  Any person owning or leasing the telephone line to
 27 27 which the pen register or trap and trace device is attached,
 27 28 or who has been ordered by the court to furnish information,
 27 29 facilities, or technical assistance to the applicant, shall
 27 30 not disclose the existence of the pen register or trap and
 27 31 trace device or the existence of the investigation of the
 27 32 listed subscriber, to any person, unless or until otherwise
 27 33 ordered by the court.
 27 34    b.  Notwithstanding subsection 4, a A prosecuting attorney
 27 35 or special state agent may utilize or share any information
 28  1 obtained from the use of a pen register or trap and trace
 28  2 device with other prosecuting attorneys or law enforcement
 28  3 agencies while acting within the scope of their employment.
 28  4    c.  A violation of this subsection may be punished as
 28  5 contempt of court.
 28  6    Sec. 66.  Section 808B.12, subsection 1, paragraph a, if
 28  7 enacted by 1999 Iowa Acts, Senate File 309, section 27, is
 28  8 amended to read as follows:
 28  9    a.  The court reasonably determines that an emergency
 28 10 situation exists that involves an immediate danger of death of
 28 11 or serious bodily injury to any person.
 28 12    Sec. 67.  Section 808B.12, subsection 3, if enacted by 1999
 28 13 Iowa Acts, Senate File 309, section 27, is amended to read as
 28 14 follows:
 28 15    3.  An investigative or law enforcement officer who
 28 16 knowingly uses a pen register or trap and trace device
 28 17 pursuant to this section after the effectiveness of the
 28 18 authorizing emergency order has terminated pursuant to
 28 19 subsection 2 due to the lapse of the forty-eight hours commits
 28 20 a serious misdemeanor.
 28 21    Sec. 68.  1999 Iowa Acts, House File 745, section 19, if
 28 22 enacted, is amended to read as follows:
 28 23    SEC. 19.  Notwithstanding section 8.33, all unencumbered
 28 24 and unobligated moneys remaining in the economic development
 28 25 deaf interpreters revolving fund established in section
 28 26 15.108, shall transfer to the rural community 2000 program
 28 27 revolving fund established in section 15.287 on the effective
 28 28 date of this section of this Act.
 28 29    Sec. 69.  1999 Iowa Acts, Senate File 460, section 10,
 28 30 subsection 7, unnumbered paragraph 2, if enacted, is amended
 28 31 to read as follows:
 28 32    The employment appeal board shall be reimbursed by the
 28 33 labor services division of the department of employment
 28 34 services workforce development for all costs associated with
 28 35 hearings conducted under chapter 91C, related to contractor
 29  1 registration.  The board may expend, in addition to the amount
 29  2 appropriated under this subsection, additional amounts as are
 29  3 directly billable to the labor services division under this
 29  4 subsection and to retain the additional full-time equivalent
 29  5 positions as needed to conduct hearings required pursuant to
 29  6 chapter 91C.
 29  7    Sec. 70.  1999 Iowa Acts, Senate File 464, section 1,
 29  8 subsection 4, if enacted, is amended to read as follows:
 29  9    4.  NATIONAL GUARD TUITION AID EDUCATIONAL ASSISTANCE
 29 10 PROGRAM
 29 11    For purposes of providing national guard tuition aid
 29 12 educational assistance under the program established in
 29 13 section 261.86:  
 29 14 .................................................. $   833,900
 29 15    Sec. 71.  1999 Iowa Acts, Senate File 464, section 4, if
 29 16 enacted, is amended to read as follows:
 29 17    SEC. 4.  REMAINING NATIONAL GUARD TUITION AID PROGRAM
 29 18 BALANCE.  Notwithstanding section 8.33, the unencumbered or
 29 19 unobligated moneys remaining at the end of the fiscal year
 29 20 ending June 30, 1999, from the appropriations made in 1998
 29 21 Iowa Acts, chapter 1215, section 1, subsection 4, shall not
 29 22 revert but shall be available for expenditure during the
 29 23 subsequent fiscal year for the purposes of the national guard
 29 24 tuition aid educational assistance program established by this
 29 25 Act.
 29 26    Sec. 72.  STRATEGIC INVESTMENT FUND TRANSFER EFFECTIVE
 29 27 DATE.  The provision in 1999 Iowa Acts, House File 745,
 29 28 section 1, subsection 2, paragraph "e", if enacted, relating
 29 29 to the transfer of moneys from the strategic investment fund
 29 30 to the physical infrastructure assistance fund, being deemed
 29 31 of immediate importance, takes effect upon enactment.
 29 32    Sec. 73.  Sections 15E.152 through 15E.155, 15E.157 through
 29 33 15E.161, 15E.165, and 15E.166, Code 1999, are repealed.
 29 34    Sec. 74.  EFFECTIVE DATES.  The following sections of this
 29 35 division of this Act, being deemed of immediate importance,
 30  1 take effect upon enactment or as otherwise specified:
 30  2    1.  Section 42, amending section 12C.1.
 30  3    2.  Section 43, amending section 12C.23, subsection 3,
 30  4 paragraph "d".
 30  5    3.  Section 44, amending section 12C.23A, subsection 3,
 30  6 paragraph "b".
 30  7    4.  Section 45, amending section 12C.23A, subsection 3,
 30  8 paragraph "d".
 30  9    5.  Section 49, amending section 172C.1, takes effect July
 30 10 1, 2000.
 30 11    6.  Section 57, amending section 476.86.
 30 12    7.  Section 68, amending 1999 Iowa Acts, House File 745,
 30 13 section 19.
 30 14    8.  Section 71, amending 1999 Iowa Acts, Senate File 464,
 30 15 section 4.
 30 16    9.  Section 72, relating to the effective date of 1999 Iowa
 30 17 Acts, House File 745, section 1, subsection 2, paragraph "e".  
 30 18 
 30 19 
 30 20                                                             
 30 21                               BRENT SIEGRIST
 30 22                               Speaker of the House
 30 23 
 30 24 
 30 25                                                             
 30 26                               MARY E. KRAMER
 30 27                               President of the Senate
 30 28 
 30 29    I hereby certify that this bill originated in the House and
 30 30 is known as House File 782, Seventy-eighth General Assembly.
 30 31 
 30 32 
 30 33                                                             
 30 34                               ELIZABETH ISAACSON
 30 35                               Chief Clerk of the House
 31  1 Approved                , 1999
 31  2 
 31  3 
 31  4                               
 31  5 THOMAS J. VILSACK
 31  6 Governor
     
Text: HF00781                           Text: HF00783
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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