Text: HF02135 Text: HF02137 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2136 1 2 1 3 AN ACT 1 4 RELATING TO NONSUBSTANTIVE CODE CORRECTIONS. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 DIVISION I 1 9 MISCELLANEOUS PROVISIONS 1 10 Section 1. Section 6B.59, Code Supplement 1999, is amended 1 11 to read as follows: 1 12 6B.59 SALE OF ACQUIRED PROPERTY – REIMBURSEMENT TO 1 13 LANDOWNER. 1 14 If an acquiring agency acquires property by condemnation, 1 15 or by otherwise exercising the power of eminent domain, and 1 16 that property is later sold by the acquiring agency for more 1 17 than the acquisition price paid to the landowner, the 1 18 acquiring agency shall pay to the landowner from whom the 1 19 property was acquired the difference between the price at 1 20 which it was acquired and the price at which it was sold by 1 21 the acquiring agency less the cost of any improvements made to 1 22 or benefiting the land by the acquiring agency. This section 1 23 does not apply to property acquired by theIowastate 1 24 department of transportation. 1 25 Sec. 2. Section 7E.5, subsection 1, paragraph v, Code 1 26 1999, is amended to read as follows: 1 27 v. The department for the blind, created insection 216B.21 28 chapter 216B, which has primary responsibility for services 1 29 relating to blind persons. 1 30 Sec. 3. Section 12.31, Code 1999, is amended to read as 1 31 follows: 1 32 12.31 SHORT TITLE. 1 33 Thisdivisionsection and sections 12.32 through 12.43 1 34 shall be known as the "Linked Investments for Tomorrow Act". 1 35 Sec. 4. Section 12.32, unnumbered paragraph 1, Code 2 1 Supplement 1999, is amended to read as follows: 2 2 As used inthis divisionsection 12.31, this section, and 2 3 sections 12.33 through 12.43, unless the context otherwise 2 4 requires: 2 5 Sec. 5. Section 12.32, subsection 4, Code Supplement 1999, 2 6 is amended to read as follows: 2 7 4. "Qualified linked investment" means a linked investment 2 8 in which a certificate of deposit is placed by the treasurer 2 9 of state with an eligible lending institution under the 2 10 traditional livestock producers linked investment loan program 2 11 established under section 12.43A. 2 12 Sec. 6. Section 15E.208, subsection 4, paragraph b, Code 2 13 Supplement 1999, is amended to read as follows: 2 14 b. An agricultural products processor, if the processor or 2 15 a person owning a controlling interest in the processor has 2 16 demonstrated, within the most recent consecutive three-year 2 17 period prior to the application for financing, a continuous 2 18 and flagrant disregard for the health and safety of its 2 19 employees or the quality of the environment. Violations of 2 20 environmental protection statutes, rules, or regulations shall 2 21 be reported for the most recent five-year period prior to 2 22 application. Evidence of such disregard shall include a 2 23 history of serious or uncorrected violations of state or 2 24 federal law protecting occupational health and safety or the 2 25 environment, including but not limited to serious or 2 26 uncorrected violations of occupational safety and health 2 27 standards enforced by the division of labor services of the 2 28 department ofemployment servicesworkforce development 2 29 pursuant to chapter 84A, or rules enforced by the 2 30 environmental protection division of the department of natural 2 31 resources pursuant to chapter 455B. 2 32 Sec. 7. Section 35A.1, subsection 4, Code 1999, is amended 2 33 to read as follows: 2 34 4. "Director" means the executive director appointed 2 35 pursuant to section35A.3, subsection 335A.8. 3 1 Sec. 8. Section 50.16, Code 1999, is amended to read as 3 2 follows: 3 3 50.16 TALLY LIST OF BOARD. 3 4 The tally list shall be prepared in writing by the election 3 5 board, giving, in legibly printed numerals, the total number 3 6 of people who cast ballots in the precinct, the total number 3 7 of ballots cast for each officer, except those rejected, the 3 8 name of each person voted for, and the number of votes given 3 9 to each person for each different office. The tally list 3 10 shall be signed by the precinct election officials, and be 3 11 substantially as follows: 3 12 At an election at ..... in ..... township, or in ..... 3 13 precinct of ..... city or township, in ..... county, state of 3 14 Iowa, on the ... day of ..... A.D. .., there were .. ballots 3 15 cast for the office of ..... of which 3 16A(Candidate's name) .........B..... had .. votes. 3 17C(Candidate's name) .........D..... had .. votes. 3 18 (and in the same manner for any other officer). 3 19 A true tally list: 3 20L(Election board member's name) ....M.......... Election Board 3 21N(Election board member's name) ....O.......... Members. 3 22P(Election board member's name) ....Q.......... 3 23 Attest: 3 24R(Tally Keeper's Name) .............S.......... Designated 3 25T(Tally Keeper's Name) .............U.......... Tally Keepers. 3 26 Sec. 9. Section 50.29, Code 1999, is amended to read as 3 27 follows: 3 28 50.29 CERTIFICATE OF ELECTION. 3 29 When any person is thus declared elected, there shall be 3 30 delivered to that person a certificate of election, under the 3 31 official seal of the county, in substance as follows: 3 32 STATE OF IOWA ) 3 33 ........ County. ) 3 34 At an election held in said county on the .. day of ...., 3 35 A.D. ..A .... B.... (candidate's name) was elected to the 4 1 office of .... for the term of .. years from the .. day of 4 2 ...., A.D. .. (or if elected to fill a vacancy, for the 4 3 residue of the term ending on the .. day of ...., A.D. ..), 4 4 and until a successor is elected and qualified. 4 5C...... D......, 4 6 President of Board of Canvassers. 4 7 Witness,E...... F......, 4 8 County Commissioner of Elections 4 9 (clerk). 4 10 Such certificate is presumptive evidence of the person's 4 11 election and qualification. 4 12 Sec. 10. Section 50.41, Code 1999, is amended to read as 4 13 follows: 4 14 50.41 CERTIFICATE OF ELECTION. 4 15 Each person declared elected by the state board of 4 16 canvassers shall receive a certificate, signed by the 4 17 governor, or, in the governor's absence, by the secretary of 4 18 state, with the seal of state affixed, attested by the other 4 19 canvassers, to be in substance as follows: 4 20 STATE OF IOWA: 4 21 ToA ...... B..... (candidate's name): It is hereby 4 22 certified that, at an election held on the .. day of .... you 4 23 were elected to the office of .... of Iowa, for the term of .. 4 24 years, from the ... day of ...... (or if to fill a vacancy, 4 25 for the residue of the term, ending on the .. day of ....). 4 26 Given at the seat of government this ... day of ...... 4 27 If the governor is absent, the certificate of the election 4 28 of the secretary of state shall be signed by the auditor. The 4 29 certificate to members of the legislature shall describe, by 4 30 the number, the district from which the member is elected. 4 31 Sec. 11. Section 62.11, Code 1999, is amended to read as 4 32 follows: 4 33 62.11 SUBPOENAS. 4 34 Subpoenas for witnesses may be issued at any time after the 4 35 notice of trial is served, either by the county treasurer or 5 1 by the county auditor, and shall command the witnesses to 5 2 appear at ........, on ......, to testify in relation to a 5 3 contested election, whereinA ......... B......... (Insert 5 4 contestant's name) is contestant andC ......... D......... 5 5 (Insert incumbent's name) is incumbent. 5 6 Sec. 12. Section 86.17, subsection 1, Code Supplement 5 7 1999, is amended to read as follows: 5 8 1. Notwithstanding the provisions of section 17A.11, the 5 9industrialworkers' compensation commissioner or a deputy 5 10industrialworkers' compensation commissioner shall preside 5 11 over any contested case proceeding brought under this chapter, 5 12 chapter 85, 85A, or 85B in the manner provided by chapter 17A. 5 13 The deputy commissioner or the commissioner may make such 5 14 inquiries in contested case proceedings as shall be deemed 5 15 necessary, so long as such inquiries do not violate any of the 5 16 provisions of section 17A.17. 5 17 Sec. 13. Section 124.401F, subsection 2, paragraph b, Code 5 18 Supplement 1999, is amended to read as follows: 5 19 b. Possesses or transports anhydrous ammonia in a 5 20 container or receptacle which is not authorized to hold 5 21 anhydrous ammonia according to rules adopted by the secretary 5 22 of agriculture. 5 23 Sec. 14. Section 135.11, subsection 18, Code Supplement 5 24 1999, is amended to read as follows: 5 25 18. Consult with the office of statewide clinical 5 26 education programs at the university of Iowa college of 5 27 medicine and annually submit a report to the general assembly 5 28 by January 15 verifying the number of physicians in active 5 29 practice in Iowa by county who are engaged in providing 5 30 obstetrical care. To the extent data are readily available, 5 31 the report shall include information concerning the number of 5 32 deliveries per year by specialty and county, the age of 5 33 physicians performing deliveries, and the number of current 5 34 year graduates of the university of Iowa college of medicine 5 35 and theuniversity of osteopathic medicine and health sciences6 1 Des Moines university – osteopathic medical center entering 6 2 into residency programs in obstetrics, gynecology, and family 6 3 practice. The report may include additional data relating to 6 4 access to obstetrical services that may be available. 6 5 Sec. 15. Section 135.22A, subsection 1, paragraph a, Code 6 6 Supplement 1999, is amended to read as follows: 6 7 a. "Brain injury" meansana brain injuryto the brainas 6 8 defined in section 135.22. 6 9 Sec. 16. Section 135.107, subsection 3, paragraph d, 6 10 subparagraph (1), Code 1999, is amended to read as follows: 6 11 (1) The Iowa department of public health, in cooperation 6 12 with a primary care collaborative effort including the 6 13 university of Iowa college of medicine, theuniversity of6 14osteopathic medicine and health sciencesDes Moines university 6 15 – osteopathic medical center, and other primary care 6 16 professional educational institutions in Iowa, shall develop 6 17 and establish area health education centers. The effort shall 6 18 involve making application for a federal grant under 42 U.S.C. 6 19 } 293j, as prescribed by that section. 6 20 Sec. 17. Section 135.107, subsection 4, Code 1999, is 6 21 amended to read as follows: 6 22 4. The director of public health shall establish a primary 6 23 care collaborative work group to coordinate all statewide 6 24 recruitment and retention activities established pursuant to 6 25 this section and to make recommendations to the department and 6 26 the center for rural health and primary care relating to the 6 27 implementation of subsection 3. Membership of the work group 6 28 shall consist, at a minimum, of representatives from the 6 29 university of Iowa college of medicine,university of6 30osteopathic medicine and health sciencesDes Moines university 6 31 – osteopathic medical center, university of Iowa physician 6 32 assistant school, university of Iowa nurse practitioner 6 33 school,university of osteopathic medicine and health sciences6 34 Des Moines university – osteopathic medical center physician 6 35 assistant program, Iowa-Nebraska primary care association, 7 1 Iowa medical society, Iowa osteopathic medical association, 7 2 Iowa chapter of American college of osteopathic family 7 3 physicians, Iowa academy of family physicians, nurse 7 4 practitioner association, Iowa nurses association, association 7 5 of Iowa hospitals and health systems, and Iowa physicians 7 6 assistants association. 7 7 Sec. 18. Section 139B.1, subsection 1, paragraph a, Code 7 8 Supplement 1999, is amended to read as follows: 7 9 a. "Contagious or infectious disease" means hepatitis in 7 10 any form, meningococcal disease, tuberculosis, and any other 7 11 disease with the exception of AIDS or HIV infection as defined 7 12 in section 141A.1, determined to be life-threatening to a 7 13 person exposed to the disease as established by rules adopted 7 14 by the department based upon a determination by the state 7 15 epidemiologist and in accordance with guidelines of the 7 16 centers for disease control and preventionand controlof the 7 17 United States department of health and human services. 7 18 Sec. 19. Section 161B.1, subsection 2, paragraph f, Code 7 19 1999, is amended to read as follows: 7 20 f. State university of Iowa department ofpreventative7 21 preventive medicine and environmental health. 7 22 Sec. 20. Section 163A.1, subsection 9, paragraph b, 7 23 unnumbered paragraphs 1 and 3, Code 1999, are amended to read 7 24 as follows: 7 25 A herd which has been tested pursuant to a test approved by 7 26 rule of the Iowa department of agriculture and land 7 27 stewardship pursuant to chapter 17A, which test is in 7 28 compliance with the recommended uniform methods and rules of 7 29 the animal and plant health inspection service of the United 7 30 States department of agriculture. 7 31 If the Iowa department of agriculture and land stewardship 7 32 adopts a rule under paragraph "b" of this subsection and the 7 33 recommended uniform methods and rules of the animal and plant 7 34 health inspection service of the United States department of 7 35 agriculture are subsequently changed, the Iowa department of 8 1 agriculture and land stewardship shall not change its rule if 8 2 the effect would be to make less restrictive the standards or 8 3 procedures for validating a brucellosis-free herd. 8 4 Sec. 21. Section 166.42, unnumbered paragraph 1, Code 8 5 Supplement 1999, is amended to read as follows: 8 6 The secretary may establish a reserve supply of biological 8 7 products of approved modified live virus hog-cholera vaccine 8 8 and of anti-hog-cholera serum or its equivalent in antibody 8 9 concentrate to be used as directed by the secretary in the 8 10 event of an emergency resulting from a hog-cholera outbreak. 8 11 Vaccine and serum or antibody concentrate from the reserve 8 12 supply, if used for such an emergency, shall be made available 8 13 to swine producers at a price which will not result in a 8 14 profit. Payment shall be made by the producer to the 8 15 department and such vaccine shall be administered by a 8 16 licensed practicing veterinarian. The secretary may cooperate 8 17 with other states in the accumulation, maintenance and 8 18 disbursement of such reserve supply of biological products. 8 19 The secretary, with the advice and written consent of the 8 20 state veterinarian, and the advice and written consent of the 8 21 veterinarian-in-charge for Iowa of the animal,and plant, and8 22 health inspection service–veterinary services, United States 8 23 department of agriculture, shall determine when an emergency 8 24 resulting from a hog-cholera outbreak exists. 8 25 Sec. 22. Section 184A.1A, subsection 4, Code Supplement 8 26 1999, is amended to read as follows: 8 27 4. Within thirty days after approval at the referendum to 8 28 establish a council and to impose an assessment, the 8 29 department shall organize the council as provided in section 8 30 184A.1B. 8 31 Sec. 23. Section 229A.5A, subsection 1, Code Supplement 8 32 1999, is amended to read as follows: 8 33 1. The prosecuting attorney or attorney general is 8 34 authorized upon the occurrence of a recent overt act, or upon 8 35 receiving written notice pursuant to section 229A.3, or before 9 1 the filing of a petition under this chapter, to subpoena and 9 2 compel the attendance of witnesses, examine the witnesses 9 3 under oath, and require the production of documentary evidence 9 4 for inspection, reproduction, or copying. Except as otherwise 9 5 provided by this section, the prosecuting attorney or attorney 9 6 general shall have the same powers and limitations, subject to 9 7 judicial oversight and enforcement, as provided by this 9 8 chapter and by the Iowa rules of civil procedure. Any person 9 9 compelled to appear under a demand for oral testimony under 9 10 this section may be accompanied, represented, and advised by 9 11 counsel attheirthe person's own expense. 9 12 Sec. 24. Section 229A.7, subsection 5, Code Supplement 9 13 1999, is amended to read as follows: 9 14 5. If the court or jury is not satisfied beyond a 9 15 reasonable doubt that the respondent is a sexually violent 9 16 predator, the court shall direct the respondent's release. 9 17 Upon a mistrial, the court shall direct that the respondent be 9 18 held at an appropriate secure facility until another trial is 9 19 conducted. Any subsequent trial following a mistrial shall be 9 20 held within ninety days of the previous trial, unless such 9 21 subsequent trial is continued as provided in subsection12. 9 22 Sec. 25. Section 235C.3, subsection 2, paragraph b, Code 9 23 Supplement 1999, is amended to read as follows: 9 24 b. A health professional training campaign, including 9 25 recommendations concerning the curriculum offered at the 9 26 college of medicine at the state university of Iowa andthe9 27university of osteopathic medicine and health sciencesDes 9 28 Moines university – osteopathic medical center, providing 9 29 assistance in the identification of women at risk of substance 9 30 abuse during pregnancy and strategies to be employed in 9 31 assisting those women to maintain healthy lifestyles during 9 32 pregnancy. This education campaign shall offer information to 9 33 health professionals on assessment, laboratory testing, and 9 34 referrals. 9 35 Sec. 26. Section 237A.23, subsection 1, Code Supplement 10 1 1999, is amended to read as follows: 10 2 1. The departments of education, public health, and human 10 3 services shall jointly establish a leadership council for 10 4 child care training and development in this state. In 10 5 addition to representatives of the three departments, the 10 6 leadership council shall include but is not limited to 10 7 representatives of community colleges, institutions of higher 10 8 learning under the state board of regents and private 10 9 institutions of higher education, the Iowa cooperative 10 10 extension service in agriculture and home economics, and child 10 11 care resource and referral service agencies. 10 12 Sec. 27. Section 255.26, unnumbered paragraph 1, Code 10 13 1999, is amended to read as follows: 10 14 Warrants issued under section 255.25 shall be promptly 10 15 drawn on the treasurer of state and forwarded by the director 10 16 of revenue and finance to the treasurer of the state 10 17 university, and the same shall be by the treasurer of the 10 18 state university placed to the credit of the funds which are 10 19 set aside for the support of the university hospital. 10 20However, warrants shall not be paid unless the UB-82 claim10 21required pursuant to section 255A.13 has been filed with the10 22community health management information system.The 10 23 superintendent of the university hospital shall certify to the 10 24 auditor of state on the first day of January, April, July, and 10 25 October of each year, the amount as herein provided not 10 26 previously certified by the superintendent due the state from 10 27 the several counties having patients chargeable thereto, and 10 28 the auditor of state shall thereupon charge the same to the 10 29 county so owing. A duplicate certificate shall also be mailed 10 30 to the auditor of each county having patients chargeable 10 31 thereto. Expenses for obstetrical patients served under 10 32 section 255A.9 shall be reimbursed as specified in section 10 33 255A.9. 10 34 Sec. 28. Section 255A.13, Code 1999, is amended to read as 10 35 follows: 11 1 255A.13 DATA COLLECTION. 11 2Beginning July 1, 1987, theThe university of Iowa 11 3 hospitals and clinics shall submit, on a quarterly basis,UB-11 482UB-92 claims for all patients discharged after being served 11 5 under the indigent patient program under chapter 255.The UB-11 682 claim shall include all data elements which are required by11 7the community health management information system.11 8 Sec. 29. Section 257.46, subsection 2, Code Supplement 11 9 1999, is amended to read as follows: 11 10 2. The remaining portion of the budget shall be funded by 11 11 the thirty-eight dollar increase in allowable growth for the 11 12 school budget year beginning July 1, 1999, increased by the 11 13 growth of the regular program district cost each year. School 11 14 districts shall annually report the amount expended for a 11 15 gifted and talented program to the department of education. 11 16 The proportion of a school district's budget which corresponds 11 17 to the thirty-eight dollar increase in allowable growth for 11 18 the school budget year beginning July 1, 1999, added to the 11 19 amount in subsection 1, shall be utilized exclusively for a 11 20 school district's gifted and talentedand giftedprogram. 11 21 Sec. 30. Section 261.19, Code 1999, is amended to read as 11 22 follows: 11 23 261.19 OSTEOPATHIC PHYSICIAN RECRUITMENT PROGRAM. 11 24 1. A physician recruitment program is established, to be 11 25 administered by the college student aid commission, forthe11 26university of osteopathic medicine and health sciences of Des11 27Moines, IowaDes Moines university – osteopathic medical 11 28 center. The program shall consist of a forgivable loan 11 29 program and a tuition scholarship program for students and a 11 30 loan repayment program for physicians. The commission shall 11 31 regularly adjust the physician service requirement under each 11 32 aspect of the program to provide, to the extent possible, an 11 33 equal financial benefit for each period of service required. 11 34 From funds appropriated for purposes of the program by the 11 35 general assembly, the commission shall pay a fee tothe12 1university of osteopathic medicine and health sciencesDes 12 2 Moines university – osteopathic medical center for the 12 3 administration of the program. A portion of the fee shall be 12 4 paid by the commission to the university based upon the number 12 5 of physicians recruited under subsection 4. 12 6 2. A forgivable loan may be awarded to a resident of Iowa 12 7 who is enrolled atthe university of osteopathic medicine and12 8health sciencesDes Moines university – osteopathic medical 12 9 center if the student agrees to practice in this state for a 12 10 period of time to be determined by the commission at the time 12 11 the loan is awarded. Forgivable loans to eligible students 12 12 shall not become due and interest on the loan shall not accrue 12 13 until after the student completes a residency program. If the 12 14 student completes the period of practice established by the 12 15 commission and agreed to by the student, the loan amount shall 12 16 be forgiven. The loan amount shall not be forgiven if the 12 17 osteopathic physician fails to complete the required time 12 18 period of practice in this state or fails to satisfactorily 12 19 continue in the university's program of medical education. 12 20 3. A student enrolled atthe university of osteopathic12 21medicine and health sciencesDes Moines university – 12 22 osteopathic medical center shall be eligible for a tuition 12 23 scholarship for the student's study at the university. The 12 24 scholarship shall be for an amount not to exceed the annual 12 25 tuition at the university. A student who receives a tuition 12 26 scholarship shall not be eligible for the loan repayment 12 27 program provided for by this section. A student who receives 12 28 a tuition scholarship shall agree to practice in an eligible 12 29 rural community in this state for a period of time to be 12 30 determined by the commission at the time the scholarship is 12 31 awarded. The student shall repay the scholarship to the 12 32 commission if the student fails to practice in a medically 12 33 underserved rural community in this state for the required 12 34 period of time. 12 35 4. A physician shall be eligible for the physician loan 13 1 repayment program if the physician agrees to practice in an 13 2 eligible rural community in this state.The university of13 3osteopathic medicine and health sciencesDes Moines university 13 4 – osteopathic medical center shall recruit and place 13 5 physicians in rural communities which have agreed to provide 13 6 additional funds for the physician's loan repayment. The 13 7 contract for the loan repayment shall stipulate the time 13 8 period the physician shall practice in an eligible rural 13 9 community in this state. In addition, the contract shall 13 10 stipulate that the physician repay any funds paid on the 13 11 physician's loan by the commission if the physician fails to 13 12 practice in an eligible rural community in this state for the 13 13 required period of time. For purposes of this subsection, 13 14 "eligible rural community" means a medically underserved rural 13 15 community which agrees to match state funds provided on at 13 16 least a dollar-for-dollar basis for the loan repayment of a 13 17 physician who practices in the community. 13 18 5. The commission shall adopt rules pursuant to chapter 13 19 17A to administer this section. 13 20 Sec. 31. Section 263.17, subsection 2, paragraph a, 13 21 subparagraph (1), Code 1999, is amended to read as follows: 13 22 (1) The state university of Iowa department of 13 23preventativepreventive medicine and environmental health. 13 24 Sec. 32. Section 279.51, subsection 2, paragraph b, 13 25 subparagraph (1), Code Supplement 1999, is amended to read as 13 26 follows: 13 27 (1) To school districts to establish programs forthree-13 28year-three-year-old,four-year-four-year-old, and five-year- 13 29 old at-risk children which are a combination of preschool and 13 30 full-day kindergarten. 13 31 Sec. 33. Section 359A.18, subsection 5, Code 1999, is 13 32 amended to read as follows: 13 33 5. A fence consisting of four parallel, coated steel, 13 34 smooth high-tensile wire which meets requirements adopted by 13 35 the American societyoffor testing and materials, including 14 1 but not limited to requirements relating to the grade, tensile 14 2 strength, elongation, dimensions, and tolerances of the wire. 14 3 The wire must be firmly fastened to plastic, metal, or wooden 14 4 posts securely planted in the earth. The posts shall not be 14 5 more than two rods apart. The top wire shall be at least 14 6 forty inches in height. 14 7 Sec. 34. Section 422.45, subsections 38A and 38B, Code 14 8 Supplement 1999, are amended to read as follows: 14 9 38A. The gross receipts from the sale or rental of 14 10 aircraft; the sale or rental of tangible personal property 14 11 permanently affixed or attached as a component part of the 14 12 aircraft, including but not limited to repair or replacement 14 13 materials or parts; and the gross receipts of all services 14 14 used for aircraft repair, remodeling, and maintenance services 14 15 when such services are performed on aircraft, aircraft 14 16 engines, or aircraft component materials or parts. For the 14 17 purposes of this exemption, "aircraft" means aircraft used in 14 18 a scheduled interstate federal aviationadministration-14 19certifiedadministration certificated air carrier operation. 14 20 38B. The gross receipts from the sale or rental of 14 21 tangible personal property permanently affixed or attached as 14 22 a component part of the aircraft, including but not limited to 14 23 repair or replacement materials or parts; and the gross 14 24 receipts of all services used for aircraft repair, remodeling, 14 25 and maintenance services when such services are performed on 14 26 aircraft, aircraft engines, or aircraft component materials or 14 27 parts. For the purposes of this exemption, "aircraft" means 14 28 aircraft used in a nonscheduled interstate federal aviation 14 29administration-certifiedadministration certificated air 14 30 carrier operation operating under 14 C.F.R. ch. 1, pt. 135. 14 31 Sec. 35. Section 422.121, Code Supplement 1999, is amended 14 32 to read as follows: 14 33 422.121 APPROPRIATION – LIMITATION. 14 34 Beginning with the fiscal year beginning July 1, 1997, 14 35 there is appropriated annually from the general fund of the 15 1 state two million dollars to refund the credits allowed under 15 2 this division. Notwithstanding section 422.120, for tax years 15 3 beginning on or after January 1, 1997, the livestock 15 4 production tax credit shall only be allowed for cow-calf 15 5 operations. In calculating the tax credit for cow-calf 15 6 operations for tax years beginning in the 1997 calendar year, 15 7 mature beef cows bred or for breeding, bred yearling heifers, 15 8 and breeding bulls in the operations' inventory on December 31 15 9 of the tax year which were also in theoperationsoperations' 15 10 inventory on July 1 of the tax year and stockers and feeders 15 11 sold during the tax year may be counted. In calculating the 15 12 tax credit for cow-calf operations for tax years beginning on 15 13 or after January 1, 1998, only those bred cows, bred heifers, 15 14 and breeding bulls in the operations' inventory on December 31 15 15 of the tax year which were also in theoperationsoperations' 15 16 inventory on July 1 of the tax year may be counted. 15 17 Sec. 36. Section 422B.1, subsection 6, paragraph b, Code 15 18 Supplement 1999, is amended to read as follows: 15 19 b. Within ten days of the election at which a majority of 15 20 those voting on the question favors the imposition, repeal, or 15 21 change in the rate of a local option tax, the county auditor 15 22 shall give written notice by sending a copy of the abstract of 15 23 theballotvotes from the favorable election to the director 15 24 of revenue and finance or, in the case of a local vehicle tax, 15 25 to the director of the department of transportation, of the 15 26 result of the election. 15 27 Sec. 37. Section 422E.2, subsection 4, paragraph b, 15 28 unnumbered paragraph 1, Code Supplement 1999, is amended to 15 29 read as follows: 15 30 Within ten days of the election at which a majority of 15 31 those voting on the question favors the imposition, repeal, or 15 32 change in the rate of the tax, the county auditor shall give 15 33 written notice by sending a copy of the abstract ofballotthe 15 34 votes from the favorable election to the director of revenue 15 35 and finance of the result of the election. Election costs 16 1 shall be apportioned among school districts within the county 16 2 on a pro rata basis in proportion to the number of registered 16 3 voters in each school district and the total number of 16 4 registered voters in all of the school districts within the 16 5 county. 16 6 Sec. 38. Section 423.4, subsections 18 and 19, Code 16 7 Supplement 1999, are amended to read as follows: 16 8 18. Aircraft; tangible personal property permanently 16 9 affixed or attached as a component part of the aircraft, 16 10 including but not limited to repair or replacement materials 16 11 or parts; and all services used for aircraft repair, 16 12 remodeling, and maintenance services when such services are 16 13 performed on aircraft, aircraft engines, or aircraft component 16 14 materials or parts. For the purposes of this exemption, 16 15 "aircraft" means aircraft used in a scheduled interstate 16 16 federal aviation administrationcertifiedcertificated air 16 17 carrier operation. 16 18 19. Tangible personal property permanently affixed or 16 19 attached as a component part of the aircraft, including but 16 20 not limited to repair or replacement materials or parts; and 16 21 all services used for aircraft repair, remodeling, and 16 22 maintenance services when such services are performed on 16 23 aircraft, aircraft engines, or aircraft component materials or 16 24 parts. For the purposes of this exemption, "aircraft" means 16 25 aircraft used in a nonscheduled interstate federal aviation 16 26 administrationcertifiedcertificated air carrier operation 16 27 operating under 14 C.F.R. ch. 1, pt. 135. 16 28 Sec. 39. Section 427.1, subsection 14, unnumbered 16 29 paragraph 2, Code Supplement 1999, is amended to read as 16 30 follows: 16 31 The assessor, in arriving at the valuation of any property 16 32 of the society or organization, shall take into consideration 16 33 any uses of the property not for the appropriate objects of 16 34 the organization and shall assess in the same manner as other 16 35 property, all or any portion of the property involved which is 17 1 leased or rented and is used regularly for commercial purposes 17 2 for a profit to a party or individual. If a portion of the 17 3 property is used regularly for commercial purposes an 17 4 exemption shall not be allowed upon property so used and the 17 5 exemption granted shall be in the proportion of the value of 17 6 the property used solely for the appropriate objects of the 17 7 organization, to the entire value of the property. However, 17 8 the board of trustees or the board of directors of a hospital, 17 9 as defined in section 135B.1,subsection 1,may permit use of 17 10 a portion of the hospital for commercial purposes, and the 17 11 hospital is entitled to full exemption for that portion used 17 12 for nonprofit health-related purposes, upon compliance with 17 13 the filing requirements of this subsection. 17 14 Sec. 40. Section 427B.4, unnumbered paragraph 1, Code 17 15 1999, is amended to read as follows: 17 16 An application shall be filed for each project resulting in 17 17 actual value added for which an exemption is claimed. The 17 18 application for exemption shall be filed by the owner of the 17 19 property with the local assessor by February 1 of the 17 20 assessment year in which the value added is first assessed for 17 21 taxation. Applications for exemption shall be made on forms 17 22 prescribed by the director of revenue and finance and shall 17 23 contain information pertaining to the nature of the 17 24 improvement, its cost, and other information deemed necessary 17 25 by the director of revenue and finance. 17 26 Sec. 41. Section 448.2, Code 1999, is amended to read as 17 27 follows: 17 28 448.2 FORM. 17 29 Deeds executed by the county treasurer shall be 17 30 substantially in the following form: 17 31 KNOW ALL PERSONS BY THESE PRESENTS, that the following 17 32 described parcel: (Here follows the description), situated in 17 33 the county of ...... and state of Iowa, was subject to taxes 17 34 for the year (or years) A.D. ...., and the taxes on the parcel 17 35 for the year (or years) stated remained due and unpaid at the 18 1 date of the sale; and the treasurer of the county, on the .... 18 2 day of ......, A.D. ...., by virtue of the authority vested by 18 3 law in the treasurer, at (an adjournment of) the sale begun 18 4 and publicly held on the third Monday of June, A.D. ...., 18 5 exposed to public sale at the office of the county treasurer 18 6 in the county named, in substantial conformity with all the 18 7 requirements of the statute, the parcel described, for the 18 8 payment of the total amount then due and remaining unpaid on 18 9 the parcel, and at that time and placeA ..... B....., of the 18 10 county of ........ and state of ......, offered to pay the 18 11 sum of .. dollars and .. cents, being the total amount then 18 12 due and remaining unpaid on the parcel, for (here follows the 18 13 description of the parcel sold) which was the least quantity 18 14 bid for, and payment of that sum was made by that person to 18 15 the treasurer, the parcel was stricken off to that person at 18 16 that price; andA ..... B..... did, on the ... day of 18 17 ......, A.D. ...., assign the certificate of the sale of the 18 18 parcel and all right, title, and interest to the parcel toE18 19..... F..... of the county of ....... and state of ......; 18 20 and by the affidavit of ......., filed in the treasurer's 18 21 office on the ... day of ......, A.D. ...., it appears that 18 22 notice has been given more than ninety days before the 18 23 execution of this deed to ..... and ..... of the expiration of 18 24 the time of redemption allowed by law; and two years have 18 25 elapsed since the date of the sale, and the parcel has not 18 26 been redeemed: 18 27 Now, I,C ..... D....., treasurer of the county, for the 18 28 consideration of the stated sum paid to the treasurer and by 18 29 virtue of law, have granted, bargained, and sold, and by these 18 30 presents do grant, bargain, and sell toA ..... B..... (orE18 31..... F.....), and that person's heirs and assigns, the 18 32 parcel described, to have and to hold unto that person (orE18 33..... F.....), and that person's heirs and assigns, forever; 18 34 subject, however, to all the rights of redemption provided by 18 35 law. In witness whereof, I,C ..... D....., treasurer of 19 1 ...... county, by virtue of the authority vested in me, have 19 2 subscribed my name on this .... day of ......, A.D. .... 19 3 .................... 19 4 Treasurer 19 5 State of Iowa, ) 19 6 ......County. ) ss. 19 7 I certify that before me, ........, in and for said county, 19 8 personally appeared the above namedC ..... D....., treasurer 19 9 of the county, personally known to me to be the treasurer of 19 10 the county at the date of the execution of the above 19 11 conveyance, and to be the identical person whose name is 19 12 affixed to and who executed the above conveyance as treasurer 19 13 of the county, and acknowledged the execution of the 19 14 conveyance to be the treasurer's voluntary act and deed as 19 15 treasurer of the county, for the purposes expressed in the 19 16 conveyance. 19 17 Given under my hand (and seal) this .... day of ......, 19 18 A.D. .... 19 19 Sec. 42. Section 453C.1, subsection 9, paragraph a, Code 19 20 Supplement 1999, is amended to read as follows: 19 21 a. Manufactures cigarettes anywhere that such manufacturer 19 22 intends to be sold in the United States, including cigarettes 19 23 intended to be sold in the United States through an importer, 19 24 except where such importer is an original participating 19 25 manufacturer, as that term is defined in the master settlement 19 26 agreement, that will be responsible for the payments under the 19 27 master settlement agreement with respect to such cigarettes as 19 28 a result of the provisions ofthesubsection II(mm) of the 19 29 master settlement agreement and that pays the taxes specified 19 30 in subsection II(z) of the master settlement agreement and 19 31 provided that the manufacturer of such cigarettes does not 19 32 market or advertise such cigarettes in the United States. 19 33 Sec. 43. Section 455B.173, subsection 8, Code Supplement 19 34 1999, is amended to read as follows: 19 35 8. Formulate and adopt specific and detailed statewide 20 1 standards pursuant to chapter 17A for review of plans and 20 2 specifications and the construction of sewer systems and water 20 3 supply distribution systems and extensions to such systems not 20 4 later than October 1, 1977. The standards shall be based on 20 5 criteria contained in the "Recommended Standards for Sewage 20 6 Works" and "Recommended Standards for Water Works" (Ten States 20 7 Standards) as adopted by the Great Lakes-Upper Mississippi 20 8 River board of state sanitary engineers, design manuals 20 9 published by the department, applicable federal guidelines and 20 10 standards, standard textbooks, current technical literature 20 11 and applicable safety standards. The material standards for 20 12 polyvinyl chloride pipe shall not exceed the specifications 20 13 for polyvinyl chloride pipe in designations D-1784-69, D-2241- 20 14 73, D-2564-76, D-2672-76, D-3036-73 and D-3139-73 of the 20 15 American societyoffor testing andmaterialmaterials. The 20 16 rules adopted which directly pertain to the construction of 20 17 sewer systems and water supply distribution systems and the 20 18 review of plans and specifications for such construction shall 20 19 be known respectively as the Iowa Standards for Sewer Systems 20 20 and the Iowa Standards for Water Supply Distribution Systems 20 21 and shall be applicable in each governmental subdivision of 20 22 the state. Exceptions shall be made to the standards so 20 23 formulated only upon special request to and receipt of 20 24 permission from the department. The department shall publish 20 25 the standards and make copies of such standards available to 20 26 governmental subdivisions and to the public. 20 27 Sec. 44. Section 455B.474, subsection 1, paragraph d, 20 28 subparagraph (2), subparagraph subdivision (d), Code 20 29 Supplement 1999, is amended to read as follows: 20 30 (d) For purposes of classifying a site as either low risk 20 31 or no action required, the department shall rely upon the 20 32 example tier one risk-based screening level look-up table of 20 33 the American society for testingofand materials' emergency 20 34 standard, ES38-94, or other look-up table as determined by the 20 35 department by rule. 21 1 Sec. 45. Section 455B.474, subsection 1, paragraph f, 21 2 subparagraph (4), subparagraph subdivision (e), Code 21 3 Supplement 1999, is amended to read as follows: 21 4 (e) Risk-based corrective action assessment principles 21 5 which identify the risks presented to the public health and 21 6 safety or the environment by each release in a manner that 21 7 will protect the public health and safety or the environment 21 8 using a tiered procedure consistent with the American society 21 9 for testingofand materials' emergency standard, ES38-94. 21 10 Sec. 46. Section 514.7, unnumbered paragraph 1, Code 21 11 Supplement 1999, is amended to read as follows: 21 12 The contracts by any such corporation with the subscribers 21 13 for health care service shall at all times be subject to the 21 14 approval of the commissioner of insurance. Thecommission21 15 commissioner shall require that participating pharmacies be 21 16 reimbursed by the pharmaceutical service corporation at rates 21 17 or prices equal to rates or prices charged nonsubscribers, 21 18 unless the commissioner determines otherwise to prevent loss 21 19 to subscribers. 21 20 Sec. 47. Section 514E.1, subsection 12, Code 1999, is 21 21 amended to read as follows: 21 22 12. "Health care facility" means a health care facility as 21 23 defined in section 135C.1,subsection 6,a hospital as defined 21 24 in section 135B.1,subsection 1,or a community mental health 21 25 center established under chapter 230A. 21 26 Sec. 48. Section 522A.3, subsection 5, paragraph d, Code 21 27 Supplement 1999, is amended to read as follows: 21 28 d. A fee, compensation, or commission is not paid to an 21 29 employee by a rental company dependentbasedsolely on the 21 30 sale of insurance under any limited license issued pursuant to 21 31 this section. 21 32 Sec. 49. Section 554.12105, subsections 2 and 3, Code 21 33 1999, are amended to read as follows: 21 34 2. Other definitions applying to this article and the 21 35 sections in which they appear are: 22 1 "Acceptance" Section 554.12209 22 2 "Beneficiary" Section 554.12103 22 3 "Beneficiary's bank" Section 554.12103 22 4 "Executed" Section 554.12301 22 5 "Execution date" Section 554.12301 22 6 "Funds transfer" Section 554.12104 22 7 "Funds-transfer system rule" Section 554.12501 22 8 "Governing law" Section 554.12507 22 9 "Intermediary bank" Section 554.12104 22 10 "Originator" Section 554.12104 22 11 "Originator's bank" Section 554.12104 22 12 "Payment by beneficiary's bank 22 13 to beneficiary" Section 554.12405 22 14 "Payment by originator 22 15 to beneficiary" Section 554.12406 22 16 "Payment by sender to 22 17 receiving bank" Section 554.12403 22 18 "Payment date" Section 554.12401 22 19 "Payment order" Section 554.12103 22 20 "Receiving bank" Section 554.12103 22 21 "Security procedure" Section 554.12201 22 22 "Sender" Section 554.12103 22 23 3. The following definitions in article 4 apply to this 22 24 article: 22 25 "Clearing house" Section 554.4104 22 26 "Item" Section 554.4104 22 27 "Suspends payments" Section 554.4104 22 28 Sec. 50. Section 598B.208, subsection 3, Code Supplement 22 29 1999, is amended to read as follows: 22 30 3. If a court dismisses a petition or stays a proceeding 22 31 because it declines to exercise its jurisdiction pursuant to 22 32 subsection 1, it shall assess against the party seeking to 22 33 invoke its jurisdiction necessary and reasonable expenses 22 34 including costs, communication expenses, attorney fees, 22 35 investigative fees, expenses for witnesses, travel expenses, 23 1 and child care expenses during the course of the proceedings, 23 2 unless the party from whom fees are sought establishes that 23 3 the assessment would be clearly inappropriate. The court 23 4 shall not assess fees, costs, or expenses against this state 23 5 unless authorized by law other than this chapter. 23 6 Sec. 51. Section 598B.312, subsection 1, Code Supplement 23 7 1999, is amended to read as follows: 23 8 1. The court shall award the prevailing party, including a 23 9 state, necessary and reasonable expenses incurred by or on 23 10 behalf of the party, including costs, communication expenses, 23 11 attorney fees, investigative fees, expenses for witnesses, 23 12 travel expenses, and child care expenses during the course of 23 13 the proceedings, unless the party from whom fees or expenses 23 14 are sought establishes that the award would be clearly 23 15 inappropriate. 23 16 Sec. 52. Section 637.202, subsection 2, paragraph b, Code 23 17 Supplement 1999, is amended to read as follows: 23 18 b. The beneficiary's fractional interest in the 23 19 undistributed principal assets must be calculated without 23 20 regard to property specifically given to a beneficiary and 23 21 property required tobepay pecuniary amounts not in trust. 23 22 Sec. 53. Section 663.8, Code 1999, is amended to read as 23 23 follows: 23 24 663.8 FORM OF WRIT. 23 25 If the petition is in accordance with the foregoing 23 26 requirements, and states sufficient grounds for the allowance 23 27 of the writ, it shall issue, and may be substantially as 23 28 follows: 23 29 The State of Iowa, 23 30 ToA...... B......: 23 31 You are hereby commanded to have the body ofC.... D...., 23 32 by you unlawfully detained, as is alleged, before the court 23 33 (or before me, or beforeE.... F...., judge, etc., as the case 23 34 may be), at ...., on .... (or immediately after being served 23 35 with this writ), to be dealt with according to law, and have 24 1 you then and there this writ, with a return thereon of your 24 2 doings in the premises. 24 3 Sec. 54. Section 692A.13, subsection 3, paragraph c, 24 4 subparagraphs (1) and (2), Code Supplement 1999, are amended 24 5 to read as follows: 24 6 (1) Persons who commit a criminal offense against a minor, 24 7 an aggravated offense, sexual exploitation, a sexually violent 24 8 offense, or an other relevant offense on or after the 24 9 effective date of this Act and who have been assessed to bea24 10 "moderate-risk" or "high-risk". 24 11 (2) Persons who committed an offense prior to July 1, 24 12 1999, and who have been assessed to bea"moderate-risk" or 24 13 "high-risk" and whose opportunity to request a hearing 24 14 regarding the assessment of risk has lapsed. 24 15 Sec. 55. 1999 Iowa Acts, chapter 112, section 9, is 24 16 amended by striking the amending phrase to the section and 24 17 inserting in lieu thereof the following: "Section 692A.5, 24 18 subsection 1, Code 1999, is amended by adding the following 24 19 new paragraph:" 24 20 DIVISION II 24 21 CENTURY DATE CHANGE 24 22 Sec. 56. Sections 6B.9, 28A.6, 52.21, 85.24, 96.14, 24 23 441.26, 448.15, 458A.22, 461B.5, 468.371, 468.553, 515.138, 24 24 558.26, 558.39, 558.57, 558.58, 558.66, 617.3, 633.279, 24 25 633.295, and 656.2, Code 1999, are amended by striking "day of 24 26 ___, 19__," and inserting in lieu thereof "day of ___ (month), 24 27 ____ (year),". 24 28 Sec. 57. Section 43.26, Code 1999, is amended by striking 24 29 "June, 19___" and inserting in lieu thereof "June, ____ 24 30 (year)". 24 31 Sec. 58. Section 46.9, Code 1999, is amended by striking 24 32 "January 31, 19___" and inserting in lieu thereof "January 31, 24 33 ____ (year)". 24 34 Sec. 59. Sections 52.9 and 52.38, Code 1999, are amended 24 35 by striking "election of ___, 19___" and inserting in lieu 25 1 thereof "election of _____ (date)". 25 2 Sec. 60. Sections 52.9 and 52.38, Code 1999, are amended 25 3 by striking "Dated ___ 19___" and inserting in lieu thereof 25 4 "Dated ____". 25 5 Sec. 61. Section 52.21, Code 1999, is amended by striking 25 6 "VOTING MACHINE RETURN AND TALLY SHEET ____ ELECTION ___ 25 7 19___, COUNTY OF ____" and inserting in lieu thereof "VOTING 25 8 MACHINE RETURN AND TALLY SHEET _____ ELECTION ____ (DATE), 25 9 COUNTY OF _______". 25 10 Sec. 62. Section 384.50, Code 1999, is amended to read as 25 11 follows: 25 12 384.50 NOTICE OF HEARING. 25 13 The clerk shall publish notice of the date, time, and place 25 14 of the hearing once each week for two consecutive weeks in the 25 15 manner provided by section 362.3, the first publication of 25 16 which shall be not less than ten days before the date of the 25 17 hearing. The notice must be in substantially the following 25 18 form: 25 19 NOTICE TO PROPERTY OWNERS 25 20 Notice is given that there is now on file for public 25 21 inspection in the office of the clerk of ........, Iowa, a 25 22 proposed resolution of necessity, an estimate of cost, and a 25 23 plat and schedule showing the amounts proposed to be assessed 25 24 against each lot and the valuation of each lot within a 25 25 district approved by the council of ........, Iowa, for a 25 26 ...... improvement of the type(s) and in the location(s) as 25 27 follows: 25 28 The council will meet at .. o'clock ...m., on ...., 19..25 29 (date), at the ......, at which time the owners of property 25 30 subject to assessment for the proposed improvement or any 25 31 other person having an interest in the matter may appear and 25 32 be heard for or against the making of the improvement, the 25 33 boundaries of the district, the cost, the assessment against 25 34 any lot, or the final adoption of a resolution of necessity. 25 35 A property owner will be deemed to have waived all objections 26 1 unless at the time of hearing the property owner has filed 26 2 objections with the clerk. 26 3 .................... 26 4 Clerk. 26 5 Not less than fifteen days before the hearing, the clerk 26 6 shall send a copy of the notice by mail to each property owner 26 7 whose property is subject to assessment for the improvement at 26 8 the address as shown by the records of the county auditor. If 26 9 a property is shown to be in the name of more than one owner 26 10 at the same mailing address, a single notice may be mailed 26 11 addressed to all owners at that address. Failure to receive a 26 12 mailed notice is not a defense to the special assessment. 26 13 Sec. 63. Sections 468.511, 558.25, and 558.39, Code 1999, 26 14 are amended by striking "day of ____, A.D. 19___" and 26 15 inserting in lieu thereof "day of ____ (month), ____ (year)". 26 16 Sec. 64. Section 602.6504, Code 1999, is amended by 26 17 striking "December 31, 19___" and inserting in lieu thereof 26 18 "December 31, ____ (year)". 26 19 Sec. 65. Section 614.14, subsection 2, Code Supplement 26 20 1999, is amended to read as follows: 26 21 2. A bona fide purchaser is a purchaser for value in good 26 22 faith and without notice of any adverse claim, who has relied 26 23 on a current, recorded affidavit in substantially the 26 24 following form delivered to the purchaser: 26 25 [Individual trustee] Affidavit in re [insert legal 26 26 description] 26 27 I, ....., being first duly sworn and under oath state of my 26 28 personal knowledge that: 26 29 1. I am the trustee under the trust dated ...,19..,to 26 30 which the above-described real estate was conveyed to the 26 31 trustee by ....., pursuant to an instrument recorded the .. 26 32 day of .... (month),19..(year), recorded in the office of the 26 33 ... County Recorder in ..... [insert recording data]. 26 34 2. I am the presently existing trustee under the trust and 26 35 am authorized to ... [describe the transfer to be made by the 27 1 trustee to the bona fide purchaser], without any limitation or 27 2 qualification whatsoever. 27 3 3. The trust is in existence and I as trustee am 27 4 authorized to transfer the interests in the real estate as 27 5 described in paragraph 2, free and clear of any adverse 27 6 claims. 27 7 .................... 27 8 [signature of affiant] 27 9 Sworn to and subscribed before me by ..... on this .. day 27 10 of ... (month),19..(year) 27 11 .................... 27 12 [Notary Public in and for the 27 13 State of ...] 27 14 [Corporate trustee] Affidavit in re [insert legal description] 27 15 I, ....., being first duly sworn and under oath state of my 27 16 personal knowledge that: 27 17 1. ..... is the trustee under the trust dated ...,19..,27 18 to which the above-described real estate was conveyed to the 27 19 trustee by ....., pursuant to an instrument recorded the ... 27 20 day of ... (month),19..(year), recorded in the office of the 27 21 ... County Recorder in ..... [insert recording data]. 27 22 2. ..... is the presently existing trustee under the trust 27 23 and is authorized to ... [describe the transfer to be made by 27 24 the trustee to the bona fide purchaser], without any 27 25 limitation or qualification whatsoever, and I am ..... 27 26 [officer] of the corporate trustee. 27 27 3. The trust is in existence and ..... as trustee is 27 28 authorized to transfer the interests in the real estate as 27 29 described in paragraph 2, free and clear of any adverse 27 30 claims. 27 31 .................... 27 32 [signature of affiant] 27 33 Sworn to and subscribed before me by ....., on this ... day 27 34 of ... (month),19..(year) 27 35 .................... 28 1 [Notary Public in and for the 28 2 State of ...] 28 3 Sec. 66. Section 633.230, subsection 1, Code 1999, is 28 4 amended to read as follows: 28 5 1. In intestate matters, the administrator, as soon as 28 6 letters are issued, shall cause to be published once each week 28 7 for two consecutive weeks in a daily or weekly newspaper of 28 8 general circulation published in the county in which the 28 9 estate is pending, and at any time during the pendency of 28 10 administration that the administrator has knowledge of the 28 11 name and address of a person believed to own or possess a 28 12 claim which will not or may not be paid or otherwise satisfied 28 13 during administration, provide by ordinary mail to each such 28 14 claimant at the claimant's last known address, a notice of 28 15 appointment which shall be in substantially the following 28 16 form: 28 17 NOTICE OF APPOINTMENT OF 28 18 ADMINISTRATOR AND 28 19 NOTICE TO CREDITORS 28 20 In the District Court of Iowa 28 21 in and for ...... County. 28 22 In the Estate of ......, Deceased 28 23 Probate No. ..... 28 24 To All Persons Interested in the Estate of .........., 28 25 Deceased, who died on or about ......, 19..(date): 28 26 You are hereby notified that on the ... day of 28 27 ......(month),19..(year), the undersigned was appointed 28 28 administrator of the estate. 28 29 Notice is hereby given that all persons indebted to the 28 30 estate are requested to make immediate payment to the 28 31 undersigned, and creditors having claims against the estate 28 32 shall file them with the clerk of the above named district 28 33 court, as provided by law, duly authenticated, for allowance, 28 34 and unless so filed by the later to occur of four months from 28 35 the second publication of this notice or one month from the 29 1 date of the mailing of this notice (unless otherwise allowed 29 2 or paid) a claim is thereafter forever barred. 29 3 Dated this ... day of ......(month),19..(year) 29 4 ................................................... 29 5 Administrator of the estate 29 6 ................................................... 29 7 Address 29 8 ................................................... 29 9 Attorney for the administrator 29 10 ................................................... 29 11 Address 29 12 Date of second publication ... day of ......(month), 29 1319..(year) (Date to be inserted by publisher) 29 14 Sec. 67. Section 633.304, unnumbered paragraph 3, Code 29 15 1999, is amended to read as follows: 29 16 The notice shall be substantially in the following form: 29 17 Notice of Probate of Will, 29 18 of Appointment of Executor, 29 19 and Notice to Creditors 29 20 In the District Court of Iowa 29 21 in and for .... County. Probate No. 29 22 .... 29 23 In the Estate of ......, Deceased 29 24 To All Persons Interested in the Estate of ......, Deceased, 29 25 who died on or about ....., 19..(date): 29 26 You are hereby notified that on the ... day of 29 27 ......(month),19..(year), the last will and testament of 29 28 ......, deceased, bearing date of the ... day of ......(month, 29 2919..(year), was admitted to probate in the above named court 29 30 and that ...... was appointed executor of the estate. Any 29 31 action to set aside the will must be brought in the district 29 32 court of said county within the later to occur of four months 29 33 from the date of the second publication of this notice or one 29 34 month from the date of mailing of this notice to all heirs of 29 35 the decedent and devisees under the will whose identities are 30 1 reasonably ascertainable, or thereafter be forever barred. 30 2 Notice is further given that all persons indebted to the 30 3 estate are requested to make immediate payment to the 30 4 undersigned, and creditors having claims against the estate 30 5 shall file them with the clerk of the above named district 30 6 court, as provided by law, duly authenticated, for allowance, 30 7 and unless so filed by the later to occur of four months from 30 8 the second publication of this notice or one month from the 30 9 date of mailing of this notice (unless otherwise allowed or 30 10 paid) a claim is thereafter forever barred. 30 11 Dated this ... day of ......(month),19..(year) 30 12 .................... 30 13 Executor of estate 30 14 .................... 30 15 Address 30 16 .......... 30 17 Attorney for executor 30 18 .......... 30 19 Address 30 20 Date of second publication 30 21 ... day of ......(month),19..(year) 30 22 (Date to be inserted by publisher) 30 23 Sec. 68. Section 633.305, unnumbered paragraph 3, Code 30 24 1999, is amended to read as follows: 30 25 The notice shall be substantially in the following form: 30 26 Notice of Proof of Will Without Administration 30 27 In the District Court of Iowa 30 28 in and for .... County. Probate No. 30 29 .... 30 30 In the Estate of ......, Deceased 30 31 To All Persons Interested in the Estate of ......, Deceased, 30 32 who died on or about .....(month),19..(year): 0 MARGINS L 30 33 You are hereby notified that on the ... day of 30 34 ......(month),19..(year), the last will and testament of 30 35 ......, deceased, bearing date of the ... day of 31 1 ......(month),19..(year), was admitted to probate in the 31 2 above named court and there will be no present administration 31 3 of the estate. Any action to set aside the will must be 31 4 brought in the district court of the county within the later 31 5 to occur of four months from the date of the second 31 6 publication of this notice or one month from the date of 31 7 mailing of this notice to all heirs of the decedent and 31 8 devisees under the will whose identities are reasonably 31 9 ascertainable, or thereafter be forever barred. 31 10 Dated this ... day of ......(month),19..(year) 31 11 .................... 31 12 Clerk of the district court 31 13 .......... 31 14 Attorney for estate 31 15 .......... 31 16 Address 31 17 Date of second publication 31 18 ... day of ......(month),19..(year) 31 19 (Date to be inserted by publisher) 31 20 31 21 31 22 31 23 BRENT SIEGRIST 31 24 Speaker of the House 31 25 31 26 31 27 31 28 MARY E. KRAMER 31 29 President of the Senate 31 30 31 31 I hereby certify that this bill originated in the House and 31 32 is known as House File 2136, Seventy-eighth General Assembly. 31 33 31 34 31 35 32 1 ELIZABETH ISAACSON 32 2 Chief Clerk of the House 32 3 Approved , 2000 32 4 32 5 32 6 32 7 THOMAS J. VILSACK 32 8 Governor
Text: HF02135 Text: HF02137 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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