Text: HF02571 Text: HF02573 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 MH/MR/DD ALLOWED GROWTH 1 3 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 1 4 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 1 5 AND ALLOCATIONS. There is appropriated from the general fund 1 6 of the state to the department of human services for the 1 7 fiscal year beginning July 1, 2001, and ending June 30, 2002, 1 8 the following amount, or so much thereof as is necessary, to 1 9 be used for the purpose designated: 1 10 For distribution to counties of the county mental health, 1 11 mental retardation, and developmental disabilities allowed 1 12 growth factor adjustment, in accordance with section 331.438, 1 13 subsection 2, and section 331.439, subsection 3, and chapter 1 14 426B: 1 15 .................................................. $ 25,784,846 1 16 The funding appropriated in this section is the allowed 1 17 growth factor adjustment for fiscal year 2001-2002, and is 1 18 allocated as follows: 1 19 1. For distribution to counties for fiscal year 2001-2002 1 20 in accordance with the formula in section 331.438, subsection 1 21 2, paragraph "b": 1 22 .................................................. $ 12,000,000 1 23 2. For deposit in the per capita expenditure target pool 1 24 created in the property tax relief fund pursuant to section 1 25 426B.5, subsection 1: 1 26 .................................................. $ 9,784,846 1 27 In addition to the requirement of section 426B.5, 1 28 subsection 1, paragraph "c", limiting eligibility for moneys 1 29 appropriated in this paragraph to counties levying the maximum 1 30 amount allowed, both of the following eligibility requirements 1 31 are applicable: 1 32 a. In the fiscal year beginning July 1, 2000, the county's 1 33 services fund ending balance under generally accepted 1 34 accounting principles was equal to or less than 35 percent of 1 35 the county's projected expenditures for that fiscal year. 2 1 b. The county is in compliance with the filing date 2 2 requirements under section 331.403. 2 3 3. For deposit in the incentive and efficiency pool 2 4 created in the property tax relief fund pursuant to section 2 5 426B.5, subsection 2: 2 6 .................................................. $ 2,000,000 2 7 4. For deposit in the risk pool created in the property 2 8 tax relief fund pursuant to section 426B.5, subsection 3: 2 9 .................................................. $ 2,000,000 2 10 DIVISION II 2 11 TRANSFER OF TOBACCO FUNDS – FY 2000-2001 2 12 Sec. 2. TRANSFER OF FUNDS – TOBACCO SETTLEMENT FUND. 2 13 From moneys deposited in the tobacco settlement fund created 2 14 in section 12.65, the sum of sixty-four million six hundred 2 15 thousand dollars is transferred to the general fund of the 2 16 state for the fiscal year beginning July 1, 2000, and ending 2 17 June 30, 2001. 2 18 DIVISION III 2 19 REDUCTION IN PHASE III MONEYS 2 20 Sec. 3. Section 294A.25, subsection 1, Code Supplement 2 21 1999, is amended to read as follows: 2 22 1. For the fiscal year beginning July 1,19982000, and 2 23 for each succeeding year, there is appropriated from the 2 24 general fund of the state to the department of education the 2 25 amount ofeighty-twoeighty million eight hundred ninety-one 2 26 thousand three hundred thirty-six dollars to be used to 2 27 improve teacher salaries. The moneys shall be distributed as 2 28 provided in this section. 2 29 DIVISION IV 2 30 MICROSOFT FUND 2 31 Sec. 4. NEW SECTION. 12.67 MICROSOFT SETTLEMENT FUND. 2 32 A Microsoft settlement fund is created in the office of the 2 33 treasurer of state. The state portion of any moneys paid to 2 34 the state by Microsoft in settlement of its federal antitrust 2 35 trial or the state's antitrust lawsuit shall be deposited in 3 1 the Microsoft settlement fund. Moneys deposited in the fund 3 2 shall be used only as provided in appropriations made by the 3 3 general assembly. 3 4 Notwithstanding section 12C.7, subsection 2, interest or 3 5 earnings on moneys in the Microsoft settlement fund shall be 3 6 credited to the Microsoft settlement fund. 3 7 DIVISION V 3 8 MISCELLANEOUS 3 9 Sec. 5. Section 100B.1, subsection 1, unnumbered paragraph 3 10 1, as enacted by 2000 Iowa Acts, House File 2492, section 8, 3 11 is amended to read as follows: 3 12 The state fire service and emergency response council is 3 13 established in the division of fire protection of the 3 14 department of public safety. The council shall consist of ten 3 15 voting members. Members of the state fire service and 3 16 emergency response council shall be appointed by the governor. 3 17 Appointments are not subject to the requirements of sections 3 18 69.16 and 69.16A. The governor shall appoint members from the 3 19 following organizations, chosen from a list of names submitted 3 20 by each of the following organizations: 3 21 Sec. 6. Section 166D.7, subsection 4, paragraph a, Code 3 22 1999, as amended by 2000 Acts, Senate File 2312, section 10, 3 23 is amended to read as follows: 3 24 a. The herd shall be certified when one hundred percent of 3 25 breeding swine have reacted negatively to a test. The herd 3 26 must have been free from infection for thirty days prior to 3 27 testing. At least ninety percent of swine in the herd must 3 28 have been on the premises as a part of the herd for at least 3 29 sixty days prior to testing, or swine in the herd must have 3 30 been directly moved or relocated from a qualified negative 3 31 herd or qualified differentiable negative herd. A 3 32 differentiable vaccine must be administered at intervals in 3 33 accordance with the package insert for that vaccine. To 3 34 remain certified, the herd must be retested and recertified as 3 35 provided by the department. The herd shall be recertified 4 1 when eachthirty daysmonth at leasttwenty-fiveten percent 4 2 of the herd's breeding swine react negatively to a test. 4 3 Sec. 7. EFFECTIVE DATE. Section 6 of this division of 4 4 this Act, being deemed of immediate importance, takes effect 4 5 upon enactment. 4 6 DIVISION VI 4 7 CORRECTIVE AMENDMENTS 4 8 Sec. 8. Section 2D.3, as enacted by 2000 Iowa Acts, House 4 9 File 2442, section 3, is amended to read as follows: 4 10 2D.3 LEGISLATIVE BRANCH PROTOCOL OFFICER. 4 11 The legislative service bureau shall employ a legislative 4 12 branch protocol officer to coordinate activities related to 4 13 state, national, and international visitors to the state 4 14 capitol or with an interest in the general assembly, and 4 15 related to travel of members of the general assembly abroad. 4 16 The protocol officer shall serve in a consultative capacity 4 17 and shall provide staff support to the international relations 4 18 advisory council. The protocol officer shall also work with 4 19 the executive branch protocol officer to coordinate state, 4 20 national, and international relations activities. The 4 21 legislative branch protocol officer shall submit periodic 4 22 reports to the international relations committee of the 4 23 legislative council regarding the visits of state, national, 4 24 and international visitors and regarding international 4 25 activities. 4 26 Sec. 9. Section 30.2, subsection 2, Code 1999, is amended 4 27 to read as follows: 4 28 2. The commission is composed of twelve members appointed 4 29 by the governor. One member shall be appointed to represent 4 30 the department of agriculture and land stewardship, one to 4 31 represent the department of workforce development, one to 4 32 represent the department of justice, one to represent the 4 33 department of natural resources, one to represent the 4 34 department of public defense, one to represent the Iowa 4 35 department of public health, one to represent the department 5 1 of public safety, one to represent the state department of 5 2 transportation, one to represent the state fire service 5 3institute of the Iowa state university of science and5 4technologyand emergency response council, and one to 5 5 represent the office of the governor. Two representatives 5 6 from private industry shall also be appointed by the governor, 5 7 subject to confirmation by the senate. 5 8 Sec. 10. Section 85.3, subsection 3, unnumbered paragraph 5 9 1, as enacted by 2000 Iowa Acts, Senate File 2373, section 1, 5 10 is amended to read as follows: 5 11 Service of process or original notice upon a nonresident 5 12 employer may be performed as provided in section 617.3 or as 5 13 provided in the Iowa rules of civil procedure. In addition, 5 14 service may be made on any corporation, individual, personal 5 15 representative, partnership, or association that has the 5 16 necessary minimum contact with this state as provided in rule 5 17 of civil procedure 56.1 within or without this state or if 5 18 such service cannot be made, in any manner consistent with due 5 19 process of law prescribed by the workers' compensation 5 20commissioncommissioner. 5 21 Sec. 11. Section 88.6, subsection 9, as enacted by 2000 5 22 Iowa Acts, House File 2492, section 6, is amended to read as 5 23 follows: 5 24 9. Reports of inspections and investigations involving the 5 25 occupational safety and health for fire fighters shall be 5 26 presented to the state fire service and emergency response 5 27 council. 5 28 Sec. 12. Section 135.110, subsection 1, paragraph a, 5 29 subparagraph (1), as enacted by 2000 Iowa Acts, House File 5 30 2362, section 3, is amended to read as follows: 5 31 (1) The causes and manner of domestic abuse deaths, 5 32 including an analysis of factual information obtained through 5 33 review of domestic abuse death certificates and domestic abuse 5 34 death data, including patient records and other pertinent 5 35 confidential and public information concerning domestic abuse 6 1 deaths. 6 2 Sec. 13. Section 148E.3, subsection 1, as enacted by 2000 6 3 Iowa Acts, Senate File 182, section 7, is amended to read as 6 4 follows: 6 5 1. A person otherwise licensed to practice medicine and 6 6 surgery, osteopathy, osteopathic medicine and surgery, 6 7 chiropractic, podiatry, or dentistry who is exclusively 6 8 engaged in the practice of the person'sprofessions6 9 profession. 6 10 Sec. 14. Section 152.7, unnumbered paragraph 3, as enacted 6 11 by 2000 Iowa Acts, House File 2105, section 5, is amended to 6 12 read as follows: 6 13 For purposes of licensure pursuant to the nurse licensure 6 14 compact contained in section 152E.1, the compact administrator 6 15 may refuse to accept a change in the qualifications for 6 16 licensure as a registered nurse or as a licensed practical or 6 17 vocational nurse by a licensing authority in another state 6 18 which is a party to the compact which substantially modifies 6 19 that state's qualifications for licensure in effect on July 1, 6 20 2000. A refusal to accept a change in a party state's 6 21 qualifications for licensure may result in submitting the 6 22 issue to an arbitration panel or in withdrawal from the 6 23 compact,inat the discretion of the compact administrator. 6 24 Sec. 15. Section 152E.1, article II, sections i, k, l, and 6 25 n, as enacted by 2000 Iowa Acts, House File 2105, section 8, 6 26 are amended to read as follows: 6 27 i. "Nurse" means a registered nurse or licensed practical 6 28 or vocational nurse, as those terms are defined by each 6 29party's stateparty state's practice laws. 6 30 k. "Remote state" means a party state, other than the home 6 31 state, where either of the following applies: 6 32 1. Where the patient is located at the time nursing care 6 33 is provided. 6 34 2. In the case of the practice of nursing not involving a 6 35 patient, in such party state where the recipient of nursing 7 1practicecare is located. 7 2 l. "Remote state action" means either of the following: 7 3 1. Any administrative, civil, equitable, or criminal 7 4 action permitted by a remote state's laws whichareis imposed 7 5 on a nurse by the remote state's licensing board or other 7 6 authority, including actions against an individual's 7 7 multistate licensure privilege to practice in the remote 7 8 state. 7 9 2. Cease and desist and other injunctive or equitable 7 10 orders issued by remote states or the licensingboards'boards 7 11 of remote states. 7 12 n. "State practice laws" means those individualparty's7 13 party state laws and regulations that govern the practice of 7 14 nursing, define the scope of nursing practice, and create the 7 15 methods and grounds for imposing discipline. "State practice 7 16 laws" does not include the initial qualifications for 7 17 licensure or requirements necessary to obtain and retain a 7 18 license, except for qualifications or requirements of the home 7 19 state. 7 20 Sec. 16. Section 152E.1, article III, sections a and e, as 7 21 enacted by 2000 Iowa Acts, House File 2105, section 8, are 7 22 amended to read as follows: 7 23 a. A license to practice registered nursing issued by a 7 24 home state to a resident in that statewillshall be 7 25 recognized by each party state as authorizing a multistate 7 26 licensure privilege to practice as a registered nurse in such 7 27 party state. A license to practice licensed practical or 7 28 vocational nursing issued by a home state to a resident in 7 29 that statewillshall be recognized by each party state as 7 30authorizedauthorizing a multistate licensure privilege to 7 31 practice as a licensed practical or vocational nurse in such 7 32 party state. In order to obtain or retain a license, an 7 33 applicant must meet the home state's qualifications for 7 34 licensure and license renewal as well as all other applicable 7 35 state laws. 8 1 e. Individuals not residing in a party state shall 8 2 continue to be able to apply for nurse licensure as provided 8 3 for under the laws of each party state. However, the license 8 4 granted to these individualswillshall not be recognized as 8 5 granting the privilege to practice nursing in any other party 8 6 state unless explicitly agreed to by that party state. 8 7 Sec. 17. Section 152E.1, article IV, sections c and d, as 8 8 enacted by 2000 Iowa Acts, House File 2105, section 8, are 8 9 amended to read as follows: 8 10 c. A nurse who intends to change the nurse's primary state 8 11 of residence may apply for licensure in the new home state in 8 12 advance of such change. However, new licenseswillshall not 8 13 be issued by a party state until after a nurse provides 8 14 evidence of change in the nurse's primary state of residence 8 15 satisfactory to the new home state's licensing board. 8 16 d. 1. If a nurse changes the nurse's primary state of 8 17 residence by moving between two party states, and obtains a 8 18 license from the new home state, the license from the former 8 19 home state is no longer valid. 8 20 2. If a nurse changes the nurse's primary state of 8 21 residence by moving from a nonparty state to a party state, 8 22 and obtains a license from the new home state, the individual 8 23 state license issued by the nonparty state is not affected and 8 24willshall remain in full force if so provided by the laws of 8 25 the nonparty state. 8 26 3. If a nurse changes the nurse's primary state of 8 27 residence by moving from a party state to a nonparty state, 8 28 the license issued by the prior home state converts to an 8 29 individual state license, valid only in the former home state, 8 30 without the multistate licensure privilege to practice in 8 31 other party states. 8 32 Sec. 18. Section 152E.1, article VI, section c, as enacted 8 33 by 2000 Iowa Acts, House File 2105, section 8, is amended to 8 34 read as follows: 8 35 c. Issue cease and desist ordersorto limit or revoke a 9 1 nurse's authority to practice in thenurse'sstate. 9 2 Sec. 19. Section 152E.1, article VII, sections a and d, as 9 3 enacted by 2000 Iowa Acts, House File 2105, section 8, are 9 4 amended to read as follows: 9 5 a. All party states shall participate in a cooperative 9 6 effort to create a coordinated database of all licensed 9 7 registered nurses and licensed practical or vocational nurses. 9 8 This systemwillshall include information on the licensure 9 9 and disciplinary history of each nurse, as contributed by 9 10 party states, to assist in the coordination of nurse licensure 9 11 and enforcement efforts. 9 12 d. Notwithstanding any other provision of law, all party 9 13 states' licensing boards contributing information to the 9 14 coordinated licensure information system may designate 9 15 information thatmayshall not be shared with nonparty states 9 16 or disclosed to other entities or individuals without the 9 17 express permission of the contributing state. 9 18 Sec. 20. Section 232.2, subsection 4, unnumbered paragraph 9 19 1, Code Supplement 1999, as amended by 2000 Iowa Acts, Senate 9 20 File 2344, section 4, is amended to read as follows: 9 21 "Case permanency plan" means the plan, mandated by Pub. L. 9 22 No. 96-272 and Pub. L. No. 105-89, as codified in 42 U.S.C. } 9 23 622(b)(10), 671(a)(16), and 675(1),(5), which is designed to 9 24 achieve placement in the most appropriate, least restrictive, 9 25 and most family-like, and most appropriatesetting available 9 26 and in close proximity to the parent's home, consistent with 9 27 the best interests and special needs of the child, and which 9 28 considers the placement's proximity to the school in which the 9 29 child is enrolled at the time of placement. The plan shall be 9 30 developed by the department or agency involved and the child's 9 31 parent, guardian, or custodian. The plan shall specifically 9 32 include all of the following: 9 33 Sec. 21. Section 249H.2, subsection 1, paragraphs a and b, 9 34 as enacted by 2000 Iowa Acts, Senate File 2193, section 2, are 9 35 amended to read as follows: 10 1 a. The preservation, improvement, and coordination of the 10 2 health care infrastructure of Iowaisare critical to the 10 3 health and safety of Iowans. 10 4 b. An increasing number of seniors and persons with 10 5 disabilities in the staterequirerequires long-term care 10 6 services provided outside of a medical institution. 10 7 Sec. 22. Section 249H.3, subsection 1, as enacted by 2000 10 8 Iowa Acts, Senate File 2193, section 3, is amended to read as 10 9 follows: 10 10 1. "Affordable" means rates for payment of services which 10 11 do not exceed the rates established for providers of medical 10 12 and health services under the medical assistance program with 10 13 eligibility for an individual equal to the eligibility for 10 14 medical assistance pursuant to section 249A.3. In relation to 10 15 services provided by a provider of services under a home and 10 16 community-based waiver, "affordable" means that the total 10 17 monthly cost of the home and community-based waiver services 10 18 provideddodoes not exceed the cost for that level of care as 10 19 established by rule by the department of human services, 10 20 pursuant to chapter 17A, in consultation with the department 10 21 of elder affairs. 10 22 Sec. 23. Section 249H.6, subsection 12, as enacted by 2000 10 23 Iowa Acts, Senate File 2193, section 6, is amended to read as 10 24 follows: 10 25 12. The senior living coordinating unit shall review 10 26 projects that receive grants under this section to ensure that 10 27 the goal to provide alternatives to nursing facility care is 10 28 being met and that an adequate number of nursing facility 10 29 servicesremainremains to meet the needs of Iowans. 10 30 Sec. 24. Section 249H.8, subsection 1, as enacted by 2000 10 31 Iowa Acts, Senate File 2193, section 8, is amended to read as 10 32 follows: 10 33 1. A person operating a PACE program shall have a PACE 10 34 program agreement with the health care financing 10 35 administration of the United States department of health and 11 1 human services, shall enter into a contract with the 11 2 department of human services and shall comply with 42 U.S.C. } 11 3 1396(u)(4) and all regulations promulgated pursuant to that 11 4 section. 11 5 Sec. 25. Section 261.19B, Code 1999, as amended by 2000 11 6 Iowa Acts, Senate File 2248, section 13, is amended to read as 11 7 follows: 11 8 261.19B OSTEOPATHIC PHYSICIAN RECRUITMENT REVOLVING FUND. 11 9 An osteopathic physician recruitment revolving fund is 11 10 created in the state treasury as a separate fund under the 11 11 control of the commission. The commission shall deposit 11 12 payments made by osteopathic physician recruitment recipients 11 13 and the proceeds from the sale of osteopathic loans into the 11 14 osteopathicloanphysician recruitment revolving fund. Moneys 11 15 credited to the fund shall be used to supplement moneys 11 16 appropriated for the osteopathic physician recruitment 11 17 program, for loan forgiveness to eligible physicians, and to 11 18 pay for loan or interest repayment defaults by eligible 11 19 physicians. Notwithstanding section 8.33, any balance in the 11 20 fund on June 30 of any fiscal year shall not revert to the 11 21 general fund of the state. 11 22 Sec. 26. Section 279.52, unnumbered paragraph 1, Code 11 23 1999, as amended by 2000 Iowa Acts, House File 2435, section 11 24 1, is amended to read as follows: 11 25 The board of directors may pay the actual cost of an 11 26 asbestos project from any funds in the general fund of the 11 27 district, funds received from the physical plant and equipment 11 28 levy, or moneys obtained through a federal asbestos loan 11 29 program, to be repaid from any of the funds specified in this 11 30subsectionsection over a three-year period. 11 31 Sec. 27. Section 306.11, Code 1999, as amended by 2000 11 32 Iowa Acts, Senate File 2194, section 1, is amended to read as 11 33 follows: 11 34 306.11 HEARING – PLACE – DATE. 11 35 In proceeding to the vacation and closing of a road, part 12 1 thereof, or railroad crossing, the agency in control of the 12 2 road, or road system, shall fix a date for a hearing on the 12 3 vacation and closing in the county where the road, or part 12 4 thereof, or crossing, is located, and if located in more than 12 5 one county, then in a county in which any part of the road or 12 6 crossing is located. If the road to be vacated or changed is 12 7 a secondary road located in more than one county, the boards 12 8 of supervisors of the counties, acting jointly, shall fix a 12 9 date for a hearing on the vacation or change in either or any 12 10 of the counties where the road, or part thereof, is located. 12 11 If the proposed vacation is of part of a road right-of-way 12 12 held by easement and will not change the existing traveled 12 13 portion of the road or deny access to the road by adjoining 12 14 landowners, a hearing is not required. 12 15 Sec. 28. Section 411.22, subsection 1, unnumbered 12 16 paragraph 1, as enacted by 2000 Iowa Acts, Senate File 2411, 12 17 section 109, is amended to read as follows: 12 18 If a member receives an injury or dies for which benefits 12 19 are payable under section 411.6, subsection 3, 5, 8, or 9, or 12 20 section 411.15, and if the injury or death is caused under 12 21 circumstances creating a legal liability for damages against a 12 22 third party other than the retirement system, the retirement 12 23 system is subrogated to the rights of the member or the 12 24 member'slegal representativebeneficiary entitled to receive 12 25 a death benefit and may maintain an action for damages against 12 26 the third party for lost earnings and lost earnings capacity. 12 27 If the retirement system recovers damages in the action, the 12 28 court shall enter judgment for distribution of the recovery as 12 29 follows: 12 30 Sec. 29. Section 455B.171, subsection 31B, as enacted by 12 31 2000 Iowa Acts, Senate File 2371, section 9, is amended to 12 32 read as follows: 12 33 31B. "Section 305(b)listreport" means any reportor list12 34 required under 33 U.S.C. } 1315(b). 12 35 Sec. 30. Section 455B.193, unnumbered paragraph 2, as 13 1 enacted by 2000 Iowa Acts, Senate File 2371, section 10, is 13 2 amended to read as follows: 13 3 The department of natural resources shall develop a 13 4 methodology for water quality assessments as used in the 13 5 section 303(d)listingslists and assess the validity of the 13 6 data. 13 7 Sec. 31. Section 462A.14, subsection 12, paragraph d, as 13 8 enacted by 2000 Iowa Acts, House File 2331, section 2, if 2000 13 9 Iowa Acts, House File 2511 is enacted, is amended to read as 13 10 follows: 13 11 d. The court may prescribe the length of time for the 13 12 evaluation and treatment or the court may request that the 13 13 community college or licensed substance abuse program 13 14 conducting the course for drinking drivers which the defendant 13 15 is ordered to attend or the treatment program to which the 13 16 defendant is committed immediately report to the court when 13 17 the defendant has received maximum benefit from the course for 13 18 drinking drivers or treatment program or has recovered from 13 19 the defendant's addiction, dependency, or tendency to 13 20 chronically abuse alcohol or drugs. 13 21 Sec. 32. Section 466.4, subsections 2 and 5, as enacted by 13 22 2000 Iowa Acts, Senate File 2371, section 5, are amended to 13 23 read as follows: 13 24 2. The department of agriculture and land stewardship 13 25 shall request the assistance of and consult with the United 13 26 States department ofagricultureagriculture's natural 13 27 resources conservation service and farm service agency to 13 28 implement the conservation reserve enhancement program. The 13 29 department shall also consult with county boards of 13 30 supervisors, county conservation boards, drainage district 13 31 representatives, department of natural resources, and soil and 13 32 water conservation districts affected by the implementation of 13 33 the conservation reserve enhancement program. The department 13 34 shall also collaborate with other public agencies and private 13 35 organizations to develop wetland habitat and related projects 14 1 to improve water quality. 14 2 5. The five-year goal of the conservation reserveenhanced14 3 enhancement program is the establishment of thirty-two 14 4 thousand five hundred acres of wetlands. 14 5 Sec. 33. Section 481A.125, subsection 1, paragraph a, as 14 6 enacted by 2000 Iowa Acts, Senate File 2300, section 1, is 14 7 amended to read as follows: 14 8 a. To intentionally place oneself in a location where a 14 9 human presence may affect the behavior of a fur-bearing game 14 10 animal, bird, or fish or the feasibility of killing or taking 14 11 a fur-bearing game animal, bird, or fish with the intent of 14 12 obstructing or harassing another person who is lawfully 14 13 hunting, fishing, or fur harvesting. 14 14 Sec. 34. Section 481A.125, subsection 5, as enacted by 14 15 2000 Iowa Acts, Senate File 2300, section 1, is amended to 14 16 read as follows: 14 17 5. Thissubsectionsection shall not prohibit a landowner, 14 18 tenant, or an employee of a landowner or tenant from 14 19 performing normal agricultural operations or a law enforcement 14 20 officer from performing official duties. 14 21 Sec. 35. Section 521F.3, subsection 2, paragraph a, 14 22 unnumbered paragraph 1, as enacted by 2000 Iowa Acts, House 14 23 File 2316, section 3, is amended to read as follows: 14 24 A health organization's risk-based capital shall be 14 25 determined pursuant to the formula set forth in the risk-based 14 26 capital instructions. The formula shall take into account all 14 27 of the following, and maybybe adjusted, as deemed 14 28 appropriate by the commissioner, for the covariance between 14 29 the following: 14 30 Sec. 36. Section 521F.4, subsection 3, as enacted by 2000 14 31 Iowa Acts, House File 2316, section 4, is amended to read as 14 32 follows: 14 33 3. The risk-based capital plan shall be filed within 14 34 forty-five days of the company-action-level event, or, if the 14 35 health organization requests a hearing pursuant to section 15 1 521F.8 for the purpose of challenging the adjusted risk-based 15 2 capital report, within forty-five days after notification to 15 3 theinsurerhealth organization that the commissioner, after 15 4 hearing, has rejected theinsurer'shealth organization's 15 5 challenge. 15 6 Sec. 37. Section 521F.8, subsection 2, paragraph b, 15 7 subparagraph (1), as enacted by 2000 Iowa Acts, House File 15 8 2316, section 8, is amended to read as follows: 15 9 (1)TheThat the health organization's risk-based capital 15 10 plan or revised risk-based capital plan is unsatisfactory. 15 11 Sec. 38. Section 523C.19, subsections 2 and 3, as enacted 15 12 by 2000 Iowa Acts, House file 2317, section 30, are amended to 15 13 read as follows: 15 14 2. If a hearing is not timely requested, the summary order 15 15 becomes final by operation of law. The order shall remain 15 16 effective from the date of issuance until the date the order 15 17 becomes final by operation of law or is overturned by a 15 18 presiding officer or court following a request for hearing. A 15 19 person who has been issued a summary order under this section 15 20 may contest it by filing a request for a contested case 15 21 proceeding as provided in chapter 17A and in accordance with 15 22 rules adopted by the commissioner. However, the person shall 15 23 have at least thirty days from the date that the order is 15 24 issued in order to file the request. Section 17A.18A is 15 25 inapplicable to a summary order issued under thissubsection15 26 section. 15 27 3. A person violating a summary order issued under this 15 28subsectionsection shall be deemed in contempt of that order. 15 29 The commissioner may petition the district court to enforce 15 30 the order as certified by the commissioner. The district 15 31 court shall adjudge the person in contempt of the order if the 15 32 court finds after hearing that the person is not in compliance 15 33 with the order. The court shall assess a civil penalty 15 34 against the person in an amount not less than three thousand 15 35 dollars but not greater than ten thousand dollars per 16 1 violation, and may issue further orders as it deems 16 2 appropriate. 16 3 Sec. 39. Section 600.13, subsection 1, paragraph c, as 16 4 amended by 2000 Iowa Acts, Senate File 421, section 17, is 16 5 amended to read as follows: 16 6 c. Dismiss the adoption petition if the requirements of 16 7 thisActchapter have not been met or if dismissal of the 16 8 adoption petition is in the best interest of the person whose 16 9 adoption has been petitioned. Upon dismissal, the juvenile 16 10 court or court shall determine who is to be guardian or 16 11 custodian of a minor child, including the adoption petitioner 16 12 if it is in the best interest of the minor person whose 16 13 adoption has been petitioned. 16 14 Sec. 40. Section 692B.2, article XI(a)(1)(B), as enacted 16 15 by 2000 Iowa Acts, Senate File 2145, section 2, is amended to 16 16 read as follows: 16 17 (B) any rule or standard established by the council 16 18 pursuant to ArticleVVI; and 16 19 Sec. 41. Section 714.16, subsection 2, paragraph n, 16 20 subparagraph (3), subparagraph subdivision (a), as enacted by 16 21 2000 Iowa Acts, House File 2148, section 1, is amended to read 16 22 as follows: 16 23 (a) "Local telephone directory" means a telephone 16 24 classified advertising directory or the business section of a 16 25 telephone directory that is distributed free of charge to some 16 26 or all telephone subscribers in a local areadirectory. 16 27 Sec. 42. 2000 Iowa Acts, Senate File 2193, section 23, is 16 28 amended to read as follows: 16 29 SEC. 23. RETROACTIVE APPLICABILITY. The section in this 16 30 Act that creates section249H.6249H.4 as it relates to 16 31 receipt of federal funding, is retroactively applicable to 16 32 October 1, 1999. 16 33 Sec. 43. 2000 Iowa Acts, Senate File 2254, section 4, is 16 34 amended to read as follows: 16 35 SEC. 4. RETROACTIVE APPLICABILITY. Section 252I.4, 17 1 subsection34, as amended in this Act, is retroactively 17 2 applicable to January 1, 2000. 17 3 Sec. 44. 2000 Iowa Acts, Senate File 2344, section 16, is 17 4 amended by striking the section and inserting in lieu thereof 17 5 the following: 17 6 SEC. 16. Section 239B.24, subsection 1, unnumbered 17 7 paragraph 1, Code Supplement 1999, is amended to read as 17 8 follows: 17 9 The following persons are deemed to be eligible for 17 10 benefits under the state child care assistance program 17 11 administered by the department in accordance with section 17 12 237A.13, notwithstanding the program's eligibility 17 13 requirements or any waiting list: 17 14 Sec. 45. APPROPRIATIONS FOR THE DRUG POLICY COORDINATOR. 17 15 References in 2000 Iowa Acts, House File 2533, sections 5 17 16 through 8 and 33, to the drug enforcement and abuse prevention 17 17 coordinator are deemed to be references to the drug policy 17 18 coordinator if 2000 Iowa Acts, House File 2153 is enacted. 17 19 Sec. 46. AMENDMENTS TO DISAPPROVED BILLS VOID. If a 17 20 provision of a bill, which is amended in this division of this 17 21 Act, does not become law due to the governor's disapproval of 17 22 the provision, the amendment to that disapproved provision in 17 23 this division of this Act is void. 17 24 EXPLANATION 17 25 Division I of this bill appropriates moneys for the 2001- 17 26 2002 fiscal year to the department of human services for 17 27 distribution to counties of the county mental health, mental 17 28 retardation, and developmental disabilities (MH/MR/DD) allowed 17 29 growth factor adjustment. The division also provides for the 17 30 allotment of the appropriation for various purposes for county 17 31 relief for MH/MR/DD services provided by the county. 17 32 The division applies additional eligibility requirements 17 33 for allotment of funding from the per capita expenditure 17 34 target pool involving the size of the county's MH/MR/DD 17 35 services fund balance and compliance with a financial 18 1 reporting deadline. 18 2 Division II of this bill transfers from moneys deposited in 18 3 the tobacco settlement fund, created in Code section 12.65, 18 4 the sum of $64,600,000 to the general fund of the state for 18 5 the 2000-2001 fiscal year. 18 6 Division III of this bill reduces the standing limited 18 7 appropriation for the educational excellence program by 18 8 $2,000,000 beginning with the 2000-2001 fiscal year. 18 9 Division IV of this bill establishes a Microsoft settlement 18 10 fund into which are to be deposited the state's portion of any 18 11 moneys paid as a result of the federal antitrust trial against 18 12 Microsoft, or as a result of the state's own antitrust action. 18 13 The moneys in the Microsoft settlement fund are only to be 18 14 used as appropriated by the general assembly. 18 15 Division V of this Act exempts the newly created state fire 18 16 service and emergency response council from the requirements 18 17 that its membership be bipartisan and gender balanced. 18 18 The division also amends Code section 166D.7, subsection 4, 18 19 paragraph "a", as amended during the 2000 Session, to require 18 20 breeding herds to recertify that they are not infected with 18 21 pseudorabies for each month when at least 10 percent of the 18 22 herd's breeding swine, rather than 25 hogs, react negatively 18 23 to the test. This provision takes effect upon enactment. 18 24 Division VI of this Act makes numerous corrective changes 18 25 to previously passed legislation during the 2000 Session. The 18 26 more significant include the following: 18 27 New Code section 2D.3 is amended to correct a reference to 18 28 the international relations advisory council. 18 29 Code section 30.2, subsection 2, and Code section 88.6, new 18 30 subsection 9, are amended to correct the references to the new 18 31 state fire service and emergency response council. 18 32 Code section 85.3, new subsection 3, is amended to change 18 33 reference to the workers' compensation commission to the 18 34 workers' compensation commissioner. 18 35 New Code section 135.110, subsection 1, paragraph "a", 19 1 subparagraph (1) is amended to correct a reference to domestic 19 2 abuse death certificates. 19 3 New Code section 152E.1, articles II, III, IV, and VI are 19 4 amended to change the improper use of the words "will" or "may 19 5 not" to "shall" or "shall not" and to make other technical 19 6 corrections. 19 7 Code section 232.2, subsection 4, unnumbered paragraph 1, 19 8 is amended to eliminate a redundancy. 19 9 Code section 261.19B is amended to correct a reference to 19 10 the osteopathic physician recruitment revolving fund. 19 11 Code section 279.52, unnumbered paragraph 1, is amended to 19 12 correct the reference from "this subsection" to "this section" 19 13 as there are no subsections in Code section 279.52. 19 14 New Code section 411.22, subsection 1, unnumbered paragraph 19 15 1, is amended to change a reference from "member's legal 19 16 representative beneficiary" to "member's beneficiary". 19 17 Code section 455B.171, new subsection 31B, is amended to 19 18 change a defined term and reference from "list" to "report" 19 19 since that is what is required under 33 U.S.C. } 1315(b). 19 20 New Code section 464.4, subsection 5, is amended to correct 19 21 the reference to the conservation reserve enhancement program. 19 22 Code section 462A.14, new subsection 12, paragraph "d", is 19 23 amended to refer to licensed substance abuse programs which 19 24 conduct courses for drinking drivers, providing House File 19 25 2511 is enacted during the 2000 Session. 19 26 Code section 481A.125, new subsection 5, is amended to 19 27 correct a reference from "subsection" to "section" in order 19 28 for the prohibition in the new subsection 5 to make sense. 19 29 New Code section 521F.4, subsection 3, is amended to 19 30 specify that the insurer referred to in that subsection is a 19 31 health organization. 19 32 Code section 600.13, subsection 1, paragraph "c", is 19 33 amended to change the reference from "Act" to "chapter" since 19 34 the Act referred to was the one which amended Code chapter 19 35 600. 20 1 New Code section 692B.2, article XI(a)(1)(b), is amended to 20 2 correct the reference to the article of that section in which 20 3 rules and standards are established. 20 4 The retroactive applicability provisions in 2000 Iowa Acts, 20 5 Senate File 2193 and Senate File 2254, are amended to correct 20 6 internal references. 20 7 The amendment to 2000 Iowa Acts, Senate File 2344, section 20 8 16, is to correct the lead-in error in reference to Code 20 9 section 239B.24, subsection 1. 20 10 The division deems references to the current drug 20 11 enforcement and abuse prevention coordinator in the federal 20 12 block grant appropriation bill as referring to the drug policy 20 13 coordinator if House File 2153 is enacted. 20 14 The division contains a provision that specifies that if 20 15 the governor disapproves of any portion of a bill that is 20 16 amended in this division, the amendment to that disapproved 20 17 portion of the bill is void. 20 18 LSB 7269HV 78 20 19 mg/cf/24
Text: HF02571 Text: HF02573 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 10 03:35:28 CDT 2000
URL: /DOCS/GA/78GA/Legislation/HF/02500/HF02572/000412.html
jhf