Text: HSB00056 Text: HSB00058 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 12D.2, subsection 12, Code 1999, is 1 2 amended to read as follows: 1 3 12. Invest moneyswithinfrom the endowment fund and the 1 4 program fund in any investments which are determined by the 1 5 treasurer of state to be appropriate. 1 6 Sec. 2. Section 12D.6, subsection 6, Code 1999, is amended 1 7 to read as follows: 1 8 6. A participant may transfer ownership rights to another 1 9 eligibleparticipantindividual, including a gift of the 1 10 ownership rights to a minor beneficiary. The transfer shall 1 11 be made and the property distributed in accordance with rules 1 12 adopted by the treasurer of state or with the terms of the 1 13 participation agreement. 1 14 Sec. 3. Section 15.241, subsection 1, unnumbered paragraph 1 15 1, Code 1999, is amended to read as follows: 1 16 A "self-employment loan program account" is established 1 17 within the strategic investment fund created in section 15.313 1 18 to provide funding for the self-employment loan programwhich1 19is to be conducted in coordination with the job training1 20partnership program and other programs administered under1 21section 15.108, subsection 6, paragraph "c". The department 1 22 may contract with local community action agencies or other 1 23 local entities in administering the program, and shall work 1 24 with the department of workforce development and the 1 25 department of human services in developing the program. The 1 26 department shall cooperate with the division of vocational 1 27 rehabilitation under the department of education to implement 1 28 a business development initiative for entrepreneurs with 1 29 disabilities. 1 30 Sec. 4. Section 87.11, unnumbered paragraph 6, Code 1999, 1 31 is amended to read as follows: 1 32 Financial statements provided to the commissioner of 1 33 insurance pursuant to this section may be held as 1 34 confidential, proprietary trade secrets, pursuant to section 1 35 22.7, subsection 3, upon the request of the employer, subject 2 1 to rules adopted by the commissioner of insurance, and are not 2 2 subject to disclosure or examination under chapter 22. 2 3 Sec. 5. Section 135C.33, subsection 2, Code 1999, is 2 4 amended to read as follows: 2 5 2. If the department of public safety determines that a 2 6 person has committed a crime or has a record of founded 2 7 dependent adult abuse and is to be employed in a facility 2 8 licensed under this chapter, the department of public safety 2 9 shall notify the licensee that an evaluation will be conducted 2 10 by the department of human services to determine whether 2 11 prohibition of the person's employment is warranted. If a 2 12 department of human services child abuse record check 2 13 determines the person has a record of founded child abuse, the 2 14 department of human services shall inform the licensee that an 2 15 evaluation will be conducted to determine whether prohibition 2 16 of the person's employment is warranted. 2 17 Sec. 6. Section 144.36, subsection 4, Code 1999, is 2 18 amended to read as follows: 2 19 4. The county registrar shall record and forward to the 2 20 state registrar on or before the tenth day of each calendar 2 21 month the original certificates of marriages filed with the 2 22 county registrar during the preceding calendar month and the 2 23 fees collected by the county registrar on behalf of the state 2 24 for applications for a license to marry in accordance with 2 25 section 331.605, subsection76. 2 26 Sec. 7. Section 144.46, Code 1999, is amended to read as 2 27 follows: 2 28 144.46 FEE FOR COPY OF RECORD. 2 29 The department by rule shall establish fees based on the 2 30 average administrative cost which shall be collected by the 2 31 state registrar or the county registrar for each certified 2 32 copy or short form certification of certificates or records, 2 33 or for a search of the files or records when no copy is made, 2 34 or when no record is found on file. Fees collected by the 2 35 state registrar and by the county registrar on behalf of the 3 1 state under this section shall be deposited in the general 3 2 fund of the state. Fees collected by the county registrar 3 3 pursuant to section 331.605, subsection65, shall be 3 4 deposited in the county general fund. A fee shall not be 3 5 collected from a political subdivision or agency of this 3 6 state. 3 7 Sec. 8. Section 147.111, Code 1999, is amended to read as 3 8 follows: 3 9 147.111 REPORT OF TREATMENT OF WOUNDS AND OTHER INJURIES. 3 10 Any person licensed under the provisions of this subtitle 3 11 who shall administer any treatment to any person suffering a 3 12 gunshot or stab wound or other seriousbodilyinjury, as 3 13 defined in section 702.18, which appears to have been received 3 14 in connection with the commission of a criminal offense, or to 3 15 whom an application is made for treatment of any nature 3 16 because of any such gunshot or stab wound or other serious 3 17 injury, as defined in section 702.18, shall at once but not 3 18 later than twelve hours thereafter, report that fact to the 3 19 law enforcement agency within whose jurisdiction the treatment 3 20 was administered or an application therefor was made, or if 3 21 ascertainable, to the law enforcement agency in whose 3 22 jurisdiction the gunshot or stab wound or other seriousbodily3 23 injury occurred, stating the name of such person, the person's 3 24 residence if ascertainable, and giving a brief description of 3 25 the gunshot or stab wound or other seriousbodilyinjury. Any 3 26 provision of law or rule of evidence relative to confidential 3 27 communications is suspended insofar as the provisions of this 3 28 section are concerned. 3 29 Sec. 9. Section 147.112, Code 1999, is amended to read as 3 30 follows: 3 31 147.112 INVESTIGATION AND REPORT BY LAW ENFORCEMENT 3 32 AGENCY. 3 33 The law enforcement agency who has received any report 3 34 required by this chapter and who has any reason to believe 3 35 that the person injured was involved in the commission of any 4 1 crime, either as perpetrator or victim, shall at once commence 4 2 an investigation into the circumstances of the gunshot or stab 4 3 wound or other seriousbodilyinjury and make a report of the 4 4 investigation to the county attorney in whose jurisdiction the 4 5 gunshot or stab wound or other seriousbodilyinjury occurred. 4 6 Law enforcement personnel shall not divulge any information 4 7 received under the provisions of this section and section 4 8 147.111 to any person other than a law enforcing officer, and 4 9 then only in connection with the investigation of the alleged 4 10 commission of a crime. 4 11 Sec. 10. Section 166.6, unnumbered paragraph 1, Code 1999, 4 12 is amended to read as follows: 4 13 An application for a permit to deal in biological products 4 14 shall be accompanied by a separate bond for each place of 4 15 business, with sureties to be approved by the department, in 4 16 the sum ofonefive thousand dollars for each place of 4 17 business, which bond shall be conditioned: 4 18 Sec. 11. Section 216.15B, subsection 1, Code 1999, is 4 19 amended to read as follows: 4 20 1.For the purposes of this section, "mediator"A mediator 4 21 shall bethe persondesignated in writing by the commission to 4 22 conduct mediation of a complaint filed under this chapter. 4 23 The written designation must specifically refer to this 4 24 section. 4 25 Sec. 12. Section 216A.78, Code 1999, is amended to read as 4 26 follows: 4 27 216A.78 ADMINISTRATOR. 4 28 The commission officers may designate the duties and 4 29 obligations of the position of administrator.Any person so4 30employed may be the employee of another agency of state4 31government appointed with the consent of the executive officer4 32of such agency.Theofficersadministrator may appoint such 4 33 other personnel as may be necessary for the efficient 4 34 performance of the duties prescribed by this part. The 4 35 administrator shall carry out programs and policies as 5 1 determined by the commission. 5 2 Sec. 13. Section 216B.3, subsection 14, Code 1999, is 5 3 amended to read as follows: 5 4 14. In conjunction with the recommendations made by the 5 5 department of natural resources, purchase and use recycled 5 6 printing and writing paper in accordance with the schedule 5 7 established in section 18.18; establish a wastepaper recycling 5 8 program, by January 1, 1990, in accordance with the 5 9 recommendations made by the department of natural resources 5 10 and requirements of section 18.20; and, in accordance with 5 11 section 18.6, require product content statements, the5 12provision of information regarding on-site review of waste5 13management in product bidding and contract procedures,and 5 14 compliance with requirements regarding contract bidding. 5 15 Sec. 14. Section 260C.47, subsection 1, unnumbered 5 16 paragraph 1, Code 1999, is amended to read as follows: 5 17 The state board of education shall establish an 5 18 accreditation process for community college programs by July 5 19 1, 1997. The process shall be jointly developed and agreed 5 20 upon by the department of education and the community 5 21 colleges. The state accreditation process shall be integrated 5 22 with the accreditation process of the north central 5 23 association of colleges and schools, including the evaluation 5 24 cycle, the self-study process, and the criteria for 5 25 evaluation, which shall incorporate the standards for 5 26 community colleges developed under section 260C.48; and shall 5 27 identify and make provision for the needs of the state that 5 28 are not met by the association's accreditation process.If a5 29joint agreement has not been reached by July 1, 1997, the5 30approval process provided under section 260C.4, subsection 4,5 31shall remain the required accreditation process for community5 32colleges.For the academic year commencing July 1, 1998, and 5 33 in succeeding school years, the department of education shall 5 34 use a two-component process for the continued accreditation of 5 35 community college programs. 6 1 Sec. 15. Section 262.9, subsection 6, Code 1999, is 6 2 amended to read as follows: 6 3 6. In conjunction with the recommendations made by the 6 4 department of natural resources, purchase and use recycled 6 5 printing and writing paper, with the exception of specialized 6 6 paper when no recyclable product is available, in accordance 6 7 with the schedule established in section 18.18; establish a 6 8 wastepaper recycling program for all institutions governed by 6 9 the board in accordance with recommendations made by the 6 10 department of natural resources and the requirements of 6 11 section 18.20; shall, in accordance with the requirements of 6 12 section 18.6, require product content statements, the6 13provision of information regarding on-site review of waste6 14management in product bidding and contract procedures,and 6 15 compliance with requirements regarding procurement 6 16 specifications; and shall comply with the requirements for the 6 17 purchase of lubricating oils and industrial oils as 6 18 established pursuant to section 18.22. 6 19 Sec. 16. Section 307.21, subsection 4, paragraph b, 6 20 subparagraph (3), Code 1999, is amended to read as follows: 6 21 (3) Require in accordance with section 18.6 product 6 22 content statements, the provision of information regarding on-6 23site review of waste management in product bidding and6 24contract procedures,and compliance with requirements 6 25 regarding procurement specifications. 6 26 Sec. 17. Section 312.2, subsection 17, Code 1999, is 6 27 amended to read as follows: 6 28 17. The treasurer of state, before making the allotments 6 29 provided for in this section, shall credit monthly from the 6 30 road use tax fund to the motorcycle rider education fund 6 31 established in section321.189, subsection 9321.180B, an 6 32 amount equal to one dollar per year of license validity for 6 33 each issued or renewed driver's license which is valid for the 6 34 operation of a motorcycle. Moneys credited to the motorcycle 6 35 rider education fund under this subsection shall be taken from 7 1 moneys credited to the road use tax fund under section 423.24. 7 2 Sec. 18. Section 321.20B, subsection 4, paragraph c, Code 7 3 1999, is amended to read as follows: 7 4 c. An owner or driver cited for a violation of subsection 7 5 1, who produces to the clerk of court within thirty days of 7 6 the issuance of the citation proof that financial liability 7 7 coverage was in effect for the motor vehicle at the time the 7 8 person was stopped and citedas provided in paragraph "b", 7 9 shall not be convicted of such violation and the citation 7 10 issued shall be dismissed. 7 11 Sec. 19. Section 321.34, subsection 11B, paragraph c, Code 7 12 1999, is amended to read as follows: 7 13 c. The special fee for letter number designated motorcycle 7 14 rider education plates is thirty-five dollars. The fee for 7 15 personalized motorcycle rider education plates is twenty-five 7 16 dollars, which shall be paid in addition to the special 7 17 motorcycle rider education fee of thirty-five dollars. The 7 18 fees collected by the director under this subsection shall be 7 19 paid monthly to the treasurer of state and credited to the 7 20 road use tax fund. Notwithstanding section 423.24, and prior 7 21 to the crediting of revenues to the road use tax fund under 7 22 section 423.24, subsection 1, paragraph "c", the treasurer of 7 23 state shall transfer monthly from those revenues to the 7 24 department for use in accordance with section321.189,7 25subsection 9321.180B, the amount of the special fees 7 26 collected in the previous month for the motorcycle rider 7 27 education plates. 7 28 Sec. 20. Section 321G.4, unnumbered paragraph 2, Code 7 29 1999, is amended to read as follows: 7 30 The owner of the all-terrain vehicle or snowmobile shall 7 31 file an application for registration with the appropriate 7 32 county recorder on forms provided by the commission. The 7 33 application shall be completed and signed by the owner of the 7 34 all-terrain vehicle or snowmobile and shall be accompanied by 7 35 a fee oftwentytwenty-five dollars and a writing fee. An 8 1 all-terrain vehicle or a snowmobile shall not be registered by 8 2 the county recorder until the county recorder is presented 8 3 with receipts, bills of sale, or other satisfactory evidence 8 4 that the sales or use tax has been paid for the purchase of 8 5 the all-terrain vehicle or snowmobile or that the owner is 8 6 exempt from paying the tax. However, an owner of an all- 8 7 terrain vehicle, except an all-terrain vehicle purchased new 8 8 on or after January 1, 1990, may apply for registration 8 9 without proof of sales or use tax paid until one year after 8 10 January 1, 1990. Upon receipt of the application in approved 8 11 form accompanied by the required fees, the county recorder 8 12 shall enter it upon the records and shall issue to the 8 13 applicant a pocket-size registration certificate. The 8 14 certificate shall be executed in triplicate, one copy to be 8 15 delivered to the owner, one copy to the commission, and one 8 16 copy to be retained on file by the county recorder. The 8 17 registration certificate shall bear the number awarded to the 8 18 all-terrain vehicle or snowmobile and the name and address of 8 19 the owner. The registration certificate shall be carried 8 20 either in the all-terrain vehicle or snowmobile or on the 8 21 person of the operator of the machine when in use. The 8 22 operator of an all-terrain vehicle or snowmobile shall exhibit 8 23 the registration certificate to a peace officer upon request, 8 24 to a person injured in an accident involving an all-terrain 8 25 vehicle or snowmobile, or to the owner or operator of another 8 26 all-terrain vehicle or snowmobile or the owner of personal or 8 27 real property when the all-terrain vehicle or snowmobile is 8 28 involved in a collision or accident of any nature with another 8 29 all-terrain vehicle or snowmobile or the property of another 8 30 person or to the property owner or tenant when the all-terrain 8 31 vehicle or snowmobile is being operated on private property 8 32 without permission from the property owner or tenant. 8 33 Sec. 21. Section 322B.3, subsection 5, Code 1999, is 8 34 amended to read as follows: 8 35 5. MOBILE HOME HOOKUPS. A mobile home dealer or an 9 1 employee of a mobile home dealer may perform water, gas, 9 2 electrical, and other utility service connections in a mobile 9 3 home,space, or within ten feet of such space, located in a 9 4 mobile home park, and the dealer or an employee of the dealer 9 5 may install a tie-down system on a mobile home located in a 9 6 mobile home park. The connections are subject to inspection 9 7 and approval by local building code officials and the mobile 9 8 home dealer shall pay the inspection fee, if any. 9 9 Sec. 22. Section 357A.24, subsections 3 and 4, Code 1999, 9 10 are amended to read s follows: 9 11 3. Upon filing the petition, the auditor shall prepare for 9 12 a hearing on the petition by following the same procedures as 9 13 provided in section 357A.3. The notice of the hearing shall 9 14 include all of the following: 9 15 a. The location of the area subject to the petition. 9 16 b. The time and place of the hearing as established by the 9 17board ofsupervisors for the county in which the area to be 9 18 detached is located. 9 19 c. That all owners or tenants of real property within the 9 20 boundaries of the area may appear and be heard. 9 21 4. After the hearing theboard ofsupervisors shall order 9 22 that the area subject to the petition be detached from one 9 23 district and attached to the other district if theboard9 24determinessupervisors determine that all of the following 9 25 have been satisfied: 9 26 a. The petition meets the requirements of this section. 9 27 b. The information included in the petition is accurate. 9 28 c. Notice required in this section has been provided. 9 29 d. The detachment and attachment is in the best interest 9 30 of the residents of the area subject to the petition. 9 31 The order shall be published in the same newspaper which 9 32 published the notice of the hearing. 9 33 Sec. 23. Section 420.207, Code 1999, is amended to read as 9 34 follows: 9 35 420.207 TAXATION IN GENERAL. 10 1 Sections 427.1, 427.3 to 427.11, 428.4, 428.20, 428.22, 10 2 428.23, 436.10, 436.11, 437.1, 437.3,437.14,441.21, 443.1 to 10 3 443.3, 444.2 to 444.5, and 447.9 to 447.13, so far as 10 4 applicable, apply to cities acting under special charters. 10 5 Sec. 24. Section 422.9, subsection 2, paragraph i, Code 10 6 1999, is amended to read as follows: 10 7 i. If the taxpayer has a deduction for medical care 10 8 expenses under section 213 of the Internal Revenue Code, the 10 9 taxpayer shall recompute for the purposes of this subsection 10 10 the amount of the deduction under section 213 by excluding 10 11 from medical care, as defined in section 213, the amount 10 12 subtracted under section 422.7, subsection3229. 10 13 Sec. 25. Section 435.26, subsection 3, Code 1999, is 10 14 amended to read as follows: 10 15 3. When the property is entered on the tax rolls, the 10 16 assessor shall also enter on the tax rolls the title number 10 17 last assigned to the mobile home, modular home,or 10 18 manufactured home and the manufacturer's identification 10 19 number. 10 20 Sec. 26. Section 437A.3, subsection 28, Code 1999, is 10 21 amended to read as follows: 10 22 28. "Transfer replacement tax" means the excise tax 10 23 imposed in a competitive service area of a municipal utility 10 24 which replaces transfers made by the municipal utility in 10 25 accordance with section 384.89. 10 26 Sec. 27. Section 441.21, subsection 2, Code 1999, is 10 27 amended by striking the subsection. 10 28 Sec. 28. Section 455B.202, subsection 2, paragraph b, Code 10 29 1999, is amended to read as follows: 10 30 b. A person shall not construct or expand an animal 10 31 feeding operation structure which is part of a confinement 10 32 feeding operation for five years after the date of the last 10 33 violation, committed byathe person or confinement feeding 10 34 operation in which the person holds a controlling interest, 10 35 during which the person or operation was classified as a 11 1 habitual violator. 11 2 Sec. 29. Section 455B.203A, subsection 5, paragraph b, 11 3 subparagraph (2), unnumbered paragraph 1, Code 1999, is 11 4 amended to read as follows: 11 5 The person is acting under the instructions and control of 11 6 a certifiedcommercialconfinement site manure applicator who 11 7 is both of the following: 11 8 Sec. 30. Section 455G.8, subsections 2 and 4, Code 1999, 11 9 are amended to read as follows: 11 10 2. USE TAX. The revenues derived from the use tax imposed 11 11 under chapter 423. The proceeds of the use tax under section 11 12 423.24, subsection 1, paragraph "a", subparagraph (1), shall 11 13 be allocated, consistent with this chapter, among the fund's 11 14 accounts, for debt service and other fund expenses, according 11 15 to the fund budget, resolution, trust agreement, or other 11 16 instrument prepared or entered into by the board or authority 11 17 under direction of the board.The proceeds of the use tax11 18under section 423.24, subsection 1, paragraph "a",11 19subparagraph (2), shall be allocated in accordance with11 20section 455G.21.11 214. INSURANCE PREMIUMS. Insurance premium income as11 22provided by section 455G.11 shall be credited to the insurance11 23fund.11 24 Sec. 31. Section 455G.11, subsection 1, Code 1999, is 11 25 amended to read as follows: 11 26 1. UNDERGROUND STORAGE TANK INSURANCE FUND. 11 27 a. An Iowa underground storage tank insurance fund is 11 28 created as a separate fund in the state treasury on July 1, 11 29 1998, consisting of all moneys held in the insurance account 11 30 of the comprehensive petroleum underground storage tank fund. 11 31 Notwithstanding section 8.33, moneys remaining in the 11 32 underground storage tank insurance fund at the end of each 11 33 fiscal year shall not revert to the general fund but shall 11 34 remain in the underground storage tank insurance fund. 11 35 Notwithstanding section 12C.7, interest or earnings on moneys 12 1 in the underground storage tank insurance fund shall be 12 2 credited to the underground storage tank insurance fund in 12 3 addition to any other income specifically allocated to the 12 4 underground storage tank insurance fund. 12 5 b. Amounts in the underground storage tank insurance fund 12 6 shall not be subject to appropriation for any purpose by the 12 7 general assembly, but shall be used only for the purposes set 12 8 forth in this section. The treasurer of state shall act as 12 9 custodian of the underground storage tank insurance fund and 12 10 disperse moneys contained in it as directed by the board. The 12 11 treasurer of state is authorized to invest the moneys 12 12 deposited in the underground storage tank insurance fund at 12 13 the discretion of the board. The income from such investments 12 14 shall be credited to and deposited in the underground storage 12 15 tank insurance fund. The underground storage tank insurance 12 16 fund shall be administered by the board which shall make 12 17 expenditures from the underground storage tank insurance fund 12 18 consistent with the purposes of the programs provided for in 12 19 this chapter without further appropriation. 12 20 c. No later than July 1, 2004, all moneys in the 12 21 underground storage tank insurance fund shall be transferred 12 22 to the insurance board when restructured as an independent 12 23 nonprofit entity organized to provide an allowable mechanism 12 24 to demonstrate financial responsibility as required in 40 12 25 C.F.R. pts. 280 and 281, owned and operated by insureds, as 12 26 determined by the comprehensive petroleum underground storage 12 27 tank fund board. 12 28 Sec. 32. Section 455G.11, subsection 2, paragraph c, Code 12 29 1999, is amended to read as follows: 12 30 c. Members of the insurance board are entitled to receive 12 31 reimbursement of actual expenses incurred in the discharge of 12 32 their duties within the limits of the moneys appropriated to 12 33 the insurance board or made available to the underground 12 34 storage tank insurance fund. 12 35 Sec. 33. Section 455G.11, subsection 8, unnumbered 13 1 paragraph 1, Code 1999, is amended to read as follows: 13 2 An owner or operator applying for coverage shall pay an 13 3 annually adjusted insurance premium for coverage by the 13 4 insurance fund. Premiums paid shall be credited to and 13 5 deposited in the insurance fund. The board may only approve 13 6 fund coverage through the payment of a premium established on 13 7 an actuarially sound basis. Risk factors shall be taken into 13 8 account in establishing premiums. It is the intent of the 13 9 general assembly that an actuarially sound premium reflect the 13 10 risk to the insurance fund presented by the insured. Risk 13 11 factor adjustments should reflect the range of risk presented 13 12 by the variety of tank systems, monitoring systems, and risk 13 13 management practices in the general insurable tank population. 13 14 Premium adjustments for risk factors should at minimum take 13 15 into account lifetime costs of a tank and monitoring system 13 16 and insurance fund premiums for that tank system so as to 13 17 provide a positive economic incentive to the owner or operator 13 18 to install the more environmentally safe option so as to 13 19 reduce the exposure of the insurance fund to loss. 13 20 Actuarially sound is not limited in its meaning to fund 13 21 premium revenue equaling or exceeding fund expenditures for 13 22 the general tank population. 13 23 Sec. 34. Section 455G.11, subsection 11, paragraphs a and 13 24 b, Code 1999, are amended to read as follows: 13 25 a. Directly through the underground storage tank insurance 13 26 fund with premiums and deductibles as provided in subsection 13 27 10. 13 28 b. In cooperation with a private insurance carrier with 13 29 excess or stop loss coverage provided by the underground 13 30 storage tank insurance fund to reduce the cost of insurance to 13 31 such installers or inspectors, and including such other terms 13 32 and conditions as the board deems necessary and convenient to 13 33 provide adequate coverage for a certified tank installation at 13 34 a reasonable premium. An installer or inspector obtaining 13 35 insurance coverage pursuant to this paragraph, may purchase 14 1 excess coverage of up to five million dollars, subject to the 14 2 terms and conditions as determined by the board. 14 3 Sec. 35. Section 455G.13, subsection 12, Code 1999, is 14 4 amended to read as follows: 14 5 12. RECOVERY OR SUBROGATION – INSTALLERS AND INSPECTORS. 14 6 Notwithstanding any other provision contained in this chapter, 14 7 the board or a person insured under the insurance fund has no 14 8 right of recovery or right of subrogation against an installer 14 9 or an inspector insured by the insurance fund for the tank 14 10 giving rise to the liability other than for recovery of any 14 11 deductibles paid. 14 12 Sec. 36. Section 455G.21, subsection 1, Code 1999, is 14 13 amended to read as follows: 14 14 1. A marketability fund is created as a separate fund in 14 15 the state treasury under the control of the board. The board 14 16 shall administer the marketability fund. Notwithstanding 14 17 section 8.33, moneys remaining in the marketability fund at 14 18 the end of each fiscal year shall not revert to the general 14 19 fund but shall remain in the marketability fund. The 14 20 marketability fund shall includethe following:14 21a. Moneys allocated to the fund pursuant to section14 22423.24, subsection 1, paragraph "a", subparagraph (2).14 23b. Notwithstanding, notwithstanding section 12C.7, 14 24 interest earned by the marketability fund or other income 14 25 specifically allocated to the marketability fund. 14 26 Sec. 37. Section 455G.21, subsection 2, paragraph a, Code 14 27 1999, is amended to read as follows: 14 28 a.Five million dollars per year shall be allocated to the14 29 The innocent landowners fundwhichshall be established as a 14 30 separate fund in the state treasury under the control of the 14 31 board. The innocent landowners fund shallalsoinclude any 14 32 moneys recovered pursuant to cost recovery enforcement under 14 33 section 455G.13. Notwithstanding section 455G.1, subsection 14 34 2, benefits for the costs of corrective action shall be 14 35 provided to the owner of a petroleum-contaminated property, 15 1 who is not otherwise eligible to receive benefits under 15 2 section 455G.9. An owner of a petroleum-contaminated property 15 3 shall be eligible for payment of total corrective action costs 15 4 subject to copayment requirements under section 455G.9, 15 5 subsection 4. The board may adopt rules conditioning receipt 15 6 of benefits under this paragraph to those petroleum- 15 7 contaminated properties which present a higher degree of risk 15 8 to the public health and safety or the environment and may 15 9 adopt rules providing for denial of benefits under this 15 10 paragraph to a person who did not make a good faith attempt to 15 11 comply with the provisions of this chapter. This paragraph 15 12 does not confer a legal right to an owner of petroleum- 15 13 contaminated property for receipt of benefits under this 15 14 paragraph. 15 15 Sec. 38. Section 455H.103, subsection 15, Code 1999, is 15 16 amended by striking the subsection. 15 17 Sec. 39. Section 486A.906, subsection 3, paragraphs b and 15 18 c, Code 1999, are amended to read as follows: 15 19 b. All other obligations of the surviving entity incurred 15 20 before the merger by a party to the merger, but those 15 21 obligations may be satisfied only out of property of the 15 22 surviving entity. 15 23 c. Except as otherwise provided in section 486A.306, all 15 24 obligations of the surviving entity incurred after the merger 15 25 takes effect, but those obligations may be satisfied only out 15 26 of property of the surviving entity if the partner is a 15 27 limited partner. 15 28 Sec. 40. Section 505.8, subsection 2, Code 1999, is 15 29 amended to read as follows: 15 30 2. The commissioner shall, subject to chapter 17A, 15 31 establish, publish, and enforce rules not inconsistent with 15 32 law for the enforcement of this subtitle and for the 15 33 enforcement of the laws, the administration and supervision of 15 34 which are imposed on the division, including rules to 15 35 establish fees sufficient to administer the laws, where 16 1 appropriate fees are not otherwise provided for in rule or 16 2 statute, and as necessary to obtain from persons authorized to16 3do business in the state or regulated by the division that16 4data required by the community health management information16 5system. 16 6 Sec. 41. Section 524.1202, subsection 2, paragraph b, Code 16 7 1999, is amended to read as follows: 16 8 b. For purposes of this subsection, "urban complex" means 16 9 the geographic area bounded by the corporate limits of two or 16 10 more municipal corporations, each of which being contiguous to 16 11 or cornering upon at least one of the other municipal 16 12 corporations within the complex.A state bank located in a16 13municipal corporation or urban complex which is located on a16 14boundary of this state and contiguous to a municipal16 15corporation in another state may have one bank office in16 16addition to the number of bank offices permitted by paragraph16 17"a"; provided that nothingNothing contained in this paragraph 16 18 authorizes a state bank to establish a bank office outside of 16 19 the boundaries of this state. 16 20 Sec. 42. Section 524.1213, subsection 3, unnumbered 16 21 paragraph 1, Code 1999, is amended to read as follows: 16 22 Any two or more state banks, national banks, or state and 16 23 national banks that are located in this state, that are 16 24 affiliates as defined in section 524.1101, and that 16 25 individually have been in existence and operated as banks 16 26 continuously in this state for at least five years, may be 16 27 merged or consolidated into a single state or national bank, 16 28 and the resulting entity shall be a "united community bank". 16 29Subject to subsection 12, theThe resulting united community 16 30 bank of the merger or consolidation: 16 31 Sec. 43. Section 595.2, subsection 4, Code 1999, is 16 32 amended to read as follows: 16 33 4. A marriage license may be issued to a male and a female 16 34 either or both of whom are sixteen or seventeen years of age 16 35 if both of the following apply: 17 1 a. The parents of the underaged party or parties certify 17 2 in writing that they consent to the marriage. If one of the 17 3 parents of any underaged party to a proposed marriage is dead 17 4 or incompetent the certificate may be executed by the other 17 5 parent, if both parents are dead or incompetent the guardian 17 6 of the underaged party may execute the certificate, and if the 17 7 parents are divorced the parent having legal custody may 17 8 execute the certificate and 17 9 b. The certificate of consent of the parents, parent, or 17 10 guardian is approved by a judge of the district court or, if 17 11 both parents of any underaged party to a proposed marriage are 17 12 dead, incompetent, or cannot be located and the party has no 17 13 guardian, the proposed marriage is approved by a judge of the 17 14 district court. A judge shall grant approval under this 17 15 subsection only if the judge finds the underaged party or 17 16 parties capable of assuming the responsibilities of marriage 17 17 and that the marriage will serve the best interest of the 17 18 underaged party or parties. Pregnancy alone does not 17 19 establish that the proposed marriage is in the best interest 17 20 of the underaged party or parties, however, if pregnancy is 17 21 involved the court records which pertain to the fact that the 17 22 female is pregnant shall be sealed and available only to the 17 23 parties to the marriage or proposed marriage or to any 17 24 interested party securing an order of the court. 17 25c.5. If a parent or guardian withholds consent, the judge 17 26 upon application of a party to a proposed marriage shall 17 27 determine if the consent has been unreasonably withheld. If 17 28 the judge so finds, the judge shall proceed to review the 17 29 application under subsection 4, paragraph "b". 17 30 Sec. 44. Section 708.2A, subsection 6, paragraph b, Code 17 31 1999, is amended to read as follows: 17 32 b. A person convicted of violating subsection 4 shall be 17 33 sentenced as provided under section 902.9, subsection 4, 17 34 committed to the custody of the director of the department of 17 35 corrections, and shall be assessed a fine of at least seven 18 1 hundred fifty dollars. The person shall be denied parole or 18 2 work release until the person has served a minimum of one year 18 3 of the person's sentence. Notwithstanding section 901.5, 18 4subsectionsubsections 1, 3, and 5, and section 907.3, 18 5subsection 3, the person cannot receive a suspended or 18 6 deferred sentence or a deferred judgment; however, the person 18 7 sentenced shall receive credit for any time the person was 18 8 confined in a jail or detention facility following arrest. 18 9 Sec. 45. Section 904.108, subsection 1, paragraph d, Code 18 10 1999, is amended to read as follows: 18 11 d. Establish and maintain acceptable standards of 18 12 treatment, training, education, and rehabilitation in the 18 13 various state penal and corrective institutions which shall 18 14 include habilitative services and treatment for offenders with 18 15 mental retardation. For the purposes of this paragraph, 18 16 "habilitative services and treatment" means medical, mental 18 17 health, social, educational, counseling, and other services 18 18 which will assist a person with mental retardation to become 18 19 self-reliant. However, the director may also provide 18 20 rehabilitative treatment and services to other persons who 18 21 require the services. The director shall identify all 18 22 individuals entering the correctional system who are persons 18 23 with mental retardation, as defined in section 222.2, 18 24 subsection 4. Identification shall be made by a qualified 18 25 professional in the area of mental retardation. In assigning 18 26 an offender with mental retardation, or an offender with an 18 27 inadequately developed intelligence or with impaired mental 18 28 abilities, to a correctional facility, the director shall 18 29 consider both the program needs and the security needs of the 18 30 offender. The director shall consult with the department of 18 31 human services in providing habilitative services and 18 32 treatment to offenders with mental illness or mental 18 33 retardation. The director may enter into agreements with the 18 34 department of human services to utilize mental health 18 35 institutions and share staff and resources for purposes of 19 1 providing habilitative services and treatmentservices, as 19 2 well as providing other special needs programming. Any 19 3 agreement to utilize mental health institutions and to share 19 4 staff and resources shall provide that the costs of the 19 5 habilitative services and treatmentservicesshall be paid 19 6 from state funds. Not later than twenty days prior to 19 7 entering into any agreement to utilize mental health 19 8 institution staff and resources, other than the use of a 19 9 building or facility, for purposes of providing habilitative 19 10 services and treatmentservices, as well as other special 19 11 needs programming, the directors of the departments of 19 12 corrections and human services shall each notify the 19 13 chairpersons and ranking members of the joint appropriations 19 14 subcommittees that last handled the appropriation for their 19 15 respective departments of the pending agreement. Use of a 19 16 building or facility shall require approval of the general 19 17 assembly if the general assembly is in session or, if the 19 18 general assembly is not in session, the legislative council 19 19 may grant temporary authority, which shall be subject to final 19 20 approval of the general assembly during the next succeeding 19 21 legislative session. 19 22 Sec. 46. Section 915.10, subsection 3, Code 1999, is 19 23 amended to read as follows: 19 24 3. "Victim" means a person who has suffered physical, 19 25 emotional, or financial harm as the result of a public offense 19 26 or a delinquent act, other than a simple misdemeanor, 19 27 committed in this state. "Victim" also includes the immediate 19 28 family members of a victim who died or was rendered 19 29 incompetent as a result of the offense or who was under 19 30 eighteen years of age at the time of the offense. 19 31 Sec. 47. Section 915.41, Code 1999, is amended to read as 19 32 follows: 19 33 915.41 MEDICAL EXAMINATION COSTS. 19 34 The cost of a medical examination of a victim for the 19 35 purpose of gathering evidence and the cost of treatment of a 20 1 victim for the purpose of preventing venereal disease shall be 20 2 paid from the fund established in section 915.94. 20 3 Sec. 48. Section 915.42, subsection 4, paragraph a, Code 20 4 1999, is amended to read as follows: 20 5 a. Prior to the scheduling of a hearing, refer the victim 20 6 for counseling by a victim counselor or a person requested by 20 7 the victim who is authorized to provide the counseling 20 8 required pursuant to section 141.22, regarding the nature, 20 9 reliability, and significance of the HIV-related test and of 20 10 the serologic status of the convicted or alleged offender. 20 11 Sec. 49. Section 915.42, subsection 6, paragraph b, Code 20 12 1999, is amended to read as follows: 20 13 b. An authorized representative of the petitioner or 20 14 victim, the county attorney, or the court sought to obtain 20 15 written informed consent from the convicted or alleged 20 16 offender. 20 17 Sec. 50. Section 915.43, subsection 11, Code 1999, is 20 18 amended to read as follows: 20 19 11. Notwithstanding the provisions of this subchapter 20 20 requiring initial testing, if a petition is filed with the 20 21 court under section 915.42 requesting an order for testing and 20 22 the order is granted, and if a test has previously been 20 23 performed on the convicted or alleged offender while under the 20 24 control of the department of corrections, the test results 20 25 shall be provided in lieu of the performance of an initial 20 26 test of the convicted or alleged offender, in accordance with 20 27 this subchapter. 20 28 Sec. 51. Section 915.50, subsection 2, Code 1999, is 20 29 amended to read as follows: 20 30 2. The right, pursuant to section 236.12, for law 20 31 enforcement to remain on the scene, to assist the victim in 20 32 leaving the scene, totransportassist the victim in obtaining 20 33 transportation to medical care, and to provide the person with 20 34 a written statement of victim rights and information about 20 35 domestic abuse shelters, support services, and crisis lines. 21 1 Sec. 52. Section 915.100, subsection 2, paragraph h, Code 21 2 1999, is amended to read as follows: 21 3 h. If a convicted felonattempts toor the representative 21 4 of a convicted felon receives or is owed any profitfromwhich 21 5 is realized as a result of the commission of the crime, and 21 6 the attorney general brings an action to recover such profits, 21 7 the victim may be entitled to funds held in escrow, pursuant 21 8 to the provisions of section 910.15. 21 9 Sec. 53. Sections 236A.1, 307.38, 428.9, 428.11, 428.13, 21 10 428.14, 428.15, 428.34, 428.36, 441.30, 455H.501, 455H.502, 21 11 and 505.20, Code 1999, are repealed. 21 12 Sec. 54. Chapter 7G, Code 1999, is repealed. 21 13 Sec. 55. 1998 Iowa Acts, chapter 1138, section 35, is 21 14 amended to read as follows: 21 15 SEC. 35. EFFECTIVE DATES. Division VI of this Act takes 21 16 effectupon enactment orApril 16, 1998, whichever is later. 21 17 Sec. 56. 1998 Iowa Acts, chapter 1209, section 28, is 21 18 amended to read as follows: 21 19 SEC. 28. Section445B.201455B.201, subsection 4, Code 21 20 1997, is amended by striking the subsection. 21 21 Sec. 57. 1998 Iowa Acts, chapter 1209, section 53, is 21 22 amended to read as follows: 21 23 SEC. 53. EFFECTIVE DATES. 21 24 1. Sections 9, 10, 14, 27, 29, 38, 39, 40 through 43, 48, 21 25 49, and this section, being deemed of immediate importance, 21 26 take effect upon enactment. 21 27 2. Sections 11, 13, 15, 16, 18 through 21, 23, 26, 30, 31, 21 28 and 33 through 35 take effect on January 1, 1999. 21 29 3. In section 455B.162, subsections 1, 1A, and 1C, as 21 30 enacted by sections 15 and 16 of this Act, and in section 21 31 455B.163, as amended by section 18 of this Act, and in section 21 32 657.11, subsection 7, as enacted by section 38 of this Act, 21 33 the words "the effective date of this section" shall mean the 21 34 effective date of the section of this Act in which the 21 35 enactments or amendments are made as specified in subsections 22 1 1 and 2 of this section of this Act. 22 2 Sec. 58. EFFECTIVE DATES – RETROACTIVE APPLICABILITY. 22 3 1. Sections 55, 56, and 57 of this Act, being deemed of 22 4 immediate importance, take effect upon enactment. 22 5 2. Section 55 of this Act applies retroactively to April 22 6 16, 1998. 22 7 3. Section 56 of this Act applies retroactively to July 1, 22 8 1998. 22 9 4. Section 57 of this Act applies retroactively to May 21, 22 10 1998. 22 11 EXPLANATION 22 12 This bill makes corrections to the Code of Iowa to reflect 22 13 current practices, to insert omissions, to delete 22 14 redundancies, inaccuracies, and temporary language, to resolve 22 15 inconsistencies and conflicts, to update ongoing provisions, 22 16 and to remove ambiguities. 22 17 Section 12D.2. Subsection 12 of this section is amended to 22 18 specify that Iowa educational savings plan trust endowment 22 19 fund moneys can be taken from the fund and invested and that 22 20 the investments are not within the fund itself. 22 21 Section 12D.6. Subsection 6 of this section is amended by 22 22 striking the word "participant" and inserting the word 22 23 "individual" in provisions relating to the transfer of 22 24 ownership rights to moneys paid under a participation 22 25 agreement. The term "eligible participant" is not defined and 22 26 the term "participant" is limited to persons, or their legal 22 27 representatives, who have entered into contractual agreements 22 28 for the payment of moneys for the payment of a beneficiary's 22 29 higher education costs. The subsection specifically 22 30 contemplates possible transfer of ownership rights to a minor 22 31 beneficiary, who may be under a legal disability with respect 22 32 to entering into contracts. 22 33 Section 15.241. Subsection 1, unnumbered paragraph 1, is 22 34 amended by striking language which refers to the coordination 22 35 of the self-employment loan program with the job training 23 1 partnership program under section 15.108, subsection 6, 23 2 paragraph "c". Section 15.108, subsection 6, paragraph "c", 23 3 was stricken as part of the amendments made to that section 23 4 under 1996 Iowa Acts, chapter 1186, and the job training 23 5 partnership program was transferred from the jurisdiction of 23 6 the department of economic development to the department of 23 7 workforce development. 23 8 Section 87.11. Unnumbered paragraph 6 of this section is 23 9 amended to specify that the financial statements, relating to 23 10 an employer's solvency and financial ability to pay workers' 23 11 compensation and benefits without additional insurance, are 23 12 provided to the commissioner of insurance and any disclosure 23 13 or examination of those statements is subject to the rules of 23 14 the commissioner of insurance. 23 15 Section 135C.33. Subsection 2 is amended to specify that 23 16 if the department of human services determines pursuant to a 23 17 child abuse record check that a person who has applied for 23 18 employment with a health care facility licensed by the 23 19 department of inspections and appeals has a record of founded 23 20 child abuse, the department of human services is to notify the 23 21 licensee that an evaluation will be conducted to determine 23 22 whether the person's employment is warranted. Although the 23 23 term "department" is defined under chapter 135C to mean the 23 24 department of inspections and appeals, because it is the 23 25 department of human services which has access to the child 23 26 abuse registry information under section 232.71D, the term as 23 27 used in the amended sentence refers to the department of human 23 28 services. 23 29 Sections 144.36 and 144.46. Subsection 4 of section 144.36 23 30 and section 144.46 are amended to correct references to the 23 31 subsections requiring the collection and forwarding or 23 32 retaining of certain fees by county registrars under section 23 33 331.605. 1995 Iowa Acts, chapter 124, section 11, added new 23 34 subsections 6 and 7 to section 331.605. The subsections were 23 35 renumbered during the codification process. However, 24 1 references to the new subsections, one of which was contained 24 2 in this section, were not corrected to reflect that 24 3 renumbering. Subsection 5 of section 331.605 relates to the 24 4 county fee for birth records, death records, or marriage 24 5 certificates; subsection 6 refers to the filing fee for 24 6 licenses to marry; and subsection 7 refers to other fees as 24 7 provided by law. 24 8 Sections 147.111 and 147.112. The term "serious bodily 24 9 injury" is amended by striking the word "bodily" to conform 24 10 the usage of the term within these sections to the term as 24 11 referenced and defined in Code section 702.18. Both sections 24 12 refer to the reporting of certain wounds which appear to have 24 13 been received in connection with the commission of a criminal 24 14 offense. 24 15 Section 166.6. Unnumbered paragraph 1 of this section is 24 16 amended to change the bond amount listed for dealers in 24 17 biological products for each place of business from $1,000 to 24 18 $5,000. The change conforms the bond amount to the bond 24 19 amount specified for dealers for each place of business under 24 20 section 166.13, subsection 1. 24 21 Section 216.15B. Subsection 1 is amended by converting the 24 22 definition of the term "mediator" to a requirement that the 24 23 civil rights commission designate a person as mediator to 24 24 conduct mediation under the civil rights chapter. 1998 Iowa 24 25 Acts, chapter 1062, struck former subsections 2 and 3 of this 24 26 section, which contained all other uses of the term "mediator" 24 27 in section 215.15B and which had previously necessitated the 24 28 definition of the term in subsection 1. 24 29 Section 216A.78. Language which states that the 24 30 administrator of the commission of persons with disabilities 24 31 may be an employee of another agency and which permits the 24 32 commission to appoint personnel for the administration of 24 33 policies and programs of the commission is stricken. The 24 34 striking of the language conforms the section to sections 24 35 216A.2 and 216A.71, which provide that the administrator of 25 1 the commission is the director of the department of human 25 2 rights and that the director has the responsibility for 25 3 coordination and supervision of personnel for the various 25 4 divisions of the department. 25 5 Sections 216B.3, 262.9, and 307.21. Subsection 14 of 25 6 section 216B.3, subsection 6 of section 262.9, and subsection 25 7 4, paragraph "b", of section 307.21 are amended by striking a 25 8 requirement that information regarding on-site review of waste 25 9 management in product bidding and contract procedures be 25 10 required under section 18.6 for institutions under the 25 11 commission for the blind and the state board of regents. 25 12 Under 1998 Iowa Acts, chapter 1164, section 12, and chapter 25 13 1119, section 15, that requirement was stricken from section 25 14 18.6. 25 15 Section 260C.47. Subsection 1, unnumbered paragraph 1, is 25 16 amended by striking a reference to a joint agreement between 25 17 the department of education and the community colleges 25 18 regarding an accreditation process for community colleges that 25 19 was to be reached by July 1, 1997. The Code section and 25 20 subsection referenced have been stricken from the Code. 25 21 Sections 312.2 and 321.34. Subsection 17 of section 312.2 25 22 and subsection 11B of section 321.34 are amended by changing a 25 23 reference to section 321.189, subsection 9, to a reference to 25 24 section 321.180B. 1998 Iowa Acts, chapter 1112, repealed the 25 25 motorcycle rider education fund established in subsection 9 of 25 26 section 321.189 and reestablished the fund in new section 25 27 321.180B. 25 28 Section 321.20B. The amendment strikes the limitation on 25 29 persons who may seek to have a citation dismissed when issued 25 30 a citation for failure to provide proof of financial liability 25 31 coverage. 1998 Iowa Acts, chapter 1121, provided a procedure 25 32 for persons who were issued such a citation by a peace officer 25 33 to have the citation dismissed if the person produces to the 25 34 clerk of court within 30 days of the issuance of the citation 25 35 proof that financial liability coverage was in effect. As 26 1 drafted, however, the bill permitted only persons who were 26 2 issued a citation and either had their plates and registration 26 3 removed or had their car impounded to have the citation 26 4 dismissed. Persons who were simply issued the citation were 26 5 not given that option. 26 6 Section 321G.4. Unnumbered paragraph 2 is amended to 26 7 conform the registration fee for all-terrain vehicles or 26 8 snowmobiles to the fee as specified in section 321G.6. 1997 26 9 Iowa Acts, chapter 148, raised the fee amount for such 26 10 registrations, but this section was not amended. 26 11 Section 322B.3. Subsection 5, which pertains to mobile 26 12 home hookups, is amended by changing punctuation in the 26 13 section to conform the operation of the section with the 26 14 apparent intent to allow mobile home dealers and their 26 15 employees to perform the connections necessary to hook up a 26 16 mobile home to utility services. As drafted, the subsection 26 17 would appear to extend the duties to connections within the 26 18 mobile home itself, not just to the mobile home. 26 19 Section 357A.24. Subsections 3 and 4 are amended to 26 20 conform use of the term "board of supervisors" within 26 21 provisions dealing with detachment and attachment of areas to 26 22 rural water districts to the definitions for the term which 26 23 are contained in section 357A.1. 26 24 Section 420.207. A reference to section 437.14 is stricken 26 25 from this provision which relates to taxation provisions which 26 26 apply to cities acting under special charters. Section 437.14 26 27 was repealed by 1998 Iowa Acts, chapter 1194. 26 28 Section 422.9. Subsection 1, paragraph "i", which relates 26 29 to computation of tax deductions for medical expenses, is 26 30 amended to change a reference from section 422.7, subsection 26 31 32, to section 422.7, subsection 29. 1998 Iowa Acts, chapter 26 32 1174, struck former subsections 29 through 31 of section 422.7 26 33 and former subsections 32 through 34 were renumbered as 26 34 subsections 29 through 31. Correction of this internal 26 35 reference to former subsection 32 was inadvertently missed in 27 1 the renumbering process. 27 2 Section 435.26. Subsection 3 of section 435.26 is amended 27 3 to delete references to modular homes. 1998 Iowa Acts, 27 4 chapter 1107, removed modular homes from certain aspects of 27 5 the scope of chapter 435, which relates to taxes on homes in 27 6 mobile home parks. 27 7 Section 437A.3. The word "excise" is added, in subsection 27 8 28, before the word "tax" in the definition of the term 27 9 "transfer replacement tax" in the chapter relating to taxes on 27 10 electricity and natural gas providers. The transfer 27 11 replacement tax is one of two taxes imposed under the chapter 27 12 to replace the property taxes previously imposed on those 27 13 providers. The other tax, the "replacement tax", which is 27 14 defined in subsection 23 and which is designated as an excise 27 15 tax, is imposed and has the same character as the transfer 27 16 replacement tax defined in this section. 27 17 Section 441.21. Subsection 2 of this section, which 27 18 pertains to the taxation of personal property, is stricken. 27 19 Personal property is no longer taxed in Iowa. 27 20 Section 455B.202. Subsection 2, paragraph "b", of this 27 21 section is amended to specify that the persons who are 27 22 restricted from constructing or expanding an animal feeding 27 23 operating structure which is part of a confinement feed 27 24 operation are those persons who have personally committed a 27 25 violation of requirements pertaining to confinement feeding 27 26 operations or those persons who have a controlling interest in 27 27 a confinement feeding operation which committed a violation. 27 28 Section 455B.203A. Subsection 5, paragraph "b", 27 29 subparagraph (2), unnumbered paragraph 1, which contains an 27 30 exception to the requirement that a person be certified as a 27 31 confinement site manure applicator prior to engaging in 27 32 certain activities, is amended to specify that the requirement 27 33 does not apply to persons who are acting under the 27 34 instructions and control of a certified confinement site 27 35 manure applicator, instead of a certified commercial manure 28 1 applicator. 28 2 Sections 455G.8, 455G.11, 455G.13, and 455G.21. The 28 3 amendments to these sections make corrections which relate to 28 4 the operation of the Iowa petroleum underground storage tank 28 5 program. Changes made in subsection 2 of section 455G.8 and 28 6 subsections 1 and 2 of section 455G.8 delete references to use 28 7 tax revenue allocations to the marketability and innocent 28 8 landowner's funds. The use tax revenues were retroactively 28 9 transferred to the department of economic development under 28 10 1998 Iowa Acts, chapter 1207, leaving no use tax revenue 28 11 available for allocation in the marketability fund. The 28 12 balance of the changes relate to the separation of the former 28 13 insurance account from the Iowa underground storage tank fund 28 14 and the creation of a separate underground tank insurance 28 15 fund. Language remaining in subsection 4 of section 455G.8 is 28 16 moved to subsection 8 of section 455G.11 to reflect the 28 17 separation of the two funds and references to the term "fund" 28 18 are changed to "underground storage tank insurance fund" or 28 19 "insurance fund" to specify that the fund referred to is not 28 20 the "fund" as defined under section 455G.2. 28 21 Section 486A.906. Subsection 3, paragraphs "b" and "c", 28 22 are amended to specify that, in the event of a merger of two 28 23 partnerships under the Uniform Partnership Act provisions 28 24 which were adopted pursuant to 1998 Iowa Acts, chapter 1201, 28 25 certain obligations incurred prior and subsequent to the 28 26 merger must be satisfied out of the assets of the surviving 28 27 entity. 28 28 Section 505.8. Subsection 2 of this section is amended by 28 29 striking references to duties of the commissioner of insurance 28 30 which relate to obtaining data for the community health 28 31 management information system. The chapter establishing the 28 32 community health management information system was repealed 28 33 pursuant to 1998 Iowa Acts, chapter 1119. 28 34 Section 524.1202. Subsection 2, paragraph "b", is amended 28 35 by striking language which permits state banks to have an 29 1 additional bank office when the state bank is located in a 29 2 municipal corporation or urban complex which is located on a 29 3 boundary of this state and is contiguous to a municipal 29 4 corporation in another state. 1998 Iowa Acts, chapter 1033, 29 5 struck the limitation on the number of bank offices that a 29 6 state bank may have in this state. 29 7 Section 524.1213. Subsection 3, unnumbered paragraph 1, is 29 8 amended to strike a reference to subsection 12. The reference 29 9 was to former subsection 12, not current subsection 12, and 29 10 former subsection 12 was stricken in 1998 Iowa Acts, chapter 29 11 1033, section 3. 29 12 Section 595.2. Subsection 4 is amended by specifying that 29 13 the conditions referred to in paragraphs "a" and "b" are the 29 14 conditions which relate to the issuance of a marriage license 29 15 to a male and a female who are 16 or 17 years of age. Former 29 16 paragraph "c", which does not state a condition, is 29 17 redesignated as subsection 5. 29 18 Section 708.2A. Subsection 6, paragraph "b", is amended to 29 19 change references to sections 901.5 and 907.3, by adding 29 20 references to subsections 1 and 5 of section 901.5, and by 29 21 deleting a reference to subsection 3 of section 907.3. Given 29 22 the language relating to suspended or deferred sentences and 29 23 deferred judgments in the balance of the sentence, it is 29 24 apparent that these references should be added. 29 25 Section 904.108. Subsection 1, paragraph "d", is amended 29 26 to conform the habilitative services and treatment to be 29 27 provided by the department of human services to the term as 29 28 defined in the paragraph. 29 29 Section 915.10. Subsection 3 is amended to include victims 29 30 of delinquent acts within the definition of victim in this 29 31 subsection. This definition is referenced in subchapter II of 29 32 chapter 915 which pertains to victims of juveniles. 29 33 Section 915.41. The words "of a victim" are added after 29 34 the words "medical examination" and "treatment" to specify 29 35 that it is the victim's medical examination and treatment 30 1 costs which are to be paid from the victim compensation fund 30 2 established in section 915.94. This change is consistent with 30 3 the interpretation of the section, formerly section 709.10, as 30 4 expressed in the administrative rules which pertain to the 30 5 victim compensation fund. 30 6 Sections 915.42 and 915.43. Subsection 4, paragraph "a", 30 7 and subsection 11 of section 915.42 are amended to add the 30 8 words "or alleged" after the word "convicted" and before the 30 9 word "offender". 1998 Iowa Acts, chapter 1087, expanded the 30 10 scope of provisions requiring offenders to submit to HIV- 30 11 related tests to include alleged offenders. Subsection 6 is 30 12 amended to add, in the procedure by which a victim or 30 13 petitioner may seek to compel submission by a convicted or 30 14 alleged offender to HIV-related testing, the words "or victim" 30 15 to specify that an authorized representative of a victim of 30 16 sexual assault could have been one of the individuals who 30 17 sought to obtain written informed consent to HIV-related 30 18 testing from the convicted or alleged offender. 30 19 Section 915.50. Subsection 2 is amended to conform 30 20 language relating to the amount of assistance provided by law 30 21 enforcement officers to victims in obtaining transportation to 30 22 medical care in domestic abuse matters, to the language 30 23 referred to in section 236.12. 30 24 Section 915.100. Subsection 2 is amended to conform the 30 25 language contained in paragraph "h" to the language in section 30 26 910.15, which is referenced in this paragraph. Section 910.15 30 27 pertains to actions by the attorney general to recover moneys 30 28 and other property received or owed as a result of the 30 29 commission of a felony offense and to distribute the moneys or 30 30 property to victims and the convicted felon. 30 31 Section 236A.1. This section is repealed because 1998 Iowa 30 32 Acts, chapter 1090, enacted the identical provision as new 30 33 section 915.20A and changed all references to this section to 30 34 refer to the new section 915.20A. 30 35 Section 307.38. Section 307.38, which relates to public 31 1 transit loans, is repealed. All events and activities to 31 2 which the section relates have taken place. 31 3 Sections 428.9, 428.11, 428.13, 428.14, 428.15, 428.34, 31 4 428.36, and 441.30. These sections, which pertain to the 31 5 taxation of personal property, are repealed. Personal 31 6 property is no longer taxed in Iowa. 31 7 Sections 455H.103, 455H.501, and 455H.502. Subsection 15 31 8 of section 455H.103 and these other two sections are repealed 31 9 because the technical advisory committee and the department 31 10 have completed all of the duties required by these sections 31 11 and the technical advisory committee has been disbanded and 31 12 ceases to function as required under subsection 2, paragraph 31 13 "e", of section 455H.502. 31 14 Section 505.20. This section is repealed due to the repeal 31 15 of chapter 144C, which established the community health 31 16 management information system, by 1998 Iowa Acts, chapter 31 17 1119. Because the community health management information 31 18 system no longer exists, the commissioner no longer performs 31 19 these duties. 31 20 Chapter 7G. This chapter, which establishes the various 31 21 commissions in charge of the Iowa statehood sesquicentennial, 31 22 is repealed. The state commission has completed its duties 31 23 and the final audit has been completed. The county 31 24 commissions expired under subsection 3 of section 7G.2 on June 31 25 30, 1997, and all assets were required to be transferred to 31 26 local historical societies under that subsection at that time. 31 27 1998 Iowa Acts, chapter 1138, section 35. This section of 31 28 the 1998 Iowa Acts is amended to conform the effective date to 31 29 the effective date of 1998 Iowa Acts, chapter 1011. The 31 30 division of chapter 1138 to which the effective date applies 31 31 amended chapter 1011, which relates to workplace drug testing, 31 32 and the effective dates of this division of chapter 1138 and 31 33 chapter 1011 were intended to be the same. This section is 31 34 effective upon enactment and retroactively applicable to April 31 35 16, 1998. 32 1 1998 Iowa Acts, chapter 1209, section 28. This provision 32 2 is amended by changing a reference to section 445B.201, 32 3 subsection 4, to a reference to section 455B.201, subsection 32 4 4. Section 445B.201 does not exist and, from previous 32 5 versions of the Act as it was progressing through the 32 6 legislative process, it is apparent that reference to section 32 7 455B.201 was intended. This section is effective upon 32 8 enactment and is retroactively applicable to July 1, 1998. 32 9 1998 Iowa Acts, chapter 1209, section 53. This section is 32 10 amended to specify that where amendments to certain existing 32 11 Code sections were made that included the words "effective 32 12 date of this section", those words related to the effective 32 13 date of the enactments or amendments to those Code sections 32 14 and not to the original effective date of the Code section. 32 15 This section is effective upon enactment and is retroactively 32 16 applicable to May 21, 1998. 32 17 LSB 1620HC 78 32 18 lh/jw/5
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