Text: HSB00264 Text: HSB00266 Text: HSB00200 - HSB00299 Text: HSB 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, 2000, and ending June 30, 2001, 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 .................................................. $ 21,773,602 1 16 The funding appropriated in this section is the allowed 1 17 growth factor adjustment of 1.57 percent for fiscal year 2000- 1 18 2001, and is allocated as follows: 1 19 1. For distribution to counties for fiscal year 2000-2001 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 .................................................. $ 5,773,602 1 27 3. For deposit in the incentive and efficiency pool 1 28 created in the property tax relief fund pursuant to section 1 29 426B.5, subsection 2: 1 30 .................................................. $ 2,000,000 1 31 4. For deposit in the risk pool created in the property 1 32 tax relief fund pursuant to section 426B.5, subsection 3: 1 33 .................................................. $ 2,000,000 1 34 DIVISION II 1 35 LOTTERY PROCEEDS 2 1 Sec. 2. Section 99E.10, subsection 1, unnumbered paragraph 2 2 3, Code 1999, is amended to read as follows: 2 3The committing the lottery to environment, agriculture, and2 4natural resources fund, also to be known as the CLEAN fund, is2 5created in the office of the treasurer of state.Lottery 2 6 revenue remaining after expenses are determined shall be 2 7 transferred to theCLEANgeneral fund of the state on a 2 8 monthly basis.Revenues generated during the last month of2 9the fiscal year which are transferred to the CLEAN fund during2 10the following fiscal year shall be considered revenues2 11transferred during the previous fiscal year for purposes of2 12the allotments made to and appropriations made from the2 13separate accounts in the CLEAN fund for that previous fiscal2 14year.However, upon the request of the director and subject 2 15 to approval by the treasurer of state, an amount sufficient to 2 16 cover the foreseeable administrative expenses of the lottery 2 17 for a period of twenty-one days may be retained from the 2 18 lottery revenue. Prior to the monthly transfer to theCLEAN2 19 general fund of the state, the director may direct that 2 20 lottery revenue shall be deposited in the lottery fund and in 2 21 interest-bearing accounts designated by the treasurer of state 2 22 in the financial institutions of this state or invested in the 2 23 manner provided in section 12B.10. Interest or earnings paid 2 24 on the deposits or investments is considered lottery revenue 2 25 and shall be transferred to theCLEANgeneral fund of the 2 26 state in the same manner as other lottery revenue.Money in2 27the CLEAN fund shall be deposited in interest-bearing accounts2 28in financial institutions in this state or invested in the2 29manner provided in section 12B.10. The interest or earnings2 30on the deposits or investments shall be considered part of the2 31CLEAN fund and shall be retained in the fund unless2 32appropriated by the general assembly.2 33 Sec. 3. Section 99E.10, subsection 2, Code 1999, is 2 34 amended to read as follows: 2 35 2. The director of management shall not include lottery 3 1 revenues in the director's fiscal year revenue estimates. 3 2Moneys in the CLEAN fund shall not be considered a part of the3 3Iowa economic emergency fund.3 4 Sec. 4. Section 99E.20, subsection 2, Code 1999, is 3 5 amended to read as follows: 3 6 2. A lottery fund is created in the office of the 3 7 treasurer of state. The fund consists of all revenues 3 8 received from the sale of lottery tickets or shares and all 3 9 other moneys lawfully credited or transferred to the fund. 3 10 The commissioner shall certify monthly that portion of the 3 11 fund that is transferred to theCLEANgeneral fund of the 3 12 state under section 99E.10 and shall cause that portion to be 3 13 transferred to theCLEANgeneral fund of the state. The 3 14 commissioner shall certify before the twentieth of each month 3 15 that portion of the lottery fund resulting from the previous 3 16 month's sales to be transferred to theCLEANgeneral fund of 3 17 the state. 3 18 Sec. 5. Section 99E.34, Code 1999, is repealed. 3 19 DIVISION III 3 20 STATE MEDICAL EXAMINER 3 21 Sec. 6. Section 691.5, Code 1999, is amended to read as 3 22 follows: 3 23 691.5 STATE MEDICAL EXAMINER. 3 24 The office and position of state medical examiner is 3 25created under the control, direction, and supervision of the3 26commissioner of public safety. The commissioner of public3 27safety may assign the office of the state medical examiner to3 28a division or bureau within the public safety department3 29 established for administrative purposes within the Iowa 3 30 department of public health. Other state agencies shall 3 31 cooperate with the state medical examiner in the use of state- 3 32 owned facilities when appropriate for the performance of 3 33 nonadministrative duties of the state medical examiner. The 3 34 state medical examiner shall be a physician and surgeon or 3 35 osteopathic physician and surgeon, be licensed to practice 4 1 medicine in the state of Iowa, andpossess special knowledge4 2inbe board certified or eligible to be board certified in 4 3 anatomic and forensic pathology by the American board of 4 4 pathology. The state medical examiner shall be appointed by 4 5 and serve at the pleasure of thecommissioner of public safety4 6 director of public health upon the advice of and in 4 7 consultation with the director of public safety and the 4 8 governor. The state medical examiner, in consultation with 4 9 the director of public health, shall be responsible for 4 10 developing and administering the medical examiner's budget and 4 11 for employment of medical examiner staff and assistants. The 4 12 state medical examiner may be a faculty member of the college 4 13 of medicine or the college of law at the University of Iowa, 4 14 and any of the examiner's assistants or staff may be members 4 15 of the faculty or staff of the college of medicine or the 4 16 college of law at the University of Iowa. 4 17 Sec. 7. Section 691.6, subsection 3, Code 1999, is amended 4 18 to read as follows: 4 19 3. To adopt rules pursuant to chapter 17A, and subject to 4 20 the approval of thecommissioner of public safetydirector of 4 21 public health, with the advice and approval of the state 4 22 medical examiner advisory council, regarding the manner and4 23techniques to be employed while conducting autopsies; the4 24nature, character, and extent of investigations to be made in4 25cases of homicide or suspected homicide necessary to allow a4 26medical examiner to render a full and complete analysis and4 27report; the format and matters to be contained in all reports4 28rendered by medical examiners; and all other things necessary4 29to carry out this section.All county medical examiners and4 30peace officers are subject to the rules.4 31 Sec. 8. NEW SECTION. 691.6A DEPUTY STATE MEDICAL 4 32 EXAMINER – CREATION AND DUTIES. 4 33 The position of deputy state medical examiner is created 4 34 within the office of the state medical examiner. The deputy 4 35 state medical examiner shall report to and be responsible to 5 1 the state medical examiner. The deputy state medical examiner 5 2 shall meet the qualification criteria established in section 5 3 691.5 for the state medical examiner and shall be subject to 5 4 rules adopted by the state medical examiner as provided in 5 5 section 691.6, subsection 3. The state medical examiner and 5 6 the deputy state medical examiner shall function as a team, 5 7 providing peer review as necessary, fulfilling each other's 5 8 job responsibilities during times of absence, and working 5 9 jointly to provide services and education to county medical 5 10 examiners, law enforcement officials, hospital pathologists, 5 11 and other individuals and entities. The deputy medical 5 12 examiner may be, but is not required to be, a full-time 5 13 salaried faculty member of the department of pathology of the 5 14 college of medicine at the university of Iowa. If the medical 5 15 examiner is a full-time salaried faculty member of the 5 16 department of pathology of the college of medicine at the 5 17 university of Iowa, the Iowa department of public health and 5 18 the state board of regents shall enter into a chapter 28E 5 19 agreement to define the activities and functions of the deputy 5 20 medical examiner, and to allocate deputy medical examiner 5 21 costs, consistent with the requirements of this section. 5 22 Sec. 9. NEW SECTION. 691.6B INTERAGENCY COORDINATING 5 23 COUNCIL. 5 24 An interagency coordinating council is created to advise 5 25 the state medical examiner concerning the assurance of 5 26 effective coordination of the functions and operations of the 5 27 office of the state medical examiner with the needs and 5 28 interests of the departments of public safety and public 5 29 health. Members of the interagency coordinating council shall 5 30 include the state medical examiner, or when the state medical 5 31 examiner is not available, the deputy state medical examiner; 5 32 the commissioner of public safety or the commissioner's 5 33 designee; the director of public health or the director's 5 34 designee; and the governor or the governor's designee. The 5 35 interagency coordinating council shall meet on a regular 6 1 basis. 6 2 Sec. 10. NEW SECTION. 691.6C STATE MEDICAL EXAMINER 6 3 ADVISORY COUNCIL. 6 4 A state medical examiner advisory council is established to 6 5 advise and consult with the state medical examiner on a range 6 6 of issues affecting the organization and functions of the 6 7 office of the state medical examiner and the effectiveness of 6 8 the medical examiner system in the state. Membership of the 6 9 state medical examiner advisory council shall be determined by 6 10 the state medical examiner, in consultation with the director 6 11 of public health, and shall include, but not necessarily be 6 12 limited to, representatives from the office of the attorney 6 13 general, the Iowa county attorneys association, the Iowa 6 14 medical society, the Iowa association of pathologists, the 6 15 Iowa association of county medical examiners, the departments 6 16 of public safety and public health, the statewide emergency 6 17 medical system, and the Iowa funeral directors association. 6 18 The advisory council shall meet on a quarterly or more 6 19 frequent basis, and shall be organized and function as 6 20 established by the state medical examiner by rule. 6 21 Sec. 11. Section 691.7, Code 1999, is amended to read as 6 22 follows: 6 23 691.7 COMMISSIONER TO ACCEPT FEDERAL OR PRIVATE GRANTS. 6 24 The commissioner of public safety may accept federal or 6 25 private funds or grants to aid in the establishment or 6 26 operation of the state criminalistics laboratory, and the 6 27commissioner of public safetydirector of public health or the 6 28 state board of regents may accept federal or private funds or 6 29 grants to aid in the establishment or operation of the 6 30 position of state medical examiner. 6 31 Sec. 12. STATE MEDICAL EXAMINER SYSTEM STUDY AND REPORT. 6 32 The state medical examiner, in consultation with the state 6 33 medical examiner advisory council, shall conduct a study 6 34 regarding the organization, needs, and operations of a 6 35 statewide medical examiners system. The study shall consider 7 1 the findings and recommendations of the 1998 consultants' 7 2 report of the national association of medical examiners 7 3 submitted to the commissioner of public safety, and shall 7 4 gather and analyze such additional information as the state 7 5 medical examiner and the advisory council determine necessary. 7 6 The state medical examiner shall make a report of the study's 7 7 recommendations to the governor and the general assembly by 7 8 January 1, 2000. The report shall take into account the 7 9 public health, criminalistic, educational, and advisory 7 10 purposes of the office of the state medical examiner; the 7 11 relationship of the office to and effective utilization by the 7 12 office of existing state, county, and community resources; 7 13 future facility needs for performing autopsies; support for 7 14 forensic activities throughout the state; transportation costs 7 15 to conduct autopsies and to perform other forensic pathology 7 16 activities; and any other factors identified by the state 7 17 medical examiner and the advisory council impacting a quality 7 18 statewide medical examiners system. 7 19 Sec. 13. APPROPRIATIONS FOR STATE MEDICAL EXAMINER. Funds 7 20 appropriated by the general assembly to the department of 7 21 public safety for the position of state medical examiner, and 7 22 for the state medical examiner's office, for the fiscal year 7 23 beginning July 1, 1998, and ending June 30, 1999, which remain 7 24 unobligated shall be transferred to the Iowa department of 7 25 public health on the effective date of this division of this 7 26 Act. Funds appropriated by the general assembly for the 7 27 position of state medical examiner, and for the state medical 7 28 examiner's office, for the fiscal year beginning July 1, 1999, 7 29 and ending June 30, 2000, are appropriated to the Iowa 7 30 department of public health in lieu of the original entity 7 31 designated in the appropriation. 7 32 Sec. 14. EFFECTIVE DATE. This division of this Act, being 7 33 deemed of immediate importance, takes effect upon enactment. 7 34 DIVISION IV 7 35 FISCAL YEAR 1999-2000 8 1 APPROPRIATIONS AND RELATED PROVISIONS 8 2 Sec. 15. Section 8.8, Code 1999, is amended to read as 8 3 follows: 8 4 8.8 SPECIAL OLYMPICS FUND – APPROPRIATION. 8 5 A special olympics fund is created in the office of the 8 6 treasurer of state under the control of the department of 8 7 management. There is appropriated annually from the general 8 8 fund of the state to the special olympics fundtwentythirty 8 9 thousand dollars for distribution to one or more organizations 8 10 which administer special olympics programs benefiting the 8 11 citizens of Iowa with disabilities. 8 12 Sec. 16. Section 8.63, subsection 4, Code 1999, is amended 8 13 to read as follows: 8 14 4. a. In order for the innovations fund to be self- 8 15 supporting, the innovations fund committee shall establish 8 16 repayment schedules for each innovation fund loan awarded. 8 17 Agencies shall repay the funds over a period not to exceed 8 18 five years with interest, at a rate to be determined by the 8 19 innovations fund committee. 8 20 b. If the department of management and the department of 8 21 revenue and finance certify that the savings from a proposed 8 22 innovations fund project will result in a net increase in the 8 23 balance of the general fund of the state without a 8 24 corresponding cost savings to the requesting agency, and if 8 25 the requesting agency meets all other eligibility 8 26 requirements, the innovations fund committee may approve the 8 27 loan for the project and not require repayment by the 8 28 requesting agency. There is appropriated from the general 8 29 fund of the state to the department of revenue and finance an 8 30 amount sufficient to repay the loan amount. 8 31 Sec. 17. Section 437A.23, Code 1999, is amended to read as 8 32 follows: 8 33 437A.23 DEPOSIT OF TAX PROCEEDS. 8 34 All revenues received from imposition of the statewide 8 35 property tax shall be deposited in the general fund of the 9 1 state. Fifty percent of the revenues shall be available, as 9 2 appropriated by the general assembly, to the department of 9 3 management for salaries, support, services, and equipment to 9 4 administer the replacement tax. The balance of the revenues 9 5 shall be available, as appropriated by the general assembly, 9 6 to the department of revenue and finance for salaries, 9 7 support, services, and equipment to administer and enforce the 9 8 replacement tax and the statewide property tax. 9 9 Sec. 18. STATEWIDE PROPERTY TAX ADMINISTRATION. There is 9 10 appropriated from the general fund of the state from revenues 9 11 received from the imposition of the statewide property tax 9 12 pursuant to chapter 437A to the following departments for the 9 13 fiscal year beginning July 1, 1999, and ending June 30, 2000, 9 14 the following amounts, or so much thereof as is necessary, to 9 15 be used for the following designated purposes: 9 16 1. To the department of management for salaries, support, 9 17 services, and equipment to administer the replacement tax 9 18 pursuant to chapter 437A and for not more than the following 9 19 full-time equivalent position: 9 20 .................................................. $ 75,000 9 21 ............................................... FTEs 1.00 9 22 2. To the department of revenue and finance for salaries, 9 23 support, services, and equipment to administer and enforce the 9 24 replacement tax and the statewide property tax pursuant to 9 25 chapter 437A: 9 26 .................................................. $ 75,000 9 27 Sec. 19. INSTITUTE FOR DECISION MAKING FULL-TIME 9 28 EQUIVALENT POSITIONS. The number of full-time equivalent 9 29 positions authorized for the institute for decision making at 9 30 the university of northern Iowa for the fiscal year beginning 9 31 July 1, 1999, in 1999 House File 745, if enacted, is increased 9 32 by 1 FTE. 9 33 DIVISION V 9 34 FISCAL YEAR 1998-1999 9 35 APPROPRIATIONS 10 1 Sec. 20. INTERNATIONAL TRADE OPERATIONS. Notwithstanding 10 2 section 8.33 and section 8.57, subsection 5, paragraph "c", 10 3 unencumbered or unobligated moneys remaining on June 30, 1999, 10 4 from the appropriation made in 1997 Acts, chapter 215, section 10 5 7, subsection 1, paragraph "c", are appropriated to the 10 6 department of economic development for the fiscal year 10 7 beginning July 1, 1999, and ending June 30, 2000, for 10 8 international trade operations, including but not limited to 10 9 travel expenses for designated state officials. 10 10 Sec. 21. REENGINEERING PROJECTS. Notwithstanding section 10 11 8.33, moneys appropriated in 1997 Iowa Acts, chapter 210, 10 12 section 8, subsection 2, that remain unencumbered or 10 13 unobligated at the close of the fiscal year shall not revert 10 14 but shall remain available for expenditure as determined by 10 15 the department of management for the purposes designated until 10 16 the close of the succeeding fiscal year. 10 17 Sec. 22. EXTENDED SCHOOL YEAR GRANT REALLOCATION FOR A 10 18 SCHOOL VIOLENCE CRISIS INTERVENTION TASK FORCE. 10 19 Notwithstanding section 8.33 and section 256.22, subsection 10 20 4, and in addition to the provisions of 1999 Iowa Acts, Senate 10 21 File 464, section 10, if enacted, from the funds appropriated 10 22 in 1998 Iowa Acts, chapter 1216, section 1, subsection 1, to 10 23 the department of education for extended school year grants, 10 24 which remain unencumbered or unobligated on June 30, 1999, the 10 25 following amounts shall not revert to the general fund of the 10 26 state and shall not be available for expenditure for the 10 27 following fiscal year for purposes of extended school year 10 28 grants, but shall be reallocated by the department of 10 29 education as follows: 10 30 1. For purposes of the school violence crisis intervention 10 31 task force established pursuant to this subsection: 10 32 .................................................. $ 50,000 10 33 The director of education shall collaborate with the 10 34 commissioner of public safety and the attorney general to 10 35 appoint members to and organize a school violence crisis 11 1 intervention task force to review the preparedness of public 11 2 school districts to react to or prevent violent crisis 11 3 situations. The director, in consultation with the 11 4 commissioner and the attorney general, shall invite 11 5 participation on the task force from other appropriate 11 6 agencies, associations, and law enforcement officials. The 11 7 task force shall develop guidelines that can be utilized by 11 8 school districts to raise their level of awareness and 11 9 preparedness to respond to violent crisis situations. The 11 10 task force shall provide its recommendations in a report to 11 11 the general assembly by December 1, 1999. 11 12 2. For a contract to purchase internet connectivity from 11 13 an internet service provider which provides internet filter 11 14 services for school districts who wish to receive such 11 15 services: 11 16 .................................................. $ 50,000 11 17 The department of education shall work with the boards of 11 18 directors of school districts and area education agencies in 11 19 establishing service requirements and selecting an internet 11 20 service provider to provide internet filter services through 11 21 servers located at the area education agencies. The goal of 11 22 providing a filtering service to a school district is to 11 23 protect students from inappropriate internet websites and to 11 24 promote the use of the internet for educational purposes. 11 25 School districts that wish to receive filtering services shall 11 26 assume the ongoing costs of the services. 11 27 Sec. 23. DEPARTMENT OF EDUCATION – GEOGRAPHY ALLIANCE. 11 28 There is appropriated from the general fund of the state to 11 29 the department of education for the fiscal year beginning July 11 30 1, 1998, and ending June 30, 1999, the following amount, or so 11 31 much thereof as is necessary, to be used for the purpose 11 32 designated: 11 33 For the geography alliance: 11 34 .................................................. $ 25,000 11 35 Notwithstanding section 8.33, moneys appropriated in this 12 1 section that remain unencumbered or unobligated at the close 12 2 of the fiscal year shall not revert but shall remain available 12 3 for expenditure for the purposes designated until the close of 12 4 the succeeding fiscal year. 12 5 Sec. 24. REGENTS – WASTE REDUCTION CENTER. There is 12 6 appropriated from the general fund of the state to the state 12 7 board of regents for the fiscal year beginning July 1, 1998, 12 8 and ending June 30, 1999, the following amount, or so much 12 9 thereof as is necessary, to be used for the purpose 12 10 designated: 12 11 To the university of northern Iowa, Iowa waste reduction 12 12 center for the safe and economic management of solid waste and 12 13 hazardous substances established in section 268.4, for costs 12 14 of establishing and implementing the environmental auditor 12 15 training program in accordance with 1998 Iowa Acts, chapter 12 16 1109, section 10, as codified in section 455K.10: 12 17 .................................................. $ 220,000 12 18 Notwithstanding section 8.33, moneys appropriated in this 12 19 section that remain unencumbered or unobligated at the close 12 20 of the fiscal year shall not revert but shall remain available 12 21 for expenditure for the purpose designated until the close of 12 22 the succeeding fiscal year. 12 23 Sec. 25. EFFECTIVE DATE. This division of this Act, being 12 24 deemed of immediate importance, takes effect upon enactment. 12 25 DIVISION VI 12 26 MISCELLANEOUS 12 27 Sec. 26. Section 232.2, subsection 22, paragraph b, 12 28 subparagraph (7), if enacted by 1999 Iowa Acts, Senate File 12 29 193, section 1, is amended by striking the subparagraph. 12 30 Sec. 27. Section 232.2, subsection 22, paragraph c, if 12 31 enacted by 1999 Iowa Acts, Senate File 193, section 1, is 12 32 amended to read as follows: 12 33 c. The order appointing the guardian ad litem shall 12 34specify the duties of andgrant authorization to the guardian 12 35 ad litem to interview any relevant person and inspect and copy 13 1 any records relevant to the proceedings, if not prohibited by 13 2 federal law. The order shall specify that the guardian ad 13 3 litem may interview any person providing medical, mental 13 4 health, social, educational, or other services to the child, 13 5 may attend any departmental staff meeting, case conference, or 13 6 meeting with medical or mental health providers, service 13 7 providers, organizations, or educational institutions 13 8 regarding the child, if deemed necessary by the guardian ad 13 9 litem, and may inspect and copy any records relevant to the 13 10 proceedings. 13 11 DIVISION VII 13 12 CORRECTIVE AMENDMENTS 13 13 Sec. 28. Section 12C.1, subsection 3, paragraph b, Code 13 14 1999, as amended, by 1999 Iowa Acts, House File 571, section 13 15 4, if enacted, is amended to read as follows: 13 16 b. If a depository is a bank, public deposits in the bank 13 17 shall be secured pursuant to sections12C.2312C.23A and 13 18 12C.24. 13 19 Sec. 29. Section 12C.23, subsection 3, paragraph d, Code 13 20 1999, as amended by 1999 Iowa Acts, House File 571, section 13 21 11, if enacted, is amended to read as follows: 13 22 d. If the loss to public funds is not covered by insurance 13 23 and the proceeds of the failed credit union's assets which are 13 24 liquidated within thirty days of the closing of the credit 13 25 union and pledged collateral, the treasurer shall provide 13 26 coverage of the remaining loss from the state sinking fund for 13 27 public deposits in credit unions. If the funds are inadequate 13 28 to cover the entire loss, then the treasurer shall make an 13 29 assessment against other credit unions who hold public funds. 13 30 The assessment shall be determined by multiplying the total 13 31 amount of the remaining loss to public depositors by a 13 32 percentage that represents the average of public funds 13 33 deposits held by all credit unions during the preceding 13 34 twelve-month period ending on the last day of the month 13 35 immediately preceding the month the credit union was closed. 14 1 Each credit union shall pay its assessment to the treasurer 14 2 within three business days after it receives notice of 14 3 assessment. If a credit union fails to pay its assessment 14 4 when due, the treasurer of state shall initiate a lawsuit to 14 5 collect the assessment. If a credit union is found to have 14 6 failed to pay the assessment as required by thissubparagraph14 7 paragraph, the court shall order it to pay the assessment, 14 8 court costs, reasonable attorney's fees based upon the amount 14 9 of time the attorney general's office spent preparing and 14 10 bringing the action, and reasonable expenses incurred by the 14 11 treasurer of state's office. Idle balances in the fund are to 14 12 be invested by the treasurer with earnings credited to the 14 13 fund. Fees paid by credit unions for administration of this 14 14 chapter will be credited to the fund and the treasurer may 14 15 deduct actual costs of administration from the fund. 14 16 Sec. 30. Section 12C.23A, subsection 3, paragraph b, if 14 17 enacted by 1999 Iowa Acts, House File 571, section 12, is 14 18 amended to read as follows: 14 19 b. The recovery of any loss to public depositors shall 14 20 begin with applicable deposit insurance. The priority of 14 21 claims are those established pursuant to section 524.1312, 14 22 subsection 2, section 533.22, subsection 1, paragraph "b", or14 23section 534.517. To the extent permitted by federal law, in 14 24 the distribution of an insolvent federally chartered bank's 14 25 assets, the order of payment of liabilities if its assets are 14 26 insufficient to pay in full all its liabilities for which 14 27 claims are made shall be in the same order as for a state- 14 28 chartered bank as provided in section 524.1312, subsection 2. 14 29 Sec. 31. Section 12C.23A, subsection 3, paragraph d, if 14 30 enacted by 1999 Iowa Acts, House File 571, section 12, is 14 31 amended to read as follows: 14 32 d. If the loss to public funds is not covered by insurance 14 33 and the proceeds of the failed bank's assets which are 14 34 liquidated within thirty days of the closing of the bank, are 14 35 not sufficient to cover the loss, then any further payments to 15 1 cover the loss will come from the state sinking fund for 15 2 public deposits in banks. If the balance in that sinking fund 15 3 is inadequate to pay the entire loss, then the treasurer shall 15 4 obtain the additional amount needed by making an assessment 15 5 against other banks whose public funds deposits exceed deposit 15 6 insurance coverage. A bank's assessment shall be determined 15 7 by multiplying the total amount of the remaining loss to all 15 8 public depositors by a percentage that represents that bank's 15 9 proportional share of theaveragetotal of uninsured public 15 10 funds deposits held by all banks. Each bank shall pay its 15 11 assessment to the treasurer within three business days after 15 12 it receives notice of assessment. If a bank fails to pay its 15 13 assessment when due, the treasurer of state shall initiate a 15 14 lawsuit to collect the assessment. If a bank is found to have 15 15 failed to pay the assessment as required by thissubparagraph15 16 paragraph, the court shall order it to pay the assessment, 15 17 court costs, reasonable attorney fees based on the amount of 15 18 time the attorney general's office spent preparing and 15 19 bringing the action, and reasonable expenses incurred by the 15 20 treasurer of state. Idle balances in the fund shall be 15 21 invested by the treasurer with earnings credited to the fund. 15 22 Fees paid by banks for administration of this chapter shall be 15 23 credited to the fund and the treasurer may deduct actual costs 15 24 of administration from the fund. 15 25 Sec. 32. Section 13B.4, subsection 1, Code 1999, as 15 26 amended by 1999 Iowa Acts, House File 573, section 1, is 15 27 amended to read as follows: 15 28 1. The state public defender shall coordinate the 15 29 provision of legal representation of all indigents under 15 30 arrest or charged with a crime, on appeal in criminal cases, 15 31andon appeal in proceedings to obtain postconviction relief 15 32 when ordered to do so by the district court in which the 15 33 judgment or order was issued, and on a reopening of a sentence 15 34 proceeding, and may provide for the representation of 15 35 indigents in proceedings instituted pursuant to chapter 908. 16 1 The state public defender shall not engage in the private 16 2 practice of law. 16 3 Sec. 33. Section 37.10, unnumbered paragraph 1, Code 1999, 16 4 as amended by 1999 Acts, House File 224, section 2, is amended 16 5 to read as follows: 16 6 Each commissioner, except for a memorial hospital 16 7 commissioner, shall be an honorably discharged soldier, 16 8 sailor, marine, airman, or coast guard member and be a 16 9 resident of the county in which the memorial hall or monument 16 10 is located. Each commissioner for a memorial hospital shall 16 11 be a resident of the county in which the memorial hospital is 16 12 located. 16 13 Sec. 34. Section 124.401F, subsection 1, Code 1999, as 16 14 enacted by 1999 Iowa Acts, House File 573, section 6, is 16 15 amended to read as follows: 16 16 1. A person shall not intentionally tamper with anhydrous 16 17 ammonia equipment. Tampering occurs when a person who is not 16 18 authorized by the owner of anhydrous ammonia equipment uses 16 19 the equipment in violation of a provision of this section. A 16 20 person shall not in any manner or for any purpose sell, fill, 16 21 refill, deliver, permit to be delivered, or use an anhydrous 16 22 ammonia container or receptacle, including for the storage of 16 23 any gas or compound, unless the person owns the container or 16 24 receptacle or is authorized to do so by the owner. A person 16 25 shall not possess or transport anhydrous ammonia in a 16 26 container or receptacle which is not authorized by the 16 27 secretary of agriculture to hold anhydrous ammonia. 16 28 Sec. 35. Section 172C.1, subsection 3, as enacted by 1999 16 29 Iowa Acts, Senate File 436, if enacted, is amended to read as 16 30 follows: 16 31 3. "Packer" means a person who is engaged in the business 16 32 of slaughtering livestock or receiving, purchasing, or 16 33 soliciting livestock for slaughter, if the meat products of 16 34 the slaughtered livestock which are directly or indirectly to 16 35 be offered for resale or for public consumptionand the meat17 1productshave a total annual value of ten million dollars or 17 2 more. As used in this chapter, "packer" includes an agent of 17 3 the packer engaged in buying or soliciting livestock for 17 4 slaughter on behalf of a packer. "Packer" does not include a 17 5 frozen food locker plant regulated under chapter 172. 17 6 Sec. 36. Section 249A.3, subsection 2, unnumbered 17 7 paragraph 1, Code 1999, is amended to read as follows: 17 8 Medical assistance may also, within the limits of available 17 9 funds and in accordance with section 249A.4, subsection 1, be 17 10 provided to, or on behalf of, other individuals and families 17 11 who are not excluded under subsection45 of this section and 17 12 whose incomes and resources are insufficient to meet the cost 17 13 of necessary medical care and services in accordance with the 17 14 following order of priorities: 17 15 Sec. 37. Section 256E.7, subsection 4, as enacted by 1999 17 16 Iowa Acts, House File 743, section 7, is amended to read as 17 17 follows: 17 18 4. Prior to receiving funds pursuant to section 256E.5, 17 19 subsection 2, the institutions under the control of the 17 20 department of human services as provided in section 218.1, 17 21 subsections 1 through 3, 5, 7, and 8, shall each submit to the 17 22 departments of education and human services a technology plan 17 23 that supports and improves student achievement, demonstrates 17 24 the manner in which technology will be utilized to improve 17 25 student achievement, and includes an evaluation component. 17 26 Each institution developing a plan under this subsection needs 17 27 to develop only one plan to send to the departments of 17 28 education and human services while this chapter is effective. 17 29 Each institution shall submit an annual progress report to the 17 30 departments of education and human services.Each institution17 31shall submit an annual progress report to the departments of17 32education and human services.17 33 Sec. 38. Section 321.471, subsection 1, unnumbered 17 34 paragraph 1, Code 1999, as amended by 1999 Iowa Acts, House 17 35 File 651, section 8, if enacted, is amended to read as 18 1 follows: 18 2 Local authorities with respect to a highway under their 18 3 jurisdiction may by ordinance or resolution prohibit the 18 4 operation of vehicles upon the highway or impose restrictions 18 5 as to the weight of vehicles to be operated upon the highway 18 6 for a total period of not to exceed ninety days in any one 18 7 calendar year, whenever the highway by reason of 18 8 deterioration, rain, snow, or other climatic conditions will 18 9 be seriously damaged or destroyed unless the use of vehicles 18 10 on the highway is prohibited or the permissible weights 18 11 reduced. The ordinance or resolution shall not apply to 18 12 implements of husbandry as defined in section 321.1, 18 13 implements of husbandry loaded on hauling units for 18 14 transporting the implements to locations for repair, or fire 18 15 apparatus and road maintenance equipment owned byor, under 18 16 lease to, or used in the performance of a contract with a 18 17 state or local authority. 18 18 Sec. 39. Section 321.471, subsection 2, Code 1999, 18 19 paragraph a, as enacted and amended by 1999 Iowa Acts, House 18 20 File 651, section 8, if enacted, is amended to read as 18 21 follows: 18 22 a. Upon a finding that a bridge or culvert does not meet 18 23 established standards set forth by state and federal 18 24 authorities, local authorities may by ordinance or resolution 18 25 impose limitations for an indefinite period of time on the 18 26 weight of vehicles upon bridges or culverts located on 18 27 highways under their sole jurisdiction. The limitations shall 18 28 be effective when signs giving notice of the limitations are 18 29 erected. The ordinance or resolution shall not apply to 18 30 implements of husbandry loaded on hauling units for 18 31 transporting the implements to locations for purposes of 18 32 repair or to fire apparatus or road maintenance equipment 18 33 owned byor, under lease to,anyor used in the performance of 18 34 a contract with a state or local authority. 18 35 Sec. 40. Section 321.474, unnumbered paragraph 1, Code 19 1 1999, as amended by 1999 Iowa Acts, House File 651, section 9, 19 2 if enacted, is amended to read as follows: 19 3 The department shall have authority as granted to local 19 4 authorities, to determine by resolution and to impose 19 5 restrictions as to the weight of vehicles, except implements 19 6 of husbandry as defined in section 321.1, implements of 19 7 husbandry loaded on hauling units for transporting the 19 8 implements to locations for repair, and fire apparatus and 19 9 road maintenance equipment owned byor, under lease to,anyor 19 10 used in the performance of a contract with a state or local 19 11 authority, operated upon any highway under the jurisdiction of 19 12 the department for a definite period of time not to exceed 19 13 twelve months. The restrictions shall be effective when signs 19 14 giving notice of the restrictions and the expiration date of 19 15 the restrictions are erected upon the affected highway or 19 16 portion of highway. 19 17 Sec. 41. Section 321.474, unnumbered paragraph 2, if 19 18 enacted by 1999 Iowa Acts, House File 651, section 9, is 19 19 amended to read as follows: 19 20 Upon a finding that a bridge or culvert does not meet 19 21 established standards set forth by state and federal 19 22 authorities, the department may impose, by resolution, 19 23 restrictions for an indefinite period of time on the weight of 19 24 vehicles operated upon bridges or culverts located on highways 19 25 under its jurisdiction. The restrictions shall be effective 19 26 when signs giving notice of the restrictions are erected. The 19 27 restrictions shall not apply to implements of husbandry loaded 19 28 on hauling units for transporting the implements to locations 19 29 for purposes of repair or to fire apparatus or road 19 30 maintenance equipment owned byor, under lease to,anyor used 19 31 in the performance of a contract with a state or local 19 32 authority. 19 33 Sec. 42. Section 427.1, subsection 30, if enacted by 1999 19 34 Iowa Acts, House File 758, is amended to read as follows: 19 35 30. MOBILE HOME PARK STORM SHELTER. A structure 20 1 constructed as a storm shelter at a mobile home park as 20 2 defined in section 435.1.If the structure serves a use in20 3addition to use as a storm shelter, the exemption shall apply20 4only to that portion of the structure which serves as a storm20 5shelter.An application for this exemption shall be filed 20 6 with the assessing authority not later than April fifteenth of 20 7 the first year for which the exemption is requested, on forms 20 8 provided by the department of revenue and finance. The 20 9 application shall describe and locate the storm shelter to be 20 10 exempted. If the storm shelter structure is used exclusively 20 11 as a storm shelter, all of the structure's assessed value 20 12 shall be exempt from taxation. If the storm shelter structure 20 13 is not used exclusively as a storm shelter, the storm shelter 20 14 structurewhich is not used exclusively as a storm shelter20 15 shall be assessed for taxation at seventy-five percent of its 20 16 value as commercial property. 20 17 Sec. 43. Section 476.86, unnumbered paragraph 1, as 20 18 enacted by 1999 Iowa Acts, Senate File 224, section 2, is 20 19 amended to read as follows: 20 20 As used in this section and section 476.87, unless the 20 21 context otherwise requires: 20 22 Sec. 44. Section 514C.14, subsection 2, paragraph b, if 20 23 enacted by 1999 Iowa Acts, Senate File 8, section 1, is 20 24 amended to read as follows: 20 25 b. Thischaptersection shall not apply to accident only, 20 26 specified disease, short-term hospital or medical, hospital 20 27 confinement indemnity, credit, dental, vision, Medicare 20 28 supplement, long-term care, basic hospital and medical- 20 29 surgical expense coverage as defined by the commissioner, 20 30 disability income insurance coverage, coverage issued as a 20 31 supplement to liability insurance, workers' compensation or 20 32 similar insurance, or automobile medical payment insurance. 20 33 Sec. 45. Section 524.1406, subsection 3, paragraph b, if 20 34 enacted by 1999 Iowa Acts, House File 445, section 1, is 20 35 amended to read as follows: 21 1 b.If, priorPrior to giving notice of a meeting at which 21 2 a shareholder would be entitled to assert dissenter's rights, 21 3 a bank may seek a declaratory judgment to establish the fair 21 4 value for purposes of section 490.1301, subsection 4, of 21 5 shares held by shareholders who would have a right to dissent. 21 6 Another cause of action or a counterclaim shall not be joined 21 7 with such a declaratory action. A declaratory judgment shall 21 8 be filed in the county where the bank's principal place of 21 9 business is located. The court shall appoint an attorney to 21 10 represent minority shareholders. All shareholders of the bank 21 11 shall be served with notice of the action and be advised of 21 12 the name, address, and telephone number of the attorney 21 13 appointed to represent minority shareholder interests. The 21 14 bank may select an appraiser to give an opinion on fair value 21 15 and the attorney shall select an appraiser to give an opinion 21 16 on fair value. Any shareholder may participate individually 21 17 and present evidence of the fair value of such shareholder's 21 18 shares. All court costs, appraiser's fees, and the fees and 21 19 expenses of the attorney shall be assessed against the bank. 21 20 A judgment in the action shall not determine fair value for a 21 21 share to be less than the stockholders' equity in the bank in 21 22 its last statement of condition filed under section 524.220 21 23 divided by the number of shares outstanding. A final judgment 21 24 in the action shall establish fair value for the purposes of 21 25 chapter 490, division XIII and shall be disclosed to the 21 26 shareholders in the notice to shareholders of the meeting to 21 27 approve the transaction that gives rise to dissenters' rights. 21 28 If the proposed transaction is approved by the shareholders, 21 29 upon consummation of the proposed transaction the fair value 21 30 so established shall be paid to all shareholders entitled to 21 31 payment for their shares upon receipt of such shareholders' 21 32 share certificates. 21 33 Sec. 46. Section 602.7103, subsection 2, Code 1999, as 21 34 amended by House File 647, section 7, as subsection 1, if 21 35 enacted, is amended to read as follows: 22 1 1. An associate juvenile judge shall have the same 22 2 jurisdiction to conduct juvenile court proceedings, to issue 22 3 warrants, nontestimonial identification orders, and contempt 22 4 arrest warrants for adults in juvenile court proceedings, and 22 5 to issue orders, findings, and decisions as the judge of the 22 6 juvenile court. However, theappointingchief judge may limit 22 7 the exercise of juvenile court jurisdiction by the associate 22 8 juvenile judge. 22 9 Sec. 47. Section 602.7103B, subsection 5, if enacted by 22 10 1999 Iowa Acts, House File 647, section 9, is amended to read 22 11 as follows: 22 12 5. A full-time associate juvenile judge who seeks to 22 13 resign from the office ofdistrict associatefull-time 22 14 associate juvenile judge shall notify in writing the chief 22 15 judge of the judicial district as to the full-time associate 22 16 juvenile judge's intention to resign and the effective date of 22 17 the resignation. The chief judge of the judicial district, 22 18 upon receipt of the notice, shall notify the county magistrate 22 19 appointing commission and the state court administrator of the 22 20 actual or impending vacancy in the office of full-time 22 21 associate juvenile judge due to resignation. 22 22 Sec. 48. Section 633.20B, subsection 5, if enacted by 1999 22 23 Iowa Acts, House File 647, section 13, is amended to read as 22 24 follows: 22 25 5. A full-time associate probate judge who seeks to resign 22 26 from the office ofdistrict associatefull-time associate 22 27 probate judge shall notify in writing the chief judge of the 22 28 judicial district as to the full-time associate probate 22 29 judge's intention to resign and the effective date of the 22 30 resignation. The chief judge of the judicial district, upon 22 31 receipt of the notice, shall notify the county magistrate 22 32 appointing commission and the state court administrator of the 22 33 actual or impending vacancy in the office of full-time 22 34 associate probate judge due to resignation. 22 35 Sec. 49. Section 808B.5, subsection 11, Code 1999, as 23 1 amended by 1999 Iowa Acts, Senate File 309, section 21, if 23 2 enacted, is amended to read as follows: 23 3 11. An aggrieved person in a trial, hearing, or proceeding 23 4 in or before any court, department, officer, agency, 23 5 regulatory body, or other authority of this state, may move to 23 6 suppress the contents of an intercepted wire, oral, or 23 7 electronic communication, or evidence derived from the wire, 23 8 oral, or electronic communication, on the grounds that the 23 9 communication was unlawfully intercepted, the order of 23 10 authorization under which it was intercepted was insufficient 23 11 on its face, or the interception was not made in conformity 23 12 with the order of authorization. The motion shall be made 23 13 before the trial, hearing, or proceeding unless there was no 23 14 opportunity to make the motion or the person was not aware of 23 15 the grounds of the motion. If the motion is granted, the 23 16 contents of the intercepted wire, oral, or electronic 23 17 communication, or evidence derived from the wirecommunication23 18or, oral, or electronic communication, shall be treated as 23 19 having been obtained in violation of this chapter. 23 20 Sec. 50. Section 808B.11, subsections 1 and 2, if enacted 23 21 by 1999 Iowa Acts, Senate File 309, section 26, are amended to 23 22 read as follows: 23 23 1. An application for an order or an extension of an order 23 24 authorizing or approving the installation and use of a pen 23 25 register or a trap and trace device shall be made in writing 23 26 by a prosecuting attorney upon oath or affirmation to a 23 27 district court.AOnly a special state agent mayonlyconduct 23 28 an investigation authorized under this section or section 23 29 808B.12. An application shall include the following 23 30 information: 23 31 a. The identity of the prosecuting attorney, and the 23 32 identity of the special state agent authorized to conduct the 23 33 investigation. 23 34 b. A certified statement by the special state agent that 23 35 the information likely to be obtained is relevant to an 24 1 ongoing criminal investigation of an offense listed under 24 2 section 808B.3 or an offense that may lead to an immediate 24 3 danger of death of or seriousbodilyinjuryofto a person. 24 4 2. Upon application the court may enter an ex parte order 24 5 or an ex parte extension of an order, authorizing the 24 6 installation and use of a pen register or trap and trace 24 7 device within the territorial jurisdiction of the court, if 24 8 the court finds that the special state agent has certified to 24 9 the court that the information likely to be obtained by the 24 10 use of a pen register or trap and trace device is relevant to 24 11 an ongoing criminal investigation of an offense listed under 24 12 section 808B.3 or an offense that may lead tothean immediate 24 13 danger of death of or seriousbodilyinjuryofto a person. 24 14 Sec. 51. Section 808B.11, subsection 4, if enacted by 1999 24 15 Iowa Acts, Senate File 309, section 26, is amended to read as 24 16 follows: 24 17 4.AnyExcept as otherwise provided in paragraph "b", any 24 18 order granted under this section shall be sealed until 24 19 otherwise ordered by the court. 24 20 a. Any person owning or leasing the telephone line to 24 21 which the pen register or trap and trace device is attached, 24 22 or who has been ordered by the court to furnish information, 24 23 facilities, or technical assistance to the applicant, shall 24 24 not disclose the existence of the pen register or trap and 24 25 trace device or the existence of the investigation of the 24 26 listed subscriber, to any person, unless or until otherwise 24 27 ordered by the court. 24 28 b.Notwithstanding subsection 4, aA prosecuting attorney 24 29 or special state agent may utilize or share any information 24 30 obtained from the use of a pen register or trap and trace 24 31 device with other prosecuting attorneys or law enforcement 24 32 agencies while acting within the scope of their employment. 24 33 c. A violation of this subsection may be punished as 24 34 contempt of court. 24 35 Sec. 52. Section 808B.12, subsection 1, paragraph a, if 25 1 enacted by 1999 Iowa Acts, Senate File 309, section 27, is 25 2 amended to read as follows: 25 3 a. The court reasonably determines that an emergency 25 4 situation exists that involves an immediate danger of death of 25 5 or seriousbodilyinjury to any person. 25 6 Sec. 53. Section 808B.12, subsection 3, if enacted by 1999 25 7 Iowa Acts, Senate File 309, section 27, is amended to read as 25 8 follows: 25 9 3. An investigative or law enforcement officer who 25 10 knowingly uses a pen register or trap and trace device 25 11 pursuant to this section after the effectiveness of the 25 12authorizingemergency order has terminated pursuant to 25 13 subsection 2 due to the lapse of the forty-eight hours commits 25 14 a serious misdemeanor. 25 15 Sec. 54. 1999 Iowa Acts, House File 745, section 19, if 25 16 enacted, is amended to read as follows: 25 17 SEC. 19. Notwithstanding section 8.33, all unencumbered 25 18 and unobligated moneys remaining in the economic development 25 19 deaf interpreters revolving fund established in section 25 20 15.108, shall transfer to the rural community 2000 program 25 21 revolving fund established in section 15.287 on the effective 25 22 date of this section of this Act. 25 23 Sec. 55. 1999 Iowa Acts, Senate File 460, section 10, 25 24 subsection 7, unnumbered paragraph 2, if enacted, is amended 25 25 to read as follows: 25 26 The employment appeal board shall be reimbursed by the 25 27 labor services division of the department ofemployment25 28servicesworkforce development for all costs associated with 25 29 hearings conducted under chapter 91C, related to contractor 25 30 registration. The board may expend, in addition to the amount 25 31 appropriated under this subsection, additional amounts as are 25 32 directly billable to the labor services division under this 25 33 subsection and to retain the additional full-time equivalent 25 34 positions as needed to conduct hearings required pursuant to 25 35 chapter 91C. 26 1 Sec. 56. 1999 Iowa Acts, Senate File 464, section 1, 26 2 subsection 4, if enacted, is amended to read as follows: 26 3 4. NATIONAL GUARDTUITION AIDEDUCATIONAL ASSISTANCE 26 4 PROGRAM 26 5 For purposes of providing national guardtuition aid26 6 educational assistance under the program established in 26 7 section 261.86: 26 8 .................................................. $ 833,900 26 9 Sec. 57. 1999 Iowa Acts, Senate File 464, section 4, if 26 10 enacted, is amended to read as follows: 26 11 SEC. 4. REMAINING NATIONAL GUARD TUITION AID PROGRAM 26 12 BALANCE. Notwithstanding section 8.33, the unencumbered or 26 13 unobligated moneys remaining at the end of the fiscal year 26 14 ending June 30, 1999, from the appropriations made in 1998 26 15 Iowa Acts, chapter 1215, section 1, subsection 4, shall not 26 16 revert but shall be available for expenditure during the 26 17 subsequent fiscal year for the purposes of the national guard 26 18tuition aideducational assistance program established by this 26 19 Act. 26 20 Sec. 58. STRATEGIC INVESTMENT FUND TRANSFER EFFECTIVE 26 21 DATE. The provision in 1999 Iowa Acts, House File 745, 26 22 section 1, subsection 2, paragraph "e", if enacted, relating 26 23 to the transfer of moneys from the strategic investment fund 26 24 to the physical infrastructure assistance fund, being deemed 26 25 of immediate importance, takes effect upon enactment. 26 26 Sec. 59. Sections 15E.152 through 15E.155, 15E.157 through 26 27 15E.161, 15E.165, and 15E.166, Code 1999, are repealed. 26 28 Sec. 60. EFFECTIVE DATES. The following sections of this 26 29 division of this Act, being deemed of immediate importance, 26 30 take effect upon enactment or as otherwise specified: 26 31 1. Section 28, amending section 12C.1. 26 32 2. Section 29, amending section 12C.23, subsection 3, 26 33 paragraph "d". 26 34 3. Section 30, amending section 12C.23A, subsection 3, 26 35 paragraph "b". 27 1 4. Section 31, amending section 12C.23A, subsection 3, 27 2 paragraph "d". 27 3 5. Section 35, amending section 172C.1, takes effect July 27 4 1, 2000. 27 5 6. Section 43, amending section 476.86. 27 6 7. Section 54, amending 1999 Iowa Acts, House File 745, 27 7 section 19. 27 8 8. Section 57, amending 1999 Iowa Acts, Senate File 464, 27 9 section 4. 27 10 9. Section 58, relating to the effective date of 1999 Iowa 27 11 Acts, House File 745, section 1, subsection 2, paragraph "e". 27 12 EXPLANATION 27 13 This bill relates to public expenditure and regulatory 27 14 matters, makes appropriations, and provides effective dates. 27 15 Division I makes an appropriation for county mental health, 27 16 mental retardation, and developmental disabilities services 27 17 growth factor adjustment for fiscal year 2000-2001. Under 27 18 Code section 331.438, the allowed growth factor amount is to 27 19 be established in a statute that is enacted during the fiscal 27 20 year that begins two years in advance of the fiscal year to 27 21 which the adjustment applies. The appropriation is allocated 27 22 for distribution to counties and to various funding pools for 27 23 specified purposes. 27 24 Division II amends Code section 99E.10, relating to lottery 27 25 revenues, to provide for transfer of the revenues to the 27 26 general fund of the state. Under current law, the lottery 27 27 revenue remaining after payment of expenses is transferred to 27 28 the CLEAN fund. The bill repeals Code section 99E.34, 27 29 providing for expenditures from the CLEAN fund for the ten- 27 30 year period ending June 30, 2000. 27 31 Division III relates to the state medical examiner by 27 32 amending Code section 691.5 to provide that this position is 27 33 established for administrative purposes within the Iowa 27 34 department of public health instead of under the control of 27 35 the commissioner of public safety. New Code section 691.6A 28 1 creates the position of deputy state medical examiner. New 28 2 Code section 691.6B creates an interagency coordinating 28 3 council to advise the state medical examiner regarding the 28 4 needs and interests of the departments of public safety and 28 5 public health. New Code section 691.6C creates a state 28 6 medical examiner advisory council. Code section 691.7 28 7 provides for acceptance of federal or private grants for the 28 8 office by the director of public health. The state medical 28 9 examiner is to conduct a study of the office in consultation 28 10 with the advisory council. Appropriations to the department 28 11 of public safety as of the division's effective date are 28 12 transferred to the Iowa department of public health. The 28 13 division takes effect upon enactment. 28 14 Division IV includes fiscal year 1999-2000 appropriations 28 15 and related provisions. 28 16 The division contains an appropriation for an increase in 28 17 the standing appropriation to the special olympics fund in 28 18 Code section 8.8. 28 19 Code section 8.63, relating to the innovations fund, is 28 20 amended to allow for approval of projects that result in 28 21 savings to the general fund of the state rather than to a 28 22 requesting agency and provides for an appropriation to repay 28 23 the loan for such projects. 28 24 Code section 437A.23 is amended to provided that revenues 28 25 from the statewide property tax imposed pursuant to the 28 26 electricity and natural gas replacement tax chapter are to be 28 27 available to the departments of management and revenue and 28 28 finance as appropriated by the general assembly. The division 28 29 also contains the specific appropriations for those 28 30 departments for the fiscal year 1999-2000. 28 31 The full-time equivalent position authorization for the 28 32 institute of decision making at the university of northern 28 33 Iowa is increased by one position. 28 34 Division V relates to appropriations for fiscal year 1998- 28 35 1999 and makes supplemental appropriations for that fiscal 29 1 year. 29 2 Moneys appropriated for international trade operations are 29 3 from moneys previously appropriated for a China-Des Moines 29 4 trade and cultural center which was never built. 29 5 Moneys remaining from a previous appropriation for 29 6 reengineering projects are not to revert but will remain 29 7 available for the purposes designated. 29 8 Moneys are reallocated from unused fiscal year 1998-1999 29 9 appropriations for extended school year grants to a school 29 10 violence crisis intervention task force and for internet 29 11 filter services. 29 12 Supplemental appropriations for the fiscal year 1998-1999 29 13 are made to the department of education for the geography 29 14 alliance and to the state board of regents for use at the 29 15 university of northern Iowa's waste reduction center for the 29 16 environmental auditor training program. 29 17 Division VI amends 1999 Iowa Acts, Senate File 193, as it 29 18 relates to expending the requirements placed on guardians ad 29 19 litem for children in juvenile cases by making the mandatory 29 20 attendance at department of human services staff meetings or 29 21 case conferences, and the mandatory meetings with medical or 29 22 mental health providers, service providers, organizations or 29 23 educational institutions, discretionary. In addition, the 29 24 order appointing a guardian ad litem does not have to specify 29 25 the duty of the guardian ad litem to interview relevant people 29 26 and inspect and copy relevant documents and records. 29 27 Division VII contains corrective amendments to bills that 29 28 were passed during the 1999 legislative session by at least 29 29 one chamber of the general assembly or have been enacted. 29 30 Code section 12C.1, if enacted by 1999 Iowa Acts, House 29 31 File 571, relating to deposit of public funds and liquidation 29 32 of failed bank assets, is amended to correct a reference to 29 33 another section. This section takes effect upon enactment. 29 34 Code section 12C.23, if enacted by 1999 Iowa Acts, House 29 35 File 571, relating to deposit of public funds and liquidation 30 1 of failed bank assets, is amended to correct a reference to a 30 2 paragraph. 30 3 Code section 12C.23A, if enacted by 1999 Iowa Acts, House 30 4 File 571, relating to deposit of public funds and liquidation 30 5 of failed bank assets, is amended to strike references to 30 6 credit unions and savings and loans as this section does not 30 7 apply to those financial institutions and to correct a 30 8 reference to a paragraph. This section takes effect upon 30 9 enactment. 30 10 Code section 12C.23A, if enacted by 1999 Iowa Acts, House 30 11 File 571, relating to the deposit of public funds and 30 12 liquidation of failed bank assets, is amended to change the 30 13 word "average" to "total". This section takes effect upon 30 14 enactment. 30 15 Code section 13B.4, as enacted by 1999 Iowa Acts, House 30 16 File 573, relating to responsibilities of the state public 30 17 defender, is amended to move a conjunction to the end of a 30 18 series. 30 19 Code section 37.10, as enacted by 1999 Iowa Acts, House 30 20 File 224, relating to memorial hospital commissioners, is 30 21 amended to add the missing word "commissioner". 30 22 Code section 124.401F, as enacted by 1999 Iowa Acts, House 30 23 File 573, relating to tampering with anhydrous ammonia 30 24 equipment, is amended to provide that the term "secretary" 30 25 means the secretary of agriculture. 30 26 Code section 172C.1, as enacted by 1999 Iowa Acts, Senate 30 27 File 436, relating to the definition of packer, is amended to 30 28 delete redundant language. This section takes effect July 1, 30 29 2000. 30 30 Code section 249A.3, relating to eligibility requirements 30 31 for the medical assistance program, is amended to correct an 30 32 internal reference. 30 33 Code section 256E.7, as enacted by 1999 Iowa Acts, House 30 34 File 743, relating to school technology planning, is amended 30 35 to strike a sentence requiring a progress report that was 31 1 inadvertently repeated within the provision. 31 2 Code sections 321.471 and 321.474, if amended or enacted by 31 3 1999 Iowa Acts, House File 651, relating to implements of 31 4 animal husbandry, is amended to include implements used in 31 5 performance of a contract with a state or local authority in 31 6 the list of exceptions to the applicability of ordinances, 31 7 resolutions, or other government authority. 31 8 Code section 427.1, subsection 30, if enacted by 1999 Iowa 31 9 Acts, House File 758, relating to the property tax exemption 31 10 of mobile home park storm shelters, is amended to strike 31 11 surplus language modifying the exemption when the shelter is 31 12 used for other purposes. 31 13 Code section 476.86, as enacted by 1999 Iowa Acts, Senate 31 14 File 224, is amended to insert a preposition. This section 31 15 takes effect upon enactment. 31 16 Code section 514C.14, if enacted by 1999 Iowa Acts, Senate 31 17 File 8, relating to policies or contracts for health coverage 31 18 of diabetes, is amended to correct an internal reference from 31 19 "chapter" to "section". 31 20 Code section 524.1406, if enacted by 1999 Iowa Acts, House 31 21 File 445, relating to notice for bank shareholder meetings, is 31 22 amended to strike an extraneous conditional word. 31 23 Code section 602.7103, if amended by 1999 Iowa Acts, House 31 24 File 647, is corrected to specify that it is the chief judge 31 25 not the appointing judge who may limit the jurisdiction of the 31 26 associate juvenile judge. 31 27 Code section 602.7103B, if enacted by 1999 Iowa Acts, House 31 28 File 647, relating to full-time associate juvenile judges, is 31 29 amended to correct a reference to such a judge. 31 30 Code section 633.20B, if enacted by 1999 Iowa Acts, House 31 31 File 647, relating to full-time associate probate judges, is 31 32 amended to correct a reference to such a judge. 31 33 Various amendments or new enactments to Code chapter 808B, 31 34 if enacted by 1999 Iowa Acts, Senate File 309, relating to 31 35 illegal interception of communications, are corrected as 32 1 follows: Code section 808B.5, subsection 11, is amended to 32 2 correct a parallel reference to the term "electronic"; Code 32 3 section 808B.11, subsections 1 and 2, are amended to provide 32 4 that a prosecuting attorney applies for certain orders, 32 5 application information addresses danger of death or serious 32 6 injury to a person and ex parte orders address such danger; 32 7 Code section 808B.11, subsection 4, is amended to correct an 32 8 internal reference in language providing for sealing of orders 32 9 and information; Code section 808B.12, subsection 1, is 32 10 amended to correct a parallel reference to terms involving 32 11 danger of death or serious injury to a person in language for 32 12 court determinations; and Code section 808B.12, subsection 3, 32 13 is amended to correct a reference to court orders from 32 14 "authorizing" to "emergency". 32 15 Section 19 of 1999 Iowa Acts, House File 745, relating to 32 16 economic development appropriations and transfer of certain 32 17 moneys to the rural community 2000 program revolving fund, if 32 18 enacted, is amended to correct a reference to the date the 32 19 transfer is to take effect. This section takes effect upon 32 20 enactment. 32 21 Another provision of 1999 Iowa Acts, House File 745, 32 22 relating to transfer of moneys from the strategic investment 32 23 fund to the physical infrastructure assistance fund, is made 32 24 effective upon enactment. 32 25 Section 10 of 1999 Iowa Acts, Senate File 460, relating to 32 26 the administration and regulation appropriations corrects the 32 27 name of the department of which the labor services division is 32 28 a part. 32 29 The amendments to 1999 Iowa Acts, Senate File 464, relating 32 30 to the education appropriations, corrects the references to 32 31 the name of the national guard educational assistance program 32 32 created in that Act. 32 33 The provisions of Code chapter 15E, part XIV, relating to 32 34 the Wallace technology foundation are repealed since the 32 35 assets of the foundation have been transferred as previously 33 1 required. 33 2 LSB 3432HC 78 33 3 mg/sc/14
Text: HSB00264 Text: HSB00266 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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