Text: HSB00554 Text: HSB00556 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 MISCELLANEOUS PROVISIONS 1 3 Section 1. Section 6B.59, Code Supplement 1999, is amended 1 4 to read as follows: 1 5 6B.59 SALE OF ACQUIRED PROPERTY – REIMBURSEMENT TO 1 6 LANDOWNER. 1 7 If an acquiring agency acquires property by condemnation, 1 8 or by otherwise exercising the power of eminent domain, and 1 9 that property is later sold by the acquiring agency for more 1 10 than the acquisition price paid to the landowner, the 1 11 acquiring agency shall pay to the landowner from whom the 1 12 property was acquired the difference between the price at 1 13 which it was acquired and the price at which it was sold by 1 14 the acquiring agency less the cost of any improvements made to 1 15 or benefiting the land by the acquiring agency. This section 1 16 does not apply to property acquired by theIowastate 1 17 department of transportation. 1 18 Sec. 2. Section 7E.5, subsection 1, paragraph v, Code 1 19 1999, is amended to read as follows: 1 20 v. The department for the blind, created insection 216B.21 21 chapter 216B, which has primary responsibility for services 1 22 relating to blind persons. 1 23 Sec. 3. Section 12.31, Code 1999, is amended to read as 1 24 follows: 1 25 12.31 SHORT TITLE. 1 26 Thisdivisionsection and sections 12.32 through 12.43 1 27 shall be known as the "Linked Investments for Tomorrow Act". 1 28 Sec. 4. Section 12.32, unnumbered paragraph 1, Code 1 29 Supplement 1999, is amended to read as follows: 1 30 As used inthis divisionsection 12.31, this section, and 1 31 sections 12.33 through 12.43, unless the context otherwise 1 32 requires: 1 33 Sec. 5. Section 12.32, subsection 4, Code Supplement 1999, 1 34 is amended to read as follows: 1 35 4. "Qualified linked investment" means a linked investment 2 1 in which a certificate of deposit is placed by the treasurer 2 2 of state with an eligible lending institution under the 2 3 traditional livestock producers linked investment loan program 2 4 established under section 12.43A. 2 5 Sec. 6. Section 15E.208, subsection 4, paragraph b, Code 2 6 Supplement 1999, is amended to read as follows: 2 7 b. An agricultural products processor, if the processor or 2 8 a person owning a controlling interest in the processor has 2 9 demonstrated, within the most recent consecutive three-year 2 10 period prior to the application for financing, a continuous 2 11 and flagrant disregard for the health and safety of its 2 12 employees or the quality of the environment. Violations of 2 13 environmental protection statutes, rules, or regulations shall 2 14 be reported for the most recent five-year period prior to 2 15 application. Evidence of such disregard shall include a 2 16 history of serious or uncorrected violations of state or 2 17 federal law protecting occupational health and safety or the 2 18 environment, including but not limited to serious or 2 19 uncorrected violations of occupational safety and health 2 20 standards enforced by the division of labor services of the 2 21 department ofemployment servicesworkforce development 2 22 pursuant to chapter 84A, or rules enforced by the 2 23 environmental protection division of the department of natural 2 24 resources pursuant to chapter 455B. 2 25 Sec. 7. Section 19A.8, unnumbered paragraph 5, Code 2 26 Supplement 1999, is amended to read as follows: 2 27 The director shall render monthly a statement to each state 2 28 department or agency for a pro rata share of the cost of 2 29 administration of the state employee health flexible spending 2 30 accounts. The expense shall be paid by the state department 2 31 or agency in the same manner as other expenses of that state 2 32 department or agency are paid and all moneys received for 2 33 administration costs shall be deposited in the appropriate 2 34 fund. 2 35 Sec. 8. Section 35A.1, subsection 4, Code 1999, is amended 3 1 to read as follows: 3 2 4. "Director" means the executive director appointed 3 3 pursuant to section35A.3, subsection 335A.8. 3 4 Sec. 9. Section 50.16, Code 1999, is amended to read as 3 5 follows: 3 6 50.16 TALLY LIST OF BOARD. 3 7 The tally list shall be prepared in writing by the election 3 8 board, giving, in legibly printed numerals, the total number 3 9 of people who cast ballots in the precinct, the total number 3 10 of ballots cast for each officer, except those rejected, the 3 11 name of each person voted for, and the number of votes given 3 12 to each person for each different office. The tally list 3 13 shall be signed by the precinct election officials, and be 3 14 substantially as follows: 3 15 At an election at ..... in ..... township, or in ..... 3 16 precinct of ..... city or township, in ..... county, state of 3 17 Iowa, on the ... day of ..... A.D. .., there were .. ballots 3 18 cast for the office of ..... of which 3 19A(Candidate's name) .........B..... had .. votes. 3 20C(Candidate's name) .........D..... had .. votes. 3 21 (and in the same manner for any other officer). 3 22 A true tally list: 3 23L(Election board member's name) ....M.......... Election Board 3 24N(Election board member's name) ....O.......... Members. 3 25P(Election board member's name) ....Q.......... 3 26 Attest: 3 27R(Tally Keeper's Name) .............S.......... Designated 3 28T(Tally Keeper's Name) .............U.......... Tally Keepers. 3 29 Sec. 10. Section 50.29, Code 1999, is amended to read as 3 30 follows: 3 31 50.29 CERTIFICATE OF ELECTION. 3 32 When any person is thus declared elected, there shall be 3 33 delivered to that person a certificate of election, under the 3 34 official seal of the county, in substance as follows: 3 35 STATE OF IOWA ) 4 1 ........ County. ) 4 2 At an election held in said county on the .. day of ...., 4 3 A.D. ..A .... B.... (candidate's name) was elected to the 4 4 office of .... for the term of .. years from the .. day of 4 5 ...., A.D. .. (or if elected to fill a vacancy, for the 4 6 residue of the term ending on the .. day of ...., A.D. ..), 4 7 and until a successor is elected and qualified. 4 8C...... D......, 4 9 President of Board of Canvassers. 4 10 Witness,E...... F......, 4 11 County Commissioner of Elections 4 12 (clerk). 4 13 Such certificate is presumptive evidence of the person's 4 14 election and qualification. 4 15 Sec. 11. Section 50.41, Code 1999, is amended to read as 4 16 follows: 4 17 50.41 CERTIFICATE OF ELECTION. 4 18 Each person declared elected by the state board of 4 19 canvassers shall receive a certificate, signed by the 4 20 governor, or, in the governor's absence, by the secretary of 4 21 state, with the seal of state affixed, attested by the other 4 22 canvassers, to be in substance as follows: 4 23 STATE OF IOWA: 4 24 ToA ...... B..... (candidate's name): It is hereby 4 25 certified that, at an election held on the .. day of .... you 4 26 were elected to the office of .... of Iowa, for the term of .. 4 27 years, from the ... day of ...... (or if to fill a vacancy, 4 28 for the residue of the term, ending on the .. day of ....). 4 29 Given at the seat of government this ... day of ...... 4 30 If the governor is absent, the certificate of the election 4 31 of the secretary of state shall be signed by the auditor. The 4 32 certificate to members of the legislature shall describe, by 4 33 the number, the district from which the member is elected. 4 34 Sec. 12. Section 62.11, Code 1999, is amended to read as 4 35 follows: 5 1 62.11 SUBPOENAS. 5 2 Subpoenas for witnesses may be issued at any time after the 5 3 notice of trial is served, either by the county treasurer or 5 4 by the county auditor, and shall command the witnesses to 5 5 appear at ........, on ......, to testify in relation to a 5 6 contested election, whereinA ......... B......... (Insert 5 7 contestant's name) is contestant andC ......... D......... 5 8 (Insert incumbent's name) is incumbent. 5 9 Sec. 13. Section 80.17, subsection 7, Code 1999, is 5 10 amended to read as follows: 5 11 7. Division of capitolsecuritypolice. 5 12 Sec. 14. Section 80.35, Code 1999, is amended to read as 5 13 follows: 5 14 80.35 TRANSITION. 5 15 Persons employed by the department of general services as 5 16 capitol security force officers shall be transferred to the 5 17 division of capitol security of the department of public 5 18 safety on July 1, 1976. Persons transferred pursuant to this 5 19 section shall retain their positions as capitolsecurity5 20 police officers, shall not be subject to the requirements and 5 21 conditions of section 80.15, and shall remain under the Iowa 5 22 public employees' retirement system. Persons employed after 5 23 July 1, 1976 by the department of public safety as capitol 5 24securitypolice officers within the division of capitol 5 25securitypolice shall be subject to the requirements and 5 26 conditions of section 80.15, except those requirements 5 27 relating to age, and shall be subject to the Iowa public 5 28 employees' retirement system. The minimum age for persons 5 29 employed by the division of capitolsecuritypolice shall be 5 30 eighteen. 5 31 Sec. 15. Section 86.17, subsection 1, Code 1999, is 5 32 amended to read as follows: 5 33 1. Notwithstanding the provisions of section 17A.11, the 5 34industrialworkers' compensation commissioner or a deputy 5 35industrialworkers' compensation commissioner shall preside 6 1 over any contested case proceeding brought under this chapter, 6 2 chapter 85, 85A, or 85B in the manner provided by chapter 17A. 6 3 The deputy commissioner or the commissioner may make such 6 4 inquiries in contested case proceedings as shall be deemed 6 5 necessary, so long as such inquiries do not violate any of the 6 6 provisions of section 17A.17. 6 7 Sec. 16. Section 124.401F, subsection 2, paragraph b, Code 6 8 Supplement 1999, is amended to read as follows: 6 9 b. Possesses or transports anhydrous ammonia in a 6 10 container or receptacle which is not authorized to hold 6 11 anhydrous ammonia according to rules adopted by the secretary 6 12 of agriculture. 6 13 Sec. 17. Section 135.11, subsection 18, Code Supplement 6 14 1999, is amended to read as follows: 6 15 18. Consult with the office of statewide clinical 6 16 education programs at the university of Iowa college of 6 17 medicine and annually submit a report to the general assembly 6 18 by January 15 verifying the number of physicians in active 6 19 practice in Iowa by county who are engaged in providing 6 20 obstetrical care. To the extent data are readily available, 6 21 the report shall include information concerning the number of 6 22 deliveries per year by specialty and county, the age of 6 23 physicians performing deliveries, and the number of current 6 24 year graduates of the university of Iowa college of medicine 6 25 andthe university of osteopathic medicine and health sciences6 26 Des Moines university – osteopathic medical center entering 6 27 into residency programs in obstetrics, gynecology, and family 6 28 practice. The report may include additional data relating to 6 29 access to obstetrical services that may be available. 6 30 Sec. 18. Section 135.22A, subsection 1, paragraph a, Code 6 31 Supplement 1999, is amended to read as follows: 6 32 a. "Brain injury" meansana brain injuryto the brainas 6 33 defined in section 135.22. 6 34 Sec. 19. Section 135.107, subsection 3, paragraph d, 6 35 subparagraph (1), Code 1999, is amended to read as follows: 7 1 (1) The Iowa department of public health, in cooperation 7 2 with a primary care collaborative effort including the 7 3 university of Iowa college of medicine,the university of7 4osteopathic medicine and health sciencesDes Moines university 7 5 – osteopathic medical center, and other primary care 7 6 professional educational institutions in Iowa, shall develop 7 7 and establish area health education centers. The effort shall 7 8 involve making application for a federal grant under 42 U.S.C. 7 9 } 293j, as prescribed by that section. 7 10 Sec. 20. Section 135.107, subsection 4, Code 1999, is 7 11 amended to read as follows: 7 12 4. The director of public health shall establish a primary 7 13 care collaborative work group to coordinate all statewide 7 14 recruitment and retention activities established pursuant to 7 15 this section and to make recommendations to the department and 7 16 the center for rural health and primary care relating to the 7 17 implementation of subsection 3. Membership of the work group 7 18 shall consist, at a minimum, of representatives from the 7 19 university of Iowa college of medicine,university of7 20osteopathic medicine and health sciencesDes Moines university 7 21 – osteopathic medical center, university of Iowa physician 7 22 assistant school, university of Iowa nurse practitioner 7 23 school,university of osteopathic medicine and health sciences7 24 Des Moines university – osteopathic medical center physician 7 25 assistant program, Iowa-Nebraska primary care association, 7 26 Iowa medical society, Iowa osteopathic medical association, 7 27 Iowa chapter of American college of osteopathic family 7 28 physicians, Iowa academy of family physicians, nurse 7 29 practitioner association, Iowa nurses association, association 7 30 of Iowa hospitals and health systems, and Iowa physicians 7 31 assistants association. 7 32 Sec. 21. Section 139B.1, subsection 1, paragraph a, Code 7 33 Supplement 1999, is amended to read as follows: 7 34 a. "Contagious or infectious disease" means hepatitis in 7 35 any form, meningococcal disease, tuberculosis, and any other 8 1 disease with the exception of AIDS or HIV infection as defined 8 2 in section 141A.1, determined to be life-threatening to a 8 3 person exposed to the disease as established by rules adopted 8 4 by the department based upon a determination by the state 8 5 epidemiologist and in accordance with guidelines of the 8 6 centers for disease control and preventionand controlof the 8 7 United States department of health and human services. 8 8 Sec. 22. Section 161B.1, subsection 2, paragraph f, Code 8 9 1999, is amended to read as follows: 8 10 f. State university of Iowa department ofpreventative8 11 preventive medicine and environmental health. 8 12 Sec. 23. Section 163A.1, subsection 9, paragraph b, 8 13 unnumbered paragraphs 1 and 3, Code 1999, are amended to read 8 14 as follows: 8 15 A herd which has been tested pursuant to a test approved by 8 16 rule of the Iowa department of agriculture and land 8 17 stewardship pursuant to chapter 17A, which test is in 8 18 compliance with the recommended uniform methods and rules of 8 19 the animal and plant health inspection service of the United 8 20 States department of agriculture. 8 21 If the Iowa department of agriculture and land stewardship 8 22 adopts a rule under paragraph "b" of this subsection and the 8 23 recommended uniform methods and rules of the animal and plant 8 24 health inspection service of the United States department of 8 25 agriculture are subsequently changed, the Iowa department of 8 26 agriculture and land stewardship shall not change its rule if 8 27 the effect would be to make less restrictive the standards or 8 28 procedures for validating a brucellosis-free herd. 8 29 Sec. 24. Section 166.42, unnumbered paragraph 1, Code 8 30 Supplement 1999, is amended to read as follows: 8 31 The secretary may establish a reserve supply of biological 8 32 products of approved modified live virus hog-cholera vaccine 8 33 and of anti-hog-cholera serum or its equivalent in antibody 8 34 concentrate to be used as directed by the secretary in the 8 35 event of an emergency resulting from a hog-cholera outbreak. 9 1 Vaccine and serum or antibody concentrate from the reserve 9 2 supply, if used for such an emergency, shall be made available 9 3 to swine producers at a price which will not result in a 9 4 profit. Payment shall be made by the producer to the 9 5 department and such vaccine shall be administered by a 9 6 licensed practicing veterinarian. The secretary may cooperate 9 7 with other states in the accumulation, maintenance and 9 8 disbursement of such reserve supply of biological products. 9 9 The secretary, with the advice and written consent of the 9 10 state veterinarian, and the advice and written consent of the 9 11 veterinarian-in-charge for Iowa of the animal,and plant, and9 12 health inspection service–veterinary services, United States 9 13 department of agriculture, shall determine when an emergency 9 14 resulting from a hog-cholera outbreak exists. 9 15 Sec. 25. Section 184A.1A, subsection 4, Code Supplement 9 16 1999, is amended to read as follows: 9 17 4. Within thirty days after approval at the referendum to 9 18 establish a council and to impose an assessment, the 9 19 department shall organize the council as provided in section 9 20 184A.1B. 9 21 Sec. 26. Section 229A.5A, subsection 1, Code Supplement 9 22 1999, is amended to read as follows: 9 23 1. The prosecuting attorney or attorney general is 9 24 authorized upon the occurrence of a recent overt act, or upon 9 25 receiving written notice pursuant to section 229A.3, or before 9 26 the filing of a petition under this chapter, to subpoena and 9 27 compel the attendance of witnesses, examine the witnesses 9 28 under oath, and require the production of documentary evidence 9 29 for inspection, reproduction, or copying. Except as otherwise 9 30 provided by this section, the prosecuting attorney or attorney 9 31 general shall have the same powers and limitations, subject to 9 32 judicial oversight and enforcement, as provided by this 9 33 chapter and by the Iowa rules of civil procedure. Any person 9 34 compelled to appear under a demand for oral testimony under 9 35 this section may be accompanied, represented, and advised by 10 1 counsel attheirthe person's own expense. 10 2 Sec. 27. Section 229A.7, subsection 5, Code Supplement 10 3 1999, is amended to read as follows: 10 4 5. If the court or jury is not satisfied beyond a 10 5 reasonable doubt that the respondent is a sexually violent 10 6 predator, the court shall direct the respondent's release. 10 7 Upon a mistrial, the court shall direct that the respondent be 10 8 held at an appropriate secure facility until another trial is 10 9 conducted. Any subsequent trial following a mistrial shall be 10 10 held within ninety days of the previous trial, unless such 10 11 subsequent trial is continued as provided in subsection12. 10 12 Sec. 28. Section 235C.3, subsection 2, paragraph b, Code 10 13 Supplement 1999, is amended to read as follows: 10 14 b. A health professional training campaign, including 10 15 recommendations concerning the curriculum offered at the 10 16 college of medicine at the stateuniversity of Iowa and the10 17university of osteopathic medicine and health sciencesDes 10 18 Moines university – osteopathic medical center, providing 10 19 assistance in the identification of women at risk of substance 10 20 abuse during pregnancy and strategies to be employed in 10 21 assisting those women to maintain healthy lifestyles during 10 22 pregnancy. This education campaign shall offer information to 10 23 health professionals on assessment, laboratory testing, and 10 24 referrals. 10 25 Sec. 29. Section 237A.23, subsection 1, Code Supplement 10 26 1999, is amended to read as follows: 10 27 1. The departments of education, public health, and human 10 28 services shall jointly establish a leadership council for 10 29 child care training and development in this state. In 10 30 addition to representatives of the three departments, the 10 31 leadership council shall include but is not limited to 10 32 representatives of community colleges, institutions of higher 10 33 learning under the state board of regents and private 10 34 institutions of higher education, the Iowa cooperative 10 35 extension service in agriculture and home economics, and child 11 1 care resource and referral service agencies. 11 2 Sec. 30. Section 255.26, unnumbered paragraph 1, Code 11 3 1999, is amended to read as follows: 11 4 Warrants issued under section 255.25 shall be promptly 11 5 drawn on the treasurer of state and forwarded by the director 11 6 of revenue and finance to the treasurer of the state 11 7 university, and the same shall be by the treasurer of the 11 8 state university placed to the credit of the funds which are 11 9 set aside for the support of the university hospital. 11 10However, warrants shall not be paid unless the UB-82 claim11 11required pursuant to section 255A.13 has been filed with the11 12community health management information system.The 11 13 superintendent of the university hospital shall certify to the 11 14 auditor of state on the first day of January, April, July, and 11 15 October of each year, the amount as herein provided not 11 16 previously certified by the superintendent due the state from 11 17 the several counties having patients chargeable thereto, and 11 18 the auditor of state shall thereupon charge the same to the 11 19 county so owing. A duplicate certificate shall also be mailed 11 20 to the auditor of each county having patients chargeable 11 21 thereto. Expenses for obstetrical patients served under 11 22 section 255A.9 shall be reimbursed as specified in section 11 23 255A.9. 11 24 Sec. 31. Section 255A.13, Code 1999, is amended to read as 11 25 follows: 11 26 255A.13 DATA COLLECTION. 11 27Beginning July 1, 1987, theThe university of Iowa 11 28 hospitals and clinics shall submit, on a quarterly basis,UB-11 2982UB-92 claims for all patients discharged after being served 11 30 under the indigent patient program under chapter 255.The UB-11 3182 claim shall include all data elements which are required by11 32the community health management information system.11 33 Sec. 32. Section 257.46, subsection 2, Code Supplement 11 34 1999, is amended to read as follows: 11 35 2. The remaining portion of the budget shall be funded by 12 1 the thirty-eight dollar increase in allowable growth for the 12 2 school budget year beginning July 1, 1999, increased by the 12 3 growth of the regular program district cost each year. School 12 4 districts shall annually report the amount expended for a 12 5 gifted and talented program to the department of education. 12 6 The proportion of a school district's budget which corresponds 12 7 to the thirty-eight dollar increase in allowable growth for 12 8 the school budget year beginning July 1, 1999, added to the 12 9 amount in subsection 1, shall be utilized exclusively for a 12 10 school district's gifted and talentedand giftedprogram. 12 11 Sec. 33. Section 261.19, Code 1999, is amended to read as 12 12 follows: 12 13 261.19 OSTEOPATHIC PHYSICIAN RECRUITMENT PROGRAM. 12 14 1. A physician recruitment program is established, to be 12 15 administered by the college student aid commission, forthe12 16university of osteopathic medicine and health sciences of Des12 17Moines, IowaDes Moines university – osteopathic medical 12 18 center. The program shall consist of a forgivable loan 12 19 program and a tuition scholarship program for students and a 12 20 loan repayment program for physicians. The commission shall 12 21 regularly adjust the physician service requirement under each 12 22 aspect of the program to provide, to the extent possible, an 12 23 equal financial benefit for each period of service required. 12 24 From funds appropriated for purposes of the program by the 12 25 general assembly, the commission shall pay a fee tothe12 26university of osteopathic medicine and health sciencesDes 12 27 Moines university – osteopathic medical center for the 12 28 administration of the program. A portion of the fee shall be 12 29 paid by the commission to the university based upon the number 12 30 of physicians recruited under subsection 4. 12 31 2. A forgivable loan may be awarded to a resident of Iowa 12 32 who is enrolled atthe university of osteopathic medicine and12 33health sciencesDes Moines university – osteopathic medical 12 34 center if the student agrees to practice in this state for a 12 35 period of time to be determined by the commission at the time 13 1 the loan is awarded. Forgivable loans to eligible students 13 2 shall not become due and interest on the loan shall not accrue 13 3 until after the student completes a residency program. If the 13 4 student completes the period of practice established by the 13 5 commission and agreed to by the student, the loan amount shall 13 6 be forgiven. The loan amount shall not be forgiven if the 13 7 osteopathic physician fails to complete the required time 13 8 period of practice in this state or fails to satisfactorily 13 9 continue in the university's program of medical education. 13 10 3. A student enrolled atthe university of osteopathic13 11medicine and health sciencesDes Moines university – 13 12 osteopathic medical center shall be eligible for a tuition 13 13 scholarship for the student's study at the university. The 13 14 scholarship shall be for an amount not to exceed the annual 13 15 tuition at the university. A student who receives a tuition 13 16 scholarship shall not be eligible for the loan repayment 13 17 program provided for by this section. A student who receives 13 18 a tuition scholarship shall agree to practice in an eligible 13 19 rural community in this state for a period of time to be 13 20 determined by the commission at the time the scholarship is 13 21 awarded. The student shall repay the scholarship to the 13 22 commission if the student fails to practice in a medically 13 23 underserved rural community in this state for the required 13 24 period of time. 13 25 4. A physician shall be eligible for the physician loan 13 26 repayment program if the physician agrees to practice in an 13 27 eligible rural community in this state.The university of13 28osteopathic medicine and health sciencesDes Moines university 13 29 – osteopathic medical center shall recruit and place 13 30 physicians in rural communities which have agreed to provide 13 31 additional funds for the physician's loan repayment. The 13 32 contract for the loan repayment shall stipulate the time 13 33 period the physician shall practice in an eligible rural 13 34 community in this state. In addition, the contract shall 13 35 stipulate that the physician repay any funds paid on the 14 1 physician's loan by the commission if the physician fails to 14 2 practice in an eligible rural community in this state for the 14 3 required period of time. For purposes of this subsection, 14 4 "eligible rural community" means a medically underserved rural 14 5 community which agrees to match state funds provided on at 14 6 least a dollar-for-dollar basis for the loan repayment of a 14 7 physician who practices in the community. 14 8 5. The commission shall adopt rules pursuant to chapter 14 9 17A to administer this section. 14 10 Sec. 34. Section 263.17, subsection 2, paragraph a, 14 11 subparagraph (1), Code 1999, is amended to read as follows: 14 12 (1) The state university of Iowa department of 14 13preventativepreventive medicine and environmental health. 14 14 Sec. 35. Section 279.51, subsection 2, paragraph b, 14 15 subparagraph (1), Code Supplement 1999, is amended to read as 14 16 follows: 14 17 (1) To school districts to establish programs forthree-14 18year-three-year-old,four-year-four-year-old, and five-year- 14 19 old at-risk children which are a combination of preschool and 14 20 full-day kindergarten. 14 21 Sec. 36. Section 359A.18, subsection 5, Code 1999, is 14 22 amended to read as follows: 14 23 5. A fence consisting of four parallel, coated steel, 14 24 smooth high-tensile wire which meets requirements adopted by 14 25 the American societyoffor testing and materials, including 14 26 but not limited to requirements relating to the grade, tensile 14 27 strength, elongation, dimensions, and tolerances of the wire. 14 28 The wire must be firmly fastened to plastic, metal, or wooden 14 29 posts securely planted in the earth. The posts shall not be 14 30 more than two rods apart. The top wire shall be at least 14 31 forty inches in height. 14 32 Sec. 37. Section 422.45, subsections 38A and 38B, Code 14 33 Supplement 1999, are amended to read as follows: 14 34 38A. The gross receipts from the sale or rental of 14 35 aircraft; the sale or rental of tangible personal property 15 1 permanently affixed or attached as a component part of the 15 2 aircraft, including but not limited to repair or replacement 15 3 materials or parts; and the gross receipts of all services 15 4 used for aircraft repair, remodeling, and maintenance services 15 5 when such services are performed on aircraft, aircraft 15 6 engines, or aircraft component materials or parts. For the 15 7 purposes of this exemption, "aircraft" means aircraft used in 15 8 a scheduled interstate federal aviationadministration-15 9certifiedadministration certificated air carrier operation. 15 10 38B. The gross receipts from the sale or rental of 15 11 tangible personal property permanently affixed or attached as 15 12 a component part of the aircraft, including but not limited to 15 13 repair or replacement materials or parts; and the gross 15 14 receipts of all services used for aircraft repair, remodeling, 15 15 and maintenance services when such services are performed on 15 16 aircraft, aircraft engines, or aircraft component materials or 15 17 parts. For the purposes of this exemption, "aircraft" means 15 18 aircraft used in a nonscheduled interstate federal aviation 15 19administration-certifiedadministration certificated air 15 20 carrier operation operating under 14 C.F.R. ch. 1, pt. 135. 15 21 Sec. 38. Section 422.121, Code Supplement 1999, is amended 15 22 to read as follows: 15 23 422.121 APPROPRIATION – LIMITATION. 15 24 Beginning with the fiscal year beginning July 1, 1997, 15 25 there is appropriated annually from the general fund of the 15 26 state two million dollars to refund the credits allowed under 15 27 this division. Notwithstanding section 422.120, for tax years 15 28 beginning on or after January 1, 1997, the livestock 15 29 production tax credit shall only be allowed for cow-calf 15 30 operations. In calculating the tax credit for cow-calf 15 31 operations for tax years beginning in the 1997 calendar year, 15 32 mature beef cows bred or for breeding, bred yearling heifers, 15 33 and breeding bulls in the operations' inventory on December 31 15 34 of the tax year which were also in theoperationsoperations' 15 35 inventory on July 1 of the tax year and stockers and feeders 16 1 sold during the tax year may be counted. In calculating the 16 2 tax credit for cow-calf operations for tax years beginning on 16 3 or after January 1, 1998, only those bred cows, bred heifers, 16 4 and breeding bulls in the operations' inventory on December 31 16 5 of the tax year which were also in theoperationsoperations' 16 6 inventory on July 1 of the tax year may be counted. 16 7 Sec. 39. Section 422B.1, subsection 6, paragraph b, Code 16 8 Supplement 1999, is amended to read as follows: 16 9 b. Within ten days of the election at which a majority of 16 10 those voting on the question favors the imposition, repeal, or 16 11 change in the rate of a local option tax, the county auditor 16 12 shall give written notice by sending a copy of the abstract of 16 13 theballotvotes from the favorable election to the director 16 14 of revenue and finance or, in the case of a local vehicle tax, 16 15 to the director of the department of transportation, of the 16 16 result of the election. 16 17 Sec. 40. Section 422E.2, subsection 4, paragraph b, 16 18 unnumbered paragraph 1, Code Supplement 1999, is amended to 16 19 read as follows: 16 20 Within ten days of the election at which a majority of 16 21 those voting on the question favors the imposition, repeal, or 16 22 change in the rate of the tax, the county auditor shall give 16 23 written notice by sending a copy of the abstract ofballotthe 16 24 votes from the favorable election to the director of revenue 16 25 and finance of the result of the election. Election costs 16 26 shall be apportioned among school districts within the county 16 27 on a pro rata basis in proportion to the number of registered 16 28 voters in each school district and the total number of 16 29 registered voters in all of the school districts within the 16 30 county. 16 31 Sec. 41. Section 423.4, subsections 18 and 19, Code 16 32 Supplement 1999, are amended to read as follows: 16 33 18. Aircraft; tangible personal property permanently 16 34 affixed or attached as a component part of the aircraft, 16 35 including but not limited to repair or replacement materials 17 1 or parts; and all services used for aircraft repair, 17 2 remodeling, and maintenance services when such services are 17 3 performed on aircraft, aircraft engines, or aircraft component 17 4 materials or parts. For the purposes of this exemption, 17 5 "aircraft" means aircraft used in a scheduled interstate 17 6 federal aviation administrationcertifiedcertificated air 17 7 carrier operation. 17 8 19. Tangible personal property permanently affixed or 17 9 attached as a component part of the aircraft, including but 17 10 not limited to repair or replacement materials or parts; and 17 11 all services used for aircraft repair, remodeling, and 17 12 maintenance services when such services are performed on 17 13 aircraft, aircraft engines, or aircraft component materials or 17 14 parts. For the purposes of this exemption, "aircraft" means 17 15 aircraft used in a nonscheduled interstate federal aviation 17 16 administrationcertifiedcertificated air carrier operation 17 17 operating under 14 C.F.R. ch. 1, pt. 135. 17 18 Sec. 42. Section 427.1, subsection 14, unnumbered 17 19 paragraph 2, Code Supplement 1999, is amended to read as 17 20 follows: 17 21 The assessor, in arriving at the valuation of any property 17 22 of the society or organization, shall take into consideration 17 23 any uses of the property not for the appropriate objects of 17 24 the organization and shall assess in the same manner as other 17 25 property, all or any portion of the property involved which is 17 26 leased or rented and is used regularly for commercial purposes 17 27 for a profit to a party or individual. If a portion of the 17 28 property is used regularly for commercial purposes an 17 29 exemption shall not be allowed upon property so used and the 17 30 exemption granted shall be in the proportion of the value of 17 31 the property used solely for the appropriate objects of the 17 32 organization, to the entire value of the property. However, 17 33 the board of trustees or the board of directors of a hospital, 17 34 as defined in section 135B.1,subsection 1,may permit use of 17 35 a portion of the hospital for commercial purposes, and the 18 1 hospital is entitled to full exemption for that portion used 18 2 for nonprofit health-related purposes, upon compliance with 18 3 the filing requirements of this subsection. 18 4 Sec. 43. Section 427B.4, unnumbered paragraph 1, Code 18 5 1999, is amended to read as follows: 18 6 An application shall be filed for each project resulting in 18 7 actual value added for which an exemption is claimed. The 18 8 application for exemption shall be filed by the owner of the 18 9 property with the local assessor by February 1 of the 18 10 assessment year in which the value added is first assessed for 18 11 taxation. Applications for exemption shall be made on forms 18 12 prescribed by the director of revenue and finance and shall 18 13 contain information pertaining to the nature of the 18 14 improvement, its cost, and other information deemed necessary 18 15 by the director of revenue and finance. 18 16 Sec. 44. Section 448.2, Code 1999, is amended to read ass 18 17 follows: 18 18 448.2 FORM. 18 19 Deeds executed by the county treasurer shall be 18 20 substantially in the following form: 18 21 KNOW ALL PERSONS BY THESE PRESENTS, that the following 18 22 described parcel: (Here follows the description), situated in 18 23 the county of ...... and state of Iowa, was subject to taxes 18 24 for the year (or years) A.D. ...., and the taxes on the parcel 18 25 for the year (or years) stated remained due and unpaid at the 18 26 date of the sale; and the treasurer of the county, on the .... 18 27 day of ......, A.D. ...., by virtue of the authority vested by 18 28 law in the treasurer, at (an adjournment of) the sale begun 18 29 and publicly held on the third Monday of June, A.D. ...., 18 30 exposed to public sale at the office of the county treasurer 18 31 in the county named, in substantial conformity with all the 18 32 requirements of the statute, the parcel described, for the 18 33 payment of the total amount then due and remaining unpaid on 18 34 the parcel, and at that time and placeA ..... B....., of the 18 35 county of ........ and state of ......, offered to pay the 19 1 sum of .. dollars and .. cents, being the total amount then 19 2 due and remaining unpaid on the parcel, for (here follows the 19 3 description of the parcel sold) which was the least quantity 19 4 bid for, and payment of that sum was made by that person to 19 5 the treasurer, the parcel was stricken off to that person at 19 6 that price; andA ..... B..... did, on the ... day of 19 7 ......, A.D. ...., assign the certificate of the sale of the 19 8 parcel and all right, title, and interest to the parcel toE19 9..... F..... of the county of ....... and state of ......; 19 10 and by the affidavit of ......., filed in the treasurer's 19 11 office on the ... day of ......, A.D. ...., it appears that 19 12 notice has been given more than ninety days before the 19 13 execution of this deed to ..... and ..... of the expiration of 19 14 the time of redemption allowed by law; and two years have 19 15 elapsed since the date of the sale, and the parcel has not 19 16 been redeemed: 19 17 Now, I,C ..... D....., treasurer of the county, for the 19 18 consideration of the stated sum paid to the treasurer and by 19 19 virtue of law, have granted, bargained, and sold, and by these 19 20 presents do grant, bargain, and sell toA ..... B..... (orE19 21..... F.....), and that person's heirs and assigns, the 19 22 parcel described, to have and to hold unto that person (orE19 23..... F.....), and that person's heirs and assigns, forever; 19 24 subject, however, to all the rights of redemption provided by 19 25 law. In witness whereof, I,C ..... D....., treasurer of 19 26 ...... county, by virtue of the authority vested in me, have 19 27 subscribed my name on this .... day of ......, A.D. .... 19 28 .................... 19 29 Treasurer 19 30 State of Iowa, ) 19 31 ......County. ) ss. 19 32 I certify that before me, ........, in and for said county, 19 33 personally appeared the above namedC ..... D....., treasurer 19 34 of the county, personally known to me to be the treasurer of 19 35 the county at the date of the execution of the above 20 1 conveyance, and to be the identical person whose name is 20 2 affixed to and who executed the above conveyance as treasurer 20 3 of the county, and acknowledged the execution of the 20 4 conveyance to be the treasurer's voluntary act and deed as 20 5 treasurer of the county, for the purposes expressed in the 20 6 conveyance. 20 7 Given under my hand (and seal) this .... day of ......, 20 8 A.D. .... 20 9 Sec. 45. Section 453C.1, subsection 9, paragraph a, Code 20 10 Supplement 1999, is amended to read as follows: 20 11 a. Manufactures cigarettes anywhere that such manufacturer 20 12 intends to be sold in the United States, including cigarettes 20 13 intended to be sold in the United States through an importer, 20 14 except where such importer is an original participating 20 15 manufacturer, as that term is defined in the master settlement 20 16 agreement, that will be responsible for the payments under the 20 17 master settlement agreement with respect to such cigarettes as 20 18 a result of the provisions ofthesubsection II(mm) of the 20 19 master settlement agreement and that pays the taxes specified 20 20 in subsection II(z) of the master settlement agreement and 20 21 provided that the manufacturer of such cigarettes does not 20 22 market or advertise such cigarettes in the United States. 20 23 Sec. 46. Section 455B.173, subsection 8, Code Supplement 20 24 1999, is amended to read as follows: 20 25 8. Formulate and adopt specific and detailed statewide 20 26 standards pursuant to chapter 17A for review of plans and 20 27 specifications and the construction of sewer systems and water 20 28 supply distribution systems and extensions to such systems not 20 29 later than October 1, 1977. The standards shall be based on 20 30 criteria contained in the "Recommended Standards for Sewage 20 31 Works" and "Recommended Standards for Water Works" (Ten States 20 32 Standards) as adopted by the Great Lakes-Upper Mississippi 20 33 River board of state sanitary engineers, design manuals 20 34 published by the department, applicable federal guidelines and 20 35 standards, standard textbooks, current technical literature 21 1 and applicable safety standards. The material standards for 21 2 polyvinyl chloride pipe shall not exceed the specifications 21 3 for polyvinyl chloride pipe in designations D-1784-69, D-2241- 21 4 73, D-2564-76, D-2672-76, D-3036-73 and D-3139-73 of the 21 5 American societyoffor testing andmaterialmaterials. The 21 6 rules adopted which directly pertain to the construction of 21 7 sewer systems and water supply distribution systems and the 21 8 review of plans and specifications for such construction shall 21 9 be known respectively as the Iowa Standards for Sewer Systems 21 10 and the Iowa Standards for Water Supply Distribution Systems 21 11 and shall be applicable in each governmental subdivision of 21 12 the state. Exceptions shall be made to the standards so 21 13 formulated only upon special request to and receipt of 21 14 permission from the department. The department shall publish 21 15 the standards and make copies of such standards available to 21 16 governmental subdivisions and to the public. 21 17 Sec. 47. Section 455B.474, subsection 1, paragraph d, 21 18 subparagraph (2), subparagraph subdivision (d), Code 21 19 Supplement 1999, is amended to read as follows: 21 20 (d) For purposes of classifying a site as either low risk 21 21 or no action required, the department shall rely upon the 21 22 example tier one risk-based screening level look-up table of 21 23 the American society for testingofand materials' emergency 21 24 standard, ES38-94, or other look-up table as determined by the 21 25 department by rule. 21 26 Sec. 48. Section 455B.474, subsection 1, paragraph f, 21 27 subparagraph (4), subparagraph subdivision (e), Code 21 28 Supplement 1999, is amended to read as follows: 21 29 (e) Risk-based corrective action assessment principles 21 30 which identify the risks presented to the public health and 21 31 safety or the environment by each release in a manner that 21 32 will protect the public health and safety or the environment 21 33 using a tiered procedure consistent with the American society 21 34 for testingofand materials' emergency standard, ES38-94. 21 35 Sec. 49. Section 514.7, unnumbered paragraph 1, Code 22 1 Supplement 1999, is amended to read as follows: 22 2 The contracts by any such corporation with the subscribers 22 3 for health care service shall at all times be subject to the 22 4 approval of the commissioner of insurance. Thecommission22 5 commissioner shall require that participating pharmacies be 22 6 reimbursed by the pharmaceutical service corporation at rates 22 7 or prices equal to rates or prices charged nonsubscribers, 22 8 unless the commissioner determines otherwise to prevent loss 22 9 to subscribers. 22 10 Sec. 50. Section 514E.1, subsection 12, Code 1999, is 22 11 amended to read as follows: 22 12 12. "Health care facility" means a health care facility as 22 13 defined in section 135C.1,subsection 6,a hospital as defined 22 14 in section 135B.1,subsection 1,or a community mental health 22 15 center established under chapter 230A. 22 16 Sec. 51. Section 522A.3, subsection 5, paragraph d, Code 22 17 Supplement 1999, is amended to read as follows: 22 18 d. A fee, compensation, or commission is not paid to an 22 19 employee by a rental company dependentbasedsolely on the 22 20 sale of insurance under any limited license issued pursuant to 22 21 this section. 22 22 Sec. 52. Section 554.12105, subsections 2 and 3, Code 22 23 1999, are amended to read as follows: 22 24 2. Other definitions applying to this article and the 22 25 sections in which they appear are: 22 26 "Acceptance" Section 554.12209 22 27 "Beneficiary" Section 554.12103 22 28 "Beneficiary's bank" Section 554.12103 22 29 "Executed" Section 554.12301 22 30 "Execution date" Section 554.12301 22 31 "Funds transfer" Section 554.12104 22 32 "Funds-transfer system rule" Section 554.12501 22 33 "Governing law" Section 554.12507 22 34 "Intermediary bank" Section 554.12104 22 35 "Originator" Section 554.12104 23 1 "Originator's bank" Section 554.12104 23 2 "Payment by beneficiary's bank 23 3 to beneficiary" Section 554.12405 23 4 "Payment by originator 23 5 to beneficiary" Section 554.12406 23 6 "Payment by sender to 23 7 receiving bank" Section 554.12403 23 8 "Payment date" Section 554.12401 23 9 "Payment order" Section 554.12103 23 10 "Receiving bank" Section 554.12103 23 11 "Security procedure" Section 554.12201 23 12 "Sender" Section 554.12103 23 13 3. The following definitions in article 4 apply to this 23 14 article: 23 15 "Clearing house" Section 554.4104 23 16 "Item" Section 554.4104 23 17 "Suspends payments" Section 554.4104 23 18 Sec. 53. Section 598B.208, subsection 3, Code Supplement 23 19 1999, is amended to read as follows: 23 20 3. If a court dismisses a petition or stays a proceeding 23 21 because it declines to exercise its jurisdiction pursuant to 23 22 subsection 1, it shall assess against the party seeking to 23 23 invoke its jurisdiction necessary and reasonable expenses 23 24 including costs, communication expenses, attorney fees, 23 25 investigative fees, expenses for witnesses, travel expenses, 23 26 and child care expenses during the course of the proceedings, 23 27 unless the party from whom fees are sought establishes that 23 28 the assessment would be clearly inappropriate. The court 23 29 shall not assess fees, costs, or expenses against this state 23 30 unless authorized by law other than this chapter. 23 31 Sec. 54. Section 598B.312, subsection 1, Code Supplement 23 32 1999, is amended to read as follows: 23 33 1. The court shall award the prevailing party, including a 23 34 state, necessary and reasonable expenses incurred by or on 23 35 behalf of the party, including costs, communication expenses, 24 1 attorney fees, investigative fees, expenses for witnesses, 24 2 travel expenses, and child care expenses during the course of 24 3 the proceedings, unless the party from whom fees or expenses 24 4 are sought establishes that the award would be clearly 24 5 inappropriate. 24 6 Sec. 55. Section 637.202, subsection 2, paragraph b, Code 24 7 Supplement 1999, is amended to read as follows: 24 8 b. The beneficiary's fractional interest in the 24 9 undistributed principal assets must be calculated without 24 10 regard to property specifically given to a beneficiary and 24 11 property required tobepay pecuniary amounts not in trust. 24 12 Sec. 56. Section 663.8, Code 1999, is amended to read as 24 13 follows: 24 14 663.8 FORM OF WRIT. 24 15 If the petition is in accordance with the foregoing 24 16 requirements, and states sufficient grounds for the allowance 24 17 of the writ, it shall issue, and may be substantially as 24 18 follows: 24 19 The State of Iowa, 24 20 ToA...... B......: 24 21 You are hereby commanded to have the body ofC.... D...., 24 22 by you unlawfully detained, as is alleged, before the court 24 23 (or before me, or beforeE.... F...., judge, etc., as the case 24 24 may be), at ...., on .... (or immediately after being served 24 25 with this writ), to be dealt with according to law, and have 24 26 you then and there this writ, with a return thereon of your 24 27 doings in the premises. 24 28 Sec. 57. Section 692A.13, subsection 3, paragraph c, 24 29 subparagraphs (1) and (2), Code Supplement 1999, are amended 24 30 to read as follows: 24 31 (1) Persons who commit a criminal offense against a minor, 24 32 an aggravated offense, sexual exploitation, a sexually violent 24 33 offense, or an other relevant offense on or after the 24 34 effective date of this Act and who have been assessed to bea24 35 "moderate-risk" or "high-risk". 25 1 (2) Persons who committed an offense prior to July 1, 25 2 1999, and who have been assessed to bea"moderate-risk" or 25 3 "high-risk" and whose opportunity to request a hearing 25 4 regarding the assessment of risk has lapsed. 25 5 Sec. 58. 1999 Iowa Acts, chapter 112, section 9, is 25 6 amended by striking the amending phrase to the section and 25 7 inserting in lieu thereof the following: "Section 692A.5, 25 8 subsection 1, Code 1999, is amended by adding the following 25 9 new paragraph:" 25 10 DIVISION II 25 11 CENTURY DATE CHANGE 25 12 Sec. 59. Sections 6B.9, 28A.6, 52.21, 85.24, 96.14, 25 13 441.26, 448.15, 458.22, 461B.5, 468.371, 468.553, 515.138, 25 14 558.26, 558.39, 558.57, 558.58, 558.66, 617.3, 633.279, 25 15 633.295, and 656.2, Code 1999, are amended by striking "day of 25 16 ___, 19__," and inserting in lieu thereof "day of ___ (month), 25 17 ____ (year),". 25 18 Sec. 60. Section 43.26, Code 1999, is amended by striking 25 19 "June, 19___" and inserting in lieu thereof "June, ____ 25 20 (year)". 25 21 Sec. 61. Section 46.9, Code 1999, is amended by striking 25 22 "January 31, 19___" and inserting in lieu thereof "January 31, 25 23 ____ (year)". 25 24 Sec. 62. Sections 52.9 and 52.38, Code 1999, are amended 25 25 by striking "election of ___, 19___" and inserting in lieu 25 26 thereof "election of _____ (date)". 25 27 Sec. 63. Sections 52.9 and 52.38, Code 1999, are amended 25 28 by striking "Dated ___ 19___" and inserting in lieu thereof 25 29 "Dated ____". 25 30 Sec. 64. Section 52.21, Code 1999, is amended by striking 25 31 "VOTING MACHINE RETURN AND TALLY SHEET ____ ELECTION ___ 25 32 19___, COUNTY OF ____" and inserting in lieu thereof "VOTING 25 33 MACHINE RETURN AND TALLY SHEET _____ ELECTION ____ (DATE), 25 34 COUNTY OF _______". 25 35 Sec. 65. Section 384.50, Code 1999, is amended to read as 26 1 follows: 26 2 384.50 NOTICE OF HEARING. 26 3 The clerk shall publish notice of the date, time, and place 26 4 of the hearing once each week for two consecutive weeks in the 26 5 manner provided by section 362.3, the first publication of 26 6 which shall be not less than ten days before the date of the 26 7 hearing. The notice must be in substantially the following 26 8 form: 26 9 NOTICE TO PROPERTY OWNERS 26 10 Notice is given that there is now on file for public 26 11 inspection in the office of the clerk of ........, Iowa, a 26 12 proposed resolution of necessity, an estimate of cost, and a 26 13 plat and schedule showing the amounts proposed to be assessed 26 14 against each lot and the valuation of each lot within a 26 15 district approved by the council of ........, Iowa, for a 26 16 ...... improvement of the type(s) and in the location(s) as 26 17 follows: 26 18 The council will meet at .. o'clock ...m., on ...., 19..26 19 (date), at the ......, at which time the owners of property 26 20 subject to assessment for the proposed improvement or any 26 21 other person having an interest in the matter may appear and 26 22 be heard for or against the making of the improvement, the 26 23 boundaries of the district, the cost, the assessment against 26 24 any lot, or the final adoption of a resolution of necessity. 26 25 A property owner will be deemed to have waived all objections 26 26 unless at the time of hearing the property owner has filed 26 27 objections with the clerk. 26 28 .................... 26 29 Clerk. 26 30 Not less than fifteen days before the hearing, the clerk 26 31 shall send a copy of the notice by mail to each property owner 26 32 whose property is subject to assessment for the improvement at 26 33 the address as shown by the records of the county auditor. If 26 34 a property is shown to be in the name of more than one owner 26 35 at the same mailing address, a single notice may be mailed 27 1 addressed to all owners at that address. Failure to receive a 27 2 mailed notice is not a defense to the special assessment. 27 3 Sec. 66. Sections 468.511, 558.25, and 558.39, Code 1999, 27 4 are amended by striking "day of ____, A.D. 19___" and 27 5 inserting in lieu thereof "day of ____ (month), ____ (year)". 27 6 Sec. 67. Section 602.6504, Code 1999, is amended by 27 7 striking "December 31, 19___" and inserting in lieu thereof 27 8 "December 31, ____ (year)". 27 9 Sec. 68. Section 614.14, subsection 2, Code Supplement 27 10 1999, is amended to read as follows: 27 11 2. A bona fide purchaser is a purchaser for value in good 27 12 faith and without notice of any adverse claim, who has relied 27 13 on a current, recorded affidavit in substantially the 27 14 following form delivered to the purchaser: 27 15 [Individual trustee] Affidavit in re [insert legal 27 16 description] 27 17 I, ....., being first duly sworn and under oath state of my 27 18 personal knowledge that: 27 19 1. I am the trustee under the trust dated ...,19..,to 27 20 which the above-described real estate was conveyed to the 27 21 trustee by ....., pursuant to an instrument recorded the .. 27 22 day of .... (month),19..(year), recorded in the office of the 27 23 ... County Recorder in ..... [insert recording data]. 27 24 2. I am the presently existing trustee under the trust and 27 25 am authorized to ... [describe the transfer to be made by the 27 26 trustee to the bona fide purchaser], without any limitation or 27 27 qualification whatsoever. 27 28 3. The trust is in existence and I as trustee am 27 29 authorized to transfer the interests in the real estate as 27 30 described in paragraph 2, free and clear of any adverse 27 31 claims. 27 32 .................... 27 33 [signature of affiant] 27 34 Sworn to and subscribed before me by ..... on this .. day 27 35 of ... (month),19..(year) 28 1 .................... 28 2 [Notary Public in and for the 28 3 State of ...] 28 4 [Corporate trustee] Affidavit in re [insert legal description] 28 5 I, ....., being first duly sworn and under oath state of my 28 6 personal knowledge that: 28 7 1. ..... is the trustee under the trust dated ...,19..,28 8 to which the above-described real estate was conveyed to the 28 9 trustee by ....., pursuant to an instrument recorded the ... 28 10 day of ... (month),19..(year), recorded in the office of the 28 11 ... County Recorder in ..... [insert recording data]. 28 12 2. ..... is the presently existing trustee under the trust 28 13 and is authorized to ... [describe the transfer to be made by 28 14 the trustee to the bona fide purchaser], without any 28 15 limitation or qualification whatsoever, and I am ..... 28 16 [officer] of the corporate trustee. 28 17 3. The trust is in existence and ..... as trustee is 28 18 authorized to transfer the interests in the real estate as 28 19 described in paragraph 2, free and clear of any adverse 28 20 claims. 28 21 .................... 28 22 [signature of affiant] 28 23 Sworn to and subscribed before me by ....., on this ... day 28 24 of ... (month),19..(year) 28 25 .................... 28 26 [Notary Public in and for the 28 27 State of ...] 28 28 Sec. 69. Section 633.230, subsection 1, Code 1999, is 28 29 amended to read as follows: 28 30 1. In intestate matters, the administrator, as soon as 28 31 letters are issued, shall cause to be published once each week 28 32 for two consecutive weeks in a daily or weekly newspaper of 28 33 general circulation published in the county in which the 28 34 estate is pending, and at any time during the pendency of 28 35 administration that the administrator has knowledge of the 29 1 name and address of a person believed to own or possess a 29 2 claim which will not or may not be paid or otherwise satisfied 29 3 during administration, provide by ordinary mail to each such 29 4 claimant at the claimant's last known address, a notice of 29 5 appointment which shall be in substantially the following 29 6 form: 29 7 NOTICE OF APPOINTMENT OF 29 8 ADMINISTRATOR AND 29 9 NOTICE TO CREDITORS 29 10 In the District Court of Iowa 29 11 in and for ...... County. 29 12 In the Estate of ......, Deceased 29 13 Probate No. ..... 29 14 To All Persons Interested in the Estate of .........., 29 15 Deceased, who died on or about ......, 19..(date): 29 16 You are hereby notified that on the ... day of 29 17 ......(month),19..(year), the undersigned was appointed 29 18 administrator of the estate. 29 19 Notice is hereby given that all persons indebted to the 29 20 estate are requested to make immediate payment to the 29 21 undersigned, and creditors having claims against the estate 29 22 shall file them with the clerk of the above named district 29 23 court, as provided by law, duly authenticated, for allowance, 29 24 and unless so filed by the later to occur of four months from 29 25 the second publication of this notice or one month from the 29 26 date of the mailing of this notice (unless otherwise allowed 29 27 or paid) a claim is thereafter forever barred. 29 28 Dated this ... day of ......(month),19..(year) 29 29 ................................................... 29 30 Administrator of the estate 29 31 ................................................... 29 32 Address 29 33 ................................................... 29 34 Attorney for the administrator 29 35 ................................................... 30 1 Address 30 2 Date of second publication ... day of ......(month), 30 319..(year) (Date to be inserted by publisher) 30 4 Sec. 70. Section 633.304, unnumbered paragraph 3, Code 30 5 1999, is amended to read as follows: 30 6 The notice shall be substantially in the following form: 30 7 Notice of Probate of Will, 30 8 of Appointment of Executor, 30 9 and Notice to Creditors 30 10 In the District Court of Iowa 30 11 in and for .... County. Probate No. 30 12 .... 30 13 In the Estate of ......, Deceased 30 14 To All Persons Interested in the Estate of ......, Deceased, 30 15 who died on or about ....., 19..(date): 30 16 You are hereby notified that on the ... day of 30 17 ......(month),19..(year), the last will and testament of 30 18 ......, deceased, bearing date of the ... day of ......(month, 30 1919..(year), was admitted to probate in the above named court 30 20 and that ...... was appointed executor of the estate. Any 30 21 action to set aside the will must be brought in the district 30 22 court of said county within the later to occur of four months 30 23 from the date of the second publication of this notice or one 30 24 month from the date of mailing of this notice to all heirs of 30 25 the decedent and devisees under the will whose identities are 30 26 reasonably ascertainable, or thereafter be forever barred. 30 27 Notice is further given that all persons indebted to the 30 28 estate are requested to make immediate payment to the 30 29 undersigned, and creditors having claims against the estate 30 30 shall file them with the clerk of the above named district 30 31 court, as provided by law, duly authenticated, for allowance, 30 32 and unless so filed by the later to occur of four months from 30 33 the second publication of this notice or one month from the 30 34 date of mailing of this notice (unless otherwise allowed or 30 35 paid) a claim is thereafter forever barred. 31 1 Dated this ... day of ......(month),19..(year) 31 2 .................... 31 3 Executor of estate 31 4 .................... 31 5 Address 31 6 .......... 31 7 Attorney for executor 31 8 .......... 31 9 Address 31 10 Date of second publication 31 11 ... day of ......(month),19..(year) 31 12 (Date to be inserted by publisher) 31 13 Sec. 71. Section 633.305, unnumbered paragraph 3, Code 31 14 1999, is amended to read as follows: 31 15 The notice shall be substantially in the following form: 31 16 Notice of Proof of Will Without Administration 31 17 In the District Court of Iowa 31 18 in and for .... County. Probate No. 31 19 .... 31 20 In the Estate of ......, Deceased 31 21 To All Persons Interested in the Estate of ......, Deceased, 31 22 who died on or about .....(month),19..(year): 0 MARGINS L 31 23 You are hereby notified that on the ... day of 31 24 ......(month),19..(year), the last will and testament of 31 25 ......, deceased, bearing date of the ... day of 31 26 ......(month),19..(year), was admitted to probate in the 31 27 above named court and there will be no present administration 31 28 of the estate. Any action to set aside the will must be 31 29 brought in the district court of the county within the later 31 30 to occur of four months from the date of the second 31 31 publication of this notice or one month from the date of 31 32 mailing of this notice to all heirs of the decedent and 31 33 devisees under the will whose identities are reasonably 31 34 ascertainable, or thereafter be forever barred. 31 35 Dated this ... day of ......(month),19..(year) 32 1 .................... 32 2 Clerk of the district court 32 3 .......... 32 4 Attorney for estate 32 5 .......... 32 6 Address 32 7 Date of second publication 32 8 ... day of ......(month),19..(year) 32 9 (Date to be inserted by publisher) 32 10 EXPLANATION 32 11 This bill makes nonsubstantive corrections to the Code of 32 12 Iowa. 32 13 Code section 6B.59. Replaces the word "Iowa" with the word 32 14 "state" so that the section reflects the official name of the 32 15 state department of transportation. 32 16 Code section 7E.5(1)(v). Corrects a reference to the Code 32 17 in which the department for the blind is established. The 32 18 commission for the blind is established in Code section 32 19 216B.2. The department is established in Code chapter 216B. 32 20 Code section 12.31. Strikes the words "This division" and 32 21 substitutes the sections in Code chapter 12 which corresponds 32 22 with the linked investment program. There are no divisions in 32 23 Code chapter 12. 32 24 Code section 12.32, unnumbered paragraph 1 and subsection 32 25 4. Strike the word "division" and substitute the sections 32 26 contained in Code chapter 12, which corresponds with the 32 27 linked investment program. There are no divisions in Code 32 28 chapter 12. Correct a reference to the traditional livestock 32 29 producer's linked investment "loan" program established under 32 30 Code section 12.43A. 32 31 Code section 15E.208(4)(b). Corrects a reference to the 32 32 department of workforce development. The name of that 32 33 department was changed in 1996 Iowa Acts, ch. 1186. 32 34 Code section 19A.8. Corrects a reference to the state 32 35 employee "health" flexible spending accounts to conform to the 33 1 terminology created in Code section 19A.35. 33 2 Code section 35A.1(4). Corrects reference to Code section 33 3 35A.8, which provides for the appointment of the executive 33 4 director of the commission of veterans affairs. 33 5 Code section 50.16. Strikes letter references which 33 6 precede blank lines in the form for the tally list of the 33 7 election board and adds directions as to what information is 33 8 to be placed in the blanks. 33 9 Code section 50.29. Amends the county certificate of 33 10 election form by striking letter references which precede 33 11 blank lines with directions to insert the candidate's name and 33 12 by striking letter references which precede blanks which 33 13 already have directions as to what information is to be 33 14 entered on the blank lines. 33 15 Code section 50.41. Amends the certificate of election for 33 16 persons declared to have been elected by the state board of 33 17 canvassers by striking letter references which precede blank 33 18 lines with directions to insert the candidate's name. 33 19 Code section 60.11. Amends the subpoena language for 33 20 witnesses in trials contesting the results of an election by 33 21 striking letter references which precede blank lines with 33 22 directions to insert the candidates' names. 33 23 Code sections 80.17(7) and 80.35. Correct references to 33 24 the division of capitol police of the department of public 33 25 safety, the designation currently used by the department of 33 26 public safety. 33 27 Code section 86.17(1). Corrects references to the 33 28 industrial commissioner and the deputy industrial commissioner 33 29 to the workers' compensation commissioner and the deputy 33 30 workers' compensation commissioner. The names of the 33 31 industrial commissioner and deputy industrial commissioner 33 32 were changed by 1998 Iowa Acts, ch. 1061. 33 33 Code section 124.401F(2)(b). Adds the words "of 33 34 agriculture" after the word "secretary". The requirements and 33 35 prohibitions pertaining to anhydrous ammonia contained in Code 34 1 section 124.401F were moved from their 1999 Code placement in 34 2 sections 200.14 and 200.18, by 1999 Iowa Acts, ch. 12. The 34 3 term "secretary" is defined in Code section 189.1 and 34 4 previously applied to the language which was formerly in Code 34 5 sections 200.14 and 200.18. Another reference to "secretary" 34 6 in Code section 124.401F was corrected in 1999 Iowa Acts, ch. 34 7 208, section 48, in the same manner as this reference. 34 8 Code sections 135.11(18) and 135.107(3)(d). Change the 34 9 name of the former university of osteopathic medicine and 34 10 health sciences to its new name, Des Moines university– 34 11 osteopathic medical center. 34 12 Code section 135.22A(1)(a). Conforms the phrase "an injury 34 13 to the brain" to the definition "brain injury" contained in 34 14 Code section 135.22, which is cited in this paragraph. 34 15 Code section 139B.1(1)(a). Corrects the reference to the 34 16 United States department of health and human services centers 34 17 for disease control and prevention. 34 18 Code section 161B.1(2)(f). Changes the name of the Iowa 34 19 department of preventative medicine and environmental health 34 20 of the state university of Iowa to the correct name of 34 21 department of preventive medicine and environmental health. 34 22 Code Section 163A.1(9)(b). Corrects references to the 34 23 animal and plant inspection service of the United States 34 24 department of agriculture to refer to the official name of the 34 25 animal and plant health inspection service of that federal 34 26 department. 34 27 Code section 166.42 (unnumbered paragraph 1). Corrects the 34 28 name of the animal and plant health inspection 34 29 service–veterinary service, United States department of 34 30 agriculture. 34 31 Code section 184A.1A(4). Inserts the word "and" between 34 32 the words "council" and the phrase "to impose an assessment". 34 33 Subsection 1 of this section, which describes the referendum 34 34 for the Iowa turkey marketing council and the assessment, 34 35 provides that both the council establishment and the 35 1 assessment imposition are part of the referendum. 35 2 Code section 229A.5A(1). Strikes the word "their" and 35 3 substitutes the words "the person's" to refer to who is 35 4 responsible for payment of attorney fees for any person 35 5 compelled to appear under this section. 35 6 Code section 229A.7(5). Changes a reference to subsection 35 7 1 of that section to a reference to subsection 2. The 35 8 language pertaining to continuation of sexually violent 35 9 predator trials is found in subsection 2, not subsection 1. 35 10 Code Section 235C.3(2)(b). Corrects a reference to the 35 11 university of osteopathic medicine and health sciences to 35 12 reflect the official name of the Des Moines 35 13 university–osteopathic medical center. 35 14 Code section 237A.23(1). Adds the word "public" before the 35 15 word "health", so that the list of departments reflects the 35 16 proper designation of the department of public health. 35 17 Code section 255.26. Strikes language prohibiting payment 35 18 of warrants from the state university of Iowa for medical 35 19 assistance provided to certain patients unless the uniform 35 20 billing form 82 (UB-82) has been filed with the community 35 21 health management information system. The community health 35 22 management information system, formerly contained in Code 35 23 chapter 144C, was eliminated effective February 28, 1999, by 35 24 1998 Iowa Acts, ch. 1119, section 5. 35 25 Code section 255A.13. Updates uniform billing form number 35 26 references currently in use for submission of claims to the 35 27 UB-92. Strikes references to the community health management 35 28 information system, formerly contained in Code chapter 144C, 35 29 which was eliminated, effective February 28, 1999, by 1998 35 30 Iowa Acts, ch. 1119, section 5. 35 31 Code section 257.46(2). Strikes the term "talented and 35 32 gifted program" and substitutes the term "gifted and talented 35 33 program". Code section 257.42 provides that "gifted and 35 34 talented program" is the proper designation. 35 35 Code section 261.19. Strikes references to the former 36 1 university of osteopathic medicine and health sciences and 36 2 inserts the university's new name, Des Moines university– 36 3 osteopathic medical center. 36 4 Code Section 263.17(2)(a)(1). Corrects a reference to 36 5 reflect the official name of the department of preventive 36 6 medicine and environmental health of the state university of 36 7 Iowa. 36 8 Code section 279.51(2)(b)(1). Amends language which 36 9 relates to at-risk programming for certain young children, by 36 10 adding the word "old" to each of two phrases ending with 36 11 hyphens, so that the phrase reads "three-year-old, four-year- 36 12 old, and five-year-old". 36 13 Code Section 359A.18(5). Corrects a reference to reflect 36 14 the official name of the American society for testing and 36 15 materials. 36 16 Code section 422.45(38A) and (38B). Strike the word 36 17 "administration-certified" and insert the words 36 18 "administration certificated" in provisions relating to sales 36 19 tax exemptions for gross receipts for the sale or rental of 36 20 aircraft used in scheduled and nonscheduled interstate federal 36 21 aviation administration certificated air carrier operations. 36 22 The federal regulations use the latter terminology which is 36 23 also found in subsection 38 of this Code section. 36 24 Code section 422.121. Strikes the word "operations" and 36 25 replaces it with the words "operations' inventory" in language 36 26 relating to the calculation of tax credits for cow-calf 36 27 operations to clarify that inventory numbers are to be used in 36 28 calculating the credit. 36 29 Code sections 422B.1(6)(b) and 422E.2(4)(b) (unnumbered 36 30 paragraph 1). Change the term "abstract of the ballot" to the 36 31 term "abstract of the votes". The name of the document 36 32 prepared by the county auditor to reflect the results of votes 36 33 cast at various elections and on ballot issues is "abstract of 36 34 the votes". 36 35 Code section 423.4(18) and (19). Strike the word 37 1 "certified" and insert the word "certificated" in provisions 37 2 relating to sales tax exemptions for gross receipts for the 37 3 sale or rental of aircraft used in scheduled and nonscheduled 37 4 interstate federal aviation administration certificated air 37 5 carrier operations. The federal regulations use the latter 37 6 terminology which is also found in subsection 17 of this Code 37 7 section. 37 8 Code section 427.1(14) (unnumbered paragraph 2). Deletes 37 9 an incorrect reference to subsection 1 of Code section 135B.1. 37 10 The definition of "hospital" is not in subsection 1 of Code 37 11 section 135B.1, rather it is now located in subsection 3 of 37 12 that section. 37 13 Code section 427B.4 (unnumbered paragraph 1). Adds the 37 14 words "and finance" after the words "director of revenue" to 37 15 reflect the current official title of the head of the 37 16 department of revenue and finance. 37 17 Code section 448.2. Changes the tax deed form used by the 37 18 county treasurer by striking letter references which precede 37 19 blank lines and by deleting extra blank lines so that a single 37 20 blank line will remain in each location where the changes are 37 21 made. 37 22 Code section 453C.1(9)(a). Deletes the word "the" from 37 23 language referring to provisions of subsection II(mm) of the 37 24 master tobacco settlement agreement. The word is not needed 37 25 within that phrase. 37 26 Code section 455B.173(8). Changes the name of the American 37 27 society of testing and material to the correct name of 37 28 American society for testing and materials. 37 29 Code section 455B.474(1). Changes a reference to the 37 30 American society for testing of materials to the correct name 37 31 of American society for testing and materials. 37 32 Code section 514.7. Corrects a reference to the 37 33 commissioner of insurance in language relating to approval of 37 34 contracts by nonprofit health care service corporations. An 37 35 insurance commission does not exist. 38 1 Code section 514E.1(12). Deletes an incorrect reference to 38 2 subsection 1 of Code section 135B.1. The definition of 38 3 "hospital" is not in subsection 1 of Code section 135B.1, 38 4 rather it is now located in subsection 3 of that section. A 38 5 reference to subsection 6 of Code section 135C.1 is deleted to 38 6 conform the citation form to the citation form created by the 38 7 strike of the subsection 1 reference. 38 8 Code section 522A.3(5)(d). Deletes the word "based" from 38 9 language relating to the terms under which a fee, 38 10 compensation, or commission may be paid to an employee of a 38 11 rental company which sells insurance under a limited license 38 12 agreement under Code chapter 522A. The word was inadvertently 38 13 added during the drafting process and is obviated by the use 38 14 of the word "dependent" in that same paragraph. 38 15 Code section 554.12105(2). Adds the word "Section" before 38 16 each reference to a Code section in the definitions provision 38 17 of this article of the uniform commercial code. This conforms 38 18 the form of this definitions section to other definitions 38 19 sections which may be found in articles 2, 3, and 5 of the 38 20 uniform commercial code. 38 21 Code sections 598B.208(3) and 598B.312(1). Adds the word 38 22 "expenses" after the words "child care" to conform the phrase 38 23 to the rest of the items listed as items which may be assessed 38 24 against a party seeking to invoke the child-custody 38 25 jurisdiction of the court when the court dismisses a petition 38 26 or stays the proceeding because it declines to exercise 38 27 jurisdiction. 38 28 Code section 637.202(2)(b). Strikes the word "be" from the 38 29 phrase "required to be pay pecuniary amounts" so that the 38 30 phrase reads "required to pay pecuniary amounts" in language 38 31 relating to determination of a beneficiary's share of net 38 32 income from a decedent's estate or a terminating income trust. 38 33 Code section 663.8. Changes the petition for writ of 38 34 habeas corpus form by striking letter references which precede 38 35 blank lines and by deleting extra blank lines so that a single 39 1 blank line will remain in each location where the changes are 39 2 made. 39 3 Code section 692A.13(c)(1) and (2). Deletes the word "a" 39 4 from language relating to the assessment of risk of persons 39 5 who are required to register as sex offenders, so that the 39 6 phrase in each paragraph reads "Persons who... and who have 39 7 been assessed to be "moderate-risk" or "high-risk"". 39 8 1999 Iowa Acts, ch. 112. Corrects the amending phrase in 39 9 section 9 of this Act to reflect the addition of a new 39 10 paragraph to subsection 1, instead of a new subsection. As 39 11 drafted, the new language was given a letter designation which 39 12 is consistent with placement in subsection 1 after paragraph 39 13 "e", and the content of the new language is in keeping with 39 14 the type of content in the language of the other lettered 39 15 paragraphs in subsection 1. 39 16 CENTURY DATE CHANGE 39 17 Code sections 6B.9, 28A.6, 43.26, 46.9, 52.9, 52.21, 52.38, 39 18 85.24, 96.14, 384.50, 441.26, 448.15, 458A.22, 461B.5, 39 19 468.371, 468.511, 468.553, 515.138, 558.25, 558.26, 558.39, 39 20 558.57, 558.58, 558.66, 602.6504, 614.14, 617.3, 633.230, 39 21 633.279, 633.295, 633.304, 633.305, and 656.2. Amends these 39 22 Code sections by eliminating century specific date references 39 23 and updating those references to provide for the insertion of 39 24 date information without that century limitation. 39 25 LSB 5512HC 78 39 26 lh/cf/24 39 27
Text: HSB00554 Text: HSB00556 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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