Text: S05672 Text: S05674 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2452 as follows: 1 2 #1. Page 2, by inserting after line 9 the 1 3 following: 1 4 "Sec. . 2000 Iowa Acts, House File 2555, 1 5 section 3, subsection 2, is amended by adding the 1 6 following new paragraph: 1 7 NEW PARAGRAPH. d. A POS provider that has 1 8 negotiated a reimbursement rate increase with a host 1 9 county as of July 1, 2000, has the option of exemption 1 10 from the provisions of this section. Nothing in this 1 11 section precludes a county from increasing 1 12 reimbursement rates of POS providers that do not meet 1 13 the criteria of this section or from increasing the 1 14 rates by an amount that is greater than that specified 1 15 in this section. 1 16 Sec. . Section 331.424A, subsection 6, 1 17 paragraph c, as enacted by 2000 Iowa Acts, House File 1 18 2327, section 1, is amended to read as follows: 1 19 c. If a capital asset is owned by the county or 1 20 the acquisition cost is charged to the county's 1 21 general fund and the capital asset is used in part for 1 22 a purpose payable from the county's services fund, the 1 23 county's services fund shall annually reimburse the 1 24 county's general fund for the use of the capital 1 25 asset. For capital assets acquired on or after July 1 26 1,20002001, and for subsequent improvements of those 1 27 capital assets, the reimbursement amount shall be in 1 28 accordance with comparable federally approved 1 29 depreciation schedules. For capital assets for which 1 30 appropriations were included in the county budget 1 31 prior to July 1,20002001, and for subsequent 1 32 improvements of those capital assets, the 1 33 reimbursement amount shall be the current fair market 1 34 rate for use of the capital asset, as determined by an 1 35 independent real estate appraiser. 1 36 Sec. . 2000 Iowa Acts, House File 2327, section 1 37 5, subsection 2, is amended to read as follows: 1 38 2. If, as ofthe effective date of this ActApril 1 39 13, 2000, a county's base year expenditures includes 1 40 expenditures for acquisition of a capital asset that 1 41 effective July 1, 2001, are to be charged to the 1 42 county's general fund in accordance with section 1 43 331.424A, subsection 6, as enacted by this Act, the 1 44 county shall petition the county finance committee by 1 45April 30December 1, 2000, to approve an adjustment in 1 46 the county's base year expenditures in an amount equal 1 47 to those capital asset expenditures. The amount of 1 48 the county's base year expenditures shall be adjusted 1 49 in accordance with the county finance committee's 1 50 action. 2 1 Sec. . 2000 Iowa Acts, House File 2327, section 2 2 5, subsection 3, is amended by striking the 2 3 subsection. 2 4 Sec. . 2000 Iowa Acts, House File 2327, section 2 5 5, subsection 4, is amended to read as follows: 2 6 4. If beforethe effective date of this section2 7 April 13, 2000, the ownership or acquisition costs of 2 8 a county's capital asset used in part for a purpose 2 9 payable from the county's services fund were accrued 2 10 to the county's services fund, beginningwith the2 11effective date of this ActJuly 1, 2001, any 2 12 appropriations or revenues attributable to that 2 13 capital asset shall instead be accrued to the county's 2 14 general fund. Except as expressly authorized by this 2 15 Act, the county shall not make any adjustment to the 2 16 county's services fund or general fund to remunerate 2 17 the services fund for such appropriations or revenues 2 18 that were accrued to the services fund before the 2 19 transfer of accrual to the general fund. 2 20 Sec. . 2000 Iowa Acts, House File 2327, section 2 21 6, is amended to read as follows: 2 22 SEC. 6. EFFECTIVE AND APPLICABILITY DATES. This 2 23 Act, being deemed of immediate importance, takes 2 24 effect upon enactment. The amendments to section 2 25 331.424A, 331.427, and 331.438, and the transition 2 26 section in this Act are first applicable to county 2 27 budgets and levies in effect for the fiscal year 2 28 beginning July 1,20002001, and ending June 30,20012 29 2002. 2 30 Sec. . EFFECTIVE DATE – RETROACTIVE 2 31 APPLICABILITY. The sections in this division of this 2 32 Act amending 2000 Iowa Acts, House File 2327, being 2 33 deemed of immediate importance, take effect upon 2 34 enactment and are retroactively applicable to April 2 35 13, 2000." 2 36 #2. Page 2, by striking lines 18 through 24, and 2 37 inserting the following: 2 38 "Sec. . Section 12.65, Code 1999, is amended by 2 39 striking the section and inserting in lieu thereof the 2 40 following: 2 41 12.65 TOBACCO SETTLEMENT ENDOWMENT FUND. 2 42 1. A tobacco settlement endowment fund is created 2 43 in the office of the treasurer of state. After 2 44 payment of litigation costs, all moneys paid to the 2 45 state pursuant to the master settlement agreement, as 2 46 defined in section 453C.1, shall be deposited in the 2 47 fund. 2 48 2. Any moneys paid to the state by the tobacco 2 49 settlement authority pursuant to chapter 12E shall be 2 50 deposited in the fund. Additionally, the state's 3 1 share of the moneys which are not sold to the tobacco 3 2 settlement authority pursuant to chapter 12E shall be 3 3 deposited in the fund. 3 4 3. Moneys deposited in the fund shall be used only 3 5 in accordance with appropriations from the fund for 3 6 purposes related to health care, substance abuse 3 7 treatment and enforcement, tobacco use prevention and 3 8 control, and other purposes related to the needs of 3 9 children, adults, and families in the state. 3 10 4. A savings account for healthy Iowans is created 3 11 within the tobacco settlement endowment fund. Moneys, 3 12 appropriated annually, shall be deposited in the 3 13 account and shall be invested to provide an ongoing 3 14 source of investment earnings. 3 15 5. Notwithstanding section 8.33, any unexpended 3 16 balance in the fund at the end of the fiscal year 3 17 shall be retained in the fund. Notwithstanding 3 18 section 12C.7, subsection 2, interest or earnings on 3 19 investments or time deposits of the moneys in the 3 20 tobacco settlement endowment fund, in the savings 3 21 account for healthy Iowans, and in any other account 3 22 established within the fund shall be credited to the 3 23 tobacco settlement endowment fund, to the savings 3 24 account for healthy Iowans, or to any other account 3 25 established, respectively. 3 26 6. For the purposes of this section, "litigation 3 27 costs" are those costs itemized by the attorney 3 28 general and submitted to and approved by the attorney 3 29 general. 3 30 7. Moneys in the fund shall be considered part of 3 31 the general fund of the state for cash flow purposes 3 32 only, provided any moneys used for cash flow purposes 3 33 are returned to the fund by the close of each fiscal 3 34 year. 3 35 Sec. . REFERENCES. References to the tobacco 3 36 settlement fund in other enactments of the 2000 3 37 session of the Seventy-eighth Iowa general assembly, 3 38 are references to the tobacco settlement endowment 3 39 fund. 3 40 Sec. . CONDITIONAL EFFECTIVENESS. Section 3 41 12.65, subsection 2, as enacted in this division of 3 42 this Act, takes effect only if 2000 Iowa Acts, House 3 43 File 2579 is enacted." 3 44 #3. Page 2, by inserting after line 35 the 3 45 following: 3 46 "DIVISION 3 47 MICROSOFT FUND 3 48 Sec. . NEW SECTION. 12.67 MICROSOFT 3 49 SETTLEMENT FUND. 3 50 A Microsoft settlement fund is created in the 4 1 office of the treasurer of state. The state portion 4 2 of any moneys paid to the state by Microsoft in 4 3 settlement of its federal antitrust trial or the 4 4 state's antitrust lawsuit shall be deposited in the 4 5 Microsoft settlement fund. Moneys deposited in the 4 6 fund shall be used only as provided in appropriations 4 7 made by the general assembly. 4 8 Notwithstanding section 12C.7, subsection 2, 4 9 interest or earnings on moneys in the Microsoft 4 10 settlement fund shall be credited to the Microsoft 4 11 settlement fund." 4 12 #4. Page 3, by inserting after line 13, the 4 13 following: 4 14 "DIVISION 4 15 MISCELLANEOUS 4 16 Sec. . NEW SECTION. 12C.26 REFUND FROM 4 17 SINKING FUNDS. 4 18 Upon recovery of a loss of public funds due to a 4 19 failed Iowa financial institution, the treasurer of 4 20 state may refund all or a portion of the recovered 4 21 amount to the Iowa financial institutions that paid an 4 22 assessment under this chapter as a result of that 4 23 failure. 4 24 Sec. . Section 100B.1, subsection 1, as enacted 4 25 by 2000 Iowa Acts, House File 2492, section 8, is 4 26 amended to read as follows: 4 27 1. The state fire service and emergency response 4 28 council is established in the division of fire 4 29 protection of the department of public safety. The 4 30 council shall consist ofteneleven voting members. 4 31 Members of the state fire service and emergency 4 32 response council shall be appointed by the governor. 4 33 The governor shall appoint membersfrom the following4 34organizations, chosenof the council from a list of 4 35namesnominees submitted by each of the following 4 36 organizations: 4 37 a. Two members from a list submitted by the Iowa 4 38 firemen's association. 4 39 b. Two members from a list submitted by the Iowa 4 40 fire chiefs' association. 4 41 c. One member from a list submitted by the Iowa 4 42 association of professional fire fighters. 4 43 d. Two members from a list submitted by the Iowa 4 44 association of professional fire chiefs. 4 45 e. One member from a list submitted by the Iowa 4 46 fire fighters group. 4 47 f. One member from a list submitted by the Iowa 4 48 emergency medical services association. 4 49 A person nominated for membership on the council is 4 50 not required to be a member of the organization that 5 1 nominates the person. 5 2 The tenthmemberand eleventh members of the 5 3 council shall bea membermembers of the general 5 4 public appointed by the governor. 5 5 The labor commissioner, or the labor commissioner's 5 6 designee, shall be a nonvoting ex officio member of 5 7 the council. Members of the council shall hold office 5 8 commencing July 1, 2000, for four years and until 5 9 their successors are appointed, except that three 5 10 initial appointees shall be appointed for two years, 5 11threefour initial appointees for three years, and 5 12 four initial appointees for four years. 5 13 The fire marshal or the fire marshal's designee 5 14 shall attend each meeting of the council. 5 15 Sec. . Section 166D.7, subsection 4, paragraph 5 16 a, Code 1999, as amended by 2000 Acts, Senate File 5 17 2312, section 10, is amended to read as follows: 5 18 a. The herd shall be certified when one hundred 5 19 percent of breeding swine have reacted negatively to a 5 20 test. The herd must have been free from infection for 5 21 thirty days prior to testing. At least ninety percent 5 22 of swine in the herd must have been on the premises as 5 23 a part of the herd for at least sixty days prior to 5 24 testing, or swine in the herd must have been directly 5 25 moved or relocated from a qualified negative herd or 5 26 qualified differentiable negative herd. A 5 27 differentiable vaccine must be administered at 5 28 intervals in accordance with the package insert for 5 29 that vaccine. To remain certified, the herd must be 5 30 retested and recertified as provided by the 5 31 department. The herd shall be recertified when each 5 32thirty daysmonth at leasttwenty-fiveten percent of 5 33 the herd's breeding swine react negatively to a test. 5 34 Sec. . Section 256E.2, subsection 2, Code 5 35 Supplement 1999, is amended to read as follows: 5 36 2. The department shall adopt rules concerning the 5 37 grant application and award process, including 5 38 reasonable cost estimates for beginning teacher 5 39 induction programs. The department may disapprove a 5 40 plan submitted by a board if the plan does not meet 5 41 the minimum criteria set forth in section 256E.3, 5 42 subsection 2, or the plan exceeds the reasonable costs 5 43 as determined by the department. If the cost 5 44 estimates submitted by a board exceed reasonable cost 5 45 estimates as determined by the department, the 5 46 department shall work with the board to identify 5 47 measures for reducing plan costs. If the department 5 48 determines that moneys appropriated by the general 5 49 assembly are insufficient to meet the grant requests 5 50 for all approved beginning teacher induction program 6 1 plans, the department shall award grants based on the 6 2geographic location anddistrict population of the 6 3 school districts with approved plans. Grants may be 6 4 awarded in subsequent years based upon the most recent 6 5 plan on file with the department. It is the intent of 6 6 the general assembly that the department approve plans 6 7 that incorporate local innovation and take into 6 8 consideration local needs. 6 9 Sec. . Section 322A.11, Code 1999, is amended 6 10 by adding the following new subsection: 6 11 NEW SUBSECTION. 5. The fact that the dealership 6 12 does not meet an index or standard established by the 6 13 franchiser, unless the franchiser proves that the 6 14 failure of the dealership to meet the index or 6 15 standard will be substantially detrimental to the 6 16 distribution of the franchiser's motor vehicles in the 6 17 community. 6 18 Sec. . Section 421.38, subsection 1, paragraph 6 19 a, Code 1999, is amended to read as follows: 6 20 a.TIME ANDFUNDING LIMIT. A claim shall not be 6 21 allowed by the department of revenue and finance if 6 22either of the following has occurred:6 23(1) The claim is presented after the lapse of6 24three months from its accrual.6 25(2) Thethe appropriation or fund of certification 6 26 available for paying the claim has been exhausted or 6 27 proves insufficient. 6 28 Sec. . Section 421.38, subsection 1, paragraph 6 29 b, unnumbered paragraph 1, Code 1999, is amended to 6 30 read as follows: 6 31 Thetime limitation set forth in paragraph "a",6 32subparagraph (1),authority of the director is subject 6 33 to the following exceptions: 6 34 Sec. . 554D.104, subsection 4, as enacted by 6 35 2000 Iowa Acts, House File 2205, is amended to read as 6 36 follows: 6 37 4. A choice of law provision, which is contained6 38 in a computer information agreementthat governs a6 39transaction subject to this chapter, thatwhich 6 40 provides that the contract is to be interpreted 6 41 pursuant to the laws of a state that has enacted the 6 42 uniform computer information transactions Act, as 6 43 proposed by the national conference of commissioners 6 44 on uniform state laws, or any substantially similar 6 45 law, is voidable and the agreement shall be 6 46 interpreted pursuant to the laws of this state if the 6 47 party against whom enforcement of the choice of law 6 48 provision is sought is a resident of this state or has 6 49 its principal place of business located in this state. 6 50 For purposes of this subsection, a "computer 7 1 information agreement" means an agreement that would 7 2 be governed by the uniform computer information 7 3 transactions Act or substantially similar law as 7 4 enacted in the state specified in the choice of laws 7 5 provision if that state's law were applied to the 7 6 agreement. 7 7 Sec. . 2000 Iowa Acts, House File 2533, section 7 8 28, subsections 2 and 29, are amended to read as 7 9 follows: 7 10 2. For school lunch program, grant number 10555: 7 11 .................................................. $50,293,6587 12 50,075,000 7 13 29. For education of handicapped – infants and 7 14 toddlers, grant number 84181: 7 15 .................................................. $2,869,7837 16 2,863,283 7 17 Sec. . 2000 Iowa Acts, House File 2533, section 7 18 38, is amended to read as follows: 7 19 SEC. 38. JUDICIAL BRANCH. Federal grants, 7 20 receipts, and funds and other nonstate grants, 7 21 receipts, and funds, available in whole or in part for 7 22 the fiscal year beginning July 1, 2000, and ending 7 23 June 30, 2001, are appropriated to the judicial branch 7 24 for the purposes set forth in the grants, receipts, or 7 25 conditions accompanying the receipt of the funds, 7 26 unless otherwise provided by law. The following 7 27amount isamounts are appropriated to the judicial 7 28 branch for the fiscal year beginning July 1, 2000, and 7 29 ending June 30, 2001: 7 30 1. For United States department of health and 7 31 human services, grant number 13000: 7 32 .................................................. $ 150,000 7 33 2. For United States department of justice, grant 7 34 number, 16000: 7 35 .................................................. $ 177,028 7 36 Sec. . 2000 Iowa Acts, House File 2533, section 7 37 39, subsection 1, is amended to read as follows: 7 38 1. For United States department of justice, grant 7 39 number 16000: 7 40 .................................................. $28,9887 41 5,450,000 7 42 Sec. . 2000 Iowa Acts, House File 2533, section 7 43 47, is amended by adding the following new 7 44 subsections: 7 45 NEW SUBSECTION. 34. For United States department 7 46 of justice, grant number 16000: 7 47 .................................................. $ 28,988 7 48 NEW SUBSECTION. 35. For state and community 7 49 highway safety, grant number 20600: 7 50 .................................................. $ 90,000 8 1 NEW SUBSECTION. 36. For education of handicapped 8 2 – infants and toddlers, grant number 84181: 8 3 .................................................. $ 6,500 8 4 Sec. . 2000 Iowa Acts, House File 2533, section 8 5 48, subsections 2 and 4, are amended to read as 8 6 follows: 8 7 2. For department of justice, grant number 16000: 8 8 .................................................. $6,684,0718 9 1,017,293 8 10 4. For state and community highway safety, grant 8 11 number 20600: 8 12 .................................................. $2,534,8638 13 2,444,863 8 14 Sec. . 2000 Iowa Acts, House File 2533, section 8 15 49, subsection 4, is amended to read as follows: 8 16 4. For school lunch program, grant number 10555: 8 17 .................................................. $10,0108 18 228,668 8 19 Sec. . 2000 Iowa Acts, House File 475, section 8 20 5, is repealed. 8 21 Sec. . EFFECTIVE DATE. The section in this 8 22 division of this Act amending section 166D.7, being 8 23 deemed of immediate importance, takes effect upon 8 24 enactment. 8 25 Sec. . EFFECTIVE DATE – RETROACTIVE 8 26 APPLICABILITY. The section in this division of this 8 27 Act enacting section 12C.26, being deemed of immediate 8 28 importance, takes effect upon enactment and applies 8 29 retroactively to refunds of assessments collected 8 30 under chapter 12C on or after January 1, 2000." 8 31 #5. Page 3, by inserting after line 33 the 8 32 following: 8 33 "Sec. . Section 12.73, subsection 1, as enacted 8 34 by 2000 Iowa Acts, Senate File 2447, section 17, is 8 35 amended to read as follows: 8 36 1. It is the intention of the general assembly 8 37 that a pledge made in respect of bonds or notes shall 8 38 be valid and binding from the time the pledge is made, 8 39 that the money or property so pledged and received 8 40 after the pledge by theauthoritytreasurer of state 8 41 shall immediately be subject to the lien of the pledge 8 42 without physical delivery or further act, and that the 8 43 lien of the pledge shall be valid and binding as 8 44 against all parties having claims of any kind in tort, 8 45 contract, or otherwise against the treasurer of state 8 46 whether or not the parties have notice of the lien. 8 47 Sec. . Section 12.83, as enacted by 2000 Iowa 8 48 Acts, Senate File 2447, section 23, is amended to read 8 49 as follows: 8 50 12.83 PLEDGES. 9 1 1. It is the intention of the general assembly 9 2 that a pledge made in respect of bonds or notes shall 9 3 be valid and binding from the time the pledge is made, 9 4 that the money or property so pledged and received 9 5 after the pledge by theauthoritytreasurer of state 9 6 shall immediately be subject to the lien of the pledge 9 7 without physical delivery or further act, and that the 9 8 lien of the pledge shall be valid and binding as 9 9 against all parties having claims of any kind in tort, 9 10 contract, or otherwise against the treasurer of state 9 11 whether or not the parties have notice of the lien. 9 12 2. The state pledges to and agrees with the 9 13 holders of bonds or notes issued under section 12.81, 9 14 that the state will not limit or alter the rights and 9 15 powers vested in the treasurer of state to fulfill the 9 16 terms of a contract made by the treasurer of state 9 17 with respect to the bonds or notes, or in any way 9 18 impair the rights and remedies of the holders until 9 19 the bonds and notes, together with the interest on 9 20 them including interest on unpaid installments of 9 21 interest, and all costs and expenses in connection 9 22 with an action or proceeding by or on behalf of the 9 23 holders, are fully met and discharged. The treasurer 9 24 of state is authorized to include this pledge and 9 25 agreement of the state, as it refers to holders of 9 26 bonds or notes of theauthoritytreasurer of state, in 9 27 a contract with the holders. 9 28 Sec. . Section 15F.304, subsection 3, paragraph 9 29 h, subparagraph (4), as enacted by 2000 Iowa Acts, 9 30 Senate File 2447, section 14, is amended to read as 9 31 follows: 9 32 (4) Conservation of open space and farmland and 9 33preservepreservation of critical environmental 9 34 areas." 9 35 #6. Page 9, by inserting after line 5, the 9 36 following: 9 37 "Sec. . Section 232.8, subsection 1, paragraph 9 38 c, Code 1999, as amended by 2000 Iowa Acts, House File 9 39 723, section 1, is amended to read as follows: 9 40 c. Violations by a child, age sixteen or older, 9 41 which subject the child to the provisions of section 9 42 124.401, subsection 1, paragraph "e" or "f", or 9 43 violations of section 723A.2 which involve a violation 9 44 of chapter 724, or violation of chapter 724 which 9 45 constitutes a felony, or violations which constitute a 9 46 forcible felony are excluded from the jurisdiction of 9 47 the juvenile court and shall be prosecuted as 9 48 otherwise provided by law unless the court transfers 9 49 jurisdiction of the child to the juvenile court upon 9 50 motion and for good cause. A child over whom 10 1 jurisdiction has not been transferred to the juvenile 10 2 court, and who is convicted of a violation excluded 10 3 from the jurisdiction of the juvenile court under this 10 4 paragraph, shall be sentenced pursuant to section 10 5 124.401B, 902.9, or 903.1. Notwithstanding any other 10 6 provision of the Code to the contrary, the court may 10 7 accept from a child a plea of guilty, or may instruct 10 8 the jury on a lesser included offense to the offense 10 9 excluded from the jurisdiction of the juvenile court 10 10 under this section, in the same manner as regarding an 10 11 adult. However, the juvenile court shall have 10 12 exclusive original jurisdiction in a proceeding 10 13 concerning an offense oflivestock torture as provided10 14in section 717.3 oranimal torture as provided in 10 15 section 717B.3A alleged to have been committed by a 10 16 child under the age of seventeen. 10 17 Sec. . Section 232.8 subsection 3, unnumbered 10 18 paragraph 2, as enacted by 2000 Iowa Acts, House File 10 19 723, section 2, is amended to read as follows: 10 20 This subsection does not apply in a proceeding 10 21 concerning an offense oflivestock torture as provided10 22in section 717.3 oranimal torture as provided in 10 23 section 717B.3A alleged to have been committed by a 10 24 child under the age of seventeen." 10 25 #7. Page 11, by inserting after line 22 the 10 26 following: 10 27 "Sec. . Section 322.3, subsection 14, paragraph 10 28 b, unnumbered paragraph 1, as enacted by 2000 Iowa 10 29 Acts, House File 2106, section 1, is amended to read 10 30 as follows: 10 31 A manufacturer or importer from temporarily owning 10 32 an interest in a motor vehicle dealership for the 10 33 purpose of enhancing opportunities for persons who 10 34 lack the financial resources to purchase the motor 10 35 vehicle dealership without such assistance. A 10 36 manufacturer or importer may temporarily own an 10 37 interest in a motor vehicle dealership pursuant to 10 38 this paragraph only if the manufacturer or importer 10 39 enters into a contract with a person pursuant towhom10 40 which all of the following apply: 10 41 Sec. . Section 331.506, subsection 1, 10 42 paragraphs b, c, and d, as enacted by 2000 Iowa Acts, 10 43 Senate File 2047, section 1, if 2000 Iowa Acts, House 10 44 File 2205 is enacted, are amended to read as follows: 10 45 b. The auditor shall not issue a warrant to a 10 46 drawee until the auditor has transmitted to the 10 47 treasurer a list of the warrants to be issued. The 10 48 list shall include the date, amount, and number of the 10 49 warrant, name of the person to whom the warrant is 10 50 issued, and the purpose for which the warrant is 11 1 issued. The treasurer shall acknowledge receipt of 11 2 the list by affixing the treasurer's signature at the 11 3 bottom of the list and immediately returning the list 11 4 to the auditor. The requirement that the treasurer 11 5 sign to acknowledge receipt of the list is satisfied 11 6 by use of a digital signature or other secure 11 7 electronic signature if the county auditor and 11 8 treasurer have complied with the applicable provisions 11 9 of chapter554C554D. 11 10 c. The warrant list signed by the treasurer shall 11 11 be preserved by the auditor for at least two years. 11 12 The requirement that the list be preserved is 11 13 satisfied by preservation of the list in electronic 11 14 form if the requirements of section554C.205554D.113 11 15 are met. 11 16 d. The requirement that the county auditor sign a 11 17 warrant is satisfied by use of a digital signature or 11 18 other secure electronic signature if the county 11 19 auditor has complied with the applicable provisions of 11 20 chapter554C554D. 11 21 Sec. . Section 331.554, subsection 4, Code 11 22 1999, as amended by 2000 Iowa Acts, Senate File 2047, 11 23 section 3, if 2000 Iowa Acts, House File 2205 is 11 24 enacted, is amended to read as follows: 11 25 4. The treasurer shall return the paid warrants to 11 26 the auditor. The original warrant shall be preserved 11 27 for at least two years. The requirement that the 11 28 original warrant be preserved is satisfied by 11 29 preservation of the warrant in electronic form if the 11 30 requirements of section554C.205554D.113 are met. 11 31 The treasurer shall make monthly reports to show for 11 32 each warrant the number, date, drawee's name, when 11 33 paid, to whom paid, original amount, and interest." 11 34 #8. Page 12, by inserting after line 2 the 11 35 following: 11 36 "Sec. . Section 453A.3, subsection 1, Code 11 37 1999, is amended to read as follows: 11 38 1. A person who violates section 453A.2, 11 39 subsection 1,or section 453A.39is guilty of a simple 11 40 misdemeanor. 11 41 Sec. . Section 453A.22, subsection 2, 11 42 unnumbered paragraph 1, Code 1999, is amended to read 11 43 as follows: 11 44 If a retailer or employee of a retailer has 11 45 violated section 453A.2,or section 453A.36, 11 46 subsection 6,or 453A.39,the department or local 11 47 authority, in addition to the other penalties fixed 11 48 for such violations in this section, shall assess a 11 49 penalty upon the same hearing and notice as prescribed 11 50 in subsection 1 as follows:" 12 1 #9. Page 13, line 13, by striking the word and 12 2 letter "paragraph a" and inserting the following: 12 3 "paragraphs a, b, and c". 12 4 #10. Page 13, line 14, by striking the word "is" 12 5 and inserting the following: "are". 12 6 #11. Page 13, by striking lines 16 through 21 and 12 7 inserting the following: 12 8 "a. To intentionally place oneself in a location 12 9 where a human presence may affect the behavior of a 12 10 fur-bearinggameanimal, game, bird, or fish or the 12 11 feasibility of killing or taking a fur-bearinggame12 12 animal, game, bird, or fish with the intent of 12 13 obstructing or harassing another person who is 12 14 lawfully hunting, fishing, or fur harvesting. 12 15 b. To intentionally create a visual, aural, 12 16 olfactory, or physical stimulus for the purpose of 12 17 affecting the behavior of a fur-bearinggameanimal, 12 18 game, bird, or fish with the intent of obstructing or 12 19 harassing another person who is lawfully hunting, 12 20 fishing, or fur harvesting. 12 21 c. To intentionally affect the condition or alter 12 22 the placement of personal property used for the 12 23 purpose of killing or taking a fur-bearinggame12 24 animal, game, bird, or fish with the intent of 12 25 obstructing or harassing another person who is 12 26 lawfully hunting, fishing, or fur harvesting." 12 27 #12. Page 16, by inserting after line 5 the 12 28 following: 12 29 "Sec. . 2000 Iowa Acts, House File 2433, 12 30 section 4, subsections 1 and 2, are amended to read as 12 31 follows: 12 32 1. A comparison of the data elements collected by 12 33 the basic educational dataelementssurvey for K-12 12 34 schools to the data elements being collected by the 12 35 management information system for community colleges 12 36 to the chairpersons and ranking members of the joint 12 37 appropriations subcommittee on education 12 38appropriationsby January 15, 2001. 12 39 2. A report on the progress toward implementation 12 40 of the management information system to the 12 41 legislative fiscal bureau and department of management 12 42 byJune 30July 1, 2000." 12 43 #13. Page 16, by inserting after line 11 the 12 44 following: 12 45 "Sec. . 2000 Iowa Acts, Senate File 2248, 12 46 section 20, is amended to read as follows: 12 47 SEC. 20. TRANSFER OF OSTEOPATHICFORGIVABLELOAN 12 48 REVOLVING FUND MONEYS BY TREASURER. On the effective 12 49 date of this Act, the treasurer of state shall 12 50 transfer any balance in the osteopathicforgivable13 1 loanprogramrevolving fund to the osteopathic 13 2 physician recruitment revolving fund established 13 3 pursuant to section 13 of this Act." 13 4 #14. Page 17, by inserting after line 7 the 13 5 following: 13 6 "Sec. . EFFECTIVE AND RETROACTIVE APPLICABILITY 13 7 PROVISIONS. 13 8 1. The amendments in this division of this Act to 13 9 sections 453A.3 and 453A.22, being deemed of immediate 13 10 importance, take effect upon enactment. 13 11 2. The amendment in this division of this Act to 13 12 2000 Iowa Acts, Senate File 2193, section 23, being 13 13 deemed of immediate importance, takes effect upon 13 14 enactment, and applies retroactively to October 1, 13 15 1999. 13 16 3. The amendment in this division of this Act to 13 17 2000 Iowa Acts, Senate File 2254, section 4, being 13 18 deemed of immediate importance, takes effect upon 13 19 enactment, and applies retroactively to January 1, 13 20 2000." 13 21 #15. Page 17, by inserting before line 8 the 13 22 following: 13 23 "DIVISION 13 24 DEPARTMENT OF REVENUE AND FINANCE 13 25 TAX ADMINISTRATION 13 26 Sec. . NEW SECTION. 421.46 TAX AGREEMENTS 13 27 WITH INDIAN TRIBES. 13 28 1. "Indian country" means the Indian country as 13 29 defined in 18 U.S.C. } 1151, and includes trust land 13 30 as defined by the United States secretary of the 13 31 interior. 13 32 2. The department and the governing council of an 13 33 Indian tribe may enter into an agreement to provide 13 34 for the collection and distribution or refund by the 13 35 department within Indian country of any tax or fee 13 36 imposed by the state and administered by the 13 37 department. 13 38 An agreement may also provide for the collection 13 39 and distribution by the department of any tribal tax 13 40 or fee imposed by tribal ordinance. The agreement may 13 41 provide for the retention of an administrative fee by 13 42 the department which fee shall be an agreed upon 13 43 percentage of the gross revenue of the tribal tax or 13 44 fee collected. 13 45 3. The provisions of this section shall not be 13 46 construed to establish or relinquish any jurisdiction 13 47 the state or an Indian tribe might have to levy or 13 48 collect from any person any tax or fee within or 13 49 without Indian country. 13 50 Sec. . EFFECTIVE DATE. This division of this 14 1 Act, being deemed of immediate importance, takes 14 2 effect upon enactment. 14 3 DIVISION ___ 14 4 OTHER APPROPRIATIONS 14 5 Sec. ___. DEPARTMENT FOR THE BLIND. There is 14 6 appropriated from the general fund of the state to the 14 7 department for the blind for the fiscal year beginning 14 8 July 1, 2000, and ending June 30, 2001, the following 14 9 amounts, or so much thereof as is necessary, to be 14 10 used for the purposes designated: 14 11 1. For establishment of statewide access to the 14 12 newsline for the blind furnished by the national 14 13 federation of the blind: 14 14 .................................................. $ 15,000 14 15 2. For use in enabling blind individuals to 14 16 independently access newspapers through the operations 14 17 of the Iowa radio reading information service: 14 18 .................................................. $ 15,000 14 19 Sec. . CHILD SUPPORT RECOVERY. There is 14 20 appropriated from the general fund of the state to the 14 21 department of human services for the fiscal year 14 22 beginning July 1, 2000, and ending June 30, 2001, the 14 23 following amount, or so much thereof as is necessary, 14 24 to be used for the purpose designated: 14 25 For child support recovery, to be used in 14 26 accordance with the appropriation made for this 14 27 purpose in 2000 Iowa Acts, Senate File 2435: 14 28 .................................................. $ 200,000 14 29 Sec. . 2000 Iowa Acts, House File 2552, 14 30 section 4, subsection 1, paragraph a, is amended to 14 31 read as follows: 14 32 a. For the operation of the Fort Madison 14 33 correctional facility, including salaries, support, 14 34 maintenance, employment of correctional officers, 14 35 miscellaneous purposes, and for not more than the 14 36 following full-time equivalent positions: 14 37 .................................................. $30,153,72914 38 29,865,654 14 39 ............................................... FTEs533.5014 40 528.58 14 41 Sec. . 2000 Iowa Acts, House File 2552, section 14 42 4, subsection 1, paragraph c, is amended by adding the 14 43 following new unnumbered paragraph: 14 44 NEW UNNUMBERED PARAGRAPH. In addition to the funds 14 45 appropriated in this paragraph, $50,000 is 14 46 appropriated from the general fund of the state to the 14 47 department of corrections for the fiscal year 14 48 beginning July 1, 2000, and ending June 30, 2001, for 14 49 ongoing technology needs at the Oakdale correctional 14 50 facility. 15 1 Sec. . 2000 Iowa Acts, House File 2552, section 15 2 4, subsection 1, paragraph h, is amended by adding the 15 3 following new unnumbered paragraph: 15 4 NEW UNNUMBERED PARAGRAPH. In addition to the funds 15 5 appropriated in this paragraph, $62,572 is 15 6 appropriated from the general fund of the state to the 15 7 department of corrections for the fiscal year 15 8 beginning July 1, 2000, and ending June 30, 2001, for 15 9 ongoing technology needs at the Mitchellville 15 10 correctional facility. 15 11 Sec. . 2000 Iowa Acts, House File 2552, section 15 12 7, subsection 1, paragraph a, is amended by adding the 15 13 following new unnumbered paragraph: 15 14 NEW UNNUMBERED PARAGRAPH. In addition to the funds 15 15 appropriated in this paragraph, $22,571 is 15 16 appropriated from the general fund of the state to the 15 17 department of corrections for the fiscal year 15 18 beginning July 1, 2000, and ending June 30, 2001, for 15 19 ongoing technology needs of the first judicial 15 20 district department of correctional services. 15 21 Sec. . 2000 Iowa Acts, House File 2552, section 15 22 7, subsection 1, paragraph b, is amended by adding the 15 23 following new unnumbered paragraph: 15 24 NEW UNNUMBERED PARAGRAPH. In addition to the funds 15 25 appropriated in this paragraph, $1,680 is appropriated 15 26 from the general fund of the state to the department 15 27 of corrections for the fiscal year beginning July 1, 15 28 2000, and ending June 30, 2001, for ongoing technology 15 29 needs of the second judicial district department of 15 30 correctional services. 15 31 Sec. . 2000 Iowa Acts, House File 2552, section 15 32 7, subsection 1, paragraph e, is amended by adding the 15 33 following new unnumbered paragraph: 15 34 NEW UNNUMBERED PARAGRAPH. In addition to the funds 15 35 appropriated in this paragraph, $70,095 is 15 36 appropriated from the general fund of the state to the 15 37 department of corrections for the fiscal year 15 38 beginning July 1, 2000, and ending June 30, 2001, for 15 39 ongoing technology needs of the fifth judicial 15 40 district department of correctional services. 15 41 Sec. . 2000 Iowa Acts, House File 2552, section 15 42 7, subsection 1, paragraph f, is amended by adding the 15 43 following new unnumbered paragraph: 15 44 NEW UNNUMBERED PARAGRAPH. In addition to the funds 15 45 appropriated in this paragraph, $60,000 is 15 46 appropriated from the general fund of the state to the 15 47 department of corrections for the fiscal year 15 48 beginning July 1, 2000, and ending June 30, 2001, for 15 49 ongoing technology needs of the sixth judicial 15 50 district department of correctional services. 16 1 Sec. . 2000 Iowa Acts, House File 2552, section 16 2 7, subsection 1, paragraph g, is amended by adding the 16 3 following new unnumbered paragraph: 16 4 NEW UNNUMBERED PARAGRAPH. In addition to the funds 16 5 appropriated in this paragraph, $11,740 is 16 6 appropriated from the general fund of the state to the 16 7 department of corrections for the fiscal year 16 8 beginning July 1, 2000, and ending June 30, 2001, for 16 9 ongoing technology needs of the seventh judicial 16 10 district department of correctional services." 16 11 #16. Title page, line 2, by striking the words 16 12 "providing an effective date" and inserting the 16 13 following: "including effective date and retroactive 16 14 applicability provisions". 16 15 #17. By renumbering, relettering, or redesignating 16 16 and correcting internal references as necessary. 16 17 16 18 16 19 16 20 DERRYL McLAREN 16 21 SF 2452.214 78 16 22 jp/gg
Text: S05672 Text: S05674 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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