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PAG LIN 1 1 1 2 SENATE FILE 102 1 3 1 4 AN ACT 1 5 RELATING TO NONSUBSTANTIVE CODE CORRECTIONS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 12D.5, subsection 2, paragraph a, 1 10 unnumbered paragraph 1, Code 1999, is amended to read as 1 11 follows: 1 12 Upon the occurrence of any of the following circumstances, 1 13 no refund penalty shall be levied by the trust in the event of 1 14terminationcancellation of a participation agreement: 1 15 Sec. 2. Section 12D.6, subsection 2, unnumbered paragraph 1 16 2, Code 1999, is amended to read as follows: 1 17 No right to receive investment income shall exist in cases 1 18 of voluntary participantterminationcancellation except as 1 19 provided in section 12D.5. 1 20 Sec. 3. Section 16.161, unnumbered paragraph 1, Code 1999, 1 21 is amended to read as follows: 1 22 The authority shall assist the administrator, appointed 1 23 pursuant to section 34A.2Aor, as provided in chapter 34A, 1 24 subchapter II, and the authority shall have all of the powers 1 25 delegated to it by a joint E911 service board or the 1 26 department of public defense in a chapter 28E agreement with 1 27 respect to the issuance and securing of bonds or notes and the 1 28 carrying out of the purposes of chapter 34A. 1 29 Sec. 4. Section 18.183, subsection 2, Code 1999, is 1 30 amended to read as follows: 1 31 2. The division of information technology services shall 1 32 not have authority to determine whether an individual 1 33 government agency should automate records of which the 1 34 individual government agency is the lawful custodian. 1 35 However, the division may encourage governmental agencies to 2 1 implement electronic access to government recordsas provided2 2in section 18.182. 2 3 Sec. 5. Section 34A.7A, subsection 2, paragraph c, 2 4 subparagraph (2), unnumbered paragraph 2, Code 1999, is 2 5 amended to read as follows: 2 6 A joint E911 service board or the department of public 2 7 safety, to receive funds from the wireless E911 emergency 2 8 communications fund, must submit a written request for such 2 9 funds to the administrator in a form as approved by the 2 10 administrator. A request shall be for funding under an 2 11 approved E911 service plan for equipment which is directly 2 12 related to the reception and disposition of incoming wireless 2 13 E911 calls. The administrator may approve the distribution of 2 14 funds pursuant to such request if the administrator finds that 2 15 the requested funding is for equipment necessary for the 2 16 reception and disposition of such calls and that sufficient 2 17 funds are available for such distribution. 2 18 Sec. 6. Section 68.10, subsection 5, Code 1999, is amended 2 19 to read as follows: 2 20 5. To exercise the powers and privileges conferred upon 2 21 the senate for punishment as for contempts inthechapter 2 22entitled "General Assembly"2. 2 23 Sec. 7. Section 85B.11, Code 1999, is amended to read as 2 24 follows: 2 25 85B.11 PREVIOUS HEARING LOSS EXCLUDED. 2 26 An employer is liable, as provided in this chapter and 2 27 subject to the provisions of chapter 85, for an occupational 2 28 hearing loss to which the employment has contributed, but if 2 29 previous hearing loss, whether occupational or not, is 2 30 established by an audiometric examination or other competent 2 31 evidence, whether or not the employee wasexposedsubjected to 2 32 excessive noise exposure within six months preceding the test, 2 33 the employer is not liable for the previous loss, nor is the 2 34 employer liable for a loss for which compensation has 2 35 previously been paid or awarded. The employer is liable only 3 1 for the difference between the percent of occupational hearing 3 2 loss determined as of the date of the audiometric examination 3 3 used to determine occupational hearing loss and the percentage 3 4 of loss established by the pre-employment audiometric 3 5 examination. An amount paid to an employee for occupational 3 6 hearing loss by any other employer shall be credited against 3 7 compensation payable by an employer for the hearing loss. An 3 8 employee shall not receive in the aggregate greater 3 9 compensation from all employers for occupational hearing loss 3 10 than that provided in this section for total occupational 3 11 hearing loss. A payment shall not be made to an employee 3 12 unless the employee has worked in excessive noise exposure 3 13 employment for a total period of at least ninety days for the 3 14 employer from whom compensation is claimed. 3 15 Sec. 8. Section 88A.1, subsections 2 and 11, Code 1999, 3 16 are amended to read as follows: 3 17 2. "Amusement ride" means any mechanized device,or 3 18 combination of devices which carries passengers along, around, 3 19 or over a fixed or restricted course for the purpose of giving 3 20 its passengers amusement, pleasure, thrills, or excitement. 3 21 "Amusement ride" does not include a device or structure that 3 22 is devoted principally to exhibitions related to agriculture, 3 23 the arts, education, industry, religion, or science. 3 24 11. "Rider" means a person waiting in the immediate 3 25 vicinity of an amusement ride to get on the amusement ride, 3 26 getting on an amusement ride, using an amusement ride, getting 3 27 off an amusement ride, or leaving an amusement ride and still 3 28 in the immediate vicinity of the amusement ride. "Rider" does 3 29 not include an employee, agent, or servant of the amusement 3 30 ride owner while engaged in the duties of their employment. 3 31 Sec. 9. Section 97B.73A, subsection 1, Code 1999, is 3 32 amended to read as follows: 3 33 1. A part-time county attorney may elect in writing to the 3 34 department to make contributions to the system for the county 3 35 attorney's previous service as a county attorney and receive 4 1 credit for membership service in the system for the applicable 4 2 period of service as a part-time county attorney for which 4 3employeecontributions are made. A member making 4 4 contributions pursuant to this section may make the 4 5 contributions either for the entire applicable period of 4 6 service, or for portions of the period of service, and if 4 7 contributions are made for portions of the period of service, 4 8 the contributions shall be in increments of one or more 4 9 calendar quarters. 4 10 Sec. 10. Section 124.502, subsection 1, paragraph c, Code 4 11 1999, is amended to read as follows: 4 12 c. A warrant issued pursuant to this section must be 4 13 executed and returned within ten days after its date unless, 4 14 upon a showing of a need for additional time, the court so 4 15 instructs otherwise in the warrant. If property is seized 4 16 pursuant to a warrant, the person executing the warrant shall 4 17 give to the person from whom the property is seized, or the 4 18 person in charge of the premises from which the property is 4 19 seized, a copy of the warrant and a receipt for the property 4 20 seized or shall leave the copy and receipt at the place from 4 21 which the property is seized. The return of the warrant shall 4 22 be made promptly and shall be accompanied by a written 4 23 inventory of any property seized. The inventory shall be made 4 24 in the presence of the person executing the warrant and of the 4 25 person from whose possession or premises the property was 4 26 seized, if they are present, or in the presence of at least 4 27 one credible person other than the person executing the 4 28 warrant. A copy of the inventory shall be delivered to the 4 29 person from whom or from whose premises the property was 4 30 seized and to the applicant for the warrant. 4 31 Sec. 11. Section 135C.33, subsection 5, paragraph e, 4 32 unnumbered paragraph 2, Code 1999, is amended to read as 4 33 follows: 4 34 In substantial conformance with the provisions of this 4 35 section, prior to the employment of such an employee, the 5 1 provider shall request the performance of the criminal and 5 2 dependent adult abuse record checks and may request the 5 3 performance of the child abuse record checks. The provider 5 4 shall inform the prospective employee and obtain the 5 5 prospective employee's signed acknowledgment. The department 5 6 of human services shall perform the evaluation of any criminal 5 7 record or founded child or dependent adult abuse record and 5 8 shall make the determination of whether a prospective employee 5 9 of a provider shall not be employed by the provider. 5 10 Sec. 12. Section 136B.5, Code 1999, is amended to read as 5 11 follows: 5 12 136B.5 PENALTY FOR VIOLATION. 5 13 A person who violates a provision of thisdivisionchapter 5 14 is guilty of a serious misdemeanor. 5 15 Sec. 13. Section 144.13A, Code 1999, is amended to read as 5 16 follows: 5 17 144.13A FEES – USE OF FUNDS. 5 18 The county registrar or state registrar shall charge the 5 19 parent a ten dollar fee for the registration of a certificate 5 20 of birth and a separate fee established under section 144.46 5 21 for a certified copy of the certificate except as otherwise 5 22 provided in section 331.605, subsection65. The certified 5 23 copy shall be mailed to the parent by the state registrar. If 5 24 the person responsible for the filing of the certificate of 5 25 birth under section 144.13 is not the parent, the person is 5 26 entitled to collect the fee from the parent. The fee shall be 5 27 remitted to the appropriate registrar. If the expenses of the 5 28 birth are reimbursed under the medical assistance program 5 29 established by chapter 249A, or paid for under the statewide 5 30 indigent patient care program established by chapter 255, or 5 31 paid for under the obstetrical and newborn indigent patient 5 32 care program established by chapter 255A, or if the parent is 5 33 indigent and unable to pay the expenses of the birth and no 5 34 other means of payment is available to the parent, the 5 35 registration fee and certified copy fee are waived. If the 6 1 person responsible for the filing of the certificate is not 6 2 the parent, the person is discharged from the duty to collect 6 3 and remit the fee under this section if the person has made a 6 4 good faith effort to collect the fee from the parent. The 6 5 fees collected by the county registrar and state registrar 6 6 shall be remitted to the treasurer of state for deposit in the 6 7 general fund of the state. It is the intent of the general 6 8 assembly that the funds generated from the registration fees 6 9 be appropriated and used for primary and secondary child abuse 6 10 prevention programs. It is the intent of the general assembly 6 11 that the funds generated from the fees as established under 6 12 section 144.46 for the mailing of the certified copy of the 6 13 birth certificate be appropriated and used to support the 6 14 distribution of the automatic birth certificate and the 6 15 implementation of the electronic birth certificate system. 6 16 Sec. 14. Section 147.14, subsection 1, Code 1999, is 6 17 amended to read as follows: 6 18 1. For barbering, three memberseach,licensed to practice 6 19the profession for which the board conducts examinations6 20 barbering, and two members who are not licensed to practice 6 21the profession for which the board conducts examinations6 22 barbering and who shall represent the general public. A 6 23 quorum shall consist of a majority of the members of the 6 24 board. 6 25 Sec. 15. Section 159.5, subsection 9, Code 1999, is 6 26 amended to read as follows: 6 27 9. Inspect and supervise allcold storage plants andfood 6 28 producing or distributing establishments including the 6 29 furniture, fixtures, utensils, machinery, and other equipment 6 30 so as to prevent the production, preparation, packing, 6 31 storage, or transportation of food in a manner detrimental to 6 32 its character or quality. 6 33 Sec. 16. Section 161A.80, subsection 2, unnumbered 6 34 paragraph 1, Code 1999, is amended to read as follows: 6 35 A blufflands protection revolving fund is created in the 7 1 state treasury. All proceeds shall be divided into two equal 7 2 accounts. One account shall be used for the purchase of 7 3 blufflands along the Mississippi river and its tributaries and 7 4 the other account shall be used for the purchase of blufflands 7 5 along the Missouri river and its tributaries. The proceeds of 7 6 the revolving fund are appropriated to make loans to 7 7 conservation organizations which agree to purchase bluffland 7 8 properties adjacent to state public lands. The department 7 9 shall adopt rules pursuant to chapter 17A to administer the 7 10 disbursement of funds. Notwithstanding section 12C.7, 7 11 interest or earnings on investments made pursuant to this 7 12 section or as provided in section 12B.10 shall be credited to 7 13 the blufflands protection revolving fund. Notwithstanding 7 14 section 8.33, unobligated or unencumbered funds credited to 7 15 the blufflands protection revolving fund shall not revert at 7 16 the close of a fiscal year. However, the maximum balance in 7 17 the blufflands protection revolving fund shall not exceed two 7 18 million five hundred thousand dollars. Any funds in excess of 7 19 two million five hundred thousand dollars shall be credited to 7 20 the rebuild Iowa infrastructure fund. 7 21 Sec. 17. Section 166.42, unnumbered paragraph 1, Code 7 22 1999, is amended to read as follows: 7 23 The secretary may establish a reserve supply of biological 7 24 products of approved modified live virus hog-cholera vaccine 7 25 and of anti-hog-cholera serum or its equivalent in antibody 7 26 concentrate to be used as directed by the secretary in the 7 27 event of an emergency resulting from a hog-cholera outbreak. 7 28 Vaccine and serum or antibody concentrate from the reserve 7 29 supply, if used for such an emergency, shall be made available 7 30 to swine producers at a price which will not result in a 7 31 profit. Payment shall be made by the producer to the 7 32 department and such vaccine shall be administered by a 7 33 licensed practicing veterinarian. The secretary may co- 7 34 operate with other states in the accumulation, maintenance and 7 35 disbursement of such reserve supply of biological products. 8 1 The secretary, with the advice and written consent of the 8 2chief of the division of animal industry of thestate 8 3 veterinarian, and the advice and written consent of the 8 4 veterinarian-in-chargeinfor Iowa,of the animal, plant, and 8 5 healthdivisioninspection service-veterinary services, United 8 6 States department of agriculture, shall determine when an 8 7 emergency resulting from a hog-cholera outbreak exists. 8 8 Sec. 18. Section 173.6, unnumbered paragraph 2, Code 1999, 8 9 is amended to read as follows: 8 10 A member of the board who is a board congressional 8 11 director, elected as provided in section 173.1, shall serve a 8 12 term of two years. The term of a board congressional director 8 13 shall begin following the adjournment of the convention at 8 14 which the board congressional director was elected and shall 8 15 continue until a successor is elected and qualified as 8 16 provided in this chapter. 8 17 Sec. 19. Section 190C.1, subsections 10, 18, and 19, Code 8 18 1999, are amended to read as follows: 8 19 10. "Handler" means a person engaged in the business of 8 20 handling agricultural products, including but not limited to 8 21 distributors, wholesalers, brokers, and repackers. "Handler" 8 22 does not include a person selling agricultural products to 8 23 consumers on a retail basis, including a foodservice8 24 establishment as defined in section137B.2137F.1, retail 8 25 grocery, meat market, or bakery, if the person does not 8 26 process the agricultural product. 8 27 18. "Regional organic association" means a corporation 8 28 organized under former chapter 504 or chapter 504A which has 8 29 certifying members, elects its own officers and directors, and 8 30 is independent from the department. 8 31 19. "Retailer" means a person, other than an operator of a 8 32 foodserviceestablishment, who is engaged in the business of 8 33 selling food at retail to the ultimate customer. 8 34 Sec. 20. Section 190C.4, subsection 3, Code 1999, is 8 35 amended to read as follows: 9 1 3. A violation of this chapter includes a violation of any 9 2 rule adopted orissue orderedorder issued pursuant to this 9 3 chapter as provided in this chapter and under chapter 17A. 9 4 Sec. 21. Section 200A.3, subsection 2, Code 1999, is 9 5 amended to read as follows: 9 6 2. "Bulk dry animal nutrient product" or "bulk product" 9 7 meansana dry animal nutrient product delivered to a 9 8 purchaser in bulk form to which a label cannot be attached. 9 9 Sec. 22. Section 216A.73, subsection 4, Code 1999, is 9 10 amended to read as follows: 9 11 4. Thedirectoradministrator of the division of 9 12 vocational rehabilitation of the department of education. 9 13 Sec. 23. Section 216B.2, unnumbered paragraph 1, Code 9 14 1999, is amended to read as follows: 9 15 The commission for the blind is established consisting of 9 16 three members appointed by the governor, subject to 9 17 confirmation by the senate. Members of the commission shall 9 18 serve three-year terms beginning and ending as provided in 9 19 section 69.19. The commission shall adopt rules concerning 9 20 programs and services for blind persons provided under this 9 21subchapterchapter. 9 22 Sec. 24. Section 216B.6, Code 1999, is amended to read as 9 23 follows: 9 24 216B.6 POWERS. 9 25 The commission shall have all powers necessary to carry out 9 26 the functions and duties specified in thissubchapterchapter, 9 27 including, but not limited to the power to establish advisory 9 28 committees on special studies, to solicit and accept gifts and 9 29 grants, to adopt rules according to chapter 17A for the 9 30 commission and department, and to contract with public and 9 31 private groups to conduct its business. All departments, 9 32 divisions, agencies, and offices of the state shall make 9 33 available upon request of the commission information which is 9 34 pertinent to the subject matter of the study and which is not 9 35 by law confidential. 10 1 Sec. 25. Section 230A.3, subsection 3, Code 1999, is 10 2 amended to read as follows: 10 3 3. Continued operation of a center originally established 10 4 prior to July 1, 1998, under subsection 2 without an agreement 10 5 with the board or boards of supervisors which originally 10 6 established the center, provided the center is in compliance 10 7 with the applicable standards adopted by the mental health and 10 8mental retardationdevelopmental disabilities commission. 10 9 Sec. 26. Section 235A.13, subsections 1 through 7, Code 10 10 1999, are amended to read as follows: 10 11 1. "Assessment data" means any of the following 10 12 information pertaining to the department's evaluation of a 10 13 family: 10 14 a. Identification of the strengths and needs of the child, 10 15 and of the child's parent, home, and family. 10 16 b. Identification of services available from the 10 17 department and informal and formal services and other support 10 18 available in the community to meet identified strengths and 10 19 needs. 10 201.2. "Child abuse information" means any or all of the 10 21 following data maintained by the department in a manual or 10 22 automated data storage system and individually identified: 10 23 a. Report data. 10 24 b. Assessment data. 10 25 c. Disposition data. 10 262.3. "Confidentiality" means the withholding of 10 27 information from any manner of communication, public or 10 28 private. 10 293.4. "Department" means the department of human services. 10 304.5. "Disposition data" means information pertaining to 10 31 an opinion or decision as to the occurrence of child abuse, 10 32 including: 10 33 a. Any intermediate or ultimate opinion or decision 10 34 reached by assessment personnel. 10 35 b. Any opinion or decision reached in the course of 11 1 judicial proceedings. 11 2 c. The present status of any case. 11 35.6. "Expungement" means the process of destroying child 11 4 abuse information. 11 56.7. "Individually identified" means any report, 11 6 assessment, or disposition data which names the person or 11 7 persons responsible or believed responsible for the child 11 8 abuse. 11 97. "Assessment data" means any of the following11 10information pertaining to the department's evaluation of a11 11family:11 12a. Identification of the strengths and needs of the child,11 13and of the child's parent, home, and family.11 14b. Identification of services available from the11 15department and informal and formal services and other support11 16available in the community to meet identified strengths and11 17needs.11 18 Sec. 27. Section 249A.4, subsection 15, Code 1999, is 11 19 amended to read as follows: 11 20 15. Establish appropriate reimbursement rates for 11 21 community mental health centers that are accredited by the 11 22 mental health andmental retardationdevelopmental 11 23 disabilities commission. The reimbursement rates shall be 11 24 phased-in over the three-year period beginning July 1, 1998, 11 25 and ending June 30, 2001. 11 26 Sec. 28. Section 280.11, Code 1999, is amended to read as 11 27 follows: 11 28 280.11 EAR-PROTECTIVE DEVICES. 11 29 1. Every student and teacher in any public or nonpublic 11 30 school shall wear industrial quality ear-protective devices 11 31 while the student or teacher is participating in any phase or 11 32 activity of a course which may subject the student or teacher 11 33 to the risk or hazard of hearing loss from noise in processes 11 34 or procedures used inany of the following courses: 11 351. Vocationalvocational or industrial arts shops or 12 1 laboratories involving experiences with any of the following: 12 2 a. Milling, sawing, turning, shaping, cutting, grinding or 12 3 stamping of any solid materials. 12 4 b. Kiln firing of any metal or other materials. 12 5 c. Electric arc welding. 12 6 d. Repair or servicing of any vehicle while in shop. 12 7 e. Static tests, maintenance or repair of internal 12 8 combustion engines. 12 9 f. Letter press, paper folders, monotype. 12 10 2. It shall be the duty of the teacher or other person 12 11 supervising the students in said courses to see that the above 12 12 requirements are complied with. Any student failing to comply 12 13 with such requirements may be temporarily suspended from 12 14 participation in the course and the registration of a student 12 15 for the course may be canceled for willful, flagrant or 12 16 repeated failure to observe the above requirements. 12 17 3. The board of directors of each local public school 12 18 district and the authorities in charge of each nonpublic 12 19 school shall provide the safety devices requiredhereinin 12 20 this section. Such devices may be paid for from the general 12 21 fund, but the board may require students and teachers to pay 12 22 for the safety devices and shall make them available to 12 23 students and teachers at no more than the actual cost to the 12 24 district or school. 12 25 4. a. "Industrial quality ear-protective devices", as 12 26 used in this section, means devices meeting the American 12 27 National Standard for Measurement of the Real-Ear attenuation 12 28 of Ear Protectors at Threshold promulgated by the American 12 29 National Standards Institute, Inc. 12 30 b. "Noise" as used in this section, means a noise level 12 31 that meets or exceeds damage-risk criteria established by the 12 32 present federal standard for occupational noise exposure, 12 33 Occupational Safety and Health Standards. 12 34 Sec. 29. Section 321.187, Code 1999, is amended to read as 12 35 follows: 13 1 321.187 EXAMINERS. 13 2 1. The department shall examine applicants for driver's 13 3 licenses. Examiners of the department shall wear an 13 4 identifying badge and uniform provided by the department. 13 5 2. The department may by rule designate community colleges 13 6 to administer the driving skills test required for a 13 7 commercial driver's license provided that all of the following 13 8 occur: 13 91.a. The driving skills test is the same as that which 13 10 would otherwise be administered by the state. 13 112.b. The examiner contractually agrees to comply with the 13 12 requirements of 49 C.F.R. } 383.75 as adoptedas of a specific13 13dateby rule by the department. 13 14 Sec. 30. Section 321.188, subsection 1, paragraphs a and 13 15 c, Code 1999, are amended to read as follows: 13 16 a. Certify whether the applicant is subject to and meets 13 17 applicable driver qualifications of 49 C.F.R. part 391 as 13 18 adoptedas of a specific dateby rule by the department. 13 19 c. Successfully pass knowledge tests and driving skills 13 20 tests which the department shall require by rule. The rules 13 21 adopted shall substantially comply with the federal minimum 13 22 testing and licensing requirements in 49 C.F.R. part 383, 13 23 subparts E, G, and H as adoptedas of a specific dateby rule 13 24 by the department. 13 25 Sec. 31. Section 321.188, subsection 2, paragraph b, 13 26 subparagraph (2), Code 1999, is amended to read as follows: 13 27 (2) The applicant has not had any convictions which are 13 28 federal commercial driver's license disqualifying offenses 13 29 under 49 C.F.R. } 383.51 as adoptedas of a specific dateby 13 30 rule by the department while operating any type of vehicle. 13 31 Sec. 32. Section 321.188, subsection 3, Code 1999, is 13 32 amended to read as follows: 13 33 3. An applicant for a hazardous material endorsement must 13 34 pass a knowledge test as required under 49 C.F.R. } 383.121 as 13 35 adoptedas of a specific dateby rule by the department to 14 1 obtain or retain the endorsement. However, an applicant for 14 2 license issuance who was previously issued a commercial 14 3 driver's license from another state may retain the hazardous 14 4 material endorsement from the previously issued license if the 14 5 applicant successfully passed the endorsement test within the 14 6 preceding twenty-four months. 14 7 Sec. 33. Section 321.208, subsection 2, Code 1999, is 14 8 amended to read as follows: 14 9 2. A person is disqualified for life if convicted or found 14 10 to have committed two or more of the above acts or offenses 14 11 arising out of two or more separate incidents. However, a 14 12 disqualification for life is subject to a reduction to a ten- 14 13 year disqualification as provided in 49 C.F.R. } 383.51 as 14 14 adoptedas of a specific dateby rule by the department. 14 15 Sec. 34. Section 321.449, Code 1999, is amended to read as 14 16 follows: 14 17 321.449 MOTOR CARRIER SAFETY RULES. 14 18 1. A person shall not operate a commercial vehicle on the 14 19 highways of this state except in compliance with rules adopted 14 20 by the department under chapter 17A. The rules shall be 14 21 consistent with the federal motor carrier safety regulations 14 22 promulgated under United States Code, Title 49, and found in 14 23 49 C.F.R. } 390-399 and adopted under chapter 17Awhich rules14 24shall be to a date certain. 14 25 2. Rules adopted under this section concerning driver 14 26 qualifications, hours of service, and recordkeeping 14 27 requirements do not apply to the operators of public utility 14 28 trucks, trucks hauling gravel, construction trucks and 14 29 equipment, trucks moving implements of husbandry, and special 14 30 trucks, other than a truck tractor, operating intrastate. 14 31 Trucks for hire on construction projects are not exempt from 14 32 this section. 14 33 3. Rules adopted under this section concerning driver age 14 34 qualifications do not apply to drivers for private and for- 14 35 hire motor carriers which operate solely intrastate except 15 1 when the vehicle being driven is transporting a hazardous 15 2 material in a quantity which requires placarding. The minimum 15 3 age for the exempted intrastate operations is eighteen years 15 4 of age. 15 5 4. Notwithstanding other provisions of this section, rules 15 6 adopted under this section for drivers of commercial vehicles 15 7 shall not apply to a driver of a commercial vehicle who is 15 8 engaged exclusively in intrastate commerce, when the 15 9 commercial vehicle's gross vehicle weight rating is 26,000 15 10 pounds or less, unless the vehicle is used to transport 15 11 hazardous materials requiring a placard or if the vehicle is 15 12 designed to transport more than fifteen passengers, including 15 13 the driver. For the purpose of complying with the hours of 15 14 service recordkeeping requirements under 49 C.F.R. } 15 15 395.1(e)(5), a driver's report of daily beginning and ending 15 16 on-duty time submitted to the motor carrier at the end of each 15 17 work week shall be considered acceptable motor carrier time 15 18 records. In addition, rules adopted under this section shall 15 19 not apply to a driver for a farm operation as defined in 15 20 section 352.2, or for an agricultural interest when the 15 21 commercial vehicle is operated between the farm as defined in 15 22 section 352.2 and another farm, between the farm and a market 15 23 for farm products, or between the farm and an agribusiness 15 24 location. A driver or a driver-salesperson for a private 15 25 carrier, who is not for hire and who is engaged exclusively in 15 26 intrastate commerce, may drive twelve hours, be on duty 15 27 sixteen hours in a twenty-four hour period and be on duty 15 28 seventy hours in seven consecutive days or eighty hours in 15 29 eight consecutive days. A driver-salesperson means as defined 15 30 in 49 C.F.R. } 395.2, as adoptedas of a specific dateby the 15 31 department by rule. 15 32 5. a. Notwithstanding other provisions of this section, 15 33 rules adopted under this section concerning physical and 15 34 medical qualifications for drivers of commercial vehicles 15 35 engaged in intrastate commerce shall not be construed as 16 1 disqualifying any individual who was employed as a driver of 16 2 commercial vehicles engaged in intrastate commerce whose 16 3 physical or medical condition existed prior to July 29, 1996. 16 4 b. Notwithstanding other provisions of this section, rules 16 5 adopted under this section concerning physical and medical 16 6 qualifications for a driver shall not apply to a farmer or a 16 7 farmer's hired help when operating a vehicle owned by the 16 8 farmer while it is being used in connection with the 16 9 intrastate transportation of fertilizers and chemicals used in 16 10 the farmer's crop production. 16 11 c. Notwithstanding other provisions of this section, rules 16 12 adopted under this section concerning physical and medical 16 13 qualifications for a driver shall not apply to a farmer or a 16 14 farmer's hired help when operating a vehicle owned by the 16 15 farmer while it is being used in connection with the 16 16 intrastate transportation of agricultural commodities or feed. 16 17 6. Notwithstanding other provisions of this section, rules 16 18 adopted under this section shall not impose any requirements 16 19 which impose any restrictions upon a person operating an 16 20 implement of husbandry or pickup to transport fertilizers and 16 21 pesticides in that person's agricultural operations. 16 22 7. Rules adopted under this section concerning periodic 16 23 inspections shall not apply to special trucks as defined in 16 24 section 321.1, subsection 76, and registered under section 16 25 321.121. 16 26 8. Rules adopted under this section shall not apply to 16 27 vehicles used in combination provided the gross vehicle weight 16 28 rating of the towing unit is ten thousand pounds or less and 16 29 the gross combination weight rating is twenty-six thousand 16 30 pounds or less. 16 31 Sec. 35. Section 321.491, unnumbered paragraph 2, Code 16 32 1999, is amended to read as follows: 16 33 Within ten days after the conviction or forfeiture of bail 16 34 of a person upon a charge of violating any provision of this 16 35 chapter or other law regulating the operation of vehicles on 17 1 highways every magistrate of the court or clerk of the 17 2 district court of record in which the conviction occurred or 17 3 bail was forfeited shall prepare and immediately forward to 17 4 the department an abstract of the record of the case. The 17 5 abstract must be certified by the person preparing it to be 17 6 true and correct. The clerk of the district court shall 17 7 collect a fee of fifty cents for each individual copy of any 17 8 record of conviction or forfeiture of bail furnished to any 17 9 requestor at the clerk's office except for the department or 17 10 other local, state, or federal government entity. Moneys 17 11 collected under this section shall be transferred to the 17 12 department as a repayment receipt, as defined in section 8.2, 17 13 to enhance the efficiency of the department to process records 17 14 and information between the department and the Iowa court 17 15 information system. Notwithstanding any other provision in 17 16 this section or chapter 22, the judicial branch shall be the 17 17 provider of public electronic access to the clerk's records of 17 18 convictions and forfeitures of bail through the Iowa court 17 19 information system and shall, if all such records are provided 17 20 monthly to a vendor,the judicial branch shallcollect a fee 17 21 from such vendor which is the greater of three thousand 17 22 dollars per month or the actual direct cost of providing the 17 23 records. 17 24 Sec. 36. Section 321J.2, subsection 7, paragraph a, Code 17 25 1999, is amended to read as follows: 17 26 a.Division I of thisThis section does not apply to a 17 27 person operating a motor vehicle while under the influence of 17 28 a drug if the substance was prescribed for the person and was 17 29 taken under the prescription and in accordance with the 17 30 directions of a medical practitioner as defined in chapter 17 31 155A or if the substance was dispensed by a pharmacist without 17 32 a prescription pursuant to the rules of the board of pharmacy 17 33 examiners, if there is no evidence of the consumption of 17 34 alcohol and the medical practitioner or pharmacist had not 17 35 directed the person to refrain from operating a motor vehicle. 18 1 Sec. 37. Section 321M.6, subsection 2, paragraph b, Code 18 2 1999, is amended to read as follows: 18 3 b. The county examiner contractually agrees to comply with 18 4 the requirements of 49 C.F.R. } 383.75, as adoptedas of a18 5specific dateby rule by the department. 18 6 Sec. 38. Section 331.605, subsections 3 and 5, Code 1999, 18 7 are amended to read as follows: 18 8 3. A state migratory game bird fee as provided in section 18 9484A.3483A.1. 18 10 5. A county fee of four dollars forthe following18 11certificates, records, or services:18 12a. Aa certified copy of a birth record, death record, or 18 13 marriage certificate. 18 14 Sec. 39. Section 455B.110, subsection 1, paragraph c, 18 15 subparagraph (3), Code 1999, is amended to read as follows: 18 16 (3) The county board of supervisors may designate a county 18 17 employee to accompany a departmental official during the 18 18 investigation of the premises of a confinement feeding 18 19 operation. The county designee shall have the same right of 18 20 access to the real estate of the premises as the departmental 18 21 official conducting the inspection during the period that the 18 22 county designee accompanies the departmental official. 18 23 Sec. 40. Section 501.101, subsection 2, paragraph b, Code 18 24 1999, is amended to read as follows: 18 25 b. A person who owns at least one hundred fifty acres of 18 26 agricultural land and receives as rent a share of the crops or 18 27 the animals raised on the land if that person is a natural 18 28 person or a general partnership as organized under chapter 486 18 29 or 486A in which all partners are natural persons. 18 30 Sec. 41. Section 501.101, subsection 6, paragraph c, Code 18 31 1999, is amended to read as follows: 18 32 c. A general partnership as organized under chapter 486 or 18 33 486A in which all the partners are natural persons actively 18 34 engaged in farming as provided in section 9H.1. 18 35 Sec. 42. Section 501.701, subsection 5, paragraph g, Code 19 1 1999, is amended to read as follows: 19 2 g. Its most recentbiennialannual report delivered to the 19 3 secretary of state under section 501.713. 19 4 Sec. 43. Section 501.702, subsection 5, paragraph a, Code 19 5 1999, is amended to read as follows: 19 6 a. The right of a member to obtain information under 19 7 section501.702501.304 or the right of an interest holder to 19 8 obtain information, if the interest holder is in litigation 19 9 with the cooperative, to the same extent as any other 19 10 litigant. 19 11 Sec. 44. Section 501.713, subsection 5, Code 1999, is 19 12 amended to read as follows: 19 13 5. The secretary of state may provide for the change of 19 14 registered office or registered agent on the form prescribed 19 15 by the secretary of state for the annual report, provided that 19 16 the form contains the information required in section 501.106. 19 17 If the secretary of state determines that an annual report 19 18 does not contain the information required by this section but 19 19 otherwise meets the requirements of section 501.106 for the 19 20 purpose of changing the registered office or registered agent, 19 21 the secretary of state shall file the statement of change of 19 22 registered office or registered agent, effective as provided 19 23 in section 501.105, before returning thebiennialannual 19 24 report to the cooperative as provided in this section. A 19 25 statement of change of registered office or agent pursuant to 19 26 this subsection shall be executed by a person authorized to 19 27 execute the annual report. 19 28 Sec. 45. Section 504A.100, subsection 3, unnumbered 19 29 paragraph 1, Code 1999, is amended to read as follows: 19 30 Any domestic corporation organized or existing under the 19 31 provisions of chapter 504, Code 1989, may voluntarily elect to 19 32 adopt the provisions of this chapter and thereby become 19 33 subject to its provisions and, during the period of two years 19 34 from and after the effective date of this chapter, any foreign 19 35 corporation holding a permit under the provisions of said 20 1 chapter on said date may voluntarily elect to adopt the 20 2 provisions of this chapter and thereby become subject to the 20 3 provisions of this chapter. The procedure for electing to 20 4 adopt the provisions of this chapter shall be as follows: 20 5 Sec. 46. Section 504A.100, subsection 3, paragraph e, 20 6 unnumbered paragraph 1, Code 1999, is amended to read as 20 7 follows: 20 8 The secretary of state shall not file such instrument with 20 9 respect to a domestic corporation unless at the time thereof 20 10 such corporation is validly existing and in good standing in 20 11 that office under the provisions of chapter 504of the, Code 20 12 1989. If the articles of incorporation of such corporation 20 13 have not heretofore been filed in the office of the secretary 20 14 of state, but are on file in the office of a county recorder, 20 15 no such instrument of adoption shall be accepted by the 20 16 secretary of state until the corporation shall have caused its 20 17 articles of incorporation and all amendments duly certified by 20 18 the proper county recorder to be recorded in the office of the 20 19 secretary of state. Upon the filing of such instrument the 20 20 secretary of state shall issue a certificate as to the filing 20 21 of such instrument and deliver such certificate to the 20 22 corporation or its representative. 20 23 Sec. 47. Section 504A.100, subsections 5, 6, 9, and 12, 20 24 Code 1999, are amended to read as follows: 20 25 5. The provisions of this chapter becoming applicable to 20 26 any domestic or foreign corporation shall not affect any right 20 27 accrued or established, or any liability or penalty incurred, 20 28 under the provisions of chapter 504, Code 1989, prior to the 20 29 filing by the secretary of state in the secretary of state's 20 30 office of the instrument manifesting the election of such 20 31 corporation to adopt the provisions of this chapter as 20 32 provided in subsection 3 of this section. 20 33 6. Except for the exceptions and limitations of subsection 20 34 1 of this section, this chapter shall apply to: all domestic 20 35 corporations organized after the date on which this chapter 21 1 became effective; domestic corporations organized or existing 21 2 under chapter 504, Code 1989, which voluntarily elect to adopt 21 3 the provisions of this chapter and comply with the provisions 21 4 of subsection 3 of this section; all foreign corporations 21 5 conducting or seeking to conduct affairs within this state and 21 6 not holding, July 4, 1965, a valid permit so to do; foreign 21 7 corporations holding, on the date the chapter becomes 21 8 effective, a valid permit under the provisions of chapter 504, 21 9 Code 1989, which, during the period of two years from and 21 10 after said date, voluntarily elect to adopt the provisions of 21 11 this chapter and comply with the provisions of subsection 3 of 21 12 this section; and, upon the expiration of the period of two 21 13 years from and after July 4, 1965, all foreign corporations 21 14 holding such a permit on July 4, 1965. 21 15 9. No corporation to which the provisions of this chapter 21 16 apply shall be subject to the provisions of chapter 504, Code 21 17 1989. 21 18 12. Corporations existing under chapter 504, Code 1989, 21 19 shall be subject to this chapter on July 1, 1990, except that 21 20 the corporations shall be subject to sections 504A.8 and 21 21 504A.83 on January 1, 1997. A corporate existence of a 21 22 corporation that is not in compliance on the records of the 21 23 secretary of state with sections 504A.8 and 504A.83 on June 21 24 30, 1997, is terminated, effective July 1, 1997. A 21 25 corporation whose existence is terminated pursuant to this 21 26 subsection may be reinstated. When the reinstatement is 21 27 effective, it relates back to and takes effect as of the 21 28 effective date of the termination of its corporate existence 21 29 as if such termination had never occurred. The secretary of 21 30 state shall adopt rules governing the reinstatement of a 21 31 corporation pursuant to this subsection. 21 32 Sec. 48. Section 523G.4, subsection 2, paragraph d, Code 21 33 1999, is amended by striking the paragraph. 21 34 Sec. 49. Section 602.8102, subsection 152, Code 1999, is 21 35 amended by striking the subsection. 22 1 Sec. 50. Section 692A.2, subsection 4, Code 1999, is 22 2 amended to read as follows: 22 3 4. A person is not required to register while 22 4 incarcerated, in foster care, or in a residential treatment 22 5 program. A person who is convicted, as defined in section 22 6 692A.1, ofeithera criminal offense against a minor, sexual 22 7 exploitation, a sexually violent offense, or an other relevant 22 8 offense as a result of adjudication of delinquency in juvenile 22 9 court shall be required to register as required in this 22 10 chapter unless the juvenile court finds that the person should 22 11 not be required to register under this chapter. If a juvenile 22 12 is required to register and the court later modifies the order 22 13 regarding the requirement to register, the court shall 22 14 immediately notify the department. Convictions of more than 22 15 one offense which require registration under this chapter but 22 16 which are prosecuted within a single indictment shall be 22 17 considered as a single offense for purposes of registration. 22 18 Sec. 51. Section 692A.16, subsection 1, Code 1999, is 22 19 amended to read as follows: 22 20 1. The registration requirements of this chapter shall 22 21 apply to persons convicted of a criminal offense against a 22 22 minor, sexual exploitation, an other relevant offense, or a 22 23 sexually violent offense prior to July 1, 1995, who are 22 24 released on or after July 1, 1995, who are participating in a 22 25 work release or institutional work release program on or after 22 26 July 1, 1995, or who are under parole or probation supervision 22 27 by a judicial district department of correctional services on 22 28 or after July 1, 1995. 22 29 Sec. 52. Section 915.23, subsection 1, Code 1999, is 22 30 amended to read as follows: 22 31 1. An employer shall not discharge an employeefrom, or 22 32 take or fail to take action,regarding an employee's promotion 22 33 or proposed promotion, or take action to reduce an employee's 22 34 wages or benefits,for actual time worked, due to the service 22 35 of an employee as a witness in a criminal proceeding. 23 1 Sec. 53. Section 915.24, subsection 1, unnumbered 23 2 paragraph 1, Code 1999, is amended to read as follows: 23 3 If a complaint is filed alleging that a child has committed 23 4 a delinquent act, the alleged victim, as defined in section 23 5 915.10, has and a juvenile court officer shall notify the 23 6 alleged victim, as defined in section 915.10,of the following 23 7 rights: 23 8 23 9 23 10 23 11 MARY E. KRAMER 23 12 President of the Senate 23 13 23 14 23 15 23 16 RON J. CORBETT 23 17 Speaker of the House 23 18 23 19 I hereby certify that this bill originated in the Senate and 23 20 is known as Senate File 102, Seventy-eighth General Assembly. 23 21 23 22 23 23 23 24 MICHAEL E. MARSHALL 23 25 Secretary of the Senate 23 26 Approved , 1999 23 27 23 28 23 29 23 30 THOMAS J. VILSACK 23 31 Governor
Text: SF00101 Text: SF00103 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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