Text: SF02091 Text: SF02093 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2092 1 2 1 3 AN ACT 1 4 RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE TO 1 5 REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE 1 6 REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE, 1 7 RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING 1 8 PROVISIONS, OR REMOVE AMBIGUITIES AND PROVIDING EFFECTIVE 1 9 DATES. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 12C.6A, subsection 5, paragraph b, Code 1 14 Supplement 1999, is amended to read as follows: 1 15 b. If any committee member, in the member's discretion, 1 16 finds that the complaint has merit, the member may order the 1 17 bank alleged to have failed to meet its community reinvestment 1 18 responsibility to attend and participate in a meeting with the 1 19 complainant. The committee member may specify who, at 1 20 minimum, shall represent thefinancial institutionbank at the 1 21 meeting. At the meeting, or at any other time, the bank may, 1 22 but is not required to, enter into an agreement with a 1 23 complainant to correct alleged failings. 1 24 Sec. 2. Section 12C.25, unnumbered paragraph 2, Code 1 25 Supplement 1999, is amended to read as follows: 1 26 The funds shall be used to receive and disburse moneys 1 27 pursuant to section 12C.23, subsection 3, paragraph "d" and 1 28 section 12C.23A, subsection 3, paragraph "d". 1 29 Sec. 3. Section 13B.4, subsection 4, paragraph c, 1 30 unnumbered paragraph 2, Code Supplement 1999, is amended to 1 31 read as follows: 1 32 d. Notwithstanding chapter 17A, the attorney may seek 1 33 review of any action or intended action taken pursuant to 1 34 paragraph"d""c" by filing a motion with the court with 1 35 jurisdiction over the original appointment for review. The 2 1 motion must be filed within twenty days of any action taken by 2 2 the state public defender. The attorney shall have the burden 2 3 to establish by a preponderance of the evidence that the 2 4 amount of compensation and expenses is reasonable and 2 5 necessary to competently represent the client. The filing of 2 6 a motion shall not delay the payment of the amount specified 2 7 by the state public defender pursuant to this subsection. 2 8 Sec. 4. Section 13B.8, subsection 2, Code Supplement 1999, 2 9 is amended to read as follows: 2 10 2. The state public defender may appointa local public2 11defenderand may remove the local public defender, assistant 2 12 local public defenders, clerks, investigators, secretaries, or 2 13 other employees for cause. Each local public defender, and 2 14 any assistant local public defender, must be an attorney 2 15 admitted to the practice of law before the Iowa supreme court. 2 16 Sec. 5. Section 29B.20, Code 1999, is amended to read as 2 17 follows: 2 18 29B.20 COMPLETE RECORD. 2 19 A sentence imposing a dishonorable discharge, discharge 2 20 under other than honorable conditions, dismissal, or 2 21 confinement shall not be adjudged unless a complete record of 2 22 the proceedings and testimony has been made, counsel having 2 23 the qualifications prescribed under this code was detailed to 2 24 represent the accused, and a military judge was detailed to 2 25 the trial, except in any case in which a military judge could 2 26 not be detailed to the trial because of physical conditions or 2 27 military exigencies. If a military judge was not detailed to 2 28 the trial, the convening authority shall make a detailed 2 29 written statement, to be appended to the record, stating the 2 30 reason a military judge could not be detailed. 2 31 Sec. 6. Section 35C.1, subsection 1, Code 1999, is amended 2 32 to read as follows: 2 33 1. In every public department and upon all public works in 2 34 the state, and of the counties, cities, and school 2 35 corporations of the state,honorably discharged persons from3 1the military or naval forces of the United States in any war3 2in which the United States has been engaged, including the3 3Korean Conflict at any time between June 25, 1950 and January3 431, 1955, both dates inclusive, the Vietnam Conflict beginning3 5August 5, 1964, and ending on May 7, 1975, both dates3 6inclusive, and the Persian Gulf Conflict beginning August 2,3 71990, and ending on the date specified by the president or the3 8Congress of the United States as the date of permanent3 9cessation of hostilities, both dates inclusiveveterans as 3 10 defined in section 35.1, who are citizens and residents of 3 11 this state are entitled to preference in appointment and 3 12 employment over other applicants of no greater qualifications. 3 13However, if the Congress of the United States enacts a date3 14different from August 2, 1990, as the beginning of the Persian3 15Gulf Conflict to determine the eligibility of a veteran for3 16military benefits as a veteran of the Persian Gulf Conflict,3 17the date enacted by the Congress of the United States shall be3 18substituted for August 2, 1990.The preference in appointment 3 19 and employment for employees of cities under a municipal civil 3 20 service is the same as provided in section 400.10.For the3 21purposes of this section service in World War II means service3 22in the armed forces of the United States between December 7,3 231941, and December 31, 1946, both dates inclusive.3 24 Sec. 7. Section 37.9, unnumbered paragraph 6, Code 3 25 Supplement 1999, is amended to read as follows: 3 26 The commissioners having the management and control of a 3 27 memorial hospital shall, within ten days after their 3 28 appointment, qualify by taking the usual oath of office, but 3 29 no bonds shall be required of them except as hereinafter 3 30 provided. The commissioners shall organize by electing a 3 31 chairperson, secretary, and treasurer. The secretary and 3 32 treasurer shall each file with the chairperson of the 3 33 commission a surety bond in such sum as the commission may 3 34 require, with sureties approved by the commission, for the use 3 35 and benefit of the memorial hospital. The reasonable costs of 4 1 such bonds shall be paid from operating funds of the hospital. 4 2 The secretary shall immediately report to the county auditor 4 3 and county treasurer the names of the chairperson, secretary, 4 4 and treasurer of the commission. The commission shall meet at 4 5 least once each month. Three members ofthea five-member 4 6 commission and five members of a seven-member commission shall 4 7 constitute a quorum for the transaction of business. The 4 8 secretary shall keep a complete record of its proceedings. 4 9 Sec. 8. Section 46.24, unnumbered paragraph 2, Code 4 10 Supplement 1999, is amended to read as follows: 4 11 The state board of canvassers shall, at the time of 4 12 canvassing the vote cast at a general election, open and 4 13 canvass all of the returns for the judicial election. Each 4 14 judge of the supreme court, court of appeals or district court 4 15 including a district associate judge, full-time associate 4 16 juvenile judge, or full-time associate probate judge, or a 4 17 clerk of the district court who has received more affirmative 4 18 than negative votes shall receive from the state board of 4 19 canvassers an appropriate certificate so stating. 4 20 Sec. 9. Section 80.17, subsection 7, Code 1999, is amended 4 21 to read as follows: 4 22 7. Division of capitolsecuritypolice. 4 23 Sec. 10. Section 80.35, Code 1999, is amended to read as 4 24 follows: 4 25 80.35 TRANSITION. 4 26 Persons employed by the department of general services as 4 27 capitol security force officers shall be transferred to the 4 28 division of capitol security of the department of public 4 29 safety on July 1, 1976. Persons transferred pursuant to this 4 30 section shall retain their positions as capitolsecurity4 31 police officers, shall not be subject to the requirements and 4 32 conditions of section 80.15, and shall remain under the Iowa 4 33 public employees' retirement system. Persons employed after 4 34 July 1, 1976 by the department of public safety as capitol 4 35securitypolice officers within the division of capitol 5 1securitypolice shall be subject to the requirements and 5 2 conditions of section 80.15, except those requirements 5 3 relating to age, and shall be subject to the Iowa public 5 4 employees' retirement system. The minimum age for persons 5 5 employed by the division of capitolsecuritypolice shall be 5 6 eighteen. 5 7 Sec. 11. Section 91C.8, subsection 4, Code Supplement 5 8 1999, is amended to read as follows: 5 9 4. If a citation is issued, the commissioner shall, within 5 10 seven days, notify the contractor by service in the same 5 11 manner as an original notice or by certified mail of the 5 12 administrative penalty, if any, proposed to be assessed and 5 13 that the contractor has fifteen working days within which to 5 14 notify the commissioner that theemployercontractor wishes to 5 15 contest the citation or proposed assessment of penalty. 5 16 Sec. 12. Section 123.39, subsection 4, Code 1999, is 5 17 amended to read as follows: 5 18 4. If the cause for suspension is a first offense 5 19 violation of section 123.49, subsection 2, paragraph "h", the 5 20 administrator or local authority shall impose a civil penalty 5 21 in the amount ofthreefive hundred dollars in lieu of 5 22 suspension of the license or permit. Local authorities shall 5 23 retain civil penalties collected under this paragraph if the 5 24 proceeding to impose the penalty is conducted by the local 5 25 authority. The division shall retain civil penalties 5 26 collected under this paragraph if the proceeding to impose the 5 27 penalty is conducted by the administrator of the division. 5 28 Sec. 13. Section 141A.8, subsection 7, Code Supplement 5 29 1999, is amended to read as follows: 5 30 7. When a care provider in the course of providing care 5 31 sustains a significant exposure on the premises of a health 5 32carefacility or while engaged in rendering aid or providing 5 33 transportation to an individual in circumstances which lead to 5 34 the individual's presence at a healthcarefacility, the 5 35 individual to whom the care provider was exposed is deemed to 6 1 consent to a test to be administered by the healthcare6 2 facility upon the written request of the exposed care provider 6 3 for the express purpose of determining the presence of HIV 6 4 infection in that individual. The sample and test results 6 5 shall only be identified by a number and no reports otherwise 6 6 required by this chapter shall be made which identify the 6 7 individual tested. However, if the test results are positive, 6 8 the healthcarefacility shall notify the individual tested 6 9 and ensure performance of counseling and reporting 6 10 requirements of this chapter in the same manner as for an 6 11 individual from whom actual consent was obtained. 6 12 Sec. 14. Section 161D.1, subsection 4, Code Supplement 6 13 1999, is amended to read as follows: 6 14 4. Thischaptersubchapter is not intended to affect the 6 15 authority of the department of natural resources in its 6 16 acquisition, development, and management of public lands 6 17 within the counties represented by the authority. 6 18 Sec. 15. Section 161D.3, unnumbered paragraph 1, Code 6 19 Supplement 1999, is amended to read as follows: 6 20 As used in thischaptersubchapter, unless the context 6 21 otherwise requires: 6 22 Sec. 16. Section 182.14, subsection 1, Code Supplement 6 23 1999, is amended to read as follows: 6 24 1. If approved by a majority of voters at a referendum, an 6 25 assessmenttoshall be set by the board at not more than two 6 26 cents for each pound of wool produced and sold by a producer 6 27 and not more than ten cents per head on sheep sold by a 6 28 producer. 6 29 Sec. 17. Section 184A.6, subsection 2, Code Supplement 6 30 1999, is amended to read as follows: 6 31 2. The council shall expend moneys from the account first 6 32 for the payment of expenses for the collection of assessments, 6 33 and then for the payment of expenses related toconnecting6 34 conducting a referendum as provided in section 184A.12. The 6 35 council shall expend remaining moneys for market development, 7 1 producer education, and the payment of refunds to producers as 7 2 provided in this chapter. 7 3 Sec. 18. Section 235A.18, subsection 1, paragraph b, Code 7 4 Supplement 1999, is amended to read as follows: 7 5 b. Data sealed in accordance with this section shall be 7 6 expunged eight years after the date the data was sealed. 7 7 However, if the report data and the disposition data involve 7 8 child abuse as defined in section 232.68, subsection 2, 7 9paragraphsparagraph "c"andor "e", the data shall not be 7 10 expunged for a period of thirty years. Sealed data shall be 7 11 made available to the department of justice upon request if 7 12 the prosecutor's review committee is reviewing records or if a 7 13 prosecuting attorney has filed a petition to commit a sexually 7 14 violent predator under chapter 229A. 7 15 Sec. 19. Section 260G.6, Code Supplement 1999, is amended 7 16 to read as follows: 7 17 260G.6 PROGRAM CAPITAL FUNDS ALLOCATION. 7 18 If moneys are appropriated by the general assembly to 7 19 support program capital costs, the moneys shall be allocated 7 20 according to rules adopted by the department of economic 7 21 development pursuant to chapter 17A. In order to receive such 7 22 moneys a program agreement approved by the community college 7 23 board of directors must be in place, program capital cost 7 24 requests shall be approved by the Iowa economic development 7 25 board created in section 15.103, program capital cost requests 7 26 shall be approved or denied not later than sixty days 7 27 following receipt of the request by the department of economic 7 28 development, and employer contributions toward program capital 7 29 costs shall be certified and agreed to in the agreement. 7 30 Sec. 20. Section 317.1, subsection 1, Code 1999, is 7 31 amended to read as follows: 7 32 1. Primary noxious weeds, which shall include quack grass 7 33 (Agropyron repens), perennial sow thistle (Sonchus arvensis), 7 34 Canada thistle (Cirsium arvense), bull thistle (Cirsium 7 35 lanceolatum), European morning glory or field bindweed 8 1 (Convolvulus arvensis), horse nettle (Solanum carolinense), 8 2 leafy spurge (Euphorbia esula), perennial pepper-grass 8 3 (Lepidium draba), Russian knapweed (Centaurea repens), 8 4 buckthorn (Rhamnus, not to include Rhamnus frangula), and all 8 5 other species of thistles belonging in genera of Cirsium and 8 6 Carduus.)8 7 Sec. 21. Section 321.34, subsection 15, Code Supplement 8 8 1999, is amended to read as follows: 8 9 15. LEGION OF MERIT SPECIAL PLATES. The owner of a motor 8 10 vehicle subject to registration under section 321.109, 8 11 subsection 1, light delivery truck, panel delivery truck, 8 12 motorcycle, trailer, or pickup who has been awarded the legion 8 13 of merit may, upon written application to the department and 8 14 presentation of satisfactory proof of the award of the legion 8 15 of merit as established by the Congress of the United States, 8 16 order special registration plates with a legion of merit 8 17 processed emblem. The emblem shall be designed by the 8 18 department in cooperation with the adjutant general and shall 8 19 signify that the owner was awarded the legion of merit. The 8 20 application is subject to approval by the department, in 8 21 consultation with the adjutant general. The special plates 8 22 shall be issued at no charge and are subject to an annual 8 23 registration fee of fifteen dollars. The county treasurer 8 24 shall validate the special plates in the same manner as 8 25 regular registration plates are validated under this section. 8 26 The surviving spouse of a person who was issued special 8 27 plates under this subsection may continue to use or apply for 8 28 and use the special plates subject to registration of the 8 29 special plates in the surviving spouse's name and upon payment 8 30 of the annual registration fee. If the surviving spouse 8 31 remarries, the surviving spouse shall return the special 8 32 plates to the department and the department shall issue 8 33 regular registration plates to the surviving spouse. 8 34 Sec. 22. Section 321.49, subsection 3, Code Supplement 8 35 1999, is amended to read as follows: 9 1 3. A mobile home dealer who acquires a used mobile home,9 2 or manufactured housing, titled in Iowa, and who does not 9 3 apply for and obtain a certificate of title from the county 9 4 treasurer of the dealer's county of residence within thirty 9 5 days of the date of acquisition, as required under section 9 6 321.45, subsection 4, is subject to a penalty of ten dollars. 9 7 A certificate of title shall not be issued to the mobile home 9 8 dealer until the penalty is paid. 9 9 Sec. 23. Section 321.104, unnumbered paragraph 1, Code 9 10 Supplement 1999, is amended to read as follows: 9 11 It is a misdemeanor, punishable as provided in section 9 12321.482805.8 for any person to commit any of the following 9 13 acts: 9 14 Sec. 24. Section 322.27, Code 1999, is amended to read as 9 15 follows: 9 16 322.27 MANUFACTURER'S LICENSE. 9 17 A manufacturer, except an alien manufacturer represented by 9 18 an importer,distributor branch, factory representative or9 19distributor representativeshall not engage in business as a 9 20 manufacturer in this state or employ, appoint or maintain 9 21 distributors or wholesalers, factory representatives or9 22branches, distributor representatives or branches,or dealers, 9 23 without a license as provided in this chapter. However, new 9 24 motor vehicle dealers may wholesale motor vehicles without an 9 25 additional license and used motor vehicle dealers may 9 26 wholesale used motor vehicles without an additional license. 9 27 Sec. 25. Section 322.30, Code 1999, is amended to read as 9 28 follows: 9 29 322.30 DISPLAY. 9 30 The licenses of manufacturers, factory branches,and 9 31 distributorsand distributor branchesshall specify the 9 32 location of the officeor branchand must be conspicuously 9 33 displayed at such location. In case such location be changed, 9 34 the department shall endorse the change of location on the 9 35 license without charge if it be within the same municipality. 10 1 A change of location to another municipality shall require a 10 2 new license. 10 3 Sec. 26. Section 322C.9, subsection 2, Code 1999, is 10 4 amended by striking the subsection. 10 5 Sec. 27. Section 322C.11, Code 1999, is amended to read as 10 6 follows: 10 7 322C.11 PENALTIES. 10 8 A person violating a provision of section 322C.3,or 322C.7 10 9or 322C.8is guilty of a serious misdemeanor. 10 10 Sec. 28. Section 403A.22, subsection 5, Code Supplement 10 11 1999, is amended to read as follows: 10 12 5. Stock ownership in a corporation having such an 10 13 interest shall not be deemed an interestorof, or ownership 10 14 or control by, the person owning such stocks when less than 10 15 five percent of the outstanding stock of the corporation is 10 16 owned or controlled directly or indirectly by such person. 10 17 Sec. 29. Section 427A.12, subsections 3 and 4, Code 10 18 Supplement 1999, are amended to read as follows: 10 19 3. The county auditor shall certify and forward one copy 10 20 each of the statement to the state comptroller and to the 10 21 director of revenue not later than January 15, 1974.The10 22director of revenue shall make any necessary corrections and10 23certify to the state comptroller the amount of the personal10 24property tax replacement base for each taxing district in the10 25state, determined pursuant to subsection 2.10 26 4. The personal property tax replacement base for each 10 27 taxing district is permanent and shall not be adjusted, except 10 28 that the department ofmanagementrevenue and finance shall 10 29 make any necessary corrections and shall make appropriate 10 30 adjustments to reflect mergers, annexations, and other changes 10 31 in taxing districts or their boundaries. 10 32 Sec. 30. Section 427A.12, subsections 5, 6, and 7, Code 10 33 Supplement 1999, are amended by striking the subsections. 10 34 Sec. 31. Section 455B.165, subsection 7, paragraph d, 10 35 subparagraph (2), Code 1999, is amended to read as follows: 11 1 (2) The spray irrigation equipment disperses manure 11 2 through an orifice at aratemaximum pressure of not more than 11 3 twenty-five pounds per square inch. 11 4 Sec. 32. Section 456A.20, subsection 2, Code Supplement 11 5 1999, is amended to read as follows: 11 6 2. The department shall deposit a portion of the moneys 11 7 that it receives from selling trees and shrubs as provided in 11 8 this section to the forestry management and enhancement fund 11 9 as created in section 456A.21. The amount deposited in the 11 10 fund shall equal five cents for each coniferous tree and ten 11 11 cents for each hardwood tree and shrubreceived from the sales11 12 sold. 11 13 Sec. 33. Section 481C.3, Code Supplement 1999, is amended 11 14 to read as follows: 11 15 481C.3 FUNDING. 11 16Notwithstanding section 483A.30, theThe revenue from 11 17 nonresident deer and wild turkey hunting licenses shallfirst11 18 be used to pay the salaries, support, and maintenance of the 11 19 wild animal depredation unit established pursuant to section 11 20 481C.1.The remaining revenue from nonresident deer and wild11 21turkey hunting licenses shall be used to meet the requirements11 22of section 483A.30.11 23 Sec. 34. Section 572.23, subsection 2, Code Supplement 11 24 1999, is amended to read as follows: 11 25 2. If acknowledgment of satisfaction is not filed within 11 26 thirty days after service of the demand in writing, the party 11 27 serving the demand or causing the demand to be served may file 11 28 for record with the clerk of the district court a copy of the 11 29 demand with proofs of service attached and endorsed and, in 11 30 case of service by publication, a personal affidavit that 11 31 personal service could not be made within this state. Upon 11 32 completion of the requirements of this subsection, the record 11 33 shall be constructive notice to all parties of the due 11 34 forfeiture and cancellation of the lien. Upon the filing of 11 35 theforfeiture of the liendemand with the required 12 1 attachments, the clerk of the district court shall mail a 12 2 file-stamped copy of thecancellationdemand to both parties. 12 3 Sec. 35. Section 579B.4, subsection 3, Code Supplement 12 4 1999, is amended to read as follows: 12 5 3. Except as provided in chapter 581, a lien created under 12 6thissectionuntil preserved579B.3 and a lien preserved under 12 7 this section are superior to and shall have priority over a 12 8 conflicting lien or security interest in the commodity, 12 9 including a lien or security interest that was perfected prior 12 10 to the creation of the lien under this chapter. 12 11 Sec. 36. Section 598B.204, subsection 4, Code Supplement 12 12 1999, is amended to read as follows: 12 13 4. A court of this state which has been asked to make a 12 14 child-custody determination under this section, upon being 12 15 informed that a child-custody proceeding has been commenced 12 16 in, or a child-custody determination has been made by, a court 12 17 of a state having jurisdiction under sections 598B.201 through 12 18 598B.203, shall immediately communicate with the other court. 12 19 A court of this state which is exercising jurisdiction 12 20 pursuant to sections 598B.201 through 598B.203, upon being 12 21 informed that a child-custody proceeding has been commenced 12 22 in, or a child-custody determination has been made by, a court 12 23orof another state under a statute similar to this section 12 24 shall immediately communicate with the court of that state to 12 25 resolve the emergency, protect the safety of the parties and 12 26 the child, and determine a period for the duration of the 12 27 temporary order. 12 28 Sec. 37. Section 598B.308, subsection 4, paragraph a, Code 12 29 Supplement 1999, is amended to read as follows: 12 30 a. The child-custody determination has not been registered 12 31 and confirmed under section 598B.305 and thatallany of the 12 32 following apply: 12 33 (1) The issuing court did not have jurisdiction under 12 34 article II. 12 35 (2) The child-custody determination for which enforcement 13 1 is sought has been vacated, stayed, or modified by a court 13 2 having jurisdiction to do so under article II. 13 3 (3) The respondent was entitled to notice, but notice was 13 4 not given in accordance with the standards of section 13 5 598B.108, in the proceedings before the court that issued the 13 6 order for which enforcement is sought. 13 7 Sec. 38. Section 633.20A, Code Supplement 1999, is amended 13 8 to read as follows: 13 9 633.20A PART-TIME ASSOCIATE PROBATE JUDGE – APPOINTMENT 13 10 – REMOVAL – QUALIFICATIONS. 13 11 The chief judge of a judicial district may appoint a part- 13 12 time associate probate judge and may remove the part-time 13 13 associate probate judge for cause following a hearing. The 13 14 part-time associate probate judge shall be an attorney 13 15 admitted to practice law in this state and shall be qualified 13 16 for the position by training and experience. 13 17 Sec. 39. Section 637.423, subsection 4, Code Supplement 13 18 1999, is amended to read as follows: 13 19 4. If a trust owns an interest in minerals, water, or 13 20 other natural resources on or before July 1,19992000, the 13 21 trustee may allocate receipts from the interest as provided in 13 22 this section or in the manner used by the trustee before July 13 23 1,19992000. If the trust acquires an interest in minerals, 13 24 water, or other natural resources after July 1,19992000, the 13 25 trustee shall allocate receipts from the interest as provided 13 26 in this section. 13 27 Sec. 40. Section 637.424, subsection 5, Code Supplement 13 28 1999, is amended to read as follows: 13 29 5. If a trust owns an interest in timberland on or before 13 30 July 1,19992000, the trustee may allocate net receipts from 13 31 the sale of timber and related products as provided in this 13 32 section or in the manner used by the trustee before July 1, 13 3319992000. If the trust acquires an interest in timberland 13 34 after July 1,19992000, the trustee shall allocate net 13 35 receipts from the sale of timber and related products as 14 1 provided in this section. 14 2 Sec. 41. Section 692.15, subsection 3, Code Supplement 14 3 1999, is amended to read as follows: 14 4 3. The law enforcement agency making an arrest and 14 5 securing fingerprints pursuant to section 690.2 or taking a 14 6 juvenile into custody and securing fingerprints pursuant to 14 7 section 232.148 shall fill out a final disposition report on 14 8 each arrest or taking into custody on a form and in the manner 14 9 prescribed by the commissioner of public safety. The final 14 10 disposition report shall be forwarded to the county attorney 14 11 in the county where the arrest or taking into custody occurred 14 12 or to the juvenile court officer who received the referral. 14 13 Sec. 42. Section 805.10, Code 1999, is amended to read as 14 14 follows: 14 15 805.10 REQUIRED COURT APPEARANCE. 14 16 1. Section 805.9 shall not apply to a scheduled violation 14 17 in any of the following circumstances: 14 181.a. When the violation charged involved or resulted in 14 19 an accident or injury to property and the total damages are 14 20 one thousand dollars or more, or in an injury to person. 14 212.b. When the violation created an immediate threat to 14 22 the safety of other persons or property because of highway 14 23 conditions, visibility, traffic, repetition, or other 14 24 circumstances. 14 25 c. When the violation charged involves the taking of an 14 26 animal for which there is a civil damage assessment in 14 27 addition to a criminal penalty. 14 28 2. In such cases, the defendant shall appear before the 14 29 court and regular procedure shall apply. If an information is 14 30 used the officer shall endorse thereon, "Court appearance 14 31 required." If a citation and complaint is used, the officer 14 32 shall strike out the space in which the defendant may admit 14 33 the violation before a scheduled violations office and shall 14 34 endorse thereon "Court appearance required" and the defendant 14 35 shall appear before the court either in person or by attorney. 15 13. When the violation charged involves the taking of an15 2animal for which there is a civil damage assessment in15 3addition to a criminal penalty.15 4 Sec. 43. Section 805.11, Code 1999, is amended to read as 15 5 follows: 15 6 805.11 OTHER PENALTIES. 15 7 If the defendant is convicted of a scheduled violation, the 15 8 penalty is the scheduled fine, without suspension of the fine 15 9 prescribed in section 805.8 together with costs assessed and 15 10 distributed as prescribed by section 602.8106, unless it 15 11 appears from the evidence that the violation was of the type 15 12 set forth in section 805.10, subsection 1or 2, paragraph "a" 15 13 or "b", in which event the scheduled fine does not apply and 15 14 the penalty shall be increased within the limits provided by 15 15 law for the offense. 15 16 Sec. 44. Section 904.809, subsection 5, paragraph d, Code 15 17 Supplement 1999, is amended to read as follows: 15 18 d. Of the amount credited to the inmate's general account, 15 19 the department shall deduct an amount representing any other 15 20 legal or administrative financial obligations of the inmate. 15 21 Sec. 45. Section 29B.116, Code 1999, is amended by 15 22 striking the word "rape" and inserting in lieu thereof the 15 23 words "sexual abuse". 15 24 Sec. 46. 1999 Iowa Acts, chapter 13, section 29, 15 25 subsection 8, is amended to read as follows: 15 26 8. Section 28, repealing sections 309.42, 309.56, and 15 27321.1321.21. 15 28 Sec. 47. 1999 Iowa Acts, chapter 55, section 5, is amended 15 29 to read as follows: 15 30 SEC. 5. TRANSITION TO FISCAL YEAR. The limit on foster 15 31 home liability established in section 237.13, subsection 6, 15 32 Code 1999, in effect for the calendar year beginning January 15 33 1, 1999, shall apply through June 30, 1999. This section of 15 34 this Act, being deemed of immediate importance, takes effect 15 35 upon enactment. 16 1 Sec. 48. 1999 Iowa Acts, chapter 131, section 3, is 16 2 amended to read as follows: 16 3 SEC. 3. EFFECTIVE DATE AND APPLICABILITY. This Act, being 16 4 deemed of immediate importance, takes effect upon enactment, 16 5 and shall apply to all claims of exemption under thissection16 6 Act made on or after the day of enactment. 16 7 Sec. 49. Section 322C.8, Code 1999, is repealed. 16 8 Sec. 50. EFFECTIVE DATES. 16 9 1. This section, being deemed of immediate importance, 16 10 takes effect upon enactment. 16 11 2. Section 46 of this Act, amending 1999 Iowa Acts, 16 12 chapter 13, section 29, being deemed of immediate importance, 16 13 takes effect upon enactment, and applies retroactively to 16 14 April 7, 1999. 16 15 3. Section 47 of this Act, amending 1999 Iowa Acts, 16 16 chapter 55, section 5, being deemed of immediate importance, 16 17 takes effect upon enactment, and applies retroactively to 16 18 April 23, 1999. 16 19 4. Section 48 of this Act, amending 1999 Iowa Acts, 16 20 chapter 131, section 3, being deemed of immediate importance, 16 21 takes effect upon enactment, and applies retroactively to May 16 22 17, 1999. 16 23 16 24 16 25 16 26 MARY E. KRAMER 16 27 President of the Senate 16 28 16 29 16 30 16 31 BRENT SIEGRIST 16 32 Speaker of the House 16 33 16 34 I hereby certify that this bill originated in the Senate and 16 35 is known as Senate File 2092, Seventy-eighth General Assembly. 17 1 17 2 17 3 17 4 MICHAEL E. MARSHALL 17 5 Secretary of the Senate 17 6 Approved , 2000 17 7 17 8 17 9 17 10 THOMAS J. VILSACK 17 11 Governor 17 12
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