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Bills and Amendments: General Index     Bill History: General Index



Senate File 2452

Partial Bill History

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                     MH/MR/DD ALLOWED GROWTH
  1  3    Section 1.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
  1  4 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT
  1  5 AND ALLOCATIONS.  There is appropriated from the general fund
  1  6 of the state to the department of human services for the
  1  7 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  1  8 the following amount, or so much thereof as is necessary, to
  1  9 be used for the purpose designated:
  1 10    For distribution to counties of the county mental health,
  1 11 mental retardation, and developmental disabilities allowed
  1 12 growth factor adjustment, in accordance with section 331.438,
  1 13 subsection 2, and section 331.439, subsection 3, and chapter
  1 14 426B:  
  1 15 .................................................. $ 26,492,712
  1 16    The funding appropriated in this section is the allowed
  1 17 growth factor adjustment for fiscal year 2001-2002, and is
  1 18 allocated as follows:
  1 19    1.  For distribution to counties for fiscal year 2001-2002
  1 20 in accordance with the formula in section 331.438, subsection
  1 21 2, paragraph "b":  
  1 22 .................................................. $ 12,000,000
  1 23    2.  For deposit in the per capita expenditure target pool
  1 24 created in the property tax relief fund pursuant to section
  1 25 426B.5, subsection 1:  
  1 26 .................................................. $  10,492,712
  1 27    In addition to the requirement of section 426B.5,
  1 28 subsection 1, paragraph "c", limiting eligibility for moneys
  1 29 appropriated in this paragraph to counties levying the maximum
  1 30 amount allowed, both of the following eligibility requirements
  1 31 are applicable:
  1 32    a.  In the fiscal year beginning July 1, 2000, the county's
  1 33 services fund ending balance under generally accepted
  1 34 accounting principles was equal to or less than 35 percent of
  1 35 the county's projected expenditures for that fiscal year.
  2  1    b.  The county is in compliance with the filing date
  2  2 requirements under section 331.403.
  2  3    3.  For deposit in the incentive and efficiency pool
  2  4 created in the property tax relief fund pursuant to section
  2  5 426B.5, subsection 2:  
  2  6 .................................................. $  2,000,000
  2  7    4.  For deposit in the risk pool created in the property
  2  8 tax relief fund pursuant to section 426B.5, subsection 3:  
  2  9 .................................................. $  2,000,000
  2 10    Sec. 2.  Section 426B.5, subsection 3, paragraph c,
  2 11 subparagraph (4), Code 1999, is amended to read as follows:
  2 12    (4)  A county receiving risk pool assistance in a fiscal
  2 13 year in which the county did not levy the maximum amount
  2 14 allowed for the county's mental health, mental retardation,
  2 15 and developmental disabilities services fund under section
  2 16 331.424A shall be required to repay the risk pool assistance
  2 17 in during the two succeeding fiscal year years.  The repayment
  2 18 amount shall be limited to the amount by which the actual
  2 19 amount levied was less than the maximum amount allowed.
  2 20    Sec. 3.  EFFECTIVE DATE.  Section 2 of this division of
  2 21 this Act, being deemed of immediate importance, takes effect
  2 22 upon enactment.
  2 23    Sec. 4.  2000 Iowa Acts, House File 2555, section 3,
  2 24 subsection 2, is amended by adding the following new
  2 25 paragraph:
  2 26    NEW PARAGRAPH.  d.  A POS provider that has negotiated a
  2 27 reimbursement rate increase with a host county as of July 1,
  2 28 2000, has the option of exemption from the provisions of this
  2 29 section.  Nothing in this section precludes a county from
  2 30 increasing reimbursement rates of POS providers that do not
  2 31 meet the criteria of this section or from increasing the rates
  2 32 by an amount that is greater than that specified in this
  2 33 section.
  2 34    Sec. 5.  Section 331.424A, subsection 6, paragraph c, as
  2 35 enacted by 2000 Iowa Acts, House File 2327, section 1, is
  3  1 amended to read as follows:
  3  2    c.  If a capital asset is owned by the county or the
  3  3 acquisition cost is charged to the county's general fund and
  3  4 the capital asset is used in part for a purpose payable from
  3  5 the county's services fund, the county's services fund shall
  3  6 annually reimburse the county's general fund for the use of
  3  7 the capital asset.  For capital assets acquired on or after
  3  8 July 1, 2000 2001, and for subsequent improvements of those
  3  9 capital assets, the reimbursement amount shall be in
  3 10 accordance with comparable federally approved depreciation
  3 11 schedules.  For capital assets for which appropriations were
  3 12 included in the county budget prior to July 1, 2000 2001, and
  3 13 for subsequent improvements of those capital assets, the
  3 14 reimbursement amount shall be the current fair market rate for
  3 15 use of the capital asset, as determined by an independent real
  3 16 estate appraiser.
  3 17    Sec. 6.  2000 Iowa Acts, House File 2327, section 5,
  3 18 subsection 2, is amended to read as follows:
  3 19    2.  If, as of the effective date of this Act April 13,
  3 20 2000, a county's base year expenditures includes expenditures
  3 21 for acquisition of a capital asset that effective July 1,
  3 22 2001, are to be charged to the county's general fund in
  3 23 accordance with section 331.424A, subsection 6, as enacted by
  3 24 this Act, the county shall petition the county finance
  3 25 committee by April 30 December 1, 2000, to approve an
  3 26 adjustment in the county's base year expenditures in an amount
  3 27 equal to those capital asset expenditures.  The amount of the
  3 28 county's base year expenditures shall be adjusted in
  3 29 accordance with the county finance committee's action.
  3 30    Sec. 7.  2000 Iowa Acts, House File 2327, section 5,
  3 31 subsection 3, is amended by striking the subsection.
  3 32    Sec. 8.  2000 Iowa Acts, House File 2327, section 5,
  3 33 subsection 4, is amended to read as follows:
  3 34    4.  If before the effective date of this section April 13,
  3 35 2000, the ownership or acquisition costs of a county's capital
  4  1 asset used in part for a purpose payable from the county's
  4  2 services fund were accrued to the county's services fund,
  4  3 beginning with the effective date of this Act July 1, 2001,
  4  4 any appropriations or revenues attributable to that capital
  4  5 asset shall instead be accrued to the county's general fund.
  4  6 Except as expressly authorized by this Act, the county shall
  4  7 not make any adjustment to the county's services fund or
  4  8 general fund to remunerate the services fund for such
  4  9 appropriations or revenues that were accrued to the services
  4 10 fund before the transfer of accrual to the general fund.
  4 11    Sec. 9.  2000 Iowa Acts, House File 2327, section 6, is
  4 12 amended to read as follows:
  4 13    SEC. 6.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  4 14 being deemed of immediate importance, takes effect upon
  4 15 enactment.  The amendments to section 331.424A, 331.427, and
  4 16 331.438, and the transition section in this Act are first
  4 17 applicable to county budgets and levies in effect for the
  4 18 fiscal year beginning July 1, 2000 2001, and ending June 30,
  4 19 2001 2002.
  4 20    Sec. 10.  EFFECTIVE DATE – RETROACTIVE APPLICABILITY.  The
  4 21 sections in this division of this Act amending 2000 Iowa Acts,
  4 22 House File 2327, being deemed of immediate importance, take
  4 23 effect upon enactment and are retroactively applicable to
  4 24 April 13, 2000.  
  4 25                           DIVISION II
  4 26             TOBACCO FUNDS – TRANSFER AND CASH FLOW
  4 27    Sec. 11.  TRANSFER OF FUNDS – TOBACCO SETTLEMENT FUND.
  4 28 From moneys deposited in the tobacco settlement fund created
  4 29 in section 12.65, the sum of sixty-four million six hundred
  4 30 thousand dollars is transferred to the general fund of the
  4 31 state for the fiscal year beginning July 1, 2000, and ending
  4 32 June 30, 2001.
  4 33    Sec. 12.  Section 12.65, Code 1999, is amended by striking
  4 34 the section and inserting in lieu thereof the following:
  4 35    12.65  TOBACCO SETTLEMENT ENDOWMENT FUND.
  5  1    1.  A tobacco settlement endowment fund is created in the
  5  2 office of the treasurer of state.  After payment of litigation
  5  3 costs, all moneys paid to the state pursuant to the master
  5  4 settlement agreement, as defined in section 453C.1, shall be
  5  5 deposited in the fund.
  5  6    2.  Any moneys paid to the state by the tobacco settlement
  5  7 authority pursuant to chapter 12E shall be deposited in the
  5  8 fund.  Additionally, the state's share of the moneys which are
  5  9 not sold to the tobacco settlement authority pursuant to
  5 10 chapter 12E shall be deposited in the fund.
  5 11    3.  Moneys deposited in the fund shall be used only in
  5 12 accordance with appropriations from the fund for purposes
  5 13 related to health care, substance abuse treatment and
  5 14 enforcement, tobacco use prevention and control, and other
  5 15 purposes related to the needs of children, adults, and
  5 16 families in the state.
  5 17    4.  A savings account for healthy Iowans is created within
  5 18 the tobacco settlement endowment fund.  Moneys, appropriated
  5 19 annually, shall be deposited in the account and shall be
  5 20 invested to provide an ongoing source of investment earnings.
  5 21    5.  Notwithstanding section 8.33, any unexpended balance in
  5 22 the fund at the end of the fiscal year shall be retained in
  5 23 the fund.  Notwithstanding section 12C.7, subsection 2,
  5 24 interest or earnings on investments or time deposits of the
  5 25 moneys in the tobacco settlement endowment fund, in the
  5 26 savings account for healthy Iowans, and in any other account
  5 27 established within the fund shall be credited to the tobacco
  5 28 settlement endowment fund, to the savings account for healthy
  5 29 Iowans, or to any other account established, respectively.
  5 30    6.  For the purposes of this section, "litigation costs"
  5 31 are those costs itemized by the attorney general and submitted
  5 32 to and approved by the attorney general.
  5 33    7.  Moneys in the fund shall be considered part of the
  5 34 general fund of the state for cash flow purposes only,
  5 35 provided any moneys used for cash flow purposes are returned
  6  1 to the fund by the close of each fiscal year.
  6  2    Sec. 13.  Section 12E.3, subsection 7, if enacted by 2000
  6  3 Iowa Acts, House File 2579, is amended to read as follows:
  6  4    7.  "Program plan" means the tobacco settlement program
  6  5 plan established in this chapter to provide for the
  6  6 implementation of the findings and purposes of this chapter.
  6  7    Sec. 14.  Section 12E.4, subsection 2, paragraph i, if
  6  8 enacted by 2000 Iowa Acts, House File 2579, is amended to read
  6  9 as follows:
  6 10    i.  To implement the purposes of this chapter as stated in
  6 11 the findings of the general assembly in section 12E.2.
  6 12    Sec. 15.  The sections in this division of this Act
  6 13 amending sections 12E.3 and 12E.4, being deemed of immediate
  6 14 importance, take effect upon enactment.
  6 15    Sec. 16.  REFERENCES.  References to the tobacco settlement
  6 16 fund in other enactments of the 2000 Session of the Seventy-
  6 17 eighth Iowa General Assembly, are references to the tobacco
  6 18 settlement endowment fund.
  6 19    Sec. 17.  CONDITIONAL EFFECTIVENESS.  Section 12.65,
  6 20 subsection 2, as enacted in this division of this Act, takes
  6 21 effect only if 2000 Iowa Acts, House File 2579 is enacted.  
  6 22                          DIVISION III
  6 23                  REDUCTION IN PHASE III MONEYS
  6 24    Sec. 18.  Section 294A.25, subsection 1, Code Supplement
  6 25 1999, is amended to read as follows:
  6 26    1.  For the fiscal year beginning July 1, 1998 2000, and
  6 27 for each succeeding year, there is appropriated from the
  6 28 general fund of the state to the department of education the
  6 29 amount of eighty-two eighty million eight hundred ninety-one
  6 30 thousand three hundred thirty-six dollars to be used to
  6 31 improve teacher salaries.  The moneys shall be distributed as
  6 32 provided in this section.  
  6 33                           DIVISION IV
  6 34                         MICROSOFT FUND
  6 35    Sec. 19.  NEW SECTION.  12.67  MICROSOFT SETTLEMENT FUND.
  7  1    A Microsoft settlement fund is created in the office of the
  7  2 treasurer of state.  The state portion of any moneys paid to
  7  3 the state by Microsoft in settlement of its federal antitrust
  7  4 trial or the state's antitrust lawsuit shall be deposited in
  7  5 the Microsoft settlement fund.  Moneys deposited in the fund
  7  6 shall be used only as provided in appropriations made by the
  7  7 general assembly.
  7  8    Notwithstanding section 12C.7, subsection 2, interest or
  7  9 earnings on moneys in the Microsoft settlement fund shall be
  7 10 credited to the Microsoft settlement fund.  
  7 11                           DIVISION V
  7 12             WASTE REDUCTION CENTER – NONREVERSION
  7 13    Sec. 20.  Notwithstanding section 8.33, moneys appropriated
  7 14 in 1999 Iowa Acts, chapter 208, section 25, to the state board
  7 15 of regents for the purpose of the Iowa waste reduction center
  7 16 at the university of northern Iowa that remain unencumbered or
  7 17 unobligated at the close of the fiscal year beginning July 1,
  7 18 1999, shall not revert but shall remain available for
  7 19 expenditure for the purpose for which the moneys were
  7 20 appropriated until the close of the fiscal year beginning July
  7 21 1, 2000.
  7 22    Sec. 21.  EFFECTIVE DATE.  This division of this Act, being
  7 23 deemed of immediate importance, takes effect upon enactment.  
  7 24                           DIVISION VI
  7 25                          MISCELLANEOUS
  7 26    Sec. 22.  NEW SECTION.  12C.26  REFUND FROM SINKING FUNDS.
  7 27    Upon recovery of a loss of public funds due to a failed
  7 28 Iowa financial institution, the treasurer of state may refund
  7 29 all or a portion of the recovered amount to the Iowa financial
  7 30 institutions that paid an assessment under this chapter as a
  7 31 result of that failure.
  7 32    Sec. 23.  Section 100B.1, subsection 1, as enacted by 2000
  7 33 Iowa Acts, House File 2492, section 8, is amended to read as
  7 34 follows:
  7 35    1.  The state fire service and emergency response council
  8  1 is established in the division of fire protection of the
  8  2 department of public safety.  The council shall consist of ten
  8  3 eleven voting members.  Members of the state fire service and
  8  4 emergency response council shall be appointed by the governor.
  8  5 The governor shall appoint members from the following
  8  6 organizations, chosen of the council from a list of names
  8  7 nominees submitted by each of the following organizations:
  8  8    a.  Two members from a list submitted by the Iowa firemen's
  8  9 association.
  8 10    b.  Two members from a list submitted by the Iowa fire
  8 11 chiefs' association.
  8 12    c.  One member from a list submitted by the Iowa
  8 13 association of professional fire fighters.
  8 14    d.  Two members from a list submitted by the Iowa
  8 15 association of professional fire chiefs.
  8 16    e.  One member from a list submitted by the Iowa fire
  8 17 fighters group.
  8 18    f.  One member from a list submitted by the Iowa emergency
  8 19 medical services association.
  8 20    A person nominated for membership on the council is not
  8 21 required to be a member of the organization that nominates the
  8 22 person.
  8 23    The tenth member and eleventh members of the council shall
  8 24 be a member members of the general public appointed by the
  8 25 governor.
  8 26    The labor commissioner, or the labor commissioner's
  8 27 designee, shall be a nonvoting ex officio member of the
  8 28 council.  Members of the council shall hold office commencing
  8 29 July 1, 2000, for four years and until their successors are
  8 30 appointed, except that three initial appointees shall be
  8 31 appointed for two years, three four initial appointees for
  8 32 three years, and four initial appointees for four years.
  8 33    The fire marshal or the fire marshal's designee shall
  8 34 attend each meeting of the council.
  8 35    Sec. 24.  Section 166D.7, subsection 4, paragraph a, Code
  9  1 1999, as amended by 2000 Iowa Acts, Senate File 2312, section
  9  2 10, is amended to read as follows:
  9  3    a.  The herd shall be certified when one hundred percent of
  9  4 breeding swine have reacted negatively to a test.  The herd
  9  5 must have been free from infection for thirty days prior to
  9  6 testing.  At least ninety percent of swine in the herd must
  9  7 have been on the premises as a part of the herd for at least
  9  8 sixty days prior to testing, or swine in the herd must have
  9  9 been directly moved or relocated from a qualified negative
  9 10 herd or qualified differentiable negative herd.  A
  9 11 differentiable vaccine must be administered at intervals in
  9 12 accordance with the package insert for that vaccine.  To
  9 13 remain certified, the herd must be retested and recertified as
  9 14 provided by the department.  The herd shall be recertified
  9 15 when each thirty days month at least twenty-five ten percent
  9 16 of the herd's breeding swine react negatively to a test.
  9 17    Sec. 25.  Section 256E.2, subsection 2, Code Supplement
  9 18 1999, is amended to read as follows:
  9 19    2.  The department shall adopt rules concerning the grant
  9 20 application and award process, including reasonable cost
  9 21 estimates for beginning teacher induction programs.  The
  9 22 department may disapprove a plan submitted by a board if the
  9 23 plan does not meet the minimum criteria set forth in section
  9 24 256E.3, subsection 2, or the plan exceeds the reasonable costs
  9 25 as determined by the department.  If the cost estimates
  9 26 submitted by a board exceed reasonable cost estimates as
  9 27 determined by the department, the department shall work with
  9 28 the board to identify measures for reducing plan costs.  If
  9 29 the department determines that moneys appropriated by the
  9 30 general assembly are insufficient to meet the grant requests
  9 31 for all approved beginning teacher induction program plans,
  9 32 the department shall award grants based on the geographic
  9 33 location and district population of the school districts with
  9 34 approved plans.  Grants may be awarded in subsequent years
  9 35 based upon the most recent plan on file with the department.
 10  1 It is the intent of the general assembly that the department
 10  2 approve plans that incorporate local innovation and take into
 10  3 consideration local needs.
 10  4    Sec. 26.  Section 322A.11, Code 1999, is amended by adding
 10  5 the following new subsection:
 10  6    NEW SUBSECTION.  5.  The fact that the dealership does not
 10  7 meet an index or standard established by the franchiser,
 10  8 unless the franchiser proves that the failure of the
 10  9 dealership to meet the index or standard will be substantially
 10 10 detrimental to the distribution of the franchiser's motor
 10 11 vehicles in the community.
 10 12    Sec. 27.  Section 421.38, subsection 1, paragraph a, Code
 10 13 1999, is amended to read as follows:
 10 14    a.  TIME AND FUNDING LIMIT.  A claim shall not be allowed
 10 15 by the department of revenue and finance if either of the
 10 16 following has occurred:
 10 17    (1)  The claim is presented after the lapse of three months
 10 18 from its accrual.
 10 19    (2)  The the appropriation or fund of certification
 10 20 available for paying the claim has been exhausted or proves
 10 21 insufficient.
 10 22    Sec. 28.  Section 421.38, subsection 1, paragraph b,
 10 23 unnumbered paragraph 1, Code 1999, is amended to read as
 10 24 follows:
 10 25    The time limitation set forth in paragraph "a",
 10 26 subparagraph (1), authority of the director is subject to the
 10 27 following exceptions:
 10 28    Sec. 29.  Section 554D.104, subsection 4, as enacted by
 10 29 2000 Iowa Acts, House File 2205, is amended to read as
 10 30 follows:
 10 31    4.  A choice of law provision, which is contained in a
 10 32 computer information agreement that governs a transaction
 10 33 subject to this chapter, that which provides that the contract
 10 34 is to be interpreted pursuant to the laws of a state that has
 10 35 enacted the uniform computer information transactions Act, as
 11  1 proposed by the national conference of commissioners on
 11  2 uniform state laws, or any substantially similar law, is
 11  3 voidable and the agreement shall be interpreted pursuant to
 11  4 the laws of this state if the party against whom enforcement
 11  5 of the choice of law provision is sought is a resident of this
 11  6 state or has its principal place of business located in this
 11  7 state.  For purposes of this subsection, a "computer
 11  8 information agreement" means an agreement that would be
 11  9 governed by the uniform computer information transactions Act
 11 10 or substantially similar law as enacted in the state specified
 11 11 in the choice of laws provision if that state's law were
 11 12 applied to the agreement.
 11 13    Sec. 30.  2000 Iowa Acts, Senate File 2453, section 5,
 11 14 subsection 2, is amended to read as follows:
 11 15    2.  For facility utilization review services including a
 11 16 program statement, site recommendations, schematic designs,
 11 17 and other design development for additional facilities which
 11 18 will meet laboratory, office, and other facility needs of
 11 19 state agencies, including but not limited to interim or long-
 11 20 term leasing and relocation needs related to such projects,
 11 21 notwithstanding section 8.57, subsection 5, paragraph "c":  
 11 22 .................................................. $  3,200,000
 11 23    Sec. 31.  2000 Iowa Acts, Senate File 2453, section 5,
 11 24 subsection 3, is amended by adding the following new
 11 25 unnumbered paragraph:
 11 26    NEW UNNUMBERED PARAGRAPH.  The department shall adhere to
 11 27 the competitive bidding requirements of chapter 18 for all
 11 28 routine maintenance projects having a total cost of $25,000 or
 11 29 more.
 11 30    Sec. 32.  2000 Iowa Acts, House File 2533, section 28,
 11 31 subsections 2 and 29, are amended to read as follows:
 11 32    2.  For school lunch program, grant number 10555:  
 11 33 .................................................. $ 50,293,658
 11 34                                                      50,075,000
 11 35    29.  For education of handicapped – infants and toddlers,
 12  1 grant number 84181:  
 12  2 .................................................. $  2,869,783
 12  3                                                       2,863,283
 12  4    Sec. 33.  2000 Iowa Acts, House File 2533, section 38, is
 12  5 amended to read as follows:
 12  6    SEC. 38.  JUDICIAL BRANCH.  Federal grants, receipts, and
 12  7 funds and other nonstate grants, receipts, and funds,
 12  8 available in whole or in part for the fiscal year beginning
 12  9 July 1, 2000, and ending June 30, 2001, are appropriated to
 12 10 the judicial branch for the purposes set forth in the grants,
 12 11 receipts, or conditions accompanying the receipt of the funds,
 12 12 unless otherwise provided by law.  The following amount is
 12 13 amounts are appropriated to the judicial branch for the fiscal
 12 14 year beginning July 1, 2000, and ending June 30, 2001:
 12 15    1.  For United States department of health and human
 12 16 services, grant number 13000:  
 12 17 .................................................. $    150,000
 12 18    2.  For United States department of justice, grant number,
 12 19 16000:  
 12 20 .................................................. $    177,028
 12 21    Sec. 34.  2000 Iowa Acts, House File 2533, section 39,
 12 22 subsection 1, is amended to read as follows:
 12 23    1.  For United States department of justice, grant number
 12 24 16000:  
 12 25 .................................................. $     28,988
 12 26                                                       5,450,000
 12 27    Sec. 35.  2000 Iowa Acts, House File 2533, section 47, is
 12 28 amended by adding the following new subsections:
 12 29    NEW SUBSECTION.  34.  For United States department of
 12 30 justice, grant number 16000:  
 12 31 .................................................. $     28,988
 12 32    NEW SUBSECTION.  35.  For state and community highway
 12 33 safety, grant number 20600:  
 12 34 .................................................. $     90,000
 12 35    NEW SUBSECTION.  36.  For education of handicapped –
 13  1 infants and toddlers, grant number 84181:  
 13  2 .................................................. $      6,500
 13  3    Sec. 36.  2000 Iowa Acts, House File 2533, section 48,
 13  4 subsections 2 and 4, are amended to read as follows:
 13  5    2.  For department of justice, grant number 16000:  
 13  6 .................................................. $  6,684,071
 13  7                                                       1,017,293
 13  8    4.  For state and community highway safety, grant number
 13  9 20600:  
 13 10 .................................................. $  2,534,863
 13 11                                                       2,444,863
 13 12    Sec. 37.  2000 Iowa Acts, House File 2533, section 49,
 13 13 subsection 4, is amended to read as follows:
 13 14    4.  For school lunch program, grant number 10555:  
 13 15 .................................................. $     10,010
 13 16                                                         228,668
 13 17    Sec. 38.  2000 Iowa Acts, House File 475, section 5, is
 13 18 repealed.
 13 19    Sec. 39.  EFFECTIVE DATE.  The section in this division of
 13 20 this Act amending section 166D.7, being deemed of immediate
 13 21 importance, takes effect upon enactment.
 13 22    Sec. 40.  EFFECTIVE DATE – RETROACTIVE APPLICABILITY.  The
 13 23 section in this division of this Act enacting section 12C.26,
 13 24 being deemed of immediate importance, takes effect upon
 13 25 enactment and applies retroactively to refunds of assessments
 13 26 collected under chapter 12C on or after January 1, 2000.  
 13 27                          DIVISION VII
 13 28                      CORRECTIVE AMENDMENTS
 13 29    Sec. 41.  Section 2D.3, as enacted by 2000 Iowa Acts, House
 13 30 File 2442, section 3, is amended to read as follows:
 13 31    2D.3  LEGISLATIVE BRANCH PROTOCOL OFFICER.
 13 32    The legislative service bureau shall employ a legislative
 13 33 branch protocol officer to coordinate activities related to
 13 34 state, national, and international visitors to the state
 13 35 capitol or with an interest in the general assembly, and
 14  1 related to travel of members of the general assembly abroad.
 14  2 The protocol officer shall serve in a consultative capacity
 14  3 and shall provide staff support to the international relations
 14  4 advisory council.  The protocol officer shall also work with
 14  5 the executive branch protocol officer to coordinate state,
 14  6 national, and international relations activities.  The
 14  7 legislative branch protocol officer shall submit periodic
 14  8 reports to the international relations committee of the
 14  9 legislative council regarding the visits of state, national,
 14 10 and international visitors and regarding international
 14 11 activities.
 14 12    Sec. 42.  Section 12.73, subsection 1, as enacted by 2000
 14 13 Iowa Acts, Senate File 2447, section 17, is amended to read as
 14 14 follows:
 14 15    1.  It is the intention of the general assembly that a
 14 16 pledge made in respect of bonds or notes shall be valid and
 14 17 binding from the time the pledge is made, that the money or
 14 18 property so pledged and received after the pledge by the
 14 19 authority treasurer of state shall immediately be subject to
 14 20 the lien of the pledge without physical delivery or further
 14 21 act, and that the lien of the pledge shall be valid and
 14 22 binding as against all parties having claims of any kind in
 14 23 tort, contract, or otherwise against the treasurer of state
 14 24 whether or not the parties have notice of the lien.
 14 25    Sec. 43.  Section 12.83, as enacted by 2000 Iowa Acts,
 14 26 Senate File 2447, section 23, is amended to read as follows:
 14 27    12.83  PLEDGES.
 14 28    1.  It is the intention of the general assembly that a
 14 29 pledge made in respect of bonds or notes shall be valid and
 14 30 binding from the time the pledge is made, that the money or
 14 31 property so pledged and received after the pledge by the
 14 32 authority treasurer of state shall immediately be subject to
 14 33 the lien of the pledge without physical delivery or further
 14 34 act, and that the lien of the pledge shall be valid and
 14 35 binding as against all parties having claims of any kind in
 15  1 tort, contract, or otherwise against the treasurer of state
 15  2 whether or not the parties have notice of the lien.
 15  3    2.  The state pledges to and agrees with the holders of
 15  4 bonds or notes issued under section 12.81, that the state will
 15  5 not limit or alter the rights and powers vested in the
 15  6 treasurer of state to fulfill the terms of a contract made by
 15  7 the treasurer of state with respect to the bonds or notes, or
 15  8 in any way impair the rights and remedies of the holders until
 15  9 the bonds and notes, together with the interest on them
 15 10 including interest on unpaid installments of interest, and all
 15 11 costs and expenses in connection with an action or proceeding
 15 12 by or on behalf of the holders, are fully met and discharged.
 15 13 The treasurer of state is authorized to include this pledge
 15 14 and agreement of the state, as it refers to holders of bonds
 15 15 or notes of the authority treasurer of state, in a contract
 15 16 with the holders.
 15 17    Sec. 44.  Section 15F.304, subsection 3, paragraph h,
 15 18 subparagraph (4), as enacted by 2000 Iowa Acts, Senate File
 15 19 2447, section 14, is amended to read as follows:
 15 20    (4)  Conservation of open space and farmland and preserve
 15 21 preservation of critical environmental areas.
 15 22    Sec. 45.  Section 30.2, subsection 2, Code 1999, is amended
 15 23 to read as follows:
 15 24    2.  The commission is composed of twelve members appointed
 15 25 by the governor.  One member shall be appointed to represent
 15 26 the department of agriculture and land stewardship, one to
 15 27 represent the department of workforce development, one to
 15 28 represent the department of justice, one to represent the
 15 29 department of natural resources, one to represent the
 15 30 department of public defense, one to represent the Iowa
 15 31 department of public health, one to represent the department
 15 32 of public safety, one to represent the state department of
 15 33 transportation, one to represent the state fire service
 15 34 institute of the Iowa state university of science and
 15 35 technology and emergency response council, and one to
 16  1 represent the office of the governor.  Two representatives
 16  2 from private industry shall also be appointed by the governor,
 16  3 subject to confirmation by the senate.
 16  4    Sec. 46.  Section 85.3, subsection 3, unnumbered paragraph
 16  5 1, as enacted by 2000 Iowa Acts, Senate File 2373, section 1,
 16  6 is amended to read as follows:
 16  7    Service of process or original notice upon a nonresident
 16  8 employer may be performed as provided in section 617.3 or as
 16  9 provided in the Iowa rules of civil procedure.  In addition,
 16 10 service may be made on any corporation, individual, personal
 16 11 representative, partnership, or association that has the
 16 12 necessary minimum contact with this state as provided in rule
 16 13 of civil procedure 56.1 within or without this state or if
 16 14 such service cannot be made, in any manner consistent with due
 16 15 process of law prescribed by the workers' compensation
 16 16 commission commissioner.
 16 17    Sec. 47.  Section 88.6, subsection 9, as enacted by 2000
 16 18 Iowa Acts, House File 2492, section 6, is amended to read as
 16 19 follows:
 16 20    9.  Reports of inspections and investigations involving the
 16 21 occupational safety and health for fire fighters shall be
 16 22 presented to the state fire service and emergency response
 16 23 council.
 16 24    Sec. 48.  Section 135.110, subsection 1, paragraph a,
 16 25 subparagraph (1), as enacted by 2000 Iowa Acts, House File
 16 26 2362, section 3, is amended to read as follows:
 16 27    (1)  The causes and manner of domestic abuse deaths,
 16 28 including an analysis of factual information obtained through
 16 29 review of domestic abuse death certificates and domestic abuse
 16 30 death data, including patient records and other pertinent
 16 31 confidential and public information concerning domestic abuse
 16 32 deaths.
 16 33    Sec. 49.  Section 148E.3, subsection 1, as enacted by 2000
 16 34 Iowa Acts, Senate File 182, section 7, is amended to read as
 16 35 follows:
 17  1    1.  A person otherwise licensed to practice medicine and
 17  2 surgery, osteopathy, osteopathic medicine and surgery,
 17  3 chiropractic, podiatry, or dentistry who is exclusively
 17  4 engaged in the practice of the person's professions
 17  5 profession.
 17  6    Sec. 50.  Section 152.7, unnumbered paragraph 3, as enacted
 17  7 by 2000 Iowa Acts, House File 2105, section 5, is amended to
 17  8 read as follows:
 17  9    For purposes of licensure pursuant to the nurse licensure
 17 10 compact contained in section 152E.1, the compact administrator
 17 11 may refuse to accept a change in the qualifications for
 17 12 licensure as a registered nurse or as a licensed practical or
 17 13 vocational nurse by a licensing authority in another state
 17 14 which is a party to the compact which substantially modifies
 17 15 that state's qualifications for licensure in effect on July 1,
 17 16 2000.  A refusal to accept a change in a party state's
 17 17 qualifications for licensure may result in submitting the
 17 18 issue to an arbitration panel or in withdrawal from the
 17 19 compact, in at the discretion of the compact administrator.
 17 20    Sec. 51.  Section 152E.1, article II, sections i, k, l, and
 17 21 n, as enacted by 2000 Iowa Acts, House File 2105, section 8,
 17 22 are amended to read as follows:
 17 23    i.  "Nurse" means a registered nurse or licensed practical
 17 24 or vocational nurse, as those terms are defined by each
 17 25 party's state party state's practice laws.
 17 26    k.  "Remote state" means a party state, other than the home
 17 27 state, where either of the following applies:
 17 28    1.  Where the patient is located at the time nursing care
 17 29 is provided.
 17 30    2.  In the case of the practice of nursing not involving a
 17 31 patient, in such party state where the recipient of nursing
 17 32 practice care is located.
 17 33    l.  "Remote state action" means either of the following:
 17 34    1.  Any administrative, civil, equitable, or criminal
 17 35 action permitted by a remote state's laws which are is imposed
 18  1 on a nurse by the remote state's licensing board or other
 18  2 authority, including actions against an individual's
 18  3 multistate licensure privilege to practice in the remote
 18  4 state.
 18  5    2.  Cease and desist and other injunctive or equitable
 18  6 orders issued by remote states or the licensing boards' boards
 18  7 of remote states.
 18  8    n.  "State practice laws" means those individual party's
 18  9 party state laws and regulations that govern the practice of
 18 10 nursing, define the scope of nursing practice, and create the
 18 11 methods and grounds for imposing discipline.  "State practice
 18 12 laws" does not include the initial qualifications for
 18 13 licensure or requirements necessary to obtain and retain a
 18 14 license, except for qualifications or requirements of the home
 18 15 state.
 18 16    Sec. 52.  Section 152E.1, article III, sections a and e, as
 18 17 enacted by 2000 Iowa Acts, House File 2105, section 8, are
 18 18 amended to read as follows:
 18 19    a.  A license to practice registered nursing issued by a
 18 20 home state to a resident in that state will shall be
 18 21 recognized by each party state as authorizing a multistate
 18 22 licensure privilege to practice as a registered nurse in such
 18 23 party state.  A license to practice licensed practical or
 18 24 vocational nursing issued by a home state to a resident in
 18 25 that state will shall be recognized by each party state as
 18 26 authorized authorizing a multistate licensure privilege to
 18 27 practice as a licensed practical or vocational nurse in such
 18 28 party state.  In order to obtain or retain a license, an
 18 29 applicant must meet the home state's qualifications for
 18 30 licensure and license renewal as well as all other applicable
 18 31 state laws.
 18 32    e.  Individuals not residing in a party state shall
 18 33 continue to be able to apply for nurse licensure as provided
 18 34 for under the laws of each party state.  However, the license
 18 35 granted to these individuals will shall not be recognized as
 19  1 granting the privilege to practice nursing in any other party
 19  2 state unless explicitly agreed to by that party state.
 19  3    Sec. 53.  Section 152E.1, article IV, sections c and d, as
 19  4 enacted by 2000 Iowa Acts, House File 2105, section 8, are
 19  5 amended to read as follows:
 19  6    c.  A nurse who intends to change the nurse's primary state
 19  7 of residence may apply for licensure in the new home state in
 19  8 advance of such change.  However, new licenses will shall not
 19  9 be issued by a party state until after a nurse provides
 19 10 evidence of change in the nurse's primary state of residence
 19 11 satisfactory to the new home state's licensing board.
 19 12    d.  1.  If a nurse changes the nurse's primary state of
 19 13 residence by moving between two party states, and obtains a
 19 14 license from the new home state, the license from the former
 19 15 home state is no longer valid.
 19 16    2.  If a nurse changes the nurse's primary state of
 19 17 residence by moving from a nonparty state to a party state,
 19 18 and obtains a license from the new home state, the individual
 19 19 state license issued by the nonparty state is not affected and
 19 20 will shall remain in full force if so provided by the laws of
 19 21 the nonparty state.
 19 22    3.  If a nurse changes the nurse's primary state of
 19 23 residence by moving from a party state to a nonparty state,
 19 24 the license issued by the prior home state converts to an
 19 25 individual state license, valid only in the former home state,
 19 26 without the multistate licensure privilege to practice in
 19 27 other party states.
 19 28    Sec. 54.  Section 152E.1, article VI, section c, as enacted
 19 29 by 2000 Iowa Acts, House File 2105, section 8, is amended to
 19 30 read as follows:
 19 31    c.  Issue cease and desist orders or to limit or revoke a
 19 32 nurse's authority to practice in the nurse's state.
 19 33    Sec. 55.  Section 152E.1, article VII, sections a and d, as
 19 34 enacted by 2000 Iowa Acts, House File 2105, section 8, are
 19 35 amended to read as follows:
 20  1    a.  All party states shall participate in a cooperative
 20  2 effort to create a coordinated database of all licensed
 20  3 registered nurses and licensed practical or vocational nurses.
 20  4 This system will shall include information on the licensure
 20  5 and disciplinary history of each nurse, as contributed by
 20  6 party states, to assist in the coordination of nurse licensure
 20  7 and enforcement efforts.
 20  8    d.  Notwithstanding any other provision of law, all party
 20  9 states' licensing boards contributing information to the
 20 10 coordinated licensure information system may designate
 20 11 information that may shall not be shared with nonparty states
 20 12 or disclosed to other entities or individuals without the
 20 13 express permission of the contributing state.
 20 14    Sec. 56.  Section 232.2, subsection 4, unnumbered paragraph
 20 15 1, Code Supplement 1999, as amended by 2000 Iowa Acts, Senate
 20 16 File 2344, section 4, is amended to read as follows:
 20 17    "Case permanency plan" means the plan, mandated by Pub. L.
 20 18 No. 96-272 and Pub. L. No. 105-89, as codified in 42 U.S.C. }
 20 19 622(b)(10), 671(a)(16), and 675(1),(5), which is designed to
 20 20 achieve placement in the most appropriate, least restrictive,
 20 21 and most family-like, and most appropriate setting available
 20 22 and in close proximity to the parent's home, consistent with
 20 23 the best interests and special needs of the child, and which
 20 24 considers the placement's proximity to the school in which the
 20 25 child is enrolled at the time of placement.  The plan shall be
 20 26 developed by the department or agency involved and the child's
 20 27 parent, guardian, or custodian.  The plan shall specifically
 20 28 include all of the following:
 20 29    Sec. 57.  Section 232.8, subsection 1, paragraph c, Code
 20 30 1999, as amended by 2000 Iowa Acts, House File 723, section 1,
 20 31 is amended to read as follows:
 20 32    c.  Violations by a child, age sixteen or older, which
 20 33 subject the child to the provisions of section 124.401,
 20 34 subsection 1, paragraph "e" or "f", or violations of section
 20 35 723A.2 which involve a violation of chapter 724, or violation
 21  1 of chapter 724 which constitutes a felony, or violations which
 21  2 constitute a forcible felony are excluded from the
 21  3 jurisdiction of the juvenile court and shall be prosecuted as
 21  4 otherwise provided by law unless the court transfers
 21  5 jurisdiction of the child to the juvenile court upon motion
 21  6 and for good cause.  A child over whom jurisdiction has not
 21  7 been transferred to the juvenile court, and who is convicted
 21  8 of a violation excluded from the jurisdiction of the juvenile
 21  9 court under this paragraph, shall be sentenced pursuant to
 21 10 section 124.401B, 902.9, or 903.1.  Notwithstanding any other
 21 11 provision of the Code to the contrary, the court may accept
 21 12 from a child a plea of guilty, or may instruct the jury on a
 21 13 lesser included offense to the offense excluded from the
 21 14 jurisdiction of the juvenile court under this section, in the
 21 15 same manner as regarding an adult.  However, the juvenile
 21 16 court shall have exclusive original jurisdiction in a
 21 17 proceeding concerning an offense of livestock torture as
 21 18 provided in section 717.3 or animal torture as provided in
 21 19 section 717B.3A alleged to have been committed by a child
 21 20 under the age of seventeen.
 21 21    Sec. 58.  Section 232.8, subsection 3, unnumbered paragraph
 21 22 2, as enacted by 2000 Iowa Acts, House File 723, section 2, is
 21 23 amended to read as follows:
 21 24    This subsection does not apply in a proceeding concerning
 21 25 an offense of livestock torture as provided in section 717.3
 21 26 or animal torture as provided in section 717B.3A alleged to
 21 27 have been committed by a child under the age of seventeen.
 21 28    Sec. 59.  Section 249H.2, subsection 1, paragraphs a and b,
 21 29 as enacted by 2000 Iowa Acts, Senate File 2193, section 2, are
 21 30 amended to read as follows:
 21 31    a.  The preservation, improvement, and coordination of the
 21 32 health care infrastructure of Iowa is are critical to the
 21 33 health and safety of Iowans.
 21 34    b.  An increasing number of seniors and persons with
 21 35 disabilities in the state require requires long-term care
 22  1 services provided outside of a medical institution.
 22  2    Sec. 60.  Section 249H.3, subsection 1, as enacted by 2000
 22  3 Iowa Acts, Senate File 2193, section 3, is amended to read as
 22  4 follows:
 22  5    1.  "Affordable" means rates for payment of services which
 22  6 do not exceed the rates established for providers of medical
 22  7 and health services under the medical assistance program with
 22  8 eligibility for an individual equal to the eligibility for
 22  9 medical assistance pursuant to section 249A.3.  In relation to
 22 10 services provided by a provider of services under a home and
 22 11 community-based waiver, "affordable" means that the total
 22 12 monthly cost of the home and community-based waiver services
 22 13 provided do does not exceed the cost for that level of care as
 22 14 established by rule by the department of human services,
 22 15 pursuant to chapter 17A, in consultation with the department
 22 16 of elder affairs.
 22 17    Sec. 61.  Section 249H.6, subsection 12, as enacted by 2000
 22 18 Iowa Acts, Senate File 2193, section 6, is amended to read as
 22 19 follows:
 22 20    12.  The senior living coordinating unit shall review
 22 21 projects that receive grants under this section to ensure that
 22 22 the goal to provide alternatives to nursing facility care is
 22 23 being met and that an adequate number of nursing facility
 22 24 services remain remains to meet the needs of Iowans.
 22 25    Sec. 62.  Section 249H.8, subsection 1, as enacted by 2000
 22 26 Iowa Acts, Senate File 2193, section 8, is amended to read as
 22 27 follows:
 22 28    1.  A person operating a PACE program shall have a PACE
 22 29 program agreement with the health care financing
 22 30 administration of the United States department of health and
 22 31 human services, shall enter into a contract with the
 22 32 department of human services and shall comply with 42 U.S.C. }
 22 33 1396(u)(4) and all regulations promulgated pursuant to that
 22 34 section.
 22 35    Sec. 63.  Section 261.19B, Code 1999, as amended by 2000
 23  1 Iowa Acts, Senate File 2248, section 13, is amended to read as
 23  2 follows:
 23  3    261.19B  OSTEOPATHIC PHYSICIAN RECRUITMENT REVOLVING FUND.
 23  4    An osteopathic physician recruitment revolving fund is
 23  5 created in the state treasury as a separate fund under the
 23  6 control of the commission.  The commission shall deposit
 23  7 payments made by osteopathic physician recruitment recipients
 23  8 and the proceeds from the sale of osteopathic loans into the
 23  9 osteopathic loan physician recruitment revolving fund.  Moneys
 23 10 credited to the fund shall be used to supplement moneys
 23 11 appropriated for the osteopathic physician recruitment
 23 12 program, for loan forgiveness to eligible physicians, and to
 23 13 pay for loan or interest repayment defaults by eligible
 23 14 physicians.  Notwithstanding section 8.33, any balance in the
 23 15 fund on June 30 of any fiscal year shall not revert to the
 23 16 general fund of the state.
 23 17    Sec. 64.  Section 279.52, unnumbered paragraph 1, Code
 23 18 1999, as amended by 2000 Iowa Acts, House File 2435, section
 23 19 1, is amended to read as follows:
 23 20    The board of directors may pay the actual cost of an
 23 21 asbestos project from any funds in the general fund of the
 23 22 district, funds received from the physical plant and equipment
 23 23 levy, or moneys obtained through a federal asbestos loan
 23 24 program, to be repaid from any of the funds specified in this
 23 25 subsection section over a three-year period.
 23 26    Sec. 65.  Section 306.11, Code 1999, as amended by 2000
 23 27 Iowa Acts, Senate File 2194, section 1, is amended to read as
 23 28 follows:
 23 29    306.11  HEARING – PLACE – DATE.
 23 30    In proceeding to the vacation and closing of a road, part
 23 31 thereof, or railroad crossing, the agency in control of the
 23 32 road, or road system, shall fix a date for a hearing on the
 23 33 vacation and closing in the county where the road, or part
 23 34 thereof, or crossing, is located, and if located in more than
 23 35 one county, then in a county in which any part of the road or
 24  1 crossing is located.  If the road to be vacated or changed is
 24  2 a secondary road located in more than one county, the boards
 24  3 of supervisors of the counties, acting jointly, shall fix a
 24  4 date for a hearing on the vacation or change in either or any
 24  5 of the counties where the road, or part thereof, is located.
 24  6 If the proposed vacation is of part of a road right-of-way
 24  7 held by easement and will not change the existing traveled
 24  8 portion of the road or deny access to the road by adjoining
 24  9 landowners, a hearing is not required.
 24 10    Sec. 66.  Section 322.3, subsection 14, paragraph b,
 24 11 unnumbered paragraph 1, as enacted by 2000 Iowa Acts, House
 24 12 File 2106, section 1, is amended to read as follows:
 24 13    A manufacturer or importer from temporarily owning an
 24 14 interest in a motor vehicle dealership for the purpose of
 24 15 enhancing opportunities for persons who lack the financial
 24 16 resources to purchase the motor vehicle dealership without
 24 17 such assistance.  A manufacturer or importer may temporarily
 24 18 own an interest in a motor vehicle dealership pursuant to this
 24 19 paragraph only if the manufacturer or importer enters into a
 24 20 contract with a person pursuant to whom which all of the
 24 21 following apply:
 24 22    Sec. 67.  Section 331.506, subsection 1, paragraphs b, c,
 24 23 and d, as enacted by 2000 Iowa Acts, Senate File 2047, section
 24 24 1, if 2000 Iowa Acts, House File 2205 is enacted, are amended
 24 25 to read as follows:
 24 26    b.  The auditor shall not issue a warrant to a drawee until
 24 27 the auditor has transmitted to the treasurer a list of the
 24 28 warrants to be issued.  The list shall include the date,
 24 29 amount, and number of the warrant, name of the person to whom
 24 30 the warrant is issued, and the purpose for which the warrant
 24 31 is issued.  The treasurer shall acknowledge receipt of the
 24 32 list by affixing the treasurer's signature at the bottom of
 24 33 the list and immediately returning the list to the auditor.
 24 34 The requirement that the treasurer sign to acknowledge receipt
 24 35 of the list is satisfied by use of a digital signature or
 25  1 other secure electronic signature if the county auditor and
 25  2 treasurer have complied with the applicable provisions of
 25  3 chapter 554C 554D.
 25  4    c.  The warrant list signed by the treasurer shall be
 25  5 preserved by the auditor for at least two years.  The
 25  6 requirement that the list be preserved is satisfied by
 25  7 preservation of the list in electronic form if the
 25  8 requirements of section 554C.205 554D.113 are met.
 25  9    d.  The requirement that the county auditor sign a warrant
 25 10 is satisfied by use of a digital signature or other secure
 25 11 electronic signature if the county auditor has complied with
 25 12 the applicable provisions of chapter 554C 554D.
 25 13    Sec. 68.  Section 331.554, subsection 4, Code 1999, as
 25 14 amended by 2000 Iowa Acts, Senate File 2047, section 3, if
 25 15 2000 Iowa Acts, House File 2205 is enacted, is amended to read
 25 16 as follows:
 25 17    4.  The treasurer shall return the paid warrants to the
 25 18 auditor.  The original warrant shall be preserved for at least
 25 19 two years.  The requirement that the original warrant be
 25 20 preserved is satisfied by preservation of the warrant in
 25 21 electronic form if the requirements of section 554C.205
 25 22 554D.113 are met.  The treasurer shall make monthly reports to
 25 23 show for each warrant the number, date, drawee's name, when
 25 24 paid, to whom paid, original amount, and interest.
 25 25    Sec. 69.  Section 411.22, subsection 1, unnumbered
 25 26 paragraph 1, as enacted by 2000 Iowa Acts, Senate File 2411,
 25 27 section 109, is amended to read as follows:
 25 28    If a member receives an injury or dies for which benefits
 25 29 are payable under section 411.6, subsection 3, 5, 8, or 9, or
 25 30 section 411.15, and if the injury or death is caused under
 25 31 circumstances creating a legal liability for damages against a
 25 32 third party other than the retirement system, the retirement
 25 33 system is subrogated to the rights of the member or the
 25 34 member's legal representative beneficiary entitled to receive
 25 35 a death benefit and may maintain an action for damages against
 26  1 the third party for lost earnings and lost earnings capacity.
 26  2 If the retirement system recovers damages in the action, the
 26  3 court shall enter judgment for distribution of the recovery as
 26  4 follows:
 26  5    Sec. 70.  Section 453A.3, subsection 1, Code 1999, is
 26  6 amended to read as follows:
 26  7    1.  A person who violates section 453A.2, subsection 1, or
 26  8 section 453A.39 is guilty of a simple misdemeanor.
 26  9    Sec. 71.  Section 453A.22, subsection 2, unnumbered
 26 10 paragraph 1, Code 1999, is amended to read as follows:
 26 11    If a retailer or employee of a retailer has violated
 26 12 section 453A.2, or section 453A.36, subsection 6, or 453A.39,
 26 13 the department or local authority, in addition to the other
 26 14 penalties fixed for such violations in this section, shall
 26 15 assess a penalty upon the same hearing and notice as
 26 16 prescribed in subsection 1 as follows:
 26 17    Sec. 72.  Section 455B.171, subsection 31B, as enacted by
 26 18 2000 Iowa Acts, Senate File 2371, section 9, is amended to
 26 19 read as follows:
 26 20    31B.  "Section 305(b) list report" means any report or list
 26 21 required under 33 U.S.C. } 1315(b).
 26 22    Sec. 73.  Section 455B.193, unnumbered paragraph 2, as
 26 23 enacted by 2000 Iowa Acts, Senate File 2371, section 10, is
 26 24 amended to read as follows:
 26 25    The department of natural resources shall develop a
 26 26 methodology for water quality assessments as used in the
 26 27 section 303(d) listings lists and assess the validity of the
 26 28 data.
 26 29    Sec. 74.  Section 462A.14, subsection 12, paragraph d, as
 26 30 enacted by 2000 Iowa Acts, House File 2331, section 2, if 2000
 26 31 Iowa Acts, House File 2511 is enacted, is amended to read as
 26 32 follows:
 26 33    d.  The court may prescribe the length of time for the
 26 34 evaluation and treatment or the court may request that the
 26 35 community college or licensed substance abuse program
 27  1 conducting the course for drinking drivers which the defendant
 27  2 is ordered to attend or the treatment program to which the
 27  3 defendant is committed immediately report to the court when
 27  4 the defendant has received maximum benefit from the course for
 27  5 drinking drivers or treatment program or has recovered from
 27  6 the defendant's addiction, dependency, or tendency to
 27  7 chronically abuse alcohol or drugs.
 27  8    Sec. 75.  Section 466.4, subsections 2 and 5, as enacted by
 27  9 2000 Iowa Acts, Senate File 2371, section 5, are amended to
 27 10 read as follows:
 27 11    2.  The department of agriculture and land stewardship
 27 12 shall request the assistance of and consult with the United
 27 13 States department of agriculture agriculture's natural
 27 14 resources conservation service and farm service agency to
 27 15 implement the conservation reserve enhancement program.  The
 27 16 department shall also consult with county boards of
 27 17 supervisors, county conservation boards, drainage district
 27 18 representatives, department of natural resources, and soil and
 27 19 water conservation districts affected by the implementation of
 27 20 the conservation reserve enhancement program.  The department
 27 21 shall also collaborate with other public agencies and private
 27 22 organizations to develop wetland habitat and related projects
 27 23 to improve water quality.
 27 24    5.  The five-year goal of the conservation reserve enhanced
 27 25 enhancement program is the establishment of thirty-two
 27 26 thousand five hundred acres of wetlands.
 27 27    Sec. 76.  Section 481A.125, subsection 1, paragraphs a, b,
 27 28 and c, as enacted by 2000 Iowa Acts, Senate File 2300, section
 27 29 1, are amended to read as follows:
 27 30    a.  To intentionally place oneself in a location where a
 27 31 human presence may affect the behavior of a fur-bearing game
 27 32 animal, game, bird, or fish or the feasibility of killing or
 27 33 taking a fur-bearing game animal, game, bird, or fish with the
 27 34 intent of obstructing or harassing another person who is
 27 35 lawfully hunting, fishing, or fur harvesting.
 28  1    b.  To intentionally create a visual, aural, olfactory, or
 28  2 physical stimulus for the purpose of affecting the behavior of
 28  3 a fur-bearing game animal, game, bird, or fish with the intent
 28  4 of obstructing or harassing another person who is lawfully
 28  5 hunting, fishing, or fur harvesting.
 28  6    c.  To intentionally affect the condition or alter the
 28  7 placement of personal property used for the purpose of killing
 28  8 or taking a fur-bearing game animal, game, bird, or fish with
 28  9 the intent of obstructing or harassing another person who is
 28 10 lawfully hunting, fishing, or fur harvesting.
 28 11    Sec. 77.  Section 481A.125, subsection 5, as enacted by
 28 12 2000 Iowa Acts, Senate File 2300, section 1, is amended to
 28 13 read as follows:
 28 14    5.  This subsection section shall not prohibit a landowner,
 28 15 tenant, or an employee of a landowner or tenant from
 28 16 performing normal agricultural operations or a law enforcement
 28 17 officer from performing official duties.
 28 18    Sec. 78.  Section 483A.2, as enacted by 2000 Iowa Acts,
 28 19 House File 2486, section 6, is amended to read as follows:
 28 20    483A.2  DUAL RESIDENCY.
 28 21    A resident license shall be limited to persons who do not
 28 22 claim any resident privileges, except as defined in section
 28 23 483A.1A, subsection 4, paragraphs "b", and "c", and "d", in
 28 24 another state or country.  A person shall not purchase or
 28 25 apply for any resident license or permit if that person has
 28 26 claimed residency in any other state or country.
 28 27    Sec. 79.  Section 521F.3, subsection 2, paragraph a,
 28 28 unnumbered paragraph 1, as enacted by 2000 Iowa Acts, House
 28 29 File 2316, section 3, is amended to read as follows:
 28 30    A health organization's risk-based capital shall be
 28 31 determined pursuant to the formula set forth in the risk-based
 28 32 capital instructions.  The formula shall take into account all
 28 33 of the following, and may by be adjusted, as deemed
 28 34 appropriate by the commissioner, for the covariance between
 28 35 the following:
 29  1    Sec. 80.  Section 521F.4, subsection 3, as enacted by 2000
 29  2 Iowa Acts, House File 2316, section 4, is amended to read as
 29  3 follows:
 29  4    3.  The risk-based capital plan shall be filed within
 29  5 forty-five days of the company-action-level event, or, if the
 29  6 health organization requests a hearing pursuant to section
 29  7 521F.8 for the purpose of challenging the adjusted risk-based
 29  8 capital report, within forty-five days after notification to
 29  9 the insurer health organization that the commissioner, after
 29 10 hearing, has rejected the insurer's health organization's
 29 11 challenge.
 29 12    Sec. 81.  Section 521F.8, subsection 2, paragraph b,
 29 13 subparagraph (1), as enacted by 2000 Iowa Acts, House File
 29 14 2316, section 8, is amended to read as follows:
 29 15    (1)  The That the health organization's risk-based capital
 29 16 plan or revised risk-based capital plan is unsatisfactory.
 29 17    Sec. 82.  Section 523C.19, subsections 2 and 3, as enacted
 29 18 by 2000 Iowa Acts, House File 2317, section 30, are amended to
 29 19 read as follows:
 29 20    2.  If a hearing is not timely requested, the summary order
 29 21 becomes final by operation of law.  The order shall remain
 29 22 effective from the date of issuance until the date the order
 29 23 becomes final by operation of law or is overturned by a
 29 24 presiding officer or court following a request for hearing.  A
 29 25 person who has been issued a summary order under this section
 29 26 may contest it by filing a request for a contested case
 29 27 proceeding as provided in chapter 17A and in accordance with
 29 28 rules adopted by the commissioner.  However, the person shall
 29 29 have at least thirty days from the date that the order is
 29 30 issued in order to file the request.  Section 17A.18A is
 29 31 inapplicable to a summary order issued under this subsection
 29 32 section.
 29 33    3.  A person violating a summary order issued under this
 29 34 subsection section shall be deemed in contempt of that order.
 29 35 The commissioner may petition the district court to enforce
 30  1 the order as certified by the commissioner.  The district
 30  2 court shall adjudge the person in contempt of the order if the
 30  3 court finds after hearing that the person is not in compliance
 30  4 with the order.  The court shall assess a civil penalty
 30  5 against the person in an amount not less than three thousand
 30  6 dollars but not greater than ten thousand dollars per
 30  7 violation, and may issue further orders as it deems
 30  8 appropriate.
 30  9    Sec. 83.  Section 600.13, subsection 1, paragraph c, as
 30 10 amended by 2000 Iowa Acts, Senate File 421, section 17, is
 30 11 amended to read as follows:
 30 12    c.  Dismiss the adoption petition if the requirements of
 30 13 this Act chapter have not been met or if dismissal of the
 30 14 adoption petition is in the best interest of the person whose
 30 15 adoption has been petitioned.  Upon dismissal, the juvenile
 30 16 court or court shall determine who is to be guardian or
 30 17 custodian of a minor child, including the adoption petitioner
 30 18 if it is in the best interest of the minor person whose
 30 19 adoption has been petitioned.
 30 20    Sec. 84.  Section 692B.2, article XI(a)(1)(B), as enacted
 30 21 by 2000 Iowa Acts, Senate File 2145, section 2, is amended to
 30 22 read as follows:
 30 23    (B)  any rule or standard established by the council
 30 24 pursuant to Article V VI; and
 30 25    Sec. 85.  Section 714.16, subsection 2, paragraph n,
 30 26 subparagraph (3), subparagraph subdivision (a), as enacted by
 30 27 2000 Iowa Acts, House File 2148, section 1, is amended to read
 30 28 as follows:
 30 29    (a)  "Local telephone directory" means a telephone
 30 30 classified advertising directory or the business section of a
 30 31 telephone directory that is distributed free of charge to some
 30 32 or all telephone subscribers in a local area directory.
 30 33    Sec. 86.  2000 Iowa Acts, House File 683, section 4, is
 30 34 amended to read as follows:
 30 35    SEC. 4.  EFFECTIVE DATE.  This Act takes effect July 1,
 31  1 2001, except that section 598.7A, subsection 5, as enacted in
 31  2 section 2 of this Act and section 3 of this Act takes take
 31  3 effect upon enactment.
 31  4    Sec. 87.  2000 Iowa Acts, House File 2433, section 4,
 31  5 subsections 1 and 2, are amended to read as follows:
 31  6    1.  A comparison of the data elements collected by the
 31  7 basic educational data elements survey for K-12 schools to the
 31  8 data elements being collected by the management information
 31  9 system for community colleges to the chairpersons and ranking
 31 10 members of the joint appropriations subcommittee on education
 31 11 appropriations by January 15, 2001.
 31 12    2.  A report on the progress toward implementation of the
 31 13 management information system to the legislative fiscal bureau
 31 14 and department of management by June 30 July 1, 2000.
 31 15    Sec. 88.  2000 Iowa Acts, Senate File 2193, section 23, is
 31 16 amended to read as follows:
 31 17    SEC. 23.  RETROACTIVE APPLICABILITY.  The section in this
 31 18 Act that creates section 249H.6 249H.4 as it relates to
 31 19 receipt of federal funding, is retroactively applicable to
 31 20 October 1, 1999.
 31 21    Sec. 89.  2000 Iowa Acts, Senate File 2248, section 20, is
 31 22 amended to read as follows:
 31 23    SEC. 20.  TRANSFER OF OSTEOPATHIC FORGIVABLE LOAN REVOLVING
 31 24 FUND MONEYS BY TREASURER.  On the effective date of this Act,
 31 25 the treasurer of state shall transfer any balance in the
 31 26 osteopathic forgivable loan program revolving fund to the
 31 27 osteopathic physician recruitment revolving fund established
 31 28 pursuant to section 13 of this Act.
 31 29    Sec. 90.  2000 Iowa Acts, Senate File 2254, section 4, is
 31 30 amended to read as follows:
 31 31    SEC. 4.  RETROACTIVE APPLICABILITY.  Section 252I.4,
 31 32 subsection 3 4, as amended in this Act, is retroactively
 31 33 applicable to January 1, 2000.
 31 34    Sec. 91.  2000 Iowa Acts, Senate File 2344, section 16, is
 31 35 amended by striking the section and inserting in lieu thereof
 32  1 the following:
 32  2    SEC. 16.  Section 239B.24, subsection 1, unnumbered
 32  3 paragraph 1, Code Supplement 1999, is amended to read as
 32  4 follows:
 32  5    The following persons are deemed to be eligible for
 32  6 benefits under the state child care assistance program
 32  7 administered by the department in accordance with section
 32  8 237A.13, notwithstanding the program's eligibility
 32  9 requirements or any waiting list:
 32 10    Sec. 92.  APPROPRIATIONS FOR THE DRUG POLICY COORDINATOR.
 32 11 References in 2000 Iowa Acts, House File 2533, sections 5
 32 12 through 8 and 33, to the drug enforcement and abuse prevention
 32 13 coordinator are deemed to be references to the drug policy
 32 14 coordinator if 2000 Iowa Acts, House File 2153 is enacted.
 32 15    Sec. 93.  CODE EDITOR DIRECTIVE.  The Iowa Code editor
 32 16 shall transfer section 325A.16, as amended by 2000 Iowa Acts,
 32 17 Senate File 2147, section 36, to an appropriate place in
 32 18 subchapter 1 of chapter 325A and change internal references as
 32 19 necessary.
 32 20    Sec. 94.  AMENDMENTS TO DISAPPROVED BILLS VOID.  If a
 32 21 provision of a bill, which is amended in this division of this
 32 22 Act, does not become law due to the governor's disapproval of
 32 23 the provision, the amendment to that disapproved provision in
 32 24 this division of this Act is void.
 32 25    Sec. 95.  EFFECTIVE AND RETROACTIVE APPLICABILITY
 32 26 PROVISIONS.
 32 27    1.  The amendments in this division of this Act to sections
 32 28 453A.3 and 453A.22, being deemed of immediate importance, take
 32 29 effect upon enactment.
 32 30    2.  The amendment in this division of this Act to 2000 Iowa
 32 31 Acts, Senate File 2193, section 23, being deemed of immediate
 32 32 importance, takes effect upon enactment, and applies
 32 33 retroactively to October 1, 1999.
 32 34    3.  The amendment in this division of this Act to 2000 Iowa
 32 35 Acts, Senate File 2254, section 4, being deemed of immediate
 33  1 importance, takes effect upon enactment, and applies
 33  2 retroactively to January 1, 2000.  
 33  3                          DIVISION VIII
 33  4             VOLUNTEER EMERGENCY SERVICES PROVIDERS
 33  5    Sec. 96.  Section 80.9, subsection 2, Code Supplement 1999,
 33  6 is amended by adding the following new paragraph:
 33  7    NEW PARAGRAPH.  i.  To administer section 100B.11 relating
 33  8 to volunteer emergency services provider death benefits.
 33  9    Sec. 97.  NEW SECTION.  100B.11  VOLUNTEER EMERGENCY
 33 10 SERVICES PROVIDER DEATH BENEFIT – ELIGIBILITY.
 33 11    1.  There is appropriated annually from the general fund of
 33 12 the state to the department of revenue and finance an amount
 33 13 sufficient to pay death benefit claims under this section.
 33 14 The director of revenue and finance shall issue warrants for
 33 15 payment of death benefit claims approved for payment by the
 33 16 department of public safety under subsection 2.
 33 17    2.  a.  If the department of public safety determines, upon
 33 18 the receipt of evidence and proof from the fire chief or
 33 19 supervising officer, that the death of a volunteer emergency
 33 20 services provider was the direct and proximate result of a
 33 21 traumatic personal injury incurred in the line of duty as a
 33 22 volunteer, a line of duty death benefit in an amount of one
 33 23 hundred thousand dollars shall be paid in a lump sum to the
 33 24 volunteer emergency services provider's beneficiary.  A line
 33 25 of duty death benefit payable under this subsection shall be
 33 26 in addition to any other death benefit payable to the
 33 27 volunteer emergency services provider.
 33 28    b.  A line of duty death benefit shall not be payable under
 33 29 this subsection if any of the following applies:
 33 30    (1)  The death resulted from stress, strain, occupational
 33 31 illness, or a chronic, progressive, or congenital illness,
 33 32 including, but not limited to, a disease of the heart, lungs,
 33 33 or respiratory system, unless a traumatic personal injury was
 33 34 a substantial contributing factor to the volunteer emergency
 33 35 services provider's death.
 34  1    (2)  The death was caused by the intentional misconduct of
 34  2 the volunteer emergency services provider or by such
 34  3 provider's intent to cause the provider's own death.
 34  4    (3)  The volunteer emergency services provider was
 34  5 voluntarily intoxicated at the time of death.
 34  6    (4)  The volunteer emergency services provider was
 34  7 performing the provider's duties in a grossly negligent manner
 34  8 at the time of death.
 34  9    (5)  A beneficiary who would otherwise be entitled to a
 34 10 benefit under this subsection was, through the beneficiary's
 34 11 actions, a substantial contributing factor to the volunteer
 34 12 emergency services provider's death.
 34 13    3.  For purposes of this section, "volunteer emergency
 34 14 services provider" means a volunteer fire fighter as defined
 34 15 in section 85.61 or a volunteer emergency medical care
 34 16 provider or volunteer emergency rescue technician defined in
 34 17 section 147A.1 who is not covered as a volunteer emergency
 34 18 services provider under chapter 97A, 97B, or 411.
 34 19    Sec. 98.  REPEAL – LEGISLATIVE INTENT.
 34 20    1.  This division of this Act is repealed July 1, 2002.
 34 21    2.  It is the intent of the general assembly that the
 34 22 repeal of this division of this Act on July 1, 2002, will
 34 23 allow consideration of recommendations relating to this
 34 24 division of this Act to be received by the general assembly
 34 25 from the department of management based on the department's
 34 26 study of the possible implementation of a system to provide
 34 27 retirement benefits and death and survivor benefits to
 34 28 volunteer fire fighters and volunteer emergency medical
 34 29 service personnel.  
 34 30                           DIVISION IX
 34 31          FINANCIAL INSTITUTIONS – SATELLITE TERMINALS
 34 32    Sec. 99.  Section 527.2, subsections 10, 14, and 15, Code
 34 33 1999, are amended to read as follows:
 34 34    10.  "Limited-function terminal" means an on-line point-of-
 34 35 sale terminal, or an off-line point-of-sale terminal which
 35  1 satisfies the requirements of section 527.4, subsection 3,
 35  2 paragraph "d", or a multiple use terminal, which is not
 35  3 operated in a manner to accept an electronic personal
 35  4 identifier.  Except as otherwise provided, a limited-function
 35  5 terminal shall not be subject to the requirements imposed upon
 35  6 other satellite terminals pursuant to sections 527.4 and
 35  7 527.5, subsections 1, 2, 3, 7, and 8.
 35  8    14.  "Off-line point-of-sale terminal" means a satellite
 35  9 terminal that satisfies the requirements of section 527.4,
 35 10 subsection 3, paragraph "d" and is at any location in this
 35 11 state off the premises of the financial institution, other
 35 12 than an on-line point-of-sale terminal, that satisfies all of
 35 13 the following:
 35 14    a.  The satellite terminal is not operated to accept
 35 15 deposits or to dispense scrip or other negotiable instruments.
 35 16    b.  The satellite terminal is not operated to dispense cash
 35 17 except when operated by a person other than the customer
 35 18 initiating the transaction.
 35 19    c.  The satellite terminal is utilized for the purpose of
 35 20 making payment to the provider of goods or services purchased
 35 21 or provided at the location of the satellite terminal.
 35 22    15.  "On-line point-of-sale terminal" means a satellite
 35 23 terminal that satisfies the requirements of section 527.4,
 35 24 subsection 3, paragraph "d" and is at any location in this
 35 25 state off the premises of the financial institution operated
 35 26 on an on-line real time basis, that satisfies all of the
 35 27 following:
 35 28    a.  The satellite terminal is not operated to accept
 35 29 deposits or to dispense scrip or other negotiable instruments.
 35 30    b.  The satellite terminal is not operated to dispense cash
 35 31 except when operated by a person other than the customer
 35 32 initiating the transaction.
 35 33    c.  The satellite terminal is utilized for the purpose of
 35 34 making payment to the provider of goods or services purchased
 35 35 or provided at the location of the satellite terminal.
 36  1    Sec. 100.  Section 527.4, subsection 1, Code 1999, is
 36  2 amended by striking the subsection and inserting in lieu
 36  3 thereof the following:
 36  4    1.  A satellite terminal shall not be established within
 36  5 this state except by a financial institution.
 36  6    Sec. 101.  Section 527.4, subsection 2, Code 1999, is
 36  7 amended by striking the subsection.
 36  8    Sec. 102.  Section 527.4, subsection 3, Code 1999, is
 36  9 amended to read as follows:
 36 10    3.  A financial institution whose licensed or principal
 36 11 place of business is located within this state may establish
 36 12 any number of satellite terminals in any of the following
 36 13 locations:
 36 14    a.  Within the boundaries of a municipal corporation if the
 36 15 principal place of business or an office of the financial
 36 16 institution is also located within the boundaries of the
 36 17 municipal corporation.
 36 18    b.  Within the boundaries of an urban complex composed of
 36 19 two or more Iowa municipal corporations each of which is
 36 20 contiguous to or corners upon at least one of the other
 36 21 municipal corporations within the urban complex if the
 36 22 principal place of business or an office of the financial
 36 23 institution is also located in the urban complex.
 36 24    c.  Within the Iowa county in which the financial
 36 25 institution has its principal place of business or an office.
 36 26    d.  At any location in this state off the premises of the
 36 27 financial institution if all of the following apply:
 36 28    (1)  The satellite terminal is not operated to accept
 36 29 deposits or to dispense scrip or other negotiable instruments.
 36 30    (2)  The satellite terminal is not operated to dispense
 36 31 cash except when operated by a person other than the customer
 36 32 initiating the transaction.
 36 33    (3)  The satellite terminal is utilized for the purpose of
 36 34 making payment to the provider of goods or services purchased
 36 35 or provided at the location of the satellite terminal.
 37  1    3.  A financial institution shall not may establish a
 37  2 satellite terminal at any other location except pursuant to an
 37  3 agreement with a financial institution which is authorized by
 37  4 this subsection to establish a satellite terminal at that
 37  5 location and which will utilize the satellite terminal at that
 37  6 location within this state.  This subsection does not amend,
 37  7 modify, or supersede any provision of chapter 524 regulating
 37  8 the number or locations of bank offices of a state or national
 37  9 bank, or authorize the establishment by a financial
 37 10 institution of any offices or other facilities except
 37 11 satellite terminals at locations permitted by this subsection.
 37 12    Sec. 103.  Section 527.4, subsection 4, Code 1999, is
 37 13 amended to read as follows:
 37 14    4.  A financial institution whose licensed or principal
 37 15 place of business is not located in this state may establish,
 37 16 control, maintain, or operate any number of satellite
 37 17 terminals at the locations identified in subsection 3,
 37 18 paragraphs "a", "b", "c", and "d" any location within this
 37 19 state if both of the following apply:
 37 20    a.  The other state provides for the establishment,
 37 21 control, maintenance, or operation of satellite terminals by a
 37 22 financial institution, whose licensed or principal place of
 37 23 business is located in this state, on a reciprocal basis.
 37 24    b.  All all satellite terminals, wherever located, that are
 37 25 owned, controlled, maintained, or operated by the financial
 37 26 institution are available for use on a nondiscriminatory basis
 37 27 by any other financial institution which engages in electronic
 37 28 transactions in this state and by all customers who have
 37 29 minimum contact with this state and who have been designated
 37 30 by a financial institution using the satellite terminal and
 37 31 who have been provided with an access device, approved by the
 37 32 administrator, by which to engage in electronic transactions
 37 33 by means of the satellite terminal.
 37 34    Sec. 104.  Section 527.5, subsection 5, Code 1999, is
 37 35 amended to read as follows:
 38  1    5.  A satellite terminal in this state shall bear a sign or
 38  2 label identifying each type of financial institution utilizing
 38  3 the terminal.  A satellite terminal location in this state
 38  4 shall not be used to advertise individual financial
 38  5 institutions or a group of financial institutions.  However, a
 38  6 A satellite terminal shall bear a sign or label no larger than
 38  7 three inches by two inches identifying the name, address, and
 38  8 telephone number of the owner of the satellite terminal.  The
 38  9 administrator may authorize methods of identification the
 38 10 administrator deems necessary to enable the general public to
 38 11 determine the accessibility of a satellite terminal.
 38 12    Sec. 105.  Section 527.5, subsection 11, paragraph a, Code
 38 13 1999, is amended to read as follows:
 38 14    a.  If at any time, a limited-function terminal at a
 38 15 location as defined in section 527.4, subsection 3, paragraph
 38 16 "d", in this state off the premises of the financial
 38 17 institution is replaced by a device constituting either an on-
 38 18 line or an off-line point-of-sale terminal which may be
 38 19 utilized to initiate transactions which affect customer asset
 38 20 accounts through the use of an electronic personal identifier,
 38 21 or is upgraded, altered, or modified to be operated in a
 38 22 manner which allows the use of an electronic personal
 38 23 identifier to initiate transactions which affect customer
 38 24 asset accounts, or an on-line or an off-line point-of-sale
 38 25 terminal which may be utilized to initiate transactions which
 38 26 affect customer asset accounts through the use of an
 38 27 electronic personal identifier is newly established at a
 38 28 location defined in section 527.4, subsection 3, paragraph "d"
 38 29 in this state off the premises of the financial institution,
 38 30 then such upgraded, altered, or modified limited-function
 38 31 terminal or replacement point-of-sale terminal or such newly
 38 32 established point-of-sale terminal is deemed to be a full-
 38 33 function point-of-sale terminal for purposes of this
 38 34 subsection and all requirements of a satellite terminal in
 38 35 this chapter apply to the full-function point-of-sale terminal
 39  1 with regard to all transactions affecting customer asset
 39  2 accounts which are initiated through the use of an electronic
 39  3 personal identifier, except for section 527.4, subsections 1,
 39  4 2, and subsection 4, section 527.4, subsection 3, paragraphs
 39  5 "a", "b", and "c", and subsections 1, 3, and 7 of this
 39  6 section.
 39  7    Sec. 106.  Section 527.5, subsection 12, Code 1999, is
 39  8 amended to read as follows:
 39  9    12.  Effective July 1, 1994, any transaction engaged in
 39 10 with a retailer through a satellite terminal at a location
 39 11 described in section 527.4, subsection 3, paragraph "d", in
 39 12 this state off the premises of the financial institution by
 39 13 means of an access device which results in a debit to a
 39 14 customer asset account shall be cleared and paid at par during
 39 15 the settlement of such transaction.  Notwithstanding the terms
 39 16 of any contractual agreement between a retailer or financial
 39 17 institution and a national card association as described in
 39 18 subsection 11, an electronic funds transfer processing
 39 19 facility of a national card association, a central routing
 39 20 unit approved pursuant to this chapter, or a data processing
 39 21 center, the processing fees and charges for such transactions
 39 22 to the retailer shall be as contractually agreed upon between
 39 23 the retailer and the financial institution which establishes,
 39 24 owns, operates, controls, or processes transactions initiated
 39 25 at the satellite terminal.  All accounting documents
 39 26 reflecting such fees and charges imposed on the retailer shall
 39 27 separately identify transactions which have resulted in a
 39 28 debit to a customer asset account and the charges imposed.
 39 29 The provisions of this subsection shall apply to all satellite
 39 30 terminals, including limited-function terminals, full-function
 39 31 point-of-sale terminals as identified in subsection 11,
 39 32 paragraph "a", and multiple use terminals.
 39 33    Sec. 107.  EFFECTIVE DATE.  This division of this Act,
 39 34 being deemed of immediate importance, takes effect upon
 39 35 enactment.  
 40  1                           DIVISION X
 40  2                      OTHER APPROPRIATIONS
 40  3    Sec. 108.  DEPARTMENT FOR THE BLIND.  There is appropriated
 40  4 from the general fund of the state to the department for the
 40  5 blind for the fiscal year beginning July 1, 2000, and ending
 40  6 June 30, 2001, the following amounts, or so much thereof as is
 40  7 necessary, to be used for the purposes designated:
 40  8    1.  For establishment of statewide access to the newsline
 40  9 for the blind furnished by the national federation of the
 40 10 blind:  
 40 11 .................................................. $     15,000
 40 12    2.  For use in enabling blind individuals to independently
 40 13 access newspapers through the operations of the Iowa radio
 40 14 reading information service:  
 40 15 .................................................. $     15,000
 40 16    Sec. 109.  2000 Iowa Acts, Senate File 2435, section 7,
 40 17 unnumbered paragraph 2, is amended to read as follows:
 40 18    For child support recovery, including salaries, support,
 40 19 maintenance, and miscellaneous purposes and for not more than
 40 20 the following full-time equivalent positions:  
 40 21 .................................................. $  6,471,841
 40 22                                                       6,671,841
 40 23 ............................................... FTEs     272.40
 40 24    Sec. 110.  2000 Iowa Acts, House File 2552, section 4,
 40 25 subsection 1, paragraph a, is amended to read as follows:
 40 26    a.  For the operation of the Fort Madison correctional
 40 27 facility, including salaries, support, maintenance, employment
 40 28 of correctional officers, miscellaneous purposes, and for not
 40 29 more than the following full-time equivalent positions:  
 40 30 .................................................. $ 30,153,729
 40 31                                                      29,865,654
 40 32 ............................................... FTEs     533.50
 40 33                                                          528.58
 40 34    Sec. 111.  2000 Iowa Acts, House File 2552, section 4,
 40 35 subsection 1, paragraph c, is amended by adding the following
 41  1 new unnumbered paragraph:
 41  2    NEW UNNUMBERED PARAGRAPH.  In addition to the funds
 41  3 appropriated in this paragraph, $50,000 is appropriated from
 41  4 the general fund of the state to the department of corrections
 41  5 for the fiscal year beginning July 1, 2000, and ending June
 41  6 30, 2001, for ongoing technology needs at the Oakdale
 41  7 correctional facility.
 41  8    Sec. 112.  2000 Iowa Acts, House File 2552, section 4,
 41  9 subsection 1, paragraph h, is amended by adding the following
 41 10 new unnumbered paragraph:
 41 11    NEW UNNUMBERED PARAGRAPH.  In addition to the funds
 41 12 appropriated in this paragraph, $62,572 is appropriated from
 41 13 the general fund of the state to the department of corrections
 41 14 for the fiscal year beginning July 1, 2000, and ending June
 41 15 30, 2001, for ongoing technology needs at the Mitchellville
 41 16 correctional facility.
 41 17    Sec. 113.  2000 Iowa Acts, House File 2552, section 7,
 41 18 subsection 1, paragraph a, is amended by adding the following
 41 19 new unnumbered paragraph:
 41 20    NEW UNNUMBERED PARAGRAPH.  In addition to the funds
 41 21 appropriated in this paragraph, $22,571 is appropriated from
 41 22 the general fund of the state to the department of corrections
 41 23 for the fiscal year beginning July 1, 2000, and ending June
 41 24 30, 2001, for ongoing technology needs of the first judicial
 41 25 district department of correctional services.
 41 26    Sec. 114.  2000 Iowa Acts, House File 2552, section 7,
 41 27 subsection 1, paragraph b, is amended by adding the following
 41 28 new unnumbered paragraph:
 41 29    NEW UNNUMBERED PARAGRAPH.  In addition to the funds
 41 30 appropriated in this paragraph, $1,680 is appropriated from
 41 31 the general fund of the state to the department of corrections
 41 32 for the fiscal year beginning July 1, 2000, and ending June
 41 33 30, 2001, for ongoing technology needs of the second judicial
 41 34 district department of correctional services.
 41 35    Sec. 115.  2000 Iowa Acts, House File 2552, section 7,
 42  1 subsection 1, paragraph e, is amended by adding the following
 42  2 new unnumbered paragraph:
 42  3    NEW UNNUMBERED PARAGRAPH.  In addition to the funds
 42  4 appropriated in this paragraph, $70,095 is appropriated from
 42  5 the general fund of the state to the department of corrections
 42  6 for the fiscal year beginning July 1, 2000, and ending June
 42  7 30, 2001, for ongoing technology needs of the fifth judicial
 42  8 district department of correctional services.
 42  9    Sec. 116.  2000 Iowa Acts, House File 2552, section 7,
 42 10 subsection 1, paragraph f, is amended by adding the following
 42 11 new unnumbered paragraph:
 42 12    NEW UNNUMBERED PARAGRAPH.  In addition to the funds
 42 13 appropriated in this paragraph, $60,000 is appropriated from
 42 14 the general fund of the state to the department of corrections
 42 15 for the fiscal year beginning July 1, 2000, and ending June
 42 16 30, 2001, for ongoing technology needs of the sixth judicial
 42 17 district department of correctional services.
 42 18    Sec. 117.  2000 Iowa Acts, House File 2552, section 7,
 42 19 subsection 1, paragraph g, is amended by adding the following
 42 20 new unnumbered paragraph:
 42 21    NEW UNNUMBERED PARAGRAPH.  In addition to the funds
 42 22 appropriated in this paragraph, $11,740 is appropriated from
 42 23 the general fund of the state to the department of corrections
 42 24 for the fiscal year beginning July 1, 2000, and ending June
 42 25 30, 2001, for ongoing technology needs of the seventh judicial
 42 26 district department of correctional services.  
 42 27 SF 2452
 42 28 mg/cc/26
     

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