Text: SSB01064 Text: SSB01066 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 12D.5, subsection 2, paragraph a, 1 2 unnumbered paragraph 1, Code 1999, is amended to read as 1 3 follows: 1 4 Upon the occurrence of any of the following circumstances, 1 5 no refund penalty shall be levied by the trust in the event of 1 6terminationcancellation of a participation agreement: 1 7 Sec. 2. Section 12D.6, subsection 2, unnumbered paragraph 1 8 2, Code 1999, is amended to read as follows: 1 9 No right to receive investment income shall exist in cases 1 10 of voluntary participantterminationcancellation except as 1 11 provided in section 12D.5. 1 12 Sec. 3. Section 16.161, unnumbered paragraph 1, Code 1999, 1 13 is amended to read as follows: 1 14 The authority shall assist the administrator, appointed 1 15 pursuant to section 34A.2Aor, as provided in chapter 34A, 1 16 subchapter II, and the authority shall have all of the powers 1 17 delegated to it by a joint E911 service board or the 1 18 department of public defense in a chapter 28E agreement with 1 19 respect to the issuance and securing of bonds or notes and the 1 20 carrying out of the purposes of chapter 34A. 1 21 Sec. 4. Section 18.183, subsection 2, Code 1999, is 1 22 amended to read as follows: 1 23 2. The division of information technology services shall 1 24 not have authority to determine whether an individual 1 25 government agency should automate records of which the 1 26 individual government agency is the lawful custodian. 1 27 However, the division may encourage governmental agencies to 1 28 implement electronic access to government recordsas provided1 29in section 18.182. 1 30 Sec. 5. Section 34A.7A, subsection 2, paragraph c, 1 31 subparagraph (2), unnumbered paragraph 2, Code 1999, is 1 32 amended to read as follows: 1 33 A joint E911 service board or the department of public 1 34 safety, to receive funds from the wireless E911 emergency 1 35 communications fund, must submit a written request for such 2 1 funds to the administrator in a form as approved by the 2 2 administrator. A request shall be for funding under an 2 3 approved E911 service plan for equipment which is directly 2 4 related to the reception and disposition of incoming wireless 2 5 E911 calls. The administrator may approve the distribution of 2 6 funds pursuant to such request if the administrator finds that 2 7 the requested funding is for equipment necessary for the 2 8 reception and disposition of such calls and that sufficient 2 9 funds are available for such distribution. 2 10 Sec. 6. Section 68.10, subsection 5, Code 1999, is amended 2 11 to read as follows: 2 12 5. To exercise the powers and privileges conferred upon 2 13 the senate for punishment as for contempts inthechapter 2 14entitled "General Assembly"2. 2 15 Sec. 7. Section 85B.11, Code 1999, is amended to read as 2 16 follows: 2 17 85B.11 PREVIOUS HEARING LOSS EXCLUDED. 2 18 An employer is liable, as provided in this chapter and 2 19 subject to the provisions of chapter 85, for an occupational 2 20 hearing loss to which the employment has contributed, but if 2 21 previous hearing loss, whether occupational or not, is 2 22 established by an audiometric examination or other competent 2 23 evidence, whether or not the employee wasexposedsubjected to 2 24 excessive noise exposure within six months preceding the test, 2 25 the employer is not liable for the previous loss, nor is the 2 26 employer liable for a loss for which compensation has 2 27 previously been paid or awarded. The employer is liable only 2 28 for the difference between the percent of occupational hearing 2 29 loss determined as of the date of the audiometric examination 2 30 used to determine occupational hearing loss and the percentage 2 31 of loss established by the pre-employment audiometric 2 32 examination. An amount paid to an employee for occupational 2 33 hearing loss by any other employer shall be credited against 2 34 compensation payable by an employer for the hearing loss. An 2 35 employee shall not receive in the aggregate greater 3 1 compensation from all employers for occupational hearing loss 3 2 than that provided in this section for total occupational 3 3 hearing loss. A payment shall not be made to an employee 3 4 unless the employee has worked in excessive noise exposure 3 5 employment for a total period of at least ninety days for the 3 6 employer from whom compensation is claimed. 3 7 Sec. 8. Section 88A.1, subsections 2 and 11, Code 1999, 3 8 are amended to read as follows: 3 9 2. "Amusement ride" means any mechanized device,or 3 10 combination of devices which carries passengers along, around, 3 11 or over a fixed or restricted course for the purpose of giving 3 12 its passengers amusement, pleasure, thrills, or excitement. 3 13 "Amusement ride" does not include a device or structure that 3 14 is devoted principally to exhibitions related to agriculture, 3 15 the arts, education, industry, religion, or science. 3 16 11. "Rider" means a person waiting in the immediate 3 17 vicinity of an amusement ride to get on the amusement ride, 3 18 getting on an amusement ride, using an amusement ride, getting 3 19 off an amusement ride, or leaving an amusement ride and still 3 20 in the immediate vicinity of the amusement ride. "Rider" does 3 21 not include an employee, agent, or servant of the amusement 3 22 ride owner while engaged in the duties of their employment. 3 23 Sec. 9. Section 97B.73A, subsection 1, Code 1999, is 3 24 amended to read as follows: 3 25 1. A part-time county attorney may elect in writing to the 3 26 department to make contributions to the system for the county 3 27 attorney's previous service as a county attorney and receive 3 28 credit for membership service in the system for the applicable 3 29 period of service as a part-time county attorney for which 3 30employeecontributions are made. A member making 3 31 contributions pursuant to this section may make the 3 32 contributions either for the entire applicable period of 3 33 service, or for portions of the period of service, and if 3 34 contributions are made for portions of the period of service, 3 35 the contributions shall be in increments of one or more 4 1 calendar quarters. 4 2 Sec. 10. Section 124.502, subsection 1, paragraph c, Code 4 3 1999, is amended to read as follows: 4 4 c. A warrant issued pursuant to this section must be 4 5 executed and returned within ten days after its date unless, 4 6 upon a showing of a need for additional time, the court so 4 7 instructs otherwise in the warrant. If property is seized 4 8 pursuant to a warrant, the person executing the warrant shall 4 9 give to the person from whom the property is seized, or the 4 10 person in charge of the premises from which the property is 4 11 seized, a copy of the warrant and a receipt for the property 4 12 seized or shall leave the copy and receipt at the place from 4 13 which the property is seized. The return of the warrant shall 4 14 be made promptly and shall be accompanied by a written 4 15 inventory of any property seized. The inventory shall be made 4 16 in the presence of the person executing the warrant and of the 4 17 person from whose possession or premises the property was 4 18 seized, if they are present, or in the presence of at least 4 19 one credible person other than the person executing the 4 20 warrant. A copy of the inventory shall be delivered to the 4 21 person from whom or from whose premises the property was 4 22 seized and to the applicant for the warrant. 4 23 Sec. 11. Section 135C.33, subsection 5, paragraph e, 4 24 unnumbered paragraph 2, Code 1999, is amended to read as 4 25 follows: 4 26 In substantial conformance with the provisions of this 4 27 section, prior to the employment of such an employee, the 4 28 provider shall request the performance of the criminal and 4 29 dependent adult abuse record checks and may request the 4 30 performance of the child abuse record checks. The provider 4 31 shall inform the prospective employee and obtain the 4 32 prospective employee's signed acknowledgment. The department 4 33 of human services shall perform the evaluation of any criminal 4 34 record or founded child or dependent adult abuse record and 4 35 shall make the determination of whether a prospective employee 5 1 of a provider shall not be employed by the provider. 5 2 Sec. 12. Section 136B.5, Code 1999, is amended to read as 5 3 follows: 5 4 136B.5 PENALTY FOR VIOLATION. 5 5 A person who violates a provision of thisdivisionchapter 5 6 is guilty of a serious misdemeanor. 5 7 Sec. 13. Section 144.13A, Code 1999, is amended to read as 5 8 follows: 5 9 144.13A FEES – USE OF FUNDS. 5 10 The county registrar or state registrar shall charge the 5 11 parent a ten dollar fee for the registration of a certificate 5 12 of birth and a separate fee established under section 144.46 5 13 for a certified copy of the certificate except as otherwise 5 14 provided in section 331.605, subsection65. The certified 5 15 copy shall be mailed to the parent by the state registrar. If 5 16 the person responsible for the filing of the certificate of 5 17 birth under section 144.13 is not the parent, the person is 5 18 entitled to collect the fee from the parent. The fee shall be 5 19 remitted to the appropriate registrar. If the expenses of the 5 20 birth are reimbursed under the medical assistance program 5 21 established by chapter 249A, or paid for under the statewide 5 22 indigent patient care program established by chapter 255, or 5 23 paid for under the obstetrical and newborn indigent patient 5 24 care program established by chapter 255A, or if the parent is 5 25 indigent and unable to pay the expenses of the birth and no 5 26 other means of payment is available to the parent, the 5 27 registration fee and certified copy fee are waived. If the 5 28 person responsible for the filing of the certificate is not 5 29 the parent, the person is discharged from the duty to collect 5 30 and remit the fee under this section if the person has made a 5 31 good faith effort to collect the fee from the parent. The 5 32 fees collected by the county registrar and state registrar 5 33 shall be remitted to the treasurer of state for deposit in the 5 34 general fund of the state. It is the intent of the general 5 35 assembly that the funds generated from the registration fees 6 1 be appropriated and used for primary and secondary child abuse 6 2 prevention programs. It is the intent of the general assembly 6 3 that the funds generated from the fees as established under 6 4 section 144.46 for the mailing of the certified copy of the 6 5 birth certificate be appropriated and used to support the 6 6 distribution of the automatic birth certificate and the 6 7 implementation of the electronic birth certificate system. 6 8 Sec. 14. Section 147.14, subsection 1, Code 1999, is 6 9 amended to read as follows: 6 10 1. For barbering, three memberseach,licensed to practice 6 11the profession for which the board conducts examinations6 12 barbering, and two members who are not licensed to practice 6 13the profession for which the board conducts examinations6 14 barbering and who shall represent the general public. A 6 15 quorum shall consist of a majority of the members of the 6 16 board. 6 17 Sec. 15. Section 159.5, subsection 9, Code 1999, is 6 18 amended to read as follows: 6 19 9. Inspect and supervise allcold storage plants andfood 6 20 producing or distributing establishments including the 6 21 furniture, fixtures, utensils, machinery, and other equipment 6 22 so as to prevent the production, preparation, packing, 6 23 storage, or transportation of food in a manner detrimental to 6 24 its character or quality. 6 25 Sec. 16. Section 161A.80, subsection 2, unnumbered 6 26 paragraph 1, Code 1999, is amended to read as follows: 6 27 A blufflands protection revolving fund is created in the 6 28 state treasury. All proceeds shall be divided into two equal 6 29 accounts. One account shall be used for the purchase of 6 30 blufflands along the Mississippi river and its tributaries and 6 31 the other account shall be used for the purchase of blufflands 6 32 along the Missouri river and its tributaries. The proceeds of 6 33 the revolving fund are appropriated to make loans to 6 34 conservation organizations which agree to purchase bluffland 6 35 properties adjacent to state public lands. The department 7 1 shall adopt rules pursuant to chapter 17A to administer the 7 2 disbursement of funds. Notwithstanding section 12C.7, 7 3 interest or earnings on investments made pursuant to this 7 4 section or as provided in section 12B.10 shall be credited to 7 5 the blufflands protection revolving fund. Notwithstanding 7 6 section 8.33, unobligated or unencumbered funds credited to 7 7 the blufflands protection revolving fund shall not revert at 7 8 the close of a fiscal year. However, the maximum balance in 7 9 the blufflands protection revolving fund shall not exceed two 7 10 million five hundred thousand dollars. Any funds in excess of 7 11 two million five hundred thousand dollars shall be credited to 7 12 the rebuild Iowa infrastructure fund. 7 13 Sec. 17. Section 166.42, unnumbered paragraph 1, Code 7 14 1999, is amended to read as follows: 7 15 The secretary may establish a reserve supply of biological 7 16 products of approved modified live virus hog-cholera vaccine 7 17 and of anti-hog-cholera serum or its equivalent in antibody 7 18 concentrate to be used as directed by the secretary in the 7 19 event of an emergency resulting from a hog-cholera outbreak. 7 20 Vaccine and serum or antibody concentrate from the reserve 7 21 supply, if used for such an emergency, shall be made available 7 22 to swine producers at a price which will not result in a 7 23 profit. Payment shall be made by the producer to the 7 24 department and such vaccine shall be administered by a 7 25 licensed practicing veterinarian. The secretary may co- 7 26 operate with other states in the accumulation, maintenance and 7 27 disbursement of such reserve supply of biological products. 7 28 The secretary, with the advice and written consent of the 7 29chief of the division of animal industry of thestate 7 30 veterinarian, and the advice and written consent of the 7 31 veterinarian-in-chargeinfor Iowa,of the animal, plant, and 7 32 healthdivisioninspection service-veterinary services, United 7 33 States department of agriculture, shall determine when an 7 34 emergency resulting from a hog-cholera outbreak exists. 7 35 Sec. 18. Section 173.6, unnumbered paragraph 2, Code 1999, 8 1 is amended to read as follows: 8 2 A member of the board who is a board congressional 8 3 director, elected as provided in section 173.1, shall serve a 8 4 term of two years. The term of a board congressional director 8 5 shall begin following the adjournment of the convention at 8 6 which the board congressional director was elected and shall 8 7 continue until a successor is elected and qualified as 8 8 provided in this chapter. 8 9 Sec. 19. Section 190C.1, subsections 10, 18, and 19, Code 8 10 1999, are amended to read as follows: 8 11 10. "Handler" means a person engaged in the business of 8 12 handling agricultural products, including but not limited to 8 13 distributors, wholesalers, brokers, and repackers. "Handler" 8 14 does not include a person selling agricultural products to 8 15 consumers on a retail basis, including a foodservice8 16 establishment as defined in section137B.2137F.1, retail 8 17 grocery, meat market, or bakery, if the person does not 8 18 process the agricultural product. 8 19 18. "Regional organic association" means a corporation 8 20 organized under former chapter 504 or chapter 504A which has 8 21 certifying members, elects its own officers and directors, and 8 22 is independent from the department. 8 23 19. "Retailer" means a person, other than an operator of a 8 24 foodserviceestablishment, who is engaged in the business of 8 25 selling food at retail to the ultimate customer. 8 26 Sec. 20. Section 190C.4, subsection 3, Code 1999, is 8 27 amended to read as follows: 8 28 3. A violation of this chapter includes a violation of any 8 29 rule adopted orissue orderedorder issued pursuant to this 8 30 chapter as provided in this chapter and under chapter 17A. 8 31 Sec. 21. Section 200A.3, subsection 2, Code 1999, is 8 32 amended to read as follows: 8 33 2. "Bulk dry animal nutrient product" or "bulk product" 8 34 meansana dry animal nutrient product delivered to a 8 35 purchaser in bulk form to which a label cannot be attached. 9 1 Sec. 22. Section 216A.71, subsection 1, Code 1999, is 9 2 amended to read as follows: 9 3 1. "Administrator" means theadministratordirector of the 9 4 department of human rights. 9 5 Sec. 23. Section 216A.73, subsection 4, Code 1999, is 9 6 amended to read as follows: 9 7 4. Thedirectoradministrator of the division of 9 8 vocational rehabilitation of the department of education. 9 9 Sec. 24. Section 216B.2, unnumbered paragraph 1, Code 9 10 1999, is amended to read as follows: 9 11 The commission for the blind is established consisting of 9 12 three members appointed by the governor, subject to 9 13 confirmation by the senate. Members of the commission shall 9 14 serve three-year terms beginning and ending as provided in 9 15 section 69.19. The commission shall adopt rules concerning 9 16 programs and services for blind persons provided under this 9 17subchapterchapter. 9 18 Sec. 25. Section 216B.6, Code 1999, is amended to read as 9 19 follows: 9 20 216B.6 POWERS. 9 21 The commission shall have all powers necessary to carry out 9 22 the functions and duties specified in thissubchapterchapter, 9 23 including, but not limited to the power to establish advisory 9 24 committees on special studies, to solicit and accept gifts and 9 25 grants, to adopt rules according to chapter 17A for the 9 26 commission and department, and to contract with public and 9 27 private groups to conduct its business. All departments, 9 28 divisions, agencies, and offices of the state shall make 9 29 available upon request of the commission information which is 9 30 pertinent to the subject matter of the study and which is not 9 31 by law confidential. 9 32 Sec. 26. Section 230A.3, subsection 3, Code 1999, is 9 33 amended to read as follows: 9 34 3. Continued operation of a center originally established 9 35 prior to July 1, 1998, under subsection 2 without an agreement 10 1 with the board or boards of supervisors which originally 10 2 established the center, provided the center is in compliance 10 3 with the applicable standards adopted by the mental health and 10 4mental retardationdevelopmental disabilities commission. 10 5 Sec. 27. Section 235A.13, subsections 1 through 7, Code 10 6 1999, are amended to read as follows: 10 7 1. "Assessment data" means any of the following 10 8 information pertaining to the department's evaluation of a 10 9 family: 10 10 a. Identification of the strengths and needs of the child, 10 11 and of the child's parent, home, and family. 10 12 b. Identification of services available from the 10 13 department and informal and formal services and other support 10 14 available in the community to meet identified strengths and 10 15 needs. 10 161.2. "Child abuse information" means any or all of the 10 17 following data maintained by the department in a manual or 10 18 automated data storage system and individually identified: 10 19 a. Report data. 10 20 b. Assessment data. 10 21 c. Disposition data. 10 222.3. "Confidentiality" means the withholding of 10 23 information from any manner of communication, public or 10 24 private. 10 253.4. "Department" means the department of human services. 10 264.5. "Disposition data" means information pertaining to 10 27 an opinion or decision as to the occurrence of child abuse, 10 28 including: 10 29 a. Any intermediate or ultimate opinion or decision 10 30 reached by assessment personnel. 10 31 b. Any opinion or decision reached in the course of 10 32 judicial proceedings. 10 33 c. The present status of any case. 10 345.6. "Expungement" means the process of destroying child 10 35 abuse information. 11 16.7. "Individually identified" means any report, 11 2 assessment, or disposition data which names the person or 11 3 persons responsible or believed responsible for the child 11 4 abuse. 11 57. "Assessment data" means any of the following11 6information pertaining to the department's evaluation of a11 7family:11 8a. Identification of the strengths and needs of the child,11 9and of the child's parent, home, and family.11 10b. Identification of services available from the11 11department and informal and formal services and other support11 12available in the community to meet identified strengths and11 13needs.11 14 Sec. 28. Section 249A.4, subsection 15, Code 1999, is 11 15 amended to read as follows: 11 16 15. Establish appropriate reimbursement rates for 11 17 community mental health centers that are accredited by the 11 18 mental health andmental retardationdevelopmental 11 19 disabilities commission. The reimbursement rates shall be 11 20 phased-in over the three-year period beginning July 1, 1998, 11 21 and ending June 30, 2001. 11 22 Sec. 29. Section 280.11, Code 1999, is amended to read as 11 23 follows: 11 24 280.11 EAR-PROTECTIVE DEVICES. 11 25 1. Every student and teacher in any public or nonpublic 11 26 school shall wear industrial quality ear-protective devices 11 27 while the student or teacher is participating in any phase or 11 28 activity of a course which may subject the student or teacher 11 29 to the risk or hazard of hearing loss from noise in processes 11 30 or procedures used inany of the following courses: 11 311. Vocationalvocational or industrial arts shops or 11 32 laboratories involving experiences with any of the following: 11 33 a. Milling, sawing, turning, shaping, cutting, grinding or 11 34 stamping of any solid materials. 11 35 b. Kiln firing of any metal or other materials. 12 1 c. Electric arc welding. 12 2 d. Repair or servicing of any vehicle while in shop. 12 3 e. Static tests, maintenance or repair of internal 12 4 combustion engines. 12 5 f. Letter press, paper folders, monotype. 12 6 2. It shall be the duty of the teacher or other person 12 7 supervising the students in said courses to see that the above 12 8 requirements are complied with. Any student failing to comply 12 9 with such requirements may be temporarily suspended from 12 10 participation in the course and the registration of a student 12 11 for the course may be canceled for willful, flagrant or 12 12 repeated failure to observe the above requirements. 12 13 3. The board of directors of each local public school 12 14 district and the authorities in charge of each nonpublic 12 15 school shall provide the safety devices requiredhereinin 12 16 this section. Such devices may be paid for from the general 12 17 fund, but the board may require students and teachers to pay 12 18 for the safety devices and shall make them available to 12 19 students and teachers at no more than the actual cost to the 12 20 district or school. 12 21 4. a. "Industrial quality ear-protective devices", as 12 22 used in this section, means devices meeting the American 12 23 National Standard for Measurement of the Real-Ear attenuation 12 24 of Ear Protectors at Threshold promulgated by the American 12 25 National Standards Institute, Inc. 12 26 b. "Noise" as used in this section, means a noise level 12 27 that meets or exceeds damage-risk criteria established by the 12 28 present federal standard for occupational noise exposure, 12 29 Occupational Safety and Health Standards. 12 30 Sec. 30. Section 321.187, Code 1999, is amended to read as 12 31 follows: 12 32 321.187 EXAMINERS. 12 33 1. The department shall examine applicants for driver's 12 34 licenses. Examiners of the department shall wear an 12 35 identifying badge and uniform provided by the department. 13 1 2. The department may by rule designate community colleges 13 2 to administer the driving skills test required for a 13 3 commercial driver's license provided that all of the following 13 4 occur: 13 51.a. The driving skills test is the same as that which 13 6 would otherwise be administered by the state. 13 72.b. The examiner contractually agrees to comply with the 13 8 requirements of 49 C.F.R. } 383.75 as adoptedas of a specific13 9dateby rule by the department. 13 10 Sec. 31. Section 321.188, subsection 1, paragraphs a and 13 11 c, Code 1999, are amended to read as follows: 13 12 a. Certify whether the applicant is subject to and meets 13 13 applicable driver qualifications of 49 C.F.R. part 391 as 13 14 adoptedas of a specific dateby rule by the department. 13 15 c. Successfully pass knowledge tests and driving skills 13 16 tests which the department shall require by rule. The rules 13 17 adopted shall substantially comply with the federal minimum 13 18 testing and licensing requirements in 49 C.F.R. part 383, 13 19 subparts E, G, and H as adoptedas of a specific dateby rule 13 20 by the department. 13 21 Sec. 32. Section 321.188, subsection 2, paragraph b, 13 22 subparagraph (2), Code 1999, is amended to read as follows: 13 23 (2) The applicant has not had any convictions which are 13 24 federal commercial driver's license disqualifying offenses 13 25 under 49 C.F.R. } 383.51 as adoptedas of a specific dateby 13 26 rule by the department while operating any type of vehicle. 13 27 Sec. 33. Section 321.188, subsection 3, Code 1999, is 13 28 amended to read as follows: 13 29 3. An applicant for a hazardous material endorsement must 13 30 pass a knowledge test as required under 49 C.F.R. } 383.121 as 13 31 adoptedas of a specific dateby rule by the department to 13 32 obtain or retain the endorsement. However, an applicant for 13 33 license issuance who was previously issued a commercial 13 34 driver's license from another state may retain the hazardous 13 35 material endorsement from the previously issued license if the 14 1 applicant successfully passed the endorsement test within the 14 2 preceding twenty-four months. 14 3 Sec. 34. Section 321.208, subsection 2, Code 1999, is 14 4 amended to read as follows: 14 5 2. A person is disqualified for life if convicted or found 14 6 to have committed two or more of the above acts or offenses 14 7 arising out of two or more separate incidents. However, a 14 8 disqualification for life is subject to a reduction to a ten- 14 9 year disqualification as provided in 49 C.F.R. } 383.51 as 14 10 adoptedas of a specific dateby rule by the department. 14 11 Sec. 35. Section 321.449, Code 1999, is amended to read as 14 12 follows: 14 13 321.449 MOTOR CARRIER SAFETY RULES. 14 14 1. A person shall not operate a commercial vehicle on the 14 15 highways of this state except in compliance with rules adopted 14 16 by the department under chapter 17A. The rules shall be 14 17 consistent with the federal motor carrier safety regulations 14 18 promulgated under United States Code, Title 49, and found in 14 19 49 C.F.R. } 390-399 and adopted under chapter 17Awhich rules14 20shall be to a date certain. 14 21 2. Rules adopted under this section concerning driver 14 22 qualifications, hours of service, and recordkeeping 14 23 requirements do not apply to the operators of public utility 14 24 trucks, trucks hauling gravel, construction trucks and 14 25 equipment, trucks moving implements of husbandry, and special 14 26 trucks, other than a truck tractor, operating intrastate. 14 27 Trucks for hire on construction projects are not exempt from 14 28 this section. 14 29 3. Rules adopted under this section concerning driver age 14 30 qualifications do not apply to drivers for private and for- 14 31 hire motor carriers which operate solely intrastate except 14 32 when the vehicle being driven is transporting a hazardous 14 33 material in a quantity which requires placarding. The minimum 14 34 age for the exempted intrastate operations is eighteen years 14 35 of age. 15 1 4. Notwithstanding other provisions of this section, rules 15 2 adopted under this section for drivers of commercial vehicles 15 3 shall not apply to a driver of a commercial vehicle who is 15 4 engaged exclusively in intrastate commerce, when the 15 5 commercial vehicle's gross vehicle weight rating is 26,000 15 6 pounds or less, unless the vehicle is used to transport 15 7 hazardous materials requiring a placard or if the vehicle is 15 8 designed to transport more than fifteen passengers, including 15 9 the driver. For the purpose of complying with the hours of 15 10 service recordkeeping requirements under 49 C.F.R. } 15 11 395.1(e)(5), a driver's report of daily beginning and ending 15 12 on-duty time submitted to the motor carrier at the end of each 15 13 work week shall be considered acceptable motor carrier time 15 14 records. In addition, rules adopted under this section shall 15 15 not apply to a driver for a farm operation as defined in 15 16 section 352.2, or for an agricultural interest when the 15 17 commercial vehicle is operated between the farm as defined in 15 18 section 352.2 and another farm, between the farm and a market 15 19 for farm products, or between the farm and an agribusiness 15 20 location. A driver or a driver-salesperson for a private 15 21 carrier, who is not for hire and who is engaged exclusively in 15 22 intrastate commerce, may drive twelve hours, be on duty 15 23 sixteen hours in a twenty-four hour period and be on duty 15 24 seventy hours in seven consecutive days or eighty hours in 15 25 eight consecutive days. A driver-salesperson means as defined 15 26 in 49 C.F.R. } 395.2, as adoptedas of a specific dateby the 15 27 department by rule. 15 28 5. a. Notwithstanding other provisions of this section, 15 29 rules adopted under this section concerning physical and 15 30 medical qualifications for drivers of commercial vehicles 15 31 engaged in intrastate commerce shall not be construed as 15 32 disqualifying any individual who was employed as a driver of 15 33 commercial vehicles engaged in intrastate commerce whose 15 34 physical or medical condition existed prior to July 29, 1996. 15 35 b. Notwithstanding other provisions of this section, rules 16 1 adopted under this section concerning physical and medical 16 2 qualifications for a driver shall not apply to a farmer or a 16 3 farmer's hired help when operating a vehicle owned by the 16 4 farmer while it is being used in connection with the 16 5 intrastate transportation of fertilizers and chemicals used in 16 6 the farmer's crop production. 16 7 c. Notwithstanding other provisions of this section, rules 16 8 adopted under this section concerning physical and medical 16 9 qualifications for a driver shall not apply to a farmer or a 16 10 farmer's hired help when operating a vehicle owned by the 16 11 farmer while it is being used in connection with the 16 12 intrastate transportation of agricultural commodities or feed. 16 13 6. Notwithstanding other provisions of this section, rules 16 14 adopted under this section shall not impose any requirements 16 15 which impose any restrictions upon a person operating an 16 16 implement of husbandry or pickup to transport fertilizers and 16 17 pesticides in that person's agricultural operations. 16 18 7. Rules adopted under this section concerning periodic 16 19 inspections shall not apply to special trucks as defined in 16 20 section 321.1, subsection 76, and registered under section 16 21 321.121. 16 22 8. Rules adopted under this section shall not apply to 16 23 vehicles used in combination provided the gross vehicle weight 16 24 rating of the towing unit is ten thousand pounds or less and 16 25 the gross combination weight rating is twenty-six thousand 16 26 pounds or less. 16 27 Sec. 36. Section 321.491, unnumbered paragraph 2, Code 16 28 1999, is amended to read as follows: 16 29 Within ten days after the conviction or forfeiture of bail 16 30 of a person upon a charge of violating any provision of this 16 31 chapter or other law regulating the operation of vehicles on 16 32 highways every magistrate of the court or clerk of the 16 33 district court of record in which the conviction occurred or 16 34 bail was forfeited shall prepare and immediately forward to 16 35 the department an abstract of the record of the case. The 17 1 abstract must be certified by the person preparing it to be 17 2 true and correct. The clerk of the district court shall 17 3 collect a fee of fifty cents for each individual copy of any 17 4 record of conviction or forfeiture of bail furnished to any 17 5 requestor at the clerk's office except for the department or 17 6 other local, state, or federal government entity. Moneys 17 7 collected under this section shall be transferred to the 17 8 department as a repayment receipt, as defined in section 8.2, 17 9 to enhance the efficiency of the department to process records 17 10 and information between the department and the Iowa court 17 11 information system. Notwithstanding any other provision in 17 12 this section or chapter 22, the judicial branch shall be the 17 13 provider of public electronic access to the clerk's records of 17 14 convictions and forfeitures of bail through the Iowa court 17 15 information system and shall, if all such records are provided 17 16 monthly to a vendor,the judicial branch shallcollect a fee 17 17 from such vendor which is the greater of three thousand 17 18 dollars per month or the actual direct cost of providing the 17 19 records. 17 20 Sec. 37. Section 321J.2, subsection 7, paragraph a, Code 17 21 1999, is amended to read as follows: 17 22 a.Division I of thisThis section does not apply to a 17 23 person operating a motor vehicle while under the influence of 17 24 a drug if the substance was prescribed for the person and was 17 25 taken under the prescription and in accordance with the 17 26 directions of a medical practitioner as defined in chapter 17 27 155A or if the substance was dispensed by a pharmacist without 17 28 a prescription pursuant to the rules of the board of pharmacy 17 29 examiners, if there is no evidence of the consumption of 17 30 alcohol and the medical practitioner or pharmacist had not 17 31 directed the person to refrain from operating a motor vehicle. 17 32 Sec. 38. Section 321M.6, subsection 2, paragraph b, Code 17 33 1999, is amended to read as follows: 17 34 b. The county examiner contractually agrees to comply with 17 35 the requirements of 49 C.F.R. } 383.75, as adoptedas of a18 1specific dateby rule by the department. 18 2 Sec. 39. Section 331.605, subsections 3 and 5, Code 1999, 18 3 are amended to read as follows: 18 4 3. A state migratory game bird fee as provided in section 18 5484A.3483A.1. 18 6 5. A county fee of four dollars forthe following18 7certificates, records, or services:18 8a. Aa certified copy of a birth record, death record, or 18 9 marriage certificate. 18 10 Sec. 40. Section 455B.110, subsection 1, paragraph c, 18 11 subparagraph (3), Code 1999, is amended to read as follows: 18 12 (3) The county board of supervisors may designate a county 18 13 employee to accompany a departmental official during the 18 14 investigation of the premises of a confinement feeding 18 15 operation. The county designee shall have the same right of 18 16 access to the real estate of the premises as the departmental 18 17 official conducting the inspection during the period that the 18 18 county designee accompanies the departmental official. 18 19 Sec. 41. Section 501.101, subsection 2, paragraph b, Code 18 20 1999, is amended to read as follows: 18 21 b. A person who owns at least one hundred fifty acres of 18 22 agricultural land and receives as rent a share of the crops or 18 23 the animals raised on the land if that person is a natural 18 24 person or a general partnership as organized under chapter 486 18 25 or 486A in which all partners are natural persons. 18 26 Sec. 42. Section 501.101, subsection 6, paragraph c, Code 18 27 1999, is amended to read as follows: 18 28 c. A general partnership as organized under chapter 486 or 18 29 486A in which all the partners are natural persons actively 18 30 engaged in farming as provided in section 9H.1. 18 31 Sec. 43. Section 501.701, subsection 5, paragraph g, Code 18 32 1999, is amended to read as follows: 18 33 g. Its most recentbiennialannual report delivered to the 18 34 secretary of state under section 501.713. 18 35 Sec. 44. Section 501.702, subsection 5, paragraph a, Code 19 1 1999, is amended to read as follows: 19 2 a. The right of a member to obtain information under 19 3 section501.702501.304 or the right of an interest holder to 19 4 obtain information, if the interest holder is in litigation 19 5 with the cooperative, to the same extent as any other 19 6 litigant. 19 7 Sec. 45. Section 501.713, subsection 5, Code 1999, is 19 8 amended to read as follows: 19 9 5. The secretary of state may provide for the change of 19 10 registered office or registered agent on the form prescribed 19 11 by the secretary of state for the annual report, provided that 19 12 the form contains the information required in section 501.106. 19 13 If the secretary of state determines that an annual report 19 14 does not contain the information required by this section but 19 15 otherwise meets the requirements of section 501.106 for the 19 16 purpose of changing the registered office or registered agent, 19 17 the secretary of state shall file the statement of change of 19 18 registered office or registered agent, effective as provided 19 19 in section 501.105, before returning thebiennialannual 19 20 report to the cooperative as provided in this section. A 19 21 statement of change of registered office or agent pursuant to 19 22 this subsection shall be executed by a person authorized to 19 23 execute the annual report. 19 24 Sec. 46. Section 504A.100, subsection 3, unnumbered 19 25 paragraph 1, Code 1999, is amended to read as follows: 19 26 Any domestic corporation organized or existing under the 19 27 provisions of chapter 504, Code 1989, may voluntarily elect to 19 28 adopt the provisions of this chapter and thereby become 19 29 subject to its provisions and, during the period of two years 19 30 from and after the effective date of this chapter, any foreign 19 31 corporation holding a permit under the provisions of said 19 32 chapter on said date may voluntarily elect to adopt the 19 33 provisions of this chapter and thereby become subject to the 19 34 provisions of this chapter. The procedure for electing to 19 35 adopt the provisions of this chapter shall be as follows: 20 1 Sec. 47. Section 504A.100, subsection 3, paragraph e, 20 2 unnumbered paragraph 1, Code 1999, is amended to read as 20 3 follows: 20 4 The secretary of state shall not file such instrument with 20 5 respect to a domestic corporation unless at the time thereof 20 6 such corporation is validly existing and in good standing in 20 7 that office under the provisions of chapter 504of the, Code 20 8 1989. If the articles of incorporation of such corporation 20 9 have not heretofore been filed in the office of the secretary 20 10 of state, but are on file in the office of a county recorder, 20 11 no such instrument of adoption shall be accepted by the 20 12 secretary of state until the corporation shall have caused its 20 13 articles of incorporation and all amendments duly certified by 20 14 the proper county recorder to be recorded in the office of the 20 15 secretary of state. Upon the filing of such instrument the 20 16 secretary of state shall issue a certificate as to the filing 20 17 of such instrument and deliver such certificate to the 20 18 corporation or its representative. 20 19 Sec. 48. Section 504A.100, subsections 5, 6, 9, and 12, 20 20 Code 1999, are amended to read as follows: 20 21 5. The provisions of this chapter becoming applicable to 20 22 any domestic or foreign corporation shall not affect any right 20 23 accrued or established, or any liability or penalty incurred, 20 24 under the provisions of chapter 504, Code 1989, prior to the 20 25 filing by the secretary of state in the secretary of state's 20 26 office of the instrument manifesting the election of such 20 27 corporation to adopt the provisions of this chapter as 20 28 provided in subsection 3 of this section. 20 29 6. Except for the exceptions and limitations of subsection 20 30 1 of this section, this chapter shall apply to: all domestic 20 31 corporations organized after the date on which this chapter 20 32 became effective; domestic corporations organized or existing 20 33 under chapter 504, Code 1989, which voluntarily elect to adopt 20 34 the provisions of this chapter and comply with the provisions 20 35 of subsection 3 of this section; all foreign corporations 21 1 conducting or seeking to conduct affairs within this state and 21 2 not holding, July 4, 1965, a valid permit so to do; foreign 21 3 corporations holding, on the date the chapter becomes 21 4 effective, a valid permit under the provisions of chapter 504, 21 5 Code 1989, which, during the period of two years from and 21 6 after said date, voluntarily elect to adopt the provisions of 21 7 this chapter and comply with the provisions of subsection 3 of 21 8 this section; and, upon the expiration of the period of two 21 9 years from and after July 4, 1965, all foreign corporations 21 10 holding such a permit on July 4, 1965. 21 11 9. No corporation to which the provisions of this chapter 21 12 apply shall be subject to the provisions of chapter 504, Code 21 13 1989. 21 14 12. Corporations existing under chapter 504, Code 1989, 21 15 shall be subject to this chapter on July 1, 1990, except that 21 16 the corporations shall be subject to sections 504A.8 and 21 17 504A.83 on January 1, 1997. A corporate existence of a 21 18 corporation that is not in compliance on the records of the 21 19 secretary of state with sections 504A.8 and 504A.83 on June 21 20 30, 1997, is terminated, effective July 1, 1997. A 21 21 corporation whose existence is terminated pursuant to this 21 22 subsection may be reinstated. When the reinstatement is 21 23 effective, it relates back to and takes effect as of the 21 24 effective date of the termination of its corporate existence 21 25 as if such termination had never occurred. The secretary of 21 26 state shall adopt rules governing the reinstatement of a 21 27 corporation pursuant to this subsection. 21 28 Sec. 49. Section 523G.4, subsection 2, paragraph d, Code 21 29 1999, is amended by striking the paragraph. 21 30 Sec. 50. Section 602.8102, subsection 152, Code 1999, is 21 31 amended by striking the subsection. 21 32 Sec. 51. Section 692A.2, subsection 4, Code 1999, is 21 33 amended to read as follows: 21 34 4. A person is not required to register while 21 35 incarcerated, in foster care, or in a residential treatment 22 1 program. A person who is convicted, as defined in section 22 2 692A.1, ofeithera criminal offense against a minor, sexual 22 3 exploitation, a sexually violent offense, or an other relevant 22 4 offense as a result of adjudication of delinquency in juvenile 22 5 court shall be required to register as required in this 22 6 chapter unless the juvenile court finds that the person should 22 7 not be required to register under this chapter. If a juvenile 22 8 is required to register and the court later modifies the order 22 9 regarding the requirement to register, the court shall 22 10 immediately notify the department. Convictions of more than 22 11 one offense which require registration under this chapter but 22 12 which are prosecuted within a single indictment shall be 22 13 considered as a single offense for purposes of registration. 22 14 Sec. 52. Section 692A.16, subsection 1, Code 1999, is 22 15 amended to read as follows: 22 16 1. The registration requirements of this chapter shall 22 17 apply to persons convicted of a criminal offense against a 22 18 minor, sexual exploitation, an other relevant offense, or a 22 19 sexually violent offense prior to July 1, 1995, who are 22 20 released on or after July 1, 1995, who are participating in a 22 21 work release or institutional work release program on or after 22 22 July 1, 1995, or who are under parole or probation supervision 22 23 by a judicial district department of correctional services on 22 24 or after July 1, 1995. 22 25 Sec. 53. Section 915.23, subsection 1, Code 1999, is 22 26 amended to read as follows: 22 27 1. An employer shall not discharge an employeefrom, or 22 28 take or fail to take action,regarding an employee's promotion 22 29 or proposed promotion, or take action to reduce an employee's 22 30 wages or benefits,for actual time worked, due to the service 22 31 of an employee as a witness in a criminal proceeding. 22 32 Sec. 54. Section 915.24, subsection 1, unnumbered 22 33 paragraph 1, Code 1999, is amended to read as follows: 22 34 If a complaint is filed alleging that a child has committed 22 35 a delinquent act, the alleged victim, as defined in section 23 1 915.10, has and a juvenile court officer shall notify the 23 2 alleged victim, as defined in section 915.10,of the following 23 3 rights: 23 4 EXPLANATION 23 5 This bill makes nonsubstantive corrections to the Code of 23 6 Iowa. 23 7 Section 12D.5. Subsection 2, paragraph "a", and section 23 8 12D.6, subsection 2, are amended to change the word 23 9 "termination" to the word "cancellation" to conform the 23 10 terminology usage within section 12D.5 and the reference to 23 11 that section in section 12D.6. Section 12D.5 relates to the 23 12 cancellation of agreements within the Iowa educational savings 23 13 plan trust program established under 1998 Iowa Acts, chapter 23 14 1172. 23 15 Section 16.161. Unnumbered paragraph 1, is amended by 23 16 deleting the word "or" and adding punctuation. The 23 17 administrator referred to under the section is the E911 23 18 administrator appointed pursuant to section 34A.2A. 23 19 Subchapter II of chapter 34A relates to the financing of the 23 20 E911 program through the issuance of bonds and notes by the 23 21 Iowa finance authority. Deleting the word "or" allows the 23 22 verb "assist" to be directly modified by the phrase "as 23 23 provided in chapter 34A, subchapter II". 23 24 Section 18.183. Subsection 2, is amended by deleting a 23 25 reference to section 18.182. Section 18.182, which related to 23 26 the powers and duties of the IowaAccess advisory council under 23 27 section 18.181 was contained in section 12 of 1998 Iowa Acts, 23 28 chapter 1224, but both the council and the language relating 23 29 to the council's powers and duties were item vetoed by the 23 30 governor. 23 31 Section 34A.7A. Subsection 2, paragraph "c", subparagraph 23 32 (2), unnumbered paragraph 2, is amended by adding the word 23 33 "wireless" to the fund referred to in that paragraph. The 23 34 correct name of the fund is the wireless E911 emergency 23 35 communications fund, as created in that section. 24 1 Section 68.10. Subsection 5 is amended by changing the 24 2 reference to the chapter entitled "General Assembly" to a 24 3 reference to chapter 2. Chapter 2 is entitled "General 24 4 Assembly". 24 5 Section 85B.11. This section is amended by changing the 24 6 word "exposed" to "subjected" in a sentence relating to 24 7 excessive noise exposure under the occupational hearing loss 24 8 chapter to conform the usage of terminology to changes made in 24 9 1998 Iowa Acts, chapter 1160. That Act included amendments 24 10 which changed language referring to employees who were exposed 24 11 to excessive noise levels to language relating to employees 24 12 who were subjected to excessive noise exposure. 24 13 Section 88A.1. This section is amended by striking a comma 24 14 and adding the word "or" in subsection 2, to correct the 24 15 grammatical usage within that definition. The section is also 24 16 amended by adding the word "ride" to the term "amusement 24 17 owner" in subsection 11, since the sentence in that subsection 24 18 refers to employees, agents, or servants of owners of 24 19 amusement rides and not amusement devices. 24 20 Section 97B.73A. Subsection 1 is amended by striking the 24 21 word "employee" from the term "employee contributions" in a 24 22 provision of the Iowa public employees' retirement system 24 23 chapter which relates to contributions by part-time county 24 24 attorneys. Changes in this section made pursuant to 1998 Iowa 24 25 Acts, chapter 1183, section 66, changed all other references 24 26 from "employee contributions" to "contributions" within this 24 27 section, and the language in which this reference is contained 24 28 refers back to language in which the reference was changed. 24 29 Section 124.502. Subsection 1, paragraph "c", is amended 24 30 by adding the words "and to" to the last sentence to indicate 24 31 that a copy of the inventory of property seized is also to be 24 32 delivered to the applicant for an administrative inspection 24 33 search warrant. The words were inadvertently omitted during 24 34 codification of the amendments to the section into the 1983 24 35 Code Supplement of the Iowa Code. 25 1 Section 135C.33. Subsection 5, paragraph "e", unnumbered 25 2 paragraph 2, is amended by adding the word "checks" to 25 3 language pertaining to the child abuse record. The section 25 4 relates to the performance of checks of criminal and child 25 5 abuse and dependent adult abuse records. 25 6 Section 136B.5. This section is amended by changing the 25 7 word "division" to the word "chapter". There are no divisions 25 8 within chapter 136B, which relates to radon testing. 25 9 Section 144.13A. A reference in section 331.605, which 25 10 provides for the charging of fees for certain records, is 25 11 corrected to refer to subsection 5 instead of subsection 6. 25 12 1995 Iowa Acts, chapter 124, section 11, added new subsections 25 13 6 and 7 to section 331.605. The subsections were renumbered 25 14 during the codification process. However, references to the 25 15 new subsections, one of which was contained in this section, 25 16 were not corrected to reflect that renumbering. 25 17 Section 147.14. Subsection 1 is amended by restructuring 25 18 the sentence relating to the licensing board for the 25 19 profession of barbering. The subsection previously related to 25 20 various licensing boards for the professions of barbering, 25 21 podiatry, and social work, but amendments made by 1996 Iowa 25 22 Acts, chapter 1035, sections 2 and 13, and 1998 Iowa Acts, 25 23 chapter 1002, removed the other two professions from this 25 24 subsection effective July 1, 1998, and necessitated the 25 25 sentence restructure to reflect the reference to a single 25 26 licensing board. 25 27 Section 159.5. Subsection 9, is amended by striking a 25 28 reference to inspection of cold storage plants. Chapter 171, 25 29 which pertained to regulation and inspection of cold storage 25 30 plants was repealed by 1998 Iowa Acts, chapter 1032, section 25 31 9, and was not replaced by other provisions. 25 32 Section 161A.80. Subsection 2, unnumbered paragraph 1, is 25 33 amended by adding the word "revolving" to language referring 25 34 to a fund for protections of blufflands. The correct name of 25 35 the fund is the blufflands protection revolving fund. 26 1 Section 166.42. Unnumbered paragraph 1 is amended by 26 2 changing references to the chief of the division of animal 26 3 industry of the state and the veterinarian-in-charge for Iowa 26 4 of the animal, plant, and health division of the United States 26 5 department of agriculture. There is no longer a division of 26 6 animal industry within the Iowa department of agriculture and 26 7 land stewardship and the functions related to hog-cholera 26 8 outbreaks under this paragraph are performed by the state 26 9 veterinarian. The correct name of the federal inspection 26 10 service is the animal, plant, and health inspection service- 26 11 veterinary services of the United States department of 26 12 agriculture. 26 13 Section 173.6. Unnumbered paragraph 2 is amended by adding 26 14 the words "board congressional" to the term "director". The 26 15 individuals elected under section 173.1, which is referenced 26 16 in this paragraph, are board congressional directors. 26 17 Section 190C.1. Subsections 10 and 19 are amended by 26 18 changing references to food service establishments to 26 19 references to food establishments and changing a reference to 26 20 former section 137B.2 to section 137F.1. Former chapter 137B, 26 21 pertaining to food service establishments, was repealed and 26 22 replaced by new chapter 137F, pertaining to food 26 23 establishments, pursuant to 1998 Iowa Acts, chapter 1162. 26 24 Subsection 18 is amended by adding the word "former" before a 26 25 reference to chapter 504 and adding the word "chapter" before 26 26 a reference to chapter 504A. Chapter 504 was repealed by 1990 26 27 Iowa Acts, chapter 1164, effective July 1, 1990, and 26 28 corporations established under the provisions of that chapter 26 29 are currently subject to the requirements of chapter 504A. 26 30 Section 190C.4. Subsection 3 is amended to change the 26 31 words "issue ordered" to the words "order issued". The 26 32 violation referred to in the subsection is a violation of an 26 33 order which is issued by the department of agriculture and 26 34 land stewardship under the chapter. Chapter 190C pertains to 26 35 the regulation and sale of organic agricultural products. 27 1 Section 200A.3. Subsection 2 is amended by changing a 27 2 reference to "an animal nutrient product" to "a dry animal 27 3 nutrient product". The term "dry animal nutrient product" is 27 4 defined under chapter 200A, which is limited to the regulation 27 5 and licensing of those persons who distribute bulk dry animal 27 6 nutrient products as opposed to any other animal nutrient 27 7 products. 27 8 Section 216A.71. Subsection 1 changes the word 27 9 "administrator" to "director" to correct the reference to the 27 10 title of the administrative head of the department of human 27 11 rights in the chapter pertaining to the department of human 27 12 rights. 27 13 Section 216A.73. Subsection 4 of this section, which 27 14 establishes the ex officio membership of the commission of 27 15 persons with disabilities, is amended to change a reference to 27 16 the director of vocational rehabilitation to a reference to 27 17 the administrator of the division of vocational rehabilitation 27 18 of the department of education. Vocational rehabilitation is 27 19 currently a division of that department and the title of the 27 20 head of that division is "administrator". 27 21 Sections 216B.2 and 216B.6. Unnumbered paragraph 1 is 27 22 amended by replacing the word "subchapter" with "chapter". 27 23 There are no subchapters in chapter 216B, which establishes 27 24 the department for the blind. 27 25 Section 230A.3. Subsection 3 is amended to change the name 27 26 of the mental health and mental retardation commission to the 27 27 correct name of the mental health and developmental 27 28 disabilities commission. 27 29 Section 235A.13. This section, containing the definitions 27 30 which apply to the child abuse information registry, is 27 31 amended by striking subsection 7, moving the identical 27 32 language to new subsection 1, and renumbering the remaining 27 33 subsections to place the subsections in proper alphabetical 27 34 order. 27 35 Section 249A.4. Subsection 15 is amended to change the 28 1 name of the mental health and mental retardation commission to 28 2 the correct name of the mental health and developmental 28 3 disabilities commission. 28 4 Section 280.11. This section is amended by combining 28 5 unnumbered paragraph 1 and subsection 1 (no subsection 2 28 6 currently exists) and numbering and renumbering the section. 28 7 The section pertains to the use of ear-protective devices in 28 8 vocational or industrial arts shops or laboratories. 28 9 Sections 321.187, 321.188, 321.208, 321.449, and 321M.6. 28 10 These sections are amended by deleting language which refers 28 11 to an adoption of rules relating to requirements for 28 12 commercial driver's licenses by the department of 28 13 transportation by a specific date. The rules were adopted 28 14 pursuant to the federal requirements and, under the federal 28 15 language, persons subject to the federal requirements must 28 16 comply with those requirements irrespective of any state rules 28 17 adopted pursuant to the federal requirements. The unnumbered 28 18 paragraphs in section 321.449 were also assigned alpha-numeric 28 19 section designations. 28 20 Section 321.491. Unnumbered paragraph 2 is amended by 28 21 striking the words "the judicial branch shall" to correct the 28 22 sentence structure in that paragraph. The subject and verb 28 23 auxiliary antecedents are still "the judicial branch" and 28 24 "shall" under the sentence as amended. 28 25 Section 321J.2. Subsection 7, paragraph "a", is amended by 28 26 striking the words "Division I of this" and replacing the 28 27 words with "This". There are no divisions in Code section 28 28 321J.2 and the words "Division I of this" were inadvertently 28 29 added during the amending and enrolling process for 1998 Iowa 28 30 Acts, chapter 1138. 28 31 Section 331.605. Subsection 3 is amended by changing a 28 32 reference from Code section 484A.3 to 483A.1. Code section 28 33 484A.3 was repealed by 1998 Iowa Acts, chapter 1199, section 28 34 26. Code section 483A.1 lists the fees and the charges for 28 35 various licenses and contains the separate migratory game bird 29 1 fee. Subsection 5 is amended by combining paragraph "a" with 29 2 unnumbered paragraph 1. 1998 Iowa Acts, chapter 1020, struck 29 3 paragraph "b" in this subsection, leaving the obtaining of a 29 4 certified copy of a birth record, death record, or marriage 29 5 certificate as the only services for which a four-dollar 29 6 county fee may be charged. 29 7 Section 455B.110. Subsection 1, paragraph "c", 29 8 subparagraph (3), is amended by adding the word "designee" 29 9 after the word "county" to refer to the official who will 29 10 accompany the departmental official during the investigation 29 11 of the premises of a confinement feeding operation. 29 12 Section 501.101. Subsection 2, paragraph "b", and 29 13 subsection 6, paragraph c, are amended by adding references to 29 14 new Code chapter 486A. 1998 Iowa Acts, chapter 1201, 29 15 established a new uniform partnership act, which is currently 29 16 optional but will replace current Code chapter 486 on January 29 17 1, 2001. 29 18 Sections 501.701 and 501.713. Subsection 5, paragraph "g", 29 19 of 501.701 and subsection 5, of section 501.713, are amended 29 20 by changing the word "biennial" to "annual". 1998 Iowa Acts, 29 21 chapter 1152, changed the timeframe for the submission of 29 22 reports by cooperative corporations under Code section 501.713 29 23 from biennial reporting to annual reporting. 29 24 Section 501.702. Subsection 5, paragraph "a", is amended 29 25 to correct a reference which relates to a member of a 29 26 cooperative corporation to receive information from Code 29 27 section 501.702 to Code section 501.304. Code section 501.304 29 28 pertains to member information. 29 29 Section 504A.100. Subsections 3, 5, 6, 9, and 12, are 29 30 amended by adding the words "Code 1989" after references to 29 31 chapter 504. Chapter 504 was repealed by 1990 Iowa Acts, 29 32 chapter 1164, effective July 1, 1990, and corporations 29 33 established under the provisions of that chapter are currently 29 34 subject to the requirements of Code chapter 504A. 29 35 Section 523G.4. Subsection 2, paragraph "d", which 30 1 requires an invention developer to include in a written 30 2 disclosure to a customer a copy of current registration 30 3 certificate issued under section 523G.10, is stricken. 1998 30 4 Acts, chapter 1119, section 6, repealed section 523G.10. 30 5 Section 602.8102. Subsection 152, which relates to the 30 6 clerk of the district court's duties relating to a trial 30 7 certificate list, is stricken. The 1998 revisions by the Iowa 30 8 supreme court to the Iowa rules of civil procedure eliminated 30 9 the trial certificate and the trial certificate list. 30 10 Section 692A.2. Subsection 4 is amended by striking the 30 11 word "either" in the sentence referring to the offenses which 30 12 require registration under the sex offender registration 30 13 chapter. There are more than two classes of offenses which 30 14 trigger the registration requirements. 30 15 Section 692A.16. Subsection 1 is amended by adding the 30 16 word "who" to indicate the applicability of the sex offender 30 17 registration requirements to persons convicted of a criminal 30 18 offense against a minor, sexual exploitation, another relevant 30 19 offense, or a sexually violent offense prior to July 1, 1995, 30 20 but who are released on or after July 1, 1995, or who meet 30 21 certain other criteria. 30 22 Section 915.23. Subsection 1 is amended by making 30 23 grammatical corrections. The corrections specify that an 30 24 employer is not to discharge an employee or take or fail to 30 25 take action regarding a promotion or proposed promotion or 30 26 take action to reduce benefits for actual time worked when an 30 27 employee serves as a witness in a criminal proceeding. 30 28 Section 915.24. Subsection 1 is amended to specify that an 30 29 alleged victim of a delinquent act has the rights which are to 30 30 be included in the notice provided by the juvenile court 30 31 officer. 30 32 LSB 1621SC 78 30 33 lh/sc/14.1
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