Text: SSB03013 Text: SSB03015 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 12C.6A subsection 5, paragraph b, Code 1 2 Supplement 1999, is amended to read as follows: 1 3 b. If any committee member, in the member's discretion, 1 4 finds that the complaint has merit, the member may order the 1 5 bank alleged to have failed to meet its community reinvestment 1 6 responsibility to attend and participate in a meeting with the 1 7 complainant. The committee member may specify who, at 1 8 minimum, shall represent thefinancial institutionbank at the 1 9 meeting. At the meeting, or at any other time, the bank may, 1 10 but is not required to, enter into an agreement with a 1 11 complainant to correct alleged failings. 1 12 Sec. 2. Section 12C.25, unnumbered paragraph 2, Code 1 13 Supplement 1999, is amended to read as follows: 1 14 The funds shall be used to receive and disburse moneys 1 15 pursuant to section 12C.23, subsection 3, paragraph "d" and 1 16 section 12C.23A, subsection 3, paragraph "d". 1 17 Sec. 3. Section 13B.4, subsection 4, paragraph c, 1 18 unnumbered paragraph 2, Code Supplement 1999, is amended to 1 19 read as follows: 1 20 d. Notwithstanding chapter 17A, the attorney may seek 1 21 review of any action or intended action taken pursuant to 1 22 paragraph"d""c" by filing a motion with the court with 1 23 jurisdiction over the original appointment for review. The 1 24 motion must be filed within twenty days of any action taken by 1 25 the state public defender. The attorney shall have the burden 1 26 to establish by a preponderance of the evidence that the 1 27 amount of compensation and expenses is reasonable and 1 28 necessary to competently represent the client. The filing of 1 29 a motion shall not delay the payment of the amount specified 1 30 by the state public defender pursuant to this subsection. 1 31 Sec. 4. Section 13B.8, subsection 2, Code Supplement 1999, 1 32 is amended to read as follows: 1 33 2. The state public defender may appointa local public1 34defenderand may remove the local public defender, assistant 1 35 local public defenders, clerks, investigators, secretaries, or 2 1 other employees for cause. Each local public defender, and 2 2 any assistant local public defender, must be an attorney 2 3 admitted to the practice of law before the Iowa supreme court. 2 4 Sec. 5. Section 29B.20, Code 1999, is amended to read as 2 5 follows: 2 6 29B.20 COMPLETE RECORD. 2 7 A sentence imposing a dishonorable discharge, discharge 2 8 under other than honorable conditions, dismissal, or 2 9 confinement shall not be adjudged unless a complete record of 2 10 the proceedings and testimony has been made, counsel having 2 11 the qualifications prescribed under this code was detailed to 2 12 represent the accused, and a military judge was detailed to 2 13 the trial, except in any case in which a military judge could 2 14 not be detailed to the trial because of physical conditions or 2 15 military exigencies. If a military judge was not detailed to 2 16 the trial, the convening authority shall make a detailed 2 17 written statement, to be appended to the record, stating the 2 18 reason a military judge could not be detailed. 2 19 Sec. 6. Section 35C.1, subsection 1, Code 1999, is amended 2 20 to read as follows: 2 21 1. In every public department and upon all public works in 2 22 the state, and of the counties, cities, and school 2 23 corporations of the state,honorably discharged persons from2 24the military or naval forces of the United States in any war2 25in which the United States has been engaged, including the2 26Korean Conflict at any time between June 25, 1950 and January2 2731, 1955, both dates inclusive, the Vietnam Conflict beginning2 28August 5, 1964, and ending on May 7, 1975, both dates2 29inclusive, and the Persian Gulf Conflict beginning August 2,2 301990, and ending on the date specified by the president or the2 31Congress of the United States as the date of permanent2 32cessation of hostilities, both dates inclusiveveterans as 2 33 defined in section 35.1, who are citizens and residents of 2 34 this state are entitled to preference in appointment and 2 35 employment over other applicants of no greater qualifications. 3 1However, if the Congress of the United States enacts a date3 2different from August 2, 1990, as the beginning of the Persian3 3Gulf Conflict to determine the eligibility of a veteran for3 4military benefits as a veteran of the Persian Gulf Conflict,3 5the date enacted by the Congress of the United States shall be3 6substituted for August 2, 1990.The preference in appointment 3 7 and employment for employees of cities under a municipal civil 3 8 service is the same as provided in section 400.10.For the3 9purposes of this section service in World War II means service3 10in the armed forces of the United States between December 7,3 111941, and December 31, 1946, both dates inclusive.3 12 Sec. 7. Section 37.9, unnumbered paragraph 6, Code 3 13 Supplement 1999, is amended to read as follows: 3 14 The commissioners having the management and control of a 3 15 memorial hospital shall, within ten days after their 3 16 appointment, qualify by taking the usual oath of office, but 3 17 no bonds shall be required of them except as hereinafter 3 18 provided. The commissioners shall organize by electing a 3 19 chairperson, secretary, and treasurer. The secretary and 3 20 treasurer shall each file with the chairperson of the 3 21 commission a surety bond in such sum as the commission may 3 22 require, with sureties approved by the commission, for the use 3 23 and benefit of the memorial hospital. The reasonable costs of 3 24 such bonds shall be paid from operating funds of the hospital. 3 25 The secretary shall immediately report to the county auditor 3 26 and county treasurer the names of the chairperson, secretary, 3 27 and treasurer of the commission. The commission shall meet at 3 28 least once each month. Three members ofthea five-member 3 29 commission and five members of a seven-member commission shall 3 30 constitute a quorum for the transaction of business. The 3 31 secretary shall keep a complete record of its proceedings. 3 32 Sec. 8. Section 46.24, unnumbered paragraph 2, Code 3 33 Supplement 1999, is amended to read as follows: 3 34 The state board of canvassers shall, at the time of 3 35 canvassing the vote cast at a general election, open and 4 1 canvass all of the returns for the judicial election. Each 4 2 judge of the supreme court, court of appeals or district court 4 3 including a district associate judge, full-time associate 4 4 juvenile judge, or full-time associate probate judge, or a 4 5 clerk of the district court who has received more affirmative 4 6 than negative votes shall receive from the state board of 4 7 canvassers an appropriate certificate so stating. 4 8 Sec. 9. Section 91C.8, subsection 4, Code Supplement 1999, 4 9 is amended to read as follows: 4 10 4. If a citation is issued, the commissioner shall, within 4 11 seven days, notify the contractor by service in the same 4 12 manner as an original notice or by certified mail of the 4 13 administrative penalty, if any, proposed to be assessed and 4 14 that the contractor has fifteen working days within which to 4 15 notify the commissioner that theemployercontractor wishes to 4 16 contest the citation or proposed assessment of penalty. 4 17 Sec. 10. Section 123.39, subsection 4, Code 1999, is 4 18 amended to read as follows: 4 19 4. If the cause for suspension is a first offense 4 20 violation of section 123.49, subsection 2, paragraph "h", the 4 21 administrator or local authority shall impose a civil penalty 4 22 in the amount ofthreefive hundred dollars in lieu of 4 23 suspension of the license or permit. Local authorities shall 4 24 retain civil penalties collected under this paragraph if the 4 25 proceeding to impose the penalty is conducted by the local 4 26 authority. The division shall retain civil penalties 4 27 collected under this paragraph if the proceeding to impose the 4 28 penalty is conducted by the administrator of the division. 4 29 Sec. 11. Section 141A.8, subsection 7, Code Supplement 4 30 1999, is amended to read as follows: 4 31 7. When a care provider in the course of providing care 4 32 sustains a significant exposure on the premises of a health 4 33carefacility or while engaged in rendering aid or providing 4 34 transportation to an individual in circumstances which lead to 4 35 the individual's presence at a healthcarefacility, the 5 1 individual to whom the care provider was exposed is deemed to 5 2 consent to a test to be administered by the healthcare5 3 facility upon the written request of the exposed care provider 5 4 for the express purpose of determining the presence of HIV 5 5 infection in that individual. The sample and test results 5 6 shall only be identified by a number and no reports otherwise 5 7 required by this chapter shall be made which identify the 5 8 individual tested. However, if the test results are positive, 5 9 the healthcarefacility shall notify the individual tested 5 10 and ensure performance of counseling and reporting 5 11 requirements of this chapter in the same manner as for an 5 12 individual from whom actual consent was obtained. 5 13 Sec. 12. Section 161D.1, subsection 4, Code Supplement 5 14 1999, is amended to read as follows: 5 15 4. Thischaptersubchapter is not intended to affect the 5 16 authority of the department of natural resources in its 5 17 acquisition, development, and management of public lands 5 18 within the counties represented by the authority. 5 19 Sec. 13. Section 161D.3, unnumbered paragraph 1, Code 5 20 Supplement 1999, is amended to read as follows: 5 21 As used in thischaptersubchapter, unless the context 5 22 otherwise requires: 5 23 Sec. 14. Section 182.14, subsection 1, Code Supplement 5 24 1999, is amended to read as follows: 5 25 1. If approved by a majority of voters at a referendum, an 5 26 assessmenttoshall be set by the board at not more than two 5 27 cents for each pound of wool produced and sold by a producer 5 28 and not more than ten cents per head on sheep sold by a 5 29 producer. 5 30 Sec. 15. Section 184A.6, subsection 2, Code Supplement 5 31 1999, is amended to read as follows: 5 32 2. The council shall expend moneys from the account first 5 33 for the payment of expenses for the collection of assessments, 5 34 and then for the payment of expenses related toconnecting5 35 conducting a referendum as provided in section 184A.12. The 6 1 council shall expend remaining moneys for market development, 6 2 producer education, and the payment of refunds to producers as 6 3 provided in this chapter. 6 4 Sec. 16. Section 235A.18, subsection 1, paragraph b, Code 6 5 Supplement 1999, is amended to read as follows: 6 6 b. Data sealed in accordance with this section shall be 6 7 expunged eight years after the date the data was sealed. 6 8 However, if the report data and the disposition data involve 6 9 child abuse as defined in section 232.68, subsection 2, 6 10paragraphsparagraph "c"andor "e", the data shall not be 6 11 expunged for a period of thirty years. Sealed data shall be 6 12 made available to the department of justice upon request if 6 13 the prosecutor's review committee is reviewing records or if a 6 14 prosecuting attorney has filed a petition to commit a sexually 6 15 violent predator under chapter 229A. 6 16 Sec. 17. Section 260G.6, Code Supplement 1999, is amended 6 17 to read as follows: 6 18 260G.6 PROGRAM CAPITAL FUNDS ALLOCATION. 6 19 If moneys are appropriated by the general assembly to 6 20 support program capital costs, the moneys shall be allocated 6 21 according to rules adopted by the department of economic 6 22 development pursuant to chapter 17A. In order to receive such 6 23 moneys a program agreement approved by the community college 6 24 board of directors must be in place, program capital cost 6 25 requests shall be approved by the Iowa economic development 6 26 board created in section 15.103, program capital cost requests 6 27 shall be approved or denied not later than sixty days 6 28 following receipt of the request by the department of economic 6 29 development, and employer contributions toward program capital 6 30 costs shall be certified and agreed to in the agreement. 6 31 Sec. 18. Section 317.1, subsection 1, Code 1999, is 6 32 amended to read as follows: 6 33 1. Primary noxious weeds, which shall include quack grass 6 34 (Agropyron repens), perennial sow thistle (Sonchus arvensis), 6 35 Canada thistle (Cirsium arvense), bull thistle (Cirsium 7 1 lanceolatum), European morning glory or field bindweed 7 2 (Convolvulus arvensis), horse nettle (Solanum carolinense), 7 3 leafy spurge (Euphorbia esula), perennial pepper-grass 7 4 (Lepidium draba), Russian knapweed (Centaurea repens), 7 5 buckthorn (Rhamnus, not to include Rhamnus frangula), and all 7 6 other species of thistles belonging in genera of Cirsium and 7 7 Carduus.)7 8 Sec. 19. Section 321.34, subsection 15, Code Supplement 7 9 1999, is amended to read as follows: 7 10 15. LEGION OF MERIT SPECIAL PLATES. The owner of a motor 7 11 vehicle subject to registration under section 321.109, 7 12 subsection 1, light delivery truck, panel delivery truck, 7 13 motorcycle, trailer, or pickup who has been awarded the legion 7 14 of merit may, upon written application to the department and 7 15 presentation of satisfactory proof of the award of the legion 7 16 of merit as established by the Congress of the United States, 7 17 order special registration plates with a legion of merit 7 18 processed emblem. The emblem shall be designed by the 7 19 department in cooperation with the adjutant general and shall 7 20 signify that the owner was awarded the legion of merit. The 7 21 application is subject to approval by the department, in 7 22 consultation with the adjutant general. The special plates 7 23 shall be issued at no charge and are subject to an annual 7 24 registration fee of fifteen dollars. The county treasurer 7 25 shall validate the special plates in the same manner as 7 26 regular registration plates are validated under this section. 7 27 The surviving spouse of a person who was issued special 7 28 plates under this subsection may continue to use or apply for 7 29 and use the special plates subject to registration of the 7 30 special plates in the surviving spouse's name and upon payment 7 31 of the annual registration fee. If the surviving spouse 7 32 remarries, the surviving spouse shall return the special 7 33 plates to the department and the department shall issue 7 34 regular registration plates to the surviving spouse. 7 35 Sec. 20. Section 321.49, subsection 3, Code Supplement 8 1 1999, is amended to read as follows: 8 2 3. A mobile home dealer who acquires a used mobile home,8 3 or manufactured housing, titled in Iowa, and who does not 8 4 apply for and obtain a certificate of title from the county 8 5 treasurer of the dealer's county of residence within thirty 8 6 days of the date of acquisition, as required under section 8 7 321.45, subsection 4, is subject to a penalty of ten dollars. 8 8 A certificate of title shall not be issued to the mobile home 8 9 dealer until the penalty is paid. 8 10 Sec. 21. Section 321.104, unnumbered paragraph 1, Code 8 11 Supplement 1999, is amended to read as follows: 8 12 It is a misdemeanor, punishable as provided in section 8 13321.482805.8 for any person to commit any of the following 8 14 acts: 8 15 Sec. 22. Section 322.27, Code 1999, is amended to read as 8 16 follows: 8 17 322.27 MANUFACTURER'S LICENSE. 8 18 A manufacturer, except an alien manufacturer represented by 8 19 an importer,distributor branch, factory representative or8 20distributor representativeshall not engage in business as a 8 21 manufacturer in this state or employ, appoint or maintain 8 22 distributors or wholesalers, factory representatives or8 23branches, distributor representatives or branches,or dealers, 8 24 without a license as provided in this chapter. However, new 8 25 motor vehicle dealers may wholesale motor vehicles without an 8 26 additional license and used motor vehicle dealers may 8 27 wholesale used motor vehicles without an additional license. 8 28 Sec. 23. Section 322.30, Code 1999, is amended to read as 8 29 follows: 8 30 322.30 DISPLAY. 8 31 The licenses of manufacturers, factory branches,and 8 32 distributorsand distributor branchesshall specify the 8 33 location of the officeor branchand must be conspicuously 8 34 displayed at such location. In case such location be changed, 8 35 the department shall endorse the change of location on the 9 1 license without charge if it be within the same municipality. 9 2 A change of location to another municipality shall require a 9 3 new license. 9 4 Sec. 24. Section 322C.8, Code 1999, is amended to read as 9 5 follows: 9 6 322C.8 MANUFACTURER'S OR DISTRIBUTOR'S REPRESENTATIVE. 9 7 A manufacturer'sor distributor's representativeshall not 9 8 engage in business in this state without a license pursuant to 9 9 this chapter. 9 10 Sec. 25. Section 322C.9, subsection 2, Code 1999, is 9 11 amended by striking the subsection. 9 12 Sec. 26. Section 403A.22, subsection 5, Code Supplement 9 13 1999, is amended to read as follows: 9 14 5. Stock ownership in a corporation having such an 9 15 interest shall not be deemed an interestorof, or ownership 9 16 or control by, the person owning such stocks when less than 9 17 five percent of the outstanding stock of the corporation is 9 18 owned or controlled directly or indirectly by such person. 9 19 Sec. 27. Section 427A.12, subsections 3 and 4, Code 9 20 Supplement 1999, are amended to read as follows: 9 21 3. The county auditor shall certify and forward one copy 9 22 each of the statement to the state comptroller and to the 9 23 director of revenue not later than January 15, 1974.The9 24director of revenue shall make any necessary corrections and9 25certify to the state comptroller the amount of the personal9 26property tax replacement base for each taxing district in the9 27state, determined pursuant to subsection 2.9 28 4. The personal property tax replacement base for each 9 29 taxing district is permanent and shall not be adjusted, except 9 30 that the department ofmanagementrevenue and finance shall 9 31 make any necessary corrections and shall make appropriate 9 32 adjustments to reflect mergers, annexations, and other changes 9 33 in taxing districts or their boundaries. 9 34 Sec. 28. Section 427A.12, subsections 5, 6, and 7, Code 9 35 Supplement 1999, are amended by striking the subsections. 10 1 Sec. 29. Section 455B.165, subsection 7, paragraph d, 10 2 subparagraph (2), Code 1999, is amended to read as follows: 10 3 (2) The spray irrigation equipment disperses manure 10 4 through an orifice at aratemaximum pressure of not more than 10 5 twenty-five pounds per square inch. 10 6 Sec. 30. Section 456A.20, subsection 2, Code Supplement 10 7 1999, is amended to read as follows: 10 8 2. The department shall deposit a portion of the moneys 10 9 that it receives from selling trees and shrubs as provided in 10 10 this section to the forestry management and enhancement fund 10 11 as created in section 456A.21. The amount deposited in the 10 12 fund shall equal five cents for each coniferous tree and ten 10 13 cents for each hardwood tree and shrubreceived from the sales10 14 sold. 10 15 Sec. 31. Section 481C.3, Code Supplement 1999, is amended 10 16 to read as follows: 10 17 481C.3 FUNDING. 10 18Notwithstanding section 483A.30, theThe revenue from 10 19 nonresident deer and wild turkey hunting licenses shallfirst10 20 be used to pay the salaries, support, and maintenance of the 10 21 wild animal depredation unit established pursuant to section 10 22 481C.1.The remaining revenue from nonresident deer and wild10 23turkey hunting licenses shall be used to meet the requirements10 24of section 483A.30.10 25 Sec. 32. Section 572.23, subsection 2, Code Supplement 10 26 1999, is amended to read as follows: 10 27 2. If acknowledgment of satisfaction is not filed within 10 28 thirty days after service of the demand in writing, the party 10 29 serving the demand or causing the demand to be served may file 10 30 for record with the clerk of the district court a copy of the 10 31 demand with proofs of service attached and endorsed and, in 10 32 case of service by publication, a personal affidavit that 10 33 personal service could not be made within this state. Upon 10 34 completion of the requirements of this subsection, the record 10 35 shall be constructive notice to all parties of the due 11 1 forfeiture and cancellation of the lien. Upon the filing of 11 2 theforfeiture of the liendemand with the required 11 3 attachments, the clerk of the district court shall mail a 11 4 file-stamped copy of thecancellationdemand to both parties. 11 5 Sec. 33. Section 579B.4, subsection 3, Code Supplement 11 6 1999, is amended to read as follows: 11 7 3. Except as provided in chapter 581, a lien created under 11 8thissectionuntil preserved579B.3 and a lien preserved under 11 9 this section are superior to and shall have priority over a 11 10 conflicting lien or security interest in the commodity, 11 11 including a lien or security interest that was perfected prior 11 12 to the creation of the lien under this chapter. 11 13 Sec. 34. Section 598B.204, subsection 4, Code Supplement 11 14 1999, is amended to read as follows: 11 15 4. A court of this state which has been asked to make a 11 16 child-custody determination under this section, upon being 11 17 informed that a child-custody proceeding has been commenced 11 18 in, or a child-custody determination has been made by, a court 11 19 of a state having jurisdiction under sections 598B.201 through 11 20 598B.203, shall immediately communicate with the other court. 11 21 A court of this state which is exercising jurisdiction 11 22 pursuant to sections 598B.201 through 598B.203, upon being 11 23 informed that a child-custody proceeding has been commenced 11 24 in, or a child-custody determination has been made by, a court 11 25orof another state under a statute similar to this section 11 26 shall immediately communicate with the court of that state to 11 27 resolve the emergency, protect the safety of the parties and 11 28 the child, and determine a period for the duration of the 11 29 temporary order. 11 30 Sec. 35. Section 598B.308, subsection 4, paragraph a, Code 11 31 Supplement 1999, is amended to read as follows: 11 32 a. The child-custody determination has not been registered 11 33 and confirmed under section 598B.305 and thatallany of the 11 34 following apply: 11 35 (1) The issuing court did not have jurisdiction under 12 1 article II. 12 2 (2) The child-custody determination for which enforcement 12 3 is sought has been vacated, stayed, or modified by a court 12 4 having jurisdiction to do so under article II. 12 5 (3) The respondent was entitled to notice, but notice was 12 6 not given in accordance with the standards of section 12 7 598B.108, in the proceedings before the court that issued the 12 8 order for which enforcement is sought. 12 9 Sec. 36. Section 633.20A, Code Supplement 1999, is amended 12 10 to read as follows: 12 11 633.20A PART-TIME ASSOCIATE PROBATE JUDGE – APPOINTMENT 12 12 – REMOVAL – QUALIFICATIONS. 12 13 The chief judge of a judicial district may appoint a part- 12 14 time associate probate judge and may remove the part-time 12 15 associate probate judge for cause following a hearing. The 12 16 part-time associate probate judge shall be an attorney 12 17 admitted to practice law in this state and shall be qualified 12 18 for the position by training and experience. 12 19 Sec. 37. Section 637.423, subsection 4, Code Supplement 12 20 1999, is amended to read as follows: 12 21 4. If a trust owns an interest in minerals, water, or 12 22 other natural resources on or before July 1,19992000, the 12 23 trustee may allocate receipts from the interest as provided in 12 24 this section or in the manner used by the trustee before July 12 25 1,19992000. If the trust acquires an interest in minerals, 12 26 water, or other natural resources after July 1,19992000, the 12 27 trustee shall allocate receipts from the interest as provided 12 28 in this section. 12 29 Sec. 38. Section 637.424, subsection 5, Code Supplement 12 30 1999, is amended to read as follows: 12 31 5. If a trust owns an interest in timberland on or before 12 32 July 1,19992000, the trustee may allocate net receipts from 12 33 the sale of timber and related products as provided in this 12 34 section or in the manner used by the trustee before July 1, 12 3519992000. If the trust acquires an interest in timberland 13 1 after July 1,19992000, the trustee shall allocate net 13 2 receipts from the sale of timber and related products as 13 3 provided in this section. 13 4 Sec. 39. Section 692.15, subsection 3, Code Supplement 13 5 1999, is amended to read as follows: 13 6 3. The law enforcement agency making an arrest and 13 7 securing fingerprints pursuant to section 690.2 or taking a 13 8 juvenile into custody and securing fingerprints pursuant to 13 9 section 232.148 shall fill out a final disposition report on 13 10 each arrest or taking into custody on a form and in the manner 13 11 prescribed by the commissioner of public safety. The final 13 12 disposition report shall be forwarded to the county attorney 13 13 in the county where the arrest or taking into custody occurred 13 14 or to the juvenile court officer who received the referral. 13 15 Sec. 40. Section 805.10, Code 1999, is amended to read as 13 16 follows: 13 17 805.10 REQUIRED COURT APPEARANCE. 13 18 1. Section 805.9 shall not apply to a scheduled violation 13 19 in any of the following circumstances: 13 201.a. When the violation charged involved or resulted in 13 21 an accident or injury to property and the total damages are 13 22 one thousand dollars or more, or in an injury to person. 13 232.b. When the violation created an immediate threat to 13 24 the safety of other persons or property because of highway 13 25 conditions, visibility, traffic, repetition, or other 13 26 circumstances. 13 27 c. When the violation charged involves the taking of an 13 28 animal for which there is a civil damage assessment in 13 29 addition to a criminal penalty. 13 30 2. In such cases, the defendant shall appear before the 13 31 court and regular procedure shall apply. If an information is 13 32 used the officer shall endorse thereon, "Court appearance 13 33 required." If a citation and complaint is used, the officer 13 34 shall strike out the space in which the defendant may admit 13 35 the violation before a scheduled violations office and shall 14 1 endorse thereon "Court appearance required" and the defendant 14 2 shall appear before the court either in person or by attorney. 14 33. When the violation charged involves the taking of an14 4animal for which there is a civil damage assessment in14 5addition to a criminal penalty.14 6 Sec. 41. Section 805.11, Code 1999, is amended to read as 14 7 follows: 14 8 805.11 OTHER PENALTIES. 14 9 If the defendant is convicted of a scheduled violation, the 14 10 penalty is the scheduled fine, without suspension of the fine 14 11 prescribed in section 805.8 together with costs assessed and 14 12 distributed as prescribed by section 602.8106, unless it 14 13 appears from the evidence that the violation was of the type 14 14 set forth in section 805.10, subsection 1or 2, paragraph "a" 14 15 or "b", in which event the scheduled fine does not apply and 14 16 the penalty shall be increased within the limits provided by 14 17 law for the offense. 14 18 Sec. 42. Section 904.809, subsection 5, paragraph d, Code 14 19 Supplement 1999, is amended to read as follows: 14 20 d. Of the amount credited to the inmate's general account, 14 21 the department shall deduct an amount representing any other 14 22 legal or administrative financial obligations of the inmate. 14 23 Sec. 43. Section 29B.116, Code 1999, is amended by 14 24 striking the word "rape" and inserting in lieu thereof the 14 25 words "sexual abuse". 14 26 Sec. 44. 1999 Iowa Acts, chapter 13, section 29, 14 27 subsection 8, is amended to read as follows: 14 28 8. Section 28, repealing sections 309.42, 309.56, and 14 29321.1321.21. 14 30 Sec. 45. 1999 Iowa Acts, chapter 55, section 5, is amended 14 31 to read as follows: 14 32 SEC. 5. TRANSITION TO FISCAL YEAR. The limit on foster 14 33 home liability established in section 237.13, subsection 6, 14 34 Code 1999, in effect for the calendar year beginning January 14 35 1, 1999, shall apply through June 30, 1999. This section of 15 1 this Act, being deemed of immediate importance, takes effect 15 2 upon enactment. 15 3 Sec. 46. 1999 Iowa Acts, chapter 131, section 3, is 15 4 amended to read as follows: 15 5 SEC. 3. EFFECTIVE DATE AND APPLICABILITY. This Act, being 15 6 deemed of immediate importance, takes effect upon enactment, 15 7 and shall apply to all claims of exemption under thissection15 8 Act made on or after the day of enactment. 15 9 Sec. 47. EFFECTIVE DATES. 15 10 1. This section, being deemed of immediate importance, 15 11 takes effect upon enactment. 15 12 2. Section 44 of this Act, amending 1999 Iowa Acts, 15 13 chapter 13, section 29, being deemed of immediate importance, 15 14 takes effect upon enactment, and applies retroactively to 15 15 April 7, 1999. 15 16 3. Section 45 of this Act, amending 1999 Iowa Acts, 15 17 chapter 55, section 5, being deemed of immediate importance, 15 18 takes effect upon enactment, and applies retroactively to 15 19 April 23, 1999. 15 20 4. Section 46 of this Act, amending 1999 Iowa Acts, 15 21 chapter 131, section 3, being deemed of immediate importance, 15 22 takes effect upon enactment, and applies retroactively to May 15 23 17, 1999. 15 24 EXPLANATION 15 25 This bill makes corrections to the Code of Iowa to reflect 15 26 current practices, to insert omissions, to delete 15 27 redundancies, inaccuracies, and temporary language, to resolve 15 28 inconsistencies and conflicts, to update ongoing provisions, 15 29 and to remove ambiguities. 15 30 Code section 12C.6A. Subsection 5, paragraph "b", is 15 31 amended by substituting the word "bank" for the words 15 32 "financial institution", to be consistent with the other 15 33 changes made in the section by 1999 Iowa Acts, chs. 53 and 15 34 117. 15 35 Code section 12C.25. Unnumbered paragraph 2 of this 16 1 section is amended by adding a reference to section 12C.23A, 16 2 subsection 3, paragraph "d". 1999 Iowa Acts, ch. 117, made 16 3 changes relating to public depositories by splitting out the 16 4 various provisions that related to banks and to credit unions. 16 5 Code section 12C.23 now relates to payment of losses in a 16 6 credit union only. Code section 12C.23A contains the 16 7 identical provisions relating to payment of losses in a bank. 16 8 Code section 13B.4. Subsection 4, the last unnumbered 16 9 paragraph, is amended by striking the reference to "paragraph 16 10 "d" and inserting the words "paragraph "c" in language 16 11 relating to review of action or intended action by the state 16 12 public defender on attorney fee claims. Subsection 4 has no 16 13 paragraph "d". 16 14 Code section 13B.8. Subsection 2 is amended by striking 16 15 the words "a local public defender" to clarify that the state 16 16 public defender may both appoint and remove not only the local 16 17 public defender but also the other employees listed in that 16 18 subsection. Without the change, the state public defender 16 19 could only remove those other employees. 16 20 Code section 29B.20. Language relating to whether a 16 21 military judge was detailed to a trial is added to provisions 16 22 establishing the requirements which must be met before a 16 23 sentence imposing a dishonorable discharge, discharge under 16 24 other than honorable conditions, dismissal, or confinement can 16 25 be adjudged. The addition of this language conforms the 16 26 section to the language in section 819 of article 19 of the 16 27 military code of justice which is used in these types of 16 28 military proceedings and which is otherwise identical to this 16 29 Code provision. 16 30 Code section 35C.1. Language relating to public employment 16 31 and appointment preferences for honorably discharged persons 16 32 is amended by replacing the language describing the periods of 16 33 military service with the phrase "veterans as defined in 16 34 section 35.1". 1999 Iowa Acts, ch. 180 made a multitude of 16 35 similar changes throughout the Code. In section 1 of that 17 1 Act, Code section 35.1 was substantially revised and was made 17 2 specifically applicable to, among others, Code chapter 35C. 17 3 The department of personnel has adopted rules conforming the 17 4 definition of veteran for purposes of determining who is 17 5 eligible for public employment and appointment preferences due 17 6 to military service to the definition contained in Code 17 7 section 35.1. 17 8 Code section 37.9. Unnumbered paragraph 6 is amended by 17 9 making changes relating to the quorum requirements for 17 10 commissions having control over memorial hospitals. 1999 Iowa 17 11 Acts, ch. 36, made changes which permitted the commissions to 17 12 consist of seven members, not just five as was the case 17 13 previously, but the quorum requirements were not adjusted to 17 14 reflect the possibility of increased commission membership. 17 15 Code section 46.24. Unnumbered paragraph 2 is amended by 17 16 adding the phrase "full-time associate juvenile judge, or 17 17 full-time associate probate judge", in provisions relating to 17 18 the canvassing of the results of a judicial election. 1999 17 19 Iowa Acts, ch. 93, section 4, amended the first paragraph of 17 20 this section to make an identical amendment, but failed to 17 21 amend this related second paragraph. 17 22 Code section 91C.8. In subsection 4, the word "contractor" 17 23 is substituted for the word "employer" in language relating to 17 24 the contesting of citations or proposed assessments of 17 25 penalties by the labor commissioner against contractors. The 17 26 term "employer" is used nowhere else in Code chapter 91C and 17 27 the chapter applies to the registration and regulation of 17 28 contractors by the labor commissioner. 17 29 Code section 123.39. Subsection 4 is amended by changing 17 30 the civil penalty applicable to holders of liquor licenses or 17 31 permits for first offense violations of Code section 123.49, 17 32 subsection 2, paragraph "h", which relates to sales of alcohol 17 33 to minors, from $300 to $500. In 1998 Iowa Acts, ch. 1204, 17 34 the civil penalty applicable to violations of Code section 17 35 123.49, subsection 2, paragraph "h", which is established in 18 1 Code section 123.50, subsection 3, paragraph "a", was raised 18 2 from $300 to $500. 18 3 Code section 141A.8. Subsection 7 is amended by striking 18 4 the word "care" from the term "health care facility" in 18 5 provisions relating to the procedure for obtaining consent to 18 6 HIV testing in cases where a significant exposure has occurred 18 7 on the premises of the facility. The term "health facility" 18 8 is defined in Code section 141A.1, and covers acute care 18 9 facilities, long-term care facilities, and other types of 18 10 facilities and institutions. If the word "care" is not 18 11 deleted in subsection 7 of this section, the procedure for the 18 12 obtaining of consent would only apply to nursing home types of 18 13 facilities. 18 14 Code sections 161D.1 and 161D.3. Subsection 4 of Code 18 15 section 161D.1 and unnumbered paragraph 1 of Code section 18 16 161D.3 are amended to change the reference to "chapter" to 18 17 "subchapter". 1999 Iowa Acts, ch. 119 and 1999 Iowa Acts, ch. 18 18 30, both added new provisions to chapter 161D, necessitating 18 19 the division of the chapter into subchapters. 18 20 Code section 182.14. Subsection 1 is amended by striking 18 21 the word "to" and substituting the word "shall" to clarify 18 22 that the sheep and wool promotion board has the authority to 18 23 set an assessment if approved by a majority of voters at a 18 24 referendum. 18 25 Code section 184A.6. Subsection 2 is amended to strike the 18 26 word "connecting" and insert the word "conducting" in place of 18 27 that word to correct a clerical error which occurred during 18 28 the drafting process of 1999 Iowa Acts, ch. 158, which related 18 29 to the imposition of excise taxes on turkeys. 18 30 Code section 235A.18. Subsection 1, paragraph "b", is 18 31 amended by changing the word "paragraphs" to "paragraph" and 18 32 the word "and" to "or". The language relates to the expunging 18 33 of child abuse information from the child abuse registry. The 18 34 types of child abuse described in Code section 232.68, 18 35 subsection 2, paragraphs "c" and "e" are mutually exclusive. 19 1 Code section 260G.6. The words "of economic development" 19 2 are added after the word "department" to clarify which 19 3 department is responsible for the adoption of rules relating 19 4 to the allocation of moneys to support program capital costs 19 5 for the accelerated career education program. Under Code 19 6 chapter 260G, the Iowa economic development board is 19 7 responsible for approving program capital cost requests 19 8 submitted pursuant to an accelerated career education program 19 9 agreement. 19 10 Code section 317.1. A parenthesis is moved in subsection 1 19 11 of this section which relates to types of primary noxious 19 12 weeds. When the language was originally enacted in 1975 Iowa 19 13 Acts, ch. 169, the parenthesis was in the correct location, 19 14 but it was moved to an incorrect location when the section was 19 15 codified. 19 16 Code section 321.34. The words "motorcycle, trailer," are 19 17 added to the list of vehicles the owners of which are eligible 19 18 to apply for legion of merit special plates in subsection 15. 19 19 Other existing special license plate provisions in this 19 20 section were amended by 1999 Iowa Acts, ch. 7, to add these 19 21 words. Subsection 15 was newly enacted in 1999 Iowa Acts, ch. 19 22 180, section 15. 19 23 Code section 321.49. In subsection 3, the comma is moved 19 24 from after the words "mobile home" to after the words 19 25 "manufactured housing". Prior to the addition of the words 19 26 "manufactured housing" in 1999 Iowa Acts, ch. 188, section 9, 19 27 the titling language modified the words mobile home. 1999 19 28 Iowa Acts, ch. 188, added the manufactured housing into the 19 29 various sales and use tax and certificate of title provisions 19 30 that applied previously only to mobile homes. 19 31 Code section 321.104. The Code section reference for the 19 32 penalty applicable to penal offenses against the motor vehicle 19 33 title law is changed to refer to Code section 805.8, the 19 34 scheduled violations provisions, instead of the general 19 35 penalty provision for Code chapter 321 violations, Code 20 1 section 321.482. The penalties applicable under Code section 20 2 321.482 are the penalties applicable to a simple misdemeanor, 20 3 which are confinement for no more than 30 days or a fine of at 20 4 least $50 but not more than $500, or both. Under Code section 20 5 805.8, subsection 12, a $50 fine only is specified for these 20 6 types of offenses. 20 7 Code sections 322.27, 322.30, 322C.8, and 322C.9. These 20 8 Code sections are amended to delete language pertaining to 20 9 distributor and factory branches and representatives. The 20 10 licensing of these types of entities was repealed by 1997 Iowa 20 11 Acts, ch. 108. 20 12 Code section 403A.22. The order of the words "or" and "of" 20 13 are reversed, a comma is added between the two words, and a 20 14 comma is added after the words "control by" in language 20 15 relating to whether stock ownership constitutes a prohibited 20 16 personal interest in a municipal housing project or property 20 17 included or to be included in a municipal housing project by a 20 18 public official or employee of a municipality. As amended the 20 19 phrase would read "shall not be deemed an interest of, or 20 20 ownership or control by, the person owning". 20 21 Code section 427A.12. In subsection 3, language relating 20 22 to a certification of the amount of the personal property tax 20 23 replacement base for each taxing district by the director of 20 24 revenue is deleted. That certification is no longer made. In 20 25 subsection 4, the reference to the department of management is 20 26 changed to the department of revenue and finance. The 20 27 adjustment function in the personal property tax replacement 20 28 base is now the responsibility of the department of revenue 20 29 and finance. Subsections 5, 6, and 7 are stricken. All of 20 30 the events to which these sections relate have already 20 31 occurred and the sections no longer apply. 20 32 Code section 455B.165. The word "maximum pressure" in 20 33 subsection 7, paragraph "d", subparagraph (2), is substituted 20 34 for the word "rate" in provisions relating to the dispersing 20 35 of manure through spray irrigation equipment orifices to 21 1 clarify that it is the pressure at which the manure is being 21 2 dispersed which is referred to, and not the spread rate, 21 3 meaning weight or volume. 21 4 Code section 456A.20. The words "received from the sales" 21 5 is replaced with the word "sold" in language relating to the 21 6 portion of the amounts received from the sales of various 21 7 types of trees and shrubs which must be deposited into the 21 8 forestry management and enhancement fund. 21 9 Code section 481C.3. This section is amended to delete 21 10 references to use of funds to meet the requirements of Code 21 11 section 483A.30. Code section 483A.30 was repealed effective 21 12 December 31, 1999, by 1997 Iowa Acts, ch. 180, section 7. 21 13 Code section 572.23. The last sentence in subsection 2, 21 14 which relates to the methods of causing a mechanics lien which 21 15 has been satisfied to be cancelled or forfeited, is amended to 21 16 provide that it is the demand and required attachments which 21 17 are to be filed with the clerk of the district court and 21 18 subsequently mailed by the clerk to both parties affected by a 21 19 mechanic's lien. This language was added by 1999 Iowa Acts, 21 20 ch. 79, section 1. In section 3 of the same Act, however, 21 21 language which was previously identical to this language was 21 22 amended is the same manner as the amendments made in this 21 23 section. Since the forfeiture results from the filing of the 21 24 demand and, unlike the demand, is not a document that can be 21 25 filed, the amendment to this section appears to be an 21 26 inadvertent omission. 21 27 Code section 579B.4. Subsection 3 is amended to strike the 21 28 phrase "a lien created under this section", and substitute in 21 29 lieu thereof the phrase "a lien created under section 579B.3". 21 30 The lien is actually created under Code section 579B.3, not 21 31 Code section 579B.4. 21 32 Code section 598B.204. Subsection 4 is amended in 21 33 provisions relating to temporary emergency jurisdiction of 21 34 courts of this state in child-custody matters, by striking the 21 35 word "or" in the phrase "court or another state under a 22 1 statute" and substituting in lieu thereof the word "of" so 22 2 that the phrase reads "court of another state under a 22 3 statute". This change corrects a typographical error made 22 4 when the section was enacted in 1999 Iowa Acts, ch. 103, 22 5 section 16, and conforms the phrase to the usage in the rest 22 6 of the section. 22 7 Code section 598B.308. In subsection 4, paragraph "a", the 22 8 word "all" is stricken and the word "any" is substituted. The 22 9 section relates to the listing in an order for hearing in a 22 10 child-custody proceeding of the circumstances which must be 22 11 demonstrated by a respondent to prevent the hearing from going 22 12 forward. The circumstances listed in subparagraphs (1), (2), 22 13 and (3) of this paragraph are mutually exclusive and could 22 14 never be shown to all apply. 22 15 Code section 633.20A. The words "part-time" are added 22 16 before the words associate probate judge in provisions 22 17 relating to the appointment, removal, and qualification of 22 18 part-time associate probate judges. The phrase "part-time" 22 19 was partially amended into this section in 1999, by 1999 Iowa 22 20 Acts, ch. 93, section 12. 22 21 Code sections 637.423 and 637.424. These sections are 22 22 amended by changing the year in references to July 1, 1999, so 22 23 that the references refer to July 1, 2000. The provisions of 22 24 Code chapter 637 which were enacted in 1999 Iowa Acts, ch. 22 25 124, apply, generally, effective July 1, 2000. These 22 26 provisions, if not changed, would apply before the changes 22 27 which correspond to these provisions take effect. 22 28 Code section 692.15. Subsection 3 is amended in provisions 22 29 relating to the fingerprinting of adults and juveniles by 22 30 adding the words "or taking into custody" after the phrase 22 31 "fill out a final disposition report on each arrest". From 22 32 the last sentence in the subsection, it is apparent that final 22 33 disposition reports are to be filled out on both arrests and 22 34 the taking of juveniles into custody. 22 35 Code section 805.10. This section, which relates to 23 1 situations in which a court appearance is required on a 23 2 scheduled violation, is amended by moving language in current 23 3 subsection 3 to a position immediately after current 23 4 subsection 2 and renumbering and relettering the entire 23 5 section. Subsection 3 was added as a new subsection by 1990 23 6 Iowa Acts, ch. 1216, section 5. Prior to the codification of 23 7 the addition of that subsection, the language which describes 23 8 what a defendant who has been charged with a scheduled 23 9 violation must do and what procedures apply, and is contained 23 10 in current unnumbered paragraph 2 of subsection 2, applied to 23 11 both of the situations which are described in subsections 1 23 12 and 2 of this section. 1990 Iowa Acts, ch. 1216, section 5, 23 13 contains no language which would require a change in the 23 14 procedures and requirements applicable to these types of 23 15 scheduled violations, but merely added an additional exception 23 16 to the list. 23 17 Code section 805.11. This section is amended to change an 23 18 internal reference to Code section 805.10 to reflect the 23 19 changes in internal numbering made in Code section 805.10 in 23 20 the bill. 23 21 Code section 904.809. The words "of the inmate" are added 23 22 to language relating to the deduction of amounts from an 23 23 inmate's general account for legal and administrative 23 24 financial obligations to clarify that it is the inmate's 23 25 obligations for which the deductions are to be made. 23 26 Code section 29B.116. The word "rape" is stricken in this 23 27 section of the military code, which references Iowa criminal 23 28 law applicable to civilians, and is replaced with the word 23 29 "sexual abuse". Rape was eliminated as a crime and replaced 23 30 with the crime of sexual abuse in the criminal code revisions 23 31 of 1978 applicable to civilians. 23 32 1999 Iowa Acts, ch. 13. Subsection 8 of Code section 29 of 23 33 this Act is amended to clarify that Code section 321.21, not 23 34 Code section 321.1, was to be repealed effective upon 23 35 enactment of the Act. Section 28 of this 1999 Iowa Acts 24 1 contains, among others, the repeal of Code section 321.21. 24 2 The amendment contained in this section takes effect upon 24 3 enactment and applies retroactively to April 7, 1999. 24 4 1999 Iowa Acts, ch. 55. Section 5 of this section is 24 5 amended by adding the words "Code 1999" to clarify that the 24 6 limitation which applies through June 30, 1999, was the 24 7 limitation which existed in Code 1999 prior to enactment of 24 8 this 1999 Iowa Act, which takes effect July 1, 1999. The 24 9 amendment contained in this section takes effect upon 24 10 enactment and applies retroactively to April 23, 1999. 24 11 1999 Iowa Acts, ch. 131. Section 3 is amended by striking 24 12 the phrase "all claims of exemption under this section" and 24 13 inserting in lieu thereof the phrase "all claims of exemption 24 14 under this Act", in order to apply the effective date 24 15 provision to the substantive part of the Act. The amendment 24 16 contained in this section takes effect upon enactment and 24 17 applies retroactively to May 17, 1999. 24 18 LSB 5514SC 78 24 19 lh/cf/24
Text: SSB03013 Text: SSB03015 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jan 27 03:35:31 CST 2000
URL: /DOCS/GA/78GA/Legislation/SSB/03000/SSB03014/000126.html
jhf