Text: HF00754 Text: HF00756 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 755 1 2 1 3 AN ACT 1 4 RELATING TO PUBLIC EXPENDITURE AND REGULATORY MATTERS, MAKING 1 5 AND REDUCING APPROPRIATIONS, AND INCLUDING EFFECTIVE 1 6 DATE AND RETROACTIVE APPLICABILITY PROVISIONS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DIVISION I 1 11 MH/MR/DD – ALLOWED GROWTH 1 12 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 1 13 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 1 14 AND ALLOCATIONS. There is appropriated from the general fund 1 15 of the state to the department of human services for the 1 16 fiscal year beginning July 1, 2002, and ending June 30, 2003, 1 17 the following amount, or so much thereof as is necessary, to 1 18 be used for the purpose designated: 1 19 For distribution to counties of the county mental health, 1 20 mental retardation, and developmental disabilities allowed 1 21 growth factor adjustment, as provided in this section in lieu 1 22 of the provisions of section 331.438, subsection 2, and 1 23 section 331.439, subsection 3, and chapter 426B: 1 24 .................................................. $ 14,874,702 1 25 The funding appropriated in this section is the allowed 1 26 growth factor adjustment for fiscal year 2002-2003, and is 1 27 allocated for distribution as provided by law. 1 28 DIVISION II 1 29 STANDING APPROPRIATIONS – REDUCTIONS 1 30 Sec. 2. GENERAL ASSEMBLY. The budgets approved pursuant 1 31 to section 2.12 for the expenses of the general assembly and 1 32 legislative agencies for the fiscal year beginning July 1, 1 33 2001, and ending June 30, 2002, are reduced by the following 1 34 amount: 1 35 .................................................. $ 1,550,324 2 1 Sec. 3. PERFORMANCE OF DUTY. The appropriation made from 2 2 the general fund of the state in section 7D.29, for the fiscal 2 3 year beginning July 1, 2001, and ending June 30, 2002, for 2 4 performance of duty by the executive council, is reduced by 2 5 the following amount: 2 6 .................................................. $ 1,000,000 2 7 Sec. 4. STATE APPEAL BOARD CLAIMS. Notwithstanding the 2 8 standing appropriations in section 25.2, subsection 3, the 2 9 amount appropriated from the general fund of the state under 2 10 section 25.2, subsection 3, to the state appeal board to pay 2 11 claims against the state for the fiscal year beginning July 1, 2 12 2001, and ending June 30, 2002, is reduced by the following 2 13 amount: 2 14 .................................................. $ 2,000,000 2 15 Sec. 5. CONSTITUTIONAL AMENDMENTS AND PUBLIC MEASURES. 2 16 Notwithstanding the standing appropriation in section 49A.9, 2 17 the amount appropriated from the general fund of the state 2 18 under section 49A.9, to the office of the secretary of state 2 19 for the fiscal year beginning July 1, 2001, and ending June 2 20 30, 2002, is reduced by the following amount: 2 21 .................................................. $ 2,565 2 22 Sec. 6. AREA EDUCATION AGENCIES. Notwithstanding the 2 23 provisions of chapter 257 that determine the funding for area 2 24 education agencies, the state school foundation aid for these 2 25 agencies and the portion of the combined district cost 2 26 calculated for these agencies for the fiscal year beginning 2 27 July 1, 2001, and ending June 30, 2002, are reduced by the 2 28 department of management by $7,500,000. The department shall 2 29 calculate a reduction such that each area education agency 2 30 shall receive a reduction proportionate to the amount that it 2 31 would have received under section 257.35 if the reduction 2 32 imposed pursuant to this section did not apply. 2 33 Notwithstanding the provisions of section 257.37, an area 2 34 education agency may use the funds determined to be available 2 35 under section 257.35 in a manner which it believes is 3 1 appropriate to best maintain the level of required area 3 2 education agency special education services. 3 3 Sec. 7. EARLY INTERVENTION BLOCK GRANT. Notwithstanding 3 4 the standing appropriation in section 256D.5, subsection 1, 3 5 the amount appropriated from the general fund of the state 3 6 under section 256D.5, subsection 1, to the department of 3 7 education for the fiscal year beginning July 1, 2001, and 3 8 ending June 30, 2002, is reduced by the following amount: 3 9 .................................................. $ 10,000,000 3 10 Sec. 8. SCHOOL IMPROVEMENT TECHNOLOGY. Notwithstanding 3 11 the standing appropriation in section 256D.5, subsection 2, 3 12 the amount appropriated from the general fund of the state 3 13 under section 256D.5, subsection 2, to the department of 3 14 education for the fiscal year beginning July 1, 2001, and 3 15 ending June 30, 2002, is reduced by the following amount: 3 16 .................................................. $ 20,000,000 3 17 In implementing the reduction in this section, the 3 18 department of education shall compute under section 256D.6 the 3 19 amount each school district, as defined in section 256D.6, and 3 20 area education agency would have received but for the 3 21 reduction in this section and shall reduce by two-thirds such 3 22 amount. 3 23 Sec. 9. AT-RISK CHILDREN PROGRAMS. Notwithstanding the 3 24 standing appropriation in section 279.51, subsection 1, the 3 25 amount appropriated from the general fund of the state under 3 26 section 279.51, subsection 1, to the department of education 3 27 for the fiscal year beginning July 1, 2001, and ending June 3 28 30, 2002, is reduced by the following amount: 3 29 .................................................. $ 1,000,000 3 30 The amount of the reduction in this section shall be 3 31 prorated among the programs specified in section 279.51, 3 32 subsection 1, paragraphs "a", "b", and "c". 3 33 Sec. 10. NONPUBLIC SCHOOL TRANSPORTATION. Notwithstanding 3 34 the standing appropriation in section 285.2, the amount 3 35 appropriated from the general fund of the state under section 4 1 285.2 to the department of education for the fiscal year 4 2 beginning July 1, 2001, and ending June 30, 2002, shall be the 4 3 following amount: 4 4 .................................................. $ 7,645,000 4 5 If total approved claims for reimbursement for nonpublic 4 6 school pupil transportation claims exceed the amount 4 7 appropriated in this section, the department of education 4 8 shall prorate the amount of each claim. 4 9 Sec. 11. EDUCATIONAL EXCELLENCE. Notwithstanding section 4 10 294A.25, subsection 1, the amount appropriated from the 4 11 general fund of the state under section 294A.25, subsection 1, 4 12 to the department of education for phase III moneys for the 4 13 fiscal year beginning July 1, 2001, and ending June 30, 2002, 4 14 is reduced by the following amount: 4 15 .................................................. $ 2,000,000 4 16 Sec. 12. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 4 17 Notwithstanding section 312.2, subsection 14, the amount 4 18 appropriated from the general fund of the state under section 4 19 312.2, subsection 14, to the state department of 4 20 transportation for public transit assistance under chapter 4 21 324A for the fiscal year beginning July 1, 2001, and ending 4 22 June 30, 2002, is reduced by the following amount: 4 23 .................................................. $ 659,820 4 24 Sec. 13. INDIAN SETTLEMENT OFFICER. Notwithstanding the 4 25 standing appropriation in section 331.660, the amount 4 26 appropriated from the general fund of the state under section 4 27 331.660, to the county of Tama for the fiscal year beginning 4 28 July 1, 2001, and ending June 30, 2002, is reduced by the 4 29 following amount: 4 30 .................................................. $ 25,000 4 31 Sec. 14. COURT COSTS FOR SPECIAL STATE CASES. 4 32 Notwithstanding the standing appropriation in section 815.1, 4 33 the amount appropriated from the general fund of the state 4 34 under section 815.1, to pay special court costs and attorney 4 35 fees for the fiscal year beginning July 1, 2001, and ending 5 1 June 30, 2002, is reduced by the following amount: 5 2 .................................................. $ 66,370 5 3 Sec. 15. Section 196.8, subsection 2, Code 2001, is 5 4 amended to read as follows: 5 5 2. Notwithstanding subsection 1, eggs gathered for sale at 5 6 a poultry show from fowl exhibited at the show, which show has 5 7 received financial assistance from the state in prior fiscal 5 8 years, shall be exempt from the storage temperature and 5 9 consumer grade quality requirements contained in subsection 1. 5 10If eggs are offered for sale at such an exhibit, five hundred5 11dollars is appropriated to the department to reimburse the5 12sponsoring agency of the exhibit for the expenses associated5 13with the exhibit.5 14 DIVISION III 5 15 LAW ENFORCEMENT PHYSICAL EXAMS 5 16 Sec. 16. Section 400.8, subsection 1, Code 2001, is 5 17 amended to read as follows: 5 18 1. The commission, when necessary under the rules, 5 19 including minimum and maximum age limits, which shall be 5 20 prescribed and published in advance by the commission and 5 21 posted in the city hall, shall hold examinations for the 5 22 purpose of determining the qualifications of applicants for 5 23 positions under civil service, other than promotions, which 5 24 examinations shall be practical in character and shall relate 5 25 to matters which will fairly test the mental and physical 5 26 ability of the applicant to discharge the duties of the 5 27 position to which the applicant seeks appointment. The 5 28 physical examination of applicants for appointment to the 5 29 positions of police officer, police matron, or fire fighter 5 30 shall be held in accordance with medical protocols established 5 31 by the board of trustees of the fire and police retirement 5 32 system established by section 411.5 and shall be conductedby5 33the medical board as established in section 411.5in 5 34 accordance with the directives of the board of trustees. The 5 35 board of trustees may change the medical protocols at any time 6 1 the board so determines. The physical examination of an 6 2 applicant for the position of police officer, police matron, 6 3 or fire fighter shall be conducted after a conditional offer 6 4 of employment has been made to the applicant. An applicant 6 5 shall not be discriminated against on the basis of height, 6 6 weight, sex, or race in determining physical or mental ability 6 7 of the applicant. Reasonable rules relating to strength, 6 8 agility, and general health of applicants shall be prescribed. 6 9 The costs of the physical examination required under this 6 10 subsection shall be paid from the trust and agency fund of the 6 11 city. 6 12 Sec. 17. 2000 Iowa Acts, chapter 1077, section 111, is 6 13 amended to read as follows: 6 14 SEC. 111. EFFECTIVE DATE. Section 87 of this Act amending 6 15 section 411.1, subsection 10, and section 94 of this Act, 6 16 amendment section 411.5, subsection 8, take effect July 1, 6 1720012002. 6 18 Sec. 18. EFFECTIVE DATE. Section 17 of this division of 6 19 this Act, being deemed of immediate importance, takes effect 6 20 upon enactment. 6 21 DIVISION IV 6 22 DEBT SERVICE AND TOBACCO FUND APPROPRIATIONS 6 23 PAYMENTS IN LIEU OF TUITION 6 24 Sec. 19. PAYMENTS IN LIEU OF TUITION – GENERAL FUND. In 6 25 lieu of the appropriation made to the state board of regents 6 26 for tuition replacement in 2001 Iowa Acts, Senate File 535, 6 27 section 8, subsection 1, paragraph "b", if enacted, there is 6 28 appropriated from the general fund of the state to the state 6 29 board of regents for the fiscal year beginning July 1, 2001, 6 30 and ending June 30, 2002, the following amount, or so much 6 31 thereof as is necessary, to be used for the purpose 6 32 designated: 6 33 For allocation by the state board of regents to the state 6 34 university of Iowa, the Iowa state university of science and 6 35 technology, and the university of northern Iowa to reimburse 7 1 the institutions for deficiencies in their operating funds 7 2 resulting from the pledging of tuitions, student fees and 7 3 charges, and institutional income to finance the cost of 7 4 providing academic and administrative buildings and facilities 7 5 and utility services at the institutions: 7 6 .................................................. $ 26,081,384 7 7 Sec. 20. PAYMENTS IN LIEU OF TUITION – TOBACCO SETTLEMENT 7 8 FUND. In addition to the appropriation made in this division 7 9 of this Act from the general fund of the state to the state 7 10 board of regents for purposes of tuition replacement, there is 7 11 appropriated from the tax-exempt bond proceeds restricted 7 12 capital funds account of the tobacco settlement trust fund 7 13 created in section 12E.12, pursuant to 2001 Iowa Acts, Senate 7 14 File 532, if enacted, to the state board of regents for the 7 15 fiscal year beginning July 1, 2001, and ending June 30, 2002, 7 16 the following amount, or so much thereof as is necessary, to 7 17 be used for the purpose designated: 7 18 For allocation by the state board of regents to the state 7 19 university of Iowa, the Iowa state university of science and 7 20 technology, and the university of northern Iowa to finance or 7 21 pay debt service to pay debt to finance the cost of providing 7 22 academic and administrative buildings and facilities at the 7 23 institutions: 7 24 .................................................. $ 600,330 7 25 IOWA COMMUNICATIONS NETWORK 7 26 Sec. 21. IOWA COMMUNICATIONS NETWORK DEBT SERVICE – 7 27 GENERAL FUND. In lieu of the appropriation made to the 7 28 treasurer of state for Iowa communications network debt 7 29 service in 2001 Iowa Acts, House File 719, section 1, if 7 30 enacted, there is appropriated from the general fund of the 7 31 state to the treasurer of state for the fiscal year beginning 7 32 July 1, 2001, and ending June 30, 2002, the following amount, 7 33 or so much thereof as is necessary, to be used for the purpose 7 34 designated: 7 35 For debt service for the Iowa communications network: 8 1 .................................................. $ 9,939,165 8 2 Sec. 22. IOWA COMMUNICATIONS NETWORK DEBT SERVICE – 8 3 TOBACCO SETTLEMENT FUND. In addition to the appropriation 8 4 made in this division of this Act from the general fund of the 8 5 state to the treasurer of state for purposes of Iowa 8 6 communications network debt service, there is appropriated 8 7 from the tax-exempt bond proceeds restricted capital funds 8 8 account of the tobacco settlement trust fund created in 8 9 section 12E.12, pursuant to 2001 Iowa Acts, Senate File 532, 8 10 if enacted, to the treasurer of state for the fiscal year 8 11 beginning July 1, 2001, and ending June 30, 2002, the 8 12 following amount, or so much thereof as is necessary, to be 8 13 used for the purpose designated: 8 14 For debt service for the Iowa communications network: 8 15 .................................................. $ 1,465,835 8 16 Sec. 23. DEBT SERVICE FUND. Funds appropriated in this 8 17 division of this Act for Iowa communications network debt 8 18 service shall be deposited in a separate fund established in 8 19 the office of the treasurer of state to be used solely for 8 20 debt service for the Iowa communications network. The Iowa 8 21 telecommunications and technology commission shall certify to 8 22 the treasurer of state when a debt service payment is due, and 8 23 upon receipt of the certification, the treasurer shall make 8 24 the payment. The commission shall pay any additional amount 8 25 due from funds deposited in the Iowa communications network 8 26 fund. 8 27 PRISON DEBT SERVICE 8 28 Sec. 24. There is appropriated from the tax-exempt bond 8 29 proceeds restricted capital funds account of the tobacco 8 30 settlement trust fund created in section 12E.12, pursuant to 8 31 2001 Iowa Acts, Senate File 532, if enacted, to the treasurer 8 32 of state for the fiscal year beginning July 1, 2001, and 8 33 ending June 30, 2002, the following amount, or so much thereof 8 34 as is necessary, to be used for the purpose designated: 8 35 For repayment of prison infrastructure bonds under section 9 1 16.177: 9 2 .................................................. $ 5,182,272 9 3 TOBACCO MASTER SETTLEMENT AGREEMENT LITIGATION 9 4 Sec. 25. There is appropriated from the tax-exempt bond 9 5 proceeds restricted capital funds account of the tobacco 9 6 settlement trust fund created in section 12E.12, pursuant to 9 7 2001 Iowa Acts, Senate File 532, if enacted, to the treasurer 9 8 of state for the fiscal year beginning July 1, 2001, and 9 9 ending June 30, 2002, the following amount, or so much thereof 9 10 as is necessary, to be used for the purpose designated: 9 11 For payment of litigation fees incurred pursuant to the 9 12 tobacco master settlement agreement: 9 13 .................................................. $ 10,617,000 9 14 Sec. 26. CONTINGENT EFFECTIVE DATE. This division of this 9 15 Act shall take effect only if 2001 Iowa Acts, Senate File 532 9 16 is enacted and only if the tobacco settlement authority 9 17 established in chapter 12E securitizes tobacco master 9 18 settlement agreement payments sold to the authority pursuant 9 19 to 2001 Iowa Acts, Senate File 532. If the contingencies of 9 20 this section are met, the effective date of this division of 9 21 this Act shall be the effective date of the receipt of the 9 22 bond proceeds by the tobacco settlement authority and the 9 23 deposit of the proceeds of the tax-exempt bonds and the 9 24 taxable bonds in the respective accounts of the tobacco 9 25 settlement trust fund pursuant to chapter 12E, and 9 26 specifically pursuant to section 12E.9. Payment of moneys 9 27 from the appropriations in this division of this Act shall be 9 28 made in a manner that does not adversely affect the tax-exempt 9 29 status of any outstanding bonds issued by the tobacco 9 30 settlement authority. 9 31 DIVISION V 9 32 MISCELLANEOUS 9 33 Sec. 27. DEPARTMENT OF EDUCATION. There is appropriated 9 34 from the general fund of the state to the department of 9 35 education for the fiscal year beginning July 1, 2001, and 10 1 ending June 30, 2002, the following amounts, or so much 10 2 thereof as is necessary, to be used for the purposes 10 3 designated: 10 4 1. AMERICORPS AFTER-SCHOOL INITIATIVE 10 5 For purposes of the americorps after-school initiative: 10 6 .................................................. $ 150,000 10 7 2. JOBS FOR AMERICA'S GRADUATES 10 8 For school districts to provide direct services to the most 10 9 at-risk senior high school students enrolled in school 10 10 districts through direct intervention for a "jobs for 10 11 America's graduates" specialist: 10 12 .................................................. $ 150,000 10 13 Sec. 28. DEPARTMENT OF HUMAN SERVICES. There is 10 14 appropriated from the general fund of the state to the 10 15 department of human services for the fiscal year beginning 10 16 July 1, 2001, and ending June 30, 2002, the following amount, 10 17 or so much thereof as is necessary, to be used for the purpose 10 18 designated: 10 19 To supplement the appropriation made in 2001 Iowa Acts, 10 20 House File 732, if enacted, for general administration, 10 21 including salaries, support, maintenance, and miscellaneous 10 22 purposes: 10 23 .................................................. $ 2,000,000 10 24 Sec. 29. Notwithstanding section 8.55, subsection 4, and 10 25 section 8.56, subsection 1, for the fiscal year beginning July 10 26 1, 2001, and ending June 30, 2002, the interest and earnings 10 27 on moneys deposited in the Iowa economic emergency fund and 10 28 the cash reserve fund shall be credited to the general fund of 10 29 the state. 10 30 Sec. 30. Notwithstanding any contrary provision in section 10 31 455E.11, subsection 1, Code 2001, any unencumbered or 10 32 unobligated balance in the groundwater protection fund and in 10 33 any of the accounts within the groundwater protection fund on 10 34 June 30, 2001, shall be transferred to the general fund of the 10 35 state. 11 1 Sec. 31. Section 135.24, subsection 2, paragraph c, Code 11 2 2001, is amended to read as follows: 11 3 c. Identification of the medical services to be provided 11 4 under the program. The medical services providedshallmay 11 5 include, but shall not be limited to, obstetrical and 11 6 gynecological medical services, and psychiatric services 11 7 provided by a physician licensed under chapter 148, 150, or 11 8 150A. 11 9 Sec. 32. Section 257.6, subsection 3, unnumbered paragraph 11 10 1, as amended by 2001 Iowa Acts, House File 643, section 6, if 11 11 enacted, is amended to read as follows: 11 12 A school district shall determine its additional enrollment 11 13 because of special education, as defined in this section,on11 14 by November 1 of each year and shall certify its additional 11 15 enrollment because of special education to the department of 11 16 education by November 15 of each year, and the department 11 17 shall promptly forward the information to the department of 11 18 management. 11 19 Sec. 33. Section 257.6, subsection 5, unnumbered paragraph 11 20 1, as amended by 2001 Iowa Acts, House File 643, section 7, if 11 21 enacted, is amended to read as follows: 11 22 Weighted enrollment is the budget enrollment plus the 11 23 district's additional enrollment because of special education 11 24 calculatedonby November 1 of the base year plus additional 11 25 pupils added due to the application of the supplementary 11 26 weighting. 11 27 Sec. 34. MENTAL ILLNESS SPECIAL SERVICES. For the fiscal 11 28 year beginning July 1, 2001, and ending June 30, 2002, it is 11 29 the intent of the general assembly that the Iowa finance 11 30 authority shall provide $121,220 from funding available to the 11 31 authority to be used for mental illness special services. 11 32 1. The Iowa finance authority shall use the funding to 11 33 continue the financing for existing community-based facilities 11 34 and the financing for the development of affordable community- 11 35 based housing facilities as funded pursuant to 2000 Iowa Acts, 12 1 chapter 1228, section 22. The department of human services 12 2 shall assure that clients are referred to the housing as it is 12 3 developed. 12 4 2. The purpose of the financing is to provide funds for 12 5 construction and start-up costs to develop community living 12 6 arrangements to provide for persons with mental illness who 12 7 are homeless. These funds may be used to match federal 12 8 Stewart B. McKinney Homeless Assistance Act grant funds. 12 9 Sec. 35. Section 260G.4B, subsection 1, Code 2001, is 12 10 amended to read as follows: 12 11 1. The total amount of program job credits from all 12 12 employers which shall be allocated for all accelerated career 12 13 education programs in the state in any one fiscal year shall 12 14 not exceed the sum of three million dollars in the fiscal year 12 15 beginning July 1, 2000,sixthree million dollars in the 12 16 fiscal year beginning July 1, 2001, and six million dollars in 12 17 the fiscal year beginning July 1, 2002, and every fiscal year 12 18 thereafter. Any increase in program job credits above the 12 19 six-million-dollar limitation per fiscal year shall be 12 20 developed, based on recommendations in a study which shall be 12 21 conducted by the department of economic development of the 12 22 needs and performance of approved programs in the fiscal years 12 23 beginning July 1, 2000, and July 1, 2001. The study's 12 24 findings and recommendations shall be submitted to the general 12 25 assembly by the department by December 31, 2002. The study 12 26 shall include but not be limited to an examination of the 12 27 quality of the programs, the number of program participant 12 28 placements, the wages and benefits in program jobs, the level 12 29 of employer contributions, the size of participating 12 30 employers, and employer locations. A community college shall 12 31 file a copy of each agreement with the department of economic 12 32 development. The department shall maintain an annual record 12 33 of the proposed program job credits under each agreement for 12 34 each fiscal year. Upon receiving a copy of an agreement, the 12 35 department shall allocate any available amount of program job 13 1 credits to the community college according to the agreement 13 2 sufficient for the fiscal year and for the term of the 13 3 agreement. When the total available program job credits are 13 4 allocated for a fiscal year, the department shall notify all 13 5 community colleges that the maximum amount has been allocated 13 6 and that further program job credits will not be available for 13 7 the remainder of the fiscal year. Once program job credits 13 8 have been allocated to a community college, the full 13 9 allocation shall be received by the community college 13 10 throughout the fiscal year and for the term of the agreement 13 11 even if the statewide program job credit maximum amount is 13 12 subsequently allocated and used. 13 13 Sec. 36. Section 273.22, subsection 5, as amended by 2001 13 14 Iowa Acts, House File 674, section 4, if enacted, is amended 13 15 to read as follows: 13 16 5. The board of directors of a school district that is 13 17 contiguous to a newly reorganized area education agency may 13 18 petition the board of directors ofa contiguoustheir current 13 19 area education agency and the newly reorganized area education 13 20 agency to jointhatthe newly reorganized area education 13 21 agency. Ifthe contiguousboth area education agencyboard13 22approvesboards approve the petition, the reorganization shall 13 23 take effect on July 1 of the school year following approval of 13 24 the petition by the state board. A school district may appeal 13 25 to the state board the decision of an area education agency 13 26 board to deny the school district's petition. 13 27 Sec. 37. Section 273.22, as amended by 2001 Iowa Acts, 13 28 House File 674, section 4, if enacted, is amended by adding 13 29 the following new subsection: 13 30 NEW SUBSECTION. 6. The board of directors of a school 13 31 district that is within a newly reorganized area education 13 32 agency and whose school district was contiguous to another 13 33 area education agency prior to the reorganization, may 13 34 petition the board of directors of the newly reorganized area 13 35 education agency and the contiguous area education agency to 14 1 join that area education agency. If both area education 14 2 agency boards approve the petition, the reorganization shall 14 3 take effect on July 1 of the school year following approval of 14 4 the petition by the state board. A school district may appeal 14 5 to the state board the decision of an area education agency 14 6 board to deny the school district's petition. 14 7 Sec. 38. Section 299A.8, as amended by 2001 Iowa Acts, 14 8 House File 643, section 16, if enacted, is amended to read as 14 9 follows: 14 10 299A.8 DUAL ENROLLMENT. 14 11 If a parent, guardian, or legal custodian of a child who is 14 12 receiving competent private instruction under this chapter or 14 13 a child over compulsory age who is receiving private 14 14 instruction submits a request, the child shall also be 14 15 registered in a public school for dual enrollment purposes. 14 16 If the child is enrolled in a public school district for dual 14 17 enrollment purposes, the child shall be permitted to 14 18 participate in any academic activities in the district and 14 19 shall also be permitted to participate on the same basis as 14 20 public school children in any extracurricular activities 14 21 available to children in the child's grade or group, and the 14 22 parent, guardian, or legal custodian shall not be required to 14 23 pay the costs of any annual evaluation under this chapter. If 14 24 the child is enrolled for dual enrollment purposes, the child 14 25 shall be included in the public school's basic enrollment 14 26 under section 257.6. A pupil who is participating only in 14 27 extracurricular activities shall be counted under section 14 28 257.6, subsection 1, paragraph "f". A pupil enrolled in 14 29 grades nine through twelve under this section shall be counted 14 30 in the same manner as a shared-time pupil under section 257.6, 14 31 subsection 1, paragraph "c". 14 32 Sec. 39. Section 301.1, unnumbered paragraph 2, Code 2001, 14 33 is amended by striking the unnumbered paragraph and inserting 14 34 in lieu thereof the following: 14 35 Textbooks adopted and purchased by a school district shall, 15 1 to the extent funds are appropriated by the general assembly, 15 2 be made available to pupils attending accredited nonpublic 15 3 schools. The department of education shall ascertain a 15 4 maximum annual amount a school district shall be required to 15 5 use for the purchase of textbooks for accredited nonpublic 15 6 schools. The amount shall be in the proportion that the basic 15 7 enrollment of an accredited nonpublic school bears to the sum 15 8 of the basic enrollments of all participating accredited 15 9 nonpublic schools in the state for the budget year. An 15 10 accredited nonpublic school shall certify its actual 15 11 enrollment to the department of education by October 1, 15 12 annually. By October 15, annually, the department of 15 13 education shall notify the board of directors of each school 15 14 district of the maximum amount of its allocation that shall be 15 15 made available for purchasing nonsectarian, nonreligious 15 16 textbooks for each of the accredited nonpublic schools located 15 17 within the school district in accordance with this paragraph. 15 18 For purposes of this paragraph, an accredited nonpublic 15 19 school's enrollment count shall include only students who are 15 20 residents of Iowa. The costs of providing textbooks to 15 21 accredited nonpublic schools as provided in this paragraph 15 22 shall not be included in the computation of district cost 15 23 under chapter 257, but shall be shown in the budget as an 15 24 expense from miscellaneous income. Textbook expenditures made 15 25 in accordance with this paragraph shall be kept on file in the 15 26 school district. As used in this paragraph, "textbooks" means 15 27 books and loose-leaf or bound manuals, systems of reusable 15 28 instructional materials or combinations of books and 15 29 supplementary instructional materials which convey information 15 30 to the student or otherwise contribute to the learning 15 31 process, or electronic textbooks, including but not limited to 15 32 computer software, applications using computer-assisted 15 33 instruction, interactive videodisc, and other computer 15 34 courseware and magnetic media. 15 35 Sec. 40. Section 403.19, subsection 2, Code 2001, is 16 1 amended to read as follows: 16 2 2. That portion of the taxes each year in excess of such 16 3 amount shall be allocated to and when collected be paid into a 16 4 special fund of the municipality to pay the principal of and 16 5 interest on loans, moneys advanced to, or indebtedness, 16 6 whether funded, refunded, assumed, or otherwise, including 16 7 bonds issued under the authority of section 403.9, subsection 16 8 1, incurred by the municipality to finance or refinance, in 16 9 whole or in part, an urban renewal project within the area, 16 10 and to provide assistance for low and moderate income family 16 11 housing as provided in section 403.22, except that taxes for 16 12 the regular and voter-approved physical plant and equipment 16 13 levy of a school district imposed pursuant to section 298.2 16 14 and taxes for the payment of bonds and interest of each taxing 16 15 district must be collected against all taxable property within 16 16 the taxing district without limitation by the provisions of 16 17 this subsection. However, all or a portion of the taxes for 16 18 the physical plant and equipment levy shall be paid by the 16 19 school district to the municipality if themunicipality16 20 auditor certifies to the school district by July 1 the amount 16 21 of such levy that is necessary to pay the principal and 16 22 interest onindebtedness incurredbonds issued by the 16 23 municipality to finance an urban renewal project, which 16 24indebtedness was incurredbonds were issued before July 1, 16 2520002001. Indebtedness incurred to refund bonds issued prior 16 26 to July 1, 2001, shall not be included in the certification. 16 27 Such school district shall pay over the amount certified by 16 28 November 1 and May 1 of the fiscal year following 16 29 certification to the school district. Unless and until the 16 30 total assessed valuation of the taxable property in an urban 16 31 renewal area exceeds the total assessed value of the taxable 16 32 property in such area as shown by the last equalized 16 33 assessment roll referred to in subsection 1, all of the taxes 16 34 levied and collected upon the taxable property in the urban 16 35 renewal area shall be paid into the funds for the respective 17 1 taxing districts as taxes by or for the taxing districts in 17 2 the same manner as all other property taxes. When such loans, 17 3 advances, indebtedness, and bonds, if any, and interest 17 4 thereon, have been paid, all moneys thereafter received from 17 5 taxes upon the taxable property in such urban renewal area 17 6 shall be paid into the funds for the respective taxing 17 7 districts in the same manner as taxes on all other property. 17 8 Sec. 41. Section 403.19, Code 2001, is amended by adding 17 9 the following new subsection: 17 10 NEW SUBSECTION. 7. For any fiscal year, a municipality 17 11 may certify to the county auditor for physical plant and 17 12 equipment revenue necessary for payment of principal and 17 13 interest on bonds issued prior to July 1, 2001, only if the 17 14 municipality certified for such revenue for the fiscal year 17 15 beginning July 1, 2000. A municipality shall not certify to 17 16 the county auditor for a school district more than the amount 17 17 the municipality certified for the fiscal year beginning July 17 18 1, 2000. If for any fiscal year a municipality fails to 17 19 certify to the county auditor for a school district by July 1 17 20 the amount of physical plant and equipment revenue necessary 17 21 for payment of principal and interest on such bonds, as 17 22 provided in subsection 2, the school district is not required 17 23 to pay over the revenue to the municipality. If a school 17 24 district and a municipality are unable to agree on the amount 17 25 of physical plant and equipment revenue certified by the 17 26 municipality for the fiscal year beginning July 1, 2001, 17 27 either party may request that the state appeal board review 17 28 and finally pass upon the amount that may be certified. Such 17 29 appeals must be presented in writing to the state appeal board 17 30 no later than July 31 following certification. The burden 17 31 shall be on the municipality to prove that the physical plant 17 32 and equipment levy revenue is necessary to pay principal and 17 33 interest on bonds issued prior to July 1, 2001. A final 17 34 decision must be issued by the state appeal board no later 17 35 than the following October 1. 18 1 Sec. 42. Section 427.1, subsection 19, Code 2001, as 18 2 amended by 2001 Iowa Acts, Senate File 514, is amended by 18 3 adding the following new unnumbered paragraph: 18 4 NEW UNNUMBERED PARAGRAPH. For purposes of establishing the 18 5 valuation limitation under this subsection, if more than one 18 6 person has an ownership interest in the property, the multiple 18 7 owners shall be considered one owner so that the two hundred 18 8 thousand dollar limitation cannot be exceeded as a result of 18 9 multiple ownership. For purposes of applying the valuation 18 10 limitation to multiple properties owned by the same person, 18 11 the two hundred thousand dollar limitation shall apply per 18 12 owner on a statewide basis. 18 13 Sec. 43. Section 483A.27, Code 2001, is amended by adding 18 14 the following new subsection: 18 15 NEW SUBSECTION. 11. A hunter safety and ethics instructor 18 16 certified by the department shall be allowed to conduct an 18 17 approved hunter safety and ethics education course on public 18 18 school property with the approval of a majority of the board 18 19 of directors of the school district. The conduct of an 18 20 approved hunter safety and ethics education course is not a 18 21 violation of any public policy, rule, regulation, resolution, 18 22 or ordinance which prohibits the possession, display, or use 18 23 of a firearm, bow and arrow, or other hunting weapon on public 18 24 school property or other public property in this state. 18 25 Sec. 44. Section 301.30, Code 2001, is repealed. 18 26 Sec. 45. 2001 Iowa Acts, House File 259, shall not take 18 27 effect July 1, 2001, but shall take effect January 1, 2002. 18 28 Sec. 46. EFFECTIVE DATE. Section 45 of this division of 18 29 this Act, being deemed of immediate importance, takes effect 18 30 upon enactment. 18 31 Sec. 47. EFFECTIVE AND APPLICABILITY DATES. Sections 40 18 32 and 41 of this division of this Act, being deemed of immediate 18 33 importance, take effect upon enactment and apply to property 18 34 taxes due and payable in fiscal years beginning on or after 18 35 July 1, 2002. 19 1 Sec. 48. CONTINGENT EFFECTIVE DATE. Section 42 of this 19 2 Act shall take effect only if 2001 Iowa Acts, Senate File 514 19 3 is enacted without adoption of amendment H-1883 or, in the 19 4 alternative, Senate File 514 is enacted without adoption of H- 19 5 1914 to amendment H-1897 to Senate File 514. 19 6 DIVISION VI 19 7 SCHEDULED VIOLATIONS 19 8 Sec. 49. Section 321.17, Code 2001, is amended to read as 19 9 follows: 19 10 321.17 MISDEMEANOR TO VIOLATE REGISTRATION PROVISIONS. 19 11 It is a simple misdemeanor punishable as a scheduled 19 12 violation under section 805.8A, subsection 2, paragraph "b", 19 13 for any person to drive or move or for an owner knowingly to 19 14 permit to be driven or moved upon the highway a vehicle of a 19 15 type required to be registered under this chapter which is not 19 16 registered, or for which the appropriate fee has not been 19 17 paid, except as provided in section 321.109, subsection 3. 19 18 Sec. 50. Section 321.98, Code 2001, is amended to read as 19 19 follows: 19 20 321.98 OPERATION WITHOUT REGISTRATION. 19 21NoA person shall not operate,nor shalland an owner shall 19 22 not knowingly permit to be operated upon any highway any 19 23 vehicle required to be registered and titled hereunder unless 19 24 there shall be attached thereto and displayed thereon when and 19 25 as required by this chapter a valid registration card and 19 26 registration plate or plates issued therefor for the current 19 27 registration year and unless a certificate of title has been 19 28 issued for such vehicle except as otherwise expressly 19 29 permitted in this chapter. Any violation of this section is a 19 30 simple misdemeanor punishable as a scheduled violation under 19 31 section 805.8A, subsection 2, paragraph "b". 19 32 Sec. 51. Section 321.193, unnumbered paragraph 4, Code 19 33 2001, is amended to read as follows: 19 34 It is a simple misdemeanor punishable as a scheduled 19 35 violation under section 805.8A, subsection 4, paragraph "a", 20 1 for a person to operate a motor vehicle in any manner in 20 2 violation of the restrictions imposed on a restricted license 20 3 issued to that person under this section. 20 4 Sec. 52. Section 321.216, unnumbered paragraph 1, Code 20 5 2001, is amended to read as follows: 20 6 It is a simple misdemeanor punishable as a scheduled 20 7 violation under section 805.8A, subsection 4, paragraph "b", 20 8 for any person: 20 9 Sec. 53. Section 321.216B, Code 2001, is amended to read 20 10 as follows: 20 11 321.216B USE OF DRIVER'S LICENSE OR NONOPERATOR'S 20 12 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN ALCOHOL. 20 13 A person who is under the age of twenty-one, who alters or 20 14 displays or has in the person's possession a fictitious or 20 15 fraudulently altered driver's license or nonoperator's 20 16 identification card and who uses the license to violate or 20 17 attempt to violate section 123.47, commits a simple 20 18 misdemeanor punishableby a fine of one hundred dollarsas a 20 19 scheduled violation under section 805.8A, subsection 4, 20 20 paragraph "c". The court shall forward a copy of the 20 21 conviction to the department. 20 22 Sec. 54. Section 321.216C, Code 2001, is amended to read 20 23 as follows: 20 24 321.216C USE OF DRIVER'S LICENSE OR NONOPERATOR'S 20 25 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN CIGARETTES OR 20 26 TOBACCO PRODUCTS. 20 27 A person who is under the age of eighteen, who alters or 20 28 displays or has in the person's possession a fictitious or 20 29 fraudulently altered driver's license or nonoperator's 20 30 identification card and who uses the license or card to 20 31 violate or attempt to violate section 453A.2, subsection 2, 20 32 commits a simple misdemeanor punishableby a fine of one20 33hundred dollarsas a scheduled violation under section 805.8A, 20 34 subsection 4, paragraph "c". The court shall forward a copy 20 35 of the conviction to the department. 21 1 Sec. 55. Section 321L.3, unnumbered paragraph 2, Code 21 2 2001, is amended to read as follows: 21 3 A person who fails to return the persons with disabilities 21 4 parking permit and subsequently misuses the permit by 21 5 illegally parking in a persons with disabilities parking space 21 6 is guilty of a simple misdemeanorand subject to a fine of up21 7to one hundred dollarspunishable as a scheduled violation 21 8 under section 805.8A, subsection 1, paragraph "c". 21 9 Sec. 56. Section 321L.7, Code 2001, is amended to read as 21 10 follows: 21 11 321L.7 PENALTY FOR FAILING TO PROVIDE PERSONS WITH 21 12 DISABILITIES PARKING SPACES AND SIGNS. 21 13 Failure to provide proper persons with disabilities parking 21 14 spaces as provided in section 321L.5 or to properly display 21 15 persons with disabilities parking signs as provided in section 21 16 321L.6 is a simple misdemeanorfor which a fine of one hundred21 17dollars shall be imposed for each violationpunishable as a 21 18 scheduled violation under section 805.8A, subsection 1, 21 19 paragraph "c". 21 20 Sec. 57. Section 452A.52, unnumbered paragraph 2, Code 21 21 2001, is amended to read as follows: 21 22 Any person who is unable to display either of the permits 21 23 or the license provided in section 452A.53 and brings into the 21 24 state in the fuel supply tanks of a commercial motor vehicle 21 25 more than thirty gallons of motor fuel or special fuel in 21 26 violation ofthe provisions of the preceding paragraph is21 27guilty ofsubsection 1 commits a simple misdemeanor punishable 21 28 as a scheduled violation under section 805.8A, subsection 13, 21 29 paragraph "c". 21 30 Sec. 58. CONFLICTING LEGISLATION. If both 2001 Iowa Acts, 21 31 Senate File 499 and 2001 Iowa Acts, House File 561 are enacted 21 32 by the Seventy-ninth General Assembly and if House File 561 21 33 maintains the scheduled fine for a violation of section 21 34 321.234A at one hundred dollars, the scheduled fine of fifty 21 35 dollars, as enacted in Senate File 499, shall prevail and the 22 1 scheduled fine of one hundred dollars, as enacted in House 22 2 File 561, shall be void. 22 3 Sec. 59. CONTINGENT EFFECTIVENESS. This division of this 22 4 Act takes effect only if 2001 Iowa Acts, Senate File 499 is 22 5 enacted. 22 6 DIVISION VII 22 7 CORRECTIVE AMENDMENTS 22 8 Sec. 60. Section 103A.3, subsections 10, 11, 20, and 25, 22 9 Code 2001, are amended to read as follows: 22 10 10. "Ground anchoring system" means any device or 22 11 combination of devices used to securely anchor a manufactured 22 12 or mobile home to the ground. 22 13 11. "Ground support system" means any device or 22 14 combination of devices placed beneath a manufactured or mobile 22 15 home and used to provide support. 22 16 20. "Permanent site" means any lot or parcel of land on 22 17 which a manufactured or mobile home used as a dwelling or 22 18 place of business, is located for ninety consecutive days 22 19 except a construction site when the manufactured or mobile 22 20 home is used by a commercial contractor as a construction 22 21 office or storage room. 22 22 25. "Tiedown system" means a ground support system and a 22 23 ground anchoring system used in concert to provide anchoring 22 24 and support for a manufactured or mobile home. 22 25 Sec. 61. Section 103A.26, Code 2001, if enacted by 2001 22 26 Iowa Acts, Senate File 185, section 4, is amended to read as 22 27 follows: 22 28 103A.26 MANUFACTURED OR MOBILE HOME INSTALLERS 22 29 CERTIFICATION – VIOLATION – CIVIL PENALTY. 22 30 1. a. A person who installs a manufactured or mobile home 22 31 for another person shall be certified in accordance with rules 22 32 adopted by the commissioner pursuant to chapter 17A. The 22 33 commissioner may assess a fee sufficient to recover the costs 22 34 of administering the certification of manufactured or mobile 22 35 home installers. The commissioner may suspend or revoke the 23 1 certification of a manufactured or mobile home installer for 23 2 failure to perform installation of a manufactured or mobile 23 3 home, pursuant to certification standards as provided by rules 23 4 of the commissioner. 23 5 b. Notwithstanding section 103A.23, all fees collected by 23 6 the commissioner for the administration of the manufactured or 23 7 mobile home program shall be credited to the general fund of 23 8 the state and are appropriated to the commissioner for the 23 9 purpose of administering this certification program including 23 10 the employment of personnel for the enforcement and 23 11 administration of this program. 23 12 2. If a provision of this chapter or a rule adopted 23 13 pursuant to this chapter relating to the manufacture or 23 14 installation of a manufactured or mobile home is violated, the 23 15 commissioner may assess a civil penalty not to exceed one 23 16 thousand dollars for each offense. Each violation involving a 23 17 separate manufactured or mobile home, or a separate failure or 23 18 refusal to allow an act to be performed or to perform an act 23 19 as required by this chapter, or a rule adopted pursuant to 23 20 this chapter constitutes a separate offense. However, the 23 21 maximum amount of civil penalties which may be assessed for 23 22 any series of violations occurring within one year from the 23 23 date of the first violation shall not exceed one million 23 24 dollars. 23 25 Sec. 62. Section 165A.5, subsection 1, as enacted by 2001 23 26 Iowa Acts, Senate File 209, section 5, is amended to read as 23 27 follows: 23 28 1.Except as provided in this subsection, aA person 23 29 violating a provision of this chapter or any rule adopted 23 30 pursuant to this chapter shall be subject to a civil penalty 23 31 of at least one hundred dollars but not more than one thousand 23 32 dollars. The proceeding to assess a civil penalty shall be 23 33 conducted as a contested case proceeding under chapter 17A. 23 34 Sec. 63. Section 172E.1, subsection 3, as enacted by 2001 23 35 Iowa Acts, Senate File 209, section 6, is amended to read as 24 1 follows: 24 2 3. "Livestock market" means any place where livestock are 24 3 assembled from two or more sources for public auction, private 24 4 sale, or sale on a commission basis, which is under state or 24 5 federal supervision, including a livestock auction market, if 24 6 such livestock are kept in the place for ten days or less. 24 7 Sec. 64. Section 232.21, subsection 4, Code 2001, as 24 8 amended by 2001 Acts, Senate File 458, section 5, if enacted, 24 9 is amended to read as follows: 24 10 4. A child placed in a shelter care facility under this 24 11 section shall not be held for a period in excess of forty- 24 12 eight hours without an oral or written court order authorizing 24 13 the shelter care. When the action is authorized by an oral 24 14 court order, the court shall enter a written order before the 24 15 end of the next day confirming the oral order and indicating 24 16 the reasons for the order. A child placed in shelter care 24 17 pursuant to section 232.19, subsection 1, paragraph "c", shall 24 18 not be held in excess of seventy-two hours in any event. If 24 19 deemed appropriate by the court, an order authorizing shelter 24 20 care placement may include a determination that continuation 24 21 of the child in the child's home is contrary to the child's 24 22 welfare and that reasonable efforts as defined in section 24 23 232.57 have been made. The inclusion of such a determination 24 24 shall not under any circumstances be deemed a prerequisite for 24 25 entering an order pursuant to this section. However, the 24 26 inclusion of such afindingdetermination, supported by the 24 27 record, may assist the department in obtaining federal funding 24 28 for the child's placement. 24 29 Sec. 65. Section 321.113, subsection 5, paragraph b, 24 30 unnumbered paragraph 1, if enacted by 2001 Iowa Acts, Senate 24 31 File 350, section 4, is amended to read as follows: 24 32 If the title of a 1993 model year or older motor vehicle is 24 33 transferred to a new owner or if such a motor vehicle is 24 34 brought into the state on or after January 1, 2002, the 24 35 registration fee shall not be based on the weight and list 25 1 price of the motor vehicle, but shall be as follows: 25 2 Sec. 66. Section 322B.2, subsection 4, if enacted by 2001 25 3 Iowa Acts, House File 656, section 2, is amended to read as 25 4 follows: 25 5 4. "Manufactured or mobile home distributor" means a 25 6 person who sells or distributes manufactured or mobile homes 25 7 to manufactured or mobile home retailers. 25 8 Sec. 67. Section 331.303, subsection 1, paragraph b, Code 25 9 2001, as amended by 2001 Iowa Acts, Senate File 453, section 25 10 1, is amended to read as follows: 25 11 b. A "warrant book" which records each warrant drawn in 25 12 the order of issuance by number, date, amount, and name of 25 13 drawee, and refers to the order in the minute book authorizing 25 14 its drawing. The board may authorize the auditor to issue 25 15 checks in lieu of warrants. If the issuance of checks is 25 16 authorized, the word "check" shall be substituted for the word 25 17 "warrant" in those sections of this chapter and chapters6B.1125 18 6B, 11, 35B, 336, 349, 350, 427B, and 468 in which the 25 19 issuance of a check is authorized in lieu of a warrant. 25 20 Sec. 68. Section 351.39, Code 2001, as amended by 2001 25 21 Iowa Acts, House File 179, section 1, is amended to read as 25 22 follows: 25 23 351.39 CONFINEMENT. 25 24 If a local board of health receives information that an 25 25 animal has bitten a person or that a dog or animal is 25 26 suspected of having rabies, the board shall order the owner to 25 27 confine such animal in the manner it directs. If the owner 25 28 fails to confine such animal in the manner directed, the 25 29 animal shall be apprehended and impounded by such board, and 25 30 after ten days the board may humanely destroy the animal. If 25 31 such animal is returned to its owner, the owner shall pay the 25 32 cost of impoundment. This section shall not applytoif a 25 33 police service dog or a horse used by a law enforcement 25 34 agency, that isand acting in the performance of its duties 25 35whichhas bitten a person. 26 1 Sec. 69. Section 466.8, unnumbered paragraph 1, as enacted 26 2 by 2001 Iowa Acts, Senate File 479, section 2, is amended to 26 3 read as follows: 26 4 The department of natural resources shall establish an on- 26 5 site wastewater systems assistance program for the purpose of 26 6 providing low-interest loans to homeowners residing outside 26 7 the boundaries of a city for improving on-site wastewater 26 8 disposal systems. 26 9 Sec. 70. Section 466.8, subsection 4, as enacted by 2001 26 10 Iowa Acts, Senate File 479, section 2, is amended to read as 26 11 follows: 26 12 4. The department shall report to the general assembly 26 13 annually on the progress of the on-site wastewater systems 26 14 assistance program. 26 15 Sec. 71. Section 507B.4A, subsection 2, paragraph c, as 26 16 enacted by 2001 Iowa Acts, Senate File 500, section 8, is 26 17 amended to read as follows: 26 18 c. The commissioner shall adopt rules establishing 26 19 processes for timely adjudication and payment of claims by 26 20 insurers for health care benefits. The rules shall be 26 21 consistent with the time frames and other procedural standards 26 22 for claims decisions by group health plans established by the 26 23 United States department of labor pursuant to 29 C.F.R. pt. 26 24 2560 in effectat the time of passage of this Acton January 26 25 1, 2002. 26 26 Sec. 72. Section 522B.14, subsection 11, as enacted by 26 27 2001 Iowa Acts, Senate File 276, section 28, is amended to 26 28 read as follows: 26 29 11. An insurer, the authorized representative of the 26 30 insurer, or an insurance producer that fails to report as 26 31 required under this section, or that is found to have reported 26 32 with actual malice by a court of competent jurisdiction, after 26 33 notice and hearing, may have its license or certificate of 26 34 authority suspended or revoked and may befinedpenalized as 26 35 provided in section 522B.17. 27 1 Sec. 73. Section 523A.401, subsection 5, paragraph c, if 27 2 enacted by 2001 Iowa Acts, Senate File 473, section 28, is 27 3 amended to read as follows: 27 4 c. The policy shall have an increasing death benefit or 27 5 similar feature that provides some means for increasing the 27 6 funding as the cost of cemetery merchandise, funeral 27 7 merchandise, andcemetery goods andfuneral services 27 8 increases. 27 9 Sec. 74. Section 523A.405, subsection 1, if enacted by 27 10 2001 Iowa Acts, Senate File 473, section 32, is amended to 27 11 read as follows: 27 12 1. In lieu of trust requirements, a seller may file with 27 13 the commissioner a surety bond issued by a surety company 27 14 authorized to do business and doing business within this 27 15 state. The bond must be conditioned upon the seller's 27 16 faithful performance of purchase agreements subject to this 27 17 chapter. The surety's liability extends to each such 27 18 agreement executed while the bond is in force and until 27 19 performance or recision of the purchase agreement. The 27 20 aggregate liability of the surety for any and all breaches of 27 21 the conditions of the bond shall not exceed the penal sum of 27 22 the bond. To the extent expressly agreed to in writing by the 27 23 surety, the surety's liability extends to each such agreement 27 24 subject to this chapter executed prior to the time the bond 27 25 was in force and until performance or recision of the 27 26 agreement. A purchaser aggrieved by a breach of a condition 27 27 of the bond covering the purchaser's agreement may maintain an 27 28 action against the bond. If, at the time of the breach, the 27 29 purchaser is aware of the purchaser's rights under the bond 27 30 and how to file a claim against the bond, the surety shall not 27 31 be liable for any breach of condition unless the surety 27 32 receives notice of a claim within sixty days following 27 33 discovery of the acts, omissions, or conditions constituting 27 34 the breach of condition, except as otherwise provided in this 27 35 section. A surety bond shall not be canceled by a surety 28 1 except upon a written notice of cancellation given by the 28 2 surety to the commissioner by restricted certified mail, and 28 3 not prior to the expiration of sixty days after receipt of the 28 4 notice by the commissioner. The surety's liability shall 28 5 extend to each purchase agreement subject to this chapter 28 6 executed prior to cancellation of the surety bond until the 28 7 seller has complied withsectionsubsection 3. 28 8 Sec. 75. Section 554.9525, subsections 3 and 4, as enacted 28 9 by 2000 Iowa Acts, chapter 1149, section 96, are amended to 28 10 read as follows: 28 113.2. NUMBER OF NAMES. The number of names required to be 28 12 indexed does not affect the amount of the fee insubsections28 13 subsection 1and 2. 28 144.3. RESPONSE TO INFORMATION REQUEST. A ruleor28 15ordinanceadopted pursuant to subsection 1 must set the fee 28 16 for responding to a request for information from the filing 28 17 office, including for communicating whether there is on file 28 18 any financing statement naming a particular debtor. A fee for 28 19 responding to a request communicated in writing must be not 28 20 less than twice the amount of the fee for responding to a 28 21 request communicated by another medium authorized by the 28 22 office of secretary of state or the board of supervisors for 28 23 the filing office where its filing office is located. 28 24 Sec. 76. Section 558.39, unnumbered paragraph 1, Code 28 25 2001, as amended by 2001 Iowa Acts, House File 259, is amended 28 26 to read as follows: 28 27 The following forms of acknowledgment shall be sufficient 28 28 in the cases to which they are respectively applicable. In 28 29 each case where one of these forms is used, the name of the 28 30 state and county where the acknowledgment is taken shall 28 31 precede the body of the certificate, and the signature and 28 32 official title of the officer shall follow it as indicated in 28 33 the first form and shall constitute a part of the certificate, 28 34 and the stamp or seal of the officer shall be attached when 28 35 necessary under the provision of this chapter and as provided 29 1 in section9E.69E.6A. No certificate of acknowledgment shall 29 2 be held to be defective on account of the failure to show the 29 3 official title of the officer making the certificate if such 29 4 title appears either in the body of such certificate or in 29 5 connection therewith, or with the signature thereto. 29 6 Sec. 77. Section 627.6, subsection 8, paragraph f, 29 7 subparagraph (3), Code 2001, as amended by 2001 Iowa Acts, 29 8 House File 654, section 3, if enacted, is amended to read as 29 9 follows: 29 10 (3) For simplified employee pension plans, self-employed 29 11 pension plans (also known as Keogh plans or H.R. 10 plans), 29 12 individual retirement accounts established under section 29 13 408(a) of the Internal Revenue Code, individual retirement 29 14 annuities established under section 408(b) of the Internal 29 15 Revenue Code, savings incentive matched plans for employees, 29 16 salary reduction simplified employee pension plans (also known 29 17 as SARSEPs), and similar plans for retirement investments 29 18 authorized in the future under federal law, the exemption for 29 19 contributions shall not exceed, for each tax year of 29 20 contributions, the actual amount of the contribution deducted 29 21for individual retirement accounts and annuities established29 22under section 408 of the Internal Revenue Code or the maximum29 23amount which could be contributed and deducted in the tax year29 24of the contributionon the debtor's tax return or the maximum 29 25 amount which could be contributed to an individual retirement 29 26 account established under section 408(a) of the Internal 29 27 Revenue Code and deducted in the tax year of the contribution, 29 28 whichever is less. The exemption for accumulated earnings and 29 29 market increases in value of plans under this subparagraph 29 30 shall be limited to an amount determined by multiplying all 29 31 the accumulated earnings and market increases in value by a 29 32 fraction, the numerator of which is the total amount of exempt 29 33 contributions as determined by this subparagraph, and the 29 34 denominator of which is the total of exempt and nonexempt 29 35 contributions to the plan. 30 1 Sec. 78. Section 633.4213, subsection 5, Code 2001, is 30 2 amended to read as follows: 30 3 5. A trustee shall prepare and send to the beneficiaries 30 4 an account of the trust property, liabilities, receipts, and 30 5 disbursements at least annually, at the termination of the 30 6 trust, and upon a change of a trustee. An accounting on 30 7 behalf of a former trustee shall be prepared by the former 30 8 trustee, or if the trustee's appointment is terminated by 30 9 reason of death or incapacity, by the former trustee's 30 10 personal representative or guardian or conservator. 30 11 Sec. 79. Section 702.11, subsection 2, paragraph e, as 30 12 enacted by 2001 Iowa Acts, Senate File 63, section 1, is 30 13 amended to read as follows: 30 14 e. Child endangerment resulting in bodily injury to a 30 15 child or a minor in violation of section 726.6, subsection 2A. 30 16 Sec. 80. 2001 Iowa Acts, House File 656, section 15, is 30 17 amended to read as follows: 30 18 SEC. 15. Sections103A.3,103A.30, 103A.31, 321.1, 321.47, 30 19 321.123, 321.251, 321.284A, 321.457, 321E.28, 321E.31, 30 20 331.429, 331.653, 422.43, 422A.1, 425.17, 426A.11, 427.11, 30 21 435.22, 441.17, 445.1, 445.36A, 445.37, 445.38, 515C.1, 30 22 534.605, 562B.2, 562B.13, 631.1, 631.4, and 648.3, Code 2001, 30 23 are amended by inserting before the words "mobile home" the 30 24 words "manufactured or". 30 25 Sec. 81. DIRECTION TO CODE EDITOR. In codifying 30 26 provisions of 2000 Iowa Acts, chapter 1149, in Code Supplement 30 27 2001, the Code editor may change references from "this Act" to 30 28 an appropriate reference, including but not limited to "this 30 29 Article", wherever it appears in the Act, after consultation 30 30 with the Iowa state bar association. The Iowa state bar 30 31 association is requested to respond to the Code editor's 30 32 consultations by no later than July 31, 2001. Nothing in this 30 33 section limits the authority of the Code editor under section 30 34 2B.13. 30 35 Sec. 82. CONTINGENT EFFECTIVENESS. The sections of this 31 1 division of this Act amending Code section 103A.3 and Code 31 2 section 103A.26, if enacted, and Code section 322B.2, take 31 3 effect only if 2001 Iowa Acts, House File 656 is enacted. 31 4 31 5 31 6 31 7 BRENT SIEGRIST 31 8 Speaker of the House 31 9 31 10 31 11 31 12 MARY E. KRAMER 31 13 President of the Senate 31 14 31 15 I hereby certify that this bill originated in the House and 31 16 is known as House File 755, Seventy-ninth General Assembly. 31 17 31 18 31 19 31 20 MARGARET THOMSON 31 21 Chief Clerk of the House 31 22 Approved , 2001 31 23 31 24 31 25 31 26 THOMAS J. VILSACK 31 27 Governor
Text: HF00754 Text: HF00756 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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