Text: S03653 Text: S03655 Text: S03600 - S03699 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 542 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "DIVISION I 1 5 MH/MR/DD – ALLOWED GROWTH 1 6 Section 1. COUNTY MENTAL HEALTH, MENTAL 1 7 RETARDATION, AND DEVELOPMENTAL DISABILITIES ALLOWED 1 8 GROWTH FACTOR ADJUSTMENT AND ALLOCATIONS. There is 1 9 appropriated from the general fund of the state to the 1 10 department of human services for the fiscal year 1 11 beginning July 1, 2002, and ending June 30, 2003, the 1 12 following amount, or so much thereof as is necessary, 1 13 to be used for the purpose designated: 1 14 For distribution to counties of the county mental 1 15 health, mental retardation, and developmental 1 16 disabilities allowed growth factor adjustment, as 1 17 provided in this section in lieu of the provisions of 1 18 section 331.438, subsection 2, and section 331.439, 1 19 subsection 3, and chapter 426B: 1 20 .................................................. $ 14,874,702 1 21 The funding appropriated in this section is the 1 22 allowed growth factor adjustment for fiscal year 2002- 1 23 2003, and is allocated for distribution as provided by 1 24 law. 1 25 DIVISION II 1 26 STANDING APPROPRIATIONS – REDUCTIONS 1 27 Sec. 2. GENERAL ASSEMBLY. The budgets approved 1 28 pursuant to section 2.12 for the expenses of the 1 29 general assembly and legislative agencies for the 1 30 fiscal year beginning July 1, 2001, and ending June 1 31 30, 2002, are reduced by the following amount: 1 32 .................................................. $ 1,550,324 1 33 Sec. 3. PERFORMANCE OF DUTY. The appropriation 1 34 made from the general fund of the state in section 1 35 7D.29, for the fiscal year beginning July 1, 2001, and 1 36 ending June 30, 2002, for performance of duty by the 1 37 executive council, is reduced by the following amount: 1 38 .................................................. $ 1,000,000 1 39 Sec. 4. STATE APPEAL BOARD CLAIMS. 1 40 Notwithstanding the standing appropriations in section 1 41 25.2, subsection 3, the amount appropriated from the 1 42 general fund of the state under section 25.2, 1 43 subsection 3, to the state appeal board to pay claims 1 44 against the state for the fiscal year beginning July 1 45 1, 2001, and ending June 30, 2002, is reduced by the 1 46 following amount: 1 47 .................................................. $ 2,000,000 1 48 Sec. 5. CONSTITUTIONAL AMENDMENTS AND PUBLIC 1 49 MEASURES. Notwithstanding the standing appropriation 1 50 in section 49A.9, the amount appropriated from the 2 1 general fund of the state under section 49A.9, to the 2 2 office of the secretary of state for the fiscal year 2 3 beginning July 1, 2001, and ending June 30, 2002, is 2 4 reduced by the following amount: 2 5 .................................................. $ 2,565 2 6 Sec. 6. AREA EDUCATION AGENCIES. Notwithstanding 2 7 the provisions of chapter 257 that determine the 2 8 funding for area education agencies, the state school 2 9 foundation aid for these agencies and the portion of 2 10 the combined district cost calculated for these 2 11 agencies for the fiscal year beginning July 1, 2001, 2 12 and ending June 30, 2002, are reduced by the 2 13 department of management by $7,500,000. The 2 14 department shall calculate a reduction such that each 2 15 area education agency shall receive a reduction 2 16 proportionate to the amount that it would have 2 17 received under section 257.35 if the reduction imposed 2 18 pursuant to this section did not apply. 2 19 Notwithstanding the provisions of section 257.37, an 2 20 area education agency may use the funds determined to 2 21 be available under section 257.35 in a manner which it 2 22 believes is appropriate to best maintain the level of 2 23 required area education agency special education 2 24 services. 2 25 Sec. 7. EARLY INTERVENTION BLOCK GRANT. 2 26 Notwithstanding the standing appropriation in section 2 27 256D.5, subsection 1, the amount appropriated from the 2 28 general fund of the state under section 256D.5, 2 29 subsection 1, to the department of education for the 2 30 fiscal year beginning July 1, 2001, and ending June 2 31 30, 2002, is reduced by the following amount: 2 32 .................................................. $ 10,000,000 2 33 Sec. 8. SCHOOL IMPROVEMENT TECHNOLOGY. 2 34 Notwithstanding the standing appropriation in section 2 35 256D.5, subsection 2, the amount appropriated from the 2 36 general fund of the state under section 256D.5, 2 37 subsection 2, to the department of education for the 2 38 fiscal year beginning July 1, 2001, and ending June 2 39 30, 2002, is reduced by the following amount: 2 40 .................................................. $ 20,000,000 2 41 In implementing the reduction in this section, the 2 42 department of education shall compute under section 2 43 256D.6 the amount each school district, as defined in 2 44 section 256D.6, and area education agency would have 2 45 received but for the reduction in this section and 2 46 shall reduce by two-thirds such amount. 2 47 Sec. 9. AT-RISK CHILDREN PROGRAMS. 2 48 Notwithstanding the standing appropriation in section 2 49 279.51, subsection 1, the amount appropriated from the 2 50 general fund of the state under section 279.51, 3 1 subsection 1, to the department of education for the 3 2 fiscal year beginning July 1, 2001, and ending June 3 3 30, 2002, is reduced by the following amount: 3 4 .................................................. $ 1,000,000 3 5 The amount of the reduction in this section shall 3 6 be prorated among the programs specified in section 3 7 279.51, subsection 1, paragraphs "a", "b", and "c". 3 8 Sec. 10. NONPUBLIC SCHOOL TRANSPORTATION. 3 9 Notwithstanding the standing appropriation in section 3 10 285.2, the amount appropriated from the general fund 3 11 of the state under section 285.2 to the department of 3 12 education for the fiscal year beginning July 1, 2001, 3 13 and ending June 30, 2002, shall be the following 3 14 amount: 3 15 .................................................. $ 7,645,000 3 16 If total approved claims for reimbursement for 3 17 nonpublic school pupil transportation claims exceed 3 18 the amount appropriated in this section, the 3 19 department of education shall prorate the amount of 3 20 each claim. 3 21 Sec. 11. EDUCATIONAL EXCELLENCE. Notwithstanding 3 22 section 294A.25, subsection 1, the amount appropriated 3 23 from the general fund of the state under section 3 24 294A.25, subsection 1, to the department of education 3 25 for phase III moneys for the fiscal year beginning 3 26 July 1, 2001, and ending June 30, 2002, is reduced by 3 27 the following amount: 3 28 .................................................. $ 2,000,000 3 29 Sec. 12. PUBLIC TRANSIT ASSISTANCE APPROPRIATION. 3 30 Notwithstanding section 312.2, subsection 14, the 3 31 amount appropriated from the general fund of the state 3 32 under section 312.2, subsection 14, to the state 3 33 department of transportation for public transit 3 34 assistance under chapter 324A for the fiscal year 3 35 beginning July 1, 2001, and ending June 30, 2002, is 3 36 reduced by the following amount: 3 37 .................................................. $ 659,820 3 38 Sec. 13. INDIAN SETTLEMENT OFFICER. 3 39 Notwithstanding the standing appropriation in section 3 40 331.660, the amount appropriated from the general fund 3 41 of the state under section 331.660, to the county of 3 42 Tama for the fiscal year beginning July 1, 2001, and 3 43 ending June 30, 2002, is reduced by the following 3 44 amount: 3 45 .................................................. $ 25,000 3 46 Sec. 14. COURT COSTS FOR SPECIAL STATE CASES. 3 47 Notwithstanding the standing appropriation in section 3 48 815.1, the amount appropriated from the general fund 3 49 of the state under section 815.1, to pay special court 3 50 costs and attorney fees for the fiscal year beginning 4 1 July 1, 2001, and ending June 30, 2002, is reduced by 4 2 the following amount: 4 3 .................................................. $ 66,370 4 4 Sec. 15. Section 196.8, subsection 2, Code 2001, 4 5 is amended to read as follows: 4 6 2. Notwithstanding subsection 1, eggs gathered for 4 7 sale at a poultry show from fowl exhibited at the 4 8 show, which show has received financial assistance 4 9 from the state in prior fiscal years, shall be exempt 4 10 from the storage temperature and consumer grade 4 11 quality requirements contained in subsection 1.If4 12eggs are offered for sale at such an exhibit, five4 13hundred dollars is appropriated to the department to4 14reimburse the sponsoring agency of the exhibit for the4 15expenses associated with the exhibit.4 16 DIVISION III 4 17 LAW ENFORCEMENT PHYSICAL EXAMS 4 18 Sec. 16. Section 400.8, subsection 1, Code 2001, 4 19 is amended to read as follows: 4 20 1. The commission, when necessary under the rules, 4 21 including minimum and maximum age limits, which shall 4 22 be prescribed and published in advance by the 4 23 commission and posted in the city hall, shall hold 4 24 examinations for the purpose of determining the 4 25 qualifications of applicants for positions under civil 4 26 service, other than promotions, which examinations 4 27 shall be practical in character and shall relate to 4 28 matters which will fairly test the mental and physical 4 29 ability of the applicant to discharge the duties of 4 30 the position to which the applicant seeks appointment. 4 31 The physical examination of applicants for appointment 4 32 to the positions of police officer, police matron, or 4 33 fire fighter shall be held in accordance with medical 4 34 protocols established by the board of trustees of the 4 35 fire and police retirement system established by 4 36 section 411.5 and shall be conductedby the medical4 37board as established in section 411.5in accordance 4 38 with the directives of the board of trustees. The 4 39 board of trustees may change the medical protocols at 4 40 any time the board so determines. The physical 4 41 examination of an applicant for the position of police 4 42 officer, police matron, or fire fighter shall be 4 43 conducted after a conditional offer of employment has 4 44 been made to the applicant. An applicant shall not be 4 45 discriminated against on the basis of height, weight, 4 46 sex, or race in determining physical or mental ability 4 47 of the applicant. Reasonable rules relating to 4 48 strength, agility, and general health of applicants 4 49 shall be prescribed. The costs of the physical 4 50 examination required under this subsection shall be 5 1 paid from the trust and agency fund of the city. 5 2 Sec. 17. 2000 Iowa Acts, chapter 1077, section 5 3 111, is amended to read as follows: 5 4 SEC. 111. EFFECTIVE DATE. Section 87 of this Act 5 5 amending section 411.1, subsection 10, and section 94 5 6 of this Act, amendment section 411.5, subsection 8, 5 7 take effect July 1,20012002. 5 8 Sec. 18. EFFECTIVE DATE. Section 17 of this 5 9 division of this Act, being deemed of immediate 5 10 importance, takes effect upon enactment. 5 11 DIVISION IV 5 12 DEBT SERVICE AND TOBACCO FUND APPROPRIATIONS 5 13 TUITION REPLACEMENT 5 14 Sec. 19. TUITION REPLACEMENT – GENERAL FUND. In 5 15 lieu of the appropriation made to the state board of 5 16 regents for tuition replacement in 2001 Iowa Acts, 5 17 Senate File 535, section 8, subsection 1, paragraph 5 18 "b", if enacted, there is appropriated from the 5 19 general fund of the state to the state board of 5 20 regents for the fiscal year beginning July 1, 2001, 5 21 and ending June 30, 2002, the following amount, or so 5 22 much thereof as is necessary, to be used for the 5 23 purpose designated: 5 24 For allocation by the state board of regents to the 5 25 state university of Iowa, the Iowa state university of 5 26 science and technology, and the university of northern 5 27 Iowa to reimburse the institutions for deficiencies in 5 28 their operating funds resulting from the pledging of 5 29 tuitions, student fees and charges, and institutional 5 30 income to finance the cost of providing academic and 5 31 administrative buildings and facilities and utility 5 32 services at the institutions: 5 33 .................................................. $ 26,081,384 5 34 Sec. 20. TUITION REPLACEMENT – TOBACCO SETTLEMENT 5 35 FUND. In addition to the appropriation made in this 5 36 division of this Act from the general fund of the 5 37 state to the state board of regents for purposes of 5 38 tuition replacement, there is appropriated from the 5 39 tax-exempt bond proceeds restricted capital funds 5 40 account of the tobacco settlement trust fund created 5 41 in section 12E.12, pursuant to 2001 Iowa Acts, Senate 5 42 File 532, if enacted, to the state board of regents 5 43 for the fiscal year beginning July 1, 2001, and ending 5 44 June 30, 2002, the following amount, or so much 5 45 thereof as is necessary, to be used for the purpose 5 46 designated: 5 47 For allocation by the state board of regents to the 5 48 state university of Iowa, the Iowa state university of 5 49 science and technology, and the university of northern 5 50 Iowa to reimburse the institutions for deficiencies in 6 1 their operating funds resulting from the pledging of 6 2 tuitions, student fees and charges, and institutional 6 3 income to finance the cost of providing academic and 6 4 administrative buildings and facilities and utility 6 5 services at the institutions: 6 6 .................................................. $ 600,330 6 7 IOWA COMMUNICATIONS NETWORK 6 8 Sec. 21. IOWA COMMUNICATIONS NETWORK DEBT SERVICE 6 9 – GENERAL FUND. In lieu of the appropriation made to 6 10 the treasurer of state for Iowa communications network 6 11 debt service in 2001 Iowa Acts, House File 719, 6 12 section 1, if enacted, there is appropriated from the 6 13 general fund of the state to the treasurer of state 6 14 for the fiscal year beginning July 1, 2001, and ending 6 15 June 30, 2002, the following amount, or so much 6 16 thereof as is necessary, to be used for the purpose 6 17 designated: 6 18 For debt service for the Iowa communications 6 19 network: 6 20 .................................................. $ 9,939,165 6 21 Sec. 22. IOWA COMMUNICATIONS NETWORK DEBT SERVICE 6 22 – TOBACCO SETTLEMENT FUND. In addition to the 6 23 appropriation made in this division of this Act from 6 24 the general fund of the state to the treasurer of 6 25 state for purposes of Iowa communications network debt 6 26 service, there is appropriated from the tax-exempt 6 27 bond proceeds restricted capital funds account of the 6 28 tobacco settlement trust fund created in section 6 29 12E.12, pursuant to 2001 Iowa Acts, Senate File 532, 6 30 if enacted, to the treasurer of state for the fiscal 6 31 year beginning July 1, 2001, and ending June 30, 2002, 6 32 the following amount, or so much thereof as is 6 33 necessary, to be used for the purpose designated: 6 34 For debt service for the Iowa communications 6 35 network: 6 36 .................................................. $ 1,465,835 6 37 Sec. 23. DEBT SERVICE FUND. Funds appropriated in 6 38 this division of this Act for Iowa communications 6 39 network debt service shall be deposited in a separate 6 40 fund established in the office of the treasurer of 6 41 state to be used solely for debt service for the Iowa 6 42 communications network. The Iowa telecommunications 6 43 and technology commission shall certify to the 6 44 treasurer of state when a debt service payment is due, 6 45 and upon receipt of the certification, the treasurer 6 46 shall make the payment. The commission shall pay any 6 47 additional amount due from funds deposited in the Iowa 6 48 communications network fund. 6 49 PRISON DEBT SERVICE 6 50 Sec. 24. There is appropriated from the tax-exempt 7 1 bond proceeds restricted capital funds account of the 7 2 tobacco settlement trust fund created in section 7 3 12E.12, pursuant to 2001 Iowa Acts, Senate File 532, 7 4 if enacted, to the treasurer of state for the fiscal 7 5 year beginning July 1, 2001, and ending June 30, 2002, 7 6 the following amount, or so much thereof as is 7 7 necessary, to be used for the purpose designated: 7 8 For repayment of prison infrastructure bonds under 7 9 section 16.177: 7 10 .................................................. $ 5,182,272 7 11 TOBACCO MASTER SETTLEMENT AGREEMENT LITIGATION 7 12 Sec. 25. There is appropriated from the tax-exempt 7 13 bond proceeds restricted capital funds account of the 7 14 tobacco settlement trust fund created in section 7 15 12E.12, pursuant to 2001 Iowa Acts, Senate File 532, 7 16 if enacted, to the treasurer of state for the fiscal 7 17 year beginning July 1, 2001, and ending June 30, 2002, 7 18 the following amount, or so much thereof as is 7 19 necessary, to be used for the purpose designated: 7 20 For payment of litigation fees incurred pursuant to 7 21 the tobacco master settlement agreement: 7 22 .................................................. $ 10,617,000 7 23 Sec. 26. CONTINGENT EFFECTIVE DATE. This division 7 24 of this Act shall take effect only if 2001 Iowa Acts, 7 25 Senate File 532 is enacted and only if the tobacco 7 26 settlement authority established in chapter 12E 7 27 securitizes tobacco master settlement agreement 7 28 payments sold to the authority pursuant to 2001 Iowa 7 29 Acts, Senate File 532. If the contingencies of this 7 30 section are met, the effective date of this division 7 31 of this Act shall be the effective date of the receipt 7 32 of the bond proceeds by the tobacco settlement 7 33 authority and the deposit of the proceeds of the tax- 7 34 exempt bonds and the taxable bonds in the respective 7 35 accounts of the tobacco settlement trust fund pursuant 7 36 to chapter 12E, and specifically pursuant to section 7 37 12E.9. 7 38 DIVISION V 7 39 MISCELLANEOUS 7 40 Sec. 27. Notwithstanding section 8.55, subsection 7 41 4, and section 8.56, subsection 1, for the fiscal year 7 42 beginning July 1, 2001, and ending June 30, 2002, the 7 43 interest and earnings on moneys deposited in the Iowa 7 44 economic emergency fund and the cash reserve fund 7 45 shall be credited to the general fund of the state. 7 46 Sec. 28. Notwithstanding any contrary provision in 7 47 section 455E.11, subsection 1, Code 2001, any 7 48 unencumbered or unobligated balance in the groundwater 7 49 protection fund and in any of the accounts within the 7 50 groundwater protection fund on June 30, 2001, shall be 8 1 transferred to the general fund of the state. 8 2 Sec. 29. Section 257.6, subsection 3, unnumbered 8 3 paragraph 1, as amended by 2001 Iowa Acts, House File 8 4 643, section 6, if enacted, is amended to read as 8 5 follows: 8 6 A school district shall determine its additional 8 7 enrollment because of special education, as defined in 8 8 this section,onby November 1 of each year and shall 8 9 certify its additional enrollment because of special 8 10 education to the department of education by November 8 11 15 of each year, and the department shall promptly 8 12 forward the information to the department of 8 13 management. 8 14 Sec. 30. Section 257.6, subsection 5, unnumbered 8 15 paragraph 1, as amended by 2001 Iowa Acts, House File 8 16 643, section 7, if enacted, is amended to read as 8 17 follows: 8 18 Weighted enrollment is the budget enrollment plus 8 19 the district's additional enrollment because of 8 20 special education calculatedonby November 1 of the 8 21 base year plus additional pupils added due to the 8 22 application of the supplementary weighting. 8 23 Sec. 31. MENTAL ILLNESS SPECIAL SERVICES. For the 8 24 fiscal year beginning July 1, 2001, and ending June 8 25 30, 2002, it is the intent of the general assembly 8 26 that the Iowa finance authority shall provide $121,220 8 27 from funding available to the authority to be used for 8 28 mental illness special services. 8 29 1. The Iowa finance authority shall use the 8 30 funding to continue the financing for existing 8 31 community-based facilities and the financing for the 8 32 development of affordable community-based housing 8 33 facilities as funded pursuant to 2000 Iowa Acts, 8 34 chapter 1228, section 22. The department of human 8 35 services shall assure that clients are referred to the 8 36 housing as it is developed. 8 37 2. The purpose of the financing is to provide 8 38 funds for construction and start-up costs to develop 8 39 community living arrangements to provide for persons 8 40 with mental illness who are homeless. These funds may 8 41 be used to match federal Stewart B. McKinney Homeless 8 42 Assistance Act grant funds. 8 43 Sec. 32. Section 260G.4B, subsection 1, Code 2001, 8 44 is amended to read as follows: 8 45 1. The total amount of program job credits from 8 46 all employers which shall be allocated for all 8 47 accelerated career education programs in the state in 8 48 any one fiscal year shall not exceed the sum of three 8 49 million dollars in the fiscal year beginning July 1, 8 50 2000,sixthree million dollars in the fiscal year 9 1 beginning July 1, 2001, and six million dollars in the 9 2 fiscal year beginning July 1, 2002, and every fiscal 9 3 year thereafter. Any increase in program job credits 9 4 above the six-million-dollar limitation per fiscal 9 5 year shall be developed, based on recommendations in a 9 6 study which shall be conducted by the department of 9 7 economic development of the needs and performance of 9 8 approved programs in the fiscal years beginning July 9 9 1, 2000, and July 1, 2001. The study's findings and 9 10 recommendations shall be submitted to the general 9 11 assembly by the department by December 31, 2002. The 9 12 study shall include but not be limited to an 9 13 examination of the quality of the programs, the number 9 14 of program participant placements, the wages and 9 15 benefits in program jobs, the level of employer 9 16 contributions, the size of participating employers, 9 17 and employer locations. A community college shall 9 18 file a copy of each agreement with the department of 9 19 economic development. The department shall maintain 9 20 an annual record of the proposed program job credits 9 21 under each agreement for each fiscal year. Upon 9 22 receiving a copy of an agreement, the department shall 9 23 allocate any available amount of program job credits 9 24 to the community college according to the agreement 9 25 sufficient for the fiscal year and for the term of the 9 26 agreement. When the total available program job 9 27 credits are allocated for a fiscal year, the 9 28 department shall notify all community colleges that 9 29 the maximum amount has been allocated and that further 9 30 program job credits will not be available for the 9 31 remainder of the fiscal year. Once program job 9 32 credits have been allocated to a community college, 9 33 the full allocation shall be received by the community 9 34 college throughout the fiscal year and for the term of 9 35 the agreement even if the statewide program job credit 9 36 maximum amount is subsequently allocated and used. 9 37 Sec. 33. Section 273.22, subsection 5, as amended 9 38 by 2001 Iowa Acts, House File 674, section 4, if 9 39 enacted, is amended to read as follows: 9 40 5. The board of directors of a school district 9 41 that is contiguous to a newly reorganized area 9 42 education agency may petition the board of directors 9 43 ofa contiguoustheir current area education agency 9 44 and the newly reorganized area education agency to 9 45 jointhatthe newly reorganized area education agency. 9 46 Ifthe contiguousboth area education agencyboard9 47approvesboards approve the petition, the 9 48 reorganization shall take effect on July 1 of the 9 49 school year following approval of the petition by the 9 50 state board. A school district may appeal to the 10 1 state board the decision of an area education agency 10 2 board to deny the school district's petition. 10 3 Sec. 34. Section 273.22, as amended by 2001 Iowa 10 4 Acts, House File 674, section 4, if enacted, is 10 5 amended by adding the following new subsection: 10 6 NEW SUBSECTION. 6. The board of directors of a 10 7 school district that is within a newly reorganized 10 8 area education agency and whose school district was 10 9 contiguous to another area education agency prior to 10 10 the reorganization, may petition the board of 10 11 directors of the newly reorganized area education 10 12 agency and the contiguous area education agency to 10 13 join that area education agency. If both area 10 14 education agency boards approve the petition, the 10 15 reorganization shall take effect on July 1 of the 10 16 school year following approval of the petition by the 10 17 state board. A school district may appeal to the 10 18 state board the decision of an area education agency 10 19 board to deny the school district's petition. 10 20 Sec. 35. Section 299.8, as amended by 2001 Iowa 10 21 Acts, House File 643, section 16, if enacted, is 10 22 amended to read as follows: 10 23 299A.8 DUAL ENROLLMENT. 10 24 If a parent, guardian, or legal custodian of a 10 25 child who is receiving competent private instruction 10 26 under this chapter or a child over compulsory age who 10 27 is receiving private instruction submits a request, 10 28 the child shall also be registered in a public school 10 29 for dual enrollment purposes. If the child is 10 30 enrolled in a public school district for dual 10 31 enrollment purposes, the child shall be permitted to 10 32 participate in any academic activities in the district 10 33 and shall also be permitted to participate on the same 10 34 basis as public school children in any extracurricular 10 35 activities available to children in the child's grade 10 36 or group, and the parent, guardian, or legal custodian 10 37 shall not be required to pay the costs of any annual 10 38 evaluation under this chapter. If the child is 10 39 enrolled for dual enrollment purposes, the child shall 10 40 be included in the public school's basic enrollment 10 41 under section 257.6. A pupil who is participating 10 42 only in extracurricular activities shall be counted 10 43 under section 257.6, subsection 1, paragraph "f". A 10 44 pupil enrolled in grades nine through twelve under 10 45 this section shall be counted in the same manner as a 10 46 shared-time pupil under section 257.6, subsection 1, 10 47 paragraph "c". 10 48 Sec. 36. Section 403.19, subsection 2, Code 2001, 10 49 is amended to read as follows: 10 50 2. That portion of the taxes each year in excess 11 1 of such amount shall be allocated to and when 11 2 collected be paid into a special fund of the 11 3 municipality to pay the principal of and interest on 11 4 loans, moneys advanced to, or indebtedness, whether 11 5 funded, refunded, assumed, or otherwise, including 11 6 bonds issued under the authority of section 403.9, 11 7 subsection 1, incurred by the municipality to finance 11 8 or refinance, in whole or in part, an urban renewal 11 9 project within the area, and to provide assistance for 11 10 low and moderate income family housing as provided in 11 11 section 403.22, except that taxes for the regular and 11 12 voter-approved physical plant and equipment levy of a 11 13 school district imposed pursuant to section 298.2 and 11 14 taxes for the payment of bonds and interest of each 11 15 taxing district must be collected against all taxable 11 16 property within the taxing district without limitation 11 17 by the provisions of this subsection. However, all or 11 18 a portion of the taxes for the physical plant and 11 19 equipment levy shall be paid by the school district to 11 20 the municipality if themunicipalityauditor certifies 11 21 to the school district by July 1 the amount of such 11 22 levy that is necessary to pay the principal and 11 23 interest onindebtedness incurredbonds issued by the 11 24 municipality to finance an urban renewal project, 11 25 whichindebtedness was incurredbonds were issued 11 26 before July 1,20002001. Indebtedness incurred to 11 27 refund bonds issued prior to July 1, 2001, shall not 11 28 be included in the certification. Such school 11 29 district shall pay over the amount certified by 11 30 November 1 and May 1 of the fiscal year following 11 31 certification to the school district. Unless and 11 32 until the total assessed valuation of the taxable 11 33 property in an urban renewal area exceeds the total 11 34 assessed value of the taxable property in such area as 11 35 shown by the last equalized assessment roll referred 11 36 to in subsection 1, all of the taxes levied and 11 37 collected upon the taxable property in the urban 11 38 renewal area shall be paid into the funds for the 11 39 respective taxing districts as taxes by or for the 11 40 taxing districts in the same manner as all other 11 41 property taxes. When such loans, advances, 11 42 indebtedness, and bonds, if any, and interest thereon, 11 43 have been paid, all moneys thereafter received from 11 44 taxes upon the taxable property in such urban renewal 11 45 area shall be paid into the funds for the respective 11 46 taxing districts in the same manner as taxes on all 11 47 other property. 11 48 Sec. 37. Section 403.19, Code 2001, is amended by 11 49 adding the following new subsection: 11 50 NEW SUBSECTION. 7. For any fiscal year, a 12 1 municipality may certify to the county auditor for 12 2 physical plant and equipment revenue necessary for 12 3 payment of principal and interest on bonds issued 12 4 prior to July 1, 2001, only if the municipality 12 5 certified for such revenue for the fiscal year 12 6 beginning July 1, 2001. A municipality shall not 12 7 certify to the county auditor for a school district 12 8 more than the amount the municipality certified for 12 9 the fiscal year beginning July 1, 2001. If for any 12 10 fiscal year a municipality fails to certify to the 12 11 county auditor for a school district by July 1 the 12 12 amount of physical plant and equipment revenue 12 13 necessary for payment of principal and interest on 12 14 such bonds, as provided in subsection 2, the school 12 15 district is not required to pay over the revenue to 12 16 the municipality. If a school district and a 12 17 municipality are unable to agree on the amount of 12 18 physical plant and equipment revenue certified by the 12 19 municipality for the fiscal year beginning July 1, 12 20 2002, either party may request that the state appeal 12 21 board review and finally pass upon the amount that may 12 22 be certified. Such appeals must be presented in 12 23 writing to the state appeal board no later than July 12 24 31 following certification. The burden shall be on 12 25 the municipality to prove that the physical plant and 12 26 equipment levy revenue is necessary to pay principal 12 27 and interest on bonds issued prior to July 1, 2001. A 12 28 final decision must be issued by the state appeal 12 29 board no later than the following October 1. 12 30 Sec. 38. Section 427.1, subsection 19, Code 2001, 12 31 as amended by 2001 Iowa Acts, Senate File 514, is 12 32 amended by adding the following new unnumbered 12 33 paragraph: 12 34 NEW UNNUMBERED PARAGRAPH. For purposes of 12 35 establishing the valuation limitation under this 12 36 subsection, if more than one person has an ownership 12 37 interest in the property, the multiple owners shall be 12 38 considered one owner so that the two hundred thousand 12 39 dollar limitation cannot be exceeded as a result of 12 40 multiple ownership. For purposes of applying the 12 41 valuation limitation to multiple properties owned by 12 42 the same person, the two hundred thousand dollar 12 43 limitation shall apply per owner on a statewide basis. 12 44 Sec. 39. Section 483A.27, Code 2001, is amended by 12 45 adding the following new subsection: 12 46 NEW SUBSECTION. 11. A hunter safety and ethics 12 47 instructor certified by the department shall be 12 48 allowed to conduct an approved hunter safety and 12 49 ethics education course on public school property with 12 50 the approval of a majority of the board of directors 13 1 of the school district. The conduct of an approved 13 2 hunter safety and ethics education course is not a 13 3 violation of any public policy, rule, regulation, 13 4 resolution, or ordinance which prohibits the 13 5 possession, display, or use of a firearm, bow and 13 6 arrow, or other hunting weapon on public school 13 7 property or other public property in this state. 13 8 Sec. 40. EFFECTIVE AND APPLICABILITY DATES. 13 9 Sections 36 and 37 of this division of this Act, being 13 10 deemed of immediate importance, take effect upon 13 11 enactment and apply to property taxes due and payable 13 12 in fiscal years beginning on or after July 1, 2002. 13 13 Sec. 41. CONTINGENT EFFECTIVE DATE. Section 38 of 13 14 this Act shall take effect only if 2001 Iowa Acts, 13 15 Senate File 514 is enacted without adoption of 13 16 amendment H-1883 or, in the alternative, Senate File 13 17 514 is enacted without adoption of H-1914 to amendment 13 18 H-1897 to Senate File 514. 13 19 DIVISION VI 13 20 SCHEDULED VIOLATIONS 13 21 Sec. 42. Section 321.17, Code 2001, is amended to 13 22 read as follows: 13 23 321.17 MISDEMEANOR TO VIOLATE REGISTRATION 13 24 PROVISIONS. 13 25 It is a simple misdemeanor punishable as a 13 26 scheduled violation under section 805.8A, subsection 13 27 2, paragraph "b", for any person to drive or move or 13 28 for an owner knowingly to permit to be driven or moved 13 29 upon the highway a vehicle of a type required to be 13 30 registered under this chapter which is not registered, 13 31 or for which the appropriate fee has not been paid, 13 32 except as provided in section 321.109, subsection 3. 13 33 Sec. 43. Section 321.98, Code 2001, is amended to 13 34 read as follows: 13 35 321.98 OPERATION WITHOUT REGISTRATION. 13 36NoA person shall not operate,nor shalland an 13 37 owner shall not knowingly permit to be operated upon 13 38 any highway any vehicle required to be registered and 13 39 titled hereunder unless there shall be attached 13 40 thereto and displayed thereon when and as required by 13 41 this chapter a valid registration card and 13 42 registration plate or plates issued therefor for the 13 43 current registration year and unless a certificate of 13 44 title has been issued for such vehicle except as 13 45 otherwise expressly permitted in this chapter. Any 13 46 violation of this section is a simple misdemeanor 13 47 punishable as a scheduled violation under section 13 48 805.8A, subsection 2, paragraph "b". 13 49 Sec. 44. Section 321.193, unnumbered paragraph 4, 13 50 Code 2001, is amended to read as follows: 14 1 It is a simple misdemeanor punishable as a 14 2 scheduled violation under section 805.8A, subsection 14 3 4, paragraph "a", for a person to operate a motor 14 4 vehicle in any manner in violation of the restrictions 14 5 imposed on a restricted license issued to that person 14 6 under this section. 14 7 Sec. 45. Section 321.216, unnumbered paragraph 1, 14 8 Code 2001, is amended to read as follows: 14 9 It is a simple misdemeanor punishable as a 14 10 scheduled violation under section 805.8A, subsection 14 11 4, paragraph "b", for any person: 14 12 Sec. 46. Section 321.216B, Code 2001, is amended 14 13 to read as follows: 14 14 321.216B USE OF DRIVER'S LICENSE OR NONOPERATOR'S 14 15 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN 14 16 ALCOHOL. 14 17 A person who is under the age of twenty-one, who 14 18 alters or displays or has in the person's possession a 14 19 fictitious or fraudulently altered driver's license or 14 20 nonoperator's identification card and who uses the 14 21 license to violate or attempt to violate section 14 22 123.47, commits a simple misdemeanor punishableby a14 23fine of one hundred dollarsas a scheduled violation 14 24 under section 805.8A, subsection 4, paragraph "c". 14 25 The court shall forward a copy of the conviction to 14 26 the department. 14 27 Sec. 47. Section 321.216C, Code 2001, is amended 14 28 to read as follows: 14 29 321.216C USE OF DRIVER'S LICENSE OR NONOPERATOR'S 14 30 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN 14 31 CIGARETTES OR TOBACCO PRODUCTS. 14 32 A person who is under the age of eighteen, who 14 33 alters or displays or has in the person's possession a 14 34 fictitious or fraudulently altered driver's license or 14 35 nonoperator's identification card and who uses the 14 36 license or card to violate or attempt to violate 14 37 section 453A.2, subsection 2, commits a simple 14 38 misdemeanor punishableby a fine of one hundred14 39dollarsas a scheduled violation under section 805.8A, 14 40 subsection 4, paragraph "c". The court shall forward 14 41 a copy of the conviction to the department. 14 42 Sec. 48. Section 321L.3, unnumbered paragraph 2, 14 43 Code 2001, is amended to read as follows: 14 44 A person who fails to return the persons with 14 45 disabilities parking permit and subsequently misuses 14 46 the permit by illegally parking in a persons with 14 47 disabilities parking space is guilty of a simple 14 48 misdemeanorand subject to a fine of up to one hundred14 49dollarspunishable as a scheduled violation under 14 50 section 805.8A, subsection 1, paragraph "c". 15 1 Sec. 49. Section 321L.7, Code 2001, is amended to 15 2 read as follows: 15 3 321L.7 PENALTY FOR FAILING TO PROVIDE PERSONS WITH 15 4 DISABILITIES PARKING SPACES AND SIGNS. 15 5 Failure to provide proper persons with disabilities 15 6 parking spaces as provided in section 321L.5 or to 15 7 properly display persons with disabilities parking 15 8 signs as provided in section 321L.6 is a simple 15 9 misdemeanorfor which a fine of one hundred dollars15 10shall be imposed for each violationpunishable as a 15 11 scheduled violation under section 805.8A, subsection 15 12 1, paragraph "c". 15 13 Sec. 50. Section 452A.52, unnumbered paragraph 2, 15 14 Code 2001, is amended to read as follows: 15 15 Any person who is unable to display either of the 15 16 permits or the license provided in section 452A.53 and 15 17 brings into the state in the fuel supply tanks of a 15 18 commercial motor vehicle more than thirty gallons of 15 19 motor fuel or special fuel in violation ofthe15 20provisions of the preceding paragraph is guilty of15 21 subsection 1 commits a simple misdemeanor punishable 15 22 as a scheduled violation under section 805.8A, 15 23 subsection 13, paragraph "c". 15 24 Sec. 51. CONFLICTING LEGISLATION. If both 2001 15 25 Iowa Acts, Senate File 499 and 2001 Iowa Acts, House 15 26 File 561 are enacted by the Seventy-ninth General 15 27 Assembly and if House File 561 maintains the scheduled 15 28 fine for a violation of section 321.234A at one 15 29 hundred dollars, the scheduled fine of fifty dollars, 15 30 as enacted in Senate File 499, shall prevail and the 15 31 scheduled fine of one hundred dollars, as enacted in 15 32 House File 561, shall be void. 15 33 Sec. 52. CONTINGENT EFFECTIVENESS. This division 15 34 of this Act takes effect only if 2001 Iowa Acts, 15 35 Senate File 499 is enacted. 15 36 DIVISION VII 15 37 CORRECTIVE AMENDMENTS 15 38 Sec. 53. Section 103A.3, subsections 10, 11, 20, 15 39 and 25, Code 2001, are amended to read as follows: 15 40 10. "Ground anchoring system" means any device or 15 41 combination of devices used to securely anchor a 15 42 manufactured or mobile home to the ground. 15 43 11. "Ground support system" means any device or 15 44 combination of devices placed beneath a manufactured 15 45 or mobile home and used to provide support. 15 46 20. "Permanent site" means any lot or parcel of 15 47 land on which a manufactured or mobile home used as a 15 48 dwelling or place of business, is located for ninety 15 49 consecutive days except a construction site when the 15 50 manufactured or mobile home is used by a commercial 16 1 contractor as a construction office or storage room. 16 2 25. "Tiedown system" means a ground support system 16 3 and a ground anchoring system used in concert to 16 4 provide anchoring and support for a manufactured or 16 5 mobile home. 16 6 Sec. 54. Section 103A.26, Code 2001, if enacted by 16 7 2001 Iowa Acts, Senate File 185, section 4, is amended 16 8 to read as follows: 16 9 103A.26 MANUFACTURED OR MOBILE HOME INSTALLERS 16 10 CERTIFICATION – VIOLATION – CIVIL PENALTY. 16 11 1. a. A person who installs a manufactured or 16 12 mobile home for another person shall be certified in 16 13 accordance with rules adopted by the commissioner 16 14 pursuant to chapter 17A. The commissioner may assess 16 15 a fee sufficient to recover the costs of administering 16 16 the certification of manufactured or mobile home 16 17 installers. The commissioner may suspend or revoke 16 18 the certification of a manufactured or mobile home 16 19 installer for failure to perform installation of a 16 20 manufactured or mobile home, pursuant to certification 16 21 standards as provided by rules of the commissioner. 16 22 b. Notwithstanding section 103A.23, all fees 16 23 collected by the commissioner for the administration 16 24 of the manufactured or mobile home program shall be 16 25 credited to the general fund of the state and are 16 26 appropriated to the commissioner for the purpose of 16 27 administering this certification program including the 16 28 employment of personnel for the enforcement and 16 29 administration of this program. 16 30 2. If a provision of this chapter or a rule 16 31 adopted pursuant to this chapter relating to the 16 32 manufacture or installation of a manufactured or 16 33 mobile home is violated, the commissioner may assess a 16 34 civil penalty not to exceed one thousand dollars for 16 35 each offense. Each violation involving a separate 16 36 manufactured or mobile home, or a separate failure or 16 37 refusal to allow an act to be performed or to perform 16 38 an act as required by this chapter, or a rule adopted 16 39 pursuant to this chapter constitutes a separate 16 40 offense. However, the maximum amount of civil 16 41 penalties which may be assessed for any series of 16 42 violations occurring within one year from the date of 16 43 the first violation shall not exceed one million 16 44 dollars. 16 45 Sec. 55. Section 165A.5, subsection 1, as enacted 16 46 by 2001 Iowa Acts, Senate File 209, section 5, is 16 47 amended to read as follows: 16 48 1.Except as provided in this subsection, aA 16 49 person violating a provision of this chapter or any 16 50 rule adopted pursuant to this chapter shall be subject 17 1 to a civil penalty of at least one hundred dollars but 17 2 not more than one thousand dollars. The proceeding to 17 3 assess a civil penalty shall be conducted as a 17 4 contested case proceeding under chapter 17A. 17 5 Sec. 56. Section 172E.1, subsection 3, as enacted 17 6 by 2001 Iowa Acts, Senate File 209, section 6, is 17 7 amended to read as follows: 17 8 3. "Livestock market" means any place where 17 9 livestock are assembled from two or more sources for 17 10 public auction, private sale, or sale on a commission 17 11 basis, which is under state or federal supervision, 17 12 including a livestock auction market, if such 17 13 livestock are kept in the place for ten days or less. 17 14 Sec. 57. Section 232.21, subsection 4, Code 2001, 17 15 as amended by 2001 Acts, Senate File 458, section 5, 17 16 if enacted, is amended to read as follows: 17 17 4. A child placed in a shelter care facility under 17 18 this section shall not be held for a period in excess 17 19 of forty-eight hours without an oral or written court 17 20 order authorizing the shelter care. When the action 17 21 is authorized by an oral court order, the court shall 17 22 enter a written order before the end of the next day 17 23 confirming the oral order and indicating the reasons 17 24 for the order. A child placed in shelter care 17 25 pursuant to section 232.19, subsection 1, paragraph 17 26 "c", shall not be held in excess of seventy-two hours 17 27 in any event. If deemed appropriate by the court, an 17 28 order authorizing shelter care placement may include a 17 29 determination that continuation of the child in the 17 30 child's home is contrary to the child's welfare and 17 31 that reasonable efforts as defined in section 232.57 17 32 have been made. The inclusion of such a determination 17 33 shall not under any circumstances be deemed a 17 34 prerequisite for entering an order pursuant to this 17 35 section. However, the inclusion of such afinding17 36 determination, supported by the record, may assist the 17 37 department in obtaining federal funding for the 17 38 child's placement. 17 39 Sec. 58. Section 321.113, subsection 5, paragraph 17 40 b, unnumbered paragraph 1, if enacted by 2001 Iowa 17 41 Acts, Senate File 350, section 4, is amended to read 17 42 as follows: 17 43 If the title of a 1993 model year or older motor 17 44 vehicle is transferred to a new owner or if such a 17 45 motor vehicle is brought into the state on or after 17 46 January 1, 2002, the registration fee shall not be 17 47 based on the weight and list price of the motor 17 48 vehicle, but shall be as follows: 17 49 Sec. 59. Section 322B.2, subsection 4, if enacted 17 50 by 2001 Iowa Acts, House File 656, section 2, is 18 1 amended to read as follows: 18 2 4. "Manufactured or mobile home distributor" means 18 3 a person who sells or distributes manufactured or 18 4 mobile homes to manufactured or mobile home retailers. 18 5 Sec. 60. Section 331.303, subsection 1, paragraph 18 6 b, Code 2001, as amended by 2001 Iowa Acts, Senate 18 7 File 453, section 1, is amended to read as follows: 18 8 b. A "warrant book" which records each warrant 18 9 drawn in the order of issuance by number, date, 18 10 amount, and name of drawee, and refers to the order in 18 11 the minute book authorizing its drawing. The board 18 12 may authorize the auditor to issue checks in lieu of 18 13 warrants. If the issuance of checks is authorized, 18 14 the word "check" shall be substituted for the word 18 15 "warrant" in those sections of this chapter and 18 16 chapters6B.116B, 11, 35B, 336, 349, 350, 427B, and 18 17 468 in which the issuance of a check is authorized in 18 18 lieu of a warrant. 18 19 Sec. 61. Section 351.39, Code 2001, as amended by 18 20 2001 Iowa Acts, House File 179, section 1, is amended 18 21 to read as follows: 18 22 351.39 CONFINEMENT. 18 23 If a local board of health receives information 18 24 that an animal has bitten a person or that a dog or 18 25 animal is suspected of having rabies, the board shall 18 26 order the owner to confine such animal in the manner 18 27 it directs. If the owner fails to confine such animal 18 28 in the manner directed, the animal shall be 18 29 apprehended and impounded by such board, and after ten 18 30 days the board may humanely destroy the animal. If 18 31 such animal is returned to its owner, the owner shall 18 32 pay the cost of impoundment. This section shall not 18 33 applytoif a police service dog or a horse used by a 18 34 law enforcement agency, that isand acting in the 18 35 performance of its dutieswhichhas bitten a person. 18 36 Sec. 62. Section 466.8, unnumbered paragraph 1, as 18 37 enacted by 2001 Iowa Acts, Senate File 479, section 2, 18 38 is amended to read as follows: 18 39 The department of natural resources shall establish 18 40 an on-site wastewater systems assistance program for 18 41 the purpose of providing low-interest loans to 18 42 homeowners residing outside the boundaries of a city 18 43 for improving on-site wastewater disposal systems. 18 44 Sec. 63. Section 466.8, subsection 4, as enacted 18 45 by 2001 Iowa Acts, Senate File 479, section 2, is 18 46 amended to read as follows: 18 47 4. The department shall report to the general 18 48 assembly annually on the progress of the on-site 18 49 wastewater systems assistance program. 18 50 Sec. 64. Section 507B.4A, subsection 2, paragraph 19 1 c, as enacted by 2001 Iowa Acts, Senate File 500, 19 2 section 8, is amended to read as follows: 19 3 c. The commissioner shall adopt rules establishing 19 4 processes for timely adjudication and payment of 19 5 claims by insurers for health care benefits. The 19 6 rules shall be consistent with the time frames and 19 7 other procedural standards for claims decisions by 19 8 group health plans established by the United States 19 9 department of labor pursuant to 29 C.F.R. pt. 2560 in 19 10 effectat the time of passage of this Acton January 19 11 1, 2002. 19 12 Sec. 65. Section 522B.14, subsection 11, as 19 13 enacted by 2001 Iowa Acts, Senate File 276, section 19 14 28, is amended to read as follows: 19 15 11. An insurer, the authorized representative of 19 16 the insurer, or an insurance producer that fails to 19 17 report as required under this section, or that is 19 18 found to have reported with actual malice by a court 19 19 of competent jurisdiction, after notice and hearing, 19 20 may have its license or certificate of authority 19 21 suspended or revoked and may befinedpenalized as 19 22 provided in section 522B.17. 19 23 Sec. 66. Section 523A.401, subsection 5, paragraph 19 24 c, if enacted by 2001 Iowa Acts, Senate File 473, 19 25 section 28, is amended to read as follows: 19 26 c. The policy shall have an increasing death 19 27 benefit or similar feature that provides some means 19 28 for increasing the funding as the cost of cemetery 19 29 merchandise, funeral merchandise, andcemetery goods19 30andfuneral services increases. 19 31 Sec. 67. Section 523A.405, subsection 1, if 19 32 enacted by 2001 Iowa Acts, Senate File 473, section 19 33 32, is amended to read as follows: 19 34 1. In lieu of trust requirements, a seller may 19 35 file with the commissioner a surety bond issued by a 19 36 surety company authorized to do business and doing 19 37 business within this state. The bond must be 19 38 conditioned upon the seller's faithful performance of 19 39 purchase agreements subject to this chapter. The 19 40 surety's liability extends to each such agreement 19 41 executed while the bond is in force and until 19 42 performance or recision of the purchase agreement. 19 43 The aggregate liability of the surety for any and all 19 44 breaches of the conditions of the bond shall not 19 45 exceed the penal sum of the bond. To the extent 19 46 expressly agreed to in writing by the surety, the 19 47 surety's liability extends to each such agreement 19 48 subject to this chapter executed prior to the time the 19 49 bond was in force and until performance or recision of 19 50 the agreement. A purchaser aggrieved by a breach of a 20 1 condition of the bond covering the purchaser's 20 2 agreement may maintain an action against the bond. 20 3 If, at the time of the breach, the purchaser is aware 20 4 of the purchaser's rights under the bond and how to 20 5 file a claim against the bond, the surety shall not be 20 6 liable for any breach of condition unless the surety 20 7 receives notice of a claim within sixty days following 20 8 discovery of the acts, omissions, or conditions 20 9 constituting the breach of condition, except as 20 10 otherwise provided in this section. A surety bond 20 11 shall not be canceled by a surety except upon a 20 12 written notice of cancellation given by the surety to 20 13 the commissioner by restricted certified mail, and not 20 14 prior to the expiration of sixty days after receipt of 20 15 the notice by the commissioner. The surety's 20 16 liability shall extend to each purchase agreement 20 17 subject to this chapter executed prior to cancellation 20 18 of the surety bond until the seller has complied with 20 19sectionsubsection 3. 20 20 Sec. 68. Section 554.9525, subsections 3 and 4, as 20 21 enacted by 2000 Iowa Acts, chapter 1149, section 96, 20 22 are amended to read as follows: 20 233.2. NUMBER OF NAMES. The number of names 20 24 required to be indexed does not affect the amount of 20 25 the fee insubsectionssubsection 1and 2. 20 264.3. RESPONSE TO INFORMATION REQUEST. A ruleor20 27ordinanceadopted pursuant to subsection 1 must set 20 28 the fee for responding to a request for information 20 29 from the filing office, including for communicating 20 30 whether there is on file any financing statement 20 31 naming a particular debtor. A fee for responding to a 20 32 request communicated in writing must be not less than 20 33 twice the amount of the fee for responding to a 20 34 request communicated by another medium authorized by 20 35 the office of secretary of state or the board of 20 36 supervisors for the filing office where its filing 20 37 office is located. 20 38 Sec. 69. Section 558.39, unnumbered paragraph 1, 20 39 Code 2001, as amended by 2001 Iowa Acts, House File 20 40 259, is amended to read as follows: 20 41 The following forms of acknowledgment shall be 20 42 sufficient in the cases to which they are respectively 20 43 applicable. In each case where one of these forms is 20 44 used, the name of the state and county where the 20 45 acknowledgment is taken shall precede the body of the 20 46 certificate, and the signature and official title of 20 47 the officer shall follow it as indicated in the first 20 48 form and shall constitute a part of the certificate, 20 49 and the stamp or seal of the officer shall be attached 20 50 when necessary under the provision of this chapter and 21 1 as provided in section9E.69E.6A. No certificate of 21 2 acknowledgment shall be held to be defective on 21 3 account of the failure to show the official title of 21 4 the officer making the certificate if such title 21 5 appears either in the body of such certificate or in 21 6 connection therewith, or with the signature thereto. 21 7 Sec. 70. Section 627.6, subsection 8, paragraph f, 21 8 subparagraph (3), Code 2001, as amended by 2001 Iowa 21 9 Acts, House File 654, section 3, if enacted, is 21 10 amended to read as follows: 21 11 (3) For simplified employee pension plans, self- 21 12 employed pension plans (also known as Keogh plans or 21 13 H.R. 10 plans), individual retirement accounts 21 14 established under section 408(a) of the Internal 21 15 Revenue Code, individual retirement annuities 21 16 established under section 408(b) of the Internal 21 17 Revenue Code, savings incentive matched plans for 21 18 employees, salary reduction simplified employee 21 19 pension plans (also known as SARSEPs), and similar 21 20 plans for retirement investments authorized in the 21 21 future under federal law, the exemption for 21 22 contributions shall not exceed, for each tax year of 21 23 contributions, the actual amount of the contribution 21 24 deductedfor individual retirement accounts and21 25annuities established under section 408 of the21 26Internal Revenue Code or the maximum amount which21 27could be contributed and deducted in the tax year of21 28the contributionon the debtor's tax return or the 21 29 maximum amount which could be contributed to an 21 30 individual retirement account established under 21 31 section 408(a) of the Internal Revenue Code and 21 32 deducted in the tax year of the contribution, 21 33 whichever is less. The exemption for accumulated 21 34 earnings and market increases in value of plans under 21 35 this subparagraph shall be limited to an amount 21 36 determined by multiplying all the accumulated earnings 21 37 and market increases in value by a fraction, the 21 38 numerator of which is the total amount of exempt 21 39 contributions as determined by this subparagraph, and 21 40 the denominator of which is the total of exempt and 21 41 nonexempt contributions to the plan. 21 42 Sec. 71. Section 633.4213, subsection 5, Code 21 43 2001, is amended to read as follows: 21 44 5. A trustee shall prepare and send to the 21 45 beneficiaries an account of the trust property, 21 46 liabilities, receipts, and disbursements at least 21 47 annually, at the termination of the trust, and upon a 21 48 change of a trustee. An accounting on behalf of a 21 49 former trustee shall be prepared by the former 21 50 trustee, or if the trustee's appointment is terminated 22 1 by reason of death or incapacity, by the former 22 2 trustee's personal representative or guardian or 22 3 conservator. 22 4 Sec. 72. Section 702.11, subsection 2, paragraph 22 5 e, as enacted by 2001 Iowa Acts, Senate File 63, 22 6 section 1, is amended to read as follows: 22 7 e. Child endangerment resulting in bodily injury 22 8 to a child or a minor in violation of section 726.6, 22 9 subsection 2A. 22 10 Sec. 73. 2001 Iowa Acts, House File 656, section 22 11 15, is amended to read as follows: 22 12 SEC. 15. Sections103A.3,103A.30, 103A.31, 321.1, 22 13 321.47, 321.123, 321.251, 321.284A, 321.457, 321E.28, 22 14 321E.31, 331.429, 331.653, 422.43, 422A.1, 425.17, 22 15 426A.11, 427.11, 435.22, 441.17, 445.1, 445.36A, 22 16 445.37, 445.38, 515C.1, 534.605, 562B.2, 562B.13, 22 17 631.1, 631.4, and 648.3, Code 2001, are amended by 22 18 inserting before the words "mobile home" the words 22 19 "manufactured or". 22 20 Sec. 74. DIRECTION TO CODE EDITOR. In codifying 22 21 provisions of 2000 Iowa Acts, chapter 1149, in Code 22 22 Supplement 2001, the Code editor may change references 22 23 from "this Act" to an appropriate reference, including 22 24 but not limited to "this Article", wherever it appears 22 25 in the Act, after consultation with the Iowa state bar 22 26 association. The Iowa state bar association is 22 27 requested to respond to the Code editor's 22 28 consultations by no later than July 31, 2001. Nothing 22 29 in this section limits the authority of the Code 22 30 editor under section 2B.13. 22 31 Sec. 75. CONTINGENT EFFECTIVENESS. The sections 22 32 of this division of this Act amending Code section 22 33 103A.3 and Code section 103A.26, if enacted, and Code 22 34 section 322B.2, take effect only if 2001 Iowa Acts, 22 35 House File 656 is enacted." 22 36 22 37 22 38 22 39 JEFF LAMBERTI 22 40 SF 542.303 79 22 41 mg/cf
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