Text: SF00105 Text: SF00107 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 10.1, subsection 4, Code 2001, is 1 2 amended to read as follows: 1 3 4. "Commodity share landlord" means a natural person or a 1 4 general partnership as provided in chapter486486A in which 1 5 all partners are natural persons, who owns at least one 1 6 hundred fifty acres of agricultural land, if the owner 1 7 receives rent on a commodity share basis, which may be either 1 8 a share of the crops or livestock produced on the land. 1 9 Sec. 2. Section 10.1, subsection 19, paragraph b, Code 1 10 2001, is amended to read as follows: 1 11 b. A general partnership as provided in chapter486486A 1 12 in which all partners are natural persons actively engaged in 1 13 farming. 1 14 Sec. 3. Section 13B.4, subsection 1, Code 2001, is amended 1 15 to read as follows: 1 16 1. The state public defender shall coordinate the 1 17 provision of legal representation of all indigents under 1 18 arrest or charged with a crime, seeking postconviction relief, 1 19 against whom a contempt action is pending, in proceedings 1 20 under chapter 229A, in juvenile proceedings, on appeal in 1 21 criminal cases, on appeal in proceedings to obtain 1 22 postconviction relief when ordered to do so by the district 1 23 court in which the judgment or order was issued, and on a 1 24 reopening of a sentence proceeding, and may provide for the 1 25 representation of indigents in proceedings instituted pursuant 1 26 to chapter 908. The state public defender shall not engage in 1 27 the private practice of law. 1 28 Sec. 4. Section 13B.8, subsection 2, Code 2001, is amended 1 29 to read as follows: 1 30 2. The state public defender may appoint and may, for 1 31 cause, remove the local public defender, assistant local 1 32 public defenders, clerks, investigators, secretaries, or other 1 33 employeesfor cause. Each local public defender, and any 1 34 assistant local public defender, must be an attorney admitted 1 35 to the practice of law before the Iowa supreme court. 2 1 Sec. 5. Section 14B.101, Code 2001, is amended by adding 2 2 the following new subsection: 2 3 NEW SUBSECTION. 1A. "Department" means the information 2 4 technology department. 2 5 Sec. 6. Section 14B.105, subsection 1, paragraph b, 2 6 unnumbered paragraph 1, Code 2001, is amended to read as 2 7 follows: 2 8 The members appointedby the governorpursuant to paragraph 2 9 "a", subparagraphs (3) through (7), shall serve four-year 2 10 staggered termsas designated by the governorand such 2 11 appointments to the information technology council are subject 2 12 to the requirements of sections 69.16, 69.16A, and 69.19. The 2 13 four-year terms of members appointed by the governor shall be 2 14 staggered as designated by the governor. Members appointedby2 15the governorpursuant to paragraph "a", subparagraphs (3) 2 16 through (7), shall not serve consecutive four-year terms. 2 17 Members appointed by the governor are subject to senate 2 18 confirmation andshall be reimbursed for actual and necessary2 19expenses incurred in performance of their duties. Such2 20membersmay also be eligible to receive compensation as 2 21 provided in section 7E.6. Members shall be reimbursed for 2 22 actual and necessary expenses incurred in performance of the 2 23 members' duties. 2 24 Sec. 7. Section 15E.195, subsection 2, unnumbered 2 25 paragraph 1, Code 2001, is amended to read as follows: 2 26 A city with a population of twenty-four thousand or more 2 27 which designates an enterprise zone pursuant to section 2 28 15E.194, subsection 2, and in which an eligible enterprise 2 29 zone is certified shall establish an enterprise zone 2 30 commission to review applications from qualified businesses 2 31 located within or requesting to locate within an enterprise 2 32 zone to receive incentives or assistance as provided in 2 33 section 15E.196. The commission shall consist of nine 2 34 members. Six of these members shall consist of one 2 35 representative of an international labor organization, one 3 1 member with economic development expertise chosen by the 3 2 department of economic development, one representative of the 3 3 city council, one member of the local community college board 3 4 of directors, one member of the city planning and zoning 3 5 commission, and one representative of the local workforce 3 6 development center. These six members shall select the 3 7 remaining three members. If the enterprise zone consists of 3 8 an area meeting the requirements for eligibility for an urban 3 9 enterprise community under Title XIII of the federal Omnibus 3 10 Budget Reconciliation Act of 1993, one of the remaining three 3 11 members shall be a representative of that community. If a 3 12 city contiguous to the city designating the enterprise zone is 3 13 included in an enterprise zone, a representative of the 3 14 contiguous city, chosen by the city council, shall be a member 3 15 of the commission. A city in which an eligible enterprise 3 16 zone is certified shall have only one enterprise zone 3 17 commission. If a city has established an enterprise zone 3 18 commission prior tothe effective date of this ActJuly 1, 3 19 1998, the city may petition to the department of economic 3 20 development to change the structure of the existing 3 21 commission. 3 22 Sec. 8. Section 29A.17, unnumbered paragraph 1, Code 2001, 3 23 is amended to read as follows: 3 24 The military staff of the governor shall consist of the 3 25 adjutant general, who shall be the chief of staff; the deputy 3 26 adjutants general, who shall be the assistant chiefs of staff; 3 27 andtheany aides, who shall be residents of the state, as the 3 28 governor may appoint or detail from the armed forces of the 3 29 state. 3 30 Sec. 9. Section 29A.66, Code 2001, is amended to read as 3 31 follows: 3 32 29A.66 APPLICABLE POWERS AND DUTIES. 3 33 The powers and duties of the governor, the adjutant 3 34 general, and the deputy adjutants general, with relation to 3 35 the Iowa state guard, shall be the same as those powers and 4 1 duties prescribed in this chapter forthethose officers with 4 2 relation to the national guard. 4 3 Sec. 10. Section 48A.31, Code 2001, is amended to read as 4 4 follows: 4 5 48A.31 DECEASED PERSONS RECORD. 4 6 The state registrar of vital statistics shall transmit or 4 7 cause to be transmitted to the state registrar of voters, once 4 8 each calendar quarter, a certified list of all persons 4 9 seventeen and one-half years of age and older in the state 4 10 whose deaths have been reported to the bureau of vital records 4 11and statistics divisionof the Iowa department of public 4 12 health since the previous list of decedents was certified to 4 13 the state registrar of voters. The list shall be submitted 4 14 according to the specifications of the state registrar of 4 15 voters, who shall determine whether each listed decedent was 4 16 registered to vote in this state. If the decedent was 4 17 registered in a county which uses its own data processing 4 18 facilities for voter registration recordkeeping, the registrar 4 19 shall notify the commissioner in that county who shall cancel 4 20 the decedent's registration. If the decedent was registered 4 21 in a county for which voter registration recordkeeping is 4 22 performed under contract by the registrar, the registrar shall 4 23 immediately cancel the registration and notify the 4 24 commissioner of the county in which the decedent was 4 25 registered to vote of the cancellation. 4 26 Sec. 11. Section 56.2, subsection 14, paragraph c, Code 4 27 2001, is amended by striking the paragraph. 4 28 Sec. 12. Section 56.14, subsection 2, paragraph a, Code 4 29 2001, is amended by striking the paragraph. 4 30 Sec. 13. Section 97B.50A, subsection 7, paragraph b, 4 31 subparagraph (4), Code 2001, is amended to read as follows: 4 32 (4) This paragraph does not apply to a member who is at 4 33 least fifty-five years of age and would have completed a 4 34 sufficient number of years of service if the member had 4 35 remained in active special service employment. For purposes 5 1 of this subparagraph, a sufficient number of years of service 5 2 shall betwenty-fivethe applicable years of service for a 5 3 special service member as described in section 97B.49B or 5 4 twenty-two for a special service member as described in 5 5 section 97B.49C. 5 6 Sec. 14. Section 101.22, subsection 4, Code 2001, is 5 7 amended to read as follows: 5 8 4. The registration notice of the owner or operator to the 5 9 state fire marshal under subsections 1 through 3 shall be 5 10 accompanied byaan annual fee of ten dollars for each tank 5 11 included in the notice. All moneys collected shall be 5 12 retained by the department of public safety and are 5 13 appropriated for the use of the state fire marshal. The 5 14 annual renewal fee applies to all owners or operators who 5 15 filed a registration notice with the state fire marshal 5 16 pursuant to subsections 1 through 3. 5 17 Sec. 15. Section 123.39, subsection 1, paragraph a, Code 5 18 2001, is amended to read as follows: 5 19 a. The administrator or the local authority may suspend a 5 20 license or permit issued pursuant tothethis chapter for a 5 21 period not to exceed one year, revoke the license or permit, 5 22 or impose a civil penalty not to exceed one thousand dollars 5 23 per violation. Before suspension, revocation, or imposition 5 24 of a civil penalty, the license or permit holder shall be 5 25 given written notice and an opportunity for a hearing. The 5 26 administrator may appoint a member of the division or may 5 27 request an administrative law judge from the department of 5 28 inspections and appeals to conduct the hearing and issue a 5 29 proposed decision. Upon the motion of a party to the hearing 5 30 or upon the administrator's own motion, the administrator may 5 31 review the proposed decision in accordance with chapter 17A. 5 32 Upon review of the proposed decision, the administrator may 5 33 affirm, reverse, or modify the proposed decision. A licensee 5 34 or permittee aggrieved by a decision of the administrator may 5 35 seek judicial review of the administrator's decision in 6 1 accordance with chapter 17A. 6 2 Sec. 16. Section 135.43, subsection 5, paragraph d, Code 6 3 2001, is amended to read as follows: 6 4 d. The administrator of thedivisionbureau of vital 6 5 records of the Iowa department of public health. 6 6 Sec. 17. Section 135.43, subsection 7, paragraph b, Code 6 7 2001, is amended to read as follows: 6 8 b. A person in possession or control of medical, 6 9 investigative, assessment, or other information pertaining to 6 10 a child death and child abuse review shall allow the 6 11 inspection and reproduction of the information by the 6 12 department upon the request of the department, to be used only 6 13 in the administration and for the duties of the Iowa child 6 14 death review team. Except as provided for a report on a child 6 15 fatality by an ad hoc child fatality review committee under 6 16 subsection 4and, information and records produced under this 6 17 section which are confidential under section 22.7 and chapter 6 18 235A, and information or records received from the 6 19 confidential records, remain confidential under this section. 6 20 A person does not incur legal liability by reason of releasing 6 21 information to the department as required under and in 6 22 compliance with this section. 6 23 Sec. 18. Section 135.110, subsection 2, Code 2001, is 6 24 amended to read as follows: 6 25 2. In performing duties pursuant to subsection 1, the 6 26 review team shall review the relationship between the decedent 6 27 victim and the alleged or convicted perpetrator from the point 6 28 where the abuse allegedly began, until the domestic abuse 6 29 death occurred, and shall review all relevant documents 6 30 pertaining to the relationship between the parties, including 6 31 but not limited to protective orders and dissolution, custody, 6 32 and support agreements and related court records, in order to 6 33 ascertain whether a correlation exists between certain events 6 34 in the relationship and any escalation of abuse, and whether 6 35 patterns can be established regarding such events in relation 7 1 to domestic abuse deaths in general. The review team shall 7 2 consider such conclusions in making recommendations pursuant 7 3 to subsection 1. 7 4 Sec. 19. Section 137C.7, Code 2001, is amended to read as 7 5 follows: 7 6 137C.7 LICENSE REQUIRED. 7 7 No person shall open or operate a hotel until a license has 7 8 been obtained from the regulatory authority and until the 7 9 hotel has been inspected by the regulatory authority.A7 10license issued by the department of agriculture prior to7 11January 1, 1979 shall be valid until its expiration date. An7 12inspection conducted by the department of agriculture prior to7 13January 1, 1979 shall be valid for purposes of this section.7 14 Each license shall expire one year from date of issue. A 7 15 license is renewable. All licenses issued under the Iowa 7 16 hotel sanitation code that are not renewed by the licensee on 7 17 or before the expiration date shall be subject to a penalty of 7 18 ten percent of the license fee if the license is renewed at a 7 19 later date. A license is not transferable. 7 20 Sec. 20. Section 139A.10, Code 2001, is amended to read as 7 21 follows: 7 22 139A.10 FEES FOR REMOVING. 7 23 The officers designatedby the magistrateshall receive 7 24 reasonable compensation for their services as determined by 7 25 the local board. The amount determined shall be certified and 7 26 paid in the same manner as other expenses incurred under this 7 27 chapter. 7 28 Sec. 21. Section 139A.30, Code 2001, is amended to read as 7 29 follows: 7 30 139A.30 CONFIDENTIAL REPORTS. 7 31 Reports to the department which include the identity of 7 32 persons infected with a sexually transmitted disease or 7 33 infection, and all such related information, records, and 7 34 reports concerning the person, shall be confidential and shall 7 35 not be accessible to the public. However, such reports, 8 1 information, and records shall be confidential only to the 8 2 extent necessary to prevent identification of persons named in 8 3 such reports, information, and records; the other parts of 8 4 such reports, information, and records shall be public 8 5 records. The preceding sentence shall prevail over any 8 6 inconsistent provision of thischaptersubchapter. 8 7 Sec. 22. Section 159.10, subsection 1, Code 2001, is 8 8 amended to read as follows: 8 9 1. The state fair board, the county and district fair 8 10 societies,the farmers institutes and short courses,and the 8 11 farm aid associations. 8 12 Sec. 23. Section 161.2, subsection 4, Code 2001, is 8 13 amended to read as follows: 8 14 4. "Board" means the agrichemical remediation 8 15reimbursementboard created under section 161.3. 8 16 Sec. 24. Section 161.2, subsection 9, unnumbered paragraph 8 17 1, Code 2001, is amended to read as follows: 8 18 "Fertilizer site" means a place where containers used for 8 19 storing or mixing a fertilizer are located, if any of the 8 20 following apply: 8 21 Sec. 25. Section 161.2, subsection 14, Code 2001, is 8 22 amended by striking the subsection. 8 23 Sec. 26. Section 161.6, subsection 4, paragraph a, Code 8 24 2001, is amended to read as follows: 8 25 a. For a high priority site, soil and groundwater site 8 26 cleanup shall include activeremediationsite cleanup where 8 27 technically feasible, until such time as the groundwater 8 28 contamination levels are below action levels. 8 29 Sec. 27. Section 161.8, subsection 3, paragraph b, 8 30 subparagraph (1), Code 2001, is amended to read as follows: 8 31 (1) The responsible person performed reasonable measures 8 32 necessary for the immediate abatement of anyprohibited8 33releasecontamination. 8 34 Sec. 28. Section 166D.7, subsection 1, paragraph a, Code 8 35 2001, is amended to read as follows: 9 1 a. The herd shall be certified when all breeding swine 9 2 have reacted negatively to a test. The herd must have been 9 3 free from infection for thirty days prior to testing. At 9 4 least ninety percent of swine in the herd must have been on 9 5 the premises as a part of the herd for at least sixty days 9 6 prior to testing, or swine in the herd must have been moved or 9 7 relocated directly from another qualified negative herd. To 9 8 remain certified, the herd must be retested and recertified 9 9 each month as provided by the department. The herd shall be 9 10 recertified wheneach monththe greater of five head of swine 9 11 or at least ten percent of the herd's breeding swine react 9 12 negatively to a test. 9 13 Sec. 29. Section 166D.10, subsection 1, paragraph c, Code 9 14 2001, is amended to read as follows: 9 15 c. A person transfers ownership of all or part of a herd, 9 16 if the herd remains on the same premises. However, the herd 9 17 must be tested by statistical sampling. If any part of the 9 18 herd is subsequently moved or relocated, the swine must be 9 19 moved or relocated in accordance with this section and 9 20 sections 166D.7, 166D.8, and166D.9166D.10A. 9 21 Sec. 30. Section 166D.10B, subsection 1, unnumbered 9 22 paragraph 1, Code 2001, is amended to read as follows: 9 23 A person shall not maintain swine other than feederswine9 24 pigs or cull swine at an approved premises. 9 25 Sec. 31. Section 183A.7, unnumbered paragraph 3, Code 9 26 2001, is amended to read as follows: 9 27 From the moneys collected, deposited, and transferred to 9 28 the council as provided in this chapter, the council shall 9 29 first pay the costs of referendums held pursuant to this 9 30 chapter. Of the moneys remaining,at least ten percent shall9 31be remitted to the national livestock and meat board and the9 32pork industry group;at least twenty-five percent shall be 9 33 remitted to the national pork producers council;and at least 9 34 fifteen percent shall be remitted to the Iowa pork producers 9 35 association, in the proportion the committee determines, for 10 1 use by recipients in a manner not inconsistent with market 10 2 development as defined in section 183A.1. Moneys remaining 10 3 shall be spent as found necessary by the council to further 10 4 carry out the provisions and purposes of this chapter. 10 5 Sec. 32. Section 202A.1, subsection 3, Code 2001, is 10 6 amended to read as follows: 10 7 3. "Packer" means a person who is engaged in the business 10 8 of slaughtering livestock or receiving, purchasing, or 10 9 soliciting livestock for slaughter, if the meat products of 10 10 the slaughtered livestock which are directly or indirectly to 10 11 be offered for resale or for public consumption have a total 10 12 annual value of ten million dollars or more. As used in this 10 13 chapter, "packer" includes an agent of the packer engaged in 10 14 buying or soliciting livestock for slaughter on behalf of a 10 15 packer."Packer" does not include a frozen food locker plant10 16regulated under chapter 172.10 17 Sec. 33. Section 207.22, subsection 3, paragraph b, Code 10 18 2001, is amended to read as follows: 10 19 b. Acquisition of coal refuse disposal sites and all coal 10 20 refuse thereon will serve the purposes of title IV of Pub. L. 10 21 No. 95-87 or that public ownership is desirable to meet 10 22 emergency situations and prevent recurrences of the adverse 10 23 effect of past coal mining practices. 10 24 Sec. 34. Section 216A.102, subsection 1, Code 2001, is 10 25 amended to read as follows: 10 26 1. An energy crisis fund is created in the state treasury. 10 27 Moneys deposited in the fund shall be used to assist low- 10 28 income families who qualify for the low-incomeheatinghome 10 29 energy assistance program to avoid loss of essential heating. 10 30 Sec. 35. Section 232.141, subsection 3, paragraphs c and 10 31 d, Code 2001, are amended to read as follows: 10 32 c. Costs incurred for compensation of an attorney 10 33 appointed by the court to serve as counsel to any party or as 10 34 guardian ad litem for any child shall bemadepaid in 10 35 accordance with sections 13B.4 and 815.7. 11 1 d. Costs incurred under subsection 2 shall be paid by the 11 2 state. The county shall be required to reimburse the indigent 11 3 defense fund for costs incurred by the state up to the 11 4 county's base in subsection23. 11 5 Sec. 36. Section 256D.1, subsection 1, paragraph b, 11 6 unnumbered paragraph 1, Code 2001, is amended to read as 11 7 follows: 11 8 The department of education shall identify diagnostic 11 9 assessment tools that can be used to assist teachers in 11 10 measuring reading accuracy and fluency skills, including but 11 11 not limited to, phonemic awareness, oral reading ability, and 11 12comprehensivecomprehension skills, to improve student 11 13 achievement in kindergarten through grade three. The 11 14 department, in collaboration with the area education agencies, 11 15 school districts, and institutions with approved practitioner 11 16 preparation programs, shall identify and serve as a 11 17 clearinghouse on intensive, research-based strategies and 11 18 programs for training teachers in both diagnosis and 11 19 appropriate instruction interventions. 11 20 Sec. 37. Section 272C.3, subsection 2, paragraph a, Code 11 21 2001, is amended to read as follows: 11 22 a. Revoke a license, or suspend a license either until 11 23 further order of the board or for a specified period, upon any 11 24 of the grounds specified in section 147.55, 148.6, 148B.7, 11 25 152.10, 153.34, 154A.24, 169.13, 455B.219, 542B.21, 542C.21, 11 26 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151, 155, 11 27 507B or 522, as applicable, or upon any other grounds 11 28 specifically provided for in this chapter for revocation of 11 29 the license of a licensee subject to the jurisdiction of that 11 30 board, or upon failure of the licensee to comply with a 11 31 decision of the board imposing licensee discipline; 11 32 Sec. 38. Section 272C.4, subsection 6, Code 2001, is 11 33 amended to read as follows: 11 34 6. Define by rule acts or omissions which are grounds for 11 35 revocation or suspension of a license under section 147.55, 12 1 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13,455B.19112 2 455B.219, 542B.21, 542C.21, 543B.29, 544A.13, 544B.15, or 12 3 602.3203 or chapter 151, 155, 507B or 522, as applicable, and 12 4 to define by rule acts or omissions which constitute 12 5 negligence, careless acts or omissions within the meaning of 12 6 section 272C.3, subsection 2, paragraph "b", which licensees 12 7 are required to report to the board pursuant to section 12 8 272C.9, subsection 2; 12 9 Sec. 39. Section 303.86, Code 2001, is amended to read as 12 10 follows: 12 11 303.86 ARTS COUNCIL. 12 12 The Iowastatearts council is created as an advisory 12 13 council, consisting of fifteen members, appointed by the 12 14 governor from among citizens of Iowa who are recognized for 12 15 their interest or experience in connection with the performing 12 16 and fine arts. In making appointments, due consideration 12 17 shall be given to the recommendations made by representative 12 18 civic, educational, and professional associations and groups 12 19 concerned with or engaged in the production or presentation of 12 20 the performing and fine arts. 12 21 The term of office of each member of the Iowastatearts 12 22 council is three years. The governor shall designate a 12 23 chairperson and a vice chairperson from the members of the 12 24 council to serve at the pleasure of the governor. All 12 25 vacancies shall be filled for the balance of any unexpired 12 26 term in the same manner as original appointments. The members 12 27 of the council shall not receive compensation for their 12 28 services, but shall be reimbursed for their actual and 12 29 necessary expenses incurred in the performance of their duties 12 30 as members of the council. Members may also be eligible for 12 31 compensation as provided in section 7E.6. 12 32 Sec. 40. Section 321.219, unnumbered paragraph 1, Code 12 33 2001, is amended to read as follows: 12 34 A person shall not cause or knowingly permit the person's 12 35 child or ward under the age of eighteen years to drive a motor 13 1 vehicle upon any highway when the minor is not authorized 13 2 under thissection or in violation of thischapter. 13 3 Sec. 41. Section 321.279, subsection 1, Code 2001, is 13 4 amended to read as follows: 13 5 1. The driver of a motor vehicle commits a serious 13 6 misdemeanor if the driver willfully fails to bring the motor 13 7 vehicle to a stop or otherwise eludes or attempts to elude a 13 8 marked official law enforcement vehicle driven by a uniformed 13 9 peace officer after being given a visual and audible signal to 13 10 stop. The signal given by the peace officer shall be by 13 11 flashing red light, or by flashing red and blue lights, and 13 12 siren. For purposes of this section, "peace officer" means 13 13 those officers designated under section 801.4, subsection 11, 13 14 paragraphs "a", "b", "c", "g", and "h". 13 15 Sec. 42. Section 321.560, subsection 1, paragraph b, Code 13 16 2001, is amended to read as follows: 13 17 b. A temporary restricted permit may be issued pursuant to 13 18 section 321J.4, subsection 9, to a person declared to be a 13 19 habitual offender due to a combination of the offenses listed 13 20 under section 321.555, subsection 1, paragraph "b"orand "c". 13 21 Sec. 43. Section 321J.17, subsection 2, unnumbered 13 22 paragraph 2, Code 2001, is amended to read as follows: 13 23 The court or department may request that the community 13 24 college or substance abuse treatment providers licensed under 13 25 chapter 125 conducting the course for drinking driverswhich13 26 that the person is ordered to attend immediately report to the 13 27 court or department that the person has successfully completed 13 28 the course for drinking drivers. The court or department may 13 29 request that the treatment program which the person attends 13 30 periodically report on the defendant's attendance and 13 31 participation in the program, as well as the status of 13 32 treatment or rehabilitation. 13 33 Sec. 44. Section 322C.2, subsections 4 and 7, Code 2001, 13 34 are amended by striking the subsections. 13 35 Sec. 45. Section 331.424A, subsection 4, Code 2001, is 14 1 amended to read as follows: 14 2 4. For the fiscal year beginning July 1, 1996, and for 14 3 each subsequent fiscal year, the county shall certify a levy 14 4 for payment of services. For each fiscal year, county 14 5 revenues from taxes imposed by the county credited to the 14 6 services fund shall not exceed an amount equal to the amount 14 7 of base year expenditures for services as defined in section 14 8 331.438, less the amount of property tax relief to be received 14 9 pursuant to section 426B.2, in the fiscal year for which the 14 10 budget is certified. The county auditor and the board of 14 11 supervisors shall reduce the amount of the levy certified for 14 12 the services fund by the amount of property tax relief to be 14 13 received. A levy certified under this section is not subject 14 14 to the appeal provisions ofsectionssection 331.426and14 15444.25Bor to any other provision in law authorizing a county 14 16 to exceed, increase, or appeal a property tax levy limit. 14 17 Sec. 46. Section 331.424B, Code 2001, is amended to read 14 18 as follows: 14 19 331.424B CEMETERY LEVY. 14 20 The board may levy annually a tax not to exceed six and 14 21 three-fourths cents per thousand dollars of the assessed value 14 22 of all taxable property in the county to repair and maintain 14 23 all cemeteries under the jurisdiction of the board including 14 24 pioneer cemeteries and to pay other expenses of the board or 14 25 the cemetery commission as provided in section 331.325. The 14 26 proceeds of the tax levy shall be credited to the county 14 27 general fund.Sections 444.25A and 444.25B do not apply to14 28the property tax levied or expended for cemeteries pursuant to14 29section 331.325.14 30 Sec. 47. Section 331.756, subsection 5, Code 2001, is 14 31 amended to read as follows: 14 32 5. Enforce all forfeited bonds and recognizances and 14 33 prosecute all proceedings necessary for the recovery of debts, 14 34 revenues, moneys, fines, penalties, restitution of court- 14 35 appointed attorney feesorordered pursuant to section 815.9, 15 1 including the expense of a public defender, and forfeitures 15 2 accruing to the state, the county or a road district in the 15 3 county, and all suits in the county against public service 15 4 corporations which are brought in the name of the state. To 15 5 assist in this duty, the county attorney may procure 15 6 professional collection services provided by persons or 15 7 organizations, including private attorneys, which are 15 8 generally considered to have knowledge and special abilities 15 9 which are not generally available to state or local government 15 10 or may designate another county official or agency to assist 15 11 with collection efforts. 15 12 If professional collection services are procured, the 15 13 county attorney shall file with the clerk of the district 15 14 court an indication of the satisfaction of each obligation to 15 15 the full extent of all moneys collected in satisfaction of 15 16 that obligation, including all fees and compensation retained 15 17 by the collection service incident to the collection and not 15 18 paid into the office of the clerk. 15 19 Before a county attorney designates another county official 15 20 or agency to assist with collection of debts, revenues, 15 21 moneys, fines, penalties, restitution of court-appointed 15 22 attorney feesorordered pursuant to section 815.9, including 15 23 the expense of a public defender, and forfeitures, the board 15 24 of supervisors of the county must approve the designation. 15 25 All fines, penalties, court costs, fees, and restitution 15 26 for court-appointed attorney feesorordered pursuant to 15 27 section 815.9, including the expenses of a public defender 15 28 which are delinquent as defined in section 602.8107 may be 15 29 collected by the county attorney or the person procured or 15 30 designated by the county attorney. In order to receive a 15 31 percentage of the amounts collected pursuant to section 15 32 602.8107, the county attorney must file annually with the 15 33 clerk of the district court on or before July 1 a notice of 15 34 full commitment to collect delinquent obligations and must 15 35 file on the first day of each month a list of the cases in 16 1 which the county attorney or the person procured or designated 16 2 by the county attorney is pursuing the collection of 16 3 delinquent obligations. The annual notice shall contain a 16 4 list of procedures which will be initiated by the county 16 5 attorney. Amounts collected by the county attorney or the 16 6 person procured or designated by the county attorney shall be 16 7 distributed in accordance with section 602.8107. 16 8 Sec. 48. Section 403.6, subsection 17, Code 2001, is 16 9 amended to read as follows: 16 10 17. Subject to applicable state or federal regulations in 16 11 effect at the time of thecitymunicipal action, accept 16 12 contributions, grants, and other financial assistance from the 16 13 state or federal government to be used upon a finding of 16 14 public purpose for grants, loans, loan guarantees, interest 16 15 supplements, technical assistance, or other assistance as 16 16 necessary or appropriate to private persons for an urban 16 17 renewal project. 16 18 Sec. 49. Section 403.17, subsection 10, Code 2001, is 16 19 amended to read as follows: 16 20 10. "Economic development area" means an area of a 16 21 municipality designated by the local governing body as 16 22 appropriate for commercial and industrial enterprises, public 16 23 improvements related to housing and residential development, 16 24 or construction of housing and residential development for low 16 25 and moderate income families, including single or multifamily 16 26 housing. If an urban renewal plan for an urban renewal area 16 27 is based upon a finding that the area is an economic 16 28 development area and that no part contains slum or blighted 16 29 conditions, then the division of revenue provided in section 16 30 403.19 and stated in the plan shall be limited to twenty years 16 31 from the calendar year following the calendar year in which 16 32 thecitymunicipality first certifies to the county auditor 16 33 the amount of any loans, advances, indebtedness, or bonds 16 34 which qualify for payment from the division of revenue 16 35 provided in section 403.19. Such designated area shall not 17 1 include agricultural land, including land which is part of a 17 2 century farm, unless the owner of the agricultural land or 17 3 century farm agrees to include the agricultural land or 17 4 century farm in the urban renewal area. For the purposes of 17 5 this subsection, "century farm" means a farm in which at least 17 6 forty acres of such farm have been held in continuous 17 7 ownership by the same family for one hundred years or more. 17 8 Sec. 50. Section 404A.3, subsection 2, unnumbered 17 9 paragraph 1, Code 2001, is amended to read as follows: 17 10 The state historic preservation office shall establish 17 11 selection criteria and standards for rehabilitation projects 17 12 involving eligible property. The main emphasis of the 17 13 standards shall be to ensure that a rehabilitation project 17 14 maintains the integrity of the eligible property. To the 17 15 extent applicable, the standards shall be consistent with the 17 16 standards of the United States secretary of the interior for 17 17 rehabilitation of eligible property that is listed on the 17 18 national register of historic places or is designated as of 17 19 historic significance to a district listed in the national 17 20 register of historic places or shall be consistent with 17 21 standards for issuance of certificates ofappropriation17 22 appropriateness under sections 303.27 through 303.32. 17 23 Sec. 51. Section 422.4, subsection 2, paragraph c, Code 17 24 2001, is amended by striking the paragraph. 17 25 Sec. 52. Section 422.45, subsection 2, Code 2001, is 17 26 amended to read as follows: 17 27 2. The gross receipts from the sales, furnishing, or 17 28 service of transportation service except the rental of 17 29 recreational vehicles or recreational boats, except the rental 17 30 of motor vehicles subject to registration which are registered 17 31 for a gross weight of thirteen tons or less for a period of 17 32 sixty days or less, and except the rental of aircraft for a 17 33 period of sixty days or less. This exemption does not apply 17 34 to the transportation of electric energy. This exemption does 17 35 not apply to the transportation of natural gas. 18 1 Sec. 53. Section 422.45, subsection 24, unnumbered 18 2 paragraph 2, Code 2001, is amended by striking the unnumbered 18 3 paragraph. 18 4 Sec. 54. Section 422.52, subsection 4, Code 2001, is 18 5 amended to read as follows: 18 6 4. The tax by this division imposed upon those sales of 18 7 motor vehicle fuel which are subject to tax and refund under 18 8 chapter 452A shall be collected by thestate treasurer18 9 department by way of deduction from refunds otherwise 18 10 allowable under said chapter. The amount of such deductions 18 11 thetreasurerdepartment shall transfer from the motor vehicle 18 12 fuel fund to the special tax fund. 18 13 Sec. 55. Section 422B.1, subsection 6, paragraph b, Code 18 14 2001, is amended to read as follows: 18 15 b. Within ten days of the election at which a majority of 18 16 those voting on the question favors the imposition, repeal, or 18 17 change in the rate of a local option tax, the county auditor 18 18 shall give written notice of the result of the election by 18 19 sending a copy of the abstract of the votes from the favorable 18 20 election to the director of revenue and finance or, in the 18 21 case of a local vehicle tax, to the director of the department 18 22 of transportation, of the result of the election. 18 23 Sec. 56. Section 426B.1, subsection 2, paragraphs a and b, 18 24 Code 2001, are amended by striking the paragraphs. 18 25 Sec. 57. Section 427.2A, unnumbered paragraph 3, Code 18 26 2001, is amended by striking the unnumbered paragraph. 18 27 Sec. 58. Section 432.1, unnumbered paragraph 1, Code 2001, 18 28 is amended to read as follows: 18 29 Every insurance company or association of whatever kind or 18 30 character, not including fraternal beneficiary associations, 18 31 and nonprofit hospital and medical service corporations, 18 32 shall, as required by law, pay to the director of the 18 33 department of revenue and finance, or to a depository 18 34 designated by the director, as taxes, an amount equal to the 18 35 following, except that the premium tax applicable to county 19 1 mutual insurance associations shall be governed by section 19 2 518.18: 19 3 Sec. 59. Section 455B.190A, subsections 3 and 6, Code 19 4 2001, are amended by striking the subsections. 19 5 Sec. 60. Section 455B.190A, subsection 4, Code 2001, is 19 6 amended to read as follows: 19 7 4. The department shall develop, in consultation with the19 8well contractors' council,a consumer information pamphlet 19 9 regarding well construction, well maintenance, well plugging, 19 10 and Iowa groundwater laws. The departmentand the council19 11 shall review and revise the consumer information pamphlet as 19 12 necessary. The consumer information pamphlet shall be 19 13 supplied to well contractors, at cost, and well contractors 19 14 shall supply one copy at no cost to potential customers prior 19 15 to initiation of well services. 19 16 Sec. 61. Section 455B.190A, subsection 5, unnumbered 19 17 paragraph 1, Code 2001, is amended to read as follows: 19 18 The department shall establish by rule and collect, in19 19consultation with the well contractors' council,the following 19 20 fees to be used to implement and administer the provisions of 19 21 this section: 19 22 Sec. 62. Section 455B.601, subsection 2, paragraph b, Code 19 23 2001, is amended to read as follows: 19 24 b. A responsible person has executed a remediation 19 25 agreement with theremediationagrichemical reimbursement 19 26 board and the responsible person is remediating or has 19 27 remediated the site pursuant to a plan of remediation as 19 28 provided in chapter 161. 19 29 Sec. 63. Section 455E.11, subsection 2, paragraph b, 19 30 subparagraph (1), Code 2001, is amended to read as follows: 19 31 (1) Nine thousand dollars of the account is appropriated 19 32 to the Iowa department of public health for carrying out the 19 33 departmental duties under section 135.11, subsections 20 and 19 34 21, and section139A.31139A.21. 19 35 Sec. 64. Section 476.66, subsections 1 and 7, Code 2001, 20 1 are amended to read as follows: 20 2 1. The utilities board shall adopt rules which shall 20 3 require each electric and gas public utility to establish a 20 4 fund whose purposes shall include the receiving of 20 5 contributions to assist the utility's low-income customers 20 6 with weatherization measures to improve energy efficiency 20 7 related to winter heating and summer cooling, and to 20 8 supplement the energy assistance received under the federal 20 9 low-incomeheatinghome energy assistance program for the 20 10 payment of winter heating electric or gas utility bills. 20 11 7. Existing programs to receive customer contributions 20 12 established by public utilities shall be construed to meet the 20 13 requirements of this section. Such plans shall be subject to 20 14 review by the utilities board.If determined not to be in20 15compliance with the provisions of this section, they shall be20 16given until July 1989 to modify their operation so as to be in20 17compliance.20 18 Sec. 65. Section 486A.1102, subsection 2, Code 2001, is 20 19 amended to read as follows: 20 20 2. The agent of a foreign limited liabilitycompany20 21 partnership for service of process must be an individual who 20 22 is a resident of this state or other person authorized to do 20 23 business in this state. 20 24 Sec. 66. Section 511.8, subsection 22, paragraph d, Code 20 25 2001, is amended to read as follows: 20 26 d. Investments in financial instruments used in hedging 20 27 transactions are not eligible in excess of ten percent of the 20 28 legal reserve, except insofar as the financial instruments are 20 29 collateralized by cash or United States government obligations 20 30 as authorized by subsection 1 deposited with a custodian bank 20 31 as defined in subsection 21, and held under a written 20 32 agreement with the custodian bank that complies with 20 33 subsection 21 and provides for the proceeds of the collateral, 20 34 subject to the terms and conditions of the applicable 20 35 collateral or other credit support agreement, to be remitted 21 1 to the legal reserve deposit of the company or association and 21 2 to vest in the state in accordance with section 508.18 21 3 whenever proceedings underthisthat section are instituted. 21 4 Sec. 67. Section 514.3, Code 2001, is amended to read as 21 5 follows: 21 6 514.3 APPROVAL BY COMMISSIONER. 21 7 The articles of incorporation, and any subsequent 21 8 amendments, of a corporation shall have endorsed on or annexed 21 9 to those articles or amendments the approval of the 21 10 commissioner of insurance before the same shall be filed for 21 11 record. A corporation shall file with the commissioner bylaws 21 12 and subsequent amendments to the bylaws within thirty days of 21 13 the adoption of the bylaws and amendments. 21 14 Sec. 68. Section 515.24, Code 2001, is amended to read as 21 15 follows: 21 16 515.24 TAX – COMPUTATION. 21 17 For the purpose of determining the basis of any tax upon 21 18 the "gross amount of premiums", or "gross receipts from 21 19 premiums, assessments, fees, and promissory obligations", now 21 20 or hereafter imposed upon any fire or casualty insurance 21 21 company under any law of this state, such gross amount or 21 22 gross receipts shall consist of the gross premiums or receipts 21 23 for direct insurance, without including or deducting any 21 24 amounts received or paid for reinsurance except that any 21 25 company reinsuring windstorm or hail risks written by county 21 26 mutual insurance associations shall be required to pay a two 21 27 percent tax on the gross amount of reinsurance premiums 21 28 received upon such risks, but with such other deductions as 21 29 provided by law, and in addition deducting any so-called 21 30 dividend or return of savings or gains to policyholders; 21 31 provided that as to any deposits or deposit premiums received 21 32 by any such company, the taxable premiums shall be the portion 21 33 of such deposits or deposit premiums earned during the year 21 34 with such deductions therefrom as provided by law. 21 35 Sec. 69. Section 518.17, unnumbered paragraph 2, Code 22 1 2001, is amended to read as follows: 22 2 Reinsurance sufficient to protect the financial stability 22 3 of the state mutual insurance association is also required. 22 4 Reinsurance coverage obtained by a county mutual insurance 22 5 association shall not expose the association to losses from 22 6 coverages written pursuant to this chapter of more than 22 7 fifteen percent from surplus in any calendar year. The 22 8 commissioner of insurance may require additional reinsurance 22 9 if necessary to protect the policyholders of the association. 22 10 Sec. 70. Section 515F.3, subsection 6, Code 2001, is 22 11 amended to read as follows: 22 12 6. Insurance written by a county mutual insurance 22 13 association as provided in chapter518A518. 22 14 Sec. 71. Section 536A.12, subsection 1, Code 2001, is 22 15 amended to read as follows: 22 16 1. Each such license remains in full force and effect 22 17 until surrendered, revoked, or suspended, or until there is a 22 18 change of control on or after January 1, 1996. A licensee, on 22 19 or before the second day of January, shall pay to the 22 20 superintendent the sum of two hundred fifty dollars as an 22 21 annual license fee for the succeeding calendar year. When a 22 22 licensee changes its place of business from one location to 22 23 another in the same city, it shall at once give written notice 22 24 to the superintendent who shall attach to the license in 22 25 writing the superintendent's record of the change and the date 22 26 of the change, which is authority for the operation of the 22 27 business under that license at the new place of business. 22 28 Sec. 72. Section 536A.30, subsection 4, Code 2001, is 22 29 amended to read as follows: 22 30 4. Section 536A.12, to the extent it requires a licensee 22 31 to pay an annual license fee which, when combined with that 22 32 required in section 536A.7, is in excess oftentwo hundred 22 33 fifty dollars. 22 34 Sec. 73. Section 537A.10, subsection 5, paragraph b, 22 35 subparagraph (2), Code 2001, is amended to read as follows: 23 1 (2) If pursuant to such a transferless thanfifty percent 23 2 or less of the entire franchise would be owned by persons who 23 3 meet the franchisor's reasonable current qualifications, the 23 4 franchisor may refuse to authorize the transfer, provided that 23 5 enforcement of the reasonable current qualifications is not 23 6 arbitrary or capricious. 23 7 Sec. 74. Section 543D.2, Code 2001, is amended to read as 23 8 follows: 23 9 543D.2 DEFINITIONS. 23 10 As used in this chapter, unless the context otherwise 23 11 requires: 23 12 1. "Appraisal" or "real estate appraisal" means an 23 13 analysis, opinion, or conclusion relating to the nature, 23 14 quality, value, or utility of specified interests in, or 23 15 aspects of, identified real estate. An appraisal may be 23 16 classified by subject matter into either a valuation or an 23 17 analysis. A "valuation" is an estimate of the value of real 23 18 estate or real property. An "analysis" is a study of real 23 19 estate or real property other than estimating value. 23 20 2. "Appraisal assignment" means an engagement for which an 23 21 appraiser is employed or retained to act, or would be 23 22 perceived by third parties or the public as acting as a 23 23 disinterested third party in rendering an appraisal, 23 24 valuation, or analysis. 23 25 3. "Appraisal foundation" means the appraisal foundation 23 26 incorporated as an Illinois not-for-profit corporation on 23 27 November 30, 1987. 23 28 4. "Appraisal report" means any written communication of 23 29 an appraisal. 23 305. "Associate real estate appraiser" means a person who23 31may not yet fully meet the requirements for certification but23 32who is providing significant input into the appraisal23 33development under the direction of a certified appraiser.23 346.5. "Board" means the real estate appraiser examining 23 35 board established pursuant to this chapter. 24 17.6. "Certified appraisal or certified appraisal report" 24 2 means an appraisal or appraisal report given or signed and 24 3 certified as an appraisal or appraisal report by an Iowa 24 4 certified real estate appraiser. 24 58.7. A "certified real estate appraiser" means a person 24 6 who develops and communicates real estate appraisals and who 24 7 holds a current, valid certificate for appraisals of types of 24 8 real estate which may include residential, commercial, or 24 9 rural real estate, as may be established under this chapter. 24 10 8. "Real property appraiser trainee" means a person who 24 11 may not yet fully meet the requirements for certification but 24 12 who is providing significant input into the appraisal 24 13 development under the direction of the certified appraiser. 24 14 9. "Review appraiser" means a person who is responsible 24 15 for the administrative approval of the appraised value of real 24 16 property or assures that appraisal reports conform to the 24 17 requirements of law and policy, or that the value of real 24 18 property estimated by appraisers represents adequate security, 24 19 fair market value, or other defined value. 24 20 10. "Specialized services" means a hypothetical or other 24 21 special valuation, or an analysis or an appraisal which does 24 22 not fall within the definition of an appraisal assignment. 24 23 Sec. 75. Section 543D.7, Code 2001, is amended to read as 24 24 follows: 24 25 543D.7 CERTIFICATION PROCESS. 24 261.Applications for original certification, renewal 24 27 certification, and examinations shall be madein writingto 24 28 the board on forms approved by the board. 24 292. Until the board has adopted final rules to implement24 30this chapter, the board may issue interim annual certification24 31to qualified applicants. No interim annual certifications may24 32be issued or renewed following the publication of final24 33certification rules by the board.24 34 Sec. 76. Section 543D.15, subsection 2, Code 2001, is 24 35 amended to read as follows: 25 1 2. The term "associaterealestateproperty appraiser 25 2 trainee" shall only be used to refer to individuals who do not 25 3 yet fully meet the requirements for certification but who 25 4 provide significant input into the appraisal development under 25 5 the direction of a certified appraiser. 25 6 Sec. 77. Section 543D.19, subsections 1 and 2, Code 2001, 25 7 are amended to read as follows: 25 8 1. A certified real estate appraiser shall retain for 25 9 three years, originals or true copies of all written contracts 25 10 engaging the appraiser's services for real estate appraisal 25 11 work and all reports and supporting data assembled and 25 12 formulated for use by the appraiser or theassociatereal 25 13 property appraiser trainee in preparing the reports. 25 14 2. Thethree-yearfive-year period for retention of 25 15 records is applicable to each engagement of the services of a 25 16 certified real estate appraiser and shall commence upon the 25 17 date of the submission of the appraisal to the client unless, 25 18 within thethree-yearfive-year period, the appraiser is 25 19 notified that the appraisal or report is involved in 25 20 litigation, in which event thethree-yearfive-year period for 25 21 the retention of records shall commence upon the date of the 25 22 final disposition of the litigation. 25 23 Sec. 78. Section 554D.120, subsections 2 and 3, Code 2001, 25 24 are amended to read as follows: 25 25 2. Except as otherwise provided in section 554D.114, 25 26 subsection 6, on or before July 1, 2003, a state executive 25 27 branch agency, department, board, commission, authority, or 25 28 institution, in consultation and cooperation with thedivision25 29ofinformation technologyservices of thedepartmentof25 30general services, shall send and accept electronic records and 25 31 electronic signatures to and from other persons and otherwise 25 32 create, generate, communicate, store, process, use, and rely 25 33 upon electronic records and signatures. The department of 25 34 management, upon the written request of a state executive 25 35 branch agency, department, board, commission, authority, or 26 1 institution and for good cause shown, may grant a waiver from 26 2 the July 1, 2003, deadline established in this section to the 26 3 state executive branch agency, department, board, commission, 26 4 authority, or institution. 26 5 3. To the extent that a governmental agency of this state 26 6 uses electronic records and electronic signatures under 26 7 subsection 1 or 2, the office of the secretary of state and 26 8 thedivision ofinformation technologyservices of the26 9 departmentof general services, jointly, and in consultation 26 10 with the office of the attorney general, giving due 26 11 consideration to security, may specify by rule all of the 26 12 following: 26 13 Sec. 79. Section 595.13, Code 2001, is amended to read as 26 14 follows: 26 15 595.13 CERTIFICATE – RETURN. 26 16 After the marriage has been solemnized, the officiating 26 17 minister or magistrate shall attest to the marriage on the 26 18 blank provided for that purpose and return the certificate of 26 19 marriage within fifteen days to the county registrar who 26 20 issued the marriage licenseupon the blank provided for that26 21purpose. 26 22 Sec. 80. Section 692A.7, subsection 1, Code 2001, is 26 23 amended to read as follows: 26 24 1. A person required to register under this chapter who 26 25 knowingly violates any requirements specified under sections 26 26 692A.2 through 692A.4 commits an aggravated misdemeanor for a 26 27 first offense and a class "D" felony for a second or 26 28 subsequent offense. However, a person required to register 26 29 under this chapter who knowingly violates any of the 26 30 requirements specified under sections 692A.2 through 692A.4 26 31 and who commits a criminal offense against a minor, sexual 26 32 exploitation, an other relevant offense, or a sexually violent 26 33 offense is guilty of a class "C" felony. Any fine imposed for 26 34 a second or subsequent violation shall not be suspended. The 26 35 court shall not defer judgment or sentence for any violation 27 1 of any requirements specified under sections 692A.2 through 27 2 692A.4. A knowing violationofby a person who is on 27 3 probation, parole, work release, or any other form of release 27 4to comply withof any requirements specified under sections 27 5 692A.2 through 692A.4 shall result in the automatic revocation 27 6 of the person's probation, parole, or work release. 27 7 Sec. 81. Section 692A.13, subsection 3, paragraph c, 27 8 subparagraph (1), Code 2001, is amended to read as follows: 27 9 (1) Persons who commit a criminal offense against a minor, 27 10 an aggravated offense, sexual exploitation, a sexually violent 27 11 offense, or an other relevant offense on or afterthe27 12effective date of this ActJuly 1, 1999, and who have been 27 13 assessed to be "moderate-risk" or "high-risk". 27 14 Sec. 82. Section 714.16, subsection 2, paragraph n, 27 15 subparagraph (1), unnumbered paragraph 1, Code 2001, is 27 16 amended to read as follows: 27 17 It is an unlawful practice for a person to misrepresent the 27 18 geographic location of a supplierorof a service or product 27 19 by listing a fictitious business name or an assumed business 27 20 name in a local telephone directory or directory assistance 27 21 database if all of the following apply: 27 22 Sec. 83. Section 805.8, subsection 2, paragraph ah, Code 27 23 2001, is amended to read as follows: 27 24 ah. If, in connection with a motor vehicle accident, a 27 25 person is charged and found guilty of a violation of section 27 26 321.20B, subsection 1, the scheduled fine is five hundred 27 27 dollars, otherwise the scheduled fine for a violation of 27 28 section 321.20B, subsection 1, is two hundred fifty dollars. 27 29 Notwithstanding section 805.12, fines collected pursuant to 27 30 this paragraph shall be submitted to the state court 27 31 administrator and distributed fifty percent to the victim 27 32 compensation fund established in section912.14915.94, 27 33 twenty-five percent to the county in which such fine is 27 34 imposed, and twenty-five percent to the general fund of the 27 35 state. 28 1 Sec. 84. Section 910.1, subsection 4, Code 2001, is 28 2 amended to read as follows: 28 3 4. "Restitution" means payment of pecuniary damages to a 28 4 victim in an amount and in the manner provided by the 28 5 offender's plan of restitution. "Restitution" also includes 28 6 fines, penalties, and surcharges, the contribution of funds to 28 7 a local anticrime organization which provided assistance to 28 8 law enforcement in an offender's case, the payment of crime 28 9 victim compensation program reimbursements, payment of 28 10 restitution to public agencies pursuant to section 321J.2, 28 11 subsection 9, paragraph "b", court costs including 28 12 correctional fees approved pursuant to section 356.7, court- 28 13 appointedattorney'sattorney fees, orordered pursuant to 28 14 section 815.9, including the expense of a public defender, and 28 15 the performance of a public service by an offender in an 28 16 amount set by the court when the offender cannot reasonably 28 17 pay all or part of the court costs including correctional fees 28 18 approved pursuant to section 356.7, court-appointedattorney's28 19 attorney fees, orordered pursuant to section 815.9, including 28 20 the expense of a public defender. 28 21 Sec. 85. Section 910.2, Code 2001, is amended to read as 28 22 follows: 28 23 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY 28 24 SENTENCING COURT. 28 25 In all criminal cases in which there is a plea of guilty, 28 26 verdict of guilty, or special verdict upon which a judgment of 28 27 conviction is rendered, the sentencing court shall order that 28 28 restitution be made by each offender to the victims of the 28 29 offender's criminal activities, to the clerk of court for 28 30 fines, penalties, surcharges, and, to the extent that the 28 31 offender is reasonably able to pay, for crime victim 28 32 assistance reimbursement, restitution to public agencies 28 33 pursuant to section 321J.2, subsection 9, paragraph "b", court 28 34 costs including correctional fees approved pursuant to section 28 35 356.7, court-appointedattorney'sattorney fees ordered 29 1 pursuant to section 815.9, including the expense of a public 29 2 defender, when applicable, or contribution to a local 29 3 anticrime organization. However, victims shall be paid in 29 4 full before fines, penalties, and surcharges, crime victim 29 5 compensation program reimbursement, public agencies, court 29 6 costs including correctional fees approved pursuant to section 29 7 356.7, court-appointedattorney'sattorney fees,ordered 29 8 pursuant to section 815.9, including the expenses of a public 29 9 defender, or contributions to a local anticrime organization 29 10 are paid. In structuring a plan of restitution, the court 29 11 shall provide for payments in the following order of priority: 29 12 victim, fines, penalties, and surcharges, crime victim 29 13 compensation program reimbursement, public agencies, court 29 14 costs including correctional fees approved pursuant to section 29 15 356.7, court-appointedattorney'sattorney fees, orordered 29 16 pursuant to section 815.9, including the expense of a public 29 17 defender, and contribution to a local anticrime organization. 29 18 When the offender is not reasonably able to pay all or a 29 19 part of the crime victim compensation program reimbursement, 29 20 public agency restitution, court costs including correctional 29 21 fees approved pursuant to section 356.7, court-appointed 29 22attorney'sattorney fees,ordered pursuant to section 815.9, 29 23 including the expense of a public defender, or contribution to 29 24 a local anticrime organization, the court may require the 29 25 offender in lieu of that portion of the crime victim 29 26 compensation program reimbursement, public agency restitution, 29 27 court costs including correctional fees approved pursuant to 29 28 section 356.7, court-appointedattorney'sattorney fees,29 29 ordered pursuant to section 815.9, including the expense of a 29 30 public defender, or contribution to a local anticrime 29 31 organization for which the offender is not reasonably able to 29 32 pay, to perform a needed public service for a governmental 29 33 agency or for a private nonprofit agency which provides a 29 34 service to the youth, elderly, or poor of the community. When 29 35 community service is ordered, the court shall set a specific 30 1 number of hours of service to be performed by the offender 30 2 which, for payment of court-appointedattorney'sattorney fees 30 3orordered pursuant to section 815.9, including the expenses 30 4 of a public defender, shall be approximately equivalent in 30 5 value to those costs. The judicial district department of 30 6 correctional services shall provide for the assignment of the 30 7 offender to a public agency or private nonprofit agency to 30 8 perform the required service. 30 9 Sec. 86. Section 910.3, Code 2001, is amended to read as 30 10 follows: 30 11 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 30 12 The county attorney shall prepare a statement of pecuniary 30 13 damages to victims of the defendant and, if applicable, any 30 14 award by the crime victim compensation program and expenses 30 15 incurred by public agencies pursuant to section 321J.2, 30 16 subsection 9, paragraph "b", and shall provide the statement 30 17 to the presentence investigator or submit the statement to the 30 18 court at the time of sentencing. The clerk of court shall 30 19 prepare a statement of court-appointedattorney'sattorney 30 20 fees,ordered pursuant to section 815.9, including the expense 30 21 of a public defender, and court costs including correctional 30 22 fees claimed by a sheriff pursuant to section 356.7, which 30 23 shall be provided to the presentence investigator or submitted 30 24 to the court at the time of sentencing. If these statements 30 25 are provided to the presentence investigator, they shall 30 26 become a part of the presentence report. If pecuniary damage 30 27 amounts are not available at the time of sentencing, the 30 28 county attorney shall provide a statement of pecuniary damages 30 29 incurred up to that time to the clerk of court. The statement 30 30 shall be provided no later than thirty days after sentencing. 30 31 If a defendant believes no person suffered pecuniary damages, 30 32 the defendant shall so state. If the defendant has any mental 30 33 or physical impairment which would limit or prohibit the 30 34 performance of a public service, the defendant shall so state. 30 35 The court may order a mental or physical examination, or both, 31 1 of the defendant to determine a proper course of action. At 31 2 the time of sentencing or at a later date to be determined by 31 3 the court, the court shall set out the amount of restitution 31 4 including the amount of public service to be performed as 31 5 restitution and the persons to whom restitution must be paid. 31 6 If the full amount of restitution cannot be determined at the 31 7 time of sentencing, the court shall issue a temporary order 31 8 determining a reasonable amount for restitution identified up 31 9 to that time. At a later date as determined by the court, the 31 10 court shall issue a permanent, supplemental order, setting the 31 11 full amount of restitution. The court shall enter further 31 12 supplemental orders, if necessary. These court orders shall 31 13 be known as the plan of restitution. 31 14 Sec. 87. Section 910.9, unnumbered paragraph 3, Code 2001, 31 15 is amended to read as follows: 31 16 Fines, penalties, and surcharges, crime victim compensation 31 17 program reimbursement, public agency restitution, court costs 31 18 including correctional fees claimed by a sheriff pursuant to 31 19 section 356.7, court-appointedattorney'sattorney fees, and31 20 ordered pursuant to section 815.9, including the expenses for 31 21 public defenders, shall not be withheld by the clerk of court 31 22 until all victims have been paid in full. Payments to victims 31 23 shall be made by the clerk of court at least quarterly. 31 24 Payments by a clerk of court shall be made no later than the 31 25 last business day of the quarter, but may be made more often 31 26 at the discretion of the clerk of court. The clerk of court 31 27 receiving final payment from an offender shall notify all 31 28 victims that full restitution has been made. Each office or 31 29 individual charged with supervising an offender who is 31 30 required to perform community service as full or partial 31 31 restitution shall keep records to assure compliance with the 31 32 portions of the plan of restitution and restitution plan of 31 33 payment relating to community service and, when the offender 31 34 has complied fully with the community service requirement, 31 35 notify the sentencing court. 32 1 Sec. 88. Sections 444.25A, 444.25B, 444.26, and 444.27, 32 2 Code 2001, are repealed. 32 3 Sec. 89. 2000 Iowa Acts, chapter 1148, section 1, is 32 4 amended to read as follows: 32 5 SECTION 1. COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL. 32 6 1. Chapters 6B,10A,11, 12B,24,35B, 43, 50, 62, 64, 65, 32 7 66, 69, 96, 99,124C, 144,147,161A,177A, 230, 257B,306,32 8309,311, 317,321A,347B, 353,354,357, 357C,357D, 357E,32 9357F, 357G,358,358C,359, 359A, 380, 384,386,420,422,32 10424, 425,426A, 428, 433, 434,435,436,437, 437A,438, 440, 32 11 441, 443, 444, 448, 449,455I,468, 556F, 557C, 558, 561, 595, 32 12 614, and 658,and 717B,Code 1999 and Code Supplement 1999, 32 13 are amended by adding the following new definition: 32 14 NEW DEFINITION. As used in this chapter, unless the 32 15 context otherwise requires, "list", "book", "record", or 32 16 "schedule" kept by a county auditor, assessor, treasurer, 32 17 recorder, sheriff, or other county officer means the county 32 18 system as defined in section 445.1. 32 19 2. The Code editor is directedto add the definition32 20prescribed in subsection 1 to the definition sections of, for 32 21 each chapter listedor, if a definition section does not32 22exist, to create a definition section including the definition 32 23 prescribed in subsection 1 for the chapter in the Code of 32 24 Iowa, 2001. 32 25 Sec. 90. 2000 Iowa Acts, chapter 1148, is amended by 32 26 adding the following new sections: 32 27 SECTION 1A. COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL. 32 28 1. Sections 10A.101, 24.2, 124C.1, 144.1, 161A.3, 306.2, 32 29 309.1, 321A.1, 354.2, 357D.1, 357E.1, 357F.1, 357G.1, 358C.1, 32 30 386.1, 422.3, 424.2, 437.1, 437A.3, and 455I.1, Code 1999 and 32 31 Code Supplement 1999, are amended by adding the following new 32 32 definition: 32 33 NEW DEFINITION. "Book", "list", "schedule", or "record" 32 34 kept by a county auditor, assessor, treasurer, recorder, 32 35 sheriff, or other county officer means the county system as 33 1 defined in section 445.1. 33 2 2. The Code editor is directed to add the definition 33 3 prescribed in subsection 1 to the definitions in each section 33 4 listed for the Code of Iowa, 2001. 33 5 SECTION 1B. COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL. 33 6 1. Sections 425.11, 435.1, and 717B.1, Code 1999 and Code 33 7 Supplement 1999, are amended by adding the following new 33 8 definition: 33 9 NEW DEFINITION. Unless the context otherwise requires, 33 10 "book", "list", "schedule", or "record" kept by a county 33 11 auditor, assessor, treasurer, recorder, sheriff, or other 33 12 county officer means the county system as defined in section 33 13 445.1. 33 14 2. The Code editor is directed to add the definition 33 15 prescribed in subsection 1 to the definitions in each section 33 16 listed for the Code of Iowa, 2001. 33 17 Sec. 91. 2000 Iowa Acts, chapter 1213, section 1, is 33 18 amended to read as follows: 33 19 SECTION 1. Section 15.333, subsection 1, Code Supplement 33 20 1999, is amended to read as follows: 33 21 1. An eligible business may claim a corporate tax credit 33 22 up to a maximum of ten percent of the new investment which is 33 23 directly related to new jobs created by the location or 33 24 expansion of an eligible business under the program. Any 33 25 credit in excess of the tax liability for the tax year may be 33 26 credited to the tax liability for the following seven years or 33 27 until depleted, whichever occurs earlier. Subject to prior 33 28 approval by the department of economic development in 33 29 consultation with the department of revenue and finance, an 33 30 eligible business whose project primarily involves the 33 31 production of value-added agricultural products may elect to 33 32 receive a refund of all or a portion of an unused tax credit. 33 33 The refund may be used against a tax liability imposed under 33 34 chapter 422, division II, III, or V. If the business is a 33 35 partnership, subchapter S corporation, limited liability 34 1 company, or estate or trust electing to have the income taxed 34 2 directly to the individual, an individual may claim the tax 34 3 credit allowed. The amount claimed by the individual shall be 34 4 based upon the pro rata share of the individual's earnings of 34 5 the partnership, subchapter S corporation, limited liability 34 6 company, or estate or trust. For purposes of this section, 34 7 "new investment directly related to new jobs created by the 34 8 location or expansion of an eligible business under the 34 9 program" means the cost of machinery and equipment, as defined 34 10 in section 427A.1, subsection 1, paragraphs "e" and "j", 34 11 purchased for use in the operation of the eligible business, 34 12 the purchase price of which has been depreciated in accordance 34 13 with generally accepted accounting principles, and the cost of 34 14 improvements made to real property which is used in the 34 15 operation of the eligible business and which receives a 34 16 partial property tax exemption for the actual value added 34 17 under section 15.332. 34 18 1A. An eligible business whose project primarily involves 34 19 the production of value-added agricultural products, that 34 20 elects to receive a refund of all or a portion of an unused 34 21 tax credit, shall apply to the department of economic 34 22 development for tax credit certificates. An eligible business 34 23 whose project primarily involves the production of value-added 34 24 agricultural products shall not claim a tax credit under this 34 25 section unless a tax credit certificate issued by the 34 26 department of economic development is attached to the 34 27 taxpayer's tax return for the tax yearduringfor which the 34 28 tax credit is claimed. A tax credit certificate shall not be 34 29 valid until the tax year following the date of the project 34 30 completion. A tax credit certificate shall contain the 34 31 taxpayer's name, address, tax identification number, the date 34 32 of project completion, the amount of the tax credit, other 34 33 information required by the department of revenue and finance. 34 34 The department of economic development shall not issue tax 34 35 credit certificates which total more than four million dollars 35 1 during a fiscal year. If the department receives applications 35 2 for tax credit certificates in excess of four million dollars, 35 3 the applicants shall receive certificates for a prorated 35 4 amount. The tax credit certificates shall not be transferred. 35 5 Sec. 92. 2000 Iowa Acts, chapter 1228, section 37, is 35 6 amended to read as follows: 35 7 SEC. 37. 1991 Iowa Acts, chapter 169, section 9, as 35 8 amended by 1996 Iowa Acts, chapter 1071, section 1, is 35 9 repealed. 35 10 On or before December 15, 2000, the prevention of 35 11 disabilities policy council shall submit a report to the 35 12 governor and the general assembly providing findings and 35 13 recommendations regarding the activities and duties of the 35 14commissioncouncil and the need for its continuation. 35 15 Sec. 93. EFFECTIVE DATES. 35 16 1. Section 6, being deemed of immediate importance, takes 35 17 effect upon enactment and applies retroactively to April 25, 35 18 2000. 35 19 2. Section 52, being deemed of immediate importance, takes 35 20 effect upon enactment and applies retroactively to May 20, 35 21 1999. 35 22 3. Section 82, being deemed of immediate importance, takes 35 23 effect upon enactment and applies retroactively to July 1, 35 24 2000. 35 25 4. Section 91 takes effect July 1, 2001. 35 26 5. Section 92, being deemed of immediate importance, takes 35 27 effect upon enactment and applies retroactively to May 17, 35 28 2000. 35 29 SF 106 35 30 lh/cc/26
Text: SF00105 Text: SF00107 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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