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PAG LIN 1 1 SENATE FILE 2201 1 2 1 3 AN ACT 1 4 RELATING TO NONSUBSTANTIVE CODE CORRECTIONS AND INCLUDING 1 5 EFFECTIVE AND RETROACTIVE APPLICABILITY PROVISIONS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 7E.5, subsection 1, paragraph h, Code 1 10 2001, is amended to read as follows: 1 11 h. The Iowa department of economic development, created in 1 12 section15.10415.105, which has primary responsibility for 1 13 programs for carrying out the economic development policies of 1 14 the state. 1 15 Sec. 2. Section 10B.1, subsection 2, Code 2001, is amended 1 16 to read as follows: 1 17 2. "Cooperative association" means any entity organized on 1 18 a cooperative basis, including an association of persons 1 19 organized under chapter 497, 498, or 499; an entity composed 1 20 of entities organized under those chapters; or a cooperative 1 21corporationorganized under chapter 501. 1 22 Sec. 3. Section 15A.7, subsection 3, Code 2001, is amended 1 23 to read as follows: 1 24 3. That the employer shall agree to pay wages for the jobs 1 25 for which the credit is taken of at least the average county 1 26 wage or average regional wage, whichever is lower, as compiled 1 27 annually by the department of economic development for the 1 28 community economic betterment program. For the purposes of 1 29 this section, the average regional wage shall be compiled 1 30 based upon the service delivery areas in section 84B.2. 1 31 Eligibility for the supplemental credit shall be based on a 1 32 one-time determination of starting wages by the community 1 33 college. 1 34 Sec. 4. Section 15A.9, subsection 10, Code Supplement 1 35 2001, is amended to read as follows: 2 1 10. LIMITATION ON ASSISTANCE. Economic development 2 2 assistance under subsections 3 through 9 shall only be 2 3 available to the primary business or a supporting business. 2 4 However, if the department of economic development finds that 2 5 a primary business or a supporting business has a record of 2 6 violations of the law, including but not limited to 2 7 environmental and worker safety statutes, rules, and 2 8 regulations, over a period of time that tends to show a 2 9 consistent pattern, the primary business or supporting 2 10 business shall not qualify for economic development assistance 2 11 under subsections 3 through 9, unless the department of 2 12 economic development finds that the violations did not 2 13 seriously affect public health or safety or the environment, 2 14 or if it did that there were mitigating circumstances. In 2 15 making the findings and determinations regarding violations, 2 16 mitigating circumstances, and whether a primary business or a 2 17 supporting business is eligible for economic development 2 18 assistance under subsections 3 through 9, the department of 2 19 economic development shall be exempt from chapter 17A. 2 20 Sec. 5. Section 15E.111, subsection 8, Code 2001, is 2 21 amended to read as follows: 2 22 8. The department of economic development and the office 2 23 of renewable fuels and coproducts shall prepare a report each 2 24 six months detailing the progress of the department and other 2 25 agencies provided in this section. The office of renewable 2 26 fuels and coproducts, the department of natural resources, and 2 27 Iowa state university may contribute a summary of their 2 28 activities. The report shall be delivered to the secretary of 2 29 the senate and the chief clerk of the house; the legislative 2 30 service bureau; the chairpersons and ranking members of the 2 31 senate standing committee on agriculture; the senate standing 2 32 committee on small business, economic development, and 2 33 tourism; the house of representatives standing committee on 2 34 agriculture; and the house of representatives standing 2 35 committee onsmall business,economic development, and trade. 3 1 Sec. 6. Section 15E.117, Code 2001, is amended to read as 3 2 follows: 3 3 15E.117 PROMOTION OF IOWA WINE AND BEER. 3 4 The department of economic development shall consult with 3 5 the Iowa wine and beer promotion board on the best means to 3 6 promote wine and beer made in Iowa. The department has the 3 7 authority to contract with private persons for the promotion 3 8 of beer and wine made in Iowa. At the direction of the 3 9 department, the director of revenue and finance shall issue 3 10 warrants to the department of economic development on the 3 11 barrel tax fund created in section 123.143 and the wine 3 12 gallonage tax fund created in section 123.183, which moneys 3 13 may be used by the department for the purpose of this section, 3 14 including administrative expenses incurred under this section. 3 15 Sec. 7. Section 15E.202, subsection 17, paragraph b, Code 3 16 2001, is amended to read as follows: 3 17 b. A cooperativecorporationorganized under chapter 501. 3 18 Sec. 8. Section 73.10, Code 2001, is amended to read as 3 19 follows: 3 20 73.10 EXCEPTIONS. 3 21 The provisions of sections 73.6toand 73.9 shall not apply 3 22 to municipally owned and operated public utilities. 3 23 Sec. 9. Section 84A.1, subsections 2 and 3, Code 2001, are 3 24 amended to read as follows: 3 25 2. The chief executive officer of the department of 3 26 workforce development is the director who shall be appointed 3 27 by the governor, subject to confirmation by the senate under 3 28 the confirmation procedures of section 2.32. The director of 3 29 the department of workforce development shall serve at the 3 30 pleasure of the governor. The governor shall set the salary 3 31 of the director within the applicable salary range established 3 32 by the general assembly. The director shall be selected 3 33 solely on the ability to administer the duties and functions 3 34 granted to the director and the department and shall devote 3 35 full time to the duties of the director. If the office of 4 1 director becomes vacant, the vacancy shall be filled in the 4 2 same manner as the original appointment was made. 4 3 The director of the department of workforce development 4 4 shall, subject to the requirements of section 84A.1B, prepare, 4 5 administer, and control the budget of the department and its 4 6 divisions and shall approve the employment of all personnel of 4 7 the department and its divisions. 4 8 The director of the department of workforce development 4 9 shall direct the administrative and compliance functions and 4 10 control the docket of the division of workers' compensation. 4 11 3. The department of workforce development shall include 4 12 the division of labor services, the division of workers' 4 13 compensation, and other divisions as appropriate. 4 14 Sec. 10. Section 84A.1A, Code Supplement 2001, is amended 4 15 to read as follows: 4 16 84A.1A WORKFORCE DEVELOPMENT BOARD. 4 17 1. An Iowa workforce development board is created, 4 18 consisting of nine voting members appointed by the governor 4 19 and eight ex officio nonvoting members. The ex officio 4 20 nonvoting members are four legislative members; one president 4 21 or the president's designee of the university of northern 4 22 Iowa, the university of Iowa, or Iowa state university of 4 23 science and technology, designated by the state board of 4 24 regents on a rotating basis; one representative from the 4 25 largest statewide public employees' organization representing 4 26 state employees; one president or the president's designee of 4 27 an independent Iowa college, appointed by the Iowa association 4 28 of independent colleges and universities; and one 4 29 superintendent or the superintendent's designee of a community 4 30 college, appointed by the Iowa association of community 4 31 college presidents. The legislative members are two state 4 32 senators, one appointed by the president of the senate, after 4 33 consultation with the majority leader of the senate, and one 4 34 appointed by the minority leader of the senate, after 4 35 consultation with the president of the senate, from their 5 1 respective parties; and two state representatives, appointed 5 2 by the speaker after consultation with the majority and 5 3 minority leaders of the house of representatives from their 5 4 respective parties. Not more than five of the voting members 5 5 shall be from the same political party. Of the nine voting 5 6 members, one member shall represent a nonprofit organization 5 7 involved in workforce development services, four members shall 5 8 represent employers, and four members shall represent 5 9 nonsupervisory employees. Of the members appointed by the 5 10 governor to represent nonsupervisory employees, two members 5 11 shall be from statewide labor organizations, one member shall 5 12 be an employee representative of a labor management council, 5 13 and one member shall be a person with experience in worker 5 14 training programs. The governor shall consider 5 15 recommendations from statewide labor organizations for the 5 16 members representing nonsupervisory employees. The governor 5 17 shall appoint the nine voting members of the workforce 5 18 development board for a term of four years beginning and 5 19 ending as provided by section 69.19, subject to confirmation 5 20 by the senate, and the governor's appointments shall include 5 21 persons knowledgeable in the area of workforce development. 5 22 2. A vacancy on the workforce development board shall be 5 23 filled in the same manner as regular appointments are made for 5 24 the unexpired portion of the regular term. 5 25 3. The workforce development board shall meet in May of 5 26 each year for the purpose of electing one of its voting 5 27 members as chairperson and one of its voting members as vice 5 28 chairperson. However, the chairperson and the vice 5 29 chairperson shall not be from the same political party. The 5 30 workforce development board shall meet at the call of the 5 31 chairperson or when any five members of the workforce 5 32 development board file a written request with the chairperson 5 33 for a meeting. Written notice of the time and place of each 5 34 meeting shall be given to each member of the workforce 5 35 development board. A majority of the voting members 6 1 constitutes a quorum. 6 2 4. Members of the workforce development board, the 6 3 director of the department of workforce development, and other 6 4 employees of the department of workforce development shall be 6 5 allowed their actual and necessary expenses incurred in the 6 6 performance of their duties. All expenses shall be paid from 6 7 appropriations for those purposes and the department of 6 8 workforce development is subject to the budget requirements of 6 9 chapter 8. Each member of the workforce development board may 6 10 also be eligible to receive compensation as provided in 6 11 section 7E.6. 6 12 5. If a member of the workforce development board has an 6 13 interest, either direct or indirect, in a contract to which 6 14 the department of workforce development is or is to be a 6 15 party, the interest shall be disclosed to the workforce 6 16 development board in writing and shall be set forth in the 6 17 minutes of a meeting of the workforce development board. The 6 18 member having the interest shall not participate in action by 6 19 the workforce development board with respect to the contract. 6 20 This subsection does not limit the right of a member of the 6 21 workforce development board to acquire an interest in bonds, 6 22 or limit the right of a member to have an interest in a bank 6 23 or other financial institution in which the funds of the 6 24 department of workforce development are deposited or which is 6 25 acting as trustee or paying agent under a trust indenture to 6 26 which the department of workforce development is a party. 6 27 Sec. 11. Section 84A.5, Code Supplement 2001, is amended 6 28 to read as follows: 6 29 84A.5DEPARTMENT'SDEPARTMENT OF WORKFORCE DEVELOPMENT – 6 30 PRIMARY RESPONSIBILITIES. 6 31 The department of workforce development, in consultation 6 32 with the workforce development board and the regional advisory 6 33 boards, has the primary responsibilities set out in this 6 34 section. 6 35 1. The department of workforce development shall develop 7 1 and implement a workforce development system which increases 7 2 the skills of the Iowa workforce, fosters economic growth and 7 3 the creation of new high skill and high wage jobs through job 7 4 placement and training services, increases the competitiveness 7 5 of Iowa businesses by promoting high performance workplaces, 7 6 and encourages investment in workers. 7 7 The workforce development system shall strive to provide 7 8 high quality services to its customers including workers, 7 9 families, and businesses. The department of workforce 7 10 development shall maintain a common intake, assessment, and 7 11 customer tracking system and to the extent practical provide 7 12 one-stop services to customers at workforce development 7 13 centers and other service access points. 7 14 The system shall include an accountability system to 7 15 measure program performance, identify accomplishments, and 7 16 evaluate programs to ensure goals and standards are met. The 7 17 accountability system shall use information obtained from the 7 18 customer tracking system, the department of economic 7 19 development, the department of education, and training 7 20 providers to evaluate the effectiveness of programs. The 7 21 department of economic development, the department of 7 22 education, and training providers shall report information 7 23 concerning the use of any state or federal training or 7 24 retraining funds to the department of workforce development in 7 25 a form as required by the department of workforce development. 7 26 The accountability system shall evaluate all of the following: 7 27 a. The impact of services on wages earned by individuals. 7 28 b. The effectiveness of training services providers in 7 29 raising the skills of the Iowa workforce. 7 30 c. The impact of placement and training services on Iowa's 7 31 families, communities, and economy. 7 32 The department of workforce development shall make 7 33 information from the customer tracking and accountability 7 34 system available to the department of economic development, 7 35 the department of education, and other appropriate public 8 1 agencies for the purpose of assisting with the evaluation of 8 2 programs administered by those departments and agencies and 8 3 for planning and researching public policies relating to 8 4 education and economic development. 8 5 2. The department of workforce development is responsible 8 6 for administration of unemployment compensation benefits and 8 7 collection of employer contributions under chapter 96, 8 8 providing for the delivery of free public employment services 8 9 established pursuant to chapter 96, other job placement and 8 10 training programs established pursuant to section 84A.6, and 8 11 the delivery of services located throughout the state. 8 12 3. The division of labor services is responsible for the 8 13 administration of the laws of this state under chapters 88, 8 14 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 92, and 8 15 94A, and sections 30.7 and 85.68. The executive head of the 8 16 division is the labor commissioner, appointed pursuant to 8 17 section 91.2. 8 18 4. The division of workers' compensation is responsible 8 19 for the administration of the laws of this state relating to 8 20 workers' compensation under chapters 85, 85A, 85B, 86, and 87. 8 21 The executive head of the division is the workers' 8 22 compensation commissioner, appointed pursuant to section 86.1. 8 23 5. The director of the department of workforce development 8 24 shall form a coordinating committee composed of the director 8 25 of the department of workforce development, the labor 8 26 commissioner, the workers' compensation commissioner, and 8 27 other administrators. The committee shall monitor federal 8 28 compliance issues relating to coordination of functions among 8 29 the divisions. 8 30 6. The department of workforce development shall 8 31 administer the following programs: 8 32 a. The Iowa conservation corps established under section 8 33 84A.7. 8 34 b. The workforce investment program established under 8 35 section 84A.8. 9 1 c. The statewide mentoring program established under 9 2 section 84A.9. 9 3 d. The workforce development centers established under 9 4 chapter 84B. 9 5 7. The department of workforce development shall work with 9 6 the department of economic development to incorporate 9 7 workforce development as a component of community-based 9 8 economic development. 9 9 8. The department of workforce development, in 9 10 consultation with the applicable regional advisory board, 9 11 shall select service providers, subject to approval by the 9 12 workforce development board for each service delivery area. A 9 13 service provider in each service delivery area shall be 9 14 identified to coordinate the services throughout the service 9 15 delivery area. The department of workforce development shall 9 16 select service providers that, to the extent possible, meet or 9 17 have the ability to meet the following criteria: 9 18 a. The capacity to deliver services uniformly throughout 9 19 the service delivery area. 9 20 b. The experience to provide workforce development 9 21 services. 9 22 c. The capacity to cooperate with other public and private 9 23 agencies and entities in the delivery of education, workforce 9 24 training, retraining, and workforce development services 9 25 throughout the service delivery area. 9 26 d. The demonstrated capacity to understand and comply with 9 27 all applicable state and federal laws, rules, ordinances, 9 28 regulations, and orders, including fiscal requirements. 9 29 9. The department of workforce development shall provide 9 30 access to information and documents necessary for employers 9 31 and payors of income, as defined in sections 252D.16 and 9 32 252G.1, to comply with child support reporting and payment 9 33 requirements. Access to the information and documents shall 9 34 be provided at the central location of the department of 9 35 workforce development and at each workforce development 10 1 center. 10 2 10. The director of the department of workforce 10 3 development may adopt rules pursuant to chapter 17A to charge 10 4 and collect fees for enhanced or value-added services provided 10 5 by the department of workforce development which are not 10 6 required by law to be provided by the department and are not 10 7 generally available from the department of workforce 10 8 development. Fees shall not be charged to provide a free 10 9 public labor exchange. Fees established by the director of 10 10 the department of workforce development shall be based upon 10 11 the costs of administering the service, with due regard to the 10 12 anticipated time spent, and travel costs incurred, by 10 13 personnel performing the service. The collection of fees 10 14 authorized by this subsection shall be treated as repayment 10 15 receipts as defined in section 8.2. 10 16 Sec. 12. Section 84A.6, subsections 2 and 3, Code 2001, 10 17 are amended to read as follows: 10 18 2. The director of the department of workforce 10 19 development, in cooperation with the department of human 10 20 services, shall provide job placement and training to persons 10 21 referred by the department of human services under the 10 22 promoting independence and self-sufficiency through employment 10 23 job opportunities and basic skills program established 10 24 pursuant to chapter 239B and the food stamp employment and 10 25 training program. 10 26 3. The director of the department of workforce 10 27 development, in cooperation with the department of human 10 28 rights and the vocational rehabilitation services division of 10 29 the department of education, shall establish a program to 10 30 provide job placement and training to persons with 10 31 disabilities. 10 32 Sec. 13. Section 84A.7, subsections 3 and 4, Code 2001, 10 33 are amended to read as follows: 10 34 3. FUNDING. Corps projects shall be funded by 10 35 appropriations to the Iowa conservation corps account and by 11 1 cash, services, and material contributions made by other state 11 2 agencies or local public and private agencies. Public and 11 3 private entities who benefit from a corps project shall 11 4 contribute at least thirty-five percent of the total project 11 5 budget. The contributions may be in the form of cash, 11 6 materials, or services. Materials and services shall be 11 7 intended for the project and acceptable to the department of 11 8 workforce development. Minimum levels of contributions shall 11 9 be prescribed in rules adopted by the department of workforce 11 10 development. 11 11 4. ACCOUNT CREATED. The Iowa conservation corps account 11 12 is established within and administered by the department of 11 13 workforce development. The account shall include all 11 14 appropriations made to programs administered by the corps, and 11 15 may also include moneys contributed by a private individual or 11 16 organization, or a public entity for the purpose of 11 17 implementing corps programs and projects. The department of 11 18 workforce development may establish an escrow account within 11 19 the department and obligate moneys within that escrow account 11 20 for tuition payments to be made beyond the term of any fiscal 11 21 year. Interest earned on moneys in the Iowa conservation 11 22 corps account shall be credited to the account. 11 23 Sec. 14. Section 85.38, subsection 4, Code 2001, is 11 24 amended to read as follows: 11 25 4. LIEN FOR HOSPITAL AND MEDICAL SERVICES UNDER CHAPTER 11 26 249A. In the event any hospital or medical services as 11 27definedprovided in section 85.27 are paid by the state 11 28 department of human services on behalf of an employee who is 11 29 entitled to such benefits under the provisions of this chapter 11 30 or chapter 85A or 85B, a lien shall exist as respects the 11 31 right of such employee to benefits as described in section 11 32 85.27. 11 33 Sec. 15. Section 123.183, subsection 3, paragraph b, Code 11 34 Supplement 2001, is amended to read as follows: 11 35 b. The remaining revenue collected from the wine gallonage 12 1 tax on wine imported into this state for sale at wholesale and 12 2 sold in this state at wholesale shall be deposited in the beer 12 3 and liquor control fund created in section 123.53. 12 4 Sec. 16. Section 135.83, Code Supplement 2001, is amended 12 5 to read as follows: 12 6 135.83 CONTRACTS FOR ASSISTANCE WITH ANALYSES, STUDIES, 12 7 AND DATA. 12 8 In furtherance of the department's responsibilities under 12 9 sections 135.76 and 135.78, the director may contract with the 12 10 Iowa hospital association and third-party payers, the Iowa 12 11 health care facilities association and third-party payers, or 12 12 the Iowa association of homes for the aging and third-party 12 13 payers for the establishment of pilot programs dealing with 12 14 prospective rate review in hospitals or health care 12 15 facilities, or both. Such contract shall be subject to the 12 16 approval of the executive council and shall provide for an 12 17 equitable representation of health care providers, third-party 12 18 payers, and health care consumers in the determination of 12 19criterioncriteria for rate review. No third-party payer 12 20 shall be excluded from positive financial incentives based 12 21 upon volume of gross patient revenues. No state or federal 12 22 funds appropriated or available to the department shall be 12 23 used for any such pilot program. 12 24 Sec. 17. Section 135C.2, subsection 3, paragraph d, Code 12 25 Supplement 2001, is amended to read as follows: 12 26 d. Notwithstanding the limitations set out in this 12 27 subsection regarding rules for intermediate care facilities 12 28 for persons with mental retardation, the department shall 12 29 consider the federal interpretive guidelines issued by the 12 30 federalhealth care financing administrationcenters for 12 31 Medicare and Medicaid services when interpreting the 12 32 department's rules for intermediate care facilities for 12 33 persons with mental retardation. This use of the guidelines 12 34 is not subject to the rulemaking provisions of sections 17A.4 12 35 and 17A.5, but the guidelines shall be published in the Iowa 13 1 administrative bulletin and the Iowa administrative code. 13 2 Sec. 18. Section 135C.33, subsection 2, Code Supplement 13 3 2001, is amended to read as follows: 13 4 2. If the department of public safety determines that a 13 5 person has committed a crime and is to be employed in a 13 6 facility licensed under this chapter, the department of public 13 7 safety shall notify the licensee that an evaluation, if 13 8 requested by the facility, will be conducted by the department 13 9 of human services to determine whether prohibition of the 13 10 person's employment is warranted. If a department of human 13 11 services child or dependent adult abuse records check 13 12determinesshows that the person has a record of founded child 13 13 or dependent adult abuse, the department of human services 13 14 shall inform the licensee that an evaluation, if requested by 13 15 the facility, will be conducted to determine whether 13 16 prohibition of the person's employment is warranted. 13 17 Sec. 19. Section 136.3, subsection 7, Code Supplement 13 18 2001, is amended to read as follows: 13 19 7. Adopt, promulgate, amend, and repeal rules and 13 20 regulations consistent with law for the protection of the 13 21 public health and prevention of substance abuse, and for the 13 22 guidance of the department. All rules which have been or are 13 23 hereafter adopted by the department shall be subject to 13 24 approval by the board. However, rules adopted by the 13 25 commission on substance abuse for section 125.7, subsections 1 13 26 and 7, and rules adopted by the department pursuant to section 13 27 135.130 are not subject to approval by the state board of 13 28 health. 13 29 Sec. 20. Section 207.13, subsection 2, Code 2001, is 13 30 amended to read as follows: 13 31 2. The inspections by the division shall: 13 32 a.OneOccur at a frequency of one complete inspection per 13 33 calendar quarter and at least one partial inspection on an 13 34 irregular basis in those months where a complete inspection is 13 35 not performed. 14 1 b. Occur without prior notice to the permittee, agents or 14 2 employees except for necessary on-site meetings with the 14 3 permittee. 14 4 c. Include the filing of inspection reports adequate to 14 5 enforce the requirements of and to carry out the terms and 14 6 purposes of this chapter. 14 7 Sec. 21. Section 229.42, Code Supplement 2001, is amended 14 8 to read as follows: 14 9 229.42 COSTS PAID BY COUNTY. 14 10 If a person wishing to make application for voluntary 14 11 admission to a mental hospital established by chapter 226 is 14 12 unable to pay the costs of hospitalization or those 14 13 responsible for the person are unable to pay the costs, 14 14 application for authorization of voluntary admission must be 14 15 made through a single entry point process before application 14 16 for admission is made to the hospital. The person's county of 14 17 legal settlement shall be determined through the single entry 14 18 point process and if the admission is approved through the 14 19 single entry point process, the person's admission to a mental 14 20 health hospital shall be authorized as a voluntary case. The 14 21 authorization shall be issued on forms provided by the 14 22 administrator. The costs of the hospitalization shall be paid 14 23 by the county of legal settlement to the department of human 14 24 services and credited to the general fund of the state, 14 25providingprovided that the mental health hospital rendering 14 26 the services has certified to the county auditor of the county 14 27 of legal settlement the amount chargeable to the county and 14 28 has sent a duplicate statement of the charges to the 14 29 department of human services. A county shall not be billed 14 30 for the cost of a patient unless the patient's admission is 14 31 authorized through the single entry point process. The mental 14 32 health institute and the county shall work together to locate 14 33 appropriate alternative placements and services, and to 14 34 educate patients and family members of patients regarding such 14 35 alternatives. 15 1 All the provisions of chapter 230 shall apply to such 15 2 voluntary patients so far as is applicable. 15 3 The provisions of this section and of section 229.41 shall 15 4 apply to all voluntary inpatients or outpatients receiving 15 5 mental health services either away from or at the institution 15 6receiving mental health services. 15 7 If a county fails to pay the billed charges within forty- 15 8 five days from the date the county auditor received the 15 9 certification statement from the superintendent, the 15 10 department of human services shall charge the delinquent 15 11 county the penalty of one percent per month on and after 15 12 forty-five days from the date the county received the 15 13 certification statement until paid. The penalties received 15 14 shall be credited to the general fund of the state. 15 15 Sec. 22. Section 232.21, subsection 4, Code Supplement 15 16 2001, is amended to read as follows: 15 17 4. A child placed in a shelter care facility under this 15 18 section shall not be held for a period in excess of forty- 15 19 eight hours without an oral or written court order authorizing 15 20 the shelter care. When the action is authorized by an oral 15 21 court order, the court shall enter a written order before the 15 22 end of the next day confirming the oral order and indicating 15 23 the reasons for the order. A child placed in shelter care 15 24 pursuant to section 232.19, subsection 1, paragraph "c", shall 15 25 not be held in excess of seventy-two hours in any event. If 15 26 deemed appropriate by the court, an order authorizing shelter 15 27 care placement may include a determination that continuation 15 28 of the child in the child's home is contrary to the child's 15 29 welfare and that reasonable efforts as defined in section 15 30 232.57 have been made. The inclusion of such a determination 15 31 shall not under any circumstances be deemed a prerequisite for 15 32 entering an order pursuant to this section. However, the 15 33 inclusion of such a determination, supported by the record, 15 34 may be used by the department to assistthe departmentin 15 35 obtaining federal funding for the child's placement. 16 1 Sec. 23. Section 232.111, subsection 2, paragraph a, 16 2 subparagraph (3), Code Supplement 2001, is amended to read as 16 3 follows: 16 4 (3) The child is less than twelve months of age and has 16 5 been judicially determined tomeet the definition of16 6abandonment of a childhave been abandoned or the child is a 16 7 newborn infant whose parent has voluntarily released custody 16 8 of the child in accordance with chapter 233. 16 9 Sec. 24. Section 249A.19, Code 2001, is amended to read as 16 10 follows: 16 11 249A.19 HEALTH CARE FACILITIES – PENALTY. 16 12 The department shall adopt rules pursuant to chapter 17A to 16 13 assess and collect, with interest, a civil penalty for each 16 14 day a health care facility which receives medical assistance 16 15 reimbursements does not comply with the requirements of the 16 16 federal Social Security Act, section 1919, as codified in 42 16 17 U.S.C. } 1396r. A civil penalty shall not exceed the amount 16 18 authorized under 42 C.F.R. } 488.438 for health care facility 16 19 violations. Any moneys collected by the department pursuant 16 20 to this section shall be applied to the protection of the 16 21 health or property of the residents of the health care 16 22 facilities which are determined by the state or by the federal 16 23health care financing administrationcenters for Medicare and 16 24 Medicaid services to be out of compliance. The purposes for 16 25 which the collected moneys shall be applied may include 16 26 payment for the costs of relocation of residents to other 16 27 facilities, maintenance or operation of a health care facility 16 28 pending correction of deficiencies or closure of the facility, 16 29 and reimbursing residents for personal funds lost. If a 16 30 health care facility is assessed a civil penalty under this 16 31 section, the health care facility shall not be assessed a 16 32 penalty under section 135C.36 for the same violation. 16 33 Sec. 25. Section 249A.27, subsection 2, Code 2001, is 16 34 amended to read as follows: 16 35 2. If the department is the case management contractor, 17 1 the state shall be responsible for any costs included within 17 2 the unit rate for case management services which are 17 3 disallowed for medical assistance reimbursement by the federal 17 4health care financing administrationcenters for Medicare and 17 5 Medicaid services. The contracting county shall be credited 17 6 for the county's share of any amounts overpaid due to the 17 7 disallowed costs. However, if certain costs are disallowed 17 8 due to requirements or preferences of a particular county in 17 9 the provision of case management services, the county shall 17 10 not receive credit for the amount of the costs. 17 11 Sec. 26. Section 249H.4, subsection 4, Code 2001, is 17 12 amended to read as follows: 17 13 4. The trust fund shall be operated in accordance with the 17 14 guidelines of thehealth care financing administrationcenters 17 15 for Medicare and Medicaid services of the United States 17 16 department of health and human services. The trust fund shall 17 17 be separate from the general fund of the state and shall not 17 18 be considered part of the general fund of the state. The 17 19 moneys in the trust fund shall not be considered revenue of 17 20 the state, but rather shall be funds of the senior living 17 21 program. The moneys in the trust fund are not subject to 17 22 section 8.33 and shall not be transferred, used, obligated, 17 23 appropriated, or otherwise encumbered, except to provide for 17 24 the purposes of this chapter. Notwithstanding section 12C.7, 17 25 subsection 2, interest or earnings on moneys deposited in the 17 26 trust fund shall be credited to the trust fund. 17 27 Sec. 27. Section 249H.8, subsection 1, Code 2001, is 17 28 amended to read as follows: 17 29 1. A person operating a PACE program shall have a PACE 17 30 program agreement with thehealth care financing17 31administrationcenters for Medicare and Medicaid services of 17 32 the United States department of health and human services, 17 33 shall enter into a contract with the department of human 17 34 services, and shall comply with 42 U.S.C. } 1396(u)(4) and all 17 35 regulations promulgated pursuant to that section. 18 1 Sec. 28. Section 263.9, Code Supplement 2001, is amended 18 2 to read as follows: 18 3 263.9 ESTABLISHMENT AND OBJECTIVES. 18 4 The state board of regents is hereby authorized to 18 5 establish and maintain in reasonable proximity to Iowa City 18 6 and in conjunction with the state university of Iowa and the 18 7 universityhospitalhospitals and clinics, a center for 18 8 disabilities and development having as its objects the 18 9 education and treatment of children with severe disabilities. 18 10 The center shall be conducted in conjunction with the 18 11 activities of the university of Iowa children's hospital. 18 12 Insofar as is practicable, the facilities of the university 18 13 children's hospital shall be utilized. 18 14 Sec. 29. Section 263.10, Code Supplement 2001, is amended 18 15 to read as follows: 18 16 263.10 PERSONS ADMITTED. 18 17 Every resident of the state who is not more than twenty-one 18 18 years of age, who has such severe disabilities as to be unable 18 19 to acquire an education in the common schools, and every such 18 20 person who is twenty-one and under thirty-five years of age 18 21 who has the consent of the state board of regents, shall be 18 22 entitled to receive an education, care, and training in the 18 23 university of Iowa hospitals and clinics center for 18 24 disabilities and development, and nonresidents similarly 18 25 situated may be entitled to an education and care at the 18 26 center upon such terms as may be fixed by the state board of 18 27 regents. The fee for nonresidents shall be not less than the 18 28 average expense of resident pupils and shall be paid in 18 29 advance. Residents and persons under the care and control of 18 30 a director of a division of the department of human services 18 31 who have severe disabilities may be transferred to the center 18 32 upon such terms as may be agreed upon by the state board of 18 33 regents and the director. 18 34 Sec. 30. Section 263.13, Code Supplement 2001, is amended 18 35 to read as follows: 19 1 263.13 GIFTS ACCEPTED. 19 2 The state board of regents is authorized to accept, for the 19 3 benefit of the university hospitals and clinics center for 19 4 disabilities and development, gifts, devises, or bequests of 19 5 property, real or personal including grants from the federal 19 6 government. The state board of regents may exercise such 19 7 powers with reference to the management, sale, disposition, 19 8 investment, or control of property so given, devised, or 19 9 bequeathed, as may be deemed essential to its preservation and 19 10 the purposes for which made. No contribution or grant shall 19 11 be received or accepted if any condition is attached as to its 19 12 use or administration other than it be used for aid to the 19 13 center as provided in this division. 19 14 Sec. 31. Section 317.25, Code Supplement 2001, is amended 19 15 to read as follows: 19 16 317.25 TEASEL, MULTIFLORA ROSE, AND PURPLE LOOSESTRIFE 19 17 PROHIBITED – EXCEPTIONS. 19 18 A person shall not import, sell, offer for sale, or 19 19 distribute teasel (Dipsacus) biennial, the multiflora rose 19 20 (rosaRosa multiflora), purple loosestrife (lythrumLythrum 19 21 salicaria), purple loosestrife (lythrumLythrum virgatum), or 19 22 seeds of them in any form in this state. However, this 19 23 section does not prohibit the sale, offer for sale, or 19 24 distribution of the multiflora rose (rosaRosa multiflora) 19 25 used for understock for either cultivated roses or ornamental 19 26 shrubs in gardens. Any person violating the provisions of 19 27 this section is subject to a fine of not exceeding one hundred 19 28 dollars. 19 29 Sec. 32. Section 321.20B, subsection 4, paragraph b, 19 30 subparagraph (2), subparagraph subdivisions (a) and (b), Code 19 31 Supplement 2001, are amended to read as follows: 19 32 (a) Sign an admission of violation on the citation and 19 33 remit to the clerk of court a scheduled fine as provided in 19 34 section805.8805.8A, subsection214, paragraph "f", for a 19 35 violation of subsection 1. Upon payment of the fine to the 20 1 clerk of court of the county where the citation was issued, 20 2 payment of a fifteen dollar administrative fee to the county 20 3 treasurer of the county in which the motor vehicle is 20 4 registered, and providing proof of payment of any applicable 20 5 fine and proof of financial liability coverages to the county 20 6 treasurer of the county in which the motor vehicle is 20 7 registered, the treasurer shall issue new license plates and 20 8 registration to the owner. 20 9 (b) Request an appearance before the court on the matter. 20 10 If the matter goes before the court, and the owner or driver 20 11 is found guilty of a violation of subsection 1, the court may 20 12 impose a fine as provided in section805.8805.8A, subsection 20 13214, paragraph "f", for a violation of subsection 1, or the 20 14 court may order the person to perform unpaid community service 20 15 instead of the fine. Upon the payment of the fine or the 20 16 entry of the order for unpaid community service, the person 20 17 shall provide proof of payment or entry of such order and the 20 18 county treasurer of the county in which the motor vehicle is 20 19 registered shall issue new license plates and registration to 20 20 the owner upon the owner providing proof of financial 20 21 liability coverage and paying a fifteen dollar administrative 20 22 fee to the county treasurer. 20 23 Sec. 33. Section 321.215, subsection 2, unnumbered 20 24 paragraph 1, Code Supplement 2001, is amended to read as 20 25 follows: 20 26 Upon conviction and the suspension or revocation of a 20 27 person's noncommercial driver's license under section 321.209, 20 28 subsection 5 or 6; section 321.210; 321.210A; or 321.513; or 20 29 upon revocation pursuant to a court order issued under section 20 30 901.5, subsection 10; or upon the denial of issuance of a 20 31 noncommercial driver's license under section 321.560, based 20 32 solely on offenses enumerated in section 321.555, subsection 20 33 1, paragraph "c", or section 321.555, subsection 2; or a 20 34 juvenile, whose license has been suspended or revoked pursuant 20 35 to a dispositional order under section 232.52, subsection 2, 21 1 paragraph "a", for a violation of chapter 124 or 453B, or 21 2 section 126.3, a person may petition the district court having 21 3 jurisdictionforover the residence of the person for a 21 4 temporary restricted license to operate a motor vehicle for 21 5 the limited purpose or purposes specified in subsection 1. 21 6 The petition shall include a current certified copy of the 21 7 petitioner's official driving record issued by the department. 21 8 The application may be granted only if all of the following 21 9 criteria are satisfied: 21 10 Sec. 34. Section 321L.3, unnumbered paragraph 3, Code 21 11 Supplement 2001, is amended to read as follows: 21 12 Persons with disabilities parking permits may be returned 21 13 to the department as required by this sectioneitherdirectly 21 14 to the department, to a driver's license station, or to any 21 15 law enforcement office. 21 16 Sec. 35. Section 422.11C, subsection 1, paragraph b, Code 21 17 Supplement 2001, is amended to read as follows: 21 18 b. "Gasoline" means gasoline that meets the specifications 21 19 required by the department of agriculture and land stewardship 21 20 pursuant to section 214A.2 and that is dispensed through a 21 21 metered pump. 21 22 Sec. 36. Section 426B.5, subsection 1, paragraph c, 21 23 unnumbered paragraph 1, Code Supplement 2001, is amended to 21 24 read as follows: 21 25 Moneys available in the per capita expenditure pool for a 21 26 fiscal year shall be distributed to those countieswhothat 21 27 meet all of the following eligibility requirements: 21 28 Sec. 37. Section 437A.15, subsection 3, paragraph c, Code 21 29 Supplement 2001, is amended to read as follows: 21 30 c. If paragraph "b" is applicable, on or before August 1, 21 31 the director shall notify each distribution electric 21 32 cooperative member, each municipal utility purchasing member, 21 33 and each generation and transmission electric cooperative of 21 34 the amount of electric delivery replacement tax topaybe paid 21 35 to the generation and transmission electric cooperative. On 22 1 or before August 1, the director shall notify the generation 22 2 and transmission electric cooperative of the amount of 22 3 replacement tax liability attributable to the excess property 22 4 tax liability that is payable to each county treasurer. The 22 5 director shall determine the amount of any special utility 22 6 property tax levy or tax credit attributable to the excess 22 7 property tax liability which shall be reflected in the amount 22 8 required to be paid by each distribution electric cooperative 22 9 member and each municipal utility purchasing member to the 22 10 generation and transmission electric cooperative. 22 11 Sec. 38. Section 450.4, subsection 4, Code Supplement 22 12 2001, is amended to read as follows: 22 13 4.BequestsOn bequests for the care and maintenance of 22 14 the cemetery or burial lot of the decedent or the decedent's 22 15 family, and bequests not to exceed five hundred dollars in any 22 16 estate of a decedent for the performance of a religious 22 17 service or services by some person regularly ordained, 22 18 authorized, or licensed by some religious society to perform 22 19 such service, which service or services are to be performed 22 20 for or in behalf of the testator or some person named in the 22 21 testator's last will. 22 22 Sec. 39. Section 452A.2, subsection 18, paragraphs a and 22 23 b, Code Supplement 2001, are amended to read as follows: 22 24 a. All products commonly or commercially known or sold as 22 25 gasoline, including ethanol blended gasoline, casinghead, and 22 26 absorption or natural gasoline, regardless oftheirthe 22 27 products' classifications or uses, and including transmix 22 28 which serves as a buffer between fuel products in the pipeline 22 29 distribution process. 22 30 b. Any liquid advertised, offered for sale, sold for use 22 31 as, or commonly or commercially used as a fuel for propelling 22 32 motor vehicles which, when subjected to distillation of 22 33 gasoline, naphtha, kerosene and similar petroleum products 22 34 (AmericanSociety of Testing Materials Designationsociety for 22 35 testing and materials designation D-86), shows not less than 23 1 ten per centum distilled (recovered) below three hundred 23 2 forty-seven degrees Fahrenheit (one hundred seventy-five 23 3 degrees Centigrade) and not less than ninety-five per centum 23 4 distilled (recovered) below four hundred sixty-four degrees 23 5 Fahrenheit (two hundred forty degrees Centigrade). 23 6 Sec. 40. Section 452A.2, subsection 20, Code Supplement 23 7 2001, is amended to read as follows: 23 8 20. "Racing fuel" means leaded gasoline of one hundred ten 23 9 octane or more that does not meet American societyoffor 23 10 testing and materials designation D-4814 for gasoline and is 23 11 sold in bulk for use in nonregistered motor vehicles. 23 12 Sec. 41. Section 455B.484, subsection 3, Code Supplement 23 13 2001, is amended to read as follows: 23 14 3. Administer and coordinate the land quality and waste 23 15 management trust fund created under this part. 23 16 Sec. 42. Section 455G.3, subsection 6, unnumbered 23 17 paragraph 1, Code Supplement 2001, is amended to read as 23 18 follows: 23 19 There is appropriated from the unassigned revenue fund 23 20 administered by the Iowa comprehensive petroleum underground 23 21 storage tank fund board to the following funds for the fiscal 23 22 year beginning July 1, 2001, and ending June 30, 2002, the 23 23 following amounts as specified: 23 24 Sec. 43. Section 462A.15, subsection 2, Code Supplement 23 25 2001, is amended to read as follows: 23 26 2.The provisions of subsections 1 and 2 of this section23 27doThis section does not apply to a performer engaged in a 23 28 professional exhibition or a person or persons engaged in a 23 29 professional exhibition or a person or persons engaged in an 23 30 activity authorized under section 462A.16. 23 31 Sec. 44. Section 505.11, Code Supplement 2001, is amended 23 32 to read as follows: 23 33 505.11 REFUNDS. 23 34 Whenever it appears to the satisfaction of the commissioner 23 35 of insurance that, because of error, mistake, or erroneous 24 1 interpretation of statute,thata foreign or domestic 24 2 insurance corporation has paid to the state of Iowa taxes, 24 3 fines, penalties, or license fees in excess of the amount 24 4 legally chargeable against it, the commissioner of insurance 24 5 shall have power to refund to such corporation any such excess 24 6 by applying the amount of the excess payment toward the 24 7 payment of taxes, fines, penalties, or license fees already 24 8 due or which may become due, until such excess payments have 24 9 been fully refunded. 24 10 Sec. 45. Section 514I.3, subsection 3, Code 2001, is 24 11 amended to read as follows: 24 12 3. The department of human services is designated to 24 13 receive the state and federal funds appropriated or provided 24 14 for the program, and to submit and maintain the state plan for 24 15 the program, which is approved by thehealth care financing24 16administrationcenters for Medicare and Medicaid services of 24 17 the United States department of health and human services. 24 18 Sec. 46. Section 518A.35, Code Supplement 2001, is amended 24 19 to read as follows: 24 20 518A.35 ANNUAL TAX. 24 21 A state mutual insurance association doing business under 24 22 this chapter shall on or before the first day of March, each 24 23 year, pay to the director ofthe department ofrevenue and 24 24 finance, or a depository designated by the director, a sum 24 25 equivalent to two percent of the gross receipts from premiums 24 26 and fees for business done within the state, including all 24 27 insurance upon property situated in the state without 24 28 including or deducting any amounts received or paid for 24 29 reinsurance. However, a company reinsuring windstorm or hail 24 30 risks written by county mutual insurance associations is 24 31 required to pay a two percent tax on the gross amount of 24 32 reinsurance premiums received upon such risks, but after 24 33 deducting the amount returned upon canceled policies and 24 34 rejected applications covering property situated within the 24 35 state, and dividends returned to policyholders on property 25 1 situated within the state. 25 2 Sec. 47. Section 522B.3, subsection 2, unnumbered 25 3 paragraph 1, Code Supplement 2001, is amended to read as 25 4 follows: 25 5 A license as an insurance producer shall not be required of 25 6 any of the following: 25 7 Sec. 48. Section 522B.6, subsection 2, paragraph e, Code 25 8 Supplement 2001, is amended to read as follows: 25 9 e. Variable life and variable annuity products insurance 25 10providingcoverage provided under variable life insurance 25 11 contracts and variable annuities. 25 12 Sec. 49. Section 522B.16, unnumbered paragraph 1, Code 25 13 Supplement 2001, is amended to read as follows: 25 14 An insurance producer shall report to the commissioner any 25 15 administrative action taken against the insurance producer in 25 16 another jurisdiction or by another governmental agency in this 25 17 state within thirty days of the final disposition of the 25 18 matter. This report shall include a copy of the order, 25 19 consent to the order,orand other relevant legal documents. 25 20 Sec. 50. Section 523A.901, subsection 9, paragraph g, Code 25 21 Supplement 2001, is amended to read as follows: 25 22 g. The court shall have summary jurisdictionofin a 25 23 proceeding by a liquidator to hear and determine the rights of 25 24 the parties under this section. Reasonable notice of hearing 25 25 in the proceeding shall be given to all parties in interest, 25 26 including the obligee of a releasing bond or other like 25 27 obligation. Where an order is entered for the recovery of 25 28 indemnifying property in kind or for the avoidance of an 25 29 indemnifying lien, upon application of any party in interest, 25 30 the court shall in the same proceeding ascertain the value of 25 31 the property or lien. If the value is less than the amount 25 32 for which the property is indemnified or less than the amount 25 33 of the lien, the transferee or lienholder may elect to retain 25 34 the property or lien upon payment of its value, as ascertained 25 35 by the court, to the liquidator within the time as fixed by 26 1 the court. 26 2 Sec. 51. Section 614.1, subsection 2A, paragraph b, Code 26 3 2001, is amended to read as follows: 26 4 b. (1) The fifteen-year limitation in paragraph "a" shall 26 5 not apply to the time period in which to discover a disease 26 6 that is latent and caused by exposure to a harmful material, 26 7 in which event the cause of action shall be deemed to have 26 8 accrued when the disease and such disease's cause have been 26 9 made known to the person or at the point the person should 26 10 have been aware of the disease and such disease's cause. This 26 11 subsection shall not apply to cases governed bysection 614.1,26 12 subsection 11 of this section. 26 13 (2) As used in this paragraph, "harmful material" means 26 14siliconsilicone gel breast implants, which were implanted 26 15 prior to July 12, 1992; and chemical substances commonly known 26 16 as asbestos, dioxins, tobacco, or polychlorinated biphenyls, 26 17 whether alone or as part of any product; or any substance 26 18 which is determined to present an unreasonable risk of injury 26 19 to health or the environment by the United States 26 20 environmental protection agency pursuant to the federal Toxic 26 21 Substance Control Act, 15 U.S.C. } 2601 et seq., or by this 26 22 state, if that risk is regulated by the United States 26 23 environmental protection agency or this state. 26 24 Sec. 52. Section 672.1, subsection 2, Code Supplement 26 25 2001, is amended to read as follows: 26 26 2. A gleaner, or a restaurant, food establishment, food 26 27 service establishment, school, manufacturer of foodstuffs, 26 28 meatandor poultry establishment licensed pursuant to chapter 26 29 189A, or other person who, in good faith, donates food to a 26 30 charitable or nonprofit organization for ultimate free 26 31 distribution to needy individuals is not subject to criminal 26 32 or civil liability arising from the condition of the food if 26 33 the donor reasonably inspects the food at the time of the 26 34 donation and finds the food fit for human consumption. The 26 35 immunity provided by this subsection does not extend to a 27 1 donor or gleaner if damages result from the negligence, 27 2 recklessness, or intentional misconduct of the donor, or if 27 3 the donor or gleaner has, or should have had, actual or 27 4 constructive knowledge that the food is tainted, contaminated, 27 5 or harmful to the health or well-being of the ultimate 27 6 recipient. 27 7 Sec. 53. Section 713.6A, subsection 2, Code Supplement 27 8 2001, is amended to read as follows: 27 9 2. Burglary in the third degree involving a burglary of an 27 10 unoccupied motor vehicle or motor truck as defined in section 27 11 321.1, or a vessel defined in section 462A.2, is an aggravated 27 12 misdemeanor for a first offense. A second or subsequent 27 13 conviction under thissectionsubsection is punishable under 27 14 subsection 1. 27 15 Sec. 54. Section 713.6B, subsection 2, Code Supplement 27 16 2001, is amended to read as follows: 27 17 2. Attempted burglary in the third degree involving an 27 18 attempted burglary of an unoccupied motor vehicle or motor 27 19 truck as defined in section 321.1, or a vessel defined in 27 20 section 462A.2, is a serious misdemeanor for a first offense. 27 21 A second or subsequent conviction under thissection27 22 subsection is punishable under subsection 1. 27 23 Sec. 55. Section 902.9, unnumbered paragraph 2, Code 27 24 Supplement 2001, is amended to read as follows: 27 25 The criminal penalty surcharge required by sections 911.2 27 26 and 911.3 shall be added to a fine imposed on a class "C" or 27 27 class "D" felon, as provided bythat sectionthose sections, 27 28 and is not a part of or subject to the maximums set in this 27 29 section. 27 30 Sec. 56. Section 907.3, subsection 1, paragraph m, Code 27 31 Supplement 2001, is amended to read as follows: 27 32 m. Theoffensesentence is for a determinate term of 27 33 confinement or an additional indeterminate term of years as 27 34 provided in section 902.3A. 27 35 Sec. 57. Section 907.3, subsection 2, paragraph g, Code 28 1 Supplement 2001, is amended to read as follows: 28 2 g. Theoffensesentence is for a determinate term of 28 3 confinement or an additional indeterminate term of years as 28 4 provided in section 902.3A. 28 5 2001 IOWA ACTS AMENDMENTS 28 6 Sec. 58. Section 542D.4, subsection 1, as enacted by 2001 28 7 Iowa Acts, chapter 55, section 4, is amended to read as 28 8 follows: 28 9 1. An Iowa accountancy examining board is created within 28 10 the professional licensing and regulation division of the 28 11 department of commerce to administer and enforce this chapter. 28 12 The board shall consist of eight members, appointed by the 28 13 governor and subject to senate confirmation, all of whom shall 28 14 be residents of this state. Five of the eight members shall 28 15 be holders of certificates issued under section 542D.6, one 28 16 member shall be the holder of a license issued under section 28 17 542D.8, and two shall not be certified public accountants or 28 18 licensed public accountants and shall represent the general 28 19 public.Not fewer thanAt least three of the holders of 28 20 certificates issued under section 542D.6 shall also be 28 21 qualified to supervise attest services as provided in section 28 22 542D.7. A certified or licensed member of the board shall be 28 23 actively engaged in practice as a certified public accountant 28 24 or as a licensed public accountant and shall have been so 28 25 engaged for five years preceding appointment, the last two of 28 26 which shall have been in this state. Professional 28 27 associations or societies composed of certified public 28 28 accountants or licensed public accountants may recommend the 28 29 names of potential board members to the governor. However, 28 30 the governor is not bound by the recommendations. A board 28 31 member is not required to be a member of any professional 28 32 association or society composed of certified public 28 33 accountants or licensed public accountants. The term of each 28 34 member of the board shall be three years, as designated by the 28 35 governor, and appointments to the board are subject to the 29 1 requirements of sections 69.16, 69.16A, and 69.19. Members of 29 2 the board appointed and serving pursuant to chapter 542C, Code 29 3 2001, on the effective date of this Act shall serve out the 29 4 terms for which they were appointed. Vacancies occurring 29 5 during a term shall be filled by appointment by the governor 29 6 for the unexpired term. Upon the expiration of the member's 29 7 term of office, a member shall continue to serve until a 29 8 successor shall have been appointed and taken office. The 29 9 public members of the board shall be allowed to participate in 29 10 administrative, clerical, or ministerial functions incident to 29 11 giving the examinations, but shall not determine the content 29 12 or determine the correctness of the answers. The licensed 29 13 public accountant member shall not determine the content of 29 14 the certified public accountant examination or determine the 29 15 correctness of the answers. Any member of the board whose 29 16 certificate under section 542D.6 or license under section 29 17 542D.8 is revoked or suspended shall automatically cease to be 29 18 a member of the board, and the governor may, after a hearing, 29 19 remove any member of the board for neglect of duty or other 29 20 just cause. A person who has served three successive complete 29 21 terms shall not be eligible for reappointment, but appointment 29 22 to fill an unexpired term shall not be considered a complete 29 23 term for this purpose. 29 24 Sec. 59. Section 257.14, subsection 1, Code 2001, as 29 25 amended by 2001 Iowa Acts, chapter 126, section 9, is amended 29 26 to read as follows: 29 27 1. For the budget year commencing July 1, 2001, if the 29 28 department of management determines that the regular program 29 29 district cost of a school district for a budget year is less 29 30 than the total of the regular program district cost plus any 29 31 adjustment added under this section for the base year for that 29 32 school district, the school district shall be eligible to 29 33 receive a budget adjustment for that district for that budget 29 34 year up to an amount equal to the difference. The board of 29 35 directors of a school district that wishes to receive a budget 30 1 adjustment pursuant to this subsection shall, notwithstanding 30 2 the public notice and hearing provisions of chapter 24 or any 30 3 other provision to the contrary, within thirty days following 30 4 the effective date of this section of this Act, adopt a 30 5 resolution to receive the budget adjustment and immediately 30 6 notify the department of management of the adoption of the 30 7 resolution and the amount of the budget adjustment to be 30 8 received. 30 9 Sec. 60. 2001 Iowa Acts, chapter 153, section 16, is 30 10 amended to read as follows: 30 11 SEC. 16. Sections 103A.9, 135I.4, 306C.10, 321.251, 30 12 331.301, 335.30, 414.28, 422.42, 427.1, 435.22, 435.23, 30 13 435.24, 435.26, 435.27, 435.28, 435.34, 435.35, 441.17, 30 14 555B.1, 555C.2, 555C.3, 555C.4, 557B.1, 562B.1, 562B.13, 30 15 562B.14,562B.15,562B.16, 562B.17, 562B.18, 562B.19, 562B.22, 30 16562B.23,562B.24, 562B.32, 648.22A, and 648.22B, Code 2001, 30 17 are amended by inserting before the words "mobile home park" 30 18 or "park" the words "manufactured home community or". 30 19 Sec. 61. 2001 Iowa Acts, chapter 183, section 20, the 30 20 amending clause, is amended to read as follows: 30 21 Section169.4169A.4, Code 2001, is amended to read as 30 22 follows: 30 23 Sec. 62. 2001 Iowa Acts, chapter 185, section 48, 30 24 subsection 2, is amended to read as follows: 30 25 2. Until bond proceeds are received by the tobacco 30 26 settlement authority and deposited in the tax-exempt bond 30 27 proceeds restricted capital funds account of the tobacco 30 28 settlement trust fund, payments for costs incurred for 30 29 projects for which appropriations are made in section 25of30 30this divisionof this Act may be made from the rebuild Iowa 30 31 infrastructure fund. Upon receipt of bond proceeds and 30 32 deposit of the proceeds in the tax-exempt bond proceeds 30 33 restricted capital funds account, such payments shall be 30 34 reimbursed to the rebuild Iowa infrastructure fund from the 30 35 tax-exempt bond proceeds restricted capital funds account, 31 1 subject, however, to any applicable limitations on the use of 31 2 the proceeds as provided in the Internal Revenue Code and this 31 3 Act. 31 4 Sec. 63. 2001 Iowa Acts, chapter 189, section 11, is 31 5 amended by striking the section and inserting in lieu thereof 31 6 the following: 31 7 SEC. 11. Section 304.13A, subsection 1, Code 2001, is 31 8 amended to read as follows: 31 9 1. An agencyrequired to compile and maintain a report,31 10 which produces or makes available for public inspection 31 11 written reports or newsletters on and after July 1, 2001, 31 12 shall maintain such report or newsletter in an electronic 31 13 form, giving consideration to the standards for electronic 31 14 records recommended by the information technology department. 31 15 Such agency, by itself, or with the assistance of the 31 16 information technology department, shall also make the report 31 17 or newsletter accessible to the public through the internet as 31 18 provided in subsection 2 and through other electronic means. 31 19 Sec. 64. 2001 Iowa Acts, chapter 189, is amended by adding 31 20 the following new section: 31 21 NEW SECTION. SEC. 11A. Section 304.13A, subsection 2, 31 22 unnumbered paragraph 1, Code 2001, is amended to read as 31 23 follows: 31 24 A copy of allrequiredagency reports or newsletters 31 25 maintained pursuant to subsection 1 shall be located at an 31 26 internet site maintained by the information technology 31 27 department in consultation with the state librarian, and all 31 28requiredsuch reports or newsletters shall be placed on 31 29 electronic media. The state librarian shall provide for the 31 30 distribution of such copies to a public library in this state 31 31 requesting such copy. 31 32 Sec. 65. EFFECTIVE DATES – RETROACTIVE APPLICABILITY. 31 33 1. The section of this Act amending section 257.14, 31 34 subsection 1, as amended by 2001 Iowa Acts, chapter 126, 31 35 section 9, takes effect upon enactment and is retroactively 32 1 applicable to May 9, 2001. 32 2 2. The section of this Act amending 2001 Iowa Acts, 32 3 chapter 153, section 16, 2001 Iowa Acts, chapter 183, section 32 4 20, and 2001 Iowa Acts, chapter 189, section 11, and amending 32 5 2001 Iowa Acts, chapter 189, by adding a new section take 32 6 effect upon enactment and are retroactively applicable on and 32 7 after July 1, 2001. 32 8 32 9 32 10 32 11 MARY E. KRAMER 32 12 President of the Senate 32 13 32 14 32 15 32 16 BRENT SIEGRIST 32 17 Speaker of the House 32 18 32 19 I hereby certify that this bill originated in the Senate and 32 20 is known as Senate File 2201, Seventy-ninth General Assembly. 32 21 32 22 32 23 32 24 MICHAEL E. MARSHALL 32 25 Secretary of the Senate 32 26 Approved , 2002 32 27 32 28 32 29 32 30 THOMAS J. VILSACK 32 31 Governor
Text: SF02200 Text: SF02202 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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