Text: SF02274                           Text: SF02276
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2275

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2275
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE TO
  1  5    REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE
  1  6    REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE,
  1  7    RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING
  1  8    PROVISIONS, OR REMOVE AMBIGUITIES AND INCLUDING EFFECTIVE
  1  9    AND RETROACTIVE APPLICABILITY DATE PROVISIONS.  
  1 10 
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12 
  1 13                           DIVISION I
  1 14    Section 1.  Section 7A.20, subsection 1, Code Supplement
  1 15 2001, is amended by striking the subsection.
  1 16    Sec. 2.  Section 9E.15, Code Supplement 2001, is amended to
  1 17 read as follows:
  1 18    9E.15  SHORT FORMS.
  1 19    The following short form certificates of notarial acts are
  1 20 sufficient for the purposes indicated, if completed with the
  1 21 information required by section 9E.14, subsection 1.
  1 22    1.  For an acknowledgment in an individual capacity:  
  1 23 State of ........................
  1 24 (County) of .......................
  1 25    This instrument was acknowledged before me on 
  1 26 ............ by .................................
  1 27     (date)              (name(s) of person(s))
  1 28 ..............
  1 29 (signature of notarial officer)
  1 30                                (Stamp or Seal)
  1 31 ....................
  1 32 Title (and Rank)
  1 33 [My commission expires: ..]
  1 34    2.  For an acknowledgment in a representative capacity:  
  1 35 State of ........................
  2  1 (County) of .......................
  2  2    This instrument was acknowledged before me on (date) by
  2  3 (name(s) of person(s)) as (type of authority, e.g., officer,
  2  4 trustee, etc.) of (name of party on behalf of whom instrument
  2  5 was executed).  
  2  6 ...............................
  2  7 (signature of notarial officer)
  2  8                                (Stamp or Seal)
  2  9 ....................
  2 10 Title (and Rank)
  2 11 [My commission expires: ..]
  2 12    3.  For a verification upon oath or affirmation:  
  2 13 State of ........................
  2 14 (County) of .......................
  2 15    Signed and sworn to (or affirmed) before me on
  2 16 ....................  by ....................  
  2 17     (date)               (name(s) of person(s)
  2 18                               making statement)
  2 19 ..............................
  2 20 (signature of notarial officer)
  2 21                                (Stamp or Seal)
  2 22 ..............
  2 23 Title (and Rank)
  2 24 [My commission expires: ..]
  2 25    4.  For witnessing or attesting a signature:  
  2 26 State of ........................
  2 27 (County) of ........................
  2 28    Signed or attested before me on
  2 29 ....................  by  ...................
  2 30     (date)              (name(s) of person(s))
  2 31 ..............................
  2 32 (signature of notarial officer)
  2 33                                (Stamp or Seal)
  2 34 ..............
  2 35 Title (and Rank)
  3  1 [My commission expires: ..]
  3  2    5.  For attestation of a copy of a document:  
  3  3 State of ........................
  3  4 (County) of .......................
  3  5    I certify that this is a true and correct copy of a
  3  6 document in the possession of ........  
  3  7 Dated ..................
  3  8 ..............................
  3  9 (signature of notarial officer)
  3 10                                (Stamp or Seal)
  3 11 ..............
  3 12 Title (and Rank)
  3 13 [My commission expires: ..]
  3 14    Sec. 3.  Section 12.72, subsection 4, paragraph d, Code
  3 15 Supplement 2001, is amended to read as follows:
  3 16    d.  To assure the continued solvency of any bonds secured
  3 17 by the bond reserve fund, provision is made in paragraph "a"
  3 18 for the accumulation in each bond reserve fund of an amount
  3 19 equal to the bond reserve fund requirement for the fund.  In
  3 20 order further to assure maintenance of the bond reserve funds,
  3 21 the treasurer shall, on or before January 1 of each calendar
  3 22 year, make and deliver to the governor the treasurer's
  3 23 certificate stating the sum, if any, required to restore each
  3 24 bond reserve fund to the bond reserve fund requirement for
  3 25 that fund.  Within thirty days after the beginning of the
  3 26 session of the general assembly next following the delivery of
  3 27 the certificate, the governor shall submit to both houses
  3 28 printed copies of a budget including the sum, if any, required
  3 29 to restore each bond reserve fund to the bond reserve fund
  3 30 requirement for that fund.  Any sums appropriated by the
  3 31 general assembly and paid to the treasurer pursuant to this
  3 32 subsection shall be deposited by the authority treasurer in
  3 33 the applicable bond reserve fund.
  3 34    Sec. 4.  Section 12.82, subsection 4, paragraph d, Code
  3 35 Supplement 2001, is amended to read as follows:
  4  1    d.  To assure the continued solvency of any bonds secured
  4  2 by the bond reserve fund, provision is made in paragraph "a"
  4  3 for the accumulation in each bond reserve fund of an amount
  4  4 equal to the bond reserve fund requirement for the fund.  In
  4  5 order further to assure maintenance of the bond reserve funds,
  4  6 the treasurer shall, on or before January 1 of each calendar
  4  7 year, make and deliver to the governor the treasurer's
  4  8 certificate stating the sum, if any, required to restore each
  4  9 bond reserve fund to the bond reserve fund requirement for
  4 10 that fund.  Within thirty days after the beginning of the
  4 11 session of the general assembly next following the delivery of
  4 12 the certificate, the governor shall submit to both houses
  4 13 printed copies of a budget including the sum, if any, required
  4 14 to restore each bond reserve fund to the bond reserve fund
  4 15 requirement for that fund.  Any sums appropriated by the
  4 16 general assembly and paid to the treasurer pursuant to this
  4 17 subsection shall be deposited by the authority treasurer in
  4 18 the applicable bond reserve fund.
  4 19    Sec. 5.  Section 15.333, subsections 1 and 2, Code
  4 20 Supplement 2001, are amended to read as follows:
  4 21    1.  An eligible business may claim a corporate tax credit
  4 22 up to a maximum of ten percent of the new investment which is
  4 23 directly related to new jobs created by the location or
  4 24 expansion of an eligible business under the program.  Any
  4 25 credit in excess of the tax liability for the tax year may be
  4 26 credited to the tax liability for the following seven years or
  4 27 until depleted, whichever occurs earlier.  Subject to prior
  4 28 approval by the department of economic development in
  4 29 consultation with the department of revenue and finance, an
  4 30 eligible business whose project primarily involves the
  4 31 production of value-added agricultural products may elect to
  4 32 receive a refund of all or a portion of an unused tax credit.
  4 33 For purposes of this section, an eligible business includes a
  4 34 cooperative described in section 521 of the Internal Revenue
  4 35 Code which is not required to file an Iowa corporate income
  5  1 tax return, and whose project primarily involves the
  5  2 production of ethanol.  The refund may be used against a tax
  5  3 liability imposed under chapter 422, division II, III, or V.
  5  4 If the business is a partnership, subchapter S corporation,
  5  5 limited liability company, or estate or trust electing to have
  5  6 the income taxed directly to the individual, an individual may
  5  7 claim the tax credit allowed.  The amount claimed by the
  5  8 individual shall be based upon the pro rata share of the
  5  9 individual's earnings of the partnership, subchapter S
  5 10 corporation, limited liability company, or estate or trust.
  5 11 For purposes of this section, "new investment directly related
  5 12 to new jobs created by the location or expansion of an
  5 13 eligible business under the program" means the cost of
  5 14 machinery and equipment, as defined in section 427A.1,
  5 15 subsection 1, paragraphs "e" and "j", purchased for use in the
  5 16 operation of the eligible business, the purchase price of
  5 17 which has been depreciated in accordance with generally
  5 18 accepted accounting principles, and the cost of improvements
  5 19 made to real property which is used in the operation of the
  5 20 eligible business.
  5 21    2.  An eligible business whose project primarily involves
  5 22 the production of value-added agricultural products, that
  5 23 elects to receive a refund of all or a portion of an unused
  5 24 tax credit, shall apply to the department of economic
  5 25 development for tax credit certificates.  An eligible business
  5 26 whose project primarily involves the production of value-added
  5 27 agricultural products shall not claim a tax credit under this
  5 28 section unless a tax credit certificate issued by the
  5 29 department of economic development is attached to the
  5 30 taxpayer's tax return for the tax year during for which the
  5 31 tax credit is claimed.  For purposes of this section, an
  5 32 eligible business includes a cooperative described in section
  5 33 521 of the Internal Revenue Code which is not required to file
  5 34 an Iowa corporate income tax return, and whose project
  5 35 primarily involves the production of ethanol.  A tax credit
  6  1 certificate shall not be valid until the tax year following
  6  2 the date of the project completion.  A tax credit certificate
  6  3 shall contain the taxpayer's name, address, tax identification
  6  4 number, the date of project completion, the amount of the tax
  6  5 credit, other information required by the department of
  6  6 revenue and finance.  The department of economic development
  6  7 shall not issue tax credit certificates which total more than
  6  8 four million dollars during a fiscal year.  If the department
  6  9 receives applications for tax credit certificates in excess of
  6 10 four million dollars, the applicants shall receive
  6 11 certificates for a prorated amount.  The tax credit
  6 12 certificates shall not be transferred.  For a cooperative
  6 13 described in section 521 of the Internal Revenue Code that is
  6 14 not required to file an Iowa corporate income tax return, the
  6 15 department of economic development shall require that the
  6 16 cooperative submit a list of its members and the share of each
  6 17 member's interest in the cooperative.  The department shall
  6 18 issue a tax credit certificate to each member contained on the
  6 19 submitted list.
  6 20    Sec. 6.  NEW SECTION.  15E.1  DEFINITION.
  6 21    As used in this chapter, unless the context otherwise
  6 22 requires, "department" means the Iowa department of economic
  6 23 development.
  6 24    Sec. 7.  Section 15E.193C, subsection 7, paragraph c, Code
  6 25 Supplement 2001, is amended to read as follows:
  6 26    c.  The county or city for which an eligible enterprise
  6 27 zone is certified may exempt from all property taxation all or
  6 28 a portion of the value added to the property upon which an
  6 29 eligible development business constructs, expands, or
  6 30 rehabilitates property in an enterprise zone.  The amount of
  6 31 value added for purposes of this paragraph shall be the amount
  6 32 of the increase in assessed valuation of the property
  6 33 following the construction, expansion, or rehabilitation by
  6 34 the development business in the enterprise zone.  If an
  6 35 exemption provided pursuant to this paragraph is made
  7  1 applicable to only a portion of the property within an
  7  2 enterprise zone, the definition of that subset of eligible
  7  3 property must be by uniform criteria that further some
  7  4 planning objective established by the city or county
  7  5 enterprise zone commission and approved by the city or county.
  7  6 The exemption may be allowed for a period not to exceed ten
  7  7 years beginning the year the eligible development business
  7  8 enters into an agreement with the county or city to construct,
  7  9 expand, or rehabilitate property in an enterprise zone.
  7 10    Sec. 8.  Section 84A.4, subsection 3, Code Supplement 2001,
  7 11 is amended to read as follows:
  7 12    3.  Section 84A.1A, subsections 2, 3, and 5, apply to the
  7 13 members of a regional advisory board except that the board
  7 14 shall meet if a majority of the members of the board, and not
  7 15 five, file a written request with the chairperson for a
  7 16 meeting.  Members of a regional advisory board shall be
  7 17 allowed their actual and necessary expenses incurred in the
  7 18 performance of their duties.  All expenses shall be paid from
  7 19 appropriations for those purposes and the department of
  7 20 workforce development is subject to the budget requirements of
  7 21 chapter 8.
  7 22    Sec. 9.  Section 85A.20, Code Supplement 2001, is amended
  7 23 to read as follows:
  7 24    85A.20  INVESTIGATION.
  7 25    The workers' compensation commissioner may designate the
  7 26 industrial hygiene physician of the Iowa department of public
  7 27 health and two physicians selected by the dean of the
  7 28 university of Iowa college of medicine, from the staff of the
  7 29 college, who shall be qualified to diagnose and report on
  7 30 occupational diseases.  For the purpose of investigating
  7 31 occupational diseases, the physicians shall have the use,
  7 32 without charge, of all necessary laboratory and other
  7 33 facilities of the university of Iowa college of medicine and
  7 34 of the university hospital at the state university of Iowa,
  7 35 and of the Iowa department of public health in performing its
  8  1 the physicians' duties.
  8  2    Sec. 10.  Section 88.5, subsection 7, Code Supplement 2001,
  8  3 is amended to read as follows:
  8  4    7.  SPECIAL VARIANCE.  Where there are conflicts with
  8  5 standards, rules, or regulations promulgated by any federal
  8  6 agency other than the United States department of labor,
  8  7 special variances from standards, rules, or regulations
  8  8 promulgated under this chapter may be granted to avoid such
  8  9 regulatory conflicts.  Such variances shall take into
  8 10 consideration the safety of the employees involved.
  8 11 Notwithstanding any other provision of this chapter, and with
  8 12 respect to this paragraph subsection, any employer seeking
  8 13 relief under this provision must file an application with the
  8 14 commissioner and the commissioner shall forthwith hold a
  8 15 hearing at which employees or other interested persons,
  8 16 including representatives of the federal regulatory agencies
  8 17 involved, may appear and, upon the showing that such a
  8 18 conflict indeed exists, the commissioner may issue a special
  8 19 variance until the conflict is resolved.
  8 20    Sec. 11.  Section 123.14, subsection 2, Code 2001, is
  8 21 amended to read as follows:
  8 22    2.  The other law enforcement divisions of the department
  8 23 of public safety, the county attorney, the county sheriff and
  8 24 the sheriff's deputies, and the police department of every
  8 25 city, and the alcoholic beverages division of the department
  8 26 of inspections and appeals commerce, shall be supplementary
  8 27 aids to the division of beer and liquor law enforcement.  Any
  8 28 neglect, misfeasance, or malfeasance shown by any peace
  8 29 officer included in this section shall be sufficient cause for
  8 30 the peace officer's removal as provided by law.  Nothing in
  8 31 this section shall be construed to affect the duties and
  8 32 responsibilities of any county attorney or peace officer with
  8 33 respect to law enforcement.
  8 34    Sec. 12.  Section 124C.1, unnumbered paragraph 1, Code
  8 35 2001, is amended to read as follows:
  9  1    As used in this section chapter, unless the context clearly
  9  2 requires otherwise:
  9  3    Sec. 13.  Section 135.63, subsection 4, Code 2001, is
  9  4 amended by striking the subsection.
  9  5    Sec. 14.  Section 135.78, Code 2001, is amended to read as
  9  6 follows:
  9  7    135.78  DATA TO BE COMPILED.
  9  8    Immediately upon July 1, 1978, or as soon thereafter as
  9  9 reasonably possible, the The department shall begin to compile
  9 10 all relevant financial and utilization data in order to have
  9 11 available the statistical information necessary to properly
  9 12 monitor hospital and health care facility charges and costs.
  9 13 Such data shall include necessary operating expenses,
  9 14 appropriate expenses incurred for rendering services to
  9 15 patients who cannot or do not pay, all properly incurred
  9 16 interest charges, and reasonable depreciation expenses based
  9 17 on the expected useful life of the property and equipment
  9 18 involved.  The department shall also obtain from each hospital
  9 19 and health care facility a current rate schedule as well as
  9 20 any subsequent amendments or modifications of that schedule as
  9 21 it may require.  In collection of the data required by
  9 22 sections 135.74 to 135.78, the department and other state
  9 23 agencies shall co-ordinate their reporting requirements.
  9 24    Sec. 15.  Section 154.6, Code Supplement 2001, is amended
  9 25 to read as follows:
  9 26    154.6  EXPIRATION AND RENEWAL OF LICENSES.
  9 27    Every license to practice optometry shall expire in
  9 28 multiyear intervals as determined by the board.  Application
  9 29 for renewal of such license shall be made in writing to the
  9 30 Iowa department of public health at least thirty days prior to
  9 31 the expiration date, accompanied by the required renewal fee,
  9 32 and the licensee shall submit accompanied by evidence of the
  9 33 licensee's attendance of continuing education programs in this
  9 34 field.
  9 35    Sec. 16.  Section 154A.9, Code Supplement 2001, is amended
 10  1 to read as follows:
 10  2    154A.9  APPLICATIONS.
 10  3    Applications for licensure or for a temporary permit shall
 10  4 be on forms prescribed and furnished by the board and shall
 10  5 not require that a recent photograph of the applicant be
 10  6 attached to the application form.  An applicant shall not be
 10  7 ineligible for certification because of age, citizenship, sex,
 10  8 race, religion, marital status or national origin although the
 10  9 application may require citizenship information.  The board
 10 10 may consider the past felony record of an applicant only if
 10 11 the felony conviction relates directly to the practice of
 10 12 fitting or selection and sale of hearing aids.  Character
 10 13 references may be required, but shall not be obtained from
 10 14 licensed hearing aid dispensers.
 10 15    Sec. 17.  Section 154A.20, subsection 3, Code Supplement
 10 16 2001, is amended to read as follows:
 10 17    3.  Whenever any of the following conditions are found to
 10 18 exist either from observations by the licensed hearing aid
 10 19 dispenser or person holding a temporary permit or on the basis
 10 20 of information furnished by a prospective hearing aid user,
 10 21 the hearing aid dispenser or person holding a temporary permit
 10 22 shall, prior to fitting and selling a hearing aid to any
 10 23 individual, suggest to that individual in writing that the
 10 24 individual's best interests would be served if the individual
 10 25 would consult a licensed physician specializing in diseases of
 10 26 the ear, or if no such licensed physician is available in the
 10 27 community, then to a duly licensed physician:
 10 28    a.  Visible congenital or traumatic deformity of the ear.
 10 29    b.  History of, or active drainage from the ear within the
 10 30 previous ninety days.
 10 31    c.  History of sudden or rapidly progressive hearing loss
 10 32 within the previous ninety days.
 10 33    d.  Acute or chronic dizziness.
 10 34    e.  Unilateral hearing loss of sudden or recent onset
 10 35 within the previous ninety days.
 11  1    f.  Significant air-bone gap (greater than or equal to 15dB
 11  2 ANSI 500, 1000 and 2000 Hz. average).
 11  3    g.  Obstruction of the ear canal, either by structures of
 11  4 undetermined origin, such as foreign bodies, impacted cerumen,
 11  5 redness, swelling, or tenderness from localized infections of
 11  6 the otherwise normal ear canal.
 11  7    Sec. 18.  Section 154A.20, subsection 5, Code Supplement
 11  8 2001, is amended to read as follows:
 11  9    5.  No hearing aid shall be sold by any individual licensed
 11 10 under this bill chapter to a person twelve years of age or
 11 11 younger, unless within the preceding six months a
 11 12 recommendation for a hearing aid has been made by a physician
 11 13 specializing in otolaryngology.  A replacement of an identical
 11 14 hearing aid within one year shall be an exception to this
 11 15 requirement.
 11 16    Sec. 19.  Section 154A.23, unnumbered paragraph 1, Code
 11 17 Supplement 2001, is amended to read as follows:
 11 18    Any person wishing to make a complaint against a licensee
 11 19 or holder of a temporary permit shall file a written statement
 11 20 with the board within twelve months from the date of the
 11 21 action upon which the complaint is based.  If the board
 11 22 determines that the complaint alleges facts which, if proven,
 11 23 would be cause for the suspension or revocation of the license
 11 24 of the licensee or the permit of the holder of a temporary
 11 25 permit, it shall make an order fixing a time and place for a
 11 26 hearing and requiring the licensee or holder of a temporary
 11 27 permit complained against to appear and defend.  The order
 11 28 shall contain a copy of the complaint, and the order and copy
 11 29 of the complaint shall be served upon the licensee or holder
 11 30 of a temporary permit at least twenty days before the date set
 11 31 for hearing, either personally or as provided in section
 11 32 154A.21.  Continuance or adjournment of a hearing date may be
 11 33 made for good cause.  At the hearing the licensee or holder of
 11 34 a temporary permit may be represented by counsel.  The
 11 35 licensee or holder of a temporary permit and the board may
 12  1 take depositions in advance of hearing and after service of
 12  2 the complaint, and either may compel the attendance of
 12  3 witnesses by subpoenas issued by the board.  The board shall
 12  4 issue such subpoenas at the request of a licensee or holder of
 12  5 a temporary permit.  Either party taking depositions shall
 12  6 give at least five days' written notice to the other party of
 12  7 the time and place of such depositions, and the other party
 12  8 may attend, with counsel, if desired, and cross-examine.
 12  9    Sec. 20.  Section 161B.1, subsection 2, Code 2001, is
 12 10 amended by striking the subsection.
 12 11    Sec. 21.  Section 163.6, subsection 1, paragraph a, Code
 12 12 Supplement 2001, is amended to read as follows:
 12 13    a.  "Department" means the department of agriculture and
 12 14 land stewardship or unless the United States department of
 12 15 agriculture is otherwise specified.
 12 16    Sec. 22.  Section 163.51, subsection 4, paragraph b, Code
 12 17 Supplement 2001, is amended to read as follows:
 12 18    b.  Upon the request of the executive council, the
 12 19 department shall develop and submit a plan to the executive
 12 20 council that compensates an owner of for property, other than
 12 21 an animal, that is inadvertently destroyed by the department
 12 22 as a result of the department's regulation of activities in a
 12 23 quarantined area.  The plan shall not be implemented without
 12 24 the approval of at least three members of the executive
 12 25 council.  The payment of the compensation under the plan shall
 12 26 be made in the same manner as provided in section 163.15.  The
 12 27 owner may submit a claim for compensation prior to the plan's
 12 28 implementation.  The executive council may apply the plan
 12 29 retroactively, but not earlier than June 1, 2001.
 12 30    Sec. 23.  Section 165A.4, Code Supplement 2001, is amended
 12 31 to read as follows:
 12 32    165A.4  INFECTED CATTLE.
 12 33    The owner of infected cattle shall mark the cattle by
 12 34 punching the letter "C" through the right ears of the cattle
 12 35 as required by the department.  A person shall not sell
 13  1 infected cattle other than directly to a slaughtering
 13  2 establishment, or to a concentration point for sale directly
 13  3 to a slaughtering establishment, for immediate slaughter.
 13  4 Cattle marked with a letter "C" that are kept at a
 13  5 concentration point must shall be kept separate and apart.
 13  6    Sec. 24.  Section 169A.13, Code Supplement 2001, is amended
 13  7 to read as follows:
 13  8    169A.13  RENEWAL OF BRAND AND FEE.
 13  9    Each owner of a brand which is recorded pursuant to section
 13 10 169A.4 shall renew the brand each fifth year every five years
 13 11 after originally recording the brand and pay a renewal fee.
 13 12 The amount of the renewal fee is twenty-five dollars.  The
 13 13 secretary shall notify every owner of a brand of record at
 13 14 least thirty days prior to the date of the renewal period.  If
 13 15 the owner of a brand of record does not renew the brand and
 13 16 pay the renewal fee within six months after it is due, the
 13 17 owner shall forfeit the brand and the brand shall no longer be
 13 18 recorded.  A forfeited brand shall not be issued to any other
 13 19 person for five years following date of forfeiture.
 13 20    Sec. 25.  Section 173.1A, unnumbered paragraph 1, Code
 13 21 Supplement 2001, is amended to read as follows:
 13 22    As used in this section chapter, unless the context
 13 23 otherwise requires:
 13 24    Sec. 26.  Section 175A.2, subsection 4, Code Supplement
 13 25 2001, is amended to read as follows:
 13 26    4.  Members are not entitled to receive compensation or
 13 27 reimbursement of expenses from the department as otherwise
 13 28 provided notwithstanding anything to the contrary in section
 13 29 7E.6.
 13 30    Sec. 27.  Section 175A.3, subsection 2, paragraph e, Code
 13 31 Supplement 2001, is amended to read as follows:
 13 32    e.  Approve Propose rules proposed for adoption by the
 13 33 department for adoption pursuant to chapter 17A required for
 13 34 the administration of this chapter.
 13 35    Sec. 28.  Section 216B.4, unnumbered paragraph 1, Code
 14  1 2001, is amended to read as follows:
 14  2    The administrator director may accept financial aid from
 14  3 the government of the United States for carrying out
 14  4 rehabilitation and physical restoration of the blind and for
 14  5 providing library services to persons who are blind and
 14  6 persons with physical disabilities.
 14  7    Sec. 29.  Section 225.12, Code 2001, is amended to read as
 14  8 follows:
 14  9    225.12  VOLUNTARY PUBLIC PATIENT – PHYSICIAN'S REPORT.
 14 10    A physician filing an information under section 225.10
 14 11 shall include a written report to the judge, giving such a
 14 12 history of the case as will be likely to aid in the
 14 13 observation, treatment, and hospital care of the person named
 14 14 in the information and describing the same in detail.
 14 15    Sec. 30.  Section 225.30, Code Supplement 2001, is amended
 14 16 to read as follows:
 14 17    225.30  BLANKS – AUDIT.
 14 18    The medical faculty of the university of Iowa college of
 14 19 medicine shall prepare blanks containing such questions and
 14 20 requiring such information as may be necessary and proper to
 14 21 be obtained by the physician who examines a person or
 14 22 respondent whose referral to the state psychiatric hospital is
 14 23 contemplated.  A judge may request that a physician who
 14 24 examines a respondent as required by section 229.10 complete
 14 25 such blanks in duplicate in the course of the examination.  A
 14 26 physician who proposes to file an information under section
 14 27 225.10 shall obtain and complete such blanks in duplicate and
 14 28 file them with the information.  The blanks shall be printed
 14 29 by the state and a supply thereof shall be sent to the clerk
 14 30 of each district court of the state.  The director of revenue
 14 31 and finance shall audit, allow, and pay the cost of the blanks
 14 32 as other bills for public printing are allowed and paid.
 14 33    Sec. 31.  Section 225B.7, subsection 2, Code Supplement
 14 34 2001, is amended by striking the subsection.
 14 35    Sec. 32.  Section 229.14, subsection 2, paragraph d, Code
 15  1 Supplement 2001, is amended to read as follows:
 15  2    d.  If the court orders treatment of the respondent on an
 15  3 outpatient or other appropriate basis as described in the
 15  4 chief medical officer's report pursuant to subsection 1,
 15  5 paragraph "c", the order shall provide that, should the
 15  6 respondent fail or refuse to submit to treatment in accordance
 15  7 with the court's order, the court may order that the
 15  8 respondent be taken into immediate custody as provided by
 15  9 section 229.11 and, following notice and hearing held in
 15 10 accordance with the procedures of section 229.12, may order
 15 11 the respondent treated as on an inpatient basis requiring
 15 12 full-time custody, care, and treatment in a hospital until
 15 13 such time as the chief medical officer reports that the
 15 14 respondent does not require further treatment for serious
 15 15 mental impairment or has indicated the respondent is willing
 15 16 to submit to treatment on another basis as ordered by the
 15 17 court.  If a patient is transferred for treatment to another
 15 18 provider under this paragraph, the treatment provider who will
 15 19 be providing the outpatient or other appropriate treatment
 15 20 shall be provided with copies of relevant court orders by the
 15 21 former treatment provider.
 15 22    Sec. 33.  Section 233.1, subsection 2, paragraph a, Code
 15 23 Supplement 2001, is amended to read as follows:
 15 24    a.  "Institutional health facility" means a hospital as
 15 25 defined in section 135B.1, including a facility providing
 15 26 medical or health services that is open twenty-four hours per
 15 27 day, seven days per week and is a hospital emergency room, or
 15 28 a health care facility as defined in section 135C.1.
 15 29    Sec. 34.  Section 233.6, subsection 2, Code Supplement
 15 30 2001, is amended to read as follows:
 15 31    2.  Educational materials, public information
 15 32 announcements, and other resources to develop awareness of the
 15 33 availability of the newborn safe haven Act, among adolescents,
 15 34 young parents, and others who might avail themselves of the
 15 35 Act this chapter.
 16  1    Sec. 35.  Section 235B.16, subsection 5, paragraph e, Code
 16  2 Supplement 2001, is amended to read as follows:
 16  3    e.  A person required to complete both child abuse and
 16  4 dependent adult abuse mandatory reporter training may complete
 16  5 the training through a program which combines child abuse and
 16  6 dependent adult abuse curricula and thereby meet the training
 16  7 requirements of both this subsection and section 232.69
 16  8 simultaneously.  A person who is a mandatory reporter for both
 16  9 child abuse and dependent adult abuse may satisfy the combined
 16 10 training requirements of this subsection and section 232.69
 16 11 through completion of a two-hour training program, if the
 16 12 training program curriculum is approved by the appropriate
 16 13 licensing or examining board or the abuse education review
 16 14 panel established by the director of public health pursuant to
 16 15 section 135.11.
 16 16    Sec. 36.  Section 236.3, unnumbered paragraph 2, Code
 16 17 Supplement 2001, is amended to read as follows:
 16 18    The filing fee and court costs for an order for protection
 16 19 under this chapter shall be waived for the plaintiff.  The
 16 20 clerk of court, the sheriff of any county in this state, and
 16 21 other law enforcement and corrections officers shall perform
 16 22 their duties relating to service of process without charge to
 16 23 the petitioner plaintiff.  When an order for protection is
 16 24 entered by the court, the court may direct the defendant to
 16 25 pay to the clerk of court the plaintiff's filing fees for the
 16 26 filing of the petition and reasonable costs of service of
 16 27 process if the court determines the defendant has the ability
 16 28 to pay the plaintiff's fees and costs.
 16 29    Sec. 37.  Section 263A.2, Code 2001, is amended to read as
 16 30 follows:
 16 31    263A.2  LEGISLATIVE APPROVAL BEFORE ACTING HEREUNDER
 16 32 AUTHORIZATION OF GENERAL ASSEMBLY AND GOVERNOR.
 16 33    Subject to and in accordance with the provisions of this
 16 34 chapter, the state board of regents after authorization by a
 16 35 constitutional majority of the general assembly and approval
 17  1 by the governor may undertake and carry out any project as
 17  2 defined in this chapter at the state university of Iowa.  The
 17  3 state board of regents is authorized to operate, control,
 17  4 maintain, and manage buildings and facilities and additions to
 17  5 such buildings and facilities at said institution.  All
 17  6 contracts for the construction, reconstruction, completion,
 17  7 equipment, improvement, repair, or remodeling of any
 17  8 buildings, additions, or facilities shall be let in accordance
 17  9 with the provisions of section 262.34.  The title to all real
 17 10 estate acquired under the provisions of this chapter and the
 17 11 improvements erected thereon shall be taken and held in the
 17 12 name of the state of Iowa.
 17 13    Sec. 38.  Section 294A.14, unnumbered paragraph 12, Code
 17 14 Supplement 2001, is amended to read as follows:
 17 15    For purposes of this section, "comprehensive school
 17 16 transformation" means activities which focus on the
 17 17 improvement of student achievement and the attainment of
 17 18 student achievement goals under section 256.7, subsection 21,
 17 19 and section 280.12.  A comprehensive school transformation
 17 20 plan submitted by a school district shall demonstrate the
 17 21 manner in which the components of the plan are integrated with
 17 22 a school's student achievement goals.  Components of the plan
 17 23 may include, but are not limited to, providing salary
 17 24 increases to teachers who implement site-based shared decision
 17 25 making, building-based goal-oriented compensation mechanism,
 17 26 or approved innovative educational programs; who focus on
 17 27 student outcomes; who direct accountability for student
 17 28 achievement or accountability for organizational success; and
 17 29 who work to foster relationships between a school and
 17 30 businesses or public agencies which provide health and social
 17 31 services.
 17 32    Sec. 39.  Section 303.2, subsection 2, paragraph k, Code
 17 33 Supplement 2001, is amended to read as follows:
 17 34    k.  Administer, preserve, and interpret the battle flag
 17 35 collection assembled by the state in consultation and
 18  1 coordination with the department commission of veterans
 18  2 affairs and the department of general services.  A portion of
 18  3 the battle flag collection shall be on display at the state
 18  4 capitol and the state historical building at all times, unless
 18  5 on loan approved by the department of cultural affairs.
 18  6    Sec. 40.  Section 309.1, Code 2001, is amended by adding
 18  7 the following new subsections:
 18  8    NEW SUBSECTION.  1A.  "Bridge" includes any structure
 18  9 including supports, erected over a depression or an
 18 10 obstruction, such as water, a highway, or railway.  A bridge
 18 11 has a track or passageway for carrying traffic or other moving
 18 12 loads and has an opening measured along the center of the
 18 13 roadway of more than twenty feet.  The measurement shall be
 18 14 between the inside faces of abutments, the inside faces of the
 18 15 exterior walls of multiple box culverts, the spring lines of
 18 16 arches, and the horizontal measurement of circular or
 18 17 elliptical structures.
 18 18    a.  The length of a bridge is the overall measurement from
 18 19 back to back of backwalls and abutments measured along the
 18 20 center of the roadway.
 18 21    b.  Multiple pipes, where the distance between openings is
 18 22 less than half the smaller contiguous opening, may be included
 18 23 as a bridge, provided the pipes meet the other definitional
 18 24 requirements for bridges in this subsection.
 18 25    NEW SUBSECTION.  1B.  "Culvert" includes any structure not
 18 26 classified as a bridge which provides an opening under any
 18 27 roadway, except that this term does not include tile crossing
 18 28 the road, or intakes thereto, where the tile are a part of a
 18 29 tile line or system designed to aid subsurface drainage.
 18 30    Sec. 41.  Section 309.41, unnumbered paragraph 1, Code
 18 31 2001, is amended to read as follows:
 18 32    Contracts not embraced within the provisions of section
 18 33 309.40 or 309.40A shall be either advertised and let at a
 18 34 public letting; or, where the cost does not exceed the
 18 35 engineer's estimate, let through informal bid procedure by
 19  1 contacting at least three qualified bidders prior to letting
 19  2 the contract.  The informal bids received together with a
 19  3 statement setting forth the reasons for use of the informal
 19  4 procedure and bid acceptance shall be entered in the minutes
 19  5 of the board of supervisors meeting at which such action was
 19  6 taken.
 19  7    Sec. 42.  Section 321.34, subsection 12A, unnumbered
 19  8 paragraph 1, Code Supplement 2001, is amended to read as
 19  9 follows:
 19 10    An owner of a vehicle referred to in subsection 12 who
 19 11 applies for any type of special registration plates associated
 19 12 with service in the United States armed forces shall be issued
 19 13 one set of the special registration plates at no charge, but
 19 14 shall be subject to the annual registration fee of fifteen
 19 15 dollars, if all of the following conditions are met:
 19 16    Sec. 43.  Section 321.45, subsection 4, Code Supplement
 19 17 2001, is amended to read as follows:
 19 18    4.  After acquiring a used mobile home or manufactured home
 19 19 to be titled in Iowa, a manufactured or mobile home dealer
 19 20 retailer, as defined in section 322B.2, shall within thirty
 19 21 days apply for and obtain from the county treasurer of the
 19 22 dealer's retailer's county of residence a new certificate of
 19 23 title for the mobile home or manufactured home.  In the event
 19 24 that there is a prior lien or encumbrance to be released, as
 19 25 required by section 321.50, subsection 4, the thirty-day time
 19 26 period in this subsection does not begin to run until the lien
 19 27 or encumbrance is released.
 19 28    Sec. 44.  Section 321.46, subsection 2, Code Supplement
 19 29 2001, is amended to read as follows:
 19 30    2.  Upon filing the application for a new registration and
 19 31 a new title, the applicant shall pay a title fee of ten
 19 32 dollars and a registration fee prorated for the remaining
 19 33 unexpired months of the registration year.  A manufacturer
 19 34 applying for a certificate of title pursuant to section
 19 35 322G.12 shall pay a title fee of two dollars.  However, a
 20  1 title fee shall not be charged to a manufactured or mobile
 20  2 home retailer applying for a certificate of title for a used
 20  3 mobile home or manufactured home, titled in Iowa, as required
 20  4 under section 321.45, subsection 4.  The county treasurer, if
 20  5 satisfied of the genuineness and regularity of the
 20  6 application, and in the case of a mobile home or manufactured
 20  7 home, that taxes are not owing under chapter 435, and that
 20  8 applicant has complied with all the requirements of this
 20  9 chapter, shall issue a new certificate of title and, except
 20 10 for a mobile home, manufactured home, or a vehicle returned to
 20 11 and accepted by a manufacturer as described in section
 20 12 322G.12, a registration card to the purchaser or transferee,
 20 13 shall cancel the prior registration for the vehicle, and shall
 20 14 forward the necessary copies to the department on the date of
 20 15 issuance, as prescribed in section 321.24.  Mobile homes or
 20 16 manufactured homes titled under chapter 448 that have been
 20 17 subject under section 446.18 to a public bidder sale in a
 20 18 county shall be titled in the county's name, with no fee, and
 20 19 the county treasurer shall issue the title.
 20 20    Sec. 45.  Section 321.49, subsection 3, Code Supplement
 20 21 2001, is amended to read as follows:
 20 22    3.  A manufactured or mobile home retailer who acquires a
 20 23 used mobile home or manufactured home, titled in Iowa, and who
 20 24 does not apply for and obtain a certificate of title from the
 20 25 county treasurer of the manufactured or mobile home retailer's
 20 26 county of residence within thirty days of the date of
 20 27 acquisition, as required under section 321.45, subsection 4,
 20 28 is subject to a penalty of ten dollars.  A certificate of
 20 29 title shall not be issued to the manufactured or mobile home
 20 30 retailer until the penalty is paid.
 20 31    Sec. 46.  Section 321.56, subsection 1, unnumbered
 20 32 paragraph 1, Code Supplement 2001, is amended to read as
 20 33 follows:
 20 34    The operator of a commercial motor vehicle which is not
 20 35 registered within the state as required pursuant to this
 21  1 chapter or chapter 326 or which does not have an interstate
 21  2 fuel permit, as required under chapter 452A, may enter the
 21  3 state and travel to a commercial vehicle dealer or repair
 21  4 facility and exit the state under if all of the following
 21  5 circumstances apply:
 21  6    Sec. 47.  Section 321.57, subsections 1, 2, 4, and 5, Code
 21  7 Supplement 2001, are amended to read as follows:
 21  8    1.  A manufactured home retailer dealer owning any vehicle
 21  9 of a type otherwise required to be registered under this
 21 10 chapter may operate or move the vehicle upon the highways
 21 11 solely for purposes of transporting, testing, demonstrating,
 21 12 or selling the vehicle without registering the vehicle, upon
 21 13 condition that the vehicle display in the manner prescribed in
 21 14 sections 321.37 and 321.38 a special plate issued to the owner
 21 15 as provided in sections 321.58 to 321.62.  Additionally, a new
 21 16 car dealer or a used car dealer may operate or move upon the
 21 17 highways a new or used car or trailer owned by the dealer for
 21 18 either private or business purposes without registering it if
 21 19 the new or used car or trailer is in the dealer's inventory
 21 20 and is continuously offered for sale at retail, and there is
 21 21 displayed on it a special plate issued to the dealer as
 21 22 provided in sections 321.58 to 321.62.
 21 23    2.  In addition, while a service customer is having the
 21 24 customer's own vehicle serviced or repaired by the
 21 25 manufactured home retailer dealer, the service customer of the
 21 26 manufactured home retailer dealer may operate upon the
 21 27 highways a motor vehicle owned by the manufactured home
 21 28 retailer dealer, except a motor truck or truck tractor, upon
 21 29 which there is displayed a special plate issued to the
 21 30 manufactured home retailer dealer, provided all of the
 21 31 requirements of this section are complied with.
 21 32    4.  The provisions of this section and sections 321.58 to
 21 33 321.62, shall not apply to any vehicles offered for hire, work
 21 34 or service vehicles owned by a transporter or manufactured
 21 35 home retailer dealer.
 22  1    5.  Manufactured or mobile home retailers licensed under
 22  2 chapter 322B may transport and deliver mobile homes or
 22  3 manufactured homes in their inventory upon the highways of
 22  4 this state with a special plate displayed on the mobile home
 22  5 or manufactured home as provided in sections 321.58 to 321.62.
 22  6    Sec. 48.  Section 321.58, Code Supplement 2001, is amended
 22  7 to read as follows:
 22  8    321.58  APPLICATION.
 22  9    All manufactured home retailers dealers, transporters, new
 22 10 motor vehicle wholesalers licensed under chapter 322, and
 22 11 manufactured or mobile home retailers licensed under chapter
 22 12 322B, upon payment of a fee of seventy dollars for two years,
 22 13 one hundred forty dollars for four years, or two hundred ten
 22 14 dollars for six years, may make application to the department
 22 15 upon the appropriate form for a certificate containing a
 22 16 general distinguishing number and for one or more special
 22 17 plates as appropriate to various types of vehicles subject to
 22 18 registration.  The applicant shall also submit proof of the
 22 19 applicant's status as a bona fide transporter, new motor
 22 20 vehicle wholesaler licensed under chapter 322, manufactured or
 22 21 mobile home retailer licensed under chapter 322B, or
 22 22 manufactured home retailer dealer, as reasonably required by
 22 23 the department.  Dealers in new vehicles shall furnish
 22 24 satisfactory evidence of a valid franchise with the
 22 25 manufacturer of the vehicles authorizing the dealership.
 22 26    Sec. 49.  Section 321.104, subsection 6, Code Supplement
 22 27 2001, is amended to read as follows:
 22 28    6.  For a dealer manufactured or mobile home retailer to
 22 29 sell or transfer a mobile home or manufactured home without
 22 30 delivering to the purchaser or transferee a certificate of
 22 31 title or a manufacturer's or importer's certificate properly
 22 32 assigned to the purchaser, or to transfer a mobile home or
 22 33 manufactured home without disclosing to the purchaser the
 22 34 owner of the mobile home or manufactured home in a manner
 22 35 prescribed by the department pursuant to rules, or to fail to
 23  1 certify within seven days to the proper county treasurer the
 23  2 information required under section 321.45, subsection 4, or to
 23  3 fail to apply for and obtain a certificate of title for a used
 23  4 mobile home or manufactured home, titled in Iowa, acquired by
 23  5 the dealer manufactured or mobile home retailer within thirty
 23  6 days from the date of acquisition as required under section
 23  7 321.45, subsection 4.
 23  8    Sec. 50.  Section 321.445, subsection 2, unnumbered
 23  9 paragraph 3, Code Supplement 2001, is amended by striking the
 23 10 unnumbered paragraph.
 23 11    Sec. 51.  Section 336.16, unnumbered paragraph 1, Code
 23 12 Supplement 2001, is amended to read as follows:
 23 13    A city may withdraw from the library district upon a
 23 14 majority vote in favor of withdrawal by the electorate of the
 23 15 city in an election held on a motion by the city council.  The
 23 16 election shall be held simultaneously with a general or city
 23 17 election.  Notice of a favorable vote to withdraw shall be
 23 18 sent by certified mail to the board of library trustees of the
 23 19 library district and the county auditor or city auditor clerk,
 23 20 as appropriate, prior to January 10, and the withdrawal shall
 23 21 be effective on July 1.
 23 22    Sec. 52.  Section 384.84A, subsection 2, unnumbered
 23 23 paragraph 1, Code Supplement 2001, is amended to read as
 23 24 follows:
 23 25    If, before the date fixed for taking action to authorize
 23 26 the issuance of revenue bonds for the storm water drainage
 23 27 construction project, a petition signed by eligible electors
 23 28 residing within the city equal in number to at least three
 23 29 percent of the registered voters of the city is filed, asking
 23 30 that the question of issuing revenue bonds for the storm water
 23 31 drainage construction project be submitted to the registered
 23 32 voters of the city, the council, by resolution, shall declare
 23 33 the project abandoned or shall direct the county commissioner
 23 34 of elections to call a special election upon the question of
 23 35 issuing the bonds for the storm water drainage construction
 24  1 project if the cost of the project and population of the city
 24  2 meet one of the following criteria:
 24  3    Sec. 53.  Section 422A.2, subsection 4, paragraph f,
 24  4 unnumbered paragraph 2, Code Supplement 2001, is amended to
 24  5 read as follows:
 24  6    If at any time before the date fixed for taking action for
 24  7 the issuance of the bonds, a petition signed by eligible
 24  8 electors residing in the city or the unincorporated area equal
 24  9 in number to at least three percent of the registered voters
 24 10 of the city or unincorporated area is filed, asking that the
 24 11 question of issuing the bonds be submitted to the registered
 24 12 voters of the city or unincorporated area, the council or
 24 13 board of supervisors acting on behalf of an unincorporated
 24 14 area shall either by resolution declare the proposal to issue
 24 15 the bonds to have been abandoned or shall direct the county
 24 16 commissioner of elections to call a special election upon the
 24 17 question of issuing the bonds.
 24 18    Sec. 54.  Section 426.6, unnumbered paragraph 1, Code
 24 19 Supplement 2001, is amended to read as follows:
 24 20    The agricultural land tax credit allowed each year shall be
 24 21 computed as follows:  On or before April 1, the county auditor
 24 22 shall list by school districts all tracts of agricultural
 24 23 lands which they are entitled to credit, together with the
 24 24 taxable value for the previous year, together with the budget
 24 25 from each school district for the previous year, and the tax
 24 26 rate determined for the general fund of the district in the
 24 27 manner prescribed in section 444.3 for the previous year, and
 24 28 if such tax rate is in excess of five dollars and forty cents
 24 29 per thousand dollars of assessed value, the auditor shall
 24 30 multiply the tax levy which is in excess of five dollars and
 24 31 forty cents per thousand dollars of assessed value by the
 24 32 total taxable value of the agricultural lands entitled to
 24 33 credit in the district, and on or before April 1, certify the
 24 34 amount to the department of revenue and finance.
 24 35    Sec. 55.  Section 427.1, subsection 14, unnumbered
 25  1 paragraph 1, Code Supplement 2001, is amended to read as
 25  2 follows:
 25  3    A society or organization claiming an exemption under
 25  4 subsection 5, or subsection 8, or 33 shall file with the
 25  5 assessor not later than February 1 a statement upon forms to
 25  6 be prescribed by the director of revenue and finance,
 25  7 describing the nature of the property upon which the exemption
 25  8 is claimed and setting out in detail any uses and income from
 25  9 the property derived from the rentals, leases, or other uses
 25 10 of the property not solely for the appropriate objects of the
 25 11 society or organization.  Upon the filing and allowance of the
 25 12 claim, the claim shall be allowed on the property for
 25 13 successive years without further filing as long as the
 25 14 property is used for the purposes specified in the original
 25 15 claim for exemption.  When the property is sold or
 25 16 transferred, the county recorder shall provide notice of the
 25 17 transfer to the assessor.  The notice shall describe the
 25 18 property transferred and the name of the person to whom title
 25 19 to the property is transferred.
 25 20    Sec. 56.  Section 427.1, subsection 16, Code Supplement
 25 21 2001, is amended to read as follows:
 25 22    16.  REVOKING OR MODIFYING EXEMPTION.  Any taxpayer or any
 25 23 taxing district may make application to the director of
 25 24 revenue and finance for revocation or modification for of any
 25 25 exemption, based upon alleged violations of this chapter.  The
 25 26 director of revenue and finance may also on the director's own
 25 27 motion set aside or modify any exemption which has been
 25 28 granted upon property for which exemption is claimed under
 25 29 this chapter.  The director of revenue and finance shall give
 25 30 notice by mail to the taxpayer or taxing district applicant
 25 31 and to the societies or organizations claiming an exemption
 25 32 upon property, exemption of which is questioned before or by
 25 33 the director of revenue and finance, and shall hold a hearing
 25 34 prior to issuing any order for revocation or modification.  An
 25 35 order made by the director of revenue and finance revoking or
 26  1 modifying an exemption shall be applicable to the tax year
 26  2 commencing with the tax year in which the application is made
 26  3 to the director or the tax year commencing with the tax year
 26  4 in which the director's own motion is filed.  An order made by
 26  5 the director of revenue and finance revoking or modifying an
 26  6 exemption is subject to judicial review in accordance with
 26  7 chapter 17A, the Iowa administrative procedure Act.
 26  8 Notwithstanding the terms of that Act chapter 17A, petitions
 26  9 for judicial review may be filed in the district court having
 26 10 jurisdiction in the county in which the property is located,
 26 11 and must be filed within thirty days after any order revoking
 26 12 or modifying an exemption is made by the director of revenue
 26 13 and finance.
 26 14    Sec. 57.  Section 435.27, subsection 1, Code Supplement
 26 15 2001, is amended to read as follows:
 26 16    1.  A mobile home or manufactured home converted to real
 26 17 estate under section 435.26 may be reconverted to a home as
 26 18 provided in this section when it is moved to a manufactured
 26 19 home community or mobile home park or a manufactured or mobile
 26 20 home retailer's inventory.  When the home is located within a
 26 21 manufactured home community or mobile home park, the home
 26 22 shall be taxed pursuant to section 435.22, subsection 1.
 26 23    Sec. 58.  Section 437A.3, subsection 17, paragraph d, Code
 26 24 Supplement 2001, is amended to read as follows:
 26 25    d.  Any property described in section 437A.16 in this state
 26 26 acquired by a person not previously subject to taxation under
 26 27 this chapter.
 26 28    Sec. 59.  Section 453A.42, subsection 14, Code 2001, is
 26 29 amended to read as follows:
 26 30    14.  "Tobacco products" means cigars; little cigars as
 26 31 defined herein; cheroots; stogies; periques; granulated, plug
 26 32 cut, crimp cut, ready rubbed, and other smoking tobacco;
 26 33 snuff; snuff flour; cavendish; plug and twist tobacco; fine-
 26 34 cut and other chewing tobaccos; shorts; refuse scraps,
 26 35 clippings, cuttings and sweepings to of tobacco, and other
 27  1 kinds and forms of tobacco, prepared in such manner as to be
 27  2 suitable for chewing or smoking in a pipe or otherwise, or
 27  3 both for chewing and smoking; but shall not include cigarettes
 27  4 as defined in section 453A.1, subsection 3.
 27  5    Sec. 60.  Section 455B.473, subsection 8, unnumbered
 27  6 paragraph 1, Code Supplement 2001, is amended to read as
 27  7 follows:
 27  8    It shall be unlawful to deposit or accept a regulated
 27  9 substance in an underground storage tank which has not been
 27 10 registered and issued permanent and annual tank management fee
 27 11 renewal tags pursuant to subsections 1 through 6.  It shall
 27 12 also be unlawful to A person shall not deposit a regulated
 27 13 substance in an underground storage tank after receiving
 27 14 notice from the department that the underground storage tank
 27 15 is not covered by an approved form of financial responsibility
 27 16 in accordance with section 455B.474, subsection 2.
 27 17    Sec. 61.  Section 455B.484, subsections 10, 12, and 13,
 27 18 Code Supplement 2001, are amended by striking the subsections.
 27 19    Sec. 62.  Section 476.27, subsection 1, paragraph g,
 27 20 subparagraph (2), Code Supplement 2001, is amended to read as
 27 21 follows:
 27 22    (2)  A right-of-way or other interest in real estate that
 27 23 is occupied or managed by or on behalf of a railroad
 27 24 corporation, the trustees of a railroad corporation, or the
 27 25 successor in interest or of a railroad corporation, including
 27 26 an abandoned railroad right-of-way that has not otherwise
 27 27 reverted pursuant to chapter 327G.
 27 28    Sec. 63.  Section 483A.7, subsection 3, Code Supplement
 27 29 2001, is amended to read as follows:
 27 30    3.  A nonresident wild turkey hunter is required to have a
 27 31 nonresident hunting license and a nonresident wild turkey
 27 32 hunting license and pay the wildlife habitat fee.  The
 27 33 commission shall annually limit to two thousand three hundred
 27 34 licenses the number of nonresidents allowed to have wild
 27 35 turkey hunting licenses.  Of the two thousand three hundred
 28  1 licenses, one hundred fifty licenses shall be valid for
 28  2 hunting with muzzle loading shotguns only.  The number of
 28  3 nonresident wild turkey hunting licenses shall be determined
 28  4 as provided in section 481A.38.  The commission shall allocate
 28  5 the nonresident wild turkey hunting licenses issued among the
 28  6 zones based on the populations of wild turkey.  A nonresident
 28  7 applying for a wild turkey hunting license must exhibit proof
 28  8 of having successfully completed a hunter safety and ethics
 28  9 education program as provided in section 483A.27 or its
 28 10 equivalent as determined by the department before the license
 28 11 is issued.
 28 12    Sec. 64.  Section 483A.8, subsections 3 and 5, Code
 28 13 Supplement 2001, are amended to read as follows:
 28 14    3.  A nonresident hunting deer is required to have a
 28 15 nonresident hunting license and a nonresident deer license and
 28 16 must pay the wildlife habitat fee.  The commission shall
 28 17 annually limit to eight thousand five hundred licenses the
 28 18 number of nonresidents allowed to have deer hunting licenses.
 28 19 Of the first six thousand nonresident deer licenses issued,
 28 20 not more than thirty-five percent of the licenses shall be bow
 28 21 season licenses and, after the first six thousand nonresident
 28 22 deer licenses have been issued, all additional licenses shall
 28 23 be issued for antlerless deer only.  The number of nonresident
 28 24 deer hunting licenses shall be determined as provided in
 28 25 section 481A.38.  The commission shall allocate the
 28 26 nonresident deer hunting licenses issued among the zones based
 28 27 on the populations of deer.  However, a nonresident applicant
 28 28 may request one or more hunting zones, in order of preference,
 28 29 in which the applicant wishes to hunt.  If the request cannot
 28 30 be fulfilled, the applicable fees shall be returned to the
 28 31 applicant.  A nonresident applying for a deer hunting license
 28 32 must exhibit proof of having successfully completed a hunter
 28 33 safety and ethics education program as provided in section
 28 34 483A.27 or its equivalent as determined by the department
 28 35 before the license is issued.
 29  1    5.  A nonresident owning land in this state may apply for
 29  2 one of the first six thousand nonresident deer licenses not
 29  3 limited to antlerless deer, and the provisions of subsection 3
 29  4 shall apply.  However, if a nonresident owning land in this
 29  5 state is unsuccessful in the drawing obtaining one of the
 29  6 first six thousand nonresident deer licenses, the landowner
 29  7 shall be given preference for one of the two thousand five
 29  8 hundred antlerless only nonresident deer licenses.  A
 29  9 nonresident owning land in this state shall pay the fee for a
 29 10 nonresident antlerless only deer license and the license shall
 29 11 be valid to hunt on the nonresident's land only.  A
 29 12 nonresident owning land in this state is eligible for only one
 29 13 nonresident deer license annually.  If one or more parcels of
 29 14 land have multiple nonresident owners, only one of the
 29 15 nonresident owners is eligible for a nonresident antlerless
 29 16 only deer license.  If a nonresident jointly owns land in this
 29 17 state with a resident, the nonresident shall not be given
 29 18 preference for a nonresident antlerless only deer license.
 29 19 The department may require proof of land ownership from a
 29 20 nonresident landowner applying for a nonresident antlerless
 29 21 only deer license.
 29 22    Sec. 65.  Section 513C.5, subsection 2, Code Supplement
 29 23 2001, is amended to read as follows:
 29 24    2.  Notwithstanding subsection 1, the commissioner, with
 29 25 the concurrence of the board of the Iowa individual health
 29 26 benefit reinsurance association established under chapter
 29 27 514E, may by order reduce or eliminate the allowed rating
 29 28 bands provided under subsection 1, paragraphs "a", "b", "c",
 29 29 and "e", or otherwise limit or eliminate the use of experience
 29 30 rating.
 29 31    Sec. 66.  Section 513C.10, subsection 2, unnumbered
 29 32 paragraph 1, Code Supplement 2001, is amended to read as
 29 33 follows:
 29 34    Rates for basic and standard coverages as provided in this
 29 35 chapter shall be determined by each carrier or organized
 30  1 delivery system as the product of a basic and standard factor
 30  2 and the lowest rate available for issuance by that carrier or
 30  3 organized delivery system adjusted for rating characteristics
 30  4 and benefits.  Basic and standard factors shall be established
 30  5 annually by the Iowa individual health benefit reinsurance
 30  6 comprehensive health insurance association board with the
 30  7 approval of the commissioner.  Multiple basic and standard
 30  8 factors for a distinct grouping of basic and standard policies
 30  9 may be established.  A basic and standard factor is limited to
 30 10 a minimum value defined as the ratio of the average of the
 30 11 lowest rate available for issuance and the maximum rate
 30 12 allowable by law divided by the lowest rate available for
 30 13 issuance.  A basic and standard factor is limited to a maximum
 30 14 value defined as the ratio of the maximum rate allowable by
 30 15 law divided by the lowest rate available for issuance.  The
 30 16 maximum rate allowable by law and the lowest rate available
 30 17 for issuance is determined based on the rate restrictions
 30 18 under this chapter.  For policies written after January 1,
 30 19 2002, rates for the basic and standard coverages as provided
 30 20 in this chapter shall be calculated using the basic and
 30 21 standard factors and shall be no lower than the maximum rate
 30 22 allowable by law.  However, to maintain assessable loss
 30 23 assessments at or below one percent of total health insurance
 30 24 premiums or payments as determined in accordance with
 30 25 subsection 6, the Iowa individual health benefit reinsurance
 30 26 comprehensive health insurance association board with the
 30 27 approval of the commissioner may increase the value for any
 30 28 basic and standard factor greater than the maximum value.
 30 29    Sec. 67.  Section 513C.11, subsection 1, Code 2001, is
 30 30 amended to read as follows:
 30 31    1.  A self-funded employer-sponsored health benefit plan
 30 32 qualified under the federal Employee Retirement Income
 30 33 Security Act of 1974 may voluntarily elect to participate in
 30 34 the Iowa individual health benefit reinsurance association
 30 35 established in section 513C.10 in accordance with the plan of
 31  1 operation and subject to such terms and conditions adopted by
 31  2 the board of the association established in section 514E.2 to
 31  3 provide portability and continuity to its covered employees
 31  4 and their covered spouses and dependents subject to the same
 31  5 terms and conditions as a participating insurer.
 31  6    Sec. 68.  Section 514A.3, subsection 1, paragraph m, Code
 31  7 Supplement 2001, is amended to read as follows:
 31  8    m.  A provision as follows:
 31  9    RIGHT TO RETURN POLICY:  The insured has the right, within
 31 10 ten days after receipt of this policy, to return it to the
 31 11 company at its home office or branch office or to the agent
 31 12 through whom it was purchased, and if so returned the premium
 31 13 paid will be refunded and the policy will be void from the
 31 14 beginning and the parties shall be in the same position as if
 31 15 a policy had not been issued.
 31 16    The foregoing provision shall be prominently printed on the
 31 17 first page of the policy or attached to the policy.
 31 18    The provisions of this paragraph "m" and section 507B.4,
 31 19 subsections 12 and 13 shall apply to any insurance policy
 31 20 which is delivered or issued for delivery or renewed in this
 31 21 state on or after July 1, 1978.
 31 22    Sec. 69.  Section 514J.5, subsection 3, Code Supplement
 31 23 2001, is amended to read as follows:
 31 24    3.  The carrier or organized delivery system has three
 31 25 business days from the date of receipt to contest the
 31 26 commissioner's certification decision.  If the commissioner
 31 27 finds that the request for external review is not eligible for
 31 28 certification, the commissioner, within two business days of
 31 29 the date of the request, shall notify the enrollee, or the
 31 30 enrollee's treating health care provider acting on behalf of
 31 31 the enrollee, in writing of the reasons that the request for
 31 32 external review is not eligible for certification.
 31 33    If the commissioner finds that the request for external
 31 34 review is eligible for certification, notwithstanding the
 31 35 contest by the carrier or organized delivery system, the
 32  1 commissioner shall promptly notify the carrier or organized
 32  2 delivery system in writing of the reasons for upholding the
 32  3 certification.
 32  4    Sec. 70.  Section 514J.7, subsection 1, paragraph b, Code
 32  5 Supplement 2001, is amended to read as follows:
 32  6    b.  Notify in writing the enrollee, and the enrollee's
 32  7 treating health care provider, of the name, address, and
 32  8 telephone number of the independent review entity and of the
 32  9 enrollee's and treating health care provider's right to submit
 32 10 additional information.
 32 11    Sec. 71.  Section 514J.7, subsection 2, Code Supplement
 32 12 2001, is amended to read as follows:
 32 13    2.  The independent review entity, within three business
 32 14 days of receipt of the notice, shall select a person to
 32 15 perform the external review and shall provide notice to the
 32 16 enrollee of and the carrier containing a brief description of
 32 17 the person including the reasons the person selected is an
 32 18 expert in the treatment of the medical condition under review.
 32 19 The independent review entity does not need to disclose the
 32 20 name of the person.  A copy of the notice shall be sent by
 32 21 facsimile to the commissioner.  If the independent review
 32 22 entity does not have a person who is an expert in the
 32 23 treatment of the medical condition under review and certified
 32 24 by the commissioner to conduct an independent review, the
 32 25 independent review entity may either decline the review
 32 26 request or may request from the commissioner additional time
 32 27 to have such an expert certified.  The independent review
 32 28 entity shall notify the commissioner by facsimile of its
 32 29 choice between these options within three business days of
 32 30 receipt of the notice from the carrier or organized delivery
 32 31 system.  The commissioner shall provide a notice to the
 32 32 enrollee and carrier or organized delivery system of the
 32 33 independent review entity's decision and of the commissioner's
 32 34 decision as to how to proceed with the external review process
 32 35 within three business days of receipt of the independent
 33  1 review entity's decision.
 33  2    Sec. 72.  Section 514J.7, subsection 6, Code Supplement
 33  3 2001, is amended to read as follows:
 33  4    6.  The independent review entity shall notify the enrollee
 33  5 and the enrollee's treating health care provider of any
 33  6 additional medical information required to conduct the review
 33  7 within five business days of receipt of the documentation
 33  8 required under subsection 4.  The enrollee or the enrollee's
 33  9 treating health care provider shall provide the requested
 33 10 information to the independent review entity within five days
 33 11 after receipt of the notification requesting additional
 33 12 medical information.  The independent review entity may
 33 13 reasonably decide whether it is reasonable to consider any
 33 14 information provided by the enrollee or the enrollee's
 33 15 treating health care provider after the five-day period.  The
 33 16 independent review entity shall notify the commissioner and
 33 17 the carrier or organized delivery system of this request.
 33 18    Sec. 73.  Section 518A.41, Code 2001, is amended to read as
 33 19 follows:
 33 20    518A.41  AGENTS TO BE LICENSED.
 33 21    No person or corporation shall solicit any application for
 33 22 insurance for any association in this state without having
 33 23 procured from the commissioner of insurance a license
 33 24 authorizing the person or corporation to act as agent an
 33 25 insurance producer.  Violation of this provision shall
 33 26 constitute a serious misdemeanor.
 33 27    Sec. 74.  Section 518A.43, Code 2001, is amended to read as
 33 28 follows:
 33 29    518A.43  CANCELLATION OF LICENSE.
 33 30    The commissioner of insurance may, for a just and
 33 31 reasonable cause, cancel the license of such agent an
 33 32 insurance producer after due notice and hearing.
 33 33    Sec. 75.  Section 522B.1, subsections 6 and 9, Code
 33 34 Supplement 2001, are amended to read as follows:
 33 35    6.  "Insurer" means a person engaged in the business of
 34  1 insurance who is licensed regulated under chapter 508, 512B,
 34  2 515, or 520.
 34  3    9.  "Limited lines producer" means a person authorized
 34  4 licensed by the commissioner to sell, solicit, or negotiate
 34  5 limited lines insurance.
 34  6    Sec. 76.  Section 522B.3, subsection 2, paragraph b,
 34  7 subparagraph (1), Code Supplement 2001, is amended to read as
 34  8 follows:
 34  9    (1)  Secures and furnishes information for the purpose of
 34 10 group life insurance, group property and casualty insurance,
 34 11 group annuities, or group or blanket accident and health
 34 12 insurance.
 34 13    Sec. 77.  Section 522B.6, subsection 7, Code Supplement
 34 14 2001, is amended to read as follows:
 34 15    7.  A licensee shall inform the commissioner by any means
 34 16 acceptable to the commissioner of a change of legal name or
 34 17 address within thirty days of the change.  Failure to timely
 34 18 inform the commissioner of a change in legal name or address
 34 19 may result in a penalty as specified in section 522B.17.
 34 20    Sec. 78.  Section 523A.102, subsection 3, Code Supplement
 34 21 2001, is amended to read as follows:
 34 22    3.  "Burial account" means an account established by a
 34 23 person with a financial institution for the purpose of funding
 34 24 the future purchase of cemetery merchandise, funeral
 34 25 merchandise, funeral services, or a combination thereof
 34 26 without any related trust agreement.
 34 27    Sec. 79.  Section 523A.202, subsection 2, Code Supplement
 34 28 2001, is amended to read as follows:
 34 29    2.  All funds required to be deposited by the purchaser or
 34 30 the seller for a purpose described in section 523A.201 shall
 34 31 be deposited consistent with one of the following methods:
 34 32    a.  The payments shall be deposited directly into an
 34 33 interest-bearing burial account in the purchaser's name.
 34 34    b.  The purchaser or the seller shall deposit payments
 34 35 directly into a separate trust account in the purchaser's
 35  1 name.  The account may be made payable to the seller upon the
 35  2 death of the purchaser or the designated beneficiary, provided
 35  3 that, until death, the purchaser retains the exclusive power
 35  4 to hold, manage, pledge, and invest the trust account funds
 35  5 and may revoke the trust and withdraw the funds, in whole or
 35  6 in part, at any time during the term of the agreement.
 35  7    c.  The purchaser or the seller shall deposit payments
 35  8 directly into a separate trust account in the name of the
 35  9 purchaser, as trustee, for the named beneficiary, to be held,
 35 10 invested, and administered as a trust account for the benefit
 35 11 and protection of the beneficiary.  The depositor shall notify
 35 12 the financial institution of the existence and terms of the
 35 13 trust, including at a minimum, the name of each party to the
 35 14 agreement, the name and address of the trustee, and the name
 35 15 and address of the beneficiary.  The account may be made
 35 16 payable to the seller upon the beneficiary's death.
 35 17    d.  The payments shall be deposited in the name of the
 35 18 trustee, as trustee, under the terms of a master trust
 35 19 agreement and the trustee may invest, reinvest, exchange,
 35 20 retain, sell, and otherwise manage the trust fund for the
 35 21 benefit and protection of the named beneficiary.
 35 22    Sec. 80.  Section 523A.302, Code Supplement 2001, is
 35 23 amended to read as follows:
 35 24    523A.302  IDENTIFICATION OF MERCHANDISE AND SERVICE
 35 25 PROVIDER.
 35 26    If a burial trust fund identifies, either in the trust fund
 35 27 records or in a related purchase agreement, the seller who
 35 28 will provide the cemetery merchandise, funeral merchandise,
 35 29 funeral services, or a combination thereof, the trust fund
 35 30 records or the related purchase agreements must contain a
 35 31 statement signed by an authorized representative of the seller
 35 32 agreeing to furnish the cemetery merchandise, funeral
 35 33 merchandise, funeral services, or a combination thereof upon
 35 34 the death of the beneficiary.  The burial trust fund shall not
 35 35 identify a specific seller as payee unless the trust fund
 36  1 records or the related purchase agreements, if any, contain
 36  2 the signature of an authorized representative of the seller
 36  3 and, if the agreement is for funeral mortuary science services
 36  4 as mortuary science is defined in chapter 156 section 156.1,
 36  5 the name of a funeral director licensed to deliver those
 36  6 services.  A person may enter into agreements authorizing the
 36  7 establishment of more than one burial trust fund and agreeing
 36  8 to furnish the applicable merchandise and services.
 36  9    Sec. 81.  Section 523A.402, subsection 5, paragraph a, Code
 36 10 Supplement 2001, is amended to read as follows:
 36 11    a.  Except as necessary and appropriate to satisfy the
 36 12 requirements regarding burial trust funds under Title XIX of
 36 13 the federal Social Security Act, the annuity shall not be
 36 14 owned by the establishment or irrevocably assigned to the
 36 15 establishment and any designation of the establishment as a
 36 16 beneficiary shall not be made irrevocable.
 36 17    Sec. 82.  Section 523A.501, subsection 6, Code Supplement
 36 18 2001, is amended to read as follows:
 36 19    6.  The commissioner shall grant or deny a permit
 36 20 application within thirty days after receipt, but the
 36 21 commissioner's failure to act within that time period shall
 36 22 not be deemed approval of the application.  If no denial order
 36 23 is in effect and no proceeding is pending under section
 36 24 523A.503, the application becomes effective at noon of the
 36 25 thirtieth day after a completed application or an amendment
 36 26 completing the application is filed, unless waived by the
 36 27 applicant.  The commissioner may specify an earlier effective
 36 28 date.  Automatic effectiveness under this subsection shall not
 36 29 be deemed approval of the application.  If the commissioner
 36 30 does not grant the permit, the commissioner shall notify the
 36 31 person in writing of the reasons for the denial.  The permit
 36 32 shall disclose on its face the permit holder's employer or the
 36 33 establishment on whose behalf the applicant will be making or
 36 34 attempting to make sales, the permit number, and the
 36 35 expiration date.
 37  1    Sec. 83.  Section 523A.502, subsection 8, Code Supplement
 37  2 2001, is amended to read as follows:
 37  3    8.  The commissioner shall grant or deny a permit
 37  4 application within thirty days after receipt, but the
 37  5 commissioner's failure to act within that time period shall
 37  6 not be deemed approval of the application.  If no denial order
 37  7 is in effect and no proceeding is pending under section
 37  8 523A.503, the application becomes effective at noon of the
 37  9 thirtieth day after a completed application or an amendment
 37 10 completing the application is filed, unless waived by the
 37 11 applicant.  The commissioner may specify an earlier effective
 37 12 date.  Automatic effectiveness under this subsection shall not
 37 13 be deemed approval of the application.  If the commissioner
 37 14 does not grant the permit, the commissioner shall notify the
 37 15 applicant in writing of the reasons for the denial.
 37 16    Sec. 84.  Section 523A.601, subsection 4, Code Supplement
 37 17 2001, is amended to read as follows:
 37 18    4.  A purchase agreement shall be signed by the purchaser,
 37 19 the seller, and if the agreement is for funeral mortuary
 37 20 science services as mortuary science is defined in chapter 156
 37 21 section 156.1, a person licensed to deliver funeral services.
 37 22    Sec. 85.  Section 523A.901, subsection 5, paragraph c, Code
 37 23 Supplement 2001, is amended to read as follows:
 37 24    c.  A statute of limitations or defense of laches shall not
 37 25 run with respect to an action against an establishment between
 37 26 the filing of a petition for liquidation against the
 37 27 establishment and the denial of the petition.  An action
 37 28 against the establishment that might have been commenced when
 37 29 the petition was filed may be commenced for at least within
 37 30 sixty days after the petition is denied.
 37 31    Sec. 86.  Section 523A.901, subsection 8, paragraph a, Code
 37 32 Supplement 2001, is amended to read as follows:
 37 33    a.  After a petition for liquidation has been filed, a
 37 34 transfer of real property of the establishment made to a
 37 35 person acting in good faith is valid against the liquidator if
 38  1 made for a present fair equivalent value.  If the transfer is
 38  2 not made for a present fair equivalent value, then the
 38  3 transfer is valid to the extent of the present consideration
 38  4 actually paid for which amount the transferee shall have a
 38  5 lien on the property transferred.  The commencement of a
 38  6 proceeding in liquidation is constructive notice upon the
 38  7 recording of a copy of the petition for or order of
 38  8 liquidation with the recording or recorder of deeds in the
 38  9 county where any real property in question is located.  The
 38 10 exercise by a court of the United States or a state or
 38 11 jurisdiction to authorize a judicial sale of real property of
 38 12 the establishment within a county in a state shall not be
 38 13 impaired by the pendency of a proceeding unless the copy is
 38 14 recorded in the county prior to the consummation of the
 38 15 judicial sale.
 38 16    Sec. 87.  Section 554.8106, subsection 6, Code Supplement
 38 17 2001, is amended to read as follows:
 38 18    6.  A purchaser who has satisfied the requirements of
 38 19 subsection 3 or 4 has control, even if the registered owner in
 38 20 the case of subsection 3, paragraph "b", or the entitlement
 38 21 holder in the case of subsection 4, retains the right to make
 38 22 substitutions for the uncertificated security or security
 38 23 entitlement, to originate instructions or entitlement orders
 38 24 to the issuer or securities intermediary, or otherwise to deal
 38 25 with the uncertificated security or security entitlement.
 38 26    Sec. 88.  Section 554.9109, subsection 1, paragraph e, Code
 38 27 Supplement 2001, is amended to read as follows:
 38 28    e.  a security interest arising under section 554.2401,
 38 29 554.2505, 554.2711, subsection 3, section 554.9110, or
 38 30 554.13508, subsection 5 as provided in section 554.9110; and
 38 31    Sec. 89.  Section 554.9521, subsection 2, Code Supplement
 38 32 2001, is amended to read as follows:
 38 33    2.  AMENDMENT FORM.  A filing office that accepts written
 38 34 records may not refuse to accept a written record amendment in
 38 35 a form and format approved by the secretary of state by rule
 39  1 adopted pursuant to chapter 17A except for a reason set forth
 39  2 in section 554.9516, subsection 2.  The forms shall be
 39  3 consistent with those set forth in the final official text of
 39  4 the 1999 revisions to Article 9 of the Uniform Commercial Code
 39  5 promulgated by the American law institute and the national
 39  6 conference of commissioners on uniform state laws.
 39  7    Sec. 90.  Section 554.9525, subsection 1, unnumbered
 39  8 paragraph 1, Code Supplement 2001, is amended to read as
 39  9 follows:
 39 10    Except as otherwise provided in subsection subsections 3
 39 11 and 4, fees for services rendered by the filing office under
 39 12 this part must be set by rules adopted by the secretary of
 39 13 state's office for services for that office.  The rule must
 39 14 set the fees for filing and indexing a record under this part
 39 15 on the following basis:
 39 16    Sec. 91.  Section 554.9525, subsection 3, Code Supplement
 39 17 2001, is amended to read as follows:
 39 18    3.  RESPONSE TO INFORMATION REQUEST.  A rule adopted
 39 19 pursuant to subsection 1 must set the fee for responding to a
 39 20 request for information from the filing office, including for
 39 21 communicating whether there is on file any financing statement
 39 22 naming a particular debtor.  However, if the filing office is
 39 23 in the county, the board of supervisors for the county may
 39 24 adopt an ordinance or resolution setting the fee for
 39 25 responding to a request for the information.  A fee for
 39 26 responding to a request communicated in writing must be not
 39 27 less than twice the amount of the fee for responding to a
 39 28 request communicated by another medium authorized by the
 39 29 office of secretary of state or the board of supervisors for
 39 30 the filing office where its filing office is located.
 39 31    Sec. 92.  Section 554.9602, subsection 3, Code Supplement
 39 32 2001, is amended to read as follows:
 39 33    3.  section 554.9607, subsection 3, which deals with
 39 34 collection and enforcement of as to collateral;
 39 35    Sec. 93.  Section 579A.3, unnumbered paragraph 1, Code
 40  1 Supplement 2001, is amended to read as follows:
 40  2    While the cattle are located at the custom cattle feedlot,
 40  3 the custom cattle feedlot operator may foreclose enforce a
 40  4 lien created in section 579A.2 in the manner provided for the
 40  5 enforcement of an agricultural lien as provided in chapter
 40  6 554, article 9, part 6.  After the cattle have left the custom
 40  7 cattle feedlot, the custom cattle feedlot operator may enforce
 40  8 the lien by commencing an action at law for the amount of the
 40  9 lien against either of the following:
 40 10    Sec. 94.  Section 579B.1, subsection 13, Code Supplement
 40 11 2001, is amended to read as follows:
 40 12    13.  "Personal representative" means a person who is
 40 13 authorized by a contract producer to act on behalf of the
 40 14 contract producer, including by executing an agreement,
 40 15 managing a contract operation, or filing a financing statement
 40 16 perfecting a lien, and enforcing a lien as provided in this
 40 17 chapter.
 40 18    Sec. 95.  Section 579B.3, subsection 2, Code Supplement
 40 19 2001, is amended to read as follows:
 40 20    2.  A contract producer who is a party to a production
 40 21 contract executed pursuant to section 579B.2 shall have a lien
 40 22 as provided in this section.  The contract producer is a
 40 23 secured party and the owner of the commodity contractor is a
 40 24 debtor for purposes of chapter 554, article 9.  The amount of
 40 25 the lien shall be the amount owed to the contract producer
 40 26 pursuant to the terms of the production contract, which may be
 40 27 enforced as provided in section 579B.5.
 40 28    Sec. 96.  Section 602.8107, subsection 2, paragraph b, Code
 40 29 Supplement 2001, is amended to read as follows:
 40 30    b.  Fines or penalties and criminal penalty and law
 40 31 enforcement initiative surcharges.
 40 32    Sec. 97.  Section 633.231, Code Supplement 2001, is amended
 40 33 to read as follows:
 40 34    633.231  NOTICE IN INTESTATE ESTATES – MEDICAL ASSISTANCE
 40 35 CLAIMS.
 41  1    Upon opening administration of an intestate estate, the
 41  2 administrator may, in accordance with section 633.410, provide
 41  3 by ordinary mail to the entity designated by the department of
 41  4 human services, a notice of opening administration of the
 41  5 estate and of the appointment of the administrator, which
 41  6 shall include a notice to file claims with the clerk within
 41  7 the later to occur of fifteen months from the second
 41  8 publication of the notice to creditors or two months from the
 41  9 date of mailing of this notice, or thereafter be forever
 41 10 barred.
 41 11    The notice shall be in substantially the following form:  
 41 12   NOTICE OF OPENING ADMINISTRATION OF ESTATE, OF APPOINTMENT
 41 13            OF ADMINISTRATOR, AND NOTICE TO CREDITOR
 41 14 In the District Court of Iowa
 41 15 In and for .... County.
 41 16 In the Estate of ......, Deceased
 41 17 Probate No. ...
 41 18    To the Department of Human Services Who May Be Interested
 41 19 in the Estate of ......, Deceased, who died on or about ....
 41 20 (date):
 41 21    You are hereby notified that on the ... day of ....
 41 22 (month), ... (year), an intestate estate was opened in the
 41 23 above-named court and that ...... was appointed administrator
 41 24 of the estate.
 41 25    You are further notified that the birthdate of the deceased
 41 26 is .... and the deceased's social security number is ...-..-
 41 27 .....  The birthdate of the spouse is .... and the spouse's
 41 28 social security number is ...-..-...., and that the spouse of
 41 29 the deceased is alive as of the date of this notice, or
 41 30 deceased as of .... (date).
 41 31    You are further notified that the deceased was/was not a
 41 32 disabled or a blind child of the medical assistance recipient
 41 33 by the name of ......, who had a birthdate of .... and a
 41 34 social security number of ...-..-...., and the medical
 41 35 assistance debt of that medical assistance recipient was
 42  1 waived pursuant to section 249A.5, subsection 2, paragraph
 42  2 "a", subparagraph (1), and is now collectible from this estate
 42  3 pursuant to section 249A.5, subsection 2, paragraph "b".
 42  4    Notice is hereby given that if the department of human
 42  5 services has a claim against the estate for the deceased
 42  6 person or persons named in this notice, the claim shall be
 42  7 filed with the clerk of the above-named district court, as
 42  8 provided by law, duly authenticated, for allowance, and unless
 42  9 so filed by the later to occur of fifteen months from the
 42 10 second publication of this the notice to creditors or two
 42 11 months from the date of the mailing of this notice, unless
 42 12 otherwise allowed or paid, the claim is thereafter forever
 42 13 barred.
 42 14    Dated this ... day of .... (month), ... (year) 
 42 15                                       ...........
 42 16                                       Administrator of estate
 42 17                                       ...........
 42 18                                       Address
 42 19 .......................
 42 20 Attorney for administrator
 42 21 .......................
 42 22 Address
 42 23 Date of second publication
 42 24 ... day of .... (month), ... (year)
 42 25 (Date to be inserted by publisher)
 42 26    Sec. 98.  Section 633.304, unnumbered paragraph 2, Code
 42 27 2001, is amended to read as follows:
 42 28    As used in this section, "heir" means only such person as
 42 29 would, in an intestate estate, be entitled to a share under
 42 30 section 633.219, subsection 1, 2, 3, or 4.
 42 31    Sec. 99.  Section 633.304A, Code Supplement 2001, is amended
 42 32 to read as follows:
 42 33    633.304A  NOTICE OF PROBATE OF WILL – MEDICAL ASSISTANCE
 42 34 CLAIMS.
 42 35    On admission of a will to probate, the executor may, in
 43  1 accordance with section 633.410, provide by ordinary mail to
 43  2 the entity designated by the department of human services, a
 43  3 notice of admission of the will to probate and of the appointment
 43  4 of the executor, which shall include a notice to file claims with
 43  5 the clerk within the later to occur of fifteen months from the
 43  6 second publication of the notice to creditors or two months from
 43  7 the date of mailing of this notice, or thereafter be forever
 43  8 barred.
 43  9    The notice shall be in substantially the following form:
 43 10     NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTOR,
 43 11                     AND NOTICE TO CREDITORS
 43 12 In the District Court of Iowa
 43 13 In and for .... County.
 43 14 In the Estate of ......, Deceased
 43 15 Probate No. ...
 43 16    To the Department of Human Services, Who May Be Interested
 43 17 in the Estate of ......, Deceased, who died on or about ....
 43 18 (date):
 43 19    You are hereby notified that on the ... day of ....
 43 20 (month), ... (year), the last will and testament of ......,
 43 21 deceased, bearing date of the ... day of .... (month), ...
 43 22 (year), was admitted to probate in the above-named court and
 43 23 that ...... was appointed executor of the estate.
 43 24    You are further notified that the birthdate of the deceased
 43 25 is .... and the deceased's social security number is ...-..-
 43 26 ....  The birthdate of the spouse is .... and the spouse's
 43 27 social security number is ...-..-...., and that the spouse of
 43 28 the deceased is alive as of the date of this notice, or
 43 29 deceased as of .... (date).
 43 30    You are further notified that the deceased was/was not a
 43 31 disabled or a blind child of the medical assistance recipient
 43 32 by the name of ......, who had a birthdate of ....  and a
 43 33 social security number of ...-..-...., and the medical
 43 34 assistance debt of that medical assistance recipient was
 43 35 waived pursuant to section 249A.5, subsection 2, paragraph
 44  1 "a", subparagraph (1), and is now collectible from this estate
 44  2 pursuant to section 249A.5, subsection 2, paragraph "b".
 44  3    Notice is hereby given that if the department of human
 44  4 services has a claim against the estate for the deceased
 44  5 person or persons named in this notice, the claim shall be
 44  6 filed with the clerk of the above-named district court, as
 44  7 provided by law, duly authenticated, for allowance, and unless
 44  8 so filed by the later to occur of fifteen months from the
 44  9 second publication of this the notice to creditors or two
 44 10 months from the date of mailing of this notice, unless
 44 11 otherwise allowed or paid, the claim is thereafter forever
 44 12 barred.
 44 13    Dated this ... day of .... (month), ... (year) 
 44 14                                        ......................
 44 15                                        Executor of estate
 44 16                                        ......................
 44 17                                        Address
 44 18 ..........
 44 19 Attorney for executor
 44 20 ..........
 44 21 Address
 44 22 Date of second publication
 44 23 ... day of .... (month), ... (year)
 44 24 (Date to be inserted by publisher)
 44 25    Sec. 100.  Section 633.305, unnumbered paragraph 2, Code
 44 26 2001, is amended to read as follows:
 44 27    As used in this section, "heir" means only such person as
 44 28 would, in an intestate estate, be entitled to a share under
 44 29 section 633.219, subsection 1, 2, 3, or 4.
 44 30    Sec. 101.  Section 633.3109, subsection 1, Code 2001, is
 44 31 amended to read as follows:
 44 32    1.  As used in this section, "heir" means only such person
 44 33 as would, in an intestate estate, be entitled to a share under
 44 34 section 633.219, subsection 1, 2, 3, or 4.
 44 35    Sec. 102.  Section 692A.1, subsection 4, paragraph m, Code
 45  1 Supplement 2001, is amended to read as follows:
 45  2    m.  Sexual exploitation of a minor in violation of section
 45  3 728.12, subsection 2 or 3.
 45  4    Sec. 103.  Section 726.3, Code Supplement 2001, is amended
 45  5 to read as follows:
 45  6    726.3  NEGLECT OR ABANDONMENT OF A DEPENDENT PERSON.
 45  7    A person who is the father, mother, or some other person
 45  8 having custody of a child, or of any other person who by
 45  9 reason of mental or physical disability is not able to care
 45 10 for the person's self, who knowingly or recklessly exposes
 45 11 such person to a hazard or danger against which such person
 45 12 cannot reasonably be expected to protect such person's self or
 45 13 who deserts or abandons such person, knowing or having reason
 45 14 to believe that the person will be exposed to such hazard or
 45 15 danger, commits a class "C" felony.  However, a parent or
 45 16 person authorized by the parent who has, in accordance with
 45 17 section 233.2, voluntarily released custody of a newborn
 45 18 infant shall not be prosecuted for a violation of this section
 45 19 involving abandonment of that a newborn infant, if the parent
 45 20 or the person authorized by the parent has voluntarily
 45 21 released custody of the newborn infant in accordance with
 45 22 section 233.2.
 45 23    Sec. 104.  Section 726.6, subsection 2, Code Supplement
 45 24 2001, is amended to read as follows:
 45 25    2.  A parent or person authorized by the parent who has, in
 45 26 accordance with section 233.2, voluntarily released custody of
 45 27 a newborn infant shall not be prosecuted for a violation of
 45 28 subsection 1, paragraph "f" relating to abandonment, if the
 45 29 parent or person authorized by the parent has voluntarily
 45 30 released custody of a newborn infant in accordance with
 45 31 section 233.2.
 45 32    Sec. 105.  Section 902.3A, subsection 1, paragraph d, Code
 45 33 Supplement 2001, is amended to read as follows:
 45 34    d.  A person on parole or work release under a determinate
 45 35 term of confinement imposed under this section shall be
 46  1 subject to the terms and conditions of parole or work release
 46  2 as set out in chapter 906.  Violations of parole or work
 46  3 release shall be subject to the procedures set out in chapters
 46  4 905 and 908 or and rules adopted under those chapters.
 46  5    Sec. 106.  Section 4.1, subsection 21A, section 321.500,
 46  6 section 602.8103, subsection 4, paragraph d, section 617.3,
 46  7 and section 708.11, subsection 5, Code 2001, are amended by
 46  8 striking the words ", 3d ed" or the words ", 3rd ed".
 46  9    Sec. 107.  Section 229.1 and section 602.8102, subsections
 46 10 136 through 163, Code Supplement 2001, are amended by striking
 46 11 the words ", 3d ed".
 46 12    Sec. 108.  Section 229.26, Code Supplement 2001, is amended
 46 13 by striking the words "third edition,".
 46 14    Sec. 109.  Section 805.1, subsection 4, Code Supplement
 46 15 2001, is amended by striking the words ", 3rd ed".
 46 16    Sec. 110.  Sections 192.132, 309.75, and 502.612, Code
 46 17 2001, are repealed.
 46 18    Sec. 111.  Section 432.11, Code Supplement 2001, is
 46 19 repealed.  
 46 20                    2001 IOWA ACTS AMENDMENTS
 46 21    Sec. 112.  Section 542D.7, subsection 3, paragraph a, as
 46 22 enacted by 2001 Iowa Acts, chapter 55, section 7, is amended
 46 23 to read as follows:
 46 24    a.  An applicant for initial issuance or renewal of a
 46 25 permit to practice as a firm must shall show that
 46 26 notwithstanding any other provision of law, a simple majority
 46 27 of the ownership of the firm, in terms of financial interests
 46 28 and voting rights of all partners, officers, shareholders,
 46 29 members, and managers belongs to holders of a certificate
 46 30 issued by a state, and that such partners, officers,
 46 31 shareholders, members, and managers, who perform professional
 46 32 services in this state or for clients in this state, hold a
 46 33 certificate issued under section 542D.6 or 542D.19.
 46 34    Sec. 113.  Section 542D.13, subsection 9, as enacted by
 46 35 2001 Iowa Acts, chapter 55, section 13, is amended to read as
 47  1 follows:
 47  2    9.  A person or firm not holding a certificate, permit, or
 47  3 license issued under section 542D.6, 542D.7, 542D.8, or
 47  4 542D.19 shall not assume or use any title or designation that
 47  5 includes the word "accountant", "auditor", or "accounting", in
 47  6 connection with any other language that implies that such
 47  7 person or firm holds such a certificate, permit, or license or
 47  8 has special competence as an accountant or auditor.  However,
 47  9 this subsection does not prohibit an officer, partner, member,
 47 10 manager, or employee of a firm or organization from affixing
 47 11 that person's own signature to a statement in reference to the
 47 12 financial affairs of such firm or organization with wording
 47 13 which designates the position, title, or office that the
 47 14 person holds, or prohibit any act of a public official or
 47 15 employee in the performance of such person's duties.  This
 47 16 subsection does not otherwise prohibit the use of the title or
 47 17 designation "accountant" by persons other than those holding a
 47 18 certificate or license under this chapter.  
 47 19                           DIVISION II
 47 20    Sec. 114.  Section 10.1, subsection 4, Code 2001, is
 47 21 amended to read as follows:
 47 22    4.  "Commodity share landlord" means a natural person or a
 47 23 general partnership as provided in chapter 486 486A in which
 47 24 all partners are natural persons, who owns at least one
 47 25 hundred fifty acres of agricultural land, if the owner
 47 26 receives rent on a commodity share basis, which may be either
 47 27 a share of the crops or livestock produced on the land.
 47 28    Sec. 115.  Section 10.1, subsection 19, paragraph b, Code
 47 29 2001, is amended to read as follows:
 47 30    b.  A general partnership as provided in chapter 486 486A
 47 31 in which all partners are natural persons actively engaged in
 47 32 farming.
 47 33    Sec. 116.  Section 13B.4, subsection 1, Code 2001, is
 47 34 amended to read as follows:
 47 35    1.  The state public defender shall coordinate the
 48  1 provision of legal representation of all indigents under
 48  2 arrest or charged with a crime, seeking postconviction relief,
 48  3 against whom a contempt action is pending, in proceedings
 48  4 under chapter 229A, in juvenile proceedings, on appeal in
 48  5 criminal cases, on appeal in proceedings to obtain
 48  6 postconviction relief when ordered to do so by the district
 48  7 court in which the judgment or order was issued, and on a
 48  8 reopening of a sentence proceeding, and may provide for the
 48  9 representation of indigents in proceedings instituted pursuant
 48 10 to chapter 908.  The state public defender shall not engage in
 48 11 the private practice of law.
 48 12    Sec. 117.  Section 13B.8, subsection 2, Code 2001, is
 48 13 amended to read as follows:
 48 14    2.  The state public defender may appoint and may, for
 48 15 cause, remove the local public defender, assistant local
 48 16 public defenders, clerks, investigators, secretaries, or other
 48 17 employees for cause.  Each local public defender, and any
 48 18 assistant local public defender, must be an attorney admitted
 48 19 to the practice of law before the Iowa supreme court.
 48 20    Sec. 118.  Section 14B.101, Code Supplement 2001, is
 48 21 amended by adding the following new subsection:
 48 22    NEW SUBSECTION.  1A.  "Department" means the information
 48 23 technology department.
 48 24    Sec. 119.  Section 14B.105, subsection 1, paragraph b,
 48 25 unnumbered paragraph 1, Code Supplement 2001, is amended to
 48 26 read as follows:
 48 27    The members appointed by the governor pursuant to paragraph
 48 28 "a", subparagraphs (3) through (7), shall serve four-year
 48 29 staggered terms as designated by the governor and such
 48 30 appointments to the information technology council are subject
 48 31 to the requirements of sections 69.16, 69.16A, and 69.19.  The
 48 32 four-year terms of members appointed by the governor shall be
 48 33 staggered as designated by the governor.  Members appointed by
 48 34 the governor pursuant to paragraph "a", subparagraphs (3)
 48 35 through (7), shall not serve consecutive four-year terms.
 49  1 Members appointed by the governor are subject to senate
 49  2 confirmation and shall be reimbursed for actual and necessary
 49  3 expenses incurred in performance of their duties.  Such
 49  4 members may also be eligible to receive compensation as
 49  5 provided in section 7E.6.  Members shall be reimbursed for
 49  6 actual and necessary expenses incurred in performance of the
 49  7 members' duties.
 49  8    Sec. 120.  Section 15E.195, subsection 2, unnumbered
 49  9 paragraph 1, Code Supplement 2001, is amended to read as
 49 10 follows:
 49 11    A city with a population of twenty-four thousand or more
 49 12 which designates an enterprise zone pursuant to section
 49 13 15E.194, subsection 2, and in which an eligible enterprise
 49 14 zone is certified shall establish an enterprise zone
 49 15 commission to review applications from qualified businesses
 49 16 located within or requesting to locate within an enterprise
 49 17 zone to receive incentives or assistance as provided in
 49 18 section 15E.196.  The enterprise zone commission shall review
 49 19 applications from qualified housing businesses requesting to
 49 20 receive incentives or assistance as provided in section
 49 21 15E.193B.  The enterprise zone commission shall also review
 49 22 applications from qualified development businesses requesting
 49 23 to receive incentives or assistance as provided in section
 49 24 15E.193C.  The commission shall consist of nine members.  Six
 49 25 of these members shall consist of one representative of an
 49 26 international labor organization, one member with economic
 49 27 development expertise chosen by the department of economic
 49 28 development, one representative of the city council, one
 49 29 member of the local community college board of directors, one
 49 30 member of the city planning and zoning commission, and one
 49 31 representative of the local workforce development center.
 49 32 These six members shall select the remaining three members.
 49 33 If the enterprise zone consists of an area meeting the
 49 34 requirements for eligibility for an urban enterprise community
 49 35 under Title XIII of the federal Omnibus Budget Reconciliation
 50  1 Act of 1993, one of the remaining three members shall be a
 50  2 representative of that community.  If a city contiguous to the
 50  3 city designating the enterprise zone is included in an
 50  4 enterprise zone, a representative of the contiguous city,
 50  5 chosen by the city council, shall be a member of the
 50  6 commission.  A city in which an eligible enterprise zone is
 50  7 certified shall have only one enterprise zone commission.  If
 50  8 a city has established an enterprise zone commission prior to
 50  9 the effective date of this Act July 1, 1998, the city may
 50 10 petition to the department of economic development to change
 50 11 the structure of the existing commission.
 50 12    Sec. 121.  Section 29A.17, unnumbered paragraph 1, Code
 50 13 2001, is amended to read as follows:
 50 14    The military staff of the governor shall consist of the
 50 15 adjutant general, who shall be the chief of staff; the deputy
 50 16 adjutants general, who shall be the assistant chiefs of staff;
 50 17 and the any aides, who shall be residents of the state, as the
 50 18 governor may appoint or detail from the armed forces of the
 50 19 state.
 50 20    Sec. 122.  Section 29A.66, Code 2001, is amended to read as
 50 21 follows:
 50 22    29A.66  APPLICABLE POWERS AND DUTIES.
 50 23    The powers and duties of the governor, the adjutant
 50 24 general, and the deputy adjutants general, with relation to
 50 25 the Iowa state guard, shall be the same as those powers and
 50 26 duties prescribed in this chapter for the those officers with
 50 27 relation to the national guard.
 50 28    Sec. 123.  Section 48A.31, Code 2001, is amended to read as
 50 29 follows:
 50 30    48A.31  DECEASED PERSONS RECORD.
 50 31    The state registrar of vital statistics shall transmit or
 50 32 cause to be transmitted to the state registrar of voters, once
 50 33 each calendar quarter, a certified list of all persons
 50 34 seventeen and one-half years of age and older in the state
 50 35 whose deaths have been reported to the bureau of vital records
 51  1 and statistics division of the Iowa department of public
 51  2 health since the previous list of decedents was certified to
 51  3 the state registrar of voters.  The list shall be submitted
 51  4 according to the specifications of the state registrar of
 51  5 voters, who shall determine whether each listed decedent was
 51  6 registered to vote in this state.  If the decedent was
 51  7 registered in a county which uses its own data processing
 51  8 facilities for voter registration recordkeeping, the registrar
 51  9 shall notify the commissioner in that county who shall cancel
 51 10 the decedent's registration.  If the decedent was registered
 51 11 in a county for which voter registration recordkeeping is
 51 12 performed under contract by the registrar, the registrar shall
 51 13 immediately cancel the registration and notify the
 51 14 commissioner of the county in which the decedent was
 51 15 registered to vote of the cancellation.
 51 16    Sec. 124.  Section 56.2, subsection 14, paragraph c, Code
 51 17 2001, is amended by striking the paragraph.
 51 18    Sec. 125.  Section 56.14, subsection 2, paragraph a, Code
 51 19 2001, is amended to read as follows:
 51 20    a.  Yard signs shall not be placed on any property which
 51 21 adjoins a city, county, or state roadway sooner than forty-
 51 22 five days preceding a primary or general election and shall be
 51 23 removed within seven days after the primary or general
 51 24 election in which the name of the particular candidate or
 51 25 ballot issue described on the yard sign appears on the ballot.
 51 26 Yard signs are subject to removal by highway authorities as
 51 27 provided in section 319.13, or by county or city law
 51 28 enforcement authorities in a manner consistent with section
 51 29 319.13.  The placement or erection of yard signs shall be
 51 30 exempt from the requirements of chapter 480.  Notice may be
 51 31 provided to the chairperson of the appropriate county central
 51 32 committee if the highway authorities are unable to provide
 51 33 notice to the candidate, candidate's committee, or political
 51 34 committee regarding the yard sign.
 51 35    Sec. 126.  Section 97B.50A, subsection 7, paragraph b,
 52  1 subparagraph (4), Code 2001, is amended to read as follows:
 52  2    (4)  This paragraph does not apply to a member who is at
 52  3 least fifty-five years of age and would have completed a
 52  4 sufficient number of years of service if the member had
 52  5 remained in active special service employment.  For purposes
 52  6 of this subparagraph, a sufficient number of years of service
 52  7 shall be twenty-five the applicable years of service for a
 52  8 special service member as described in section 97B.49B or
 52  9 twenty-two for a special service member as described in
 52 10 section 97B.49C.
 52 11    Sec. 127.  Section 101.22, subsection 4, Code 2001, is
 52 12 amended to read as follows:
 52 13    4.  The registration notice of the owner or operator to the
 52 14 state fire marshal under subsections 1 through 3 shall be
 52 15 accompanied by a an annual fee of ten dollars for each tank
 52 16 included in the notice.  All moneys collected shall be
 52 17 retained by the department of public safety and are
 52 18 appropriated for the use of the state fire marshal.  The
 52 19 annual renewal fee applies to all owners or operators who
 52 20 filed a registration notice with the state fire marshal
 52 21 pursuant to subsections 1 through 3.
 52 22    Sec. 128.  Section 123.39, subsection 1, paragraph a, Code
 52 23 2001, is amended to read as follows:
 52 24    a.  The administrator or the local authority may suspend a
 52 25 license or permit issued pursuant to the this chapter for a
 52 26 period not to exceed one year, revoke the license or permit,
 52 27 or impose a civil penalty not to exceed one thousand dollars
 52 28 per violation.  Before suspension, revocation, or imposition
 52 29 of a civil penalty, the license or permit holder shall be
 52 30 given written notice and an opportunity for a hearing.  The
 52 31 administrator may appoint a member of the division or may
 52 32 request an administrative law judge from the department of
 52 33 inspections and appeals to conduct the hearing and issue a
 52 34 proposed decision.  Upon the motion of a party to the hearing
 52 35 or upon the administrator's own motion, the administrator may
 53  1 review the proposed decision in accordance with chapter 17A.
 53  2 Upon review of the proposed decision, the administrator may
 53  3 affirm, reverse, or modify the proposed decision.  A licensee
 53  4 or permittee aggrieved by a decision of the administrator may
 53  5 seek judicial review of the administrator's decision in
 53  6 accordance with chapter 17A.
 53  7    Sec. 129.  Section 135.43, subsection 5, paragraph d, Code
 53  8 2001, is amended to read as follows:
 53  9    d.  The administrator of the division bureau of vital
 53 10 records of the Iowa department of public health.
 53 11    Sec. 130.  Section 135.43, subsection 7, paragraph b, Code
 53 12 2001, is amended to read as follows:
 53 13    b.  A person in possession or control of medical,
 53 14 investigative, assessment, or other information pertaining to
 53 15 a child death and child abuse review shall allow the
 53 16 inspection and reproduction of the information by the
 53 17 department upon the request of the department, to be used only
 53 18 in the administration and for the duties of the Iowa child
 53 19 death review team.  Except as provided for a report on a child
 53 20 fatality by an ad hoc child fatality review committee under
 53 21 subsection 4 and, information and records produced under this
 53 22 section which are confidential under section 22.7 and chapter
 53 23 235A, and information or records received from the
 53 24 confidential records, remain confidential under this section.
 53 25 A person does not incur legal liability by reason of releasing
 53 26 information to the department as required under and in
 53 27 compliance with this section.
 53 28    Sec. 131.  Section 135.110, subsection 2, Code 2001, is
 53 29 amended to read as follows:
 53 30    2.  In performing duties pursuant to subsection 1, the
 53 31 review team shall review the relationship between the decedent
 53 32 victim and the alleged or convicted perpetrator from the point
 53 33 where the abuse allegedly began, until the domestic abuse
 53 34 death occurred, and shall review all relevant documents
 53 35 pertaining to the relationship between the parties, including
 54  1 but not limited to protective orders and dissolution, custody,
 54  2 and support agreements and related court records, in order to
 54  3 ascertain whether a correlation exists between certain events
 54  4 in the relationship and any escalation of abuse, and whether
 54  5 patterns can be established regarding such events in relation
 54  6 to domestic abuse deaths in general.  The review team shall
 54  7 consider such conclusions in making recommendations pursuant
 54  8 to subsection 1.
 54  9    Sec. 132.  Section 137C.7, Code 2001, is amended to read as
 54 10 follows:
 54 11    137C.7  LICENSE REQUIRED.
 54 12    No person shall open or operate a hotel until a license has
 54 13 been obtained from the regulatory authority and until the
 54 14 hotel has been inspected by the regulatory authority.  A
 54 15 license issued by the department of agriculture prior to
 54 16 January 1, 1979 shall be valid until its expiration date.  An
 54 17 inspection conducted by the department of agriculture prior to
 54 18 January 1, 1979 shall be valid for purposes of this section.
 54 19 Each license shall expire one year from date of issue.  A
 54 20 license is renewable.  All licenses issued under the Iowa
 54 21 hotel sanitation code that are not renewed by the licensee on
 54 22 or before the expiration date shall be subject to a penalty of
 54 23 ten percent of the license fee if the license is renewed at a
 54 24 later date.  A license is not transferable.
 54 25    Sec. 133.  Section 139A.10, Code 2001, is amended to read
 54 26 as follows:
 54 27    139A.10  FEES FOR REMOVING.
 54 28    The officers designated by the magistrate shall receive
 54 29 reasonable compensation for their services as determined by
 54 30 the local board.  The amount determined shall be certified and
 54 31 paid in the same manner as other expenses incurred under this
 54 32 chapter.
 54 33    Sec. 134.  Section 139A.30, Code 2001, is amended to read
 54 34 as follows:
 54 35    139A.30  CONFIDENTIAL REPORTS.
 55  1    Reports to the department which include the identity of
 55  2 persons infected with a sexually transmitted disease or
 55  3 infection, and all such related information, records, and
 55  4 reports concerning the person, shall be confidential and shall
 55  5 not be accessible to the public.  However, such reports,
 55  6 information, and records shall be confidential only to the
 55  7 extent necessary to prevent identification of persons named in
 55  8 such reports, information, and records; the other parts of
 55  9 such reports, information, and records shall be public
 55 10 records.  The preceding sentence shall prevail over any
 55 11 inconsistent provision of this chapter subchapter.
 55 12    Sec. 135.  Section 161.2, subsection 4, Code 2001, is
 55 13 amended to read as follows:
 55 14    4.  "Board" means the agrichemical remediation
 55 15 reimbursement board created under section 161.3.
 55 16    Sec. 136.  Section 161.2, subsection 9, unnumbered
 55 17 paragraph 1, Code 2001, is amended to read as follows:
 55 18    "Fertilizer site" means a place where containers used for
 55 19 storing or mixing a fertilizer are located, if any of the
 55 20 following apply:
 55 21    Sec. 137.  Section 161.2, subsection 14, Code 2001, is
 55 22 amended by striking the subsection.
 55 23    Sec. 138.  Section 161.6, subsection 4, paragraph a, Code
 55 24 2001, is amended to read as follows:
 55 25    a.  For a high priority site, soil and groundwater site
 55 26 cleanup shall include active remediation site cleanup where
 55 27 technically feasible, until such time as the groundwater
 55 28 contamination levels are below action levels.
 55 29    Sec. 139.  Section 161.8, subsection 3, paragraph b,
 55 30 subparagraph (1), Code 2001, is amended to read as follows:
 55 31    (1)  The responsible person performed reasonable measures
 55 32 necessary for the immediate abatement of any prohibited
 55 33 release contamination.
 55 34    Sec. 140.  Section 166D.7, subsection 1, paragraph a, Code
 55 35 2001, is amended to read as follows:
 56  1    a.  The herd shall be certified when all breeding swine
 56  2 have reacted negatively to a test.  The herd must have been
 56  3 free from infection for thirty days prior to testing.  At
 56  4 least ninety percent of swine in the herd must have been on
 56  5 the premises as a part of the herd for at least sixty days
 56  6 prior to testing, or swine in the herd must have been moved or
 56  7 relocated directly from another qualified negative herd.  To
 56  8 remain certified, the herd must be retested and recertified
 56  9 each month as provided by the department.  The herd shall be
 56 10 recertified when each month the greater of five head of swine
 56 11 or at least ten percent of the herd's breeding swine react
 56 12 negatively to a test.
 56 13    Sec. 141.  Section 166D.10, subsection 1, paragraph c, Code
 56 14 2001, is amended to read as follows:
 56 15    c.  A person transfers ownership of all or part of a herd,
 56 16 if the herd remains on the same premises.  However, the herd
 56 17 must be tested by statistical sampling.  If any part of the
 56 18 herd is subsequently moved or relocated, the swine must be
 56 19 moved or relocated in accordance with this section and
 56 20 sections 166D.7, 166D.8, and 166D.9 166D.10A.
 56 21    Sec. 142.  Section 166D.10B, subsection 1, unnumbered
 56 22 paragraph 1, Code 2001, is amended to read as follows:
 56 23    A person shall not maintain swine other than feeder swine
 56 24 pigs or cull swine at an approved premises.
 56 25    Sec. 143.  Section 183A.7, unnumbered paragraph 3, Code
 56 26 2001, is amended to read as follows:
 56 27    From the moneys collected, deposited, and transferred to
 56 28 the council as provided in this chapter, the council shall
 56 29 first pay the costs of referendums held pursuant to this
 56 30 chapter.  Of the moneys remaining, at least ten percent shall
 56 31 be remitted to the national livestock and meat board and the
 56 32 pork industry group; at least twenty-five percent shall be
 56 33 remitted to the national pork producers council; and at least
 56 34 fifteen percent shall be remitted to the Iowa pork producers
 56 35 association, in the proportion the committee determines, for
 57  1 use by recipients in a manner not inconsistent with market
 57  2 development as defined in section 183A.1.  Moneys remaining
 57  3 shall be spent as found necessary by the council to further
 57  4 carry out the provisions and purposes of this chapter.
 57  5    Sec. 144.  Section 202A.1, subsection 3, Code 2001, is
 57  6 amended to read as follows:
 57  7    3.  "Packer" means a person who is engaged in the business
 57  8 of slaughtering livestock or receiving, purchasing, or
 57  9 soliciting livestock for slaughter, if the meat products of
 57 10 the slaughtered livestock which are directly or indirectly to
 57 11 be offered for resale or for public consumption have a total
 57 12 annual value of ten million dollars or more.  As used in this
 57 13 chapter, "packer" includes an agent of the packer engaged in
 57 14 buying or soliciting livestock for slaughter on behalf of a
 57 15 packer.  "Packer" does not include a frozen food locker plant
 57 16 regulated under chapter 172.
 57 17    Sec. 145.  Section 207.22, subsection 3, paragraph b, Code
 57 18 2001, is amended to read as follows:
 57 19    b.  Acquisition of coal refuse disposal sites and all coal
 57 20 refuse thereon will serve the purposes of title IV of Pub. L.
 57 21 No. 95-87 or that public ownership is desirable to meet
 57 22 emergency situations and prevent recurrences of the adverse
 57 23 effect of past coal mining practices.
 57 24    Sec. 146.  Section 216A.102, subsection 1, Code 2001, is
 57 25 amended to read as follows:
 57 26    1.  An energy crisis fund is created in the state treasury.
 57 27 Moneys deposited in the fund shall be used to assist low-
 57 28 income families who qualify for the low-income heating home
 57 29 energy assistance program to avoid loss of essential heating.
 57 30    Sec. 147.  Section 232.141, subsection 3, paragraphs c and
 57 31 d, Code 2001, are amended to read as follows:
 57 32    c.  Costs incurred for compensation of an attorney
 57 33 appointed by the court to serve as counsel to any party or as
 57 34 guardian ad litem for any child shall be made paid in
 57 35 accordance with sections 13B.4 and 815.7.
 58  1    d.  Costs incurred under subsection 2 shall be paid by the
 58  2 state.  The county shall be required to reimburse the indigent
 58  3 defense fund for costs incurred by the state up to the
 58  4 county's base in subsection 2 3.
 58  5    Sec. 148.  Section 256D.1, subsection 1, paragraph b,
 58  6 unnumbered paragraph 1, Code 2001, is amended to read as
 58  7 follows:
 58  8    The department of education shall identify diagnostic
 58  9 assessment tools that can be used to assist teachers in
 58 10 measuring reading accuracy and fluency skills, including but
 58 11 not limited to, phonemic awareness, oral reading ability, and
 58 12 comprehensive comprehension skills, to improve student
 58 13 achievement in kindergarten through grade three.  The
 58 14 department, in collaboration with the area education agencies,
 58 15 school districts, and institutions with approved practitioner
 58 16 preparation programs, shall identify and serve as a
 58 17 clearinghouse on intensive, research-based strategies and
 58 18 programs for training teachers in both diagnosis and
 58 19 appropriate instruction interventions.
 58 20    Sec. 149.  Section 272C.3, subsection 2, paragraph a, Code
 58 21 Supplement 2001, is amended to read as follows:
 58 22    a.  Revoke a license, or suspend a license either until
 58 23 further order of the board or for a specified period, upon any
 58 24 of the grounds specified in section 147.55, 148.6, 148B.7,
 58 25 152.10, 153.34, 154A.24, 169.13, 455B.219, 542B.21, 542C.21,
 58 26 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151, 155,
 58 27 507B, or 522B, as applicable, or upon any other grounds
 58 28 specifically provided for in this chapter for revocation of
 58 29 the license of a licensee subject to the jurisdiction of that
 58 30 board, or upon failure of the licensee to comply with a
 58 31 decision of the board imposing licensee discipline;
 58 32    Sec. 150.  Section 272C.4, subsection 6, Code Supplement
 58 33 2001, is amended to read as follows:
 58 34    6.  Define by rule acts or omissions which are grounds for
 58 35 revocation or suspension of a license under section 147.55,
 59  1 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.191
 59  2 455B.219, 542B.21, 542C.21, 543B.29, 544A.13, 544B.15, or
 59  3 602.3203 or chapter 151, 155, 507B, or 522B, as applicable,
 59  4 and to define by rule acts or omissions which constitute
 59  5 negligence, careless acts or omissions within the meaning of
 59  6 section 272C.3, subsection 2, paragraph "b", which licensees
 59  7 are required to report to the board pursuant to section
 59  8 272C.9, subsection 2;
 59  9    Sec. 151.  Section 303.86, Code 2001, is amended to read as
 59 10 follows:
 59 11    303.86  ARTS COUNCIL.
 59 12    The Iowa state arts council is created as an advisory
 59 13 council, consisting of fifteen members, appointed by the
 59 14 governor from among citizens of Iowa who are recognized for
 59 15 their interest or experience in connection with the performing
 59 16 and fine arts.  In making appointments, due consideration
 59 17 shall be given to the recommendations made by representative
 59 18 civic, educational, and professional associations and groups
 59 19 concerned with or engaged in the production or presentation of
 59 20 the performing and fine arts.
 59 21    The term of office of each member of the Iowa state arts
 59 22 council is three years.  The governor shall designate a
 59 23 chairperson and a vice chairperson from the members of the
 59 24 council to serve at the pleasure of the governor.  All
 59 25 vacancies shall be filled for the balance of any unexpired
 59 26 term in the same manner as original appointments.  The members
 59 27 of the council shall not receive compensation for their
 59 28 services, but shall be reimbursed for their actual and
 59 29 necessary expenses incurred in the performance of their duties
 59 30 as members of the council.  Members may also be eligible for
 59 31 compensation as provided in section 7E.6.
 59 32    Sec. 152.  Section 321.219, unnumbered paragraph 1, Code
 59 33 Supplement 2001, is amended to read as follows:
 59 34    A person shall not cause or knowingly permit the person's
 59 35 child or ward under the age of eighteen years to drive a motor
 60  1 vehicle upon any highway when the minor is not authorized
 60  2 under this section or in violation of this chapter.
 60  3    Sec. 153.  Section 321.279, subsection 1, Code 2001, is
 60  4 amended to read as follows:
 60  5    1.  The driver of a motor vehicle commits a serious
 60  6 misdemeanor if the driver willfully fails to bring the motor
 60  7 vehicle to a stop or otherwise eludes or attempts to elude a
 60  8 marked official law enforcement vehicle driven by a uniformed
 60  9 peace officer after being given a visual and audible signal to
 60 10 stop.  The signal given by the peace officer shall be by
 60 11 flashing red light, or by flashing red and blue lights, and
 60 12 siren.  For purposes of this section, "peace officer" means
 60 13 those officers designated under section 801.4, subsection 11,
 60 14 paragraphs "a", "b", "c", "g", and "h".
 60 15    Sec. 154.  Section 321.560, subsection 1, paragraph b, Code
 60 16 Supplement 2001, is amended to read as follows:
 60 17    b.  A temporary restricted license may be issued pursuant
 60 18 to section 321J.4, subsection 9, to a person declared to be a
 60 19 habitual offender due to a combination of the offenses listed
 60 20 under section 321.555, subsection 1, paragraph "b" or and "c".
 60 21    Sec. 155.  Section 321J.17, subsection 2, unnumbered
 60 22 paragraph 2, Code 2001, is amended to read as follows:
 60 23    The court or department may request that the community
 60 24 college or substance abuse treatment providers licensed under
 60 25 chapter 125 conducting the course for drinking drivers which
 60 26 that the person is ordered to attend immediately report to the
 60 27 court or department that the person has successfully completed
 60 28 the course for drinking drivers.  The court or department may
 60 29 request that the treatment program which the person attends
 60 30 periodically report on the defendant's attendance and
 60 31 participation in the program, as well as the status of
 60 32 treatment or rehabilitation.
 60 33    Sec. 156.  Section 322C.2, subsections 4 and 7, Code 2001,
 60 34 are amended by striking the subsections.
 60 35    Sec. 157.  Section 331.424A, subsection 4, Code Supplement
 61  1 2001, is amended to read as follows:
 61  2    4.  For the fiscal year beginning July 1, 1996, and for
 61  3 each subsequent fiscal year, the county shall certify a levy
 61  4 for payment of services.  For each fiscal year, county
 61  5 revenues from taxes imposed by the county credited to the
 61  6 services fund shall not exceed an amount equal to the amount
 61  7 of base year expenditures for services as defined in section
 61  8 331.438, less the amount of property tax relief to be received
 61  9 pursuant to section 426B.2, in the fiscal year for which the
 61 10 budget is certified.  The county auditor and the board of
 61 11 supervisors shall reduce the amount of the levy certified for
 61 12 the services fund by the amount of property tax relief to be
 61 13 received.  A levy certified under this section is not subject
 61 14 to the appeal provisions of sections section 331.426 and
 61 15 444.25B or to any other provision in law authorizing a county
 61 16 to exceed, increase, or appeal a property tax levy limit.
 61 17    Sec. 158.  Section 331.424B, Code 2001, is amended to read
 61 18 as follows:
 61 19    331.424B  CEMETERY LEVY.
 61 20    The board may levy annually a tax not to exceed six and
 61 21 three-fourths cents per thousand dollars of the assessed value
 61 22 of all taxable property in the county to repair and maintain
 61 23 all cemeteries under the jurisdiction of the board including
 61 24 pioneer cemeteries and to pay other expenses of the board or
 61 25 the cemetery commission as provided in section 331.325.  The
 61 26 proceeds of the tax levy shall be credited to the county
 61 27 general fund.  Sections 444.25A and 444.25B do not apply to
 61 28 the property tax levied or expended for cemeteries pursuant to
 61 29 section 331.325.
 61 30    Sec. 159.  Section 331.756, subsection 5, Code 2001, is
 61 31 amended to read as follows:
 61 32    5.  Enforce all forfeited bonds and recognizances and
 61 33 prosecute all proceedings necessary for the recovery of debts,
 61 34 revenues, moneys, fines, penalties, restitution of court-
 61 35 appointed attorney fees or ordered pursuant to section 815.9,
 62  1 including the expense of a public defender, and forfeitures
 62  2 accruing to the state, the county or a road district in the
 62  3 county, and all suits in the county against public service
 62  4 corporations which are brought in the name of the state.  To
 62  5 assist in this duty, the county attorney may procure
 62  6 professional collection services provided by persons or
 62  7 organizations, including private attorneys, which are
 62  8 generally considered to have knowledge and special abilities
 62  9 which are not generally available to state or local government
 62 10 or may designate another county official or agency to assist
 62 11 with collection efforts.
 62 12    If professional collection services are procured, the
 62 13 county attorney shall file with the clerk of the district
 62 14 court an indication of the satisfaction of each obligation to
 62 15 the full extent of all moneys collected in satisfaction of
 62 16 that obligation, including all fees and compensation retained
 62 17 by the collection service incident to the collection and not
 62 18 paid into the office of the clerk.
 62 19    Before a county attorney designates another county official
 62 20 or agency to assist with collection of debts, revenues,
 62 21 moneys, fines, penalties, restitution of court-appointed
 62 22 attorney fees or ordered pursuant to section 815.9, including
 62 23 the expense of a public defender, and forfeitures, the board
 62 24 of supervisors of the county must approve the designation.
 62 25    All fines, penalties, court costs, fees, and restitution
 62 26 for court-appointed attorney fees or ordered pursuant to
 62 27 section 815.9, including the expenses of a public defender
 62 28 which are delinquent as defined in section 602.8107 may be
 62 29 collected by the county attorney or the person procured or
 62 30 designated by the county attorney.  In order to receive a
 62 31 percentage of the amounts collected pursuant to section
 62 32 602.8107, the county attorney must file annually with the
 62 33 clerk of the district court on or before July 1 a notice of
 62 34 full commitment to collect delinquent obligations and must
 62 35 file on the first day of each month a list of the cases in
 63  1 which the county attorney or the person procured or designated
 63  2 by the county attorney is pursuing the collection of
 63  3 delinquent obligations.  The annual notice shall contain a
 63  4 list of procedures which will be initiated by the county
 63  5 attorney.  Amounts collected by the county attorney or the
 63  6 person procured or designated by the county attorney shall be
 63  7 distributed in accordance with section 602.8107.
 63  8    Sec. 160.  Section 403.6, subsection 17, Code 2001, is
 63  9 amended to read as follows:
 63 10    17.  Subject to applicable state or federal regulations in
 63 11 effect at the time of the city municipal action, accept
 63 12 contributions, grants, and other financial assistance from the
 63 13 state or federal government to be used upon a finding of
 63 14 public purpose for grants, loans, loan guarantees, interest
 63 15 supplements, technical assistance, or other assistance as
 63 16 necessary or appropriate to private persons for an urban
 63 17 renewal project.
 63 18    Sec. 161.  Section 403.17, subsection 10, Code 2001, is
 63 19 amended to read as follows:
 63 20    10.  "Economic development area" means an area of a
 63 21 municipality designated by the local governing body as
 63 22 appropriate for commercial and industrial enterprises, public
 63 23 improvements related to housing and residential development,
 63 24 or construction of housing and residential development for low
 63 25 and moderate income families, including single or multifamily
 63 26 housing.  If an urban renewal plan for an urban renewal area
 63 27 is based upon a finding that the area is an economic
 63 28 development area and that no part contains slum or blighted
 63 29 conditions, then the division of revenue provided in section
 63 30 403.19 and stated in the plan shall be limited to twenty years
 63 31 from the calendar year following the calendar year in which
 63 32 the city municipality first certifies to the county auditor
 63 33 the amount of any loans, advances, indebtedness, or bonds
 63 34 which qualify for payment from the division of revenue
 63 35 provided in section 403.19.  Such designated area shall not
 64  1 include agricultural land, including land which is part of a
 64  2 century farm, unless the owner of the agricultural land or
 64  3 century farm agrees to include the agricultural land or
 64  4 century farm in the urban renewal area.  For the purposes of
 64  5 this subsection, "century farm" means a farm in which at least
 64  6 forty acres of such farm have been held in continuous
 64  7 ownership by the same family for one hundred years or more.
 64  8    Sec. 162.  Section 404A.3, subsection 2, unnumbered
 64  9 paragraph 1, Code 2001, is amended to read as follows:
 64 10    The state historic preservation office shall establish
 64 11 selection criteria and standards for rehabilitation projects
 64 12 involving eligible property.  The main emphasis of the
 64 13 standards shall be to ensure that a rehabilitation project
 64 14 maintains the integrity of the eligible property.  To the
 64 15 extent applicable, the standards shall be consistent with the
 64 16 standards of the United States secretary of the interior for
 64 17 rehabilitation of eligible property that is listed on the
 64 18 national register of historic places or is designated as of
 64 19 historic significance to a district listed in the national
 64 20 register of historic places or shall be consistent with
 64 21 standards for issuance of certificates of appropriation
 64 22 appropriateness under sections 303.27 through 303.32.
 64 23    Sec. 163.  Section 422.4, subsection 2, paragraph c, Code
 64 24 2001, is amended by striking the paragraph.
 64 25    Sec. 164.  Section 422.45, subsection 24, unnumbered
 64 26 paragraph 2, Code Supplement 2001, is amended by striking the
 64 27 unnumbered paragraph.
 64 28    Sec. 165.  Section 422.52, subsection 4, Code 2001, is
 64 29 amended to read as follows:
 64 30    4.  The tax by this division imposed upon those sales of
 64 31 motor vehicle fuel which are subject to tax and refund under
 64 32 chapter 452A shall be collected by the state treasurer
 64 33 department by way of deduction from refunds otherwise
 64 34 allowable under said chapter.  The amount of such deductions
 64 35 the treasurer department shall transfer from the motor vehicle
 65  1 fuel fund to the special tax fund.
 65  2    Sec. 166.  Section 422B.1, subsection 6, paragraph b, Code
 65  3 2001, is amended to read as follows:
 65  4    b.  Within ten days of the election at which a majority of
 65  5 those voting on the question favors the imposition, repeal, or
 65  6 change in the rate of a local option tax, the county auditor
 65  7 shall give written notice of the result of the election by
 65  8 sending a copy of the abstract of the votes from the favorable
 65  9 election to the director of revenue and finance or, in the
 65 10 case of a local vehicle tax, to the director of the department
 65 11 of transportation, of the result of the election.
 65 12    Sec. 167.  Section 426B.1, subsection 2, paragraphs a and
 65 13 b, Code 2001, are amended by striking the paragraphs.
 65 14    Sec. 168.  Section 427.2A, unnumbered paragraph 3, Code
 65 15 2001, is amended by striking the unnumbered paragraph.
 65 16    Sec. 169.  Section 432.1, unnumbered paragraph 1, Code
 65 17 2001, is amended to read as follows:
 65 18    Every insurance company or association of whatever kind or
 65 19 character, not including fraternal beneficiary associations,
 65 20 and nonprofit hospital and medical service corporations,
 65 21 shall, as required by law, pay to the director of the
 65 22 department of revenue and finance, or to a depository
 65 23 designated by the director, as taxes, an amount equal to the
 65 24 following, except that the premium tax applicable to county
 65 25 mutual insurance associations shall be governed by section
 65 26 518.18:
 65 27    Sec. 170.  Section 455B.190A, subsection 1, paragraph e,
 65 28 Code 2001, is amended by striking the paragraph.
 65 29    Sec. 171.  Section 455B.190A, subsection 2, paragraphs f
 65 30 and g, Code 2001, are amended to read as follows:
 65 31    f.  The department shall develop continuing education
 65 32 requirements for certification of a well contractor in
 65 33 consultation with the well contractors' council.
 65 34    g.  The examination shall be developed by the department in
 65 35 consultation with the well contractors' council.  The
 66  1 examination shall be updated as necessary to reflect current
 66  2 groundwater law and well construction, maintenance, and
 66  3 abandonment practices.
 66  4    Sec. 172.  Section 455B.190A, subsections 3 and 6, Code
 66  5 2001, are amended by striking the subsections.
 66  6    Sec. 173.  Section 455B.190A, subsection 4, Code 2001, is
 66  7 amended to read as follows:
 66  8    4.  The department shall develop, in consultation with the
 66  9 well contractors' council, a consumer information pamphlet
 66 10 regarding well construction, well maintenance, well plugging,
 66 11 and Iowa groundwater laws.  The department and the council
 66 12 shall review and revise the consumer information pamphlet as
 66 13 necessary.  The consumer information pamphlet shall be
 66 14 supplied to well contractors, at cost, and well contractors
 66 15 shall supply one copy at no cost to potential customers prior
 66 16 to initiation of well services.
 66 17    Sec. 174.  Section 455B.190A, subsection 5, unnumbered
 66 18 paragraph 1, Code 2001, is amended to read as follows:
 66 19    The department shall establish by rule and collect, in
 66 20 consultation with the well contractors' council, the following
 66 21 fees to be used to implement and administer the provisions of
 66 22 this section:
 66 23    Sec. 175.  Section 455B.601, subsection 2, paragraph b,
 66 24 Code 2001, is amended to read as follows:
 66 25    b.  A responsible person has executed a remediation
 66 26 agreement with the agrichemical remediation reimbursement
 66 27 board and the responsible person is remediating or has
 66 28 remediated the site pursuant to a plan of remediation as
 66 29 provided in chapter 161.
 66 30    Sec. 176.  Section 455E.11, subsection 2, paragraph b,
 66 31 subparagraph (1), Code Supplement 2001, is amended to read as
 66 32 follows:
 66 33    (1)  Nine thousand dollars of the account is appropriated
 66 34 to the Iowa department of public health for carrying out the
 66 35 departmental duties under section 135.11, subsections 20 and
 67  1 21, and section 139A.31 139A.21.
 67  2    Sec. 177.  Section 476.66, subsections 1 and 7, Code 2001,
 67  3 are amended to read as follows:
 67  4    1.  The utilities board shall adopt rules which shall
 67  5 require each electric and gas public utility to establish a
 67  6 fund whose purposes shall include the receiving of
 67  7 contributions to assist the utility's low-income customers
 67  8 with weatherization measures to improve energy efficiency
 67  9 related to winter heating and summer cooling, and to
 67 10 supplement the energy assistance received under the federal
 67 11 low-income heating home energy assistance program for the
 67 12 payment of winter heating electric or gas utility bills.
 67 13    7.  Existing programs to receive customer contributions
 67 14 established by public utilities shall be construed to meet the
 67 15 requirements of this section.  Such plans shall be subject to
 67 16 review by the utilities board.  If determined not to be in
 67 17 compliance with the provisions of this section, they shall be
 67 18 given until July 1989 to modify their operation so as to be in
 67 19 compliance.
 67 20    Sec. 178.  Section 486A.1102, subsection 2, Code 2001, is
 67 21 amended to read as follows:
 67 22    2.  The agent of a foreign limited liability company
 67 23 partnership for service of process must be an individual who
 67 24 is a resident of this state or other person authorized to do
 67 25 business in this state.
 67 26    Sec. 179.  Section 511.8, subsection 22, paragraph d, Code
 67 27 2001, is amended to read as follows:
 67 28    d.  Investments in financial instruments used in hedging
 67 29 transactions are not eligible in excess of ten percent of the
 67 30 legal reserve, except insofar as the financial instruments are
 67 31 collateralized by cash or United States government obligations
 67 32 as authorized by subsection 1 deposited with a custodian bank
 67 33 as defined in subsection 21, and held under a written
 67 34 agreement with the custodian bank that complies with
 67 35 subsection 21 and provides for the proceeds of the collateral,
 68  1 subject to the terms and conditions of the applicable
 68  2 collateral or other credit support agreement, to be remitted
 68  3 to the legal reserve deposit of the company or association and
 68  4 to vest in the state in accordance with section 508.18
 68  5 whenever proceedings under this that section are instituted.
 68  6    Sec. 180.  Section 514.3, Code 2001, is amended to read as
 68  7 follows:
 68  8    514.3  APPROVAL BY COMMISSIONER.
 68  9    The articles of incorporation, and any subsequent
 68 10 amendments, of a corporation shall have endorsed on or annexed
 68 11 to those articles or amendments the approval of the
 68 12 commissioner of insurance before the same shall be filed for
 68 13 record.  A corporation shall file with the commissioner bylaws
 68 14 and subsequent amendments to the bylaws within thirty days of
 68 15 the adoption of the bylaws and amendments.
 68 16    Sec. 181.  Section 515.24, Code 2001, is amended to read as
 68 17 follows:
 68 18    515.24  TAX – COMPUTATION.
 68 19    For the purpose of determining the basis of any tax upon
 68 20 the "gross amount of premiums", or "gross receipts from
 68 21 premiums, assessments, fees, and promissory obligations", now
 68 22 or hereafter imposed upon any fire or casualty insurance
 68 23 company under any law of this state, such gross amount or
 68 24 gross receipts shall consist of the gross premiums or receipts
 68 25 for direct insurance, without including or deducting any
 68 26 amounts received or paid for reinsurance except that any
 68 27 company reinsuring windstorm or hail risks written by county
 68 28 mutual insurance associations shall be required to pay a two
 68 29 percent tax on the gross amount of reinsurance premiums
 68 30 received upon such risks, but with such other deductions as
 68 31 provided by law, and in addition deducting any so-called
 68 32 dividend or return of savings or gains to policyholders;
 68 33 provided that as to any deposits or deposit premiums received
 68 34 by any such company, the taxable premiums shall be the portion
 68 35 of such deposits or deposit premiums earned during the year
 69  1 with such deductions therefrom as provided by law.
 69  2    Sec. 182.  Section 515F.3, subsection 6, Code 2001, is
 69  3 amended to read as follows:
 69  4    6.  Insurance written by a county mutual insurance
 69  5 association as provided in chapter 518A 518.
 69  6    Sec. 183.  Section 518.17, unnumbered paragraph 2, Code
 69  7 2001, is amended to read as follows:
 69  8    Reinsurance sufficient to protect the financial stability
 69  9 of the state mutual insurance association is also required.
 69 10 Reinsurance coverage obtained by a county mutual insurance
 69 11 association shall not expose the association to losses from
 69 12 coverages written pursuant to this chapter of more than
 69 13 fifteen percent from surplus in any calendar year.  The
 69 14 commissioner of insurance may require additional reinsurance
 69 15 if necessary to protect the policyholders of the association.
 69 16    Sec. 184.  Section 536A.12, subsection 1, Code 2001, is
 69 17 amended to read as follows:
 69 18    1.  Each such license remains in full force and effect
 69 19 until surrendered, revoked, or suspended, or until there is a
 69 20 change of control on or after January 1, 1996.  A licensee, on
 69 21 or before the second day of January, shall pay to the
 69 22 superintendent the sum of two hundred fifty dollars as an
 69 23 annual license fee for the succeeding calendar year.  When a
 69 24 licensee changes its place of business from one location to
 69 25 another in the same city, it shall at once give written notice
 69 26 to the superintendent who shall attach to the license in
 69 27 writing the superintendent's record of the change and the date
 69 28 of the change, which is authority for the operation of the
 69 29 business under that license at the new place of business.
 69 30    Sec. 185.  Section 536A.30, subsection 4, Code 2001, is
 69 31 amended to read as follows:
 69 32    4.  Section 536A.12, to the extent it requires a licensee
 69 33 to pay an annual license fee which, when combined with that
 69 34 required in section 536A.7, is in excess of ten two hundred
 69 35 fifty dollars.
 70  1    Sec. 186.  Section 537A.10, subsection 5, paragraph b,
 70  2 subparagraph (2), Code Supplement 2001, is amended to read as
 70  3 follows:
 70  4    (2)  If pursuant to such a transfer less than fifty percent
 70  5 or less of the entire franchise would be owned by persons who
 70  6 meet the franchisor's reasonable current qualifications, the
 70  7 franchisor may refuse to authorize the transfer, provided that
 70  8 enforcement of the reasonable current qualifications is not
 70  9 arbitrary or capricious.
 70 10    Sec. 187.  Section 554D.120, subsection 2, Code 2001, is
 70 11 amended to read as follows:
 70 12    2.  Except as otherwise provided in section 554D.114,
 70 13 subsection 6, on or before July 1, 2003, a state executive
 70 14 branch agency, department, board, commission, authority, or
 70 15 institution, in consultation and cooperation with the division
 70 16 of information technology services of the department of
 70 17 general services, shall send and accept electronic records and
 70 18 electronic signatures to and from other persons and otherwise
 70 19 create, generate, communicate, store, process, use, and rely
 70 20 upon electronic records and signatures.  The department of
 70 21 management, upon the written request of a state executive
 70 22 branch agency, department, board, commission, authority, or
 70 23 institution and for good cause shown, may grant a waiver from
 70 24 the July 1, 2003, deadline established in this section to the
 70 25 state executive branch agency, department, board, commission,
 70 26 authority, or institution.
 70 27    Sec. 188.  Section 554D.120, subsection 3, unnumbered
 70 28 paragraph 1, Code 2001, is amended to read as follows:
 70 29    To the extent that a governmental agency of this state uses
 70 30 electronic records and electronic signatures under subsection
 70 31 1 or 2, the office of the secretary of state and the division
 70 32 of information technology services of the department of
 70 33 general services, jointly, and in consultation with the office
 70 34 of the attorney general, giving due consideration to security,
 70 35 may specify by rule all of the following:
 71  1    Sec. 189.  Section 595.13, Code 2001, is amended to read as
 71  2 follows:
 71  3    595.13  CERTIFICATE – RETURN.
 71  4    After the marriage has been solemnized, the officiating
 71  5 minister or magistrate shall attest to the marriage on the
 71  6 blank provided for that purpose and return the certificate of
 71  7 marriage within fifteen days to the county registrar who
 71  8 issued the marriage license upon the blank provided for that
 71  9 purpose.
 71 10    Sec. 190.  Section 633.568, Code 2001, is amended to read
 71 11 as follows:
 71 12    633.568  NOTICE TO PROPOSED WARD.
 71 13    1.  a.  If the proposed ward is an adult, notice of the
 71 14 filing of the petition shall be served upon the proposed ward
 71 15 in the manner of an original notice and the content of the
 71 16 notice is governed by the rules of civil procedure governing
 71 17 original notice.
 71 18    b.  Except where the ward is the petitioner, notice shall
 71 19 also be served upon the ward's spouse.  If the ward has no
 71 20 spouse, notice shall be served upon the ward's adult children,
 71 21 if any.
 71 22    2.  a.  If the proposed ward is a minor or if the proposed
 71 23 ward is an adult under a standby petition and the court
 71 24 determines, pursuant to section 633.575, subsection 1,
 71 25 paragraph "b", that the proposed ward is entitled to
 71 26 representation, notice in the manner of original notice, or
 71 27 another form of notice ordered by the court, given to the
 71 28 attorney appointed to represent the ward is notice to the
 71 29 proposed ward.
 71 30    b.  Notice shall also be served upon the:
 71 31    (1)  The parents of the proposed ward, if the ward is a
 71 32 minor.
 71 33    (2)  The spouse of the proposed ward, if the proposed ward
 71 34 is an adult.  If the ward has no spouse, notice shall be
 71 35 serviced upon the proposed ward's adult children, if any.
 72  1    3.  Service of notice under this section upon persons other
 72  2 than the proposed ward shall be made upon such persons whose
 72  3 identities are reasonably ascertainable pursuant to section
 72  4 633.40, subsection 5.  Proof of service shall be made by
 72  5 affidavit, to which copies of all documents served shall be
 72  6 attached.
 72  7    Sec. 191.  Section 633.6202, subsection 2, paragraph o,
 72  8 Code 2001, is amended to read as follows:
 72  9    o.  Authorize or direct transfer or of a trust or trust
 72 10 property to or from another jurisdiction.
 72 11    Sec. 192.  Section 692A.7, subsection 1, Code 2001, is
 72 12 amended to read as follows:
 72 13    1.  A person required to register under this chapter who
 72 14 knowingly violates any requirements specified under sections
 72 15 692A.2 through 692A.4 commits an aggravated misdemeanor for a
 72 16 first offense and a class "D" felony for a second or
 72 17 subsequent offense.  However, a person required to register
 72 18 under this chapter who knowingly violates any of the
 72 19 requirements specified under sections 692A.2 through 692A.4
 72 20 and who commits a criminal offense against a minor, sexual
 72 21 exploitation, an other relevant offense, or a sexually violent
 72 22 offense is guilty of a class "C" felony.  Any fine imposed for
 72 23 a second or subsequent violation shall not be suspended.  The
 72 24 court shall not defer judgment or sentence for any violation
 72 25 of any requirements specified under sections 692A.2 through
 72 26 692A.4.  A knowing violation of by a person, who is on
 72 27 probation, parole, work release, or any other form of release,
 72 28 to comply with of any requirements specified under sections
 72 29 692A.2 through 692A.4 shall result in the automatic revocation
 72 30 of the person's probation, parole, or work release.
 72 31    Sec. 193.  Section 692A.13, subsection 3, paragraph c,
 72 32 subparagraph (1), Code 2001, is amended to read as follows:
 72 33    (1)  Persons who commit a criminal offense against a minor,
 72 34 an aggravated offense, sexual exploitation, a sexually violent
 72 35 offense, or an other relevant offense on or after the
 73  1 effective date of this Act July 1, 1999, and who have been
 73  2 assessed to be "moderate-risk" or "high-risk".
 73  3    Sec. 194.  Section 714.16, subsection 2, paragraph n,
 73  4 subparagraph (1), unnumbered paragraph 1, Code Supplement
 73  5 2001, is amended to read as follows:
 73  6    It is an unlawful practice for a person to misrepresent the
 73  7 geographic location of a supplier or of a service or product
 73  8 by listing a fictitious business name or an assumed business
 73  9 name in a local telephone directory or directory assistance
 73 10 database if all of the following apply:
 73 11    Sec. 195.  Section 910.1, subsection 4, Code 2001, is
 73 12 amended to read as follows:
 73 13    4.  "Restitution" means payment of pecuniary damages to a
 73 14 victim in an amount and in the manner provided by the
 73 15 offender's plan of restitution.  "Restitution" also includes
 73 16 fines, penalties, and surcharges, the contribution of funds to
 73 17 a local anticrime organization which provided assistance to
 73 18 law enforcement in an offender's case, the payment of crime
 73 19 victim compensation program reimbursements, payment of
 73 20 restitution to public agencies pursuant to section 321J.2,
 73 21 subsection 9, paragraph "b", court costs including
 73 22 correctional fees approved pursuant to section 356.7, court-
 73 23 appointed attorney's attorney fees, or ordered pursuant to
 73 24 section 815.9, including the expense of a public defender, and
 73 25 the performance of a public service by an offender in an
 73 26 amount set by the court when the offender cannot reasonably
 73 27 pay all or part of the court costs including correctional fees
 73 28 approved pursuant to section 356.7, court-appointed attorney's
 73 29 attorney fees, or ordered pursuant to section 815.9, including
 73 30 the expense of a public defender.
 73 31    Sec. 196.  Section 910.2, Code 2001, is amended to read as
 73 32 follows:
 73 33    910.2  RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
 73 34 SENTENCING COURT.
 73 35    In all criminal cases in which there is a plea of guilty,
 74  1 verdict of guilty, or special verdict upon which a judgment of
 74  2 conviction is rendered, the sentencing court shall order that
 74  3 restitution be made by each offender to the victims of the
 74  4 offender's criminal activities, to the clerk of court for
 74  5 fines, penalties, surcharges, and, to the extent that the
 74  6 offender is reasonably able to pay, for crime victim
 74  7 assistance reimbursement, restitution to public agencies
 74  8 pursuant to section 321J.2, subsection 9, paragraph "b", court
 74  9 costs including correctional fees approved pursuant to section
 74 10 356.7, court-appointed attorney's attorney fees ordered
 74 11 pursuant to section 815.9, including the expense of a public
 74 12 defender, when applicable, or contribution to a local
 74 13 anticrime organization.  However, victims shall be paid in
 74 14 full before fines, penalties, and surcharges, crime victim
 74 15 compensation program reimbursement, public agencies, court
 74 16 costs including correctional fees approved pursuant to section
 74 17 356.7, court-appointed attorney's attorney fees, ordered
 74 18 pursuant to section 815.9, including the expenses of a public
 74 19 defender, or contributions to a local anticrime organization
 74 20 are paid.  In structuring a plan of restitution, the court
 74 21 shall provide for payments in the following order of priority:
 74 22 victim, fines, penalties, and surcharges, crime victim
 74 23 compensation program reimbursement, public agencies, court
 74 24 costs including correctional fees approved pursuant to section
 74 25 356.7, court-appointed attorney's attorney fees, or ordered
 74 26 pursuant to section 815.9, including the expense of a public
 74 27 defender, and contribution to a local anticrime organization.
 74 28    When the offender is not reasonably able to pay all or a
 74 29 part of the crime victim compensation program reimbursement,
 74 30 public agency restitution, court costs including correctional
 74 31 fees approved pursuant to section 356.7, court-appointed
 74 32 attorney's attorney fees, ordered pursuant to section 815.9,
 74 33 including the expense of a public defender, or contribution to
 74 34 a local anticrime organization, the court may require the
 74 35 offender in lieu of that portion of the crime victim
 75  1 compensation program reimbursement, public agency restitution,
 75  2 court costs including correctional fees approved pursuant to
 75  3 section 356.7, court-appointed attorney's attorney fees,
 75  4 ordered pursuant to section 815.9, including the expense of a
 75  5 public defender, or contribution to a local anticrime
 75  6 organization for which the offender is not reasonably able to
 75  7 pay, to perform a needed public service for a governmental
 75  8 agency or for a private nonprofit agency which provides a
 75  9 service to the youth, elderly, or poor of the community.  When
 75 10 community service is ordered, the court shall set a specific
 75 11 number of hours of service to be performed by the offender
 75 12 which, for payment of court-appointed attorney's attorney fees
 75 13 or ordered pursuant to section 815.9, including the expenses
 75 14 of a public defender, shall be approximately equivalent in
 75 15 value to those costs.  The judicial district department of
 75 16 correctional services shall provide for the assignment of the
 75 17 offender to a public agency or private nonprofit agency to
 75 18 perform the required service.
 75 19    Sec. 197.  Section 910.3, Code 2001, is amended to read as
 75 20 follows:
 75 21    910.3  DETERMINATION OF AMOUNT OF RESTITUTION.
 75 22    The county attorney shall prepare a statement of pecuniary
 75 23 damages to victims of the defendant and, if applicable, any
 75 24 award by the crime victim compensation program and expenses
 75 25 incurred by public agencies pursuant to section 321J.2,
 75 26 subsection 9, paragraph "b", and shall provide the statement
 75 27 to the presentence investigator or submit the statement to the
 75 28 court at the time of sentencing.  The clerk of court shall
 75 29 prepare a statement of court-appointed attorney's attorney
 75 30 fees, ordered pursuant to section 815.9, including the expense
 75 31 of a public defender, and court costs including correctional
 75 32 fees claimed by a sheriff pursuant to section 356.7, which
 75 33 shall be provided to the presentence investigator or submitted
 75 34 to the court at the time of sentencing.  If these statements
 75 35 are provided to the presentence investigator, they shall
 76  1 become a part of the presentence report.  If pecuniary damage
 76  2 amounts are not available at the time of sentencing, the
 76  3 county attorney shall provide a statement of pecuniary damages
 76  4 incurred up to that time to the clerk of court.  The statement
 76  5 shall be provided no later than thirty days after sentencing.
 76  6 If a defendant believes no person suffered pecuniary damages,
 76  7 the defendant shall so state.  If the defendant has any mental
 76  8 or physical impairment which would limit or prohibit the
 76  9 performance of a public service, the defendant shall so state.
 76 10 The court may order a mental or physical examination, or both,
 76 11 of the defendant to determine a proper course of action.  At
 76 12 the time of sentencing or at a later date to be determined by
 76 13 the court, the court shall set out the amount of restitution
 76 14 including the amount of public service to be performed as
 76 15 restitution and the persons to whom restitution must be paid.
 76 16 If the full amount of restitution cannot be determined at the
 76 17 time of sentencing, the court shall issue a temporary order
 76 18 determining a reasonable amount for restitution identified up
 76 19 to that time.  At a later date as determined by the court, the
 76 20 court shall issue a permanent, supplemental order, setting the
 76 21 full amount of restitution.  The court shall enter further
 76 22 supplemental orders, if necessary.  These court orders shall
 76 23 be known as the plan of restitution.
 76 24    Sec. 198.  Section 910.9, unnumbered paragraph 3, Code
 76 25 2001, is amended to read as follows:
 76 26    Fines, penalties, and surcharges, crime victim compensation
 76 27 program reimbursement, public agency restitution, court costs
 76 28 including correctional fees claimed by a sheriff pursuant to
 76 29 section 356.7, court-appointed attorney's attorney fees, and
 76 30 ordered pursuant to section 815.9, including the expenses for
 76 31 public defenders, shall not be withheld by the clerk of court
 76 32 until all victims have been paid in full.  Payments to victims
 76 33 shall be made by the clerk of court at least quarterly.
 76 34 Payments by a clerk of court shall be made no later than the
 76 35 last business day of the quarter, but may be made more often
 77  1 at the discretion of the clerk of court.  The clerk of court
 77  2 receiving final payment from an offender shall notify all
 77  3 victims that full restitution has been made.  Each office or
 77  4 individual charged with supervising an offender who is
 77  5 required to perform community service as full or partial
 77  6 restitution shall keep records to assure compliance with the
 77  7 portions of the plan of restitution and restitution plan of
 77  8 payment relating to community service and, when the offender
 77  9 has complied fully with the community service requirement,
 77 10 notify the sentencing court.
 77 11    Sec. 199.  Sections 444.25A, 444.25B, 444.26, and 444.27,
 77 12 Code 2001, are repealed.
 77 13    Sec. 200.  2000 Iowa Acts, chapter 1148, section 1, is
 77 14 amended to read as follows:
 77 15    SECTION 1.  COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL.
 77 16    1.  Chapters 6B, 10A, 11, 12B, 24, 35B, 43, 50, 62, 64, 65,
 77 17 66, 69, 96, 99, 124C, 144, 147, 161A, 177A, 230, 257B, 306,
 77 18 309, 311, 317, 321A, 347B, 353, 354, 357, 357C, 357D, 357E,
 77 19 357F, 357G, 358, 358C, 359, 359A, 380, 384, 386, 420, 422,
 77 20 424, 425, 426A, 428, 433, 434, 435, 436, 437, 437A, 438, 440,
 77 21 441, 443, 444, 448, 449, 455I, 468, 556F, 557C, 558, 561, 595,
 77 22 614, and 658, and 717B, Code 1999 and Code Supplement 1999,
 77 23 are amended by adding the following new definition:
 77 24    NEW DEFINITION.  As used in this chapter, unless the
 77 25 context otherwise requires, "list", "book", "record", or
 77 26 "schedule" kept by a county auditor, assessor, treasurer,
 77 27 recorder, sheriff, or other county officer means the county
 77 28 system as defined in section 445.1.
 77 29    2.  The Code editor is directed to add the definition
 77 30 prescribed in subsection 1 to the definition sections of, for
 77 31 each chapter listed or, if a definition section does not
 77 32 exist, to create a definition section including the definition
 77 33 prescribed in subsection 1 for the chapter in the Code of
 77 34 Iowa, 2001.
 77 35    Sec. 201.  2000 Iowa Acts, chapter 1148, is amended by
 78  1 adding the following new sections:
 78  2    SEC. 1A.  COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL.
 78  3    1.  Sections 10A.101, 24.2, 124C.1, 144.1, 161A.3, 306.2,
 78  4 309.1, 321A.1, 354.2, 357D.1, 357E.1, 357F.1, 357G.1, 358C.1,
 78  5 386.1, 422.3, 424.2, 437.1, 437A.3, and 455I.1, Code 1999 and
 78  6 Code Supplement 1999, are amended by adding the following new
 78  7 definition:
 78  8    NEW DEFINITION.  "Book", "list", "record", or "schedule"
 78  9 kept by a county auditor, assessor, treasurer, recorder,
 78 10 sheriff, or other county officer means the county system as
 78 11 defined in section 445.1.
 78 12    2.  The Code editor is directed to add the definition
 78 13 prescribed in subsection 1 to the definitions in each section
 78 14 listed for the Code of Iowa, 2001.
 78 15    SEC. 1B.  COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL.
 78 16    1.  Sections 425.11, 435.1, and 717B.1, Code 1999 and Code
 78 17 Supplement 1999, are amended by adding the following new
 78 18 definition:
 78 19    NEW DEFINITION.  Unless the context otherwise requires,
 78 20 "book", "list", "record", or "schedule" kept by a county
 78 21 auditor, assessor, treasurer, recorder, sheriff, or other
 78 22 county officer means the county system as defined in section
 78 23 445.1.
 78 24    2.  The Code editor is directed to add the definition
 78 25 prescribed in subsection 1 to the definitions in each section
 78 26 listed for the Code of Iowa, 2001.
 78 27    Sec. 202.  2000 Iowa Acts, chapter 1228, section 37, is
 78 28 amended to read as follows:
 78 29    SEC. 37.  1991 Iowa Acts, chapter 169, section 9, as
 78 30 amended by 1996 Iowa Acts, chapter 1071, section 1, is
 78 31 repealed.
 78 32    On or before December 15, 2000, the prevention of
 78 33 disabilities policy council shall submit a report to the
 78 34 governor and the general assembly providing findings and
 78 35 recommendations regarding the activities and duties of the
 79  1 commission council and the need for its continuation.  
 79  2                          DIVISION III
 79  3    Sec. 203.  EFFECTIVE DATES.
 79  4    1.  The section of this Act amending section 14B.105,
 79  5 subsection 1, paragraph b, unnumbered paragraph 1, being
 79  6 deemed of immediate importance, takes effect upon enactment
 79  7 and applies retroactively to April 25, 2000.
 79  8    2.  The section of this Act amending section 714.16,
 79  9 subsection 2, paragraph n, being deemed of immediate
 79 10 importance, takes effect upon enactment and applies
 79 11 retroactively to July 1, 2000.
 79 12    3.  The section of this Act amending 2000 Iowa Acts,
 79 13 chapter 1228, section 37, being deemed of immediate
 79 14 importance, takes effect upon enactment and applies
 79 15 retroactively to May 17, 2000.  
 79 16 
 79 17 
 79 18                                                             
 79 19                               MARY E. KRAMER
 79 20                               President of the Senate
 79 21 
 79 22 
 79 23                                                             
 79 24                               BRENT SIEGRIST
 79 25                               Speaker of the House
 79 26 
 79 27    I hereby certify that this bill originated in the Senate and
 79 28 is known as Senate File 2275, Seventy-ninth General Assembly.
 79 29 
 79 30 
 79 31                                                             
 79 32                               MICHAEL E. MARSHALL
 79 33                               Secretary of the Senate
 79 34 Approved                , 2002
 79 35 
 80  1 
 80  2                                
 80  3 THOMAS J. VILSACK
 80  4 Governor
     
Text: SF02274                           Text: SF02276
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index

© 2002 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Jun 20 03:31:07 CDT 2002
URL: /DOCS/GA/79GA/Legislation/SF/02200/SF02275/020412.html
jhf