Text: SSB01072                          Text: SSB01074
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1073

Bill Text

PAG LIN
  1  1    Section 1.  Section 10.1, subsection 4, Code 2001, is
  1  2 amended to read as follows:
  1  3    4.  "Commodity share landlord" means a natural person or a
  1  4 general partnership as provided in chapter 486 486A in which
  1  5 all partners are natural persons, who owns at least one
  1  6 hundred fifty acres of agricultural land, if the owner
  1  7 receives rent on a commodity share basis, which may be either
  1  8 a share of the crops or livestock produced on the land.
  1  9    Sec. 2.  Section 10.1, subsection 19, paragraph b, Code
  1 10 2001, is amended to read as follows:
  1 11    b.  A general partnership as provided in chapter 486 486A
  1 12 in which all partners are natural persons actively engaged in
  1 13 farming.
  1 14    Sec. 3.  Section 13B.4, subsection 1, Code 2001, is amended
  1 15 to read as follows:
  1 16    1.  The state public defender shall coordinate the
  1 17 provision of legal representation of all indigents under
  1 18 arrest or charged with a crime, seeking postconviction relief,
  1 19 against whom a contempt action is pending, in proceedings
  1 20 under chapter 229A, in juvenile proceedings, on appeal in
  1 21 criminal cases, on appeal in proceedings to obtain
  1 22 postconviction relief when ordered to do so by the district
  1 23 court in which the judgment or order was issued, and on a
  1 24 reopening of a sentence proceeding, and may provide for the
  1 25 representation of indigents in proceedings instituted pursuant
  1 26 to chapter 908.  The state public defender shall not engage in
  1 27 the private practice of law.
  1 28    Sec. 4.  Section 13B.8, subsection 2, Code 2001, is amended
  1 29 to read as follows:
  1 30    2.  The state public defender may appoint and may, for
  1 31 cause, remove the local public defender, assistant local
  1 32 public defenders, clerks, investigators, secretaries, or other
  1 33 employees for cause.  Each local public defender, and any
  1 34 assistant local public defender, must be an attorney admitted
  1 35 to the practice of law before the Iowa supreme court.
  2  1    Sec. 5.  Section 14B.101, Code 2001, is amended by adding
  2  2 the following new subsection:
  2  3    NEW SUBSECTION.  1A.  "Department" means the information
  2  4 technology department.
  2  5    Sec. 6.  Section 14B.105, subsection 1, paragraph b,
  2  6 unnumbered paragraph 1, Code 2001, is amended to read as
  2  7 follows:
  2  8    The members appointed by the governor pursuant to paragraph
  2  9 "a", subparagraphs (3) through (7), shall serve four-year
  2 10 staggered terms as designated by the governor and such
  2 11 appointments to the information technology council are subject
  2 12 to the requirements of sections 69.16, 69.16A, and 69.19.  The
  2 13 four-year terms of members appointed by the governor shall be
  2 14 staggered as designated by the governor.  Members appointed by
  2 15 the governor pursuant to paragraph "a", subparagraphs (3)
  2 16 through (7), shall not serve consecutive four-year terms.
  2 17 Members appointed by the governor are subject to senate
  2 18 confirmation and shall be reimbursed for actual and necessary
  2 19 expenses incurred in performance of their duties.  Such
  2 20 members may also be eligible to receive compensation as
  2 21 provided in section 7E.6.  Members shall be reimbursed for
  2 22 actual and necessary expenses incurred in performance of the
  2 23 members' duties.
  2 24    Sec. 7.  Section 15E.195, subsection 2, unnumbered
  2 25 paragraph 1, Code 2001, is amended to read as follows:
  2 26    A city with a population of twenty-four thousand or more
  2 27 which designates an enterprise zone pursuant to section
  2 28 15E.194, subsection 2, and in which an eligible enterprise
  2 29 zone is certified shall establish an enterprise zone
  2 30 commission to review applications from qualified businesses
  2 31 located within or requesting to locate within an enterprise
  2 32 zone to receive incentives or assistance as provided in
  2 33 section 15E.196.  The commission shall consist of nine
  2 34 members.  Six of these members shall consist of one
  2 35 representative of an international labor organization, one
  3  1 member with economic development expertise chosen by the
  3  2 department of economic development, one representative of the
  3  3 city council, one member of the local community college board
  3  4 of directors, one member of the city planning and zoning
  3  5 commission, and one representative of the local workforce
  3  6 development center.  These six members shall select the
  3  7 remaining three members.  If the enterprise zone consists of
  3  8 an area meeting the requirements for eligibility for an urban
  3  9 enterprise community under Title XIII of the federal Omnibus
  3 10 Budget Reconciliation Act of 1993, one of the remaining three
  3 11 members shall be a representative of that community.  If a
  3 12 city contiguous to the city designating the enterprise zone is
  3 13 included in an enterprise zone, a representative of the
  3 14 contiguous city, chosen by the city council, shall be a member
  3 15 of the commission.  A city in which an eligible enterprise
  3 16 zone is certified shall have only one enterprise zone
  3 17 commission.  If a city has established an enterprise zone
  3 18 commission prior to the effective date of this Act July 1,
  3 19 1998, the city may petition to the department of economic
  3 20 development to change the structure of the existing
  3 21 commission.
  3 22    Sec. 8.  Section 29A.17, unnumbered paragraph 1, Code 2001,
  3 23 is amended to read as follows:
  3 24    The military staff of the governor shall consist of the
  3 25 adjutant general, who shall be the chief of staff; the deputy
  3 26 adjutants general, who shall be the assistant chiefs of staff;
  3 27 and the any aides, who shall be residents of the state, as the
  3 28 governor may appoint or detail from the armed forces of the
  3 29 state.
  3 30    Sec. 9.  Section 29A.66, Code 2001, is amended to read as
  3 31 follows:
  3 32    29A.66  APPLICABLE POWERS AND DUTIES.
  3 33    The powers and duties of the governor, the adjutant
  3 34 general, and the deputy adjutants general, with relation to
  3 35 the Iowa state guard, shall be the same as those powers and
  4  1 duties prescribed in this chapter for the those officers with
  4  2 relation to the national guard.
  4  3    Sec. 10.  Section 48A.31, Code 2001, is amended to read as
  4  4 follows:
  4  5    48A.31  DECEASED PERSONS RECORD.
  4  6    The state registrar of vital statistics shall transmit or
  4  7 cause to be transmitted to the state registrar of voters, once
  4  8 each calendar quarter, a certified list of all persons
  4  9 seventeen and one-half years of age and older in the state
  4 10 whose deaths have been reported to the bureau of vital records
  4 11 and statistics division of the Iowa department of public
  4 12 health since the previous list of decedents was certified to
  4 13 the state registrar of voters.  The list shall be submitted
  4 14 according to the specifications of the state registrar of
  4 15 voters, who shall determine whether each listed decedent was
  4 16 registered to vote in this state.  If the decedent was
  4 17 registered in a county which uses its own data processing
  4 18 facilities for voter registration recordkeeping, the registrar
  4 19 shall notify the commissioner in that county who shall cancel
  4 20 the decedent's registration.  If the decedent was registered
  4 21 in a county for which voter registration recordkeeping is
  4 22 performed under contract by the registrar, the registrar shall
  4 23 immediately cancel the registration and notify the
  4 24 commissioner of the county in which the decedent was
  4 25 registered to vote of the cancellation.
  4 26    Sec. 11.  Section 56.2, subsection 14, paragraph c, Code
  4 27 2001, is amended by striking the paragraph.
  4 28    Sec. 12.  Section 56.14, Code 2001, subsection 2, paragraph
  4 29 a, is amended by striking the paragraph.
  4 30    Sec. 13.  Section 97B.50A, subsection 7, paragraph b,
  4 31 subparagraph (4), Code 2001, is amended to read as follows:
  4 32    (4)  This paragraph does not apply to a member who is at
  4 33 least fifty-five years of age and would have completed a
  4 34 sufficient number of years of service if the member had
  4 35 remained in active special service employment.  For purposes
  5  1 of this subparagraph, a sufficient number of years of service
  5  2 shall be twenty-five the applicable years of service for a
  5  3 special service member as described in section 97B.49B or
  5  4 twenty-two for a special service member as described in
  5  5 section 97B.49C.
  5  6    Sec. 14.  Section 101.22, subsection 4, Code 2001, is
  5  7 amended to read as follows:
  5  8    4.  The registration notice of the owner or operator to the
  5  9 state fire marshal under subsections 1 through 3 shall be
  5 10 accompanied by a an annual fee of ten dollars for each tank
  5 11 included in the notice.  All moneys collected shall be
  5 12 retained by the department of public safety and are
  5 13 appropriated for the use of the state fire marshal.  The
  5 14 annual renewal fee applies to all owners or operators who
  5 15 filed a registration notice with the state fire marshal
  5 16 pursuant to subsections 1 through 3.
  5 17    Sec. 15.  Section 123.39, subsection 1, paragraph a, Code
  5 18 2001, is amended to read as follows:
  5 19    a.  The administrator or the local authority may suspend a
  5 20 license or permit issued pursuant to the this chapter for a
  5 21 period not to exceed one year, revoke the license or permit,
  5 22 or impose a civil penalty not to exceed one thousand dollars
  5 23 per violation.  Before suspension, revocation, or imposition
  5 24 of a civil penalty, the license or permit holder shall be
  5 25 given written notice and an opportunity for a hearing.  The
  5 26 administrator may appoint a member of the division or may
  5 27 request an administrative law judge from the department of
  5 28 inspections and appeals to conduct the hearing and issue a
  5 29 proposed decision.  Upon the motion of a party to the hearing
  5 30 or upon the administrator's own motion, the administrator may
  5 31 review the proposed decision in accordance with chapter 17A.
  5 32 Upon review of the proposed decision, the administrator may
  5 33 affirm, reverse, or modify the proposed decision.  A licensee
  5 34 or permittee aggrieved by a decision of the administrator may
  5 35 seek judicial review of the administrator's decision in
  6  1 accordance with chapter 17A.
  6  2    Sec. 16.  Section 135.43, subsection 5, paragraph d, Code
  6  3 2001, is amended to read as follows:
  6  4    d.  The administrator of the division bureau of vital
  6  5 records of the Iowa department of public health.
  6  6    Sec. 17.  Section 135.43, subsection 7, paragraph b, Code
  6  7 2001, is amended to read as follows:
  6  8    b.  A person in possession or control of medical,
  6  9 investigative, assessment, or other information pertaining to
  6 10 a child death and child abuse review shall allow the
  6 11 inspection and reproduction of the information by the
  6 12 department upon the request of the department, to be used only
  6 13 in the administration and for the duties of the Iowa child
  6 14 death review team.  Except as provided for a report on a child
  6 15 fatality by an ad hoc child fatality review committee under
  6 16 subsection 4 and, information and records produced under this
  6 17 section which are confidential under section 22.7 and chapter
  6 18 235A, and information or records received from the
  6 19 confidential records, remain confidential under this section.
  6 20 A person does not incur legal liability by reason of releasing
  6 21 information to the department as required under and in
  6 22 compliance with this section.
  6 23    Sec. 18.  Section 135.110, subsection 2, Code 2001, is
  6 24 amended to read as follows:
  6 25    2.  In performing duties pursuant to subsection 1, the
  6 26 review team shall review the relationship between the decedent
  6 27 victim and the alleged or convicted perpetrator from the point
  6 28 where the abuse allegedly began, until the domestic abuse
  6 29 death occurred, and shall review all relevant documents
  6 30 pertaining to the relationship between the parties, including
  6 31 but not limited to protective orders and dissolution, custody,
  6 32 and support agreements and related court records, in order to
  6 33 ascertain whether a correlation exists between certain events
  6 34 in the relationship and any escalation of abuse, and whether
  6 35 patterns can be established regarding such events in relation
  7  1 to domestic abuse deaths in general.  The review team shall
  7  2 consider such conclusions in making recommendations pursuant
  7  3 to subsection 1.
  7  4    Sec. 19.  Section 137C.7, Code 2001, is amended to read as
  7  5 follows:
  7  6    137C.7  LICENSE REQUIRED.
  7  7    No person shall open or operate a hotel until a license has
  7  8 been obtained from the regulatory authority and until the
  7  9 hotel has been inspected by the regulatory authority.  A
  7 10 license issued by the department of agriculture prior to
  7 11 January 1, 1979 shall be valid until its expiration date.  An
  7 12 inspection conducted by the department of agriculture prior to
  7 13 January 1, 1979 shall be valid for purposes of this section.
  7 14 Each license shall expire one year from date of issue.  A
  7 15 license is renewable.  All licenses issued under the Iowa
  7 16 hotel sanitation code that are not renewed by the licensee on
  7 17 or before the expiration date shall be subject to a penalty of
  7 18 ten percent of the license fee if the license is renewed at a
  7 19 later date.  A license is not transferable.
  7 20    Sec. 20.  Section 139A.10, Code 2001, is amended to read as
  7 21 follows:
  7 22    139A.10  FEES FOR REMOVING.
  7 23    The officers designated by the magistrate shall receive
  7 24 reasonable compensation for their services as determined by
  7 25 the local board.  The amount determined shall be certified and
  7 26 paid in the same manner as other expenses incurred under this
  7 27 chapter.
  7 28    Sec. 21.  Section 139A.30, Code 2001, is amended to read as
  7 29 follows:
  7 30    139A.30  CONFIDENTIAL REPORTS.
  7 31    Reports to the department which include the identity of
  7 32 persons infected with a sexually transmitted disease or
  7 33 infection, and all such related information, records, and
  7 34 reports concerning the person, shall be confidential and shall
  7 35 not be accessible to the public.  However, such reports,
  8  1 information, and records shall be confidential only to the
  8  2 extent necessary to prevent identification of persons named in
  8  3 such reports, information, and records; the other parts of
  8  4 such reports, information, and records shall be public
  8  5 records.  The preceding sentence shall prevail over any
  8  6 inconsistent provision of this chapter subchapter.
  8  7    Sec. 22.  Section 159.10, subsection 1, Code 2001, is
  8  8 amended to read as follows:
  8  9    1.  The state fair board, the county and district fair
  8 10 societies, the farmers institutes and short courses, and the
  8 11 farm aid associations.
  8 12    Sec. 23.  Section 161.2, subsection 4, Code 2001, is
  8 13 amended to read as follows:
  8 14    4.  "Board" means the agrichemical remediation
  8 15 reimbursement board created under section 161.3.
  8 16    Sec. 24.  Section 161.2, subsection 9, unnumbered paragraph
  8 17 1, Code 2001, is amended to read as follows:
  8 18    "Fertilizer site" means a place where containers used for
  8 19 storing or mixing a fertilizer are located, if any of the
  8 20 following apply:
  8 21    Sec. 25.  Section 161.2, subsection 14, Code 2001, is
  8 22 amended by striking the subsection.
  8 23    Sec. 26.  Section 161.6, subsection 4, paragraph a, Code
  8 24 2001, is amended to read as follows:
  8 25    a.  For a high priority site, soil and groundwater site
  8 26 cleanup shall include active remediation site cleanup where
  8 27 technically feasible, until such time as the groundwater
  8 28 contamination levels are below action levels.
  8 29    Sec. 27.  Section 161.8, subsection 3, paragraph b,
  8 30 subparagraph (1), Code 2001, is amended to read as follows:
  8 31    (1)  The responsible person performed reasonable measures
  8 32 necessary for the immediate abatement of any prohibited
  8 33 release contamination.
  8 34    Sec. 28.  Section 166D.7, subsection 1, paragraph a, Code
  8 35 2001, is amended to read as follows:
  9  1    a.  The herd shall be certified when all breeding swine
  9  2 have reacted negatively to a test.  The herd must have been
  9  3 free from infection for thirty days prior to testing.  At
  9  4 least ninety percent of swine in the herd must have been on
  9  5 the premises as a part of the herd for at least sixty days
  9  6 prior to testing, or swine in the herd must have been moved or
  9  7 relocated directly from another qualified negative herd.  To
  9  8 remain certified, the herd must be retested and recertified
  9  9 each month as provided by the department.  The herd shall be
  9 10 recertified when each month the greater of five head of swine
  9 11 or at least ten percent of the herd's breeding swine react
  9 12 negatively to a test.
  9 13    Sec. 29.  Section 166D.10, subsection 1, paragraph c, Code
  9 14 2001, is amended to read as follows:
  9 15    c.  A person transfers ownership of all or part of a herd,
  9 16 if the herd remains on the same premises.  However, the herd
  9 17 must be tested by statistical sampling.  If any part of the
  9 18 herd is subsequently moved or relocated, the swine must be
  9 19 moved or relocated in accordance with this section and
  9 20 sections 166D.7, 166D.8, and 166D.9 166D.10A.
  9 21    Sec. 30.  Section 166D.10B, subsection 1, unnumbered
  9 22 paragraph 1, Code 2001, is amended to read as follows:
  9 23    A person shall not maintain swine other than feeder swine
  9 24 pigs or cull swine at an approved premises.
  9 25    Sec. 31.  Section 202A.1, subsection 3, Code 2001, is
  9 26 amended to read as follows:
  9 27    3.  "Packer" means a person who is engaged in the business
  9 28 of slaughtering livestock or receiving, purchasing, or
  9 29 soliciting livestock for slaughter, if the meat products of
  9 30 the slaughtered livestock which are directly or indirectly to
  9 31 be offered for resale or for public consumption have a total
  9 32 annual value of ten million dollars or more.  As used in this
  9 33 chapter, "packer" includes an agent of the packer engaged in
  9 34 buying or soliciting livestock for slaughter on behalf of a
  9 35 packer.  "Packer" does not include a frozen food locker plant
 10  1 regulated under chapter 172.
 10  2    Sec. 32.  Section 207.22, subsection 3, paragraph b, Code
 10  3 2001, is amended to read as follows:
 10  4    b.  Acquisition of coal refuse disposal sites and all coal
 10  5 refuse thereon will serve the purposes of title IV of Pub. L.
 10  6 No. 95-87 or that public ownership is desirable to meet
 10  7 emergency situations and prevent recurrences of the adverse
 10  8 effect of past coal mining practices.
 10  9    Sec. 33.  Section 216A.102, subsection 1, Code 2001, is
 10 10 amended to read as follows:
 10 11    1.  An energy crisis fund is created in the state treasury.
 10 12 Moneys deposited in the fund shall be used to assist low-
 10 13 income families who qualify for the low-income heating home
 10 14 energy assistance program to avoid loss of essential heating.
 10 15    Sec. 34.  Section 232.141, subsection 3, paragraphs c and
 10 16 d, Code 2001, are amended to read as follows:
 10 17    c.  Costs incurred for compensation of an attorney
 10 18 appointed by the court to serve as counsel to any party or as
 10 19 guardian ad litem for any child shall be made paid in
 10 20 accordance with sections 13B.4 and 815.7.
 10 21    d.  Costs incurred under subsection 2 shall be paid by the
 10 22 state.  The county shall be required to reimburse the indigent
 10 23 defense fund for costs incurred by the state up to the
 10 24 county's base in subsection 2 3.
 10 25    Sec. 35.  Section 256D.1, subsection 1, paragraph b,
 10 26 unnumbered paragraph 1, Code 2001, is amended to read as
 10 27 follows:
 10 28    The department of education shall identify diagnostic
 10 29 assessment tools that can be used to assist teachers in
 10 30 measuring reading accuracy and fluency skills, including but
 10 31 not limited to, phonemic awareness, oral reading ability, and
 10 32 comprehensive comprehension skills, to improve student
 10 33 achievement in kindergarten through grade three.  The
 10 34 department, in collaboration with the area education agencies,
 10 35 school districts, and institutions with approved practitioner
 11  1 preparation programs, shall identify and serve as a
 11  2 clearinghouse on intensive, research-based strategies and
 11  3 programs for training teachers in both diagnosis and
 11  4 appropriate instruction interventions.
 11  5    Sec. 36.  Section 272C.3, subsection 2, paragraph a, Code
 11  6 2001, is amended to read as follows:
 11  7    a.  Revoke a license, or suspend a license either until
 11  8 further order of the board or for a specified period, upon any
 11  9 of the grounds specified in section 147.55, 148.6, 148B.7,
 11 10 152.10, 153.34, 154A.24, 169.13, 455B.219, 542B.21, 542C.21,
 11 11 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151, 155,
 11 12 507B or 522, as applicable, or upon any other grounds
 11 13 specifically provided for in this chapter for revocation of
 11 14 the license of a licensee subject to the jurisdiction of that
 11 15 board, or upon failure of the licensee to comply with a
 11 16 decision of the board imposing licensee discipline;
 11 17    Sec. 37.  Section 272C.4, subsection 6, Code 2001, is
 11 18 amended to read as follows:
 11 19    6.  Define by rule acts or omissions which are grounds for
 11 20 revocation or suspension of a license under section 147.55,
 11 21 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.191
 11 22 455B.219, 542B.21, 542C.21, 543B.29, 544A.13, 544B.15, or
 11 23 602.3203 or chapter 151, 155, 507B or 522, as applicable, and
 11 24 to define by rule acts or omissions which constitute
 11 25 negligence, careless acts or omissions within the meaning of
 11 26 section 272C.3, subsection 2, paragraph "b", which licensees
 11 27 are required to report to the board pursuant to section
 11 28 272C.9, subsection 2;
 11 29    Sec. 38.  Section 303.86, Code 2001, is amended to read as
 11 30 follows:
 11 31    303.86  ARTS COUNCIL.
 11 32    The Iowa state arts council is created as an advisory
 11 33 council, consisting of fifteen members, appointed by the
 11 34 governor from among citizens of Iowa who are recognized for
 11 35 their interest or experience in connection with the performing
 12  1 and fine arts.  In making appointments, due consideration
 12  2 shall be given to the recommendations made by representative
 12  3 civic, educational, and professional associations and groups
 12  4 concerned with or engaged in the production or presentation of
 12  5 the performing and fine arts.
 12  6    The term of office of each member of the Iowa state arts
 12  7 council is three years.  The governor shall designate a
 12  8 chairperson and a vice chairperson from the members of the
 12  9 council to serve at the pleasure of the governor.  All
 12 10 vacancies shall be filled for the balance of any unexpired
 12 11 term in the same manner as original appointments.  The members
 12 12 of the council shall not receive compensation for their
 12 13 services, but shall be reimbursed for their actual and
 12 14 necessary expenses incurred in the performance of their duties
 12 15 as members of the council.  Members may also be eligible for
 12 16 compensation as provided in section 7E.6.
 12 17    Sec. 39.  Section 321.219, unnumbered paragraph 1, Code
 12 18 2001, is amended to read as follows:
 12 19    A person shall not cause or knowingly permit the person's
 12 20 child or ward under the age of eighteen years to drive a motor
 12 21 vehicle upon any highway when the minor is not authorized
 12 22 under this section or in violation of this chapter.
 12 23    Sec. 40.  Section 321.279, subsection 1, Code 2001, is
 12 24 amended to read as follows:
 12 25    1.  The driver of a motor vehicle commits a serious
 12 26 misdemeanor if the driver willfully fails to bring the motor
 12 27 vehicle to a stop or otherwise eludes or attempts to elude a
 12 28 marked official law enforcement vehicle driven by a uniformed
 12 29 peace officer after being given a visual and audible signal to
 12 30 stop.  The signal given by the peace officer shall be by
 12 31 flashing red light, or by flashing red and blue lights, and
 12 32 siren.  For purposes of this section, "peace officer" means
 12 33 those officers designated under section 801.4, subsection 11,
 12 34 paragraphs "a", "b", "c", "g", and "h".
 12 35    Sec. 41.  Section 321.560, subsection 1, paragraph b, Code
 13  1 2001, is amended to read as follows:
 13  2    b.  A temporary restricted permit may be issued pursuant to
 13  3 section 321J.4, subsection 9, to a person declared to be a
 13  4 habitual offender due to a combination of the offenses listed
 13  5 under section 321.555, subsection 1, paragraph "b" or and "c".
 13  6    Sec. 42.  Section 321J.17, subsection 2, unnumbered
 13  7 paragraph 2, Code 2001, is amended to read as follows:
 13  8    The court or department may request that the community
 13  9 college or substance abuse treatment providers licensed under
 13 10 chapter 125 conducting the course for drinking drivers which
 13 11 that the person is ordered to attend immediately report to the
 13 12 court or department that the person has successfully completed
 13 13 the course for drinking drivers.  The court or department may
 13 14 request that the treatment program which the person attends
 13 15 periodically report on the defendant's attendance and
 13 16 participation in the program, as well as the status of
 13 17 treatment or rehabilitation.
 13 18    Sec. 43.  Section 322C.2, subsections 4 and 7, Code 2001,
 13 19 are amended by striking the subsections.
 13 20    Sec. 44.  Section 331.756, subsection 5, Code 2001, is
 13 21 amended to read as follows:
 13 22    5.  Enforce all forfeited bonds and recognizances and
 13 23 prosecute all proceedings necessary for the recovery of debts,
 13 24 revenues, moneys, fines, penalties, restitution of court-
 13 25 appointed attorney fees or ordered pursuant to section 815.9,
 13 26 including the expense of a public defender, and forfeitures
 13 27 accruing to the state, the county or a road district in the
 13 28 county, and all suits in the county against public service
 13 29 corporations which are brought in the name of the state.  To
 13 30 assist in this duty, the county attorney may procure
 13 31 professional collection services provided by persons or
 13 32 organizations, including private attorneys, which are
 13 33 generally considered to have knowledge and special abilities
 13 34 which are not generally available to state or local government
 13 35 or may designate another county official or agency to assist
 14  1 with collection efforts.
 14  2    If professional collection services are procured, the
 14  3 county attorney shall file with the clerk of the district
 14  4 court an indication of the satisfaction of each obligation to
 14  5 the full extent of all moneys collected in satisfaction of
 14  6 that obligation, including all fees and compensation retained
 14  7 by the collection service incident to the collection and not
 14  8 paid into the office of the clerk.
 14  9    Before a county attorney designates another county official
 14 10 or agency to assist with collection of debts, revenues,
 14 11 moneys, fines, penalties, restitution of court-appointed
 14 12 attorney fees or ordered pursuant to section 815.9, including
 14 13 the expense of a public defender, and forfeitures, the board
 14 14 of supervisors of the county must approve the designation.
 14 15    All fines, penalties, court costs, fees, and restitution
 14 16 for court-appointed attorney fees or ordered pursuant to
 14 17 section 815.9, including the expenses of a public defender
 14 18 which are delinquent as defined in section 602.8107 may be
 14 19 collected by the county attorney or the person procured or
 14 20 designated by the county attorney.  In order to receive a
 14 21 percentage of the amounts collected pursuant to section
 14 22 602.8107, the county attorney must file annually with the
 14 23 clerk of the district court on or before July 1 a notice of
 14 24 full commitment to collect delinquent obligations and must
 14 25 file on the first day of each month a list of the cases in
 14 26 which the county attorney or the person procured or designated
 14 27 by the county attorney is pursuing the collection of
 14 28 delinquent obligations.  The annual notice shall contain a
 14 29 list of procedures which will be initiated by the county
 14 30 attorney.  Amounts collected by the county attorney or the
 14 31 person procured or designated by the county attorney shall be
 14 32 distributed in accordance with section 602.8107.
 14 33    Sec. 45.  Section 403.6, subsection 17, Code 2001, is
 14 34 amended to read as follows:
 14 35    17.  Subject to applicable state or federal regulations in
 15  1 effect at the time of the city municipal action, accept
 15  2 contributions, grants, and other financial assistance from the
 15  3 state or federal government to be used upon a finding of
 15  4 public purpose for grants, loans, loan guarantees, interest
 15  5 supplements, technical assistance, or other assistance as
 15  6 necessary or appropriate to private persons for an urban
 15  7 renewal project.
 15  8    Sec. 46.  Section 403.17, subsection 10, Code 2001, is
 15  9 amended to read as follows:
 15 10    10.  "Economic development area" means an area of a
 15 11 municipality designated by the local governing body as
 15 12 appropriate for commercial and industrial enterprises, public
 15 13 improvements related to housing and residential development,
 15 14 or construction of housing and residential development for low
 15 15 and moderate income families, including single or multifamily
 15 16 housing.  If an urban renewal plan for an urban renewal area
 15 17 is based upon a finding that the area is an economic
 15 18 development area and that no part contains slum or blighted
 15 19 conditions, then the division of revenue provided in section
 15 20 403.19 and stated in the plan shall be limited to twenty years
 15 21 from the calendar year following the calendar year in which
 15 22 the city municipality first certifies to the county auditor
 15 23 the amount of any loans, advances, indebtedness, or bonds
 15 24 which qualify for payment from the division of revenue
 15 25 provided in section 403.19.  Such designated area shall not
 15 26 include agricultural land, including land which is part of a
 15 27 century farm, unless the owner of the agricultural land or
 15 28 century farm agrees to include the agricultural land or
 15 29 century farm in the urban renewal area.  For the purposes of
 15 30 this subsection, "century farm" means a farm in which at least
 15 31 forty acres of such farm have been held in continuous
 15 32 ownership by the same family for one hundred years or more.
 15 33    Sec. 47.  Section 404A.3, subsection 2, unnumbered
 15 34 paragraph 1, Code 2001, is amended to read as follows:
 15 35    The state historic preservation office shall establish
 16  1 selection criteria and standards for rehabilitation projects
 16  2 involving eligible property.  The main emphasis of the
 16  3 standards shall be to ensure that a rehabilitation project
 16  4 maintains the integrity of the eligible property.  To the
 16  5 extent applicable, the standards shall be consistent with the
 16  6 standards of the United States secretary of the interior for
 16  7 rehabilitation of eligible property that is listed on the
 16  8 national register of historic places or is designated as of
 16  9 historic significance to a district listed in the national
 16 10 register of historic places or shall be consistent with
 16 11 standards for issuance of certificates of appropriation
 16 12 appropriateness under sections 303.27 through 303.32.
 16 13    Sec. 48.  Section 422.4, subsection 2, paragraph c, Code
 16 14 2001, is amended by striking the paragraph.
 16 15    Sec. 49.  Section 422.45, subsection 2, Code 2001, is
 16 16 amended to read as follows:
 16 17    2.  The gross receipts from the sales, furnishing, or
 16 18 service of transportation service except the rental of
 16 19 recreational vehicles or recreational boats, except the rental
 16 20 of motor vehicles subject to registration which are registered
 16 21 for a gross weight of thirteen tons or less for a period of
 16 22 sixty days or less, and except the rental of aircraft for a
 16 23 period of sixty days or less.  This exemption does not apply
 16 24 to the transportation of electric energy.  This exemption does
 16 25 not apply to the transportation of natural gas.
 16 26    Sec. 50.  Section 422.45, subsection 24, unnumbered
 16 27 paragraph 2, Code 2001, is amended by striking the unnumbered
 16 28 paragraph.
 16 29    Sec. 51.  Section 422.52, subsection 4, Code 2001, is
 16 30 amended to read as follows:
 16 31    4.  The tax by this division imposed upon those sales of
 16 32 motor vehicle fuel which are subject to tax and refund under
 16 33 chapter 452A shall be collected by the state treasurer
 16 34 department by way of deduction from refunds otherwise
 16 35 allowable under said chapter.  The amount of such deductions
 17  1 the treasurer department shall transfer from the motor vehicle
 17  2 fuel fund to the special tax fund.
 17  3    Sec. 52.  Section 422B.1, subsection 6, paragraph b, Code
 17  4 2001, is amended to read as follows:
 17  5    b.  Within ten days of the election at which a majority of
 17  6 those voting on the question favors the imposition, repeal, or
 17  7 change in the rate of a local option tax, the county auditor
 17  8 shall give written notice of the result of the election by
 17  9 sending a copy of the abstract of the votes from the favorable
 17 10 election to the director of revenue and finance or, in the
 17 11 case of a local vehicle tax, to the director of the department
 17 12 of transportation, of the result of the election.
 17 13    Sec. 53.  Section 426B.1, subsection 2, paragraphs a and b,
 17 14 Code 2001, are amended by striking the paragraphs.
 17 15    Sec. 54.  Section 427.2A, unnumbered paragraph 3, Code
 17 16 2001, is amended by striking the unnumbered paragraph.
 17 17    Sec. 55.  Section 432.1, unnumbered paragraph 1, Code 2001,
 17 18 is amended to read as follows:
 17 19    Every insurance company or association of whatever kind or
 17 20 character, not including fraternal beneficiary associations,
 17 21 and nonprofit hospital and medical service corporations,
 17 22 shall, as required by law, pay to the director of the
 17 23 department of revenue and finance, or to a depository
 17 24 designated by the director, as taxes, an amount equal to the
 17 25 following, except that the premium tax applicable to county
 17 26 mutual insurance associations shall be governed by section
 17 27 518.18:
 17 28    Sec. 56.  Section 455B.190A, subsections 3 and 6, Code
 17 29 2001, are amended by striking the subsections.
 17 30    Sec. 57.  Section 455B.190A, subsection 4, Code 2001, is
 17 31 amended to read as follows:
 17 32    4.  The department shall develop, in consultation with the
 17 33 well contractors' council, a consumer information pamphlet
 17 34 regarding well construction, well maintenance, well plugging,
 17 35 and Iowa groundwater laws.  The department and the council
 18  1 shall review and revise the consumer information pamphlet as
 18  2 necessary.  The consumer information pamphlet shall be
 18  3 supplied to well contractors, at cost, and well contractors
 18  4 shall supply one copy at no cost to potential customers prior
 18  5 to initiation of well services.
 18  6    Sec. 58.  Section 455B.190A, subsection 5, unnumbered
 18  7 paragraph 1, Code 2001, is amended to read as follows:
 18  8    The department shall establish by rule and collect, in
 18  9 consultation with the well contractors' council, the following
 18 10 fees to be used to implement and administer the provisions of
 18 11 this section:
 18 12    Sec. 59.  Section 455B.601, subsection 2, paragraph b, Code
 18 13 2001, is amended to read as follows:
 18 14    b.  A responsible person has executed a remediation
 18 15 agreement with the remediation agrichemical reimbursement
 18 16 board and the responsible person is remediating or has
 18 17 remediated the site pursuant to a plan of remediation as
 18 18 provided in chapter 161.
 18 19    Sec. 60.  Section 455E.11, subsection 2, paragraph b,
 18 20 subparagraph (1), Code 2001, is amended to read as follows:
 18 21    (1)  Nine thousand dollars of the account is appropriated
 18 22 to the Iowa department of public health for carrying out the
 18 23 departmental duties under section 135.11, subsections 20 and
 18 24 21, and section 139A.31 139A.21.
 18 25    Sec. 61.  Section 476.66, subsections 1 and 7, Code 2001,
 18 26 are amended to read as follows:
 18 27    1.  The utilities board shall adopt rules which shall
 18 28 require each electric and gas public utility to establish a
 18 29 fund whose purposes shall include the receiving of
 18 30 contributions to assist the utility's low-income customers
 18 31 with weatherization measures to improve energy efficiency
 18 32 related to winter heating and summer cooling, and to
 18 33 supplement the energy assistance received under the federal
 18 34 low-income heating home energy assistance program for the
 18 35 payment of winter heating electric or gas utility bills.
 19  1    7.  Existing programs to receive customer contributions
 19  2 established by public utilities shall be construed to meet the
 19  3 requirements of this section.  Such plans shall be subject to
 19  4 review by the utilities board.  If determined not to be in
 19  5 compliance with the provisions of this section, they shall be
 19  6 given until July 1989 to modify their operation so as to be in
 19  7 compliance.
 19  8    Sec. 62.  Section 486A.1102, subsection 2, Code 2001, is
 19  9 amended to read as follows:
 19 10    2.  The agent of a foreign limited liability company
 19 11 partnership for service of process must be an individual who
 19 12 is a resident of this state or other person authorized to do
 19 13 business in this state.
 19 14    Sec. 63.  Section 511.8, subsection 22, paragraph d, Code
 19 15 2001, is amended to read as follows:
 19 16    d.  Investments in financial instruments used in hedging
 19 17 transactions are not eligible in excess of ten percent of the
 19 18 legal reserve, except insofar as the financial instruments are
 19 19 collateralized by cash or United States government obligations
 19 20 as authorized by subsection 1 deposited with a custodian bank
 19 21 as defined in subsection 21, and held under a written
 19 22 agreement with the custodian bank that complies with
 19 23 subsection 21 and provides for the proceeds of the collateral,
 19 24 subject to the terms and conditions of the applicable
 19 25 collateral or other credit support agreement, to be remitted
 19 26 to the legal reserve deposit of the company or association and
 19 27 to vest in the state in accordance with section 508.18
 19 28 whenever proceedings under this that section are instituted.
 19 29    Sec. 64.  Section 514.3, Code 2001, is amended to read as
 19 30 follows:
 19 31    514.3  APPROVAL BY COMMISSIONER.
 19 32    The articles of incorporation, and any subsequent
 19 33 amendments, of a corporation shall have endorsed on or annexed
 19 34 to those articles or amendments the approval of the
 19 35 commissioner of insurance before the same shall be filed for
 20  1 record.  A corporation shall file with the commissioner bylaws
 20  2 and subsequent amendments to the bylaws within thirty days of
 20  3 the adoption of the bylaws and amendments.
 20  4    Sec. 65.  Section 515.24, Code 2001, is amended to read as
 20  5 follows:
 20  6    515.24  TAX – COMPUTATION.
 20  7    For the purpose of determining the basis of any tax upon
 20  8 the "gross amount of premiums", or "gross receipts from
 20  9 premiums, assessments, fees, and promissory obligations", now
 20 10 or hereafter imposed upon any fire or casualty insurance
 20 11 company under any law of this state, such gross amount or
 20 12 gross receipts shall consist of the gross premiums or receipts
 20 13 for direct insurance, without including or deducting any
 20 14 amounts received or paid for reinsurance except that any
 20 15 company reinsuring windstorm or hail risks written by county
 20 16 mutual insurance associations shall be required to pay a two
 20 17 percent tax on the gross amount of reinsurance premiums
 20 18 received upon such risks, but with such other deductions as
 20 19 provided by law, and in addition deducting any so-called
 20 20 dividend or return of savings or gains to policyholders;
 20 21 provided that as to any deposits or deposit premiums received
 20 22 by any such company, the taxable premiums shall be the portion
 20 23 of such deposits or deposit premiums earned during the year
 20 24 with such deductions therefrom as provided by law.
 20 25    Sec. 66.  Section 518.17, unnumbered paragraph 2, Code
 20 26 2001, is amended to read as follows:
 20 27    Reinsurance sufficient to protect the financial stability
 20 28 of the state mutual insurance association is also required.
 20 29 Reinsurance coverage obtained by a county mutual insurance
 20 30 association shall not expose the association to losses from
 20 31 coverages written pursuant to this chapter of more than
 20 32 fifteen percent from surplus in any calendar year.  The
 20 33 commissioner of insurance may require additional reinsurance
 20 34 if necessary to protect the policyholders of the association.
 20 35    Sec. 67.  Section 515F.3, subsection 6, Code 2001, is
 21  1 amended to read as follows:
 21  2    6.  Insurance written by a county mutual insurance
 21  3 association as provided in chapter 518A 518.
 21  4    Sec. 68.  Section 536A.12, subsection 1, Code 2001, is
 21  5 amended to read as follows:
 21  6    1.  Each such license remains in full force and effect
 21  7 until surrendered, revoked, or suspended, or until there is a
 21  8 change of control on or after January 1, 1996.  A licensee, on
 21  9 or before the second day of January, shall pay to the
 21 10 superintendent the sum of two hundred fifty dollars as an
 21 11 annual license fee for the succeeding calendar year.  When a
 21 12 licensee changes its place of business from one location to
 21 13 another in the same city, it shall at once give written notice
 21 14 to the superintendent who shall attach to the license in
 21 15 writing the superintendent's record of the change and the date
 21 16 of the change, which is authority for the operation of the
 21 17 business under that license at the new place of business.
 21 18    Sec. 69.  Section 536A.30, subsection 4, Code 2001, is
 21 19 amended to read as follows:
 21 20    4.  Section 536A.12, to the extent it requires a licensee
 21 21 to pay an annual license fee which, when combined with that
 21 22 required in section 536A.7, is in excess of ten two hundred
 21 23 fifty dollars.
 21 24    Sec. 70.  Section 537A.10, subsection 5, paragraph b,
 21 25 subparagraph (2), Code 2001, is amended to read as follows:
 21 26    (2)  If pursuant to such a transfer less than fifty percent
 21 27 or less of the entire franchise would be owned by persons who
 21 28 meet the franchisor's reasonable current qualifications, the
 21 29 franchisor may refuse to authorize the transfer, provided that
 21 30 enforcement of the reasonable current qualifications is not
 21 31 arbitrary or capricious.
 21 32    Sec. 71.  Section 543D.2, Code 2001, is amended to read as
 21 33 follows:
 21 34    543D.2  DEFINITIONS.
 21 35    As used in this chapter, unless the context otherwise
 22  1 requires:
 22  2    1.  "Appraisal" or "real estate appraisal" means an
 22  3 analysis, opinion, or conclusion relating to the nature,
 22  4 quality, value, or utility of specified interests in, or
 22  5 aspects of, identified real estate.  An appraisal may be
 22  6 classified by subject matter into either a valuation or an
 22  7 analysis.  A "valuation" is an estimate of the value of real
 22  8 estate or real property.  An "analysis" is a study of real
 22  9 estate or real property other than estimating value.
 22 10    2.  "Appraisal assignment" means an engagement for which an
 22 11 appraiser is employed or retained to act, or would be
 22 12 perceived by third parties or the public as acting as a
 22 13 disinterested third party in rendering an appraisal,
 22 14 valuation, or analysis.
 22 15    3.  "Appraisal foundation" means the appraisal foundation
 22 16 incorporated as an Illinois not-for-profit corporation on
 22 17 November 30, 1987.
 22 18    4.  "Appraisal report" means any written communication of
 22 19 an appraisal.
 22 20    5.  "Associate real estate appraiser" means a person who
 22 21 may not yet fully meet the requirements for certification but
 22 22 who is providing significant input into the appraisal
 22 23 development under the direction of a certified appraiser.
 22 24    6. 5.  "Board" means the real estate appraiser examining
 22 25 board established pursuant to this chapter.
 22 26    7. 6.  "Certified appraisal or certified appraisal report"
 22 27 means an appraisal or appraisal report given or signed and
 22 28 certified as an appraisal or appraisal report by an Iowa
 22 29 certified real estate appraiser.
 22 30    8. 7.  A "certified real estate appraiser" means a person
 22 31 who develops and communicates real estate appraisals and who
 22 32 holds a current, valid certificate for appraisals of types of
 22 33 real estate which may include residential, commercial, or
 22 34 rural real estate, as may be established under this chapter.
 22 35    8.  "Real property appraiser trainee" means a person who
 23  1 may not yet fully meet the requirements for certification but
 23  2 who is providing significant input into the appraisal
 23  3 development under the direction of the certified appraiser.
 23  4    9.  "Review appraiser" means a person who is responsible
 23  5 for the administrative approval of the appraised value of real
 23  6 property or assures that appraisal reports conform to the
 23  7 requirements of law and policy, or that the value of real
 23  8 property estimated by appraisers represents adequate security,
 23  9 fair market value, or other defined value.
 23 10    10.  "Specialized services" means a hypothetical or other
 23 11 special valuation, or an analysis or an appraisal which does
 23 12 not fall within the definition of an appraisal assignment.
 23 13    Sec. 72.  Section 543D.7, Code 2001, is amended to read as
 23 14 follows:
 23 15    543D.7  CERTIFICATION PROCESS.
 23 16    1.  Applications for original certification, renewal
 23 17 certification, and examinations shall be made in writing to
 23 18 the board on forms approved by the board.
 23 19    2.  Until the board has adopted final rules to implement
 23 20 this chapter, the board may issue interim annual certification
 23 21 to qualified applicants.  No interim annual certifications may
 23 22 be issued or renewed following the publication of final
 23 23 certification rules by the board.
 23 24    Sec. 73.  Section 543D.15, subsection 2, Code 2001, is
 23 25 amended to read as follows:
 23 26    2.  The term "associate real estate property appraiser
 23 27 trainee" shall only be used to refer to individuals who do not
 23 28 yet fully meet the requirements for certification but who
 23 29 provide significant input into the appraisal development under
 23 30 the direction of a certified appraiser.
 23 31    Sec. 74.  Section 543D.19, subsections 1 and 2, Code 2001,
 23 32 are amended to read as follows:
 23 33    1.  A certified real estate appraiser shall retain for
 23 34 three years, originals or true copies of all written contracts
 23 35 engaging the appraiser's services for real estate appraisal
 24  1 work and all reports and supporting data assembled and
 24  2 formulated for use by the appraiser or the associate real
 24  3 property appraiser trainee in preparing the reports.
 24  4    2.  The three-year five-year period for retention of
 24  5 records is applicable to each engagement of the services of a
 24  6 certified real estate appraiser and shall commence upon the
 24  7 date of the submission of the appraisal to the client unless,
 24  8 within the three-year five-year period, the appraiser is
 24  9 notified that the appraisal or report is involved in
 24 10 litigation, in which event the three-year five-year period for
 24 11 the retention of records shall commence upon the date of the
 24 12 final disposition of the litigation.
 24 13    Sec. 75.  Section 554D.120, subsections 2 and 3, Code 2001,
 24 14 are amended to read as follows:
 24 15    2.  Except as otherwise provided in section 554D.114,
 24 16 subsection 6, on or before July 1, 2003, a state executive
 24 17 branch agency, department, board, commission, authority, or
 24 18 institution, in consultation and cooperation with the division
 24 19 of information technology services of the department of
 24 20 general services, shall send and accept electronic records and
 24 21 electronic signatures to and from other persons and otherwise
 24 22 create, generate, communicate, store, process, use, and rely
 24 23 upon electronic records and signatures.  The department of
 24 24 management, upon the written request of a state executive
 24 25 branch agency, department, board, commission, authority, or
 24 26 institution and for good cause shown, may grant a waiver from
 24 27 the July 1, 2003, deadline established in this section to the
 24 28 state executive branch agency, department, board, commission,
 24 29 authority, or institution.
 24 30    3.  To the extent that a governmental agency of this state
 24 31 uses electronic records and electronic signatures under
 24 32 subsection 1 or 2, the office of the secretary of state and
 24 33 the division of information technology services of the
 24 34 department of general services, jointly, and in consultation
 24 35 with the office of the attorney general, giving due
 25  1 consideration to security, may specify by rule all of the
 25  2 following:
 25  3    Sec. 76.  Section 595.13, Code 2001, is amended to read as
 25  4 follows:
 25  5    595.13  CERTIFICATE – RETURN.
 25  6    After the marriage has been solemnized, the officiating
 25  7 minister or magistrate shall attest to the marriage on the
 25  8 blank provided for that purpose and return the certificate of
 25  9 marriage within fifteen days to the county registrar who
 25 10 issued the marriage license upon the blank provided for that
 25 11 purpose.
 25 12    Sec. 77.  Section 692A.7, subsection 1, Code 2001, is
 25 13 amended to read as follows:
 25 14    1.  A person required to register under this chapter who
 25 15 knowingly violates any requirements specified under sections
 25 16 692A.2 through 692A.4 commits an aggravated misdemeanor for a
 25 17 first offense and a class "D" felony for a second or
 25 18 subsequent offense.  However, a person required to register
 25 19 under this chapter who knowingly violates any of the
 25 20 requirements specified under sections 692A.2 through 692A.4
 25 21 and who commits a criminal offense against a minor, sexual
 25 22 exploitation, an other relevant offense, or a sexually violent
 25 23 offense is guilty of a class "C" felony.  Any fine imposed for
 25 24 a second or subsequent violation shall not be suspended.  The
 25 25 court shall not defer judgment or sentence for any violation
 25 26 of any requirements specified under sections 692A.2 through
 25 27 692A.4.  A knowing violation of by a person who is on
 25 28 probation, parole, work release, or any other form of release
 25 29 to comply with of any requirements specified under sections
 25 30 692A.2 through 692A.4 shall result in the automatic revocation
 25 31 of the person's probation, parole, or work release.
 25 32    Sec. 78.  Section 692A.13, subsection 3, paragraph c,
 25 33 subparagraph (1), Code 2001, is amended to read as follows:
 25 34    (1)  Persons who commit a criminal offense against a minor,
 25 35 an aggravated offense, sexual exploitation, a sexually violent
 26  1 offense, or an other relevant offense on or after the
 26  2 effective date of this Act July 1, 1999, and who have been
 26  3 assessed to be "moderate-risk" or "high-risk".
 26  4    Sec. 79.  Section 714.16, subsection 2, paragraph n,
 26  5 subparagraph (1), unnumbered paragraph 1, Code 2001, is
 26  6 amended to read as follows:
 26  7    It is an unlawful practice for a person to misrepresent the
 26  8 geographic location of a supplier or of a service or product
 26  9 by listing a fictitious business name or an assumed business
 26 10 name in a local telephone directory or directory assistance
 26 11 database if all of the following apply:
 26 12    Sec. 80.  Section 805.8, subsection 2, paragraph ah, Code
 26 13 2001, is amended to read as follows:
 26 14    ah.  If, in connection with a motor vehicle accident, a
 26 15 person is charged and found guilty of a violation of section
 26 16 321.20B, subsection 1, the scheduled fine is five hundred
 26 17 dollars, otherwise the scheduled fine for a violation of
 26 18 section 321.20B, subsection 1, is two hundred fifty dollars.
 26 19 Notwithstanding section 805.12, fines collected pursuant to
 26 20 this paragraph shall be submitted to the state court
 26 21 administrator and distributed fifty percent to the victim
 26 22 compensation fund established in section 912.14 915.94,
 26 23 twenty-five percent to the county in which such fine is
 26 24 imposed, and twenty-five percent to the general fund of the
 26 25 state.
 26 26    Sec. 81.  Section 910.1, subsection 4, Code 2001, is
 26 27 amended to read as follows:
 26 28    4.  "Restitution" means payment of pecuniary damages to a
 26 29 victim in an amount and in the manner provided by the
 26 30 offender's plan of restitution.  "Restitution" also includes
 26 31 fines, penalties, and surcharges, the contribution of funds to
 26 32 a local anticrime organization which provided assistance to
 26 33 law enforcement in an offender's case, the payment of crime
 26 34 victim compensation program reimbursements, payment of
 26 35 restitution to public agencies pursuant to section 321J.2,
 27  1 subsection 9, paragraph "b", court costs including
 27  2 correctional fees approved pursuant to section 356.7, court-
 27  3 appointed attorney's attorney fees, or ordered pursuant to
 27  4 section 815.9, including the expense of a public defender, and
 27  5 the performance of a public service by an offender in an
 27  6 amount set by the court when the offender cannot reasonably
 27  7 pay all or part of the court costs including correctional fees
 27  8 approved pursuant to section 356.7, court-appointed attorney's
 27  9 attorney fees, or ordered pursuant to section 815.9, including
 27 10 the expense of a public defender.
 27 11    Sec. 82.  Section 910.2, Code 2001, is amended to read as
 27 12 follows:
 27 13    910.2  RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
 27 14 SENTENCING COURT.
 27 15    In all criminal cases in which there is a plea of guilty,
 27 16 verdict of guilty, or special verdict upon which a judgment of
 27 17 conviction is rendered, the sentencing court shall order that
 27 18 restitution be made by each offender to the victims of the
 27 19 offender's criminal activities, to the clerk of court for
 27 20 fines, penalties, surcharges, and, to the extent that the
 27 21 offender is reasonably able to pay, for crime victim
 27 22 assistance reimbursement, restitution to public agencies
 27 23 pursuant to section 321J.2, subsection 9, paragraph "b", court
 27 24 costs including correctional fees approved pursuant to section
 27 25 356.7, court-appointed attorney's attorney fees ordered
 27 26 pursuant to section 815.9, including the expense of a public
 27 27 defender, when applicable, or contribution to a local
 27 28 anticrime organization.  However, victims shall be paid in
 27 29 full before fines, penalties, and surcharges, crime victim
 27 30 compensation program reimbursement, public agencies, court
 27 31 costs including correctional fees approved pursuant to section
 27 32 356.7, court-appointed attorney's attorney fees, ordered
 27 33 pursuant to section 815.9, including the expenses of a public
 27 34 defender, or contributions to a local anticrime organization
 27 35 are paid.  In structuring a plan of restitution, the court
 28  1 shall provide for payments in the following order of priority:
 28  2 victim, fines, penalties, and surcharges, crime victim
 28  3 compensation program reimbursement, public agencies, court
 28  4 costs including correctional fees approved pursuant to section
 28  5 356.7, court-appointed attorney's attorney fees, or ordered
 28  6 pursuant to section 815.9, including the expense of a public
 28  7 defender, and contribution to a local anticrime organization.
 28  8    When the offender is not reasonably able to pay all or a
 28  9 part of the crime victim compensation program reimbursement,
 28 10 public agency restitution, court costs including correctional
 28 11 fees approved pursuant to section 356.7, court-appointed
 28 12 attorney's attorney fees, ordered pursuant to section 815.9,
 28 13 including the expense of a public defender, or contribution to
 28 14 a local anticrime organization, the court may require the
 28 15 offender in lieu of that portion of the crime victim
 28 16 compensation program reimbursement, public agency restitution,
 28 17 court costs including correctional fees approved pursuant to
 28 18 section 356.7, court-appointed attorney's attorney fees,
 28 19 ordered pursuant to section 815.9, including the expense of a
 28 20 public defender, or contribution to a local anticrime
 28 21 organization for which the offender is not reasonably able to
 28 22 pay, to perform a needed public service for a governmental
 28 23 agency or for a private nonprofit agency which provides a
 28 24 service to the youth, elderly, or poor of the community.  When
 28 25 community service is ordered, the court shall set a specific
 28 26 number of hours of service to be performed by the offender
 28 27 which, for payment of court-appointed attorney's attorney fees
 28 28 or ordered pursuant to section 815.9, including the expenses
 28 29 of a public defender, shall be approximately equivalent in
 28 30 value to those costs.  The judicial district department of
 28 31 correctional services shall provide for the assignment of the
 28 32 offender to a public agency or private nonprofit agency to
 28 33 perform the required service.
 28 34    Sec. 83.  Section 910.3, Code 2001, is amended to read as
 28 35 follows:
 29  1    910.3  DETERMINATION OF AMOUNT OF RESTITUTION.
 29  2    The county attorney shall prepare a statement of pecuniary
 29  3 damages to victims of the defendant and, if applicable, any
 29  4 award by the crime victim compensation program and expenses
 29  5 incurred by public agencies pursuant to section 321J.2,
 29  6 subsection 9, paragraph "b", and shall provide the statement
 29  7 to the presentence investigator or submit the statement to the
 29  8 court at the time of sentencing.  The clerk of court shall
 29  9 prepare a statement of court-appointed attorney's attorney
 29 10 fees, ordered pursuant to section 815.9, including the expense
 29 11 of a public defender, and court costs including correctional
 29 12 fees claimed by a sheriff pursuant to section 356.7, which
 29 13 shall be provided to the presentence investigator or submitted
 29 14 to the court at the time of sentencing.  If these statements
 29 15 are provided to the presentence investigator, they shall
 29 16 become a part of the presentence report.  If pecuniary damage
 29 17 amounts are not available at the time of sentencing, the
 29 18 county attorney shall provide a statement of pecuniary damages
 29 19 incurred up to that time to the clerk of court.  The statement
 29 20 shall be provided no later than thirty days after sentencing.
 29 21 If a defendant believes no person suffered pecuniary damages,
 29 22 the defendant shall so state.  If the defendant has any mental
 29 23 or physical impairment which would limit or prohibit the
 29 24 performance of a public service, the defendant shall so state.
 29 25 The court may order a mental or physical examination, or both,
 29 26 of the defendant to determine a proper course of action.  At
 29 27 the time of sentencing or at a later date to be determined by
 29 28 the court, the court shall set out the amount of restitution
 29 29 including the amount of public service to be performed as
 29 30 restitution and the persons to whom restitution must be paid.
 29 31 If the full amount of restitution cannot be determined at the
 29 32 time of sentencing, the court shall issue a temporary order
 29 33 determining a reasonable amount for restitution identified up
 29 34 to that time.  At a later date as determined by the court, the
 29 35 court shall issue a permanent, supplemental order, setting the
 30  1 full amount of restitution.  The court shall enter further
 30  2 supplemental orders, if necessary.  These court orders shall
 30  3 be known as the plan of restitution.
 30  4    Sec. 84.  Section 910.9, unnumbered paragraph 3, Code 2001,
 30  5 is amended to read as follows:
 30  6    Fines, penalties, and surcharges, crime victim compensation
 30  7 program reimbursement, public agency restitution, court costs
 30  8 including correctional fees claimed by a sheriff pursuant to
 30  9 section 356.7, court-appointed attorney's attorney fees, and
 30 10 ordered pursuant to section 815.9, including the expenses for
 30 11 public defenders, shall not be withheld by the clerk of court
 30 12 until all victims have been paid in full.  Payments to victims
 30 13 shall be made by the clerk of court at least quarterly.
 30 14 Payments by a clerk of court shall be made no later than the
 30 15 last business day of the quarter, but may be made more often
 30 16 at the discretion of the clerk of court.  The clerk of court
 30 17 receiving final payment from an offender shall notify all
 30 18 victims that full restitution has been made.  Each office or
 30 19 individual charged with supervising an offender who is
 30 20 required to perform community service as full or partial
 30 21 restitution shall keep records to assure compliance with the
 30 22 portions of the plan of restitution and restitution plan of
 30 23 payment relating to community service and, when the offender
 30 24 has complied fully with the community service requirement,
 30 25 notify the sentencing court.
 30 26    Sec. 85.  Sections 444.25A, 444.25B, 444.26, and 444.27,
 30 27 Code 2001, are repealed.
 30 28    Sec. 86.  2000 Iowa Acts, chapter 1148, section 1, is
 30 29 amended to read as follows:
 30 30    SECTION 1.  COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL.
 30 31    1.  Chapters 6B, 10A, 11, 12B, 24, 35B, 43, 50, 62, 64, 65,
 30 32 66, 69, 96, 99, 124C, 144, 147, 161A, 177A, 230, 257B, 306,
 30 33 309, 311, 317, 321A, 347B, 353, 354, 357, 357C, 357D, 357E,
 30 34 357F, 357G, 358, 358C, 359, 359A, 380, 384, 386, 420, 422,
 30 35 424, 425, 426A, 428, 433, 434, 435, 436, 437, 437A, 438, 440,
 31  1 441, 443, 444, 448, 449, 455I, 468, 556F, 557C, 558, 561, 595,
 31  2 614, and 658, and 717B, Code 1999 and Code Supplement 1999,
 31  3 are amended by adding the following new definition:
 31  4    NEW DEFINITION.  As used in this chapter, unless the
 31  5 context otherwise requires, "list", "book", "record", or
 31  6 "schedule" kept by a county auditor, assessor, treasurer,
 31  7 recorder, sheriff, or other county officer means the county
 31  8 system as defined in section 445.1.
 31  9    2.  The Code editor is directed to add the definition
 31 10 prescribed in subsection 1 to the definition sections of, for
 31 11 each chapter listed or, if a definition section does not
 31 12 exist, to create a definition section including the definition
 31 13 prescribed in subsection 1 for the chapter in the Code of
 31 14 Iowa, 2001.
 31 15    Sec. 87.  2000 Iowa Acts, chapter 1148, is amended by
 31 16 adding the following new sections:
 31 17    SECTION 1A.  COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL.
 31 18    1.  Sections 10A.101, 24.2, 124C.1, 144.1, 161A.3, 306.2,
 31 19 309.1, 321A.1, 354.2, 357D.1, 357E.1, 357F.1, 357G.1, 358C.1,
 31 20 386.1, 422.3, 424.2, 437.1, 437A.3, and 455I.1, Code 1999 and
 31 21 Code Supplement 1999, are amended by adding the following new
 31 22 definition:
 31 23    NEW DEFINITION.  "Book", "list", "schedule", or "record"
 31 24 kept by a county auditor, assessor, treasurer, recorder,
 31 25 sheriff, or other county officer means the county system as
 31 26 defined in section 445.1.
 31 27    2.  The Code editor is directed to add the definition
 31 28 prescribed in subsection 1 to the definitions in each section
 31 29 listed for the Code of Iowa, 2001.
 31 30    SECTION 1B.  COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL.
 31 31    1.  Sections 425.11, 435.1, and 717B.1, Code 1999 and Code
 31 32 Supplement 1999, are amended by adding the following new
 31 33 definition:
 31 34    NEW DEFINITION.  Unless the context otherwise requires,
 31 35 "book", "list", "schedule", or "record" kept by a county
 32  1 auditor, assessor, treasurer, recorder, sheriff, or other
 32  2 county officer means the county system as defined in section
 32  3 445.1.
 32  4    2.  The Code editor is directed to add the definition
 32  5 prescribed in subsection 1 to the definitions in each section
 32  6 listed for the Code of Iowa, 2001.
 32  7    Sec. 88.  2000 Iowa Acts, chapter 1213, section 1, is
 32  8 amended to read as follows:
 32  9    SECTION 1.  Section 15.333, subsection 1, Code Supplement
 32 10 1999, is amended to read as follows:
 32 11    1.  An eligible business may claim a corporate tax credit
 32 12 up to a maximum of ten percent of the new investment which is
 32 13 directly related to new jobs created by the location or
 32 14 expansion of an eligible business under the program.  Any
 32 15 credit in excess of the tax liability for the tax year may be
 32 16 credited to the tax liability for the following seven years or
 32 17 until depleted, whichever occurs earlier.  Subject to prior
 32 18 approval by the department of economic development in
 32 19 consultation with the department of revenue and finance, an
 32 20 eligible business whose project primarily involves the
 32 21 production of value-added agricultural products may elect to
 32 22 receive a refund of all or a portion of an unused tax credit.
 32 23 The refund may be used against a tax liability imposed under
 32 24 chapter 422, division II, III, or V.  If the business is a
 32 25 partnership, subchapter S corporation, limited liability
 32 26 company, or estate or trust electing to have the income taxed
 32 27 directly to the individual, an individual may claim the tax
 32 28 credit allowed.  The amount claimed by the individual shall be
 32 29 based upon the pro rata share of the individual's earnings of
 32 30 the partnership, subchapter S corporation, limited liability
 32 31 company, or estate or trust.  For purposes of this section,
 32 32 "new investment directly related to new jobs created by the
 32 33 location or expansion of an eligible business under the
 32 34 program" means the cost of machinery and equipment, as defined
 32 35 in section 427A.1, subsection 1, paragraphs "e" and "j",
 33  1 purchased for use in the operation of the eligible business,
 33  2 the purchase price of which has been depreciated in accordance
 33  3 with generally accepted accounting principles, and the cost of
 33  4 improvements made to real property which is used in the
 33  5 operation of the eligible business and which receives a
 33  6 partial property tax exemption for the actual value added
 33  7 under section 15.332.
 33  8    1A.  An eligible business whose project primarily involves
 33  9 the production of value-added agricultural products, that
 33 10 elects to receive a refund of all or a portion of an unused
 33 11 tax credit, shall apply to the department of economic
 33 12 development for tax credit certificates.  An eligible business
 33 13 whose project primarily involves the production of value-added
 33 14 agricultural products shall not claim a tax credit under this
 33 15 section unless a tax credit certificate issued by the
 33 16 department of economic development is attached to the
 33 17 taxpayer's tax return for the tax year during for which the
 33 18 tax credit is claimed.  A tax credit certificate shall not be
 33 19 valid until the tax year following the date of the project
 33 20 completion.  A tax credit certificate shall contain the
 33 21 taxpayer's name, address, tax identification number, the date
 33 22 of project completion, the amount of the tax credit, other
 33 23 information required by the department of revenue and finance.
 33 24 The department of economic development shall not issue tax
 33 25 credit certificates which total more than four million dollars
 33 26 during a fiscal year.  If the department receives applications
 33 27 for tax credit certificates in excess of four million dollars,
 33 28 the applicants shall receive certificates for a prorated
 33 29 amount.  The tax credit certificates shall not be transferred.
 33 30    Sec. 89.  2000 Iowa Acts, chapter 1228, section 37, is
 33 31 amended to read as follows:
 33 32    SEC. 37.  1991 Iowa Acts, chapter 169, section 9, as
 33 33 amended by 1996 Iowa Acts, chapter 1071, section 1, is
 33 34 repealed.
 33 35    On or before December 15, 2000, the prevention of
 34  1 disabilities policy council shall submit a report to the
 34  2 governor and the general assembly providing findings and
 34  3 recommendations regarding the activities and duties of the
 34  4 commission council and the need for its continuation.
 34  5    Sec. 90.  EFFECTIVE DATES.
 34  6    1.  Section 6, being deemed of immediate importance, takes
 34  7 effect upon enactment and applies retroactively to April 25,
 34  8 2000.
 34  9    2.  Section 49, being deemed of immediate importance, takes
 34 10 effect upon enactment and applies retroactively to May 20,
 34 11 1999.
 34 12    3.  Section 79, being deemed of immediate importance, takes
 34 13 effect upon enactment and applies retroactively to July 1,
 34 14 2000.
 34 15    4.  Section 88 takes effect July 1, 2001.
 34 16    5.  Section 89, being deemed of immediate importance, takes
 34 17 effect upon enactment and applies retroactively to May 17,
 34 18 2000.  
 34 19                           EXPLANATION
 34 20    This bill makes corrections to the Code of Iowa to reflect
 34 21 current practices, to insert omissions, to delete
 34 22 redundancies, inaccuracies, and temporary language, and to
 34 23 resolve inconsistencies and conflicts, to update ongoing
 34 24 provisions, and to remove ambiguities.
 34 25    Code section 10.1.  Replaces references to Code chapter 486
 34 26 with references to Code chapter 486A.  Code chapter 486 was
 34 27 repealed, and superseded by Code chapter 486A, effective
 34 28 January 1, 2001, as a result of the passage of 1998 Acts,
 34 29 chapter 1201.
 34 30    Code section 13B.4.  Adds the words "in juvenile
 34 31 proceedings" to language describing the kinds of action in
 34 32 which the state public defender coordinates the legal
 34 33 representation of indigents.  Iowa Code sections 232.141,
 34 34 815.9, and 815.10 provide for the appointment of the state
 34 35 public defender's designee in juvenile matters.
 35  1    Code section 13B.8.  Corrects language relating to the
 35  2 appointment and removal of local public defenders and local
 35  3 public defender office staff by clarifying that the removals,
 35  4 and not also the appointments, are for cause.
 35  5    Code section 14B.101.  Adds a definition of the term
 35  6 "department" to the chapter relating to the information
 35  7 technology department.  Although the chapter contains many
 35  8 references to the term "department", the term was never
 35  9 defined.
 35 10    Code section 14B.105.  Corrects language relating to the
 35 11 appointment of the members to the information technology
 35 12 council.  Not all of the members, or potential members, listed
 35 13 in Code section 14B.105, subsection 1, paragraph "a",
 35 14 subparagraphs (3) through (7), are appointed by the governor.
 35 15    Code section 15E.195.  Replaces "the effective date of this
 35 16 Act" with July 1, 1998.  The language that is codified at
 35 17 subsection 2 of this Code section was enacted in section 12 of
 35 18 1998 Acts, chapter 1175, which was effective July 1, 1998,
 35 19 under Code section 3.7, subsection 1.
 35 20    Code section 29A.17.  Corrects language relating to the
 35 21 adjutants general and the appointment of aides in the military
 35 22 staff of the governor.  Updates to the language of this
 35 23 section made in 2000 Acts, chapter 1020, changed the
 35 24 application of the residency requirement and power of the
 35 25 governor to appoint additional staff.
 35 26    Code section 29A.66.  Changes the word "the" to "those" to
 35 27 clarify that it is the powers and duties of the governor, the
 35 28 adjutant general, and the deputy adjutants general that are to
 35 29 be the same for the national guard as the powers and duties
 35 30 are for the Iowa state guard.  2000 Acts, chapter 1020,
 35 31 changed the word "such" to the present word "the".
 35 32    Code section 48A.31.  Corrects a reference to the bureau of
 35 33 vital records in a provision relating to the transmission by
 35 34 the state registrar of vital statistics to the state registrar
 35 35 of voters of a list of all persons 17 1/2 years of age and
 36  1 older whose deaths have been reported to the bureau.
 36  2    Code section 56.2.  Strikes language in the definition of
 36  3 the term "express advocacy" which was held unconstitutional by
 36  4 the federal 8th Circuit Court in Iowa Right to Life v. Kay
 36  5 Williams et al., Case No. 98-4078.
 36  6    Code section 56.14.  Strikes a prohibition relating to the
 36  7 placement of political yard signs which was held
 36  8 unconstitutional in Whitton v. City of Gladstone, 54 F.3d 1400
 36  9 (8th Cir., 1995).
 36 10    Code section 97B.50A.  Changes the word "twenty-five" to
 36 11 "the applicable years of service" in language relating to
 36 12 eligibility of special service members for disability benefits
 36 13 under the Iowa public employees' retirement system.  Language
 36 14 in Code section 97B.49B, which had previously set the years of
 36 15 service level at 25 years, was amended in 2000 Acts, chapter
 36 16 1077, and the years of service language was changed to depend
 36 17 on when the service member retired.
 36 18    Code section 101.22.  Strikes the word "a" and adds the
 36 19 words "an annual" before the words "fee of ten dollars" to
 36 20 coincide with language in the last sentence of the subsection
 36 21 that refers to the "annual renewal fee".
 36 22    Code section 123.39.  Changes the words "the chapter" to
 36 23 "this chapter" in language relating to the suspension,
 36 24 revocation, or imposition of a civil penalty against certain
 36 25 licensees under the alcoholic beverages chapter.
 36 26    Code section 135.43.  Changes a reference to the division
 36 27 of vital records to the bureau of vital records in language
 36 28 relating to persons on the child death review team.  This
 36 29 corrects the name of that bureau and conforms the language to
 36 30 a very similar provision in Code section 135.109.  Corrects
 36 31 language in provisions relating to the confidentiality of
 36 32 records and information produced for the child death review
 36 33 team.  Nearly identical language is contained in a similar
 36 34 kind of provision, section 135.111, which pertains to the
 36 35 disclosure of confidential records and information to the
 37  1 domestic abuse death review team.
 37  2    Code section 135.110.  Adds the words "or convicted" to
 37  3 language relating to the investigations of the relationships
 37  4 between decedent victims and the perpetrators in domestic
 37  5 abuse death cases.  "Domestic abuse death" is defined under
 37  6 Code section 135.108 as including deaths caused by either
 37  7 alleged or convicted perpetrators.
 37  8    Code section 137C.7.  Strikes obsolete language that
 37  9 related to hotel licenses that were issued and inspections
 37 10 that were conducted by the department of agriculture and land
 37 11 stewardship prior to January 1, 1979.  The licenses expire one
 37 12 year from the date of issue and those licensing and inspection
 37 13 functions are now performed by the department of inspections
 37 14 and appeals.
 37 15    Code section 139A.10.  Strikes the words "by the
 37 16 magistrate" from language relating to compensation of officers
 37 17 designated to forcibly remove and isolate or quarantine a
 37 18 person infected with a dangerous communicable disease.  This
 37 19 provision was previously contained in former Code section
 37 20 139.13 and referred, prior to 1967, to a procedure that was at
 37 21 that time contained in Code chapter 137.  In 1967 Acts,
 37 22 chapter 163, section 26, the procedure for applying to the
 37 23 magistrate for the appointment of these officers was
 37 24 eliminated.  The procedure is now handled through the local
 37 25 board of health.
 37 26    Code section 139A.30.  Changes the word "chapter" to
 37 27 "subchapter" in language relating to the confidentiality of
 37 28 reports which include the identity of persons infected with a
 37 29 sexually transmitted disease or infection.  The language from
 37 30 this section previously was contained in former Code section
 37 31 140.3.  The provision applied to the contents of that chapter,
 37 32 which is now contained in subchapter II of Code chapter 139A.
 37 33    Code section 159.10.  Strikes language relating to the
 37 34 farmers institutes which were abolished in 1998, with the
 37 35 passage of 1998 Acts, chapter 1031.
 38  1    Code section 161.2.  Adds the words "are located" to
 38  2 language contained in subsection 9, defining what constitutes
 38  3 a fertilizer site in the agrichemical remediation chapter.
 38  4 This is consistent with the manner in which another definition
 38  5 of "pesticide site" is constructed.  Subsection 14 is
 38  6 stricken.  That term is not defined in Code section 455B.602.
 38  7 Corrects the use of the name of the agrichemical remediation
 38  8 board in the definition of the term "board" in the
 38  9 agrichemical remediation chapter.  This conforms the name to
 38 10 the name as given in Code section 161.3, which is referenced
 38 11 in the definition of the term "board".
 38 12    Code section 161.6.  Strikes the word "remediation" and
 38 13 inserts the words "site cleanup" in language relating to the
 38 14 classification and prioritization of contaminated agrichemical
 38 15 sites.  The term "active site cleanup" is defined for purposes
 38 16 of that chapter, whereas "active remediation" is not defined.
 38 17    Code section 161.8.  Strikes the words "prohibited
 38 18 release", which is not defined in Code section 455B.602, and
 38 19 replaces it with the word "contamination".  The latter term is
 38 20 used throughout these provisions, is defined, and appears to
 38 21 accomplish the same purpose as the stricken language.
 38 22    Code section 166D.7.  Moves the words "each month" from
 38 23 language relating to standards which must be met for the
 38 24 recertification to occur to language describing what must be
 38 25 done for a swine herd to be certified as free from
 38 26 pseudorabies infection.
 38 27    Code section 166D.10.  Corrects an incorrect citation to
 38 28 Code section 166D.9 to reflect the correct citation of Code
 38 29 section 166D.10A in a provision in the pseudorabies chapter
 38 30 which describes the inspection and other requirements which
 38 31 apply to the movement of swine.
 38 32    Code section 166D.10B.  Changes the word "swine" to "pigs"
 38 33 in the term "feeder swine".  This section relates to what
 38 34 swine can be maintained at approved premises and refers in the
 38 35 balance of the section to "feeder pigs" and "cull swine" as
 39  1 the kinds of swine that may be maintained at that location.
 39  2    Code section 202A.1.  Strikes, from the definition of the
 39  3 term "packer" in the chapter relating to livestock marketing
 39  4 practices, a sentence excluding frozen food locker plants from
 39  5 that definition.  Code chapter 172 was stricken from the Code
 39  6 by 2000 Acts, chapter 1100, section 2.
 39  7    Code section 207.22.  Adds a federal public law number
 39  8 cite, to Pub. L. No. 95-87, to the reference to title IV in
 39  9 the chapter pertaining to coal mining.  Title IV is also
 39 10 referenced in Code section 207.21, in conjunction with this
 39 11 public law number, and those references indicate that this
 39 12 public law contains that particular title.
 39 13    Code sections 216A.102 and 476.66.  Corrects the name in
 39 14 two references to the low-income home energy assistance
 39 15 program, which is a federal energy assistance program
 39 16 referenced in Code sections 216A.101, 216A.103, 476.20, and
 39 17 476.51.  Obsolete language relating to bringing existing
 39 18 utilities compliance with the customer contribution fund
 39 19 requirements is also deleted in subsection 7 of Code section
 39 20 476.66.
 39 21    Code section 232.141.  Changes the word "made" to "paid"
 39 22 and corrects an internal reference in language describing the
 39 23 compensation of court-appointed attorneys in juvenile matters.
 39 24 The first change is consistent with other language within the
 39 25 subsection.  The language which provides for the calculation
 39 26 of the county's base cost is found in paragraph "b" of
 39 27 subsection 3 in this section.
 39 28    Code section 256D.1.  Changes the word "comprehensive" to
 39 29 "comprehension" in language describing the types of accuracy
 39 30 and fluency skills for which the department of education is to
 39 31 identify diagnostic assessment tools as part of the Iowa early
 39 32 intervention block grant program.  This change is consistent
 39 33 with other language found in Code section 256D.2.
 39 34    Code section 272C.3.  Adds a reference to Code section
 39 35 455B.219 to correspond to the correction made in Code section
 40  1 272C.4 in this Act.
 40  2    Code section 272C.4.  Changes a citation to Code section
 40  3 455B.191 to a citation to Code section 455B.219.  Code section
 40  4 272C.1, subsection 6, paragraph "x", refers to the director of
 40  5 the department of natural resources in certifying water
 40  6 treatment operators under Code sections 455B.211 through
 40  7 455B.224.
 40  8    Code section 303.86.  Conforms the name of the Iowa state
 40  9 arts council, by striking the word "state", to that name as it
 40 10 is found in Code sections 303.1 and 303.8.
 40 11    Code section 321.219.  Strikes the words "section or in
 40 12 violation of this" from this provision which prohibits persons
 40 13 from allowing unauthorized minors to drive.  The section does
 40 14 not authorize minors to drive.
 40 15    Code section 321.279.  Adds the words "or by flashing red
 40 16 and blue lights" to the provision which describes the warning
 40 17 signal which when given by a peace officer and not obeyed
 40 18 constitutes the offense of eluding a law enforcement vehicle.
 40 19 Peace officer vehicles were permitted to be equipped with blue
 40 20 lights in addition to red lights by 2000 Acts, chapter 1045,
 40 21 sections 2 and 3.
 40 22    Code section 321.560.  Changes the word "or" to "and" in
 40 23 language which describes the combination of offenses for which
 40 24 a temporary restricted permit may be issued to a person
 40 25 declared to be a habitual offender of the motor vehicle laws.
 40 26    Code section 321J.17.  Adds language regarding licensed
 40 27 substance abuse treatment providers to language relating to
 40 28 drinking driver courses that are provided by community
 40 29 colleges.  In 2000 Acts, chapter 1138, licensed substance
 40 30 abuse treatment providers were also authorized to provide
 40 31 these courses.
 40 32    Code section 322C.2.  Strikes the definitions of the terms
 40 33 "distributor's representative" and "manufacturer's
 40 34 representative" from the chapter relating to travel trailer
 40 35 dealers, manufacturers, and distributors.  Those terms are no
 41  1 longer used in this chapter as the result of the passage of
 41  2 2000 Acts, chapters 1016 and 1154.
 41  3    Code sections 331.756, 910.1, 910.2, 910.3, and 910.9.
 41  4 Conforms references to court-appointed attorney fees and the
 41  5 expenses of a public defender to the changes that were made in
 41  6 2000 Acts, chapter 1115, section 9, in the same type of
 41  7 language in Code section 910.2.
 41  8    Code sections 403.6 and 403.17.  Strikes the word "city" in
 41  9 the urban renewal chapter.  In Code section 403.6, it is
 41 10 replaced with the word "municipal".  In Code section 403.17,
 41 11 it is replaced with the word "municipality".  Code chapter 403
 41 12 was made applicable to counties in 1991, with the passage of
 41 13 1991 Acts, chapter 214.
 41 14    Code section 404A.3.  Changes the term "certificate of
 41 15 appropriation" to "certificate of appropriateness" in the
 41 16 provision which describes the standards which are to be
 41 17 followed in the establishment of criteria and standards by the
 41 18 state historic preservation office for rehabilitation
 41 19 projects.  A procedure for issuance of certificates of
 41 20 appropriateness for historical preservation districts may be
 41 21 found in Code sections 303.27 through 303.30.
 41 22    Code section 422.4.  Deletes an obsolete provision in the
 41 23 income, sales, services, and franchise chapter that relates to
 41 24 the calculation of the standard deduction factor for the 1989
 41 25 calendar year.
 41 26    Code section 422.45.  Adds a sentence to subsection 2,
 41 27 relating to inapplicability of the exemption for gross
 41 28 receipts from the sale, furnishing, or service of
 41 29 transportation to the transportation of electric energy.  This
 41 30 sentence was added to this subsection with the passage of 1999
 41 31 Acts, chapter 151, section 15, but was inadvertently stricken
 41 32 when the language contained in 1999 Acts, chapter 151, section
 41 33 16, which had a delayed effective date of April 1, 2000, was
 41 34 implemented.  Obsolete applicability language referring to
 41 35 payments made on or after July 1, 1984, which is contained in
 42  1 subsection 24, paragraph "b", unnumbered paragraph 2, is
 42  2 stricken.
 42  3    Code section 422.52.  Replaces the words "state treasurer"
 42  4 and "treasurer" with the word "department".  The department of
 42  5 revenue and finance now performs this collection of and
 42  6 transfer of revenue from the tax on sales of motor vehicle
 42  7 fuel.
 42  8    Code section 422B.1.  Moves the phrase "of the result of
 42  9 the election" to after the words "written notice".  The
 42 10 "abstract of votes" language was added in 1999 with the
 42 11 passage of 1999 Acts, chapter 156.  The abstract of votes is
 42 12 the result of the election.
 42 13    Code section 426B.1.  Deletes obsolete language relating to
 42 14 appropriations made for property tax relief for the fiscal
 42 15 years beginning July 1, 1995, and July 1, 1996.
 42 16    Code section 427.2A.  Strikes obsolete language relating to
 42 17 certain taxes paid during the period beginning July 1, 1992,
 42 18 and ending June 30, 1997.
 42 19    Code section 432.1.  Adds the word "insurance" between the
 42 20 words "county mutual" and "associations" so that the term
 42 21 refers to county mutual insurance associations.  Code chapter
 42 22 518, a section of which is referenced in this paragraph,
 42 23 relates to the regulation of county mutual insurance
 42 24 associations.
 42 25    Code sections 444.25A, 444.25B, 444.26, and 444.27.
 42 26 Repeals obsolete provisions that relate to property tax
 42 27 limitations for the 1996 and 1997 fiscal years.
 42 28    Code section 455B.190A.  Strikes references to the well
 42 29 contractor's council, which has been disbanded.
 42 30    Code section 455B.601.  Corrects a reference to the
 42 31 agrichemical reimbursement board.
 42 32    Code section 486A.1102.  Changes a reference to the agent
 42 33 of a foreign limited liability company to a reference to the
 42 34 agent of a foreign limited liability partnership contained in
 42 35 the uniform partnership Act.
 43  1    Code section 511.8.  The word "that" is substituted for the
 43  2 word "this" in language relating to financial instruments used
 43  3 in hedging transactions by certain insurers.  This change is
 43  4 consistent with language contained in paragraphs "c" and "e"
 43  5 of the same subsection.
 43  6    Code section 514.3.  Adds the words "those articles and
 43  7 amendments" after the words "endorsed on or annexed to" in
 43  8 language relating to how the approval of the commissioner is
 43  9 to be attached to articles of incorporation and any amendments
 43 10 which are filed with the commissioner of insurance.
 43 11    Code section 515.24.  Adds the word "insurance" between the
 43 12 words "county mutual" and "associations" in provisions
 43 13 relating to the payment of tax on the gross amount of
 43 14 reinsurance premiums received for the reinsurance of windstorm
 43 15 or hail risks written by county mutual insurance associations.
 43 16    Code section 515F.3.  Changes a reference to Code chapter
 43 17 518A to Code chapter 518.  The provisions relating to the
 43 18 regulation of county mutual insurance associations are found
 43 19 in Code chapter 518.
 43 20    Code section 518.17.  Adds the word "insurance" between the
 43 21 words "state mutual" and "association".  State mutual
 43 22 insurance associations are regulated under chapter 518A.
 43 23    Code sections 536A.12 and 536A.30.  Conforms references to
 43 24 the annual license fee to the correct amount of $250.  The
 43 25 license fee relating to the making of industrial loans was
 43 26 changed in 1989, with the passage of 1989 Acts, chapter 234.
 43 27    Code section 537A.10.  Changes the words "less than fifty
 43 28 percent" to "fifty percent or less" to cover transfer of
 43 29 franchise situations in which ownership in the business was
 43 30 exactly 50 percent.  This is consistent with language found in
 43 31 paragraph "g" of subsection 5 of this section.
 43 32    Code section 543D.2.  Updates the definition of the term
 43 33 "associate appraiser" to the term "real property appraiser
 43 34 trainee" in the chapter pertaining to real estate appraisals
 43 35 and appraisers.
 44  1    Code section 543D.7.  Deletes the words "in writing" from
 44  2 the first subsection and deletes the second subsection.
 44  3 Applications have to be submitted on forms approved by the
 44  4 real estate appraiser board.  Subsection 2 referred to the
 44  5 issuance of interim annual certificates until final rules to
 44  6 implement the chapter were adopted.  The chapter was enacted
 44  7 in 1989 and final rules are in place.
 44  8    Code section 543D.15.  Changes the term "associate
 44  9 appraiser" to "real estate property appraiser trainee" to
 44 10 conform to the definition change made in Code section 543D.2.
 44 11    Code section 543D.19.  Changes the term "associate
 44 12 appraiser" to "real estate property appraiser trainee" to
 44 13 conform to the definition change made in Code section 543D.2.
 44 14 Also changes the length of time for retention of records from
 44 15 three to five years to conform to federal requirements which
 44 16 apply to all real estate appraisers in Iowa.
 44 17    Code section 554D.120.  Strikes references to the division
 44 18 of information technology services of the department of
 44 19 general services in the uniform electronic transactions Act
 44 20 and replaces them with references to the information
 44 21 technology department.  The information technology department
 44 22 assumed the duties of the information technology services
 44 23 division of the department of general services with the
 44 24 passage of 2000 Acts, chapter 1141.
 44 25    Code section 595.13.  Corrects and conforms language
 44 26 relating to the attestation of marriage and return of the
 44 27 certificate by the officiating minister or magistrate to
 44 28 language contained in Code section 144.36.
 44 29    Code section 692A.7.  Corrects language relating to the
 44 30 consequences for violations of certain sex offender registry
 44 31 requirements by persons on probation, parole, or other form of
 44 32 release.
 44 33    Code section 692A.13.  Substitutes the words "July 1, 1999"
 44 34 for "the effective date of this Act" in language relating to
 44 35 electronic access to sex offender registry information.
 45  1 Language relating to electronic access to this information
 45  2 first appeared in this section as a result of the passage of
 45  3 1998 Acts, chapter 1168, but was stricken and rewritten in
 45  4 1999 Acts, chapter 112.  Language relating to information
 45  5 received prior to July 1, 1999, was added in subparagraph (2)
 45  6 of subsection 3, paragraph "c".
 45  7    Code section 714.16.  Changes the word "or" to "of" in
 45  8 language relating to misrepresentation of a business name by a
 45  9 supplier of a service or product in a local telephone
 45 10 directory or directory assistance database.  This change is
 45 11 consistent with the language of the balance of the provision
 45 12 and is consistent with background materials used in
 45 13 preparation of the original legislation.
 45 14    Code section 805.8.  Corrects a reference to the Code
 45 15 section in which the victim compensation fund is established
 45 16 to the correct reference of Code section 915.94.  The victim
 45 17 compensation fund language was moved to that section with the
 45 18 passage of 1998 Acts, chapter 1090.
 45 19    2000 Iowa Acts, chapter 1148.  Redrafts a portion of this
 45 20 Act to omit redundant language in the new definition that was
 45 21 added to the listed Code definition sections.
 45 22    2000 Iowa Acts, chapter 1213.  Corrects language relating
 45 23 to the receipt of refunds of unused investment tax credits by
 45 24 eligible businesses for use against certain defined tax
 45 25 liabilities.
 45 26    2000 Iowa Acts, chapter 1228.  Corrects a reference to the
 45 27 prevention of disabilities policy council in language relating
 45 28 to submission of a report by that council concerning council
 45 29 activities and duties.  
 45 30 LSB 1283SC 79
 45 31 lh/cf/24
     

Text: SSB01072                          Text: SSB01074
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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