Text: SSB03098 Text: SSB03100 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 Section 1. Section 7A.20, subsection 1, Code Supplement 1 3 2001, is amended by striking the subsection. 1 4 Sec. 2. Section 9E.15, Code Supplement 2001, is amended to 1 5 read as follows: 1 6 9E.15 SHORT FORMS. 1 7 The following short form certificates of notarial acts are 1 8 sufficient for the purposes indicated, if completed with the 1 9 information required by section 9E.14, subsection 1. 1 10 1. For an acknowledgment in an individual capacity: 1 11 State of ........................ 1 12 (County) of ....................... 1 13 This instrument was acknowledged before me on 1 14 ............ by ................................. 1 15 (date) (name(s) of person(s)) 1 16 .............. 1 17 (signature of notarial officer) 1 18 (Stamp or Seal) 1 19 .................... 1 20 Title (and Rank) 1 21[My commission expires: ..]1 22 2. For an acknowledgment in a representative capacity: 1 23 State of ........................ 1 24 (County) of ....................... 1 25 This instrument was acknowledged before me on (date) by 1 26 (name(s) of person(s)) as (type of authority, e.g., officer, 1 27 trustee, etc.) of (name of party on behalf of whom instrument 1 28 was executed). 1 29 ............................... 1 30 (signature of notarial officer) 1 31 (Stamp or Seal) 1 32 .................... 1 33 Title (and Rank) 1 34[My commission expires: ..]1 35 3. For a verification upon oath or affirmation: 2 1 State of ........................ 2 2 (County) of ....................... 2 3 Signed and sworn to (or affirmed) before me on 2 4 .................... by .................... 2 5 (date) (name(s) of person(s) 2 6 making statement) 2 7 .............................. 2 8 (signature of notarial officer) 2 9 (Stamp or Seal) 2 10 .............. 2 11 Title (and Rank) 2 12[My commission expires: ..]2 13 4. For witnessing or attesting a signature: 2 14 State of ........................ 2 15 (County) of ........................ 2 16 Signed or attested before me on 2 17 .................... by ................... 2 18 (date) (name(s) of person(s)) 2 19 .............................. 2 20 (signature of notarial officer) 2 21 (Stamp or Seal) 2 22 .............. 2 23 Title (and Rank) 2 24[My commission expires: ..]2 25 5. For attestation of a copy of a document: 2 26 State of ........................ 2 27 (County) of ....................... 2 28 I certify that this is a true and correct copy of a 2 29 document in the possession of ........ 2 30 Dated .................. 2 31 .............................. 2 32 (signature of notarial officer) 2 33 (Stamp or Seal) 2 34 .............. 2 35 Title (and Rank) 3 1[My commission expires: ..]3 2 Sec. 3. Section 12.72, subsection 4, paragraph d, Code 3 3 Supplement 2001, is amended to read as follows: 3 4 d. To assure the continued solvency of any bonds secured 3 5 by the bond reserve fund, provision is made in paragraph "a" 3 6 for the accumulation in each bond reserve fund of an amount 3 7 equal to the bond reserve fund requirement for the fund. In 3 8 order further to assure maintenance of the bond reserve funds, 3 9 the treasurer shall, on or before January 1 of each calendar 3 10 year, make and deliver to the governor the treasurer's 3 11 certificate stating the sum, if any, required to restore each 3 12 bond reserve fund to the bond reserve fund requirement for 3 13 that fund. Within thirty days after the beginning of the 3 14 session of the general assembly next following the delivery of 3 15 the certificate, the governor shall submit to both houses 3 16 printed copies of a budget including the sum, if any, required 3 17 to restore each bond reserve fund to the bond reserve fund 3 18 requirement for that fund. Any sums appropriated by the 3 19 general assembly and paid to the treasurer pursuant to this 3 20 subsection shall be deposited by theauthoritytreasurer in 3 21 the applicable bond reserve fund. 3 22 Sec. 4. Section 12.82, subsection 4, paragraph d, Code 3 23 Supplement 2001, is amended to read as follows: 3 24 d. To assure the continued solvency of any bonds secured 3 25 by the bond reserve fund, provision is made in paragraph "a" 3 26 for the accumulation in each bond reserve fund of an amount 3 27 equal to the bond reserve fund requirement for the fund. In 3 28 order further to assure maintenance of the bond reserve funds, 3 29 the treasurer shall, on or before January 1 of each calendar 3 30 year, make and deliver to the governor the treasurer's 3 31 certificate stating the sum, if any, required to restore each 3 32 bond reserve fund to the bond reserve fund requirement for 3 33 that fund. Within thirty days after the beginning of the 3 34 session of the general assembly next following the delivery of 3 35 the certificate, the governor shall submit to both houses 4 1 printed copies of a budget including the sum, if any, required 4 2 to restore each bond reserve fund to the bond reserve fund 4 3 requirement for that fund. Any sums appropriated by the 4 4 general assembly and paid to the treasurer pursuant to this 4 5 subsection shall be deposited by theauthoritytreasurer in 4 6 the applicable bond reserve fund. 4 7 Sec. 5. Section 15.333, subsections 1 and 2, Code 4 8 Supplement 2001, are amended to read as follows: 4 9 1. An eligible business may claim a corporate tax credit 4 10 up to a maximum of ten percent of the new investment which is 4 11 directly related to new jobs created by the location or 4 12 expansion of an eligible business under the program. Any 4 13 credit in excess of the tax liability for the tax year may be 4 14 credited to the tax liability for the following seven years or 4 15 until depleted, whichever occurs earlier. Subject to prior 4 16 approval by the department of economic development in 4 17 consultation with the department of revenue and finance, an 4 18 eligible business whose project primarily involves the 4 19 production of value-added agricultural products may elect to 4 20 receive a refund of all or a portion of an unused tax credit. 4 21 For purposes of this section, an eligible business includes a 4 22 cooperative described in section 521 of the Internal Revenue 4 23 Code which is not required to file an Iowa corporate income 4 24 tax return, and whose project primarily involves the 4 25 production of ethanol. The refund may be used against a tax 4 26 liability imposed under chapter 422, division II, III, or V. 4 27 If the business is a partnership,subchapter S corporation, 4 28 limited liability company, or estate or trust electing to have 4 29 the income taxed directly to the individual, an individual may 4 30 claim the tax credit allowed. The amount claimed by the 4 31 individual shall be based upon the pro rata share of the 4 32 individual's earnings of the partnership,subchapterS 4 33 corporation, limited liability company, or estate or trust. 4 34 For purposes of this section, "new investment directly related 4 35 to new jobs created by the location or expansion of an 5 1 eligible business under the program" means the cost of 5 2 machinery and equipment, as defined in section 427A.1, 5 3 subsection 1, paragraphs "e" and "j", purchased for use in the 5 4 operation of the eligible business, the purchase price of 5 5 which has been depreciated in accordance with generally 5 6 accepted accounting principles, and the cost of improvements 5 7 made to real property which is used in the operation of the 5 8 eligible business. 5 9 2. An eligible business whose project primarily involves 5 10 the production of value-added agricultural products, that 5 11 elects to receive a refund of all or a portion of an unused 5 12 tax credit, shall apply to the department of economic 5 13 development for tax credit certificates. An eligible business 5 14 whose project primarily involves the production of value-added 5 15 agricultural products shall not claim a tax credit under this 5 16 section unless a tax credit certificate issued by the 5 17 department of economic development is attached to the 5 18 taxpayer's tax return for the tax yearduringfor which the 5 19 tax credit is claimed. For purposes of this section, an 5 20 eligible business includes a cooperative described in section 5 21 521 of the Internal Revenue Code which is not required to file 5 22 an Iowa corporate income tax return, and whose project 5 23 primarily involves the production of ethanol. A tax credit 5 24 certificate shall not be valid until the tax year following 5 25 the date of the project completion. A tax credit certificate 5 26 shall contain the taxpayer's name, address, tax identification 5 27 number, the date of project completion, the amount of the tax 5 28 credit, other information required by the department of 5 29 revenue and finance. The department of economic development 5 30 shall not issue tax credit certificates which total more than 5 31 four million dollars during a fiscal year. If the department 5 32 receives applications for tax credit certificates in excess of 5 33 four million dollars, the applicants shall receive 5 34 certificates for a prorated amount. The tax credit 5 35 certificates shall not be transferred. For a cooperative 6 1 described in section 521 of the Internal Revenue Code that is 6 2 not required to file an Iowa corporate income tax return, the 6 3 department of economic development shall require that the 6 4 cooperative submit a list of its members and the share of each 6 5 member's interest in the cooperative. The department shall 6 6 issue a tax credit certificate to each member contained on the 6 7 submitted list. 6 8 Sec. 6. NEW SECTION. 15E.1 DEFINITION. 6 9 As used in this chapter, unless the context otherwise 6 10 requires, "department" means the Iowa department of economic 6 11 development. 6 12 Sec. 7. Section 15E.193C, subsection 7, paragraph c, Code 6 13 Supplement 2001, is amended to read as follows: 6 14 c. The county or city for which an eligible enterprise 6 15 zone is certified may exempt from all property taxation all or 6 16 a portion of the value added to the property upon which an 6 17 eligible development business constructs, expands, or 6 18 rehabilitates property in an enterprise zone. The amount of 6 19 value added for purposes of this paragraph shall be the amount 6 20 of the increase in assessed valuation of the property 6 21 following the construction, expansion, or rehabilitation by 6 22 the development business in the enterprise zone. If an 6 23 exemption provided pursuant to this paragraph is made 6 24 applicable to only a portion of the property within an 6 25 enterprise zone, the definition of that subset of eligible 6 26 property must be by uniform criteria that further some 6 27 planning objective established by the city or county 6 28 enterprise zone commission and approved by the city or county. 6 29 The exemption may be allowed for a period not to exceed ten 6 30 years beginning the year the eligible development business 6 31 enters into an agreement with the county or city to construct, 6 32 expand, or rehabilitate property in an enterprise zone. 6 33 Sec. 8. Section 84A.4, subsection 3, Code Supplement 2001, 6 34 is amended to read as follows: 6 35 3. Section 84A.1A, subsections 2, 3, and 5, apply to the 7 1 members of a regional advisory board except that the board 7 2 shall meet if a majority of the members of the board, and not7 3five,file a written request with the chairperson for a 7 4 meeting. Members of a regional advisory board shall be 7 5 allowed their actual and necessary expenses incurred in the 7 6 performance of their duties. All expenses shall be paid from 7 7 appropriations for those purposes and the department of 7 8 workforce development is subject to the budget requirements of 7 9 chapter 8. 7 10 Sec. 9. Section 85A.20, Code Supplement 2001, is amended 7 11 to read as follows: 7 12 85A.20 INVESTIGATION. 7 13 The workers' compensation commissioner may designate the 7 14 industrial hygiene physician of the Iowa department of public 7 15 health and two physicians selected by the dean of the 7 16 university of Iowa college of medicine, from the staff of the 7 17 college, who shall be qualified to diagnose and report on 7 18 occupational diseases. For the purpose of investigating 7 19 occupational diseases, the physicians shall have the use, 7 20 without charge, of all necessary laboratory and other 7 21 facilities of the university of Iowa college of medicine and 7 22 of the university hospital at the state university of Iowa, 7 23 and of the Iowa department of public health in performingits7 24 the physicians' duties. 7 25 Sec. 10. Section 88.5, subsection 7, Code Supplement 2001, 7 26 is amended to read as follows: 7 27 7. SPECIAL VARIANCE. Where there are conflicts with 7 28 standards, rules, or regulations promulgated by any federal 7 29 agency other than the United States department of labor, 7 30 special variances from standards, rules, or regulations 7 31 promulgated under this chapter may be granted to avoid such 7 32 regulatory conflicts. Such variances shall take into 7 33 consideration the safety of the employees involved. 7 34 Notwithstanding any other provision of this chapter, and with 7 35 respect to thisparagraphsubsection, any employer seeking 8 1 relief under this provision must file an application with the 8 2 commissioner and the commissioner shall forthwith hold a 8 3 hearing at which employees or other interested persons, 8 4 including representatives of the federal regulatory agencies 8 5 involved, may appear and, upon the showing that such a 8 6 conflict indeed exists, the commissioner may issue a special 8 7 variance until the conflict is resolved. 8 8 Sec. 11. Section 123.14, subsection 2, Code 2001, is 8 9 amended to read as follows: 8 10 2. The other law enforcement divisions of the department 8 11 of public safety, the county attorney, the county sheriff and 8 12 the sheriff's deputies, and the police department of every 8 13 city, and the alcoholic beverages division of the department 8 14 ofinspections and appealscommerce, shall be supplementary 8 15 aids to the division of beer and liquor law enforcement. Any 8 16 neglect, misfeasance, or malfeasance shown by any peace 8 17 officer included in this section shall be sufficient cause for 8 18 the peace officer's removal as provided by law. Nothing in 8 19 this section shall be construed to affect the duties and 8 20 responsibilities of any county attorney or peace officer with 8 21 respect to law enforcement. 8 22 Sec. 12. Section 124C.1, unnumbered paragraph 1, Code 8 23 2001, is amended to read as follows: 8 24 As used in thissectionchapter, unless the context clearly 8 25 requires otherwise: 8 26 Sec. 13. Section 135.63, subsection 4, Code 2001, is 8 27 amended by striking the subsection. 8 28 Sec. 14. Section 154.6, Code Supplement 2001, is amended 8 29 to read as follows: 8 30 154.6 EXPIRATION AND RENEWAL OF LICENSES. 8 31 Every license to practice optometry shall expire in 8 32 multiyear intervals as determined by the board. Application 8 33 for renewal of such license shall be made in writing to the 8 34 Iowa department of public health at least thirty days prior to 8 35 the expiration date, accompanied by the required renewal fee,9 1 andthe licensee shall submitaccompanied by evidence of the 9 2 licensee's attendance of continuing education programs in this 9 3 field. 9 4 Sec. 15. Section 154A.9, Code Supplement 2001, is amended 9 5 to read as follows: 9 6 154A.9 APPLICATIONS. 9 7 Applications for licensure or for a temporary permit shall 9 8 be on forms prescribed and furnished by the board and shall 9 9 not require that arecentphotograph of the applicant be 9 10 attached to the application form. An applicant shall not be 9 11 ineligible for certification because of age, citizenship, sex, 9 12 race, religion, marital status or national origin although the 9 13 application may require citizenship information. The board 9 14 may consider the past felony record of an applicant only if 9 15 the felony conviction relates directly to the practice of 9 16 fitting or selection and sale of hearing aids. Character 9 17 references may be required, but shall not be obtained from 9 18 licensed hearing aid dispensers. 9 19 Sec. 16. Section 154A.20, subsection 3, Code Supplement 9 20 2001, is amended to read as follows: 9 21 3. Whenever any of the following conditions are found to 9 22 exist either from observations by the licensed hearing aid 9 23 dispenser or person holding a temporary permit or on the basis 9 24 of information furnished by a prospective hearing aid user, 9 25 the hearing aid dispenser or person holding a temporary permit 9 26 shall, prior to fitting and selling a hearing aid to any 9 27 individual, suggest to that individual in writing that the 9 28 individual's best interests would be served if the individual 9 29 would consult a licensed physician specializing in diseases of 9 30 the ear, or if no such licensed physician is available in the 9 31 community, thentoa duly licensed physician: 9 32 a. Visible congenital or traumatic deformity of the ear. 9 33 b. History of, or active drainage from the ear within the 9 34 previous ninety days. 9 35 c. History of sudden or rapidly progressive hearing loss 10 1 within the previous ninety days. 10 2 d. Acute or chronic dizziness. 10 3 e. Unilateral hearing loss of sudden or recent onset 10 4 within the previous ninety days. 10 5 f. Significant air-bone gap (greater than or equal to 15dB 10 6 ANSI 500, 1000 and 2000 Hz. average). 10 7 g. Obstruction of the ear canal,eitherby structures of 10 8 undetermined origin, such as foreign bodies, impacted cerumen, 10 9 redness, swelling, or tenderness from localized infections of 10 10 the otherwise normal ear canal. 10 11 Sec. 17. Section 154A.20, subsection 5, Code Supplement 10 12 2001, is amended to read as follows: 10 13 5. No hearing aid shall be sold by any individual licensed 10 14 under thisbillchapter to a person twelve years of age or 10 15 younger, unless within the preceding six months a 10 16 recommendation for a hearing aid has been made by a physician 10 17 specializing in otolaryngology. A replacement of an identical 10 18 hearing aid within one year shall be an exception to this 10 19 requirement. 10 20 Sec. 18. Section 154A.23, unnumbered paragraph 1, Code 10 21 Supplement 2001, is amended to read as follows: 10 22 Any person wishing to make a complaint against a licensee 10 23 or holder of a temporary permit shall file a written statement 10 24 with the board within twelve months from the date of the 10 25 action upon which the complaint is based. If the board 10 26 determines that the complaint alleges facts which, if proven, 10 27 would be cause for the suspension or revocation of the license 10 28 of the licensee or the permit of the holder of a temporary 10 29 permit, it shall make an order fixing a time and place for a 10 30 hearing and requiring the licensee or holder of a temporary 10 31 permit complained against to appear and defend. The order 10 32 shall contain a copy of the complaint, and the order and copy 10 33 of the complaint shall be served upon the licensee or holder 10 34 of a temporary permit at least twenty days before the date set 10 35 for hearing, either personally or as provided in section 11 1 154A.21. Continuance or adjournment of a hearing date may be 11 2 made for good cause. At the hearing the licensee or holder of 11 3 a temporary permit may be represented by counsel. The 11 4 licensee or holder of a temporary permit and the board may 11 5 take depositions in advance of hearing and after service of 11 6 the complaint, and either may compel the attendance of 11 7 witnesses by subpoenas issued by the board. The board shall 11 8 issue such subpoenas at the request of a licensee or holder of 11 9 a temporary permit. Either party taking depositions shall 11 10 give at least five days' written notice to the other party of 11 11 the time and place of such depositions, and the other party 11 12 may attend, with counsel, if desired, and cross-examine. 11 13 Sec. 19. Section 161B.1, subsection 2, Code 2001, is 11 14 amended by striking the subsection. 11 15 Sec. 20. Section 163.6, subsection 1, paragraph a, Code 11 16 Supplement 2001, is amended to read as follows: 11 17 a. "Department" means the department of agriculture and 11 18 land stewardshiporunless the United States department of 11 19 agriculture is otherwise specified. 11 20 Sec. 21. Section 163.51, subsection 4, paragraph b, Code 11 21 Supplement 2001, is amended to read as follows: 11 22 b. Upon the request of the executive council, the 11 23 department shall develop and submit a plan to the executive 11 24 council that compensates an owneroffor property, other than 11 25 an animal, that is inadvertently destroyed by the department 11 26 as a result of the department's regulation of activities in a 11 27 quarantined area. The plan shall not be implemented without 11 28 the approval of at least three members of the executive 11 29 council. The payment of the compensation under the plan shall 11 30 be made in the same manner as provided in section 163.15. The 11 31 owner may submit a claim for compensation prior to the plan's 11 32 implementation. The executive council may apply the plan 11 33 retroactively, but not earlier than June 1, 2001. 11 34 Sec. 22. Section 165A.4, Code Supplement 2001, is amended 11 35 to read as follows: 12 1 165A.4 INFECTED CATTLE. 12 2 The owner of infected cattle shall mark the cattle by 12 3 punching the letter "C" through the right ears of the cattle 12 4 as required by the department. A person shall not sell 12 5 infected cattle other than directly to a slaughtering 12 6 establishment, or to a concentration point for sale directly 12 7 to a slaughtering establishment, for immediate slaughter. 12 8 Cattle marked with a letter "C" that are kept at a 12 9 concentration pointmustshall be kept separate and apart. 12 10 Sec. 23. Section 169A.13, Code Supplement 2001, is amended 12 11 to read as follows: 12 12 169A.13 RENEWAL OF BRAND AND FEE. 12 13 Each owner of a brand which is recorded pursuant to section 12 14 169A.4 shall renew the brandeach fifth yearevery five years 12 15 after originally recording the brand and pay a renewal fee. 12 16 The amount of the renewal fee is twenty-five dollars. The 12 17 secretary shall notify every owner of a brand of record at 12 18 least thirty days prior to the date of the renewal period. If 12 19 the owner of a brand of record does not renew the brand and 12 20 pay the renewal fee within six months after it is due, the 12 21 owner shall forfeit the brand and the brand shall no longer be 12 22 recorded. A forfeited brand shall not be issued to any other 12 23 person for five years following date of forfeiture. 12 24 Sec. 24. Section 173.1A, unnumbered paragraph 1, Code 12 25 Supplement 2001, is amended to read as follows: 12 26 As used in thissectionchapter, unless the context 12 27 otherwise requires: 12 28 Sec. 25. Section 175A.2, subsection 4, Code Supplement 12 29 2001, is amended to read as follows: 12 30 4. Members are not entitled to receive compensation or 12 31 reimbursement of expenses from the departmentas otherwise12 32providednotwithstanding anything to the contrary in section 12 33 7E.6. 12 34 Sec. 26. Section 175A.3, subsection 2, paragraph e, Code 12 35 Supplement 2001, is amended to read as follows: 13 1 e.ApprovePropose rulesproposedfor adoption by the 13 2 departmentfor adoptionpursuant to chapter 17A required for 13 3 the administration of this chapter. 13 4 Sec. 27. Section 216B.4, unnumbered paragraph 1, Code 13 5 2001, is amended to read as follows: 13 6 Theadministratordirector may accept financial aid from 13 7 the government of the United States for carrying out 13 8 rehabilitation and physical restoration of the blind and for 13 9 providing library services to persons who are blind and 13 10 persons with physical disabilities. 13 11 Sec. 28. Section 225.12, Code 2001, is amended to read as 13 12 follows: 13 13 225.12 VOLUNTARY PUBLIC PATIENT – PHYSICIAN'S REPORT. 13 14 A physician filinganinformation under section 225.10 13 15 shall include a written report to the judge, giving such a 13 16 history of the case as will be likely to aid in the 13 17 observation, treatment, and hospital care of the person named 13 18 in the information and describing the same in detail. 13 19 Sec. 29. Section 225.30, Code Supplement 2001, is amended 13 20 to read as follows: 13 21 225.30 BLANKS – AUDIT. 13 22 The medical faculty of the university of Iowa college of 13 23 medicine shall prepare blanks containing such questions and 13 24 requiring such information as may be necessary and proper to 13 25 be obtained by the physician who examines a person or 13 26 respondent whose referral to the state psychiatric hospital is 13 27 contemplated. A judge may request that a physician who 13 28 examines a respondent as required by section 229.10 complete 13 29 such blanks in duplicate in the course of the examination. A 13 30 physician who proposes to fileaninformation under section 13 31 225.10 shall obtain and complete such blanks in duplicate and 13 32 file them with the information. The blanks shall be printed 13 33 by the state and a supply thereof shall be sent to the clerk 13 34 of each district court of the state. The director of revenue 13 35 and finance shall audit, allow, and pay the cost of the blanks 14 1 as other bills for public printing are allowed and paid. 14 2 Sec. 30. Section 225B.7, subsection 2, Code Supplement 14 3 2001, is amended by striking the subsection. 14 4 Sec. 31. Section 229.14, subsection 2, paragraph d, Code 14 5 Supplement 2001, is amended to read as follows: 14 6 d. If the court orders treatment of the respondent on an 14 7 outpatient or other appropriate basis as described in the 14 8 chief medical officer's report pursuant to subsection 1, 14 9 paragraph "c", the order shall provide that, should the 14 10 respondent fail or refuse to submit to treatment in accordance 14 11 with the court's order, the court may order that the 14 12 respondent be taken into immediate custody as provided by 14 13 section 229.11 and, following notice and hearing held in 14 14 accordance with the procedures of section 229.12, may order 14 15 the respondent treatedason an inpatient basis requiring 14 16 full-time custody, care, and treatment in a hospital until 14 17 such time as the chief medical officer reports that the 14 18 respondent does not require further treatment for serious 14 19 mental impairment or has indicated the respondent is willing 14 20 to submit to treatment on another basis as ordered by the 14 21 court. If a patient is transferred for treatment to another 14 22 provider under this paragraph, the treatment provider who will 14 23 be providing the outpatient or other appropriate treatment 14 24 shall be provided with copies of relevant court orders by the 14 25 former treatment provider. 14 26 Sec. 32. Section 233.1, subsection 2, paragraph a, Code 14 27 Supplement 2001, is amended to read as follows: 14 28 a. "Institutional health facility" means a hospital as 14 29 defined in section 135B.1, including a facility providing 14 30 medical or health services that is open twenty-four hours per 14 31 day, seven days per week and is a hospital emergency room,or 14 32 a health care facility as defined in section 135C.1. 14 33 Sec. 33. Section 233.6, subsection 2, Code Supplement 14 34 2001, is amended to read as follows: 14 35 2. Educational materials, public information 15 1 announcements, and other resources to develop awareness of the 15 2 availability of the newborn safe haven Act, among adolescents, 15 3 young parents, and others who might avail themselves ofthe15 4Actthis chapter. 15 5 Sec. 34. Section 235B.16, subsection 5, paragraph e, Code 15 6 Supplement 2001, is amended to read as follows: 15 7 e. A person required to complete both child abuse and 15 8 dependent adult abuse mandatory reporter training may complete 15 9 the training through a program which combines child abuse and 15 10 dependent adult abuse curricula and thereby meet the training 15 11 requirements of both this subsection and section 232.69 15 12 simultaneously. A person who is a mandatory reporter for both 15 13 child abuse and dependent adult abuse may satisfy the combined 15 14 training requirements of this subsection and section 232.69 15 15 through completion of a two-hour training program, if the 15 16 training program curriculum is approved by the appropriate 15 17 licensing or examining board or the abuse education review 15 18 panel established by the director of public health pursuant to 15 19 section 135.11. 15 20 Sec. 35. Section 236.3, unnumbered paragraph 2, Code 15 21 Supplement 2001, is amended to read as follows: 15 22 The filing fee and court costs for an order for protection 15 23 under this chapter shall be waived for the plaintiff. The 15 24 clerk of court, the sheriff of any county in this state, and 15 25 other law enforcement and corrections officers shall perform 15 26 their duties relating to service of process without charge to 15 27 thepetitionerplaintiff. When an order for protection is 15 28 entered by the court, the court may direct the defendant to 15 29 pay to the clerk of court theplaintiff's filingfees for the 15 30 filing of the petition and reasonable costs of service of 15 31 process if the court determines the defendant has the ability 15 32 to pay the plaintiff's fees and costs. 15 33 Sec. 36. Section 263A.2, Code 2001, is amended to read as 15 34 follows: 15 35 263A.2LEGISLATIVE APPROVAL BEFORE ACTING HEREUNDER16 1 AUTHORIZATION OF GENERAL ASSEMBLY AND GOVERNOR. 16 2 Subject to and in accordance with the provisions of this 16 3 chapter, the state board of regents after authorization by a 16 4 constitutional majority of the general assembly and approval 16 5 by the governor may undertake and carry out any project as 16 6 defined in this chapter at the state university of Iowa. The 16 7 state board of regents is authorized to operate, control, 16 8 maintain, and manage buildings and facilities and additions to 16 9 such buildings and facilities at said institution. All 16 10 contracts for the construction, reconstruction, completion, 16 11 equipment, improvement, repair, or remodeling of any 16 12 buildings, additions, or facilities shall be let in accordance 16 13 with the provisions of section 262.34. The title to all real 16 14 estate acquired under the provisions of this chapter and the 16 15 improvements erected thereon shall be taken and held in the 16 16 name of the state of Iowa. 16 17 Sec. 37. Section 294A.14, unnumbered paragraph 12, Code 16 18 Supplement 2001, is amended to read as follows: 16 19 For purposes of this section, "comprehensive school 16 20 transformation" means activities which focus on the 16 21 improvement of student achievement and the attainment of 16 22 student achievement goals under section 256.7, subsection 21, 16 23 and section 280.12. A comprehensive school transformation 16 24 plan submitted by a school district shall demonstrate the 16 25 manner in which the components of the plan are integrated with 16 26 a school's student achievement goals. Components of the plan 16 27 may include, but are not limited to, providing salary 16 28 increases to teachers who implement site-based shared decision 16 29 making, building-based goal-oriented compensation mechanism, 16 30 or approved innovative educational programs; who focus on 16 31 student outcomes; who direct accountability for student 16 32 achievement or accountability for organizational success; and 16 33 who work to foster relationships between a school and 16 34 businesses or public agencies which provide health and social 16 35 services. 17 1 Sec. 38. Section 303.2, subsection 2, paragraph k, Code 17 2 Supplement 2001, is amended to read as follows: 17 3 k. Administer, preserve, and interpret the battle flag 17 4 collection assembled by the state in consultation and 17 5 coordination with thedepartmentcommission of veterans 17 6 affairs and the department of general services. A portion of 17 7 the battle flag collection shall be on display at the state 17 8 capitol and the state historical building at all times, unless 17 9 on loan approved by the department of cultural affairs. 17 10 Sec. 39. Section 309.1, Code 2001, is amended by adding 17 11 the following new subsections: 17 12 NEW SUBSECTION. 1A. "Bridge" includes any structure 17 13 including supports, erected over a depression or an 17 14 obstruction, as water, a highway, or railway. A bridge has a 17 15 track or passageway for carrying traffic or other moving loads 17 16 and has an opening measured along the center of the roadway of 17 17 more than twenty feet. The measurement shall be between the 17 18 inside faces of abutments, the inside faces of the exterior 17 19 walls of multiple box culverts, the spring lines of arches, 17 20 and the horizontal measurement of circular or elliptical 17 21 structures. 17 22 a. The length of a bridge is the overall measurement from 17 23 back to back of backwalls and abutments measured along the 17 24 center of the roadway. 17 25 b. Multiple pipes, where the distance between openings is 17 26 less than half the smaller contiguous opening, may be included 17 27 as a bridge, provided the pipes meet the other definitional 17 28 requirements for bridges in this subsection. 17 29 NEW SUBSECTION. 1B. "Culvert" includes any structure not 17 30 classified as a bridge which provides an opening under any 17 31 roadway, except that this term does not include tile crossing 17 32 the road, or intakes thereto, where the tile are a part of a 17 33 tile line or system designed to aid subsurface drainage. 17 34 Sec. 40. Section 309.41, unnumbered paragraph 1, Code 17 35 2001, is amended to read as follows: 18 1 Contracts not embraced within the provisions of section 18 2 309.40 or 309.40A shall be either advertised and let at a 18 3 public letting; or, where the cost does not exceed the 18 4 engineer's estimate, let through informal bid procedure by 18 5 contacting at least three qualified bidders prior to letting 18 6 the contract. The informal bids received together with a 18 7 statement setting forth the reasons for use of the informal 18 8 procedure and bid acceptance shall be entered in the minutes 18 9 of the board of supervisors meeting at which such action was 18 10 taken. 18 11 Sec. 41. Section 321.34, subsection 12A, unnumbered 18 12 paragraph 1, Code Supplement 2001, is amended to read as 18 13 follows: 18 14 An owner of a vehicle referred to in subsection 12 who 18 15 applies for any type of special registration plates associated 18 16 with service in the United States armed forces shall be issued 18 17 one set of the special registration plates at no charge, but 18 18 shall be subject to the annual registration fee of fifteen 18 19 dollars, if all of the following conditions are met: 18 20 Sec. 42. Section 321.46, subsection 2, Code Supplement 18 21 2001, is amended to read as follows: 18 22 2. Upon filing the application for a new registration and 18 23 a new title, the applicant shall pay a title fee of ten 18 24 dollars and a registration fee prorated for the remaining 18 25 unexpired months of the registration year. A manufacturer 18 26 applying for a certificate of title pursuant to section 18 27 322G.12 shall pay a title fee of two dollars. However, a 18 28 title fee shall not be charged to a manufactured or mobile 18 29 home retailer applying for a certificate of title for a used 18 30 mobile home or manufactured home, titled in Iowa, as required 18 31 under section 321.45, subsection 4. The county treasurer, if 18 32 satisfied of the genuineness and regularity of the 18 33 application, and in the case of a mobile home or manufactured 18 34 home, that taxes are not owing under chapter 435, and that 18 35 applicant has complied with all the requirements of this 19 1 chapter, shall issue a new certificate of title and, except 19 2 for a mobile home, manufactured home, or a vehicle returned to 19 3 and accepted by a manufacturer as described in section 19 4 322G.12, a registration card to the purchaser or transferee, 19 5 shall cancel the prior registration for the vehicle, and shall 19 6 forward the necessary copies to the department on the date of 19 7 issuance, as prescribed in section 321.24. Mobile homes or 19 8 manufactured homes titled under chapter 448 that have been 19 9 subject under section 446.18 to a public bidder sale in a 19 10 county shall be titled in the county's name, with no fee, and 19 11 the county treasurer shall issue the title. 19 12 Sec. 43. Section 321.49, subsection 3, Code Supplement 19 13 2001, is amended to read as follows: 19 14 3. A manufactured or mobile home retailer who acquires a 19 15 used mobile home or manufactured home, titled in Iowa, and who 19 16 does not apply for and obtain a certificate of title from the 19 17 county treasurer of the manufactured or mobile home retailer's 19 18 county of residence within thirty days of the date of 19 19 acquisition, as required under section 321.45, subsection 4, 19 20 is subject to a penalty of ten dollars. A certificate of 19 21 title shall not be issued to the manufactured or mobile home 19 22 retailer until the penalty is paid. 19 23 Sec. 44. Section 321.56, subsection 1, unnumbered 19 24 paragraph 1, Code Supplement 2001, is amended to read as 19 25 follows: 19 26 The operator of a commercial motor vehicle which is not 19 27 registered within the state as required pursuant to this 19 28 chapter or chapter 326 or which does not have an interstate 19 29 fuel permit, as required under chapter 452A, may enter the 19 30 state and travel to a commercial vehicle dealer or repair 19 31 facility and exit the stateunderif all of the following 19 32 circumstances apply: 19 33 Sec. 45. Section 321.104, subsection 6, Code Supplement 19 34 2001, is amended to read as follows: 19 35 6. For adealermanufactured or mobile home retailer to 20 1 sell or transfer a mobile home or manufactured home without 20 2 delivering to the purchaser or transferee a certificate of 20 3 title or a manufacturer's or importer's certificate properly 20 4 assigned to the purchaser, or to transfer a mobile home or 20 5 manufactured home without disclosing to the purchaser the 20 6 owner of the mobile home or manufactured home in a manner 20 7 prescribed by the department pursuant to rules,or to fail to20 8certify within seven days to the proper county treasurer the20 9information required under section 321.45, subsection 4,or to 20 10 fail to apply for and obtain a certificate of title for a used 20 11 mobile home or manufactured home, titled in Iowa, acquired by 20 12 thedealermanufactured or mobile home retailer within thirty 20 13 days from the date of acquisition as required under section 20 14 321.45, subsection 4. 20 15 Sec. 46. Section 321.445, subsection 2, unnumbered 20 16 paragraph 3, Code Supplement 2001, is amended by striking the 20 17 unnumbered paragraph. 20 18 Sec. 47. Section 336.16, unnumbered paragraph 1, Code 20 19 Supplement 2001, is amended to read as follows: 20 20 A city may withdraw from the library district upon a 20 21 majority vote in favor of withdrawal by the electorate of the 20 22 city in an election held on a motion by the city council. The 20 23 election shall be held simultaneously with a general or city 20 24 election. Notice of a favorable vote to withdraw shall be 20 25 sent by certified mail to the board of library trustees of the 20 26 library district and the county auditor or cityauditorclerk, 20 27 as appropriate, prior to January 10, and the withdrawal shall 20 28 be effective on July 1. 20 29 Sec. 48. Section 384.84A, subsection 2, unnumbered 20 30 paragraph 1, Code Supplement 2001, is amended to read as 20 31 follows: 20 32 If, before the date fixed for taking action to authorize 20 33 the issuance of revenue bonds for the storm water drainage 20 34 construction project, a petition signed by eligible electors 20 35 residing within the city equal in number to at least three 21 1 percent of the registered voters of the city is filed, asking 21 2 that the question of issuing revenue bonds for the storm water 21 3 drainage construction project be submitted to the registered 21 4 voters of the city, the council, by resolution, shall declare 21 5 the project abandoned or shall direct the county commissioner 21 6 of elections to call a special election upon the question of 21 7 issuing the bonds for the storm water drainage construction 21 8 project if the cost of the project and population of the city 21 9 meet one of the following criteria: 21 10 Sec. 49. Section 422A.2, subsection 4, paragraph f, 21 11 unnumbered paragraph 2, Code Supplement 2001, is amended to 21 12 read as follows: 21 13 If at any time before the date fixed for taking action for 21 14 the issuance of the bonds, a petition signed by eligible 21 15 electors residing in the city or the unincorporated area equal 21 16 in number to at least three percent of the registered voters 21 17 of the city or unincorporated area is filed, asking that the 21 18 question of issuing the bonds be submitted to the registered 21 19 voters of the city or unincorporated area, the council or 21 20 board of supervisors acting on behalf of an unincorporated 21 21 area shall either by resolution declare the proposal to issue 21 22 the bonds to have been abandoned or shall direct the county 21 23 commissioner of elections to call a special election upon the 21 24 question of issuing the bonds. 21 25 Sec. 50. Section 426.6, unnumbered paragraph 1, Code 21 26 Supplement 2001, is amended to read as follows: 21 27 The agricultural land tax credit allowed each year shall be 21 28 computed as follows: On or before April 1, the county auditor 21 29 shall list by school districts all tracts of agricultural 21 30 lands whichtheyare entitled to credit, together with the 21 31 taxable value for the previous year, together with the budget 21 32 from each school district for the previous year, and the tax 21 33 rate determined for the general fund of the district in the 21 34 manner prescribed in section 444.3 for the previous year, and 21 35 if such tax rate is in excess of five dollars and forty cents 22 1 per thousand dollars of assessed value, the auditor shall 22 2 multiply the tax levy which is in excess of five dollars and 22 3 forty cents per thousand dollars of assessed value by the 22 4 total taxable value of the agricultural lands entitled to 22 5 credit in the district, and on or before April 1, certify the 22 6 amount to the department of revenue and finance. 22 7 Sec. 51. Section 427.1, subsection 14, unnumbered 22 8 paragraph 1, Code Supplement 2001, is amended to read as 22 9 follows: 22 10 A society or organization claiming an exemption under 22 11 subsection 5,or subsection8, or 33 shall file with the 22 12 assessor not later than February 1 a statement upon forms to 22 13 be prescribed by the director of revenue and finance, 22 14 describing the nature of the property upon which the exemption 22 15 is claimed and setting out in detail any uses and income from 22 16 the property derived from the rentals, leases, or other uses 22 17 of the property not solely for the appropriate objects of the 22 18 society or organization. Upon the filing and allowance of the 22 19 claim, the claim shall be allowed on the property for 22 20 successive years without further filing as long as the 22 21 property is used for the purposes specified in the original 22 22 claim for exemption. When the property is sold or 22 23 transferred, the county recorder shall provide notice of the 22 24 transfer to the assessor. The notice shall describe the 22 25 property transferred and the name of the person to whom title 22 26 to the property is transferred. 22 27 Sec. 52. Section 427.1, subsection 16, Code Supplement 22 28 2001, is amended to read as follows: 22 29 16. REVOKING OR MODIFYING EXEMPTION. Any taxpayer or any 22 30 taxing district may make application to the director of 22 31 revenue and finance for revocation or modificationforof any 22 32 exemption, based upon alleged violations of this chapter. The 22 33 director of revenue and finance may also on the director's own 22 34 motion set aside or modify any exemption which has been 22 35 granted upon property for which exemption is claimed under 23 1 this chapter. The director of revenue and finance shall give 23 2 notice by mail to the taxpayer or taxing district applicant 23 3 and to the societies or organizations claiming an exemption 23 4 upon property, exemption of which is questioned before or by 23 5 the director of revenue and finance, and shall hold a hearing 23 6 prior to issuing any order for revocation or modification. An 23 7 order made by the director of revenue and finance revoking or 23 8 modifying an exemption shall be applicable to the tax year 23 9 commencing with the tax year in which the application is made 23 10 to the director or the tax year commencing with the tax year 23 11 in which the director's own motion is filed. An order made by 23 12 the director of revenue and finance revoking or modifying an 23 13 exemption is subject to judicial review in accordance with 23 14 chapter 17A, the Iowa administrative procedure Act. 23 15 Notwithstanding the terms ofthat Actchapter 17A, petitions 23 16 for judicial review may be filed in the district court having 23 17 jurisdiction in the county in which the property is located, 23 18 and must be filed within thirty days after any order revoking 23 19 or modifying an exemption is made by the director of revenue 23 20 and finance. 23 21 Sec. 53. Section 435.27, subsection 1, Code Supplement 23 22 2001, is amended to read as follows: 23 23 1. A mobile home or manufactured home converted to real 23 24 estate under section 435.26 may be reconverted to a home as 23 25 provided in this section when it is moved to a manufactured 23 26 home community or mobile home park or a manufactured or mobile 23 27 home retailer's inventory. When the home is located within a 23 28 manufactured home community or mobile home park, the home 23 29 shall be taxed pursuant to section 435.22, subsection 1. 23 30 Sec. 54. Section 437A.3, subsection 17, paragraph d, Code 23 31 Supplement 2001, is amended to read as follows: 23 32 d. Any property described in section 437A.16 in this state 23 33 acquired by a person not previously subject to taxation under 23 34 this chapter. 23 35 Sec. 55. Section 453A.42, subsection 14, Code 2001, is 24 1 amended to read as follows: 24 2 14. "Tobacco products" means cigars; little cigars as 24 3 defined herein; cheroots; stogies; periques; granulated, plug 24 4 cut, crimp cut, ready rubbed, and other smoking tobacco; 24 5 snuff; snuff flour; cavendish; plug and twist tobacco; fine- 24 6 cut and other chewing tobaccos; shorts; refuse scraps, 24 7 clippings, cuttings and sweepingstoof tobacco, and other 24 8 kinds and forms of tobacco, prepared in such manner as to be 24 9 suitable for chewing or smoking in a pipe or otherwise, or 24 10 both for chewing and smoking; but shall not include cigarettes 24 11 as defined in section 453A.1, subsection 3. 24 12 Sec. 56. Section 455B.473, subsection 8, unnumbered 24 13 paragraph 1, Code Supplement 2001, is amended to read as 24 14 follows: 24 15 It shall be unlawful to deposit or accept a regulated 24 16 substance in an underground storage tank which has not been 24 17 registered and issued permanent and annual tank management fee 24 18 renewal tags pursuant to subsections 1 through 6.It shall24 19also be unlawful toA person shall not deposit a regulated 24 20 substance in an underground storage tank after receiving 24 21 notice from the department that the underground storage tank 24 22 is not covered by an approved form of financial responsibility 24 23 in accordance with section 455B.474, subsection 2. 24 24 Sec. 57. Section 455B.484, subsections 10, 12, and 13, 24 25 Code Supplement 2001, are amended by striking the subsections. 24 26 Sec. 58. Section 476.27, subsection 1, paragraph g, 24 27 subparagraph (2), Code Supplement 2001, is amended to read as 24 28 follows: 24 29 (2) A right-of-way or other interest in real estate that 24 30 is occupied or managed by or on behalf of a railroad 24 31 corporation, the trustees of a railroad corporation, or the 24 32 successor in interestorof a railroad corporation, including 24 33 an abandoned railroad right-of-way that has not otherwise 24 34 reverted pursuant to chapter 327G. 24 35 Sec. 59. Section 483A.7, subsection 3, Code Supplement 25 1 2001, is amended to read as follows: 25 2 3. A nonresident wild turkey hunter is required to have a 25 3 nonresident hunting license and a nonresident wild turkey 25 4 hunting license and pay the wildlife habitat fee. The 25 5 commission shall annually limit to two thousand three hundred 25 6 licenses the number of nonresidents allowed to have wild 25 7 turkey hunting licenses. Of the two thousand three hundred 25 8 licenses, one hundred fifty licenses shall be valid for 25 9 hunting with muzzle loading shotguns only.The number of25 10nonresident wild turkey hunting licenses shall be determined25 11as provided in section 481A.38.The commission shall allocate 25 12 the nonresident wild turkey hunting licenses issued among the 25 13 zones based on the populations of wild turkey. A nonresident 25 14 applying for a wild turkey hunting license must exhibit proof 25 15 of having successfully completed a hunter safety and ethics 25 16 education program as provided in section 483A.27 or its 25 17 equivalent as determined by the department before the license 25 18 is issued. 25 19 Sec. 60. Section 483A.8, subsections 3 and 5, Code 25 20 Supplement 2001, are amended to read as follows: 25 21 3. A nonresident hunting deer is required to have a 25 22 nonresident hunting license and a nonresident deer license and 25 23 must pay the wildlife habitat fee. The commission shall 25 24 annually limit to eight thousand five hundred licenses the 25 25 number of nonresidents allowed to have deer hunting licenses. 25 26 Of the first six thousand nonresident deer licenses issued, 25 27 not more than thirty-five percent of the licenses shall be bow 25 28 season licenses and, after the first six thousand nonresident 25 29 deer licenses have been issued, all additional licenses shall 25 30 be issued for antlerless deer only.The number of nonresident25 31deer hunting licenses shall be determined as provided in25 32section 481A.38.The commission shall allocate the 25 33 nonresident deer hunting licenses issued among the zones based 25 34 on the populations of deer. However, a nonresident applicant 25 35 may request one or more hunting zones, in order of preference, 26 1 in which the applicant wishes to hunt. If the request cannot 26 2 be fulfilled, the applicable fees shall be returned to the 26 3 applicant. A nonresident applying for a deer hunting license 26 4 must exhibit proof of having successfully completed a hunter 26 5 safety and ethics education program as provided in section 26 6 483A.27 or its equivalent as determined by the department 26 7 before the license is issued. 26 8 5. A nonresident owning land in this state may apply for 26 9 one of the first six thousand nonresident deer licenses not 26 10 limited to anterless deer, and the provisions of subsection 3 26 11 shall apply. However, if a nonresident owning land in this 26 12 state is unsuccessful inthe drawingobtaining one of the 26 13 first six thousand nonresident deer licenses, the landowner 26 14 shall be given preference for one of the two thousand five 26 15 hundred antlerless only nonresident deer licenses. A 26 16 nonresident owning land in this state shall pay the fee for a 26 17 nonresident antlerless only deer license and the license shall 26 18 be valid to hunt on the nonresident's land only. A 26 19 nonresident owning land in this state is eligible for only one 26 20 nonresident deer license annually. If one or more parcels of 26 21 land have multiple nonresident owners, only one of the 26 22 nonresident owners is eligible for a nonresident antlerless 26 23 only deer license. If a nonresident jointly owns land in this 26 24 state with a resident, the nonresident shall not be given 26 25 preference for a nonresident antlerless only deer license. 26 26 The department may require proof of land ownership from a 26 27 nonresident landowner applying for a nonresident antlerless 26 28 only deer license. 26 29 Sec. 61. Section 513C.5, subsection 2, Code Supplement 26 30 2001, is amended to read as follows: 26 31 2. Notwithstanding subsection 1, the commissioner, with 26 32 the concurrence of the boardof the Iowa individual health26 33benefit reinsurance associationestablished under chapter 26 34 514E, may by order reduce or eliminate the allowed rating 26 35 bands provided under subsection 1, paragraphs "a", "b", "c", 27 1 and "e", or otherwise limit or eliminate the use of experience 27 2 rating. 27 3 Sec. 62. Section 513C.10, subsection 2, unnumbered 27 4 paragraph 1, Code Supplement 2001, is amended to read as 27 5 follows: 27 6 Rates for basic and standard coverages as provided in this 27 7 chapter shall be determined by each carrier or organized 27 8 delivery system as the product of a basic and standard factor 27 9 and the lowest rate available for issuance by that carrier or 27 10 organized delivery system adjusted for rating characteristics 27 11 and benefits. Basic and standard factors shall be established 27 12 annually by the Iowaindividual health benefit reinsurance27 13 comprehensive health insurance association board with the 27 14 approval of the commissioner. Multiple basic and standard 27 15 factors for a distinct grouping of basic and standard policies 27 16 may be established. A basic and standard factor is limited to 27 17 a minimum value defined as the ratio of the average of the 27 18 lowest rate available for issuance and the maximum rate 27 19 allowable by law divided by the lowest rate available for 27 20 issuance. A basic and standard factor is limited to a maximum 27 21 value defined as the ratio of the maximum rate allowable by 27 22 law divided by the lowest rate available for issuance. The 27 23 maximum rate allowable by law and the lowest rate available 27 24 for issuance is determined based on the rate restrictions 27 25 under this chapter. For policies written after January 1, 27 26 2002, rates for the basic and standard coverages as provided 27 27 in this chapter shall be calculated using the basic and 27 28 standard factors and shall be no lower than the maximum rate 27 29 allowable by law. However, to maintain assessable loss 27 30 assessments at or below one percent of total health insurance 27 31 premiums or payments as determined in accordance with 27 32 subsection 6, the Iowaindividual health benefit reinsurance27 33 comprehensive health insurance association board with the 27 34 approval of the commissioner may increase the value for any 27 35 basic and standard factor greater than the maximum value. 28 1 Sec. 63. Section 513C.11, subsection 1, Code 2001, is 28 2 amended to read as follows: 28 3 1. A self-funded employer-sponsored health benefit plan 28 4 qualified under the federal Employee Retirement Income 28 5 Security Act of 1974 may voluntarily elect to participate in 28 6 the Iowa individual health benefit reinsurance association 28 7 established in section 513C.10 in accordance with the plan of 28 8 operation and subject to such terms and conditions adopted by 28 9 the board of the association established in section 514E.2 to 28 10 provide portability and continuity to its covered employees 28 11 and their covered spouses and dependents subject to the same 28 12 terms and conditions as a participating insurer. 28 13 Sec. 64. Section 514A.3, subsection 1, paragraph m, Code 28 14 Supplement 2001, is amended to read as follows: 28 15 m. A provision as follows: 28 16 RIGHT TO RETURN POLICY: The insured has the right, within 28 17 ten days after receipt of this policy, to return it to the 28 18 company at its home office or branch office or to the agent 28 19 through whom it was purchased, and if so returned the premium 28 20 paid will be refunded and the policy will be void from the 28 21 beginning and the parties shall be in the same position as if 28 22 a policy had not been issued. 28 23 The foregoing provision shall be prominently printed on the 28 24 first page of the policy or attached to the policy. 28 25 The provisions of this paragraph "m"and section 507B.4,28 26subsections 12 and 13shall apply to any insurance policy 28 27 which is delivered or issued for delivery or renewed in this 28 28 state on or after July 1, 1978. 28 29 Sec. 65. Section 514J.5, subsection 3, Code Supplement 28 30 2001, is amended to read as follows: 28 31 3. The carrier or organized delivery system has three 28 32 business days from the date of receipt to contest the 28 33 commissioner's certification decision. If the commissioner 28 34 finds that the request for external review is not eligible for 28 35 certification, the commissioner, within two business days of 29 1 the date of the request, shall notify the enrollee, or the 29 2 enrollee's treating health care provider acting on behalf of 29 3 the enrollee, in writing of the reasons that the request for 29 4 external review is not eligible for certification. 29 5 If the commissioner finds that the request for external 29 6 review is eligible for certification, notwithstanding the 29 7 contest by the carrier or organized delivery system, the 29 8 commissioner shall promptly notify the carrier or organized 29 9 delivery system in writing of the reasons for upholding the 29 10 certification. 29 11 Sec. 66. Section 514J.7, subsection 1, paragraph b, Code 29 12 Supplement 2001, is amended to read as follows: 29 13 b. Notify in writing the enrollee, and the enrollee's 29 14 treating health care provider, of the name, address, and 29 15 telephone number of the independent review entity and of the 29 16 enrollee's and treating health care provider's right to submit 29 17 additional information. 29 18 Sec. 67. Section 514J.7, subsection 2, Code Supplement 29 19 2001, is amended to read as follows: 29 20 2. The independent review entity, within three business 29 21 days of receipt of the notice, shall select a person to 29 22 perform the external review and shall provide notice to the 29 23 enrolleeofand the carrier containing a brief description of 29 24 the person including the reasons the person selected is an 29 25 expert in the treatment of the medical condition under review. 29 26 The independent review entity does not need to disclose the 29 27 name of the person. A copy of the notice shall be sent by 29 28 facsimile to the commissioner. If the independent review 29 29 entity does not have a person who is an expert in the 29 30 treatment of the medical condition under review and certified 29 31 by the commissioner to conduct an independent review, the 29 32 independent review entity may either decline the review 29 33 request or may request from the commissioner additional time 29 34 to have such an expert certified. The independent review 29 35 entity shall notify the commissioner by facsimile of its 30 1 choice between these options within three business days of 30 2 receipt of the notice from the carrier or organized delivery 30 3 system. The commissioner shall provide a notice to the 30 4 enrollee and carrier or organized delivery system of the 30 5 independent review entity's decision and of the commissioner's 30 6 decision as to how to proceed with the external review process 30 7 within three business days of receipt of the independent 30 8 review entity's decision. 30 9 Sec. 68. Section 514J.7, subsection 6, Code Supplement 30 10 2001, is amended to read as follows: 30 11 6. The independent review entity shall notify the enrollee 30 12 and the enrollee's treating health care provider of any 30 13 additional medical information required to conduct the review 30 14 within five business days of receipt of the documentation 30 15 required under subsection 4. The enrollee or the enrollee's 30 16 treating health care provider shall provide the requested 30 17 information to the independent review entity within five days 30 18 after receipt of the notification requesting additional 30 19 medical information. The independent review entity may 30 20reasonablydecide whether it is reasonable to consider any 30 21 information provided by the enrollee or the enrollee's 30 22 treating health care provider after the five-day period. The 30 23 independent review entity shall notify the commissioner and 30 24 the carrier or organized delivery system of this request. 30 25 Sec. 69. Section 518A.41, Code 2001, is amended to read as 30 26 follows: 30 27 518A.41 AGENTS TO BE LICENSED. 30 28 No person or corporation shall solicit any application for 30 29 insurance for any association in this state without having 30 30 procured from the commissioner of insurance a license 30 31 authorizing the person or corporation to act asagentan 30 32 insurance producer. Violation of this provision shall 30 33 constitute a serious misdemeanor. 30 34 Sec. 70. Section 518A.43, Code 2001, is amended to read as 30 35 follows: 31 1 518A.43 CANCELLATION OF LICENSE. 31 2 The commissioner of insurance may, for a just and 31 3 reasonable cause, cancel the license ofsuch agentan 31 4 insurance producer after due notice and hearing. 31 5 Sec. 71. Section 522B.1, subsections 6 and 9, Code 31 6 Supplement 2001, are amended to read as follows: 31 7 6. "Insurer" means a person engaged in the business of 31 8 insurance who islicensedregulated under chapter 508, 512B, 31 9 515, or 520. 31 10 9. "Limited lines producer" means a personauthorized31 11 licensed by the commissioner to sell, solicit, or negotiate 31 12 limited lines insurance. 31 13 Sec. 72. Section 522B.3, subsection 2, paragraph b, 31 14 subparagraph (1), Code Supplement 2001, is amended to read as 31 15 follows: 31 16 (1) Secures and furnishes information for the purpose of 31 17 group life insurance, group property and casualty insurance, 31 18 group annuities, or group or blanket accident and health 31 19 insurance. 31 20 Sec. 73. Section 522B.6, subsection 7, Code Supplement 31 21 2001, is amended to read as follows: 31 22 7. A licensee shall inform the commissioner by any means 31 23 acceptable to the commissioner of a legal name or change of 31 24 address within thirty days of the change. Failure to timely 31 25 inform the commissioner of a change in legal name or address 31 26 may result in a penalty as specified in section 522B.17. 31 27 Sec. 74. Section 523A.102, subsection 3, Code Supplement 31 28 2001, is amended to read as follows: 31 29 3. "Burial account" means an account established by a 31 30 person with a financial institution for the purpose of funding 31 31 the future purchase of cemetery merchandise, funeral 31 32 merchandise, funeral services, or a combination thereof 31 33 without any related trust agreement. 31 34 Sec. 75. Section 523A.202, subsection 2, Code Supplement 31 35 2001, is amended to read as follows: 32 1 2. All funds required to be deposited by the purchaser or 32 2 the seller for a purpose described in section 523A.201 shall 32 3 be deposited consistent with one of the following methods: 32 4 a. The payments shall be deposited directly into an 32 5 interest-bearing burial account in the purchaser's name. 32 6 b. The purchaser or the seller shall deposit payments 32 7 directly into a separate trust account in the purchaser's 32 8 name. The account may be made payable to the seller upon the 32 9 death of the purchaser or the designated beneficiary, provided 32 10 that, until death, the purchaser retains the exclusive power 32 11 to hold, manage, pledge, and invest the trust account funds 32 12 and may revoke the trust and withdraw the funds, in whole or 32 13 in part, at any time during the term of the agreement. 32 14 c. The purchaser or the seller shall deposit payments 32 15 directly into a separate trust account in the name of the 32 16 purchaser, as trustee, for the named beneficiary, to be held, 32 17 invested, and administered as a trust account for the benefit 32 18 and protection of the beneficiary. The depositor shall notify 32 19 the financial institution of the existence and terms of the 32 20 trust, including at a minimum, the name of each party to the 32 21 agreement, the name and address of the trustee, and the name 32 22 and address of the beneficiary. The account may be made 32 23 payable to the seller upon the beneficiary's death. 32 24 d. The payments shall be deposited in the name of the 32 25 trustee, as trustee, under the terms of a master trust 32 26 agreement and the trustee may invest, reinvest, exchange, 32 27 retain, sell, and otherwise manage the trust fund for the 32 28 benefit and protection of the named beneficiary. 32 29 Sec. 76. Section 523A.302, Code Supplement 2001, is 32 30 amended to read as follows: 32 31 523A.302 IDENTIFICATION OF MERCHANDISE AND SERVICE 32 32 PROVIDER. 32 33 If a burial trust fund identifies, either in the trust fund 32 34 records or in a related purchase agreement, the seller who 32 35 will provide the cemetery merchandise, funeral merchandise, 33 1 funeral services, or a combination thereof, the trust fund 33 2 records or the related purchase agreements must contain a 33 3 statement signed by an authorized representative of the seller 33 4 agreeing to furnish the cemetery merchandise, funeral 33 5 merchandise, funeral services, or a combination thereof upon 33 6 the death of the beneficiary. The burial trust fund shall not 33 7 identify a specific seller as payee unless the trust fund 33 8 records or the related purchase agreements, if any, contain 33 9 the signature of an authorized representative of the seller 33 10 and, if the agreement is forfuneralmortuary science services 33 11 as mortuary science is defined inchapter 156section 156.1, 33 12 the name of a funeral director licensed to deliver those 33 13 services. A person may enter into agreements authorizing the 33 14 establishment of more than one burial trust fund and agreeing 33 15 to furnish the applicable merchandise and services. 33 16 Sec. 77. Section 523A.402, subsection 5, paragraph a, Code 33 17 Supplement 2001, is amended to read as follows: 33 18 a. Except as necessary and appropriate to satisfy the 33 19 requirements regarding burial trust funds under Title XIX of 33 20 the federal Social Security Act, the annuity shall not be 33 21 owned by the establishment or irrevocably assigned to the 33 22 establishment and any designation of the establishment as a 33 23 beneficiary shall not be made irrevocable. 33 24 Sec. 78. Section 523A.501, subsection 6, Code Supplement 33 25 2001, is amended to read as follows: 33 26 6.The commissioner shall grant or deny a permit33 27application within thirty days after receipt, but the33 28commissioner's failure to act within that time period shall33 29not be deemed approval of the application.If no denial order 33 30 is in effect and no proceeding is pending under section 33 31 523A.503, the application becomes effective at noon of the 33 32 thirtieth day after a completed application or an amendment 33 33 completing the application is filed, unless waived by the 33 34 applicant. The administrator may specify an earlier effective 33 35 date. Automatic effectiveness under this subsection shall not 34 1 be deemed approval of the application. If the commissioner 34 2 does not grant the permit, the commissioner shall notify the 34 3 person in writing of the reasons for the denial. The permit 34 4 shall disclose on its face the permit holder's employer or the 34 5 establishment on whose behalf the applicant will be making or 34 6 attempting to make sales, the permit number, and the 34 7 expiration date. 34 8 Sec. 79. Section 523A.502, subsection 8, Code Supplement 34 9 2001, is amended to read as follows: 34 10 8.The commissioner shall grant or deny a permit34 11application within thirty days after receipt, but the34 12commissioner's failure to act within that time period shall34 13not be deemed approval of the application.If no denial order 34 14 is in effect and no proceeding is pending under section 34 15 523A.503, the application becomes effective at noon of the 34 16 thirtieth day after a completed application or an amendment 34 17 completing the application is filed, unless waived by the 34 18 applicant. The administrator may specify an earlier effective 34 19 date. Automatic effectiveness under this subsection shall not 34 20 be deemed approval of the application. If the commissioner 34 21 does not grant the permit, the commissioner shall notify the 34 22 applicant in writing of the reasons for the denial. 34 23 Sec. 80. Section 523A.601, subsection 4, Code Supplement 34 24 2001, is amended to read as follows: 34 25 4. A purchase agreement shall be signed by the purchaser, 34 26 the seller, and if the agreement is forfuneralmortuary 34 27 science services as mortuary science is defined inchapter 15634 28 section 156.1, a person licensed to deliver funeral services. 34 29 Sec. 81. Section 523A.901, subsection 5, paragraph c, Code 34 30 Supplement 2001, is amended to read as follows: 34 31 c. A statute of limitations or defense of laches shall not 34 32 run with respect to an action against an establishment between 34 33 the filing of a petition for liquidation against the 34 34 establishment and the denial of the petition. An action 34 35 against the establishment that might have been commenced when 35 1 the petition was filed may be commencedfor at leastwithin 35 2 sixty days after the petition is denied. 35 3 Sec. 82. Section 523A.901, subsection 8, paragraph a, Code 35 4 Supplement 2001, is amended to read as follows: 35 5 a. After a petition for liquidation has been filed, a 35 6 transfer of real property of the establishment made to a 35 7 person acting in good faith is valid against the liquidator if 35 8 made for a present fair equivalent value. If the transfer is 35 9 not made for a present fair equivalent value, then the 35 10 transfer is valid to the extent of the present consideration 35 11 actually paid for which amount the transferee shall have a 35 12 lien on the property transferred. The commencement of a 35 13 proceeding in liquidation is constructive notice upon the 35 14 recording of a copy of the petition for or order of 35 15 liquidation with therecording orrecorder of deeds in the 35 16 county where any real property in question is located. The 35 17 exercise by a court of the United States or a state or 35 18 jurisdiction to authorize a judicial sale of real property of 35 19 the establishment within a county in a state shall not be 35 20 impaired by the pendency of a proceeding unless the copy is 35 21 recorded in the county prior to the consummation of the 35 22 judicial sale. 35 23 Sec. 83. Section 554.8106, subsection 6, Code Supplement 35 24 2001, is amended to read as follows: 35 25 6. A purchaser who has satisfied the requirements of 35 26 subsection 3 or 4 has control, even if the registered owner in 35 27 the case of subsection 3,paragraph "b",or the entitlement 35 28 holder in the case of subsection 4, retains the right to make 35 29 substitutions for the uncertificated security or security 35 30 entitlement, to originate instructions or entitlement orders 35 31 to the issuer or securities intermediary, or otherwise to deal 35 32 with the uncertificated security or security entitlement. 35 33 Sec. 84. Section 554.9109, subsection 1, paragraph e, Code 35 34 Supplement 2001, is amended to read as follows: 35 35 e. a security interest arising under section 554.2401, 36 1 554.2505, 554.2711, subsection 3,section 554.9110,or 36 2 554.13508, subsection 5 as provided in section 554.9110; and 36 3 Sec. 85. Section 554.9521, subsection 2, Code Supplement 36 4 2001, is amended to read as follows: 36 5 2. AMENDMENT FORM. A filing office that accepts written 36 6 records may not refuse to accepta written recordan amendment 36 7 in a form and format approved by the secretary of state by 36 8 rule adopted pursuant to chapter 17A except for a reason set 36 9 forth in section 554.9516, subsection 2. The forms shall be 36 10 consistent with those set forth in the final official text of 36 11 the 1999 revisions to Article 9 of the Uniform Commercial Code 36 12 promulgated by the American law institute and the national 36 13 conference of commissioners on uniform state laws. 36 14 Sec. 86. Section 554.9602, subsection 3, Code Supplement 36 15 2001, is amended to read as follows: 36 16 3. section 554.9607, subsection 3, which deals with 36 17 collection and enforcementofas to collateral; 36 18 Sec. 87. Section 579A.3, unnumbered paragraph 1, Code 36 19 Supplement 2001, is amended to read as follows: 36 20 While the cattle are located at the custom cattle feedlot, 36 21 the custom cattle feedlot operator mayforecloseenforce a 36 22 lien created in section 579A.2 in the manner provided for the 36 23 enforcement of an agricultural lien as provided in chapter 36 24 554, article 9, part 6. After the cattle have left the custom 36 25 cattle feedlot, the custom cattle feedlot operator may enforce 36 26 the lien by commencing an action at law for the amount of the 36 27 lien against either of the following: 36 28 Sec. 88. Section 579B.1, subsection 13, Code Supplement 36 29 2001, is amended to read as follows: 36 30 13. "Personal representative" means a person who is 36 31 authorized by a contract producer to act on behalf of the 36 32 contract producer, including by executing an agreement, 36 33 managing a contract operation,orfiling a financing statement 36 34 perfecting a lien, and enforcing a lien as provided in this 36 35 chapter. 37 1 Sec. 89. Section 579B.3, subsection 2, Code Supplement 37 2 2001, is amended to read as follows: 37 3 2. A contract producer who is a party to a production 37 4 contract executed pursuant to section 579B.2 shall have a lien 37 5 as provided in this section. The contract producer is a 37 6 secured party and theowner of the commoditycontractor is a 37 7 debtor for purposes of chapter 554, article 9. The amount of 37 8 the lien shall be the amount owed to the contract producer 37 9 pursuant to the terms of the production contract, which may be 37 10 enforced as provided in section 579B.5. 37 11 Sec. 90. Section 633.231, Code Supplement 2001, is amended 37 12 to read as follows: 37 13 633.231 NOTICE IN INTESTATE ESTATES – MEDICAL ASSISTANCE 37 14 CLAIMS. 37 15 Upon opening administration of an intestate estate, the 37 16 administrator may, in accordance with section 633.410, provide 37 17 by ordinary mail to the entity designated by the department of 37 18 human services, a notice of opening administration of the 37 19 estate and of the appointment of the administrator, which 37 20 shall include a notice to file claims with the clerk within 37 21 the later to occur of fifteen months from the second 37 22 publication of the notice to creditors or two months from the 37 23 date of mailing of this notice, or thereafter be forever 37 24 barred. 37 25 The notice shall be in substantially the following form: 37 26 NOTICE OF OPENING ADMINISTRATION OF ESTATE, OF APPOINTMENT 37 27 OF ADMINISTRATOR, AND NOTICE TO CREDITOR 37 28 In the District Court of Iowa 37 29 In and for .... County. 37 30 In the Estate of ......, Deceased 37 31 Probate No. ... 37 32 To the Department of Human Services Who May Be Interested 37 33 in the Estate of ......, Deceased, who died on or about .... 37 34 (date): 37 35 You are hereby notified that on the ... day of .... 38 1 (month), ... (year), an intestate estate was opened in the 38 2 above-named court and that ...... was appointed administrator 38 3 of the estate. 38 4 You are further notified that the birthdate of the deceased 38 5 is .... and the deceased's social security number is ...-..- 38 6 ..... The birthdate of the spouse is .... and the spouse's 38 7 social security number is ...-..-...., and that the spouse of 38 8 the deceased is alive as of the date of this notice, or 38 9 deceased as of .... (date). 38 10 You are further notified that the deceased was/was not a 38 11 disabled or a blind child of the medical assistance recipient 38 12 by the name of ......, who had a birthdate of .... and a 38 13 social security number of ...-..-...., and the medical 38 14 assistance debt of that medical assistance recipient was 38 15 waived pursuant to section 249A.5, subsection 2, paragraph 38 16 "a", subparagraph (1), and is now collectible from this estate 38 17 pursuant to section 249A.5, subsection 2, paragraph "b". 38 18 Notice is hereby given that if the department of human 38 19 services has a claim against the estate for the deceased 38 20 person or persons named in this notice, the claim shall be 38 21 filed with the clerk of the above-named district court, as 38 22 provided by law, duly authenticated, for allowance, and unless 38 23 so filed by the later to occur of fifteen months from the 38 24 second publication ofthisthe notice to creditors or two 38 25 months from the date of the mailing of this notice, unless 38 26 otherwise allowed or paid, the claim is thereafter forever 38 27 barred. 38 28 Dated this ... day of .... (month), ... (year) 38 29 ........... 38 30 Administrator of estate 38 31 ........... 38 32 Address 38 33 ....................... 38 34 Attorney for administrator 38 35 ....................... 39 1 Address 39 2 Date of second publication 39 3 ... day of .... (month), ... (year) 39 4(Date to be inserted by publisher)39 5 Sec. 91. Section 633.304, unnumbered paragraph 2, Code 39 6 2001, is amended to read as follows: 39 7 As used in this section, "heir" means only such person as 39 8 would, in an intestate estate, be entitled to a share under 39 9 section 633.219, subsection 1, 2, 3, or 4. 39 10 Sec. 92. Section 633.304A, Code Supplement 2001, is amended 39 11 to read as follows: 39 12 633.304A NOTICE OF PROBATE OF WILL – MEDICAL ASSISTANCE 39 13 CLAIMS. 39 14 On admission of a will to probate, the executor may, in 39 15 accordance with section 633.410, provide by ordinary mail to 39 16 the entity designated by the department of human services, a 39 17 notice of admission of the will to probate and of the appointment 39 18 of the executor, which shall include a notice to file claims with 39 19 the clerk within the later to occur of fifteen months from the 39 20 second publication of the notice to creditors or two months from 39 21 the date of mailing of this notice, or thereafter be forever 39 22 barred. 39 23 The notice shall be in substantially the following form: 39 24 NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTOR, 39 25 AND NOTICE TO CREDITORS 39 26 In the District Court of Iowa 39 27 In and for .... County. 39 28 In the Estate of ......, Deceased 39 29 Probate No. ... 39 30 To the Department of Human Services, Who May Be Interested 39 31 in the Estate of ......, Deceased, who died on or about .... 39 32 (date): 39 33 You are hereby notified that on the ... day of .... 39 34 (month), ... (year), the last will and testament of ......, 39 35 deceased, bearing date of the ... day of .... (month), ... 40 1 (year), was admitted to probate in the above-named court and 40 2 that ...... was appointed executor of the estate. 40 3 You are further notified that the birthdate of the deceased 40 4 is .... and the deceased's social security number is ...-..- 40 5 .... The birthdate of the spouse is .... and the spouse's 40 6 social security number is ...-..-...., and that the spouse of 40 7 the deceased is alive as of the date of this notice, or 40 8 deceased as of .... (date). 40 9 You are further notified that the deceased was/was not a 40 10 disabled or a blind child of the medical assistance recipient 40 11 by the name of ......, who had a birthdate of .... and a 40 12 social security number of ...-..-...., and the medical 40 13 assistance debt of that medical assistance recipient was 40 14 waived pursuant to section 249A.5, subsection 2, paragraph 40 15 "a", subparagraph (1), and is now collectible from this estate 40 16 pursuant to section 249A.5, subsection 2, paragraph "b". 40 17 Notice is hereby given that if the department of human 40 18 services has a claim against the estate for the deceased 40 19 person or persons named in this notice, the claim shall be 40 20 filed with the clerk of the above-named district court, as 40 21 provided by law, duly authenticated, for allowance, and unless 40 22 so filed by the later to occur of fifteen months from the 40 23 second publication ofthisthe notice to creditors or two 40 24 months from the date of mailing of this notice, unless 40 25 otherwise allowed or paid, the claim is thereafter forever 40 26 barred. 40 27 Dated this ... day of .... (month), ... (year) 40 28 ...................... 40 29 Executor of estate 40 30 ...................... 40 31 Address 40 32 .......... 40 33 Attorney for executor 40 34 .......... 40 35 Address 41 1 Date of second publication 41 2 ... day of .... (month), ... (year) 41 3(Date to be inserted by publisher)41 4 Sec. 93. Section 633.305, unnumbered paragraph 2, Code 41 5 2001, is amended to read as follows: 41 6 As used in this section, "heir" means only such person as 41 7 would, in an intestate estate, be entitled to a share under 41 8 section 633.219, subsection 1, 2, 3, or 4. 41 9 Sec. 94. Section 633.3109, subsection 1, Code 2001, is 41 10 amended to read as follows: 41 11 1. As used in this section, "heir" means only such person 41 12 as would, in an intestate estate, be entitled to a share under 41 13 section 633.219, subsection 1, 2, 3, or 4. 41 14 Sec. 95. Section 726.3, Code Supplement 2001, is amended 41 15 to read as follows: 41 16 726.3 NEGLECT OR ABANDONMENT OF A DEPENDENT PERSON. 41 17 A person who is the father, mother, or some other person 41 18 having custody of a child, or of any other person who by 41 19 reason of mental or physical disability is not able to care 41 20 for the person's self, who knowingly or recklessly exposes 41 21 such person to a hazard or danger against which such person 41 22 cannot reasonably be expected to protect such person's self or 41 23 who deserts or abandons such person, knowing or having reason 41 24 to believe that the person will be exposed to such hazard or 41 25 danger, commits a class "C" felony. However, a parentorand 41 26 any person authorized by the parentwhoeither of whom has, in 41 27 accordance with section 233.2, voluntarily released custody of 41 28 a newborn infant shall not be prosecuted for a violation of 41 29 this section involving abandonment of that newborn infant. 41 30 Sec. 96. Section 726.6, subsection 2, Code Supplement 41 31 2001, is amended to read as follows: 41 32 2. A parentorand any person authorized by the parentwho41 33 either of whom has, in accordance with section 233.2, 41 34 voluntarily released custody of a newborn infant shall not be 41 35 prosecuted for a violation of subsection 1, paragraph "f", 42 1 relating to abandonment. 42 2 Sec. 97. Section 902.3A, subsection 1, paragraph d, Code 42 3 Supplement 2001, is amended to read as follows: 42 4 d. A person on parole or work release under a determinate 42 5 term of confinement imposed under this section shall be 42 6 subject to the terms and conditions of parole or work release 42 7 as set out in chapter 906. Violations of parole or work 42 8 release shall be subject to the procedures set out in chapters 42 9 905 and 908orand rules adopted under those chapters. 42 10 Sec. 98. Sections 192.132, 309.75, and 502.612, Code 2001, 42 11 are repealed. 42 12 2001 IOWA ACTS AMENDMENTS 42 13 Sec. 99. Section 542D.7, subsection 3, paragraph a, as 42 14 enacted by 2001 Iowa Acts, chapter 55, section 7, is amended 42 15 to read as follows: 42 16 a. An applicant for initial issuance or renewal of a 42 17 permit to practice as a firmmustshall show that 42 18 notwithstanding any other provision of law, a simple majority 42 19 of the ownership of the firm, in terms of financial interests 42 20 and voting rights of all partners, officers, shareholders, 42 21 members, and managers belongs to holders of a certificate 42 22 issued by a state, and that such partners, officers, 42 23 shareholders, members, and managers, who perform professional 42 24 services in this state or for clients in this state, hold a 42 25 certificate issued under section 542D.6 or 542D.19. 42 26 Sec. 100. Section 542D.13, subsection 9, as enacted by 42 27 2001 Iowa Acts, chapter 55, section 13, is amended to read as 42 28 follows: 42 29 9. A person or firm not holding a certificate, permit, or 42 30 license issued under section 542D.6, 542D.7, 542D.8, or 42 31 542D.19 shall not assume or use any title or designation that 42 32 includes the word "accountant", "auditor", or "accounting", in 42 33 connection with any other language that implies that such 42 34 person or firm holds such a certificate, permit, or license or 42 35 has special competence as an accountant or auditor. However, 43 1 this subsection does not prohibit an officer, partner, member, 43 2 manager, or employee of a firm or organization from affixing 43 3 that person's own signature to a statement in reference to the 43 4 financial affairs of such firm or organization with wording 43 5 which designates the position, title, or office that the 43 6 person holds, or prohibit any act of a public official or 43 7 employee in the performance of such person's duties. This 43 8 subsection does not otherwise prohibit the use of the title or 43 9 designation "accountant" by persons other than those holding a 43 10 certificate or license under this chapter. 43 11 DIVISION II 43 12 Sec. 101. Section 10.1, subsection 4, Code 2001, is 43 13 amended to read as follows: 43 14 4. "Commodity share landlord" means a natural person or a 43 15 general partnership as provided in chapter486486A in which 43 16 all partners are natural persons, who owns at least one 43 17 hundred fifty acres of agricultural land, if the owner 43 18 receives rent on a commodity share basis, which may be either 43 19 a share of the crops or livestock produced on the land. 43 20 Sec. 102. Section 10.1, subsection 19, paragraph b, Code 43 21 2001, is amended to read as follows: 43 22 b. A general partnership as provided in chapter486486A 43 23 in which all partners are natural persons actively engaged in 43 24 farming. 43 25 Sec. 103. Section 13B.4, subsection 1, Code 2001, is 43 26 amended to read as follows: 43 27 1. The state public defender shall coordinate the 43 28 provision of legal representation of all indigents under 43 29 arrest or charged with a crime, seeking postconviction relief, 43 30 against whom a contempt action is pending, in proceedings 43 31 under chapter 229A, in juvenile proceedings, on appeal in 43 32 criminal cases, on appeal in proceedings to obtain 43 33 postconviction relief when ordered to do so by the district 43 34 court in which the judgment or order was issued, and on a 43 35 reopening of a sentence proceeding, and may provide for the 44 1 representation of indigents in proceedings instituted pursuant 44 2 to chapter 908. The state public defender shall not engage in 44 3 the private practice of law. 44 4 Sec. 104. Section 13B.8, subsection 2, Code 2001, is 44 5 amended to read as follows: 44 6 2. The state public defender may appoint and may, for 44 7 cause, remove the local public defender, assistant local 44 8 public defenders, clerks, investigators, secretaries, or other 44 9 employeesfor cause. Each local public defender, and any 44 10 assistant local public defender, must be an attorney admitted 44 11 to the practice of law before the Iowa supreme court. 44 12 Sec. 105. Section 14B.101, Code Supplement 2001, is 44 13 amended by adding the following new subsection: 44 14 NEW SUBSECTION. 1A. "Department" means the information 44 15 technology department. 44 16 Sec. 106. Section 14B.105, subsection 1, paragraph b, 44 17 unnumbered paragraph 1, Code Supplement 2001, is amended to 44 18 read as follows: 44 19 The members appointedby the governorpursuant to paragraph 44 20 "a", subparagraphs (3) through (7), shall serve four-year 44 21 staggered termsas designated by the governorand such 44 22 appointments to the information technology council are subject 44 23 to the requirements of sections 69.16, 69.16A, and 69.19. The 44 24 four-year terms of members appointed by the governor shall be 44 25 staggered as designated by the governor. Members appointed by 44 26 the governor pursuant to paragraph "a", subparagraphs (3) 44 27 through (7), shall not serve consecutive four-year terms. 44 28 Members appointed by the governor are subject to senate 44 29 confirmation andshall be reimbursed for actual and necessary44 30expenses incurred in performance of their duties. Such44 31membersmay also be eligible to receive compensation as 44 32 provided in section 7E.6. Members shall be reimbursed for 44 33 actual and necessary expenses incurred in performance of the 44 34 members' duties. 44 35 Sec. 107. Section 15E.195, subsection 2, unnumbered 45 1 paragraph 1, Code Supplement 2001, is amended to read as 45 2 follows: 45 3 A city with a population of twenty-four thousand or more 45 4 which designates an enterprise zone pursuant to section 45 5 15E.194, subsection 2, and in which an eligible enterprise 45 6 zone is certified shall establish an enterprise zone 45 7 commission to review applications from qualified businesses 45 8 located within or requesting to locate within an enterprise 45 9 zone to receive incentives or assistance as provided in 45 10 section 15E.196. The enterprise zone commission shall review 45 11 applications from qualified housing businesses requesting to 45 12 receive incentives or assistance as provided in section 45 13 15E.193B. The enterprise zone commission shall also review 45 14 applications from qualified development businesses requesting 45 15 to receive incentives or assistance as provided in section 45 16 15E.193C. The commission shall consist of nine members. Six 45 17 of these members shall consist of one representative of an 45 18 international labor organization, one member with economic 45 19 development expertise chosen by the department of economic 45 20 development, one representative of the city council, one 45 21 member of the local community college board of directors, one 45 22 member of the city planning and zoning commission, and one 45 23 representative of the local workforce development center. 45 24 These six members shall select the remaining three members. 45 25 If the enterprise zone consists of an area meeting the 45 26 requirements for eligibility for an urban enterprise community 45 27 under Title XIII of the federal Omnibus Budget Reconciliation 45 28 Act of 1993, one of the remaining three members shall be a 45 29 representative of that community. If a city contiguous to the 45 30 city designating the enterprise zone is included in an 45 31 enterprise zone, a representative of the contiguous city, 45 32 chosen by the city council, shall be a member of the 45 33 commission. A city in which an eligible enterprise zone is 45 34 certified shall have only one enterprise zone commission. If 45 35 a city has established an enterprise zone commission prior to 46 1the effective date of this ActJuly 1, 1998, the city may 46 2 petition to the department of economic development to change 46 3 the structure of the existing commission. 46 4 Sec. 108. Section 29A.17, unnumbered paragraph 1, Code 46 5 2001, is amended to read as follows: 46 6 The military staff of the governor shall consist of the 46 7 adjutant general, who shall be the chief of staff; the deputy 46 8 adjutants general, who shall be the assistant chiefs of staff; 46 9 andtheany aides, who shall be residents of the state, as the 46 10 governor may appoint or detail from the armed forces of the 46 11 state. 46 12 Sec. 109. Section 29A.66, Code 2001, is amended to read as 46 13 follows: 46 14 29A.66 APPLICABLE POWERS AND DUTIES. 46 15 The powers and duties of the governor, the adjutant 46 16 general, and the deputy adjutants general, with relation to 46 17 the Iowa state guard, shall be the same as those powers and 46 18 duties prescribed in this chapter forthethose officers with 46 19 relation to the national guard. 46 20 Sec. 110. Section 48A.31, Code 2001, is amended to read as 46 21 follows: 46 22 48A.31 DECEASED PERSONS RECORD. 46 23 The state registrar of vital statistics shall transmit or 46 24 cause to be transmitted to the state registrar of voters, once 46 25 each calendar quarter, a certified list of all persons 46 26 seventeen and one-half years of age and older in the state 46 27 whose deaths have been reported to the bureau of vital records 46 28and statistics divisionof the Iowa department of public 46 29 health since the previous list of decedents was certified to 46 30 the state registrar of voters. The list shall be submitted 46 31 according to the specifications of the state registrar of 46 32 voters, who shall determine whether each listed decedent was 46 33 registered to vote in this state. If the decedent was 46 34 registered in a county which uses its own data processing 46 35 facilities for voter registration recordkeeping, the registrar 47 1 shall notify the commissioner in that county who shall cancel 47 2 the decedent's registration. If the decedent was registered 47 3 in a county for which voter registration recordkeeping is 47 4 performed under contract by the registrar, the registrar shall 47 5 immediately cancel the registration and notify the 47 6 commissioner of the county in which the decedent was 47 7 registered to vote of the cancellation. 47 8 Sec. 111. Section 56.2, subsection 14, paragraph c, Code 47 9 2001, is amended by striking the paragraph. 47 10 Sec. 112. Section 56.14, subsection 2, paragraph a, Code 47 11 2001, is amended to read as follows: 47 12 a.Yard signs shall not be placed on any property which47 13adjoins a city, county, or state roadway sooner than forty-47 14five days preceding a primary or general election and shall be47 15removed within seven days after the primary or general47 16election in which the name of the particular candidate or47 17ballot issue described on the yard sign appears on the ballot.47 18Yard signs are subject to removal by highway authorities as47 19provided in section 319.13, or by county or city law47 20enforcement authorities in a manner consistent with section47 21319.13.The placement or erection of yard signs shall be 47 22 exempt from the requirements of chapter 480.Notice may be47 23provided to the chairperson of the appropriate county central47 24committee if the highway authorities are unable to provide47 25notice to the candidate, candidate's committee, or political47 26committee regarding the yard sign.47 27 Sec. 113. Section 97B.50A, subsection 7, paragraph b, 47 28 subparagraph (4), Code 2001, is amended to read as follows: 47 29 (4) This paragraph does not apply to a member who is at 47 30 least fifty-five years of age and would have completed a 47 31 sufficient number of years of service if the member had 47 32 remained in active special service employment. For purposes 47 33 of this subparagraph, a sufficient number of years of service 47 34 shall betwenty-fivethe applicable years of service for a 47 35 special service member as described in section 97B.49B or 48 1 twenty-two for a special service member as described in 48 2 section 97B.49C. 48 3 Sec. 114. Section 101.22, subsection 4, Code 2001, is 48 4 amended to read as follows: 48 5 4. The registration notice of the owner or operator to the 48 6 state fire marshal under subsections 1 through 3 shall be 48 7 accompanied byaan annual fee of ten dollars for each tank 48 8 included in the notice. All moneys collected shall be 48 9 retained by the department of public safety and are 48 10 appropriated for the use of the state fire marshal. The 48 11 annual renewal fee applies to all owners or operators who 48 12 filed a registration notice with the state fire marshal 48 13 pursuant to subsections 1 through 3. 48 14 Sec. 115. Section 123.39, subsection 1, paragraph a, Code 48 15 2001, is amended to read as follows: 48 16 a. The administrator or the local authority may suspend a 48 17 license or permit issued pursuant tothethis chapter for a 48 18 period not to exceed one year, revoke the license or permit, 48 19 or impose a civil penalty not to exceed one thousand dollars 48 20 per violation. Before suspension, revocation, or imposition 48 21 of a civil penalty, the license or permit holder shall be 48 22 given written notice and an opportunity for a hearing. The 48 23 administrator may appoint a member of the division or may 48 24 request an administrative law judge from the department of 48 25 inspections and appeals to conduct the hearing and issue a 48 26 proposed decision. Upon the motion of a party to the hearing 48 27 or upon the administrator's own motion, the administrator may 48 28 review the proposed decision in accordance with chapter 17A. 48 29 Upon review of the proposed decision, the administrator may 48 30 affirm, reverse, or modify the proposed decision. A licensee 48 31 or permittee aggrieved by a decision of the administrator may 48 32 seek judicial review of the administrator's decision in 48 33 accordance with chapter 17A. 48 34 Sec. 116. Section 135.43, subsection 5, paragraph d, Code 48 35 2001, is amended to read as follows: 49 1 d. The administrator of thedivisionbureau of vital 49 2 records of the Iowa department of public health. 49 3 Sec. 117. Section 135.43, subsection 7, paragraph b, Code 49 4 2001, is amended to read as follows: 49 5 b. A person in possession or control of medical, 49 6 investigative, assessment, or other information pertaining to 49 7 a child death and child abuse review shall allow the 49 8 inspection and reproduction of the information by the 49 9 department upon the request of the department, to be used only 49 10 in the administration and for the duties of the Iowa child 49 11 death review team. Except as provided for a report on a child 49 12 fatality by an ad hoc child fatality review committee under 49 13 subsection 4and, information and records produced under this 49 14 section which are confidential under section 22.7 and chapter 49 15 235A, and information or records received from the 49 16 confidential records, remain confidential under this section. 49 17 A person does not incur legal liability by reason of releasing 49 18 information to the department as required under and in 49 19 compliance with this section. 49 20 Sec. 118. Section 135.110, subsection 2, Code 2001, is 49 21 amended to read as follows: 49 22 2. In performing duties pursuant to subsection 1, the 49 23 review team shall review the relationship between the decedent 49 24 victim and the alleged or convicted perpetrator from the point 49 25 where the abuse allegedly began, until the domestic abuse 49 26 death occurred, and shall review all relevant documents 49 27 pertaining to the relationship between the parties, including 49 28 but not limited to protective orders and dissolution, custody, 49 29 and support agreements and related court records, in order to 49 30 ascertain whether a correlation exists between certain events 49 31 in the relationship and any escalation of abuse, and whether 49 32 patterns can be established regarding such events in relation 49 33 to domestic abuse deaths in general. The review team shall 49 34 consider such conclusions in making recommendations pursuant 49 35 to subsection 1. 50 1 Sec. 119. Section 137C.7, Code 2001, is amended to read as 50 2 follows: 50 3 137C.7 LICENSE REQUIRED. 50 4 No person shall open or operate a hotel until a license has 50 5 been obtained from the regulatory authority and until the 50 6 hotel has been inspected by the regulatory authority.A50 7license issued by the department of agriculture prior to50 8January 1, 1979 shall be valid until its expiration date. An50 9inspection conducted by the department of agriculture prior to50 10January 1, 1979 shall be valid for purposes of this section.50 11 Each license shall expire one year from date of issue. A 50 12 license is renewable. All licenses issued under the Iowa 50 13 hotel sanitation code that are not renewed by the licensee on 50 14 or before the expiration date shall be subject to a penalty of 50 15 ten percent of the license fee if the license is renewed at a 50 16 later date. A license is not transferable. 50 17 Sec. 120. Section 139A.10, Code 2001, is amended to read 50 18 as follows: 50 19 139A.10 FEES FOR REMOVING. 50 20 The officers designatedby the magistrateshall receive 50 21 reasonable compensation for their services as determined by 50 22 the local board. The amount determined shall be certified and 50 23 paid in the same manner as other expenses incurred under this 50 24 chapter. 50 25 Sec. 121. Section 139A.30, Code 2001, is amended to read 50 26 as follows: 50 27 139A.30 CONFIDENTIAL REPORTS. 50 28 Reports to the department which include the identity of 50 29 persons infected with a sexually transmitted disease or 50 30 infection, and all such related information, records, and 50 31 reports concerning the person, shall be confidential and shall 50 32 not be accessible to the public. However, such reports, 50 33 information, and records shall be confidential only to the 50 34 extent necessary to prevent identification of persons named in 50 35 such reports, information, and records; the other parts of 51 1 such reports, information, and records shall be public 51 2 records. The preceding sentence shall prevail over any 51 3 inconsistent provision of thischaptersubchapter. 51 4 Sec. 122. Section 161.2, subsection 4, Code 2001, is 51 5 amended to read as follows: 51 6 4. "Board" means the agrichemical remediation 51 7reimbursementboard created under section 161.3. 51 8 Sec. 123. Section 161.2, subsection 9, unnumbered 51 9 paragraph 1, Code 2001, is amended to read as follows: 51 10 "Fertilizer site" means a place where containers used for 51 11 storing or mixing a fertilizer are located, if any of the 51 12 following apply: 51 13 Sec. 124. Section 161.2, subsection 14, Code 2001, is 51 14 amended by striking the subsection. 51 15 Sec. 125. Section 161.6, subsection 4, paragraph a, Code 51 16 2001, is amended to read as follows: 51 17 a. For a high priority site, soil and groundwater site 51 18 cleanup shall include activeremediationsite cleanup where 51 19 technically feasible, until such time as the groundwater 51 20 contamination levels are below action levels. 51 21 Sec. 126. Section 161.8, subsection 3, paragraph b, 51 22 subparagraph (1), Code 2001, is amended to read as follows: 51 23 (1) The responsible person performed reasonable measures 51 24 necessary for the immediate abatement of anyprohibited51 25releasecontamination. 51 26 Sec. 127. Section 166D.7, subsection 1, paragraph a, Code 51 27 2001, is amended to read as follows: 51 28 a. The herd shall be certified when all breeding swine 51 29 have reacted negatively to a test. The herd must have been 51 30 free from infection for thirty days prior to testing. At 51 31 least ninety percent of swine in the herd must have been on 51 32 the premises as a part of the herd for at least sixty days 51 33 prior to testing, or swine in the herd must have been moved or 51 34 relocated directly from another qualified negative herd. To 51 35 remain certified, the herd must be retested and recertified 52 1 each month as provided by the department. The herd shall be 52 2 recertified wheneach monththe greater of five head of swine 52 3 or at least ten percent of the herd's breeding swine react 52 4 negatively to a test. 52 5 Sec. 128. Section 166D.10, subsection 1, paragraph c, Code 52 6 2001, is amended to read as follows: 52 7 c. A person transfers ownership of all or part of a herd, 52 8 if the herd remains on the same premises. However, the herd 52 9 must be tested by statistical sampling. If any part of the 52 10 herd is subsequently moved or relocated, the swine must be 52 11 moved or relocated in accordance with this section and 52 12 sections 166D.7, 166D.8, and166D.9166D.10A. 52 13 Sec. 129. Section 166D.10B, subsection 1, unnumbered 52 14 paragraph 1, Code 2001, is amended to read as follows: 52 15 A person shall not maintain swine other than feederswine52 16 pigs or cull swine at an approved premises. 52 17 Sec. 130. Section 183A.7, unnumbered paragraph 3, Code 52 18 2001, is amended to read as follows: 52 19 From the moneys collected, deposited, and transferred to 52 20 the council as provided in this chapter, the council shall 52 21 first pay the costs of referendums held pursuant to this 52 22 chapter. Of the moneys remaining,at least ten percent shall52 23be remitted to the national livestock and meat board and the52 24pork industry group;at least twenty-five percent shall be 52 25 remitted to the national pork producers council;and at least 52 26 fifteen percent shall be remitted to the Iowa pork producers 52 27 association, in the proportion the committee determines, for 52 28 use by recipients in a manner not inconsistent with market 52 29 development as defined in section 183A.1. Moneys remaining 52 30 shall be spent as found necessary by the council to further 52 31 carry out the provisions and purposes of this chapter. 52 32 Sec. 131. Section 202A.1, subsection 3, Code 2001, is 52 33 amended to read as follows: 52 34 3. "Packer" means a person who is engaged in the business 52 35 of slaughtering livestock or receiving, purchasing, or 53 1 soliciting livestock for slaughter, if the meat products of 53 2 the slaughtered livestock which are directly or indirectly to 53 3 be offered for resale or for public consumption have a total 53 4 annual value of ten million dollars or more. As used in this 53 5 chapter, "packer" includes an agent of the packer engaged in 53 6 buying or soliciting livestock for slaughter on behalf of a 53 7 packer."Packer" does not include a frozen food locker plant53 8regulated under chapter 172.53 9 Sec. 132. Section 207.22, subsection 3, paragraph b, Code 53 10 2001, is amended to read as follows: 53 11 b. Acquisition of coal refuse disposal sites and all coal 53 12 refuse thereon will serve the purposes of title IV of Pub. L. 53 13 No. 95-87 or that public ownership is desirable to meet 53 14 emergency situations and prevent recurrences of the adverse 53 15 effect of past coal mining practices. 53 16 Sec. 133. Section 216A.102, subsection 1, Code 2001, is 53 17 amended to read as follows: 53 18 1. An energy crisis fund is created in the state treasury. 53 19 Moneys deposited in the fund shall be used to assist low- 53 20 income families who qualify for the low-incomeheatinghome 53 21 energy assistance program to avoid loss of essential heating. 53 22 Sec. 134. Section 232.141, subsection 3, paragraphs c and 53 23 d, Code 2001, are amended to read as follows: 53 24 c. Costs incurred for compensation of an attorney 53 25 appointed by the court to serve as counsel to any party or as 53 26 guardian ad litem for any child shall bemadepaid in 53 27 accordance with sections 13B.4 and 815.7. 53 28 d. Costs incurred under subsection 2 shall be paid by the 53 29 state. The county shall be required to reimburse the indigent 53 30 defense fund for costs incurred by the state up to the 53 31 county's base in subsection23. 53 32 Sec. 135. Section 256D.1, subsection 1, paragraph b, 53 33 unnumbered paragraph 1, Code 2001, is amended to read as 53 34 follows: 53 35 The department of education shall identify diagnostic 54 1 assessment tools that can be used to assist teachers in 54 2 measuring reading accuracy and fluency skills, including but 54 3 not limited to, phonemic awareness, oral reading ability, and 54 4comprehensivecomprehension skills, to improve student 54 5 achievement in kindergarten through grade three. The 54 6 department, in collaboration with the area education agencies, 54 7 school districts, and institutions with approved practitioner 54 8 preparation programs, shall identify and serve as a 54 9 clearinghouse on intensive, research-based strategies and 54 10 programs for training teachers in both diagnosis and 54 11 appropriate instruction interventions. 54 12 Sec. 136. Section 272C.3, subsection 2, paragraph a, Code 54 13 Supplement 2001, is amended to read as follows: 54 14 a. Revoke a license, or suspend a license either until 54 15 further order of the board or for a specified period, upon any 54 16 of the grounds specified in section 147.55, 148.6, 148B.7, 54 17 152.10, 153.34, 154A.24, 169.13, 455B.219, 542B.21, 542C.21, 54 18 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151, 155, 54 19 507B, or 522B, as applicable, or upon any other grounds 54 20 specifically provided for in this chapter for revocation of 54 21 the license of a licensee subject to the jurisdiction of that 54 22 board, or upon failure of the licensee to comply with a 54 23 decision of the board imposing licensee discipline; 54 24 Sec. 137. Section 272C.4, subsection 6, Code Supplement 54 25 2001, is amended to read as follows: 54 26 6. Define by rule acts or omissions which are grounds for 54 27 revocation or suspension of a license under section 147.55, 54 28 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13,455B.19154 29 455B.219, 542B.21, 542C.21, 543B.29, 544A.13, 544B.15, or 54 30 602.3203 or chapter 151, 155, 507B, or 522B, as applicable, 54 31 and to define by rule acts or omissions which constitute 54 32 negligence, careless acts or omissions within the meaning of 54 33 section 272C.3, subsection 2, paragraph "b", which licensees 54 34 are required to report to the board pursuant to section 54 35 272C.9, subsection 2; 55 1 Sec. 138. Section 303.86, Code 2001, is amended to read as 55 2 follows: 55 3 303.86 ARTS COUNCIL. 55 4 The Iowastatearts council is created as an advisory 55 5 council, consisting of fifteen members, appointed by the 55 6 governor from among citizens of Iowa who are recognized for 55 7 their interest or experience in connection with the performing 55 8 and fine arts. In making appointments, due consideration 55 9 shall be given to the recommendations made by representative 55 10 civic, educational, and professional associations and groups 55 11 concerned with or engaged in the production or presentation of 55 12 the performing and fine arts. 55 13 The term of office of each member of the Iowastatearts 55 14 council is three years. The governor shall designate a 55 15 chairperson and a vice chairperson from the members of the 55 16 council to serve at the pleasure of the governor. All 55 17 vacancies shall be filled for the balance of any unexpired 55 18 term in the same manner as original appointments. The members 55 19 of the council shall not receive compensation for their 55 20 services, but shall be reimbursed for their actual and 55 21 necessary expenses incurred in the performance of their duties 55 22 as members of the council. Members may also be eligible for 55 23 compensation as provided in section 7E.6. 55 24 Sec. 139. Section 321.219, unnumbered paragraph 1, Code 55 25 Supplement 2001, is amended to read as follows: 55 26 A person shall not cause or knowingly permit the person's 55 27 child or ward under the age of eighteen years to drive a motor 55 28 vehicle upon any highway when the minor is not authorized 55 29 under thissection or in violation of thischapter. 55 30 Sec. 140. Section 321.279, subsection 1, Code 2001, is 55 31 amended to read as follows: 55 32 1. The driver of a motor vehicle commits a serious 55 33 misdemeanor if the driver willfully fails to bring the motor 55 34 vehicle to a stop or otherwise eludes or attempts to elude a 55 35 marked official law enforcement vehicle driven by a uniformed 56 1 peace officer after being given a visual and audible signal to 56 2 stop. The signal given by the peace officer shall be by 56 3 flashing red light, or by flashing red and blue lights, and 56 4 siren. For purposes of this section, "peace officer" means 56 5 those officers designated under section 801.4, subsection 11, 56 6 paragraphs "a", "b", "c", "g", and "h". 56 7 Sec. 141. Section 321.560, subsection 1, paragraph b, Code 56 8 Supplement 2001, is amended to read as follows: 56 9 b. A temporary restricted license may be issued pursuant 56 10 to section 321J.4, subsection 9, to a person declared to be a 56 11 habitual offender due to a combination of the offenses listed 56 12 under section 321.555, subsection 1, paragraph "b"orand "c". 56 13 Sec. 142. Section 321J.17, subsection 2, unnumbered 56 14 paragraph 2, Code 2001, is amended to read as follows: 56 15 The court or department may request that the community 56 16 college or substance abuse treatment providers licensed under 56 17 chapter 125 conducting the course for drinking driverswhich56 18 that the person is ordered to attend immediately report to the 56 19 court or department that the person has successfully completed 56 20 the course for drinking drivers. The court or department may 56 21 request that the treatment program which the person attends 56 22 periodically report on the defendant's attendance and 56 23 participation in the program, as well as the status of 56 24 treatment or rehabilitation. 56 25 Sec. 143. Section 322C.2, subsections 4 and 7, Code 2001, 56 26 are amended by striking the subsections. 56 27 Sec. 144. Section 331.424A, subsection 4, Code Supplement 56 28 2001, is amended to read as follows: 56 29 4. For the fiscal year beginning July 1, 1996, and for 56 30 each subsequent fiscal year, the county shall certify a levy 56 31 for payment of services. For each fiscal year, county 56 32 revenues from taxes imposed by the county credited to the 56 33 services fund shall not exceed an amount equal to the amount 56 34 of base year expenditures for services as defined in section 56 35 331.438, less the amount of property tax relief to be received 57 1 pursuant to section 426B.2, in the fiscal year for which the 57 2 budget is certified. The county auditor and the board of 57 3 supervisors shall reduce the amount of the levy certified for 57 4 the services fund by the amount of property tax relief to be 57 5 received. A levy certified under this section is not subject 57 6 to the appeal provisions ofsectionssection 331.426and57 7444.25Bor to any other provision in law authorizing a county 57 8 to exceed, increase, or appeal a property tax levy limit. 57 9 Sec. 145. Section 331.424B, Code 2001, is amended to read 57 10 as follows: 57 11 331.424B CEMETERY LEVY. 57 12 The board may levy annually a tax not to exceed six and 57 13 three-fourths cents per thousand dollars of the assessed value 57 14 of all taxable property in the county to repair and maintain 57 15 all cemeteries under the jurisdiction of the board including 57 16 pioneer cemeteries and to pay other expenses of the board or 57 17 the cemetery commission as provided in section 331.325. The 57 18 proceeds of the tax levy shall be credited to the county 57 19 general fund.Sections 444.25A and 444.25B do not apply to57 20the property tax levied or expended for cemeteries pursuant to57 21section 331.325.57 22 Sec. 146. Section 331.756, subsection 5, Code 2001, is 57 23 amended to read as follows: 57 24 5. Enforce all forfeited bonds and recognizances and 57 25 prosecute all proceedings necessary for the recovery of debts, 57 26 revenues, moneys, fines, penalties, restitution of court- 57 27 appointed attorney feesorordered pursuant to section 815.9, 57 28 including the expense of a public defender, and forfeitures 57 29 accruing to the state, the county or a road district in the 57 30 county, and all suits in the county against public service 57 31 corporations which are brought in the name of the state. To 57 32 assist in this duty, the county attorney may procure 57 33 professional collection services provided by persons or 57 34 organizations, including private attorneys, which are 57 35 generally considered to have knowledge and special abilities 58 1 which are not generally available to state or local government 58 2 or may designate another county official or agency to assist 58 3 with collection efforts. 58 4 If professional collection services are procured, the 58 5 county attorney shall file with the clerk of the district 58 6 court an indication of the satisfaction of each obligation to 58 7 the full extent of all moneys collected in satisfaction of 58 8 that obligation, including all fees and compensation retained 58 9 by the collection service incident to the collection and not 58 10 paid into the office of the clerk. 58 11 Before a county attorney designates another county official 58 12 or agency to assist with collection of debts, revenues, 58 13 moneys, fines, penalties, restitution of court-appointed 58 14 attorney feesorordered pursuant to section 815.9, including 58 15 the expense of a public defender, and forfeitures, the board 58 16 of supervisors of the county must approve the designation. 58 17 All fines, penalties, court costs, fees, and restitution 58 18 for court-appointed attorney feesorordered pursuant to 58 19 section 815.9, including the expenses of a public defender 58 20 which are delinquent as defined in section 602.8107 may be 58 21 collected by the county attorney or the person procured or 58 22 designated by the county attorney. In order to receive a 58 23 percentage of the amounts collected pursuant to section 58 24 602.8107, the county attorney must file annually with the 58 25 clerk of the district court on or before July 1 a notice of 58 26 full commitment to collect delinquent obligations and must 58 27 file on the first day of each month a list of the cases in 58 28 which the county attorney or the person procured or designated 58 29 by the county attorney is pursuing the collection of 58 30 delinquent obligations. The annual notice shall contain a 58 31 list of procedures which will be initiated by the county 58 32 attorney. Amounts collected by the county attorney or the 58 33 person procured or designated by the county attorney shall be 58 34 distributed in accordance with section 602.8107. 58 35 Sec. 147. Section 403.6, subsection 17, Code 2001, is 59 1 amended to read as follows: 59 2 17. Subject to applicable state or federal regulations in 59 3 effect at the time of thecitymunicipal action, accept 59 4 contributions, grants, and other financial assistance from the 59 5 state or federal government to be used upon a finding of 59 6 public purpose for grants, loans, loan guarantees, interest 59 7 supplements, technical assistance, or other assistance as 59 8 necessary or appropriate to private persons for an urban 59 9 renewal project. 59 10 Sec. 148. Section 403.17, subsection 10, Code 2001, is 59 11 amended to read as follows: 59 12 10. "Economic development area" means an area of a 59 13 municipality designated by the local governing body as 59 14 appropriate for commercial and industrial enterprises, public 59 15 improvements related to housing and residential development, 59 16 or construction of housing and residential development for low 59 17 and moderate income families, including single or multifamily 59 18 housing. If an urban renewal plan for an urban renewal area 59 19 is based upon a finding that the area is an economic 59 20 development area and that no part contains slum or blighted 59 21 conditions, then the division of revenue provided in section 59 22 403.19 and stated in the plan shall be limited to twenty years 59 23 from the calendar year following the calendar year in which 59 24 thecitymunicipality first certifies to the county auditor 59 25 the amount of any loans, advances, indebtedness, or bonds 59 26 which qualify for payment from the division of revenue 59 27 provided in section 403.19. Such designated area shall not 59 28 include agricultural land, including land which is part of a 59 29 century farm, unless the owner of the agricultural land or 59 30 century farm agrees to include the agricultural land or 59 31 century farm in the urban renewal area. For the purposes of 59 32 this subsection, "century farm" means a farm in which at least 59 33 forty acres of such farm have been held in continuous 59 34 ownership by the same family for one hundred years or more. 59 35 Sec. 149. Section 404A.3, subsection 2, unnumbered 60 1 paragraph 1, Code 2001, is amended to read as follows: 60 2 The state historic preservation office shall establish 60 3 selection criteria and standards for rehabilitation projects 60 4 involving eligible property. The main emphasis of the 60 5 standards shall be to ensure that a rehabilitation project 60 6 maintains the integrity of the eligible property. To the 60 7 extent applicable, the standards shall be consistent with the 60 8 standards of the United States secretary of the interior for 60 9 rehabilitation of eligible property that is listed on the 60 10 national register of historic places or is designated as of 60 11 historic significance to a district listed in the national 60 12 register of historic places or shall be consistent with 60 13 standards for issuance of certificates ofappropriation60 14 appropriateness under sections 303.27 through 303.32. 60 15 Sec. 150. Section 422.4, subsection 2, paragraph c, Code 60 16 2001, is amended by striking the paragraph. 60 17 Sec. 151. Section 422.45, subsection 24, unnumbered 60 18 paragraph 2, Code Supplement 2001, is amended by striking the 60 19 unnumbered paragraph. 60 20 Sec. 152. Section 422.52, subsection 4, Code 2001, is 60 21 amended to read as follows: 60 22 4. The tax by this division imposed upon those sales of 60 23 motor vehicle fuel which are subject to tax and refund under 60 24 chapter 452A shall be collected by thestate treasurer60 25 department by way of deduction from refunds otherwise 60 26 allowable under said chapter. The amount of such deductions 60 27 thetreasurerdepartment shall transfer from the motor vehicle 60 28 fuel fund to the special tax fund. 60 29 Sec. 153. Section 422B.1, subsection 6, paragraph b, Code 60 30 2001, is amended to read as follows: 60 31 b. Within ten days of the election at which a majority of 60 32 those voting on the question favors the imposition, repeal, or 60 33 change in the rate of a local option tax, the county auditor 60 34 shall give written notice of the result of the election by 60 35 sending a copy of the abstract of the votes from the favorable 61 1 election to the director of revenue and finance or, in the 61 2 case of a local vehicle tax, to the director of the department 61 3 of transportation, of the result of the election. 61 4 Sec. 154. Section 426B.1, subsection 2, paragraphs a and 61 5 b, Code 2001, are amended by striking the paragraphs. 61 6 Sec. 155. Section 427.2A, unnumbered paragraph 3, Code 61 7 2001, is amended by striking the unnumbered paragraph. 61 8 Sec. 156. Section 432.1, unnumbered paragraph 1, Code 61 9 2001, is amended to read as follows: 61 10 Every insurance company or association of whatever kind or 61 11 character, not including fraternal beneficiary associations, 61 12 and nonprofit hospital and medical service corporations, 61 13 shall, as required by law, pay to the director of the 61 14 department of revenue and finance, or to a depository 61 15 designated by the director, as taxes, an amount equal to the 61 16 following, except that the premium tax applicable to county 61 17 mutual insurance associations shall be governed by section 61 18 518.18: 61 19 Sec. 157. Section 455B.190A, subsection 1, paragraph e, 61 20 Code 2001, is amended by striking the paragraph. 61 21 Sec. 158. Section 455B.190A, subsection 2, paragraphs f 61 22 and g, Code 2001, are amended to read as follows: 61 23 f. The department shall develop continuing education 61 24 requirements for certification of a well contractorin61 25consultation with the well contractors' council. 61 26 g. The examination shall be developed by the departmentin61 27consultation with the well contractors' council. The 61 28 examination shall be updated as necessary to reflect current 61 29 groundwater law and well construction, maintenance, and 61 30 abandonment practices. 61 31 Sec. 159. Section 455B.190A, subsections 3 and 6, Code 61 32 2001, are amended by striking the subsections. 61 33 Sec. 160. Section 455B.190A, subsection 4, Code 2001, is 61 34 amended to read as follows: 61 35 4. The department shall develop, in consultation with the62 1well contractors' council,a consumer information pamphlet 62 2 regarding well construction, well maintenance, well plugging, 62 3 and Iowa groundwater laws. The departmentand the council62 4 shall review and revise the consumer information pamphlet as 62 5 necessary. The consumer information pamphlet shall be 62 6 supplied to well contractors, at cost, and well contractors 62 7 shall supply one copy at no cost to potential customers prior 62 8 to initiation of well services. 62 9 Sec. 161. Section 455B.190A, subsection 5, unnumbered 62 10 paragraph 1, Code 2001, is amended to read as follows: 62 11 The department shall establish by rule and collect, in62 12consultation with the well contractors' council,the following 62 13 fees to be used to implement and administer the provisions of 62 14 this section: 62 15 Sec. 162. Section 455B.601, subsection 2, paragraph b, 62 16 Code 2001, is amended to read as follows: 62 17 b. A responsible person has executed a remediation 62 18 agreement with the agrichemical remediationreimbursement62 19 board and the responsible person is remediating or has 62 20 remediated the site pursuant to a plan of remediation as 62 21 provided in chapter 161. 62 22 Sec. 163. Section 455E.11, subsection 2, paragraph b, 62 23 subparagraph (1), Code Supplement 2001, is amended to read as 62 24 follows: 62 25 (1) Nine thousand dollars of the account is appropriated 62 26 to the Iowa department of public health for carrying out the 62 27 departmental duties under section 135.11, subsections 20 and 62 28 21, and section139A.31139A.21. 62 29 Sec. 164. Section 476.66, subsections 1 and 7, Code 2001, 62 30 are amended to read as follows: 62 31 1. The utilities board shall adopt rules which shall 62 32 require each electric and gas public utility to establish a 62 33 fund whose purposes shall include the receiving of 62 34 contributions to assist the utility's low-income customers 62 35 with weatherization measures to improve energy efficiency 63 1 related to winter heating and summer cooling, and to 63 2 supplement the energy assistance received under the federal 63 3 low-incomeheatinghome energy assistance program for the 63 4 payment of winter heating electric or gas utility bills. 63 5 7. Existing programs to receive customer contributions 63 6 established by public utilities shall be construed to meet the 63 7 requirements of this section. Such plans shall be subject to 63 8 review by the utilities board.If determined not to be in63 9compliance with the provisions of this section, they shall be63 10given until July 1989 to modify their operation so as to be in63 11compliance.63 12 Sec. 165. Section 486A.1102, subsection 2, Code 2001, is 63 13 amended to read as follows: 63 14 2. The agent of a foreign limited liabilitycompany63 15 partnership for service of process must be an individual who 63 16 is a resident of this state or other person authorized to do 63 17 business in this state. 63 18 Sec. 166. Section 511.8, subsection 22, paragraph d, Code 63 19 2001, is amended to read as follows: 63 20 d. Investments in financial instruments used in hedging 63 21 transactions are not eligible in excess of ten percent of the 63 22 legal reserve, except insofar as the financial instruments are 63 23 collateralized by cash or United States government obligations 63 24 as authorized by subsection 1 deposited with a custodian bank 63 25 as defined in subsection 21, and held under a written 63 26 agreement with the custodian bank that complies with 63 27 subsection 21 and provides for the proceeds of the collateral, 63 28 subject to the terms and conditions of the applicable 63 29 collateral or other credit support agreement, to be remitted 63 30 to the legal reserve deposit of the company or association and 63 31 to vest in the state in accordance with section 508.18 63 32 whenever proceedings underthisthat section are instituted. 63 33 Sec. 167. Section 514.3, Code 2001, is amended to read as 63 34 follows: 63 35 514.3 APPROVAL BY COMMISSIONER. 64 1 The articles of incorporation, and any subsequent 64 2 amendments, of a corporation shall have endorsed on or annexed 64 3 to those articles or amendments the approval of the 64 4 commissioner of insurance before the same shall be filed for 64 5 record. A corporation shall file with the commissioner bylaws 64 6 and subsequent amendments to the bylaws within thirty days of 64 7 the adoption of the bylaws and amendments. 64 8 Sec. 168. Section 515.24, Code 2001, is amended to read as 64 9 follows: 64 10 515.24 TAX – COMPUTATION. 64 11 For the purpose of determining the basis of any tax upon 64 12 the "gross amount of premiums", or "gross receipts from 64 13 premiums, assessments, fees, and promissory obligations", now 64 14 or hereafter imposed upon any fire or casualty insurance 64 15 company under any law of this state, such gross amount or 64 16 gross receipts shall consist of the gross premiums or receipts 64 17 for direct insurance, without including or deducting any 64 18 amounts received or paid for reinsurance except that any 64 19 company reinsuring windstorm or hail risks written by county 64 20 mutual insurance associations shall be required to pay a two 64 21 percent tax on the gross amount of reinsurance premiums 64 22 received upon such risks, but with such other deductions as 64 23 provided by law, and in addition deducting any so-called 64 24 dividend or return of savings or gains to policyholders; 64 25 provided that as to any deposits or deposit premiums received 64 26 by any such company, the taxable premiums shall be the portion 64 27 of such deposits or deposit premiums earned during the year 64 28 with such deductions therefrom as provided by law. 64 29 Sec. 169. Section 515F.3, subsection 6, Code 2001, is 64 30 amended to read as follows: 64 31 6. Insurance written by a county mutual insurance 64 32 association as provided in chapter518A518. 64 33 Sec. 170. Section 518.17, unnumbered paragraph 2, Code 64 34 2001, is amended to read as follows: 64 35 Reinsurance sufficient to protect the financial stability 65 1 of the state mutual insurance association is also required. 65 2 Reinsurance coverage obtained by a county mutual insurance 65 3 association shall not expose the association to losses from 65 4 coverages written pursuant to this chapter of more than 65 5 fifteen percent from surplus in any calendar year. The 65 6 commissioner of insurance may require additional reinsurance 65 7 if necessary to protect the policyholders of the association. 65 8 Sec. 171. Section 536A.12, subsection 1, Code 2001, is 65 9 amended to read as follows: 65 10 1. Each such license remains in full force and effect 65 11 until surrendered, revoked, or suspended, or until there is a 65 12 change of control on or after January 1, 1996. A licensee, on 65 13 or before the second day of January, shall pay to the 65 14 superintendent the sum of two hundred fifty dollars as an 65 15 annual license fee for the succeeding calendar year. When a 65 16 licensee changes its place of business from one location to 65 17 another in the same city, it shall at once give written notice 65 18 to the superintendent who shall attach to the license in 65 19 writing the superintendent's record of the change and the date 65 20 of the change, which is authority for the operation of the 65 21 business under that license at the new place of business. 65 22 Sec. 172. Section 536A.30, subsection 4, Code 2001, is 65 23 amended to read as follows: 65 24 4. Section 536A.12, to the extent it requires a licensee 65 25 to pay an annual license fee which, when combined with that 65 26 required in section 536A.7, is in excess oftentwo hundred 65 27 fifty dollars. 65 28 Sec. 173. Section 537A.10, subsection 5, paragraph b, 65 29 subparagraph (2), Code Supplement 2001, is amended to read as 65 30 follows: 65 31 (2) If pursuant to such a transferless thanfifty percent 65 32 or less of the entire franchise would be owned by persons who 65 33 meet the franchisor's reasonable current qualifications, the 65 34 franchisor may refuse to authorize the transfer, provided that 65 35 enforcement of the reasonable current qualifications is not 66 1 arbitrary or capricious. 66 2 Sec. 174. Section 543D.2, Code Supplement 2001, is amended 66 3 to read as follows: 66 4 543D.2 DEFINITIONS. 66 5 As used in this chapter, unless the context otherwise 66 6 requires: 66 7 1. "Appraisal" or "real estate appraisal" means an 66 8 analysis, opinion, or conclusion relating to the nature, 66 9 quality, value, or utility of specified interests in, or 66 10 aspects of, identified real estate. An appraisal may be 66 11 classified by subject matter into either a valuation or an 66 12 analysis. A "valuation" is an estimate of the value of real 66 13 estate or real property. An "analysis" is a study of real 66 14 estate or real property other than estimating value. 66 15 2. "Appraisal assignment" means an engagement for which an 66 16 appraiser is employed or retained to act, or would be 66 17 perceived by third parties or the public as acting as a 66 18 disinterested third party in rendering an appraisal, 66 19 valuation, or analysis. 66 20 3. "Appraisal foundation" means the appraisal foundation 66 21 incorporated as an Illinois not-for-profit corporation on 66 22 November 30, 1987. 66 23 4. "Appraisal report" means any communication of an 66 24 appraisal. 66 255. "Associate real estate appraiser" means a person who66 26may not yet fully meet the requirements for certification but66 27who is providing significant input into the appraisal66 28development under the direction of a certified appraiser.66 296.5. "Board" means the real estate appraiser examining 66 30 board established pursuant to this chapter. 66 317.6. "Certified appraisal or certified appraisal report" 66 32 means an appraisal or appraisal report given or signed and 66 33 certified as an appraisal or appraisal report by an Iowa 66 34 certified real estate appraiser. 66 358.7. A "certified real estate appraiser" means a person 67 1 who develops and communicates real estate appraisals and who 67 2 holds a current, valid certificate for appraisals of types of 67 3 real estate which may include residential, commercial, or 67 4 rural real estate, as may be established under this chapter. 67 5 8. "Real property appraiser trainee" means a person who 67 6 may not fully meet the requirements for certification but who 67 7 is providing significant input into the appraisal development 67 8 under the direction of the certified appraiser. 67 9 9. "Review appraiser" means a person who is responsible 67 10 for the administrative approval of the appraised value of real 67 11 property or assures that appraisal reports conform to the 67 12 requirements of law and policy, or that the value of real 67 13 property estimated by appraisers represents adequate security, 67 14 fair market value, or other defined value. 67 15 10. "Specialized services" means a hypothetical or other 67 16 special valuation, or an analysis or an appraisal which does 67 17 not fall within the definition of an appraisal assignment. 67 18 Sec. 175. Section 543D.7, Code 2001, is amended to read as 67 19 follows: 67 20 543D.7 CERTIFICATION PROCESS. 67 211.Applications for original certification, renewal 67 22 certification, and examinations shall be madein writingto 67 23 the board on forms approved by the board. 67 242. Until the board has adopted final rules to implement67 25this chapter, the board may issue interim annual certification67 26to qualified applicants. No interim annual certifications may67 27be issued or renewed following the publication of final67 28certification rules by the board.67 29 Sec. 176. Section 543D.15, subsection 2, Code 2001, is 67 30 amended to read as follows: 67 31 2. The term "associaterealestateproperty appraiser 67 32 trainee" shall only be used to refer to individuals who do not 67 33 yet fully meet the requirements for certification but who 67 34 provide significant input into the appraisal development under 67 35 the direction of a certified appraiser. 68 1 Sec. 177. Section 543D.19, subsections 1 and 2, Code 2001, 68 2 are amended to read as follows: 68 3 1. A certified real estate appraiser shall retain for 68 4threefive years, originals or true copies of all written 68 5 contracts engaging the appraiser's services for real estate 68 6 appraisal work and all reports and supporting data assembled 68 7 and formulated for use by the appraiser or theassociatereal 68 8 property appraiser trainee in preparing the reports. 68 9 2. Thethree-yearfive-year period for retention of 68 10 records is applicable to each engagement of the services of a 68 11 certified real estate appraiser and shall commence upon the 68 12 date of the submission of the appraisal to the client unless, 68 13 within thethree-yearfive-year period, the appraiser is 68 14 notified that the appraisal or report is involved in 68 15 litigation, in which event thethree-yearfive-year period for 68 16 the retention of records shall commence upon the date of the 68 17 final disposition of the litigation. 68 18 Sec. 178. Section 554D.120, subsection 2, Code 2001, is 68 19 amended to read as follows: 68 20 2. Except as otherwise provided in section 554D.114, 68 21 subsection 6, on or before July 1, 2003, a state executive 68 22 branch agency, department, board, commission, authority, or 68 23 institution, in consultation and cooperation with thedivision68 24ofinformation technologyservices of thedepartmentof68 25general services, shall send and accept electronic records and 68 26 electronic signatures to and from other persons and otherwise 68 27 create, generate, communicate, store, process, use, and rely 68 28 upon electronic records and signatures. The department of 68 29 management, upon the written request of a state executive 68 30 branch agency, department, board, commission, authority, or 68 31 institution and for good cause shown, may grant a waiver from 68 32 the July 1, 2003, deadline established in this section to the 68 33 state executive branch agency, department, board, commission, 68 34 authority, or institution. 68 35 Sec. 179. Section 554D.120, subsection 3, unnumbered 69 1 paragraph 1, Code 2001, is amended to read as follows: 69 2 To the extent that a governmental agency of this state uses 69 3 electronic records and electronic signatures under subsection 69 4 1 or 2, the office of the secretary of state and thedivision69 5ofinformation technologyservices of thedepartmentof69 6general services, jointly, and in consultation with the office 69 7 of the attorney general, giving due consideration to security, 69 8 may specify by rule all of the following: 69 9 Sec. 180. Section 595.13, Code 2001, is amended to read as 69 10 follows: 69 11 595.13 CERTIFICATE – RETURN. 69 12 After the marriage has been solemnized, the officiating 69 13 minister or magistrate shall attest to the marriage on the 69 14 blank provided for that purpose and return the certificate of 69 15 marriage within fifteen days to the county registrar who 69 16 issued the marriage licenseupon the blank provided for that69 17purpose. 69 18 Sec. 181. Section 633.568, Code 2001, is amended to read 69 19 as follows: 69 20 633.568 NOTICE TO PROPOSED WARD. 69 21 1. a. If the proposed ward is an adult, notice of the 69 22 filing of the petition shall be served upon the proposed ward 69 23 in the manner of an original notice and the content of the 69 24 notice is governed by the rules of civil procedure governing 69 25 original notice. 69 26 b. Except where the ward is the petitioner, notice shall 69 27 also be served upon the ward's spouse. If the ward has no 69 28 spouse, notice shall be served upon the ward's adult children, 69 29 if any. 69 30 2. a. If the proposed ward is a minor or if the proposed 69 31 ward is an adult under a standby petition and the court 69 32 determines, pursuant to section 633.575, subsection 1, 69 33 paragraph "b", that the proposed ward is entitled to 69 34 representation, notice in the manner of original notice, or 69 35 another form of notice ordered by the court, given to the 70 1 attorney appointed to represent the ward is notice to the 70 2 proposed ward. 70 3 b. Notice shall also be served uponthe: 70 4 (1) The parents of the proposed ward, if the ward is a 70 5 minor. 70 6 (2) The spouse of the proposed ward, if the proposed ward 70 7 is an adult. If the ward has no spouse, notice shall be 70 8 serviced upon the proposed ward's adult children, if any. 70 9 3. Service of notice under this section upon persons other 70 10 than the proposed ward shall be made upon such persons whose 70 11 identities are reasonably ascertainable pursuant to section 70 12 633.40, subsection 5. Proof of service shall be made by 70 13 affidavit, to which copies of all documents served shall be 70 14 attached. 70 15 Sec. 182. Section 633.6202, subsection 2, paragraph o, 70 16 Code 2001, is amended to read as follows: 70 17 o. Authorize or direct transferorof a trust or trust 70 18 property to or from another jurisdiction. 70 19 Sec. 183. Section 692A.7, subsection 1, Code 2001, is 70 20 amended to read as follows: 70 21 1. A person required to register under this chapter who 70 22 knowingly violates any requirements specified under sections 70 23 692A.2 through 692A.4 commits an aggravated misdemeanor for a 70 24 first offense and a class "D" felony for a second or 70 25 subsequent offense. However, a person required to register 70 26 under this chapter who knowingly violates any of the 70 27 requirements specified under sections 692A.2 through 692A.4 70 28 and who commits a criminal offense against a minor, sexual 70 29 exploitation, an other relevant offense, or a sexually violent 70 30 offense is guilty of a class "C" felony. Any fine imposed for 70 31 a second or subsequent violation shall not be suspended. The 70 32 court shall not defer judgment or sentence for any violation 70 33 of any requirements specified under sections 692A.2 through 70 34 692A.4. A knowing violationofby a person, who is on 70 35 probation, parole, work release, or any other form of release, 71 1to comply withof any requirements specified under sections 71 2 692A.2 through 692A.4 shall result in the automatic revocation 71 3 of the person's probation, parole, or work release. 71 4 Sec. 184. Section 692A.13, subsection 3, paragraph c, 71 5 subparagraph (1), Code 2001, is amended to read as follows: 71 6 (1) Persons who commit a criminal offense against a minor, 71 7 an aggravated offense, sexual exploitation, a sexually violent 71 8 offense, or an other relevant offense on or afterthe71 9effective date of this ActJuly 1, 1999, and who have been 71 10 assessed to be "moderate-risk" or "high-risk". 71 11 Sec. 185. Section 714.16, subsection 2, paragraph n, 71 12 subparagraph (1), unnumbered paragraph 1, Code Supplement 71 13 2001, is amended to read as follows: 71 14 It is an unlawful practice for a person to misrepresent the 71 15 geographic location of a supplierorof a service or product 71 16 by listing a fictitious business name or an assumed business 71 17 name in a local telephone directory or directory assistance 71 18 database if all of the following apply: 71 19 Sec. 186. Section 910.1, subsection 4, Code 2001, is 71 20 amended to read as follows: 71 21 4. "Restitution" means payment of pecuniary damages to a 71 22 victim in an amount and in the manner provided by the 71 23 offender's plan of restitution. "Restitution" also includes 71 24 fines, penalties, and surcharges, the contribution of funds to 71 25 a local anticrime organization which provided assistance to 71 26 law enforcement in an offender's case, the payment of crime 71 27 victim compensation program reimbursements, payment of 71 28 restitution to public agencies pursuant to section 321J.2, 71 29 subsection 9, paragraph "b", court costs including 71 30 correctional fees approved pursuant to section 356.7, court- 71 31 appointedattorney'sattorney fees, orordered pursuant to 71 32 section 815.9, including the expense of a public defender, and 71 33 the performance of a public service by an offender in an 71 34 amount set by the court when the offender cannot reasonably 71 35 pay all or part of the court costs including correctional fees 72 1 approved pursuant to section 356.7, court-appointedattorney's72 2 attorney fees, orordered pursuant to section 815.9, including 72 3 the expense of a public defender. 72 4 Sec. 187. Section 910.2, Code 2001, is amended to read as 72 5 follows: 72 6 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY 72 7 SENTENCING COURT. 72 8 In all criminal cases in which there is a plea of guilty, 72 9 verdict of guilty, or special verdict upon which a judgment of 72 10 conviction is rendered, the sentencing court shall order that 72 11 restitution be made by each offender to the victims of the 72 12 offender's criminal activities, to the clerk of court for 72 13 fines, penalties, surcharges, and, to the extent that the 72 14 offender is reasonably able to pay, for crime victim 72 15 assistance reimbursement, restitution to public agencies 72 16 pursuant to section 321J.2, subsection 9, paragraph "b", court 72 17 costs including correctional fees approved pursuant to section 72 18 356.7, court-appointedattorney'sattorney fees ordered 72 19 pursuant to section 815.9, including the expense of a public 72 20 defender, when applicable, or contribution to a local 72 21 anticrime organization. However, victims shall be paid in 72 22 full before fines, penalties, and surcharges, crime victim 72 23 compensation program reimbursement, public agencies, court 72 24 costs including correctional fees approved pursuant to section 72 25 356.7, court-appointedattorney'sattorney fees,ordered 72 26 pursuant to section 815.9, including the expenses of a public 72 27 defender, or contributions to a local anticrime organization 72 28 are paid. In structuring a plan of restitution, the court 72 29 shall provide for payments in the following order of priority: 72 30 victim, fines, penalties, and surcharges, crime victim 72 31 compensation program reimbursement, public agencies, court 72 32 costs including correctional fees approved pursuant to section 72 33 356.7, court-appointedattorney'sattorney fees, orordered 72 34 pursuant to section 815.9, including the expense of a public 72 35 defender, and contribution to a local anticrime organization. 73 1 When the offender is not reasonably able to pay all or a 73 2 part of the crime victim compensation program reimbursement, 73 3 public agency restitution, court costs including correctional 73 4 fees approved pursuant to section 356.7, court-appointed 73 5attorney'sattorney fees,ordered pursuant to section 815.9, 73 6 including the expense of a public defender, or contribution to 73 7 a local anticrime organization, the court may require the 73 8 offender in lieu of that portion of the crime victim 73 9 compensation program reimbursement, public agency restitution, 73 10 court costs including correctional fees approved pursuant to 73 11 section 356.7, court-appointedattorney'sattorney fees,73 12 ordered pursuant to section 815.9, including the expense of a 73 13 public defender, or contribution to a local anticrime 73 14 organization for which the offender is not reasonably able to 73 15 pay, to perform a needed public service for a governmental 73 16 agency or for a private nonprofit agency which provides a 73 17 service to the youth, elderly, or poor of the community. When 73 18 community service is ordered, the court shall set a specific 73 19 number of hours of service to be performed by the offender 73 20 which, for payment of court-appointedattorney'sattorney fees 73 21orordered pursuant to section 815.9, including the expenses 73 22 of a public defender, shall be approximately equivalent in 73 23 value to those costs. The judicial district department of 73 24 correctional services shall provide for the assignment of the 73 25 offender to a public agency or private nonprofit agency to 73 26 perform the required service. 73 27 Sec. 188. Section 910.3, Code 2001, is amended to read as 73 28 follows: 73 29 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 73 30 The county attorney shall prepare a statement of pecuniary 73 31 damages to victims of the defendant and, if applicable, any 73 32 award by the crime victim compensation program and expenses 73 33 incurred by public agencies pursuant to section 321J.2, 73 34 subsection 9, paragraph "b", and shall provide the statement 73 35 to the presentence investigator or submit the statement to the 74 1 court at the time of sentencing. The clerk of court shall 74 2 prepare a statement of court-appointedattorney'sattorney 74 3 fees,ordered pursuant to section 815.9, including the expense 74 4 of a public defender, and court costs including correctional 74 5 fees claimed by a sheriff pursuant to section 356.7, which 74 6 shall be provided to the presentence investigator or submitted 74 7 to the court at the time of sentencing. If these statements 74 8 are provided to the presentence investigator, they shall 74 9 become a part of the presentence report. If pecuniary damage 74 10 amounts are not available at the time of sentencing, the 74 11 county attorney shall provide a statement of pecuniary damages 74 12 incurred up to that time to the clerk of court. The statement 74 13 shall be provided no later than thirty days after sentencing. 74 14 If a defendant believes no person suffered pecuniary damages, 74 15 the defendant shall so state. If the defendant has any mental 74 16 or physical impairment which would limit or prohibit the 74 17 performance of a public service, the defendant shall so state. 74 18 The court may order a mental or physical examination, or both, 74 19 of the defendant to determine a proper course of action. At 74 20 the time of sentencing or at a later date to be determined by 74 21 the court, the court shall set out the amount of restitution 74 22 including the amount of public service to be performed as 74 23 restitution and the persons to whom restitution must be paid. 74 24 If the full amount of restitution cannot be determined at the 74 25 time of sentencing, the court shall issue a temporary order 74 26 determining a reasonable amount for restitution identified up 74 27 to that time. At a later date as determined by the court, the 74 28 court shall issue a permanent, supplemental order, setting the 74 29 full amount of restitution. The court shall enter further 74 30 supplemental orders, if necessary. These court orders shall 74 31 be known as the plan of restitution. 74 32 Sec. 189. Section 910.9, unnumbered paragraph 3, Code 74 33 2001, is amended to read as follows: 74 34 Fines, penalties, and surcharges, crime victim compensation 74 35 program reimbursement, public agency restitution, court costs 75 1 including correctional fees claimed by a sheriff pursuant to 75 2 section 356.7, court-appointedattorney'sattorney fees, and75 3 ordered pursuant to section 815.9, including the expenses for 75 4 public defenders, shall not be withheld by the clerk of court 75 5 until all victims have been paid in full. Payments to victims 75 6 shall be made by the clerk of court at least quarterly. 75 7 Payments by a clerk of court shall be made no later than the 75 8 last business day of the quarter, but may be made more often 75 9 at the discretion of the clerk of court. The clerk of court 75 10 receiving final payment from an offender shall notify all 75 11 victims that full restitution has been made. Each office or 75 12 individual charged with supervising an offender who is 75 13 required to perform community service as full or partial 75 14 restitution shall keep records to assure compliance with the 75 15 portions of the plan of restitution and restitution plan of 75 16 payment relating to community service and, when the offender 75 17 has complied fully with the community service requirement, 75 18 notify the sentencing court. 75 19 Sec. 190. Sections 444.25A, 444.25B, 444.26, and 444.27, 75 20 Code 2001, are repealed. 75 21 Sec. 191. 2000 Iowa Acts, chapter 1148, section 1, is 75 22 amended to read as follows: 75 23 SECTION 1. COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL. 75 24 1. Chapters 6B,10A,11, 12B,24,35B, 43, 50, 62, 64, 65, 75 25 66, 69, 96, 99,124C, 144,147,161A,177A, 230, 257B,306,75 26309,311, 317,321A,347B, 353,354,357, 357C,357D, 357E,75 27357F, 357G,358,358C,359, 359A, 380, 384,386,420,422,75 28424, 425,426A, 428, 433, 434,435,436,437, 437A,438, 440, 75 29 441, 443, 444, 448, 449,455I,468, 556F, 557C, 558, 561, 595, 75 30 614, and 658,and 717B,Code 1999 and Code Supplement 1999, 75 31 are amended by adding the following new definition: 75 32 NEW DEFINITION. As used in this chapter, unless the 75 33 context otherwise requires, "list", "book", "record", or 75 34 "schedule" kept by a county auditor, assessor, treasurer, 75 35 recorder, sheriff, or other county officer means the county 76 1 system as defined in section 445.1. 76 2 2. The Code editor is directedto add the definition76 3prescribed in subsection 1 to the definition sections of, for 76 4 each chapter listedor, if a definition section does not76 5exist, to create a definition section including the definition 76 6 prescribed in subsection 1 for the chapter in the Code of 76 7 Iowa, 2001. 76 8 Sec. 192. 2000 Iowa Acts, chapter 1148, is amended by 76 9 adding the following new sections: 76 10 SEC. 1A. COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL. 76 11 1. Sections 10A.101, 24.2, 124C.1, 144.1, 161A.3, 306.2, 76 12 309.1, 321A.1, 354.2, 357D.1, 357E.1, 357F.1, 357G.1, 358C.1, 76 13 386.1, 422.3, 424.2, 437.1, 437A.3, and 455I.1, Code 1999 and 76 14 Code Supplement 1999, are amended by adding the following new 76 15 definition: 76 16 NEW DEFINITION. "Book", "list", "record", or "schedule" 76 17 kept by a county auditor, assessor, treasurer, recorder, 76 18 sheriff, or other county officer means the county system as 76 19 defined in section 445.1. 76 20 2. The Code editor is directed to add the definition 76 21 prescribed in subsection 1 to the definitions in each section 76 22 listed for the Code of Iowa, 2001. 76 23 SEC. 1B. COUNTY SYSTEM FOR DATA STORAGE AND RETRIEVAL. 76 24 1. Sections 425.11, 435.1, and 717B.1, Code 1999 and Code 76 25 Supplement 1999, are amended by adding the following new 76 26 definition: 76 27 NEW DEFINITION. Unless the context otherwise requires, 76 28 "book", "list", "record", or "schedule" kept by a county 76 29 auditor, assessor, treasurer, recorder, sheriff, or other 76 30 county officer means the county system as defined in section 76 31 445.1. 76 32 2. The Code editor is directed to add the definition 76 33 prescribed in subsection 1 to the definitions in each section 76 34 listed for the Code of Iowa, 2001. 76 35 Sec. 193. 2000 Iowa Acts, chapter 1228, section 37, is 77 1 amended to read as follows: 77 2 SEC. 37. 1991 Iowa Acts, chapter 169, section 9, as 77 3 amended by 1996 Iowa Acts, chapter 1071, section 1, is 77 4 repealed. 77 5 On or before December 15, 2000, the prevention of 77 6 disabilities policy council shall submit a report to the 77 7 governor and the general assembly providing findings and 77 8 recommendations regarding the activities and duties of the 77 9commissioncouncil and the need for its continuation. 77 10 DIVISION III 77 11 Sec. 194. EFFECTIVE DATES. 77 12 1. The section of this Act amending section 14B.105, 77 13 subsection 1, paragraph b, unnumbered paragraph 1, being 77 14 deemed of immediate importance, takes effect upon enactment 77 15 and applies retroactively to April 25, 2000. 77 16 2. The section of this Act amending section 714.16, 77 17 subsection 2, paragraph n, being deemed of immediate 77 18 importance, takes effect upon enactment and applies 77 19 retroactively to July 1, 2000. 77 20 3. The section of this Act amending 2000 Iowa Acts, 77 21 chapter 1228, section 37, being deemed of immediate 77 22 importance, takes effect upon enactment and applies 77 23 retroactively to May 17, 2000. 77 24 EXPLANATION 77 25 This bill makes corrections to the Code of Iowa to reflect 77 26 current practices, to insert omissions, to delete 77 27 redundancies, inaccuracies, and temporary language, and to 77 28 resolve inconsistencies and conflicts, to update ongoing 77 29 provisions, and to remove ambiguities. 77 30 DIVISION I 77 31 Code section 7A.20. Strikes a reference to Code section 77 32 159.10, which contained the requirements for the book of 77 33 agriculture. Code section 159.10 was repealed in 2001 Acts, 77 34 chapter 129, section 7. 77 35 Code section 9E.15. Deletes language in the short form 78 1 certificates of notarial acts which specifies when a notary's 78 2 commission is to expire. Code section 9E.6A requires the same 78 3 information to appear on the notary public's stamp or seal 78 4 that appears on those same certificates. 78 5 Code sections 12.72 and 12.82. Substitutes the word 78 6 "treasurer" for the word "authority" in language relating to 78 7 the treasurer of state's authority to receive and deposit 78 8 moneys into bond reserve funds associated with the vision Iowa 78 9 fund and the school infrastructure fund. 78 10 Code section 15.333. Changes language relating to the 78 11 refunding of unused corporate tax credits for new investment 78 12 which is related to the creation of new jobs at a new or 78 13 expanded business, corrects references to "S corporations", 78 14 and specifies the tax return to which a tax credit claim must 78 15 be attached to qualify for the tax credit. The former term 78 16 "subchapter S corporations" was changed to "S corporations" in 78 17 2000 Acts, chapter 1194. 78 18 Code section 15E.1. Adds a definition that specifies that 78 19 where the term "department" is used in the chapter entitled 78 20 "DEVELOPMENT ACTIVITIES", the term refers to the department of 78 21 economic development. 78 22 Code section 15E.193C. Adds the word "paragraph" that was 78 23 inadvertently omitted in two places from language pertaining 78 24 to tax exemptions that may be claimed for the value of certain 78 25 property located within enterprise zones. 78 26 Code section 84A.4. Strikes the words "and not five" in 78 27 language specifying when regional advisory boards are required 78 28 to meet. Under Code section 84A.1A, five members of the 78 29 workforce development board are required to assent to various 78 30 board actions, whereas a request by a majority of the members 78 31 of the regional advisory board is sufficient to require a 78 32 meeting. 78 33 Code section 85A.20. Changes the pronoun "its" to the more 78 34 specific "the physicians'" in language relating to the 78 35 investigation of occupational diseases. 79 1 Code section 88.5. Changes the word "paragraph" to 79 2 "subsection" in language contained in subsection 7 of this 79 3 Code section which relates to special variances in 79 4 occupational safety and health standards. There is only one 79 5 paragraph in subsection 7. 79 6 Code section 123.14. Corrects a reference regarding the 79 7 divisions and agencies responsible for assisting the division 79 8 of beer, wine, and liquor law enforcement in the performance 79 9 of the division's duties. The duties formerly performed by 79 10 the department of inspections and appeals are now performed by 79 11 the alcoholic beverages division of the department of 79 12 commerce. 79 13 Code section 124C.1. Changes the word "section" to 79 14 "chapter" in the definitions section for the chapter on the 79 15 cleanup of clandestine laboratory sites. 79 16 Code section 135.63. Deletes obsolete language in 79 17 provisions relating to when a certificate of need is required 79 18 for an institutional health service. The provisions being 79 19 eliminated expired on June 30, 1998, and placed limitations on 79 20 the processing and consideration of certificate of need 79 21 applications for new or changed institutional health services 79 22 for intermediate care facilities for persons with mental 79 23 retardation. 79 24 Code section 154.6. Clarifies language relating to 79 25 submission of information pertaining to continuing education 79 26 program attendance by persons licensed to practice optometry. 79 27 Code section 154A.9. Deletes the word "recent" in language 79 28 specifying that a recent photograph is not required to be 79 29 attached to an application for licensure or a permit as a 79 30 hearing aid dispenser. 79 31 Code section 154A.20. Strikes the words "to" and "either" 79 32 in language pertaining to the conditions under which a hearing 79 33 aid dispenser or temporary permit holder is required to 79 34 suggest in writing to a person that consultation with a 79 35 licensed physician specializing in diseases of the ear or with 80 1 a duly licensed physician would be in the person's best 80 2 interests. The word "bill" is also replaced with the word 80 3 "chapter" in language relating to when hearing aid dispensers 80 4 may sell a hearing aid to a person who is twelve years of age 80 5 or younger. The licensing of hearing aid dispensers is 80 6 performed pursuant to the authority granted in Code chapter 80 7 154A. 80 8 Code section 154A.23. Adds the words "the permit of the" 80 9 to a reference to temporary permit holders in language 80 10 relating to complaints and proceedings against hearing aid 80 11 dispensers and temporary permit holders. 80 12 Code section 161B.1. Deletes language describing the 80 13 composition and duties of the agricultural energy management 80 14 advisory council. The council has completed its duties and 80 15 has disbanded. 80 16 Code section 163.6. Clarifies the definition of the term 80 17 "department" in a provision relating to the collection of 80 18 samples of blood in slaughter facilities. The department of 80 19 agriculture and land stewardship is responsible for performing 80 20 the duties described under the Code section unless the United 80 21 States department of agriculture is otherwise specified. 80 22 Code section 163.51. Changes the word "of" to the word 80 23 "for" in language regarding the compensation of owners for 80 24 property inadvertently destroyed as a result of the department 80 25 of agriculture and land stewardship's regulation of activities 80 26 in a quarantined area. 80 27 Code section 165A.4. Changes the word "must" to "shall" in 80 28 language imposing a duty to separate infected cattle. Code 80 29 section 4.1, subsection 30, provides that the term "shall" 80 30 imposes a duty. 80 31 Code section 169A.13. Changes the words "each fifth year" 80 32 to "every five years" to clarify that renewal of recording of 80 33 livestock brands is to occur at five-year intervals after the 80 34 original recording of the brand. 80 35 Code section 173.1A. Changes the word "section" to 81 1 "chapter" in the definitions section for the Code chapter 81 2 pertaining to state fairs. 81 3 Code section 175A.2. Clarifies that members of the grape 81 4 and wine development commission are not entitled to any 81 5 compensation or expenses. Code section 7E.6 relates to the 81 6 payment of per diem and expenses for various boards and 81 7 commissions. 81 8 Code section 175A.3. Changes language from "approve" to 81 9 "propose" regarding the grape and wine development 81 10 commission's role in rules adopted by the department of 81 11 agriculture to administer the grape and wine development 81 12 provisions of Code chapter 175A. The commission is subject to 81 13 the authority of the department. 81 14 Code section 192.132. Repeals a requirement that an 81 15 applicant for a milk tester's license submit to examination 81 16 and demonstrate that the applicant is competent to test cream 81 17 and milk according to an approved process. This is not a 81 18 requirement for the federal regulatory milk program, which is 81 19 the process in place in Iowa for the inspection of milk. 81 20 Code section 216B.4. Changes the term "administrator" to 81 21 the term "director" in language relating to acceptance of 81 22 federal aid by the chief executive officer of the department 81 23 for the blind. When the department for the blind was a 81 24 division of the department of human rights, that position was 81 25 referred to as the "administrator". The department for the 81 26 blind was made a separate department in 1988, as a result of 81 27 the enactment of 1988 Acts, chapter 1277. 81 28 Code sections 225.12 and 225.30. Strikes the word "an" 81 29 from language regarding the filing of a physician's report on 81 30 a patient of a psychiatric hospital pursuant to Code section 81 31 225.10. Although information is required to be filed under 81 32 the Code sections, it is not in the form of the legal document 81 33 known as "an information", which is used by prosecutors to set 81 34 out facts and charges in criminal cases. 81 35 Code section 225B.7. Deletes obsolete language regarding 82 1 the request and receipt of grants and other activities 82 2 conducted during the initial years of the establishment of the 82 3 prevention coordination system in the prevention of 82 4 disabilities Code chapter. 82 5 Code section 229.14. Strikes the word "as" in language 82 6 relating to a chief medical officer's report for persons 82 7 hospitalized on an inpatient basis for mental illness 82 8 treatment. Adds the words "copies of" to language regarding 82 9 the provision of relevant court orders to treatment providers 82 10 for mental illness treatment. The first change corrects a 82 11 clerical error. The second change conforms the language 82 12 relating to receipt of information to other provisions in the 82 13 same Code chapter. 82 14 Code section 233.1. Eliminates a comma in language 82 15 defining the term "institutional health facility", to avoid 82 16 limiting the possible applicability of the 24-hour, seven-day 82 17 accessibility requirement to only hospital emergency rooms. 82 18 Code section 233.6. Changes the words "the Act" to "this 82 19 chapter", in newborn infant custody release procedures to 82 20 conform that portion of the procedures to the other provisions 82 21 within the same Code section. 82 22 Code section 235B.16. Adds a reference to Code section 82 23 232.69, to clarify language describing combined requirements 82 24 for reporters of child and dependent adult abuse. Code 82 25 section 232.69 specifies the training required for mandatory 82 26 reporters of child abuse. This change is consistent with 82 27 other language in this section which addresses the combined 82 28 training requirements. 82 29 Code section 236.3. Changes "petitioner" to "plaintiff", 82 30 and "plaintiff's filing" fees to fees "for the filing of the 82 31 petition" in matters relating to commencement of domestic 82 32 abuse actions. The person filing the petition in this Code 82 33 section is referred to as the "plaintiff" and is not required 82 34 to pay fees for the filing of the petition. 82 35 Code section 263A.2. Adds the words "and approval of the 83 1 governor" which requires the state board of regents to seek 83 2 approval of the governor after authorization by a 83 3 constitutional majority of the general assembly to undertake 83 4 and carry out certain projects. This conforms the language 83 5 with the language in Code section 262A.4, which relates to 83 6 similar projects. 83 7 Code section 294A.14. Adds a reference to Code section 83 8 256.7, subsection 21, to a paragraph that describes 83 9 comprehensive school transformation activities. The paragraph 83 10 previously contained a reference to Code section 280.18, which 83 11 was repealed by 2001 Acts, chapter 159, section 18, and Code 83 12 section 256.7, subsection 21, is the provision which is used 83 13 to enumerate requirements relating to student achievement 83 14 goals. 83 15 Code section 303.2. Replaces the word "department" with 83 16 the word "commission" in language relating to the agency with 83 17 which the department of cultural affairs is to coordinate 83 18 activities regarding the battle flag collection. The 83 19 department of veterans affairs is a federal agency. The 83 20 commission of veterans affairs is a state agency. 83 21 Code sections 309.1 and 309.75. Repeals definitions in 83 22 Code section 309.75 and moves the definitions of "bridge" and 83 23 "culvert" to Code section 309.1, placing the definitions for 83 24 the chapter in one Code section. 83 25 Code section 309.41. Adds a citation to Code section 83 26 309.40A regarding optional advertisement and letting of 83 27 contracts for construction of secondary roads. Code section 83 28 309.40A contains an additional exception to the public bid 83 29 requirements in Code section 309.41. 83 30 Code section 309.75. Strikes a set of definitions for the 83 31 terms "bridge" and "culvert". These definitions are reenacted 83 32 in another portion of this Act as new sections in another 83 33 definitions section, Code section 309.1, in this same Code 83 34 chapter. This combines all of the generally applicable 83 35 definitions for Code chapter 309 into a single Code section. 84 1 Code section 321.34. Adds a comma in provisions relating 84 2 to the issuance of special armed forces services plates, 84 3 clarifying that the conditions specified are conditions for 84 4 eligibility to request the plates and do not determine whether 84 5 or not payment of the $15 fee is required. This comports with 84 6 the language immediately following the enumeration of the 84 7 conditions. 84 8 Code sections 321.46 and 321.49. Changes the term 84 9 "manufactured home retailer" to "manufactured or mobile home 84 10 retailer" to conform with similar terminology changes made in 84 11 2001 Acts, chapter 153. 84 12 Code section 321.56. Changes the words "under the 84 13 following circumstances" to "if all of the following 84 14 circumstances apply" to clarify that all of the circumstances 84 15 must be met in order for an out-of-state commercial motor 84 16 vehicle to be allowed to travel into this state without first 84 17 being registered. 84 18 Code section 321.104. Eliminates reference to a 84 19 requirement previously in Code section 321.45, subsection 4, 84 20 which was repealed by 1996 Acts, chapter 1152, } 26, and 84 21 related to the transfer of mobile or manufactured homes. The 84 22 word "dealer" is also changed to "manufactured or mobile home 84 23 retailer" to conform with similar terminology changes made in 84 24 2001 Acts, chapter 153. 84 25 Code section 321.445. Strikes an obsolete reference to the 84 26 six-month period from July 1, 1986, through December 1, 1986, 84 27 during which period peace officers were to issue only warning 84 28 citations for violations of seat belt and safety harness usage 84 29 requirements. 84 30 Code section 336.16. Changes "county or city auditor" to 84 31 "county auditor or city clerk". The election functions for a 84 32 city are performed by the city clerk. 84 33 Code section 384.84A. Adds the words "is filed" to 84 34 language relating to a petition asking that the question of 84 35 issuing bonds for stormwater drainage construction be 85 1 submitted to the registered voters of a city. For similar 85 2 usage, see Code section 422B.12(4)(a). 85 3 Code section 422A.2. Adds the words "is filed" to language 85 4 relating to a petition asking that the question of issuance of 85 5 bonds secured by revenues derived from the local hotel and 85 6 motel tax be submitted to the registered voters of a city or 85 7 unincorporated area. For similar usage, see Code section 85 8 422B.12(4)(a). 85 9 Code section 426.6. Strikes the word "they" in language 85 10 relating to a list compiled by the county auditor of all 85 11 tracts of agricultural land for which a tax credit may be 85 12 claimed. This is consistent with references to the tax credit 85 13 which appear later in the same paragraph. 85 14 Code section 427.1. Adds an internal reference to 85 15 subsection 33, regarding Indian housing authority property, to 85 16 language regarding filing a claim for property tax exemption. 85 17 The insertion of the internal reference is due to the 85 18 reference to subsection 14 that is contained in subsection 33 85 19 of this Code section. The words "that Act" are replaced with 85 20 the words "chapter 17A" in reference to the Iowa 85 21 administrative procedure Act in subsection 16. 85 22 Code section 435.27. Changes the term "manufactured home 85 23 retailer's" to "manufactured or mobile home retailer's" to 85 24 comport with similar changes made in 2001 Acts, chapter 153. 85 25 Code section 437A.3. The word "acquired" is added in 85 26 language in subsection 17 describing acquisitions which 85 27 constitute a "major addition" for purposes of taxation of 85 28 electricity and natural gas providers. This is consistent 85 29 with the lead-in language of this subsection. 85 30 Code section 453A.42. Conforms the use of the language 85 31 describing sweepings of tobacco in the definition of "tobacco 85 32 product" to the language in the definition of the same term in 85 33 Code section 453A.1, subsection 26. 85 34 Code section 455B.473. Strikes the words "It shall also be 85 35 unlawful to" and adds the words "A person shall not" relating 86 1 to prohibitions against depositing a regulated substance in an 86 2 underground storage tank under certain circumstances. 86 3 Code section 455B.484. Subsections 10, 12, and 13 of this 86 4 section are stricken as they involved one-time activities that 86 5 have been completed. 86 6 Code section 476.27. Corrects a reference to successors in 86 7 interest of a railroad corporation in the definition of 86 8 "railroad right-of-way" in this provision relating to public 86 9 utility crossings and railway property. 86 10 Code section 483A.7. The sentence containing a reference 86 11 to Code section 481A.38, requiring a drawing for nonresident 86 12 hunting licenses, is stricken. Code section 481A.38 was 86 13 amended by 2001 Acts, chapter 134, section 1, to eliminate the 86 14 drawing requirement and now authorizes the commission to adopt 86 15 procedures, by rule, to issue the licenses. 86 16 Code section 483A.8. The sentence containing a reference 86 17 to Code section 481A.38, requiring a drawing for nonresident 86 18 hunting licenses, is stricken. Code section 481A.38 was 86 19 amended by 2001 Acts, chapter 134, section 1, to eliminate the 86 20 drawing requirement and now authorizes the commission to adopt 86 21 procedures, by rule, to issue the licenses. Also, an 86 22 additional reference to "the drawing" is stricken, and 86 23 language is added to clarify the rights of a nonresident 86 24 owning land in this state to apply for deer hunting licenses. 86 25 Code section 502.612. Repeals an obsolete transition 86 26 provision that was enacted to deal with proceedings which were 86 27 pending when the 1974 revisions to the uniform securities act, 86 28 chapter 502, were enacted. The 1974 revisions were contained 86 29 in the 1974 Iowa Acts, chapter 1239. 86 30 Code sections 513C.5, 513C.10, and 513C.11 are amended to 86 31 change references to the individual health benefit reinsurance 86 32 association board to the comprehensive health insurance 86 33 association board established in Code section 514E.2. The 86 34 individual health benefit reinsurance association board was 86 35 eliminated in 2001 Acts, chapter 125. 87 1 Code section 514A.3. Strikes references to Code section 87 2 507B.4, subsections 12 and 13, Code 1979, which were stricken 87 3 in 1980 Acts, chapter 1015, section 61. 87 4 Code section 514J.5. Adds the words "from the date of 87 5 receipt" to clarify the beginning of a time period for 87 6 contesting a certification for external review decision by the 87 7 insurance commissioner. Also adds the words "of the date of 87 8 the request" to clarify the beginning of a time period during 87 9 which the commissioner shall notify an enrollee or the 87 10 enrollee's treating health care provider of the reasons for 87 11 refusal of a request for external review. Also adds the word 87 12 "promptly" after the word "notify" in language regarding the 87 13 commissioner's obligation to notify the carrier or organized 87 14 delivery system of the reasons for upholding a certificate for 87 15 external review. 87 16 Code section 514J.7. Adds "in writing" to specify how 87 17 notification to an enrollee of the means to contact an 87 18 independent review entity and of the right to submit 87 19 additional information. Adds a requirement that a notice 87 20 regarding an external review sent by an independent review 87 21 entity be sent to an insurance carrier, in addition to the 87 22 enrollee. Corrects grammar by striking the word "of" and 87 23 adding the word "containing" in language describing the 87 24 contents of a notice, clarifies that the carrier is also to 87 25 receive the notice, and strikes the word "reasonably", adding 87 26 instead, "it is reasonable" in language relating to what an 87 27 independent review entity may consider when conducting an 87 28 external review of a health care coverage decision. 87 29 Code sections 518A.41 and 518A.43. The words "agent" and 87 30 "such agent" are stricken, and the words "insurance producer" 87 31 and "an insurance producer" are added, to reflect the change 87 32 implemented in 2001 Acts, chapter 16. 87 33 Code section 522B.1. Strikes the word "licensed" and adds 87 34 the word "regulated" to the definition of "insurer"; the 87 35 definition of "license" relates to insurance producers, and 88 1 states that the holding of a license does not create authority 88 2 to represent the insurer. Also, strikes the word "authorized" 88 3 and inserts the word "licensed" in the definition of "limited 88 4 lines products", as the person involved would be an insurance 88 5 producer, thus licensed. 88 6 Code section 522B.3. Adds the word "or" in a series 88 7 describing the types of activities that may be performed 88 8 without an insurance producers license. 88 9 Code section 522B.6. Adds the words "legal name or" to the 88 10 notice requirements that must be performed by insurance 88 11 licensees within 30 days of a change. The subsection 88 12 currently provides a penalty for failure to timely inform the 88 13 commissioner of a change in legal name. 88 14 Code section 523A.102. Adds the words "funeral services" 88 15 to the definition of items for which a burial account may be 88 16 used. Funeral services are mentioned throughout the chapter 88 17 as being a potential item which may be paid for with funds 88 18 from a burial account. 88 19 Code section 523A.202. Adds the words "or the seller" to 88 20 language in subsection 2 regarding funds required to be 88 21 deposited in an interest-bearing burial account. This 88 22 comports with the scenario described in subsection 1 of this 88 23 same Code section. 88 24 Code sections 523A.302 and 523A.601. Strike the word 88 25 "funeral" and insert "mortuary science" as it relates to 88 26 services identified as subject to a preneed trust fund or 88 27 purchase agreement for merchandise and services related to 88 28 death. Also, strike the words "chapter 156" and insert the 88 29 citation "section 156.1". The term "funeral services" is not 88 30 defined in Code chapter 156, but mortuary science is. The 88 31 appropriate term to refer to the various funeral arrangements 88 32 and services is "mortuary science". 88 33 Code section 523A.402. Adds the words "to the 88 34 establishment" to language regarding the irrevocable 88 35 assignment of burial trust funds. 89 1 Code sections 523A.501 and 523A.502. Delete language 89 2 regarding grant or denial of an application for a permit to 89 3 operate and a sales permit for an establishment which sells 89 4 preneed cemetery merchandise, funeral merchandise, funeral 89 5 services or a combination of these, within 30 days, stating 89 6 the commissioner of insurance's failure to act shall not be 89 7 deemed approval of the application. Insert language 89 8 indicating specific circumstances regarding effectiveness of 89 9 the application at noon on the thirtieth day after a completed 89 10 application or an amendment is filed, if no denial order is in 89 11 effect and no proceeding is pending. 89 12 Code section 523A.901. Deletes the words "for at least" 89 13 and adds the word "within" to clarify language relating to the 89 14 statute of limitations and filing requirements for a petition 89 15 to be commenced against an establishment selling preneed 89 16 cemetery or funeral merchandise or services. Also deletes the 89 17 words "recording or" and adds the words "recorder of" to 89 18 correct a clerical error in language relating to the 89 19 constructive notice of the filing of a petition for 89 20 liquidation of an establishment in the county where real 89 21 property is located. Also deletes the word "of", and adds the 89 22 word "in" regarding summary jurisdiction of a proceeding by a 89 23 liquidator to hear and determine the rights of parties. 89 24 Code section 554.8106. Strikes a reference to paragraph 89 25 "b" to conform the provision to the changes made in the 89 26 section through the revised UCC article 9 model act by the 89 27 national conference of commissioners on uniform state laws. 89 28 Code section 554.9109. Rearranges citations to conform the 89 29 provision to the changes made in the section through the 89 30 revised UCC article 9 model act by the national conference of 89 31 commissioners on uniform state laws. The provisions on leases 89 32 are subject to the provisions of article 9 through the 89 33 provisions contained in Code section 554.9110. 89 34 Code section 554.9521. Changes the word "written record" 89 35 to "amendment" so that the substance of subsection 2 is not 90 1 just reflected in the subsection headnote. There are only two 90 2 types of documents that are filed with the secretary of 90 3 state's office under the revised article 9: initial financing 90 4 statements, which are dealt with under subsection 1; and 90 5 amendments, which come under this subsection. 90 6 Code section 554.9602. Corrects usage in a reference to 90 7 Code section 554.9607 in this provision which lists the rules 90 8 which govern the rights of debtors or obligors and duties of 90 9 secured parties. 90 10 Code section 579A.3. Strikes the word "foreclose" and 90 11 replaces it with "enforce" in language relating to the 90 12 enforcement of custom cattle feedlot liens. This is 90 13 consistent with similar enforcement provisions for 90 14 agricultural supply dealer's liens in Code chapter 570A and 90 15 for commodity production contract liens in Code chapter 579B. 90 16 Code section 579B.1. Strikes the word "or" in language 90 17 defining the term "personal representative" in the commodity 90 18 production contract lien chapter. This conforms this 90 19 definition to the definition of the same term which is 90 20 contained in the custom cattle feedlot lien chapter, Code 90 21 chapter 579A. Both terms were amended in 2001 Acts, chapter 90 22 25. 90 23 Code section 579B.3. Replaces the term "owner of the 90 24 commodity" with the term "contractor" in the commodity 90 25 production contract lien chapter. This provision describes 90 26 the relationship between the contract producer and the 90 27 contractor for purposes of article 9 of the uniform commercial 90 28 code, Code chapter 554. A "contractor" is defined in Code 90 29 chapter 579B as the owner of the commodity at the time that 90 30 the commodity is under the authority of the contract producer. 90 31 Code sections 633.231 and 633.304A. Conforms the language 90 32 of these two sections to the requirements of Code section 90 33 633.410, which is cited in both statutes. Code section 90 34 633.410 provides that claims, other than charges, against a 90 35 decedent's estate are forever barred unless filed with the 91 1 clerk within the later to occur of "four months after the date 91 2 of the second publication of the notice to creditors or one 91 3 month after service of notice by ordinary mail". 91 4 Code sections 633.304, 633.305, and 633.3109. Strikes the 91 5 words and figures ", subsection 1, 2, 3, or 4" as relates to 91 6 Code section 633.219 defining the term "heir" for purposes of 91 7 intestate succession. Two new classifications of persons were 91 8 added as possible "heirs" under the intestacy statute in 1995 91 9 and 2000, but, although those individuals would have rights in 91 10 an estate or trust proceeding, these notice provisions were 91 11 apparently overlooked at the time of the additions. Removing 91 12 the Code subsection references will eliminate the issue. 91 13 Code sections 726.3 and 726.6. Strikes the word "or" and 91 14 adds the words "and any" to language regarding persons who may 91 15 not be charged with neglect or abandonment of a dependent 91 16 person. 91 17 Code section 902.3A. Strikes the word "or" and adds the 91 18 word "and" to language regarding the procedures for violations 91 19 of parole or work release under Code chapters 905 and 908, and 91 20 rules adopted under those Code chapters. 91 21 2001 Iowa Acts, chapter 55, section 7. Strikes the word 91 22 "must" and adds the word "shall" in Code section 542D.7, 91 23 subsection 3, paragraph "a", regarding maintenance of 91 24 competency for accounting practitioners. 91 25 2001 Iowa Acts, chapter 55, section 13. Adds the word 91 26 "otherwise" in language restricting who may use the title or 91 27 designation "accountant". 91 28 DIVISION II 91 29 The following statutory corrections were originally 91 30 contained in or as amendments to Senate File 106, during the 91 31 2001 Regular Session of the Seventy-ninth General Assembly. 91 32 Code section 10.1. Replaces references to Code chapter 486 91 33 with references to Code chapter 486A. Code chapter 486 was 91 34 repealed, and superseded by Code chapter 486A, effective 91 35 January 1, 2001, as a result of the passage of 1998 Acts, 92 1 chapter 1201. 92 2 Code section 13B.4. Adds the words "in juvenile 92 3 proceedings" to language describing the kinds of actions in 92 4 which the state public defender coordinates the legal 92 5 representation of indigents. Code sections 232.141, 815.9, 92 6 and 815.10 provide for the appointment of the state public 92 7 defender's designee in juvenile matters. 92 8 Code section 13B.8. Corrects language relating to the 92 9 appointment and removal of local public defenders and local 92 10 public defender office staff by clarifying that the removals, 92 11 and not also the appointments, are for cause. 92 12 Code section 14B.101. Adds a definition of the term 92 13 "department" to the Code chapter relating to the information 92 14 technology department. Although the Code chapter contains 92 15 many references to the term "department", the term was never 92 16 defined. 92 17 Code section 14B.105. Corrects language relating to the 92 18 appointment of the members to the information technology 92 19 council. Not all of the members, or potential members, listed 92 20 in Code section 14B.105, subsection 1, paragraph "a", 92 21 subparagraphs (3) through (7), are appointed by the governor. 92 22 The provision is effective upon enactment and is retroactively 92 23 applicable to April 25, 2000. 92 24 Code section 15E.195. Replaces "the effective date of this 92 25 Act" with "July 1, 1998". The language that is codified at 92 26 subsection 2 of this Code section was enacted in section 12 of 92 27 1998 Acts, chapter 1175, which was effective July 1, 1998, 92 28 under Code section 3.7, subsection 1. 92 29 Code section 29A.17. Corrects language relating to the 92 30 adjutants general and the appointment of aides in the military 92 31 staff of the governor. Updates to the language of this Code 92 32 section made in 2000 Acts, chapter 1020, changed the 92 33 application of the residency requirement and power of the 92 34 governor to appoint additional staff. 92 35 Code section 29A.66. Changes the word "the" to "those" to 93 1 clarify that it is the powers and duties of the governor, the 93 2 adjutant general, and the deputy adjutants general that are to 93 3 be the same for the national guard as the powers and duties 93 4 are for the Iowa state guard. 2000 Acts, chapter 1020, 93 5 changed the word "such" to the present word "the". 93 6 Code section 48A.31. Corrects a reference to the bureau of 93 7 vital records in a provision relating to the transmission by 93 8 the state registrar of vital statistics to the state registrar 93 9 of voters of a list of all persons 17 and one-half years of 93 10 age and older whose deaths have been reported to the bureau. 93 11 Code section 56.2. Strikes language in the definition of 93 12 the term "express advocacy" which was held unconstitutional by 93 13 the federal Eighth Circuit Court in Iowa Right to Life v. Kay 93 14 Williams et al., Case No. 98-4078. 93 15 Code section 56.14. Strikes a prohibition relating to the 93 16 placement of political yard signs which was held 93 17 unconstitutional in Whitton v. City of Gladstone, 54 F.3d 1400 93 18 (8th Cir., 1995). 93 19 Code section 97B.50A. Changes the word "twenty-five" to 93 20 "the applicable years of service" in language relating to 93 21 eligibility of special service members for disability benefits 93 22 under the Iowa public employees' retirement system. Language 93 23 in Code section 97B.49B, which had previously set the years of 93 24 service level at 25 years, was amended in 2000 Acts, chapter 93 25 1077, and the years of service language was changed to depend 93 26 on when the service member retired. 93 27 Code section 101.22. Strikes the word "a" and adds the 93 28 words "an annual" before the words "fee of ten dollars" to 93 29 coincide with language in the last sentence of the subsection 93 30 that refers to the "annual renewal fee". 93 31 Code section 123.39. Changes the words "the chapter" to 93 32 "this chapter" in language relating to the suspension, 93 33 revocation, or imposition of a civil penalty against certain 93 34 licensees under the alcoholic beverages chapter. 93 35 Code section 135.43. Changes a reference to the division 94 1 of vital records to the bureau of vital records in language 94 2 relating to persons on the child death review team. This 94 3 corrects the name of that bureau and conforms the language to 94 4 a very similar provision in Code section 135.109. Corrects 94 5 language in provisions relating to the confidentiality of 94 6 records and information produced for the child death review 94 7 team. Nearly identical language is contained in a similar 94 8 kind of provision, Code section 135.111, which pertains to the 94 9 disclosure of confidential records and information to the 94 10 domestic abuse death review team. 94 11 Code section 135.110. Adds the words "or convicted" to 94 12 language relating to the investigations of the relationships 94 13 between decedent victims and the perpetrators in domestic 94 14 abuse death cases. "Domestic abuse death" is defined under 94 15 Code section 135.108 as including deaths caused by either 94 16 alleged or convicted perpetrators. 94 17 Code section 137C.7. Strikes obsolete language that 94 18 related to hotel licenses that were issued and inspections 94 19 that were conducted by the department of agriculture and land 94 20 stewardship prior to January 1, 1979. The licenses expire one 94 21 year from the date of issue and those licensing and inspection 94 22 functions are now performed by the department of inspections 94 23 and appeals. 94 24 Code section 139A.10. Strikes the words "by the 94 25 magistrate" from language relating to compensation of officers 94 26 designated to forcibly remove and isolate or quarantine a 94 27 person infected with a dangerous communicable disease. This 94 28 provision was previously contained in former Code section 94 29 139.13 and referred, prior to 1967, to a procedure that was at 94 30 that time contained in Code chapter 137. In 1967 Acts, 94 31 chapter 163, section 26, the procedure for applying to the 94 32 magistrate for the appointment of these officers was 94 33 eliminated. The procedure is now handled through the local 94 34 board of health. 94 35 Code section 139A.30. Changes the word "chapter" to 95 1 "subchapter" in language relating to the confidentiality of 95 2 reports which include the identity of persons infected with a 95 3 sexually transmitted disease or infection. The language from 95 4 this Code section previously was contained in former Code 95 5 section 140.3. The provision applied to the contents of that 95 6 chapter, which is now contained in subchapter II of Code 95 7 chapter 139A. 95 8 Code section 161.2. Adds the words "are located" to 95 9 language contained in subsection 9, defining what constitutes 95 10 a fertilizer site in the agrichemical remediation chapter. 95 11 This is consistent with the manner in which another definition 95 12 of "pesticide site" is constructed. Subsection 14 is 95 13 stricken. That term is not defined in Code section 455B.602. 95 14 Corrects the use of the name of the agrichemical remediation 95 15 board in the definition of the term "board" in the 95 16 agrichemical remediation chapter. This conforms the name to 95 17 the name as given in Code section 161.3, which is referenced 95 18 in the definition of the term "board". 95 19 Code section 161.6. Strikes the word "remediation" and 95 20 inserts the words "site cleanup" in language relating to the 95 21 classification and prioritization of contaminated agrichemical 95 22 sites. The term "active site cleanup" is defined for purposes 95 23 of that chapter, whereas "active remediation" is not defined. 95 24 Code section 161.8. Strikes the words "prohibited 95 25 release", which is not defined in Code section 455B.602, and 95 26 replaces it with the word "contamination". The latter term is 95 27 used throughout these provisions, is defined, and appears to 95 28 accomplish the same purpose as the stricken language. 95 29 Code section 166D.7. Moves the words "each month" from 95 30 language relating to standards which must be met for the 95 31 recertification to occur to language describing what must be 95 32 done for a swine herd to be certified as free from 95 33 pseudorabies infection. 95 34 Code section 166D.10. Corrects an incorrect citation to 95 35 Code section 166D.9 to reflect the correct citation of Code 96 1 section 166D.10A in a provision in the pseudorabies chapter 96 2 which describes the inspection and other requirements which 96 3 apply to the movement of swine. 96 4 Code section 166D.10B. Changes the word "swine" to "pigs" 96 5 in the term "feeder swine". This Code section relates to what 96 6 swine can be maintained at approved premises and refers in the 96 7 balance of the Code section to "feeder pigs" and "cull swine" 96 8 as the kinds of swine that may be maintained at that location. 96 9 Code section 183A.7. Eliminates a reference to the 96 10 national livestock and meat board and the pork industry group, 96 11 in language relating to distribution of funds from the 96 12 assessment on pork producers to various agriculture industry 96 13 organizations. The national livestock and meat board and the 96 14 pork industry group never were established as an entity. 96 15 Code section 202A.1. Strikes, from the definition of the 96 16 term "packer" in the Code chapter relating to livestock 96 17 marketing practices, a sentence excluding frozen food locker 96 18 plants from that definition. Code chapter 172 was stricken 96 19 from the Code by 2000 Acts, chapter 1100, section 2. 96 20 Code section 207.22. Adds a federal public law number 96 21 cite, to Pub. L. No. 95-87, to the reference to title IV in 96 22 the Code chapter pertaining to coal mining. Title IV is also 96 23 referenced in Code section 207.21, in conjunction with this 96 24 public law number, and those references indicate that this 96 25 public law contains that particular title. 96 26 Code sections 216A.102 and 476.66. Correct the name in two 96 27 references to the low-income home energy assistance program, 96 28 which is a federal energy assistance program referenced in 96 29 Code sections 216A.101, 216A.103, 476.20, and 476.51. 96 30 Obsolete language relating to bringing existing utilities 96 31 compliance with the customer contribution fund requirements is 96 32 also deleted in subsection 7 of Code section 476.66. 96 33 Code section 232.141. Changes the word "made" to "paid" 96 34 and corrects an internal reference in language describing the 96 35 compensation of court-appointed attorneys in juvenile matters. 97 1 The first change is consistent with other language within the 97 2 subsection. The language which provides for the calculation 97 3 of the county's base cost is found in paragraph "b" of 97 4 subsection 3 in this Code section. 97 5 Code section 256D.1. Changes the word "comprehensive" to 97 6 "comprehension" in language describing the types of accuracy 97 7 and fluency skills for which the department of education is to 97 8 identify diagnostic assessment tools as part of the Iowa early 97 9 intervention block grant program. This change is consistent 97 10 with other language found in Code section 256D.2. 97 11 Code section 272C.3. Adds a reference to Code section 97 12 455B.219 to correspond to the correction made in Code section 97 13 272C.4 in this Act. 97 14 Code section 272C.4. Changes a citation to Code section 97 15 455B.191 to a citation to Code section 455B.219. Code section 97 16 272C.1, subsection 6, paragraph "x", refers to the director of 97 17 the department of natural resources in certifying water 97 18 treatment operators under Code sections 455B.211 through 97 19 455B.224. 97 20 Code section 303.86. Conforms the name of the Iowa state 97 21 arts council, by striking the word "state", to that name as it 97 22 is found in Code sections 303.1 and 303.8. 97 23 Code section 321.219. Strikes the words "section or in 97 24 violation of this" from this provision which prohibits persons 97 25 from allowing unauthorized minors to drive. The Code section 97 26 does not authorize minors to drive. 97 27 Code section 321.279. Adds the words "or by flashing red 97 28 and blue lights" to the provision which describes the warning 97 29 signal which, when given by a peace officer and not obeyed, 97 30 constitutes the offense of eluding a law enforcement vehicle. 97 31 Peace officer vehicles were permitted to be equipped with blue 97 32 lights in addition to red lights by 2000 Acts, chapter 1045, 97 33 sections 2 and 3. 97 34 Code section 321.560. Changes the word "or" to "and" in 97 35 language which describes the combination of offenses for which 98 1 a temporary restricted permit may be issued to a person 98 2 declared to be a habitual offender of the motor vehicle laws. 98 3 Code section 321J.17. Adds language regarding licensed 98 4 substance abuse treatment providers to language relating to 98 5 drinking driver courses that are provided by community 98 6 colleges. In 2000 Acts, chapter 1138, licensed substance 98 7 abuse treatment providers were also authorized to provide 98 8 these courses. 98 9 Code section 322C.2. Strikes the definitions of the terms 98 10 "distributor's representative" and "manufacturer's 98 11 representative" from the Code chapter relating to travel 98 12 trailer dealers, manufacturers, and distributors. Those terms 98 13 are no longer used in this Code chapter as the result of the 98 14 passage of 2000 Acts, chapters 1016 and 1154. 98 15 Code sections 331.424A and 331.424B. Strikes, in 98 16 provisions relating to tax levies for the county mental 98 17 health, mental retardation, and developmental disabilities 98 18 services fund and for cemeteries, references to Code sections 98 19 444.25B and 444.25A and 444.25B, respectively. Code sections 98 20 444.25A and 444.25B contain obsolete property tax limitations 98 21 applicable to the 1996, 1997, and 1998 tax years and are also 98 22 repealed, for that reason, in this bill. 98 23 Code sections 331.756, 910.1, 910.2, 910.3, and 910.9. 98 24 Conforms references to court-appointed attorney fees and the 98 25 expenses of a public defender to the changes that were made in 98 26 2000 Acts, chapter 1115, section 9, in the same type of 98 27 language as in Code section 910.2. 98 28 Code sections 403.6 and 403.17. Strikes the word "city" in 98 29 the urban renewal chapter. In Code section 403.6, it is 98 30 replaced with the word "municipal". In Code section 403.17, 98 31 it is replaced with the word "municipality". Code chapter 403 98 32 was made applicable to counties in 1991, with the passage of 98 33 1991 Acts, chapter 214. 98 34 Code section 404A.3. Changes the term "certificate of 98 35 appropriation" to "certificate of appropriateness" in the 99 1 provision which describes the standards which are to be 99 2 followed in the establishment of criteria and standards by the 99 3 state historic preservation office for rehabilitation 99 4 projects. A procedure for issuance of certificates of 99 5 appropriateness for historical preservation districts may be 99 6 found in Code sections 303.27 through 303.30. 99 7 Code section 422.4. Deletes an obsolete provision in the 99 8 income, sales, services, and franchise chapter that relates to 99 9 the calculation of the standard deduction factor for the 1989 99 10 calendar year. 99 11 Code section 422.45. Obsolete applicability language 99 12 referring to payments made on or after July 1, 1984, which is 99 13 contained in subsection 24, unnumbered paragraph 2, is 99 14 stricken. 99 15 Code section 422.52. Replaces the words "state treasurer" 99 16 and "treasurer" with the word "department". The department of 99 17 revenue and finance now performs this collection of and 99 18 transfer of revenue from the tax on sales of motor vehicle 99 19 fuel. 99 20 Code section 422B.1. Moves the phrase "of the result of 99 21 the election" after the words "written notice". The "abstract 99 22 of votes" language was added in 1999 with the passage of 1999 99 23 Acts, chapter 156. The abstract of votes is the result of the 99 24 election. 99 25 Code section 426B.1. Deletes obsolete language relating to 99 26 appropriations made for property tax relief for the fiscal 99 27 years beginning July 1, 1995, and July 1, 1996. 99 28 Code section 427.2A. Strikes obsolete language relating to 99 29 certain taxes paid during the period beginning July 1, 1992, 99 30 and ending June 30, 1997. 99 31 Code section 432.1. Adds the word "insurance" between the 99 32 words "county mutual" and "associations" so that the term 99 33 refers to county mutual insurance associations. Code chapter 99 34 518, a section of which is referenced in this paragraph, 99 35 relates to the regulation of county mutual insurance 100 1 associations. 100 2 Code sections 444.25A, 444.25B, 444.26, and 444.27. 100 3 Repeals obsolete provisions that relate to property tax 100 4 limitations for the 1996 and 1997 fiscal years. 100 5 Code section 455B.190A. Strikes references to the well 100 6 contractor's council, which has been disbanded. 100 7 Code section 455B.601. Corrects a reference to the 100 8 agrichemical remediation board. 100 9 Code section 455E.11. Changes a Code section reference 100 10 from Code section 139A.31 to Code section 139A.21. This Code 100 11 section was amended by 2000 Acts, chapter 1066, section 47, 100 12 and this change conforms the Code section citations in this 100 13 subparagraph to the changes made in sections 46, 48, and 49 of 100 14 that same 2000 Act. 100 15 Code section 486A.1102. Changes a reference to the agent 100 16 of a foreign limited liability company to a reference to the 100 17 agent of a foreign limited liability partnership contained in 100 18 the uniform partnership Act. 100 19 Code section 511.8. The word "that" is substituted for the 100 20 word "this" in language relating to financial instruments used 100 21 in hedging transactions by certain insurers. This change is 100 22 consistent with language contained in paragraphs "c" and "e" 100 23 of the same subsection. 100 24 Code section 514.3. Adds the words "those articles and 100 25 amendments" after the words "endorsed on or annexed to" in 100 26 language relating to how the approval of the commissioner is 100 27 to be attached to articles of incorporation and any amendments 100 28 which are filed with the commissioner of insurance. 100 29 Code section 515.24. Adds the word "insurance" between the 100 30 words "county mutual" and "associations" in provisions 100 31 relating to the payment of tax on the gross amount of 100 32 reinsurance premiums received for the reinsurance of windstorm 100 33 or hail risks written by county mutual insurance associations. 100 34 Code section 515F.3. Changes a reference to Code chapter 100 35 518A to Code chapter 518. The provisions relating to the 101 1 regulation of county mutual insurance associations are found 101 2 in Code chapter 518. 101 3 Code section 518.17. Adds the word "insurance" between the 101 4 words "state mutual" and "association". State mutual 101 5 insurance associations are regulated under Code chapter 518A. 101 6 Code sections 536A.12 and 536A.30. Conform references to 101 7 the annual license fee to the correct amount of $250. The 101 8 license fee relating to the making of industrial loans was 101 9 changed in 1989, with the passage of 1989 Acts, chapter 234. 101 10 Code section 537A.10. Changes the words "less than fifty 101 11 percent" to "fifty percent or less" to cover transfer of 101 12 franchise situations in which ownership in the business was 101 13 exactly 50 percent. This is consistent with language found in 101 14 paragraph "g" of subsection 5 of this Code section. 101 15 Code section 543D.2. Updates the definition of the term 101 16 "associate appraiser" to the term "real property appraiser 101 17 trainee" in the Code chapter pertaining to real estate 101 18 appraisals and appraisers. 101 19 Code section 543D.7. Deletes the words "in writing" from 101 20 the first subsection and deletes the second subsection. 101 21 Applications have to be submitted on forms approved by the 101 22 real estate appraiser board. Subsection 2 referred to the 101 23 issuance of interim annual certificates until final rules to 101 24 implement the chapter were adopted. The Code chapter was 101 25 enacted in 1989 and final rules are in place. 101 26 Code section 543D.15. Changes the term "associate 101 27 appraiser" to "real estate property appraiser trainee" to 101 28 conform to the definition change made in Code section 543D.2. 101 29 Code section 543D.19. Changes the term "associate 101 30 appraiser" to "real estate property appraiser trainee" to 101 31 conform to the definition change made in Code section 543D.2. 101 32 Also changes the length of time for retention of records from 101 33 three to five years to conform to federal requirements which 101 34 apply to all real estate appraisers in Iowa. 101 35 Code section 554D.120. Strikes references to the division 102 1 of information technology services of the department of 102 2 general services in the uniform electronic transactions Act 102 3 and replaces them with references to the information 102 4 technology department. The information technology department 102 5 assumed the duties of the information technology services 102 6 division of the department of general services with the 102 7 passage of 2000 Acts, chapter 1141. 102 8 Code section 595.13. Corrects and conforms language 102 9 relating to the attestation of marriage and return of the 102 10 certificate by the officiating minister or magistrate to 102 11 language contained in Code section 144.36. 102 12 Code section 633.568. Conforms the notice provisions for 102 13 the opening of conservatorships to the notice provisions for 102 14 the opening of guardianships, contained in Code section 102 15 633.554. The court procedures for both proceedings are 102 16 otherwise virtually identical and interested parties are also 102 17 virtually the same parties. 102 18 Code section 692A.7. Corrects language relating to the 102 19 consequences for violations of certain sex offender registry 102 20 requirements by persons on probation, parole, or other form of 102 21 release. 102 22 Code section 692A.13. Substitutes the words "July 1, 1999" 102 23 for "the effective date of this Act" in language relating to 102 24 electronic access to sex offender registry information. 102 25 Language relating to electronic access to this information 102 26 first appeared in this Code section as a result of the passage 102 27 of 1998 Acts, chapter 1168, but was stricken and rewritten in 102 28 1999 Acts, chapter 112. Language relating to information 102 29 received prior to July 1, 1999, was added in subparagraph (2) 102 30 of subsection 3, paragraph "c". 102 31 Code section 714.16. Changes the word "or" to "of" in 102 32 language relating to misrepresentation of a business name by a 102 33 supplier of a service or product in a local telephone 102 34 directory or directory assistance database. This change is 102 35 consistent with the language of the balance of the provision 103 1 and is consistent with background materials used in 103 2 preparation of the original legislation. 103 3 2000 Iowa Acts, chapter 1148. Redrafts a portion of this 103 4 Act to omit redundant language in the new definition that was 103 5 added to the listed Code definition sections. 103 6 2000 Iowa Acts, chapter 1228. Corrects a reference to the 103 7 prevention of disabilities policy council in language relating 103 8 to submission of a report by that council concerning council 103 9 activities and duties. 103 10 DIVISION III 103 11 This division contains effective and retroactive 103 12 applicability provisions which relate to and are explained in 103 13 division II. 103 14 LSB 6037SC 79 103 15 lh/cf/24
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