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Bills and Amendments: General Index     Bill History: General Index

House File 171

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 171
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO NONSUBSTANTIVE CODE CORRECTIONS AND INCLUDING
  1  5    EFFECTIVE AND RETROACTIVE APPLICABILITY DATE PROVISIONS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 9H.1, subsection 25, paragraph a, Code
  1 10 2003, is amended to read as follows:
  1 11    a.  Corporations organized under the provisions of chapter
  1 12 504, Code 1989, or chapter 504A; or
  1 13    Sec. 2.  Section 9H.1, subsection 33, Code 2003, is amended
  1 14 to read as follows:
  1 15    33.  "Testamentary trust" means a trust created by devising
  1 16 or bequeathing property in trust in a will as such terms are
  1 17 used in the Iowa probate code as provided in chapter 633.
  1 18 Testamentary trust includes a revocable trust that has not
  1 19 been revoked prior to the grantor's death.
  1 20    Sec. 3.  Section 9H.4, subsection 2, paragraph c,
  1 21 subparagraph (1), Code 2003, is amended to read as follows:
  1 22    (1)  The corporation or limited liability company must not
  1 23 hold the agricultural land other than as a lessee.  The term
  1 24 of the lease must be for not more than twelve years.  The
  1 25 corporation or limited liability company shall not renew a
  1 26 lease.  The corporation or limited liability company shall not
  1 27 enter into a lease under this paragraph, if the corporation or
  1 28 limited liability company has ever entered into another lease
  1 29 under this paragraph "c", whether or not the lease is in
  1 30 effect.  However, this subparagraph does not apply to a
  1 31 domestic corporation organized under chapter 504, Code 1989,
  1 32 or chapter 504A.
  1 33    Sec. 4.  Section 9H.4, subsection 2, paragraph c,
  1 34 subparagraph (4), Code 2003, is amended to read as follows:
  1 35    (4)  The corporation or limited liability company must
  2  1 deliver a copy of the lease to the secretary of state.  The
  2  2 secretary of state shall notify the lessee of receipt of the
  2  3 copy of the lease.  However, this subparagraph does not apply
  2  4 to a domestic corporation organized under chapter 504, Code
  2  5 1989, or chapter 504A.
  2  6    Sec. 5.  Section 9H.4, subsection 3, Code 2003, is amended
  2  7 to read as follows:
  2  8    3.  Agricultural land, including leasehold interests,
  2  9 acquired by a nonprofit corporation organized under the
  2 10 provisions of chapters 504, Code 1989, and 504A including land
  2 11 acquired and operated by or for a state university for
  2 12 research, experimental, demonstration, foundation seed
  2 13 increase or test purposes and land acquired and operated by or
  2 14 for nonprofit corporations organized specifically for
  2 15 research, experimental, demonstration, foundation seed
  2 16 increase or test purposes in support of or in conjunction with
  2 17 a state university.
  2 18    Sec. 6.  Section 10B.1, subsection 9, paragraph a, Code
  2 19 2003, is amended to read as follows:
  2 20    a.  A corporation organized under the provisions of former
  2 21 chapter 504, Code 1989, or chapter 504A.
  2 22    Sec. 7.  Section 15E.11, Code 2003, is amended to read as
  2 23 follows:
  2 24    15E.11  CORPORATION FOR RECEIVING AND DISBURSING FUNDS.
  2 25    The Iowa development commission is hereby authorized to
  2 26 form a corporation under the provisions of former chapter 504,
  2 27 Code 1989, for the purpose of receiving and disbursing funds
  2 28 from public or private sources to be used to further the
  2 29 overall development and well-being of the state.
  2 30    Sec. 8.  Section 15E.42, subsection 2, Code 2003, is
  2 31 amended to read as follows:
  2 32    2.  "Board" means the Iowa capital investment board, if
  2 33 created in House File 2078 as enacted by the Seventy-ninth
  2 34 General Assembly created in section 15E.63.
  2 35    Sec. 9.  Section 15E.111, subsection 8, Code 2003, is
  3  1 amended to read as follows:
  3  2    8.  The department of economic development and the office
  3  3 of renewable fuels and coproducts shall prepare a report each
  3  4 six months detailing the progress of the department and other
  3  5 agencies provided in this section.  The office of renewable
  3  6 fuels and coproducts, the department of natural resources, and
  3  7 Iowa state university may contribute a summary of their
  3  8 activities.  The report shall be delivered to the secretary of
  3  9 the senate and the chief clerk of the house; the legislative
  3 10 service bureau; the chairpersons and ranking members of the
  3 11 senate standing committee on agriculture; the senate standing
  3 12 committee on small business, economic development, and tourism
  3 13 growth; the house of representatives standing committee on
  3 14 agriculture; and the house of representatives standing
  3 15 committee on economic development growth.
  3 16    Sec. 10.  Section 18.80, Code 2003, is amended to read as
  3 17 follows:
  3 18    18.80  RESERVE SUPPLY.
  3 19    The superintendent state printing administrator shall
  3 20 designate, subject to the approval of the director, the number
  3 21 of copies of reports and publications to be held in reserve,
  3 22 and copies thus held in reserve shall be distributed only upon
  3 23 the written request of the head of the department, approved by
  3 24 the superintendent state printing administrator, and ordered
  3 25 by the director.
  3 26    Sec. 11.  Section 18.81, Code 2003, is amended to read as
  3 27 follows:
  3 28    18.81  UNUSED DOCUMENTS.
  3 29    The superintendent state printing administrator shall from
  3 30 time to time report to the director any documents in the
  3 31 superintendent's state printing administrator's custody deemed
  3 32 not needed and which have been printed five years or more, and
  3 33 if the report has the written approval of the head of the
  3 34 department from which the documents were issued, the director
  3 35 may condemn and order the documents sold, and the proceeds
  4  1 turned into the unappropriated funds of the state.  If a
  4  2 department no longer exists, approval by the head of the
  4  3 department shall not be required.  If the condemned documents
  4  4 cannot be sold the director may order them destroyed.
  4  5    Sec. 12.  Section 18.83, Code 2003, is amended to read as
  4  6 follows:
  4  7    18.83  INFORMATION AS TO DOCUMENTS.
  4  8    The superintendent state printing administrator shall
  4  9 advise the public of the publication of reports and documents
  4 10 and of the nature of the material therein, and give
  4 11 information as to the publications that are available for
  4 12 distribution and how to obtain them.
  4 13    Sec. 13.  Section 18.84, Code 2003, is amended to read as
  4 14 follows:
  4 15    18.84  MAILING LISTS.
  4 16    The superintendent state printing administrator shall
  4 17 require from officials or heads of departments mailing lists,
  4 18 or addressed labels or envelopes, for use in distribution of
  4 19 reports and documents.  The superintendent state printing
  4 20 administrator shall revise such lists, eliminating
  4 21 duplications and adding to the lists libraries, institutions,
  4 22 public officials, and persons having actual use for the
  4 23 material.  The superintendent state printing administrator
  4 24 shall arrange the lists so as to reduce to the minimum the
  4 25 postage or other cost for delivery.  Requests for publications
  4 26 shall be handled only upon receipt of postage by the
  4 27 superintendent state printing administrator from the
  4 28 requesting agency or department.
  4 29    Sec. 14.  Section 18.85, Code 2003, is amended to read as
  4 30 follows:
  4 31    18.85  COPIES TO DEPARTMENTS.
  4 32    The superintendent state printing administrator shall
  4 33 furnish the various officials and departments with copies of
  4 34 their reports needed for office use or to be distributed to
  4 35 persons requesting the reports.  Requests for publications
  5  1 shall be handled only upon receipt of postage by the
  5  2 superintendent state printing administrator.
  5  3    Sec. 15.  Section 18.86, Code 2003, is amended to read as
  5  4 follows:
  5  5    18.86  ASSEMBLY MEMBERS.
  5  6    The official reports, the miscellaneous documents and other
  5  7 publications upon request, and the completed journals of the
  5  8 general assembly and ten copies of the official register,
  5  9 shall be sent to each member of the general assembly, and, so
  5 10 far as they are available, additional copies upon their
  5 11 request.  Requests for publications shall be handled only upon
  5 12 receipt of postage by the superintendent state printing
  5 13 administrator.
  5 14    Sec. 16.  Section 18.88, Code 2003, is amended to read as
  5 15 follows:
  5 16    18.88  NEWSPAPERS.
  5 17    The journals of the general assembly and the official
  5 18 register shall be sent to each newspaper of general
  5 19 circulation in Iowa, and editors of newspapers in Iowa shall
  5 20 be entitled to other publications on request when they are
  5 21 available.  Requests for publications shall be handled only
  5 22 upon receipt of postage by the superintendent state printing
  5 23 administrator.
  5 24    Sec. 17.  Section 18.92, Code 2003, is amended to read as
  5 25 follows:
  5 26    18.92  GENERAL DISTRIBUTION.
  5 27    The superintendent state printing administrator may send
  5 28 additional copies of publications to other state officials,
  5 29 individuals, institutions, libraries, or societies that may
  5 30 request them.  Requests for publications shall be handled only
  5 31 upon receipt of postage by the superintendent state printing
  5 32 administrator.
  5 33    Sec. 18.  Section 18.102, Code 2003, is amended to read as
  5 34 follows:
  5 35    18.102  INDEX TO BILLS.
  6  1    The secretary of the senate and the chief clerk of the
  6  2 house shall throughout each legislative session compile and
  6  3 cause to be printed a cumulative bulletin of bills and joint
  6  4 resolutions which bulletin shall contain a brief history of
  6  5 each bill, and detailed information as to the status of
  6  6 legislation and shall be conveniently indexed.  The bulletin
  6  7 shall be printed and delivered one day before the mid-term
  6  8 midterm recess of each legislature and thereafter twenty-five
  6  9 days after the end of said the recess except as may otherwise
  6 10 be provided by the joint rules of the general assembly.  The
  6 11 last issue of each bulletin shall be brought down to the time
  6 12 of final adjournment and shall be promptly furnished to all
  6 13 members of the general assembly and to such others as the
  6 14 superintendent state printing administrator may determine.
  6 15    Sec. 19.  Section 18.103, Code 2003, is amended to read as
  6 16 follows:
  6 17    18.103  ENROLLING CLERKS TO KEEP RECORDS.
  6 18    The enrolling clerks of the senate and house shall, under
  6 19 the directions of the secretary of the senate and chief clerk
  6 20 of the house, respectively, keep a daily cumulative record of
  6 21 the information required in section 18.102 and in such manner
  6 22 that the same may be promptly furnished to the superintendent
  6 23 state printing administrator at the close of each week.
  6 24    Sec. 20.  Section 29A.90, subsection 3, Code 2003, is
  6 25 amended to read as follows:
  6 26    3.  "Military service" means full-time active state service
  6 27 or state active duty, as defined in section 29A.1, for a
  6 28 period of at least ninety consecutive days, commencing on or
  6 29 after the effective date of this division of this Act April
  6 30 22, 2002.
  6 31    Sec. 21.  Section 68B.39, unnumbered paragraph 1, Code
  6 32 2003, is amended to read as follows:
  6 33    The supreme court of this state shall prescribe rules by
  6 34 January 1, 1993, establishing a code of ethics for officials
  6 35 and employees of the judicial branch of this state, and the
  7  1 immediate family members of the officials and employees.
  7  2 Rules prescribed under this paragraph shall include provisions
  7  3 relating to the receipt or acceptance of gifts and honoraria,
  7  4 interests in public contracts, services against the state, and
  7  5 financial disclosure which are substantially similar to the
  7  6 requirements of this chapter.
  7  7    Sec. 22.  Section 70A.23, Code 2003, is amended to read as
  7  8 follows:
  7  9    70A.23  CREDIT FOR ACCRUED SICK LEAVE.
  7 10    When a state employee, excluding an employee covered under
  7 11 a collective bargaining agreement which provides otherwise,
  7 12 retires under a retirement system in the state maintained in
  7 13 whole or in part by public contributions or payments, the
  7 14 number of accrued days of active and banked sick leave of the
  7 15 employee shall be credited to the employee.  When an employee
  7 16 retires, is eligible, and has applied for benefits under a
  7 17 retirement system authorized under chapter 97A or 97B,
  7 18 including the teachers insurance and annuity association
  7 19 (TIAA) and the college association-college retirement equities
  7 20 fund (CREF) (TIAA-CREF), or an employee dies on or after July
  7 21 1, 1984, while the employee is in active employment but is
  7 22 eligible for retirement benefits under one of the listed
  7 23 chapters, the employee shall receive a cash payment for the
  7 24 employee's accumulated, unused sick leave in both the active
  7 25 and banked sick leave accounts, except when, in lieu of cash
  7 26 payment, payment is made for monthly premiums for health or
  7 27 life insurance or both as provided in a collective bargaining
  7 28 agreement negotiated under chapter 20.  An employee of the
  7 29 department of public safety or the department of natural
  7 30 resources who has earned benefits of payment of premiums under
  7 31 a collective bargaining agreement and who becomes a manager or
  7 32 supervisor and is no longer covered by the agreement shall not
  7 33 lose the benefits of payment of premium earned while covered
  7 34 by the agreement.  The payment shall be calculated by
  7 35 multiplying the number of hours of accumulated, unused sick
  8  1 leave by the employee's hourly rate of pay at the time of
  8  2 retirement.  However, the total cash payments for accumulated,
  8  3 unused sick leave shall not exceed two thousand dollars per
  8  4 employee and are payable upon retirement or death.  Banked
  8  5 sick leave is defined as accrued sick leave in excess of
  8  6 ninety days.
  8  7    Sec. 23.  Section 70A.30, unnumbered paragraph 2, Code
  8  8 2003, is amended to read as follows:
  8  9    The phased retirement incentive program is a retirement
  8 10 system for purposes of section 20.9, but is not retirement for
  8 11 purposes of chapter 97A, 97B, or 602 or for the employees who
  8 12 are members of the teachers insurance annuity association-
  8 13 college retirement equity equities fund (TIAA-CREF).
  8 14    Sec. 24.  Section 80.17, subsection 3, Code 2003, is
  8 15 amended to read as follows:
  8 16    3.  Division of criminal investigation and bureau of
  8 17 identification.
  8 18    Sec. 25.  Section 80A.4, subsection 4, Code 2003, is
  8 19 amended to read as follows:
  8 20    4.  The fingerprints required by subsection 1 may be
  8 21 submitted by the department to the federal bureau of
  8 22 investigation through the state central criminal history
  8 23 repository for the purpose of a national criminal history
  8 24 check.
  8 25    Sec. 26.  Section 80A.7, subsection 5, Code 2003, is
  8 26 amended to read as follows:
  8 27    5.  An application for an identification card shall include
  8 28 the submission of fingerprints of the person seeking the
  8 29 identification card, which fingerprints may be submitted to
  8 30 the federal bureau of investigation through the state central
  8 31 criminal history repository for the purpose of a national
  8 32 criminal history background check.  Fees associated with the
  8 33 processing of fingerprints shall be assessed to the employing
  8 34 licensee.
  8 35    Sec. 27.  Section 97B.66, unnumbered paragraph 1, Code
  9  1 2003, is amended to read as follows:
  9  2    A vested or retired member who was a member of the teachers
  9  3 insurance and annuity association college association-college
  9  4 retirement equity equities fund (TIAA-CREF) at any time
  9  5 between July 1, 1967, and June 30, 1971, and who became a
  9  6 member of the system on July 1, 1971, upon submitting
  9  7 verification of service and wages earned during the applicable
  9  8 period of service under the teachers insurance and annuity
  9  9 association college association-college retirement equities
  9 10 fund, may make employer and employee contributions to the
  9 11 system based upon the covered wages of the member and the
  9 12 covered wages and the contribution rates in effect for all or
  9 13 a portion of that period of service and receive credit for
  9 14 membership service under this system equivalent to the
  9 15 applicable period of membership service in the teachers
  9 16 insurance and annuity association college association-college
  9 17 retirement equities fund for which the contributions have been
  9 18 made.  In addition, a member making employer and employee
  9 19 contributions because of membership in the teachers insurance
  9 20 and annuity association college association-college retirement
  9 21 equities fund under this section who was a member of the
  9 22 system on June 30, 1967, and withdrew the member's accumulated
  9 23 contributions because of membership on July 1, 1967, in the
  9 24 teachers insurance and annuity association college
  9 25 association-college retirement equities fund, may make
  9 26 employee contributions to the system for all or a portion of
  9 27 the period of service under the system prior to July 1, 1967.
  9 28 A member making contributions pursuant to this section may
  9 29 make the contributions either for the entire applicable period
  9 30 of service, or for portions of the period of service, and if
  9 31 contributions are made for portions of the period of service,
  9 32 the contributions shall be in increments of one or more
  9 33 calendar quarters.
  9 34    Sec. 28.  Section 97B.73, subsection 1, paragraph a, Code
  9 35 2003, is amended to read as follows:
 10  1    a.  A vested or retired member who has one or more full
 10  2 calendar years of covered wages who was in public employment
 10  3 comparable to employment covered under this chapter in another
 10  4 state or in the federal government, or who was a member of
 10  5 another public retirement system in this state, including but
 10  6 not limited to the teachers insurance and annuity association
 10  7 college association-college retirement equities fund (TIAA-
 10  8 CREF), but who was not retired under that system, upon
 10  9 submitting verification of membership and service in the other
 10 10 public system to the division, including proof that the member
 10 11 has no further claim upon a retirement benefit from that other
 10 12 public system, may make contributions as provided by this
 10 13 section to the system either for the entire period of service
 10 14 in the other public system, or for partial service in the
 10 15 other public system in increments of one or more calendar
 10 16 quarters.  If the member wishes to transfer only a portion of
 10 17 the service value of another public system to this system and
 10 18 the other public system allows a partial withdrawal of a
 10 19 member's system credits, the member shall receive credit for
 10 20 membership service in this system equivalent to the period of
 10 21 service transferred from the other public system.
 10 22    Sec. 29.  Section 99D.8A, subsection 2, Code 2003, is
 10 23 amended to read as follows:
 10 24    2.  An applicant shall submit pictures, fingerprints, and
 10 25 descriptions of physical characteristics to the commission in
 10 26 the manner prescribed on the application forms.  The
 10 27 fingerprints may be submitted to the federal bureau of
 10 28 investigation by the department of public safety through the
 10 29 state central criminal history repository for the purpose of a
 10 30 national criminal history check.
 10 31    Sec. 30.  Section 99E.3, subsection 3, Code 2003, is
 10 32 amended to read as follows:
 10 33    3.  The commissioner may employ, with the approval of the
 10 34 director, clerks, stenographers, inspectors, agents, and other
 10 35 employees pursuant to chapter 19A as necessary to carry out
 11  1 this chapter, except as provided in section 99E.14.  The
 11  2 commissioner may require a background investigation to be
 11  3 conducted in connection with the employment of lottery
 11  4 employees.  The board shall define, by rule, the employment
 11  5 categories subject to investigation.  The background
 11  6 investigation by the division of criminal investigation of the
 11  7 department of public safety may include a national criminal
 11  8 history record check through the federal bureau of
 11  9 investigation.  The screening of lottery employees through the
 11 10 federal bureau of investigation shall be conducted by
 11 11 submission of fingerprints through the state criminal history
 11 12 record repository to the federal bureau of investigation.
 11 13    Sec. 31.  Section 99E.9, subsection 2, Code 2003, is
 11 14 amended to read as follows:
 11 15    2.  Subject to the approval of the board, the commissioner
 11 16 may enter into contracts for the operation and marketing of
 11 17 the lottery, except that the board may by rule designate
 11 18 classes of contracts other than major procurements which do
 11 19 not require prior approval by the board.  A major procurement
 11 20 shall be as the result of competitive bidding with the
 11 21 contract being awarded to the responsible vendor submitting
 11 22 the lowest and best proposal.  However, before a contract for
 11 23 a major procurement is awarded, the division of criminal
 11 24 investigation of the department of public safety shall conduct
 11 25 a thorough background investigation of the vendor to whom the
 11 26 contract is to be awarded.  The commissioner and board shall
 11 27 consult with the division of criminal investigation and shall
 11 28 provide, by rule, for the scope of the thorough background
 11 29 investigations and due diligence with regard to the background
 11 30 investigations to be conducted in connection with major
 11 31 procurements.  The vendor shall submit to the division of
 11 32 criminal investigation appropriate investigation
 11 33 authorizations to facilitate this investigation.  The
 11 34 background investigation by the division of criminal
 11 35 investigation may include a national criminal history record
 12  1 check through the federal bureau of investigation.  The
 12  2 screening of vendors or their employees through the federal
 12  3 bureau of investigation shall be conducted by submission of
 12  4 fingerprints through the state criminal history record
 12  5 repository to the federal bureau of investigation.  As used in
 12  6 this subsection, "major procurement" means consulting
 12  7 agreements and the major procurement contract with a business
 12  8 organization for the printing of tickets, or for purchase or
 12  9 lease of equipment or services essential to the operation of a
 12 10 lottery game.
 12 11    Sec. 32.  Section 99F.6, subsection 2, Code 2003, is
 12 12 amended to read as follows:
 12 13    2.  An applicant shall submit pictures, fingerprints, and
 12 14 descriptions of physical characteristics to the commission in
 12 15 the manner prescribed on the application forms.  The
 12 16 fingerprints may be submitted to the federal bureau of
 12 17 investigation by the department of public safety through the
 12 18 state central criminal history repository for the purpose of a
 12 19 national criminal history check.
 12 20    Sec. 33.  Section 103A.25, Code 2003, is amended to read as
 12 21 follows:
 12 22    103A.25  PRIOR RESOLUTIONS.
 12 23    A resolution accepting the state building code as provided
 12 24 in section 103A.7, which was adopted before the effective date
 12 25 of this Act July 1, 1989, is an ordinance for the purpose of
 12 26 this chapter.
 12 27    Sec. 34.  Section 135.78, Code 2003, is amended to read as
 12 28 follows:
 12 29    135.78  DATA TO BE COMPILED.
 12 30    The department shall compile all relevant financial and
 12 31 utilization data in order to have available the statistical
 12 32 information necessary to properly monitor hospital and health
 12 33 care facility charges and costs.  Such data shall include
 12 34 necessary operating expenses, appropriate expenses incurred
 12 35 for rendering services to patients who cannot or do not pay,
 13  1 all properly incurred interest charges, and reasonable
 13  2 depreciation expenses based on the expected useful life of the
 13  3 property and equipment involved.  The department shall also
 13  4 obtain from each hospital and health care facility a current
 13  5 rate schedule as well as any subsequent amendments or
 13  6 modifications of that schedule as it may require.  In
 13  7 collection of the data required by this section and sections
 13  8 135.74 to 135.78 through 135.76, the department and other
 13  9 state agencies shall coordinate their reporting requirements.
 13 10    Sec. 35.  Section 141A.7, subsection 2, paragraph a, Code
 13 11 2003, is amended to read as follows:
 13 12    a.  The performance by a health care provider or health
 13 13 facility of an HIV-related test when the health care provider
 13 14 or health facility procures, processes, distributes, or uses a
 13 15 human body part donated for a purpose specified under the
 13 16 uniform anatomical gift Act as provided in chapter 142C, or
 13 17 semen provided prior to July 1, 1988, for the purpose of
 13 18 artificial insemination, or donations of blood, and such test
 13 19 is necessary to ensure medical acceptability of such gift or
 13 20 semen for the purposes intended.
 13 21    Sec. 36.  Section 142.4, unnumbered paragraph 2, Code 2003,
 13 22 is amended to read as follows:
 13 23    This section shall not apply to bodies given under
 13 24 authority of the uniform anatomical gift Act as provided in
 13 25 chapter 142C.
 13 26    Sec. 37.  Section 142.8, unnumbered paragraph 2, Code 2003,
 13 27 is amended to read as follows:
 13 28    This section shall not apply to bodies given under
 13 29 authority of the uniform anatomical gift Act as provided in
 13 30 chapter 142C.
 13 31    Sec. 38.  Section 142C.6, subsection 2, Code 2003, is
 13 32 amended to read as follows:
 13 33    2.  If an anatomical gift is made to a designated donee,
 13 34 the document of gift, or a copy, may be delivered to the donee
 13 35 to expedite the appropriate procedures after the death of the
 14  1 donor.  The document of gift, or a copy, may be deposited in
 14  2 any hospital, organ procurement organization, bank or storage
 14  3 organization, or donor registry office that accepts the
 14  4 document of gift for safekeeping or for the facilitation of
 14  5 procedures after the death of the donor.  If a document is
 14  6 deposited by a donor in a hospital, donor registry office, or
 14  7 bank or storage organization, the hospital, donor registry
 14  8 office, or bank or storage organization may forward the
 14  9 document to an organ procurement organization which will
 14 10 retain the document for facilitating procedures following the
 14 11 death of the donor.  Upon request of a hospital, physician, or
 14 12 surgeon, upon or after the donor's death, the person in
 14 13 possession of the document of gift may allow the hospital,
 14 14 physician, or surgeon to examine or copy the document of gift.
 14 15    Sec. 39.  Section 147.107, subsection 2, unnumbered
 14 16 paragraph 1, Code 2003, is amended to read as follows:
 14 17    A pharmacist, physician, dentist, or podiatric physician
 14 18 who dispenses prescription drugs, including but not limited to
 14 19 controlled substances, for human use, may delegate
 14 20 nonjudgmental dispensing functions to staff assistants only
 14 21 when verification of the accuracy and completeness of the
 14 22 prescription is determined by the pharmacist or practitioner
 14 23 in the pharmacist's or practitioner's physical presence.
 14 24 However, the physical presence requirement does not apply when
 14 25 a pharmacist or practitioner is utilizing an automated
 14 26 dispensing system.  When using an automated dispensing system
 14 27 the pharmacist or practitioner shall utilize an internal
 14 28 quality control assurance plan that ensures accuracy for
 14 29 dispensing.  Verification of automated dispensing accuracy and
 14 30 completeness remains the responsibility of the pharmacist or
 14 31 practitioner and shall be determined in accordance with rules
 14 32 adopted by the boards state board of pharmacy examiners,
 14 33 medicine, dentistry the state board of medical examiners, the
 14 34 state board of dental examiners, and the state board of
 14 35 podiatry examiners for their respective licensees.
 15  1    Sec. 40.  Section 161B.1, subsection 2, Code 2003, is
 15  2 amended to read as follows:
 15  3    2.  The department of agriculture and land stewardship
 15  4 shall report annually to the senate standing committees
 15  5 committee on energy natural resources and environment and the
 15  6 house of representatives standing committee on environmental
 15  7 protection of the house and senate on the projects conducted
 15  8 with the agricultural energy management fund.
 15  9    Sec. 41.  Section 163.30, subsection 2, unnumbered
 15 10 paragraph 1, Code 2003, is amended to read as follows:
 15 11    When used in this chapter subchapter:
 15 12    Sec. 42.  Section 172D.3, subsection 2, paragraph a, Code
 15 13 2003, is amended to read as follows:
 15 14    a.  Exclusion for federally mandated requirements.  This
 15 15 section shall apply to the department's rules except for rules
 15 16 required for delegation of the national pollutant discharge
 15 17 elimination system permit program pursuant to the federal
 15 18 Water Pollution Control Act, Title 33, United States Code,
 15 19 chapter 126, as amended, and 40 Code of Federal Regulations
 15 20 C.F.R., Part pt. 124.
 15 21    Sec. 43.  Section 190C.1, subsection 18, Code 2003, is
 15 22 amended to read as follows:
 15 23    18.  "Regional organic association" means a corporation
 15 24 organized under former chapter 504, Code 1989, or chapter 504A
 15 25 which has certifying members, elects its own officers and
 15 26 directors, and is independent from the department.
 15 27    Sec. 44.  Section 230A.12, unnumbered paragraph 1, Code
 15 28 2003, is amended to read as follows:
 15 29    Each community mental health center established or
 15 30 continued in operation pursuant to section 230A.3, shall be
 15 31 organized under the Iowa nonprofit corporation Act appearing
 15 32 as chapter 504A, except that a community mental health center
 15 33 organized under former chapter 504 prior to July 1, 1974, and
 15 34 existing under the provisions of chapter 504, Code 1989, shall
 15 35 not be required by this chapter to adopt the Iowa nonprofit
 16  1 corporation Act if it is not otherwise required to do so by
 16  2 law.  The board of directors of each such community mental
 16  3 health center shall enter into an agreement with the county or
 16  4 affiliated counties which are to be served by the center,
 16  5 which agreement shall include but need not be limited to the
 16  6 period of time for which the agreement is to be in force, what
 16  7 services the center is to provide for residents of the county
 16  8 or counties to be served, standards the center is to follow in
 16  9 determining whether and to what extent persons seeking
 16 10 services from the center shall be considered able to pay the
 16 11 cost of the services received, and policies regarding
 16 12 availability of the center's services to persons who are not
 16 13 residents of the county or counties served by the center.  The
 16 14 board of directors, in addition to exercising the powers of
 16 15 the board of directors of a nonprofit corporation may:
 16 16    Sec. 45.  Section 256A.3, subsection 11, Code 2003, is
 16 17 amended by striking the subsection.
 16 18    Sec. 46.  Section 260C.14, subsection 1, Code 2003, is
 16 19 amended to read as follows:
 16 20    1.  Determine the curriculum to be offered in such school
 16 21 or college subject to approval of the director and ensure that
 16 22 all vocational offerings are competency-based, provide any
 16 23 minimum competencies required by the department of education,
 16 24 comply with any applicable requirements in chapter 258, and
 16 25 are articulated with local school district vocational
 16 26 education programs.  If an existing private educational or
 16 27 vocational institution within the merged area has facilities
 16 28 and curriculum of adequate size and quality which would
 16 29 duplicate the functions of the area school, the board of
 16 30 directors shall discuss with the institution the possibility
 16 31 of entering into contracts to have the existing institution
 16 32 offer facilities and curriculum to students of the merged
 16 33 area.  The board of directors shall consider any proposals
 16 34 submitted by the private institution for providing such
 16 35 facilities and curriculum.  The board of directors may enter
 17  1 into such contracts.  In approving curriculum, the director
 17  2 shall ascertain that all courses and programs submitted for
 17  3 approval are needed and that the curriculum being offered by
 17  4 an area school does not duplicate programs provided by
 17  5 existing public or private facilities in the area.  In
 17  6 determining whether duplication would actually exist, the
 17  7 state board director shall consider the needs of the area and
 17  8 consider whether the proposed programs are competitive as to
 17  9 size, quality, tuition, purposes, and area coverage with
 17 10 existing public and private educational or vocational
 17 11 institutions within the merged area.  If the board of
 17 12 directors of the merged area chooses not to enter into
 17 13 contracts with private institutions under this subsection, the
 17 14 board shall submit a list of reasons why contracts to avoid
 17 15 duplication were not entered into and an economic impact
 17 16 statement relating to the board's decision.
 17 17    Sec. 47.  Section 261.23, subsection 4, Code 2003, is
 17 18 amended to read as follows:
 17 19    4.  A registered nurse shall be eligible for the registered
 17 20 nurse loan repayment program if the registered nurse has
 17 21 received from an accredited school of nursing located in this
 17 22 state a collegiate or associate degree of nursing, a diploma
 17 23 in nursing, or a graduate or equivalent degree in nursing and
 17 24 agrees to practice in an eligible community in this state that
 17 25 has agreed to provide additional funds for the registered
 17 26 nurse's loan repayment.  The contract for the loan repayment
 17 27 shall stipulate the time period the registered nurse shall
 17 28 practice in an eligible community in this state.  In addition,
 17 29 the contract shall stipulate that the registered nurse repay
 17 30 any funds paid on the registered nurse's loan by the
 17 31 commission if the registered nurse fails to practice in an
 17 32 eligible community in this state for the required period of
 17 33 time.  For purposes of this subsection, "eligible community"
 17 34 means a community that agrees to match state funds provided on
 17 35 at least a dollar-for-dollar basis for the loan repayment of a
 18  1 registered nurse who practices in the community.
 18  2    Sec. 48.  Section 272.2, subsection 14, paragraph a, Code
 18  3 2003, is amended to read as follows:
 18  4    a.  The board may deny a license to or revoke the license
 18  5 of a person upon the board's finding by a preponderance of
 18  6 evidence that either the person has been convicted of a crime
 18  7 or that there has been a founded report of child abuse against
 18  8 the person.  Rules adopted in accordance with this paragraph
 18  9 shall provide that in determining whether a person should be
 18 10 denied a license or that a practitioner's license should be
 18 11 revoked, the board shall consider the nature and seriousness
 18 12 of the founded abuse or crime in relation to the position
 18 13 sought, the time elapsed since the crime was committed, the
 18 14 degree of rehabilitation which has taken place since the
 18 15 incidence of founded abuse or the commission of the crime, the
 18 16 likelihood that the person will commit the same abuse or crime
 18 17 again, and the number of founded abuses committed by or
 18 18 criminal convictions by of the person involved.
 18 19    Sec. 49.  Section 284.3, subsection 2, paragraph a, Code
 18 20 2003, is amended to read as follows:
 18 21    a.  By July 1, 2002, for purposes of comprehensive
 18 22 evaluations for beginning teachers required to allow beginning
 18 23 teachers to progress to career teachers, standards and
 18 24 criteria that are the Iowa teaching standards specified in
 18 25 subsection 1 and the model criteria for the Iowa teaching
 18 26 standards developed by the department in accordance with
 18 27 section 256.9, subsection 50.  These standards and criteria
 18 28 shall be set forth in an instrument provided by the
 18 29 department.  The comprehensive evaluation and instrument are
 18 30 not subject to negotiations or grievance procedures pursuant
 18 31 to chapter 20 or determinations made by the board of directors
 18 32 under section 279.14.  A local school board and its certified
 18 33 bargaining representative may negotiate, pursuant to chapter
 18 34 20, evaluation and grievance procedures for beginning teachers
 18 35 that are not in conflict with this chapter.  If, in accordance
 19  1 with section 279.19, a beginning teacher appeals the
 19  2 determination of a school board to an adjudicator under
 19  3 section 279.17, the adjudicator selected shall have
 19  4 successfully completed training related to the Iowa teacher
 19  5 standards, the model criteria adopted by the state board of
 19  6 education in accordance with subsection 3, as enacted by this
 19  7 Act, and any additional training required under rules adopted
 19  8 by the public employment relations board in cooperation with
 19  9 the state board of education.
 19 10    Sec. 50.  Section 284.11, subsections 4, 5, and 7, Code
 19 11 2003, are amended to read as follows:
 19 12    4.  Each participating district shall create its own design
 19 13 for a team-based variable pay plan linked to the district's
 19 14 comprehensive school improvement plan.  The plan must include
 19 15 attendance center student performance goals, student
 19 16 performance levels, multiple indicators to determine progress
 19 17 toward attendance center goals, and a system for providing
 19 18 financial rewards.  The team-based variable pay plan shall be
 19 19 approved by the local board.
 19 20    5.  Each district team-based variable pay plan shall be
 19 21 reviewed by the department.  The department shall include a
 19 22 review of the locally established goals, targeted levels of
 19 23 improvement, assessment strategies, and financial reward
 19 24 system.
 19 25    7.  The district team-based variable pay plan shall specify
 19 26 how the funding received by the district for purposes of this
 19 27 section is to be awarded to eligible staff in attendance
 19 28 centers that meet or exceed their goals.  The district shall
 19 29 provide all attendance centers equal access to the available
 19 30 funds.  Moneys shall be released by the department to the
 19 31 district only upon certification by the school board that an
 19 32 attendance center has met or exceeded its goals.
 19 33    Sec. 51.  Section 303A.6, subsection 3, Code 2003, is
 19 34 amended to read as follows:
 19 35    3.  Upon approving a grant, the board shall certify to the
 20  1 treasurer of state the amount of financial assistance payable
 20  2 from the trust grant account to the qualified organization
 20  3 whose grant application is approved.
 20  4    Sec. 52.  Section 304A.21, subsection 5, Code 2003, is
 20  5 amended to read as follows:
 20  6    5.  "Nonprofit organization" means a corporation organized
 20  7 under former chapter 504, Code 1989, or chapter 504A or which
 20  8 holds a permit or certificate under former chapter 504, Code
 20  9 1989, or chapter 504A to do business or conduct affairs in
 20 10 this state.
 20 11    Sec. 53.  Section 307.27, subsection 8, Code 2003, is
 20 12 amended to read as follows:
 20 13    8.  Administer the registration of interstate commerce
 20 14 commission authority of motor carriers pursuant to chapter
 20 15 327B as provided in 49 U.S.C. } 14504 and United States
 20 16 department of transportation regulations.
 20 17    Sec. 54.  Section 308.1, Code 2003, is amended to read as
 20 18 follows:
 20 19    308.1  PLANNING COMMISSION.
 20 20    The Mississippi parkway planning commission shall be
 20 21 composed of ten members appointed by the governor, five
 20 22 members to be appointed for two-year terms beginning July 1,
 20 23 1959, and five members to be appointed for four-year terms
 20 24 beginning July 1, 1959.  In addition to the above members
 20 25 there shall be seven advisory ex officio members who shall be
 20 26 as follows:  One member from the state transportation
 20 27 commission, one member from the natural resource commission,
 20 28 one member from the Iowa state soil conservation commission
 20 29 committee, one member from the state historical society of
 20 30 Iowa, one member from the faculty of the landscape
 20 31 architectural division of the Iowa State University of science
 20 32 and technology, one member from the Iowa economic development
 20 33 board, and one member from the environmental protection
 20 34 commission.  Members and ex officio members shall serve
 20 35 without pay, but the actual and necessary expenses of members
 21  1 and ex officio members may be paid if the commission so orders
 21  2 and if the commission has funds available for that purpose.
 21  3    Sec. 55.  Section 321.178, subsection 1, paragraph c, Code
 21  4 2003, is amended to read as follows:
 21  5    c.  Instruction relating to becoming an organ donor under
 21  6 the uniform anatomical gift Act as provided in chapter 142C.
 21  7    Sec. 56.  Section 321.189, subsection 4, Code 2003, is
 21  8 amended to read as follows:
 21  9    4.  SYMBOLS.  Upon the request of a licensee, the
 21 10 department shall indicate on the license the presence of a
 21 11 medical condition, that the licensee is a donor under the
 21 12 uniform anatomical gift law Act as provided in chapter 142C,
 21 13 or that the licensee has in effect a medical advance
 21 14 directive.  For purposes of this subsection, a medical advance
 21 15 directive includes, but is not limited to, a valid durable
 21 16 power of attorney for health care as defined in section
 21 17 144B.1.  The license may contain such other information as the
 21 18 department may require by rule.
 21 19    Sec. 57.  Section 327B.1, subsections 1 through 3, Code
 21 20 2003, are amended to read as follows:
 21 21    1.  It is unlawful for a carrier to perform an interstate
 21 22 transportation service for compensation upon the highways of
 21 23 this state without first registering the authority obtained
 21 24 from the interstate commerce commission United States
 21 25 department of transportation or evidence that such authority
 21 26 is not required with the state department of transportation.
 21 27    2.  The department shall participate in the single state
 21 28 insurance registration program for regulated motor carriers as
 21 29 provided in 49 U.S.C. } 11506 14504 and interstate commerce
 21 30 commission United States department of transportation
 21 31 regulations.
 21 32    3.  Registration for carriers transporting commodities
 21 33 exempt from interstate commerce commission United States
 21 34 department of transportation regulation shall be granted
 21 35 without hearing upon application and payment of a twenty-five-
 22  1 dollar filing fee and an annual one-dollar fee per vehicle.
 22  2    Sec. 58.  Section 327B.7, Code 2003, is amended to read as
 22  3 follows:
 22  4    327B.7  RECIPROCITY FOR EXEMPT COMMODITY BASE STATE
 22  5 REGISTRATION SYSTEM.
 22  6    The department may enter into a reciprocity agreement on
 22  7 behalf of this state with authorized representatives of other
 22  8 states to become a member of an exempt commodity base state
 22  9 registration system for the registration, insurance
 22 10 verification, and fee collection for carriers hauling
 22 11 commodities exempt from interstate commerce commission United
 22 12 States department of transportation authority.
 22 13    Sec. 59.  Section 327C.22, Code 2003, is amended to read as
 22 14 follows:
 22 15    327C.22  INTERSTATE FREIGHT RATES.
 22 16    The department shall exercise constant diligence to
 22 17 ascertain the rates, charges, rules, and practices of common
 22 18 carriers operating in this state, in relation to the
 22 19 transportation of freight in interstate business.  When it
 22 20 shall ascertain from any source or have reasonable grounds to
 22 21 believe that the rates charged on such interstate business or
 22 22 the rules or practices in relation thereto discriminate
 22 23 unjustly against any of the citizens, industries, interests,
 22 24 or localities of the state, or place any of them at an
 22 25 unreasonable disadvantage as compared with those of other
 22 26 states, or are in violation of the laws of the United States
 22 27 regulating commerce, or in conflict with the rulings, orders,
 22 28 or regulations of the interstate commerce commission surface
 22 29 transportation board, the department shall take the necessary
 22 30 steps to prevent the continuance of such rates, rules, or
 22 31 practices.
 22 32    Sec. 60.  Section 327C.23, Code 2003, is amended to read as
 22 33 follows:
 22 34    327C.23  APPLICATION TO INTERSTATE COMMERCE COMMISSION
 22 35 SURFACE TRANSPORTATION BOARD.
 23  1    When any common carrier has put in force any rates, rules,
 23  2 or practices in relation to interstate freight business, in
 23  3 violation of the laws of the United States regulating
 23  4 commerce, or of the orders, rules, or regulations of the
 23  5 interstate commerce commission surface transportation board,
 23  6 or shall unjustly discriminate against any of the citizens,
 23  7 industries, interests, or localities of the state, the
 23  8 department shall present the material facts involved in such
 23  9 violations or discrimination to the interstate commerce
 23 10 commission surface transportation board and seek relief
 23 11 therefrom, and, if deemed necessary or expedient, the
 23 12 department shall prosecute any charge growing out of such
 23 13 violation or discrimination, at the expense of the state,
 23 14 before the interstate commerce commission surface
 23 15 transportation board.
 23 16    Sec. 61.  Section 327D.67, unnumbered paragraph 2, Code
 23 17 2003, is amended to read as follows:
 23 18    The form of every schedule shall be prescribed by the
 23 19 department and shall conform, in the case of common carriers,
 23 20 as nearly as may be to the form prescribed by the interstate
 23 21 commerce commission United States department of
 23 22 transportation.
 23 23    Sec. 62.  Section 327D.72, Code 2003, is amended to read as
 23 24 follows:
 23 25    327D.72  INTERSTATE COMMERCE SCHEDULES.
 23 26    When schedules and classifications required by the
 23 27 interstate commerce commission United States department of
 23 28 transportation contain in whole or in part the information
 23 29 required by the provisions of this chapter, the posting and
 23 30 filing of a copy of such schedules and classifications with
 23 31 the interstate commerce commission United States department of
 23 32 transportation shall be deemed a compliance with the filing
 23 33 requirements of this chapter insofar as such schedules and
 23 34 classifications contain the information required by this
 23 35 chapter, and any additional or different information may be
 24  1 posted and filed in a supplementary schedule.
 24  2    Sec. 63.  Section 327D.200, Code 2003, is amended to read
 24  3 as follows:
 24  4    327D.200  INCONSISTENCY WITH FEDERAL LAW – RAILROADS.
 24  5    If any provision of this chapter is inconsistent or
 24  6 conflicts with federal laws, rules or regulations applicable
 24  7 to railway corporations subject to the jurisdiction of the
 24  8 federal interstate commerce commission surface transportation
 24  9 board, the department shall suspend the provision, but only to
 24 10 the extent necessary to eliminate the inconsistency or
 24 11 conflict.
 24 12    Sec. 64.  Section 327D.201, Code 2003, is amended to read
 24 13 as follows:
 24 14    327D.201  RAILROAD INTRASTATE RATES – RULES.
 24 15    The department may issue rules relating to the regulation
 24 16 of railroad intrastate rates, classifications, rules and
 24 17 practices in accordance with the standards and procedures of
 24 18 the federal interstate commerce commission surface
 24 19 transportation board applicable to rail carriers.
 24 20    Sec. 65.  Section 327G.61, subsection 2, Code 2003, is
 24 21 amended to read as follows:
 24 22    2.  "Spur track" means a railroad track located wholly
 24 23 within the state connected to a main or branch line of a
 24 24 railroad and used to originate or terminate traffic at one or
 24 25 more industries or a railroad track not subject to the
 24 26 jurisdiction of the interstate commerce commission surface
 24 27 transportation board.  A spur track shall not include a
 24 28 railroad line used to provide line-haul or intercity
 24 29 transportation.
 24 30    Sec. 66.  Section 327G.78, unnumbered paragraph 1, Code
 24 31 2003, is amended to read as follows:
 24 32    Subject to sections 327G.77 and 6A.16, when a railroad
 24 33 corporation, its trustee, or its successor in interest has
 24 34 interests in real property adjacent to a railroad right-of-way
 24 35 that are abandoned by order of the interstate commerce
 25  1 commission surface transportation board, reorganization court,
 25  2 bankruptcy court, or the department, or when a railroad
 25  3 corporation, its trustee, or its successor in interest seeks
 25  4 to sell its interests in that property under any other
 25  5 circumstance, the railroad corporation, its trustee, or its
 25  6 successor in interest shall extend a written offer to sell at
 25  7 a fair market value price to the persons holding leases,
 25  8 licenses, or permits upon those properties, allowing sixty
 25  9 days from the time of receipt for a written response.  If a
 25 10 disagreement arises between the parties concerning the price
 25 11 or other terms of the sale transaction, either or both parties
 25 12 may make written application to the department to resolve the
 25 13 disagreement.  The application shall be made within sixty days
 25 14 from the time an initial written response is served upon the
 25 15 railroad corporation, trustee, or successor in interest by the
 25 16 person wishing to purchase the property.  The department shall
 25 17 notify the department of inspections and appeals which shall
 25 18 hear the controversy and make a final determination of the
 25 19 fair market value of the property and the other terms of the
 25 20 transaction which were in dispute, within ninety days after
 25 21 the application is filed.  The determination is subject to
 25 22 review by the department and the department's decision is the
 25 23 final agency action.  All correspondence shall be by certified
 25 24 mail.
 25 25    Sec. 67.  Section 331.427, subsection 2, paragraph k, Code
 25 26 2003, is amended to read as follows:
 25 27    k.  For the use of a nonprofit historical society organized
 25 28 under chapter 504, Code 1989, or chapter 504A, a city-owned
 25 29 historical project, or both.
 25 30    Sec. 68.  Section 331.652, subsection 8, paragraph d, Code
 25 31 2003, is amended to read as follows:
 25 32    d.  Civil A civil process servers server shall not be
 25 33 considered to be a sheriff or a deputy sheriff for purposes of
 25 34 this chapter or chapter 97B or 341A.
 25 35    Sec. 69.  Section 335.24, Code 2003, is amended to read as
 26  1 follows:
 26  2    335.24  CONFLICT WITH OTHER REGULATIONS.
 26  3    If the regulations made under this chapter require a
 26  4 greater width or size of yards, courts or other open spaces,
 26  5 or require a lower height of building or less number of
 26  6 stories, or require a greater percentage of lot to be left
 26  7 unoccupied, or impose other higher standards than are required
 26  8 in any other statute or local ordinance or regulation, the
 26  9 regulations made under this chapter govern.  If any other
 26 10 statute or local ordinance or regulation requires a greater
 26 11 width or size of yards, courts or other open spaces, or
 26 12 requires a lower height of building or a less number of
 26 13 stories, or a greater percentage of lot to be left unoccupied,
 26 14 or imposes other higher standards than are required by the
 26 15 regulations made under this chapter, the other statute or
 26 16 local ordinance or regulation governs.  If a regulation
 26 17 proposed or made under this chapter relates to any structure,
 26 18 building, dam, obstruction, deposit or excavation in or on the
 26 19 flood plains of any river or stream, prior approval of the
 26 20 department of water, air and waste management natural
 26 21 resources is required to establish, amend, supplement, change,
 26 22 or modify the regulation or to grant any variation or
 26 23 exception from the regulation.
 26 24    Sec. 70.  Section 384.63, subsection 3, Code 2003, is
 26 25 amended to read as follows:
 26 26    3.  When a private improvement is constructed on a lot
 26 27 subject to a deficiency, during the period of amortization,
 26 28 the council shall, by resolution, assess a pro rata portion of
 26 29 the deficiency on that lot, in the same proportion to the
 26 30 total deficiency on that lot as the number of future
 26 31 installments of special assessments remaining to be paid is to
 26 32 the total number of installments of assessments for the
 26 33 project, subject to the twenty-five percent limitation of
 26 34 section 384.62.  A deficiency assessment becomes a lien on the
 26 35 property and is payable in the same manner, and subject to the
 27  1 same interests as the other special assessments.  The council
 27  2 shall direct the clerk to certify a deficiency assessment to
 27  3 the county treasurer, and to send a notice of the deficiency
 27  4 assessment by mail to each owner, as provided in section
 27  5 384.60, subsection 5, but publication of the notice is not
 27  6 required.
 27  7    Sec. 71.  Section 421B.11, unnumbered paragraph 3, Code
 27  8 2003, is amended to read as follows:
 27  9    Judicial review of the actions of the director may be
 27 10 sought in accordance with the terms of the Iowa administrative
 27 11 procedure Act chapter 17A, and section 422.55.
 27 12    Sec. 72.  Section 426B.1, subsection 2, Code 2003, is
 27 13 amended to read as follows:
 27 14    2.  There is appropriated on July 1 of each fiscal year to
 27 15 the property tax relief fund for the indicated fiscal years
 27 16 from the general fund of the state the following amounts:
 27 17    For the fiscal year beginning July 1, 1997, and succeeding
 27 18 fiscal years, ninety-five million dollars.
 27 19    Sec. 73.  Section 432.1, subsection 5, Code 2003, is
 27 20 amended to read as follows:
 27 21    5.  Except as provided in subsection 4 6, the premium tax
 27 22 shall be paid on or before March 1 of the year following the
 27 23 calendar year for which the tax is due.  The commissioner may
 27 24 suspend or revoke the license of a company or association that
 27 25 fails to pay its premium tax on or before the due date.
 27 26    Sec. 74.  Section 435.26, subsection 1, paragraph a, Code
 27 27 2003, is amended to read as follows:
 27 28    a.  A mobile home or manufactured home which is located
 27 29 outside a manufactured home community or mobile home park
 27 30 shall be converted to real estate by being placed on a
 27 31 permanent foundation and shall be assessed for real estate
 27 32 taxes.  A home, after conversion to real estate, is eligible
 27 33 for the homestead tax credit and the military service tax
 27 34 exemption as provided in sections 425.2 and 426A.11.
 27 35    Sec. 75.  Section 455B.484, subsections 2 and 3, Code 2003,
 28  1 are amended to read as follows:
 28  2    2.  Seek, receive, and accept funds in the form of
 28  3 appropriations, grants, awards, wills, bequests, endowments,
 28  4 and gifts for deposit into the waste management assistance
 28  5 trust fund to be used for programs relating to the duties of
 28  6 the department under this part.
 28  7    3.  Administer and coordinate the land quality and waste
 28  8 management assistance trust fund created under this part.
 28  9    Sec. 76.  Section 455B.488, Code 2003, is amended to read
 28 10 as follows:
 28 11    455B.488  HOUSEHOLD HAZARDOUS WASTE COLLECTION AND
 28 12 DISPOSITION.
 28 13    The division department shall develop, sponsor, and assist
 28 14 in conducting local, regional, or statewide programs for the
 28 15 receipt or collection and proper management of hazardous
 28 16 wastes from households and farms.  In conducting such events
 28 17 the division department may establish limits on the types and
 28 18 amounts of wastes that will be collected, and may establish a
 28 19 fee system for acceptance of wastes in quantities exceeding
 28 20 the limits established pursuant to this section.
 28 21    Sec. 77.  Section 455B.518, subsection 4, Code 2003, is
 28 22 amended to read as follows:
 28 23    4.  A toxics pollution prevention plan developed under this
 28 24 section shall be reviewed by the authority department for
 28 25 completeness, adequacy, and accuracy.
 28 26    Sec. 78.  Section 455H.208, Code 2003, is amended to read
 28 27 as follows:
 28 28    455H.208  PUBLIC PARTICIPATION.
 28 29    Public participation shall be a required component of the
 28 30 process for participants for all sites enrolled in the land
 28 31 recycling program.  The required level of public participation
 28 32 shall vary depending on the conditions existing at a site.  At
 28 33 a minimum, the department shall notify all adjacent property
 28 34 owners, occupants of adjacent property, and the city or county
 28 35 in which the property is located of a site's enrollment in the
 29  1 land recycling program and of the scope of work described in
 29  2 the participation agreement, and give the notified parties the
 29  3 opportunity to obtain updates regarding the status of
 29  4 activities relating to the enrolled site in the land recycling
 29  5 program.  The notification shall not be required before the
 29  6 participant has had the opportunity to collect basic
 29  7 information characterizing the nature and extent of the
 29  8 contamination, but the notification shall be required in a
 29  9 timely manner allowing appropriate parties to have input in
 29 10 the formulation of the response action.  If contaminants from
 29 11 the enrolled site have migrated off the enrolled site or are
 29 12 likely to migrate off the enrolled site, as determined by the
 29 13 department, the department shall notify by direct mailing all
 29 14 potentially affected parties, including the city or county in
 29 15 which the potentially affected property is located, and
 29 16 officials in charge of any potentially impacted public water
 29 17 supply and the notified parties shall be given opportunity to
 29 18 comment on proposed response actions.  The department may
 29 19 require the participant of an enrolled site to publish public
 29 20 notice in a local newspaper if widespread interest in the site
 29 21 exists or is likely to exist as determined by the department.
 29 22 The department shall consider reasonable comments from
 29 23 potentially affected parties in determining whether to approve
 29 24 or disapprove a proposed response action or site closure.
 29 25    Sec. 79.  Section 456A.19, unnumbered paragraphs 1 and 2,
 29 26 Code 2003, are amended to read as follows:
 29 27    All funds accruing to the fish and game protection fund,
 29 28 except an equitable portion of the administration fund, shall
 29 29 be expended solely in carrying on the fish and wildlife
 29 30 activities.  Expenditures incurred by the department in
 29 31 carrying on the activities shall be only on authorization by
 29 32 the general assembly.
 29 33    The department shall by October 1 of each year submit to
 29 34 the department of management for transmission to the general
 29 35 assembly a detailed estimate of the amount required by the
 30  1 department during the succeeding year for carrying on the fish
 30  2 and wildlife activities.  The estimate shall be in the same
 30  3 general form and detail as required by law in estimates
 30  4 submitted by other state departments.
 30  5    Sec. 80.  Section 456A.21, subsections 1 and 2, Code 2003,
 30  6 are amended to read as follows:
 30  7    1.  A forestry management and enhancement fund is created
 30  8 in the state treasury under the department's control.  The
 30  9 fund is composed of moneys deposited into the fund pursuant to
 30 10 section 456A.20, moneys appropriated by the general assembly,
 30 11 and moneys available to and obtained or accepted by the
 30 12 division or the department from the United States or private
 30 13 sources for placement in the fund.
 30 14    2.  Moneys in the fund are subject to an annual audit by
 30 15 the auditor of state.  The fund is subject to warrants written
 30 16 by the director of revenue and finance, drawn upon the written
 30 17 requisition of the division department.
 30 18    Sec. 81.  Section 456A.21, subsection 3, paragraph a, Code
 30 19 2003, is amended to read as follows:
 30 20    a.  Four forestry technicians who shall serve regions of
 30 21 the state as designated by the division department.
 30 22    Sec. 82.  Section 459.102, subsection 29, Code 2003, is
 30 23 amended to read as follows:
 30 24    29.  "Major water source" means a water source that is a
 30 25 lake, reservoir, river, or stream located within the
 30 26 territorial limits of the state, or any marginal river area
 30 27 adjacent to the state, if the water source is capable of
 30 28 supporting a floating vessel capable of carrying one or more
 30 29 persons during a total of a six-month period in one out of ten
 30 30 years, excluding periods of flooding, which has been
 30 31 identified by rules adopted by the commission.
 30 32    Sec. 83.  Section 459.303, subsection 5, paragraph a,
 30 33 unnumbered paragraph 1, Code 2003, is amended to read as
 30 34 follows:
 30 35    A confinement feeding operation meets threshold
 31  1 requirements under this paragraph subsection if the
 31  2 confinement feeding operation after construction of a proposed
 31  3 confinement feeding operation structure would have a minimum
 31  4 animal unit capacity of the following:
 31  5    Sec. 84.  Section 459.310, subsection 1, paragraph a, Code
 31  6 2003, is amended to read as follows:
 31  7    a.  A confinement feeding operation structure shall not be
 31  8 constructed closer than five hundred feet away from the
 31  9 surface intake of an agricultural drainage well.  A
 31 10 confinement feeding operation structure shall not be
 31 11 constructed closer than one thousand feet from a wellhead,
 31 12 cistern of an agricultural drainage well, or known sinkhole.
 31 13 However, the department may adopt rules requiring an increased
 31 14 separation distance under this paragraph in order to protect
 31 15 the integrity of a water of this the state.  The increased
 31 16 separation distance shall not be more than two thousand feet.
 31 17 If the department exercises its discretion to increase the
 31 18 separation distance requirement, the department shall not
 31 19 approve an application for the construction of a confinement
 31 20 feeding operation structure within that separation distance as
 31 21 provided in section 459.303.
 31 22    Sec. 85.  Section 459.310, subsection 1, paragraph c,
 31 23 subparagraph (2), Code 2003, is amended to read as follows:
 31 24    (2)  A major water source shall not be constructed,
 31 25 expanded, or diverted, if the major water source as
 31 26 constructed, expanded, or diverted is closer than one thousand
 31 27 feet from a confinement feeding operation structure.
 31 28    Sec. 86.  Section 459.312, subsection 10, paragraph a,
 31 29 subparagraph (2), subparagraph subdivision (b), subparagraph
 31 30 subdivision part (i), Code 2003, is amended to read as
 31 31 follows:
 31 32    (i)  The development of a comprehensive state nutrient
 31 33 budget for the maximum volume, frequency, and concentration of
 31 34 nutrients for each watershed that addresses all significant
 31 35 sources of nutrients in a water of this the state on a
 32  1 watershed basis.
 32  2    Sec. 87.  Section 459.604, subsection 1, unnumbered
 32  3 paragraph 2, Code 2003, is amended to read as follows:
 32  4    This subsection shall not apply unless the department of
 32  5 natural resources has previously notified the person of the
 32  6 person's classification as a habitual violator.  The
 32  7 department shall notify persons classified as habitual
 32  8 violators of their classification, additional restrictions
 32  9 imposed upon the persons pursuant to their classification, and
 32 10 special civil penalties that may be imposed upon the persons.
 32 11 The notice shall be sent to the persons by certified mail.
 32 12    Sec. 88.  Section 466.5, subsection 4, unnumbered paragraph
 32 13 1, Code 2003, is amended to read as follows:
 32 14    When establishing a wetland under this subsection section,
 32 15 the department of agriculture and land stewardship shall be
 32 16 governed by the following requirements:
 32 17    Sec. 89.  Section 481B.5, subsections 2 through 4, Code
 32 18 2003, are amended to read as follows:
 32 19    2.  The United States list of endangered or threatened
 32 20 native fish and wildlife as contained in the Code of Federal
 32 21 Regulations, Title 50, part 50 C.F.R. pt. 17 as amended to
 32 22 December 30, 1991.
 32 23    3.  The United States list of endangered or threatened
 32 24 plants as contained in the Code of Federal Regulations, Title
 32 25 50, part 50 C.F.R. pt. 17 as amended to December 30, 1991.
 32 26    4.  The United States list of endangered or threatened
 32 27 foreign fish and wildlife as contained in the Code of Federal
 32 28 Regulations, Title 50, part 50 C.F.R. pt. 17 as amended to
 32 29 December 30, 1991.
 32 30    Sec. 90.  Section 490.825, subsection 3, Code 2003, is
 32 31 amended to read as follows:
 32 32    3.  Sections 490.820 through 490.824 apply both to
 32 33 committees of the board and to their committee members.
 32 34    Sec. 91.  Section 490.1701, subsection 1, Code 2003, is
 32 35 amended to read as follows:
 33  1    1.  Except as provided in this subsection or chapter 504,
 33  2 Code 1989, or chapter 504A, this chapter does not apply to or
 33  3 affect entities subject to chapter 504, Code 1989, or chapter
 33  4 504A.  Such entities continue to be governed by all laws of
 33  5 this state applicable to them before December 31, 1989, as
 33  6 those laws are amended.  This chapter does not derogate or
 33  7 limit the powers to which such entities are entitled.
 33  8    Sec. 92.  Section 490A.1508, Code 2003, is amended to read
 33  9 as follows:
 33 10    490A.1508  ISSUANCE OF MEMBERSHIP INTERESTS.
 33 11    Membership interests of a professional limited liability
 33 12 company shall be issued only to individuals who are licensed
 33 13 to practice in any state a profession which the professional
 33 14 limited liability company is authorized to practice.
 33 15 Membership interests of a professional limited liability
 33 16 company shall not at any time be issued in, transferred into,
 33 17 or held in joint tenancy, tenancy in common, or any other form
 33 18 of joint ownership or co-ownership.  The Iowa uniform
 33 19 securities Act as provided in chapter 502 shall not be
 33 20 applicable to nor govern any transaction relating to any
 33 21 membership interests of a professional limited liability
 33 22 company.
 33 23    Sec. 93.  Section 504A.100, subsection 2, Code 2003, is
 33 24 amended to read as follows:
 33 25    2.  This chapter shall not apply to any domestic
 33 26 corporation heretofore organized or existing under the
 33 27 provisions of chapter 504, of the Code 1989, nor, for a period
 33 28 of two years from and after July 4, 1965, to any foreign
 33 29 corporation holding a permit under the provisions of said
 33 30 chapter on the said date, unless such domestic or foreign
 33 31 corporation shall voluntarily elect to adopt the provisions of
 33 32 this chapter and shall comply with the procedure prescribed by
 33 33 the provisions of subsection 3 of this section.
 33 34    Sec. 94.  Section 504B.1, Code 2003, is amended to read as
 33 35 follows:
 34  1    504B.1  CORPORATIONS APPLICABLE.
 34  2    This chapter shall apply to every corporation organized
 34  3 under chapter 504, Code 1989, or chapter 504A, which
 34  4 corporation is deemed to be a private foundation as defined in
 34  5 section 509 of the Internal Revenue Code, which is
 34  6 incorporated in the state of Iowa after December 31, 1969, and
 34  7 as to any such corporation organized in this state before
 34  8 January 1, 1970, it shall apply only for its federal taxable
 34  9 years beginning on or after January 1, 1972.
 34 10    Sec. 95.  Section 504B.6, unnumbered paragraph 1, Code
 34 11 2003, is amended to read as follows:
 34 12    Nothing in this chapter shall limit the power of any
 34 13 nonprofit corporation organized under chapter 504, Code 1989,
 34 14 or organized under chapter 504A:
 34 15    Sec. 96.  Section 514.1, unnumbered paragraph 1, Code 2003,
 34 16 is amended to read as follows:
 34 17    A corporation organized under former chapter 504, Code
 34 18 1989, or chapter 504A for the purpose of establishing,
 34 19 maintaining, and operating a nonprofit hospital service plan,
 34 20 whereby hospital service may be provided by the corporation or
 34 21 by a hospital with which it has a contract for service, to the
 34 22 public who become subscribers to this plan under a contract
 34 23 which entitles each subscriber to hospital service; or a
 34 24 corporation organized for the purpose of establishing,
 34 25 maintaining, and operating a plan whereby health care service
 34 26 may be provided at the expense of this corporation, by
 34 27 licensed physicians and surgeons, dentists, podiatric
 34 28 physicians, osteopathic physicians, osteopathic physicians and
 34 29 surgeons or chiropractors, to subscribers under contract,
 34 30 entitling each subscriber to health care service, as provided
 34 31 in the contract; or a corporation organized for the purpose of
 34 32 establishing, maintaining, and operating a nonprofit
 34 33 pharmaceutical service plan or optometric service plan,
 34 34 whereby pharmaceutical or optometric service may be provided
 34 35 by this corporation or by a licensed pharmacy with which it
 35  1 has a contract for service, to the public who become
 35  2 subscribers to this plan under a contract which entitles each
 35  3 subscriber to pharmaceutical or optometric service; shall be
 35  4 governed by this chapter and is exempt from all other
 35  5 provisions of the insurance laws of this state, unless
 35  6 specifically designated in this chapter, not only in
 35  7 governmental relations with the state but for every other
 35  8 purpose, and additions enacted after the effective date of
 35  9 this chapter July 1, 1939, shall not apply to these
 35 10 corporations unless they are expressly designated in the
 35 11 additions.
 35 12    Sec. 97.  Section 514.2, Code 2003, is amended to read as
 35 13 follows:
 35 14    514.2  INCORPORATION.
 35 15    Persons desiring to form a nonprofit hospital service
 35 16 corporation, or a nonprofit medical service corporation, or a
 35 17 nonprofit pharmaceutical or optometric service corporation
 35 18 shall incorporate under the provisions of chapter 504, Code
 35 19 1989, or chapter 504A, as supplemented and amended herein and
 35 20 any acts amendatory thereof.
 35 21    Sec. 98.  Section 514.5, unnumbered paragraph 1, Code 2003,
 35 22 is amended to read as follows:
 35 23    A hospital service corporation organized under former
 35 24 chapter 504, Code 1989, or chapter 504A may enter into
 35 25 contracts for the rendering of hospital service to any of its
 35 26 subscribers with hospitals maintained and operated by the
 35 27 state or any of its political subdivisions, or by any
 35 28 corporation, association, or individual.  Such hospital
 35 29 service corporation may also contract with an ambulatory
 35 30 surgical facility to provide surgical services to the
 35 31 corporation's subscribers.  Hospital service is meant to
 35 32 include bed and board, general nursing care, use of the
 35 33 operating room, use of the delivery room, ordinary medications
 35 34 and dressings and other customary routine care.  Ambulatory
 35 35 surgical facility means a facility constructed and operated
 36  1 for the specific purpose of providing surgery to patients
 36  2 admitted to and discharged from the facility within the same
 36  3 day.
 36  4    Sec. 99.  Section 537.1303, subsection 10, Code 2003, is
 36  5 amended to read as follows:
 36  6    10.  "Pursuant to a credit card".  Section 537.1301,
 36  7 subsection 17 16.
 36  8    Sec. 100.  Section 542.7, subsection 8, unnumbered
 36  9 paragraph 1, Code 2003, is amended to read as follows:
 36 10    The board, by rule, shall require as a condition to of
 36 11 renewal of a permit to practice as a certified public
 36 12 accounting firm, that an applicant undergo, no more frequently
 36 13 than once every three years, a peer review conducted in such
 36 14 manner as the board specifies.  The review shall include a
 36 15 verification that any individual in the firm who is
 36 16 responsible for supervising attest and compilation services
 36 17 and who signs or authorizes someone to sign the accountant's
 36 18 report on a financial statement on behalf of the firm meets
 36 19 the competency requirements set forth in the professional
 36 20 standards for such services.
 36 21    Sec. 101.  Section 542.8, subsection 17, Code 2003, is
 36 22 amended to read as follows:
 36 23    17.  The board, by rule, shall require as a condition to of
 36 24 renewal of a permit to practice as a licensed public
 36 25 accounting firm, that an applicant undergo, no more frequently
 36 26 than once every three years, a peer review conducted in such
 36 27 manner as the board specifies.  The review shall include
 36 28 verification that any individual in the firm who is
 36 29 responsible for supervising compilation services and who signs
 36 30 or authorizes someone to sign the accountant's report on a
 36 31 financial statement on behalf of the firm meets the competency
 36 32 requirements set forth in the professional standards for such
 36 33 services.  Such rules shall include reasonable provision for
 36 34 compliance by an applicant showing that the applicant, within
 36 35 the preceding three years, has undergone a peer review that is
 37  1 a satisfactory equivalent to the peer review required under
 37  2 this subsection.  An applicant's completion of a peer review
 37  3 program endorsed or supported by the national society of
 37  4 accountants, or other substantially similar review as
 37  5 determined by the board, satisfies the requirements of this
 37  6 subsection.
 37  7    Sec. 102.  Section 544B.1, subsection 2, Code 2003, is
 37  8 amended to read as follows:
 37  9    2.  The "practice "Practice of landscape architecture"
 37 10 means the performance of professional services such as
 37 11 consultations, investigations, reconnaissance, research,
 37 12 planning, design, or responsible supervision in connection
 37 13 with projects involving the arranging of land and the elements
 37 14 thereon for public and private use and enjoyment, including
 37 15 the alignment of roadways and the location of buildings,
 37 16 service areas, parking areas, walkways, steps, ramps, pools
 37 17 and other structures, and the grading of the land, surface and
 37 18 subsoil drainage, erosion control, planting, reforestation,
 37 19 and the preservation of the natural landscape and aesthetic
 37 20 values, in accordance with accepted professional standards of
 37 21 public health, welfare, and safety.  This practice shall
 37 22 include the location and arrangement of such tangible objects
 37 23 and features as are incidental and necessary to the purposes
 37 24 outlined in this chapter but shall not include the design of
 37 25 structures or facilities with separate and self-contained
 37 26 purposes for habitation or industry, or the design of public
 37 27 streets and highways, utilities, storm and sanitary sewers,
 37 28 and sewage treatment facilities, such as are ordinarily
 37 29 included in the practice of engineering or architecture; and
 37 30 shall not include the making of land surveys or final land
 37 31 plats for official approval or recording.  Nothing contained
 37 32 in this chapter shall be construed as authorizing a
 37 33 professional landscape architect to engage in the practice of
 37 34 architecture, engineering, or land surveying.
 37 35    Sec. 103.  Section 554.9706, subsection 2, paragraph a,
 38  1 Code 2003, is amended to read as follows:
 38  2    a.  if the initial financing statement is filed before July
 38  3 1, 2001, for the period provided in former section 554.9403,
 38  4 Code 2001, with respect to a financing statement; and
 38  5    Sec. 104.  Section 554.11103, Code 2003, is amended to read
 38  6 as follows:
 38  7    554.11103  TRANSITION TO THIS CHAPTER AS AMENDED – GENERAL
 38  8 RULE.
 38  9    Transactions validly entered into after July 4, 1966, and
 38 10 before January 1, 1975, which were subject to the provisions
 38 11 of this chapter prior to amendment and which would be subject
 38 12 to this chapter as amended if they had been entered into on or
 38 13 after January 1, 1975, and the rights, duties and interests
 38 14 flowing from such transactions remain valid after January 1,
 38 15 1975, and may be terminated, completed, consummated or
 38 16 enforced as required or permitted by this chapter as amended.
 38 17 Security interests arising out of such transactions which are
 38 18 perfected on January 1, 1975, shall remain perfected until
 38 19 they lapse or are terminated as provided in this chapter as
 38 20 amended, and may be continued as permitted by this chapter as
 38 21 amended, except as stated in section 554.11105.
 38 22    Sec. 105.  Section 616.10, Code 2003, is amended to read as
 38 23 follows:
 38 24    616.10  INSURANCE COMPANIES.
 38 25    Insurance companies may be sued in any county in which
 38 26 their principal place of business is kept, or in which the
 38 27 contract of insurance was made, or in which the loss insured
 38 28 against occurred, or, in case of insurance against death or
 38 29 disability, in the county of the domicile of the insured at
 38 30 the time the loss occurred, or in the county of plaintiff's
 38 31 residence.  As used in this section the term "insurance
 38 32 companies" includes nonprofit hospital service corporations
 38 33 and nonprofit medical service corporations which have
 38 34 incorporated under the provisions of chapter 504, Code 1989,
 38 35 or chapter 504A.
 39  1    Sec. 106.  Section 618.5, Code 2003, is amended to read as
 39  2 follows:
 39  3    618.5  PERMISSIBLE SELECTION.
 39  4    Publications may be made in a newspaper published at least
 39  5 once a week or oftener.
 39  6    Sec. 107.  Section 618.9, Code 2003, is amended to read as
 39  7 follows:
 39  8    618.9  DAYS OF PUBLICATION.
 39  9    When the publication is in a newspaper which is published
 39 10 oftener than more than once a week, the succeeding
 39 11 publications of such notice shall be on the same day of the
 39 12 week as the first publication.  This section shall not apply
 39 13 to any notice for the publication of which provision
 39 14 inconsistent herewith is specially made.
 39 15    Sec. 108.  Section 633.63, subsection 3, Code 2003, is
 39 16 amended to read as follows:
 39 17    3.  A private nonprofit corporation organized under chapter
 39 18 504, Code 1989, or chapter 504A is qualified to act as a
 39 19 guardian, as defined in section 633.3, subsection 20, or a
 39 20 conservator, as defined in section 633.3, subsection 7, where
 39 21 the assets subject to the conservatorship at the time when
 39 22 such corporation is appointed conservator are less than or
 39 23 equal to seventy-five thousand dollars and the corporation
 39 24 does not possess a proprietary or legal interest in an
 39 25 organization which provides direct services to the individual.
 39 26    Sec. 109.  Section 633.4214, subsection 3, paragraph c,
 39 27 Code 2003, is amended to read as follows:
 39 28    c.  This subsection does not apply to the following:
 39 29    (1)  A power held by the settlor's spouse who is the
 39 30 trustee of a trust for which a marital deduction, as defined
 39 31 in section 2056(b)(5) or 2523(e) of the Internal Revenue Code
 39 32 of 1986, that was previously allowed.
 39 33    (2)  A trust that may be revoked or amended by the settlor.
 39 34    (3)  A trust, if contributions to the trust which qualify
 39 35 for an annual exclusion under section 2503(c) of the Internal
 40  1 Revenue Code of 1986.
 40  2    Sec. 110.  Section 637.601, unnumbered paragraph 1, Code
 40  3 2003, is amended to read as follows:
 40  4    For purposes of this section subchapter:
 40  5    Sec. 111.  Section 637.605, subsection 2, Code 2003, is
 40  6 amended to read as follows:
 40  7    2.  The trustee appoints a disinterested person who, in its
 40  8 the person's sole discretion, but acting in a fiduciary
 40  9 capacity, determines for the trustee the method to be used in
 40 10 determining the fair market value of the trust, and which
 40 11 assets, if any, are to be excluded in determining the unitrust
 40 12 amount.
 40 13    Sec. 112.  Section 656.2, subsection 2, paragraph a,
 40 14 unnumbered paragraph 11, Code 2003, is amended to read as
 40 15 follows:
 40 16    The request for notice shall be indexed pursuant to section
 40 17 558.50.
 40 18    Sec. 113.  Section 709.19, subsection 1, Code 2003, is
 40 19 amended to read as follows:
 40 20    1.  Upon the filing of an affidavit by a victim, or a
 40 21 parent or guardian on behalf of a minor who is a victim, of a
 40 22 crime of that is a sexual offense in violation of section
 40 23 709.2, 709.3, 709.4, 709.8, 709.9, 709.11, 709.12, 709.14,
 40 24 709.15, or 709.16, which that states that the presence of or
 40 25 contact with the defendant whose release from jail or prison
 40 26 is imminent or who has been released from jail or prison
 40 27 continues to pose a threat to the safety of the victim,
 40 28 persons residing with the victim, or members of the victim's
 40 29 immediate family, the court shall enter a temporary no-contact
 40 30 order which shall require the defendant to have no contact
 40 31 with the victim, persons residing with the victim, or members
 40 32 of the victim's immediate family.
 40 33    Sec. 114.  Section 717D.1, Code 2003, is amended to read as
 40 34 follows:
 40 35    717D.1  DEFINITIONS.
 41  1    As used in this chapter:
 41  2    1.  "Animal" means a nonhuman vertebrate.
 41  3    2.  "Contest animal" means a bull, bear, chicken, or dog.
 41  4    3.  "Contest device" means equipment designed to enhance a
 41  5 contest animal's entertainment value during training or a
 41  6 contest event, including a device to improve the contest
 41  7 animal's competitiveness.
 41  8    4.  "Contest event" means a function organized for the
 41  9 entertainment or profit of spectators where a contest animal
 41 10 is injured, tormented, or killed, if the contest animal is a
 41 11 bull involved in a bullfight or bull baiting, a bear involved
 41 12 in bear baiting, a chicken involved in cock fighting, or a dog
 41 13 involved in dog fighting.
 41 14    5.  "Establishment" means the location where a contest
 41 15 event occurs or is to occur, regardless of whether a contest
 41 16 animal is present at the establishment or the contest animal
 41 17 is witnessed by means of an electronic signal transmitted to
 41 18 the location.
 41 19    6.  "Livestock" means the same as defined in section 717.1.
 41 20    7.  "Local authority" means the same as defined in section
 41 21 717B.1.
 41 22    8.  "Promoter" means a person who charges admission for
 41 23 entry into an establishment or organizes, holds, advertises,
 41 24 or otherwise conducts a contest event.
 41 25    9.  "Spectator" means a person who attends an establishment
 41 26 for purposes of witnessing a contest event.
 41 27    10.  "Trainer" means a person who trains a contest animal
 41 28 for purposes of engaging in a contest event, regardless of
 41 29 where the contest event is located.  A trainer includes a
 41 30 person who uses a contest device.
 41 31    11.  "Transporter" means a person who moves a contest
 41 32 animal for delivery to a training location or a contest event
 41 33 location.
 41 34    Sec. 115.  Section 802.5, Code 2003, is amended to read as
 41 35 follows:
 42  1    802.5  EXTENSION FOR FRAUD, FIDUCIARY BREACH.
 42  2    If the period periods prescribed in sections 802.3 and
 42  3 802.4 has have expired, prosecution may nevertheless be
 42  4 commenced for any offense a material element of which is
 42  5 either fraud or a breach of fiduciary obligation within one
 42  6 year after discovery of the offense by an aggrieved party or
 42  7 by a person who has legal duty to represent an aggrieved party
 42  8 and who is not a party to the offense, but in no case shall
 42  9 this provision extend the period of limitation otherwise
 42 10 applicable by more than three years.
 42 11    Sec. 116.  Section 805.8A, subsection 3, paragraph e, Code
 42 12 2003, is amended to read as follows:
 42 13    e.  For a violation of section 321.430, the scheduled
 42 14 violation fine is thirty-five dollars.
 42 15    Sec. 117.  Section 805.8A, subsection 4, paragraph b, Code
 42 16 2003, is amended to read as follows:
 42 17    b.  For a violation of section 321.216, the scheduled
 42 18 violation fine is seventy-five dollars.
 42 19    Sec. 118.  Section 805.8A, subsection 10, paragraph b, Code
 42 20 2003, is amended to read as follows:
 42 21    b.  For a violation under section 321.372, subsection 3,
 42 22 the scheduled violation fine is one hundred dollars.
 42 23    Sec. 119.  Section 809A.14, subsection 4, unnumbered
 42 24 paragraph 1, Code 2003, is amended to read as follows:
 42 25    Notice of the issuance of a temporary restraining order and
 42 26 an opportunity for a hearing shall be given to persons known
 42 27 to have an interest in the property.  A hearing shall be held
 42 28 at the earliest possible date in accordance with R.C.P. 326
 42 29 rule of civil procedure 1.1507, and shall be limited to the
 42 30 following issues:
 42 31    Sec. 120.  Section 907B.2, Article I, subsection 7, Code
 42 32 2003, is amended to read as follows:
 42 33    7.  MEMBER.  "Member" means the commissioner of a
 42 34 compacting state or a designee, who shall be a person
 42 35 officially connected with the commissioner.
 43  1    Sec. 121.  Section 907B.2, Article IV, subsection 10, Code
 43  2 2003, is amended to read as follows:
 43  3    10.  To accept any and all donations and grants of money,
 43  4 equipment, supplies, materials, and services, and to receive,
 43  5 utilize, and dispose of the same.
 43  6    Sec. 122.  Section 907B.2, Article VII, subsection 7,
 43  7 paragraph j, Code 2003, is amended to read as follows:
 43  8    j.  Mediation, arbitration and dispute resolution.  The
 43  9 existing rules governing the operation of the previous compact
 43 10 superseded by this Act compact shall be null and void twelve
 43 11 months after the first meeting of the interstate commission
 43 12 created hereunder.
 43 13    Sec. 123.  2002 Iowa Acts, chapter 1017, section 4, is
 43 14 amended to read as follows:
 43 15    SEC. 4.  Section 331.602, subsection 13, Code Supplement
 43 16 2001, is amended by striking the subsection.
 43 17    Sec. 124.  2002 Iowa Acts, chapter 1093, section 3, is
 43 18 amended by striking the section and inserting in lieu thereof
 43 19 the following:
 43 20    SEC. 3.  Section 166D.10, subsection 4, paragraph b,
 43 21 subparagraph (2), subparagraph subdivision (a), unnumbered
 43 22 paragraph 1, Code 2001, is amended to read as follows:
 43 23    Except as provided in this subparagraph, the owner of swine
 43 24 shall vaccinate the swine with a modified-live differentiable
 43 25 vaccine, prior to moving swine into the stage II county.  A
 43 26 statistical sampling of the swine moved into a herd as
 43 27 provided in this subparagraph shall be tested using a
 43 28 differentiable test within thirty days after the swine is
 43 29 moved to a herd in this state.  If a swine reacts positively
 43 30 to the test, the herd is an infected herd.  A person is not
 43 31 required to vaccinate swine prior to moving swine into the
 43 32 stage II county or test the swine after the swine has been
 43 33 moved to a herd in the stage II county, if one of the
 43 34 following applies:
 43 35    Sec. 125.  2002 Iowa Acts, chapter 1119, section 108, is
 44  1 amended to read as follows:
 44  2    SEC. 108.  Section 229.26, Code Supplement 2001, is amended
 44  3 by striking the words "third edition,".
 44  4    Sec. 126.  2002 Iowa Acts, chapter 1132, section 9, is
 44  5 amended by striking the section and inserting in lieu thereof
 44  6 the following:
 44  7    SEC. 9.  Section 368.11, unnumbered paragraph 4, Code
 44  8 Supplement 2001, is amended to read as follows:
 44  9    At least ten fourteen business days before a petition for
 44 10 involuntary annexation is filed as provided in this section,
 44 11 the petitioner shall make its intention known by sending a
 44 12 letter of intent by certified mail to the council of each city
 44 13 whose urbanized area contains a portion of the territory, the
 44 14 board of supervisors of each county which contains a portion
 44 15 of the territory, the regional planning authority of the
 44 16 territory involved, each affected public utility, and to each
 44 17 property owner listed in the petition.  The written
 44 18 notification shall include notice that the petitioners shall
 44 19 hold a public meeting on the petition for involuntary
 44 20 annexation prior to the filing of the petition.
 44 21    Sec. 127.  2002 Iowa Acts, chapter 1140, section 28, is
 44 22 amended by striking the section and inserting in lieu thereof
 44 23 the following:
 44 24    SEC. 28.  Section 285.12, Code Supplement 2001, is amended
 44 25 to read as follows:
 44 26    285.12  DISPUTES – HEARINGS AND APPEALS.
 44 27    In the event of a disagreement between a school patron and
 44 28 the board of the school district, the patron if dissatisfied
 44 29 with the decision of the district board, may appeal the same
 44 30 to the area education agency board, notifying the secretary of
 44 31 the district in writing within ten days of the decision of the
 44 32 board and by filing an affidavit of appeal with the agency
 44 33 board within the ten-day period.  The affidavit of appeal
 44 34 shall include the reasons for the appeal and points at issue.
 44 35 The secretary of the local board on receiving notice of appeal
 45  1 shall certify all papers to the agency board which shall hear
 45  2 the appeal within ten days of the receipt of the papers and
 45  3 decide it within three days of the conclusion of the hearing
 45  4 and shall immediately notify all parties of its decision.
 45  5 Either party may appeal the decision of the agency board to
 45  6 the director of the department of education by notifying the
 45  7 opposite party and the agency administrator in writing within
 45  8 five days after receipt of notice of the decision of the
 45  9 agency board and by filing with the director of the department
 45 10 of education an affidavit of appeal, reasons for appeal, and
 45 11 the facts involved in the disagreement within five days after
 45 12 receipt of notice of the decision of the agency board.  The
 45 13 agency administrator shall, within ten days of said receipt of
 45 14 the notice, file with the director all records and papers
 45 15 pertaining to the case, including action of the agency board.
 45 16 The director shall hear the appeal within fifteen days of the
 45 17 filing of the records in the director's office, notifying all
 45 18 parties and the agency administrator of the date and time of
 45 19 hearing.  The director shall forthwith decide the same and
 45 20 notify all parties of the decision and return all papers with
 45 21 a copy of the decision to the agency administrator.  The
 45 22 decision of the director shall be subject to judicial review
 45 23 in accordance with the terms of the Iowa administrative
 45 24 procedure Act chapter 17A.  Pending final order made by the
 45 25 director, upon any appeal prosecuted to such director, the
 45 26 order of the agency board from which the appeal is taken shall
 45 27 be operative and be in full force and effect.
 45 28    Sec. 128.  2002 Iowa Acts, chapter 1149, section 2, is
 45 29 amended by striking the section and inserting in lieu thereof
 45 30 the following:
 45 31    SEC. 2.  Section 137F.6, Code 2001, is amended by adding
 45 32 the following new subsection:
 45 33    NEW SUBSECTION.  7.  For a farmers market where potentially
 45 34 hazardous food is sold or distributed, one seasonal license
 45 35 fee of one hundred dollars for each vendor on a countywide
 46  1 basis.
 46  2    Sec. 129.  2002 Iowa Acts, chapter 1175, section 41, the
 46  3 bill section amending clause, is amended to read as follows:
 46  4    Section 546.10, subsection 3, unnumbered paragraph 2, if
 46  5 enacted by 2002 Iowa Acts, Senate File 2326, section 32, is
 46  6 amended to read as follows:
 46  7    Sec. 130.  2001 Iowa Acts, chapter 55, section 31, is
 46  8 amended by striking the section and inserting in lieu thereof
 46  9 the following:
 46 10    SEC. 31.  Section 502.102, subsection 11, paragraph c,
 46 11 subparagraphs (3) and (4), Code 2001, are amended to read as
 46 12 follows:
 46 13    (3)  An attorney licensed to practice law in this state, a
 46 14 certified public accountant licensed pursuant to chapter 542C
 46 15 542D, a professional engineer licensed pursuant to chapter
 46 16 542B, or a certified teacher, if the person's performance of
 46 17 these services is solely incidental to the practice of the
 46 18 person's profession.
 46 19    (4)  An attorney licensed to practice law in this state or
 46 20 a certified public accountant licensed pursuant to chapter
 46 21 542C 542D who does not do any of the following:
 46 22    (a)  Exercise investment discretion regarding the assets of
 46 23 a client or maintain custody of the assets of a client for the
 46 24 purpose of investing the assets, except when the person is
 46 25 acting as a bona fide fiduciary in a capacity such as an
 46 26 executor, administrator, trustee, estate or trust agent,
 46 27 guardian, or conservator.
 46 28    (b)  Accept or receive directly or indirectly any
 46 29 commission, fee, or other remuneration contingent upon the
 46 30 purchase or sale of any specific security by a client of such
 46 31 person.
 46 32    (c)  Provide advice regarding the purchase or sale of
 46 33 specific securities.  However, this subparagraph subdivision
 46 34 (c) shall not apply when the advice about specific securities
 46 35 is based on a financial statement analysis or tax
 47  1 considerations that are reasonably related to and in
 47  2 connection with the person's profession.
 47  3    Sec. 131.  Sections 513C.3, 514E.1, 514I.1 through 514I.9,
 47  4 and 514I.11, Code 2003, are amended by striking the term
 47  5 "HAWK-I" and inserting in lieu thereof the term "hawk-i".  The
 47  6 Code editor is directed to replace the term "HAWK-I" with the
 47  7 term "hawk-i" in any other statute contained in the 2003 Code
 47  8 or which is amended or enacted in other legislation enacted
 47  9 during the 2003 Session of the 80th General Assembly.  The
 47 10 Code editor is further directed to make the same replacement
 47 11 in statutes appearing in any legislation that was enacted
 47 12 prior to the 2003 Session of the 80th General Assembly, but
 47 13 that will be codified on or after the effective date of this
 47 14 Act.
 47 15    Sec. 132.  RETROACTIVE APPLICABILITY AND EFFECTIVE DATES.
 47 16    1.  The amendment in this Act to section 29A.90, subsection
 47 17 3, Code 2003, is retroactively applicable to April 22, 2002.
 47 18    2.  The section of this Act amending 2002 Iowa Acts,
 47 19 chapter 1093, section 3, takes effect upon enactment and is
 47 20 retroactively applicable to April 8, 2002.
 47 21    3.  The sections of this Act amending 2002 Iowa Acts,
 47 22 chapter 1119, section 108 and 2002 Iowa Acts, chapter 1132,
 47 23 section 9, take effect upon enactment and are retroactively
 47 24 applicable to July 1, 2002.
 47 25    4.  The sections of this Act amending 2002 Iowa Acts,
 47 26 chapter 1140, section 28 and 2002 Iowa Acts, chapter 1149,
 47 27 section 2, take effect upon enactment and are retroactively
 47 28 applicable to May 2, 2002.
 47 29    5.  This section is effective upon enactment.  
 47 30 
 47 31 
 47 32                                                             
 47 33                               CHRISTOPHER C. RANTS
 47 34                               Speaker of the House
 47 35 
 48  1 
 48  2                                                             
 48  3                               MARY E. KRAMER
 48  4                               President of the Senate
 48  5 
 48  6    I hereby certify that this bill originated in the House and
 48  7 is known as House File 171, Eightieth General Assembly.
 48  8 
 48  9 
 48 10                                                             
 48 11                               MARGARET THOMSON
 48 12                               Chief Clerk of the House
 48 13 Approved                , 2003
 48 14 
 48 15 
 48 16                            
 48 17 THOMAS J. VILSACK
 48 18 Governor
     
Text: HF00170                           Text: HF00172
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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