Text: HF02206 Text: HF02208 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2207 1 2 1 3 AN ACT 1 4 RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE TO 1 5 REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE 1 6 REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE, 1 7 RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING PRO- 1 8 VISIONS, OR REMOVE AMBIGUITIES, AND INCLUDING EFFECTIVE AND 1 9 RETROACTIVE APPLICABILITY DATE PROVISIONS. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 2A.8, Code Supplement 2003, is amended 1 14 to read as follows: 1 15 2A.8 SALES TAX EXEMPTIONAUTHORIZED. 1 161.The legislative services agency and its legislative 1 17 information office may sell mementos and other items relating 1 18 to Iowa history and historic sites, the general assembly, and 1 19 the state capitol, on the premises of property under the 1 20 control of the legislative council, at the state capitol, and 1 21 on other state property. 1 222. The legislative services agency is not a retailer under1 23chapter 422 and the sale of items or provision of services by1 24the legislative services agency is not a retail sale under1 25chapter 422, division IV, and is exempt from the sales tax.1 26 Sec. 2. Section 3.1, subsection 3, Code Supplement 2003, 1 27 is amended to read as follows: 1 28 3. All references to statutes shall be expressed in 1 29 numerals, and if omitted the Code editor in preparing Acts for1 30publication in the session laws shall supply the numerals. 1 31 Sec. 3. Section 8A.221, subsection 3, paragraph b, Code 1 32 Supplement 2003, is amended to read as follows: 1 33 b. Members appointed by the governor are subject to 1 34 confirmation by the senate and shall serve four-year staggered 1 35 terms as designated by the governor. The advisory council 2 1 shall annually elect its own chairperson from among the voting 2 2 members of theboardcouncil. Members appointed by the 2 3 governor are subject to the requirements of sections 69.16, 2 4 69.16A, and 69.19. Members appointed by the governor shall be 2 5 reimbursed for actual and necessary expenses incurred in 2 6 performance of their duties. Such members may also be 2 7 eligible to receive compensation as provided in section 7E.6. 2 8 Sec. 4. Section 8A.302, subsection 2, Code Supplement 2 9 2003, is amended to read as follows: 2 10 2. Providing for the proper maintenance of the state 2 11 laboratories facility in Ankeny and of the state capitol, 2 12 grounds, and equipment, and all other state buildings,and2 13 grounds, and equipment at the seat of government,and of the2 14state laboratories facility in Ankeny,except those referred 2 15 to in section 216B.3, subsection 6. 2 16 Sec. 5. Section 8A.311, subsection 17, Code Supplement 2 17 2003, is amended by striking the subsection. 2 18 Sec. 6. Section 8A.315, subsection 1, paragraph c, Code 2 19 Supplement 2003, is amended to read as follows: 2 20 c. A minimum often percent of the purchases of garbage2 21can liners made by the department shall be plastic garbage can2 22liners with recycled content. The percentage shall increase2 23by ten percent annually untilfifty percent of the purchases 2 24 of garbage can linersaremade by the department shall be 2 25 plastic garbage can liners with recycled content. 2 26 Sec. 7. Section 8A.321, subsection 1, Code Supplement 2 27 2003, is amended to read as follows: 2 28 1. Provide for supervision over the custodians and other 2 29 employees of the department in and about the state 2 30 laboratories facility in Ankeny and in and about the capitol 2 31 and other state buildings, and the state laboratories facility2 32in Ankenyat the seat of government, except the buildings and 2 33 grounds referred to in section 216B.3, subsection 6, at the2 34seat of government. 2 35 Sec. 8. Section 8A.322, subsection 1, Code Supplement 3 1 2003, is amended to read as follows: 3 2 1. The director shall provide necessary lighting, fuel, 3 3 and water services for the state laboratories facility in 3 4 Ankeny and for the state buildings and grounds located at the 3 5 seat of government,and for the state laboratories facility in3 6Ankeny,except the buildings and grounds referred to in 3 7 section 216B.3, subsection 6. 3 8 Sec. 9. Section 8A.412, subsection 5, Code Supplement 3 9 2003, is amended to read as follows: 3 10 5. All presidents, deans, directors, teachers, 3 11 professional and scientific personnel, and student employees 3 12 under the jurisdiction of the state board of regents. The 3 13 state board of regents shall adopt rules not inconsistent with 3 14 the objectives of thischaptersubchapter for all of its 3 15 employees not cited specifically in this subsection. The 3 16 rules are subject to approval by the director. If at any time 3 17 the director determines that the state board of regents merit 3 18 system rules do not comply with the intent of thischapter3 19 subchapter, the director may direct the board to correct the 3 20 rules. The rules of the board are not in compliance until the 3 21 corrections are made. 3 22 Sec. 10. Section 10C.1, subsections 2 and 8, Code 3 23 Supplement 2003, are amended to read as follows: 3 24 2. "Agricultural commodity"means the same as defined in3 25section 190C.1includes but is not limited to livestock, 3 26 crops, fiber, or food, such as vegetables, nuts, seeds, honey, 3 27 eggs, or milk existing in an unprocessed state, which is 3 28 produced on a farm and marketed for human or livestock 3 29 consumption. 3 30 8. "Life science by-product" meansaan agricultural 3 31 commodity, other than a life science product, if the 3 32 agricultural commodity derives from the production of a life 3 33 science product and the agricultural commodity is not intended 3 34 or used for human consumption. 3 35 Sec. 11. Section 12B.3, Code Supplement 2003, is amended 4 1 to read as follows: 4 2 12B.3 DISCOUNTING WARRANTS. 4 3 If the treasurer of state or any county treasurer, 4 4 personally or through another, discounts the director of 4 5revenue'sthe department of administrative services' or 4 6 auditor's warrants, either directly or indirectly, the 4 7 treasurer shall be guilty of a serious misdemeanor. 4 8 Sec. 12. Section 15.313, subsection 1, paragraph b, 4 9 unnumbered paragraph 1, Code Supplement 2003, is amended to 4 10 read as follows: 4 11 All unencumbered and unobligated funds from the targeted 4 12 small business financial assistance program, the 4 13microenterprise development revolving fund,financing rural 4 14 economic development or successor loan program, and the value- 4 15 added agricultural products and processes financial assistance 4 16 fund remaining on June 30, 1992, and all repayments of loans 4 17 or other awards or recaptures of awards made under these 4 18 programs. 4 19 Sec. 13. Section 23A.2, subsection 10, paragraph p, Code 4 20 Supplement 2003, is amended by striking the paragraph. 4 21 Sec. 14. Section 68A.602, Code Supplement 2003, is amended 4 22 to read as follows: 4 23 68A.602 FUND CREATED. 4 24 The "Iowa election campaign fund" is created within the 4 25 office of the treasurer of state. The fund shall consist of 4 26 funds paid by persons as provided in section 68A.601. The 4 27 treasurer of state shall maintain within the fund a separate 4 28 account for each political party as defined in section 43.2. 4 29 The director of revenue shall remit funds collected as 4 30 provided in section 68A.601 to the treasurer of state who 4 31 shall deposit such funds in the appropriate account within the 4 32 Iowa election campaign fund. All contributions directed to 4 33 the Iowa election campaign fund by taxpayers who do not 4 34 designate any one political party to receive their 4 35 contributions shall be divided by the director of revenue 5 1 equally among each account currently maintained in the fund. 5 2 However, at any time when more than two accounts are being 5 3 maintained within the fund contributions to the fund by 5 4 taxpayers who do not designate any one political party to 5 5 receive their contributions shall be divided among the 5 6 accounts in the same proportion as the number of registered 5 7 voters declaring affiliation with each political party for 5 8 which an account is maintained bears to the total number of 5 9 registered voters who have declared an affiliation with a 5 10 political party. Any interest income received by the 5 11 treasurer of state from investment of moneys deposited in the 5 12 fund shall be deposited in the Iowa election campaign fund. 5 13 Such funds shall be subject to payment to the chairperson of 5 14 the specified political party as authorized by the director of 5 15 revenue on warrants issued by the director ofrevenuethe 5 16 department of administrative services in the manner provided 5 17 by section 68A.605. 5 18 Sec. 15. Section 97A.8, subsection 1, paragraph i, 5 19 subparagraph (1), Code Supplement 2003, is amended to read as 5 20 follows: 5 21 (1) Notwithstanding paragraph "g" or other provisions of 5 22 this chapter, beginning January 1, 1995, for federal income 5 23 tax purposes, and beginning January 1, 1999, for state income 5 24 tax purposes, member contributions required under paragraph 5 25 "f" or "h" which are picked up by the department shall be 5 26 considered employer contributions for federal and state income 5 27 tax purposes, and the department shall pick up the member 5 28 contributions to be made under paragraph "f" or "h" by its 5 29 employees. The department shall pick up these contributions 5 30 by reducing the salary of each of its employees covered by 5 31 this chapter by the amount which each employee is required to 5 32 contribute under paragraph "f" or "h" and shall certify the 5 33 amount picked up in lieu of the member contributions to the 5 34 department ofrevenueadministrative services. The department 5 35 ofrevenueadministrative services shall forward the amount of 6 1 the contributions picked up to the board of trustees for 6 2 recording and deposit in the pension accumulation fund. 6 3 Sec. 16. Section 97B.50, subsection 2, paragraph c, Code 6 4 Supplement 2003, is amended to read as follows: 6 5 c. A vested member who terminated service due to a 6 6 disability, who has been issued payment for a refund pursuant 6 7 to section 97B.53, and who subsequently commences receiving 6 8 disability benefits as a result of that disability pursuant to 6 9 the federal Social Security Act, 42 U.S.C. } 423 et seq. or 6 10 the federal Railroad Retirement Act, 45 U.S.C. } 231 et seq., 6 11 may receive credit for membership service for the period 6 12 covered by the refund payment, upon repayment to the system of 6 13 the actuarial cost of receiving service credit for the period 6 14 covered by the refund payment, as determined by the system. 6 15 For purposes of this paragraph, the actuarial cost of the 6 16 service purchase shall be determined as provided in section 6 17 97B.74. The payment to the system as provided in this 6 18 paragraph shall be made within ninety days after July 1, 2000, 6 19 or the date federal disability payments commenced, whichever 6 20 occurs later. For purposes of this paragraph, the date 6 21 federal disability payments commence shall be the date that 6 22 the member actually receives the first such payment, 6 23 regardless of any retroactive payments included in that 6 24 payment. A member who repurchases service credit under this 6 25 paragraph and applies for retirement benefits shall have the 6 26 member's monthly allowance, including retroactive adjustment 6 27 payments, determined in the same manner as provided in 6 28 paragraph "a" or "b", as applicable.This paragraph shall not6 29be implemented until the system has received a determination6 30letter from the federal internal revenue service approving the6 31system's plan's qualified status under Internal Revenue Code6 32section 401(a).6 33 Sec. 17. Section 97B.50A, subsection 10, paragraph a, 6 34 subparagraphs (1) and (2), Code Supplement 2003, are amended 6 35 to read as follows: 7 1 (1) The system shall be indemnified out of the recovery of 7 2 damages to the extent of benefit payments made by the 7 3 retirement system, with legal interest, except that the 7 4 plaintiff member's attorney fees may be first allowed by the 7 5 district court. 7 6 (2) The system has a lien on the damage claim against the 7 7 third party and on any judgment on the damage claim for 7 8 benefits for which the retirement system is liable. In order 7 9 to continue and preserve the lien, the system shall file a 7 10 notice of the lien within thirty days after receiving a copy 7 11 of the original notice in the office of the clerk of the 7 12 district court in which the action is filed. 7 13 Sec. 18. Section 97B.50A, subsection 10, paragraph b, 7 14 subparagraphs (1) and (2), Code Supplement 2003, are amended 7 15 to read as follows: 7 16 (1) A sum sufficient to repay the system for the amount of 7 17 such benefits actually paid by the retirement system up to the 7 18 time of the entering of the judgment. 7 19 (2) A sum sufficient to pay the system the present worth, 7 20 computed at the interest rate provided in section 535.3 for 7 21 court judgments and decrees, of the future payments of such 7 22 benefits for which the retirement system is liable, but the 7 23 sum is not a final adjudication of the future payment which 7 24 the member is entitled to receive. 7 25 Sec. 19. Section 99G.8, subsection 11, Code Supplement 7 26 2003, is amended to read as follows: 7 27 11. The board shall meet at least quarterly and at such 7 28 other times upon call of the chairperson or thepresident7 29 chief executive officer. Notice of the time and place of each 7 30 board meeting shall be given to each member. The board shall 7 31 also meet upon call of three or more of the board members. 7 32 The board shall keep accurate and complete records of all its 7 33 meetings. 7 34 Sec. 20. Section 99G.31, subsection 1, Code Supplement 7 35 2003, is amended to read as follows: 8 1 1. The chief executive officer shall award the designated 8 2 prize to the holder of the ticket orshareholdershare upon 8 3 presentation of the winning ticket or confirmation of a 8 4 winning share. The prize shall be given to only one person as 8 5 provided in this section; however, a prize shall be divided 8 6 between holders of winning tickets if there is more than one 8 7 winning ticket. 8 8 Sec. 21. Section 99G.34, subsection 8, Code Supplement 8 9 2003, is amended to read as follows: 8 10 8. Information that is otherwise confidential obtained 8 11 pursuant to investigations as provided in section 99G.35. 8 12 Sec. 22. Section 147.107, subsection 7, Code Supplement 8 13 2003, is amended by striking the subsection. 8 14 Sec. 23. Section 148C.1, subsection 4, Code Supplement 8 15 2003, is amended to read as follows: 8 16 4. "Licensed physician assistant" means a person who is 8 17 licensed by the board to practice as a physician assistant 8 18 under the supervision of one or more physiciansspecified in8 19the license. "Supervision" does not require the personal 8 20 presence of the supervising physician at the place where 8 21 medical services are rendered except insofar as the personal 8 22 presence is expressly required by this chapter or required by 8 23 rules of the board adopted pursuant to this chapter. 8 24 Sec. 24. Section 148C.3, subsection 2, Code Supplement 8 25 2003, is amended to read as follows: 8 26 2. Rules shall be adopted by the board pursuant to this 8 27 chapter requiring a licensed physician assistant to be 8 28 supervised by physicians. The rules shall provide that not 8 29 more than two physician assistants shall be supervised by a 8 30 physician at one time. The rules shall also provide that a 8 31 physician assistant shall notify the board of the identity of 8 32theirthe physician assistant's supervising physician, and of 8 33 any change in the status of the supervisory relationship. 8 34 Sec. 25. Section 159.34, subsection 1, Code Supplement 8 35 2003, is amended to read as follows: 9 1 1. A contract executed under this subchapter may require 9 2 that a depositary provide for the receipt, acceptance, and 9 3 storage of filing documents that are sent in an electronic 9 4 format to the depositary by persons who would otherwise be 9 5 required to submit filing documents to the department under 9 6 other provisions of this title. The contract shall be 9 7 governed under the same provisions as provided in section 9 814B.2028A.106. 9 9 Sec. 26. Section 161C.7, subsection 1, Code Supplement 9 10 2003, is amended by striking the subsection. 9 11 Sec. 27. Section 163.30, subsection 2, paragraph a, Code 9 12 Supplement 2003, is amended to read as follows: 9 13 a. "Dealer" means any person who is engaged in the 9 14 business of buying for resale, or selling, or exchanging swine 9 15 as a principal or agent or who claims to be so engaged, but 9 16 does not include the owner or operator of a farm who does not 9 17 claim to be so engaged,and who sells or exchanges only those 9 18 swine which have been kept by the person solely for feeding or 9 19 breeding purposes. 9 20 Sec. 28. Section 232.95, subsection 2, Code 2003, is 9 21 amended by adding the following new paragraphs: 9 22 NEW PARAGRAPH. b. Release the child to the child's 9 23 parent, guardian, or custodian pending a final order of 9 24 disposition. 9 25 NEW PARAGRAPH. c. Authorize a physician or hospital to 9 26 provide medical or surgical procedures if such procedures are 9 27 necessary to safeguard the child's life or health. 9 28 Sec. 29. Section 232B.10, subsection 1, Code Supplement 9 29 2003, is amended to read as follows: 9 30 1. For the purposes of thissectionchapter, unless the 9 31 context otherwise requires, a "qualified expert witness" may 9 32 include, but is not limited to, a social worker, sociologist, 9 33 physician, psychologist, traditional tribal therapist and 9 34 healer, spiritual leader, historian, or elder. 9 35 Sec. 30. Section 257.26, Code Supplement 2003, is amended 10 1 to read as follows: 10 2 257.26 INSTRUCTIONAL SUPPORT INCOME SURTAX DISTRIBUTION. 10 3 The director ofrevenuethe department of administrative 10 4 services shall draw warrants in payment of the amount of 10 5 instructional support surtax in the manner provided in section 10 6 298.14. 10 7 Sec. 31. Section 260G.4B, subsection 1, Code Supplement 10 8 2003, is amended to read as follows: 10 9 1. The total amount of program job credits from all 10 10 employers which shall be allocated for all accelerated career 10 11 education programs in the state in any one fiscal year shall 10 12 not exceed the sum of three million dollars in the fiscal year 10 13 beginning July 1, 2000, three million dollars in the fiscal 10 14 year beginning July 1, 2001, three million dollars in the 10 15 fiscal year beginning July 1, 2002, four million dollars in 10 16 the fiscal year beginning July 1, 2003, and six million 10 17 dollars in the fiscal year beginning July 1, 2004, and every 10 18 fiscal year thereafter. Any increase in program job credits 10 19 above the six-million-dollar limitation per fiscal year shall 10 20 be developed, based on recommendations in a studywhich shall10 21beconducted by the department of economic development, 10 22 pursuant to this section, Code Supplement 2003, of the needs 10 23 and performance of approved programs in the fiscal years 10 24 beginning July 1, 2000, and July 1, 2001.The study's10 25findings and recommendations shall be submitted to the general10 26assembly by the department by December 31, 2002. The study10 27shall include but not be limited to an examination of the10 28quality of the programs, the number of program participant10 29placements, the wages and benefits in program jobs, the level10 30of employer contributions, the size of participating10 31employers, and employer locations.A community college shall 10 32 file a copy of each agreement with the department of economic 10 33 development. The department shall maintain an annual record 10 34 of the proposed program job credits under each agreement for 10 35 each fiscal year. Upon receiving a copy of an agreement, the 11 1 department shall allocate any available amount of program job 11 2 credits to the community college according to the agreement 11 3 sufficient for the fiscal year and for the term of the 11 4 agreement. When the total available program job credits are 11 5 allocated for a fiscal year, the department shall notify all 11 6 community colleges that the maximum amount has been allocated 11 7 and that further program job credits will not be available for 11 8 the remainder of the fiscal year. Once program job credits 11 9 have been allocated to a community college, the full 11 10 allocation shall be received by the community college 11 11 throughout the fiscal year and for the term of the agreement 11 12 even if the statewide program job credit maximum amount is 11 13 subsequently allocated and used. 11 14 Sec. 32. Section 282.33, subsection 1, Code Supplement 11 15 2003, is amended to read as follows: 11 16 1. A child who resides in an institution for children 11 17 under the jurisdiction of the director of human services 11 18 referred to in section 218.1, subsection 3, 5, 7, or 8, and 11 19 who is not enrolled in the educational program of the district 11 20 of residence of the child, shall receive appropriate 11 21 educational services. The institution in which the child 11 22 resides shall submit a proposed program and budget based on 11 23 the average daily attendance of the children residing in the 11 24 institution to the department of education and the department 11 25 of human services by January 1 for the next succeeding school 11 26 year. The department of education shall review and approve or 11 27 modify the proposed program and budget and shall notify the 11 28 department ofrevenueadministrative services of its action by 11 29 February 1. The department ofrevenueadministrative services 11 30 shall pay the approved budget amount to the department of 11 31 human services in monthly installments beginning September 15 11 32 and ending June 15 of the next succeeding school year. The 11 33 installments shall be as nearly equal as possible as 11 34 determined by the department ofrevenueadministrative 11 35 services, taking into consideration the relative budget and 12 1 cash position of the state's resources. The department of 12 2revenueadministrative services shall pay the approved budget 12 3 amount for the department of human services from the moneys 12 4 appropriated under section 257.16 and the department of human 12 5 services shall distribute the payment to the institution. The 12 6 institution shall submit an accounting for the actual cost of 12 7 the program to the department of education by August 1 of the 12 8 following school year. The department shall review and 12 9 approve or modify all expenditures incurred in compliance with 12 10 the guidelines adopted pursuant to section 256.7, subsection 12 11 10, and shall notify the department ofrevenueadministrative 12 12 services of the approved accounting amount. The approved 12 13 accounting amount shall be compared with any amounts paid by 12 14 the department ofrevenueadministrative services to the 12 15 department of human services and any differences added to or 12 16 subtracted from the October payment made under this subsection 12 17 for the next school year. Any amount paid by the department 12 18 ofrevenueadministrative services shall be deducted monthly 12 19 from the state foundation aid paid under section 257.16 to all 12 20 school districts in the state during the subsequent fiscal 12 21 year. The portion of the total amount of the approved budget 12 22 that shall be deducted from the state aid of a school district 12 23 shall be the same as the ratio that the budget enrollment for 12 24 the budget year of the school district bears to the total 12 25 budget enrollment in the state for that budget year in which 12 26 the deduction is made. 12 27 Sec. 33. Section 301.1, subsection 2, Code Supplement 12 28 2003, is amended to read as follows: 12 29 2. Textbooks adopted and purchased by a school district 12 30 shall, to the extent funds are appropriated by the general 12 31 assembly, be made available to pupils attending accredited 12 32 nonpublic schools upon request of the pupil or the pupil's 12 33 parent under comparable terms as made available to pupils 12 34 attending public schools. If the general assembly 12 35 appropriates moneys for purposes of making textbooks available 13 1 to accredited nonpublic school pupils, the department of 13 2 education shall ascertain the amount available to a school 13 3 district for the purchase of nonsectarian, nonreligious 13 4 textbooks for pupils attending accredited nonpublic schools. 13 5 The amount shall be in the proportion that the basic 13 6 enrollment of a participating accredited nonpublic school 13 7 bears to the sum of the basic enrollments of all participating 13 8 accredited nonpublic schools in the state for the budget year. 13 9 For purposes of this section, a "participating accredited 13 10 nonpublic school" means an accredited nonpublic school that 13 11 submits a written request on behalf of the school's pupils in 13 12 accordance with this subsection, and that certifies its actual 13 13 enrollment to the department of education by October 1, 13 14 annually. By October 15, annually, the department of 13 15 education shall certify to the director ofrevenuethe 13 16 department of administrative services the annual amount to be 13 17 paid to each school district, and the director ofrevenuethe 13 18 department of administrative services shall draw warrants 13 19 payable to school districts in accordance with this 13 20 subsection. For purposes of this subsection, an accredited 13 21 nonpublic school's enrollment count shall include only 13 22 students who are residents of Iowa. The costs of providing 13 23 textbooks to accredited nonpublic school pupils as provided in 13 24 this subsection shall not be included in the computation of 13 25 district cost under chapter 257, but shall be shown in the 13 26 budget as an expense from miscellaneous income. Textbook 13 27 expenditures made in accordance with this subsection shall be 13 28 kept on file in the school district. 13 29 Sec. 34. Section 304A.29, Code Supplement 2003, is amended 13 30 to read as follows: 13 31 304A.29 CLAIMS. 13 32 1. Claims for losses covered by indemnity agreements under 13 33 this division shall be submitted to the department of 13 34 administrative services which shall review the claims. If the 13 35 department determines that the loss is covered by the 14 1 agreement, the department shall certify the validity of the 14 2 claim,andauthorize payment of the amount of loss, less any 14 3 deductible portion, to the lender, and issue a warrant for 14 4 payment of the claim from the state general fund out of any 14 5 funds not otherwise appropriated. 14 6 2. The department shall prescribe rules providing for 14 7 prompt adjustment of valid claims. The rules shall include 14 8 provisions for the employment of consultants and for the 14 9 arbitration of issues relating to the dollar value of damages 14 10 involving less than total loss or destruction of covered 14 11 items. 14 123. The authorization for payment shall be forwarded to the14 13director of the department of administrative services, who14 14shall issue a warrant for payment of the claim from the state14 15general fund out of any funds not otherwise appropriated.14 16 Sec. 35. Section 321.91, subsection 2, Code 2003, is 14 17 amended to read as follows: 14 18 2. A personconvicted of a violation of this sectionwho 14 19 abandons a vehicle is guilty of a simple misdemeanor 14 20 punishable as a scheduled violation under section 805.8A, 14 21 subsection 14, paragraph "b". 14 22 Sec. 36. Section 321.210B, Code Supplement 2003, is 14 23 amended to read as follows: 14 24 321.210B NONRENEWAL OR SUSPENSION FOR FAILURE TO PAY 14 25 INDEBTEDNESS OWED TO THE STATE. 14 26 The department shall suspend or refuse to renew the 14 27 driver's license of a person who has a delinquent account owed 14 28 to the state according to records provided by the department 14 29 of revenue pursuant to section 421.17. A license shall be 14 30 suspended or shall not be renewed until such time as the 14 31 department ofadministrative servicesrevenue notifies the 14 32 state department of transportation that the licensee has made 14 33 arrangements for payment of the debt with the agency which is 14 34 owed or is collecting the debt. This section is only 14 35 applicable to those persons residing in a county which is 15 1 participating in the driver's license indebtedness clearance 15 2 pilot project. 15 3 Sec. 37. Section 331.304, subsection 10, Code 2003, is 15 4 amended to read as follows: 15 5 10. A county shall not adopt or enforce any ordinance 15 6 imposing any registration or licensing system or registration 15 7 or license fees for owner-occupied manufactured or mobile 15 8 homes including the lots or lands upon which they are located. 15 9 A county shall not adopt or enforce any ordinance imposing any 15 10 registration or licensing system, or registration or license 15 11 fees, or safety or sanitary standards for rental manufactured 15 12 or mobile homes unless similar registration or licensing 15 13 system, or registration or license fees, or safety or sanitary 15 14 standards are required for other rental properties intended 15 15 for human habitation. This subsection does not preclude the 15 16 investigation and abatement of a nuisance or the enforcement 15 17 of a tiedown system, or the enforcement of any regulations of 15 18 the state or local board of health if those regulations apply 15 19 to other rental properties or to owner-occupied housing 15 20 intended for human habitation. 15 21 Sec. 38. Section 331.559, subsection 1, Code Supplement 15 22 2003, is amended to read as follows: 15 23 1. Determine and collect taxes on mobile homes and 15 24 manufactured homes as provided in sections 435.22 to 435.26. 15 25 Sec. 39. Section 331.602, subsection 29, Code Supplement 15 26 2003, is amended to read as follows: 15 27 29.RegisterRecord the name and description of a farm as 15 28 provided in sections 557.22 to 557.26. 15 29 Sec. 40. Section 331.756, subsection 63, Code Supplement 15 30 2003, is amended to read as follows: 15 31 63. Present to the grand jury at its next session a copy 15 32 of the report filed by thedivisiondepartment of corrections 15 33of the department of human servicesof its inspection of the 15 34 jails in the county as provided in section 356.43. 15 35 Sec. 41. Section 356.7, subsection 1, Code Supplement 16 1 2003, is amended to read as follows: 16 2 1. The county sheriff, or a municipality operating a 16 3 temporary municipal holding facility or jail, may charge a 16 4 prisoner who is eighteen years of age or older and who has 16 5 been convicted of a criminal offense or sentenced for contempt 16 6 of court for violation of a domestic abuse order for the 16 7 actual administrative costs relating to the arrest and booking 16 8 of that prisoner, and for room and board provided to the 16 9 prisoner while in the custody of the county sheriff or 16 10 municipality. Moneys collected by the sheriff or municipality 16 11 under this section shall be credited respectively to the 16 12 county general fund or the city general fund and distributed 16 13 as provided in this section. If a prisoner who has been 16 14 convicted of a criminal offense or sentenced for contempt of 16 15 court for violation of a domestic abuse order fails to pay for 16 16 the administrative costs and the room and board, the sheriff 16 17 or municipality may file aroom and boardreimbursement claim 16 18 with the district court as provided in subsection 2. The 16 19 county attorney may file the reimbursement claim on behalf of 16 20 the sheriff and the county or the municipality. The attorney 16 21 for the municipality may also file a reimbursement claim on 16 22 behalf of the municipality. This section does not apply to 16 23 prisoners who are paying for their room and board by court 16 24 order pursuant to sections 356.26 through 356.35. 16 25 Sec. 42. Section 368.4, Code Supplement 2003, is amended 16 26 to read as follows: 16 27 368.4 ANNEXING MORATORIUM. 16 28 A city, following notice and hearing, may by resolution 16 29 agree with another city or cities to refrain from annexing 16 30 specifically described territory for a period not to exceed 16 31 ten years and, following notice and hearing, may by resolution 16 32 extend the agreement for subsequent periods not to exceed ten 16 33 years each. Notice of a hearing shall be served by regular 16 34 mail at least thirty days before the hearing on the city 16 35 development board and on the board of supervisors of the 17 1 county in which the territory is located and shall be 17 2 published in an official county newspaper in each county 17 3 containing a city conducting a hearing regarding the 17 4 agreement, in an official county newspaper in any county 17 5 within two miles of any such city, and in an official 17 6 newspaper of each city conducting a hearing regarding the 17 7 agreement. The notice shall include the time and place of the 17 8 hearing, describe the territory subject to the proposed 17 9 agreement, and the general terms of the agreement. After 17 10 passage of a resolution by the cities approving the 17 11 agreements, a copy of the agreement and a copy of any 17 12 resolution extending an agreement shall be filed with the city 17 13 development board within ten days of enactment. If such an 17 14 agreement is in force, the board shall dismiss a petition or 17 15 plan which violates the terms of the agreement. 17 16 Sec. 43. Section 368.26, unnumbered paragraph 3, Code 17 17 Supplement 2003, is amended to read as follows: 17 18 For the purposes of this section, "protected farmland" 17 19 means land that is part of a century farm as that term is 17 20 defined in section 403.17, subsection 10."CountyFor the 17 21 purposes of this section, "county legislation" means any 17 22 ordinance, motion, resolution, or amendment adopted by a 17 23 county pursuant to section 331.302. 17 24 Sec. 44. Section 372.4, subsection 3, Code Supplement 17 25 2003, is amended to read as follows: 17 26 3. In a city having a population ofbetweenfive hundred 17 27andor more, but not more than five thousand, the city council 17 28 may, or shall upon petition of the electorate meeting the 17 29 numerical requirements of section 372.2, subsection 1, submit 17 30 a proposal at the next regular or special city election to 17 31 reduce the number of council members to three. If a majority 17 32 of the voters voting on the proposal approves it, the proposal 17 33 is adopted. If the proposal is adopted, the new council shall 17 34 be elected at the next regular or special city election. The 17 35 council shall determine by ordinance whether the three council 18 1 members are elected at large or by ward. 18 2 Sec. 45. Section 422.12D, subsection 4, Code Supplement 18 3 2003, is amended to read as follows: 18 4 4. The department shall adopt rules to implement this 18 5 section. However, before a checkoff pursuant to this section 18 6 shall be permitted, all liabilities on the books of the 18 7 department ofrevenueadministrative services and accounts 18 8 identified as owing under section421.178A.504 and the 18 9 political contribution allowed under section 68A.601 shall be 18 10 satisfied. 18 11 Sec. 46. Section 422.16, subsection 9, Code Supplement 18 12 2003, is amended to read as follows: 18 13 9. The amount of any overpayment of the individual income 18 14 tax liability of the employee taxpayer, nonresident, or other 18 15 person which may result from the withholding and payment of 18 16 withheld tax by the employer or withholding agent to the 18 17 department under subsections 1 and 12, as compared to the 18 18 individual income tax liability of the employee taxpayer, 18 19 nonresident, or other person properly and correctly determined 18 20 under the provisions of section 422.4, to and including 18 21 section 422.25, may be credited against any income tax or 18 22 installment thereof then due the state of Iowa and any balance 18 23 of one dollar or more shall be refunded to the employee 18 24 taxpayer, nonresident or other person with interest at the 18 25 rate in effect under section 421.7 for each month or fraction 18 26 of a month, the interest to begin to accrue on the first day 18 27 of the second calendar month following the date the return was 18 28 due to be filed or was filed, whichever is the later date. 18 29 Amounts less than one dollar shall be refunded to the 18 30 taxpayer, nonresident, or other person only upon written 18 31 application, in accordance with section 422.73, and only if 18 32 the application is filed within twelve months after the due 18 33 date of the return. Refunds in the amount of one dollar or 18 34 more provided for by this subsection shall be paid by the 18 35 treasurer of state by warrants drawn by the director of 19 1revenuethe department of administrative services, or an 19 2 authorized employee of the department, and the taxpayer's 19 3 return of income shall constitute a claim for refund for this 19 4 purpose, except in respect to amounts of less than one dollar. 19 5 There is appropriated, out of any funds in the state treasury 19 6 not otherwise appropriated, a sum sufficient to carry out the 19 7 provisions of this subsection. 19 8 Sec. 47. Section 422.35, subsection 18, Code Supplement 19 9 2003, is amended to read as follows: 19 10 18. Add, to the extent not already included, income from 19 11 the sale of obligations of the state and its political 19 12divisionssubdivisions. Income from the sale of these 19 13 obligations is exempt from the taxes imposed by this division 19 14 only if the law authorizing these obligations specifically 19 15 exempts the income from the sale from the state corporate 19 16 income tax. 19 17 Sec. 48. Section 422.70, subsection 3, Code 2003, is 19 18 amended to read as follows: 19 19 3. The fees and mileage to be paid witnesses and charged 19 20 as costs shall be the same as prescribed by law in proceedings 19 21 in the district court of this state in civil cases. All costs 19 22 shall be charged in the manner provided by law in proceedings 19 23 in civil cases. If the costs are charged to the taxpayer they 19 24 shall be added to the taxes assessed against the taxpayer and 19 25 shall be collected in the same manner. Costs charged to the 19 26 state shall be certified by the directorwhoand the 19 27 department of administrative services shall issue warrants on 19 28 the state treasurer for the amount of the costs, to be paid 19 29 out of the proceeds of the taxes collected under this chapter. 19 30 Sec. 49. Section 425.23, subsection 3, paragraph a, Code 19 31 Supplement 2003, is amended to read as follows: 19 32 a. A person who is eligible to file a claim for credit for 19 33 property taxes due and who has a household income of eight 19 34 thousand five hundred dollars or less and who has an unpaid 19 35 special assessment levied against the homestead may file a 20 1 claim for a special assessment credit with the county 20 2 treasurer. The department shall provide to the respective 20 3 treasurers the forms necessary for the administration of this 20 4 subsection. The claim shall be filed not later than September 20 5 30 of each year. Upon the filing of the claim, interest for 20 6 late payment shall not accrue against the amount of the unpaid 20 7 special assessment due and payable. The claim filed by the 20 8 claimant constitutes a claim for credit of an amount equal to 20 9 the actual amount due upon the unpaid special assessment, plus 20 10 interest, payable during the fiscal year for which the claim 20 11 is filed against the homestead of the claimant. However, 20 12 where the claimant is an individual described in section 20 13 425.17, subsection 2, paragraph "b", and the tentative credit 20 14 is determined according to the schedule in subsection 1, 20 15 paragraph "b", subparagraph (2), of this section, the claim 20 16 filed constitutes a claim for credit of an amount equal to 20 17 one-half of the actual amount due and payable during the 20 18 fiscal year. The treasurer shall certify to the director of 20 19 revenue not later than October 15 of each year the total 20 20 amount of dollars due for claims allowed. The amount of 20 21 reimbursement due each county shall be certified by the 20 22 director of revenue and paid by the director ofrevenuethe 20 23 department of administrative services by November 15 of each 20 24 year, drawn upon warrants payable to the respective treasurer. 20 25 There is appropriated annually from the general fund of the 20 26 state to the department of revenue an amount sufficient to 20 27 carry out the provisions of this subsection. The treasurer 20 28 shall credit any moneys received from the department against 20 29 the amount of the unpaid special assessment due and payable on 20 30 the homestead of the claimant. 20 31 Sec. 50. Section 425A.6, Code Supplement 2003, is amended 20 32 to read as follows: 20 33 425A.6 WARRANTSDRAWNAUTHORIZED BY DIRECTOR PRORATION. 20 34 After receiving from the county auditors the certifications 20 35 provided for in section 425A.5, and during the following 21 1 fiscal year, the director of revenue shall authorize the 21 2 department of administrative services to draw warrants on the 21 3 family farm tax credit fund created in section 425A.1, payable 21 4 to the county treasurers in the amount certified by the county 21 5 auditors of the respective counties and mail the warrants to 21 6 the county auditors on June 1 of each year taking into 21 7 consideration the relative budget and cash position of the 21 8 state resources. However, if the family farm tax credit fund 21 9 is insufficient to pay in full the total of the amounts 21 10 certified to the director of revenue, the director shall 21 11 prorate the fund to the county treasurers and shall notify the 21 12 county auditors of the pro rata percentage on or before June 21 13 1. 21 14 Sec. 51. Section 425A.7, Code Supplement 2003, is amended 21 15 to read as follows: 21 16 425A.7 APPORTIONMENT BY AUDITOR. 21 17 Upon receiving the pro rata percentage from the director of 21 18 revenue, the county auditor shall determine the amount to be 21 19 credited to each tract of agricultural land, and shall enter 21 20 upon tax lists as a credit against the tax levied on each 21 21 tract of agricultural land on which there has been made an 21 22 allowance of credit before delivering the tax lists to the 21 23 county treasurer. Upon receipt of thedirector'swarrant by 21 24 the county auditor, the auditor shall deliver the warrant to 21 25 the county treasurer for apportionment. The county treasurer 21 26 shall show on each tax receipt the amount of tax credit for 21 27 each tract of agricultural land. In case of change of 21 28 ownership the credit shall follow the title. 21 29 Sec. 52. Section 426.7, Code Supplement 2003, is amended 21 30 to read as follows: 21 31 426.7 WARRANTSDRAWNAUTHORIZED BY DIRECTOR. 21 32 After receiving from the county auditors the certifications 21 33 provided for in section 426.6, and during the following fiscal 21 34 year, the director of revenue shall authorize the department 21 35 of administrative services to draw warrants on the 22 1 agricultural land credit fund created in section 426.1, 22 2 payable to the county treasurers in the amount certified by 22 3 the county auditors of the respective counties and mail the 22 4 warrants to the county auditors on July 15 of each year taking 22 5 into consideration the relative budget and cash position of 22 6 the state resources. However, if the agricultural land credit 22 7 fund is insufficient to pay in full the total of the amounts 22 8 certified to the director of revenue, the director shall 22 9 prorate the fund to the county treasurers and notify the 22 10 county auditors of the pro rata percentage on or before June 22 11 15. 22 12 Sec. 53. Section 426.8, Code Supplement 2003, is amended 22 13 to read as follows: 22 14 426.8 APPORTIONMENT BY AUDITOR. 22 15 Upon receiving the pro rata percentage from the director of 22 16 revenue, the county auditor shall determine the amount to be 22 17 credited to each tract of agricultural land, and shall enter 22 18 upon tax lists as a credit against the tax levied on each 22 19 tract of agricultural land on which there has been made an 22 20 allowance of credit before delivering said tax lists to the 22 21 county treasurer. Upon receipt of thedirector'swarrant by 22 22 the county auditor, the auditor shall deliver said warrant to 22 23 the county treasurer for apportionment. The county treasurer 22 24 shall show on each tax receipt the amount of tax credit for 22 25 each tract of agricultural land. In case of change of 22 26 ownership the credit shall follow the title. 22 27 Sec. 54. Section 426A.4, Code Supplement 2003, is amended 22 28 to read as follows: 22 29 426A.4 CERTIFICATION BY DIRECTOR OF REVENUE. 22 30 Sums distributable from the general fund of the state shall 22 31 be allocated annually to the counties of the state. On 22 32 September 15 annually the director of revenue shall certify 22 33 and the department of administrative services shall draw 22 34 warrants to the treasurer of each county payable from the 22 35 general fund of the state in the amount claimed. Payments 23 1 shall be made to the treasurer of each county not later than 23 2 September 30 of each year. 23 3 Sec. 55. Section 434.22, Code Supplement 2003, is amended 23 4 to read as follows: 23 5 434.22 LEVY AND COLLECTION OF TAX. 23 6 At the first meeting of the board of supervisors held after 23 7 said statement is received by the county auditor,itthe board 23 8 shall cause the same to be entered on its minute book, and 23 9 make and enterthereinin the minute book an order stating the 23 10 length of the main track and the assessed value of each 23 11 railway lying in each city, township, or lesser taxing 23 12 district in its county, through or into whichsaidthe railway 23 13 extends, as fixed by the director of revenue, which shall 23 14 constitute the taxable value ofsaidthe property for taxing 23 15 purposes; and the taxes onsaidthe property, when collected 23 16 by the county treasurer, shall be disposed of as other taxes. 23 17 The county auditor shall transmit a copy ofsaidthe order to 23 18 the council or trustees of the city or township. 23 19 Sec. 56. Section 437.10, Code Supplement 2003, is amended 23 20 to read as follows: 23 21 437.10 ENTRY OF CERTIFICATE. 23 22 At the first meeting of the board of supervisors held after 23 23 said statements are received by the county auditor,itthe 23 24 board shall cause such statement to be entered in its minute 23 25 book and make and enterthereinin the minute book an order 23 26 stating the length of the lines and the assessed value of the 23 27 property of each ofsaidthe companies situated in each 23 28 township or lesser taxing district in each county outside 23 29 cities, as fixed by the director of revenue, which shall 23 30 constitute the taxable value ofsaidthe property for taxing 23 31 purposes. The county auditor shall transmit a copy ofsaid23 32 the order to the trustees of each township and to the proper 23 33 taxing boards in lesser taxing districts into which the line 23 34 or lines ofsaidthe company extend in the county. The taxes 23 35 onsaidthe property when collected by the county treasurer 24 1 shall be disposed of as other taxes on real estate. 24 2 Sec. 57. Section 438.15, Code Supplement 2003, is amended 24 3 to read as follows: 24 4 438.15 ASSESSED VALUE IN EACH TAXING DISTRICT RECORD. 24 5 At the first meeting of the board of supervisors held after 24 6 said statement is received by the county auditor,itthe board 24 7 shall cause the same to be entered on its minute book, and 24 8 make and enterthereinin the minute book an order describing 24 9 and stating the assessed value of each pipeline lying in each 24 10 city, township, or lesser taxing district in its county, 24 11 through or into whichsaidthe pipeline extends, as fixed by 24 12 the director of revenue, which shall constitute the assessed 24 13 value ofsaidthe property for taxing purposes; and the taxes 24 14 onsaidthe property, when collected by the county treasurer, 24 15 shall be disposed of as other taxes. The county auditor shall 24 16 transmit a copy ofsaidthe order to the council of the city, 24 17 or the trustees of the township, as the case may be. 24 18 Sec. 58. Section 441.26, unnumbered paragraph 4, Code 24 19 Supplement 2003, is amended to read as follows: 24 20 The assessment rolls shall be used in listing the property 24 21 and showing the values affixed to the property of all persons 24 22 assessed. The rolls shall be made in duplicate. The 24 23 duplicate roll shall be signed by the assessor, detached from 24 24 the original and delivered to the person assessed if there has 24 25 been an increase or decrease in the valuation of the property. 24 26 If there has been no change in theevaluationvaluation, the 24 27 information on the roll may be printed on computer stock paper 24 28 and preserved as required by this chapter. If the person 24 29 assessed requests in writing a copy of the roll, the copy 24 30 shall be provided to the person. The pages of the assessor's 24 31 assessment book shall contain columns ruled and headed for the 24 32 information required by this chapter and that which the 24 33 director of revenue deems essential in the equalization work 24 34 of the director. The assessor shall return all assessment 24 35 rolls and schedules to the county auditor, along with the 25 1 completed assessment book, as provided in this chapter, and 25 2 the county auditor shall carefully keep and preserve the 25 3 rolls, schedules and book for a period of five years from the 25 4 time of its filing in the county auditor's office. 25 5 Sec. 59. Section 453A.3, subsection 1, paragraph c, Code 25 6 2003, is amended by striking the paragraph. 25 7 Sec. 60. Section 453A.8, subsection 3, unnumbered 25 8 paragraph 1, Code 2003, is amended to read as follows: 25 9 The department may make refunds on unused stamps to the 25 10 person who purchased the stamps at a price equal to the amount 25 11 paid for the stamps when proof satisfactory to the department 25 12 is furnished that any stamps upon which a refund is requested 25 13 were properly purchased from the department and paid for by 25 14 the person requesting the refund. In making the refund, the 25 15 department shall prepare a voucher showing the amount of 25 16 refund due and to whom payable and shall authorize the 25 17 department of administrative services to issue a warrant upon 25 18 order of the director to pay the refund out of any funds in 25 19 the state treasury not otherwise appropriated. 25 20 Sec. 61. Section 455B.105, subsections 6 and 8, Code 25 21 Supplement 2003, are amended to read as follows: 25 22 6. Approve all contracts and agreements under this chapter 25 23 and chapter 459, subchapters I, II, III, IV, and VI,between 25 24 the department and other public or private persons or 25 25 agencies. 25 26 8. Hold public hearings, except when the evidence to be 25 27 received is confidential pursuant to this chapter, chapter 22, 25 28 or chapter 459, subchapters I, II, III, IV, and VI,necessary 25 29 to carry out its powers and duties. The commission may issue 25 30 subpoenas requiring the attendance of witnesses and the 25 31 production of evidence pertinent to the hearings. A subpoena 25 32 shall be issued and enforced in the same manner as provided in 25 33 civil actions. 25 34 Sec. 62. Section 455B.107, Code Supplement 2003, is 25 35 amended to read as follows: 26 1 455B.107 WARRANTS BY DIRECTOR OF DEPARTMENT OF 26 2 ADMINISTRATIVE SERVICES. 26 3 The director of the department of administrative services 26 4 shall draw warrants on the treasurer of state for all 26 5 disbursements authorized by the provisions of this chapter and 26 6 chapter 459,subchapters I, II, III, IV, and VI,upon itemized 26 7 and verified vouchers bearing the approval of the director of 26 8 the department of natural resources. 26 9 Sec. 63. Section 455B.423, subsection 1, Code 2003, is 26 10 amended to read as follows: 26 11 1. A hazardous substance remedial fund is created within 26 12 the state treasury. Moneys received from fees, penalties, 26 13 general revenue, federal funds, gifts, bequests, donations, or 26 14 other moneys so designated shall be deposited in the state 26 15 treasury to the credit of the fund. Any unexpended balance in 26 16 the remedial fund at the end of each fiscal year shall be 26 17 retained in the fund.However, any unexpended balance shall26 18be transferred to the general fund to replace funds26 19appropriated from the general fund during fiscal year 1985 and26 20fiscal year 1986 for the purposes for which expenditures from26 21the remedial fund are allowed.26 22 Sec. 64. Section 455E.11, subsection 2, paragraph e, Code 26 23 Supplement 2003, is amended to read as follows: 26 24 e. An oil overcharge account. The oil overcharge moneys 26 25 distributed by the United States department of energy, and 26 26 approved for the energy related components of the groundwater 26 27 protection strategy available through the energy conservation 26 28 trust created in section 473.11, shall be deposited in the oil 26 29 overcharge account as appropriated by the general assembly. 26 30The oil overcharge account shall be used for the following26 31purposes:26 32(1) The following amounts are appropriated to the26 33department of natural resources to implement its26 34responsibilities pursuant to section 455E.8:26 35(a) For the fiscal year beginning July 1, 1987 and ending27 1June 30, 1988, eight hundred sixty thousand dollars is27 2appropriated.27 3(b) For the fiscal year beginning July 1, 1988 and ending27 4June 30, 1989, six hundred fifty thousand dollars is27 5appropriated.27 6(c) For the fiscal year beginning July 1, 1989 and ending27 7June 30, 1990, six hundred thousand dollars is appropriated.27 8(d) For the fiscal year beginning July 1, 1990 and ending27 9June 30, 1991, five hundred thousand dollars is appropriated.27 10(e) For the fiscal year beginning July 1, 1991 and ending27 11June 30, 1992, five hundred thousand dollars is appropriated.27 12(2) For the fiscal year beginning July 1, 1987 and ending27 13June 30, 1988, five hundred sixty thousand dollars is27 14appropriated to the department of natural resources for27 15assessing rural, private water supply quality.27 16(3) For the fiscal period beginning July 1, 1987 and27 17ending June 30, 1989, one hundred thousand dollars is27 18appropriated annually to the department of natural resources27 19for the administration of a groundwater monitoring program at27 20sanitary landfills.27 21(4) The following amounts are appropriated to the Iowa27 22state water resources research institute to provide27 23competitive grants to colleges, universities, and private27 24institutions within the state for the development of research27 25and education programs regarding alternative disposal methods27 26and groundwater protection:27 27(a) For the fiscal year beginning July 1, 1987 and ending27 28June 30, 1988, one hundred twenty thousand dollars is27 29appropriated.27 30(b) For the fiscal year beginning July 1, 1988 and ending27 31June 30, 1989, one hundred thousand dollars is appropriated.27 32(c) For the fiscal year beginning July 1, 1989 and ending27 33June 30, 1990, one hundred thousand dollars is appropriated.27 34(5) The following amounts are appropriated to the27 35department of natural resources to develop and implement28 1demonstration projects for landfill alternatives to solid28 2waste disposal, including recycling programs:28 3(a) For the fiscal year beginning July 1, 1987 and ending28 4June 30, 1988, seven hundred sixty thousand dollars is28 5appropriated.28 6(b) For the fiscal year beginning July 1, 1988 and ending28 7June 30, 1989, eight hundred fifty thousand dollars is28 8appropriated.28 9(6) For the fiscal period beginning July 1, 1987 and28 10ending June 30, 1988, eight hundred thousand dollars is28 11appropriated to the Leopold center for sustainable28 12agriculture.28 13(7) Seven million five hundred thousand dollars is28 14appropriated to the agriculture energy management fund created28 15under chapter 161B for the fiscal period beginning July 1,28 161987 and ending June 30, 1992, to develop nonregulatory28 17programs to implement integrated farm management of farm28 18chemicals for environmental protection, energy conservation,28 19and farm profitability; interactive public and farmer28 20education; and applied studies on best management practices28 21and best appropriate technology for chemical use efficiency28 22and reduction.28 23(8) The following amounts are appropriated to the28 24department of natural resources to continue the Big Spring28 25demonstration project in Clayton county.28 26(a) For the fiscal period beginning July 1, 1987 and28 27ending June 30, 1990, seven hundred thousand dollars is28 28appropriated annually.28 29(b) For the fiscal period beginning July 1, 1990 and28 30ending June 30, 1992, five hundred thousand dollars is28 31appropriated annually.28 32(9) For the fiscal period beginning July 1, 1987 and28 33ending June 30, 1990, one hundred thousand dollars is28 34appropriated annually to the department of agriculture and28 35land stewardship to implement a targeted education program on29 1best management practices and technologies for the mitigation29 2of groundwater contamination from or closure of agricultural29 3drainage wells, abandoned wells, and sinkholes.29 4 Sec. 65. Section 455G.5, unnumbered paragraph 2, Code 29 5 Supplement 2003, is amended to read as follows: 29 6 The board may enter into a contract or an agreement 29 7 authorized under chapter 28E with a private agency or person, 29 8 the department of natural resources, the Iowa finance 29 9 authority, the department of administrative services, the 29 10 department of revenue, other departments, agencies, or 29 11 governmental subdivisions of this state, another state, or the 29 12 United States, in connection with its administration and 29 13 implementation of this chapter or chapter 424 or 455B. 29 14 Sec. 66. Section 456A.16, unnumbered paragraph 7, Code 29 15 Supplement 2003, is amended to read as follows: 29 16 The department shall adopt rules to implement this section. 29 17 However, before a checkoff pursuant to this section shall be 29 18 permitted, all liabilities on the books of the department of 29 19revenueadministrative services and accounts identified as 29 20 owing under section421.178A.504 and the political 29 21 contribution allowed under section 68A.601 shall be satisfied. 29 22 Sec. 67. Section 476.53, subsection 4, paragraph b, Code 29 23 Supplement 2003, is amended to read as follows: 29 24 b. In determining the applicable ratemaking principles, 29 25 the board shall not be limited to traditional ratemaking 29 26 principles or traditional cost recovery mechanisms. Among the 29 27 principles and mechanisms the board may consider, the board 29 28 has the authority to approve ratemaking principles proposed by 29 29 a rate-regulated public utility that provide for reasonable 29 30 restrictions upon the ability of the public utility to seek a 29 31 general increase in electric rates under section 476.6 for at 29 32 least three years after thegenerationgenerating facility 29 33 begins providing service to Iowa customers. 29 34 Sec. 68. Section 483A.24A, subsection 2, paragraph c, Code 29 35 Supplement 2003, is amended to read as follows: 30 1 c. "Public institution" means a state institution listed 30 2 under section 904.102,subsections 1 through 10,that is 30 3 administered by the department of corrections. 30 4 Sec. 69. Section 501.407, subsection 2, paragraph b, Code 30 5 Supplement 2003, is amended to read as follows: 30 6 b. An intentional infliction of harm on thecorporation30 7 cooperative or itsshareholdersmembers. 30 8 Sec. 70. Section 508.38, subsection 11, Code Supplement 30 9 2003, is amended to read as follows: 30 10 11. After July 1, 2003, a company may elect either to 30 11 apply the provisions of this section as it existed prior to 30 12 July 1, 2003, or to apply the provisions of this section as 30 13enactedamended by 2003 Acts, ch 91, } 810, to annuity 30 14 contracts on a contract form-by-form basis beforethe second30 15anniversary of the effective date of 2003 Acts, ch 91, } 81030 16 July 1, 2005. In all other instances, this section shall 30 17 become operative with respect to annuity contracts issued by 30 18 the company two years after July 1, 2003. 30 19 Sec. 71. Section 510.6, subsections 6 and 7, Code 2003, 30 20 are amended to read as follows: 30 21 6. An insurer shall review its books and records each 30 22 quarter and determine if any insurance producer, as defined by 30 23 section 510A.2, has become, by operation of section 510.1B, 30 24 subsection 4, a managing general agent as defined in that 30 25 section. If the insurer determines thataan insurance 30 26 producer has become a managing general agent by operation of 30 27 section 510.1B, subsection 4, the insurer shall promptly 30 28 notify the insurance producer and the commissioner of such 30 29 determination and the insurer and insurance producer shall 30 30 fully comply with the provisions of this chapter within thirty 30 31 days. 30 32 7. An insurer shall not appoint to its board of directors 30 33 an officer, director, employee, insurance producer, or 30 34 controlling shareholder of a managing general agent of the 30 35 insurer. This subsection shall not apply to relationships 31 1 governed by chapter 521A relating to the regulation of 31 2 insurance company holding systems, or, if applicable, by 31 3 chapter 510A relating to the regulation of insurance producer 31 4 controlled property and casualty insurers. 31 5 Sec. 72. Section 510A.4, subsection 1, paragraph b, 31 6 subparagraph (2), Code Supplement 2003, is amended to read as 31 7 follows: 31 8 (2) The controlled insurer, except for insurance business 31 9 written through a residual market facility, accepts insurance 31 10 business only from the controlling producer,aan insurance 31 11 producer controlled by the controlled insurer, or an insurance 31 12 producer that is a subsidiary of the controlled insurer. 31 13 Sec. 73. Section 514B.12, unnumbered paragraph 1, Code 31 14 Supplement 2003, is amended to read as follows: 31 15 A health maintenance organization shall annually on or 31 16 before the first day of March file with the commissioner or a 31 17 depository designated by the commissioner a report verified by 31 18 at least two ofitsthe principal officers of the health 31 19 maintenance organization and covering the preceding calendar 31 20 year. The report shall be on forms prescribed by the 31 21 commissioner and shall include: 31 22 Sec. 74. Section 515F.32, subsection 3, Code Supplement 31 23 2003, is amended to read as follows: 31 24 3."Plan""FAIR plan" means theFAIRplan to assure fair 31 25 access to insurance requirements established pursuant to 31 26 section 515F.33. 31 27 Sec. 75. Section 515F.36, subsection 1, Code Supplement 31 28 2003, is amended to read as follows: 31 29 1. A governing committee shall administer the FAIR plan, 31 30 subject to the supervision of the commissioner, and. The FAIR 31 31 plan shall be operated by a manager appointed by the 31 32 committee. 31 33 Sec. 76. Section 533C.103, subsection 4, Code Supplement 31 34 2003, is amended to read as follows: 31 35 4.AThe following entities whether chartered or organized 32 1 under the laws of a state or of the United States: a bank, 32 2 bank holding company, savings and loan association, savings 32 3 bank, credit union, office of an international banking 32 4 corporation, branch of a foreign bank, corporation organized 32 5 pursuant to the federal Bank Service Company Act, 12 U.S.C. } 32 6 18611867, or corporation organized under the federal Edge 32 7 Act, 12 U.S.C. } 611633, under the laws of a state or the32 8United States. 32 9 Sec. 77. Section 533C.201, subsection 1, Code Supplement 32 10 2003, is amended to read as follows: 32 11 1. A person shall not engage in the business of money 32 12 transmission or advertise, solicit, or hold itself out as 32 13 providing money transmission unless the person: 32 14 a. Is licensed under this article.; or 32 15 b. Is an authorized delegate of a person licensed under 32 16 this article. 32 17 Sec. 78. Section 533C.303, subsection 4, Code Supplement 32 18 2003, is amended to read as follows: 32 19 4. An applicantwhose applicationwho is denied a license 32 20 by the superintendent under this article may appeal, within 32 21 thirty days after receipt of the notice of the denial, from 32 22 the denial and request a hearing. The denial of a license 32 23 shall not be deemed a contested case under chapter 17A. 32 24 Sec. 79. Section 533C.503, subsection 3, paragraphs e and 32 25 f, Code Supplement 2003, are amended to read as follows: 32 26 e. A charge filed against or conviction of the licensee or 32 27 of an executive officer, manager, or director of, or person in 32 28 control of, the licensee for a felony. 32 29 f. A charge filed against or conviction of an authorized 32 30 delegate for a felony. 32 31 Sec. 80. Section 533C.505, subsection 3, Code Supplement 32 32 2003, is amended to read as follows: 32 33 3. Records may be maintained outside this state if they 32 34 are made accessibletowithin seven business days of receipt 32 35 of a written request from the superintendenton seven33 1business-days' notice that is sent in a record. 33 2 Sec. 81. Section 533C.703, subsection 3, Code Supplement 33 3 2003, is amended to read as follows: 33 4 3.AnOnce the superintendent has commenced an 33 5 administrative proceeding pursuant to section 533C.701 or 33 6 533C.702, an order to cease and desist remains effective and 33 7 enforceable pending the completion ofan administrativethe 33 8 proceedingpursuant to section 533C.701 or 533C.702. 33 9 Sec. 82. Section 562B.25, subsection 3, Code 2003, is 33 10 amended to read as follows: 33 11 3. Except as otherwise provided in this chapter, the 33 12 landlord may recover damages, obtain injunctive relief or 33 13 recover possession of the mobile home space pursuant to an 33 14 action in forcible entry and detainer under chapter 648 for 33 15 any material noncompliance by the tenant with the rental 33 16 agreement or with section 562B.18. 33 17 Sec. 83. Section 602.6305, subsection 1, Code Supplement 33 18 2003, is amended to read as follows: 33 19 1. District associate judges shall serve initial terms and 33 20 shall stand for retention in office within the judicial 33 21 election districts of their residences at the judicial 33 22 electionin 1982 and every six years thereafter,under 33 23 sections46.17 to46.16 through 46.24. 33 24 Sec. 84. Section 602.8107, subsection 4, unnumbered 33 25 paragraph 2, Code Supplement 2003, is amended to read as 33 26 follows: 33 27 This subsection does not apply to amounts collected for 33 28 victim restitution, the victim compensation fund, criminal 33 29 penalty surcharge, law enforcement initiative surcharge, 33 30 amounts collected as a result of procedures initiated under 33 31 subsection 5 or under section 8A.504, orsheriff's room and33 32boardfees charged pursuant to section 356.7. 33 33 Sec. 85. Section 631.4, subsection 2, paragraphs a and d, 33 34 Code 2003, are amended to read as follows: 33 35 a. In an action fortheforcible entryor detention of34 1real propertyand detainer under chapter 648, the clerk shall 34 2 set a date, time and place for hearing, and shall cause 34 3 service as provided in this subsection. 34 4 d. If personal service cannot be made upon each defendant 34 5 in an action for forcible entryor detention of real property34 6 and detainer joined with an action for rent or recovery 34 7 pursuant to section 648.19, service may be made pursuant to 34 8 paragraph "c". 34 9 Sec. 86. Section 631.5, unnumbered paragraph 1, Code 34 10 Supplement 2003, is amended to read as follows: 34 11 This section applies to all small claims except actions for 34 12 forcible entryor detention of real propertyand detainer 34 13 pursuant to chapter 648 and actions for abandonment of mobile 34 14 homes or personal property pursuant to chapter 555B. 34 15 Sec. 87. Section 648.1, unnumbered paragraph 1, Code 2003, 34 16 is amended to read as follows: 34 17 A summary remedy for forcible entryor detention of real34 18propertyand detainer is allowable: 34 19 Sec. 88. Section 648.5, Code 2003, is amended to read as 34 20 follows: 34 21 648.5 JURISDICTION HEARING PERSONAL SERVICE. 34 22 The court within the county shall have jurisdiction of 34 23 actions fortheforcible entryor detention of real property34 24 and detainer. They shall be tried as equitable actions. 34 25 Unless commenced as a small claim, a petition shall be 34 26 presented to a district court judge. Upon receipt of the 34 27 petition, the court shall order a hearing which shall not be 34 28 later than seven days from the date of the order. Personal 34 29 service shall be made upon the defendant not less than three 34 30 days prior to the hearing. In the event that personal service 34 31 cannot be completed in time to give the defendant the minimum 34 32 notice required by this section, the court may set a new 34 33 hearing date. A default cannot be made upon a defendant 34 34 unless the three days' notice has been given. 34 35 Sec. 89. Section 648.10, Code 2003, is amended to read as 35 1 follows: 35 2 648.10 SERVICE BY PUBLICATION. 35 3 Notwithstanding the requirements of section 648.5, service 35 4 may be made by publishing such notice for one week in a 35 5 newspaper of general circulation published in the county where 35 6 the petition is filed, provided the petitioner files with the 35 7 court an affidavit stating that an attempt at personal service 35 8 made by the sheriff was unsuccessful because the defendant is 35 9 avoiding service by concealment or otherwise, and that a copy 35 10 of the petition and notice of hearing has been mailed to the 35 11 defendant at the defendant's last known address or that the 35 12 defendant's last known address is not known to the petitioner. 35 13 Service under this section is complete seven days after 35 14 publication. The court shall set a new hearing date if 35 15 necessary to allow the defendant thefive-daythree-day 35 16 minimum notice required under section 648.5. 35 17 Sec. 90. Section 669.14, subsection 11, unnumbered 35 18 paragraph 1, Code Supplement 2003, is amended to read as 35 19 follows: 35 20 Any claim for financial loss based upon an act or omission 35 21 in financial regulation, including but not limited to 35 22 examinations, inspections, audits, or other financial 35 23 oversight responsibilities, pursuant to chapter 486, Code 35 24 1999, and chapters 87, 203, 203C, 203D, 421B,486,486A, 487, 35 25 and 490 through 553, excluding chapters 540A, 542, 542B, 543B, 35 26 543C, 543D, 544A, and 544B. 35 27 Sec. 91. Section 805.8A, subsection 12, paragraphs b and 35 28 c, Code Supplement 2003, are amended to read as follows: 35 29 b. Forheight, weight, length, width, load violations, and35 30towed vehicleviolations under section 321.437, the scheduled 35 31 fine is twenty-five dollars. 35 32 c. For height, length, width, and load violations under 35 33 sections 321.454, 321.455, 321.456, 321.457, and 321.458, the 35 34 scheduled fine is one hundred dollars. 35 35 Sec. 92. Section 901.4, Code Supplement 2003, is amended 36 1 to read as follows: 36 2 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL 36 3 DISTRIBUTION. 36 4 The presentence investigation report is confidential and 36 5 the court shall provide safeguards to ensure its 36 6 confidentiality, including but not limited to sealing the 36 7 report, which may be opened only by further court order. At 36 8 least three days prior to the date set for sentencing, the 36 9 court shall serve all of the presentence investigation report 36 10 upon the defendant's attorney and the attorney for the state, 36 11 and the report shall remain confidential except upon court 36 12 order. However, the court may conceal the identity of the 36 13 person who provided confidential information. The report of a 36 14 medical examination or psychological or psychiatric evaluation 36 15 shall be made available to the attorney for the state and to 36 16 the defendant upon request. The reports are part of the 36 17 record but shall be sealed and opened only on order of the 36 18 court. If the defendant is committed to the custody of the 36 19 Iowa department of corrections and is not a class "A" felon, a 36 20 copy of the presentence investigation report shall be 36 21 forwarded to the director with the order of commitment by the 36 22 clerk of the district court and to the board of parole at the 36 23 time of commitment. Pursuant to section 904.602, the 36 24 presentence investigation report may also be released by the 36 25 department of corrections or a judicial district department of 36 26 correctional services to another jurisdiction for the purpose 36 27 of providing interstate probation and parole compact or 36 28 interstate compact for adult offender supervision services or 36 29 evaluations, or to a substance abuse or mental health services 36 30 provider when referring a defendant for services. The 36 31 defendant or the defendant's attorney may file with the 36 32 presentence investigation report, a denial or refutation of 36 33 the allegations, or both, contained in the report. The denial 36 34 or refutation shall be included in the report. If the person 36 35 is sentenced for an offense which requires registration under 37 1 chapter 692A, the court shall release the report to the 37 2 department which is responsible under section 692A.13A for 37 3 performing the assessment of risk. 37 4 Sec. 93. Section 901.5, subsection 7A, paragraph d, Code 37 5 Supplement 2003, is amended to read as follows: 37 6 d. Violation of a no-contact order issued under this 37 7sectionsubsection is punishable by summary contempt 37 8 proceedings. A hearing in a contempt proceeding brought 37 9 pursuant to this subsection shall be held not less than five 37 10 days and not more than fifteen days after the issuance of a 37 11 rule to show cause, as set by the court, unless the defendant 37 12 is already in custody at the time of the alleged violation in 37 13 which case the hearing shall be held not less than five days 37 14 and not more than forty-five days after the issuance of the 37 15 rule to show cause. 37 16 Sec. 94. Section 904.117, Code Supplement 2003, is amended 37 17 to read as follows: 37 18 904.117 INTERSTATE COMPACT FUND. 37 19 An interstate compact fund is established under the control 37 20 of the department. All interstate compact fees collected by 37 21 the department pursuant to section907B.5907B.4 shall be 37 22 deposited into the fund and the moneys shall be used by the 37 23 department to offset the costs of complying with the 37 24 interstate compact for adult offender supervision in chapter 37 25 907B. Notwithstanding section 8.33, moneys remaining in the 37 26 fund at the end of a fiscal year shall not revert to the 37 27 general fund of the state. Notwithstanding section 12C.7, 37 28 interest and earnings deposited in the fund shall be credited 37 29 to the fund. 37 30 Sec. 95. Sections 335.31, 414.29, and 455B.151, Code 2003, 37 31 are repealed. 37 32 Sec. 96. 2003 Iowa Acts, chapter 180, section 24, enacting 37 33 section 273.22, subsection 4A, is amended to read as follows: 37 34 4A. Not later than fifteen days after the state board 37 35 notifies an area education agency of its approval of the area 38 1 education agency's reorganization plan or dissolution 38 2 proposal, the area education agency shall notify, by certified 38 3 mail, the school districts located within the area education 38 4 agency boundaries, the school districts and area education 38 5 agencies that are contiguous to its boundaries, and any other 38 6 school district under contract with the area education agency, 38 7 of the state board's approval of the plan or proposal, and 38 8 shall provide the department of education with a copy of any 38 9 notice sent in accordance with this subsection. A petition to 38 10 join an area education agency or for release from a contract 38 11 with an area education agency, in accordance with subsections 38 12 4,65, and76, shall be filed not later than forty-five days 38 13 after the state board approves a reorganization plan or 38 14 dissolution proposal in accordance with this chapter. 38 15 Sec. 97. 2003 Iowa Acts, chapter 180, section 28, amending 38 16 section 273.23, subsection 11, Code 2003, is amended to read 38 17 as follows: 38 18 11. Unless the reorganization of an area education agency 38 19 takes effect less than two years before the taking of the next 38 20 federal decennial census, a newly formed area education agency 38 21 shall, within one year of the effective date of the 38 22 reorganization, redraw the boundary lines of director 38 23 districts in the area education agency if a petition filed by 38 24 a school district to join the newly formed area education 38 25 agency, or for release from the newly formed area education 38 26 agency, in accordance with section 273.22, subsections 4, 5, 38 27 and 6,and 7,was approved. Until the boundaries are redrawn, 38 28 the boundaries for the newly formed area education agency 38 29 shall be as provided in the reorganization plan approved by 38 30 the state board in accordance with section 273.21. 38 31 Sec. 98. 2003 Iowa Acts, chapter 145, section 286, 38 32 subsection 3, is amended by adding the following new 38 33 paragraph: 38 34 NEW PARAGRAPH. c. Notwithstanding the provisions of this 38 35 subsection to the contrary, section 12.8, Code 2003, is 39 1 amended by striking from the section the words "division of 39 2 the department of personnel". 39 3 Sec. 99. 2003 Iowa Acts, chapter 151, section 65, is 39 4 amended to read as follows: 39 5 SEC. 65. RETENTION OF JUDGES. The amendments in this Act 39 6 to section 46.16, subsections 2 and 3, and section 602.6305, 39 7 subsection 1, apply to elections for retaining a judge 39 8 occurring after the effective date of this Act. 39 9 Sec. 100. 2003 Iowa Acts, chapter 179, is amended by 39 10 adding the following new section: 39 11 NEW SECTION. SEC. 47A. DELAYED EFFECTIVE DATE. Section 39 12 31 of this division of this Act takes effect July 1, 2004. 39 13 Sec. 101. 2003 Iowa Acts, First Extraordinary Session, 39 14 chapter 1, section 114, is amended to read as follows: 39 15 SEC. 114. The divisions of this Act designated the grow 39 16 Iowa values board and fund, the value-added agricultural 39 17 products and processes financial assistance program, the endow 39 18 Iowa grants,the technology transfer advisors,the Iowa 39 19 economic development loan and credit guarantee fund, the 39 20 economic development assistance and data collection, the 39 21 cultural and entertainment districts,the workforce issues,39 22 and the university-based research utilization program, are 39 23 repealed effective June 30, 2010. 39 24 Sec. 102. EFFECTIVE DATES AND APPLICABILITY. 39 25 1. The sections of this Act amending sections 273.22 and 39 26 273.23, as enacted by 2003 Iowa Acts, chapter 180, sections 24 39 27 and 28, being deemed of immediate importance, take effect upon 39 28 enactment and apply retroactively to July 1, 2003. 39 29 2. The section of this Act amending 2003 Iowa Acts, 39 30 chapter 145, section 286, being deemed of immediate 39 31 importance, takes effect upon enactment and is retroactively 39 32 applicable to July 1, 2003, and is applicable on and after 39 33 that date. 39 34 3. The section of this Act amending 2003 Iowa Acts, 39 35 chapter 151, section 65, being deemed of immediate importance, 40 1 takes effect upon enactment. 40 2 4. The section of this Act adding a new section to 2003 40 3 Iowa Acts, chapter 179, being deemed of immediate importance, 40 4 takes effect upon enactment. 40 5 40 6 40 7 40 8 CHRISTOPHER C. RANTS 40 9 Speaker of the House 40 10 40 11 40 12 40 13 JEFFREY M. LAMBERTI 40 14 President of the Senate 40 15 40 16 I hereby certify that this bill originated in the House and 40 17 is known as House File 2207, Eightieth General Assembly. 40 18 40 19 40 20 40 21 MARGARET THOMSON 40 22 Chief Clerk of the House 40 23 Approved , 2004 40 24 40 25 40 26 40 27 THOMAS J. VILSACK 40 28 Governor
Text: HF02206 Text: HF02208 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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