Text: HF02207 Text: HF02209 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 2B.10, Code Supplement 2003, is amended 1 2 to read as follows: 1 3 2B.10SESSION LAWSIOWA ACTS. 1 4 1. The arrangement of the Acts and resolutions, and the 1 5 size, style, type, binding, general arrangement, and tables of 1 6 thesession lawsIowa Acts shall be printed and published in 1 7 the manner determined by the Iowa Code editor in accordance 1 8 with the policies set by the legislative council as provided 1 9 in section 2.42. 1 10 2. Chapters of the first regular session shall be numbered 1 11 from one and chapters of the second regular session shall be 1 12 numbered from one thousand one. 1 13 3. A list of elective state officers and deputies, supreme 1 14 court justices, judges of the court of appeals, and members of 1 15 the general assembly shall be published annually with the 1 16session lawsIowa Acts. 1 17 4. A statement of the condition of the state treasury 1 18 shall be included, as provided by the Constitution of the 1 19 State of Iowa. The statement shall be furnished by the 1 20 director of the department of administrative services. 1 21 5. The enrolling clerks of the house and senate shall 1 22 arrange for the Iowa Code editor to receive suitable copies of 1 23 all Acts and resolutions as soon as they are enrolled. 1 24 6. A notation of the filing of an estimate of a state 1 25 mandate prepared by the legislative services agency pursuant 1 26 to section 25B.5 shall be included in thesession lawsIowa 1 27 Acts with the text of an enacted bill or joint resolution 1 28 containing the state mandate. 1 29 Sec. 2. Section 2B.17, subsection 2, Code Supplement 2003, 1 30 is amended to read as follows: 1 31 2. Thesession lawsActs of each general assembly shall be 1 32 known as "Acts of the .. General Assembly, .. Session, 1 33 Chapter (or File No.) .., Section .." (inserting the 1 34 appropriate numbers) and shall be cited as ".. Iowa Acts, 1 35 chapter .., section .." (inserting the appropriate year, 2 1 chapter, and section number). 2 2 Sec. 3. Section 3.3, Code 2003, is amended to read as 2 3 follows: 2 4 3.3 HEADNOTES AND HISTORICAL REFERENCES. 2 5 Proper headnotes may be placed at the beginning of a 2 6 section of a bill, and at the end of the section there may be 2 7 placed a reference to the section number of the Code, or any 2 8session lawIowa Act from which the matter of the bill was 2 9 taken, but, except as provided in the Uniform Commercial Code, 2 10 section 554.1109, neither said headnotes nor said historical 2 11 references shall be considered as a part of the law as 2 12 enacted. 2 13 Sec. 4. Section 7J.1, subsection 1, Code Supplement 2003, 2 14 is amended to read as follows: 2 15 1. DESIGNATION OF CHARTER AGENCIES – PURPOSE. The 2 16 governor may, by executive order, designate state departments 2 17 or agencies, as described in section 7E.5, or the Iowa lottery 2 18 authority established in chapter 99G, other than the 2 19 department of administrative services, if the department is2 20established in law,or the department of management, as a 2 21 charter agency by July 1, 2003. The designation of a charter 2 22 agency shall be for a period of five years which shall 2 23 terminate as of June 30, 2008. The purpose of designating a 2 24 charter agency is to grant the agency additional authority as 2 25 provided by this chapter while reducing the total 2 26 appropriations to the agency. 2 27 Sec. 5. Section 8.59, Code Supplement 2003, is amended to 2 28 read as follows: 2 29 8.59 APPROPRIATIONS FREEZE. 2 30 Notwithstanding contrary provisions of the Code, the 2 31 amounts appropriated under the applicable sections of the Code 2 32 for fiscal years commencing on or after July 1, 1993, are 2 33 limited to those amounts expended under those sections for the 2 34 fiscal year commencing July 1, 1992. If an applicable section 2 35 appropriates moneys to be distributed to different recipients 3 1 and the operation of this section reduces the total amount to 3 2 be distributed under the applicable section, the moneys shall 3 3 be prorated among the recipients. As used in this section, 3 4 "applicable sections" meansthe followingsections:53.50, 3 5 229.35, 230.8, 230.11, 411.20, and 663.44. 3 6 Sec. 6. Section 8A.124, Code Supplement 2003, is amended 3 7 to read as follows: 3 8 8A.124 ADDITIONAL PERSONNEL. 3 9 The department may employ, upon the approval of the 3 10 department of management,suchadditional personnel in excess 3 11 of the number of full-time equivalent positions authorized by 3 12 the general assembly if such additional personnel are 3 13 reasonable and necessary to perform such duties as required to 3 14 meet the needs of the department to provide services to other 3 15 governmental entities and as authorized by this chapter. The 3 16 director shall notify in writing the department of management, 3 17 the legislative fiscal committee, and the legislative services 3 18 agency of any additional personnel employed pursuant to this 3 19 section. 3 20 Sec. 7. Section 8A.402, subsection 2, paragraph c, Code 3 21 Supplement 2003, is amended to read as follows: 3 22 c. Encourage and exercise leadership in the development of 3 23 effective personnel administration within the several state 3 24 agencies, andtomake available the facilities of the 3 25 department to this end. 3 26 Sec. 8. Section 8A.502, subsection 14, paragraph b, 3 27 unnumbered paragraph 1, Code Supplement 2003, is amended to 3 28 read as follows: 3 29 Modify the centralized statewide accounting system and 3 30 develop, or require to be developed by the appropriate 3 31 departments of state government, thenecessaryreports and 3 32 procedures necessary to complete the managerial and financial 3 33 reports required to comply with the federal law. 3 34 Sec. 9. Section 11.27, subsection 2, Code 2003, is amended 3 35 to read as follows: 4 1 2. The results of an audit of the documents and the 4 2 records of the department of management created inthe budget4 3and financial control Actchapter 8, which records shall be 4 4 audited by the auditor; and, the results of the auditor's 4 5 audit of all taxes and other revenue collected and paid into 4 6 the treasury, and the sources thereof. 4 7 Sec. 10. Section 15.269, subsection 2, paragraph b, 4 8 subparagraph (1), subparagraph subdivision (a), Code 4 9 Supplement 2003, is amended to read as follows: 4 10 (a) Each cogeneration pilot project facility must involve 4 11 two hundred megawatts or less of electricity, in combination 4 12 with one or more other cogeneration pilot project facilities. 4 13 Sec. 11. Section 28.4, subsection 12, paragraph d, 4 14 subparagraph (1), Code Supplement 2003, is amended to read as 4 15 follows: 4 16 (1) Moneys for the healthy opportunities for parents to 4 17 experience success – healthy families Iowa program under 4 18 section 135.106 by the fiscal year beginning July 1, 2000, and 4 19 ending June 30, 2001. 4 20 Sec. 12. Section 29A.1, subsection 1, Code 2003, is 4 21 amended to read as follows: 4 22 1.Active state"State military service" means training or 4 23 operational duty or other service authorized and performed 4 24 under the provisions of 32 U.S.C. or other federal law or 4 25 regulation as part of the Iowa army national guard or Iowa air 4 26 national guard and paid for with federal funds. 4 27 Sec. 13. Section 29A.8A, Code 2003, is amended to read as 4 28 follows: 4 29 29A.8AACTIVE STATESTATE MILITARY SERVICE. 4 30 If federal funding and authorization exist for this 4 31 purpose, the governor may order toactivestate military 4 32 service the military forces of the Iowa army national guard or 4 33 Iowa air national guard as the governor may deem appropriate 4 34 for the purposes of homeland security, homeland defense, or 4 35 other duty. A state employee shall take either a full day's 5 1 leave or eight hours of compensatory time on a day in which 5 2 the state employee receives a full day's pay from federal 5 3 funds for national guard duty. 5 4 Sec. 14. Section 29A.28, subsections 1 and 3, Code 5 5 Supplement 2003, are amended to read as follows: 5 6 1. All officers and employees of the state, or a 5 7 subdivision thereof, or a municipality other than employees 5 8 employed temporarily for six months or less, who are members 5 9 of the national guard, organized reserves or any component 5 10 part of the military, naval, or air forces or nurse corps of 5 11 this state or nation, or who are or may be otherwise inducted 5 12 into the military service of this state or of the United 5 13 States, shall, when ordered by proper authority to state 5 14 active duty,activestate military service, or federal 5 15 service, be entitled to a leave of absence from such civil 5 16 employment for the period of state active duty,activestate 5 17 military service, or federal service, without loss of status 5 18 or efficiency rating, and without loss of pay during the first 5 19 thirty days of such leave of absence. Where state active 5 20 duty,activestate military service, or federal service is for 5 21 a period less than thirty days, a leave of absence under this 5 22 section shall only be required for those days that the civil 5 23 employee would normally perform services for the state, 5 24 subdivision of the state, or a municipality. 5 25 3. Upon returning from a leave of absence under this 5 26 section, an employee shall be entitled to return to the same 5 27 position and classification held by the employee at the time 5 28 of entry into state active duty,activestate military 5 29 service, or federal service or to the position and 5 30 classification that the employee would have been entitled to 5 31 if the continuous civil service of the employee had not been 5 32 interrupted by state active duty,activestate military 5 33 service, or federal service. Under this subsection, 5 34 "position" includes the geographical location of the position. 5 35 Sec. 15. Section 29A.90, subsection 3, Code Supplement 6 1 2003, is amended to read as follows: 6 2 3. "Military service" means full-timeactivestate 6 3 military service or state active duty, as defined in section 6 4 29A.1, for a period of at least ninety consecutive days, 6 5 commencing on or after April 22, 2002. 6 6 Sec. 16. Section 29B.13, unnumbered paragraph 1, Code 6 7 2003, is amended to read as follows: 6 8 Under regulations as may be prescribed under this code a 6 9 person subject to this code who is onactivestate military 6 10 service or state active duty who is accused of an offense 6 11 against civil authority may be delivered, upon request, to the 6 12 civil authority for trial. 6 13 Sec. 17. Section 72.5, subsection 2, Code 2003, is amended 6 14 to read as follows: 6 15 2. In connection with development of a statewide building 6 16 energy efficiency rating system, pursuant to section 473.40, 6 17 the director of the department of natural resources in 6 18 consultation with the department of management, state building 6 19 codedirectorcommissioner, and state fire marshal, shall 6 20 develop standards and methods to evaluate design development 6 21 documents and construction documents based upon the energy 6 22 efficiency rating system for public buildings, and other life 6 23 cycle cost factors, to facilitate fair and uniform comparisons 6 24 between design proposals and informed decision making by 6 25 public bodies. 6 26 Sec. 18. Section 80.35, Code Supplement 2003, is amended 6 27 to read as follows: 6 28 80.35 TRANSITION. 6 29 Persons employed by the department ofadministrative6 30 general services as capitol security force officers shall be 6 31 transferred to the division of capitol security of the 6 32 department of public safety on July 1, 1976. Persons 6 33 transferred pursuant to this section shall retain their 6 34 positions as capitol police officers, shall not be subject to 6 35 the requirements and conditions of section 80.15, and shall 7 1 remain under the Iowa public employees' retirement system. 7 2 Persons employed after July 1, 1976, by the department of 7 3 public safety as capitol police officers within the division 7 4 of capitol police shall be subject to the requirements and 7 5 conditions of section 80.15, except those requirements 7 6 relating to age, and shall be subject to the Iowa public 7 7 employees' retirement system. The minimum age for persons 7 8 employed by the division of capitol police shall be eighteen. 7 9 Sec. 19. Section 80B.5, Code 2003, is amended to read as 7 10 follows: 7 11 80B.5 ADMINISTRATION. 7 12 The administration ofthe Iowa law enforcement academy and7 13council Actthis chapter shall be vested in the office of the 7 14 governor. A director of the academy and such staff as may be 7 15 necessary for it to function shall be employed pursuant to the 7 16 Iowa merit system. 7 17 Sec. 20. Section 80B.11E, subsection 4, Code Supplement 7 18 2003, is amended to read as follows: 7 19 4. An individual who has not been hired by a law 7 20 enforcement agency must be hired by a law enforcement agency 7 21 within eighteen months of completing the appropriate 7 22 coursework at the law enforcement academy in order to obtain 7 23 certification pursuant to thissectionchapter. 7 24 Sec. 21. Section 96.7, subsection 12, paragraph a, Code 7 25 Supplement 2003, is amended to read as follows: 7 26 a. An employer other than a governmental entity or a 7 27 nonprofit organization, subject to this chapter, shall pay an 7 28 administrative contribution surcharge equal in amount to one- 7 29 tenth of one percent of federal taxable wages, as defined in 7 30 section 96.19, subsection 37, paragraph "b", subject to the 7 31 surcharge formula to be developed by the department under this 7 32 paragraph. The department shall develop a surcharge formula 7 33 that provides a target revenue level of no greater than six 7 34 million five hundred twenty-five thousand dollars for calendar 7 35 years 2003, 2004, and 2005 and a target revenue level of no 8 1 greater than three million two hundred sixty-two thousand five 8 2 hundred dollars for calendar year 2006 and each subsequent 8 3 calendar year. The department shall reduce the administrative 8 4 contribution surcharge established for any calendar year 8 5 proportionate to any federal government funding that provides 8 6 an increased allocation of moneys for workforce development 8 7 offices, under the federal employment services financing 8 8 reform legislation. Any administrative contribution surcharge 8 9 revenue that is collected in calendar year 2003, 2004, or 2005 8 10 in excess of six million five hundred twenty-five thousand 8 11 dollars or in calendar year 2006 or a subsequent calendar year 8 12 in excess of three million two hundred sixty-two thousand five 8 13 hundred dollars shall be deducted from the amount to be 8 14 collected in the subsequent calendar year2003before the 8 15 department establishes the administrative contribution 8 16 surcharge. The department shall recompute the amount as a 8 17 percentage of taxable wages, as defined in section 96.19, 8 18 subsection 37, and shall add the percentage surcharge to the 8 19 employer's contribution rate determined under this section. 8 20 The percentage surcharge shall be capped at a maximum of seven 8 21 dollars per employee. The department shall adopt rules 8 22 prescribing the manner in which the surcharge will be 8 23 collected. Interest shall accrue on all unpaid surcharges 8 24 under this subsection at the same rate as on regular 8 25 contributions and shall be collectible in the same manner. 8 26 Interest accrued and collected under this paragraph and 8 27 interest earned and credited to the fund under paragraph "b" 8 28 shall be used by the department only for the purposes set 8 29 forth in paragraph "c". 8 30 Sec. 22. Section 97B.66, unnumbered paragraph 2, Code 8 31 Supplement 2003, is amended to read as follows: 8 32 The contributions paid by the vested or retired member 8 33 shall be equal to the accumulated contributions as defined in 8 34 section 97B.1A, subsection 2, by the member for the applicable 8 35 period of service, and the employer contribution for the 9 1 applicable period of service under theteachers insurance and9 2annuity association college retirement equities fundteachers 9 3 insurance and annuity association-college retirement equities 9 4 fund (TIAA-CREF), that would have been or had been contributed 9 5 by the vested or retired member and the employer, if 9 6 applicable, plus interest on the contributions that would have 9 7 accrued for the applicable period from the date the previous 9 8 applicable period of service commenced under this retirement 9 9 system or from the date the service of the member in the 9 10 teachers insurance and annuity association-college retirement 9 11 equities fund (TIAA-CREF) commenced to the date of payment of 9 12 the contributions by the member as provided in section 97B.70. 9 13 Sec. 23. Section 99B.9, subsection 1, unnumbered paragraph 9 14 1, Code Supplement 2003, is amended to read as follows: 9 15 Except as otherwise permitted by section 99B.3, 99B.5, 9 16 99B.6, 99B.7, 99B.8, 99B.11, or 99B.12A, it is unlawful to 9 17 permit gambling on any premises owned, leased, rented, or 9 18 otherwise occupied by a person other than a government, 9 19 governmental agency, or governmental subdivision, unless all 9 20 of the following are complied with: 9 21 Sec. 24. Section 99D.24, subsection 4, unnumbered 9 22 paragraph 1, Code 2003, is amended to read as follows: 9 23 A person commits a class "D" felony and, in addition, shall 9 24 be barred for life from racetracks under thejursidiction9 25 jurisdiction of the commission, if the person does any of the 9 26 following: 9 27 Sec. 25. Section 99G.8, subsection 9, Code Supplement 9 28 2003, is amended to read as follows: 9 29 9. Board members shall be considered to hold public office 9 30 and shall give bondas suchas required in chapter 64. 9 31 Sec. 26. Section 99G.10, subsection 8, Code Supplement 9 32 2003, is amended to read as follows: 9 33 8. A background investigation shall be conducted by the 9 34 department of public safety, division of criminal 9 35 investigation, on each applicant who has reached the final 10 1 selection process prior to employment by the authority. For 10 2 positions not designated as sensitive by the board, the 10 3 investigation may consist of a state criminal history 10 4 background check, work history, and financial review. The 10 5 board shall identify those sensitive positions of the 10 6 authority which require full background investigations, which 10 7 positions shall include, at a minimum, any officer of the 10 8 authority, and any employee with operational management 10 9 responsibilities, security duties, or system maintenance or 10 10 programming responsibilities related to the authority's data 10 11 processing or network hardware, software, communication, or 10 12 related systems. In addition to a work history and financial 10 13 review, a full background investigation may include a national 10 14 criminal historyrecordcheck through the federal bureau of 10 15 investigation. The screening of employees through the federal 10 16 bureau of investigation shall be conducted by submission of 10 17 fingerprints through the state criminal historyrecord10 18 repository to the federal bureau of investigation. The 10 19 results of background investigations conducted pursuant to 10 20 this section shall not be considered public records under 10 21 chapter 22. 10 22 Sec. 27. Section 99G.33, Code Supplement 2003, is amended 10 23 to read as follows: 10 24 99G.33 LAW ENFORCEMENT INVESTIGATIONS. 10 25 The department of public safety, division of criminal 10 26 investigation, shall be the primary state agency responsible 10 27 for investigating criminal violations under this chapter. The 10 28 chief executive officer shall contract with the department of 10 29 public safety for investigative services, including the 10 30 employment of special agents and support personnel, and 10 31 procurement of necessary equipment to carry out the 10 32 responsibilities of the division of criminal investigation 10 33 under the terms of theagreementcontract and this chapter. 10 34 Sec. 28. Section 100.35, unnumbered paragraph 2, Code 10 35 2003, is amended to read as follows: 11 1 Rules by the fire marshal affecting the construction of new 11 2 buildings, additions to buildings or rehabilitation of 11 3 existing buildings and related to fire protection, shall be 11 4 substantially in accord with the provisions of the nationally 11 5 recognized building and related codes adopted as the state 11 6 building code pursuant to section 103A.7 or with codes adopted 11 7 by a local subdivision which are in substantial accord with 11 8 the codes comprising the state building code. 11 9 Sec. 29. Section 100.38, Code 2003, is amended to read as 11 10 follows: 11 11 100.38 CONFLICTING STATUTES. 11 12 Provisions of this chapter in conflict with the state 11 13 building code, as adopted pursuant to section 103A.7, shall 11 14 not apply where the state building code has been adopted or 11 15 when the state building code applies throughout the state. 11 16 Sec. 30. Section 100.39, unnumbered paragraph 3, Code 11 17 2003, is amended to read as follows: 11 18 Plans and installation of systems shall be approved by the 11 19 state fire marshal, a designee of the state fire marshal, or 11 20 local authorities having jurisdiction. Except where local 11 21 fire protection regulations are more stringent, the provisions 11 22 of this section shall be applicable to all buildings, whether 11 23 privately or publicly owned. The definition of terms shall be 11 24 in conformity, insofar as possible, with definitions found in 11 25 the state building code adopted pursuant to section 103A.7. 11 26 Sec. 31. Section 100B.8, Code Supplement 2003, is amended 11 27 to read as follows: 11 28 100B.8 EMPLOYEES. 11 29 Employees of the fire service institute at Iowa state 11 30 university on July 1, 2000, may elect to transfer to the 11 31 department of public safety in a position and at a pay range 11 32 commensurate with their duties as determined by the department 11 33 ofadministrative servicespersonnel, the department of public 11 34 safety, and the employee's certified collective bargaining 11 35 representative. 12 1 Sec. 32. Section 124.401, subsection 1, paragraph b, 12 2 subparagraph (8), Code Supplement 2003, is amended to read as 12 3 follows: 12 4 (8) More than five grams but not more than five kilograms 12 5 of amphetamine, its salts, isomers, or salts of isomers, or 12 6 any compound, mixture, or preparation which contains any 12 7 quantityofor detectable amount of amphetamine, its salts, 12 8 isomers, and salts of isomers. 12 9 Sec. 33. Section 135.18, Code 2003, is amended to read as 12 10 follows: 12 11 135.18 CONFLICTING STATUTES. 12 12 Provisions of this chapter in conflict with the state 12 13 building code, as adopted pursuant to section 103A.7, shall 12 14 not apply where the state building code has been adopted or 12 15 when the state building code applies throughout the state. 12 16 Sec. 34. Section 135.142, subsection 2, Code Supplement 12 17 2003, is amended to read as follows: 12 18 2. If a public health disaster exists or there is 12 19 reasonable cause to believe that a public health disaster is 12 20 imminent and if the public health disaster or belief that a 12 21 public health disaster is imminent results in a statewide or 12 22 regional shortage or threatened shortage of any product 12 23 described under subsection 1, whether or not such product has 12 24 been purchased by the department, the department may control, 12 25 restrict, and regulate by rationing and using quotas, 12 26 prohibitions on shipments, allocation, or other means, the 12 27 use, sale, dispensing, distribution, or transportation of the 12 28 relevant product necessary to protect the public health, 12 29 safety, and welfare of the people of this state. The 12 30 department shall collaborate with persons who have control of 12 31 the products when reasonably possible. 12 32 Sec. 35. Section 135.106, Code 2003, is amended to read as 12 33 follows: 12 34 135.106 HEALTHY FAMILIESIOWA PROGRAMPROGRAMS – 12 35 ESTABLISHED. 13 1 1. The Iowa department of public health shall establish a 13 2 healthy opportunities for parents to experience success 13 3 (HOPES)–healthy families Iowa (HFI) program to provide 13 4 services to families and children during the prenatal through 13 5 preschool years. The program shall be designed to do all of 13 6 the following: 13 7 a. Promote optimal child health and development. 13 8 b. Improve family coping skills and functioning. 13 9 c. Promote positive parenting skills and intrafamilial 13 10 interaction. 13 11 d. Prevent child abuse and neglect and infant mortality 13 12 and morbidity. 13 13 2. TheHOPESHOPES-HFI program shall be developed by the 13 14 Iowa department of public health, and may be implemented, in 13 15 whole or in part, by contracting with a nonprofit child abuse 13 16 prevention organization, local nonprofit certified home health 13 17 program or other local nonprofit organizations, and shall 13 18 include, but is not limited to, all of the following 13 19 components: 13 20 a. Identification of barriers to positive birth outcomes, 13 21 encouragement of collaboration and cooperation among providers 13 22 of health care, social and human services, and other services 13 23 to pregnant women and infants, and encouragement of pregnant 13 24 women and women of childbearing age to seek health care and 13 25 other services which promote positive birth outcomes. 13 26 b. Provision of community-based home-visiting family 13 27 support to pregnant women and new parents who are identified 13 28 through a standardized screening process to be at high risk 13 29 for problems with successfully parenting their child. 13 30 c. Provision by family support workers of individual 13 31 guidance, information, and access to health care and other 13 32 services through care coordination and community outreach, 13 33 including transportation. 13 34 d. Provision of systematic screening, prenatally or upon 13 35 the birth of a child, to identify high-risk families. 14 1 e. Interviewing by aHOPESHOPES-HFI program worker or 14 2 hospital social worker of families identified as high risk and 14 3 encouragement of acceptance of family support services. 14 4 f. Provision of services including, but not limited to, 14 5 home visits, support services, and instruction in child care 14 6 and development. 14 7 g. Individualization of the intensity and scope of 14 8 services based upon the family's needs, goals, and level of 14 9 risk. 14 10 h. Assistance by a family support worker to participating 14 11 families in creating a link to a "medical home" in order to 14 12 promote preventive health care. 14 13 i. Evaluation and reporting on the program, including an 14 14 evaluation of the program's success in reducing participants' 14 15 risk factors and provision of services and recommendations for 14 16 changes in or expansion of the program. 14 17 j. Provision of continuous follow-up contact with a family 14 18 served by the program until identified children reach age 14 19 three or age four in cases of continued high need or until the 14 20 family attains its individualized goals for health, 14 21 functioning, and self-sufficiency. 14 22 k. Provision or employment of family support workers who 14 23 have experience as a parent, knowledge of health care 14 24 services, social and human services, or related community 14 25 services and have participated in a structured training 14 26 program. 14 27 l. Provision of a training program that meets established 14 28 standards for the education of family support workers. The 14 29 structured training program shall include at a minimum the 14 30 fundamentals of child health and development, dynamics of 14 31 child abuse and neglect, and principles of effective parenting 14 32 and parenting education. 14 33 m. Provision of crisis child care through utilization of 14 34 existing child care services to participants in the program. 14 35 n. Program criteria shall include a required match of one 15 1 dollar provided by the organization contracting to deliver 15 2 services for each two dollars provided by the state grant. 15 3 This requirement shall not restrict the department from 15 4 providing unmatched grant funds to communities to plan new or 15 5 expanded programs forHOPESHOPES-HFI. The department shall 15 6 establish a limit on the amount of administrative costs that 15 7 can be supported with state funds. 15 8 o. Involvement with the community assessment and planning 15 9 process in the community served byHOPESHOPES-HFI programs to 15 10 enhance collaboration and integration of family support 15 11 programs. 15 12 p. Collaboration, to the greatest extent possible, with 15 13 other family support programs funded or operated by the state. 15 14 q. Utilization of private party, third party, and medical 15 15 assistance for reimbursement to defray the costs of services 15 16 provided by the program to the extent possible. 15 17 3. It is the intent of the general assembly to provide 15 18 communities with the discretion and authority to redesign 15 19 existing local programs and services targeted at and assisting 15 20 families expecting babies and families with children who are 15 21 newborn through five years of age. The Iowa department of 15 22 public health, department of human services, department of 15 23 education, and other state agencies and programs, as 15 24 appropriate, shall provide technical assistance and support to 15 25 communities desiring to redesign their local programs and 15 26 shall facilitate the consolidation of existing state funding 15 27 appropriated and made available to the community for family 15 28 support services. Funds which are consolidated in accordance 15 29 with this subsection shall be used to support the redesigned 15 30 service delivery system. In redesigning services, communities 15 31 are encouraged to implement a single uniform family risk 15 32 assessment mechanism and shall demonstrate the potential for 15 33 improved outcomes for children and families. Requests by 15 34 local communities for the redesigning of services shall be 15 35 submitted to the Iowa department of public health, department 16 1 of human services, and department of education, and are 16 2 subject to the approval of the Iowa empowerment board in 16 3 consultation with the departments, based on the innovation 16 4 zone principles established in section 8A.2, Code 1997. 16 5 Sec. 36. Section 135B.17, unnumbered paragraph 2, Code 16 6 2003, is amended to read as follows: 16 7 Provisions of this chapter in conflict with the state 16 8 building code, as adopted pursuant to section 103A.7, shall 16 9 not apply where the state building code has been adopted or 16 10 when the state building code applies throughout the state. 16 11 Sec. 37. Section 135C.28, Code 2003, is amended to read as 16 12 follows: 16 13 135C.28 CONFLICTING STATUTES. 16 14 Provisions of this chapter in conflict with the state 16 15 building code, as adopted pursuant to section 103A.7, shall 16 16 not apply where the state building code has been adopted or 16 17 when the state building code applies throughout the state. 16 18 Sec. 38. Section 137C.31, Code 2003, is amended to read as 16 19 follows: 16 20 137C.31 CONFLICTS WITH STATE BUILDING CODE. 16 21 Provisions of the Iowa hotel sanitation code in conflict 16 22 with the state building code, as adopted pursuant to section 16 23 103A.7, shall not apply where the state building code has been 16 24 adopted or when the state building code applies throughout the 16 25 state. 16 26 Sec. 39. Section 137D.6, Code 2003, is amended to read as 16 27 follows: 16 28 137D.6 CONFLICTS WITH STATE BUILDING CODE. 16 29 Provisions of this chapter, including standards for home 16 30 food establishments adopted by the department, in conflict 16 31 with the state building code, as adopted pursuant to section 16 32 103A.7, shall not apply where the state building code has been 16 33 adopted or when the state building code applies throughout the 16 34 state. 16 35 Sec. 40. Section 137F.16, Code 2003, is amended to read as 17 1 follows: 17 2 137F.16 CONFLICTS WITH STATE BUILDING CODE. 17 3 Provisions of this chapter in conflict with the state 17 4 building code, as adopted pursuant to section 103A.7, shall 17 5 not apply where the state building code has been adopted or 17 6 when the state building code applies throughout the state. 17 7 Sec. 41. Section 145A.16, subsection 4, Code 2003, is 17 8 amended to read as follows: 17 9 4. Donations and gifts which may be accepted by the 17 10 hospital trustees and expended in accordance with the terms of 17 11 the gift without compliance with the local budget law, chapter 17 12 24. 17 13 Sec. 42. Section 167.11, unnumbered paragraph 2, Code 17 14 2003, is amended to read as follows: 17 15 This section shall not apply where the state building code, 17 16 as adopted pursuant to section 103A.7, has been adopted or 17 17 when the state building code applies throughout the state. 17 18 Sec. 43. Section 232.71D, subsection 3, paragraph i, 17 19 subparagraph (5), Code 2003, is amended to read as follows: 17 20 (5) Medical assistance home and community-based services 17 21 waiver for persons with mental retardation residential program 17 22 regulated by the department of human services and the 17 23 department of inspections and appeals. 17 24 Sec. 44. Section 237A.29, subsection 3, paragraph a, Code 17 25 Supplement 2003, is amended to read as follows: 17 26 a. If a child care provider is subject to sanctions under 17 27 subsection 2, within five business days of the date the 17 28 sanctionswereare imposed, the provider shall submit to the 17 29 department the names and addresses of children receiving child 17 30 care from the provider. The department shall send information 17 31 to the parents of the children regarding the provider's 17 32 actions leading to the imposition of the sanctions and the 17 33 nature of the sanctions imposed. 17 34 Sec. 45. Section 249A.12, subsection 2, Code Supplement 17 35 2003, is amended to read as follows: 18 1 2. A county shall reimburse the department on a monthly 18 2 basis for that portion of the cost of assistance provided 18 3 under this section to a recipient with legal settlement in the 18 4 county, which is not paid from federal funds, if the 18 5 recipient's placement has been approved by the appropriate 18 6 review organization as medically necessary and appropriate. 18 7 The department's goal for the maximum time period for 18 8 submission of a claim to a county is not more than sixty days 18 9 following the submission of the claim by the provider of the 18 10 service to the department. The department's goal for 18 11 completion and crediting of a county for cost settlement for 18 12 the actual costs of a service under a home and community-based 18 13 services waiverservice is within two hundred seventy days of 18 14 the close of a fiscal year for which cost reports are due from 18 15 providers. The department shall place all reimbursements from 18 16 counties in the appropriation for medical assistance, and may 18 17 use the reimbursed funds in the same manner and for any 18 18 purpose for which the appropriation for medical assistance may 18 19 be used. 18 20 Sec. 46. Section 249A.12, subsection 5, paragraph a, 18 21 unnumbered paragraph 1, Code Supplement 2003, is amended to 18 22 read as follows: 18 23 The mental health and developmental disabilities commission 18 24 shall recommend to the department the actions necessary to 18 25 assist in the transition of individuals being served in an 18 26 intermediate care facility for persons with mental 18 27 retardation, who are appropriate for the transition, to 18 28 services funded under a medical assistancewaiver forhome and 18 29 community-based services waiver for persons with mental 18 30 retardation in a manner which maximizes the use of existing 18 31 public and private facilities. The actions may include but 18 32 are not limited to submitting any of the following or a 18 33 combination of any of the following as a request for a 18 34 revision of the medical assistancewaiver forhome and 18 35 community-based services waiver for persons with mental 19 1 retardation in effect as of June 30, 1996: 19 2 Sec. 47. Section 249A.12, subsection 5, paragraph a, 19 3 subparagraph (1), Code Supplement 2003, is amended to read as 19 4 follows: 19 5 (1) Allow for the transition of intermediate care 19 6 facilities for persons with mental retardation licensed under 19 7 chapter 135C as of June 30, 1996, to services funded under the 19 8 medical assistancewaiver forhome and community-based 19 9 services waiver for persons with mental retardation. The 19 10 request shall be for inclusion of additional persons under the 19 11 waiver associated with the transition. 19 12 Sec. 48. Section 249A.30, Code 2003, is amended to read as 19 13 follows: 19 14 249A.30 HOME AND COMMUNITY-BASED SERVICES WAIVERSERVICES19 15 – SERVICE PROVIDER REIMBURSEMENT. 19 16 1. The base reimbursement rate for a provider of services 19 17 under a medical assistance program home and community-based 19 18 services waiver for persons with mental retardation shall be 19 19 recalculated at least every three years to adjust for the 19 20 changes in costs during the immediately preceding three-year 19 21 period. 19 22 2. The annual inflation factor used to adjust such a 19 23 provider's reimbursement rate for a fiscal year shall not 19 24 exceed the percentage increase in the employment cost index 19 25 for private industry compensation issued by the federal 19 26 department of labor, bureau of labor statistics, for the most 19 27 recently completed calendar year. 19 28 Sec. 49. Section 249H.3, subsections 1 and 4, Code 2003, 19 29 are amended to read as follows: 19 30 1. "Affordable" means rates for payment of services which 19 31 do not exceed the rates established for providers of medical 19 32 and health services under the medical assistance program with 19 33 eligibility for an individual equal to the eligibility for 19 34 medical assistance pursuant to section 249A.3. In relation to 19 35 services provided by a provider of services under a home and 20 1 community-based services waiver, "affordable" means that the 20 2 total monthly cost of the services provided under the home and 20 3 community-based services waiverservices provideddoes not 20 4 exceed the cost for that level of care as established by rule 20 5 by the department of human services, pursuant to chapter 17A, 20 6 in consultation with the department of elder affairs. 20 7 4. "Long-term care alternatives" means those services 20 8 specified as services under the medical assistanceprogram as20 9 home and community-based services waiverservicesfor elder 20 10 persons or adults with disabilities, elder group homes 20 11 certified under chapter 231B, assisted-living programs 20 12 certified under chapter 231C, and the PACE program. 20 13 Sec. 50. Section 249H.5, subsection 2, paragraph c, 20 14 subparagraphs (2) and (3), Code 2003, are amended to read as 20 15 follows: 20 16 (2) Expenses incurred in administration of medical 20 17 assistance home and community-based services waivers and the 20 18 PACE program due to implementation of the senior living trust 20 19 fund. 20 20 (3) Expenses incurred due to increased service delivery 20 21 provided under medical assistance home and community-based 20 22 services waivers as a result of nursing facility conversions 20 23 and long-term care service development, for the fiscal period 20 24 beginning July 1, 2000, and ending on or before June 30, 2005. 20 25 Sec. 51. Section 249H.5, subsection 2, paragraph e, Code 20 26 2003, is amended to read as follows: 20 27 e. To the department of human services an amount 20 28 necessary, annually, for additional expenses incurred relative 20 29 to implementation of the senior living program in assisting 20 30 home and community-based services waiver consumers with rent 20 31 expenses pursuant to the state supplementary assistance 20 32 program. 20 33 Sec. 52. Section 255.13, Code Supplement 2003, is amended 20 34 to read as follows: 20 35 255.13 ATTENDANT – PHYSICIAN – COMPENSATION. 21 1 If the physician appointed to examine the patient certifies 21 2 that an attendant is needed to accompany the patient to the 21 3 hospitalis necessary, and the university hospital attendant 21 4 and ambulance service is not available, the county general 21 5 assistance director may appoint an attendant who shall receive 21 6 not exceeding two dollars per day for the time thus 21 7 necessarily employed and actual necessarytravelingexpenses 21 8 for travel by the most feasible route to the hospital whether 21 9 by ambulance, train, or automobile; but if such appointee is a 21 10 relative of the patient or a member of the patient's immediate 21 11 family, or receives a salary or other compensation from the 21 12 public for the appointee's services, no such per diem 21 13 compensation shall be paid. The physician appointed to make 21 14 the examination and report shall receive three dollars for 21 15 each examination and report so made and the physician's actual 21 16 necessary expenses incurred in making such examination, but if 21 17 the physician receives a salary or other compensation from the 21 18 public for the physician's full-time services, no such 21 19 examination fee shall be paid. The actual, necessary expenses 21 20 of transporting and caring for the patient shall be paid as 21 21 provided in this chapter. 21 22 Sec. 53. Section 256A.3, subsection 7, Code Supplement 21 23 2003, is amended to read as follows: 21 24 7. Encourage the establishment of regional councils 21 25 designed to facilitate the development on a regional basis of 21 26 programs for at-riskthree-year-three-year-old and at-risk 21 27 four-year-old children. 21 28 Sec. 54. Section 260C.14, subsection 20, unnumbered 21 29 paragraph 1, Code Supplement 2003, is amended to read as 21 30 follows: 21 31 Adopt a policy to offer not less than the following options 21 32 to a student who is a member of the Iowa national guard or 21 33 reserve forces of the United States and who is ordered to 21 34activestate military service or federal service or duty: 21 35 Sec. 55. Section 260C.18, subsection 6, Code 2003, is 22 1 amended to read as follows: 22 2 6. Donations and gifts which may be accepted by the 22 3 governing board and expended in accordance with the terms of 22 4 the gift without compliance with the local budget law, chapter 22 5 24. 22 6 Sec. 56. Section 261.9, subsection 1, paragraph g, 22 7 unnumbered paragraph 1, Code Supplement 2003, is amended to 22 8 read as follows: 22 9 Adopts a policy to offer not less than the following 22 10 options to a student who is a member of the Iowa national 22 11 guard or reserve forces of the United States and who is 22 12 ordered toactivestate military service or federal service or 22 13 duty: 22 14 Sec. 57. Section 262.9, subsection 29, unnumbered 22 15 paragraph 1, Code Supplement 2003, is amended to read as 22 16 follows: 22 17 Direct the institutions of higher education under its 22 18 control to adopt a policy to offer not less than the following 22 19 options to a student who is a member of the Iowa national 22 20 guard or reserve forces of the United States and who is 22 21 ordered toactivestate military service or federal service or 22 22 duty: 22 23 Sec. 58. Section 285.10, subsection 7, paragraph b, Code 22 24 Supplement 2003, is amended to read as follows: 22 25 b.May purchaseBy purchasing buses andenterentering 22 26 into contracts to pay for such buses over a five-year period 22 27 as follows: one-fourth of the cost when the bus is delivered 22 28 and the balance in equal annual installments, plus simple 22 29 interest due. The interest rate shall be the lowest rate 22 30 available and shall not exceed the rate in effect under 22 31 section 74A.2. The bus shall serve as security for balance 22 32 due. Competitive bids on comparable equipment shall be 22 33 requested on all school bus purchases and shall be based upon 22 34 minimum construction standards established by the department 22 35 of education. Bids shall be requested unless the bus is a 23 1 used or demonstrator bus. 23 2 Sec. 59. Section 292.4, Code Supplement 2003, is amended 23 3 to read as follows: 23 4 292.4 APPROPRIATION. 23 5 There is appropriated from the general fund of the state 23 6 from moneys credited to the general fund of the state as a 23 7 result of the state entering into the streamlined sales and 23 8 use tax agreement to the secure an advanced vision for 23 9 education fund created in section 422E.3A, the sum of five 23 10 million dollars for each fiscal year of the fiscal period 23 11 beginning July 1, 2004, and ending June 30, 2014. The 23 12 appropriation in this section shall be made after the 23 13 appropriation from the same source to the grow Iowa values 23 14 fund created in2003 Iowa Acts, First Extraordinary Session,23 15chapter 1, or another Actsection 15G.108. For purposes of 23 16 this section, "moneys credited to the general fund of the 23 17 state as a result of entering into the streamlined sales and 23 18 use tax agreement" means the amount of sales and use tax 23 19 receipts credited to the general fund of the state during a 23 20 fiscal year that exceeds by two percent or more the total 23 21 sales and use tax receipts credited to the general fund of the 23 22 state during the previous fiscal year. 23 23 Sec. 60. Section 305.9, subsection 1, paragraph k, Code 23 24 Supplement 2003, is amended to read as follows: 23 25 k. Manage the state archives and develop operating 23 26 procedures for the transfer,accessioningaccession, 23 27 arrangement, description, preservation, protection, and public 23 28 access of those records the commission identifies as having 23 29 permanent value. 23 30 Sec. 61. Section 322B.2, subsection 8, Code 2003, is 23 31 amended to read as follows: 23 32 8. "Modular home" means a factory-built structure which is 23 33 manufactured to be used as a place of human habitation, is 23 34 constructed to comply with the Iowa state building code for 23 35 modular factory-built structures, as adopted pursuant to 24 1 section 103A.7, and displays a seal issued by the state 24 2 building code commissioner. 24 3 Sec. 62. Section 322F.1, subsection 1, Code Supplement 24 4 2003, is amended to read as follows: 24 5 1. "Agricultural equipment" means a device, part of a 24 6 device, or an attachmentofto a device designed to be 24 7 principally used for an agricultural purpose. "Agricultural 24 8 equipment" includes but is not limited to equipment associated 24 9 with livestock or crop production, horticulture, or 24 10 floriculture. "Agricultural equipment" includes but is not 24 11 limited to tractors; trailers; combines; tillage, planting, 24 12 and cultivating implements;bailersbalers; irrigation 24 13 implements; and all-terrain vehicles. 24 14 Sec. 63. Section 322F.7, subsection 7, paragraph a, 24 15 subparagraph (1), Code Supplement 2003, is amended to read as 24 16 follows: 24 17 (1) For a dealership agreement governing equipment other 24 18 than outdoor power equipment, takes action terminating, 24 19 canceling, or failing to renew the dealership agreement, or 24 20 substantially changes the competitive circumstances intended 24 21 by the dealership agreement, due to the results of conditions 24 22 beyond the dealer's control, including drought, flood, labor 24 23 disputes, or economic recession. 24 24 Sec. 64. Section 331.440A, subsection 6, paragraph c, 24 25 subparagraph (1), Code 2003, is amended to read as follows: 24 26 (1) State and federal medical assistance funding for 24 27 services under a home and community-basedwaiverservices 24 28 waiver to persons with mental retardation. 24 29 Sec. 65. Section 384.38, subsection 2, Code 2003, is 24 30 amended to read as follows: 24 31 2. Upon petition as provided in section 384.41, subsection 24 32 1, a city may assess to private property affected by public 24 33 improvements within three miles of the city's boundaries the 24 34 cost of construction and repair of public improvements within 24 35 that area. The right-of-way of a railway company shall not be 25 1 assessed unless the company joins as a petitioner for said 25 2 improvements. In the petition the property owners shall waive 25 3 the limitation provided in section 384.62 that an assessment 25 4mayshall not exceed twenty-five percent of the value of the 25 5 lot. The petition shall contain a statement that the owners 25 6 agree to pay the city an amount equal to five percent of the 25 7 cost of the improvements, to cover administrative expenses 25 8 incurred by the city. This amount may be added to the cost of 25 9 the improvements. Before the council may adopt the resolution 25 10 of necessity, the preliminary resolution, preliminary plans 25 11 and specifications, plat, schedule, and estimate of cost must 25 12 be submitted to, and receive written approval from, the board 25 13 of supervisors of any county which contains part of the 25 14 property, and the city development board established in 25 15 section 368.9. 25 16 Sec. 66. Section 422.7, subsection 38, Code Supplement 25 17 2003, is amended to read as follows: 25 18 38. Subtract, to the extent not otherwise excluded, the 25 19 amount of withdrawals from qualified retirement plan accounts 25 20 made during the tax year if the taxpayer or taxpayer's spouse 25 21 is a member of the Iowa national guard or reserve forces of 25 22 the United States who is ordered toactivestate military 25 23 service or federal service or duty. In addition, a penalty 25 24 for such withdrawals shall not be assessed by the state. 25 25 Sec. 67. Section 422.42, subsection 4, Code 2003, is 25 26 amended to read as follows: 25 27 4. "Farm deer" means the same as defined in section189A.225 28 170.1. 25 29 Sec. 68. Section 422E.3A, subsection 2, paragraph b, 25 30 subparagraph (3), Code Supplement 2003, is amended to read as 25 31 follows: 25 32 (3) A school district that is located in whole or in part 25 33 in a county that voted on and approved the continuation of the 25 34 local sales and services tax for school infrastructure 25 35 purposes on or after April 1, 2003,the local sales and26 1services tax for school infrastructure purposesshall receive 26 2 an amount equal to its pro rata share of the local sales and 26 3 services tax receipts as provided in section 422E.3, 26 4 subsection 5, paragraph "d", not to exceed its guaranteed 26 5 school infrastructure amount. However, if the school 26 6 district's pro rata share is less than its guaranteed school 26 7 infrastructure amount, the district shall receive an 26 8 additional amount equal to its supplemental school 26 9 infrastructure amount. 26 10 Sec. 69. Section 422E.5, subsection 3, Code 2003, is 26 11 amended to read as follows: 26 12 3. Top priority in awarding program grants shall be the 26 13 making of school infrastructure improvements relating to fire 26 14 and personal safety. School districts eligible for program 26 15 grants shall have received an order or citation from the state 26 16 fire marshal, or a fire department chief or fire prevention 26 17 officer, for one or more fire safety violations regarding a 26 18 school facility, or in the opinion of the state fire marshal 26 19 shall be regarded as operating facilities subject to 26 20 significant fire safety deficiencies. Grant awards shall also 26 21 be available for defects or violations of the state building 26 22 code, as adopted pursuant to section 103A.7, revealed during 26 23 an inspection of school facilities by a local building 26 24 department, or for improvements consistent with the standards 26 25 and specifications contained in the state building code 26 26 regarding ensuring that buildings and facilities are 26 27 accessible to and functional for persons with disabilities. 26 28 The school budget review committee shall allocate program 26 29 funds to school districts which, in its discretion, are 26 30 determined to be faced with the most severe deficiencies. 26 31 School districts applying for program grants shall have 26 32 developed and submitted to the state fire marshal or local 26 33 building department a written plan to remedy fire or safety 26 34 defects within a specified time frame. Approval of the 26 35 written plan by the state fire marshal or local building 27 1 department shall be obtained prior to receipt of a grant award 27 2 by a school district. 27 3 Sec. 70. Section 426A.7, Code Supplement 2003, is amended 27 4 to read as follows: 27 5 426A.7 FORMS – RULES. 27 6 The director of revenue shall prescribe the form for the 27 7 making of a verified statement and designation of property 27 8 eligible for military service tax exemption, and the form for 27 9 the supporting affidavits required herein, and such other 27 10 forms as may be necessary for the proper administration of 27 11 this chapter.As soon as practicable after the effective date27 12of this chapter, and fromFrom time to timethereafteras 27 13 necessary, the department of revenue shall forward to the 27 14 county auditors of the several counties of the state, such 27 15 prescribed sample forms. The director of revenue shall have 27 16 the power and authority to prescribe rules, not inconsistent 27 17 with the provisions of this chapter, necessary to carry out 27 18 and effectuate its purposes. 27 19 Sec. 71. Section 435.1, subsection 7, Code 2003, is 27 20 amended to read as follows: 27 21 7. "Modular home" means a factory-built structure which is 27 22 manufactured to be used as a place of human habitation, is 27 23 constructed to comply with the Iowa state building code for 27 24 modular factory-built structures, as adopted pursuant to 27 25 section 103A.7, and must display the seal issued by the state 27 26 building code commissioner. If a modular home is placed in a 27 27 manufactured home community or mobile home park, the home is 27 28 subject to the annual tax as required by section 435.22. If a 27 29 modular home is placed outside a manufactured home community 27 30 or a mobile home park, the home shall be considered real 27 31 property and is to be assessed and taxed as real estate. 27 32 Sec. 72. Section 441.23, Code Supplement 2003, is amended 27 33 to read as follows: 27 34 441.23 NOTICE OF VALUATION. 27 35 If there has been an increase or decrease in the valuation 28 1 of the property, or upon the written request of the person 28 2 assessed, the assessor shall, at the time of making the 28 3 assessment, inform the person assessed, in writing, of the 28 4 valuation put upon the taxpayer's property, and notify the 28 5 person, that if the person feels aggrieved, to appear before 28 6 the board of review and show why the assessment should be 28 7 changed. However, if the valuation of a class of property is 28 8 uniformly decreased, the assessor may notify the affected 28 9 property owners by publication in the official newspapers of 28 10 the county. The owners of real property shall be notified not 28 11 later than April 15 of any adjustment of the real property 28 12 assessment. 28 13 Sec. 73. Section 453D.5, subsection 3, Code Supplement 28 14 2003, is amended to read as follows: 28 15 3. The attorney general may require at any time from a 28 16 nonparticipating manufacturer proof from the financial 28 17 institution in which thenonparticipatorynonparticipating 28 18 manufacturer has established a qualified escrow fund for the 28 19 purpose of compliance with chapter 453C, of the amount of 28 20 money in the qualified escrow fund, exclusive of interest, the 28 21 amount and date of each deposit into the qualified escrow 28 22 fund, and the amount and date of each withdrawal from the 28 23 qualified escrow fund. 28 24 Sec. 74. Section 455B.172, subsection 5, unnumbered 28 25 paragraph 2, Code 2003, is amended to read as follows: 28 26 The department shall by rule adopt standards for the 28 27 commercial cleaning of private sewage disposal facilities, 28 28 including but not limited to septic tanks and pits used to 28 29 collect waste in livestock confinement structures, and for the 28 30 disposal of waste from the facilities. The standards shall 28 31 not be in conflict with the state building code adopted 28 32 pursuant to section 103A.7. A person shall not commercially 28 33 clean such facilities or dispose of waste from such facilities 28 34 unless the person has been issued a license by the department. 28 35 The department shall be exclusively responsible for adopting 29 1 the standards and issuing licenses. However, county boards of 29 2 health shall enforce the standards and licensing requirements 29 3 established by the department. Application for the license 29 4 shall be made in the manner provided by the department. 29 5 Licenses expire one year from the date of issue unless revoked 29 6 and may be renewed in the manner provided by the department. 29 7 The license or license renewal fee is twenty-five dollars. A 29 8 person violating this section or the rules adopted pursuant to 29 9 this section, is subject to a civil penalty of not more than 29 10 twenty-five dollars. Each day that a violation continues 29 11 constitutes a separate offense. However, the total civil 29 12 penalty shall not exceed five hundred dollars per year. The 29 13 penalty shall be assessed for a violation occurring ten days 29 14 following written notice of the violation delivered to the 29 15 person by the department or a county board of health. Moneys 29 16 collected by the department or a county board of health from 29 17 the imposition of civil penalties shall be deposited in the 29 18 general fund of the state. 29 19 Sec. 75. Section 455D.19, subsection 4, unnumbered 29 20 paragraph 2, Code 2003, is amended to read as follows: 29 21 Concentration levels of lead, cadmium, mercury, and 29 22 hexavalent chromium shall be determined using ASTM (American 29 23standard ofsociety for testing and materials) international 29 24 test methods, as revised, or United States environmental 29 25 protection agency test methods for evaluating solid waste, S-W 29 26 846, as revised. 29 27 Sec. 76. Section 455H.204, subsection 2, paragraph d, Code 29 28 2003, is amended to read as follows: 29 29 d. Risk-based corrective action assessment principles 29 30 which identify risks presented to the public health and safety 29 31 or the environment by each released hazardous substance in a 29 32 manner that will protect the public health and safety or the 29 33 environment using a tiered procedure consistent with the ASTM 29 34 (American society for testingof materials'and materials) 29 35 international standards applied to nonpetroleum and petroleum 30 1 hazardous substances. 30 2 Sec. 77. Section 459.102, subsection 12, paragraph a, Code 30 3 Supplement 2003, is amended to read as follows: 30 4 a. A manager of a commercial manure service. As used in 30 5 this paragraph a "manager" is a person who is actively 30 6 involved in the operation of a commercial manure service and 30 7 takes an important part in making management decisions 30 8 substantially contributing to or affecting the success of the 30 9 commercial manure service. 30 10 Sec. 78. Section 459.401, subsection 2, paragraph a, 30 11 subparagraph (3), Code Supplement 2003, is amended to read as 30 12 follows: 30 13 (3) Educational program fees required to be paid by 30 14 commercial manure service representatives or confinement site 30 15 manure applicators pursuant to section 459.400. 30 16 Sec. 79. Section 496C.16, Code Supplement 2003, is amended 30 17 to read as follows: 30 18 496C.16 MANAGEMENT. 30 19 All directors of a professional corporation and all 30 20 officers of a professional corporation, except assistant 30 21 officers, shall at all times be individuals who are licensed 30 22 to practice in this state a profession which the corporation 30 23 is authorized to practice. However, upon the occurrence of 30 24 any event that requires the corporation either to be dissolved 30 25 or to elect to adopt the provisions of the Iowa business 30 26 corporation Act, chapter 490, as provided in section 496C.19, 30 27 provided the corporation ceases to practice the profession 30 28 that the corporation is authorized to practice, as provided in 30 29 section 496C.19, then individuals who are not licensed to 30 30 practice in this state a profession that the corporation is 30 31 authorized to practice may be appointed as officers and 30 32 directors for the sole purpose of carrying out the dissolution 30 33 of the corporation or, if applicable, the voluntary election 30 34 of the corporation to adopt the provisions of the Iowa 30 35 business corporation Act, as provided in section 496C.19. 31 1 Sec. 80. Section 497.33, Code Supplement 2003, is amended 31 2 to read as follows: 31 3 497.33 PERSONAL LIABILITY. 31 4 Except as otherwise provided in this chapter, a director, 31 5 officer, employee, or member of the corporation is not liable 31 6 on the corporation's debts or obligations and a director, 31 7 officer, member, or other volunteer is not personally liable 31 8 in that capacity, for a claim based upon any action taken, or 31 9 any failure to take action in the discharge of the person's 31 10 duties, except for the amount of a financial benefit received 31 11 by the person to which the person is not entitled, an 31 12 intentional infliction of harm on theassociationcorporation 31 13 or its members, or an intentional violation of criminal law. 31 14 Sec. 81. Section 499B.3, unnumbered paragraph 2, Code 31 15 2003, is amended to read as follows: 31 16 If the declaration is to convert an existing structure, the 31 17 declarant shall file the declaration of the horizontal 31 18 property regime with the city in which the regime is located 31 19 or with the county if not located within a city at least sixty 31 20 days before being recorded in the office of the county 31 21 recorder to enable the city or county, as applicable, to 31 22 establish that the converted structure meets appropriate 31 23 building code requirements as provided in section 499B.20. 31 24 However, if the city or county, as applicable, does not have a 31 25 building code, the declarant shall file the declaration with 31 26 the state building code commissioner instead of the applicable 31 27 city or county at least sixty days before the recording of the 31 28 declaration to enable the commissioner to establish that the 31 29 converted structure meets the state building code, as adopted 31 30 pursuant to section 103A.7. 31 31 Sec. 82. Section 499B.20, Code 2003, is amended to read as 31 32 follows: 31 33 499B.20 CONVERSIONS TO MEET BUILDING CODES. 31 34 After April 25, 2000, an existing structure shall not be 31 35 converted to a horizontal property regime unless the converted 32 1 structure meets local city or county, as applicable, building 32 2 code requirements in effect on the date of conversion or the 32 3 state building code requirements, as adopted pursuant to 32 4 section 103A.7, if the local city or county does not have a 32 5 building code. For purposes of this section, if the structure 32 6 is located in a city, the city building code applies and if 32 7 the structure is located in the unincorporated area of the 32 8 county, the county building code applies. 32 9 Sec. 83. Section 504A.29, subsection 1, Code 2003, is 32 10 amended to read as follows: 32 11 1. The name of the corporation and the chapter of the Code 32 12 orsession lawsIowa Acts under which incorporated. 32 13 Sec. 84. Section 504A.39, subsection 4, paragraph e, Code 32 14 2003, is amended to read as follows: 32 15 e. Any other provisions, not inconsistent with law or the 32 16 purposes which the corporation is authorized to pursue, which 32 17 are to be set forth in articles of incorporation; except that 32 18 it shall not be necessary to set forth in the restated 32 19 articles of incorporation any of the corporate powers 32 20 enumerated in this chapter nor any statement with respect to 32 21 the chapter of the Code orsession lawsIowa Acts under which 32 22 the corporation was incorporated, its registered office, 32 23 registered agent, directors, or incorporators, or the date on 32 24 which its corporate existence began. 32 25 Sec. 85. Section 504C.1, subsection 3, paragraph a, Code 32 26 2003, is amended to read as follows: 32 27 a. Design, modify, or construct a specific housing 32 28 facility to provide appropriate services and support to the 32 29 residents of the specific housing facility. Local 32 30 requirements shall not be more restrictive than the rules 32 31 adopted for a family home, as defined in section 335.25 or 32 32 414.22, and the state building code requirements for single- 32 33 family or multiple-family housing, as adopted pursuant to 32 34 section 103A.7. 32 35 Sec. 86. Section 508.31A, subsection 2, paragraph a, 33 1 subparagraph (2), subparagraph subdivision (b), Code 33 2 Supplement 2003, is amended to read as follows: 33 3 (b) Activities of an organization exempt from taxation 33 4 pursuant to section501c501(c) of the Internal Revenue Code, 33 5 or any similar organization in any foreign country. 33 6 Sec. 87. Section 514.2, Code Supplement 2003, is amended 33 7 to read as follows: 33 8 514.2 INCORPORATION. 33 9 Persons desiring to form a nonprofit hospital service 33 10 corporation, or a nonprofit medical service corporation, or a 33 11 nonprofit pharmaceutical or optometric service corporation 33 12 shallincorporatehave been incorporated under the provisions 33 13 of chapter 504, Code 1989, or shall incorporate under the 33 14 provisions of chapter 504A, as supplemented and amended herein 33 15 and any acts amendatory thereof. 33 16 Sec. 88. Section 533C.202, subsection 2, paragraph e, Code 33 17 Supplement 2003, is amended to read as follows: 33 18 e. A list of other states in which the applicant is 33 19 licensed to engage in money transmission or provide other 33 20 money services and of any license revocations, suspensions, or 33 21 other disciplinary action taken against the applicant in 33 22 another state. 33 23 Sec. 89. Section 533C.301, subsection 1, unnumbered 33 24 paragraph 1, Code Supplement 2003, is amended to read as 33 25 follows: 33 26 A person shall not engage in currency exchange or 33 27 advertise, solicit, or hold itself out as providing currency 33 28 exchange for which the person receives revenues equal to or 33 29 greater than five percent of total revenues unless the person: 33 30 Sec. 90. Section 544A.28, unnumbered paragraph 4, Code 33 31 2003, is amended to read as follows: 33 32 A public official charged with the enforcement of the state 33 33 building code, as adopted pursuant to section 103A.7, or a 33 34 municipal or county building code, shall not accept or approve 33 35 any technical submissions involving the practice of 34 1 architecture unless the technical submissions have been 34 2 stamped with the architect's seal as required by this section 34 3 or unless the applicant has certified on the technical 34 4 submission to the applicability of a specific exception under 34 5 section 544A.18 permitting the preparation of technical 34 6 submissions by a person not registered under this chapter. A 34 7 building permit issued with respect to technical submissions 34 8 which do not conform to the requirements of this section is 34 9 invalid. 34 10 Sec. 91. Section 554.10105, unnumbered paragraph 1, Code 34 11 2003, is amended to read as follows: 34 12 The secretary of state, the secretary's employees or 34 13 agents, are hereby exempted from all personal liability as a 34 14 result of errors or omissions in the performance of any duty 34 15 required by the Uniform Commercial Code, as provided in this 34 16 chapter554, except in cases of willful negligence. 34 17 Sec. 92. Section 570A.5, unnumbered paragraph 1, Code 34 18 Supplement 2003, is amended to read as follows: 34 19 Except as provided in this section, an agricultural supply 34 20dealer'sdealer lien that is effective or perfected as 34 21 provided in section 570A.4 shall be subject to the rules of 34 22 priority as provided in section 554.9322. For an agricultural 34 23 supplydealer'sdealer lien that is perfected under section 34 24 570A.4, all of the following shall apply: 34 25 Sec. 93. Section 570A.5, subsections 1 and 2, Code 34 26 Supplement 2003, are amended to read as follows: 34 27 1. The lien shall have priority over a lien or security 34 28 interest that applies subsequent to the time that the 34 29 agricultural supplydealer'sdealer lien is perfected. 34 30 2. Except as provided in section 570A.2, subsection 3, the 34 31 lien shall have equal priority to a lien or security interest 34 32 which is perfected prior to the time that the agricultural 34 33 supplydealer'sdealer lien is perfected. However, a 34 34 landlord's lien that is perfected pursuant to section 570.1 34 35 shall have priority over a conflicting agricultural supply 35 1dealer'sdealer lien as provided in section 570.1, and a 35 2 harvester's lien that is perfected pursuant to section 571.3 35 3 shall have priority over a conflicting agricultural supply 35 4dealer'sdealer lien as provided in section 571.3A. 35 5 Sec. 94. Section 570A.6, Code Supplement 2003, is amended 35 6 to read as follows: 35 7 570A.6 ENFORCEMENT OF LIEN. 35 8 An agricultural supply dealer may enforce an agricultural 35 9 supplydealer'sdealer lien in the manner provided for 35 10 agricultural liens pursuant to chapter 554, article 9, part 6. 35 11 Sec. 95. Section 591.17, unnumbered paragraph 1, Code 35 12 2003, is amended to read as follows: 35 13 In all instances where corporations not for pecuniary 35 14 profit have heretofore adopted renewal articles of 35 15 incorporation or articles of reincorporation and there has 35 16 been a failure to set forth therein the time of the annual 35 17 meeting or the time of the annual meeting of the trustees or 35 18 directors and such renewal articles of incorporation or 35 19 articles of reincorporation are otherwise complete and in 35 20 compliance with the law as set forth in section 504.1, Code 35 21 1989, such renewal articles of incorporation or articles of 35 22 reincorporation are hereby legalized and validated and shall 35 23 be held to have the same force and effect as though all of 35 24 such provisions had been complied with in all respects. 35 25 Sec. 96. Section 598B.106, Code 2003, is amended to read 35 26 as follows: 35 27 598B.106 EFFECT OF CHILD-CUSTODY DETERMINATION. 35 28 A child-custody determination made by a court of this state 35 29 that hadjursidictionjurisdiction under this chapter binds 35 30 all persons who have been served in accordance with the laws 35 31 of this state, or notified in accordance with section 35 32 598B.108, or who have submitted to the jurisdiction of the 35 33 court, and who have been given an opportunity to be heard. As 35 34 to those persons, the determination is conclusive as to all 35 35 decided issues of law and fact except to the extent the 36 1 determination is modified. 36 2 Sec. 97. Section 602.11112, Code 2003, is amended to read 36 3 as follows: 36 4 602.11112 FIFTH JUDICIAL ELECTION DISTRICT. 36 5 The provisions of section 602.6109, Code 2003, relating to 36 6 the division of the fifth judicial district into judicial 36 7 election districts 5A, 5B, and 5C take effect January 1, 1985. 36 8 Sec. 98. Section 602.11115, subsection 3, Code Supplement 36 9 2003, is amended to read as follows: 36 10 3. To commence coverage under the judicial retirement 36 11 system pursuant to article 9, part 1, retroactive to the date 36 12 the district associate judge became a district associate judge 36 13 or a full-time judicial magistrate, whichever was earlier, and 36 14 to cease to be a member of the Iowa public employees' 36 15 retirement system, effective July 1, 1984. The department of 36 16administrative servicespersonnel shall transmit by January 1, 36 17 1985, to the state court administrator for deposit in the 36 18 judicial retirement fund the district associate judge's 36 19 accumulated contributions as defined in section 97B.1A, 36 20 subsection 2 for the judge's period of membership service as a 36 21 district associate judge or full-time judicial magistrate, or 36 22 both. Before July 1, 1986, or at retirement previous to that 36 23 date, a district associate judge who becomes a member of the 36 24 judicial retirement system pursuant to this subsection shall 36 25 contribute to the judicial retirement fund an amount equal to 36 26 the difference between four percent of the district associate 36 27 judge's total basic salary for the entire period of service 36 28 before July 1, 1984, as a district associate judge or judicial 36 29 magistrate, or both, and the district associate judge's 36 30 accumulated contributions transmitted by the department of 36 31administrative servicespersonnel to the state court 36 32 administrator pursuant to this subsection. The district 36 33 associate judge's contribution shall not be limited to the 36 34 amount specified in section 602.9104, subsection 1. The state 36 35 court administrator shall credit a district associate judge 37 1 with service under the judicial retirement system for the 37 2 period of service for which contributions at the four percent 37 3 level are made. 37 4 Sec. 99. Section 633.707, subsection 3, Code 2003, is 37 5 amended to read as follows: 37 6 3. "Institutionalized individual" means an individual 37 7 receiving nursing facility services, a level of care in any 37 8 institution equivalent to nursing facility services, or home 37 9 and community-based services under the medical assistance home 37 10 and community-based services waiver program. 37 11 Sec. 100. Section 633.709, subsection 3, paragraphs a, b, 37 12 c, and e, Code 2003, are amended to read as follows: 37 13 a. For a beneficiary who meets the medical assistance 37 14 level of care requirements for services in an intermediate 37 15 care facility for persons with mental retardation and who 37 16 either resides in an intermediate care facility for persons 37 17 with mental retardation or is eligible for services under the 37 18 medical assistance home and community-based services waiver 37 19servicesexcept that the beneficiary's income exceeds the 37 20 allowable maximum, the applicable rate is the maximum monthly 37 21 medical assistance payment rate for services in an 37 22 intermediate care facility for persons with mental 37 23 retardation. 37 24 b. For a beneficiary who meets the medical assistance 37 25 level of care requirements for hospital-based,medicare-37 26certifiedMedicare-certified, skilled nursing facility care 37 27 and who either resides in a hospital-based,medicare-certified37 28 Medicare-certified, skilled nursing facility or is eligible 37 29 for services under the medical assistance home and community- 37 30 based services waiverservicesexcept that the beneficiary's 37 31 income exceeds the allowable maximum, the applicable rate is 37 32 the statewide average charge to private-pay patients for 37 33 hospital-based,MEDICARE-certifiedMedicare-certified, skilled 37 34 nursing facility care. 37 35 c. For a beneficiary who meets the medical assistance 38 1 level of care requirements for nonhospital-based, Medicare- 38 2 certified, skilled nursing facility care and who either 38 3 resides in a nonhospital-based, Medicare-certified, skilled 38 4 nursing facility or is eligible for services under the medical 38 5 assistance home and community-based services waiverservices38 6 except that the beneficiary's income exceeds the allowable 38 7 maximum, the applicable rate is the statewide average charge 38 8 to private-pay patients for nonhospital-based, Medicare- 38 9 certified, skilled nursing facility care. 38 10 e. For a beneficiary who meets the medical assistance 38 11 level of care requirements for services in a state mental 38 12 health institute and who either resides in a state mental 38 13 health institute or is eligible for services under a medical 38 14 assistance home and community-based services waiverservices38 15 except that the beneficiary's income exceeds the allowable 38 16 maximum, the applicable rate is the statewide average charge 38 17 for state mental health institute care. 38 18 Sec. 101. Section 669.14, subsection 5, Code Supplement 38 19 2003, is amended to read as follows: 38 20 5. Any claim by an employee of the state which is covered 38 21 by the Iowa workers' compensation law or the Iowa occupational 38 22 disease law, chapter 85A. 38 23 Sec. 102. Section 709.15, subsection 1, paragraph g, Code 38 24 Supplement 2003, is amended to read as follows: 38 25 g. "Student" means a person who is currently enrolled in 38 26 or attending a public or nonpublic elementary or secondary 38 27 school, or who was a student enrolled in or who attended a 38 28 public or nonpublic elementary or secondary school within 38 29 thirty days of any violation of subsection 3. 38 30 Sec. 103. 2003 Iowa Acts, chapter 91, section 10, the 38 31 portion of which amends section 508.38, subsection 11, Code 38 32 2003, is amended to read as follows: 38 33 11. After the effective date of this section of this Act, 38 34 a company may elect either to apply the provisions of this 38 35 section as it existed prior to the effective date of this 39 1 section of this Act or to apply the provisions of this section 39 2 as enacted by this Act to annuity contracts on a contract 39 3 form-by-form basis before the second anniversary of the 39 4 effective date of this section of this Act. In all other 39 5 instances, this section shall become operative with respect to 39 6 annuity contracts issued by the company two years after the 39 7 effective date of this section of this Act. 39 8 Sec. 104. 2003 Iowa Acts, chapter 143, section 17, 39 9 subsection 2, is amended to read as follows: 39 10 2. The section of this Act amending section 123.183 and 39 11 relating to the deposit of revenue collected from the wine 39 12 gallonage tax in the grape and wine development fund is 39 13 retroactively applicable to July 1, 2002. The revenue 39 14 collected during the fiscal year beginning on July 1, 2002, 39 15 and ending on June 30, 2003, from the wine gallonage tax on 39 16 wine imported into this state at wholesale and sold in this 39 17 state at wholesale as provided in section 123.183 that is in 39 18 excess of the revenue collected from such tax during the 39 19 fiscal year beginning July 1, 2001, and ending on June 30, 39 20 2002, shall be deposited in the grape and wine development 39 21 fund as created in section175.5175A.5. However, not more 39 22 than seventy-five thousand dollars from such tax shall be 39 23 deposited into the fund. 39 24 Sec. 105. Section 423.3, subsection 33, as enacted by 2003 39 25 Iowa Acts, 1st Extraordinary Session, chapter 2, section 96, 39 26 is amended to read as follows: 39 27 33. The sales price of mementos and other items relating 39 28 to Iowa history and historic sites, the general assembly, and 39 29 the state capitol, sold by the legislativeservice bureau39 30 services agency and its legislative information office on the 39 31 premises of property under the control of the legislative 39 32 council, at the state capitol, and on other state property. 39 33 Sec. 106. CODE EDITOR DIRECTIVE – ASTM INTERNATIONAL. 39 34 The Code editor is directed to change references to the 39 35 American society for testing and materials to references to 40 1 ASTM international in the following Code and Code supplement 40 2 sections, and in any other Code sections amended or enacted 40 3 during the 80th General Assembly, second session, or during 40 4 prior sessions of the General Assembly, consistent with the 40 5 reference changes made relating to the same organization in 40 6 this Act: 159A.2, 214A.1, 214A.2, 359A.18, 452A.2, 455B.173, 40 7 455B.474, 455D.19, and 459.307. 40 8 Sec. 107. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. 40 9 The section of this Act amending 2003 Iowa Acts, chapter 91, 40 10 section 10, being deemed of immediate importance, takes effect 40 11 upon enactment and applies retroactively to July 1, 2003. 40 12 HF 2208 40 13 lh/es/25
Text: HF02207 Text: HF02209 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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