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Bills and Amendments: General Index     Bill History: General Index

Senate File 155

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 155
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE
  1  5    TO REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS,
  1  6    DELETE REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY
  1  7    LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE
  1  8    ONGOING PROVISIONS, OR REMOVE AMBIGUITIES, AND INCLUDING
  1  9    EFFECTIVE AND 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 6B.18, subsection 2, Code 2003, is
  1 14 amended to read as follows:
  1 15    2.  An appeal of appraisement of damages is deemed to be
  1 16 perfected upon filing of a notice of appeal with the district
  1 17 court within thirty days from the date of mailing the notice
  1 18 of appraisement of damages.  The notice of appeal shall be
  1 19 served on the adverse party, or the adverse party's agent or
  1 20 attorney, and any lienholders lienholder and encumbrancers
  1 21 encumbrancer of the property in the same manner as an original
  1 22 notice within thirty days from the date of filing the notice
  1 23 of appeal unless, for good cause shown, the court grants more
  1 24 than thirty days.  If after reasonable diligence, the notice
  1 25 cannot be personally served, the court may prescribe an
  1 26 alternative method of service consistent with due process of
  1 27 law.
  1 28    Sec. 2.  Section 8D.2, subsection 5, paragraph b, Code
  1 29 2003, is amended to read as follows:
  1 30    b.  For the purposes of this chapter, "public agency" also
  1 31 includes any homeland security or defense facility established
  1 32 by the administrator of the emergency management division of
  1 33 the department of public defense or the governor or any
  1 34 facility connected with a security or defense system as
  1 35 required by the administrator of the emergency management
  2  1 division of the department of public defense or the governor.
  2  2 A facility that is considered a public agency pursuant to this
  2  3 paragraph shall be authorized to access the Iowa
  2  4 communications network strictly for homeland security
  2  5 communication purposes.  Any utilization of the network that
  2  6 is not related to communications concerning homeland security
  2  7 is expressly prohibited.
  2  8    Sec. 3.  Section 8D.9, Code 2003, is amended by adding the
  2  9 following new subsection:
  2 10    NEW SUBSECTION.  3.  A facility that is considered a public
  2 11 agency pursuant to section 8D.2, subsection 5, paragraph "b",
  2 12 shall be authorized to access the Iowa communications network
  2 13 strictly for homeland security communication purposes.  Any
  2 14 utilization of the network that is not related to
  2 15 communications concerning homeland security is expressly
  2 16 prohibited.
  2 17    Sec. 4.  Section 10A.101, subsection 2, Code 2003, is
  2 18 amended by striking the subsection.
  2 19    Sec. 5.  Section 10B.4A, Code 2003, is amended to read as
  2 20 follows:
  2 21    10B.4A  SUSPENSION OF OTHER FILING REQUIREMENTS.
  2 22    The secretary of state shall not prepare or distribute
  2 23 forms for reports or file reports otherwise required pursuant
  2 24 to section 9H.5A, 9I.8, or 501.103.  A person required to file
  2 25 a report pursuant to this chapter is not required to file a
  2 26 report under those sections.  A person required to file a
  2 27 report pursuant to this chapter is not required to register
  2 28 with the secretary of state as otherwise required in section
  2 29 9I.7.
  2 30    A person required to file a report pursuant to this chapter
  2 31 is not required to register with the secretary of state as
  2 32 otherwise required in any chapter enumerated in this section.
  2 33    Sec. 6.  Section 12C.19, subsection 1, Code 2003, is
  2 34 amended to read as follows:
  2 35    1.  Securities pledged pursuant to this chapter may be
  3  1 withdrawn on application of the pledging depository
  3  2 institution, and as to securities pledged by a credit union,
  3  3 upon approval of the public officer to whom the securities are
  3  4 pledged, if the deposit of securities is no longer necessary
  3  5 to comply with this chapter, or withdrawal is required for
  3  6 collection by virtue of its maturity or for exchange.  The
  3  7 depository institution shall replace securities so withdrawn
  3  8 for collection or exchange.
  3  9    Sec. 7.  Section 12C.23A, subsection 3, paragraph d, Code
  3 10 2003, is amended to read as follows:
  3 11    d.  If the loss of public funds is not covered by federal
  3 12 deposit insurance and the proceeds of the closed bank's assets
  3 13 that are liquidated within thirty days of the closing of the
  3 14 bank are not sufficient to cover the loss, then any further
  3 15 payments to cover the loss will come from the state sinking
  3 16 fund for public deposits in banks.  If the balance in that
  3 17 sinking fund is inadequate to pay the entire loss, then the
  3 18 treasurer shall obtain the additional amount needed by making
  3 19 an assessment against other banks whose public funds deposits
  3 20 exceed federal deposit insurance coverage.  A bank's
  3 21 assessment shall be determined by multiplying the total amount
  3 22 of the remaining loss to all public depositors in the closed
  3 23 bank by a percentage that represents the assessed bank's
  3 24 proportional share of the total of uninsured public funds
  3 25 deposits held by all banks and all branches of out-of-state
  3 26 banks, based upon the average of the uninsured public funds of
  3 27 the assessed bank or branch of an out-of-state bank as of the
  3 28 end of the four calendar quarters prior to the date of closing
  3 29 of the closed bank and the average of the uninsured public
  3 30 funds in all banks and branches of out-of-state banks as of
  3 31 the end of the four calendar quarters prior to the date of
  3 32 closing of the closed bank, excluding the amount of uninsured
  3 33 public funds held by the closed bank at the end of the four
  3 34 calendar quarters held by the closed bank.  Each bank shall
  3 35 pay its assessment to the treasurer of state within three
  4  1 business days after it receives notice of assessment.
  4  2    Sec. 8.  Section 14B.105, subsection 1, paragraph b, Code
  4  3 2003, is amended to read as follows:
  4  4    b.  The members appointed pursuant to paragraph "a",
  4  5 subparagraphs (3) through (7), shall serve four-year staggered
  4  6 terms and such appointments to the information technology
  4  7 council are subject to the requirements of sections 69.16,
  4  8 69.16A, and 69.19.  The four-year terms of members appointed
  4  9 by the governor shall be staggered as designated by the
  4 10 governor.  Members The members appointed by the governor
  4 11 pursuant to paragraph "a", subparagraphs (3) through (7),
  4 12 shall not serve consecutive four-year terms.  Members The
  4 13 members appointed by the governor are subject to senate
  4 14 confirmation and may also be eligible to receive compensation
  4 15 as provided in section 7E.6.  Members shall be reimbursed for
  4 16 actual and necessary expenses incurred in performance of the
  4 17 members' duties.
  4 18    Sec. 9.  Section 15.108, subsection 6, paragraph b,
  4 19 subparagraph (1), Code 2003, is amended to read as follows:
  4 20    (1)  Work closely with representatives of business and
  4 21 industry, labor organizations, the council on human
  4 22 investment, the department of education, the department of
  4 23 workforce development, and educational institutions to
  4 24 determine the employee training needs of Iowa employers, and
  4 25 where possible, provide for the development of industry-
  4 26 specific training programs.
  4 27    Sec. 10.  Section 15E.45, subsections 1, 3, 6, and 8, Code
  4 28 2003, are amended to read as follows:
  4 29    1.  An investment in a community community-based seed
  4 30 capital fund shall qualify for a tax credit under section
  4 31 15E.43 provided that all requirements of sections 15E.43,
  4 32 15E.44, and this section are met.
  4 33    3.  a.  In order for an investment in a community-based
  4 34 seed capital fund to qualify for a tax credit, the community-
  4 35 based seed capital fund in which the investment is made shall,
  5  1 within one hundred twenty days of the date of the first
  5  2 investment, notify the board of all of the following:
  5  3    (1)  The names, addresses, taxpayer identification numbers,
  5  4 equity interests issued, consideration paid for the interests,
  5  5 and the amount of any tax credits, of which all.
  5  6    (2)  All limited partners or members who may initially
  5  7 qualify for the tax credits, and the.
  5  8    (3)  The earliest year in which the tax credits may be
  5  9 redeemed.
  5 10    b.  The list of limited partners or members who may qualify
  5 11 for the tax credits shall be amended as new equity interests
  5 12 are sold or as any information on the list shall change.
  5 13    6.  In the event that a community-based seed capital fund
  5 14 fails to meet or maintain any requirement set forth in this
  5 15 section, or in the event that the community-based seed capital
  5 16 fund has not invested at least thirty-three percent of its
  5 17 invested capital in no fewer than two separate qualifying
  5 18 businesses, measured at the end of the thirty-sixth month
  5 19 after commencing the fund's investing activities, the board
  5 20 shall rescind any tax credit certificates issued to limited
  5 21 partners or members and shall notify the department of revenue
  5 22 and finance that it has done so, and the tax credit
  5 23 certificates shall be null and void.  However, a community-
  5 24 based seed capital fund may apply to the board for a one-year
  5 25 waiver from of the requirements of this subsection.
  5 26    8.  A community-based seed capital fund shall not invest in
  5 27 the Iowa fund of funds, if organized pursuant to 2002 Iowa
  5 28 Acts, House File 2078, if enacted section 15E.65.
  5 29    Sec. 11.  Section 15E.51, subsection 4, Code 2003, is
  5 30 amended to read as follows:
  5 31    4.  A taxpayer shall not claim a tax credit under this
  5 32 section if the taxpayer is a venture capital investment fund
  5 33 allocation manager for the Iowa fund of funds created in
  5 34 section 15E.65 or an investor that receives a tax credit for
  5 35 an investment in a community-based seed capital fund as
  6  1 defined described in 2002 Iowa Acts, House File 2271 section
  6  2 15E.45.
  6  3    Sec. 12.  Section 15E.67, Code 2003, is amended to read as
  6  4 follows:
  6  5    15E.67  POWERS AND EFFECTIVENESS.
  6  6    This division shall not be construed as a restriction or
  6  7 limitation upon any power which the board might otherwise have
  6  8 under any other law of this state and the provisions of this
  6  9 division are cumulative to such powers.  This division shall
  6 10 be construed to provide a complete, additional, and
  6 11 alternative method for performing the duties authorized and
  6 12 shall be regarded as supplemental and additional to the powers
  6 13 conferred by any other laws law.  The level, timing, or degree
  6 14 of success of the Iowa fund of funds or the investment funds
  6 15 in which the Iowa fund of funds invests in, or the extent to
  6 16 which the investment funds are invested in Iowa venture
  6 17 capital projects, or are successful in accomplishing any
  6 18 economic development objectives, shall not compromise,
  6 19 diminish, invalidate, or affect the provisions of any contract
  6 20 entered into by the board or the Iowa fund of funds.
  6 21    Sec. 13.  Section 15E.193C, subsection 2, unnumbered
  6 22 paragraph 1, Code 2003, is amended to read as follows:
  6 23    An eligible development business includes a developer or
  6 24 development contractor that constructs, expands, or
  6 25 rehabilitates a building space within a designated enterprise
  6 26 zone with a minimum capital investment of at least five
  6 27 hundred thousand dollars.  A development business is eligible
  6 28 to receive incentives and assistance under this section if
  6 29 businesses the business locating into the building space have
  6 30 has not closed or reduced its operation in one area of the
  6 31 state or a city and relocated substantially the same operation
  6 32 in the enterprise zone.  An eligible development business is
  6 33 eligible for one, but not both, of the following exemptions to
  6 34 the capital investment requirements:
  6 35    Sec. 14.  Section 16.15, subsection 4, Code 2003, is
  7  1 amended to read as follows:
  7  2    4.  Permanent financing for units to be subsidized under
  7  3 the housing assistance payments program may be provided by the
  7  4 authority, directly or indirectly, by the proceeds from the
  7  5 sale of bonds and notes as provided in this Act chapter, or by
  7  6 other moneys available to the authority, by appropriations or
  7  7 otherwise.
  7  8    Sec. 15.  Section 16.132, subsections 5 and 6, Code 2003,
  7  9 are amended to read as follows:
  7 10    5.  The bonds or notes issued by the authority are not an
  7 11 indebtedness or other liability of the state or of a political
  7 12 subdivision of the state within the meaning of any
  7 13 constitutional or statutory debt limitations but are special
  7 14 obligations of the authority, and are payable solely from the
  7 15 income and receipts or other funds or property of the
  7 16 department, and the amounts on deposit in the revolving loan
  7 17 funds, and the amounts payable to the department under its
  7 18 loan agreements with the municipalities and water systems
  7 19 eligible entities as defined in section 455B.291 to the extent
  7 20 that the amounts are designated in the resolution, trust
  7 21 agreement, or other instrument of the authority authorizing
  7 22 the issuance of the bonds or notes as being available as
  7 23 security for such bonds or notes.  The authority shall not
  7 24 pledge the faith or credit of the state or of a political
  7 25 subdivision of the state to the payment of any bonds or notes.
  7 26 The issuance of any bonds or notes by the authority does not
  7 27 directly, indirectly, or contingently obligate the state or a
  7 28 political subdivision of the state to apply money from, or
  7 29 levy or pledge any form of taxation whatever to the payment of
  7 30 the bonds or notes.
  7 31    6.  The state pledges to and agrees with the holders of
  7 32 bonds or notes issued under the Iowa sewage treatment water
  7 33 pollution control works and drinking water facilities
  7 34 financing program, that the state will not limit or alter the
  7 35 rights and powers vested in the authority to fulfill the terms
  8  1 of a contract made by the authority with respect to the bonds
  8  2 or notes, or in any way impair the rights and remedies of the
  8  3 holders until the bonds or notes, together with the interest
  8  4 on them including interest on unpaid installments of interest,
  8  5 and all costs and expenses in connection with an action or
  8  6 proceeding by or on behalf of the holders, are fully met and
  8  7 discharged.  The authority is authorized to include this
  8  8 pledge and agreement of the state, as it refers to holders of
  8  9 bonds or notes of the authority, in a contract with the
  8 10 holders.
  8 11    Sec. 16.  Section 23A.2, subsection 2, unnumbered paragraph
  8 12 1, Code 2003, is amended to read as follows:
  8 13    The state board of regents or a school corporation may, by
  8 14 rule, provide for exemption from the application of this
  8 15 chapter for any of the following activities:
  8 16    Sec. 17.  Section 23A.2, subsection 2, paragraph c, Code
  8 17 2003, is amended to read as follows:
  8 18    c.  Use of vehicles owned by the institution or school for
  8 19 charter trips offered to the public, or to full, or part-time,
  8 20 or temporary students.
  8 21    Sec. 18.  Section 25B.7, subsection 3, Code 2003, is
  8 22 amended by striking the subsection.
  8 23    Sec. 19.  Section 28.4, subsection 12, paragraph e, Code
  8 24 2003, is amended by striking the paragraph.
  8 25    Sec. 20.  Section 29B.22, unnumbered paragraph 3, Code
  8 26 2003, is amended to read as follows:
  8 27    Convening authorities shall at all times communicate
  8 28 directly with their staff judge advocates in matters relating
  8 29 to the administration of military justice; and the staff judge
  8 30 advocate of any command may communicate directly with the
  8 31 staff judge advocate of a superior or subordinate any command,
  8 32 or with the state judge advocate.
  8 33    Sec. 21.  Section 43.45, subsection 1, Code 2003, is
  8 34 amended to read as follows:
  8 35    1.  Upon the closing of the polls the precinct election
  9  1 officials shall immediately publicly canvass the vote.  The
  9  2 canvass shall be conducted using the procedures established in
  9  3 subsection 2 or 3, whichever is this section which are
  9  4 appropriate for the voting system used in the precinct.
  9  5    Sec. 22.  Section 43.45, subsection 2, paragraph c, Code
  9  6 2003, is amended to read as follows:
  9  7    c.  Certify to the number of votes cast upon the ticket of
  9  8 each political party for each candidate for each office.
  9  9    Sec. 23.  Section 45.5, subsection 1, paragraph c, Code
  9 10 2003, is amended to read as follows:
  9 11    c.  A statement that the candidate is or will be a resident
  9 12 of the appropriate ward, city, county, school district, or
  9 13 legislative or other district as required by section 45.1
  9 14 39.27.
  9 15    Sec. 24.  Section 45.5, subsection 1, unnumbered paragraph
  9 16 2, Code 2003, is amended to read as follows:
  9 17    Signatures on a petition page shall be counted only if the
  9 18 required information is written or printed at the top of the
  9 19 page.  Nomination papers on behalf of candidates for seats in
  9 20 the general assembly need only designate the number of the
  9 21 senatorial or representative district, as appropriate, and not
  9 22 the county or counties, in which the candidate and the
  9 23 petitioners reside.  Signature lines on the A signature line
  9 24 in a nomination petitions petition shall not be counted if the
  9 25 line lacks the signature of the eligible elector and the
  9 26 signer's address and city.  The person examining the petition
  9 27 shall mark any deficiencies on the petition.
  9 28    Sec. 25.  Section 48A.29, subsection 1, unnumbered
  9 29 paragraph 2, Code 2003, is amended to read as follows:
  9 30    The notice shall be sent by forwardable mail, and shall
  9 31 include a postage paid preaddressed return card on which the
  9 32 registered voter may state the registered voter's current
  9 33 address.  The notice shall contain a statement in
  9 34 substantially the following form:  "Information received from
  9 35 the United States postal service indicates that you are no
 10  1 longer a resident of (residence address) in (name of county)
 10  2 County, Iowa.  If this information is not correct, and you
 10  3 still live in (name of county) County, please complete and
 10  4 mail the attached postage paid card at least ten days before
 10  5 the primary or general election and at least eleven days
 10  6 before any other election at which you wish to vote.  If the
 10  7 information is correct, and you have moved, please contact a
 10  8 local official in your new area for assistance in registering
 10  9 there.  If you do not mail in the card, you may be required to
 10 10 show identification proving your residence in (name of county)
 10 11 County before being allowed to vote in (name of county)
 10 12 County.  If you do not return the card, and you do not vote in
 10 13 some election in (name of county) County, Iowa, on or before
 10 14 (date of second general election following the date of the
 10 15 notice) your name will be removed from the list of voters in
 10 16 that county."
 10 17    Sec. 26.  Section 49.71, unnumbered paragraph 1, Code 2003,
 10 18 is amended to read as follows:
 10 19    The precinct election officials, before the opening of the
 10 20 polls, shall cause said cards of the instructions for voters
 10 21 required pursuant to section 49.70 to be securely posted as
 10 22 follows:
 10 23    Sec. 27.  Section 49.125, Code 2003, is amended to read as
 10 24 follows:
 10 25    49.125  COMPENSATION OF TRAINEES.
 10 26    All election personnel attending such training course shall
 10 27 be paid for attending such course for a period not to exceed
 10 28 two hours, and shall be reimbursed for travel to and from the
 10 29 place where the training is given at the rate determined by
 10 30 the board of supervisors if the distance involved is more than
 10 31 five miles.  The wages shall be computed at the hourly rate
 10 32 established pursuant to section 49.20 and payment of wages and
 10 33 mileage for attendance shall be made at the time that payment
 10 34 is made for duties performed on election day.
 10 35    Sec. 28.  Section 56.4, subsection 1, Code 2003, is amended
 11  1 to read as follows:
 11  2    1.  All statements and reports required to be filed under
 11  3 this chapter shall be filed with the board.  The board shall
 11  4 provide copies of all statements and reports filed under this
 11  5 chapter for a county, city, school, or other political
 11  6 subdivision with to the commissioner responsible under section
 11  7 47.2.
 11  8    Sec. 29.  Section 80.22, Code 2003, is amended to read as
 11  9 follows:
 11 10    80.22  PROHIBITION ON OTHER DEPARTMENTS.
 11 11    All other departments and bureaus of the state are hereby
 11 12 prohibited from employing special peace officers or conferring
 11 13 upon regular employees any police powers to enforce provisions
 11 14 of the statutes, which are specifically reserved by this Act
 11 15 1939 Iowa Acts, chapter 120, to this the department of public
 11 16 safety.  But the commissioner of public safety shall, upon the
 11 17 requisition of the attorney general, from time to time assign
 11 18 for service in the department of justice such of its officers,
 11 19 not to exceed six in number, as may be requisitioned by the
 11 20 attorney general for special service in the department of
 11 21 justice, and when so assigned such officers shall be under the
 11 22 exclusive direction and control of the attorney general.
 11 23    Sec. 30.  Section 97B.17, subsections 3 and 4, Code 2003,
 11 24 are amended to read as follows:
 11 25    3.  Summary information concerning the demographics of the
 11 26 members and general statistical information concerning the
 11 27 system are subject to chapter 22, as well as aggregate
 11 28 information by category.
 11 29    4.  a.  However, the The division's records are evidence
 11 30 for the purpose of proceedings before the division or any
 11 31 court of the amounts of wages and the periods in which they
 11 32 were paid, and the absence of an entry as to a member's wages
 11 33 in the records for any period is evidence that wages were not
 11 34 paid that member in the period.
 11 35    4. b.  Notwithstanding any provisions of chapter 22 to the
 12  1 contrary, the division's records may be released to any
 12  2 political subdivision, instrumentality, or other agency of the
 12  3 state solely for use in a civil or criminal law enforcement
 12  4 activity pursuant to the requirements of this subsection.  To
 12  5 obtain the records, the political subdivision,
 12  6 instrumentality, or agency shall, in writing, certify that the
 12  7 activity is authorized by law, provide a written description
 12  8 of the information desired, and describe the law enforcement
 12  9 activity for which the information is sought.  The division
 12 10 shall not be civilly or criminally liable for the release or
 12 11 rerelease of records in accordance with this subsection.
 12 12    Sec. 31.  Section 97B.42C, Code 2003, is amended to read as
 12 13 follows:
 12 14    97B.42C  RETIREMENT SYSTEM MERGER – MUNICIPAL UTILITY
 12 15 RETIREMENT SYSTEM.
 12 16    A municipal water utility or waterworks that has
 12 17 established a pension and annuity retirement system for its
 12 18 employees pursuant to chapter 412 may adopt a resolution to
 12 19 authorize the merger of its pension and annuity retirement
 12 20 system with and into the Iowa public employees' retirement
 12 21 system.  The system is authorized, but is not required, to
 12 22 accept such a proposal.  The governing body of the municipal
 12 23 water utility or waterworks and the Iowa public employees'
 12 24 retirement system shall, acting in their fiduciary capacities,
 12 25 mutually determine the terms and conditions of such a merger,
 12 26 including any additional funds necessary to fund the service
 12 27 credits being transferred to the Iowa public employees'
 12 28 retirement system, and either party may decline the merger if
 12 29 they cannot agree on such terms and conditions.  The system
 12 30 division shall adopt such rules as it deems necessary and
 12 31 prudent to effectuate mergers as provided by this section.
 12 32    Sec. 32.  Section 99B.7, subsection 1, paragraph o, Code
 12 33 2003, is amended to read as follows:
 12 34    o.  Except as provided in subsection 7, paragraph "a", a A
 12 35 person shall not conduct, promote, administer, or assist in
 13  1 the conducting, promoting, or administering of a bingo
 13  2 occasion, unless the person regularly participates in
 13  3 activities of the qualified organization other than conducting
 13  4 bingo occasions or participates in an educational, civic,
 13  5 public, charitable, patriotic, or religious organization to
 13  6 which the net receipts are dedicated by the qualified
 13  7 organization.
 13  8    Sec. 33.  Section 99B.12, subsection 2, paragraph a, Code
 13  9 2003, is amended to read as follows:
 13 10    a.  Card and parlor games, including but not limited to
 13 11 poker, pinochle, pitch, gin rummy, bridge, euchre, hearts,
 13 12 cribbage, dominoes, checkers, chess, backgammon, pool, and
 13 13 darts.  However, it shall be unlawful gambling for any person
 13 14 to engage in bookmaking, or to play any punchboard, pushcard,
 13 15 pull-tab, or slot machine, or to play craps, chuck-a-luck,
 13 16 roulette, klondike, blackjack, chemin de fer, baccarat, faro,
 13 17 equality, three-card monte, or any other game, except poker,
 13 18 which is customarily played in gambling casinos and in which
 13 19 the house customarily provides a banker, dealer, or croupier
 13 20 to operate the game, or a specially designed table upon which
 13 21 to play same the game.
 13 22    Sec. 34.  Section 99F.1, Code 2003, is amended by adding
 13 23 the following new subsection:
 13 24    NEW SUBSECTION.  5A.  "Division" means the division of
 13 25 criminal investigation of the department of public safety as
 13 26 provided in section 80.17.
 13 27    Sec. 35.  Section 124C.1, subsection 1, Code 2003, is
 13 28 amended by striking the subsection.
 13 29    Sec. 36.  Section 135.11, subsection 17, Code 2003, is
 13 30 amended to read as follows:
 13 31    17.  Administer chapters 125, 136A, 136C, 139A, 142, 142A,
 13 32 144, and 147A.
 13 33    Sec. 37.  Section 137F.1, subsection 8, paragraph e, Code
 13 34 2003, is amended to read as follows:
 13 35    e.  Premises where a person operates a farmers market, if
 14  1 the person does not sell or distribute potentially hazardous
 14  2 food potentially hazardous food is not sold or distributed
 14  3 from the premises.
 14  4    Sec. 38.  Section 153.33, subsection 5, unnumbered
 14  5 paragraph 1, Code 2003, is amended to read as follows:
 14  6    In any investigation made or hearing conducted by the board
 14  7 on its own motion, or upon written complaint filed with the
 14  8 board by any person, pertaining to any alleged violation of
 14  9 this chapter or the accusation against any licensee or
 14 10 registrant, the following procedure and rules so far as
 14 11 material to such investigation or hearing shall obtain:
 14 12    Sec. 39.  Section 153.33, subsection 5, paragraphs a, b, d,
 14 13 and h, Code 2003, are amended to read as follows:
 14 14    a.  The accusation of such person against any licensee or
 14 15 registrant shall be reduced to writing, verified by some
 14 16 person familiar with the facts therein stated, and three
 14 17 copies thereof filed with the board.
 14 18    b.  If the board shall deem the charges sufficient, if
 14 19 true, to warrant suspension or revocation of license or
 14 20 registration, it shall make an order fixing the time and place
 14 21 for hearing thereon and requiring the licensee or registrant
 14 22 to appear and answer thereto, such order, together with a copy
 14 23 of the charges so made to be served upon the accused at least
 14 24 twenty days before the date fixed for hearing, either
 14 25 personally or by certified or registered mail, sent to the
 14 26 licensee's or registrant's last known post office address as
 14 27 shown by the records of the board.
 14 28    d.  In all such investigations and hearings pertaining to
 14 29 the suspension or revocation of licenses or registrations, the
 14 30 board and any person affected thereby may have the benefit of
 14 31 counsel, and upon the request of the licensee or registrant or
 14 32 the licensee's or registrant's counsel the board shall issue
 14 33 subpoenas for the attendance of such witnesses in behalf of
 14 34 the licensee or registrant, which subpoenas when issued shall
 14 35 be delivered to the licensee or registrant or the licensee's
 15  1 or registrant's counsel.  Such subpoenas for the attendance of
 15  2 witnesses shall be effective if served upon the person named
 15  3 therein anywhere within this state, provided, that at the time
 15  4 of such service the fees now or hereafter provided by law for
 15  5 witnesses in civil cases in district court shall be paid or
 15  6 tendered to such person.
 15  7    h.  Pending the review and final disposition thereof by the
 15  8 district court, the action of the board suspending or revoking
 15  9 such license or registration shall not be stayed.
 15 10    Sec. 40.  Section 159.6, subsection 8, as amended by 2002
 15 11 Iowa Acts, chapter 1017, section 2, is amended to read as
 15 12 follows:
 15 13    8.  State aid received by certain associations as provided
 15 14 in chapters 177 176A through 182, 186, and 352.
 15 15    Sec. 41.  Section 159A.3, subsection 4, Code 2003, is
 15 16 amended by striking the subsection.
 15 17    Sec. 42.  Section 159A.3, subsection 5, Code 2003, is
 15 18 amended to read as follows:
 15 19    5.  The office and state entities, including the
 15 20 department, the committee, the Iowa department of economic
 15 21 development, the state department of transportation, the
 15 22 department of natural resources, and the state board of
 15 23 regents institutions, and the Wallace technology transfer
 15 24 foundation of Iowa, shall cooperate to implement this section.
 15 25    Sec. 43.  Section 173.3, as amended by 2002 Iowa Acts,
 15 26 chapter 1017, section 3, is amended to read as follows:
 15 27    173.3  CERTIFICATION OF STATE AID ASSOCIATIONS.
 15 28    On or before November 15 of each year, the secretary of
 15 29 agriculture shall certify to the secretary of the state fair
 15 30 board the names of the various associations and societies
 15 31 which have qualified for state aid under the provisions of
 15 32 chapters 177 176A through 178, 181, 182, 186, and 352, and
 15 33 which are entitled to representation in the convention as
 15 34 provided in section 173.2.
 15 35    Sec. 44.  Section 192.101A, unnumbered paragraph 1, Code
 16  1 2003, is amended to read as follows:
 16  2    As used in this chapter, all terms shall have the same
 16  3 meaning as defined in the "Grade 'A' Pasteurized Milk
 16  4 Ordinance, 1999 2001 Revision".  However, notwithstanding the
 16  5 ordinance, the following definitions shall apply:
 16  6    Sec. 45.  Section 192.102, Code 2003, is amended to read as
 16  7 follows:
 16  8    192.102  GRADE "A" PASTEURIZED MILK ORDINANCE.
 16  9    The department shall adopt, by rule, the "Grade 'A'
 16 10 Pasteurized Milk Ordinance, 1999 2001 Revision", including a
 16 11 subsequent revision of the ordinance.  If the ordinance
 16 12 specifies that compliance with a provision of the ordinance's
 16 13 appendices is mandatory, the department shall also adopt that
 16 14 provision.  The department shall not amend the ordinance,
 16 15 unless the department explains each amendment and reasons for
 16 16 the amendment in the Iowa administrative bulletin when the
 16 17 rules are required to be published pursuant to chapter 17A.
 16 18 The department shall administer this chapter consistent with
 16 19 the provisions of the ordinance.
 16 20    Sec. 46.  Section 192.110, subsection 1, Code 2003, is
 16 21 amended to read as follows:
 16 22    1.  The person has a pasteurized milk and milk products
 16 23 sanitation compliance rating of ninety percent or more as
 16 24 calculated according to the rating system as contained in the
 16 25 federal public health service publications, "Procedures
 16 26 Governing the Cooperative State-Public Health Service/Food and
 16 27 Drug Administration Program for Certification of Interstate
 16 28 Milk Shippers 1999 2001" and "Method of Making Sanitation
 16 29 Ratings of Milk Supplies, 1999 2001 Revision".  The applicable
 16 30 provisions of these publications are incorporated into this
 16 31 section by this reference.  A copy of each publication shall
 16 32 be on file with the department or in the office of the person
 16 33 subject to an inspection contract as provided in section
 16 34 192.108.
 16 35    Sec. 47.  Section 229A.8A, subsection 2, paragraph g, Code
 17  1 2003, is amended to read as follows:
 17  2    g.  The committed person is not likely to commit engage in
 17  3 predatory acts constituting sexually violent offenses while in
 17  4 the program.
 17  5    Sec. 48.  Section 229A.10, subsection 1, Code 2003, is
 17  6 amended to read as follows:
 17  7    1.  If the director of human services determines that the
 17  8 person's mental abnormality has so changed that the person is
 17  9 not likely to commit engage in predatory acts or that
 17 10 constitute sexually violent offenses if discharged, the
 17 11 director shall authorize the person to petition the court for
 17 12 discharge.  The petition shall be served upon the court and
 17 13 the attorney general.  The court, upon receipt of the petition
 17 14 for discharge, shall order a hearing within thirty days.  The
 17 15 attorney general shall represent the state, and shall have the
 17 16 right to have the petitioner examined by an expert or
 17 17 professional person of the attorney general's choice.  The
 17 18 hearing shall be before a jury if demanded by either the
 17 19 petitioner or the attorney general.  If the attorney general
 17 20 objects to the petition for discharge, the burden of proof
 17 21 shall be upon the attorney general to show beyond a reasonable
 17 22 doubt that the petitioner's mental abnormality or personality
 17 23 disorder remains such that the petitioner is likely to engage
 17 24 in predatory acts that constitute sexually violent offenses if
 17 25 discharged.
 17 26    Sec. 49.  Section 232.68, unnumbered paragraph 1, Code
 17 27 2003, is amended to read as follows:
 17 28    The definitions in section 235A.13 are applicable to this
 17 29 part 2 of division III.  As used in sections 232.67 through
 17 30 232.77 and 235A.12 through 235A.23 235A.24, unless the context
 17 31 otherwise requires:
 17 32    Sec. 50.  Section 232.71B, subsection 4, paragraph e, Code
 17 33 2003, is amended to read as follows:
 17 34    e.  An interview of the person alleged to have committed
 17 35 the child abuse, if the person's identity and location are
 18  1 known.  The offer of an interview shall be made to the person
 18  2 prior to any consideration or determination being made that
 18  3 the person committed the alleged abuse.  The purpose of the
 18  4 interview shall be to provide the person with the opportunity
 18  5 to explain or rebut the allegations of the child abuse report
 18  6 or other allegations made during the assessment.  The court
 18  7 may waive the requirement to offer the interview only for good
 18  8 cause.  The person offered an interview, or the person's
 18  9 attorney on the person's behalf, may decline to be interviewed
 18 10 the offer of an interview of the person.
 18 11    Sec. 51.  Section 235A.13, unnumbered paragraph 1, Code
 18 12 2003, is amended to read as follows:
 18 13    As used in chapter 232, division III, part 2, and sections
 18 14 235A.13 to 235A.23 235A.24, unless the context otherwise
 18 15 requires:
 18 16    Sec. 52.  Section 236.2, Code 2003, is amended by adding
 18 17 the following new subsection:
 18 18    NEW SUBSECTION.  5A.  "Plaintiff" includes a person filing
 18 19 an action on behalf of an unemancipated minor.
 18 20    Sec. 53.  Section 236.3, subsection 2, Code 2003, is
 18 21 amended to read as follows:
 18 22    2.  Name and address of the parent or guardian filing the
 18 23 petition, if the petition is being filed on behalf of an
 18 24 unemancipated minor.  For the purposes of this chapter,
 18 25 "plaintiff" includes a person filing an action on behalf of an
 18 26 unemancipated minor.  A mailing address may be provided by the
 18 27 plaintiff pursuant to section 236.10.
 18 28    Sec. 54.  Section 237A.2, subsection 1, unnumbered
 18 29 paragraph 1, Code 2003, is amended to read as follows:
 18 30    A person shall not establish or operate a child care center
 18 31 without obtaining a license under the provisions of this
 18 32 chapter.  A center may operate for a specified period of time,
 18 33 to be established by rule of the department, if application
 18 34 for a license has been made.  If the department denies an
 18 35 application for an initial license, notwithstanding section
 19  1 17A.8 17A.18, the applicant center shall not continue to
 19  2 provide child care pending the outcome of an evidentiary
 19  3 hearing.  The department shall issue a license if it
 19  4 determines that all of the following conditions have been met:
 19  5    Sec. 55.  Section 237A.29, subsection 2, paragraph d, Code
 19  6 2003, is amended to read as follows:
 19  7    d.  In determining the value of the public funding obtained
 19  8 by fraudulent means, if the public funding is obtained by two
 19  9 or more acts of fraudulent means by the same person or in the
 19 10 same location, or is obtained by different persons by two or
 19 11 more acts which occur in approximately the same location or
 19 12 time period so that the acts of fraudulent means used to
 19 13 obtain the public funding are attributable to a single scheme,
 19 14 plan, or conspiracy, these acts may be considered as a single
 19 15 instance of the use of fraudulent means and the value may be
 19 16 the total value of all moneys involved.
 19 17    Sec. 56.  Section 237A.29, subsection 3, paragraph b, Code
 19 18 2003, is amended to read as follows:
 19 19    b.  In addition to applying the suspension under paragraph
 19 20 "a", the department may request that the attorney general file
 19 21 a petition with the district court of the county in which the
 19 22 provider is located for issuance of a temporary injunction
 19 23 enjoining the provider from providing child care until the
 19 24 names and addresses are submitted to the department.  The
 19 25 attorney general may file the petition upon receiving the
 19 26 request from the department.  Any temporary injunction may be
 19 27 granted without a bond being required from the department.
 19 28    Sec. 57.  Section 277.23, subsection 2, Code 2003, is
 19 29 amended to read as follows:
 19 30    2.  A change from five to seven directors shall be effected
 19 31 in a district at the first regular election after
 19 32 authorization by the voters or the board, or when after a
 19 33 district becomes wholly or in part within first includes all
 19 34 of a city of fifteen thousand or more population, or more in
 19 35 the manner described in section 275.37.
 20  1    Sec. 58.  Section 284.11, subsection 2, Code 2003, is
 20  2 amended to read as follows:
 20  3    2.  All licensed practitioners employed at a participating
 20  4 attendance center that has demonstrated improvement in student
 20  5 achievement shall share in a cash awards award paid from
 20  6 moneys received by a school district pursuant to section
 20  7 284.13, subsection 1.  The However, the school district is
 20  8 encouraged to extend cash awards to other staff employed at
 20  9 the attendance center.
 20 10    Sec. 59.  Section 321E.8, Code 2003, is amended to read as
 20 11 follows:
 20 12    321E.8  ANNUAL PERMITS.
 20 13    Subject to the discretion and judgment provided for in
 20 14 section 321E.1, annual permits shall be issued in accordance
 20 15 with the following provisions:
 20 16    1.  Vehicles with indivisible loads, or manufactured or
 20 17 mobile homes including appurtenances, having an overall width
 20 18 not to exceed sixteen feet zero inches, an overall length not
 20 19 to exceed one hundred twenty feet zero inches, an overall
 20 20 height not to exceed fifteen feet five inches, and a total
 20 21 gross weight not to exceed eighty thousand pounds, may be
 20 22 moved as follows:
 20 23    a.  Vehicles with indivisible loads, or manufactured or
 20 24 mobile homes including appurtenances, having an overall width
 20 25 not to exceed twelve feet five inches, an overall length not
 20 26 to exceed one hundred twenty feet zero inches, and an overall
 20 27 height not to exceed thirteen feet ten inches may be moved for
 20 28 unlimited distances without route approval from the permitting
 20 29 authority.
 20 30    b.  Vehicles with indivisible loads, or manufactured or
 20 31 mobile homes including appurtenances, having an overall width
 20 32 not to exceed fourteen feet six inches, an overall length not
 20 33 to exceed one hundred twenty feet zero inches, and an overall
 20 34 height not to exceed fifteen feet five inches may be moved on
 20 35 the interstate highway system and primary highways with more
 21  1 than one lane traveling in each direction for unlimited
 21  2 distances and no more than fifty miles from the point of
 21  3 origin on all other highways without route approval from the
 21  4 permit issuing authority.
 21  5    c.  All other vehicles with indivisible loads operating
 21  6 under this subsection shall obtain route approval from the
 21  7 permitting authority.
 21  8    d.  Vehicles with indivisible loads may operate under an
 21  9 all-systems permit in compliance with paragraph "a", "b", or
 21 10 "c".
 21 11    2.  Vehicles with indivisible loads, or manufactured or
 21 12 mobile homes including appurtenances, having an overall width
 21 13 not to exceed thirteen feet five inches and an overall length
 21 14 not to exceed one hundred twenty feet zero inches may be moved
 21 15 on highways specified by the permitting authority for
 21 16 unlimited distances if the height of the vehicle and load does
 21 17 not exceed fifteen feet five inches and the total gross weight
 21 18 of the vehicle does not exceed one hundred fifty-six thousand
 21 19 pounds.  The vehicle owner or operator shall verify with the
 21 20 permitting authority prior to movement of the load that
 21 21 highway conditions have not changed so as to prohibit movement
 21 22 of the vehicle.  Any cost to repair damage to highways or
 21 23 highway structures shall be borne by the owner or operator of
 21 24 the vehicle causing the damage.  Permitted vehicles under this
 21 25 subsection shall not be allowed to travel on any portion of
 21 26 the interstate highway system.  Vehicles with indivisible
 21 27 loads operating under the permit provisions of this subsection
 21 28 may operate under the permit provisions of subsection 1
 21 29 provided the vehicle and load comply with the limitations
 21 30 described in subsection 1.
 21 31    Sec. 60.  Section 321G.4, unnumbered paragraph 1, Code
 21 32 2003, is amended to read as follows:
 21 33    The owner of each all-terrain vehicle or snowmobile
 21 34 required to be numbered shall register it every two years with
 21 35 the county recorder of the county in which the owner resides
 22  1 or, if the owner is a nonresident, the owner shall register it
 22  2 in the county in which the all-terrain vehicle or snowmobile
 22  3 is principally used.  The commission has supervisory
 22  4 responsibility over the registration of all-terrain vehicles
 22  5 and snowmobiles and shall provide each county recorder with
 22  6 registration forms and certificates and shall allocate
 22  7 identification registration numbers to each county.
 22  8    Sec. 61.  Section 321G.19, subsection 1, Code 2003, is
 22  9 amended to read as follows:
 22 10    1.  The owner of a rented all-terrain vehicle or snowmobile
 22 11 shall keep a record of the name and address of each person
 22 12 renting the all-terrain vehicle or snowmobile, its
 22 13 identification registration number, the departure date and
 22 14 time, and the expected time of return.  The records shall be
 22 15 preserved for six months.
 22 16    Sec. 62.  Section 321G.33, subsections 1, 2, and 4, Code
 22 17 2003, are amended to read as follows:
 22 18    1.  The department may assign a distinguishing number to an
 22 19 all-terrain vehicle or snowmobile when the serial number on
 22 20 the all-terrain vehicle or snowmobile is destroyed or
 22 21 obliterated and issue to the owner a special plate bearing the
 22 22 distinguishing number which shall be affixed to the all-
 22 23 terrain vehicle or snowmobile in a position to be determined
 22 24 by the department.  The all-terrain vehicle or snowmobile
 22 25 shall be registered and titled under the distinguishing number
 22 26 in lieu of the former serial number.  Every all-terrain
 22 27 vehicle or snowmobile shall have an a vehicle identification
 22 28 number assigned and affixed as required by the department.
 22 29    2.  The commission shall adopt, by rule, the procedures for
 22 30 application and for issuance of an a vehicle identification
 22 31 number for homebuilt all-terrain vehicles or snowmobiles.
 22 32    4.  A person other than a manufacturer who constructs or
 22 33 rebuilds an all-terrain vehicle or snowmobile for which there
 22 34 is no legible vehicle identification number shall submit to
 22 35 the department an affidavit which describes the all-terrain
 23  1 vehicle or snowmobile.  In cooperation with the county
 23  2 recorder, the department shall assign an a vehicle
 23  3 identification number to the all-terrain vehicle or
 23  4 snowmobile.  The applicant shall permanently affix the vehicle
 23  5 identification number to the all-terrain vehicle or snowmobile
 23  6 in a manner that such alteration, removal, or replacement of
 23  7 the vehicle identification number would be obvious.
 23  8    Sec. 63.  Section 331.424C, Code 2003, is amended to read
 23  9 as follows:
 23 10    331.424C  EMERGENCY SERVICES FUND.
 23 11    A county that is providing fire protection service or
 23 12 emergency medical service to a township pursuant to section
 23 13 331.385 shall establish an emergency services fund and may
 23 14 certify taxes not to exceed sixty and three-fourths cents per
 23 15 one thousand dollars of the assessed value of taxable property
 23 16 located in the township.  The county has the authority to use
 23 17 a portion of the taxes levied and deposited in the fund for
 23 18 the purpose of accumulating moneys to carry out the purposes
 23 19 of section 359.43, subsection 3 4.
 23 20    Sec. 64.  Section 446.9, subsections 1 and 2, Code 2003,
 23 21 are amended to read as follows:
 23 22    1.  A notice of the date, time, and place of the annual tax
 23 23 sale shall be served upon the person in whose name the parcel
 23 24 subject to sale is taxed.  The county treasurer shall serve
 23 25 the notice by sending it by regular first class mail to the
 23 26 person's last known address not later than May 1 of each
 23 27 fiscal year.  The notice shall contain a description of the
 23 28 parcel to be sold which is clear, concise, and sufficient to
 23 29 distinguish the parcel to be sold from all other parcels.  It
 23 30 shall also contain the amount of delinquent taxes for which
 23 31 the parcel is liable each year, the amount of the interest,
 23 32 and fees, and the amount of the service fee as provided in
 23 33 section 446.10, subsection 2, all to be incorporated as a
 23 34 single sum.  The notice shall contain a statement that, after
 23 35 the sale, if the parcel is not redeemed within the period
 24  1 provided in chapter 447, the right to redeem expires and a
 24  2 deed may be issued.
 24  3    2.  Publication of the date, time, and place of the annual
 24  4 tax sale shall be made once by the treasurer in at least one
 24  5 official newspaper in the county as selected by the board of
 24  6 supervisors and designated by the treasurer at least one week,
 24  7 but not more than three weeks, before the day of sale.  The
 24  8 publication shall contain a description of the parcel to be
 24  9 sold that is clear, concise, and sufficient to distinguish the
 24 10 parcel to be sold from all other parcels.  All items offered
 24 11 for sale pursuant to section 446.18 may be indicated by an "s"
 24 12 or by an asterisk.  The publication shall also contain the
 24 13 name of the person in whose name the parcel to be sold is
 24 14 taxed, and the amount delinquent for which the parcel is
 24 15 liable each year, the amount of the interest, and fees, and
 24 16 the amount of the service fee as provided in section 446.10,
 24 17 subsection 2, all to be incorporated as a single sum.  The
 24 18 publication shall contain a statement that, after the sale, if
 24 19 the parcel is not redeemed within the period provided in
 24 20 chapter 447, the right to redeem expires and a deed may be
 24 21 issued.
 24 22    Sec. 65.  Section 455B.105, subsection 3, Code 2003, is
 24 23 amended to read as follows:
 24 24    3.  Adopt, modify, or repeal rules necessary to implement
 24 25 this chapter and chapter 459, subchapters I, II, III, IV, and
 24 26 VI, and the rules deemed necessary for the effective
 24 27 administration of the department.  When the commission
 24 28 proposes or adopts rules to implement a specific federal
 24 29 environmental program and the rules impose requirements more
 24 30 restrictive than the federal program being implemented
 24 31 requires, the commission shall identify in its notice of
 24 32 intended action or adopted rule preamble each rule that is
 24 33 more restrictive than the federal program requires and shall
 24 34 state the reasons for proposing or adopting the more
 24 35 restrictive requirement.  In addition, the commission shall
 25  1 include with its reasoning a financial impact statement
 25  2 detailing the general impact upon the affected parties.  It is
 25  3 the intent of the general assembly that the commission
 25  4 exercise strict oversight of the operations of the department.
 25  5 The rules shall include departmental policy relating to the
 25  6 disclosure of information on a violation or alleged violation
 25  7 of the rules, standards, permits or orders issued by the
 25  8 department and keeping of confidential information obtained by
 25  9 the department in the administration and enforcement of this
 25 10 chapter and chapter 459, subchapters I, II, III, IV, and VI.
 25 11 Rules adopted by the executive committee before January 1,
 25 12 1981, shall remain effective until modified or rescinded by
 25 13 action of the commission.
 25 14    Sec. 66.  Section 455B.171, subsection 15, Code 2003, is
 25 15 amended by striking the subsection.
 25 16    Sec. 67.  Section 455B.183, Code 2003, is amended to read
 25 17 as follows:
 25 18    455B.183  WRITTEN PERMITS REQUIRED.
 25 19    1.  It is unlawful to carry on any of the following
 25 20 activities without first securing a written permit from the
 25 21 director, or from a city or county public works department if
 25 22 the public works department reviews the activity under this
 25 23 section, as required by the department:
 25 24    1. a.  The construction, installation, or modification of
 25 25 any disposal system or public water supply system or part
 25 26 thereof or any extension or addition thereto except those
 25 27 sewer extensions and water supply distribution system
 25 28 extensions that are subject to review and approval by a city
 25 29 or county public works department pursuant to this section,
 25 30 the use or disposal of sewage sludge, and private sewage
 25 31 disposal systems.  Unless federal law or regulation requires
 25 32 the review and approval of plans and specifications, a permit
 25 33 shall be issued for the construction, installation, or
 25 34 modification of a public water supply system or part of a
 25 35 system if a qualified, registered engineer certifies to the
 26  1 department that the plans for the system or part of the system
 26  2 meet the requirements of state and federal law or regulations.
 26  3 The permit shall state that approval is based only upon the
 26  4 engineer's certification that the system's design meets the
 26  5 requirements of all applicable state and federal laws and
 26  6 regulations and the review of the department shall be
 26  7 advisory.
 26  8    2. b.  The construction or use of any new point source for
 26  9 the discharge of any pollutant into any water of the state.
 26 10    3. c.  The operation of any waste disposal system or public
 26 11 water supply system or any part of or extension or addition to
 26 12 the system.  This provision does not apply to a pretreatment
 26 13 system, the effluent of which is to be discharged directly to
 26 14 another disposal system for final treatment and disposal; a
 26 15 semipublic sewage disposal system, the construction of which
 26 16 has been approved by the department and which does not
 26 17 discharge into water of the state; or a private sewage
 26 18 disposal system which does not discharge into a water of the
 26 19 state.  Sludge from a semipublic or private sewage disposal
 26 20 system shall be disposed of in accordance with the rules
 26 21 adopted by the department pursuant to chapter 17A.  The
 26 22 exemption of this paragraph shall not apply to any industrial
 26 23 waste discharges.
 26 24    2.  Upon adoption of standards by the commission pursuant
 26 25 to section 455B.173, subsections 5 to 8, plans and
 26 26 specifications for sewer extensions and water supply
 26 27 distribution system extensions covered by this section shall
 26 28 be submitted to the city or county public works department for
 26 29 approval if the local public works department employs a
 26 30 qualified, registered engineer who reviews the plans and
 26 31 specifications using the specific state standards known as the
 26 32 Iowa Standards for Sewer Systems and the Iowa Standards for
 26 33 Water Supply Distribution Systems that have been formulated
 26 34 and adopted by the department pursuant to section 455B.173,
 26 35 subsections 5 to 8.  The local agency shall issue a written
 27  1 permit to construct if all of the following apply:
 27  2    a.  The submitted plans and specifications are in
 27  3 substantial compliance with departmental rules and the Iowa
 27  4 Standards for Sewer Systems and the Iowa Standards for Water
 27  5 Supply Distribution Systems.
 27  6    b.  The extensions primarily serve residential consumers
 27  7 and will not result in an increase greater than five percent
 27  8 of the capacity of the treatment works or serve more than two
 27  9 hundred fifty dwelling units or, in the case of an extension
 27 10 to a water supply distribution system, the extension will have
 27 11 a capacity of less than five percent of the system or will
 27 12 serve fewer than two hundred fifty dwelling units.
 27 13    c.  The proposed sewer extension will not exceed the
 27 14 capacity of any treatment works which received a state or
 27 15 federal monetary grant after 1972.
 27 16    d.  The proposed water supply distribution system extension
 27 17 will not exceed the production capacity of any public water
 27 18 supply system constructed after 1972.
 27 19    3.  After issuing a permit, the city or county public works
 27 20 department shall notify the director of such issuance by
 27 21 forwarding a copy of the permit to the director.  In addition,
 27 22 the local agency shall submit quarterly reports to the
 27 23 director including such information as capacity of local
 27 24 treatment plants and production capacity of public water
 27 25 supply systems as well as other necessary information
 27 26 requested by the director for the purpose of implementing this
 27 27 chapter.
 27 28    4.  Plans and specifications for all other waste disposal
 27 29 systems and public water supply systems, including sewer
 27 30 extensions and water supply distribution system extensions not
 27 31 reviewed by a city or county public works department under
 27 32 this section, shall be submitted to the department before a
 27 33 written permit may be issued.  Plans and specifications for
 27 34 public water supply systems and water supply distribution
 27 35 system extensions must be certified by a registered engineer
 28  1 as provided in subsection 1, paragraph "a".  The construction
 28  2 of any such waste disposal system or public water supply
 28  3 system shall be in accordance with standards formulated and
 28  4 adopted by the department pursuant to section 455B.173,
 28  5 subsections 5 to 8.  If it is necessary or desirable to make
 28  6 material changes in the plans or specifications, revised plans
 28  7 or specifications together with reasons for the proposed
 28  8 changes must be submitted to the department for a supplemental
 28  9 written permit.  The revised plans and specifications for a
 28 10 public water supply system must be certified by a registered
 28 11 engineer as provided in subsection 1, paragraph "a".
 28 12    5.  Prior to the adoption of statewide standards, the
 28 13 department may delegate the authority to review plans and
 28 14 specifications to those governmental subdivisions if in
 28 15 addition to compliance with subsection 3 1, paragraph "c", the
 28 16 governmental subdivisions agree to comply with all state and
 28 17 federal regulations and submit plans for the review of plans
 28 18 and specifications including a complete set of local standard
 28 19 specifications for such improvements.
 28 20    6.  The director may suspend or revoke delegation of review
 28 21 and permit authority after notice and hearing as set forth in
 28 22 chapter 17A if the director determines that a city or county
 28 23 public works department has approved extensions which do not
 28 24 comply with design criteria, which exceed the capacity of
 28 25 waste treatment plants or the production capacity of public
 28 26 water supply systems or which otherwise violate state or
 28 27 federal requirements.
 28 28    7.  The department shall exempt any public water supply
 28 29 system from any requirement respecting a maximum contaminant
 28 30 level or any treatment technique requirement of an applicable
 28 31 national drinking water regulation if these regulations apply
 28 32 to contaminants which the department determines are harmless
 28 33 or beneficial to the health of consumers and if the owner of a
 28 34 public water supply system determines that funds are not
 28 35 reasonably available to provide for controlling amounts of
 29  1 those contaminants which are harmless or beneficial to the
 29  2 health of consumers.
 29  3    Sec. 68.  Section 455B.187, unnumbered paragraph 1, Code
 29  4 2003, is amended to read as follows:
 29  5    A contractor shall not engage in well construction or
 29  6 reconstruction without first registering or being certified as
 29  7 required in this part and department rules adopted pursuant to
 29  8 this part.  If a well contractor is registered prior to July
 29  9 1, 1991, the well contractor shall meet the requirements of
 29 10 certification by July 1, 1993.  Following adoption of the
 29 11 rules establishing a well contractor certification program, a
 29 12 person seeking initial well contractor status shall meet the
 29 13 requirements established for certification.  Beginning July 1,
 29 14 1993, the department shall replace the registration program
 29 15 with the well certification program.  Water wells shall not be
 29 16 constructed, reconstructed, or abandoned by a person except as
 29 17 provided in this part or rules adopted pursuant to this part.
 29 18 Within thirty days after construction or reconstruction of a
 29 19 well, a contractor shall provide well information required by
 29 20 rule to the department and the Iowa geological survey.
 29 21    Sec. 69.  Section 455D.11I, subsection 4, Code 2003, is
 29 22 amended to read as follows:
 29 23    4.  A certificate of registration shall at all times be
 29 24 carried and displayed in the vehicle used for transportation
 29 25 of waste tires and shall be shown to a representative of the
 29 26 department of natural resources or the state department of
 29 27 transportation, upon request.  The state department of
 29 28 transportation may inspect vehicles used for the
 29 29 transportation of waste tires and request that the certificate
 29 30 of registration of the waste tire hauler be shown, upon
 29 31 request.
 29 32    Sec. 70.  Section 457A.2, subsection 2, Code 2003, is
 29 33 amended to read as follows:
 29 34    2.  "Natural and cultural resources" includes, but is not
 29 35 limited to, archaeological and historical resources.
 30  1    Sec. 71.  Section 459.102, subsection 18, Code 2003, is
 30  2 amended to read as follows:
 30  3    18.  Reserved "Department" means the department of natural
 30  4 resources created pursuant to section 455A.2.
 30  5    Sec. 72.  Section 459.102, subsection 40, Code 2003, is
 30  6 amended to read as follows:
 30  7    40.  "Restricted spray irrigation equipment" means spray
 30  8 irrigation equipment which disperses manure through an orifice
 30  9 at a rate maximum pressure of eighty pounds per square inch or
 30 10 more.
 30 11    Sec. 73.  Section 459.301, subsection 1, paragraph a, Code
 30 12 2003, is amended to read as follows:
 30 13    a.  At least one confinement feeding operation structure
 30 14 must be constructed on and or after May 21, 1998.
 30 15    Sec. 74.  Section 459.303, subsection 2, Code 2003, is
 30 16 amended to read as follows:
 30 17    2.  The department shall issue a construction permit upon
 30 18 approval of an application.  The department shall approve the
 30 19 application if the application is submitted to the county
 30 20 board of supervisors in the county where the proposed
 30 21 confinement feeding operation structure is to be located as
 30 22 required pursuant to section 459.304, and the application
 30 23 meets the requirements of this chapter.  If a county submits
 30 24 an approved recommendation pursuant to a construction
 30 25 evaluation resolution filed with the department, the
 30 26 application must also achieve a satisfactory rating produced
 30 27 by the master matrix used by the board or department under
 30 28 section 459.304.  The department shall approve the application
 30 29 regardless of whether the applicant is required to be issued a
 30 30 construction permit.
 30 31    Sec. 75.  Section 459.309, Code 2003, is amended to read as
 30 32 follows:
 30 33    459.309  SETTLED OPEN FEEDLOT EFFLUENT BASINS –
 30 34 CONSTRUCTION DESIGN STANDARDS.
 30 35    If the department requires that a settled open feedlot
 31  1 effluent basin be constructed according to construction design
 31  2 standards, regardless of whether the department requires the
 31  3 owner to be issued a construction permit under section
 31  4 459.103, any construction design standards for the basin shall
 31  5 be established by rule as provided in chapter 17A that
 31  6 exclusively account for special design characteristics of open
 31  7 feedlots and related basins, including but not limited to the
 31  8 dilute composition of settled open feedlot effluent as
 31  9 collected and stored in the basins.
 31 10    Sec. 76.  Section 459.501, subsection 2, Code 2003, is
 31 11 amended to read as follows:
 31 12    2.  The fund consists of moneys from indemnity fees
 31 13 remitted by permittees to the department as provided in
 31 14 section 459.502; moneys from indemnity fees remitted by
 31 15 persons required to submit manure management plans to the
 31 16 department pursuant to section 459.503; sums collected on
 31 17 behalf of the fund by the department through legal action or
 31 18 settlement; moneys required to be repaid to the department by
 31 19 a county pursuant to this subchapter; civil penalties assessed
 31 20 and collected by the department or the attorney general
 31 21 pursuant to chapter 455B, against animal feeding operations;
 31 22 moneys paid as a settlement involving an enforcement action
 31 23 for a civil penalty subject to assessment and collection
 31 24 against permittees by the department or the attorney general
 31 25 pursuant to chapter 455B; interest, property, and securities
 31 26 acquired through the use of moneys in the fund; or moneys
 31 27 contributed to the fund from other sources.
 31 28    Sec. 77.  Section 462A.12, subsection 6, Code 2003, is
 31 29 amended to read as follows:
 31 30    6.  An owner or operator shall not permit any person under
 31 31 twelve years of age to operate the personal watercraft unless
 31 32 accompanied in or on the same personal watercraft by a
 31 33 responsible person of at least eighteen years of age.
 31 34 However, commencing Commencing January 1, 2003, a person who
 31 35 is twelve years of age or older but less than eighteen years
 32  1 of age shall not operate any personal watercraft unless the
 32  2 person has successfully completed a department-approved
 32  3 watercraft safety course.  A person required to have a
 32  4 watercraft safety certificate shall carry and shall exhibit or
 32  5 make available the certificate upon request of an officer of
 32  6 the department.  A violation of this subsection is a simple
 32  7 misdemeanor as provided in section 462A.13.  However, a person
 32  8 charged with violating this subsection shall not be convicted
 32  9 if the person produces in court, within a reasonable time, a
 32 10 department-approved certificate.  The cost of a department
 32 11 certificate, or any duplicate, shall not exceed five dollars.
 32 12    Sec. 78.  Section 476A.23, subsection 3, paragraph b, Code
 32 13 2003, is amended to read as follows:
 32 14    b.  The electric power agency annually files with the
 32 15 utilities board, in a manner to be determined by the utilities
 32 16 board, information regarding sales from the electric power
 32 17 generating facility in sufficient detail to determine
 32 18 compliance with these provisions.
 32 19    Sec. 79.  Section 476A.23, subsection 3, unnumbered
 32 20 paragraph 2, Code 2003, is amended to read as follows:
 32 21    The utilities board shall report to the general assembly if
 32 22 any of the provisions are being violated.
 32 23    Sec. 80.  Section 490.202, subsection 2, paragraphs d and
 32 24 f, Code 2003, are amended to read as follows:
 32 25    d.  A provision eliminating or limiting the liability of a
 32 26 director to the corporation or its shareholders for money
 32 27 damages for any action taken, or any failure to take any
 32 28 action, as a director, except liability for any of the
 32 29 following:
 32 30    (1)  The amount of a financial benefit received by a
 32 31 director to which the director is not entitled.
 32 32    (2)  An intentional infliction of harm on the corporation
 32 33 or the shareholders.
 32 34    (3)  A violation of section 490.833.
 32 35    (4)  An intentional violation of criminal law.
 33  1    A provision shall not eliminate or limit the liability of a
 33  2 director for an act or omission occurring prior to the date
 33  3 when the provision in the articles of incorporation becomes
 33  4 effective.
 33  5    f.  A provision eliminating or limiting the liability of a
 33  6 director to the corporation or its shareholders for money
 33  7 damages for any action taken, or any failure to take any
 33  8 action, as a director, except liability for any of the
 33  9 following:
 33 10    (1)  The amount of a financial benefit received by a
 33 11 director to which the director is not entitled.
 33 12    (2)  An intentional infliction of harm on the corporation
 33 13 or the shareholders.
 33 14    (3)  A violation of section 490.833.
 33 15    (4)  An intentional violation of criminal law.
 33 16    A provision shall not eliminate or limit the liability of a
 33 17 director for an act or omission occurring prior to the date
 33 18 when the provision in the articles of incorporation becomes
 33 19 effective.
 33 20    Sec. 81.  Section 490.724, subsection 5, Code 2003, is
 33 21 amended to read as follows:
 33 22    5.  Corporate action based on the acceptance or rejection
 33 23 of a vote, consent, waiver, or proxy appointment under this
 33 24 section or section 490.722, subsection 2, is valid unless a
 33 25 court of competent jurisdiction determines otherwise.
 33 26    Sec. 82.  Section 490.727, subsection 2, Code 2003, is
 33 27 amended to read as follows:
 33 28    2.  An amendment to the articles of incorporation or bylaws
 33 29 that adds, changes, or deletes a greater quorum or voting
 33 30 requirement must meet the same quorum requirement and be
 33 31 adopted by the same vote and voting groups required to take
 33 32 action under the quorum and voting requirements then in effect
 33 33 or proposed to be adopted, whichever is greater.
 33 34    Sec. 83.  Section 490.831, subsection 3, paragraphs a and
 33 35 b, Code 2003, are amended to read as follows:
 34  1    a.  In any instance where fairness is at issue, such as
 34  2 consideration of the fairness of a transaction to the
 34  3 corporation under section 490.861, subsection 2, paragraph "c"
 34  4 490.832, alter the burden of proving the fact or lack of
 34  5 fairness otherwise applicable.
 34  6    b.  Alter the fact or lack of liability of a director under
 34  7 another section of this chapter, such as the provisions
 34  8 governing the consequences of an unlawful distribution under
 34  9 section 490.833 or a transactional interest under section
 34 10 490.861 490.832.
 34 11    Sec. 84.  Section 490.851, subsection 1, Code 2003, is
 34 12 amended to read as follows:
 34 13    1.  Except as otherwise provided in this section, a
 34 14 corporation may indemnify an individual who is a party to a
 34 15 proceeding because the individual is a director against
 34 16 liability incurred in the proceeding if all either of the
 34 17 following apply:
 34 18    a.  All of the following apply:
 34 19    a. (1)  The individual acted in good faith.
 34 20    b. (2)  The individual reasonably believed:
 34 21    (1) (a)  In the case of conduct in the individual's
 34 22 official capacity, that the individual's conduct was in the
 34 23 best interests of the corporation.
 34 24    (2) (b)  In all other cases, that the individual's conduct
 34 25 was at least not opposed to the best interests of the
 34 26 corporation.
 34 27    c. (3)  In the case of any criminal proceeding, the
 34 28 individual had no reasonable cause to believe the individual's
 34 29 conduct was unlawful, or the.
 34 30    b.  The individual engaged in conduct for which broader
 34 31 indemnification has been made permissible or obligatory under
 34 32 a provision of the articles of incorporation as authorized by
 34 33 section 490.202, subsection 2, paragraph "e".
 34 34    Sec. 85.  Section 490.856, subsection 2, Code 2003, is
 34 35 amended to read as follows:
 35  1    2.  The provisions of subsection 1, paragraph "b", shall
 35  2 apply to an officer who is also a director if the basis on
 35  3 which the officer is made a party to a proceeding is an act or
 35  4 omission action taken or a failure to take an action solely as
 35  5 an officer.
 35  6    Sec. 86.  Section 490.1323, subsection 3, Code 2003, is
 35  7 amended to read as follows:
 35  8    3.  A shareholder who does not demand payment or execute
 35  9 and return the form and, in the case of certificated shares,
 35 10 deposit the shareholder's share certificates where required,
 35 11 each by the date set forth in the dissenters' notice described
 35 12 in section 490.1322, subsection 2, shall not be entitled to
 35 13 payment for the shareholder's shares under this division.
 35 14    Sec. 87.  Section 490.1324, subsection 2, paragraph c, Code
 35 15 2003, is amended to read as follows:
 35 16    c.  A statement that shareholders described in subsection 1
 35 17 have the right to demand further payment under section
 35 18 490.1326 and that if any such shareholder does not do so
 35 19 within the time period specified therein, such shareholder
 35 20 shall be deemed to have accepted such the payment to the
 35 21 shareholder pursuant to subsection 1 in full satisfaction of
 35 22 the corporation's obligations under this chapter.
 35 23    Sec. 88.  Section 490.1404, subsection 1, Code 2003, is
 35 24 amended to read as follows:
 35 25    1.  A corporation may revoke its dissolution within one
 35 26 hundred twenty days of its the effective date of its articles
 35 27 of dissolution.
 35 28    Sec. 89.  Section 502.102, subsection 13, paragraph c, Code
 35 29 2003, is amended to read as follows:
 35 30    c.  With respect to a viatical settlement investment
 35 31 contract, "issuer" means a person involved in creating,
 35 32 transferring, or selling to an investor any interest in such a
 35 33 contract, including but not limited to fractional or pooled
 35 34 interests, but does not include an agent or a broker-dealer.
 35 35    Sec. 90.  Section 502.202, subsection 19, unnumbered
 36  1 paragraph 1, Code 2003, is amended to read as follows:
 36  2    A viatical settlement investment contract, or fractional or
 36  3 pooled interest in such contract, provided any of the
 36  4 following conditions are satisfied:
 36  5    Sec. 91.  Section 508E.3A, subsection 1, paragraph b, Code
 36  6 2003, is amended to read as follows:
 36  7    b.  The national association of insurance commissioners,
 36  8 the insurance division of the department of commerce, a
 36  9 federal or state governmental agency or bureau established to
 36 10 detect and prevent fraudulent insurance or viatical settlement
 36 11 acts, or any other organization established for such purpose,
 36 12 and their agents, employees, or designees.
 36 13    Sec. 92.  Section 537.1301, subsection 4, paragraph b, Code
 36 14 2003, is amended to read as follows:
 36 15    b.  In the case of a loan, the net amount paid to,
 36 16 receivable by, or paid or payable for the account of the
 36 17 debtor, plus the amount of any discount excluded from the
 36 18 finance charge under subsection 20 19, paragraph "b,"
 36 19 subparagraph 3, plus additional charges if permitted under
 36 20 paragraph "c" of this subsection.
 36 21    Sec. 93.  Section 542.13, subsection 16, paragraph d, Code
 36 22 2003, is amended to read as follows:
 36 23    d. 17.  Nothing contained in this chapter shall be
 36 24 construed to authorize any person engaged in the practice as a
 36 25 certified public accountant or licensed public accountant or
 36 26 any member or employee of such firm to engage in the practice
 36 27 of law individually or within entities licensed under this
 36 28 chapter.
 36 29    Sec. 94.  Section 542.19, subsection 1, paragraph a, Code
 36 30 2003, is amended to read as follows:
 36 31    a.  The other state's licensing or certification standards
 36 32 are substantially equivalent to those required by this
 36 33 chapter.
 36 34    Sec. 95.  Section 544B.12, Code 2003, is amended to read as
 36 35 follows:
 37  1    544B.12  SEAL.
 37  2    Every professional landscape architect shall have a seal,
 37  3 approved by the board, which shall contain the name of the
 37  4 landscape architect and the words "Professional Landscape
 37  5 Architect, State of Iowa", and such other words or figures as
 37  6 the board may deem necessary.  All landscape architectural
 37  7 plans and specifications, prepared by such professional
 37  8 landscape architect or under the supervision of such
 37  9 professional landscape architect, shall be dated and bear the
 37 10 legible seal of such professional landscape architect.
 37 11 Nothing contained in this section shall be construed to permit
 37 12 the seal of a professional landscape architect to serve as a
 37 13 substitute for the seal of a licensed architect, a licensed
 37 14 professional engineer, or a licensed land surveyor whenever
 37 15 the seal of an architect, engineer or land surveyor is
 37 16 required under the laws of this state.
 37 17    Sec. 96.  Section 554.9701, Code 2003, is amended to read
 37 18 as follows:
 37 19    554.9701  EFFECTIVE DATE.
 37 20    This The amendments to this Article takes as enacted in
 37 21 2000 Iowa Acts, chapter 1149, take effect on July 1, 2001, and
 37 22 are applicable on and after that date.
 37 23    Sec. 97.  Section 554D.118, subsection 4, Code 2003, is
 37 24 amended to read as follows:
 37 25    4.  Except as otherwise agreed, a person having control of
 37 26 a transferable record is the holder, as defined in section
 37 27 554.1201, of the transferable record and has the same rights
 37 28 and defenses as a holder of an equivalent record or writing
 37 29 under chapter 554, including, if the applicable statutory
 37 30 requirements under section 554.3302, subsection 1, section
 37 31 554.7501, or section 554.9308 554.9330 are satisfied, the
 37 32 rights and defenses of a holder in due course, a holder to
 37 33 which a negotiable document of title has been duly negotiated,
 37 34 or a purchaser, respectively.  Delivery, possession, and
 37 35 endorsement are not required to obtain or exercise any of the
 38  1 rights under this subsection.
 38  2    Sec. 98.  Section 554D.120, subsection 4, Code 2003, is
 38  3 amended to read as follows:
 38  4    4.  Except as otherwise provided in subsection 2 and in
 38  5 section 554D.114, subsection 6, this chapter does not require
 38  6 a governmental agency of this state to use or permit the use
 38  7 of electronic records or electronic signatures.
 38  8    Sec. 99.  Section 556.1, subsection 3, Code 2003, is
 38  9 amended to read as follows:
 38 10    3.  "Cooperative association" means an entity which is
 38 11 structured and operated on a cooperative basis, including an
 38 12 association of persons organized under chapter 497, 498, or
 38 13 499; an entity composed of entities organized under those
 38 14 chapters; a cooperative corporation organized under chapter
 38 15 501; a cooperative association organized under chapter 490; or
 38 16 any other entity recognized pursuant to 26 U.S.C. } 1381(a)
 38 17 which meets the definitional requirements of an association as
 38 18 provided in 12 U.S.C. } 1141(j)(a) or 7 U.S.C. } 291.
 38 19    Sec. 100.  Section 598.7A, subsection 5, Code 2003, is
 38 20 amended to read as follows:
 38 21    5.  The supreme court shall prescribe qualifications for
 38 22 mediators under this section on or before January 1, 2001.
 38 23 The qualifications shall include but are not limited to the
 38 24 ethical standards to be observed by mediators.  The
 38 25 qualifications shall not include a requirement that the
 38 26 mediator be licensed to practice any particular profession.
 38 27    Sec. 101.  Section 600.13, subsection 1, Code 2003, is
 38 28 amended to read as follows:
 38 29    1.  At the conclusion of the adoption hearing, the juvenile
 38 30 court or court shall do one of the following:
 38 31    a.  Issue a final adoption decree; decree.
 38 32    b.  Issue an interlocutory adoption decree; or, decree.
 38 33    c.  Issue a standby adoption decree pursuant to section
 38 34 600.14A.
 38 35    d.  Dismiss the adoption petition if the requirements of
 39  1 this chapter have not been met or if dismissal of the adoption
 39  2 petition is in the best interest of the person whose adoption
 39  3 has been petitioned.  Upon dismissal, the juvenile court or
 39  4 court shall determine who is to be guardian or custodian of a
 39  5 minor child, including the adoption petitioner if it is in the
 39  6 best interest of the minor person whose adoption has been
 39  7 petitioned.
 39  8    Sec. 102.  Section 602.8105, subsection 1, paragraph e,
 39  9 Code 2003, is amended to read as follows:
 39 10    e.  For an appeal from a judgment in small claims or for
 39 11 filing and docketing a writ of error, seventy-five dollars.
 39 12    Sec. 103.  Section 633.4105, subsection 2, paragraph b,
 39 13 subparagraph (1), Code 2003, is amended to read as follows:
 39 14    (1)  By majority vote of all qualified beneficiaries, who
 39 15 are adults, and the representative of any minor or incompetent
 39 16 qualified beneficiary, as defined by provided in section
 39 17 633.6303.
 39 18    Sec. 104.  Section 637.603, subsection 2, unnumbered
 39 19 paragraph 1, Code 2003, is amended to read as follows:
 39 20    The trustee sends written notice of the trustee's intention
 39 21 to take any action described in subsection 1 section 637.602,
 39 22 along with copies of such written policy and this subchapter,
 39 23 to all of the following persons:
 39 24    Sec. 105.  Section 637.605, subsection 3, unnumbered
 39 25 paragraph 1, Code 2003, is amended to read as follows:
 39 26    The trustee sends written notice of the trustee's intention
 39 27 to take any action described in subsection 1 section 637.604,
 39 28 along with copies of such written policy, this subchapter, and
 39 29 the determination of the disinterested person to all of the
 39 30 following persons:
 39 31    Sec. 106.  Section 717A.2, subsection 3, paragraph a, Code
 39 32 2003, is amended to read as follows:
 39 33    a.  A person who violates subsection 1, paragraph "a", is
 39 34 guilty of a class "C" felony if the injury to or death of an
 39 35 animal or damage to property exceeds fifty thousand dollars, a
 40  1 class "D" felony if the injury to or death of an animal or
 40  2 damage to property exceeds five hundred dollars but does not
 40  3 exceed fifty thousand dollars, an aggravated misdemeanor if
 40  4 the injury to or death of an animal or damage to property
 40  5 exceeds one hundred dollars but does not exceed five hundred
 40  6 dollars, a serious misdemeanor if the injury to or death of an
 40  7 animal or damage to property exceeds fifty dollars but does
 40  8 not exceed one hundred dollars, or a simple misdemeanor if the
 40  9 injury to or death of an animal or damage to property does not
 40 10 exceed fifty dollars.
 40 11    Sec. 107.  Section 910.1, subsection 4, Code 2003, is
 40 12 amended to read as follows:
 40 13    4.  "Restitution" means payment of pecuniary damages to a
 40 14 victim in an amount and in the manner provided by the
 40 15 offender's plan of restitution.  "Restitution" also includes
 40 16 fines, penalties, and surcharges, the contribution of funds to
 40 17 a local anticrime organization which provided assistance to
 40 18 law enforcement in an offender's case, the payment of crime
 40 19 victim compensation program reimbursements, payment of
 40 20 restitution to public agencies pursuant to section 321J.2,
 40 21 subsection 9, paragraph "b", court costs including
 40 22 correctional fees approved pursuant to section 356.7, court-
 40 23 appointed attorney fees ordered pursuant to section 815.9,
 40 24 including the expense of a public defender, and the
 40 25 performance of a public service by an offender in an amount
 40 26 set by the court when the offender cannot reasonably pay all
 40 27 or part of the court costs including correctional fees
 40 28 approved pursuant to section 356.7, or court-appointed
 40 29 attorney fees ordered pursuant to section 815.9, including the
 40 30 expense of a public defender.
 40 31    Sec. 108.  2002 Iowa Acts, chapter 1137, section 68,
 40 32 subsection 2, is amended by adding the following new
 40 33 unnumbered paragraph:
 40 34    NEW UNNUMBERED PARAGRAPH.  The Code editor is directed to
 40 35 strike section 455I.1, unnumbered paragraph 1, Code 2001, and
 41  1 section 455I.1, subsection 5, Code 2001.
 41  2    Sec. 109.  2001 Iowa Acts, Second Extraordinary Session,
 41  3 chapter 6, section 26, is amended to read as follows:
 41  4    SEC. 26.  RETROACTIVE APPLICABILITY AND EFFECTIVE DATES.
 41  5    1.  This division of this Act is retroactively applicable
 41  6 to July 1, 2001, and is applicable on and after that date.
 41  7    2.  The effective date of sections 21 through 24 of this
 41  8 division of this Act shall be the later of July 1, 2002, or
 41  9 upon the legislative enactment of the interstate compact for
 41 10 adult offender supervision by the thirty-fifth jurisdiction.
 41 11 The director of the department of corrections shall notify the
 41 12 Code editor upon the enactment of the compact by the thirty-
 41 13 fifth jurisdiction.
 41 14    Sec. 110.  Section 11.24, Code 2003, is repealed.
 41 15    Sec. 111.  Section 236.15B, Code 2003, is repealed.
 41 16    Sec. 112.  Section 443.23, Code 2003, is repealed.
 41 17    Sec. 113.  Section 558.1A, Code 2003, is repealed.
 41 18    Sec. 114.  AUTHORIZATION TO CODE EDITOR – REFERENCE
 41 19 CHANGES.
 41 20    1.  The Code editor may add any or all of the following
 41 21 references in the 2003 Code Supplement or in the 2005 Code as
 41 22 deemed proper by the Code editor:
 41 23    a.  The Code editor may include the phrase "as provided in
 41 24 chapter 17A" or ", chapter 17A," following the language "Iowa
 41 25 administrative procedure Act" if the language does not provide
 41 26 a reference to chapter 17A or a section of that chapter.
 41 27    b.  The Code editor may include the phrase "as provided in
 41 28 chapter 537" or ", chapter 537," following the language "Iowa
 41 29 consumer credit code" if the language does not provide a
 41 30 reference to chapter 537 or a section of that chapter.
 41 31    c.  The Code editor may include the phrase "as provided in
 41 32 chapter 554" or ", chapter 554," following the language
 41 33 "uniform commercial code" or "Iowa uniform commercial code" if
 41 34 the language does not provide a reference to chapter 554 or a
 41 35 section of that chapter.
 42  1    d.  The Code editor may include the phrase "as provided in
 42  2 section 103A.7" or ", section 103A.7," following the language
 42  3 "state building code" if the language does not provide a
 42  4 reference to chapter 103A or section 103A.7.
 42  5    2.  The Code editor may substitute the term "division" for
 42  6 the "division of criminal investigation of the department of
 42  7 public safety" wherever it appears in chapter 99F.
 42  8    Sec. 115.  AUTHORIZATION TO CODE EDITOR – TRANSFER.  The
 42  9 Code editor may transfer section 126.24 to a new chapter 708B
 42 10 or another chapter deemed appropriate by the Code editor.
 42 11    Sec. 116.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
 42 12    1.  The sections of this Act amending sections 159.6 and
 42 13 173.3, as amended by 2002 Iowa Acts, chapter 1017, take effect
 42 14 July 1, 2005.
 42 15    2.  The section of this Act amending section 490.851 takes
 42 16 effect upon enactment and applies retroactively to January 1,
 42 17 2003.
 42 18    3.  The section of this Act amending section 554.9701,
 42 19 being deemed of immediate importance, takes effect upon
 42 20 enactment and applies retroactively to July 1, 2001.
 42 21    4.  The section of this Act amending 2001 Iowa Acts, Second
 42 22 Extraordinary Session, chapter 6, section 26, being deemed of
 42 23 immediate importance, takes effect upon enactment.  
 42 24 
 42 25 
 42 26                                                             
 42 27                               MARY E. KRAMER
 42 28                               President of the Senate
 42 29 
 42 30 
 42 31                                                             
 42 32                               CHRISTOPHER C. RANTS
 42 33                               Speaker of the House
 42 34 
 42 35    I hereby certify that this bill originated in the Senate and
 43  1 is known as Senate File 155, Eightieth General Assembly.
 43  2 
 43  3 
 43  4                                                             
 43  5                               MICHAEL E. MARSHALL
 43  6                               Secretary of the Senate
 43  7 Approved                , 2003
 43  8 
 43  9 
 43 10                                
 43 11 THOMAS J. VILSACK
 43 12 Governor
     
Text: SF00154                           Text: SF00156
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