Text: SF02101                           Text: SF02103
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2102

Partial Bill History

• Bill Introduced: S.J. 203.2
• Committee Report Issued: S.J. 207.2
• Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 2A.8, Code Supplement 2003, is amended
  1  2 to read as follows:
  1  3    2A.8  SALES – TAX EXEMPTION AUTHORIZED.
  1  4    1.  The legislative services agency and its legislative
  1  5 information office may sell mementos and other items relating
  1  6 to Iowa history and historic sites, the general assembly, and
  1  7 the state capitol, on the premises of property under the
  1  8 control of the legislative council, at the state capitol, and
  1  9 on other state property.
  1 10    2.  The legislative services agency is not a retailer under
  1 11 chapter 422 and the sale of items or provision of services by
  1 12 the legislative services agency is not a retail sale under
  1 13 chapter 422, division IV, and is exempt from the sales tax.
  1 14    Sec. 2.  Section 3.1, subsection 3, Code Supplement 2003,
  1 15 is amended to read as follows:
  1 16    3.  All references to statutes shall be expressed in
  1 17 numerals, and if omitted the Code editor in preparing Acts for
  1 18 publication in the session laws shall supply the numerals.
  1 19    Sec. 3.  Section 8A.221, subsection 3, paragraph b, Code
  1 20 Supplement 2003, is amended to read as follows:
  1 21    b.  Members appointed by the governor are subject to
  1 22 confirmation by the senate and shall serve four-year staggered
  1 23 terms as designated by the governor.  The advisory council
  1 24 shall annually elect its own chairperson from among the voting
  1 25 members of the board council.  Members appointed by the
  1 26 governor are subject to the requirements of sections 69.16,
  1 27 69.16A, and 69.19.  Members appointed by the governor shall be
  1 28 reimbursed for actual and necessary expenses incurred in
  1 29 performance of their duties.  Such members may also be
  1 30 eligible to receive compensation as provided in section 7E.6.
  1 31    Sec. 4.  Section 8A.302, subsection 2, Code Supplement
  1 32 2003, is amended to read as follows:
  1 33    2.  Providing for the proper maintenance of the state
  1 34 laboratories facility in Ankeny and of the state capitol,
  1 35 grounds, and equipment, and all other state buildings, and
  2  1 grounds, and equipment at the seat of government, and of the
  2  2 state laboratories facility in Ankeny, except those referred
  2  3 to in section 216B.3, subsection 6.
  2  4    Sec. 5.  Section 8A.311, subsection 17, Code Supplement
  2  5 2003, is amended by striking the subsection.
  2  6    Sec. 6.  Section 8A.315, subsection 1, paragraph c, Code
  2  7 Supplement 2003, is amended to read as follows:
  2  8    c.  A minimum of ten percent of the purchases of garbage
  2  9 can liners made by the department shall be plastic garbage can
  2 10 liners with recycled content.  The percentage shall increase
  2 11 by ten percent annually until fifty percent of the purchases
  2 12 of garbage can liners are made by the department shall be
  2 13 plastic garbage can liners with recycled content.
  2 14    Sec. 7.  Section 8A.321, subsection 1, Code Supplement
  2 15 2003, is amended to read as follows:
  2 16    1.  Provide for supervision over the custodians and other
  2 17 employees of the department in and about the state
  2 18 laboratories facility in Ankeny and in and about the capitol
  2 19 and other state buildings, and the state laboratories facility
  2 20 in Ankeny at the seat of government, except the buildings and
  2 21 grounds referred to in section 216B.3, subsection 6, at the
  2 22 seat of government.
  2 23    Sec. 8.  Section 8A.322, subsection 1, Code Supplement
  2 24 2003, is amended to read as follows:
  2 25    1.  The director shall provide necessary lighting, fuel,
  2 26 and water services for the state laboratories facility in
  2 27 Ankeny and for the state buildings and grounds located at the
  2 28 seat of government, and for the state laboratories facility in
  2 29 Ankeny, except the buildings and grounds referred to in
  2 30 section 216B.3, subsection 6.
  2 31    Sec. 9.  Section 8A.412, subsection 5, Code Supplement
  2 32 2003, is amended to read as follows:
  2 33    5.  All presidents, deans, directors, teachers,
  2 34 professional and scientific personnel, and student employees
  2 35 under the jurisdiction of the state board of regents.  The
  3  1 state board of regents shall adopt rules not inconsistent with
  3  2 the objectives of this chapter subchapter for all of its
  3  3 employees not cited specifically in this subsection.  The
  3  4 rules are subject to approval by the director.  If at any time
  3  5 the director determines that the state board of regents merit
  3  6 system rules do not comply with the intent of this chapter
  3  7 subchapter, the director may direct the board to correct the
  3  8 rules.  The rules of the board are not in compliance until the
  3  9 corrections are made.
  3 10    Sec. 10.  Section 10C.1, subsections 2 and 8, Code
  3 11 Supplement 2003, are amended to read as follows:
  3 12    2.  "Agricultural commodity" means the same as defined in
  3 13 section 190C.1 includes but is not limited to livestock,
  3 14 crops, fiber, or food, such as vegetables, nuts, seeds, honey,
  3 15 eggs, or milk existing in an unprocessed state, which is
  3 16 produced on a farm and marketed for human or livestock
  3 17 consumption.
  3 18    8.  "Life science by-product" means a an agricultural
  3 19 commodity, other than a life science product, if the
  3 20 agricultural commodity derives from the production of a life
  3 21 science product and the agricultural commodity is not intended
  3 22 or used for human consumption.
  3 23    Sec. 11.  Section 12B.3, Code Supplement 2003, is amended
  3 24 to read as follows:
  3 25    12B.3  DISCOUNTING WARRANTS.
  3 26    If the treasurer of state or any county treasurer,
  3 27 personally or through another, discounts the director of
  3 28 revenue's the department of administrative services' or
  3 29 auditor's warrants, either directly or indirectly, the
  3 30 treasurer shall be guilty of a serious misdemeanor.
  3 31    Sec. 12.  Section 15.313, subsection 1, paragraph b,
  3 32 unnumbered paragraph 1, Code Supplement 2003, is amended to
  3 33 read as follows:
  3 34    All unencumbered and unobligated funds from the targeted
  3 35 small business financial assistance program, the
  4  1 microenterprise development revolving fund, financing rural
  4  2 economic development or successor loan program, and the value-
  4  3 added agricultural products and processes financial assistance
  4  4 fund remaining on June 30, 1992, and all repayments of loans
  4  5 or other awards or recaptures of awards made under these
  4  6 programs.
  4  7    Sec. 13.  Section 23A.2, subsection 10, paragraph p, Code
  4  8 Supplement 2003, is amended by striking the paragraph.
  4  9    Sec. 14.  Section 68A.602, Code Supplement 2003, is amended
  4 10 to read as follows:
  4 11    68A.602  FUND CREATED.
  4 12    The "Iowa election campaign fund" is created within the
  4 13 office of the treasurer of state.  The fund shall consist of
  4 14 funds paid by persons as provided in section 68A.601.  The
  4 15 treasurer of state shall maintain within the fund a separate
  4 16 account for each political party as defined in section 43.2.
  4 17 The director of revenue shall remit funds collected as
  4 18 provided in section 68A.601 to the treasurer of state who
  4 19 shall deposit such funds in the appropriate account within the
  4 20 Iowa election campaign fund.  All contributions directed to
  4 21 the Iowa election campaign fund by taxpayers who do not
  4 22 designate any one political party to receive their
  4 23 contributions shall be divided by the director of revenue
  4 24 equally among each account currently maintained in the fund.
  4 25 However, at any time when more than two accounts are being
  4 26 maintained within the fund contributions to the fund by
  4 27 taxpayers who do not designate any one political party to
  4 28 receive their contributions shall be divided among the
  4 29 accounts in the same proportion as the number of registered
  4 30 voters declaring affiliation with each political party for
  4 31 which an account is maintained bears to the total number of
  4 32 registered voters who have declared an affiliation with a
  4 33 political party.  Any interest income received by the
  4 34 treasurer of state from investment of moneys deposited in the
  4 35 fund shall be deposited in the Iowa election campaign fund.
  5  1 Such funds shall be subject to payment to the chairperson of
  5  2 the specified political party as authorized by the director of
  5  3 revenue on warrants issued by the director of revenue the
  5  4 department of administrative services in the manner provided
  5  5 by section 68A.605.
  5  6    Sec. 15.  Section 97A.8, subsection 1, paragraph i,
  5  7 subparagraph (1), Code Supplement 2003, is amended to read as
  5  8 follows:
  5  9    (1)  Notwithstanding paragraph "g" or other provisions of
  5 10 this chapter, beginning January 1, 1995, for federal income
  5 11 tax purposes, and beginning January 1, 1999, for state income
  5 12 tax purposes, member contributions required under paragraph
  5 13 "f" or "h" which are picked up by the department shall be
  5 14 considered employer contributions for federal and state income
  5 15 tax purposes, and the department shall pick up the member
  5 16 contributions to be made under paragraph "f" or "h" by its
  5 17 employees.  The department shall pick up these contributions
  5 18 by reducing the salary of each of its employees covered by
  5 19 this chapter by the amount which each employee is required to
  5 20 contribute under paragraph "f" or "h" and shall certify the
  5 21 amount picked up in lieu of the member contributions to the
  5 22 department of revenue administrative services.  The department
  5 23 of revenue administrative services shall forward the amount of
  5 24 the contributions picked up to the board of trustees for
  5 25 recording and deposit in the pension accumulation fund.
  5 26    Sec. 16.  Section 97B.50, subsection 2, paragraph c, Code
  5 27 Supplement 2003, is amended to read as follows:
  5 28    c.  A vested member who terminated service due to a
  5 29 disability, who has been issued payment for a refund pursuant
  5 30 to section 97B.53, and who subsequently commences receiving
  5 31 disability benefits as a result of that disability pursuant to
  5 32 the federal Social Security Act, 42 U.S.C. } 423 et seq. or
  5 33 the federal Railroad Retirement Act, 45 U.S.C. } 231 et seq.,
  5 34 may receive credit for membership service for the period
  5 35 covered by the refund payment, upon repayment to the system of
  6  1 the actuarial cost of receiving service credit for the period
  6  2 covered by the refund payment, as determined by the system.
  6  3 For purposes of this paragraph, the actuarial cost of the
  6  4 service purchase shall be determined as provided in section
  6  5 97B.74.  The payment to the system as provided in this
  6  6 paragraph shall be made within ninety days after July 1, 2000,
  6  7 or the date federal disability payments commenced, whichever
  6  8 occurs later.  For purposes of this paragraph, the date
  6  9 federal disability payments commence shall be the date that
  6 10 the member actually receives the first such payment,
  6 11 regardless of any retroactive payments included in that
  6 12 payment.  A member who repurchases service credit under this
  6 13 paragraph and applies for retirement benefits shall have the
  6 14 member's monthly allowance, including retroactive adjustment
  6 15 payments, determined in the same manner as provided in
  6 16 paragraph "a" or "b", as applicable.  This paragraph shall not
  6 17 be implemented until the system has received a determination
  6 18 letter from the federal internal revenue service approving the
  6 19 system's plan's qualified status under Internal Revenue Code
  6 20 section 401(a).
  6 21    Sec. 17.  Section 97B.50A, subsection 10, paragraph a,
  6 22 subparagraphs (1) and (2), Code Supplement 2003, are amended
  6 23 to read as follows:
  6 24    (1)  The system shall be indemnified out of the recovery of
  6 25 damages to the extent of benefit payments made by the
  6 26 retirement system, with legal interest, except that the
  6 27 plaintiff member's attorney fees may be first allowed by the
  6 28 district court.
  6 29    (2)  The system has a lien on the damage claim against the
  6 30 third party and on any judgment on the damage claim for
  6 31 benefits for which the retirement system is liable.  In order
  6 32 to continue and preserve the lien, the system shall file a
  6 33 notice of the lien within thirty days after receiving a copy
  6 34 of the original notice in the office of the clerk of the
  6 35 district court in which the action is filed.
  7  1    Sec. 18.  Section 97B.50A, subsection 10, paragraph b,
  7  2 subparagraphs (1) and (2), Code Supplement 2003, are amended
  7  3 to read as follows:
  7  4    (1)  A sum sufficient to repay the system for the amount of
  7  5 such benefits actually paid by the retirement system up to the
  7  6 time of the entering of the judgment.
  7  7    (2)  A sum sufficient to pay the system the present worth,
  7  8 computed at the interest rate provided in section 535.3 for
  7  9 court judgments and decrees, of the future payments of such
  7 10 benefits for which the retirement system is liable, but the
  7 11 sum is not a final adjudication of the future payment which
  7 12 the member is entitled to receive.
  7 13    Sec. 19.  Section 99G.8, subsection 11, Code Supplement
  7 14 2003, is amended to read as follows:
  7 15    11.  The board shall meet at least quarterly and at such
  7 16 other times upon call of the chairperson or the president
  7 17 chief executive officer.  Notice of the time and place of each
  7 18 board meeting shall be given to each member.  The board shall
  7 19 also meet upon call of three or more of the board members.
  7 20 The board shall keep accurate and complete records of all its
  7 21 meetings.
  7 22    Sec. 20.  Section 99G.31, subsection 1, Code Supplement
  7 23 2003, is amended to read as follows:
  7 24    1.  The chief executive officer shall award the designated
  7 25 prize to the holder of the ticket or shareholder share upon
  7 26 presentation of the winning ticket or confirmation of a
  7 27 winning share.  The prize shall be given to only one person as
  7 28 provided in this section; however, a prize shall be divided
  7 29 between holders of winning tickets if there is more than one
  7 30 winning ticket.
  7 31    Sec. 21.  Section 99G.34, subsection 8, Code Supplement
  7 32 2003, is amended to read as follows:
  7 33    8.  Information that is otherwise confidential obtained
  7 34 pursuant to investigations as provided in section 99G.35.
  7 35    Sec. 22.  Section 147.107, subsection 7, Code Supplement
  8  1 2003, is amended by striking the subsection.
  8  2    Sec. 23.  Section 148C.1, subsection 4, Code Supplement
  8  3 2003, is amended to read as follows:
  8  4    4.  "Licensed physician assistant" means a person who is
  8  5 licensed by the board to practice as a physician assistant
  8  6 under the supervision of one or more physicians specified in
  8  7 the license.  "Supervision" does not require the personal
  8  8 presence of the supervising physician at the place where
  8  9 medical services are rendered except insofar as the personal
  8 10 presence is expressly required by this chapter or required by
  8 11 rules of the board adopted pursuant to this chapter.
  8 12    Sec. 24.  Section 148C.3, subsection 2, Code Supplement
  8 13 2003, is amended to read as follows:
  8 14    2.  Rules shall be adopted by the board pursuant to this
  8 15 chapter requiring a licensed physician assistant to be
  8 16 supervised by physicians.  The rules shall provide that not
  8 17 more than two physician assistants shall be supervised by a
  8 18 physician at one time.  The rules shall also provide that a
  8 19 physician assistant shall notify the board of the identity of
  8 20 their the physician assistant's supervising physician, and of
  8 21 any change in the status of the supervisory relationship.
  8 22    Sec. 25.  Section 159.34, subsection 1, Code Supplement
  8 23 2003, is amended to read as follows:
  8 24    1.  A contract executed under this subchapter may require
  8 25 that a depositary provide for the receipt, acceptance, and
  8 26 storage of filing documents that are sent in an electronic
  8 27 format to the depositary by persons who would otherwise be
  8 28 required to submit filing documents to the department under
  8 29 other provisions of this title.  The contract shall be
  8 30 governed under the same provisions as provided in section
  8 31 14B.202 8A.106.
  8 32    Sec. 26.  Section 161C.7, subsection 1, Code Supplement
  8 33 2003, is amended by striking the subsection.
  8 34    Sec. 27.  Section 163.30, subsection 2, paragraph a, Code
  8 35 Supplement 2003, is amended to read as follows:
  9  1    a.  "Dealer" means any person who is engaged in the
  9  2 business of buying for resale, or selling, or exchanging swine
  9  3 as a principal or agent or who claims to be so engaged, but
  9  4 does not include the owner or operator of a farm who does not
  9  5 claim to be so engaged, and who sells or exchanges only those
  9  6 swine which have been kept by the person solely for feeding or
  9  7 breeding purposes.
  9  8    Sec. 28.  Section 232.95, subsection 2, Code 2003, is
  9  9 amended by adding the following new paragraphs:
  9 10    NEW PARAGRAPH.  b.  Release the child to the child's
  9 11 parent, guardian, or custodian pending a final order of
  9 12 disposition.
  9 13    NEW PARAGRAPH.  c.  Authorize a physician or hospital to
  9 14 provide medical or surgical procedures if such procedures are
  9 15 necessary to safeguard the child's life or health.
  9 16    Sec. 29.  Section 232B.10, subsection 1, Code Supplement
  9 17 2003, is amended to read as follows:
  9 18    1.  For the purposes of this section chapter, unless the
  9 19 context otherwise requires, a "qualified expert witness" may
  9 20 include, but is not limited to, a social worker, sociologist,
  9 21 physician, psychologist, traditional tribal therapist and
  9 22 healer, spiritual leader, historian, or elder.
  9 23    Sec. 30.  Section 257.26, Code Supplement 2003, is amended
  9 24 to read as follows:
  9 25    257.26  INSTRUCTIONAL SUPPORT INCOME SURTAX DISTRIBUTION.
  9 26    The director of revenue the department of administrative
  9 27 services shall draw warrants in payment of the amount of
  9 28 instructional support surtax in the manner provided in section
  9 29 298.14.
  9 30    Sec. 31.  Section 260G.4B, subsection 1, Code Supplement
  9 31 2003, is amended to read as follows:
  9 32    1.  The total amount of program job credits from all
  9 33 employers which shall be allocated for all accelerated career
  9 34 education programs in the state in any one fiscal year shall
  9 35 not exceed the sum of three million dollars in the fiscal year
 10  1 beginning July 1, 2000, three million dollars in the fiscal
 10  2 year beginning July 1, 2001, three million dollars in the
 10  3 fiscal year beginning July 1, 2002, four million dollars in
 10  4 the fiscal year beginning July 1, 2003, and six million
 10  5 dollars in the fiscal year beginning July 1, 2004, and every
 10  6 fiscal year thereafter.  Any increase in program job credits
 10  7 above the six-million-dollar limitation per fiscal year shall
 10  8 be developed, based on recommendations in a study which shall
 10  9 be conducted by the department of economic development,
 10 10 pursuant to this section, Code Supplement 2003, of the needs
 10 11 and performance of approved programs in the fiscal years
 10 12 beginning July 1, 2000, and July 1, 2001.  The study's
 10 13 findings and recommendations shall be submitted to the general
 10 14 assembly by the department by December 31, 2002.  The study
 10 15 shall include but not be limited to an examination of the
 10 16 quality of the programs, the number of program participant
 10 17 placements, the wages and benefits in program jobs, the level
 10 18 of employer contributions, the size of participating
 10 19 employers, and employer locations.  A community college shall
 10 20 file a copy of each agreement with the department of economic
 10 21 development.  The department shall maintain an annual record
 10 22 of the proposed program job credits under each agreement for
 10 23 each fiscal year.  Upon receiving a copy of an agreement, the
 10 24 department shall allocate any available amount of program job
 10 25 credits to the community college according to the agreement
 10 26 sufficient for the fiscal year and for the term of the
 10 27 agreement.  When the total available program job credits are
 10 28 allocated for a fiscal year, the department shall notify all
 10 29 community colleges that the maximum amount has been allocated
 10 30 and that further program job credits will not be available for
 10 31 the remainder of the fiscal year.  Once program job credits
 10 32 have been allocated to a community college, the full
 10 33 allocation shall be received by the community college
 10 34 throughout the fiscal year and for the term of the agreement
 10 35 even if the statewide program job credit maximum amount is
 11  1 subsequently allocated and used.
 11  2    Sec. 32.  Section 282.33, subsection 1, Code Supplement
 11  3 2003, is amended to read as follows:
 11  4    1.  A child who resides in an institution for children
 11  5 under the jurisdiction of the director of human services
 11  6 referred to in section 218.1, subsection 3, 5, 7, or 8, and
 11  7 who is not enrolled in the educational program of the district
 11  8 of residence of the child, shall receive appropriate
 11  9 educational services.  The institution in which the child
 11 10 resides shall submit a proposed program and budget based on
 11 11 the average daily attendance of the children residing in the
 11 12 institution to the department of education and the department
 11 13 of human services by January 1 for the next succeeding school
 11 14 year.  The department of education shall review and approve or
 11 15 modify the proposed program and budget and shall notify the
 11 16 department of revenue administrative services of its action by
 11 17 February 1.  The department of revenue administrative services
 11 18 shall pay the approved budget amount to the department of
 11 19 human services in monthly installments beginning September 15
 11 20 and ending June 15 of the next succeeding school year.  The
 11 21 installments shall be as nearly equal as possible as
 11 22 determined by the department of revenue administrative
 11 23 services, taking into consideration the relative budget and
 11 24 cash position of the state's resources.  The department of
 11 25 revenue administrative services shall pay the approved budget
 11 26 amount for the department of human services from the moneys
 11 27 appropriated under section 257.16 and the department of human
 11 28 services shall distribute the payment to the institution.  The
 11 29 institution shall submit an accounting for the actual cost of
 11 30 the program to the department of education by August 1 of the
 11 31 following school year.  The department shall review and
 11 32 approve or modify all expenditures incurred in compliance with
 11 33 the guidelines adopted pursuant to section 256.7, subsection
 11 34 10, and shall notify the department of revenue administrative
 11 35 services of the approved accounting amount.  The approved
 12  1 accounting amount shall be compared with any amounts paid by
 12  2 the department of revenue administrative services to the
 12  3 department of human services and any differences added to or
 12  4 subtracted from the October payment made under this subsection
 12  5 for the next school year.  Any amount paid by the department
 12  6 of revenue administrative services shall be deducted monthly
 12  7 from the state foundation aid paid under section 257.16 to all
 12  8 school districts in the state during the subsequent fiscal
 12  9 year.  The portion of the total amount of the approved budget
 12 10 that shall be deducted from the state aid of a school district
 12 11 shall be the same as the ratio that the budget enrollment for
 12 12 the budget year of the school district bears to the total
 12 13 budget enrollment in the state for that budget year in which
 12 14 the deduction is made.
 12 15    Sec. 33.  Section 301.1, subsection 2, Code Supplement
 12 16 2003, is amended to read as follows:
 12 17    2.  Textbooks adopted and purchased by a school district
 12 18 shall, to the extent funds are appropriated by the general
 12 19 assembly, be made available to pupils attending accredited
 12 20 nonpublic schools upon request of the pupil or the pupil's
 12 21 parent under comparable terms as made available to pupils
 12 22 attending public schools.  If the general assembly
 12 23 appropriates moneys for purposes of making textbooks available
 12 24 to accredited nonpublic school pupils, the department of
 12 25 education shall ascertain the amount available to a school
 12 26 district for the purchase of nonsectarian, nonreligious
 12 27 textbooks for pupils attending accredited nonpublic schools.
 12 28 The amount shall be in the proportion that the basic
 12 29 enrollment of a participating accredited nonpublic school
 12 30 bears to the sum of the basic enrollments of all participating
 12 31 accredited nonpublic schools in the state for the budget year.
 12 32 For purposes of this section, a "participating accredited
 12 33 nonpublic school" means an accredited nonpublic school that
 12 34 submits a written request on behalf of the school's pupils in
 12 35 accordance with this subsection, and that certifies its actual
 13  1 enrollment to the department of education by October 1,
 13  2 annually.  By October 15, annually, the department of
 13  3 education shall certify to the director of revenue the
 13  4 department of administrative services the annual amount to be
 13  5 paid to each school district, and the director of revenue the
 13  6 department of administrative services shall draw warrants
 13  7 payable to school districts in accordance with this
 13  8 subsection.  For purposes of this subsection, an accredited
 13  9 nonpublic school's enrollment count shall include only
 13 10 students who are residents of Iowa.  The costs of providing
 13 11 textbooks to accredited nonpublic school pupils as provided in
 13 12 this subsection shall not be included in the computation of
 13 13 district cost under chapter 257, but shall be shown in the
 13 14 budget as an expense from miscellaneous income.  Textbook
 13 15 expenditures made in accordance with this subsection shall be
 13 16 kept on file in the school district.
 13 17    Sec. 34.  Section 304A.29, Code Supplement 2003, is amended
 13 18 to read as follows:
 13 19    304A.29  CLAIMS.
 13 20    1.  Claims for losses covered by indemnity agreements under
 13 21 this division shall be submitted to the department of
 13 22 administrative services which shall review the claims.  If the
 13 23 department determines that the loss is covered by the
 13 24 agreement, the department shall certify the validity of the
 13 25 claim, and authorize payment of the amount of loss, less any
 13 26 deductible portion, to the lender, and issue a warrant for
 13 27 payment of the claim from the state general fund out of any
 13 28 funds not otherwise appropriated.
 13 29    2.  The department shall prescribe rules providing for
 13 30 prompt adjustment of valid claims.  The rules shall include
 13 31 provisions for the employment of consultants and for the
 13 32 arbitration of issues relating to the dollar value of damages
 13 33 involving less than total loss or destruction of covered
 13 34 items.
 13 35    3.  The authorization for payment shall be forwarded to the
 14  1 director of the department of administrative services, who
 14  2 shall issue a warrant for payment of the claim from the state
 14  3 general fund out of any funds not otherwise appropriated.
 14  4    Sec. 35.  Section 321.91, subsection 2, Code 2003, is
 14  5 amended to read as follows:
 14  6    2.  A person convicted of a violation of this section who
 14  7 abandons a vehicle is guilty of a simple misdemeanor
 14  8 punishable as a scheduled violation under section 805.8A,
 14  9 subsection 14, paragraph "b".
 14 10    Sec. 36.  Section 321.210B, Code Supplement 2003, is
 14 11 amended to read as follows:
 14 12    321.210B  NONRENEWAL OR SUSPENSION FOR FAILURE TO PAY
 14 13 INDEBTEDNESS OWED TO THE STATE.
 14 14    The department shall suspend or refuse to renew the
 14 15 driver's license of a person who has a delinquent account owed
 14 16 to the state according to records provided by the department
 14 17 of revenue pursuant to section 421.17.  A license shall be
 14 18 suspended or shall not be renewed until such time as the
 14 19 department of administrative services revenue notifies the
 14 20 state department of transportation that the licensee has made
 14 21 arrangements for payment of the debt with the agency which is
 14 22 owed or is collecting the debt.  This section is only
 14 23 applicable to those persons residing in a county which is
 14 24 participating in the driver's license indebtedness clearance
 14 25 pilot project.
 14 26    Sec. 37.  Section 331.304, subsection 10, Code 2003, is
 14 27 amended to read as follows:
 14 28    10.  A county shall not adopt or enforce any ordinance
 14 29 imposing any registration or licensing system or registration
 14 30 or license fees for owner-occupied manufactured or mobile
 14 31 homes including the lots or lands upon which they are located.
 14 32 A county shall not adopt or enforce any ordinance imposing any
 14 33 registration or licensing system, or registration or license
 14 34 fees, or safety or sanitary standards for rental manufactured
 14 35 or mobile homes unless similar registration or licensing
 15  1 system, or registration or license fees, or safety or sanitary
 15  2 standards are required for other rental properties intended
 15  3 for human habitation.  This subsection does not preclude the
 15  4 investigation and abatement of a nuisance or the enforcement
 15  5 of a tiedown system, or the enforcement of any regulations of
 15  6 the state or local board of health if those regulations apply
 15  7 to other rental properties or to owner-occupied housing
 15  8 intended for human habitation.
 15  9    Sec. 38.  Section 331.559, subsection 1, Code Supplement
 15 10 2003, is amended to read as follows:
 15 11    1.  Determine and collect taxes on mobile homes and
 15 12 manufactured homes as provided in sections 435.22 to 435.26.
 15 13    Sec. 39.  Section 331.602, subsection 29, Code Supplement
 15 14 2003, is amended to read as follows:
 15 15    29.  Register Record the name and description of a farm as
 15 16 provided in sections 557.22 to 557.26.
 15 17    Sec. 40.  Section 331.756, subsection 63, Code Supplement
 15 18 2003, is amended to read as follows:
 15 19    63.  Present to the grand jury at its next session a copy
 15 20 of the report filed by the division department of corrections
 15 21 of the department of human services of its inspection of the
 15 22 jails in the county as provided in section 356.43.
 15 23    Sec. 41.  Section 356.7, subsection 1, Code Supplement
 15 24 2003, is amended to read as follows:
 15 25    1.  The county sheriff, or a municipality operating a
 15 26 temporary municipal holding facility or jail, may charge a
 15 27 prisoner who is eighteen years of age or older and who has
 15 28 been convicted of a criminal offense or sentenced for contempt
 15 29 of court for violation of a domestic abuse order for the
 15 30 actual administrative costs relating to the arrest and booking
 15 31 of that prisoner, and for room and board provided to the
 15 32 prisoner while in the custody of the county sheriff or
 15 33 municipality.  Moneys collected by the sheriff or municipality
 15 34 under this section shall be credited respectively to the
 15 35 county general fund or the city general fund and distributed
 16  1 as provided in this section.  If a prisoner who has been
 16  2 convicted of a criminal offense or sentenced for contempt of
 16  3 court for violation of a domestic abuse order fails to pay for
 16  4 the administrative costs and the room and board, the sheriff
 16  5 or municipality may file a room and board reimbursement claim
 16  6 with the district court as provided in subsection 2.  The
 16  7 county attorney may file the reimbursement claim on behalf of
 16  8 the sheriff and the county or the municipality.  The attorney
 16  9 for the municipality may also file a reimbursement claim on
 16 10 behalf of the municipality.  This section does not apply to
 16 11 prisoners who are paying for their room and board by court
 16 12 order pursuant to sections 356.26 through 356.35.
 16 13    Sec. 42.  Section 368.4, Code Supplement 2003, is amended
 16 14 to read as follows:
 16 15    368.4  ANNEXING MORATORIUM.
 16 16    A city, following notice and hearing, may by resolution
 16 17 agree with another city or cities to refrain from annexing
 16 18 specifically described territory for a period not to exceed
 16 19 ten years and, following notice and hearing, may by resolution
 16 20 extend the agreement for subsequent periods not to exceed ten
 16 21 years each.  Notice of a hearing shall be served by regular
 16 22 mail at least thirty days before the hearing on the city
 16 23 development board and on the board of supervisors of the
 16 24 county in which the territory is located and shall be
 16 25 published in an official county newspaper in each county
 16 26 containing a city conducting a hearing regarding the
 16 27 agreement, in an official county newspaper in any county
 16 28 within two miles of any such city, and in an official
 16 29 newspaper of each city conducting a hearing regarding the
 16 30 agreement.  The notice shall include the time and place of the
 16 31 hearing, describe the territory subject to the proposed
 16 32 agreement, and the general terms of the agreement.  After
 16 33 passage of a resolution by the cities approving the
 16 34 agreements, a copy of the agreement and a copy of any
 16 35 resolution extending an agreement shall be filed with the city
 17  1 development board within ten days of enactment.  If such an
 17  2 agreement is in force, the board shall dismiss a petition or
 17  3 plan which violates the terms of the agreement.
 17  4    Sec. 43.  Section 368.26, unnumbered paragraph 3, Code
 17  5 Supplement 2003, is amended to read as follows:
 17  6    For the purposes of this section, "protected farmland"
 17  7 means land that is part of a century farm as that term is
 17  8 defined in section 403.17, subsection 10.  "County For the
 17  9 purposes of this section, "county legislation" means any
 17 10 ordinance, motion, resolution, or amendment adopted by a
 17 11 county pursuant to section 331.302.
 17 12    Sec. 44.  Section 372.4, subsection 3, Code Supplement
 17 13 2003, is amended to read as follows:
 17 14    3.  In a city having a population of between five hundred
 17 15 and or more, but not more than five thousand, the city council
 17 16 may, or shall upon petition of the electorate meeting the
 17 17 numerical requirements of section 372.2, subsection 1, submit
 17 18 a proposal at the next regular or special city election to
 17 19 reduce the number of council members to three.  If a majority
 17 20 of the voters voting on the proposal approves it, the proposal
 17 21 is adopted.  If the proposal is adopted, the new council shall
 17 22 be elected at the next regular or special city election.  The
 17 23 council shall determine by ordinance whether the three council
 17 24 members are elected at large or by ward.
 17 25    Sec. 45.  Section 422.12D, subsection 4, Code Supplement
 17 26 2003, is amended to read as follows:
 17 27    4.  The department shall adopt rules to implement this
 17 28 section.  However, before a checkoff pursuant to this section
 17 29 shall be permitted, all liabilities on the books of the
 17 30 department of revenue administrative services and accounts
 17 31 identified as owing under section 421.17 8A.504 and the
 17 32 political contribution allowed under section 68A.601 shall be
 17 33 satisfied.
 17 34    Sec. 46.  Section 422.16, subsection 9, Code Supplement
 17 35 2003, is amended to read as follows:
 18  1    9.  The amount of any overpayment of the individual income
 18  2 tax liability of the employee taxpayer, nonresident, or other
 18  3 person which may result from the withholding and payment of
 18  4 withheld tax by the employer or withholding agent to the
 18  5 department under subsections 1 and 12, as compared to the
 18  6 individual income tax liability of the employee taxpayer,
 18  7 nonresident, or other person properly and correctly determined
 18  8 under the provisions of section 422.4, to and including
 18  9 section 422.25, may be credited against any income tax or
 18 10 installment thereof then due the state of Iowa and any balance
 18 11 of one dollar or more shall be refunded to the employee
 18 12 taxpayer, nonresident or other person with interest at the
 18 13 rate in effect under section 421.7 for each month or fraction
 18 14 of a month, the interest to begin to accrue on the first day
 18 15 of the second calendar month following the date the return was
 18 16 due to be filed or was filed, whichever is the later date.
 18 17 Amounts less than one dollar shall be refunded to the
 18 18 taxpayer, nonresident, or other person only upon written
 18 19 application, in accordance with section 422.73, and only if
 18 20 the application is filed within twelve months after the due
 18 21 date of the return.  Refunds in the amount of one dollar or
 18 22 more provided for by this subsection shall be paid by the
 18 23 treasurer of state by warrants drawn by the director of
 18 24 revenue the department of administrative services, or an
 18 25 authorized employee of the department, and the taxpayer's
 18 26 return of income shall constitute a claim for refund for this
 18 27 purpose, except in respect to amounts of less than one dollar.
 18 28 There is appropriated, out of any funds in the state treasury
 18 29 not otherwise appropriated, a sum sufficient to carry out the
 18 30 provisions of this subsection.
 18 31    Sec. 47.  Section 422.35, subsection 18, Code Supplement
 18 32 2003, is amended to read as follows:
 18 33    18.  Add, to the extent not already included, income from
 18 34 the sale of obligations of the state and its political
 18 35 divisions subdivisions.  Income from the sale of these
 19  1 obligations is exempt from the taxes imposed by this division
 19  2 only if the law authorizing these obligations specifically
 19  3 exempts the income from the sale from the state corporate
 19  4 income tax.
 19  5    Sec. 48.  Section 422.70, subsection 3, Code 2003, is
 19  6 amended to read as follows:
 19  7    3.  The fees and mileage to be paid witnesses and charged
 19  8 as costs shall be the same as prescribed by law in proceedings
 19  9 in the district court of this state in civil cases.  All costs
 19 10 shall be charged in the manner provided by law in proceedings
 19 11 in civil cases.  If the costs are charged to the taxpayer they
 19 12 shall be added to the taxes assessed against the taxpayer and
 19 13 shall be collected in the same manner.  Costs charged to the
 19 14 state shall be certified by the director who and the
 19 15 department of administrative services shall issue warrants on
 19 16 the state treasurer for the amount of the costs, to be paid
 19 17 out of the proceeds of the taxes collected under this chapter.
 19 18    Sec. 49.  Section 425.23, subsection 3, paragraph a, Code
 19 19 Supplement 2003, is amended to read as follows:
 19 20    a.  A person who is eligible to file a claim for credit for
 19 21 property taxes due and who has a household income of eight
 19 22 thousand five hundred dollars or less and who has an unpaid
 19 23 special assessment levied against the homestead may file a
 19 24 claim for a special assessment credit with the county
 19 25 treasurer.  The department shall provide to the respective
 19 26 treasurers the forms necessary for the administration of this
 19 27 subsection.  The claim shall be filed not later than September
 19 28 30 of each year.  Upon the filing of the claim, interest for
 19 29 late payment shall not accrue against the amount of the unpaid
 19 30 special assessment due and payable.  The claim filed by the
 19 31 claimant constitutes a claim for credit of an amount equal to
 19 32 the actual amount due upon the unpaid special assessment, plus
 19 33 interest, payable during the fiscal year for which the claim
 19 34 is filed against the homestead of the claimant.  However,
 19 35 where the claimant is an individual described in section
 20  1 425.17, subsection 2, paragraph "b", and the tentative credit
 20  2 is determined according to the schedule in subsection 1,
 20  3 paragraph "b", subparagraph (2), of this section, the claim
 20  4 filed constitutes a claim for credit of an amount equal to
 20  5 one-half of the actual amount due and payable during the
 20  6 fiscal year.  The treasurer shall certify to the director of
 20  7 revenue not later than October 15 of each year the total
 20  8 amount of dollars due for claims allowed.  The amount of
 20  9 reimbursement due each county shall be certified by the
 20 10 director of revenue and paid by the director of revenue the
 20 11 department of administrative services by November 15 of each
 20 12 year, drawn upon warrants payable to the respective treasurer.
 20 13 There is appropriated annually from the general fund of the
 20 14 state to the department of revenue an amount sufficient to
 20 15 carry out the provisions of this subsection.  The treasurer
 20 16 shall credit any moneys received from the department against
 20 17 the amount of the unpaid special assessment due and payable on
 20 18 the homestead of the claimant.
 20 19    Sec. 50.  Section 425A.6, Code Supplement 2003, is amended
 20 20 to read as follows:
 20 21    425A.6  WARRANTS DRAWN AUTHORIZED BY DIRECTOR – PRORATION.
 20 22    After receiving from the county auditors the certifications
 20 23 provided for in section 425A.5, and during the following
 20 24 fiscal year, the director of revenue shall authorize the
 20 25 department of administrative services to draw warrants on the
 20 26 family farm tax credit fund created in section 425A.1, payable
 20 27 to the county treasurers in the amount certified by the county
 20 28 auditors of the respective counties and mail the warrants to
 20 29 the county auditors on June 1 of each year taking into
 20 30 consideration the relative budget and cash position of the
 20 31 state resources.  However, if the family farm tax credit fund
 20 32 is insufficient to pay in full the total of the amounts
 20 33 certified to the director of revenue, the director shall
 20 34 prorate the fund to the county treasurers and shall notify the
 20 35 county auditors of the pro rata percentage on or before June
 21  1 1.
 21  2    Sec. 51.  Section 425A.7, Code Supplement 2003, is amended
 21  3 to read as follows:
 21  4    425A.7  APPORTIONMENT BY AUDITOR.
 21  5    Upon receiving the pro rata percentage from the director of
 21  6 revenue, the county auditor shall determine the amount to be
 21  7 credited to each tract of agricultural land, and shall enter
 21  8 upon tax lists as a credit against the tax levied on each
 21  9 tract of agricultural land on which there has been made an
 21 10 allowance of credit before delivering the tax lists to the
 21 11 county treasurer.  Upon receipt of the director's warrant by
 21 12 the county auditor, the auditor shall deliver the warrant to
 21 13 the county treasurer for apportionment.  The county treasurer
 21 14 shall show on each tax receipt the amount of tax credit for
 21 15 each tract of agricultural land.  In case of change of
 21 16 ownership the credit shall follow the title.
 21 17    Sec. 52.  Section 426.7, Code Supplement 2003, is amended
 21 18 to read as follows:
 21 19    426.7  WARRANTS DRAWN AUTHORIZED BY DIRECTOR.
 21 20    After receiving from the county auditors the certifications
 21 21 provided for in section 426.6, and during the following fiscal
 21 22 year, the director of revenue shall authorize the department
 21 23 of administrative services to draw warrants on the
 21 24 agricultural land credit fund created in section 426.1,
 21 25 payable to the county treasurers in the amount certified by
 21 26 the county auditors of the respective counties and mail the
 21 27 warrants to the county auditors on July 15 of each year taking
 21 28 into consideration the relative budget and cash position of
 21 29 the state resources.  However, if the agricultural land credit
 21 30 fund is insufficient to pay in full the total of the amounts
 21 31 certified to the director of revenue, the director shall
 21 32 prorate the fund to the county treasurers and notify the
 21 33 county auditors of the pro rata percentage on or before June
 21 34 15.
 21 35    Sec. 53.  Section 426.8, Code Supplement 2003, is amended
 22  1 to read as follows:
 22  2    426.8  APPORTIONMENT BY AUDITOR.
 22  3    Upon receiving the pro rata percentage from the director of
 22  4 revenue, the county auditor shall determine the amount to be
 22  5 credited to each tract of agricultural land, and shall enter
 22  6 upon tax lists as a credit against the tax levied on each
 22  7 tract of agricultural land on which there has been made an
 22  8 allowance of credit before delivering said tax lists to the
 22  9 county treasurer.  Upon receipt of the director's warrant by
 22 10 the county auditor, the auditor shall deliver said warrant to
 22 11 the county treasurer for apportionment.  The county treasurer
 22 12 shall show on each tax receipt the amount of tax credit for
 22 13 each tract of agricultural land.  In case of change of
 22 14 ownership the credit shall follow the title.
 22 15    Sec. 54.  Section 426A.4, Code Supplement 2003, is amended
 22 16 to read as follows:
 22 17    426A.4  CERTIFICATION BY DIRECTOR OF REVENUE.
 22 18    Sums distributable from the general fund of the state shall
 22 19 be allocated annually to the counties of the state.  On
 22 20 September 15 annually the director of revenue shall certify
 22 21 and the department of administrative services shall draw
 22 22 warrants to the treasurer of each county payable from the
 22 23 general fund of the state in the amount claimed.  Payments
 22 24 shall be made to the treasurer of each county not later than
 22 25 September 30 of each year.
 22 26    Sec. 55.  Section 434.22, Code Supplement 2003, is amended
 22 27 to read as follows:
 22 28    434.22  LEVY AND COLLECTION OF TAX.
 22 29    At the first meeting of the board of supervisors held after
 22 30 said statement is received by the county auditor, it the board
 22 31 shall cause the same to be entered on its minute book, and
 22 32 make and enter therein in the minute book an order stating the
 22 33 length of the main track and the assessed value of each
 22 34 railway lying in each city, township, or lesser taxing
 22 35 district in its county, through or into which said the railway
 23  1 extends, as fixed by the director of revenue, which shall
 23  2 constitute the taxable value of said the property for taxing
 23  3 purposes; and the taxes on said the property, when collected
 23  4 by the county treasurer, shall be disposed of as other taxes.
 23  5 The county auditor shall transmit a copy of said the order to
 23  6 the council or trustees of the city or township.
 23  7    Sec. 56.  Section 437.10, Code Supplement 2003, is amended
 23  8 to read as follows:
 23  9    437.10  ENTRY OF CERTIFICATE.
 23 10    At the first meeting of the board of supervisors held after
 23 11 said statements are received by the county auditor, it the
 23 12 board shall cause such statement to be entered in its minute
 23 13 book and make and enter therein in the minute book an order
 23 14 stating the length of the lines and the assessed value of the
 23 15 property of each of said the companies situated in each
 23 16 township or lesser taxing district in each county outside
 23 17 cities, as fixed by the director of revenue, which shall
 23 18 constitute the taxable value of said the property for taxing
 23 19 purposes.  The county auditor shall transmit a copy of said
 23 20 the order to the trustees of each township and to the proper
 23 21 taxing boards in lesser taxing districts into which the line
 23 22 or lines of said the company extend in the county.  The taxes
 23 23 on said the property when collected by the county treasurer
 23 24 shall be disposed of as other taxes on real estate.
 23 25    Sec. 57.  Section 438.15, Code Supplement 2003, is amended
 23 26 to read as follows:
 23 27    438.15  ASSESSED VALUE IN EACH TAXING DISTRICT – RECORD.
 23 28    At the first meeting of the board of supervisors held after
 23 29 said statement is received by the county auditor, it the board
 23 30 shall cause the same to be entered on its minute book, and
 23 31 make and enter therein in the minute book an order describing
 23 32 and stating the assessed value of each pipeline lying in each
 23 33 city, township, or lesser taxing district in its county,
 23 34 through or into which said the pipeline extends, as fixed by
 23 35 the director of revenue, which shall constitute the assessed
 24  1 value of said the property for taxing purposes; and the taxes
 24  2 on said the property, when collected by the county treasurer,
 24  3 shall be disposed of as other taxes.  The county auditor shall
 24  4 transmit a copy of said the order to the council of the city,
 24  5 or the trustees of the township, as the case may be.
 24  6    Sec. 58.  Section 441.26, unnumbered paragraph 4, Code
 24  7 Supplement 2003, is amended to read as follows:
 24  8    The assessment rolls shall be used in listing the property
 24  9 and showing the values affixed to the property of all persons
 24 10 assessed.  The rolls shall be made in duplicate.  The
 24 11 duplicate roll shall be signed by the assessor, detached from
 24 12 the original and delivered to the person assessed if there has
 24 13 been an increase or decrease in the valuation of the property.
 24 14 If there has been no change in the evaluation valuation, the
 24 15 information on the roll may be printed on computer stock paper
 24 16 and preserved as required by this chapter.  If the person
 24 17 assessed requests in writing a copy of the roll, the copy
 24 18 shall be provided to the person.  The pages of the assessor's
 24 19 assessment book shall contain columns ruled and headed for the
 24 20 information required by this chapter and that which the
 24 21 director of revenue deems essential in the equalization work
 24 22 of the director.  The assessor shall return all assessment
 24 23 rolls and schedules to the county auditor, along with the
 24 24 completed assessment book, as provided in this chapter, and
 24 25 the county auditor shall carefully keep and preserve the
 24 26 rolls, schedules and book for a period of five years from the
 24 27 time of its filing in the county auditor's office.
 24 28    Sec. 59.  Section 453A.3, subsection 1, paragraph c, Code
 24 29 2003, is amended by striking the paragraph.
 24 30    Sec. 60.  Section 453A.8, subsection 3, unnumbered
 24 31 paragraph 1, Code 2003, is amended to read as follows:
 24 32    The department may make refunds on unused stamps to the
 24 33 person who purchased the stamps at a price equal to the amount
 24 34 paid for the stamps when proof satisfactory to the department
 24 35 is furnished that any stamps upon which a refund is requested
 25  1 were properly purchased from the department and paid for by
 25  2 the person requesting the refund.  In making the refund, the
 25  3 department shall prepare a voucher showing the amount of
 25  4 refund due and to whom payable and shall authorize the
 25  5 department of administrative services to issue a warrant upon
 25  6 order of the director to pay the refund out of any funds in
 25  7 the state treasury not otherwise appropriated.
 25  8    Sec. 61.  Section 455B.105, subsections 6 and 8, Code
 25  9 Supplement 2003, are amended to read as follows:
 25 10    6.  Approve all contracts and agreements under this chapter
 25 11 and chapter 459, subchapters I, II, III, IV, and VI, between
 25 12 the department and other public or private persons or
 25 13 agencies.
 25 14    8.  Hold public hearings, except when the evidence to be
 25 15 received is confidential pursuant to this chapter, chapter 22,
 25 16 or chapter 459, subchapters I, II, III, IV, and VI, necessary
 25 17 to carry out its powers and duties.  The commission may issue
 25 18 subpoenas requiring the attendance of witnesses and the
 25 19 production of evidence pertinent to the hearings.  A subpoena
 25 20 shall be issued and enforced in the same manner as provided in
 25 21 civil actions.
 25 22    Sec. 62.  Section 455B.107, Code Supplement 2003, is
 25 23 amended to read as follows:
 25 24    455B.107  WARRANTS BY DIRECTOR OF DEPARTMENT OF
 25 25 ADMINISTRATIVE SERVICES.
 25 26    The director of the department of administrative services
 25 27 shall draw warrants on the treasurer of state for all
 25 28 disbursements authorized by the provisions of this chapter and
 25 29 chapter 459, subchapters I, II, III, IV, and VI, upon itemized
 25 30 and verified vouchers bearing the approval of the director of
 25 31 the department of natural resources.
 25 32    Sec. 63.  Section 455E.11, subsection 2, paragraph e, Code
 25 33 Supplement 2003, is amended to read as follows:
 25 34    e.  An oil overcharge account.  The oil overcharge moneys
 25 35 distributed by the United States department of energy, and
 26  1 approved for the energy related components of the groundwater
 26  2 protection strategy available through the energy conservation
 26  3 trust created in section 473.11, shall be deposited in the oil
 26  4 overcharge account as appropriated by the general assembly.
 26  5 The oil overcharge account shall be used for the following
 26  6 purposes:
 26  7    (1)  The following amounts are appropriated to the
 26  8 department of natural resources to implement its
 26  9 responsibilities pursuant to section 455E.8:
 26 10    (a)  For the fiscal year beginning July 1, 1987 and ending
 26 11 June 30, 1988, eight hundred sixty thousand dollars is
 26 12 appropriated.
 26 13    (b)  For the fiscal year beginning July 1, 1988 and ending
 26 14 June 30, 1989, six hundred fifty thousand dollars is
 26 15 appropriated.
 26 16    (c)  For the fiscal year beginning July 1, 1989 and ending
 26 17 June 30, 1990, six hundred thousand dollars is appropriated.
 26 18    (d)  For the fiscal year beginning July 1, 1990 and ending
 26 19 June 30, 1991, five hundred thousand dollars is appropriated.
 26 20    (e)  For the fiscal year beginning July 1, 1991 and ending
 26 21 June 30, 1992, five hundred thousand dollars is appropriated.
 26 22    (2)  For the fiscal year beginning July 1, 1987 and ending
 26 23 June 30, 1988, five hundred sixty thousand dollars is
 26 24 appropriated to the department of natural resources for
 26 25 assessing rural, private water supply quality.
 26 26    (3)  For the fiscal period beginning July 1, 1987 and
 26 27 ending June 30, 1989, one hundred thousand dollars is
 26 28 appropriated annually to the department of natural resources
 26 29 for the administration of a groundwater monitoring program at
 26 30 sanitary landfills.
 26 31    (4)  The following amounts are appropriated to the Iowa
 26 32 state water resources research institute to provide
 26 33 competitive grants to colleges, universities, and private
 26 34 institutions within the state for the development of research
 26 35 and education programs regarding alternative disposal methods
 27  1 and groundwater protection:
 27  2    (a)  For the fiscal year beginning July 1, 1987 and ending
 27  3 June 30, 1988, one hundred twenty thousand dollars is
 27  4 appropriated.
 27  5    (b)  For the fiscal year beginning July 1, 1988 and ending
 27  6 June 30, 1989, one hundred thousand dollars is appropriated.
 27  7    (c)  For the fiscal year beginning July 1, 1989 and ending
 27  8 June 30, 1990, one hundred thousand dollars is appropriated.
 27  9    (5)  The following amounts are appropriated to the
 27 10 department of natural resources to develop and implement
 27 11 demonstration projects for landfill alternatives to solid
 27 12 waste disposal, including recycling programs:
 27 13    (a)  For the fiscal year beginning July 1, 1987 and ending
 27 14 June 30, 1988, seven hundred sixty thousand dollars is
 27 15 appropriated.
 27 16    (b)  For the fiscal year beginning July 1, 1988 and ending
 27 17 June 30, 1989, eight hundred fifty thousand dollars is
 27 18 appropriated.
 27 19    (6)  For the fiscal period beginning July 1, 1987 and
 27 20 ending June 30, 1988, eight hundred thousand dollars is
 27 21 appropriated to the Leopold center for sustainable
 27 22 agriculture.
 27 23    (7)  Seven million five hundred thousand dollars is
 27 24 appropriated to the agriculture energy management fund created
 27 25 under chapter 161B for the fiscal period beginning July 1,
 27 26 1987 and ending June 30, 1992, to develop nonregulatory
 27 27 programs to implement integrated farm management of farm
 27 28 chemicals for environmental protection, energy conservation,
 27 29 and farm profitability; interactive public and farmer
 27 30 education; and applied studies on best management practices
 27 31 and best appropriate technology for chemical use efficiency
 27 32 and reduction.
 27 33    (8)  The following amounts are appropriated to the
 27 34 department of natural resources to continue the Big Spring
 27 35 demonstration project in Clayton county.
 28  1    (a)  For the fiscal period beginning July 1, 1987 and
 28  2 ending June 30, 1990, seven hundred thousand dollars is
 28  3 appropriated annually.
 28  4    (b)  For the fiscal period beginning July 1, 1990 and
 28  5 ending June 30, 1992, five hundred thousand dollars is
 28  6 appropriated annually.
 28  7    (9)  For the fiscal period beginning July 1, 1987 and
 28  8 ending June 30, 1990, one hundred thousand dollars is
 28  9 appropriated annually to the department of agriculture and
 28 10 land stewardship to implement a targeted education program on
 28 11 best management practices and technologies for the mitigation
 28 12 of groundwater contamination from or closure of agricultural
 28 13 drainage wells, abandoned wells, and sinkholes.
 28 14    Sec. 64.  Section 455G.5, unnumbered paragraph 2, Code
 28 15 Supplement 2003, is amended to read as follows:
 28 16    The board may enter into a contract or an agreement
 28 17 authorized under chapter 28E with a private agency or person,
 28 18 the department of natural resources, the Iowa finance
 28 19 authority, the department of administrative services, the
 28 20 department of revenue, other departments, agencies, or
 28 21 governmental subdivisions of this state, another state, or the
 28 22 United States, in connection with its administration and
 28 23 implementation of this chapter or chapter 424 or 455B.
 28 24    Sec. 65.  Section 456A.16, unnumbered paragraph 7, Code
 28 25 Supplement 2003, is amended to read as follows:
 28 26    The department shall adopt rules to implement this section.
 28 27 However, before a checkoff pursuant to this section shall be
 28 28 permitted, all liabilities on the books of the department of
 28 29 revenue administrative services and accounts identified as
 28 30 owing under section 421.17 8A.504 and the political
 28 31 contribution allowed under section 68A.601 shall be satisfied.
 28 32    Sec. 66.  Section 476.53, subsection 4, paragraph b, Code
 28 33 Supplement 2003, is amended to read as follows:
 28 34    b.  In determining the applicable ratemaking principles,
 28 35 the board shall not be limited to traditional ratemaking
 29  1 principles or traditional cost recovery mechanisms.  Among the
 29  2 principles and mechanisms the board may consider, the board
 29  3 has the authority to approve ratemaking principles proposed by
 29  4 a rate-regulated public utility that provide for reasonable
 29  5 restrictions upon the ability of the public utility to seek a
 29  6 general increase in electric rates under section 476.6 for at
 29  7 least three years after the generation generating facility
 29  8 begins providing service to Iowa customers.
 29  9    Sec. 67.  Section 483A.24A, subsection 2, paragraph c, Code
 29 10 Supplement 2003, is amended to read as follows:
 29 11    c.  "Public institution" means a state institution listed
 29 12 under section 904.102, subsections 1 through 10, that is
 29 13 administered by the department of corrections.
 29 14    Sec. 68.  Section 501.407, subsection 2, paragraph b, Code
 29 15 Supplement 2003, is amended to read as follows:
 29 16    b.  An intentional infliction of harm on the corporation
 29 17 cooperative or its shareholders members.
 29 18    Sec. 69.  Section 508.38, subsection 11, Code Supplement
 29 19 2003, is amended to read as follows:
 29 20    11.  After July 1, 2003, a company may elect either to
 29 21 apply the provisions of this section as it existed prior to
 29 22 July 1, 2003, or to apply the provisions of this section as
 29 23 enacted amended by 2003 Acts, ch 91, } 8–10, to annuity
 29 24 contracts on a contract form-by-form basis before the second
 29 25 anniversary of the effective date of 2003 Acts, ch 91, } 8–10
 29 26 July 1, 2005.  In all other instances, this section shall
 29 27 become operative with respect to annuity contracts issued by
 29 28 the company two years after July 1, 2003.
 29 29    Sec. 70.  Section 510.6, subsections 6 and 7, Code 2003,
 29 30 are amended to read as follows:
 29 31    6.  An insurer shall review its books and records each
 29 32 quarter and determine if any insurance producer, as defined by
 29 33 section 510A.2, has become, by operation of section 510.1B,
 29 34 subsection 4, a managing general agent as defined in that
 29 35 section.  If the insurer determines that a an insurance
 30  1 producer has become a managing general agent by operation of
 30  2 section 510.1B, subsection 4, the insurer shall promptly
 30  3 notify the insurance producer and the commissioner of such
 30  4 determination and the insurer and insurance producer shall
 30  5 fully comply with the provisions of this chapter within thirty
 30  6 days.
 30  7    7.  An insurer shall not appoint to its board of directors
 30  8 an officer, director, employee, insurance producer, or
 30  9 controlling shareholder of a managing general agent of the
 30 10 insurer.  This subsection shall not apply to relationships
 30 11 governed by chapter 521A relating to the regulation of
 30 12 insurance company holding systems, or, if applicable, by
 30 13 chapter 510A relating to the regulation of insurance producer
 30 14 controlled property and casualty insurers.
 30 15    Sec. 71.  Section 510A.4, subsection 1, paragraph b,
 30 16 subparagraph (2), Code Supplement 2003, is amended to read as
 30 17 follows:
 30 18    (2)  The controlled insurer, except for insurance business
 30 19 written through a residual market facility, accepts insurance
 30 20 business only from the controlling producer, a an insurance
 30 21 producer controlled by the controlled insurer, or an insurance
 30 22 producer that is a subsidiary of the controlled insurer.
 30 23    Sec. 72.  Section 514B.12, unnumbered paragraph 1, Code
 30 24 Supplement 2003, is amended to read as follows:
 30 25    A health maintenance organization shall annually on or
 30 26 before the first day of March file with the commissioner or a
 30 27 depository designated by the commissioner a report verified by
 30 28 at least two of its the principal officers of the health
 30 29 maintenance organization and covering the preceding calendar
 30 30 year.  The report shall be on forms prescribed by the
 30 31 commissioner and shall include:
 30 32    Sec. 73.  Section 515F.32, subsection 3, Code Supplement
 30 33 2003, is amended to read as follows:
 30 34    3.  "Plan" "FAIR plan" means the FAIR plan to assure fair
 30 35 access to insurance requirements established pursuant to
 31  1 section 515F.33.
 31  2    Sec. 74.  Section 515F.36, subsection 1, Code Supplement
 31  3 2003, is amended to read as follows:
 31  4    1.  A governing committee shall administer the FAIR plan,
 31  5 subject to the supervision of the commissioner, and.  The FAIR
 31  6 plan shall be operated by a manager appointed by the
 31  7 committee.
 31  8    Sec. 75.  Section 533C.201, subsection 1, Code Supplement
 31  9 2003, is amended to read as follows:
 31 10    1.  A person shall not engage in the business of money
 31 11 transmission or advertise, solicit, or hold itself out as
 31 12 providing money transmission unless the person:
 31 13    a.  Is licensed under this article.; or
 31 14    b.  Is an authorized delegate of a person licensed under
 31 15 this article.
 31 16    Sec. 76.  Section 533C.303, subsection 4, Code Supplement
 31 17 2003, is amended to read as follows:
 31 18    4.  An applicant whose application who is denied a license
 31 19 by the superintendent under this article may appeal, within
 31 20 thirty days after receipt of the notice of the denial, from
 31 21 the denial and request a hearing.  The denial of a license
 31 22 shall not be deemed a contested case under chapter 17A.
 31 23    Sec. 77.  Section 533C.503, subsection 3, paragraphs e and
 31 24 f, Code Supplement 2003, are amended to read as follows:
 31 25    e.  A charge filed against or conviction of the licensee or
 31 26 of an executive officer, manager, or director of, or person in
 31 27 control of, the licensee for a felony.
 31 28    f.  A charge filed against or conviction of an authorized
 31 29 delegate for a felony.
 31 30    Sec. 78.  Section 533C.505, subsection 3, Code Supplement
 31 31 2003, is amended to read as follows:
 31 32    3.  Records may be maintained outside this state if they
 31 33 are made accessible to within seven business days of receipt
 31 34 of a written request from the superintendent on seven
 31 35 business-days' notice that is sent in a record.
 32  1    Sec. 79.  Section 533C.703, subsection 3, Code Supplement
 32  2 2003, is amended to read as follows:
 32  3    3.  An Once the superintendent has commenced an
 32  4 administrative proceeding pursuant to section 533C.701 or
 32  5 533C.702, an order to cease and desist remains effective and
 32  6 enforceable pending the completion of an administrative the
 32  7 proceeding pursuant to section 533C.701 or 533C.702.
 32  8    Sec. 80.  Section 562B.25, subsection 3, Code 2003, is
 32  9 amended to read as follows:
 32 10    3.  Except as otherwise provided in this chapter, the
 32 11 landlord may recover damages, obtain injunctive relief or
 32 12 recover possession of the mobile home space pursuant to an
 32 13 action in forcible entry and detainer under chapter 648 for
 32 14 any material noncompliance by the tenant with the rental
 32 15 agreement or with section 562B.18.
 32 16    Sec. 81.  Section 602.6305, subsection 1, Code Supplement
 32 17 2003, is amended to read as follows:
 32 18    1.  District associate judges shall serve initial terms and
 32 19 shall stand for retention in office within the judicial
 32 20 election districts of their residences at the judicial
 32 21 election in 1982 and every six years thereafter, under
 32 22 sections 46.17 to 46.16 through 46.24.
 32 23    Sec. 82.  Section 602.8107, subsection 4, unnumbered
 32 24 paragraph 2, Code Supplement 2003, is amended to read as
 32 25 follows:
 32 26    This subsection does not apply to amounts collected for
 32 27 victim restitution, the victim compensation fund, criminal
 32 28 penalty surcharge, law enforcement initiative surcharge,
 32 29 amounts collected as a result of procedures initiated under
 32 30 subsection 5 or under section 8A.504, or sheriff's room and
 32 31 board fees charged pursuant to section 356.7.
 32 32    Sec. 83.  Section 631.4, subsection 2, paragraphs a and d,
 32 33 Code 2003, are amended to read as follows:
 32 34    a.  In an action for the forcible entry or detention of
 32 35 real property and detainer under chapter 648, the clerk shall
 33  1 set a date, time and place for hearing, and shall cause
 33  2 service as provided in this subsection.
 33  3    d.  If personal service cannot be made upon each defendant
 33  4 in an action for forcible entry or detention of real property
 33  5 and detainer joined with an action for rent or recovery
 33  6 pursuant to section 648.19, service may be made pursuant to
 33  7 paragraph "c".
 33  8    Sec. 84.  Section 631.5, unnumbered paragraph 1, Code
 33  9 Supplement 2003, is amended to read as follows:
 33 10    This section applies to all small claims except actions for
 33 11 forcible entry or detention of real property and detainer
 33 12 pursuant to chapter 648 and actions for abandonment of mobile
 33 13 homes or personal property pursuant to chapter 555B.
 33 14    Sec. 85.  Section 648.1, unnumbered paragraph 1, Code 2003,
 33 15 is amended to read as follows:
 33 16    A summary remedy for forcible entry or detention of real
 33 17 property and detainer is allowable:
 33 18    Sec. 86.  Section 648.5, Code 2003, is amended to read as
 33 19 follows:
 33 20    648.5  JURISDICTION – HEARING – PERSONAL SERVICE.
 33 21    The court within the county shall have jurisdiction of
 33 22 actions for the forcible entry or detention of real property
 33 23 and detainer.  They shall be tried as equitable actions.
 33 24 Unless commenced as a small claim, a petition shall be
 33 25 presented to a district court judge.  Upon receipt of the
 33 26 petition, the court shall order a hearing which shall not be
 33 27 later than seven days from the date of the order.  Personal
 33 28 service shall be made upon the defendant not less than three
 33 29 days prior to the hearing.  In the event that personal service
 33 30 cannot be completed in time to give the defendant the minimum
 33 31 notice required by this section, the court may set a new
 33 32 hearing date.  A default cannot be made upon a defendant
 33 33 unless the three days' notice has been given.
 33 34    Sec. 87.  Section 648.10, Code 2003, is amended to read as
 33 35 follows:
 34  1    648.10  SERVICE BY PUBLICATION.
 34  2    Notwithstanding the requirements of section 648.5, service
 34  3 may be made by publishing such notice for one week in a
 34  4 newspaper of general circulation published in the county where
 34  5 the petition is filed, provided the petitioner files with the
 34  6 court an affidavit stating that an attempt at personal service
 34  7 made by the sheriff was unsuccessful because the defendant is
 34  8 avoiding service by concealment or otherwise, and that a copy
 34  9 of the petition and notice of hearing has been mailed to the
 34 10 defendant at the defendant's last known address or that the
 34 11 defendant's last known address is not known to the petitioner.
 34 12 Service under this section is complete seven days after
 34 13 publication.  The court shall set a new hearing date if
 34 14 necessary to allow the defendant the five-day three-day
 34 15 minimum notice required under section 648.5.
 34 16    Sec. 88.  Section 669.14, subsection 11, unnumbered
 34 17 paragraph 1, Code Supplement 2003, is amended to read as
 34 18 follows:
 34 19    Any claim for financial loss based upon an act or omission
 34 20 in financial regulation, including but not limited to
 34 21 examinations, inspections, audits, or other financial
 34 22 oversight responsibilities, pursuant to chapter 486, Code
 34 23 1999, and chapters 87, 203, 203C, 203D, 421B, 486, 486A, 487,
 34 24 and 490 through 553, excluding chapters 540A, 542, 542B, 543B,
 34 25 543C, 543D, 544A, and 544B.
 34 26    Sec. 89.  Section 805.8A, subsection 12, paragraphs b and
 34 27 c, Code Supplement 2003, are amended to read as follows:
 34 28    b.  For height, weight, length, width, load violations, and
 34 29 towed vehicle violations under section 321.437, the scheduled
 34 30 fine is twenty-five dollars.
 34 31    c.  For height, length, width, and load violations under
 34 32 sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
 34 33 scheduled fine is one hundred dollars.
 34 34    Sec. 90.  Section 901.4, Code Supplement 2003, is amended
 34 35 to read as follows:
 35  1    901.4  PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL –
 35  2 DISTRIBUTION.
 35  3    The presentence investigation report is confidential and
 35  4 the court shall provide safeguards to ensure its
 35  5 confidentiality, including but not limited to sealing the
 35  6 report, which may be opened only by further court order.  At
 35  7 least three days prior to the date set for sentencing, the
 35  8 court shall serve all of the presentence investigation report
 35  9 upon the defendant's attorney and the attorney for the state,
 35 10 and the report shall remain confidential except upon court
 35 11 order.  However, the court may conceal the identity of the
 35 12 person who provided confidential information.  The report of a
 35 13 medical examination or psychological or psychiatric evaluation
 35 14 shall be made available to the attorney for the state and to
 35 15 the defendant upon request.  The reports are part of the
 35 16 record but shall be sealed and opened only on order of the
 35 17 court.  If the defendant is committed to the custody of the
 35 18 Iowa department of corrections and is not a class "A" felon, a
 35 19 copy of the presentence investigation report shall be
 35 20 forwarded to the director with the order of commitment by the
 35 21 clerk of the district court and to the board of parole at the
 35 22 time of commitment.  Pursuant to section 904.602, the
 35 23 presentence investigation report may also be released by the
 35 24 department of corrections or a judicial district department of
 35 25 correctional services to another jurisdiction for the purpose
 35 26 of providing interstate probation and parole compact or
 35 27 interstate compact for adult offender supervision services or
 35 28 evaluations, or to a substance abuse or mental health services
 35 29 provider when referring a defendant for services.  The
 35 30 defendant or the defendant's attorney may file with the
 35 31 presentence investigation report, a denial or refutation of
 35 32 the allegations, or both, contained in the report.  The denial
 35 33 or refutation shall be included in the report.  If the person
 35 34 is sentenced for an offense which requires registration under
 35 35 chapter 692A, the court shall release the report to the
 36  1 department which is responsible under section 692A.13A for
 36  2 performing the assessment of risk.
 36  3    Sec. 91.  Section 901.5, subsection 7A, paragraph d, Code
 36  4 Supplement 2003, is amended to read as follows:
 36  5    d.  Violation of a no-contact order issued under this
 36  6 section subsection is punishable by summary contempt
 36  7 proceedings.  A hearing in a contempt proceeding brought
 36  8 pursuant to this subsection shall be held not less than five
 36  9 days and not more than fifteen days after the issuance of a
 36 10 rule to show cause, as set by the court, unless the defendant
 36 11 is already in custody at the time of the alleged violation in
 36 12 which case the hearing shall be held not less than five days
 36 13 and not more than forty-five days after the issuance of the
 36 14 rule to show cause.
 36 15    Sec. 92.  Section 904.117, Code Supplement 2003, is amended
 36 16 to read as follows:
 36 17    904.117  INTERSTATE COMPACT FUND.
 36 18    An interstate compact fund is established under the control
 36 19 of the department.  All interstate compact fees collected by
 36 20 the department pursuant to section 907B.5 907B.4 shall be
 36 21 deposited into the fund and the moneys shall be used by the
 36 22 department to offset the costs of complying with the
 36 23 interstate compact for adult offender supervision in chapter
 36 24 907B.  Notwithstanding section 8.33, moneys remaining in the
 36 25 fund at the end of a fiscal year shall not revert to the
 36 26 general fund of the state.  Notwithstanding section 12C.7,
 36 27 interest and earnings deposited in the fund shall be credited
 36 28 to the fund.
 36 29    Sec. 93.  Sections 335.31, 414.29, and 455B.151, Code 2003,
 36 30 are repealed.
 36 31    Sec. 94.  2003 Iowa Acts, chapter 180, section 24, enacting
 36 32 section 273.22, subsection 4A, is amended to read as follows:
 36 33    4A.  Not later than fifteen days after the state board
 36 34 notifies an area education agency of its approval of the area
 36 35 education agency's reorganization plan or dissolution
 37  1 proposal, the area education agency shall notify, by certified
 37  2 mail, the school districts located within the area education
 37  3 agency boundaries, the school districts and area education
 37  4 agencies that are contiguous to its boundaries, and any other
 37  5 school district under contract with the area education agency,
 37  6 of the state board's approval of the plan or proposal, and
 37  7 shall provide the department of education with a copy of any
 37  8 notice sent in accordance with this subsection.  A petition to
 37  9 join an area education agency or for release from a contract
 37 10 with an area education agency, in accordance with subsections
 37 11 4, 6 5, and 7 6, shall be filed not later than forty-five days
 37 12 after the state board approves a reorganization plan or
 37 13 dissolution proposal in accordance with this chapter.
 37 14    Sec. 95.  2003 Iowa Acts, chapter 180, section 28, amending
 37 15 section 273.23, subsection 11, Code 2003, is amended to read
 37 16 as follows:
 37 17    11.  Unless the reorganization of an area education agency
 37 18 takes effect less than two years before the taking of the next
 37 19 federal decennial census, a newly formed area education agency
 37 20 shall, within one year of the effective date of the
 37 21 reorganization, redraw the boundary lines of director
 37 22 districts in the area education agency if a petition filed by
 37 23 a school district to join the newly formed area education
 37 24 agency, or for release from the newly formed area education
 37 25 agency, in accordance with section 273.22, subsections 4, 5,
 37 26 and 6, and 7, was approved.  Until the boundaries are redrawn,
 37 27 the boundaries for the newly formed area education agency
 37 28 shall be as provided in the reorganization plan approved by
 37 29 the state board in accordance with section 273.21.
 37 30    Sec. 96.  2003 Iowa Acts, chapter 145, section 286,
 37 31 subsection 3, is amended by adding the following new
 37 32 paragraph:
 37 33    NEW PARAGRAPH.  c.  Notwithstanding the provisions of this
 37 34 subsection to the contrary, section 12.8, Code 2003, is
 37 35 amended by striking from the section the words "division of
 38  1 the department of personnel".
 38  2    Sec. 97.  2003 Iowa Acts, chapter 151, section 65, is
 38  3 amended to read as follows:
 38  4    SEC. 65.  RETENTION OF JUDGES.  The amendments in this Act
 38  5 to section 46.16, subsections 2 and 3, and section 602.6305,
 38  6 subsection 1, apply to elections for retaining a judge
 38  7 occurring after the effective date of this Act.
 38  8    Sec. 98.  2003 Iowa Acts, chapter 179, is amended by adding
 38  9 the following new section:
 38 10    NEW SECTION.  SEC. 47A.  DELAYED EFFECTIVE DATE.  Section
 38 11 31 of this division of this Act takes effect July 1, 2004.
 38 12    Sec. 99.  2003 Iowa Acts, First Extraordinary Session,
 38 13 chapter 1, section 114, is amended to read as follows:
 38 14    SEC. 114.  The divisions of this Act designated the grow
 38 15 Iowa values board and fund, the value-added agricultural
 38 16 products and processes financial assistance program, the endow
 38 17 Iowa grants, the technology transfer advisors
 38 18 commercialization of research issues, the Iowa economic
 38 19 development loan and credit guarantee fund, the economic
 38 20 development assistance and data collection, the cultural and
 38 21 entertainment districts, the workforce issues, and the
 38 22 university-based research utilization program, are repealed
 38 23 effective June 30, 2010.
 38 24    Sec. 100.  EFFECTIVE DATES AND APPLICABILITY.
 38 25    1.  The sections of this Act amending sections 273.22 and
 38 26 273.23, as enacted by 2003 Iowa Acts, chapter 180, sections 24
 38 27 and 28, being deemed of immediate importance, take effect upon
 38 28 enactment and apply retroactively to July 1, 2003.
 38 29    2.  The section of this Act amending 2003 Iowa Acts,
 38 30 chapter 145, section 286, being deemed of immediate
 38 31 importance, takes effect upon enactment and is retroactively
 38 32 applicable to July 1, 2003, and is applicable on and after
 38 33 that date.
 38 34    3.  The section of this Act amending 2003 Iowa Acts,
 38 35 chapter 151, section 65, being deemed of immediate importance,
 39  1 takes effect upon enactment.
 39  2    4.  The section of this Act adding a new section to 2003
 39  3 Iowa Acts, chapter 179, being deemed of immediate importance,
 39  4 takes effect upon enactment.  
 39  5                           EXPLANATION
 39  6    This bill contains statutory corrections that adjust
 39  7 language to reflect current practices, insert earlier
 39  8 omissions, delete redundancies and inaccuracies, delete
 39  9 temporary language, resolve inconsistencies and conflicts,
 39 10 update ongoing provisions, or remove ambiguities.  The Code
 39 11 sections amended include all of the following:
 39 12    Code section 2A.8:  Eliminates language exempting sales of
 39 13 items and provision of services by the legislative services
 39 14 agency from the sales tax.  Duplicative language was added to
 39 15 the list of exemptions from the sales tax in Code section
 39 16 423.3 by 2003 Iowa Acts, First Extraordinary Session, chapter
 39 17 2, section 96, effective July 1, 2004.
 39 18    Code section 3.1:  Deletes language requiring the Code
 39 19 editor to supply numerals in the Iowa Acts to statutory
 39 20 references in legislation if the numerals are omitted.  1984
 39 21 Acts, chapter 1067, struck references to the expression of
 39 22 statutory references in words but inadvertently failed to
 39 23 delete this reference to the numerals.
 39 24    Code section 8A.221:  Substitutes "council" for "board" to
 39 25 accurately refer to the IowAccess advisory council established
 39 26 in the Code section.
 39 27    Code sections 8A.302, 8A.321, and 8A.322:  In provisions
 39 28 relating to maintenance and management of, and provision of
 39 29 services for, certain state buildings and grounds, the bill
 39 30 clarifies that the state laboratories facility in Ankeny is
 39 31 not located at the seat of government.
 39 32    Code sections 8A.311 and 23A.2:  Strikes provisions
 39 33 relating to the Iowa technology center, which was dissolved on
 39 34 September 30, 2003.
 39 35    Code section 8A.315:  Eliminates the gradual increase in
 40  1 the percentage of garbage can liners purchased by the
 40  2 department of administrative services required to contain
 40  3 recycled content.  The provision was originally enacted in
 40  4 Code section 18.18 in 1998 and therefore the goal percentage
 40  5 of 50 percent for purchases of recycled content garbage can
 40  6 liners has already been achieved.
 40  7    Code section 8A.412:  Changes references from "this
 40  8 chapter" to "this subchapter" to agree with the enactment of
 40  9 former Code chapter 19A text in new Code chapter 8A,
 40 10 subchapter IV, in 2003 legislation.
 40 11    Code section 10C.1:  Replaces a reference to the definition
 40 12 of "agricultural commodity", which was eliminated from Code
 40 13 section 190C.1 in 2003, with the text of the definition prior
 40 14 to its elimination.  The bill also substitutes "agricultural
 40 15 commodity" for "commodity" in several places as "agricultural
 40 16 commodity" is the defined term.
 40 17    Code section 12B.3:  Changes a reference from the
 40 18 department of revenue to the department of administrative
 40 19 services to reflect that the department of administrative
 40 20 services provides the warrants referenced in the section.
 40 21    Code section 15.313:  Strikes a reference to the
 40 22 microenterprise development revolving fund.  The fund,
 40 23 contained in former Code section 15.240, was eliminated by
 40 24 2001 Acts, chapter 61, section 19.
 40 25    Code section 68A.602:  Provides that the director of the
 40 26 department of administrative services, and not revenue, is
 40 27 responsible for issuing payment of warrants from the Iowa
 40 28 election campaign fund.
 40 29    Code section 97A.8:  Changes the reference from the
 40 30 department of revenue to the department of administrative
 40 31 services to reflect that the department of administrative
 40 32 services is responsible for forwarding contributions made to
 40 33 the peace officers' retirement system.
 40 34    Code section 97B.50:  Eliminates unnecessary language as
 40 35 the contingency referenced in the deleted sentence, approval
 41  1 by the federal Internal Revenue Service as to IPERS qualified
 41  2 status, has occurred.
 41  3    Code section 97B.50A:  Changes language from "system" to
 41  4 "retirement system" in the section to accurately reflect that
 41  5 the references are to the IPERS retirement plan, and not IPERS
 41  6 as an organization.
 41  7    Code section 99G.8, subsection 11:  Changes reference from
 41  8 "president" to "chief executive officer" to reflect that chief
 41  9 executive officer of the Iowa lottery authority is probably
 41 10 intended.
 41 11    Code section 99G.31:  Clarifies and corrects language to
 41 12 provide that the awarding of a prize by the lottery is to a
 41 13 holder of a ticket, not the ticket itself, and that the prize
 41 14 shall be awarded to a person as provided by the section.
 41 15    Code section 99G.34:  Adds an internal reference to the
 41 16 records provisions in Code section 99G.35.
 41 17    Code section 147.107:  Strikes language relating to the
 41 18 physician assistant rules review group to conform to the
 41 19 repeal of Code section 148C.7, establishing that rules review
 41 20 group, by 2003 Acts, chapter 93.
 41 21    Code section 148C.1:  Strikes language in a definition
 41 22 specifying that a physician assistant's supervising physician
 41 23 be listed in the physician assistant's license.  This
 41 24 requirement was eliminated by the rewrite of the physician
 41 25 assistant licensure provisions in 2003 Acts, chapter 93.
 41 26    Code section 148C.3:  Substitutes "the physician
 41 27 assistant's" for "their" to clarify that a physician assistant
 41 28 is required to notify the board of physician assistant
 41 29 examiners of the identity of the physician assistant's
 41 30 supervisory physician.
 41 31    Code section 159.34:  Substitutes a reference to Code
 41 32 section 8A.106 for a reference to Code section 14B.202.  Code
 41 33 chapter 14B was repealed in 2003 legislation.  The provisions
 41 34 of former Code section 14B.202 were essentially reenacted in
 41 35 Code section 8A.106, except for a provision governing fees for
 42  1 persons who contract to disseminate public records on behalf
 42  2 of a government agency.
 42  3    Code section 161C.7:  Strikes an outdated provision
 42  4 relating to the establishment of a watershed protection task
 42  5 force which was to submit recommendations to the department of
 42  6 agriculture and land stewardship by January 1 of each year
 42  7 through January 1, 2001.
 42  8    Code section 163.30:  Deletes a comma in the definition of
 42  9 swine "dealer" to clarify that the clause relating to selling
 42 10 or exchanging swine kept by the person solely for feeding or
 42 11 breeding purposes does not apply to the clause excluding
 42 12 certain owners and operators of farms from the definition.
 42 13    Code section 232.95:  Reenacts two lettered paragraphs that
 42 14 were inadvertently dropped from the Code base during
 42 15 implementation of changes from 2001 Acts, chapter 135.
 42 16 Language identical to these paragraphs was contained in
 42 17 subsection 2 of this section in the 2001 Code.
 42 18    Code section 232B.10:  Corrects a reference to "this
 42 19 section" to read "this chapter" in a provision defining
 42 20 "qualified expert witness" in the Indian child welfare Act.
 42 21    Code section 257.26:  Changes reference from the director
 42 22 of revenue to the director of the department of administrative
 42 23 services to reflect that the director of the department of
 42 24 administrative services draws warrants.
 42 25    Code section 260G.4B:  Eliminates language relating to the
 42 26 specifics of a study conducted by the department of economic
 42 27 development, which study's findings and recommendations were
 42 28 to be submitted to the general assembly by December 31, 2002.
 42 29    Code sections 282.33 and 301.1:  Changes a departmental
 42 30 reference from the department of revenue to the department of
 42 31 administrative services to reflect that the department of
 42 32 administrative services is responsible for the duties
 42 33 described in these Code sections.
 42 34    Code section 304A.29:  Rewrites the section to enhance
 42 35 readability and to reflect that only one department, the
 43  1 department of administrative services, is responsible for both
 43  2 reviewing and paying claims.
 43  3    Code section 321.91:  Reverses part of a change made to
 43  4 subsection 2 of this Code section by 2001 Acts, chapter 137,
 43  5 and returns that portion of the text to the language found at
 43  6 this location in the 1999 Code.  The 2001 legislation
 43  7 inadvertently deleted the language defining the crime when the
 43  8 language was changed to specify where the penalty for
 43  9 violating the section could be found.
 43 10    Code section 321.210B:  Changes a departmental reference
 43 11 from the department of administrative services to the
 43 12 department of revenue to reflect that the department of
 43 13 revenue remains responsible for the driver's license
 43 14 indebtedness clearance pilot project.
 43 15    Code section 331.304:  Adds manufactured homes to language
 43 16 relating to county legislation regulating mobile homes to
 43 17 conform the provision to otherwise identical language in Code
 43 18 section 364.3, subsection 5, relating to the power of cities
 43 19 to adopt the same kind of legislation.
 43 20    Code section 331.559:  Clarifies that the county treasurer
 43 21 is required to determine and collect taxes on manufactured
 43 22 homes, in addition to determining and collecting taxes on
 43 23 mobile homes.
 43 24    Code section 331.602:  Conforms language in Code subsection
 43 25 29 to the changes made in the procedures for documenting the
 43 26 name and descriptions of farms by 2003 Acts, chapter 5.
 43 27    Code section 331.756:  Substitutes "department of
 43 28 corrections" for "division of corrections of the department of
 43 29 human services" in a provision requiring the county attorney
 43 30 to present to the grand jury a copy of the county jail
 43 31 inspection report.  Jail inspections were transferred to the
 43 32 department of corrections in 1983.
 43 33    Code section 356.7:  Substitutes "reimbursement claim" for
 43 34 "room and board reimbursement claim" to agree with the 2003
 43 35 addition of certain administrative costs to the list of items
 44  1 for which certain prisoners may be charged.
 44  2    Code section 368.4:  Clarifies that publishing of a notice
 44  3 of hearing on an annexing moratorium agreement shall be in an
 44  4 official county newspaper in any county within two miles of a
 44  5 city conducting a hearing on an agreement.
 44  6    Code section 368.26:  Clarifies that the definition of
 44  7 "county legislation" applies only to the Code section.
 44  8    Code section 372.4:  Specifies that the provision relating
 44  9 to a city council's proposal to reduce the number of council
 44 10 members to three applies to a city having a population of
 44 11 "five hundred or more, but not more than five thousand",
 44 12 rather than "between five hundred and five thousand".
 44 13    Code section 422.12D:  Changes a departmental reference
 44 14 from the department of revenue to the department of
 44 15 administrative services, and a Code reference, to reflect that
 44 16 the department of administrative services is responsible for
 44 17 the set-off duties described in this section.
 44 18    Code section 422.16:  Changes a departmental reference from
 44 19 the department of revenue to the department of administrative
 44 20 services to reflect that the department of administrative
 44 21 services is responsible for the duties described in this
 44 22 section.
 44 23    Code section 422.35:  Substitutes "political subdivisions"
 44 24 for "political divisions" in a provision providing for the
 44 25 inclusion of income from the sale of obligations of the state
 44 26 and its political subdivisions in computing the net income of
 44 27 a corporation.
 44 28    Code section 422.70:  Provides that the department of
 44 29 administrative services, and not the director of revenue, is
 44 30 responsible for paying warrants for costs certified by the
 44 31 director of revenue.
 44 32    Code section 425.23:  Provides that the director of the
 44 33 department of administrative services, and not the director of
 44 34 revenue, is responsible for paying warrants as described in
 44 35 this section.
 45  1    Code sections 425A.6 and 425A.7:  Provides that the
 45  2 department of administrative services, and not the director of
 45  3 the department of revenue, is responsible for paying warrants
 45  4 on the family farm tax credit fund as authorized by the
 45  5 director of revenue.
 45  6    Code sections 426.7 and 426.8:  Provides that the
 45  7 department of administrative services, and not the director of
 45  8 revenue, is responsible for paying warrants on the
 45  9 agricultural land credit fund as authorized by the director of
 45 10 revenue.
 45 11    Code section 426A.4:  Provides that the department of
 45 12 administrative services, and not the director of revenue, is
 45 13 responsible for paying warrants on claims certified by the
 45 14 director of revenue.
 45 15    Code sections 434.22, 437.10, and 438.15:  Specifies that
 45 16 the county board of supervisors is required to cause the
 45 17 various items to be entered on its minute book.  The bill also
 45 18 makes various grammatical corrections throughout the Code
 45 19 sections.
 45 20    Code section 441.26:  Substitutes the term "valuation" for
 45 21 "evaluation" to agree with other uses of the term in the Code
 45 22 section.
 45 23    Code section 453A.3:  Eliminates a provision providing a
 45 24 criminal penalty for violations of Code section 453A.39, which
 45 25 related to restrictions on tobacco product and cigarette
 45 26 samples and was repealed in 2000 legislation.
 45 27    Code section 453A.8:  Provides that the department of
 45 28 administrative services, and not the director of revenue, is
 45 29 responsible for paying warrants for refunds on unused
 45 30 cigarette tax stamps as authorized by the director of revenue.
 45 31    Code section 455B.105:  Corrects a reference to Code
 45 32 chapter 459.  This change is identical to a reference change
 45 33 made in subsection 3 of this section by 2003 Acts, chapter 44,
 45 34 section 65, and similar changes to references to provisions
 45 35 transferred from Code chapter 455B to Code chapter 459
 46  1 pursuant to a directive from 2002 Acts, chapter 1137.
 46  2    Code section 455B.107:  Corrects a reference to Code
 46  3 chapter 459.  This change is identical to changes made
 46  4 throughout the Code to references to provisions transferred
 46  5 from Code chapter 455B to Code chapter 459 pursuant to a
 46  6 directive from 2002 Acts, chapter 1137.
 46  7    Code section 455E.11:  Strikes obsolete language
 46  8 appropriating funds for specified fiscal years from the oil
 46  9 overcharge account of the groundwater protection fund.  All
 46 10 fiscal periods referred to in the language expired more than
 46 11 10 years ago.
 46 12    Code section 455G.5:  Adds a reference to the department of
 46 13 revenue as a department the underground storage tank board can
 46 14 contract with as the department remains responsible for the
 46 15 administration of Code chapter 424.
 46 16    Code section 456A.16:  Changes a departmental reference
 46 17 from the department of revenue to the department of
 46 18 administrative services, and a Code reference, to reflect that
 46 19 the department of administrative services is responsible for
 46 20 the set-off duties described in this section.
 46 21    Code section 476.53:  Substitutes the term "generating
 46 22 facility" for "generation facility" to agree with similar uses
 46 23 of the term throughout Code chapter 476.
 46 24    Code section 483A.24A:  In a provision requiring the
 46 25 issuance of additional deer hunting licenses and allowing
 46 26 harvested deer to be used by the department of corrections,
 46 27 defines "public institution" by substituting a broader
 46 28 reference to a state institution listed in Code section
 46 29 904.102 for the more specific reference to institutions listed
 46 30 in Code section 904.102, subsections 1 through 10.
 46 31    Code section 501.407:  In a provision relating to
 46 32 exceptions from indemnification of a director or officer of a
 46 33 cooperative, corrects the exception for an intentional
 46 34 infliction of harm to read "on the cooperative or its members"
 46 35 rather than "on the corporation or its shareholders".
 47  1    Code section 508.38:  Corrects a reference to the action
 47  2 taken regarding this Code section by 2003 Acts, chapter 91,
 47  3 sections 8 through 10 and substitutes the appropriate date for
 47  4 the words "the second anniversary of the effective date of
 47  5 2003 Acts, chapter 91, }8-10".  Those particular provisions
 47  6 took effect July 1, 2003.
 47  7    Code sections 510.6 and 510A.4:  Substitutes the term
 47  8 "insurance producer" for "producer" in several places to
 47  9 correspond to the terminology change made in Code section
 47 10 510A.2 in 2003 legislation.
 47 11    Code section 514B.12:  Clarifies that at least two
 47 12 principal officers of a health maintenance organization,
 47 13 rather than of a depository, shall verify the organization's
 47 14 annual report.
 47 15    Code section 515F.32:  Changes a term used in a definition
 47 16 describing a plan to assure fair access to insurance
 47 17 requirements to conform to the use of the term throughout the
 47 18 chapter division.
 47 19    Code section 515F.36:  Specifies that the FAIR plan, rather
 47 20 than a governing committee, is to be operated by a manager
 47 21 appointed by the committee.
 47 22    Code sections 533C.201, 533C.303, 533C.503, 533C.505, and
 47 23 533C.703:  Makes several clarifications in the uniform money
 47 24 services Act, enacted by 2003 Acts, chapter 96.  The first
 47 25 change clarifies that a person is not permitted to engage in
 47 26 the described activities unless the person is licensed to do
 47 27 so or is an authorized delegate of a licensee.  The second
 47 28 change includes a grammatical change and the addition of a
 47 29 reference to the chapter in the Code which governs
 47 30 administrative contested cases.  The third change clarifies
 47 31 that felony charges filed against a licensee or certain other
 47 32 designated individuals are items that must be included in
 47 33 reporting to the superintendent of banking within one business
 47 34 day of the occurrence.  The fourth change clarifies the time
 47 35 frame within which records must be made accessible to the
 48  1 superintendent of banking after a written request is made.
 48  2 The final change clarifies the duration of the effectiveness
 48  3 and the enforceability of an order to cease and desist pending
 48  4 the completion of an administrative proceeding.
 48  5    Code sections 562B.25, 631.4, 631.5, 648.1, and 648.5:
 48  6 Conforms the use of the term "forcible entry and detention of
 48  7 property" actions to other Code and court rule references to
 48  8 the same type of action.  Those other Code sections and court
 48  9 rules refer to the action as forcible entry and detainer
 48 10 actions.  The change in terminology does not change the
 48 11 grounds for the action and obviates the need for changes to
 48 12 the Iowa rules of civil procedure that govern these actions in
 48 13 small claims court.
 48 14    Code section 602.6305:  Makes corrections relating to the
 48 15 change in term length for district associate court judges
 48 16 enacted in 2003 Acts, chapter 151.  From 1982 and until last
 48 17 year, a district associate judge's term, after a service of an
 48 18 initial term, was four years.  2003 Acts, chapter 151, changed
 48 19 the length of term to six years and the provisions which
 48 20 govern the retention elections are contained in Code sections
 48 21 46.16 through 46.24.
 48 22    Code section 602.8107:  Substitutes "fees charged pursuant
 48 23 to section 356.7" for "sheriff's room and board fees" in a
 48 24 provision providing exceptions from the required deposit into
 48 25 the general fund of the county of a percentage of delinquent
 48 26 fines, penalties, and other costs and fees collected by the
 48 27 county attorney.  Code section 356.7 was expanded in 2003 to
 48 28 allow not only sheriff's room and board fees to be charged to
 48 29 a prisoner, but also administrative costs incurred by counties
 48 30 and municipalities in the arrest and booking of certain
 48 31 prisoners.
 48 32    Code section 648.10:  Conforms language relating to a
 48 33 notice provision to a change made in the Code section
 48 34 referenced, Code section 648.5, by 1995 Acts, chapter 125,
 48 35 section 14.  Both Code sections 648.5 and 648.10 were
 49  1 originally amended in 1986 Acts, chapter 1130, to provide for
 49  2 a five-day notice, and remained that way until Code section
 49  3 648.5 was amended in 1995.
 49  4    Code section 669.14:  Substitutes a reference to Code
 49  5 chapter 486A for a reference to Code chapter 486 in a
 49  6 provision excepting claims for financial loss based upon an
 49  7 act or omission in financial regulation from the application
 49  8 of the Iowa tort claims Act.  Code chapter 486, the uniform
 49  9 partnership law, was repealed effective January 1, 2001, and
 49 10 replaced by Code chapter 486A, the uniform partnership Act.
 49 11    Code section 805.8A:  Corrects the descriptions of the
 49 12 nature of the violations contained in the Code sections
 49 13 enumerated in subsection 12, paragraphs "b" and "c".  Code
 49 14 section 321.437 pertains to a requirement for the equipment of
 49 15 various vehicles with mirrors and Code sections 321.454
 49 16 through 321.458 contain height, length, width, and load
 49 17 requirements for various vehicles.
 49 18    Code section 901.4:  Refers to both the "interstate compact
 49 19 for adult offender supervision" and the "interstate probation
 49 20 and parole compact" in a provision relating to the
 49 21 confidentiality and distribution of presentence investigation
 49 22 reports.  The interstate compact for adult offender
 49 23 supervision replaced the interstate probation and parole
 49 24 compact in 2002.
 49 25    Code section 901.5:  Corrects a reference to "this section"
 49 26 to read "this subsection" in a provision relating to issuance
 49 27 of no-contact orders.
 49 28    Code section 904.117:  Corrects a reference to the
 49 29 provision establishing and providing for the collection of
 49 30 interstate compact fees.  Code section 907B.5 does not exist
 49 31 and the fee language is contained in 907B.4.
 49 32    Code sections 335.31 and 414.29:  Repeals provisions
 49 33 relating to the zoning of elder family homes as Code chapter
 49 34 231A, governing elder family homes, was repealed in 2003
 49 35 legislation.
 50  1    Code section 455B.151:  Repeals a provision establishing a
 50  2 moratorium on the construction or operation of a commercial
 50  3 waste incinerator until such time as the department of natural
 50  4 resources or the United States environmental protection agency
 50  5 adopts rules which establish safe emission standards for
 50  6 releases of toxic air emissions from commercial waste
 50  7 incinerators.  On December 1, 2000, the United States
 50  8 environmental protection agency published emission limits for
 50  9 commercial waste incinerators in the federal register,
 50 10 promulgated in rule form at 40 C.F.R., pt. 60, subpt. CCCC
 50 11 (}60.2000 et seq.).  The Iowa department of natural resources
 50 12 instituted rulemaking proceedings on February 28, 2002, to
 50 13 adopt the federal standards.  Those rule changes were adopted
 50 14 and filed on March 20, 2002, and may be found at 567 IAC
 50 15 23.1(2)(vvv).
 50 16    2003 Iowa Acts, chapter 180:  Corrects references to
 50 17 subsections of Code sections 273.22 and 273.23, as anticipated
 50 18 to be renumbered for publication in Code Supplement 2003, to
 50 19 refer to the subsections as amended by the Act.  These
 50 20 provisions take effect upon enactment and apply retroactively
 50 21 to July 1, 2003.
 50 22    2003 Iowa Acts, chapter 145:  Eliminates an unnecessary
 50 23 reference to the division of the department of personnel.
 50 24 This change takes effect upon enactment and is retroactively
 50 25 applicable to July 1, 2003.
 50 26    2003 Iowa Acts, chapter 151, section 65:  Clarifies that
 50 27 the amendment to Code section 602.6305, subsection 1,
 50 28 providing that retention elections for district associate
 50 29 judges shall be held every six rather than every four years,
 50 30 applies to elections for retaining a judge occurring after the
 50 31 effective date of the Act.  The provision takes effect upon
 50 32 enactment.
 50 33    2003 Iowa Acts, chapter 179, section 47A:  Adds a delayed
 50 34 effective date of July 1, 2004, for an amendment to Code
 50 35 section 8.57, to agree with the dates specified in the Code
 51  1 section as amended.  The provision takes effect upon
 51  2 enactment.
 51  3    2003 Iowa Acts, First Extraordinary Session, chapter 1,
 51  4 section 114:  Corrects references to division headings in the
 51  5 Act in a provision providing for the future repeal of the
 51  6 divisions.  The bill substitutes "grow Iowa values board and
 51  7 fund" for "grow Iowa board and fund" and "commercialization of
 51  8 research issues" for "technology transfer advisors" to agree
 51  9 with the division headings used in the final version of the
 51 10 bill.  The bill also eliminates a reference to a division
 51 11 entitled "workforce issues" as that division was not included
 51 12 in the final version of the bill.  
 51 13 LSB 5306SV 80
 51 14 lh/gg/14
     

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