Text: SSB01044                          Text: SSB01046
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1045

Bill Text

PAG LIN
  1  1    Section 1.  Section 6B.18, subsection 2, Code 2003, is
  1  2 amended to read as follows:
  1  3    2.  An appeal of appraisement of damages is deemed to be
  1  4 perfected upon filing of a notice of appeal with the district
  1  5 court within thirty days from the date of mailing the notice
  1  6 of appraisement of damages.  The notice of appeal shall be
  1  7 served on the adverse party, or the adverse party's agent or
  1  8 attorney, and any lienholders lienholder and encumbrancers
  1  9 encumbrancer of the property in the same manner as an original
  1 10 notice within thirty days from the date of filing the notice
  1 11 of appeal unless, for good cause shown, the court grants more
  1 12 than thirty days.  If after reasonable diligence, the notice
  1 13 cannot be personally served, the court may prescribe an
  1 14 alternative method of service consistent with due process of
  1 15 law.
  1 16    Sec. 2.  Section 8D.2, subsection 5, paragraph b, Code
  1 17 2003, is amended to read as follows:
  1 18    b.  For the purposes of this chapter, "public agency" also
  1 19 includes any homeland security or defense facility established
  1 20 by the administrator of the emergency management division of
  1 21 the department of public defense or the governor or any
  1 22 facility connected with a security or defense system as
  1 23 required by the administrator of the emergency management
  1 24 division of the department of public defense or the governor.
  1 25 A facility that is considered a public agency pursuant to this
  1 26 paragraph shall be authorized to access the Iowa
  1 27 communications network strictly for homeland security
  1 28 communication purposes.  Any utilization of the network that
  1 29 is not related to communications concerning homeland security
  1 30 is expressly prohibited.
  1 31    Sec. 3.  Section 8D.9, Code 2003, is amended by adding the
  1 32 following new subsection:
  1 33    NEW SUBSECTION.  3.  A facility that is considered a public
  1 34 agency pursuant to section 8D.2, subsection 5, paragraph "b",
  1 35 shall be authorized to access the Iowa communications network
  2  1 strictly for homeland security communication purposes.  Any
  2  2 utilization of the network that is not related to
  2  3 communications concerning homeland security is expressly
  2  4 prohibited.
  2  5    Sec. 4.  Section 10A.101, Code 2003, subsection 2, is
  2  6 amended by striking the subsection.
  2  7    Sec. 5.  Section 10B.4A, Code 2003, is amended to read as
  2  8 follows:
  2  9    10B.4A  SUSPENSION OF OTHER FILING REQUIREMENTS.
  2 10    The secretary of state shall not prepare or distribute
  2 11 forms for reports or file reports otherwise required pursuant
  2 12 to section 9H.5A, 9I.8, or 501.103.  A person required to file
  2 13 a report pursuant to this chapter is not required to file a
  2 14 report under those sections.  A person required to file a
  2 15 report pursuant to this chapter is not required to register
  2 16 with the secretary of state as otherwise required in section
  2 17 9I.7.
  2 18    A person required to file a report pursuant to this chapter
  2 19 is not required to register with the secretary of state as
  2 20 otherwise required in any chapter enumerated in this section.
  2 21    Sec. 6.  Section 10D.2, subsection 3, paragraph a,
  2 22 unnumbered paragraph 1, Code 2003, is amended to read as
  2 23 follows:
  2 24    A designated use must relate to producing baby chicks or
  2 25 fertile fertilized chicken eggs for any of the following
  2 26 purposes:
  2 27    Sec. 7.  Section 12C.19, subsection 1, Code 2003, is
  2 28 amended to read as follows:
  2 29    1.  Securities pledged pursuant to this chapter may be
  2 30 withdrawn on application of the pledging depository
  2 31 institution, and as to securities pledged by a credit union,
  2 32 upon approval of the public officer to whom the securities are
  2 33 pledged, if the deposit of securities is no longer necessary
  2 34 to comply with this chapter, or withdrawal is required for
  2 35 collection by virtue of its maturity or for exchange.  The
  3  1 depository institution shall replace securities so withdrawn
  3  2 for collection or exchange.
  3  3    Sec. 8.  Section 12C.23A, subsection 3, paragraph d, Code
  3  4 2003, is amended to read as follows:
  3  5    d.  If the loss of public funds is not covered by federal
  3  6 deposit insurance and the proceeds of the closed bank's assets
  3  7 that are liquidated within thirty days of the closing of the
  3  8 bank are not sufficient to cover the loss, then any further
  3  9 payments to cover the loss will come from the state sinking
  3 10 fund for public deposits in banks.  If the balance in that
  3 11 sinking fund is inadequate to pay the entire loss, then the
  3 12 treasurer shall obtain the additional amount needed by making
  3 13 an assessment against other banks whose public funds deposits
  3 14 exceed federal deposit insurance coverage.  A bank's
  3 15 assessment shall be determined by multiplying the total amount
  3 16 of the remaining loss to all public depositors in the closed
  3 17 bank by a percentage that represents the assessed bank's
  3 18 proportional share of the total of uninsured public funds
  3 19 deposits held by all banks and all branches of out-of-state
  3 20 banks, based upon the average of the uninsured public funds of
  3 21 the assessed bank or branch of an out-of-state bank as of the
  3 22 end of the four calendar quarters prior to the date of closing
  3 23 of the closed bank and the average of the uninsured public
  3 24 funds in all banks and branches of out-of-state banks as of
  3 25 the end of the four calendar quarters prior to the date of
  3 26 closing of the closed bank, excluding the amount of uninsured
  3 27 public funds held by the closed bank at the end of the four
  3 28 calendar quarters held by the closed bank.  Each bank shall
  3 29 pay its assessment to the treasurer of state within three
  3 30 business days after it receives notice of assessment.
  3 31    Sec. 9.  Section 13B.4, subsection 4, paragraph c,
  3 32 subparagraph (1), Code 2003, is amended to read as follows:
  3 33    (1)  If the charges are appropriate and reasonable and
  3 34 necessary, approve the claim for payment.
  3 35    Sec. 10.  Section 14B.105, subsection 1, paragraph b, Code
  4  1 2003, is amended to read as follows:
  4  2    b.  The members appointed pursuant to paragraph "a",
  4  3 subparagraphs (3) through (7), shall serve four-year staggered
  4  4 terms and such appointments to the information technology
  4  5 council are subject to the requirements of sections 69.16,
  4  6 69.16A, and 69.19.  The four-year terms of members appointed
  4  7 by the governor shall be staggered as designated by the
  4  8 governor.  Members The members appointed by the governor
  4  9 pursuant to paragraph "a", subparagraphs (3) through (7),
  4 10 shall not serve consecutive four-year terms.  Members The
  4 11 members appointed by the governor are subject to senate
  4 12 confirmation and may also be eligible to receive compensation
  4 13 as provided in section 7E.6.  Members shall be reimbursed for
  4 14 actual and necessary expenses incurred in performance of the
  4 15 members' duties.
  4 16    Sec. 11.  Section 15.108, subsection 6, paragraph b,
  4 17 subparagraph (1), Code 2003, is amended to read as follows:
  4 18    (1)  Work closely with representatives of business and
  4 19 industry, labor organizations, the council on human
  4 20 investment, the department of education, the department of
  4 21 workforce development, and educational institutions to
  4 22 determine the employee training needs of Iowa employers, and
  4 23 where possible, provide for the development of industry-
  4 24 specific training programs.
  4 25    Sec. 12.  Section 15E.45, subsections 1, 3, 6, and 8, Code
  4 26 2003, are amended to read as follows:
  4 27    1.  An investment in a community community-based seed
  4 28 capital fund shall qualify for a tax credit under section
  4 29 15E.43 provided that all requirements of sections 15E.43,
  4 30 15E.44, and this section are met.
  4 31    3.  a.  In order for an investment in a community-based
  4 32 seed capital fund to qualify for a tax credit, the community-
  4 33 based seed capital fund in which the investment is made shall,
  4 34 within one hundred twenty days of the date of the first
  4 35 investment, notify the board of all of the following:
  5  1    (1)  The names, addresses, taxpayer identification numbers,
  5  2 equity interests issued, consideration paid for the interests,
  5  3 and the amount of any tax credits, of which all.
  5  4    (2)  All limited partners or members who may initially
  5  5 qualify for the tax credits, and the.
  5  6    (3)  The earliest year in which the tax credits may be
  5  7 redeemed.
  5  8    b.  The list of limited partners or members who may qualify
  5  9 for the tax credits shall be amended as new equity interests
  5 10 are sold or as any information on the list shall change.
  5 11    6.  In the event that a community-based seed capital fund
  5 12 fails to meet or maintain any requirement set forth in this
  5 13 section, or in the event that the community-based seed capital
  5 14 fund has not invested at least thirty-three percent of its
  5 15 invested capital in no fewer than two separate qualifying
  5 16 businesses, measured at the end of the thirty-sixth month
  5 17 after commencing the fund's investing activities, the board
  5 18 shall rescind any tax credit certificates issued to limited
  5 19 partners or members and shall notify the department of revenue
  5 20 and finance that it has done so, and the tax credit
  5 21 certificates shall be null and void.  However, a community-
  5 22 based seed capital fund may apply to the board for a one-year
  5 23 waiver from of the requirements of this subsection.
  5 24    8.  A community-based seed capital fund shall not invest in
  5 25 the Iowa fund of funds, if organized pursuant to 2002 Iowa
  5 26 Acts, House File 2078, if enacted section 15E.65.
  5 27    Sec. 13.  Section 15E.51, subsection 4, Code 2003, is
  5 28 amended to read as follows:
  5 29    4.  A taxpayer shall not claim a tax credit under this
  5 30 section if the taxpayer is a venture capital investment fund
  5 31 allocation manager for the Iowa fund of funds created in
  5 32 section 15E.65 or an investor that receives a tax credit for
  5 33 an investment in a community-based seed capital fund as
  5 34 defined described in 2002 Iowa Acts, House File 2271 section
  5 35 15E.45.
  6  1    Sec. 14.  Section 15E.67, Code 2003, is amended to read as
  6  2 follows:
  6  3    15E.67  POWERS AND EFFECTIVENESS.
  6  4    This division shall not be construed as a restriction or
  6  5 limitation upon any power which the board might otherwise have
  6  6 under any other law of this state and the provisions of this
  6  7 division are cumulative to such powers.  This division shall
  6  8 be construed to provide a complete, additional, and
  6  9 alternative method for performing the duties authorized and
  6 10 shall be regarded as supplemental and additional to the powers
  6 11 conferred by any other laws law.  The level, timing, or degree
  6 12 of success of the Iowa fund of funds or the investment funds
  6 13 in which the Iowa fund of funds invests in, or the extent to
  6 14 which the investment funds are invested in Iowa venture
  6 15 capital projects, or are successful in accomplishing any
  6 16 economic development objectives, shall not compromise,
  6 17 diminish, invalidate, or affect the provisions of any contract
  6 18 entered into by the board or the Iowa fund of funds.
  6 19    Sec. 15.  Section 15E.193C, subsection 2, unnumbered
  6 20 paragraph 1, Code 2003, is amended to read as follows:
  6 21    An eligible development business includes a developer or
  6 22 development contractor that constructs, expands, or
  6 23 rehabilitates a building space within a designated enterprise
  6 24 zone with a minimum capital investment of at least five
  6 25 hundred thousand dollars.  A development business is eligible
  6 26 to receive incentives and assistance under this section if
  6 27 businesses a business locating into the building space have
  6 28 has not closed or reduced its operation in one area of the
  6 29 state or a city and relocated substantially the same operation
  6 30 in the enterprise zone.  An eligible development business is
  6 31 eligible for one, but not both, of the following exemptions to
  6 32 the capital investment requirements:
  6 33    Sec. 16.  Section 16.15, subsection 4, Code 2003, is
  6 34 amended to read as follows:
  6 35    4.  Permanent financing for units to be subsidized under
  7  1 the housing assistance payments program may be provided by the
  7  2 authority, directly or indirectly, by the proceeds from the
  7  3 sale of bonds and notes as provided in this Act chapter, or by
  7  4 other moneys available to the authority, by appropriations or
  7  5 otherwise.
  7  6    Sec. 17.  Section 16.132, subsections 5 and 6, Code 2003,
  7  7 are amended to read as follows:
  7  8    5.  The bonds or notes issued by the authority are not an
  7  9 indebtedness or other liability of the state or of a political
  7 10 subdivision of the state within the meaning of any
  7 11 constitutional or statutory debt limitations but are special
  7 12 obligations of the authority, and are payable solely from the
  7 13 income and receipts or other funds or property of the
  7 14 department, and the amounts on deposit in the revolving loan
  7 15 funds, and the amounts payable to the department under its
  7 16 loan agreements with the municipalities and water systems
  7 17 eligible entities as defined in section 455B.291 to the extent
  7 18 that the amounts are designated in the resolution, trust
  7 19 agreement, or other instrument of the authority authorizing
  7 20 the issuance of the bonds or notes as being available as
  7 21 security for such bonds or notes.  The authority shall not
  7 22 pledge the faith or credit of the state or of a political
  7 23 subdivision of the state to the payment of any bonds or notes.
  7 24 The issuance of any bonds or notes by the authority does not
  7 25 directly, indirectly, or contingently obligate the state or a
  7 26 political subdivision of the state to apply money from, or
  7 27 levy or pledge any form of taxation whatever to the payment of
  7 28 the bonds or notes.
  7 29    6.  The state pledges to and agrees with the holders of
  7 30 bonds or notes issued under the Iowa sewage treatment water
  7 31 pollution control works and drinking water facilities
  7 32 financing program, that the state will not limit or alter the
  7 33 rights and powers vested in the authority to fulfill the terms
  7 34 of a contract made by the authority with respect to the bonds
  7 35 or notes, or in any way impair the rights and remedies of the
  8  1 holders until the bonds or notes, together with the interest
  8  2 on them including interest on unpaid installments of interest,
  8  3 and all costs and expenses in connection with an action or
  8  4 proceeding by or on behalf of the holders, are fully met and
  8  5 discharged.  The authority is authorized to include this
  8  6 pledge and agreement of the state, as it refers to holders of
  8  7 bonds or notes of the authority, in a contract with the
  8  8 holders.
  8  9    Sec. 18.  Section 23A.2, subsection 2, unnumbered paragraph
  8 10 1, Code 2003, is amended to read as follows:
  8 11    The state board of regents or a school corporation may, by
  8 12 rule, provide for exemption from the application of this
  8 13 chapter for any of the following activities:
  8 14    Sec. 19.  Section 23A.2, subsection 2, paragraph c, Code
  8 15 2003, is amended to read as follows:
  8 16    c.  Use of vehicles owned by the institution or school for
  8 17 charter trips offered to the public, or to full, or part-time,
  8 18 or temporary students.
  8 19    Sec. 20.  Section 25B.7, subsection 3, Code 2003, is
  8 20 amended by striking the subsection.
  8 21    Sec. 21.  Section 28.4, subsection 12, paragraph e, Code
  8 22 2003, is amended by striking the paragraph.
  8 23    Sec. 22.  Section 29B.22, unnumbered paragraph 3, Code
  8 24 2003, is amended to read as follows:
  8 25    Convening authorities shall at all times communicate
  8 26 directly with their staff judge advocates in matters relating
  8 27 to the administration of military justice; and the staff judge
  8 28 advocate of any command may communicate directly with the
  8 29 staff judge advocate of a superior or subordinate any command,
  8 30 or with the state judge advocate.
  8 31    Sec. 23.  Section 43.45, subsection 1, Code 2003, is
  8 32 amended to read as follows:
  8 33    1.  Upon the closing of the polls the precinct election
  8 34 officials shall immediately publicly canvass the vote.  The
  8 35 canvass shall be conducted using the procedures established in
  9  1 subsection 2 or 3, whichever is this section which are
  9  2 appropriate for the voting system used in the precinct.
  9  3    Sec. 24.  Section 43.45, subsection 2, paragraph c, Code
  9  4 2003, is amended to read as follows:
  9  5    c.  Certify to the number of votes cast upon the ticket of
  9  6 each political party for each candidate for each office.
  9  7    Sec. 25.  Section 45.5, subsection 1, paragraph c, Code
  9  8 2003, is amended to read as follows:
  9  9    c.  A statement that the candidate is or will be a resident
  9 10 of the appropriate ward, city, county, school district, or
  9 11 legislative or other district as required by section 45.1
  9 12 39.27.
  9 13    Sec. 26.  Section 45.5, subsection 1, unnumbered paragraph
  9 14 2, Code 2003, is amended to read as follows:
  9 15    Signatures on a petition page shall be counted only if the
  9 16 required information is written or printed at the top of the
  9 17 page.  Nomination papers on behalf of candidates for seats in
  9 18 the general assembly need only designate the number of the
  9 19 senatorial or representative district, as appropriate, and not
  9 20 the county or counties, in which the candidate and the
  9 21 petitioners reside.  Signature lines on the A signature line
  9 22 in a nomination petitions petition shall not be counted if the
  9 23 line lacks the signature of the eligible elector and the
  9 24 signer's address and city.  The person examining the petition
  9 25 shall mark any deficiencies on the petition.
  9 26    Sec. 27.  Section 48A.29, subsection 3, unnumbered
  9 27 paragraph 2, Code 2003, is amended to read as follows:
  9 28    The notice shall be sent by forwardable mail, and shall
  9 29 include a postage paid preaddressed return card on which the
  9 30 registered voter may state the registered voter's current
  9 31 address.  The notice shall contain a statement in
  9 32 substantially the following form:  "Information received from
  9 33 the United States postal service indicates that you are no
  9 34 longer a resident of (residence address) in (name of county)
  9 35 County, Iowa.  If this information is not correct, and you
 10  1 still live in (name of county) County, please complete and
 10  2 mail the attached postage paid card at least ten days before
 10  3 the primary or general election and at least eleven days
 10  4 before any other election at which you wish to vote.  If the
 10  5 information is correct, and you have moved, please contact a
 10  6 local official in your new area for assistance in registering
 10  7 there.  If you do not mail in the card, you may be required to
 10  8 show identification proving your residence in (name of county)
 10  9 County before being allowed to vote in (name of county)
 10 10 County.  If you do not return the card, and you do not vote in
 10 11 some election in (name of county) County, Iowa, on or before
 10 12 (date of second general election following the date of the
 10 13 notice) your name will be removed from the list of voters in
 10 14 that county."
 10 15    Sec. 28.  Section 49.71, unnumbered paragraph 1, Code 2003,
 10 16 is amended to read as follows:
 10 17    The precinct election officials, before the opening of the
 10 18 polls, shall cause said cards of the instructions for voters
 10 19 required pursuant to section 49.70 to be securely posted as
 10 20 follows:
 10 21    Sec. 29.  Section 56.4, subsection 1, Code 2003, is amended
 10 22 to read as follows:
 10 23    1.  All statements and reports required to be filed under
 10 24 this chapter shall be filed with the board.  The board shall
 10 25 provide copies of all statements and reports filed under this
 10 26 chapter for a county, city, school, or other political
 10 27 subdivision with to the commissioner responsible under section
 10 28 47.2.
 10 29    Sec. 30.  Section 80.22, Code 2003, is amended to read as
 10 30 follows:
 10 31    80.22  PROHIBITION ON OTHER DEPARTMENTS.
 10 32    All other departments and bureaus of the state are hereby
 10 33 prohibited from employing special peace officers or conferring
 10 34 upon regular employees any police powers to enforce provisions
 10 35 of the statutes, which are specifically reserved by this Act
 11  1 1939 Iowa Acts, chapter 120, to this the department of public
 11  2 safety.  But the commissioner of public safety shall, upon the
 11  3 requisition of the attorney general, from time to time assign
 11  4 for service in the department of justice such of its officers,
 11  5 not to exceed six in number, as may be requisitioned by the
 11  6 attorney general for special service in the department of
 11  7 justice, and when so assigned such officers shall be under the
 11  8 exclusive direction and control of the attorney general.
 11  9    Sec. 31.  Section 97B.17, subsections 3 and 4, Code 2003,
 11 10 are amended to read as follows:
 11 11    3.  Summary information concerning the demographics of the
 11 12 members and general statistical information concerning the
 11 13 system are subject to chapter 22, as well as aggregate
 11 14 information by category.
 11 15    4.  a.  However, the The division's records are evidence
 11 16 for the purpose of proceedings before the division or any
 11 17 court of the amounts of wages and the periods in which they
 11 18 were paid, and the absence of an entry as to a member's wages
 11 19 in the records for any period is evidence that wages were not
 11 20 paid that member in the period.
 11 21    4. b.  Notwithstanding any provisions of chapter 22 to the
 11 22 contrary, the division's records may be released to any
 11 23 political subdivision, instrumentality, or other agency of the
 11 24 state solely for use in a civil or criminal law enforcement
 11 25 activity pursuant to the requirements of this subsection.  To
 11 26 obtain the records, the political subdivision,
 11 27 instrumentality, or agency shall, in writing, certify that the
 11 28 activity is authorized by law, provide a written description
 11 29 of the information desired, and describe the law enforcement
 11 30 activity for which the information is sought.  The division
 11 31 shall not be civilly or criminally liable for the release or
 11 32 rerelease of records in accordance with this subsection.
 11 33    Sec. 32.  Section 97B.42C, Code 2003, is amended to read as
 11 34 follows:
 11 35    97B.42C  RETIREMENT SYSTEM MERGER – MUNICIPAL UTILITY
 12  1 RETIREMENT SYSTEM.
 12  2    A municipal water utility or waterworks that has
 12  3 established a pension and annuity retirement system for its
 12  4 employees pursuant to chapter 412 may adopt a resolution to
 12  5 authorize the merger of its pension and annuity retirement
 12  6 system with and into the Iowa public employees' retirement
 12  7 system.  The system is authorized, but is not required, to
 12  8 accept such a proposal.  The governing body of the municipal
 12  9 water utility or waterworks and the Iowa public employees'
 12 10 retirement system shall, acting in their fiduciary capacities,
 12 11 mutually determine the terms and conditions of such a merger,
 12 12 including any additional funds necessary to fund the service
 12 13 credits being transferred to the Iowa public employees'
 12 14 retirement system, and either party may decline the merger if
 12 15 they cannot agree on such terms and conditions.  The system
 12 16 division shall adopt such rules as it deems necessary and
 12 17 prudent to effectuate mergers as provided by this section.
 12 18    Sec. 33.  Section 99B.7, subsection 1, paragraph o, Code
 12 19 2003, is amended to read as follows:
 12 20    o.  Except as provided in subsection 7, paragraph "a", a A
 12 21 person shall not conduct, promote, administer, or assist in
 12 22 the conducting, promoting, or administering of a bingo
 12 23 occasion, unless the person regularly participates in
 12 24 activities of the qualified organization other than conducting
 12 25 bingo occasions or participates in an educational, civic,
 12 26 public, charitable, patriotic, or religious organization to
 12 27 which the net receipts are dedicated by the qualified
 12 28 organization.
 12 29    Sec. 34.  Section 99B.12, subsection 2, paragraph a, Code
 12 30 2003, is amended to read as follows:
 12 31    a.  Card and parlor games, including but not limited to
 12 32 poker, pinochle, pitch, gin rummy, bridge, euchre, hearts,
 12 33 cribbage, dominoes, checkers, chess, backgammon, pool, and
 12 34 darts.  However, it shall be unlawful gambling for any person
 12 35 to engage in bookmaking, or to play any punchboard, pushcard,
 13  1 pull-tab, or slot machine, or to play craps, chuck-a-luck,
 13  2 roulette, klondike, blackjack, chemin de fer, baccarat, faro,
 13  3 equality, three-card monte, or any other game, except poker,
 13  4 which is customarily played in gambling casinos and in which
 13  5 the house customarily provides a banker, dealer, or croupier
 13  6 to operate the game, or a specially designed table upon which
 13  7 to play same the game.
 13  8    Sec. 35.  Section 99F.1, Code 2003, is amended by adding
 13  9 the following new subsection:
 13 10    NEW SUBSECTION.  5A.  "Division" means the division of
 13 11 criminal investigation of the department of public safety as
 13 12 provided in section 80.17.
 13 13    Sec. 36.  Section 124C.1, subsection 1, Code 2003, is
 13 14 amended by striking the subsection.
 13 15    Sec. 37.  Section 135.11, subsection 17, Code 2003, is
 13 16 amended to read as follows:
 13 17    17.  Administer chapters 125, 136A, 136C, 139A, 142, 142A,
 13 18 144, and 147A.
 13 19    Sec. 38.  Section 137F.1, subsection 8, paragraph e, Code
 13 20 2003, is amended to read as follows:
 13 21    e.  Premises where a person operates a farmers market, if
 13 22 the person does not sell or distribute potentially hazardous
 13 23 food potentially hazardous food is not sold or distributed
 13 24 from the premises.
 13 25    Sec. 39.  Section 153.33, subsection 5, unnumbered
 13 26 paragraph 1, Code 2003, is amended to read as follows:
 13 27    In any investigation made or hearing conducted by the board
 13 28 on its own motion, or upon written complaint filed with the
 13 29 board by any person, pertaining to any alleged violation of
 13 30 this chapter or the accusation against any licensee or
 13 31 registrant, the following procedure and rules so far as
 13 32 material to such investigation or hearing shall obtain:
 13 33    Sec. 40.  Section 153.33, subsection 5, paragraphs a, b, d,
 13 34 and h, Code 2003, are amended to read as follows:
 13 35    a.  The accusation of such person against any licensee or
 14  1 registrant shall be reduced to writing, verified by some
 14  2 person familiar with the facts therein stated, and three
 14  3 copies thereof filed with the board.
 14  4    b.  If the board shall deem the charges sufficient, if
 14  5 true, to warrant suspension or revocation of license or
 14  6 registration, it shall make an order fixing the time and place
 14  7 for hearing thereon and requiring the licensee or registrant
 14  8 to appear and answer thereto, such order, together with a copy
 14  9 of the charges so made to be served upon the accused at least
 14 10 twenty days before the date fixed for hearing, either
 14 11 personally or by certified or registered mail, sent to the
 14 12 licensee's or registrant's last known post office address as
 14 13 shown by the records of the board.
 14 14    d.  In all such investigations and hearings pertaining to
 14 15 the suspension or revocation of licenses or registrations, the
 14 16 board and any person affected thereby may have the benefit of
 14 17 counsel, and upon the request of the licensee or registrant or
 14 18 the licensee's or registrant's counsel the board shall issue
 14 19 subpoenas for the attendance of such witnesses in behalf of
 14 20 the licensee or registrant, which subpoenas when issued shall
 14 21 be delivered to the licensee or registrant or the licensee's
 14 22 or registrant's counsel.  Such subpoenas for the attendance of
 14 23 witnesses shall be effective if served upon the person named
 14 24 therein anywhere within this state, provided, that at the time
 14 25 of such service the fees now or hereafter provided by law for
 14 26 witnesses in civil cases in district court shall be paid or
 14 27 tendered to such person.
 14 28    h.  Pending the review and final disposition thereof by the
 14 29 district court, the action of the board suspending or revoking
 14 30 such license or registration shall not be stayed.
 14 31    Sec. 41.  Section 159.6, subsection 8, as amended by 2002
 14 32 Iowa Acts, chapter 1017, section 2, is amended to read as
 14 33 follows:
 14 34    8.  State aid received by certain associations as provided
 14 35 in chapters 177 176A through 182, 186, and 352.
 15  1    Sec. 42.  Section 159A.3, subsection 4, Code 2003, is
 15  2 amended by striking the subsection.
 15  3    Sec. 43.  Section 159A.3, subsection 5, Code 2003, is
 15  4 amended to read as follows:
 15  5    5.  The office and state entities, including the
 15  6 department, the committee, the Iowa department of economic
 15  7 development, the state department of transportation, the
 15  8 department of natural resources, and the state board of
 15  9 regents institutions, and the Wallace technology transfer
 15 10 foundation of Iowa, shall cooperate to implement this section.
 15 11    Sec. 44.  Section 173.3, as amended by 2002 Iowa Acts,
 15 12 chapter 1017, section 3, is amended to read as follows:
 15 13    173.3  CERTIFICATION OF STATE AID ASSOCIATIONS.
 15 14    On or before November 15 of each year, the secretary of
 15 15 agriculture shall certify to the secretary of the state fair
 15 16 board the names of the various associations and societies
 15 17 which have qualified for state aid under the provisions of
 15 18 chapters 177 176A through 178, 181, 182, 186, and 352, and
 15 19 which are entitled to representation in the convention as
 15 20 provided in section 173.2.
 15 21    Sec. 45.  Section 192.101A, unnumbered paragraph 1, Code
 15 22 2003, is amended to read as follows:
 15 23    As used in this chapter, all terms shall have the same
 15 24 meaning as defined in the "Grade 'A' Pasteurized Milk
 15 25 Ordinance, 1999 2001 Revision".  However, notwithstanding the
 15 26 ordinance, the following definitions shall apply:
 15 27    Sec. 46.  Section 192.102, Code 2003, is amended to read as
 15 28 follows:
 15 29    192.102  GRADE "A" PASTEURIZED MILK ORDINANCE.
 15 30    The department shall adopt, by rule, the "Grade 'A'
 15 31 Pasteurized Milk Ordinance, 1999 2001 Revision", including a
 15 32 subsequent revision of the ordinance.  If the ordinance
 15 33 specifies that compliance with a provision of the ordinance's
 15 34 appendices is mandatory, the department shall also adopt that
 15 35 provision.  The department shall not amend the ordinance,
 16  1 unless the department explains each amendment and reasons for
 16  2 the amendment in the Iowa administrative bulletin when the
 16  3 rules are required to be published pursuant to chapter 17A.
 16  4 The department shall administer this chapter consistent with
 16  5 the provisions of the ordinance.
 16  6    Sec. 47.  Section 192.110, subsection 1, Code 2003, is
 16  7 amended to read as follows:
 16  8    1.  The person has a pasteurized milk and milk products
 16  9 sanitation compliance rating of ninety percent or more as
 16 10 calculated according to the rating system as contained in the
 16 11 federal public health service publications, "Procedures
 16 12 Governing the Cooperative State-Public Health Service/Food and
 16 13 Drug Administration Program for Certification of Interstate
 16 14 Milk Shippers 1999 2001" and "Method of Making Sanitation
 16 15 Ratings of Milk Supplies, 1999 2001 Revision".  The applicable
 16 16 provisions of these publications are incorporated into this
 16 17 section by this reference.  A copy of each publication shall
 16 18 be on file with the department or in the office of the person
 16 19 subject to an inspection contract as provided in section
 16 20 192.108.
 16 21    Sec. 48.  Section 229A.8A, subsection 2, paragraph g, Code
 16 22 2003, is amended to read as follows:
 16 23    g.  The committed person is not likely to commit predatory
 16 24 acts constituting sexually violent offenses while in the
 16 25 program.
 16 26    Sec. 49.  Section 229A.10, subsection 1, Code 2003, is
 16 27 amended to read as follows:
 16 28    1.  If the director of human services determines that the
 16 29 person's mental abnormality has so changed that the person is
 16 30 not likely to commit engage in predatory acts or that
 16 31 constitute sexually violent offenses if discharged, the
 16 32 director shall authorize the person to petition the court for
 16 33 discharge.  The petition shall be served upon the court and
 16 34 the attorney general.  The court, upon receipt of the petition
 16 35 for discharge, shall order a hearing within thirty days.  The
 17  1 attorney general shall represent the state, and shall have the
 17  2 right to have the petitioner examined by an expert or
 17  3 professional person of the attorney general's choice.  The
 17  4 hearing shall be before a jury if demanded by either the
 17  5 petitioner or the attorney general.  If the attorney general
 17  6 objects to the petition for discharge, the burden of proof
 17  7 shall be upon the attorney general to show beyond a reasonable
 17  8 doubt that the petitioner's mental abnormality or personality
 17  9 disorder remains such that the petitioner is likely to engage
 17 10 in predatory acts that constitute sexually violent offenses if
 17 11 discharged.
 17 12    Sec. 50.  Section 232.68, unnumbered paragraph 1, Code
 17 13 2003, is amended to read as follows:
 17 14    The definitions in section 235A.13 are applicable to this
 17 15 part 2 of division III.  As used in sections 232.67 through
 17 16 232.77 and 235A.12 through 235A.23 235A.24, unless the context
 17 17 otherwise requires:
 17 18    Sec. 51.  Section 232.71B, subsection 4, paragraph e, Code
 17 19 2003, is amended to read as follows:
 17 20    e.  An interview of the person alleged to have committed
 17 21 the child abuse, if the person's identity and location are
 17 22 known.  The offer of an interview shall be made to the person
 17 23 prior to any consideration or determination being made that
 17 24 the person committed the alleged abuse.  The purpose of the
 17 25 interview shall be to provide the person with the opportunity
 17 26 to explain or rebut the allegations of the child abuse report
 17 27 or other allegations made during the assessment.  The court
 17 28 may waive the requirement to offer the interview only for good
 17 29 cause.  The person offered an interview or the person's
 17 30 attorney may decline to be interviewed the offer of an
 17 31 interview of the person.
 17 32    Sec. 52.  Section 235A.13, unnumbered paragraph 1, Code
 17 33 2003, is amended to read as follows:
 17 34    As used in chapter 232, division III, part 2, and sections
 17 35 235A.13 to 235A.23 235A.24, unless the context otherwise
 18  1 requires:
 18  2    Sec. 53.  Section 236.2, Code 2003, is amended by adding
 18  3 the following new subsection:
 18  4    NEW SUBSECTION.  5A.  "Plaintiff" includes a person filing
 18  5 an action on behalf of an unemancipated minor.
 18  6    Sec. 54.  Section 236.3, subsection 2, Code 2003, is
 18  7 amended to read as follows:
 18  8    2.  Name and address of the parent or guardian filing the
 18  9 petition, if the petition is being filed on behalf of an
 18 10 unemancipated minor.  For the purposes of this chapter,
 18 11 "plaintiff" includes a person filing an action on behalf of an
 18 12 unemancipated minor.  A mailing address may be provided by the
 18 13 plaintiff pursuant to section 236.10.
 18 14    Sec. 55.  Section 237A.29, subsection 2, paragraph d, Code
 18 15 2003, is amended to read as follows:
 18 16    d.  In determining the value of the public funding obtained
 18 17 by fraudulent means, if the public funding is obtained by two
 18 18 or more acts of fraudulent means by the same person or in the
 18 19 same location, or is obtained by different persons by two or
 18 20 more acts which occur in approximately the same location or
 18 21 time period so that the acts of fraudulent means used to
 18 22 obtain the public funding are attributable to a single scheme,
 18 23 plan, or conspiracy, these acts may be considered as a single
 18 24 instance of the use of fraudulent means and the value may be
 18 25 the total value of all moneys involved.
 18 26    Sec. 56.  Section 237A.29, subsection 3, paragraph b, Code
 18 27 2003, is amended to read as follows:
 18 28    b.  In addition to applying the suspension under paragraph
 18 29 "a", the department may request that the attorney general file
 18 30 a petition with the district court of the county in which the
 18 31 provider is located for issuance of a temporary injunction
 18 32 enjoining the provider from providing child care until the
 18 33 names and addresses are submitted to the department.  The
 18 34 attorney general may file the petition upon receiving the
 18 35 request from the department.  Any temporary injunction may be
 19  1 granted without a bond being required from the department.
 19  2    Sec. 57.  Section 277.23, subsection 2, Code 2003, is
 19  3 amended to read as follows:
 19  4    2.  A change from five to seven directors shall be effected
 19  5 in a district at the first regular election after
 19  6 authorization by the voters or the board, or when after a
 19  7 district becomes wholly or in part within first includes all
 19  8 of a city of fifteen thousand or more population, or more in
 19  9 the manner described in section 275.37.
 19 10    Sec. 58.  Section 284.11, subsection 2, Code 2003, is
 19 11 amended to read as follows:
 19 12    2.  All licensed practitioners employed at a participating
 19 13 attendance center that has demonstrated improvement in student
 19 14 achievement shall share in a cash awards award paid from
 19 15 moneys received by a school district pursuant to section
 19 16 284.13, subsection 1.  The However, the school district is
 19 17 encouraged to extend cash awards to other staff employed at
 19 18 the attendance center.
 19 19    Sec. 59.  Section 321E.8, Code 2003, is amended to read as
 19 20 follows:
 19 21    321E.8  ANNUAL PERMITS.
 19 22    Subject to the discretion and judgment provided for in
 19 23 section 321E.1, annual permits shall be issued in accordance
 19 24 with the following provisions:
 19 25    1.  Vehicles with indivisible loads, or manufactured or
 19 26 mobile homes including appurtenances, having an overall width
 19 27 not to exceed sixteen feet zero inches, an overall length not
 19 28 to exceed one hundred twenty feet zero inches, an overall
 19 29 height not to exceed fifteen feet five inches, and a total
 19 30 gross weight not to exceed eighty thousand pounds, may be
 19 31 moved as follows:
 19 32    a.  Vehicles with indivisible loads, or manufactured or
 19 33 mobile homes including appurtenances, having an overall width
 19 34 not to exceed twelve feet five inches, an overall length not
 19 35 to exceed one hundred twenty feet zero inches, and an overall
 20  1 height not to exceed thirteen feet ten inches may be moved for
 20  2 unlimited distances without route approval from the permitting
 20  3 authority.
 20  4    b.  Vehicles with indivisible loads, or manufactured or
 20  5 mobile homes including appurtenances, having an overall width
 20  6 not to exceed fourteen feet six inches, an overall length not
 20  7 to exceed one hundred twenty feet zero inches, and an overall
 20  8 height not to exceed fifteen feet five inches may be moved on
 20  9 the interstate highway system and primary highways with more
 20 10 than one lane traveling in each direction for unlimited
 20 11 distances and no more than fifty miles from the point of
 20 12 origin on all other highways without route approval from the
 20 13 permit issuing authority.
 20 14    c.  All other vehicles with indivisible loads operating
 20 15 under this subsection shall obtain route approval from the
 20 16 permitting authority.
 20 17    d.  Vehicles with indivisible loads may operate under an
 20 18 all-systems permit in compliance with paragraph "a", "b", or
 20 19 "c".
 20 20    2.  Vehicles with indivisible loads, or manufactured or
 20 21 mobile homes including appurtenances, having an overall width
 20 22 not to exceed thirteen feet five inches and an overall length
 20 23 not to exceed one hundred twenty feet zero inches may be moved
 20 24 on highways specified by the permitting authority for
 20 25 unlimited distances if the height of the vehicle and load does
 20 26 not exceed fifteen feet five inches and the total gross weight
 20 27 of the vehicle does not exceed one hundred fifty-six thousand
 20 28 pounds.  The vehicle owner or operator shall verify with the
 20 29 permitting authority prior to movement of the load that
 20 30 highway conditions have not changed so as to prohibit movement
 20 31 of the vehicle.  Any cost to repair damage to highways or
 20 32 highway structures shall be borne by the owner or operator of
 20 33 the vehicle causing the damage.  Permitted vehicles under this
 20 34 subsection shall not be allowed to travel on any portion of
 20 35 the interstate highway system.  Vehicles with indivisible
 21  1 loads operating under the permit provisions of this subsection
 21  2 may operate under the permit provisions of subsection 1
 21  3 provided the vehicle and load comply with the limitations
 21  4 described in subsection 1.
 21  5    Sec. 60.  Section 321G.4, unnumbered paragraph 1, Code
 21  6 2003, is amended to read as follows:
 21  7    The owner of each all-terrain vehicle or snowmobile
 21  8 required to be numbered shall register it every two years with
 21  9 the county recorder of the county in which the owner resides
 21 10 or, if the owner is a nonresident, the owner shall register it
 21 11 in the county in which the all-terrain vehicle or snowmobile
 21 12 is principally used.  The commission has supervisory
 21 13 responsibility over the registration of all-terrain vehicles
 21 14 and snowmobiles and shall provide each county recorder with
 21 15 registration forms and certificates and shall allocate
 21 16 identification registration numbers to each county.
 21 17    Sec. 61.  Section 321G.19, subsection 1, Code 2003, is
 21 18 amended to read as follows:
 21 19    1.  The owner of a rented all-terrain vehicle or snowmobile
 21 20 shall keep a record of the name and address of each person
 21 21 renting the all-terrain vehicle or snowmobile, its
 21 22 identification registration number, the departure date and
 21 23 time, and the expected time of return.  The records shall be
 21 24 preserved for six months.
 21 25    Sec. 62.  Section 321G.33, subsections 1, 2, and 4, Code
 21 26 2003, are amended to read as follows:
 21 27    1.  The department may assign a distinguishing number to an
 21 28 all-terrain vehicle or snowmobile when the serial number on
 21 29 the all-terrain vehicle or snowmobile is destroyed or
 21 30 obliterated and issue to the owner a special plate bearing the
 21 31 distinguishing number which shall be affixed to the all-
 21 32 terrain vehicle or snowmobile in a position to be determined
 21 33 by the department.  The all-terrain vehicle or snowmobile
 21 34 shall be registered and titled under the distinguishing number
 21 35 in lieu of the former serial number.  Every all-terrain
 22  1 vehicle or snowmobile shall have an a vehicle identification
 22  2 number assigned and affixed as required by the department.
 22  3    2.  The commission shall adopt, by rule, the procedures for
 22  4 application and for issuance of an a vehicle identification
 22  5 number for homebuilt all-terrain vehicles or snowmobiles.
 22  6    4.  A person other than a manufacturer who constructs or
 22  7 rebuilds an all-terrain vehicle or snowmobile for which there
 22  8 is no legible vehicle identification number shall submit to
 22  9 the department an affidavit which describes the all-terrain
 22 10 vehicle or snowmobile.  In cooperation with the county
 22 11 recorder, the department shall assign an a vehicle
 22 12 identification number to the all-terrain vehicle or
 22 13 snowmobile.  The applicant shall permanently affix the vehicle
 22 14 identification number to the all-terrain vehicle or snowmobile
 22 15 in a manner that such alteration, removal, or replacement of
 22 16 the vehicle identification number would be obvious.
 22 17    Sec. 63.  Section 446.9, subsections 1 and 2, Code 2003,
 22 18 are amended to read as follows:
 22 19    1.  A notice of the date, time, and place of the annual tax
 22 20 sale shall be served upon the person in whose name the parcel
 22 21 subject to sale is taxed.  The county treasurer shall serve
 22 22 the notice by sending it by regular first class mail to the
 22 23 person's last known address not later than May 1 of each
 22 24 fiscal year.  The notice shall contain a description of the
 22 25 parcel to be sold which is clear, concise, and sufficient to
 22 26 distinguish the parcel to be sold from all other parcels.  It
 22 27 shall also contain the amount of delinquent taxes for which
 22 28 the parcel is liable each year, the amount of the interest,
 22 29 and fees, and the amount of the service fee as provided in
 22 30 section 446.10, subsection 2, all to be incorporated as a
 22 31 single sum.  The notice shall contain a statement that, after
 22 32 the sale, if the parcel is not redeemed within the period
 22 33 provided in chapter 447, the right to redeem expires and a
 22 34 deed may be issued.
 22 35    2.  Publication of the date, time, and place of the annual
 23  1 tax sale shall be made once by the treasurer in at least one
 23  2 official newspaper in the county as selected by the board of
 23  3 supervisors and designated by the treasurer at least one week,
 23  4 but not more than three weeks, before the day of sale.  The
 23  5 publication shall contain a description of the parcel to be
 23  6 sold that is clear, concise, and sufficient to distinguish the
 23  7 parcel to be sold from all other parcels.  All items offered
 23  8 for sale pursuant to section 446.18 may be indicated by an "s"
 23  9 or by an asterisk.  The publication shall also contain the
 23 10 name of the person in whose name the parcel to be sold is
 23 11 taxed, and the amount delinquent for which the parcel is
 23 12 liable each year, the amount of the interest, and fees, and
 23 13 the amount of the service fee as provided in section 446.10,
 23 14 subsection 2, all to be incorporated as a single sum.  The
 23 15 publication shall contain a statement that, after the sale, if
 23 16 the parcel is not redeemed within the period provided in
 23 17 chapter 447, the right to redeem expires and a deed may be
 23 18 issued.
 23 19    Sec. 64.  Section 455B.105, subsection 3, Code 2003, is
 23 20 amended to read as follows:
 23 21    3.  Adopt, modify, or repeal rules necessary to implement
 23 22 this chapter and chapter 459, subchapters I, II, III, IV, and
 23 23 VI, and the rules deemed necessary for the effective
 23 24 administration of the department.  When the commission
 23 25 proposes or adopts rules to implement a specific federal
 23 26 environmental program and the rules impose requirements more
 23 27 restrictive than the federal program being implemented
 23 28 requires, the commission shall identify in its notice of
 23 29 intended action or adopted rule preamble each rule that is
 23 30 more restrictive than the federal program requires and shall
 23 31 state the reasons for proposing or adopting the more
 23 32 restrictive requirement.  In addition, the commission shall
 23 33 include with its reasoning a financial impact statement
 23 34 detailing the general impact upon the affected parties.  It is
 23 35 the intent of the general assembly that the commission
 24  1 exercise strict oversight of the operations of the department.
 24  2 The rules shall include departmental policy relating to the
 24  3 disclosure of information on a violation or alleged violation
 24  4 of the rules, standards, permits or orders issued by the
 24  5 department and keeping of confidential information obtained by
 24  6 the department in the administration and enforcement of this
 24  7 chapter and chapter 459, subchapters I, II, III, IV, and VI.
 24  8 Rules adopted by the executive committee before January 1,
 24  9 1981, shall remain effective until modified or rescinded by
 24 10 action of the commission.
 24 11    Sec. 65.  Section 455B.171, subsection 15, Code 2003, is
 24 12 amended by striking the subsection.
 24 13    Sec. 66.  Section 455B.183, Code 2003, is amended to read
 24 14 as follows:
 24 15    455B.183  WRITTEN PERMITS REQUIRED.
 24 16    1.  It is unlawful to carry on any of the following
 24 17 activities without first securing a written permit from the
 24 18 director, or from a city or county public works department if
 24 19 the public works department reviews the activity under this
 24 20 section, as required by the department:
 24 21    1. a.  The construction, installation, or modification of
 24 22 any disposal system or public water supply system or part
 24 23 thereof or any extension or addition thereto except those
 24 24 sewer extensions and water supply distribution system
 24 25 extensions that are subject to review and approval by a city
 24 26 or county public works department pursuant to this section,
 24 27 the use or disposal of sewage sludge, and private sewage
 24 28 disposal systems.  Unless federal law or regulation requires
 24 29 the review and approval of plans and specifications, a permit
 24 30 shall be issued for the construction, installation, or
 24 31 modification of a public water supply system or part of a
 24 32 system if a qualified, registered engineer certifies to the
 24 33 department that the plans for the system or part of the system
 24 34 meet the requirements of state and federal law or regulations.
 24 35 The permit shall state that approval is based only upon the
 25  1 engineer's certification that the system's design meets the
 25  2 requirements of all applicable state and federal laws and
 25  3 regulations and the review of the department shall be
 25  4 advisory.
 25  5    2. b.  The construction or use of any new point source for
 25  6 the discharge of any pollutant into any water of the state.
 25  7    3. c.  The operation of any waste disposal system or public
 25  8 water supply system or any part of or extension or addition to
 25  9 the system.  This provision does not apply to a pretreatment
 25 10 system, the effluent of which is to be discharged directly to
 25 11 another disposal system for final treatment and disposal; a
 25 12 semipublic sewage disposal system, the construction of which
 25 13 has been approved by the department and which does not
 25 14 discharge into water of the state; or a private sewage
 25 15 disposal system which does not discharge into a water of the
 25 16 state.  Sludge from a semipublic or private sewage disposal
 25 17 system shall be disposed of in accordance with the rules
 25 18 adopted by the department pursuant to chapter 17A.  The
 25 19 exemption of this paragraph shall not apply to any industrial
 25 20 waste discharges.
 25 21    2.  Upon adoption of standards by the commission pursuant
 25 22 to section 455B.173, subsections 5 to 8, plans and
 25 23 specifications for sewer extensions and water supply
 25 24 distribution system extensions covered by this section shall
 25 25 be submitted to the city or county public works department for
 25 26 approval if the local public works department employs a
 25 27 qualified, registered engineer who reviews the plans and
 25 28 specifications using the specific state standards known as the
 25 29 Iowa Standards for Sewer Systems and the Iowa Standards for
 25 30 Water Supply Distribution Systems that have been formulated
 25 31 and adopted by the department pursuant to section 455B.173,
 25 32 subsections 5 to 8.  The local agency shall issue a written
 25 33 permit to construct if all of the following apply:
 25 34    a.  The submitted plans and specifications are in
 25 35 substantial compliance with departmental rules and the Iowa
 26  1 Standards for Sewer Systems and the Iowa Standards for Water
 26  2 Supply Distribution Systems.
 26  3    b.  The extensions primarily serve residential consumers
 26  4 and will not result in an increase greater than five percent
 26  5 of the capacity of the treatment works or serve more than two
 26  6 hundred fifty dwelling units or, in the case of an extension
 26  7 to a water supply distribution system, the extension will have
 26  8 a capacity of less than five percent of the system or will
 26  9 serve fewer than two hundred fifty dwelling units.
 26 10    c.  The proposed sewer extension will not exceed the
 26 11 capacity of any treatment works which received a state or
 26 12 federal monetary grant after 1972.
 26 13    d.  The proposed water supply distribution system extension
 26 14 will not exceed the production capacity of any public water
 26 15 supply system constructed after 1972.
 26 16    3.  After issuing a permit, the city or county public works
 26 17 department shall notify the director of such issuance by
 26 18 forwarding a copy of the permit to the director.  In addition,
 26 19 the local agency shall submit quarterly reports to the
 26 20 director including such information as capacity of local
 26 21 treatment plants and production capacity of public water
 26 22 supply systems as well as other necessary information
 26 23 requested by the director for the purpose of implementing this
 26 24 chapter.
 26 25    4.  Plans and specifications for all other waste disposal
 26 26 systems and public water supply systems, including sewer
 26 27 extensions and water supply distribution system extensions not
 26 28 reviewed by a city or county public works department under
 26 29 this section, shall be submitted to the department before a
 26 30 written permit may be issued.  Plans and specifications for
 26 31 public water supply systems and water supply distribution
 26 32 system extensions must be certified by a registered engineer
 26 33 as provided in subsection 1, paragraph "a".  The construction
 26 34 of any such waste disposal system or public water supply
 26 35 system shall be in accordance with standards formulated and
 27  1 adopted by the department pursuant to section 455B.173,
 27  2 subsections 5 to 8.  If it is necessary or desirable to make
 27  3 material changes in the plans or specifications, revised plans
 27  4 or specifications together with reasons for the proposed
 27  5 changes must be submitted to the department for a supplemental
 27  6 written permit.  The revised plans and specifications for a
 27  7 public water supply system must be certified by a registered
 27  8 engineer as provided in subsection 1, paragraph "a".
 27  9    5.  Prior to the adoption of statewide standards, the
 27 10 department may delegate the authority to review plans and
 27 11 specifications to those governmental subdivisions if in
 27 12 addition to compliance with subsection 3 1, paragraph "c", the
 27 13 governmental subdivisions agree to comply with all state and
 27 14 federal regulations and submit plans for the review of plans
 27 15 and specifications including a complete set of local standard
 27 16 specifications for such improvements.
 27 17    6.  The director may suspend or revoke delegation of review
 27 18 and permit authority after notice and hearing as set forth in
 27 19 chapter 17A if the director determines that a city or county
 27 20 public works department has approved extensions which do not
 27 21 comply with design criteria, which exceed the capacity of
 27 22 waste treatment plants or the production capacity of public
 27 23 water supply systems or which otherwise violate state or
 27 24 federal requirements.
 27 25    7.  The department shall exempt any public water supply
 27 26 system from any requirement respecting a maximum contaminant
 27 27 level or any treatment technique requirement of an applicable
 27 28 national drinking water regulation if these regulations apply
 27 29 to contaminants which the department determines are harmless
 27 30 or beneficial to the health of consumers and if the owner of a
 27 31 public water supply system determines that funds are not
 27 32 reasonably available to provide for controlling amounts of
 27 33 those contaminants which are harmless or beneficial to the
 27 34 health of consumers.
 27 35    Sec. 67.  Section 455B.187, unnumbered paragraph 1, Code
 28  1 2003, is amended to read as follows:
 28  2    A contractor shall not engage in well construction or
 28  3 reconstruction without first registering or being certified as
 28  4 required in this part and department rules adopted pursuant to
 28  5 this part.  If a well contractor is registered prior to July
 28  6 1, 1991, the well contractor shall meet the requirements of
 28  7 certification by July 1, 1993.  Following adoption of the
 28  8 rules establishing a well contractor certification program, a
 28  9 person seeking initial well contractor status shall meet the
 28 10 requirements established for certification.  Beginning July 1,
 28 11 1993, the department shall replace the registration program
 28 12 with the well certification program.  Water wells shall not be
 28 13 constructed, reconstructed, or abandoned by a person except as
 28 14 provided in this part or rules adopted pursuant to this part.
 28 15 Within thirty days after construction or reconstruction of a
 28 16 well, a contractor shall provide well information required by
 28 17 rule to the department and the Iowa geological survey.
 28 18    Sec. 68.  Section 455D.11I, subsection 4, Code 2003, is
 28 19 amended to read as follows:
 28 20    4.  A certificate of registration shall at all times be
 28 21 carried and displayed in the vehicle used for transportation
 28 22 of waste tires and shall be shown to a representative of the
 28 23 department of natural resources or the state department of
 28 24 transportation, upon request.  The state department of
 28 25 transportation may inspect vehicles used for the
 28 26 transportation of waste tires and request that the certificate
 28 27 of registration of the waste tire hauler be shown, upon
 28 28 request.
 28 29    Sec. 69.  Section 457A.2, subsection 2, Code 2003, is
 28 30 amended to read as follows:
 28 31    2.  "Natural and cultural resources" includes, but is not
 28 32 limited to, archaeological and historical resources.
 28 33    Sec. 70.  Section 459.102, subsection 18, Code 2003, is
 28 34 amended to read as follows:
 28 35    18.  Reserved "Department" means the department of natural
 29  1 resources created pursuant to section 455A.2.
 29  2    Sec. 71.  Section 459.102, subsection 40, Code 2003, is
 29  3 amended to read as follows:
 29  4    40.  "Restricted spray irrigation equipment" means spray
 29  5 irrigation equipment which disperses manure through an orifice
 29  6 at a rate maximum pressure of eighty pounds per square inch or
 29  7 more.
 29  8    Sec. 72.  Section 459.301, subsection 1, paragraph a, Code
 29  9 2003, is amended to read as follows:
 29 10    a.  At least one confinement feeding operation structure
 29 11 must be constructed on and or after May 21, 1998.
 29 12    Sec. 73.  Section 459.303, subsection 2, Code 2003, is
 29 13 amended to read as follows:
 29 14    2.  The department shall issue a construction permit upon
 29 15 approval of an application.  The department shall approve the
 29 16 application if the application is submitted to the county
 29 17 board of supervisors in the county where the proposed
 29 18 confinement feeding operation structure is to be located as
 29 19 required pursuant to section 459.304, and the application
 29 20 meets the requirements of this chapter.  If a county submits
 29 21 an approved recommendation pursuant to a construction
 29 22 evaluation resolution filed with the department, the
 29 23 application must also achieve a satisfactory rating produced
 29 24 by the master matrix used by the board or department under
 29 25 section 459.304.  The department shall approve the application
 29 26 regardless of whether the applicant is required to be issued a
 29 27 construction permit.
 29 28    Sec. 74.  Section 459.309, Code 2003, is amended to read as
 29 29 follows:
 29 30    459.309  SETTLED OPEN FEEDLOT EFFLUENT BASINS –
 29 31 CONSTRUCTION DESIGN STANDARDS.
 29 32    If the department requires that a settled open feedlot
 29 33 effluent basin be constructed according to construction design
 29 34 standards, regardless of whether the department requires the
 29 35 owner to be issued a construction permit under section
 30  1 459.103, any construction design standards for the basin shall
 30  2 be established by rule as provided in chapter 17A that
 30  3 exclusively account for special design characteristics of open
 30  4 feedlots and related basins, including but not limited to the
 30  5 dilute composition of settled open feedlot effluent as
 30  6 collected and stored in the basins.
 30  7    Sec. 75.  Section 459.501, subsection 2, Code 2003, is
 30  8 amended to read as follows:
 30  9    2.  The fund consists of moneys from indemnity fees
 30 10 remitted by permittees to the department as provided in
 30 11 section 459.502; moneys from indemnity fees remitted by
 30 12 persons required to submit manure management plans to the
 30 13 department pursuant to section 459.503; sums collected on
 30 14 behalf of the fund by the department through legal action or
 30 15 settlement; moneys required to be repaid to the department by
 30 16 a county pursuant to this subchapter; civil penalties assessed
 30 17 and collected by the department or the attorney general
 30 18 pursuant to chapter 455B, against animal feeding operations;
 30 19 moneys paid as a settlement involving an enforcement action
 30 20 for a civil penalty subject to assessment and collection
 30 21 against permittees by the department or the attorney general
 30 22 pursuant to chapter 455B; interest, property, and securities
 30 23 acquired through the use of moneys in the fund; or moneys
 30 24 contributed to the fund from other sources.
 30 25    Sec. 76.  Section 462A.12, subsection 6, Code 2003, is
 30 26 amended to read as follows:
 30 27    6.  An owner or operator shall not permit any person under
 30 28 twelve years of age to operate the personal watercraft unless
 30 29 accompanied in or on the same personal watercraft by a
 30 30 responsible person of at least eighteen years of age.
 30 31 However, commencing Commencing January 1, 2003, a person who
 30 32 is twelve years of age or older but less than eighteen years
 30 33 of age shall not operate any personal watercraft unless the
 30 34 person has successfully completed a department-approved
 30 35 watercraft safety course.  A person required to have a
 31  1 watercraft safety certificate shall carry and shall exhibit or
 31  2 make available the certificate upon request of an officer of
 31  3 the department.  A violation of this subsection is a simple
 31  4 misdemeanor as provided in section 462A.13.  However, a person
 31  5 charged with violating this subsection shall not be convicted
 31  6 if the person produces in court, within a reasonable time, a
 31  7 department-approved certificate.  The cost of a department
 31  8 certificate, or any duplicate, shall not exceed five dollars.
 31  9    Sec. 77.  Section 476A.23, subsection 3, paragraph b, Code
 31 10 2003, is amended to read as follows:
 31 11    b.  The electric power agency annually files with the
 31 12 utilities board, in a manner to be determined by the utilities
 31 13 board, information regarding sales from the electric power
 31 14 generating facility in sufficient detail to determine
 31 15 compliance with these provisions.
 31 16    Sec. 78.  Section 476A.23, subsection 3, paragraph b,
 31 17 unnumbered paragraph 2, Code 2003, is amended to read as
 31 18 follows:
 31 19    The utilities board shall report to the general assembly if
 31 20 any of the provisions are being violated.
 31 21    Sec. 79.  Section 490.202, subsection 2, paragraphs d and
 31 22 f, Code 2003, are amended to read as follows:
 31 23    d.  A provision eliminating or limiting the liability of a
 31 24 director to the corporation or its shareholders for money
 31 25 damages for any action taken, or any failure to take any
 31 26 action, as a director, except liability for any of the
 31 27 following:
 31 28    (1)  The amount of a financial benefit received by a
 31 29 director to which the director is not entitled.
 31 30    (2)  An intentional infliction of harm on the corporation
 31 31 or the shareholders.
 31 32    (3)  A violation of section 490.833.
 31 33    (4)  An intentional violation of criminal law.
 31 34    A provision shall not eliminate or limit the liability of a
 31 35 director for an act or omission occurring prior to the date
 32  1 when the provision in the articles of incorporation becomes
 32  2 effective.
 32  3    f.  A provision eliminating or limiting the liability of a
 32  4 director to the corporation or its shareholders for money
 32  5 damages for any action taken, or any failure to take any
 32  6 action, as a director, except liability for any of the
 32  7 following:
 32  8    (1)  The amount of a financial benefit received by a
 32  9 director to which the director is not entitled.
 32 10    (2)  An intentional infliction of harm on the corporation
 32 11 or the shareholders.
 32 12    (3)  A violation of section 490.833.
 32 13    (4)  An intentional violation of criminal law.
 32 14    A provision shall not eliminate or limit the liability of a
 32 15 director for an act or omission occurring prior to the date
 32 16 when the provision in the articles of incorporation becomes
 32 17 effective.
 32 18    Sec. 80.  Section 490.724, subsection 5, Code 2003, is
 32 19 amended to read as follows:
 32 20    5.  Corporate action based on the acceptance or rejection
 32 21 of a vote, consent, waiver, or proxy appointment under this
 32 22 section or section 490.722, subsection 2, is valid unless a
 32 23 court of competent jurisdiction determines otherwise.
 32 24    Sec. 81.  Section 490.727, subsection 2, Code 2003, is
 32 25 amended to read as follows:
 32 26    2.  An amendment to the articles of incorporation or bylaws
 32 27 that adds, changes, or deletes a greater quorum or voting
 32 28 requirement must meet the same quorum requirement and be
 32 29 adopted by the same vote and voting groups required to take
 32 30 action under the quorum and voting requirements then in effect
 32 31 or proposed to be adopted, whichever is greater.
 32 32    Sec. 82.  Section 490.831, subsection 3, paragraphs a and
 32 33 b, Code 2003, are amended to read as follows:
 32 34    a.  In any instance where fairness is at issue, such as
 32 35 consideration of the fairness of a transaction to the
 33  1 corporation under section 490.861, subsection 2, paragraph "c"
 33  2 490.832, alter the burden of proving the fact or lack of
 33  3 fairness otherwise applicable.
 33  4    b.  Alter the fact or lack of liability of a director under
 33  5 another section of this chapter, such as the provisions
 33  6 governing the consequences of an unlawful distribution under
 33  7 section 490.833 or a transactional interest under section
 33  8 490.861 490.832.
 33  9    Sec. 83.  Section 490.851, subsection 1, Code 2003, is
 33 10 amended to read as follows:
 33 11    1.  Except as otherwise provided in this section, a
 33 12 corporation may indemnify an individual who is a party to a
 33 13 proceeding because the individual is a director against
 33 14 liability incurred in the proceeding if all either of the
 33 15 following apply:
 33 16    a.  All of the following apply:
 33 17    a. (1)  The individual acted in good faith.
 33 18    b. (2)  The individual reasonably believed:
 33 19    (1) (a)  In the case of conduct in the individual's
 33 20 official capacity, that the individual's conduct was in the
 33 21 best interests of the corporation.
 33 22    (2) (b)  In all other cases, that the individual's conduct
 33 23 was at least not opposed to the best interests of the
 33 24 corporation.
 33 25    c. (3)  In the case of any criminal proceeding, the
 33 26 individual had no reasonable cause to believe the individual's
 33 27 conduct was unlawful, or the.
 33 28    b.  The individual engaged in conduct for which broader
 33 29 indemnification has been made permissible or obligatory under
 33 30 a provision of the articles of incorporation as authorized by
 33 31 section 490.202, subsection 2, paragraph "e".
 33 32    Sec. 84.  Section 490.856, subsection 2, Code 2003, is
 33 33 amended to read as follows:
 33 34    2.  The provisions of subsection 1, paragraph "b", shall
 33 35 apply to an officer who is also a director if the basis on
 34  1 which the officer is made a party to a proceeding is an act or
 34  2 omission action taken or a failure to take an action solely as
 34  3 an officer.
 34  4    Sec. 85.  Section 490.1323, subsection 3, Code 2003, is
 34  5 amended to read as follows:
 34  6    3.  A shareholder who does not demand payment or execute
 34  7 and return the form and, in the case of certificated shares,
 34  8 deposit the shareholder's share certificates where required,
 34  9 each by the date set forth in the dissenters' notice described
 34 10 in section 490.1322, subsection 2, shall not be entitled to
 34 11 payment for the shareholder's shares under this division.
 34 12    Sec. 86.  Section 490.1324, subsection 2, paragraph c, Code
 34 13 2003, is amended to read as follows:
 34 14    c.  A statement that shareholders described in subsection 1
 34 15 have the right to demand further payment under section
 34 16 490.1326 and that if any such shareholder does not do so
 34 17 within the time period specified therein, such shareholder
 34 18 shall be deemed to have accepted such the payment to the
 34 19 shareholder pursuant to subsection 1 in full satisfaction of
 34 20 the corporation's obligations under this chapter.
 34 21    Sec. 87.  Section 490.1404, subsection 1, Code 2003, is
 34 22 amended to read as follows:
 34 23    1.  A corporation may revoke its dissolution within one
 34 24 hundred twenty days of its the effective date of its articles
 34 25 of dissolution.
 34 26    Sec. 88.  Section 502.102, subsection 13, paragraph c, Code
 34 27 2003, is amended to read as follows:
 34 28    c.  With respect to a viatical settlement investment
 34 29 contract, "issuer" means a person involved in creating,
 34 30 transferring, or selling to an investor any interest in such a
 34 31 contract, including but not limited to fractional or pooled
 34 32 interests, but does not include an agent or a broker-dealer.
 34 33    Sec. 89.  Section 502.202, subsection 19, unnumbered
 34 34 paragraph 1, Code 2003, is amended to read as follows:
 34 35    A viatical settlement investment contract, or fractional or
 35  1 pooled interest in such contract, provided any of the
 35  2 following conditions are satisfied:
 35  3    Sec. 90.  Section 508E.3A, subsection 1, paragraph b, Code
 35  4 2003, is amended to read as follows:
 35  5    b.  The national association of insurance commissioners,
 35  6 the insurance division of the department of commerce, a
 35  7 federal or state governmental agency or bureau established to
 35  8 detect and prevent fraudulent insurance or viatical settlement
 35  9 acts, or any other organization established for such purpose,
 35 10 and their agents, employees, or designees.
 35 11    Sec. 91.  Section 537.1301, subsection 4, paragraph b, Code
 35 12 2003, is amended to read as follows:
 35 13    b.  In the case of a loan, the net amount paid to,
 35 14 receivable by, or paid or payable for the account of the
 35 15 debtor, plus the amount of any discount excluded from the
 35 16 finance charge under subsection 20 19, paragraph "b,"
 35 17 subparagraph 3, plus additional charges if permitted under
 35 18 paragraph "c" of this subsection.
 35 19    Sec. 92.  Section 542.13, subsection 16, paragraph d, Code
 35 20 2003, is amended to read as follows:
 35 21    d. 17.  Nothing contained in this chapter shall be
 35 22 construed to authorize any person engaged in the practice as a
 35 23 certified public accountant or licensed public accountant or
 35 24 any member or employee of such firm to engage in the practice
 35 25 of law individually or within entities licensed under this
 35 26 chapter.
 35 27    Sec. 93.  Section 542.19, subsection 1, paragraph a, Code
 35 28 2003, is amended to read as follows:
 35 29    a.  The other state's licensing or certification standards
 35 30 are substantially equivalent to those required by this
 35 31 chapter.
 35 32    Sec. 94.  Section 544B.12, Code 2003, is amended to read as
 35 33 follows:
 35 34    544B.12  SEAL.
 35 35    Every professional landscape architect shall have a seal,
 36  1 approved by the board, which shall contain the name of the
 36  2 landscape architect and the words "Professional Landscape
 36  3 Architect, State of Iowa", and such other words or figures as
 36  4 the board may deem necessary.  All landscape architectural
 36  5 plans and specifications, prepared by such professional
 36  6 landscape architect or under the supervision of such
 36  7 professional landscape architect, shall be dated and bear the
 36  8 legible seal of such professional landscape architect.
 36  9 Nothing contained in this section shall be construed to permit
 36 10 the seal of a professional landscape architect to serve as a
 36 11 substitute for the seal of a licensed architect, a licensed
 36 12 professional engineer, or a licensed land surveyor whenever
 36 13 the seal of an architect, engineer or land surveyor is
 36 14 required under the laws of this state.
 36 15    Sec. 95.  Section 554.9701, Code 2003, is amended to read
 36 16 as follows:
 36 17    554.9701  EFFECTIVE DATE.
 36 18    This The amendments to this Article takes as enacted in
 36 19 2000 Iowa Acts, chapter 1149, take effect on July 1, 2001, and
 36 20 are applicable on and after that date.
 36 21    Sec. 96.  Section 554D.118, subsection 4, Code 2003, is
 36 22 amended to read as follows:
 36 23    4.  Except as otherwise agreed, a person having control of
 36 24 a transferable record is the holder, as defined in section
 36 25 554.1201, of the transferable record and has the same rights
 36 26 and defenses as a holder of an equivalent record or writing
 36 27 under chapter 554, including, if the applicable statutory
 36 28 requirements under section 554.3302, subsection 1, section
 36 29 554.7501, or section 554.9308 554.9330 are satisfied, the
 36 30 rights and defenses of a holder in due course, a holder to
 36 31 which a negotiable document of title has been duly negotiated,
 36 32 or a purchaser, respectively.  Delivery, possession, and
 36 33 endorsement are not required to obtain or exercise any of the
 36 34 rights under this subsection.
 36 35    Sec. 97.  Section 554D.120, subsection 4, Code 2003, is
 37  1 amended to read as follows:
 37  2    4.  Except as otherwise provided in subsection 2 and in
 37  3 section 554D.114, subsection 6, this chapter does not require
 37  4 a governmental agency of this state to use or permit the use
 37  5 of electronic records or electronic signatures.
 37  6    Sec. 98.  Section 556.1, subsection 3, Code 2003, is
 37  7 amended to read as follows:
 37  8    3.  "Cooperative association" means an entity which is
 37  9 structured and operated on a cooperative basis, including an
 37 10 association of persons organized under chapter 497, 498, or
 37 11 499; an entity composed of entities organized under those
 37 12 chapters; a cooperative corporation organized under chapter
 37 13 501; a cooperative association organized under chapter 490; or
 37 14 any other entity recognized pursuant to 26 U.S.C. } 1381(a)
 37 15 which meets the definitional requirements of an association as
 37 16 provided in 12 U.S.C. } 1141(j)(a) or 7 U.S.C. } 291.
 37 17    Sec. 99.  Section 598.7A, subsection 5, Code 2003, is
 37 18 amended to read as follows:
 37 19    5.  The supreme court shall prescribe qualifications for
 37 20 mediators under this section on or before January 1, 2001.
 37 21 The qualifications shall include but are not limited to the
 37 22 ethical standards to be observed by mediators.  The
 37 23 qualifications shall not include a requirement that the
 37 24 mediator be licensed to practice any particular profession.
 37 25    Sec. 100.  Section 600.13, subsection 1, Code 2003, is
 37 26 amended to read as follows:
 37 27    1.  At the conclusion of the adoption hearing, the juvenile
 37 28 court or court shall do one of the following:
 37 29    a.  Issue a final adoption decree; decree.
 37 30    b.  Issue an interlocutory adoption decree; or, decree.
 37 31    c.  Issue a standby adoption decree pursuant to section
 37 32 600.14A.
 37 33    d.  Dismiss the adoption petition if the requirements of
 37 34 this chapter have not been met or if dismissal of the adoption
 37 35 petition is in the best interest of the person whose adoption
 38  1 has been petitioned.  Upon dismissal, the juvenile court or
 38  2 court shall determine who is to be guardian or custodian of a
 38  3 minor child, including the adoption petitioner if it is in the
 38  4 best interest of the minor person whose adoption has been
 38  5 petitioned.
 38  6    Sec. 101.  Section 602.8105, subsection 1, paragraph e,
 38  7 Code 2003, is amended to read as follows:
 38  8    e.  For an appeal from a judgment in small claims or for
 38  9 filing and docketing a writ of error, seventy-five dollars.
 38 10    Sec. 102.  Section 633.4105, subsection 2, paragraph b,
 38 11 subparagraph (1), Code 2003, is amended to read as follows:
 38 12    (1)  By majority vote of all qualified beneficiaries, who
 38 13 are adults, and the representative of any minor or incompetent
 38 14 qualified beneficiary, as defined by provided in section
 38 15 633.6303.
 38 16    Sec. 103.  Section 637.603, subsection 2, unnumbered
 38 17 paragraph 1, Code 2003, is amended to read as follows:
 38 18    The trustee sends written notice of the trustee's intention
 38 19 to take any action described in subsection 1 section 637.602,
 38 20 along with copies of such written policy and this subchapter,
 38 21 to all of the following persons:
 38 22    Sec. 104.  Section 637.605, subsection 3, unnumbered
 38 23 paragraph 1, Code 2003, is amended to read as follows:
 38 24    The trustee sends written notice of the trustee's intention
 38 25 to take any action described in subsection 1 section 637.604,
 38 26 along with copies of such written policy, this subchapter, and
 38 27 the determination of the disinterested person to all of the
 38 28 following persons:
 38 29    Sec. 105.  Section 717A.2, subsection 3, paragraph a, Code
 38 30 2003, is amended to read as follows:
 38 31    a.  A person who violates subsection 1, paragraph "a", is
 38 32 guilty of a class "C" felony if the injury to or death of an
 38 33 animal or damage to property exceeds fifty thousand dollars, a
 38 34 class "D" felony if the injury to or death of an animal or
 38 35 damage to property exceeds five hundred dollars but does not
 39  1 exceed fifty thousand dollars, an aggravated misdemeanor if
 39  2 the injury to or death of an animal or damage to property
 39  3 exceeds one hundred dollars but does not exceed five hundred
 39  4 dollars, a serious misdemeanor if the injury to or death of an
 39  5 animal or damage to property exceeds fifty dollars but does
 39  6 not exceed one hundred dollars, or a simple misdemeanor if the
 39  7 injury to or death of an animal or damage to property does not
 39  8 exceed fifty dollars.
 39  9    Sec. 106.  Section 910.1, subsection 4, Code 2003, is
 39 10 amended to read as follows:
 39 11    4.  "Restitution" means payment of pecuniary damages to a
 39 12 victim in an amount and in the manner provided by the
 39 13 offender's plan of restitution.  "Restitution" also includes
 39 14 fines, penalties, and surcharges, the contribution of funds to
 39 15 a local anticrime organization which provided assistance to
 39 16 law enforcement in an offender's case, the payment of crime
 39 17 victim compensation program reimbursements, payment of
 39 18 restitution to public agencies pursuant to section 321J.2,
 39 19 subsection 9, paragraph "b", court costs including
 39 20 correctional fees approved pursuant to section 356.7, court-
 39 21 appointed attorney fees ordered pursuant to section 815.9,
 39 22 including the expense of a public defender, and the
 39 23 performance of a public service by an offender in an amount
 39 24 set by the court when the offender cannot reasonably pay all
 39 25 or part of the court costs including correctional fees
 39 26 approved pursuant to section 356.7, or court-appointed
 39 27 attorney fees ordered pursuant to section 815.9, including the
 39 28 expense of a public defender.
 39 29    Sec. 107.  2002 Iowa Acts, chapter 1137, section 68,
 39 30 subsection 2, is amended by adding the following new
 39 31 unnumbered paragraph:
 39 32    NEW UNNUMBERED PARAGRAPH.  The Code editor is directed to
 39 33 strike section 455I.1, unnumbered paragraph 1, Code 2001, and
 39 34 section 455I.1, subsection 5, Code 2001.
 39 35    Sec. 108.  2001 Iowa Acts, Second Extraordinary Session,
 40  1 chapter 6, section 26, is amended to read as follows:
 40  2    SEC. 26.  RETROACTIVE APPLICABILITY AND EFFECTIVE DATES.
 40  3    1.  This division of this Act is retroactively applicable
 40  4 to July 1, 2001, and is applicable on and after that date.
 40  5    2.  The effective date of sections 21 through 24 of this
 40  6 division of this Act shall be the later of July 1, 2002, or
 40  7 upon the legislative enactment of the interstate compact for
 40  8 adult offender supervision by the thirty-fifth jurisdiction.
 40  9 The director of the department of corrections shall notify the
 40 10 Code editor upon the enactment of the compact by the thirty-
 40 11 fifth jurisdiction.
 40 12    Sec. 109.  1988 Iowa Acts, chapter 1182, sections 4 and 5,
 40 13 are repealed.
 40 14    Sec. 110.  1988 Iowa Acts, chapter 1182, section 6, is
 40 15 amended to read as follows:
 40 16    SEC. 6.  EFFECTIVE DATE.  This Act takes effect July 1,
 40 17 1989.  Sections 4 and 5 take effect when the authority
 40 18 determines that degradable products are available to a degree
 40 19 which makes compliance reasonably possible.  The authority
 40 20 shall establish the effective date by rule adopted under
 40 21 chapter 17A.
 40 22    Sec. 111.  Section 11.24, Code 2003, is repealed.
 40 23    Sec. 112.  Section 236.15B, Code 2003, is repealed.
 40 24    Sec. 113.  Section 443.23, Code 2003, is repealed.
 40 25    Sec. 114.  Section 558.1A, Code 2003, is repealed.
 40 26    Sec. 115.  AUTHORIZATION TO CODE EDITOR – REFERENCE
 40 27 CHANGES.
 40 28    1.  The Code editor may add any or all of the following
 40 29 references in the 2003 Code Supplement or in the 2005 Code as
 40 30 deemed proper by the Code editor:
 40 31    a.  The Code editor may include the phrase "as provided in
 40 32 chapter 17A" or ", chapter 17A," following the language "Iowa
 40 33 administrative procedure Act" if the language does not provide
 40 34 a reference to chapter 17A or a section of that chapter.
 40 35    b.  The Code editor may include the phrase "as provided in
 41  1 chapter 537" or ", chapter 537," following the language "Iowa
 41  2 consumer credit code" if the language does not provide a
 41  3 reference to chapter 537 or a section of that chapter.
 41  4    c.  The Code editor may include the phrase "as provided in
 41  5 chapter 554" or ", chapter 554," following the language
 41  6 "uniform commercial code" or "Iowa uniform commercial code" if
 41  7 the language does not provide a reference to chapter 554 or a
 41  8 section of that chapter.
 41  9    d.  The Code editor may include the phrase "as provided in
 41 10 section 103A.7" or ", section 103A.7," following the language
 41 11 "state building code" if the language does not provide a
 41 12 reference to chapter 103A or section 103A.7.
 41 13    2.  The Code editor may substitute the term "division" for
 41 14 the "division of criminal investigation of the department of
 41 15 public safety" wherever it appears in chapter 99F.
 41 16    Sec. 116.  AUTHORIZATION TO CODE EDITOR – TRANSFER.  The
 41 17 Code editor may transfer section 126.24 to a new chapter 708B
 41 18 or another chapter deemed appropriate by the Code editor.
 41 19    Sec. 117.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
 41 20    1.  The sections of this Act amending sections 159.6 and
 41 21 173.3, as amended by 2002 Iowa Acts, chapter 1017, take effect
 41 22 July 1, 2005.
 41 23    2.  The section of this Act amending section 554.9701,
 41 24 being deemed of immediate importance, takes effect upon
 41 25 enactment and applies retroactively to July 1, 2001.
 41 26    3.  The section of this Act amending 2001 Iowa Acts, Second
 41 27 Extraordinary Session, chapter 6, section 26, being deemed of
 41 28 immediate importance, takes effect upon enactment.  
 41 29                           EXPLANATION
 41 30    This bill contains statutory corrections that adjust
 41 31 language to reflect current practices, insert earlier
 41 32 omissions, delete redundancies and inaccuracies, delete
 41 33 temporary language, resolve inconsistencies and conflicts,
 41 34 update ongoing provisions, or remove ambiguities.  The Code
 41 35 sections amended include all of the following:
 42  1    Code section 6B.18:  Clarifies that both the adverse party
 42  2 (or the party's representative) and any lienholder or
 42  3 encumbrancer must receive the notice of appraisement under
 42  4 eminent domain procedures.
 42  5    Code sections 8D.2 and 8D.9:  Transfers a provision
 42  6 regulating the use of the Iowa communications network for
 42  7 homeland security use by public agencies from a definitional
 42  8 Code section to a Code section specifically providing for
 42  9 network use.
 42 10    Code sections 10A.101 and 124C.1:  Eliminates the
 42 11 definitions of the terms "book", "list", "record", and
 42 12 "schedule" in the Code chapters establishing the department of
 42 13 inspections and appeals and providing for the cleanup of
 42 14 clandestine laboratory sites used to manufacture controlled
 42 15 substances since the Code chapters do not refer to these types
 42 16 of items kept by county officials.
 42 17    Code section 10B.4A:  Combines provisions which suspend
 42 18 certain filing requirements for foreign entities holding
 42 19 agricultural land in this state within the same Code section
 42 20 and corrects a reference to Code section 9I.7.
 42 21    Code section 10D.2:  Corrects a spelling error in a
 42 22 provision which authorizes a qualified enterprise to hold
 42 23 agricultural land for activities related to the production of
 42 24 baby chicks and fertilized chicken eggs.
 42 25    Code section 12C.19:  Deletes a comma to remove an
 42 26 ambiguity relating to applicability of certain approval
 42 27 requirements to withdrawal of securities from credit unions
 42 28 and conforms language relating to the withdrawal of securities
 42 29 from depositories to language contained in a succeeding
 42 30 sentence.
 42 31    Code section 12C.23A:  Eliminates a duplicative phrase in a
 42 32 provision for indemnification against losses by depositors of
 42 33 a closed bank.
 42 34    Code section 13B.4:  Changes a reference from "appropriate
 42 35 and reasonable" to "reasonable and necessary" to conform to
 43  1 other references in the same Code section to the standard used
 43  2 by the state public defender when reviewing and approving
 43  3 claims for payment of indigent defense costs.
 43  4    Code section 14B.105:  Corrects an internal reference to
 43  5 certain types of members in a provision which establishes the
 43  6 terms of office for members of the information technology
 43  7 council.
 43  8    Code section 15.108:  Deletes a reference to the council on
 43  9 human investment, which was repealed by 2000 Acts, chapter
 43 10 1231.
 43 11    Code sections 15E.45, 15E.51, and 15E.67:  Corrects a
 43 12 reference to the name of the community-based seed capital
 43 13 fund, corrects grammatical usages, reorganizes a provision to
 43 14 improve its readability, and substitutes codified section
 43 15 numbers for references to an enacted House File.
 43 16    Code section 15E.193C:  Uses a singular rather than a
 43 17 plural noun in a provision relating to financial assistance to
 43 18 eligible businesses located in enterprise zones.
 43 19    Code sections 16.15 and 16.132:  Substitutes the word
 43 20 "chapter" for "Act" (referring to the authority's enabling
 43 21 legislation) in a provision which authorizes the use of
 43 22 revenue sources to support the Iowa finance authority's
 43 23 housing assistance payments program.  Corrects terminology in
 43 24 an Iowa finance authority's program to support municipalities
 43 25 to be consistent with language in Code chapter 455B providing
 43 26 for an Iowa water pollution control works and drinking water
 43 27 facilities financing program.
 43 28    Code section 23A.2:  Corrects grammatical errors in
 43 29 exceptions applicable to the state board of regents and school
 43 30 corporations from certain private enterprise competition
 43 31 restrictions.
 43 32    Code section 25B.7:  Strikes a subsection determining
 43 33 property tax credit and exemption reimbursement amounts which
 43 34 by its own terms was repealed on June 30, 2002.
 43 35    Code section 28.4:  Eliminates the authority to establish a
 44  1 summit to consider issues of funding and services as part of
 44  2 the community empowerment initiative since the authority
 44  3 expired at the end of 2001.
 44  4    Code section 29B.22:  Eliminates a reference to the
 44  5 position of state judge advocate in the military justice code
 44  6 and conforms the language to changes made in 2002 Acts,
 44  7 chapter 1117.
 44  8    Code sections 43.45, 45.5, 48A.29, and 49.71:  These Code
 44  9 sections relate to election laws.
 44 10    Code section 45.5:  Changes an incorrect reference from
 44 11 Code section 45.1 to Code section 39.27, in language referring
 44 12 to residency requirements for candidates and conforms the
 44 13 statement requirements to the requirements in Code section
 44 14 39.27.  Grammatical changes are also made in the section.
 44 15    Code section 43.45:  Corrects an internal reference to
 44 16 procedures used to canvass votes and eliminates an unneeded
 44 17 preposition.
 44 18    Code section 48A.29:  Eliminates a description of why
 44 19 identification must be shown if a voter registration card is
 44 20 not returned as the requirements are also set out in the same
 44 21 Code section and in Code section 48A.27.
 44 22    Code section 49.71:  Eliminates a reference to a "card of
 44 23 instructions" in conformity with Code section 49.70 which
 44 24 allows instructions to be distributed to precinct election
 44 25 officials for posting at election sites in other formats.
 44 26    Code section 56.4:  Substitutes the correct preposition in
 44 27 a provision relating to campaign finance reports which are
 44 28 required to be filed with the Iowa ethics and campaign
 44 29 disclosure board.
 44 30    Code section 80.22:  Replaces the phrase "this Act" with
 44 31 the appropriate reference to the 1939 Iowa Acts in a provision
 44 32 restricting agencies other than the department of public
 44 33 safety from exercising police powers.
 44 34    Code sections 97B.17 and 97B.42C:  Internally renumbers
 44 35 Code section 97B.17, which provides for the release of certain
 45  1 retirement system records which might be considered
 45  2 confidential.  Provides that the Iowa public employees'
 45  3 retirement system (IPERS) division rather than the system is
 45  4 authorized to adopt rules necessary to effectuate mergers of
 45  5 municipal water utility or waterworks pension and annuity
 45  6 retirement systems into IPERS.
 45  7    Code sections 99B.7, 99B.12, and 99F.1:  These Code
 45  8 sections are organized within Code chapters providing for
 45  9 gambling, including games of chance or skill and raffles, and
 45 10 wagering on excursion boats and at racetracks.  Strikes a
 45 11 reference in Code section 99B.7, which provides for
 45 12 restrictions upon persons allowed to conduct or promote a
 45 13 bingo occasion.  The reference derives from a correction to a
 45 14 previously incorrect reference which was made in 2002 Acts,
 45 15 chapter 1068, } 7, but the language to which the reference
 45 16 then referred was stricken in } 10 of the same Act (now
 45 17 incorrect after being renumbered in the 2003 Code).  Corrects
 45 18 a reference to "game" rather than "same" in Code section
 45 19 99B.12, which allows playing certain card and parlor games.
 45 20 Adds a definition of "division" to mean the division of
 45 21 criminal investigation within the department of public safety
 45 22 to Code section 99F.1 which provides definitions for the
 45 23 chapter regulating excursion boats and racetracks.
 45 24    Code section 135.11, subsection 17:  Adds Code chapter
 45 25 142A, relating to tobacco use prevention and control, to the
 45 26 list of chapters administered by the department of public
 45 27 health.  The department is the administering agency under Code
 45 28 chapter 142A.
 45 29    Code section 137F.1, subsection 8, paragraph "e":
 45 30 Clarifies that the exclusion from the definition of "food
 45 31 establishment" applies if certain food is not sold or
 45 32 distributed from the premises.
 45 33    Code section 153.33, subsection 5:  Adds "or registrant"
 45 34 after "licensee" to reflect 2002 change adding dental
 45 35 assisting and registration of dental assistants to applicable
 46  1 disciplinary sections.
 46  2    Code sections 159.6 and 173.3:  Corrects internal
 46  3 references to Code chapter 176A, effective July 1, 2005, which
 46  4 were omitted when the repeal of Code chapter 176 was enacted
 46  5 in 2002 Iowa Acts, chapter 1017.
 46  6    Code section 159A.3:  Eliminates references to the Wallace
 46  7 technology transfer foundation of Iowa, which was repealed by
 46  8 1999 Iowa Acts, chapter 208.
 46  9    Code sections 192.101A, 192.102, and 192.110:  Updates
 46 10 references to reflect the latest revision of the "Grade 'A'
 46 11 Pasteurized Milk Ordinance".  The department of agriculture
 46 12 and land stewardship administers the federal provisions
 46 13 relating to pasteurizing of milk, which have been revised.
 46 14    Code sections 229A.8A and 229A.10:  Makes terminology
 46 15 relating to sexually violent predators consistent with
 46 16 terminology used in the rest of the sections.
 46 17    Code sections 232.68 and 235A.13:  Adds Code section
 46 18 235A.24 to list of sections to which these definitional
 46 19 sections apply.  Code section 235A.24 was enacted in 2000.
 46 20    Code section 232.71B:  Clarifies that the attorney
 46 21 representing a person alleged to have committed child abuse
 46 22 may, on behalf of the person, decline the offer of a child
 46 23 abuse assessment interview by the department.
 46 24    Code sections 236.2 and 236.3:  Removes the definition of
 46 25 "plaintiff" relating to commencement of actions in domestic
 46 26 abuse cases from substantive Code section 236.3 and places the
 46 27 definition in Code section 236.2, the definitions section for
 46 28 the chapter.
 46 29    Code section 237A.29:  Substitutes the proper preposition
 46 30 and specifies the particular suspension referred to in
 46 31 language authorizing the filing of a petition for an
 46 32 injunction relating to obtaining public funding for child care
 46 33 by fraudulent means.
 46 34    Code section 277.23, subsection 2:  Provides consistency in
 46 35 language relating to when the number of directors on the board
 47  1 of a school district must be increased due to a city's
 47  2 population of 15,000 or more.
 47  3    Code section 284.11, subsection 2:  Harmonizes two
 47  4 different enactments, which amended the subsection in 2001,
 47  5 and relate to sharing of a single cash award under a pilot
 47  6 program for team-based variable pay for teachers based on
 47  7 student achievement.
 47  8    Code section 321E.8:  Adds "manufactured or" before the
 47  9 term "mobile homes" in language regarding annual permits for
 47 10 certain vehicles.  "Manufactured or mobile homes" is the term
 47 11 defined in Code chapter 321E.
 47 12    Code sections 321G.4, 321G.19, and 321G.33:  Changes the
 47 13 term "identification" number to refer to either the
 47 14 "registration" or "vehicle identification" number in these
 47 15 Code sections to clarify which identification number is being
 47 16 referenced.  2002 Iowa Acts, chapter 1027, enacted Code
 47 17 sections 321G.5 and 321G.33, which requires the display of
 47 18 identification numbers, but several types of identification
 47 19 numbers are referred to within the Code chapter.
 47 20    Code section 446.9:  Inserts several conjunctions to
 47 21 correct grammatical usage relating to the required content of
 47 22 the notice and publication for annual tax sales held by county
 47 23 treasurers.
 47 24    Code section 455B.105:  Changes specific references to Code
 47 25 chapter 459, subchapters I through IV and VI, to general
 47 26 references to Code chapter 459 in a provision relating to
 47 27 rulemaking authority of the environmental protection
 47 28 commission.
 47 29    Code section 455B.171:  Deletes a definition of "open
 47 30 feedlot" in Code chapter 455B relating to water quality.  The
 47 31 term is no longer used in that Code chapter.  Provisions
 47 32 relating to feedlots were transferred to Code chapter 459 in
 47 33 Code 2003.
 47 34    Code section 455B.183:  Internally renumbers and
 47 35 redesignates the Code section dealing with public water supply
 48  1 permits to improve readability and comprehension.
 48  2    Code section 455B.187:  Eliminates outdated provisions
 48  3 relating to water well contractor registration.
 48  4    Code section 455D.11I:  Deletes redundant requesting
 48  5 language in a provision requiring waste tire haulers to carry
 48  6 a certificate of registration and show such certificate upon
 48  7 request of the state department of transportation.
 48  8    Code section 457A.2:  Changes the defined term "natural
 48  9 resources" to "natural and cultural resources" to agree with
 48 10 usage of the term in Code chapter 457A.
 48 11    Code section 459.102(18):  Adds a definition of
 48 12 "department" to Code chapter 459.  The definition was
 48 13 inadvertently omitted when provisions relating to animal
 48 14 agriculture compliance were transferred to the Code chapter in
 48 15 Code 2003.
 48 16    Code section 459.102(40):  In the definition of "restricted
 48 17 spray irrigation equipment", substitutes "maximum pressure"
 48 18 for "rate" in describing the means by which manure is
 48 19 dispersed.  A similar change was made in the 2000 Code
 48 20 editor's bill, 2000 Iowa Acts, chapter 1154, section 31.
 48 21    Code section 459.301:  In provision relating to one of the
 48 22 means for determining whether two or more confinement feeding
 48 23 operations are adjacent, clarifies that one of the confinement
 48 24 feeding operation structures must be constructed on or after a
 48 25 certain date rather than on and after that date.
 48 26    Code section 459.303(2):  Inserts "structure" following
 48 27 "confinement feeding operation" in provision relating to
 48 28 approval of applications for construction of confinement
 48 29 feeding operation structures.
 48 30    Code section 459.309:  Specifies that design standards
 48 31 required by the department of natural resources for settled
 48 32 open feedlots effluent basins are construction design
 48 33 standards.
 48 34    Code section 459.501:  Deletes references to inclusion of
 48 35 moneys received from civil penalties collected for violations
 49  1 of certain animal feeding operations provisions and from
 49  2 enforcement action settlements under Code chapter 455B in the
 49  3 manure storage indemnity fund.  2002 Iowa Acts, chapter 1137,
 49  4 directed that such moneys be deposited in the animal
 49  5 agriculture compliance fund.
 49  6    Code section 462A.12:  Clarifies that the requirement that
 49  7 a person aged 12 to 18 successfully complete a watercraft
 49  8 safety course before operating personal watercraft is in
 49  9 addition to the requirement that the person be accompanied in
 49 10 or on the personal watercraft by a responsible person of at
 49 11 least 18 years of age.
 49 12    Code section 476A.23:  Clarifies that the "board" given
 49 13 certain authority in provisions relating to issuance of public
 49 14 bonds or obligations by an electric power agency is the
 49 15 utilities board.
 49 16    Code section 490.202:  Deletes paragraph "f", in a
 49 17 provision relating to limitations on corporate director
 49 18 liability in articles of incorporation, to eliminate language
 49 19 that was identical to the language in paragraph "d".  Language
 49 20 contained in an unnumbered paragraph in paragraph "f", which
 49 21 is not redundant, is added to paragraph "d".
 49 22    Code section 490.724:  Deletes a reference to Code section
 49 23 490.722, which pertains to authorization of electronic
 49 24 transmissions by shareholders and shareholders' agents or
 49 25 attorneys-in-fact to conform the provision to the model
 49 26 business corporation Act.
 49 27    Code section 490.727:  Adds the words "or bylaws" in
 49 28 language relating to the quorum and voting requirements
 49 29 applicable to amendments to the bylaws which relate to quorum
 49 30 and voting requirements.  This is consistent with the language
 49 31 found in Code section 490.1021, relating to the amendment of
 49 32 bylaws.
 49 33    Code section 490.831:  Corrects two incorrect references to
 49 34 Code section 490.861, which does not exist in the Code, to
 49 35 reflect a reference to Code section 490.832, which describes
 50  1 various types of transactions which constitute conflicts of
 50  2 interest for members of corporate boards of directors.
 50  3    Code section 490.851:  Conforms the provision to the
 50  4 corresponding provision section 8.51 of the Iowa business
 50  5 corporation Act, which is based on the model business
 50  6 corporation Act of the American bar association.  The current
 50  7 Code language deviates from the model Act in that it limits
 50  8 the applicability of indemnification when the articles of
 50  9 incorporation so authorize to criminal proceedings only.  The
 50 10 2002 amendments to Code chapter 490, contained in 2002 Iowa
 50 11 Acts, chapter 1154, are taken from the Iowa business
 50 12 corporation Act.
 50 13    Code section 490.856:  Makes a grammatical change in
 50 14 language relating to the basis on which a corporate officer
 50 15 may be made a party to a proceeding.
 50 16    Code section 490.1323:  Deletes references to certain
 50 17 requirements for a shareholder's perfection of any appraisal
 50 18 rights that were eliminated in the 2002 legislation revising
 50 19 Code chapter 490.  The deletions include a reference to a
 50 20 requirement that the shareholder "demand payment" in order to
 50 21 perfect the shareholder's appraisal rights, which is not a
 50 22 requirement in the Code chapter, and a reference to a
 50 23 "dissenters' notice" that is now referred to as an "appraisal
 50 24 notice".
 50 25    Code section 490.1324:  Clarifies that "such payment" means
 50 26 the payment made to a shareholder by a corporation for the
 50 27 fair value of the shareholder's shares, as determined by the
 50 28 corporation, rather than the shareholder's demand for further
 50 29 payment, in a provision relating to shareholders' rights in
 50 30 regard to certain proposed corporate actions.
 50 31    Code section 490.1404:  Clarifies the phrase "its effective
 50 32 date" by specifying that a corporation may revoke its
 50 33 dissolution within 120 days of "the effective date of its
 50 34 articles of dissolution".
 50 35    Code sections 502.102 and 502.202:  Adds "investment" to
 51  1 the term "viatical settlement contract" in conformance with
 51  2 the defined term otherwise used in the sections.
 51  3    Code section 508E.3A:  Clarifies the term "insurance
 51  4 division" to mean the "insurance division of the department of
 51  5 commerce" in the Code chapter relating to viatical settlement
 51  6 contracts.
 51  7    Code section 537.1301:  Corrects a reference in a
 51  8 definition of the term "amounts financed" in the consumer
 51  9 credit code to correctly refer to the term "finance charges",
 51 10 in subsection 19 rather than to the term "gift certificate" in
 51 11 subsection 20.
 51 12    Code section 542.13:  Renumbers subsection 16, paragraph
 51 13 "d" as subsection 17 in a provision relating to the licensing
 51 14 of public accountants.
 51 15    Code section 542.19:  Adds words "or certification" to a
 51 16 provision relating to the licensing of public accountants by
 51 17 other states.
 51 18    Code section 544B.12:  Amends a provision relating to the
 51 19 use of a professional landscape architect seal by specifying
 51 20 that "land surveyor" means "a licensed land surveyor".
 51 21    Code section 554.9701:  In relation to the effective date
 51 22 of amendments to the uniform commercial code, article 9,
 51 23 secured transactions, by clarifying the sentence "This Article
 51 24 takes effect on July 1, 2001." to mean "The amendments to this
 51 25 Article as enacted in 2000 Iowa Acts, chapter 1149, take
 51 26 effect on July 1, 2001, and are applicable on and after that
 51 27 date."
 51 28    Code section 554D.118:  Substitutes cross-reference to Code
 51 29 "section 554.9330" which relates to the priority of purchaser
 51 30 of chattel paper for cross-reference to Code "section
 51 31 554.9308" which relates to perfection of agricultural liens or
 51 32 security interests.
 51 33    Code section 554D.120:  Clarifies the applicability of
 51 34 provisions relating to the acceptance and distribution of
 51 35 electronic records by governmental agencies.
 52  1    Code section 556.1:  Strikes the word "corporation" in the
 52  2 term "cooperative corporation organized under chapter 501" as
 52  3 Code chapter 501 only deals with cooperative associations and
 52  4 not corporations.
 52  5    Code section 598.7A:  Strikes past deadline of January 1,
 52  6 2001, for the supreme court to prescribe qualifications for
 52  7 mediators.
 52  8    Code section 600.13:  Adds the correct grammatical lead-in
 52  9 at the beginning of subsection 1 which relates to options of
 52 10 the juvenile court at the conclusion of an adoption hearing.
 52 11    Code section 602.8105:  Clarifies that the particular civil
 52 12 court fee is for "filing and docketing" a writ of error.
 52 13    Code section 633.4105:  Corrects language qualifying cross-
 52 14 reference relating to the representation of minor or
 52 15 incompetent qualified beneficiaries to eliminate
 52 16 classification of section as a definitions provision.
 52 17    Code sections 637.603 and 637.605:  Corrects cross-
 52 18 references to actions that may be taken in provisions relating
 52 19 to total return unitrusts.
 52 20    Code section 717A.2:  Adds term "or death of" to the phrase
 52 21 "injury to an animal or damage to property" to conform with
 52 22 the remainder of the Code section relating to animal
 52 23 facilities and the killing of or injury to an animal.
 52 24    Code section 910.1:  Adds the word "or" to improve
 52 25 grammatical construction in a provision relating to the
 52 26 definition of the term "restitution".
 52 27    1988 Iowa Acts, chapter 1182:  Eliminates a contingent
 52 28 obsolete tax exemption relating to degradable packaging.  The
 52 29 corresponding provision enacted in the 1988 Acts, section
 52 30 159.30, Code 2001, which would have provided the mechanism for
 52 31 determining whether the contingency was met, was repealed in
 52 32 2001 Iowa Acts, chapter 129, section 7.
 52 33    2002 Iowa Acts, chapter 1137:  Amends a Code editor
 52 34 directive in a bill to instruct the Code editor to strike two
 52 35 portions of a Code section which were not transferred by the
 53  1 bill relating to animal agriculture.
 53  2    2001 Iowa Acts, 2nd Ex., chapter 6, section 26:  Makes
 53  3 technical changes to the retroactive applicability and
 53  4 effective date provisions for amendments to Code provisions
 53  5 relating to tax breaks for businesses that hire persons on
 53  6 parole or probation to whom the interstate probation and
 53  7 parole compact applies.  The Code provisions were amended by
 53  8 2001 Iowa Acts, chapter 15, and subsequently amended by 2001
 53  9 Iowa Acts, 2nd Ex., chapter 6:  The changes in this bill make
 53 10 those amendments applicable and effective at the same times.
 53 11    Repeal:
 53 12    Code section 11.24:  Eliminates, through the repeal of a
 53 13 short title, a reference to an Act passed by the 45th General
 53 14 Assembly in 1933.  The original provisions have been
 53 15 repeatedly amended or eliminated since its enactment,
 53 16 rendering the original reference obsolete.
 53 17    Code section 236.15B:  Repeals the income tax checkoff for
 53 18 domestic abuse programs.  Code section 422.12E requires that,
 53 19 when three income tax checkoffs are in place, the income tax
 53 20 checkoff receiving the least amount of revenue over a three-
 53 21 year period shall be repealed.  This repeal is based on
 53 22 information relating to revenue received by the department of
 53 23 revenue and finance.
 53 24    Code section 443.23:  Repeals a Code section defining the
 53 25 terms "tax list", "assessment list", "book", and "record".  A
 53 26 provision defining similar terms was added in Code section
 53 27 443.23A pursuant to legislation enacted in 2000.
 53 28    Code section 558.1A:  Repeals a duplicative definition of
 53 29 "list", "book", "record", or "schedule" in Code chapter 558.
 53 30    Code editor authorization:  The Code editor is authorized
 53 31 to substitute terms or add references to popular names of Acts
 53 32 in the next edition of the Code Supplement or Code of Iowa.
 53 33 The Code editor may add appropriate chapter or section
 53 34 citations following stand-alone references to the Iowa
 53 35 administrative procedure Act, the Iowa consumer credit code,
 54  1 the uniform commercial code, or the state building code.  The
 54  2 Code editor may substitute "division" for "division of
 54  3 criminal investigation within the department of public safety"
 54  4 in Code chapter 99F.
 54  5    The Code editor is authorized to transfer Code section
 54  6 126.24 to a new Code chapter 708B or another chapter deemed
 54  7 appropriate by the Code editor.  The Code section makes it a
 54  8 crime to possess or distribute anthrax.  Chapter 126 pertains
 54  9 to the regulation of drugs, devices, and cosmetics.  
 54 10 LSB 1065SC 80
 54 11 lh/cf/24
     

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