Text: SSB03049 Text: SSB03051 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 2B.10, Code Supplement 2003, is amended 1 2 to read as follows: 1 3 2B.10SESSION LAWSIOWA ACTS. 1 4 1. The arrangement of the Acts and resolutions, and the 1 5 size, style, type, binding, general arrangement, and tables of 1 6 thesession lawsIowa Acts shall be printed and published in 1 7 the manner determined by the Iowa Code editor in accordance 1 8 with the policies set by the legislative council as provided 1 9 in section 2.42. 1 10 2. Chapters of the first regular session shall be numbered 1 11 from one and chapters of the second regular session shall be 1 12 numbered from one thousand one. 1 13 3. A list of elective state officers and deputies, supreme 1 14 court justices, judges of the court of appeals, and members of 1 15 the general assembly shall be published annually with the 1 16session lawsIowa Acts. 1 17 4. A statement of the condition of the state treasury 1 18 shall be included, as provided by the Constitution of the 1 19 State of Iowa. The statement shall be furnished by the 1 20 director of the department of administrative services. 1 21 5. The enrolling clerks of the house and senate shall 1 22 arrange for the Iowa Code editor to receive suitable copies of 1 23 all Acts and resolutions as soon as they are enrolled. 1 24 6. A notation of the filing of an estimate of a state 1 25 mandate prepared by the legislative services agency pursuant 1 26 to section 25B.5 shall be included in thesession lawsIowa 1 27 Acts with the text of an enacted bill or joint resolution 1 28 containing the state mandate. 1 29 Sec. 2. Section 2B.17, subsection 2, Code Supplement 2003, 1 30 is amended to read as follows: 1 31 2. Thesession lawsActs of each general assembly shall be 1 32 known as "Acts of the .. General Assembly, .. Session, 1 33 Chapter (or File No.) .., Section .." (inserting the 1 34 appropriate numbers) and shall be cited as ".. Iowa Acts, 1 35 chapter .., section .." (inserting the appropriate year, 2 1 chapter, and section number). 2 2 Sec. 3. Section 3.3, Code 2003, is amended to read as 2 3 follows: 2 4 3.3 HEADNOTES AND HISTORICAL REFERENCES. 2 5 Proper headnotes may be placed at the beginning of a 2 6 section of a bill, and at the end of the section there may be 2 7 placed a reference to the section number of the Code, or any 2 8session lawIowa Act from which the matter of the bill was 2 9 taken, but, except as provided in the Uniform Commercial Code, 2 10 section 554.1109, neither said headnotes nor said historical 2 11 references shall be considered as a part of the law as 2 12 enacted. 2 13 Sec. 4. Section 7J.1, subsection 1, Code Supplement 2003, 2 14 is amended to read as follows: 2 15 1. DESIGNATION OF CHARTER AGENCIES – PURPOSE. The 2 16 governor may, by executive order, designate state departments 2 17 or agencies, as described in section 7E.5, or the Iowa lottery 2 18 authority established in chapter 99G, other than the 2 19 department of administrative services, if the department is2 20established in law,or the department of management, as a 2 21 charter agency by July 1, 2003. The designation of a charter 2 22 agency shall be for a period of five years which shall 2 23 terminate as of June 30, 2008. The purpose of designating a 2 24 charter agency is to grant the agency additional authority as 2 25 provided by this chapter while reducing the total 2 26 appropriations to the agency. 2 27 Sec. 5. Section 8.59, Code Supplement 2003, is amended to 2 28 read as follows: 2 29 8.59 APPROPRIATIONS FREEZE. 2 30 Notwithstanding contrary provisions of the Code, the 2 31 amounts appropriated under the applicable sections of the Code 2 32 for fiscal years commencing on or after July 1, 1993, are 2 33 limited to those amounts expended under those sections for the 2 34 fiscal year commencing July 1, 1992. If an applicable section 2 35 appropriates moneys to be distributed to different recipients 3 1 and the operation of this section reduces the total amount to 3 2 be distributed under the applicable section, the moneys shall 3 3 be prorated among the recipients. As used in this section, 3 4 "applicable sections" meansthe followingsections:53.50, 3 5 229.35, 230.8, 230.11, 411.20, and 663.44. 3 6 Sec. 6. Section 8A.124, Code Supplement 2003, is amended 3 7 to read as follows: 3 8 8A.124 ADDITIONAL PERSONNEL. 3 9 The department may employ, upon the approval of the 3 10 department of management,suchadditional personnel in excess 3 11 of the number of full-time equivalent positions authorized by 3 12 the general assembly if such additional personnel are 3 13 reasonable and necessary to perform such duties as required to 3 14 meet the needs of the department to provide services to other 3 15 governmental entities and as authorized by this chapter. The 3 16 director shall notify in writing the department of management, 3 17 the legislative fiscal committee, and the legislative services 3 18 agency of any additional personnel employed pursuant to this 3 19 section. 3 20 Sec. 7. Section 8A.402, subsection 2, paragraph c, Code 3 21 Supplement 2003, is amended to read as follows: 3 22 c. Encourage and exercise leadership in the development of 3 23 effective personnel administration within the several state 3 24 agencies, andtomake available the facilities of the 3 25 department to this end. 3 26 Sec. 8. Section 8A.502, subsection 14, paragraph b, 3 27 unnumbered paragraph 1, Code Supplement 2003, is amended to 3 28 read as follows: 3 29 Modify the centralized statewide accounting system and 3 30 develop, or require to be developed by the appropriate 3 31 departments of state government, thenecessaryreports and 3 32 procedures necessary to complete the managerial and financial 3 33 reports required to comply with the federal law. 3 34 Sec. 9. Section 11.27, subsection 2, Code 2003, is amended 3 35 to read as follows: 4 1 2. The results of an audit of the documents and the 4 2 records of the department of management created inthe budget4 3and financial control Actchapter 8, which records shall be 4 4 audited by the auditor; and, the results of the auditor's 4 5 audit of all taxes and other revenue collected and paid into 4 6 the treasury, and the sources thereof. 4 7 Sec. 10. Section 15.269, subsection 2, paragraph b, 4 8 subparagraph (1), subparagraph subdivision (a), Code 4 9 Supplement 2003, is amended to read as follows: 4 10 (a) Each cogeneration pilot project facility must involve 4 11 two hundred megawatts or less of electricity, in combination 4 12 with one or more other cogeneration pilot project facilities. 4 13 Sec. 11. Section 28.4, subsection 12, paragraph d, 4 14 subparagraph (1), Code Supplement 2003, is amended to read as 4 15 follows: 4 16 (1) Moneys for the healthy opportunities for parents to 4 17 experience success – healthy families Iowa program under 4 18 section 135.106 by the fiscal year beginning July 1, 2000, and 4 19 ending June 30, 2001. 4 20 Sec. 12. Section 29A.1, subsection 1, Code 2003, is 4 21 amended to read as follows: 4 22 1. "Active stateState military service" means training or 4 23 operational duty or other service authorized and performed 4 24 under the provisions of 32 U.S.C. or other federal law or 4 25 regulation as part of the Iowa army national guard or Iowa air 4 26 national guard and paid for with federal funds. 4 27 Sec. 13. Section 29A.8A, Code 2003, is amended to read as 4 28 follows: 4 29 29A.8AACTIVE STATESTATE MILITARY SERVICE. 4 30 If federal funding and authorization exist for this 4 31 purpose, the governor may order toactivestate military 4 32 service the military forces of the Iowa army national guard or 4 33 Iowa air national guard as the governor may deem appropriate 4 34 for the purposes of homeland security, homeland defense, or 4 35 other duty. A state employee shall take either a full day's 5 1 leave or eight hours of compensatory time on a day in which 5 2 the state employee receives a full day's pay from federal 5 3 funds for national guard duty. 5 4 Sec. 14. Section 29A.28, subsections 1 and 3, Code 5 5 Supplement 2003, are amended to read as follows: 5 6 1. All officers and employees of the state, or a 5 7 subdivision thereof, or a municipality other than employees 5 8 employed temporarily for six months or less, who are members 5 9 of the national guard, organized reserves or any component 5 10 part of the military, naval, or air forces or nurse corps of 5 11 this state or nation, or who are or may be otherwise inducted 5 12 into the military service of this state or of the United 5 13 States, shall, when ordered by proper authority to state 5 14 active duty,activestate military service, or federal 5 15 service, be entitled to a leave of absence from such civil 5 16 employment for the period of state active duty,activestate 5 17 military service, or federal service, without loss of status 5 18 or efficiency rating, and without loss of pay during the first 5 19 thirty days of such leave of absence. Where state active 5 20 duty,activestate military service, or federal service is for 5 21 a period less than thirty days, a leave of absence under this 5 22 section shall only be required for those days that the civil 5 23 employee would normally perform services for the state, 5 24 subdivision of the state, or a municipality. 5 25 3. Upon returning from a leave of absence under this 5 26 section, an employee shall be entitled to return to the same 5 27 position and classification held by the employee at the time 5 28 of entry into state active duty,activestate military 5 29 service, or federal service or to the position and 5 30 classification that the employee would have been entitled to 5 31 if the continuous civil service of the employee had not been 5 32 interrupted by state active duty,activestate military 5 33 service, or federal service. Under this subsection, 5 34 "position" includes the geographical location of the position. 5 35 Sec. 15. Section 29A.90, subsection 3, Code Supplement 6 1 2003, is amended to read as follows: 6 2 3. "Military service" means full-timeactivestate 6 3 military service or state active duty, as defined in section 6 4 29A.1, for a period of at least ninety consecutive days, 6 5 commencing on or after April 22, 2002. 6 6 Sec. 16. Section 29B.13, unnumbered paragraph 1, Code 6 7 2003, is amended to read as follows: 6 8 Under regulations as may be prescribed under this code a 6 9 person subject to this code who is onactivestate military 6 10 service or state active duty who is accused of an offense 6 11 against civil authority may be delivered, upon request, to the 6 12 civil authority for trial. 6 13 Sec. 17. Section 72.5, subsection 2, Code 2003, is amended 6 14 to read as follows: 6 15 2. In connection with development of a statewide building 6 16 energy efficiency rating system, pursuant to section 473.40, 6 17 the director of the department of natural resources in 6 18 consultation with the department of management, state building 6 19 codedirectorcommissioner, and state fire marshal, shall 6 20 develop standards and methods to evaluate design development 6 21 documents and construction documents based upon the energy 6 22 efficiency rating system for public buildings, and other life 6 23 cycle cost factors, to facilitate fair and uniform comparisons 6 24 between design proposals and informed decision making by 6 25 public bodies. 6 26 Sec. 18. Section 80.35, Code Supplement 2003, is amended 6 27 to read as follows: 6 28 80.35 TRANSITION. 6 29 Persons employed by the department ofadministrative6 30 general services as capitol security force officers shall be 6 31 transferred to the division of capitol security of the 6 32 department of public safety on July 1, 1976. Persons 6 33 transferred pursuant to this section shall retain their 6 34 positions as capitol police officers, shall not be subject to 6 35 the requirements and conditions of section 80.15, and shall 7 1 remain under the Iowa public employees' retirement system. 7 2 Persons employed after July 1, 1976, by the department of 7 3 public safety as capitol police officers within the division 7 4 of capitol police shall be subject to the requirements and 7 5 conditions of section 80.15, except those requirements 7 6 relating to age, and shall be subject to the Iowa public 7 7 employees' retirement system. The minimum age for persons 7 8 employed by the division of capitol police shall be eighteen. 7 9 Sec. 19. Section 80B.5, Code 2003, is amended to read as 7 10 follows: 7 11 80B.5 ADMINISTRATION. 7 12 The administration ofthe Iowa law enforcement academy and7 13council Actthis chapter shall be vested in the office of the 7 14 governor. A director of the academy and such staff as may be 7 15 necessary for it to function shall be employed pursuant to the 7 16 Iowa merit system. 7 17 Sec. 20. Section 80B.11E, subsection 4, Code Supplement 7 18 2003, is amended to read as follows: 7 19 4. An individual who has not been hired by a law 7 20 enforcement agency must be hired by a law enforcement agency 7 21 within eighteen months of completing the appropriate 7 22 coursework at the law enforcement academy in order to obtain 7 23 certification pursuant to thissectionchapter. 7 24 Sec. 21. Section 96.7, subsection 12, paragraph a, Code 7 25 Supplement 2003, is amended to read as follows: 7 26 a. An employer other than a governmental entity or a 7 27 nonprofit organization, subject to this chapter, shall pay an 7 28 administrative contribution surcharge equal in amount to one- 7 29 tenth of one percent of federal taxable wages, as defined in 7 30 section 96.19, subsection 37, paragraph "b", subject to the 7 31 surcharge formula to be developed by the department under this 7 32 paragraph. The department shall develop a surcharge formula 7 33 that provides a target revenue level of no greater than six 7 34 million five hundred twenty-five thousand dollars for calendar 7 35 years 2003, 2004, and 2005 and a target revenue level of no 8 1 greater than three million two hundred sixty-two thousand five 8 2 hundred dollars for calendar year 2006 and each subsequent 8 3 calendar year. The department shall reduce the administrative 8 4 contribution surcharge established for any calendar year 8 5 proportionate to any federal government funding that provides 8 6 an increased allocation of moneys for workforce development 8 7 offices, under the federal employment services financing 8 8 reform legislation. Any administrative contribution surcharge 8 9 revenue that is collected in calendar year 2003, 2004, or 2005 8 10 in excess of six million five hundred twenty-five thousand 8 11 dollars or in calendar year 2006 or a subsequent calendar year 8 12 in excess of three million two hundred sixty-two thousand five 8 13 hundred dollars shall be deducted from the amount to be 8 14 collected in the subsequent calendar year2003before the 8 15 department establishes the administrative contribution 8 16 surcharge. The department shall recompute the amount as a 8 17 percentage of taxable wages, as defined in section 96.19, 8 18 subsection 37, and shall add the percentage surcharge to the 8 19 employer's contribution rate determined under this section. 8 20 The percentage surcharge shall be capped at a maximum of seven 8 21 dollars per employee. The department shall adopt rules 8 22 prescribing the manner in which the surcharge will be 8 23 collected. Interest shall accrue on all unpaid surcharges 8 24 under this subsection at the same rate as on regular 8 25 contributions and shall be collectible in the same manner. 8 26 Interest accrued and collected under this paragraph and 8 27 interest earned and credited to the fund under paragraph "b" 8 28 shall be used by the department only for the purposes set 8 29 forth in paragraph "c". 8 30 Sec. 22. Section 99B.9, subsection 1, unnumbered paragraph 8 31 1, Code Supplement 2003, is amended to read as follows: 8 32 Except as otherwise permitted by section 99B.3, 99B.5, 8 33 99B.6, 99B.7, 99B.8, 99B.11, or 99B.12A, it is unlawful to 8 34 permit gambling on any premises owned, leased, rented, or 8 35 otherwise occupied by a person other than a government, 9 1 governmental agency, or governmental subdivision, unless all 9 2 of the following are complied with: 9 3 Sec. 23. Section 99D.24, subsection 4, unnumbered 9 4 paragraph 1, Code 2003, is amended to read as follows: 9 5 A person commits a class "D" felony and, in addition, shall 9 6 be barred for life from racetracks under thejursidiction9 7 jurisdiction of the commission, if the person does any of the 9 8 following: 9 9 Sec. 24. Section 99G.8, subsection 9, Code Supplement 9 10 2003, is amended to read as follows: 9 11 9. Board members shall be considered to hold public office 9 12 and shall give bondas suchas required in chapter 64. 9 13 Sec. 25. Section 99G.10, subsection 8, Code Supplement 9 14 2003, is amended to read as follows: 9 15 8. A background investigation shall be conducted by the 9 16 department of public safety, division of criminal 9 17 investigation, on each applicant who has reached the final 9 18 selection process prior to employment by the authority. For 9 19 positions not designated as sensitive by the board, the 9 20 investigation may consist of a state criminal history 9 21 background check, work history, and financial review. The 9 22 board shall identify those sensitive positions of the 9 23 authority which require full background investigations, which 9 24 positions shall include, at a minimum, any officer of the 9 25 authority, and any employee with operational management 9 26 responsibilities, security duties, or system maintenance or 9 27 programming responsibilities related to the authority's data 9 28 processing or network hardware, software, communication, or 9 29 related systems. In addition to a work history and financial 9 30 review, a full background investigation may include a national 9 31 criminal historyrecordcheck through the federal bureau of 9 32 investigation. The screening of employees through the federal 9 33 bureau of investigation shall be conducted by submission of 9 34 fingerprints through the state criminal historyrecord9 35 repository to the federal bureau of investigation. The 10 1 results of background investigations conducted pursuant to 10 2 this section shall not be considered public records under 10 3 chapter 22. 10 4 Sec. 26. Section 99G.33, Code Supplement 2003, is amended 10 5 to read as follows: 10 6 99G.33 LAW ENFORCEMENT INVESTIGATIONS. 10 7 The department of public safety, division of criminal 10 8 investigation, shall be the primary state agency responsible 10 9 for investigating criminal violations under this chapter. The 10 10 chief executive officer shall contract with the department of 10 11 public safety for investigative services, including the 10 12 employment of special agents and support personnel, and 10 13 procurement of necessary equipment to carry out the 10 14 responsibilities of the division of criminal investigation 10 15 under the terms of theagreementcontract and this chapter. 10 16 Sec. 27. Section 100.35, unnumbered paragraph 2, Code 10 17 2003, is amended to read as follows: 10 18 Rules by the fire marshal affecting the construction of new 10 19 buildings, additions to buildings or rehabilitation of 10 20 existing buildings and related to fire protection, shall be 10 21 substantially in accord with the provisions of the nationally 10 22 recognized building and related codes adopted as the state 10 23 building code pursuant to section 103A.7 or with codes adopted 10 24 by a local subdivision which are in substantial accord with 10 25 the codes comprising the state building code. 10 26 Sec. 28. Section 100.38, Code 2003, is amended to read as 10 27 follows: 10 28 100.38 CONFLICTING STATUTES. 10 29 Provisions of this chapter in conflict with the state 10 30 building code, as adopted pursuant to section 103A.7, shall 10 31 not apply where the state building code has been adopted or 10 32 when the state building code applies throughout the state. 10 33 Sec. 29. Section 100.39, unnumbered paragraph 3, Code 10 34 2003, is amended to read as follows: 10 35 Plans and installation of systems shall be approved by the 11 1 state fire marshal, a designee of the state fire marshal, or 11 2 local authorities having jurisdiction. Except where local 11 3 fire protection regulations are more stringent, the provisions 11 4 of this section shall be applicable to all buildings, whether 11 5 privately or publicly owned. The definition of terms shall be 11 6 in conformity, insofar as possible, with definitions found in 11 7 the state building code adopted pursuant to section 103A.7. 11 8 Sec. 30. Section 100B.8, Code Supplement 2003, is amended 11 9 to read as follows: 11 10 100B.8 EMPLOYEES. 11 11 Employees of the fire service institute at Iowa state 11 12 university on July 1, 2000, may elect to transfer to the 11 13 department of public safety in a position and at a pay range 11 14 commensurate with their duties as determined by the department 11 15 ofadministrative servicespersonnel, the department of public 11 16 safety, and the employee's certified collective bargaining 11 17 representative. 11 18 Sec. 31. Section 124.401, subsection 1, paragraph b, 11 19 subparagraph (8), Code Supplement 2003, is amended to read as 11 20 follows: 11 21 (8) More than five grams but not more than five kilograms 11 22 of amphetamine, its salts, isomers, or salts of isomers, or 11 23 any compound, mixture, or preparation which contains any 11 24 quantityofor detectable amount of amphetamine, its salts, 11 25 isomers, and salts of isomers. 11 26 Sec. 32. Section 135.18, Code 2003, is amended to read as 11 27 follows: 11 28 135.18 CONFLICTING STATUTES. 11 29 Provisions of this chapter in conflict with the state 11 30 building code, as adopted pursuant to section 103A.7, shall 11 31 not apply where the state building code has been adopted or 11 32 when the state building code applies throughout the state. 11 33 Sec. 33. Section 135.142, subsection 2, Code Supplement 11 34 2003, is amended to read as follows: 11 35 2. If a public health disaster exists or there is 12 1 reasonable cause to believe that a public health disaster is 12 2 imminent and if the public health disaster or belief that a 12 3 public health disaster is imminent results in a statewide or 12 4 regional shortage or threatened shortage of any product 12 5 described under subsection 1, whether or not such product has 12 6 been purchased by the department, the department may control, 12 7 restrict, and regulate by rationing and using quotas, 12 8 prohibitions on shipments, allocation, or other means, the 12 9 use, sale, dispensing, distribution, or transportation of the 12 10 relevant product necessary to protect the public health, 12 11 safety, and welfare of the people of this state. The 12 12 department shall collaborate with persons who have control of 12 13 the products when reasonably possible. 12 14 Sec. 34. Section 135.106, Code 2003, is amended to read as 12 15 follows: 12 16 135.106 HEALTHY FAMILIESIOWA PROGRAMPROGRAMS – 12 17 ESTABLISHED. 12 18 1. The Iowa department of public health shall establish a 12 19 healthy opportunities for parents to experience success 12 20 (HOPES)–healthy families Iowa (HFI) program to provide 12 21 services to families and children during the prenatal through 12 22 preschool years. The program shall be designed to do all of 12 23 the following: 12 24 a. Promote optimal child health and development. 12 25 b. Improve family coping skills and functioning. 12 26 c. Promote positive parenting skills and intrafamilial 12 27 interaction. 12 28 d. Prevent child abuse and neglect and infant mortality 12 29 and morbidity. 12 30 2. TheHOPESHOPES-HFI program shall be developed by the 12 31 Iowa department of public health, and may be implemented, in 12 32 whole or in part, by contracting with a nonprofit child abuse 12 33 prevention organization, local nonprofit certified home health 12 34 program or other local nonprofit organizations, and shall 12 35 include, but is not limited to, all of the following 13 1 components: 13 2 a. Identification of barriers to positive birth outcomes, 13 3 encouragement of collaboration and cooperation among providers 13 4 of health care, social and human services, and other services 13 5 to pregnant women and infants, and encouragement of pregnant 13 6 women and women of childbearing age to seek health care and 13 7 other services which promote positive birth outcomes. 13 8 b. Provision of community-based home-visiting family 13 9 support to pregnant women and new parents who are identified 13 10 through a standardized screening process to be at high risk 13 11 for problems with successfully parenting their child. 13 12 c. Provision by family support workers of individual 13 13 guidance, information, and access to health care and other 13 14 services through care coordination and community outreach, 13 15 including transportation. 13 16 d. Provision of systematic screening, prenatally or upon 13 17 the birth of a child, to identify high-risk families. 13 18 e. Interviewing by aHOPESHOPES-HFI program worker or 13 19 hospital social worker of families identified as high risk and 13 20 encouragement of acceptance of family support services. 13 21 f. Provision of services including, but not limited to, 13 22 home visits, support services, and instruction in child care 13 23 and development. 13 24 g. Individualization of the intensity and scope of 13 25 services based upon the family's needs, goals, and level of 13 26 risk. 13 27 h. Assistance by a family support worker to participating 13 28 families in creating a link to a "medical home" in order to 13 29 promote preventive health care. 13 30 i. Evaluation and reporting on the program, including an 13 31 evaluation of the program's success in reducing participants' 13 32 risk factors and provision of services and recommendations for 13 33 changes in or expansion of the program. 13 34 j. Provision of continuous follow-up contact with a family 13 35 served by the program until identified children reach age 14 1 three or age four in cases of continued high need or until the 14 2 family attains its individualized goals for health, 14 3 functioning, and self-sufficiency. 14 4 k. Provision or employment of family support workers who 14 5 have experience as a parent, knowledge of health care 14 6 services, social and human services, or related community 14 7 services and have participated in a structured training 14 8 program. 14 9 l. Provision of a training program that meets established 14 10 standards for the education of family support workers. The 14 11 structured training program shall include at a minimum the 14 12 fundamentals of child health and development, dynamics of 14 13 child abuse and neglect, and principles of effective parenting 14 14 and parenting education. 14 15 m. Provision of crisis child care through utilization of 14 16 existing child care services to participants in the program. 14 17 n. Program criteria shall include a required match of one 14 18 dollar provided by the organization contracting to deliver 14 19 services for each two dollars provided by the state grant. 14 20 This requirement shall not restrict the department from 14 21 providing unmatched grant funds to communities to plan new or 14 22 expanded programs forHOPESHOPES-HFI. The department shall 14 23 establish a limit on the amount of administrative costs that 14 24 can be supported with state funds. 14 25 o. Involvement with the community assessment and planning 14 26 process in the community served byHOPESHOPES-HFI programs to 14 27 enhance collaboration and integration of family support 14 28 programs. 14 29 p. Collaboration, to the greatest extent possible, with 14 30 other family support programs funded or operated by the state. 14 31 q. Utilization of private party, third party, and medical 14 32 assistance for reimbursement to defray the costs of services 14 33 provided by the program to the extent possible. 14 34 3. It is the intent of the general assembly to provide 14 35 communities with the discretion and authority to redesign 15 1 existing local programs and services targeted at and assisting 15 2 families expecting babies and families with children who are 15 3 newborn through five years of age. The Iowa department of 15 4 public health, department of human services, department of 15 5 education, and other state agencies and programs, as 15 6 appropriate, shall provide technical assistance and support to 15 7 communities desiring to redesign their local programs and 15 8 shall facilitate the consolidation of existing state funding 15 9 appropriated and made available to the community for family 15 10 support services. Funds which are consolidated in accordance 15 11 with this subsection shall be used to support the redesigned 15 12 service delivery system. In redesigning services, communities 15 13 are encouraged to implement a single uniform family risk 15 14 assessment mechanism and shall demonstrate the potential for 15 15 improved outcomes for children and families. Requests by 15 16 local communities for the redesigning of services shall be 15 17 submitted to the Iowa department of public health, department 15 18 of human services, and department of education, and are 15 19 subject to the approval of the Iowa empowerment board in 15 20 consultation with the departments, based on the innovation 15 21 zone principles established in section 8A.2, Code 1997. 15 22 Sec. 35. Section 135B.17, unnumbered paragraph 2, Code 15 23 2003, is amended to read as follows: 15 24 Provisions of this chapter in conflict with the state 15 25 building code, as adopted pursuant to section 103A.7, shall 15 26 not apply where the state building code has been adopted or 15 27 when the state building code applies throughout the state. 15 28 Sec. 36. Section 135C.28, Code 2003, is amended to read as 15 29 follows: 15 30 135C.28 CONFLICTING STATUTES. 15 31 Provisions of this chapter in conflict with the state 15 32 building code, as adopted pursuant to section 103A.7, shall 15 33 not apply where the state building code has been adopted or 15 34 when the state building code applies throughout the state. 15 35 Sec. 37. Section 137C.31, Code 2003, is amended to read as 16 1 follows: 16 2 137C.31 CONFLICTS WITH STATE BUILDING CODE. 16 3 Provisions of the Iowa hotel sanitation code in conflict 16 4 with the state building code, as adopted pursuant to section 16 5 103A.7, shall not apply where the state building code has been 16 6 adopted or when the state building code applies throughout the 16 7 state. 16 8 Sec. 38. Section 137D.6, Code 2003, is amended to read as 16 9 follows: 16 10 137D.6 CONFLICTS WITH STATE BUILDING CODE. 16 11 Provisions of this chapter, including standards for home 16 12 food establishments adopted by the department, in conflict 16 13 with the state building code, as adopted pursuant to section 16 14 103A.7, shall not apply where the state building code has been 16 15 adopted or when the state building code applies throughout the 16 16 state. 16 17 Sec. 39. Section 137F.16, Code 2003, is amended to read as 16 18 follows: 16 19 137F.16 CONFLICTS WITH STATE BUILDING CODE. 16 20 Provisions of this chapter in conflict with the state 16 21 building code, as adopted pursuant to section 103A.7, shall 16 22 not apply where the state building code has been adopted or 16 23 when the state building code applies throughout the state. 16 24 Sec. 40. Section 145A.16, subsection 4, Code 2003, is 16 25 amended to read as follows: 16 26 4. Donations and gifts which may be accepted by the 16 27 hospital trustees and expended in accordance with the terms of 16 28 the gift without compliance with the local budget law, chapter 16 29 24. 16 30 Sec. 41. Section 167.11, unnumbered paragraph 2, Code 16 31 2003, is amended to read as follows: 16 32 This section shall not apply where the state building code, 16 33 as adopted pursuant to section 103A.7, has been adopted or 16 34 when the state building code applies throughout the state. 16 35 Sec. 42. Section 232.71D, subsection 3, paragraph i, 17 1 subparagraph (5), Code 2003, is amended to read as follows: 17 2 (5) Medical assistance home and community-based services 17 3 waiver for persons with mental retardation residential program 17 4 regulated by the department of human services and the 17 5 department of inspections and appeals. 17 6 Sec. 43. Section 237A.29, subsection 3, paragraph a, Code 17 7 Supplement 2003, is amended to read as follows: 17 8 a. If a child care provider is subject to sanctions under 17 9 subsection 2, within five business days of the date the 17 10 sanctionswereare imposed, the provider shall submit to the 17 11 department the names and addresses of children receiving child 17 12 care from the provider. The department shall send information 17 13 to the parents of the children regarding the provider's 17 14 actions leading to the imposition of the sanctions and the 17 15 nature of the sanctions imposed. 17 16 Sec. 44. Section 249A.12, subsection 2, Code Supplement 17 17 2003, is amended to read as follows: 17 18 2. A county shall reimburse the department on a monthly 17 19 basis for that portion of the cost of assistance provided 17 20 under this section to a recipient with legal settlement in the 17 21 county, which is not paid from federal funds, if the 17 22 recipient's placement has been approved by the appropriate 17 23 review organization as medically necessary and appropriate. 17 24 The department's goal for the maximum time period for 17 25 submission of a claim to a county is not more than sixty days 17 26 following the submission of the claim by the provider of the 17 27 service to the department. The department's goal for 17 28 completion and crediting of a county for cost settlement for 17 29 the actual costs of a service under a home and community-based 17 30 services waiverservice is within two hundred seventy days of 17 31 the close of a fiscal year for which cost reports are due from 17 32 providers. The department shall place all reimbursements from 17 33 counties in the appropriation for medical assistance, and may 17 34 use the reimbursed funds in the same manner and for any 17 35 purpose for which the appropriation for medical assistance may 18 1 be used. 18 2 Sec. 45. Section 249A.12, subsection 5, paragraph a, 18 3 unnumbered paragraph 1, Code Supplement 2003, is amended to 18 4 read as follows: 18 5 The mental health and developmental disabilities commission 18 6 shall recommend to the department the actions necessary to 18 7 assist in the transition of individuals being served in an 18 8 intermediate care facility for persons with mental 18 9 retardation, who are appropriate for the transition, to 18 10 services funded under a medical assistancewaiver forhome and 18 11 community-based services waiver for persons with mental 18 12 retardation in a manner which maximizes the use of existing 18 13 public and private facilities. The actions may include but 18 14 are not limited to submitting any of the following or a 18 15 combination of any of the following as a request for a 18 16 revision of the medical assistancewaiver forhome and 18 17 community-based services waiver for persons with mental 18 18 retardation in effect as of June 30, 1996: 18 19 Sec. 46. Section 249A.12, subsection 5, paragraph a, 18 20 subparagraph (1), Code Supplement 2003, is amended to read as 18 21 follows: 18 22 (1) Allow for the transition of intermediate care 18 23 facilities for persons with mental retardation licensed under 18 24 chapter 135C as of June 30, 1996, to services funded under the 18 25 medical assistancewaiver forhome and community-based 18 26 services waiver for persons with mental retardation. The 18 27 request shall be for inclusion of additional persons under the 18 28 waiver associated with the transition. 18 29 Sec. 47. Section 249A.30, Code 2003, is amended to read as 18 30 follows: 18 31 249A.30 HOME AND COMMUNITY-BASED SERVICES WAIVERSERVICES18 32 – SERVICE PROVIDER REIMBURSEMENT. 18 33 1. The base reimbursement rate for a provider of services 18 34 under a medical assistance program home and community-based 18 35 services waiver for persons with mental retardation shall be 19 1 recalculated at least every three years to adjust for the 19 2 changes in costs during the immediately preceding three-year 19 3 period. 19 4 2. The annual inflation factor used to adjust such a 19 5 provider's reimbursement rate for a fiscal year shall not 19 6 exceed the percentage increase in the employment cost index 19 7 for private industry compensation issued by the federal 19 8 department of labor, bureau of labor statistics, for the most 19 9 recently completed calendar year. 19 10 Sec. 48. Section 249H.3, subsections 1 and 4, Code 2003, 19 11 are amended to read as follows: 19 12 1. "Affordable" means rates for payment of services which 19 13 do not exceed the rates established for providers of medical 19 14 and health services under the medical assistance program with 19 15 eligibility for an individual equal to the eligibility for 19 16 medical assistance pursuant to section 249A.3. In relation to 19 17 services provided by a provider of services under a home and 19 18 community-based services waiver, "affordable" means that the 19 19 total monthly cost of the services provided under the home and 19 20 community-based services waiverservices provideddoes not 19 21 exceed the cost for that level of care as established by rule 19 22 by the department of human services, pursuant to chapter 17A, 19 23 in consultation with the department of elder affairs. 19 24 4. "Long-term care alternatives" means those services 19 25 specified as services under the medical assistanceprogram as19 26 home and community-based services waiverservicesfor elder 19 27 persons or adults with disabilities, elder group homes 19 28 certified under chapter 231B, assisted-living programs 19 29 certified under chapter 231C, and the PACE program. 19 30 Sec. 49. Section 249H.5, subsection 2, paragraph c, 19 31 subparagraphs (2) and (3), Code 2003, are amended to read as 19 32 follows: 19 33 (2) Expenses incurred in administration of medical 19 34 assistance home and community-based services waivers and the 19 35 PACE program due to implementation of the senior living trust 20 1 fund. 20 2 (3) Expenses incurred due to increased service delivery 20 3 provided under medical assistance home and community-based 20 4 services waivers as a result of nursing facility conversions 20 5 and long-term care service development, for the fiscal period 20 6 beginning July 1, 2000, and ending on or before June 30, 2005. 20 7 Sec. 50. Section 249H.5, subsection 2, paragraph e, Code 20 8 2003, is amended to read as follows: 20 9 e. To the department of human services an amount 20 10 necessary, annually, for additional expenses incurred relative 20 11 to implementation of the senior living program in assisting 20 12 home and community-based services waiver consumers with rent 20 13 expenses pursuant to the state supplementary assistance 20 14 program. 20 15 Sec. 51. Section 255.13, Code Supplement 2003, is amended 20 16 to read as follows: 20 17 255.13 ATTENDANT – PHYSICIAN – COMPENSATION. 20 18 If the physician appointed to examine the patient certifies 20 19 that an attendant is needed to accompany the patient to the 20 20 hospitalis necessary, and the university hospital attendant 20 21 and ambulance service is not available, the county general 20 22 assistance director may appoint an attendant who shall receive 20 23 not exceeding two dollars per day for the time thus 20 24 necessarily employed and actual necessarytravelingexpenses 20 25 for travel by the most feasible route to the hospital whether 20 26 by ambulance, train, or automobile; but if such appointee is a 20 27 relative of the patient or a member of the patient's immediate 20 28 family, or receives a salary or other compensation from the 20 29 public for the appointee's services, no such per diem 20 30 compensation shall be paid. The physician appointed to make 20 31 the examination and report shall receive three dollars for 20 32 each examination and report so made and the physician's actual 20 33 necessary expenses incurred in making such examination, but if 20 34 the physician receives a salary or other compensation from the 20 35 public for the physician's full-time services, no such 21 1 examination fee shall be paid. The actual, necessary expenses 21 2 of transporting and caring for the patient shall be paid as 21 3 provided in this chapter. 21 4 Sec. 52. Section 256A.3, subsection 7, Code Supplement 21 5 2003, is amended to read as follows: 21 6 7. Encourage the establishment of regional councils 21 7 designed to facilitate the development on a regional basis of 21 8 programs for at-riskthree-year-three-year-old and at-risk 21 9 four-year-old children. 21 10 Sec. 53. Section 260C.14, subsection 20, unnumbered 21 11 paragraph 1, Code Supplement 2003, is amended to read as 21 12 follows: 21 13 Adopt a policy to offer not less than the following options 21 14 to a student who is a member of the Iowa national guard or 21 15 reserve forces of the United States and who is ordered to 21 16activestate military service or federal service or duty: 21 17 Sec. 54. Section 260C.18, subsection 6, Code 2003, is 21 18 amended to read as follows: 21 19 6. Donations and gifts which may be accepted by the 21 20 governing board and expended in accordance with the terms of 21 21 the gift without compliance with the local budget law, chapter 21 22 24. 21 23 Sec. 55. Section 261.9, subsection 1, paragraph g, 21 24 unnumbered paragraph 1, Code Supplement 2003, is amended to 21 25 read as follows: 21 26 Adopts a policy to offer not less than the following 21 27 options to a student who is a member of the Iowa national 21 28 guard or reserve forces of the United States and who is 21 29 ordered toactivestate military service or federal service or 21 30 duty: 21 31 Sec. 56. Section 262.9, subsection 29, unnumbered 21 32 paragraph 1, Code Supplement 2003, is amended to read as 21 33 follows: 21 34 Direct the institutions of higher education under its 21 35 control to adopt a policy to offer not less than the following 22 1 options to a student who is a member of the Iowa national 22 2 guard or reserve forces of the United States and who is 22 3 ordered toactivestate military service or federal service or 22 4 duty: 22 5 Sec. 57. Section 285.10, subsection 7, paragraph b, Code 22 6 Supplement 2003, is amended to read as follows: 22 7 b.May purchaseBy purchasing buses andenterentering 22 8 into contracts to pay for such buses over a five-year period 22 9 as follows: one-fourth of the cost when the bus is delivered 22 10 and the balance in equal annual installments, plus simple 22 11 interest due. The interest rate shall be the lowest rate 22 12 available and shall not exceed the rate in effect under 22 13 section 74A.2. The bus shall serve as security for balance 22 14 due. Competitive bids on comparable equipment shall be 22 15 requested on all school bus purchases and shall be based upon 22 16 minimum construction standards established by the department 22 17 of education. Bids shall be requested unless the bus is a 22 18 used or demonstrator bus. 22 19 Sec. 58. Section 292.4, Code Supplement 2003, is amended 22 20 to read as follows: 22 21 292.4 APPROPRIATION. 22 22 There is appropriated from the general fund of the state 22 23 from moneys credited to the general fund of the state as a 22 24 result of the state entering into the streamlined sales and 22 25 use tax agreement to the secure an advanced vision for 22 26 education fund created in section 422E.3A, the sum of five 22 27 million dollars for each fiscal year of the fiscal period 22 28 beginning July 1, 2004, and ending June 30, 2014. The 22 29 appropriation in this section shall be made after the 22 30 appropriation from the same source to the grow Iowa values 22 31 fund created in2003 Iowa Acts, First Extraordinary Session,22 32chapter 1, or another Actsection 15G.108. For purposes of 22 33 this section, "moneys credited to the general fund of the 22 34 state as a result of entering into the streamlined sales and 22 35 use tax agreement" means the amount of sales and use tax 23 1 receipts credited to the general fund of the state during a 23 2 fiscal year that exceeds by two percent or more the total 23 3 sales and use tax receipts credited to the general fund of the 23 4 state during the previous fiscal year. 23 5 Sec. 59. Section 305.9, subsection 1, paragraph k, Code 23 6 Supplement 2003, is amended to read as follows: 23 7 k. Manage the state archives and develop operating 23 8 procedures for the transfer,accessioningaccession, 23 9 arrangement, description, preservation, protection, and public 23 10 access of those records the commission identifies as having 23 11 permanent value. 23 12 Sec. 60. Section 322B.2, subsection 8, Code 2003, is 23 13 amended to read as follows: 23 14 8. "Modular home" means a factory-built structure which is 23 15 manufactured to be used as a place of human habitation, is 23 16 constructed to comply with the Iowa state building code for 23 17 modular factory-built structures, as adopted pursuant to 23 18 section 103A.7, and displays a seal issued by the state 23 19 building code commissioner. 23 20 Sec. 61. Section 322F.1, subsection 1, Code Supplement 23 21 2003, is amended to read as follows: 23 22 1. "Agricultural equipment" means a device, part of a 23 23 device, or an attachmentofto a device designed to be 23 24 principally used for an agricultural purpose. "Agricultural 23 25 equipment" includes but is not limited to equipment associated 23 26 with livestock or crop production, horticulture, or 23 27 floriculture. "Agricultural equipment" includes but is not 23 28 limited to tractors; trailers; combines; tillage, planting, 23 29 and cultivating implements;bailersbalers; irrigation 23 30 implements; and all-terrain vehicles. 23 31 Sec. 62. Section 322F.7, subsection 7, paragraph a, 23 32 subparagraph (1), Code Supplement 2003, is amended to read as 23 33 follows: 23 34 (1) For a dealership agreement governing equipment other 23 35 than outdoor power equipment, takes action terminating, 24 1 canceling, or failing to renew the dealership agreement, or 24 2 substantially changes the competitive circumstances intended 24 3 by the dealership agreement, due to the results of conditions 24 4 beyond the dealer's control, including drought, flood, labor 24 5 disputes, or economic recession. 24 6 Sec. 63. Section 331.440A, subsection 6, paragraph c, 24 7 subparagraph (1), Code 2003, is amended to read as follows: 24 8 (1) State and federal medical assistance funding for 24 9 services under a home and community-basedwaiverservices 24 10 waiver to persons with mental retardation. 24 11 Sec. 64. Section 384.38, subsection 2, Code 2003, is 24 12 amended to read as follows: 24 13 2. Upon petition as provided in section 384.41, subsection 24 14 1, a city may assess to private property affected by public 24 15 improvements within three miles of the city's boundaries the 24 16 cost of construction and repair of public improvements within 24 17 that area. The right-of-way of a railway company shall not be 24 18 assessed unless the company joins as a petitioner for said 24 19 improvements. In the petition the property owners shall waive 24 20 the limitation provided in section 384.62 that an assessment 24 21mayshall not exceed twenty-five percent of the value of the 24 22 lot. The petition shall contain a statement that the owners 24 23 agree to pay the city an amount equal to five percent of the 24 24 cost of the improvements, to cover administrative expenses 24 25 incurred by the city. This amount may be added to the cost of 24 26 the improvements. Before the council may adopt the resolution 24 27 of necessity, the preliminary resolution, preliminary plans 24 28 and specifications, plat, schedule, and estimate of cost must 24 29 be submitted to, and receive written approval from, the board 24 30 of supervisors of any county which contains part of the 24 31 property, and the city development board established in 24 32 section 368.9. 24 33 Sec. 65. Section 422.7, subsection 38, Code Supplement 24 34 2003, is amended to read as follows: 24 35 38. Subtract, to the extent not otherwise excluded, the 25 1 amount of withdrawals from qualified retirement plan accounts 25 2 made during the tax year if the taxpayer or taxpayer's spouse 25 3 is a member of the Iowa national guard or reserve forces of 25 4 the United States who is ordered toactivestate military 25 5 service or federal service or duty. In addition, a penalty 25 6 for such withdrawals shall not be assessed by the state. 25 7 Sec. 66. Section 422.42, subsection 4, Code 2003, is 25 8 amended to read as follows: 25 9 4. "Farm deer" means the same as defined in section189A.225 10 170.1. 25 11 Sec. 67. Section 422E.3A, subsection 2, paragraph b, 25 12 subparagraph (3), Code Supplement 2003, is amended to read as 25 13 follows: 25 14 (3) A school district that is located in whole or in part 25 15 in a county that voted on and approved the continuation of the 25 16 local sales and services tax for school infrastructure 25 17 purposes on or after April 1, 2003,the local sales and25 18services tax for school infrastructure purposesshall receive 25 19 an amount equal to its pro rata share of the local sales and 25 20 services tax receipts as provided in section 422E.3, 25 21 subsection 5, paragraph "d", not to exceed its guaranteed 25 22 school infrastructure amount. However, if the school 25 23 district's pro rata share is less than its guaranteed school 25 24 infrastructure amount, the district shall receive an 25 25 additional amount equal to its supplemental school 25 26 infrastructure amount. 25 27 Sec. 68. Section 422E.5, subsection 3, Code 2003, is 25 28 amended to read as follows: 25 29 3. Top priority in awarding program grants shall be the 25 30 making of school infrastructure improvements relating to fire 25 31 and personal safety. School districts eligible for program 25 32 grants shall have received an order or citation from the state 25 33 fire marshal, or a fire department chief or fire prevention 25 34 officer, for one or more fire safety violations regarding a 25 35 school facility, or in the opinion of the state fire marshal 26 1 shall be regarded as operating facilities subject to 26 2 significant fire safety deficiencies. Grant awards shall also 26 3 be available for defects or violations of the state building 26 4 code, as adopted pursuant to section 103A.7, revealed during 26 5 an inspection of school facilities by a local building 26 6 department, or for improvements consistent with the standards 26 7 and specifications contained in the state building code 26 8 regarding ensuring that buildings and facilities are 26 9 accessible to and functional for persons with disabilities. 26 10 The school budget review committee shall allocate program 26 11 funds to school districts which, in its discretion, are 26 12 determined to be faced with the most severe deficiencies. 26 13 School districts applying for program grants shall have 26 14 developed and submitted to the state fire marshal or local 26 15 building department a written plan to remedy fire or safety 26 16 defects within a specified time frame. Approval of the 26 17 written plan by the state fire marshal or local building 26 18 department shall be obtained prior to receipt of a grant award 26 19 by a school district. 26 20 Sec. 69. Section 426A.7, Code 2003, is amended to read as 26 21 follows: 26 22 426A.7 FORMS – RULES. 26 23 The director of revenue shall prescribe the form for the 26 24 making of a verified statement and designation of property 26 25 eligible for military service tax exemption, and the form for 26 26 the supporting affidavits required herein, and such other 26 27 forms as may be necessary for the proper administration of 26 28 this chapter.As soon as practicable after the effective date26 29of this chapter, and fromFrom time to timethereafteras 26 30 necessary, the department of revenue shall forward to the 26 31 county auditors of the several counties of the state, such 26 32 prescribed sample forms. The director of revenue shall have 26 33 the power and authority to prescribe rules, not inconsistent 26 34 with the provisions of this chapter, necessary to carry out 26 35 and effectuate its purposes. 27 1 Sec. 70. Section 435.1, subsection 7, Code 2003, is 27 2 amended to read as follows: 27 3 7. "Modular home" means a factory-built structure which is 27 4 manufactured to be used as a place of human habitation, is 27 5 constructed to comply with the Iowa state building code for 27 6 modular factory-built structures, as adopted pursuant to 27 7 section 103A.7, and must display the seal issued by the state 27 8 building code commissioner. If a modular home is placed in a 27 9 manufactured home community or mobile home park, the home is 27 10 subject to the annual tax as required by section 435.22. If a 27 11 modular home is placed outside a manufactured home community 27 12 or a mobile home park, the home shall be considered real 27 13 property and is to be assessed and taxed as real estate. 27 14 Sec. 71. Section 441.23, Code Supplement 2003, is amended 27 15 to read as follows: 27 16 441.23 NOTICE OF VALUATION. 27 17 If there has been an increase or decrease in the valuation 27 18 of the property, or upon the written request of the person 27 19 assessed, the assessor shall, at the time of making the 27 20 assessment, inform the person assessed, in writing, of the 27 21 valuation put upon the taxpayer's property, and notify the 27 22 person, that if the person feels aggrieved, to appear before 27 23 the board of review and show why the assessment should be 27 24 changed. However, if the valuation of a class of property is 27 25 uniformly decreased, the assessor may notify the affected 27 26 property owners by publication in the official newspapers of 27 27 the county. The owners of real property shall be notified not 27 28 later than April 15 of any adjustment of the real property 27 29 assessment. 27 30 Sec. 72. Section 453D.5, subsection 3, Code Supplement 27 31 2003, is amended to read as follows: 27 32 3. The attorney general may require at any time from a 27 33 nonparticipating manufacturer proof from the financial 27 34 institution in which thenonparticipatorynonparticipating 27 35 manufacturer has established a qualified escrow fund for the 28 1 purpose of compliance with chapter 453C, of the amount of 28 2 money in the qualified escrow fund, exclusive of interest, the 28 3 amount and date of each deposit into the qualified escrow 28 4 fund, and the amount and date of each withdrawal from the 28 5 qualified escrow fund. 28 6 Sec. 73. Section 455B.172, subsection 5, unnumbered 28 7 paragraph 2, Code 2003, is amended to read as follows: 28 8 The department shall by rule adopt standards for the 28 9 commercial cleaning of private sewage disposal facilities, 28 10 including but not limited to septic tanks and pits used to 28 11 collect waste in livestock confinement structures, and for the 28 12 disposal of waste from the facilities. The standards shall 28 13 not be in conflict with the state building code adopted 28 14 pursuant to section 103A.7. A person shall not commercially 28 15 clean such facilities or dispose of waste from such facilities 28 16 unless the person has been issued a license by the department. 28 17 The department shall be exclusively responsible for adopting 28 18 the standards and issuing licenses. However, county boards of 28 19 health shall enforce the standards and licensing requirements 28 20 established by the department. Application for the license 28 21 shall be made in the manner provided by the department. 28 22 Licenses expire one year from the date of issue unless revoked 28 23 and may be renewed in the manner provided by the department. 28 24 The license or license renewal fee is twenty-five dollars. A 28 25 person violating this section or the rules adopted pursuant to 28 26 this section, is subject to a civil penalty of not more than 28 27 twenty-five dollars. Each day that a violation continues 28 28 constitutes a separate offense. However, the total civil 28 29 penalty shall not exceed five hundred dollars per year. The 28 30 penalty shall be assessed for a violation occurring ten days 28 31 following written notice of the violation delivered to the 28 32 person by the department or a county board of health. Moneys 28 33 collected by the department or a county board of health from 28 34 the imposition of civil penalties shall be deposited in the 28 35 general fund of the state. 29 1 Sec. 74. Section 455D.19, subsection 4, unnumbered 29 2 paragraph 2, Code 2003, is amended to read as follows: 29 3 Concentration levels of lead, cadmium, mercury, and 29 4 hexavalent chromium shall be determined using ASTM (American 29 5standard ofsociety for testing and materials) international 29 6 test methods, as revised, or United States environmental 29 7 protection agency test methods for evaluating solid waste, S-W 29 8 846, as revised. 29 9 Sec. 75. Section 455H.204, subsection 2, paragraph d, Code 29 10 2003, is amended to read as follows: 29 11 d. Risk-based corrective action assessment principles 29 12 which identify risks presented to the public health and safety 29 13 or the environment by each released hazardous substance in a 29 14 manner that will protect the public health and safety or the 29 15 environment using a tiered procedure consistent with the ASTM 29 16 (American society for testingof materials'and materials) 29 17 international standards applied to nonpetroleum and petroleum 29 18 hazardous substances. 29 19 Sec. 76. Section 459.102, subsection 12, paragraph a, Code 29 20 Supplement 2003, is amended to read as follows: 29 21 a. A manager of a commercial manure service. As used in 29 22 this paragraph a "manager" is a person who is actively 29 23 involved in the operation of a commercial manure service and 29 24 takes an important part in making management decisions 29 25 substantially contributing to or affecting the success of the 29 26 commercial manure service. 29 27 Sec. 77. Section 459.401, subsection 2, paragraph a, 29 28 subparagraph (3), Code Supplement 2003, is amended to read as 29 29 follows: 29 30 (3) Educational program fees required to be paid by 29 31 commercial manure service representatives or confinement site 29 32 manure applicators pursuant to section 459.400. 29 33 Sec. 78. Section 496C.16, Code Supplement 2003, is amended 29 34 to read as follows: 29 35 496C.16 MANAGEMENT. 30 1 All directors of a professional corporation and all 30 2 officers of a professional corporation, except assistant 30 3 officers, shall at all times be individuals who are licensed 30 4 to practice in this state a profession which the corporation 30 5 is authorized to practice. However, upon the occurrence of 30 6 any event that requires the corporation either to be dissolved 30 7 or to elect to adopt the provisions of the Iowa business 30 8 corporation Act, chapter 490, as provided in section 496C.19, 30 9 provided the corporation ceases to practice the profession 30 10 that the corporation is authorized to practice, as provided in 30 11 section 496C.19, then individuals who are not licensed to 30 12 practice in this state a profession that the corporation is 30 13 authorized to practice may be appointed as officers and 30 14 directors for the sole purpose of carrying out the dissolution 30 15 of the corporation or, if applicable, the voluntary election 30 16 of the corporation to adopt the provisions of the Iowa 30 17 business corporation Act, as provided in section 496C.19. 30 18 Sec. 79. Section 497.33, Code Supplement 2003, is amended 30 19 to read as follows: 30 20 497.33 PERSONAL LIABILITY. 30 21 Except as otherwise provided in this chapter, a director, 30 22 officer, employee, or member of the corporation is not liable 30 23 on the corporation's debts or obligations and a director, 30 24 officer, member, or other volunteer is not personally liable 30 25 in that capacity, for a claim based upon any action taken, or 30 26 any failure to take action in the discharge of the person's 30 27 duties, except for the amount of a financial benefit received 30 28 by the person to which the person is not entitled, an 30 29 intentional infliction of harm on theassociationcorporation 30 30 or its members, or an intentional violation of criminal law. 30 31 Sec. 80. Section 499B.3, unnumbered paragraph 2, Code 30 32 2003, is amended to read as follows: 30 33 If the declaration is to convert an existing structure, the 30 34 declarant shall file the declaration of the horizontal 30 35 property regime with the city in which the regime is located 31 1 or with the county if not located within a city at least sixty 31 2 days before being recorded in the office of the county 31 3 recorder to enable the city or county, as applicable, to 31 4 establish that the converted structure meets appropriate 31 5 building code requirements as provided in section 499B.20. 31 6 However, if the city or county, as applicable, does not have a 31 7 building code, the declarant shall file the declaration with 31 8 the state building code commissioner instead of the applicable 31 9 city or county at least sixty days before the recording of the 31 10 declaration to enable the commissioner to establish that the 31 11 converted structure meets the state building code, as adopted 31 12 pursuant to section 103A.7. 31 13 Sec. 81. Section 499B.20, Code 2003, is amended to read as 31 14 follows: 31 15 499B.20 CONVERSIONS TO MEET BUILDING CODES. 31 16 After April 25, 2000, an existing structure shall not be 31 17 converted to a horizontal property regime unless the converted 31 18 structure meets local city or county, as applicable, building 31 19 code requirements in effect on the date of conversion or the 31 20 state building code requirements, as adopted pursuant to 31 21 section 103A.7, if the local city or county does not have a 31 22 building code. For purposes of this section, if the structure 31 23 is located in a city, the city building code applies and if 31 24 the structure is located in the unincorporated area of the 31 25 county, the county building code applies. 31 26 Sec. 82. Section 504A.29, subsection 1, Code 2003, is 31 27 amended to read as follows: 31 28 1. The name of the corporation and the chapter of the Code 31 29 orsession lawsIowa Acts under which incorporated. 31 30 Sec. 83. Section 504A.39, subsection 4, paragraph e, Code 31 31 2003, is amended to read as follows: 31 32 e. Any other provisions, not inconsistent with law or the 31 33 purposes which the corporation is authorized to pursue, which 31 34 are to be set forth in articles of incorporation; except that 31 35 it shall not be necessary to set forth in the restated 32 1 articles of incorporation any of the corporate powers 32 2 enumerated in this chapter nor any statement with respect to 32 3 the chapter of the Code orsession lawsIowa Acts under which 32 4 the corporation was incorporated, its registered office, 32 5 registered agent, directors, or incorporators, or the date on 32 6 which its corporate existence began. 32 7 Sec. 84. Section 504C.1, subsection 3, paragraph a, Code 32 8 2003, is amended to read as follows: 32 9 a. Design, modify, or construct a specific housing 32 10 facility to provide appropriate services and support to the 32 11 residents of the specific housing facility. Local 32 12 requirements shall not be more restrictive than the rules 32 13 adopted for a family home, as defined in section 335.25 or 32 14 414.22, and the state building code requirements for single- 32 15 family or multiple-family housing, as adopted pursuant to 32 16 section 103A.7. 32 17 Sec. 85. Section 508.31A, subsection 2, paragraph a, 32 18 subparagraph (2), subparagraph subdivision (b), Code 32 19 Supplement 2003, is amended to read as follows: 32 20 (b) Activities of an organization exempt from taxation 32 21 pursuant to section501c501(c) of the Internal Revenue Code, 32 22 or any similar organization in any foreign country. 32 23 Sec. 86. Section 508.38, subsection 11, Code Supplement 32 24 2003, is amended to read as follows: 32 25 11. After July 1, 2003, a company may elect either to 32 26 apply the provisions of this section as it existed prior to 32 27 July 1, 2003, or to apply the provisions of this section as 32 28enactedamended by 2003 Acts, ch 91, }8–1010, to annuity 32 29 contracts on a contract form-by-form basis beforethe second32 30anniversary of the effective date of 2003 Acts, ch 91, } 8–1032 31 July 1, 2005. In all other instances, this section shall 32 32 become operative with respect to annuity contracts issued by 32 33 the company two years after July 1, 2003. 32 34 Sec. 87. Section 514.2, Code Supplement 2003, is amended 32 35 to read as follows: 33 1 514.2 INCORPORATION. 33 2 Persons desiring to form a nonprofit hospital service 33 3 corporation, or a nonprofit medical service corporation, or a 33 4 nonprofit pharmaceutical or optometric service corporation 33 5 shallincorporatehave been incorporated under the provisions 33 6 of chapter 504, Code 1989, or shall incorporate under the 33 7 provisions of chapter 504A, as supplemented and amended herein 33 8 and any acts amendatory thereof. 33 9 Sec. 88. Section 533C.202, subsection 2, paragraph e, Code 33 10 Supplement 2003, is amended to read as follows: 33 11 e. A list of other states in which the applicant is 33 12 licensed to engage in money transmission or provide other 33 13 money services and of any license revocations, suspensions, or 33 14 other disciplinary action taken against the applicant in 33 15 another state. 33 16 Sec. 89. Section 533C.301, subsection 1, unnumbered 33 17 paragraph 1, Code Supplement 2003, is amended to read as 33 18 follows: 33 19 A person shall not engage in currency exchange or 33 20 advertise, solicit, or hold itself out as providing currency 33 21 exchange for which the person receives revenues equal to or 33 22 greater than five percent of total revenues unless the person: 33 23 Sec. 90. Section 544A.28, unnumbered paragraph 4, Code 33 24 2003, is amended to read as follows: 33 25 A public official charged with the enforcement of the state 33 26 building code, as adopted pursuant to section 103A.7, or a 33 27 municipal or county building code, shall not accept or approve 33 28 any technical submissions involving the practice of 33 29 architecture unless the technical submissions have been 33 30 stamped with the architect's seal as required by this section 33 31 or unless the applicant has certified on the technical 33 32 submission to the applicability of a specific exception under 33 33 section 544A.18 permitting the preparation of technical 33 34 submissions by a person not registered under this chapter. A 33 35 building permit issued with respect to technical submissions 34 1 which do not conform to the requirements of this section is 34 2 invalid. 34 3 Sec. 91. Section 554.10105, unnumbered paragraph 1, Code 34 4 2003, is amended to read as follows: 34 5 The secretary of state, the secretary's employees or 34 6 agents, are hereby exempted from all personal liability as a 34 7 result of errors or omissions in the performance of any duty 34 8 required by the Uniform Commercial Code, as provided in this 34 9 chapter554, except in cases of willful negligence. 34 10 Sec. 92. Section 570A.5, unnumbered paragraph 1, Code 34 11 Supplement 2003, is amended to read as follows: 34 12 Except as provided in this section, an agricultural supply 34 13dealer'sdealer lien that is effective or perfected as 34 14 provided in section 570A.4 shall be subject to the rules of 34 15 priority as provided in section 554.9322. For an agricultural 34 16 supplydealer'sdealer lien that is perfected under section 34 17 570A.4, all of the following shall apply: 34 18 Sec. 93. Section 570A.5, subsections 1 and 2, Code 34 19 Supplement 2003, are amended to read as follows: 34 20 1. The lien shall have priority over a lien or security 34 21 interest that applies subsequent to the time that the 34 22 agricultural supplydealer'sdealer lien is perfected. 34 23 2. Except as provided in section 570A.2, subsection 3, the 34 24 lien shall have equal priority to a lien or security interest 34 25 which is perfected prior to the time that the agricultural 34 26 supplydealer'sdealer lien is perfected. However, a 34 27 landlord's lien that is perfected pursuant to section 570.1 34 28 shall have priority over a conflicting agricultural supply 34 29dealer'sdealer lien as provided in section 570.1, and a 34 30 harvester's lien that is perfected pursuant to section 571.3 34 31 shall have priority over a conflicting agricultural supply 34 32dealer'sdealer lien as provided in section 571.3A. 34 33 Sec. 94. Section 570A.6, Code Supplement 2003, is amended 34 34 to read as follows: 34 35 570A.6 ENFORCEMENT OF LIEN. 35 1 An agricultural supply dealer may enforce an agricultural 35 2 supplydealer'sdealer lien in the manner provided for 35 3 agricultural liens pursuant to chapter 554, article 9, part 6. 35 4 Sec. 95. Section 591.17, unnumbered paragraph 1, Code 35 5 2003, is amended to read as follows: 35 6 In all instances where corporations not for pecuniary 35 7 profit have heretofore adopted renewal articles of 35 8 incorporation or articles of reincorporation and there has 35 9 been a failure to set forth therein the time of the annual 35 10 meeting or the time of the annual meeting of the trustees or 35 11 directors and such renewal articles of incorporation or 35 12 articles of reincorporation are otherwise complete and in 35 13 compliance with the law as set forth in section 504.1, Code 35 14 1989, such renewal articles of incorporation or articles of 35 15 reincorporation are hereby legalized and validated and shall 35 16 be held to have the same force and effect as though all of 35 17 such provisions had been complied with in all respects. 35 18 Sec. 96. Section 598B.106, Code 2003, is amended to read 35 19 as follows: 35 20 598B.106 EFFECT OF CHILD-CUSTODY DETERMINATION. 35 21 A child-custody determination made by a court of this state 35 22 that hadjursidictionjurisdiction under this chapter binds 35 23 all persons who have been served in accordance with the laws 35 24 of this state, or notified in accordance with section 35 25 598B.108, or who have submitted to the jurisdiction of the 35 26 court, and who have been given an opportunity to be heard. As 35 27 to those persons, the determination is conclusive as to all 35 28 decided issues of law and fact except to the extent the 35 29 determination is modified. 35 30 Sec. 97. Section 602.11112, Code 2003, is amended to read 35 31 as follows: 35 32 602.11112 FIFTH JUDICIAL ELECTION DISTRICT. 35 33 The provisions of section 602.6109, Code 2003, relating to 35 34 the division of the fifth judicial district into judicial 35 35 election districts 5A, 5B, and 5C take effect January 1, 1985. 36 1 Sec. 98. Section 602.11115, subsection 3, Code Supplement 36 2 2003, is amended to read as follows: 36 3 3. To commence coverage under the judicial retirement 36 4 system pursuant to article 9, part 1, retroactive to the date 36 5 the district associate judge became a district associate judge 36 6 or a full-time judicial magistrate, whichever was earlier, and 36 7 to cease to be a member of the Iowa public employees' 36 8 retirement system, effective July 1, 1984. The department of 36 9administrative servicespersonnel shall transmit by January 1, 36 10 1985, to the state court administrator for deposit in the 36 11 judicial retirement fund the district associate judge's 36 12 accumulated contributions as defined in section 97B.1A, 36 13 subsection 2 for the judge's period of membership service as a 36 14 district associate judge or full-time judicial magistrate, or 36 15 both. Before July 1, 1986, or at retirement previous to that 36 16 date, a district associate judge who becomes a member of the 36 17 judicial retirement system pursuant to this subsection shall 36 18 contribute to the judicial retirement fund an amount equal to 36 19 the difference between four percent of the district associate 36 20 judge's total basic salary for the entire period of service 36 21 before July 1, 1984, as a district associate judge or judicial 36 22 magistrate, or both, and the district associate judge's 36 23 accumulated contributions transmitted by the department of 36 24administrative servicespersonnel to the state court 36 25 administrator pursuant to this subsection. The district 36 26 associate judge's contribution shall not be limited to the 36 27 amount specified in section 602.9104, subsection 1. The state 36 28 court administrator shall credit a district associate judge 36 29 with service under the judicial retirement system for the 36 30 period of service for which contributions at the four percent 36 31 level are made. 36 32 Sec. 99. Section 633.707, subsection 3, Code 2003, is 36 33 amended to read as follows: 36 34 3. "Institutionalized individual" means an individual 36 35 receiving nursing facility services, a level of care in any 37 1 institution equivalent to nursing facility services, or home 37 2 and community-based services under the medical assistance home 37 3 and community-based services waiver program. 37 4 Sec. 100. Section 633.709, subsection 3, paragraphs a, b, 37 5 c, and e, Code 2003, are amended to read as follows: 37 6 a. For a beneficiary who meets the medical assistance 37 7 level of care requirements for services in an intermediate 37 8 care facility for persons with mental retardation and who 37 9 either resides in an intermediate care facility for persons 37 10 with mental retardation or is eligible for services under the 37 11 medical assistance home and community-based services waiver 37 12servicesexcept that the beneficiary's income exceeds the 37 13 allowable maximum, the applicable rate is the maximum monthly 37 14 medical assistance payment rate for services in an 37 15 intermediate care facility for persons with mental 37 16 retardation. 37 17 b. For a beneficiary who meets the medical assistance 37 18 level of care requirements for hospital-based, medicare- 37 19 certified, skilled nursing facility care and who either 37 20 resides in a hospital-based, medicare-certified, skilled 37 21 nursing facility or is eligible for services under the medical 37 22 assistance home and community-based services waiverservices 37 23 except that the beneficiary's income exceeds the allowable 37 24 maximum, the applicable rate is the statewide average charge 37 25 to private-pay patients for hospital-based, MEDICARE- 37 26 certified, skilled nursing facility care. 37 27 c. For a beneficiary who meets the medical assistance 37 28 level of care requirements for nonhospital-based, Medicare- 37 29 certified, skilled nursing facility care and who either 37 30 resides in a nonhospital-based, Medicare-certified, skilled 37 31 nursing facility or is eligible for services under the medical 37 32 assistance home and community-based services waiverservices37 33 except that the beneficiary's income exceeds the allowable 37 34 maximum, the applicable rate is the statewide average charge 37 35 to private-pay patients for nonhospital-based, Medicare- 38 1 certified, skilled nursing facility care. 38 2 e. For a beneficiary who meets the medical assistance 38 3 level of care requirements for services in a state mental 38 4 health institute and who either resides in a state mental 38 5 health institute or is eligible for services under a medical 38 6 assistance home and community-based services waiverservices38 7 except that the beneficiary's income exceeds the allowable 38 8 maximum, the applicable rate is the statewide average charge 38 9 for state mental health institute care. 38 10 Sec. 101. Section 669.14, subsection 5, Code Supplement 38 11 2003, is amended to read as follows: 38 12 5. Any claim by an employee of the state which is covered 38 13 by the Iowa workers' compensation law or the Iowa occupational 38 14 disease law, chapter 85A. 38 15 Sec. 102. Section 709.15, subsection 1, paragraph g, Code 38 16 Supplement 2003, is amended to read as follows: 38 17 g. "Student" means a person who is currently enrolled in 38 18 or attending a public or nonpublic elementary or secondary 38 19 school, or who was a student enrolled in or who attended a 38 20 public or nonpublic elementary or secondary school within 38 21 thirty days of any violation of subsection 3. 38 22 Sec. 103. 2003 Iowa Acts, chapter 91, section 10, the 38 23 portion of which amends section 508.38, subsection 11, Code 38 24 2003, is amended to read as follows: 38 25 11. After the effective date of this section of this Act, 38 26 a company may elect either to apply the provisions of this 38 27 section as it existed prior to the effective date of this 38 28 section of this Act or to apply the provisions of this section 38 29 as enacted by this Act to annuity contracts on a contract 38 30 form-by-form basis before the second anniversary of the 38 31 effective date of this section of this Act. In all other 38 32 instances, this section shall become operative with respect to 38 33 annuity contracts issued by the company two years after the 38 34 effective date of this section of this Act. 38 35 Sec. 104. 2003 Iowa Acts, chapter 143, section 17, 39 1 subsection 2, is amended to read as follows: 39 2 2. The section of this Act amending section 123.183 and 39 3 relating to the deposit of revenue collected from the wine 39 4 gallonage tax in the grape and wine development fund is 39 5 retroactively applicable to July 1, 2002. The revenue 39 6 collected during the fiscal year beginning on July 1, 2002, 39 7 and ending on June 30, 2003, from the wine gallonage tax on 39 8 wine imported into this state at wholesale and sold in this 39 9 state at wholesale as provided in section 123.183 that is in 39 10 excess of the revenue collected from such tax during the 39 11 fiscal year beginning July 1, 2001, and ending on June 30, 39 12 2002, shall be deposited in the grape and wine development 39 13 fund as created in section175.5175A.5. However, not more 39 14 than seventy-five thousand dollars from such tax shall be 39 15 deposited into the fund. 39 16 Sec. 105. Section 423.3, subsection 33, as enacted by 2003 39 17 Iowa Acts, 1st Extraordinary Session, chapter 2, section 96, 39 18 is amended to read as follows: 39 19 33. The sales price of mementos and other items relating 39 20 to Iowa history and historic sites, the general assembly, and 39 21 the state capitol, sold by the legislativeservice bureau39 22 services agency and its legislative information office on the 39 23 premises of property under the control of the legislative 39 24 council, at the state capitol, and on other state property. 39 25 Sec. 106. CODE EDITOR DIRECTIVE – ASTM INTERNATIONAL. 39 26 The Code editor is directed to change references to the 39 27 American society for testing and materials to references to 39 28 ASTM international in the following Code and Code supplement 39 29 sections, and in any other Code sections amended or enacted 39 30 during the 80th General Assembly, second session, or during 39 31 prior sessions of the General Assembly, consistent with the 39 32 reference changes made relating to the same organization in 39 33 this Act: 159A.2, 214A.1, 214A.2, 359A.18, 452A.2, 455B.173, 39 34 455B.474, 455D.19, and 459.307. 39 35 Sec. 107. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. 40 1 The section of this Act amending 2003 Iowa Acts, chapter 91, 40 2 section 10, being deemed of immediate importance, takes effect 40 3 upon enactment and applies retroactively to July 1, 2003. 40 4 EXPLANATION 40 5 This bill makes Code changes and corrections that are 40 6 considered to be nonsubstantive and noncontroversial, in 40 7 addition to style changes. Changes made include updating or 40 8 correcting various names of and references to public and 40 9 private entities and funds, correcting internal Code and 40 10 subject matter references, and making various grammatical 40 11 corrections. Code sections in which the technical, 40 12 grammatical, and other nonsubstantive changes are made include 40 13 the following: 40 14 Code sections 2B.10, 2B.17, and 3.3: Substitutes the term 40 15 "Iowa Acts" for "session laws" to correspond to current 40 16 language. 40 17 Code section 7J.1: Deletes the phrase ", if the department 40 18 is established in law," following a reference to the 40 19 department of administrative services. The department of 40 20 administrative services was established in 2003 Iowa Acts, 40 21 chapter 145. 40 22 Code section 8.59: Simplifies the punctuation of a 40 23 sentence within the section to adjust hypertext linkages for 40 24 the computerized version of the Iowa Code. 40 25 Code section 8A.124: Makes a grammatical correction in a 40 26 provision relating to additional personnel employed by the 40 27 department of administrative services. 40 28 Code section 8A.402: Makes a grammatical correction in a 40 29 provision relating to state government human resources duties 40 30 of the department of administrative services. 40 31 Code section 8A.502: Deletes a redundant use of the word 40 32 "necessary" in a provision requiring the department of 40 33 administrative services to develop certain reports and 40 34 procedures. 40 35 Code section 11.27: Substitutes for a name reference to 41 1 the budget and financial control Act, the numerical reference 41 2 for that same Act. 41 3 Code section 15.269: Corrects a reference to the defined 41 4 term "cogeneration pilot project facilities". 41 5 Code sections 28.4 and 135.106: Corrects references to the 41 6 healthy opportunities for parents to experience success – 41 7 healthy families Iowa program to reflect the correct name of 41 8 the program. 41 9 Code sections 29A.1, 29A.8A, 29A.28, 29A.90, 29B.13, 41 10 260C.14, 261.9, 262.9, and 422.7: Changes a term used to 41 11 describe certain state military duty at the request of the 41 12 department of public defense to avoid an unfortunate acronym. 41 13 Code section 72.5: Corrects a reference to the title 41 14 assigned to the head of the administrative unit responsible 41 15 for administration of the state building code. 41 16 Code section 80.35: Changes a reference from the 41 17 department of administrative services to the department of 41 18 general services, a predecessor agency to the department of 41 19 administrative services, to reflect that the transfer of 41 20 employees referenced in the Code section occurred with the 41 21 department of general services prior to the creation of the 41 22 new department. 41 23 Code section 80B.5: Substitutes the words "this chapter" 41 24 for a reference by Act name for Code chapter 80B. 41 25 Code section 96.7: Deletes an incorrect reference to the 41 26 year 2003 following the phrase "subsequent calendar year". 41 27 The reference should have been stricken in the 2003 41 28 legislation extending the unemployment compensation surcharge 41 29 for several years. 41 30 Code section 99B.9: Adds the term "governmental" prior to 41 31 "subdivision" to enhance readability. 41 32 Code section 99D.24: Corrects the spelling of the word 41 33 jurisdiction in a provision relating to the racing and gaming 41 34 commission. 41 35 Code section 99G.8, subsection 9: Eliminates unnecessary 42 1 language to enhance readability. 42 2 Code section 99G.10: Standardizes the names of the 42 3 national criminal history check and the state criminal history 42 4 repository in a provision relating to background 42 5 investigations of Iowa lottery authority personnel. Similar 42 6 standardization was accomplished in 2003 legislation. 42 7 Code section 99G.33: Changes the term "agreement" to 42 8 "contract" to provide consistency with the prior reference in 42 9 the section to contracting for investigative services. 42 10 Code sections 100.35, 100.38, 100.39, 135.18, 135B.17, 42 11 135C.28, 137C.31, 137D.6, 137F.16, 167.11, 322B.2, 422E.5, 42 12 435.1, 455B.172, 499B.3, 499B.20, 504C.1, and 544A.28: Adds 42 13 references to Code section 103A.7 following references to the 42 14 state building code. 42 15 Code section 100B.8: Changes a reference from the 42 16 department of administrative services to the department of 42 17 personnel, a predecessor agency to the department of 42 18 administrative services, to reflect that the transfer of 42 19 employees referenced in the Code section occurred with the 42 20 department of personnel prior to the creation of the new 42 21 department. 42 22 Code section 124.401: Makes a grammatical correction in a 42 23 provision relating to certain prohibited acts involving 42 24 controlled substances. 42 25 Code section 135.142: Makes a grammatical correction in a 42 26 provision relating to shortages of health care supplies during 42 27 a public health disaster. 42 28 Code sections 145A.16 and 260C.18: Adds a chapter number 42 29 reference to the descriptive reference to the short title of 42 30 Code chapter 24. The short title, "local budget law", is 42 31 contained in Code section 24.1. 42 32 Code sections 159A.2, 214A.1, 214A.2, 359A.18, 452A.2, 42 33 455B.173, 455B.474, 455D.19, and 459.307: Corrects references 42 34 to the organization formerly known as the American society for 42 35 testing and materials, now known as ASTM international, in a 43 1 manner which is consistent with changes made in Code sections 43 2 455D.19 and 455H.204 in this bill. 43 3 Code sections 232.71D, 249A.12, 249A.30, 249H.3, 249H.5, 43 4 331.440A, 633.707, and 633.709: Corrects various references 43 5 to home and community-based services waivers under the medical 43 6 assistance program. The correct name for the waiver is the 43 7 "home and community-based services waiver". 43 8 Code section 237A.29: Makes a grammatical correction in a 43 9 provision providing sanctions for obtaining public funding for 43 10 provision of child care by fraudulent means. 43 11 Code section 255.13: Makes a grammatical correction in a 43 12 provision relating to attendants appointed to accompany 43 13 indigent persons to the hospital. 43 14 Code section 256A.4: Changes the manner in which certain 43 15 programs for at-risk children, who are three or four years in 43 16 age, are described to eliminate a technical issue encountered 43 17 in the desktop publication process for this Code section. 43 18 Code section 285.10: Rewords a provision relating to 43 19 purchases of buses by schools to provide proper transition 43 20 between the lead-in paragraph and a subsequent paragraph. 43 21 Code section 292.4: Corrects a reference to the "grow Iowa 43 22 values fund", the proper name of the fund. The bill also 43 23 substitutes "section 15G.108" for a reference to the 2003 43 24 legislation creating the fund. 43 25 Code section 305.9: Makes a grammatical correction in a 43 26 provision relating to the responsibilities of the department 43 27 of cultural affairs. 43 28 Code section 322F.1: Makes grammatical corrections in a 43 29 provision providing definitions for Code chapter 322F, 43 30 relating to equipment dealership agreements. 43 31 Code section 322F.7: Makes a grammatical correction in a 43 32 provision delineating specific violations of Code chapter 43 33 322F, relating to equipment dealership agreements. 43 34 Code section 384.38: Makes a grammatical correction in a 43 35 provision relating to costs a city may assess to private 44 1 property. 44 2 Code section 422.42: Substitutes a reference to Code 44 3 section 170.1 for a reference to Code section 189A.2. Code 44 4 section 170.1 contains the actual definition for "farm deer", 44 5 while Code section 189A.2 merely references that definition. 44 6 Code section 422E.3A: Makes a grammatical correction in a 44 7 provision relating to division of receipts from the local 44 8 sales and services tax for school infrastructure purposes. 44 9 Code section 426A.7: Eliminates the clause "As soon as 44 10 practicable after the effective date of this chapter," from a 44 11 provision requiring the department of revenue to forward 44 12 certain sample forms to county auditors. Code chapter 426A 44 13 has been effective for a number of years. 44 14 Code section 441.23: Makes a grammatical correction in a 44 15 provision relating to adjustments in real property valuation 44 16 assessments. 44 17 Code section 453D.5: Substitutes "nonparticipating 44 18 manufacturer" for "nonparticipatory manufacturer" to agree 44 19 with other uses of the term in the Code section. 44 20 Code section 455D.19: Corrects a reference to the 44 21 organization formerly known as the American society for 44 22 testing and materials, now known as ASTM international, in a 44 23 provision relating to the testing of solid waste packaging 44 24 materials for heavy metal content. 44 25 Code section 455H.204: Corrects a reference to the 44 26 organization formerly known as the American society of testing 44 27 and materials, now known as ASTM international, in language 44 28 regarding standards for site-specific cleanup in areas 44 29 contaminated by certain hazardous substances. 44 30 Code section 459.102: Makes a grammatical correction in a 44 31 provision defining "commercial manure service representative" 44 32 for purposes of Code chapter 459, the animal agriculture 44 33 compliance Act. 44 34 Code section 459.401: Corrects a reference to the defined 44 35 term "commercial manure service representative". 45 1 Code section 496C.16: Adds a number reference to Code 45 2 chapter 490 following a reference to the Iowa business 45 3 corporation Act. 45 4 Code section 497.33: Substitutes "corporation" for 45 5 "association" to agree with other uses of the term in the Code 45 6 section. 45 7 Code sections 504A.29 and 504A.39: Substitutes the term 45 8 "Iowa Acts" for "session laws" to correspond to current 45 9 language. 45 10 Code section 508.31A: Corrects a reference to section 45 11 501(c) of the Internal Revenue Code. 45 12 Code section 508.38: Clarifies that the Code section was 45 13 amended, rather than enacted, by 2003 Iowa Acts, chapter 91, 45 14 section 10. The bill substitutes "July 1, 2005" for "the 45 15 second anniversary of the effective date of 2003 Acts, ch 91, 45 16 } 8-10". 45 17 Code section 514.2: Makes grammatical corrections in a 45 18 provision relating to incorporation of certain nonprofit 45 19 medical service organizations. 45 20 Code sections 533C.201 and 533C.301: Makes grammatical 45 21 changes in language contained in two provisions in the uniform 45 22 money services Act enacted in 2003 Acts, chapter 96. 45 23 Code section 554.10105: Eliminates a self-reference 45 24 contained in this section within Code chapter 554, the Iowa 45 25 version of the uniform commercial Code. 45 26 Code sections 570A.5 and 570A.6: Substitutes the defined 45 27 term "agricultural supply dealer lien" for the term 45 28 "agricultural supply dealer's lien" in several places. 45 29 Code section 591.17: Inserts "Code 1989," after a 45 30 reference to Code section 504.1, which was repealed in 1990. 45 31 Code section 598B.106: Corrects the spelling of the word 45 32 jurisdiction in a provision relating to the effect of a 45 33 determination of child-custody made by a court of this state 45 34 that had jurisdiction over the matter. 45 35 Code section 602.11112: Inserts ", Code 2003," after a 46 1 reference to the provisions in Code section 602.6109 relating 46 2 to the division of the fifth judicial district. Code section 46 3 602.6109 was amended in 2003, thereby eliminating the 46 4 described provisions. 46 5 Code section 602.11115: Changes a reference from the 46 6 department of administrative services to the department of 46 7 personnel, a predecessor agency to the department of 46 8 administrative services, to reflect that the transfer of 46 9 retirement contributions referenced in the Code section 46 10 occurred with the department of personnel prior to the 46 11 creation of the new department. 46 12 Code section 669.14: Adds a chapter number reference to a 46 13 reference to the short title for Code chapter 85A. The short 46 14 title for Code chapter 85A is contained in Code section 85A.1. 46 15 Code section 709.15: Makes a grammatical correction in the 46 16 definition of "student" for purposes of a provision relating 46 17 to sexual exploitation by a counselor, therapist, or school 46 18 employee. 46 19 2003 Iowa Acts, chapter 91, section 10: Clarifies 46 20 references to the "effective date of this Act" to refer to the 46 21 "effective date of this section of this Act" as the section 46 22 has a different effective date than the rest of the Act. This 46 23 provision takes effect upon enactment and applies 46 24 retroactively to July 1, 2003. 46 25 2003 Iowa Acts, chapter 143, section 17: Substitutes 46 26 "175A.5" for "175.5" in a provision referring to the creation 46 27 of the grape and wine development fund. 46 28 2003 Iowa Acts, First Extraordinary Session, chapter 2, 46 29 section 96: Substitutes "legislative services agency" for 46 30 "legislative service bureau" in a provision exempting certain 46 31 items sold by the agency and its legislative information 46 32 office from the sales tax. 46 33 LSB 5304SC 80 46 34 lh/pj/5
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