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SENATE FILE 165 - Iowa English Language Reaffirmation Act Full text of Bill
This Act adds a new section to the Code to declare that English is the official language of the state and requires all state and local official government business to be conducted in English with some exceptions. The English language requirement in the Act does not apply to teaching languages; requirements under the federal Individuals With Disabilities Education Act; actions, documents or policies necessary for trade, tourism or commerce; actions or documents that protect the public health and safety; actions or documents that pertain to any census of populations; actions or documents that protect the rights of crime victims or criminal defendants; use of proper names, terms of art, or phrases in languages other than English; any language usage required by or necessary to secure rights guaranteed by the state or federal constitution; and oral or written communications, examinations or publications produced or utilized by a driver's license station if public safety is not jeopardized. The Act also does not prohibit an individual member of the General Assembly or an officer of state government from communicating in a language other than English if the person deems that communication necessary to perform official business. The Act specifies that the English language requirement should not be construed to limit the preservation or use of Native American languages or disparage any language other than English or discourage any person from learning or using a language other than English. The Act also adds a new Code section that establishes a statutory presumption that English language requirements in the public sector are consistent with Iowa law and provides that any ambiguities in the Iowa English language requirements are to be resolved in accordance with the Bill of Rights of the United States Constitution, not to deny or disparage rights retained by the people, and to reserve powers to the states or to the people. SENATE FILE 2018 - Legislators' Per Diem - 2002 Regular Session Full text of Bill
This Act limits the payment of per diem of state legislators for the 2002 Regular Legislative Session to a maximum of 90 rather than 100 calendar days. The Act takes effect March 1, 2002. SENATE FILE 2057 - Dr. Norman E. Borlaug World Food Prize Day Full text of Bill
This Act authorizes and requests the Governor to issue annually a proclamation designating October 16 as Dr. Norman E. Borlaug World Food Prize Day. SENATE FILE 2116 - State Capitol Building and Grounds - Preservation and Enhancement Full text of Bill
This Act requires a state agency, branch of government, or any other entity responsible for a construction, remodeling, restoration, maintenance, or other project in, on, or on the grounds surrounding the Capitol to ensure that the project preserves and enhances the dignity, beauty, and architectural and historic integrity of the Capitol. Projects that vary from the architectural or historic integrity of the Capitol in order to comply with state or federal laws relating to building accessibility or occupational safety or health, to address life safety issues, or for other compelling reasons must be submitted to the Capitol Planning Commission and the Capital Projects Committee of the Legislative Council for review. SENATE FILE 2124 - Public Defense, Emergency Management, and Iowa Technology Center Full text of Bill
This Act relates to the Department of Public Defense by amending provisions of the State Military Code and Iowa Code of Military Justice, creates a statewide mutual aid compact, creates an Iowa National Guard Civil Relief Act, provides for confidentiality of certain records relating to public assets and defense capabilities, exempts the department from certain service contract requirements and state competitive bidding requirements, exempts the Iowa Technology Center from anticompetition provisions, and increases a standing appropriation for senior commander allowances from $450 annually for each general officer to $750 annually. Division I - Military Division Division I of the Act amends the State Military Code, Code Chapter 29A. In addition to several nonsubstantive changes to modernize certain statutory provisions relating to the National Guard and some reorganization of several sections in Code Chapter 29A, Division I does the following:
Division II - Iowa National Guard Civil Relief Division II creates the Iowa National Guard Civil Relief Act. The civil relief Act replaces temporary language adopted during the second special session in 2001 Iowa Acts, H. F. 762, which sunsets on January 31, 2002. The civil relief Act applies to members of the Iowa National Guard, and their dependents in certain cases, serving on active state service or state active duty for a period of 90 or more consecutive days beginning on or after the effective date of the Act. The civil relief Act provides that default judgments against service members may be set aside in certain circumstances. It provides that a service member may obtain a stay of any action or proceeding where the military service of the service member materially affects the member's ability to conduct the action or proceeding. The civil relief Act prohibits fines or penalties for nonperformance of a contract that is the subject of a judicial stay and allows for fines or penalties to be set aside by a court where the service member's ability to pay or perform was materially affected by military service. The exercise of rights under the civil relief Act shall not be used by a lender or other person as the basis for an adverse action against a service member. The civil relief Act also provides that the execution of a judgment against a service member may be stayed by a court where the ability of the member to comply with the judgment is materially affected by military service. The stay may be for the duration of military service plus 30 days. The period of military service is not included in calculating any statute of limitations regarding an action or proceeding by or against a service member or the member's heirs, executors, administrators, and assignees. The civil relief Act sets the maximum rate of interest for preservice obligations at 6 percent, unless a court finds that the ability of the service member to pay the obligation is not materially impaired by the military service. The civil relief Act prohibits the termination of a lease or rental agreement of a service member or the member's dependents during the period of military service where the rent does not exceed $1,200 per month, except pursuant to a court order. The court may also enter a stay of a recovery or forcible entry and detainer proceeding for up to three months. The owner of the rental premises may also obtain similar relief to that which may be granted to service members in the event a stay of termination or other order is granted by the court. A person violating this section commits a simple misdemeanor. The Governor may direct that an allotment of the service member's pay be set up in favor of the landlord. The civil relief Act also prohibits the termination of installment contracts or mortgages for real or personal property for nonpayment or breach during the period of military service, except by court order. A person who violates either of these provisions commits a simple misdemeanor. A service member may apply for relief under the civil relief Act anytime during military service or within 30 days thereafter for an obligation arising prior to military service. The court will stay the enforcement of the obligation unless the court finds that military service has not materially affected the service member's ability to meet the obligation. Division III - Military Justice Division III amends Code Chapter 29B, the Iowa Code of Military Justice (ICMJ), as follows:
Division IV - Emergency Management Division Division IV relates to the Emergency Management Division of the Department of Public Defense. Code Section 29C.8, regarding the powers and duties of the Emergency Management Division Administrator, is amended to require the development of a critical asset protection plan that includes an inventory of critical assets, an assessment of the criticality and vulnerability of these assets, and an assessment of the level of threat related to these identified assets. Code Section 22.7 is amended to require the administrator to keep confidential any information received from public and private agencies used in the development of the plan to include, but not be limited to, surveys, lists, maps, or photographs. However, upon written request, a person may view a list of assets, but the list shall not be copied. The list of assets may be viewed during normal working hours at the division's offices. Information regarding policies, procedures, tactics, or other measures developed by the division or by any other governmental body for purposes of implementing the plan shall be kept confidential. The administrator may release to governmental agencies information in the plan when the administrator is satisfied that the need to know and intended use of the information are reasonable. Agencies receiving the information are prohibited from further redissemination without the approval of the administrator. Division IV also authorizes an intrastate compact for mutual aid between participating governments, allowing participating political subdivisions to request and share resources during times of emergency or disaster. This language is not unlike the language contained in Code Section 29C.21 that provides for an interstate compact for mutual aid between the participating states and territories. Iowa political subdivisions would participate in the compact by adopting the uniform language by resolution or ordinance. The language of the compact would be uniform in nature, eliminating some of the need for party-to-party negotiations. Participation in the compact is voluntary. Any party adopting the compact would be agreeing with any other party adopting the compact. Adoption of the compact does not preclude or void the adoption and negotiation of separate or supplementary mutual aid agreements as authorized in Code Chapter 28E or in other code. Division V - Iowa Technology Center Division V does the following:
The Iowa Technology Center is an entity created by a Code Chapter 28E agreement between the Department of Public Defense and Interactive Simulation and Training Systems, L.L.C. Divisions I through IV take effect April 22, 2002. SENATE FILE 2133 - Real Estate Brokers Full text of Bill
This Act provides for several changes relating to real estate brokers. The Act adds a new provision defining authorized activities of a real estate broker, and removes a provision that permitted the Real Estate Commission to waive a work experience requirement for real estate brokers. The Act also replaces a provision that had required real estate brokers to submit to the commission annual proof of continued errors and omissions insurance coverage with a new provision which requires this submission not on an annual basis but only upon notification by the commission. The Act additionally modifies a requirement that the commission must contract with an insurance provider to make available group errors and omissions policy coverage to its licensees, providing that the coverage must be maintained unless the commission determines that continuing the contract is not reasonably practical. The Act further adds a civil penalty not to exceed $2,500 in licensee discipline situations. SENATE FILE 2167 - State Health Insurance Plans - Administration Costs Full text of Bill
This Act establishes a Health Insurance Administration Fund within the Treasurer of State's Office that shall be used by the Department of Personnel to pay health insurance program administration costs of health insurance plans administered by the department. The Act provides for the establishment of a monthly administrative charge, which shall be assessed on all health insurance plans administered by the department in which the contract holder has a state employer to pay the charge, and provides that the General Assembly shall establish the charge. The Act further provides that any moneys remaining in the fund at the end of a fiscal year shall not revert to the General Fund of the State but shall be transferred to the Health Insurance Premium Reserve Fund. The Act repeals the new Code section that establishes the fund on July 1, 2007. The Act also establishes the administrative charge for the 2002-2003 fiscal year at $2 per contract. SENATE FILE 2201 - Nonsubstantive Code Corrections Full text of Bill
This Act makes Code changes and corrections that are considered to be nonsubstantive and noncontroversial, in addition to style changes. Changes made include updating or correcting various names of and references to public and private entities and funds, correcting internal Code and subject matter references, and making various grammatical corrections. Subject matter areas in which the technical, grammatical, and other nonsubstantive changes are made include the following: the Department of Economic Development; cooperatives; the House of Representatives Standing Committee on Economic Development; the Wine Gallonage Tax Fund; the Department of Workforce Development; workers' compensation; the Beer and Liquor Control Fund; pilot programs for prospective rate review in hospitals and health care facilities; the federal agency that oversees the Medicare and Medicaid Programs; Department of Human Services' child or dependent adult abuse records checks; duties of the state Board of Health; inspections of coal mines; payment of the hospitalization costs of mentally ill indigent persons; judicial determinations relating to placement of children in shelter care; judicial determinations relation to abandoned infants; the designation for the University of Iowa Hospitals and Clinics; the botanical names for multiflora rose and purple loosestrife; the scheduled fine citation applicable to certain drivers of motor vehicles who fail to maintain proof of financial responsibility; petitions for temporary restricted driver's licenses; persons with disabilities parking permits; the ethanol blended gasoline tax credit; county eligibility for mental health, mental retardation, and developmental disabilities property tax relief; payment of electric delivery replacement tax; inheritance tax exemption for bequests for care of cemetery or burial lots; motor fuel taxes; the administration of the Land Quality and Waste Management Trust Fund; the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board's Unassigned Revenue Fund; the regulation of water skis and surfboards; refunds of taxes on insurance corporations by the Commissioner of Insurance; taxes on state mutual insurance associations; regulation of insurance producers; liquidation of cemetery and funeral merchandise and funeral services establishments; the statute of limitations applicable to exposure to certain harmful products; donations of perishable food; burglary; payment of criminal penalty surcharges by felons; deferrals of judgment or sentence in certain criminal cases; composition of the Iowa Accountancy Examining Board; certain budget adjustment applications made by school districts; mobile home parks and manufactured home communities; payments made from the Rebuild Iowa Infrastructure Fund; and electronic versions of state forms and records. Changes relating to applications by school districts for certain budget adjustments take effect April 1, 2002, and are retroactively applicable to May 9, 2001; and the changes relating to electronic versions of state forms and records take effect April 1, 2002, and are retroactively applicable to July 1, 2001. SENATE FILE 2203 - Iowa Communications Network - Access by Homeland Security or Defense Facilities Full text of Bill
This Act provides that a homeland security or defense facility established by the Administrator of the Emergency Management Division of the Department of Public Defense, or the Governor, shall be regarded as a public agency for purposes of access to the Iowa Communications Network. The Act further provides that any utilization of the network by a homeland security or defense facility that is not related to communications concerning homeland security is prohibited. SENATE FILE 2273 - Juneteenth National Freedom Day Full text of Bill
This Act authorizes and requests the Governor to issue an annual proclamation designating the third Saturday in June as Juneteenth National Freedom Day and encourages all governmental entities, civic organizations, schools, and institutions of higher education in the state to observe this day commemorating the Emancipation Proclamation, which ended slavery in the United States. SENATE FILE 2275 - Substantive Code Corrections Full text of Bill
This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. The Act is divided into three divisions: Division I includes changes that had not previously been reviewed by the General Assembly; Division II contains changes that first appeared in S.F. 106, or an amendment to that Senate File, which was introduced during the 2000 Session of the 79th General Assembly; and Division III consists of various effective date and applicability provisions. Specific references to Code chapters or sections, or to Iowa Acts chapters, are noted in parentheses. Changes made include the following: With respect to subject matter under the authority of the Office of Secretary of State, language specifying when a notary's commission is to expire is deleted in the short form certificates (9E.15). A reference to the Bureau of Vital Records is corrected in a provision relating to the transmission of a list of all reported deaths of persons age 17 1/2 years and older to the State Registrar of Voters (48A.31). In provisions relating to the duties of the Treasurer of State, the word "treasurer" is substituted for the word "authority" in language relating to authority to receive and deposit moneys into bond reserve funds associated with the Vision Iowa Fund and the School Infrastructure Fund (12.72, 12.82). In provisions relating to information technology, language relating to the appointment of the members to the Information Technology Council is conformed to the language that specifies which members are appointed by the Governor (143.109). The changes in the appointment of the council members are retroactively applicable to April 25, 2000. References to the Division of Information Technology Services of the Department of General Services in the Uniform Electronic Transactions Act (554D.120) are replaced with references to the Information Technology Department. In the area of economic development, a reference to the Iowa Department of Economic Development Board is corrected in Code Section 7E.5; and a reference to S corporations is updated in language relating to the refunding of unused corporate tax credits for certain new investments and clarification is made in language relating to the tax return to which those tax credit claims must be attached (15.333). In the area of public safety, language relating to the adjutants general and the appointment of aides in the military staff of the Governor is corrected (29A.17) and a clarification made in language describing powers and duties of the Governor, the Adjutant General, and the deputy adjutants general with respect to the National Guard and the Iowa State Guard (29A.66). In a provision relating to reports to the State Fire Marshal on aboveground petroleum storage tanks, the reference to a $10 fee is qualified to coincide with other language that refers to the "annual renewal fee" (101.22). The applicability of the definitions section for the chapter on the cleanup of clandestine laboratory sites is also clarified (124C.1). On the subject of campaign finance, a portion of the definition of the term "express advocacy" (56.2) and a prohibition relating to the placement of political yard signs are eliminated (56.14). In the area of workforce development and employment safety, the words "and not five" are stricken to clarify language that provides that a request by a majority of the members of a regional advisory board is sufficient to require that type of board to meet (84A.4); and the pronoun "its" is replaced by the words "the physicians" in language relating to duties of those persons in the investigation of occupational diseases (85A.20). In the Iowa Public Employees' Retirement System chapter, the word "twenty-five" is changed to "the applicable years of service" to reflect the current system for determining eligibility of special service members for disability benefits (97B.50A). A reference regarding the divisions and agencies responsible for assisting the Division of Beer and Liquor Law Enforcement in the performance of the division's duties is corrected (123.14) and a change is made in language relating to the suspension, revocation or imposition of a civil penalty against certain licensees under the alcoholic beverages chapter (123.39). Under agriculture, an obsolete reference to the requirements for the Book of Agriculture is stricken (7A.20); language describing the composition and duties of the now defunct Agricultural Energy Management Advisory Council is deleted (161B.1); the definition of the term "department" is clarified to generally mean the Department of Agriculture and Land Stewardship in a provision relating to the collection of samples of blood in slaughter facilities (163.6); and a reference relating to the now defunct farmers institutes is stricken. In the chapter relating to agrichemical remediation, the words "are located" are added to language defining what constitutes a fertilizer site (161.2), the incorrect definition of "prohibited release" is stricken (161.2), and where the term was used, it is replaced with the word "contamination" (161.8). The use of the name of the Agrichemical Remediation Board is corrected in the definition of the term "board" (161.2) and a reference to the board is also corrected in Code Section 455B.601. The word "remediation" is replaced by the words "site cleanup" in language relating to the classification and prioritization of contaminated agrichemical sites (161.6). In a chapter relating to infectious and contagious diseases among animals, the word "of" is changed to "for" in language regarding the compensation of owners for property inadvertently destroyed as a result of the Department of Agriculture and Land Stewardship's regulation of activities in a quarantined area (163.51). The word "must" is changed to "shall" in language imposing a duty to separate cattle infected with paratuberculosis (165A.4). In the chapter pertaining to pseudorabies, the words "each month" are moved from language relating to recertification standards to language describing what must be done for a swine herd to be certified as free from infection (166D.7); an incorrect citation to Code Section 166D.9 is changed to the correct citation of Code Section 166D.10A in a provision which relates to the movement of swine (166D.10); and the term "feeder swine" is changed to "feeder pigs" in a provision describing maintaining pigs at approved premises (166D.10B). Clarifications are also made in the following: language describing the renewal of recording of livestock brands (169A.13); the definitions section of the State Fair chapter (173.1A); language regarding the payment of per diem and expenses to the Grape and Wine Development Commission (175A.2); and language describing the Grape and Wine Development Commission's role in the development of rules (175A.3). An obsolete reference to a repealed chapter on frozen food locker plants is stricken from the definition of the term "packer" in the Livestock Marketing Practices chapter (202A.1). A reference to the National Livestock and Meat Board and the Pork Industry Group is eliminated from language relating to distribution of funds from the assessment on pork producers to various agriculture industry organizations (183A.7). A requirement that an applicant for a milk tester's license submit to examination and demonstrate that the applicant is competent to test cream and milk is repealed (192.132). In provisions governing various agricultural liens, the word "foreclose" is replaced with "enforce" in language relating to the enforcement of custom cattle feedlot liens (579A.3); the word "or" is stricken from language defining the term "personal representative" in the Commodity Production Contract Lien chapter to conform the definition to the definition of the same term in other agricultural lien chapters (579B.1); and the term "owner of the commodity" is replaced by the term "contractor" in the Commodity Production Contract Lien chapter because the owner of the commodity is the contractor in that chapter (579B.3). A cite to Pub. L. No. 95-87 is added to clarify a reference to Title IV in the chapter pertaining to coal mining (207.22), and references to the federal Low-Income Home Energy Assistance Program are corrected in several Code chapters (216A, 476). Obsolete language relating to bringing existing utilities into compliance with the Customer Contribution Fund requirements is also deleted (476.66). In the area of public health, a reference to the entity responsible for vital records is corrected in language relating to members of the Child Death Review Team (135.43) and language in provisions relating to the confidentiality of records and information produced for the Child Death Review Team is also corrected (135.43). Obsolete language is deleted from provisions relating to the following: the initial collection of financial and utilization data used in the Iowa Department of Public Health's monitoring of hospital and health care facility charges and costs (135.78); when a certificate of need is required for an institutional health service (135.63); and hotel licenses that were issued and inspections that were conducted by the Department of Agriculture and Land Stewardship prior to January 1, 1979 (137C.7). In provisions relating to communicable and infectious diseases, an obsolete reference to a proceeding before a magistrate is also deleted from language relating to compensation of officers who forcibly remove and isolate or quarantine infected persons (139A.10) and the word "chapter" is changed to "subchapter" in language relating to the confidentiality of reports that include the identity of infected persons (139A.30). In the Optometry chapter, a clarification is made relating to submission of information pertaining to continuing education program attendance by licensees (154.6). In the Hearing Aids chapter, it is clarified that a photograph is not required to be attached to a hearing aid dispenser license or permit application (154A.9). Clarifications are also made in language pertaining to the conditions under which a hearing aid dispenser or temporary permit holder must suggest consultation with a licensed physician (154A.20), and in language relating to complaints and proceedings against hearing aid dispensers and temporary permit holders (154A.23). The word "bill" is also replaced with the word "chapter" in language relating to when hearing aid dispensers may sell a hearing aid to persons age 12 or younger (154A.20). In other provisions, a reference to the Administrator of the Department for the Blind is updated (216B.4); language regarding the filing of physician's information regarding psychiatric hospital patients is clarified (225.12); obsolete language regarding the initial request and receipt of grants and other activities related to the establishment of the prevention coordination system is deleted (225B.7); corrections are made in language relating to a chief medical officer's report on persons hospitalized for treatment of mental illness (225.30) and in language requiring the provision of relevant court orders to mental illness treatment providers (229.14); technical changes are made in the newborn infant custody release procedures (233.1, 233.6); and a clarification is made in language describing combined requirements for reporters of child and dependent adult abuse (235B.16). In provisions relating to domestic abuse, changes are made in language relating to the investigations of the relationships between decedent victims and the perpetrators in domestic abuse death cases (135.110) and in language relating to commencement of domestic abuse actions (236.3). A reference to the name of the Prevention of Disabilities Policy Council is corrected retroactively to May 17, 2000 (2001 Iowa Acts, Chapter 1228). In provisions relating to education, the approval procedure for undertaking and carrying out certain projects at regents institutions is changed to require approval of the Governor after authorization from the General Assembly is obtained (263A.2); a reference to student achievement rules language is added to a description of comprehensive school transformation activities to substitute for a repealed student achievement goals reference (294A.14); and the word "comprehensive" is changed to "comprehension" in language describing types of accuracy and fluency skills which are targeted in the Iowa Early Intervention Block Grant Program (256D.1). With respect to cultural affairs, a clarification is made in language relating to the coordination of activities regarding the Iowa battle flag collection (303.2) and references to the name of the State Arts Council are also conformed within the Department of Cultural Affairs chapter (303.86). A reference to a certificate of appropriateness is corrected in a provision that describes the standards governing the establishment of rehabilitation project criteria and standards by the State Historic Preservation Office (404A.3). In the area of transportation, in Code Chapter 309, the definitions of "culvert" and "bridge" are relocated to the main definitions section (309.1) and a citation is added to an additional exception in a provision regarding optional advertisement and letting of contracts for construction of secondary roads (309.41). A clarification is made in provisions relating to eligibility for the issuance of special armed forces services plates (321.34); a variety of references to manufactured or mobile home retailers are corrected (chapter 321); and a reference to a former requirement imposed on manufactured or mobile home retailers is eliminated (321.104). A clarification is made in the statutory prerequisites for in-state travel by unregistered out-of-state commercial motor vehicles (321.56) and outdated language regarding a transition period during which only warning citations are issued for seat belt and safety harness use violations is eliminated (321.445). The words "section or in violation of this" are stricken from a provision which prohibits persons from allowing unauthorized minors to drive (321.219). The description of the types of peace officer warning signals in the offense of eluding a law enforcement vehicle is updated to include flashing red and blue lights (321.279). The word "or" is changed to "and" in language that describes the situations in which a person declared to be a habitual offender of the motor vehicle laws may be issued a temporary restricted permit (321.560). Licensed substance abuse treatment providers are added to language describing authorized providers of drinking driver courses (321J.17) and obsolete definitions of the terms "distributor's representative" and "manufacturer's representative" are stricken from the chapter relating to travel trailer dealers, manufacturers and distributors (322C.2). A reference to successors in interest of a railroad corporation is corrected in the definition of railroad right-of-way in a public utility crossings and railway property provision (476.27). In the area of local government, the phrase "county or city auditor" is changed to "county auditor or city clerk" in provisions relating to local elections held on the question of withdrawal from a county library district (336.16). The word "city" is replaced by "municipal" or "municipality" in two provisions in the Urban Renewal chapter (403). A series of corrections are made to 2000 Iowa Acts, Chapter 1148, which added a definition of the term "county system" in numerous Code chapters. In provisions relating to taxation, the words "is filed" are added to language relating to petitions submitting questions regarding the issuance of bonds for storm water drainage (384.84A) and bonds secured by revenues derived from the local hotel and motel tax (422A.2); and the word "they" is stricken from language relating to a list compiled by the county auditor of all tracts of agricultural land entitled to tax credit (426.6). In the Income, Sales, Services, and Franchise Taxes chapter, an obsolete provision that relates to the calculation of the standard deduction factor for the 1989 calendar year (422.4) and an obsolete applicability provision relating to the rental of various audio or visual media are deleted (422.45). The words "state treasurer" and "treasurer" are replaced by the word "department" in provisions relating to the collection of and transfer of revenue from the tax on sales of motor vehicle fuel (422.52). In the Local Option Taxes chapter, a technical change is made in language relating to notice of the results of the election on the question of imposition of a tax (422B.1). In the chapter relating to which property is exempt or taxable, obsolete language relating to certain taxes paid during the period beginning July 1, 1992, and ending June 30, 1997, is deleted (427.2A); an internal reference to the Indian Housing Authority property tax exemption is added to language regarding filing a claim for exemption (427.1); and a reference to the Iowa Administrative Procedure Act is clarified in a provision regarding revocation of exemptions (427.1). The word "acquired" is added to language describing acquisitions that constitute a "major addition" for purposes of taxation of electricity and natural gas providers (437A.3). Code Sections 444.25A through 444.27, which contain obsolete property tax limitations, are repealed and references to those provisions which are contained in provisions relating to tax levies for the county mental health, mental retardation, and developmental disabilities services fund and for cemeteries are also eliminated. The use of the language describing sweepings of tobacco in the definition of "tobacco product" in Code Section 453A.42 is conformed to the language in the definition of the same term in another Code section in the same Code chapter. In the area of natural resources and environmental protection, in the chapter relating to continuing education and regulation of professions and occupations, several references are corrected to refer to the certifying of water treatment operators by the Director of the Department of Natural Resources (272C); a corresponding reference correction is also made in Code Section 455B.219. A change is made in language relating to prohibitions against depositing a regulated substance in an underground storage tank under certain circumstances (455B.473), and provisions involving completed one-time activities related to hazardous waste are stricken (455B.484). An obsolete reference to a drawing for nonresident hunting licenses is also stricken (483A.7). Language is added to clarify the rights of a nonresident owning land in this state to apply for deer hunting licenses (483A.8). References to the Well Contractors' Council, which has been disbanded, are stricken (chapter 455B) and a Code section reference is corrected in provisions establishing the Groundwater Protection Fund (455E.11). In the area of insurance, an obsolete provision permitting the Commissioner of Insurance to approve premium tax exemptions for basic benefit health plans is repealed (432.11); a reference to the agent of a foreign limited liability company is changed to a reference to the agent of a foreign limited liability partnership contained in the Uniform Partnership Act (486A.1102); and the word "that" is substituted for the word "this" in language relating to financial instruments used in hedging transactions by certain insurers (511.8). In several provisions in the Individual Health Insurance Market Reform chapter (513C), references to the former Individual Health Benefit Reinsurance Board are changed to the Comprehensive Health Insurance Association Board. Language relating to how the approval of the commissioner is to be attached to articles of incorporation and any amendments which are filed with the commissioner is clarified (514.3) and in a provision relating to accident and sickness health insurance policy requirements, obsolete references to Code Section 507B.4, subsections 12 and 13, are stricken (514A.3). In provisions relating to external review of health care coverage decisions, language describing the time period for contesting a certification for external review decision by the commissioner and the time period during which the commissioner is to notify an enrollee or the enrollee's treating health care provider of the reasons for refusal of an external review request are clarified (514J.5); clarifications are also made in several of the notice provisions in the same chapter (514J.7). References in several chapters to county mutual insurance associations and state mutual insurance associations are corrected (515, 515F, 518) and, in provisions relating to the licensing and regulation of insurance producers, several references to "agent" are replaced by the term "insurance producer" to reflect the change implemented in 2001 Iowa Acts, Chapter 16 (518A). Numerous technical changes are also made within Code Chapter 522B, Licensing of Insurance Producers. In provisions relating to funeral and cemetery services, corrections and clarifications are made in the following: the definition of items for which a burial account may be used (523A.102); language describing when funds must be deposited in an interest-bearing burial account (523A.202); provisions describing when the name of an appropriately licensed funeral director must be included in a pre-need burial trust fund or purchase agreement (523A.302); language regarding the irrevocable assignment of burial trust funds (523A.402); language regarding grant or denial of an application for a permit to operate and a sales permit for an establishment which sells pre-need cemetery merchandise, funeral merchandise, or funeral services (523A.501, 523A.502); language relating to the statute of limitations and filing requirements for a petition against an establishment selling pre-need cemetery or funeral merchandise or services (523A.901); and language relating to the constructive notice of the filing of a petition for liquidation of an establishment in the county where real property is located (523A.901). In the area of business and banking, references in Code Section 10.1 to the former Uniform Partnership Act are replaced with new Code Chapter 486A; incorrect references to the amount of the annual license fee for the making of industrial loans are corrected (chapter 536A); and a correction is also made to cover transfer of franchise when ownership interests in the business are exactly 50 percent (537A.10). An obsolete transition provision covering proceedings pending when the 1974 revisions to the Uniform Securities Act, Code Chapter 502, were enacted is repealed (502.612). Within the Uniform Commercial Code chapter (554), several internal references and citations are conformed to the changes recommended in the revised UCC Article 9 Model Act by the National Conference of Commissioners on Uniform State Laws; the words "written record" are replaced with the word "amendment" in a provision describing types of documents that are filed with the Secretary of State's Office under revised Article 9; and a technical change is made in a provision that lists the rules that govern the rights of debtors or obligors and duties of secured parties. It is also clarified that the county board of supervisors may adopt ordinances or resolutions setting fees which may be charged by local recorders offices for responses to requests for information under the Uniform Commercial Code (554.9525). Two clarifications are made in 2001 Iowa Acts, Chapter 55, relating to the regulation of accounting practitioners. In provisions pertaining to indigent defense, a reference to juvenile proceedings is added in language describing the kinds of actions in which the State Public Defender coordinates the legal representation of indigents (13B.4) and language relating to the appointment and removal of local public defenders and local public defender office staff is clarified (13B.8). A technical change is made and an internal reference corrected in language describing the compensation of court-appointed attorneys in juvenile matters, and references to court-appointed attorney fees and the expenses of a public defender are conformed to similar changes enacted in 2000 Iowa Acts, Chapter 1115 (910). In provisions related to various civil and criminal proceedings, an attestation of marriage and return provision in the Marriage chapter (595.13) is corrected and conformed to procedures spelled out in the Vital Statistics chapter. In the Probate Code chapter, corrections are made in language in two notices regarding the time limits for the filing of medical assistance claims against an estate (633.231, 633.304A) and the notice provisions for the opening of conservatorships are conformed to the notice provisions for the opening of guardianships (633.568). References to specific categories of persons who are an "heir" for purposes of intestate succession are stricken from several notice provisions pertaining to estate or trust proceedings (633.309, 633.3109). A number of citations to the now obsolete third edition are stricken from references to the Iowa Court Rules. Language referring to the law enforcement initiative surcharge is added to language relating to priority of payment of criminal penalty surcharges from moneys deposited with the clerk of court in criminal cases (602.8107). A specific reference to the promotion, purchase and possession of child pornography is changed to a more general reference to the prohibitions against child pornography within the definition of the term "criminal offense against a minor" in the Sex Offender Registry chapter (692A.1). Language relating to the consequences for violations of certain Sex Offender Registry requirements by persons on probation, parole, or other form of release is also corrected (692A.7), and an effective date reference is clarified in language relating to electronic access to Sex Offender Registry information (692A.13). A clerical error is corrected, retroactively to July 1, 2000, in language relating to misrepresentation of a business name by a supplier of a service or product in a local telephone directory or directory assistance database (714.16); and clarifications are made in language regarding persons who may be charged with neglect or abandonment of a dependent person or with child endangerment (726.3, 726.6) and in language regarding the procedures applicable to violations or parole of work release (902.3A). SENATE FILE 2277 - Open Meeting and Public Records - Confidential Public Airport, Municipal Corporation, Utility, and Rural Water District Information Full text of Bill
This Act creates a new category of confidential records in the Open Records Law for certain records in the custody of a public airport, municipal corporation, municipal utility, jointly owned municipal utility, or rural water district, where disclosure could reasonably be expected to jeopardize the security or the public health and safety of the citizens served by that public entity. The Act also provides that a governmental body may hold a closed session, pursuant to the Open Meetings Law, to discuss such confidential records of a public airport, municipal corporation, municipal utility, jointly owned municipal utility, or rural water district. The provisions of the Act are repealed effective June 30, 2007. SENATE FILE 2325 - State Agency Regulatory Functions - Miscellaneous Reorganizations, Transfers, and Revisions Full text of Bill
This Act relates to certain regulatory functions. The Act reorganizes duties of the Department of Inspections and Appeals (DIA), transfers the Court Appointed Special Advocate (CASA) Program from the judicial branch to the DIA, reorganizes the structure of the Department of Natural Resources, provides for legislative review of agencies, and addresses regulation of birth centers. INSPECTIONS AND APPEALS. The duties of the Director of the DIA in Code Section 10A.104 are amended to include administration of inspection and licensing of social and charitable gambling in place of the Inspections Division. The Act eliminates a provision making the director's rulemaking authority, with regard to targeted small business, subject to the review and approval of the Director of the Department of Management. Code Section 10A.106, providing a list of the divisions of the department, is amended to eliminate the Audits Division. The duties of the Investigations Division in Code Section 10A.402 are amended to eliminate investigation of proposed sales in this state of subdivided land situated outside the state and investigation of applications for beer and liquor licenses, and to add audits of various public assistance programs that are subject to investigation by this division. The duties of the Inspections Division in Code Section 10A.502 are amended to eliminate responsibility for regulation of social and charitable gambling and inspections of educational, charitable, correctional, and penal institutions and to add responsibility for home food establishments, egg handlers, food processing plants, grocery stores, convenience stores, temporary food establishments, and mobile food units. The sole authority of the Administrative Hearings Division in Code Section 10A.801, for various personnel matters concerning administrative law judges, is eliminated. CHILD ADVOCACY. The State Citizen Foster Care Review Board created in Code Section 237.16 is renamed the Child Advocacy Board. The board, which is administratively attached to DIA, assumes responsibility for the functions of the CASA Program in place of the judicial branch. In December 2001, the Legislative Council adopted a resolution providing for the CASA Program to be administered by the Office of the Citizens' Aide on a temporary basis. The definition of the term "court appointed special advocate" in Code Section 232.2 is revised to provide that the Child Advocacy Board certifies persons for participation and appointment by the court. The duties of the CASA appointed under Code Section 232.89 for child in need of assistance (CINA) proceedings and Code Section 232.126 for family in need of assistance proceedings is revised to require the CASA to submit various reports to the court and the parties to the proceedings. Identifying information concerning a CASA, other than the CASA's name, is not to be considered a public record under Code Chapter 22, Iowa's Open Records Law. The Child Advocacy Board is directed to work with the CASA Program to develop a plan for merging that program with the citizen foster care review process. In addition, the board is also directed to review other programs or processes in state government that are intended to address the best interest of a child who is the subject of an order for out-of-home placement or other juvenile court oversight. The board is to report to the Governor and General Assembly on the two items on or before December 16, 2002. The newly named Child Advocacy Board membership under Code Section 232.16 is increased from seven to nine members, a definition of CASA is added to Code Chapter 237, and implementation of the CASA Program is added to the board's duties. One member of the board must be an active CASA volunteer and one member must be a judicial officer or employee selected from nominees submitted by the judicial branch. In addition, the board may receive and use contributed funds for the board's programs and adopt rules for the CASA Program. DEPARTMENT OF NATURAL RESOURCES. This Act provides for the reorganization of the administrative structure of the Department of Natural Resources. The seven divisions of the department that were created and named in Code Section 455A.7 are eliminated. In total, the previous departmental organization included seven divisions and 21 bureaus. The director of the department is authorized to establish administrative divisions, bureaus, or other administrative entities within the department to most efficiently and effectively carry out the department's responsibilities. The director is required to consult with the Natural Resource Commission and the Environmental Protection Commission, as applicable, during the reorganization process. The duties of the Environmental Protection Commission are expanded to include adoption of rules allowing certain cities to conduct a controlled burn of a demolished building. The authorization does not extend to those cities in which area-specific implementation plans require control of particulate matter. In addition, the director of the department is directed to develop a strategy for recycling of electronic goods and the disassembling and removing of toxic parts from electronic goods and to recommend adoption of rules for this purpose to the Environmental Protection Commission. Funding and responsibilities relating to oversight and testing of private rural water supply wells, private rural water supply well sealing, and the proper closure of private rural abandoned wells and cisterns are transferred to the Iowa Department of Public Health. OVERSIGHT COMMITTEE. The existence of the Oversight Committee of the Legislative Council is codified in Code Section 2.45, relating to the committees of the council. The committee is directed to perform an annual review process for executive and judicial branch agencies and information that may be required of the agencies is listed. BIRTH CENTERS. Code Chapter 135G, relating to state licensing and regulation of birth centers, is repealed. A facility or institution, other than a hospital or ambulatory surgical center, in which births are planned to occur following a normal, uncomplicated, low-risk pregnancy must be issued a certificate of need by the Health Facilities Council in order to operate as a birth center. HOUSE FILE 2075 - Economic Emergency Funds - Transfer to Tobacco Settlement and Senior Living Trust Funds Full text of Bill
An appropriation of $40 million was made during the 2001 Regular Session of the Seventy-ninth General Assembly from the Endowment for Iowa's Health Account of the Tobacco Settlement Trust Fund for purposes of the Student Achievement and Teacher Quality Program. The moneys were to be repaid pursuant to 2001 legislation to the health account from surplus moneys from the General Fund of the State that were not needed to fill up the Economic Emergency Fund. This repayment applied to fiscal years beginning July 1, 2000, and July 1, 2001. Since the $40 million has not been repaid and will likely not be repaid at the end of FY 2001-2002, this Act extends indefinitely the time period for repayment but makes no changes in the repayment sources. The Act also provides that after the $40 million is repaid, $35.5 million is to be transferred to the Senior Living Trust Fund to repay that fund for appropriations made from that fund for purposes generally paid from the General Fund of the State. In addition, the Act provides that after the $40 million and $35.5 million are repaid to the appropriate funds, the excess Economic Emergency Fund moneys shall be used to repay $51.5 million to the Endowment for Iowa's Health Account for transfers or appropriations made by the 2002 Regular Session of the Seventy-ninth General Assembly for the Medical Assistance (Medicaid) Program and school foundation aid, and to replace gambling and General Fund of the State revenues appropriated from the Endowment for Iowa's Health Account. House File 2625 (see Appropriations) amends this Act to increase the amount transferred to the Senior Living Trust Fund to $51.5 million, and to increase the amount to be repaid to the Endowment for Iowa's Health Account to $60.5 million. HOUSE FILE 2150 - Military Honor Guard Services on Public Property Full text of Bill
This Act provides that members of the Iowa National Guard, the Reserve Forces of the United States, or a Reserve Officers Training Corps shall be allowed to perform any honor guard services on public property. Currently, only members of a recognized military veterans organization are specifically authorized to provide honor guard services on public property. HOUSE FILE 2248 - Bill of Rights Day Full text of Bill
This Act authorizes and requests the Governor to issue annually a proclamation designating December 15, the month and day of ratification in 1791 of the first 10 amendments to the Constitution of the United States, as "Bill of Rights Day," to encourage all governmental bodies in the state to observe the day in a manner that emphasizes the meaning and importance of the Bill of Rights, and to encourage a formal recitation of the Bill of Rights in its entirety in all schools, government meetings, and courtrooms on or about that date. HOUSE FILE 2249 - Private Investigation, Private Security, and Lottery Licensing and Regulation Full text of Bill
This Act relates to criminal history checks of applicants for certain licenses and amends the Iowa lottery laws relating to background investigations for lottery employees and contract vendors and their employees, the content of marketing materials, and the imprint of a licensee's name and address on instant lottery tickets. The amendments to Code Chapter 80A relate to applications to conduct a bail enforcement business, or a private investigation or security business. This Act requires that an applicant and employees of the applicant for a license or license renewal submit fingerprints to the Department of Public Safety. The department may submit the fingerprints to the Federal Bureau of Investigation (FBI) for the purpose of a national criminal history check and may assess a fee for processing the fingerprints. The amendment to Code Section 99D.8A relates to an application for a license to conduct pari-mutuel wagering. Current law requires that an applicant for a license to conduct pari-mutuel wagering submit fingerprints with the application. This Act permits the department to submit the fingerprints to the FBI for the purpose of a national criminal history check. Code Section 99E.3, subsection 3, is amended to authorize the Lottery Commissioner to require background investigations in connection with the employment of lottery employees. The Lottery Board shall define, by rule, the employment categories subject to the investigation. The investigation may include a national criminal history record check through the FBI. Code Section 99E.9, subsection 2, is amended to authorize the commissioner and the board to consult with the department's Division of Criminal Investigation and provide, by rule, the scope of thorough background investigations of vendors and their employees needed in connection with major procurements. Specific language requiring a background investigation of a parent or subsidiary corporation of a vendor, all shareholders of 5 percent or more of a vendor or parent or subsidiary corporation, and all officers and directors of a vendor or parent or subsidiary corporation of a vendor is stricken. The background investigations may include national criminal history record checks through the FBI. A requirement is also stricken that provides that an individual or business awarded a major procurement shall establish a permanent office in this state. Code Section 99E.9, subsection 3, paragraph "m," is amended to strike a requirement that lottery marketing materials and campaigns include the concept of investing in Iowa's economic development and show the economic development initiatives funded from lottery revenue. Code Section 99E.9, subsection 3, paragraph "o," is stricken. This paragraph requires that a lottery licensee either print or stamp the licensee's name and address on the back of each instant ticket except pull-tab tickets. The amendment to Code Section 99F.6 relates to an application for a license to operate gambling games at a pari-mutuel dog or horse racetrack, to operate an excursion gambling boat, and to conduct gambling games on the boat. Current law requires an applicant for a license to submit fingerprints with the application. This Act permits the department to submit the fingerprints to the FBI for the purpose of a national criminal history check. The Act takes effect March 29, 2002. HOUSE FILE 2281 - Landscape Architect Licensure Full text of Bill
This Act provides that an individual engaged in the practice of landscape architecture, which previously required registration pursuant to Code Chapter 544B, Landscape Architects, must now become licensed as a professional landscape architect. The Act provides that the requirements previously applicable to registered landscape architects with regard to the creation and duties of the Landscape Architectural Examining Board, examination and application procedures, reciprocity, fees, renewal procedures, unlawful practice, disciplinary action, and scope of practice shall apply to licensure as a professional landscape architect. The Act provides that a landscape architect registered on July 1, 2002, shall be issued a license as a professional landscape architect. HOUSE FILE 2488 - Older American Community Service Employment and Senior Internship Programs Full text of Bill
This Act includes provisions relating to the Elder Iowans Act (Code Chapter 231). The Act renames the Senior Community Service Employment Program as the Older American Community Service Employment Program, renames the Retired Iowans Community Employment Program as the Senior Internship Program, and changes the reference to the Job Training Partnership Act to the Workforce Investment Act to reflect the changes in the federal Older Americans Act. HOUSE FILE 2532 - Public Retirement Systems Full text of Bill
This Act makes numerous changes pertaining to public retirement systems, including the Public Safety Peace Officers' Retirement, Accident, and Disability System (PORS, Code Chapter 97A), the Iowa Public Employees' Retirement System (IPERS, Code Chapter 97B), the Statewide Fire and Police Retirement System (Code Chapter 411), and the Judicial Retirement System (Code Chapter 602). PUBLIC SAFETY PEACE OFFICERS' RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM (PORS). The Act contains the following provisions relating to PORS:
IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (IPERS). The Act contains the following provisions relating to IPERS:
STATEWIDE FIRE AND POLICE RETIREMENT SYSTEM (Chapter 411). The Act contains the following provisions relating to the Code Chapter 411 retirement system:
JUDICIAL RETIREMENT SYSTEM. The Act contains the following provisions relating to the judicial retirement system:
HOUSE FILE 2536 - State Government Advertisements for Requests for Bids and Proposals - Internet Posting Full Text of Bill
This Act provides that, in addition to any method of advertisement required by law, any executive branch agency, the General Assembly, and the judicial branch shall advertise any request for bids and proposals on the official state Internet site. An electronic link from the official state Internet site to an Internet site maintained by an executive branch agency, the General Assembly, or the judicial branch on which requests for bids and proposals for that agency, the General Assembly, or the judicial branch are posted satisfies the requirements of the Act. | |||
RELATED LEGISLATION | |||
SENATE FILE 2051 - State Interagency Missouri River Authority
SENATE FILE 2118 - Human Cloning Prohibition
SENATE FILE 2192 - Highways and Motor Vehicles - Miscellaneous Provisions
SENATE FILE 2207 - Conservation Easements
SENATE FILE 2301 - Indigent Defense
SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions
HOUSE FILE 2078 - Business Growth and Development Initiatives - Seed and Venture Capital Investments - Small Business Income Allocation
HOUSE FILE 2151 - Confidential Public Records - School Security or Emergency Preparedness
HOUSE FILE 2193 - Transportation Services and Aircraft Regulation
HOUSE FILE 2201 - DNA Profiling of Criminal Defendants
HOUSE FILE 2310 - Statewide Underground Facilities Notification Center - Vendor Contracts
HOUSE FILE 2339 - Supersedeas Bonds - Statutory Limits- VETOED BY THE GOVERNOR
HOUSE FILE 2345 - Violence Against Women Program - Administration
HOUSE FILE 2394 - Community College Faculty
HOUSE FILE 2418 - State Building Code - Minimum Energy Standards
HOUSE FILE 2453 - Procedures and Records Pertaining to Deaths - Medical Examiners
HOUSE FILE 2467 - Student Financial Aid Programs - Sanctions Against Licenses of Defaulters
HOUSE FILE 2482 - Board of Educational Examiners - Licensee Disciplinary Investigations and Proceedings
HOUSE FILE 2514 - Eradication of Animals With Contagious Diseases - Owner Indemnification
HOUSE FILE 2515 - Education - Administration, Funding, Programming, and Services
HOUSE FILE 2547 - Public Health Regulation - Miscellaneous Provisions
HOUSE FILE 2585 - Sales and Use Taxes - Legislative Service Bureau Sales and On-Line Computer Service Access Charges
HOUSE FILE 2614 - Tobacco Settlement, Infrastructure, and Environment First Funds - Appropriations and Miscellaneous Related Changes
HOUSE FILE 2620 - Farmers Markets
HOUSE FILE 2622 - Tax Administration - Additional Related Matters
HOUSE FILE 2623 - Compensation for Public Employees and Additional Provisions
HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION
HOUSE FILE 2627 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - 2002-2003 and Prior Fiscal Years - SECOND EXTRAORDINARY SESSION
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