Section 1. Section 9H.1, subsection 25, paragraph a, Code 2003, is amended to read as follows:

a. Corporations organized under the provisions of chapter

504, Code 1989, or chapter 504A; or

Sec. 2. Section 9H.1, subsection 33, Code 2003, is amended to read as follows:

33. "Testamentary trust" means a trust created by devising

or bequeathing property in trust in a will as such terms are

used in the Iowa probate code as provided in chapter 633.

Testamentary trust includes a revocable trust that has not

been revoked prior to the grantor's death.

Sec. 3. Section 9H.4, subsection 2, paragraph c, subparagraph (1), Code 2003, is amended to read as follows:

(1) The corporation or limited liability company must not

hold the agricultural land other than as a lessee. The term

of the lease must be for not more than twelve years. The

corporation or limited liability company shall not renew a

lease. The corporation or limited liability company shall not

enter into a lease under this paragraph, if the corporation or

limited liability company has ever entered into another lease

under this paragraph "c", whether or not the lease is in

effect. However, this subparagraph does not apply to a

domestic corporation organized under chapter 504, Code 1989,

or chapter 504A.

Sec. 4. Section 9H.4, subsection 2, paragraph c, subparagraph (4), Code 2003, is amended to read as follows:

(4) The corporation or limited liability company must

deliver a copy of the lease to the secretary of state. The

secretary of state shall notify the lessee of receipt of the

copy of the lease. However, this subparagraph does not apply

to a domestic corporation organized under chapter 504, Code

1989, or chapter 504A.

Sec. 5. Section 9H.4, subsection 3, Code 2003, is amended to read as follows:

3. Agricultural land, including leasehold interests,

acquired by a nonprofit corporation organized under the

provisions of chapters 504, Code 1989, and 504A including land

acquired and operated by or for a state university for

research, experimental, demonstration, foundation seed

increase or test purposes and land acquired and operated by or

for nonprofit corporations organized specifically for

research, experimental, demonstration, foundation seed

increase or test purposes in support of or in conjunction with

a state university.

Sec. 6. Section 10B.1, subsection 9, paragraph a, Code 2003, is amended to read as follows:

a. A corporation organized under the provisions of former

chapter 504, Code 1989, or chapter 504A.

Sec. 7. Section 15E.11, Code 2003, is amended to read as follows:

The Iowa development commission is hereby authorized to

form a corporation under the provisions of former chapter 504,

Code 1989, for the purpose of receiving and disbursing funds

from public or private sources to be used to further the

overall development and well-being of the state.

Sec. 8. Section 15E.42, subsection 2, Code 2003, is amended to read as follows:

2. "Board" means the Iowa capital investment board, if

created in House File 2078 as enacted by the Seventy-ninth

General Assemblycreated in section 15E.63.

Sec. 9. Section 15E.111, subsection 8, Code 2003, is amended to read as follows:

8. The department of economic development and the office

of renewable fuels and coproducts shall prepare a report each

six months detailing the progress of the department and other

agencies provided in this section. The office of renewable

fuels and coproducts, the department of natural resources, and

Iowa state university may contribute a summary of their

activities. The report shall be delivered to the secretary of

the senate and the chief clerk of the house; the legislative

service bureau; the chairpersons and ranking members of the

senate standing committee on agriculture; the senate standing

committee on small business, economic development, and tourism

growth; the house of representatives standing committee on

agriculture; and the house of representatives standing

committee on economic developmentgrowth.

Sec. 10. Section 18.80, Code 2003, is amended to read as follows:

The superintendentstate printing administrator shall

designate, subject to the approval of the director, the number

of copies of reports and publications to be held in reserve,

and copies thus held in reserve shall be distributed only upon

the written request of the head of the department, approved by

the superintendentstate printing administrator, and ordered

by the director.

Sec. 11. Section 18.81, Code 2003, is amended to read as follows:

The superintendentstate printing administrator shall from

time to time report to the director any documents in the

superintendent'sstate printing administrator's custody deemed

not needed and which have been printed five years or more, and

if the report has the written approval of the head of the

department from which the documents were issued, the director

may condemn and order the documents sold, and the proceeds

turned into the unappropriated funds of the state. If a

department no longer exists, approval by the head of the

department shall not be required. If the condemned documents

cannot be sold the director may order them destroyed.

Sec. 12. Section 18.83, Code 2003, is amended to read as follows:

The superintendentstate printing administrator shall

advise the public of the publication of reports and documents

and of the nature of the material therein, and give

information as to the publications that are available for

distribution and how to obtain them.

Sec. 13. Section 18.84, Code 2003, is amended to read as follows:

The superintendentstate printing administrator shall

require from officials or heads of departments mailing lists,

or addressed labels or envelopes, for use in distribution of

reports and documents. The superintendentstate printing

administrator shall revise such lists, eliminating

duplications and adding to the lists libraries, institutions,

public officials, and persons having actual use for the

material. The superintendentstate printing administrator

shall arrange the lists so as to reduce to the minimum the

postage or other cost for delivery. Requests for publications

shall be handled only upon receipt of postage by the

superintendentstate printing administrator from the

requesting agency or department.

Sec. 14. Section 18.85, Code 2003, is amended to read as follows:

The superintendentstate printing administrator shall

furnish the various officials and departments with copies of

their reports needed for office use or to be distributed to

persons requesting the reports. Requests for publications

shall be handled only upon receipt of postage by the

superintendentstate printing administrator.

Sec. 15. Section 18.86, Code 2003, is amended to read as follows:

The official reports, the miscellaneous documents and other

publications upon request, and the completed journals of the

general assembly and ten copies of the official register,

shall be sent to each member of the general assembly, and, so

far as they are available, additional copies upon their

request. Requests for publications shall be handled only upon

receipt of postage by the superintendentstate printing

administrator.

Sec. 16. Section 18.88, Code 2003, is amended to read as follows:

The journals of the general assembly and the official

register shall be sent to each newspaper of general

circulation in Iowa, and editors of newspapers in Iowa shall

be entitled to other publications on request when they are

available. Requests for publications shall be handled only

upon receipt of postage by the superintendentstate printing

administrator.

Sec. 17. Section 18.92, Code 2003, is amended to read as follows:

The superintendentstate printing administrator may send

additional copies of publications to other state officials,

individuals, institutions, libraries, or societies that may

request them. Requests for publications shall be handled only

upon receipt of postage by the superintendentstate printing

administrator.

Sec. 18. Section 18.102, Code 2003, is amended to read as follows:

The secretary of the senate and the chief clerk of the

house shall throughout each legislative session compile and

cause to be printed a cumulative bulletin of bills and joint

resolutions which bulletin shall contain a brief history of

each bill, and detailed information as to the status of

legislation and shall be conveniently indexed. The bulletin

shall be printed and delivered one day before the mid-term

midterm recess of each legislature and thereafter twenty-five

days after the end of saidthe recess except as may otherwise

be provided by the joint rules of the general assembly. The

last issue of each bulletin shall be brought down to the time

of final adjournment and shall be promptly furnished to all

members of the general assembly and to such others as the

superintendentstate printing administrator may determine.

Sec. 19. Section 18.103, Code 2003, is amended to read as follows:

The enrolling clerks of the senate and house shall, under

the directions of the secretary of the senate and chief clerk

of the house, respectively, keep a daily cumulative record of

the information required in section 18.102 and in such manner

that the same may be promptly furnished to the superintendent

state printing administrator at the close of each week.

Sec. 20. Section 29A.90, subsection 3, Code 2003, is amended to read as follows:

3. "Military service" means full-time active state service

or state active duty, as defined in section 29A.1, for a

period of at least ninety consecutive days, commencing on or

after the effective date of this division of this ActApril

22, 2002.

Sec. 21. Section 68B.39, unnumbered paragraph 1, Code 2003, is amended to read as follows:

The supreme court of this state shall prescribe rules by

January 1, 1993, establishing a code of ethics for officials

and employees of the judicial branch of this state, and the

immediate family members of the officials and employees.

Rules prescribed under this paragraph shall include provisions

relating to the receipt or acceptance of gifts and honoraria,

interests in public contracts, services against the state, and

financial disclosure which are substantially similar to the

requirements of this chapter.

Sec. 22. Section 70A.23, Code 2003, is amended to read as follows:

When a state employee, excluding an employee covered under

a collective bargaining agreement which provides otherwise,

retires under a retirement system in the state maintained in

whole or in part by public contributions or payments, the

number of accrued days of active and banked sick leave of the

employee shall be credited to the employee. When an employee

retires, is eligible, and has applied for benefits under a

retirement system authorized under chapter 97A or 97B,

including the teachers insurance and annuity association

(TIAA) and the collegeassociation-college retirement equities

fund (CREF)(TIAA-CREF), or an employee dies on or after July

1, 1984, while the employee is in active employment but is

eligible for retirement benefits under one of the listed

chapters, the employee shall receive a cash payment for the

employee's accumulated, unused sick leave in both the active

and banked sick leave accounts, except when, in lieu of cash

payment, payment is made for monthly premiums for health or

life insurance or both as provided in a collective bargaining

agreement negotiated under chapter 20. An employee of the

department of public safety or the department of natural

resources who has earned benefits of payment of premiums under

a collective bargaining agreement and who becomes a manager or

supervisor and is no longer covered by the agreement shall not

lose the benefits of payment of premium earned while covered

by the agreement. The payment shall be calculated by

multiplying the number of hours of accumulated, unused sick

leave by the employee's hourly rate of pay at the time of

retirement. However, the total cash payments for accumulated,

unused sick leave shall not exceed two thousand dollars per

employee and are payable upon retirement or death. Banked

sick leave is defined as accrued sick leave in excess of

ninety days.

Sec. 23. Section 70A.30, unnumbered paragraph 2, Code 2003, is amended to read as follows:

The phased retirement incentive program is a retirement

system for purposes of section 20.9, but is not retirement for

purposes of chapter 97A, 97B, or 602 or for the employees who

are members of the teachers insurance annuity association-

college retirement equityequities fund (TIAA-CREF).

Sec. 24. Section 80.17, subsection 3, Code 2003, is amended to read as follows:

3. Division of criminal investigation and bureau of

identification.

Sec. 25. Section 80A.4, subsection 4, Code 2003, is amended to read as follows:

4. The fingerprints required by subsection 1 may be

submitted by the department to the federal bureau of

investigation through the state central criminal history

repository for the purpose of a national criminal history

check.

Sec. 26. Section 80A.7, subsection 5, Code 2003, is amended to read as follows:

5. An application for an identification card shall include

the submission of fingerprints of the person seeking the

identification card, which fingerprints may be submitted to

the federal bureau of investigation through the state central

criminal history repository for the purpose of a national

criminal history background check. Fees associated with the

processing of fingerprints shall be assessed to the employing

licensee.

Sec. 27. Section 97B.66, unnumbered paragraph 1, Code 2003, is amended to read as follows:

A vested or retired member who was a member of the teachers

insurance and annuity association collegeassociation-college

retirement equityequities fund (TIAA-CREF) at any time

between July 1, 1967, and June 30, 1971, and who became a

member of the system on July 1, 1971, upon submitting

verification of service and wages earned during the applicable

period of service under the teachers insurance and annuity

association collegeassociation-college retirement equities

fund, may make employer and employee contributions to the

system based upon the covered wages of the member and the

covered wages and the contribution rates in effect for all or

a portion of that period of service and receive credit for

membership service under this system equivalent to the

applicable period of membership service in the teachers

insurance and annuity association collegeassociation-college

retirement equities fund for which the contributions have been

made. In addition, a member making employer and employee

contributions because of membership in the teachers insurance

and annuity association collegeassociation-college retirement

equities fund under this section who was a member of the

system on June 30, 1967, and withdrew the member's accumulated

contributions because of membership on July 1, 1967, in the

teachers insurance and annuity association college

association-college retirement equities fund, may make

employee contributions to the system for all or a portion of

the period of service under the system prior to July 1, 1967.

A member making contributions pursuant to this section may

make the contributions either for the entire applicable period

of service, or for portions of the period of service, and if

contributions are made for portions of the period of service,

the contributions shall be in increments of one or more

calendar quarters.

Sec. 28. Section 97B.73, subsection 1, paragraph a, Code 2003, is amended to read as follows:

a. A vested or retired member who has one or more full

calendar years of covered wages who was in public employment

comparable to employment covered under this chapter in another

state or in the federal government, or who was a member of

another public retirement system in this state, including but

not limited to the teachers insurance and annuity association

collegeassociation-college retirement equities fund (TIAA-

CREF), but who was not retired under that system, upon

submitting verification of membership and service in the other

public system to the division, including proof that the member

has no further claim upon a retirement benefit from that other

public system, may make contributions as provided by this

section to the system either for the entire period of service

in the other public system, or for partial service in the

other public system in increments of one or more calendar

quarters. If the member wishes to transfer only a portion of

the service value of another public system to this system and

the other public system allows a partial withdrawal of a

member's system credits, the member shall receive credit for

membership service in this system equivalent to the period of

service transferred from the other public system.

Sec. 29. Section 99D.8A, subsection 2, Code 2003, is amended to read as follows:

2. An applicant shall submit pictures, fingerprints, and

descriptions of physical characteristics to the commission in

the manner prescribed on the application forms. The

fingerprints may be submitted to the federal bureau of

investigation by the department of public safety through the

state central criminal history repository for the purpose of a

national criminal history check.

Sec. 30. Section 99E.3, subsection 3, Code 2003, is amended to read as follows:

3. The commissioner may employ, with the approval of the

director, clerks, stenographers, inspectors, agents, and other

employees pursuant to chapter 19A as necessary to carry out

this chapter, except as provided in section 99E.14. The

commissioner may require a background investigation to be

conducted in connection with the employment of lottery

employees. The board shall define, by rule, the employment

categories subject to investigation. The background

investigation by the division of criminal investigation of the

department of public safety may include a national criminal

history record check through the federal bureau of

investigation. The screening of lottery employees through the

federal bureau of investigation shall be conducted by

submission of fingerprints through the state criminal history

record repository to the federal bureau of investigation.

Sec. 31. Section 99E.9, subsection 2, Code 2003, is amended to read as follows:

2. Subject to the approval of the board, the commissioner

may enter into contracts for the operation and marketing of

the lottery, except that the board may by rule designate

classes of contracts other than major procurements which do

not require prior approval by the board. A major procurement

shall be as the result of competitive bidding with the

contract being awarded to the responsible vendor submitting

the lowest and best proposal. However, before a contract for

a major procurement is awarded, the division of criminal

investigation of the department of public safety shall conduct

a thorough background investigation of the vendor to whom the

contract is to be awarded. The commissioner and board shall

consult with the division of criminal investigation and shall

provide, by rule, for the scope of the thorough background

investigations and due diligence with regard to the background

investigations to be conducted in connection with major

procurements. The vendor shall submit to the division of

criminal investigation appropriate investigation

authorizations to facilitate this investigation. The

background investigation by the division of criminal

investigation may include a national criminal history record

check through the federal bureau of investigation. The

screening of vendors or their employees through the federal

bureau of investigation shall be conducted by submission of

fingerprints through the state criminal history record

repository to the federal bureau of investigation. As used in

this subsection, "major procurement" means consulting

agreements and the major procurement contract with a business

organization for the printing of tickets, or for purchase or

lease of equipment or services essential to the operation of a

lottery game.

Sec. 32. Section 99F.6, subsection 2, Code 2003, is amended to read as follows:

2. An applicant shall submit pictures, fingerprints, and

descriptions of physical characteristics to the commission in

the manner prescribed on the application forms. The

fingerprints may be submitted to the federal bureau of

investigation by the department of public safety through the

state central criminal history repository for the purpose of a

national criminal history check.

Sec. 33. Section 103A.25, Code 2003, is amended to read as follows:

A resolution accepting the state building code as provided

in section 103A.7, which was adopted before the effective date

of this ActJuly 1, 1989, is an ordinance for the purpose of

this chapter.

Sec. 34. Section 135.78, Code 2003, is amended to read as follows:

The department shall compile all relevant financial and

utilization data in order to have available the statistical

information necessary to properly monitor hospital and health

care facility charges and costs. Such data shall include

necessary operating expenses, appropriate expenses incurred

for rendering services to patients who cannot or do not pay,

all properly incurred interest charges, and reasonable

depreciation expenses based on the expected useful life of the

property and equipment involved. The department shall also

obtain from each hospital and health care facility a current

rate schedule as well as any subsequent amendments or

modifications of that schedule as it may require. In

collection of the data required by this section and sections

135.74 to 135.78through 135.76, the department and other

state agencies shall coordinate their reporting requirements.

Sec. 35. Section 141A.7, subsection 2, paragraph a, Code 2003, is amended to read as follows:

a. The performance by a health care provider or health

facility of an HIV-related test when the health care provider

or health facility procures, processes, distributes, or uses a

human body part donated for a purpose specified under the

uniform anatomical gift Act as provided in chapter 142C, or

semen provided prior to July 1, 1988, for the purpose of

artificial insemination, or donations of blood, and such test

is necessary to ensure medical acceptability of such gift or

semen for the purposes intended.

Sec. 36. Section 142.4, unnumbered paragraph 2, Code 2003, is amended to read as follows:

This section shall not apply to bodies given under

authority of the uniform anatomical gift Act as provided in

chapter 142C.

Sec. 37. Section 142.8, unnumbered paragraph 2, Code 2003, is amended to read as follows:

This section shall not apply to bodies given under

authority of the uniform anatomical gift Act as provided in

chapter 142C.

Sec. 38. Section 142C.6, subsection 2, Code 2003, is amended to read as follows:

2. If an anatomical gift is made to a designated donee,

the document of gift, or a copy, may be delivered to the donee

to expedite the appropriate procedures after the death of the

donor. The document of gift, or a copy, may be deposited in

any hospital, organ procurement organization, bank or storage

organization, or donor registry office that accepts the

document of gift for safekeeping or for the facilitation of

procedures after the death of the donor. If a document is

deposited by a donor in a hospital, donor registry office, or

bank or storage organization, the hospital, donor registry

office, or bank or storage organization may forward the

document to an organ procurement organization which will

retain the document for facilitating procedures following the

death of the donor. Upon request of a hospital, physician, or

surgeon, upon or after the donor's death, the person in

possession of the document of gift may allow the hospital,

physician, or surgeon to examine or copy the document of gift.

Sec. 39. Section 147.107, subsection 2, unnumbered paragraph 1, Code 2003, is amended to read as follows:

A pharmacist, physician, dentist, or podiatric physician

who dispenses prescription drugs, including but not limited to

controlled substances, for human use, may delegate

nonjudgmental dispensing functions to staff assistants only

when verification of the accuracy and completeness of the

prescription is determined by the pharmacist or practitioner

in the pharmacist's or practitioner's physical presence.

However, the physical presence requirement does not apply when

a pharmacist or practitioner is utilizing an automated

dispensing system. When using an automated dispensing system

the pharmacist or practitioner shall utilize an internal

quality control assurance plan that ensures accuracy for

dispensing. Verification of automated dispensing accuracy and

completeness remains the responsibility of the pharmacist or

practitioner and shall be determined in accordance with rules

adopted by the boardsstate board of pharmacy examiners,

medicine, dentistrythe state board of medical examiners, the

state board of dental examiners, and the state board of

podiatry examiners for their respective licensees.

Sec. 40. Section 161B.1, subsection 2, Code 2003, is amended to read as follows:

2. The department of agriculture and land stewardship

shall report annually to the senate standing committees

committee on energynatural resources and environment and the

house of representatives standing committee on environmental

protection of the house and senate on the projects conducted

with the agricultural energy management fund.

Sec. 41. Section 163.30, subsection 2, unnumbered paragraph 1, Code 2003, is amended to read as follows:

When used in this chaptersubchapter:

Sec. 42. Section 172D.3, subsection 2, paragraph a, Code 2003, is amended to read as follows:

a. Exclusion for federally mandated requirements. This

section shall apply to the department's rules except for rules

required for delegation of the national pollutant discharge

elimination system permit program pursuant to the federal

Water Pollution Control Act, Title 33, United States Code,

chapter 126, as amended, and 40 Code of Federal Regulations

C.F.R.,Partpt. 124.

Sec. 43. Section 190C.1, subsection 18, Code 2003, is amended to read as follows:

18. "Regional organic association" means a corporation

organized under former chapter 504, Code 1989, or chapter 504A

which has certifying members, elects its own officers and

directors, and is independent from the department.

Sec. 44. Section 230A.12, unnumbered paragraph 1, Code 2003, is amended to read as follows:

Each community mental health center established or

continued in operation pursuant to section 230A.3, shall be

organized under the Iowa nonprofit corporation Act appearing

as chapter 504A, except that a community mental health center

organized under former chapter 504 prior to July 1, 1974, and

existing under the provisions of chapter 504, Code 1989, shall

not be required by this chapter to adopt the Iowa nonprofit

corporation Act if it is not otherwise required to do so by

law. The board of directors of each such community mental

health center shall enter into an agreement with the county or

affiliated counties which are to be served by the center,

which agreement shall include but need not be limited to the

period of time for which the agreement is to be in force, what

services the center is to provide for residents of the county

or counties to be served, standards the center is to follow in

determining whether and to what extent persons seeking

services from the center shall be considered able to pay the

cost of the services received, and policies regarding

availability of the center's services to persons who are not

residents of the county or counties served by the center. The

board of directors, in addition to exercising the powers of

the board of directors of a nonprofit corporation may:

Sec. 45. Section 256A.3, subsection 11, Code 2003, is amended by striking the subsection.

Sec. 46. Section 260C.14, subsection 1, Code 2003, is amended to read as follows:

1. Determine the curriculum to be offered in such school

or college subject to approval of the director and ensure that

all vocational offerings are competency-based, provide any

minimum competencies required by the department of education,

comply with any applicable requirements in chapter 258, and

are articulated with local school district vocational

education programs. If an existing private educational or

vocational institution within the merged area has facilities

and curriculum of adequate size and quality which would

duplicate the functions of the area school, the board of

directors shall discuss with the institution the possibility

of entering into contracts to have the existing institution

offer facilities and curriculum to students of the merged

area. The board of directors shall consider any proposals

submitted by the private institution for providing such

facilities and curriculum. The board of directors may enter

into such contracts. In approving curriculum, the director

shall ascertain that all courses and programs submitted for

approval are needed and that the curriculum being offered by

an area school does not duplicate programs provided by

existing public or private facilities in the area. In

determining whether duplication would actually exist, the

state boarddirector shall consider the needs of the area and

consider whether the proposed programs are competitive as to

size, quality, tuition, purposes, and area coverage with

existing public and private educational or vocational

institutions within the merged area. If the board of

directors of the merged area chooses not to enter into

contracts with private institutions under this subsection, the

board shall submit a list of reasons why contracts to avoid

duplication were not entered into and an economic impact

statement relating to the board's decision.

Sec. 47. Section 261.23, subsection 4, Code 2003, is amended to read as follows:

4. A registered nurse shall be eligible for the registered

nurse loan repayment program if the registered nurse has

received from an accredited school of nursing located in this

state a collegiate or associate degree of nursing, a diploma

in nursing, or a graduate or equivalent degree in nursing and

agrees to practice in an eligible community in this state that

has agreed to provide additional funds for the registered

nurse's loan repayment. The contract for the loan repayment

shall stipulate the time period the registered nurse shall

practice in an eligible community in this state. In addition,

the contract shall stipulate that the registered nurse repay

any funds paid on the registered nurse's loan by the

commission if the registered nurse fails to practice in an

eligible community in this state for the required period of

time. For purposes of this subsection, "eligible community"

means a community that agrees to match state funds provided on

at least a dollar-for-dollar basis for the loan repayment of a

registered nurse who practices in the community.

Sec. 48. Section 272.2, subsection 14, paragraph a, Code 2003, is amended to read as follows:

a. The board may deny a license to or revoke the license

of a person upon the board's finding by a preponderance of

evidence that either the person has been convicted of a crime

or that there has been a founded report of child abuse against

the person. Rules adopted in accordance with this paragraph

shall provide that in determining whether a person should be

denied a license or that a practitioner's license should be

revoked, the board shall consider the nature and seriousness

of the founded abuse or crime in relation to the position

sought, the time elapsed since the crime was committed, the

degree of rehabilitation which has taken place since the

incidence of founded abuse or the commission of the crime, the

likelihood that the person will commit the same abuse or crime

again, and the number of founded abuses committed by or

criminal convictions byof the person involved.

Sec. 49. Section 284.3, subsection 2, paragraph a, Code 2003, is amended to read as follows:

a. By July 1, 2002, for purposes of comprehensive

evaluations for beginning teachers required to allow beginning

teachers to progress to career teachers, standards and

criteria that are the Iowa teaching standards specified in

subsection 1 and the model criteria for the Iowa teaching

standards developed by the department in accordance with

section 256.9, subsection 50. These standards and criteria

shall be set forth in an instrument provided by the

department. The comprehensive evaluation and instrument are

not subject to negotiations or grievance procedures pursuant

to chapter 20 or determinations made by the board of directors

under section 279.14. A local school board and its certified

bargaining representative may negotiate, pursuant to chapter

20, evaluation and grievance procedures for beginning teachers

that are not in conflict with this chapter. If, in accordance

with section 279.19, a beginning teacher appeals the

determination of a school board to an adjudicator under

section 279.17, the adjudicator selected shall have

successfully completed training related to the Iowa teacher

standards, the model criteria adopted by the state board of

education in accordance with subsection 3, as enacted by this

Act, and any additional training required under rules adopted

by the public employment relations board in cooperation with

the state board of education.

Sec. 50. Section 284.11, subsections 4, 5, and 7, Code 2003, are amended to read as follows:

4. Each participating district shall create its own design

for a team-based variable pay plan linked to the district's

comprehensive school improvement plan. The plan must include

attendance center student performance goals, student

performance levels, multiple indicators to determine progress

toward attendance center goals, and a system for providing

financial rewards. The team-based variable pay plan shall be

approved by the local board.

5. Each district team-based variable pay plan shall be

reviewed by the department. The department shall include a

review of the locally established goals, targeted levels of

improvement, assessment strategies, and financial reward

system.

7. The district team-based variable pay plan shall specify

how the funding received by the district for purposes of this

section is to be awarded to eligible staff in attendance

centers that meet or exceed their goals. The district shall

provide all attendance centers equal access to the available

funds. Moneys shall be released by the department to the

district only upon certification by the school board that an

attendance center has met or exceeded its goals.

Sec. 51. Section 303A.6, subsection 3, Code 2003, is amended to read as follows:

3. Upon approving a grant, the board shall certify to the

treasurer of state the amount of financial assistance payable

from the trustgrant account to the qualified organization

whose grant application is approved.

Sec. 52. Section 304A.21, subsection 5, Code 2003, is amended to read as follows:

5. "Nonprofit organization" means a corporation organized

under former chapter 504, Code 1989, or chapter 504A or which

holds a permit or certificate under former chapter 504, Code

1989, or chapter 504A to do business or conduct affairs in

this state.

Sec. 53. Section 307.27, subsection 8, Code 2003, is amended to read as follows:

8. Administer the registration of interstate commerce

commission authority of motor carriers pursuant to chapter

327B as provided in 49 U.S.C. § 14504 and United States

department of transportation regulations.

Sec. 54. Section 308.1, Code 2003, is amended to read as follows:

The Mississippi parkway planning commission shall be

composed of ten members appointed by the governor, five

members to be appointed for two-year terms beginning July 1,

1959, and five members to be appointed for four-year terms

beginning July 1, 1959. In addition to the above members

there shall be seven advisory ex officio members who shall be

as follows: One member from the state transportation

commission, one member from the natural resource commission,

one member from the Iowa state soil conservation commission

committee, one member from the state historical society of

Iowa, one member from the faculty of the landscape

architectural division of the Iowa State University of science

and technology, one member from the Iowa economic development

board, and one member from the environmental protection

commission. Members and ex officio members shall serve

without pay, but the actual and necessary expenses of members

and ex officio members may be paid if the commission so orders

and if the commission has funds available for that purpose.

Sec. 55. Section 321.178, subsection 1, paragraph c, Code 2003, is amended to read as follows:

c. Instruction relating to becoming an organ donor under

the uniform anatomical gift Act as provided in chapter 142C.

Sec. 56. Section 321.189, subsection 4, Code 2003, is amended to read as follows:

4. SYMBOLS. Upon the request of a licensee, the

department shall indicate on the license the presence of a

medical condition, that the licensee is a donor under the

uniform anatomical gift lawAct as provided in chapter 142C,

or that the licensee has in effect a medical advance

directive. For purposes of this subsection, a medical advance

directive includes, but is not limited to, a valid durable

power of attorney for health care as defined in section

144B.1. The license may contain such other information as the

department may require by rule.

Sec. 57. Section 327B.1, subsections 1 through 3, Code 2003, are amended to read as follows:

1. It is unlawful for a carrier to perform an interstate

transportation service for compensation upon the highways of

this state without first registering the authority obtained

from the interstate commerce commissionUnited States

department of transportation or evidence that such authority

is not required with the state department of transportation.

2. The department shall participate in the single state

insurance registration program for regulated motor carriers as

provided in 49 U.S.C. § 1150614504 and interstate commerce

commissionUnited States department of transportation

regulations.

3. Registration for carriers transporting commodities

exempt from interstate commerce commissionUnited States

department of transportation regulation shall be granted

without hearing upon application and payment of a twenty-five-

dollar filing fee and an annual one-dollar fee per vehicle.

Sec. 58. Section 327B.7, Code 2003, is amended to read as follows:

The department may enter into a reciprocity agreement on

behalf of this state with authorized representatives of other

states to become a member of an exempt commodity base state

registration system for the registration, insurance

verification, and fee collection for carriers hauling

commodities exempt from interstate commerce commissionUnited

States department of transportation authority.

Sec. 59. Section 327C.22, Code 2003, is amended to read as follows:

The department shall exercise constant diligence to

ascertain the rates, charges, rules, and practices of common

carriers operating in this state, in relation to the

transportation of freight in interstate business. When it

shall ascertain from any source or have reasonable grounds to

believe that the rates charged on such interstate business or

the rules or practices in relation thereto discriminate

unjustly against any of the citizens, industries, interests,

or localities of the state, or place any of them at an

unreasonable disadvantage as compared with those of other

states, or are in violation of the laws of the United States

regulating commerce, or in conflict with the rulings, orders,

or regulations of the interstate commerce commissionsurface

transportation board, the department shall take the necessary

steps to prevent the continuance of such rates, rules, or

practices.

Sec. 60. Section 327C.23, Code 2003, is amended to read as follows:

327C.23 APPLICATION TO INTERSTATE COMMERCE COMMISSION

SURFACE TRANSPORTATION BOARD.

When any common carrier has put in force any rates, rules,

or practices in relation to interstate freight business, in

violation of the laws of the United States regulating

commerce, or of the orders, rules, or regulations of the

interstate commerce commissionsurface transportation board,

or shall unjustly discriminate against any of the citizens,

industries, interests, or localities of the state, the

department shall present the material facts involved in such

violations or discrimination to the interstate commerce

commissionsurface transportation board and seek relief

therefrom, and, if deemed necessary or expedient, the

department shall prosecute any charge growing out of such

violation or discrimination, at the expense of the state,

before the interstate commerce commissionsurface

transportation board.

Sec. 61. Section 327D.67, unnumbered paragraph 2, Code 2003, is amended to read as follows:

The form of every schedule shall be prescribed by the

department and shall conform, in the case of common carriers,

as nearly as may be to the form prescribed by the interstate

commerce commissionUnited States department of

transportation.

Sec. 62. Section 327D.72, Code 2003, is amended to read as follows:

When schedules and classifications required by the

interstate commerce commissionUnited States department of

transportation contain in whole or in part the information

required by the provisions of this chapter, the posting and

filing of a copy of such schedules and classifications with

the interstate commerce commissionUnited States department of

transportation shall be deemed a compliance with the filing

requirements of this chapter insofar as such schedules and

classifications contain the information required by this

chapter, and any additional or different information may be

posted and filed in a supplementary schedule.

Sec. 63. Section 327D.200, Code 2003, is amended to read as follows:

If any provision of this chapter is inconsistent or

conflicts with federal laws, rules or regulations applicable

to railway corporations subject to the jurisdiction of the

federal interstate commerce commissionsurface transportation

board, the department shall suspend the provision, but only to

the extent necessary to eliminate the inconsistency or

conflict.

Sec. 64. Section 327D.201, Code 2003, is amended to read as follows:

The department may issue rules relating to the regulation

of railroad intrastate rates, classifications, rules and

practices in accordance with the standards and procedures of

the federal interstate commerce commissionsurface

transportation board applicable to rail carriers.

Sec. 65. Section 327G.61, subsection 2, Code 2003, is amended to read as follows:

2. "Spur track" means a railroad track located wholly

within the state connected to a main or branch line of a

railroad and used to originate or terminate traffic at one or

more industries or a railroad track not subject to the

jurisdiction of the interstate commerce commissionsurface

transportation board. A spur track shall not include a

railroad line used to provide line-haul or intercity

transportation.

Sec. 66. Section 327G.78, unnumbered paragraph 1, Code 2003, is amended to read as follows:

Subject to sections 327G.77 and 6A.16, when a railroad

corporation, its trustee, or its successor in interest has

interests in real property adjacent to a railroad right-of-way

that are abandoned by order of the interstate commerce

commissionsurface transportation board, reorganization court,

bankruptcy court, or the department, or when a railroad

corporation, its trustee, or its successor in interest seeks

to sell its interests in that property under any other

circumstance, the railroad corporation, its trustee, or its

successor in interest shall extend a written offer to sell at

a fair market value price to the persons holding leases,

licenses, or permits upon those properties, allowing sixty

days from the time of receipt for a written response. If a

disagreement arises between the parties concerning the price

or other terms of the sale transaction, either or both parties

may make written application to the department to resolve the

disagreement. The application shall be made within sixty days

from the time an initial written response is served upon the

railroad corporation, trustee, or successor in interest by the

person wishing to purchase the property. The department shall

notify the department of inspections and appeals which shall

hear the controversy and make a final determination of the

fair market value of the property and the other terms of the

transaction which were in dispute, within ninety days after

the application is filed. The determination is subject to

review by the department and the department's decision is the

final agency action. All correspondence shall be by certified

mail.

Sec. 67. Section 331.427, subsection 2, paragraph k, Code 2003, is amended to read as follows:

k. For the use of a nonprofit historical society organized

under chapter 504, Code 1989, or chapter 504A, a city-owned

historical project, or both.

Sec. 68. Section 331.652, subsection 8, paragraph d, Code 2003, is amended to read as follows:

d. CivilA civil process serversserver shall not be

considered to be a sheriff or a deputy sheriff for purposes of

this chapter or chapter 97B or 341A.

Sec. 69. Section 335.24, Code 2003, is amended to read as follows:

If the regulations made under this chapter require a

greater width or size of yards, courts or other open spaces,

or require a lower height of building or less number of

stories, or require a greater percentage of lot to be left

unoccupied, or impose other higher standards than are required

in any other statute or local ordinance or regulation, the

regulations made under this chapter govern. If any other

statute or local ordinance or regulation requires a greater

width or size of yards, courts or other open spaces, or

requires a lower height of building or a less number of

stories, or a greater percentage of lot to be left unoccupied,

or imposes other higher standards than are required by the

regulations made under this chapter, the other statute or

local ordinance or regulation governs. If a regulation

proposed or made under this chapter relates to any structure,

building, dam, obstruction, deposit or excavation in or on the

flood plains of any river or stream, prior approval of the

department of water, air and waste managementnatural

resources is required to establish, amend, supplement, change,

or modify the regulation or to grant any variation or

exception from the regulation.

Sec. 70. Section 384.63, subsection 3, Code 2003, is amended to read as follows:

3. When a private improvement is constructed on a lot

subject to a deficiency, during the period of amortization,

the council shall, by resolution, assess a pro rata portion of

the deficiency on that lot, in the same proportion to the

total deficiency on that lot as the number of future

installments of special assessments remaining to be paid is to

the total number of installments of assessments for the

project, subject to the twenty-five percent limitation of

section 384.62. A deficiency assessment becomes a lien on the

property and is payable in the same manner, and subject to the

same interests as the other special assessments. The council

shall direct the clerk to certify a deficiency assessment to

the county treasurer, and to send a notice of the deficiency

assessment by mail to each owner, as provided in section

384.60, subsection 5, but publication of the notice is not

required.

Sec. 71. Section 421B.11, unnumbered paragraph 3, Code 2003, is amended to read as follows:

Judicial review of the actions of the director may be

sought in accordance with the terms of the Iowa administrative

procedure Actchapter 17A, and section 422.55.

Sec. 72. Section 426B.1, subsection 2, Code 2003, is amended to read as follows:

2. There is appropriated on July 1 of each fiscal year to

the property tax relief fund for the indicated fiscal years

from the general fund of the state the following amounts:

For the fiscal year beginning July 1, 1997, and succeeding

fiscal years, ninety-five million dollars.

Sec. 73. Section 432.1, subsection 5, Code 2003, is amended to read as follows:

5. Except as provided in subsection 46, the premium tax

shall be paid on or before March 1 of the year following the

calendar year for which the tax is due. The commissioner may

suspend or revoke the license of a company or association that

fails to pay its premium tax on or before the due date.

Sec. 74. Section 435.26, subsection 1, paragraph a, Code 2003, is amended to read as follows:

a. A mobile home or manufactured home which is located

outside a manufactured home community or mobile home park

shall be converted to real estate by being placed on a

permanent foundation and shall be assessed for real estate

taxes. A home, after conversion to real estate, is eligible

for the homestead tax credit and the military service tax

exemption as provided in sections 425.2 and 426A.11.

Sec. 75. Section 455B.484, subsections 2 and 3, Code 2003, are amended to read as follows:

2. Seek, receive, and accept funds in the form of

appropriations, grants, awards, wills, bequests, endowments,

and gifts for deposit into the waste management assistance

trust fund to be used for programs relating to the duties of

the department under this part.

3. Administer and coordinate the land quality and waste

management assistance trust fund created under this part.

Sec. 76. Section 455B.488, Code 2003, is amended to read as follows:

The divisiondepartment shall develop, sponsor, and assist

in conducting local, regional, or statewide programs for the

receipt or collection and proper management of hazardous

wastes from households and farms. In conducting such events

the divisiondepartment may establish limits on the types and

amounts of wastes that will be collected, and may establish a

fee system for acceptance of wastes in quantities exceeding

the limits established pursuant to this section.

Sec. 77. Section 455B.518, subsection 4, Code 2003, is amended to read as follows:

4. A toxics pollution prevention plan developed under this

section shall be reviewed by the authoritydepartment for

completeness, adequacy, and accuracy.

Sec. 78. Section 455H.208, Code 2003, is amended to read as follows:

Public participation shall be a required component of the

process for participants for all sites enrolled in the land

recycling program. The required level of public participation

shall vary depending on the conditions existing at a site. At

a minimum, the department shall notify all adjacent property

owners, occupants of adjacent property, and the city or county

in which the property is located of a site's enrollment in the

land recycling program and of the scope of work described in

the participation agreement, and give the notified parties the

opportunity to obtain updates regarding the status of

activities relating to the enrolled site in the land recycling

program. The notification shall not be required before the

participant has had the opportunity to collect basic

information characterizing the nature and extent of the

contamination, but the notification shall be required in a

timely manner allowing appropriate parties to have input in

the formulation of the response action. If contaminants from

the enrolled site have migrated off the enrolled site or are

likely to migrate off the enrolled site, as determined by the

department, the department shall notify by direct mailing all

potentially affected parties, including the city or county in

which the potentially affected property is located, and

officials in charge of any potentially impacted public water

supply and the notified parties shall be given opportunity to

comment on proposed response actions. The department may

require the participant of an enrolled site to publish public

notice in a local newspaper if widespread interest in the site

exists or is likely to exist as determined by the department.

The department shall consider reasonable comments from

potentially affected parties in determining whether to approve

or disapprove a proposed response action or site closure.

Sec. 79. Section 456A.19, unnumbered paragraphs 1 and 2, Code 2003, are amended to read as follows:

All funds accruing to the fish and game protection fund,

except an equitable portion of the administration fund, shall

be expended solely in carrying on the fish and wildlife

activities. Expenditures incurred by the department in

carrying on the activities shall be only on authorization by

the general assembly.

The department shall by October 1 of each year submit to

the department of management for transmission to the general

assembly a detailed estimate of the amount required by the

department during the succeeding year for carrying on the fish

and wildlife activities. The estimate shall be in the same

general form and detail as required by law in estimates

submitted by other state departments.

Sec. 80. Section 456A.21, subsections 1 and 2, Code 2003, are amended to read as follows:

1. A forestry management and enhancement fund is created

in the state treasury under the department's control. The

fund is composed of moneys deposited into the fund pursuant to

section 456A.20, moneys appropriated by the general assembly,

and moneys available to and obtained or accepted by the

division or the department from the United States or private

sources for placement in the fund.

2. Moneys in the fund are subject to an annual audit by

the auditor of state. The fund is subject to warrants written

by the director of revenue and finance, drawn upon the written

requisition of the divisiondepartment.

Sec. 81. Section 456A.21, subsection 3, paragraph a, Code 2003, is amended to read as follows:

a. Four forestry technicians who shall serve regions of

the state as designated by the divisiondepartment.

Sec. 82. Section 459.102, subsection 29, Code 2003, is amended to read as follows:

29. "Major water source" means a water source that is a

lake, reservoir, river, or stream located within the

territorial limits of the state, or any marginal river area

adjacent to the state, if the water source is capable of

supporting a floating vessel capable of carrying one or more

persons during a total of a six-month period in one out of ten

years, excluding periods of flooding, which has been

identified by rules adopted by the commission.

Sec. 83. Section 459.303, subsection 5, paragraph a, unnumbered paragraph 1, Code 2003, is amended to read as follows:

A confinement feeding operation meets threshold

requirements under this paragraphsubsection if the

confinement feeding operation after construction of a proposed

confinement feeding operation structure would have a minimum

animal unit capacity of the following:

Sec. 84. Section 459.310, subsection 1, paragraph a, Code 2003, is amended to read as follows:

a. A confinement feeding operation structure shall not be

constructed closer than five hundred feet away from the

surface intake of an agricultural drainage well. A

confinement feeding operation structure shall not be

constructed closer than one thousand feet from a wellhead,

cistern of an agricultural drainage well, or known sinkhole.

However, the department may adopt rules requiring an increased

separation distance under this paragraph in order to protect

the integrity of a water of thisthe state. The increased

separation distance shall not be more than two thousand feet.

If the department exercises its discretion to increase the

separation distance requirement, the department shall not

approve an application for the construction of a confinement

feeding operation structure within that separation distance as

provided in section 459.303.

Sec. 85. Section 459.310, subsection 1, paragraph c, subparagraph (2), Code 2003, is amended to read as follows:

(2) A major water source shall not be constructed,

expanded, or diverted, if the major water source as

constructed, expanded, or diverted is closer than one thousand

feet from a confinement feeding operation structure.

Sec. 86. Section 459.312, subsection 10, paragraph a, subparagraph (2), subparagraph subdivision (b), subparagraph subdivision part (i), Code 2003, is amended to read as follows:

(i) The development of a comprehensive state nutrient

budget for the maximum volume, frequency, and concentration of

nutrients for each watershed that addresses all significant

sources of nutrients in a water of thisthe state on a

watershed basis.

Sec. 87. Section 459.604, subsection 1, unnumbered paragraph 2, Code 2003, is amended to read as follows:

This subsection shall not apply unless the department of

natural resources has previously notified the person of the

person's classification as a habitual violator. The

department shall notify persons classified as habitual

violators of their classification, additional restrictions

imposed upon the persons pursuant to their classification, and

special civil penalties that may be imposed upon the persons.

The notice shall be sent to the persons by certified mail.

Sec. 88. Section 466.5, subsection 4, unnumbered paragraph 1, Code 2003, is amended to read as follows:

When establishing a wetland under this subsectionsection,

the department of agriculture and land stewardship shall be

governed by the following requirements:

Sec. 89. Section 481B.5, subsections 2 through 4, Code 2003, are amended to read as follows:

2. The United States list of endangered or threatened

native fish and wildlife as contained in the Code of Federal

Regulations, Title 50, part50 C.F.R. pt. 17 as amended to

December 30, 1991.

3. The United States list of endangered or threatened

plants as contained in the Code of Federal Regulations, Title

50, part50 C.F.R. pt. 17 as amended to December 30, 1991.

4. The United States list of endangered or threatened

foreign fish and wildlife as contained in the Code of Federal

Regulations, Title 50, part50 C.F.R. pt. 17 as amended to

December 30, 1991.

Sec. 90. Section 490.825, subsection 3, Code 2003, is amended to read as follows:

3. Sections 490.820 through 490.824 apply both to

committees of the board and to theircommittee members.

Sec. 91. Section 490.1701, subsection 1, Code 2003, is amended to read as follows:

1. Except as provided in this subsection or chapter 504,

Code 1989, or chapter 504A, this chapter does not apply to or

affect entities subject to chapter 504, Code 1989, or chapter

504A. Such entities continue to be governed by all laws of

this state applicable to them before December 31, 1989, as

those laws are amended. This chapter does not derogate or

limit the powers to which such entities are entitled.

Sec. 92. Section 490A.1508, Code 2003, is amended to read as follows:

Membership interests of a professional limited liability

company shall be issued only to individuals who are licensed

to practice in any state a profession which the professional

limited liability company is authorized to practice.

Membership interests of a professional limited liability

company shall not at any time be issued in, transferred into,

or held in joint tenancy, tenancy in common, or any other form

of joint ownership or co-ownership. The Iowa uniform

securities Act as provided in chapter 502 shall not be

applicable to nor govern any transaction relating to any

membership interests of a professional limited liability

company.

Sec. 93. Section 504A.100, subsection 2, Code 2003, is amended to read as follows:

2. This chapter shall not apply to any domestic

corporation heretofore organized or existing under the

provisions of chapter 504,of the Code 1989, nor, for a period

of two years from and after July 4, 1965, to any foreign

corporation holding a permit under the provisions of said

chapter on the said date, unless such domestic or foreign

corporation shall voluntarily elect to adopt the provisions of

this chapter and shall comply with the procedure prescribed by

the provisions of subsection 3 of this section.

Sec. 94. Section 504B.1, Code 2003, is amended to read as follows:

This chapter shall apply to every corporation organized

under chapter 504, Code 1989, or chapter 504A, which

corporation is deemed to be a private foundation as defined in

section 509 of the Internal Revenue Code, which is

incorporated in the state of Iowa after December 31, 1969, and

as to any such corporation organized in this state before

January 1, 1970, it shall apply only for its federal taxable

years beginning on or after January 1, 1972.

Sec. 95. Section 504B.6, unnumbered paragraph 1, Code 2003, is amended to read as follows:

Nothing in this chapter shall limit the power of any

nonprofit corporation organized under chapter 504, Code 1989,

or organized under chapter 504A:

Sec. 96. Section 514.1, unnumbered paragraph 1, Code 2003, is amended to read as follows:

A corporation organized under former chapter 504, Code

1989, or chapter 504A for the purpose of establishing,

maintaining, and operating a nonprofit hospital service plan,

whereby hospital service may be provided by the corporation or

by a hospital with which it has a contract for service, to the

public who become subscribers to this plan under a contract

which entitles each subscriber to hospital service; or a

corporation organized for the purpose of establishing,

maintaining, and operating a plan whereby health care service

may be provided at the expense of this corporation, by

licensed physicians and surgeons, dentists, podiatric

physicians, osteopathic physicians, osteopathic physicians and

surgeons or chiropractors, to subscribers under contract,

entitling each subscriber to health care service, as provided

in the contract; or a corporation organized for the purpose of

establishing, maintaining, and operating a nonprofit

pharmaceutical service plan or optometric service plan,

whereby pharmaceutical or optometric service may be provided

by this corporation or by a licensed pharmacy with which it

has a contract for service, to the public who become

subscribers to this plan under a contract which entitles each

subscriber to pharmaceutical or optometric service; shall be

governed by this chapter and is exempt from all other

provisions of the insurance laws of this state, unless

specifically designated in this chapter, not only in

governmental relations with the state but for every other

purpose, and additions enacted after the effective date of

this chapterJuly 1, 1939, shall not apply to these

corporations unless they are expressly designated in the

additions.

Sec. 97. Section 514.2, Code 2003, is amended to read as follows:

Persons desiring to form a nonprofit hospital service

corporation, or a nonprofit medical service corporation, or a

nonprofit pharmaceutical or optometric service corporation

shall incorporate under the provisions of chapter 504, Code

1989, or chapter 504A, as supplemented and amended herein and

any acts amendatory thereof.

Sec. 98. Section 514.5, unnumbered paragraph 1, Code 2003, is amended to read as follows:

A hospital service corporation organized under former

chapter 504, Code 1989, or chapter 504A may enter into

contracts for the rendering of hospital service to any of its

subscribers with hospitals maintained and operated by the

state or any of its political subdivisions, or by any

corporation, association, or individual. Such hospital

service corporation may also contract with an ambulatory

surgical facility to provide surgical services to the

corporation's subscribers. Hospital service is meant to

include bed and board, general nursing care, use of the

operating room, use of the delivery room, ordinary medications

and dressings and other customary routine care. Ambulatory

surgical facility means a facility constructed and operated

for the specific purpose of providing surgery to patients

admitted to and discharged from the facility within the same

day.

Sec. 99. Section 537.1303, subsection 10, Code 2003, is amended to read as follows:

10. "Pursuant to a credit card". Section 537.1301,

subsection 1716.

Sec. 100. Section 542.7, subsection 8, unnumbered paragraph 1, Code 2003, is amended to read as follows:

The board, by rule, shall require as a condition toof

renewal of a permit to practice as a certified public

accounting firm, that an applicant undergo, no more frequently

than once every three years, a peer review conducted in such

manner as the board specifies. The review shall include a

verification that any individual in the firm who is

responsible for supervising attest and compilation services

and who signs or authorizes someone to sign the accountant's

report on a financial statement on behalf of the firm meets

the competency requirements set forth in the professional

standards for such services.

Sec. 101. Section 542.8, subsection 17, Code 2003, is amended to read as follows:

17. The board, by rule, shall require as a condition toof

renewal of a permit to practice as a licensed public

accounting firm, that an applicant undergo, no more frequently

than once every three years, a peer review conducted in such

manner as the board specifies. The review shall include

verification that any individual in the firm who is

responsible for supervising compilation services and who signs

or authorizes someone to sign the accountant's report on a

financial statement on behalf of the firm meets the competency

requirements set forth in the professional standards for such

services. Such rules shall include reasonable provision for

compliance by an applicant showing that the applicant, within

the preceding three years, has undergone a peer review that is

a satisfactory equivalent to the peer review required under

this subsection. An applicant's completion of a peer review

program endorsed or supported by the national society of

accountants, or other substantially similar review as

determined by the board, satisfies the requirements of this

subsection.

Sec. 102. Section 544B.1, subsection 2, Code 2003, is amended to read as follows:

2. The "practice"Practice of landscape architecture"

means the performance of professional services such as

consultations, investigations, reconnaissance, research,

planning, design, or responsible supervision in connection

with projects involving the arranging of land and the elements

thereon for public and private use and enjoyment, including

the alignment of roadways and the location of buildings,

service areas, parking areas, walkways, steps, ramps, pools

and other structures, and the grading of the land, surface and

subsoil drainage, erosion control, planting, reforestation,

and the preservation of the natural landscape and aesthetic

values, in accordance with accepted professional standards of

public health, welfare, and safety. This practice shall

include the location and arrangement of such tangible objects

and features as are incidental and necessary to the purposes

outlined in this chapter but shall not include the design of

structures or facilities with separate and self-contained

purposes for habitation or industry, or the design of public

streets and highways, utilities, storm and sanitary sewers,

and sewage treatment facilities, such as are ordinarily

included in the practice of engineering or architecture; and

shall not include the making of land surveys or final land

plats for official approval or recording. Nothing contained

in this chapter shall be construed as authorizing a

professional landscape architect to engage in the practice of

architecture, engineering, or land surveying.

Sec. 103. Section 554.9706, subsection 2, paragraph a, Code 2003, is amended to read as follows:

a. if the initial financing statement is filed before July

1, 2001, for the period provided in former section 554.9403,

Code 2001, with respect to a financing statement; and

Sec. 104. Section 554.11103, Code 2003, is amended to read as follows:

Transactions validly entered into after July 4, 1966, and

before January 1, 1975, which were subject to the provisions

of this chapter prior to amendment and which would be subject

to this chapter as amended if they had been entered into on or

after January 1, 1975, and the rights, duties and interests

flowing from such transactions remain valid after January 1,

1975, and may be terminated, completed, consummated or

enforced as required or permitted by this chapter as amended.

Security interests arising out of such transactions which are

perfected on January 1, 1975, shall remain perfected until

they lapse or are terminated as provided in this chapter as

amended, and may be continued as permitted by this chapter as

amended, except as stated in section 554.11105.

Sec. 105. Section 616.10, Code 2003, is amended to read as follows:

Insurance companies may be sued in any county in which

their principal place of business is kept, or in which the

contract of insurance was made, or in which the loss insured

against occurred, or, in case of insurance against death or

disability, in the county of the domicile of the insured at

the time the loss occurred, or in the county of plaintiff's

residence. As used in this section the term "insurance

companies" includes nonprofit hospital service corporations

and nonprofit medical service corporations which have

incorporated under the provisions of chapter 504, Code 1989,

or chapter 504A.

Sec. 106. Section 618.5, Code 2003, is amended to read as follows:

Publications may be made in a newspaper published at least

once a week or oftener.

Sec. 107. Section 618.9, Code 2003, is amended to read as follows:

When the publication is in a newspaper which is published

oftener thanmore than once a week, the succeeding

publications of such notice shall be on the same day of the

week as the first publication. This section shall not apply

to any notice for the publication of which provision

inconsistent herewith is specially made.

Sec. 108. Section 633.63, subsection 3, Code 2003, is amended to read as follows:

3. A private nonprofit corporation organized under chapter

504, Code 1989, or chapter 504A is qualified to act as a

guardian, as defined in section 633.3, subsection 20, or a

conservator, as defined in section 633.3, subsection 7, where

the assets subject to the conservatorship at the time when

such corporation is appointed conservator are less than or

equal to seventy-five thousand dollars and the corporation

does not possess a proprietary or legal interest in an

organization which provides direct services to the individual.

Sec. 109. Section 633.4214, subsection 3, paragraph c, Code 2003, is amended to read as follows:

c. This subsection does not apply to the following:

(1) A power held by the settlor's spouse who is the

trustee of a trust for which a marital deduction, as defined

in section 2056(b)(5) or 2523(e) of the Internal Revenue Code

of 1986, that was previously allowed.

(2) A trust that may be revoked or amended by the settlor.

(3) A trust, if contributions to the trust which qualify

for an annual exclusion under section 2503(c) of the Internal

Revenue Code of 1986.

Sec. 110. Section 637.601, unnumbered paragraph 1, Code 2003, is amended to read as follows:

For purposes of this sectionsubchapter:

Sec. 111. Section 637.605, subsection 2, Code 2003, is amended to read as follows:

2. The trustee appoints a disinterested person who, in its

the person's sole discretion, but acting in a fiduciary

capacity, determines for the trustee the method to be used in

determining the fair market value of the trust, and which

assets, if any, are to be excluded in determining the unitrust

amount.

Sec. 112. Section 656.2, subsection 2, paragraph a, unnumbered paragraph 11, Code 2003, is amended to read as follows:

The request for notice shall be indexed pursuant to section

558.50.

Sec. 113. Section 709.19, subsection 1, Code 2003, is amended to read as follows:

1. Upon the filing of an affidavit by a victim, or a

parent or guardian on behalf of a minor who is a victim, of a

crime ofthat is a sexual offense in violation of section

709.2, 709.3, 709.4, 709.8, 709.9, 709.11, 709.12, 709.14,

709.15, or 709.16, whichthat states that the presence of or

contact with the defendant whose release from jail or prison

is imminent or who has been released from jail or prison

continues to pose a threat to the safety of the victim,

persons residing with the victim, or members of the victim's

immediate family, the court shall enter a temporary no-contact

order which shall require the defendant to have no contact

with the victim, persons residing with the victim, or members

of the victim's immediate family.

Sec. 114. Section 717D.1, Code 2003, is amended to read as follows:

As used in this chapter:

1. "Animal" means a nonhuman vertebrate.

2. "Contest animal" means a bull, bear, chicken, or dog.

3. "Contest device" means equipment designed to enhance a

contest animal's entertainment value during training or a

contest event, including a device to improve the contest

animal's competitiveness.

4. "Contest event" means a function organized for the

entertainment or profit of spectators where a contest animal

is injured, tormented, or killed, if the contest animal is a

bull involved in a bullfight or bull baiting, a bear involved

in bear baiting, a chicken involved in cock fighting, or a dog

involved in dog fighting.

5. "Establishment" means the location where a contest

event occurs or is to occur, regardless of whether a contest

animal is present at the establishment or the contest animal

is witnessed by means of an electronic signal transmitted to

the location.

6. "Livestock" means the same as defined in section 717.1.

7. "Local authority" means the same as defined in section

717B.1.

8. "Promoter" means a person who charges admission for

entry into an establishment or organizes, holds, advertises,

or otherwise conducts a contest event.

9. "Spectator" means a person who attends an establishment

for purposes of witnessing a contest event.

10. "Trainer" means a person who trains a contest animal

for purposes of engaging in a contest event, regardless of

where the contest event is located. A trainer includes a

person who uses a contest device.

11. "Transporter" means a person who moves a contest

animal for delivery to a training location or a contest event

location.

Sec. 115. Section 802.5, Code 2003, is amended to read as follows:

If the periodperiods prescribed in sections 802.3 and

802.4 hashave expired, prosecution may nevertheless be

commenced for any offense a material element of which is

either fraud or a breach of fiduciary obligation within one

year after discovery of the offense by an aggrieved party or

by a person who has legal duty to represent an aggrieved party

and who is not a party to the offense, but in no case shall

this provision extend the period of limitation otherwise

applicable by more than three years.

Sec. 116. Section 805.8A, subsection 3, paragraph e, Code 2003, is amended to read as follows:

e. For a violation of section 321.430, the scheduled

violationfine is thirty-five dollars.

Sec. 117. Section 805.8A, subsection 4, paragraph b, Code 2003, is amended to read as follows:

b. For a violation of section 321.216, the scheduled

violationfine is seventy-five dollars.

Sec. 118. Section 805.8A, subsection 10, paragraph b, Code 2003, is amended to read as follows:

b. For a violation under section 321.372, subsection 3,

the scheduled violationfine is one hundred dollars.

Sec. 119. Section 809A.14, subsection 4, unnumbered paragraph 1, Code 2003, is amended to read as follows:

Notice of the issuance of a temporary restraining order and

an opportunity for a hearing shall be given to persons known

to have an interest in the property. A hearing shall be held

at the earliest possible date in accordance with R.C.P. 326

rule of civil procedure 1.1507, and shall be limited to the

following issues:

Sec. 120.

Section 907B.2, Article I, subsection 7, Code

2003, is amended to read as follows:

7. MEMBER. "Member" means the commissioner of a

compacting state or a designee, who shall be a person

officially connected with the commissioner.

Sec. 121.

Section 907B.2, Article IV, subsection 10, Code

2003, is amended to read as follows:

10. To accept any and all donations and grants of money,

equipment, supplies, materials, and services, and to receive,

utilize, and dispose of the same.

Sec. 122.

Section 907B.2, Article VII, subsection 7,

paragraph j, Code 2003, is amended to read as follows:

j. Mediation, arbitration and dispute resolution. The

existing rules governing the operation of the previous compact

superseded by this Actcompact shall be null and void twelve

months after the first meeting of the interstate commission

created hereunder.

Sec. 123.

2002 Iowa Acts, chapter 1017, section 4, is

amended to read as follows:

SEC.

4. Section 331.602, subsection 13, Code Supplement

2001, is amended by striking the subsection.

Sec. 124.

2002 Iowa Acts, chapter 1093, section 3, is

amended by striking the section and inserting in lieu thereof

the following:

SEC.

3. Section 166D.10, subsection 4, paragraph b,

subparagraph (2), subparagraph subdivision (a), unnumbered

paragraph 1, Code 2001, is amended to read as follows:

Except as provided in this subparagraph, the owner of swine

shall vaccinate the swine with a modified-live differentiable

vaccine, prior to moving swine into the stage II county. A

statistical sampling of the swine moved into a herd as

provided in this subparagraph shall be tested using a

differentiable test within thirty days after the swine is

moved to a herd in this state. If a swine reacts positively

to the test, the herd is an infected herd. A person is not

required to vaccinate swine prior to moving swine into the

stage II county or test the swine after the swine has been

moved to a herd in the stage II county, if one of the

following applies:

Sec. 125.

2002 Iowa Acts, chapter 1119, section 108, is

amended to read as follows:

SEC.

108. Section 229.26, Code Supplement 2001, is amended

by striking the words "third edition,".

Sec. 126.

2002 Iowa Acts, chapter 1132, section 9, is

amended by striking the section and inserting in lieu thereof

the following:

SEC.

9. Section 368.11, unnumbered paragraph 4, Code

Supplement 2001, is amended to read as follows:

At least tenfourteen business days before a petition for

involuntary annexation is filed as provided in this section,

the petitioner shall make its intention known by sending a

letter of intent by certified mail to the council of each city

whose urbanized area contains a portion of the territory, the

board of supervisors of each county which contains a portion

of the territory, the regional planning authority of the

territory involved, each affected public utility, and to each

property owner listed in the petition. The written

notification shall include notice that the petitioners shall

hold a public meeting on the petition for involuntary

annexation prior to the filing of the petition.

Sec. 127.

2002 Iowa Acts, chapter 1140, section 28, is

amended by striking the section and inserting in lieu thereof

the following:

SEC.

28. Section 285.12, Code Supplement 2001, is amended

to read as follows:

In the event of a disagreement between a school patron and

the board of the school district, the patron if dissatisfied

with the decision of the district board, may appeal the same

to the area education agency board, notifying the secretary of

the district in writing within ten days of the decision of the

board and by filing an affidavit of appeal with the agency

board within the ten-day period. The affidavit of appeal

shall include the reasons for the appeal and points at issue.

The secretary of the local board on receiving notice of appeal

shall certify all papers to the agency board which shall hear

the appeal within ten days of the receipt of the papers and

decide it within three days of the conclusion of the hearing

and shall immediately notify all parties of its decision.

Either party may appeal the decision of the agency board to

the director of the department of education by notifying the

opposite party and the agency administrator in writing within

five days after receipt of notice of the decision of the

agency board and by filing with the director of the department

of education an affidavit of appeal, reasons for appeal, and

the facts involved in the disagreement within five days after

receipt of notice of the decision of the agency board. The

agency administrator shall, within ten days of saidreceipt of

the notice, file with the director all records and papers

pertaining to the case, including action of the agency board.

The director shall hear the appeal within fifteen days of the

filing of the records in the director's office, notifying all

parties and the agency administrator of the date and time of

hearing. The director shall forthwith decide the same and

notify all parties of the decision and return all papers with

a copy of the decision to the agency administrator. The

decision of the director shall be subject to judicial review

in accordance with the terms of the Iowa administrative

procedure Actchapter 17A. Pending final order made by the

director, upon any appeal prosecuted to such director, the

order of the agency board from which the appeal is taken shall

be operative and be in full force and effect.

Sec. 128.

2002 Iowa Acts, chapter 1149, section 2, is

amended by striking the section and inserting in lieu thereof

the following:

SEC.

2. Section 137F.6, Code 2001, is amended by adding

the following new subsection:

NEW SUBSECTION 7. For a farmers market where potentially

hazardous food is sold or distributed, one seasonal license

fee of one hundred dollars for each vendor on a countywide

basis.

Sec. 129.

2002 Iowa Acts, chapter 1175, section 41, the

bill section amending clause, is amended to read as follows:

Section 546.10, subsection 3, unnumbered paragraph 2, if

enacted by 2002 Iowa Acts, Senate File 2326, section 32, is

amended to read as follows:

Sec. 130.

2001 Iowa Acts, chapter 55, section 31, is

amended by striking the section and inserting in lieu thereof

the following:

SEC.

31. Section 502.102, subsection 11, paragraph c,

subparagraphs (3) and (4), Code 2001, are amended to read as

follows:

(3) An attorney licensed to practice law in this state, a

certified public accountant licensed pursuant to chapter 542C

542D, a professional engineer licensed pursuant to chapter

542B, or a certified teacher, if the person's performance of

these services is solely incidental to the practice of the

person's profession.

(4) An attorney licensed to practice law in this state or

a certified public accountant licensed pursuant to chapter

542C542D who does not do any of the following:

(a) Exercise investment discretion regarding the assets of

a client or maintain custody of the assets of a client for the

purpose of investing the assets, except when the person is

acting as a bona fide fiduciary in a capacity such as an

executor, administrator, trustee, estate or trust agent,

guardian, or conservator.

(b) Accept or receive directly or indirectly any

commission, fee, or other remuneration contingent upon the

purchase or sale of any specific security by a client of such

person.

(c) Provide advice regarding the purchase or sale of

specific securities. However, this subparagraph subdivision

(c) shall not apply when the advice about specific securities

is based on a financial statement analysis or tax

considerations that are reasonably related to and in

connection with the person's profession.

Sec. 131.

Sections 513C.3, 514E.1, 514I.1 through 514I.9,

and 514I.11, Code 2003, are amended by striking the term

"HAWK-I" and inserting in lieu thereof the term "hawk-i". The

Code editor is directed to replace the term "HAWK-I" with the

term "hawk-i" in any other statute contained in the 2003 Code

or which is amended or enacted in other legislation enacted

during the 2003 Session of the 80th General Assembly. The

Code editor is further directed to make the same replacement

in statutes appearing in any legislation that was enacted

prior to the 2003 Session of the 80th General Assembly, but

that will be codified on or after the effective date of this

Act.

Sec. 132.

RETROACTIVE APPLICABILITY AND EFFECTIVE DATES.

1. The amendment in this Act to section 29A.90, subsection

3, Code 2003, is retroactively applicable to April 22, 2002.

2. The section of this Act amending 2002 Iowa Acts,

chapter 1093, section 3, takes effect upon enactment and is

retroactively applicable to April 8, 2002.

3. The sections of this Act amending 2002 Iowa Acts,

chapter 1119, section 108 and 2002 Iowa Acts, chapter 1132,

section 9, take effect upon enactment and are retroactively

applicable to July 1, 2002.

4. The sections of this Act amending 2002 Iowa Acts,

chapter 1140, section 28 and 2002 Iowa Acts, chapter 1149,

section 2, take effect upon enactment and are retroactively

applicable to May 2, 2002.

5. This section is effective upon enactment.