House File 2208
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 549)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to nonsubstantive Code corrections and including
2 effective and retroactive applicability date provisions.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5304HV 80
5 lh/pj/5
PAG LIN
1 1 Section 1. Section 2B.10, Code Supplement 2003, is amended
1 2 to read as follows:
1 3 2B.10 SESSION LAWS IOWA ACTS.
1 4 1. The arrangement of the Acts and resolutions, and the
1 5 size, style, type, binding, general arrangement, and tables of
1 6 the session laws Iowa Acts shall be printed and published in
1 7 the manner determined by the Iowa Code editor in accordance
1 8 with the policies set by the legislative council as provided
1 9 in section 2.42.
1 10 2. Chapters of the first regular session shall be numbered
1 11 from one and chapters of the second regular session shall be
1 12 numbered from one thousand one.
1 13 3. A list of elective state officers and deputies, supreme
1 14 court justices, judges of the court of appeals, and members of
1 15 the general assembly shall be published annually with the
1 16 session laws Iowa Acts.
1 17 4. A statement of the condition of the state treasury
1 18 shall be included, as provided by the Constitution of the
1 19 State of Iowa. The statement shall be furnished by the
1 20 director of the department of administrative services.
1 21 5. The enrolling clerks of the house and senate shall
1 22 arrange for the Iowa Code editor to receive suitable copies of
1 23 all Acts and resolutions as soon as they are enrolled.
1 24 6. A notation of the filing of an estimate of a state
1 25 mandate prepared by the legislative services agency pursuant
1 26 to section 25B.5 shall be included in the session laws Iowa
1 27 Acts with the text of an enacted bill or joint resolution
1 28 containing the state mandate.
1 29 Sec. 2. Section 2B.17, subsection 2, Code Supplement 2003,
1 30 is amended to read as follows:
1 31 2. The session laws Acts of each general assembly shall be
1 32 known as "Acts of the .. General Assembly, .. Session,
1 33 Chapter (or File No.) .., Section .." (inserting the
1 34 appropriate numbers) and shall be cited as ".. Iowa Acts,
1 35 chapter .., section .." (inserting the appropriate year,
2 1 chapter, and section number).
2 2 Sec. 3. Section 3.3, Code 2003, is amended to read as
2 3 follows:
2 4 3.3 HEADNOTES AND HISTORICAL REFERENCES.
2 5 Proper headnotes may be placed at the beginning of a
2 6 section of a bill, and at the end of the section there may be
2 7 placed a reference to the section number of the Code, or any
2 8 session law Iowa Act from which the matter of the bill was
2 9 taken, but, except as provided in the Uniform Commercial Code,
2 10 section 554.1109, neither said headnotes nor said historical
2 11 references shall be considered as a part of the law as
2 12 enacted.
2 13 Sec. 4. Section 7J.1, subsection 1, Code Supplement 2003,
2 14 is amended to read as follows:
2 15 1. DESIGNATION OF CHARTER AGENCIES == PURPOSE. The
2 16 governor may, by executive order, designate state departments
2 17 or agencies, as described in section 7E.5, or the Iowa lottery
2 18 authority established in chapter 99G, other than the
2 19 department of administrative services, if the department is
2 20 established in law, or the department of management, as a
2 21 charter agency by July 1, 2003. The designation of a charter
2 22 agency shall be for a period of five years which shall
2 23 terminate as of June 30, 2008. The purpose of designating a
2 24 charter agency is to grant the agency additional authority as
2 25 provided by this chapter while reducing the total
2 26 appropriations to the agency.
2 27 Sec. 5. Section 8.59, Code Supplement 2003, is amended to
2 28 read as follows:
2 29 8.59 APPROPRIATIONS FREEZE.
2 30 Notwithstanding contrary provisions of the Code, the
2 31 amounts appropriated under the applicable sections of the Code
2 32 for fiscal years commencing on or after July 1, 1993, are
2 33 limited to those amounts expended under those sections for the
2 34 fiscal year commencing July 1, 1992. If an applicable section
2 35 appropriates moneys to be distributed to different recipients
3 1 and the operation of this section reduces the total amount to
3 2 be distributed under the applicable section, the moneys shall
3 3 be prorated among the recipients. As used in this section,
3 4 "applicable sections" means the following sections: 53.50,
3 5 229.35, 230.8, 230.11, 411.20, and 663.44.
3 6 Sec. 6. Section 8A.124, Code Supplement 2003, is amended
3 7 to read as follows:
3 8 8A.124 ADDITIONAL PERSONNEL.
3 9 The department may employ, upon the approval of the
3 10 department of management, such additional personnel in excess
3 11 of the number of full=time equivalent positions authorized by
3 12 the general assembly if such additional personnel are
3 13 reasonable and necessary to perform such duties as required to
3 14 meet the needs of the department to provide services to other
3 15 governmental entities and as authorized by this chapter. The
3 16 director shall notify in writing the department of management,
3 17 the legislative fiscal committee, and the legislative services
3 18 agency of any additional personnel employed pursuant to this
3 19 section.
3 20 Sec. 7. Section 8A.402, subsection 2, paragraph c, Code
3 21 Supplement 2003, is amended to read as follows:
3 22 c. Encourage and exercise leadership in the development of
3 23 effective personnel administration within the several state
3 24 agencies, and to make available the facilities of the
3 25 department to this end.
3 26 Sec. 8. Section 8A.502, subsection 14, paragraph b,
3 27 unnumbered paragraph 1, Code Supplement 2003, is amended to
3 28 read as follows:
3 29 Modify the centralized statewide accounting system and
3 30 develop, or require to be developed by the appropriate
3 31 departments of state government, the necessary reports and
3 32 procedures necessary to complete the managerial and financial
3 33 reports required to comply with the federal law.
3 34 Sec. 9. Section 11.27, subsection 2, Code 2003, is amended
3 35 to read as follows:
4 1 2. The results of an audit of the documents and the
4 2 records of the department of management created in the budget
4 3 and financial control Act chapter 8, which records shall be
4 4 audited by the auditor; and, the results of the auditor's
4 5 audit of all taxes and other revenue collected and paid into
4 6 the treasury, and the sources thereof.
4 7 Sec. 10. Section 15.269, subsection 2, paragraph b,
4 8 subparagraph (1), subparagraph subdivision (a), Code
4 9 Supplement 2003, is amended to read as follows:
4 10 (a) Each cogeneration pilot project facility must involve
4 11 two hundred megawatts or less of electricity, in combination
4 12 with one or more other cogeneration pilot project facilities.
4 13 Sec. 11. Section 28.4, subsection 12, paragraph d,
4 14 subparagraph (1), Code Supplement 2003, is amended to read as
4 15 follows:
4 16 (1) Moneys for the healthy opportunities for parents to
4 17 experience success == healthy families Iowa program under
4 18 section 135.106 by the fiscal year beginning July 1, 2000, and
4 19 ending June 30, 2001.
4 20 Sec. 12. Section 29A.1, subsection 1, Code 2003, is
4 21 amended to read as follows:
4 22 1. "Active state State military service" means training or
4 23 operational duty or other service authorized and performed
4 24 under the provisions of 32 U.S.C. or other federal law or
4 25 regulation as part of the Iowa army national guard or Iowa air
4 26 national guard and paid for with federal funds.
4 27 Sec. 13. Section 29A.8A, Code 2003, is amended to read as
4 28 follows:
4 29 29A.8A ACTIVE STATE STATE MILITARY SERVICE.
4 30 If federal funding and authorization exist for this
4 31 purpose, the governor may order to active state military
4 32 service the military forces of the Iowa army national guard or
4 33 Iowa air national guard as the governor may deem appropriate
4 34 for the purposes of homeland security, homeland defense, or
4 35 other duty. A state employee shall take either a full day's
5 1 leave or eight hours of compensatory time on a day in which
5 2 the state employee receives a full day's pay from federal
5 3 funds for national guard duty.
5 4 Sec. 14. Section 29A.28, subsections 1 and 3, Code
5 5 Supplement 2003, are amended to read as follows:
5 6 1. All officers and employees of the state, or a
5 7 subdivision thereof, or a municipality other than employees
5 8 employed temporarily for six months or less, who are members
5 9 of the national guard, organized reserves or any component
5 10 part of the military, naval, or air forces or nurse corps of
5 11 this state or nation, or who are or may be otherwise inducted
5 12 into the military service of this state or of the United
5 13 States, shall, when ordered by proper authority to state
5 14 active duty, active state military service, or federal
5 15 service, be entitled to a leave of absence from such civil
5 16 employment for the period of state active duty, active state
5 17 military service, or federal service, without loss of status
5 18 or efficiency rating, and without loss of pay during the first
5 19 thirty days of such leave of absence. Where state active
5 20 duty, active state military service, or federal service is for
5 21 a period less than thirty days, a leave of absence under this
5 22 section shall only be required for those days that the civil
5 23 employee would normally perform services for the state,
5 24 subdivision of the state, or a municipality.
5 25 3. Upon returning from a leave of absence under this
5 26 section, an employee shall be entitled to return to the same
5 27 position and classification held by the employee at the time
5 28 of entry into state active duty, active state military
5 29 service, or federal service or to the position and
5 30 classification that the employee would have been entitled to
5 31 if the continuous civil service of the employee had not been
5 32 interrupted by state active duty, active state military
5 33 service, or federal service. Under this subsection,
5 34 "position" includes the geographical location of the position.
5 35 Sec. 15. Section 29A.90, subsection 3, Code Supplement
6 1 2003, is amended to read as follows:
6 2 3. "Military service" means full=time active state
6 3 military service or state active duty, as defined in section
6 4 29A.1, for a period of at least ninety consecutive days,
6 5 commencing on or after April 22, 2002.
6 6 Sec. 16. Section 29B.13, unnumbered paragraph 1, Code
6 7 2003, is amended to read as follows:
6 8 Under regulations as may be prescribed under this code a
6 9 person subject to this code who is on active state military
6 10 service or state active duty who is accused of an offense
6 11 against civil authority may be delivered, upon request, to the
6 12 civil authority for trial.
6 13 Sec. 17. Section 72.5, subsection 2, Code 2003, is amended
6 14 to read as follows:
6 15 2. In connection with development of a statewide building
6 16 energy efficiency rating system, pursuant to section 473.40,
6 17 the director of the department of natural resources in
6 18 consultation with the department of management, state building
6 19 code director commissioner, and state fire marshal, shall
6 20 develop standards and methods to evaluate design development
6 21 documents and construction documents based upon the energy
6 22 efficiency rating system for public buildings, and other life
6 23 cycle cost factors, to facilitate fair and uniform comparisons
6 24 between design proposals and informed decision making by
6 25 public bodies.
6 26 Sec. 18. Section 80.35, Code Supplement 2003, is amended
6 27 to read as follows:
6 28 80.35 TRANSITION.
6 29 Persons employed by the department of administrative
6 30 general services as capitol security force officers shall be
6 31 transferred to the division of capitol security of the
6 32 department of public safety on July 1, 1976. Persons
6 33 transferred pursuant to this section shall retain their
6 34 positions as capitol police officers, shall not be subject to
6 35 the requirements and conditions of section 80.15, and shall
7 1 remain under the Iowa public employees' retirement system.
7 2 Persons employed after July 1, 1976, by the department of
7 3 public safety as capitol police officers within the division
7 4 of capitol police shall be subject to the requirements and
7 5 conditions of section 80.15, except those requirements
7 6 relating to age, and shall be subject to the Iowa public
7 7 employees' retirement system. The minimum age for persons
7 8 employed by the division of capitol police shall be eighteen.
7 9 Sec. 19. Section 80B.5, Code 2003, is amended to read as
7 10 follows:
7 11 80B.5 ADMINISTRATION.
7 12 The administration of the Iowa law enforcement academy and
7 13 council Act this chapter shall be vested in the office of the
7 14 governor. A director of the academy and such staff as may be
7 15 necessary for it to function shall be employed pursuant to the
7 16 Iowa merit system.
7 17 Sec. 20. Section 80B.11E, subsection 4, Code Supplement
7 18 2003, is amended to read as follows:
7 19 4. An individual who has not been hired by a law
7 20 enforcement agency must be hired by a law enforcement agency
7 21 within eighteen months of completing the appropriate
7 22 coursework at the law enforcement academy in order to obtain
7 23 certification pursuant to this section chapter.
7 24 Sec. 21. Section 96.7, subsection 12, paragraph a, Code
7 25 Supplement 2003, is amended to read as follows:
7 26 a. An employer other than a governmental entity or a
7 27 nonprofit organization, subject to this chapter, shall pay an
7 28 administrative contribution surcharge equal in amount to one=
7 29 tenth of one percent of federal taxable wages, as defined in
7 30 section 96.19, subsection 37, paragraph "b", subject to the
7 31 surcharge formula to be developed by the department under this
7 32 paragraph. The department shall develop a surcharge formula
7 33 that provides a target revenue level of no greater than six
7 34 million five hundred twenty=five thousand dollars for calendar
7 35 years 2003, 2004, and 2005 and a target revenue level of no
8 1 greater than three million two hundred sixty=two thousand five
8 2 hundred dollars for calendar year 2006 and each subsequent
8 3 calendar year. The department shall reduce the administrative
8 4 contribution surcharge established for any calendar year
8 5 proportionate to any federal government funding that provides
8 6 an increased allocation of moneys for workforce development
8 7 offices, under the federal employment services financing
8 8 reform legislation. Any administrative contribution surcharge
8 9 revenue that is collected in calendar year 2003, 2004, or 2005
8 10 in excess of six million five hundred twenty=five thousand
8 11 dollars or in calendar year 2006 or a subsequent calendar year
8 12 in excess of three million two hundred sixty=two thousand five
8 13 hundred dollars shall be deducted from the amount to be
8 14 collected in the subsequent calendar year 2003 before the
8 15 department establishes the administrative contribution
8 16 surcharge. The department shall recompute the amount as a
8 17 percentage of taxable wages, as defined in section 96.19,
8 18 subsection 37, and shall add the percentage surcharge to the
8 19 employer's contribution rate determined under this section.
8 20 The percentage surcharge shall be capped at a maximum of seven
8 21 dollars per employee. The department shall adopt rules
8 22 prescribing the manner in which the surcharge will be
8 23 collected. Interest shall accrue on all unpaid surcharges
8 24 under this subsection at the same rate as on regular
8 25 contributions and shall be collectible in the same manner.
8 26 Interest accrued and collected under this paragraph and
8 27 interest earned and credited to the fund under paragraph "b"
8 28 shall be used by the department only for the purposes set
8 29 forth in paragraph "c".
8 30 Sec. 22. Section 99B.9, subsection 1, unnumbered paragraph
8 31 1, Code Supplement 2003, is amended to read as follows:
8 32 Except as otherwise permitted by section 99B.3, 99B.5,
8 33 99B.6, 99B.7, 99B.8, 99B.11, or 99B.12A, it is unlawful to
8 34 permit gambling on any premises owned, leased, rented, or
8 35 otherwise occupied by a person other than a government,
9 1 governmental agency, or governmental subdivision, unless all
9 2 of the following are complied with:
9 3 Sec. 23. Section 99D.24, subsection 4, unnumbered
9 4 paragraph 1, Code 2003, is amended to read as follows:
9 5 A person commits a class "D" felony and, in addition, shall
9 6 be barred for life from racetracks under the jursidiction
9 7 jurisdiction of the commission, if the person does any of the
9 8 following:
9 9 Sec. 24. Section 99G.8, subsection 9, Code Supplement
9 10 2003, is amended to read as follows:
9 11 9. Board members shall be considered to hold public office
9 12 and shall give bond as such as required in chapter 64.
9 13 Sec. 25. Section 99G.10, subsection 8, Code Supplement
9 14 2003, is amended to read as follows:
9 15 8. A background investigation shall be conducted by the
9 16 department of public safety, division of criminal
9 17 investigation, on each applicant who has reached the final
9 18 selection process prior to employment by the authority. For
9 19 positions not designated as sensitive by the board, the
9 20 investigation may consist of a state criminal history
9 21 background check, work history, and financial review. The
9 22 board shall identify those sensitive positions of the
9 23 authority which require full background investigations, which
9 24 positions shall include, at a minimum, any officer of the
9 25 authority, and any employee with operational management
9 26 responsibilities, security duties, or system maintenance or
9 27 programming responsibilities related to the authority's data
9 28 processing or network hardware, software, communication, or
9 29 related systems. In addition to a work history and financial
9 30 review, a full background investigation may include a national
9 31 criminal history record check through the federal bureau of
9 32 investigation. The screening of employees through the federal
9 33 bureau of investigation shall be conducted by submission of
9 34 fingerprints through the state criminal history record
9 35 repository to the federal bureau of investigation. The
10 1 results of background investigations conducted pursuant to
10 2 this section shall not be considered public records under
10 3 chapter 22.
10 4 Sec. 26. Section 99G.33, Code Supplement 2003, is amended
10 5 to read as follows:
10 6 99G.33 LAW ENFORCEMENT INVESTIGATIONS.
10 7 The department of public safety, division of criminal
10 8 investigation, shall be the primary state agency responsible
10 9 for investigating criminal violations under this chapter. The
10 10 chief executive officer shall contract with the department of
10 11 public safety for investigative services, including the
10 12 employment of special agents and support personnel, and
10 13 procurement of necessary equipment to carry out the
10 14 responsibilities of the division of criminal investigation
10 15 under the terms of the agreement contract and this chapter.
10 16 Sec. 27. Section 100.35, unnumbered paragraph 2, Code
10 17 2003, is amended to read as follows:
10 18 Rules by the fire marshal affecting the construction of new
10 19 buildings, additions to buildings or rehabilitation of
10 20 existing buildings and related to fire protection, shall be
10 21 substantially in accord with the provisions of the nationally
10 22 recognized building and related codes adopted as the state
10 23 building code pursuant to section 103A.7 or with codes adopted
10 24 by a local subdivision which are in substantial accord with
10 25 the codes comprising the state building code.
10 26 Sec. 28. Section 100.38, Code 2003, is amended to read as
10 27 follows:
10 28 100.38 CONFLICTING STATUTES.
10 29 Provisions of this chapter in conflict with the state
10 30 building code, as adopted pursuant to section 103A.7, shall
10 31 not apply where the state building code has been adopted or
10 32 when the state building code applies throughout the state.
10 33 Sec. 29. Section 100.39, unnumbered paragraph 3, Code
10 34 2003, is amended to read as follows:
10 35 Plans and installation of systems shall be approved by the
11 1 state fire marshal, a designee of the state fire marshal, or
11 2 local authorities having jurisdiction. Except where local
11 3 fire protection regulations are more stringent, the provisions
11 4 of this section shall be applicable to all buildings, whether
11 5 privately or publicly owned. The definition of terms shall be
11 6 in conformity, insofar as possible, with definitions found in
11 7 the state building code adopted pursuant to section 103A.7.
11 8 Sec. 30. Section 100B.8, Code Supplement 2003, is amended
11 9 to read as follows:
11 10 100B.8 EMPLOYEES.
11 11 Employees of the fire service institute at Iowa state
11 12 university on July 1, 2000, may elect to transfer to the
11 13 department of public safety in a position and at a pay range
11 14 commensurate with their duties as determined by the department
11 15 of administrative services personnel, the department of public
11 16 safety, and the employee's certified collective bargaining
11 17 representative.
11 18 Sec. 31. Section 124.401, subsection 1, paragraph b,
11 19 subparagraph (8), Code Supplement 2003, is amended to read as
11 20 follows:
11 21 (8) More than five grams but not more than five kilograms
11 22 of amphetamine, its salts, isomers, or salts of isomers, or
11 23 any compound, mixture, or preparation which contains any
11 24 quantity of or detectable amount of amphetamine, its salts,
11 25 isomers, and salts of isomers.
11 26 Sec. 32. Section 135.18, Code 2003, is amended to read as
11 27 follows:
11 28 135.18 CONFLICTING STATUTES.
11 29 Provisions of this chapter in conflict with the state
11 30 building code, as adopted pursuant to section 103A.7, shall
11 31 not apply where the state building code has been adopted or
11 32 when the state building code applies throughout the state.
11 33 Sec. 33. Section 135.142, subsection 2, Code Supplement
11 34 2003, is amended to read as follows:
11 35 2. If a public health disaster exists or there is
12 1 reasonable cause to believe that a public health disaster is
12 2 imminent and if the public health disaster or belief that a
12 3 public health disaster is imminent results in a statewide or
12 4 regional shortage or threatened shortage of any product
12 5 described under subsection 1, whether or not such product has
12 6 been purchased by the department, the department may control,
12 7 restrict, and regulate by rationing and using quotas,
12 8 prohibitions on shipments, allocation, or other means, the
12 9 use, sale, dispensing, distribution, or transportation of the
12 10 relevant product necessary to protect the public health,
12 11 safety, and welfare of the people of this state. The
12 12 department shall collaborate with persons who have control of
12 13 the products when reasonably possible.
12 14 Sec. 34. Section 135.106, Code 2003, is amended to read as
12 15 follows:
12 16 135.106 HEALTHY FAMILIES IOWA PROGRAM PROGRAMS ==
12 17 ESTABLISHED.
12 18 1. The Iowa department of public health shall establish a
12 19 healthy opportunities for parents to experience success
12 20 (HOPES)==healthy families Iowa (HFI) program to provide
12 21 services to families and children during the prenatal through
12 22 preschool years. The program shall be designed to do all of
12 23 the following:
12 24 a. Promote optimal child health and development.
12 25 b. Improve family coping skills and functioning.
12 26 c. Promote positive parenting skills and intrafamilial
12 27 interaction.
12 28 d. Prevent child abuse and neglect and infant mortality
12 29 and morbidity.
12 30 2. The HOPES HOPES=HFI program shall be developed by the
12 31 Iowa department of public health, and may be implemented, in
12 32 whole or in part, by contracting with a nonprofit child abuse
12 33 prevention organization, local nonprofit certified home health
12 34 program or other local nonprofit organizations, and shall
12 35 include, but is not limited to, all of the following
13 1 components:
13 2 a. Identification of barriers to positive birth outcomes,
13 3 encouragement of collaboration and cooperation among providers
13 4 of health care, social and human services, and other services
13 5 to pregnant women and infants, and encouragement of pregnant
13 6 women and women of childbearing age to seek health care and
13 7 other services which promote positive birth outcomes.
13 8 b. Provision of community=based home=visiting family
13 9 support to pregnant women and new parents who are identified
13 10 through a standardized screening process to be at high risk
13 11 for problems with successfully parenting their child.
13 12 c. Provision by family support workers of individual
13 13 guidance, information, and access to health care and other
13 14 services through care coordination and community outreach,
13 15 including transportation.
13 16 d. Provision of systematic screening, prenatally or upon
13 17 the birth of a child, to identify high=risk families.
13 18 e. Interviewing by a HOPES HOPES=HFI program worker or
13 19 hospital social worker of families identified as high risk and
13 20 encouragement of acceptance of family support services.
13 21 f. Provision of services including, but not limited to,
13 22 home visits, support services, and instruction in child care
13 23 and development.
13 24 g. Individualization of the intensity and scope of
13 25 services based upon the family's needs, goals, and level of
13 26 risk.
13 27 h. Assistance by a family support worker to participating
13 28 families in creating a link to a "medical home" in order to
13 29 promote preventive health care.
13 30 i. Evaluation and reporting on the program, including an
13 31 evaluation of the program's success in reducing participants'
13 32 risk factors and provision of services and recommendations for
13 33 changes in or expansion of the program.
13 34 j. Provision of continuous follow=up contact with a family
13 35 served by the program until identified children reach age
14 1 three or age four in cases of continued high need or until the
14 2 family attains its individualized goals for health,
14 3 functioning, and self=sufficiency.
14 4 k. Provision or employment of family support workers who
14 5 have experience as a parent, knowledge of health care
14 6 services, social and human services, or related community
14 7 services and have participated in a structured training
14 8 program.
14 9 l. Provision of a training program that meets established
14 10 standards for the education of family support workers. The
14 11 structured training program shall include at a minimum the
14 12 fundamentals of child health and development, dynamics of
14 13 child abuse and neglect, and principles of effective parenting
14 14 and parenting education.
14 15 m. Provision of crisis child care through utilization of
14 16 existing child care services to participants in the program.
14 17 n. Program criteria shall include a required match of one
14 18 dollar provided by the organization contracting to deliver
14 19 services for each two dollars provided by the state grant.
14 20 This requirement shall not restrict the department from
14 21 providing unmatched grant funds to communities to plan new or
14 22 expanded programs for HOPES HOPES=HFI. The department shall
14 23 establish a limit on the amount of administrative costs that
14 24 can be supported with state funds.
14 25 o. Involvement with the community assessment and planning
14 26 process in the community served by HOPES HOPES=HFI programs to
14 27 enhance collaboration and integration of family support
14 28 programs.
14 29 p. Collaboration, to the greatest extent possible, with
14 30 other family support programs funded or operated by the state.
14 31 q. Utilization of private party, third party, and medical
14 32 assistance for reimbursement to defray the costs of services
14 33 provided by the program to the extent possible.
14 34 3. It is the intent of the general assembly to provide
14 35 communities with the discretion and authority to redesign
15 1 existing local programs and services targeted at and assisting
15 2 families expecting babies and families with children who are
15 3 newborn through five years of age. The Iowa department of
15 4 public health, department of human services, department of
15 5 education, and other state agencies and programs, as
15 6 appropriate, shall provide technical assistance and support to
15 7 communities desiring to redesign their local programs and
15 8 shall facilitate the consolidation of existing state funding
15 9 appropriated and made available to the community for family
15 10 support services. Funds which are consolidated in accordance
15 11 with this subsection shall be used to support the redesigned
15 12 service delivery system. In redesigning services, communities
15 13 are encouraged to implement a single uniform family risk
15 14 assessment mechanism and shall demonstrate the potential for
15 15 improved outcomes for children and families. Requests by
15 16 local communities for the redesigning of services shall be
15 17 submitted to the Iowa department of public health, department
15 18 of human services, and department of education, and are
15 19 subject to the approval of the Iowa empowerment board in
15 20 consultation with the departments, based on the innovation
15 21 zone principles established in section 8A.2, Code 1997.
15 22 Sec. 35. Section 135B.17, unnumbered paragraph 2, Code
15 23 2003, is amended to read as follows:
15 24 Provisions of this chapter in conflict with the state
15 25 building code, as adopted pursuant to section 103A.7, shall
15 26 not apply where the state building code has been adopted or
15 27 when the state building code applies throughout the state.
15 28 Sec. 36. Section 135C.28, Code 2003, is amended to read as
15 29 follows:
15 30 135C.28 CONFLICTING STATUTES.
15 31 Provisions of this chapter in conflict with the state
15 32 building code, as adopted pursuant to section 103A.7, shall
15 33 not apply where the state building code has been adopted or
15 34 when the state building code applies throughout the state.
15 35 Sec. 37. Section 137C.31, Code 2003, is amended to read as
16 1 follows:
16 2 137C.31 CONFLICTS WITH STATE BUILDING CODE.
16 3 Provisions of the Iowa hotel sanitation code in conflict
16 4 with the state building code, as adopted pursuant to section
16 5 103A.7, shall not apply where the state building code has been
16 6 adopted or when the state building code applies throughout the
16 7 state.
16 8 Sec. 38. Section 137D.6, Code 2003, is amended to read as
16 9 follows:
16 10 137D.6 CONFLICTS WITH STATE BUILDING CODE.
16 11 Provisions of this chapter, including standards for home
16 12 food establishments adopted by the department, in conflict
16 13 with the state building code, as adopted pursuant to section
16 14 103A.7, shall not apply where the state building code has been
16 15 adopted or when the state building code applies throughout the
16 16 state.
16 17 Sec. 39. Section 137F.16, Code 2003, is amended to read as
16 18 follows:
16 19 137F.16 CONFLICTS WITH STATE BUILDING CODE.
16 20 Provisions of this chapter in conflict with the state
16 21 building code, as adopted pursuant to section 103A.7, shall
16 22 not apply where the state building code has been adopted or
16 23 when the state building code applies throughout the state.
16 24 Sec. 40. Section 145A.16, subsection 4, Code 2003, is
16 25 amended to read as follows:
16 26 4. Donations and gifts which may be accepted by the
16 27 hospital trustees and expended in accordance with the terms of
16 28 the gift without compliance with the local budget law, chapter
16 29 24.
16 30 Sec. 41. Section 167.11, unnumbered paragraph 2, Code
16 31 2003, is amended to read as follows:
16 32 This section shall not apply where the state building code,
16 33 as adopted pursuant to section 103A.7, has been adopted or
16 34 when the state building code applies throughout the state.
16 35 Sec. 42. Section 232.71D, subsection 3, paragraph i,
17 1 subparagraph (5), Code 2003, is amended to read as follows:
17 2 (5) Medical assistance home and community=based services
17 3 waiver for persons with mental retardation residential program
17 4 regulated by the department of human services and the
17 5 department of inspections and appeals.
17 6 Sec. 43. Section 237A.29, subsection 3, paragraph a, Code
17 7 Supplement 2003, is amended to read as follows:
17 8 a. If a child care provider is subject to sanctions under
17 9 subsection 2, within five business days of the date the
17 10 sanctions were are imposed, the provider shall submit to the
17 11 department the names and addresses of children receiving child
17 12 care from the provider. The department shall send information
17 13 to the parents of the children regarding the provider's
17 14 actions leading to the imposition of the sanctions and the
17 15 nature of the sanctions imposed.
17 16 Sec. 44. Section 249A.12, subsection 2, Code Supplement
17 17 2003, is amended to read as follows:
17 18 2. A county shall reimburse the department on a monthly
17 19 basis for that portion of the cost of assistance provided
17 20 under this section to a recipient with legal settlement in the
17 21 county, which is not paid from federal funds, if the
17 22 recipient's placement has been approved by the appropriate
17 23 review organization as medically necessary and appropriate.
17 24 The department's goal for the maximum time period for
17 25 submission of a claim to a county is not more than sixty days
17 26 following the submission of the claim by the provider of the
17 27 service to the department. The department's goal for
17 28 completion and crediting of a county for cost settlement for
17 29 the actual costs of a service under a home and community=based
17 30 services waiver service is within two hundred seventy days of
17 31 the close of a fiscal year for which cost reports are due from
17 32 providers. The department shall place all reimbursements from
17 33 counties in the appropriation for medical assistance, and may
17 34 use the reimbursed funds in the same manner and for any
17 35 purpose for which the appropriation for medical assistance may
18 1 be used.
18 2 Sec. 45. Section 249A.12, subsection 5, paragraph a,
18 3 unnumbered paragraph 1, Code Supplement 2003, is amended to
18 4 read as follows:
18 5 The mental health and developmental disabilities commission
18 6 shall recommend to the department the actions necessary to
18 7 assist in the transition of individuals being served in an
18 8 intermediate care facility for persons with mental
18 9 retardation, who are appropriate for the transition, to
18 10 services funded under a medical assistance waiver for home and
18 11 community=based services waiver for persons with mental
18 12 retardation in a manner which maximizes the use of existing
18 13 public and private facilities. The actions may include but
18 14 are not limited to submitting any of the following or a
18 15 combination of any of the following as a request for a
18 16 revision of the medical assistance waiver for home and
18 17 community=based services waiver for persons with mental
18 18 retardation in effect as of June 30, 1996:
18 19 Sec. 46. Section 249A.12, subsection 5, paragraph a,
18 20 subparagraph (1), Code Supplement 2003, is amended to read as
18 21 follows:
18 22 (1) Allow for the transition of intermediate care
18 23 facilities for persons with mental retardation licensed under
18 24 chapter 135C as of June 30, 1996, to services funded under the
18 25 medical assistance waiver for home and community=based
18 26 services waiver for persons with mental retardation. The
18 27 request shall be for inclusion of additional persons under the
18 28 waiver associated with the transition.
18 29 Sec. 47. Section 249A.30, Code 2003, is amended to read as
18 30 follows:
18 31 249A.30 HOME AND COMMUNITY=BASED SERVICES WAIVER SERVICES
18 32 == SERVICE PROVIDER REIMBURSEMENT.
18 33 1. The base reimbursement rate for a provider of services
18 34 under a medical assistance program home and community=based
18 35 services waiver for persons with mental retardation shall be
19 1 recalculated at least every three years to adjust for the
19 2 changes in costs during the immediately preceding three=year
19 3 period.
19 4 2. The annual inflation factor used to adjust such a
19 5 provider's reimbursement rate for a fiscal year shall not
19 6 exceed the percentage increase in the employment cost index
19 7 for private industry compensation issued by the federal
19 8 department of labor, bureau of labor statistics, for the most
19 9 recently completed calendar year.
19 10 Sec. 48. Section 249H.3, subsections 1 and 4, Code 2003,
19 11 are amended to read as follows:
19 12 1. "Affordable" means rates for payment of services which
19 13 do not exceed the rates established for providers of medical
19 14 and health services under the medical assistance program with
19 15 eligibility for an individual equal to the eligibility for
19 16 medical assistance pursuant to section 249A.3. In relation to
19 17 services provided by a provider of services under a home and
19 18 community=based services waiver, "affordable" means that the
19 19 total monthly cost of the services provided under the home and
19 20 community=based services waiver services provided does not
19 21 exceed the cost for that level of care as established by rule
19 22 by the department of human services, pursuant to chapter 17A,
19 23 in consultation with the department of elder affairs.
19 24 4. "Long=term care alternatives" means those services
19 25 specified as services under the medical assistance program as
19 26 home and community=based services waiver services for elder
19 27 persons or adults with disabilities, elder group homes
19 28 certified under chapter 231B, assisted=living programs
19 29 certified under chapter 231C, and the PACE program.
19 30 Sec. 49. Section 249H.5, subsection 2, paragraph c,
19 31 subparagraphs (2) and (3), Code 2003, are amended to read as
19 32 follows:
19 33 (2) Expenses incurred in administration of medical
19 34 assistance home and community=based services waivers and the
19 35 PACE program due to implementation of the senior living trust
20 1 fund.
20 2 (3) Expenses incurred due to increased service delivery
20 3 provided under medical assistance home and community=based
20 4 services waivers as a result of nursing facility conversions
20 5 and long=term care service development, for the fiscal period
20 6 beginning July 1, 2000, and ending on or before June 30, 2005.
20 7 Sec. 50. Section 249H.5, subsection 2, paragraph e, Code
20 8 2003, is amended to read as follows:
20 9 e. To the department of human services an amount
20 10 necessary, annually, for additional expenses incurred relative
20 11 to implementation of the senior living program in assisting
20 12 home and community=based services waiver consumers with rent
20 13 expenses pursuant to the state supplementary assistance
20 14 program.
20 15 Sec. 51. Section 255.13, Code Supplement 2003, is amended
20 16 to read as follows:
20 17 255.13 ATTENDANT == PHYSICIAN == COMPENSATION.
20 18 If the physician appointed to examine the patient certifies
20 19 that an attendant is needed to accompany the patient to the
20 20 hospital is necessary, and the university hospital attendant
20 21 and ambulance service is not available, the county general
20 22 assistance director may appoint an attendant who shall receive
20 23 not exceeding two dollars per day for the time thus
20 24 necessarily employed and actual necessary traveling expenses
20 25 for travel by the most feasible route to the hospital whether
20 26 by ambulance, train, or automobile; but if such appointee is a
20 27 relative of the patient or a member of the patient's immediate
20 28 family, or receives a salary or other compensation from the
20 29 public for the appointee's services, no such per diem
20 30 compensation shall be paid. The physician appointed to make
20 31 the examination and report shall receive three dollars for
20 32 each examination and report so made and the physician's actual
20 33 necessary expenses incurred in making such examination, but if
20 34 the physician receives a salary or other compensation from the
20 35 public for the physician's full=time services, no such
21 1 examination fee shall be paid. The actual, necessary expenses
21 2 of transporting and caring for the patient shall be paid as
21 3 provided in this chapter.
21 4 Sec. 52. Section 256A.3, subsection 7, Code Supplement
21 5 2003, is amended to read as follows:
21 6 7. Encourage the establishment of regional councils
21 7 designed to facilitate the development on a regional basis of
21 8 programs for at=risk three=year= three=year=old and at=risk
21 9 four=year=old children.
21 10 Sec. 53. Section 260C.14, subsection 20, unnumbered
21 11 paragraph 1, Code Supplement 2003, is amended to read as
21 12 follows:
21 13 Adopt a policy to offer not less than the following options
21 14 to a student who is a member of the Iowa national guard or
21 15 reserve forces of the United States and who is ordered to
21 16 active state military service or federal service or duty:
21 17 Sec. 54. Section 260C.18, subsection 6, Code 2003, is
21 18 amended to read as follows:
21 19 6. Donations and gifts which may be accepted by the
21 20 governing board and expended in accordance with the terms of
21 21 the gift without compliance with the local budget law, chapter
21 22 24.
21 23 Sec. 55. Section 261.9, subsection 1, paragraph g,
21 24 unnumbered paragraph 1, Code Supplement 2003, is amended to
21 25 read as follows:
21 26 Adopts a policy to offer not less than the following
21 27 options to a student who is a member of the Iowa national
21 28 guard or reserve forces of the United States and who is
21 29 ordered to active state military service or federal service or
21 30 duty:
21 31 Sec. 56. Section 262.9, subsection 29, unnumbered
21 32 paragraph 1, Code Supplement 2003, is amended to read as
21 33 follows:
21 34 Direct the institutions of higher education under its
21 35 control to adopt a policy to offer not less than the following
22 1 options to a student who is a member of the Iowa national
22 2 guard or reserve forces of the United States and who is
22 3 ordered to active state military service or federal service or
22 4 duty:
22 5 Sec. 57. Section 285.10, subsection 7, paragraph b, Code
22 6 Supplement 2003, is amended to read as follows:
22 7 b. May purchase By purchasing buses and enter entering
22 8 into contracts to pay for such buses over a five=year period
22 9 as follows: one=fourth of the cost when the bus is delivered
22 10 and the balance in equal annual installments, plus simple
22 11 interest due. The interest rate shall be the lowest rate
22 12 available and shall not exceed the rate in effect under
22 13 section 74A.2. The bus shall serve as security for balance
22 14 due. Competitive bids on comparable equipment shall be
22 15 requested on all school bus purchases and shall be based upon
22 16 minimum construction standards established by the department
22 17 of education. Bids shall be requested unless the bus is a
22 18 used or demonstrator bus.
22 19 Sec. 58. Section 292.4, Code Supplement 2003, is amended
22 20 to read as follows:
22 21 292.4 APPROPRIATION.
22 22 There is appropriated from the general fund of the state
22 23 from moneys credited to the general fund of the state as a
22 24 result of the state entering into the streamlined sales and
22 25 use tax agreement to the secure an advanced vision for
22 26 education fund created in section 422E.3A, the sum of five
22 27 million dollars for each fiscal year of the fiscal period
22 28 beginning July 1, 2004, and ending June 30, 2014. The
22 29 appropriation in this section shall be made after the
22 30 appropriation from the same source to the grow Iowa values
22 31 fund created in 2003 Iowa Acts, First Extraordinary Session,
22 32 chapter 1, or another Act section 15G.108. For purposes of
22 33 this section, "moneys credited to the general fund of the
22 34 state as a result of entering into the streamlined sales and
22 35 use tax agreement" means the amount of sales and use tax
23 1 receipts credited to the general fund of the state during a
23 2 fiscal year that exceeds by two percent or more the total
23 3 sales and use tax receipts credited to the general fund of the
23 4 state during the previous fiscal year.
23 5 Sec. 59. Section 305.9, subsection 1, paragraph k, Code
23 6 Supplement 2003, is amended to read as follows:
23 7 k. Manage the state archives and develop operating
23 8 procedures for the transfer, accessioning accession,
23 9 arrangement, description, preservation, protection, and public
23 10 access of those records the commission identifies as having
23 11 permanent value.
23 12 Sec. 60. Section 322B.2, subsection 8, Code 2003, is
23 13 amended to read as follows:
23 14 8. "Modular home" means a factory=built structure which is
23 15 manufactured to be used as a place of human habitation, is
23 16 constructed to comply with the Iowa state building code for
23 17 modular factory=built structures, as adopted pursuant to
23 18 section 103A.7, and displays a seal issued by the state
23 19 building code commissioner.
23 20 Sec. 61. Section 322F.1, subsection 1, Code Supplement
23 21 2003, is amended to read as follows:
23 22 1. "Agricultural equipment" means a device, part of a
23 23 device, or an attachment of to a device designed to be
23 24 principally used for an agricultural purpose. "Agricultural
23 25 equipment" includes but is not limited to equipment associated
23 26 with livestock or crop production, horticulture, or
23 27 floriculture. "Agricultural equipment" includes but is not
23 28 limited to tractors; trailers; combines; tillage, planting,
23 29 and cultivating implements; bailers balers; irrigation
23 30 implements; and all=terrain vehicles.
23 31 Sec. 62. Section 322F.7, subsection 7, paragraph a,
23 32 subparagraph (1), Code Supplement 2003, is amended to read as
23 33 follows:
23 34 (1) For a dealership agreement governing equipment other
23 35 than outdoor power equipment, takes action terminating,
24 1 canceling, or failing to renew the dealership agreement, or
24 2 substantially changes the competitive circumstances intended
24 3 by the dealership agreement, due to the results of conditions
24 4 beyond the dealer's control, including drought, flood, labor
24 5 disputes, or economic recession.
24 6 Sec. 63. Section 331.440A, subsection 6, paragraph c,
24 7 subparagraph (1), Code 2003, is amended to read as follows:
24 8 (1) State and federal medical assistance funding for
24 9 services under a home and community=based waiver services
24 10 waiver to persons with mental retardation.
24 11 Sec. 64. Section 384.38, subsection 2, Code 2003, is
24 12 amended to read as follows:
24 13 2. Upon petition as provided in section 384.41, subsection
24 14 1, a city may assess to private property affected by public
24 15 improvements within three miles of the city's boundaries the
24 16 cost of construction and repair of public improvements within
24 17 that area. The right=of=way of a railway company shall not be
24 18 assessed unless the company joins as a petitioner for said
24 19 improvements. In the petition the property owners shall waive
24 20 the limitation provided in section 384.62 that an assessment
24 21 may shall not exceed twenty=five percent of the value of the
24 22 lot. The petition shall contain a statement that the owners
24 23 agree to pay the city an amount equal to five percent of the
24 24 cost of the improvements, to cover administrative expenses
24 25 incurred by the city. This amount may be added to the cost of
24 26 the improvements. Before the council may adopt the resolution
24 27 of necessity, the preliminary resolution, preliminary plans
24 28 and specifications, plat, schedule, and estimate of cost must
24 29 be submitted to, and receive written approval from, the board
24 30 of supervisors of any county which contains part of the
24 31 property, and the city development board established in
24 32 section 368.9.
24 33 Sec. 65. Section 422.7, subsection 38, Code Supplement
24 34 2003, is amended to read as follows:
24 35 38. Subtract, to the extent not otherwise excluded, the
25 1 amount of withdrawals from qualified retirement plan accounts
25 2 made during the tax year if the taxpayer or taxpayer's spouse
25 3 is a member of the Iowa national guard or reserve forces of
25 4 the United States who is ordered to active state military
25 5 service or federal service or duty. In addition, a penalty
25 6 for such withdrawals shall not be assessed by the state.
25 7 Sec. 66. Section 422.42, subsection 4, Code 2003, is
25 8 amended to read as follows:
25 9 4. "Farm deer" means the same as defined in section 189A.2
25 10 170.1.
25 11 Sec. 67. Section 422E.3A, subsection 2, paragraph b,
25 12 subparagraph (3), Code Supplement 2003, is amended to read as
25 13 follows:
25 14 (3) A school district that is located in whole or in part
25 15 in a county that voted on and approved the continuation of the
25 16 local sales and services tax for school infrastructure
25 17 purposes on or after April 1, 2003, the local sales and
25 18 services tax for school infrastructure purposes shall receive
25 19 an amount equal to its pro rata share of the local sales and
25 20 services tax receipts as provided in section 422E.3,
25 21 subsection 5, paragraph "d", not to exceed its guaranteed
25 22 school infrastructure amount. However, if the school
25 23 district's pro rata share is less than its guaranteed school
25 24 infrastructure amount, the district shall receive an
25 25 additional amount equal to its supplemental school
25 26 infrastructure amount.
25 27 Sec. 68. Section 422E.5, subsection 3, Code 2003, is
25 28 amended to read as follows:
25 29 3. Top priority in awarding program grants shall be the
25 30 making of school infrastructure improvements relating to fire
25 31 and personal safety. School districts eligible for program
25 32 grants shall have received an order or citation from the state
25 33 fire marshal, or a fire department chief or fire prevention
25 34 officer, for one or more fire safety violations regarding a
25 35 school facility, or in the opinion of the state fire marshal
26 1 shall be regarded as operating facilities subject to
26 2 significant fire safety deficiencies. Grant awards shall also
26 3 be available for defects or violations of the state building
26 4 code, as adopted pursuant to section 103A.7, revealed during
26 5 an inspection of school facilities by a local building
26 6 department, or for improvements consistent with the standards
26 7 and specifications contained in the state building code
26 8 regarding ensuring that buildings and facilities are
26 9 accessible to and functional for persons with disabilities.
26 10 The school budget review committee shall allocate program
26 11 funds to school districts which, in its discretion, are
26 12 determined to be faced with the most severe deficiencies.
26 13 School districts applying for program grants shall have
26 14 developed and submitted to the state fire marshal or local
26 15 building department a written plan to remedy fire or safety
26 16 defects within a specified time frame. Approval of the
26 17 written plan by the state fire marshal or local building
26 18 department shall be obtained prior to receipt of a grant award
26 19 by a school district.
26 20 Sec. 69. Section 426A.7, Code 2003, is amended to read as
26 21 follows:
26 22 426A.7 FORMS == RULES.
26 23 The director of revenue shall prescribe the form for the
26 24 making of a verified statement and designation of property
26 25 eligible for military service tax exemption, and the form for
26 26 the supporting affidavits required herein, and such other
26 27 forms as may be necessary for the proper administration of
26 28 this chapter. As soon as practicable after the effective date
26 29 of this chapter, and from From time to time thereafter as
26 30 necessary, the department of revenue shall forward to the
26 31 county auditors of the several counties of the state, such
26 32 prescribed sample forms. The director of revenue shall have
26 33 the power and authority to prescribe rules, not inconsistent
26 34 with the provisions of this chapter, necessary to carry out
26 35 and effectuate its purposes.
27 1 Sec. 70. Section 435.1, subsection 7, Code 2003, is
27 2 amended to read as follows:
27 3 7. "Modular home" means a factory=built structure which is
27 4 manufactured to be used as a place of human habitation, is
27 5 constructed to comply with the Iowa state building code for
27 6 modular factory=built structures, as adopted pursuant to
27 7 section 103A.7, and must display the seal issued by the state
27 8 building code commissioner. If a modular home is placed in a
27 9 manufactured home community or mobile home park, the home is
27 10 subject to the annual tax as required by section 435.22. If a
27 11 modular home is placed outside a manufactured home community
27 12 or a mobile home park, the home shall be considered real
27 13 property and is to be assessed and taxed as real estate.
27 14 Sec. 71. Section 441.23, Code Supplement 2003, is amended
27 15 to read as follows:
27 16 441.23 NOTICE OF VALUATION.
27 17 If there has been an increase or decrease in the valuation
27 18 of the property, or upon the written request of the person
27 19 assessed, the assessor shall, at the time of making the
27 20 assessment, inform the person assessed, in writing, of the
27 21 valuation put upon the taxpayer's property, and notify the
27 22 person, that if the person feels aggrieved, to appear before
27 23 the board of review and show why the assessment should be
27 24 changed. However, if the valuation of a class of property is
27 25 uniformly decreased, the assessor may notify the affected
27 26 property owners by publication in the official newspapers of
27 27 the county. The owners of real property shall be notified not
27 28 later than April 15 of any adjustment of the real property
27 29 assessment.
27 30 Sec. 72. Section 453D.5, subsection 3, Code Supplement
27 31 2003, is amended to read as follows:
27 32 3. The attorney general may require at any time from a
27 33 nonparticipating manufacturer proof from the financial
27 34 institution in which the nonparticipatory nonparticipating
27 35 manufacturer has established a qualified escrow fund for the
28 1 purpose of compliance with chapter 453C, of the amount of
28 2 money in the qualified escrow fund, exclusive of interest, the
28 3 amount and date of each deposit into the qualified escrow
28 4 fund, and the amount and date of each withdrawal from the
28 5 qualified escrow fund.
28 6 Sec. 73. Section 455B.172, subsection 5, unnumbered
28 7 paragraph 2, Code 2003, is amended to read as follows:
28 8 The department shall by rule adopt standards for the
28 9 commercial cleaning of private sewage disposal facilities,
28 10 including but not limited to septic tanks and pits used to
28 11 collect waste in livestock confinement structures, and for the
28 12 disposal of waste from the facilities. The standards shall
28 13 not be in conflict with the state building code adopted
28 14 pursuant to section 103A.7. A person shall not commercially
28 15 clean such facilities or dispose of waste from such facilities
28 16 unless the person has been issued a license by the department.
28 17 The department shall be exclusively responsible for adopting
28 18 the standards and issuing licenses. However, county boards of
28 19 health shall enforce the standards and licensing requirements
28 20 established by the department. Application for the license
28 21 shall be made in the manner provided by the department.
28 22 Licenses expire one year from the date of issue unless revoked
28 23 and may be renewed in the manner provided by the department.
28 24 The license or license renewal fee is twenty=five dollars. A
28 25 person violating this section or the rules adopted pursuant to
28 26 this section, is subject to a civil penalty of not more than
28 27 twenty=five dollars. Each day that a violation continues
28 28 constitutes a separate offense. However, the total civil
28 29 penalty shall not exceed five hundred dollars per year. The
28 30 penalty shall be assessed for a violation occurring ten days
28 31 following written notice of the violation delivered to the
28 32 person by the department or a county board of health. Moneys
28 33 collected by the department or a county board of health from
28 34 the imposition of civil penalties shall be deposited in the
28 35 general fund of the state.
29 1 Sec. 74. Section 455D.19, subsection 4, unnumbered
29 2 paragraph 2, Code 2003, is amended to read as follows:
29 3 Concentration levels of lead, cadmium, mercury, and
29 4 hexavalent chromium shall be determined using ASTM (American
29 5 standard of society for testing and materials) international
29 6 test methods, as revised, or United States environmental
29 7 protection agency test methods for evaluating solid waste, S=W
29 8 846, as revised.
29 9 Sec. 75. Section 455H.204, subsection 2, paragraph d, Code
29 10 2003, is amended to read as follows:
29 11 d. Risk=based corrective action assessment principles
29 12 which identify risks presented to the public health and safety
29 13 or the environment by each released hazardous substance in a
29 14 manner that will protect the public health and safety or the
29 15 environment using a tiered procedure consistent with the ASTM
29 16 (American society for testing of materials' and materials)
29 17 international standards applied to nonpetroleum and petroleum
29 18 hazardous substances.
29 19 Sec. 76. Section 459.102, subsection 12, paragraph a, Code
29 20 Supplement 2003, is amended to read as follows:
29 21 a. A manager of a commercial manure service. As used in
29 22 this paragraph a "manager" is a person who is actively
29 23 involved in the operation of a commercial manure service and
29 24 takes an important part in making management decisions
29 25 substantially contributing to or affecting the success of the
29 26 commercial manure service.
29 27 Sec. 77. Section 459.401, subsection 2, paragraph a,
29 28 subparagraph (3), Code Supplement 2003, is amended to read as
29 29 follows:
29 30 (3) Educational program fees required to be paid by
29 31 commercial manure service representatives or confinement site
29 32 manure applicators pursuant to section 459.400.
29 33 Sec. 78. Section 496C.16, Code Supplement 2003, is amended
29 34 to read as follows:
29 35 496C.16 MANAGEMENT.
30 1 All directors of a professional corporation and all
30 2 officers of a professional corporation, except assistant
30 3 officers, shall at all times be individuals who are licensed
30 4 to practice in this state a profession which the corporation
30 5 is authorized to practice. However, upon the occurrence of
30 6 any event that requires the corporation either to be dissolved
30 7 or to elect to adopt the provisions of the Iowa business
30 8 corporation Act, chapter 490, as provided in section 496C.19,
30 9 provided the corporation ceases to practice the profession
30 10 that the corporation is authorized to practice, as provided in
30 11 section 496C.19, then individuals who are not licensed to
30 12 practice in this state a profession that the corporation is
30 13 authorized to practice may be appointed as officers and
30 14 directors for the sole purpose of carrying out the dissolution
30 15 of the corporation or, if applicable, the voluntary election
30 16 of the corporation to adopt the provisions of the Iowa
30 17 business corporation Act, as provided in section 496C.19.
30 18 Sec. 79. Section 497.33, Code Supplement 2003, is amended
30 19 to read as follows:
30 20 497.33 PERSONAL LIABILITY.
30 21 Except as otherwise provided in this chapter, a director,
30 22 officer, employee, or member of the corporation is not liable
30 23 on the corporation's debts or obligations and a director,
30 24 officer, member, or other volunteer is not personally liable
30 25 in that capacity, for a claim based upon any action taken, or
30 26 any failure to take action in the discharge of the person's
30 27 duties, except for the amount of a financial benefit received
30 28 by the person to which the person is not entitled, an
30 29 intentional infliction of harm on the association corporation
30 30 or its members, or an intentional violation of criminal law.
30 31 Sec. 80. Section 499B.3, unnumbered paragraph 2, Code
30 32 2003, is amended to read as follows:
30 33 If the declaration is to convert an existing structure, the
30 34 declarant shall file the declaration of the horizontal
30 35 property regime with the city in which the regime is located
31 1 or with the county if not located within a city at least sixty
31 2 days before being recorded in the office of the county
31 3 recorder to enable the city or county, as applicable, to
31 4 establish that the converted structure meets appropriate
31 5 building code requirements as provided in section 499B.20.
31 6 However, if the city or county, as applicable, does not have a
31 7 building code, the declarant shall file the declaration with
31 8 the state building code commissioner instead of the applicable
31 9 city or county at least sixty days before the recording of the
31 10 declaration to enable the commissioner to establish that the
31 11 converted structure meets the state building code, as adopted
31 12 pursuant to section 103A.7.
31 13 Sec. 81. Section 499B.20, Code 2003, is amended to read as
31 14 follows:
31 15 499B.20 CONVERSIONS TO MEET BUILDING CODES.
31 16 After April 25, 2000, an existing structure shall not be
31 17 converted to a horizontal property regime unless the converted
31 18 structure meets local city or county, as applicable, building
31 19 code requirements in effect on the date of conversion or the
31 20 state building code requirements, as adopted pursuant to
31 21 section 103A.7, if the local city or county does not have a
31 22 building code. For purposes of this section, if the structure
31 23 is located in a city, the city building code applies and if
31 24 the structure is located in the unincorporated area of the
31 25 county, the county building code applies.
31 26 Sec. 82. Section 504A.29, subsection 1, Code 2003, is
31 27 amended to read as follows:
31 28 1. The name of the corporation and the chapter of the Code
31 29 or session laws Iowa Acts under which incorporated.
31 30 Sec. 83. Section 504A.39, subsection 4, paragraph e, Code
31 31 2003, is amended to read as follows:
31 32 e. Any other provisions, not inconsistent with law or the
31 33 purposes which the corporation is authorized to pursue, which
31 34 are to be set forth in articles of incorporation; except that
31 35 it shall not be necessary to set forth in the restated
32 1 articles of incorporation any of the corporate powers
32 2 enumerated in this chapter nor any statement with respect to
32 3 the chapter of the Code or session laws Iowa Acts under which
32 4 the corporation was incorporated, its registered office,
32 5 registered agent, directors, or incorporators, or the date on
32 6 which its corporate existence began.
32 7 Sec. 84. Section 504C.1, subsection 3, paragraph a, Code
32 8 2003, is amended to read as follows:
32 9 a. Design, modify, or construct a specific housing
32 10 facility to provide appropriate services and support to the
32 11 residents of the specific housing facility. Local
32 12 requirements shall not be more restrictive than the rules
32 13 adopted for a family home, as defined in section 335.25 or
32 14 414.22, and the state building code requirements for single=
32 15 family or multiple=family housing, as adopted pursuant to
32 16 section 103A.7.
32 17 Sec. 85. Section 508.31A, subsection 2, paragraph a,
32 18 subparagraph (2), subparagraph subdivision (b), Code
32 19 Supplement 2003, is amended to read as follows:
32 20 (b) Activities of an organization exempt from taxation
32 21 pursuant to section 501c 501(c) of the Internal Revenue Code,
32 22 or any similar organization in any foreign country.
32 23 Sec. 86. Section 508.38, subsection 11, Code Supplement
32 24 2003, is amended to read as follows:
32 25 11. After July 1, 2003, a company may elect either to
32 26 apply the provisions of this section as it existed prior to
32 27 July 1, 2003, or to apply the provisions of this section as
32 28 enacted amended by 2003 Acts, ch 91, } 8==10 10, to annuity
32 29 contracts on a contract form=by=form basis before the second
32 30 anniversary of the effective date of 2003 Acts, ch 91, } 8==10
32 31 July 1, 2005. In all other instances, this section shall
32 32 become operative with respect to annuity contracts issued by
32 33 the company two years after July 1, 2003.
32 34 Sec. 87. Section 514.2, Code Supplement 2003, is amended
32 35 to read as follows:
33 1 514.2 INCORPORATION.
33 2 Persons desiring to form a nonprofit hospital service
33 3 corporation, or a nonprofit medical service corporation, or a
33 4 nonprofit pharmaceutical or optometric service corporation
33 5 shall incorporate have been incorporated under the provisions
33 6 of chapter 504, Code 1989, or shall incorporate under the
33 7 provisions of chapter 504A, as supplemented and amended herein
33 8 and any acts amendatory thereof.
33 9 Sec. 88. Section 533C.202, subsection 2, paragraph e, Code
33 10 Supplement 2003, is amended to read as follows:
33 11 e. A list of other states in which the applicant is
33 12 licensed to engage in money transmission or provide other
33 13 money services and of any license revocations, suspensions, or
33 14 other disciplinary action taken against the applicant in
33 15 another state.
33 16 Sec. 89. Section 533C.301, subsection 1, unnumbered
33 17 paragraph 1, Code Supplement 2003, is amended to read as
33 18 follows:
33 19 A person shall not engage in currency exchange or
33 20 advertise, solicit, or hold itself out as providing currency
33 21 exchange for which the person receives revenues equal to or
33 22 greater than five percent of total revenues unless the person:
33 23 Sec. 90. Section 544A.28, unnumbered paragraph 4, Code
33 24 2003, is amended to read as follows:
33 25 A public official charged with the enforcement of the state
33 26 building code, as adopted pursuant to section 103A.7, or a
33 27 municipal or county building code, shall not accept or approve
33 28 any technical submissions involving the practice of
33 29 architecture unless the technical submissions have been
33 30 stamped with the architect's seal as required by this section
33 31 or unless the applicant has certified on the technical
33 32 submission to the applicability of a specific exception under
33 33 section 544A.18 permitting the preparation of technical
33 34 submissions by a person not registered under this chapter. A
33 35 building permit issued with respect to technical submissions
34 1 which do not conform to the requirements of this section is
34 2 invalid.
34 3 Sec. 91. Section 554.10105, unnumbered paragraph 1, Code
34 4 2003, is amended to read as follows:
34 5 The secretary of state, the secretary's employees or
34 6 agents, are hereby exempted from all personal liability as a
34 7 result of errors or omissions in the performance of any duty
34 8 required by the Uniform Commercial Code, as provided in this
34 9 chapter 554, except in cases of willful negligence.
34 10 Sec. 92. Section 570A.5, unnumbered paragraph 1, Code
34 11 Supplement 2003, is amended to read as follows:
34 12 Except as provided in this section, an agricultural supply
34 13 dealer's dealer lien that is effective or perfected as
34 14 provided in section 570A.4 shall be subject to the rules of
34 15 priority as provided in section 554.9322. For an agricultural
34 16 supply dealer's dealer lien that is perfected under section
34 17 570A.4, all of the following shall apply:
34 18 Sec. 93. Section 570A.5, subsections 1 and 2, Code
34 19 Supplement 2003, are amended to read as follows:
34 20 1. The lien shall have priority over a lien or security
34 21 interest that applies subsequent to the time that the
34 22 agricultural supply dealer's dealer lien is perfected.
34 23 2. Except as provided in section 570A.2, subsection 3, the
34 24 lien shall have equal priority to a lien or security interest
34 25 which is perfected prior to the time that the agricultural
34 26 supply dealer's dealer lien is perfected. However, a
34 27 landlord's lien that is perfected pursuant to section 570.1
34 28 shall have priority over a conflicting agricultural supply
34 29 dealer's dealer lien as provided in section 570.1, and a
34 30 harvester's lien that is perfected pursuant to section 571.3
34 31 shall have priority over a conflicting agricultural supply
34 32 dealer's dealer lien as provided in section 571.3A.
34 33 Sec. 94. Section 570A.6, Code Supplement 2003, is amended
34 34 to read as follows:
34 35 570A.6 ENFORCEMENT OF LIEN.
35 1 An agricultural supply dealer may enforce an agricultural
35 2 supply dealer's dealer lien in the manner provided for
35 3 agricultural liens pursuant to chapter 554, article 9, part 6.
35 4 Sec. 95. Section 591.17, unnumbered paragraph 1, Code
35 5 2003, is amended to read as follows:
35 6 In all instances where corporations not for pecuniary
35 7 profit have heretofore adopted renewal articles of
35 8 incorporation or articles of reincorporation and there has
35 9 been a failure to set forth therein the time of the annual
35 10 meeting or the time of the annual meeting of the trustees or
35 11 directors and such renewal articles of incorporation or
35 12 articles of reincorporation are otherwise complete and in
35 13 compliance with the law as set forth in section 504.1, Code
35 14 1989, such renewal articles of incorporation or articles of
35 15 reincorporation are hereby legalized and validated and shall
35 16 be held to have the same force and effect as though all of
35 17 such provisions had been complied with in all respects.
35 18 Sec. 96. Section 598B.106, Code 2003, is amended to read
35 19 as follows:
35 20 598B.106 EFFECT OF CHILD=CUSTODY DETERMINATION.
35 21 A child=custody determination made by a court of this state
35 22 that had jursidiction jurisdiction under this chapter binds
35 23 all persons who have been served in accordance with the laws
35 24 of this state, or notified in accordance with section
35 25 598B.108, or who have submitted to the jurisdiction of the
35 26 court, and who have been given an opportunity to be heard. As
35 27 to those persons, the determination is conclusive as to all
35 28 decided issues of law and fact except to the extent the
35 29 determination is modified.
35 30 Sec. 97. Section 602.11112, Code 2003, is amended to read
35 31 as follows:
35 32 602.11112 FIFTH JUDICIAL ELECTION DISTRICT.
35 33 The provisions of section 602.6109, Code 2003, relating to
35 34 the division of the fifth judicial district into judicial
35 35 election districts 5A, 5B, and 5C take effect January 1, 1985.
36 1 Sec. 98. Section 602.11115, subsection 3, Code Supplement
36 2 2003, is amended to read as follows:
36 3 3. To commence coverage under the judicial retirement
36 4 system pursuant to article 9, part 1, retroactive to the date
36 5 the district associate judge became a district associate judge
36 6 or a full=time judicial magistrate, whichever was earlier, and
36 7 to cease to be a member of the Iowa public employees'
36 8 retirement system, effective July 1, 1984. The department of
36 9 administrative services personnel shall transmit by January 1,
36 10 1985, to the state court administrator for deposit in the
36 11 judicial retirement fund the district associate judge's
36 12 accumulated contributions as defined in section 97B.1A,
36 13 subsection 2 for the judge's period of membership service as a
36 14 district associate judge or full=time judicial magistrate, or
36 15 both. Before July 1, 1986, or at retirement previous to that
36 16 date, a district associate judge who becomes a member of the
36 17 judicial retirement system pursuant to this subsection shall
36 18 contribute to the judicial retirement fund an amount equal to
36 19 the difference between four percent of the district associate
36 20 judge's total basic salary for the entire period of service
36 21 before July 1, 1984, as a district associate judge or judicial
36 22 magistrate, or both, and the district associate judge's
36 23 accumulated contributions transmitted by the department of
36 24 administrative services personnel to the state court
36 25 administrator pursuant to this subsection. The district
36 26 associate judge's contribution shall not be limited to the
36 27 amount specified in section 602.9104, subsection 1. The state
36 28 court administrator shall credit a district associate judge
36 29 with service under the judicial retirement system for the
36 30 period of service for which contributions at the four percent
36 31 level are made.
36 32 Sec. 99. Section 633.707, subsection 3, Code 2003, is
36 33 amended to read as follows:
36 34 3. "Institutionalized individual" means an individual
36 35 receiving nursing facility services, a level of care in any
37 1 institution equivalent to nursing facility services, or home
37 2 and community=based services under the medical assistance home
37 3 and community=based services waiver program.
37 4 Sec. 100. Section 633.709, subsection 3, paragraphs a, b,
37 5 c, and e, Code 2003, are amended to read as follows:
37 6 a. For a beneficiary who meets the medical assistance
37 7 level of care requirements for services in an intermediate
37 8 care facility for persons with mental retardation and who
37 9 either resides in an intermediate care facility for persons
37 10 with mental retardation or is eligible for services under the
37 11 medical assistance home and community=based services waiver
37 12 services except that the beneficiary's income exceeds the
37 13 allowable maximum, the applicable rate is the maximum monthly
37 14 medical assistance payment rate for services in an
37 15 intermediate care facility for persons with mental
37 16 retardation.
37 17 b. For a beneficiary who meets the medical assistance
37 18 level of care requirements for hospital=based, medicare=
37 19 certified, skilled nursing facility care and who either
37 20 resides in a hospital=based, medicare=certified, skilled
37 21 nursing facility or is eligible for services under the medical
37 22 assistance home and community=based services waiver services
37 23 except that the beneficiary's income exceeds the allowable
37 24 maximum, the applicable rate is the statewide average charge
37 25 to private=pay patients for hospital=based, MEDICARE=
37 26 certified, skilled nursing facility care.
37 27 c. For a beneficiary who meets the medical assistance
37 28 level of care requirements for nonhospital=based, Medicare=
37 29 certified, skilled nursing facility care and who either
37 30 resides in a nonhospital=based, Medicare=certified, skilled
37 31 nursing facility or is eligible for services under the medical
37 32 assistance home and community=based services waiver services
37 33 except that the beneficiary's income exceeds the allowable
37 34 maximum, the applicable rate is the statewide average charge
37 35 to private=pay patients for nonhospital=based, Medicare=
38 1 certified, skilled nursing facility care.
38 2 e. For a beneficiary who meets the medical assistance
38 3 level of care requirements for services in a state mental
38 4 health institute and who either resides in a state mental
38 5 health institute or is eligible for services under a medical
38 6 assistance home and community=based services waiver services
38 7 except that the beneficiary's income exceeds the allowable
38 8 maximum, the applicable rate is the statewide average charge
38 9 for state mental health institute care.
38 10 Sec. 101. Section 669.14, subsection 5, Code Supplement
38 11 2003, is amended to read as follows:
38 12 5. Any claim by an employee of the state which is covered
38 13 by the Iowa workers' compensation law or the Iowa occupational
38 14 disease law, chapter 85A.
38 15 Sec. 102. Section 709.15, subsection 1, paragraph g, Code
38 16 Supplement 2003, is amended to read as follows:
38 17 g. "Student" means a person who is currently enrolled in
38 18 or attending a public or nonpublic elementary or secondary
38 19 school, or who was a student enrolled in or who attended a
38 20 public or nonpublic elementary or secondary school within
38 21 thirty days of any violation of subsection 3.
38 22 Sec. 103. 2003 Iowa Acts, chapter 91, section 10, the
38 23 portion of which amends section 508.38, subsection 11, Code
38 24 2003, is amended to read as follows:
38 25 11. After the effective date of this section of this Act,
38 26 a company may elect either to apply the provisions of this
38 27 section as it existed prior to the effective date of this
38 28 section of this Act or to apply the provisions of this section
38 29 as enacted by this Act to annuity contracts on a contract
38 30 form=by=form basis before the second anniversary of the
38 31 effective date of this section of this Act. In all other
38 32 instances, this section shall become operative with respect to
38 33 annuity contracts issued by the company two years after the
38 34 effective date of this section of this Act.
38 35 Sec. 104. 2003 Iowa Acts, chapter 143, section 17,
39 1 subsection 2, is amended to read as follows:
39 2 2. The section of this Act amending section 123.183 and
39 3 relating to the deposit of revenue collected from the wine
39 4 gallonage tax in the grape and wine development fund is
39 5 retroactively applicable to July 1, 2002. The revenue
39 6 collected during the fiscal year beginning on July 1, 2002,
39 7 and ending on June 30, 2003, from the wine gallonage tax on
39 8 wine imported into this state at wholesale and sold in this
39 9 state at wholesale as provided in section 123.183 that is in
39 10 excess of the revenue collected from such tax during the
39 11 fiscal year beginning July 1, 2001, and ending on June 30,
39 12 2002, shall be deposited in the grape and wine development
39 13 fund as created in section 175.5 175A.5. However, not more
39 14 than seventy=five thousand dollars from such tax shall be
39 15 deposited into the fund.
39 16 Sec. 105. Section 423.3, subsection 33, as enacted by 2003
39 17 Iowa Acts, 1st Extraordinary Session, chapter 2, section 96,
39 18 is amended to read as follows:
39 19 33. The sales price of mementos and other items relating
39 20 to Iowa history and historic sites, the general assembly, and
39 21 the state capitol, sold by the legislative service bureau
39 22 services agency and its legislative information office on the
39 23 premises of property under the control of the legislative
39 24 council, at the state capitol, and on other state property.
39 25 Sec. 106. CODE EDITOR DIRECTIVE == ASTM INTERNATIONAL.
39 26 The Code editor is directed to change references to the
39 27 American society for testing and materials to references to
39 28 ASTM international in the following Code and Code supplement
39 29 sections, and in any other Code sections amended or enacted
39 30 during the 80th General Assembly, second session, or during
39 31 prior sessions of the General Assembly, consistent with the
39 32 reference changes made relating to the same organization in
39 33 this Act: 159A.2, 214A.1, 214A.2, 359A.18, 452A.2, 455B.173,
39 34 455B.474, 455D.19, and 459.307.
39 35 Sec. 107. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
40 1 The section of this Act amending 2003 Iowa Acts, chapter 91,
40 2 section 10, being deemed of immediate importance, takes effect
40 3 upon enactment and applies retroactively to July 1, 2003.
40 4 EXPLANATION
40 5 This bill makes Code changes and corrections that are
40 6 considered to be nonsubstantive and noncontroversial, in
40 7 addition to style changes. Changes made include updating or
40 8 correcting various names of and references to public and
40 9 private entities and funds, correcting internal Code and
40 10 subject matter references, and making various grammatical
40 11 corrections. Code sections in which the technical,
40 12 grammatical, and other nonsubstantive changes are made include
40 13 the following:
40 14 Code sections 2B.10, 2B.17, and 3.3: Substitutes the term
40 15 "Iowa Acts" for "session laws" to correspond to current
40 16 language.
40 17 Code section 7J.1: Deletes the phrase ", if the department
40 18 is established in law," following a reference to the
40 19 department of administrative services. The department of
40 20 administrative services was established in 2003 Iowa Acts,
40 21 chapter 145.
40 22 Code section 8.59: Simplifies the punctuation of a
40 23 sentence within the section to adjust hypertext linkages for
40 24 the computerized version of the Iowa Code.
40 25 Code section 8A.124: Makes a grammatical correction in a
40 26 provision relating to additional personnel employed by the
40 27 department of administrative services.
40 28 Code section 8A.402: Makes a grammatical correction in a
40 29 provision relating to state government human resources duties
40 30 of the department of administrative services.
40 31 Code section 8A.502: Deletes a redundant use of the word
40 32 "necessary" in a provision requiring the department of
40 33 administrative services to develop certain reports and
40 34 procedures.
40 35 Code section 11.27: Substitutes for a name reference to
41 1 the budget and financial control Act, the numerical reference
41 2 for that same Act.
41 3 Code section 15.269: Corrects a reference to the defined
41 4 term "cogeneration pilot project facilities".
41 5 Code sections 28.4 and 135.106: Corrects references to the
41 6 healthy opportunities for parents to experience success ==
41 7 healthy families Iowa program to reflect the correct name of
41 8 the program.
41 9 Code sections 29A.1, 29A.8A, 29A.28, 29A.90, 29B.13,
41 10 260C.14, 261.9, 262.9, and 422.7: Changes a term used to
41 11 describe certain state military duty at the request of the
41 12 department of public defense to avoid an unfortunate acronym.
41 13 Code section 72.5: Corrects a reference to the title
41 14 assigned to the head of the administrative unit responsible
41 15 for administration of the state building code.
41 16 Code section 80.35: Changes a reference from the
41 17 department of administrative services to the department of
41 18 general services, a predecessor agency to the department of
41 19 administrative services, to reflect that the transfer of
41 20 employees referenced in the Code section occurred with the
41 21 department of general services prior to the creation of the
41 22 new department.
41 23 Code section 80B.5: Substitutes the words "this chapter"
41 24 for a reference by Act name for Code chapter 80B.
41 25 Code section 96.7: Deletes an incorrect reference to the
41 26 year 2003 following the phrase "subsequent calendar year".
41 27 The reference should have been stricken in the 2003
41 28 legislation extending the unemployment compensation surcharge
41 29 for several years.
41 30 Code section 99B.9: Adds the term "governmental" prior to
41 31 "subdivision" to enhance readability.
41 32 Code section 99D.24: Corrects the spelling of the word
41 33 jurisdiction in a provision relating to the racing and gaming
41 34 commission.
41 35 Code section 99G.8, subsection 9: Eliminates unnecessary
42 1 language to enhance readability.
42 2 Code section 99G.10: Standardizes the names of the
42 3 national criminal history check and the state criminal history
42 4 repository in a provision relating to background
42 5 investigations of Iowa lottery authority personnel. Similar
42 6 standardization was accomplished in 2003 legislation.
42 7 Code section 99G.33: Changes the term "agreement" to
42 8 "contract" to provide consistency with the prior reference in
42 9 the section to contracting for investigative services.
42 10 Code sections 100.35, 100.38, 100.39, 135.18, 135B.17,
42 11 135C.28, 137C.31, 137D.6, 137F.16, 167.11, 322B.2, 422E.5,
42 12 435.1, 455B.172, 499B.3, 499B.20, 504C.1, and 544A.28: Adds
42 13 references to Code section 103A.7 following references to the
42 14 state building code.
42 15 Code section 100B.8: Changes a reference from the
42 16 department of administrative services to the department of
42 17 personnel, a predecessor agency to the department of
42 18 administrative services, to reflect that the transfer of
42 19 employees referenced in the Code section occurred with the
42 20 department of personnel prior to the creation of the new
42 21 department.
42 22 Code section 124.401: Makes a grammatical correction in a
42 23 provision relating to certain prohibited acts involving
42 24 controlled substances.
42 25 Code section 135.142: Makes a grammatical correction in a
42 26 provision relating to shortages of health care supplies during
42 27 a public health disaster.
42 28 Code sections 145A.16 and 260C.18: Adds a chapter number
42 29 reference to the descriptive reference to the short title of
42 30 Code chapter 24. The short title, "local budget law", is
42 31 contained in Code section 24.1.
42 32 Code sections 159A.2, 214A.1, 214A.2, 359A.18, 452A.2,
42 33 455B.173, 455B.474, 455D.19, and 459.307: Corrects references
42 34 to the organization formerly known as the American society for
42 35 testing and materials, now known as ASTM international, in a
43 1 manner which is consistent with changes made in Code sections
43 2 455D.19 and 455H.204 in this bill.
43 3 Code sections 232.71D, 249A.12, 249A.30, 249H.3, 249H.5,
43 4 331.440A, 633.707, and 633.709: Corrects various references
43 5 to home and community=based services waivers under the medical
43 6 assistance program. The correct name for the waiver is the
43 7 "home and community=based services waiver".
43 8 Code section 237A.29: Makes a grammatical correction in a
43 9 provision providing sanctions for obtaining public funding for
43 10 provision of child care by fraudulent means.
43 11 Code section 255.13: Makes a grammatical correction in a
43 12 provision relating to attendants appointed to accompany
43 13 indigent persons to the hospital.
43 14 Code section 256A.3: Changes the manner in which certain
43 15 programs for at=risk children, who are three or four years in
43 16 age, are described to eliminate a technical issue encountered
43 17 in the desktop publication process for this Code section.
43 18 Code section 285.10: Rewords a provision relating to
43 19 purchases of buses by schools to provide proper transition
43 20 between the lead=in paragraph and a subsequent paragraph.
43 21 Code section 292.4: Corrects a reference to the "grow Iowa
43 22 values fund", the proper name of the fund. The bill also
43 23 substitutes "section 15G.108" for a reference to the 2003
43 24 legislation creating the fund.
43 25 Code section 305.9: Makes a grammatical correction in a
43 26 provision relating to the responsibilities of the department
43 27 of cultural affairs.
43 28 Code section 322F.1: Makes grammatical corrections in a
43 29 provision providing definitions for Code chapter 322F,
43 30 relating to equipment dealership agreements.
43 31 Code section 322F.7: Makes a grammatical correction in a
43 32 provision delineating specific violations of Code chapter
43 33 322F, relating to equipment dealership agreements.
43 34 Code section 384.38: Makes a grammatical correction in a
43 35 provision relating to costs a city may assess to private
44 1 property.
44 2 Code section 422.42: Substitutes a reference to Code
44 3 section 170.1 for a reference to Code section 189A.2. Code
44 4 section 170.1 contains the actual definition for "farm deer",
44 5 while Code section 189A.2 merely references that definition.
44 6 Code section 422E.3A: Makes a grammatical correction in a
44 7 provision relating to division of receipts from the local
44 8 sales and services tax for school infrastructure purposes.
44 9 Code section 426A.7: Eliminates the clause "As soon as
44 10 practicable after the effective date of this chapter," from a
44 11 provision requiring the department of revenue to forward
44 12 certain sample forms to county auditors. Code chapter 426A
44 13 has been effective for a number of years.
44 14 Code section 441.23: Makes a grammatical correction in a
44 15 provision relating to adjustments in real property valuation
44 16 assessments.
44 17 Code section 453D.5: Substitutes "nonparticipating
44 18 manufacturer" for "nonparticipatory manufacturer" to agree
44 19 with other uses of the term in the Code section.
44 20 Code section 455D.19: Corrects a reference to the
44 21 organization formerly known as the American society for
44 22 testing and materials, now known as ASTM international, in a
44 23 provision relating to the testing of solid waste packaging
44 24 materials for heavy metal content.
44 25 Code section 455H.204: Corrects a reference to the
44 26 organization formerly known as the American society of testing
44 27 and materials, now known as ASTM international, in language
44 28 regarding standards for site=specific cleanup in areas
44 29 contaminated by certain hazardous substances.
44 30 Code section 459.102: Makes a grammatical correction in a
44 31 provision defining "commercial manure service representative"
44 32 for purposes of Code chapter 459, the animal agriculture
44 33 compliance Act.
44 34 Code section 459.401: Corrects a reference to the defined
44 35 term "commercial manure service representative".
45 1 Code section 496C.16: Adds a number reference to Code
45 2 chapter 490 following a reference to the Iowa business
45 3 corporation Act.
45 4 Code section 497.33: Substitutes "corporation" for
45 5 "association" to agree with other uses of the term in the Code
45 6 section.
45 7 Code sections 504A.29 and 504A.39: Substitutes the term
45 8 "Iowa Acts" for "session laws" to correspond to current
45 9 language.
45 10 Code section 508.31A: Corrects a reference to section
45 11 501(c) of the Internal Revenue Code.
45 12 Code section 508.38: Clarifies that the Code section was
45 13 amended, rather than enacted, by 2003 Iowa Acts, chapter 91,
45 14 section 10. The bill substitutes "July 1, 2005" for "the
45 15 second anniversary of the effective date of 2003 Acts, ch 91,
45 16 } 8=10".
45 17 Code section 514.2: Makes grammatical corrections in a
45 18 provision relating to incorporation of certain nonprofit
45 19 medical service organizations.
45 20 Code sections 533C.202 and 533C.301: Makes grammatical
45 21 changes in language contained in two provisions in the uniform
45 22 money services Act enacted in 2003 Acts, chapter 96.
45 23 Code section 554.10105: Eliminates a self=reference
45 24 contained in this section within Code chapter 554, the Iowa
45 25 version of the uniform commercial Code.
45 26 Code sections 570A.5 and 570A.6: Substitutes the defined
45 27 term "agricultural supply dealer lien" for the term
45 28 "agricultural supply dealer's lien" in several places.
45 29 Code section 591.17: Inserts "Code 1989," after a
45 30 reference to Code section 504.1, which was repealed in 1990.
45 31 Code section 598B.106: Corrects the spelling of the word
45 32 jurisdiction in a provision relating to the effect of a
45 33 determination of child=custody made by a court of this state
45 34 that had jurisdiction over the matter.
45 35 Code section 602.11112: Inserts ", Code 2003," after a
46 1 reference to the provisions in Code section 602.6109 relating
46 2 to the division of the fifth judicial district. Code section
46 3 602.6109 was amended in 2003, thereby eliminating the
46 4 described provisions.
46 5 Code section 602.11115: Changes a reference from the
46 6 department of administrative services to the department of
46 7 personnel, a predecessor agency to the department of
46 8 administrative services, to reflect that the transfer of
46 9 retirement contributions referenced in the Code section
46 10 occurred with the department of personnel prior to the
46 11 creation of the new department.
46 12 Code section 669.14: Adds a chapter number reference to a
46 13 reference to the short title for Code chapter 85A. The short
46 14 title for Code chapter 85A is contained in Code section 85A.1.
46 15 Code section 709.15: Makes a grammatical correction in the
46 16 definition of "student" for purposes of a provision relating
46 17 to sexual exploitation by a counselor, therapist, or school
46 18 employee.
46 19 2003 Iowa Acts, chapter 91, section 10: Clarifies
46 20 references to the "effective date of this Act" to refer to the
46 21 "effective date of this section of this Act" as the section
46 22 has a different effective date than the rest of the Act. This
46 23 provision takes effect upon enactment and applies
46 24 retroactively to July 1, 2003.
46 25 2003 Iowa Acts, chapter 143, section 17: Substitutes
46 26 "175A.5" for "175.5" in a provision referring to the creation
46 27 of the grape and wine development fund.
46 28 2003 Iowa Acts, First Extraordinary Session, chapter 2,
46 29 section 96: Substitutes "legislative services agency" for
46 30 "legislative service bureau" in a provision exempting certain
46 31 items sold by the agency and its legislative information
46 32 office from the sales tax.
46 33 LSB 5304HV 80
46 34 lh/pj/5